Agda Pkt 2025.06.09 Joint SA PFA

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REV: 04-21-25 VR 6.3. In the event of the concurrent negligence of Partner, its officers, agents and/or employees, and the County, its officers, agents and/or employees, then the liability for any and all claims for injuries or damages which arise out of this Agreement shall be apportioned under California’s theory of comparative fault as presently established or as may be hereafter modified. 6.4 Partner will be responsible for the defense of any of its employees assigned to the GRTF in any lawsuit filed against that employee, regardless of the allegations. 6.5 The parties understand and agree that because the Officer assigned by Partner will be deemed to be continuing under the employment of the Partner, any damage, injury, disability, or death incurred by the Officer while working with the GRTF shall be deemed to have arisen out of, and to have been sustained in the course of, the Officer’s employment with Partner. Any Officer assigned to the GRTF who sustains any damage or injury arising out of and in the course of the Officer’s work with the GRTF shall be accorded by Partner all of the same benefits, including Workers Compensation Benefits, which the Officer would have received if the Officer had been acting under the immediate direction of Partner. If the Officer, or anyone on the Officer’s behalf, based on Officer’s injury, files against the County a claim for Workers’ Compensation or files a claim against the County based on an alleged tort violation of any labor or employment laws or a claim for any other wrongful act or omission, for any damage or injury claimed to have been sustained in relation to the Officer’s work with the GRTF, Partner shall indemnify, defend, and hold harmless the County, its officers, agents and employees. 7. ASSIGNABILITY 7.1 Partner shall not assign this Agreement or any portion thereof to a third party or subcontract with a third party to provide services required by Partner under this Agreement without the prior written consent of the County. Any such assignment or subcontract without the County’s prior written consent shall give the County the right to automatically and immediately terminate this Agreement. 7.2 Partner has assigned or will, upon request, assign an Officer or Sergeant to the GRTF. Before Partner re-assigns that Officer and assigns a different officer to the GRTF, Partner shall meet and confer in good faith with the County to discuss the re-assignment and receive input from the County and the District Attorney Chief Inspector or District Attorney. Re-assignment inconsistent with the wishes of the County is grounds for immediate termination of this Agreement. However, the final decision regarding assignment of its personnel remains with Partner. 8. INSURANCE Partner shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this Section has been obtained and such insurance has been approved by the County’s Risk Management, and Partner shall use diligence to obtain such insurance and to obtain such approval. Partner shall furnish the County with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability ATTY/AGR.2025.006/County of San Mateo (Gun Relinquishment Task Force MOU 2025-2028) (Page 4 of 12) 6.E. - Page 7 of 15 50