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HomeMy WebLinkAbout03-446.docOCTOBER 28, 2003 03-446 RESOLUTION (CARRIED 5-1-1P LOST LAID OVER WITHDRAWN PURPOSE: APPROVE AGREEMENTS FOR AMBULANCE SERVICES/ SURROUNDING MUNICIPALITIES/AURORA HEALTH CARE INITIATED BY: CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement with the towns of Algoma, Blackwolf, Nekimi, emro, Poygan, Rushford, Utica, and Winneconne; Village of Winneconne; and City of emro 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. BE IT FURTHER RESOLVED that the attached Agreement with Aurora Health Care for payment of financial support to the City of Oshkosh ambulance services to the surrounding communities 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. AMBULANCE SERVICE AGREEMENT This AGREEMENT for AMBULANCE SERVICE is made and entered into this day of ,2003, 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 BLACKVVOLF, 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 Section 146.50, of the Wisconsin Statutes, and Chapters HFS 110 through 113 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: 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 attend 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, 2004, and shall continue until 11:59 p.m. on December 31, 2008, unless terminated as provided in this agreement. 3. EQUIPMENT AND STAFFING OF AMBULANCE: CITY agrees to possess, house and maintain a sufficient number of fully equipped and staffed ambulances within the City of Oshkosh to assure response from time of dispatch to all requests for emergency medical services covered by this Agreement within fifteen (15) minutes to not less than ninety percent (90%) of all requests for emergency medical services covered by this Agreement. For purposes of this Agreement, a one-level system of emergency ambulance service, staffed by emergency medical technicians - paramedic, as defined by Sec. 146.50(1)(h), 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. CITY will implement a non-resident ambulance fee of $150.00 for each non-resident of the City of Oshkosh transported by a City of Oshkosh ambulance. Per Capita Fee for Surroundin.q Communities. SURROUNDING COMMUNITIES shall pay to CITY the sum of $8.75 per community resident, based on population estimates of Winnebago County Clerk. The per resident fee shall be adjusted annually based on the cost of living index for the 12-month period beginning September 1 through August preceding the calendar year. At the end of each calendar year of this agreement CITY shall invoice each of the SURROUNDING COMMUNITIES on a per capita basis for any remainder of the per capita amount for all SURROUNDING COMMUNITIES less any subsidy received on behalf of the SURROUNDING COMMUNITIES from any third party and less any non-resident fees actually collected from residents of SURROUNDING COMMUNITIES. Payment shall be made by SURROUNDING COMMUNITIES within 30 days of invoice. If the amount of any subsidy received plus non-resident fees collected from residents of the SURROUNDING COMMUNITIES is greater than the per capita fee, CITY shall notify the SURROUNDING COMMUNITIES that no additional payment is required. CITY shall annually submit to SURROUNDING COMMUNITIES a listing of the number of runs to each of the SURROUNDING COMMUNITIES, number of residents of those SURROUNDING COMMUNITIES assessed a non-resident fee, and the number of non-resident fees actually collected. 5. HOLD HARMLESS CLAUSE: The parties each shall indemnify and hold the other parties hereto harmless from all liabilities, judgments, costs, damages and expenses, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation which may be asserted against, be charged to, or recovered by reason of or on account of damage to the property of any person; injury to or death of any person; misrepresentation; violation of any law, regulation, requirement or demand of any governmental authority; or any breach of any contractual provision of whatever kind with any third party, arising from that party's performance of its duties under this agreement. It is the intention of the parties that each party shall be solely responsible for its own acts, actions and activities under this Agreement. 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, (b) Drugs, (c) Heart Monitoring, (d) Oxygen, (e) Disposable blankets, (f) Universal dressing, (g) Sterile gauze pads, (h) soft roller-type bandages, (f) adhesive tape. 7. RE-EVALUATION OF CONTRACT, TERMINATION: The parties uhderstand 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 August of each year. Agreed-upon changes would commence on January 1 of the following year. Any party 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 August 1 of any year. Termination of this agreement by any of the undersigned parties shall terminate this agreement as to all parties. 8. AMENDMENTS, FULL TEXT OF AGREEMENT: All agreements and 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. Upon request of the SURROUNDING COMMUNITIES, CITY shall provide assistance in upgrading the SURROUNDING COMMUNITIES' First Responders to the Emergency Medical Technician Basic (EMT-B) level and incorporate the use of EMT-B's as First Responders in the CITY'S operational plan. Upgrading to the level of EMT-B, is an option for the surrounding communities and is not a mandate for the CITY providing service. CITY shall also assist the First Responders with funding assistance made available for training and equipment from Wisconsin Act 102. IN WITNESS WHEREOF, the parties have executed this agreement on the date first above written. CITY OF OSHKOSH TOWN OF ALGOMA Richard A. Wollangk, City Manager Ken Neubauer, Town Chairperson Pamela R. Ubrig, City Clerk APPROVED AS TO FORM: Betsy A. Kunde, Town Clerk APPROVED AS TO FORM: Assistant City Attorney TOWN OF BLACKWOLF Town Attorney TOWN OF NEKIMI Frank Frassetto, Town Chairperson Ronald Miller, Town Chairperson Ellen Chmielewski, Town Clerk APPROVED AS TO FORM: Jerome Braasch, Town Clerk APPROVED AS TO FORM: Town Attorney Town Attorney CITY OF OMRO TOWN OF OMRO Stephen McNeil, Village Administrator Linda Kutchenriter, City Clerk APPROVED AS TO FORM: City Attorney TOWN OF POYGAN Richard Nachtrab, Town Chairperson Maureen B. Krueger, Town Clerk APPROVED AS TO FORM: Town Attorney TOWN OF UTICA Nelson Hinz, Town Chairperson Lois A. Buehring, Town Clerk APPROVED AS TO FORM: Town AEorney Douglas A. Gunz, Town Chairperson Betty A. Reimer, Town Clerk APPROVED AS TO FORM: Town Attorney TOWN OF RUSHFORD Thomas J. Egan, Town Chairperson Susan Carpenter, Town Clerk APPROVED AS TO FORM: Town Attorney TOWN OF WINNECONNE Harvey J. Rengstorf, Town Chairperson Yvonne Zobel, Town Clerk APPROVED AS TO FORM: Town Attorney 5 VILLAGE OF WINNECONNE John A. Rogers, Village President Jacquin Jensen, Village Clerk APPROVED AS TO FORM: Village Attorney AMBULANCE SUPPORT AGREEMENT THIS AGREEMENT is made as of the day of ., 2003. WHEREAS, a local ambulance provider materially changed the nature of the ambulance services it would provide for a number of smaller communities surrounding the City of Oshkosh; WHEREAS, a number of such neighboring communities, as a result of such proposed material change, have approached the City of Oshkosh to provide ambulance services and also approached Aurora Health Care, Inc. ("Aurora"), which has as its mission the provision of health care services, to seek assistance and/or financial support for such an ambulance program operated by the City; and WHEREAS, Aurora has agreed to provide support, as herein specified, to ensure the provision of ambulance services to residents of the communities surrounding the City of Oshkosh by the City of Oshkosh; and WHEREAS, it is the view of the parties that a City operated ambulance service for such other communities provides for the most efficient and cost-effective provision of ambulance services to the communities; and WHEREAS, with such support, the City of Oshkosh Fire Department has agreed to provide ambulance services to the surrounding communities, including the City of Omro, Town of Omro, Town of Rushford, Town of Utica, Town of Poygan, Village of Winneconne, Town of Algoma, Town of Winneconne, Town of Blackwolf and Town of Nekimi; and NOW, THEREFORE, for and in consideration of the mutual agreements herein contained and other good and valuable consideration, the City and Aurora agree as follows: I. PARTIES. This agreement is made by and between the City of Oshkosh, a municipal corporation, located in Winnebago County, Wisconsin ("City") and Aurora, a corporation organized under the laws of the State of Wisconsin, with its principal place of business at 3000 West Montana Street, Milwaukee, Wisconsin 53215. II. SUPPORT Aurora agrees to pay to the City of Oshkosh support in the amount of $141,930.00 for calendar year 2004 for the purpose of providing ambulance coverage by the City of Oshkosh Fire Department to the identified surrounding communities (the City of Oshkosh will contract directly with such other communities). 001.1512550.4 As of each January 1st, commencing January 1, 2005, the $141,930 shall be increased by multiplying such amount by the "Percentage Change in the CPI;" provided no annual change shall exceed the level of support for the prior year by more than 5%. The "Percentage Change in the CPI" means the percentage charge in the CPI Index from November, 2003 to the November just prior to the January 1st for which the charge will be effective. The CPI Index means the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics, All Urban Consumers (CPI-U) in the all items column. The level of support shall not be decreased. III. TERM The term of this agreement shall be for a period of five (5) years, commencing at 12:01 a.m. on January 1, 2004 and terminating at 12:00 a.m. on December 31, 2008 or such earlier time as the City ceases operating an ambulance service providing service to such neighboring communities. IV. PAYMENT The City of Oshkosh will annually bill Aurora Health Center in January of each year of the term of this agreement with payment to be made by Aurora Health Center within 30 days of invoice. V. UNDERSTANDING It is expressly agreed that the support is not paid or offered to induce the referral of any business. VI. INDEMNIFICATION The parties each shall indemnify and hold the other harmless from all liabilities, judgments, costs, damages and expenses, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation which may be asserted against, be charged to, or recovered by reason of or on account of damage to the property of any person; injury to or death of any person; misrepresentation; violation of any law, regulation, requirement or demand of any governmental authority; or any breach of any contractual provision of whatever kind with any third party, arising from that party's performance of its duties under this agreement. It is the intention of the parties that each party shall be solely responsible for its own acts, actions and activities under this Agreement. VII. TERMINATION Aurora shall have the right to terminate this Agreement without cause upon one year's prior written notice to the City. In the event either party has good cause for 2 001.1512550.4 termination, the termination shall take place after either party has the opportunity to cure any deficiency within fifteen (15) calendar days of written notice thereof. If such deficiency is not cured within those fifteen (15) days, this agreement may be terminated on written notice from either party to the other. Good cause shall be established by a breach of the terms of this agreement. VIII. SUCCESSORS BOUND This agreement shall be 'binding upon and inure to the benefit of the City, its successors and assigns, and shall be binding upon and inure to the benefit of Aurora, its successors and permitted assigns. This Agreement shall not be assigned or otherwise transferred to any other person or entity, without the consent in writing of both parties. IX. NOTICES. Any notice required to be given under the terms of this agreement shall be given in writing and shall be mailed by first class mail or delivered in person, to the other party at the following address: City of Oshkosh Attention: Fire Chief P.O. Box 1130 Oshkosh, WI 54903-1130 Aurora Health Care, Inc. Attention: Executive Vice President/CFO 3000 West Montana Street Milwaukee, WI 53215 MISCELLANEOUS PROVISIONS. Nothing contained in this agreement shall constitute or be construed to create a partnership or a joint venture among the parties. This agreement cannot be changed or modified except in writing and signed by the duly authorized agents of the parties. Headings contained in this agreement are for convenience of reference only and are not intended to define, limit, or describe the scope or intent of any provision of this agreement. Notwithstanding any prevision to the contrary, it is agreed that none of the obligations contained in this agreement shall run to or be enforceable by any 3 001.1512550.4 Fo party other than the party to this agreement. This agreement constitutes all of the agreements and understandings of whatever nature or kind existing between the parties with respect to the subject matter hereof. If any term, covenant, condition or provision of this agreement shall be invalid or enforceable, the remainder of this agreement shall not be effected thereby, and each term, covenant, condition and provision shall be valid and be enforceable to the fullest extent permitted by law. Failure of either party to insist upon the strict performance of terms and provisions of this agreement, or any of them, shall not constitute or be construed as a waiver or relinquishment of that parties' right to thereafter enforce such term or provision, and that term of provisions shall continue in full force and effect. 001.1512550.4 IN WITNESS WHEREOF, the parties hereto have executed or caused this agreement to be executed by their duly authorized officers on the date first written above. CITY OF OSHKOSH By: Richard A. Wollangk, City Manager Pamela R. Ubrig, City Clerk Edward Nokes, Director of Finance Approved by: Lynn A. Lorenson, Asst. City Attorney AURORA HEALTH CARE, INC. By: Its: 5 001,1512550.4