3.3. SR 08-06-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Consent
Item Description
Amendment to the Agreement By and Between the City of Elk
River and the Elk River Fire & Ambulance for Use of Fire
Personnel and Facilities
Meeting Date
A st6,2007
Administrator
Reviewed by
Action Requested
Approval of the Amendment to the Agreement by and between the City of Elk River and the Elk River
Fire and Ambulance Service for Use of Fire Personnel and Facilities.
Backzround/Discussion
On November 8, 2005, the City entered into an Agreement by and between the City of Elk River and the
Elk River Fire and Ambulance Service for Use of Fire Personnel and Facilities (Agreement) for
construction of an expansion to Fire Station 1 to accommodate the Ambulance Service. Now that the
work has been completed, the final construction costs determined, and prepayments have been received
from the Ambulance Service, the Ambulance Service has requested that the Agreement be amended to
reflect that information. The Elk River Fire and Ambulance Service Board approved the proposed
Amendment at a recent board meeting.
The Amendment modifies paragraphs 8, 11, and 14 of the Agreement. Paragraph 8 now states the
amount of the loan currently outstanding, the interest rate, and when interest begins accruing. The
Ambulance Service has made substantial pre-payments in excess of the original projections; therefore, the
loan balance is lower than originally estimated. Paragraph 11 clarifies the lease period starting date which
will be January 1, 2012. The term of99 years does not change. Finally, paragraph 14 changes slightly the
language about withdrawing from the agreement. The language now includes a provision that the
Ambulance Service shall pay the entire amount of principal and interest due at the time it withdraws if the
loan has not been paid in full. The new language also requires that the City provide one year's written
notice to withdraw to the Ambulance Service so that the Ambulance Service has adequate time to find a
new location.
Financial Impact
None.
Attachments
· Amendment to the Agreement By and Between the City of Elk River and the Elk River Fire and
Ambulance Service for use of Fire Personnel and Facilities
· Agreement By and Between the City of Elk River and the Elk River Fire and Ambulance Service
for use of Fire Personnel and Facilities
s: \Council\Lori\2007\Fire and Ambulance Agreement Amendment 08 06 07.doc
Action
Follow Up
Motion by _
Second by _
Vote
S:\Council\Lori\2007\Fire and Ambulance Agreement Amendment 08 06 07.doc
AMENDMENT TO
THE 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) and the Elk River Fire and Ambulance Service
(Ambulance Service) entered into an agreement by and between the City of Elk River and the Elk
River Fire and Ambulance service for the use of personnel and facilities on November 8, 2005; and
WHEREAS, the parties wish to amend the Agreement now that provision 6 of the Agreement
stating that the Ambulance Service by permission of the City will expand the building of the main
fire station located at 415 Jackson Avenue has been completed.
NOW, THEREFORE, it is mutually agreed the following changes be made to the Agreement:
8. The Ambulance Service will be responsible for the portion of the loan currently outstanding
($258,584.63 as of July 1,2007) and interest at a rate of 4.75% starting on February 1, 2007,
through January 1, 2012 in sixty (60) equal payments. Pre-payments may be made at any
time with no penalty.
11. The Ambulance Service will have the right to use the addition on a lease basis for $1.00 for a
period of99 years startingJanuary 1, 2012.
14. The Ambulance Service may withdraw from this Agreement by sixty (60) days notice in
writing to the City. If the amount due under paragraph 8 is not paid in full at the time of
notice, it shall all become due and payable at the time of notice from the Ambulance Service.
The City may withdraw from this Agreement by one year's written notice to the Ambulance
Service to vacate.
All other provisions of the Agreement remain in effect.
IN WITNESS THEREOF, said parties caused this Agreement to be signed by their duly
authorized officers on this 6th day of August, 2007.
ELK RIVER FIRE DEPARTMENT
CITY OF ELK RIVER
By:
By:
Stephanie A. Klinzing
Its: Mayor
Bruce A. West
Its: Fire Chief
ELK RIVER FIRE AND AMBULANCE
SERVICE
By:
Lori Johnson
Its: City Administrator
By:
Steven L. Dittbenner
Its: Ambulance Coordinator
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 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 arising out of this Agreement and the execution of its functions.
3. Each of the parties to this Agreement will maintain insurance policies covering their own
equipment and personnel while engaged in furnishing assistance to others; each will maintain
public general liability insurance protecting itself against claims of third parties; and each will
maintain workers' compensation insurance as required by law.
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 furnish
emergency services, equipment, or personnel in response to a call for assistance.
5. No liability shall be incurred by a party who shall have summoned assistance for damage to
or destruction of equipment of a party rendering assistance unless such damage or
destruction shall be caused by negligent or malicious conduct of any officer or employee of
the parties.
6. The Ambulance Service, by permission of the City, will expand the building of the Main Fire
Station located at 415 Jackson Avenue.
7. The purpose of this expansion will be for the ambulance bay, offices, bathrooms,
equipment, and storage.
,
Agreement between
City of Elk River/
Elk River Fire and Ambulance Service
Page 2 of2
8. The Ambulance Service will be responsible for the cost of building this addition and any and
all interest on loan as provided and agreed to by both parties.
9. The addition will be under ownership of the City as it is part of the existing city Fire Station.
10. The City will be responsible for all applicable costs to maintain the addition (ex: heat, power,
insurance).
11. The Ambulance Service will have the right to use the addition on a lease basis for $1.00 a
year for a period of 99 years.
12. In the event that the Fire Station on 415 Jackson Avenue becomes obsolete, damaged, or
destroyed, 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 Minnesota Statues Section 181.59 relating to civil
rights and non-discrimination.
14. The parties hereto may withdraw from this Agreement by sixty (60) days notice in writing to
the other.
IN WITNESS THEREOF, said parties caused this Agreement to be signed by their duly
authorized officers on this 8th day of November, 2005.
By:
CITY OF ELK RIVER
B~~~ 1~1j
Step anie A. Klin~g
Its: Ma)[ot. . ./ \
\.. t~""\ l// /)
By: I "'~...-)\L.-~
Lori Johnson
Its: Interim City Administrator
ELK RIVER FIRE AND AMBULANCE
SERV~~E_ n <
By:..)~:~OVJ7z:Zt~vU/\
Steven L. Dittbenner \
Its: Ambulance Coordinator
S:\OFFSITE\FlRE\Agreements\City and Elk River Fire and Ambulance Agmt.doc