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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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Orono agrees to provide the Contract Cities with reasonably detailed information relating to <br /> its estimated expenditures and its actual expenditures so as to adequately inform them of the <br /> basis for the calculation of billings made by Orono. Under the provisions of this contract, <br /> Orono agrees to make its records available to the Contract Cities for inspection far the <br /> purpose of determining the basis for the calculations by Orono under the provisions of this <br /> section. <br /> 17. Arbitration. If the Contracting City is aggrieved by the determination of the City of Orono as <br /> to the allocation of the actual costs of the prior year's service, the Contracting City may <br /> appeal said determination within 30 days after receipt of the City of Orono's audit. Said <br /> appeal shall be in writing and shall be addressed to the City of Orono asking for arbitration <br /> by a board of arbitration. The Board of Arbitration shall consist of three persons; one to be <br /> appointed by the City of Orono, one to be appointed by the appealing Contracting City,and <br /> the third to be appointed by the two so selected. The name of each arbitrator shall be <br /> submitted in writing to the other party. In the event that the two arbitrators so selected do not <br /> appoint the third arbitrator within 15 days after receipt of written notice of appointment of <br /> either of the first two arbitrators, the Chief Judge of the District Court of Hennepin County <br /> shall have jurisdiction to appoint, upon application of either the City of Orono or the <br /> appealing Contracting City, the third arbitrator to the Board. The third arbitrator selected <br /> shall not be a resident of either Contracting City, and shall be a city manager or <br /> administrator. The arbitrators' expenses and fees, together with the other expenses, not <br /> including counsel fees, incurred in the conduct of the arbitration, shall be divided equally <br /> between the parties to the arbitration. Arbitration shall be conducted in accordance with the <br /> Uniform Arbitration Act, Chapter 572 of the Minnesota Statutes, and any decision shall be <br /> rendered within 60 days of appointment of the third arbitrator. Said arbitration shall be <br /> binding on both parties. <br /> 18. Annual Audit of Actual Costs. The Contract Cities understand and agree that it is impossible <br /> to project with complete accuracy the actual costs for labor and equipment as well as the <br /> service to be required by each Contracting City for the forthcoming contract year,and there- <br /> fore,agree to a yearly audit to adjust the prior year's estimated police service cost as set forth <br /> above to the actual police service cost based upon the actual costs for that contract year. On <br /> or before April 1 of each year, the City of Orono will tabulate the actual cost of providing <br /> law enforcement services for the prior contract year and will submit to the Contract Cities a <br /> summary of said costs. The actual costs set forth for the prior contract year may result in <br /> either a credit or a debit applied to the estimated police service costs char;ed to the Contract <br /> Cities. If a Contract City is still participating in this agreement, and if a credit, one-half of <br /> the credit shall be deducted in each of the third and fourth quarters from the estimated police <br /> service cost payments required of the Contract City for the current year of service; and if a <br /> debit, the Contract City shall pay the additional sum to the City of Orono together with the <br /> estimated contract charge for the current year by adding one half of the debit to both the third <br /> and fourth quarter payments. The allocation of the credit or debit shall be made pursuant to <br /> the same formula set forth above. If a Contract City is not still participating in this <br /> Page 8 <br />
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