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11-A EMS ContractDRAFT F:ALICE~RESWORK\CURRENT\EMS Contract Res - 2003 September 3, 2003 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 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 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 8th day of September, 2003. ATTEST: Curtis Fendley, Mayor Mattie Cunningham, 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 thc County of Lamar to defray the cost of providing such emergency medical services; NOW, THEREFORE, This contract is made and entered into this the 8th day of September, 2003, 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 thc 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 - Page 1 EXHIBIT 2. CITY covenants and agrees that it will comply with all safety requirements of the law pertajnlng 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 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 Chrisms St. Joseph's Health Systems, with the hospital furnishing its own radio equipment. EMERGENCY MEDICAL SERVICES CONTRACT - Page 2 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 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 patiems to Chrisms St. Joseph's Health Systems, North and South Campuses, in the following manner: (a) To the hospital campus that patiem, his personal physician, or next of kin so designate, or (b) To the nearest or most appropriate hospital campus from the poim of pick up of the patiem when the patiem, his personal physician, or next of kin is not able or available to make such determination, or (c) To the nearest hospital campus from the point of pickup when a 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 vehicle operated under this contract in the minimum amoums 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 EMERGENCY MEDICAL SERVICES CONTRACT - Page 3 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, 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. 12. COUNTY agrees that CITY shall be the exclusive, sole, and only provider of emergency medical services in the County of Lamar. 13. COLrNTY 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 $24,075.52 F34ERGENCY MEDICAL SERVICES CONTRACT - Page 4 monthly towards the estimated twelve (12) month term cost of $288,906.21. The first of said monthly payments to be made on the 1st day of October, 2003, 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 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 1st day of October, 2003, and shall expire on the 30th day of September, 2004. 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 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. EMERGENCY MEDICAL SERVICES CONTRACT - Page 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 patiem, per call, as follows: (a) The following rates are established for emergency medical vehicle service for residents and non-residems of Lamar County: 1. MOBILE INTENSIVE $450.00 plus $8.00 per mile CARE UNIT (MICU) from poim of pickup to point EMERGENCY of delivery 2. ADVANCED LIFE $400.00 plus $8.00 per mile SUPPORT (ALS) from point of pickup to point EMERGENCY of delivery 3. ADVANCED LIFE $350.00 plus $8.00 per mile from SUPPORT (ALS) point of pickup to point of delivery NON-EMERGENCY 4. BASIC LIFE $350.00 plus $8.00 per mile from SUPPORT (BLS) point of pickup to point of delivery EMERGENCY 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 EMERGENCY MEDICAL SERVICES CONTRACT. Page 6 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, 2004, COUNTY or CITY shall give written notice to the other party on or before June 1, 2004, 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, 2004, rates and contract prices upon which it will deliver service, and thereafter, on or before October 1, 2004, 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 8th day of September, 2003. CITY OF PARIS, PARIS, TEXAS i y: Curtis Fendley, Mayor EMERGENCY MEDICAL SERVICES CONTRACT - Page 7 ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney COUNTY OF LAMAR By: M. Charles Superville, Jr., County Judge ATTEST: County Clerk EMERGENCY MEDICAL SERVICES CONTRACT - Page 8