R2025-217 G - Laserfiche WebLink

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A. Indgmnification-General Provisions. Each party shatl defend, protect, and hold harmless the otherparty from and against 3l| s[aims, suits, damages, andlor losses and expenses while perfiorming this agreement as provided by RCW 10.93.040. The following principies shali be applied in imple.menting the above: 1. It is the intent of the parties to provide services of the KCRTRT without the threat of being subject to liability to one another and to tuIiy cooperate m the delense or any claims or lawzuits arising out of or connected with KCRTRT actions that are brought against the members or their personnel. Z. Each party shall hold harmless, defend, and indemnify the other party and their staff members in any u.tioo involving KCRTRT activities arising from said agency's (or - their offrcer's) sole negiigence. In the rrr"ot of negligence of more than party, each party shall be responsible for its proportiooute share of damages and/or award attributable to the party. 3. In the event of negligence or other wrongfui acts asserted against more than one agency or officer in a lawsuit, any settlement or damages awarded shall be levied in proportion to the percentage of the fault attributable to each party either througb mutual agreement in a settlement or through litigation of the underlaying action' 4. payuent of punitive damages, if any, shall be the sole responsibility of the agency or agency's employee against whom a judgment is rendered. B. partv Not Involved in KCRTRT Response. In the event that an agency o-r its personnel ov"r. n, command, or any other aspect of the kCnfn1 response to an incident that gives rise to a claim or lawsuit, such agency shall not be required to share responsibility for the payment of the judgment, defense costs, sefflement, or award. C. Automobile Liabilify. It is the intent of the parties to accept sole responsibility forautomoul*@outoftheiroff1cer'stransportationtothesiteofacallout, rncluding while dflvlng an armored vehicle called to a KCRTRT activation. Automobile liability claims #sing after arrival at the scene of the call out will be resolved by the parties, with a good faith attempt to apportion costs and liability fairly and equitably amongst those involved. D.or Nothing herein shall require or be interpreted to require indemnification or sharing in the payment of any judgment against any KCRTRT personnel for intentionally wrongful or negligent conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any indMdual or agency. The legislative authority of the employing agencywill be the determinant of good faith conduct within the scope of emplolment as defined in RCtr/ 4,96.441. E. Collective Represenfation and Ilefense. Page 5 of9