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RC-SWAT
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Last modified
3/29/2018 1:46:35 PM
Creation date
3/29/2018 1:46:33 PM
Metadata
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Template:
Contracts/Agreements
Agreement/Contract Type
Joint Powers Agreement
Contracts/Agreements - Department
Police
Purpose/Title
Ramsey County Sheriff's Special Weapons and Tactics Team Amended and Restated Joint Powers Agreement
Vendor/Organization
RC-SWAT
Council Approval Date
3/26/2018
Sign Date
3/26/2018
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5.2.7.3 For purposes of the Minnesota Municipal Tort Liability Act, the <br /> employees and officers of the Responding Parties are deemed to be <br /> employees (as defined in Minn. Stat. § 466.01, subd. 6) of the <br /> Requesting Party, but only for purposes of addressing liability under <br /> this Agreement. The employees of the Responding Parties shall not <br /> be considered employees of the Requesting Party for any other <br /> purpose. <br /> 5.2.7.4 Under no circumstances shall a party be required to pay on <br /> behalf of itself and other Parties any amounts in excess of the limits <br /> on liability established in Minn. Stat. Ch. 466 applicable to any one <br /> Party. Pursuant to Minn. Stat. § 471.59, subd. 1a, the limits of liability <br /> for some or all of the Parties may not be added together to determine <br /> the maximum amount of liability for any Party or Requesting Party. In <br /> addition to the foregoing, nothing herein shall be construed to waive <br /> or limit any immunity from, or limitation on, liability available to any <br /> Party, whether set forth in Minnesota Statutes, Chapter 466 or <br /> otherwise. <br /> 5.2.7.5 Consistent with Minn. Stat. § 466.07, nothing herein shall be <br /> construed to require provision of defense or indemnification to an <br /> officer, employee, or volunteer of any member for any act or omission <br /> for which the officer, employee, or volunteer is guilty of malfeasance in <br /> office, willful neglect of duty, or bad faith. <br /> 5.2.8 Aid to Non-Parties. <br /> 5.2.8.1 Definitions and Controlling Law. A political subdivision that <br /> is not a Party to this Agreement may request assistance from RC- <br /> SWAT. A non-party political subdivision that requests assistance is <br /> the "Requesting Political Subdivision" or "Receiving Political <br /> Subdivision"as that term is used in Minn. Stat. § 12.331. The Parties <br /> that compose RC-SWAT are the "Sending Political Subdivision(s)" <br /> as that term is used in Minn. Stat. § 12.331. Requests for assistance <br /> by other political subdivisions are governed by Minn. Stat. § 12.331. <br /> 5.2.8.2 Upon a request for assistance from a political subdivision <br /> that is not a Party to this Agreement, RC-SWAT may be <br /> deployed to such Requesting Political Subdivision, provided that <br /> the Ramsey County Sheriff or his or her designee has consented <br /> to such deployment. No Party or individual member of RC-SWAT <br /> shall incur any liability based upon a failure to provide assistance. <br /> Upon deployment, the Requesting Political Subdivision will be in <br /> control of the scene. The Team will not engage in any controlled <br /> offensive action without the express authorization of the chief law <br />
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