HomeMy WebLinkAboutORD 2017-68 - Agrmt American Medical ResponseAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS GRANTING TO AMERICAN MEDICAL
RESPONSE OF TEXAS, INC., DBA AMERICAN MEDICAL RESPONSE,
A FRANCHISE TO OPERATE A MEDICAL TRANSFER SERVICE.
WHEREAS, the City of Georgetown adopted Ordinance No 2015-36 adding Chapter 2.29 to the
Code of Ordinances requiring a medical transfer service to obtain a franchise agreement with the City in
order to operate within the city limits of the City of Georgetown;
WHEREAS, the City received an application from American Medical Response of Texas, Inc. to
operate a medical transfer service pursuant to Chapter 2.29 of the Code of Ordinances;
WHEREAS, the Fire Chief has reviewed the application and recommends approval of this
Franchise Agreement; and
WHEREAS, the City Council has determined that granting American Medical Response of
Texas, Inc. a franchise agreement will serve public convenience and necessity.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, THAT:
Section 1. Grant of Franchise; Acceptance; Term
(a) There is hereby granted to American Medical Response of Texas, Inc., dba American
Medical Response, ("Franchisee") the nonexclusive right, privilege and franchise to
operate a medical transfer service for the limited scope of Neonate Intensive Care Unit
(NICU) and/or Pediatric Intensive Care Unit (PICU) Response Team transport(s) on the
public rights-of-way of the City of Georgetown, Texas.
(b) In order to accept this franchise, Franchisee must file with the City Secretary its written
acceptance of this franchise ordinance within sixty (60) days of its final passage and
approval by City.
(c) The term of this franchise begins on October 1, 2017 and expires on September 30, 2019
unless sooner terminated in accordance with this franchise agreement.
Section 2. Extension of Franchise
(a) Franchisee may request a three (3) year extension of this franchise by submitting the
application and documentation required by the Fire Chief. The request for an extension
must be received no later than six months prior to the expiration of the franchise
agreement.
Ordinance Number: aok-1-1-. Y Page I of 14
Description: Granting rani ise Agreement to AMR
Date Approved: 10 elp f
Section 3. Compliance with Laws
(a) Franchisee, its employees and agents, shall comply with all applicable federal, state and
City laws, rules, regulations, codes and other requirements in connection with operation
of its medical transfer service.
Section 4. Compensation to the City
(a) Franchisee shall pay to the City as compensation during each year of this Franchise an
annual fee of five hundred dollars ($500.00) for each vehicle providing Neonate Intensive
Care Unit (NICU) or Pediatric Intensive Care Unit (PICU) medical transportation in the
City of Georgetown.
Section 5. Mutual Aid; Emergency Services
(a) Franchisee shall provide mutual aid in cases of large-scale disaster or instances when
there are no available ambulances to respond to 911 calls.
(d) Franchisee shall not self-respond/self-dispatch to emergency events, but Franchisee is
obligated to provide appropriate medical care if its personnel come upon a person that is
experiencing what appears to be a medical emergency. If such a response occurs, the
franchisee will notify the City Communication Center as soon as reasonably possible. To
clarify this obligation, Franchisee shall not monitor police or fire calls and respond to an
emergency unless appropriately dispatched by the City Communication Center, but if
personnel of franchisee see a person that appears to be experiencing a medical
emergency, the City expects that the franchisee's personnel will assess the situation and
provide appropriate medical care.
(e) The City of Georgetown reserves and retains the right to provide non -emergency medical
services, integrated health and community outreach programs in the City and/or franchise
area. It is the goal of Georgetown Fire Department to implement Fire Based Community
Health Programs during the term of this franchise which will include Mobile Integrated
Health Services. Franchisee may be invited to participate and collaborate in identified
services. This Franchise does not permit the franchisee to provide new system medical
and outreach programs, unless approved in advance by the Georgetown Fire Department
Medical Director. Approval will not be unreasonably withheld or delayed.
Ordinance Number: _)01.-7- (e$ Page 2 of 14
Description: Granting Vranc4ise Agreement to AMR
Date Approved: 10 b
Section 6. City's Right to Purchase
(a) The City may purchase the franchisee's medical transfer service at any time before the
expiration of this Franchise.
(b) If the City elects to exercise its right to purchase the franchisee's medical transfer service,
the City shall notify the franchisee in writing at least 90 days before the effective date of
the purchase.
(c) The City and franchisee shall have 30 days following the date of the City's notice to
negotiate and agree upon a purchase price. If they fail to reach agreement within such 30
day period each party shall, within 60 days following the date of the City's notice of
intent to purchase, designate an appraiser experienced and knowledgeable in the
valuation of similar services.
Each appraiser shall conduct an independent appraisal of the fair market value of
the franchisee's medical transfer service as a going concern as of the effective
date of the purchase by the City.
2. Each party shall be responsible for the appraisal fees of its own appraisers.
3. In conducting the appraisals, the appraisers shall consider, among other factors,
the documented start-up costs incurred by franchisee, expanding services to the
City's corporate limits, the book -value of the assets constituting the franchisee's
medical transfer service, the age, condition, and remaining useful life of the
franchisee's property utilized in performing services under this Franchise, and
the discounted future revenue stream considering the franchisee's actual
customer base at the time the notice of purchase is given by the City, for the
remaining useful life of the assets.
4. If the two independent appraisals result in purchase prices that are within 20
percent of each other, the purchase price to be paid by the City will be the
average of the two appraisals. If the two independent appraisals are not within 20
percent of each other, then the two appraisers shall discuss their appraisals and
attempt to arrive at a joint determination concerning the purchase price. If the
two appraisers are not able to arrive at a joint determination of fair market value
within 120 days after the City's notice of its intent to purchase, then the City and
franchisee shall jointly select a third independent appraiser. The third appraiser
shall submit a determination of the purchase price within thirty days of being
selected, and the purchase price shall be the average of the three appraisals. The
City and the franchisee shall each pay fifty percent (50%) of the costs of the third
independent appraiser.
Ordinance plumber: @01 :2--LPT Page 3 of 14
Description: Granting ranch'se Agreement to AMR
Date Approved: 1 7
(d) The purchase price shall be payable in cash unless the parties mutually agree otherwise.
If the City exercises the purchase option, pays the purchase price, and serves notice of the
action on the franchisee, the franchisee shall immediately transfer to the City title to the
franchisee's medical transfer service and all property, real and personal, of the
franchisee's medical transfer system.
(e) The franchisee shall transfer the property free from liens and encumbrances unless the
City agrees to assume the encumbrances in lieu of some portion of the purchase price.
(f) The franchisee shall execute and deliver warranty deeds, bills of sale, or other
instruments of conveyance to the City to complete the transfer.
Section 7. Rates and charges
The following shall apply to all of Franchisee billing rates, unless otherwise amended with City
approval:
(a) No patient or other payer shall be charged less than the Medicare allowable rate.
(b) Non -medically necessary transports, provided by the franchisee, shall be assessed a base
rate of not less than $40 per transport and $2.50 per mile. This service cannot be used to
incentivize transport services, businesses or contracts
(c) Emergency medical (911) transports shall be billed at the rates adopted by the City.
Section 8. Transporting Patients
(a) When the franchisee accepts a call, it must follow through with the transportation of the
patient to the desired facility, within a reasonable distance. The franchisee can deny no
one service because of race, sex, age, origin, national creed or ability to pay.
(b) Franchisee shall have available at its own expense, and staff 24 hours a day, a telephone
for transfer service requests.
(c) Franchisee shall provide a one-for-one supply replacement program, at no cost to the
City, for situations where the City renders care/medical supplies and the patient is
transported by the franchisee.
(d) Franchisee shall respond to any Neonate Intensive Care Unit (NICU) or Pediatric
Intensive Care Unit (PICU) Team Response service within 9 minutes and 59 seconds at
any time of day, any day of the week from the time of the request and/or the agreed upon
scheduled time of pick-up.
Ordinance Number: _,&?01 r1 ^ _(o48 Page 4 of 14
Description: Granting Franc ise Agreement to AMR
Date Approved: 10 01
(e) Franchisee, at their discretion, may request that another entity assist with the Neonate
Intensive Care Unit (NICU) or Pediatric Intensive Care Unit (PICU) medical transport
request. This request must be made to the City Communication Center within 1 minute
and 59 seconds of the initial service request. Franchisee maintains responsibility if an
alternative option is not available. If an alternative option is available, the original
response time shall remain applicable. Performance shall be measured monthly and must
be reported via a declination and acceptance report.
(i) Franchisee shall not use, encourage, advocate or solicit the use of any telephone number
or system of communication in lieu of the 911 emergency telephone system number for
the dispatch of an ambulance to any call except for medical transfer service as defined by
this Ordinance.
(j) Unless otherwise specified in its franchise agreement, when a provider receives, through
any means, a request for service which if processed through EMS priority dispatch
protocols would be determined to be a Category A, B, C, D, or E level call for EMS
ambulance service the provider shall electronically transfer information on the call to the
City Communication Center, including patient location, condition and call-back number.
(k) Except with respect to medical transfer service, when a provider is providing special
event medical service and a patient's condition requires transport, or a provider is directly
called to transport a patient from a special event, the provider shall electronically transfer
information on patient location, condition, availability of or need for the dispatch of an
emergency medical ambulance and call-back number to the City Communication Center.
(1) Franchisee shall mark each vehicle distinctly with the name of the company providing
medical transport service. The words "Emergency Medical Services" or "EMS" shall not
be written on any vehicle, and the vehicle shall not be marked in any way which might
cause confusion with City or County EMS vehicles. The name of the provider company
shall be prominently displayed so that it accurately conveys the entity that is rendering
services.
(m) Franchisee shall not hold out to the public in any manner that their personnel are trained
EMTs or paramedics unless they have been so certified by the Texas Department of State
Health Services, Emergency Services Medical Division.
(n) Ambulances shall be used only for the purpose of transporting patients, and no other use
shall be lawful.
(o) Franchisee shall provide critical care transport (CCT) and personnel, or other reasonable
specialty needs, when requested by the City.
Ordinance Number: ;)0j -7— (v'9 5 of 14
Description: Granting Franel 'se Agreement to AMR
Date Approved: 10 C> j `]
(p) Franchisee shall participate in the City's EMS Continuous Quality Improvement (CQI)
and peer review process, when requested by the Fire Chief.
(q) Failure to meet requirements of this Section of the franchise agreement shall result in the
following penalty:
$200 per response time offense below a 90% monthly compliance rate — to be
reported and paid monthly
3. $2000 penalty for failing to meet 90% compliance during a monthly reporting
period.
4. $4000 penalty for failing to meet 90% compliance during two (2) monthly
reporting periods in a rolling 12 -month cycle
5. $8000 penalty for failing to meet 90% compliance during three (3) monthly
reporting periods in a rolling 12 -month cycle
Section 9. Inspection
(a) The Fire Chief or his designee shall have the right to inspect the franchisee's vehicles,
equipment and personnel, at any time without prior notice, to ensure compliance with
local, state, and federal regulations.
(b) Prior to the commencement of operations, the Fire Chief or his designee shall inspect all
ambulances used by franchisee in operating its transfer service at a reasonable time. An
ambulance must pass inspection and have a current valid permit sticker prior to any use
for customer transportation or care.
(c) Field Inspections. Ambulances may be field inspected at any hour by the Fire Chief and
he may require any ambulance to proceed to a specified location for further inspection.
(d) Written Inspection Report. GFD shall give the franchisee a written report at the time of
inspection indicating any deficiencies.
(e) Permit Sticker. A vehicle that meets the requirements of this franchise under this
ordinance shall be issued a permit sticker indicating its validity for a twelve (12) month
period from the date of successful inspection. The scheduled expiration date shall not be
deemed to impair or limit the City's ability to conduct field inspections or perform any
other function under the terms of this franchise.
(f) Permit Sticker Non -transferable. A permit sticker is not transferable from one vehicle to
another.
Ordinance Number: — Page 6 of 14
Description: Granting Fanchis • Agrecinent to AMR
Date Approved: D 0
(g) Permit Sticker - Reserve. A reserve permit sticker may be purchased for the temporary
use of an alternative vehicle substituting for a vehicle originally permitted by the City.
The intent of this provision is to allow the franchisee some limited flexibility in
scheduling maintenance and/or repair to the ambulances that are operating under the
franchise license. Franchisee shall operate the reserve or temporary unit under an existing
unit designator that has been authorized for operation within the City.
(h) Ambulances Not Passing Inspection. Any ambulance found not to be in compliance with
the requirements of this franchise or of any other ordinance of the City regulating the use
of ambulances on the streets and alleys of the City of Georgetown shall (1) fail
inspection, (2) be considered not safe or useable and (3) have any existing permit sticker
removed. Thereafter, until the vehicle passes inspection, it shall not be operated for
customer transportation or care upon the streets of the City of Georgetown.
(h) Re -inspection; At the request of the franchisee, GFD shall re -inspect a vehicle that has
failed inspection to determine if the deficiencies have been corrected. GFD may require
review of written documentation, such as equipment repair bills or sales receipts, and
may re -inspect the vehicle and equipment visually and mechanically for compliance with
this franchise. The vehicle may return to duty, when the franchisee has corrected the
problem and the vehicle passes inspection.
(i) As a result of any inspection where a vehicle or equipment is in noncompliance, the
inspector may take the following actions based on the severity of the infraction:
1. Inform the operator of the problem.
2. If not corrected within thirty -(30) days, the inspector shall notify the state
regulatory agency.
3. When the problem is severe, the inspector shall notify the franchisee and the state
regulatory agency.
4. The inspector shall file a written report outlining the problem with the Fire Chief
or their designee to include the following:
a. Day/date/time; and
b. Name of service and unit identification; and
C. Personnel; and
d. Nature of problem; and
e. Name of person completing the report.
Ordinance Number: Page 7 of 14
Description: Granting rand ise Agreement to AMR
Date Approved:
Section 10. Medical Control
(a) The franchisee shall retain the services of a Texas licensed physician to function as its
medical control physician to supervise the quality of service delivered by the franchisee.
(b) The franchisee and its Medical Director is expected to work collaboratively with the
Georgetown Fire Department (GFD) and the GFD Medical Director to ensure that a
cooperative and efficient service delivery model is maintained.
(c) The franchisee must maintain a level of care (protocol, standing orders, Quality
Assurance program, treatment, transport) as deemed appropriate by the Georgetown Fire
Department Medical Director.
Section 11. Records and Reports
(a) The franchisee shall file a monthly report to include call date/time, call
processing/transfer times, response times, call amendments/negotiations, standbys,
declination/acceptance, scheduled/unscheduled repair, employee training, call volume,
running time, breakdown of destination, daily utilization rate (UHU), complaints, and
roster of employees with level of certification to the Fire Chief. The Fire Chief may
amend the reporting requirements with two-week advanced notice. All reports must be
received prior to the 10`h day of each month.
(b) The franchisee must maintain an accurate record of calls answered, NICU/PICU Team
Responses, and patients transported, including all pertinent facts regarding the services
rendered.
(c) The Franchisee shall make its books and records available at any reasonable time for
inspection by the City.
(d) The franchisee shall notify the City in writing of all complaints received by and any
actions taken by the Texas Department of State Health and Services (DSHS) concerning
the franchisee. The franchisee shall have thirty -(30) days to respond to complaints and
violations and produce'evidence of any needed corrective action.
(e) The City Secretary shall keep on file all complaints for the life of the franchise. Such
complaints shall constitute a public record and be open for inspection and copying by
members of the public, in compliance with state and federal laws and regulations;
provided however, that such records do not compromise the confidentiality of the patient.
Section 12. Preferential or discriminatory practices prohibited
Ordinance Number: Page 8 of 14
Description: Granting Franchise Agrecruent to AMR
Date Approved:)
1 O" Ol
The franchisee shall sign and maintain an equal employment opportunity statement and shall so
advertise as an equal employment employer.
Section 13. Cooperation on Emergency and Training
(a) Franchisee shall, to the fullest extent possible, cooperate with the Georgetown Fire
Department and Emergency Management Coordinator and shall comply with the City's
Emergency Plan, including, but not limited to, providing ambulance service for mass -
casualty incidents ("MCI"), and providing ambulances and personnel for emergency
training purposes.
(b) Franchisee shall participate in training and rehearse on the National Incident
Management System and the Mass Casualty Plan every two years, and shall provide
upon request by the City verification that such training has been provided.
(c) Franchisee shall be actively involved in planning for and responding to any MCI, mass
gathering, wide -scale emergency incident or disaster or special event for which
Franchisee is licensed and is providing special event coverage, within the City.
Franchisee shall be required to participate in the City's EMS planning process and
cooperate with the implementation of the plans during any incident covered by the plans.
(d) Franchisee will participate in the City's EMS Continuous Quality Improvement and Peer -
Review processes when requested by the Fire Chief.
Section 14. Insurance
(a) The franchisee shall provide and maintain the following insurance in the following
minimum amounts:
One million dollars ($1,000,000) for bodily injury or death to any one person;
and
2. Five Hundred Thousand ($500,000) for property damage resulting from any one
accident; and
3. One million dollars ($1,000,000) for all other types of liability, including
malpractice.
(b) Such insurance policies shall not contain a passenger liability exclusion.
(c) Each policy shall name the City as an additional insured.
Ordinance Number: c 1'7— 6 7 Page 9 of 14
Description: Granting F anchi a Agreement to AMR
Date Approved:' t)
(d) Each liability insurance policy shall contain a provision obligating the insured to give the
Fire Chief written notice of cancellation or reduction not less than ten days prior to any
cancellation or reduction.
Section 15. Effect of Franchisee's bankruptcy or insolvency
In the event of the commencement of bankruptcy, receivership, assignment for the benefit of
creditors, foreclosure or any other insolvency proceedings, voluntary or involuntary, against or on
the part of the franchisee, the county council may declare the franchise immediately terminated
and the rights, privileges and authority of the franchisee shall immediately cease and terminate.
The bankrupt estate or receivership shall not consider the franchise an asset. Nor shall a
franchisee have any authority to mortgage, assign, pledge or deposit this franchise agreement or
any rights there under as security for any loan or any other thing, without the express formal
approval in advance of the City Council.
Section 16. Indemnity
(a) In consideration of the granting of this Franchise, the Franchisee shall, at its sole cost and
expense, defend, indemnify, and hold the City, and its past and present officers, agents
and employees harmless against any and all liability arising from suits, actions or all
claims of injury to any person or persons, or damages to any property brought or made
for or on account of any death, injuries to, or damages received or sustained by any
person or persons or for damage to or loss of property arising out of the operation of its
franchised business, or any way arising out of performance under this Agreement,
directly, or indirectly, when or to the extent injury is caused, or alleged to have been
caused, wholly or in part, by any act, omission, negligence, or misconduct of the
Franchisee or any of its contractors, subcontractors, officers, agents, or employees, or by
any person for whose act, omission, negligence, or misconduct, the Franchisee is by law
responsible.
(b) This provision is not intended to create liability for the benefit of third parties but is
solely for the benefit of the Franchisee and the City. In the event any claim is made
against the City that falls under this indemnity provision and a court of competent
jurisdiction should adjudge, by final decree, that the City is liable therefor, the Franchisee
shall indemnify and hold the City harmless of and from any such liability, including any
court costs, expenses, and reasonable attorney fees incurred by the City in defense thereof
and incurred at any stage. Upon commencement of any suit, proceeding at law or in
equity against the City relating to or covering any matter covered by this indemnity,
wherein the Franchisee has agreed by accepting this Agreement, to indemnify and hold
the City harmless, or to pay said settlement, final judgment and costs, as the case may be,
the City shall give the Franchisee immediate notice of such suit or proceeding;
Ordinance Number: S Page 10 of 14
Description: Granting f rancl isc Agreement to AMR
Date Approved: I C>lDq
whereupon the Franchisee shall provide a defense to any such suit or suits, including any
appellate proceedings brought in connection therewith, and pay as aforesaid, any
settlement, costs or judgments that may be rendered against the City by reason of such
damage suit.
(c) Upon failure of the Franchisee to comply with the "defense of suit" provisions of this
Agreement, after reasonable notice to it by the City, the City shall have the right to
defend the same and in addition to being reimbursed for any settlement or judgment that
may be rendered against the City, together with all costs incurred therein, the Franchisee
shall reimburse the City reasonable attorney fees, including those employed by the City
in such case or cases, as well as all expenses incurred by the City by reason of
undertaking the defense of such suit or suits, whether such suit or suits are successfully
defended, settled, comprised, or fully adjudicated against the City. In the event the City is
compelled to undertake the defense of any such suit by reason of the Franchisees failure
to perform as here and above provided, the City shall have the full right and authority to
make or enter into any settlement or compromise of such adjudication as the governing
body shall deem in the best interest of the City, this without the prior approval or consent
of the Franchisee with respect to the terms of such compromise or settlement.
(d) The amounts and type of required insurance coverage set forth in this Franchise
Agreement shall in no way be construed as limiting the scope of indemnity set forth
herein.
(e) Franchisee shall indemnify, defend and hold harmless the City from any and all suits,
claims, demands and actions by Franchisee's employees or its subcontractors employees
for work-related injuries resulting from or arising out of the performance of this
Agreement or the provisions of medical transfer service.
Section 17. Right of City to amend
The City may amend this agreement from time -to -time as may be deemed necessary or advisable
in the public interest. Such action shall only be taken after first giving the franchisee thirty -(30)
days' written notice. The franchisee shall not construe this provision to affect the right of the City
to revoke or terminate the franchise as herein elsewhere provided.
Section 18. Notices
Any notice required or permitted to be delivered hereunder shall be deemed received three (3)
days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt
requested, addressed to the party at the address set forth below (or such other address as such
party may subsequently designate in writing) or on the day actually received if sent by courier or
otherwise hand delivered sent via fax.
Ordinance Number: ayn tag Page 11 of 14
Description: Granting Franchise Agreement to AMR
Date Approved: C7_j;I-A
If intended for City, to:
City of Georgetown, Texas
Attn: Fire Chief
113 E. 8th St.
Georgetown, Texas 78626
If intended for the Franchisee:
American Medical Response
Attn: General Manager
3601 Bluestein
Austin, Texas 78721
Section 19. Termination
And copy to:
American Medical Response
Attn: South Texas General Manager
5405 Consulate Plaza Drive
Houston, Texas 77032
(a) In addition to the rights set forth in the City Code of Ordinances and to all other rights
and powers retained by the City under this franchise, the City reserves the right to
terminate this Franchise and all Franchise rights and privileges of the Franchisee if the
Franchisee violates any provision of the City Charter, the City Code of Ordinances, this
Franchise agreement or state or federal law.
Section 20. Transfer; Assignment; Change in Ownership.
(a) This Franchise is not transferable or assignable without the approval of the City Council.
(b) The control or ownership of this Franchise is not transferable unless it is approved by the
City Council in advance.
Section 21. Jurisdiction
The laws of the State of Texas shall govern the Agreement; and this Agreement is fully
performable in Georgetown, Williamson County, Texas with exclusive venue for any action
concerning this Agreement being in a court of competent jurisdiction in Williamson County,
Texas.
Section 22. Severability.
If any provision, section, subsection, sentence, clause or phrase of this Franchise is for any reason
held to be unconstitutional, void or invalid (or for any reason unenforceable), the validity of the
remaining portions of this Franchise shall not be affected thereby, it being the intent of the parties
in adopting this Franchise that no provision hereof shall be inoperative or fail by reason of any
Ordinance Number: ' Page 12 of 14
Description: Granting Franchise Agreement to AMR
Date Approved:
unconstitutionality or invalidity of any other portion, provision, or regulation and to that end, all
provisions of this Franchise are declared to be severable.
Section 23. The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest.
This Ordinance shall become effective and be in full force in accordance with the City Charter of
the City of Georgetown.
Ordinance Number: Page 13 of 14
Description: Granting F antiiis Agreement to AMR
Date Approved: I 0 017
PASSED AND APPROVED on First Reading on the 12th day of September 2017.
PASSED AND APPROVED on Second Reading on the 0 day of OA -Q1 Cr 2017.
Dale Ross, Mayor
ATTEST:
Shelley Nowling, Ci4Sretary
APPROVED AS TO FORM:
Charlie McNabb, City Attorney
Ordinance Number: _apl-7—ty% Page 14 of 14
Description: Granting 1• anchi a Agreement to AMR
Date Approved: 0 0177