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Ord 2158 - Wbn Ambulance Franch COUNCIL BILL NO. 1672 ORDINANCE NO. 2158 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 2015. 2137. AND 2143; 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 823.220 provides 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 Council determines it to be in the public's 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 Puroose. 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 citizens of Woodburn; and (2) Comply with the provisions of the Marion County Ambulance Service Area (ASA) 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 Page 1 - COUNCIL BILL NO. 1672 ORDINANCE NO. 2158 law shall be governed by Oregon state law. Section 3. Definitions. The words and phrases used 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) "ASA Plan" - The Marion County Ambulance Service Area Plan developed and implemented pursuant to Marion County Ordinance No. 996. (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 five (5) 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 five 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 Charaes. Grantee shall furnish ambulance service within the corporate limits of the City of Woodburn as requested and required in a prompt, Page 2 - COUNCIL BILL NO. 1672 ORDINANCE NO. 2158 ~---""...._-_.-.~~.~'----'_._...."_._- 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 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. Comoliance 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. Grantee shall furnish to the City a performance bond, in sufficient amount and with sufficient sureties thereon, acceptable to the City 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 the sum of $10,000.00 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 rates provided in Section 6 hereof, and the administrative 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 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. Administrative Fee. For the privilege of the Franchise herein granted, and as compensation for the City's ongoing costs of monitoring the Franchisee's activities, processing rate changes and investigating citizen complaints or inquiries, the Grantee shall pay to the City, through its Finance Director, a quarterly administrative fee of $2,000, due and payable no later than thirty (30) days following Page 3 - COUNCIL BILL NO. 1672 ORDINANCE NO. 2158 ..-.,---...-.."..-.-- the end of each calendar quarter. The first such payment, for the fourth calendar quarter of 1995, shall be due and payable no later than January 30, 1996, with subsequent payments under this section due and payable no later than thirty (30) days following the end of each succeeding calendar quarter. Beginning with the payment due thirty (30) days after the close of the first calendar quarter of 1998, the quarterly Administrative Fee described in this Section shall increase to $2,500 and remain at that level for the duration of this Franchise, unless subsequently modified by ordinance. The Administrative Fee for the final calendar quarter during which this Franchise is in effect shall be due and payable no later than thirty (30) days following the expiration of this Franchise. 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. Section 11. Ambulance and EauiDment Reauired. All patient transporting vehicles in the City of Woodburn shall conform to the State of Oregon requirements of ORS 823.010 to 823.250 and be licensed for an Advanced Life Support (ALS) unit as defined by ORS 677.610. All ALS and BLS vehicles shall maintain the minimum equipment prescribed by ORS 823.010 to 823.250, OAR 333-28-000 to 333-28- 050, or 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 ORS 823.010 to 823.250. Section 14. Insurance. 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 Grantee for liability for injury to persons for not less than $100,000.00 to any person, $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. Upon the granting of this Franchise, and Page 4 - COUNCIL BILL NO. 1672 ORDINANCE NO. 2158 thereafter on January 1 of each calendar year during the term of this Franchise, Grantee shall obtain and file with the Finance Director of the City a Certificate of Insurance evidencing the insurance required by this Franchise. 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 Transoort 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 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. Indemnitv 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. InterruDtion 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 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 Page 5 - COUNCIL BILL NO. 1672 ORDINANCE NO. 2158 -~_-- "-'.'-'.'__'__0-__. u-.-.-r--.......--~-".. 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 33.210 through 33.340. Section 21. Termination of Franchise. This Franchise may be cancelled 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, and 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. Grantee shall also have the privilege of terminating this Franchise in case the City of Woodburn shall not abide by its terms, on the same 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 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. Page 6 - COUNCIL BILL NO. 1672 ORDINANCE NO. 2158 ._ ""~'"U_~_"_._"~"""_~"" Section 24. Severabilitv. 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. ReDeal of Existing Ordinances. Ordinances 2015, 2137 and 2143 are hereby repealed. Resolution No. 1163, setting rates and charges for services provided by Grantee, shall continue in force under this Franchise until subsequently amended or repealed. Section 26. AcceDtance. 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 n, 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, an emergency is declared to exist and this ordinance shall take effect on October 1, 1995 and shall remain in effect until mOdifa-;~~~y ordinance of th City ouncil. Approved as to for;;v1 ~ q Z / c:; S- City Attorney Da e APPROVED: September 25, 1995 September 26, 1995 Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder September 26. 1995 September 26, 1995 ATTEST: 7 c:u.- Mar ennant, City Recorder City of Woodburn, Oregon Page 7 - COUNCIL BILL NO. 1672 ORDINANCE NO. 2158 -----+-_._....__.__._--,~-_...,..~_..- EXHIBIT "A" ACCEPTANCE OF FRANCHISE WHEREAS, the City of Woodburn, Oregon under date of September 25, 1995 passed Ordinance No. Zl5B.... 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 ORDINANCES 2015,2137, AND 2143; 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. 2158 and agrees 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 ,1995. WOODBURN AMBULANCE SERVICE, INC. By: Printed Name: Title: Received by the City of Woodburn, this day of ,1995. CITY OF WOODBURN By: Printed Name: Title: