HomeMy WebLinkAboutAmbulance Service Agreement/Surrounding Communities 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 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:
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
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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. 256.01(8)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
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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
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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)
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IN WITNESS WHEREOF, the parties have executed this agreement as follows:
Dated this 0,?/-51-clay of SU,_f- , 2013.
TOWN OF ALGOMA
;/ /
Ti 40:lake, T• r C airperson
LA:Ito& rtLien RECEIVED
Charlotte Nelson, Town Clerk
AUG 24 2613
APPROVED AS TO FORM:
Town Attorney
k� r � n,a ,c.�6_
IN WITNESS WHEREOF, the parties have executed this AMBULANCE
SERVICE AGREEMENT as follows:
Dated this 12th day of August, 2013.
TOWN OF BLACK WOLF
Frank Frasse o oT w`n C iaiiperson
4,0
Kim Hopkins, Town Clerk
APPRO D • . OOORM: ---
Town Attorney
RECEIVED
OCT 16 2013
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IN WITNESS WHEREOF, the parties have executed this agreement as follows:
Dated this Q2/ day of (aen 'Y,L) , 2013.
TOWN OF NEKIMI
Glen Barthels, Town Chairperson
J'Fflie Barthels, Town Clerk
APPROVED AS TO FORM:
Town Attorney
OCT 2 1
IN WITNESS WHEREOF, the parties have executed this agreement as follows:
Dated this /1 day of _k ty , 2013.
TOWN OF POYGAN
°--7/1t4/‘
Martin J. Johns , Town Chairperson
Fulia Reinert, Town Clerk
APPROVED AS TO FORM:
----M g4s,...0
To n Attorney
RECEIVED
JUL 19 7013
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IN WITNESS WHEREOF, the parties have executed this agreement as follows.
Dated this .0 _day of pykgeSf , 2013.
TOWN OF RUSHFORD
f '
Thoma J. EgaryTown .,hairperson
Peggy Ne icks, Town Clerk
•
APPROVED AS TO FORK :
0
Town Attorney $ SCE/Vks
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IN WITNESS WHEREOF, the parties have executed this agreement as follows:
Dated this I day of )1AJ & k , 2013.
TOWN OF UTICA
Leonard Schmick, Town Chairperson
411./A444.4 Get
J- ny Sot leitner, Town Clerk
APPROVED AS TO FORM:
Tor Attorney
AUG 0? ctie
of
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IN WITESS WHEREOF, the parties have executed this agreement as follows:
Dated this /-°--/-/-day of /1114-St— , 2013.
TOWN OF WINNECONNE
le671-eh
Thomas R Snider, Town Chairperson
iY onne Zo.4l own Clerk
APPROVED A • • 'M:
Town Attorney
RECEI yr.
0
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IN WITNESS WHEREOF, the parties have executed this agreement as follows:
Dated this k.2-51.- day of kl)41-) A , 2013.
VILLAG di INN- ONNE
(
John . R‘gers, Village President
Jacquin t er, Village Clek
APPROVED AS TO FORM:
Villag Athey
iksee/veD
Als z
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IN WITNESS WHEREOF, the parties have executed this agreement as follows:
Dated this �o.--rEt day of AkUL GA.,- 'r , 2013.
CITY OF OMRO
/ State of ._-
Y(9.. i County of '
Linda Kutchenriter, Administrator On this l5 •ay of 20 11,I certify that this
document is a true,a tact,complete,and unaltered
copy made by me and presented to me,by tip
document's custodian f--in Ste.k'. Kt.le beH r/r✓
iL `....c.0 and that to the best of my knowledge,that the
, City Clerk(thi ) ph. oco.iedd• m= a n••- •u, id •rded document
o1.ry Public's S,*aturo 00"1II11r//r%
APPROVED AS RM: '�:'•�•• •' n�
• NorgR
• =rni`.�im
Tom': A'8L I C
City Attorney 1, L ' ....'` '2, 7, IVISCO�� .�``�
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RECEI VED
AUG 20 ?013
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IN WITNESS WHEREOF, the parties have executed this agreement as follows:
Dated this 5 ' day of Nru m b,e r , 2013.
CITY OF OSHKOSH
Mark A. ohloff, City Mana•er
Pamela R. Ubrig, City Cle
APPROVED AS TO FORM:
gke° 441 I 16
Forney
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