Min 01/18/1977300
Wichita Falls, Texas
Memorial Auditorium Building
January 18, 1977
Items 1 & 2
The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session
on the above date in the Council Room of the Memorial Auditorium Building at 8:30 o'clock
A.M. , with the following members present:
J. C. Boyd, Jr. Mayor
Dr. Guillermo Garcia
Bill E. Gowan X Aldermen
Ray Ashbrook
W. E. Ryle
Jerry F. Mathis
Gerald Fox City Manager
H. P. Hodge, Jr. City Attorney
Gerald Carlson City Clerk
Wilma J. Thomas Deputy City Clerk
Hardy McAlister Absent
The invocation was given by Mr. Raabe.
Item 3
Moved by Alderman Gowan that minutes of the meeting held January 4, 1977, be
approved.
Motion seconded by Alderman Ryle, and carried unanimously.
item 4a
Elmer Lewis, a police department employee, was honored as Employee of the Month.
Mayor Boyd presented him with a plaque, and two tickets each to El Babo's restaurant
and to a movie.
Item 4b
Walter Martin appeared regarding the procedure used by the Municipal Court in
processing overtime parking tickets. He received an overdue notice of a parking ticket
which was issued to him on November 19. Mr. Martin stated that he did not receive the
ticket, but sent in $1.00 of the $2.00 overdue charge, along with a letter explaining
that he was unaware of this ticket. On December 6 he received a notice saying that
a warrant had been issued for his arrest. He stated that he feels this letter is too
strong. Alderman Gowan pointed out that our present system of collecting parking
tickets works because of the letter. The system did not work before they began using
the letter. The chance of a person being arrested before they receive any of the
three notices (ticket, first overdue letter, and second letter) is not very great.
Mrs. McNair stated that he also would have been called before he was arrested.
v Item 4c
Robert Harman, 4401 Tobago, appeared as chairman of the Notre Dame festival
which will be held on April 29 and 30, and May 1, on the grounds of Notre Dame School.
They desire to raise money for the elementary, and junior/senior high school activities.
He requested that they be authorized to sell beer on premises on a temporary basis at
this festival.
ORDINANCE NO. 3155
ORDINANCE AUTHORIZING SALE OF BEER AT ThE NOTRE DAME SCHOOL SPRING FESTIVAL,
APRIL 29 THROUGH MAY 1, 1977.
Moved by Alderman Garcia that Ordinance No. 3155 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
301
Item 4c, cont'd.
Ayes: Mayor Boyd, Aldermen Garcia, Gowan, and Ashbrook
Nays: Aldermen Ryle and Mathis
v Item 5a
A proposed ordinance was presented establishing a maximum speed limit on Hamilton c..:
Boulevard.
VORDINANCE NO. 3156
AN ORDINANCE CORRECTING THE MISTAKE IN ORDINANCE NO. 3069 OF LETTERING
PARAGRAPH (AO) ; ADDING PARAGRAPH (AS) TO SECTION 29-91 OF THE CODE OF
ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ESTABLISHING A PRIMA FACIA
MAXIMUM SPEED LIMIT ON A PORTION OF HAMILTON BOULEVARD; AND DECLARING AN
EMERGENCY.
Moved by Alderman Garcia that Ordinance No. 3156 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Item 5b
Discussion was held on a proposed ordinance to change council meeting dates in
February and March.
Moved by Alderman Ryle that the dates be changed to February 22, March 8 and March
22, 1977.
Motion seconded by Alderman Ashbrook, and failed by the following vote:
Ayes: Aldermen Garcia, Ashbrook, and Ryle
Nays: Mayor Boyd, Aldermen Gowan and Mathis
Item 5c
A proposed ordinance was presented reducing the previous appropriation for
sanitation containers and Kell right-of-way.
v'ORDINANCE NO. 3157
AN ORDINANCE AMENDING ORDINANCE NO. 3090, TO REDUCE FURTHER THE APPROPRIATION
FOR SANITATION CONTAINERS AND KELL R-O-W
Moved by Alderman Ryle that Ordinance No. 3157 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen Garcia, Gowan, Ryle, and Mathis
Nays: None (Alderman Ashbrook was out of the room) .
A proposed ordinance was presented appropriating $49,000.00 for police headquarters
expansion.
ORDINANCE NO. 3158
AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO PROJECT
NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY.
Moved by Alderman Ryle that Ordinance No. 3158 be passed.
Motion seconded by Alderman Mathis, and carried by the following vote:
Ayes: Aldermen Garcia, Gowan, Ryle, and Mathis
Nays: None (Alderman Ashbrook was out of the room) .
302
Item 6a
A proposed resolution was presented authorizing a contract with Industrial
Foundation of the South to assist in verifying injury histories under workmen's
compensation claims. This service is expected to cost the city $1,800.00 per year,
but a significant reduction of claims is also anticipated.
RESOLUTION NO. 1910
RESOLUTION APPROVING CONTRACT WITH INDUSTRIAL FOUNDATION OF THE SOUTH
CONCERNING FURNISHING OF WORKMEN'S COMPENSATION CLAIMS INFORMATION.
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 City of
Wichita Falls and Industrial Foundation of the South, providing for the furnishing of
workmen's compensation claims information, is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita Falls.
Moved by Alderman Gowan that Resolution No. 1910 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Item 6b
City Manager Gerald Fox stated that Bob Coburn had indicated his desire to
purchase the ambulance service from the present owner, and to operate it. He discussed
the changes in the contract, stating that he believes it will be acceptable to all
parties involved, and that Mr. Coburn will provide an acceptable service to the City.
vRESOLUTION NO. 1911
RESOLUTION APPROVING MUTUAL RELEASE BY ALL PARTIES OF CONTRACT BETWEEN
GOLD CROSS AMBULANCE 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 terminate 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.
Moved by Alderman Mathis that Resolution No. 1911 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes: Aldermen Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
J Item 6c
No action was taken on the golf professional contract and appointment.
303
Item 7a
V
It was recommended that the bid be awarded to H and H Construction, Wichita Falls,
in the amount of $2,780.25 for 325 pound shingles to replace the roof on the Senior
Citizens Center, and in the amount of seventy five cents per square foot for any roof
decking needing replacement.
RESOLUTION NO. 1912
RESOLUTION AWARDING CONTRACT FOR NEW ROOF FOR SENIOR CITIZENS CENTER.
WHEREAS, the City of Wichita Falls has advertised for bids for the construction
of a new roof for the senior citizens center; and,
WHEREAS, three bids were received, and it is found that the bid of H & H Construction
is the lowest responsible bid.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
The bid of H & H Construction, bidding on 325 lb. shingles, is hereby accepted,
and the City Manager is authorized to execute for the City of Wichita Falls a contract
with H & H Construction for the construction of such improvements.
Moved by Alderman Gowan that Resolution No. 1912 be passed.
Motion seconded by Alderman Ashbrook, and carried by the following vote:
Ayes: Aldermen Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Item 7b
It was recommended that the bid for four 5-6 cubic yard steel dump bodies, and
one 10 cubic yard steel dump body be awarded to Longhorn Trailer, Wichita Falls, in
the total net amount of $13,456.20.
Moved by Alderman Gowan that the bid be awarded as recommended.
Motion seconded by Alderman Ryle, and carried unanimously.
Item 7c
Bids were considered on an estimated annual supply of automotive storage batteries. r
It was recommended that the low bid be awarded to Batteries Unlimited, Inc. , in the
amount of $6,952.24.
Moved by Alderman Garcia that the bid be awarded as recommended.
Motion seconded by Alderman Ashbrook, and carried unanimously.
Item 7d
It was recommended that the bid for an estimated annual supply of tires and tubes
be awarded to Gulley Tire Company, Wichita Falls, in the total amount of $78,379.86.
Moved by Alderman Gowan that the bid be awarded as recommended.
Motion seconded by Alderman Garcia, and carried unanimously.
Item 7e
Bids were considered on blood counter equipment for the Health Department. The
low alternate bid did not meet specifications, and it was recommended that the low bid
meeting specifications be awarded to Scientific Products in the amount of $6,440.00.
Moved by Alderman Gowan that the bid be awarded as recommended.
Motion seconded by Alderman Garcia, and carried unanimously.
304
Item 7f
4z were considered on police department expansion. The low bid exceeded the
amount which had been previously appropriated, and negotiations were held with the
low bidder. Certain items were recommended for change which would reduce the cost of
the project without adverse affect on the total project. It was recommended that the
base bid and alternate one be awarded to M.A. Vordenbaum and Sons in the amount of
129,282.00.
RESOLUTION NO. 1913
RESOLUTION AWARDING CONTRACT FOR THE EXPANSION AND RENOVATION OF THE WICHITA
FALLS POLICE STATION.
WHEREAS, the City of Wichita Falls has advertised for bids for the expansion and
renovation of the Wichita Falls Police Station; and,
WHEREAS, four bids were received, and it is found that M.A. Vordenbaum & Sons,
who bid the sum of $129,282.00 dollars, is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
Said bid of M.A. Vordenbaum & Sons, in the amount of $129,282.00 is hereby accepted,
and the City Manager is authorized to execute for the City of Wichita Falls a contract
with M.A. Vordenbaum & Sons for the construction of such improvements.
Moved by Alderman Ryle that Resolution No. 1913 be passed.
Motion seconded by Alderman Gowan, and carried by the following vote:
Ayes: Aldermen Garcia, Gowan, Ashbrook, Ryle, and Mathis
Nays: None
Item 8a
Permission was requested to advertise for bids for an estimated annual supply of
linen service for various city departments.
Moved by Alderman Mathis that authority be granted to advertise for bids, as
requested.
Motion seconded by Alderman Gowan, and carried unanimously.
tem 8b
Permission was requested to advertise for bids for an estimated annual supply of
vector control chemicals for the health department.
Moved by Alderman Garcia that authority be granted to advertise for bids, as
requested.
Motion seconded by Alderman Mathis and carried unanimously.
Item 9
Moved by Alderman Ashbrook that minutes of the meetings of the Traffic Commission
held on January 11, 1977, and the Traffic Safety Council held on January 5, 1977, be
4. , received.
Motion seconded by Alderman Ryle, and carried unanimously.
Alderman Mathis inquired concerning the warning devices approaching Broad and
16th Street where there was a recent traffic fatality. The City Manager stated that
this road is under the jurisdiction of the Texas Highway Department, and the City
is discussing it with them.
305
Item 10a
Because Jan Beall is leaving the city, it is necessary that she be replaced on
the Citizens Traffic Safety Council. The term of her appointment will expire on
June 10, 1977.
Moved by Alderman Ryle that Bonnie Thornton be appointed to fill the unexpired
term of Mrs. Beall.
Motion seconded by Alderman Gowan, and carried unanimously.
j Item 10b
Alderman Mathis inquired why the Hamilton Park tennis expansion is going south
instead of east. Bill Hursh explained that the most economical way to go now is
south, but eventually it will be expanded to the east, also.
Alderman Gowan stated that he had received several phone calls requesting that
the council re-examine their position on fencing the golf course. Someone had been
pulled out of that lake because they had slipped on the ice. He inquired if they
should re-examine their position on fencing the lake? The City Manager stated that
they are looking at the possibility of fencing the lake from the roadway. They are
also considering cable type fencing to keep vehicles off the golf course. Cactus and
holly were mentioned as a possibility for a hedge.
Alderman Ryle mentioned the City's Affirmative Action Plan, and employment of
females and minorities. He wondered if administrative assistants could be female?
The City Manager stated that two females were interviewed the last time, and that they
are making a continuing effort to attract and interest women and minorities in our
programs.
Mayor Boyd noted that it is necessary for him to leave to go to Dallas, and he
moved that Alderman Gowan be authorized to preside for the remainder of the meeting.
Motion seconded by Alderman Mathis, and carried unanimously.
Alderman Gowan noted that school crossing guards had been routed to other locations
from two other schools. He believes that sixth grade students are capable of handling
those duties. The City Manager stated that they are able to assist any school in this
type of program if they so desire.
A citizen appeared regarding the number of cars which go the wrong way on 6th
Street. He suggested installation of a wrong way sign. The City Manager stated that
this is a state highway system, and they will work with them on it.
City Attorney H. P. Hodge suggested that the Council consider hiring outside
counsel to assist in two pending federal cases.
Item 4d
Joe Smith, Director of Public Utilities, briefed the Council on the public
utilities division, including water source of supply, water purification, water
distribution, utility stores, sewage collection, waste water treatment, and utility
construction and maintenance department. The City Manager commended Joe Smith and David
Bell, his assistant, for their excellent report. Alderman Gowan pointed out that the
report is a good guideline to follow regarding environmental protection standards.
The Board of Aldermen adjourned at 10:55 A.M.
PASSED AND APPROVED this /It day of L u 1977.
2,
6 ",,//),
MAYOR
ATTEST:
CITY CLERK
THE STATE OF TEXAS
COUNTY OF WICHITA
WHEREAS, the City Council of the City of 'Wichita Falls , Texas
authorized establishment of a self-administered, self-insured plan to
meet its statutory responsibility under the Workmen ' s Compensation Act;
and,
WHEREAS, the City of Wichita Falls desires to reduce the cost
of its self-insurance plan by screening its employee applicants through
the use of essential information concerning workmen 's compensation claims
and lawsuits involving the employee applicants ; and,
WHEREAS, the Industrial Foundation of the South, a non-profit
organization, keeps current records of workmen' s compensation claims and
lawsuits filed in county and parish courts located in Texas, Louisiana,
Mississippi , New Mexico, and Oklahoma , and in Federal Courts located
throughout the Gulf Coast States and extending as far north as St. Louis,
Missouri ; and,
WHEREAS , these current records cover more than 400,000 persons
and are continuing to grow in coverage at a rate of 4,000 to 5,000 records
per month; NOW, THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
That the City of Wichita Falls, acting herein by and through
its duly authorized City Manager, Gerald G. Fox, hereinafter called "City,"
and Industrial Foundation of the South, a non-profit organization with its
general office located at P.O. Box 1457, Gretna, Louisiana 70053, acting
herein by and through its duly authorized President, H.J. Robinson, hereinafter
called "I .F.S. ," in consideration of the terms , mutual covenants and conditions
herein contained, do hereby agree as follows :
I .
That for and in consideration of the sum of Eighteen Hundred
Dollars ($1 ,800.00) to be paid to I. F.S. on or before the effective date
of this contract, I .F.S. covenants and agrees :
A. That it shall faithfully maintain accurate records of
workmen's compensation claims and lawsuits filed in county and parish
courts located in Texa , Louisiana, Mississippi , New Mexico, and
Oklahoma, and in the federal courts located throughout the Gulf Coast
States and extending as far north as St. Louis , Missouri , and covering
at least 400,000 persons ;
B. That I .F.S. shall furnish to City from such records of
employee termination reports and employee injury reports pertaining to
each person who is a City employee on the effective date of this contract;
C. That I .F.S. shall furnish to City from such records, at
City's inquiry, employee termination reports and employee injury reports
pertaining to each person who is an applicant for City employment during
the term of this agreement. It is understood and agreed that if the
number of inquiries pertaining to applicants for City employment exceeds
six hundred (600) in total number, City shall pay to I . F.S. the amount
of Three Dollars (53.00) for each additional inquiry.
D. That the employee termination reports furnished to City
shall include, but not be limited to the following information:
1 . Employee' s name;
2. Employee' s social security number (if possible) ;
3. Date of employment;
4. Date of termination;
5. Nature and date of employee' s injuries (if any) ; and
6. Whether employer would or would not rehire the employee
if available) ;
E. That the employee injury reports furnished to City shall
include, but not be limited to the following information:
1 . Plaintiff' s name;
2. Plaintiff' s social security number (if possible) ;
3. Insurance carrier , or employer ; ,
I
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4. Injury or disability alleged or sustained;
5. Plaintiff' s and defendant' s attorneys ;
6. Filing date of case;
7. Case number;
8. County or parish wherein case was filed; and
9. Disposition or settlement of the case (if available) ;
F. That it is estimated that the number of persons covered by
I. F.S. records will increase at a rate of 4,000 to 5,000 per month during
the term of this agreement; and that as such coverage increases , additional
information received by I .F.S. concerning City employees and applicants
for City employment shall be made available upon request to City;
G. That at its sole expense, I. F.S. shall furnish to City a
WATS telephone line which will enable City to call I . F.S. by direct dialing
at no cost to City for the purpose of obtaining the reports described
hereinabove; and that said reports will be furnished to City within a
matter of seconds while the City remains on the telephone, with the exception
of communication problems beyond the control of I. F.S.
II .
The term of this contract and agreement shall be for a period
of one (1 ) year beginning on the 1st day of February, 1977, and ending on
the 31st day of January, 1978.
III.
This contract and agreement may be terminated by either party
upon at least thirty (30) days written notice. Such notice shall be
sufficient if mailed to the other party's last known address.
IV.
In the event this contract and agreement is terminated for any
reason before the 31st day of January, 1978, I .F.S. shall refund to City
a percent of the total consideration paid to I.F.S. as provided in
Paragraph I hereof, said percent to be calculated by determining the
number of days from the date of termination to January 31 , 1973, and
dividing said number by the number of days from February 1 , 1977, to
January 31 , 1978.
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V.
I.F.S. shall. not act as an agent, representative, servant or
employee of the City of Wichita Falls as to all rights and privileges
granted hereunder; that I.F.S. shall have exclusive control of and the
exclusive right to control the details of its operations hereunder and
shall be solely responsible for the acts and omissions of its members ,
officers, agents, representatives , servants , employees, contractors and
subcontractors; that the doctrine of respondent superior shall not apply
as between City and I.F.S. , its members, officers , agents , representatives,
employees, contractors or subcontractors; and that nothing herein shall
be construed as creating a partnership or joint enterprise between City
and I.F.S. , its members , officers, agents , representatives , employees ,
contractors or subcontractors.
VI.
I.F.S. covenants and agrees to, and does herby indemnify, hold
harmless and defend City, its officers, agents, representatives and
employees, from and against any and all claims or suits for damages or
injuries to persons (including death) or damages to property, or
whatsoever kind or character, whether real or asserted, arising out of,
or in connection with the execution, performance or attempted performance
of this contract and agreement but I .F.S. does not indemnify the City
against a suit, loss or damages arising as a result of the City' s
negligence. r-T•
wh en,,,I .F.S. warrants that all information /furnisned to City by I . F.S.
is accurate and up-to-date, and I. F.S. hereby covenants and agrees to
indemnify and defend the City, its officers, agents, and employees from
and against any and all claims or suits for damages or injuries arising
out of or in connection with furnishing the City with inaccurate or outdated
information; and I.F.S. further agrees to indemnify and make whole the City
for any and all damages sustained by City as a result of or in connection
with furnishing the City with inaccurate or outdated information.
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VII .
If I.F.S. , as a charitable or a non-profit organization, association,
corporation, entity or otherwise, has or claims an immunity or exemption
statutory or otherwise) from and against liability for claims or suits
for damages, I.F.S. hereby expressly waives its rights to plead defensively
such immunity or exemption as against City.
VIII .
I.F.S. shall comply with all laws, federal , state and local
including all ordinances, regulations and requirements of the City of
Wichita Falls. It is agreed and understood that if City calls the attention
of I . F.S. to any such violation on the part of I.F.S. , or any member,
officer, agent, representative, employee, contractor or subcontractor,
then I .F.S. shall immediately desist from and correct such violation.
IX.
I .F.S. shall not assign this agreement without prior written
consent of the City, and any attempted assignment without such prior
written consent of the City shall be void.
X.
In the event I.F.S. fails to comply with or breaches any of the
terms, conditions and covenants of this agreement, or for any other reason
deemed necessary by the City Manager or his duly authorized representative,
City shall have the right to declare this agreement terminated without
written notice to I .F.S. , but shall forthwith advise I.F.S. in writing of
such election to terminate.
XI.
I. F.S. covenants and agrees that should any action whether real
or asserted, at law or in equity, arise out of the terms of this agreement
between the parties hereto , venue for said action shall lie in Wichita
County, Texas.
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XII .
I.F.S. and City mutually covenant and agree that this writing
constitutes the sole and only agreement between I .F.S. and City
pertaining to the services to be performed by I .F.S. . Any and all previous
agreements, whether oral or in writing, between said parties pertaining
to such services are hereby terminated and canceled and declared to be of
no further force and effect. No prior or contemporaneous written or oral
agreement of any nature exists to alter or modify the terms of this
agreement.
EXECUTED at Wichita Falls, Wichita County, Texas, in multiple
originals, this 27th day of January A.D. 1977.
CITY OF WICHITA FALLS
ATTEST:
By
City Manager
City Clerk
APPROVED AS TO FORM AND LEGALITY :
7/7--
City Attorney / / ,
INDUSTRIAL FOUNDATION OF
THE SOUTH
7
C
President
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I
Exhibit C 7
THE STATE OF TEXAS 1
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 Dollars ($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.
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t
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.
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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
4`
BY: . i';t't-C 7 (6 --t..
MAYOR
ATTEST:
CITY CLERK
CITY OF IOWA PARK
II
BY: J
M ' O'
ATTEST: 1
2
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CITIYLERK
4-
CITY OF WICHITA FALLS
BY:
MY'YOR
ATTEST:
hy ZL <., , L; y r
CITY CLERK
COUNTY OF WICHITA
BY: /1(t4-.- ats._c00A2.1raA.___
COUNTY JUDGE
ATTEST:
COUNT CLERK
ROBERT COBURN, DBA
GOLD CROSS AMBULANCE SERVICE
OF WICHITA FALLS
BY:4-e
Robert William Coburn
ATTEST:
e
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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
J
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 it
possible to eliminate the number of red light and siren runs, thus avoiding a very
serious traffic hazard.
3-
t
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