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Ord 2494 - Woodburn Ambulance FranchiseCOUNCIL BILL NO. 2904 ORDINANCE NO. 2494 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; REPEALING ORDINANCE 2324; DECLARING AN EMERGENCY AND SETTING AN EFFECTIVE DATE 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 682.031 acknowledges that a city may regulate ambulance services by ordinance; and WHEREAS, a city is authorized to franchise and charge carriers providing vehicles for hire, including the services of an ambulance, provided said carriers meet the standards of the Marion County Ambulance Service Area Plan; and WHEREAS, the City Council determines it to be in the public interest 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 The Council declares it to be in the public's 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 service to the residents of Woodburn; and (2) Comply with the provisions of the Marion County Ambulance Service Area (ASA) Plan. Pursuant to ORS 682.031, 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 No. 2904 Ordinance No. 2494 Section 3. Definitions The words and phrases used in this ordinance shall have the meaning provided in ORS Chapter 682 unless specifically defined herein to have a different meaning. Other specific definitions include: (1) "ASA Plan" - The Marion County Ambulance Service Area Plan. (2) "City' - The City of Woodburn (3) "Franchise" - A privilege granted by the City pursuant to this ordinance. (4) "Grantee" - The person granted a franchise pursuant to this ordinance. Section 4. Franchise Granted The City hereby grants unto Woodburn Ambulance Service, 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 hereafter be expanded. For the purpose of the franchise, 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 ASA Plan and with Oregon state law. Section 5. Franchise Term The rights, privilege and Franchise herein granted shall be valid for a period of ten (10) years following the effective date, or until expiration of any franchise or designation of service area granted pursuant to the ASA Plan, whichever occurs first. If the ten year period described herein occurs first, the term of this franchise may be extended, by ordinance, to a subsequent date coinciding with the expiration of any franchise granted pursuant to the ASA Plan, provided that a finding is made by the City that Grantee has fully complied with the terms and provisions of this Franchise and remains in good standing in respect to any such franchise granted pursuant to the ASA Plan. Section 6. Rates and Charges 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 Page 2- Council Bill No. 2904 Ordinance No. 2494 charges made to persons receiving ambulance service as set forth by Council Resolution 1985. In determining the appropriate rates to be charged by Grantee, the City Council shall consider, but not be limited to: (1) The current and projected cost of providing such service; (2) The impacts of operating and capital needs, regulatory compliance, and technological change; (3) The investment and rate of return required of, or earned by, the Grantee; (4) The rates charged in other cities for similar service; (5) The public interest in assuring reasonable rates to enable the Grantee to provide effective and efficient services. Section 7. _Compliance with Laws. Rules and Reaulations Grantee shall at all times comply with all applicable laws, rules and regulations of the United States of America, the State of Oregon, including all agencies and subdivisions thereof, and the City of Woodburn, having jurisdiction over the operation of ambulance services. Section 8. Performance Bond Upon the effective date of this Franchise, Grantee shall furnish proof of the posting of a performance bond running to City, with good and sufficient surety approved by City, in the penal sum of $50,000, conditioned that Grantee shall well and truly observe, fulfill, and perform each term and condition of this Franchise. Grantee shall pay all premiums charged for the bond, and shall keep the bond in full force and effect at all times throughout the term of this Franchise. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire without 30 days prior written notice first being given to City. The bond shall be reviewed and approved as to form by the City Attorney. Section 9. Revision of Rates and Fees The rates provided in Section 6 hereof, may 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 increases in rates annually, but the decision to grant or deny any changes in rates shall be made by the City Council only after all other provisions of this Ordinance pertaining to rates and charges have been met. Section 10. Franchise Fee For the privilege of the Franchise herein granted, and as compensation for use of the City's streets and rights of way, the Page 3- Council Bill No. 2904 Ordinance No. 2494 Grantee shall pay to the City, through its Finance Director, a quarterly Franchise Fee based on the Franchisee's gross revenue derived from calls for service within the City of Woodburn's city limits for the calendar year ended the previous December 31. The quarterly Franchise Fee will be calculated as one percent (1.0 %) of the Franchisee's gross revenue earned in Woodburn divided by four (4). The Franchise Fee shall be due and payable no later than thirty (30) days following the end of each calendar quarter. The first such payment, for the fourth calendar quarter of 2012, shall be due and payable no later than January 30, 2013, with subsequent payments under this section due and payable no later than thirty (30) days following the end of each succeeding calendar quarter. To facilitate the City's ability to properly monitor this Franchise, Grantee shall furnish to the City's Finance Director, no later than May 31st of each year, a detailed annual statement, signed by a Certified Public Accountant, outlining the nature of Grantee's revenues and expenditures during the preceding calendar year. If requested in writing by the City, the Grantee shall, upon provision of reasonable advance notice, permit the City's Finance Director, or designee, to examine the books of the Grantee. The City shall further have the right to audit Grantee's records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities. Section 11. Ambulance and Equipment Required All patient transporting vehicles in the City of Woodburn shall conform to the State of Oregon requirements of ORS Chapter 682 and be licensed for an Advanced Life Support (ALS) unit as defined by The Oregon Administrative Rules. All ALS and BLS vehicles shall maintain the minimum equipment prescribed by state law, and as may be further required under the ASA Plan. Grantee shall provide a minimum of two (2) operable and properly equipped ALS Units at all times. Section 12. Emeraencv Radio Communications Grantee shall equip all vehicles and comply with all emergency radio communications requirements of the ASA Plan or of the Intergovernmental Agreement creating the NORCOM emergency communications agency. Section 13. Levels of Care All ambulances answering 9 -1 -1 emergency calls originating in the City of Woodburn shall be ALS Level, with minimum staffing of one EMT - Paramedic and one EMT - Basic. Staffing shall further conform to the requirements of state law. Section 14. Insurance Grantee shall maintain in full force and effect at its own cost and expense, during the term of the Franchise, Comprehensive Page 4- Council Bill No. 2904 Ordinance No. 2494 General Liability Insurance in the amount of $1,000,000 combined with a single limit for bodily injury, and property damage. Grantee shall provide to the Finance Director a Certificate of Insurance designating the City of Woodburn as an additional insured. Such insurance shall be noncancellable except upon thirty (30) days prior written notice to 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, open to the public at least five days per week, excluding holidays, 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 names of all ambulance attendants for that particular call, along with the amounts of charges billed or collected from any such transport or service. Section 17. Alternative Ambulance Service The Woodburn Fire District, NORCOM, or any other public safety officer may call an ambulance service other than the Grantee if Grantee's ambulances are otherwise in use and unavailable. Section 18. 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 Grantee, without prior approval by the City expressed by resolution of its City Council. Section 19. Indemnity and Hold Harmless Grantee shall defend, indemnify, and hold the City of Woodburn, its officers, agents and employees, harmless against all liability, loss or expenses, including attorney's fees, and against all claims, actions or judgments based upon or arising out of damage or injury (including death) to persons or property caused by any act or omission or an act sustained in connection with the performance of Grantee under its Franchise. Section 20. Interruption of Service Notwithstanding any requirements contained in the ASA Plan, in the event the City finds that failure or threatened failure of ambulance 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 authorize another Franchisee or other person to provide ambulance service, whether it be on an Page 5- Council Bill No. 2904 Ordinance No. 2494 interim emergency or longer term basis. As a condition to this Franchise, the Grantee agrees that any real property, facilities or equipment, which is the property of Grantee, may be used by the City to provide ambulance services during said situation, as determined by the findings of the City Council at the above - mentioned public hearing. The City shall return any such property of the Grantee upon abatement of the situation which prompted City use of such property. In the event the City's power and authority under this section is exercised, the usual charges for service shall prevail and Grantee shall be entitled to collect for such usual services, but shall reimburse the provider of such ambulance services for its actual costs, as determined by the City. In no event shall the City collect more in reimbursement than could have been charged by Grantee for the provision of such services. In the event that the City and Grantee are unable to agree to reasonable and proper compensation for reimbursement for such services to the City in such situation, then each party shall name an arbitrator within ten (10) days of notice thereof, and such arbitrators shall, within five (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 36.600 through 36.740. Section 21. Termination of Franchise This Franchise may be canceled or revoked by the City in the event that Grantee shall fail to abide by the terms, conditions, and obligations set forth and imposed upon it herein, but such cancellation or revocation shall not be made until after thirty (30) days' written notice is given to Grantee. Grantee shall be afforded a hearing, before the City Council, provided such hearing is requested in writing before the expiration of the 30 days. Grantee shall also have the privilege of terminating this Franchise in case the City of Woodburn shall not abide by its terms, on the some terms and conditions described above, upon satisfactory demonstration to the City Council that the City has not so abided. Section 22. Remedies Not Exclusive All remedies under this Ordinance, including termination of the 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, 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 Page 6- Council Bill No. 2904 Ordinance No. 2494 as a waiver or a breach of any other term, condition or obligation of this ordinance. Section 23. Evaluation of Service 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 under this Franchise or review any concern as may be existing with the ambulance service. Section 24. 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 25. Reseal of Existina Ordinances Ordinance 2324 is hereby repealed on the effective date of this ordinance. Section 26. Acceptance Grantee shall, within thirty (30) days from the date this ordinance takes effect, file with the City its written unconditional acceptance of this franchise in the form attached hereto as Exhibit "A ", and if Grantee fails to do so, this ordinance shall be void. Section 27. Emeraencv Clause and Effective Date This Ordinance being necessary for the immediate preservation of the public peace, health and safety, so that franchised ambulance service can continue, an emergency is declared to exist and this Ordinance shall take effect on October I, 2012 and shall remain in effect until modified or rescinded by ordinance of the City Council. Approved as to form: Passed by the Council Submitted to the Mayc Approved by the May( Filed in the Office of th Page 7- Council Bill No. 2904 Ordinance No. 2494 ATTEST: 'e"S19'V' Heather Pierson, Assistant City Recorder City of Woodburn, Oregon Page B-- Council Bill No. 2904 Ordinance No. 2494 EXHIBIT "A" ACCEPTANCE OF FRANCHISE WHEREAS, the City of Woodburn, Oregon under date of September 24, 2012, passed Ordinance No. 2494 entitled as follows: 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 ORDINANCE 2324; DECLARING AN EMERGENCY AND SETTING AN EFFECTIVE DATE NOW, THEREFORE, the undersigned, Woodburn Ambulance Service, Inc., the Grantee named in said Ordinance does for itself and its successors and assigns unconditionally accept the terms, conditions and provisions of Ordinance No. 2494 and agree to be bound thereby and comply therewith. IN WITNESS WHEREOF, the Woodburn Ambulance Service, Inc. has caused this instrument to be executed by its officer as below subscribed this -_ day of OGTUBeC , 2012. WOODBURN AMBUL E SERVICE, INC. B y : K gMM Printed Name: Title: 6#700 /y Received by the City of Woodburn, this ([ day of OCkj� 2012. CITY OF WOODBURN By: k� %9 rSOrl Printed Name: Title: t— Page 9- Council Bill No. 2904 Ordinance No. 2494