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AgdaPkt 2017-06-26 Closed and Joint SA PFA
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AgdaPkt 2017-06-26 Closed and Joint SA PFA
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Last modified
9/21/2017 12:53:14 PM
Creation date
6/22/2017 4:17:46 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
6/26/2017
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ATTY/RESO.0060/CC RESO AUTHORIZING ADOPTION OF SAN MATEO MUTUAL AID AGREEMENT EXHIBIT A REV: 06-15-17 RL Page 5 of 13 <br /> <br />11.4 Reimbursement and/or Reallocation. Where a trial verdict or arbitration award <br />allocates or determines the comparative fault of the Parties, those Parties may seek <br />reimbursement and/or reallocation of defense costs, settlement pa yments, judgments and <br />awards, consistent with such comparative fault . The Parties expressly waive pro rat a <br />allocation off liabilit y under Government Code Section 895.6. <br /> <br />12. No Waiver. This agreement shall in no way abrogate or waive any of the immunities <br />available under Federal, State, and local law and regulations, including but not limited to <br />the California Emergency Services Act, Government Code sections 8655 et seq. <br /> <br />13. Records. When mutual aid is provided, the Requesting and Assisting Parties will keep <br />account records of the personnel, equipment, mileage, and materials provided as required <br />by Federal and State law, the California Disaster Assistance Act, and FEMA guidelines to <br />maximize the possibilit y of Federal and State di saster reimbursement. Each Part y shall <br />have access to another Party’s records for this purpose. <br /> <br />14. Effective Date. This agreement shall take effect immediatel y upon its execution and shall <br />remain in effect until terminated. <br /> <br />15. Withdrawal. Any Party may withdraw from this agreement, with or without cause, upon <br />delivery of one-hundred twenty (120) da ys prior written notice to the Operational Area <br />Coordinator designated i n Paragraph 20 below. <br /> <br />16. Prior Agreements. To the extent that they are inconsistent with this agreement, all prior <br />agreements for Building Department Mutual Aid between the Parties are hereb y null and <br />void. This agreement expressly supersedes the J une 14, 1994 “Building Department Mutual <br />Aid Agreement ” entered into b y the Count y of San Mateo and the cities in San Mateo Count y. <br />This process does not preclude an y routine or shared services for which the Parties ma y <br />provide, may alread y have contracted, or ma y contract in the future. <br /> <br />17. Multiple Requests. Requests for building department mutual aid under this agreement when <br />more than one city is impacted by an emergenc y will be channeled through the Operational <br />Area Coordinator, whether or not that individual is activated as part of a Department <br />Operations Center or as part of the San Mateo Count y Operational Area Emergenc y <br />Operation Center, to ensure maximum effectiveness in allocating resources to the hi ghest <br />priorit y needs. <br /> <br />18. Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement, <br />or the breach thereof, shall be settled b y arbitration in accordance with the rules of the <br />American Arbitration Association and judgment on the award rendered b y the arbitrator(s) <br />may be entered in an y court having jurisdiction thereof. <br />6.3.A. - Page 8
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