§ 5-1. Findings and purpose.

The unified government hereby declares as a matter of legislative determination that:

(1)

Protecting the public's health and safety through the provision of high quality emergency medical service and nonemergency (routine transport) ambulance service constitutes an important and legitimate governmental interest of the unified government board of commissioners.

(2)

Clinical studies demonstrate that patients have a higher potential for survival and recovery in communities utilizing advanced life support (ALS) in providing emergency medical service.

(3)

The city has handled all first responder services in the city since 1974 and has provided all paramedic first responder services since 1995.

(4)

Emergency medical service is provided for patients in circumstances that call for immediate action by highly trained persons and the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of the patient.

(5)

The fixed cost of providing emergency medical ambulance service is high because expensive ALS equipment is required and because sufficient capacity to meet peak demands within an adequate response time must be maintained, even though full emergency capacity is not utilized for every request for transportation in an ambulance.

(6)

The failings and inefficiencies of multiple ambulance services competing against one another in a single market (a fragmented system) fall upon the patients whose lives and health depend upon the quality of the service provided.

(7)

Use of a private ambulance service provider for all transports in the city resulted in an increase in subsidies to the provider and lack of control of costs and response times by the unified government.

(8)

The FLSA overtime provisions that contributed to KARE being abolished are no longer an issue.

(9)

An integrated system, in which the unified government provides both the first response and transport ambulance service eliminates the incentive that is created by a fragmented system and allows the unified government more control over response times and costs.

(10)

Having the unified government provide both the first responder and transport ambulance services maximizes the level of patient care by ensuring regular access to emergency patients.

(11)

For the economic and quality of care reasons stated in this section, an integrated/single ambulance service provided by the unified government is a reasonable means of furthering the important and legitimate governmental objective of protecting the health and safety of its citizens through the provision of high quality emergency medical service and routine transport ambulance service.

(12)

The unified government desires to upgrade and improve the quality of emergency medical service available to its citizens.

(13)

An integrated ambulance system provided by the unified government provides the single best opportunity for the longterm clinical, operational and financial stability of emergency medical and ambulance transport service in the city.

(14)

Some defined and specialized ambulances services, including, but not limited to, long distances transports may be best served by the utilization of a private contractor.

(15)

In addition, the fairest and most beneficial method for the city to establish an integrated emergency medical service is to have the option to seek competitive proposals from local and national providers of emergency medical ambulance service to contract with to provide certain defined and specialized ambulance services needed within the city.

(16)

The procurement code and regulations authorize the city to solicit competitive sealed proposals for the provision of defined specialized ambulance services.

(17)

Due to the small volume of calls and highly specialized nature and need for specialized equipment of neo-natal and pediatric transports from hospitals located in the city, these calls may best be served by the free market unless initiated by a 911 call.

(18)

K.S.A. 65-6101 et seq., entitled Emergency Medical Services, establishes a comprehensive state regulatory scheme related to the emergency medical services that regulates the provision of ambulance transport service in the state and specifically authorizes local governments to operate ambulance transport services and adopt additional and supplemental regulations related to ambulance services within their jurisdiction including licensing.

(19)

K.S.A. 65-6116 specifically authorizes the governing body of any municipality operating an emergency medical service or ambulance service to exercise broad powers, including the power to enter into a contract for emergency medical and ambulance services with any person.

(20)

Article 5, section 12 of the state constitution vests cities within the state with the broad home rule power to "determine their local affairs and government."

(21)

In adopting Ordinance No. O-33-04, as amended by Ordinance No. O-42-04, the city is acting pursuant to its specifically delegated statutory and its home rule powers.

(Code 1988, § 5-1; Ord. No. O-33-04, § 1, 5-6-2004; Ord. No. O-42-04, § 1, 6-17-2004)