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Mr. Bill Malinen July 16, 2008 Page 2 One issue that presents itself in our review of the JPA is the 'issue of liability. In this 10 regard the JPA states that Each party will be responsible for its own acts and/or omissions and those of its officials, employees, representatives and agents in carrying out the terms of this Agreement. See JPA, § 14.1 0 The above provision presents two concerns. First, the JPA in essence would give St. Paul the authority to direct and control the actions of Roseville officers. We have concerns about the potential liability exposure of the City where a delegation of control is coupled with the retention of liability for the acts of an officer. Second, St. Paul intends to enter separate JPA s with each assisting city. If each agency its responsible for 'Its own acts, any litigation could be quite complicated and quite expensive) if the events giving rise to as lawsuit involve officers from multiplej uric dfictions. Tempering our concern to some degree s the practical reality that Roseville has a mutual aid agreement in place with St. Paul and surrounding communities. If Roseville declines to participate 'in the JPA, and a mutual aid request is made, Roseville would, in responding to the call for assistance, be responsible for its own acts under the mutual aid agreement. The principal difference in such a context would be that, under the mutual aid scenario, Roseville officers would remain under the direction and control of Roseville, The Council should also be cognizant that there is a limited amount of insurance being *ded for the convention. We understand that the provi 1 host RNC Committee has secured $ 10 million in primary coverage for the convention. Each city that executes the JPA will be a named insured on the policy. Given the potential for civil rights type claims if negative events arise, the Council must be comfortable that the $ 10 million aggregate coverage is enough. It does appear to be the case that LMCIT coverage might also apply to provide a "secondary" layer of protection to the City. However, Roseville's deductible i's quite high, and 0 , 0 any losses, would, of course, affect the City's experience rating, On the other hand, under a mutual aid scenario, there would be no RNC 'insurance policy to provide primary coverage to the City. In such a context, the City's own coverage with LMCIT would be primary. A second key area of focus is the provision dealing with reimbursement of the City for its costs of per vidi g assistance. Specifically, St. Paul's obligation to reimburse an assisting