07-12-2006 Council Agenda - Laserfiche WebLink

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January 1 to December 31, shall give a complete written report of all financial activities for such fiscal year to the parties. C. Counterparts. This AGREEMENT may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. D. Severabilitv. The provisions of this AGREEMENT are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of the AGREEMENT is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this AGREEMENT. E. Entire Agreement. This AGREEMENT constitutes the entire agreement between the parties and supersedes all prior written or oral agreements relating to the TASK FORCE. F. Alternative Dispute Resolution. In the event of a dispute arising under this AGREEMENT, the parties and the TASK FORCE agree to attempt to resolve their dispute by following the process described below: (1) A party shall provide written notice to the TASK FORCE describing perceived conflict, positions, and underlying reasons. (2) The TASK FORCE or member shall provide written response to notice within seven (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. Costs of such facilitator shall be shared equally by all parties to the dispute. (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 principles: (i) the parties will attempt in good faith to reach a negotiated settlement; (ii) the parties agree that there must be fair representation of the parties directly involved in the dispute; (iii) the parties will use legal proceedings as a last resort; and Page 10 of 27 - 1 3 -