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2005-080-RES INTERLOCAL COOPERATION CONTRACT COUNTY OF LAMAR FOR COUNTYWIDE EMERGENCY MEDICAL SERVICES RESOLUTION NO. 2005-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF ANINTERLOCAL COOPERATION CONTRACT BETWEEN THE CITY OF PARIS AND. THE COUNTY OF LAMAR FOR COUNTY-WIDE 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 continue to provide emergency medical services to all areas of Lamar County, both inside and outside the city limits of Paris; and, WHEREAS, the form of the Emergency Medical Services Interlocal 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 should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: 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 provided by the City of Paris continue to be extended to all areas of Lamar County, State ofT exas, both inside and 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 Interlocal Cooperation Contract for providing such services, attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the Mayor of the City of Paris be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Emergency Medical Services Interlocal 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 11th day of July, 2005. ATTEST: APPROVED AS TO FORM: 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 pursuantto 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 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 _ day of ,2005, by and between the CITY OF PARIS, PARIS, TEXAS, a body politic, acting by and through its Mayor, Curtis Fendley, 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: 1. 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. Emeraency Medical Service. Contract. Page 1 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 rnedical service vehicles will be distinctly marked and colored as required by State law and City ordinances. The ernergency 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 Department of State Health Services 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 at the Mobile Intensive Care Unit level. 4, CITY agrees to provide State of Texas Certified EMT Certification and to possess an in-service training program agreement with the local hospital, 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 comrnunications to and from said emergency medical vehicles and central dispatch shall be in coordination with and by the knowledge of the Lamar County Sheriffs Office, the Paris Police Department, and Paris Regional Medical Center, with the 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 equiprnent shall be subject to inspection by designated representatives of the COUNTY, Emercency Mecllcal Service. Contract - Pac. 2 and, if at any time same are not in compliance with the provisions hereof, or if any emergency medical vehicle is in need of rnechanical repairs in order to insure its satisfactory operation, the said vehicle rnust 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, and that transfer emergency service, when directed by a medical doctor, will not be refused. 8. CITY agrees, at all tirnes 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. 9. CITY agrees to furnish the County Judge, Lamar County, an annual operating statement relating to revenues, expenses, call statistics, and the status 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 requirernents of CITY and COUNTY as may be in effect. 11, CITY agrees that during the term of this Contract it will have a minimum of three (3) emergency medical vehicles which rneet the emergency medical vehicle and equiprnent 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. In addition, CITY agrees to provide an emergency Bmercency Medical Service. Contract - Page 3 rescue tIuck properly staffed and equipped to respond to emergencies demanding the use of such a vehicle, in accordance with CITY's established protocols. 12. COUNTY agrees that CITY shall 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. For and in retum for the services provided by CITY hereunder, COUNTY agrees to pay during the first one (1) year term of this Agreement a fixed fee of $296,000,00, payable to the CITY in equal monthly payments of $24,667.00. The first of said monthly payments shall be made on the 1" day of October, 2005, with a like payment being made on the first day of each month thereafter. Said fixed fee shall remain fixed until September 30,2006. Comrnencing on October 1, 2006, and annually thereafter on each anniversary date of this Agreement, the amount payable by the COUNTY to the CITY shall be adjusted to reflect changes in the Consumer Price Index (CPI-U ALL) for the Dallas/Ft. Worth Metroplex Region 6 Bureau of Labor Statistics for each contract year, and the annual amount so adjusted shall then again be payable in twelve equal monthly payments. 15. In the event of circumstances beyond the CITY's control which measurably impact the CITY's ability to provide the level of service at the cost stated herein, such as industry-wide insurance cost increases of major magnitude, restoration of OPEC's pricing powers, substantial increases in fuel cost, significant decreases in federally adjusted reimbursements or other federally controlled payments, or other similar unforseen circumstances, the parties may mutually remedy such unforseen circumstances by Emeraency Medical Servic.. Contract - Pag_ 4 agreeing to an upward adjustment in the payments by COUNTY to CITY under paragraph 14 of this Agreement, or by mutually agreeing to a significant reduction in the 'scope of services provided by CITY hereunder. If the parties cannot mutually agree to such rernedies following thirty (30) days written notice by CITY to COUNTY of the need to invoke this paragraph 15 of the Agreement, then CITY rnay, at its sole discretion, following an additional sixty (60) days written notice to COUNTY, terminate this Agreement and the services hereunder, without recourse by COUNTY, 16. This agreernent shall be effective and the initial term thereof shall commence on the 1st day of October, 2005, and shall end on the 30th day of September, 2006, automatically renewable thereafter for two (2) additional one (1) year terms, ending fmally on the 30th day of September, 2008, unless extended or renewed as otherwise provided herein. 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 ernergency 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 collect the charges hereinafter set out in paragraph 19 from persons for ernergency medical services 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 ethical business practices. 19. It is understood and agreed that the initial charges for services rendered under the scope of this contract within the limits of the CITY and COUNTY shall be per patient, Emer.ency Medlca1 Service. Contract. Pa.. 5 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) EMERGENCY $500.00 plus $9.00 per mile from point of pickup to point of delivery 2, ADVANCED LIFE SUPPORT (ALS) EMERGENCY $450,00 plus $9.00 per mile from point of pickup to point of delivery 3. ADVANCED LIFE SUPPORT (ALS) NON-EMERGENCY $400.00 plus $9.00 per mile frorn point of pickup to point of delivery 4. BASIC LIFE SUPPORT (BLS) EMERGENCY 5, NON-EMERGENCY TRANSFER SERVICE 6. NON-EMERGENCY TRANSFER SERVICE RETURN TRIP 7, STANDBY $350.00 plus $9,00 per mile from point of pickup to point of delivery $220.00 plus $9,00 per mile from point of pickup to point of delivery $215,00 plus $9.00 per mile from point of pickup to point of delivery $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 custornary charge for medical supplies and service used or required in connection with emergency and non-emergency transfer service shall be made. CITY and COUNTY agree that during the three (3) year term of this Agreement, or thereafter if extended as provided herein, the CITY may, at its sole discretion and choice, increase the patient charges stated herein for the services rendered, provided such increases are irnplemented by official action of the City Council of the City of Paris, and provided further, that such charges apply equally to service inside and outside the city limits of the City of Paris. Emercency Medical 8etvlce. Contract ~ Page 6 20, It is agreed that, if any patient dies while en route to any hospital, the paramedic in charge shall deliver the body of such deceased person to the nearest , hospital and rernain there until a rnedical examiner or licensed medical doctor formally pronounces the subject dead. CITY and COUNTY agree that CITY will 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 or the CITY desires to discontinue emergency rnedical service at the end of this contract, being September 30, 2008, COUNTY or CITY shall give written notice to the other party on or before June 1, 2008, of its desire to terminate this Agreement and the services provided hereunder. If COUNTY or CITY fail to give timely written notice of termination and discontinuance of emergency medical service beyond the end of this contract, this contract shall continue in full force and effect, including additional CPl adjustments as provided in Paragraph 14 hereof, for additional consecutive one (1) year terrns, beginning October 1 of each year, until written notice of termination is given by either party by or before June 1 of the then current contract year. 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 govemrnental functions or services shall make the payments required thereof from current revenues available to the paying party. 24. This Agreement shall as of its effective date in all things replace and supercede any and all prior Agreernents between the parties, whether in writing or otherwise. Emera:ency Medical Servic.. COnt....ct - Paae 7 EXECUTED on the _ day of ,2005, CITY OF PARIS, PARIS, TEXAS By: ATTEST: Curtis Fendley, Mayor Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney COUNTY OF LAMAR By: M. Charles Superville, Jr" County Judge ATTEST: County Clerk Emel'lency MecUcal Service. Coatract - Page 8