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HomeMy WebLinkAboutResolution - 091274G - Emergency Ambulance Service Agreement - Aid Ambulance Co - 09_12_1974R 1,'C(1T .TTTTnW 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 to be entered into by and between said City and AID AMBULANCE COMPANY, a Texas Corporation, attached herewith which shall 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 12thay of September 1974. ROY BASS, MAYOR ATTEST: R Treva Phi lips, ity Secretary -Treasurer APPROVED AS TO FORM: Fred O. Senter, Jr. , CitlAttorney EMERGENCY AMBULANCE ,SERVICE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LUBBOCK THIS AGREEMENT entered into this date, by and between the City of Lubbock, Texas, a municipal corporation,.acting by and through ROY BASS, its duly authorized Mayor, hereinafter called "City" and Aid Ambulance Company, a Texas corporation maintaining an office and having its principal place of business in the City of Lubbock, Texas, acting by and through its duly authorized President, herein- after called "Contractor." WITNESSETH: THAT Contractor agrees as an independent contractor, at its own cost and expense, to furnish emergency ambulance service within the City Limits of the City of Lubbock in compliance with the terms and conditions, covenants and agreements hereinafter set forth: 1. EMERGENCY AMBULANCE SERVICE REQUIREMENTS Contractor covenants and agrees to furnish ambulance service as an independent contractor for the sole purpose of making emer- gency calls within the City Limits of the City of Lubbock, Texas, in accordance with the following requirements: (a) Contractor shall furnish daily, at the hours herein- after indicated, two (2) primary ambulances and crews and one (1) back-up ambulance and crew which shall 'be avail- able from 8:00 A.M. to 12:00 P.M. Midnight and one (1) primary ambulance and crew and one (1) back-up ambulance and crew which shall be available daily from 12:01 A.M. to 7:59 A.M.. Primary units are emergency ambulances_in first line use and back-up units are reserve units to be used in case all primary units are in use. (b) Contractor shall have and maintain ambulances and crews available as set forth above in subparagraph l(a) for emergency dispatch from not less than two ambulance stations in the City of Lubbock during the hours of 8:00 A.M. to 12:00 P.M. Midnight and from at least one station from 12:01 A.M. to 7:59 P.M. Such ambulance station locations are to be based upon an analysis of emergency response data to determine appropriate districts necessary to maintain an average five minute response time and to further mini- mize average response times within the City limits to five minutes or less. (c) Equipment and crews shall be located at points to be selected by Contractor, based on analysis as set forth next - above in Subparagraph l(b), subject to approval of the contracting parties. It is the intention of the parties that same shall be located so that an average response time of five minutes from the time of dispatch can be main- tained within the City limits of Lubbock. (d) After having been called upon to respond to an emer- gency call, Contractor shall notify the City of Lubbock Police Dispatcher of the origin, route, and location of the ambulance answering such call. 4 STANDARDS REQUIRED FOR AMBULANCE ATTENDANTS AMBULANCES AND ACCESSORY EQUIPMENT Contractor warrants, covenants and agrees to furnish at its own expense such necessary ambulance personnel, ambulances and accessory equipment which comply with the following standards: (a) During the first year of this Contract, each primary and back-up ambulance crew required hereunder shall have two (2) attendants per required crew, one (1) crew member being a certified Emergency Medical Technician and one trained in Advanced First Aid, and during the second year of this Contract both members of each such crew shall be Certified Emergency Medical Technicians. (b) Contractor shall provide on -going internal training for all its personnel and shall emphasize advanced Emergency Medical Technician Training. (c) All ambulances must be inspected and.approved every six (6) months during the term of this agreement and spot checked as necessary by the Chief of Police of the City of Lubbock and the City -County Health Department and must be a type and design suitable for transporting sick and injured persons. Said vehicles shall be equipped in -2- accordance with and meet the specifications for "Emergency Ambulances" as provided for by Article IV, Chapter 31 of the Lubbock City Code, and each vehicle shall be capable of carrying two (2) or more sick or injured per- sons. Additionally, during the first year of this Contract, two (2) primary units shall meet the standards for ambu- lances recommended by the U.S. Department of Health, Educa- tion and Welfare's publication number 1071-C-3 entitled' "Medical Requirements for Ambulance Design and Equipment," said publication being hereby incorporated by reference as a part of this Contract as if fully copied herein in detail a copy of which publication shall be filed as a part of the City Secretary's records; and during the second year of this Contract, two (2) of the primary and one (1) of the back-up units shall meet such standards. (d) All such ambulances must be distinctly marked, showing the name of the Contractor providing service. (e) 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. (f) In addition to necessary equipment and supplies for emergency ambulances as required by the Texas State Health Department and the Lubbock City -County Health Department, Contractor shall further provide necessary supplies and equipment for Emergency Medical Trained personnel, including but not limited to "Minimal Equipment for Ambulances" as recommended by the Committee on Trauma, American College of Surgeons. 3. COMMUNICATION REQUIREMENTS (a) Each ambulance shall be equipped with a two-way radio which transmits and receives on frequencies designated for use by the Federal Communications Commission between each vehicle and Contractor's base station. Radio com- munication to and from such ambulances shall be the sole responsibility and expense of the Contractor who shall -3- dispatch emergency vehicles in coordination with and by the knowledge and approval of the Police Dispatcher. In addition, a two-way radio complying with FCC rules and regulations shall be furnished by the City for convenience and safety of the public for communications between each vehicle and the police dispatcher, but the installation, maintenance, and operation shall be the sole responsibility of the Contractor. (b) Each ambulance vehicle shall further have capability to communicate with hospitals and other emergency services from ambulance units. (c) 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. 4. POLICE DISPATCHER TO COORDINATE EMERGENCY CALLS No vehicle designated to provide emergency service shall be used on any calls unless it is coordinated with the Police Dispatcher of the City of Lubbock acting through and in coordination with Contractor. S. 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 a full, complete and composite report in writing showing its operations during the pre- ceding month for the emergency ambulance service. The reports shall include accurate information relating to revenues, expenses, the status of delinquent and uncollectible accounts, and call statistics including date, time of day, response time, emergency location, and any other data deemed necessary by the City Manager so that the City will have sufficient financial and operational information. The Con- tractor shall keep detailed and completely separate books, records and operating statistics of the emergency ambulance operations, ex- cluding any and all other business enterprises in which the Contractor may be engaged, which will be subject during reasonable business -4- hours to examine and audit by the City of Lubbock. Contractor shall continuously revise and update its forms and improve time taking measures of calls, dispatching, and the like so as to constantly improve its operations. 6. MAINTENANCE OF PERSONNEL 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 personnel answering calls pursuant to this agreement. Such records shall be available at all times to the Chief of Police. 7. COMPLIANCE WITH LAW AND ORDINANCES Contractor agrees to operate the ambulances in accordance with the requirements of the State Law and applicable Ordinances of the City of Lubbock. 8. I PERFORMANCE BOND Contractor shall provide a good and sufficient surety performance bond in the amount of Seven Thousand Five Hundred ($7,500.00) Dollars, guaranteeing to the City the full and faithful execution and per- formance of this 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 Lubbock County, Texas, to whom any requisite notices may be de- livered and on whom service of process may be had in matters arising out of such suretyship. 9. LIABILITY 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 ($50,000.00) for each person, One Hundred Thousand Dollars 1 ($ 00,000) for each accident, and Fifty Thousand Dollars ($50,000.00) for Property Damage. 5 10. INDEPENDENT CONTRACTOR It is expressly understood and agreed by all parties hereto that Aid Ambulance Company is an independent Contractor in its relation- ship to the City of Lubbock. Nothing herein contained at any time or in any manner shall be construed to (1) effect an agreement of partnership 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, its 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 in- cident to the operations of its emergency ambulance service and all other of its operations arising under, or otherwise incident to the provision of this contract; and Aid Ambulance Company 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 emergency ambulance ser- vice and all other of its operations arising under or otherwise in- cident to the provisions of this contract. 12. NON-EXCLUSIVE CONTRACT This contract shall not be considered as giving the Contractor the right to operate an exclusive ambulance service within the City of Lubbock. 13. 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. _ 6 _ 14. PAYMENTS BY CITY TO THE CONTRACTOR The City of Lubbock will pay to the Contractor $2,900.00 monthly for providing the stated emergency ambulance service within the City limits of the City of Lubbock. Payments shall be made by the City to the Contractor by the tenth day of each month for services rendered the preceding month or portion thereof. 15. REVIEW OF CONTACT This contract or any of its provisions shall be subject to re- view at the end of each six months period of this Contract at the re- quest of either the City or the Contractor and shall be subject to modifications upon agreement in writing by the parties hereto. 16. TERM This Contract shall become effective on October 1, 1974, and shall be in force and effort for two (2) years from said date, unless otherwise cancelled or terminated as hereinabove provided. This contract is entered into subject to the Charter and Ordinances of the City of Lubbock and applicable State laws. 17. TERMINATION OF CONTRACT Either party to this agreement may terminate this Contract or portion thereof upon Sixty (60) days notice in writing to the. other parties to this agreement. The termination date shall be at the expiration of the Sixty (60) days notice and services shall be performed to the termination date and payment made for such per- formed services.' EXECUTED this 12th day of September , 1974. ATTEST: CITY OF LUBBOCK &SS Treva Phillips,/City Sec.-Treas.ROY BASS, MAYOR EXECUTED this_ 12th day of September , 1974 • ATTEST: AID AMBULANCE COMPANY Secretary PRESIDENT ` Approved as/too form: Fred 0_ Senter, Jr.. City ANom zl