2018-06-11-minutes-public-works-study-session

Home Browse Search

VI. MUTUAL DEFENSE OF THIS MOA OR IMPLEMENTING ACTIONS In the event that this MOA or the County implementing actions are legally challenged on issues relating to this MOA, upon request of the County, CWU will seek to intervene in support of the MOA or other actions to the extent such actions are consistent with this agreement. In the event that this MOA or CWU actions implementing this MOA are legally challenged on issues relating to this MOA, upon request of CWU, the County will seek to intervene in support of the MOA or actions to the extent such actions are consistent with this agreement. VII. DISPUTE RESOLUTION A. Good Faith Commitment to Resolving Disputes — The Parties agree to devote such time, resources, and attention as needed to attempt to resolve disagreements concerning this MOA at the earliest time possible. In the event that any disagreement arises among the Parties concerning this Agreement, including disagreements regarding the meaning of, or any Party's compliance with, this MOA, the Parties shall first attempt to resolve such disagreements on an informal basis. B. Formal Dispute Resolution Process — In the case of any disagreement arising from the implementation of the MOA, the County or CWU may initiate the formal dispute resolution process after the Parties have attempted in good faith to resolve the disagreement informally. To initiate the formal dispute resolution process, a requesting Party shall provide written notice to the other Party that describes the issues in dispute. Upon receiving a notice of formal dispute, the Parties signatories or their designated representatives shall convene a meeting within 30 days to consider the dispute and may resolve any or all issues or refer any or all issues in dispute back to the originating individuals with specific instructions and a deadline for reporting back to the designated executives. or institute or any other alternative dispute resolution procedures it deems useful under the circumstances. If the Parties' signatories or designated representatives fail to resolve the dispute within the 30 days upon meeting convened to resolve the dispute, or a dispute is not resolved within the timeframe established by the designated executives, the dispute resolution process shall then be deemed completed and any Party may withdraw from this MOA. Unless a Party seeks to withdraw, upon completing the dispute resolution process, the designated executives shall prepare a joint statement of the remaining issues in dispute, which may also include a discussion of how to resolve such issues consistent with the MOA. VIII. RESERVATION OF AUTHORITY Nothing in this MOA affects any authority the County may have to continue to operate Bowers Field Airport according to current policy, practice and Kittitas County Code, or to enforce any contracts related to the same, or to enforce other appropriate requirements of state law and FAA regulations. Both Parties reserve all authority to themselves and grant none to the other by virtue of entering into this agreement.