HomeMy WebLinkAboutCC PACKET 09261995 Meeting Sheet
IIIIII VIII VIII VIII VIII VIII IIII IIII
iozzoz
Box: 22
Folder: CC PACKETS 1994-1998
Document: CC PACKET 09261995
CITY OF ST. ANTHONY
CITY COUNCIL AGENDA
SEPTEMBER 26, 1995
7:00 P.M.
CITY COUNCIL CHAMBERS
I. CALL TO ORDER/PLEDGE OF ALLEGIANCE.
II. ROLL CALL.
III. SET SEPTEMBER 26, 1995 COUNCIL AGENDA.
IV. APPROVAL OF SEPTEMBER 12, 1995 COUNCIL MINUTES.
V. LICENSES/PERMITS/PETITIONS.
VI. PRESENTATION OF CLAIMS.
A. Rieke Carroll Muller Associates, Inc. - $5,264.97.
B. Foster, Ojile, Wentzell & Brever - $2,400.00.
C. Verifieds.
VII. REPORTS.
A. Mayor.
B. Councilmembers.
C. City Manager.
1 . The Arbors ground breaking.
VIII. PUBLIC HEARINGS - None.
IX. NEW BUSINESS.
A. Resolution 95-047, re: Set date for Special Council Meeting.
B. Resolution 95-048, re: Drug and alcohol testing.
X. UNFINISHED BUSINESS.
XI. ADJOURNMENT.
1 CITY OF ST. ANTHONY
02 CITY COUNCIL REGULAR MEETING MINUTES
3 SEPTEMBER 12, 1995
4 I. CALL TO ORDER/ROLL CALL.
5 The meeting was called to order at 7:00 P.M. followed by the Pledge of Allegiance led by Mayor
6 Ranallo.
7 II. ROLL CALL.
8 Councilmembers Present: Ranallo,Marks, Enrooth, Wagner, and Fleming.
9 Also Present: Michael Morrison, City Manager.
10 III. APPROVAL OF SEPTEMBER 12, 1995 COUNCIL AGENDA.
11 Motion by Marks, second by Fleming to approve the September 12, 1995 Council Agenda as
12 presented.
13 Motion carried unanimously.
14 IV. APPROVAL OF AUGUST 22, 1995 COUNCIL MINUTES.
15 Motion by Marks, second by Enrooth to approve the August 22, 1995 Council minutes as
0 presented.
17 Motion carried unanimously.
18 V. LICENSES/PERMITS/PETITIONS.
19 Motion by Marks, second by Wagner to approve the following licenses:
20 Heating License
21 P.R.S. Mechanical, Inc., Minneapolis, MN (working at 3324 Skycroft Drive)
22 Care Air Conditioning& Heating, Inc.,New Brighton,MN (working at 3107 Silver Lake
23 Road)
24 Motion carried unanimously.
25 VI. PRESENTATION OF CLAIMS.
26 Motion by Marks, second by Enrooth to approve the following claims:
27 A. Braun Intertec in the amount of$2;922.25 for services rendered May 1, 1995 through
28 July 14, 1995 for 1995 Street Reconstruction Project.
29 B. Norwest Banks in the amount of$36,172.50 for debt service payment due October 1,
30 1995.
31 C. St. Anthony Fire Relief Association in the amount of$20,118.00.
D. 5 pages of Verified Claims as presented by the Finance Director.
33 Motion carried unanimously.
City Council Regular Meeting Minutes
September 12, 1995
Page 2
1 VII. REPORTS.
2 A. Mavor.
3 1. Proclamation of Kiwanis Peanut Day.
4 Ted Holsten, Kiwanis, was present at the meeting to request that Friday, September 29,
5 1995 be set aside in St. Anthony Village for the sale of peanuts.
6 Motion by Marks, second by Wagner to proclaim Friday, September 29, 1995 as Kiwanis
7 Peanut Day in St. Anthony Village.
8 Motion carried unanimously.
9 B. Council.
10 Wagner reported his attendance at a recent meeting of the Community Service Advisory
11 Council. He stated Dick Johnson was re-elected as President and Bill Sauer was re-
12-
e12- elected as Vice President for the Council.
13 Wagner also reported Glen Seefeldt spoke at a recent Kiwanis Club meeting in regard to •
14 the Healthy Youth, Healthy Community. He indicated they are looking for people to
15 become involved with their task force.
16 Enrooth reported the Village Fest Committee will meet again once before Christmas.
17 C. City Manager.
18 City Manager Mornson reminded the Council of the ground breaking of the Village
19 Commons on September 14, 1995 at 4:30 p.m.
20 Mornson reported the invitation to bid on the Community Service Center was published
21 in the Bulletin this week. The bids are due on October 17. There was Council consensus
22 to schedule a special meeting to consider the bids for October 18, 1995 at 5:00 p.m. The
23 bond will be set at the regular City Council meeting on October 24, 1995. The award of
24 the sale of the bond will be on November 27, 1995. There was Council consensus to
25 have two signs for the new building. One ground sign and one building sign. There was
26 also Council consensus as to the type of council table to purchase.
27 Momson reported Clayton Olson will retire the end of the year and the Public Works
28 Department will be hosting a going away party on October 26, 1995 at Apache Wells.
29 VIII. PUBLIC HEARING -None. •
City Council Regular Meeting Minutes
September 12, 1995
Page 3
IX. NEW BUSINESS
2 A. Resolution 95-045. re: Changes of Council Meeting Dates.
3 Motion by Fleming, second by Marks to approve Resolution 95-045, regarding changing
4 the dates of the regular Council meetings.
5 Motion carried unanimously.
6 B. Resolution 95-046. re: Set 1996 Tax Lew and Budget.
7 Motion by Enrooth, second by Wagner to approve Resolution 95-046, regarding setting
8 the City of St. Anthony proposed 1996 tax levy and budget in compliance with the Truth
9 in Taxation Act.
10 Motion carried unanimously.
11 C. Liquor Operations Uncollectible Checks in 1994.
12 Motion by Marks, second by Enrooth to approve the write off of the St. Anthony
13 Municipal Liquor Store 1994 uncollectible checks in the amount of$3,004.05.
14 Momson indicated this amount had improved from previous years. Staff was directed to
0 investigate the cost of a service to verify checks.
16 Motion carried unanimously.
17 D. Award Bid for Purchase of a Front End Loader.
18 Motion by Marks, second by Fleming to accept the low bid of$59,533.00 from Midwest
19 Machinery for the purchase of a front end loader.
20 Motion carried unanimously.
21 Mornson indicated the Arbors ground breaking is scheduled for October 3, 1995 at 5:00 p.m. A
22 Council work session will follow at 6:00 p.m. with the budget review scheduled for 7:00 p.m.
23 X. UNFINISHED BUSINESS -None.
24 XI. ADJOURNMENT.
25 Motion by Marks, second by Enrooth to adjourn the meeting at 7:25 P.M.
26 Motion carried unanimously.
27 Respectfully submitted,
Lorri Kopischke
TimeSaver Off Site Secretarial
30
31 Mayor
32 ATTEST:
33 City Clerk
. ain tho
ill e
DATE: September 26, 1995 APPROVAL:
TO: Mayor and Councilmembers
FROM: Judy Monson, License Clerk
ITEM: Licenses and Permits for Council Approval:
Heating License:
A-1 Rootmaster, Inc., Woodbury, MN/working at 3216-36th Avenue NE
Constructors License:
Tom Walek Construction, St. Anthony, MN/re-roof at 3314 Belden Drive
Shaw-Lundquist Associates, Inc., St. Paul, MN/working at the High
School
C: CDIM ,
Rieke Carroll Muller Associates, Inc. INVOICE /
Engineers • Architects • Land Surveyors STATEMENT
1 <M NNETTONKA, MN 55343 GAY ORD,MN 55334 ST..C OUD, MN 56301 GRAND RAPIDS, MN 55744 FARIBAULT, MN 5 021TE 1
i
SEPTEMBER 1 , 1995
INVOICE NO. 13137
PROJECT NO. 10278. 03
CITY OF ST. ANTHONY
3301 SILVER LAKE ROAD
ST. ANTHONY, MN... 55418
ATTN: LARRY HAMER
FOR: ST. ANTHONY 1995 STREETS - CONSTRUCTION
PROFESSIONAL SERVICES FROM JULY 230 1995 TO AUGUST 26, 1995
-----------------------------------------------------------
PROFESSIONAL PERSONNEL
HOURS RATE AMOUNT
SR CIVIL- ENGR 6. 5 80. 00 520. 00
SR CIVIL. TECH 2 . 0 60. 00 120. 00
SR FIELD REP 73. 8' 60. 00 4 , 428. 00
SECRETARY/REPRO 2. 0, 40. 00 80. 00
TOTALS _ 84. 3 5, 148. 00
TOTAL LABOR 5, 148. 00
REIMBURSABLE EXPENSES
HIRED TRAVEL 116. 10
REPRODUCTION 0. 87
TOTAL REIMBURSABLES 116. 97 116 . 97
------------
TOTAL THIS INVOICE S 5, 264 . 97
I declare under the penalties of law that this account, claim or demand
is just and corr� and nQ part of it paid.
X 45
SIGNATURE OF CLAI ANT
September 8, 1995
Mr.Larry Hamer
Public Works Director
City of St.Anthony
3301 Silver Lake Road
St.Anthony,MN 55418
RE: Invoice for Engineering Services
July 23,1995 to August 26,1995
1995 Street Reconstruction
St.Anthony, Minnesota
RCM Project No. 10278.03
Dear Larry.
The following is a list of personnel and tasks performed for the 1995 Street
Reconstruction Project during the above period.
Ic III Construction Phase
Senior Civil Engineer
rieke Paul Blum 6.5 hour Respond to resident concerns;
carroll coordination with contractor, pay
muller
ssociates, inc. estimate; project management &
*"%ilittseeccoordination
land surveyors
Senior Field Representative
equal opportunity Jeff Skoog 73.8 hours Resident observation
employer
Senior Civil Technician
Charles Wallin 2.0 hours Staking
Secretary/Graphics
Karen Anderson 1.0 hours Newsletter,contractouletters
Barb Miller 1.0 hours Newsletter, pay estimate, resident
. letters,contractor letters
. r
Please call if you have any questions. '
Sincerely,
Paul W.Blum,P.E.
3 `"r RIEKE CARROLL MULLER ASSOCIATES,INC.
PWB/ka
Enclosure
"10901 red circle drive
box 130
minnetonka, minnesota 55343
612-935-6901
fax 612-935-8814
Foster,Ojile,Wentzell & Brever,LLC
Attorneys at Law
Suite 201 Anthony Place
2855 Anthony Lane South
St.Anthony MN 55418
(612)789-1331 FAX:(612)789-2109
City of St . Anthony
3301 Silver Lake Road
St . Anthony MN 55418
Attention: Roger Larson
September 6, 1995
In Reference To: 8001 . 01
Invoice # 11752
Hours Amount
For professional services rendered 0. 00 $2, 400 . 00
September, 1995
Previous balance $2, 400. 00
8/15/95 Payment - thank you August 1995 ($2, 400. 00)
Balance due $2,400.00
Thank you for your business!
r
Payments may be made using your VISA or MASTERCARD
BRC FINANCIAL SYSTEM _ ST ._ANTHONY VILLA(
09/20/95 11 :23 Check Register GL540R-VO4.30 PAGE
BANK VENDOR CHECK# DATE AMOUNT
FIRS FIRSTAR ST. ANTHONY CHECKING
000020 AA BATTERY CO 9867 09/27/95 139.98
000080 ALBINSONS 9868 09/27/95 19.26
007338 AMERICAN EXPRESS 9869 09/27/95 438.02
000120 AMERICAN LINEN 9870 09/27/95 13.30
000010 AT & T CONS PROD DIV 9871 09/27/95 34.26
00001 BADOUR/JAMES 9872 09/27%95 50.00
.00002 BAUMAN/CARL 9873 09/27/95 50.00
007322 BERGER TRANSFER & STORAG 9874 09/27/95 80. 15
008153 BOB 'S PERSONAL COFFEE SE 9875 09/27/95 24.99
.00003 BRYTOWSKI/MICHAEL 9876 09/27/95 50.00
007164 CARLSON EQUIPMENT CO 9877 09/27/95 22.54
007300 CEMSTONE PRODUCTS COMPAN 9878 09/27/95 351 .86
.000800.. DAVIES.. WATER EQUIP .INC 9879 09/27/95 169.90
;000200 EARL ANDERSON ASSOC 4880, 09/27/95 . 24.56
000860 ENGSTROM%RICHARD 9881 09/27/95 228.03
000920 FEED RITE CONTROLS 9882 09/27/95 606.92
.00004 FIRE ENGINEERING 9883 09/27/95 46.55
007115 FOUR BY FOUR 9884 09/27/95 130.00
001030 G & "K SERVICES 9885 09/27/95 168.87
007335 G_ C R 9886 09/27/95 36.95.
00118-0 GOODIN- COMPANY 9887 7
001230 GOPHER STATE ONE CALL 9888 09/27/95 64.75
001241• GRACE/DUANE 9889 09/27/95 682. 70
001460 HAYDEN MURPHY EQUIP CO 9890 09/27/95 21 ,56
.00005 HELFREY/BARBARA 9891 09/27/95 75.00
008187 HENNEPIN COUNTY TREASURE 9892 09/27/95 146.00
? 00006 HICKERSON/DONALD 9893--09/27/95 15.00
001601 INGMAN LAB 9894 09/27/95 88.00
.00007 KAISER/JOEL 9895 09/27/95 50.00
_ 000715 LEEF BROS 9896 09LU125 3.67
.00008 LEPSCH/DONNA 9897 09/27/95 15.00
- 007162 MAPLE GROVE HTG & A/C 9898 09/27/95 203.28
008197 MCI TELECOMMUNICATIONS 9899 09/27/95 25.37
002240 METRO COUNCIL ENVIRONMEN 9900 09/2'1495 38,753.00
002280 MIDWEST ASPHALT CORP 9901 09/27/95 432. 18
000045 MIDWEST BUSINESS PRODUCT 9902 09/27/95 74,-55
002320 MINAR FORD INC 9903 09/27/95 108.83
007356 MOORE-SYKES/KIM 9904 09/27/95 63.55
.00009 NELSON HOWARD 9905 09/27/95 17,00
005223 NORTHERN HYDRAULICS 9906 09/27/95 27.67
002680 NORTHERN STATES POWER 9907 09/27/95 7,617 .08
.00010 PAULUS/.7FNUIE 9908 09/271 5 50.0Q
003000 : RADIO SHACK 9909 09/27/95 26.58
007025, ROBINSON LANDSCAPING INC.` . 9910 09/27/95 47.92
OVgANjMTKE 9911 09/ L95 52.00
.00012 SNUSTAD/D. PETER 9912 09/27/95 15.00
003460 SPRING LAKE PARK LUMBER 9913 09/27/95 29.48
E. 005163 STANDARD SPRING COMPANY 9914 09/27/95 279.48
d Ire
BRC FINANCIAL SYSTEM SSS_ 8NTH_QNY--�LIJ--L-8(
09/20/95 11 :23 Check Register GL540R-VO4.30 PAGE
BANK VENDOR CHECK# DATE AMOUNT
FIRS FIRSTAR ST. ANTHONY CHECKING
007190 STATE SUPPLY COMPANY 9915 09/27/95 27 .30
007311 SUBURBAN COLLISION & PAI 9916 09/27/95 420.00
007181 SUBURBAN PROPANE 9917 09/27/95 128. 57
008202 TIMESAVER OFF SITE SECRE 9918 09/27/95 67. 50
. 00013 TITUS/HELEN 9919 09/27/95 15.00
003560 TRACY PRINTING 9920 09/27/95 124.00
002700 US WEST COMMUNICATIONS 9921 09/27/95 1 ,048.92
.00014 . WORWA/STANLEY 9922 09/27/95 50.00
000830EE MEDICAL SERVICE .. 9923 09/27/95 14.29
FIRSTAR ST. ANTHONY CHECKING 53,591 .91
1
1
� .
°
------'-------- --- �� �T' ANTHONY VILLAGE
/15/95 10:21 Check Register GL540R-VO4'30 PAGE l
RANK VENDOR CHECK# DATE AMOUNT
____L-I. UN-7-_---'_-'___'__-004015 AMERICAN AMERICAN LINEN SUPPLY CO 8302 09/1.3/95 986'99
16__-_�ME�I�A@_�ISK-��E�VI(��S_'______
00402c':p APACHE PLAZA MERCHANTS 8304 09/13/9-5 2136'00
004293 BELLBOY CORP' 8305 O9/l3/95 27,74' /6
-QAQ COAST
TO COAST #997 8307 09/13/95 99' 47
004095 COCA COLA BOTTLING 8308 09/13/95 1 , 635'65
—_-8303-0-911349-5 -__-20..l8�__
004120 EAGLE WINE CO 831.0 09/13/95 193'50
004125 EAST SIDE BEVERAGE CO 831.1 09/13/9� 40,4/0-05
Q4135 FIFC _k���dy�8�_INC 2_l������� 62-�5_____'
004138 ERNIE"S CATERING 8313 (}9/13/95 17 ,240'43
004140 FLUSH DRAIN & SEWER CLNG 8314 09/13/95 89'00
____--.{lCUJ-Ol-_-__J7OC1!S--REW.S___-_-_ 8 Jl5_0-9./-l3/-3 -^3l.
004145 GANZER DISTRI8iJTORS INC 831.6 09/13/95 14 ,093 '40
. 000O� �RAIN�ER^ ZMC' /W . W ' 8�l7 09/13/9-1222. 59
5_ �ElIGGG_CDDPEFl_&_CO -INC-______--__-_l��l�L-D����/�l5-______6,1)9l_ll_____
004202 HENN CTY SUPPORT Q COLL 8319 09/13/95 240.85
004205 HOME JUICE CO 8320 09/13/95 1,94'40
'7"11_09_/JZ/� �-o-o___
��� ' 0O0O3 ZNSTY-PRINTS 8332 09/13/95 O�' Y
���
004220 3OHNSON BROS. LIU' 832-71O9/l83.131995 1 ,541 '08
2 °'l.92-58-_____
{)04225 KRAFT FOODSERVICE 8325 09/13/95 454 '65
0()4230 KUETHER DISTRIBUTING CO 8326 O9/l,3/95 32,635' 18
__�������L�_��[�A��EW��2E____�8 ��_�
004265 MARK VII SALES INC 832G 09/ lJ/95 14 , 584. /1
004272 METZ BAKING CO 83'29 09/13/95 -30.Z5
Z� �lIll���]��U��ZNE3��_2FlO0JC 8� 3-JlD_-___'
004290 MINNEGASCO 8331 09/13/95 252' 57
0042538 NORTH STAR ICE 8332 09/13/95 1 ,296'60
.��___-�0RJJ{EA�[EB ___8�3�_��/l3 lI_3O
OO4J35 NORTHERN STATES, POWER 8�34 09/ l3/95 l ,��Y ' ��
0043)45 OLD DUTCH FOODS INC 833S 09/13/9S l22 '93
_--_ O��3�- _E�\��UETZE MAI@TENAHC�, .Z�-__'__-�__8��6 -D9Ll�/!��-___--_-l-,OD6'-43____-
004355 PEPSI COLA COMPANY 8337 O�/l3/9� 778 '52
034360 PHILLIPS WINE C'y SPIRITS 837F., l3/95 3 ' 715.2q
004� -7 79
004� PU6LIC EMPLOYEE RETIREME GJ4O 09/ 1 5 4G' OO
004J8QUALITY WINE CC G34l O9/l3/95 260l . 66
�� _- -Q�}{ DZ2T�lZ�UTZ�� CO - 09/l�/9� _
0(-)4415 3AVOIE SUPPLY CO 8�43 09/l3/95 42 ' 49
THONY LI�UOR #1 G44 O /l9S 952 . 46 C 3/
O0440L -GT-A~LIQUOR #1 PC 8343O9/ l3/9S
- - _ 129l 'Ul_ _
0O4�35 CTAR T�I8UNE G346 09/ l3/95 3? 42
��� O04��� S7UART DI�T��6UTINC CO G347 09/ l3 /9� ')4 . 45
���/ '
~- 2O447� ' T�I TC� �I�PEN� #G ��4� �9/l3/�5 5�5. �3-- _
�04�80 T�JN CITY FILT�� ICE O349 09/ l3/ �5 l45 ' 44
BRC FINANCIAL. SYSTEM ST. ANTHONY VILLAGE
9/15/95 10:21 Check Register GL540R-VO4.30 PAGE 2
�ANYK VENDOR CHECK# DATE AMOUNT
--LI.QR—L1_QUDR-CHE_CEl hl G-AC.C-OUiJN T
004491 UNITED WAY £3350 09/1.3/95 10.00
-_--0 0.4454—.—WA1,11E-MANAGEMENT_ _BLAIN— 8351-09/1-3/.95_ 443._54__--
LIQUOR CHECKING ACCOUNT 167, 512.67 �*�
—BRC�FTNANCIAL SYSTEM �� `-- - ST. ANTHONY VILLAGE
21/95 09:23 Check Register GL540R-VO4.30 NAGE 1
-_BANtT VEENDORW_ - _..._.___.- CHECK# DA`T�E __ __ _ AMOUNT
LIAR LIQUOR CHECKING ACCOUNT
004009 AETNA LIFE & CASUALTY 8377 09/21/95 454. 17
004027 ARONSON/TIMOTHY 8378 09/21/95 48.00
00404.0 --BOYD-'H'OUSER--CANDY C-TOBA -^-- `8379'-09%21%95- 1 ,927 .94
004100 COMMISSIONER OF REVENUE 8380 09/21/95 687 . 10
004104 COMPUTER CHEQUE OF MN 8381 09/21/95 131 . 00
004112 DORUS%BROCE —_ - 8382 09121_f95-__ 48.00
004120 EAGLE WINE CO 8383 09/21/95 42. 57
004410 FIRSTAR ST ANTHONY BANK 8384 09/21/95_ __ 3,963. 57
004411 — TRSTAR Sfi ANTHONY-BANK— " _y�� 8385 09j21�95 15,000.00
004175 GRIGGS COOPER & CO INC 8386 09/21/95 11 , 526.03
004220 JOHNSON BROS. LIQ. _ 8387 09/21/95 4,506 .05
.00001 KARLSBURGER FOODS, INC. !8388 0921/95 !� 99.60
004225 KRAFT FOODSERVICE 8389 09/21/95 454.61
004231 LANGRIDGE/MIN 8390 09/21/95 65.00
004250 LUNDGREN/MATTHEW H.�W � 8391 09/21/95� WJ 48.00
004272 METZ BAKING CO 8392 09/21/95 41 .66
004357 _PARTY BELL ENT. 8393 09/21/95 _ 450.00
004360 PHILLIPS WINE & SPIRITS 8394 09/21/95 ��1 ,087.06
004376 PRIOR WINE CO 8395 09/21/95 1 ,748.93
004380 PUBLIC EMPLOYEE RETIREME8396 09/21/95 1 ,550. 30
004385 QUALITYyWINE CO -- - - __ _.__._____-•8397 092 1 '' ... _. 2,379. 50
004404 ST. A. LIQUOR #2 PC 8398 09/21/95 187 . 18
004466 SYSCO-MINNESOTA _ 8399 09/21/95 _ 334 . 81
0'04467 T'IM'S7TR4NSFER, TIVC. 8400 09%21/95 -. 894.50
IQUOR CHECKING ACCOUNT 47 ,675. 58 ***
Ground Breaking of The Arbors Development
The Mayor and City Council announce the ground breaking of The Arbors Townhouse
Development project located off Old Highway 8 by Rankin Road and Croft Drive. The
developer for the project is Arnie Gregory of Arnold Development.
The ground breaking is scheduled for October 3, 1995 at 5:00 P.M.
According to Mayor Ranallo, this development consists of 18 owner-occupied townhomes
valued at about $155,000 each. The Mayor stated that this development, when completed,
will bring in approximately an additional $45,000 a year in taxes and an additional $2.8
million to the valuation of the City. This additional tax money will be very important to both
the City and the School District. The School will receive approximately $16,500, the City
approximately $6,400, and the remainder goes to the County and Special Taxing Districts,
such as the Metropolitan Council.
CITY OF ST. ANTHONY
RESOLUTION 95-047
A RESOLUTION SETTING DATE FOR A
SPECIAL CITY COUNCIL MEETING
--WHEREAS, bids-for construction of the proposed.Community Center facility will be
received by the City and opened on Tuesday, October 17, 1995.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony
will award said bid and, in addition, consider any other business which may be required, at a
Special Meeting to be held on Wednesday, October 18, 1995, in the City Council Chambers,
at 5:00 P.M.
Adopted this day of , 1995.
Mayor
ATTEST:
City Clerk
Reviewed for administration:
City Manager
MEMORANDUM
•
DATE: September 26, 1995
TO: Mike Mornson, City Manager
FROM: Kim Moore-Sykes, Management Assistant
ITEM: AMC/MCIT/-MEDTOX Drug & Alcohol Testing Program
Contract and Participation Agreement
1. DRUG/ALCOHOL TESTING PROGRAM -- MEDTOX:
Attached is a copy of the contract and participation agreement from the Association
of Minnesota Counties/Minnesota Counties Insurance Trust and MEDTOX
Laboratories. Participation in their program provides the following services:
-- Random selection for drug/alcohol testing; '
--- Education and training of employees and supervisors to meet
requirements of the regulations;
-- A model alcohol/drug testing policy;
• -- Information employees should have about alcohol/drug testing;
--- Record keeping and statistical reports;
--- Blind specimen monitoring;
--- Updates on changes in federal regulations; and
-- Customer service assistance available 24 hours/day, 7 days/week.
a. Fees for participation are $250 annually; $46 per drue test, which includes:
-- $23 per lab test;
$20 collection site fee; and
$3 for Medical Review Officer (MRO) review. (An MRO is a physician
who reviews the results of the drug tests.)
While the City staff could oversee the testing program for the City's employees that the
federal Omnibus Transportation Act covers, it is more economically feasible to join this
consortium. As stated above, the MCIT/MEDTOX will take responsibility for most of
the record keeping, random selection, training and education of employees, specimen
collection and monitoring, and watching federal legislation for any revisions or changes to
this Act. While the City will have some record keeping responsibilities and will have to
provide information as appropriate to employees affected by the Act, many of the
federally required responsibilities are beyond the City's resources to provide individually.
In addition, both the Minnesota statutes and federal regulations prohibit employers from
• testing their own employees, thereby making it necessary to go to an outside testing agency
anyway.
As I reported in an earlier memo, Mary Beth Curry at AMC/MCIT said alcohol testing
• will be part of the MEDTOX Program and can be done either by a mobile unit called
MedWorks or at a collection site. For alcohol testing, Ms. Curry indicated that the mobile
unit is more convenient in that it can be done at the workplace so employees don't have to
go to a collection site (like they do for a drug test) or be transported to a collection site.
The charge per breathalizer test is estimated to be between $20 and $30.
I faxed a copy of the contract and participation agreement to Bill Soth for his opinion.
Bill has passed it on to Doug Christensen to review since he will be on vacation. Mr.
Christensen indicated that the contract and participation agreement are fine. I also asked
him about combining the City's current drug and alcohol testing policy with one to be
implemented for CDL employees. He indicated that we could not combine them, unless
we indicated that part A was for one group of employees and part B was for those
employees required to have CDL's for their job or position with the City. It was his
opinion that they should be completely separated so as not to cause any confusion.
Connie and I are working on putting a policy together for review by you and the City
Council. MCIT/MEDTOX provided a model policy and I have a sample policy from
Bloomington as well. They both are fairly similar and we are tailoring them to fit the
needs of the City as well as the requirements of the federal legislation. Once it is
complete, I will copy you and send a copy to Bill for his review as well.
•
MEDTOXIMEM rev.9/95
r
•
D
Druand alcohol In February 1999, rules extended these What are the
g testing requirements to other local va effective dates?
l eS�ing�Or government employees. Local govern- January 1, 1995 for those emplo}'-
ments nog+ must test any employee who ers++ith 50 or more commercial
commercial is required to have a commercial drivers.January 1. 1996 for those em-
driver's license (CDL)to perform a city plovers with less than 50 commercial
ate• job. The federal rule pre-empts the dti�ers.
iVers Minnesota state drug and alcohol
testing statute where it is inconsistent.
ELLE.-%,LO\GFELLONV.A-\D
The intent of the act and rules is to Which employees
must be tested?
K1c Lo,,-E1' provide for safer roads,airways and
A,y.N
tracks by removing drivers who are Any employee who has a CDL
impaired by alcohol and/or drugs. under Minnesota la...CDLs are k"
�.
Studies show that drugs and alcohol are required to drive commercial vehicles
he Federal Omnibus often contributing factors in traffic and to drive non-commercial vehicles if
IfTransportation Employee accidents. they are used for a few specific pur-
Testing Act of 1991 requires poses.CDL classifications under
drug and alcohol testing of Which employers are ?Minnesota Statute 171.02 subd.2
employees driving motor covered by these includes Class CC,Class B and Class A
vehicles in safety-sensitive rules? vehicles. Commercial vehicles include
functions. Prior to 1994,local govern- Any employer who has an employ- vehicles that weigh more than 26,000
menu were only required to do such ee that is required to have a CDL. pounds,carr.-more than 15 passengers
testing of their mass transit employees. and transport hazardous materials.
Non-commercial vehicles that require
CDLs include single unit vehicles with
hazardous waste endorsement,and
single unit vehicles with school bus
Not sure how to spell the last name of the endorsement for vehicles designed for
Eveleth Mayor? 15 or fewer passengers-including the
driver.Vehicles specifically exempted
(That's Vlaisavijevieh) from the CDL requirement are fire
trucks and emergency fire equipment,
whether they weigh more than 26,000 r:
Confused about the population of Tenny? pounds or not,while driven by an on-
(three) duty firefighter.
Need to mail a letter to Lakeville City Hall? What is a safety.
(20195 Holyoke Ave. Lakeville, 55044-9047) IQ
sensitive function?
The following on-duty functions ,
You need the League of Minnesota Cities 1995 Directory of Aare safety-sensitive:
Minnesota City Officials. It contains names of city officials and 0 When a driver is waiting to be
dispatched;
pa
department heads, city hall street addresses and zip codes, ®didisspat inspecting and servicing any
designation of plan A and Plan B cities, council meeting dates, commercial vehicle;
telephone numbers of city hall or city clerk, 1993 population 0 Driving time;
estimates, and legislative congressional districts. 0 All other time in a commercial vehicle,other than sleeping in a
For more information contact the League at (612) 490-5600 or sleeper berth;
(800) 925-1122. A When loading and unloading,or
supervising loading and unloading of
_ a vehicle;
•All time spent on requirements when
an accident occurs;and
9 All times ata disabk-d vehicle.
f '
4-4 What is a cifiy Who pays for the
required to d0? test? +m irn�� :+ucl stir bol , ill c nt} I ccs
e�'N cre•d he t l,e�e rule•.. All su n•rl i.nr•
Fiat. the cin mutt write a drug 1 hc• lctic•ral rt+lc•s+l(I 1)(11sl�ccif�y 1
Aand alcohol testing police. For �`, wht�1);t%!. lt„ the tests. Under and of iciak nrttst hu 1)1.( vidt-d c�i,h at
those of you who attended the 1443 state law (Nlinnc•srita Stank• 1SI.957,). least unc 11(3111'(1f trainin"on the sins
Loss Control Workshops.there were the cn,plmci pays l(,i the test. 'ncc and s%minoms 4drug and alc(Oitd �
three samples on pages 225-265 of the emplovcr Max I ctluirc the employee to ahu,e.
three-ring binder materials. For a copy pay for a retest if the•employee• '
of these samples, call the League's requests a rt.•-test. What possible �
Research Department at (800) Q23-
]122 or(612)490-560Second. the programs are there?
cin must arrange for alcohol tests G What use or conduct ('itics can work indepc•nde•n(h.
is prohibited +cith other local goyc•rnnrcnts. i
including authorized equipment and a p ivies that private cumith might offer
breath alcohol technician. Third. the Prohibiwd alcohol use when kp p g
cite must arrange for drug tests A. performing safety sensitive
related ser viccs.or with a consortium. I
including a collection site. a certified functions includes haying an alcohol Several consortiums already exist.such
laborator•and a medical review officer. concentration of.04 or greater. as the association of Minnesota
all employee drug and alcohol testing possessing and using alcohol while on Counties and the Minnesota Municipal
records are confidential and cannot be duty.and alcohol use four hours before Utilities Association.
released without the employee's going on duty. There are civil penalties with fines of
consent. Prohibited drug use when perform- $300 to S 10,000 a day against employ-
The following items must be in- ing safety-sensitive functions includes ers who do not comply with these rules.
eluded in the city's written drug and the use of any prohibited drugs: Cities should start planning for the
alcohol testing policy: marijuana (THC metabolite), cocaine, January 1, 1496 deadline. Please watch
O The name of the person who will amphetamines, opiates (including future issues of.11innesora Cities maga-
answer questions about the city's heroin), and phencvchdine (PCP). zine and the Cities Bulletin for more
program; These drugs are prohibited both on-or information. �l
O Which employees are covered by the off-duty.
testing program; The following conduct is prohibited: - Ellen Longfellow y f r Defense/Loss
O Information on safety-sensitive employee refusal to test and an Control Attorney for L.�CCIT.
functions; employer permitting operation of a Kay McAloney is Personnel Ad iisor
O What conduct is prohibited; vehicle with knowledge of prohibited for the League of Minnesota Cities.
0 When testing will be done; act by the employee.
0 What are the testing procedures;
A When employees are required to -
submit to tests;
A AN-hat the consequences are if an _- _ =-
employee refuses a test;
O Consequences of a positive drug,
Rond. Sales. ,
alcohol test .: - - �
0 Information on the effects of drugsJul, 1995 -
and alcohol use and intervention +
methods; `9. - - .
0 Each employee must sign a statement Date Maturity Municipality Amount,-Type Rating-
' .
ating NICE y
that they have received a copy of the 7-5 11 . Willmar $720,000. G.O. Refunding A 4.92 :_• ,�
policy. AV . 16 Fairmont 3_1380,000 G.Q. Bonds f.._ ; A 1 5.18:.1
7-10 11 Alexandria 280,000 G.O:.Bonds A 4.99: ':
When must 7-10 15 Little Falls 1,310,000 G.O. Bonds . Aaa
AMBAC
employees be 13, 15 Fosston 360,000 G.O. Bonds _ NR: 5.76 '_..
tested? 7-17 15 Montevideo 1,045,000:G.O, Improvement Baa 1 . 5.07
APre-employment,post-accident, ?:18 11 County of Swift 1,135,000'.G.O.Bonds . Baa 4.98'`,:::;;�•�f
reasonable suspicion,random, t '-
return to dot and follow u .18'-..,.16 Plymouth.-.-.. 2,235,000;GA Bonds Aaa 5.13:•'
y p'
7-24..., 16 Grand Rapids 11,345,000."�G.O: Bonds Baa 1 5.50
30400,000 G O School Building Aaa 5.94
•24 21 ISD 11284 , g
What kinds of tests Wayzata' :
are required? -25• 20 State of 215,000,000 G.O:Various Purpose`-- AA1: 5.34':.K*``;�
Minnesota
ABreath test for alcohol; urine test
for drugs. 7-31 - . 17 Blue Earth 11,010,000:.G O Improvement NR 5.64
7-31 10 Prior'Lake'. 950,000'G.O. Improvement A -4.82
S
• THE MINNESOTA COUNTIES INSURANCE TRUST
DRUG AND ALCOHOL TESTING PROGRAM
PARTICIPATION AGREEMENT
THIS PARTICIPATION AGREEMENT provides for the delivery of drug and
alcohol testing services by the Minnesota Counties Insurance Trust (MCIT) for the
City of St. Anthony, " Member.'
1. SERVICES TO BE PROVIDED
MCIT agrees to provide services to the Member in accordance with the drug and alcohol
testing service provider contract or successor contract, the current contract is attached
• hereto and incorporated herein as Exhibit 1. MCIT is not obligated to provide such
services should the drug and alcohol testing service provider contract be terminated or
cancelled.
2. SERVICE FEES
The Member will compensate MCIT in accordance with the fee schedule in ,ARTICLE IV
of Exhibit 1. MCIT will submit invoices to the Member on a monthly basis for services
performed under this Agreement. The Member will provide payment to MCIT within
thirty (30) days following receipt of invoice.
•
3. TERMINATION •
This Agreement may be terminated by MCIT or the Member upon thirty (30) day written
notice to the other party. The Member will pay for services provided up to the date of
termination.
4. MCIT ASSOCIATE MEMBER
The City of St. Anthony agrees to become an Associate Member of the Minnesota Counties
Insurance Trust (MCIT) to be eligible to receive the services provided in this Agreement.
The City of St. Anthony assumes no liabilities or obligations as an MCIT Associate
Member except as set forth in this Agreement. The City of St. Anthony agrees to pay
MCIT an annual administrative service fee of Two Hundred and Fifty Dollars ($250.00)
during the term of this Agreement.
•
IN WITNESS WHEREOF, MCIT and the City of St. Anthony have caused this Agreement to
be executed by the person authorized to act in their respective names on the date shown below:
MINNESOTA COUNTIES INSURANCE TRUST
Date:
Director
CITY OF ST. ANTHONY
Date:
•
Attest:
Date:
•
Exhibit 1
•
•
SERVICE AGREEMENT
ISIS AGREEMENT, made and entered into this 27th day of December, 1994, between
the Minnesota Coudes Insurance Tnmst, hereinafter referred to as MCTT, and Medtox Inc.,
' huvbmfter referred to as Medtox.
ARTICLE I PURPOSE
1 PURPOSE
The MNMOTA COUNTIES INSURANCE TRUST(MCIT)is a joint powers organization
created pursuant to Minnesota Statutes Section 471.59 and 471.981. MCIT provides a means for
Minnesota Counties and related entities to self ins n workers'compensation,property and casualty
and employee benefits through a pooling arrangement. MCIT also provides its members with risk
management services to help assure compliance with state and Weral rules and regulations.MCIT
desires to secure the services of Medtox to assist its members and members of the Association of
Wnnesota Counties(AMC)in complying with the federal rules for drug and alcohol tenting. The
purpose of this ent is to set forth the duties and ob ons of the •
PmP �� parties.
ARTICLE It- SERVICE CENTER AND PERSONNEL
3 SERVICE CENT) R AND PERSONNEL
11 SERVICE CENTER
Medtooc shall melatsin a penpal Service CenW in the Stale otbihmeeota f 000s+dieef
the ddvasl►ofsarvloes pe+ovlded WWW the teems oftlds Agreenud
2
• 2.2 PERSONNEL:
Medtox agrees to assign competent personnel to perform those tasks necessary to provide
the services specified in this Agreement. Medtox shall make certain that its staff possesses
the necessary professional background, experience and on-going training to provide the
services described in this Agreement. MCIT will be advised of the identity and qualifications
of all professional personnel providing direct services to MCIT.
ARTICLE In- SERVICES TO BE PROVIDED
3 SERVICES TO BE PROVIDED
3.1 Collation Sita-Medtox shall establish collection sites/clWo throughout the We
to collect urine spas for drug teats.Medtox shall pem*members to make
independent erraageow"I with cllnlcs as coliecdon sites annd show such cmt es to
.purchase other services pursuant to this agrees
s
3.Z Supplies-Medtox will provide Members with all suppge moessary fbr the
conwdon ofmrine spec Wnsm,inc.hft but not limited to,specimen, with
i uhucdon4 labels, order VWms, chain of custody Bans and prepaid overaWl
ootnier a�ppdes.
3
3.3 Testing laboratory - Medtox shall conduct an actual analysis of the specimen ,
provided by the collection site/clinic, using an immunochemical method, to
determine the presence or absence of the following drugs:
3.3.1 Marijuana
3.31 Cocaine
3.3.3 Amphetamines
3.3.4 Opiates
3.3.5 Phencyclidine (PCP).
At the request of the Member,Medtox shall screen for additional drugs.
Medtox will automatically confirm by Gas ChroasatographyftA&u
Spectrometry'(GCJMS) ag presumptive positive results fitom screening of
the drugs awned above. The level at which a positive remult is confirmed
shall be according to SAMHSA standards for the respective drugs. Medtox
will report ali teat remb to the dedo naiad Me ed Review Officer within
saventy-two(72)hours of receipt of the urine specimen. AD results wU be
reported either negative or positive without mu ndc al values
3.4 Chain of CssWdy--Medtox shall maintain proper chain ofwatody controls
duriag.ali testing and/or handling of urine specimens and proper chain of
custody do tmnntation. Medtoxwm retain custody ofaey oohed
podthl specimens tmderproper chain ofeustodyw d secured itch kmsted
conditioa u per SAM SA regulation&
4
3.5 Medical Review Officer(MRO) - Medtox shall arrange for Medical Review
Officers to independently review drug test results received from the testing
laboratory and report results to the member. The MRO shall protect employees
from false-positive results due to collection or chain-of-custody.difficulties,
technical inaccuracies, or drug interactions. The MRO should ensure that no
legitimate medical use of drugs gets reported to the member as an unacceptable
positive result Before reporting a positive result to the member,the MRO shall
give the indWual an opportunity to discuss the test result. The Medical Review
Ot$cers shell be licensed physicians. Medical Revlew Officer,services shall include
but not be limited to the following Auxdons:
3.3.1 Receive end review test results flomthe laboratory.
3.5.Z Review certified copies of chain of custody Corms.
3.5.3 Report negative remits to dedpaed member personal.
3.3.4 Interpret positive rauk&
3AS Conduct confidential medical latervim with positive tested W Mdutls. '
3A6 -Consult with collection site tad labomtory persona&
3A7 Request quertdtadve s rAk ifneeded.
US Order analysis otsptit speeinusi if requested.
3.5.9 Ddanime wl etberpad*e tests ire the result ofprmf bed or iiiiclt drW
3.810 Ropat mo is of vended posltive test to dedntted m=W ptcaomlI.
3.5°11 St=all po:ltive resuha tin Clue (5)years.
3.3.11 Orderbind spechm testing as needed
5
3.5.13 Assist members with post-accident testing requirements.
The Medical Review Officer shall also assist members in conducting random, unannounced
drug and alcohol tests. Unless changed by DOT, the total number of drug tests conducted
each year must equal at least 50% of the safety-sensitive driver positions. Random alcohol
testing must be done at a minimum annual rate of 25% of the average number of safety-
sensitive driver positions. These tests must be spread reasonably throughout the calendar
YM. Meanbers should be given the opporhmity to conduct the random selection through
participation in pools or consortia,in which the member of drivers to be tested may be based
on the total nuanber of subject drivers covered by the pool.
&6 Alcohol Testing o Medtox shall assist as In the development of procedures to
comply with federal and/or state regulations for alcohol testing. Such assistance
sLa11 include but not be limited to:
3.6.1 Demotion oftestinWoollection sites.
3.6.2 Selection and procu meat ofEvWkntWBmA Testing Devices, if
necessary.
s
3.6.2 Selection of alternative alcohol testing methods as Owed by Word cc
state regulation.
3.6.4 Dedgmtbn ofea dfied Breath Alcohol Tecbntdens-
3,7 �seord ICeepmg sad sperb- 14fedtox ahs11 waist mambece In dev9oping sad
maig record,and Pesp�B���N�by�desal of state n
6
These records and reports shall include, but not be limited to:
3.7.1 Verified positive drug and alcohol tests.
3.7.2 Refusals to submit to tests.
3.7.3 Required calibration of Evidential Breath Testing Devices (EBT's).
3.7.4 Annual calendar year summary.
3.7.5 Records related to the collection process and required training.
3.7.6 Negative and cancelled drug and alcohol test.results.
3.8 Periodic StatisdW Reporb -Upon the request of the member,Medtox will
provide, on a monthly or quarterly basis as requested by the member, a statistical
report of the test results during the reporting period, to include the following:
3.&1 The member of spedmeaa tested during the reporting period.
&LZ The mrmber of spedmens tested posirive.
3.8.3 A bmkdowa of positive zrewlta indkadag the drug ibr which positive
results were obtained.
&M Abreakdown ofrwAs par test category;Le.,prpost-
acddect, madam
3.9 Zqx t Witnew Teatimony- Me&=WM provide*Tes witness
iy lfregw"by the member.
MO Zdn and hubibS-Medtaoe shag pr+ovlde education and training to mnnbm
rewmac%their obOp ions under ibdm and state reguladioa hfa&=and MCIT
7
shall agree to the number and location of training, as well as the content of the
6 8
meetings. Meetings shall include both regional sessions and selected on-site member
meetings.
3.11 Update of Rules and Regulation-Medtox shall inform and update members
regarding any revisions to federal or state rules and regulations concerning drug and
alcohol testing requirements.
ARTICLE IV-COMPENSATION
4 COMPENSATION
Medtox dun be compensated in accordance with the following the schedule:
4.1 Latboratory Toting Feb
4.1.1 Fero Drug DOT Panel-
bdug"OSx A=Pw, PCP, THC(100
WMI)
4.LZ Drup.ofAh=Stasis(son-MproBm=)
4.1.2.1 Five Drug Panel-I
bdusivo&W A=b4am1ae4 Cbafr0. O*e4 PCP. THC
(104 ng/rni)
4L1.2.2 64.DrngPaoei-zm
I=biu w drW tobedetan&W.
8 I
4.1.2.3 9-11 Drug Panel - $26.00
Inclusive drugs to be determined.
4.2 Additional Service Fees
4.2.1 Specimen Collection-SO.00 each
4.2.2 Location and Coordination of Collection Facilities-
No Charaz
4.2.3 Training and Coadwd Monitoring of Collecdon
Fadlitiea-
.M OAMS
4.%4 Split Specimen Colleetlon Kits-
4.2.5 Automatic Ide ntiScadon of 6-Monoacotylmorphine.
4.2.6 Automatic 3n and Id
eparatio eadScation of d d;1
meth
"I Ability to Idea ft and Confirm
UdnAl"GhatmWebyde.
4AS Teatime Cugtmw SerAw and Prd Staff
s
Available?A-Hour a Ihyo 7 Days a Week•Na
"9 Cysto Wzed Stati#W RVortb•140 ChAM
4=0 Modica,fto w Offim Se: *ak spoeio=
,•a�.�
"11 Expert Wam"T
9
Phone Discussions -.No Charge.
Subpoenaed testimony to support the integrity of results -
No Charge bevondgexpeeses
Expert testimony not directly related to the results in question
- l 2S oar hour Rhus agWW �'*;+..S
4.112 Employee TMWM-NO DOT mandated suparvisor training iwolviag two(2)hours an substance and
alcohol a m r V Sdtion-Nn�owes=O
Additional arid=bled at 2].90 in UUIM
4.3- Terms of Pgment-Madtwe shill subadt invdces to MCIT an a
monthly beds for services permed varier this rwOI a
shell Itad a hes by MCIT or AMC n%znba. MCIT will provide
payna t whbia tbrty-Sve(4S)dap Sol OVft recdPt of bWc k
I'aysnent by M=does notwd"MCM right to d*O to chafes
s
latw oto bd Ope�� r
10
ARTICLE V - RECORDS AND FILES
5 RECORDS AND FILES
5.1 MCIT Access and Ownership
At all tines during the term of this Agreement and for a period of three (3)years following
any termh ation or expiration,MCIT,its attorneys and other representatives, as.authoriaed
by MCTr, shall have acoess to records and files maintained by Medtox fbr MCIT and each
MCIT member or applicant during normal budness hours. All records,books and$les
relating to the operations and business of MCTr are the property of MCTr. As custodian of
these documents,Medtox,shall comply with an applicable requirements of the Minnesota
Governmental Data Practices Act,includins but not limited to the MQ I r ts orILS.
13.61 or dmffar state or Ward laws.
S.2 Care of Data
Medtox shall tame an steps necessary to atf uatd data„ ffies, reports or other 1, It utionn
fh as lou►destruction or eras m Lability for cost or aocpeose ofrbPlaft or datenages
r torn the lou of such data shall be borne by hfahm unless at the time of loss, said
dstawu in the cubsive custody of M=.
�Coat�esatfallb► '
Medtox ggrm that inbrmadon related to dmS and alcohol services p wide9d under
11 .
this Agreement shall be kept confidential and shall be used only in connection with the
performance of duties for members. In case of a conflict between this paragraph and the
Minnesota Data Practices Act or sirn lar state of federal law, the Minnesota Data Practices
Act or similar state or federal law shall govern
12
ARTICLE VI- NON-COMPETITION AGREEMENT
6 AGREEMENT NOT TO COMPETE
Medtox and its subsidiaries through their acknowledgment by signature agree during the
term of this Agreement, unless waived by MCIT, and for a period of four years after
termination of the Agreement,unless MCIT agrees in vn itiag to a shorter period, not to
compete in the State ofMnaesota with MCIT or.AMC by markWV or offering 1.) any
similsr program of coverage or services provided by MCIT or 2.)the services provided
within tWs agreement to MCIT or AMC members who are or were aaernbers of MCIT or
AMC at nay tame during the term of this agreement. Medtax and its mbcontractors agree
not to use nay records,ffies or data developed or.maiamined as a result of this apvemamt
fbr any purpose other than to provide services listed In this Agreemea
13
ARTICLE YII - TERM AND TERMINATION
7 TERM AND TERAUNATION
7.1 Contract Term
The term of this Agreement shall commence on October 1, 1994 and shall continue in Hill
force and efct except as stated below until December 31, 1998.
7.2 Termination
Either party may terminate this agreement upon sixty(60)day written notice.MCIT may
terminate this agreement immediately upon a msdor breach in service or duty by Medtox.
7.3 Renewal Rates
Medtox wig subaoit any proposed change is rates in writing to MCIT atxty(60)days
prior to the date oftermination., Rate change becomes effctive on the date that it is
aooepted inwridag by MCIT;during the iateft the old rate Is applkabla
14
w
ARTICLE VIII. INTERPRETATION OF AGREEMENT
8 INTERPRETATION OF AGREEMENT
U POOL BOARD'S POLICY
In the event of any disputes or questions as to enact nab, or extent of services to be
provided under this Agreement,the parties hereto shalh look to the record of the MCIT
Board's policy decisions and other relevaat fhcts and ckmunstances as the frame of
ref ince for guidance and clarification as to said dispute or questions.
15
ARTICLE IX. INSUR.ANCE/INDENINIFICATION w
9 INSURANCEANDEMNIFICATION
9.1 Errors and Omissions -Medtox shall maintain errors and omissions liability
insurance with limits of liability of at least$1,000,000. Medtox will continue
to maintain such insurance with such limits during the term of this
Agreement and will provide MCIT with certificates evidencing such
coverage within thirty (30)days of the execution of this Agreement.
Medtox shall notify MCIT within ten(10)days of any chainge or cancdlation
of errors and ondsdon coverage.
9.2 Other hunrance-At all dam during the term of this Agreaaeat.
Medtox d"malwain Gerwal Uabft Automobile Uabilky.
Fidelity and,Worked Compoasstlon. CUdAMtea of insurance
coverage mall be provided to MM upon request.
s
9.3 rndemnitieatfoa o Medtox warraats that Me&Ws drug and alcohol
tesdng policiek proce&m and practices do and wlll at all times,
oomply whiff laws,ndes and regnladoons. to
c na ddendo9n of M=u ;fig Medtc& drug and alcohol tesdag
P ogram Medtac agrees to defbnd,indemni*and hold MCIT and
16
AMC and their officers and employees harmless from all loss, cost
and expense (including court costs and attorney's fees)resulting from
claims arising from the failure of Medtox's drug and alcohol testing
policies, procedures and practices to comply with any applicable
goverruncatal laws, rules and regulations, and from any act or falure
to act in connection with Medtwes performance under this
Agree'Mect• MCIT agrees to Indema*j defend and hold Medtox and
its directors, offICOM agents and employees harmless Sora any loss,
cost and eVense(including court costs sad attorney's foes) to
Medtox, Arising out of or resulting g om MCrrs neg%enco with
respect to the test results aft they are received by MCTr or AMC
members ftom Medtox
}
17
ARTICLE X. MISCELLANEOUS
10 MISCELLANEOUS
10.1 Certification-Medtox represents and warrants that it is in compliance, and
will condaue to comply dieing the term of this Agreement with federal and
state lave, rules and regulations applicable to the Iicensure and operadoa of
drug tuft services. Upon request of MCIT.Medtox agrees to provide
MCIT documentation regarding&=surdaccreditation.
10.2 Subeontraetors-Medtox shall not subcontract any of the services which it
is to provide wWwut the express written approval of MCIT.
10.3 Independent Cont metor-Medtox is aocprodyfbrbidden to act hbr MCIT
in any other c1pw1% or to represent it Win any mumm as an agent of
MCIT,eowoundw the terms hereof Dudng the term of this Agreeawd
MedtO4 sad Me&&$erapiayee(abe oonsidered tad sat as an
iadepaademt contractor and span not be considered as easployee(s)of MaT
oc AMC. Medtaoc" wish an labor required to Offirm the services sad
wlll ha"M control and dtro *m am the method sad mamxr of
per�rm�tbo:a setv3oes.
18
10.4 Authority and Freedom from Conflict - Medtox represents and warrants
to MCIT that:
10.4.1 Medtox has the lawful authority to enter into this Agreement and is
free of any obligation or restriction that would prevent it from
entering into this Agreement, create any conflict of interest or impede
its performance hereunder.
10.4.2 Medtox will not enter into any other agmenient, undertake any
obligation or commit any act which would pmvent its performance or
limit the rights of MCTT, AMC,or their members hereunder.
10.5 Non-Waiver and Cumukdon of Remedies -The lure by either party at
time to eadbrce of the provisions of this or or
m'sY �Y P �y
remedy available hsmndw or at law or in equity,or to a anise aq option
heroin provided, shall not constitute a waiver of such provision, right,
remedy or option or in any way acct the validity oftbis Agreenent. The
waives of my definit by r party"not be deemed a cornicing
wshw,but shall apply sol*to the Instance to which suet waiver L
directed. The reinedles provided under this Agraeownt shall be cumulative
and not alternative,and the election of any case reaudy fbr breach shall not
preclude the pursuit ofodw remedies.
19
10.6 Entire Agreement - This Agreement embraces the entire Agreement
between the parties. No oral agreement or representation concerning this
Agreement shall be binding.
10.7 Choice of Law and Venue -This Agreement shall be governed by and
interpreted,construed, and enforced in accordance with the laws of the State
of I inrimta. Any action arising out of or relating to the A,greem=4 its
performancA enforeement or breach,will be veaued in a stage or federal
court situated within the State of Minnesota,and Medtox and its sureties and
guarantors hereby irrevocably consent and submit themselves to the personal
Jurisdiction of said court for such purposes.
10.8 Seva°abi8ty-Svesy provision ofthis Apumant shall be construed, to the
ext cut powllq so as to be valid and aa%reaabla If anyproviaion of this
mareenaft so construed is held by a count ofoompeteat judkUc;donto be
WaK ilbgal,or otZtawim uaerA-rceabJet such provision sW be deemed
severed Siom tide Agreanew, and al other p viWo= remain in 0&
ibrce and efct.
10.9 AnIpment-Nehbw lhdtwc act MCPTnW sedandelegate of otherwise
tranlntHs Agreomw or nay ofits ruts or cbspdom hwounder without
the prior wriaan consent of the otber, which000soart shailnot be
20
unreasonably withheld, except that claims for money due or to
'become due to Medtox under this Agreement may without such
consent be assigned to a bank,trust company or other financial
institution
10.10 Amendments- This Agreemeat may be altered, extended waged
or amended In writing by=tual agroetnent of the parries halo
when dated and attached hereto without altering the other tam of
this
10.11 Notice-Nottoe to be given hereunder by either party to the other sW be in
' and be eMctuated ofU.S. CerdSed Return
wrtt3�g tt�y by de3iveayy �
Receipt Requested. Notice heramder snail be PAMe t if prop* .
add-reaaed and trade to: •
BUMMX LARORATORMS 3ONNZSOTA INS MANCZ TRUST
402 Wen!County Road D 125 Chades Avon }
St. Paul,iota St.Paul,Mnaesott SSW
21
IN WITNESS WHEREOF, MCIT, Medtox have caused this Agreement to be executed by the
person authorized to act in their respective names on the date shown below:
Minnesota Counties Insurance Trust
1B
Zitlo:
DaW:
Medtoz Labomtodes Inc-
}
Tula. `
ZZ
CITY OF ST. ANTHONY
RESOLUTION 95-048
A RESOLUTION APPROVING PARTICIPATION IN A
DRUG AND ALCOHOL TESTING PROGRAM AND AN
INDEPENDENT TESTING LABORATORY
WHEREAS, the City of St. Anthony has an interest in protecting the health and safety of its
employees and the public; and
WHEREAS, the City is committed to a drug and alcohol-free workplace as set forth in
Minnesota Statutes, Chapter 181 and the Federal Drug-Free Workplace Act of
1988; and
WHEREAS, the City will not tolerate drug and alcohol use, possession, manufacture,
distribution, for sale or transfer of drugs, alcohol or drug paraphernalia while
the employee is working or while the employee is on the City's premises or
operating City vehicles, machinery or equipment, except pursuant to a valid
medical prescription or when engaged in approved lawful activity; and
WHEREAS, the City is federally mandated to test for drug and alcohol use of all employees
who are required to have a commercial driver's license for the performance of
their position with the City with the exception of emergency services personnel.
NOW, THEREFORE, BE IT RESOLVED that the City has agreed to participate in the
Association of Minnesota Counties/Minnesota Counties Insurance Trust/Medtox Drug and
Alcohol Testing Program with Medtox Laboratories as the independent testing laboratories, to
meet its lawful obligation under the Federal Omnibus Transportation Employee Testing Act
and the U.S Department of Transportation Regulations 49 C.F.R., Part 3.82.
Adopted this day of , 1995.
Mayor
ATTEST:
City Clerk
'! Reviewed for administration:
City Manager