Snohomish County 9/2/2016 (2) - Laserfiche WebLink

fulfilled according to this Agreement, subject to applicable City requirements. In particular, the County will grant by separate right of entry, in the County's usual and customary form, to City access to County property as necessary for completion of the Breach and Related Work in the Smith Island-City area. 7.2 County Access to City Property. The City agrees to provide the County with reasonable access to all properties and regions under their ownership in the Smith Island Project, including any adjacent or adjoining properties over which access is reasonably necessary, until such time as the County's services have been completed and responsibilities fulfilled according to this Agreement, subject to applicable County requirements. In particular, the City will grant by agreement in accordance with Section 2.10 access to City property as necessary for completion of the Breach and Related Work in the Smith Island-City area. The County will obtain a City ROW Use Permit, in the City's usual and customary form, for construction of the Dike Connection on 12th Street NE. Section 8. Dispute Resolution 8.1 Disputes that are not resolved at a working level shall be referred to senior management of each party by either Everett's Project Manager or Snohomish County's Project Manager. Within fifteen(15) days of such referral, each party shall designate one senior manager with authority to resolve the matter in dispute. Senior managers may jointly retain consulting engineers or other experts or facilitators to make recommendations to them,the costs for which shall be shared equally between the County and the City. However, either party may independently retain consultants or experts,provided that the retaining party is responsible for all such costs. 8.2 If the respective senior managers cannot reach agreement within thirty(30) days of receiving a referral, they may initiate either: (i) a fifteen(15) day cooling-off period, or(ii) voluntary non-binding mediation by a mutually agreed-upon mediator. The parties intend that any mediation process or any cooling-off period followed by further negotiations be completed within ninety(90) days of senior managers' receiving the referral. 8.3 If the parties choose to have the dispute mediated, a mediator shall be selected from a pool of mediators who have mediated disputes involving similar issues in the past and who devote a significant portion of their practice to handling mediations or arbitrations,with preference for those who would be available within ninety(90) days of senior management receiving the referral. If the parties cannot reach an agreement on the selection of the mediator within ten (10) days of senior management receiving the referral,,either party may apply to the Superior Court of Snohomish County to have the mediator appointed by a judge or commissioner of that court. INTERLOCAL AGREEMENT FOR IMPLEMENTATION OF THE SMITH ISLAND RESTORATION PROJECT PAGE 12