11-A EMS ContractDRAFT
EMS Contract Res - 2004
September 13, 2004
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF
AN INTERLOCAL 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 a11 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 COLTNCIL 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 continue to be extended to all areas of Lamar
County, State of Texas, 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 13th day of September, 2004.
Curtis Fendley, Mayor
ATTEST:
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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
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, 2004, 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 COLTNTY. 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.
2. CITY covenants and agrees that it will comply with a11 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 COiJNTY. "
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,
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 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 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 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 equipment shall be
subject to inspection by designated representatives of the COiJNTY, 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, and
that transfer emergency service, when directed by a medical doctor, will not be refused.
8. CITY agrees, at a11 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 any one person and $500,000.00 for all persons injured in any one accident or
occasion and $100,000.00 for property damages arising out of any one accident or occasion.
9. CITY agrees to furnish the County Judge, Lamar County, an annual operating
statement relating to revenues, expenses, ca11 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 a11 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 COLTNTY 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 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 sha11 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 $17,834.50
monthly towards the estimated twelve (12) month term cost of $214,014.00. The first of said
monthly payments to be made on the lst day of October, 2004, 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 COiJNTY'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 lst
day of October, 2004, and sha11 expire on the 30th day of September, 2005.
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 sha11 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 COLTNTY 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 COiJNTY 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 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 sha11 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 COiJNTY sha11 be per patient, per ca11, 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 LTNIT (MICin
EMERGENCY
$450.00 plus $8.00 per mile
from point of pickup to point
of delivery
2. ADVANCED LIFE
SUPPORT (ALS)
EMERGENCY
3. ADVANCED LIFE
SUPPORT (ALS)
NON-EMERGENCY
4. BASIC LIFE
SUPPORT (BLS)
EMERGENCY
$400.00 plus $8.00 per mile
from point of pickup to point
of delivery
$350.00 plus $8.00 per mile from
point of pickup to point of delivery
$350.00 plus $8.00 per mile from
point of pickup to point of delivery
5. NON-EMERGENCY $220.00 plus $8.00 per mile
TRANSFER SERVICE from point of pickup to point of
delivery
6. NON-EMERGENCY $215.00 plus $8.00 per mile
TRANSFER SERVICE from point of pickup to point
RETURN TRIP of delivery
7. STANDBY $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.
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 a11 ca11s for emergency medical service that are received by
COUNTY shall be referred to the CITY OF PARIS AMBiTLANCE SERVICE operated by
CITY.
22. In the event that the COUNTY or the CITY desires to discontinue emergency
medical service at the end of this contract, being September 30, 2005, COUNTY or CITY sha11
give written notice to the other party on or before June 1, 2005, 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, 2005, rates and contract
prices upon which it will deliver service, and thereafter, on or before October 1, 2005, 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, 2004.
By:
ATTEST:
Sherian Dixon, Assistant City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
By:
ATTEST:
CITY OF PARIS, PARIS, TEXAS
Curtis Fendley, Mayor
COUNTY OF LAMAR
M. Charles Superville, Jr., County Judge
County Clerk