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REQUEST FOR ACTION <br />TO ITEM NUMBER <br />Ci Council 3.3. <br />AGENDA SECTION MEETING DATE PREPARED BY <br />Consent A enda Febru 22, 2011 T. ohn Cunnin ham, Fire Chief <br />ITEM DESCRIPTION REVIEWED By <br />Otsego Fire Contract (Revised) Tim Simon, Finance Director <br /> REVIEWED BY <br />ACTION REQUESTED <br />Request to approve the revised 2011 firefighting services contract for the City of Otsego. <br />BACKGROUND/DISCUSSION <br />On December 20, 2010, the City Council approved the draft firefighting services contract for the City of <br />Otsego. In subsequent discussions with the City of Otsego, some changes have been made to the original <br />draft. The cost model and the fee for service has remained the same since the draft copy you received in <br />December. The renewed contract will bring the City $169,805.44 in revenue compared to $99,980 <br />received in 2010 under the old agreement. <br />Staff met with City of Otsego staff and reviewed the requested changes. The changes are mostly technical <br />in nature and do not alter the overall scope/intent of the contract. Below is a summary of the changes: <br />• Article II, C: Language added to provide indemnification to the City of Otsego for gross <br />negligence or criminal acts by the City of Elk River or the (Elk River) Fire Department. <br />• Article III: Added cost formula to contract and clarification to 3% annual increase provision. <br />With this change, additional clarification was added to ensure receivables reflect actual number <br />of parcels within Fire District (which may result of an overall increase of more than 3% to the <br />previous year's billable rate). Added language for both parties to meet to discuss proposed fee <br />increases prior to August 1 of each year. <br />• Article N: Revised language of mutual aid reimbursement policy. The City of Otsego will pay <br />costs incurred for mutual aid requests to the Otsego Fire District. <br />• Article V: Revised language of false alarm reimbursement policy. City of Otsego will enforce its <br />alarm policy and forward the City of Elk River all penalties and fees. <br />• Article VIII: Language added to Termination clause to separate terms for failure to pay contract <br />rate opposed to mutual aid/false alarm payments. If the City of Otsego fails to make payment <br />under Section III, Elk River may terminate the contract within 60 days. If a dispute regarding <br />mutual aid and/or false alarm fees arise and is not settled within 30 days, the City of Elk River <br />may terminate the Agreement upon 180 days written notice. <br />Staff reviewed the changes and does not have any objection. The City of Otsego has already paid'/z of <br />the annual fee as outlined in Article III. <br />N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\02-22-2011\Otsego Fire Contract.docx <br />