Agmt10 Belmont-San Carlos Fire Department "Fire JPA"

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designated Shared Fire Marshal's preparing for, traveling to, and testifying in such matters at the employee's then current hourly rate of compensation, unless such litigation or administrative matter is brought by Fire JP A or is based solely on allegations of Fire JP A's negligent performance or wrongdoing. 7. Liabilitv. This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. 8. Indemnification. a. When the designated Shared Fire Marshal is performing duties as City's Fire Marshal, City is responsible for the costs of defense and any liability arising out of those services (including any workers compensation liability Fire JP A may incur as a result of injury to designated Shared Fire Marshal suffered while performing duties as City's designated Shared Fire Marshal). In the event of a dispute as to whether applicable law requires City to provide indemnity and a defense to the designated Shared Fire Marshal, such dispute shall be resolved between City and the designated Shared Fire Marshal and City shall indemnify and defend Fire JP A from and against any obligation to defend and indemnify the designated Shared Fire Marshal that may otherwise be required of Fire JP A by virtue of this Agreement. b. When the designated Shared Fire Marshal is performing duties as Fire JPA's Fire Chief, Fire JP A is responsible for the costs of defense and any liability arising out of those services to the extent required by applicable law. In the event of a dispute as to whether applicable law requires Fire JP A to provide indemnity and a defense to the designated Shared Fire Marshal, such dispute shall be resolved between Fire JP A and the designated Shared Fire Marshal and Fire JP A shall indemnify and defend City from and against any obligation to defend and indemnify the designated Shared Fire Marshal that may otherwise be required of City by virtue of this Agreement. c. City and Fire JP A waive the pro rata risk allocation contained in Government Code section 895.6. 9. Insurance Requirements. Each party shall provide and maintain either insurance in the form and amounts prescribed below or a statement that the entity is self-insured up to the amounts specified below: a. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit. b. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.