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FIRST AMENDMENT TO THE JOINT POWERS AGIMEMENT t. TO PROTECT AND MANAGE THE VADNAIS I;A)[E.AREA WATERSHED This..First Amendment CtAirlendmenrl-to the Joint Powers Agreement to Protect and Manage the Vadnais Lake Area Watershed (``Joint Powers Agreement") is entered into by and among the Cities of Gan Lake, Lino Lakes, North Oaks, Vadnais. Heights; and White Bear Lake and the Township df White Bear (ctallectively� the "Members"), all. of which. are parties to the Joint Powers Agreement. WHF,REAS, the Vadnais Lake Area Water Management Organization ("VLAWMO") is interested in obtaining insurance coverage through the I:eague QfMirirlesota Cities Insurance Trust; and WHEREAS,. certain amendments are needed to the 10inf Powvers Agreement to facilit4te obtaining the insurance Coverage, to ensure VLAWMO and its M6Mbers have full access to the coverage:offered, and to expressly address liabilities. NOW, THEREFORE; the parde"s hereto hereby agree as follows: I. A fichdrnents. Subdivision 14 Qf the Joint. Powers Agreement is hereby amended by adding the underlined -material as: follows: Subdivision 14. Insurance and Liability: VLAWMO may contract for or purchase such insurmce -as -the Board deems necessary for its protection. The Members agree as follows with respect to liability of VLAWMO and the Members: 1) VLAWMO is a s arate and di' 'nct- ublic @nfity to which the Members transferred.all resDonslbiIitvand. contrcil ffr41nfion fn1tPn nttrminnt fn 0iie 21 VLAWMO shall defend and indemnifythe Members, and't .... and volunteers. from and against all ciaimc_ rlamnarm lncQA4 attorney fees.:arising out .of the. acts or omissions of the Board of`Directors in carr�g out the terms of this A eement. This Agreement does not constitute a waiver on the limitations of -liability set forth in Minnesota Statutes, section 466.04. 3� Vothing herein shall be construed to provide insurance coverage or indemnification to an officer, emplo ewe or volunteer of any member for any act or omission.for which .the officer. employee, or volunteer is guilty of malfeasance in office, willful neglect of duty: or bad faith. 4) To the fullest extent permitted by law, action by the Members to intended to be and shall be construed as a "cnhnerath/n art Mh& °f the Members that they shall be deemed a "single governmental unit" for Durposes of liability, as set forth in Minnesota Statutes section 471 59 subd "1 a(a), and provided further that for pu1poses of that statute each art to this AgLeement:expressly declines responsibility for the acts and omissions of another Member The Members are not 5686730 GHchdst,TmYJ. VA245A