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HomeMy WebLinkAboutRES 82-181 2 R E S 0 L U T 1 0 N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a contract with the Beaumont Emergency Medical Services Corp. for an emergency medical services system in the form attached hereto as Exhibit "All and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of Mayor ' - r< ' IfT THE STATE OF TEXAS § COUNTY OF JEFFERSON § THIS AGREEMENT, made and entered into this day of . 1982, by and between the City of Beaumont, a municipal corporation of the State of Texas, hereinafter called "City" , acting herein by and through its duly authorized City Manager, and the Beaumont Emergency Medical Services Corporation, a Texas non—profit corporation, hereinafter called "Company" , acting herein by and through its duly authorized officers. W I T N E S S E T H: WHEREAS, the City Council of the City of Beaumont by resolution has committed the City to participate in the provision of an emergency medical services system (the "system") within the City; and, WHEREAS, emergency medical services are to be provided by Company with financial assistance from City; NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, it is agreed that: 1 . City hereby -retains and employs Company to manage and operate a system of emergency medical service for the transportation of sick, injured, afflicted or disabled persons within the City. Company does hereby agree to accept such engagement and employment and to discharge such duties in accordance with the terms and conditions herein set forth. Company is hired and engaged as an independent contractor and Is not an officer, agent or employee of the City. . Company may sublet or subcontract various functions required for the operation of the system; however, such subletting or subcontracting is subject to approval of the City. 2. Company shall employ , furnish and supervise such personnel, including an administrator, as are necessary to provide EXHIBIT "A" emergency medical services within the City. The administrator employed by Company shall be a full-time employee and shall devote his time solely to the purposes of Company. Company shall be responsible for all operations of the system, including transportation, maintenance, labor relations, accounting, employee selection and training, and public relations. It is the intention of the parties in the execution of this agreement that Company shall provide a full and complete emergency medical system within the City. Company agrees to manage and operate the system in an efficient and economical manner. 3• All revenues collected by Company for services provided shall be used and expended for the operation of the system. City -- shall pay to Company amounts reasonably expended, in excess of revenues received, in the operation of the system; provided that the total payments made by the City hereunder during the one-year term of this agreement shall not exceed $200,000. 4. Company shall prepare and furnish City for approval an annual operating budget not less than thirty ( 30) days prior to the commencement of the Company's fiscal year. The City Manager of City, or his designated representative, shall, upon reasonable notice have the right to inspect all books and records of Company. Company shall furnish to City no later than ninety ( 90) days subsequent to its fiscal year an audit of the financial statements of Company certified by an independent certified public accountant. Company shall furnish City monthly statements of income and expense, in a form as approved by City , no later than the 10th day of each month following the month covered in the report. Company shall furnish City quarterly activity reports, in a form approved by City, no later than fifteen (15) days after the end of each calendar quarter. - 2 - Company recognizes that collection for services is essential to the operation of the system and agrees to use its best efforts to collect all accounts receivable due the Company. _ The term of this contract shall be for �r commencing on the ' day of _-- _ - -' 1982, and ending on the 30 day of JI�V�`�., , 1983• This agreement may be extended by mutual agreement of the parties. 6. City shall furnish to Company three ( 3) ambulance units and related accessories to be used solely in providing services under this agreement. Company shall be responsible for all maintenance and repairs to said units during the term of this agreement and will return such units in good condition to City upon termination of this agreement or any renewal or extension hereof, reasonable wear and tear accepted. 7- Company agrees that it shall not discriminate against any employee or applicant for employment because of race, color, creed, sex, religion, ability to pay or national origin. 8. If this agreement is terminated or is not renewed, Company shall deliver to City all money , equipment, and other property, real or personal, which may be owned by Company. Company agrees to execute such instruments of conveyance as may be necessary to transfer title to its property to City. 9. Company agrees to indemnify, hold harmless, and defend City against any and all claims, causes of action and damages of every kind arising from the actions or operations of Company, its officers, agents and employees. Company shall carry or cause to be carried general public liability and automobile liability insurance on all operations embraced by this agreement in the amount of $500,000 for personal injuries for each - 3 - occurrence, and property damage liability insurance in the amount of $25,000 for each occurrence. Company shall also procure contractual liability insurance in the same amounts, insuring the indemnity agreement contained herein. Said policies of insurance must be approved by City and must be written by companies acceptable to City. The City of Beaumont shall be named as additional insured on such policies. 9- _ Either party may terminate this agreement by giving n days written notice to the other party. 10. All notices to the City of Beaumont shall be directed to and all notices to Company. shall be directed to EXECUTED in duplicated originals this day of 1982. CITY OF BEAUMONT ATTEST: By: City Manager City Clerk BEAUMONT EMERGENCY MEDICAL SERVICES CORPORATION By: