The city of Cincinnati shall have the right to review the operating agreement at such
times as it deems appropriate. If, as a result of such review, the city finds that
the trustees have adopted a policy or practice of denying care to the indigent and
medically indigent citizens of Hamilton County in situations where the trustees would
be required, pursuant to the provisions of Section 204-15 to provide such care, then the city of Cincinnati may, at its option, (1) institute
appropriate legal action to compel performance of such obligation or (2) serve upon
the trustees a notice of the city's intent to terminate this operating agreement.
Upon receipt of such notice, the trustees may, at their option, (1) cure, to the satisfaction
of the city, within 60 days from the receipt of such notice, such alleged failure
or (2) submit the of the city of Cincinnati and a statement of the trustees' position
to binding arbitration in accordance with the rules and procedures of the American
Arbitration Association. If the finding of such arbitration proceeding is to the effect
that no such practice or policy has been carried on by the trustees, this operating
agreement shall continue to be in full force and effect. If the finding of such arbitration
proceeding is that such a policy and procedure has been effectuated by the trustees,
then this operating agreement shall terminate 60 days after notice of said finding
is given to the city of Cincinnati and to the trustees unless the arbitrators make
recommendations, which if mutually acceptable by the city of Cincinnati and the trustees,
shall be incorporated into the agreement by amendment.
(C.M.C. 204-19; ordained by Ord. No. 273-1978, eff. July 3, 1978)
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