Ordinance No. 1,570ORDINANCE NO.1570
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF
THE CITY OF BAYTOWN TO EXECUTE ANDATTEST TOA MODIFICATION
AGREEMENT BETWEEN BAYTOWN AMBULANCE COMPANY,INC.AND THE CITYOF
BAYTOWN,WITHREGARD TO A CONTRACT ENTERED INTO ON FEBRUARY 28,
1973,AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITYOF BAYTOWN,TEXAS:
Section 1:That the City Council of the City of Baytown,Texas,hereby
approves the Modification Agreement betweenBaytown Ambulance Company,Inc.
and the City of Baytown,with regard to a contract entered into on February
28,1973.A copy ofsaid Modification Agreement is attached hereto,marked
Exhibit "A",and made a parthereof for all intents and purposes.
Section 2:This ordinance shall take effect from and after its passage
by the City Council of the City of Baytown,Texas.
INTRODUCED,READ and PASSED by the affirmative vote of the City Council
this 28th day of March ,1974.
ATTEST:
£EDNA OLIVER,City Clerk
APPROVED:
TOM GENTRY,Mayor
NEEL TUCHAR0SON?City Attorney
EXHIBIT "A"
if;;;>:
THE STATE OF TEXAS j
2 •MODIFICATION AGREEMENT
COUNTY OF HARRIS {
THIS AGREEMENT dated the day of March,1974,by and between
the CITY OF BAYTOWN,TEXAS,a Municipal Corporation of Harris County,Texas,
and BAYTOWN AMBULANCE COMPANY,INC.,of Baytown,Harris County,Texas,herein
after called "CONTRACTOR":
WHEREAS,the parties hereto entered into an agreement dated the 28th
day of February,1973,whereby Contractor agreed to furnish emergency ambulance
services in the City of Baytown,a copy ofsaid agreement is attached hereto,
marked as Exhibit "A",and made a part hereoffor all intents and purposes;
and
WHEREAS,the City Council,by action taken on March 14,1974,recorded
1n Volume Page of the Minute Records of the City of
Baytown,at the request of Contractor and upon motion of Councilman Allen Cannon,
authorized the amendment of the said original agreement as herein specified;
NOW THEREFORE,KNOW ALL MEN BY THESE PRESENTS:
I.
THAT the parties hereto do hereby modify the original agreement in the
following respects:
That Contractor agrees as an independent contractor,at its own costs
and expense,to furnish emergency ambulance service in theCity of Baytown in
compliance with the termsand conditions,covenants and agreements hereinafter
set forth;provided,however,that the City hereby agrees and promises to pay
Contractor Four Thousand and No/100 ($4,000.00)Dollars per month for such
services,or a lesser amount if Contractor accruescertain other revenue,as
hereinafter provided.The Cityof Baytown will provide space for housing am
bulances and personnel or Contractor may furnish his own.
r v.
CHARGES PERMITTED CONTRACTOR
Contractor shall be permitted to charge not more than the following to-wit:
(1)Ambulance Service:
Ta)$25.00 base fee for transporting one person to a
hospital,
(h)25.00 maximum charge for transporting one person
to a hospital from location within the limits
of the City of Baytown.
(j)Method of dividing costs among patients if more than one is carried
simultaneously to a hospital:
•(1)First Patient $25.00
(2)Second Patient 12.50
(2)Invalid Coach Service:
Ta)$25.00 base fee for transporting one person to a
0^hospital.
(g)25.00 maximum charge for transporting one person to
a hospital from location within the limits of
the City ofBaytown.
(i)Method of dividing costs among patients if more than one is carried
simultaneously to a hospital:
1)First Patient $25.00
2)Second Patient 12.50
All provisions of the original agreement not inconsistent with this Modi
fication Agreement are continued in full force and effect.
III.
The provisions of this Modification Agreement shall become effective
April 1,1974.
EXECUTED IN DUPLICATE ORIGINALS by the City of Baytown,acting herein
by and through its authorized City Manager,Fritz Lanham,and Baytown Ambulance
Company,Inc.,acting by and through its duly constituted president,Jesse D.
Navarre,this the day of ,1974.
CITY OF BAYTOWN
FRITZ LANHAM,City Manaqer
ATTEST:
BAYTOWN AMBULANCE COMPANY,INC.
EDNA OLIVER,City Clerk
By.
JESSE D.NAVARRE,President
ATTEST:
CLARE JO NAVARRE,Secretary
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EXHIBIT "A"
THE STATE OF TEXAS J
COUNTY OFHARRIS \
This CONTRACT AND AGREEMENT made and entered into on this the 28th
day of February,1973,modifying and combining an original Contract dated the
1st day of May,1968,and modifications thereto dated October 24,1969,February
22,1971,and July 14,1972,by and between the CITY OF BAYTOWN,TEXAS,a Muni
cipal Corporation of Harris,County,Texas,hereinafter called "CITY",and
BAYTOWN AMBULANCE COMPANY,INC.of Baytown,Harris County,Texas,hereinafter
called "CONTRACTOR".
WITNESSETH:
WHEREAS,the parties hereto entered into an agreement dated the 1st day
ofMay,1968,whereby Contractor agreed to furnish emergency ambulance services
in the City of Baytown;and subsequently entered into modification agreements
modifying such original agreement on October 24,1969,February 22,1971,and
July 14,1972;and
WHEREAS,the City Council by action taken on January 11,1973,recorded
in Volume 14,Page 5358 of the Minute Records of the City of Baytown,atthe
request of Contractor and upon the motion of Councilman Allen Cannon authorized
the amendment of the existing agreement as modified in order to extend said
agreement to the 30th day of April,1976,with a twenty-four month option there
after,upon the same terms and conditions as the existing Contract;NOW THEREFORE,
KNOW ALL MEN BY THESE PRESENTS:
That Contractor agrees as an independent contractor,at its own cost and
expense,to furnish emergency ambuance service in the City of Baytown in compli
ance with the terms and conditions»covenants and agreements hereinafter set forth;
provided,however,that the Cityhereby agrees and promises to pay Contractor Three
Thousand Three Hundred and No/100 ($3,300.00)Dollars per month for such services,
or a lesser amount if Contractor accrues certain other revenue,as hereinafter
provided.The City of Baytown will provide space for housing ambulances and personnel
or Contractor may furnish his own.
I.
EMERGENCY AMBULANCE SERVICE REQUIREMENTS
Contractor covenants and agrees to furnish ambulance service in compliance
with the following requirements:
a.Contractor shall have and maintain ambulances and crews available
twenty-four hours daily for emergency dispatch.
b.Equipment and crews shall be located at points to be selected byContractor,subject to written approval ofthe Chief of Police."
It is the intention of the parties that same shall beso located
that an ambulance can reach anyarea within the City limits of the
City of Baytown within a reasonable period from the time of dis
patch,and it is within the contemplationof the parties that fif
teen (15)minutes is deemed to be a reasonable period of time.
c.The City of Baytown will furnish telephone connections between the
PoliceStation and the office of Contractor at City expense.
d.It is the intention of the parties hereto that the Contractor is
authorized to furnish emergency ambulance and invalid coach service
only.Contractor shall only provide hearse service for the trans
portation to any morgue,mortuary or funeral home of the body of
any person officially declared dead,when authorized by proper au
thority.
II.
STANDARDS REQUIRED FOR AMBULANCES
AND ACCESSORYEQUIPMENT
Contractor covenants and agrees to furnish at his own expense ambulances
and accessory equipment which comply with the following standards:
a.A total ofnot less than two (2)vehicles shall be furnished by the
Contractor between the hours of approximately 7:00 a.m.and 11:00 p.m.
and one (1)vehiclebetween the hours11:00 p.m.and 7:00 a.m.Each
vehicle must have a patient capacity of not less than two (2)patients.
b.ATI ambulances must be inspected and approved bythe Chief of Police
of the City of Baytown and must be of a type and design suitable for
transporting injured persons.Said vehicles shall beat all times in
a state of good mechanical repair and shall be equipped with tires in
good conditionandnot showing unusual wear.
c.All such ambulances must be distinctly marked in a manner approved
by the City,showing the name of the Contractor providing service.
d.All such ambulances must be licensed as emergency vehicles in com
pliance with Article 4590-b of the Revised Civil Statutes of the
State of Texas,and amendments thereto,and in compliance with the
Rules and Regulations of the State Boardof Health.Each such am
bulance shall be manned by two persons,attendant and driver.The
driver shall have a valid chauffeur's license issuedby the Depart
ment of PublicSafety of the State of Texas,and either the driver
or attendant shall have a certificate issued by the State Board of
Health in compliance with Section 3,Article 4590-b,Revised Civil
Statutes of Texas.In addition thereto,either the driver or attendant
must have completed an orientation course conducted by the Health
Department of the City of Baytown.
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e.Each ambulance shall be equippedwith a siren and red light in good
working condition.
f.1.Each ambulance shall be equipped with a two-way radio which trans
mits and receives on frequencies designated for use by the Cityof
Baytown.
2.Radios will be operated on Cityof Baytown local government frequency
-154.980 megacycles.
3.The radios will be purchased by the Contractor and will be leased
to the City of Baytown for a period of time to coincide with the
with the contract for ambulance service.
4.Radios must be maintained to meet current F.C.C.specifications.
The maintenance costs will be borne by the Contractor.
5.Radios must have an annual frequency check by the City Radio Tech
nician -during the month of February.
6.Radios must be at least sixty (60)watt General Electric orMotorola.
7.Contract will comply with all F.C.C.regulations.
g.An oxygen tank and mask in working condition shall be kept at all times
in each ambulance.Oxygen pressure shall be maintained at not lessthan
1000 pounds persquare inch absolute (psia).
h.The Health Director of the City of Baytown shall determine the standards
for ambulance equipment.In determining the adequacy of equipment,the
Health Director shall take into consideration the current listof minimal
equipment for ambulances adopted by the American College of Surgeons or
its duly authorized Committee on Trauma.
i.Each ambulance shall provide forthe usual transport of onepatient lying
down and shall also be equipped with an additional cot,whichmay be of
a folding type,for transportation of a second patient,when needed.Each
cot orbed furnished shall be provided with a suitable locking mechanism
which will prevent it from rolling free while the ambulance is in motion.
III.
INSPECTION AND APPROVAL OF AMBULANCES
AND ACCESSORY EQUIPMENT BY CITY
All ambulance and accessory equipment shall be subject to inspection by the
Chief of Police andthe Director of Public Health of the City of Baytown,or their
duly appointed representatives,and if atany 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 the Chiefof Police shall inform Con
tractor of such defects and such ambulance shall not be used until all defects are
remedied to the satisfactory of the Chief of Police.
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IV.
DETERMINING SELECTION OF HOSPITAL
It is expressly understood that any patient being picked up shall have the
right to designate any hospital to which he wishes tobe transported.In the event
the patient is incapacitated,the highest ranking police officer on the scene
shall designate a hospital and,in the event there is no officer on the scene,
the ambulance driver shall do so.
V.
CHARGES PERMITTED CONTRACTOR
Contractor shall be permitted to charge not more than the following,to-wit:
base fee for transporting one person to a
hospi tal.
per mile charge for transportation of one
person from the point of pickup to delivery
to a hospital.
for administration of oxygen to one person,
charge,if any,for operating red lights and
at emergency speeds.
charge,ifany,for special services,such as
handling contagious cases,mentally disturbed,
etc.
charge,if any,for waiting in excessof fifteen
minutes.
charge,if any,for unfounded requests for
service.
maximum charge for transporting oneperson to
a hospital from location within the limits of
the City of Baytown.
discount,if any for prompt payment.
Method of dividing cost among patients if more than one is carried
r simultaneously to a hospital:
First Patient $20.00
Second Patient 10.00
(2)Invalid Coach Service:
Taj$20.00 base for transporting one personto a hospital.
(b).50 per mile charge for transportationofone person
from the point of pickup to delivery to a hos
pi tal.(c)2.50 for administration of oxygen to one person.(d)-0-charge,if any,for special services,such as
handling contagious cases,mentally disturbed,
etc.(e)2.50/15 min.charge,if any,for waiting in excess of fifteen
minutes.
7.50 charge,if any for unfounded requests for service,
20.00 maximum charge for transporting one person to
a hospital from location within the limitsof the
City of Baytown.(h)-0-discount,if any,for prompt payment.\i)Method of dividing cost among patients if more thanone is carried
simultaneously to a hospital:
(1)Ambulance Service:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
iii
$20.00
.50
2.50
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2.50/15 min.
7.50
20.00
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Method of div
a;First Patient $20.00
Second Patient 10.00
The collection of such fees shall be the sole responsibility of Contractor.
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VI.
AUDIT OF CONTRACTOR'S BOOKS
Contractor agrees that the books of the corporation will be kept on an
accrual basis in accordance with Accepted Accounting Practices and shall be
subject toan audit by representatives of the City of Baytown every six (6)months
at a time to be designated by the City of Baytown.The audit herein provided
for shall be deemed to include all supporting documents which the City of Baytown
may desire to inspect.
VII.
DISPATCHING
Contractor shall have his own telephone number and accept emergency or
transfer calls.However,Contractor agrees to call the Police Department to
clear each call when dispatching ambulances.Contractor will give the desti
nation and nature of the call.The Baytown Police Department will accept emergency
calls and relay such calls immediately to Contractor.
Only emergency or transfer calls which originate or terminate in Baytown will
be accepted outside the trade area of Baytown.
VIII.
COMPLIANCE WITH LAW AND ORDINANCES
Contractor agrees to operate the ambulance in accordance with the requirements
of the Statelaw and applicable ordinances of the City of Baytown.
IX.
LIABILITY INSURANCE
During the term of this contract or any extension thereof,Contractor agrees
to purchase andkeep in full force and effect publicliability insurance in the
amount of Ten Thousand and No/100 ($10,000.00)Dollars for property damage;Fifty
Thousand and No/100 ($50,000.00)Dollars for each person and,One Hundred Thousand
and No/100 ($100,000.00)Dollars for each accident.
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X.
INDEPENDENT CONTRACTOR
It is expressly agreed and understood by all parties hereto that Baytown
Ambulance Company.Inc.is an independent contractor in its relationship to the
City of Baytown.Nothing herein contained at any time or in any manner shall be
construed to (1)effect an agreement of partnershipor joiningventure or (2)render
any party hereto the employer or master of any other party and/or its employees,
agents or representatives.
XI.
INDEMNIFICATION AND ASSUMPTION OF LIABILITY
Baytown Ambulance Company,Inc.and Jesse D.Navarre,individually,as its
president,covenant and agree to indemnify,and do hereby indemnify,hold harmless
and defend,the City of Baytown,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 an emergencyambulance service and all other operations arising under or other
wise incident to the provisions of this contract;and Baytown Ambulance Company,
Inc.and Jesse D.Navarre,individually hereby assume all liabilityand responsi
bility for injuries,claims or suits for damages to persons or property,of what
ever kind or character,whether real or asserted,occuring during the term of this
agreement,arising out of or by reason of the operation of emergency ambulance
service and all other operations arising under or otherwise incident to the pro
visions of this contract.
XII.
REVOCATION OF CONTRACT
The City Council reserves the right to cancel this contract in the event
the services performed by Contractor hereunder are unsatisfactory in the judgment
of the City Council,and further for the violation of any provision hereof.The
City Council further reserves the right to cancelthis contract at any time that
Jesse D.Navarre loses control of said corporation or is no longer the major stock
holder thereof.This contract shall be subject to a semi-annual review by the
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City Manager who may,where he deems it necessary,recommend modification tothe
City Council.Modifications or cancellation shall not be ordered by the Council
without an opportunity for hearing by the Contractor.Cancellationfor cause may
be ordered by the City Councilat any time during the life of the contract.
XIII.
SERVICE TO INDUSTRIES
The City of Baytown reserves the right to negotiate contracts with any and
all industries in the Greater Baytown Area for basic services to be provided by
Contractor under this contract;and any money received by virtue of such contracts
shall be retained by the City of Baytown.Contractor shall charge the usual fees
for calls to such industries.Contractor may,with approval of the City,negotiate
contracts directly with specificed industries.Contractor agrees that revenue re
ceived from contracts negotiated directly byit shall inure to the benefit of the
City,and shall be deducted from the monthlypayment from the City specified above.
Contractor also anticipates,in addition to operating an emergency ambulance
service,the sellingof life insurance.Contractor agrees that the premiums earned
for the sale of such insurance shall also inure to the benefit of the City,and
such premiums shall be deducted from the monthlypayment from the City specified
above.
XIV.
TERM
This contract shall become effective the28th day of February ,
1973,and shall be in force and effect for a period of Thirtv-Eioht (38)
months,terminating on the 30th day of April,1976,unless otherwise cancelled
as provided above.This contractmay be renewed atthe optionof Contractor for
an additional twenty-four (24)month period,provided thatsuch a renewal is mutually
agreeable to both parties hereto.This contract is entered into subject tothe
Charter and Ordinances of the Cityof Baytown and applicable State laws.
EXECUTED IN DUPLICATE ORIGINALS bythe City of Baytown and Baytown Ambulance
Company,Inc.,acting by and through its duly constituted president,Jesse D.
Navarre,this the 28th day of February ,1973.
Ldtjitam,City Memaye i
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ATTEST:
By:.
Edna Oliver,City Clerk
APPROVED:
Neel Richardson,City Attorney
ATTEST:
BAYTOWN AMBULANCE COMPANY,INC.
By:J
D.Navarre,President
By:LLc
[SEA L]
Secretary
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