WS - D - City of Tiffin, Fire Association Transition Agreement - Redlined

non-profit will permit the Department members to conduct fundraisers and seek grants, as well as other activities as permitted by Iowa and federal law. The Association will cause (Attorney Bright) to promptly take necessary action to apply for tax-exempt exempt status under federal law and Internal Revenue Service rules and regulations for the new, non-profit organization. This process shall start immediately. c. The Association will be responsible for all legal fees, expenses and associated costs in regards regarding to setting up the non-profit corporation. d. After all fees, expenses, and costs are complete, the Association will donate remaining funds to the City for the sole purpose of using said remaining funds for fire, rescue, and emergency medical services, which may include applying said funds to any debt or contractual obligations. e. Donated funds to the current fire department non-profit will stay with the newly created non-profit corporation. 14.15. Insurance. a. It’s agreed that the parties intend to ensure that there are no gaps in any insurance coverage during this transition. b. The Association shall purchase and maintain adequate insurance policies for all services and property, including apparatus, vehicles, equipment, in addition to defense of any personal injury claims, employment claims, and errors and omissions/professional liability; and shall provide workers’ compensation insurance for all volunteers of the Association insurance for all volunteers of the Association for the duration of this agreement. The Association’s insurance coverage shall provide for the full replacement cost of damaged equipment, apparatus, and vehicles. The City shall be named as an additional insured. If inadequacies are discovered, the Association agrees to increase its insurance to provide sufficient coverage. c. The Association shall provide copies of all insurance policies to the City for inspection and review upon request. The Association shall not cancel or reduce insurance coverage without first notifying the City Administrator and coordinating with him or her. d. The City shall be responsible for providing all workers’ compensation, personal injury and employment liability, tort claims, and errors and omissions insurance for members of the City fire department effective July 1, 2021 and through the duration of this agreement and transition process. 16. Reports. The Association agrees to cooperate with the City regarding audits or recommendations contained therein. The Fire Chief shall provide a quarterly report of calls, services, and the status of the transition to the City Council, the Association, and, if applicable, a transition committee. 17. Open Records. The City is subject to Chapter 22 of the Code of Iowa, Examination of Public Records. The City will be responsible for responding to any Open Records requests that it receives, following the policy or policies of the City and applicable law. The Association will provide to the City any records required by law to be examined. 15.— 16.18. Cooperation. The parties mutually agree to cooperate to achieve the purposes of this agreement and to transition all equipment, property, assets and funds and services to the City, including execution of transfer of title forms, bills of sale, or other legal documents. If the Association fails to complete the terms of this agreement by June 30, 2022, by default and operation of law, all property and equipment shall be transferred to the City and thereafter owned by the City. The City will then also pay off the debt of the Association for the engine/pumper (151) truck and tanker (156) truck. The