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HomeMy WebLinkAboutC.054.93011_1314STATE OF NORTH CAROLINA COUNTY OF IREDELL FRANCHISE AND AGREEMENT THIS FRANCHISE AND AGREEMENT, made and entered into this day of 2006, by and between THE COUNTY OF IREDELL, a North Carolina body politic, hereinafter called COUNTY, and a corporation organized under Chapter 55A of the General Statutes of the State of North Carolina, hereinafter called PROVIDER; WITNESSETH THAT WHEREAS, N.C.G.S. 153A authorizes Counties to enter into contracts and to franchise ambulance services; and WHEREAS, Iredell County Code of Ordinances, Chapter XX, Article XX, hereinafter called Franchise Ordinance, regulates the operation and franchising of ambulance services within Iredell County; and WHEREAS, N.C.G.S. Chapter 55 authorizes corporations to make contracts and to have and exercise all powers necessary and convenient to effect any or all of the purposes for which the corporation is organized; and WHEREAS, the parties hereto seek to provide ambulance services and/or special rescue services; NOW THEREFORE, for and in consideration of the mutual promises and agreements herein contained, and pursuant to the general power and authority of the PROVIDER to furnish ambulance service, and the general power and authority of the COUNTY to provide paramedic ambulance service for its inhabitants and general population, the parties hereto mutually contract and agree as follows: 1 GRANT OF FRANCHISE COUNTY hereby grants to PROVIDER, the right, privilege and franchise to operate an ambulance service within the franchise area, subject to the faithful performance and observance of the conditions and reservations hereinafter set forth, inclusive of all provisions contained within the Franchise Ordinance. 2 TERM OF FRANCHISE COUNTY grants this franchise for a term commencing upon execution of this Franchise and Agreement and terminating at midnight on the day of 2006. This grant of franchise shall be subject to suspension, revocation, or termination as set forth in the Franchise Ordinance. 3 GENERAL DUTIES A. The PROVIDER agrees to furnish and provide continuing ambulance service to all areas lying within its designated response territorial limits, upon proper notification by any resident, property owner, other person, or agency. B. The PROVIDER, in providing said ambulance or rescue services, shall use its own means and methods, within standards recognized by federal, state and local authorities and agencies, which means and methods shall not be subject, except as herein below set forth, to further control, direction or supervision by COUNTY. PROVIDER hereby further agrees that medical control of its ambulance service shall be subject to the protocols and policies as established by the Iredell County EMS Medical Director and the Iredell County EMS Quality Management Committee. C. All ambulance service equipment, special rescue equipment, and personnel necessary and proper for the performance of this Franchise and Agreement shall be provided by the PROVIDER at its sole cost and expense, and all persons engaged by PROVIDER in ambulance transport services pursuant to the provisions of this Franchise and Agreement shall be subject to the exclusive control, direction and supervision, of the PROVIDER. Except as noted herein below, COUNTY shall not have any right or power with respect to the employment, control, direction, supervision, suspension or discharge of any person who may engage in such ambulance services imposed by the provisions of this Franchise and Agreement upon the PROVIDER in furnishing ambulance service to COUNTY for the benefit of its residents and general population. COMMUNICATIONS 15 9 2W6(V v