HomeMy WebLinkAboutO-1994-2002
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ORDINANCE NO. 94-2002 '
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND THE ASSOCIATION OF BAYPORT COMPANIES, INC.,
FOR EMERGENCY AMBULANCE SERVICE; MAKING VARIOUS FINDINGS AND
PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE
OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
Ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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ORD:INANCE NO. 94- 2002
PAGE 2
PASSED AND APPROVED, this 24th day of October, 1994.
CITY OF LA PORTE
By:
~hi.;;-Il1~
Mayor
ATTEST:
~L/
Sue Lenes,
City Secretary
6Z~.~
Knox W. ASkins,
City Attorney
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CONTRACT
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
THIS CONTRACT AND AGREEMENT made and entered into on this the
1st day of October, 1994, by and between ASSOCIATION OF BAYPORT
COMPANIES, INC., a Texas Non-Profit Corporation, hereinafter called
"A.B. C.", and CITY OF LA PORTE, a Texas Municipal Corporation,
hereinafter called "CONTRACTOR", and containing all terms of the
agreement between said parties.
WIT N ESE T H:
That Contractor agrees, as an independent contractor, at its
own cost and expense, to furnish Emergency Medical Service (EMS)
on Service Area as outlined on Exhibit "A", attached hereto and
fully incorporated by reference herein, which shall hereafter be
referred to as the "Service Area", in compliance with the terms and
conditions, covenants and agreements hereinafter set forth;
provided, however, that A.B.C. hereby agrees and promises to pay
Contractor the sum specified in paragraph XIV below per year, in
advance, for such services.
Contractor will provide space for
housing ambulances and personnel.
I.
AMBULANCES PROVIDED
As part of the consideration expressed herein, Contractor
agrees to furnish ambulances and the personnel to man those
ambulances, said Emergency Medical Service being available on a
constant basis. Contractor shall regularly maintain said ambulance
units, keep them in good working condition at all times, normal
wear accepted.
Contractor shall further keep in full force and
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effect, collision and liability insurance on said ambulances in
accordance with the provisions of paragraph IX infra. A.B.C. shall
be named as an additional insured on said policies.
II.
EMERGENCY AMBULANCE SERVICE REOUIREMENTS
Contractor covenants and agrees to furnish ambulance service
in compliance with the following requirements:
(1) Contractor shall have and maintain at least two (2)
ambulances and crews available twenty-four (24)
hours daily for emergency dispatch, in conformity
with the standards set forth in Paragraph III
hereof. Contractor reserves the right to arrange
for back-up units when both of the two (2)
ambulances are in service, and the further right to
activate mutual assistance agreements with other
governmental entities in the event of calamity or
disaster conditions. Nothing set forth herein is
meant to diminish the abili ty of Contractor to
arrange for back-up units when both of the two
ambulances are in service, or diminish the right of
Contractor to activate mutual assistance agreements
with other governmental entities in the event of
calamity or disaster conditions.
(2) Equipment and crews shall be located at a point or
points within the City of La Porte to be selected
by Contractor. It is the intention of the parties
that same shall be so located that an ambulance can
reach any area within the Service Area within a
reasonable period from time of dispatch, and it is
within the contemplation of the parties that ten
(10) minutes is deemed to be a reasonable period of
time.
III.
STANDARDS REOUIRED FOR AMBULANCES
AND ACCESSORY EOUIPMENT
Contractor covenants and agrees to furnish at his own expense
ambulances and accessory equipment which comply with the following
standards:
(1) A total of not less than two (2) Mobile Intensive
Care ambulances shall be furnished by the Contractor
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twenty-four (24) hours a day, to the Service Area.
Provided, that said two (2) ambulance requirements
shall not apply, when either or both of said units
are engaged in providing emergency ambulance service
to a point or points as contemplated wi thin the
Service Area, said Service Area specified in
paragraph XIII. One of said units may be on call
at a backup location within the City of La Porte or
the Service Area upon dispatch of the initial unit
required to be maintained within the City of La
Porte. Each vehicle must have a patient capacity
of not less than two (2) patients.
(2) All ambulances must be inspected and approved by the
Chief of Emergency Medical Services of the City of
La Porte and must be of a type and design suitable
for transporting injured persons. Said vehicles
shall be at all times in a state of good mechanical
repair and shall be equipped with tires in good
condition and not showing unusual wear.
(3) All such ambulances must be licensed as Mobile
Intensive Care Units in compliance with Article
44470 of the Revised Civil Statutes of the State of
Texas, and amendments thereto, and in compliance
with the Rules and Regulations of the State Board
of Health.
(4) (a) Each ambulance shall be equipped with a two-
way radio which transmits and receives on
frequencies designated for use by the City of
La Porte.
(b) Radios will be operated on City of La Porte
local government frequency 155.625
megacycles, or such other frequency which the
City may designate.
(c) Radios must be maintained to meet current
F.C.C. specifications. The maintenance costs
will be borne by the Contractor.
(d) Radios must have an annual frequency check by
the City of La Porte Radio Technician.
(e) Contractor will comply with all F.C.C.
regulations. The assigned radio frequency is
shared with other City services. Contractor
shall keep all radio messages brief and clear,
and shall avoid unnecessary transmissions.
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(7) The Emergency Medical Services Chief of the City of
La Porte shall determine the standards for ambulance
equipment. In determining the adequacy of the
equipment, the Emergency Medical Services Chief
shall take into consideration the current list of
minimal equipment for ambulances as required by
Article 44470 of the Revised civil Statutes of the
State of Texas.
IV.
INSPECTION AND APPROVAL OF AMBULANCES
AND ACCESSORY EQUIPMENT BY CITY
All ambulances and accessory equipment shall be subject to
inspection by the Emergency Medical Services Chief of the city of
La Porte, or his duly appointed representative, and if at any time
same are not in compliance with the provisions hereof, or if any
ambulance is in need of mechanical repairs in order to insure its
satisfactory condition, then such ambulance shall not be used until
all defects are remedied to the satisfaction of the Emergency
Medical Services Chief. Appropriate substitute equipment shall be
provided in the event any vehicle or equipment is not available for
service for one (1) week, and immediate written notice of such
shall be furnished by Contractor to A.B.C..
V.
TRANSPORTATION TO HOSPITAL
Contractor shall transport patient to the nearest hospital
providing an emergency service, that will take the patient, unless
the patient's safety or the patient him or herself specifically
dictates otherwise.
In the event that the patient is
incapacitated,
the
Paramedic
attendant
shall
designate
transportation of patient to the nearest hospital.
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VI.
CHARGES PERMITTED CONTRACTOR
Contractor shall be permitted to charge the following base
charge, to-wit:
(1) Ambulance Service and Invalid Coach Service:
(a) Contractor shall be entitled to charge fees for
its services rendered, said fees being subject
to change from time to time upon thirty (30)
days written notice from Contractor to A.B.C..
The fees chargeable by Contractor to A.B.C. on
the effective date of this Contract are
specifically enumerated on Exhibit "B",
attached hereto and fully incorporated by
reference herein. Contractor shall be entitled
to change said fees upon written notice to
A.B.C., said fee change becoming effective on
the thirtieth (30th) day following delivery of
the written notice from Contractor to A.B.C..
(b) Method of dividing cost among patients if
more than one is carried in the same
ambulance simultaneously to one hospital:
One and one-half (1 1/2) times the regular
rate, divided by the number of patients
transported; each patient to pay equal
amount.
Contractor shall never deny emergency
service because of a person's inability
to pay.
(c) The collection of such fees shall be the
sole responsibility of the said
Contractor. Contractor shall vigorously
pursue the collection of any such fees.
VII.
DISPATCHING
Contractor shall have its own telephone number, wi th a
minimum of two (2) incoming lines.
Emergency calls shall be
received by Contractor at the 911 Emergency Service number.
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VIII.
COMPLIANCE WITH LAW AND ORDINANCES
Contractor agrees to operate the ambulances in accordance
with the requirements of the State and Federal law, and applicable
municipal or county ordinances, as the same now exist, and as may
be amended from time to time hereafter.
IX.
LIABILITY INSURANCE
During the term of this contract and any extensions thereof,
Contractor shall purchase and keep in full force and effect,
public liability insurance on each of its ambulance units, workers
compensation, and professional liability insurance (malpractice
insurance) on each of its employees administering patient care,
with minimum liability limits established in the Texas Torts
Claims Act, Vernon's civil Practice and Remedies Code, Chapter
101. Contractor shall file certificates of insurance coverage
with A.B.C. during the term of this contract and any extensions
thereof. On all said insurance policies, A.B.C. shall be named as
an additional named insured.
x.
INDEPENDENT CONTRACTOR
It is expressly agreed and understood by all parties hereto
that Contractor is an independent contractor in its relationship
to A.B.C.. Nothing herein contained at any time or in any manner
shall be construed to (1) effect an agreement of partnership or
j oint venture, or (2) render any party hereto the employer or
master of any other party and/or its employees, agents or
representatives, and (3) Contractor shall be deemed sole provider
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to the A.B.C..
XI.
INDEMNIFICATION AND ASSUMPTION OF LIABILITY
Contractor covenants and agrees to indemnify, and does hereby
indemnify, hold harmless and defend, A.B.C., 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 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 all liability and
responsibility for injuries, claims or suits for damages to
persons or property, of whatever 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
service and all other of its operations arising under or otherwise
incident to the provisions of this contract; provided, however,
the liability of Contractor hereunder shall be limited as provided
in the Texas Tort Claims Act, Vernon's civil Practice and Remedies
Code, Chapter 101.
XII.
REVOCATION OF CONTRACT
A.B.C. and Contractor may cancel this contract, without
cause, after ninety (90) days prior written notice from the
cancelling party to the other party. Such notice shall be sent by
Contractor to A.B.C. at: Post Office Box 691, La Porte, Texas
77572-0691. Such notice shall be sent by A.B.C. to Contractor at:
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City of La Porte, Post Office Box 1115, La Porte, Texas 77572-
1115, Attn: City Manager.
XIII.
SERVICE AREA
A.B.C. and Contractor agree that Contractor's service area
includes the cities of La Porte; Morgan's Point; and Shoreacres;
and the Battleground and Bayport Industrial Districts, and any
other entities within the extraterritorial jurisdiction of the
City of La Porte with which City may hereafter enter into service
agreements. Contractor shall not enter into any ambulance service
contract with any other entity providing fees for services shown
on Exhibit "B" more favorable to any other entity, than those
provided for herein.
XIV.
PAYMENTS TO CONTRACTOR
A.B.C. shall make a payment to Contractor on or before the
1st day of October, 1994, of Five Dollars ($5.00) per on-site
employee of the ASSOCIATION OF BAYPORT COMPANIES members,
comprised within the service area.
The employee count, which
A.B.C. represents to Contractor to be approximately between Five
Thousand (5,000) and six Thousand (6,000), on an annual basis,
shall be based upon the number of full-time equivalent, on-site
employees and shall include the number of recurring-contract
workers (such as maintenance contracts that are used for scheduled
plant maintenance).
The number of covered personnel is to be
estimated by each individual plant wi thin the service area and
furnished to the ASSOCIATION OF BAYPORT COMPANIES for the computa-
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tion of the annual fee, which shall occur on or before October 1,
the anniversary date of each year of this contract. A.B.C. shall
furnish to Contractor said census count furnished to them from the
ASSOCIATION OF BAYPORT COMPANIES during the month of September
during each year of this contract.
xv.
TERM
This Contract shall become effective at 12:01 a.m. Central
Daylight Time, on the 1st day of October, 1994, and shall remain
in full force and effect until the 30th day of September, 1997,
unless otherwise cancelled as provided in paragraph XII above.
This Contract is entered into subject to the Charter and
Ordinances of the City of La Porte, and all applicable state and
federal laws.
EXECUTED IN DUPLICATE ORIGINALS, effective as of the 1st day
of October, 1994.
ATTEST:
By:
~~~Ci~
Secretary
9
By:
By:
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ATTEST:
~~
Sue Lenes,
City Secretary
APPROVED FOR FORM:
r5:;;t~) .
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CITY OF LA PORTE
By: G<~~ ~
Robert T. Herrera
City Manager
'"
Knox W. Askins,
City Attorney
City of La Porte
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.~'! -L'RfMA::I
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Certificate of Coverage e
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This is to certify that contract of coverage listed below has been issued to the member named above and is in
effect at this time. Notwitbstanding any requirements, terms or conditions of any contracts or other documents
with respect to which this certificate may be issued or may pertain, the coverage afTorded by the contracts
described herein is subject to all the terms, exclusions and additions of such contracts. Coverage is continuous
until cancelled.
Contract Number: 6707
Member: City of La Porte
Attn: Mr. Louis Rie:bv
P.O. Box 1115
La Porte. Texas 77571
Company
Affording
Coverage:
Texas Municipal League
Intergovernmental Risk Pool
211 East 7th Street, Suite 300
Austin, Texas 78701
(800) 537-6655 or Fax (512) 404-3404
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Limits of Liability Statutory Effective Date 10/0 1/94
Anniversary Date 1 0/0 1 /95
::~;p ~S~i>.!;IQN!t:;tf;I!~:~il;:l~~:~j'~~~IJil~l~i:;:il;I';~~;~~~~lilll[~!!I:I;;I'!)1f:!ili~:~:;:~i~l;i::::;I~l1j~iili~;fi;~:i:;:~rj:::i;;::i:;:~l~li~::~~lfl::I~~;!:I.i~~;~l;!:i~tll~il~:;Jlfi~1;ij!;.~::~ii!~1~1:j.t:. :,:11i:r7.': . ...... .......: ..:....... ..........
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Proof of Coverage
Cancellation: Should any of the above described policies be cancelled before the anniversary date thereof, the issuing
company will endeavor to mail ~ days notice to the above named certificate holder, but failure to mail such notice
shall impose no obligation or liability of any kind upon the company.
Date Issued:
01/27/95
Authorized Representative:
~RL
Texas Municipal League Intergovernmental Risk Pool
Certificate Holder:
Association of Ba~ort Companies. Inc.
Box 691
La Porte. Texas 77572-0691
Xl19
12127/94
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Certificate of Coverage
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This is to certify that contracts of coverage listed below have been issued to the listed member and are in effect at
this time. Notwitbstanding any requirements, terms or conditions of any contracts or other documents with
respect to which this certificate may be issued or may pertain, the coverage afTorded by the contracts described
herein is subject to all the terms, exclusions and additions of such contracts. Coverage is continuous until
cancelled.
Contract Number: 6707
Member:
City of La Porte
Attn: Mr Louis Rie:bv
P.O. Box 1115
La Porte. Texas 77571
Company
Affording
Coverage:
Texas Municipal League
Intergovernmental Risk Pool
211 East 7th Street, Suite 300
Austin, Texas 78701
(800) 537-6655 or Fax (512) 404-3404
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Limits of Liability $ 3 , 000,000 Each Occurrence
Sudden Events
Involving Pollution $ 2,000,000 Each Occurrence
Annual Aggregate $ 6,000,000 Effective Date 1 0/0 1 /94
Deductible Per Occurrence $ 5 ,000 Anniversary Date 10/0 1 /95
;::fA\V:;::E~rOR~~~~:M~~~~~~~!l;';f:~\j!lllll~~JII~[~IIr:ill!ill~ji!i!i!!i:JI~!jlif;:!i::i:::~:~::it:;~i:=:::::::::~~;i::il;i:!ii:!I!:i!;:!:':j.:!!:!:i~lll:~!::~;I;i:::: '" .":..':':'::"':-':':'.'::" . .. .
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Limits of Liability $ Each Occurrence
Annual Aggregate $ Effective Date
Deductible Per Occurrence $ Anniversary Date
, E~~Rst~N~~1R~~~~~ii::~~iii'II:!i~11111~:"Ir:lll'lfiil;I:fl;::!l;i:::;i::j':::;i~t::;::'~:::i:}:r;:'-;:::i):~'~~i..~:::;\:i~:~~r:if= ::;..::::ijf::~i:!;i!;:.{~h:::;~:?:f:;:j:;:. .. :{:::!::;: ::'.:r:.:.'?':;':::::i::j;:::!:!;(.::i;::::;:.;'::::l.:::ii::;:li:!r::
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Limits of Liability $ Each Claim
Annual Aggregate $ Effective Date
Deductible Per Claim $ Anniversary Date
.:':':~.~S~~~t;:fi!i~;!;:J:!:r:.;:;::i:i~:tjt~r:;::l::::: '.:11~:I::;!j;~;lli;:lil:llt~II:llllt\~~11~11~jl~lliilII~l1i i!~lil~:I\}1i~~:!!~j'f::~:~:;:':;:i::;::{; f!~:'ilf.!:I~;'::!~i\l;~~1;i!:!:;~li~:.::::"":;::~:;:':::l!!l::llI:lr:llil:i;;'~~;:::~j<~rif!:;:;.:" :;: ;:~]i;i.t;;::!~I:I~j~!:;g~~!I:!:!:;~!;;~lilt:::
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Proof of Coverage
Cancellation: Should any of the above described coverages be cancelled before the anniversary date thereof, the
issuing company will endeavor to mail ~ days written notice to the certificate hOlder(t[ut 'lure to mail such notice
shall impose no obligation or liability of any kind upon the company. C
Date Issued: 01/27/95 Authorized Representative: t~~
Texas Municipal League Intergovernmental Risk Pool
Certificate Holder:
Association of Bayport ComDanies. Inc.
Box 691
La Porte. Texas 77572-0691
Addl Insured
Yes
X
No
X 102
12/27/94
(C(gflf
This is to certify that contracts of coverage listed below have been issued to the member named above and are in
effect at this time. Notwithstanding any requirements, terms or conditions of any contracts or other documents
with respect to which this certificate may be issued or may pertain, the coverage afforded by the contracts
described herein is subject to all the terms, exclusions and additions of such contracts. Coverage is continuous
until cancelled.
.
Certificate of Coverage
e
Contract Number: 6707
Member: City of La Porte
Attn: Mr. Louis Rie:bv
P.O. Box 1115
La Porte. Texas 77571
Company
Affording
Coverage:
Texas Municipal League
Intergovernmental Risk Pool
211 East 7th Street, Suite 300
Austin, Texas 78701
(800) 537-6655 or Fax (512) 404-3404
JAB, IL"l:!'r.V"" ,. ....".... .,.. .... ..,.. ., '. . ., .....:.:::::t:>::::;:::~.ih.;..:.:~h:~::::;:::;:.:.)....:::::::::<.::i .:.:."....:.. ::;. ;." .:.:..:....;..L..).::-..:.:...:....:::;:-:;. . .
.':A UTO MpBILE': L';'.: ':~:~:~:~:i.. ;::~.(::;:;~i~i:r;~:i~::ii~:i~I;~iij~:fr:;i:;:~i.:!i::::;~:iii:;':.;:.:.;:";;i;:;i;::;.:.:t:;::;::I:::::::.':' :.;;: .. . .'. . :..;,.:.:!: .':::.;~:.:i:): r;::.:<:;:,::......::::: .::..::T: ,;:'.>.' .' .. ... : .. .: ..:. :...
Limits of Liability $ 3,000,000 Each Occurrence
Deductible Per Occurrence $ 1,000 Effective Date 10/01194
Anniversary Date 10/01195
Limits of Liability $ Limits Per Schedule On File With TML-IRP
Collision Deductible $ Effective Date
Comprehensive Deductible $ Anniversary Date
:.:Near'.:.:;:i:::::::.:::::i::" '.: ',' :;:);~~~;~:::::~~l:i:::i:';::':': !~;':itij~~il~::;i~l!1:::::~:;::1:;i:!i!j:=:'::.:t~;~::~; ~:::M~~::.:::':I'::::'.:';;:::: ;;::;S9~~:::~~~'i:f:.::;:';;;:':'\:::,:;::;,: j::::~~A~;:~~.#~t.~:::~;i::;.
Proof of Coverag b
Cancellation: Should any of the above described policies be cancelled before the anniversary date thereof, the issuing
company will endeavor to mail .l!L- days written notice to the above named certificate holder, but failure to mail such
notice shall impose no obligation or liability of any kind upon the co, "r<.P
Date Issued: 01127/95 Authorized Representative: L~7 ~
Texas Municipal League Intergovernmental Risk Pool
Certificate Holder:
Association of Bayport Companies. Inc.
Box 691
La Porte. Texas 77572-0691
Yes
Loss Payee
Addl Insured
No
X
X
X121
12127/94