Resolution 7632 Shoreline Fire JPA

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(1) A Member may initiate Step 1 of the dispute resolution process by submitting to the Department and each Member a written statement outlining the dispute or disagreement and the specific Board decision at issue. This written statement of dispute shall be forwarded by the complaining Member to the Board at the Board's next scheduled meeting. By majority vote of its Voting Members, the Board may also elect, without obligation, to call for dispute resolution of any issue directly and primarily involving any of the subject inatters listed in paragraph 10.1(a)(2) above, and initiate Step 1 of the process. At Step 1, the Board is allowed a three (3) month period to resolve the dispute. If the dispute is not resolved within the three (3) month period, the dispute shall proceed to Step 2. (2) At Step 2, the Board must refer the dispute for mediation and binding arbitration. In the event of a dispute brought pursuant to Section 10.1(a)(1) above, the Department and the disputing Member(s) shall equally share the costs of mediation and arbitration and the disputing Member(s) remain responsible for their allocation of the Department's share. In the event of a dispute brought pursuant to Section 10.1(a)(2) above, the deadlocked Members shall equally share the costs of mediation and arbitration. The reviewing arbitrator shall have authority to determine whether a Member or Members is/are in Default of this Agreement. 10.2 Other Disputes. For all other disputes arising out of this Agreement, the Members agree to meet and confer and submit to non -binding mediation upon a decision to bring any legal action. This mediation requirement shall not prohibit the filing of a claim, but shall obligate the parties involved to seek resolution through this process as a part of any claim filed. Notwithstanding the foregoing, the Members agree that mediation shall not be required prior to prosecution of a claim if the delay is likely to increase the risk of imminent harm to a Member, Contracting City, or the public. Should any Member prevail in a cause of action, brought before a court of competent jurisdiction, against another Member for breach of this Agreement, that prevailing Member shall be entitled to recover all costs incurred in the prosecution of that enforcement action, including without limitation reasonable attorneys' fees. To the extent any inconsistencies exist between this Section 10.2 "Other Disputes" and the provisions of Section 10.1 "Dispute Resolution Process; Select Subject Matters", the provisions of Section 10.2 shall prevail and control. 10.3 No Waiver. An election by or failure of the Department or any Member thereof to enforce any provision of this Agreement shall not act as a waiver or release of the right to enforce any provision in this Agreement thereafter. SECTION 11 ADDITIONAL MEMBERS 11.1 Process. Any governmental unit may be added as a Member, with the approval by a majority vote of the Board and after adoption of a resolution by the new Member's governing body. 235703v20