ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RIVERSIDE, CALIFORNIA, GRANTING A FRANCHISE TO AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. TO OPERATE AUTHORIZED AMBULANCE VEHICLES FOR A PERIOD OF APPROXIMATELY THREE YEARS ALONG AND UPON THE STREETS OF THE CITY OF RIVERSIDE.
The City Council of the City of Riverside does ordain as follows:
Section 1: GRANT
Pursuant to the Charter of the City of Riverside (“City”) and the laws of the State of California, a franchise is hereby granted to AMERICAN MEDICAL RESPONSE AMBULANCE SERVICE, INC. (“Franchisee”), to operate authorized ambulances over, upon and along the streets of City subject to the terms and conditions of this ordinance.
Section 2: TERM
This franchise shall begin on the effective date of this ordinance. The term of this franchise shall be for the period of approximately three (3) years, and shall expire on November 8, 2027. Within the limits established by the Charter of the City of Riverside, the term of this franchise may be further extended by Resolution of the City Council of the City. The term of this franchise shall be subject to the right of City to terminate or alter or amend said franchise at any time, as hereinafter provided.
Section 3: TERMINATION AND SUSPENSION OF FRANCHISE
The franchise granted by this ordinance may be suspended temporarily for a period of not to exceed thirty days at a time, if Franchisee fails to comply with the terms of this ordinance and if the failure to comply results in dangers to patients due to inadequate equipment and care, due to unsafe operation of the ambulance or other equipment or due to any other cause. This franchise may be terminated thirty days after notice to Franchisee for violations by Franchisee of provisions of this franchise, the Riverside Municipal Code, or violation of an Agreement approved by City and Franchisee. A notice of termination will not automatically result in suspension but City may suspend Franchisee’s rights under this franchise while a termination is pending, if under the provisions of this section the suspension is justified or required. Franchisee may request a hearing under the provisions of Chapter 5.66 of the Riverside Municipal Code on any suspension or termination. The hearing or request for hearing will not render any suspension ineffective.
If any term or condition of this franchise shall be or become invalid or unenforceable, the unenforceable provision shall be deemed severed and of no further force and effect; provided that the City Council may by ordinance terminate this franchise, if the City Council shall find and declare that the invalid or unenforceable term or condition constituted a consideration material to the grant of this franchise.
Section 4: VEHICLE OPERATION
All vehicles used under this franchise shall be operated and maintained in accordance with the laws of the State of California and the ordinances of the City.
Section 5: RATES
Subject to the terms and conditions of the Agreement between the City and Franchisee approved by the City Council, Franchisee by acceptance of this franchise, agrees to charge such rates for ambulance service as may from time to time be prescribed by the City by resolution.
Section 6: REGULATION
The City of Riverside shall have the right to regulate the operation of ambulance service to the extent provided by applicable State law in the following respects:
(1) To make reasonable orders respecting character, extent, quality and standard of service. (2) To fix rates of operation, and to make reasonable orders respecting the same. (3) To make such other rules and regulations as may be reasonably necessary to facilitate the service to be rendered to the public under this franchise.
Section 7: OPERATIONAL AGREEMENT
City and Franchisee shall enter into an Agreement which may be amended from time to time by mutual consent. Said Agreement shall delineate specific responsibilities and duties of the parties regarding medical transport services provided by Franchisee.
Franchise shall comply with all terms of the Agreement and failure to do so is grounds for suspension and termination pursuant to Section 3 of this Ordinance.
Section 8: FRANCHISE
Franchisee must have a valid franchise and the drivers, operators and attendants of the authorized ambulance vehicles shall, at all times, be qualified pursuant to the requirement of the Vehicle Code and Health and Safety Code of the State of California.
Section 9: TRANSFER
Neither this franchise nor any interest therein shall be sold, assigned, or disposed of without the consent of the City expressed by resolution. Any assignment, transfer or subcontract by Franchisee to any commonly controlled affiliate of Franchisee shall be permitted without any consent; provided, however, Franchisee shall provide the City with one hundred and eighty (180) days prior written notice of such assignment, transfer or subcontract, including notice of any change in ownership status of Franchisee which may result in the sale or transfer of more than a fifty percent (50%) controlling interest in the business.
Section 10: AMENDMENT AND ALTERATION
The City hereby expressly reserved the right to modify, amend, alter, change or eliminate any of the provisions of this franchise during the life of the same, for the following purposes:
(1) To eliminate or delete from the same such conditions as proved obsolete or impractical. (2) To impose such additional conditions upon Franchisee as may be just and reasonable and permitted by applicable State law, such conditions to be those as may be deemed necessary for the purpose of insuring adequate service to the public.
Section 11: HEALTH AND SAFETY
Ambulances may be inspected at irregular intervals at the discretion of the Ambulance Administrator upon reasonable notice to Franchisee. Franchisee shall secure and maintain at all times a policy or policies of insurance which meets or exceeds the requirements of liability insurance as required in the Operational Agreement. In the interest of public health, safety and welfare, Franchisee shall not operate any ambulance unless and until Franchisee meets the requirements of the State of California.
Section 12: ADEQUATE COVERAGE
The City Council of the City of Riverside declares that the public convenience, necessity and welfare and demonstrated community need require that an adequate number of ambulances be maintained by Franchisee based and operated within the City of Riverside together with necessary crews available for all units to assure that adequate service be maintained. In the event Franchisee fails to provide adequate service or fails to abide by any term of this franchise, the city shall upon such determination notify Franchisee in writing and Franchisee shall have thirty (30) days to increase service to reasonable standards and to correct deficiencies. If Franchisee fails, the City may grant an additional franchise. This term is in addition to the termination provisions herein.
Section 13: ACCEPTANCE
The granting of this franchise is conditional upon Franchisee’s filing with the City Clerk at least ten (10) days before this ordinance granting the franchise becomes effective, an executed copy of the Operational Agreement.
Section 14: FRANCHISE NON EXCLUSIVE
This franchise shall not constitute an exclusive grant of any right to conduct ambulance services within the City.
Section 15: The City Council has reviewed the matter and, based upon the facts and information contained in the staff reports, administrative record, and written and oral testimony, hereby finds that this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3) and/or 15061(b)(3) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, in that it will not result in a direct or reasonably foreseeable indirect physical change in the environment nor have a significant impact on the environment.
Section 16: The City Clerk shall certify to the adoption of this ordinance and cause publication once in a newspaper of general circulation in accordance with Section 414 of the Charter of the City of Riverside. This ordinance shall become effective on the 30th day after the date of its adoption.
ADOPTED by the City Council this _________ day of _____________, 2024. ___________________________
PATRICIA LOCK DAWSON
Mayor of the City of Riverside
Attest:
_____________________________
DONESIA GAUSE
City Clerk of the City of Riverside
/ /
/ /
/ /
I, Donesia Gause, City Clerk of the City of Riverside, California, hereby certify that the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the _______ day of _______________, 2024, and that thereafter the said ordinance was duly and regularly adopted at a meeting of the City Council on the _________day of _____________, 2024, by the following vote, to wit:
Ayes:
Noes:
Absent:
Abstain:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Riverside, California, this ________ day of ______________, 2024. _________________________________
DONESIA GAUSE
City Clerk of the City of Riverside
23-1895.1 JCL 05/16/24
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5 City Attorney’s Office3750 university ave., #250Riverside, CA 92501(951) 826-5567City Attorney’s Office3750 university ave., #250Riverside, CA 92501(951) 826-5567 City Attorney’s Office
3750 university ave., #250
Riverside, CA 92501
(951) 826-5567
City Attorney’s Office
3750 university ave., #250
Riverside, CA 92501
(951) 826-5567
City Attorney’s Office3750 University Ave., #250Riverside, CA 92501(951) 826-5567City Attorney’s Office3750 University Ave., #250Riverside, CA 92501(951) 826-5567 City Attorney’s Office
3750 University Ave., #250
Riverside, CA 92501
(951) 826-5567
City Attorney’s Office
3750 University Ave., #250
Riverside, CA 92501
(951) 826-5567
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