HomeMy WebLinkAboutORD 2019-67 - Allegiance Mobile Health Franchise ExtensionOrdinance No. 201R " 6 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ("CITY") AMENDING CHAPTER 14.28
OF THE GEORGETOWN CODE OF ORDINANCES;
REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; WAIVING A CERTAIN NOTICE
REQUIREMENT; MAKING SUCH OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, since October 1, 2017 Bluebird Medical Enterprise, LLC, dba
Allegiance Mobile Health ("Franchisee") has held a non-exclusive right, privilege, and
franchise to operate a medical transfer service on the public rights -of -way of the City; and
WHEREAS, Franchisee's franchise shall expire on September 30, 2019, but
Franchisee may request a three-year extension of the franchise by submitting an application
to the City's Fire Chief no later than six months prior to the expiration of the franchise; and
WHEREAS, Franchisee has applied to extend the franchise through September 30,
2022; and
WHEREAS, in order to protect and promote the public health, safety, and welfare
of its residents by ensuring continued medical transfer services, the City desires to waive
the six-month notice requirement and extend Franchisee's franchise through September 30,
2022; and
WHEREAS, the City Council finds it necessary to amend Article I1 of Chapter
14.28 of the Code of Ordinances as set out herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GEORGETOWN, TEXAS THAT:
Section 1. The facts and recitations contained in the preamble of this ordinance are
hereby found and declared to be true and correct and are incorporated by reference herein
and expressly made a part hereof, as if copied verbatim.
Section 2. The six-month notice requirement set forth in Section 14.28.240 of the
City's Code of Ordinances is hereby waived for this extension.
Section 3. Chapter 14.28 of the City's Code of Ordinances is hereby amended as
shown in Exhibit A attached hereto.
Ordinance Number: ( - Page 1 of 2
Description: Alle lance Ambulanck Franchise Extension Ordinance
Date Approved: 2019
Section 4. All ordinances or resolutions that are in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other ordinances or resolutions
of the City not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 5. If any provision of this ordinance, or application thereof, to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or application thereof, of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are hereby declared
to be severable.
Section 6. 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 and effect
on October 1, 2019. 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
passage and approval by the City.
PASSED AND APPROVED on First Reading on the —0ior— I - -, 2019.
PASSED AND APPROVED on Second Reading on the Atof2019.
Robyn Densmore, City Secretary
APPROVED AS TO FORM:
C c y
�KyG ✓ha4s�r� ��r. �L
THE CITY F GEORGETOWN
Dale Ross, Mayor
Ordinance Nuinber: Page 2 of 2
Description: Alle fiance Arnbula� ce Franchise Extension Ordinance
Date Approved:�g .2019
Exhibit A
CHAPTER 14.28. — MEDICAL TRANSFER SERVICES
ARTICLE II. - BLUEBIRD MEDICAL ENTERPRISE, LLC, DBA ALLEGIANCE MOBILE HEALTH
Sec. 14.28.230. - Grant of Franchise; Acceptance; Term.
(a) There is hereby granted to Bluebird Medical Enterprise, LLC, dba Allegiance Mobile Health
("Franchisee") the nonexclusive right, privilege and franchise to operate a medical transfer service
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, 2019 and expires on September 30, 2022 unless
sooner terminated in accordance with this franchise agreement.
Sec. 14.28.240. - 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.
Sec. 14.28.250. - 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.
Sec. 14.28.260. - 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 convalescent or non -emergency medical
transportation in the City of Georgetown.
Sec. 14.28.270. - 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.
(b) At the request of the City, the franchisee shall provide medical standby services at the location
specified by the City for fire and/or other related emergency incidents.
(c) At the request of the City, the franchisee shall provide 911-back up services on a monthly basis or
at another pre -determined interval that has been approved by the Fire Chief.
(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.
Sec. 14.28.280. - 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.
1. 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.
(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.
Sec. 14.28.290. - 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.
Sec. 14.28.300. - 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 unscheduled request for transfer service within 59 minutes and 59
seconds at any time of day, any day of the week from the time of the request. For the purposes of
this agreement, an unscheduled request shall be defined as any transfer service request that
requires a response of less than 59 minutes and 59 seconds from the time of the original request.
Franchisee shall respond to any scheduled request within 14 minutes and 59 seconds of the
scheduled pickup time. For purposes of this agreement, scheduled request shall be defined as a
request for medical transfer service for which the franchisee establishes with the requestor a set
arrival time of greater than 59 minutes 59 seconds from the time of the original request.
(e) Franchisee, at their discretion, may request that another entity assist with a non -emergent medical
transfer request. This request must be made to the City Communication Center within 9 minutes and
59 seconds of the initial transfer 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.
(f) Franchisee shall initiate a "posting ticket" for all posting requests. The posting ticket shall be time
stamped from the time that the franchisee's communication center receives the request to the time
that the franchisee's permitted ambulance arrives within the City Limits. The total response time for
posting requests shall not exceed 11 minutes and 59 seconds, 90% of the time. Performance shall
be measured during each calendar month and franchisee must maintain greater than a 90%
compliance.
(g) Franchisee shall respond to emergency medical (911) incidents request pursuant to Section 5 of
this Franchise or any automatic aid agreement between the City and Franchisee within 8 minutes
and 59 seconds from the time of request. Performance shall be measured during each calendar
month and franchisee must maintain greater than a 90% compliance.
(h) Franchisee is required to maintain a unit hour utilization (UHU) rate below .32 for the units operated
under their franchise license and each franchised unit shall operate at a rate below .42 for the
duration of the franchise. The UHU will be measured on a daily basis and include a monthly report
that is submitted to the Fire Chief. The UHU shall include all transport activities (City and non -City) of
the unit that is permitted by the City.
(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.
(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:
1. $200 per response time offense below a 90% monthly compliance rate — to be reported and
paid monthly
2. $200 per daily UHU offense — 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
Sec. 14.28.310. - 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.
(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.
Sec. 14.28.320. - 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.
Sec. 14.28.330. - 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 th day of each month.
(b) The franchisee must maintain an accurate record of calls answered 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.
Sec. 14.28.340. - Preferential or discriminatory practices prohibited.
The franchisee shall sign and maintain an equal employment opportunity statement and shall so
advertise as an equal employment employer.
Sec. 14.28.350. - 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.
Sec. 14.28.360. - Insurance.
(a) The franchisee shall provide and maintain the following insurance in the following minimum
amounts:
1. One million dollars ($1,000,000) for bodily injury or death to any one person; and
2. Five Hundred Thousand dollars ($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.
(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.
Sec. 14.28.370. - 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.
Sec. 14.28.380. - 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; 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.
Sec. 14.28.390. - 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.
Sec. 14.28.400. - 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.
If intended for City, to:
City of Georgetown, Texas
Attn: Fire Chief
P.O. Box 409
Georgetown, Texas 78627
If intended for the Franchisee:
Bluebird Medical Enterprise, LLC
dba Allegiance Mobile Health
Attn: Daniel Gillespie
3201 S Austin Avenue, Suite 335
Georgetown, Texas 78626
Sec. 14.28.410. -Termination.
(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.
Sec. 14.28.420. - 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.
Sec. 14.28.430. - 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.
Sec. 14.28.440. - 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 unconstitutionality or
invalidity of any other portion, provision, or regulation and to that end, all provisions of this Franchise are
declared to be severable.