Laserfiche WebLink
2016 JPA with <br />Prior Amendments <br /> <br /> 11 <br /> <br />4.11 Subdivision 10. Entrance upon Land. To the extent permitted by Minnesota Statuteslaw, <br />or with the owner’s permission, the Board or its designated representatives may enter upon <br />lands within or outside the Vadnais Lakes Area Watershed to make surveys and <br />investigations to accomplish the purposes of VLAWMO and the Act. <br /> <br />4.12 Subdivision 11. Legal and Technical Assistance. The Board may obtain and provide legal <br />and technical assistance as it determines is needed, including in connection with its on- <br />going operations and projects, as well as in matters ofany litigation or, and on such other <br />proceedings between one or more of its Members and any other political subdivision, <br />commission, board or agency relating to the planning or construction of facilities to drain <br />or pond storm waters within matters as the AreaBoard may request. <br /> <br />4.13 Subdivision 12. Permits. VLAWMO shall cooperate with appropriate local, state, and <br />federal agencies in obtaining required permits and shall review permits issued by local <br />units of government to accomplish the purposes identified in Section I of this Agreement. <br /> <br />4.14 Subdivision 13. Office. VLAWMO shall maintain an office within the Area. All notices <br />to VLAWMO shall be mailed or delivered to such office. <br /> <br />4.15 Subdivision 14. Insurance and Liability. VLAWMO may contract for or purchase such <br />insurance as the Board deems necessary for its protection. The Members agree as follows <br />with respect to the liability of VLAWMO and the Members: <br /> <br />1)(a) VLAWMO is a separate and distinct public entity to which the Members have <br />transferred all responsibility and control for action taken pursuant to this Agreement. <br /> <br />2)(b) VLAWMO shall defend and indemnify the Members, and their officers, employees, <br />and volunteers, from and against all claims, damages, losses, and expenses, including <br />attorney fees, arising out of the acts or omissions of the Board of Directors in carrying <br />out the terms of this Agreement. This Agreement does not constitute a waiver on the <br />limitations of liability set forth in Minnesota Statutes, sectionMinn. Stat. § 466.04. <br /> <br />3)(c) Nothing herein shall be construed to provide insurance coverage or indemnification to <br />an officer, employee, or volunteer of any memberMember for any act or omission for <br />which the officer, employee, or volunteer is guilty of malfeasance in office, willful <br />neglect of duty, or bad faith. <br /> <br />4)(d) To the fullest extent permitted by law, action by the Members to this Agreement are <br />intended to be and shall be construed as a “cooperative activity,” and it is the intent of <br />the Members that they shall be deemed a “single governmental unit” for purposes of <br />liability, as set forth in Minnesota Statutes, sectionMinn. Stat. § 471.59, subd. 1a, and <br />provided further that for purposes of that statute, each part to this Agreement <br />expressly declines responsibility for the acts and omissions of another Member. The <br />Members are not liable for the acts or omissions of another Member to this