ORDER NO. 18138 APPROVAL OF PROPOSED AMBULANCE CONTRACT WITH AMCARE AMBULANCE AND MEDICAL SERVICES OF SAN ANTONIO, SUBJECT TO INCLUSION OF MALPRACTICE AND WORKERS' COMPENSATION INSURANCE On this the 22nd day of September 1988, upon motion made by Commissioner Baldwin, seconded by Commissioner Ray, the Court unanimously approved the proposed Ambulance Contract with AMCARE AMBULANCE AND MEDICAL SERVICES OF SAN ANTONIO, subject to inclusion of AMCARE carrying malpractice and workers' compensation insurance, and subject to concurrence by the City of Kerrville, retroactive to July 20th, 1987. rr~ cm of KERRVILLE, TEXAS December 5, 1988 Mr. H. A. Baldwin Kerr County Commissioner Kerr County Courthouse 700 Main Street Kerrville, TX 78028 Dear Buster, Enclosed is the County's signed copy of the City/County Ambulance Contract. Thank you for your attention in this matter, and please let me know if I can be of further assistance. Sincerely, ~____~~~ Randy Thomas Performance Specialist/Insurance Manager be enc. 800 JUNCTION HIGHWAY • KERRVILLE, TEXAS 78028-5069 • 512/257-8000 AMBULANCE CONTRACT I. DEFINITIONS. A. "Contractor" - The person or firm accepting this contract as contractor. B. "City" - City of Kerrville, Texas. C. "County" - County of Kerr, Texas. D. "Ambulance" - Any vehicle used by Contractor for carrying patients. E. "Emergency Ambulance" - An ambulance to which ALS permits have been issued by the State Board of Health. F. "Public Safety Committee" - Committee consisting of two members from the County Commissioners Court, two members from the Kerrville City Council, and Ex Officio Members: City Manager, Emergency Management Coordinator, and City/County Health Officer. G. "Emergency Medical Technician" - An individual who is certified by the Texas Department of Health as minimally proficient to perform emergency prehospital care that is necessary for basic life support and that includes the control of hemorrhaging and cardiopulmonary resuscitation. H. "Emergency Medical Technician-Special Skills (Intermediate}" - An individual who is certified by the Texas Department of Health as minimally proficient in performing skills required to provide emergency prehospital care by initiating under medical supervision certain procedures including intravenous therapy and endotracheal or esophageal intubation or both. I. "Emergency Medical Technician-Paramedic" - An individual who is certified by the Texas Department of Health as minimally proficient to provide emergency prehospital care by providing Advanced Life Support that includes initiation under medical supervision of certain procedures including intravenous therapy, endotracheal or esophageal intubation or both, electrical cardiac defibrillation or cardioversion, and drug therapy. II. TERM: The term of this Contract shall begin on July 20, 1987, at~ 5:00 p.m. and be for a three (3) year period ending July 20, 1990, at 5:00 p.m. unless sooner terminated as provided herein, or as extended under "Option" paragraph. III. PAYMENTS TO CONTRACTOR. During the term of this contract, City and County shall pay a total monthly sum to Contractor of $6,250, said sum to be divided equally between City and County. The first payment shall be due and payable the 20th day of the month next following the month in which this contract begins and continuing thereafter during the term of the contract such that Contractor is paid such monthly payment after rendering each month of service hereunder. This payment provision is retroactive to July 20, 1987. IV. CONTRACTOR'S CHARGES. Contractor shall be authorized to charge for the services and supplies rendered by Contractor, but such charges shall not exceed those listed on Attachments "A" and "B". V. CONTRACTOR'S SERVICES. The Contractor agrees to furnish a twenty-four (24) hours a day emergency ambulance service to the people of the City and County in compliance with the following requirements: 2 A. Contractor shall maintain a central office. Contractor's telephone and radio dispatching equipment shall be manned at such central office twenty-four (24) hours a day by means of persons other than ambulance personnel (first response or back-up). It is the intent of this provision that Contractor receive and dispatch calls at its central office, even though all crews are out on calls. It is not the intent to deny any EMT to work dispatch while they are off duty. B. The location, or change of location, of Contractor's central office shall be subject to approval of City and County. This contract is conditioned on Contractor not paying more than $3,000 per month in rental payments. Contractor designates the following as its initial central office: 620 SIDNEY BAKER, KERRVILLE, TEXAS. C. Contractor will be furnished the following telephone number: 896-2111. Upon termination hereof, Contractor will relinquish such number to the City/County. D. The first ambulance crew shall be on duty at the Contractor's central office twenty-four (24) hours a day unless out on call. The second ambulance crew shall also be on standby 24 hours a day unless out on call. In addition, there shall be a third ambulance crew on standby (subject to call) to respond to one additional call if the other crews are out on calls. A call may be in County or a transfer out of County . E. If a fourth call is received while all three ambulances are on other calls, Contractor shall notify the mutual aid ambulance services, including AMCARE San Antonio operations, in order of closest to Kerrville, to respond to the call. Contractor shall estimate time of arrival of the first returning AMCARE ambulance and instruct the returning crew to proceed to the location of the fourth call without returning first to the AMCARE base station. F. Radio dispatching equipment shall have an emergency electrical backup system so as to keep radios in operation during electrical outages. 3 VI. STANDARDS FOR PERSONNEL, AMBULANCES AND EQUIPMENT. Contractor shall comply with and furnish the following: A. Not less than three (3) ambulances which shall be equipped and permitted to meet Texas Department of Health ALS standards. 1. Contractor shall continue a preventive maintenance program designed to reduce mechanical failures. Every emergency ambulance shall receive such check list inspection at least once each twenty-four (24) hours. 2. Contractor shall furnish an enclosed covered garage for all ambulances (both transfer and emergency). This is to be done in order to protect the vehicles from the elements and from vandalism. B. Each ambulance shall be manned by a crew consisting of a minimum of two (2) persons (one EMT Basic or greater, and one EMT Special Skills or greater) when placed in service. Both crew members must have State Department of Health certification of successful completion of their respective skills level. 1. Contractor shall maintain a continuing education program such that all personnel shall be acquainted with the latest techniques and be encouraged to seek further advances in qualifications and certifications. A file will be maintained on all continuing education credits on employees as well as information on all lectures, in service training and classes. This file will be available for inspection or presentation upon request of the Public Safety Committee. 2. The Contractor shall furnish an adequately trained Medical Director. The Contractor identifies Dr. Leonard D. Marks as its Medical Director. Contractor shall promptly notify City of any change. C. When transporting a patient, whether an emergency or routine transfer, an EMT of Special Skills or greater will always accompany the patient in the patient compartment of the ambulance. 4 D. The ambulances must be licensed as emergency vehicles in compliance with applicable State Statutes and in compliance with the rules and regulations of the Texas Department of Health, to meet ALS requirements. E. All ambulances and equipment shall be inspected quarterly by person or persons to be designated by the City Manager of the City of Kerrville. Such inspections may be made without notice upon the premises of Contractor, and Contractor consents to the entry of City and County personnel for such purpose. 1. Emergency ambulances shall be kept in a state of good mechanical condition. 2. There shall be a prima facie presumption that any deficiency or repair can be corrected within five (5) working days, depending on availability of replacement parts; thereafter, Contractor shall pay $50.00 per day liquidated damages. 3. In no event shall any emergency ambulance be inoperable for more than twenty (20) consecutive days, and Contractor shall obtain a replacement emergency ambulance in the event any emergency ambulance will be inoperable for more than twenty (20) consecutive days. 4. Each emergency ambulance shall be equipped with a two-way radio which shall transmit and receive on the frequencies enabling communication with the following: Peterson Hospital; Sheriff's Department; Department of Public Safety; and City Police. An intercom system may be used to contact these agencies. City and County are the present owners and will maintain necessary insurance for weather damage on the following: a. Three (3) Mobile Transceivers (GE) Serial Nos. 7051761, 7051762, and 7051763; b. Cabinet at Tower; c. Antenna on Tower; d. Remote Station on EMS Office; e. Remote Station at Hospital; f. Base Station Transmitter at Tower; g. 2 Desk Remotes; h. 1 Motorola Radio; I. 1 Repeater Station. 5 5. Tower rental shall be the responsibility of the City and County who are the Lessee on the Agreement with the Times-Mirror Cable Television, Inc. 6. Contractor may have the use of this equipment during the term of this Contract without paying rent. Contractor shall, however, maintain all of such equipment in first-class operating condition and upon expiration of this Contract return same to City and County in the condition received, ordinary wear and tear excepted. 7. Each emergency ambulance shall be issued a radio call number by the Kerr County Sheriff. The radios shall be operated under the County of Kerr and Sid Peterson Hospital FCC License. License for Hilltop repeater will be under City of Kerrville's license. Radios shall be maintained to meet current FCC specifications. 8. Emergency calls or runs shall be answered only by "Emergency Ambulances." Each ambulance must be marked distinctively with the name of the Contractor. 9. All ambulances must comply with all State and Federal Regulations, laws, And ALS standards. 10. This contract is expressly conditioned on an inspection being made by City personnel of the equipment prior to this contract taking effect and further that the equipment shall meet all of the standards listed in this Section upon such inspection. 11. Contractor shall, on emergency runs which may involve the use of Advance Life Support systems, establish communication with a hospital for the purpose of obtaining medical direction. 12. Contractor shall provide an inventory of, and report on the condition of City/County owned radio equipment on each annual anniversary date. The Contractor shall keep said equipment in good order and safekeeping. 6 F. Contractor shall have the use of two defibrillators owned by the City and County. Such defibrillators shall be maintained by Contractor in good repair. VII. CONTRACTOR'S BOOKS AND RECORDS. A. Contractor shall keep all of its financial records in a manner consistent with generally accepted accounting principles, practices, procedures and standards. Contractor will also provide City and County a monthly statement of income and expenses, within fifteen days after the preceding month; and a yearly summary report of income and expenses, signed by Contractor. B. Contractor will submit, at each Regular Quarterly Public Safety Committee meeting, the most recent available data on the attached form {Attachment "C"). C. In addition to the above and foregoing paragraphs relating to Contractor's books, the City and County shall have the right at all reasonable times during business hours, to inspect and/or audit all financial records and books of Contractor. D. Contractor will maintain on file and open to inspection by the City and County, detailed records of all maintenance performed on each ambulance, including preventative maintenance. E. From time to time the City and County or r Public Safety Committee may make request from the Contractor, reasonable additional reports. F. In the event, however, no subsidy is paid Contractor, there shall be no obligation to report income and expense as provided by Paragraph VII, A and B. VIII. COMPLIANCE WITH LAW AND ORDINANCE. Contractor agrees to operate the ambulances in accordance with the requirements of the State laws and applicable ordinances of the City of Kerrville and County of Kerr. 7 IX. INSURANCE. Contractor shall keep in full force and effect insurance in at least the limits specified below: Coverages Limits of Liability Workers Compensation Statutory. General Liability $500,000 per occurrence, combined single limit for bodily injury and property damage. Malpractice Insurance $500,000 per occurrence, combined single limit for bodily injury and property damage. Auto Liability $300,000 per occurrence, combined single limit for bodily injury and property damage. The City of Kerrville and County of Kerr shall be shown as additional insured on such policies. Such policies and certificates thereof shall contain a provision that the City Manager shall be given at least 30 days written notice of cancellation, non-renewal or material change of required insurance coverage. At least five (5) days prior to termination of a policy, Contractor shall deliver to the City and County evidence of continuation of coverage and payment thereof . X. INDEPENDENT CONTRACTOR. Contractor is an Independent Contractor in its relationship to the City and County. Nothing herein contained shall ever be construed to mean that there exists any agreement of partnership of joint venture or that either party is the 8 employer or master of any other party or any party's agents, servants or employees. City and County do not and shall not ever have the right to control the details of any activities of Contractor or Contractor's employees. The City and County have not granted an exclusive franchise hereunder nor does the City and County endorse ary business, activities, or solicitations of any kind whatsoever by Contractor other than the items specifically listed herein. Contractor shall not make any representation, implied or otherwise, to the contrary. XI. INDEMNIFICATION AND ASSUMPTION OF LIABILITY. The Contractor, its listed owner and/or owners, covenant and agree to indemnify, hold harmless and defend, the City of Kerrville and County of Kerr, its agents, servants, or employees (even should they be negligent or alleged to be negligent), from and against any 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 any ambulance service and all other operations arising under or otherwise incident to the provisions of this Contract. XII. TERMINATION. Either party may terminate this Contract for breach of any provision hereof. In such event, thirty (30) days written notice of such termination shall be given to the breaching party, and at the end of such thirty (30) day period, this Contract shall terminate. 9 XIII. PERSONNEL LIST. Contractor shall maintain on file a list of all employees and their qualifications. This shall be furnished upon request of the Public Safety Committee. XIV. ESSENTIAL AMBULANCE EQUIPMENT. A. Each emergency ambulance shall be equipped according to Advanced Life Support standards required by the Texas Department of Health. B. In addition to such requirements, each emergency ambulance must be equipped with a manually operated hydraulic extraction tool for removing trapped persons from vehicles. C. During each calendar year of this Contract, the City and County may require the Contractor to obtain additional or other equipment, but such requirement shall not necessitate the expenditure by Contractor of more than an additional $1,000.00 during each year of operation hereunder. XV. DELEGATION: COOPERATION OF CONTRACTOR. City and County may delegate the supervision and administration of this contract to the Public Safety Committee or its successor, a medical doctor, or other organizations and persons. Contractor shall, with City and County or their designee, cooperate, consult and advise, attend hearings and meetings, and produce records, upon reasonable request. XVI. OPTION. Prior to the end of the three (3) year term hereof, City and County and Contractor shall, without a formal bid process, negotiate for an extended term of this Contract of one to 10 three (1 to 3) years. The prices, terms and conditions of any such extended term shall be those that are agreed upon by the parties. The parties shall use their best efforts, if bath parties are in agreement, to begin such negotiations one hundred twenty (120) days before the end of the three (3) year term, such that if an extended term is agreed upon, such extended term shall begin promptly on the next day after the end of the three (3) year term. XVII. MANAGER. Contractor shall designate a person responsible for the day to day operation and management of the ambulance service. Manager appointment may be subject to City/County approval. Such manager shall reside in Kerr County, Texas. XVIII. INSOLVENT. In the event that Contractor becomes insolvent, or does not pay substantial amounts of bills, ad valorem taxes, or other taxes (including income taxes) on a timely basis, or becomes subject to bankruptcy proceedings of any kind, then City/County, upon written notice to Contractor, may terminate this contract. XIX. ASSIGNABILITY. Contractor may not assign, mortgage, or otherwise alienate, this contract without the written consent of City/County. Change of ownership of a majority of Contractor's stock constitutes an assignment. 13. XX. TEMPORARY LOCATION. For the first 90 days of this contract, Contractor may operate from a temporary location. r~ SIGNED as of the '- day of E ~~?"~ ,,1=_ i.~..~--:, 1988. ~~~~~ ~ `~~ ATTEST: THE CITY OF KERRVILLE /;~ /' f~ Sheila L. Brand, City Clerk ~~eQ~ ~ c~.~~~ Edd R. Turner, Mayor DATE : ~;.J1-~.°~ , ` ~~;3' i ATTEST: Patricia Dye, Count Clerk ROVED AS TO FORM: ~iGtS ~ L' u L~~ I!'~9~ ~~s% Thomas S. Terrel}, City Attorney T OUNTY OF RR ~ ~~~~_~- Danny ward Judge Date: AS TO $Q1~M ~~ry xe ey County ttorney 12 ATTACHMENT "A" CONTRACTOR'S MAXIMUM CHARGES 1. Advanced Life Support 2. Mileage Rate {one way, from patient's origination to destination, minimum two miles) 3. Aid Only (non-transport) 4. Waiting time and standby (per hour) 5. Long Distance Mileage (out of County transfers that originate in Kerr County) 5. Extra Personnel 7. Oxygen Administration 8. Supplies (See Attachment "B") 9. Advanced Life Support Administration $175.00 1.50 per mile 50.00 50.00 2.75 per mile 25.00 each person 10.00 30.00 10. At the beginning of each semi-annual period of this three year contract, these charges will be reviewed and may be adjusted upward or downward as economic circumstances in the immediate area dictate. Any revisions in rates will require recommendation and/or approval from the Public Safety Committee, the City Council, and the County Commissioners Failing an agreement of the above parties, the following procedures shall be utilized: The adjustment shall be computed according to the following formula: 1000 (Texas CPI, October 1, present term year, less Texas CPI, October 1, prior to beginning of present term year) (present rate) = adjustment, such that the adjustment will equal all of the change in the Consumer Price Index. 13 ITEM Y6105: Abdominal Pad Adhesive Tape 1/2" Adhesive Tape 1" Alcohol Bottle Alcohol Swab Aluminum Foil Ammonia Inhalants Bags-Isolation Bags-Paper Bandage 2" Roller Bandage 3" Roller Bandage 4" Roller Bandaid Betadine Bottle Betadine Swab Bite Block Blood Tube-Red Top Blood Tube-Purple Top Burn Sheet Gauze 4x4 Gauze 2x2 Ice Packs Infusion Set 21GA Infusion Set 23GA I.V. Cath 14GA I.V. Cath 16GA I.V. Cath 18GA I.V. Cath 20GA Kleenix Lancets O. B. Kit Peroxide Pillow Case/Disposable Sheets/Disposable Sterile Water Suction Liner Surgical Mask Syringe 1CC ATTACHMENT "B" SUPPLIES CHARGES 14 CHARGE $ 5.00 N /'C N/C N/C N/C 10.00 N/C 10.00 N/C 5.00 5.00 5.00 N/C N/C N/C 2.50 N/C N/C 10.00 N/C N/C 5.00 10.00 10.00 7.50 ~.5a 7.50 7.50 N/C N/C 10.00 N/C 10.00 10.00 10.00 la.oo N/C lo.oa Syringe 5CC 10.00 Syringe 30CC 10.00 Trauma Dressing 5.00 Triangular Bandage 5.00 Urinal 10.00 Yankauer Tip 10.00 Tourniquet 5.00 A0999: Airway #0 1p,00 Airway #1 10.00 Airway #2 10.00 Airway #3 10.00 Airway #4 10.00 Airway #5 10.00 Airway #6 10.00 Bed Pan Disposable Blanket Body Bag Cervical Colalr-SM (use of) Cervical Collar-MD (use of) Cervical Collar-LG Desrose Stix Electrode Gel Electrode 3 Count Emesis Basin 10.00 10.00 10.00 35.00 35.00 35.00 N/C Part of ALS ADM Part of ALS ADM 10.00 Endotracheal Tube 2.5 10.00 Endotracheal Tube 3.0 10.00 Endotracheal Tube 4.0 10.00 Endotracheal Tube 5.0 10.00 Endotracheal Tube 6.0 10.00 Endotracheal Tube 6.5 10.00 Endotracheal Tube 7.0 10.00 Endotracheal Tube 7.5 10.00 Endotracheal Tube 8.0 10.00 Endotracheal Tube 8.5 10.00 Esophogeal Tube 35.00 E.T. Tubr Restraint _. 5.00 Isolation Kit N/C K-Y Lubricating Get N/C Levine Tube Part of ALS ADM Esophageal Mask 35.00 Oxygen Tubing Oxygen ADM Y8060: Heart Monitor/Debib ALS ADM 15 A4215: Needle 18GA 2.50 Needle 20GA 2.50 Needle 25GA 2.50 Y8069: Nasal Cannula 5.00 Oxygen Mask/Adult 5.00 Oxygen Mask/Child 5.00 Y5102: Suction Catheter 10.00 Drugs not charged by Sid Peterson Hospital: Charcoal 10.00 Ipecac 10.00 Nubain 10.00 Thiamine 10.00 Lasix 10.00 Oxygen 10.00 Valium 10.00 16 f Month ~~ S_ 60 60 - 90 "' 30 L ,r--,------~' ~ "total Cash ODaY50 Days Days False Monthly Alarms Billing Collections . And Basic Routine Subsidy • Treatment tJo Pay Tra~isfers N0 Runs Emergency Routine Transport _l f___------""`" Basic Transfers E~rgenci es ATTACNMEtIT ~~C~~ MOi1THLY RESPOtiSES -SICCED OUT OF COUNTY-----""-