1997-100-RES WHEREAS, CITY COUNCIL HAS BEEN REQUESTED BY THE COUNTY OF LAMAR STATE OF TEXAS
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RESOLUTION NO. 97-100
JOINT RESOLUTION NO. J97-005
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 of the City of Paris, Eric S. Clifford,
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 of the City of Paris, Eric S. Clifford, 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 8th day of SePte~7.
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Eric S. Clifford, Mayor
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ATTEST:
Ma!ti~ Curmingham, City Clerk
S TO FORM:
APPROVED by the Commissioners Court of Lamar County, Texas, by adopting the above
Resolution on the ~ day of ()cHJblJu ,1997. _ I
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AS TO FORM:
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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 contract made and entered into this the 8th day of September, 1997, by and between
the CITY OF PARIS, Paris, Texas, a body politic, acting by and through its Mayor, Eric S.
Clifford, 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; 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.
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 State Department of Health under the terms of the Emergency Medical Services Act,
Chapter 773, Vernon's Texas Codes Annotated; 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 State 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.
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the Paris Police Department, and McCuistion and St. Joseph Hospitals, 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 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, and that no person within the City and County shall be refused emergency service, and
further agrees that transfer emergency service when directed by a medical doctor will not be
refused, and agrees to deliver patients to McCuistion and St. Joseph Hospital in the following
manner:
(a) To the hospital that victim, his person physician or next of kin so designate, or
(b) To the nearest hospital from the point of pick up of the victim when his personal
physician or next of kin cannot respond to the emergency medical vehicle director's
inquiry .
(c) To the nearest hospital from the point of pickup when life threatening situation
exists.
8. CITY agrees that at all 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.
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review by such County Judge or his designated representatives, and to furnish a quarterly report
in the form of Exhibit A attached hereto.
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.
11. CITY agrees that it will have a minimum of two (2) 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) men 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; 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 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 $17,332.00 monthly
towards the estimated 12 month term cost of $207,991.00. The first of said monthly payments
to be made on the 1 st day of October, 1997, 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
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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 collect 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 collect accounts outstanding in keeping
with good and ethical business practices.
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.
ADVANCED LIFE
SUPPORT (ALS)
2.
BASIC LIFE
SUPPORT (BLS)
3.
OUT OF LAMAR
COUNTY TRANSFER
SERVICE
4.
TRANSFER SERVICE
$300.00 plus $4.00 per mile
from point of pickup within
Lamar County to point of
delivery
$275.00 plus $4.00 per mile
from point of pickup within
Lamar County to point of
delivery
$350.00 plus $4.00 per mile
from point of pickup to point
of delivery
$185.00 plus $4.00 per mile
from point of pickup within
Lamar County to point of
delivery
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6.
PERSONAL
PREFERENCE
TRANSFER SERVICE
7.
CHILDREN'S
MEDICAL CENTER OF
DALLAS TRANSPORT
8.
STANDBY
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$500.00 plus $4.00 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
$200.00 fixed rate from local
hospital to Cox Field Airport
$300.00 for the first hour and
$60.00 for each additional
hour on an as-available, first-
request, first-serve 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.
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 remain there
until a medical 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 desires to discontinue emergency medical service
at the end of this contract, being September 30, 1998, COUNTY shall give written notice to the
CITY on or before June 1, 1998, 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 will deliver
to COUNTY on or before August 31, 1998, rates and contract price upon which it will deliver
service, and thereafter on or before October 1, 1998, COUNTY will execute the contract for
service for the additional term upon the same terms and conditions as stated herein.
CITY OF PARIS, PARIS, TEXAS
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ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
By:
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M~
owe, County Clerk
APPROVED AS TO FORM:
J. Kerye Ashmore, County Attorney
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COUNTY OF LAMAR
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EXHIBIT A
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RESOLUTION NO.
97 -099-A
WHEREAS, the City Manager of the City of Paris presented to the City Council, at
special session convened on the 29th day of August, 1997, the City Manager's proposed budget
which would require a tax rate increase in excess of 3 % to fund a balanced budget as required by
Section 59 of the Charter of the City of Paris; and,
WHEREAS, in accordance with Section 26.05 (d) of the Property Tax Code of the State
of Texas, a public hearing must be held at which the City Council must afford adequate
opportunity for proponents and opponents of the tax increase to present their views; and,
WHEREAS, an appropriate time and place for said public hearing is found to be the 22nd
day of September, 1997, at 6:00 p.m., in the City Council Chambers, City Hall, 135 1st Street
S.E., Paris, Texas; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that a
public hearing is called for the 22nd day of September, 1997, at 6:00 p.m., in the City Council
Chambers, City Hall, 135 1st Street S.E., Paris, Texas, for the purpose of hearing the views of
proponents and opponents of the tax increase required to fund and balance the City Manager's
proposed budget for fiscal year 1997-1998; and,
BE IT FURTHER RESOLVED, that the City Clerk of the City of Paris publish notice
of said public hearing in the Paris News on the 7th day of September, 1997, setting forth the time
and place of said public hearing, which public hearing date is no sooner than the seventh (7th) day
after said publication date.
PASSED AND ADOPTED this 4th day of September, 1997.
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Eric . Clifford, Mayor
ATTEST:
Mattie Cunningham, City Clerk
ttorney