HomeMy WebLinkAboutResolution - 091373C - Emergency Ambulance Service Agreement - Hospital District & Aid Ambulance Co - 09/13/197307/570C
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RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an EMERGENCY
AMBULANCE SERVICE AGREEMENT between the City of Lubbock, The Lubbock
County Hospital District and Aid Ambulance Company attached herewith which sha]
be spread upon the minutes of the Council and as spread upon the minutes of this
Council shall constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this 13th day of Septermber 1973.
46
ORRIS W. TURNER, MAYOR
ATTEST:
La nia Lowe, City Secretary -Treasurer
APPROVED AS TO FORM:
red O. Sen`ter, Jr. -,.,//City Attorney
EMERGENCY AMBULANCE SERVICE AGREEMENT
THE STATE OF TEXAS I
KNOW ALL MEN B Y THESE PRESENTS:
COUNTY OF LUBBOCK I
THIS AGREEMENT entered into this date, by and between the City of Lubbock,
Texas, a municipal corporation, acting by and through Morris W. Turner, its
duly authorized Mayor, hereinafter called "City", the Lubbock County Hospital
District of Lubbock County, Texas, acting by and through its duly authorized
Chairman of the Board of Hospital Managers, hereinafter called "Hospital Dist-
rict' ; and Aid Ambulance Company, a Texas corporation maintianing an office
and having its principal place of business in the City of Lubbock, Texas, acting
by and through its duly authorized President, hereinafter called "Contractor".
WITNESSETH:
THAT Contractor agrees as an independent contractor, at its own cost and
expense, to furnish emergency and ambulance service in the City of Lubbock and
to Lubbock County in compliance with the terms and conditions, covenants and
agreements hereinafter pet forth:
1.
EMERGENCY AMBULANCE SERVICE REQUIREMENTS
Contractor covenants and agrees to furnish ambulance service as an independ-
ent contractor for the sole purpose of making emergency calls within Lubbock
County in accordance with the directions of the Dispatcher of any law enforce -
went agency in Lubbock County. Such emergency ambulance service shall be
rendered in compliance with the following requirements:
(a) Contractor shall have and maintain three (3) ambulances and
crews available twenty-four (24) hours daily for emergency dispatch
from a central location and a minimum of one (1) sub -station, located
in the City of Lubbock.
(b) Equipment and crews shall be located at points to be selected by
Contractor, subject to approval of the contracting parties. It is the
intention of the parties that same shall be so located that an ambulance
can reach any area in Lubbock County within a reasonable period from
the time of dispatch.
(c) After having been called upon by a law enforcement Dispatcher,
Contractor shall notify the City of Lubbock Police Dispatcher of the
origin, route and location of the ambulance answering such call.
(d) None of the three (3) vehicles used for emergency ambulance
shall be used as a hearse, or for any other purpose by the Contractor.
2.
STANDARDS REQUIRED FOR AMBULANCES AND ACCESSORY EQUIPMENT
Contractor covenants and agrees to furnish at its own expense ambulance and
accessory equipment which comply with the following standards:
(a) Contractor shall furnish a minimum of five (5) vehicles with
three (3) vehicles available for emergency service at all times and
two (2) vehicles_ available as reserve or "back-up" when needed.
(b) All ambulances must be inspected and approved by the Chief of
Police of the City of Lubbock and the City -County Health Department
and must be of a type and design suitable for transporting sick and
injured persons. Said vehicles shall be equipped in accordance with
and meet the specifications for "Emergency Ambulances" as provided
for by Article IV, Chapter 31 of the Lubbock City Code, and not less
than three (3) vehicles shall be capable of carrying six (6) sick or
injured persons.,
(c) All such ambulances must be distinctly marked, showing the name
of the Contractor providing service.
(d) Each vehicle and driver and attendants must conform to and comply
with the Chapter 31,. Code of Ordinances of the City of Lubbock and
pertinent state laws. Contractor in addition further agrees to main-
tain records at a central location of drivers' licenses, ambulance
attendants' certificates and business licenses, including license or
certificate numbers and expiration dates, for all ambulance personnel
answering calls pursuant to this agreement. Such records shall be
available at all times to the Chief of Police.
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(e) Each ambulance shall be equipped with a two-way radio which
transmits and receives on frequencies designated for use by the Fed-
eral Communications Commission between each vehicle and Contractor's
base station. Radio communications to and from such ambulances
shall be the sole responsibility and expense of the Contractor who shall
dispatch emergency vehicles in coordination with and by the knowledge
and approval of the Police Dispatcher. In addition a two-way radio
complying with Federal Communications rules and regulations shall be
furnished by the City for convenience and safety of the public for com-
munication between each vehicle and the police dispatcher, but the
installation, maintenance and operation shall be the sole responsibility
of the Contractor.
-3.
POLICE DISPATCHER TO DIRECT EMERGENCY SERVICE
No vehicle designated to provide emergency service shall be used on any calls
except as directed or approved by a law enforcement Dispatcher of Lubbock County
acting through and in coordination with Contractor.
4.
PAYMENTS BY CITY AND HOSPITAL DISTRICT TO CONTRACTOR
The City of Lubbock will pay to the Contractor $2,400. 00 monthly and the
Lubbock County Hospital District of Lubbock County, Texas will pay to the Con-
tractor $1, 000.00 monthly for providing the stated emergency ambulance service
within the County of Lubbock. Payment shall be made by the City and the Hospital
District to the Contractor by the tenth day of each month for services rendered
the preceding month or portion thereof.
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PERFORMANCE BOND \
Contractor shall provide a good and sufficient liquidated damage bond in the
amount of Seven Thousand Five Hundred ($7.9500. 00) Dollars, guaranteeing the
full and faithful execution and performance of this contract. Said bond shall be
executed by the Contractor and one corporate surety authorized to do business in
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the State of Texas. The surety shall dbsignate an agent resident in Lubbock County,
Texas, to whom any requisite notices may be delivered and on whom service of
process may be had in matters arising out of such suretyship.
6.
CONTRACTOR REQUIRED TO FURNISH WRITTEN REPORTS AND
MAINTAIN SEPARATE AMBULANCE RECORDS
On or before the 20th day of each month, Contractor shall furnish to the City
Manager of the City of Lubbock and the Board of Managers of the Hospital District,
a full, complete and composite report in writing showing its operations during the
preceding month for the emergency ambulance service. The reports shall include
accurate information relating to revenues, expenses, call statistics including date,
time and response, and the status of delinquent and uncollectible accounts so that
the City and the Hospital District will have sufficient financial and operational
information. The Contractor shall keep detailed and completely separate books,
records and operating statistics of the ambulance operations, excluding any and
all other business enterprises in which the Contractor may be engaged, which will
be subject during reasonable business hours to examination and audit by the City
of Lubbock and the Hospital District.
7.
COMMUNICATION
Contractor shall provide at its expense straight line telephone connection to
the Police Department of the City of Lubbock, which shall be manned twenty-four
(24) hours per day every day.
8.
COMPLIANCE WITH LAW AND ORDINANCES
Contractor agrees to operate the ambulances in accordance with the require-
ments of the State Law and applicable Ordinances of the City of Lubbock.
9.
LIA13ILIT.Y INSURANCE
During the term of this contract, Contractor agrees to purchase and keep in
full force and effect public liability insurance in the amount of Fifty Thousand
Dollars ($50, 000.00) for each person, One Hundred Thousand Dollars ($100, 000)
for each accident, and Fifty Thousand Dollars ($50, 000) for Property Damage.
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10.
INDEPENDENT CONTRACTOR
It is expressly understood and agreed by all parties hereto that Aid Ambu-
lance Company is an independent Contractor in its relationship to the City of
Lubbock and the Lubbock County Hospital District. Nothing herein contained at
any time or in any manner shall be construed to (1) effect an agreement of partner-
ship or joint venture or (2) render any party hereto the employer or master of any
other party and/or its employees, agents or representatives.
11.
INDEMNIFICATION AND ASSUMPTION OF LIABILITY
Aid Ambulance Company covenants and agrees to indemnify, and does hereby
indemnify, hold harmless and defend, the City of Lubbock, the Lubbock County
Hospital District, their agents, servants or 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 Aid Ambulance Com-
pany 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 its emer-
gency ambulance service and all other of its operations arising under or otherwise
incident to the provisions of this contract..,
12.
TERMINATION OF CONTRACT
Either party to this agreement may terminate this Contract or portion there of
upon thirty (30) days notice in writing to the other parties to this agreement. The
termination date shall be at the expiration of the thirty (30) days notice and services
shall be performed to the termination date and payment made for such performed
services.
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13.
•REVIEW OF CONTRACT
This contract or any of its provisions shall be subject to review at the
request of either the City, the Hospital District, or the Contractor and shall
be subject to modification upon agreement in writing by the effected parties.
14.
NON-EXCLUSIVE CONTRACT
This contract shall not be considered as giving the Contractor the right
to operate an exclusive ambulance service within the County of Lubbock.
15,
EXCLUSION OF FINANCIAL INTEREST BY CITY EMPLOYEES
Contractor agrees that no public employee or the spouse of any public
employee has or shall have any financial interest or any management rights
in Contractor's business.
16.
MAINTENANCE OF RECORDS
Contractor agrees to maintain at a central location records of drivers'
licenses, ambulance attendants' certificates and business licenses, including
license or certificate numbers and expiration dates, for all ambulance person-
nel answering calls pursuant to this agreement. Such records shall be avail-
able at all times to the Chief of Police.
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ATTEST:
LaVenia Lowe, City Secretary -Treasurer
APPROVED AS TO FORM:
Fred O. renter, Jr. , ty ttorney
EXECUTED this v20 day of 1973.
LUBBOCK COUNTY HOSPITAL DISTRICT
OF LUBBOCK C NTY, TEXAS.
BY:
h irman, oard of HospVaplftnagers
ATTEST:
i
APPROVED:
AID AMBU LA 11CE COMPANY
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ATTEST:
Secretary