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Ord 1899COUNCIL BILL NO 833 ORDINANCE N0. 1899 AN ORDINANCE GRANTING RANDY C. GARNER, DBA WOODBURN AMBULANCE AND HEALTH CARE, EXCLUSIVE FRANCHISE TO OPERATE AN AMBULANCE SERVICE IN THE CITY OF WOODBURN; DEFINING THE TERMS AND CONDITIONS UPON WHICH THE FRANCHISE IS GRANTED; SETTING FORTH THE RATES FOR AMBULANCE SERVICE THAT MAY BE EXACTED BY THE GRANTEE; DEFINING CERTAIN TERMS; PROVIDING FOR THE REVOCA- TION OF THE FRANCHISE; REPEALING ORDINANCES 1742, 1855, 1882; AND DECLARING AN EMERGENCY. WHEREAS, the City of Woodburn has granted to Woodburn Ambulance and Health Care a franchise to operate an ambulance service within the corporate boundaries of the city, and WHEREAS, the Woodburn Rural Fire Protect~.on District, with voter approval, annexed the City of Woodburn and is responsible for pro- viding fire protection and emergency medical services to the City, and WHEREAS, certain language contained in Ordinance 1742 implies that the City of Wodoburn provides emergency medical services which are now provided by the Woodburn Rural Fire Protection District, and WHEREAS, the ambulance advisory committee met with the franchisee and the City Administrator to address languange changes in the ordinance, NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. The City of Woodburn hereby grants unto Woodburn Ambulance and Health Care, hereinafter referred to as the "grantee", exlcusive 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 hereafter be expanded, for a period of five years, beginning February 1, 1984, Page 1 - COUNCIL BILL N0. 833 ORDINANCE N0. 189 Section 2. Grantee shall furnish ambulance service within the corporate limits of the City of Woodburn, where such service is requested and required, promptly and with dispatch. The maximum rates and charges to be made to persons receiving ambulance service are as follows: Base rate - Basic Life Support $ 89.00 Base Rate - Advanced Life Support 104.00 Night or Holiday Rate%<%< 25.00 Patient Miles, per mile 4.50 Responding Miles, per mile 4.50 Metered Time, per minute 1.00 Oxygen Service 12.00 Splints 7.00 Traction Splint Charge 7.00 Orthopedic Stretcher Service 7,00 I.V. Start & Maintain 25.00 I.V. Maintain only 5,00 I.V. Supplies-Unsuccessful attempt 10.00 EKG Monitoring 25.00 Defribrillation/Synch. Shock 35,00 Endotracheal Incubation 25.00 Endotracheal Tubes 8,00 Oral Airways 3,00 Oxygen Mask 3.00 Oxygen Canula 2.50 Ice or Heat Packs, each 2.50 Burn Sheets, each 11.00 Cervical Co11ar 12.00 Sterile Water or Saline, liter 6.75 Emergency Child Birth Ki.t 1.6.00 Poison Antedote Kit 7.50 Ace Elastic Bandages 3.50 Rotating Tournequets 5.00 Bag Maslc Resuscitation 15.00 Blood Sample Drawn 8,00 Suctioning 16.00 K.E.D. Extrication Device Charge 25.00 Mast Pants Usage Charge 35.00 ~° Advance Life Support Rate is equal (under the previous franchise terminology) to the Base Rate + Emergency Charge. The Emergency Charge has thereby been eli_min.ated from the r. ate structure, which will improve Medicare reimbursements to tl~e patients. <>~ This new charge is 100% allowable by Medicare, minimizing the effect of the increase to retired. patients. Page 2 - COUNCIL BILL N0. 833 ORDINANCE N0. 189° Section 3. Grantee shall furnish to the City of Woodburn a 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 $3,000.00 as liquidated damages for the failure of grantee to so perform. Section 4. The rate provided in Section 2 hereof, and the license fee hereinafter provided in Section 5, may each be changed and revised, either upward or downward, after public hearing before the City Council; and a.ny revised rates shall be fixed so as to accord the grantee a reasonable rate of return and to insure efficient and beneficial service to the City. 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_.:ha:~e._been.met. Section 5. For the privilege or franchise herein granted, the grantee shall pay to the City of Woodburn, payment to be made to the City Treasurer, a fee equal to one-tenth of 1 percent of the gross receipts collected each year by the grantee for patients pinked up within 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 City Treasurer, at the time of making the annual payment a complete statement setting forth. the gross receipts Page 3 - COUNCIL BILL N0. 833 ORDINANCE N0. 189c 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 6. The grantee shall provide, maintain and use adequate ambulances, motor vehicles and equipment so as to provide good and satisfactory ambulance service in the City of Woodburn and will provide and maintain at least one motor vehicle-ambulance, hereinafter referred to as a "Class A" ambulance, which shall be of the the five-door type with a partition between the driver_ and patient compartment., having a length in the patient compartment of not less than 7~ feet interior measurement between the partition and rear at cot level, and having a height in the interior of the patient compartment sufficient to a11ow a patient to be placed in a full sitting position while on an ambulance cot. The grantee may also provide and maintain a motor vehicle-ambulance, hereinafter_ designated as a "Class B" ambulance, which shall meet all structural requirements of a Class A ambulance except that it may have only three doors and no partition between the driver and patient compartment. The grantee may also provide and maintain a motor vehicle-ambulance, hereinafter designated as a "Class C" ambulance, which shall be a vehicle designed and used in transporting persons solely for the single and special purpose ofe (1) Transporting patients requiring use of an iron lung; or (2) Transporting patients capable of being transported in a wheel chair, Grantee may substitute a Class B ambulance for grantee's Class A ambulance when said Class A ambulance is being serviced. or repaired, Section. 7. Any C1_ass A or Class B ambulance sha11 'be equipped at a minimum with the equipment as required by the Oregon State Health Division including a two-way, short wave radio that is equipped t.o send and receive Page 4 - COUNCIL BILL N0.833 ORDINANCE N0. 1899 messages from the Woodburn Dispatch Center and also grantee's own base station. Section 8. Except in an emergency situation as an isolated instance, where required by the City, the grantee shall not allow any person to drive or serve as an attendant of an ambulance unless such person has been issued a permit by the City Administrator or unless such person is a Woodburn Fire District employee, Woodburn City police officer, Marion County deputy sheriff, Oregon State police officer, duly licensed doctor, registered nurse or licensed practical nurse. Section 9. The grantee shall not use any ambulance for the transportation of patients unless the ambulance, the operation thereof, and the operation of the driver and attendant and such other of the grantee's personnel in or with such ambulance, are 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 $1,000,000.00 to any person, and $x,000,000.00 in any single accident, and $1,000,000.00 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 City Recorder, Section 10. The grantee shall make available ambulance service within the City of Woodburn 24 hours per day, seven days per week, and shall maintain a business office within the city of Woodburn and shall maintain a telephone service which shall be answered by appropriate personnel at a.ll times, A telephone answering service will not satisfy this requirement, Page 5 - COUNCIL BILL N0, g33 ORDINANCE N0. 1899 Section 11, Each driver and attendant of the grantee must present a clean and neat appearance in both clothing and person to the extent that the proper performance of their duties permits, Section 12, A11 Class A and Class B ambulances must be manned by a crew of at least two persons. During the transportation of any patient, one of such persons must ride in the passenger compartment of such ambulance, Section 13. The 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 14, Any of the 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 15, The work of the grantee as herein contemplated, and the equipment used, shall be to the reasonable satisfaction of the City Council of the City of Woodburn or such. other city official as may from time to time be designated by the City of Woodburn. Section 16. Ambulance services other than the grantee may discharge patients within the City of Woodburn provided said ambulance services made their patient pickup outside of the City of Woodburn. An ambulance ser..vice other than the grantee may be substituted any time the grantee is temporarily unavailable for any reason, Page 6 - COUNCIL BILL N0, 833 ORDINANCE N0. 1899 Section 17. The Woodburn Fire District, as operator of a first aid and rescue car, may call an ambulance service oth~ if the grantee is unavailable. Further, in emergency the event that the grantee is unavailable, and in the Woodburn first aid and rescue car picks up a patient, be given full transport by the Woodburn first aid and transfer to the grantee, enroute. 'r than the grantee situations, in event that the the patient may rescue car, without Section 18. In the event that the operator of the Woodburn first aid and rescue car finds that an accident victim desires to be taken to a local physician, rather than to a hospital, and in the event that the operator of the Woodburn first aid and rescue car determines that the accident victim is ambulatory and should not be left alone at the scene of the accident, the operator of the Woodburn first aid and rescue car may transport the patient to a local physician, without calling the grantee. The word "physician", as used in this section shall include all pracitioners of the healing arts, Section 19. This franchise and anything pertaining thereto may be assigned and transferred by the grantee to a third party after approval by the City of Woodburn expressed by resolution of its governing body, Section 20. The grantee will hold the City of Woodburn harmless and indemnify the City of Woodburn from any liability or obligation incurred by the City of Woodburn in connection with or arising out of the grantee`s operations of debts in the performance of this ambulance service franchise, or debt arising in connection therewith, Page 7 - COUNCIL BILL N0. 833 ORDINANCE N0. 1899 Section 21. The City of Woodburn, through its appropriate officers, shall take all appropriate steps, within the power of the City of Woodburn, to protect the exclusive right and interest hereby given to the grantee and shal7_ cooperate in all particulars with the grantee in protecting such exclusive right and shall, if deemed necessary, pass such additional ordinances as may be required to make this franchise of the grantee exclusive and to enforce such ordinances, Section 22. Immediately upon the annexation to the City of Woodburn of additional territory, the City of Woodburn shall take such steps as may be necessary to give the grantee the exclusive right to operate an ambulance service within such area; and the City shall notify any other ambulance service in such area to cease such service on or before 90 days from the date of such notice, Provided, however, the grantee shall endeavor to arrive at a mutually satisfactory agreement with any such ambulance service in any such newly annexed area concerning the ambulance service therein; and in case the grantee and such ambulance service cannot reach an agreement concerning the ambulance service in such newly annexed area, such matter_ tray be submitted to arbitrators, the grantee appointing one arbitrator, the City appointing one arbitrator, and the ambulance service or ambulance services affected in the newly annexed area having the privilege of appointing one arbitrator. The decision of such arbitrators shall be binding upon all parties to the arbitration, and the award made by them shall be final, In the event of such a.rbitrati..on, the payment of money by the grantee to such other ambulance service is contemplated, It is understood that no payment sha11 be required for the privilege of operating an ambulance service if the local ambulance service has operated in the newly annexed terr.itory_ for less than six months. Page 8 - COUNCIL BILL N0. 833 ORDINANCE N0, 1899 Section 23. This franchise may be cancelled or revoked by the City of Woodburn in the event that the by the grantee shall fail to abide terms set forth and contained herein, or shall fail to the obligations imposed upon it herein perform fail to °r in case the grantee meet the shall requirements of public convenience and necess' an overall standpoint in the o lty from Aeration of City, or for an ambulance service in the failure to adequately meet the residents of reasonable demands of the any section such of the City for ambulance service service may be un even profitable• though until 30 da , but such revocation shall Ys written notice is nOt be made given to the be mailed and addressed to grantee' which notice ma it at Woodbur Y be afforded n, Oregon; and the a hearing, if such grantee shall it desires, before the Cit revocation is made, provided Y Council before such hearin of the 30 da g is requested before the ex Ys, The grantee Piration shall also have the this franchise privile in case the ge °f terminating City of Woodburn shall not abide b During the aforesaid 30-day period Y its terms. its option use so the City shall have the right, at to much of the grantee' necessary in order s equipment as shall to assure be reasonably a continuit of ambulance Serv. Y in the providing and rendering Ice within the to be apid b Cit he City with reasonable and proper compensati Y the Y to t grantee for °n of said e such use, quipment by the Cit The temporary use Y shall contain acquisition b no Implication of Y the Cit Permanent Y• In the event that the City uses the equipment as herein provided, the Cit grantee's agree between Y and the grantee are themselves unable to as to the reasonable and proper com to be paid to the grantee for Pensation such use, then either party hereto ma name an arbitrator and within 10 da Y hereto Ys of notice thereof shall likewise ~ the other name an arbitrator• party Page g , and such arbitrators shall, COUNCIL BILL N0. 833 ORDINANCE N0. 1899 within five days thereafter, name a third arbitrator, and the award or decision of such arbitrators as to any of 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 24. The grantee shall charge patients only for services actually performed. Section 25, The grantee will 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 discuss any problem as may be existing with the ambulance service. Section 26, Grantee will charge any patient for the dispatch of the ambulance mileage from the parking barn of the ambulance t:o. the location of the patient, and to the hospital or clinic where delivered; but grantee shall not charge patients for the return trip to the parking barn. Section 27. Grantee further agrees to comply with all the laws of the State of Oregon and rules of all State agencies having juris- diction over the operation of ambulances within the City of Woodburn and the State of Oregon. Section 28, Ordinance 1742, 1855, and 1882 are hereby repealed, Section 29, This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval,(by the Mayor. Approved as to form: /!~ _ ~®~ ~~ . City Attorney Date Page 10 - COUNCIL BILL N0, 833 ORDINANCE N0. 1899 - r ~ ' ~~,~'' ~ ti.~ APPROVED: r rte.-<"'~ ~- 'rM~~ _. .. ~', ~°` ~ -- _~ ,~. r"f WILLIAM J. COS,'~T~NE, MAYOR ~,_: APPROVED: , R dy C. arner, dba Woodburn Ambulance and Health Care, Franchisee 10/8/84 Passed. 'by the Council. Submitted to the Mayor. Approved by the Mayor Filed in the Office of the Recorder ATTEST. '` ~ '~' ~~ r BARNEY 0 BURI:'IS , Recorder City of ~ood.burn, Oregon. October 8, 1984 October 9, 1984 October 9, 1984 October 9, 1984 Page 11 - COUNCIL BILL N0. 833 ORDINANCE N0. 1899