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Page two <br />reason for the denial of coverage is that liability incurred by <br />entities which are created by joint powers agreements are not <br />covered. <br />A meeting was held between the attorneys for the-36 <br />municipalities and the MFRS on January 19, 1953. Both the <br />undersigned and Steve Sarkozy attended that meeting, MFRS has <br />retained the lawfirm of Holmes & Graven to defend these lawsuits. <br />Holmes & Graven has proposed that they represent all 36 <br />communities. At this point we agree , <br />In the event Holmes & Graven undertakes the defense, the entire <br />cost will be borne by the 36 communities, The defense costs will <br />be shared proportionately to the population of each community, <br />I recommend that the City of Roseville make a motion as follows <br />MOTIOW <br />moves and <br />seconds the motion that the City of Roseville retain the <br />lawf i rm of Holmes & Graven to defend it in the lawsuits <br />commenced by John Starks and Christopher Fields, <br />represented by the lawf i rm of Reinhardt & Anderson, <br />against the MFRS, City of Roseville and other <br />municipalities. These lawsuits arise out of allegations <br />of liability incurred pursuant to Minn. Sta t. §363 and <br />5419. <br />The City of Roseville agrees to pay a proportionate <br />share of the attorneys' fees and costs based upon the <br />population of the City of Roseville as it bears to the <br />36 communities who are members of the MFRS <br />The City of Roseville reserves the right to at any time <br />discharge Holmes & Graven and retain other attorneys <br />including the Roseville City Attorney in the event any <br />conflict arises from the defense of this entire matter <br />by Holmes & Graven, or in the event that the City of <br />Roseville feels that it would be in the best interest of <br />the city of Roseville to defend itself 'individually. <br />if the Council makes the above motion we will contact Holmes & <br />Graven and arrange for the defense, <br />There 'is also an agreement that each community would advance the <br />sure of 500 as the initial payment to the defense costs. <br />