Milpitas Municipal Code Ch. 102 Ambulance Franchise

The City Council is empowered to enter into a contract or contracts with any person or persons (hereafter referred to as the "grantee") for the right to engage in the ambulance business, within the City of Milpitas. The Council may grant an exclusive contract to any single person to engage in said business, if said Council deems an exclusive contract necessary or convenient for the efficient operation of an ambulance business, the public convenience and necessity, and the preservation and protection of the public health and safety.

(Ord. 141 (part), 12/5/67)

Any contract executed hereunder shall include the following:

1.02-1 The schedule of fares to be charged for service.

1.02-2 The location of equipment.

1.02-3 The compensation, if any, to be paid to the City for said franchise.

1.02-4 The term of said franchise; provided, however, that no franchise shall be in excess of a term of five years (but nothing contained in said contract shall be deemed to limit the authority of the City Council to renew or extend the contract upon the expiration of any term thereof).

1.02-5 Such other terms, covenants or conditions as the City Council shall deem necessary or convenient for the efficient operation of an ambulance business, for the public convenience and necessity and for the preservation and protection of the public health and safety.

(Ord. 141 (part), 12/5/67)

No grantee shall operate an ambulance business except in full compliance with:

1.03-1 All applicable federal, state, county and City of Milpitas statutes, ordinances and rules and regulations promulgated thereunder.

1.03-2 The provisions of the franchise contract between the grantee and the City of Milpitas.

1.03-3 The general ambulance contract of the County of Santa Clara, and the Code of Ethics of the California Ambulance Association and the Santa Clara County Ambulance Association (unless and to the extent the same is in conflict with the provisions of this Chapter or of the City of Milpitas franchise contract with grantee.

1.03-4 Safety standards of the California Highway Patrol.

(Ord. 141 (part), 12/5/67)

Any privilege or right granted in any franchise contract to any person or persons to engage in the ambulance business shall be deemed to be conditioned upon the faithful performance by such person or persons of all provisions of this Chapter, all rules and regulations issued pursuant hereto and all covenants and conditions of the franchise contract.

(Ord. 141 (part), 12/5/67)

In addition to such other grounds as the law may allow, the City Council may revoke any franchise granted pursuant to this Chapter and may terminate any contract executed pursuant to this Chapter for the following causes:

1.05-1 Violation of any provision of this Chapter including, but not limited to, failure to comply with any statutes, ordinances, rules, regulations, contractual provisions, code of ethics or safety standards referred to in V-102-1.03 and 1.04.

1.05-2 Failure to pay any judgment for damages arising from the exercise of the franchise.

1.05-3 Either the appointment of a receiver to take possession of all or substantially all of the assets of grantee, or a general assignment by the grantee for the benefit of creditors, or any action taken by or suffered by the grantee under any insolvency or bankruptcy act.

1.05-4 The rendition of service which is inadequate or unsatisfactory.

(Ord. 141 (part), 12/5/67)

Before a franchise is revoked, grantee shall be given ten days prior notice by mail in accordance with the procedures of Sections I-20-2.02 and 2.03 of the time and place at which a hearing will be held. At said hearing, said grantee shall be given an opportunity to show cause why said franchise should not be revoked. Said hearing may be continued from time to time. Following the close of said hearing, the Council may revoke said franchise or dismiss said proceedings or take other appropriate action.

(Ord. 141 (part), 12/5/67)

Upon the execution of the franchise contract, grantee shall furnish to City a cash bond or a corporate surety bond approved by the Council of the city, executed by grantee as principal and by a corporate surety as surety in a penal sum determined by the City Council, conditioned upon the faithful performance of each and every term, covenant and condition of the franchise contract and of all provisions and requirements of this Chapter, or amendments thereto and of all rules and regulations issued thereunder.

(Ord. 141 (part), 12/5/67)

Upon the execution of the franchise contract, grantee shall, at his sole cost and expense, obtain and shall maintain in full force and effect throughout the term of his franchise public liability insurance with grantee and the City named therein as insured, insuring said grantee and said City, and each of them, from liability for bodily injury or death to and of any person or persons or for any property damage, arising or resulting from the operations of grantee. Minimum bodily or death coverage provided by said insurance shall be the sum of One Hundred Thousand Dollars ($100,000.00) exclusive of interest and costs, for bodily injury or death for each person and Three Hundred Thousand Dollars ($300,000.00) exclusive of interest and costs for bodily injury or death of two or more persons. Property damage coverage shall be a minimum of Ten Thousand Dollars ($10,000.00) for each occurrence. Said insurance shall be written on an occurrence basis, and shall be a continuing liability up to the full amount thereof during the term of this franchise, notwithstanding any recovery thereon. Said policy shall provide, by its terms, that the coverage afforded thereby shall be primary coverage to the full limit of liability stated in the declarations, and if the City, shall have other insurance against loss covered by said policy, said other insurance shall be excess insurance only. Said policy shall bear an endorsement precluding the cancellation or reduction in coverage of said insurance without giving to said City ten (10) days prior notice thereof in writing. Policies of insurance or certificates therefor shall be filed with the City Manager of City upon execution of the franchise contract.

(Ord. 141 (part), 12/5/67)

By accepting any franchise hereunder, grantee shall be deemed to have agreed to indemnify and save harmless City, its officers, agents and employees for and from any and all loss, liability, claims, demands, actions, damages, suits or expenses of any and every kind and description arising or resulting from or in any way connected with any intentional or negligent acts or omissions of Grantee, its agents, employees or subcontractors and their agents or employees exercising the rights and privileges granted by the franchise contract or by any ordinance of the City or arising or resulting from failure of grantee to comply in all respects with the provisions and requirements of the franchise contract or all applicable ordinances of the City or of all other applicable laws. Grantee shall, upon demand of City, at his sole cost and expense, defend and provide attorneys to defend City, its officers or employees against any and all claims, actions or suits brought against City, its officers or employees arising or resulting from or in any way connected with said acts or omissions.

(Ord. 141 (part), 12/5/67)

Grantee shall not assign his franchise or franchise contract, or any interest therein, or any privilege or right granted therein without the written consent of the Council of the City first had and obtained, and then only to a person or persons approved by said Council and subject to such terms and conditions as said Council may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such consent and approval shall be void and shall, at the option of City, terminate the franchise contract and the rights and privileges granted therein. The franchise contract shall not, nor shall any interest therein, be assignable, as to the interests of the grantee, by operation of law, without the written consent of said Council.

(Ord. 141 (part), 12/5/67)

No person shall operate an ambulance business within the City of Milpitas in violation of a franchise granted.

(Ord. 141 (part), 12/5/67)

Nothing herein contained shall be constructed to exempt the grantee from the provisions of any ordinance of the City of Milpitas, including but not limited to, the provisions of the Business License Ordinance of the City of Milpitas, and amendments thereto, enacted as Chapter 1, Title III Business and Professions of the Milpitas Municipal Code.

(Ord. 141 (part), 12/5/67)

The grantee shall furnish service in accordance with the schedule of fares provided for by the franchise contract. It shall be unlawful for any person to charge, collect or receive any compensation for the use of an ambulance other than in accordance with the schedule of fares provided for within said franchise contract.

2.01-1 Nothing herein contained shall be construed to prevent the revision of the franchise contract, by mutual agreement by the parties thereto, to alter or amend the fare basis upon which service is furnished or the schedule or fares therein provided.

(Ord. 141 (part), 12/5/67)

On demand, it shall be the duty of the ambulance driver to give a passenger a receipt for any fare paid. Said receipt to be in form satisfactory to the Chief of Police. Upon this receipt shall be legibly printed or written the trade name of the grantee, the number of the ambulance, the name and license number of the driver, all items for which a charge is made, the total amount paid and the date of payment.

(Ord. 141 (part), 12/5/67)

Grantee shall render the following service:

2.03-1 Maintain, at all times during the terms of this agreement, call service on a twenty four hours a day, and seven day a week basis.

2.03-2 Have sufficient ambulances and equipment to respond to calls for service under ordinary conditions.

2.03-3 Respond to calls as promptly as circumstances permit.

(Ord. 141 (part), 12/5/67)

During the term of the franchise the City Manager shall review the level of service provided by grantee as often as said manager shall deem necessary, but at least once a year and the City Council, in its discretion, may, from time to time, add to, or modify, the above conditions of service, after allowing grantee a hearing on ten (10) days' written notice.

(Ord. 141 (part), 12/5/67)

It shall be unlawful for grantee to operate or cause or permit to be operated, any ambulance when it is not in a safe operating condition, or to cause or permit a driver to operate an ambulance in any manner contrary to the provisions of the franchise contract, or this Chapter, or any rule and regulation issued hereunder or of any Federal, State, County or City statute or ordinance.

3.01-1 All ambulance and equipment therein shall be available to inspection by the Police Department of the City of Milpitas at all times.

(Ord. 141 (part), 12/5/67)

The interior of each ambulance shall be maintained in a clean and sanitary condition at all times.

(Ord. 141 (part), 12/5/67)

It shall be unlawful for any of the drivers of grantee to allow, cause or permit any ambulance to be operated for hire within the City by any person other than the grantee or a licensed employee of said grantee.

(Ord. 141 (part), 12/5/67)

The City Council shall have the power to establish rules and regulations consistent with the provisions of this Chapter; such rules and regulations shall have as their purpose the enforcement of the provisions of this Chapter and the protection of the public health and safety of the City.

(Ord. 141 (part), 12/5/67)

See I-1-4.09-1.

(Ord. 141 (part), 12/5/67)

Upon violation of this Chapter or of the provisions of the Franchise Contract with the City by the grantee or any of grantee's employees, the City Council shall have the right to declare the bond of said grantee forfeited to the City of Milpitas, and upon order of the City Council, the City Attorney shall take legal proceedings to effect a collection of the bond for and on behalf of said City.

(Ord. 141 (part), 12/5/67)

See I-1-4.11.

(Ord. 141 (part), 12/5/67)

See I-1-4.12.

(Ord. 141 (part), 12/5/67)

In accordance with the provisions of Section 853.1 of the Penal Code and with the provisions of Chapter 230, Title V of the Milpitas Municipal Code, violations of this Chapter may be brought to court by notice to appear as therein provided.

(Ord. 141 (part), 12/5/67)

Any person aggrieved by the act of any official in the administration or enforcement of this Chapter may appeal to the City Council in accordance with the procedures of The Standard Procedures Chapter of the Milpitas Municipal Code.

(Ord. 141 (part), 12/5/67)