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2. Joint powers entities and their employees enjoy the benefits of <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 /> 3. The Department of Labor and judicial precedent truly has the last word <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 /> d. Use of the term "the parties" or "party" Section 10 <br /> i. I question the intent of using the term "the parties." The term "governmental <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 /> KBG <br /> 4 <br /> 81 <br />