R2004-126 ACCEPTING PROPOSAL - Laserfiche WebLink

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prescribed for third-party contracts, agreements and force-account work by the Illinois Department of Transportation (IDOT)manual for Public Transportation Capital Improvement Grants. All requests for concurrence shall be submitted to the City for approval. 12. RECORDS The Contractor shall maintain and retain all books, records, documents and other material which relate to the completion of this AGREEMENT, and shall undertake such accounting procedures and practices as may be deemed necessary to assure proper accounting of all advertising contracts and billings, and payments to the City. , These records shall be subject at all reasonable times of the normal business ' ' day to inspection, review, or audit by the authorized representative(s) of the City, the Illinois State ', Auditor, the U.S. Department of Transportation, or other governmental officials authorized by law ' to monitor this AGREEMENT, from the date of the AGREEMENT through and until the expiration of three (3) years after the completion of the AGREEMENT. 13. DISPUTES 13.1 Escalated Dispute Procedures: Except as expressly provided herein, if any dispute or controversy("Dispute") arises in connection with this AGREEMENT and is not resolved in the normal course of business, the parties will resolve the Dispute not by litigation or other judicial means,but through a Dispute Resolution Process consisting of a progression of the following: (a)negations at the senior executive level; (b)mediation; and (c)if the foregoing are unsuccessful,binding arbitration. ' 13.2 Initiation: In the event of any Dispute, either party may initiate the Dispute Resolution , Process by delivering written notice thereof to the other party. Thereafter, the parties will use their best efforts to mutually develop and agree upon the speci�ic procedures and guidelines that will govern the Dispute Resolution Process. Except as otherwise agreed by the parties, any mediation or arbitration proceedings shall be conducted in accordance with the applicable rules of the Center for Public Resources ("CPR"), as then in effect. If the parties are unable to agree upon the applicable procedures and guidelines within forty-five (45) days after initiation of the Dispute Resolution Process, the CPR rules alone will govern. Any mediation or arbitration conducted pursuant to the terms of this AGREEMENT shall be held in Decatur, Illinois, or such other place as the parties may mutually agree. 13.3 Other Relief: Nothing herein shall prohibit either party from seeking a ternporary restraining order,preliminary injunction or other provisional relief if, in its judgment, such action is necessary to avoid irreparable damage or to preserve the status quo; or from bringing and pursuing legal action to specifically enforce the provisions of this Section or to recover any unpaid amounts due hereunder. - 10 -