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22
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2012
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061912
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6/13/2012 4:57:51 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/19/2012
DESTRUCT DATE
15Y
DOCUMENT NO
22
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10.2 Dispute Resolution <br /> 10.2.1 In the event that either party disputes any provision of this agreement pertaining <br /> to penalties greater than or equal to $25,000 or breach of contract, the parties shall <br /> meet and to attempt to resolve the dispute. Disputes not resolved at the City <br /> Manager and Fire Chief (or his/her designee) level may be escalated by giving <br /> written notice to the other party of the need to proceed with mediation. It is the <br /> Parties' intention to avoid the cost of litigation and to resolve any issues that may <br /> arise amicably if possible. <br /> 10.3.1. Within ten (10) calendar days from the date of notice, the parties shall mutually <br /> select one person who shall mediate the dispute. The parties should select a <br /> qualified professional with expertise in the subject matter of the dispute. If the <br /> parties are unable to mutually agree upon a mediator within fourteen (14) calendar <br /> days, the parties shall each designate one person as a mediator within twenty (20) <br /> calendar days following notice <br /> 10.3.2. These two designated mediators shall mutually select a third mediator (also a <br /> qualified professional with expertise in the subject of the dispute) within twenty <br /> (20) calendar days of the notice. The one selected mediator shall mediate the <br /> dispute. The mediation shall be completed within thirty (30) calendar days of the <br /> appointment of the mediator. The mediation shall be conducted in accordance <br /> with the discretion of the mediator. However, if the mediator is unable to resolve <br /> the dispute within thirty (30) calendar days, the mediator shall submit specific and <br /> written recommendations for full resolution of the dispute within ten (10) <br /> calendar days thereafter. <br /> 10.3.3. The written recommendations by the mediator shall be taken seriously by the <br /> parties within forty-five (45) calendar days of receipt of the written <br /> recommendations from the mediator, the governing bodies shall give the <br /> respective parties input for resolution of the dispute. After input from the <br /> governing bodies, the parties may continue to negotiate a resolution of the <br /> dispute. The fees and expenses of the one selected mediator shall be divided <br /> equally between the Parties. The above deadlines shall be enforced unless <br /> extensions are mutually agreed upon or granted to either party by the mediator for <br /> good cause shown. <br /> 10.5 Termination <br /> If mutual consent is deemed not possible by either party, this Agreement may be <br /> terminated early by twelve months advance written notice to the ACFD from the CITY. <br /> 10.6 Termination for Cause <br /> If either party fails to cure any material breach, following notice and opportunity to cure, <br /> either party, upon written notice to the other, may terminate this Agreement for cause. <br /> The termination shall be effective not less than 90 days from the date of the notice or <br /> such longer time as determined by the CITY. <br />
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