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Agmt 2013 California State Association of Counties Excess Insurance Authority CSAC-EIA
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Agmt 2013 California State Association of Counties Excess Insurance Authority CSAC-EIA
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1/13/2014 11:20:12 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
11/18/2013
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Reso 2013-148
(Approved by)
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\City Clerk\City Council\Resolutions\2013
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JPA, CSAC-EIA Amended: February 28, 2006 <br /> ARTICLE 30 <br /> EFFECTIVE DATE OF AMENDMENTS <br /> Any amendment of this Agreement shall become effective upon the date specified by the Board <br /> and upon approval of any Amended Agreement as required in Article 27. Approval of any amendment by <br /> the voting boards of supervisors and public entity board member's must take place no later than 30 days <br /> from the effective date specified by the Board. <br /> ARTICLE 31 <br /> DISPUTE RESOLUTION <br /> When a dispute arises between the Authority and a member, the following procedures are to be <br /> followed: <br /> (a) Request for Reconsideration. The member will make a written request to the Authority <br /> for the appropriate Committee to reconsider their position, citing the arguments in favor of the member <br /> and any applicable case law that applies. The member can also, request a personal presentation to that <br /> Committee, if it so desires. <br /> (b) Committee Appeal. The committee responsible for the program or having jurisdiction <br /> over the decision in question will review the matter and reconsider the Authority's position. This <br /> committee appeal process is an opportunity for both sides to discuss and substantiate their positions <br /> based upon legal arguments and the most complete information available. If the member requesting <br /> reconsideration is represented on the committee having jurisdiction, that committee member shall be <br /> deemed to have a conflict and shall be excluded from any vote. <br /> (c) Executive Committee Appeal. If the member is not satisfied with the outcome of the <br /> committee appeal, the matter will be brought to the Executive Committee for reconsideration upon <br /> request of the member. If the member requesting reconsideration is represented on the Executive <br /> Committee, that Executive Committee member shall be deemed to have a conflict and shall be excluded <br /> from any vote. <br /> (d) Arbitration. If the member is not satisfied with the outcome of the Executive Committee <br /> appeal, the next step in the appeal process is arbitration. The arbitration, whether binding or non-binding, <br /> is to be mutually agreed upon by the parties. The matter will be submitted to a mutually agreed arbitrator <br /> or panel of arbitrators for a determination. If Binding Arbitration is selected, then of course the decision of <br /> the arbitrator is final. Both sides agree to abide by the decision of the arbitrator. The cost of arbitration <br /> will be shared equally by the involved member and the Authority. <br /> (e) Litigation. If, after following the dispute resolution procedure paragraphs a-d, either party <br /> is not satisfied with the outcome of the non-binding arbitration process, either party may consider litigation <br /> as a possible remedy to the dispute. <br /> Page 19 of 21 <br />
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