The URL can be used to link to this page

Home My WebLink About1992-11-01 f 1 • � Yy 1 ONO • ORDINANCE NO. AN ORDINANCE ENTITLED: AN ORDINANCE ALLOWING FOR THE CITY OF BATESVILLE, ARKANSAS AND INDEPENDENCE COUNTY, ARKANSAS TO ENTER INTO AN INTERLOCAL AGREEMENT WHEREBY THE FRANCHISEE OF THE CITY OF BATESVILLE, ARKANSAS FOR THE PROVIDING OF EMERGENCY MEDICAL SERVICES AND AMBULANCE OPERATIONS SHALL PROVIDE THESE SAME EXCLUSIVE OPERATIONS WITHIN INDEPENDENCE COUNTY, ARKANSAS BY VIRTUE OF BATESVILLE ORDINANCE NO. 92-5-2 AND ACT 196 OF 1989 OF THE STATE OF ARKANSAS: BE IT ORDAINED by the City Council of the City of Batesville, Arkansas, as follows: SECTION l : That from and after the effective date of this Ordinance the Mayor is and shall be authorized to enter into an interlocal agreement with Independence County, Arkansas, for the emergency medical services and ambulance operations franchisee of the City of Batesville, Arkansas, to provide the same exclusive services within the boundaries of Independence County, Arkansas . SECTION II : That the franchise mentioned hereinabove is granted under authority of City of Batesville, Arkansas Ordinance No. 92-5-2 . SECTION III : That the interlocal agreement is entered into pursuant to the authority granted in Act 196 of 1989 of the State of Arkansas. r PASSED and APPROVED this z day of _ Otf`Fm�� , 1992. JIbC BARNETT, MAYOR u ATTEST: I DENISE JOHN TON, CITY CLERK l� I 1 a • INTERLOCAL AGREEMENT FOR AMBULANCE SERVICE THIS AGREEMENT is made pursuant to Act 196 of 1989 , Acts of Arkansas, by and between the County of Independence (hereinafter referred to as "COUNTY" ) and the City of Batesville, Arkansas (hereinafter referred to as "CITY" ) . WITNESSETH: WHEREAS, the COUNTY and CITY recognize respective obligations to secure emergency medical services , emergency medical technicians , emergency and non-emergency ambulances , and an ambulance company, its respective property, facilities , equipment and personnel , and any and all aspects attendant to providing emergency medical services and ambulance operations which the COUNTY and CITY may deem proper to provide for the I health, safety and welfare of their citizens ; and WHEREAS , the COUNTY and CITY have limited financial resources with which to provide for such protection; and WHEREAS, the COUNTY and CITY recognize that emergency medical services and ambulance operations , when subjected to competitive practices of multiple companies simultaneously serving the same location, operate upon precarious financial conditions and that this type of competition is harmful to the health, safety, and welfare of residents of the CITY and 4 COUNTY; and WHEREAS, the CITY has granted an exclusive franchise to the • Independence County EMS, Inc. , for providing emergency medical services and ambulance operations to its citizens; and WHEREAS , the COUNTY believes that it is in the best interest of its citizens to enter into this Interlocal Agreement with the City of Batesville so that the City of Batesville through its franchisee will provide emergency medical service and ambulance operations to the citizens of the COUNTY; and WHEREAS, by entering into such Interlocal Agreement, the CITY and the COUNTY would thereby be able to provide increased and better emergency medical services and ambulance operations to its citizens and thereby increasing the safety and welfare of all citizens affected; NOW, THEREFORE, that for and in consideration of the above premises, and for the mutual obligations hereby created and the mutual benefit so derived, the parties agree as follows : 1 . The term of this agreement shall be one (1) year from the date hereof with the term to be automatically extended for one (1) year intervals or terms thereafter unless either of the parties hereto desire to terminate the agreement. If either of the parties hereto desire to terminate this agreement, then the party or parties so desiring to withdraw shall give the other party six (6 ) months written notification of its intent to withdraw. Failure of either party to act upon this agreement at the end of the term shall be construed as ratification or • renewal of this agreement. If within any twelve ( 12) month period either party wishes to terminate this agreement, that party may do so by giving the other party six ( 6 ) months written notification and the agreement will terminate at the end of the six (6) months notice. For the period within which this agreement shall exist, the governing bodies of CITY and COUNTY may amend said agreement as provided hereinafter. 2 . This agreement may be amended at any time by the majority vote of the governing bodies of both parties . The party desiring to amend this agreement shall draft its proposed amendment, and, after passage by its governing body, submit the proposed amendment to the other party, whereupon said party's governing body shall vote upon said proposed amendment. Should the amendment be accepted by the governing bodies of both parties, it will thereafter become a part of this agreement. Should either party fail to approve of a proposed amendment, it will have no force and effect whatsoever. 3 . The CITY shall grant an exclusive franchise to an emergency medical service or ambulance company to operate within the city limits of Batesville, Arkansas. The CITY shall make as part of the grant of its exclusive franchise the requirement of the emergency medical service or ambulance company to operate within the geographic boundaries of COUNTY thereby providing the necessary services to the citizens of the COUNTY as well as - the citizens of the CITY. 4 . CITY as part of granting an exclusive franchise shall require any emergency health service and ambulance company to provide paramedic service licensed by the Arkansas Department of Health. The CITY in granting an exclusive franchise to an emergency health service or ambulance company shall enact and establish standards , rules, and regulations which are equal to or greater than those established by the state concerning emergency medical services, emergency medical technicians or paramedics, emergency and non-emergency ambulances, and ambulance companies, and in the failure of the CITY to set forth any specific standards , rules, and regulations , then the applicable standards , rules , and regulations of the State of Arkansas through the Arkansas Department of Health or other appropriate state regulatory agencies , shall be considered applicable. 5 . In the event that the CITY fails to establish an Emergency Medical Services Board, then the CITY shall have and possess all the powers that an Emergency Medical Services Board is granted by virtue of Act 196 of 1989 and may exercise those powers accordingly. 6 . The CITY in granting an exclusive franchise to an emergency medical service or ambulance company or concern shall provide periodic opportunity for competitive solicitation of ambulance franchise applications. 7 . The COUNTY shall not grant any franchise or allow the operation of any other ambulance company within the COUNTY other than the company to which the CITY has granted an exclusive franchise, and to the fullest extent possible under Act 196 of 1989 , the emergency medical service or ambulance company or concern to which the CITY grants an exclusive franchise shall also be considered to have been granted an exclusive franchise by the COUNTY, and this company shall have all the rights and privileges within the COUNTY of having an exclusive franchise. 8 . The CITY in granting an exclusive franchise to an emergency medical service or ambulance concern will in addition to price of services will take into consideration the following factors: Quality of service to be provided, the quality of equipment to be provided, the quantity of equipment to be provided, the level of service to be provided, the level and quality of personnel to be employed, the staffing qualifications and practices of the concern, the personnel practices of the concern , the location of the business or operation with a strong preference for being headquartered or located in the CITY, and whether the concern is a non-profit corporation or not, with a preference being given to non-profit corporations. 9 . The various provisions and parts of this agreement are hereby declared to be severable, and, if any section or part of a section or provision or part of a provision herein, is declared unconstitutional , inappropriate or invalid by any court of competent jurisdiction, such holding shall not invalidate or affect the remainder of the agreement. IN WITNESS hereto, Independence County, Arkansas, and the City of Batesville, Arkansas, have executed this document by their duly elected officers who are authorized to represent the respective parties hereto in assuring the rights and obligations set forth herein this A.Wk day of 1992. INDEPENDENCE COUNTY, ARKANSAS BY: --a/%Z" �el ATTEST: AVID WY T, O TY JUDGE MARGA�!y BOOTHBY, COUNTY CLERK CITY O BATESVILL E, ARKANSAS BY: JI BARNETT, MAYOR ATT„�ST:nt DENISE JOHNSTON, CITY CLERK