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Res 1604 1/7/1975r RESOLUTION NO. RESOLUTION APPROVING CONTRACT BETWEEN WICHITA FALLS, BURKBURNETT, IOWA PARK, WICHITA COUNTY AND GOLD CROSS AMBULANCE SERVICE, INC. OF WICHITA FALLS, PROVID- ING FOR AMBULANCE SERVICE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the cities of Wichita Falls, Burkburnett and Iowa Park, Wichita County, and Gold Cross Ambulance Service, Inc. of Wichita Falls, providing for ambulance service in Wichita County, is hereby approved, and the Mayor is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED THIS THE 744-/ DAYDAY OF k2-6-eLy 1975. M A Y O R cN ATTEST: C I T Y...; t14; / C L E R K THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA THIS CONTRACT made and entered into as of the 1st day of February, 1975, 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 res- pective Mayors, hereinafter called "Cities"; the County of Wichita, acting by and through its County Judge, hereinafter called "County", and Gold Cross Ambulance Service, Inc. of Wichita Falls, a Texas corporation, 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 here- inafter set forth: I. Contractor covenants and agrees to furnish ambulance service as an independent 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 Exhibit A. II. Equipment and crews shall be located at a point to be selected by Con- tractor, subject to written approval of the Director of the Wichita Falls City-County Health Unit. ti 2- 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 am- bulances 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. The patient-user will be charged for services rendered and the Contractor will make every reasonable effort to collect such charges.- However, If upon the expiration of ninety (90) days from Contractor's original invoice to the patient- user, such efforts have not been successful, Contractor will then bill the Cities and the County for 100% of the unpaid charge and will assign such unpaid account to the Cities and County. Further, the Cities and County shall guar- antee the Contractor shall accrue annual gross revenue in the amount of 127,890. 00 being equivalent to ten calls per day at $35.53 average charge per call. This guarantee shall be implemented in the following manner: by the 10th day of each month, Contractor shall furnish Cities and,County a statement certi- fied by Contractor's manager showing the amount of gross revenue accrued from all operations for the preceding month; a further certified statement shall be furnished each month by Contractor which would accumulate for all months of the current contract year gross revenues accrued from all operations; by the 20th day of the month, Cities and County shall pay Contractor in cash the differ- ence between $10,657.50 times the number of months completed within the current year less, for the same number of months, all accrued gross revenues plus the S 3- total of all supplemental payments previously paid during the current contract year to Contractor by Cities and County. VII. Payments to the Contractor by the Cities and the County will be apportioned in the following manner: (a) payment for delinquent charges resulting from calls initiated by police and sheriff departments 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 en- forcement officials of the Cities and County shall be paid by the respective governmental employer of such official based upon the schedule of fees provided in this contract;-:(c) payment of the difference between the monthly guarantee and-- 9 the accrued monthly revenue (including that paid or to be paid pursuant to part a) and/or (b) hereof) will be apportioned so that the City of Burkburnett will pay 5% of such difference, the-City of Iowa Park will pay 3%of such difference, the City of Wichita Falls will pay 42% of such difference and the County of Wichita will pay 50% of such difference. VIII. Contractor shall provide a good and sufficient performance bond in the amount of Five Thousand Dollars ($5,000. 00) guaranteeing the full and faithful execution and performance of the Contract. Said bond shall be executed by the Contractor and one corporate 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 delivered and on whom service of process may be had in matters rising out of such suretyship. IX. On or before the 10th day of each month, Contractor shall furnish to the Director of Finance, City of Wichita Falls, a complete and composite report in ti 4- writing showing its operations during the preceding month for the ambulance service, including all income and all expenditures. Said reports shall show the number of calls made by Contractor and such other detail as the Cities, or any of them, and/or the County may reasonably request. X. Contractor agrees to operate the ambulance in accordance with the re- quirements of the State law and applicable ordinances of the City of Burkburnett, the City of Iowa Park, and the City of Wichita Falls. XI. 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 contained 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. XII. Contractor, its Officers and Shareholders, each covenant and agree to jointly and severally indemnify, hold harmless 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 ambu- lance service and all other of its operations arising under or otherwise incident 5- to the provisions of this Contract. XIII. 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. XIV. 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 prefer- ence, he shall be taken to Wichita General Hospital. XV. This Contract shall become effective as of February 1, 1975, 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. XVI. 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. XVII. The Contractor shall keep all of his financial records in a manner con- sistent with generally accepted accounting principles, practices, procedures and standards, as defined by the American Institute of Certified Public Account- ants. By January 1, of each year, the Cities and County will appoint an inde- pendent Certified Public Accountant to audit the books and records of the Contractor upon the conclusion of each contract year. The cost of such audit shall be borne by the Contractor, but shall also be considered as a legitimate 6- expense of the ambulance operation. Within sixty (60) days after the end of each contract year, an audit of the previous year ambulance service operation shall be presented to each City and County 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 the Contractor. XVIII. Upon receipt of the annual audit within sixty (60) days after the end of each contract year, the terms of Paragraphs 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 certi- fied mail. The Contractor may terminate the contract by giving six months notice to the other parties, which notice shall be delivered in person or by certified mail. XIX. AFFIRMATIVE COVENANTS During the term of this contract, or any extension hereof, the Contractor agrees that it shall: a) Deposit all receipts and/or payments (whether cash, check, or otherwise), into a single bank account designated by Contractor to the Cities and County; b) Prepare deposit slips for all deposits which clearly reflect the source of such funds and the purpose for which said advance or payment was made; c) Reflect in a clear and intelligible manner the purpose of all checks and transfers drawn upon Contractor's bank accounts; d) Maintain clear and complete records in Contractor's possession supporting all reimbursements or payments made by Contractor; e) Provide the City with an itemization, in January of each year, of the dollar value and/or dollar cost, whichever is greater, of all fringe benefits (whether or not taxable to the recipient as income) provided by the Contractor to each and every person who is either an Officer, Director or Shareholder (beneficially or of record), or a dependent thereof, during the preceding calendar year or any part thereof; 7- 1)Promptly provide the City with a copy of the Certificate of Title on each vehicle in which Contractor owns an interest and obtain the reflection upon each such title of the true ownership of each said vehicle; g) Provide, on or before February 15, 1975, the City with an itemization of all loans, if any, made to the Contractor by any entity or person whatsoever from January 1, 1974 to February 1, 1975, together with a schedule for each such loan reflecting any payments thereon, including the date and method of each such payment and the unpaid balance of each such obligation as of February 1, 1975; h) Obtain the prompt repayment, and in any event on or before Febru- ary 15, 1975, of any and all loans or advances heretofore made by Contractor to persons who are Officers, Directors or Shareholders beneficially or of record), of Contractor, or dependents of any such persons. i)Promptly provide the Cities and/or County, and in any event on orPYPY before February 15, 1975, with a copy of any and all rental, lease, and/or option agreement (s) to which Contractor is a party. Pay all business expenses of Contractor, in excess of 25. 00 bj) Y xP by check. k) Purchase Cashier's Checks only by bank check which clearly and completely reflects the purpose and payee of each such Cashier's Check so purchased. 1)Refrain_from-making:any_loans-to persons who are either-Officers, Directors or Shareholder's.of the Contractor, or dependents 'of aiiy"w such person. m) Provide the Cities and County with a copy of each Life Insurance Policy for which the Contractor makes premium payments, in- cluding the beneficiary designation thereof and together with any and all documents or agreements which pertain to the use, benefit or ownership of the reserve for Life Insurance reflected upon oper- ating statements of the Contractor and/or accumulated by virtue of premium payments made wholly or in part by the Contractor. EXECUTED by the City of Burkburnett, the City of Iowa Park, and the City of Wichita Falls, the County of Wichita and Gold Cross Ambulance Service, Inc. 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 t 8- CITY OF IOWA PARK BY: MAYOR ATTEST: CITY SECRETARY CITY OF WICHITA FALLS BY: MAYOR ATTEST: CITY CLERK COUNTY OF WICHITA BY: COUNTY JUDGE ATTEST: COUNTY CLERK GOLD CROSS AMBULANCE SERVICE, INC. OF WICHITA FALLS BY: Robert William Coburn Vice-President ATTEST: OFFICERS & SHAREHOLDERS Exhibit A PROPOSAL OF GOLD CROSS AMBULANCE SERVICE, INC. , TO RENDER AMBULANCE SERVICE TO THE CITIES OF BURKBURNETT, IOWA PARK, WICHITA FALLS AND WICHITA COUNTY, TEXAS The Applicant Gold Cross Ambulance Service, Inc. , is a Texas corporation of which Kenneth Thompson, Jr. , is President. Mr. Thompson is exceptionally well-qualified to conduct a professional ambulance service meeting the highest standards. He is Presidnet of Modular Ambulance Corporation, a firm engaged in the production of emergency medical vehicles in Arlington, Texas. He was formerly Presidnet of ambulance services in Wichita, Kan- sas, and Fort Worth, Texas. Robert Coburn is Vice President and opera- tions manager of Gold Cross Ambulance, Inc. He has served in this capacity in Wichita Falls since April of 1967. Previously he worked with Gold Cross Ambulance of Wichita, Kansas for five years. Mr. Thompson and Mr. Coburn are members of the Ambulance Association of America, a pro- fessional organization dedicated to the improvement of ambulance operations. Mr. Thompson has been active in the Ambulance Service Accreditation Program which has established standards for accrediting ambulance service in lead- ing cities throughout the country. His firm in Wichita was one of the first to meet all of the standards. 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 ambu- lances,_ 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" s 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 transport 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 technician 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 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 it possible to eliminate the number of red light and siren runs, thus avoiding a very serious traffic hazard. Endorsement for Continuation of Gold Cross Ambulance Service Gold. Cross..Ambulance, :Inc.,=ha provided thCit1eS..-of .Burkburnett z. Iowa Park, and. Wichita Falls and Wichita County ambulance service since April of 1967. This proposal calls for a continuation of the service which Gold Cross has provided. The Trauma Committee of the Wichita County Medical Society met on September 17, 1974, to review the services provided by Gold Cross. The attached letter from Dr. Philip Stephenson, M.D. , Chairman of the Trauma Committee, endorses the service provided by Gold Cross Ambu- lance and recommends that it be continued. (See attached letter from Dr. Stephenson.) 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. 30.00 Emergency Service - Base Rate 40.00 Plus $1.00 per mile from pickup to destination 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