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HomeMy WebLinkAboutPO 7114: AMENDING CHAPTER 114, EMERGENCY MEDICAL VEHICLE SECTIONS P.O. No. 7114 01/10/2023 TNR ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 114 — VEHICLE FOR HIRE, ARTICLE II — EMERGENCY MEDICAL VEHICLE, SECTIONS 114-31 THROUGH 114-43 OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR AS IT PERTAINS TO EMERGENCY MEDICAL VEHICLES WHEREAS,the City of Port Arthur has the authority to issue permits for the purpose of transporting patients with medical emergencies to medical facilities for treatment; and WHEREAS, pursuant to Ordinance No. 22-69, the City updated the provisions in the ordinance were updated to enhance the health and safety of people of Port Arthur for higher quality of life when medical emergencies occur with accountability and transparency of the medical transportation permit holder; and WHEREAS, the City Council deems it in the public interest to further amend Sections 114-31 through 114-43 of the Code of Ordinances in substantially the same form as attached hereto as Exhibit"A". NOW,THEREFORE,BE IT ORDAINED 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 Chapter 114 —Vehicles for Hire, Article II- Emergency Medical Vehicle Sections 114-31 through 114-42 are hereby amended in substantially the same form as attached hereto aas Exhibit"A". Section 3. That all ordinances in conflict herewith are herein repealed to the extent of the conflict. Section 4. 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 and shall be effective immediately upon said publication: Section 5. 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. 2023, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: • NOES: Thurman Bill Bat-tie, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: 71/#e Val Tizeno, City Att ey APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager Greg Benson, Fire Chief EXHIBIT "A" PART II-CODE OF ORDINANCES Chapter 114 VEHICLES FOR HIRE Chapter 114 VEHICLES FOR HIRE' ARTICLE I. IN GENERAL Secs. 114-1-114-30. Reserved. ARTICLE II. EMERGENCY MEDICAL VEHICLE' Sec. 114-31. Definitions. The terms used in this article shall have the meaning ascribed to the same terms in V.T.C.A., Health and Safety Code § 773.003 et seq., unless otherwise defined as follows: Ambulance means a vehicle for transportation of sick or injured person to, from or between places of treatment for an illness or injury, and provide out of hospital medical care to the patient. Such motor vehicle may be constructed, reconstructed, arranged or equipped or used for the purpose of transporting sick or injured persons. Ambulances shall be classified as mobile intensive care unit capable (MICU-capable) when transporting other than priority one patients and mobile intensive care units (MICU) when transporting priority one patients. As defined by the Texas Administrative Code, Rule 157.2. Arrive means at the scene of an incident and the vehicle not moving. Emergency call means a request for ambulance service as defined by the Texas Administrative Code, Rule 157.2. Emergency care attendant (ECA) means a person licensed by the department of state health services as an emergency care attendant. Emergency medical dispatch (EMD) means a system of call management, the provision of medical instructions via telephone, and emergency medical resource allocation by dispatchers who have been trained using standards developed by, or equivalent to, the National Highway Traffic Safety Administration (NHTSA). 'Cross reference(s)-Businesses,ch. 22;streets,sidewalks and other public places,ch.94;traffic, ch. 106. State law reference(s)-Authority to regulate,V.T.C.A., Local Government Code§215.073. 'Editor's note(s)-Ord. No. 10-05, Exh.A,adopted Jan. 26, 2010, amended art. II in its entirety to read as herein set out. Former art. II,§§ 114-31-114-41, pertained to similar subject matter,and derived from Code 1961,§§ 23-1-23-3,23-5-23-12;Ord. No.00-30,§2(23-4),adopted May 16, 2000;Ord. No.00-36, §2,adopted June 27,2000;Ord. No.00-66,§2, adopted Nov. 14, 2000;Ord. No.02-07, §2,adopted Feb. 19, 2002;Ord. No.02-19,§2,adopted Apr. 16,2002;Ord. No.02-22, §2,adopted May 14, 2002;Ord. No.02-27, §2, adopted May 28, 2002;Ord. No.02-28§ 2,adopted May 28, 2002;Ord. No.05-45, §§ 1-3, adopted June 21, 2005;Ord. No.06-12,§2,adopted Feb. 28, 2006;Ord. No.06-14, §2,adopted Mar. 14, 2006;Ord. No.06- 25, §2,adopted May 23,2006;and Ord. No.07-41,§§2-9,adopted July 3,2007. State law reference(s)-Emergency medical services,V.T.C.A., Health and Safety Code§773.001 et seq. I Emergency medical services operator (EMS)— means a person who, as an employee of a public agency, as is defined by Health and Safety Code, § 771.001,receives emergency calls. Emergency medical services means services used to respond to an individual perceived need for immediate medical care and to prevent death or aggravation of physiological or psychological illness or injury as defined by the Texas Administrative Code, Rule 157.2. Emergency medical services personnel means: (1) Emergency care attendant; (2) Emergency medical technician—Basic; (3) Emergency medical technician—Advanced; (4) Emergency medical technician—Paramedic; or (5) Licensed Paramedic Emergency medical responder/Emergency care attendant means a person certified by the state as an Emergency care attendant/Emergency medical responder as minimally proficient to provide emergency prehospital care by providing initial aid that promotes comfort and avoids aggravation of an injury; as set forth in §773.046 of the Texas Administrative Code Emergency medical technician Basic means a person certified by the state as a basic emergency medical technician and is minimally proficient to perform emergency prehospital care that is necessary for basic life support and that includes cardiopulmonary resuscitation(CPR) and the control of hemorrhaging; as set forth in §773.047 of the Texas Administrative Code. Emergency medical technician— Advanced means a person certified by the state as an advanced emergency medical technician and is minimally proficient to perform emergency prehospital care that is necessary for basic life support and can initiate under medical supervision certain procedures, including intravenous therapy and endotracheal or esophageal intubation; as set forth in §773.048 of the Texas Administrative Code. Emergency medical technician Paramedic means a person certified by the state as a paramedic emergency medical technician and is minimally proficient to provide advance life support that includes initiation under medical supervision of certain procedures, including intravenous therapy, endotracheal or esophageal intubation, electrical cardiac defibrillation or cardioversion, and drug therapy; as set forth in §773.049 of the Texas Administrative Code. Licensed Paramedic—means a person certified by the state as a licensed paramedic and the department determines that the individual is minimally proficient to provide advanced life support that includes initiation under medical supervision of certain procedures, including intravenous therapy, endotracheal or esophageal intubation, electrical cardiac defibrillation or cardioversion, and drug therapy. In addition, a licensed paramedic must complete a curriculum that includes college-level course work in accordance with department rules; as set forth in §773.0495 of the Texas Administrative Code. Emergency hospital to hospital transfer means any transfer from a transferring facility to a receiving facility of an unstable, or imminently unstable, patient whose condition cannot be resolved at the transferring facility, and where any delay in transfer would cause harm to the patient. Emergency prehospital care means care provided to the sick and injured before or during transportation to a medical facility, including any necessary stabilization of the sick or injured in connection with that transportation. Emergency response means a response to a request for medical/illness or trauma/injury related services. Medical direction means direction given to emergency medical services personnel by a licensed physician in the state. Medical director means a licensed physician in the state giving direction to emergency medical services personnel. Medical protocol means any diagnosis-specific or problem-oriented written statement of standard procedure, algorithm, standing medical order or standing delegation order promulgated by the medical director as the normal standard of emergency prehospital care for a given clinical condition. Medical supervision means direction given to emergency medical services personnel by a licensed physician under the Medical Practice Act(Vernon's Ann.Civ. St. art.4495b)and the rules adopted under that Act by the state board of medical examiners. Medical supervisor means a licensed physician giving direction to emergency medical services personnel under the Medical Practices Act (Vernon's Ann. Civ. St. art. 4495b) and the rules adopted under that Act by the state board of medical examiners. Mobile Intensive Care Unit(MICU) ambulance means an ambulance capable of transporting sick or injured and that meets the requirements of the advanced life support vehicle and which has sufficient equipment and supplies to provide cardiac monitoring, defibrillation, cardioversion, drug therapy, and two-way communication with at least one paramedic on the vehicle when providing emergency medical service(EMS), as defined by the Texas Administrative Code, Rule 157.2. . National Incident Management System (NIMS)means a nationally designed and recognized operational system that guides how personnel work together during incidents. Port Arthur Fire Department is the Authority Having Jurisdiction (AHJ) and will provide the command structure and National Incident Management System (NIMS) support positions. Nonemergency call means a request for ambulance service other than a request for emergency medical service as that term is defined by the Texas Administrative Code, Rule 157.2. Non-emergency response means a response to a request for medical/illness or trauma/injury related services, where the information provided to dispatch does not justify the elevated risk of lights and sirens during the response after appropriate evaluation though an accredited EMD program. Non-Emergency Transfer refers to the provision of transportation by an ambulance of an individual who is not in need of emergency medical care. Requests for service for this form of transportation are not transmitted through the emergency medical dispatch system. Arrangements for the provision of this form of transportation are made between the private party and/or business entity and the ambulance company. Ambulance permit holder means an entity engaged in providing emergency and non- emergency medical services, including transportation to a medical facility pursuant to an agreement with the City of Port Arthur. Public agency means the state and municipality, county, an emergency communication district, original planning commissions, an appraisal district, or any other political subdivision or district that provides,participates in the provision of, or has authority to provide firefighting, law enforcement, ambulance,medical, 9-1-1, or other emergency services. Cross reference(s)—Definitions generally, § 1-2. Sec. 114-32. Operating ambulance without permit. No person shall drive or operate an ambulance for the purpose of transporting the sick or injured for hire, upon the public streets of the city without first entering into an ambulance agreement with the city to do so as provided in this article and paying the fee therefore.There shall be exemptions from the provisions of this article for ambulances transporting patients from a location outside the city into the city, ambulances transporting patients only passing through the city, ambulances requested by the city to respond to an emergency, or ambulances that have already received a permit, for the duration of that permit. (Ord. No. 10-05, exh. A, 1-26-2010) Sec. 114-33. Ambulance agreement. (a) Application. Every person, partnership or corporation desiring to obtain an ambulance agreement shall submit a 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 an entity 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 $2,000.00. (c) No permit holder shall be allowed to transfer a permit to another entity without prior approval of city council. (d) The Fire Chief may issue a temporary ambulance provider permit for up to 90 days if there is an immediate need for additional EMS transport within the city. (1) All minimum requirements as outlined shall be met to meet temporary eligibility requirements. (2)Ambulance inspection conducted by the Fire Chief or designee shall be completed before transportation operations are initiated. (3). The temporary ambulance provider shall have an EMD-capable dispatch system in a location deemed acceptable for temporary operations by the Fire Chief (4). Response time criteria shall be monitored beginning on day 45. (5) At the end of the 90 days, or if the permit holder is issued a permit by the city, or the permit holder is unable or unwilling to abide by all requirements in this article,the temporary transport provided permit shall be voided. (e)Additional requirements. A permit holder agrees to satisfy the following provisions: (1) The permit holder agrees to furnish the following in case the permit holder ceases to provide full-time emergency ambulance services to the citizens of the city: a. The permit holder agrees to immediately allow the city to take possession and to use up to five of the permit holder 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 permit holder as to the amount of lease payments the city considers to be the fair market lease value. (2) The permit holder shall have a dispatch system as denoted below that has the following specifications and uses or, substantially meets criteria, 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. The permit holder shall have the ability to talk to the Port Arthur Fire Department dispatch and individual apparatus. c. Telephone equipment: System shall 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. Uninterrupted Power Supply (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. All call-taking and communications audio shall be available to the Port Arthur Fire Department within 12 hours of a formal request for recordings. 3. All calls shall be stored and recorded for one year following the date the calls were initiated. 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 Insurance Service Organization(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. 1. EMD certified dispatchers and dispatch system shall determine appropriate response level to emergency calls. m. The permit holder shall have a physical dispatch location within the boundaries of the Southeast Texas Regional Planning Commission—Council of Government. (3) The permit holder agrees to provide for the arrival of an MICU capable ambulance and a paramedic within 480 seconds travel time for a compliance rate of at least 90 percent of emergency calls. For calls that are non-emergency or downgraded to non-emergency response,the minimum response time shall be 960 seconds time travel for a compliance rate of at least 90 percent of non-emergency or downgraded to non-emergency calls. Compliance with response times to be evaluated on a monthly basis. Travel times will start when the responding ambulance and paramedic receive notification from the permit holder's dispatch center and will terminate when the ambulance and paramedic have arrived at the incident. The permit holder 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 emergency calls and not more than 90 seconds for at least 99 percent of the calls represented as emergency calls. Call processing time will begin when the provider's dispatch center picks-up on the call and will terminate when the permit holder's responding units receive first notification. (4) The permit holder agrees to furnish Port Arthur dispatch notification of expected extended response times and "level zero"conditions when there are no available MICU capable ambulances within the boundaries of the City of Port Arthur. (5) The permit holder agrees that it will have a turnout time of no more than 60 seconds. Turnout time is a measurable time segment beginning when the emergency response unit is notified of an EMS incident and will end at the beginning point of travel time. (6) The permit holder agrees to furnish a staffed ambulance with Paramedic to all major scene standbys, such as Structure Fires or Hazardous Materials Incidents, and who shall report to the Incident Commander. The staffed ambulance and Paramedic shall manage all medical and firefighter rehabilitation operations. A replacement staffed ambulance shall be dispatched to major scene standbys in the event the initial unit or subsequent units transport patients to the hospital. (7) The permit holder 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 response time will conclude when both the Paramedic and MICU-capable ambulance arrives on the scene. (8) The permit holder agrees to furnish backup assistance to all other permitted entities; however, the permit holder 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 permit holder shall abide by the restrictions. (9) EMS transfer request response time averages shall not exceed 30 minutes. The emergency hospital to hospital transfers response time shall start when the EMS permit holder 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. In the event an EMS permit holder's response time is in excess of 30 minutes, the permitted permit holder may enlist transport from a proxy service. Any complaints regarding transfer operations should be directed to the Fire Chief. These services are reasonably necessary to protect the public health pursuant to V.T.C.A., Health Safety Code § 121.003. (10)The permit holder shall participate in any Post Incident Analysis(PIA)sessions initiated by the Port Arthur Fire Department as a means to assess operations for learning and improvement.The permit holder agrees to send personnel on scene at the incident to the PIA at no cost to the city. (11) The permit holder shall participate in monthly Quality Assurance/Quality Improvement (QA/QI)meetings with Port Arthur Fire Department. (Ord. No. 10-05, exh. A, 1-26-2010; Ord. No. 18-73, § 2(Exh. A), 12-4-2018) Sec. 114-34. Conditions for issuance of ambulance agreement. No ambulance agreement shall be entered into unless the following conditions are satisfied and the agreement is authorized by the city council: (1) Insurance. There is in full force and effect a policy of insurance, issued by insurance companies authorized to do business in the state and in the standard forms approved by the state board of insurance, with coverage provisions in amounts no less than the following: a. Commercial general liability insurance in an amount not less than$500,000.00; b. Comprehensive automobile liability insurance in an amount not less than $500,000.00; c. Medical malpractice insurance in an amount not less than$500,000.00; d. Liability insurance coverages required under this section may be arranged under single policies for the full limits required or by a combination of underlying policies with the balance provided by an excess or umbrella liability policy.Every insurance policy required under this article shall remain in effect for the time period to be covered by the agreement, and the insurers shall be obligated by the certificate of insurance filed with the city secretary to give not less than 30 days' written notice to the city secretary before any modification, cancellation or other termination of any such policy. (2) Taxes. The applicant owes no delinquent taxes to the city. (3) State license. The applicant has been issued a license by the department of state health services as an emergency medical services provider. (4) Other requirements. The applicant has received a determination by majority vote of the city council, that it is in the best interests of the citizens of the city that an ambulance agreement is authorized. (5) State certificate or license. The ambulance shall at all times of operation be operated by personnel licensed or certified by the department of state health services. (6) Dispatch. The applicant staffs and operates a radio and telecommunications ambulance dispatch facility, which uses an emergency medical dispatch system, 24 hours per day to receive emergency calls and, as appropriate, to dispatch an ambulance to respond to emergency calls. (7) Minimum number of ambulances. The applicant agrees to maintain the response, capabilities specified in subsections 114-33(c)(3) and(4). (8) National Incident Management System. The applicant agrees to follow the National Incident Management System as established by Port Arthur Fire Department's Incident Command System. (b) Any ambulance provider operating in the City of Port Arthur shall enter into a First Responder Organization Service Agreement with Port Arthur Fire Department,in accordance with Texas Department of State Health Services (TDSHS)requirements. (Ord. No. 10-05, exh. A, 1-26-2010) Sec. 114-35. Equipment; inspection. (a) Initial inspection, equipment required. Prior to the initial use and operation of any vehicles as an ambulance, the vehicle and the dispatch office shall be thoroughly examined and inspected by the fire department, and found to comply with the equipment requirements of state, federal and local statutes, regulations, rules and ordinances, and the provider's state- approved protocols. Furthermore, the ambulance companies will also have the following equipment on their ambulances: (1) Fire extinguisher(mounted and accessible). (2) No smoking signs (one in patient compartment and one in cab). (3) One copy"Emergency Response Guide Book". (4) Medical protocols with a medical supervisor's signature. (5) An ambulance inspection permit displayed on a window of the unit. (b) Annual and periodic inspections. Every ambulance operating under this article shall be subject to inspection at any time by the fire chief or his designee and shall be inspected at least once every year. During any inspection, all ambulance makes, models, motor numbers and correct state license plate numbers will be provided to the inspectors. The fire chief may enter into cooperative ambulance inspection arrangements with other local governmental entities for an annual inspection. In the case of periodic, nonannual inspections, designated fire department employees who observe permit, equipment, supplies, staffing or sanitation violations may issue a citation for liquidated damages. (c) No ambulance which is unsafe or in any way unsuitable for ambulance service shall be operated. (d) Every EMS vehicle 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 radio equipment capable of communication with the city fire department. Each EMS unit providing service to the city will be equipped with a mobile radio. The EMS vehicles shall call enroute and on scene, and provide pertinent call updates on all 911 and medical emergencies. (Ord.No. 10-05, exh. A, 1-26-2010) Sec. 114-36. Personnel. Every ambulance permitted under this article,when transporting patients,shall be staffed with personnel certified by the department of state health services. (Ord. No. 10-05, exh. A, 1-26-2010) Sec. 114-37. Transport of injured or ill persons. (a) Ambulances shall be required to transport patients in a prompt and safe manner. It shall be unlawful to operate or drive an ambulance on an emergency call on the public streets of the city at a rate of speed of more than ten miles per hour in excess of the legal speed limit. (b) It shall be unlawful to operate or drive an ambulance on an emergency call in excess of ten 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. (Ord.No. 10-05, exh. A, 1-26-2010) Sec. 114-38. Personnel identification. 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 state department of health certification, i.e., ECA, EMT, EMT-I or EMT-P. (Ord.No. 10-05, exh. A, 1-26-2010) Sec. 114-39. Revocation of ambulance agreement. The city council, prior to the revocation of any ambulance agreement, shall set a time and place for a hearing on such revocation. The city secretary shall be directed to give written notice to the ambulance company by registered mail at least 15 days prior to the date set for such hearing. The following shall be grounds for revocation of an ambulance agreement by the city council: (1) The ambulance company has violated any provision of this article; (2) The ambulance company is failing to comply and maintain such ambulances in compliance with the requirements set forth in section 114-35, providing for certain equipment; (3) The ambulance company has violated city ordinances with respect to the operation and maintenance of its business; (4) That the ambulance agreement was obtained by fraud or misrepresentation; (5) The ambulance company has failed to maintain the interior and equipment of the vehicles; (6) The ambulance company has failed to maintain the required response times; (7) The ambulance company has failed to produce records for an audit; (8) The ambulance company has failed to pay fees or liquidated damages to the city or has otherwise violated the agreement; or (9) The ambulance company has fallen below state, federal and local laws, regulations and rules in providing ambulance service. (Ord.No. 10-05, e)dh. A, 1-26-2010) Sec. 114-40. 911 emergency rotation system; refusal to render service. (a) Each ambulance company shall respond to all 911 calls referred by the fire department during the company's shift and shall provide adequate ambulances, dispatch facilities, and staffing to respond to such calls. Violation of this provision shall subject the company to revocation of agreement. (b) It shall be unlawful for any ambulance service operator to refuse to render emergency medical service after responding to an emergency call for such service. (Ord. No. 10-05, exh. A, 1-26-2010) Sec. 114-41.Ambulance company reports. 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 (Ord. No. 10-05, exh. A, 1-26-2010) 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 permit holder by accepting the issued permit agrees to the following schedule of liquidated damages: (1) For failure to meet the response time requirements specified in section 114-33,when the percentages are averaged for a calendar-month, liquidated damages of$2,000.00 shall be assessed for any average below 90 percent. (2) For failure to meet the response time requirements specified in section 114-33 for two consecutive calendars months on a minimum of 90 percent of emergency calls,the EMS permit holder shall be assessed liquidated damages of$3,000.00 for each percentage below the 90 percent level. Each additional month of non-compliance thereafter will result in an additional liquidated damages of$1,000 per percentage point below the 90 percent level. (3) For failure to meet the response time requirements specified in section 114-33, when the percentages are averaged for a three calendar month period, liquidated damages of $4,000.00 shall be assessed for any average over 30 minutes. Additional liquidated damages of$2000.00 shall be assessed for each additional minute, or part thereof, over the specified level of response time. (4) For failure to meet the response time requirements specified in section 114-33 for two consecutive months on a minimum of 90 percent of non-emergency calls, the EMS permit holder shall be assessed liquidated damages of$4,000.00 for each percentage below the 90 percent level. Each additional month of non-compliance will result in additional liquidated damages of$1,000.00 per percentage point below the 90 percent level. (5) For any ambulance unit providing service in the city found to be noncompliant with the permit, equipment, staffing, supplies or sanitation requirements of federal statutes, state statutes,local ordinances and contract requirements,liquidated damages of$500.00 shall be assessed per incident. (6) If a MICU ambulance and paramedic has an extended response time of more than 15 minutes to any emergency call, liquidated damages of $1,000.00 will assessed per incident. (7) If a MICU ambulance and paramedic has an extended response time of more than 20 minutes to any non-emergency call, an additional liquidated damage of $250.00 will assessed per incident. (8) The EMS permit holder shall provide the Fire Chief response time analysis of the previous calendar month by the 15th of the following month. A liquidated damage of $500.00 will be assessed if response time analysis is not made available to the Fire Chief by the 15th of the following month. (b) Written notice of any liquidated damages assessed shall be given to the EMS permit holder in a timely manner. (c) The EMS permit holder 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 permit holder to consider the matter and issue a decision within thirty(30) business days of the appeal. The decision of the Fire Chief shall be final. (e) When liquidated damages are assessed, the EMS permit holder 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 full amount assessed. (f) The collection of liquidated damage, 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. Sec. 114-43. Suspension and termination of permits. (a) The fire chief or designee shall have the right to suspend an EMS permit holder's permit to operate in the city service area if the EMS permit holder is in violation of this article and/or creates an imminent danger to the public health or safety. (b) The emergency suspension is effective immediately upon notice to the EMS permit holder, and will remain in effect until the permit holder is in compliance with all provisions of this article and/or the permit holder no longer creates an imminent danger to the public health or safety. .The fire chief or his designee will make the determination when or if the EMS permit holder has duly satisfied the requirements for the EMS permit holder's permit to be returned to active status. (c) A permit may be terminated if the EMS permit holder: (1) Fails to operate the ambulance service in such a way that enables the EMS permit holder to remain in compliance with the requirements of this article and the applicable state, and local laws, rules, and regulations. (2) Falsifies any information provided in their application, requested data, documents, or during any investigations being conducted by the city; (3) Fails to maintain vehicles and equipment in such a way as to insure the ability of the EMS permit holder to respond, treat, and transport crews or patients to and/or from medical scenes in a safe expedient manner. (4) Fails to meet response time requirements for more than three months during any 12- month period. (5) Fails to pay assessed liquidated damages in a timely manner. (6) Fails to transport any person in medically necessary circumstances; (7) The EMS permit holder or employee of the EMS permit holder engages in deceptive business practices or illegal activities while using the permitted ambulance for such activity; or (8) The EMS permit holder fails to maintain valid and/or current registration and inspection stickers. (d) The fire chief shall review any emergency suspensions and decide if the incident should go before the Port Arthur City Council for review for termination. If the fire chief finds the permit should be terminated,it will be referred to the Port Arthur City Council for review and determination. The determination of the Port Arthur City Council findings will be final. (e) If the Port Arthur City Council finds an EMS provider is in violation and revokes its permit, such revocation shall be effective immediately. Sec. 114-44.Indemnity. (a) Independent of the requirement to provide insurance, each EMS provider must indemnify, hold harmless and defend the city,its officers,agents and employees from and against liability for any and all claims, liens, suits, demands, and/or actions for damages, injuries to persons (including death), property damage (including loss of use), and expenses, including court costs and attorney's fees and other reasonable costs arising out of the EMS transport provider's work and/or activities conducted in connection with this ordinance, including all causes of action based upon common law, constitutional, or statutory law, or based in whole or in part upon the negligent or intentional acts or omissions of the EMS Permit holder, its officers, agents, employees, subcontractors, licensees, invitees, and other persons. (b) The indemnity does not apply to liability caused solely by the emergency medical assistance rendered by city personnel. (c) In any action based on an allegation of joint negligence on the part of the EMS provider and city, each party shall only be responsible for that portion or percentage of any damages awarded which is directly attributable to the negligence of that party. The city and the EMS permit holder must furnish the other prompt and timely notice of any event covered by this article which in any way affects or might affect the EMS permit holder or city, and the city has the right to compromise and defend the same to the extent of its own interests.