Ordinance No. 3,52821.209 -2
ORDINANCE NO. 3528
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK OF THE CITY OF BAYTOWN TO
EXECUTE AND ATTEST TO A CONTRACT BETWEEN BAYTOWN
AMBULANCE COMPANY, INC. AND THE CITY OF BAYTOWN
PROVIDING FOR EMERGENCY AMBULANCE SERVICE 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
hereby approves, authorizes, and directs the City Manager and
City Clerk of the City of Baytown to execute and attest the
Contract between Baytown Ambulance Company, Inc., and the City of
Baytown which provides for emergency ambulance service in
Baytown. A copy of said Contract 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 of the City of Baytown on this the 9th day of
December, 1982.
MET .HUT O, Mayor
ATTEST:
r
EILEEN P. HALL, C'ty Clerk
APPROVED:
FC _--
1
RANDALL B. STRONG, City torney
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EXHIBIT "A"
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THE STATE OF TEXAS §
COUNTY OF HARRIS
This CONTRACT AND AGREEMENT made and entered into on this
the day of 01983 , modifying and combining an
Original Contract dated the 29th day of September, 1978, and
modifications thereto dated October 30, 1979, and March 17, 1981,
by and between the CITY OF BAYTOWN, TEXAS, a Municipal Cor-
poration 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 29th day of September, 1978, 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 30, 1979 and March 17, 1981; and
WHEREAS, the City Council by action taken on 12 -9 -82 ,
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recorded in Volume 25 , Page 2,1208 -g of the Minute Records of
the City of Baytown, at the request of Contractor and upon the
motion of Councilman Simmons authorized the amendment of the
existing agreement 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 Con-
tractor Eight Thousand and No /100 ($8,000.00) Dollars per month
for such services, or a lesser amount if Contractor accrues
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certain other revenue, as hereinafter provided. The City of
Baytown has the option of providing space for housing ambu-
lances 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 (24) 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 dispatch, and it
is within the contemplation of the parties that
fifteen (15) minutes is deemed to be a reasonable
period of time.
C. 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 at all times. 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.
b. All such ambulances must be distinctly marked
in a manner approved by the City, showing the name
of the Contractor providing service.
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C. 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.
d. Each ambulance shall be equipped with a siren
and red light in good working condition.
e. 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 mega-
cycles.
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 contract for ambulance service.
4. Radios must be maintained to meet current
F.C.C. specifications. The maintenance costs
will be borne by the Contractor.
5. Radios must have an annual frequency check
by the City Radio Technician during the month
of February.
6. Radios must be a least sixty (60) watt
General Electric or Motorola.
7. Contractor will comply with all F.C.C.
regulations.
f. 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).
g. 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.
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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 repre-
sentatives, and if at any time same are not in compliance with
the provisions hereof, or if any ambulance is in need of mec-
hanical repairs in order to insure its satisfactory 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 inca-
pacitated, the highest ranking 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.
9M
CHARGES PERMITTED CONTRACTOR
Contractor shall be permitted to charge not more than the
following, to -wit:
(1 ) Emergency _Ambulance Service:
(a) $50.00 base fee for transporting
1 person to a hospital
(b) $ 7.50 for administration of oxygen
to 1 person.
{c) $40.00 /hour charge, if any, for waiting
in excess of fifteen minutes
(d) $25.00 charge, if any, for unfounded
request for service
(e) -0- discount, if any for prompt
payment.
(f) Method of dividing cost among patients if more
than one is carried simultaneously to a hospital:
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(1) First patient $50.00
(2) Second and each 25.00 each
additional patient
The total bill will be divided equally between
the total number of patients carried.
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 Con-
tractor 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 joint 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 Ambu-
lance 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 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 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
not satisfactory 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 stockholder thereof. This contract shall be
subject to a semi - annual review by the 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 con-
tracts 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 contract 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 specified
industries. 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 as 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
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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 January,
1983, and shall be in force and effect for a period of Forty
(40) months, terminating on the 30th day of April, 1986, 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.
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 day
of , 1983.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
RANDALL B. STRONG, City Attorney
ATTEST:
Secretary
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CITY OF BAYTOWN
FRITZ LANHAM, City Manager
BAYTOWN AMBULANCE COMPANY,
INC.
JESSE D. NAVARRE, President