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Home My WebLink AboutO-2000-2435 . . ORDINANCE NO. 'Jt(){){).,. "1-3~ 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 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 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. PASSED AND APPROVED, THIS '1, ~S-"' 0 lJ 4 CITYOFLA~ By:, '1~-- orman L. Malone ATIEST:~~-Ja.~' Martha Gillett City Secret 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, 2000, 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, e e normal wear accepted. Contractor shall further keep in full force and 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 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 conformi ty wi th 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 m~tual 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 wi thin the contemplation of the parties that ten (10) minutes is deemed to be a reasonable period of time. III. STANDARDS REQUIRED 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 e e Care ambulances shall Contractor twenty-four Service Area. be (24) furnished by the hours a day, to the 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 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 sui table for transporting inj ured 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) Contractor will comply wi th regulations. The assigned radio shared with other City services. shall keep all radio messages clear, and shall avoid transmissions. all F.C.C. frequency is Contractor brief and unnecessary (7) The Emergency Medical Services Chief of the City of La Porte shall determine the standards for 3 e e 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 subj ect 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 patient 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 4 e e 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 incor- porated 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 regular rate, divided patients transported; pay equal amount. 1/2) times the by the number of each patient to 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, 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 5 e e 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 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 6 e e 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 otherwi~e 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 d~ring 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: 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 the Battleground and Bayport Industrial Districts, and any other 7 e e 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, 2000, of Fifteen Dollars ($15.00) 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 ~ployees 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 computa- tion of the annual fee, which shall occur on or before October 1, the anniversary date 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 8 e e Daylight Time, on the 1st day of October, 2000, and shall remain in full force and effect until the 30th day of September, 2001, 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, 2000. ASSOCIATION OF BAYPORT COMPANIES, INC. By: pre}f~ ATTEST: ~ :Y:4:~/ 'CITY OF LA PORTE By: G<~ T, \-\~ Robert T. Herrera City Manager ATTEST: By:~t1.M!L a tha A. Gi lett City Secretary 9 . "-:1-0 0.. . 1_'" ~ 11::.-.-:..:.".:.... I~:.:....J .-' \" '. I~ '- . , . f" . . . . ,:: . "'"'. . . r."Tr .: , ..: ~.:.':' ' .. ~--..... .... ", 0- .. ~'Io EXHIRIT it . \i ./ e . e e The City of La Porte Emergency. Medical Service Rate increase Effective October 1, 1998 I' .. Procedures/Dru s Base Rate Stand-b Rate/Hour , Milea e Life Fli htl Other trans ort Treatment, No Trans ort Infection Con'trol S inallmmobilization E.C.G. o en Setu M.A.S.T. C.P.R. Blood Draw IV Setu I Saline Lock Banda . in Per Site ET / EOA EGTA OB Kit Intraosseous Cannulation Ba Valve Mask Suctionin S lintin Per Site External Pacemaker Nublizer Price $350.00 $40.00 $6.50 Per Loaded Mile $ 350.00 Plus Su lies $ 175.00 Plus Su lies $ 50.00 $ 40.00 $ 50.00 $ 35.00 $ 40.00, $ 50.00 $ 20.00 ,$ 35.00 $ 20.00 $ 50.00 $ 30.00 $ 25.00 $ 75.00 $ 50.00 $ 25.00 $ 20.00 $ 75.00 $ 35.00 EXHIBIT A e e e " '" LavaQe Kit $ 150.00 Chest Decompression $ 50.00 Glucometer . $ 15.00 E.C.G. Pads, $ 15.00 Defibrillation' $ 75.00 Pulse Oximeter $ 20.00 Auto Ventlation $ 25.0.0. Surgical Airway $ 120.00 Retograde Intubation $ 125.00 Narcan $15.00 Thiamine $15.00 Dextrose 500/0 $15.00 Benadryl $ 15.00 Atropine $ 15.00 Sodium Bicarbonate $ 15.00 Epinephrine 1: 1000 $ 15.00 Epinephrine 1:10,000 $ 15.00 Dopamine $ 30.00 Lasix $ 15.00 Nitroglycerin $ 15~OO Activated Charcoal $ 15.00 ., Morphine $ 15.00 Lidocaine 100 mg. $'15.00 Lidocaine Drip $'15.00 Instant Glucose $ 15.00 Tetracaine $ 15.00 Adenosine $,15.QO Albuterol $..'15:00 Mannitol $, '50:00 Ipecac $.15':00 . . ~ '.. . e e e IV Fluids $ 20.00 Solu-Medrol $ 15.00 Maanesium Sulfate $ 15.00 Bretylium $ 15.00 Atrovent . $ 15.00 VasQ.te.c \. $ 50.00 Glucagon $:,SO.OO. Ramazicon $t50.00 Succinylcholine ~ 50.00 Versed $ 50.00 t;