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HomeMy WebLinkAboutPO 6743: AUTHORIZING CHANGES TO CHAPTER 114 - VEHICLES FOR HIRE, ARTICLE II - EMERGENCY MEDICAL VEHICLE City of urt rthtc� Turas INTEROFFICE MEMORANDUM Office of the Fire Chief Date: November 27, 2018 To: Harvey Robinson, Interim City Manager From: Larry Richard, Fire Chief RE: Proposed Ordinance 6743 Nature of the Request: City Council approval of Proposed Ordinance 6743 authorizing changes to Chapter 114 — VEHICLES FOR HIRE, ARTICLE II—EMERGENCY MEDICAL VEHICLE. Staff Analysis, Considerations: City council requested changes to the existing Ambulance Ordinance by inserting language addressing facility to facility transfer response times. The proposed change adds language that requires response times for facility to facility transfers to average 30 minutes or less over a rolling three-month period; and assesses liquidated damages of$2,000 for any average over 30 minutes, and$2,000 for each additional whole minute thereafter. Recommendations: The Fire Department recommends approval of this resolution. Budget Considerations: There is no budgetary impact to the City. "Remember we are here to serve the Citizens of Port Arthur" P. O. BOX 1089 * PORT ARTHUR,TEXAS 77641-1089 * 409/983-8101 *FAX 409/982-6743 P.O. No. 6743 12/4/18 ldr ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 114-33 AND 114-42 OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR AS IT PERTAINS TO EMERGENCY MEDICAL VEHICLES; PROVIDING FOR A PENALTY, EFFECTIVE DATE AND FOR PUBLICATION WHEREAS, it is recommended by the Fire Chief that various changes be made to the Code of Ordinances as it pertains to emergency medical vehicles as follows : • Amend Section 114-33 Ambulance agreement : Add 114-33 (c) (7 ) EMS transfer request response time averages shall not exceed 30 minutes . The response time for emergency hospital to hospital transfers shall start when the EMS company is notified of the request . All other response times shall start when the transferring facility and the receiving facility approve the transfer and all preauthorization requirements are met. Any complaints regarding transfer operations should be directed to the Fire Chief. • Amend Section 114-42 Liquidated damages as remedy: Renumber 114-14 (a) (2) to 114-14 9 (a) (3) Add 114-14 (a) (2) For failure to meet the response requirements specified in subsection 114-33 (c) (7 ) , when the percentages are averaged over a rolling three-month period, $2, 000 for any average over 30 minutes, and $2, 000 for each additional whole minute over the specified level . WHEREAS, the City Council deems it in the public interest to amend Sections 114-33 and 114-42 of the Code of Ordinances . 1 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1 . That the facts and opinions in the preamble are true and correct . Section 2 . That Section 114 . 33 (c) (7) is amended in substantially the same form as attached hereto as Exhibit "A" . Section 3 . That Section 114 . 42 (2 ) and (3) are amended in substantially the same form as attached hereto as Exhibit "B" . Section 4 . That all ordinances in conflict herewith are herein repealed to the extent of the conflict . Section 5 . That this being an Ordinance amending an Ordinance which imposes a penalty, fine, or forfeiture, its caption and penalty shall be published at least one (1) time within ten ( 10) days after final passage hereof in the official newspaper of the City of Port Arthur. All provisions of this Ordinance that impose a penalty shall take effect on December 17, 2018 . All other provisions shall take effect immediately. Section 6. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of , A. D. , 2018, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES : Mayor: Councilmembers : NOES : Derrick Ford Freeman Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Val Tizeno City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson Interim City Manager Larry Richard Fire Chief 3 EXHIBIT"A" 4 Sec. 114-33. -Ambulance agreement. (a) Application. Every person, partnership or corporation desiring to obtain an ambulance agreement shall make written application to the city secretary in writing. Each application shall be verified under oath and shall provide the city secretary the following information: (1) The name, resident address and telephone number of the owner of the ambulances for which an agreement is desired to be authorized; (2) Business names, telephone and address of the premises which are to serve as the base of operation from which ambulance service will be originated; (3) The make, model, motor number and correct state license plate number of the ambulances; (4) The experience of the applicant and his employees in the transportation and care of sick or injured persons; (5) The number and type, age and patient capacity of each private ambulance proposed to be operated by the applicant; (6) History of the response time of the owner in other similar cities; (7) Rates to be charged. (b) Fees;period. An application for an ambulance agreement for the operation of an ambulance service within the city shall be accompanied by a nonrefundable application fee of $1,000.00. Each such ambulance agreement shall be valid for a duration to be approved by the city council, not exceeding three years. With the approval of the city council, an agreement can be transferred to a company that has substantially the same resources, equipment and personnel in the area to ensure that the response time is met, that patients are transferred in a prompt and safe manner, and that the company will provide ambulance services in accordance with state, federal and local laws, regulations and rules. Such transfer can only be effective upon the approval of the city council and upon the payment of a nonrefundable transfer fee of$1,000.00. (c) Additional requirements. The company agrees to or provides all six of the following: (1) The company agrees to provide the following in case the company ceases to provide full-time emergency ambulance services to the citizens of the city: a. The company agrees to immediately allow the city to take possession and to use up to five of the company's fully equipped MICU capable ambulances as determined at the sole discretion of the city for a period of six months. After taking possession of the ambulances, the city will pay the fair market lease value of the ambulance vehicles and its equipment. If there is a dispute as to the fair market value, the city will retain the possession and use of the ambulances for six months and the issue as to the amount of rental and accrued interest at six percent per year for overdue payments will be decided by an arbitrator. Pending the arbitration, the city will pay monthly payments to the company as to the amount of lease payments the city considers to be the fair market lease value. (2) The company provides a dispatch system as denoted below that has the following specifications and uses or, substantially thereto, as approved by the fire chief: a. Dispatch room. 1. Three active and three standby dispatch consoles, each complete with radio equipment. 2. CPU networked to server, containing dispatch software and a video monitor. 3. Maps of all areas covered in case of computer failure. b. Radio equipment. 1. Radio frequency that is not public. 2. Provider should have the ability to talk to the Port Arthur Fire Department. c. Telephone equipment: System should be able to transfer calls and handle a telebranch of no less than five numbers. d. Server system. 1. Server redundancy for all server-based central processing units. 2. UPS power backup system for essential equipment with power time of 15 minutes or more. e. Backup generators: Reliable backup generators should be able to operate dispatch and information technology room without public utility power. f. Recorders. 1. All communications shall be recorded. 2. Playback shall be available. g. Dispatch support: Information technology specialist on staff 24 hours, seven days a week or service contract providing the same support. h. Disaster plans: Disaster recovery plans due to flood, fire, storm or any other acts of God. i. Dispatch system provides a redundant radio system for ISO rating of the city. j. Dispatch system can be used by the city at no cost in case of an emergency. k. The dispatch office must be able to receive local calls without any long distance cost or inconvenience to the citizens of Port Arthur. (3) The company agrees to provide for the arrival of an MICU capable ambulance and a paramedic within 480 seconds travel time to a minimum of 90 percent of the incidents represented as priority one calls. Travel times will start when the responding ambulance and paramedic receive notification from the provider's dispatch center and will terminate when the ambulance and paramedic have arrived. In the event that the ambulance unit, paramedic unit or fire unit arrives before the other responding units and downgrades the call from an emergency status, then the terminating time will be the first unit's arrival time. The company agrees to set as performance objectives, call processing times of not more than 60 seconds for at least 90 percent of the calls represented as priority one calls and not more than 90 seconds for at least 99 percent of the calls represented as priority one calls. Call processing time will begin when the provider's dispatch center picks-up on the call and will terminate when the provider's responding units receive first notification. (4) The company agrees that it will have a turnout time of no more than 60 seconds. Turnout time will begin when the emergency response facility or emergency response unit is notified and will end at the beginning point of travel time. (5) The company agrees that in those instances where a paramedic is responding separately from the ambulance unit, the ambulance unit will be staffed with a minimum of two emergency medical technicians. (6) The company agrees to provide backup assistance to all other permitted companies; however, the company also agrees that should the fire chief determine that the practice of rolling calls by one provider to another is degrading emergency medical response and the chief imposes restrictions on the practice, the company shall abide by the restrictions. (7) EMS transfer request response time averages shall not exceed 30 minutes. The response time for emergency hospital to hospital transfers shall start when the EMS company is notified of the request. All other medically necessary response times shall start when the transferring facility and the receiving facility approve the transfer and all preauthorization requirements are met. Any complaints regarding transfer operations should be directed to the Fire Chief. These services are reasonably necessary to protect the public health pursuant to Tex. Health Safety Code §121.003. EXHIBIT"B" 5 Sec. 114-42. - Liquidated damages as remedy. (a) Because the City of Port Arthur may suffer damages from any violation of this article, which damages may be uncertain and difficult to quantify, the EMS provider by accepting the issued permit agrees to the following schedule of liquidated damages: (1) For failure to meet the response requirements specified in subsection 114-33(c)(3), when the percentages are averaged over a rolling three-month period, $2,000.00 for each whole percentage point below the specified level. (2) For failure to meet the response requirements specified in subsection 114-33(c)(7), when the percentages are averaged over a rolling three-month period, $2,000 for any average over 30 minutes, and $2,000 for each additional whole minute over the specified level. (2) (3) For any ambulance unit providing service in the City of Port Arthur found to be noncompliant with the permit, equipment, staffing, supplies or sanitation requirements of federal statutes, state statutes, local ordinances and contract requirements, $250.00 per incident. (b) Before assessing liquidated damages against any EMS provider, written notice will be given. (c) The EMS provider will have ten business days from receipt of the notice to appeal the assessment to the fire chief. (d) The fire chief will meet with the EMS provider to consider the matter and issue a decision within ten business days of the appeal. The fire chief may consider matters such as unusually high demand, extraordinary weather conditions, and other conditions which could contribute to a delayed response. In the case of noncompliance with equipment and supply requirements the fire chief may consider matters such as multiple calls occurring in rapid succession which may deplete equipment and delay restocking. The decision of the fire chief will be final. (e) When liquidated damages are assessed, the EMS provider will have ten business days from the date of the assessment notice or from the date of receipt of the fire chiefs decision if the assessment is appealed, to pay the assessed damages. (f) The collection of liquidated damages, as a remedy, may be in addition to the City of Port Arthur taking other action, including action to terminate the EMS provider's permit to operate in the City of Port Arthur. (Ord. No. 10-05, exh. A, 1-26-2010)