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HomeMy WebLinkAbout09. 13-471 OCTOBER 22, 2013 13-471 RESOLUTION (CARRIED___6-0___LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AGREEMENT BETWEEN THE CITY OF OSHKOSH AND THE TOWNS OF ALGOMA, BLACKWOLF, NEKIMI, OMRO, POYGAN, RUSHFORD, UTICA, AND WINNECONNE AND VILLAGE OF WINNECONNE AND CITY OF OMRO FOR AMBULANCE SERVICES 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 and Members of the Common Council FROM: Tim Franz, Fire Chief DATE: October 16, 2013 RE: Contract for Ambulance Service with Outlying Communities BACKGROUND The City of Oshkosh has been providing paramedic ambulance service under contract to the Towns of Algoma, Blackwolf,Nekimi, Omro, Poygan, Rushford, Utica, Winneconne, the Village of Winneconne and the City of Omro, since 2004. The current contract with these communities which ran from January 1 of 2008, will expire at the end of this year. In conjunction with the City Manager, Finance Director, City Attorney and Fire Chief, a contract proposal was developed and presented to the contracting communities. These communities have all agreed to and accepted the terms for a new contract covering the period of January 1, 2014 though December 31, 2018. ANALYSIS The proposed contract will remain substantially the same as the current one with the exception of updated cost. The current cost of operating ambulance service for the entire service area including the contracted communities and the City of Oshkosh is estimated for 2014 at $2,444,739.00 with a net revenue estimate of$2,321,394.00, leaving $123,345.00 needed to be subsidized. This amount divided amongst the total population of the service area(91,507) leads to a per capita subsidy of$1.35 needed. The contract outlines that this amount would be adjusted annually based on the CPI-U of the previous year. FISCAL IMPACT With the combination of fees and per capita subsidy from the communities, this leaves a net cost or subsidy share for the City of$89,208.00 for ambulance service which is included in the Fire Department operating budget. RECOMENDATION I recommend that the City approve this contract, we have enjoyed a positive relationship with these communities and they are pleased with the service we provide. For the City, we receive increased revenue through maximizing the utilization of our resources and the added benefit of firefighters that are cross trained as paramedics providing fire protection in our City, with 96% of their cost covered by the revenue of this service. Please direct any questions regarding this matter to the Fire Chief. Respectfully Submitted, Approved: • o /re__Ae Timothy Franz City Manager Fire Chief Mark Rohloff 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 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 and/or attend the person, requires immediate medical attention, but shall specifically 1 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, 2014, and shall continue until 11:59 p.m. on December 31, 2018, 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. Per Capita Fee for Surrounding Communities. SURROUNDING COMMUNITIES shall pay to CITY the sum of$1.35 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.. 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. 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, 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 2 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) 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 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 3 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. 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) 4 IN WITNESS WHEREOF, the parties have executed this agreement as follows: Dated this day of , 2013. CITY OF OSHKOSH Mark A. Rohloff, City Manager Pamela R. Ubrig, City Clerk APPROVED AS TO FORM: City Attorney 5 IN WITNESS WHEREOF, the parties have executed this agreement as follows: Dated this day of , 2013. TOWN OF ALGOMA Tim Blake, Town Chairperson Charlotte Nelson, Town Clerk APPROVED AS TO FORM: Town Attorney 6 IN WITNESS WHEREOF, the parties have executed this agreement as follows: Dated this day of , 2013. TOWN OF BLACKWOLF Frank Frassetto, Town Chairperson Kimberly Hopkins, Town Clerk APPROVED AS TO FORM: Town Attorney IN WITNESS WHEREOF, the parties have executed this agreement as follows: Dated this day of , 2013. TOWN OF NEKIMI Glen Barthels, Town Chairperson Julie Barthels, Town Clerk APPROVED AS TO FORM: Town Attorney 8 IN WITNESS WHEREOF, the parties have executed this agreement as follows: Dated this day of , 2013. CITY OF OMRO Linda Kutchenriter, Administrator , City Clerk APPROVED AS TO FORM: City Attorney 9 IN WITNESS WHEREOF, the parties have executed this agreement as follows: Dated this day of , 2013. TOWN OF OMRO Brian Noe, Town Chairperson Barbara Croisant, Town Clerk APPROVED AS TO FORM: Town Attorney 10 IN WITNESS WHEREOF, the parties have executed this agreement as follows: Dated this day of , 2013. TOWN OF POYGAN Martin J. Johnson, Town Chairperson Julia Reinert, Town Clerk APPROVED AS TO FORM: Town Attorney 11 IN WITNESS WHEREOF, the parties have executed this agreement as follows: Dated this day of , 2013. TOWN OF RUSH FORD Thomas J. Egan, Town Chairperson Peggy Hendricks, Town Clerk APPROVED AS TO FORM: Town Attorney 12 IN WITNESS WHEREOF, the parties have executed this agreement as follows: Dated this day of , 2013. TOWN OF UTICA Leonard Schmick, Town Chairperson Jenny Sonnleitner, Town Clerk APPROVED AS TO FORM: Town Attorney 13 IN WITNESS WHEREOF, the parties have executed this agreement as follows: Dated this day of , 2013. TOWN OF WINNECONNE Thomas R Snider, Town Chairperson Yvonne Zobel, Town Clerk APPROVED AS TO FORM: Town Attorney 14