2016-073 Resolution - Laserfiche WebLink

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Per Section 9.482 of the Ohio Revised Code, employees acting pursuant to a legislatively approved contract between municipalities are permitted to participate in any pension or indemnity fund established by Provider to the same extent as if they were providing services for Provider, and are entitled to all the rights and benefits of the Workers' Compensation Law to the same extent as while they are performing a service within the boundaries of Provider. 2. The Parties are political subdivisions and are entitled to all of the immunities and defenses provided by law. To the extent that Chapter 2744 of the Revised Code applies to the operation of a political subdivision, it applies to each Party that is subject to this Agreement and to its employees when they are rendering a service outside the boundaries of their respective Party under the Agreement. 3. This Agreement does not in any way limit any power or function of a municipality in respect of any such functions being performed under this Agreement by another municipality. 4. Each Party agrees that it will be responsible for its own acts and omissions andthe results thereof; and shall not be responsible for the acts and omissions of the other Parties and the results thereof. Each Party agrees that it will assume all risk and liability to itself, its agents, or its employees for any injury to persons or property resulting in any manner from conduct of its own operations and the operations of its agents or employees under this Agreement. 5. Notwithstanding anything to the contrary, a Party shall not be liable to another Party for any special, consequential, incidental, punitive, or indirect damages or attorney fees arising from or relating to this Agreement. 6. No covenant, obligation, or promise of the Parties contained in this Agreement shall be deemed to be a covenant, obligation, or promise of any present or future council member, officer, or employee of the Parties in other than their official capacity and neither the officer, employee, or council members of the Parties approving or executing this Agreement shall be liable personally by reason of the covenants.obligations, or promises contained in this Agreement. 7. For employment relationship purposes, any Provider shall be an employee of the municipality for which that employee is ordinarily employed and by whom such employee is paid. Such employee shall not be entitled to any additional compensation or employment benefits from Olmsted Township, and no claim of joint employer status or liability shall be made on account of or arising from any incident in which a Provider's employee may be involved.. 8, The Parties agree that records pertaining to this Agreement are subject to Section 149.43 of the Ohio Revised Code (the "Public Records Law"), to the extent permitted or required by law. The Parties agree to cooperate with respect to any public record request and any request of an authorized representative of the Auditor of the State of Ohio in connection with audits and inspections of financial reports or conduct audits.