Multiple Agencies 3/21/2018 - Laserfiche WebLink

RESPONSE AND MUTUAL ASSISTANCE AND AUTHORITY TO PURCHASE ON OTHER FIRE AGENCY CONTRACTS V2017 SECTION 7. ACTION 7.1 When a Responding Agency assists a Requesting Agency, the Responding Agency acts under the direction of the Requesting Agency's authorized commander or his/her representative. This Section shall not require compliance with the direction of the on-scene commanding officer if, in the opinion of the commanding officer of the Responding Agency, such compliance would create an unreasonable risk to the health or safety of the Responding Agency's personnel. In the event that direction is refused by the commanding officer of the Responding Agency for safety considerations, a complete review after the incident shall be conducted by the Fire Chief of both parties to address the situation. SECTION 8. TERMINATION OF SERVICE 8.1 The Incident Commander shall release the Responding Agency's equipment and personnel from service and allow them to return to the Responding Agency as soon as conditions warrant or upon request of the Responding Agency. SECTION 9. LIABILITY - INDEMNIFICATION AND HOLD HARMLESS 9.1. No Liability for Responding Agency. Except as expressly provided herein, no Party shall be liable for (i) failure to comply with any provision of this Agreement, or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement. 9.2. Mutual Releases. Except as specifically provided herein, each Party hereby forever releases or discharges each other Party, its officers, officials, employees, volunteers and/or agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder. 9.3 Liability to Other Parties- Damage or Destruction to Apparatus or Equipment. Except as expressly provided herein, the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Mutual Aid. This provision shall not apply to the extent this provision would void applicable casualty insurance available to provide payment for the damage or loss of such apparatus or equipment. It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of casualty insurance or self-insurance as opposed to seeking reimbursement from other Parties. 9.4 Liability to Third Parties. The term "third party"means any person, firm or entity other than the Parties hereto. With regard to the Mutual Aid and Automatic Aid provided hereunder, each Party shall be responsible for all liability arising from or related to the negligent acts or willful misconduct of that Party, its officers, officials, employees, volunteers and/or agents which causes damage to third parties, to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party, its officers, officials, employees, volunteers and/or agents. Notwithstanding the foregoing, nothing in this Agreement is intended to create a cause of action or standing in favor of third parties to initiate legal claims of any nature against any Party. 9.5 Cross Indemnification. To the extent permitted by law, each Party agrees to indemnify, PAGE 5