HomeMy WebLinkAboutPR 24721: TO RESCIND RESOLUTION NO. 25-504, AMBULANCE SERVICE AGEEMENT WITH VIKING ENTERPRISE INC. DBA CITY AMBULANCE SERVICE, INC. P.R. No. 24721
12/30/2025 RPC
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ARTHUR, TEXAS,
To RESCIND RESOLUTION No. 25-504 AND AUTHORIZE
THE CITY MANAGER TO EXECUTE A NON-EXCLUSIVE
AMBULANCE SERVICE AGREEMENT WITH VIKING
ENTERPRISE INC.D/B/A CITY AMBULANCE SERVICE,INC.
WHEREAS,pursuant to Section 114-34 of the Code of Ordinances of the City of Port Arthur,Texas,
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,
Texas; and
WHEREAS,Viking Enterprise Inc.d/b/a City Ambulance Service,Inc.("Permit Holder")applied for
and submitted a proposal in response to the City's Request for Qualifications to provide ambulance
services within the City of Port Arthur,Texas ("City"); and
WHEREAS, the Permit Holder acknowledges that the City possesses the authority to regulate
emergency medical service providers pursuant to Section 773.051 of the Texas Health and Safety
Code; and
WHEREAS, pursuant to City Resolution No. 25-504 and on November 18, 2025, the City Council
authorized the City Manager to execute a non-exclusive ambulance agreement with the Permit
Holder in substantially the same form as attached in Resolution No.25-504 to begin on December 1,
2025, at 12:00 a.m. (CST). However, the Permit Holder did not agree to the terms and sought to
continue negotiations; and
WHEREAS,to provide continual emergency ambulance services during the negotiations,the City and
Permit Holder executed a 2nd Amendment to the original agreement to extend services for 30 days.
See Resolution No. 25-506; and
WHEREAS,during continued negotiations,the Parties had to execute a 3rd Amendment to the original
agreement to extend ambulance services for an additional 31 days, which expires on January 31,
2026, at 11:59 p.m. (CST). See Resolution No. 25-559; and
WHEREAS,the Permit Holder and the City have finally agreed to a non-exclusive ambulance service
agreement with full and adequate consideration in the form attached as Exhibit A; and
WHEREAS.the City seeks to rescind Resolution No.25-504 and approve this Resolution to authorize
the City Manager to execute the new Non-Exclusive Ambulance Service Agreement("Agreement")
with the Permit Holder; and
PR No.24721—EMS Ambulance Service Agreement Page 1
WHEREAS, the terms and conditions contained in the 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 February 1, 2026, at 12:00 a.m. (CST)for an initial
term of one(1)year, and shall expire on January 31, 2027, at 11:59 p.m. (CST), with the option to
renew for up to three(3)additional one(1)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 Inc., d/b/a/ City Ambulance Service Inc. is in the best
interest of the City.
NQW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS:
SECTION 1. That the findings and recitals above are true, correct and hereby incorporated for all
purposes.
SECTION 2. That the City Council hereby rescinds Resolution No.25-504 and hereby authorizes
the City Manager to execute a Non-Exclusive Ambulance Service Agreement with Viking Enterprise
Inc.d/b/a City Ambulance Service Inc.,in substantially the same form as attached hereto as Exhibit
A.
SECTION 3. That the term of the Agreement shall take effect on February 1,2026, at 12:00 a.m.
(CST)for an initial term of one(1)year,and shall expire on January 31,2027,at 11:59 p.m. (CST),
with the option to renew for up to three (3) additional one (1) 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 and posted on the City's website in compliance with state law.
READ,ADOPTED AND APPROVED,this day of January,2026 AD,at a Meeting of the City Council
of the City of Port Arthur,Texas by the following vote:
AYES:
Mayor:
Councilmembers:
PR No.24721—EMS Ambulance Service Agreement Page 2
NOES: •
CITY OF PORT ARTHUR, TEXAS
Charlotte M. Moses, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED FOR ADMINISTRATION:
Ronald Burton, City Manager
APPROVED AS TO FORM ONLY:
Roxann Pais Cotroneo, City Attorney
PR No.24721—EMS Ambulance Service Agreement Page 3
EXHIBIT A
•
PR No.24721—EMS Ambulance Service Agreement Page 4
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 as of
February 1, 2026, by and between the City of Port Arthur,Texas("City")and Viking Enterprise Inc.d/b/a City
Ambulance Service, Inc. ("Permit Holder"),collectively known as the Parties.
WHEREAS,the Permit Holder applied to provide ambulance services within the City;and
WHEREAS, the Permit Holder submitted a proposal in response to the City's Request for
Qualifications pertaining to ambulance services;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("Code"),attached as Exhibit A;and
WHEREAS, the City Council of Port Arthur, Texas ("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;and
WHEREAS, the Parties agree that the following terms are reasonable, appropriate, legal and not
unduly restrictive of business activities.
NOW THEREFORE, in consideration of the mutual promises contained herein,the Parties agree as
follows:
ARTICLE II.TERM AND RENEWAL
Section 2.1. This Agreement shall take effect on February 1, 2026, at 12:00 a.m. CST("Effective
Date"), for an initial term of one (1) year, and shall expire on January 31, 2027, 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 this Agreement.
Non-exclusive ambulance agreement
Page 1
ARTICLE III.OPERATIONAL REQUIREMENTS
Section 3.1. The Permit Holder shall maintain fully staffed Mobile Intensive Care Unit (MICU-
capable ambulances) that are strategically located throughout the City, or where there is more than one (1)
ambulance provider, strategically located throughout an assigned district on a shift-to-shift basis, as
reasonably assigned by the City's authorized personnel.
Section 3.2. The Permit Holder shall respond to all priority one calls with a MICU-capable
ambulance staffed with at least one (1) paramedic. For all other calls, as defined in Section 114-33(e)(7) of
the Code,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, every ambulance permitted by this
Agreement shall be staffed with personnel certified by the department of state health services when
transporting patients.
Section 3.4. All ambulances used by the Permit Holder shall comply with the safety criteria for
emergency ambulance services as defined by state law or local ordinances,including the Code.
Section 3.5. Emergency medical personnel employed by the Permit Holder 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 their level of certification (i.e.,
ECA, EMT, EMT-A,or Paramedic)while responding to or engaging in emergency medical services.
Section 3.6. The Permit Holder shall respond to all emergency calls, including 911 calls referred
by the City's fire department, and shall provide adequate ambulances and staffing to respond to such calls.
Violation of this provision shall subject the Permit Holder to the revocation of this Agreement.
Section 3.7. Every ambulance used by the Permit Holder to respond to emergency situations in
the City shall be equipped with the equipment and supplies required by state, federal, and local statutes,
regulations, rules,the Permit Holder's state-approved protocols, and as specifically delineated in the Code.
Every ambulance shall be subject to annual and periodic inspections as delineated in Section 114-35 of the
Code.
Section 3.8. The Permit Holder's ambulances assigned to respond to emergency calls in the City
shall be equipped with a fully operational two-way radio communications system, portable radio equipment
capable of communicating with the City's fire department, and capabilities of communicating with hospitals
in Jefferson County, Texas and Orange County, Texas. The Permit Holder's emergency medical personnel
shall communicate"en route"and "on scene"to the appropriate City department on all medical emergency
Non-exclusive ambulance agreement
Page 2
calls.The Permit Holder's ambulances operating in the City shall comply with Section 114-35 of the Code.
Section 3.9. If the Permit Holder ceases to provide full-time emergency ambulance services to
the City in accordance with this Agreement without providing at least sixty (60) calendar days advanced
written notice of termination,then the Permit Holder shall allow the City to take possession and use up to five
(5) of the Permit Holder's fully equipped MICU-capable ambulances, as determined at the sole discretion of
the City, for a period of six (6) 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(6) months.The issue of the amount
of rental and accrued interest at six percent (6%) 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 City's 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."
(4) Medical protocols with a medical supervisor's signature.
(5) An ambulance inspection permit displayed on a window of the vehicle.
(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 City's 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 City's 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.
Non-exclusive ambulance agreement
Page 3
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 prior 72 hours.
Section 3.13. Subject to Section 3.12 above,the Permit Holder shall respond to all emergency calls
referred by the City's fire department and shall provide adequate ambulances,dispatch 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 shall set as performance objectives for call processing times of not more than sixty(60)
seconds for at least ninety percent (90%) of the calls represented as emergency calls and not more than
ninety(90) seconds for at least ninety-nine percent(99%) of the calls represented as non-emergency calls.
Call processing time will begin when the Permit Holder's dispatch facility answers the service call and will
terminate when the Permit Holder's responding units receive first notification.
Section 3.15. The Permit Holder agrees to notify the City's 911 dispatch facility of expected
extended response times and"level zero"conditions when there are no available MICU-capable ambulances
Non-exclusive ambulance agreement
Page 4
within the boundaries of the City.
Section 3.16. The Permit Holder agrees to a turnout time of no more than eighty(80) seconds and
the calculation of such turnout time shall begin when the Permit Holder is notified of an emergency medical
services incident and end at the commencement of travel to such incident.
Section 3.17. The Permit Holder agrees to dispatch a staffed ambulance with a certified paramedic
to all major scene standbys, such as structure fires or hazardous materials incidents.The staff ambulance
and paramedics shall report to the designated incident commander and manage all medical and firefighter
rehabilitation operations.The Permit Holder shall dispatch a replacement staffed ambulance to major scene
standbys if the initial ambulance or subsequent ambulances transport patients to a medical facility.
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 entities authorized
by the City;however,the Permit Holder also agrees that should the City's fire chief determine that the practice
of rolling calls by one provider to another is degrading emergency medical response, and the City's fire chief
imposes restrictions on the practice,the Permit Holder shall abide by the restrictions.
Section 3.20. Emergency medical service transfer response time averages shall not exceed 30
minutes.Emergency hospital-to-hospital transfer response time shall start when the 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 the Permit
Holder's response time is in excess of thirty(30)minutes,the Permit Holder may enlist transport from a proxy
service. Any complaints regarding transfer operations should be directed to the City's fire chief. These
services under this Agreement 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's 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 City's Fire Department.
Non-exclusive ambulance agreement
Page 5
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 City's fire chief:
a. Dispatch Facility.
1. Three active and three standby dispatch consoles, each complete with
communication equipment to communicate with responding crews and the City's fire
department.
2. CPU networked to the server,containing dispatch software and a video monitor.
3. Maps of all City areas covered in case of electronic system failure.
b. Radio Equipment.
1. Radio frequency is not public.
2. The Permit Holder shall have the ability to talk to the City's 911 dispatch facility,fire
department,and individual apparatus.
c. Telephone equipment. The telephone 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 power backup system for essential equipment with a
power time of fifteen(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. An information technology specialist shall be on staff twenty-four (24)
hours, seven (7) days a week, or a service contract providing the same support shall be appointed by the
Permit Holder.
h. Disaster plans. The Permit Holder shall maintain disaster recovery plans in the event of a
flood,fire,storm,or any other act of God.
Non-exclusive ambulance agreement
Page 6
The dispatch facility provides a redundant radio system for the Insurance Service
Organization (ISO)rating of the city and for the ability to communicate with responding ambulance crews and
the City's fire department.
j. The dispatch facility may 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(i.e.emergency and non-emergency)to all service request calls.
m. The Permit Holder shall have a physical dispatch facility within the boundaries of the
Southeast Texas Regional Planning Commission—Council of Government or shall maintain reliable and
redundant communications systems.These systems must include call phone communications, hard phone
lines, or a redundant system utilizing both hard lines and cellular connectivity between the Primary Safety
Answering Point("PSAP")and the Permit Holder's communications center.
ARTICLE IV.VEHICLE OPERATION AND SAFETY
Section 4.1. As indicated in Section 3.7,every ambulance shall be equipped with the equipment
and supplies required by state, federal, and local statutes, regulations, rules, the Permit Holder state-
approved protocols,and as specifically delineated in Chapter 114 of the Code. Subject to Section 3.11,every
ambulance shall be subject to annual and periodic inspections as delineated in Section 114-35 of the Code.
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(10)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 (10)miles per hour while entering and passing through an intersection if such intersection is controlled
by a stop sign or by a traffic signal which indicates stop by displaying a red light.
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 Permit Holder shall provide the City's fire chief a report of the
previous month's response times by the 5th day of the following month. The monthly response time report
Non-exclusive ambulance agreement
Page 7
will be submitted electronically in a format specified by the City's fire chief, which is not in violation of the
Health Insurance Portability and Accountability Act or any other federal, state,or local statute or 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 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 in accordance with 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 sixty(60) days of the end
of the Permit Holder's fiscal year. The Permit Holder shall also provide to the City 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 without providing sixty (60) days' notice and without providing
ambulances as denoted in Section 114-33 of the Code, then the Permit Holder shall pay the City 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 and executing this
Agreement,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's Computer-Aided Dispatch ("CAD")
system.
(2) Prior to imposing any liquidated damages,the fire chief or their duly authorized designee
shall meet with the Permit Holder to review the alleged infractions. This process ensures
Non-exclusive ambulance agreement
Page 8
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 the meeting addressed in Section 6.1(2),the City's fire chief determines that
liquidated damages are warranted, the 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 City's fire chief seeks to impose liquidated damages.
(4) If the City Manager determines that the liquidated damages assessed by the City's fire
chief are justified,the 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 City's fire chief seeks to impose liquidated damages.
(5) For failure to meet the response time requirements specified in Section 114-33 of the
Code,when the percentages are averaged for a calendar month, liquidated damages of
$2,000.00 shall be assessed for any average below ninety percent(90%).
(6) For failure to meet the response time requirements specified in Section 114-33 of the
Code for two consecutive calendar months on a minimum of ninety percent (90%) of
emergency calls,the Permit Holder shall be assessed liquidated damages of$3,000.00
for each percentage below the ninety percent(90%)minimum threshold.Each additional
month of non-compliance thereafter will result in an additional liquidated damages of
$1,000.00 per percentage point below the ninety percent(90%)level.
(7) For failure to meet the response time requirements specified in Section 114-33 of the
Code,when the percentages are averaged for a three-calendar-month period, liquidated
damages of $4,000.00 shall be assessed for any average over thirty (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 of the
Code for two (2) consecutive months on a minimum of ninety percent (90%) of non-
emergency calls,the Permit Holder shall be assessed liquidated damages of$4,000.00
for each percentage below the ninety percent(90%)minimum threshold.Each additional
Non-exclusive ambulance agreement
Page 9
month of non-compliance will result in additional liquidated damages of$1,000.00 per
percentage point below the ninety percent(90%) minimum threshold.
(9) For any ambulance unit providing service in the City found to be noncompliant with this
Agreement(i.e. issued 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 any ambulance unit has an extended response time of more than fifteen (15) minutes
to any emergency call, liquidated damages of$1,000.00 will be assessed per incident.
(11)If any ambulance unit has an extended response time of more than twenty(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 City's fire chief by the 5th of the following month.
Section 6.2. Written notice of any liquidated damage assessed shall be given to the Permit Holder
in a timely manner, and such liquidated damages assessed shall be subject to the appeal rights granted to
the Permit Holder by this Agreement.The Permit Holder will have ten (10)days from receipt of the notice to
respond,contest,or appeal the assessment,and all appeal rights provided under this Agreement remain fully
preserved.
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 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's fire department will, if resources are available,as
determined by the City's fire chief, provide first responder services. Nevertheless,the Permit Holder shall be
primarily responsible for taking such precautions as are expected, pursuant to federal, state, and local
Non-exclusive ambulance agreement
Page 10
statutes,ordinances,regulations,rules,and approved protocols,to respond quickly to the incident 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 medical 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 City's residents a fair opportunity to apply for employment with the
Permit Holder.
Section 7.5. Independent of the requirement to provide insurance, the Permit Holder 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 Permit Holder'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 Permit Holder,its officers,agents,
employees,subcontractors,licensees, invitees,and other persons.
Section 7.6. The indemnity contained in Section 7.5 of this Agreement 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 Permit Holder 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
as determined by a final, non-appealable judgment.
Section 7.7. The Permit Holder shall maintain insurance as specified in Chapter 114,Article II of
the Code.A copy of the required insurance is attached hereto as Exhibit B.
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;
Non-exclusive ambulance agreement
Page 11
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 thirty (30) calendar 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 sixty(60)calendar days prior written notice. Nevertheless,the City may terminate this Agreement at any
time if the Permit Holder violates any term or condition of this Agreement,any provision of Chapter 114,Article
II ("Emergency Medical Vehicle")of the Code,or any other applicable federal or state law.
Section 7.10. The city council, prior to the termination of any ambulance agreement, shall set a
time and place for a hearing on such termination.The city secretary shall be directed to give written notice to
the Permit Holder by registered mail at least fifteen (15) calendar days prior to the date set for such hearing.
The following shall be grounds for termination 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
Non-exclusive ambulance agreement
Page 12
(9) The Permit Holder has fallen below state, federal, and local laws, regulations, and rules in
providing ambulance service.
Section 7.11. The City's fire chief or designee shall have the right to suspend the Permit Holder's
permit to operate in the city service area if the 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 Permit Holder and will remain in effect until the Permit Holder is in compliance with all provisions
of this Agreement and/or the Permit Holder no longer creates an imminent danger to the public health or
safety.The City's fire chief or his designee will make the determination when or if the Permit Holder has duly
satisfied the requirements for the Permit Holder's permit to be returned to active status. A permit may be
terminated if the Permit Holder:
(1) Fails to operate the ambulance service in such a way that enables the 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 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 twelve(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 Permit Holder or employee of the Permit Holder engages in deceptive business practices
or illegal activities while using the permitted ambulance for such activity;or
(8) The Permit Holder fails to maintain valid and/or current registration and inspection stickers.
The City's 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
Non-exclusive ambulance agreement
Page 13
final.If the city council finds that the Permit Holder is in violation and revokes its permit,such revocation shall
be effective immediately.
Section 7.12. In the event of a default by Permit Holder,the City may provide the Permit Holder with
a reasonable opportunity to cure, or the City may immediately terminate this Agreement. In the event of
termination, the Permit Holder will cooperate fully and immediately with the City to effect a prompt and
orderly transfer of all responsibilities.The Permit Holder may dispute a default asserted by the City;however,
such dispute will not delay,in any manner,the transfer of operations.The 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.The 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 Code, 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. The 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 a disruptive working
environment.As a condition of this Agreement,each Permit Holder's employee must abide by this policy.The
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 701 et seq.
Section 8.3. The Permit Holder shall not assign its rights or delegate its duties hereunder without
Non-exclusive ambulance agreement
Page 14
the prior express written authorization of the City.This Agreement is not transferable by the Permit Holder to
another person, 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 Andre Ruby
ATTN: Ron Burton Viking Enterprise/City Ambulance Service, Inc.
City Manager Attn:Vice President of Administration
P.O. Box 1089 7111 Five Forks Drive
444 4th Street Spring,Texas 77379
Port Arthur,TX 77641-1089 andre@cityambu.com
563-499-5978
ARTICLE IX.EXECUTION
Section 9.1. This agreement is effective the day of 2026 and shall expire on the
day of 2027.
[Intentionally Left Blank for Signatures on Next Page]
Non-exclusive ambulance agreement
Page 15
SIGNED AND AGREED to on the day of ,2026.
CITY OF PORT ARTHUR:
BY:
RON BURTON
CITY MANAGER
SIGNED AND AGREED to on the day of , 2026.
BY:
ANDRE RUBY
VICE PRESIDENT OF ADMINISTRATION
Non-exclusive ambulance agreement
Page 16
Exhibits
Exhibit A:Ordinance of the City of Port Arthur,Texas,Chapter 114 Article II. Emergency Medical Vehicle
Exhibit B: Insurance Certificates
Non-exclusive ambulance agreement
Page 17
Exhibit A
Ordinance of the City of Port Arthur,Texas,Chapter 114 Article II. Emergency Medical Vehicle
P.0 7323
TNR
05/22/25 Amended
ORDINANCE NO. 25-28
AN ORDINANCE AMENDING PART II - CODE OF
ORDINANCES, CHAPTER 114 - VEHICLES FOR HIRE,
ARTICLE II. EMERGENCY MEDICAL VEHICLE,
PROVIDING FOR CHANGES RELATING TO THE
DEFINITIONS, OPERATION, LICENSING, AND
ENFORCEMENT OF EMERGENCY MEDICAL VEHICLES
WITHIN THE CITY OF PORT ARTHUR; PROVIDING FOR
SEVERABILITY; PROVIDING FOR LIQUIDATED
DAMAGES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Port Arthur finds it necessary to update and
revise regulations governing emergency medical vehicles to ensure public safety and efficient
emergency medical response; and
WHEREAS,the City seeks to ensure that all emergency medical vehicles operating within
its jurisdiction adhere to updated safety, licensing, and operational standards; and
•
WHEREAS. the City Council finds that it is in the best interest of the health, safety, and
welfare of the citizens to further amend Sections of the Code of Ordinances in substantially the
same form as attached hereto as Exhibit"A"; and
•
WHEREAS, the City Council deems it in the best interest of the City of Port Arthur to
further amend Chapter 114 -Vehicles for Hire, Article II. Emergency medical vehicles,providing
•
•
changes relating to the definitions. operation. licensing, and enforcement of emergency medical
vehicles within the City of Port Arthur; providing for severability.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR,TEXAS:
Section 1: That the facts and opinions in the preamble are true and correct.
Section 2: That all ordinances or parts thereof in conflict with this ordinance are hereby
• repealed to the extent of such conflict.
Section 3: The City Council finds that it is in the best interest of the health, safety, and
welfare of the citizens to further amend Sections of the Code of Ordinances in substantially the
same form as attached hereto as Exhibit"A"
Section 4: The City Secretary is authorized to direct the publisher of the Code of
Ordinances to make any non-substantive changes necessary to conform to the provisions adopted
in this Ordinance.
Section 5: The provisions of this Ordinance shall take effect immediately upon passage
and approval by the City Council.
v,
P.O 7323
TNR
03/25/25
READ, ADOPTED, AND APPROVED THIS o24 t day of , A.D.,
2025, at a Regular M%ing of the City Council of the City of Port Arthur, by the ollowing vote:
AYES:(Mayor)
Councilmembers: Al 2
NOES:
/PrPfuc
Thurman Bill Bartie
Mayor
ATTEST:
•
N-- •
Sherri Bed
City Secretary
APPROVED AS TO lE ORM.:__
Roxann Pais Cotroneo
City Attorney
APPRO i
S TO ADMINISTRATION:
hk
111
Ronald Burto, ' 'M
Ci . ager
Antonio Mitchell
Interim Deputy Fire Chief
PART II-CODE OF ORDINANCES
Chapter 114-VEHICLES FOR HIRE
ARTICLE II.EMERGENCY MEDICAL VEHICLE
ARTICLE II.EMERGENCY MEDICAL VEHICLE'
Sec.114-31.Definitions.
The terms used in this article shall have the meaning ascribed to the same terms in V.T.C.A.,
Health and Safety Code§773.003 et seq..unless otherwise defined as follows.
Ambulance means a vehicle for transportation of sick or injured person to.from or between
places of treatment for an illness or injury-and provide out of hospital medical care to the patient.
Such motor vehicle may he 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.
Dis tch Facilir means a centralized location a u'i with the nece sa -infrastructure.
personnel and techtoloaw to manage and coordinate emergent and non-em ,i medical
rvice calls. This facih must include but is n t h rted to the follown¢: Operational
ca abilities ommu i ti n s stems.Staffin .Re rdin and Documentation.Redundancy and
i Reliabilit',Compliance with Standards Integral n with Local S stems and be located within the
boundaries fthc ou h Texas Regional Planning m i lionnumb'of ove eat.
Emergency call means a request for ambulance service as defined by the Texas Administrativ formatted:rodent First rine:'0'
Code-Rule 157.2.
Emergency care attendant(EC A)means a person licensed by the department of state health
services as an emergency care attendant.
0,amended art II in its entirety to read as herein
'Editor's out.
I,§No 1 -05,14-3 Exh.A,adopted1, Je.26,to similar subjectatter,and derived from Code 1961,§§set
out.Former art.II,§§11;Ord. 14-41,pertained
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,
2adoped May 005;Ord.No206-12.§2,adopted Feb.28,2006; d No.06-1144,,§2.adopted Mar.14,2006,Ord.pted lune 1,
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.
U N.K. )•v.�.:t:3::':tr:!f'1
Pat Arthur,Texas,Code of Ordmanc es
(Stapp.No.45)
Page 1 of 16
•
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(E:14D)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
dart 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: •
(I) Emergency care attendant:
(2) Emergency medical technician—Basic:
(3) Emergency medical technician—Advanced:
(4) Emergency medical technician—Paramedic:or
(5) Licensed paramedic.
Entergency 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.
mv.a•:.unrr.tart
(Supp.No.45)
Page 2 of 16
4
•
•
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 traumainjury
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(Vemon's Ann.Civ. St.art,4495b)and the
rules adopted under that Act by the state board of medical examiners.
Mobile intensive care unit I.1lJCL.i 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 L\7.MSi 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.
-Vonentergencr 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.
:Yon-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
4
.,r..a:a2..14.1,n::r:rr;,at
(Supp.No.45)
Pap 3 of 16
1
lights and sirens during the response after appropriate evaluation though an accredited EMD
program.
Nat-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 emergence 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. Ever 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:
(I) 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 to the base of
operation from which ambulance service will be originated:
(3) The make. model. motor number and correct stare 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: n :M3 c .e..: ..e*.:,:3:17:07 tn-t
(Supp.No.45)
Page 4 of 16
(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 cite shall be accompanied by a nonrefundable application fee of S1.000.00.
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 msithout 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.
(I) All minimum requirements as outlined shall be met to meet temporary eligibility,
requirements.
(2) Ambulance inspection conducted by the tire 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 tire 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) .4dditionai requirements.A permit holder agrees to satisfy the following provisions:
(I) 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 ot'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
s.'.e.::f:.N•ra U:F:Cl(UT]
(supra.No.45)
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 fsilip'Sys as denoted below that has the
following specifications and uses or.substantially meets criteria.as approved by the fire
chief:
•
a. Dispatch Facility.reem-
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.
I. 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 he able to transfer calls and handle a telebranch
of no less than five numbers.
d. Server system.
I. 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.
c. Backup generators. Reliable backup generators should be able to operate the
slisoatcheperete facility and information technology room without public utility
cam—dig
f. Recorders.
I. 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 staff24 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 facility-system-provides a redundant radio system for Insurance Service
Organization(ISO)rating of the city.
uYn.a :e2..s.:a u:u:07 testy
(SUP.No.45)
Page 6 of 16
j. Dispatch facility 5yf.tern can be used by,the city at no cost in case of an emergency.
k. The dispatch e4Tiee-facility must be able to receive local calls without any Ione-
distance cost or inconvenience to the citizens of the city.
I. EMD certified dispatchers and dispatch 5v facility shall determine appropriate
response level to emergency calls.
in. The permit holder shall have a physical dispatch 1oeaFien-faeility 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 MICti 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 he 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 skill
start when the responding ambulance and paramedic receive notification from the permit
holder's dispatch genet-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 eet+ter-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 art EMS incident and ending at the beginning
point of travel time.
fFormatted:Indent•.Fire line:0'
44ent-end .
(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.
(71 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
Crert.::fl?&.Fi.11:17,17 UUSTI
(suep.No.u)
Page 7 of It
i
1
of two emergency medical technicians.The response time will conclude when both the
paramedic and MICU-capable ambulance arrives on the scene.
(8) The permit holder agrees to furnish backup assistance to all other permitted entities:
however. the permit holder also agrees that should the fire chief determine that the
practice of rolling calls by one provider to another is degrading emergency medical
response.and the chief imposes restrictions on the practice.the permit holder shall abide
by the restrictions.
(9) EMS transfer request response time averages shall not exceed 30 minutes. The
emergency hospital to hospital transfers response time shall start when the EMS permit
holder is notified of the request.All other medically necessary response times shall start
when the transferring facility and the receiving facility approve the transfer and all
preauthorization requirements arc met. In the event an EMS permit holder's response
time is in excess of 30 minutes.the permitted permit holder may enlist transport front n
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 tire 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.
(I I)The permit holder shall participate in monthly quality assurance/quality improvement
(QA/Ql)meetings with the city tire department.
(Ord.No. 10-05,Exh.A. 1-26-2010:Ord.No. 18-73.s§'2(Exh.A). 12-4-2018:Ord.No.22-69.
2(Exh.A).9-27-2022:Ord.No.23-OI.*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:
I
(I) 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 S500.000.00:
h. Comprehensive automobile liability insurance in an amount not less than
S500.000.00:
c. Medical malpractice insurance in an amount not less than S500,OOO.00:
d. JJility 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
c.1004:2r.44.:4 11:,7,n t•eir
(Supp.No.45)
Pige9or16
1i
•
•
•
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.
Should the rates for the required insurance coverage change. the most current
applicable standard will apply at the time of adherence.
istfle •
pei+eies-.f derlyirg-polit4es-wi4
1)te-baler •
tea€
•
ee
• aoy-s*uch policy.
}
(2) Tares.The applicant owes no delinquent taxes to the city. — (Formatted:use 3,Indent:First fine: 033"
(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 stalls 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
s 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.
l -
(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)
:.-eren s..ao:.
I (SUM No.45)
Page 9 of 16
1
•
Sec. 1 14-35.Equipment;inspection.
(a) initial inspection:equipment required.Prior to the initial use and operation of any vehicles as
an ambulance.the vehicle and the dispatch office-facility shall he 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 providers state-
approved protocols. Furthermore. the ambulance companies will also have the following-
equipment on their ambulances:
(1) Fire extinguisher(mounted and accessible).
(2) No smoking signs(one in patient compartment and one in cab).
(3) One copy"Emergency Response Guide Book."
(4) Medical protocols with a medical supervisor's signature.
(5) An ambulance inspection permit displayed on a window of the unit.
(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 tire 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 he 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 he staffed with
personnel certified by the department of state health services.
•, ,:,....:.11n7a,(«:t
(Sapp.No,45)
Page 10 of 16
•
•
(Ord.No. 10-05.Exh.A. 1-26-2010:Ord.No.22-69.5 21.Exh.A).9-27-2022:Ord.No.23-01.3
• 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). I-31-2023)
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-1 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:
(I) 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:
C'fl:fd::f1,44•::11::1:,7 MT]
(Supp.No.4S)
Page 11 of 16
(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.C 2(Exh.A).9-27-2022:Ord.No.23-01.§
2(Exh.A). 1-31-2023)
Scc. 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 stalling
to respond to such calls. Violation of this provision shall subject the company to revocation
of agreement.
(b) It shall be unlawful for any ambulance service operator to refuse to render emergency medical
service after responding to an emergency call for such service.
(Ord.No. 10-05.Exh.A. 1-26-2010: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 ehtutgeschanges.The EMS permit holder shall provide the
Fire Chief a report of the previous months response times by the 5th day of the following month.
Theerssu
ese y-in-e-formnt-speeifted-bHhe-€lre
chief:
(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.
c
eukrquan
(a)The city recognizes that violations of this article may result in damages that are uncertain and- {formatted:Numbered+Level:1 e Numbering Style:
difficult to quantify, Accordingly.as a condition of accepting an EMS permit.(he permit b.c....+Start at:1+Alignment:Left+Aligned at:.0'+
tt�l jer agreegt+the following liquidated damaacs provisions; Indent at: 0.25-
(I)The assessment of all liquidated damages under this agreement shall be determined- 'Formatted:Justified,Numbered+Level:1 f
exclusively using data obtained from the City of Port Arthur's Computer-Aided Dispatch Numbering Style:1.2.3,...+Start at:1 •Alignment.
(CAD)system. Left+Aligned at: 0.33"+Indent at: 0.58'
..u:.a: :U. S.:.ts:n:n tIt+$
(Stipp.No.es)
Page 12 of 16
21 Prior to irr +osin an• liquidated dam the Port Arthur Fire Chief or their duh tted:Justified
Puthorized designee shall meet 1.vith the EMS prmit holder to review the alleged
infractions. This process ensures the permit holder has
an opo-tanit'` t-9 preenf releyas"tl
information and/or contest the validity of he alleged violations fore a final
determination is made.
la If. foilowine this conference. the Fire Chief determines that ltduidated damages are
warranted.the EM_kermit hvidcr shall have a single 0000rtunity to aopenl 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) (ftheCit\Manager determines that the liquidated damages assessedbm the Fire Chief arc
justified. the EMS permit holder shall be entitled to a single onrortunitm to appeal the
assessment to the City Council. this right of weal shall apply to each separate instance
in which the Fire Chief eks to impose liquid tied damages.
Formatted:List 1
ents
cified in section
3,
For
t Numbering
151 when thene are averaged for a calendar-month,liquiddated damages of S2.000.t00 2.3ma+Start at:
at. •Alignment tLeh'Aligned ac�e.1,
percentages0.33'r Indent at:0.58'
shall be assessed for any average below 90 percent.
0144---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 53.000.00 for each percentage
th of
in ans the addit�nal liquicent devel.Each ated damages of S1.000 nper percentag non-compliance
t below her90tll result
percent
level.
(1).(3)--For failure to meet the response time requirements specified in section 114-33.
when the percentages are averaged for a three calendar month period.liquidated damages
of S4.000.00 shall be assessed for any average over 30 minutes. Additional liquidated
damages of S2.000.00 shall be assessed for each additional minute.or part thereof.over
the specified level of response time.
aL(1) 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 S4.000.00 for each percentage
below the 90 percent level. Each additional month of non-compliance will result in
additional liquidated damages of S1.000.00 per percentage point below the 90 percent
level.
► (91 f*--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 S500.00
shall be assessed per incident.
(101 45---11a M ICU ambulance and paramedic has an extended response time of more
than 15 minutes to any emergency call.liquidated damages of S 1,000.00 will assessed per
• incident.
(Supp.No.451
Paee13of16
•
(I t) (4)—Ifa M.ICU ambulance and paramedic has an extended response time of more
than 20 minutes to any non-emergency call.an additional liquidated damage of S250.00
will assessed per incident.
t12) ($4---4-14e-£4,48-recmit-holdef—Aa14-rorwrifle-the-fee-eliief-feapen.se-tivos-efte1ys.
n4h-b),--the43t►s.ef-the-fe}3e►µiwg-morph.A liquidated damage
of S500.00 will he assessed if response time analysis is not made available to the tire chief ^�
by the 4-501-5'h of the following month. ____......„---(Formatted:Superscript
(h) Written notice of any liquidated damages assessed shall be given to the EMS permit holder
in a timely manner.
(e) 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 arc assessed, the EMS permit holder will have ten business days
from the date of the assessment notice or from the dare 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. 18-7 3,§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)
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 heldeF
andholderand 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:
(I) Fails to operate the ambulance service in such a way that enables the EMS permit holder
to remain in compliance mcith the requirements of this article and the applicable state.
and local laws.rules.and regulations.
(2) Falsifies any information provided in their application, requested data. documents. or
during any investigations being conducted by the ei icity.
«qt.Y: 13::1:01(Is*
(Supp.No.45)
Date 14 of 16
)
4
(3) Fails to maintain vehicles and equipment in such a way as to iris reensure 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 he
•
terminated. it will be referred to the city council for review and determination. The
determination of the city council findings will be final.
(e)--4 11 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)
Sec.114-44.1 n d e m n i ty.
(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 arisine 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 fumish 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.
:Q....•:.1 L:7:40 tasrt
(5upp.No.45)
Page 15 of 16
•
1
t
ti
.
1 (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
lithe City of Port Arthur enters contracts with more than one Emergency Medical Service(EMS)
,1 provider to operate within city limits. the following provisions shall govern the allocation of
services:
(,t) Monthly Rotation Schedule
(I)All contracted EMS providers shall operate on a rotational schedule basis oft monthly
I4 assignments.
(2) Rotations shall commence at 0600 hours on the first day of each calendar month.
(b)District Assignments for Two EMS Provider,
(I)The City shall be divided into two service districts:North and So,pth. - Formatted:Font:(Default)Times New Roman,12 pt
(2) Highway 73 shall serve as the dividing line between the North and South districts. Formatted:List Paragraph.Numbered+Level:2+
(3)_The EMS prover assigned to the North district shall assume responsibility for responding Numbering Style:1,2,3, ..+Start at:1+Alignment:
to incidents occurring on Highway 73 Left+Aligned at: 0.25•<Indent at 0.5"
(c) District.Assignments for Three or More EMS Providers Formatted:Font,(Default)Times New Roman,12 pt
4 (1) In the event three or more EMS provers are contracted the City shall be divided Otto Formatted:List Paragraph,Numbered.Level:2
service districts proportional to the totalid number of providers. Numbering Style:1,2,3,...+Start at:1+Alignment:
r' (2)_The Fire Chief shall oversee the allocation and delineation of EMS districts among Left+Aligned at: 0.25'*Indent at: 0.5'
p�pVlderS.ensuring equitable distribution of service responsibilities. Formatted:Font:(Default)Times New Roman,12 pt
(3).All contracted EMS providers will operate on a monthly rotational assignment schedule
(d) Backup and Support Protocols 'I Formatted:Font:(Default)Times New Roman,12 p:
(I)All contracted EMS providers shall operate as mutual backups for one another. Formatted:Numbered+Level:1 +Numbering Style:1,
(2) In the event any provider reaches"level zero,'indicating no available units to respond to 2,3,...+Start at:1 +Alignment:Left+Aligned at:
calls.other contracted providers shall be required to provide backup services as necessa 0.25'+Indent at. 0.5`
to maintain uninterrupted emergency response potations. Formatted:Numbered+Level:1+Numbering Style:1,
(e) Scope of Application 2,3,...+Start at:1+Alignment:Left+Aligned at:
(I)The provisions of this section shall apply exclusively to emergency 911 calls dispatched 0.25'+Indent at, 0.5`
through the City's emergency communications system.
(2)These guidelines shall not interfere with or restrict private EMS services, includin Formatted:Font:12 pt
interfacility transfers or requests for service made directly to private EMS providers by Formatted:List Paragraph,Numbered+Level:1+
individuals or entities., Numbering Style:1,2.3,...+Start at 1 +Alignment:
Leh+Aligned at: 0.25"+Indent at: 0.5-
Sect.114-0Cr_S-114-70.Re eryed. Formatted:Font:(Default)Times New Roman,12 pt
11:17:al(Hit
(Supp.No.45)
Page 16 of 16
PART II-CODE OF ORDINANCES
Chapter 114-VEHICLES FOR HIRE
ARTICLE II. EMERGENCY MEDICAL VEHICLE
ARTICLE 11. 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[ESTI
(Stipp.No.45)
Page 1 of 16
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.
Created: 202a-66-24 13:17:07 (EST)
(Supp.No.45)
Page 2 of 16
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 (M1CU) 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 (VIMS) 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 (Al-IJ) 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 medicallillness or trauma/injury
related services, where the information provided to dispatch does not justify the elevated risk of
Created' 2H24-e6-24 13:17:e7 curl(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)—Detinitions 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 wilting. 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;
Created: 2024.06.24 13:17:07 (EST)
(Supp.No.45)
Page 4 of 16
(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
Created: 2024.G6-24 13:17:07 [EST]
(Supp.No.45)
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.
Created: 2e24.66.24 13:17:67 [EST]
(Stipp.No.45)
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
Created: 2024-86-2a 13:17:87 (EST)
(Supp.No.45)
Page 7 of 16
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 operatioost ns for learning and improvement
lysis(NA) sessions initiated
by the city fire department as a means to assessp
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.
Created: 2924-05-24 13:17:87 (EST]
(Supp.No.45)
Page 8 of 16
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.
Created: 2824.86-2e 11:17:87 (EST)
(Supp.No.45)
Page 9 of 16
(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)
Created' 2024-06.2a 13:27:07[EST]
(Stipp.No.45) •
Page 10 of 16
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), 1-3 I-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.
Created: 2e24-e6.2a 13:17:07 (EStj
(Supp.No.45)
Page 11 of 16
•
(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 he
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
1Created' 2824•06.24 33:37:07 (E57]
(Supp.No.45)
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.
(1 I) 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)
C,'eaten: 202446.24 13:1747 tEST]
(Sapp.No.45)
Page 13 of 16
Sec. 114-43. Suspension and termination of permits.
(a) The fire chief or designee shall have the right to suspend an EMS permit holder's permit to
operate in the city service area if the EMS permit holder is in violation of this article and/or
creates an imminent danger to the public health or safety.
(b) The emergency suspension is effective immediately upon notice to the EMS permit holder
and will remain in effect until the permit holder is in compliance with all provisions of this
article and/or the permit holder no longer creates an imminent danger to the public health or
safety. The fire chief or his designee will make the determination when or if the EMS permit
holder has duly satisfied the requirements for the EMS permit holder's permit to be returned
to active status.
(c) A permit may be terminated if the EMS permit holder:
(1) Fails to operate the ambulance service in such a way that enables the EMS permit holder
to remain in compliance with the requirements of this article and the applicable state.
• and local laws. rules, and regulations.
(2) Falsifies any information provided in their application, requested data, documents. or
during any investigations being conducted by the city.
• (3) Fails to maintain vehicles and equipment in such a way as to 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)
Created: 7024-e6-24 13:17:e7[FSTI
(Stipp.No•45)
Page 14 of 16
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 attomey'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.
Createa: 202a•06.20 13:17:07 CEST]
(Supp.No,45)
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.
1 .
Created: 2024.06-24 13:17:97 (EST)
(Supp.No.45)
Page 16 of 16
Exhibit B
Insurance Certificates