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Public Notices: Thursday, January 11th, 2007
Public Notices Published Thursday, January 11th, 2007ADVERTISEMENT FOR BIDS
SEALED BIDS for the construction of the following project will be received by West Ouachita Sewerage District No. 5, 327 Wallace Road, West Monroe, Louisiana, 71291 until ten (10:00) o’clock A.M. CST on Tuesday, January 30, 2007. All sealed bids received will be publicly opened and read aloud at that time. Any bids received after closing time of 10:00 A.M. will be returned to the bidder unopened.
Lift Station ‘C’ Surge Control Improvements
West Ouachita Sewerage District No. 5
L&A, Inc. Project No. 04E068.02
The Contract Documents including complete plans and specifications may be examined and procured at the office of Lazenby & Associates, Inc., P.O. Box 728, 2000 North 7th Street, West Monroe, Louisiana 71291 (Phone No. (318) 387-2710). A non-refundable deposit of $50.00 will be required for each set of Contract Documents.
Each bid shall be accompanied by a cashier’s check, or acceptable Bid Bond payable to West Ouachita Sewerage District No. 5 in the amount of not less than five percent (5%) of the total bid amount for the project as a guarantee that, if awarded the Contract, the Bidder will promptly enter into a contract and execute such bonds as may be required.
The successful bidder shall be required to furnish a Performance Bond and Payment Bond for the full amount of the respective Contract in accordance with General Conditions.
The Owner reserves the right to reject any and all bids and waive any and all formalities.
Date: December 21, 2006
Owner: West Ouachita Sewerage District No. 5
By: Fred Hall, President, Board of Commissioners
____________________________________________________________
PUBLIC NOTICE
A course of instruction for Election Commissioners for Ouachita Parish will be held and all interested persons are invited to attend. Persons attending this class shall have the qualifications as set out in R.S. 18:425 as follows.
1. A qualified voter who is not entitled to assistance in voting.
2. Shall not be a candidate for public office in the election, nor be a immediate family member of a candidate to public office in the precinct in which he serves.
3. Can't have been convicted of an election offense.
4. Can't be a law enforcement officer.
5. Must attend course of instruction and receive certificate of instruction.
A class is scheduled for MONDAY, JANUARY 22, 2007, at the West Monroe Convention Center or FRIDAY, JANUARY 26, 2007, at the Monroe Civic Center.
Qualified persons must appear at 12:00 noon at one of the above locations. A certificate of instruction will be given to those completing this course and persons receiving this certificate will be eligible to serve as an Election Commissioner in Ouachita Parish until July 2008. Please bring your voter registration card to the school. All persons having been previously certified need not to attend this school.
W.J. Bill Hodge
Clerk of Court and parish custodian of voting machines for Ouachita Parish, Louisiana.
___________________________________________________________
ADVERTISEMENT FOR BIDS
Separate sealed bids for the furnishing and installation of an Overhead Traveling Crane for the WPS Building will be received by the City of West Monroe at the office of the city clerk —?Mr. Benny Chelette until 7:00 p.m. February 13, 2007, and read aloud. This is a request for a bid to furnish equipment, delivered, unloaded and installed at the WPS Building located at 228 Industrial Street as owned by the City of West Monroe.
The contract documents may be examined at the following locations:
West Monroe City Hall, West Monroe, Louisiana
S.E. Huey Co., 1111 North 19th Street, Monroe, Louisiana
Copies of the contract documents may be obtained at the office of S.E. Huey Co., located at 1111 North 19th Street, Monroe, Louisiana. There is no fee for the documents.
All bids must conform to the specifications and be submitted on the bid form contained in the Contract Documents. No Bidder may withdraw his bid within thirty(30) days after the actual date of opening thereof.
The owner reserves the right to waive any informalities or to reject any or all bids, as provided for in LA R.S.38.2214(B).
Signed, Dave Norris, Mayor
1/11,1/18,1/25
____________________________________________________________ ADVERTISEMENT FOR BIDS
Separate sealed bids for Building Improvements to the WPS Building will be received by the City of West Monroe at the office of the city clerk —?Mr. Benny Chelette until 7:00 p.m. February 13, 2007, and read aloud. This is a request for bids to provide building alterations to the WPS Building located at 228 Industrial Street as owned by the City of West Monroe.
The contract documents may be examined at the following locations:
West Monroe City Hall, West Monroe, Louisiana
S.E. Huey Co., 1111 North 19th Street, Monroe, Louisiana
Copies of the contract documents may be obtained at the office of S.E. Huey Co., located at 1111 North 19th Street, Monroe, Louisiana. There is no fee for the documents.
All bids must conform to the specifications and be submitted on the bid form contained in the Contract Documents. No Bidder may withdraw his bid within thirty(30) days after the actual date of opening thereof.
The owner reserves the right to waive any informalities or to reject any or all bids, as provided for in LA R.S.38.2214(B).
Signed, Dave Norris, Mayor
1/11,1/18,1/25
____________________________________________________________
NOTICE
COMPETITIVE CIVIL SERVICE EXAMINATION
OUACHITA PARISH FIRE PROTECTION DISTRICT NO. 1
FIRE PREVENTION OFFICER
A written examination will be given in approximately ninety (90) days on a competitive basis to approved applicants for the purpose of placing names on the competitive employment list for the class of Fire Prevention Officer in accordance with provisions of the Municipal Fire and Police Civil Service Law and the rules of the Ouachita Parish Fire Protection District No. 1 Civil Service Board. Application forms and a list of the qualification requirements that must be met for admission to this examination may be obtained from The Ouachita Parish Fire Chief’s Office, 1000 New Natchitoches Rd, West Monroe, La. 71292. Completed applications must be received at the address listed above no later than February 6, 2007, 4:00 P.M. Approved applicants will be notified of the exact date, time and place of the examination at least five days prior to the examination date.
1/11,1/18,1/25,2/1
____________________________________________________________
NOTICE
We are applying to the commissioner of the Office of Alcohol and Tobacco Control of the state of Louisiana, for a permit to sell beverages of high and low alcoholic content at retail in the parish of Ouachita, city of West Monroe, at the following address:
Circle K Stores, d/b/a Circle K #7765
2809 Cypress St.
West Monroe, LA 71291
Charles M. Parker, vice president
1/11
____________________________________________________________
PROCEEDINGS OF THE POLICE JURY, PARISH OF OUACHITA, STATE OF LOUISIANA, TAKEN AT A REGULAR MEETING HELD ON MONDAY, NOVEMBER 20, 2006 AT SIX FORTY (6:40) P. M.
The Police Jury of the Parish of Ouachita, State of Louisiana met in regular and legal session in the Police Jury Meeting Room, on Monday, November 20, 2006 at 6:40 p.m. and was duly convened by Mr. Walt M. Caldwell, IV, President, who stated that the Police Jury was ready for the transaction of business.
Invocation was given by Mr. Leonard Tims. Pledge of Allegiance to the Flag was led by Mr. Leonard Tims.
Members present: (6)
Mr. Paul Hargrove, District A
Mr. Mack Calhoun, District B
Mr. Walt Caldwell, District C
Mr. Dorth Blade, District D
Ms. Kim Golden, District E
Mr. King Dawson, District F
Members absent: (0)
Motion was offered by Mr. Hargrove, seconded by Mr. Blade to adopt the Minutes of the Regular Police Jury meting held on October 16, 2006.
Motion adopted. No opposition.
Motion was offered by Mr. Hargrove, seconded by Mr. Caldwell to adopt the Minutes of the Regular Police Jury Meeting held on November 6, 2006.
Motion adopted. No opposition.
The President announced the Service Award for the month of November, 2006:
Public Works Department Thomas D. Murray, 15 years
The President recognized Ms. Judy Bell, President, The Wellspring, who spoke to the Jury at the request of Green Oaks Juvenile Detention Center, regarding a cooperative endeavor agreement between The Wellspring and the Ouachita Parish Police Jury that would provide services at Green Oaks Detention Center through the Juvenile Diversion Program funded by a 100% grant from the State.
After discussion, motion was offered by Mr. Blade, seconded by Mr. Dawson to approve the cooperative endeavor agreement between The Wellspring and the Ouachita Parish Police Jury, and to authorize the President to execute same, subject to the review by Mr. Jay B. Mitchell, Assistant District Attorney.
Motion adopted. No opposition.
The President recognized Mr. Billy Dupree, who spoke regarding the parish midnight closing ordinance that was hurting businesses. Mr. Dupree requested that the Police Jury consider changing said ordinance.
No action was taken by the Police Jury.
The President CONVENED a Public Hearing regarding the proposed amendment of Chapter 2 of the Compiled Ordinances of Ouachita Parish, Louisiana to provide for the permitting of wineries.
Mr. Jay B. Mitchell, Assistant District Attorney, pointed out that the second page of Ordinance No. 8856 had been cut off while copying and that the second page established the $50.00 permit fee.
No one else appeared to speak on behalf of or against the proposed amendment.
Motion was offered by Mr. Hargrove, seconded by Mr. Calhoun to close the Public Hearing.
Motion adopted. No opposition.
The President declared the Public Hearing CLOSED.
The President CONVENED a Public Hearing regarding the proposed revision and re-enacting of Chapter 2 ? of the Compiled Ordinances of Ouachita Parish, Louisiana relative to Ambulances in its entirety.
Mr. Mitchell stated that when Ordinance No. 8858 was introduced, Section 2 contained a provision of an effective date which date was left blank. Mr. Mitchell stated that he had coordinated with the City Attorney of West Monroe and would be working with the City Attorney of Monroe to provide that Section 2 contained the following language: . . . The provisions of this Ordinance shall become effective upon the adoption of like provisions by the City of West Monroe and the City of Monroe, and the execution of a local services agreement and/or cooperative endeavor agreement as referred to in Article I, Section 5 of Section One of this Ordinance.
No one else appeared to speak on behalf of or against the proposed amendment.
Motion was offered by Mr. Dawson, seconded by Mr. Hargrove to close the Public Hearing.
Motion adopted. No opposition.
The President declared the Public Hearing CLOSED.
Motion was offered by Mr. Hargrove, seconded by Mr. Blade to adopt the Minutes of the Finance Committee meeting held on October 16, 2006, subject to the correction as noted by Mr. Hargrove.
Motion adopted. Ms. Golden abstained.
Motion was offered by Mr. Hargrove, seconded by Mr. Calhoun to adopt the Minutes of the Public Works Committee meeting held on November 6, 2006
Motion adopted. Ms. Golden abstained.
The following Resolution was offered by Mr. Calhoun, seconded by Mr. Dawson:
RESOLUTION NO. 06-68
A RESOLUTION AUTHORIZING AND SUPPORTING APPLICATIONS FOR ASSISTANCE UNDER THE LOCAL GOVERNMENT ASSISTANCE PROGRAM (LGAP) ADMINISTERED BY THE LOUISIANA DIVISION OF ADMINISTRATION, OFFICE OF COMMUNITY DEVELOPMENT; AND FURTHER PROVIDING WITH RESPECT THERETO.
WHEREAS, the Ouachita Parish Police Jury is desirous of submitting applications to the Louisiana Division of Administration, Office of Community Development, for funding assistance under the FY 2006-2007 Local Government Assistance Program;
NOW, THEREFORE:
BE IT RESOLVED by the Ouachita Parish Police Jury in legal and regular session convened on the 20th day of November, 2006, that the Ouachita Parish Police Jury hereby authorizes and supports applications for assistance under the FY 2006-2007 Local Government Assistance Program (LGAP) administered by the Louisiana Division of Administration, Office of Community Development, for the following projects located in Ouachita Parish, Louisiana, to-wit:
Rifle Range Road
Public Works Vehicle Wash Facility
Emergency Back-up Generator
Southwest Ouachita Waterworks, Inc.
The above Resolution was adopted on the 20th day of November, 2006. No opposition.
* * *
The following Ordinance was offered for Final Adoption by Mr. Calhoun, seconded by Mr. Hargrove:
ORDINANCE NO. 8856
AN ORDINANCE AMENDING CHAPTER 2 OF THE COMPILED ORDINANCES OF OUACHITA PARISH, LOUISIANA TO PROVIDE FOR THE PERMITTING OF WINERIES; AND FURTHER PROVIDING WITH RESPECT THERETO.
WHEREAS, the State of Louisiana has adopted statutes to regulate and encourage the development of wineries and wine producers in Louisiana, including Act 808 of 2006;
WHEREAS, the State of Louisiana treats such wineries and wine producers as a separate class of alcoholic beverage dealer distinct from dealers in beverages of low alcoholic content or dealers in beverages of high alcoholic content;
WHEREAS, the Ouachita Parish Police Jury finds it to be in the public interest to locally permit and regulate wineries and wine producers in a manner consistent with state law;
NOW, THEREFORE:
BE IT ORDAINED by the Ouachita Parish Police Jury in legal and regular session that:
SECTION ONE
Chapter 2, Article I, Section 2 of The Compiled Ordinances of Ouachita Parish, Louisiana, is hereby amended to regulate and permit Wine Producers and Wineries as follows:
[New provisions are underlined]
Chapter 2
Article I In General
Sec. 2-1. Definitions.
For the purposes of this chapter the following terms have the respective meanings ascribed to them in this section, except in those instances where the context indicates a different meaning:
Wine Producer means any person who, directly or indirectly, personally or through any agency, cultivates and grows grapes, fruits, berries, honey, or vegetables from which wine of an alcoholic content in excess of six percent by volume is produced and bottled from a fermentation of such grapes, fruits, berries, honey, or vegetables in Louisiana or outside the state for shipments to licensed wholesale dealers within the state subject to the provisions of R.S. 26:364.
Winery means a plot of land located in Louisiana used to cultivate and grow grapes, fruits, berries, honey, or vegetables to produce and bottle wine of an alcoholic content in excess of six percent by volume.
Class W Winery shall mean a Wine Producer or Winery that sells wine of an alcoholic content in excess of six percent by volume.
* * *
Sec. 2-13. Alcoholic Beverage Business-License Fees
There is hereby levied an annual license fee against all persons, corporations or partnerships who may engage in the business of selling, either retail or wholesale, offering for sale, serving, or consuming alcoholic beverages in the parish. The fees are as follows:
(6) Winery (Class W) $50.00
SECTION TWO
The effective date of this Ordinance shall be November 21, 2006.
SECTION THREE
If any section, paragraph, sentence clause and/or phrase of this Ordinance or the application thereof is declared unconstitutional, unenforceable or invalid by the final Judgment of any Court of competent jurisdiction such unconstitutionality, unenforceability, or invalidity shall not affect the remaining sections, paragraphs, sentences, clauses and/or phrases of this Ordinance, since the same would have been enacted by the Ouachita Parish Police Jury without the incorporation into this Ordinance of any such unconstitutional, unenforceable or invalid section, paragraph, sentence, clause or phrase. To that end, the provisions of this Ordinance are hereby declared severable.
The above Ordinance was introduced on the 16th day of October, 2006.
The Ordinance was submitted to a rollcall vote, and the vote thereon was as follows:
YEAS:(5) Mr. Paul Hargrove, District A; Mr. Mack Calhoun, District B; Mr. Walt Caldwell, District C; Mr. Dorth Blade, District D; and Ms. Kim Golden, District E
NAYS: (0)
ABSTAIN: (1) Mr. King Dawson, District F
ABSENT: (0)
The above Ordinance was adopted on the 20th day of November, 2006.
* * *
The following Resolution was offered by Mr. Calhoun, seconded by Mr. Blade:
RESOLUTION NO. 06-69
RESOLUTION REQUESTING THAT THE UNITED STATES DEPARTMENT OF AGRICULTURE CONTINUE FUNDING OF BEAVER CONTROL EFFORTS; AND FURTHER PROVIDING WITH RESPECT THERETO.
WHEREAS, Ouachita Parish has a thriving population of beaver;
WHEREAS, the dams constructed by beaver in natural and other public drains directly cause significant drainage problems;
WHEREAS, the drainage problems caused by beaver subject homes, businesses, timberland, agricultural land, and public roads to flooding and significant, costly damage;
WHEREAS, in recognition of the problems created by beaver, the U.S. Department of Agriculture has traditionally participated with local governments in sharing the costs of beaver control efforts; and,
WHEREAS, the U. S. Department of Agriculture has indicated that it will discontinue cost-sharing for local beaver control efforts;
WHEREAS, the loss of federal cost-sharing will significantly hamper beaver control efforts in Ouachita Parish and greatly increase the risk of flooding and resulting property damage; and,
WHEREAS, it is the understanding of the Ouachita Parish Police Jury that the loss of federal-revenue sharing for beaver control will have a similar negative effect in the other parishes of Louisiana and, indeed, in many locations across the country;
NOW THEREFORE, be it resolved that the Ouachita Parish Police Jury hereby requests that the United States Department of Agriculture restore funding for sharing the cost of local beaver control activities;
BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to Louisiana s congressional delegation along with a formal request for their assistance in connection herewith;
BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to Ouachita Parish s state legislative delegation along with a formal request for their assistance in connection herewith; and,
BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Louisiana Police Jury Association along with a formal request for their assistance in connection herewith.
The above Resolution was adopted on the 20th day of November, 2006. No opposition.
* * *
Motion was offered by Mr. Calhoun, seconded by Mr. Dawson to ratify and affirm the action taken by the Ouachita Parish Police Jury at a Special Meeting held on November 17, 2006 which included both the motion to approve the Coordination Agreement between the Ouachita Parish Police Jury, the Hospital Service District No. 1, the Glenwood Regional Medical Center, Inc., and the Ward Five Healthcare Foundation, and the adoption of Resolution No. 06-70.
Motion adopted. No opposition.
Motion was offered by Mr. Caldwell, seconded by Mr. Hargrove to approve the 2006 Amended and the 2007 Proposed Annual Budget for North Louisiana Criminalistics Laboratory.
Motion adopted. No opposition.
Motion was offered by Mr. Caldwell, seconded by Mr. Calhoun to approve the Cooperative Endeavor Agreement between the Ouachita Parish Police Jury, the Cities of Monroe and West Monroe, the Ouachita Economic Development Corporation, the Northeast Louisiana Economic Alliance, and Competitive Strategies Groups, LLC to develop an effective economic development plan for this area.
Motion adopted. Ms. Golden abstained.
Motion was offered by Mr. Caldwell, seconded by Mr. Hargrove to reappoint Mr. Robert Canterbury, 3009 River Oaks Drive, Monroe, Louisiana 71201, to the Ouachita Parish Fire Protection District Civil Service Board for a three year term beginning on January 13, 2005 and ending on January 13, 2008, as recommended by Chief Hemphill.
Motion adopted. No opposition.
Motion was offered by Mr. Caldwell, seconded by Mr. Dawson to reappoint Mr. Ryan Chappell, 2729 Bayou Lane, Monroe, Louisiana 71201, to the Ouachita Parish Fire Protection District Civil Service Board for a three year term beginning January 13, 2007 and ending on January 13, 2010, as recommended by Chief Hemphill.
Motion adopted. No opposition.
The following Resolution was offered by Mr. Caldwell, seconded by Mr. Calhoun:
RESOLUTION NO. 06-71
A RESOLUTION AUTHORIZING THE ASSESSOR OF OUACHITA PARISH TO COORDINATE WITH THE ASSESSORS OF OTHER PARISHES IN RETAINING COUNSEL TO REPRESENT THE ASSESSORS IN LITIGATION REGARDING THE ASSESSMENT OF CERTAIN PIPELINES; AND FURTHER PROVIDING WITH RESPECT THERETO.
WHEREAS, there is on-going litigation over the assessment and ad valorem taxation of certain pipeline property located in Ouachita Parish; and
WHEREAS, the Assessor of Ouachita Parish is in the process of reassessing the properties for the referenced taxpayers pursuant to Judgment issued by the 19th Judicial District Court; and
WHEREAS, the referenced have lodged the following appeals with the Louisiana Tax Commission challenging the Assessor s reassessed valuation for the referenced years:
TAXPAYER: LTC DOCKET NO. TAX YEARS:
ANR Pipeline Company 06-22073-003 1994-2003
Southern Natural Gas 06-22073-002 2000-2003
Tennessee Gas Pipeline 05-22073-001 2000-2003
WHEREAS, as this litigation proceeds it has become necessary for the Assessor to defend the assessments in legal proceedings;
WHEREAS, such a defense will necessitate the Assessor contracting with legal counsel;
WHEREAS, in an effort to limit the costs of such legal counsel, which cost is ordinarily borne proportionately by the ad valorem taxing bodies in this Parish, the Assessor intends on engaging legal counsel on a contingency fee basis, with any fees coming only from any additional taxes collected as a result of the new assessments of the above referenced tax payers; and
WHEREAS, Parish of Ouachita will benefit from the collection of any additional ad valorem taxes collected with the assistance of the legal counsel contracted by the Assessor.
NOW, THEREFORE:
BE IT RESOLVED by the Ouachita Parish Police Jury in a duly called open meeting does hereby authorize the Assessor to engage legal counsel for its benefit on a contingency fee basis, not to exceed 10% of the additional taxes, interest and penalties collected for its benefit pursuant to the decision of the Louisiana Tax Commission in the above referenced proceedings or by judgment of a reviewing Court and does hereby obligate and encumber an amount not to exceed 10% of the additional taxes, interest and penalties collected for its benefit for the payment of said legal fees.
BE IT FURTHER RESOLVED by the Ouachita Parish Police Jury that the Assessor and/or the Ad Valorem Tax Collector of Ouachita Parish be and are hereby authorized to pay said legal fees to the legal counsel contracted by the Assessor to provide legal services in the above referenced matters prior to or contemporaneously with the disbursal of any additional taxes, interest and penalties.
The above Resolution was adopted on the 20th day of November, 2006. Mr. Paul Hargrove opposed.
* * *
Motion was offered by Mr. Caldwell, seconded by Mr. Calhoun to approve the Jurisdictional Support Form from the Louisiana Housing Finance Agency regarding Mike III Apartments, LMF 06-04.
Motion adopted. No opposition.
The following Ordinance was offered for Final Adoption by Mr. Caldwell, seconded by Mr. Hargrove:
ORDINANCE NO. 8858
AN ORDINANCE REVISING AND RE-ENACTING CHAPTER 2 1/2 OF THE COMPILED ORDINANCES OF OUACHITA PARISH, LOUISIANA RELATIVE TO AMBULANCES; AND FURTHER PROVIDING WITH RESPECT THERETO.
WHEREAS, the Ouachita Parish Police Jury finds it to be in the public interest to make a comprehensive revision of those provisions of the Compiled Ordinances of Ouachita Parish, Louisiana governing Ambulance service in the unincorporated areas of Ouachita Parish;
NOW, THEREFORE:
BE IT ORDAINED by the Ouachita Parish Police Jury in legal and regular session that:
SECTION ONE
The Chapter 2 1/2 of The Compiled Ordinances Of Ouachita Parish, Louisiana relative to Ambulances is hereby revised and re-enacted, in its entirety, to read as follows:
Chapter 2 ?
AMBULANCE SERVICES
ARTICLE I: In General.
Section 1. Name.
This Ordinance shall be known as the Uniform Ambulance Service Ordinance.
Section 2. Purpose and Intent.
In order to insure that quality ambulance service is available to all residents of Ouachita Parish, this Ordinance is intended to provide for the License of a sole licensed provider for all ambulance service in Ouachita Parish, Louisiana, and to provide for the uniform regulation of ambulance service throughout Ouachita Parish.
Section 3. Findings and Declaration.
The Ouachita Parish Police Jury, in accordance with La. R.S. 33:4791.1, does hereby find and declare the following:
(A) The provision of consistent high quality emergency and non-emergency ambulance service, and any and all aspects attendant to emergency and non-emergency operations provided by qualified personnel with Advanced Life Support equipment, is essential to health, safety and welfare of the citizens and people within Ouachita Parish.
(B) Exclusive access by an ambulance service, for the provision of emergency medical services, to the 911 or other emergency communication dispatcher in Ouachita Parish is essential to maintaining quick response time and consistency of care
(C) It is in the best interest of the citizens of Ouachita Parish to License with an exclusive Provider of emergency and non-emergency ambulance service, in order to demand accountability of the Provider in the areas of response time, as well as to guarantee the stability and access to ambulance service for a set term.
Section 4. Territorial Applicability.
Upon adoption by the Ouachita Parish Police Jury, the provisions of this Ordinance shall become effective within the unincorporated areas of Ouachita Parish.
Section 5. Cooperation with other local governing authorities.
The Ouachita Parish Police Jury authorizes its President to enter into such Local Services Agreements and/or Cooperative Endeavor Agreements with the governing authority(s) of any municipality(s) as necessary and proper to use the Ouachita Council of Governments ( OCOG ) and the OCOG Ambulance Committee to select and License a sole provider of ambulance service in Ouachita Parish and to provide for the uniform regulation and oversight of such service throughout Ouachita Parish pursuant to the provisions of this Ordinance.
Section 6. Definitions
6.1. ADVANCED LIFE SUPPORT (ALS)
A) ADVANCED LIFE SUPPORT TRANSPORT - means transportation by ground ambulance vehicle permitted at the ALS level by the State and Parish, medically necessary supplies and services and either an ALS assessment by ALS personnel or the provision of at least one ALS intervention. Patients with Emergency Medical Conditions as defined in 6.8 shall be provided with ALS Transport.
B) ADVANCED LIFE SUPPORT ASSESSMENT means an assessment performed by an ALS crew as part of an emergency response that was necessary because the patient s reported condition at the time of dispatch suggested that ALS intervention was needed. An ALS assessment does not necessarily result in a determination that the patient requires an ALS level of service.
C) ADVANCED LIFE SUPPORT INTERVENTION means a procedure that is in accordance with State and local laws, beyond the scope of authority of an Emergency Medical Technician-Basic. These procedures include, but are not limited to:
Intravenous therapy
Manual defibrillation/cardioversion
Endotracheal intubation
Central venous line insertion or monitoring
Cardiac pacing
Chest decompression
Surgical airway
Intraosseous lines
Intravenous, intramuscular or subcutaneous medication administration
Inhalation, sublingual or rectal medication administration
Monitoring of pulse oximetry
Monitoring of end-tidal carbon dioxide
D) ADVANCED LIFE SUPPORT PERSONNEL means an individual trained to the level of EMT-Intermediate or EMT-Paramedic as defined by State laws and regulations, who is qualified to perform enhanced advanced skills that include being able to administer a limited number of medications and perform other interventions.
E) ADVANCED LIFE SUPPORT AMBULANCE SERVICE - means the level of service attained when (i) the Ambulance Service Provider is licensed as an advanced life support ambulance service by the Louisiana Bureau of EMS and (ii) the Ambulance Service Provider's vehicles are permitted as advanced life support vehicles by the Louisiana Bureau of EMS and each Ambulance is occupied by at least one ambulance driver certified as an EMS Driver, EMT-Basic ( EMT-B ), EMT-Intermediate ( EMT-I ) or EMT-Paramedic ( EMT-P ), and at least one patient attendant minimally certified as an EMT-Paramedic by the Louisiana Bureau of EMS.
BASIC LIFE SUPPORT (BLS) - means transportation by ground ambulance vehicle and medically necessary supplies and services, plus the provision of BLS procedures as defined by the Louisiana Bureau of EMS. The ambulance must be staffed by a driver who is, at a minimum, qualified as an EMS Driver ( EMSD ) and a patient attendant who is, at a minimum, as an EMT-B.
6.3. AMBULANCE COMMITTEE
The OCOG Ambulance Committee shall administer the Operations Contract and serve as the regulatory entity for these ambulance ordinances and all medical transportation providers within the Parish. Said Committee shall consist of three (3) voting members to be appointed by the Ouachita Council of Governments (OCOG). The Committee members may be OCOG members or their designees with representation as follows:
One member representing Ouachita Parish
One member representing the City of Monroe
One member representing the City of West Monroe
The Contract Administrator and Licensing Officer shall serve in an ex-officio capacity on the Committee.
6.4. CONTRACT ADMINISTRATOR
Shall mean the person appointed by the OCOG Ambulance Committee to administer the ambulance Ordinance and Operations Contract-All communications between the Parish, Cities and the Operations Contractor will take place through the Contract Administrator. Unless otherwise stipulated, the Contract Administrator shall be the Executive Director of OCOG.
6.5. LICENSING OFFICER
Licensing Officer means the individual designated by the OCOG Ambulance Committee and empowered to issue Permits and Licenses, as defined in this Ordinance, in accordance with policies and procedures governing such issuance as set forth herein. Unless otherwise stipulated, the Contract Administrator shall serve simultaneously as the Licensing Officer or it may be a separate position.
AMBULANCE AND MEDICAL TRANSPORTATION VEHICLES
Ambulance means any authorized emergency vehicle, permitted as an ambulance by the State Bureau of EMS, equipped with warning devices, designed and operated as a part of a regular course of conduct or business to transport a sick or injured individual or which is advertised or otherwise held out to the public as such. The Operations Contractor may use Parish-permitted ambulances for Non-Ambulance Medical Transportation Service (NAMTS) but NAMTS providers may not transport Patients, as defined in 6.27 in NAMTS vehicles. The OCOG Ambulance Committee may establish minimum standards for all medical transportation vehicles, including, but not limited to: ALS Ambulance Vehicles; BLS Ambulance Vehicles; and Emergency Medical Response Vehicles ( EMRVs ).
NONAMBULANCE MEDICAL TRANSPORTATION VEHICLE
Non-ambulance means any wheelchair van or similar non-ambulance vehicle operated by a Non-Ambulance Medical Transportation Service (NAMTS) provider as defined in Section 6.24. NAMTS providers may not transport Patients, as defined in Section 6.27, in NAMTS permitted vehicles. The OCOG Ambulance Committee may establish minimum standards and licensing requirements for all Non-Ambulance Medical Transportation Vehicles.
6.7. AMBULANCE SERVICE OR AMBULANCE PROVIDER
"Ambulance service" or "ambulance provider" means any person, firm, association, or government entity licensed by the State Bureau of EMS, owning, controlling, or operating any business or service which furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the business or service of transporting, in ambulances, individuals who may need medical attention during transport. This applies to Emergency Ambulance Calls and Non-Emergency Ambulance Calls. However, "ambulance service" and "ambulance provider" shall not include any of the following:
A) A volunteer nonprofit organization or municipal nonprofit organization operating an invalid coach or coaches.
B) An entity rendering assistance to a licensed ambulance or ambulances in the case of a major disaster.
C) A licensed hospital providing non-ambulance transportation, as defined in section 6.24, for diagnostic and therapeutic purposes when such transportation originates at a licensed hospital.
D) An entity operating an ambulance or ambulances from a location outside of the state to transport patients from a location outside of the state to a location inside the state or to transport a patient or patients from a medical facility inside of the state to a location outside of the state.
An entity providing transportation to employees who become sick or injured during the course of their employment from a job site to the nearest appropriate medical facility.
6.8. EMERGENCY MEDICAL CONDITION
Shall mean a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain, psychiatric disturbances, and/or symptoms of substance abuse) such that a prudent layperson, who possess an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in placing the health of the individual (or, with respect to a pregnant woman, the health of the woman or her unborn child) in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part. Except in major catastrophes and in disaster situations (as declared by appropriate elected officials) only ambulances that are permitted at the ALS level with ALS personnel may transport patients with Emergency Medical Conditions.
6.9. EMERGENCY AMBULANCE CALL
Shall mean a situation that is presumptively classified (at time of dispatch) to have a high index of probability that an emergency medical condition or other situation exists that requires medical intervention as soon as possible to reduce the seriousness of the situation, or when the exact circumstances are unknown, but the nature of the request is suggestive of a true emergency where a patient may be at risk. ALS and BLS ambulances or EMRVs may respond to Emergency Ambulance Calls, but only ALS ambulances may transport patients with Emergency Medical Conditions.
6.10. NONEMERGENCY AMBULANCE CALL
Non-emergency Ambulance Call means a call for ambulance service that is not an Emergency Ambulance Call. Non-emergency transportation by ambulance is appropriate if either: the patient is bed-confined, and it is documented that the patient s condition is such that other methods of transportation are contraindicated; or, if the patient s medical condition, regardless of bed confinement, is such that transportation by ambulance is medically required.
6.11. EMERGENCY RESPONSE
Means an immediate response by an ambulance at the ALS level of service to an Emergency Ambulance Call as defined herein. An immediate response is one in which the ambulance supplier begins as quickly as possible to take the steps necessary, requiring the least amount of time practicably attainable, to respond to the call. Only ALS ambulances may transport patients with Emergency Medical Conditions.
6.12. EMERGENCY MODE
Means an ambulance or EMRV operating with emergency lights and warning siren (may use air horn in addition to siren) while engaged in an Emergency Ambulance Call. Drivers of ambulances and EMRVs shall operate in the emergency mode with warning lights and siren at all times while engaged in an Emergency Ambulance Call if they are operating the emergency vehicle in a manner to take exemption to the traffic laws and rules of the road which may be allowed by State law, so as to warn other drivers of non-emergency vehicles to yield the right of way of the authorized emergency vehicle. Ambulances and EMRVs may use emergency warning lights only, if they are engaged in an Emergency Ambulance Call and they are stopped or parked or if they are moving and operating the vehicle in a manner so as to abide by all traffic laws and regulations stipulated in State law. No driver of any ambulance or EMRV shall assume any special privilege from traffic laws and regulations except when such emergency vehicle is operated in the emergency mode, with warning lights and siren, while engaged in an Emergency Ambulance Call.
6.13. EMERGENCY MEDICAL RESPONSE VEHICLE (EMRV)
Means a marked emergency vehicle with fully visual and audible warning signals operated by the Parish-licensed ambulance service, the primary purpose of which is to respond to the scene of a medical emergency to provide emergency medical stabilization or support, or command, control, and communications, but which is not an ambulance designed or intended for the purpose of transporting a victim from the scene to a medical facility regardless of its designation. Included are such vehicles referred to but not limited to the designation as "sprint car", "quick response vehicle", "special response vehicle", "triage trucks", "staff cars", "supervisor units", and other similar designations. - Personnel operating EMRVs must be certified as either a Emergency Medical Responder ( EMR ), EMT-B, EMT-I or EMT-P.
6.14. EMERGENCY FACILITIES
Are those facilities which include as part of their mission providing for the treatment of patients with life- or limb-threatening conditions. They meet or exceed the Emergency Care Guidelines of the American College of Emergency Physicians and they receive ambulance patients with Emergency Medical Conditions.
6.15. EMERGENCY MEDICAL RESPONDER (EMR)
Any certified first responder, as defined by statute and the Louisiana Bureau of EMS. They can perform Emergency Medical Responder Services including rescue, first aid, resuscitation, and other services to the extent that they have been trained to perform such services under the provisions of the first responder training curriculum developed by the LA Bureau or EMS. They are not allowed to function autonomously as an ambulance patient attendant.
6.16. EMERGENCY MEDICAL SERVICES DRIVER (EMSD)
An individual who is authorized to drive an ambulance in the Parish. At a minimum, they must trained and certified as an Emergency Medical Responder and have successfully completed an emergency ambulance driving course with current certification as approved by the Ambulance Committee. EMRs, EMT-Bs, EMT-Is, and EMT-Ps may also function as EMSD if they successfully complete an emergency ambulance driving course with current certification as approved by the Ambulance Advisory Committee.
6.17. AMBULATORY CARE FACILITIES
Provide primary medical care services and may be accessible without prior doctor-patient relationship or without an appointment. In general, ambulatory care facilities do not solicit patients with Emergency Medical Conditions, or patients requiring emergency ambulance transport.
6.18. EMERGENCY RESPONSE CALL MEASUREMENTS
The following definitions shall be used as time measurements for all ambulance providers licensed pursuant to this Ordinance. All times shall be recorded in hours, minutes and seconds. These measurements shall be utilized by the Ambulanced Advisory Committee to determine licenssed ambulance provider s compliance with performance criteria. All of the below listed times shall be based on transporting units only.
A) Fractile Response Time. Percentile of a specific category of requests for ambulance service that are appropriately answered within a stated response time goal or standard. A fractile response time requirement can be expressed as follows: Every calendar month, the Contractor will have an ALS ambulance staffed as required, on the scene of at least X percent of all (enter level of call here, such as presumed life threatening ) emergency calls in (a specific jurisdiction) in Y minutes or less. An example of this wording follows: Every calendar month, the Contractor will have an ALS ambulance staffed as required, on the scene of at least 80% (eighty percent) of all presumed life threatening presumed life-threatening emergency calls inside the cities of Monroe and West Monroe in eight minutes zero seconds or less.
B) Call Received Time. When the EMS telecommunicator has answered the call for service from a citizen or from any Public Safety Agency or thirty (30) seconds after the call has been transferred from the Ouachita Parish 911 call center.
C) Enroute Time. This time is when the assigned unit acknowledges notification of assignment to a specific call by the communications center and declares itself to be enroute.
D) On-Scene Time. This stage begins when the ambulance unit - declares itself on-scene, (the unit is fully stopped at the location where the ambulance shall be parked while the crew exits to approach the patient or when it arrives at a pre-determined staging area because of hazardous materials, violent crime scenes, etc.) and ends when the ambulance unit declares itself to be enroute to a destination.
E) Response Time. Elapsed time measurement that begins at the Call Received Time and ends when the assigned ambulance unit - declares itself on-scene at the assigned location.
6.19. EMERGENCY MEDICAL SERVICES
Emergency Medical Services ("EMS") means the following pre-hospital and inter-hospital services:
A) Access and Coordination - The answering and processing of telephone requests from the public for Ambulance or Emergency Medical Responder Services, including EMS dispatching, emergency and non-emergency; the providing of medical pre-arrival instructions to callers by telephone; but excluding the process of 911 complaint-taking when the caller is immediately transferred to the EMS Control Center;
B) Emergency Medical Responder Services - Those emergency services, excluding transportation, which are performed by an EMR. The Ambulance Advisory Committee shall establish minimum standards for training, continuing education and performance standards for EMRs;
C) Medical Transportation Transportation and services by either a Permitted Ambulance (ALS or BLS) or Non-Ambulance Medical Transportation Service vehicle (wheelchair van) as defined in 6.24;
D) On-line Medical Direction - On-line medical direction is the medical direction provided directly to prehospital providers by the medical director or designee either on-scene or by direct voice communication. Ultimate authority and responsibility for concurrent medical direction rests with the medical director. On line medical direction in the Parish shall be sanctioned and coordinated by the Licensed Ambulance Provider.
Off-line Medical Direction - Off-line medical direction is the administrative promulgation and enforcement of accepted standards of prehospital care. Off-line medical direction can be accomplished through both prospective and retrospective methods. Prospective methods include, but are not limited to, training, testing, and certification of providers; protocol development; operational policy and procedures development; and legislative activities. Retrospective activities include, but are not limited to, medical audit and review of care, direction of remedial education, and limitation of patient care functions, if needed. Various aspects of prospective and retrospective medical direction can be handled by committees functioning under the medical director with representation from appropriate medical and EMS personnel. The Off-line Medical Director is appointed by the Licensed Ambulance Provider, and shall be a physician licensed to practice emergency medicine in the State of Louisiana who is familiar with the pre-hospital emergency response system in Ouachita Parish.
6.20. EMS CONTROL CENTER
EMS Control Center is the Communications facility operated by the Licensed ambulance provider which serves as the central EMS communications center for the Parish.
6.21. LICENSED AMBULANCE PROVIDER
The Licensed Ambulance Provider that is the licensed provider for emergency ambulance services in Ouachita Parish. The Licensed Emergency Ambulance Provider is authorized to enter into mutual aid agreements with other EMS, public safety and ancillary support agencies.
6.23. MEDICAL NECESSITY FOR AMBULANCE SERVICE
Medical necessity is established when the patient's condition is such that use of any other method of transportation other than ambulance is contraindicated. In any case, in which some means of transportation other than an ambulance could be utilized without endangering the individual's health, whether or not such other transportation is actually available.
6.24. NONAMBULANCE MEDICAL TRANSPORTATION SERVICE OR MEDICAL WHEELCHAIR VAN SERVICE
Non-Ambulance Medical Transportation Service (NAMTS) or Medical Wheelchair Van Service means any person, firm, association, or government entity owning, controlling, or operating any business or service which furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the business or service of transporting individuals in a vehicle other than an ambulance, e.g., wheelchair van with the following stipulations:
Passengers do not require medical care, attention, or monitoring during transport; and
Passengers do not require the assistance of an attendant during transport; and
C) Passengers do not require the use of a stretcher for transportation; and
D) Passengers are ambulatory, ambulatory with assistance, or capable of riding in a wheelchair during transport; and
E) Passengers do not meet Medical Necessity requirements of Section 6.23.
Drivers must possess a valid driver s license and be State certified as a First Responder, EMT-B, EMT-I or EMT-P.
OPERATIONS CONTRACT
Operations Contract means a contract between an Ambulance Provider and the Parish to provide Ambulance Service to the Parish in response to Emergency Ambulance Calls and Non-emergency Ambulance Calls within Ouachita Parish.
6.26. OPERATIONS CONTRACTOR
Operations Contractor means the entity providing Emergency and Non-emergency Ambulance Service to Ouachita Parish pursuant to the Operations Contract.
6.27. PATIENT
Patient means an individual who is ill, sick, injured, wounded, or incapacitated (physically or mentally), and who is in need, or is at risk of needing, medical care or assessment at the scene of a call and during transportation to or from a health care facility or should be transported on a stretcher. Only licensed Ambulance Services may transport Patients as defined herein, and they must be transported in ambulance vehicles permitted by the Ambulance Committee.
6.28. LICENSE
Ambulance Service License Every Ambulance Service Provider as defined in Section 6.7 responding to Emergency Ambulance Calls and Non-emergency Ambulance Calls originating in the Parish shall be required to obtain an Ambulance Service License pursuant to this Ordinance. This Ambulance Service License authorizes the Provider to respond to Emergency and Non-emergency Ambulance Calls
6.29. PERMITS
Permit means any of the permitting documents required to be obtained pursuant to this Ordinance. The OCOG Ambulance Committee is authorized to promulgate permitting criteria for medical transportation vehicles in the Parish. The following types of Permits are allowed:
A) Ambulance Permit - Every Ambulance operated by an Ambulance Service Provider shall be required to obtain a State Ambulance Permit subject to inspection and recommendation of the Licensing Officer, pursuant to this Ordinance. Ambulances shall be permitted as either:
(i) ALS Ambulance Vehicle (can be used for ALS, BLS, or NAMTS transports), or
BLS Ambulance Vehicle (can be used for BLS or NAMTS transports)
6.30. SYSTEM STANDARD OF CARE
System Standard of Care means the federal, state and local laws, and policies, rules, regulations and protocols that establish standards governing all clinical and operational aspects of the EMS system in Ouachita Parish. Minimum requirements shall include, but not be limited to, the most current standards recommended by the Commission on Accreditation of Ambulance Services The OCOG Ambulance Committee may establish additional minimum Standards of Care. The Licensed Ambulance Provider shall maintain accreditation with the Commission on Accreditation of Ambulance Services during the term of the Contract. If the Licensed Ambulance Provider does not hold such accreditation at the commencement of the Contract, it must make application for such accreditation within one year from the commencement date of the Contract.
6.31. SYSTEM STATUS CONTROLLER
System Status Controller ("SSC") shall be an employee of the EMS Lead Agency and a person trained and competent as an EMS dispatcher. The minimum standard of training shall be the current edition of "Emergency Medical Services Dispatcher: National Standard Curriculum" as developed by the U.S. Department of Transportation, National Highway Traffic Safety Administration. The SSC must demonstrate competency in (a) receipt and processing of calls for ambulance service, (b) dispatch and coordination of EMS resources, (c) provision of medical information, and (d) coordination with other public safety services. Only qualified SSCs shall be permitted to work in the EMS Control Center.
6.32. SYSTEM STATUS PLAN
System Status Plan means the plan and protocols for staffing, deployment, and redeployment of Ambulances which is developed and utilized by an Ambulance Service Provider, and which specifies how many Ambulances will be staffed and available within the Parish each hour of the day, each day of the week, including the locations of available Ambulances (not assigned to calls) within the Parish, specified separately for each hour of the day, for each day of the week and the remaining number of Ambulances then available in the system, and including protocols for event-driven redeployment of those remaining Ambulances. The Operations Contractor is responsible for development and implementation of the System Status Plan.
Section 7. Prohibited Acts
It shall be unlawful and an offense for any person or any Ambulance Service Provider to commit any of the following acts:
To perform duties as an EMS driver, attendant-, (EMR, EMT-Basic, EMT-Intermediate, EMT-Paramedic or pre-hospital RN or licensed physician)-, without a current valid certification issued by the Louisiana Bureau of EMS.
To allow any person to work as an ambulance driver or attendant, without current valid certification issued by the Louisiana Bureau of EMS.
To use, or cause to be used, an ambulance service other than the Ambulance Service Provider holding a valid Ambulance Service License pursuant to this Ordinance.
For any person, firm or organization except Public Safety Agencies in Ouachita Parish to respond to emergency or non-emergency ambulance calls which originate within Ouachita Parish, other than the Ambulance Service Provider which is the holder of a valid Ambulance Service License issued pursuant to this Ordinance or without the express authorization of the Operations Contractor.
To knowingly give false information to induce the dispatch of an Ambulance or Emergency Medical Responder.
To operate an Ambulance in the Emergency Mode when not responding to an Emergency Ambulance Call in compliance with this Ordinance.
For any person, firm or organization to solicit or otherwise advertise for emergency or non-emergency ambulance service other than an Ambulance Service Provider holding a valid Ambulance Service License pursuant to this Ordinance.
For an Ambulance Service Provider to bill a patient for services provided by firefighters, police officers, or other public employees acting as first responders. This provision shall not be applied to prevent an Ambulance Service Provider from billing a patient for medications, medical supplies, and the like used by firefighters, police officers, or other public employees acting as first responders where those medications, medical supplies, and the like were provided to or for such first responders by the Ambulance Service Provider
It shall be a violation of this Ordinance for the Licensed Ambulance Provider, to fail to respond to an Emergency Ambulance Call originating within the Parish where there is a Medical Necessity for the Service as defined in Section 6.23.
Section 8. Penalties.
(A) In this Chapter, the term violation of this Ordinance means:
Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by this Uniform Ambulance Service Ordinance or by rule or regulation authorized by said Ordinance;
Failure to perform an act that is required to be performed by this Uniform Ambulance Service Ordinance or by rule or regulation authorized by said Ordinance; or
Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by this Uniform Ambulance Service Ordinance or by rule or regulation authorized by said Ordinance.
(B) In this Chapter, the term violation of this Ordinance does not include the failure of a Ouachita Parish Police Jury employee or designee to perform an official duty unless this Uniform Ambulance Service Ordinance specifically provides that failure to perform the duty is to be punishable as provided in this Chapter.
(C) The imposition of a penalty as set forth herein does not prevent revocation or suspension of a license, permit or franchise.
(D) Continuous or repeated violations of this Ordinance may be abated by injunctive or other relief, and the imposition of a penalty under this Section or any other provision of law does not constitute an election of remedies and shall not prevent an award of injunctive or other relief.
(E) Violations of this Ordinance shall be subject to punishment by a fine not to exceed the sum of $1,000.00 for each violation. Each day that any violation of this Ordinance is committed or permitted to continue shall constitute a separate violation.
Section 8.1 Exemptions
Notwithstanding anything herein, it shall not be a violation of this Ordinance, and no Ambulance Service License shall be required if the vehicle or Ambulance is:
A) Responding to an emergency or non-emergency Ambulance Call at the request of the Licensed Ambulance Provider.
B) A privately owned vehicle not used in the business of transporting Patients who are sick, injured, wounded, incapacitated or helpless.
C) A vehicle rendering services as an Ambulance in the event of a major catastrophe or emergency when Ambulances with Permits based in the locality of the catastrophe or emergency are incapacitated or insufficient in number to render the services needed as determined by the Incident Commander(s).
D) An Ambulance transporting a Patient to a location within the Parish which transport originated from a point outside the Parish, and an Ambulance operated by the same ambulance service as above, which transports the same Patient from the original destination within the Parish back to the original point of origin and within twenty-four (24) hours of the original transport and the Patient (or a proper representative of the Patient) specifically requests the services of said ambulance service.
E) A vehicle engaged in the interstate transport of a Patient that originates outside the Parish.
An ambulance service that responds with mutual aid and permission of the Operations Contractor, so long as the response is coordinated through the EMS Control Center and the Licensed Ambulance Provider determines that the ambulance service meets or exceeds the needs of the specific patient(s).
ARTICLE II: Ambulance Service Advisory Board.
Section 1. Name and Purpose.
In order that the local governing bodies will have the benefit of relevant technical and professional expertise there is hereby created the Ouachita Parish Ambulance Service Advisory Board ( Board ) which shall assist and advise the local governing bodies with respect to the selection of a sole provider for ambulance service in Ouachita Parish and the regulation of such service as set forth herein.
Section 2. Members and Method of Appointment.
The Board shall consist of five (5) members, appointed as follows for a term of two (2) years:
One (1) member of the Board shall be the designee of the President of the Ouachita Parish Medical Society, said designee to be a healthcare provider familiar with pre-hospital Emergency Medical Service in Ouachita Parish.
The Mayor of the City of Monroe, the Mayor of the City of West Monroe and the President of the Ouachita Parish Police Jury shall each appoint One (1) member of the Board. Each of these three appointees shall be familiar with Emergency Medical Services in Ouachita Parish and shall serve a term of two (2) years.
The fifth member of the Board shall be a licensed physician practicing Emergency Medicine on a regular basis at a hospital in Ouachita Parish. Such Physician shall be appointed to the Board by the Ouachita Council of Governments ( OCOG ) from a list of physicians recommended jointly by the Chiefs of the Monroe, West Monroe and Ouachita Parish Fire Departments.
No member of the Board shall be affiliated with any ambulance service. There shall be no limit on the number of terms a member may serve on the Board.
Section 3. Notification of Appointment.
OCOG shall communicate, in writing, to the local governing authorities the name of its appointee and the date of the appointment. All appointments will be memorialized in an official agenda of OCOG.
Section 4. Meetings.
The Board shall meet at any time on the call of the Chairman, the Executive Director of OCOG, or on the written request of any three (3) members. The Board will meet regularly at least quarterly. All meetings of the Board shall be opened to the public as provided by law. The Board may make its own rules and regulations concerning the conduct of its meetings.
Section 4.1. Attendance at Meetings.
Members of the Board shall be expected to attend all regular and called meetings. Should a member be absent from more than 25% of the Board s meetings in a calendar year the Licensing Officer shall notify the local governing authority that appointed such member and request that the member be removed from the Board and a new member be appointed.
Section 5. Organization and Quorum of the Board.
The Board shall elect, at its first meeting, and annually thereafter, a Chairman, a Vice Chairman and a Secretary from its membership. The term of each officer shall be for one (1) year with eligibility for reelection. Three (3) members of the Board shall constitute a quorum for all purposes.
Section 6. Committees.
The Board shall have the power to designate various committees with such powers and duties as the Board may prescribe, provided that such powers and duties do not violate any law of the State of Louisiana.
Section 7. Reports.
The Board shall keep an accurate record of all of its meetings and shall, at least annually, give to OCOG a written report of the Board s activities for the prior year. The Board shall provide to the Executive Director of OCOG copies of the minutes of each of its meetings.
Section 8. Legal Representation.
The District Attorney for Ouachita Parish or his/her designee, shall serve as the legal advisor to the Board.
Section 9. Duties and Authority of Board.
The Board shall have the following duties and authority:
(a) As desired, the Board may review and recommend to OCOG and the local governing authorities any changes in this Ordinance regulating ambulance services.
(b) As desired, the Board may review and recommend to the OCOG and the local governing authorities any changes in the standards and procedures with reference to the provision of emergency medical services.
The Board will respond to any complaint concerning quality of all emergency medical services provided under the sole provider license issued through OCOG by the local governing authorities pursuant to this Ordinance.
The Board will respond to any complaint concerning rates and charges by emergency medical service Providers in Ouachita Parish and can make any recommendation concerning the same to OCOG and the local governing authorities.
As desired, the Board may review and recommend to OCOG and the local governing authorities any recommendations it has concerning the provision of any emergency medical service to the citizens of Ouachita Parish.
(f) As desired, the Board may encourage the local governing authorities in Ouachita Parish to adopt such Ordinances as are needed in order to provide quality ambulance service to all citizens living within Ouachita Parish.
(g) The Board will hear any complaint of any person with reference to the provision of ambulance services in Ouachita Parish. In connection with such complaints the privacy rights of any patient will be protected in accordance with law. The hearing of complaints by the Board will be conducted under the following procedure:
1) All complaints must be in writing. All written complaints must be directed initially to the Executive Director of OCOG.
2) The Executive Director of OCOG will notify the Chairman of the Board in writing of the receipt of any written complaint.
3) The Executive Director of OCOG will notify the emergency medical service Provider in writing of the complaint, will furnish a copy of the written complaint to the Provider and will allow fifteen (15) days for the Provider to respond in writing to the complaint.
4) The Executive Director of OCOG will furnish a copy of the written response of the emergency medical service Provider to the complaining party upon the receipt of same.
5) The Board will consider and attempt to mediate and resolve the complaint, if possible. If the complaint is resolved, notice of the resolution will be sent by the Executive Director of OCOG to the complaining party and to the emergency medical service Provider.
6) If the complaint is not able to be resolved by the Board, the Executive Director of OCOG will refer the complaint, together with the response of the Provider, and any recommendation that the Board deems appropriate to the local governing authorities and/or appropriate law enforcement agencies.
ARTICLE III. Terms and Conditions of License for Provision of Ambulance Services.
Section 1. Exclusive License.
Under the provisions of Louisiana law, including but not limited to La. R.S. 33:4791.1, the Ouachita Parish Police Jury is authorized to issue an exclusive license to a sole Provider of ambulance services (both emergency and non-emergency) within the unincorporated areas of Ouachita Parish. The Ouachita Parish Police Jury finds that the purpose and intent of this Ordinance as stated hereinabove are best served by the licensure of such a sole Provider of ambulance service.
Section 2. Term of Exclusive License.
The initial term of any such exclusive License shall be for a period of five (5) years beginning with the Commencement Date set forth in the License issued by OCOG pursuant to this Ordinance. The License may thereafter be renewed by mutual agreement of OCOG and the Licensee for additional terms of not more than four (4) years each.
It will be presumed that the parties intend for the License to be renewed for a term of one (1) year unless written notice of an intent that the License not be renewed is delivered to the other party not less than one hundred twenty (120) days prior to the end of the term of the License then in effect.
Section 3. License Fee.
The Provider of Ambulance Services shall pay a license fee of FIVE THOUSAND AND NO/100 ($5,000.00) DOLLARS each calendar year, or portion thereof, during the term of this Exclusive License. This License Fee shall be paid to OCOG to defray the costs of administering this Ordinance. The initial License Fee shall be paid upon commencement of the initial term of the License with subsequent License Fees being due thereafter on or before January 31 of each succeeding year during the initial or renewal term(s) of the License.
For the calendar year 2007 and thereafter during the initial and renewal term(s) of the License, the OCOG Ambulance Committee may increase the License Fee if shown necessary to cover the costs of administering this Ordinance, but no such increase shall be more than $5,000.00 per calendar year or portion thereof. Any such increase shall be adopted by the Ambulance Committee at an Open Meeting held on or before October 31 of the prior year.
Section 4. Conditions of License for Provision of Ambulance Service.
Any sole Provider of ambulance services for the unincorporated areas of Ouachita Parish shall be selected only upon the ambulance service Provider being able to furnish and actually furnishing to the Ouachita Parish Police Jury the following inter alia:
(A) The provision of a licensed emergency physician to serve as Medical Director of ambulance service. The Medical Director or his/her designee shall be responsible for all quality of care issues, and shall provide monthly reports to the Ambulance Service Advisory Board regarding response times, response to complaints made to the Board, and any other quality of care issue. Those reports shall be sent to the Executive Director of OCOG.
(B) The ambulance contractor shall maintain mutual aid agreements with air and ground ambulance providers who can respond to Ouachita Parish when called upon by the Licensed Ambulance Provider in times of disaster or other extraordinary situations.
(C) Insurance Required: Prior to commencement of any operations under the License with the Ouachita Parish Police Jury, the Provider must file with the Parish and with the Ambulance Service Advisory Board all policies of general liability insurance, automobile liability insurance, workers compensation insurance and professional liability insurance which policies must be issued by an insurance company qualified to do business in the State of Louisiana having a rating of not less than B+ by A. M. Best or equivalent rating by a nationally recognized rating service and shall be eligible for redemption under any terms of default as defined by this ordinance or any provision of the contract and which policies shall contain the conditions and stipulations set forth in the Operations Contract.
(D) Insurance Cancellation: Cancellation or material alteration of any required insurance policy or coverage shall result in the automatic revocation of any Ambulance Service License issued hereunder, and the Ambulance Service Provider shall thereupon cease and desist from further ambulance service operations in the Parish.
(E) Performance Bond Requirements: Provider must furnish performance security in an amount of not less than $750,000.00. Said security shall be furnished through the pledge of a Certificate(s) of Deposit in said amount or through the posting of a Performance Bond in said amount issued by an insurer or surety having a rating of not less than B+ by A. M. Best or equivalent rating by a nationally recognized rating service.
(F) Inspection of Ambulances: Before any operations can commence under any License, all ambulances used by Provider in Ouachita Parish must have current motor vehicle inspection stickers issued by the Louisiana Department of Motor Vehicles and each ambulance must be equipped in compliance with the standards for ambulance equipment as contained, inspected and approved yearly by the Louisiana Department of Health and Hospitals and as is set forth in LA R.S. 40:1235.1. Any ambulance operated by Provider in Ouachita Parish must remain in compliance with said standards at all times.
(G) Emergency Medical Technicians: With reference to emergency medical technicians, Provider must agree as follows:
(1) No ambulance will transport a patient suffering an Emergency Medical Condition as defined in 6.8, with the transport originating in or from Ouachita Parish, unless it is an Advanced Life Support ambulance capable of providing Advanced Life Support Services and whose crew shall consist of at least one Nationally Registered Paramedic and one Nationally Registered EMT-Basic or EMR as driver.
(2) No person shall provide services in any capacity on an emergency medical response vehicle unless he is the holder of a certification by the Department of Health and Hospitals; or a certification of an emergency medical technician issued by the National Registry of Emergency Medical Technicians; or a certificate of licensor as a Registered Nurse; or is a Physician or Surgeon licensed to practice medicine by the Louisiana State Board of Medical Examiners. No person shall provide services in any capacity without holding a valid certification of cardiopulmonary resuscitation training issued by the American National Red Cross or the American Heart Association.
(3) Provider shall, at all times, under penalty of revocation, certify that all persons serving on said ambulance meet the following qualifications:
(a) The Caregiver is a person of at least eighteen (18) years of age.
The Caregiver is an Emergency Medical Technician who meets all State Certification Requirements and is in good standing with the Bureau of Emergency Medical Services of Louisiana as memorialized in LA R.S. 40:1231 et seq.
(c) All employees of Provider who shall operate an ambulance within Ouachita Parish shall have been issued and be in possession of a valid driver s license for the operation of said vehicle as required by the State of Louisiana. Additionally, Provider shall, at all times, certify, under the penalty of permit revocation, that all drivers of its ambulances meet the following criteria:
(i) The driver is a person of at least eighteen (18) years of age; and
(ii) The driver is a Louisiana Certified First Responder, Emergency Medical Technician-Basic, Emergency Medical Technician Intermediate, or Emergency Medical Technician Paramedic.
(G) Standards for Ambulance Equipment: The Provider must warrant that each ambulance will carry at all times, when the ambulance is in use, the minimum essential equipment necessary for advanced life support including, but not limited to, a space for a driver, two (2) attendants and a minimum of two (2) litter patients so positioned that at least one (1) patient can be given intensive life support during transit. Furthermore, the vehicle must be permanently equipped, as part of its regular equipment, with the minimum essential equipment and appropriate sizes for treating infants, children and adults consistent with the Bureau of Emergency Medical Services protocols.
(H) Ambulance Performance Standards: The Provider must warrant as follows:
That it shall not unreasonably refuse to respond to a request for ambulance service in Ouachita Parish.
Provider warrants that it shall not refuse to respond to a request for ambulance service where there is a Medical Necessity for the service as defined in Section 6.23 of this Ordinance on the grounds of the patient's inability to pay for such service.
Provider warrants that it shall conform to all nationally accepted standards with respect to ground ambulance operations. Provider furthermore must agree to comply with the Ouachita Parish Office of Homeland Security and Emergency Preparedness Emergency Operations Plan in regards to its role and/or function within an Incident Management System.
(I) Review of Rates, Financial Information, and Performance Information: As to the review of rates, charges and financial information, the Provider must agree as follows:
(1) Provider shall submit a schedule of its rates for all services to the Advisory Board for review, at least once per year, and at such other times and in such format as may be designated by the Advisory Board. The Advisory Board shall have authority to review, and/or approve such rates which shall be comparable to similar Louisiana parish ALS EMS systems. In the event the Advisory Board rejects the Provider s proposed Rate Schedule, the Provider may appeal to OCOG for approval of the same. The Provider will not exceed the charges for base rate, mileage rate per run, supplies, oxygen and any other services included in Provider s schedule of rates except as may be pre-approved by the Advisory Board. The Provider must acknowledge that it is responsible for billing and collecting for services rendered. All fees for services rendered shall remain the property of the Provider. The Provider will be allowed to add and/or modify items that represent new and/or changing technology, equipment, services and pharmaceuticals and to charge reasonable fees for said new items that are added.
(2) The Provider must permit the Advisory Board or its designated representatives, including but not limited to auditors, reasonable access to its financial records, books, documents, papers, files or other records that are pertinent during normal business hours upon reasonable notice.
Provider shall present to the Advisory Board an annual audit of owner/operator's financial statements and activities. A copy of every such annual audit must be provided to the Advisory Board. The Provider shall have the right to demand that all audited financial statements and any other proprietary information, as deemed proprietary by the Provider, be reviewed and discussed in Executive Session of the Advisory Board and not be considered a public record, where allowed by Louisiana law.
Provider shall submit to the Advisory Board such reports, records, recordings and other information as requested by the Board in connection with the investigation of a complaint or as otherwise deemed necessary by the Board in connection with the oversight of the Provider s performance of the Provider s obligations under this Ordinance and/or the License issued to the Provider by OCOG. The Provider shall have the right to demand that all patient records and proprietary information, as deemed proprietary by the Provider, be reviewed and discussed in Executive Session of the Advisory Board and not be considered a public record, where allowed by Louisiana law.
(4) The Provider shall not initiate any Membership Drive or similar sale to consumers of enrollments in any plan related to the Provider s ambulance services without prior approval of such Membership Drive or sale of enrollments by the OCOG Ambulance Committee. In connection with these matters the Ambulance Committee may seek the recommendation of the Ambulance Service Advisory Board and the Provider shall make available to Board and/or Ambulance Committee written specification regarding the terms and conditions of the proposed Membership Drive or sale of enrollments as well as the Provider s proposed marketing plan including the content of proposed advertisements and promotional efforts.
(J) Material Changes in Government Regulations: In the event that federal laws, rules and regulations are adopted, amended, interpreted, or enforced, which have a material adverse effect on third party reimbursements for ambulance transports or requires reimbursements to be based on the clinical level of service actually performed or provided, then (a) the OCOG Ambulance Committee and the Operations Contractor will renegotiate, in good faith, the rates and fees which may be charged; and ()(b) the Parish will modify any provisions of the ordinance inconsistent with the terms hereof.
(K) Mandatory Centralized Emergency Ambulance Call Processing: With respect to the handling of calls for ambulance service the provider must agree as follows:
1) 911 CALLS
All 911 telephone requests for ambulance services, both emergency and non-emergency, originating within Ouachita Parish shall terminate at the EMS Control Center, where the Licensed Ambulance Provider shall establish the call's classification, determine the Patient's location, and if appropriate, deliver pre-arrival instructions. The Licensed Ambulance Provider shall also determine the need for EMS Public Safety Provider Services in accordance with established guidelines, alert the EMS Public Safety Agency Dispatch Center and dispatch the appropriate Ambulance.
2) EMS DEPLOYMENT
The EMS Control Center of the Licensed Ambulance Provider shall at all times have full authority to direct the deployment, positioning, movements, and run responses of all Ambulances, and mutual aid Ambulance Service Providers, However, at all times an Emergency Ambulance shall be positioned and staffed on each side (East/West) of the Ouachita River.
3) PATIENT DESTINATION
The Licensed Ambulance Provider shall develop and implement patient transportation and destination policies and guidelines.
4) RECORDING CALLS
All call requests processed by the EMS Control Center of the Licensed Ambulance Provider shall be recorded to facilitate subsequent auditing of the Licensed Ambulance Providers actions and decisions by the Contract Administrator, and all such recordings shall be safely stored and shall not be erased for a period of six (6) months.
6) LOCATION OF CONTROL CENTER
The EMS Control Center, including call-taking for and dispatching of ambulances, must be located within Ouachita Parish. EMS dispatching may be done from entities outside of the Parish in extraordinary circumstances, on a temporary basis.
7) OTHER CALL PROCESSING
All other call requests for ambulance service, Emergency or Nonemergency, which may be received by parties other than the Operations Contractor, shall be transferred immediately to the EMS Control Center.
(L) Response Reliability Standards:
With respect to emergency responses, the Provider must agree as follows:
(1) To comply with a parish-wide Response Times Zone Map indicating acceptable response times for various zones throughout the parish and agree to pay such penalties set forth in this ordinance and and/or established in the Operations Contract for any failure to meet The response time thresholds set forth by this Ordinance or established as part of the Operations Contract.
(2) Throughout the term of any License issued hereunder, it will be Provider s responsibility to meet the response time thresholds set forth by this Ordinance or established as part of the Operations Contract regardless of the number of ambulances required to meet said standards. Additionally, Provider must acknowledge that at all times it will operate its service aiming always to provide better and increased service and decreased response times. Provider must acknowledge that the above described response times are minimum standards and Provider must acknowledge that it will always strive to achieve decreased response times.
(M) Response Time: Response times on emergencies will be calculated using response time as defined in section 6.18. Response times will be submitted each calendar month by Provider. Provider agrees to provide to the Advisory Board monthly reports of response times by area along with all back-up documentation including the itemized summary of each call that is included on the monthly report. The itemized summary of each call shall include all available information regarding the time, arrival times, etc. of each call. Included on monthly response time reports will be all calls excluded from the response time calculation. All information and back-up documentation that said calls should be excluded will be available upon request to the Provider. The response time reports must be distributed to the Advisory Board within 10 days of the end of a month.
(N) Provider must agree that the Advisory Board will be allowed to monitor response times:
(O) Excluded Responses: Provider will have the responsibility to document the nature of the circumstances surrounding any excluded response and the runs affected thereby. It shall be Provider s responsibility to prove said response should be excluded in default of which it will be included. With respect to Emergency Responses, Excluded Responses for purposes of response time calculation, are as follows:
Faulty address-match data from the 911 computers or incorrect or insufficient information from the caller.
Responses which occur during periods of abnormally severe weather conditions that could reasonably be expected to substantially impair response time performance.
Unusual road conditions which could reasonably be expected to impair response times. Ongoing major road-construction projects shall not constitute unusual road conditions .
Prank calls.
Excess runs which occur during periods of unusual system overload. Unusual system overload is defined as a period of time during which more than five (5) emergency calls are simultaneously in progress within Ouachita Parish. Excess runs are those responses after the fifth emergency call during an unusual system overload.
Responses during a declared disaster, locally, or in a mutual aid jurisdiction that has requested assistance from Provider upon approval from the ambulance advisory committee.
Any response after the first response in cases of multiple-response incidents (i.e., where more than one ambulance is sent to the same incident).
Delayed response due to potentially hazardous scenes or in which access is restricted by public safety personnel.
The Provider must agree that it will at all times have a responsibility to respond as soon as possible even in the face of excluded response times.
There shall be no Excluded Responses with respect to Non-Emergency Responses.
(P) Response Time Penalty: If the Provider fails to meet the response time thresholds set forth by this Ordinance or established as part of the Operations Contract on emergency or non-emergency calls during any month, the Provider may be assessed - such penalties as set forth by this Ordinance or established as part of the Operations Contract.
Response time will be measured for calculations and assessment of penalties on a monthly basis. Should Provider fail to meet response times monthly within any areas as defined in this section, prior to any penalty being assessed, Provider shall be afforded an opportunity to be heard before the Advisory Board to show good cause as to why said penalties should not be imposed. If, in the discretion of the Board, Provider demonstrates good cause, the Board shall have the discretion to waive and/or reduce the penalties. Furthermore, if Provider repeatedly fails to adhere to the response time standards for either Emergency on Non-emergency responses stated in this section, that failure shall constitute grounds for the termination of the License with Provider.
(Q) Corporate Citizenship: The Provider must agree, when available, to provide ambulance stand-by at no charge for high school and college football games within Ouachita Parish. Provider must also agree, when available, to provide such other stand-by service as is requested by a local emergency response agency for emergency events such as haz-mat calls, structure fires, rescue calls, bomb threats, drug raids, etc. at no charge to the requesting public service agency.
(R) Maintenance of Vehicles: All ambulances shall at all times be adequately maintained, serviced and mechanically sound. Provider shall maintain maintenance records that may be inspected by the Advisory Board as requested. Provider shall maintain a full-time maintenance facility in order to serve, inspect and /or repair its ambulances.
(S) Vehicle Locating System: Each ambulance provided must be equipped with real time Global Positioning Satellite (GPS) or equivalent technology and Provider must maintain all necessary licenses, permits, etc. necessary pursuant to any State, Federal, and local laws and regulations to enable Provider to operate said system.
(T) Ouachita Parish Police Jury, for purposes of any License with a sole Provider for emergency medical services, will agree as follows:
Ouachita Parish Police Jury will instruct and inform all interested parties (such as but not limited to 911 director, etc.) that Provider will be the exclusive ambulance service for all emergency (911 and other) and non-emergency ambulance transportation within the unincorporated areas of Ouachita Parish.
Ouachita Parish Police Jury shall take all steps reasonable and necessary (including criminal prosecution) to prevent any unauthorized operation of ambulance service within Ouachita Parish during the term of any License. Unauthorized operation of an ambulance service is the situation where both the origin and the destination of the service take place in Ouachita Parish without the operator having a License to provide such ambulance service.
Ouachita Parish Police Jury will enforce all laws, rules, regulations and ordinances governing unauthorized ambulance operation within its jurisdiction.
Ouachita Parish Police Jury will acknowledge that any unauthorized operation (by other than the Sole Provider of ambulance service under License with Ouachita Parish Police Jury) will cause financial harm to Provider such that Provider may seek any appropriate relief against such other person/entity, including injunctive relief.
(U) Termination by Ouachita Parish Police Jury: Each of the following acts, omissions or occurrences shall constitute an Event of Default entitling Ouachita Parish Police Jury to terminate any such sole Provider License issued pursuant to this Ordinance:
Provider shall violate, in any material way, any provision of this Ordinance, the Operations Contract contemplated by this Ordinance, or of any State or Federal law or regulation governing any aspect of ambulance service;
Provider shall cease doing business as a going concern;
Provider shall attempt to transfer the License issued pursuant to the Ordinance or the Operations Contract entered into hereunder to another ambulance provider without the prior written approval of OCOG.
Provider s financial reports to the Advisory Board demonstrate financial instability or insolvency;
Provider shall commence a voluntary case or other proceeding in bankruptcy or seek liquidation, reorganization, arrangement, readjustment of its debts or for any other relief under the federal bankruptcy laws, as now existing or as may be amended from time to time, or under any other insolvency act or law, state or federal, now or hereinafter existing, or shall take any other action indicating its consent to, approval, or acquiescence in any such case or proceeding; Provider shall apply for, or consent to or acquiesce in, the appointment of a receiver, liquidator, custodian, sequestration, or a trustee for all or a substantial part of its property; Provider shall make an assignment of a substantial portion of its assets for the benefit of its creditors; Provider shall fail, or shall admit in writing its failure to pay its debts generally as such debts become due, or;
There shall be filed against Provider an involuntary petition in bankruptcy or seeking liquidation, reorganization, arrangement, readjustment of its debts or any other relief under the federal bankruptcy laws, as now existing or as may be amended from time to time, or under any other insolvency act or law, state or federal, now or hereafter existing, or a receiver, liquidator, custodian, sequestration, or trustee of Provider for all or a substantial part of its property shall be appointed without the consent or approval of Provider or a warrant of attachment, execution or similar process against any substantial part of the property of Provider is issued; and the continuance of any such event or events for thirty (30) days undismissed or undischarged or within such thirty (30) days, the entering of an order for relief under the United States Bankruptcy Code.
In the event the License issued to a sole provider of Ambulance Services pursuant to this Ordinance is terminated due to an event of Default as set forth above, the Ouachita Parish Police Jury shall have a claim against the Performance Bond (or other acceptable security) posted by the Provider for all damages suffered by the Ouachita Parish Police Jury as a result of such Event of Default and termination, including but not limited to the costs of obtaining or providing the ambulance services to have been provided by the Provider during the term of the exclusive license.
(V) Termination by Provider: Provider will be entitled to terminate any License hereunder concerning the provision of ambulance services upon the occurrence of an Event of Default as hereinafter set forth:
Failure of the Ouachita Parish Police Jury to have the requisite authority to enter into the License, or to enact the necessary Ordinances to authorize the License for ambulance services;
Failure by Ouachita Parish Police Jury, by its own fault, to observe or perform any covenant, warranty, term or provision of this Ordinance related to the License;
The intentional allowance of any additional ambulance service to operate within the jurisdiction of Parish during any term of the License.
(W) Mutual Termination: Provider and Ouachita Parish Police Jury may mutually agree to terminate any such License without cause by either party giving the other one hundred eighty (180) days prior written notice.
(X) Right to cure: The failure to comply with the terms of this Ordinance shall render the License voidable at the discretion of the non-violating party, provided, however, that the other party is given ninety (90) days advanced notice of the intent to terminate the License and is given sixty (60) days to remedy any default.
(Y) Indemnification: Provider will indemnify, hold harmless and defend the Ouachita Parish Police Jury, the Advisory Board, OCOG and their representatives, officers, agents, servants and employees, from and against any and all liability, suits, actions, legal proceedings, claims, demand, damages, costs, expenses and attorney s fees arising out of or in any way concerning or incident to any work done by Provider in the performance of ambulance service under the License or arising out of any willful or negligent act or omission of Provider, its officers, agents, servants and employees (including any such individual acting contrary to the conditions of the License).
(Z)Agreement, Modification and Governing Law:
1) Force Majeure: Provider s performance of its obligations under the License shall be excused in the event and during the period that such performance is prevented by the following: acts of God; acts of war, riot, accident, flood, storm, hurricane or sabotage; unavailability of adequate fuel, power or materials; judicial or governmental laws, regulations, requirements, orders or actions; injunctions or restraining orders which are ultimately determined to have been wrongfully granted; the failure of any governmental body to issue or grant, or the suspension or revocation of, licenses, permits or other approvals or authorizations necessary for the performance of the services contemplated by such License; or national defense requirements.
2) Governing Law: Any License issued hereunder shall be governed by and construed in accordance with the laws of the State of Louisiana.
3) Partial Enforceability: If any provision of this Ordinance, or the application of any provision to any entity or circumstance shall be held invalid, the remainder of this Ordinance, or the application of that provision to entities or circumstances other than those with respect to which it is held invalid, shall not be affected thereby.
ARTICLE IV. Miscellaneous Provisions.
Section 1. Repeal.
All existing provisions of the Ouachita Parish Code of Ordinances, Chapter 2 ? ( Ambulances ), are hereby specifically repealed and superceded by this Ordinance.
Section 2. Validity of Licenses Under Prior Ordinance.
Upon the effective date of this ordinance any license or permit for non-emergency ambulance service in Ouachita Parish then in effect shall terminate as of the expiration date set forth on said license or one hundred twenty days following the issuance of a new license, whichever is latest.
Section 3. Applicability of Ordinance.
It is the intent of this ordinance to regulate ambulance service within Ouachita Parish and to provide for a sole and exclusive provider of ambulance service for Ouachita Parish. This Ordinance is further intended to preclude any public safety department in Ouachita Parish (fire, police, etc.) from operating or providing ambulance services or other medical transportation services except under the exclusions set forth herein. However, this Ordinance shall not be interpreted to prohibit, preclude, impede or discourage the emergency medical services provided by the public safety departments within Ouachita Parish.
SECTION TWO
The provisions of this Ordinance shall become effective upon the adoption of like provisions by the City of West Monroe and the City of Monroe, and the execution of a local services agreement and/or cooperative endeavor agreement referred to in Article I, Section 5 of Section One of this Ordinance.
SECTION THREE
If any section, paragraph, sentence clause and/or phrase of this Ordinance or the application thereof is declared unconstitutional, unenforceable or invalid by the final Judgment of any Court of competent jurisdiction such unconstitutionality, unenforceability, or invalidity shall not affect the remaining sections, paragraphs, sentences, clauses and/or phrases of this Ordinance, since the same would have been enacted by the Ouachita Parish Police Jury without the incorporation into this Ordinance of any such unconstitutional, unenforceable or invalid section, paragraph, sentence, clause or phrase. To that end, the provisions of this Ordinance are hereby declared severable.
The above Ordinance was introduced on the 6th day of November, 2006.
The Ordinance was submitted to a rollcall vote, and the vote thereon was as follows:
YEAS:(6) Mr. Paul Hargrove, District A; Mr. Mack Calhoun, District B; Mr. Walt Caldwell, District C; Mr. Dorth Blade, District D; Ms. Kim Golden, District E; and Mr. King Dawson, District F.
NAYS: (0)
ABSTAIN: (0)
ABSENT: (0)
The above Ordinance was adopted on the 20th day of November, 2006.
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Ms. Golden asked that the Minutes reflect a commendation by the Ouachita Parish Police Jurors to Mr. Mitchell for his services in putting this ordinance together, in working with all the different jurisdictions, in educating himself well in this area of the law, and in clarifying the regulation of ambulances in Ouachita Parish.
Motion was offered by Mr. Blade, seconded by Mr. Dawson to adopt the Minutes of the Personnel Committee meeting held on November 6, 2006.
Motion adopted. Ms. Golden abstained.
Motion was offered by Mr. Blade, seconded by Mr. Calhoun to approve the purchase of a Van by the Ouachita Parish Library.
Motion adopted. No opposition.
The following Resolution was offered by Mr. Blade, seconded by Mr. Dawson:
RESOLUTION NO. 06-67
A RESOLUTION AUTHORIZING THE PURCHASE OF A CERTAIN 2.26 ACRE TRACT FOR AND IN CONSIDERATION OF THE SUM OF THIRTY FIVE THOUSAND AND NO/100 ($35,000.00) DOLLARS AND THE PURCHASE OF A CERTAIN 1.75 ACRE TRACT FOR AND IN CONSIDERATION OF THE SUM OF TWENTY-FIVE THOUSAND AND NO/100 ($25,000.00) DOLLARS, BOTH TRACTS LOCATED IN H. B. ZEIGLER SUBDIVISION, HIGHWAY 165 BY-PASS, FOR THE ESTABLISHMENT OF A SOUTHEAST OUACHITA BRANCH LIBRARY; AND FURTHER PROVIDING WITH RESPECT THERETO.
WHEREAS, the population growth in southeast Ouachita Parish requires that a branch library be established there to serve the needs of the citizens;
NOW, THEREFORE:
BE IT RESOLVED by the Ouachita Parish Police Jury in legal and regular session that the purchase of that certain 2.26 acre tract for and in consideration of the sum of Thirty-five Thousand and No/100 ($35,000.00) Dollars, and the purchase of that certain 1.75 acre tract for and in the consideration of the sum of Twenty-five Thousand and No/100 ($25,000.00) Dollars, located in H. B. Zeigler Subdivision, Highway 165 By-Pass, for the establishment of a Southeast Ouachita Branch Library be and hereby is approved.
BE IT FURTHER RESOLVED that the President be and hereby authorized and empowered to execute said Act of Sale on behalf of the Ouachita Parish Police Jury.
The above Resolution was adopted on the 20th day of November, 2006.
* * *
Ms. Golden had no items on the agenda.
The following Resolution was offered by Mr. Dawson, seconded by Mr. Hargrove:
RESOLUTION NO. 06-65
A RESOLUTION APPROVING THE AD VALOREM TAX EXEMPTION FOR MONROE DEVELOPMENT, LLC/VANTAGE HEALTH PLAN, INC. REGARDING THE RENOVATION OF A HISTORIC STRUCTURE LOCATED AT 130 DESIARD STREET, MONROE, LOUISIANA; AND FURTHER PROVIDING WITH RESPECT THERETO.
WHEREAS, under LSA-R.S. 47:4311-4319, an application for a limited ad valorem tax exemption is required to be reviewed by the local governing authority prior to approval thereof; and
WHEREAS, the application for a limited ad valorem tax exemption of the building known as the ONB Building, will greatly enhance the economic development of downtown Monroe.
NOW, THEREFORE:
BE IT RESOLVED by the Ouachita Parish Police Jury in legal and regular session that that certain application under the Restoration Tax Abatement Program by Monroe Development, LLC/Vantage Health Plan, Inc., dated October 26, 2006 regarding the contract application under the Restoration Tax Abatement Program for the building known as the ONB Building be and hereby is approved.
The above Resolution adopted on the 20th day of November, 2006. No opposition.
* * *
Mr. Mitchell stated that the application regarding the above resolution is under a state law and provides that when someone renovates or improves a building in a downtown or a historical district, advantage can be taken of having the assessed value of that property frozen for five years at the value in the year prior to the beginning of the renovation.
The following Resolution was offered by Mr. Dawson, seconded by Mr. Caldwell:
RESOLUTION NO. 06-66
A RESOLUTION APPOINTING BRUCE BRYAN TO THE PRAIRIE ROAD WATER DISTRICT BOARD OF COMMISSIONERS; AND FURTHER PROVIDING WITH RESPECT THERETO.
WHEREAS, Bruce Bryan, 490 Kincaid Road, Monroe, Louisiana 71202 has expressed a desire to serve on the Prairie Road Water District Board of Commissioners.
NOW, THEREFORE:
BE IT RESOLVED by the Ouachita Parish Police Jury in legal and regular session that Bruce Bryan, 490 Kincaid Road, Monroe, Louisiana 71202 be and hereby is appointed to the Prairie Road Water District Board of Commissioners, said term to be for a period of three years beginning November 20, 2006 and ending on November 20, 2009.
The above Resolution was adopted on the 20th day of November, 2006. Mr. Blade abstained.
* * *
The following applications for Beer and Whiskey license had been received for this time period:
1) WAGNON, MICHAEL DBA LOUISIANA DISCOUNT TOBACCO, INC., 106 Smith Street, West Monroe, Louisiana 71292 (1015 North Pointe Circle, Shreveport, Louisiana 71106) Ward 5, Class B Beer, Class D Whiskey, RENEWAL.
2) SAVANNA, RITA AND SAVANNA, SCOTT DBA HOB NOB, INC., 5076 Cypress Street, West Monroe, Louisiana 71291 (301 Stan Wall Road, West Monroe, Louisiana 71291) Ward 5, Class A Beer, Class C Whiskey, Class R Restaurant, RENEWAL.
3) MCDONALD, KEMMY D. DBA WASHINGTON STREET U-PAK-IT, 500 Washington Street, West Monroe, Louisiana 71292 (121 Northwood Circle, West Monroe, Louisiana 71291) Ward 5, Class B Beer, RENEWAL.
4) GARVIN, RANDALL DBA RANDALLS, 305 Finks Hideaway Road, Monroe, Louisiana 71203 (431 Joe White Road, Monroe, Louisiana 71203) Ward 2, Class B Beer, Class D Whiskey, RENEWAL.
5) MCMILLON, JOHNNY EUGENE DBA MCMILLONS GROCERY, 629 Highway 3033, West Monroe, Louisiana 71292 (128 Frantom Chapel Road, Eros, Louisiana 71238) Ward 8, Class B Beer, RENEWAL.
6) LAFORGE, ROBIN D. DBA NIBOR, INC. DBA CHENIERE SHACK, 7975 Cypress Street, West Monroe, Louisiana 71291 (171 Chimney Hill, West Monroe, Louisiana 71291) Ward 5, Class A Beer, Class C Whiskey, Class R Restaurant, RENEWAL.
7) DUCHESNE, GARY DBA DUCHESNE GROCERY, 1527 Prairie Road, Monroe, Louisiana 71202 (1513 Prairie Road, Monroe, Louisiana 71202) Ward 4, Class B Beer, RENEWAL.
8) CHRISTY, RANDALL E. DBA CHRISTY S SHORTSTOP, 149 G. B. Cooley Road, West Monroe, Louisiana 71291 (318 East Puckett Lake Road, West Monroe, Louisiana 71292) Ward 5, Class B Beer, Class D Whiskey, RENEWAL.
GLOVER, DORWAYNE, JR.
DBA HART S CORNER, 4268 Highway 139, Monroe, Louisiana 71203 (162 Rowland Drive, Monroe, Louisiana 71203) Ward 2, Class B Beer, RENEWAL.
10) DUPREE, MARTHA DBA THE ARENA BILLARDS, BAR AND GRILL, 1411 Thomas Road, West Monroe, Louisiana 71292 (1244 Pine Bluff Road, Columbia, Louisiana 71418) Ward 5, Class A Beer, Class C Whiskey, RENEWAL.
11) SMITH, JAMES A. DBA CLASSIC FOODS, 610 Smith Street, West Monroe, Louisiana 71292 (610 Smith Street, West Monroe, Louisiana 71292) Ward 5, Class B Beer, Class D Whiskey, RENEWAL.
12) NORTON, RANDALL G. DBA GOOD HOPE HANDY MART, 1800 Arkansas Road, West Monroe, Louisiana 71291 (302 Comanche Trail, West Monroe, Louisiana 71291) Ward 5, Class B Beer, Class D Whiskey, RENEWAL.
13) BATTAGLIA, KATHY DENISE DBA OUR PLACE LOUNGE, 1903 Highway 80 East, Monroe, Louisiana 71203 (1713 Highway 80 East #1, Monroe, Louisiana 71203) Ward 2, Class A Beer, Class C Whiskey, RENEWAL.
Motion was offered by Mr. Blade, seconded by Mr. Calhoun to approve items 1-13 submitted, as recommended by Mr. Jay B. Mitchell, Assistant District Attorney.
Motion adopted. Mr. Dawson abstained.
Mr. Brad Cammack, Treasurer, requested the approval of the donation of 80 hours of annual leave and an additional 80 hours of sick leave balances from Pattti Robideaux to Chuck Koehler.
Motion was offered by Mr. Hargrove, seconded by Mr. Calhoun to approve the donation of 80 hours of annual leave and an additional 80 hours of sick leave balances from Pattti Robideaux to Chuck Koehler.
Motion adopted. No opposition.
Mr. Cammack stated that no bids were received on the herbicide spray bids on November 2, 2006 and that the matter had been re-advertised. Mr. Cammack stated that he will keep the Police Jury informed regarding this matter.
Mr. Cammack commended Mr. Caldwell for the manner in which he conducted the Regular Police Jury meeting held on November 6, 2006.
Mr. Jay B. Mitchell requested that the Police Jury amend the agenda to take up a matter that was not listed.
Motion was offered by Ms. Golden, seconded by Mr. Blade that pursuant to the provisions of LSA-R.S. 42:7, which provides that upon approval of two-thirds of the members present, that at a meeting of a public body, the public body may take up a matter NOT on the Agenda, that discussion of the application of Elmwood Estates, LMF 06-15 from the Louisiana Housing Finance Agency be added to the Agenda.
Motion adopted. No opposition.
Motion was offered by Ms. Golden, seconded by Mr. Blade to approve the jurisdictional support for the application of Elmwood Estates, LMF 06-15 from the Louisiana Housing Finance Agency for rehabilitation of an existing development.
Motion adopted. No opposition.
Mr. John Tom Murray, Director of Public Works, presented a Final Subdivision Approval for Cotton Bayou Subdivision, Units 1 and 2.
After discussion, motion was offered by Mr. Blade, seconded by Mr. Dawson to grant Final Subdivision Approval to Cotton Bayou Subdivision, Units 1 and 2, subject to the comments of Mr. Don Harrison, Consulting Engineer in his letter dated November 20, 2006.
Motion adopted. No opposition.
Mr. John Tom Murray presented a Sketch Plan Approval for Autumn Valley, Unit 1 and recommended that the Police Jury deny same.
Motion was offered by Mr. Hargrove, seconded by Mr. Caldwell to deny Sketch Plan Approval to Autumn Valley, Unit 1, as recommended by Mr. John Tom Murray, Director of Public Works.
Motion adopted. No opposition.
Mr. Murray updated the Police Jurors on the Uniform Building Code Compliance.
Mr. Murray spoke regarding upgrading the Permit Department to the Plan Review stage and informed the Police Jury that a class for a Plan Reviewer was being offered. Mr. Murray stated that he had an interested employee that desired to attend the class and that the costs for same, including the test, is $900.72.
Motion was offered by Mr. Dawson, seconded by Mr. Calhoun that pursuant to the provisions of LSA-R.S. 42:7, which provides that upon approval of two-thirds of the members present, that at a meeting of a public body, the public body may take up a matter NOT on the Agenda, that discussion of funding for an employee to attend a class and to take the test for a Plan Reviewer be added to the Agenda.
Motion adopted. No opposition.
Motion was offered by Mr. Dawson, seconded by Mr. Calhoun to approve the request of Mr. John Tom Murray to send an employee to attend a class and take a test for a Plan Reviewer, and that costs for same to be funded from General Fund.
Motion adopted. No opposition.
Mr. Murray updated the Police Jury regarding a meeting on the overview of what was happening in southwest Louisiana with a regional concept. Mr. Murray stated that there was not a move at present to develop a regional concept in this area.
Mr. Murray informed the Police Jury of a meeting to be held by the Police Jury Association on November 27, 2006 from 10:00 a.m.-12:00 noon at the Civic Center Complex in the Bayou Room regarding a new twist on the Building Code Compliance.
Mr. Don Harrison reported on bids on the Improvement of Sterling Avenue.
Mr. Caldwell abstained from any discussion in this matter.
PURSUANT TO PUBLIC NOTICE bids were received at 10:00 a.m. on November 20, 2006 in the Office of the Secretary-Treasurer of the Ouachita Parish Police Jury for Improvement of Sterling Avenue. Those present at the bid opening were Brad Cammack, Treasurer, Don Harrison, Consulting Engineer, and all interested parties. The bids were as follows, to-wit:
ITEM: IMPROVEMENT OF STERLING AVENUE
CONTRACTOR, BID
Amethyst Construction, Inc. $270,830.80
D & J Construction Co., Inc. $295,342.00
Diamond B Construction Co., Inc. No Bid
Motion was offered by Mr. Hargrove, seconded by Mr. Calhoun to accept the bid of Amethyst Construction, Inc. and award a construction contract for the Improvement of Sterling Avenue Project in the amount of $270,830.80, as recommended by Mr. Don Harrison, Consulting Engineer.
Motion adopted. Mr. Caldwell abstained.
Mr. Harrison spoke regarding the extension of Barr Lane and requested that the Police Jury allow him permission to develop a plan to connect the north end of Barr Lane to Laird Street; to prepare a potential cooperative endeavor agreement, and to present the proposal to the Jury at the December 4, 2006 Regular meeting.
After discussion, motion was offered by Mr. Hargrove, seconded by Mr. Blade to authorize Mr. Don Harrison to develop a plan to connect the north end of Barr Lane to Laird, and to prepare a potential cooperative endeavor agreement with Mr. Jay Mitchell s assistance.
Motion adopted. Mr. Caldwell abstained.
The President opened the meeting for public participation.
Mr. Steve Wells stated that he did not agree with the way the Glenwood issue was handled in that the Police Jurors did not keep the public informed.
Mr. Wells stated that the Police Jury should strongly consider getting Channel 17 back to record all of the Police Jury meetings.
There being no further business to come before this meeting, motion was offered by Mr. Dawson, seconded by Mr. Calhoun to adjourn this meeting.
Motion adopted. No opposition.
This meeting was adjourned at 7:45 p.m.
Sherry White, Recording Secretary
Walt Caldwell, President
Ouachita Parish Police Jury
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PROCEEDINGS OF THE POLICE JURY, PARISH OF OUACHITA, STATE OF LOUISIANA, TAKEN AT A SPECIAL CALLED MEETING HELD ON FRIDAY, NOVEMBER 17, 2006 AT THREE-THIRTY (3:30) P.M.
On Friday, November 17, 2006 at 3:30 p.m., Walt M. Caldwell, IV, President, announced that the Police Jury was not ready for the transaction of business and stated that the attorneys were on conference call at this time regarding the issues at hand. Mr. Caldwell advised that this Special Meeting would resume at 5:00 p.m.
The President resumed the Special Meeting at 7:44 p.m., Friday, November 17, 2006 and the Police Jury of the Parish of Ouachita, State of Louisiana met in special and legal session in the Ouachita Parish Police Jury Meeting Room, Courthouse Building, Monroe, Louisiana and Mr. Walt M. Caldwell, IV, President stated that the Police Jury was ready for the transaction of business.
Invocation was given by Mr. King Dawson. Pledge of Allegiance was led by Mr. King Dawson.
Members present: (6)
Mr. Paul Hargrove, District A
Mr. Mack Calhoun, District B
Mr. Walt Caldwell, District C
Mr. Dorth Blade, District D
Ms. Kim Golden, District E
Mr. King Dawson, District F
Members absent: (0)
Motion was offered by Mr. Calhoun, seconded by Mr. Blade to approve the Coordination Agreement between the Ouachita Parish Police Jury, the Hospital Service District No. 1, the Glenwood Regional Medical Center, Inc., and the Ward Five Healthcare Foundation that has been prepared by the attorneys for these parties and to authorize Mr. Caldwell to execute said agreement on behalf of the Ouachita Parish Police Jury, and that a copy of said Coordination Agreement be attached to these Minutes and made a part hereof.
Motion adopted. No opposition.
The following Resolution was offered by Mr. Calhoun, seconded by Mr. Blade:
RESOLUTION NO. 06-70
RESOLUTION APPROVING COORDINATION AGREEMENT BETWEEN HOSPITAL SERVICE DISTRICT NO. 1; GLENWOOD REGIONAL MEDICAL CENTER; WARD FIVE HEALTHCARE FOUNDATION; AND THE OUACHITA PARISH POLICE JURY; AND FURTHER PROVIDING WITH RESPECT THERETO.
WHEREAS, the Ouachita Parish Police Jury finds that the approval of the proposed Coordination Agreement between Hospital Service District No. 1; Glenwood Regional Medical Center; Ward Five Healthcare Foundation; and the Ouachita Parish Police Jury is in the best interests of the citizens of Ouachita Parish;
NOW, THEREFORE:
BE IT RESOLVED that the Ouachita Parish Police Jury hereby approves the proposed Coordination Agreement between Hospital Service District No. 1; Glenwood Regional Medical Center; Ward Five Healthcare Foundation; and the Ouachita Parish Police Jury;
BE IT FURTHER RESOLVED that the Ouachita Parish Police Jury hereby authorizes its President to execute such COORDINATION AGREEMENT.
The above Resolution was adopted on the 17th day of November, 2006. No opposition.
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The President opened the meeting for public participation.
Mr. Blake Wheelis requested a copy of the documents that were voted on by the Police Jury.
Mr. J. William Kight, 2909 Cameron Street, Monroe, Louisiana spoke to the Police Jury and stated that the negative publicity in this area must stop and that everybody must move forward.
Motion was offered by Mr. Calhoun, seconded by Mr. Dawson to adjourn this meeting.
Motion adopted. No opposition.
The meeting was adjourned at 8:02 p.m.
Sherry White, Recording Secretary
Walt M. Caldwell, IV, President |
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