1572 RES CITY COUNCIL IN CONCERT WITH COMMISSIONERS COURT OF LAMAR COUNTY DESIRED TO CEASE AMBULANCE SERVICERESOLUTION NO, 1572 ,
WHEREAS, the City Council of the City of Paris in concert with
the Commissioners Court of Lamar County, Texas, did, after receiving
notice from the local funeral homes that they desired to cease ambu-
lance service on September 1, 1973, advertise for bids for ambulance
service, to be received on June 25, 1973; and,
WHEREAS, the City Council of the City of Paris and Commissioners
Court of Lamar County, in joint session convened, did receive bids on
June 25, 1973, the best of which was that of Cass Ambulance Service,
Inc. , the terms and conditions of which are included in the Ambulance
Service Contract dated July 2, 1973, a copy of which is attached hereto
as Exhibit A and made a part hereof; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, That the Mayor of the City of Paris, F. D. Mallory, III, be, and
he is hereby authorized and directed to execute on behalf of the City of
Paris a contract between the City of Paris and the County of Lamar and
Cass Ambulance Service, Inc. , a Texas corporation, upon the terms and
conditions and in the contract form attached hereto as Exhibit A; and,
BE IT FURTHER RESOLVED, that the Director of Finance, H. C.
Greene, be, and he is hereby authorized and directed to pay to Cass
Ambulance Service, Inc. in accordance with the terms and conditions
contained in Exhibit A attached hereto.
Passed and adopted this 9th day of July, 1973.
ATTEST:
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H. C. Grcene, City Clerk
. D. allory, III, Mayor
APP VED FORM:
T. K. Haynes, ity Attorney
attcndants must complcte the caurse of study of the Emergency
Medical Tecllnician (LiV(T) basic traiiung coursc within six manths
froin date of employtnent; that Lill Persons ciriving equipment used
as ambulances must havc a valid State of Texas Chauffeur's License.
4. Cass a;rccs that cach vcilicle uscd as an ambulancc
shall be cquipped with a two-way ractio whicli transmits ancl rcceives
on f'r.equencies clesignatecl by tlze UCC anu that raclio communications
to anci f.rom saicl ambulanccs and thc ceniral c.lispatch station shall
bc thc solc responsibil.ity of Cass wllo shall ciispatch emergcncy ve-
hicics in roo~rclinw1 io>ll wi1+) irnl by t:iw kno>wicdf-;c of tlic f_,amar. Cotitlty
'SlIc;riJff's Ufficc ,ln(1 Ilic !'(.)licc I)cp,11-linui11_.
5. C;ity afxl COLuIty agrcc tliat CLiss shal.l bc allowccl to usc
existing frcquencic;s ancl basc station cquipmcnt which is available at
the Paris Fire Department and Paris Police Department to establish
remote stations for the purpose of establishing normal communica-
tions with the Paris Police Department, Paris Fire Department,
Lamar County Sheriff and mobile ambulance units as required by Cass.
6. Cass agrees that all vehicles used for emergency service
will meet or exceed the current Iist of minimal equipment required
by the Texas State Health Department for Ambulance Licensing and
that all ambulances and accessory equipment shall be subject to in-
spection by designated representatives of the City and County and if
at anytime same are not in compliance with the provisions hereof or
if any ambulance is in need of inechanical repairs in order to insure
its satisfactory operation the said vehicle must be removed from
service.
7. Cass agrees that it will answer all emerbency calls within
the limits of the City and County and rhat no person within the City
and County shall be refused emer.gency service, and further agrees
that transfer emerbency service when dirccted by a meclical doctor
will not be rcfused.
8. Cass agrees that at all times during the effective period
of this contract to have procurcd and lcept in full force and effcct
policy or policies of public lzaririty insurance cevcrino each motor
vehicle operatcd and to bc operated under tiiis contract in the mini-
mum amounts oi $100, QCG. OJ for boc?ily injury or death to any one
person and $300, OCO. C0 for aIl persons inj ured in any or.e accident
or occasion and $25, 0;0. CD for prape-rty darnages arisinb out of any
one accident or occasion.
9. Cass agrees io furnish to the CourLty Judbe, Lamar County,
and the City iVIanaber, City of Paris, quarterly reports relating to
revenues, expenses, call statisti:cs and the status of delinquent and
uncollectable accounts and that all boclcs and records of the ambulance
operation be kept separate and exclusive of any other business enter-
prise in which Cass might be erbaged.
10. Cass agrees to operate tne ambulance operation in
accordance with the requirements of State Law and applicable require-
ments of City and County as may be in effect at this time.
11. Cass agrees that he will not solicit business of any type
for any person, fa.rm or organization while rendering ambulance
service.
12. Cass abroes that it will Ilave a minimum of tIiree ambu-
lances manned with a crew of two men each available ta the citizens
of the City and County from 8 a, m, to 6 p, m. on a seven days per
week basis and a mini.mum 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 ambulance on stand-by; that ambulances will be located
in a reasonably accessible area of the city wit'.1 all such active service
ambulances and tlleir crews to be at a location approveci by City and
County.
13. City and County agroe that non-emergency transfer ser-
vice from points witIlin ttle City or County to points outside the
County shall be made at the perrogativc of and by the good judgment
of Cass; that ambulance service from points outside the county to
any destination shall be made at the perrogative of Cass and shall
not be covered by this cor.tract.
14. T'he City and County agree to pay to Cass the annual sum
of $63, 000. 00 which is $5, 250. GO per month and the annual amount to
be paid by the City and County to Cass shall be made in twelve equal
monthly installments, the first of which is to be made on the firsi
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 there-
after.
15. Cass agrees, if the City and County so requires by giving
thirty (30) days written notice, to provide a gaod and sufficient per-
formance bond in the amount of $10,000.00 buaranteeing the full and
faithful execution and performar.ce of tilis contract and said bond shall
be executed by Cass and one corporate surety authorized to do busi-
ness in the State of Texas with a desiunated agent to whom any re-
quisite notices may be delivered and on whom service of process may
be had in matters arising out of suretyshi.p. Cass may deposit
$10, 000. 00 in escrow in lieu of the requirements herein stated.
16. This agreement shall be effective and the term thereof
shall commence on the lst day of September, 1973 and shall eYpire
on the 31st day of August, 1975.
17. 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.
18. It is further understood and agreed that neither the City
or Couzity nor any of their agents, scrvants or employees shall be
considered to be in the busizless of providin; ambulance servicq~ and
the relationship between the parties shall not be considered that of
a partnership or joint venture and that tlic status of Cass shall be
that of an independent contractor providing services to the City and
County and its inhabitants in exchange for the payment of the fees
herein set forth.
19. It is mutually understood and agreed between the parties
that the payments made by the C;ity and County to Cass for ambu-
lance service shall in no way affect the right of Cass to collect its
regular published charges from persons for ambulance service ren-
dered, and it is expressly understood and agreed that no one shall
be entitled to free ambulance service under this contract and diligent
efforts shall be made to collect accounts outstanding in keeping with
good and ethical business practices.
20. It is understood and agreed that Cass' charges for ser-
vices rendered under the scope of this contract within the limits of
the City and County shall be fair and reasonable; that they shall be
according to the schedule of rates that follows and shall not be "
changed without the approval of the City and County:
Charges listed herewith are per patient, per call.
$15.00 for non-emergency service within City limits
$20.00 for emergency service within City limits
$25.00 maximum for non-emergency service within County
$25.00 maximum for emergency service within County
Non-emergency service orig-inating within the County to a
destination outside of the County at the rate of 60¢ per mile
plus base rate of $15.00 (mileage one way)
Lmcr~cncy scrvice originating within the County to a
dcstination outsidc of the County at tlle ratc of 800 per mile
plus base rate of $20.00 (milea ;e one way)
21. It is agreed that if any patient becomes deceased while
enroute to any hospital the ambulance driver shall deliver the body of
such deceased person to a hospital until a medical examiner or li-
censed medical doctor formally pronounces the subject dead and in
thc: absence of specific instructions as to the disposition of the body
from next of kin or relatives sizall allow the body to remain at the
hospital.
22. It is agreed that a'LI calls for ambulance service that are
received by City and County shall be referred to Cass.
23. It is agreed that thc City and County shall not make any
collections for Cass for individual services nor shall the City or
County be liable to Cass for ii:dividual claims arising from the ser-
vices performed under this contract unless supplementary agreements
pertaining thereto are made by the City and County and Cass.
24. It is agreed that the Ci.ty and County shall have the right
to cancel said contract upon thirty (30) days written notice to Cass
in the event that the services performed by Cass are negligent and/or
Cass fails to perform said services; that in the event that the City
and County feel jointly that the services performed by Cass are not
adequate that Cass together witl-i any representative of his surety
company shall be given an opportunity to be heard before the City
and County in joint session convened.
25. 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.
26. Cass covcnants ancli ab.rces to indemnify, hold harmless
and defend the City and County, its a;ents or rcpresentatives, from
and against any and all claims for damages arising out of or inciclent
to its ainbulance servicc and liereby assumes aII responsibility for
injuries, claims and suits for damages of every kind and nature
arising out of its ambulance service during the term of this contract.
CITY OF PARIS
ATTEST:
By:
F. D. Mallory, III, Mayor
H. C. Greene, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
ATTEST:
COUNTY OT LAMAR,
STATE OT TEXAS
By:
Lester Crutchfield, County Judge
GASS AMBULANCE SERVICE, LNC.
By:
Charles Cass, President
Jane Cass, Secretary
S7'A"I'L OF TLX~'~S ~
COUNTY OI'~ Ln.UI:1l.Z 1)
i31?1~Oi~1~ Ml-,, tl,c a~_ltl;ar.zty, on tl;i_s c]ay pcrscnally
,inpcalc(I F. D. MALLG1tY, if.i, iVi,;yor o; ti~c Ci~y oi I'uris, Puris,
Tcaas, ?cilown to :»o to hc t?ZC I;c-rson, vi:~osc nurnc is subscribed to
tlle fore~oin~ ii~str~iilient, a:1c1 ~ .:cl;nowJec':,:;ccl to me that hc exccutcd
tlie sai»c: for tlic pur-poses and consicleration thercin expressed, and
in the capzcity t:icrcin statcd.
GIVE\' UNDER MY I-IAND 13.ND S; AL OF OFFICE, this
day of July, 1973.
Notaiy 1'ublic, Lamar County, Texas
STATE OF TEXAS ~i
COUNTY OF LAiMtLR ~
BEF,O1ZE i'VIE, the unclcrci-,ncL, aut?lority, on this ciay pcrsonally
appcared L:ESTLR 1C-RUTCr~~F1-I~i i~, County Ju;lgc of Lamar County,
Texas, known to mc to be t;1`e ncrsc:-i wi7ose name is subscribed to
the foregoing instru:r.ent, and acknowieciaed to me that he executed the
same for the purposes and considerGtion therein expressed, and in the
capacity therein stated.
GIVEN UtiDER iViY I-IA.ND Ai1D SEAL OF OFFICE, this
day of July, 1973.
Notary Public, Lamar County, Tams
STATE OF TEXAS ~
COUNTY OF LA.1ViAR 0
BEi O-RE iVE, the undersigned auti:ority, on tnls day personally
appearecl CI-IARLi.S CASS, Presicici.t of. Cass Ambulance Service, Inc.,
Paris, 1'cxas, tcnown to me to be t-hc person whose nLinie is stLbscribed
i0 tiiC; iOY'Cb0].11b 1T1SLY'UIi7G11t, a11C1 aCI`l?OWledbed `LO I71e Ziiat 12C C:xeCUi.ed
nce same for the purposes and consideration therein expressed, and in
the capacity therein stated.
GIVEN UNDER MY HAND A.ND SEAL OF OTTICE, this
day of July, 1973.
NoLary i'uc.Iic, Lu:z:ar C;ounty, 'ic::as