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DRAFT <br />11-73-42-24 <br />selected do not appoint the third person within 15 days after their appointment, then the <br />Chief Judge of the District Court of Anoka County shall have jurisdiction to appoint, <br />upon application of either or both of the two earlier selected, the third person to the board <br />of arbitration. The third person selected shall not be a resident of any City and if <br />appointed by the Chief Judge said person shall be a registered professional engineer. The <br />arbitrators' expenses and fees, together with the other expenses, not including counsel <br />fees, incurred in the conduct of the arbitration shall be divided equally between the <br />Commission and the appealing Member. Arbitration shall be conducted in accordance <br />with the Uniform Arbitration Act, Minn. Stat., chap. 572B. Arbitration shall be non- <br />binding unless the Commission and the appealing Member agree to binding arbitration. If <br />the parties agree to binding arbitration the decision of the board of arbitration shall be <br />final and the parties to the arbitration will be deemed to have consented to and agreed <br />with the decision. If these parties do not agree to binding arbitration, any party that does <br />not agree with and consent to the decision of the board of arbitration must notify the <br />Board in writing within 30 days of receipt of the decision of the board of arbitration that <br />it does not consent to or agree with the decision. Failure to so notify the Board shall be <br />deemed consent to and agreement with the decision of the board of arbitration. Unless the <br />parties agree with the decision of the board of arbitration, capital improvements can only <br />be funded in accordance with Minn. Stat. § 103B.251, or secured from other sources. <br />8.18.3 Term. This Agreement shall be effective as of January 1, 2025 and shall remain in effect <br />until January 1, 2035, unless terminated earlier as provided herein. The Members may <br />agree to continue this Agreement as the preferred method for addressing their obligation <br />to address surface water issues under law. <br />8.28.4 Mediation. Except for appeals submitted to a board of arbitration as discussed above, the <br />Members agree that any controversy that cannot be resolved between Members shall be <br />submitted to mediation. Mediation shall be conducted by a mutually agreeable process <br />by all Members. If the Members are not able to mutually agree on a mediator, the party <br />and the Board shall each select a mediator and the two mediators shall select a third. <br />Each party to the mediation shall be responsible for the cost of the mediator it selected <br />and shall share equally in the costs of the mediation and of the third mediator. <br />S48.5 Data Practices. The Commission shall comply with the requirements of Minnesota <br />Statutes, chapter 13, the Minnesota Government Data Practices Act ("Act"). Any entity <br />with which the Commission contracts is required to comply with the Act as provided in <br />Minnesota Statutes, section 13.05. The contractor shall be required to notify the Board if <br />it receives a data request and to work with the Commission to respond to it. <br />&48.6 Amendments. The Board may recommend changes and amendments to this Agreement <br />to the governing bodies of the Members. No amendment is effective unless it is <br />Amendments shall be adopted by all governing bodies of the Members. Adopted <br />amendments shall be evidenced by appropriate resolutions or certified copies of meeting <br />minutes of the governing bodies of each party filed with the Board and shall, if no <br />effective date is contained in the amendment, become effective as of the date all such <br />filings have been completed. <br />22 <br />LW1O5-1-951303.vl <br />