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09.01 - Joint Powers Agreement for Emergency Mutual Assistance
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12-07-2004 Council Meeting
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09.01 - Joint Powers Agreement for Emergency Mutual Assistance
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The intent of this subdivision is to impose on each Requesting Party a <br /> limited duty to defend and indemnify a Responding Party for claims <br /> arising within the Requesting Party's jurisdiction subject to the limits of <br /> liability under Minnesota Statute Chapter 466. The purpose of creating <br /> this duty to defend and indemnify is to simplify the defense of claims <br /> against multiple defendants from a single occurrence to be defended by a <br /> single attorney or a single law firm. <br /> 4.3 No Liability. No party to this Agreement nor any officer, employee, <br /> agent or official of any Party shall be liable to any other Party or to any other <br /> person for failure of any Party to furnish assistance to any other Party, or for <br /> recalling assistance,both as described in this Agreement. <br /> 5. Charges to the Requesting Party <br /> 5.1 No charges will be levied by a Responding Party to this Agreement for <br /> assistant rendered to the Requesting Party under the terms of this Agreement <br /> pursuant to Section 1.1 hereof except as provided in Section 4 hereof. If <br /> assistance is provided under this Agreement pursuant to Section 1.2 hereof, the <br /> Responding Party may submit to the Requesting Party an itemized bill for the <br /> actual cost of any assistance provided pursuant to Section 1.2 herein, including <br /> salaries, overtime, materials and supplies and other necessary expenses and the <br /> Requesting Party will pay the Responding Party providing the assistance that <br /> amount. <br /> 5.2 Such charges are not contingent upon the availability of federal or state <br /> government funds. <br /> 6. Duration <br /> This Agreement will be in force until terminated by any Party hereto. Any Party may withdraw <br /> from this Agreement and terminate this Agreement with respect to it upon thirty- days (30) <br /> written notice to the other party or parties to the Agreement. <br /> 7. Execution <br /> Each Party hereto has read, agreed to and executed this Mutual Aid Agreement on this date <br /> indicated. <br /> 8. Miscellaneous <br /> This Agreement will be governed by the laws of the State of Minnesota. <br /> This Agreement shall be construed as complementary to and not inconsistent with the provisions <br /> �, of Minnesota Statutes Section 12.331, which authorizes inter-agency disaster assistance. <br />
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