Loading...
2003-173RESOLUTION NO. 2003-173 RESOLUTION AWARDING AMBULANCE SERVICE CONTRACT TO ALAMO AMBULANCE SERVICE, INC. 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 the 23rd day of June, 2003, at 7:30 P.M. The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Joseph Ruggiero Councilmen - Robert L. Valdati Vincent F. Bettina Joseph P. Paoloni Christopher J. Colsey ABSENT: The following Resolution was introduced by Mr. Colsey and seconded by Mr. Valdati WHEREAS, the Town of Wappinger has previously authorized the adoption and creation of 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 Sloper-Willen Community Ambulance Service, Inc. to supply ambulance services within the Wappinger Ambulance District; and WHEREAS, the Town of Wappinger wishes to enter into a new Contract with Alamo Ambulance Service, Inc. on substantially the same terms and conditions as set forth in the prior Agreement with Sloper-Willen Community Ambulance Service, Inc.; and O:\WAPPINGE\Town Board\RESOLUTION\AlamoK.doc WHEREAS, the Town Board finds that it is in the best interest of the Town to have Alamo Ambulance Service, Inc. 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 from anywhere within Alamo Ambulance Service, Inc.'s emergency service area; and WHEREAS, the Town of Wappinger is exempt from competitive bidding pursuant to General Municipal Law Section 103 as the Agreement with Alamo Ambulance Service, Inc. is a contract for professional services that require technical skill, training and medical expertise. NOW, THEREFORE, BE IT RESOLVED, as follows: 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 enter into a written Agreement between the Town of Wappinger and Alamo Ambulance Service, Inc. in substantially the same form as attached hereto marked and designated as Exhibit "A" and subject to any amendments recommended by the Attorney to the Town, Albert P. Roberts, to provide general ambulance services to the Town of Wappinger. Supervisor Joseph Ruggiero is hereby authorized and directed to execute the Agreement between the Town of Wappinger and Alamo Ambulance Service, Inc. on behalf of the Town in substantially the same form as attached hereto. The foregoing was put to a vote which resulted as follows: JOSEPH RUGGIERO, Supervisor ROBERT L. VALDATI, Councilman VINCENT F. BETTINA, Councilman O:\WAPPINGE\Town Board\RESOLUTION\AlamoK.doc Voting Aye Voting Aye Voting Aye JOSEPH P. PAOLONI, Councilman Voting Aye _ CHRISTOPHER J. COLSEY, Councilman Voting Aya_ Dated: Wappingers Falls, New York June 23, 2003 The Resolution is hereby duly declared adopted. 0AWAPPINGE\Town Board\RESOLUTION\AIamoK.doc Revised Final: July 10, 2003 AMBULANCE SERVICE AGREEMENT This AGREEMENT made as of the t%k day of 14 -kV, , 2003 by and between . TOWN OF WAPPINGER, A Municipal Corporation, acting on behalf of the Wappinger Ambulance District an improvement district duly authorized pursuant to the Laws of the State of New York, with offices at Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590, hereinafter referred to as "TOWN" and o ;:003 ALAMO AMBULANCE SERVICE, INC., RECEIVED A New York Not -For -Profit Corporation, TOW N CLERK with its principal place of business situated at 10 South White Street, AUG 18 2003 Poughkeepsie, New York 12601, hereinafter referred to as the "CONTRACTOR." TOWN CLERK WITNESSETH: WHEREAS, the CONTRACTOR is a not-for-profit 501(c)3 corporation fully authorized and licensed by.the State ofNew York to provide ambulance services to the Town of Wappinger; and WHEREAS, the TOWN presently has a Contract with the Sloper-Willen Community Ambulance Service, Inc. (hereinafter referred to as "SLOPER") to provide ambulance services to the Wappinger Ambulance District an improvement district situated within the TOWN in the area conterminous with the areas of the Town of Wappinger outside the incorporated limits of the Village of Wappingers Falls, pursuant to an Agreement dated July 23, 2002; and WHEREAS, the CONTRACTOR has a written Agreement to purchase certain assets of SLOPER; and WHEREAS, the TOWN has previously leased a portion of the TOWN -owned Community Services Building to SLOPER pursuant to written Lease Agreement dated June 1, 1994, from which leased premises, SLOPER maintains its base of operations; and WHEREAS, the CONTRACTOR has agreed to assume all the duties and obligations required by SLOPER in and to said Lease Agreement dated June 1, 1994, and by execution of this Agreement, the CONTRACTOR hereby agrees to assume all the duties and obligations set forth in said Lease Agreement; and WHEREAS, the CONTRACTOR will utilize the leased premises in the Community Service Building as its base of operations for the performance of its duties pursuant to this Agreement; and WHEREAS, SLOPER is about to cease operations as an ambulance service in the Southern Dutchess County community; 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; and WHEREAS, the TOWN desires to engage the CONTRACTOR for such ambulance and emergency health services, and the CONTRACTOR desires to be so engaged by the TOWN; and WHEREAS, the TOWN and the CONTRACTOR desire to define the terms of the CONTRACTOR'S engagement by the TOWN; 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: Recitations Incorporated. The recitations above set forth are incorporated in this Agreement as if fully set forth and adopted herein. 2. Definitions. In this Agreement, the following terms shall have the meanings set forth below: a. "Advanced Emergency Medical Technician" means an 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. b. "Advanced Life Support Care" (ALS) means definitive acute medical care provided, under medical control, by advanced emergency medical technicians with advanced life support systems. c. "Advanced Life Support System" means an organized acute 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. d. "Advanced Life Support Mobile Unit" means an ambulance or advanced life support first response vehicle to provide advanced life support services. ADM 2 , 1,114 / lij//l� f e. "Ambulance Service" means the provision of emergency medical care and the transportation of sick or injured persons to, from, or between general hospitals or other health care facilities. "Ambulance Service" includes the provision of Advanced Life Support Care ("ALS") and Basic Life Support Care (`BLS") as such terms are defined herein. f. "Ambulance Service Certificate" means 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. g. "Agreement" means this Agreement by and among the parties hereto as amended, modified or supplemented from time to time. h. "Basic Life Support Care" (BLS) means the provision of such medical care as control of bleeding, splinting, fractures, treatment of shock, delivery of babies, and cardio -pulmonary resuscitation (CPR). i. "Contract Term" means the period beginning with the Effective Date and ending on December 31, 2008. j. "Effective Date" means the date of the closing of the Asset Purchase transaction between the CONTRACTOR and SLOPER. k. "TOWN" shall mean the Town of Wappinger acting by and on behalf of the Wappinger Ambulance District and shall be deemed to include the area of the TOWN outside the incorporated limited of the Village of Wappingers Falls. 1. "Response Time" shall mean the time interval between CONTRACTOR being notified of an emergency and arriving at the scene measured by Dutchess County 9-1-1 dispatch date in accordance with Paragraph 13 herein. m. 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 3. Scope of Services. A. The CONTRACTOR shall provide general ambulance services (including "ALS" and "BLS") as defined in §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 and said District residents (sick or injured) from anywhere within the CONTRACTOR'S emergency service area, to the appropriate hospital located within a fifteen (15) mile radius of the District. The 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 institution within a fifteen (15) mile radius of the District. The service supplied by the CONTRACTOR shall be made available at any and all hours of the day and night (24 hours per day, 7 days per week) during the term of this Agreement. B. If requested, the CONTRACTOR shall also provide District residents with local or long distance, non -emergency ambulance transportation, provided such transportation is within the capabilities of the CONTRACTOR. Such transportation must commence or terminate at a facility in Dutchess County, New York and be deemed medically necessary by a signed physician statement which will be provided to the CONTRACTOR in advance. The CONTRACTOR agrees to accept payment for such services in accordance with provisions of Paragraph 10 below. 4. Ambulance Service Certificate. The CONTRACTOR further 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. The CONTRACTOR shall be capable of furnishing Advanced Life Support Service and the CONTRACTOR will provide sufficiently trained and experienced personnel to maintain, operate and administer the ambulance and emergency health services required under this agreement. Upon demand, the CONTRACTOR will supply to the TOWN a list setting forth names of said personnel, their qualifications and certifications to perform the services required herein. 5. Calls by Emergency Service Agency. The CONTRACTOR shall respond to direct calls or those referred by any emergency service agency and shall transport sick or injured persons found within the boundaries of the TOWN needing emergency care to a hospital of their choosing unless requested by "medical control" to deliver him or her to another hospital. 6. Equipment, Facilities and Personnel. 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 three (3) ambulances and crews, twenty four (24) hours per day, seven (7) days per week, capable of providing Advanced Life Support care (ALS) dedicated to the ambulance and emergency health services to be performed pursuant to this Agreement. The three (3) ambulances and crews shall be located, maintained and housed at the TOWN -owned Emergency Service Building pursuant to the EMT 4 Lease dated June 1, 1994 between the TOWN and SLOPER the terms of which have been assumed by the CONTRACTOR pursuant to separate Agreement with SLOPER; except in the case of an emergency, the three (3) ambulances and crews dedicated to the TOWN may not be used for non-resident or nursing home transportation services. 7. Standby Coverage. The CONTRACTOR will provide "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 attended by 1,000 or more persons which may take place within the District. 8. System Status Control Plan. A. At the time that the last Wappinger unit is dispatched to a call, the nearest Alamo unit will be reposted to provide seamless coverage to the TOWN. This will be done as part of the overall System Status Control Plan utilized to manage daily operations of the CONTRACTOR. B. A Wappinger unit will respond to all mutual aid calls received from Dutchess County 911 under the Dutchess County Mutual Aid Agreement. 9. Training and Education. The 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, the CONTRACTOR shall provide CPR training to members of the Fire Departments, participate in necessary drills at times to be mutually agreed upon, as well as, provide training and education for recreational programs (summer camps, etc.) provided by the TOWN. 10. Contract Amount. A. The TOWN shall pay to the CONTRACTOR for the above services an annual contract amount of ONE HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($175,000.00), payable in monthly payments of Fourteen Thousand, Five Hundred and Eighty Three Dollars and Thirty-three cents ($14,583.33). The CONTRACTOR will submit vouchers for such payment on a monthly basis, and, in addition, will provide monthly reports as requested by the Town Board of the services rendered pursuant to this Contract. B. In addition to the aforementioned Contract amount, the Town shall pay to the CONTRACTOR, annually, the sum of THIRTY FIVE THOUSAND DOLLARS ($35,000.00) to be paid on or before April 15 of each calendar year or part thereof while this Contract is in effect. This amount will be used to assist the CONTRACTOR in defraying the purchase of capital equipment associated with providing ambulance services to the TOWN. By January 31 of each year, the CONTRACTOR will identify the capital equipment to be purchased with this amount. Any equipment so purchased pursuant to this subparagraph 5 must be dedicated to providing ambulance services to the TOWN pursuant to this Contract. Notwithstanding the foregoing, for calendar year 2003, the amount paid pursuant to this subparagraph will be SEVENTEENTH THOUSAND, FIVE HUNDRED DOLLARS ($17,500:00) representing the pro -rated amount for this calendar year. This sum will be paid within thirty (30) days of execution of this Agreement by all parties. C. 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 of Fourteen Thousand, Five Hundred and Eighty Three Dollars and Thirty-three cents ($14,583.33) shall be inclusive of any unpaid balances of TOWN residents after credit of insurance 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 set forth in Schedule A as the same may be hereafter amended from time to time by the TOWN upon recommendation of the CONTRACTOR. Such fees or charges maybe billed directly to the users insurance carrier, in those instances that the user's insurance contract so provides for such direct payments so long as a copy of said bill is also sent to the user. D. If a resident of the Wappinger Ambulance District is provided ambulance coverage pursuant to this Agreement and such person is without medical coverage, the CONTRACTOR agrees it shall not seek reimbursement for such services from such person. E. For services provided to non-residents of the Wappinger Ambulance District under this Agreement, the CONTRACTOR agrees to accept from such persons medical claim insurance proceeds and further agrees to bill such non-resident persons for the difference, if any, between the CONTRACTOR'S Standard Billing Rate and any such medical claim insurance proceeds. 11. Records and Financial Accounting. A. The CONTRACTOR agrees to present monthly reports to the TOWN on the first of each month which reports shall contain the number of service calls provided under the Contract with corresponding response times for each occurrence and the number of times the Wappinger crews responded to mutual aid requests. B. Upon request, the CONTRACTOR will provide weekly schedules of crews and assignments. C. As soon as practicable, the CONTRACTOR will notify the Town Supervisor whenever the CONTRACTOR will be unable to supply three (3) ambulances and crews dedicated to this Agreement. D. The equipment, books of account and records of the CONTRACTOR shall be open to examination or inspection by the TOWN or its duly authorized 141.��. '.01,0 .:EXT r representative during usual business hours. The CONTRACTOR shall furnish to the TOWN and the District, an annual report with regard to the services performed under this Contract for the fiscal year ending the preceding December 31, together with a financial statement for the same fiscal period, showing all operations of the CONTRACTOR, and the financial statement covering only the operations under this Contract. The CONTRACTOR shall also furnish the TOWN and the District quarterly reports with regard to the services performed under this Contract and with regard to monies received under this Agreement which quarterly reports shall be furnished within forty-five(45) days of the end of each calendar quarter. 12. Performance. The TOWN has entered into this Agreement with CONTRACTOR on the basis of CONTRACTOR'S representation ofperformance standards identified as "response time criteria" identified in Schedule B attached hereto. For the purposes of determining "response time criteria", the TOWN and CONTRACTOR agree that the Dutchess County 9-1-1 dispatch data shall be controlling for determining "response time criteria" and times. In the event, the CONTRACTOR'S average monthly "response time criteria" as identified in Schedule B, is not met in any monthly calendar period, then the monthly contract amount set forth in Paragraph 11 shall be reduced by the Response Time Reduction Fees as set forth in Schedule B attached hereto. 13. Relationship of the Parties. The CONTRACTOR'S relationship to the TOWN 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. The 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. The CONTRACTOR will comply with General Municipal Law § 105 (Workman's Compensation). 14. Term. A. This Agreement shall continue in effect from the date of this Agreement through December 31, 2008 subject to the right of either party to terminate this Agreement as hereinafter provided. B. This Agreement shall automatically be renewed for an additional term of five (5) years unless either party shall notify the other no later than sixty (60) days prior to the end of the term of its election not to renew or unless this Agreement is terminated pursuant to Paragraph 14.C. C. 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 giving the CONTRACTOR sixty (60) days notice in writing. The TOWN shall have the right, on ten (10) days written notice to CONTRACTOR, to terminate this Agreement for cause. Cause 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 Schedule B attached hereto, or, if the CONTRACTOR A,T�.0 EMS 7 fails to comply with applicable laws, statutes or ordinances or is otherwise guilty of a substantial violation of any provision of this Agreement. 15. Insurance. A. At all times during the Term, the CONTRACTOR, at its own cost and expense, shall keep in full force and effect, (i) a comprehensive general liability insurance policy or policies of standard form in the State of New York, with combined single limit coverage of not less than Three Million ($3,000,000.00) Dollars, (ii) 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 ofprofessional services, with limits of not less than One Million ($1,000,000.00) Dollars per occurrence and (iii) the vehicle liability policy required by the agreement shall be written with a minimum coverage of $1,000,000 per occurrence. In addition, there shall by an umbrella policy with combined single limit coverage of not less than $5,000,000. B. CONTRACTOR shall have TOWN on behalf of the Wappinger Ambulance District named as Certificate Holder under said insurance policies. C. CONTRACTOR shall furnish the TOWN with satisfactory proof of all insurance coverages required pursuant to this paragraph on or before the effective date of this Agreement. 16. Non -exclusivity. The CONTRACTOR may provide Ambulance Services to other persons or entities. 17. Non -Assignability. In accordance with the provisions of § 109 of the General Municipal Law, the CONTRACTOR is hereby prohibited from assigning, transferring, conveying, 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 that the previous consent in writing of the TOWN. 18. Compliance with Omnibus Reconciliation Act of 1980. It is hereby understood that if the CONTRACTOR is determined to be a "subcontractor" under the provision of subparagraph (i) of S1861(V)(1) of the Social Security Act as amended by Section 952 of the Omnibus Reconciliation Act of 1980, or regulations adopted pursuant thereto, the CONTRACTOR will, until the expiration of four (4) years after furnishing of services under any previous agreement between the TOWN and the CONTRACTOR and under this Agreement and any amendment thereto, make available upon the request of the Secretary of Health and Human Services or the Comptroller General or its representatives, any such agreement and any amendment thereto. 19. Third Party Reimbursement/Rate Review. 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. 20. Indemnification. The 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 the CONTRACTOR, its agents, servants or employees and/or arising out of or related to the services to be provided by the CONTRACTOR under this Agreement, and, the CONTRACTOR shall defend the TOWN and the District, at the expense of the CONTRACTOR, against any such claim, demand, assertion of liability or other cause occasioned thereby. This provision shall survive the termination of this Agreement. 21. Provisions Deemed Inserted. Each and every provision required by law to be inserted in the Agreement, including General Municipal Law §§ 106-b, 108 and 109, Labor Law §§220-e, 222-a and 220(2) as well as 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. 22. Invalidity of Provision. 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 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. 23. 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. 24. 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, including the proposal dated November 2000. No Party shall be bound by any condition, definition or representation other than as expressly provided for in this Agreement. 25. Amendment of Agreement. This Agreement shall not be changed, modified or amended except by writing signed by the Parties. 26. 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. 27. 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 G� personally delivered, or mailed first class, 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: Joseph Ruggiero, Supervisor With a copy to: Vergilis, Stenger, Roberts, Pergament & Viglotti, LLP 1136 Route 9 Wappingers Falls, New York 12590 Attention: Albert P. Roberts, Esq. To the CONTRACTOR: Alamo Ambulance Service, Inc. 10 South White Street Poughkeepsie, New York 12601 With a copy to: David E. Daniels, Esq. P.O. Box 668 243 Route 22 Pawling, New York 12564 28. 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. IN WITNESS WHEREOF, this Agreement was signed this 10-rA day of July, 2003. TOWN OF WAPPINGER ALAMO AMBULANCE SERVICE, INC. BY: et - BY: C'MX<4-0-a JOSPRVISOR R GIERO RICHARD J. HENLEY SUP PRESIDENT 0 Corporate Seal: Corporate Seal: ACKNOWLEDGEMENTS STATE OF NEW YORK ) ) ss.: COUNTY OF DUTCHESS ) On this day of July, 2003, before me personally came Joseph Ruggiero, 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 he 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 )0 AA--' day of July, 2003, before me personally came Richard J. Henley, President of Alamo Ambulance Service, Inc., 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 President, that he executed the foregoing instrument in the name of the Alamo Ambulance Service, Inc., and that he had authority to sign the same, and that he did duly acknowledge to me that he executed the same as the act and deed of the Alamo Ambulance Service, Inc. for the purposes mentioned therein. Q 1 . Notary Public , PRUDA E. BRANTLY Notary Public, State of New York No. 01BR6079013 Qualified in Dutchess County Commission Expires 8112/20LXo "I IF 11 Schedule "A" Ambulance Service Fees Advanced Life Support Ambulance $490.00 Basic Life Support Ambulance Loaded Mileage $390.00 $6.95 per 12 Schedule "B" Response Time Criteria Advanced Life Support — Nine (9) minutes or less Basic Life Support — Twelve (12) minutes or less Response Time Reductions In Fees Average monthly ALS response exceeding standard by: 1-5 minutes — 25% of subsidy for that period. 5-9 minutes — 50% of subsidy for that period. >9 minutes —100% of subsidy for that period. Average monthly BLS response exceeding standard by: 1-5 minutes —10% of subsidy for that period. 5-9 minutes — 30% of subsidy for that period. >9 minutes — 60% of subsidy for that period. 4,4v-11,fo 13