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02-09-2010 Council Work Session Packet
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02-09-2010 Council Work Session Packet
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costs will require Orono to debit each Contract City with its pro rata share of the <br /> increased costs. <br /> Where a credit is due to a participating Contract City, it shall be applied as a credit <br /> against the monthly payment due from such Contract City divided equally among the <br /> final six months of the Contract Year. Where a debit is due to a participating Contract <br /> City, it shall be applied as a debit to the monthly payment due from such Contract City <br /> divided equally among the final six months of the contract year. <br /> In the event a current Contract City is no longer participating in this Agreement when a <br /> debit or a credit is to be applied as set forth in this section, such debit or credit shall be <br /> paid in cash in six monthly installments on the contract payment anniversary dates as <br /> stated in this section. <br /> 21. Extraordinary Capital and Personnel Costs. In the event unbudgeted capital costs or <br /> an unbudgeted increase in the current sworn officer force becomes necessary or desirable <br /> during a Contract Year, Orono shall notify each Contract City in writing of its pro rata <br /> share of such unbudgeted costs prior to the expenditure thereof. Contract Cities shall <br /> approve or disapprove of such unbudgeted expenditures within thirty days and notify <br /> Orono in writing by United States Mail within ten days thereafter. In the event of <br /> approval, a Contract City's pro rata share of such costs shall be applied as a debit in ec�ual <br /> monthly installments over the next twelve monthly contract payments due under this <br /> Agreement. In the event of disapproval of the unbudg�eted costs by a Contract City, no <br /> increase or debit to such Contract City's obligations under this Contract shall be made, <br /> nor shall Orono include such costs in the budget projections for the remaining years of <br /> the current Three-Year Budget Projection. <br /> 22. Proceeds from Statutory Forfeitures. If a vehicle or other property is forfeited through <br /> a police action in a Contract City, and the type of forfeiture requires the attorney for a <br /> Contract City to handle the legal work involved in following through on the forfeiture, <br /> the Contract City shall retain the portion of the proceeds from the disposal of the forfeited <br /> vehicle or property as prescribed by law, for use subject to the provisions of Minnesota <br /> Statutes Section 169A.63, 609.5311, or other applicable law. <br /> 23. Liability and Indemnification. For purposes of the Minnesota Municipal Tort Liability <br /> Act (Minn. Stat. § 466.01 through 15), all municipal officers and employees providing <br /> law enforcement services pursuant to this Agreement are, or are hereby deemed to be <br /> employees (as defined in Minn. Stat. � 466.01 Subd. 6) of Orono. <br /> Orono agrees to defend and indemnify any Contract City against any claims brought or <br /> actions filed against such other Contract City, or any officer, employee or volunteer of <br /> any Contract City, (except for special Law Enforcement Service personnel described in <br /> Section 8 hereo� for injury to, death of, or damage to the property of, any third person or <br /> persons, arising from the furnishing of law enforcement services, or the performance <br /> Page 8 <br />
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