Ordinance No. 1,885ORDINANCE NO.1885
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OFBAYTOWN,
TEXAS,AUTHORIZING AND DIRECTING THE CITY MANAGER AND
THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND
ATTEST TO A MODIFICATION AGREEMENT BETWEEN BAYTOWN
AMBULANCE COMPANY,INC.AND THE CITY OF BAYTOWN WITH
REGARDTO A CONTRACT ENTERED INTO ON FEBRUARY 28,1973,
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN,TEXAS:
Section 1:That the City Council of the City of Baytown,
Texas,hereby approves and authorizes and directs the City
(P*1 Manager and City Clerk of the City of Baytown to execute and
attest 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 forall 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 9thday of October,1975.
TOM GENTRY,Mayor
ATTEST:
EILEEN P.HALL,City Clerk
APPROVED:
NEEL RICHMtDSON,City Attorney
f
THE STATE OFTEXAS 0i MODIFICATION AGREEMENT
COUNTY OF HARRIS jj
THIS AGREEMENT dated the 9th day of October
1975,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,hereinafter
called "CONTRACTOR":
WHEREAS,the parties hereto entered into an agreement
dated the 28th day of February,1973,whereby Contractor
agreed to furnish emergencyambulance services in the City
of Baytown;and subsequently,entered into modification
agreements modifying such original agreement on April 8,
1974 and September 9,1975;the original agreement,together with
such modification agreements now constitute the full contractual
agreement between the parties,a copy of said agreement and said
modification agreements are attached hereto,marked as Exhibit
"A,"and made a part hereof for all intents andpurposes;and
WHEREAS,the City Council,by action taken on
October 9,1975,recorded in Volume 16 Page 5927 of the
MinutesRecords of the City of Baytown,at the request of
Contractor and upon motion of Councilman Lander
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:
XIV.
TERM
This contract shall become effective
the 1st day ofNovember,1975,and shall
be in force and effect for a period ofForty-
two months,terminating on the 30th
day of April,1979,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 mutually 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.
II.
All provisions of the original agreement not incon
sistent with this Modification Agreement are continued in full
force and effect.
III.
The provisions of this Modification Agreement shall
becomeeffective
EXECUTED IN DUPLICATE ORIGINALS by the City of
Baytown,acting herein byand through its 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.
CITY OF BAYTOWN
ATTEST:
ATTEST:
FRITZ LANHAM,City Manager
EILEEN P.HALL,City Clerk
BAYTOWN AMBULANCE COMPANY,INC.
By
JESSE D.NAVARRE,President
CLARE JO NAVARRE,Secretary
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EXHIBIT "A"
THE STATE OF TEXAS 0
0 MODIFICATION AGREEMENT
COUNTY OF HARRIS jj
THIS AGREEMENT dated the9th day of September
1975,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,hereinafter
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;and subsequently,entered into a modification
agreement modifying such original agreement on April^8,
1974;the original agreement,together with this modification
agreement,now constitute the full contractual agreement
between the parties,a copy of said agreement and said
modification agreement,are 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
August 29,1975,recorded in Volume 16 Page 5883 of
the Minutes Records of the City of Baytown,at the request
of Contractor and upon motion of Councilman Charles Pool
authorized the amendment of the said
original agreement as herein specified;
NOW THEREFORE,KNOW ALL MEN BY THESE PRESENTS:
I.
THAT the parties hereto dohereby modify the
originalagreement in the following respects:
0
V.
CHARGES PERMITTED CONTRACTOR
Contractor shall be 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 hospitalfrom 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 $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 location within the limits
of the City 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.
33
EXECUTED IN DUPLICATE ORIGINALS by the City of Baytown,
actingherein by and through its authorized City Manager,Fritz
Lanham,and Baytown Ambulance Company,Inc.,acting by and through
itsduly constituted President,Jesse D.Navarre,this the.9th
day of September ,1975.
ATTEST:
EDNA OLIVER,City Clerk
ATTEST:
7 k&
CITY OF BAYTOWN
FRITZ LANHAM/City Manager
BAYTOWN AMBULANCE COMPANY,INC.
s—\X 1}
JESSE D.NAVARRE,President
\',CLARE JO NAVARRE,/Secretary
*■
EXHIBIT "A"
THESTATE OF TEXAS Jj MODIFICATION AGREEMENT
COUNTY OF HARRIS j
THIS AGREEMENT dated the at.h day of April 1974>by and between
the CITY OF BAYTOWN,TEXAS,a Kunicipal'Corporation ofHarris County,Texas,
and BAYTOWN AMBULANCE COMPANY,INC.,of Bay town,Harris County,Texas,herein
after called "CONTRACTOR":
WHEREAS,the parties hereto entered into an agreement datedthe 28th
day of February,1973,whereby Contractor aqreed 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 hereof for all intents and purposes;
and
WHEREAS,the City Council,by action taken on March 14,1974,recorded
in Volume 15 Page 5596 of the Minute Records of the City of
Baytown,at the request ofContractor 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 ir.the
following respects:
That Contractor agrees as an independent contractor,at its own costs
and expense,to furnish emergency ambulance service in the Cityof Baytown in
compliance with the terms and conditions,covenants and agreements hereinafter
set forth;provided,however,that the City hereby agreesand promises topay
Contractor Four Thousand and Mo/100 ($4,000.00)Dollars per month for such
services,or a lesseramount if Contractor accrues certain other revenue,as
hereinafter provided.The City of Baytov/n will provide spacefor housing am
bulances and personnel or Contractor may furnish his own.
\
V.
CHARGES PERMITTED CONTRACTOR
Contractor shallbe permitted to charge not more than the following to-wit:
(1)Ambulance Service:
f"j $25.00
(h)
(j)
base fee for transporting one person to a
hospital.
25.00 maximum charge for transporting one person
to a hospital from location within the limits
of the City of Baytown.
Method of dividing costs amongpatients if more than one is carried
simultaneously to a hospital:
(1)First Patient.
(2)Second Patient
$25.00
12.50
(2)Invalid Coach Service:
J]$25.00
(g)
(i)
base fee for transporting one person to a
hospital.
-25.00 maximum charge for transporting one person to
a hospital from location within the limits of
the City of Baytown.
Method of dividing costs among patients if more than one is carried
simultaneously to a hospital:
(1)First Patient
(2)Second Patient
$25.00
12.50
II.
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 becomeeffective
April 1,1974.
EXECUTED IN DUPLICATE ORIGINALS by the City of Baytown,actingherein
byandthrough its authorized City Manager,Fritz Lanham,and Baytown Ambulance
Company,Inc.,acting by and through its duly constituted president,Jesse D.
Navarre,this the 8th day of April ,1974.
CITY OF BAYTOW
ATTEST:
EDNA OLIVER,City Clerk
ATTEST:
FRITZ LANHAM,City Manager0
BAYTOWN AMBULANCE COMPANY,INC.
-
I ./I/I ■.';I (;',By ,.
-JESSE D.NAVARRE",President
CLARE JO NAVARRE,Secretary
-2-
EXHIBIT "A"
THE STATE OF TEXAS \..
COUNTY OF HARRIS \
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'Kuni-
cipal Corporation of Harris County,Texas,hereinafter called "CITY",'and
BAYTOWN AMBULANCE COMPANY,INC.of Baytown,Karris County,Texas,hereinafter
called "CONTRACTOR".
WITNESSETH:
WHEREAS,the parties hereto entered into an agreement dated the 1st day
of May,1968,whereby Contractor agreed to furnish emergency ambulance services
in the City of Bay town;and subsequently entered into modification agreements
modifying suchoriginal agreement on October 24,1969,February 22,1971,and
July 14,1972;and.
WHEREAS,the City Councilby action taken on January 11,1973,recorded
inVolume 14,Page 5358 of the Minute Records of the City of Baytown;at the
'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 withthe terms and conditions,covenants and agreements hereinafter set fort!
provided,however,that the Cityhereby agrees and promises to pay Contractor Thn
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 Cityof Baytown will provide space for housing ambulances and persi
or Contractor may furnish his cwn.
I..
*•
.•EMERGENCY AMBULANCE SERVICE REOUIREHEHTS
Contractor covenants andagrees to furnish ambulance service in compliance
with the following requirements:
a.Contractor shall have and maintain ambulances and crews available
twenty-four hoursdaily for emergency dispatch.
b.Equipment and crews shall be located at points to'be selected by -
Contractor,subject to written approval ofthe Chief of Police.
It is the intention of the parties thatsame shall be so located
that an ambulance can reach any area within the City limits of the
Cityof Bay town within a reasonable period from the time of dis-
•patch,and it is within the contemplation of 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
Police Station and the office of Contractor at City expense.
d.It is the intention of the parties hereto that the Contractor is
authorized to furnish emergencyambulance 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 ACCESSORY EQUIPMENT
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 ofapproximately 7:00 a.m.and 11:00 p.m.
and one (1)vehicle between the hours11:00 p.m.and 7:00 a.m.Each
vehicle must have a patient capacity ofnot less than two (2)patients.
••b.All ambulances must be inspected and approved by the Chief of Police
of the City of Baytown and must be of a type and design suitable for
transportinginjured persons.Said vehicles shall be at all tiir.as in
a state ofgood 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 Statutes of the
State of Texas,and amendments thereto,and in compliance with the
Rules and Regulations of the State Board of Health.Eachsuch am
bulance shall be manned by two persons,attendant and driver.The
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 State Board of
Health in compliance with Section 3,Article 4590-b,Revised Civil
Statutes ofTexas.In addition thereto,either the driver or attendarv
trust have completed an orientation course conducted by the Health
Department of'the City of Baytown.
-2-
e.Each ambulance shall be equipped with a siren andred 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 bythe City of
Bay town.
2.Radios will be operated on City of Baytown local government frequency
-154.980 megacycles.
3.The radios will be purchased bythe Contractor and will be leased
to the City ofBaytownfor a periodof time to coincide with the
with the contract forambulance 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 bythe City Radio Tech
nician -during the month of February.
6.Radios must be at least sixty (60)watt General Electric or Motorola
7.'Contract will comply with all F.C.C.regulations.-
g.An oxygen tank and mask in v/orking condition shall be keptat all times
ineach ambulance.Oxygen pressure shall be maintained at not 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 take into consideration the current listof minima
equipment for ambulances adopted by the American College of Surgeons or
its duly authorized Committee on Trauma.
1..Each ambulance shall provide for the usual transport of one patient lyin
down and shall also be equipped with an additional cot,which may beof
a folding type,for transportation of a second patient,when needed.Ea
cot orbed furnished shall be provided with a suitable locking mechanise
which will prevent it from rolling free while the ambulance is in motion
III.
INSPECTION AND APPROVAL OF AMBULANCES
_..-mhi)MiitaauKT tgum-itm bT uiv ---
AIT ambulanceand accessory equipment shall be subject to inspection by the
Chief of Police andthe Director ofPublic Health of the City of Baytown,or thair
duly appointed representatives,and if at any time sameare not in compliance witt
the provisions hereof,or if any ambulance is in need of mechanical repairs in on
to insure its satisfactory condition,then the Chief ofPolice shall inform Con
tractor of such defects and such ambulance shall not be used until all defects an
remedied to the satisfactory of the Chief of Police.
-3-
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 to be 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..-
CHARGES PERMITTED CONTRACTOR
Contractor shall be permitted to charge not more thanthe following,to-wit:
(1)Ambulance Service:."
JOi)$20.00 base fee for transporting one person to a
...hospi tal.
(b).50"permile charge for transportation of one
person from the point of pickup to delivery
to a hospital.
(c)2-.-5G -foradministration of oxygen to one person.
(d)-0-*charge,ifany,for operating red lights and
at emergency speeds.
(e)-0-charge,ifany,for special services,such as
handling contagious cases,mentally disturbed,
etc.
(f)-2v50/15 min.charge,if any,for waiting in excessof fifteei
minutes.
(g).7.50 charge,if any,forunfounded requests for
service,
(h)•20.00 maximum charge for transporting one person to
a hospital from location within the limits of
the City of Baytown.
(i)-0-discount,if any for prompt payment.
u)Method of dividing cost among patients if more than one is carrie
simultaneously to a hospital:
m fi
(2)Se
First Patient $20.00
Second Patient 10.00
(2)Invalid Coach Service:
Ja)$20.00 base for transporting one person to a hospital.
(b)•■.50 .per mile charge fortransportationof one psrso
from the point of pickup to delivery to a hcs-
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)2v50/15 min.charge,if any,for waiting in excess of fiftee
minutes.
7.50 charge,if any for unfounded requests for serv?
20.00 'maximum charge for transporting one person to
a hospital from location within the limits of t
City of Baytown.
(h)-0-discount,if any,for prompt payment.
(i)Method of dividing cost among patients if more than one is carrie
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.
■IS
VI.
AUDIT OF CONTRACTOR'S BOOKS
Contractor agreesthat the books of the corporation will be kept on an
accrualbasis 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 Baytcwn
may desire to inspect.
VII.
DISPATCHING
Contractor shall have his own telephone number and accept emergency or
transfer calls.However,Contractor agrees tocall 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 emergenc;
calls and relay such calls immediately to Contractor.
Only emergency or transfer calls which originate or terminate in Baytown wii
be accepted outside the trade area of Baytown.
VIII.
COMPLIANCE WITH LAW AND ORDINANCES
Contractor agrees to operate the ambulance in accordance with the requiremsr
of the State lawand applicable ordinances of the City of Baytown.
IX.
LIABILITY INSURANCE
During the term of this contract or any extension thereof,Contractor agree:
to purchase andkeep in full force and effect public liability insurance in the
amount of Ten Thousand and No/100 ($10,000.00)Dollars for property damage;Fifty
Thousand and Ho/100 ($50,000.00)Dollars for each person and,One Hundred Thousan
and No/100 ($100,000.00)Dollars for each accident.
-5-
X.
INDEPENDENT CONTRACTOR
It is expressly agreed and understood by all parties hereto that Baytown
Airibular.ee 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 partnership or joining venture or (2)rende
any party hereto the employer or master of any other party and/cr its employees,
agents or representatives.
XI.
INDEHNIFICATION 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 Baytov/n,its agents,servantsor employees,from and agains
_any and all claimsfor damages or injuries to persons or property of whatsoever kir
or character,whether real or asserted,arising out ofor incident to the operatior
of an emergency ambulance service and all other operations arising under orother
wise incident to the provisions of this contract;and Baytown Ambulance Company,
.Inc.and Jesse D.Navarre,individually hereby assume all liability and responsi-
bttity for injuries,claims or suits for damages topersons or property,of what
ever kindor character;whether real or asserted,occuring during theterm of this
agreement,arising out ofor by reasonof the operation of emergency ambulance
service and all other operations arising underorotherwiseincident 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 tocancel this contract at any time that
Jesse D.Navarre loses control of said corporation or isno longer the major stoc!
holder thereof.This contract shall be subject to a semi-annual review by the
-6-
04
City Manager who may,where he deems it necessary,recommend modification to the
City Council.'Modifications or cancellation shall not be ordered by the Council
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 thecontract.
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;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,negotiat
contracts directly with specificed industries.Contractor agrees that revenue re
ceived from contracts negotiated directly byit shall inure to the benefitof the
City,and shall be deducted from the monthly payment from the City specified above
Contractor also anticipates,in addition to operating an emergency ambulance
service,the selling of life insurance.Contractor agrees that the premiums earne
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 28thday of February
1973,and shall be in force and effect for a period of Thirty-Eight (38^
months,terminating on the 30th day ofApril,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 mutu
agreeable to both parties hereto.This contract is entered into subject tothe
Charter and Ordinances of the City of Baytown and applicable State laws.
EXECUTED IN DUPLICATE ORIGINALS bythe City of Baytown and Baytown Airbulanc
Company,Inc.,acting by and through its duly constituted president,Jesse D.
Navarre,this the 28th day of February ,1973.
CITY 0^B
By ..
Fnii LcijMiii'.city H
ATTEST:
By:.
Edna Oliver,City Clerk
APPROVED:
ichardson,CiNeeTRic/iardson,City Attorney
•BAYTOWN AMBULANCE COMPANY,INC.
„^'^/)It •,,
,0esse D.Navarre,President
By:lJ-C«'-
Secretary
[SEAL]
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