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HomeMy WebLinkAbout11443 ORD - 04/04/1973'JRR:HG:e:4 /4/73 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE NUECES COUNTY HOSPITAL DISTRICT TO OPERATE AN AMBULANCE SERVICE, AND WITH THE COUNTY OF NUECES FOR USE OF COUNTY ROADS, ALL AS IS MORE FULLY SET FORTH IN SAID AGREEMENTS, A COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B "; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager be, and he.-is hereby, authorized to enter into agreements with the Nueces County Hospital District to operate an ambulance service, and with the County of Nueces for use of County roads, all as is more fully set forth in said agreements, a copy of each being attached hereto and made a part hereof, marked Exhibits "A" and "B ". SECTION 2. The necessity to authorize the City Manager to enter into agreements to operate an ambulance service and for the use of County roads, for the use and benefit of the inhabitants of the City of Corpus Christi and County of Nueces at the earliest possible date creates a public emergency and imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared such emergency and necessity to exist, and having requested the suspension ofthe Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the � day April, 1973. ATT r } 77 City City Secr to MAYOR THE CIT OF APPROVED: US.CHRISTI, TEXAS 4TH Y F PRIL, 1973: O / / y . it A orney 1 443 AGREEMENT FOR AMBULANCE SERVICES THE STATE OF TEXAS X COUNTY OF NUECES X WHEREAS, the Nueces County Hospital District is a hospital district established and operating in Nueces County, Texas, including the City of Corpus Christi under and by virtue of Article 4494n, Revised Statutes of Texas, 1925, as amended, hereinafter sometimes called "District "; and WHEREAS, the County of Nueces is a county of the State of Texas duly organized and established in the State and hereinafter sometimes called "County "; and WHEREAS, the City of Corpus Christi is a duly incorporated municipality, body politic, and home rule city situated in Nueces County, Texas and duly incorporated under and by virtue of Special Charter granted by S.B. No. 318, Thirty -First Legislature, Regular Session, and by Home Rule Charter adopted November 23, 1939, pursuant to Article 1175, Revised Statutes of Texas, 1925, as amended, hereinafter sometimes called "City "; and WHEREAS, there is a great and immediate public necessity for a Public Ambulance System capable of providing safe, rapid, and reliable emergency and elective ambulance services, equipment, supplies and personnel for the use and benefit of the inhabitants of the City of Corpus Christi and the County of Nueces; and VMEREAS, to properly provide, govern, and administer such Public Ambulance System for the said inhabitants, the District and the City, with the approval of the County of Nueces, Texas, as to the undertakings herein of the District, have entered this Agreement and Contract for the accomplishment of the purposes and objectives aforesaid: W I T N E S S E T H This Agreement entered into by and between the City of Corpus Christi, hereinafter sometimes referred to as "City ", and the Nueces County Hospital District, hereinafter sometimes referred to as "District." A. Definitions. "Elective Calls." Transfer or non - emergency ambulance carriage of a patient or patients. "Level of Service." The budgetary value of the total number of personnel and types and quantities of equipment and supplies required to perform a - descri,bcd activity for the public for a stated period. "Public Ambulance System ". The combined operation of vehicles, equipment, communications, personnel and facili- ties, including the procedures and governing offices therefor in the Nueces County Hospital District and the City of Corpus Christi, as provided by this Agreement, for delivery of public ambulance service at reasonable charges to the public. "Representative of the City "; "Representative of the District ". These phrases refer, respectively, to the City Manager of the City of Corpus Christi and to the Administrator of the Nueces County Hospital District and includes, both singular and plural, whomever the said City Manager and the said Administrator may severally or jointly designate as their agents or delegates, generally or as to a particular transaction. Variants, such as "City representa- tive ", "District representative ", and "representatives of the City'and the District" are embraced by these definitions. CONTRACT B. It is hereby agreed between the City and the District that for the REPRESENTA- TIVES implementation and administration of this Agreement the City shall be represented and such representative shall have the authority to act in all matters, with the exception of matters required to be submitted to the governing body of the City, by the City Manager of the City or his designated representatives. The District shall be represented and such representatives shall have the authority to act in all matters,.with the exception of matters required to be submitted to the governing body of the District, by the Administrator of the District or his designated representatives. II AMBULANCE The Ambulance Advisory Counci ADVISORY l is hereby established for the purpose of COUNCIL advising and consulting with the City and the District in regard to the operation of the Public Ambulance System. A. Composition. The Council will consist of seven (7) members. Three (3) members may be appointed by the City, not more than one of which may be an officer or employee of the City. The District may appoint three (3) members, not more than one of which shall be an officer or employee of the District. The Nueces County Medical Society may appoint one member from the Society's membership. All Advisory Council members shall be Nueces County residents and shall serve without compensation. B. Tenure. The term of each member appointed by the City or by the District shall be for three (3) years, except as herein otherwise expressly provided. The term of each member appointed by the Nueces County Medical Society shall be for one (1) year. The first or initial three members appointed by the City and the initial three appointed by the District, however, shall be designated for terms of one, two and three years respectively to the end that one City member and one District member shall have terms -2- expiring one year from their dates of appointment, one City member and one District member shall have terms expiring two years from their dates of appointment, and one City member and one District member shall have terms expiring three years from their dates of appointment. Thereafter all City and District appointments shall be for three -year terms except in case of interim appointments as hereinafter provided. Any member may be reappointed for successive terms without limitation but re- appointment shall not be a matter of right of any member. Provided further that in the event of death, or disability, or inability, or resignation of any member of said Council the body having appointed such member to the term in which such event occurs shall have the right to fill the vacancy thus created by an interim appointment for the unexpired remainder of the term. C. Officers. Council officers shall consist of a chairman, who shall preside at all Council meetings, except as the Council by -laws may otherwise provide, a vice - chairman, a secretary, and such other officers as the Council may from time to time provide. Officers shall be elected at such times as the Council may provide in its by -laws and election shall be by a majority vote of the members present at the Council election meeting. Officers shall have such duties, and the Council shall conduct its business, as its by -laws may provide, consistent with this Agreement and subject to the approval of such by -laws and amendments thereto by both representatives of the City and the District. D. Council Duties. The Council shall perform such advisory and consultative duties as it may be assigned by the representatives of the City and the District. Assignments of such duties may be made jointly by the District and /or the City represen= tatives. The duties and functions of the Council shall be advisory only. III PERIODIC A. Periodic review oL the efficiency, reliability and P REVIEW needs of all operations connected with the Public Ambulance System shall be made at least once a year by the representatives of the City and the District. -3- B. Review of the efficiency and needs of the Memorial Medical Center Emergency Room facilities shall be made with the advice and consultation of licensed physicians and surgeons Practicing in the City of Corpus Christi or Nueces County on the Medical - Dental staff at Memorial Medical Center through its i normal administrative channels. C. Findings and recommendations of such reviews shall be reduced to writing and made available in copies to the said repre- sentatives and the Chairman of the Ambulance Advisory Council. IV It is agreed that an "Emergency Medical Technician" shall be in charge of each ambulance and shall keep accurate records and reports of all activities of such ambulance in form and procedure as jointly prescribed by the District and the City. V PUBLIC It is agreed that public liability insurance and /or self- insurance LIABILITY INSURANCE shall be secured and maintained to cover the Public Ambulance System operations by the City. Such coverage shall be sufficient to reasonably provide adequate financial remuneration for those who may be injured or damaged in such operations. Cost of said insurance and /or self - insurance shall be borne equally by the City and the District. VI It is agreed and stipulated that the District shall, under this Agreement, and in addition to any other remuneration elsewhere herein, have the following rights, duties, and obligations; PARAMEDICAL - A. The District with the cooperation of the Nueces County TRAINING Medical Society, shall be responsible for the paramedical education and training of all personnel selected by the City for service in the Public Ambulance System. Such training shall be conducted to insure the able performance of their duties by such personnel consistent with the time and financial resources of the parties. INITIAL DATE B. The District representative shall promulgate procedures AND COLLECTION EFFORT and regulations subject to the approval of the City for the Emergency Medical Technicians to facilitate the collection of charges set forth herein to insure payment for such services, consistent with the safety and protection of the subject of the emergency call. -4- • . ' SUBSEQUENT COLLECTION PROCEDURES DISTRICT RECORDS MEDICAL EQUIPMENT AND SUPPLIES • In the event such collections cannot be made by Technicians as above described, the District shall undertake the collection from such persons. The District hereby agrees to utilize its facilities to expedite collection of all such monies owed the Public Ambulance System, and to account for such monies quarterly to the City and District representatives. C. The District shall have the responsibility of keeping adequate records relating to the Public Ambulance System and its connection with Memorial Medical Center Emergency Room, and other records and reports as described elsewhere herein. D. The District may, where advantageous, provide medical equipment and supplies for the use of Public Ambulance System which shall be paid by the City. E. The District will furnish medical supervision of' the Public Ambulance System. VII It is agreed and stipulated that the City shall, under this Agreement, and in addition to any other remuneration elsewhere herein, have the following rights, duties, and obligations: EQUIPMENT A. The City shall provide all the necessary motor vehicles, AND SUPPLIES motorized and mechanical equipment, maintenance equipment, medical equipment and supplies, personnel supplies, uniforms and equipment, fuel and any other material or equipment necessary to the operation of the Public Ambulance System. MAINTENANCE B. The City shall provide full and complete maintenance of all such equipment in accordance with the standards promulgated by the City representative. PERSONNEL C. The City shall be responsible for the recruitment, selection, or hiring of all personnel trained as Emergency Medical Technicians and they shall be and become employees of the City and its agencies. Such employees shall be entitled to all the rights, privileges and immunities given employees under Constitution and statutes of the State of Texas and the rules, regulations and ordinances of such City. The City shall be responsible for the payment of all wages and salaries and other benefits of such employees and the keeping of all payroll records, subject to the provisions of Section VIII hereof. -5- DISPATCH D. The City shall STATIONS AND provide adequate housing of vehicles and GARAGES all equipment, supplies and personnel utilized in the operation of such ambulances, at locations agreed upon by the representatives of the City and the District. Such housing shall insure proper protection of all equipment and personnel and be in such locations as to provide the most reasonable response to emergency cases as is consistent with the objectives of the Public Ambulance System. COMUNICATIONS E. The City shall furnish all communications systems necessary for the most rapid and reliable response to any emergency, subject to provisions of Paragraph X on Communications. DISPATCH F. The City shall have complete charge of the dispatch and routing of all ambulances hereunder. G. City shall have the authority to employ or use ambulance operators to supplement public ambulances when emergency conditions so dictate. VIII FUNDING A. It is agreed and stipulated that the City and the District OF THE SYSTEM shall participate_ on an equal basis in the financial net gains or net losses. resulting from the operation of the Public Ambulance System. B. Such gains or losses shall be determined semi- annually and adjustments made between the parties so that each will share equally in any gain or loss. C. The level of services to be provided by the City here- under shall be subject to negotiation between the District and the City at least every six (6) months. CHANGES IN By written notice, effective at the expiration of ninety (90) SERVICE days after delivery of such notice by either representative to the other, any current level of service may be reduced by either party. Such notice shall specify the reason for reduction of service of the Public Ambulance System and specify the amount of additional income required by the Public Ambulance System for the notifying Party (City or District) to continue their participation in maintaining the current level of service. Rates charged for any Public Ambulance System services may be changed at any time by joint agreement of the District and the City. -6- FACTORS IN D. In the calculation of the semi GAIN AND - annual gains and losses LOSS the expenditures by the City and the District, respectively, will include depreciation of new equipment or facilities acquired for the Public Ambulance System and all other direct expenses but will not include any allocated costs for existing personnel or facilities prior to institution of the System or the placement of orders or hiring therefor. AUDIT E. The books and records of the Public Ambulance System shall be audited annually under certificate by a Certified Public Accountant at the joint expense and upon joint selection by the City and the District. IX PATIENT DESIGNATION OF FACILITY It is agreed by and between the City and the District that whenever the Public Ambulance System is utilized in emergency cases that all persons using such service shall be brought forthwith to the Emergency Room of Memorial Medical Center or other designated emergency facility operated by the District. Provided, however, that any persons who are using such Public Ambulance System or those who have authority to act for such person (such as adult or family members, or the physician of the subject) may request the person be delivered to such other designated hospital or emergency facility within Nueces County. Provided further when such a request is made by such person, or the person, such request shall be complied with by the Public Ambulance System and /or its employees, agents and representatives, only after giving due regard to the location of the requested facility, and nature of the injuries from which such person is suffering, and if in the judgment of such Public Ambulance System and /or its employees, agents and representatives the medical condition of such person is of a nature requiring transportation to a different facility than the facility requested, the request shall be denied and the person shall be transported in accordance with the procedure stated hereinabove. It is further agreed by and between the City and the District that when persons utilize the Public Ambulance System for non - emergency service, that such person, or those authorized to act for such person, may request that the person be delivered to such other facility as he may designate, and such request shall be complied with by the Public Ambulance System, if ptrysically psib]e to reach and enter such desiguated fw.l{ty -7- 0 X COFPRINICATIONS A. The City and the District hereby agree that it is AND ITS OPERATION absolutely necessary for the efficient operation of the Public Ambulance System to have adequate radio and other types of mobile communications between the City Police and the Fire Department, the emergency ambulance vehicles, and the Emergency Room of Memorial Medical Center. B. The City shall provide all such communications equipment and accessories as will accomplish this purpose. C. It is hereby specifically agreed that there shall be reliable communications always available between the Corpus Christi Police Department, Fire Department, the ambulance vehicles and Memorial Medical Center Emergency Room, barring acts of God and force majeure, including but not limited to strikes, riots, war and natural disasters. Such system must insure reliable, rapid and clear communications of any and all matters which may in any way affect the operation of the Public Ambulance System, including but not limited to the capacity to provide, in the future, when feasible, all medical instrumentation transmitted from the body of the subject of the emergency call. ADVERTISEMENT D. The District and the City further agree that,the y jointly Will institute mass public advertising of the Public Ambulance System, advising the public, prior to the commencement of operations by Stich system, of the manner in which such services may be contacted or procured. XI STANDARDS The City and the District agree that the Public Ambulance System will comply with the recognized standards set forth by applicable Municipal, State, and Federal statutes and for any other standards, jointly recognized by the City and the District, set forth by various agencies and organizations such as the American College Of Surgeons, the United States Department of Transportation, the Texas State Department of Health, the National Academy of Sciences/ National Research Counsel, and others, such standards dealing with but not limited to the training and qualifications of all personnel and the procurement and maintenance of all equipment and supplies Of all types necessary for an exemplary medical service and ambulance service. -8- • It is agreed that the representatives of the City and the District jointly may adopt such standards of service and upon the adoption of such standards as adopted by such representatives shall become a part of this Agreement until in writing superceded or deleted by such representatives. XII The City and the District agree that rates shall be promulgated for services that are described below in accordance with the provisions of Paragraph VI, Section B herein, and Paragraph VIII, Sections C and D herein. Such services are, to -wit: Emergency calls within the City of Corpus Christi; Emergency calls outside the City of Corpus Christi but within the confines of Nueces County, Texas; Non - emergency, or elective, calls inside the City of Corpus Christi; Non- emergency, or elective, calls .outside the City of Corpus Christi but within Nueces County, Texas; and Emergency or non - emergency or elective, calls outside Nueces County, Texas. The City and the District agree that they are hereby empowered to jointly contract with private businesses operating ambulance services to provide reserve or backup service for all of the type calls listed hereinabove. XIII The District and the City hereby agree that the term of this Agreement shall be two (2) years and that such Agreement and its amendments shall continue for a like additional term unless either party desires to terminate such Agreement, in which every such party shall, at least ninety (90) days prior to the end of such term, notify in writing the other party serving such notice by U. S. Mail. For purposes of making such notice the following shall be served with such notice: City Manager, City of Corpus Christi at the City Hall; Administrator, Nueces County Hospital District at Memorial Medical Center; County Judge, Nueces County at the Nueces County Courthouse, Nueces County, Texas. EXECUTED IN TRIPLICATE ORIGINALS this day of 1973, at Corpus Christi, Nueces County, Texas. -9- • NUECES COUNTY HOSPITAL DISTRICT ATTEST: Secretary APPROVED: CITY OF CORPUS CHRISTI ATTEST: City Secretary APPROVE , Attorney for District ty Attorney Administrator City Manager APPROVED this day of 1973 by the County of Nueces, Texas. ATTEST: C ounty Judge County of Nueces, Texas County Clerk Nueces County AGREEMENT THE STATE OF TEXAS X COUNTY OF NUECES X WHEREAS, the Nueces County Hospital District has entered into a contract with the City of Corpus Christi to provide a Public Ambulance System for the inhabitants of Nueces County; and WHEREAS, the Commissioners' Court of Nueces County finds said agreement to be of benefit and advantage to the public health and safety of the inhabitants of Nueces County; and WHEREAS, in furtherance of said agreement, the said City of Corpus Christi and the Nueces County Hospital District has requested the County's express consent to the City's and District's use of the County's streets, roads, highways, bridges, and other public places and, to the extent possible under the law, the release by the County of the City and the District of claims for damages arising from any collision by a vehicle of said Public Ambulance System; NOW THEREFORE, WITNESSETH This agreement, for and in consideration of the City of Corpus Christi and the Nueces County Hospital District operating jointly a Public Ambulance System for the benefit of all inhabitants of Nueces County The County of Nueces gives and grants to the City of Corpus Christi and Nueces County Hospital District full and complete authority to make ambulance runs over the County's streets, roads, highways, bridges, and other public places. To the extent possible under the law the County of Nueces releases and waives any claims for damages arising from any collision by a vehicle of said Public Ambulance System. Executed this day of , 1973 at Corpus Christi, Nueces County, Texas. County Judge County of Nueces, Texas y. �X 14 /,d /7 '� ATTEST: _ County Clerk APPROVED: County Attorney NUECES COUNTY HOSPITAL DISTRICT CITY OF CORPUS CHRISTI APPROVED: ATTEST: Administrator and Secretary City Secretary APPROVEDi Attorney for District City manager A C /ty At orney y CORPUS CHRISTI, TEXAS AY OF TO THE MEMBERS OF THE CITY COUNCIL -�-� CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY .CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL 13E READ AT THREE MEETINGS OF THE CITY COUNCIL; 1, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. ESPECTF Y, _ d . a MAYOR THE CITY F CO S HRISTI, TEXAS ,TY.E CHARTER RULE WAS-SUSPENDED BY THE FOLLOWING VOTE: - BONNIE $IZEMORE • - - CHARLES A. BONNIWELL ROBERTO BOSQUEZ, M.D. REV,. HAROLD T. BRANCH _ THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING BONNIE SI2EMORE � CHARLES A. BONNIWELL RoBERTO BoSQUEZ, M.O. REV. HAROLD T. BRANCH THOMAS V. GONZALES - GABE LOZANO, SR. J. HOWARD STARK