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Commission cites court precedent allowing negotiation with ambulance providers after RFP failure
Summary
During work session commissioners referenced a Mobile-area court case they said permits direct negotiation with ambulance companies when a competitive procurement does not yield a contract, preparing the legal basis for planned negotiations.
Commissioners referenced a court case in the Mobile area during discussion of ambulance procurement and said the ruling allows counties to negotiate directly with ambulance providers as an alternative to awarding a contract through a public RFP process.
A commissioner described the case during the work session and said the legal precedent permits negotiation and contract agreement rather than requiring the county to operate an ambulance service in-house. "A court case in Mobile sometime back says that you do not have to be at ambulance service. You can contract negotiate in contract with an ambulance service to provide," the commissioner said. Commissioners did not cite a specific case name or citation in the meeting.
The legal point was raised to justify a proposed resolution that would authorize the chairman to begin negotiations with certified ambulance providers; any negotiated agreement would still be returned to the Commission for a public vote. The Commission did not attempt to interpret or apply the case in detail at the work session and asked staff and counsel to prepare appropriate documents for the forthcoming resolution and negotiation period.
No formal legal opinion or citation was provided during the session; commissioners asked that the chairman be authorized to begin negotiations and that any contract be returned for Commission approval.
