Reso 2011-1787 - Laserfiche WebLink

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SERIAL 11019-RFP shall reimburse Maricopa County for the services not so adequately supported and documented, 6.18 AUDIT DISALLOWA..NCES: 6,18,1 If at any time, County determines tllat a cost for which payment has been made is a disallowed cost, such as overpayment, County shall notify tlle Contractor in writing of the disallowance. County shall also state the means of correction, which may be but shall not be limited to adjustment of any future claim submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed amount by the Contractor. 6.19 ALTERNATIVE DISPUTE RESOLUTION: 6,19,1 After the exhaustion of the administrative remedies provided in the Maricopa County Procurement Code, any contract dispute in this matter is subject lo compulsory arbitration. Provided tlle parties participate in the arbitration in good faitll, such arbitration is not binding and Ole parties are entitled to pursue the matter in slate or federal court sitting in M31icopa County for a de novo determination on the law ,Uld facts, If the parties cannot agree on an arbitrator, each party will designate an arbitrator and those two arbitrators will agree on a third arbitrator, The three arbitrators will then serve as a panel to consider the arbitration. The parties will be equaIly responsible for the compensation for the arbitrator(s). The hearing, evidence, and procedure will be in accordance with Rule 74 of the Arizona Rules of Civil Procedure. Within ten (IO) days of the completion of the hearing tlle arbitrator(s) shall: 6,19.1.1 Render a decision; 6,19.1,2 Notify the parties that the exhibits are available for retrieval; and 6,19.1,3 Notif)' the parties of the decision in writing (a letter to the parties or their counsel shall suffIce). 6.19.2 Within ten (10) days of the notice of decision, eitJler party may submit to the arbitralor(s) a proposed form of award or other fmal disposition, including any form of award for attorneys' fees and costs. Within five (5) days of receipt of the foregoing, the opposing party may file objections, Within ten (lO) days of receipt of any objections, the arbitr3tor(s) shall pass upon the objections and prepare a signed award or otheronaI disposition and mail copies to all parties or their counsel. 6.19,3 Any party which has appeared and participated in good faith in the arbitration proceedings may appeal from the award or other final disposition by filing an action in the state or federal court sitting in Maricopa County within twenty (20) days after date of the award or other final disposition. Unless such action is dismissed for failure to prosecute, such action will make the award or other final disposition of the arbitrator(s) a nullity. 6,20 SEVERABILITY: The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract.