HomeMy WebLinkAbout13-0711ssSPECIAL SESSION
July 11, 2013
AT 1:00 P.M.
2
rd
Call for Special Session
Discharge Fin — Contract LaSalle Ambulance ( Rural - Metro)
App Contract — LaSalle Ambulance dba Rural Metro
Adjourn
R &F
ADOPT
APP
R &F
7
COMMON COUNCIL
CITY HALL — BUFFALO.
SPECIAL SESSION
July 11, 2013
at 1:00 P.M.
PRESENT: Richard A. Fontana President of the Council, and Council Members
Franczyk, Golombek, LoCurto, Pridgen, Rivera, Russell, Scanlon, Smith - 9.
ABSENT None.
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Common counrit
l- CITY OF BUFFALO
OFFICE OF THE COUNCIL PRESIDENT
RICHARD A. FONTANA
COUNCIL PRESIDENT
LOVEJOY DISTRICT COUNCIL MEMBER
65 NIAGARA SQUARE, 1315 City Hall
BUFFALO, NY 14202 - 3318
PHONE: (716) 851 -5151 ♦ FAX: (716) 851 -5141
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GAL. -- rok
CHAIRMAN
RULES COMMITTEE
SENIOR LEGISLATIVE ASSISTANT
BRYAN J. BOLLMAN
LEGISLATIVE AIDE
THOMAS J. OLEJNICZAK
C. Pr C 141, 5 C SS 1pr1"
July 10, 2013
Mr. Gerald A. Chwalinski
City Clerk
1308 City Hall
Buffalo, New York
Dear Mr. Chwalinski:
Pursuant to Section 3.9 of the Charter of the City of Buffalo, upon the written request of
Five Councilmembers, dated July 10, 2013 presented to you herewith, I hereby call a
Special Meeting of the Common Council,to be held in the Council Chambers, City Hall,
Buffalo, New York, on July 11, 2013 at 1:00 P.M. for the following purpose:
To receive and take appropriate action on :
App Contract — LaSalle Ambulance dba Rural Metro
Yours very truly,
e ffichardA. Fon ana
President of the Council
Y
July 10, 2013.
Hon. Richard A. Fontana
President Common Council
1315 City Hall
Buffalo, New York
Dear Sir:
WE, the undersigned, members of the Common Council, hereby request that you
call a Special Meeting of the Common Council, pursuant to Section 3.9 of the Charter of
the City of Buffalo, for the following purpose:
To receive and take appropriate action on
App Contract — LaSalle Ambulance dba Rural Metro
We request that this Special Meeting be held on July 11, 2013 at 1:00 P.M
SO
Pursuant to Rule 2 of the Rules of Order of the Common Council of the City of Buffalo,
each of the following named members of the Common Council, to wit:
DAVID FRANCZYK JOSEPH GOLOMBEK
MICHAEL LOCURTO DARIUS G. PRIDGEN
DAVID A. RIVERA BONNIE E. RUSSELL
CHRISTOPHER SCANLON DEMONE SMITH
hereby states that he /she received twenty -four (24) hours' notice of the time and purpose
of the Special Meeting of the Common Council duly called to be held on July 11, 2013 at
1:00 P.M.
STATE OF NEW YORK
COUNTY OF ERIE) ss:
CITY OF BUFFALO)
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C- X1 Ls Paz �r, til ITO Z- e—�" /U //VzE6
On this 20th day of May 2013, before me, the subscribers, personally
appeared
To me known to be the same persons described in and who executed the foregoing
instrument, and they duly and severally acknowledged to me that they executed the same.
Commissioner of Deeds, in and for
the City of Buffalo, N.Y.
My Commission expires 12/31/14
GERALD A. CHWALINSKI
City Clerk
Registrar of Vital Statistics
OFFICE OF THE CITY CLERK
MARY H. BALDWIN
Deputy City Clerk
l�
65 NIAGARA SQUARE
ROOM 1308 CITY HALL
BUFFALO, NEW YORK 14202
PHONE: (716) 851 -5439
FAX: (716) 851 -4845
MILLY CASTRO
Deputy City Clerk Vital Statistics
Deputy Registrar of Vital Statistics
July 10, 2013
TO EACH MEMBER OF THE COMMON COUNCIL:
YOU ARE HEREBY NOTIFIED that, pursuant to Section 3.9 of the Charter of
the City of Buffalo, upon the written request of Five Councilmembers, dated July 10,
2013, RICHARD A. FONTANA, President of the Common Council, has called a Special
Meeting of the Common Council, to be held in the Council Chambers, City Hall, Buffalo,
New York, on July 11, 2013 at 1:00 P.M. for the following purpose:
To receive and take appropriate action on all items relating to
App Contract — LaSalle Ambulance dba Rural Metro
Yours very truly, '
�G
Gerald A. hwalinski
City Clerk
No. 0•
Discharge Finance Committee
App Contract — LaSalle Ambulance dba Rural Metro
(Item 39, CCP 719113)
Mr. Smith moved that
Whereas, the above item is currently tabled in the Committee on Finance and,
Whereas, it is no longer necessary for this item to be considered by that committee,
Now Therefore Be It Resolved, that this Common Council does hereby discharge the
Committee from further consideration of this item, and it is now before the Common
Council for its consideration.
W%- e.
Seconded by �, v
ADOPTED. D � a �� G�
City Clerk's Department
BUFFALO
July 11, 2013
HON. BYRON W. BROWN
MAYOR OF BUFFALO
DEAR SIR:
Pursuant to the provisions of Section 3 -19 of the Charter, I present
herewith the attached resolution item.
No. 3
PASSED July 11, 2013
Approval of Contract with LaSalle Ambulance Inc, d/b /a Rural Metro Medical Services for the
Provision of Emergency Services
Gerald A Chwalinski
City Clerk
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MULTIPLE PAGE COMMUNCIATION TO THE COMMON COUNCIL
DATE: July 3, 2013
TO: THE COMMON COUNCIL
FROM: DEPARTMENT: LAW
SUBJECT: {: Approval of contract with La Salle Ambulance, Inc., dlbla Rural Metro
Medical Services
{: for the provision of Emergency Medical Services
PRIOR COUNCIL REFERENCE: Item No. 075.C.C.P.02/22/05
TEXT:
Attached for your Honorable Body's review and approval is a contract extension with La
Salle Ambulance, Inc., dlbla Rural Metro Medical Services to serve as the City of Buffalo's
Emergency Medical Services provider.
The Law Department is requesting that approval be granted to allow the Mayor of the
City of Buffalo to execute the attached emergency extension agreement until December 31,
2013, The Agreement provides for monthly franchise fee payments of $29,166.66 which are due
under the expired term, as well as for monthly payments of $29,166.66 for the duration of the
subject Agreement.
We have developed a comprehensive Request for Proposals for this service that will be
released the week of July 8, 2013 and requests proposals building upon best practices within the
industry and also creative ways to insure the best response times and service provision in the
City of Buffalo.
The underlying agreement has been amended to provide for an irrevocable letter of credit,
surety bond or equivalent form of liquid performance security in the amount of one million
dollars ($1,000,000), increased from one hundred thousand ($100,000), in a form acceptable to
the City, securing the Ambulance Service's performance pursuant to the provisions of this
Agreement.
Thanking you in advance for your prompt consideration to the above request.
DEPARTMENT HEAD NAME: Timothy A. Bail
TITLE: Corporation Counsel
SIGNATURE OF DEPARTMENT HEAD: d
Rg�E �
I
AGREEMENT
EMERGENCY AMBULANCE SERVICES
THIS AGREEMENT, made the _ day of 2013, by and between
The CITY OF BUFFALO, a municipal corporation of the State of New York having its
principal offices at 65 Niagara Square, Buffalo, New York 14202, (hereinafter called the
"CITY "); and
LA SALLE AMBULANCE, INC., dlbla RURAL METRO MEDICAL SERVICES,
a business corporation having its principal offices at 600 Delaware Avenue, Buffalo, New York,
14202, (hereinafter called "AMBULANCE SERVICE ").
WITNESSETH
WHEREAS, the CITY and AMBULANCE SERVICE entered a contract Agreement
dated March 1, 2005 for the provision of emergency ambulance service within the City of
Buffalo; and
WHEREAS, that Agreement provided for service to be provided through and including
June 30, 2010; and
WHEREAS, said Agreement further provides that the parties, upon mutual consent, may
renew the Agreement for an additional two -year term; and
WHEREAS, the CITY and AMBULANCE SERVICE exercised the renewal provision
of the Agreement in a Contract Renewal Agreement; and
WHEREAS, said Contract Renewal Agreement expired on June 30, 2012, and is not
subject to f irther renewal;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The CITY and AMBULANCE SERVICE agree to continue the mutual obligations and
duties for provision of ambulance services, for a term, to continue retroactively from July 1,
2012, extending through December 31, 2013; and
2. Such services shall continue under the provisions for "Emergency Commitment"
contained in Article I § 16 -3 of the Charter of the City of Buffalo; and
3. Such services shall be provided according to the terms prescribed by the Agreement
between the CITY and AMBULANCE SERVICE, effective March 1, 2005, attached hereto, and
incorporated herein as Exhibit A;
4. Section 4.06 of the Agreement between the CITY and AMBULANCE SERVICE,
effective March 1, 2005, is hereby amended as follows:
To ensure that service remains uninterrupted in the event of premature termination of the
Agreement pursuant to Section 8.06, due to default by Ambulance Service, Ambulance Service
shall be required to provide, as a condition of execution of this Agreement, an irrevocable letter
of credit, surety bond or equivalent form of liquid performance security in the amount of one
million dollars ($100,000,000) in a form acceptable to the City, securing the Ambulance
Service's performance pursuant to the provision of this Agreement. Further, as a condition of
the execution of this Agreement, upon termination of this Agreement pursuant to Section 8.06,
the City may require the execution of a fair market value lease of the Ambulance Services
ambulances or equivalent method, permitting the City or its designee to continue operating an
ambulance service.
5. In consideration of the assignment by CITY of sole provider status for the provision of
emergency ambulance services in Zone(s) in the City of Buffalo, and for dispatching or
arranging for dispatch and providing for first responder services, the franchise fees payable by
AMBULANCE SERVICE under this Agreement shall be based upon the amount estimated for
the provision of management, monitoring, evaluation, licensing and a portion of the capacity
maintained in the Fire Department to provide first responder services. Upon payment of a
1.
monthly franchise fee of Twenty Nine Thousand One Hundred Sixty Six Dollars and Sixty Six
Cents ($29,166.66), the monthly prorated portion of Three Hundred and Fifty Thousand Dollars
($350,000.00), and for other good and valuable consideration, the CITY and AMBULANCE
SERVICE agree to perform each and every term of this Agreement. Franchise fees are to be
paid to the CITY at the conclusion of the term of this Agreement; and
6. Pursuant to a settlement agreement between the CITY and the AMBULANCE SERVICE
entered in the Matter of aural Metro Medical Services, Inc. v. City of Buffalo, et al., (Supreme
Court, Erie County, Index No. 2006 - 8931), it is agreed as follows:
a. AMBULANCE SERVICE agrees to comply with all requirements of the City of
Buffalo Living Wage Ordinance throughout the time period this Agreement is in effect;
b. AMBULANCE SERVICE agrees to maintain appropriate records to ensure
compliance with its obligations under the Settlement Agreement and to provide such records to
the City Living Wage Commission and /or the City upon request. The records will be kept and
provided in such a manner as to readily enable third parties to review and access calculations that
AMBULANCE SERVICE has made regarding the time that its employees have spent providing
services under the Franchise Agreement; and
7. This Agreement shall in no other manner alter or modify the terms and conditions of the
Agreement of March I, 2005 or of the Contract Renewal Agreement, all provisions of which
shall continue unchanged except as specifically provided in this Agreement; and
l
The CITY may cancel this Agreement at any time upon 30 days' notice to
AMBULANCE SERVICE.
CITY OF BUFFALO
BY
BYRON W. BROWN, MAYOR
LA SALLE AMBULANCE, INC., d/b /a RURAL/METRO MEDICAL SERVICES
BY:
1�
CITY OF BUFFALO ACKNOWLEDGMENT
On this day of , 2013, before me personally
appeared Byron W. Brown, being by me duly sworn, did depose and say that he is the Mayor of
the City of Buffalo, the party to this Agreement, and that he has read the contents thereof, and
signed this Agreement.
Notary Public
CORPORATE ACKNOWLEDGMENT
On this day of , 2013, before me personally
appeared
of
principal address as
which is a party to this Agreement, that
did depose and say that is the
having its
has read the contents thereof, and duly executed
this Agreement.
Notary Public
Approval of Contract LaSalle Ambulance dlbla Rural Metro Medical Sery
(Item No. 35, C.C.P. July 9, 2013)
Mr. Smith moved:
That the Mayor is authorized to execute the emergency extension agreement between the
City of Buffalo and LaSalle Ambulance, Inc., d.b.a. Rural Metro Medical Services, which
continues services through December 31, 2013, provides for payment of the monthly franchise
fees of $29,166.66 due under the expired agreement and continuing during the duration of the
extended agreement, and requires the contractor to provide performance security in the minimum
amount of $1,000,000.00.
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Adjournment CCU vIvG )L M &A &L "
On a motion by Councilmember Smith, Seconded by AW l��SS LL , the Council
adjourned at
' ; 4 7
J
GERALD A. CHWALINSKI
CITY CLERK