Ordinance No. 1,858P
ORDINANCE NO.1858
AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF BAYTOWN,
TEXAS,AUTHORIZING AND DIRECTING THE CITY MANAGER AND
THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND
ATTEST TOA MODIFICATION AGREEMENT BETWEEN BAYTOWN
AMBULANCE COMPANY,INC.ANDTHE CITY OF BAYTOWN WITH
REGARD TO A CONTRACT ENTERED INTO ON FEBRUARY 28,1973,
AND PROVIDINGFOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS:
Section 1:That the City Council of the City of Baytown,
Texas,hereby approves the Modification Agreement between
Baytown Ambulance Company,Inc.andthe City of Baytown with
regard to a contract entered into on February 28,1973.A
copy of said Modification Agreement is attached hereto,
marked Exhibit "A,"and made a part hereof 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 August,1975.
TOM GENTRY,'Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
NEEL RICHARDSON,City Attorney*
EXHIBIT "A"
THE STATE OF TEXAS j
$MODIFICATION AGREEMENT
COUNTY OF HARRIS j
THIS AGREEMENT dated the 8th day of April 1974,by and between
the CITY OF BAYTOWN,TEXAS,a MunidpaTCorporation 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 CityofBaytown,a copy of said agreement is attached hereto,
marked as Exhibit "A",and made a part hereof for all intents and purposes;
and
WHEREAS,the City Council,by action taken on March 14,1974,recorded
1n Volume 15 Page 5596 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 the City of Baytown in
compliance with the terms and conditions,covenants and agreements hereinafter
setforth;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 lesseramount if Contractor accrues certain other revenue,as
hereinafter provided.The Cityof Baytown will provide space for housing am
bulances and personnel or Contractor may furnish his own.
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r v.
CHARGES PERMITTED CONTRACTOR
Contractor shallbe permitted to charge not more than
the following to wit:
(1)Ambulance Service;
(a)$35.00 base fee for transporting one person to a
hospital.
(b).75 per mile charge for transportation of one
person from the point of pickup to delivery
to a hospital.
(c)5.00 for administration of oxygen to one person.
(f)5.00/15 minutes
charge,if any,for waiting in excess of
fifteen minutes,
(h)35.00 maximum charge for transporting one person
to a hospital from location within the limits
/P**v of theCity of Baytown.
(j)Method of dividing costs among patients if more than
one is carried simultaneously to a hospital:
(1)First Patient $35.00 '
(2)Second Patient 17.50
(2)Invalid Coach Service:
(a)$35.00 base fee for transporting one person to a
hospital.
(b)-75 per mile charge for transportation of one
person from the point of pickup to delivery
to a hospital.
(c)5.00 for administration of oxygen to one person,
(e)5.00/15 minutes
charge,if any,for waiting in excess of
fifteen minutes.
(g)35.00 maximum charge for transporting one person
to a hospital from locationwithin the limits
of theCity of Baytown.
(i)Method of dividing costs among patients if more than one
is carried simultaneously to a hospital-
^(1)First Patient $35.00
(2)Second Patient 17.50
II.
All provisions of the original agreement not inconsistent
with this Modification Agreement are continued in full force and
effect.
III.
The provisions of this Modification Agreement shall
become effective September 1.1975.
/$
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EXECUTED IN DUPLICATE ORIGINALS by the City of Baytown,
acting hereinby 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 ,1975.
CITYOF BAYTOWN
FRITZ LANHAM,City Manager
ATTEST:
EDNA OLIVER,City Clerk
BAYTOWN AMBULANCE COMPANY,INC.
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..'•€
By
JESSE D.NAVARRE,President
ATTEST:
CLARE JO NAVARRE,Secretary
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if
EXHIBIT "A"
THE STATE OF TEXAS j
COUNTYOF HARRIS |■~%
This CONTRACT AND AGREEMENT made and entered into onthis the 28th
day of February,1973,modifying and combining an original Contract dated the
1st day of Hay,T968,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
of Hay,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
WEREAS,theCity Council by action taken on January 11,1973,recorded
in Volume 14,Page5358 of the Minute Records of the City of Baytown;at the
request of Contractor and upon the motion ofCouncilman Allen Cannon authorized
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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,
WCOW AIL 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 1n compli
ance with the terms and conditions,covenantsand agreements hereinafter set forth;
provided,however,that the City hereby agrees andpromises to pay Contractor Three
Thousand Three Hundred andNo/100 ($3,300.00)Dollars per month for such services,
or a lesseramount if Contractor accrues certain other revenue,as hereinafter
provided.The City of Baytown will provide space for housingambulances and perse-
or Contractor may furnish his own.
I.
.'EMERGENCY AM3ULANCE SERVICE REQUIREMENTS
Contractor covenants and agrees to furnish ambulance service in compliance
with thefollowing 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 pointstobe selectedby
Contractor,subject to written approval of the Chief of Police.
It is the intention of the parties thatsame shall beso located
that an ambulance can reach any area within the City limits of the
Ctty of Bay town within a reasonable period from the time of dis-
•patch,and it is within the contemplation of the partiesthatfif
teen (15)minutes is deemed to be a reasonable period of time.
c.The Ctty of Baytown will furnish telephone connections between the
Police Station and the office of Contractor at Cityexpense.
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 rrorgue,mortuary or funeral homeof the body of
any person officially declared dead,when authorized by proper au
thority.
II.
STANDARDS REQUIRED FOR AMBULANCES .•.
AND ACCESSORYEQUIPMENT
Contractor covenants and agreesto furnish at his own expense ambulances
and accessory equipment which comply with the following standards:
a.A total of not 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 (I)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.All asrijulsnces snust be inspected and approved by the 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 condition and not 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 Statutesof the
State of Texas,and amendments thereto,and in compliancewith the
Rules and Regulations of the StateBoard of Health.Each such am
bulance shall be .Tanned by two persons,attendant and driver,^"ns
driver shall have a valid chauffeur's license issued by the Depart
ment of Public Safety of the State of Texas,and either the driver
or attendant shall have a certificate issued by the StateBoard 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 ofBaytown.
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e.Each ambulance shall be equipped with a siren and red light in good
working condition.
f.1.Each ambulance shalT be equippedwith a two-way radio which trans
mits and receives on frequencies designated for use by the City of
Baytown.
2.Radios will be operated on City of 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 coincidewith the
irith the contract for ambulance service.
4.Radios must be maintained to meet current F.C.C.specifications.
The maintenance costs will be borne by theContractor.
5.Radios must have an annual frequency check by the City Radio Tech-
nician -during the month of February.
6.Radios must be at leastsixty (60)watt General Electric or Motorola.
-•--7.Contract will comply with all F.C.C.regulations.
g.An oxygen tank and mask in working condition shall bekept at all times
in each ambulance.Oxygen pressure shall be maintained atnot less than
._.....1000 pounds per square 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 takeinto consideration the current list of minimalequipmentforambulancesadoptedbytheAmericanCollegeofSurgsonsor
its duly authorized Committee on Trauma.
t..Each ambulance shall provide for the usual transport of one patient lying
down and shall also be equipped with an additional cot,which nay beof
a folding type,for transportation of a second patient,when needed.Each
cot or bedfurnished shall be provided with a suitable locking mechanism
which will prevent it from rolling free while the ambulance isin motion.
III.
INSPECTION AND APPROVAL OFAMBULANCES
—::AND ACCESSORYEQUIPMENT BY CITY --
ATI ambulance andaccessory equipment shall be subject to inspection by the
Chief of Police and the Director of PublicHealth of the City of Baytown,or their
duly appointed representatives,and if at any time same are not in compliance with
the provisions hereof,or if any ambulance is in needof mechanical repairs in order
to insure its satisfactory condition,then the Chief of 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 anyhospital to which he wishes to be transported.In the event
the patient is incapacitated,the highest ranking police officer on thescene
shall designate a hospital and,in the event there is no officer on the scene,
the anijulance driver shall do so.
■•V.
CHARGES PERMITTED CONTRACTOR
Contractor shall be permitted to charge not more than the following,to-wit:
(1)Ambulance Service:
(a)
(b)
(c)
(d)
(e)
(f)
(s)
(h)
$20.00
er>---"
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-2^50/15 nrin.
7.50
■20.00
ill
base fee for transporting one person to a
hospital.
per mile charge for transportation of one
person from the point ofpickup to delivery
to a hospital.
for administration of oxygen to one person.
.charge,if any,for operating red lights and
at emergency speeds.
charge,if any,for special services,such as
■handling contagious cases,mentally disturbed,
etc.
charge,if any,for waiting in excess of fifteen
minutes.
charge,if any,for unfounded requests for
service.
maximum charge for transporting one person to
a hospital from location within the limitsof
the City of Baytown.
~0-discount,if any for prompt payment.
Method of dividing cost among patients if more than one is carried
simultaneously to a hospital:
ai First Patient $20.00
Second Patient 10.00
(2)Invalid Coach Service:
TjO520.00 base for transporting one person to a hospital.
(o)sSO'per mile charge for transportation of one person
from the point of pickup to delivery to a hos
pital.
(c).2.50 for administration of oxygento one person.
W .~°-charge,if any,for special services,such as
handling contagious cases,mentally disturbed,
etc.
(e)2t50/15 min.charge,if any,for waiting in excess of fifteen
minutes.
"0 7.50 charge,if any for unfounded requests for serv ■
9>20.00 maximum charge for transporting one person to
a hospital from location within the limits of tru
City of Baytown.|~0~discount,if any,for prompt payment..}Methodof dividing cost among patients if more than one is carried
simultaneously to a hospital:
(1)First Patient $20.00
(2)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 agreesthat the books of the corporation will be kept on an
accrual basis in accordance with Accepted Accounting Practices and shall be
subject to an 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
nay 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 andnature of the call.The Baytown PoliceDepartment 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 accordancewith the requirements
of the State law 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 and keep infull force and effect public liability insurance 1n 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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INDEPENDENT CONTRACTOR '^
It Is expressly agreed and understood by all parties hereto that Baytown
Ambulance Company,Inc.1s an Independent contractor 1n 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 partnership or joining venture or (2)render
any party hereto the employer or nsaster 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 fordamages or injuries to personsor property of whatsoever kind
or character,whether real or asserted,arising out of or incident to the operation
Of an emergency ambulance 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 herebyassume all liability and 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 Councils-further reserves the right to cancel this 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-annualreview 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 theCouncil
without an opportunity for hearing by the Contractor.Cancellation for cause may
be ordered by the City Council at 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 tobe provided by
Contractor under this contract;andany 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 by it shall inure to the benefit of the
City,and shallbe deducted from the monthly payment from theCity specified atove.
Contractor also anticipates,in addition to operating an emergency ambulance
service,the selling of 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 deductedfrom the monthly payment from the City specified
above.
XIV.
-TERM
This contract shall become effective the 28th day of February ,
1973,and shall bein force and effect for a period of Thirty-Eight (33)
months,terminating on the 30th day of April,1976,unless otherwise cancelled
as provided above.This contract may be renewed at the option of Contractor for
an additional twenty-four (24)month period,provided that such a renewal is mutual!;
agreeable to both parties hereto.This contract is entered into subject to the
Charter and Ordinances of the City of Baytown and applicable State laws.
•.EXECUTED IN DUPLICATE ORIGINALS bythe City of Baytown and Baytown Ambulance
Company,Inc.,actingby and through its duly constituted president,Jesse D.
Navarre,this the ?8th day of February ,1973.
city or bahow|)
riti Lcijhai!:,City Haneger
ATTEST:
Byt
Edna Oliver,City Clerk
APPROVED:
By:^,,7 IuLJL
Heel Richardson,City Attorney
BAYTOWN AMBULANCE COMPANY,INC.
By;A^^^^y K_J
.uesse D.Navarre,President
ATTEST:-
Secretary
[SEAL]
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