2012-08-08 CC Packet - Laserfiche WebLink

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E. The City of Hugo shall not be responsible for administering or securing payment between participating cities. Payment shall be made according to the term sheet attached as Exhibit A, and; F. The City of Hugo will provide a method for participating Building Officials to communicate their inspection needs. Upon receiving a request for building inspection services from a participating city, the City of Hugo will make that request available to other participating cities. Arrangements for inspection services may occur between participating cities without involvement from the City of Hugo. G. Inspectors that are provided to the pool from any City shall take direction from the Building Official within the City that the inspection occurs. The inspector shall provide the required documentation of the inspection along with any correction notices. ARTICLE II Liability. For the purposes of the Minnesota Municipal Tort Liability Act, (Minnesota Statutes, Chapter 466), a building inspector providing services under this Agreement shall be deemed to be an employee of the party for which the services are being performed. The party performing the building inspection services agrees to defend and indemnify the party providing the building inspector against any claims brought or actions filed against the party providing the building inspector for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of any services pursuant to this Agreement. Under no circumstances, however, shall a party be required to pay on behalf of itself and the other party, any amounts in excess of the limits on liability established in Minnesota Statutes, Chapter 466 applicable to any one party. The limits of liability for the parties may not be added together to determine the maximum amount of liability for any party. The intent of this provision is to impose on each party a limited duty to defend and indemnify the other party for claims subject to the limits of liability under Minnesota Statutes, Chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. Nothing herein shall be construed to provide insurance coverage or indemnification to an employee of any party for any act or omission for which the employee is guilty of malfeasance in office, willful neglect of duty, or bad faith. Hold Harmless. Each party agrees that it shall indemnify and save harmless, protect and defend the other party, its employees and agents from any or all liability, suits or demands, including the legal defense thereof, for bodily injuries, including death, or property damages, including loss of use arising out of any activity by itself or its employees and agents under this Agreement. 2 13