Town of Maine, NY Agreement for Ambulance Services (2008-2009)

Squad shall provide twenty-four-hour, seven days per week, emergency medical ambulance services for all persons in the Town of Maine requiring such services, and shall provide pre-hospital emergency medical treatment and shall transport sick or injured persons found within the boundaries of the Town to a hospital or other health care facility for treatment of such illness or injury. Squad warrants and represents that it has, and will continue to have, sufficient trained and certified personnel, equipment and supplies to provide the service provided herein. The Town recognizes that Squad has a limited supply of ambulances and is not capable of responding to unlimited emergencies at one time, or while "out of service". "Out of service" shall mean such times as when the ambulances have arrived at a health care facility with a patient but, Squad is either cleaning or restocking the ambulances, or at such times as the ambulances are being routinely serviced and are "out of service" for a temporary short period of time during such routine service.

When notified of the need for ambulance services within the Town, Squad will respond and attend to any such request without delay.

Squad shall employ (or contract with an entity furnishing) a person certified at least as a basic emergency medical technician in New York State, who shall be available to respond to emergencies in the Town for an eight hour daytime shift from Monday until Friday.

Squad shall contract with (or make suitable mutual aid arrangements with) a duly licensed and duly qualified ambulance squad or squads or a duly licensed and duly qualified private ambulance service or services to provide advanced life support first response (hereinafter "ALSFR") coverage and service within Town during those time periods when Squad does not have the personnel who are qualified and available to furnish such ALSFR within Town.

(e)

At periodic intervals Squad shall notify Broome County Office of Emergency Services (hereinafter "BCOES") if Squad does not then have ALSFR personnel available to furnish such ALSFR within Town.

(f)

Squad shall notify BCOES that in the event Squad does not have ALSFR capability within the Squad at a time when such capability is required, the nearest available unit providing the appropriate level of care shall be located and dispatched to assist.

Insurance coverage for volunteers and paid squad employees.

The parties agree that members of Squad, who provide such services on a volunteer basis, will be covered with the statutory coverage under the Volunteer Ambulance Worker's Benefit Law (hereinafter "VAWBL"), which insurance coverage shall be a Town charge and paid by the Town in accordance with applicable provisions of VAWBL. Squad shall pay for the insurance coverage of Squad's paid employees.

Certified ambulance service.

Squad agrees that it shall provide an ambulance service (i)with an ambulance or ambulances which meet(s) all applicable statutes, codes, rules and regulations and (ii)with all of the personnel, equipment and supplies required by the New York Public Health Law and the regulations promulgated by the New York State Department of Health (hereinafter "DOH"),

Squad agrees to keep in force its Ambulance Service Statement of Registration, and comply with (i) all the applicable requirements of Article 30 of the Public Health Law and State Emergency Medical Services Code (10 NYCRR Part 800), and (ii) all rules and regulations formulated by Town, pursuant to section 122-b of the General Municipal Law, relating to the use of ambulance apparatus and equipment in the provision of the ambulance services hereunder.

Squad shall procure and pay for all permits and licences necessary for the ambulance services to be rendered hereunder.

Squad shall take appropriate steps to insure that Squad has a valid certificate of need operating authority authorizing Squad to furnish and provide ambulance service within Town during the term of this Agreement.

(e)

Squad agrees that it will operate, maintain and repair any ambulances it owns or leases pursuant to this agreement in accordance with applicable provisions of law.

(f)

At all times during the term of this Agreement, Squad shall house any ambulances it owns or leases pursuant to this agreement within Town, and shall operate and maintain a suitable facility within Maine to house such ambulances and other suitable equipment which is used in connection with this agreement.

Billing; fund raising.

Town recognizes that Squad intends to bill patients directly for services and transportation it renders and approves of this practice. Squad may collect these fees directly and retain such fees. Squad reserves the right to initiate legal action against any person who does not tender payment for Squad's services without interference from Town. Attached as Schedule A is the list of user fees Squad may bill. Incorporated by reference into Schedule A and this Agreement are any rates paid by any government, private employer-based or third-party insurance. Nothing herein shall require Squad to waive any co-payments or deductibles. Town and Squad have established a contract price that includes payment for an estimated patient portion/co-payment of an ambulance bill to be due from residents. In light of such contract amount, Squad shall not attempt to collect any co-payment from any resident of the Town of Maine. However, Squad shall make all reasonable and necessary attempts to collect these funds from non-residents. Squad shall at all times comply with applicable Medicare and Medicaid billing rules and regulations.

Nothing herein shall be construed to prevent Squad from soliciting and accepting donations and from conducting fund-raising activities to assist in defraying its operating and capital expenses.

Term.

The term of this agreement shall be for a period of two years commencing January 1, 2008 and ending December 31, 2009, but the continuation of the term(s) of this agreement for any period(s) subsequent to December 31, 2008 shall be contingent on the Town Board's approving a renewal for a one-year term commencing January 1, 2009 and ending December 31, 2009.

This Agreement may be terminated by the Town for cause. Cause shall be limited to the following:

(1)

Loss or suspension of Squad's ability to provide ambulance services to the Town.

(2)

Refusal of the Squad to provide continuous ambulance services to the Town.

(3)

The failure of the Squad to respond to emergencies in the town for the period of five days.

(4)

The failure of the Squad to provide or employ an emergency medical technician in accordance wit this agreement.

(5)

The failure of the Squad to contract or arrange for advanced life support services in accordance with this agreement.

(6)

The failure of the Squad to obtain proper insurance in accordance with this agreement.

(7)

The failure of the Squad to respond to an average of at least 75% of the emergencies to which Squad is dispatched in the Town, over any consecutive three-month period, or if Squad does not respond to an average of at least 60% of the emergencies to which Squad is dispatched in the Town, in any thirty-day period. However, included in these averages shall not be those emergencies not responded to by Squad due to Squad's involvement with another emergency within or without the Town, or for those occasions when Squad's ambulance vehicle is undergoing maintenance.

This Agreement may be terminated by the Squad for cause. Cause shall be limited to the following: Town's failure to pay funds due to Squad when payable under this Agreement, but only then after written notice has been provided by the Squad of such failure, and the passage of more than 20 days for the Town to cure without such payment having been made to the Squad.

If either party elects to exercise its right to terminate this agreement for cause, it must do so by sending to the other party hereto written notice that it intends to terminate the agreement as of an effective date which is at least 30 days subsequent to the date that the party sends such notice of intended termination. Any such notice must have been approved in advance by Town Board (in the case of a notice sent by Town) or by the Board of Directors of Squad (in the case of a notice sent by Squad). If such notice of intended termination is sent by either party hereto, Squad shall (within thirty-day following the effective date of such termination) refund to Town the sum representing the prorated portion of the payment made by Town to Squad hereunder for the period commencing on the effective date of such termination, and ending on December 31 of the year of such termination. On and after the date that Squad refunds such sum to Town, neither party hereto shall have any further rights as against the other party hereto by virtue of this agreement, except for the Town's rights to defense, indemnity and being held harmless which shall survive any termination of this agreement.

Payments.

It is understood that the year 2008 budget of the Squad shows payments to be made by the Town to the Squad during the year 2008 in the total amount of $105,110.67, as is more particularly described hereinafter.

For the services to be performed by Squad hereunder during the year 2008, the Town shall pay to Squad the sum of $95,328.85 on or before February 28, 2008. For the year 2009, the Town shall (contingent on the Town Board's approving an annual renewal for the year 2009) pay to Squad the sum of $95,328.85 on or before February 28, 2009, subject to the following: (i) Squad must present proof to Town that Squad, its ambulance(s) and personnel are duly certified, authorized and approved to furnish emergency ambulance services within Town, (ii) Squad must present proof to Town that Squad has obtained the insurance coverage required hereunder and has arranged to have Town named as an additional named insured as required by this agreement, and (iii) Squad's voucher requesting such payments shall be subject to audit and allowance by the Town Board.

It is understood that the amount to be raised by real estate taxes for ambulance service in the Town for the year 2008 shall be in the amount of $95,328.85.

On or about December 13, 1986 the Broome County Executive signed an agreement (hereinafter "Host Community Agreement") between County of Broome (hereinafter "County") and Town of Nanticoke, Town of Baker and Town of Maine.

Under one section of the Host Community Agreement entitled, "Contribution Toward Fire Fighting Control and Public Safety", the County, commencing in 1997 and continuing thereafter during the term of the Host Community Agreement, is obligated to contribute $15,000 per year (subject to a cost of living adjustment) to the Town to be applied by the Town to contractual payments to fire districts and/or volunteer fire companies for ambulance service and fire protection at the Broome County Landfill (hereinafter "Landfill")

Squad has agreed to respond, in accordance with applicable mutual aid agreements, in case of accidents, injuries or other situations requiring ambulance service at the Landfill.

Within 20 days after the Town receives from the County the anticipated Host Community Agreement Fire Fighting Control and Public Safety contribution payable by the County to Town for the year 2008, Town shall pay to Squad the sum of $9,781.82 which the Town expects to receive pursuant to paragraph 5B of the Host Community Agreement.

During the year 2009, the Town shall (contingent on the Town Board's approving a one-year renewal for the year 2009) pay to Squad (i) the sum of $7,500 and (ii) that sum which represents 50% of any cost of living adjustment amount received by the Town in the year 2009, pursuant to paragraph 5B of the Host Community Agreement, in excess of 15,000.

The payment(s) to be made by Town to Squad under subparagraphs G and H of paragraph 6 of this agreement shall be separate and apart from the payment(s) required under subparagraph B of paragraph 6 of this agreement, and shall not be deemed to have been made in satisfaction thereof.

Squad, for such consideration, shall pay all expenses incurred by the operation of such ambulance service, including, but not limited to all personnel and personnel related expenses, personnel training costs, repairs and maintenance of equipment, supplies including consumables, gas and oil, licensing fees, and insurance premiums for the insurance coverages hereinafter specified.

Insurance; hold harmless.

Squad agrees that it will, at its own cost and expense, insure and keep insured, during the term of this agreement, its vehicles (including any ambulances owned by or leased by Squad) its equipment and supplies and its members against any and all claims and damages arising from death, personal injury or property damage, with (i) a policy of commercial general liability insurance with $1,000,000/$2,000,000 limits, (ii) an errors and omissions policy with $1,000,000/$2,000,000 limits, (iii) vehicle liability insurance with a policy limit of $1,000,000 for each ambulance owned or leased by Squad hereunder, and (iv) collision, fire and theft coverage on the Ambulance previously owned by Town in the amount of $40,000. Each of those insurance policies shall provide coverage for occurrences within the Town, as well as occurrences outside the Town even if the Squad does not have a DOH certificate of need or other DOH operating authority for the location outside the Town where the occurrence occurs. The Town shall be named as an additional named insured on each of said policies.

Squad agrees to defend, indemnify and hold harmless the Town, its officers, agents and/or employees of and from any and all suits, actions, causes of action, claims, judgments, and/or liability imposed or threatened to be imposed upon the Town, its officers agents and/or employees arising from the acts of negligence, active or passive, of Squad, its officers, agents and/or employees in providing emergency medical care. This obligation to defend, indemnify and hold harmless shall survive any termination of this agreement.

Independent contractor.

It is hereby mutually covenanted and agreed that the relation of Squad to the services and work performed by it under this agreement shall be that of an independent contractor. The Town shall not supervise or control the method or manner of providing emergency ambulance services hereunder.

Performance evaluation.

Squad shall provide Town a written report, due no later than the 10th day of each month, indicating at least the following:

The number of emergencies to which Squad was dispatched.

The number of emergencies to which Squad responded.

The number of mutual aid calls to which Squad responded.