01-09-2019 Council Packet - Laserfiche WebLink

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2 unless cancelled by either party pursuant to the plan’s notice requirements. The Fire Relief Funding Plan is attached hereto as Exhibit A. c. Within 30 days of receipt of Fire State Aid from the State of Minnesota, the City shall remit that same amount to the Fire Department in a lump sum payment. 5. The Fire Department shall furnish the City by April 30, 2019 an accurate accounting of 2018 actual operating expenses. The Fire Department shall submit a proposed operating budget for 2020 to the City by June 30th, 2019. It is understood that this amount will be reviewed as part of the City’s budget process. The review with the City Council and any needed subsequent negotiations between the Fire Department and the City Council will result in the final contract amount for 2020. 6. The Fire Department shall duly record relevant facts and information regarding incident to which it responds, and shall make such facts and information available to the City when requested. 7. To the fullest extent permitted by law, the Fire Department agrees to defend and indemnify the City, and its officers, employees, and agents, from and against all claims, damages, losses, and expenses, including attorney fees, arising out of or resulting from the performance of work under this Agreement or the Fire Department’s failure to perform its obligations under this Agreement; but only to the extent caused in whole or in part by the negligent acts, errors or omissions of the Fire Department and its officers, employees and volunteers, or anyone for whose acts the Fire Department may be liable. The Fire Department agrees this obligation to indemnify the City shall survive the completion or termination of this Agreement. The Fire Department hereby agrees to keep its personnel, equipment, and trucks properly covered by insurance including worker’s compensation at statutory requirements and general liability coverage at $2,000,000 per occurrence, so as to protect the Fire Department, its members, the City and any third persons from any loss by reason of negligence of misconduct on the part of the Fire Department or its members. The City shall also be named as an additional insured on all Fire Department insurance policies as its interests may appear. The Fire Department is to furnish the City with Certificates of Insurance as evidence of coverage in force for the contract period. The Certificates of Insurance shall provide the city with 30 days’ notice of cancellation. It is also understood that should proceeds for reimbursement of any losses be received by either party, they shall be applied to the replacement purchase of the affected item(s). 8. The Fire Department shall retain title to all fire trucks in its possession. If the Fire Department ceases to provide fire services to the City, title and possession of the trucks purchased by the City (#’s 214, 217, 218, 219, and 220) shall revert to the City for the purpose of serving the citizens of Little Canada as shall all equipment that is funded, previously or in the future, by the City through its Capital Improvement Program (CIP). The Fire Department recognizes that in the event of a voluntary dissolution, none of the equipment or other assets of the Little Canada Fire Department may inure to the benefit of any individual member. In such event, the Fire Department agrees to meet with the