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HomeMy WebLinkAboutAmbulance Town of Utica`b AMBULANCE SERVICE AGREEMENT This AGREEMENT for AMBULANCE SERVICE is made and entered into this day of ItWeM ,-- 2008, 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 BLACKWOLF, 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 1 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, 2009, and shall continue until 11:59 p.m. on December 31, 2013, 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 %) for life threatening emergencies unless downgraded by first responders 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 Surrounding Communities. SURROUNDING COMMUNITIES shall pay to CITY the sum of $2.90 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 45 days of invoice. 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 2 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 underthis 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. 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 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 laterthan 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. 3