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Nadine Heinrich asked how long the deadlock provision has been in the contract. It was noted <br />that was included in the original agreement. Ms. Heinrich stated that she would like to see that <br />provision remain within the agreement, explaining that there are two members from each city <br />and therefore a deadlock could happen. <br />Mr. Piton stated that there is a difference between equipment and fees. He explained that in <br />terms of equipment, and what is needed to provide a service, a fifth person could make the <br />determination about what is needed to provide fire services based on their expertise. He noted <br />that fees are different and there will need to be consensus found between the two groups, as a <br />fifth vote could not force Nowthen to pay a higher amount than it is willing/able to pay. <br />Debra Musgrove commented that the equipment seems to be separate with both cities having <br />their own equipment. She stated that she would prefer to see the deadlock provision related to <br />fees, to prevent a situation that an agreement cannot be reached, and this continues for years. <br />Mr. Piton stated that termination of the original agreement was already implemented and <br />therefore expiration would occur on December 31, 2021. He stated that Nowthen has agreed to <br />pay more for certain items, above the amount in the original agreement, but agreement has not <br />been made on the $160,000. <br />Ms. Musgrove stated that if there is a contract with agreed upon rates for 2020 and 2021, she <br />would consider removing Item E. <br />Ms. Heinrich stated that this is the organizational flow of the Joint Powers Board and therefore <br />she would not support removing Item E. <br />Kurt Ulrich stated that even if there is an agreed upon contract for services for 2020 and 2021, <br />the deadlock provision should remain. He provided the example of an emergency which has a <br />large cost and noted that the group could disagree on how those costs should be split, therefore <br />there should be a provision that would address a deadlock situation. <br />Mr. Piton commented that the group is attempting to develop a temporary JPA to get through the <br />remainder of the time and explained that there is a difference between rates and fees. He <br />stated that his concern is that the deadlock provision could result in a fifth party agreeing with <br />the imposition of fees for 2021 that have not been agreed upon by Nowthen. He stated that he <br />believes that the group must come to an agreement on fees, rather than relying on a fifth party <br />to make the decision on the fee amount. <br />Mr. Ulrich stated that the group could circle back to that provision if an agreement is made on all <br />the other terms. <br />Ramsey Fire Board / May 27, 2020 <br />Page 2 of 8 <br />