The URL can be used to link to this page

Home My WebLink About12.03.84 Council Packet AGENDA COUNCIL MEETING REGULAR DECEMBER 3, 1984 1. CALL TO ORDER 2. APPROVE AGENDA 3. APPROVE MINUTES a. November 19, 1984 4. CITIZENS COMMENTS 5. PUBLIC HEARINGS a. 7:15 P.M. - Certification of Delinquent Municipal Services. 6. PETITIONS, REQUESTS AND COMMUNICATIONS 7. ORDINANCES AND RESOLUTIONS a. Adopt Resolutions to Establish Funds 1. Solid Waste Enterprise Fund 2. Sewer Enterprise Fund 3. Fire Relief Fund 8. UNFINISHED BUSINESS a. Sewer Billings b. 1985 Non Union Employee Salaries c. Approve 1985 CDBG Grant Applications d. 1984 LAWCON e. Ambulance Service Agreement f. Economic Development Joint Powers Agreement g. 1985 Police Officers Labor Agreement h. Proposed Fire Hall - Architects Agreement 9. NEW BUSINESS a. Variance Request - James Pluntz b. 1984 Budget Analysis c. Insurance Contract Renewals d. 1985 Planning Services Contract e. Fencing for Police Department Impound Lot 10. MISCELLANEOUS a. Commendation for Public Service - Eugene Kuchera 11. CONSENT AGENDA a. Approve Capital Outlay Request - Fire Department Radios b. Approve the List of Bills 12. ADJOURN THE AGENDA IS CLOSED OUT AT NOON ON THE TUESDAY PRECEDING THE MEETING. 13. ADD ON a. Preliminary Review - Dakota County Estates Third PUD b. "Cops Who Care" Program AGENDA REQUEST FORM ITEM NO. g _. NAME: Larry Thompson DEPARTMENT: Administration DATE: November 20, 1984 MEETING DATE: December 3, 1984 CATEGORY: Unfinished Business SUBJECT: Ambulance Service Agreement EXPLANATION: Consider reimbursing Divine Redeemer for services provided. i REFERENCE MATERIALS/RESPONSIBILITY: Explanation/Recommendation - Larry Thompson ii REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Stan Whittingham Police Gretchen Dahlen Ambulance Advisory Committee SIGNATUit AGENDA REQUEST FORM ITEM NO. Se.. NAME: Gale Sprute DEPARTMENT: Council DATE: November 21, 1984 MEETING DATE: December 3, 1984 CATEGORY: Unfinished Business SUBJECT: Ambulance Service Agreement EXPLANATION: I would like to discuss the ambulance service agreement once again for possible action. REFERENCE MATERIALS/RESPONSIBILITY: REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Stan Whittingham Police Gretchen Dahlen Ambulance Advisory Committee -56t-GA/' R� • MEMO TO: MAYOR AND COUNCILMEMBERS SUBJECT: AMBULANCE SERVICE AGREEMENT DATE: NOVEMBER 29, 1984 Last meeting the City Council discussed the proposed Ambulance Service Agreement. The motion to approve the agreement failed on a 2-2 vote. As you may recall , my memo addressed not only services to be provided from December 1, 1984 thru December 31, 1985, but also a subsidy for service from October 1, 1984 to November 30, 1984. As stated in the memo, it was my recommendation that the City reimburse Divine Redeemer for service provided during this period, even though there was no con- tract, as the service was provided as a good faith gesture to expedite the approval of the agreement. I neglected to bring this point up after the approval agreement failed to pass. Also, Councilmember Sprute has requested that the entire agreement be brought up once again for Council consideration. I met with represen- tatives of Apple Valley, Lakeville and Divine Redeemer as to the "mechanics" of the transfer of service if Farmington fails to approve the agreement. Divine Redeemer has indicated that it will provide service as directed by the cities under contract. Odds are that Apple Valley and Lakeville will take action to exclude Farmington from the first response area, which would in effect, prohibit the ambulance from responding to Far- mington. Apple Valley does not meet until December 13, 1984 so the City will receive ambulance service through December 14, in the event the agreement is not approved. Lakeville Administrator Pat McGarvey has indicated that he will be seeking direction from the Farmington City Council for instruction to Lakeville dispatchers in the event service is discontinued, and an emergency call for ambulance services is received from Farmington. A recommendation for this direction will be presented during the Monday night meeting. If the City Council does not approve the agreement, it would be my recom- mendation that the subsudy of $4,553 for service provided from October 1, 1984 through December 1, 1984 be paid to Divine Redeemer with the under- standing that the amount be adjusted based upon actual revenues and actual expenditures. Larr ompson City dministrator LT/mh cc: file r � AMBULANCE SERVICE AGREEMENT WITNESSETH This AGREEMENT made and entered into retroactive to the first day of October, 1984, by and between D.R.M.H. , Inc. , a Minnesota Corporation, d/b/a Divine Redeemer Memorial Hospital, hereinafter referred to as DR, and the Cities of Apple Valley, Farmington, and Lakeville, all Minnesota Municipal Corporations, hereinafter referred to as the CITIES. WHEREAS, DR desires to provide ambulance service to the CITIES, and WHEREAS, DR proposes to furnish to the CITIES one fully equipped and staffed ambulance, and WHEREAS, the CITIES have authority under Minnesota Statutes, Section 471.476, to provide ambulance service by contracting with any person, firm or other politcal subdivision upon such terms and conditions as may be agreed upon, and WHEREAS, Minnesota statutes, Section 471.59, permits two or more governmen- tal units to jointly or cooperatively exercise any power common to the govern- mental units (such as providing ambulance service as above described), and WHEREAS, the customary fees charged to ambulance service users are not suf- ficient to cover the expenses of providing ambulance service at the level of service desired by the CITIES, and WHEREAS, the CITIES desire to jointly assure that adequate ambulance service is available and recognize that a public subsidy to DR is necessary for the pur- pose of receiving ambulance service. NOW THEREFORE, in consideration of mutual covenants, agreements and matters set forth herein, the parties hereto agree as follows; A. DR's obligations under this agreement shall be: 1. To provide Advanced Life Support (ALS) ambulance service to the CITIES. 2. To either own or lease one fully equipped ALS ambulance, that meets State license requirements. 3. To station the South ambulance at Apple Valley Fire Station No. 1 or at a location designated in writing by the CITIES, and agreeable to DR. 4. To maintain and staff the ambulance on a 24-hour per day basis, seven days per week. 5. To staff each ambulance with two paramedics with National Certification. 6. To devote its efforts toward becoming self-sustaining without reducing the level of service to which it agrees to provide under this agreement. 7. To prepare and mail to the CITIES within 30 days after each calendar quarter, quarterly financial and statistical reports. Audited finan- cial statements for the years ending 12/31/84 and 12/31/85 that show the results of operations in the CITIES, shall be prepared and submitted at the CITIES request and expense. B. The CITIES' obligations under this agreement shall be: I. To remit monthly to DR, as consideration for ambulance service received, the amount stipulated in Appendix A of this agreement. 2. In the event that the cumulative amount so remitted plus net revenue is less than the total of direct expenses, allocated expenses, and an operating return to DR of 7 percent of net revenue, the CITIES shall promptly remit the difference to DR. 3. In the event that the cumulative amount so remitted plus net revenue is more than the total of direct expenses, allocated expenses, and an operating return to DR of 7 percent of net revenue, DR shall promptly remit the difference to the CITIES. C. Miscellaneous Terms: 1. There shall be no employment relationship established by this agreement. DR, in the performance of this agreement, shall, at all times, be an independent contractor. Ambulance drivers, attendants and paramedics performing duties for DR are employees of DR and the CITIES shall have no right to direct, control or influence their actions, nor shall the CITIES in any way, be responsible for their acts, their salary or any employment benefits. Likewise, police officers, firefighters or other employees or agents of the CITIES are under the sole direction of the CITIES and DR shall have no right to direct, control or influence their actions, nor shall DR in any way, be responsible for their acts, their salaries or any employment benefits. 2. DR shall assume full responsibility and authority for the supervision and control of the ambulance service herein provided including all medi- cal matters related to the care and transportation of patients. Unless deemed not medically appropriate, DR shall transport patients to medical facilities of their choice. 3. Any disputes between the CITIES and DR arising under this agreement shall be settled by arbitration in accordance with the provisions of the Uniform Arbitration Act of the State of Minnesota, by a Board of Arbitrators composed of three members. DR shall appoint one arbitrator, the CITIES shall appoint one arbitrator and the two so appointed shall select the third arbitrator. Within 45 days of the occurrence giving rise to arbitration, the party demanding arbitration shall notify the other party in writing of such demand specifying the matter to be sub- mitted to arbitration and the name of the arbitrator selected by the party making such demand. Upon receipt of such written notice, the -2- t ' j other party shall have ten days in which to select an arbitrator, and to specify any matters which such party desires to have submitted to arbitration and to notify the other party in writing of such selections, and the two arbitrators so selected shall have ten days in which to select a third arbitrator. In the event the third arbitrator is not so selected within said ten days, such third arbitrator shall be appointed by the District Court of Dakota County, Minnesota, upon application of any party after at least eight days notice to the other parties of such application. Arbitration shall be the exclusive remedy for the settle- ment of disputes arising u der this a r ment andno actin at law o in equity snail e insiutd,under any parr ehereto oter than to enforce the award of the arbitrators. 4. This agreement shall terminate at 11:59 p.m. on December 31, 1985. This agreement may be terminated without cause by either D.R.M.H. , Inc. or any city with 90 days written notice. In the event of a termination by any one city, this Agreement shall continue in effect subject par- ticularly to its paragraphs B-2 and B-3. 5. Insurance and Hold Harmless Provisions. • a. DR, during the term of this agreement, agrees to maintain in force general liability, auto liability and property damage insurance with minimum limits of $300,000 per person, $500,000 per accident and $100,000 per occurrence for property damage with such insurance _ policies to name each City as an Additional .Named Insured. A cert- ificate of insurance shall be filed with each City. b. DR agrees to maintain in force the proper Workers' Compensation Insurance for its ambulance service employees. c. DR agrees to hold harmless each City from any and all claims or legal action resulting from operation of the ambulance service. 6. In accordance with the provisions of Minnesota Statutes, Section 181.59, DR agrees: a. That in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract hereunder, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States who are qualified and available to perform the work to which such employment relates; b. That no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or prevent the employment of any such person or persons, or on being hired, prevent or conspire to pre- vent, any such person or persons from the performance of work under any contract on account of race, creed, or color: 7. The CITIES agree to permit DR to reorganize the ambulance service under a new and separate corporate structure with subsidy payments to be made payable to the new corporation. DR agrees that this agreement shall be binding for the new corporation and will cause no interruption in service. -3- t / 8. Any item of expense considered by DR to be an "allocated expense" shall be distributed to its NORTH operation and its SOUTH operation (CITIES) as follows: a. 67% to NORTH and 33% to SOUTH. 9. The amount of the subsidy payment will be reviewed and adjusted quarterly based upon the actual financial data for the prior three months. The first review will include financial data for the prior four months. 10. In consideration of ALS Ambulance Service provided by DR between 10/1/84 and 12/31/84, the CITIES agree to pay the subsidies outlined in Appendix B by January 10, 1985. IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by authority of their respective governing bodies granted on the dates shown: D.R.M.H. , INC. Date of d/b/a Divine Redeemer Memorial Hospital Approval By: and Chairman of the Board Curtis Wassberg, Administrator CITY OF FARMINGTON By: and Patrick Akin, Mayor Larry Thompson, City Clerk CITY OF APPLE VALLEY By: and W. E. Branning, Mayor Richard Asleson, City Clerk CITY OF LAKEVILLE By: and Duane. R. Zaun, Mayor Patrick E. McGarvey, City Clerk -4- • l i i. in ♦ 1 . APPENDIX A 1/1/85 to 12/31/85 City Population Subsidy Apple Valley 24,990 $82,967 Farmington 4,550 15,106 Lakeville 16,420 54,514 TOTAL 45,960 $152,587 -5- t APPENDIX B • Subsidy for 10/1/84 to 10/31/84 Apple Valley $13,096 Farmington 3,295 Lakeville 11,891 $33,282 Subsidy for 11/1/84 to 12/31/84 Apple Valley $13,828 Farmington 2,518 Lakeville 9,086 $25,432 Total Subsidy for 10/1/84 to 12/31/85 Apple Valley $114,891 Farmington 20,919 Lakeville 75,491 $211,301 -6- r MEMO TO: LARRY THOMPSON, CITY ADMINISTRATOR SUBJECT: AMBULANCE CONTRACT BUDGET IMPACT The 1984 Budget allocated $10,400 for ambulance services. Actual costs for 1984 ambulance service as per the contract is approximately $12,467. The exact amount is not known because B(2) and B(3) of the contract allows for distributions of overpayments or underpayments of the actual costs. A transfer of $2,067 is need to fund the additional costs. It is recommended to provide the funding from contingency. The 1985 Budget allocates $11,000 for ambulance services. The ambulance contract states the 1985 charge will be approximately $15,106, resulting in a $4,106 deficit. The $4,106 can be funded through contingency. _ COat}lvc-' 14. Wayne E. Henneke Finance Director WEH/mh NOV 3 0 1984 Lakevi((ey � C t of Lakeville 8747-208th St.P.O.Box I.#957 Lakeville, Minnesota 55044-8012 (612)469-4431 November 29, 1984 Mr. Patrick Akin Mayor City of Farmington 325 Oak Street Farmington, MN 55024 Dear Mayor Akin: Under terms of the joint dispatching agreement between Farmington and Lakeville, we are responsible for dispatching emergency service 24 hours per day on the 911 emergency telephone system. In the event the City Council of Farmington withdraws from the three city ambulance system, we will need to know how we are to respond to a call from Farmington for emergency ambulance service. Respectfully ours, ,mac' ;/°4-- 'atrick . McGarvey City Administrator/C1 rk PEM/cp cc: City Council Chief of Police t r AGENDA REQUEST FORM ITEM NO. gh NAME: Larry Thompson DEPARTMENT: Administration DATE: November 26, 1984 MEETING DATE: December 3, 1984 CATEGORY: Unfinished Business SUBJECT: Proposed Fire Hall - Architects Agreement EXPLANATION: Self Explanatory REFERENCE MATERIALS/RESPONSIBILITY: Explanation/Recommendation - Larry Thompson REFERRED TO: (NAME) DEPARTMENT: Larry Thompson Administration Dave Pietsch Fire Department SIGNATUR . MEMO TO: MAYOR AND COUNCILMEMBERS SUBJECT: ARCHITECTS AGREEMENT DATE: NOVEMBER 30, 1984 I have reviewed the proposed architect agreement with Glenn Cook and he has indicated that it is a standard working arrangement, where the City is billed for work completed regardless if the bid is let or not. Mr. Cook added that he is not aware of any firm which would work under a different arrangement for such a project. I recall that concern was expressed during the selection of the architect regarding the possibility of bids coming in over budget and requiring major revisions. At that time it was decided that the City offer a proposal to Beutow and Associates that any additional work that was necessary due to excessive bids would be billed to the City at $22.50 per hour (1/2 the normal hourly rate). The proposed agreement basically sets forth the terms and conditions which were set forth during the April 2, 1984 Council meeting. Therefore, I would recommend the agreement be approved. Tom Dunwell will be unable to attend the meeting. Larr Thompson City Administrator LT/mh cc: file