8733-14 Interchange of Public Safety and Marine Police Patrols

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supervisor of the party(ies) from whom the assistance is requested. d. In any situation in which assistance is provided pursuant to this Agreement, the requesting party's officer in charge shall have operational control over any equipment and personnel provided by the responding party(ies). Personnel of the responding party(ies) may refuse any orders that are illegal or improper, or which would violate any rules maintained by the responding party. SECTION 3. REPORTING. Extraterritorial enforcement action taken by a member of any party shall be reported to the requesting agency. The officer in charge of the requesting agency shall make the final determination as to which agency will take enforcement action against the person suspected of committing a violation of state law or other law. SECTION 4. COSTS. Unless otherwise specified in Section 2(a), the parties agree that there shall be no reimbursement for the rendering of police services and there shall be no reimbursement for loss or damage to equipment or other property while engaged in the performance of the services to be provided under this Agreement. No charge shall be made for services rendered pursuant to the terms of this Agreement, it being understood that the mutual promises contained herein serve as adequate consideration. SECTION 5. LIABILITY. In no case shall any party requesting or rendering assistance under this Agreement be liable in damages to any other party hereto or to contractual obligees for any cause which in any way relates to or arises out of a request for assistance under this Agreement or any response thereto including, but not limited to, failure to answer any police call for assistance, lack of speed in answering any call, any inadequacy of equipment, negligent operation of equipment, the use of police equipment and/or personnel pursuant to this Agreement, or for Workers Compensation premium assessments or awards. Each party shall assume the cost of damage to or loss of its equipment or apparatus while operating under this Agreement and hereby waives the right to seek compensation from the other party or its employees for such damage or loss. The parties intend for the responding agency and their officers to enjoy the fullest privileges and immunities available to officers of the requesting agency pursuant to Chapter 2744 of the Ohio Revised Code. SECTION 6. INSURANCE. For so long as this Agreement is in effect, the parties shall maintain the following insurance: a. Insurance Provisions for Marine Patrol Services Rocky River, as the titled owner of the vessel, shall maintain Hull coverage or equivalent collision/comprehensive coverage with limits no less than the actual cash value of the vessel at the time of loss. The Park District shall be included as a loss payee on this policy. Rocky River shall maintain Protection and Indemnity Insurance, or equivalent general/watercraft liability coverage on the vessel insuring against claims for bodily injury (including death) and property damage with a limit of liability of not less than one million dollars ($1,000,000) per occurrence. The Park District and the City of Lakewood shall be included as an additional insured on this policy. Rocky River shall maintain Pollution/Spill liability insurance covering sudden and accidental discharge of any fuel, oil or lubricants into the surrounding water with a limit of liability of not less than one million dollars ($1,000,000) per occurrence. The Park District and the City of Lakewood shall be included as an additional insured on this policy. Cities and the Park District shall each maintain Law Enforcement Liability Insurance insuring against wrongful acts arising out of the performance of their respective law enforcement activities while operating and /or occupying Page 3 of 5