HomeMy WebLinkAboutORD 2023-07 - American Medical Response FranchiseOrdinance No. 207-3- 03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS ("CITY") AMENDING ARTICLE III,
CHAPTER 14.28 OF THE GEORGETOWN CODE OF
ORDINANCES TO GRANT AMERICAN MEDICAL RESPONSE
OF TEXAS, INC., DBA AMERICAN MEDICAL RESPONSE, A
FRANCHISE TO OPERATE A MEDICAL TRANSFER SERVICE;
REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, since October 1, 2017 American Medical Response of Texas, Inc.,
dba American Medical Response, ("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 expired on September 30, 2022 and Franchisee
did not 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, 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 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, 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. Article III of Chapter 14.28 of the City's Code of Ordinances is hereby
amended as shown in Exhibit A, attached hereto.
Section 3. 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this ordinance are, and the same are hereby, repealed and all other ordinances or resolutions
Ordinance Number: ,0-7 Page 1 of 2
Description: American Medical Response Franchise
Date Approved: 2023
of the City not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4. 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 5. 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 February 14, 2023. 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 k-I of, 2023.
PASSED AND APPROVED on Second Reading on the /14fkof F�X�f 2023.
ATTEST:
Robyn D nsmore, City Secretary
APPROVED AS TO FORM:
r
Skye Klasson, City Attorney
THE CI W OF GEORGETOWN
, Mayor
Ordinance Number: 0 Page 2 of 2
Description: American Medical Response Franchise
Date Approved: �dLn-WU 2023
ARTICLE III.
AMERICAN MEDICAL RESPONSE OF TEXAS, INC.
Sec. 14.28.450. 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), and/or any other specialty services as determined by the Fire Chief or designee, 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 February 14, 2023 and expires on September 30, 2025 unless sooner
terminated in accordance with this franchise agreement.
Sec. 14.28.460. 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. 14.28.470. 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. 14.28.480. 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.
Sec. 14.28.490. 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) Reserved.]
[(c) Reserved.]
(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. 14.28.500. 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. 14.28.510. 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. 14.28.520. 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.
(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.
[(f) Reserved.]
[(g) Reserved.]
[(h) Reserved.]
(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
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. 14.28.530. 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. 14.28.540. 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. 14.28.550. 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 10th
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.
Sec. 14.28.560. 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. 14.28.570. 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. 14.28.580. 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. 14.28.590. 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. 14.28.600. 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 PASTAND 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 AGAINSTTHE 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. 14.28.610. 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. 14.28.620. 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
And copy to:
City of Georgetown, Texas
Attn: City Attorney
P.O. Box 409
Georgetown, Texas 78627
If intended for the Franchisee:
And copy to:
American Medical Response - Austin
American Medical Response - Houston
Attn: Kevin Tipton, Regional Director
Attn: Kevin Tipton, Regional Director
3601 Bluestein Drive
5405 Consulate Plaza Drive
Austin, Texas 78721
Houston, Texas 77032
Sec. 14.28.630. 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. 14.28.640. 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. 14.28.650. 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. 14.28.660. 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.
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