1998-129-RES JOINT RESOLUTION NO. J98-003
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RESOLUTION NO. 98-129
JOINT RESOLUTION NO. J98-003
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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, Charles H.
Neeley, 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 }-'URTHER 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, Charles H. Neeley,
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 10th day of September, 1998.
ATTEST:
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Mattie Cunningham, City Clerk \
APPROVED AS TO FORM:
Scott P. Foster, City Attorney
APPROVED by the Commissioners Court of Lamar County, Texas, by adopting the above
Resolution on the M!h- day of s:~ , 1998.
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EMERGENCY MEDICAL SERVICES CONTRACT
STATE OF TEXAS )
)
COUNTY OF LAMAR )
KNOW ALL MEN BY THESE PRESENTS:
This contract is made and entered into this the 10th day of September, 1998, by and
between tl1e CITY OF PARIS, PARIS, TEXAS, a body politic, acting by and through its Mayor,
Charles H. Neeley, 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 al1d 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 ilie 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, and that each emergency medical service vehicle
shall be staffed with at least two emergency care attendants as required by Section 773.050,
EMERGENCY MEntCAL SERVICES CONTRACT. I)oge I
Fx.Hlsrr II
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.
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 tl1e Lamar County Sheriff's Office,
the Paris Police Department, and McCuistion Regional Medical Center ai1d St. Joseph's Hospital
and Health Care Center, 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, 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 S1. Joseph's Hospital and Health Care Center
EMERGENCY MEDICAL SERVICES CONTRACT. Page 2
in the 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 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 life threatening situation
exists.
8. CITY agrees, 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 ve,hicle 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, and to furnish a quarterly report
in the form of Exhibit A attached hereto.
to. 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.
EMERGENCY MEDICAL S~=RVICES CONTRACT - Page 3
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, 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 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 $15,679.69
monthly towards the estimated twelve (12) month term cost of $188,156.25. The first of said
monthly payments to be made on the 1st day of October, 1998, 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 tllrough September by an amount which will eliminate the overcharge
or will make up the deficiency.
EMERGENCY MEDICAL SERVICES CONTRACT - Ilage 4
16. This agreement shall be effective and the term thereof shall commence on the 1st
day of October, 1998, and shall expire on the 30th day of September, 1999.
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)
$325.00 plus $4.00 per mile
from point of pickup within
Lamar County to point of
delivery
EMERGENCY MEmCAL SERVICES CONTRACT. Page 5
2. BASIC LI}'E
SUPPORT (BLS)
3. OUT OF LAMAR
COUNTY TRANSFER
SERVICE
4. TRANSFER SERVICE
5. RETURN TRIP
6. PERSONAL
PREFERENCE
TRANSFER SERVICE
7. STANDBY
$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
$200.00 plus $4.00 per mile
from point of pickup within
Lamar County to point of
delivery
$195.00 plus $4.00 per mile
from point of pickup to point
of delivery
$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
$300.00 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.
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
EMERGENCY MEDICAL SERVICES CONTRACT - I)age 6
and COUNTY agree tllat 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 tlle end of this contract, being September 30, 1999, COUNTY shall give written notice to the
CITY on or before June 1, 1999, 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, 1999, rates and contract price upon which it will
deliver service, and thereafter, on orbefore October 1, 1999, 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
By:
Charles H. Neeley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
Scott P. Foster, City Attorney
EMERGENCY MEnICAL SERVICES CONTRACT. I'age 7
ATTEST:
Kathy Marlowe, County Clerk
By:
EMERGENCY MEDICAL SERVICES CONTRACT. Ilage II
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