1856 RES CITY COUNCIL AND COMMISSIONERS COURT JOINED IN JOINT SESSION ON MARCH 15 1978RESOLUTION N0. 1856 .
WHEREAS, the City Council of the City of Paris and the
Commissioners Court of Lamar County, in joint session convened, in
the Council Room, City Hall, Paris, Texas, at 5:15 P. M. , on March 15,
1978, did receive a request for approval of Addendum No. 2 to
Ambulance Service Contract dated June 9, 1975, between the City of
Paris, the County of Lamar and Cass Ambulance Service, Inc. ; and,
WHEREAS, said Addendum No. 2 would effect the transEer of
Cass Ambulance Service, Inc. 's obligations under such contract to
L. P. McCuistion Community Hospital; and,
WHEREAS, it is deemed in the best interest of the citizens of
Paris and Lamar County that such Addendum No. 2, in the form
attached hereto as Exhibit A, be, in all things, approved; NOW, THERE-
FORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS AND THE COMMISSIONERS COURT OF LAMAR COUNTY, in
joint session convened, that the Mayor of the City of Paris, James M.
Brunette, and the County Judge of Lamar County, Lester Crutchfield,
be, and they are hereby authorized and directed to execute Addendum
No. 2 to Ambulance Service Contract dated June 9, 1975, between the
City of Paris, the County of Lamar and Cass Ambulance Service, Inc. ,
upon the terms and conditions and in the form attached hereto as
Exhibit A, wherein L. P. McCuistion Community Hospital becomes a
substitute party for Cass Ambulance Service, Inc.
Passed and adopted this 15th day of March, 1978.
Jf \ /
i l ~ .
J~~s M. Brunette, Mayor
ATTEST:
, ,
~ 1 ~ r~ ~ ~ t ~
H. C. Gre~ne, City Clerk
.
- '`~..,r ~ rr
~r ~ `f i
f,,. ~ . . . f ` `~,F ~_...Y-`; ~
ster ~ C chfield; County Ju e,
1
Lamar County, ~'~xas .I
APPROVED AS 0 FORM:
~
T. K. Haynes, City ttorney
ADDENDUM NO. 2
TO AMBULANCE SERVICE CONTRACT
STATE OF TEXAS X
COUNTY OF LAMAR X
This addendum to ambulance service contract made
this 15th day of March, 1978, by and between the CITY OF
PARI.S, Paris, Texas, a body poli.ticr acting by and through its
Mayor, duly authorized, hereinafter called City; the COUNTY
OF LAMAR, STATE OF TEXAS, acting by and through its County
Judge, duly authorized, hereinafter called County; and L. P.
McCUISTION COMMUNITY HOSPZTAL, Paris., Texas, a non-profit
Texas corporata,on, acting by and through its Administrator,
duly authorized, hereinafter called Hospital, hereby contract
and agree as follows;
l. Hospital covenants and agarees that it will
furnish and provide adequate ambulance service and related
emergency service to all persons within the corporate limits
of Paris, Texas, and the County of Lamarr, caithout regard to
race, color, sex or nata.onal ori.gin,
2. Hospital covenants and agrees that it will
comply with all safety requirements of the law pertaining to
the furnishing of ambulance service and that all vehicles
used as ambulances wi,ll be distinctly max'ked and colored as
requi_red bX State Law and Citx Ordinances. The ambulance
service shall be referred to as "AMBULANCE SERVICE" and this
name shall be in letters at least twice as large in height
as any other name or wording on the vehicles.
EXHIBIT A
3. Hospital agrees that ambulance attendants will
be certified by the Texas State Department of Health under the
terms of the Emergency Ambulance Act; that each emergency
ambulance shall have the services of a driver and attendant,
one of whom has satisfactorily completed the Red Cross Advanced
First-Aid Course and the advanced State of Texas Emexgency
Attendant's Examination or who is qualified as an Emerqency
Medical Technician-Ambulance; that a11 attendants must complete
the course of study of the Emergency Medical Technician (EMT)
basic training course wzthin six months from date of employment;
that all persons driving equipment used as ambulances must have
a valid State of Texas Chauffeur's License.
4• Hospital agrees that each vehicle used as an
ambulance shall be equipped with a two-way radio which transmits
and receives on frequencies designated by the FCC and the radio
cammunications to and from said ambulances and the central dis-
patch emergency vehicles in coordination with and by the
knowledge of the Lamar County Sheriff's Office and the Paris
Police Department and McCuistion and St. Joseph, each hospital
furnishing its own radio equipment.
5. City and Caunty agree that Hospital shall be
allowed to use existing frequencies and base station equipment
which is available at the Paris Fire Department and Paris
Police Department to establish remote stations for the purpose
of establishing normal communications with the Paris Police
Department, Paris Fire Department, Lamar County Sheriff,
McCuistion and St. Joseph (each hospital to furnish its own
radio equipment) and mobile ambulance units as required by
Hospital.
6. Hospital agrees that all vehicles used for
emergency sezvice will meet or exceed the cuzrent list of
minimal equipment required by the Texas State Health Depart-
ment for A,mbulance Licensing and that all aznbulances and
accessory equipment shall be subject to inspection by desig-
nated representatives of the City and County and .if at any
time same are not in compliance with the proVisions hereof,
or if any ambulance is in need of mechanical zepairs in order
to insure its satisfactory operation, the said vehicle must
be removed from service.
7. Hospital 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 personal
physician, or next of kin, so designate; or
(b) To the nearest hospital from the acci-
dent site of the victim, when his personal physician
or next of kin cannot respond to the ambulance
director's inquiry.
8. Hospital 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 insur-
ance covering each motor vehicle operated and to be operated
under this contract in the minimum amounts of $100,000.00 for
bodily injury or death to any one person and $300,000.00 for
all persons injured in any one accident or occasion and
$25,000.00 for property damages arising out of any one accident
or occasion.
9. Hospital agrees to furnish the County Judge,
Lamar County, and the City Manager, City of Paris, an annual
operating statement relating to revenues, expenses, call
statistics and the status of delinquent and uncollectable
accounts and that all non-medical records of the services
rendered under this contract be available for inspection and
review bX such County Judge and City Manager or their desig-
nated xepresentatives and to furnish St. Joseph each month
statistics on number af emergency calls and their dis-
position.
10. Hospital agrees to operate the ambulance
operation in accordance with the requirements of State Law and
applicable requirements of City and County as may be in effect
at this time.
11. Hospital agrees that it will not solicit
business of any type for any person, firm or organization
while rendering ambulance service to the patients.
12. Hospital agrees that it will have a minimum
of three ambulances manned with a crew of two men each
available to the citizens of the City and County from 8 a. m.
to 6 p. m. on a seven days per week basis and a minimum of two
ambulances with a crew of two men each available from 6 p. m.
to 8 a. m. on a seven day per week basis with the third ambu-
lance on stand-by; that ambulances will be located in a
reasonably accessible area of the City with all such active
service ambulances and their crews to be at a location approved
by City and County and will be located at either St. Joseph,
McCuistion, fire station, poli.ce station or reasonably access-
ible area of the City and County agreeable to the parties con-
cerned.
13. City and County agree that non-emergency
txansfer service from points within the City or County to
points outside the County shall be made at the prexogative
of and by the good judgment of Hospital; that ambulance
service from points outside the county to any destination
shall be made at the prerogative of Hospital and shall not
be covered by this contract,
14. The City and County agree to pay to Hospital
the annual sum of $66,000.00 which is $5,500.00 per month and
the annual amount to be paid by the City and County to Hospital
shall be made in twelve equal monthly installments, the first
of which is to be made on the first day of the month next
following the first full month of operation under the contract,
and shall be made on the first day of each month thereafter.
15. This agreement shall be effective and the
term thereof shail commence on the lst day of April, 1978, and
shall expire on the 31st day of August, 1979.
' 16. It is agreed that the City and County shall
not be liable for any expenses incurred in the operation and
maintenance of said ambulance service.
17. Tt is further understood and agreed that
neither the City or County nor any of their agents, servants
or employees shall be considered to be in the business of pro-
viding ambulance service, and the relationship between the
parties shall not be considered that of a partnership or joint
venture and that the status of Hospital shall be that of an
independent contractor providing services to the City and
County and its inhabitants in exchange for the payment af
amounts herein set forth.
of 90 cents per mile plus base rate of $30.00
(mileage one way).
20. It is agreed that if any patient dies while
enroute to either hospital, the ambulance driver shall deliver
the body of such deceased person to the nearest hospital,
unless otherwise directed by responsible parties, until a
medical examiner or licensed medical doctor formally pronounces
the subject dead. Hospital agrees that it will not transport
any cadavers from any hospital.
21. It is agreed that all calls for ambulance
service that are received by City and County shall be referred
to the AMBULANCE SERVICE, operated under contract by Hospital.
22. It is agreed that the City and County shall
not make any collections for Hospital far individual services
nor shall the City or County be liable to Hospital for
individual services nor shall the City or County be liable
to Hospital for individual claims arising from the services
performed under this contract unless supplementary agreements
pertaining thereto are made by the City and County and Hospital.
23. It is agreed that the City and County shall
have the right to cancel said contract upon thirty (30) days
written notice to Hospital in the event that the services per-
formed by Hospital are negligent and/or Hospital fails to per-
form said services; that in the event that the City and County
feel jointly that the services performed by Hospital are not
adequate that Hospital, together with any representative of
its surety company, shall be given an opportunity to be heard
b-efore the City and County in joint session convened.
24. It is agreed that this contract may be renewed
with amendments, or bids or proposals for subsequent periods
taken six months prior to expiration of this contract.
25. Hospital covenants and agrees to indemnify,
hold harmless and defend the City and
representatives, from and against any
damages arising out of or incident to
and hereby assumes all responsibility
and suits for damages of every kind a
its ambulance service during the term
County, its agents or
and all claims for
its ambulance service
for injuries, claims
zd nature arising out of
of this contract.
26, Upon the effective date of this addendum, i.e.,
April l, 1978, and the acceptance thereof by L. P. McCuistion
Community Hospital, and assignment to L. P. McCuistion
Community Hospital of all rights under the now existing
ambulance service contract with. Cass Ambulance Services, Inc.,
by said Cass Ambulance Services, Inc., Cass Ambulance Services,
Inc, is relieved of further obligation under the said
ambulance service contract to which this is an addendum.
CITY OF PARIS
By
James M. Brunette, Mayor
ATTEST:
H. C. Greene, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
COUNTY OF LAMAR, STATE OF TEXAS
By
Lester Crutchfield, County Judge
L. P. McCUISTION COMMUNITY HOSPZTAL
By
Lewis Robertsonf Administrator
ATTEST:
Secretary
THE 5TATE OF TEXAS X
COUNTY OF LAMAR X
BEFORE ME, the undersigned a,uthori.ty, an this day
personally appeared JAMES M. BRUNETTE, Mayor of the Ci,ty of
Paris, Paris, Texasr known to me to be the pezson whose name
is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFZCE this'
day of March, 1978, ~
I
Notary Pu lic, Lamar CountX, Texas
STATE OF TEXAS x
COUNTX OF LA.MAR X
BEFORE ME, the undersigned authorityr on this day
personally appeaxed LESTER CRUTCHFIELD, County Judge of Lamar
Countyr Texas, known to me to be the person wh.ose name is sub--
sczibed to the fozegoing instrument, and acknowledged to me that
he executed the same for the purposes and consideration therein
expressed and in the capacitX therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the
day of Maxch, 1978.
Notary Public, Lamar CountX, Texas
STATE OF TEXAS X
COUNTY OF LAMAR X
BEFOR E ME, the undersigned authorzty, on this dax
personally appeared LEWIS ROBERTSON, Administratoz of L. P.
McCuistion Community Hospital, known to me to be th.e pexson
whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes
and consideration therein expressed and in the capacity therein
stated.
GZVEN UNDER MY HAND AND SEAL OF OFFICE th,is the
day of March, 1978.
Notary Public, Lamar Countyf Texas
STATE OF TEXAS X
COUNTX OF LAMAR X.
KNOW ALL MEN BY THESE PRESENTS that CASS AMBULANCE
SERVICE, TNC,, acting by and through its Presa,dentf Chaxles
I Cass, duly authorized, does hereby txansfez and assign unto
L. P. McCuisti,on Community Hospital all of its rights that a.t
might have in and to that certain ambulance sexvices contzact
dated June 12, 1975r with the City of Parist Paari,s, Texas,
and County of Lamar, State of Texas.
WITNESS TTS HAND this ~ day of Marchr 1978.
CAS S AMBULANCE SERVZCE r ZNC,
By
Chazles Cassf Pzesident
ATTEST:
ane Cass, Secretary