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Ordinance No. 2,315N ORDINANCE NO. 2315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE3 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 REGARD TO 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: 7923 Section 1: That the City Council of the City of Baytown, Texas, hereby approves and authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest the Modification Agreement between Baytown Ambulance Company, Inc. and the 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 22nd day of September , 1977. -4how-Aw 10101ft /Aze� TOM GENTRY, Mayor -ATTEST: ,- EILEEN P. HALL, City Clerk APPROVED: 4;' �16 4 / j -a NEEL RI HA DSON, City Attorney--. U .i �i i _ .. -. ��.T. °. ! � �.1. 1. f• I!'• .. _ � .. ..._ 1 w E X H I B I T "A" 7924 THE STATE OF TEXAS 0 0 MODIFICATION AGREEMENT COUNTY OF HARRIS 0 7925 THIS AGREEMENT dated the day of , 1977, 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 agree- meat dated the 28th day of February, 1973, whereby Contractor agreed to furnish emergency ambulance services in the City of Baytown; and subsequently, entered into modification agreements modifying such original agreement on April 8, 1974, September 9, 1975, October 9, 1975, and October 1, 1976; the original agreement, together with such modifi- cation agreements now constitute the full contractual modification 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 and purposes; and WHEREAS, the City Council, by action taken on September 22, 1977, recorded in Volume Page of the Minutes Records of the City of Baytown, at the request of Contractor and upon motion of Councilman 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: 7926 XIV. TERM This contract shall become effective the 1st day of October , 1977 , and shall be in force and effect for a period of forty -three months, terminating on the 30th day of April, 1981, unless otherwise canceled 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 inconsistent with this Modification Agreement are continued in full force and effect. III. The provisions of this Modification Agreement shall become effective October 1, 1977. EXECUTED IN DUPLICATE ORIGINALS by the City of Baytown, acting herein by and 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 , 1977. ATTEST: EILEEN P. HALL, City Clerk ATTEST: CLARE JO NAVARRE, Secretary CITY OF BAYTOWN By FRITZ LANHAM, City Manager BAYTOWN AMBULANCE COMPANY, INC. By JESSE D. NAVARRE, President -2- r 7927 E X H I B I T "A" - 0 40 7928 THE STATE OF TEXAS 0 0 COUNTY OF HARRIS 0 MODIFICATION AGREEMENT THIS AGREEMENT dated the 1st day of October 19763, 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 modification agreements modifying such original agreement on April 8, 1974, September 9, 1978 and October 9, 1975; the original agreement, together with such modification agreements now constitute the full contractual modification 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 and purposes; and WHEREAS, the City Council, by action taken on September 23, 1976, recorded in Volume 18 Page 6242 of the Minutes Records of the City of Baytown, at the request of Contractor and upon motion of Councilman Klnesel 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: id 7929 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, convenants and agreements hereinafter set forth; provided, however, that the City hereby agrees and promises to pay Contractor Four Thousand Five Hundred and No /100 ($4,500.00) 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. 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 October 1, 1976. EXECUTED IN DUPLICATE ORIGINALS by the City of Baytown, acting herein by and through its City Manager, Fritz Lanha, and Baytown Ambulance Company, Inc., acting by and through its duly constituted President, Jesse D. Navarre, this the 1 t day of October , 1976. ATTEST: BILEEN P. HALL,, City Clerk ATTEST: CLARE JO NAVARRE, Secretary CITY OF BAYTOW 4 F Z HAM, City Aianager BAYTO1 N AMBULANCE COMPANY, INC. By ,��� 1, •� { �'�•• /JESSE D. AVARRE, President -2- (Ifol) I rl EXHIBIT "All 7930 THE STATE OF TEXAS 0 COUNTY OF HARRIS 0 W MODIFICATION AGREEMENT 7931 - 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 emergency ambulance 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 and made a -part hereof for all intents and purposes; and WHEREAS, the City Council, by action taken on October 9, 1975, recorded in Volume 16 page 5927 of the Minutes Records 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: THAT the parties hereto do hereby modify the original agreement in the following respects: XIV. TERM This contract shall become effective the 1st day of November, 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 anladditional twenty -four (24) month period, provided that 1 7932 N 214C 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 laws. xI. All provisions of the original agreement not incon- sistent-with this Modification Agreement are continued in full force and effect. xxx. The provisions of this Modification Agreement shall become effective EXECUTED IN DUPLICATE ORIGINALS by the City of Y Baytown, acting herein by and through its City Manager, Fritz Lanham, and Baytown Ambulance Company, Inc-,* acting by and through its duly constituted President, Jesse•D. Navarre, this the 31st day of October , 1975. t . CITY OF BAYTOWN B , C ty Manager ATTEST: EI• EN P. HALL, City Clerk ATTEST: CLARE -'JO 75- AVARRE, Secretary' BAYTOWN AMBULANCE COAiPANY, INC. BV /JESSE D. NAVARRE, President -2- ? 7933 • � EXHIBIT "A`� :. - � •- li f: s1 . s.rrrr r_ .•1 —_— TIIE S'1IUL OF 'TEXAS 1,i0DIVICATION AGREEMB*N'T COUINTY OF IIAR'" . 79.34 TIIIS AGIMMIt-ILUMT dated the .9th, day of September*_ 19 �5, by and between the CITY OF BAWW' , TEXAS, a }:iunicipal -- Corporation of Harris County, Texas, and I3AYTU%VN {1MBULA11CP COMPANY, INC. of. Baytown, Harris County,. Texas, hereinafter - called "CONTRACTOR ".: (TRACTOR".: the parties hereto. entered' into an agreement dated the 28th day of February, 1973, Nlrhereby 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,S, 1974; the original agreement, together 'mrith this-,modification agreement, 11017 constitute the full contractual agreement a copy of said agreement and said between the parties, • ; 'F are attached hereto, marked as I. modif ication agreement, {� )Exhibit +'A," and made a part hereof for all intents and purposes; and . f WHEREAS, the City Council, by 'action taken on I; August 29, 1975, recorded in Volume 1r 5 Page 5583 of t i the 1:Iinutes Records of the City of Baytown, at the request of Contractor and upon motion of Councilman Charles Pool 1 authorized the amendment of the said. t� ti original agreement as herein specified; _ TOtiti' 'TIiERTI'ORE, KNOW ALL MEN BY THESE PRESENTS T. TIIAT the parties hereto do hereby modify the original agreement in the folloiring respects: 11: #-,a . 79n ' V. CHARGES P -11M 'r'tLV CONTRACi'O11 Contractor shall be permitted to charge not more than - the •Yollowing to wit: - (].} Ambulance Service: . (a) $35. UQ base fee for transporting one person to a -- hospital. charge f per mile or. transpol�tati.on of-one person . from the point of p�.ckup to de].iverg to a hospital. ., (c) 5.00 for administration of oxygen to one person_ (f} 5.00/15 minutes. charge, if any, for �i'aiting a.n excess of fifteen minutes. (h) 35.00 maximum charge for transpoion rting one person to a hospital from locat 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 '1.7.50 (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 piclsul3 to delivery • to a hospital. (c) 5.00 for administration of oxygen to one person.. (e) 5.00/15 minutes if any, for waiting in excess of charge, fifteen minutes . 5.00 maximum charge for transporting one person (g} 3 r to a hospital from location vrithin the limits of. the City of Bayto'%en (i) Method of dividing costs among patients if more than on is carried simultaneously to a hospital: (1) First Patient $35.00 (2) Second Patient 17.50 All provisions of the original agreement not inconsistc f with this Modification Agreement are continued in full force and effect. The provisions of this modification AC). meat shall become effective September 1, 1975. I t E is I� • ; 7936 - EXECUTED T'LD IN UU1'%ICA►TE ORIGINALS by the City or Daytovm, tin herci.n by and through its authorized City Manager, l�rit - ac � Lanhtun, and B:tyto% %.,n Ambulance Company, Inc. , a.ctiug by and throw" " constituted President. Jesse D. Navarre, this flit; gth i.ts chtl� ► - day September 1975. _ _ CITY OF 13AYTOTIL er L L RATA, Gity Man ATTEST: - - EDEA OLI lerk ATTEST: •: , � if /< f 't CLARE i i = i I .. i ii i 1 t i I 1 � LIA r� net Secretary BAYTOWN AMBULANCE COMPANY, INC. JESSE' D. BAVAItRTs, President 7937 - EXHIBIT ."At'' - i F` i III t- r I� MME STATE OF TE }:AS NiODIFICATI0i1 AGREEt ttT C0:l►1TY OF HARRIS 7938 day of ti�r•i� 197., b�• and betty -aa � THIS AGREEtLt��: dated tt'�e,�yh -- . _ P "-CITY OF BAYWITH, TEXAS, a I uni c i pal 'Corporation of Harris County, Texas, - th. and BkYT0at1 F3•`:3LLIu�CE CG ?kav INC., of Baytvar., Harris County, Texas, 1i&rein,' after called `'CONTRACT ORO' MHER'AS, the •parties hereto entered into an agreement dated the 2-8th day of February, 1973, whereby Can tractor agree4 to furnish emergency awbul ance services-in the City of Baytot•;n, 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 acti on taken on March 14, -1974, rect�Me of the 1•1inute Recoras�o; -the City of in Vol ume 15 Pace 5590 . Baytwn, at the request oir Contractor ' anal upon motion bf Councilman Allen Cana authorized the-anan8ment of the said original agree�.ent as herein specified; tl0:1 THEREFORE, Y,1-01 ALL MEN BY THESE PRESENTS: THAT the parties hereto do her t Jodi fy the or i ct7 nal aq, e,.�t„nt in tl foll-viting respects: That Contractor agrees as an rode endent contractor, at its a;•;n cost and expense, to furnish emergency ar�5ulance service in the City of Bayto:•;n it compl i ance tai th the terms and cop-Z9 ti arIs , covenants and anre2nents herei naftE set forth; provided, he:;ever, that the City hereby agrees and promises to pa, Contrac`& Four Tho,.:sand and 110/100 ($4,000.00) Dollars per month for such L services, or a lesser ariourt if Contractor accrues certain other revenue, as hereinafter provided_ The City of Baytc:•rn wi 11 provide space for housing z: bulances and personnel or Contractor may furnish his van. I I 2 7939 V. CHARGES PER141TTED CONTRACTOR - - a not more than the folla:•iinc� to -irit: Contractor shall be permitted to churn.. (l) Ambulance Service: base fee for transporting one person to a hospital. : h�25.00• maxinu►m charge for transporting one person.- . to a hospital frog location within 'the.jiIa J. - of the City of Bayta. Method of dividing costs among patients if snare than one is carr (�� simultaneously to a hospital: (1) First Patient, ?5.00 - (2) Second Patient 12 - (2) ' Invalid Coach Servi ce : - a base flee for transporti na one person to a . hospital.. } 25.00 •. maximum charge'for• transporting one person i (9 a hospital from location within the limits c the City of BayMIn. f+ethod of dividing costs among patients if more than one is car (�) simultaneously to a hospital'. - - • (1) First Patient $25.00 (2) Second Patient 12.50 . • All rovisions of the original agreement not inconsisten4 with this t•:c p fication Agreement are continued in full force and effect. • ' . tiodification Agreem °n The provisions of this t shall become effective April 1, 1974. EXECUTED IN DUPLICATE ORIGINALS by the City of Bayto:trr, acting herein by and through its authorized City Manager, Fritz Lanham, ard.Baytoa:m Ain5ulaw Inc., acting by and through -its duly cons•�ituted president, Jesse D. Co►npany, . April - ,' 1974. • i;avarre, this the 8th day of P CITY OF BAYTCMPl City Manager ATTr .5T : ' I BAYTO N AMBULANCE CO' AidY, INC. City err C1 j J. R. EOi1 OLTVEf;, By JESSE 0. HAVARP.E , P res i den t ATTEST : CLARC JD Fj-KV +PRE, Secr`taCY ...2- - 7940 _- -- E XH I B I T.'����� , I . i 7941 THE STATE OF TEXAS COUNTY OF HARRIS j 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 223, 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 May, 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, 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 with the terms and conditions, covenants and agreements hereinafter set forth; provided, however, that the City hereby 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 personne or Contractor may furnish his own. 7942 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 by Contractor, subject to written approval of the Chief of Police. It is the intention of the parties that same shall be so located that an ambulance can reach any area within the City limits of the City of Baytown 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 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 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 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 (T) vehicle between the hours 11:00 p.m. and 7:00 a.m. Each vehicle must have a patient capacity of not less than two (2) patients. b. All --k -lances 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 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. 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. Each such 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 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. -2- 7943 e. Each ambulance shall be equipped with 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 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 coincide with the with the contract for ambulance service. 4. Radios must be maintained to meet current F.C.G. 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 or Motorola. 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 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 intn nnncideretion the current list of minimal equipment for ambulances adopted by the American College of Surgeons or its duly authorized Committee on Trauma. i. Each ambulance shall provide for the usual transport of one patient lying down and shall also be equipped with an additional cot, which may be of a folding type, for transportation of a second patient, when needed. Each cot or bed 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 and the Director of Public Health 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 need of 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. -3- 7944 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. V. CHARGES PERMITTED CONTRACTOR Contractor shall be permitted to charge not more than the following, to -wit: (1) Ambulance Service: a 20.00 base fee for transporting one person to a The collection of such fees shall be the sole responsibility of Contractor. -4- hospital . (b) .50 per mile charge for transportation of one person from the point of pickup to delivery to a hospital. (c) 2.50 for administration of oxygen to one person. (d) -0- charge, if any, for operating red lights and at emergency speeds. (e) -0- charge, if any, for special services, such as handling contagious cases, mentally disturbed, etc. (f) 2.50/15 min. charge, if any, for waiting in excess of fifteen minutes. (g) 7.50 charge, if any, for unfounded 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. (�) Method of dividing cost among patients if more than one is carried simultaneously to a hospital: 1 First Patient $20.00 2 Second Patient 10.00 M (2) Invalid Coach Service: a 20.00 base for transporting one person to a hospital. (b) .50 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 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. jfj 7.50 charge, if any for unfounded.requests for servic g 20.00 maximum charge for transporting one person to a hospital from location within the limits of th, City of Baytown. (h) -0- discount, if any, for prompt payment. (i) Method of 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. -4- 7945 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 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 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 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 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 No /100 ($50,000.00) Dollars for each person and, One Hundred Thousand and No /100 ($100,000.00) Dollars for each accident. -5- 1W Id X. 7946 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 partnership or joining venture or (2) render any party hereto the employer or ma-S ter of any other pity and/ ors its employees, par V 1 I+V VIII. 11 V1 VI IMJ V�.I other V/ 14 1 111 J 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 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 hereby assume 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 Council 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 - annual review by the -6- AWN 7947 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 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 by it shall inure to the benefit of 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 earned for the sale of such insurance shall also inure to the benefit of the City, and such premiums shall be deducted from the monthly payment from the City specified above. XIV. TERM This contract shall become effective the 28th day of February , 1973, and shall be in force and effect for a period of Thirty -Eight (38) 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 mutuall) 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 by the 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. CITY OP B YTO;: By i ? �� La =�:an�, .iiy iiaiiagCr -7- t' ATTEST -TUn—a Oliver, City Clerk APPROVEu: By: N—eel-RNhardsono City Attorney ATTEST: LJ E A Ljj m l . ' 7948 BAYTOWN AMBULANCE COMPANY, INC. Jesse D. Navarre, President Secretary