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HomeMy WebLinkAbout16908 ORD - 03/03/1982AN ORDINANCE AUTHORIZING EXECUTION OF AN AMENDED "AGREEMENT WITH THE NUECES COUNTY HOSPITAL DISTRICT FOR OPERATION OF A COUNTY -WIDE PUBLIC AMBULANCE SERVICE WHICH PROVIDES FOR THE REMOVAL OF ALL REFERENCE TO NON- EMERGENCY OR ELECTIVE AMBULANCE SERVICE, A SUBSTANTIAL COPY OF WHICH AMENDED AGREEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. 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 execute an amended agreement with the Nueces County Hospital District for operation of a county -wide public ambulance service which provides for the removal of all reference to non -emergency or elective ambulance service, all as more fully set forth in the amended agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SEP 28 1984 wokuti06-D. 16908 AGREEMENT FOR AMBULANCE SERVICE THE STATE OF TEXAS § COUNTY OF NUECES § 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, as amended, hereinafter 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 called "County"; and WHEREAS, the City of Corpus Christi is a duly incorporated municipality and home rule city situated in Nueces County, Texas, hereinafter 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 ambulance service, equipment, supplies and personnel for the use and benefit of the inhabitants of the City of Corpus Christi and the County of Nueces; and WHEREAS, 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 as to the undertakings herein of the District, have entered this Agreement for the accomplishment of the purposes and objectives aforesaid: WITNESSETH: A. Definitions. "Level of Service." The budgetary value of the total number of personnel and types and quantities of equipment and supplies required to perform a described activity for the public for a stated period. "Public Ambulance System". The combined operation of vehicles, equipment, communications, personnel and failities, including the procedures and governing offices therefor in the District and the City, 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 representative", "District r representative", and "representatives of the City and the District" are embraced by these definitions. B. Contract Representatives. It is hereby agreed between the City and the District that for the 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. 11 AMBULANCE ADVISORY COUNCIL The Ambulance Advisory Council is hereby established for the purpose of advising and consulting with the City and the District in regard to the operation of the Public Ambulance Sytem. 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 2 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 expiring one year from their dates of zappointment, 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 reappointment 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 provider- 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 --- 3 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 representatives. The duties and functions of the Council shall be advisory only. 111 PERIODIC REVIEW A. Periodic review of the efficiency, reliability and 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. B. Review of the efficiency and needs of the Memorial Medical Center Emergency Room facilities shall be made with the ,advice or 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 'normal administrative channels. C. Findings and recommendations of such reviews shall be reduced to writing and made available in copies to the said representatives 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 LIABILITY INSURANCE It is agreed that public liability insurance and/or self-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 4 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; A. Paramedical Training. The District with the cooperation of the Nueces County 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. B. Initial Date and Collection Effort. The District representative shall promulgate procedures 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. Subsequent Collection Procedures. 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. District Records. 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. Medical Equipment and Supplies. The District mar, — where advantageous, provide medical equipment and supplies for 5 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: A. Equipment and supplies. The City shall provide all the necessary motor vehicles, motorized and mechanical equipment, nnaintenance equipment, medical equipment and supplies, personnel supplies, equipment System. uniforms and equipment, fuel and any other material or necessary to the operation of the Public Ambulance B. Maintenance. The City shall provide full and complete maintenance of all such equipment in accordance with the standards promulgated by the City representative. C. Personnel. 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. D. Dispatch stations and garages. The City shaLl provide adequate housing of vehicles and all equipment, supplio1. and personnel utilized in the operation of such ambulancos, locations agreed upon by the representatives of the city Hnd 111° District. Such housing shall insure proper protection of Olt equipment and personnel and be in such locations as to 6 the most reasonable'response to emergency cases as is consistent with thelobjectives of the Public Ambulance System. E. Communications. 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. F. Dispatch. 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 dicate. VIII A. Funding of the system. It is agreed and stipulated that the City and the District 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 hereunder shall be subject to negotiation between the District and the City at least every six (6) months. Changes in level of service. By written notice, effective at the expiration of ninety (90) 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. 7 D. Gain and Loss. In the calculation of the semi-amnnual gains and losses 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 instituion of the System or the placement of orders or hiring therefor. E. Audit., 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 to - the requested facility, and nature of the injuries from which such person is suffering, and if in 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. 8 A. Communications and its operations. The City and the District hereby agree that it is 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. D. Advertisement. The District and the City further agree that they jointly will institute mass public advertising of the Public Ambulance System, advising the public, prior to the commencement of operations by such 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 9 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. 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, 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; Emergency 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 like additional terms unless either party desires to terminate such Agreement, in which event - 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, 302 S. Shoreline, P.O. Box 9277, Corpus Christi, Texas, 78408; Administrator, Nueces County Hospital 10 District at Memorial Medical Center; County Judge, Nueces County at the Nueces County Courthouse, Nueces County, Texas. EXECUTED IN TRIPLICATE ORIGINALS this day of , 1982, at Corpus Christi, Nueces County, Texas. NUECES COUNTY HOSPITAL DISTRICT THE CITY OF CORPUS CHRISTI By By Administrator/Secretary City Manager City Secretary APPROVED: APPROVED: Attorney for District APPROVED this day of The County of Nueces, Texas. ATTEST: , 1982, by County Clerk County Judge Nueces County County of Nueces, Texas 11 That the foregoing ordinance was read for t frst time 21)14 passed to its second reading on this the /7 day of , 19 AL/ , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance read for third reading on this the day o following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Or. Charles W. Kennedy Cliff Zarsky e second4time passed to its , 194'4= , by the That the foreggingprdinance w read r the thkd time and passed finally on this the day of , 19 11-, by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the ...3,(a/ day of /624.ii-- , 19 g2-/ ATTEST: -.1(14642al .411.4. _•,'/-Zdt,/ / City 0ecretary ' MAY ar AP ROVED: THE CI TrOF CORPUS CHRISTI, TEXAS DY OF , l915?-: J. BRUCE AY CK CITY ORNEY t•ity A torney 16908