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HomeMy WebLinkAbout04.07.86 Council Packet AGENDA COUNCIL MEETING REGULAR APRIL 7, 1986 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. March 17, 1986 Regular b. March 19, 1986 Joint Special c. March 24, 1986 Special 4. CITIZENS COMMENTS 5. PUBLIC HEARINGS a. 7:15 P.M. - Public Hearing to Consider Liquor License b. 8:00 P.M. - Public Hearing to Consider Improvements - Dakota County Estates c. Contination - Meat Packing Facility - AVID, Inc. 6. PETITIONS, REQUESTS AND COMMUNICATIONS 7. ORDINANCES AND RESOLUTIONS a. Adopt Ordinance Establishing Senior Center Advisory Council b. Adopt Resolutions Concerning Use of City Vehicles c. Adopt Resolution Supporting Local Outdoor Recreation Funding 8. UNFINISHED BUSINESS a. Discuss MWCC Repayment Plan 9. NEW BUSINESS a. Fire Department Practice - 809 Second Street b. Proposed Drainage Easement - Pine Knoll c. Submit Application for 1987 Preliminary LAWCON Grant d. Sanitary Sewer Policy - Sub Surface Surcharge e. Computer System - Police Department 10. MISCELLANEOUS a. Amend Ambulance Joint Powers Agreement 11. CONSENT AGENDA a. Approve Request to Attend School - Fire Department b. Approve 50% Tuition Refund - Liquor Store c. Approve Payment of the Bills 12. ADJOURN 13. ADD ON a. Senior Center Donation b. Consider Feasibility Report - Terra Second Addition c. Replace deck at Swimming Pool THE AGENDA IS CLOSED OUT AT NOON ON THE TUESDAY PRECEDING THE MEETING. MEMO TO: MAYOR AND COUNCIL SUBJECT: AGENDA ITEMS - 4/7/86 DATE APRIL 4, 1986 5. a. Information enclosed b. Memo enclosed c. Memo enclosed 7. a. Memo/ordinance enclosed b. Memo/Resolution enclosed c. Memo/Resolution enclosed 8. a. Memo enclosed 9. a. Request enclosed b. Memo enclosed c. Memo enclosed d. Memo/ordinance enclosed e. No information received at this time 10. a. Memo enclosed 11. a. Request enclosed. Please note that because of the timing of the school the approval is after the fact. b. Request enclosed c. Copy enclosed 13. a. Memo enclosed b. Memo/report/resolution enclosed c. Explanation on Agenda request. Larry Thompson City Administrator LT/kf AGENDA REQUEST FORM ITEM NO. )Oa... /ec )6J/iv- ) - -// •NAME: Larry Thompson ( cpe DEPARTMENT: Administration , ,TerAjt'jja,„er-1 DATE: March 24, 1986 �l� MEETING DATE: April 7, 1986 /4 . V- CATEGORY: Miscellaneous SUBJECT: Amend Ambulance Joint Powers Agreement EXPLANATION: Amend present agreement to reflect available insurance. REFERENCE MATERIALS/RESPONSIBILITY: Explanation/Recommendation - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Stan Whittingham Police Wayne Henneke Finance SIGNA S MEMO TO: MAYOR AND COUNCIL SUBJECT: AMBULANCE CONTRACT DATE: APRIL 2, 1986 Attached please find various correspondence from Richard Asleson, City Administrator of Apple Valley, and Roger Knutson from the City Attorney's Office. The following is a summary of the correspondence. Mr. Asleson is requesting that Farmington adopt an amended ambulance Joint Powers Agreement. The amendment would make simple housekeeping changes and incorporate reduced insurance requirements which were approved by the Council on January 21, 1986. The amendment also reduces the Ambulance Board's medical malpractice requirements from $5,000,000 to $1,000,000 due to the unavailability of additional coverage. Finally, the quarterly installments are changed from February, May, August and November to January, April, July and October for cash flow purposes. Mr. Knutson's memo basically states that the three cities are likely to be responsible for torts of the ambulance. It is recommended that the City approve the amended agreement as proposed. Also, representatives from the three cities should meet to discuss the City's exposure in light of the reduced amount of medical malpractice. 6( °I;%"1112 Larr hompson City Administrator LT/mh cc: file 000 0000 ••••• MAR 1 i 1986 City of apple 14200 Cedar Avenue S. Telephone 612-432-0750 va ey Apple Valley, Minnesota 55124 March 14, 1986 Mr. Patrick McGarvey Mr. Larry Thompson City of Lakeville City of Farmington 8747 208th Street W. 325 Oak Street Lakeville, MN 55124 Farmington, MN 55024 Re: AFL Joint Powers Ambulance Agreement Dear Pat and Larry, The original ALF Joint Powers Agreement is dated May 9, 1985 and its only amendment approved as of this date by all three cities is dated June 3, 1985. The amendment completely changed paragraph 10 and added a subparagraph C to paragraph 11. The amendment, in error, states that subparagraph C was being added to paragraph 12. However, the original agreement did not contain a paragraph 12. Attached, on yellow paper, is a copy of the present agreement with the 6-3-85 amendment incorporated into it. Both Lakeville and Farmington have recently adopted a second amendment to the original agreement which changes the $2 million amount in subparagraph C to $1.6 million dollars. As you are both aware, unresolved concerns are still with us in the insurance area and they are being pursued at this time with the Lakeville City Attorney, Roger Knutson. I am enclosing a copy of my letter of today to him. Enclosed on green paper, are changes now being suggested to the Joint Powers agreement. It is suggested that each city adopt the green document which is then, in effect, a consolidation of the original joint powers agreement, the 6-3-85 amendment to the Joint Powers agreement, an insurance amendment in paragraph 11.0 that has already been approved by Lakeville and Farmington, an additional insurance amendment in paragraph 9, and some other technical updates within the agreement. Please note that paragraph 12 repeals all prior agreements. Home of the Minnesota Zoological Garden March 14, 1986 Page 2 Apple Valley will be considering the "green" document on 3-27-86. Assuming its approval, it will then be routed to you for the appropriate signatures. Should further insurance changes be necessary, they will be handled as amendments to the "green" document. Sincerely, CITY OF APPLE VALLEY Richard G. Asleson City Administrator RGA/j f Enclosure xc: Tom Lawell Kevin Raun 000 000. • ••••• City of applen 14200 Cedar Avenue S. Telephone612-432-0750 va ey Apple Valley, Minnesota 55124 March 14, 1986 Mr. Roger Knudson Grannis Law Firm 161 N. Concord South St. Paul, MN 55075 Re: Ambulance Agreement - Insurance Dear Mr. Knudson: I write with the permission of Pat McGarvey to have you pursue this subject. Enclosed is a copy of the Joint Powers agreement between Apple Valley, Lakeville, and Farmington that is date stamped "JUN 3 1985" . Without a doubt, you are aware of the present insurance market - its high premiums and its coverage availability. The present agreement (paragraph 9) requires the Board to maintain insurance coverages of $1,000,000 for comprehensive general liability and $5,000,000 for medical malpractice, subject to its availability at a reasonable cost. Presently, at what they define to be a reasonable cost, the Board is only carrying $500,000 policy limits in each of the two areas. Paragraph 11.0 requires each city to separately maintain at least $2,000,000 of comprehensive general liability insurance. The $2,000,000 limit is presently in the process of being changed to $1,600,000 because Farmington has been unable to purchase more than $1,600,000. The purpose of requiring each city to maintain its own coverage was under the theory that in the joint operation, each city could become liable for insurance awards exceeding the limits of the policy carried by the Board and/or separately liable for whatever reason. Inasmuch as the Board itself has only been able to obtain coverage limits of $500,000, it would seem that the exposure to each city has been increased. However, I have been questioning the pass through exposure to each individual city. More specifically, the question becomes - Are the cities any more liable for tort liability or punitive damage awards against the Board than they were when ambulance service was provided by Divine Redeemer? Clearly, the Board has direct ties to each of the cities. But, it is also an independent board. Perhaps the issue becomes how independent. Of course, if tort liability and punitive damage awards against the Board were not subject to becoming the liability of each city, each city would not need to concern itself with the paragraph 11.0 coverages. Home of the Minnesota Zoological Garden Mr. Roger Knudson March 14, 1986 Page 2 Before you commence pursuing this topic on a research basis, please telephone me to discuss it further. Sincerely, CITY OF APPLE VALLEY Richard G. Asleson City Administrator RGA/jf xc: Patrick McGarvey Larry Thompson • LAW OFFICES GRANNIS, CAMPBELL, FARRELL & KNUTSON DAVID L.GRANNIS-1874-1961 PROFESSIONAL ASSOCIATION TELECOPIER: DAVID L.GRANNIS,JR.-1910-1980 (612)455-2359 POST OFFICE Box 57 VANCE B.GRANNIE MARY S.VUJOVICH VANCE B.GRANNIE,JR. 403 NORWEST BANK BUILDING THOMAS L.GRUNDHOEFER THOMAS J.CAMPBELL DAVID L.HARMEYER 161 NORTH CONCORD EXCHANGE M.CECILIA RAY PATRICK A.FARRELL DAVID L.GRANNIS,II[ SOUTH ST. PAUL,MINNESOTA 55075 JAMES R.WALSTON ROGER N.KNUTSON THOMAS M.SCOTT TELEPHONE:(612)455-1661 March 24, 1986 MAR 2 6 1986 Mr. Richard Asleson City Administrator City of Apple Valley 14200 Cedar Avenue South Apple Valley, Minnesota 55124 LAIr. Larry Thompson City Administrator City of Farmington 325 Oak Street Farmington, Minnesota 55024 Mr. Patrick E. McGarvey City Administrator City of Lakeville P.O. Box 957 Lakeville, Minnesota 55044 RE: Ambulance Agreement - Insurance Gentlemen: Mr. Asleson asked me to review the tort liability of the individual Cities under the Joint Powers Agreement to provide ambulance service. Generally, the liability of a City for the torts of boards , commissions, and the like depends upon the degree of control that can be exerted over it. The following factors lead me to believe that the Cities probably are responsible for the torts of the ambulance service: ( 1 ) ambulance service is not mandated by statute, (2) the parties voluntarily entered into a cooperative agreement to provide the service, (3) the Cities can remove board members at will , (4) the Cities control the ambulance service by retaining budget approval , (5) the Joint Powers Agreement states that the members are liable for the torts of the ambulance service. I don' t think rewriting the Agreement could solve the problems because the ambulance service would not be "independent" . This situation is not like the Devine Redeemer situation because here the Cities only provide a subsidiary. The Cities did not operate the ambulances. • 1 Ambulance Agreement - Insurance March 24, 1986 Page Two If additional insurance is not available at reasonable rates, the only option is to continue with the greater exposure or get out of the business. yours , G ANNIS , MPBELL, 'RRELL & K► - ON, P.A. B : _dem . li Rgger :i . Knutsl n RNK: srn JOINT POWERS AGREEMENT TO PROVIDE AMBULANCE SERVICE AGREEMENT made this 9th day of May;-1985,-- 1986, by and among the Cities of Apple Valley, Lakeville and Farmington, (here- inafter collectively referred to as "A.L.F. Ambulance" or "A.L.F. ") . 1. AUTHORITY. This Agreement is entered into pursuant to Minn. Stat. 471.476 and 471.59. 2. PURPOSE. The purpose of this Agreement is to provide advanced life support ambulance service for the cities. 3. OPERATING BOARD. The Operating Board shall consist of three voting members: One member of the council of each city. Only members of the city councils shall be eligible to serve on the Board. The initial terms of the members shall be as follows: Apple Valley - 1 year; Farmington - 2 years; Lakeville - 3 years. Thereafter, all members shall be appointed for a term of three years. The city appointing a board member may remove the member at any time with or without cause. The Board shall annually select a chair, vice chair and secretary. A majority of board members shall constitute a quorum for the transaction of business. Vacancies for unexpired terms of office shall be filled by the appointing authority. The Operating Board shall carry out the purposes of this Agreement and operate the ambulance service ("the program") . The Board shall act by majority vote. 4. AMBULANCE SERVICE. The ambulance service shall consist of a life support transportation service meeting or exceeding the minimum requirements of an advanced life support service as set forth by Minn. Stat. 144.804, et seq. The service shall include the operation of at least one ambulance unit operating on a 24-hour, 365 day per year basis. The Primary Service Territory DRAFT MAR 1 4 1986 of the service, as defined by Minn. Stat. 144.801, shall consist of the municipal boundaries of the cities and parts of the following Townships: Empire, Sections 1 through 36 (excluding the City of Coates) all in Township 114 North, Range 19 West, Dakota County, Minnesota; Eureka, Sections 1 through 36 all in Township 113 North, Range 20 West, Dakota County, Minnesota; Castle Rock, Sections 2 through 11, 14 through 23, and 26 through 35 all in Township 113 North, Range 19 West, Dakota County, Minnesota. The ambulance service shall further consist of support services necessary for proper operation. Support services shall include, but not be limited to, emergency dispatch, billing, record keeping, housing and finance. 5. FINANCE. A. The cities shall make financial contributions to operate the program. Except for the initial contribution which shall be payable within 30 days after the member cities approve the initial budget, contributions shall be payable to the Operating Board in quarterly installments on or before the first day of February,--May;-August-and-November: January, April, July, and October. Contributions of that part of the operating budget not met by grants, fees and/or donations shall be based on a ratio of each city's population to the total population of the three cities. For the purpose of the agreement, population means the population established by the most recent Federal Census, by a special census conducted under contract with the United States Bureau of Census, or by a population estimate made by the Metropolitan Council, whichever is the most recent. The Operating Board's initial budget shall be proposed as soon as possible after the Board is organized. The initial budget shall promptly be sent to the member cities for approval or disapproval. The Board shall not DRAFT MAR 1 4 1986 expend any funds until after the initial budget has been approved by all member cities. Thereafter on or before May 1st of each year, the annual operating budget for the following calendar year as recommended by the Board shall be submitted to each member city council for approval or disapproval. No action within sixty (60) days shall constitute approval. The budget shall set forth projected expenditures, service fees, city contributions and other revenues necessary to operate the ambulance. Additional contributions, either real or in-kind, may be made by any city at the discretion of the governing body. Contributions from other individuals, either real or in-kind, may be accepted. If all cities do not approve the budget by July 1st of any year, the program shall terminate at the end of that calendar year. B. The Board may not spend money in excess of the budget approved subsidy amount plus the revenues derived from the program for the then current calendar year. The Board may, if necessary, request additional contributions from member cities. C. The Operating Board may not borrow money without the advance written approval of all member cities. When approved by all the member cities, a certificate of indebtedness may be issued by the Operating Board on behalf of the collective members to this agreement or, in the alternative, a member city may issue such certificate with all approving members being liable for the debt so incurred pursuant to Paragraph 10 of this Agreement. D. The City of Lakeville shall act as fiscal agent for the Operating Board and shall maintain a separate fund for the purpose of operating the program. E. The Board shall purchase equipment and supplies for the program through procedures which are most beneficial to the program. Contracts let and purchases made under this Agreement shall conform to statutory requirements DRAFT MAR 1 4 1986 applicable to the cities. F. At the end of each calendar year, the Board shall cause an audit to be performed of funds expended and revenues received during the previous year. A copy of the Audit shall be made available to the cities by May 1st of each year. The audit shall be in a form such that it can be readily compared to the annual operating budget. 6. CONTRIBUTIONS OF FACILITIES BY CITIES. A. Each city shall, after receiving the recommendations of the Board, determine which of its lands, buildings, equipment and services, hereinafter called "Public Resources" , will be made available to the Commission: Board. B. The cost of maintenance, upkeep and utilities for the Public Resources made available by a city shall be borne by the City that provides the Public Resources. The Gities Board shall not pay rent for the use of the Public Resources. C. Each City shall maintain public liability insurance coverage on the Public Resources made available for the program. D. Public Resources will be returned to the respective City upon withdrawal from the Agreement. 7. PERSONNEL. The Board shall establish standards and qualifications for its personnel. The Board shall have the authority to hire and fire personnel and establish the terms of employment. The Board personnel shall be deemed employees of the Board, not of the member cities. The Board shall delegate the day-to-day supervision of personnel to a paramedic director. 8. NONDISCRIMINATION. A. A.L.F. Ambulance service shall be available for use without regard to race, color, creed, religion, national origin and without regard to sex, except as may be necessary as a bona fide requirement of a specific service. DRAFT MAR 1 4 1986 B. No applicant for employment or employee hired pursuant to this Agreement shall be discriminated against with respect to that person's hire, tenure, compensation, terms, upgrading, conditions, facilities, or privileges or employment by reason of race, color, creed, religion, national origin or sex, except as may be based upon bona fide occupational qualifications. 9. INSURANCE. The Board shall take out and keep in full force the follow- ing insurance coverage if it is available at a reasonable cost: Amount Coverage $1,000,000 Comprehensive general liability $5;00(4000 $1,000,000 Medical malpractice Statutory Workmen's compensation 10. DEBT AND TORT LIABILITY. A. DEBT. The Cities shall be responsible for all debts, expenses, and liabilities, excluding debts, expenses, and liabilities incurred as a result of tort liability, incurred in the operation of the program prior to their withdrawl from this Agreement in accordance with the following formula: Individual City's total contribution (excluding Public Resources) = percentage of liability Total contribution of all member Cities (excluding Public Resources) Contribution calculations shall be made as of the dates the debt or liability is incurred. B. TORT LIABILITY. To the extent there is no insurance coverage the Cities shall be liable for all debts, expenses, and liabilities incurred as a result of tort liability 'in accordance with the formula set forth in paragraph 10(a) of this Agreement. DRAFT MAR 1 4 tg$s 11. DURATION. A. Any city may withdraw from this Agreement on December 31st of any R r year. Written notice of termination must be given to the other Cities at least six (6) months prior thereto. B. In the event of written notification to withdraw, the remaining cities shall meet to consider modifying the Agreement to continue without the withdrawing city or to terminate. In the event of termination, all surplus funds shall be distributed to the cities in proportion to the amount contributed over the lifetime of the Agreement. Property obtained under this Agreement shall be distributed to the cities in the same manner. If the remaining cities continue the Agreement, the withdrawing city shall not be given any distribution, except its own Public Resources, until the other cities agree to terminate. C. Each individual City agrees to maintain in force at least $2;0007000 $1.600.000 in comprehensive general liability insurance. If any City is notified that its insurance is cancelled, it will immediately notify the other Cities in writing. If any city is unable to obtain or keep in force at least the minimum coverage required by this paragraph any City may withdraw from this Agreement after giving the other member Cities at least thirty (30) days written notice of withdrawl. 12. This Agreement supercedes and repeals all prior agreements among the cities related to ambulance service. IN WITNESS WHEREOF, the cities hereto have caused this Agreement to be executed by their respective duly authorized officers pursuant_ to-the-authority granted-by-the-attached-Resolutions-adopted-by-the-respective-cities CITY OF APPLE VALLEY Dated: Mayor DRAFT MAR l 4 1985 City Clerk r ' CITY OF LAKEVILLE Dated: Mayor Administrator CITY OF FARMINGTON Dated: Mayor Administrator DYtPei.111 ktNil ALF AMBULANCE JOINT POWERS AGREEMENT APPLE VALLEY-LAKEVILLE-FARMINGTON ALF AMBULANCE JOINT POWERS AGREEMENT The attached document bearing a date stamp of "JUN 3 1985" represents the original ALF Joint Powers Agreement approved by Apple Valley, Lakeville and Farmington on 5-9-85, 5-6-85 and 5-6-85; respectively. Further, it incorporates an amendment approved by Apple Valley, Lakeville and Farming- ton on 6-27-85, 6-3-85 and 6-17-85, respectively. No further amendments have been made as of March 13, 1986. JOINT POWERS AGREEMENT TO PROVIDE AMBULANCE SERVICE AGREEMENT made this 9th day of May, 1985, by and among the Cities of Apple Valley, Lakeville and Farmington, (hereinafter collectively referred to as "A.L.F. Ambulance" or "A.L.F. ") . 1. AUTHORITY. This Agreement is entered into pursuant to Minn. Stat. 471.476 and 471.59. 2. PURPOSE. The purpose of this Agreement is to provide advanced life support ambulance service for the cities. 3. OPERATING BOARD. The Operating Board shall consist of three voting members: One member of the council of each city. Only members of the city councils shall be eligible to serve on the Board. The initial terms of the members shall be as follows: Apple Valley - 1 year; Farmington - 2 years; Lakeville - 3 years. Thereafter, all members shall be appointed for a term of three years. The city appointing a board member may remove the member at any time with or without cause. The Board shall annually select a chair, vice chair and secretary. A majority of board members shall constitute a quorum for the transaction of business. Vacancies for unexpired terms of office shall be filled by the appointing authority. The Operating Board shall carry out the purposes of this Agreement and operate the ambulance service ("the program") . The Board shall act by majority vote. 4. AMBULANCE SERVICE. The ambulance service shall consist of a life support transportation service meeting or exceeding the minimum requirements of an advanced life support service as set forth by Minn. Stat. 144.804, et seq. The service shall include the operation of at least one ambulance unit operating on a 24-hour, 365 day per year basis. The Primary Service Territory JUN "85 of the service, as defined by Minn. Stat. 144.801, shall consist of the municipal boundaries of the cities and parts of the following Townships: Empire, Sections 1 through 36 (excluding the City of Coates) all in Township 114 North, Range 19 West, Dakota County, Minnesota; Eureka, Sections 1 through 36 all in Township 113 North, Range 20 West, Dakota County, Minnesota; Castle Rock, Sections 2 through 11, 14 through 23, and 26 through 35 all in Township 113 North, Range 19 West, Dakota County, Minnesota. The ambulance service shall further consist of support services necessary for proper operation. Support services shall include, but not be limited to, emergency dispatch, billing, record keeping, housing and finance. 5. FINANCE. A. The cities shall make financial contributions to operate the program. Except for the initial contribution which shall be payable within 30 days after the member cities approve the initial budget, contributions shall be payable to the Operating Board in quarterly installments on or before the first day of February, May, August and November. Contributions of that part of the operating budget not met by grants, fees and/or donations shall be based on a ratio of each city's population to the total population of the three cities. For the purpose of the agreement, population means the population established by the most recent Federal Census, by a special census conducted under contract with the United States Bureau of Census, or by a population estimate made by the Metropolitan Council, whichever is the most recent. The Operating Board's initial budget shall be proposed as soon as possible after the Board is organized. The initial budget shall promptly be sent to the member cities for approval or disapproval. The Board shall not expend any funds until after the initial budget has been approved by all member 1 JUN 6. 1986. cities. Thereafter on or before May 1st of each year, the annual operating budget for the following calendar year as recommended by the Board shall be submitted to each member city council for approval or disapproval. No action within sixty (60) days shall constitute approval. The budget shall set forth projected expenditures, service fees, city contributions and other revenues necessary to operate the ambulance. Additional contributions, either real or in-kind, may be made by any city at the discretion of the governing body. Contributions from other individuals, either real or in-kind, may be accepted. If all cities do not approve the budget by July 1st of any year, the program shall terminate at the end of that calendar year. B. The Board may not spend money in excess of the budget approved subsidy amount plus the revenues derived from the program for the then current calendar year. The Board may, if necessary, request additional contributions from member cities. C. The Operating Board may not borrow money without the advance written approval of all member cities. When approved by all the member cities, a certificate of indebtedness may be issued by the Operating Board on behalf of the collective members to this agreement or, in the alternative, a member city may issue such certificate with all approving members being liable for the debt so incurred pursuant to Paragraph 10 of this Agreement. D. The City of Lakeville shall act as fiscal agent for the Operating Board and shall maintain a separate fund for the purpose of operating the program. E. The Board shall purchase equipment and supplies for the program through procedures which are most beneficial to the program. Contracts let and purchases made under this Agreement shall conform to statutory requirements applicable to the cities. JUN 3 1986 • F. At the end of each calendar year, the Board shall cause an audit to be performed of funds expended and revenues received during the previous year. A copy of the Audit shall be made available to the cities by May 1st of each year. The audit shall be in a form such that it can be readily compared to the annual operating budget. 6. CONTRIBUTIONS OF FACILITIES BY CITIES. A. Each city shall, after receiving the recommendations of the Board, determine which of its lands, buildings, equipment and services, hereinafter called "Public Resources", will be made available to the Commission. B. The cost of maintenance, upkeep and utilities for the Public Resources made available by a city shall be borne by the City that provides the Public Resources. The Cities shall not pay rent for the use of the Public Resources. C. Each City shall maintain public liability insurance coverage on the Public Resources made available for the program. D. Public Resources will be returned to the respective City upon withdrawal from the Agreement. 7. PERSONNEL. The Board shall establish standards and qualifications for its personnel. The Board shall have the authority to hire and fire personnel and establish the terms of employment. The Board personnel shall be deemed employees of the Board, not of the member cities. The Board shall delegate the day-to-day supervision of personnel to a paramedic director. 8. NONDISCRIMINATION. A. A.L.F. Ambulance service shall be available for use without regard to race, color, creed, religion, national origin and without regard to sex, except as may be necessary as a bona fide requirement of a specific service. B. No applicant for employment or employee hired pursuant to this JUN 3 1986 Agreement shall be discriminated against with respect to that person's hire, tenure, compensation, terms, upgrading, conditions, facilities, or privileges or employment by reason of race, color, creed, religion, national origin or sex, except as may be based upon bona fide occupational qualifications. 9. INSURANCE. The Board shall take out and keep in full force the follow- ing insurance coverage if it is available at a reasonable cost: Amount Coverage $1,000,000 Comprehensive general liability $5,000,000 Medical malpractice Statutory Workmen's compensation 10. DEBT AND TORT LIABILITY. A. DEBT. The Cities shall be responsible for all debts, expenses, and liabilities, excluding debts, expenses, and liabilities incurred as a result of tort liability, incurred in the operation of the program prior to their withdrawl from this Agreement in accordance with the following formula: Individual City's total contribution (excluding Public Resources) = percentage of liability Total contribution of all member Cities (excluding Public Resources) Contribution calculations shall be made as of the dates the debt or liability is incurred. B. TORT LIABILITY. To the extent there is no insurance coverage the Cities shall be liable for all debts, expenses, and liabilities incurred as a result of tort liability in accordance with the formula set forth in paragraph 10(a) of this Agreement. ` 11. DURATION. A. Any city may withdraw from this Agreement on December 31st of any year. Written notice of termination must be given to the other Cities at JAN 3 least six (6) months prior thereto. B. In the event of written notification to withdraw, the remaining cities shall meet to consider modifying the Agreement to continue without the withdrawing city or to terminate. In the event of termination, all surplus funds shall be distributed to the cities in proportion to the amount contributed over the lifetime of the Agreement. Property obtained under this Agreement shall be distributed to the cities in the same manner. If the remaining cities continue the Agreement, the withdrawing city shall not be given any distribution, except its own Public Resources, until the other cities agree to terminate. C. Each individual City agrees to maintain in force at least $2,000,000 in comprehensive general liability insurance. If any City is notified that its insurance is cancelled, it will immediately notify the other Cities in writing. If any city is unable to obtain or keep in force at least the minimum coverage required by this paragraph any City may withdraw from this Agreement after giving the other member Cities at least thirty (30) days written notice of withdrawl. IN WITNESS WHEREOF, the cities hereto have caused this Agreement to be executed by their respective duly authorized officers pursuant to the authority granted by the attached Resolutions adopted by the respective cities. CITY OF APPLE VALLEY MAY 9 1985 /s/ W. E. Branning Dated: JUN 2' 7 1985 Mayor /s/ Mary E. Mueller City Clerk JUN 3 1985 CITY OF LAKEVILLE MAY 6 1985 /s/ Duane Zaun Dated: JUN "965 Mayor /s/ Patrick E. McGarvey Administrator CITY OF FARMINGTON MAY 6 1985 JUN 1 7 1985 /s/ Patrick Akin Dated: Mayor /s/ Larry Thompson Administrator JUN 3 1965