HomeMy WebLinkAbout12. 21-567NOVEMBER 23, 2021 21-567 RESOLUTION
(CARRIED___6-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE AGREEMENT BETWEEN THE CITY OF OSHKOSH &
AREA TOWNSHIPS TO PROVIDE AMBULANCE SERVICE (2022-
2026)
INITIATED BY: FIRE DEPARTMENT
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
attached Agreement between the City of Oshkosh and the towns of Algoma, Blackwolf,
Nekimi, Omro, Poygan, Rushford, Utica and Winneconne and the Village of Winneconne
and City of Omro for Ambulance Services is hereby approved and the proper City
officials are hereby authorized to execute and deliver the agreement in substantially the
same form as attached hereto, any changes in the execution copy being deemed approved
by their respective signatures, and said City officials are authorized and directed to take
those steps necessary to implement the terms and conditions of the Agreement.
TO: Honorable Mayor & Members of the Common Council
FROM: Mike Stanley, Fire Chief
DATE: November 9, 2021
RE: Agreement between the City of Oshkosh and area townships to continue
providing ambulance service.
BACKGROUND
The Oshkosh Fire Department provides ambulance services to ten cities, towns, and villages in
the surrounding area. The existing agreement is expiring at the end of this year. A successor
five-year agreement has been presented to and agreed upon by each municipality in the service
area.
ANALYSIS
The agreement continues to be mutually beneficial to the City of Oshkosh and the participating
municipalities. The successor agreement does not have substantive changes. Verbiage changes,
an updated response time metric, and a return to a five-year agreement are the only
modifications.
FISCAL IMPACT
An annual per capita charge is calculated for each municipality based on the costs associated
with the provision of emergency medical services. In addition to the recovered per capita costs,
the Oshkosh Fire Department also bills the patient that was transported from each municipality
as well. The per capita fees that are assessed and the revenues from patient billing return to the
general fund and assist in offsetting the costs associated with providing ambulance services.
RECOMMENDATION
The recommendation would be that Common Council approve this agreement to provide
ambulance service to the ten cities, towns and villages. This will allow us to continue providing
a high level of service to our surrounding communities.
Respectfully Submitted, Approved:
Mike Stanley Mark Rohloff
Fire Chief City Manager
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AMBULANCE SERVICE AGREEMENT
This AGREEMENT for AMBULANCE SERVICE is made and entered into by and
between the CITY OF OSHKOSH, a Wisconsin municipality with its principal offices
located at 215 Church Avenue, Oshkosh, Winnebago County, Wisconsin 54903-1130
("CITY"), and the TOWN OF ALGOMA, a political subdivision and body politic of the State
of Wisconsin, with its principal offices located at 15 N. Oakwood Road, Oshkosh,
Winnebago County, Wisconsin 54904, the TOWN OF BLACK WOLF, a political
subdivision and body politic of the State of Wisconsin, with its principal offices located at
380 E. Black Wolf Avenue, Oshkosh, Winnebago County, Wisconsin 54902, the TOWN
OF NEKIMI, a political subdivision and body politic of the State of Wisconsin, with its
principal offices located at 3790 Pickett Road, Van Dyne, Winnebago County, Wisconsin
54979, the TOWN OF OMRO, a political subdivision and body politic of the State of
Wisconsin, with its principal offices located at 4205 Rivermoor Road, Omro, Winnebago
County, Wisconsin 54963, the CITY OF OMRO, a political subdivision and body politic of
the State of Wisconsin, with its principal offices located at 205 South Webster, Omro,
Winnebago County, Wisconsin 54963, the TOWN OF POYGAN, a political subdivision
and body politic of the State of Wisconsin, with its principal offices located at 8693 Town
Hall Road, Winneconne, Winnebago County, Wisconsin 54986, the TOWN OF
RUSHFORD, a political subdivision and body politic of the State of Wisconsin, with its
principal offices located at Eureka, Winnebago County, Wisconsin, the TOWN OF UTICA,
a political subdivision and body politic of the State of Wisconsin, with its principal offices
located at 1730 County Road FF, Oshkosh, Winnebago County, Wisconsin 54904, the
TOWN OF WINNECONNE, a political subdivision and body politic of the State of
Wisconsin, with its principal offices located at 6494 County Road M, Winneconne,
Winnebago County, Wisconsin 54986, and the VILLAGE OF WINNECONNE, a political
subdivision and body politic of the State of Wisconsin, with its principal offices located at
Winneconne Municipal Center, 30 S. First Street, Winneconne, Winnebago County,
Wisconsin 54986, (collectively referred to as “SURROUNDING COMMUNITIES”).
WHEREAS, SURROUNDING COMMUNITIES desire to provide emergency
medical services to their citizens, pursuant to Chapter 256, of the Wisconsin Statutes,
and Chapters DHS 110 of the Wisconsin Administrative Code, as amended from time to
time, as may be applicable herein, through contract with CITY; and
WHEREAS, CITY has indicated a desire and willingness to provide such services
to SURROUNDING COMMUNITIES.
NOW, THEREFORE, for and in consideration of the mutual agreements herein
contained and other good and valuable consideration, CITY and SURROUNDING
COMMUNITIES agree as follows:
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1. DESCRIPTION OF SERVICES: CITY shall provide emergency ambulance
service in SURROUNDING COMMUNITIES. For purposes of this agreement,
"emergency ambulance service" shall be defined as that ambulance service which is
necessary to respond to a condition that in the opinion of the person, his/her family or
whoever calls for and/or attends to the person, requires immediate medical attention, but
shall specifically exclude non-emergency transfer calls. All ambulances shall be
equipped to provide Advanced Life Support Services.
2. TERM: The term of this agreement shall commence at 12:00 a.m. on
January 1, 2022, and shall continue until 11:59 p.m. on December 31, 2026, unless
terminated as provided in this agreement.
3. EQUIPMENT AND STAFFING OF AMBULANCE: CITY shall be
responsible to obtain, house and maintain a sufficient number of fully equipped and staffed
ambulances to reasonably assure response to requests for emergency medical services
covered by this Agreement or to request mutual aid for response as required. Responses
to the SURROUNDING COMMUNITIES should occur within twenty (20) minutes not less
than ninety percent (90%) of the time. For purposes of this Agreement, a one-level system
of emergency ambulance service, staffed by paramedics as defined by Sec. 256.01 (14)
Wis. Stats., shall apply.
4. PAYMENT AND BILLING: Ambulance Services. The CITY shall be solely
responsible for invoicing and collection of all fees for ambulance service pursuant to its
schedule of costs, including mileage.
Per Capita Fee Surrounding Communities: SURROUNDING COMMUNITIIES shall pay the
CITY, an annual per resident fee, based on populations indicated by the most recent
Wisconsin Department of Administration Municipality Population Estimate. The per
resident fee shall be calculated annually based on the net operating cost of ambulance
service, divided by the total population of the service area (City and Surrounding
Communities).Prior to each year of service, the CITY shall provide the SURROUNDING
COMMUNITIES, with the estimated per resident fee to be charged for the following year
of service, based on the preliminary budget, by September 1st. This fee shall be invoiced
to the SURROUNDING COMMUNITIES by October 31st of each service year and shall
be paid on or before February 15th of the year following the year of service. (e.g. Estimated
per resident fee provided to surrounding communities by September 1, 2021 for the 2022
year of service, invoice sent October 31, 2022, fee due February 15, 2023.)
Upon reasonable request, or annually by September 1st of each year the CITY shall
submit incident response data to include but not limited to; response times, average
response times, and transport information to each of the SURROUNDING
COMMUNITIES.
5. LIABILITY AND HOLD HARMLESS: Subject to any limitations contained in
Secs. 893.80, 893.83, 345.05, and any similar statute, of the Wisconsin Statutes, the City
of Oshkosh agrees to hold each of the SURROUNDING COMMUNITIES, its officers,
officials, employees and agents harmless from any and all liability, including claims,
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demands, losses, costs, damages, and expenses of every kind and description (including
death), or damages to person or property arising out of the terms of this Agreement where
such liability is founded upon or grows out of the acts or omission of any of the City’s
officers, employees or agents while acting within the scope of their employment.
Subject to any limitations contained in Secs. 893.80, 893.83, 345.05, and any similar
statute, of the Wisconsin Statutes, each of the SURROUNDING COMMUNITIES agree
to hold the CITY OF OSHKOSH, its officers, officials, employees and agents harmless
from any and all liability, including claims, demands, losses, costs, damages, and
expenses of every kind and description (including death), or damages to person or
property arising out of the terms of this Agreement where such liability is founded upon
or grows out of the acts or omission of any of SURROUNDING COMMUNITIES’ officers,
employees or agents while acting within the scope of their employment.
It is the intention of the parties to this Agreement that each party shall be solely responsible
for its own actions and activities and the actions and activities of its own officers,
employees and agents while acting within the scope of their employment. Further, it is the
intention of the parties to this Agreement that each party shall be entitled to rely upon the
municipal limitations and immunities available under Wisconsin law, including but not
limited to section 345.05, 893.80 and 893.83 of the Wisconsin Statutes and that such
damage limits, caps and immunities shall be used to govern all disputes, contractual or
otherwise, as they apply to the parties, their agents, officers and employees.
6. SERVICES AND SUPPLIES: CITY shall provide services and supplies for
emergency use as hereinafter defined as necessary, and may establish a reasonable
charge to the ambulance user for providing such services and supplies. For purposes of
this agreement, supplies for emergency use shall be defined as those medical supplies
which are essential for the personnel who are staffing ambulances used by Provider to
provide adequate care for the critical emergency scene and during transport to medical
facilities, including, but not limited to the following: (a) Intravenous infusions, (b)
Medications, (c) Heart Monitoring, (d) Oxygen, (e) Disposable blankets, (f) Universal
dressing, (g) Sterile gauze pads, (h) soft roller-type bandages, (f) adhesive tape.
City shall replace those supplies used by first responders to treat patients. City shall bill
patients for such supplies.
7. RE-EVALUATION OF CONTRACT, TERMINATION: The parties understand
that this is a contract of definite term. It is understood that in the event of non- renewal, the
parties may need time to make alternative arrangements. The parties shall evaluate the
services provided under this Agreement during the month of September of each year.
Agreed-upon changes would commence on January 1 of the following year. Any party(s)
may terminate this agreement by written notice to all other parties delivered by first class
mail to the town and municipal clerks, postmarked no later than October 1 of any year.
Termination of this contract by any of the undersigned parties, shall result in calculation of
the per capita fee among the remaining parties in the agreement.
8. AMENDMENTS, FULL TEXT OF AGREEMENT: All agreements and
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understandings have been embodied in this Agreement and no changes will be made
herein except in writing and duly signed by the authorized representatives of the respective
parties.
9. FIRST RESPONDER PROGRAM. The SURROUNDING COMMUNITIES
will maintain a first responder program to assist CITY response in the SURROUNDING
COMMUNITIES. The program will follow the State of Wisconsin emergency medical
service training guidelines, as may be amended from time to time, and shall include an
automatic defibrillator program.
10. NO THIRD PARTY BENEFICIARIES. This agreement is solely for the
benefit of the parties to this agreement, and it is not intended to benefit any third party.
11. ENTIRE AGREEMENT. This Agreement, constitutes the entire agreement
between the parties, and any other prior understandings or representations made by any
party shall not be binding on any other party unless incorporated within this document or
a written amendment thereto.
(Signature Pages to Follow)
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IN WITNESS WHEREOF, the parties have executed this agreement as follows:
Dated this day of , 2021.
CITY OF OSHKOSH
Mark A. Rohloff, City Manager
Pamela R. Ubrig, City Clerk
APPROVED AS TO FORM:
City Attorney