1999-113-JOINT RESOLUTION J-99-001 EMERGENCY MEDICAL SERVICES CONTRACT
RESOLUTION NO. 99-113
JOINT RESOLUTION NO. J 99-001
WHEREAS, the City Council of the City of Paris has been requested by the County of
Lamar, State of Texas, to provide emergency medical services to that area of Lamar County
outside the city limits of the City of Paris; and,
WHEREAS, the form of the Emergency Medical Services Contract, attached hereto as
Exhibit A, should, in all things, be approved, and the Mayor Pro Tern of the City of Paris, Mary
Ann Fisher, and the County Judge of the County of Lamar, M. Charles Superville, Jr., should
be authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS AND THE
COMMISSIONERS COURT OF THE COUNTY OF LAMAR, that emergency medical
services be extended to that area of Lamar County, State of Texas, outside the city limits of the
City of Paris; and,
BE IT FURTHER RESOLVED, that the form of the Emergency Medical Services
Contract for providing such services, attached hereto as Exhibit A, be, and the same is hereby,
approved; and,
BE IT FURTHER RESOLVED, that the Mayor Pro Tern of the City of Paris, Mary Ann
Fisher, and the County Judge of the County of Lamar, M. Charles Superville, Jr., be, and they
are hereby, authorized and directed to execute, on behalf of the City of Paris and the County of
Lamar, respectively, the Emergency Medical Services Contract, under the terms and conditions
and in the form shown in Exhibit A, attached hereto.
PASSED AND ADOPTED this 9th day of September, 1999.
M~~r~r1:~
ATTEST: .
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Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
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e hanie H. Harris,
Assistant City Attorney
APPROVED by/he Commissioners Court of Lamar County, Texas, by adopting the above
Resolution on the ~ day of A4f-h..- dIJ.lA 1999.
ATTEST:
APPROVED AS TO FORM:
Lamar County Commissioner, Pct 1
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County CommissIOner, Pct 4
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J. Kerye Ashmore, County Attorney
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EMERGENCY MEDICAL SERVICES CONTRACT
STATE OF TEXAS
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
This conlract is made and entered into this the 9th day of September, 1999, by and belween
the CITY OF PARIS, PARIS, TEXAS, a body politic, acting by and through its Mayor Pro Tern,
Mary Ann Fisher, duly authorized, hereinafter called CITY; and the COUNTY OF LAMAR,
State of Texas, acting by and through its County Judge, M. Charles Superville, Jr., duly
authorized, hereinafter called COUNTY. The parties hereto hereby contract and agree as follows:
I. CITY covenants and agrees that it will furnish and provide adequate emergency
medical service vehicles and related emergency medical services to all persons within the County
of Lamar, without regard to race, color, sex, or national origin.
2. CITY covenants and agrees that it will comply with all safety requirements of the
law pertaining to the furnishing of emergency medical services and that all vehicles used as
emergency medical service vehicles will be distinctly marked and colored as required by State law
and City ordinances. The emergency medical service shall be referred to as "CITY OF I)ARIS
EMERGENCY MEDICAL SERVICE" and the vehicles used in providing said service shall bear
the City of Paris decal with the additional words "Serving PARIS and LAMAR COUNTY."
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3. CITY agrees that emergency medical service vehicle attendants will be certified by
the Texas State Department of Health under the terms of the Emergency Medical Services Act,
Chapter 773, Vernon's Texas Codes Annotated, and that each emergency medical service vehicle
shall be staffed with at least two emergency care attendants as required by Seclion 773.050,
I~MERGENCY MIWICAL SERVICES CON'fllAC'I' - l"ugl' 1
=~:.:;H8)T A
Subsection (a) of Chapter 773, Vernon's Texas Codes Annotated.
4. CITY agrees to provide State of Texas Certified EMT Certification and to possess
an in-service tfaining program agreement with one or both of the local hospilals, in compliance
with State of Texas continuing education requirements.
5. CITY agrees that each vehicle used as an emergency medical service vehicle shall
be equipped with a two-way radio which transmits and receives on frequencies designated by the
FCC. The radio communications to and from said emergency medical vehicles and central
dispalch shall be in coordination with and by the knowledge of the Lamar County Sheriff's Office,
the Paris Police Department, and McCuistion Regional Medical Center and Christus St. Joseph's
Health Systems, with each hospital furnishing its own radio equipment.
6. CITY agrees that all vehicles used for emergency service and the equipment
contained therein will meet or exceed requirements in accordance with the Health and Safety
Code, Chapter 773, and that all emergency medical vehicles and accessory equipment shall be
subject to inspection by designated representative of the COUNTY, and, if at any time same are
not in compliance with the provisions hcreof, or if any emergency medical vehicle is in need of
mechanical repairs in order to insure its satisfactory operation, the said vehicle must be removed
from service.
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7. CITY agrees that it will answer all emergency calls within the limils of the City and
County, that no person within the City and Countx shall be refused emergency service, that
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transfer emergency service, when directed by a medical doctor, will not be refused, and 10 deliver
patients to McCuistion Regional Medical Center and Christus St. Joseph's Heallh Systems in Ihe
EMmWENCY Mt(IlICAL SERVICES CONTRACT - t'llge 2
following manner:
(a) To the hospital that patient, his personal physician, or next of kin so designate, or
(b) To the nearest or most appropriate hospital from the point of pick up of the patient
when Ihe patient, his personal physician, or next of kin is nol able or available 10
make such determination, or
(c) To the nearest hospital from the point of pickup when life threatening situation
exists.
8. CITY agrees, at all times during the effective period of this conlract, to have
procured and kept in force and effect policy or policies of public liability insurance covering each
motof vehicle operaled under this contract in the minimum amounts of $250,000.00 for bodily
injury or death to anyone person and $500,000.00 for all persons injured in anyone accident or
occasion and $100,000.00 for property damages arising out of anyone accident or occasion.
9. CITY agrees to furnish the County Judge, Lamar County, an annual operating
statement relating to revenues, expenses, call statistics, and the stanIs of delinquent and
uncollectible accounts, and that all non-medical records of the services rendered under this
contract, and training and certification records of all employees, be available for inspection and
review by such County Judge, or his designated representative.
10. CITY agrees to operate the emergency medical service operation in accordance with
the requirements of State law and applicable requirements of CITY and COUNTY as may be in
effect.
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11. CITY agrees that it will have a minimum of two (2) emergency medical vehicles
EMEltGENCV MEUlCAL SERVICES CON'J'llAC'I' - I-age 3
which meet the emergency medical vehicle and equipment requirements as set out in paragraph
6 above, manned with a crew of two (2) personnel each, available to the citizens of the City and
County twenty-four (24) hours per day, seven (7) days per week.
12. COUNTY agrees that CITY be the exclusive sole and only provider of emergency
medical services in the County of Lamar.
13. COUNTY agrees that non-emergency transfer service from points within the City
or County to points inside or outside the County will be made at the prerogative of the CITY, and
that emergency medical service from points outside the County to any destination shall be made
at the prerogative of CITY and shall not be covered by this contract.
14. The COUNTY agrees to pay to the CITY forty per cent (40 %) of the actual net
cost of providing emergency and transfer ambulance service to be computed through the last day
of this contract on a cash basis, with the COUNTY making monthly payments of $15,059.00
monthly towards the estimated twelve (12) month term cost of $180,706.00. The first of said
monthly payments to be made on the 1st day of October, 1999, with a like payment being made
on the first day of each month thereafter.
15. In the event the charges paid by COUNTY are more than or less than the charge
that would have been made based on actual costs, the CITY will furnish calculations to COUNTY
during the month of January and COUNTY's monthly payments shall be increased or decreased
for the months of February through September by an amount which will eliminate the overcharge
or will make up the deficiency.
16. This agreement shall be effective and the term thereof shall commence on the 1st
EMERGENCY MEDICAL SERVICES CONTRACT - Page 4
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day of October, 1999, and shall expife on the 30th day of September, 2000.
17. It is further understood and agreed that neither the COUNTY nor any of its agents,
servants, or employees shall be considered to be in the business of providing emergency medical
service, and the relationship between the parties shall not be considered to be Ihat of a parlnership
or joint venture, and thai the status of the CITY shall be that of an independent contractor
providing services to the COUNTY and its inhabitants in exchange for the payment of amounts
herein set forth.
18. It is mutually understood and agreed between the parties thai the payments made
by the COUNTY to the CITY shall in no way affect the right of CITY to collect the charges
hereinafter set oul in paragraph 17 from pefsons for emergency medical service rendered, and it
is expressly understood and agreed that no one shall be entitled to free emergency medical service
under this contract, and diligent efforts shall be made to collect accounts outstanding in keeping
with good and elhical business practices.
19. It is understood and agreed that charges for services rendered under the scope of
this conlract within the limits of the CITY and COUNTY shall be per patient, per call, as follows:
(a) The following rates are established for emergency medical vehicle service for
residents and non-residents of Lamar County:
1.
MOBILE INTENSIVE
CARE UNIT (MICU)
$340.00 plus $4.50 per mile from point of
pickup within Lamar County to point of
delivery
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EttlEU.GENCV MlmICAJ.. SERVICES CONTRACT - I"age 5
2.
ADVANCED LIFE
SUPPORT (ALS)
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$290.00 plus $4.50 per mile from point of
pickup within Lamar County to point of
delivery
$375.00 plus $4.50 per mile from point of
pickup to point of delivery less than 125-mile
radius
$210.00 plus $4.50 per mile from point of
pickup within Lamar County to point of
delivery
$205.00 plus $4.50 per mile from point of
pickup to point of delivery
$525.00 plus $4.50 per mile from point of
pickup to point of delivery; and to point of
return outside Paris City Limits to point of
origin inside Paris City Limits beyond a
125-mile radius
$325.00 for the firsl hour and $60.00 for
each additional hour on an as-available, first-
request, first-served basis
(b) In addition to the eSlablished rates, a usual, reasonable, and cuslomary charge for
medical supplies and service used or required in connection with emergency and
non-emergency transfer serv ice shall be made.
3.
OUT OF LAMAR
COUNTY TRANSFER
SERVICE
20. It is agreed that, if any patient dies while en route to any hospital, the paramedic
4.
NON-EMERGENCY
TRANSFER SERVICE
in charge shall deliver Ihe body of such deceased person to the nearest hospital and remain there
5.
RETURN TRIP
until a medical examiner or licensed medical doctor formally pronounces the subject dead. CITY
6.
PERSONAL
PREFERENCE
TRANSFER SERVICE
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and COUNTY agree that CITY will not be required to transport any cadavers from any hospital.
7.
STANDBY
21. It is agreed that all calls for emergency medical service that are received by
COUNTY shall be referfed to the CITY OF PARIS AMBULANCE SERVICE opefated by
CITY.
EMElU;ENCY MEIHCAL SlmVICES CONTRACT -1)llge6
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22. In the event that the COUNTY desires to discontinue emergency medical service
at the end of this contract, being September 30, 2000, COUNTY shall give written notice to the
CITY on or before June I, 2000, of its desire to cancel service. If COUNTY fails to give notice
of discontinuance of emergency medical service beyond Ihe end of this contract, CITY will deliver
to COUNTY on or before August 31, 2000, rates and contract price upon which it will deliver
service, and thereafter, on or before October 1, 2000, COUNTY will execute the contract for
service for the additional term upon the same terms and conditions as stated herein.
EXECUTED on the 9th day of September, 1999.
CITY OF PARIS, PARIS, TEXAS
By:
Mary Ann Fisher, Mayor Pro Tern
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Stephanie H. Harris,
Assistant City Attorney
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COUNTY OF LAMAR
By:
El\'1E1WENCV MEDICAL SmtVICK~ CONTRACT - .Jllj:t! 7
ATTEST:
ounty Clerk
APPROVED AS TO FORM:
J. Kerye Ashmore, County Attorney
EMEn.GENCV MEI)JCAL SERVICES CONTRACT - l-age 8