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08/24/2015 <br /> 6.3.A. - Page 8 <br /> 11.4 Reimbursement and/or Reallocation.Where a trial verdict or ttrbitration award <br /> allocates or de�ermines the comparative fault of the Parties, those Parties may seek <br /> reimbursement aad/or reallocation of defense costs, settleanent payments,jnd8ments aud <br /> awards, consistent with such comparative faul� The Parti� elcpressly waive pro rata <br /> allocation off liability under Government Code Section 895.6. <br /> 12. No Waiver. This agreement shall in no way abmgate or waive any of the immunities <br /> avsilable undec Federal, State,and local law and regulations, including but not limitad to <br /> the California Emergency Services Act,Government Code sections 8655 et seq. <br /> 13. Records. When mutual aid is provided, the Requesting and Assisting Parties will keep <br /> account records of the personnel,ecluiPment,mileaSe,and materials provided as required <br /> by Federal and State law,the California Disaster Assistance Act,and FEMA guidelines to <br /> maximize the possibility of Federal and State disaster reimbursement. Each Party shall <br /> have access to aaother Parly's records for this purpose. <br /> 14. Effective Date. This agreement shall take effect immediately upon its elcecution and shall <br /> remain in effect until termu�ated. <br /> 15. Withdra.wal. Any Party may withdraw from tlus agreement,with ar without c,ause,upon <br /> delivery of one-hundred twenty (120) days prior written notice to the Operational Area <br /> Coordinator designate�in Paragraph 20 below. <br /> 16.Prior A�noements. To the extent that they are inconsistent with this agreement, all prior <br /> agneements for Public Worlcs Mutual Aid between the Parties are hereby null and void. <br /> This agreemettt expressly supersedes the June 14, 1994 "Public Works Mutual Aid <br /> Agreement"entered into by the County of San Mateo and the cities in San Matao County. <br /> This process does not preclude any routine or shared services for which the Parties may <br /> provide,may already have contracted,or may contract in the future. <br /> 17. Multiple Requests. Requests for public works mutual aid under this agreement when more <br /> than one city is impacted by an emergency will be channeled through the Operational Area <br /> Coordinator,whether or not that individual is activated as part of a Department Operations <br /> Center or as part of the San Mateo County Operational Area Emergency Operation Center, <br /> to ensure maximum effectiveness in allocating resources to the lughest priority needs. <br /> 18. Dispute Resolution. Any controvexsy or claam arising out of or relating to this Agreement, <br /> or the breach thereo� ahall be settled by arbitration in accordance with the rules of the <br /> American Arbitration Association and judgment on the award rendered by the arbitrator{s) <br /> may be entered in any court having jurisdiction theteof. <br /> County of San Mateo <br /> P�blic Works Mutval Aid Agreemeat <br /> 5 <br /> 5 RESO.15437 <br /> MUFF#304 <br />