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HomeMy WebLinkAboutWinnebago Cty/Oshkosh Ambulance Service EMERGENCY AMBULANCE SERVICE AGREEMENT BETWEEN WINNEBAGO COUNTY AND OSHKOSH AMBULANCE SERVICE THIS AGREEMENT is made and entered into this 2nd day of November , 1989, by and between Winnebago County, a State of Wisconsin Municipal Corporation , by its County Executive and County Clerk, hereinafter called "COUNTY" , and Oshkosh Ambulance Service, 215 Church Avenue, Oshkosh, Wi 54901 , hereinafter called "PROVIDER" . WITNESSETH: For and in consideration of the mutual agreements herein contained and other good and valuable consideration, the County and Provider do agree as follows : A. DESCRIPTION, TYPE AND MANNER OF SERVICE TO BE PERFORMED: . Provider agrees to provide emergency ambulance service as hereinafter defined in that portion of Winnebago County , Wisconsin, as identified on EXHIBIT "A" attached hereto and made a part hereof. The area to be served by Provider may be amended by mutual agreement of the parties. 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 family or whoever calls for and/or attends the person, requires immediate medical attention and specifically excludes non- emergency transfer calls. -2- 2. TERM: The term of this agreement shall commence January 1 , 1990 , and shall continue without a fixed and certain termination date unless and until terminated as provided in paragraph 14 of this agreement. 3. EQUIPMENT AND STAFFING OF AMBULANCE Provider agrees to have a sufficient number of fully equipped and staffed ambulances to assure a response time within fifteen (15) minutes to not less than ninety percent (90%) of the requests for emergency medical services covered by this agreement. Provider further agrees that the provisions of sec . 146 .50 , Wis . Stats . and as amended from time to time , shall prevail insofar as equipping and staffing ambulances used by Provider to satisfy the requirements of this agreement. 4. INSURANCE A. Provider shall , furnish County with Certificate of Insurance indicating proof of the following insurance from companies licensed in the State: 1. Workers Compensation - statutory - in compliance with the Compensation law of the State. Include a Federal Longshoremen and Harbor Workers Endorsement, if applicable. -3- 2. Commercial General Liability Insurance with a minimum limit of $1 , 000, 000 Combined Single Limit for Bodily Injury and Property Damage Liability. This insurance shall include on the Certificate of Insurance the following coverages : a . Premises - Operations b. Products and Completed Operations c. Broad Form Property Damage d. Broad Form Blanket Contractual e . Personal Injury f. Professional Liability (Medical Malpractice) if applicable 3. Automobile Liability Insurance with a minimum of $1 , 000 , 000 Combined Single Limit for Bodily Injury and Property Damage Liability. This insurance shall include Bodily Injury and Property Damage for the following coverages : a. Owned Automobiles b. Hired Automobiles c. Non-Owned Automobiles -4- B. Such insurance shall include Winnebago County as an additional insured as pertains to the negligence of the Provider. C. Such insurance shall include a thirty (30) day notice prior to cancellation or material policy change, which notice shall be given to the Winnebago County Insurance Administrator, c/o Courthouse, Oshkosh, Wisconsin 54903 . All such notices will name the Provider and identify the contract. D. Provider shall require subproviders, if applicable , to furnish identical certificates of insurance to the Winnebago County Insurance Administrator prior to their contract taking effect. 5. HOLD HARMLESS CLAUSE: Provider will indemnify and hold the County harmless from all liabilities , judgments , costs, damages and expenses which may accrue against , be charged to, or recovered from the County by reason of or on account of damage to the property of , injury to, or death of any person arising from Provider ' s performance of its duties under this agreement. 6. TWO LEVEL SYSTEM: For the purpose of this agreement, a two level system of emergency ambulance services is recognized as follows: -5- (1) Basic Life Support (B . L. S . ) which requires an ambulance attendant as defined in sec. 146 .50 (1) (b) Wis . Stats . who may have training that encompasses the Emergency Medical Technician-Defibrillation (EMT-D) knowledge level . 2) Advanced Life Support (A.L.S . ) which requires an emergency medical technician-advanced (paramedic ) as defined in sec. 146 .35 (1) Wis . Stats . , the text of which is hereinafter included. Wis . Stats. , Sec . 146 . 35 (1) EMERGENCY MEDICAL TECHNICIAN - ADVANCED (PARAMEDIC) DEFINED. As used in this section, "emergency medical technician- advanced (paramedic) " means a person who is specially trained in emergency cardiac, trauma and other life- saving or emergency procedures in a training program or course of instruction prescribed by the department and who is examined and licensed by the department as qualified to render the following services: (a) Render rescue, emergency care and resuscitation services. ( b ) While caring for patients in a hospital , administer parenteral medications under the direct supervision of a licensed physician or registered nurse. (c) Perform cardiopulmonary resuscitation and defibrillation on a pulseless, nonbreathing patient. (d) Where voice contact with or without a telemetered electrocardiogram is monitored by a licensed -6- physician and direct communication is maintained, upon order of such physician, perform the following: 1 . Administer intravenous solutions. 2 . Perform gastric and endotracheal intubation. 3 . Administer parenteral injections. 7. EXPENDABLE SUPPLIES: Supplies for emergency use as hereinafter defined shall be furnished by Provider as necessary. Provider may establish a reasonable charge to the ambulance user for providing said expendable supplies. Provider agrees that any charge established hereunder shall be uniform throughout the area served by Provider pursuant to this agreement. 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 critically ill and injured at the emergency scene and during transport to medical facilities , including, but not limited to the following: (a) Oxygen (b) Disposable blankets (c) Universal dressings (d) Sterile gauze pads (e) Soft roller-type bandages (f) Adhesive tape (g) Splints (h) Boards -7- 8. MILEAGE: Provider may establish a charge to the ambulance user to cover mileage costs . Provider agrees that the mileage rate established for emergency service shall not exceed Four and No/ 100 Dollars ( $4 . 00 ) per mile for the distance from the emergency scene to the medical facility to which the ambulance user is transported. 9. RE-EVALUATION OF CONTRACT The County agrees to evaluate the Provider services in the month of September of each contract year to discuss and review with the Provider suggestions of any changes in the contract. Any changes agreed upon between the County and the Provider would commence on January 1 of the following year ' s contract. Any amendment to this agreement occurring during a calendar year shall be in writing and shall be signed by the chairperson of the Winnebago County Judiciary and Public Safety Committee or his or her designee , along with the signatures of appropriate persons signing for the County and Provider , witnesses and dates to be included. 10. PAYMENT BY COUNTY: For the emergency ambulance services rendered by Provider hereunder, the County agrees to pay Provider $109 . 59 per day or -8- the annual sum of Forty Thousand Dollars and . 35/100 ($40, 000. 35) per ambulance used to provide services hereunder, but not to exceed Eighty Thousand Dollars and 40/100 ($80, 000 . 70) . However , if any ambulance required by this agreement is out of service more than one day ( 24 consecutive hours ) in any calendar month, then, an appropriate deduction from the payment by County to Provider will be made for each such day the required ambulance is not in service. Payments by the County of its obligation hereunder shall be made in twelve (12 ) equal monthly installments, each installment to be made not later than the tenth (10th) of the month following the month of service. Provider agrees that the aforementioned payments by the County shall be the only financial obligation on the part of the County for any emergency ambulance services, expendable supplies , mileage , equipment, or any other costs incurred by Provider to provide the emergency ambulance services covered by this agreement. 11. TOTAL COUNTY FINANCIAL OBLIGATION County and Provider agree that the total County financial obligation under this agreement shall not exceed the obligations provided in paragraphs 10 and 11 . -9- 12. AMBULANCE RATES, BILLINGS AND COLLECTIONS: Provider agrees to establish the rate to be charged for emergency ambulance service rendered pursuant to this agreement. Provider agrees that the ambulance rate established for emergency ambulance service rendered by Provider for B . L. S . shall not exceed $170 . 00 per call and for A.L.S. shall not exceed $190 . 00 per call . In addition , Provider may charge the ambulance user an amount not to exceed Fifty-five and No/100 Dollars ($55. 00) for each of the following services prescribed by a physician: (a) Intravenous (b) Drugs (c) Heart monitoring The charge for services provided herein is subject to review and approval by the County. The rate change will be effective January 1, 1990. Provider agrees to do the billing and collections of all charges made for emergency ambulance services rendered pursuant to this agreement. Any such collections made by Provider shall be the sole property of the Provider and the County agrees it will not make any claim therefor. -10- 13. TERMINATION: Except as hereinafter provided, the County or Provider may terminate this agreement at any time upon advance written notice of not less than thirty (30) days. The County may terminate this agreement on less than thirty (30) days notice if Provider is determined by the County to be in violation as to any of the terms and conditions of this agreement and, upon receipt of a written notice of such violation, fails to correct such violation within five (5) days of the notice. IT IS UNDERSTOOD by the County and the Provider that 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 County and the Provider. THIS AGREEMENT is made and entered into pursuant to the authority granted by sec. 59. 07 (41) and sec. 66 . 30, Wis. Stats. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written. WINNEBAGO COUNTY ('COUNTY') IN 7 ESENCE OF: e f/ �' / By: ,� ;j Paul W. Stevenson, County Executive Linda Wolfe, County Clerk -11- OSHKOSH ULANCE SERVICE ("PROVIDE ) IN PRESENCE OF: By: ?Y:4 (_,.<"..,0,- /1„Li This Instrument Drafted By: Gerald L. Engeldinger Corporation Counsel Winnebago County, Wi . Al Li.>U J..c1.:∎L.:. J;:..4%.r .L--..., .11.......-.........."c. • ti I)ES.INATED AREAS. TO BE SERVED BY EMERGENCY AMBULANCE SERVICE PROVIDERS : • Ci._ CROSS AMBULANCE Or APPLETON , INC. . - . • • • That area located within, Winnebago County as follows : • • City of Appleton (part) . • . • City of Menasha • • • . • . Town of Menasha lying East of Little Lake Butte des Hotta • • City of Neenah - • . • `• • • . Town of Neenah , • Town of Menasha lying West of Little Lake •Butte .de,s Horts • • • Town of Vinland lying North of County Trunk GO • Town of Clayton - Town of Winchester lying East of State Highway 110 South and North of State Highway :110 West • CITY OF OSHKOSH ' That area ' located within Winnebago County as follows : • . . . • City of Oshkosh . • . Town of Oshkosh Town.;of .!1Tinland lying South of County Trunk. GC ' - (Al so Town of.Black Wolf and Town of Mekimi upon written request of the County) M MM-SL2ANCE SERVICE . -: • . • That area located within Winnebago County as follows : - . Town of Algorsa • •• Town of Black Wolf . • Town of Nekini . • Town of Omro ' • • Town of Poygan • • • , Town of Rushford • Town of Utica . Town of Winchester lying West of State Highway 110 South and South of State Highway 110 West Torn of Winneconne . Village of Winneconne • City of Onro - . Lake Butte des Morts Bridge • :'R_ .O':':-:;OL:= RIVER E . u . S . , :TD . That area located within Wi: nabago County as follows : . Town of Wolf R{vet •