R99-023 03-29-99RESOLUTION NO. R99-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH MANVEL EMS TO PROVIDE
EMERGENCY AMBULANCE SERVICE TO ANY INDIVIDUAL LOCATED
WITHIN PEARLAND'S BRAZORIA COUNTY EXTRATERRITORIAL
JURISDICTION LYING SOUTH OF BRAZORIA COUNTY ROAD 59.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and
Manvel EMS, a copy of which is attached hereto as Exhibit "A" and made a part hereof
for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to
execute and the City Secretary to attest the original of the attached contract with
Manvel EMS, for and on behalf of the City of Pearland, to provide emergency ambulance
service to any individual located within Pearland's Brazoria County extraterritorial
jurisdiction lying south of Brazoria County Road 59
PASSED, APPROVED and ADOPTED day of
rT~(~f'P~ , A.D., 1999.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTO RN EY
this the
TOM REID
MAYOR
Exhibit "A"
THE STA'rE OF TEXAS {}
COUNTIES OF BRAZORIA {J
AND HARRIS {.}
EMS CONTRACT
This Agreement,. made thisday of ...... ,1999, is made and entered
into by and bc~tween the City ofPearland, a municipal corporation located within Brazoria
and Harris Counties, Texas (the "City"), and Manyel EMS, located at 5911 F.M. 1128,
Manyel, Texas 77578, acting herein by and through Jimmie Del Bello, its director and duly
authorized officer (hereinafter "EMS" or Contractor')
WITNESSET/';{:
WREREAS, boffi parties hereto enter into an agreement under which EMS will
provide emergency ambulance service to any individual located within Pearland's Brazofia
County extraterritorial jurisdiction lying south of Brazoria County road 59.
1. :J['~m of Agretment.. The contract term shall be for a one ( I ) year period
commencing on March 1, ! 999. This agreement shall automatically be renewed for
successive terms of on~ year unless either party gives written notice, at least ninety (90)
days bffore the expiration ofthe th~n current term, of the intent not to renew this agreement.
However, either party may cancel this contract at any time, with or without cause, upon
mnety (90) days written notice by Certi~¢4;l Mail.
2. Fee, Subject to Section,~d) of this agreement, City will pay a fee of One
Thousand and No/100 Dollars (St,000.00) per month to the Manvel EMS, however, such
mount may b~ adjusted on an annual basis by written mutual consent of the City of
Pearland and the Manyel EMS. The City of Peatland will pay to the Manyel EMS Four
Hundred twenty-five and No/100 Dollars for each Mutual Aid ~!!, and the City of Manvel
will pay to the Pearland EMS Four Hundred twenty-five and No/100 Dollars ~}r each
Mutual Aid call
Subsequent years will be funded by the City as a flat t~e of $12.000.00, subject to
adjustment by either the City of Pearland or Manvel E.M5 and approved by Pearland City
3. ,q-ervi~ A~a. The Manvel EMS shall provide service to the area within
Pearland's Brazorja County extraterritoria/jurisdiction lying south of Brazoria
County Road 59.
4. ~aW/'~l Olnrati~n and P. ropem/. Contractor shall conduct all of its olnrations
and keep all of its equipment and property in strict c. omplian~ with all
applicable Texas Department of Health laws and regulations.
5. Vehicle and .F~,..ujr~menL The following shall be the sole responsibility of
Contractor:
(a) Ve, hicl~s shall be specifically designed for emergency ambulance servi~.
(b) The vehicles must be equipped with sp~:ial warning devices as outlined by
the U.S. D~2~'tment of Transportation and th~ Texas Department of
Tran.~ortation.
(c) The minimum medical equipmen| and supplies on board the ambulance and
available for use at all times will be as tecommend~ by Texas Depadment
Of Health for basic life suppor~ unit.
6. Communication. The following shall be the sole responsibility of Comractor:
(a) Contractor shall be equipped to reliably communicate w/th all hospitals.
Council.
(l)
(2)
(3)
EMS agrees to maintain ambulance mechanically.
EMS agrees to replac~ ambulance,~ a~ ne~ssary.
EMS agrees to replace ambulance equipment as ne, e, ded.
1>-8¢ 2 of 6
(4) EMS agrees to keep detailed records on ambulance maintenance
7. Dispatchjag.
All cmergenc~/calls will be dispatched through Brazoria
County. Contractor may dispatch a vehicle in response to a direct request in which
ease the Pearland EMS will be notified immediately.
8. rviee aml Ra.t;..s.
The following shall be the sole responsibility of
Contractor:
(a)
Services, including transportation, will be of tiered regardless of tho patients'
race, sex, color, ereeel, religion, nalional origin, age, or ability to pay.
(b) The City of Pearland will bill all patients and retain all fees collected.
(C)
Patients will be trausported to the closest appropriate hospiud unless
directed by the palleat, family, or authorized representative. The only
exception will be ifauendants consider it'neeessary to transport to the
nearest hospital becauso of patient's condition.
(d)
The run sheet with patient information will be on a form approved by the
City, Manvcl EMS shall submit such information on a weekly basis.
(e) All calls where patienB "could not be tbund" will be documentexi
(0
Keep in full forc~ and effect a policy of public liability and propony
damage insurance in the amount of $300,000.00 and name the City of
Pearland as additional insured.
(s)
Maintain 24-hour personnel logs showing which of the attendants are
working.
(h)
Response time will be kept to 15 minutes or less on 70% of calls and '15 to
20 minutes on 30% of calls.
(i)
Manyel EMS does hereby recognize and agree that the City of Pearland,
through its council, cannot bind successor council to this agreement.
Manvei EMS shall maintain its corporat~ Charter and status in good
standing.
10. F.,quipr~nt Oper.attiqns. See Appendix A attached hereto and incorporated tbr
all Ixu~ses.
Page 3 of 6
11. Indemsaifi_cation. MANVEL EMS HEREBY RELEASES, ACQUITS,
AND FOREVER DISCHARGES Tile CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, SUCCESSOK.S, AND ASSIGNS FROM ANY AND ALL
CLAIMS, DEMANDS, RIGHTS OR CAUSES OF ACTION OF
WHATSOEVER CHARACTER OR NATURE, INCLUDING ATTORNEYS'
FEE~ ARISING FROM OR BY REASON OF ANY AND ALL BODILY OR
PERSONAL IN.H.TRIE. S* INCLUDING DEATH AND MENTAL ANGUISH,
DAMAGE TO PROPERTY AND THE CONSEQUENCES THEREOF
WHICH MAY BE SUSTAINED BY MANVEL EMS, ITS OFFICERS,
AGENTS* EMPLOYEES, SUCCESSOP..~ OR ASSIGNS AS A RESULT OF
PERFORMANCE OF THIS AGREEMENT, AND WHICH ARE CAUSED
IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE MANVEL
EMS, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR
ASSSIGNS. MANVEL EMS SHALL KEEP AND HOLD HARMI.ESS THE
CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND
ASSIGNS FROM ANY AND ALL COST, LIA BI!.ITV, DAMAGE OR
EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED BY MANVEL
ELMS, INCLUDLNG ATTORNEYS' FEES* CLAIMED OR RECOVERED BY
ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PER.SON OR
PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY
CAUSED BY OR RESULTING FROM THE NEGLIGENCY OF MANN/EL
EMS, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR
A~.~IGNS ARISING IN CONNECTION WITH SAID PERFORMANCE OF
THIS AGREEMENT. IT IS THE EXPRESSED INTENTION OF BOTH
MANVEL EMS AND THE CITY THAT THE IDEMNITY PROVIDED FOR
IN THIS SECTION IS IDEM'NITY BY MANYEL EMS TO IDEMNIFY AND
PROTECT TH'E CITY FROM TIEIF, CONSEQUENCES OF THE
NEG. LIGENCE OF THE MANVEL EMS, ITS OFFICERS, AGENTS,
EMPLOYEES, SUCCESSORS, OR ASSIGNS WHRTHER SUCH
NEGLIGENCE BY SOLE, JOINT, OR CONCURRENT, ACTIVE OR
PASSIVE. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE
TERMINATION, EXPIRATION, OR CANCELLATION OF THIS
AGREEMENT.
EXECUTED this ...... day of
............ 1999.
999, effective as of
CITY OF PEAR'LAND
By:
Printed Name ....
Title: ..................
MANrVEL EIMS
By: ........
Jimrole Del Bello
Director
~ 5
STATE OF TEXAS
{}
COUNTY OF BRAZORIA
{}
BEFORE ME, the undersigned Notary Public, on th{s day personally
appeared
City ofPearland, TeX~s, known to rne't~ In the person '~10~ rmmc is subscribed to
the foregoing instrument and agknowledged to mc that he executed th~ same rot the
liLtpose and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFF|CE THIS
.... A.D., 19 ...... .
DAY
Nd:I~kR Y PUBLIC, '~]~XTE OF TEXAS ......
Printed Name:
My Commission Expires: ..~
STATE OF TEXAS
{}
COUNTY OF __ {}
BEFORE ME, the undersigned Notary Public, on this day personally
apl~ared Jimrole D¢I Bello, director of Manvel EMS, known to m~ to be the pen;on
whose name is subscribed to the foregoing instrument and aoknowle, dg:d to mc that
he/she cx~uted the nine/br the purtx~ses and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ...... DAY
OF ........... A.D., 19
NOTARY P/jBLIC, STATE OF TEXA'~"
Printcx~am¢
My CommissiOn Expires:
VEHICLE AND IgO!EJ'IPME~T OPERATION_
AND MAI~.TENANCE GUIDELINES
Contractor shall meet the following requirements:
C,
The vehit;les and all on-board equipment must be in reliable mechanical condition
and must be on a documented sehe, dule of regular maintenance consistent with all
the rnanufaeturer's recommended maintenance specifications.
The interior of the ambuline~ and the equipment within the ambulance shall be
sanitary and maintained in good working order at all times.
The equipment shall be of smooth and easily cleaned construction.
Freshly laundered linen or disposable sheets and pillowcases shall be used in
transporting of patients. Linen wi II b~ ohetnged after one (1) use.
Adequate and clean enolosed storage tbr linen. disposable sheels, pillowcases, etc.
shall be provided on e,a~h vehicle.
Adequate supplies will be stored in a clean container, free from dust, insects, and
rodents. A separate portable first-aid kit with adequate supplies for outside use is
required.
Pillows and mattresses shall be kept clean and in good repair. Protective covers
shall be provided.
Covered containers and/or comparlmcnts shall be provided for soiled supplies.
Ambulance interior shall be cleaned after each use as noc, essary and as approved by
the Director of I-kalffi, Brazoria Counly Health District, or his designate.
Exterior surfaces of the ambulance shall be cleaned routinely and as needed.
Blankets used in any ambulance shall be washed at reasonable intcB'als, and as
needed.
Implements inserted into a paticnl's nose or mouth shall be single-service,
wrapped, and properly stored and hand:led.
When an ambulance has been utilized to transport a patient known by the Manve, I
EM.:S or its agent to have Communicable Disease other than a common cold, the
vehicle shall be cleansed thoroughly and disinfected as approved by the Director of
Health, Brazoria County Health District, or his designate. The EM'S must provide
Pas~ I of 3
Qo
W,
each ambulance crew with writlen instructions for d~sinfecting the ambulan,~ and
disHsing of contaminated linen.
AJl storage ~paccs us~'d for storage of linen, disposable sheets, pdlow cases or their
equivalent, also equipment, first-aid supplies, and other supplies, ~t ba~ stations ot
in aznbulances shall be kept clean. These storal~,e sl>,~s shall be so constructed to
permit thorough c!~3~ing and shall b~ kept separate Yrom other storage spaces.
All lights must function properly.
Em~gency audible warning devis~ must function in a way in which they were
designed to function.
Body must be fr~ from dents and rust, to the extent that there is no interferenc~
with or question of ':utfety in operation.
All equipment in the patient's compartment must be adequately insured,
replacement value,
Oxygen tanks must bear a curn:nl static pressure date and must be refilled after use
as soon as possible.
ArabuJanccs must, at all times, me~'t state motor vehicle standards including
sufficient tire tread, braking adequacy, and other safety requirements.
Patient's compaxtment must b¢ free of safety hazards.
All doors leading imo passen~,rer's compartm~t must open prol~rly and close
securely with all handles working
Windows and windshield must be clean and free of cracks.
Seat belts must b~ in ptac~ and in useable condition.
No firearras axe I~rmitted aboard vehicles unless earned by authorized taw
enforcement personnel.
Back up unit to r=spond will supersede newel ti>r extra equipment on unit.
No alcoholic beverages are permitreel in vehi~;le~.
All equipment shall comply with all applicable laws and regulations.
hae 2
ATTEST: CffY OF PEARLAND
Young Lofting
City Secretary
By: .........
Printed Name"
Title:
MANVEL EM$
By:
Jimmie EI~! Beli'o
.Director