Ordinance No. 2,743® ORDINANCE NO. 2743
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AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
AND 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 SEPTEMBER 29,
1978, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section 1: That the City Council of the City of Baytown
hereby approves, 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 September 29, 1978. 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.
INTRODUCED, READ, and PASSED by the affirmative vote of
the City Council this 27th day of September, 1979.
ATTEST:.
EILEEN P. HALL, City Clerk
APPROVED:
S BOUNDS, City Attorney
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THE STATE OF TEXAS
COUNTY OF HARRIS
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MODIFICATION AGREEMENT
THIS AGREEMENT dated the
day of
1979, 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 29th day of September, 1978, whereby Contractor
agreed to furnish emergency ambulance services in the City
® of Baytown, a.copy of which 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
September 27, 1979, recorded in Volume Page
of the Minutes Records of the City of Baytown, at the request
of Contractor and upon motion of Council
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 cost and expense, to furnish
emergency ambulance service in the City of Baytown
in compliance with the terms and conditions,
covenants and agreements hereinafter set forth;
provided, however, that the City hereby agrees and
promises to pay Contractor Seven Thousand Five
Hundred and No /100 ($7,500.00) 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.
STANDARDS REQUIRED FOR AMBULANCES
AND ACCESSORY EQUIPMENT
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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 (1) vehicle
between the hours 11:00 p.m. and 7:00
a.m. In addition to the above required
vehicles which are to be used primarily
for emergency calls, the Contractor will
also furnish an ambulance to be used for
making transfer calls and as a backup
emergency vehicle when necessary. Each
vehicle must have a patient capacity of
not less than two (2) patients.
V.
CHARGES PERMITTED CONTRACTOR
Contractor shall be permitted to change not
more than the following, to wit:
(1) Ambulance Service
(g) $21.00 charge, if any, for
unfounded requests for
service
(2) Invalid Coach Service
(f) $21.00 charge, if any, for
unfounded requests for
service
XIV.
TERM
This contract shall become effective the 1st
day of October, 1979, and shall be in force and
effect for a period of 55 months terminating on
the 30th day of April, 1984, 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, 1979.
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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 1979•
CITY OF BAYTOWN
By
FRITZ LANHAM, City Manager
ATTEST:
EILEEN P. HALL, City Clerk
BAYTOWN AMBULANCE COMPANY, INC.
By
JESSE D. NAVARRE, President
ATTEST:
CLARE JO NAVARRE, Secretary
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90927
THE STATE OF TEXAS �
® COUNTY OF HARRIS 0
This CONTRACT AND AGREEMENT made and entered into on
this the 28th day of September, 1978, modifying and combining
an original Contract dated the 28th day of February, 1973,
and modifications thereto dated April 8, 1974, September 9,
1975, October 9,'197 . 5, October 1, 1976, and September. 22,
1977, by and between the CITY OF BAYTOWN, TEXAS, a Municipal
Corporation of Harris County, Texas, hereinafter called
"CITY ", and BAYTOWN AMBULANCE COMPANY, INC. of Baytown,
Harris County, Texas, hereinafter called "CONTRACTOR ".
W I T N E S S E T H:
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, 1975, October 9, 1975, October 1,.1976,
and September 22, 1977; and
WHEREAS, the City Council by action taken on September
28, 1978, recorded in Volume 21 , Pag(: 80923 -10 of the
Minute Records of the City of Baytown, at the request of
Contractor and upon the motion of Councilman Lander
authorized the amendment of the existing agree-
ment as modified in order to revise and extend the terms of
said agreement; NOW.THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That Contractor agrees as an independent contractor, at
its 'own cost and expense, to furnish emergency ambulance
service in the City of Baytown in compliance with the terms
and conditions, covenants and agreements hereinafter set
forth; provided, however, that the City hereby agrees and
® promises to pay Contractor Five Thousand and No /100 ($5,000.00)
90927- T4 9
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 by Contractor, subject to written
s approval of the Chief of Police. It is the inten
tion 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 dispatch, and it is within
the contemplation of the parties that fifteen (15)
minutes is deemed to be a reasonable period of.
time.
c. The City of Baytown will furnish telephone con -
nections 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. Con -
tractor shall only provide hearse service for the
transportation to any morgue, mortuary or funeral
home of the body of any person officially declared
dead, when authorized.by proper authority.
® 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 (1)
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 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 trans-
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porting-injured persons. Said.vehicles shall be
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at all t1.rr,es 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 compliance 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 ambulance shall be manned by two persons,
attendant and driver. The driver shall have a
valid chauffeur's license issued by the Department
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 Depart -
ment of the City of Baytown.
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 transmits 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 Con -
tractor and will be leased to the City of
Baytown for a period of time to.. coincide with.
the contract for ambulance serce.
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 Technician - during the month
of February.
6. Radios must be at least sixty (60) watt
General Electric or Aiotorola.
7. Contract will comply with all F.C.0 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 into consideration the
® current list of minimal equipment for ambulances
adopted,by the American College of Surgeons or its
duly authorized Committee on Trauma.
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i. Each ambulance shall provide for the usual trans-
port 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 ieith 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 com-
pliance with the provisions hereof, or if any ambulance is
in need of mechanical repairs in order to insure its satis-
factory condition, then the Chief of Police shall inform
Contractor of such defects and such ambulance shall not be
used until all defects are remedied to the satisfaction of the .
Chief of Police.
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 d "river -shall do so.
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CHARGES PERMITTED CONTRACTOR
Contractor shall be permitted.to charge not more than
the following, to wit:
(1) Ambulance Service:
(a) $42.p0 base The 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
of Contractor.
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:
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(c)
7.50
for administration of oxygen to
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(d)
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one person
charge, if any, for operating red
lights and at emergency speeds
(e)
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charge, if any, for special services,
such as handling contagious cases,
mentally disturbed, etc.
(f)
5.00/15
rein charge, if. any, for in
excess of fifteen minutes
(g)
7.50
charge, if any, for unfounded.
requests for service
(h)
42.00
maximum charge for transporting
one person to a hospital from
location within the limits of the
City of Baytown
(i)
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discount, if any for prompt payment
(j)
Method of dividing cost among patients if more
than
one is carried simu7._tanebusly to a hospital:
(1)
First Patient $42.00
(2)
Second Patient $21.00
®
(2) Invalid Coach
Service:
(a)
$42.00
base 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)
7,50
for administration of oxygen to one
person
(d)
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charge, if any, for special services,
such as handling contagious cases,
mentally disturbed, etc.
(e)
5.00/15 min charge, if any, for taaiting in excess
of fifteen minutes
(f)
7.50
charge, if any, for unfounded requests
for service maximum charge for.
transporting one person to a hospital
from location Nvithin the limits of
the .City of Baytown
(g)
42.00
maximum charge for transporting one
person to a hospital from location -
within the limits of the City of
®
Baytown .
(h)
_p_
discount, if any, for prompt payment
W
Method
of dividing cost among patients if more than
one is
carried simultaneously to a hospital:
(1)
First Patient $42.00
(2)
Second Patient $21.00
The collection of
such fees shall be the sole responsibility
of Contractor.
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:
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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 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
emergency ambulance service and all other operations arising
under or otherwise incident to the provisions of this contract;
and Baytown Ambulance Company, Inc. and Jesse D. Navarre,
individually hereby assume all liability and responsibility
for injuries, claims or suits for damages to persons or
property, of whatever kind or character, whether real or
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asserted, occuring during the term of this agreement, arising
Iout of or by reason of the operation of emergency ambulance
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� service and all other operations arising under or otherwise -
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incident to the provisions of this contract.
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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 t. he violation of any provision
hereof. The City Council further reserves the right to
cancel this contract at any time that Jesse D. Navarre loses
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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 City lmlanager who may, where he deems it
recommend modification to the City Council
necessary,
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. Con-
tractor shall charge the .usual fees for calls to such
industries. Contractor may, with approval of the City,
negotiate contracts directly with specified industries.
1.
Contractor agrees that revenue received 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 1st day of
October 1978, and shall be.in force and effect for a
period of 'Fifty-five (55) months, terminating on the 30th
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day'of April, 1983, unless other%vise cancelled as provided
above. This contract may be rener•:ed at the option of Con-
tractor for an additiona.J. 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 la.,as.
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
29-th day of September 1978.
CITY OF BAYTOW
J IN
By
EILEEN P. HALL, City Clerk
APPROVED
SCOTT BOUNDS, City Attorney
BAYTOWN AMBULANCE COMPAIY , INC.
JESSE D. NAVARRE, President
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"ATTEST:
i Secretary