HomeMy WebLinkAboutPR 20925: RENEWAL APPLICATION OF ACADIAN AMBULANCE SERVICE, INC. •
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INTEROFFICE MEMORANDUM
Office of the Fire Chief
Date: June 27, 2019
To: Rebecca Underhill, Interim City Manager
From: Larry Richard, Fire Chief
RE: Proposed Resolution 20925
Nature of the Request:
That the City Council approve the renewal of the permit for Acadian Ambulance Service to
operate in the City of Port Arthur.
Staff Analysis, Considerations:
Acadian Ambulance Service began operations in the City of Port Arthur on October 22, 2006
with the buyout of MetroCare EMS, on a weekly rotation with Stat Care EMS. Acadian
satisfactorily complied with all City of Port Arthur Code of Ordinance requirements.
In June of 2010, Acadian Ambulance Service bought out Stat Care EMS and became the only
permitted Ambulance Company in the City of Port Arthur. Acadian satisfactorily complied with
the response time requirements of the City of Port Arthur Code of Ordinances. Acadian
Ambulance Service's permit to operate has been renewed ever since.
Acadian Ambulance Service has satisfactorily met emergency medical services needs for the City
of Port Arthur. They continue to meet emergency and transfer response times as required by the
City of Port Arthur Code of Ordinances.
Recommendations:
The Fire Chief recommends approval of this resolution.
Budget Considerations:
There is no budgetary impact to the City for this contract. Acadian Ambulance Service has paid
the required $1,000 application fee.
"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. R. No. 20925
06/26/2019 gt
RESOLUTION NO.
A RESOLUTION APPROVING THE RENEWAL APPLICATION OF
ACADIAN AMBULANCE SERVICE, INC. FOR A NON-EXCLUSIVE
AMBULANCE AGREEMENT
WHEREAS, a company that desires to operate an ambulance within the City is
required to file an application, under Chapter 114 of the Code of Ordinances; and
WHEREAS, the City adopted Ordinance No. 10-05, which amended the code as it
pertained to emergency medical vehicles; and
WHEREAS, the application shall be verified under oath and provide the following:
1) The name, resident address, and telephone number of the owner of the
ambulances for which an agreement is desired to be authorized;
2) The business name, telephone number, and address of the premise which is
to serve as the base of operations from which the ambulance service will be
originated;
3) The make, model, motor number, and correct state license plate number of
the ambulance;
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; and
(7) Rates to be charged.
; and
s.pr20925
WHEREAS, under Section 114-41 of the Code of Ordinances, the Agreement shall
only be authorized if the applicant receives a determination by majority vote of the City of
Council that it is in the best interests of the citizens of Port Arthur that an ambulance
agreement be authorized; and
WHEREAS, Acadian Ambulance Service, Inc. has submitted a non-refundable
application fee of$1,000, and a renewal application, a copy of which is attached hereto as
Exhibit "A"; and
WHEREAS, the City Council has reviewed the comments of the Fire Chief, which
are attached hereto as Exhibit "B"; and
WHEREAS, it is deemed in the best interests of the citizens to authorize a Non-
Exclusive Ambulance Agreement with Acadian Ambulance Service, Inc., in substantially the
same form as attached hereto as Exhibit"C".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Manager is herein authorized to execute the Non-
Exclusive Ambulance Agreement with Acadian Ambulance Service, Inc., in substantially the
same form as attached hereto as Exhibit "C".
Section 3. That the effective date of the new Agreement shall begin on the 13th
day of August, 2019, and it shall expire on the 12th day of August, 2022.
Section 4. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
s.pr20925
READ, ADOPTED AND APPROVED on this day of , A.D.,
2019, at a 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:
04 10e44 (
Val en , City Attorney
APPROVED FOR ADMINISTRATION:
Rebecca Underhill, Interim City Manager
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EXHIBIT "A"
s.pr20925
1 DATE 6/21/2019 CHECK NUMBER 12044447
INVOICE NUMBER INVOICE DATE DESCRIPTION GROSS AMOUNT DISCOUNT NET AMOUNT
2019 PERMIT 6/17/2019 Vchr:V01019816 $1,000.00 $0.00 $1,000.00
•
PRINT BATCH VENDOR CODE PAY TO NAME NET TOTAL
8,329 CIT103 CITY OF PORT ARTHUR $1,000.00
® •-•.: - I A adiah JPMORGAN Baton Rouge,
A 70801 N A.
i r 84-13/654
P.O. BOX 98000 LAFAYETTE,LA 70509-8000 DATE 6/2 1/20 19 CHECK NUMBER 2044447
PHONE 800-259-3333
AMOUNT $1,000.00
PAY One thousand and 00/ 100 Dollars Only .,".,,.**************..........................******..,.,.******...;., *****11-k**********.....*..**
PAY
TO THE C11Y OF PORT ARTHUR Acadian Ambulance Service
ORDER
OF P.O. BOX 1089
R4E. . .iL
PORT ARTHUR, TX 77641-1089
EXHIBIT "B"
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INTEROFFICE MEMORANDUM
Office of the Fire Chief
Date: June 27, 2019
To: Rebecca Underhill, Interim City Manager
From: Larry Richard, Fire Chief
RE: Proposed Resolution 20925
Nature of the Request:
That the City Council approve the renewal of the permit for Acadian Ambulance Service to
operate in the City of Port Arthur.
Staff Analysis, Considerations:
Acadian Ambulance Service began operations in the City of Port Arthur on October 22, 2006
with the buyout of MetroCare EMS, on a weekly rotation with Stat Care EMS. Acadian
satisfactorily complied with all City of Port Arthur Code of Ordinance requirements.
In June of 2010, Acadian Ambulance Service bought out Stat Care EMS and became the only
permitted Ambulance Company in the City of Port Arthur. Acadian satisfactorily complied with
the response time requirements of the City of Port Arthur Code of Ordinances. Acadian
Ambulance Service's permit to operate has been renewed ever since.
Acadian Ambulance Service has satisfactorily met emergency medical services needs for the City
of Port Arthur. They continue to meet emergency and transfer response times as required by the
City of Port Arthur Code of Ordinances.
Recommendations:
The Fire Chief recommends approval of this resolution.
Budget Considerations:
There is no budgetary impact to the City for this contract. Acadian Ambulance Service has paid
the required$1,000 application fee.
"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
EXHIBIT "C"
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NONEXCLUSIVE AMBULANCE AGREEMENT
WHEREAS, Acadian Ambulance Service, Inc., (Company) has applied to provide
ambulance service in the City of Port Arthur; and
WHEREAS, all parties agree that Acadian Ambulance Service, Inc. has complied
with the City of Port Arthur's application process, which is delineated in Section 114-33
of the Code of Ordinances; and
WHEREAS, Acadian Ambulance Service, Inc., acknowledges that the City of Port
Arthur has the authority to regulate emergency medical service providers under Section
773.051 of the Health and Safety Code, V.T.C.A.; and
WHEREAS, the parties agree that there has been full and adequate consideration
for this nonexclusive ambulance agreement; and
WHEREAS, the parties agree that the following terms are reasonable,
appropriate, legal, and not unduly restrictive of business activities.
NOW THEREFORE, in consideration of the promises and the mutual agreements
of the parties contained herein, the City of Port Arthur and Acadian Ambulance Service,
Inc. agree with each other as follows:
Section 1. This agreement as approved by City Council Resolution No. 19- ,
for a term of three years from August 13, 2019 to August 12, 2022.
Section 2. Acadian Ambulance Service, Inc. will maintain fully staffed MICU
capable ambulances that are strategically located throughout the City of Port Arthur, or
s.acadian_ambulance agreement_2019 Page 1
where there is more than one (1) provider, strategically located throughout an assigned
district.
Section 3. The Company will respond to all emergency calls for assistance and
will respond to all requests for transportation of any sick or injured person meeting
medical necessity guidelines for ambulance transportation, to the nearest and most
appropriate medical hospital, regardless of inclement weather or other exigent
circumstances, except to the extent such circumstances qualify as an "Event of Force
Majeure" defined as neither Party shall be liable to the other for any delays, suspensions,
damages, or failure to act caused by Force Majeure, which shall mean, for the purposes
of this Agreement, any event that is beyond the reasonable control and foresight of the
Party unable to perform and which could not have been prevented or avoided by the
exercise of due diligence, prudence, or the adoption of reasonable precautions. Such
Force Majeure events include hurricanes, tornados, National Weather Service named
storms, wind events, loop/eddy currents, fire, explosion, acts of terrorism or piracy, riot
or civil disturbance, flood, sabotage, Coast Guard or government orders or decrees,
strikes and labor disputes. Furthermore, response time obligation shall be suspended
during any Event of Force Majeure or any case of a Mass Casualty where call load exceeds
the norm for the same time period averaged for the past 72 hours.
Section 4. Subject to Section 3 above, the Company shall respond to all
emergency calls referred by the fire department and shall provide adequate ambulances,
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dispatch facilities, and staffing to respond to such calls. Violation of this provision shall
subject the Company to revocation of the agreement.
Section 5. The Company will not discriminate based on race, religion, national
origin, or due to the financial status of the injured or ill. The Company must not refuse
to render emergency medical service for all medically necessary transports after
responding to an emergency call for such service.
Section 6. The Company shall respond with an MICU capable ambulance and a
paramedic for calls which are represented as priority one calls, as defined in Section 114-
31 of the Code of Ordinances and an MICU capable ambulance with a minimum of two
Emergency Medical Technicians on all other calls.
Section 7. Pursuant to Section 114-36 of the Code of Ordinances, every
ambulance permitted under this article, when transporting patients, shall be staffed with
personnel certified by the Department of State Health Services.
Section 8. Every ambulance shall be equipped with the equipment and supplies
required by state, federal, and local statutes, regulations, rules, provider's state approved
protocols, and as specifically delineated in Section 114 of the City of Port Arthur's Code
of Ordinances. Every ambulance shall be subject to annual and periodic inspections as
delineated in Section 114-35 of the City of Port Arthur's Code of Ordinances.
Section 9. No ambulance which is unsafe or in any way unsuitable for
ambulance service shall be used to fulfill any of the Company's obligations under this
Agreement.
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Section 10. Every EMS vehicle of the Company shall be equipped with a fully
operational two-way radio communications system. EMS vehicles permitted to operate
in the city shall be capable of communicating with hospitals in Jefferson County and
Orange County having emergency medical facilities. EMS vehicles permitted to operate
in the city shall be equipped with portable radio equipment capable of communication
with the Port Arthur Fire Department. Each EMS unit providing service in the city will be
equipped with a mobile radio capable of communicating with the fire department. The
EMS vehicles of the Company shall call"in route"and"on scene"on all medical emergency
calls. Every ambulance operating in the city shall meet the requirements set forth in
Section 114-35 of the Code of Ordinances.
Section 11. Ambulances shall be required to transport patients in a prompt and
safe manner.
Section 12. 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
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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.
Section 13. 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.
Section 14. 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. 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.
Section 15. The Company shall not operate or drive an ambulance on emergency
calls on the public streets of the City at a rate of speed of more than ten (10) miles per
hour in excess of the legal speed limit. The Company shall not operate or drive an
ambulance on an emergency call in excess of ten (10) miles per hour while entering and
passing through an intersection if such intersection is controlled by a stop sign or by a
traffic signal, which indicates stop by displaying a red light.
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Section 16. At all times, ambulance drivers and emergency medical services
personnel shall be required to wear personnel identification cards, name tags or other
appropriate insignia which will visibly, clearly and quickly identify them as emergency
medical services personnel and identify the degree of their Texas Department of State
Health Certification, i.e., ECA, EMT, EMT-I or EMT-P.
Section 17. It shall be a violation of this contract for the ambulance Company to
refuse to render emergency medical service after responding to an emergency call for
service other than as otherwise set forth herein. It shall also be a violation of this contract
for the Company to charge rates in excess of their usual and customary charges or to
charge for services not rendered.
Section 18. The ambulance Company shall furnish to the City Secretary, on the
initial issuance of its permit, a complete schedule of rates, and thereafter, whenever its
rates change, a report containing the new rates and justification for the changes. The
ambulance Company shall also make monthly reports on response times to the Fire Chief.
The monthly response time report will be submitted electronically in a format specified
by the Fire Chief which is not in violation of the Health Insurance Portability and
Accountability Act or any other federal, state or local regulation.
Section 19. The Company shall staff and operate a radio and telecommunications
ambulance dispatch facility twenty-four (24) hours per day to receive emergency calls
and, as appropriate, to dispatch an ambulance(s) to respond to emergency calls, as
delineated in Section 114-33 of the Code of Ordinances.
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Section 20. Prior to the initial use and operation of any vehicles as an ambulance
in the provision of services under this Agreement, the vehicle and the premises from
which it is operated shall be thoroughly examined and inspected by the fire department,
and found to comply with the requirements of V.T.C.A., Health and Safety Code, Chapter
773, and the provisions stated herein.
Section 21. Every ambulance operating under this article shall be subject to
inspection at any reasonable time which shall not adversely affect patient care or
response times and shall be inspected by the City at least once every year.
Section 22. Failure to meet the response requirements specified in this
agreement and as delineated in subsection 114-33(c)(3) of the Code of Ordinances, will
result in the following liquidated damages:
a. When the percentages are averaged over a rolling three-month
period, $2,000.00 for each whole percentage point below the specified level.
b. 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.
Section 23. During emergency calls, the City of Port Arthur's Fire Department
will, if resources are available, as determined by the Fire Chief, provide First Responder
Services at the site. Nevertheless, the ambulance Company shall be primarily responsible
for taking such precautions as is expected, pursuant to federal, state, and local statutes,
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ordinances, regulations, rules, and approved protocols, to respond quickly to the scene
with the proper equipment and trained personnel and transport the injured or ill to
suitable medical facilities. The Company shall furnish to the City's fire department
replacement supplies utilized by the fire department on medical calls provided the
supplies are of like kind or compatible.
Section 24. The Company shall seek qualified applicants for employment by
advertising in the official newspaper of the City as to give Port Arthur residents a fair
opportunity to apply for employment with the Company.
Section 25. The Company shall hold the City harmless and shall indemnify the
City from any and all acts or omissions of the Company as it pertains to the Company's
ambulance services that it provides in the City of Port Arthur and as it pertains to the
Company's accounting and financial practices.
Section 26. The books and records of the Company, with regard to response
times, rates, accounting/financial practices, and complaints shall be subject to
confidential audit by the City. The Company shall produce to the City any correspondence
or pleadings which alleges that the Company has violated any regulation, ordinance,
statute, Generally Accepted Accounting Practices (GAAP), or industry standards in the
provision of services under this Agreement.
Section 27. The Company shall comply with all federal, state and local
regulations, ordinances and statutes in the provision of ambulance services and shall
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comply with Generally Accepted Accounting Practices (GAAP) in their accounting and
financial practices.
Section 28. The Company shall maintain insurance as required by Chapter 114
of the City of Port Arthur's Code of Ordinances and shall comply with all other provisions
of the Code of Ordinances.
Section 29. This agreement can be terminated by the City or by the Company
for any reason with 180 days written notice. Nevertheless, the agreement can be
terminated by the City at any time if the ambulance Company violates any of the terms
of this agreement or of Chapter 114 of the Code of Ordinances.
Section 30. When the Company applied for a permit, the Company provided
information to the City that the Company had the equipment, personnel, and financial
capacity or credit to provide ambulance service in the City of Port Arthur during the term
of this agreement. The Company shall provide interim reports to the City as reasonably
requested as to the status of its equipment, personnel, financial capacity and financial
credit. The Company shall also provide audited financials within 60 days of the end of
the Company's fiscal year. The Company shall also provide to the City of Port Arthur such
documentation as reasonably requested by the Fire Chief to monitor compliance with the
Agreement. If the Company terminates ambulance service in the City of Port Arthur
without providing 180 days notice and without providing ambulances as denoted in
Section 114-33 of the Code of Ordinances, then the Company shall pay the City of Port
Arthur a fee of $100,000.
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Section 31. Any notice provided in the contract shall be given in writing to the
parties by certified mail, return receipt requested as follows:
TO CITY: TO THE COMPANY:
CITY OF PORT ARTHUR ACADIAN AMBULANCE SERVICE, INC.
ATTN: Rebecca Underhill c/o Richard E. Zuschlag
Interim City Manager Chief Financial Officer
P. 0. Box 1089 P. 0. Box 98000
444 4th Street Lafayette, LA 70509-8000
Port Arthur, TX 77641-1089
Section 32. This agreement is effective the 13th day of August 2019 and shall
expire on the 12th day of August 2022.
SIGNED AND AGREED to on the day of , 2019.
CITY OF PORT ARTHUR:
BY:
REBECCA UNDERHILL
INTERIM CITY MANAGER
SIGNED AND AGREED to on the day of , 2019.
ACADIAN AMBULANCE SERVICE, INC.
BY:
BRANDON J. HEBERT
REGIONAL VICE PRESIDENT
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