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2014-12-10 CC Packet
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2014-12-10 CC Packet
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ARTICLE VIII <br /> Amendment <br /> This Agreement may be amended when the Members agree,by resolution of both the Fire Chief <br /> Directors and the Elected Official Directors. Notice of any proposed amendment shall be <br /> provided to all participating Members at least thirty(30) days prior to the effective date of the <br /> proposed amendment. <br /> ARTICLE IX <br /> Liability and Insurance <br /> 9.1 Insurance. <br /> ACFPC is a separate and distinct public entity. As such,ACFPC shall purchase and maintain <br /> adequate insurance to protect the entity and its participant Members against risk of loss for the <br /> following,which includes, but is not limited to: <br /> (1) Damage to any ACFPC property, personal and/or real, as well as any improvements <br /> located thereon against claims that may arise during the construction, operation, use, or <br /> maintenance of any ACFPC property; <br /> (2) Against claims which may arise from the regular activities of ACFPC as contemplated by <br /> the purposes of this Agreement; <br /> (3) Against unemployment and workers compensation, if ACFPC hires employees; <br /> (4) Against claims which may arise based on the good-faith actions of the Joint Powers <br /> Board and its Officers; <br /> (5) Against any other risk of loss that, in the judgment of the Members, will best promote the <br /> purposes of ACFPC. <br /> 9.2 Liability. <br /> Each Member shall be responsible for its own acts and those of its elected officials,employees,agents, <br /> independent contractors and the results thereof, and shall not be responsible for the acts of any other <br /> Member, its elected officials, employees, agents, or independent contractors and the results thereof; <br /> except as otherwise provided in this Agreement. Claims, liabilities, obligations, losses, expenses <br /> (including insurance premiums as well as reasonable attorney and other professional fees),judgments <br /> and costs paid or incurred by ACFPC(which arise out of its performance or failure to perform its duties <br /> under this Agreement), to the extent not covered by insurance proceeds or a self-insurance risk pool, <br /> shall be included in the annual operating budget for the next calendar year. Amounts included in the <br /> 8 <br /> 58 <br />
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