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2019-12-09 Town of Wappinger Regular Meeting ~ Minutes ~ I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:30 PM William H. Beale Town of Wappinger Councilman Present 7:30 PM Angela Bettina Town of Wappinger Councilwoman Absent Christopher Phillips Town of Wappinger Councilman Present 7:30 PM Michael Kuzmicz Town of Wappinger Councilman Present 7:30 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:30 PM Tim Moot Consultant Engineer Present 7:30 PM David Stolman Consultant Planner Present 7:30 PM James Horan Consultant Attorney Present 7:33 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina 2. Motion To: Acknowledge Minutes November 6 and November 13, 2019 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina Town of Wappinger Page 1 Printed 12/10/2019 IV.Public Portion 1. Motion To: Open Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina 2. Motion To: Close Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina V.Discussions 1. Cornell - Climate Smart Planning Tool Danielle Salisbury addressed the board with regard to environmental protection fund via the Cornell Cooperative Extension of Dutchess County. She explained the levels of climate participation. She explained the planning tool which helps to find gaps. It provides a list of recommendations on many different areas. The tool helps you become climate smart community to rank higher in potential grant opportunities which rank you higher in the reception of grants. 2. Review EMS Ambulance Services and Contract - Rob Stuck COMMENTS - Current Meeting: Rob Stuck reviewed the ambulance data as far back as 2017. See the report attached below: Town of Wappinger Page 2 Printed 12/10/2019 Town of Wappinger Page 3 Printed 12/10/2019 Rob pointed out that the Town of Wappinger is subsidizing the city of Beacon in the increasing coverage to the city which showed 52 call in 2018 increasing to 73 in 2019. The Supervisor and Councilman Beale plan to meet with Beacon officials to attempt to remedy the situation by suggesting that the up and coming City of Beacon needs to raise enough tax revenue to cover their own ambulance service. What also needs to be clear is the billing of mutual aid. A mutual aid call to the town of Wappinger resulting from an ambulance providing aid to the City of Beacon would result in a bill to the resident. The board wants to address this with the ambulance providers. Ended at 8:28 3. Park Use Forms Director Fulton addressed the board on forms that will be used for Event Permits of town properties. Included is a form for an alcohol permit. 'Bouncy House' uses require the necessary insurance coverage. The board asked for an additional form for road usage requiring road closure. Ended at 8:51 4. Park Signs Steve Frazier explained that he met with the attorney and will submit a proposal at the beginning of next year. The issue of Hunting came up in smaller parks. Before the signs can be updated regarding hunting, the code should be solidified on whether to allow it or not. Greenway trail rules need to be incorporated. Ended at 9:00 PM 5. Nine Element Plan - Thurston Supervisor Thurston spoke on the 9 element plan which addressed the Wappinger Creek and all the discharges into the creek throughout the county. The town of Wappinger alone has 5 sewerage treatment plants that empty into the creek. He stated that there are 25 sewerage plants up and down the creek throughout the county. Ended 9:15 6. Wildwood/Woodhill Green Sewer Connection/DEC Wastewater Plant - Tim Moot Engineer Moot updated the board on the Wildwood/Woodhill Green sewer connection. He explained the grants that are outstanding. Best case would be $20.90 increase per user per year in Wildwood for receiving the $2.48 million grant. On the other hand, should the grant not come through then the increase would be $349.04 per year on top of the $547.88 per year that they are currently paying. There were 2 notices of violation on mid-point park sewer district that are tipping the scales on the SPEDIES permit. The details of this informative discussion are best viewed on the town website under board minutes and videos. Tri-Municipal capacity is at 2.6MM gallons flow rate. He suggested an upgrade to 3.2MM and possibly to 7MM gallons flow rate. Town of Wappinger Page 4 Printed 12/10/2019 Ended at 9:35 PM 7. Recycle Center Fees and Policies The board agreed to review the potential increases in 2020. 8. Motion To: Acknowledge January 8th as the Re-Organization Meeting RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina 9. Motion To: Change Time of Future Meetings To 7 P.M. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina VI. Resolutions RESOLUTION: 2019-213 Resolution Introducing Local Law No. 1 Of 2020 Which Would Amend Chapter 240, Zoning Districts Town of Wappinger Page 5 Printed 12/10/2019 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-213 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Mover Withdrawn Michael Kuzmicz Voter Dated: Wappingers Falls, New York December 09, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-214 R (Account 14-6040) filed an application for the installation of a Propane Tank Refill Station under Application Number 14-6040; and professionals to review the application; and Town of Wappinger Page 6 Printed 12/10/2019 WHEREAS, the Applicant withdrew its application and the unused escrow balance may be refunded; and WHEREAS, the applicant incurred no review fees and there remains a balance of One Thousand Five Hundred Dollars ($1,500.00) in escrow account number 14-6040 and the Applicant has requested a refund; and WHEREAS, the Planning Department and the Town Accountant has audited the escrow account and reviewed the amount due to be refunded; NOW THEREFORE, BE IT RESOLVED that the Town Board hereby authorizes a refund to llars ($1,500.00) from escrow account number 14-6040, representing the unused escrow balance for the above project. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-214 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Michael Kuzmicz Voter Dated: Wappingers Falls, New York December 09, 2019 The Resolution is hereby duly declared Adopted. RESOLUTION: 2019-215 Correspondence Log Resolution Authorizing the Acceptance of the Correspondence Log Town of Wappinger Page 7 Printed 12/10/2019 The attached Old Hopewell Commons maintenance bond and letter were added to the Correspondence log at the meeting. NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2019-215 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Michael Kuzmicz Mover Dated: Wappingers Falls, New York December 09, 2019 The Resolution is hereby duly declared Adopted as Amended. VII. Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina 2. Motion To: Return From Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: Christopher Phillips, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina VIII. Floor Actions After Executive Session 1. Motion To: Reduce the Adopted 2019 line item DB 5110.0100 by $114,354 from $1,014,354 to $900,000 Town of Wappinger Page 8 Printed 12/10/2019 Councilman Beale moved to reduce the 2019 budget line item DB 5110.0100 by $114,354 from $1,014,354 to $900,000. Ended at 11:07AM RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Michael Kuzmicz, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina IX. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 11:27 PM. ____________________ Joseph P. Paoloni Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Michael Kuzmicz, Councilman SECONDER: William H. Beale, Councilman AYES: Richard Thurston, William H. Beale, Christopher Phillips, Michael Kuzmicz ABSENT: Angela Bettina Town of Wappinger Page 9 Printed 12/10/2019 5.2 AMBULANCE SERVICE AGREEMENT THIS AGREEMENT, made the ____ day of _________________, 2020 by and between TOWN OF WAPPINGER a municipal subdivision acting on behalf of the WAPPINGER AMBULANCE DISTRICT an improvement district duly authorized pursuant to the Laws of the State of New York with its office located at Town Hall, 20 Middlebush Road, Wappinger Falls, New York, 12590, and EMPIRE STATE AMBULANCE CORP. d/b/a EMSTAR a New York corporation with its principal place of business located at 10 South White Street, Poughkeepsie, New York, 12601, W I T N E S S E T H : WHEREAS, CONTRACTOR is a corporation fully authorized to do business in the State of New York and duly authorized and licensed by the State of New York to provide ambulance services in Dutchess County; and WHEREAS, the TOWN desires to contract for the provision of ambulance and emergency health services by and on behalf of the Wappinger Ambulance District (the ; and WHEREAS, the TOWN desires to engage CONTRACTOR for such ambulance and emergency health services, and CONTRACTOR desires to be so engaged by the TOWN; Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) and WHEREAS, CONTRACTOR represents that it is able to supply, render and furnish to the TOWN, adequate and efficient ambulance and emergency health services within said Town, herein before described, for treatment and transportation of all sick or injured persons found within the boundaries of the District to various hospitals and/or other facilities 1 Packet Pg. 10 5.2 providing hospital services within and outside of the District; and WHEREAS, the TOWN and CONTRACTOR desire to define the terms of NOW THEREFORE, in consideration of the mutual covenants, promises and agreements herein set forth, and the payments to be made as hereinafter specified, the parties do covenant and agree as follow: 1. Recitations Incorporated. The recitations above set forth are incorporated in this Agreement as if fully set forth and adopted herein. 2. Definitions. 2.1. In this Agreement, the following terms shall have the meanings set forth below: 2.1.1. emergency medical technician who has satisfactorily completed an advanced course of training approved by the State Council under regulations pursuant to section 3002 of the Public Health Law. 2.1.2. medical care provided, under medical control, by advanced emergency medical technicians with advanced life support systems. 2.1.3. medical care system to provide advanced life support care on site or in route to, from or between general hospitals or other health care facilities. 2.1.4. or advanced life support first response vehicle to provide advanced life support services. 2.1.5. medical care and the transportation of sick or injured persons to, from, or between general hospitals or other health care facilities. Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) terms are defined herein. 2.1.6. imeans a valid certificate issued by New York State Department of Health authorizing an ambulance service to operate within a given geographical area. Certificates must be renewed every two (2) years per NYS PHL Article 30 Section 3005. 2 Packet Pg. 11 5.2 2.1.7. tthis Agreement by and among the parties hereto as amended, modified or supplemented from time to time. 2.1.8. medical care as control of bleeding, splinting, fractures, treatment of shock, delivery of babies, and cardio-pulmonary resuscitation (CPR). 2.1.9. Effective Date and ending on December 31, 2022 with a one year renewal option extending to December 31, 2023. 2.1.10. inger acting by and on behalf of the Wappinger Ambulance District and shall be deemed to include the area of the TOWN outside the incorporated limits of the Village of Wappingers Falls. 2.1.11. CONTRACTOR being notified of an emergency and arriving at the scene measured by Dutchess County 9-1-1 dispatch data in accordance with Paragraph 14 herein. Medical Control means Physician-level support of established treatment guidelines (protocols) within an advanced life support system. Medical control is provided via two-way communication with the physician at the receiving or medical control hospital. Medical Control protocols are established and governed via Regional Medical Advisory Committees as per NYS PHL Article 30 section 3004-A. 3. Scope of Services. 3.1. CONTRACTOR shall provide general ambulance services (including herein and in §3001 of the Public Health Law for the purpose of transporting all sick or injured persons found within the boundaries of the District to the appropriate located hospital within a (15) mile radius of the District. CONTRACTOR shall transport such persons to any such hospital specified by the person, or in the absence of instruction or specification, to the nearest available and suitable hospital. The ALS and BLS services supplied by CONTRACTOR shall be made available at any and all hours of the day and night (24 hours per day, 7 days per Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) week) during the term of this Agreement. 3.2. Upon request, CONTRACTOR shall also provide District residents with local or long distance, non-emergency ambulance transportation. Such transportation must be deemed medically necessary by a signed physician statement which will be provided to CONTRACTOR in advance. 3 Packet Pg. 12 5.2 4. Term. 4.1. This Agreement shall continue in effect from January 1, 2020 through December 31, 2022 subject to the right of either party to terminate this Agreement as hereinafter provided. 4.2. This Agreement shall automatically be renewed for an additional term of one (1) year under the same terms but at an annual rate of $444,705.05, payable in monthly payments of $37,058.75, unless either party shall notify the other no later than November 15, 2022 of its election not to renew. Thereafter, if both CONTRACTOR and the TOWN agree, a longer term Agreement may be negotiated. 4.3. Notwithstanding anything to the contrary contained in this Agreement, the TOWN shall have the right, at its option, to terminate this Agreement at any time, without cause, upon givin opinion, CONTRACTOR committed a material breach of this Agreement, and the TOWN shall have served written notice upon CONTRACTOR setting forth the details of such alleged breach, and CONTRACTOR shall not, within twenty (20) days after the date of such notice, have cured such alleged breach, or if such alleged breach is of a nature which cannot be cured within the twenty (20) day period, and CONTRACTOR shall not within such twenty (20) day period have commenced and at all times thereafter diligently pursued, a cure of such alleged breach, then CONTRACTOR shall be in default under this Agreement and the TOWN shall have the right, immediately terminate this Agreement for cause. Material breach shall be deemed repeated failure to comply with the terms and conditions of this Agreement or a failure in any two (2) out of three (3) months to meet the performance criteria established in paragraph 16 and Schhereto, or, if CONTRACTOR fails to comply with applicable laws, statutes or ordinances or is otherwise guilty of a substantial violation of any provision of this Agreement. Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) 5. Ambulance Service Certificate. CONTRACTOR agrees to keep in force its Ambulance Service Certificate and to maintain compliance with the applicable requirements of Article 30 of the Public Health Law and State Emergency Medical Services Code. 4 Packet Pg. 13 5.2 6. Dispatch through Dutchess County 9-1-1. CONTRACTOR shall respond to calls for emergency medical services only when dispatched by Dutchess County 9-1-1 and shall transport sick or injured persons found within the boundaries of the TOWN needing emergency care deliver him or her to another hospital. 6.1. Response and Identification: CONTRACTOR will utilize the Medic when TOWN ambulances respond to calls for service. Any responding ambulances will indicate their location upon responding to a call for service. If Town of Wappinger Medic 1 and 2 are committed on calls and another call is dispatched within the Town of Wappinger, any additional responding CONTRACTOR ambulance CONTRACTOR ambulance is responding from outside the Town of Wappinger, it will identify as an EMStar unit. If at any time a CONTRACTOR ambulance is unavailable to respond to a call for service within the TOWN or a CONTRACTOR ambulance will be unable to make patient contact in a reasonable amount of time, based on the priority level of the call, the Dutchess County 9-1-1 center shall be immediately notified and the call for service shall be turned over to Mobile Life Support Services. 7. Personnel, Equipment and Facilities. 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 services within the District. 7.1. Personnel: CONTRACTOR shall be and CONTRACTOR will provide sufficiently trained and experienced personnel capable of furnishing both BLS and ALS service to maintain, operate and administer the ambulance and Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) emergency health services required under this Agreement. At a minimum, each ambulance must be staffed by at least one New York State certified Emergency Medical Technician (EMT) and one New York State certified Advanced Emergency Medical Technician (Paramedic). 5 Packet Pg. 14 5.2 7.2. Equipment: 7.2.1. CONTRACTOR shall, at a minimum, provide one (1) ambulance with crew, twenty four (24) hours per day, seven (7) days per week and one (1) ambulance with crew, sixteen (16) hours per day, seven (7) days per week which ambulances shall be capable of providing Advanced Life Support care (ALS). The two (2) ambulances and crews shall be located, maintained and housed within the Town of Wappinger at a place or space mutually agreed upon by the TOWN and CONTRACTOR, prior to the effective date of this Agreement. 7.2.2. All ambulances must be owned by CONTRACTOR and be New York State certified Type II or Type III style ambulances. All units must be well maintained, have New York State valid inspection stickers, be legally registered and properly insured pursuant to this Agreement. CONTRACTOR will be required to keep its ambulances maintained so that its mechanical features such as heat, air conditioning, interior and exterior lighting, emergency lighting, audible warning devices, etc. are in good working order at all times. The ambulances will be required to meet and maintain all of the standards as specified in the certification listing for New York State Ambulances and all Department of Transportation and Traffic Safety standards. 7.2.3. CONTRACTOR shall equip all ambulances with GPS navigation devices and all ambulance crews with cellular communication devices to serve as a redundant backup for dispatchers and crews. 7.2.4. The ambulances and crews dedicated to the TOWN will be visibly labeled and identified as Town of Wappinger ambulances. At a minimum, these ambulances must be lettered in not less than 6 inch reflective lettering indicating may not be used for non-emergency or nursing home non-emergency transportation services. 7.3. Facility: CONTRACTOR has represented that it will, within a Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) reasonable time of contract execution, secure a leased premises located within the Town of Wappinger and use the same as its base of operations for the performance of its duties pursuant to the Agreement. 6 Packet Pg. 15 5.2 8. Backup. In the event that both Wappinger units are dispatched, CONTRACTOR will make every reasonable effort to provide another ambulance to deliver seamless coverage to the TOWN. In the event of a major emergency incident, Dutchess County 9-1-1 will not dispatch the last Wappinger ambulance to a non-Wappinger incident without permission of the Supervisor or authorized designee. 9. Standby Coverage. at all serious fire emergencies that may occur within the District, or to which they are called by the TOWN as requested by fire districts located within the District. Upon not less than five (5) days advance notice in writing by the Town Board to the CONTRACTOR, the CONTRACTOR shall provide standby coverage of all TOWN functions expected to be attended by 1,000 or more persons which may take place within the District. 10. Mutual Aid. The TOWN unit will respond to all mutual aid calls received from Dutchess County 9-1-1 pursuant to the Dutchess County Mutual Aid Agreement. 11. Training and Education. CONTRACTOR agrees to provide training and continuing education to its employees including such certification and re-certification as may be required by law. In addition, CONTRACTOR shall participate in necessary drills at times to be mutually agreed upon, as well as, provide community training, educational programs and seminars to educate the community in emergency health practices. 12. Licensing. CONTRACTOR is required to maintain all necessary licenses, certifications, registrations etc. required by any Federal, State, County or local rule, ordinance or law and this Agreement. 13. Contract Amount. 13.1. The TOWN shall pay to the CONTRACTOR for the above services the agreed amount of $34,246.50 per month for January 1, 2020 through December 31, 2020; $35,273.90 per month for January 1, 2021 through December 31, 2021; $36,332.11 per month for January 1, 2022 through December 31, 2022. Each st payment will be due on the 1 of every month. The CONTRACTOR will submit Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) invoices for such payment on a monthly basis, and, in addition, will provide monthly th volume reports on the 14 day of the following month for the services rendered pursuant to this Contract. 7 Packet Pg. 16 5.2 13.2. In addition to the monies received from the District, the CONTRACTOR will bill all users for any ambulance services rendered. The CONTRACTOR will accept insurance proceeds from residents of the Wappinger Ambulance District in full payment of their bills; the monthly payments from the TOWN shall be inclusive of any unpaid balances of TOWN residents after credit of medical insurance coverage payments. The TOWN hereby authorizes the CONTRACTOR, pursuant to State Comptroller Opinion 91-20 and the authority contained in General Municipal Law §122-b(2),to impose the fees for charges as the same may be hereafter amended from time to time by the TOWN upon recommendation of CONTRACTOR. Such fees or charges will be billed directly to the user and users insurancinsurance contract so provides for such direct payments so long as a copy of said bill is also sent to the user. 13.3. If a resident of the District is provided ambulance coverage pursuant to this Agreement and such person is underinsured or uninsured, CONTRACTOR agrees it shall not seek reimbursement for such services from such person. 13.4. Non-residents who are provided services under this Agreement shall pay the 14. Anti-Kick Back Statute. 14.1. Both parties represent to the best of their knowledge that this Agreement complies with 42 USC 1320a-7b(B) co-Kick periodically review the Agreement, at least on an annual basis, for the purposes of determining that this Agreement is in compliance with the Anti-Kick Back Statute. Both parties agree to exchange all necessary documentation evidencing the services provided to all District residents. All documentation will be released in accordance with the provisions of the Health Insurance Portability and Accountability Act (HIPAA). Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) 14.2. The TOWN agrees to assist the CONTRACTOR in any manner in providing verification of resident status to facilitate proper billing. 8 Packet Pg. 17 5.2 15. Records and Financial Accounting. 15.1. In addition to the records required for compliance with the Anti-Kick Back Statute, CONTRACTOR will provide: 15.1.1. Monthly reports to the TOWN containing the number of service calls provided under this Agreement with corresponding response times for each occurrence; 15.1.2. Upon request, CONTRACTOR will provide weekly schedules of crews and assignments; 15.1.3. All records required for litigation in any proceeding related to service under this Agreement; 16. Fractile Response Time. CONTRACTOR has entered into this of performance standards identi attached hereto. N and CONTRACTOR agree that the Dutchess County 9-1-1 dispatch data shall be controlling for de the er Schedule is not met in any monthly calendar period, then the monthly contract amount set forth in Paragraph 13 may be reduced by the Fractile Response Time reduction fees as set forth in Schedule attached hereto. (Note: response time mandates may be adjusted for causes outside of the control of the CONTRACTOR, i.e. weather, construction delays, out of the ordinary traffic congestion). 17. Periodic Meetings. 17.1. The TOWN and CONTRACTOR will assign an appropriate designee(s) to meet on a bi-annual basis to discuss issues including, but not limited to: 17.1.1. Response times; Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) 17.1.2. Concerns/questions regarding services; 17.1.3. Response plans; 17.1.4. Special events; 17.1.5. Education and training of staff; 17.1.6. Community programs and education; and 9 Packet Pg. 18 5.2 17.1.7. Compliance with the Anti-Kick Back Statute. 18. Relationship of the Parties. shall be that of an independent CONTRACTOR. Nothing in this Agreement shall be construed to create a principal-agent, employer-employee or master-servant relationship. CONTRACTOR, at all times, shall be solely responsible for all salaries and other employee remuneration as well as the payment of all applicable federal, state or local withholding or similar taxes and provision or workers' compensation and disability insurance for any person employed by it. 19. Insurance. 19.1. At all times during the Term, CONTRACTOR, at its own cost and expense, shall keep in full force and effect: 19.1.1. a commercial general liability insurance policy or policies of standard form in the State of New York, with combined single limit coverage of not less than One Million ($1,000,000.00) Dollars per occurrence and ($3,000,000.00) aggregate, including full contractual liability; 19.1.2. a professional liability insurance policy or policies of standard form in the State of New York, covering itself and each professional it employs or contracts with for the provision of professional services, with limits of not less than One Million ($1,000,000.00) Dollars per occurrence and Three Million ($3,000,000.00) aggregate; 19.1.3. the vehicle liability policy required by the agreement shall be written with a minimum coverage of $(1,000,000.00) per occurrence and One Million ($1,000,000.00) aggregate; 19.1.4. nce shall be kept in force in the amounts required by law. 19.2. CONTRACTOR shall name the TOWN as an additional named insured on all insurance policies on a primary, non-contributory basis; and Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) 19.3. CONTRACTOR shall furnish the TOWN with satisfactory proof of all insurance coverage required pursuant to this paragraph on or before the effective date of this Agreement. 20. Non-exclusivity. CONTRACTOR may provide Ambulance Services to other persons or entities. 10 Packet Pg. 19 5.2 21. Non-Assignability. CONTRACTOR is hereby prohibited from assigning, transferring, conveying, subcontracting, subletting or otherwise disposing of this agreement or of its right, title or interest in this Agreement, or its power to execute this Agreement to any other person or corporation without the previous consent in writing of the TOWN. 23. Third Party Reimbursement. This Agreement shall be construed so as to be in accordance with federal and state statutes and Medicare, Medicaid and intermediary carrier rules, regulations, principles and interpretations. 24. Indemnification. CONTRACTOR will defend, indemnify and save harmless the TOWN and the District from and against all claims, costs, expenses, legal costs or their charges arising out of or related to the acts of CONTRACTOR, its agents, servants or employees and/or arising out of or related to the services to be provided by CONTRACTOR under this Agreement, and, CONTRACTOR shall defend the TOWN and the District at the expense of CONTRACTOR, against any such claim, demand, assertion of liability or other cause occasioned thereby. The TOWN and the District shall defend, indemnify and hold harmless CONTRACTOR from and against any Losses which result from the negligent acts or omissions of the TOWN or District. This provision shall survive the termination of this Agreement. 25. Provisions Deemed Inserted. Each and every provision required by law to be inserted into this Agreement, specifically including Executive Law §§291-299 and Civil Rights Law, shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein and, in the event any such provision is not inserted or is not correctly inserted, then, upon the application of either party, this Agreement shall forthwith be physically amended to make such insertion or correction. 26. Invalidity. If any provision of this Agreement or the application of any provision hereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons and circumstances shall not be affected unless the invalid provision substantially impairs the benefits of the Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) remaining portion of this Agreement. In the case of such invalidity which substantially impairs the benefits of the Agreement, the parties will endeavor in good faith to modify this agreement so as to preserve the benefits of this Agreement in a manner which complies with applicable laws. 11 Packet Pg. 20 5.2 27. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Venue of any action to enforce the terms of this Agreement shall be the Supreme Court, Dutchess County, New York. 28. Waiver. The failure of either party to insist in any one or more instances upon performance of any term or condition of the Agreement shall not be construed as a waiver of its future performance. The obligations of either party with respect to such term, covenant or condition shall continue in full force and effect. 29. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties as to the matters contained herein, and merges and supersedes all prior agreements and understandings of every kind and nature among them. No Party shall be bound by any condition, definition or representation other than as expressly provided for in this Agreement. 30. Amendment of Agreement. This Agreement shall not be changed, modified or amended except by writing signed by the Parties. 31. Binding Effect. This Agreement shall be binding upon, and inure to the benefit of the Parties hereto and their respective legal representatives, trustees, receivers and successors. Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) 12 Packet Pg. 21 5.2 32. Notices. Any notices required to be given pursuant to the terms of this Agreement shall be in writing and shall be deemed to have been given at the time when personally delivered, or mailed first class U.S. certified mail, return receipt requested, or overnight courier, addressed to the Parties as follows or such other address as such Party may have fixed by notice, provided, however, that any change of address shall be effective only upon receipt: To the TOWN: Town of Wappinger Town Hall 20 Middlebush Road P.O. Box 324 Wappingers Falls, New York 12590 Attention: Supervisor With a Copy to: Wallace & Wallace 85 Civic Center Plaza Ste L13 Poughkeepsie, New York 12601 To the CONTRACTOR: EMStar 84 Route 59, Suite 102 Suffern, New York 10901 Attention: Robert J. Stuck, Chief Executive Officer 33. Headings. The headings of the sections hereof are inserted for convenience only and in no way define, limit or prescribe the intent of this Agreement. Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) 13 Packet Pg. 22 5.2 IN WITNESS WHEREOF, this Agreement was signed this ____ day of _____________________, 2019. TOWN OF WAPPINGER EMPIRE STATE AMBULANCE CORP. DBA EMSTAR BY: ___________________________ BY: _________________________________ Robert J. Stuck Town Supervisor Chief Executive Officer ACKNOWLEDGEMENTS STATE OF NEW YORK ) ) ss.: COUNTY OF DUTCHESS ) On this ___ day of December, 2019, before me personally came ________________, SUPERVISOR TO THE TOWN OF WAPPINGER, to me known to be the person who executed the above instrument, who, being duly sworn by me, did for himself depose and say that he is the Supervisor, that he executed the foregoing instrument in the name of the Town of Wappinger, and that he had authority to sign the same, and that she did duly acknowledge to me that he executed the same as the act and deed of the Town of Wappinger for the purposes mentioned therein. ___________________________________ Notary Public STATE OF NEW YORK ) ) ss.: COUNTY OF DUTCHESS ) On this ___day of December, 2019, before me personally came Robert J. Stuck of EMPIRE STATE AMBULANCE CORP. DBA EMSTAR., to me known to be the person who executed the above instrument, who, being duly sworn by me, did for himself depose and say that he is the Chief Executive Officer, that he executed the foregoing instrument in the name of EMStar, and that he had authority to sign the same, and that he Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) did duly acknowledge to me that he executed the same as the act and deed of EMStar for the purposes mentioned therein. ___________________________________ Notary Public 14 Packet Pg. 23 5.2 A Fractile Response Time Fractile Response Time Criteria Fractile Response Time is defined to mean that once a dedicated unit is dispatched by Dutchess County 9-1-1, the emergency unit will arrive at the emergency scene in 9 minutes or less for 90% of requests. Fractile Response Time Reductions in Fees In the event CONTRACTOR fails to meet the Fractile Response Time criteria for any calendar month during the term of this Agreement or renewal thereof, as set forth above, the monthly fees due CONTRACTOR shall be reduced as follows: 90-100% on time performance no reduction 80-89% on time performance reduction of 10% of the subsidy for that period. 70-79% on time performance reduction of 20% of the subsidy for that period. <70% on time performance reduction of 30%of the subsidy for that period Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) 15 Packet Pg. 24 5.2 Fee Schedule ,087.50 mile Communication: Review EMS Ambulance Services and Contract - Rob Stuck (Discussions) 16 Packet Pg. 25 6.1.a Attachment: propane LL (RES-2019-213 : Introducing Local Law No. 1 Of 2020 Which Would Amend Chapter 240, Zoning, For Liquid Propane) Packet Pg. 26 6.1.a Attachment: propane LL (RES-2019-213 : Introducing Local Law No. 1 Of 2020 Which Would Amend Chapter 240, Zoning, For Liquid Propane) Packet Pg. 27 6.1.a Attachment: propane LL (RES-2019-213 : Introducing Local Law No. 1 Of 2020 Which Would Amend Chapter 240, Zoning, For Liquid Propane) Packet Pg. 28 6.1.a Attachment: propane LL (RES-2019-213 : Introducing Local Law No. 1 Of 2020 Which Would Amend Chapter 240, Zoning, For Liquid Propane) Packet Pg. 29 6.1.b Attachment: propane LL ph notice.dhs (RES-2019-213 : Introducing Local Law No. 1 Of 2020 Which Would Amend Chapter 240, Zoning, For Packet Pg. 30 6.2.a Attachment: B# 14-6040 (RES-2019-214 : Resolution Authorizing Refund Of Unused Escrow For Bj’s Propane Tank Refill Station- Account 14- Packet Pg. 31 6.2.a Attachment: B# 14-6040 (RES-2019-214 : Resolution Authorizing Refund Of Unused Escrow For Bj’s Propane Tank Refill Station- Account 14- Packet Pg. 32 6.2.a Attachment: B# 14-6040 (RES-2019-214 : Resolution Authorizing Refund Of Unused Escrow For Bj’s Propane Tank Refill Station- Account 14- Packet Pg. 33 6.2.a Attachment: B# 14-6040 (RES-2019-214 : Resolution Authorizing Refund Of Unused Escrow For Bj’s Propane Tank Refill Station- Account 14- Packet Pg. 34 6.2.a Attachment: B# 14-6040 (RES-2019-214 : Resolution Authorizing Refund Of Unused Escrow For Bj’s Propane Tank Refill Station- Account 14- Packet Pg. 35 6.2.a Attachment: B# 14-6040 (RES-2019-214 : Resolution Authorizing Refund Of Unused Escrow For Bj’s Propane Tank Refill Station- Account 14- Packet Pg. 36 6.2.a Attachment: B# 14-6040 (RES-2019-214 : Resolution Authorizing Refund Of Unused Escrow For Bj’s Propane Tank Refill Station- Account 14- Packet Pg. 37 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 38 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 39 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 40 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 41 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 42 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 43 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 44 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 45 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 46 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 47 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 48 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 49 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 50 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 51 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 52 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 53 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 54 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 55 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 56 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 57 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 58 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 59 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 60 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 61 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 62 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 63 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 64 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 65 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 66 6.3.a Attachment: 2019-12-09 (RES-2019-215 : Correspondence Log) Packet Pg. 67 6.3.b Attachment: Old Hopewell Commons - letter regarding bond and rec fee (RES-2019-215 : Correspondence Log) Packet Pg. 68 6.3.b Attachment: Old Hopewell Commons - letter regarding bond and rec fee (RES-2019-215 : Correspondence Log) Packet Pg. 69 6.3.c Attachment: Old Hopewell Commons Maintenance Bond (RES-2019-215 : Correspondence Log) Packet Pg. 70 6.3.c Attachment: Old Hopewell Commons Maintenance Bond (RES-2019-215 : Correspondence Log) Packet Pg. 71 6.3.c Attachment: Old Hopewell Commons Maintenance Bond (RES-2019-215 : Correspondence Log) Packet Pg. 72 6.3.c Attachment: Old Hopewell Commons Maintenance Bond (RES-2019-215 : Correspondence Log) Packet Pg. 73 6.3.c Attachment: Old Hopewell Commons Maintenance Bond (RES-2019-215 : Correspondence Log) Packet Pg. 74