07-D EMS Contract
DRAFT
F:ATTORNEY\RESWORK\CURREN1\EMS Contract Res - 2005
July 5, 2005
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPRO VlN G AND A UTH 0 RlZIN G 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 ofT exas, 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 fmdings 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 0 fLamar 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 fonD 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 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 tenus and conditions and in the fonn 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.
Curtis Fendley, Mayor
ATTEST:
Janice Ellis, City Clerk
APPROVED AS TO FORM:
Larry W. Schenk, City Attorney
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EMERGENCY MEDICAL SERVICES
INTERLOCAL COOPERATION CONTRACT
STATE OF TEXAS
COUNTY OF LAMAR
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KNOW ALL MEN BY THESE PRESENTS:
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 - 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.
Emergency Medical Services Contract - PaCe 1
EXHIBIT ß..
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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 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 communications 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
equipment shall be su bj ect to inspection by designated representatives of the COUNTY,
Emergency Medical Services Contract - Page 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 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 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.
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 requirements 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 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. In addition, CITY agrees to provide an emergency
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rescue truck 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 return 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 1st 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. Commencing 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 maj or 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
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agreemg 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 remedies following thirty (30) days written notice by CITY to COUNTY of the need
to invoke this paragraph 15 of the Agreement, then CITY may, 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 agreement 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 finally
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
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 19 from persons for emergency 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,
Bmer¡ency Medical Services Contract - PaJe 5
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per call, as follows:
(a)
(b)
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 from
point of pickup to point of delivery
4.
BASIC LIFE
SUPPORT (BLS)
EMERGENCY
$350.00 plus $9.00 per mile from
point of pickup to point of delivery
5.
NON -EMERGENCY
TRANSFER SERVICE
$220.00 plus $9.00 per mile
from point of pickup to point of
delivery
6.
NON -EMERGENCY
TRANSFER SERVICE
RETURN TRIP
$215.00 plus $9.00 per mile
from point of pickup to point
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
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.
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 implemented 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.
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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 or the CITY desires to discontinue emergency
medical 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 CPI adjustments as provided in Paragraph 14 hereof, for
additional consecutive one (1) year terms, 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
con tract 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 governmental 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 Agreements between the parties, whether in writing or otherwise.
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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
Bmeraency MecUca1 Service. Contract - Pale 8
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