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8H Consent 2021 1213
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8H Consent 2021 1213
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12/10/2021 10:31:09 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
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12/13/2021
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<br /> <br />2 <br /> <br />Costs to the CA Subdivision Fund under this Agreement may be made before the <br />First Claims Date. <br /> <br />ii. A Plaintiff Subdivision that wishes to be reimbursed from the CA Subdivision Fund <br />must submit a claim to the Special Master no later than forty-five (45) days after the <br />First Claims Date. The Special Master will then compile and redistribute the <br />aggregated claim totals for each Plaintiff Subdivision via email to representatives of <br />all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each <br />attorney or staff member included in the claim, the following information: name, <br />title, total hours claimed, hourly rate (including, if sought, benefits and share of <br />overhead), and narrative summarizing the general nature of the work performed by <br />the attorney or staff member. For reimbursement of “hard” costs, the subdivision <br />may aggregate across a category (e.g., total for travel costs). It is the intention of the <br />Plaintiff Subdivisions that submission of documents related to reimbursement of <br />Costs does not waive any attorney-client privilege or exemptions to the California <br />Public Records Act. <br /> <br />iii. The Special Master may request, at his or her sole option, additional documents or <br />details to assist in the final award of Costs. <br /> <br />iv. The Special Master will review claims for reasonableness and will notify each <br />Plaintiff Subdivision of the final determination of its claim, and will provide a list of <br />all final awards to all Plaintiff Subdivisions by email or, upon request, via First <br />Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider <br />any final award within twenty-one (21) days. The Special Master will make a final <br />determination on any such reconsideration request within thirty (30) days of receipt. <br /> <br />v. Any decision of the Special Master is final and binding, and will be considered <br />under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. <br />as a final arbitration award. Nothing in this agreement is intended to expand the <br />scope of judicial review of the final award for errors of fact or law, and the Parties <br />agree that they may only seek to vacate the award if clear and convincing evidence <br />demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, <br />subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final <br />awards are made, together with any final determination of a request for <br />reconsideration, to seek review in the Superior Court of California, pursuant to Code <br />of Civil Procedure, section 1285, where the State has filed its Consent Judgment. <br /> <br />vi. The Special Master will prepare a report of Costs that includes his or her fees and <br />expenses at least ninety (90) days before the Payment Date for each Annual <br />Payment. The Special Master’s preparation of a report of Costs does not discharge a <br />Plaintiff Subdivision’s reporting requirement under Section V.B.2 of the Distributor <br />Agreement. <br /> <br />vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating <br />Subdivision, will submit to the Settlement Fund Administrator and the Distributors a <br />311
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