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HomeMy WebLinkAbout91-4 - Amending Chapter 5.14 of the Newport Beach Municipal Code Pertaining to Ambulance RegulationsNO. 91- 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.14 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO AMBULANCE REGULATIONS. The City Council of the City of Newport Beach does hereby • ordain that Chapter 5.14 of the Newport Beach Municipal Code is amended to read as follows: 5.14.010 Intent and Purpose. 5.14.020 Definitions. 5.14.030 License Required. 5.14.040 Emergency Ambulance Transportation Service Providers. 5.14.050 Emergency Ambulance Transportation Service Agreement Specifications. 5.14.060 Agreements. 5.14.070 Termination or Suspension of Agreement. 5.14.080 Business License Required. • 5.14.090 Advance Life Support Ambulance Transportation Service Providers. 5.14.100 Non - Emergency Ambulance Transportation Service Providers. 5.14.110 Permit for Drivers and Attendants. 5.14.120 File Report with Police. 5.14.130 Public Liability Insurance. 5.14.140 Violations. 5.14.010 Intent and Purpose. It is the intent of this Chapter to establish general operating procedures and standards for emergency ambulance services operating within the City of Newport Beach. The City Council, in enacting the Ordinance codified in this Chapter intends to provide a fair and impartial means of allowing responsible, private ambulance service operators to provide emergency and non - emergency services within the limits of the City of Newport Beach and to ensure that such service is prompt, efficient and reasonably priced, and in the best interest ow of the public. 5.14.020 Definitions. (a) "Advanced life support" and "basic life support service" means the same as defined in the California Health and • Safety Code. (b) "Ambulance" means any motor vehicle that is specifically designed, constructed, modified, equipped, or arranged and operated for the purpose of transporting patients requiring immediate or on -going medical services. (c) "Ambulance attendant" means a trained, qualified individual who, regardless of whether he or she also serves as a driver, is responsible to care for sick, injured, or disabled persons while they are being transported in an ambulance. (d) "Ambulance driver" means a person whose primary duty is to drive an ambulance. (e) "Ambulance service operator" means any person, firm, • partnership, corporation or other organization which furnishes or offers to furnish ambulance service within the City. (f) "Agreement" means the Agreement between the City of Newport Beach and an ambulance service operator to provide emergency ambulance transportation services as provided in this Chapter. (g) "City" means the City of Newport Beach. (h) "County" means the County of orange. (i) "Emergency ambulance transportation service" means transportation by an ambulance of one or more patients in response to an emergency giving rise to the need for basic or advanced life support services. This transportation may require Code 3 response (red lights and siren.) • (j) "Fire Chief" means the Director of Fire Services for the City. (k) "Licensee" means an ambulance service operator which has been granted and maintains the appropriate license by the County for the services to be provided. 2. (1) "Non- emergency ambulance transportation service" means transportation by ambulance of a patient who is medically stable but may need basic life support and requires transportation from one location to another. This transportation does not normally require Code 3 response. • (m) "Person" means any individual, firm, corporation, partnership, association or other group or combination of individuals acting as a unit. 5.14.030 License Required. A. It shall be unlawful for any person to be an ambulance service operator, or to act in such a capacity either directly or indirectly, without possession of a license issued pursuant to ordinances, rules and regulations of the County of Orange and any other licenses or permits as may be required. B. The provisions of this Ordinance shall not apply to: (1) Ambulances operated at the request of a public • safety agency during any estate of war emergency" estate of emergency ", or "local emergency ", as defined in the Government Code. (2) Ambulance service transporting a patient from a location outside of the City limits regardless of destination. 5.14.040 Emergency Ambulance Transportation Service Providers. A. No ambulance service operator shall provide emergency ambulance transportation services in response to, or as a result of an emergency, unless that person has been selected to provide such services pursuant to this Chapter. Any ambulance service operator receiving a request • for emergency ambulance transportation service from other than a public safety agency shall immediately, by telephone, notify a designated fire department communication center. B. The City shall contract with licensees for the provision of emergency ambulance transportation service within the 3. City limits. There shall be one primary, official ambulance service operator to provide emergency ambulance transportation services and one back up or secondary ambulance service operator selected and designated to provide emergency ambulance transportation service at the request of the Fire Chief throughout isthe City of Newport Beach. The contracts shall be made on a competitive basis as provided in this Chapter. In awarding the contract, the City shall consider the comparative value of competing proposals. C. The Fire Chief shall administer the contract for emergency ambulance transportation services awarded by the City Council pursuant to this Chapter. D. In the event no proposal acceptable to the City under the provisions of this Section is received for the provision of emergency ambulance transportation services, the City Council shall designate one or more qualified licensees to provide emergency ambulance services on a month to month basis until such • time an emergency ambulance transportation service agreement is signed. 5.14.050 Emeraencv Ambulance Transportation Service Aareement Specifications. A. Notice. The City Clerk shall be authorized to advertise for bids to contract for emergency ambulance transportation services. Notice inviting bids shall be published at least once in the official newspaper at least ten (10) days before the time for opening bids. Notice shall list the date, time, and location for receiving sealed bids and the time at which the bids will be opened. Bids shall be submitted in response to the Request for Proposal prepared by the Fire Department and shall • contain information indicating adequacy of equipment, rate schedule and such other information required to evaluate the ability to perform emergency ambulance transportation services. B. Hearing. After the bids are opened, the City Clerk shall set a hearing before a panel of representatives 4. • is • designated by the Fire Chief. The panel shall consist of three to five persons representing the City Council, the Fire Department, the medical community, and the City of Newport Beach. The City Clerk shall give notice of the time to be set at least five (5) days before the date of the hearing to all persons submitting bids. C. Selection. At the time set for the hearing, the designated panel may examine the bidders, all relevant evidence, and submit to the City Council findings and recommendations of those found to be the most responsible bidders. The City Council shall consider the findings and recommendations in awarding the Contract. The City Council reserves the right to reject all proposals if it is believed to be in the public interest. 5.14.060 Agreements. Ambulance service operators who provide emergency ambulance transportation services selected pursuant to this Chapter (Contractor), shall enter into an agreement with the City, which agreement shall contain eligibility requirements, operating rules and regulations, equipment standards, insurance requirements and rate schedules as adopted by the City Council and shall have a two (2) year term, with an option for the City Council to extend an additional two year term. After approval of the agreement by the City Council, the rates shall not be changed or modified in any manner without the prior mutual approval of the City Council and the Emergency Ambulance Transportation Service provider. No ambulance service operator shall charge rates other than those so approved. Prior to changing any schedule of rates previously approved for an existing operator, the City Council shall hold a public hearing after giving ten (10) days' prior written notice to all operators and /or applicants, and publication of said proposed rate changes in the official newspaper of the City at least once, not less than ten (10) days prior to the date of said hearing. 5.14.070 Termination or Suspension of Agreement. A. The City Manager may terminate or suspend the 5. Agreement on one or more of the following grounds: 1. The certificate holder has not filed adequate evidence of insurance coverage with the City Clerk, or has allowed its insurance coverage to lapse or be canceled; or 2. The violation of any rule, regulation or •condition set forth in or authorized by this Chapter; or made a condition of the Agreement; or 3. The violation of any laws of the State of California, County of Orange, or City with respect to the operation of the business by the Contractor, or repeated violations by employees of the Contractor; or 4. Failure to maintain satisfactory service to the public, or for failure to keep any ambulance in a safe and sanitary and fully operational condition, or for deviation from the schedule of rates approved by the City Council; or 5. The lapse or loss of any license, permit or other approval necessary to the services provided pursuant to the • Agreement; or 6. Unethical conduct or malpractice by Contractor or its employees as determined either by a court of competent jurisdiction or by such review processes as are, or may be established by Chapter 5.14 of the Newport Beach Municipal Code; or 7. The breach by Contractor of any provision of the Agreement. In any such case, the certificate holder shall have the right to appeal to the City Council in the time and manner set forth in this section. B. When the City Manager concludes that grounds for termination or suspension exist, the City Manager shall serve the Contractor, either personally or by certified mail addressed to the • business address of the Contractor, with a Notice of Intent to Terminate or Suspend the Agreement. This Notice shall state the reasons for the proposed termination or suspension, the right to appeal and effective date of the termination or suspension, if no appeal is filed by Contractor. The right to appeal to the City 6. Council shall terminate upon the expiration of fifteen (15) days following the personal service or deposit of the Notice of Intent to Terminate or Suspend the Agreement in the United States mail, whichever shall occur first. The City Council may preside over the hearing on appeal, •or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council. The City Council shall render its decision within forty - five (45) days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final. 5.14.080 Business License Retruired. All ambulance service operators who provide emergency ambulance transportation services, advanced life support transportation services and non- emergency ambulance transportation services must secure a City business •license in compliance with Title 5 of this Code prior to operation within City limits. 5.14.090 Advanced Life Support Ambulance Transportation Service Providers. No ambulance service operator shall provide advanced life support ambulance transportation service on the streets of the City without first obtaining a City business license and providing the Finance Director with evidence of County approval and licensing for the personnel, equipment and operation of an Advanced Life Support Ambulance Transportation Service within Orange County. The City Council shall by resolution establish a schedule of rates applicable to all ambulance service operators who provide • advanced life support ambulance transportation service and may, upon its own motion or upon application of any person holding a business license for the operation of an Advanced Life Support Ambulance Transportation Service, modify or amend such a schedule. Prior to establishing, modifying or amending any schedule or rates 7. for Advanced Life Support Ambulance Transportation Service, the City Council shall hold a public hearing after giving ten (10) days' prior written notice to all providers and /or applicants, and publication of said proposed rate changes in the official newspaper of the City at least once, not less than ten (10) days prior to the • date of said hearing. 5.14.100 Non - Emergency Ambulance Transportation service Providers. No ambulance service operator shall provide non - emergency ambulance transportation service on the streets of the City without first obtaining a City business license and providing the Finance Director with evidence of County approval and licensing for the personnel, equipment and operation of non - emergency ambulance transportation service in Orange County. The City Council shall by resolution establish a schedule of rates applicable to all non - emergency ambulance transportation service and may, upon its own motion or upon application of any •person holding a business license for the operation of non - emergency ambulance transportation service, modify or amend such a schedule. Prior to establishing, modifying or amending any schedule or rates of non - emergency ambulance transportation service, the City Council shall hold a public hearing after giving ten (10) days' prior written notice to all providers and /or applicants, and publication of said proposed rate changes in the official newspaper of the City at least once, not less than ten (10) days prior to the date of said hearing. 5.14.110 Permit for Drivers and Attendants. A. No person shall drive, or serve as an attendant for, an ambulance service operator subject to the requirements of this • Chapter without first submitting proof of appropriate license from the County to act in such capacity. B. No person shall drive an ambulance unless he or she shall hold a valid driver's license and an ambulance driver's 0 certificate as required by the State of California. 5.14.120 File Report with Police. The Chief of Police, in his discretion, may establish a policy requiring that any ambulance service operator, his agent or employee, shall, after transporting •any injured, sick or dead person, or person who dies enroute, notify the Police Department after removal of any such injured, sick, or dead person, and file a written report giving the required information and any other relevant information which the Police Department may require. The Police Department shall provide forms upon which the information required under this section shall be written. 5.14.130 Public Liability Insurance. The Contractor shall obtain and keep in force during the term of the Agreement, comprehensive automobile liability insurance, comprehensive general • liability insurance, and professional liability insurance issued by a company authorized to do business in the State of California, acceptable to the Finance Director, insuring the Contractor against loss by reason of personal or bodily injury, sickness or death, or damage or destruction of property that may result from operations of the Contractor. Comprehensive general liability insurance shall be in the sum of not less than one million ($1,000,000) dollars combined single limit, bodily injury and property damage. Professional liability insurance shall be in the sum not less than one million ($1,000,000) dollars per person and one million ($1,000,000) dollars annual aggregate. Comprehensive automobile liability insurance shall be in the sum of not less than one million ($1,000,000) dollars combined single limit, bodily injury • and property damage. Workers' Compensation Insurance shall be carried covering all employees of the license holder. All policies shall contain a provision requiring a thirty (30) day written notice to be given to the City prior to cancellation, modification, or reduction in limits. 9. 5.14.140 Violations. No person shall violate any provision or fail to comply with any of the requirements of this Chapter. In addition to the provisions of this Chapter providing for suspension or termination of the Agreement issued pursuant to this Chapter, any person found guilty of violating any provision of this Chapter • shall be deemed guilty of a misdemeanor and shall be subject to a fine of not more than Five Hundred Dollars ($500), or by imprisonment in the County jail for not more than six (6) months, or by both such fine and imprisonment. Each such person shall be guilty of separate offense for each and every day during any portion of which any violation of such provision of this Chapter is committed, continued or permitted by such person. Section 2: Ordinance No. 87 -44 is hereby repealed and deleted. Section 3: The Mayor shall sign and the City Clerk shall •attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after the date of its adoption. Section 4: That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared • unconstitutional. Section 5: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 28th 10. I day of January , 1991, and adopted on the 11th day of February , 1991, by the following vote, to -wit: AYES, COUNCILMEMBERS HEDGES, WATT, TURNER, SANSONE. HART, PLUMMER NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS COX Ekyts). ATT CITY CLERK J 11.