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.
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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
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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 ---
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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
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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
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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
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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.
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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.
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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
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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
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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
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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