ORD NO 04-1983 T
CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. 7 �yu q
AN ORDINANCE GRANTING AN EXCLUSIVE FRANCHISE
TO SOUTHERN MEDICAL SERVICES, INC., FOR THE
PURPOSE OF PROVIDING AMBULANCE SERVICE AND
TRANSFER SERVICE TO THE CITIZENS AND INHABITANTS
OF VAN BUREN, ARKANSAS, AND AMENDING ORDINANCE
NO. 42 -1976 AS PROVIDED AND DECLARING AN
EMERGENCY AND FOR OTHER RELATED PURPOSES.
WHEREAS, due to the tremendous growth in the City of
Van Buren, Arkansas, and therefore the increased need for
an ambulance service to its citizen, the City Council of
Van Buren has determined that in order to secure and maintain
a competent ambulance and transfer service it is necessary
that the City grant the following rights and duties to Southern
Medical Service, Inc.
NOW, THEREFORE, BE IT ORDAINED THE CITY COUNCIL OF VAN
BUREN, ARKANSAS:
SECTION 1: That based upon the home rule powers granted
by Act 266 of 1971 by the Arkansas Legislature and by City
Ordinance No. 42 -1976, the City does hereby grant to Southern
Medical Services, Inc., d /b /a Crawford County EMS, the
exclusive right to provide ambulance and emergency medical
service including patient transfer within the City of Van
Buren, Arkansas. This right shall exist so long as Southern
Medical Service, Inc., d /b /a Crawford County EMS, is in operation
and operating under a Contract with Crawford County, Arkansas,
or until such time as the City Council of Van Buren, Arkansas,
deems it necessary to revoke such exclusive right.
SECTION 2: That Ordinance No. 42 -1976 shall from this
point forward be amended to provide that any ambulance service
operating within the City of Van Buren shall maintain automobile
liability, general and malpractice liability, compensation,
collision and workman's compensation insurance on its vehicles
a
and /or agents and employees in the minimum amount of ONE MILLION
DOLLARS ($1,000,000) and that all other provisions of Paragraph
5 not heretofore specifically amended shall remain in full
force and effect.
SECTION 3: That Section 7 be amended to read as follows:
The owner or active operator and /or ambulance driver employed
by any person, firm or corporation issued a permit under the
terms of this Ordinance shall meet the standards of care as
stated in the Emergency Medical Service Rules and Regulations
of the Arkansas State Board of Health.
SECTION 4: Any portion of City Ordinance 42 -1976 not
expressly amended by this Ordinance is hereby readopted and
maintained.
PASSED and APPROVED on this a/4 day of 44j'AV419
1983.
APPROVED:
MAYOR
ATTEST:
4 41 4 4-166-fr-t-- ER
CONTRACT
This agreement made and entered into this day of
January, 1983, by and between Crawford County, Arkansas,
hereinafter called County, and FIarry D. Marley, Jr., d /b /a
Crawford County EMS, hereinafter called Et
WITNESSETH
WHEREAS, County believes it in the best welfare and•interest
of the citizens of Crawford County, Arkansas, that they be
provided with full -time ambulance, emergency medical services
and patient transfers; and,
WHEREAS, after extensive investigation and negotiations,
County feels that the proposals of EMS shall best fulfill the
needs of the citizens of Crawford County.
NOW, THEREFORE, the parties agree as follows:
EMS specifically agrees that it shall provide County with ;gin
ambulance service, including patient transfers, consisting of 1
less than two 1 -A ambulance vehicles to be conspicuously marked
as "Crawford County EMS." Said ambulances shall be operated as u
licensed Arkansas State Health Department 1 -B service. EMS
further agrees that it will use diligent efforts to operate as z.
1 -A service. EMS further agrees that it will provide all
necessary vehicles, equipment, supplies, machinery and personnel,,,
for the operation of said ambulance service and will further„ 1
obtain all necessary licenses and permits.
It is anticipated that EMS shall begin said service on or.
before February 1, 1983. Both parties mutually agree, howevc::,
that EMS shall be allowed until March 1, 1983, for all ter!s:.;
this contract to be fully implemented. If EMS shall not 1) H
position to fulfill the terms and obligations of this contract.
on or before March 1, 1983, this agreement shall immediately bo
voided, terminated and of no force and effect unless extended by
mutual agreement of the parties herein.
Both parties mutually agree and understand that the
relationship bf independent contractor shall exist between County
and EMS. EMS hereby specifically agrees that it shall maintain
automobile liability, general and malpractice liabilities,
comprehensive, collision and workman's compensation insurance on
its vehicles and /or agents and employees. EMS further agrees
that said liability coverages will be in a minimum amount of
$1,000,000 and agrees that it shall hold County harmless from any
and all claims, causes of action and any and all other I,
liabilities which may arise by reason of the operation of EMS
Ambulance Service.
County hereby agrees that so long as this contract shall be
in full force and effect, EMS shall have the exclusive right to
provide ambulance and emergency medical service, including
patient transfers, within Crawford County and :further agrees thaLI
County shall enter into no other contracts or agreements with any 1 I
other ambulance company during the term hereof.
EMS specifically agrees that one ambulance shall be in a
constant state of preparedness, fully staffed for any emergency
and /or patient transfer needed. The second ambulance shall be
staffed by "on call" employees and in the event of a major
accident, emergency or catastrophe said secondary ambulance staff j
is
shall be immediately placed on active duty to remain with
secondary ambulance until said emergency situation has ended.
EMS agrees that its rates and charges to and for the
citizens of Crawford County, including all citzens of any
municipality within said county, will be as follows:
EMERGENCIES: $100 per call plus mileage at the rateof
one dollar per mile.
TRANSFERS $90 per delivery plus mileage at the rate
of one dollar per mile.
SUPPLIES to be furnished on a cost basis.
The one dollar mileage charge above set out shall be
determined as follows:
The first ten miles of any trip shall he excluded from
any additional mileage charge whatsoever. Afterm.aining
deduction of the initial ten miles,
The otal so
miles shall be divided by one -half.
derived by using the aforesaid formula shall be that
dollar rate shall he applied.
to which the one
Ens agrees that in the emergency transportation of two or
delivery, the maximum rate to be charged
more persons in one plus cost of supplies'
each person shall be the sum of $50.00 p
In order to maintain a maximum degree of ambulance and
emergency medical service, including patient transfers, for the
citizens of Crawford County, EMS agrees that It shall make no
transfers of a greater distance than sixty miles from its
operational base except in an emergency situation. Both parties
mutually agree that the above distance limitation shall be E "'.S.
applied in the event a third ambulance shall he obtained by L II
EMS providing the services herein
In consideration of
i
out, County agrees that it shall pay to EMS the sum of $55,56
per year for a maximum period of two years. Said sum shall be
Payable at the rate of $4,630 per month, the first such payment
payable February 1, 1983, or upon the date the EMS shall begin
its services and operations on behalf of County, with the
remaining payments to be made upon the same day
of each
calendar month thereafter during the term hereof. a monthly
EMS agrees that it shall furnish to County on
basis the following information:
(1) Total of emergency runs.
(2) Total of transfers. transported.
(3) Total number of patients
(4) T number of destinations of service outside of."`'
Crawford County.
(5) Total number of originations of service outside of
Crawford County.
(6) Total number of Medicaid runs.
(7) Total number of Medicare runs.
EMS agrees that all calls for service within Crawford
j
County will be handled on a first come -first serve basis in the
priority set out below:
(1) Emergency calls from non medical source.
Emergency calls from a medical source.
(3) Transfers.
It is understood and agreed that the parties may by mutual
consent cancel and rescind this agreement at any time. Both
parties further agree that upon County's serving written notice
upon EPOS of any breach or default of any of the terms or
obligations of this agreement, EMS shall have a period of thirty
days from the receipt of said notice to cure and /or remedy said
default. Upon failure by EMS to do so, County may immediately
elect to cancel and rescind this agreement in its entirety.
Both parties mutually agree that EMS may from time to time
propose to County changes and revisions in its rates and
charged for the services fees
es so provided by EMS, and EMS further
agrees that before said rate and /or fee changes may be charged
to the citizens of County, approval must be obtained by the
Quorum Court of Crawford County
Arkansas.
Both
parties mutually agree that Harry D. Marley, may
assign his interest Jr., y
to this contract to any c orporation' I
in and
which may be wholly owned by the said Harley D. Marley, Jr., or
in which he shall have controlling interest.
i
This agreement shall be
binding upon the parties hereto i
their personal representatives, successors and assigns.
IN WITNESS WHEREOF, the artier
p hereto have hereunto set
their hands and seals this
day of January, 1983.
CRAWFORD COUNTY, ARKANSAS
By
George ;9i11muth
County Mere
HARRY D. MARLEY, JR., d b a I
Y FMS
CRAWFORD COUNT