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ARDEN HILLS CITY COUNCIL - NOVEMBER 30, 1998 8 . noted the section dealing with the Fire Department Responsibilities was where some of the reporting requirements have been eliminated. Mr. Fritsinger indicated that one issue which had been discussed during the August meeting was the fact that the ISO rating had been eliminated, This requirement had been placed back into the final agreement to ensure that the cities work with the Fire Department to maintain their current ISO rating. Mr. Fritsinger referred to Section 12, Dissolution of the Fire Department, and stated there had been a concern of what would happen to the Fire Department's assets in the event of dissolution, whether they would be moved to a successor organization or returned to the communities. The language included in this section of the agreement addresses the concerns by both the Fire Department and the cities, In the case of dissolution, the Fire Department's assets would be liquidated and the proceeds would be used to insure that the Fire Department's Relief Association obligations are fully ti.ll1ded, Any balance would be refunded to the cities, Mr. Fritsinger indicated all the issues discussed at the August 19, 1998 joint meeting have been addressed in the agreement. He noted a concern had been raised at that meeting by Councilmember Larson regarding the term of the agreement. Attorney Filla had developed language which was included in the Staff report which addresses the formalizing ofthe extension of the agreement by the City Councils to ensure the cities are taking action and not simply . allowing the agreement to roll over each year. The cities of North Oaks and Shoreview have approved the contract as presented, however, Attorney Filla had discussed this new language with the two cities and it could be incorporated into their agreements as well. Councilmember Malone pointed out that the Fire Protection Service Contract had been updated from the City ofShorview's copy and in some areas the reference to the City of Arden Hills was incorrect. He noted the tirst section of the document states the City of Arden Hills will be referred to as the "City" and later in the document it states "the City and the Cities of Arden Hills and North Oaks" and suggested this be corrected, Councilmember Malone noted the agreement does not include a default clause, There was nothing to protect the city if the Fire Department were to stop responding to fires, According to the contract the City must give a one-year notice and continue paying for this year. Additionally, the Fire Department needs some protection in the event the City were to cease payments. Mr. Fritsinger stated Section 16, the Waver portion, addresses this issue but not to this full extent, He indicated that the previous agreement had included a section dealing with termination due to deficiency status as well as arbitration. During negotiations it was determined that arbitration was not something the parties wanted to deal with, The fact that the arbitration issue was tied into the default issue may be the reason the language was removed, Mr. Fritsinger offered to discuss this issue with Attorney Filla. Councilmember Aplikowski asked if this was the reason the Termination Because of Deficiency . Status paragraph on page nine of the old agreement was removed. Mr. Fritsinger stated this assumption would be correct as the default issue had been tied into arbitration, ---- ..--------------------- - ------