Laserfiche WebLink
each Party's records with respect to all matters covered by this Agreement. Such <br /> representatives shall be permitted to audit, examine and make excerpts or transcripts from <br /> such records, and to make audits of all agreements, invoices, materials, payrolls, and other <br /> matters covered by or related to this Agreement. <br /> If an audit is requested by Sound Transit or required by any applicable federal agency <br /> requirements, the City agrees to cooperate fully with Sound Transit's auditor and/or an <br /> independent auditor chosen and retained by Sound Transit for auditing costs incurred under <br /> this Agreement or with any audit required by the federal funding agency, if applicable. At the <br /> time of a federal audit, if required, the City shall provide documentation of all costs incurred. <br /> 9.2 Retention of Records <br /> Copies of the records shall be furnished to each Party upon request and shall be maintained in <br /> accordance with a work order accounting procedure prescribed by the State Auditor's Office. <br /> All documents, books, papers, accounting records, and other materials pertaining to this <br /> Agreement shall be retained by each Party for six years, except in the event of litigation or <br /> settlement of claims arising from the performance of this Agreement, in which case each Party <br /> agrees to maintain same until all such litigation, appeals, claims or exceptions are finally <br /> resolved. <br /> 10.0 DISPUTE RESOLUTION <br /> The Parties shall work collaboratively in accordance with the following steps to resolve <br /> disagreements arising from activities performed under this Agreement. Disagreements shall be <br /> resolved promptly and at the lowest level of authority. <br /> The Designated Representatives shall use their best efforts to resolve disputes and issues <br /> arising out of or related to this Agreement. Each Designated Representative shall notify the <br /> other in writing of any problem or dispute the Designated Representative believes needs formal <br /> resolution. This written notice shall include: <br /> a. A description of the issue to be resolved; <br /> b. A description of the difference between the Parties on the issue; and <br /> c. A summary of steps taken by Designated Representative to resolve the issue. <br /> The Designated Representatives shall meet within five (5) business days of receiving the <br /> written notice and attempt to resolve the dispute. In the event the Designated Representatives <br /> cannot resolve the dispute (and that dispute is not subject to some other formal appeal <br /> process), the Sound Transit Executive Director or his/her designee and the Mayor of the City or <br /> his/her designee shall meet within seven (7) business days of receiving notice from a <br /> Designated Representative and engage in good faith negotiations to resolve the dispute. <br /> In the event the Executive Director or his/her designee and the Mayor of the City or his/her <br /> designee are unable to resolve the dispute, the parties may submit the matter to a mutually <br /> agreed upon non-binding mediator. The Parties shall share equally in the cost of the mediator. <br /> The Parties agree that they shall have no right to seek relief under this Agreement in a court of <br /> law until and unless each of these procedural steps is exhausted. The preceding sentence <br /> shall not apply to the extent that any applicable statute of limitations will or may run during the <br /> time that may be required to exhaust the procedural steps set forth above; provided, however, <br /> the Parties agree that any lawsuit filed to prevent the running of a statue of limitations shall be <br /> 182 <br /> Everett Station Operations & Maintenance Agreement, January 2011 <br /> Pane 8 of 13 <br />