AgdaPkt 2011-06-20 - Laserfiche WebLink

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6.1.A. - Page 6 any manner affect or limit the privileges or immunities or other protections accorded to Redwood City or its employees under federal law or state law or other law or to San Carlos or its employees under federal law or state law or other law. 5. Termination. Unless earlier terminated,the term of this Agreement Will commence upon the date first above written and shall expire on , 2016. This Agreement may be terminated without cause by any Party upon giving written notice thereof one (1) year or more prior to September 3 0. The effective date shall be set forth in the notice of termination, provided however, if such effective date is not set forth in the notice of termination, then in that event the effective date of termination shall be one (1) year after deliver or posing of said notice. 6. Indemnification. (a) In performing services under this Agreement, the Fire Chief or designee will direct the two departments as separate entities. When the Fire Chief is directing Redwood City Fire Department activities or personnel, Redwood City is responsible for liabilities arising out of his or her services. When the Fire Chief is directing San Carlos Fire Department activities or personnel, Redwood City is responsible for liabilities arising solely out of his or her functions or services. When the San Carlos Fire Department is performing any functions or services not directed by the Redwood City Fire Chief or designee, San Carlos is responsible for liabilities arising solely out of those functions and services. (b) When the Designated Fire Chief or designee is directing both Participating Agencies' departments or employees and in the event that San Carlos and Redwood City are concurrently negligent and are proximate causes of the alleged injury or damage giving rise to the claim, then the liability of any and all such claims for injuries or damages shall be apportioned under California's law of comparative negligence. (c) Other than expressly provided for in Section 7(a) in this Agreement, no Participating Agency shall be responsible for the acts or omissions of the other Participating Agency's officers or employees, nor shall any Participating Agency incur any liability arising out of the services of any other Participating Agency's officers or employees. Accordingly, the Participating Agencies hereby expressly agree to waive the pro rata risk allocation contained in Government Code section 895.6. 7. Insurance. Consultant shall obtain and maintain for the duration of the Agreement and any and all amendments, insurance or an equivalent through a pooled risk group mutually acceptable to the Participating Members against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services under this Agreement. (a) Coverages and Limits. Each Participating Agency, at its sole expense, shall maintain the types of coverages and minimum limits indicated below. (b) Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain ATTY/AGR/2011.049/SAN CARLOS FIRE 061611