HomeMy WebLinkAboutPR 24637: NON-EXCLUSIVE AMBULANCE SERVICE AGREEMENT WITH VIKING ENTERPRISE D/B/A CITY AMBULANCE SERVICE, INC. 0
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INTEROFFICE MEMORANDUM
Date: November 7, 2025
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager, CPM
RE: PR 24637 — Authorization to Execute a Non-Exclusive Ambulance Service
Agreement with Viking Enterprise d/b/a City Ambulance Service, Inc
Introduction:
The purpose of this item is to authorize the City Manager to execute a Non-Exclusive Ambulance
Service Agreement with Viking Enterprise d/b/a City Ambulance Service, Inc. ("City
Ambulance Service") for the provision of emergency medical services within the City of Port
Arthur.
Background:
Pursuant to Section 114-34 of the City of Port Arthur Code of Ordinances,an ambulance service
agreement may only be approved upon a determination by majority vote of the City Council that
such authorization serves the best interests of the citizens of Port Arthur.
The City of Port Arthur initiated a Request for Qualifications(RFQ)process to identify qualified
emergency medical service providers capable of delivering timely, professional, and efficient
ambulance services to the community. Viking Enterprise d/b/a City Ambulance Service, Inc.
submitted a proposal in response to the RFQ.
Under Section 773.051 of the Texas Health and Safety Code, the City retains authority to
regulate emergency medical service providers within its jurisdiction. Accordingly, this
agreement will formalize the City's authorization for City Ambulance Service to operate as a
non-exclusive ambulance provider within the corporate limits of the City of Port Arthur. The
agreement will not create an exclusive franchise.
Recommendation:
The proposed Non-Exclusive Ambulance Service Agreement ensures that:
• The City retains full regulatory oversight and enforcement authority consistent with state
law and municipal ordinance.
• The provider maintains compliance with all applicable local, state, and federal standards
governing EMS operations.
It is recommended that the City Council approve the attached Resolution Authorizing the City
Manager to Execute a Non-Exclusive Ambulance Service Agreement with Viking Enterprise
d/b/a City Ambulance Service, Inc., in substantially the same form as attached hereto as Exhibit
“B DD
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
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That the term of said Agreement shall commence on December 1,2025, at 12:00 a.m. CST, and
shall expire on November 30, 2026 at 11:59 p.m. CST,for an initial period of one (1)year, with
the option to renew for up to three (3) additional one-year terms, subject to the mutual written
agreement of the parties, unless otherwise extended or terminated in accordance with its
provisions.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
11/12/25,4:36 PM Mail-Roxann Cotroneo-Outlook
Outlook
[NON-CoPA] Request for Modification to Ambulance Ordinance §25-28
From Andre Ruby <andre@cityambu.com>
Date Wed 11/12/2025 4:02 PM
To Gwen Thibodeaux <gwen.thibodeaux@portarthurtx.gov>; Roxann Cotroneo
<roxann.cotroneo@portarthurtx.gov>
Cc Harold Doucet <hdoucet@portarthurtx.gov>; Thomas Kinlaw <thomas.kinlaw@portarthurtx.gov>; Dean
Harryman <dean@cityambu.com>; Moe Massoud <moe@cityambu.com>; Alex Fawaz <alex@cityambu.com>
Subject: Request for Modification to Ambulance Ordinance §25-28
Andre Ruby
Vice President of Administration
7111 Five Forks Drive
Spring Texas 77379
andre@cityambu.com
563-499-5978
Date: 11/12/2025
City Attorney
City of Port Arthur
444 4th Street
Port Arthur, TX 77640
Subject: Request for Modification to Ambulance Ordinance §25-28
Dear City Attorney,
I am writing to respectfully request a review and modification of the City of Port Arthur Ambulance
Ordinance §25-28, specifically the requirement that ambulance service providers maintain a dispatch
center within the Council of Governments (COG) region.
This provision presents a substantial and unnecessary financial burden on providers without enhancing
the quality, safety, or timeliness of emergency medical response for the residents of Port Arthur. With
current technology and communication infrastructure, ambulance dispatch operations can be effectively
managed from centralized locations while maintaining compliance with all response time and safety
standards. Eliminating the requirement for a local dispatch center would reduce costs and improve
operational efficiency without compromising the standard of care.
In light of these considerations, I respectfully request that the proposed amendment to Ordinance §25-
28 be placed on the agenda and considered in conjunction with the contract action scheduled for the
City Council meeting on November 18, 2025. Aligning these actions would promote consistency and
ensure that any contractual decisions are made in accordance with the most current and practical
regulatory framework.
https://outlook.office.com/mail/inbox/id/AAQkADgzMzQ3MGJILTRkYjYtNGZhNy1 hODAOLWQ4MDhiNGMONDMxYQAQAJ51KBr5xGVKvm%2BUN6FP... 1/3
11/12/25,4:36 PM Mail-Roxann Cotroneo-Outlook
Thank you for your attention to this matter and for your continued commitment to ensuring effective
and efficient emergency medical services for the citizens of Port Arthur. I would be pleased to provide
any additional information or participate in further discussions as needed.
Sincerely,
Andre Ruby
Vice President of Administration
City Ambulance Service
From: Gwen Thibodeaux<gwen.thibodeaux@portarthurtx.gov>
Sent:Wednesday, November 12, 2025 3:01 PM
To: Andre Ruby<andre@cityambu.com>
Cc: Harold Doucet<hdoucet@portarthurtx.gov>;Thomas Kinlaw<thomas.kinlaw@portarthurtx.gov>; Roxann
Cotroneo<roxann.cotroneo@portarthurtx.gov>
Subject: Ordinance 25-28
Good afternoon:
Per the City Attorney, please find attached a copy of Ordinance No. 25-28.
Sincerely,
Gwen Thibodeaux
GWEN THIBODEAUX
Sr. Legal Assistant
ll';
gwen.thibodeaux@portarthurtx.gov
409.983.8132
LAW DEPARTMENT www.portarthurtx.gov
I
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11/12/25,4:36 PM Mail-Roxann Cotroneo-Outlook
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received electronic mail should be immediately deleted. City Ambulance Service, 2025.
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PR 24637
11/7/2025 TN R
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A NON-EXCLUSIVE AMBULANCE SERVICE
AGREEMENT WITH VIKING ENTERPRISE DB/A CITY
AMBULANCE SERVICE,INC.
WHEREAS, pursuant to Section 114-34 of the Code of Ordinances of the City of Port
Arthur,an ambulance service agreement may only be authorized upon a determination by majority
vote of the City Council that such authorization serves the best interests of the citizens of Port
Arthur; and
WHEREAS,Viking Enterprise d/b/a City Ambulance Service,Inc. ("Permit Holder") has
applied to provide ambulance services within the City of Port Arthur; and
WHEREAS,the Permit Holder has submitted a proposal in response to the City's Request
for Qualifications, together with a Compliance Performance Plan attached hereto as Exhibit D;
and
WHEREAS, the Permit Holder acknowledges that the City of Port Arthur possesses the
authority to regulate emergency medical service providers pursuant to Section 773.051 of the
Texas Health and Safety Code; and
WHEREAS,all parties have entered into this non-exclusive ambulance service agreement
upon full and adequate consideration; and
WHEREAS,the terms and conditions contained in the proposed agreement are determined
to be reasonable,appropriate,and in accordance with applicable law,and are not unduly restrictive
of lawful business operations; and
WHEREAS, this Agreement shall take effect on December 1, 2025, at 12:00 a.m. CST,
for an initial term of one(1)year,and shall expire on November 30,2026,at 11:59 p.m. CST,with
the option to renew for up to three (3) additional one-year terms, subject to the mutual written
agreement of the parties, unless otherwise extended or terminated in accordance with its
provisions; and,
WHEREAS, the City Council further finds and determines that authorizing a Non-
Exclusive Ambulance Service Agreement with Viking Enterprise d/b/a City Ambulance Service,
Inc. is in the best interests of the citizens of the City of Port Arthur.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR,TEXAS:
Section 1. That the findings and recitals set forth in the preamble of this Resolution are
hereby found to be true and correct and are incorporated herein for all purposes.
PR 24637
11/7/2025 TN R
Section 2. That the City Manager is hereby authorized to execute a Non-Exclusive
Ambulance Service Agreement with Viking Enterprise d/b/a City Ambulance Service, Inc., in
substantially the same form as attached hereto as Exhibit "B", together with a Compliance
Performance Plan attached hereto as Exhibit"D."
Section 3. That the term of the Agreement shall take effect on December 1, 2025, at 12:00
a.m.CST,for an initial term of one(1)year, and shall expire on November 30, 2026,at 11:59 p.m.
CST,with the option to renew for up to three (3) additional one-year terms, subject to the mutual
written agreement of the parties, unless otherwise extended or terminated in accordance with its
provisions.
Section 4. That a copy of the caption of this Resolution shall be spread upon the Minutes
of the City Council of the City of Port Arthur.
READ,ADOPTED AND APPROVED this the day of A.D.
2025, at a meeting of the City of Port Arthur, Texas, by the following vote:
Ayes: Mayor:
Councilmembers:
Noes:
Charlotte M. Moses
Mayor
ATTEST:
Sherri Bellard, TRMC
City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo, Esq.
City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, CPM
City Manager
Exhibit B:
Non-Exclusive Ambulance Service Agreement
CITY OF PORT ARTHUR
NON-EXCLUSIVE AMBULANCE SERVICES AGREEMENT
WITH VIKING ENTERPRISE D.B.A CITY AMBULANCE SERVICE,INC
ARTICLE I. AUTHORITY AND PURPOSE
This Non-Exclusive Ambulance Services Agreement (hereinafter, the "Agreement") is entered
into on this 1st day of December 2025, by and between the City of Port Arthur (hereinafter, the
"City") and Viking Enterprise d/b/a City Ambulance Service, Inc. (hereinafter, the "Permit
Holder").
WHEREAS,the Permit Holder has applied to provide ambulance services within the City
of Port Arthur; and
WHEREAS,the Permit Holder has submitted a proposal in response to the City's Request
for Qualifications, together with a Compliance Performance Plan attached hereto as Exhibit D;
and
WHEREAS, the City is authorized to regulate emergency medical service providers
pursuant to Section 773.051 of the Texas Health and Safety Code and Chapter 114 of the City of
Port Arthur Code of Ordinances,attached hereto as Exhibit C; and
WHEREAS,the parties agree that the following terms are reasonable, appropriate, legal,
and not unduly restrictive of business activities.
WHEREAS, the City Council, by Resolution No. , approved this Agreement as
being in the best interests of the citizens of Port Arthur, contingent upon the Permit Holder
complying with the conditions outlined in this Agreement, approves the Permit Holder as a non-
exclusive ambulance service provider within the City of Port Arthur.
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
ARTICLE II. TERM AND RENEWAL
Section 2.1. This Agreement shall take effect on December 1, 2025, at 12:00 a.m. CST,
for an initial term of one(1)year,and shall expire on November 30,2026,at 11:59 p.m. CST,with
the option to renew for up to three (3) additional one-year terms, subject to the mutual written
Non-exclusive ambulance agreement DRAFT 11/12/2025 5:00 p.m.
Page 1
agreement of the parties, unless otherwise extended or terminated in accordance with its
provisions. A certified copy of the City Council's approval is attached as Exhibit A.
ARTICLE III. OPERATIONAL REQUIREMENTS
Section 3.1. Permit Holder will maintain fully staffed MICU-capable ambulances that
are strategically located throughout the City of Port Arthur, or where there is more than one (1)
provider, strategically located throughout an assigned district on a shift-to-shift basis.
Section 3.2. The Permit Holder shall respond to all Priority One calls with a MICU-
capable ambulance staffed with at least one paramedic. For all other calls, as defined in Section
114-31 of the Code of Ordinances, the Permit Holder shall respond with a MICU-capable
ambulance staffed with a minimum of two (2) Emergency Medical Technicians.
Section 3.3. Pursuant to Section 114-36 of the Code of Ordinances, every ambulance
permitted under this Agreement, when transporting patients, shall be staffed with personnel
certified by the Department of State Health Services.
Section 3.4. No ambulance, which is unsafe or in any way unsuitable for ambulance
service, shall be used to fulfill any of the Permit Holder's obligations under this Agreement.
Section 3.5. 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-A,
or Paramedic.
Section 3.6.The Permit Holder shall respond to all 911 calls referred by the fire department
during the Permit Holder's shift and shall provide adequate ambulances and staffing to respond to
such calls. Violation of this provision shall subject the Permit Holders to the revocation of the
agreement.
Section 3.7. Every ambulance shall be equipped with the equipment and supplies
required by state, federal, and local statutes, regulations, rules, Permit Holder state-approved
protocols, and as specifically delineated in Chapter 114 of the City of Port Arthur's Code of
Ordinances. Every ambulance shall be subject to annual and periodic inspections as delineated in
Non-exclusive ambulance agreement DRAFT 11/12/2025 5:00 p.m.
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Section 114-35 of the City of Port Arthur's Code of Ordinances.
Section 3.8. Every EMS vehicle of the Permit Holder 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 Permit Holder 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 3.9. 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: The Permit
Holder agrees to immediately allow the city to take possession and to use up to five of the Permit
Holder'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 regarding
the fair market value,the city will retain possession and use of the ambulances for six months. The
issue of 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 for the amount of lease payments the city considers to be the fair market lease value.
Section 3.10. Initial inspection: equipment required. Prior to the initial use and operation
of any vehicles as an ambulance,the vehicle and the dispatch facility 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 the patient compartment and one in the cab).
(3) One copy of"Emergency Response Guidebook."
Non-exclusive ambulance agreement DRAFT 11/12/2025 5:00 p.m.
Page 3
(4) Medical protocols with a medical supervisor's signature.
(5) An ambulance inspection permit displayed on a window of the unit.
(6) Stair chair for transporting patients on stairs and narrow spaces.
Section 3.11. Annual and periodic inspections. Every ambulance operating under this
Agreement 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.
Section 3.12. The Permit Holder 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, tornadoes, 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 the call load exceeds the norm for the same time period
averaged for the past 72 hours.
Section 3.13. Subject to Section 3.12 above, the Permit Holder shall respond to all
emergency calls referred by the fire department and shall provide adequate ambulances, dispatch
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Page 4
facilities, and staffing to respond to such calls. Violation of this provision shall subject the Permit
Holder to revocation of the agreement.
Section 3.14. The Permit Holder agrees to provide for the arrival of a 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 is 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 facility 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 facility picks up the call and will terminate when the Permit Holder's
responding units receive first notification.
Section 3.15.The Permit Holder agrees to furnish the city 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.
Section 3.16. The Permit Holder agrees to a turnout time of no more than 80 seconds as
pertaining to NFPA Standard 1710. Turnout time is a measurable time segment beginning when
the emergency response unit is notified of an EMS incident and ending at the beginning point of
travel time.
Section 3.17. The Permit Holder agrees to furnish a staffed ambulance with a 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 paramedics 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.
Non-exclusive ambulance agreement DRAFT 11/12/2025 5:00 p.m.
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Section 3.18. 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 arrive on the scene.
Section 3.19. 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.
Section 3.20. 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 Texas Health Safety Code § 121.003.
Section 3.21. The Permit Holder shall participate in any post-incident analysis (PIA)
sessions initiated by the city fire department as a means to assess operations for learning and
improvement. The Permit Holder agrees to send personnel to the scene of the incident to the PIA
at no cost to the City.
Section 3.22. The Permit Holder shall participate in monthly Quality Assurance/Quality
Improvement (QA/QI) meetings with the Port Arthur Fire Department.
Section 3.23. The Permit Holder shall have a dispatch facility as denoted below that has
the following specifications and uses or, substantially,meets criteria,as approved by the fire chief:
a. Dispatch Facility.
1. Three active and three standby dispatch consoles, each complete with radio
equipment.
2. CPU networked to the server, containing dispatch software and a video
monitor.
Non-exclusive ambulance agreement DRAFT 11/12/2025 5:00 p.m.
Page 6
3. Maps of all areas covered in case of computer failure.
b. Radio equipment.
1. Radio frequency is not public.
2. The Permit Holder shall have the ability to talk to the city fire department
dispatch and individual apparatus.
c. Telephone equipment. The system shall be able to transfer calls and handle a
telebranch of at least 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 a power time of 15 minutes or more.
e. Backup generators. Reliable backup generators should be able to operate the
dispatch facility and the information technology room without relying on public utility power.
f. Recorders.
1. All communications shall be recorded.
2. All call-taking and communications audio shall be available to the city 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 a service contract providing the same support.
h. Disaster plans. Disaster recovery plans in the event of a flood, fire, storm, or any
other act of God.
i. The dispatch facility provides a redundant radio system for the Insurance Service
Organization(ISO)rating of the city.
j. The dispatch facility can be used by the city at no cost in case of an emergency.
k. The dispatch facility must be able to receive local calls without any long-distance
cost or inconvenience to the citizens of the city.
1. EMD-certified dispatchers and the dispatch facility shall determine the appropriate
response level to emergency calls.
Non-exclusive ambulance agreement DRAFT 11/12/2025 5:00 p.m.
Page 7
m. The Permit Holder shall have a physical dispatch facility within the boundaries of
the Southeast Texas Regional Planning Commission—Council of Government.
ARTICLE IV. VEHICLE OPERATION AND SAFETY
Section 4.1. Every ambulance shall be equipped with the equipment and supplies
required by state, federal, and local statutes, regulations, rules, Permit Holder state-approved
protocols, and as specifically delineated in Chapter 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 4.2. 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.
Section 4.3. 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.
ARTICLE V. REPORTING AND RECORDKEEPING
Section 5.1. The Permit Holder 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 EMS Permit Holder shall provide
the Fire Chief a report of the previous month's response times by the 5th day of the following
month. 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 5.2. The books and records of the Permit Holder, with regard to response times,
rates, accounting/financial practices, and complaints, shall be subject to confidential audit by the
City. The Permit Holder shall produce to the City any correspondence or pleadings that allege that
Non-exclusive ambulance agreement DRAFT 11/12/2025 5:00 p.m.
Page 8
the Permit Holder has violated any regulation, ordinance, statute, Generally Accepted Accounting
Practices (GAAP), or industry standards in the provision of services under this Agreement.
Section 5.3. The Permit Holder shall comply with all federal, state,and local regulations,
ordinances, and statutes in the provision of ambulance services and shall comply with Generally
Accepted Accounting Practices (GAAP) in their accounting and financial practices.
Section 5.4. When the Permit Holder applied for a permit, they provided the City with
information indicating that they had the necessary equipment,personnel, and financial capacity or
credit to provide ambulance service in the City of Port Arthur during the term of this agreement.
The Permit Holder shall provide interim reports to the City as reasonably requested as to the status
of its equipment, personnel, financial capacity, and financial credit. The Permit Holder shall also
provide audited financials within 60 days of the end of the Permit Holder's fiscal year. The Permit
Holder 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 Permit Holder terminates
ambulance service in the City of Port Arthur without providing 60 days' notice and without
providing ambulances as denoted in Section 114-33 of the Code of Ordinances, then the Permit
Holder shall pay the City of Port Arthur a fee of$100,000.
ARTICLE VI. LIQUIDATED DAMAGES AND ENFORCEMENT
Section 6.1. The city recognizes that violations of this Agreement may result in damages
that are uncertain and difficult to quantify. Accordingly, as a condition of accepting an EMS
permit, the Permit Holder agrees to the following liquidated damages provisions:
(1) The assessment of all liquidated damages under this agreement shall be
determined exclusively using data obtained from the City of Port Arthur's
Computer-Aided Dispatch(CAD) system.
(2) Prior to imposing any liquidated damages, the Port Arthur Fire Chief or their
duly authorized designee shall meet with the EMS Permit Holder to review the
alleged infractions. This process ensures the Permit Holder has an opportunity
Non-exclusive ambulance agreement DRAFT 11/12/2025 5:00 p.m.
Page 9
to present relevant information and/or contest the validity of the alleged
violations before a final determination is made.
(3) If,following this conference,the Fire Chief determines that liquidated damages
are warranted,the EMS Permit Holder shall have a single opportunity to appeal
the assessment to the City Manager. This appellate process shall be available
for each instance in which the Fire Chief seeks to impose liquidated damages.
(4) If the City Manager determines that the liquidated damages assessed by the Fire
Chief are justified, the EMS Permit Holder shall be entitled to a single
opportunity to appeal the assessment to the City Council. This right of appeal
shall apply to each separate instance in which the Fire Chief seeks to impose
liquidated damages.
(5) 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.
(6) For failure to meet the response time requirements specified in section 114-33
for two consecutive calendar 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.
(7) 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$2,000.00 shall be assessed for each
additional minute, or part thereof, over the specified level of response time.
(8) 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
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Page 10
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.
(9) 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 Agreement requirements,
liquidated damages of$500.00 shall be assessed per incident.
(10) If a MICU ambulance and paramedic have an extended response time of
more than 15 minutes to any emergency call, liquidated damages of$1,000.00
will be assessed per incident.
(11) If a MICU ambulance and paramedic have an extended response time of
more than 20 minutes to any non-emergency call, an additional liquidated
damage of$250.00 will be assessed per incident.
(12) A liquidated damage of $500.00 will be assessed if the response time
analysis is not made available to the fire chief by the 5th of the following month.
Section 6.2. Written notice of any liquidated damage assessed shall be given to the EMS
Permit Holder in a timely manner. The EMS Permit Holder will have ten business days from
receipt of the notice to appeal the assessment to the fire chief.
ARTICLE VII. ENFORCEMENT, TERMINATION, AND CITY RIGHTS
Section 7.1. The Permit Holder will not discriminate based on race, religion, national
origin, or financial status of the injured or ill individual. The Permit Holder must not refuse to
render emergency medical service for all medically necessary transports after responding to an
emergency call for such service.
Section 7.2. 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. It shall also be
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Page 11
a violation of this Agreement for the Permit Holder to charge rates in excess of their usual and
customary charges or to charge for services not rendered.
Section 7.3. 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.
Nevertheless, the ambulance Permit Holder shall be primarily responsible for taking such
precautions as are expected, pursuant to federal, state, and local statutes, 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 Permit Holder
shall furnish the City's fire department with replacement supplies used by the fire department on
medical calls, provided the supplies are of like kind or compatible with those used by the fire
department.
Section 7.4. The Permit Holder shall seek qualified applicants for employment by
advertising in the official newspaper of the City,to give Port Arthur residents a fair opportunity to
apply for employment with the Permit Holder.
Section 7.5. 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 Agreement, 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.
Section 7.6. The indemnity does not apply to liability caused solely by the emergency
medical assistance rendered by city personnel. 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 that is directly attributable to the negligence of that
party.
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Page 12
Section 7.7. The Permit Holder shall maintain insurance as specified in Chapter 114
ARTICLE II. EMERGENCY MEDICAL VEHICLE of the City of Port Arthur's Code of
Ordinances shall comply with all other provisions of the Code. A copy of the required insurance
is attached hereto as Exhibit E.
Section 7.8. No ambulance agreement shall be entered into unless the following
conditions are satisfied and the agreement is authorized by the city council. 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:
1) Commercial general liability insurance in an amount not less than $500,000.00;
2) Comprehensive automobile liability insurance in an amount not less than
$500,000.00;
3) Medical malpractice insurance in an amount not less than $500,000.00;
4) 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 Agreement 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.
5) Should the rates for the required insurance coverage change, the most current
applicable standard will apply at the time of adherence.
Section 7.9. This agreement can be terminated by the City or by the Permit Holder for
any reason with 60 days' written notice. Nevertheless, the City may terminate this Agreement at
any time if the Ambulance Permit Holder violates any term or condition of this Agreement, any
Non-exclusive ambulance agreement DRAFT 11/12/2025 5:00 p.m.
Page 13
provision of Chapter 114, Article II ("Emergency Medical Vehicle") of the Code of Ordinances,
or any other applicable federal or state law.
Section 7.10. 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 Permit Holder 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 Permit Holder has violated any provision of this Agreement;
(2) The Permit Holder 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 Permit Holder 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 Permit Holder has failed to maintain the interior and equipment of the vehicles.
(6) The Permit Holder has failed to maintain the required response times.
(7) The Permit Holder has failed to produce records for an audit.
(8) The Permit Holder has failed to pay fees or liquidated damages to the city or has
otherwise violated the agreement; or
(9) The Permit Holder has fallen below state, federal, and local laws, regulations, and
rules in providing ambulance service.
Section 7.11. 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
Agreement and/or creates an imminent danger to the public health or safety. The emergency
suspension is effective immediately upon notice to the EMS Permit Holder and will remain in
i effect until the Permit Holder is in compliance with all provisions of this Agreement and/or the
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Page 14
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. 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 Agreement 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 ensure the ability of
the EMS Permit Holder to respond, treat, and transport crews or patients to and/or from
medical scenes in a safe and 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
i
(8) The EMS Permit Holder fails to maintain valid and/or current registration and
inspection stickers.
The fire chief shall review any emergency suspensions and decide if the incident should go before
the city council for review for termination. If the fire chief finds that the permit should be
terminated, it will be referred to the city council for review and determination. The determination
of the city council findings will be final. If the city council finds that an EMS provider is in
violation and revokes its permit, such revocation shall be effective immediately.
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Page 15
Section 7.12. In the event of a default by Permit Holder, the City may provide Permit
Holder with a reasonable opportunity to cure, or the City may immediately terminate this
Agreement.The City will give Permit Holder thirty(30)days'written notice setting forth the nature
of the default and an opportunity to cure. In the event of termination,Permit Holder will cooperate
fully and immediately with the City to effect a prompt and orderly transfer of all responsibilities.
Permit Holder may dispute a default asserted by the City; however, such dispute will not delay, in
any manner, the transfer of operations. Permit Holder agrees that all rights and remedies afforded
to the City in the event of termination are reasonable and necessary for the protection of public
health and safety. Permit Holder's cooperation with and support of the City's termination of this
Agreement will not be construed as an admission.
A default is defined as a breach by the Permit Holder of any of its obligations under this
Agreement that materially and adversely affects the performance of services, including, but not
limited to,the protection of public health and safety. It also includes a breach by the Permit Holder
of the City of Port Arthur's Code of Ordinance Chapter 114 - VEHICLES FOR HIRE, State and
Federal law.
ARTICLE VIII. ADMINISTRATION
Section 8.1. This document constitutes the entire agreement between the parties. Any
amendments or changes to this AGREEMENT shall be agreed upon in writing, specifying the
changes(s) and the effective dates(s), and shall be executed by duly authorized representatives of
both parties. Any changes that may result in federal, state, or county laws, regulations, or
ordinances, relating to employment, non-discrimination, drug screening, and patient
confidentiality that occur during the term of this AGREEMENT shall automatically be
incorporated into this AGREEMENT, and compliance with such changes will be required by the
Permit Holder.
Section 8.2. Permit Holder shall maintain a workplace that is free of drugs and alcohol and
shall discourage drug and alcohol abuse by its employees. Employees who are under the influence
of drugs or alcohol on the job compromise the Permit Holder's interest, endanger their own health
and safety and the health and safety of others, and can cause a loss of efficiency, productivity, or
Non-exclusive ambulance agreement DRAFT 11/12/2025 5:00 p.m.
Page 16
a disruptive working environment. As a condition of this AGREEMENT, each Permit Holder
employee must abide by this policy.Permit Holder is required to have a drug-free workplace policy
pursuant to the Federal Drug-Free Workplace Act of 1998, 41 U.S.C., section 701et seq.
Section 8.3. Permit Holder shall not assign its rights or delegate its duties hereunder
without the prior express written authorization of the City. This AGREEMENT is NOT
transferable by Permit Holder to another Permit Holder, entity, corporation, company, business,
or municipality without the prior express written authorization of City.
Section 8.4. Any notice required or permitted by this AGREEMENT shall be in writing
and shall be delivered as follows, with notice deemed given as indicated: (a)by personal delivery,
when delivered personally; (b) by overnight courier, upon written verification of receipt; (c) by
electronic mail (email), upon acknowledgment of email receipt; or (d) by certified or registered
mail, return receipt requested, upon verification of receipt.Notices shall be sent to the following
addresses:
TO CITY: TO THE PERMIT HOLDER:
CITY OF PORT ARTHUR
ATTN: Ron Burton Viking Enterprise/ City Ambulance Service,
Inc.
City Manager Attn: Chief Financial Officer
P. O. Box 1089 P. O. Box####
444 4th Street City, ST #####-####`
Port Arthur, TX 77641-1089
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Page 17
ARTICLE IX.EXECUTION
Section 9.1. This agreement is effective the day of 2025 and shall expire
on the day of 2026.
SIGNED AND AGREED to on the day of , 2025.
CITY OF PORT ARTHUR:
BY:
RON BURTON
CITY MANAGER
SIGNED AND AGREED to on the day of , 2025.
BY:
NAME
TITLE
Non-exclusive ambulance agreement DRAFT 11/12/2025 5:00 p.m.
Page 18
•
Exhibits:
• Exhibit A: City Council Resolution and Approval
• Exhibit B:Non-Exclusive Ambulance Service Agreement
• Exhibit C: Chapter 114 ARTICLE II. EMERGENCY MEDICAL VEHICLE
• Exhibit D: Compliance Performance Plan
• Exhibit E: Insurance Certificates
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Page 19
Exhibit C:
Chapter 114 ARTICLE II. EMERGENCY MEDICAL VEHICLE
PART II-CODE OF ORDINANCES
Chapter 114-VEHICLES FOR HIRE
ARTICLE II. EMERGENCY MEDICAL VEHICLE
ARTICLE IL 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.
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.
Arrive means at the scene of an incident and the vehicle not moving.
Dispatch Facility means a centralized location equipped with the necessary infrastructure,
personnel, and technology to manage and coordinate emergency and non-emergency medical
service calls. This facility must include, but is not limited to, the following: Operational
capabilities, Communication systems, Staffing, Recording and Documentation, Redundancy and
Reliability, Compliance with Standards, Integration with Local Systems, and be located within the
boundaries of the Southeast Texas Regional Planning Commission - Council of Government.
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.
'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.
Port Arthur,Texas,Code of Ordinances Created: 2024-06-24 13:17:07 (EST]
(Supp.No.45)
Page 1 of 16
Pr-
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 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).
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 Texas Administrative Code § 773.046.
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 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 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 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 Texas Administrative Code § 773.048.
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 Texas Administrative Code § 773.047.
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 Texas Administrative Code, § 773.049.
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(Supp. No.45)
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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.
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 Texas
Administrative Code § 773.0495.
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. The city 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
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(Supp.No.45)
Page 3 of 16
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.
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, 911, or other emergency services.
(Ord. No. 10-05, Exh. A, 1-26-2010; Ord. No. 22-69, § 2(Exh. A), 9-27-2022; Ord. No. 23-01, §
2(Exh. A), 1-31-2023)
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; Ord. No. 22-69, § 2(Exh. A), 9-27-2022; Ord. No. 23-01, §
2(Exh. A), 1-31-2023)
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;
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(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) Transfer. No permit holder shall be allowed to transfer a permit to another entity without prior
approval of city council.
(d) Temporary permit. 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
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Page 5 of 16
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 facility as denoted below that has the following
specifications and uses or, substantially meets criteria, as approved by the fire chief:
a. Dispatch Facility.
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 city 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 the
dispatch facility 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 city 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 facilityprovides a redundant radio system for Insurance Service
Organization (ISO) rating of the city.
j. Dispatch facility can be used by the city at no cost in case of an emergency.
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Page 6 of 16
k. The dispatch facility must be able to receive local calls without any long-distance
cost or inconvenience to the citizens of the city.
1. EMD certified dispatchers and dispatch facility shall determine appropriate
response level to emergency calls.
m. The permit holder shall have a physical dispatch facility 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 facility 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 facility 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 the city 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.
(5) The permit holder agrees to a turnout time of no more than 80 seconds as pertaining to
NFPA Standard 1710. Turnout time is a measurable time segment beginning when the
emergency response unit is notified of an EMS incident and ending 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
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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 city 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 the city fire department.
(Ord. No. 10-05, Exh. A, 1-26-2010; Ord. No. 18-73, § 2(Exh. A), 12-4-2018; Ord. No. 22-69, §
2(Exh. A), 9-27-2022; Ord. No. 23-01, § 2(Exh. A), 1-31-2023)
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.
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Should the rates for the required insurance coverage change, the most current
applicable standard will apply at the time of adherence.
(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 of at least four(4) ambulances in service daily,with one extra unit available
as a reserve. If mutual aid or additional resources are accessible, this number might be
adjusted accordingly.
(8) National Incident Management System. The applicant agrees to follow the National
Incident Management System as established by the city fire department's incident
command system.
(b) Any ambulance provider operating in the city shall enter into a first responder organization
service agreement with the city fire department, in accordance with Texas Department of
State Health Services (TDSHS)requirements.
(Ord. No. 10-05, Exh. A, 1-26-2010; Ord. No. 22-69, § 2(Exh. A), 9-27-2022; Ord. No. 23-01, §
2(Exh. A), 1-31-2023)
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 facility 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.
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PF
(5) An ambulance inspection permit displayed on a window of the unit.
(6) Stair chair for transporting patients on stairs and narrow spaces.(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; Ord. No. 22-69, § 2(Exh. A), 9-27-2022; Ord. No. 23-01, §
2(Exh. A), 1-31-2023)
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; Ord. No. 22-69, § 2(Exh. A), 9-27-2022; Ord. No. 23-01, §
2(Exh. A), 1-31-2023)
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; Ord. No. 22-69, § 2(Exh. A), 9-27-2022; Ord. No. 23-01, §
2(Exh. A), 1-31-2023)
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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; Ord. No. 22-69, § 2(Exh. A), 9-27-2022; Ord. No. 23-01, §
2(Exh. A), 1-31-2023)
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, Exh. A, 1-26-2010; Ord. No. 22-69, § 2(Exh. A), 9-27-2022; Ord. No. 23-01, §
2(Exh. A), 1-31-2023)
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.
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(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; Ord. No. 22-69, § 2(Exh. A), 9-27-2022; Ord. No. 23-01, §
2(Exh. A), 1-31-2023)
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 EMS permit holder shall provide the Fire Chief
a report of the previous month's response times by the 5th day of the following month.
(Ord. No. 10-05, Exh. A, 1-26-2010; Ord. No. 22-69, § 2(Exh. A), 9-27-2022; Ord. No. 23-01, §
2(Exh. A), 1-31-2023)
Sec. 114-42. Liquidated damages as remedy.
(a) The city recognizes that violations of this article may result in damages that are uncertain and
difficult to quantify. Accordingly, as a condition of accepting an EMS permit, the permit
holder agrees to the following liquidated damages provisions:
(1) The assessment of all liquidated damages under this agreement shall be determined
exclusively using data obtained from the City of Port Arthur's Computer-Aided Dispatch
(CAD) system.
(2) Prior to imposing any liquidated damages, the Port Arthur Fire Chief or their duly
authorized designee shall meet with the EMS permit holder to review the alleged
infractions. This process ensures the permit holder has an opportunity to present relevant
information and/or contest the validity of the alleged violations before a final
determination is made.
(3) If, following this conference, the Fire Chief determines that liquidated damages are
warranted,the EMS permit holder shall have a single opportunity to appeal the assessment
to the City Manager. This appellate process shall be available for each instance in which
the Fire Chief seeks to impose liquidated damages.
(4) If the City Manager determines that the liquidated damages assessed by the Fire Chief are
justified, the EMS permit holder shall be entitled to a single opportunity to appeal the
assessment to the City Council. This right of appeal shall apply to each separate instance
in which the Fire Chief seeks to impose liquidated damages.
(5) 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.
(6) 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
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Page 12 of 16
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.
(7) 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$2,000.00 shall be assessed for each additional minute, or part thereof, over
the specified level of response time.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
(12) . A liquidated damage of$500.00 will be assessed if response time analysis is not
made available to the fire chief by the 5th 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 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 taking other
action, including action to terminate the EMS provider's permit to operate in the city.
(Ord. No. 10-05, Exh. A, 1-26-2010; Ord. No. 18-73, § 3(Exh. B), 12-4-2018; Ord. No. 22-69, §
2(Exh. A), 9-27-2022; Ord. No. 23-01, § 2(Exh. A), 1-31-2023)
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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
duringanyinvestigations beingconducted by the city.
g
(3) Fails to maintain vehicles and equipment in such a way as to ensure 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 city council for review for termination. If the fire chief finds the permit should be
terminated, it will be referred to the city council for review and determination. The
determination of the city council findings will be final.
If the city council finds an EMS provider is in violation and revokes its permit, such revocation
shall be effective immediately.
(Ord. No. 22-69, § 2(Exh. A), 9-27-2022; Ord. No. 23-01, § 2(Exh. A), 1-31-2023)
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111
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.
(Ord. No. 22-69, § 2(Exh. A), 9-27-2022; Ord. No. 23-01, § 2(Exh. A), 1-31-2023)
Sec. 114-45 Guidelines for Multiple EMS Providers Contracted by the City
If the City of Port Arthur enters contracts with more than one Emergency Medical Service(EMS)
provider to operate within city limits, the following provisions shall govern the allocation of
services:
(a) Monthly Rotation Schedule
(1) All contracted EMS providers shall operate on a rotational schedule basis on monthly
assignments.
(2) Rotations shall commence at 0600 hours on the first day of each calendar month.
(b) District Assignments for Two EMS Providers
(1) The City shall be divided into two service districts: North and South.
(2) Highway 73 shall serve as the dividing line between the North and South districts.
(3) The EMS provider assigned to the North district shall assume responsibility for responding
to incidents occurring on Highway 73
(c) District Assignments for Three or More EMS Providers
(1) In the event three or more EMS providers are contracted, the City shall be divided into
service districts proportional to the total number of providers.
(2) The Fire Chief shall oversee the allocation and delineation of EMS districts among
providers, ensuring equitable distribution of service responsibilities.
(3) All contracted EMS providers will operate on a monthly rotational assignment schedule
(d) Backup and Support Protocols
(1) All contracted EMS providers shall operate as mutual backups for one another.
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Page 15 of 16
(2) In the event any provider reaches "level zero,"indicating no available units to respond to
calls, other contracted providers shall be required to provide backup services as necessary
to maintain uninterrupted emergency response operations.
(e) Scope of Application
(1) The provisions of this section shall apply exclusively to emergency 911 calls dispatched
through the City's emergency communications system.
(2) These guidelines shall not interfere with or restrict private EMS services, including
interfacility transfers or requests for service made directly to private EMS providers by
individuals or entities.
Secs. 114-46-114-70. Reserved.
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Exhibit D:
Compliance Performance Plan
Proposal for Compliance with Ordinance 25-28
Submitted by:Viking Enterprises Inc. d/b/a City Ambulance Service
Date: November 12, 2025
Subject: Implementation of Stair Chair Requirements and Dispatch Facility Development
Options
For: Contract Renewal-City of Port Arthur EMS Services (Effective November 30, 2025)
1. Purpose
This proposal outlines City Ambulance Service's plan to comply with recent amendments to
Chapter 114 (Ord. 25-28),specifically:
-Addition of stair chairs to every permitted ambulance,and
- Establishment of a dispatch facility located within the Southeast Texas Regional Planning
Commission (SETRPC) region.
2. Stair Chair Implementation Plan
City Ambulance Service proposes to equip every ambulance assigned to the City of Port
Arthur with a stair chair within 60 days of contract renewal.
Implementation Timeline
-Weeks 1-2: Finalize vendor quotes and equipment selection.
-Weeks 3-6: Receive deliveries and install units fleet-wide.
-Week 8: Inspection and certification by Fleet and Operations Division.
Funding and Scope
Costs will be borne by City Ambulance Service under the renewed contract term.This
commitment is contingent upon the continued execution of the Port Arthur service
agreement.
3. Dispatch Facility Compliance Options
In recognition of the new definition of"Dispatch Facility"in Ord. 25-28 (§114-33(e)(2)(m)),
City Ambulance Service presents two implementation options for consideration.Each
satisfies the ordinance intent while providing scalable flexibility.
Option 1-Full Construction of Dedicated Dispatch Facility
-Concept:Acquire and develop property within the SETRPC region to build a fully
integrated EMS dispatch center meeting all requirements of Ord. 25-28.
-Scope: Include redundant communications,backup power, IT infrastructure,training
space,and real-time CAD connectivity with Port Arthur Fire and Police Dispatch.
-Timeline: Estimated 5 years from design to commissioning.Although this timeline may
necessarily be extended due to unforeseen circumstances with acquisition of property,
development of property or permit approvals.
-Contingency Clause:This project is contingent upon continuing contract renewal through
completion. If the agreement is terminated or not renewed prior to project completion,City
Ambulance Service may suspend or withdraw from construction.
- Partnership Offer: City Ambulance Service is willing to build this facility for joint use with
the Port Arthur Fire Department and City Ambulance Service dispatch operations under a
mutually approved design and a minimum 20-year lease agreement for fire department use.
Option 2-Shared Dispatch Integration within Port Arthur Police Communications Center
-Concept: Install one to two dedicated EMS/EMD dispatch consoles within the existing
Police Department communications center.
-Timeline: 90-150 days from approval to operational status.
- Benefits:
• Direct, in-person communication between EMS dispatch and Police/Fire dispatch 24/7.
• Rapid implementation and lower cost while meeting the`located within the SETRPC
region"requirement.
-Contingency Clause: If the service agreement is not renewed or extended beyond
construction,City Ambulance Service may withdraw from integration without further
obligation.
4. Request for City Direction
City Ambulance Service requests written confirmation from the City of Port Arthur on which
dispatch facility option the City prefers to pursue under the renewed agreement. Upon
selection, City Ambulance Service will prepare a formal project timeline and budget for joint
approval.
5. Conclusion
City Ambulance Service remains fully committed to meeting the intent and requirements of
Ord. 25-28,ensuring continuity of emergency medical services to the residents of Port
Arthur while implementing fiscally responsible and operationally feasible solutions.
Signatures
Dean Harryman Date
Chief Compliance Officer
I
Exhibit E:
Insurance Certificates