9A, City - County Joint Powers Agreement for TCAAP

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ARTICLE IV LIABILITY Section 4.1. Responsibility for Risks and Liabilities. Each Party shall be liable for its torts and the torts of its employees, agents and consultants in undertaking its respective individual responsibilities as described in this Joint Agreement. Notwithstanding any language to the contrary in this Joint Agreement, the Parties agree that liability arising out of the activities of the JDA and the Parties shall be subject to the requirements of Minnesota Statutes Section 471.59, subdivision lab., as it may be amended. Section 4.2. Insurance. The Parties intend that the JDA be insured for its tort liability and general liability as a joint powers board. The Parties shall coordinate the insurance coverage and carriers, and allocate such responsibility pursuant to advice from its carriers, or as determined by its self-insurance advisors as the case may be. The costs of sueh ' e shall be split based on the ratio established by the Anntial Gentr-ibtiti insurance for the JDA shall be the responsibility of County. The JDA shall be insured as follows: 4.2.1. Comprehensive general liability insurance with limits against bodily injury and property damage of not less than $1,500,000 for each occurrence. 4.2.1. Workers' Compensation insurance providing statutorily required coverage. 4.2.3. Each Party shall primarily insure its staff assigned to the JDA and be primarily liable for injuries to its employee(s) while performing duties on behalf of the JDA. 4.2.4. The Parties intend that to the extent JDA activities take place on property owned or controlled by a Party, the JDA shall assume primary liability for injuries or death to any person, or any property damage that may occur. 4.2.4. At such time as the JDA may be authorized by the Parties to hire and retain employees, the JDA shall procure insurance as required by this Article and become primarily liable for injuries to and the tort liability of such employees. Section 4.3. Liability Insurance. Any costs for insurance by the Parties for their respective coverage as a member of the JDA shall be the responsibility of that Party. Each Party agrees that it shall, at its own expense, carry and maintain in full force and effect during the Initial Term and any Additional Term of this Joint Agreement (as Term and Additional Term are defined in Section 5.5 below) comprehensive public liability insurance, including personal injury liability coverage, in amounts which meet or exceed the maximum liability limits per claim or any number of claims per occurrence under Minnesota Statute Section 466.04, Laws of Minnesota 2012 or as thereafter amended, to address that Party's liability arising out of its respective activities under this Joint Agreement. 20