6.10.B. SR 10-17-2005
Item 6.10.B.
MEMORANDUM
TO: Mayor and City Council
FROM: Bruce A. West, Fire Chief
DATE: October I 7, 2005
SUBJECT: Agreement Between the City of Elk River and Elk River Fire and
Ambulance Service
As part of the process of the addition for Fire Station #1, it has been determined that an updated
agreement between the City of Elk River and the Elk River Fire and Ambulance Service for use of
fIre personnel and facilities is needed. I have been working with the Elk River Ambulance Service
Ambulance Coordinator Steve Dittbenner, the Ambulance Board and with Finance and
Administrative Services Director Lori Johnson to complete an agreement between the City of Elk
River and the Ambulance Service for use of apparatus and support facilities.
The City of Elk River and the Elk River Ambulance Service has had a long and successful working
relationship throughout the history of the Ambulance Service. The agreement shall spell out for
both the City of Elk River and the Ambulance Service what is expected of each during the life of the
agreement. The agreement also states that the Ambulance Service will be responsible for the cost of
building the addition to Fire Station #1 through the rent schedule that will be attached to the
agreement upon completion of the addition. The rent schedule may be adjusted based on actual
construction costs upon project completion.
The Elk River Fire Department membership has reviewed and approved the agreement between the
City of Elk River and the Elk River Fire and Ambulance Service. I will be in attendance at the
October 17, 2005 Council meeting to answer any questions in reference to the above item. If you
have any questions prior to the Council meeting, please feel free to call me at the Elk River Fire
Department at 763.635.1105.
S:\Council\Bruce\200S\Elk River Ambulance Agreement.doc
AGREEMENT BY AND BETWEEN
THE CITY OF ELK RIVER
AND THE ELK RIVER FIRE AND AMBULANCE SERVICE
FOR USE OF FIRE PERSONNEL AND FACILITIES.
WHEREAS, the City of Elk River (the City) does operate and provide emergency and fire
protection services by and through the Elk River Fire Department (ERFD) pursuant to Minnesota
Statute and Elk River Ordinance Chapter 22; and
WHEREAS, the primary source of funding for the ERFD is the City of Elk River General Revenue
Fund; and
WHEREAS, the Elk River Fire and Ambulance Service (Ambulance Service) is a private Minnesota
non-profit corporation; and
WHEREAS, the City of Elk River by and through the ERFD does provide apparatus facilities,
support facilities, logistics, and personnel to the Ambulance Service;
NOW, THEREFORE, it is mutually agreed as follows:
1. The City agrees to provide to the Ambulance Service apparatus facilities as provided in this
Agreement at the Main Fire Station, 415 Jackson Avenue for the storage and maintenance of
the ambulance and related equipment owned by the Ambulance Service.
2. The Ambulance Service agrees to indemnify and defend the City and the ERFD for any and
all claims against the City and/or the ERFD arising out of this Agreement and the City and
ERFD's performance of its obligations under this Agreement.
3. Each of the parties to this Agreement will maintain insurance policies covering their own
equipment and personnel; e~ch will maintain public general liability insurance protecting
itself against claims of third parties; each will maintain workers' compensation insurance as
required by law; and the Ambulance Service will maintain insurance policies covering its
obligation to indemnify the City and ERFD under paragraph 2 hereof.
4. No party to this Agreement, nor any officer or employee of any party, shall be liable to any
other party or to any person on account of failure of any party to this Agreement to furoish
emergency services, equipment, or personnel in response to a call for assistance.
5. No liability shall be incurred by a party to this Agreement who shall have summoned
assistance from another party for damage to or destruction of the equipment of the party
rendering assistance unless such damage or destruction shall be caused by negligent or
malicious conduct of any officer or employee of the party requesting assistance.
6. The Ambulance Service, by permission of the City and under the direction of the Fire Chief,
will construct an Addition (the Addition) to the Main Fire Station located at 415 Jackson
Avenue as approved by the City Council on September 6, 2005.
Agreement between
City of Elk River/
Elk River Fire and Ambulance Service
Page 2 of 3
7. The purpose of the Addition will be for an ambulance bay, offices, bathrooms, and storage
for Ambulance and Fire Department equipment.
8. The Ambulance Service will be responsible for the cost of building the Addition through the
rent schedule attached. This schedule may be adjusted based on the actual construction
costs at project completion. The Ambulance Service may at any time prepay its lease in part
or in full with no penalties. If prepaid, the annual rent becomes one dollar ($1.00) per year
through the term of the lease.
9. The Addition will be owned by the City, as it is part of the existing City Fire Station.
10. The City will be responsible for all applicable costs to operate and maintain the Addition (ex:
heat, power, building insurance). The Ambulance Service will be responsible for capital
costs incurred for the Addition and for extra-ordinary repairs caused by the Ambulance
Service.
11. The Ambulance Service will have the right to lease the Addition for a period of up to 50
years, pursuant to the rent schedule attached. The lease may be renewed at the discretion of
the City if requested by the Ambulance Service.
12. In the event that the Fire Station on 415 Jackson Avenue becomes damaged or destroyed, or
is decommissioned or vacated by the City within the Lease period, the City will be
responsible for rebuilding or providing another facility of equal representation for the
Ambulance Service.
13. The Ambulance Service shall comply with all applicable Minnesota Statues and regulations,
including Section 181.59, relating to civil rights and non-discrimination.
14. The parties hereto may not withdraw from this Agreement except as outlined in paragraph
15, or by mutual written agreement.
15. If the Ambulance Service ceases to exist or ceases to provide ambulance service to the City
of Elk River, this agreement is automatically terminated. The balance of the rent unpaid is
due at termination.
16. The Ambulance Service is prohibited from subleasing any part of the building included
under this agreement.
IN WITNESS THEREOF, said parties caused this Agreement to be signed by their duly
authorized officers on this 8th day of November, 2005.
ELK RIVER FIRE DEPARTMENT
CITY OF ELK RIVER
By:
By:
C: \Documents and Settings \bwest\Local Settings \ Temporary Internet Files \ OLK3BD \Fire and Ambulance Agrnt Final (2).DOC
Agreement between
City of Elk River/
Elk River Fire and Ambulance Service
Page 3 of3
Bruce A. West
Its: Fire Chief
Stephanie A. Klinzing
Its: Mayor
ELK RIVER FIRE AND AMBULANCE
SERVICE
By:
Joan Schmidt
Its: Ci1;y Clerk
By:
Steven L. Dittbenner
Its: Ambulance Coordinator
GP: 17sn H v3
C:\Documents and Settings\bwest\Local Settings\Temporary Internet Files\OLK3BD\Fire and Ambulance Agmt Final (2).DOC