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Res 1911 1/18/1977RESOLUTION NO. If// RESOLUTION APPROVING MUTUAL RELEASE BY ALL PARTIES OF CONTRACT BETWEEN GOLD CROSS AMBU- LANCE SERVICE, INC. OF WICHITA FALLS, TEXAS AND THE CITY OF WICHITA FALLS AND OTHERS, AND APPROVING A CONTRACT WITH ROBERT W. COBURN FOR AMBULANCE SERVICE. WHEREAS, heretofore, Wichita Falls, Wichita County, Burkburnett and Iowa Park entered into a contract dated February 1, 1975 with Gold Cross Ambulance Service, Inc. of Wichita Falls, Texas, whereby Gold Cross agreed to furnish ambulance service; and, WHEREAS, Gold Cross is selling all its assets to Robert W. Coburn, and the parties to such contract desire to termin- ate the same, and the governmental parties desire to enter into a new contract with Robert W. Coburn. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The Mayor is authorized to execute, for the City of Wichita Falls, a mutual release with all of the other parties of the above described contract dated February 1, 1975. SECTION 2. That certain contract for ambulance service, a copy of which is attached hereto, between Wichita Falls, Wichita County, Burkburnett, Iowa Park and Robert W. Coburn is hereby approved, and the Mayor is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 18th day of January, 1977. MAY O 7 ATTEST: 1,0d / City Clerk 7 1 ! I Exhibit C THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA THIS CONTRACT made and entered into as of the 1st day of February , 19 77 , 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 Mayors, hereinafter called "Cities"; the County of Wichita, acting by and through its County Judge, hereinafter called "County", and Robert Coburn, DBA/Gold Cross Ambulance Service, of Wichita Falls, hereinafter called "Contractor". WITNESSETH : Contractor agrees as an independent contractor, at its own cost and expense, to furnish emergency ambulance service in the County of Wichita in compliance with the terms and conditions, covenants and agreements hereinafter set forth: I. Contractor covenants and agrees to furnish ambulance service as an indepen- dent contractor for the purpose of making emergency calls within the limits of the County of Wichita in accordance with the directions of the police dispatchers, the sheriff and the Texas Highway Patrol within Wichita County, Texas. Such emergency ambulance service shall be rendered in compliance with the proposal heretofore made to Cities and County by Contractor, a copy of which is attached hereto, marked Ex- hibit A. II. Equipment and crews shall be located at a point to be selected by Contractor, subject to written approval of the Director of the Wichita Falls City-County Health Unit. III. After having been called upon by the police dispatcher, Contractor shall notify him of the route and location of an ambulance answering such call. IV. Contractor covenants and agrees to furnish at its own expense the ambulances and accessory equipment set out in Exhibit A. V. Contractor shall be permitted to charge not more than the fees set out in Exhibit B. VI. Contractor shall make every reasonable effort to collect charges for any and all patients transported. However, if upon the expiration of ninety (90) days from Contractor's original invoice to the patient, such efforts have been unsuccessful, Contractor will then bill the Cities and the County for 100% of all such unpaid charges and will assign such unpaid account to the Cities and County. In no event will such billing for unpaid charges be greater than $63, 000 annually, or $5,250 per month. At a maximum Cities and County shall pay the Contractor monthly in cash $5,250 times the number of months completed within the current year, less the total payments made within the previous months of the current year. Cities and County shall have the right to audit or spot check any unpaid charges billed. Cities and County shall also pay to Contractor for no-pickup calls initiated by law enforcement officials based upon the schedule of fees provided in this contract. VII. Payments to the Contractor by the Cities and the County will be apportioned in the following manner: (a) payment for ninety day delinquent or unpaid charges will be apportioned so that the City of Burkburnett will pay 5% of the total delinquent charges, the City of Iowa Park will pay 3%, the City of Wichita Falls will pay 42% and the County of Wichita will pay 50%; (b) payment for all no-pickup calls initiated by the respective law enforcement officials of the Cities and County shall be paid by the respective govern- mental employer of such official based upon the schedule of fees provided in this contract. VIII. Contractor shall provide a good and sufficient performance bond in the amount of Five Thousand DollarsdDollar ($5, 000) guaranteeing the full and faithful execution and per- formance of the Contract. Said bond shall be executed by the Contractor and one cor- porate surety authorized to do business in the State of Texas. The surety shall designate an agent resident in Wichita County, Texas, to whom any requisite notices may be de- livered and on whom service of process may be had in matters rising out of such surety- ship. 2- IX. Contractor agrees to operate the ambulance in accordance with the require- ments of the State law and applicable ordinances of the City of Burkburnett, the City of Iowa Park, and the City of Wichita Falls. X. It is expressly understood and agreed by all parties hereto Contractor is an independent contractor in its relationship to the City of Burkburnett, the City of Iowa Park and the City of Wichita Falls and to the County of Wichita. Nothing herein con- tained at any time or in any manner shall 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. XI. Contractor covenants and agrees to jointly and severally indemnify, hold harm- less and defend, Cities and County and their respective agents, servants and employees, from and against any and all claims for damages or injuries to persons or property of whatsoever kind or character, whether real or asserted, arising out of or incident to the operation of its emergency 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 this emergency ambulance service and all other of its operations arising under or otherwise incident to the provisions of this Contract. XII. During the period in which this Contract is in force and effect, all calls for ambulance service by police dispatchers or the sheriff shall be referred to Contractor. XIII. Contractor agrees that when ambulance service is furnished, the patient may express his preference as to the hospital to which he is to be taken. If the patient is unable to express a preference or otherwise expresses no preference, he shall be taken to Wichita General Hospital. 3- XIV. This Contract shall become effective as of February 1. 1977 , and shall be in force and effect for a period of five (5) years thereafter. It is entered into subject to the Charter and ordinances of the Cities and to applicable State Laws. XV. All payments under this Contract shall be due and payable in Wichita County, Texas, and venue in any suits filed on this Contract shall be in Wichita County, Texas. XVI. Within sixty (60) days after the end of each contract year, the terms of Para- graphs V and VI of this Contract will be reviewed by the parties, and shall be subject to renegotiation at the request of any party. The Cities or County may terminate the Contract by giving six months written notice to the other party, which notice shall be delivered in person or by certified mail. The Contractor may terminate the contract by giving six months notice to the other parties, which notice shall be delivered in per- son or by certified mail. EXECUTED by the City of Burkburnett, the City of Iowa Park, and the City of Wichita Falls, the County of Wichita and Robert Coburn, DBA/Gold Cross Ambulance Service of Wichita Falls, acting by and through their duly constituted representatives, as of the day and year first above written. CITY OF BURKBURNETT BY: MAYOR ATTEST: CITY CLERK CITY OF IOWA PARK BY: M ' O ATTEST: 2 CITY CLERK 4- CITY OF WICHITA FALLS BY: yZL '` ` MhiOR 1 ATTEST: CITY CLERK COUNTY OF WICHITA BY: '74/(1,4 O,uirk_ COUNTY JUDGE ATTEST: i!' R' 7;v<;r COUNT CLERK ROBERT COBURN, DBA GOLD CROSS AMBULANCE SERVICE OF WICHITA FALLS e-/1 -1(I 6/617z6/4,_.---BY: C Z Robert William Coburn ATTEST: e_AveLy e 5- Exhibit A PROPOSAL OF ROBERT COBURN, DBA/GOLD CROSS AMBULANCE SERVICE OF WICHITA FALLS, TO RENDER AMBULANCE SERVICE TO THE CITIES OF BURKBURNETT, IOWA PARK, WICHITA FALLS AND WICHITA COUNTY, TEXAS Ambulance Service Proposed By Gold Cross Gold Cross Ambulance Service proposes to provide emergency and transfer ambulance services within the confines of Wichita County. To perform these services Gold Cross will maintain a fleet of four ambulances, each equipped with the following: One ambulance cot with adjustable head rest Three folding emergency stretchers One compartment for clean supplies One compartment for soiled supplies Ten sheets, five pillow cases freshly laundered and wrapped in pairs when not in use Two "E" oxygen cylinders equipped with face mask Splints, including inflatable air splints - one-half leg splint, one full leg splint, one foot and ankle splint, one full arm splint, one one-half arm splint, one ankle and wrist splint, one Thomas traction splint, two padded board splints (3' x 3"), two padded board splints (4-1/2' x 3") Bandages, 2 inch and 3 inch rolls Bandage shears Tourniquet Aspirator, rubber bulb Elastic bandages, 3 inch rolls by 6" Five bias cut stockinettes, 3 in. x 3 ft. rolls for splinting Two adult airway passages Two child Airway passages Two infant airway passages Tongue depressors One resuscitube airway - adult and infant Adhesive tape, 1 in. , 2 in. and 3 in. rolls Umbilical cord clamps Four tuft bath towels Four hand towels One cotton blanket One pillow Four safety pins Eight gauze pad dressings One plastic sheet Manually operated aspirator Portable resuscitator, e.g. , bag and mask type Adequate restraints to prevent patient from falling or rolling from his proper position for resuscitation, care and transportation Two sand bags Emesis basin Triangular bandages Two-way radio Red light and siren Tachograph Hand spotlight Separate heating and air conditioning units for the front compartment and patient compartment Partition between driver and patient In relation to sanitation: Each ambulance will have closed compartments for first aid equipment free from dust, insects and rodents. The interior of each ambulance will be clean and wiped with an approved antiseptic daily even if ambulance has not been used, and after each patient transported unless an emergency prevents same. Weather permitting, each ambulance will be cleaned on the exterior each day. In the event of transportation of a patient with a contagious or infectious disease, each ambulance will be cleaned, wiped with approved antiseptic, and removed from service for twenty-four hours. There will be at all times freshly laundered linen on cots used to trans- port patients, changing linen after each patient carried. Two fully trained technicians will be assigned to each ambulance, both qualified as recommended by the President's Committee for Traffic Safety and in accordance with the recommendation of the Ambulance Service Accreditation Program. Each tech- nician will be certified by the Texas State Department of Health as Emergency Medical Technicians-Ambulance. Moreover, each technician will have completed the American Red Cross course in Advanced First Aid and the American Heart Association course on cardio-pulmonary resuscitation. All will serve exclusively as ambulance personnel - not as part-time driver or attendant. All will be paid in strict compliance with the Federal Wage and Hour Law. All of the ambulances to be used by Gold Cross can transport four stretcher patients - each with oxygen and other special equipment. Communications All Gold Cross ambulances are equipped with two-way radio units and Gold 2- Cross has a direct (non-dial) telephone connection from its central dispatching office to the Wichita Falls Police Department and also to the emergency rooms in major hospitals. Thus, the emergency rooms can be given all pertinent information and can be put on a standby basis prior to the arrival of a patient. The saving of time at such a critical period can well mean a saving of life. This type of communication makes itPgYP possible to eliminate the number of red light and siren runs, thus avoiding a very serious traffic hazard. 3- e Exhibit B SCHEDULE OF FEES The following is the schedule of maximum fees for ambulance service in the Cities of Burkburnett, Iowa Park, and Wichita Falls and Wichita County: Transfer Service - In Wichita Falls non-emergency) 9 A.M. to 4 P.M. 35. 00 Emergency Service - Base Rate Plus 1. 00 per mile from pickup to destin- ation 45. 00 No Pickup Fee 20.. 00 Extras: Oxygen 5.00 Waiting time in excess of 15 minutes; For each additional one-half hour 5. 00 Special Handling 5. 00 For each extra patient (up to 3 extra patients); one-half total price charged for single patients