Agenda - Council - 11/14/2006 - Laserfiche WebLink

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D. Commencement of Service: Laidlaw shall commence the Ramsey Coach Service no later than 5 weeks after receiving a notice that the NCDA has timely exercised its option for such service. V. BILLING AND PAYMENT A. Compensation: The City shall pay all of the NCDA's costs associated with the Ramsey Coach Service, including but not limited to all amounts payable to Laidlaw for holding the Ramsey Coach Service Option, operating the Ramsey Coach Service, and winding down and terminating the Ramsey Coach Service, as applicable. The City agrees that the NCDA shall exercise Option 1: Fuel Escalator as set forth in the Laidlaw Contract. In addition, the City shall pay to NCDA the sum of Eight Hundred Thirty-three dollars and 33/100ths ($833.33) per month for the services provided pursuant to Sections III.A. and III.C.3. of this Joint Powers Agreement. B. Revenue: All revenues and receipts received by the NCDA from the operations of the Ramsey Coach Service, such as farebox recovery, shall be separately accounted for and shall be deducted from the amounts payable by the City. C. Invoice and Payment: The NCDA shall submit a monthly invoice to the City for amounts payable hereunder and shall include a report as required by Section III.A.4 of this Joint Powers Agreement. Within seven (7) days after receipt of the NCDA's invoice and report, the City shall pay to the NCDA and Anoka County all uncontested amounts. VI. MISCELLANEOUS PROVISIONS A. Dispute Resolution. In the event of a dispute arising under the Joint Powers Agreement that cannot be resolved by mutual agreement of the parties, the parties agree to attempt to resolve their dispute by following the process described below: 1. A party shall provide written notice to the other party describing perceived conflict, positions and underlying reasons. 2. The party shall provide written response to notice within 7 days of receipt of notice. 3. The parties shall meet within 14 days of receipt of response with a neutral facilitator. The neutral facilitator will be a representative from the Minnesota Office of Dispute Resolution. 4. At the first meeting, the neutral facilitator will assist the parties in identifying the appropriate parties and participants in the dispute resolution process, their concerns, a meeting agenda and design for any subsequent meetings. The parties shall agree on a process for resolving the problem that would involve additional negotiations, mediation or arbitration. 5. In developing the process, the parties will be guided by the following principals: a) The parties will attempt in good faith to reach a negotiated settlement. b) The parties agree that there must be fair representation of the parties directly involved in the dispute. c) The parties will use legal proceedings as a last resort. 6. In the event the parties are unable to resolve the dispute, each party retains all rights, remedies or defenses it had prior to entering the process. 7. The parties shall resolve their dispute within 60 days of their first meeting. If they fail to do so, either party may commence legal proceedings. —261 —