Common use of Cost and Payment Clause in Contracts

Cost and Payment. 1. The MUNICIPALITY agrees to pay the COUNTY the actual cost of providing all services covered by this Agreement. Actual cost shall mean the MUNICIPALITY'S pro rata share of the COUNTY'S total cost of providing patrol and police protection services as described in this Agreement to the MUNICIPALITIES with which the COUNTY has agreements for the current contract year, including, but not limited to the following: salaries of employees engaged in performing said services, including vacation and sick leave; mileage; uniforms; public employees retirement contributions; workers' compensation, automobile, general liability and police professional liability insurance costs or the cost of self-insurance; general overhead, including indirect expenses and supplies, radio unit expense, and health and welfare expense. The term "costs" as used herein shall not include items of expense attributable to services or facilities normally provided or available to all cities within the COUNTY as part of the COUNTY'S obligation to enforce state law. Computation of actual costs hereunder shall be made by the Xxxxxx County Finance Department based on information provided by the Sheriff. 2. During the term of this Agreement, the COUNTY shall annually submit a Budget Estimate for the following year of services to the MUNICIPALITY no later than August l of the current year. Said Budget Estimate will be for the limited purpose of better enabling the MUNICIPALITY to estimate its annual budget and tax levy. It is understood by the parties to this Agreement that said Budget Estimate shall in no way prevent the COUNTY from charging its actual costs. 3. If the MUNICIPALITY does not allocate the necessary funding for its proportionate share of the COUNTY'S Approved Budget to the MUNICIPALITIES for a given year, the MUNICIPALITY and the COUNTY must meet by January 31 of the budget year in question to review and reach agreement on modifications to service levels provided by the COUNTY that are consistent with the MUNICIPALITY'S budget and that recognize the impact of these service level changes to other MUNICIPALITIES that contract with the COUNTY for these services. 4. Unless the COUNTY and MUNICIPALITY have reached agreement pursuant to the prior paragraph for a change in the MUNICIPALITY'S contribution, the COUNTY shall xxxx the MUNICIPALITY on a monthly basis in advance in an amount equal to one- twelfth (1/12) of the Budget Estimate for services to the MUNICIPALITY. The MUNICIPALITY shall pay the COUNTY within 45 days of receipt of the monthly statement. At the close of the contract year, the COUNTY will reconcile the current year Budget Estimate and current year actual costs, shall provide a copy of the current year actual cost to the MUNICIPALITY, and shall either give a credit to the MUNICIPALITY or xxxx the MUNICIPALITY for additional costs in excess of the Budget Estimate.

Cost and Payment. 1The City shall be assessed the cost of the Police Services by calculating, on a per capita basis, its share of the direct and indirect costs and expenses for the Police Services described herein as set forth in the Town’s voter approved annual budget. The MUNICIPALITY City agrees to pay the COUNTY Town the actual assessed cost of providing all services covered by this Agreement. Actual cost shall mean the MUNICIPALITY'S pro rata share of the COUNTY'S total cost of providing patrol and police protection services as described in this Agreement to the MUNICIPALITIES with which the COUNTY has agreements for the current contract year, includingPolice Services described herein based upon the Town’s approved annual budget on a quarterly basis or on such other schedule as mutually agreed upon by the Parties. The direct costs shall include, but not be limited to to, the following: salaries and wages, benefits, equipment, supplies, worker’s compensation insurance, property & casualty insurance, liability insurance, training, vehicles, technology, communications; as well as costs associated with operating the police facility to include, but not be limited to, heat, electricity, water and sewer, and buildings and grounds. The City shall be assessed an additional 3.5% of employees engaged the direct costs to support indirect police related expenses. The intention is to support administration costs, human resources costs, Information Technology (IT) costs, finance costs and other mutually agreed upon costs related to the operations of the police department. The per capita basis shall be reassessed every ten years when new census data is released by the US Census Bureau. In year two and every year thereafter, no later than the Town’s billing for the second quarter of each fiscal year, the Town will reconcile the actual costs compared to the budgeted amount that the City was billed for, and a true up will be included in performing said servicesthe xxxx for under or over payments from the previous fiscal year. If an audit reveals a discrepancy in what was paid by the City and what actual costs should have been paid on a per capita basis, including vacation and sick leave; mileage; uniforms; public employees retirement contributions; workers' compensationthen the City shall be either credited any amount overpaid during the ensuing fiscal year, automobile, general liability and police professional liability insurance costs or the cost of self-insurance; general overhead, including indirect expenses and supplies, radio unit expense, and health and welfare expense. The term "costs" as used herein City shall not include items of expense attributable to services or facilities normally provided or available to all cities within make payment on any underpayment in the COUNTY next fiscal year as part of the COUNTY'S obligation its quarterly installments. The Town will make all reasonable efforts to enforce state lawstay within any approved budget. Computation of actual costs hereunder An anticipated fee for Police Services shall be made by the Xxxxxx County Finance Department based on information provided by the Sheriff. 2Town to the City in advance of any City budget meeting such that the City may include the costs of these services in its budget. During The Town shall provide the term City a detailed Police Services budget that, shall be in such form, and contain such level of this Agreementdetail, as is mutually agreed upon by the COUNTY Selectboard and the City Council, and at a minimum, shall annually submit a Budget Estimate include revenue and expenses for the following year of services Police Services to be provided. Upon request and with reasonable advance notice, a Town representative familiar with the MUNICIPALITY no later than August l of the current year. Said Budget Estimate proposed budget shall appear at any City Council meeting where there will be for the limited purpose of better enabling the MUNICIPALITY to estimate its annual budget and tax levy. It is understood by the parties to this Agreement that said Budget Estimate shall in no way prevent the COUNTY from charging its actual costs. 3. If the MUNICIPALITY does not allocate the necessary funding for its proportionate share of the COUNTY'S Approved Budget to the MUNICIPALITIES for a given year, the MUNICIPALITY and the COUNTY must meet by January 31 discussion of the budget year in question to review and reach agreement on modifications to service levels provided by the COUNTY that are answer any questions. The Town shall make expenditures consistent with the MUNICIPALITY'S Police Services budget as presented and that recognize approved. The Town will advise the impact City of these service level any material changes to other MUNICIPALITIES that contract with the COUNTY for these services. 4an approved budget. Unless the COUNTY and MUNICIPALITY have reached agreement pursuant to the prior paragraph for For purposes of this agreement, a material change shall be a change in the MUNICIPALITY'S contribution, the COUNTY shall xxxx the MUNICIPALITY on a monthly basis in advance in an amount equal to one- twelfth of more than ten percent (1/1210%) of the Budget Estimate for services to the MUNICIPALITYapproved budget. The MUNICIPALITY shall pay Municipalities recognize that a natural disaster (defined as a major, adverse, naturally occurring event such as a flood, wildfire, earthquake, hurricane or tornado) impacting the COUNTY within 45 days Municipalities may cause the Essex PD to exceed budgeted operating revenues. The Town agrees to apply for any possible State or Federal grant funding that may be available to cover budget overruns that arise out of receipt of the monthly statement. At the close of the contract year, the COUNTY will reconcile the current year Budget Estimate and current year actual costs, shall provide a copy of the current year actual cost to the MUNICIPALITY, and shall either give a credit to the MUNICIPALITY or xxxx the MUNICIPALITY for additional costs in excess of the Budget Estimatenatural disaster.

Cost and Payment. 1The City shall be assessed the cost of the Police Services by calculating, on a per capita basis, its share of the direct and indirect costs and expenses for the Police Services described herein as set forth in the Town’s voter approved annual budget. The MUNICIPALITY City agrees to pay the COUNTY Town the actual assessed cost of providing all services covered by this Agreement. Actual cost shall mean the MUNICIPALITY'S pro rata share of the COUNTY'S total cost of providing patrol and police protection services as described in this Agreement to the MUNICIPALITIES with which the COUNTY has agreements for the current contract year, includingPolice Services described herein based upon the Town’s approved annual budget on a quarterly basis or on such other schedule as mutually agreed upon by the Parties. The direct costs shall include, but not be limited to to, the following: salaries and wages, benefits, equipment, supplies, worker’s compensation insurance, property & casualty insurance, liability insurance, training, vehicles, technology, communications; as well as costs associated with operating the police facility to include, but not be limited to, heat, electricity, water and sewer, and buildings and grounds. The City shall be assessed an additional 3.5% of employees engaged the direct costs to support indirect police related expenses. The intention is to support administration costs, human resources costs, Information Technology (IT) costs, finance costs and other mutually agreed upon costs related to the operations of the police department. The per capita basis shall be reassessed every ten years when new census data is released by the US Census Bureau. In year two and every year thereafter, no later than the Town’s billing for the second quarter of each fiscal year, the Town will reconcile the actual costs compared to the budgeted amount that the City was billed for, and a true up will be included in performing said servicesthe bill for under or over payments from the previous fiscal year. If an audit reveals a discrepancy in what was paid by the City and what actual costs should have been paid on a per capita basis, including vacation and sick leave; mileage; uniforms; public employees retirement contributions; workers' compensationthen the City shall be either credited any amount overpaid during the ensuing fiscal year, automobile, general liability and police professional liability insurance costs or the cost of self-insurance; general overhead, including indirect expenses and supplies, radio unit expense, and health and welfare expense. The term "costs" as used herein City shall not include items of expense attributable to services or facilities normally provided or available to all cities within make payment on any underpayment in the COUNTY next fiscal year as part of the COUNTY'S obligation its quarterly installments. The Town will make all reasonable efforts to enforce state lawstay within any approved budget. Computation of actual costs hereunder An anticipated fee for Police Services shall be made by the Xxxxxx County Finance Department based on information provided by the Sheriff. 2Town to the City in advance of any City budget meeting such that the City may include the costs of these services in its budget. During The Town shall provide the term City a detailed Police Services budget that, shall be in such form, and contain such level of this Agreementdetail, as is mutually agreed upon by the COUNTY Selectboard and the City Council, and at a minimum, shall annually submit a Budget Estimate include revenue and expenses for the following year of services Police Services to be provided. Upon request and with reasonable advance notice, a Town representative familiar with the MUNICIPALITY no later than August l of the current year. Said Budget Estimate proposed budget shall appear at any City Council meeting where there will be for the limited purpose of better enabling the MUNICIPALITY to estimate its annual budget and tax levy. It is understood by the parties to this Agreement that said Budget Estimate shall in no way prevent the COUNTY from charging its actual costs. 3. If the MUNICIPALITY does not allocate the necessary funding for its proportionate share of the COUNTY'S Approved Budget to the MUNICIPALITIES for a given year, the MUNICIPALITY and the COUNTY must meet by January 31 discussion of the budget year in question to review and reach agreement on modifications to service levels provided by the COUNTY that are answer any questions. The Town shall make expenditures consistent with the MUNICIPALITY'S Police Services budget as presented and that recognize approved. The Town will advise the impact City of these service level any material changes to other MUNICIPALITIES that contract with the COUNTY for these services. 4an approved budget. Unless the COUNTY and MUNICIPALITY have reached agreement pursuant to the prior paragraph for For purposes of this agreement, a material change shall be a change in the MUNICIPALITY'S contribution, the COUNTY shall xxxx the MUNICIPALITY on a monthly basis in advance in an amount equal to one- twelfth of more than ten percent (1/1210%) of the Budget Estimate for services to the MUNICIPALITYapproved budget. The MUNICIPALITY shall pay Municipalities recognize that a natural disaster (defined as a major, adverse, naturally occurring event such as a flood, wildfire, earthquake, hurricane or tornado) impacting the COUNTY within 45 days Municipalities may cause the Essex PD to exceed budgeted operating revenues. The Town agrees to apply for any possible State or Federal grant funding that may be available to cover budget overruns that arise out of receipt of the monthly statement. At the close of the contract year, the COUNTY will reconcile the current year Budget Estimate and current year actual costs, shall provide a copy of the current year actual cost to the MUNICIPALITY, and shall either give a credit to the MUNICIPALITY or xxxx the MUNICIPALITY for additional costs in excess of the Budget Estimatenatural disaster.

Cost and Payment. 1The basis of compensation for the services of PROVIDER shall be based on the Rate Schedule set forth in the attached Exhibit “B”. The MUNICIPALITY agrees maximum amount payable under this Agreement, without modification, during the initial term and during any renewal term shall be One Hundred Fifty Thousand Dollars ($150,000.00) (the “Compensation Cap”), provided that any amounts paid or payable shall be solely pursuant to services rendered and goods received upon receipt of a properly itemized invoice. In no event may the aggregate amount of compensation during any term of this Agreement exceed the Compensation Cap. The Compensation Cap shall be revised equitably only by written amendments executed by both parties in the event of a change to the overall Scope Services set forth in Exhibit “A”. PROVIDER shall be reimbursed for actual non-labor costs, including travel, incurred in the performance of the services under this Agreement in accordance with the Xxxxxxxxxx County Vendor Reimbursement Policy set forth under Exhibit “C”. Invoices requesting reimbursement for costs and expenditures (reimbursables) must be accompanied by copies of the PROVIDER’s invoice and comply with the Xxxxxxxxxx County Vendor Reimbursement Policy. The copies of the PROVIDER’s invoice must evidence the actual costs billed to PROVIDER without mark-up. Should the actual costs of all fees and non-labor costs (reimbursables) rendered under this Agreement be less than the above stated Compensation Cap during the initial term or any renewal term thereafter, then PROVIDER shall receive compensation for only actual fees and non-labor costs (reimbursables) actually rendered and incurred, which may be less than the above stated Compensation Cap. COUNTY’s payment for services shall be governed by Chapter 2251 of the Texas Government Code. Invoices shall be paid by COUNTY within thirty (30) days from the date of the Xxxxxxxxxx County Auditor’s receipt of an invoice. Interest charges for any late payments shall be paid by COUNTY in accordance with Texas Government Code Section 2251.025. More specifically, the rate of interest that shall accrue on a late payment is the rate in effect on September 1 of COUNTY’s fiscal year in which the payment becomes due. The said rate in effect on September 1 shall be equal to the sum of one percent (1%); and (2) the prime rate published in the Wall Street Journal on the first day of July of the preceding fiscal year that does not fall on a Saturday or Sunday. In the event that a discrepancy arises in relation to an invoice, such as an incorrect amount on an invoice or a lack of documentation that is required to be attached to an invoice to evidence the amount claimed to be due, COUNTY shall notify PROVIDER of the discrepancy. Following COUNTY’s notification of any discrepancy as to an invoice, PROVIDER must resolve the discrepancy and resubmit a corrected or revised invoice, which includes all required support documentation, to Xxxxxxxxxx County. COUNTY shall pay the invoice within thirty (30) days from the date of Xxxxxxxxxx County’s receipt of the corrected or revised invoice. COUNTY’s payment of an invoice that contains a discrepancy shall not be considered late, nor shall any interest begin to accrue until the thirty-first (31st) day following Xxxxxxxxxx County’s receipt of the corrected or revised invoice. Any violation of the provisions of this Agreement by PROVIDER shall be grounds for withholding payment by the COUNTY until the actual cost of providing all services covered by this Agreement. Actual cost shall mean violation is resolved to the MUNICIPALITY'S pro rata share satisfaction of the COUNTY'S total cost of providing patrol and police protection services as described in this Agreement to the MUNICIPALITIES with which the COUNTY has agreements for the current contract year, including, but not limited to the following: salaries of employees engaged in performing said services, including vacation and sick leave; mileage; uniforms; public employees retirement contributions; workers' compensation, automobile, general liability and police professional liability insurance costs or the cost of self-insurance; general overhead, including indirect expenses and supplies, radio unit expense, and health and welfare expense. The term "costs" as used herein shall not include items of expense attributable to services or facilities normally provided or available to all cities within the COUNTY as part of the COUNTY'S obligation to enforce state law. Computation of actual costs hereunder shall be made by the Xxxxxx County Finance Department based on information provided by the Sheriff. 2. During the term of this Agreement, the COUNTY shall annually submit a Budget Estimate for the following year of services to the MUNICIPALITY no later than August l of the current year. Said Budget Estimate will be for the limited purpose of better enabling the MUNICIPALITY to estimate its annual budget and tax levy. It is understood by the parties to this Agreement that said Budget Estimate shall in no way prevent the COUNTY from charging its actual costs. 3. If the MUNICIPALITY does not allocate the necessary funding for its proportionate share of the COUNTY'S Approved Budget to the MUNICIPALITIES for a given year, the MUNICIPALITY and the COUNTY must meet by January 31 of the budget year in question to review and reach agreement on modifications to service levels provided by the COUNTY that are consistent with the MUNICIPALITY'S budget and that recognize the impact of these service level changes to other MUNICIPALITIES that contract with the COUNTY for these services. 4. Unless the COUNTY and MUNICIPALITY have reached agreement pursuant to the prior paragraph for a change in the MUNICIPALITY'S contribution, the COUNTY shall xxxx the MUNICIPALITY on a monthly basis in advance in an amount equal to one- twelfth (1/12) of the Budget Estimate for services to the MUNICIPALITY. The MUNICIPALITY shall pay the COUNTY within 45 days of receipt of the monthly statement. At the close of the contract year, the COUNTY will reconcile the current year Budget Estimate and current year actual costs, shall provide a copy of the current year actual cost to the MUNICIPALITY, and shall either give a credit to the MUNICIPALITY or xxxx the MUNICIPALITY for additional costs in excess of the Budget Estimate.

Cost and Payment. 1. The MUNICIPALITY 6.1 For the services provided directly by the Sheriff’s Office, the Municipality agrees to pay the COUNTY Sheriff’s Office the actual cost of providing all services covered by under this Agreement. Actual cost shall mean the MUNICIPALITY'S pro rata Municipality’s share of the COUNTY'S Sheriff’s Office total cost of providing patrol and police protection services as described in this Agreement to the MUNICIPALITIES with which the COUNTY has agreements for the current contract year, including. Actual costs include, but are not limited to, personnel services; services and charges, including administrative overhead; supplies and equipment; and capital. 6.2 For the County services provided by County departments other than Enterprise Risk Management and the Sheriff’s Office, the Municipality agrees to pay the County, as a part of this Agreement, a share of internal service fees based on a cost allocation determined by the Contract Communities, for the current contract year. Internal service fees are charges to the Sheriff’s Office by County departments. Internal service fees include but may not be limited to rent; information services; workers compensation; mobile and handheld radio communication services; fleet services; and, county manager fees, which include central services, such as finance, human resources, and other indirect costs. 6.3 For the County services provided by Enterprise Risk Management, the Municipality agrees to pay the County for insurance obligations undertaken by the County pursuant to this Agreement. This includes but is not limited to the following: salaries of employees engaged in performing said services, including vacation automobile and sick leave; mileage; uniforms; public employees retirement contributions; workers' compensation, automobile, general liability and police professional liability insurance costs costs, or the cost of a self-insurance; general overheadinsurance program. Enterprise Risk Management will provide premium rate costs by March of every year for the following year. 6.4 The Sheriff’s Office will prepare and present an annual budget estimate to the Contract Communities managers/administrators. The annual budget estimate shall be presented and provided in June of each year for the following year. The Parties agree that said budget estimate shall in no way prevent the County from charging its actual costs per this Agreement. 6.5 The Sheriff’s Office will prepare and present an annual reconciliation to the Contract Communities managers/administrators. The annual reconciliation shall be presented and provided no later than April of each year for the preceding year. If, including indirect expenses after reconciliation, (a) the amount of actual costs exceeds the Municipality’s payment to the County for the year, the Municipality will be invoiced for and suppliesshall pay to the County the difference or (b) the Municipality’s payment to the County for the year exceeds actual costs, radio unit expensethe Municipality will be issued a refund for the difference. 6.6 As part of the budget and reconciliation preparation and presentation process, the County and the Sheriff’s Office will provide to the Contract Communities an itemized accounting as detailed as reasonably possible regarding costs, calculations, fees, rates, methodologies, and health other relevant information. 6.7 The Sheriff’s Office will prepare and welfare expenseprovide to each Municipality monthly invoices. The invoices will display the cost of Sheriff’s Office services, County internal service fees, and insurance obligations pursuant to this Agreement. 6.8 The Municipalities are responsible for determining cost allocations. 6.9 The term "“costs" ” as used herein shall not include items of expense attributable to services or facilities normally provided or available to all cities municipalities within the COUNTY county as part of the COUNTY'S obligation County or Sheriff’s Office obligations to enforce state law. Computation of actual costs hereunder shall be made by the Xxxxxx County Finance Department based on information provided by the Sheriffprovide services. 2. During the term of this Agreement6.10 Except as otherwise provided, the COUNTY Municipality shall annually submit a Budget Estimate not be called upon to assume any liability for the following year direct payment of any salaries, wages, or other compensation to any County or Sheriff’s Office personnel performing services to the MUNICIPALITY no later than August l of the current year. Said Budget Estimate will be for the limited purpose of better enabling the MUNICIPALITY to estimate its annual budget and tax levy. It is understood by the parties pursuant to this Agreement that for said Budget Estimate shall in no way prevent the COUNTY from charging its actual costs. 3. If the MUNICIPALITY does not allocate the necessary funding for its proportionate share of the COUNTY'S Approved Budget to the MUNICIPALITIES for a given yearMunicipality, the MUNICIPALITY and the COUNTY must meet by January 31 of the budget year in question to review County and reach agreement on modifications to service levels provided by the COUNTY that are consistent with the MUNICIPALITY'S budget and that recognize the impact of these service level changes to other MUNICIPALITIES that contract with the COUNTY for these servicesSheriff’s Office hereby assumes said liabilities. 4. Unless the COUNTY and MUNICIPALITY have reached agreement pursuant to the prior paragraph for a change in the MUNICIPALITY'S contribution, the COUNTY shall xxxx the MUNICIPALITY on a monthly basis in advance in an amount equal to one- twelfth (1/12) of the Budget Estimate for services to the MUNICIPALITY. The MUNICIPALITY shall pay the COUNTY within 45 days of receipt of the monthly statement. At the close of the contract year, the COUNTY will reconcile the current year Budget Estimate and current year actual costs, shall provide a copy of the current year actual cost to the MUNICIPALITY, and shall either give a credit to the MUNICIPALITY or xxxx the MUNICIPALITY for additional costs in excess of the Budget Estimate.

Cost and Payment. 1. The MUNICIPALITY agrees to pay the COUNTY the actual cost of providing all services covered by this Agreement. Actual cost shall mean the MUNICIPALITY'S pro rata share of the COUNTY'S total cost of providing patrol and police protection services as described General Duties provided for in this Agreement to the MUNICIPALITIES with which the COUNTY has agreements shall not be paid for the current contract year, including, but not limited to the following: salaries of employees engaged in performing said services, including vacation and sick leave; mileage; uniforms; public employees retirement contributions; workers' compensation, automobile, general liability and police professional liability insurance costs or the cost of self-insurance; general overhead, including indirect expenses and supplies, radio unit expense, and health and welfare expenseby MIDWAY. The term "costs" as used herein shall not include items of expense attributable COUNTY is responsible to services or facilities normally provided or available to all cities within the COUNTY as part of the COUNTY'S obligation to enforce state law. Computation of actual costs hereunder shall be made by the Xxxxxx County Finance Department based on information provided by the Sheriffensure these General Duties are paid for in a lawful manner, in its discretion. 2. During Payment for Law Enforcement Services and Additional Dispatch Services shall be paid in monthly payments payable thirty days after the term date of the invoice. The payment for Law Enforcement Services and Additional Dispatch Services shall be as outlined in Addendum A to this Agreement, the COUNTY . 3. The Sheriff shall annually submit a Budget Estimate for the following next fiscal year of services for Law Enforcement Services and Additional Dispatch Services to the MUNICIPALITY MIDWAY no later than August l March 1 of the current each year. Said Budget Estimate will be for the limited purpose of better enabling the MUNICIPALITY MIDWAY to estimate its annual budget and tax levy. It is understood by The initial year will be for a minimum of 240 hours of deputies’ time per month providing Law Enforcement Services above the parties to this Agreement that said Budget Estimate shall in no way prevent level of service the COUNTY from charging its actual costs. 3would provide without this Agreement. If the MUNICIPALITY does not allocate the necessary funding for its proportionate share of the COUNTY'S Approved Budget MIDWAY wishes to the MUNICIPALITIES for a given yearchange this 240 hours, the MUNICIPALITY and COUNTY will need time to adjust its personnel needs based on MIDWAY’s request for Law Enforcement Services. Hence, COUNTY may allow or deny requests for annual changes from the 240 hours at COUNTY must meet by January 31 of the budget year in question to review and reach agreement on modifications to service levels provided by the COUNTY that are consistent with the MUNICIPALITY'S budget and that recognize the impact of these service level changes to other MUNICIPALITIES that contract with the COUNTY for these servicesdiscretion. 4. Unless If MIDWAY does not make necessary payments for its obligations under this Agreement, MIDWAY will be in breach of the terms of this Agreement, and the COUNTY and MUNICIPALITY have reached agreement pursuant may take any other lawful measures to the prior paragraph for a change collect necessary funding from MIDWAY. Similarly, if COUNTY fails to provide Law Enforcement Services or Additional Dispatch Services, COUNTY will be in the MUNICIPALITY'S contribution, the COUNTY shall xxxx the MUNICIPALITY on a monthly basis in advance in an amount equal to one- twelfth (1/12) breach of the Budget Estimate for services to the MUNICIPALITY. The MUNICIPALITY shall pay the COUNTY within 45 days terms of receipt of the monthly statement. At the close of the contract year, the COUNTY will reconcile the current year Budget Estimate and current year actual costs, shall provide a copy of the current year actual cost to the MUNICIPALITYthis Agreement, and shall either give a credit MIDWAY may take any other lawful measures to enforce the MUNICIPALITY or xxxx the MUNICIPALITY for additional costs in excess of the Budget EstimateAgreement.

Cost and Payment. 1The City shall be assessed the cost of the Police Services by calculating, on a per capita basis, its share of the direct and indirect costs and expenses for maintaining the Essex PD the Police Services described herein as set forth in the Town’s approved annual budget. The MUNICIPALITY City agrees to pay the COUNTY Town the actual assessed cost of providing all services covered by this Agreement. Actual cost shall mean the MUNICIPALITY'S pro rata share of the COUNTY'S total cost of providing patrol and police protection services as described in this Agreement to the MUNICIPALITIES with which the COUNTY has agreements for the current contract year, includingPolice Services described herein based upon the Town’s approved annual budget on a quarterly basis. The direct costs shall include, but not be limited to to, the following: salaries and wages, benefits, equipment, supplies, worker’s compensation insurance, property & casualty insurance, liability insurance, training, vehicles, technology, communications; as well as costs associated with operating the police facility to include, but not be limited to, heat, electricity, water and sewer, and buildings and grounds. The indirect costs shall include: administration costs, human resources costs, Information Technology (IT) costs, and finance costs and other mutually agreed upon costs. The per capita basis shall be reassessed every ten years when new census data is released by the US Census Bureau. In year two and every year thereafter, at the time of employees engaged the Town’s billing for the first quarter of each fiscal year, the Town will reconcile the actual costs billed and a true up will be included in performing said servicesthe bill for under or over payments from the previous fiscal year. If an audit reveals is conducted and a discrepancy is found in what was paid by the City and what actual costs should have been paid on a per capita basis, including vacation and sick leave; mileage; uniforms; public employees retirement contributions; workers' compensationthen the City shall be either credited any amount overpaid during the ensuing fiscal year, automobile, general liability and police professional liability insurance costs or the cost of self-insurance; general overhead, including indirect expenses and supplies, radio unit expense, and health and welfare expense. The term "costs" as used herein City shall not include items of expense attributable to services or facilities normally provided or available to all cities within make payment on any underpayment in the COUNTY next fiscal year as part of the COUNTY'S obligation its quarterly installments. The Town will endeavor to enforce state lawmake all reasonable efforts to stay within any approved budget. Computation of actual costs hereunder An anticipated fee for Police Services shall be made by the Xxxxxx County Finance Department based on information provided by the Sheriff. 2Town to the City in advance of any City budget meeting such that the City may include the costs of these services in its budget. During The Town shall provide the term City a detailed Police Services budget that, shall be in such form, and contain such level of detail, as is mutually agreed upon by the Selectboard and the City Council, and at a minimum, shall include revenue and expenses for the Police Services to be provided. Upon request and with reasonable advance notice, a Town representative familiar with the proposed budget shall appear at any City Council meeting where there will be a discussion of the budget to answer any questions that the Council may have. The Town shall make expenditures consistent with the Police Services budget as presented and approved. The Town will advise the City of any material changes to an approved budget. Failure to do so shall constitute a breach of this Agreement. For purposes of this agreement, the COUNTY a material change shall annually submit a Budget Estimate for the following year of services to the MUNICIPALITY no later than August l of the current year. Said Budget Estimate will be for the limited purpose of better enabling the MUNICIPALITY to estimate its annual budget and tax levy. It is understood by the parties to this Agreement that said Budget Estimate shall in no way prevent the COUNTY from charging its actual costs. 3. If the MUNICIPALITY does not allocate the necessary funding for its proportionate share of the COUNTY'S Approved Budget to the MUNICIPALITIES for a given year, the MUNICIPALITY and the COUNTY must meet by January 31 of the budget year in question to review and reach agreement on modifications to service levels provided by the COUNTY that are consistent with the MUNICIPALITY'S budget and that recognize the impact of these service level changes to other MUNICIPALITIES that contract with the COUNTY for these services. 4. Unless the COUNTY and MUNICIPALITY have reached agreement pursuant to the prior paragraph for a change in the MUNICIPALITY'S contribution, the COUNTY shall xxxx the MUNICIPALITY on a monthly basis in advance in an amount equal to one- twelfth of more than ten percent (1/1210%) of the Budget Estimate for services to the MUNICIPALITYapproved budget. The MUNICIPALITY shall pay Municipalities recognize that a natural disaster (defined as a major, adverse, naturally occurring event such as a flood, wildfire, earthquake, hurricane or tornado) impacting the COUNTY within 45 days Municipalities may cause the Essex PD to exceed budgeted operating revenues. The Town agrees to apply for any possible State or Federal grant funding that may be available to cover budget overruns that arise out of receipt of the monthly statement. At the close of the contract year, the COUNTY will reconcile the current year Budget Estimate and current year actual costs, shall provide a copy of the current year actual cost to the MUNICIPALITY, and shall either give a credit to the MUNICIPALITY or xxxx the MUNICIPALITY for additional costs in excess of the Budget Estimatenatural disaster.