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<br />2.Joint powers entities and their employees enjoy the benefits of <br /> <br />“governmental immunity” from liability for its operations. In court, it is <br />easier to prove governmental immunity of an employee than it is for <br />independent contractors; and, <br /> <br />3.The Department of Labor and judicial precedent truly has the last word <br /> <br />about who is, or is not, an independent contractor. So placing this term <br />in a joint powers agreement has little legal effect unless an individual <br />truly fits within the State’s legal definition of an independent <br />contractor. <br /> <br />d.Use of the term “the parties” or “party” Section 10 <br /> <br />i.I question the intent of using the term “the parties.” The term “governmental <br /> <br />units” is used most other parts of the agreement. Use of the term “the parties” <br />must be defined, or else revised to use the term “governmental units.” As <br />discussed above, the intent of using this term may be different in paragraphs <br />10.4 from paragraphs 10.3, 10.5 to 10.6 because sometimes it appears to apply <br />to the employees of a governmental unit, and in other paragraphs it appears to <br />apply to the governmental units themselves. <br /> <br />KBG <br />4 <br /> <br />