01-28-81 Council Special Minutes

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MINUTES City Council January 28, 1981 Fire Dept. The Attorney stated that he has reviewed the Fire Department`s contract Contract that they submitted to the City for approval. Mr. Parks commented that he has 9 or 10 recommendations for amenciments in the contract. The Attorney pointed out that the neat contract has a couple of clauses that the old contract did not, One pertains to the Fire Department agreeing to furnish the equipment and firemen and make every reasonable effort to attend a fire. The second says that the Fire Department will cooperate with other fire departments of other cities for mutual fire protection. The City Clerk stated that the City has been named in a law suit involving a fire in Shoreview. The Flttorney felt this did not have to be covered in the contract. The Attorney also poirrted out that the new contract provides for an automatic renewal unless either party gives the other 30 days notice. The Flttorney is recommend~q that this be deleted and suggested that the contract be reviewed each year as the City has done in the past. There is also an advanced payment clause in the contract. This was in the old contract as we11, but it was never ~forced. The Attorney stated that Section 3.1, P~ge 3 of the contract says the City shall also pay $70,000 to cover the costs of financing the Firemen's Relief Fund. This amount sha11 be subject to increase as the by-laws of the Relief Association are changed. The Attorney suggested that the word "shall" be changed to "may". Section 5.1, Page 4 under Duty of Care it says that the Fire Department is not liable to anyone for failure to attend or put out a fire except when willfully or grossly negligent in its operations. The Flttorney stated that this is not necessary either for the department or the City. This paragraph should be deleted. The Flttorney also suggested that the following articles be deleted from the contract as they are just excess verbage: Flrticles 6, 7, 8, 9, 11 and 12. The Headings & Caption section should also be deleted. Mr. Hanson introduced the following resolution and moved its adoption: RESOLUTION N0. 81-1-57 - INSTRUCTING THE CITY AT70R~lEY TO FlMEND THE fIRE DE RTMENT'S CONTRACT AS PER HIS RECOMMEMDATIONS The foregoing resolution was duly seconded by Mrs. PJardini, qyes (5) Fahey, Nardini, Flanson, Scalze, Forsberg. ~layes (0 ) . Resolution declared adopted. This resolution appears in Resolution Book No. 7, Page 34. Fahey suggested that the City Attorney send his suggestions to the Fire Department's attorney so that he can redraft the contract. Page -11-