5.5. SR 08-14-2000 - Laserfiche WebLink

Home Browse Search

laws, regulations, rules, and standard government accounting practices and procedures. 7.6 Under Minnesota Statutes section 16C.05, subd. 5, each party's books, records, documents and accounting procedures and practices relevant to this agreement are subject to examination by the Mn/DOT Auditor, State Auditor and Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. Mn/DOT will maintain records of its Program Costs and the application of Management Fees to such costs, and will provide NCDA an annual accounting upon request. 8. Dispute Resolution 8.1 If any dispute arises concerning a topic covered by this agreement, the parties will use their best efforts to resolve the dispute in as informal and cost-effective a manner as possible. Before proceeding to the dispute resolution process outlined in Article 8.2, the parties will meet and will use their best efforts to resolve the dispute. If discussion between the parties does not result in a mutually acceptable solution, the parties may use the procedure outlined in Article 8.2. 8.2 If a dispute arises concerning the interpretation or application of the guidance, requirements or specifications contained in the System Plan, or a dispute arises concerning NCDA's financial obligation to Mn/DOT under Article 7 of this agreement, the parties may resolve the dispute as follows: A. If the dispute involves interpretation or application of the system plan to any aspects of planning, developing, constructing, operating or maintaining commuter rail, including system planning, advanced corridor planning, preliminary engineering, final design, construction, negotiating with railroads or developing financial and operational plans, then: 1. A party must provide notice to the other party identifying the dispute, its position relative thereto and the reasoning for that position. 2. The party receiving the notice will provide a written response no later than 21 days after receipt of the notice. 3. No later than 14 days after receipt of the response, the parties will meet with a neutral facilitator, who will be appointed by Commissioner of Transportation or his designee, and approved by NCDA. The neutral facilitator may be any person mutually agreed upon by the parties and may be a State of Minnesota employee, employed by an agency other than Mn/DOT. The parties will, with the assistance of the neutral facilitator, seek a mutually satisfactory solution. The parties to the dispute will pay equal shares of the Neutral Facilitator's costs. 4. If the parties are unable to resolve their differences, the neutral facilitator will declare an impasse. 5. No later than 14 days after a declaration of impasse, the parties will meet with the Commissioner of Transportation, or his designee. Each party will have an equal opportunity to present its position. After the parties have