Multiple Agencies 3/21/2018 - Laserfiche WebLink

RESPONSE AND MUTUAL ASSISTANCE AND AUTHORITY TO PURCHASE ON OTHER FIRE AGENCY CONTRACTS V2017 defend and hold harmless the other Parties, their officers, officials, employees, volunteers and/or agents from any and all claims, demands, causes of action, lawsuits, costs, including attorneys' fees, losses, judgments, awards or liabilities to any third party, arising out of the negligent acts or willful conduct of the indemnifying Party, its officers, officials, employees, volunteers and/or agents in connection with the performance of this Agreement. 9.6 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. SECTION 10. INSURANCE 10.1 For the duration of this Agreement, each Party shall maintain its own public liability and property damage insurance or be self-insured against claims for injuries to persons or damage to property which may arise from or in connection with the performance of this Agreement by its officers, officials, employees or volunteers. The Fire Chiefs of the Parties may establish minimum insurance requirements. It is expressly understood that no Party shall be responsible to provide the other Party's employees with coverage required under Chapter 41.26 RCW, as the same now exists or may be hereafter amended. 10.2 To the extent permitted by the applicable insurance policies, each Party hereby waives any right of subrogation against the other Parties. In this regard each Party utilizing a self- insurance retention program waives subrogation for any payment thereunder. SECTION 11. COMPENSATION 11.1 The Requesting Agency shall not be obligated to pay the Responding Agency for any damage to, loss of, or any expense(s) incurred in the operation of any equipment used in responding for aid, and for the cost incurred in connection with such requests. Except as may be mutually agreed between any Parties hereto in a separate interlocal agreement, or as provided in Section 11.2, each Party agrees that it will not seek compensation for services rendered under this Agreement from another Party to the Agreement; provided, however, that the Party requesting assistance shall attempt to obtain financial assistance from federal, state agencies or private Parties where financial assistance is available to reimburse the Responding Agency for losses or damages incurred in providing Assistance under this Agreement. This provision shall not limit two or more Parties, of the Agreement, from entering into an agreement in other areas or different conditions for compensation. 11.2 Notwithstanding anything to the contrary in Section 11.1 of this agreement, if a Responding Agency responds to a catastrophic event which requires use of Responding Agency's resources for an extended period of time, then Responding Agency may seek compensation as provided herein. 11.2.1 Responding Agency shall notify Requesting Agency of its intent to seek compensation and the date that compensation for use of Responding Agency's resources shall commence. Compensation may be sought only for utilization of Responding Agency's resources provided after such notification is given or as otherwise mutually agreed by Requesting Agency and Responding Agency. Equipment and apparatus compensation shall be at the rates set forth in the Wage and Equipment Rates for the Washington Fire Service. PAGE 6