HomeMy WebLinkAbout93-21 - Amending Chapter 5.14 of the Newport Beach Municipal Code Pertaining to Ambulance RegulationsORDINANCE NO. 93- 21
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.
5.14.075
• 5.14.080
5.14.090
Franchise Fees.
Business License Required.
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
1.
ensure that such service is prompt, efficient and reasonably
priced, and in the best interest of the public.
5.14.020 Definitions.
(a) "Advanced life support" as defined in the California
• Health and Safety Code, Section 1797.52, as now in existence or
hereafter amended or changed, means special services designed to
provide definitive prehospital emergency medical care, including,
but not limited to, cardiopulmonary resuscitation, cardiac
monitoring, cardiac defibrillation, advanced airway management,
intravenous therapy, administration of specified drugs and other
medical preparations, and other specified techniques and procedures
administered by authorized personnel under the direct supervision
of a base hospital as part of a local EMS system at the scene of an
emergency, during transport to an acute care hospital, during
interfacility transfer, and while in the emergency department of an
acute care hospital until responsibility is assumed by the
• emergency or other medical staff of that hospital.
(b) "Basic life support" as defined in the California
Health and Safety Code, Section 1797.60, as now in existence or
hereafter amended or changed, means emergency first aid and
cardiopulmonary resuscitation procedures which, as a minimum,
include recognizing respiratory and cardiac arrest and starting the
proper application of cardiopulmonary resuscitation to maintain
life without invasive techniques until the victim may be
transported or until advanced life support is available.
(c) "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.
(d) "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.
(e) "Ambulance driver" means a person whose primary duty
2.
is to drive an ambulance.
(f) "Ambulance service operator" means any person, firm,
partnership, corporation or other organization which furnishes or
offers to furnish ambulance service within the City.
(g) "Agreement" means the Agreement between the City of
• Newport Beach and an ambulance service operator to provide
emergency ambulance transportation services as provided in the
Chapter.
(h) "City" means the City of Newport Beach.
(i) "County" means the County of Orange.
(j) "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).
(k) "Fire Chief" means the Director of Fire Services for
the City.
• (1) "Licensee" means an ambulance service operator which
has been granted and maintains the appropriate license by the
County for services to be provided.
(m) "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.
(n) "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.
3.
•
•
B. The provisions of this Ordinance shall not apply to:
(1) Ambulances operated at the request of a public
safety agency during any "state of war emergency," "state of
emergency, 11 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.
(3) In the event of a mass casualty situation, as
determined by City.
5.14.040 Emeraencv 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
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
the 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
4.
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 Emergency Ambulance Transportation Service
Agreement 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
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.
5.14.060 Acrreements.
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
three (3) 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 provided. 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
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
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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
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.
7.
5.14.075 Franchise Fee.
All ambulance service operators who provide emergency
ambulance transportation services, selected pursuant to this
Chapter, shall pay quarterly to the City during the term of the
Agreement, a fixed percentage of the gross receipts of the service.
• The percentage shall be at least ten percent (10 %), actual amount
to be set by City Council resolution. Terms and provisions for
payment of the fee shall be established by the City Council in the
Agreement set forth in Section 5.14.060.
5.14.080 Business License Required.
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
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
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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 then 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
certificate as required by the State of California.
02
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 Fire
• Chief, 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 dollars ($1,000,000.00) combined single
limit, bodily injury and property damage. Professional liability
insurance shall be in the sum of not less than one million dollars
($1,000,000.00) per person and two million dollars ($2,000,000.00)
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.
•
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
10.
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: 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 3: 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.
/
11.
Section 4: This Ordinance was introduced at a regular
meeting of the City Council of the Newport Beach held on the 13th
day of September 19 93 , and adopted on the 27th day of
September , 19 93 by the following vote, to -wit:
• AYES, COUNCILMEMBERS SANSONE, WATT, TURNER, HART,
COX, DEBAY
NOES, COUNCILMMIBERS NONE
•
•
ATTEST:
ABSENT COUNCILMME DERS HEDGES
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