Loading...
Ordinance 2015COUNCIL BILL N0. 1132 ORDINANCE N0. 2015 AN ORDINANCE GRANTING WOODBURN AMBULANCE SERVICE, INC., A NON-EXCLUSIVE FRANCHISE TO OPERATE AN AMBULANCE SERVICE IN THE CITY OF WOODBURN; DEFINING TERMS AND CONDITIONS OF SAID FRANCHISE; AND REPEALING ORDINANCES 1899, 1960, AND 2012. WHEREAS, The City of Woodburn has previously granted to Woodburn Ambulance Service, Inc. a franchise to operate an ambulance service within the corporate boundaries of the City; and WHEREAS, ORS 823.220 provides that a city may regulate ambulance services by ordinance; and WHEREAS, ORS 221.911 requires at least two Council meetings for consideration of an ordinance granting a franchise for any purpose; and WHEREAS, a city is authorized to franchise and charge carriers providing vehicles for hire, including those services of an ambulance, provided said carriers meet the standards of the P1arion County Ambulance Service Area Plan; and WHEREAS, on February 13, 1989, the Woodburn City Council held a public hearing to consider granting bloodburn Ambulance Services, Inc. a non-exclusive franchise to operate an ambulance service in the City of Woodburn; and WHEREAS, it is in the public interest of health, safety, and welfare to provide for and regulate the use of ambulance services; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. TITLE. This Ordinance shall be known as the "Ambulance Service Franchise Ordinance." Section 2. POLICY AND PURPOSE. It is declared to be in the public interest of health, safety, and welfare to provide for and regulate ambulance services within the city of Woodburn to: (1) Ensure effective and efficient emergency ambulance services to our citizens; (2) Comply with the provisions of the Marion County Ambulance Service Area Plan. Pursuant to ORS 823.220, this ordinance shall not be interpreted to require less than is required of Grantee by the applicable Oregon Revised Statutes and administrative rules. Any inconsistency between the provisions of this ordinance and Oregon state law shall be governed by Oregon state law. Page 1 - COUNCIL BILL N0. 113?_ ORDINANCE N0. 2015 Section 3. DEFINITIONS. The words and phrases in this ordinance shall have the meaning provided in ORS Chapter 823 unless specifically defined herein to have a different meaning. Other specific definitions include: (1) "City" - The City of 4oodburn. (2) "Franchise" - A privilege granted by the City pursuant to this Ordinance. (3) "Grantee" - The person granted the franchise pursuant to this ordinance. Section 4. FRANCHISE GRANTED. The City hereby grants unto Woodburn Ambulance Services, Inc. the franchise, right, and privilege, subject to such modifications as are hereinafter set forth, to operate an ambulance service within the corporate limits of the City of Woodburn, as such limits now exist or may hereafer be expanded. For the purpose of the franchise, the grantee shall have the right to use the public streets, alleys, public ways and places of the City to provide emergency transportation of persons suffering from illness, injury, or disability. This franchise is not exclusive, and the City reserves the right to grant a similar use of public streets, alleys, public ways and places to any other person at any time during the period of this franchise, provided said person complies with the regulations of the P1arion County Ambulance Service Ordinance and with Oregon state law. Section 5. FRANCHISE TERM. The rights, privilege, and franchise herein granted shall be valid from the date of issuance until January 31, 1995. Thereafter, unless the City finds that a longer or shorter term is required in the public interest, the term of franchise shall be six (6) years beginning on February 1, of a year and ending on January 31 six years later. Section 6. RATES AND Ct1ARGES. Grantee shall furnish ambulance service within the corporate limits of the City of Woodburn as requested and required in a prompt, efficient, and effective manner; and in accordance with rates and charges made to persons receiving ambulance service as approved by the City Council by separate resolution following public notice and hearing. In determining the appropriate rate to be charged by the grantee, the City Council shall consider, but not be limited to: (1) The current and projected cost of service provision; (2) The impacts of operating and capital needs, regulatory compliance, and technological change; (3) The investment and rate of return considerations by the grantee. (4) The rates charges in orther cities for similar service; (5) The public interest in assuring reasonable rates to enable the grantee to provide effective and efficient services. Page 2 - COUNCIL BILL N0. 1132 ORDINANCE N0. 2015 Section 7. COPIPLIANCE WITH LAWS, RULES, AND REGULATIONS. Grantee shall at all times comply with all applicable laws, rules, and regulations of the United States of America, the State of Oregon, and the City of Woodburn, including all agencies and subdivisions thereof, having jurisdicition over the operation of ambulance services. Section $. PERFORMANCE BOND. Grantee shall furnish to the City of Woodburn a performance bond in sufficient amount and with sufficient sureties thereon, acceptable to the City of Woodburn to insure the faithful performance by the grantee of the ambulance service for which this franchise is awarded and, in default thereof for any reason other than financial inability to perform, shall pay to the City of Woodburn the sum of $5,000.00 as liquidated damages, not as a penalty but as actual damages, both parties recognizing this amount as reasonable, for the failure of grantee to so perform. Section 9. REVISION OF RATES AND FEES. The rate provided in Section 6 hereof, and the franchise fee hereinafter provided in Section 10, may each be changed and revised, either upward or downward, after public notice and hearing before the City Council. Grantee is permitted to request a rate review and possible increase in rates annually, but the decision to grant or deny any change in rates shall be made by the City Council only after all other provisions of this ordinance pertaining to rate charges have been met. Section 10. FRANCHISE FEE. For the privilege or franchise herein granted, the grantee shall pay to the City of Woodburn, payment to be made to the Finance Director, a fee equal to one percent (1.0%) of the gross receipts collected each year by the grantee for patients picked up vrithin the corporate limits of the City of Woodburn. Such payment shall constitute the tax for the first franchise year; and annually thereafter on the first day of each February, the grantee shall pay the annual tax based upon the gross receipts during the last preceding franchise year, which payment shall constitute the tax for the previous franchise year. The grantee shall furnish to the Finance Director, at the time of making the annual payment a complete statement setting forth the gross receipts received by the grantee during the preceding franchise year, and if requested by the City Council, the grantee shall permit the City to have an accountant or auditor examine the books of the grantee. Section 11. AMBULANCE AND EQUIPMENT REQUIRED. All patient transporting vehicles in the City of Woodburn shall conform to the State of Oregon requirements ORS 823.010 to 823.250 and be licensed for an Advanced Life Support (ALS) unit or Basic Life Support (BLS) unit, whichever is applicable, as defined by ORS 677.610. All ALS and BLS vehicles shall maintain the minimum equipment prescribed by ORS 823.010 to 823.250 and OAR 333-28-000 to 333-28-050 Section 12. EMERGENCY RADIO COMMUNICATIONS. Grantee shall equip and comply with all emergency radio communications requirements of Chapter III Communications contained in the P~arion County Ambulance Service Area Plan. Page 3 - COUNCIL BILL N0. 1132 ORDINANCE N0. 2015 Section 13. LEVELS OF CARE. The minimum staffing of BLS vehicles is a driver and an attending EF1T I. The EMT will always perform responsibilities of patient care in the patient compartment. The minimum staffing of ALS vehicles is an attending EMT III and EMT I. Staffing shall conform to the requirements of ORS 823.010 to 823.250. Section 14. INSURANCE. The grantee shall not provide ambulance services unless insured by an insurance company licensed to conduct a liability insurance business in the State of Oregon and insuring the grantee for liability for injury to persons for not less than $100,000.00 to any person, and $500,000.00 in any single accident, and $50,000.00 for damage to property, arising out of any negligence in the operation of any such ambulance or of its personnel. Evidence of such insurance being in force shall be filed with the Finance Director of the City. Section 15. BUSINESS HOURS. Grantee shall make available said ambulance services within the City 24 hours per day, seven days per week; and shall maintain a business office with reasonable office hours within the corporate limits of the City of Woodburn. Section 16. RECORD OF TRANSPORT CALLS Grantee shall keep for five years a written record of all transport calls received or made, setting forth the date, time, destination, nature of call, name and address of the patient so far as can be ascertained, the hospital or place to which the patient was taken, the name of the ambulance driver, and the name of all ambulance attendants for that particular call. Section 17. DISINFECTION POLICY. Grantee's ambulances carrying a patient afflicted with a contagious or infectious disease shall thereafter be carefully and fully fumigated or disinfected in its passenger compartment, and any equipment likely to have been contaminated shall likewise be fumigated or disinfected before being used for another patient. Section 18. ALTERNATE AMBULANCE SERVICE. The L+loodburn Fire District, the North Marion 9-1-1 Communication Center, or any other public entity may call an ambulance service other than the grantee if the grantee is unavailable. Further, in emergency situations, in the event that the grantee is unavailable, a patient may be transported to a hospital by an ambulance service other than the grantee or by the Woodburn Fire District's rescue vehicle. Section 19. TRANSFER OF FRANCHISE. Grantee shall not sell, assign, dispose of or transfer in any manner whatsoever any interest in this franchise nor the controlling company of the grantee without prior approval by the City of Woodburn expressed by resolution of its governing body. Section 20. INDEMNITY AND HOLD HARMNLESS. The grantee shall indemnify the City of Woodburn, the City Council, any employees or agents of the City and hold them harmless from all loss, damage, claim, expense or liability arising out of the operation by the grantee under its franchise. Page 4 - COUNCIL BILL N0. 1132 ORDINANCE N0. 2015 In the event that any suit or action is brought for injury or damage to persons or to property against any of the foregoing, based upon or alleged to be based upon any loss, damage, claim, expense or liability arising out of the operation of the grantee under this franchise, the grantee shall defend the same at its own cost and expense. Section 21 PREVENTING INTERUPTION OF SERVICE. In the event the governing body of the City finds that the failure or threatened failure of service would adversely impact the health, safety, or welfare of the residents of this City, the City Council may, after a minimum of 24 hours notice to the grantee, hold a public hearing and have the right to authorize another franchisee or other person to provide the services whether it be on an interim emergency or longer term basis. As a condition to this franchise, the grantee agrees that any real property, facilities or equipment may be used by the City to provide services during said emergency situation as determined by findings of the City Council at the above mentioned hearing. The city shall return any such property of the grantee upon abatement of the emergency situation. In the event the power under this section is exercised, the usual charges for service shall prevail and the grantee shall be entitled to collect for such usual services, but shall reimburse the emergency provided of such ambulance services for its actual costs, as determined by the City. In no event shall the City be able to collect more in reimbursement than could have been charged by the grantee for the provision of such services. In the event that the City and grantee are unable to agree to reasonable and proper compensation per reimbursement for such services to the City in such emergency situation, then each party shall name an arbitrator within 10 days of notice thereof, and such arbitrators within 5 days thereafter name a third arbitrator, and the award or decision of such arbitrators as to the aforesaid matters shall be deemed conclusive upon the parties hereto as to any such matters in dispute. In the event that either party hereto, or the arbitrators chosen, shall fail or neglect to comply with the terms of this arbitration agreement, then the same shall be carried into effect in the manner and as provided by ORS 33.210 through 33.340. Section 22. TERMINATION OF FRANCHISE. This Franchise may be cancelled or revoked by the City of Woodburn in the event that the grantee shall fail to abide by the terms, conditions, and obligations set forth and imposed upon it herein, but such revocation shall not be made until 30 days certified written notice is given to the grantee, and the grantee shall be afforded a hearing, if such it desires, before the City Council before revocation is made, provided such hearing is requested before the expiration of the 30 days. The grantee shall also have the privilege of terminating this franchise in case the City of Woodburn shall not abide by its terms. Section 23. REMEDIES NOT EXCLUSIVE. All remedies under this ordinance, including termination of franchise are cumulative, and recovery or enforcement of one is not a bar to the recovery or enforcement of any other remedy. Remedies contained in this ordinance, including termination of the franchise, Page 5 - COUNCIL BILL PJO. 1132 ORDINANCE N0. 2015 are not exclusive and the City reserves the right to enforce penal provision of any ordinance and also use any remedy available at law or in equity. Failure to enforce any provision of this ordinance shall not be construed as a waiver or a breach of any other term, condition or obligation of this ordinance. Section 24. EVALUATION OF SERVICE. The grantee shall meet with the City Administrator and other City officials and staff annually or semi-annually, as requested by the City Administrator, to evaluate the service rendered or review any concern as may be existing with the ambulance service. Section 25. SEVERABILITY. The provisions of this ordinance are severable. If a portion of this ordinance is for any reason held by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remaining portions of the ordinance. Section 26. REPEAL. Ordinance 1899, 1960 and 2012 are hereby repealed. Approved as to form: ~~~ ~ ~ ~~ City Attorney Date APPROVED: ~ .~ , ~,, Na cy A. ~lCi rksey, Mayor Passed by the Council Submitted to the h1ayor Approved by the Playor Filed in the Office of the ATTEST: ~r~lr ~r< c' , ~,~/ r~: Barney ,0`. Burris, City of Woodburn, Recorder ~_,; f..~__f Recorder Oregon February 27, 1989 March 1, 1989 March 1, 1989 March 1, 1989 Page 6 - COUNCIL BILL N0. 1132 ORDINANCE NO. 201