02-08-1995 Council Agenda - Laserfiche WebLink

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responds, and shall make such facts and information available to the City when requested. 8. The City assumes no responsibility hereby for any acts of the Fire Department, nor for any injuries or losses to members or to the equipment or trucks of the Fire Department; and 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 with coverage limits of at least $1,000,000 per occurrence, so as to protect the Fire Department, its members, the City and any third persons from any loss by reason of negligence or 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 certificate 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). 9. 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 12 and 15) shall revert to the City for the purpose of serving the citizens of Little Canada. The Fire Department recognizes that in the event of a voluntary dissolution, none of the equipment or other assets of the Fire Department may inure to the benefit of any individual member. In such event, the Fire Department agrees to meet with the City to discuss disposition of Fire Department assets with the best interests of the citizens of Little Canada in mind. 10. Nothing in this contract shall be construed to obligate the City for operation, maintenance, or repairs of any equipment or trucks of the Fire Department. 11. The Fire Department has provided the City with a five (5) year Capital Improvement Plan which identifies major fire fighting equipment and vehicles which the Fire Department has determined should be replaced or acquired. The City shall incorporate the requests of the Fire Department into its Capital Improvement planning process. The City acknowledges its responsibility to fund and purchase such items subject to the availability of funds and appropriate justification for the items listed and in accordance with the Vehicular Purchasing Policy approved by both parties in 1993. The Fire Department shall continue to update this five (5) year plan on an annual basis and submit same to City by July 31st of the current contract year. 12. The City shall provide the Fire Department with funding to facilitate the purchase of fire truck #15 as invoices are received and in accordance with provisions of the purchase contract between the Fire Department and Pierce Manufacturing. Should the total amount of funds expended for this purpose exceed $250,000, the Fire Department agrees to reimburse the City for any amount in excess of this figure by December 31, 1995. It is further understood that the sale proceeds from unit #9 shall accrue to the benefit of the City and be accounted for in its $250,000 -2- Page 8