AgdaPkt 2012-05-21 - Laserfiche WebLink

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6.1. D. - Page 6 4. Insurance. Each Parry shall be responsible to provide, in its own discretion, at its sole expense, sufficient insurance for its personnel and entity. 5. Worker's Com�ensation. Each Party shall provide, at its sole expense, the required worker's compensation insurance coverage necessary for its own employees. It is recognized that at such times as one Party provides aid to another Party pursuant to the terms of this Agreement, the employees of the Responding Parry may claim to have become special employees on a temporary basis, of the Jurisdictional Party. Should any such claim result in any worlcer's compensation claim being asserted, it is hereby agreed that each such claim shall be the responsibility and liability of the Responding Parry as general employer to process, defend, and pay, if necessary. The Responding Party agrees to assume such responsibiliry as to its own employees and to hold the Jurisdictional Parry harmless as to such claims only when the Jurisdictional Party is a special employer 6. Liabilitv, Mutual Indemnification. No debt, liabiliry, or obligation of one Party shall be the debt, obligation, or liability of another Party. Further, each Party shall be responsible for its own acts and/or omissions. To that end, each Party expressly agrees to indemnify, defend, and hold harmless the other Parties from all costs, expenses, claims, liabilities, or damages, including attorneys' fees and costs of defense, to persons or property arising out of or in any way connected with each Parry's own acts and/or omissions in response automatic aid under this Agreement. The obligations created by this Section shall survive the expiration or termination of this Agreement as to activities occurring or being carried out during the term of this Agreement in the performance of this Agreement. 7. Ec�uipment and Resources. The equipment and resources designated in the adopted San Francisco Bay Area Region Maritime Emergency Operational Plan shall be the equipment and resources that a Party shall provide to an automatic aid response. In the absence of designated equipment and resources, each Party shall provide, in its discretion, the equipment and resources it deems appropriate in any automatic aid response. 8. Resource Exemption. The San Francisco Fire Department operated Fire Boats are exempt from this agreement. These resources are restricted to the Port of San Francisco and can only be made available for mutual aid through direct requests to the San Francisco Fire Department. 9. Coordination at Maritime Incident The command at an automatic aid response shall be the responsibility of the Party having primary jurisdiction, in coordination with the San Francisco Bay Area Marine Firefighting Task Force and subject to the jurisdictional authorities established by federal law and regulation and assigned to the USCG Captain of the Port for overall coordination, and be consistent with NIMS, SEMS and California "Fire Scope ICS". ATTY/AGR/2011.136/ SF BAY MARITIME AUTOMATIC AID AGREEMENT REV:12/07/11 3 of 6