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DORSEY,WINDHORST.HANNAFORD,WHITNEY a HALLADAY <br /> Mr. David Childs April 27 , 1982 <br /> City of St. Anthony <br /> Page 2 <br /> 4 . Subdivision 6 provides that the firefighters will <br /> be protected by the City' s Worker ' s Compensation. This is <br /> the law under an Attorney General ' s Opinion relating to <br /> Minnesota Statutes 438 . 10 , but it is a good idea to have it <br /> in the agreement too. <br /> 5 . You should note the provisions of Article IV, <br /> Subdivision 8 regarding liability for injuries, losses and <br /> damages. The effect of this subdivision is that each City <br /> will look to its own liability insurance. We must make sure <br /> that your present policies and any future policies cover the <br /> activities of the Fire Department outside of the City and <br /> under this agreement. This should definitely include the <br /> liability insurance, but should also include any other forms <br /> of insurance. <br /> 6 . Article V requires the City to maintain liability <br /> insurance in the amount of $300, 000 . I would suggest that <br /> this be amended to read "at least" $300, 000 , since you may <br /> • be carrying more than that amount. <br /> 7 . You and the members of the Council should note that <br /> Article V provides withdrawal from the terms of the agreement <br /> upon 30 days written notice . This is a very good provision, <br /> and would enable you to. withdraw on relatively short notice <br /> if you perceive any problems. <br /> 8 . The .proposed resolution calls for the signing of the <br /> agreement by the Mayor and the City Clerk. This should be <br /> changed to the Mayor and the City Manager. As you may know, <br /> there is some confusion in the law as to who should sign <br /> contracts and other legal documents for Plan B cities . <br /> Minnesota Statutes, Section 412 . 201 states that "every contract, <br /> conveyance, license or other written instrument" shall be <br /> executed by the Mayor and the Clerk. Section 412 . 691 , relating <br /> to Plan B cities, states that "all contracts, bonds and instru- <br /> ments of every kind" should be signed by the Mayor and the <br /> Manager. On the basis of Attorney Generals ' Opinions on these <br /> statutes, we are of the opinion that all contracts and other <br /> legal documents, except deeds and easements , should be signed <br /> on behalf of the City by the Mayor and the Manager. Deeds and <br /> easements should be signed by the Mayor and the City Clerk . <br /> • <br />