AG 1999 06 21 - Laserfiche WebLink

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RESOLUTION AND ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO NUCARE CAROLINA, INC., FOR THE OPERATION AND REGULATION OF A NON-EMERGENCY AMBULANCE SERVICE WITHIN CABARRUS COUNTY, NORTH CAROLINA, PURSUANT TO THE TERMS OF THAT CERTAIN ORDINANCE ADOPTED SEPTEMBER 4, 1990; AND CONSTITUTING THE FRANCHISE AGREEMENT REFERRED TO THEREIN WHEREAS, on September 4, 1990, the Board of Commissioners of Cabarrus County (the "County') adopted an Ambulance Franchise Ordinance providing for the grant of franchises for the operation and regulation of non-emergency and emergency ambulance service in Cabarrus County, North Carolina (the "Ordinance'); and WHEREAS, NuCare Carolina, Inc. ("NuCare'), has submitted its "Proposal for Cabarrus County' dated May 5, 1999 (the "ProposalD, to the County to operate a non-emergency ambulance service in Cabarrus County; and WHEREAS, the County desires to approve and enter into this Resolution and Ordinance and Franchise Agreement (the 'Resolution and Franchise Agreement"), granting a franchise to NuCare. NOW, THEREFORE, BE IT HEREBY RESOLVED AND ORDAINED BY THE BOARD OF COMMISSIONERS OF CABARRUS COUNTY, NORTH CAROLINA: 1. The County hereby grants the non-exclusive right, privilege, and franchise to NuCare to operate and maintain a non-emergency ambulance service in Cabarrus County for a period of five (5) years from and after the date of acceptance of this Resolution and Franchise Agreement by NuCare, subject to present and future ordinances pertaining thereto. The County expressly reserves the right to grant other rights, privileges, and franchises to any other person or entity at any time during the term thereo£ 2. The right, privilege and franchise hereby granted are expressly subject to the following: (A) The Ordinance, all provisions of which are hereby specifically incorporated herein by reference; and (B) The Proposal, a copy of which is on file at the Office of the County Manager, all provisions of which are hereby specifically incorporated herein by reference. 3. By accepting the rights hereby granted, NuCare covenants that it will perform and keep all acts, covenants and obligations imposed, represented or promised by the provisions of this Resolution and Franchise Agreement, the Ordinance and the Proposal,, and ac'knowledges that any failure to do so will be grounds for termination of the rights hereby granted in accordance with the provisions of the Ordinance. 4. The effective date of this Resolution and Franchise Agreement shall be the date of its final adoption and said dale shall be utilized for the commencement of the timetable for construction contained in the Proposal as supplemented, and for all other purposes. 5. In addition to the conditions contained above and in the Ordinance and in the Proposal as supplemented, the rights hereby granted may, at the option of County, be terminated upon the violation of any term or provision of the Ordinance or the Proposal, as supplemented. 6. The County and NuCare ac ~knowledge that it shall be unlawful to operate a non-emergency ambulance service in Cabarrus Counly, North Carolina, without a franchise to do so duly granted by the County, except as otherwise provided by law. 7. This Resolution and Franchise Agreement shall not be valid unless it is accepted by NuCare within thirty (30) days of its effective date, which acceptance shall be in writing in such form and executed in such manner as to be a valid and legally binding acceptance. 8 In consideration of the foregoing rights and privileges, NuCare agrees to the following terms and conditions: (A) NuCare accepts and agrees to all of the provisions of this Resolution and Franchise Agreement and those instruments incorporated herein by reference, including, but not limited to the Ordinance and the Proposal;