07. Red River Regional Dispatch Center Joint Powers Agreement review

41 Version Oct 13, 2022 Regional Dispatch Center Authority activities or operations, decisions of the Red River Regional Dispatch Center Authority, or arising out of or regarding the Dispatch Center. Nothing in this Agreement shall constitute a waiver of the statutory limits of liability set forth in N.D.C.C. § 32-12.1-03 and/or Minn. Stat. § 466.04 or a waiver of any available immunities or defenses. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any Member Entity 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. Section 15.06 RESERVED- Section 15.07 INDEMNIFICATION. In the event that a claim is made against a Member Entity arising out of or related to the Dispatch Center, and the Member Entity seeks defense and indemnification from the Red River Regional Dispatch Center Authority pursuant to Section 15.05 of this Agreement, the Red River Regional Dispatch Center Authority shall first apply any and all available and/or applicable insurance proceeds against said claim. In the event that such insurance proceeds are insufficient to satisfy the costs associated with such claim, and only after the application of insurance proceeds, said costs shall then be paid by funds made available to the Red River Regional Dispatch Center Authority by the Member Entities. Any amounts remaining to be paid shall then be allocated to the Member Entities in proportion to the cost allocation set forth in Article XII of. Section 15.08 UNINSURED LIABILITY. Any excess or uninsured liability shall be borne in accordance with the cost-share formula for maintenance set forth in Article XII of this Agreement, by all Member Entities; however, this does not include the liability of any individual officer, employee, or volunteer which arises from his or her own malfeasance, willful neglect of duty or bad faith. Section 15.09 CERTIFICATE OF INSURANCE. All insurance policies and certificates required under this Agreement shall be open to inspection by any Member Entity and copies of the policies or certificates shall be submitted to a Member Entity upon written request. ARTICLE XVI. OWNERSHIP OF PROPERTY ACQUIRED FOR THE DISPATCH CENTER Section 16.01 INTENT OF THE MEMBER ENTITIES. The Member Entities agree and acknowledge that the Dispatch Center may require the acquisition of lands, easements and/or rights-of-way, within one or more of the various jurisdictions of the Member Entities. The Member Entities desire to set forth the responsibilities for each of the Member Entities with respect to the ownership of easements, rights-of-way and lands related to and/or connected with the Dispatch Center. Said easements, rights-of-way and lands related to the Dispatch Center may be titled in the names of the various Member Entities.