Laserfiche WebLink
non-breaching City has suffered damages directly related to the breach, the arbitrators <br /> may award damages to be paid by the breaching city, to the city suffering damages. <br /> Third, this agreement may be terminated by any Contract City by mutual agreement with <br /> Orono. <br /> 26. Arbitration. If a Contract City is aggrieved by the determination of Orono as to the <br /> allocation of the actual costs of the immediately preceding Contract Year, the Contract <br /> City may appeal said determination within 30 days after receipt of Orono's audit. Said <br /> appeal shall be in writing, shall specify the basis for the appeal, and shall be addressed to <br /> Orono asking for arbitration by a board of arbitration. The Board of Arbitration shall <br /> consist of three persons; one to be appointed by Orono, one to be appointed by the <br /> appealing Contract City, and the third to be appointed by the two so selected. The name <br /> of each arbitrator shall be submitted in writing to the other party. In the event that the <br /> two arbitrators do not appoint the third arbitrator within 15 days after receipt of written <br /> notice of appointment of both of the first two arbitrators, the Chief Judge of the District <br /> Court of Hennepin County shall have jurisdiction to appoint, upon application of either <br /> Orono or the appealing Contract City, the third arbitrator to the Board. The third <br /> arbitrator selected shall not be a resident of either Contract City, and shall be a current or <br /> former city manager or administrator. The arbitrators' expenses and fees, together with <br /> the other expenses, not including legal counsel, accounting or consultant fees, incurred in <br /> the conduct of the arbitration, shall be divided equally between the parties to the <br /> arbitration. Each party to the arbitration will pay its own attorney, accountant or <br /> consultant fees. The decision shall be rendered within 60 days of appointment of the third <br /> arbitrator. Except as described above in this section, the arbitration shall be conducted in <br /> accordance with the Uniform Arbitration Act, §§ 572.08 through 572.30 of Minnesota <br /> Statutes. Said arbitration shall be binding on both parties but subject to rights of <br /> modification and appeal as described in the statute cited in this section. <br /> CITY OF ORONO LONG LAKE <br /> James M. White, Mayor Randy Gilbert, Mayor <br /> Ronald J. Olson, Acting City Administrator Terrance Post, Interim City Administrator <br /> Page 10 <br />