HomeMy WebLinkAboutPR 13839: METROCARE EMSinteroffice
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow, City Attorney 0/'~'~'ctOber '~ ' '--'--~, 2006~
Subject: P. R. No. 13839 Council Meeting 2
Date: October 20, 2006
Attached is P. R. No. 13839 authorizing MetroCare EMS
Ambulance Service to assign/transfer its existing ambulance
agreement with the City of Port Arthur to the Louisiana
corporation, Acadian Ambulance Service.
MTS:ts
Attachment
cc: VIA FACSIMILE (337) 521-3660
Mr. Jeffrey C. Thibodeaux, NREMT-P
Paramedic Field Supervisor
ACADIAN AMBULANCE SERVICE
P. O. Box 98000
Lafayette, LA 70509-8000
VIA FACSIMILE (%09) 729-0098
Mr. Martin "Butch" Holmes
METROCARE EMS AMBULANCE SERVICE
3734 N. Highway 69
Nederland, TX 77627
VIA FACSIMILE (409) 835-3838
Scott Sheldon
z.pr13839.memo
P. 2. No. 13839
10/20/06 ts
RESOLUTION NO.
A RESOLUTION AUTHORIZING METROCARE
EMS, LP TO ASSIGN/TI%ANSFER ITS
EXISTING AMBULANCE AGREEMENT WITH THE
CITY OF PORT ARTHUR TO ACADIAN
AMBULANCE SERVICE, INC.
WHEREAS, Acadian Ambulance Service, Inc., a Louisiana
corporation is purchasing the assets of MetroCare EMS, LP and is
absorbing their employees, assets, and performance-based contracts;
and,
WHEREAS, Acadian Ambulance Service, Inc. is also authorized to
do business in the State of Texas as Acadian Ambulance Service,
Inc. as denoted in Exhibit ~A"; and,
WHEREAS, Acadian Ambulance Service, Inc. will have
substantively similar resources as to ensure that the response time
is met; and,
WHEREAS, Acadian Ambulance Service, Inc. will have access to
additional resources, which includes planes and helicopters; and,
WHEREAS, Acadian Ambulance Service, Inc. has indicated that
their state of the art dispatch office in Louisiana can receive
local calls without any long distance costs or inconvenience to the
citizens of Port Arthur; and,
WHEREAS, Acadian Ambulance Service, Inc. and MetroCare EMS, LP
have requested Council approval as to the assignment of the
MetroCare EMS, LP Ambulance Agreement to the Louisiana corporation,
pz.13839
Acadian Ambulance Service, Inc., which is authorized to do business
in the State of Texas as Acadian On Watch, as denoted in Exhibits
"B" and "C"; and,
WHEREAS, the Fire Chief recommends the approval thereof, as
denoted in Exhibit "D"; and,
WHEREAS, the City Council finds it to be in the best interests
of the citizens to approve the assignment of the MetroCare EMS, LP
ambulance agreement, dated July 7, 2005, to Acadian Ambulance
Service, Inc.
NOW THEREFORE, BE IT RESOL%-ED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Council hereby approves of the
assignment and transfer of the existing ambulance agreement of
MetroCare EMS, LP to Acadian Ambulance Service, Inc., pursuant to
Section 114-33 of the Code of Ordinances.
Section 3. That MetroCare EMS, LP shall sign this
Resolution agreeing to the terms of this Resolution.
Section 4. That Acadian Ambulance Service, Inc. shall sign
this Resolution agreeing to all the terms and conditions of the
original agreement, which is attached hereto as Exhibit "E".
Section 5. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
pz.13839
READ. ADOPTED A~TD APPROVED on this __ day of
, A.D., 2006, at a Meeting of the City Council of
the City of Port Arthur, Texas, by the following vote:
AYES: Mayor '
Councilmembers '
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION~
CITY MANAGER
AGREED TO:
ACADIAN AMBULANCE SERVICE, INC.
(ALSO authorized to do business in the State of Texas
as "Acadian On Watch")
BY:
METROCARE EMS, LP
BY:
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EXHIBIT "A"
(revbed
Secreta~ of State Secre~w ~ ~nt~ of Texas
l' O. Box ~3697 Application for F~B 1 8 2005
Austin, TX 78711-3607 ('e~ificate of Authority
FAX 512/463-5709
A~icle 8.05 Corporations Se ion
Texas Business
Filing Fee: ~750
Corporation Act
1 The name of the corporation is as set forth below:
The name m~t~ot ~ thc ~me ~, d~tiv~Iv simLlm Io or ~mil~ Io that elan ehsling co.rate, limikd liamtitv com~n~, or
2A Fhe name of the corporation in its jurisdiction of incorporation does no~[ contain the word
"corporation." "company." "inco~orated." or "limited" (or an abbreviation tbereoO. Ihe name oflhe
corporation with the word or abbreviation that it elecls to arid for use in Texas is:
2B. The co¢oration name is not available in Texas The assumed name under which the co¢oration
will qnalif~ and lransact business in Texas
3 Its t~deral employer identification number is _ ~- ~ I d~ ~ ~
~ Federal employer ideatification number information is not available al this time.
4 lt~sinco,'poratedunderthelawsoC:~se~lbnhsu,eorford~comt~ 5'~&~. O~
5 The dale olios incorporation is ~ ~ I - ~ ~ j and its period of duration is
~perpetual or ~ limite~ ~urafion oCa te~ of years set as:
~ The principal o25ce address in ~he state or couatD' of the co~orafion's jurisdiction of fommtion
' Address Cilx Slale/Counlo' ' Zip/rposlal Code
7 Its proposed registered agent in Texas is: (See in~mmuons Cannot ~ co~)ratiml named above)
and the stree~ address oF its prc, posed registered o~ce, which is t~e bush]ess o~c~ ~d~ress oF'its
proposed registered agent in ] exas, is (A ~sl office ~x address is not sufficicnL p]~ proxide s=o:t ad~:~s.)
EXHIBIT "B"
The premier provider of mobile medical services
October 19, 2006
Mayor Oscar Ortiz
City Council Members
City of Port Arthur
REF: MetroCare EMS, LoP. / Acadian Ambulance Service, Inc.
MetroCare EMS, L.P. is desirous of terminating its ambulance service to thc City of Port
Arthur on October 24, 2006 contingent City Council's approval. After thc approval of the
City Council, Acadian Ambulance Service, Inc. is positioned to coordinate with thc Port
Arthur Fire Chief and assume MetroCares' agreement immediately.
Respectfully Requested,
Stephen B. Diamond
President
P. O. Box 22278 · Beaumont, Texas 77720-2278
Phone (409) 729-0212 · 888-276-2267. Fax (409) 7290098
www. MetroCareEMS.com
EXHIBIT "C"
l adian
N.4TIONALLY P.O. BOX 98000 · L4FAYETTE, LA · 70509-~0 EMPL~EE
ACCREDITED
Octob~ 18, 20~
To Whom It May Concern:
Acadian Ambulance Service Inc. hereby requests the transfer of the Port Arthur
ambulance permit and agreement from MetroCare EMS to Acadian Ambulance Service
Inc. All necessary documentation along with the $1,000 transfer fee has been provided.
Regards,
Jerry Romero
Vice President, Operations
EXHIBIT "D"
PORT ARTHUR FIRE DEPARTMENT
MEMORANDUM
To: Mark Sokolow, City Attorney
From: Larry D. Richard, Fire Chief
Re: Acadian Ambulance Service
Date: October 20, 2006
COMMENT
Attached are two memos concerning Acadian Ambulance Service. I have contacted
Orange Fire Chief David Frenzel concerning Acadian Ambulance and they are pleased
with the service so far. I also visited the Acadian Ambulance Service Dispatch Center in
Lafayette Louisiana and found the center to be a state of the art facility. Acadian
Ambulance has indicated that they plan to purchase existing Metro Care EMS ambulances.
We have done spot inspections on some of these units and found them to be satisfactory.
Criminal background checks on the CEO, Vice President of Operations, and Operations
Manager have come back clear.
"REMEMBER, WE ARE HERE TO SERVE THE CITIZENS OF PORT ARTHUR"
EXHIBIT "E"
STATE OF TEXAS §
§
COUNTIES OF JEFFERSON §
A~D OP. ANGE §
NONEXCLUSIVE AMBULANCE AGREEMENT
WHEREAS, the parties agree that the providing of ambulance
service with an excellent response time is essential; and,
WHEREAS, the MetroCare EMS, L.P. (company), has requested to
continue to provide ambulance service in the City of Port Arthur;
and,
WHEREAS, MetroCare EMS, Inc. {now known as MetroCare EMS,
L.P.) has had an agreement with the City of Port Arthur for the
period of February 2, 2002 until February 2, 2005, which has
expired; and,
WHEREAS, MetroCare EMS, L.P. has continued to provide
ambulance services in the City and has paid $6,250 in February,
2005 to the City and $6,250 in May, 2005 to the City; and,
WHEREAS, the MetroCare EMS, L.P., acknowledges that the City
of Port Arthur has the authority to regulate this industry for
health and safety purposes and under Section 773.051 Health and
Safety Code, V.T.C.A.; and
WHEREAS, all parties agree that there has been full and
adequate consideration for this nonexclusive ambulance agreement;
and,
z.metroagreement2005_up~ted
WHEREAS, the parties agree that the following terms are
reasonable, appropriate, legal, and not unduly restrictive of
business activities.
NOW THEREFORE, in consideration of the promises and the
mutual agreements of the parties contained herein, the City of
Port Arthur and the MetroCare EMS, L.P., (company), agree with
each other as follows:
Section 1. The MetroCare EMS, L.P. (company), will
maintain within the City of Port Arthur a station and a minimum
of five (5) fully staffed MICU ambulances when it on call for 911
emergencies, that are strategically located throughout the City
of Port Arthur or the minimum required under Section 114 of the
Code of Ordinances if there is more than one (1) provider.
Section 2. The company will respond to all 911 calls for
assistance and will respond to all requests for transportation of
any sick person or injured to a hospital, regardless of inclement
weather or other exigent circumstances.
Section 3. The company will not discriminate based on
race, religion, national origin, or due to the financial status
of the injured or ill.
Section 4. The company shall use MICU ambulances for all
911 calls and will use MICU capable ambulances for all other
calls.
Section 5. All MICU ambulances shall be operated by
z.metroagreement2OO5_updated 2
certified paramedics and Emergency Medical Technicians that are
licensed or certified by the Texas Department of State Health
Services.
Section 6. Every ambulance shall be equipped with the
following:
1) Extrication collars (small, medium and large).
2) Portable suction unit with connecting tubing and
suction tips (bulb syringe, syringe or foot pump
not acceptable).
3) Three (3) bag valve mask units (adult, pediatric
and infant) oxygen capable.
4) Oropharyngeal airways (non-metallic adult,
pediatric and infant).
5) Two (2) portable oxygen ~D" units with one
regulator or one piped in the "M" cylinder and one
portable ~D" unit with regulator.
6) Oxygen masks (adult and pediatric) and tubing.
7) Two (2) multi-trauma dressings (10" by 30").
8) Five (5) dozen sterile gauze pads.
9) Twelve (12) soft roller adhering bandages.
10) Six (6) occlusive dressings.
11) Four (4) rolls of adhesive tape.
12) Four (4) sterile burn sheets.
13) Traction splints (one adult and one pediatric or
z.metroagreement2005_updated 3
one suitable for both).
14) Splints (two (2) 15" x 3" and one 48" x 3").
15) Spine boards (one long and one short or commercial
device for both).
16) Twelve (12) triangular bandages.
17) Two (2) bandage scissors.
18) Sealed obstetrics kit (noncommercial needs list of
contents and expiration date).
19) Nonporous infant insulating device.
20) Sphygmomanometer (adult, pediatric and infant
cuffs).
21) Stethoscope.
22) Penlight.
23) Multilevel stretcher (two (2) clean sheets and two
(2) clean blankets).
24) Two-way radio communications which allow
communication with dispatch, hospital, law
enforcement and fire agencies.
25) Two (2) pair protective goggles and one box latex
gloves.
26) Fire extinguisher (mounted and accessible).
27) "No smoking" signs (one in patient compartment and
one in cab).
28) Flashlight.
z.metroagreement2005_updated 4
29) Emergency vehicle warning equipment.
30) Telemetry communication which allows the
transmission of cardiac telemetry to medical
supervisors.
31) One copy ~Emergency Response Guide Book."
32) Medical protocols with a medical supervisor's
signature.
33) List of fluids, catheters, and/or butterflies,
endotracheal and esophageal tubes, and equipment.
(Must include quantities and sizes).
34) IV fluids and administration sets (as required by
medical supervisor).
35) Fifty (50) per cent dextrose.
36) Esophageal and/or endotracheal tubes.
37) Laryngoscope handle with blades (adult, pediatric
and infant).
38) Demand valve oxygen unit.
39) IV catheters and butterflies.
40) Specialized equipment required in medical
protocols.
41) Puncture proof container for the disposal of
sharps.
42) Cardiac monitor with defibrillator and electrodes.
43) List of drugs.
z.metroagreement2OOS_updated 5
44) Drugs (as required by medical supervisor).
45) One copy of the Medical Treatment
Protocols/Standing Orders that was provided in the
provider licensing application packet.
46) Drugs as prescribed by the company's medical
director.
Section 7. No ambulance which is unsafe or in any way
unsuitable for ambulance service shall be operated by the
company.
Section 8. Every EMS vehicle of the company shall be
equipped with a fully operational two-way radio communications
system. This system shall have a minimum of two (2) frequencies,
one (1) of which shall be attuned to the frequency of 155.340 Mhz
FM for communication with hospitals in Jefferson County and
Orange County having emergency medical facilities. EMS vehicles
shall be equipped with radio equipment capable of communication
with the Port Arthur Fire and Police Departments on the 800 MHZ
band. Mobile or portable 800 MHZ radios may be used. However,
there shall be sufficient radios for each unit providing services
to the City of Port Arthur. The EMS vehicles of the company
shall call "in route" and ~on scene" on all 911 and medical
emergencies. They shall use Port Arthur Fire Department 1
Frequency.
z. met roagreement2005 updated 6
Section 9. The ambulances of the company shall be
required to transfer patients in a prompt and safe manner with an
average response time of six (6) minutes for Priority One Life
Threatening Emergencies, as defined in the A~vanced Medical
Priority Dispatch System written by Medical Priority Consultants,
Inc. for emergency calls. The company shall not operate or drive
an ambulance on emergency calls on the public streets of the City
at a rate of speed of more than ten (10) miles per hour in excess
of the legal speed limit. The Company shall not operate or drive
an ambulance on an emergency call in excess of ten (10) miles per
hour while entering and passing through an intersection if such
intersection is controlled by a stop sign or by a traffic signal,
which indicates stop by displaying a red light.
Section 10. The company shall respond to all non-
emergency transfer calls with an average response time of thirty
(30) minutes.
Section 11. At all times, ambulance drivers and emergency
medical services personnel of the company shall be required to
wear personnel identification cards, name tags or other
appropriate insignia which will visibly, clearly and quickly
identify them as emergency medical services personnel and
identify the degree of their Texas Department of Health
Certification, i.e., ECA, EMT, EMT-1, or EMT-P.
z. met roagreement 2 0 0 5_updat ed 7
Section
a) Unless a different rotation system is approved by the
City, there shall be a weekly rotation of the 911
emergency ambulance calls. The company shall, in turn,
be assigned a one-week shift to respond to said calls.
When each ambulance company has served a one-week
shift, the rotation shall start over.
b) The ambulance company shall timely respond to all 911
calls referred by the fire or police department during
the company's shift and at all other times as requested
by the City and shall provide adequate ambulances,
dispatch facilities, and staffing to respond to said
calls. Violation of this provision shall subject the
company to revocation of right to operate an ambulance
in the City.
c) It shall be a violation of this contract for the
ambulance company to refuse to render emergency medical
service after responding to an emergency call for said
service.
d) It shall be a violation of this contract for the
company to charge excessive rates or to charge for
services not rendered.
Section 13. Reports.
The company shall furnish a report to the City Secretary on
z.metroagreement2005_up~ted
January 5th and July 5tn of each year containing a complete
schedule of rates and justification for changes in rates. The
company shall also file reports with the Fire Chief on the fifth
day of each month in regards to the number of calls, response
time and any complaints received in the previous month.
Section 14. The company shall staff and operate a radio
and telecommunications ambulance dispatch facility twenty-four
(24) hours per day to receive emergency calls and, as
appropriate, to dispatch an ambulance(s) to respond to emergency
calls.
Section 15. Prior to the initial use and operation of any
vehicles as an ambulance, the vehicle and the premises from which
it is operated shall be thoroughly examined and inspected by the
fire department, and found to comply with the requirements of
v.T.C.A., Health and Safety Code, Chapter 773, and the provisions
stated herein.
Section 16. Every ambulance operating under this article
shall be subject to inspection at any time and shall be inspected
by the City at least once every year.
Section 17. The Company shall pay the City $50,000 per year
as partial reimbursement for the First Responder Services
provided by the City, and as a regulatory fee. said fee shall be
paid quarterly as follows: $12,500 payable when the agreement is
signed, which will be credited as the first quarterly
z.metroagre~ent2005 updated 9
installment. The company's payment of $6,250 in February, 2005
and the company's payment of $6250 in May 2005 will be credited
for the time period between February 2, 2005 and August 14, 2005.
Payments will be made on August 15th, November 15th, February 15tn,
and May 15tn of each year. If the company agrees to continue to
provide: (a) the City the use of up to five (5) of their
ambulances if they cease operations in the City; (b) the City
the use of their dispatch systems in case of an emergency; and
(c) maintain an average response time of six (6) minutes or as
delineated in Ordinance No. 02-07, then their quarterly fee shall
continue to be reduced to $6,250 per quarter. If the company
requests the City to inspect more than five (5) ambulances for
service within the City, they shall pay an additional inspection
fee to the Fire Department of $100 per .ambulance.
Section 18. For every month that the average response time
exceeds six (6) minutes on Priority One Life Threatening
emergency calls, the ambulance company shall pay the following to
the City:
6.00 to 6.50 Response Time $ 200
6.50 to 7.00 Response Time $ 400
7.00 to 8.00 Response Time $ 600
8.00 to 10.00 Response Time $2000
Above 10.00 minutes Response Time Consider revocation
of permit and/or
$10,000 penalty
Section 19. During 911 emergency calls, the City of Port
Arthur's Fire Department will, if resources are available, as
z.metroagreement2005 updated ~0
determined by the Fire Chief, provide First Response Services at
the site. Nevertheless, the ambulance company shall be primarily
liable for taking such precautions as is expected in the industry
to respond quickly to the scene with the proper equipment and
trained personnel and transport the injured or ill to suitable
medical facilities. The Company shall furnish to the City's fire
department any supplies utilized by the City in providing First
Response Services.
Section 20. The company shall immediately notify the fire
dispatch office if the ambulance company needs for the dispatcher
to call for additional ambulances.
Section 21. The company shall continue to seek qualified
applicants for employment by advertising in the Port Arthur News
as to give Port Arthur residents a fair opportunity to apply for
employment with the company.
Section 22. The Company shall hold the City harmless and
shall indemnify the City from any and all acts or omissions of
the Company as it pertains to the Company's ambulance services
that it provides in the City of Port Arthur and as it pertains to
the Company's accounting and financial practices.
Section ~3. The books and records of the company, with
regards to response time, rates, accounting/financial practices
and complaints, shall be subject to audit by the City. The
Company shall produce to the City any correspondence or pleadings
z.metroagreement2005 updated I~
which alleges that the Company has violated any regulation,
ordinance, statute, Generally Accepted Accounting Practices
(GAAP), or industry standards.
Section 24. The Company 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 25. The Company shall maintain insurance as
required by Chapter 114 of the City Code of ordinances and shall
comply with other provisions of Chapter 114 of the Code of
Ordinances.
Section 26. This agreement can be terminated by the City or
by the Company for any reason with 180 days written notice.
Nevertheless, the agreement can be terminated by the City at any
time if the ambulance company violates any of the terms of this
agreement or of Chapter 114 of the Code of Ordinances.
Section 27. When the Company applied for a permit, the
Company provided information to the City that the Company had the
equipment, personnel, and financial capacity or credit to provide
ambulance service in the City of Port Arthur during the term of
this agreement. The Company shall provide interim reports to the
City as reasonably requested as to the status of its equipment,
personnel, financial capacity and financial credit. The Company
z.metroagreement2005_up~ted 12
shall provide the City information which shows the financial
stability of the Company. This information could be financial
statements, Dunn & Bradstreet reports, Moody reports, or credit
reports. They shall also provide to the City of Port Arthur such
additional items as denoted in Exhibit "A". If the Company
ceases to provide ambulance service in the City of Port Arthur
without providing 180 days notice and without providing
ambulances as denoted in Section 17, then the Company shall pay
the City of Port Arthur such sums as to make up its quarterly
payments of $12,500 plus a transitional fee of $100,000.
Section 28. Any notice provided in the contract shall be
given in writing to the parties by certified mail, return receipt
requested as follows:
TO CITY: TO THE COMPANY:
CITY OF PORT ARTHUR METROCARE EMS, L.P.
Stephen Fitzgibbons P.O. Box 22278
City Manager Beaumont, Texas 77702
P. O. Box 1089 Street
444 - 4th Street 3734 North Highway 69
Port Arthur, Texas Nederland, Texas 77627
77641-1089 (Physical address for delivery only)
Section 28. This agreement is effective the 15st day of
July, 2005 and shall expire on the 15"t day of July, 2007.
z. met roagreement 2 0 0 5_updat ed 13
SIGNED AND AGREED to on the ~ day of J~ , 2005.
CITY OF PORT ARTHUR:
~ EPHEN FITZGIBBONS,
CITY MANAGER
WITNESSED BY:J
2005.
METROCARE EMS, L.P.
WITNESSED BY:
z. met roagreement 2 0 0 5_updat ed ]4
EXHIBIT "A"
Such documentation as reasonably requested by the
Fire Chief to monitor compliance with this Agreement
z. metroagreement2005 updated 15