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Min 09/28/1982 458 Wichita Falls, Texas Memorial Auditorium Building September 28, 1982 Items 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in called 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. Gary D. Cook Mayor Gene Shearman Q John W. Hampton Carol G. Russell Aldermen Craig A. Wilson Howard M. Morris Horace O. Boston Stuart Bach City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Fred Werner Chief Accounting Officer The invocation was given by Brent J. Batiste, Seventh Day Adventist Church. Item 3a The public hearing was opened on the proposed annual budget and work program for the 1982-83 fiscal year. ✓_ The City Manager stated that five funds are operated by the City. They include the general fund, airport fund, transit fund, civic/community promotion fund, and the water and sewer fund. In the general fund he has recommended some shifts in the budget from the general fund to revenue sharing in the amount of $316,050 for equipment. Museum funding in the amount of $17,500 has been shifted from the general fund to the civic/community promotion fund. Staffing for the new fire station on Missile Road has been delayed for three months, for an adjustment of $62,000. The contingency fund of $150,000 has been wiped out entirely. He also proposes to Short-fund personnel budgets to reflect turnover and lag time in filling vacancies, in the amount of $200,000. He also cut one-quarter of the quarterly performance incentive pay program in the amount of $57,000. He also proposes a lease/purchase arrangement of heavy equipment for various departments for a reduction of $321 ,704. In-lieu of tax payments and interest earnings increased by $133,000. and the revised tax collection rate of $26,637, indicate a cut of $1 ,283,891 from the budget. This will provide an effective tax rate increase of 7.94 percent. Twenty six (26) positions have been cut on the City staff. In the airport fund, the position of Airport Manager has been combined with the Transit System Manager. Energy measures have also been instituted to save money. In the civic/community promotion fund there is a slight increase in the overall operation of $38,000. Most of this increase is attributed to utility costs. The transit system fund supports the bus system. The City will supplement this fund in the amount of $168,000 next year. Fares will increase from 20 to 30 cents. We also plan to purchase smaller buses, which will reduce our operating costs. There is a $118,000 overall budget cut. In the water and sewer fund we have some program improvements which will reduce out costs. We will purchase computer-type equipment for our meter readers. Costs are up because of increases in electricity, chemicals, and debt service. Dr. Barrenberg, from the Family Practice Residency Program, thanked the Board of Aldermen for their support of health care in the city. In the coming year they will care for 9,000 to 10,000 people in their family health center. Because of the funding of the City, they are able to provide care for many of these people because of their means. They have also been looking at public provision of health care in the city. A number one priority for him will be to make sure that in the provision of public health care, they try to dilute any duplication of health care without diluting the quality. This will save dollars. s 459 Item 3a, cont'd. Elvin Dudley, 2415 Merrimac, thanked Mr. Bach for the cuts in the budget. He stated that he would like to have seen the 6.4 percent across-the-board salary increase cut instead of the incentive pay. He asked if the police cars are still in the budget, stating that this seems to him to be another raise for the policemen. With the 6.4 percent increase, and longevity pay, that seems to be enough. Alderman Wilson stated that the one-on-one plan is not for the benefit of the policemen, but for the city's benefit. The city will get far more out of it than the policemen. Alderman Hampton stated that this is not a general feeling of everyone on the Council . Item 3b City Manager Stuart Bach commented on the material concerning the revenue sharing budget. A total of $1 ,309,922 will be available in this entitlement period. This includes $17,000 in interest earnings. Proposed expenditures are as follows : y- a. Lake Kickapoo Dam and Improvements - $330,000 (revised from $355,000. ) b. Main Wastewater Treatment Plant Sludge Disposal System Improvements - $190,000 c. Drainage System/Flood Control Improvements - $150,000 (revised from $250,000; this can be supplemented by approximately $100,000 in prior year general revenue sharing balances. ) d. Street System Improvements - $150,000 (revised from $230,000) e. Park System Improvements - $35,000 (revised from $120,000; the Greenbelt project was cut out. ) f. Utility System Improvements - $80,000 (revised from $100,000. ) g. Vehicle/Equipment Purchases - $365,972 (revised from $49,922; these funds will be used to purchase various vehicles and equipment as specified in the City budget. ) h. Street Lighting System Improvements - $3,950 (revised from $10,000. ) i . General Revenue Sharing Audit - $5,000. Alderman Shearman asked about the parks system improvements, and what is to be spent on parking, and what is to be spent on playground equipment? City Manager Stuart Bach stated that the bulk of it will go for the parking. There is also $10,000 in community development funds. Bill Hursh, Director of Parks and Recreation, stated that funding would be near equal for each. He stated that these items will have to be reduced, as originally proposed. Alderman Shearman stated that we have spent $212,000 on Bellevue Park. He feels it is time to draw the line on it, and that spending the $35,000 is unjustified. Alderman Hampton stated that the Centennial Commission selected Bellevue Park as a Centennial project. The Council followed their recommendation. This particular funding is part of the original plan. It is not anything new. The parking is also part of the original plan. Why should the citizens not be able to park here? He feels it would it would be foolish for us to have spent $212,000, and then deny the citizens access to it. He believes the money should be left in because it was part of the original plan. Item 4a " A proposed ordinance was presented making appropriations for the support, maintenance, etc. for the City of Wichita Falls for the fiscal year 1982-82, and adopting the budget. ORDINANCE NO. 90-82 N AN ORDINANCE MAKING APPROPRIATIONS FOR THE SUPPORT, MAINTENANCE, BUILDINGS AND IMPROVEMENTS FOR THE CITY OF WICHITA FALLS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1982, AND ENDING SEPTEMBER 30, 1983, BOTH DATES INCLUSIVE, ADOPTING THE BUDGET FIGURES AND ACCOUNTS AS PART OF SAID APPROPRIATIONS, DECLARING AN EMERGENCY. 460 Item 4a, cont'd. Moved by Alderman Shearman that Ordinance No. 90-82 be passed. Motion seconded by Alderman Morris, and carried by the following vote. Ayes: - Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 4b A proposed ordinance was presented setting the tax rate for the fiscal year 1982-83. ORDINANCE NO. 91-82 AN ORDINANCE LEVYING, ASSESSING AND FIXING THE TAX RATE FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING FOR THE INTEREST AND SINKING FUND FOR THE FISCAL YEAR 1982-82 AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSE AND PROVIDING FOR THE ASSESSMENT OF ANNUAL OCCUPATION TAXES PROVIDED BY LAW, AND DECLARING AN EMERGENCY. Moved by Alderman Shearman that Ordinance No. 91-82 be passed, by inserting the following figures of $.510892 for the general fund, and $.182108 for interest and sinking fund, for a total tax levy of $.693 per $100 assessed valuation. Motion seconded by Alderman Hampton. Alderman Hampton stated that he is not entirely pleased with some of the cuts to get to this figure but he is pleased that we would be able to hold down the tax rate. If we had gone over this amount he would probably have been the first in line to sign the referendum petition proposed by Mr. Dudley. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 4c A proposed ordinance was presented appropriating funds for the purchase of equipment for the transfer station. ORDINANCE NO. 92-82 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND EQUITY TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Hampton that Ordinance No. 92-82 be passed. Motion seconded by Alderman Russell , and carried by the following -vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None Item 4d A proposed ordinance was presented appropriating revenue sharing funds to specific projects. 461 Item 4d, cont'd. r ORDINANCE NO. 93-82 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL REVENUE SHARING FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Morris that Ordinance No. 93-82 be passed. Motion seconded by Alderman Russell , and carried by the following vote. Ayes: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris and Boston Nays: Alderman Shearman Item 5a A proposed resolution was presented waiving Resolution No. 2764 for the Muscular Dystrophy Association. This resolution requires that 16 percent of the gross sales of concessions sold in our parks be paid to the City. The Muscular Dystrophy Association desires a waiver of the percentage requirements. A motion was made by Alderman Shearman and seconded by Alderman Wilson that the waiver be granted. The motion failed by the following vote. Ayes: Alderman Shearman Nays: Mayor Cook, Aldermen Hampton, Russell , Wilson, Morris and Boston Item 5b A proposed resolution was presented authorizing the City Manager to execute an amendment to the ambulance service contract with Plumlee Ambulance EMS, Inc. RESOLUTION NO. 164-82 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CITY'S AMBULANCE SERVICE CONTRACT WITH PLUMLEE 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. Moved by Alderman Morris that Resolution No. 164-82 be passed. Motion seconded by Alderman Russell . Mayor Cook stated that they had had a meeting with Plumlee, and with the County, and they have made numerous points with Plumlee in how they intend to see improvements in the next year. A very close look at their operation will be made with the assistance and guidance from the City and County for the next year. They will be scrutinized closely. New rates will be effective November 1 . Alderman Hampton asked what if nothing happens? The City Manager stated they will have a very serious conference with them, and under the terms of the contract the Council can rescind their subsidy. The motion was carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None 462 Item 6a Discussion was held on award of bids for transfer trailers for the Sanitation Division. It was recommended that the bid be awarded to Bocats Manufacturing Company in the amount of $36,329 each. They did not submit a quotation for a performance bond. Alderman Morris stated that the reason the Council requested the bond was so that when the equipment was received, and it did not meet specifications , they would have certain recourse. Alderman Morris further asked why the bond was bid as an option? The City Manager stated that he felt it would be better that way to show the amount that the bond is costing us. Alderman Morris stated that $4.00 per thousand is standard rate, and that $1 ,100 is too high. Moved by Alderman Hampton that the bid for three transfer trailers be awarded to Bocats Manufacturing Company, Garden City, Kansas, in the amount of $108,987, with a performance bond to be negotiated between the City Manager and the manufacturer. Motion seconded by Alderman Boston, and carried unanimously. Item 6b Discussion was held on award of bid for a rubber tired front end loader for the transfer station. Case Equipment Company, Wichita Falls, submitted the low bid in the amount of $44,105.60, with bonds. Sanitation Superintendent Joe Leonard stated that Ernest Lillard, Director of Public Works, recommends that we purchase Caterpillar equipment because of our past experience with the equipment, and the buy-back provision. City Manager Stuart Bach recommended Case because the bottom dollar line should be considered, and we have never taken advantage of the re-purchase provision. Ed Barrett, Director of Administrative Services also recommended Case because we can get parts and maintenance at a lower cost than Caterpillar. He had discussed it with Brent Proffitt at Central Garage. Alderman Hampton stated that it is very difficult to determine what is the best bottom dollar line. City Attorney H. P. Hodge explained that the law states that you take competitive bids and award it to the lowest responsible bidder. This does not always mean the lowest initial cost. The Council has discretion to take into account other factors, and the buy-back provision is one factor which may be taken into account. Alderman Hampton asked if this is not a reasonable assumption that it will last more than five years? Joe Leonard stated that it will last longer than the heavy equipment working at the landfill now because it will be used inside the transfer station with a front-end loader. Alderman Hampton asked how long we have used equipment in the Sanitation Department? Mr. Leonard stated that he had one 1975 piece of equipment. Randy Brown, City Engineer, stated that Mr. Lillard feels that this type of system is the best way to make a value judgment on the equipment. It does not necessarily mean that we will sell the equipment at the end of five years, but this just states that they will buy it back at the end of five years. Mayor Cook asked some questions on the alternate bid of Case on the W14H piece of equipment. Ed Barrett stated that there is only one place to buy Caterpillar parts, but there are two or three places which we can buy Case parts. Moved by Alderman Shearman that we accept Darr Equipment Company's bid, without bond, in the amount of $60,065. The motion died for lack of a second. Moved by Alderman Hampton that the bid be awarded to Case Equipment Company on the W14, with bond, in the amount of $44,105.60. Motion seconded by Alderman Morris, and carried unanimously. 463 Item 6c Bids were considered on truck tractors for the transfer station. Moved by Alderman Morris that the bid for three truck tractors be awarded to Kidwell GMC, with performance bond, in the total amount of $126,385.50. Motion seconded by Alderman Shearman, and carried unanimously. Alderman Hampton noted that he was pleased to be able to award these bids to local bidders. Item 6d Bids were considered on a clamshell loader for the transfer station. It was recommended that the bid be awarded to Sabine Machinery Company, Dallas, in the 41° amount of $58,990, with performance bond. Moved by Alderman Hampton that the bid be awarded as recommended, with performance bond. Motion seconded by Alderman Shearman, and carried unanimously. Item 6e Bids were considered on a water truck tank for the Parks Maintenance Division. It was recommended that the base bid and two alternates be awarded to Star Tank and Trailer Manufacturing Company, Rhome, Texas, in the amount of $6,945. Alderman Hampton commented about this piece of equipment being so versatile. Bill Hursh, Director of Parks and Recreation, stated that the savings in labor will pay it out in one year. Moved by Alderman Wilson that the bid be awarded, as recommended. Motion seconded by Alderman Morris, and carried unanimously. Item 6f A proposed resolution was presented disapproving the Wichita Appraisal District budget for the 1982-83 fiscal year. City Manager Stuart Bach stated that he felt some cuts could be made in the Appraisal District's budget by going to a two-year appraisal cycle. This would save $70,000 to $80,000. RESOLUTION NO. 165-82 RESOLUTION DISAPPROVING THE BUDGET ADOPTED BY THE WICHITA COUNTY APPRAISAL DISTRICT IN SEPTEMBER, 1982. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain budget which was adopted by the Board of Directors of the Wichita County Appraisal District for the operations of such district for the following tax year is hereby disapproved. Moved by Alderman Shearman that Resolution No. 165-82 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Cook, Aldermen Shearman, Hampton, Russell , Wilson, Morris and Boston Nays: None 464 Item 7a Alderman Wilson stated that because the Council did not have initial input into the budget this year, be believes that they can seek to get a better grasp of the dollars which will be spent this year if we adopt a trimester allocation system. Every four months the department heads will come to them and justify what they have spent, and what they intend to spend. This is an attempt to monitor these dollars, and seek the best use of the money which we can. Alderman Wilson requested that this matter be placed on the agenda at the next meeting. The Board of Aldermen adjourned at 9:41 A.M. , and went into executive session pursuant to Article 6252-17, paragraph (g) , of the Revised Texas Civil Statutes. PASSED AND APPROVED this � � day of 1982. . Co , Mayor ATTEST: er l l2 LL� Wilma J. Thomas, City Clerk I °�. �$: ,• �i::.. ti.C�;u`.1`�.. T.�i [11-'..`....�.: ..�.�.. ..:�...r mil•-+ �.v����-11-� � F �A ST."' E CF 2EXAS CC--..7 CF .:ICEI_.:, This First A.menc;:rent to Ambulance Ser•rice 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 - _ by and through its County Judge here= _-cer called _..tin, and umlee Ambulance atS, Inc. , hereinafter _.11ed "Contractor" . - Pl ' ---pities �IITNESSETF: :vciE:E+S, hereto=ore the parties hereto made and entered into a contract as Of April 25, 19S1 concerning the furnishing of ambulance services by Contractor; =d, WHEREAS, the oar-ties to such contract desire to make certain amendments to the same. NOSd, THEREFORE, the parties hereto do hereby mutually agree that Paragraphs I through TX1 are hereby amended to read as follows: I_ -^ covenants a.*ld 3QreeS tc f^rnish a full range of a.:oula.ce Ccn�r�ct�r - �- or for the purpose of makinc emercency calls, service as an independent contract +ansfers to, from and bet.+Teeh health care facilities and tra*lspertation `or t o within the actual limits of the count of ;dicilita• medical reasons It .is expressiv understood and agreed by and between Entities and Contractor, that Contracto'-. is an independent contractor in its relationship herein shall at anyjtime or in any to Entities and that nothing contained ` tC eff2Ct call agreement Of part..e=2nip or joint vent:ram Cr manner 5e construe 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, 9 Wichita by* the Entities, Police Department, �Iichita Falls Fire Department, County Sheriff's Department, or by anyone, that a set of circumstances exist which require the immediate action of qualified personnel with suitable e a medical emergency or to any injured equipment to render immediate aid in Room for person wherein the person or persons are transported to an Emergency , shall not include any call involving treat.:.ent. Emergency calls specifically • tire, non-emergency transfers to or from an inpatient clinic, nursing home rou Page 3 of 14 Pages or hospital. Agenda_Item. .No-.5 b IV. maintain a Minimu of four (4) a.:buiances from and 1. Contractor will October 1, 1981, three (3) prior to October 1, 1931, in full eaerating afterg.. within in exhibit condition together with crews and all equicrent set outF *loJ to the Contractor Wichita County at all times. Ambulances leased by the ntit _ 3s .. Sn111 no �::3Vc'_ .... t _�-J^a.� .S ;n , �' Cr ` service to trans-`''r :ersons sic.. lsde transfers whe-:� t!i�•re is no ';cal in _il c•ner�.•nc•;.l '_ _:=stanec2s. not inc to e Lrycne{ calls a'd -edical ._ec�ssity ca'_Is .ill be art_ tied - other calls. equipment and crews sha'. be located at abase 2. Thn ec.erge;.cy vehicles, (2) The location Of the base m station and at a min imu of two substations. roved station and S' by the- Entities " stat-ORS must be ap_ t}' substations will .JP �L�,��•�- _ iz- ciacec _..to service. 'I,�Jo (2) of e s a �.. the i`_es under a lease attached. For those stations or substations - --- --t o following a and above the aforementioned leased substations, the crovidec ov-'-' - general criteria shall be used: City Of 1Cn1ta alls Within a. Ability to reach any area in the rive (5) to eic t (3) r,''i lutes. , : - b. �ility to reach any area in the County of Wichita within t y::enty-five t25) Zan Ability to reach any area in the City of Burkburrett within. . eighteen o rd-notes. t - - (18) a in the City of Iowa Dark with Ability to reach ar�y are in w fifteen (15) minutes. high accident locations. e. proximity to •- f, proximity to high personal injury locations. n receipt of an emergency call, Contractor shall, to the extent 3. o _ promptly notify the City of Wichita Falls police reasonably possible, p L 1 r r,. if he call is within the city limits of Iowa a_. or Dispatcher and, t _ --obable Burkburnett, the police Dispatcher of that city of the location arc p_ not y the route of the emergency ambulance answering such call and shall if Police Dispatcher of involved City of the time when the ambulance reaches the location. ecific radio call number 4. Each ambulance shall be assigned a sp 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�+ar•:,"'^r�x+. tea'` --'Gu'"^="'�".s-�.1`"�.es v:�?-� .,, ..- x-�.---ram...ti��?-•^`�"-sc"c�~,-4 '==•�'�''" -- ". _ '...-�"'r "� ✓�,.r:. t �-r Y tom` s.`s'"-.� '"'?'c= �'-�•'`X `_T^.�'_',.Yr...- - .'•- - -- . sole expense, maintain a direct telephone 6. Contractor shall, at its connection between its base station and the City of Wichita Falls Police A and direct communications between its base station and all L�eart..._nt, 3z Sl::StatiCnS. _.._ ..__-. .,..._ •.��.� .'_ -'.ate:.c_ - ..�. -" . ._ � .._ �_� ' ' . . . �f` eir.c Ontact2d concern"' , ; 'hall C3C. rye S1tC r�cTUCSt. 1 .xc`'j`t Contractor ` the streets or if all units arc in servic� sucz as ice on t itt,nrinc anot °�r emergency tali) : the City of :Jichita Falls, within an a. If within the city limits of average of five (5) minutes, figured on a monthly, cumulative and annual averacc, of a call and shall at all timesi be at the site within ecnt (8) of reaeiat minutes, b. If within the city limits of the City of Bur}:hurnett, 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 recein� of a call, figured on a monthly, cumulative and annual average. ` d. If outside the city limits of a contracting City but within the imum of twenty-five (25) minutes after receipt County of Wichita, within a max 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 'out of third party payment forms such as Medicare representative in the filling; 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 f two persons shall comprise the "crew" of whom may be the driver. A minimum o ach vehicle operating under this Contract. Both of the required to be on e 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 onal duties, unless otherwise approved certification prior to assuming operati Page 5 of_L4_Pages by Entities. Agenda Item No. 5.b. VI. 1. Contractor shall furnish, at its own expense, vehicles and accessory e,� - _-,er.' ...,�:,.. .. _er_ _:e _c 1_:,•�r. - ..._..�...w., ���..�_�_ .� _.. _...�_�_.... -Ind �tate to those :-iXed by all �aws. rules and reculations. a, vehicles (1) Type, Each ambulance shall be a Type I, II or �� Sec. 1.3 Cederal spec,.Eications- III desicn as classified in KKK-A-13__ Ambulance] as suitable for safely transportinu sic}. and injured persons and •1 Ln aCCOr'1anC '.Jlt:: ` _al'� JL _..e T`>.as ��ar CL ..'?lth. If Type T-I ambulance Ls 11L it shall be Of -der" Manufacture, not older than _our (4) 'Tears and have no more than liL'S. Ii T.%pe I Or iii ambuia c:.nces are used, the`/ shall be of -Mcder, bO,iiCla - -sis not older than three (3) years and have no mor= than �n�f�ct__-• c �_ �, i ref'�rbished :then transferred to a new 70,000 mi'_es- The mocule shall be u chassis. t (3) Condition. All vehicles shall be in good mecanical and. operating condition and shall include, but not be limited to, all items listed in the State of Texas Rules and Regulation Manual forofficial motor 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 a minimum, "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 (30'a) 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_�_of-g-Pages Agenda Item No. 5.b. (g) Windows and windshield. Shall be or safety glass. (9) Air conditioning. First quality air conditioner capable of maintaining temperatures in the ambulance at comfortable level must be furnished. (lp) Iteight. lmbulances placed into sorvice in t`.:e of this contract shall have an inside height (floor to roof) of at least si:cC' (60) inches. mar'.<ed di -.el (11) '•!ar5-in^- Each ambulanc^_ must: he,-. - with the name of the comaanv providing ambulance service and a Sr)ecifiC number individually designating each ambulance. Vehicles leased to Contractor by -:-,titles shall, after the number, and in the same size, be marked with "P,7". (12) All minimum speci`ications of KKK-A-1322, except for extricaticn equipment and storage thereof, are reauired to be met by each pp lv to all vehicles, normal wear and tear vehicle and shall continue to a excepted. b. Radios - (1) Each ambulance and the ambulance dispatcher shall be equipped with a two-:gay radio capable of maintaining constant coTTLunications s with all ambulance and dispatch radios within Wichita County. (2) Contractor agrees to supply the radio system, including tower, and to maintain the egjjipment 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 require. In event of mechanical defects location and in such a manner as he may 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 remedy the defects. Prompt reasonable notice of such action shall be taken to 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 cor^orate suretv authorized to do business in the State of Texas. The surety shall designate a resident agent in `%ichita Countv, Texas, to whom any requisite notices may he delivered and on whom service Of process may be had in matters rising out of such suretyship. A duplicate 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 mil the bond be cancelled without thirty (30) days written notice to each City and County. I_r. Contractor covenants and agrees to indecnnifv, hold :armless and defend nt ties and its _espective agents, servants and employees from and acainst any and all claims for damages or injuries to persons or _roperty to '.whatsoever - .;r� t tr.� t n racter, whether real or asserted, arising ou of or inci. nt zinc of cha c ice and all other of its operations operations of contractor' s ambulance se r% arising under or otherwise incident to the provisions of this contract; and Contractor hereby assures as between the parties to this Contract all liility and responsibility for injuries, claims or suits for damages to persons or property real or-asserted of whatsoever kind or character, whether , 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 act. Contractor further agrees incident to the provisions of this contr to purc:^.ase and have in effect, at Contractor's expense, during the term of t:-,is agreement unts of at least $100,000, Bodily Injury a public liability insurance policy in amo 100,000, Property Damage; or, per person; $300,000 Bodily Injury per incident; $ 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. e of substation) are part of Al l terms and conditions of Exhibit "C" (us this contract as if specifically written herein. All terms and conditions of Page 8 of 14 Pages Agenda Item No. 5.b. 5 ar= - ^O.. _ 3 nt�._1 It - ambulances .pit int" (v0; a,,---, r 11 d ir. .with �.hic1,� as �i ect to availability, at w' ich time exhibit sub? fully effective. identification, shall be e�cc'cuted and bccOZe Cont_3etor agrees that when ariouLanc jervicc i: furnished, the patient t t'n_ o :rhi..• '• r^ ref r- �x� to empress a pr fc•encc, or the ?at__rz _s uR -_ma _ ;T_)4 . n' :en to the emerq"nc'- oom of .� 1cca1 �'- enc_, he s al_ ' c r) to Consist O_ F Ad-:isO_ _ creat,2 an __- -rein _e• :ait t:ro (') lic^_nCed pf�icer of each C`tie� -"e-uti':a with.a --_ --- tizen resra�ng the County or �•7ichita and one ci �s -_c 4c_„g within _�_._.s_c _ will be requested -_�=s~o` :"Iichita County- The physicians and the citrZen �.e can-- The Committee will serve by the Chief Lxecutive Officers of the Entities. to se_ Entities elected Off;- have. t`ze responsibility to be the intermediary between the governing bodies reco:mnendatj ons to cials and-the Contractor, and to make _ f ccncernin, pr oblems that may - occur, and other matters cor.cerninq ambulance services within Wichita County- recommendations of the Contractor shall at all times be receptive to the Entities for Contractor's improvement of both the services provided by Contractor iness. Contractor shall fully efficiency of Contractor's bus and the economic eff police and sheriff,'s inves- cooperate with the Entities in all other areas, such as tg i ations of events requiring emergency medical service. XIII. not assign this contract- or any rights hereto in whole The Contractor shallprior consent in orinpart to any person, firm or corporation without the writing of the Entities XIV. keep all of his financial records in a manner consistent Contractor shallpractices, procedures and stand- • rinciples, p _ . with generally accepted accounting P the American in of Certified public Accountants. For h a fiscal y ands as defined by year be purposes of this contract, Contractor shall operate with tlte..pur p than June of each year. 1 innin; May 1 and ending April 30 r. Not later r Contractor will at his expense employ an independent certified public of each yea , Page 9 of 14 Pages Agenda Item -7- � - `.-. 31:.:_.. _.:c'_ ...;��n� ._.... -'C`ir-:� - ' �.. .._-_-"` Jr .• ....... � ^_"�:_...5 ."Oar . .i:: aCC:L'nta• JC i'_a f15C31 `ear• wlt••_n 51.;t' 1.0�1�! �a•. -� 3�t�:r •-'1i' illll , •-CSC'_: __� e 3C^ �'- LC audit report JL the Pre`- iCL`S V0,Ir i Dli ;nce scr. e �);�Crat lvn5 to the Entities together with an auditor' s opinion that the fina: 1Clal reC�rC: conformity with generally accepted accounting principles and that are kept in position of Contractor with respect to the audit presents fairly the financial this Contract. hs r '.-acing to auditin5 of foreoing paragraphs Lr. addition `J the above 1n` rig at _ il reasonable times l have the rid, Contractor' s boos. the Entities shal clai records and 'nooks -4 i:.g 'business hours, to inspect and/or audit all finan - of Contract:.r. re- and a complete and separate Cont-�c�Or -ur=`-=er agrees to keep maintain P cord of all revenues and expenses concerning this contract and agrees not to commingle the re venues and expenses and other financial matters associated with with any other monies whatsoever. this contract XV. summary report of the record of billings and collections, re- ded in such form and at such - A monthly su. and other information shall be provi sponse times or his designee, required by the City Manager, City of Wichita Falls, time as . and shall be filed with the entities by the Contractor. The report shall be a monthly profit for each calendar month, shall provide year-to-date figures, nt and shall be filed not later than the 15th day of the month and loss stateme , following the reported month. XV1. a Contractor for providinb emergency - agree to pay The Entities covenant and ag provided for in this and transfer service in the County of Wichita, Texas, as t the sum of One Hundred Seventy-Six Thousand ($176,000.00) Dollars contrac , 1/12 payable on the last day of each month, which sum shall be subject annually, factors: to annual adjustments based upon, but not limited to, the following _ collection ratio, cost of service levels, rates being charged, Profit margin, opera tion, operational efficiency, maintenance of vehicles, and other factors. ual adjustments granted by the Entities shall be effective not earlier SAny ann J sought by the Contractor. 1 than October 1 of the year during which the adjustment is ht to seek adjustments in the amount Entities shall, nevertheless, retain the rig \ such times as Medicare or Medicaid or similar payable to the Contractor at any Page 10 of 1_4_Pages Agenda Item No._ 5.b. -8- •• payments to the Contractor are increased to the extent that .ntities *eel re- consideration of Entities payments is Merited. :iC I I ;ner�*enc�= exists ar.d On. Of t!:e r. ere, a "e real In those ins-ances ''h' carted Entities signatory to this agreement needs to have a prisoner transp from its jail to a hospital, Contractor agrees to furnish emergency ambulance ser vices for that Entity at one-half its normal rates and charges. The annual payment provided hereunder by the Entities to the Contractor intended to compensate the Contractor for the remain: .'g one-half costt Of the emergency services rendered. XVIII A!! pav eats 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 ice received by police dispatchers of the Entities calls for ambulance sery or the Wichita County Sheriff's Department 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, an d shall continue in force and effect until 12:01 a.m. April 255 1985. It is entered into subject to the Charter and Ordinances of Entities an a licable State laws. This contract may be extended for additional one- PP year terms upon written agreement of both parties. XXI _ of the following This agreement shall terminate on the occurrence of any events: 1) Notice of dissolution of Contractor' s corporation; 2) At any time after the Contractor fails to perform his duties under this agreement a continuous period of more than 60 days after notice, for whatever cause for Contractor hereunder shall cease upon any such termi- all obligations of the ' The willful breach of duty, the habitual neglect or continued nation; 3) inca acity on the part of the Contractor to perform his duties unless waivered P by the Entities after notice is given; q) 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 ecified herein, the Contractor shall be entitled to the compensationo Pa earned sp Page 11 g -9- Agenda Item No. 5.b. by him prior to the date of termination as provided is this agreement ccWauted that date and Contractor shall be entitled to pro rata up to and including no further compensation as of the date of termination. Notices, as provided for herein, sha ll 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 11,'ichita Falls, Texas 76307 Iowa Park, Texas 76367 Attention: City `Tanager 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 hrHEREOF, the parties hereto have caused this agreement to be signed on the date first above stated. CITY OF WICHITA FALLS, TEXAS ATTEST: BY: City Clerk City Manager APPROVED: CITY OF BURKBURNETT ATTEST: BY: City Clerk City Manager CITY OF IOWA PARK ATTEST: BY: City Clerk Mayor COUNTY OF WICHITA ATTEST: BY: City Clerk County Judge PLUMLEE AMBULANCE EMS, INC. ATTEST: BY: sident Coporate Secretary Joe Plumlee, Pre Page 12 of 14 Pages -10- Agenda Item N o..5.b.