07-24-2017 Council Packet - Laserfiche WebLink

Home Browse Search

received related to violations which occur within the Spring Park City limits shall be remitted to Spring Park. All board of prisoner fees related to violations within Spring Park City limits shall be paid by Spring Park. P.O.S.T. board reimbursements and drug forfeiture funds will be retained by Orono 12. Dispute Resolution and Arbitration. In the event that a dispute arises under this Agreement, the following procedures shall be followed in an attempt to resolve the dispute prior to the parties commencing arbitration. A. Dispute Resolution Procedure Step 1. Disputes related to services being provided under this Contract shall be first brought to the immediate attention of the Orono City Administrator for resolution. Step 2. If the dispute remains unresolved after the proceeding through Step 1, it shall be brought before the Orono and Spring Park Joint Police Commission for resolution. Step 3. If the dispute remains unresolved after proceeding through Step 2, it shall be brought before the city councils of both cities in a joint city council meeting for resolution. B. Arbitration If the dispute remains unresolved after proceeding through all of the above steps, either party may submit the dispute to binding arbitration. The parties shall select an arbitrator that is mutually agreed upon by both parties. If the parties are unable to agree upon an arbitrator, they shall each select an arbitrator for a panel and the two arbitrators selected shall select the third arbitrator. Arbitration shall he completed no later than sixty days from the date that the dispute is submitted to arbitration. The arbitrators' expenses and fees, together with the other expenses. not including legal counsel, accounting or consultant fees, incurred in the conduct of the arbitration, shall be divided equally between the parties to the arbitration. Each party to the arbitration will pay its own attorney, accountant or consultant fees. The arbitrator(s) shall not be empowered to terminate this Contract under any circumstances. 15. Hold Harmless and Indemnification. Orono shall maintain general liability insurance for its services and shall include Spring Parkas an additional insured for the term of this Contract and any extensions thereof. Orono shall provide Spring Park proof of such insurance_coverages and the additional insured endorsement naming Spring Park upon request. Orono agrees to defend and indemnify Spring Park against any claims brought or actions filed against Spring Park or any officer, employee, or volunteer of Spring Park for injury to, death of, or damage to the property of any third person or persons, arising from Orono's performance under this Contract. Under no circumstances, however, shall Orono be required to pay on behalf of itself and Spring Park, any amounts in excess of the limits on liability established in Minnesota Statutes Chapter 466, applicable to any one party. The limits of liability for Spring Park and Orono may not be added together to determine the maximum amount of liability for Orono. The intent of this subdivision is to impose on Orono a limited duty to defend and indemnify Spring Park for claims 192191v1