Agmt05 BFI Waste Systems - Laserfiche WebLink

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1 2 If the Manager orders a Complaint to be heard by the Agency 3 Council/Board subcommittee pursuant to this Section, the Clerk of the Agency 4 Council/Board shall set the matter for hearing within thirty (30) days of the date of 5 such order, unless the time for hearing is extended by consent of Contractor. 6 7 At its hearing the Agency Council/Board subcommittee shall 8 consider the Complaint anew, irrespective of whether the hearing is on appeal by 9 Contractor or by order of the Manager. If a Complaint is based upon the manner or 10 quality of Contractor's service to service recipients or members of the public, the 11 hearing shall be a public hearing. If a Complaint is based upon a violation of the 12 standards and procedures implemented under this Agreement, the hearing may, but 13 shall not necessarily, be a public hearing, as the Manager shall determine. 14 15 Agency and/ or Contractor shall have the right to request that the 16 Complaint be referred to a fact-finding panel pursuant to Section 5.02.3.D. prior to 17 hearing and final determination by the Agency Council/Board subcommittee. The 18 findings of fact made by the panel shall be advisory only, and shall not be binding on 19 the Agency Council/Board subcommittee. 20 21 If, upon conclusion of the hearing and consideration of any 22 advisory findings of fact, the Agency Council/Board subcommittee determines that 23 Contractor has violated, or is in continuing violation of, any of its duties and 24 obligations, either express or implied, under this Agreement, the Agency 25 Council/Board may issue a Compliance ()rder, Termination ()rder for violations 26 described in Section 11.01 C, E, F, I, J or K, or Order for Payment of Compensatory 27 Damages, as it deems appropriate. The Agency Council/Board's decision shall be the 28 final administrative determination, and shall be supported by written findings. 29 30 D. Fact Finding. 31 32 1) Panel. A fact-finding panel shall be comprised of one 33 member, each, appointed by Contractor and Agency, respectively. The panel members 34 appointed aforesaid shall, in turn, appoint a third panel member who shall be the 35 Chairperson and preside over the proceeding conducted by the panel. 36 37 2) Procedure. The fact-finding panel shall review the 38 controversy between the parties pursuant to the provisions of I'art 3, Title 9 39 (" Arbitration") commencing with Section 1280 of the California Code of Civil 40 Procedure, as said provisions exist upon the date hereof or from time to time may be 41 amended, revised, or superseded, except to the extent that any provisions of this 42 Agreement conflict with the provisions of said Title 9. Notwithstanding the foregoing, 43 the fact-finding panel shall have authority only to receive evidence relating to the Attyj Agrj2005.022 060205 -31-