Res 2025-063approving a Multi-Party Agreement for Automatic Aid in Fire Protection and Emergency Medical Services

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IS NOT INTENDED TO CREATE A THIRD-PARTY CAUSE OF ACTION OR WAIVE ANY IMMUNITIIES OR DEFENSES AVAILABLE TO THE PARTIES. 2.6. A Responding Party,whether one or more,shall not be reimbursed by the Receiving Party for costs incurred pursuant to this Agreement. It is understood and agreed that each Party has previously entered into the MAA to the extent of a conflict between this Agreement and the previous MAA, this Agreement shall govern. An employee of a Responding Party who is assigned, designated or ordered by the employee's Fire Chief to perform duties pursuant to this Agreement shall receive the same wage, salary,pension, and all other compensation and rights for the performance of such duties, including injury or death benefits, and Worker's Compensation benefits,as though the service had been rendered within the corporate limits or the authority having jurisdiction's district boundaries of Responding Party where the person is regularly employed. Moreover, all medical expenses, wage and disability payments, pension payments, damage to equipment and clothing, and expenses of travel, food, and lodging shall be paid by the Party with which the employee in question is regularly employed. 2.7. All equipment used by each Parry's fire department in carrying out this Agreement will, during the time response services are being performed, be owned by the Responding Party; and all personnel acting for each Patty's fire department under this Agreement will, during the time response services are required, be paid or volunteer employees of the Party where they are regularly employed. 2.8. At all times while equipment and employees of a Responding Party's fire department are traveling to, from, or within the incorporated limits or the authority having jurisdiction's district boundaries of the Receiving Patty in accordance with the terms of this Agreement, such personnel and equipment shall be deemed to be employed or used by the Responding Party. Further, such equipment and personnel shall be deemed to be engaged in a governmental function for the Responding Party. 2.9. In the event that any person performing duties subject to this Agreement shall be cited as a defendant party to any state or federal civil lawsuit arising out of the person's official acts while performing duties pursuant to the terms of the Agreement, such person shall be entitled to the same benefits that the person would be entitled to receive had such civil action arisen out of an official act within the course and scope of the person's duties as an employee or volunteer of the Party where the person is regularly employed and occurred within the jurisdiction of the Party where the person is regularly employed. The benefits described in this Subparagraph 2.9 shall be supplied by the Party with whom the person is regularly employed. However, in situations where the other Receiving Party may be liable, in whole or in pact,for the payment of damages,then the Receiving Party may intervene in such cause of action to protect its interests. 2.10. Each Patty shall have the right to terminate its participation in this Agreement by providing written notice to the other Parties not later than 90 days prior to the date of termination of such Party's participation. Page 3 of 7