HomeMy WebLinkAboutO-1997-2197
e
e
ORIGINAL
ORDINANCE NO. 97-2197
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 LAPORTE:
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
Ci ty Hall of the City 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 subj ect 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.
e
ORDINANCE NO. 97-2197
e
PASSED AND APPROVED, this 8th day of September, 1997.
ATTEST:
~~a.JI~
Martha A. Gillett
City Secretary
Knox W. Askins
City Attorney
CITY OF LA PORTE
By: 4p,~~
,. V' -
e
e
ORDINANCE NO. 97-21~7
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 LAPORTE:
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
Ci ty Hall of the City 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 subj ect matter thereof has been discussed,
considered and formally acted upon.
The Ci ty 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.
e
e
ORDINANCE NO. 97-2197
PASSED AND APPROVED, this 8th day of September, 1997.
CITY OF LA PORTE
By: ,~~~
ATTEST:
ufGialtL~~ a - ;/4LlIHA
Martha A. Gillett
City Secretary
Knox W. Askins
City Attorney
e
e
CONTRACT
STATE OF TEXAS
{
{
{
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
THIS CONTRACT AND AGREEMENT made and entered into on this the
1st day of October, 1997, 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
e
":"e
wear accepted.
Contractor shall further keep in full force and
effect, collision and liability insurance on said ambulances in
accordance with the pz:ovisions of paragraph IX infra. A.B.C. shall
be named as an additional insured on said policies.
II.
EMERGENCY AMBULANCE SERVICE REQUIREMENTS
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 ability 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 . ,_-
wi th other governmental enti ties 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 EQUIPMENT
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 twenty-four (24) hours a day, to the
Service Area.
2"'
e
e
Provided, that said two (~) 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 within
the service Area, said Serv~ce 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 wi thin 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 transmi ts and recei ves 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) 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.
(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.
3
e
e
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
requests otherwise and said request is within Contractor's
transport policy. In the event that the patierit'is incapacitated,
the Paramedic attendant shall designate transportation of patient
to the nearest hospital.
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 I said fees being
subject to change from time to time upon
thirty (30) days written notice from
4
e
e
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 incor-,
porat~d 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, di vided 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 responsibtlity of the said
Contractor. Contractor shall vigorously
pursue the. collection of any such fees.
VII.
DISPATCHING
Contractor shall have its own telephone number, with a minimum
of two (2) incoming lines. Emergency calls shall be received by
Contractor at the 911 Emergency Service number.
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
'S
e
e
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
.. ---..
joint 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
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 loolhatsoever 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
6
'.-"
e
e
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 contrclct; 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: 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.
7
.
e
XIV.
PAYMENTS TO CONTRACTOR
A.B.C. shall make a payment to Contractor on or before the 1st
day of October, 1997, of Ten Dollars ($10.00) 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 within the service area and furnished to the ASSOCIATION OF
BAYPORT COMPANIES for the computation 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, 1997, and shall remain in
full force and effect until the 30th day of September, 2000, 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.
8
By:
By:
..'.
". -
e
EXECUTED IN DUPLICATE ORIGINALS, effective as of the 1st day
of October, 1997.
ASSOCIATION OF BAYPORT COMPANIES, INC.
By:
~d<~
President
By:
ATTEST: .
~~
Secretary
. ,..--
CITY OF LA PORTE
By: Q~, T. \k~
Robert T. Herrera
City Manager
ATTEST:
UfY1(Ltttla.0., H~tUl/
Martha A. Gillett
City Secretary
APP~~D FOR FORMd. I~
. .
" ..-'1" I '
1;2:;""7\. :,' ~('t,"n_./,:,..
Knox W. Askins,
City Attorney
City of La Porte
9
",
I'"
.. '
.-
"
."
. .':
.
\ . ...
5i: -.\' :
- .
, '
--
,
I. :i"
:' , .: ~
.~;,~::gr.~((:":":'f.:-. ,-
. .:. .~:;:: ;..,.... "
EXHI'RIT i' .
\i
./
-',
.
e
.
e
City of La Porte E.M.S.
Contract Patient Volume Fact Sheet
June 1, 1996 to June 1, 1997
Calls to contract areas
1. Association of Bayport Companies
2. Battleground Industrial District
3. Port of Houston
Total Patient Volume
133 (5.4%)
37 (1.5%)
33 (1,3%)
2,469
Contract Patient Volume Graph
June 1, 1996 to June 1, 1997
5%
~..~~~ '
".. t',
(II A.B.C.
. Battleground
o Port of
Houston
o Total Patient
volume
93%
.
1
.
ORDINANCE NO. 1799
AN ORDINANCE ESTABLISHING A NEW EMERGENCY MEDICAL SERVICS RATE
STRUCTURE FOR THE CITY OF LA PORTE; CONTAINING A SEVERABILITY
'CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE HEREOF.
_._ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The following rate structure is hereby established
for the provision of emergency medical services by the City of La
Porte Emergency Medical Service.
1. Transpor tation: .
2. Emergency handling:
(extrication and Code 2
emergency traffic)
3. Life flight/alternate transport:
$150.00 + $2.50 per
loaded mile
25.00
4. Infection corttr6l: .
(if mask and/or aprons are needed
for cleanup after infectious patient)
150.00 + cost of
supplies
15.00
5. Spinal immobilization:
25,00
6. ECG monitor:
15.00
7. Medicine:
10,00 per prescription
8. Oxygen set up:
9. Sp~in~ing package:
15.00
10.00
10. Mast pants:
(military anti shock trouser
application)
11. Thumper:
12. CPR
10.00
15.00
10.00
13. Blood draw:
10.00
14, LV, set up
20.00 per site
15. Bandage (includes hot packs,
cold packs, etc.)
20.00
16. E.T. package:
(endotracheal intubation)
15,00
li. EOA or EGTA package:
(esophageal gastric tube airway)
50.00
18, O.B, kit:
25,00
19, Intraosseous package:
20 Bag Valve Mask:
40,00
25.00
21 Suction Package:
15,00
Section 2.
The rates established hereunder shall be effective
the 1st day of January, 1992.
EXHIBIT B
.
.
ORDINANCE NO.
PAGE 2
Section 3. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of the City Council to have passed each
section, sentences, phrase, or clause, or part thereof, irrespective
of the fact that any other section, sentence, phrase, or clause, or
part thereof, may be declared invalid.
Section 4.
The City Council officially finds, determines,
recites and declare~ that a ~ufficient 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 9all of the
City for the time required by law precedinq this meetinq, as
required by the Open Meetinqs Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that tbis 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 S. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered,
~ASSED AND APPROVED, this 9th day of December, 1991,
CIT~ OF LA PORTE 1
B~ ~?;d~,.?Z;4d .
~Iarman L. Maldne, Mayor
AT:EST: /J _
~ .~ ~,_t~ (I>>
Cherie Black
City Secretary
AP~ED' ~d!5
t:2::~-?). '~
Knox W. Askins
City Attorney
."-'
.
e
COpy
Southern
Ionics
Incorporated
"'-: "-
.-: :;J1~Jq_i~~
November 7, 1997
Mr. Robert T, Herrera, City Manager
P.O. Box 1115
La Porte, TX 77572-1115
RE: Agreement for Emergency Medical Service
Dear Mr. Herrera:
Please find enclosed Ordinance 97-2197, the agreement between the Association of
Bayport Companies (ABC) and the City of La Porte for Emergency Medical Service,
The Agreement has been signed by Paul Grissom, President, ABC. When you have
signed it, please forWard a fully executed copy to me for ABC records,
We are.currently collecting the $10.00 per on-site employee from each of our member
companies. The payment for the 1997-1998 period should be delivered early next year,
Yours truly,
Ax1~..&~
Greg Heausler
Site Manager
Enclosures
copy: Paul Grissom, Akzo Nobel
file
word/greglmedagree/jg
12901 Bay Park Road · Pasadena:' TX 77507' · (281) 474-4826 . Fax (281) 474-4973
.
e
City of La Porte
Established 1892
September 15. 1997
Mr. Greg Hcausler
c/o Association of Bayport Companies
PO Box 691
La Porte. Texas 775 72-0(,l) 1
RE: Agreement lor Emergency Medicnl Service
De::ar Mr. Hcnuslcr:
Enclosed is the Ordinnnce 97-2197 authorizing an agreement betwccn Associntion of Ba~port Companies (ABC)
and the City of L::a Porte. This ordinance was npproved by City Council on September R, 1997. Once ABC h::as
had an opportunity to review and approvc the contract. please return an exccuted copy. We will" then sign the
Agreement and forward a fully executed copy to ABC.
As mentioned previously. there is an increase in the cost per employee since we have gonc nine (9) ye:lrs without
:Inyadjustmcnts, The <Igrccment provides for a p:lyment of $1 0.00 per on-site cmployee. This incrc:lsc brings
ABC in line with budget increases experienced by the City :Ind with other outside contracts (or Emcrgency
Medical Scrvicc.
Thc teml of thc ngrecment is for nthrce-ycar period from October I. 1997. to September 30. 2000. All other
features of the previous ngreel11ent essclllially remain the same. The only modi lications are:
I. Deleted Section III. paragrnph 4-d of previous contrnct.
2, Added phrasc reg:lrding EMS trnnsport policy to Section V
1 recognize that :Iccept:lnce by ABC cannot occur until your next Association Meeting. I also recognize thm it
will take another (,() dnys or so to collcct pnyments lor deliver:' to thc City. We understand the need lor flexibility
during this timc period nnd will of course continuc to provide unintcrnlpted ser\'ice.
Sincerely.
G~~ T \+~~
Robert T. Hcrrcra
City Managcr
RTH/dlv
Enclosures
C: John Joerns. Assistant City Managcr
Jeff Litehfield. Director of Finance / ACM
Joe Sease. Fire Chief
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020