2007-0272007-27
RESOLUTION AUTHORIZING AMENDMENT NO.1 TO AMBULANCE SERVICE
AGREEMENT WITH TC HUDSON VALLEY, INC. D/B/A TRANSCARE and
CORRECTING PRIOR RESOLUTION
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on January
2°d, 2007.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Joseph Ruggiero
William H. Beale
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
The following Resolution was introduced by Councilman Paoloni and seconded by
Councilman Bettina.
WHEREAS, at a meeting of the Town Board on December 26, 2006 the proposed
Amendment No. 1 to the Ambulance Services Agreement, that is attached hereto as Exhibit A
was reviewed and discussed and the Town Board determined that it was in the best interests of
the Town to modify the agreement; and
WHEREAS, on December 26, 2006, a motion was made and seconded to introduce a
Resolution Authorizing Amendment No. 1 to Ambulance Service Agreement with TC Hudson
Valley, Inc. d/b/a TransCare, however the printed resolution that was before the Town Board
was not the proper resolution authorizing Amendment No. 1; and
WHEREAS, the Town Board, by adoption of this resolution, intends to correct the error
and introduce the proper corresponding resolution authorizing Amendment No. 1 to Ambulance
Service Agreement with TC Hudson Valley, Inc. d/b/a TransCare; and
WHEREAS, the Town of Wappinger previously established the Wappinger Ambulance
District; and
WHEREAS, the Town of Wappinger, on behalf of the Wappinger Ambulance District,
has previously entered into a written Agreement with TC Hudson Valley, Inc. d/b/a TransCare
(hereinafter "TransCare") to supply ambulance services within the Wappinger Ambulance
District dated January 25, 2005; and
WHEREAS, the Town Board finds that it is in the best interest of the Town to have
TransCare continue to supply general ambulance services as defined in Section 3001 of the
Public Health Law for the purpose of transporting all sick or injured persons found within the
boundaries of the Wappinger Ambulance District as more particularly set forth in the Ambulance
Services Agreement; and
WHEREAS, at the time the Town of Wappinger and TransCare entered into the
Ambulance Services Agreement, TransCare did not believe that a third ambulance was necessary
to provide adequate service to the Ambulance District, however it agreed to make available one
Basic Life Support (BLS) Ambulance with crew for 12 hours per day in order to provide excess
service for the Ambulance District to assuage the concerns of the Town with the understanding
tom, that it could renegotiate the Ambulance Service Agreement with the Town if actual experience
determined that there was no need for the third ambulance; and
WHEREAS, the Town Board finds that the ambulance services provided by TransCare
to the Ambulance District pursuant to Ambulance Services Agreement have been satisfactory;
and
WHEREAS, the Town Board finds that it is in the best interest of the Town to have
TransCare continue to supply general ambulance services, as defined in Section 3001 of the
Public Health Law, for the purpose of transporting all sick or injured persons found within the
boundaries of the Wappinger Ambulance District as more particularly set forth in the Ambulance
Services Agreement; and
WHEREAS, TransCare has shown the Town Board that actual experience has
demonstrated that the removal from service of one Basic Life Support (BLS) 12 hours per day
will not adversely impact the health, safety and welfare of the residents of the Ambulance
District; and
WHEREAS, the contract specifically provides for Backup in the event that all of the
Town ambulances are in use; and
WHEREAS, this Amendment No. 1 to the Contract provides that TransCare agrees to
remedy any adverse impacts caused by the reduction in service; and
WHEREAS, the Town Board finds that it is in the best interest of the Town to amend the
Ambulance Service Agreement in accordance with the terms of Amendment No. 1 as more
particularly set forth in the proposed Agreement attached as Exhibit "A"; and
WHEREAS, a contract for supplying ambulance services is exempt from competitive
bidding pursuant to General Municipal Law Section 103 as the Ambulance Service Agreement
with TC Hudson Valley, Inc. d/b/a TransCare is a contract for professional services that require
technical skill, training and medical expertise.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby agrees to the terms in Amendment No. 1 to the
Ambulance Service Agreement between the Town of Wappinger and TC Hudson Valley, Inc.
d/b/a TransCare dated January 25, 2005 in substantially the same form as attached hereto marked
and designated as Exhibit "A".
3. Supervisor Joseph Ruggiero is hereby authorized and directed to execute said
Amendment No. 1 to the Ambulance Service Agreement between the Town of Wappinger and
TC Hudson Valley, Inc. d/b/a TransCare dated January 25, 2005 on behalf of the Town in
substantially the same form as attached hereto as Exhibit "A".
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting: AYE
WILLIAM H. BEALE, COUNCILMAN
Voting: AYE
VINCENT F. BETTINA, COUNCILMAN
Voting: AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting: AYE
MAUREEN McCARTHY, COUNCILWOMAN Voting: ABSENT
Dated: Wappingers Falls, New York
1/2/2007
The Resolution is hereby duly declared adopted.
C 0- clx 0 - � �
dZIHN C. MASTERSON, TOWN CLERK
Amendment No. 1 to Ambulance Service Agreement
This Agreement dated December , 2006 shall serve as Amendment No. 1 to
the Ambulance Service Agreement between the Town of Wappinger and TC
Hudson Valley Ambulance Corp. d/b/a TransCare dated January 25, 2005.
Effective immediately, TransCare shall no longer provide a Basic Life Support
(BLS) ambulance twelve hours per day as defined in Section 6 of the Ambulance
Service Agreement.
Section 6 of the Ambulance Service Agreement shall be amended to read as
follows:
" 6. Equipment, Facilities and Personnel.
A. The CONTRACTOR shall provide, maintain and store, at its own cost and
expense, State certified Advanced Life Support Mobile Units and ambulances,
crew and equipment necessary and incidental to provide comprehensive
ambulance and emergency health service within the Wappinger Ambulance
District. The CONTRACTOR shall, at a minimum, provide two (2) ambulances
and crews, twenty four (24) hours per day, seven (7) days per week which
ambulances shall be capable of providing Advanced Life Support care (ALS) to
be performed pursuant to this Agreement. The two (2) ambulances and crews
shall be located, maintained and housed within the Town of Wappinger at a
place or space mutually agreeable upon by the TOWN and the CONTRACTOR
at time to time thereafter; except in the case of an emergency, the two (2)
ambulances and crews dedicated to the TOWN may not be used for non-
resident or nursing home transportation services.
B. Notwithstanding anything to the contrary contained in this Agreement or any
amendments thereto, if the TOWN, in its sole discretion, determines that the
reduction in service caused by this Amendment 1 to the Contract, (i.e.removal
of a Basic Life Support (BLS) ambulance for 12 hours a day), has caused a
significant adverse impact upon the health and safety of the residents of the
TOWN for a sustained period of time, the TOWN may send written notice to the
CONTRACTOR of its determination of adverse impact, and within twenty (20)
days after the mailing of said notice, the CONTRACTOR shall meet with the
TOWN in order to remedy the adverse impacts. The remedy for curing any
adverse impacts may be accomplished by providing one (1) ambulance capable
of providing Basic Life Support care (BLS) twelve hours per day dedicated to
the ambulance and emergency health services to be performed pursuant to this
Agreement and a crew for said BLS ambulance in accordance with the original
terms of the agreement, or such other ambulance service that the TOWN and
the CONTRACTOR deem mutually acceptable in order to properly meet the
needs of the residents of the TOWN.
If the CONTRACTOR and the TOWN fail to agree on acceptable remedy for the
adverse impact within a reasonable time, the TOWN shall have the right to
terminate this Agreement upon thirty (30) days notice to the CONTRACTOR.
Section 8 of the Ambulance Service Agreement shall be amended to read as
follows:
118. Backup. In the event both Wappinger units are dispatched, the
CONTRACTOR will make reasonable efforts to provide another ambulance to
provide seamless coverage to the TOWN. In the event of a major emergency
incident, COUNTY will not dispatch the last Wappinger ambulance to a non-
Wappinger incident without permission of the Supervisor or his authorized
successor. The Town of Wappinger ambulances will be designated by Dutchess
County 9-1-1 as Wappinger I and Wappinger 2 and will have affixed to the side
panel door an 8 " diameter Town of Wappinger seal or logo as approved by the
TOWN. "
Except as otherwise modified by this Amendment No. 1, all other terms and conditions
of the Ambulance Services Agreement shall remain in full force and effect during the
contract term.
AGREED TO AND ACCEPTED
BY: TC Hudson Valley Ambulance Corp.
IM
Date:
AGREED TO AND ACCEPTED
BY: Town of Wappinger
By: Date:
_41.
VERGILIS, STENGER, ROBERTS & DAVIS, LLP
Hon. Joseph Ruggiero, Supervisor
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Re: Resolution Approving Amendment No. 1 to Ambulance Services
Agreement with Transcare
Our File No. 12951.0774
Dear Supervisor Ruggerio:
I enclose herewith the following:
• Resolution Authorizing Amendment No. 1 to Ambulance Service Agreement with TC
Hudson Valley, Inc. d/b/a Transcare;
Very Truly Yours,
VERGILIS, STENGER, ROBERTS & PARTNERS, LLP
�4�, ?_ 34,.,
James P. Horan
JPH/so
Enclosures
Cc: Hon. John C. Masterson, Town Clerk
Town Board
Jim O'Connor of TransCare
C:\Documents and Settings\Chris Masterson\Desktop\Sandra - Al Roberts emails\TransCare\12-26-06 LoT.doc
ATTORNEYS AND COUNSELORS AT LAW
LEGAL ASSISTANT:
GERALD A. VERGILIS*
1136 ROUTE 9
AMY E. DECARLO
KENNETH M. STENGER
WAPPINGERS FALLS, NEW YORK 12590
ALBERT R ROBERTS
CLOSING COORDINATOR:
THOMAS R. DAVIS
(845) 298-2000
SUSAN E. CAFFINE
LOUIS J. VIGLOTTI
FAX (845) 298-2842
JOAN F. GARRETT**
POUGHKEEPSIE OFFICE
Sender's e-mail address: jhoran@vsrp.com
276 MAIN MALL
KAREN P. MacNISH
POUGHKEEPSIE, NY 12601
KEVIN T. MCDERMOTT
(845) 452-1046
ANGEL 1. FALCON
ANTHONY M. DEFAZIO
NEWBURGH OFFICE
JAMES P. HORAN
299 N.PLANK ROAD, SUITE 106
NEWBURGH, NY 12550
ADMITTED TO PRACTICE
(845) 567-3783
IN NY & FLA.
' * ADMITTED TO PRACTICE
December 22, 2006
IN NY & CONN.
Hon. Joseph Ruggiero, Supervisor
Town of Wappinger
20 Middlebush Road
Wappingers Falls, New York 12590
Re: Resolution Approving Amendment No. 1 to Ambulance Services
Agreement with Transcare
Our File No. 12951.0774
Dear Supervisor Ruggerio:
I enclose herewith the following:
• Resolution Authorizing Amendment No. 1 to Ambulance Service Agreement with TC
Hudson Valley, Inc. d/b/a Transcare;
Very Truly Yours,
VERGILIS, STENGER, ROBERTS & PARTNERS, LLP
�4�, ?_ 34,.,
James P. Horan
JPH/so
Enclosures
Cc: Hon. John C. Masterson, Town Clerk
Town Board
Jim O'Connor of TransCare
C:\Documents and Settings\Chris Masterson\Desktop\Sandra - Al Roberts emails\TransCare\12-26-06 LoT.doc