It shall be unlawful for any person to furnish, operate, advertise or otherwise engage or profess to be engaged in the operation of a private ambulance service upon the streets of Brenham without a franchise as provided by this article, except as otherwise provided in section 4-3 of this chapter.
A private ambulance service which is granted a franchise pursuant
to this article shall be:
(1)
Operated
within the city limits of Brenham; and
(2)
Limited
to providing non-emergency transfer services, as provided in this
chapter.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
(a)
An application
for a private ambulance service franchise shall be filed with the
city secretary on such form as may be prescribed by the city and the
applicant shall furnish the following information with the application:
(1)
The
name and address of (i) applicant, including all owners, partners
(if a partnership), all officers (if a corporation), and any other
persons with a direct interest in the applicant; and (ii) the names
and the addresses of the managing agent or managing personnel of the
business if not included in (i);
(2)
An actual or pro forma financial statement and balance sheet showing the liabilities and equity of the applicant named in subsection (a)(1);
(3)
Whether any person named in subsection (a)(1) has been convicted of a felony or a misdemeanor other than traffic offenses within the past ten (10) years and, if so, when and where and under what circumstances;
(4)
Whether any person named in subsection (a)(1) holds or has held a permit for operation of an ambulance service from any other governmental agency or department or is engaged or has been engaged anywhere else in the business of providing private ambulance service;
(5)
That
the applicant has been issued a permit by the Texas Department of
State Health Services, pursuant to V.T.C.A., Health and Safety Code
773.041, for each ambulance which the applicant proposes to operate;
(6)
The
number of ambulances which the applicant proposes to operate and the
make, model, motor number, current state license number and registered
owner of each ambulance owned by or in the possession of the applicant;
(8)
A
list of all two-way radios to be used in ambulance service, their
call numbers and the vehicle (identified by motor number) to which
each radio has been assigned;
(9)
The
Brenham address and business telephone number from which the proposed
service will be operated;
(10)
The names of all attendants and drivers presently employed by the
applicant, and, respectively, their Texas Department of State Health
Services registry number, level of certification, and Texas State
Driver’s License number;
(11)
A certificate of insurance proving that there is in effect insurance as required by section 4-27 and a statement that the applicant will defend and hold harmless the city, its officers and employees against all claims arising out of the applicant’s operation of the proposed private ambulance service;
(12)
The trade or assumed name, if any, under which the applicant intends
to do business if said name is different from the applicant; and
(13)
Such further information as the city manager, or his/her designee,
may deem necessary.
(b)
The application
shall be accompanied by an annual permit fee of two hundred dollars
($200.00) plus thirty-five dollars ($35.00) for each ambulance requested
to be approved. All permit fees are not refundable.
(c)
The application
shall be accompanied by a copy of the applicant’s license to
operate from the Texas Department of State Health Services.
(d)
The application
shall be accompanied by the name and addresses of the physician serving
as medical director for the applicant. The named physician shall be
licensed in the State of Texas and registered in Washington County.
(e)
The application
shall be accompanied by copies of other relevant documents, as required
by the city, to complete the application process.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
(a)
Each
ambulance service franchise holder shall notify the city secretary,
in writing, of any change of address or change in ownership or management
of the franchisee not less than ten (10) days prior to the change.
(b)
The ambulance
service franchise holder must provide and staff, at its expense, a
communications center, which must include twenty-four-hour day telephone
access for service requests and two-way radio and mobile telephone
communication with all ambulances utilized by the ambulance service
franchise holder in the city.
(c)
The ambulance
service franchise holder shall respond to requests for non-emergency
transfer service within thirty (30) minutes at any time of the day,
any day of the week, and within thirty (30) minutes of a scheduled
non-emergency transfer pick-up time.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
(a)
The city
secretary shall forward copies of each application for an ambulance
service franchise to the city manager for review and recommendation
to the city council. In addition, the fire chief shall also review
each application and make recommendations to the city council. Within
ten (10) days of receipt of an application for an ambulance service
franchise, the city secretary shall also provide written notification
to all existing franchisees and Washington County EMS of said application.
(b)
The city
council shall hold a public hearing on an application for an ambulance
service franchise under this article at the time and place specified
in the notice published in a newspaper of general circulation fifteen
(15) days prior to the hearing and no such franchise shall be granted
until an ordinance granting the same has been read at two (2) regular
meetings of the city council.
(c)
An applicant
shall not be granted a franchise unless the city council finds and
determines that the public convenience will be served by the issuance
thereof. In all hearings, the burden of proof shall be upon the applicant
to establish by clear, cogent and convincing evidence that the public
convenience will be served by the granting of a private ambulance
service franchise. In determining public convenience, the city council
shall consider all of the following:
(1)
If
the applicant has previously participated, or is currently participating,
in an ambulance or transfer service and whether such service is being
performed in a satisfactory manner.
(2)
Whether
there is a need in the city for the applicant’s services, and
the number of providers currently franchised in the city and whether
granting the franchise will adversely affect existing service so as
to lower the standards of existing services and/or cause public inconvenience.
(3)
Whether
the applicant is qualified to render good service and has, or will
have, sufficient equipment and personnel necessary for the applicant’s
ambulance service.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
No ambulance service franchise will be granted unless:
(1)
The city council determines that the contents of the application as required by section 4-21 are complete, true and correct; and
(2)
The city
council determines that the proposed operation of the ambulance service
will be in compliance with all provisions of this chapter, and all
applicable city ordinances, state and federal statutes and regulations.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
The length of the franchise will be for two (2) years. However,
the franchise holder will be subject to review, inspection, and evaluation
by the city staff on a quarterly basis with results being presented
to the city manager.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
(a)
A holder
of an ambulance service franchise shall submit a completed renewal
application, provided by the city secretary, and the franchise renewal
application fee of two hundred dollars ($200.00) not fewer than sixty
(60) days before the then current franchise expires.
(b)
The city
manager may make changes in the franchise application as he/she deems
necessary.
(c)
If the
franchise expires at no fault of the holder before a ruling on the
approval or denial of a timely-submitted renewal application, the
holder may continue to operate the ambulance service pending a final
decision by city council. The holder shall cease operation immediately
upon denial of the renewal by the city council.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
No private ambulance service shall be operated in the city unless
the applicant or the holder of the permit is at all times insured
by automobile liability insurance, covering the operation of each
ambulance, which does not contain a passenger liability exclusion,
in the minimum amount of five hundred thousand dollars ($500,000.00)
per person for bodily injury or death, one million dollars ($1,000,000.00)
for bodily injury or death per occurrence and one hundred thousand
dollars ($100,000.00) for property damage, and by liability insurance,
covering the care and handling of the patients by attendants, emergency
medical technicians and paramedics in the minimum amounts of one million
dollars ($1,000,000.00) per person and one million dollars ($1,000,000.00)
per occurrence.
The city shall be named as a certificate holder and as an additional
insured in all insurance policies required by this section and the
permit holder shall maintain on file with the city secretary a certificate
of insurance or other proof acceptable to the city attorney that the
required policies are in effect. The insurance policy must be issued
by a solvent insurance company licensed to do business in the State
of Texas.
Each insurance policy shall require written notice sent via
certified mail, return receipt requested from the insured or insurer
to the city secretary at least thirty (30) days prior to termination
by the insured or insurer.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
If the ambulance service franchise holder violates any provision
of this chapter or fails to comply with or maintain compliance with
any requirement of this chapter or the franchise, the city manager
may order the suspension or revocation of the franchise.
An ambulance service franchise holder shall also be subject
to revocation if it is found that the holder of said franchise or
any company, service or corporation that the holder is affiliated
or in partnership with is duplicating emergency medical services,
unless requested to do so by the City of Brenham Communications Center.
Furthermore, if an ambulance franchise holder receives an emergency
call from any source to respond in the City of Brenham, the franchisee
shall immediately notify the City of Brenham Communications Center
and shall not respond unless requested to do so by the City of Brenham
dispatcher. Duplication of emergency medical services is defined as
responding to the same call for service as a Washington County EMS
unit without having been requested to do so by a City of Brenham dispatcher.
The city secretary shall notify the franchise holder of the
suspension or revocation in writing within ten (10) days of the city
manager’s determination. Such notice shall disclose the deficiency
and/or violation and outline the city manager’s actions.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
(a)
A franchise
holder may appeal to the city council the following decisions of the
city manager if the holder requests an appeal hearing in writing and
delivers it to the city secretary not more than ten (10) business
days after receiving notice of the city manager’s action.
(b)
The city
council shall act as the appeals hearing body in an appeal hearing
under this section. The city council shall give the appealing party
an opportunity to present evidence and make argument in appellant’s
behalf. The formal rules of evidence do not apply to an appeal hearing
under this section, and the city council shall make its ruling on
the basis of a preponderance of the evidence presented at the hearing.
(c)
The city
council may affirm, modify, or reverse all or part of the action of
the city manager being appealed. The city council may, in its sole
discretion, reinstate the franchise if the franchise holder has corrected
the violation or deficiency causing the suspension or revocation.
The decision of the city council is final.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
(a)
The ambulance
service franchise holder shall, during the life of said franchise,
pay to the city, at the office of the city secretary in lawful money
of the United States, an amount equal to two (2) percent of its gross
receipts measured by ambulance service fees collected and other income
derived from the operation of the ambulance service within the City
of Brenham, said remittance shall be made monthly on or before the
tenth day of each calendar month.
(b)
A grantee
herein shall be required to install and adequately keep the system
of bookkeeping regarding the ambulance services provided pursuant
to the franchise, which books shall be subject to inspections of the
governing body of the city and the city manager and such persons as
the city may designate, or either of them, so as to enable the City
of Brenham to check the correctness of the accounts kept and to compute
fairly and accurately the amount of gross receipts that may be due
to the city.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
The books and records of the ambulance service franchise holder
shall be open at any reasonable time for inspection by the mayor,
city council, city manager, or any official designated by the city.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
No assignment, sale or subletting of any part of a franchise
shall ever be made by the franchisee without first receiving written
approval of the city council of the City of Brenham.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
Attendants and drivers who provide services within the city
limits of Brenham pursuant to an ambulance services franchise shall:
(1)
Be at
least eighteen (18) years of age;
(2)
Be a
citizen of or authorized to work in the United States;
(3)
Not have
been convicted of a felony or any offense involving moral turpitude
within the past ten (10) years and not have had any license for the
operation of motor vehicles suspended or revoked with ten (10) years;
(4)
Be a
holder of a valid Texas driver’s license, entitling driver to
operate an ambulance;
(5)
Present
a certificate executed by a licensed practicing physician showing
that the person is free of contagious or communicable diseases, color
blindness, or any other condition or disability which would impair
his/her ability to provide emergency medical services to the public;
(6)
Be currently
certified by the Texas Department of State Health Services at the
level required by this article.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
(a)
Vehicles.
Each vehicle utilized in an non-emergency transfer must be permitted
by the Texas Department of State Health Services as a mobile intensive
care unit, and may be operated only when said vehicle meets all conditions
required by Chapter 773 of the Texas Health and Safety Code and other
applicable laws and regulations.
(b)
Equipment.
A vehicle may not be operated as a mobile intensive care unit
unless it is furnished with all of the equipment (and qualified personnel)
required by the Texas Department of State Health Services for a mobile
intensive care unit and is permitted or licensed as such. Such equipment
must be clean, in good working order, and available in sufficient
quality to provide safe transport and care of sick and injured persons.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
Neither the ambulance service franchise holder nor any employee
or agent thereof shall refuse to transport a patient requesting ambulance
service, except for good cause. In determining “good cause”
for purposes of this section, the ambulance service franchise holder
may consider whether the patient is insane, mentally ill, drunk, disorderly
or unruly; whether the patient has previously willfully refused to
pay for services; whether the ambulance service franchise holder can
safely transport the patient; or whether it is the best available
ambulance service with the capabilities to perform such a transport;
or similar matters.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
If, during a transport, the patient’s condition worsens
or he suffers an acute condition, attendants of the ambulance vehicle
shall immediately contact the Brenham Communications Center and advise
the dispatcher of such and then proceed on an emergency basis to the
emergency care facility at the hospital of patient’s choice
or nearest appropriate medical facility. A patient who has a worsened
or acute condition includes, but is not limited to, any or all of
the following:
(1)
A patient
who has difficulty breathing;
(2)
A patient
who has stopped breathing;
(3)
A patient
in cardiac arrest;
(4)
A patient
who has seizures;
(5)
A patient
who has unstable vital signs; or
(6)
A patient
with a change in vital signs (e.g., drop or increase in blood pressure)
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
The ambulance service franchise holder shall have the privilege
of receiving non-emergency transfer overflow calls for ambulance service
from the Washington County EMS Department. The ambulance franchise
service holder shall respond to requests for service from the Washington
County EMS as quickly and safely as possible.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
The city council hereby expressly reserves the right, power,
and authority to fully regulate and establish, by resolution, the
rates and charges for the services of an ambulance service franchise
holder to its customers, fully reserving to the city council all rights,
powers, privileges, and immunities, subject to the duties, limitations
and responsibilities which the constitution, the laws of the state,
and this chapter confer upon the city.
(Ordinance O-10-022, sec. 1, adopted 1/6/11)
