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HomeMy WebLinkAbout1983-10-03 ORDINANCE NO. ?3-I© • AN ORDINANCE APPROPRIATING MONEY FOR THE PURPOSE OF PROVIDING AMBULANCE SERVICE TO RESIDENTS OF THE CITY OF BATESVILLE ON AN EMERGENCY BASIS FOR A PERIOD OF NINETY (90) DAYS, AUTHORIZING THE EXECUTION OF A CON- TRACT, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, STATE OF ARKAN- SAS: SECTION 1. There is hereby appropriated the sum of Fifteen Thousand Dollars ($15,000.00) for the purpose of providing emergency ambulance service to the residents of Batesville for a period of ninety (90) days. SECTION 2. The Mayor of Batesville is hereby authorized to execute a contract for the providing of these services by Independence County Emergency Medical Services , Inc. The sum so appropriated shall be paid to the Independence County Emergency Medical Services , Inc. , for the purpose of providing emer- gency ambulance services to the citizens of Batesville for a period of ninety (90) days. SECTION 3. Because the existence of emergency medical services is necessary for the preservation of the health and welfare of the citizens of Batesville, an emergency is declared to exist and this contract shall be awarded without the necessity of taking bids due to the fact that it is impractical to take bids on services of a technical and professional nature. PASSED and APPROVED this l 7y� day of October, 1983. APPROVED: SHIRRELL, MAYOR ATTEST: LARRY WILL AMS, CITY CLERK AGREEMENT WHEREAS, a non-profit corr.oration, namely Independence County Emergency Medical Services , Inc. , hereinafter referred to as "Corporation" was formed in Independence County, Arkansas, on the 23rd day of August, 1983 , for the purpose of providing emergency ambulance and medical services to the residents of Independence County, Arkansas , and such other persons as are in i need of those services; WHEREAS , the City of Batesville is at the present time or will soon be without ambulance services and the City Council finds that the citizens of the City of Batesville, Arkansas are in need of said services; and the Corporation is in need of immediate funding for the purpose of paying expenses which will be incurred in the operation of the Emergency Medical Service; WHEREAS , the City Council of the City of Batesville, Arkansas , finds that said Emergency Medical Services are of a professional and technical nature creating an exceptional situation where competitive bidding is not feasible and practical; WHEREAS , the City Council of the City of Batesville, Arkansas , finds that it is in the best interest of the citizens of the Citv of Batesville , Arkansas , that emergency medical services be provided by a privately owned operation rather than through a publicly owned emergency service operation or through the establishment of a subordinate service district; WHEREAS , the City Council of the City of Batesville , Arkansas , is desirous of entering into a contract with said Corporation for the purpose of enabling the Corporation to provide emergency medical and ambulance services to the citizens of Batesville , Arkansas; and WHEREAS , the City Council of the City of Batesville, Arkansas , has by motion, authorized. the Mayor of the City of Batesville, Arkansas to enter into an agreement with the Corporation for this purpose. ® THEREFORE, for and in consideration of the sum of Fifteen Thousand Dollars ($15,000 .00) the Corporation and the City Council of the City of Batesville, Arkansas agree as follows: (1) That the City of Batesville, Arkansas, will pay the sum of Fifteen Thousand Dollars ($15,000 . 00) to the Corporation upon the next working day after this agreement has been ratified by the City Council of Batesville, Arkansas. (2) That the Corporation will maintain accurate records which will reflect how said funds are used by said Corporation, and the Corporation will only use said funds to pay operational expenses as are required for providing emergency medical and ambulance services. (3) The Corporation shall provide ambulance services on a private enterprise basis to persons in need of such service in Batesville, Arkansas, for a period of at least ninety (90) days. In the event the Corporation shall cease to be a non-profi Corporation or shall cease to provide emergency medical or ambulance services in Batesville, Arkansas, within said ninety (90) day period, it shall promptly notify the Mayor of the City of Batesville, Arkansas, and immediately file with said Mayor, an accounting which accurately reflects the expenditures made from said Fifteen Thousand Dollars ($15 ,000. 00) and which will accurately reflect the balance on hand from said sum of Fifteen Thousand Dollars ($15,000 . 00) , and shall thereafter tender the balance of said funds as may be held by the Corporatiol Oat that time to the Treasurer of the City of Batesville, Arkansas Further, in the event that the Corporation shall cease to be a non-profit corporation or shall cease to provide emergency medical or ambulance services within said ninety (90) day period, the Corporation does hereby grant unto the City of Batesville, Arkansas, a lien upon their assets and properties, which shall remain in full force and effect until the refund of the balance of said Fifteen Thousand Dollars ($15 , 000 . 00) has been appropriately tendered as set forth herein. (4) That the parties hereto recognize and expressly state and agree that this contract shall in no way create a relation- ship between the City and said Corporation such as agent, servant, employee or contractor. (5) That the corporation agrees that it will maintain and keep in full force and effect a liability insurance policy with a reputable insurance company in an amount not less than that prescribed by the Motor Jehicle Safety Responsibility Act. (6) The Corporation agrees to indemnify and hold harmless the City of Batesville , Arkansas for any liability that may be incurred by the Corporation in the operation of said emergency i i medical or ambulance services . (7) The Corporation agrees that the execution of this contract by the City of Batesville , Arkansas creates no obligation on the part of the City of Batesville , Arkansas to i provide any additional funds to the Corporation in the future. The term of this contract is for ninety (90) days as further set out herein and is not renewable unless in writing. (8) The Corporation agrees that it will present no claim to the Citv of Batesville, Arkansas for any funds belonging to the City of Batesville, Arkansas at any time in the future. Payment is made in lump sum. (9) The parties agree that this agreement shall in no way be construed as creating an emergency medical or ambulance service which is owned or operated by the City of Batesville, Arkansas and the City of Batesville , Arkansas agrees that the ILCorporation may charge its customers and patrons as would a privately owned ambulance or emergency medical service provider. (10) The Corporation agrees to provide emergency medical services to the citizens of the City of Batesville , Arkansas for a period of at least ninety (90) days. (11) In the event that this agreement, or any part hereof, is held by a Court of comi-)etent jurisdiction, the be invalid, then, in such event, the Corporation agrees to refund the sum E i of Fifteen Thousand Dollars ($15 ,000 . 00) , back to the City of Batesville , Arkansas forthwith, and the Corporation hereby E i grants the City of Batesville, Arkansas a lien upon the assets and property of the Corporation in such event, and agrees that the City of Batesville, Arkansas shall have the right to use any lawful process for the collection of said sum. IN WITNESS WHEREOF, we have set our hands hereto this , day of October, 1983 . CITY OF BATESVILLE, ARKANSAS BY: A HI L, MAYOR ATTEST: LARRY WIL IAMS, CITY CLERK INDEPENDENCE COUNTY EMERGENCY SERVICES , INC. BY: PR SIDENT ATT —;Z6 SEC TARY, INDEPENDENCE COUNTY EME GENCY SERVICES, INC. I • i