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Res 164-82 10/5/1982RESOLUTION NO. /61 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CITY ' S AMBULANCE SERVICE CONTRACT WITH PLUMLEF AMBULANCE EMS, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT : That certain First Amendment to Ambulance Service Contract with Plumlee Ambulance EMS , Inc. , a copy of which is attached hereto, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. r PASSED AND APPROVED this the 28th day of September, 1982 . I r I 1 G.r. G M A Y O R ATTEST : City Clerk Page 2 of 14 Pages ' Agenda Item No. 5.b. IRS_ A:•'•E::ME::. TC A _ LA CE S R._CE CONTRACT TH PLUMLEE .Y3 :.ANCZ THE STATE CF TEXAS COUNTY CF WICHITA This First Amendment to Ambulance Service Contract made and entered into as of the day of October, 1982, by and between the City of Burkburnett, Texas, the City of Iowa Park, Texas, and the City of Wichita Falls, Texas, acting by and through their respective City Managers or Mayors, and the County of Wichita, acting by and through its County Judq herei __per called Entities", and Plumlee Ambulance EMS, Inc. , hereinafter __lled "Contractor" . WITNESSETH: WHEREAS, heretofore the parties hereto made and entered into a contract as of April 25, 1961 concerning the furnishing of ambulance services by Contractor; and, WHEREAS, the parties to such contract desire to make certain amendments to the same. NOW, THEREFORE, the parties hereto do hereby mutually agree that Paragraphs I through :C{I are hereby amended to read as follows: I. Contractor covenants and agrees to furnish a full range of ambulance service as an independent contractor for the Purtose of making emergency calls, transfers to, from and between health care facilities and transportation for medical reasons within the actual limits of the County of Wichita. It is expressly understood and agreed by and between Entities and Contractor, that Contractor. is an independent contractor in its relationship to Entities and that nothing contained herein shall at any'time or in any manner be construed to effect an agreement of partnership or joint venture or render any party hereto, the employer or master of any other party and/or its employees, agents or representatives. Emergency calls are situations wherein notice is given to the Contractor, by the Entities' Police Department, Wichita Falls Fire Department, Wichita County Sheriff's Department, or by anyone, that a set of circumstances exist Which require the immediate action of qualified personnel with suitable equipment to render immediate aid in a medical emergency or to any injured person wherein the person or persons are transported to an Emergency Room for treatment. Emergency calls specifically shall not include any call involving routine, non-emergency transfers to or from an inpatient clinic, nursing home Page 3 of 14 Pages or hospital. Agenda..Item. Noy Sb. ._ IV. 1. Contractor will maintain a minimum of four (4) ambulances from and after October 1, 1981, three (3) prior to October 1, 1981, in full operating condition together with crews and all equipment set out in Exhibit "B" within Wichita County at all times. Ambulances leased by the Entities to the Contractor shall not leave the confines 7f .:1:n.`_1 Xis : _- 7rsviie service to transfer persons 31Ct: or -n7 ter„} within ':ichi to County, :this de,23 In ::stanr s. not include transfers where there is no -ecical 'nerr'efCy. n .il_ r_ 1 O ^r: _ '` 111 emergence calls and medical necessity calls will be Ott_ e other calls. 2. The emergency vehicles, equipment and crews sha'.i be located at a base station and at a minimum of two (2) substations. The location of the base station and substations must be 3p Droved by the Entities Chief Executive Offi__rs Two (2) of the substations will be provided placed into service. by the Entities under a lease attached. For those stations or substations provided over and above the aforementioned leased substations, the following general criteria shall be used: a. Ability to reach any area in the City of Wichita Falls within five (5) to eight (3) minutes. b. Ability to reach any area in the County of Wichita within twenty-five (25) minutes. c. Ability to reach any area in the City of Burkbur"nett within. eighteen (18) minutes. A. Ability to reach any area in the City of Iowa Park within fifteen (15) minutes. e. Proximity to high accident locations. f. Proximity to high personal injury locations_ 3. On receipt of an emergency call, Contractor shall, to the extent reasonably possible, promptly notify the City of Wichita Falls Police Dispatcher and, if the call is within the city limits of Iowa Park or BurY.burnett, the Police Dispatcher of that city of the location and probable route of the emergency ambulance answering such call and shall notify the Police Dispatcher of involved City of the time when the ambulance reaches the location. 4. Each ambulance shall be assigned a specific radio call number and each ambulance shall respond to that radio call number. 5. Contractor will not directly or indirectly solicit patronage for Page 4 of 14 Pages any mortuary or funeral home.2-Agenda Item No. 5.b. r,,-,r.-?''„°f.'_,4=i' cr.a..•y..p-4.+- -i•----• tan.^,ta""•.<ar3vC''itsy`C."•.• :=t•y¢."'..!!y[0.'"`y'Y. _ c vr F-".."-mss :.:s :z.'' .i r^a? v, r.•;-5, r.s" F .x, -w`3-. s 6. Contractor shall, at its sole expense, maintain a direct telephone connection between its base station and the City of Wichita Falls Police Department, and direct communications between its base station and all su stat.Cns. The will __ 7. After ceir.c contacted concern;h; %:hat _.; a 7erf:.:.,ny 7111. reauest:,d r;' .. 'a*_er Contractor shall reach the site xc=i t .....'r :e'•'` such as ice on the streets or if all units arc in service attending another emergency call) : a. If within the city limits of the City of Wichita Falls, within an average of five (5) minutes, figured on a monthly, cumulative and annual average, of receipt of a call and shall at all times be at the site within eight (8) minutes, b. If within the city limits of the City of Burkburnett, within eighteen (18) minutes of receipt of a call, figured on monthly, cumulative and annual averages. c. If within the city limits of the City of Iowa Park, within fifteen 15) minutes of receipt of a call, figured on a monthly, cumulative and annual average. ti d. If outside the city limits of a contracting City but within the County of Wichita, within a maximum of twenty-five (25) minutes after receipt of the call, figured on a monthly, cumulative and annual average. 8. Contractor shall be -responsible for collecting all fees for services pursuant to this Contract. Contractor shall assist ambulance users or their representative in the filling;''out of third party payment forms such as Medicare and insurance reimbursement forms. V. The operators of vehicles utilized pursuant to this contract shall have valid Texas Chauffeur's Licenses. Each vehicle shall be manned by two Texas State Health Department certified emergency medical technicians (E.M.T.) , one of whom may be the driver. A minimum of two persons shall comprise the "crew" required to be on each vehicle operating under this Contract. Both of the attendants shall hold and maintain at least Texas State Health Department's ranking of "Emergency Medical Technician".. Each crew member shall provide evidence of a valid driver's license and a current emergency medical technician certification prior to assuming operational duties, unless otherwise approved by Entities. Page 5 of 14 Pages Agenda Item No. 5.b. VI. 1. Contractor shall furnish, at its own expense, vehicles and 3- accessory e, ; melt ....__.. .. eet the =:.1_:,w_.... ..._nLr_.. standar:is In by or future Cities, and State laws, to those =:red all _.-_s u. rules and reTclations. a. Vehicles 1) Type. Each ambulance shall be a Type I, II or III desicn as classified in KKK-A-1322 Sec. 1.2 [GSA Federal Specifications- Ambulance] as suitable for safely transportiny rich and injured persons and shall s' an eme_':enc'_ vehi _le Ln accoranc with ` -_ rules of ne Texas mcand of 2) Age. .If Type II ambulance is I. it shall he of modern manufacture, not older than four (4) years and have no more than 80,000 miles. If Type I or III ambulances are used, they shall be of modern nu not older than three (3) years and have no more than c chassis 0,000 miles. The module shall be refurbished when transferred to a new chassis. , 3) Condition. All vehicles shall be in good mechanical and operating condition and shall include, but not be limited to, all items listed in the State of Texas Rules and Regulation Manual for official motor r vehicle inspection stations. 4) Tires. Ambulances shall be equipped with a full complement of tires and at least one spare tire, all of which have been specially designed for use in providing high speed, heavy-duty ambulance service, and must be,.as aminimum, "premium" quality tires according to the current issue of the Bennett Garfield publication titled "Tire Design" and each tire shall be in sound condition with at least thirty percent 300) of the tread remaining. No recapped, retreaded or regrooved tires shall be used. 5) Brakes. All ambulance brakes shall have power assistance and shall be disc type on front for repeated braking from high speed without fading or failure. The brake pad must have a minimum of 1/8 inch pad thickness remaining. Brakes shall be relined at least every 20,000 miles. Brake drums and rotors shall be turned when brakes are relined. 6) Windshield Washers. Windshield washers of the type regularly furnished by the manufacturer must be furnished. 7) Heaters. First quality heaters as regularly furnished by the manufacturer, suitable for ambulances, shall be provided. Heaters must be complete with defrosters, and factory installed. 4- Page 6 of 14 Pages Agenda Item No. 5.b. 8) Windows and windshield. Shall be of safety glass. 9) Air Conditioning. First quality air conditioner capable of maintaining temperatures in the ambulance at comfortable level must be furnished. 10) Height. Ambulances placed into ucrvice in the per`orm.3r._-- of this contract shall have an inside height (floor to roof) of at least sixty 60) inches. 11) ' Marking. Each ambulance must he marked distinctively with the name of the company providing ambulance service and a specific number individually designating each ambulance. Vehicles leased to Contractor by Entities shall, after the number, and in the same size, be marked with "PV". 12) All minimum specifications of -A-1822, except for extrication equipment and storage thereof, are required to be met by each vehicle and shall continue to apply to all vehicles, normal wear and tear excepted. b. Radios - 1) Each ambulance and the ambulance dispatcher shall be equipped with a two-way radio capable of maintaining constant communications s with all ambulance and dispatch radios within Wichita County. 2) Contractor agrees to supply the radio system, including tower, and to maintain the eqi;ipment in good working order. c. Medical/Emergency Supplies Contractor agrees to furnish at its expense the equipment and supplies set out in Exhibit "B" in sufficient quantity to fully stock each ambulance at all times. VII. Vehicles shall at all times, when not on call, be available and subject to inspection by the Director of the City/County Health Unit or his designee at a location and in such a manner as he may require. In event of mechanical defects or equipment defects, the Director of the City/County Health Unit shall have the right to prohibit further use of the vehicle until appropriate action has been taken to remedy the defects. Prompt reasonable notice of such action shall be given contractor. VIII. Contractor shall provide a good and sufficient performance bond in the amount of Ten Thousand Dollars ($10,000) guaranteeing the full and faithful execution and performance of the contract. Said bond shall be executed by the Page 7 of 14 Pages Agenda Item No. 5.b. 5- Contractor and one corporate surety authorized to do business in the State of Texas. The surety shall designate a resident agent in Wichita County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters rising out of such suretyship. A dunlicate original of the performance bond shall be provided each City and County. The performance bond shall state that no term of the bond will be altered nor will the bond be cancelled without thirty (30) days written notice to each City and County. Contractor covenants and agrees to indemnify, hold harmless and defend Entities and its respective agents, servants and employees from and against any and all claims for damages or injuries to Persons or property to whatsoever kind of character, whether real or asserted, arising out of or incident to the operations of Contractor's ambulance service and all other of its operations arising under or otherwise incident to the provisions of this contract; and Contractor hereby assumes as between the parties to this Contract all liability and responsibility for injuries, claims or suits for damages to persons or property of whatsoever kind or character, whether real or-asserted, occurring during the term of this agreement arising out of or by reason of the operation of Contractor's ambulance service and all other of its operations arising under or otherwise incident to the provisions of`Tthis contract. Contractor further agrees to purchase and have in effect, at Contractor's expense, during the term of this agreement a public liability insurance policy in amounts of at least $100,000, Bodily Injury per person; $300,000 Bodily Injury per incident; $100,000, Property Damage; or, if higher, as may be required to meet the limits of liability under V.A.T.S. Article 6252-19 as amended. . Insurance shall be written by companies licensed to do business in the State of Texas. Contractor further agrees to name the Entities as additionally insured in such insurance policy. A certificate of Insurance shall be filed with Entities. The policy of insurance shall state that Entities are additionally insured and that no term of the policy will be altered, nor will the policy be cancelled without thirty (30) days written notice to Entities. X. All terms and conditions of Exhibit "C" (use of substation) are part of this contract as if specifically written herein. All terms and conditions of Page 8 of 14 Pages Agenda Item No. 5.b. 6- Exhibit shall, when executed, be an intecral fart_ af this contract as that S are o`ide if Speciflcall`: , r+ n hcreln. It is 1:. =_3 001 i f`ct date of this contract, two (2) ambulances within sixty (60) days of the ive subject to availability, at which time Exhibit "D" , as filled in with vehicle identification, shall be executed and become fully effective. XI. Contractor agrees that when ambulance service is furnished, the patient the - li tat to •:rhi•_., is to may exorass his preference as to the o'. . is unable_ to express a preference, or tithe' e ex7r^_SSes no ,)re: L- tt: patient anC he shall be fa::en to the emergency room of a Iccal )snital. XII. 1 Advisory Comm"---- to consist Of Herein :;,all c,-care an Ambulance thief _vo.-..f =.:e Officer of each Entity, together with two (2) li consed hysici_ns practicing within the County of Wichita and one citizen residing within the confines of Wichita County. The Physicians and the citizen will be requested to serve by the Chief Executive Officers of the Entities. The Committee will have the responsibility to be the intermediary between the Entities elected offi- cials and-tile Contractor, and to make recommendations to their governing bodies concerning problems that may- occur, and other matters concerning ambulance services within Wichita County. Contractor shall at all/times be receptive to the recommendations of the Entities for Contractor's improvement of both the services provided by Contractor and the economic efficiency of Contractor's business. Contractor shall fully cooperate with the Entities in all other areas, such as police and sheriff,'s inves- tigations of events requiring emergency medical service. XIII. The Contractor shall not assign this contract or any rights hereto in whole or in part to any person, firm or corporation without the prior consent in writing of the Entities. XIV. Contractor shall keep all of his financial records in a manner consistent with generally accepted accounting principles, practices, procedures and stand- ards as defined by the American Institute of Certified Public Accountants. For the..purposes of this contract, Contractor shall operate with a fiscal year be- ginning May 1 and ending April 30 of each year. Not later than June 1 of each year, Contractor will at his expense employ an independent certified public Page 9 of 14 Pages - Agenda Item No. 5,b; 7- accountant to audi.. the peeks ecorz:s . Contractor ..:2c . th.2 c. nc_ s_.... cf fiscal year. Withineachfiscal sixty. l-)ti) tea•:s after the a.nd of each . iscal year. .in audit report of the previous year' s Ambulance service operations shall be present._,. to the Entities together with an auditor' s opinion that the financial records are kept in conformity with generally accepted accounting principles and that the audit presents fairly the financial position of Contractor with respect to this Contract. In addition to the above and foregoing paragraphs r-acing to auditing of Contractor's books, the Entities shall have the right at .. il reasonable times during business hours, to inspect and/or audit all financial records and books of Contractor. Contractor further agrees to keep and maintain a complete and separate re- cord of all revenues and expenses concerning this contract and agrees not to commingle the revenues and expenses and other financial matters associated with this contract with any other monies whatsoever. XV. A monthly summary report of the record of billings and collections, re- sponse times and other information shall be provided in such form and at such time as required by the City Manager, City of Wichita Falls, or his designee, and shall be filed with the Entities by the Contractor. The report shall be for each calendar month, shall provide year-to-date figures, a monthly profit and loss statement, and shall be filed not later than the 15th day of the month following the reported month. XVI. The Entities covenant and agree to pay Contractor for providing emergency and transfer service in the County of Wichita, Texas, as provided for in this contract, the sum of One Hundred Seventy-Six Thousand ($176,000.00) Dollars annually, 1/12 payable on the last day of each month, which sum shall be subject to annual adjustments based upon, but not limited to, the following factors: service levels, rates being charged, profit margin, collection ratio, cost of operation, operational efficiency, maintenance of vehicles, and other factors. Any annual adjustments granted by the Entities shall be effective not earlier i than October 1 of the year during which the adjustment is sought by the Contractor. Entities shall, nevertheless, retain the right to seek adjustments in the amount payable to the Contractor at any such times as Medicare or Medicaid or similar J Page 10 of 14 Pages Agenda Item No._ 5.b. 8- .. payments to the Contractor are increased to the extent that Entities feel re- consideration of Entities payments is merited. XVII In those instances wherein a Medical emergency exists and one of the Entities signatory to this agreement needs to have a prisoner transported from its jail to a hospital, Contractor agrees to furnish emergency ambulance services for that Entity at one-half its normal rates and charges. The annual payment provided hereunder by the Entities to the Contractor is intended to compensate the Contractor for the remain .-.-.g one-half cost of the emergency services rendered. XVIII All payments required or which may be hereafter required under this Contract shall be due and payable in Wichita County, Texas, and venue for any suits filed on this Contract shall be in Wichita County, Texas. XIX During the period in which this contract is in force and effect, all calls for ambulance service received by police dispatchers of the Entities or the Wichita County Sheriff's PsDe artment shall be referred to Contractor, except as otherwise required by law. XX This contract shall become effective as of 12:01 a.m. April 25, 1981, and shall continue in force and effect until 12:01 a.m. April 25, 1985. It is entered into subject to the Charter and Ordinances of Entities and to applicable State laws. This contract may be extended for additional one- year terms upon written agreement of both parties. XXI This agreement shall terminate on the occurrence of any of the following events: 1) Notice of dissolution of Contractor's corporation; 2) At any time after the Contractor fails to perform his duties under this agreement for whatever cause for a continuous period of morethan 60 days after notice, all obligations of the Contractor hereunder shall cease upon any such termi- nation; 3) The willful breach of duty, the habitual neglect or continued incapacity on the part of the Contractor to perform his duties unless waivered by the Entities after notice is given; 4) The willful or permanent breach of the obligations of the Contractor to the Entities under this agreement unless waivered by the Entities upon proper notice. In the event of the termination of this agreement prior to completion of the term of the contract specified herein, the Contractor shall be entitled to the compensation earned Page 11 of 14 Pages9- Agenda Item No. 5_1). by him prior to the date of termination as provided in this agreement computed pro rata up to and including that date and Contractor shall be entitled to no further compensation as of the date of termination. Notices, as provided for herein, shall be given to each party as follows: TO CITY: City of Wichita Falls City of Iowa Park P.O. Box 1431 P.O. Box 190 Wichita Falls, Texas 76307 Iowa Park, Texas 76367 Attention: City Manager Attention: City Administrator City of Burkburnett 415 Avenue C Burkburnett, Texas 76354 Attention: City Manager TO COUNTY: County of Wichita Wichita County Courthouse Wichita Falls, Texas 76301 Attention: County Judge TO CONTRACTOR: Mr. Joe Plumlee Plumlee Emergency Medical Services, Inc. 909 Eureka Street Weatherford, Texas 76086 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed on the date first above stated. ATTEST: CITY OF WICHITA FALLS, TEXAS BY: City Clerk City Manager APPROVED: ATTEST: CITY OF BURKBURNETT BY: City Clerk City Manager ATTEST: CITY OF IOWA PARK BY: City Clerk Mayor ATTEST: COUNTY OF WICHITA BY: City Clerk County Judge ATTEST: PLUMLEE AMBULANCE EMS, INC. BY: Coporate Secretary Joe Plumlee, President Page 12 of 14 Pages 10- Agenda Item No. 5.b.