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2000-134-RES APPROVING THE EXTENSION OF EMERGENCY RESOLUTION NO. 2000-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING THE EXTENSION OF EMERGENCY MEDICAL SERVICES TO THAT AREA OF LAMAR COUNTY, STATE OF TEXAS, OUTSIDE THE CITY LIMITS OF THE CITY OF PARIS; AUTHORIZING THE EXECUTION OF AN INTERLOCAL COOPERATION CONTRACT BETWEEN THE CITY OF PARIS AND THE COUNTY OF LAMAR FOR SUCH EMERGENCY MEDICAL SERVICES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. 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 Paris; and, WHEREAS, the form of the Emergency Medical Services lnterlocal Cooperation Contract, entered into pursuant to the provisions of Chapter 791 of the Texas Government Code, a copy of which is attached hereto as Exhibit A, should, in all things, be approved, and the Mayor of the City of Paris and the County Judge of the County of Lamar should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, AND THE COMMISSIONERS COURT OF THE COUNTY OF LAMAR: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That emergency medical services be extended to that area of Lamar County, State of Texas, outside the city limits of Paris. Section 3. That, pursuant to the provisions of Chapter 791 of the Texas Government Code, the form of the Emergency Medical Services lnterlocal Cooperation Contract for providing such services, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the Mayor ofthe City of Paris and the County Judge of the County of Lamar 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 lnterlocal Cooperation Contract, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 5. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 13th day of September, 2000. ATTEST: Mattie Cunningham, City Clerk - APPROVED AS TO FORM: ~~~ M~~~ APPROVED by the Commissioners Court of Lamar County, Texas, by adopting the above Resolution on the a3- day of {JUJJfJu, " , 2000. Lamar County Commissioner, Pct I IiIA ar County Commissioner, Pct 4 ATTEST: 4{(1T~ IhtfALoJJ( , Kathy M~lo7'founty Clerk ~~-JJM EMERGENCY MEDICAL SERVICES INTERLOCAL COOPERATION CONTRACT STATE OF TEXAS ) ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF LAMAR WHEREAS, Chapter 791 of the Texas Government Code authorizes local governmental entities, such as cities and counties, to contract for the performance of governmental services and functions by one governmental entity on behalf of another governmental entity in order to increase the efficiency and effectiveness of both local governments; and, WHEREAS, the City of Paris, Paris, Texas, and the County of Lamar, State of Texas, desire to enter into a contract pursuant to said Chapter 791 whereby the City of Paris will provide emergency medical services to that portion of Lamar County located outside of the city limits of the City of Paris, in return for a contribution by the County of Lamar to defray the cost of providing such emergency medical services; NOW, THEREFORE, This contract is made and entered into this the 13th day of September, 2000, by and between the CITY OF PARIS, PARIS, TEXAS, a body politic, acting by and through its Mayor Michael 1. Pfiester, 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. EMERGENCY MEDICAL SERVICES CONTRACT - Page I EXHIBIT A 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 PARIS 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." 3. CITY agrees that emergency medical service vehicle attendants will be certified by the Texas Stale 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 Section 773.050, Subsection (a) of Chapter 773, Vernon's Texas Codes Annotated. 4. CITY agrees to provide Stale of Texas Certified EMT Certification and to possess an in-service training program agreement with one or both of the local hospitals, 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 dispatch 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. EMERGENCY MEDICAL SERVICES CONTRACT - Paie 2 6. CITY agrees that al1 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 al1 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 hereof, 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. 7. CITY agrees that it will answer all emergency calls within the limits of the City and County, that no person within the City and County shall be refused emergency service, that transfer emergency service, when directed by a medical doctor, will not be refused, and to deliver patients to McCuistion Regional Medical Center and Christus St. Joseph's Health Systems in the fol1owing 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 the patient, his personal physician, or next of kin is not able or available to make such determination, or (c) To the nearest hospital from the point of pickup when a life threatening situation exists. 8. CITY agrees, at aU times during the effective period of this contract, to have procured and kept in force and effect policy or policies of public liability insurance covering each motor vehicle operated 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. EMERGENCY MEDICAL SERVtCES CONTRACT - Page 3 9. CITY agrees to furnish the County Judge, Lamar County, an annual operating statement relating to revenues, expenses, caU statistics, and the status of delinquent and uncoUectible accounts, and that all non-medical records of the services rendered under this contract, and training and certification records of aU 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. II. CITY agrees that by the beginning of the term of this contract it will have a minimum of two (2) emergency medical vehicles and by the end of the term of this contract it will have a minimum of three (3) emergency medical vehicles 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 $29,198.16 EMERGENCY MEDICAL SERVICES CONTRACT - Pq. 4 monthly towards the estimated twelve (12) month term cost of $350,377.94. The first of said monthly payments to be made on the 1st day of October, 2000, 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 wil1 eliminate the overcharge or wil1 make up the deficiency. 16. This agreement shall be effective and the term thereof shall commence on the 1st day of October, 2000, and shall expire on the 30th day of September, 2001. 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 that of a partnership or joint venture, and that 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 that the payments made by the COUNTY to the CITY shall in no way affect the right of CITY to col1ect the charges hereinafter set out in paragraph 17 from persons 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 col1ect accounts outstanding in keeping with good and ethical business practices. EMERGENCY MEDICAL SERVICES CONTRACT - ....e 5 19. It is understood and agreed that charges for services rendered under the scope of this contract 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) $350.00 plus $5.00 per mile from point of pickup within Lamar County to point of delivery $300.00 plus $5.00 per mile from point of pickup within Lamar County to point of delivery $400.00 plus $5.00 per mile from point of pickup to point of delivery less than 125-mile radius $210.00 plus $5.00 per mile from point of pickup within Lamar County to point of delivery $205.00 plus $5.00 per mile from point of pickup to point of delivery $550.00 plus $5.00 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 first hour and $60.00 for each additional hour on an as-available, first- request, first-served basis (b) In addition to the established rates, a usual, reasonable, and customary charge for medical supplies and service used or required in connection with emergency and non-emergency transfer service shall be made. 2. ADVANCED LIFE SUPPORT (ALS) 20. It is agreed that, if any patient dies while en route to any hospital, the paramedic 3. OUT OF LAMAR COUNTY TRANSFER SERVICE in charge shall deliver the body of such deceased person to the nearest hospital and remain there 4. NON-EMERGENCY TRANSFER SERVICE 5. RETURN TRIP 6. PERSONAL PREFERENCE TRANSFER SERVICE 7. STANDBY EMERGENCY MEDICAL SERVICES CONTRACT - Page 6 until a medical examiner or licensed medical doctor formally pronounces the subject dead. CITY and COUNTY agree that CITY wil1 not be required to transport any cadavers from any hospital. 21. It is agreed that all calls for emergency medical service that are received by COUNTY shall be referred to the CITY OF PARIS AMBULANCE SERVICE operated by CITY. 22. In the event that the COUNTY desires to discontinue emergency medical service at the end of this contract, being September 30, 2001, COUNTY shall give written notice to the CITY on or before June I, 2001, of its desire to cancel service. If COUNTY fails to give notice of discontinuance of emergency medical service beyond the end of this contract, CITY wil1 deliver to COUNTY on or before August 31,2001, rates and contract price upon which it wil1 deliver service, and thereafter, on or before October I, 200 I, COUNTY will execute the contract for service for the additional term upon the same terms and conditions as stated herein. 23. The parties to this contract hereby covenant and agree that the amounts paid under this contract and pursuant to the terms hereof fairly and equitably compensate the performing party for the services or functions performed under the contract. Furthermore, the parties covenant and agree that each party paying for the performance of governmental functions or services shall make the payments required thereof from current revenues available to the paying party. EXECUTED on the 13th day of September, 2000. CITY OF PARIS, PARIS, TEXAS By: Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk EMERGENCY MEDICAL SERVICES CONTRACT - Page 7 APPROVED AS TO FORM: Larry W. Schenk, City Attorney By: ATTEST: Kathy Marlowe, County Clerk COUNTY OF LAMAR M. Charles Superville, Jr., County Judge EMERGENCY MEDICAL SERVlCFS CONlRACT - Page 8