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11-10-1997 Council Packet
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11-10-1997 Council Packet
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17. <br />18 <br />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 for the <br />purpose of determining the basis for the calculations by Orono under the provisions of this <br />section. <br />Arbitration. If the Contracting City is aggrieved by the determination of the City of Orono <br />as 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 tw'o 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 <br />not appoint the third arbitrator within 15 days after receipt of wntten notice of appointment <br />of 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 />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 <br />a 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 charged 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 />Page 8
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