Loading...
HomeMy WebLinkAbout01/05/00 AGENDA CITY COUNCIL AGENDA JANUARY 5, 2000 1. CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. COUNCIL OFFICER ELECTIONS 4. CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Lease Extension with Kitsap Transit for Bremerton #ABO0-O01 Transportation Center Staging Site 5. CLAIMS/CHECK REGISTERS 6. COUNCIL MEMBER REPORTS 7. MAYOR'S REPORT 8. LEGISLATIVE REPORT 9. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) 10. NEW BUSINESS A. Grant Acceptance Cooperative Approach to CSO Reduction #AB00,-002 c~ B. Year 2000 Rates for Olympic and Bremerton Ambulance #AB00-003 ~ 11. ADJOURNMENT OF MEETING MONTHLY STUDY SESSION IMMEDIATELY FOLLOWING: (1) Construction Project Updates - Randy Witt, City Engineer (2) Ris~Management Plan for Chlorine - Kathleen Cahall, Water Resources Manager (3) Presentation of Port Blakely Sub Area City/County Planning Program -Jon Holan, Interim Community Development Director (4) Discussion on Recreation Center Site- Cris Gears, Parks & Recreation Director AGENDA BILL BRF, IIERTON CITY COUNCIL 1. SU~ECT: Lease Extension for FOR AGENDA OF: ~er 29. ~9-~9 Kitsap Transit - Bremerton ORIGINATING DEPT: Admin. Service~/ Transportation Center staging ORIGINATOR: Paula Johnstor~ site DATE SUBMITTED: December 22~ 1~99 2. ~: (comment on back 3. EXHIBITS: if necessary) Lease Extension Agreement admin. Svcs. ~~ Lease Agreement PW&U Director City Attorney ~'~/~-~/~~ Fiscal/Budget' EN RS NT>f, NF TION APP O D CO CIL P SIDENT O ITTAL: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: Kitsap Transit's Bremerton Transportation Center (BTC) project is still in construction making it necessary for them to continue to use and occupy City owned waterfront parking lots 585 and 586. This lease extension grants Kitsap Transit the right to use this property through August 15, 2000 when they anticipate full completion of the BTC. The rental rate of $14,055.00 per month for both lots remains the same. 8. RECOMMENDATIQ~: Motion to approve the lease agreement with Kitsap Transit for the term of October 15, 1999 to August 15, 2000. 9. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED__~~NDED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 00 ~ O~ ~ 2. CT.RARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: Kitsap Transit will not have a valid lease to use the waterfront lots and no legal requirement to pay $14,055 monthly rent. 6. IMPACT ON STAFFING~ BUDGETS. FACILITIES~ EOUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: LEASE AGREEMENT THIS AGREEMENT is made this of , between the CITY OF BREMERTON, a municipal corporation, (herein referred to as "Lessor"), and KITSAP COUNTY PUBLIC TRANSPORTATION AREA AUTHORITY d.b.a. KITSAP TRANSIT, a municipal corporation, ( hereinafter referred to as "Lessee"). WITNESSETH: 1. Lease Agreement. The Lease Agreement dated May 29, 1998 between Lessor and Lessee is hereby incorporated in its entirety by this reference except Section 2 thereof shall provide for effective dates of October 15, 1999 to August 15, 2000. IN WITNESS WHEREOF, Lessee and Lessor each hereunto set their respective hands. LESSOR: LESSEE: CITY OF BREMERTON KITSAP TRANSIT LYNN HORTON, Mayor DICK HAYES, Executive Director APPROVED AS TO FORM: APPROVED AS TO FORM: GLENNA MALANCA, City Attorney RICHARD R. STOCKING, Attorney Kitsap Transit RECEIVED FOR FILING: PAULA JOHNSTON, DEPUTY CITY CLERK State of Washington ) ) SS. County of Kitsap ) On this day of , __, personally appeared Lynn S. Horton to me known to be the Mayor of the City of Bremerton, a municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington Residing at My commission expires: LEASE AGREEMENT THIS AGREEMENT is made this [/_~a7 day of ./a'2'~ , 19c~ between the CITY OF BREMERTON, a municipal corporation, (herein referregd to as "Lessor""), and KITSAP COUNTY PUBLIC TRANSPORTATION AREA AUTHORrrY dba KITSAP TRANSIT, a municipal corporation, (hereinafter referred to as "Lessee"). WITNESSETH: 1. Premises. Lessor is the owner of the parking lots known as Lots 585 and 586 located in the area bounded by 1 st Street on the South, 2nd Street on the North, Washington Avenue on the West and the Boardwalk on the East. The lease areas are more particularly described on Attachment "A". terminat2~ T~'m. Th,e.t,ermo~hisLeaseshallco.mm. en.ceon ~/'~//~°4> and especially ~r~vo3~n~--g a~pea/ls~n/d t~h~e~hanI~t'~ne;~h;rneC~,, 71~etl;]l~)~gu~;leP~s'~t~P~ise lease term. The term of this lease shall commence between May and September 1998 and terminate approximately nine (9) to twelve (12) months later. Kitsap Transit agrees to provide one month's notice on the start date and termination may be shortened or extended up to four (4) months upon thirty (30) days notice to Lessor. 3. Compensation. Lessee shall pay Lessor a rental charge of Fourteen Thousand FiPty-five and No/100 ($14,055.00) per month, on the first day of each month. This rate represents the value of the net parking space revenue lost during the term of the Lease. 4. Use of Premises. Lessee shall have the use and occupancy of the premises referred to in Section 1, for the purpose of construction equipment staging for construction of the Bremerton Transportation Center and as a temporary Bus Transit Center. 5. Responsibility of the Parties to Agreement. Lessor shall provide for removal and storage of all parking pay boxes located on the premises as well as storage of wheel stops and any other fixtures belonging to Lessor. Lessee shall be responsible for removal of all wheel stops and other obstacles and delivery to a storage area designated by Lessor, provided Lessor shall restore all stored fixtures. Lessee shall video tape the premises listed in section 1 prior to commencement of the project and provide _Lessor with an acceptable copy of the videotape. LEASE AGREEMENT - Page 1 Kitsap Transit Lessee shall return the Premises to its previous condition at end of term of the Lease unless directed otherwise by Lessor. 6. Indemnity. Lessee shall defend and hold harmless Lessor from all loss, damage, claims, liability or expense resulting from any injury to any person or any loss of or damage to any property caused by or resulting from any act or omission of Lessee or any officer, agent, employee, guest, invitee or visitor of Lessee in or about the Premises or the Building. 7. Liens. Lessee shall not permit any lien to be imposed upon the property of Lessor as a result of work done by or on behalf of Lessee and shall indemnify and hold Lessor harmless against any and all expenses, including reasonable attorney's fees and court costs in connection with any such item. 8. Termination. In addition to Lessee's termination rights set forth in Article 2 hereof, either party may terminate this Lease upon default of any covenant or term hereof by the other. 9. Access. Lessee will allow Lessor or Lessor's agent free access at all reasonable times to Premises for the purpose of inspection, or of making repairs, additions or alterations to Premises or any property owned by or under the control of Lessor, but this right shall not be construed as an agreement on the part of Lessor to make any repairs other than those repairs tbr which Lessor is responsible pursuant to the terms and conditions hereof. 10. Liability Insurance. Lessee, at its own expense, shall provide and keep in force with companies reasonably acceptable to Lessor comprehensive general liability coverage for the benefit of Lessor and Lessee jointly against liability for bodily injury and property damage in the amount of not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence, such limits to be for any greater amounts as may reasonably be indicated by circumstances from time to time existing. Lessee shall provide Lessor with a certificate of such policy within thirty (30) days of the commencement date of this Lease and thereafter shall satisfy Lessor that such policy is in full force and effect. Such policy shall name Lessor as an additional insured and shall be primary and noncontributing with any insurance carried by Lessor. The policy shall further provide that it will not be canceled or altered without thirty (30) days prior written notice to Lessor. 11. Notices. All notices to be given by either of the parties hereto to the other party shall be in writing and delivered in person or sent by registered or certified mail to Lessor in care of City of Bremerton Administrative Services Director, 239 Fourth Street, Bremerton, Washington 98337, and as to Lessee at 234 WycoffAvenue South, Bremerton, Washington 98312. Notices sent by mail; properly mailed; the postmark affixed by the United States Post Office shall be conclusive evidence of the date of mailing. 12. Relationship. In no event shall the Lessor be construed, or held to have become in any way or for any purpose a partner, associate, or joint venturer of the Lessee or any party LEA.gE AGREEMENT - Page 2 Kitsap Transit associated with the Lessee in the conduct of the Lessee's business or otherwise. This Lease does not constitute the Lessee as the agent or legal representative of the Lessor for any purpose whatsoever. 13. Costs and Attorneys Fees. If, by reason of any default or breach on the part of either party in the performance of any provisions of this Lease, a legal action is instituted, the losing party agrees to pay all reasonable costs and attorney fees in connection therewith. It is agreed that the venue of any legal action brought will be in the Superior Court of Kitsap County, State of Washington. 14. Amendments. The parties hereto expressly reserve the right to renegotiate the provisions hereof, including the terms of this lease, from time to time as may be necessary and to amend this Lease accordingly; provided, however, that no alteration or modification of the terms or conditions hereof shall be valid and binding unless made in writing and signed by the authorized representatives of the parties hereto. 15. Nondiscrimination. Lessee shall not discriminate in employment or services to the public on the basis of sex, race, color, creed, national origin, age, marital status, physical mental or sensory handicap except an employment action based on a bona fide occupational qualification. 16. Waiver of Default. No waiver of default by either party ofanv of the terms, covenants and conditions hereto to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party. 17. Binding Effect. This Lease shall be binding upon the heirs, successors, assigns and all other parties legally empowered with signatory rights of any or all of the parties hereto. 18. Invalidity of Provisions. Should any term, provision, condition or other portion of this Lease be held to be inoperative, invalid or void, the same shall not affect any other term, provision, condition or other portion of this Lease; and the remainder of this Lease shall be effective as if such term, provision, condition or other portion had not been contained herein. 19. Entire Agreement. This Lease, constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations, and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. LEASE AGREEMENT - Page 3 Kitsap Transit IN WITNESS WHEREOF, Lessee and Lessor each hereunto set their respective hands. LESSOR: LESSEE: CITY OF BREIV[EKTON KITSAP TRANSIT LYiqN HORTON, Mayor DICK HAYES, Exe~a~ive Director APPROVED AS TO FORM: APPROVED AS TO FORM: '2~LI~NNA MALANCA, City Attorney RIC , Attorney Kitsap Transit RECE~I: 9~ILING: ~C~.USKI~Y, Ciw Clerk II II LEASE AGREEMENT - Page 4 Kitsap Transit AGENDA BIIJ~ BREMERTON CITY COUNCIL 1. SUBJECT: Grant Acceptance Cooperative FOR AGENDA OF: January 5, 2000 Approach to CSO Reduction ORIGINATING DEPT: Public Works & Utilities. ORIGINATOR: K. Cahall, Water Resources DATE SUBMITTED: December 17, 1999 2. CLEARANCES (comment on baf~k ~h/0e~ary): 3. EXI-HBITS: DirectorPW&U //X~,~;~ ,~ / QrantContract City Attorney ~,~ ..~ City Treasurer ' ~,~ ~ Risk Manager ~---~jx~. ~~' Operations Commi.ee Fiscal & Budget Committee ,~7~ NDORS MENT__ _ INFOR _ATIO AP OWi COUNCIL REsm s rry, AL: / 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Public Works & Utilities Department applied for and received a State Centennial Clean Water Fund Grant for a project titled "Cooperative Approach to CSO Reduction". The purpose of this project is to inform citizens about the City's combined sewer overflow reduction program & to educate residents in how they can help reduce overflows by preventing stormwatcr from their roof drains from entering the sanitary sewer system. Thc grant amount is $150,000 and thc City's match is $50,000. 8. RECOMMENDATION That City Council approve and authorize the Mayor to sign, subject to City Administrative Polices and Procedures. 9. RESPONSIBLE OFFICIAL: W. Eugene Sampley, Dir. PW & U ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED A~~i~._~ COUNCIL DIRECTIVE: DATE: ll. AGENDABIIJ. NO: O0 ~00~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City would not receive the $150,000 Grant and could not implement this CSO reduction project. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHE~R RESOURCES: The match of $50, 000 has been budgeted in the 2000 Wastewater Utility Fund. 7. RESEARCH SOURCES: 1992 Bremerton CSO Reduction Plan Settlement Agreement with the Puget Soundkeeper's Alliance 2 CENTENNIAL CLEAN WATER FUND O~/F%"~'/~, GI~NT AG~EMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY CITY OF BREMERTON THIS is a binding agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as the "DEPARTMENT" and the city of Bremerton, hereinafter referred to as the "RECIPIENT." The purpose of this agreement is to provide funds to the RECIPIENT to carry out the activities described herein. Part I. GENERAL INFORMATION Project Title: Cooperative Approach to CSO Reduction Grant Number: GO 000172 RECIPIENT Name and Address: City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 RECIPIENT Contact Chance Berthiaume and Telephone Number: (360) 478-5929- RECIPIENT Federal ID Number: 91-6001231 DEPARTMENT Address: Water Quality Program Department of Ecology Washington State " P.O. Box 47600 .~. Olympia, WA 98504-7600 DEPARTMENT Project Manager: Joan Snyder Telephone Number: (425) 649-7213 Fax Number: (425) 649-7098 E-Mail Address: j sny461@ecy .wa. gov DEPARTMENT Financial Manager: Karen M. Beatty-Lee Telephone Number: (360) 407-6549 City of Bremerton Cooperative Approach to CSO Reduction Grant No. G0000172 Fax Number: (360) 407-6426 E-Mail Address: kbea461@ecy.wa.gov DEPARTMENT Funding Source: Centennial Clean Water Fund Total Cost $200,000 Total Eligible Cost $200,000 DEPARTMENT Share $150,000 RECIPIENT Share $ 50,000 DEPARTMENT Maximum Percentage: 75 percent The effective date of this grant agreement shall be the date this agreement is signed by the DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of this agreement without prior written authorization will be at the sole expense and risk of the RECIPIENT. This agreement shall expire no later than February 2, 2003. PART II. PROJECT DESCRIPTION The purpose of the program is to reduce Combined Sewer Overflows (CSO) . The businesses and citizens of Bremerton will be educated about stormwater reduction measures and point and non-point source pollution prevention practices they can use. These goals will be accomplished by developing a comprehensive education and technical assistance program, and providing stormwater service connections in the right-of-way. The Cooperative Approach to CSO Reduction Project (Project) will run in conjunction with a separate program that will address inappropriate stormwater connections to the sanitary/combined sewer system on private property called the Residential Disconnection Assistance Program (RDAP) which will not be covered by this grant. Together these programs will create a cooperative effort between the RECIPIENT, its citizens and the DEPARTMENT to reduce CSOs. Page ~f 13 City of Bremerton Cooperative Approach to CSO Reduction Grant No. G0000172 PART III. PROJECT BUDGET TOTAL ELIGIBLE COST (TEC) ELEMENTS Task 1 - Project Management $ 20,000 Task 2 - Public Education and Outreach $ 80,000 Task 3 - CSO Separation $100,000 Total Eligible Project Cost (TEC) $200,000* * The DEPARTMENT's Fiscal Office will track to the Total Eligible Project Cost. MATCHING REQUIREMENTS DEPARTMENT Share FY 00 /75% of TEC) $150,000 RECIPIENT Share (25% of TEC) $ 50,000 Cash $50,000 Interlocal $ -0- In-kind $ -0- PART IV. SCOPE OF WORK The RECIPIENT shall ensure that this project is completed according to the details of this agreement. The RECIPIENT may elect to use its own forces to perform and complete project related work. Property and services donated by organizations or individuals to accomplish grant requirements may be credited to the project if in-kind match is specified in the project budget. Donated property and services must comply with the DEPARTMENT's current edition of Administrative Requirements for Ecoloqy Grants and Loans and the Water Quality Program Financial Assistance For Page 3 of 13 City of Bremerton Cooperative Approach to CSO Reduction Grant No. G0000172 Fiscal Year 2000 - Guidelines and Appendices, December 1998. Documentation is required for all donated property and services. The RECIPIENT certifies by signing this agreement that all negotiated interlocal agreements necessary for the project are, or will be, consistent with the terms of this grant agreement and Chapter 39.34 RCW Interlocal Cooperation Act. The RECIPIENT shall submit a copy of each interlocal agreement, necessary for this project, to the DEPARTMENT. The RECIPIENT certifies by signing this agreement that all applicable requirements have been satisfied in the procurement of professional services and eligible and ineligible costs are separated and identifiable. The RECIPIENT shall submit a copy of the final negotiated agreement to the DEPARTMENT for an eligibility determination. Task 1 - Project Administration/Management A. The RECIPIENT shall administer and manage the project. Activities shall include, but not be limited to, maintenance of project records, submittal of fiscal forms and payment vouchers, compliance with applicable procurement and interlocal agreement requirements, attainment of all required permits, licenses, easements, or property rights necessary for the project, conducting, coordinating, and scheduling of all project activities, quality control, and the preparation and submittal of required performance items. B. The RECIPIENT shall ensure that every effort will be made to maintain effective communication with the RECIPIENT's designees, the DEPARTMENT, all affected local, state, or federal jurisdictions, or any interested individuals or groups. The RECIPIENT shall carry out this project in accordance with completion dates outlined in this Agreement. C. The following number of reports should be provided at a minimum: Draft project completion reports - 3 copies · Final project completion reports - 4 copies Page 4 of 13 City of Bremerton Cooperative Approach to CSO Reduction Grant No. G0000172 The RECIPIENT shall submit two (2) copies of any document(s) which require DEPARTMENT approval. Once approval is given, one (1) copy will be returned to the RECIPIENT. If the RECIPIENT needs more than one approved copy, the number of submittals should be adjusted accordingly. D. The RECIPIENT shall submit all invoice requests and progress/quarterly reports to the Financial Manager of the DEPARTMENT. Progress/quarterly reports must comply with General Terms and Conditions, Item I Performance Reportinq. Invoice requests shall include a State of Washington Invoice Voucher Form A19-1A, and Administrative Requirements for Ecolo~c~/ Grants and Loans, Form B (ECY 060-3/ECY 060-7), Form C (ECY 060-8/ECY 060-9), Form D (ECY 060-11), and Form G (ECY 060-14) . Form E (ECY 060-12), Form F (ECY 060-13), Form H (F-21), and Form I (ECY 060-15) must be completed, where eligible costs have been incurred, and kept in the RECIPIENT's files. All progress repor[ing and vouchers submittals shall be addressed to the Financial Manager located at: Karen M. Beatty-Lee, Financial Manager Financial Management Section Water Quality Program Washington State Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 E. Ail other correspondence and document submittals should be addressed to the Project Manager located at: Joan Snyder, Project Manager Water Quality Program Northwest Regional Office Washington State Department of Ecology 3190 160tn SE Bellevue, WA 98008-5452 Page 5 of 13 City of Bremerton Cooperative Approach to CSO Reduction Gra~t No. G0000172 F. Required Performance: 1. Effective administration and management of this grant project. 2. Submittal of all required performance items, progress reports, financial vouchers, and maintenance of all project records. 3. Completion of all project requirements by February 2, 2003. Task 2 - Public Education and Outreach A. The RECIPIENT will perform workshops to educate citizens and business owners on the facts of why, how, when, and costs of our CSO reduction program. These workshops will be at convenient times and days to encourage attendance. Workshops will use a multimedia approach to clearly define the problems and offer potential solutions that can be applied to achieve the CSO reduction goals. The focus of each workshop will be to educate and recruit volunteer businesses and residents to separate their own systems and encourage them to share what they have learned with their friends and neighbors. The program will be citywide and will give citizens the opportunity to become involved with the CSO reduction effort. Invitations will be sent to residents and business owners based on their location within the City, as determined by established City Council District boundaries. Workshop announcements will be made through the local newspapers, Bremerton Kitsap Access Television channel (BKAT), an internet web site, mailers and/or door hangers to each business or residence in the city of Bremerton. B. The RECIPIENT will develop a distinctive and associative logo that will identify the CSO Reduction Program. C. Self-help handouts and informational brochures/packages will be developed and distributed at workshops or as requested via phone or e-mail. These include self-help guides on how to remove stormwater from the sanitary sewer system, and handouts on point and nonpoint source pollution prevention guidance. Page 6 of 13 City of Bremerton Cooperative Approach to CSO Reduction Grant No. G0000172 D. Two videos will be developed and will be used as part of the Project workshops and on TV. The first video will include animation showing how rainfall affects a combined or separated sewer system when stormwater is allowed to enter the system. This will show the difference between a combined and a separated sewer system, and how the sanitary sewer system will work after the roof and other stormwater flows are removed. Real footage of a CSO event will be included. The video will provide a visual aide to assist in developing a true understanding of how a sewer system functions. This video is a cornerstone of the public education portion of the program because it will show how removing downspouts and other rain leaders on private property will reduce CSO events. The second video will be a self-help video on how to separate downspouts and other rain leaders. 1,000 copies of this video will be made and distributed to the public. E. The RECIPIENT will develop and maintain an internet web site to promote Bremerton's CSO Reduction Program and distribute CSO reduction information. This information will include workshop dates, technical assistance on CSO redugtion, CSO separation schedules, progress reports, estimated CSO improvement completion dates, contact addresses for mail and e-mail and phone numbers. F. Success of the overall program will be evaluated based on tangibles such as total number of roof drains separated, estimated volume of stormwater removed from the system, program participants, workshop attendance, distribution counts of: brochures, self-help pamphlets, self-help videos, etc. A random survey of sewer ratepayers will be conducted pre and post workshops to determine the effectiveness of the workshops and the general public education effort. G. Equipment to be purchased with grant funds to facilitate this portion of the project, at a total cost not to exceed $12,000, include: Page 7 of 13 City of Bremerton Cooperative Approach to CSO Reduction Grant No. G0000172 1. Networked multimedia computer system, Pentium III class using Windows 98 operating system with read/write/rewriteable CDROM; 2. Microsoft Office Professional 2000, and GIF animation software. 3. Presentation projector with the capabilities of projecting video from a Personal Computer (Power Point or animated GIF/MPG video streaming) or a VCR/DVD player. 4. Presentation screen '5. Professional quality color printer 6. Miscellaneous software (web site development}. H. The RECIPIENT will create an application and process that is streamlined and easier to use by residential property owners concerning right-of-way work permits, fees and associated inspections. The simplified process will make it easier for the homeowner to complete work that is beneficial to both the city of Bremerton and themselves. I. Program information and meeting notification distribusion will be completed by: 1. Advertisements using: newspaper, local access television channel (BKAT) and the internet web site. 2. Televised spots including the animated video, video of a CSO occurring and how they can help prevent these overflows, as well as the self-help video. 3. General program information will be presented using billboards, advertisements on buses, and televised spots on the local access channel (BKAT) . 4. General distribution of handouts, i.e., posted at library, grocery stores, permit centers, City Hall, etc. J. Required Performance: 1. Provide a minimum of 12 multimedia workshops for the citizens of Bremerton. 2. Logo development for the program. 3. Develop an animated video with CSO footage. Page 8 of 13 City of Bremerton Cooperative Approach to CSO Reduction Grant No. G0000172 4. Develop and maintain an internet web site for the duration of the project. 5. Develop and p~int 30,000 self-help brochures on how to separate roof drain leaders. 6. Develop and print 30,000 self-help brochures on how to separate other rain leaders from the sanitary sewer system, i.e., driveway drains, foundation and curtain drains. 7. Create and distribute 1,000 self-help videos showing how to separate rain leaders from the sewer system. 8. Advertisements on buses, BKAT, billboards, newspaper advertisements and local flyer distribution and posting. 9. Simplified right-of-way permit process for homeowner to complete CSO improvement work. 10. Task 2 deliverables shall be included as part of the Project Final Report. All the above tasks shall be assessed and included as part of the Final Report. 11. Completion of all task requirements by February 2, 2003. Task 3 - CSO Separation A. Stormwater separation will be completed in the right-of-way to redirect stormwater from private residences to the curb line on a case-by-case basis. This will typically include removal/replacement of the sidewalk, curb and gutter and the installation of a pipe under the sidewalk. The pipe will typically be connected to a private stormwater system at the property line. B. Technical assistance and inspection of completed separation work will also be provided to program participants. This will include onsite visits to advise residential owners on how to separate their rain leaders. C. Required Performance: 1. The number of separations completed in the right-of- way, technical help visits, and onsite inspections for completed work shall be reported and evaluated as part of the Final Report. The Final Report shall include Page 9 of 13 City of Bremerton Cooperative Approach to CSO Reduction Grant No. G0000172 information on the estimated volume of stormwater removed from the sanitary sewer system as a result of these separations. 2. Completion of all task requirements by February 2, 2003. PART V. SPECIAL TERMS AND CONDITIONS A. Minority and Women's Business Participation. The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the effective date of this Agreement. In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT agrees to utilize the DEPARTMENT'S goals for minority- and women-owned business participation in all bid packages, request for proposals, and purchase orders. These goals are expressed as a percentage of the total dollars available for the purchase or contract and are as follows: Construction/Public Works 10% MBE 6% WBE Architecture/Engineering 10% MBE 6% WBE Purchased Goods 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE Professional Services 10% MBE 4% WBE Meeting these goals is voluntary and no contract award or rejection shall be made based on achievement or non- achievement of the goals. Achievement of the goals is encouraged, however, and the RECIPIENT and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: 1. Include qualified minority and women's businesses on solicitation lists. Page 10 of 13 City of Bremerton Cooperative Approach to CSO Reduction Grant No. G0000172 2. Assure that qualified minority and women's businesses are solicited whenever they are potential sources of services or supplies. 3. Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. 4. Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. 5. Use the services and assistance of the State Office of Minority .and Women's Business Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. By signing this Agreement, the RECIPIENT certifies that the above steps were, or will be followed. Any contractor engaged by the RECIPIENT under this agreement shall be required to follow the above five affirmative steps in the award of any subcontract(s). The RECIPIENT shall report to the DEPARTMENT at the time of submitting each invoice, on forms provided by the DEPARTMENT, payments made to qualified firms. The report will address: 1. Name and state OMWBE certification number of any qualified firm receiving funds under the voucher, including any sub-and/or sub-subcontractors. 2. The total dollar amount paid to qualified firms under this invoice. B. Equipment Purchase. The equipment to be purchased, and which is eligible through this project, is identified in Task 2, G. The total cost for this equipment is not to exceed $12,000. The RECIPIENT may, with DEPARTMENT approval, retain any equipment or property purchased with grant funds as long as it is being used to continue the program for which it was purchased. Page 11 of 13 City of Bremerton Cooperative Approach to CS0 Reduction Grant No. G0000172 C. Interlocal Costs. interlocal cash match must be in accordance with the terms of this agreement and Chapter 39.34 RCW Interlocal Cooperation Act. D. Time for Performance. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, the DEPARTMENT reserves the right to terminate this agreement. PART VI. ALL WRITINGS CONTAINED HEREIN This agreement, the appended GENERAL TERMS AND CONDITIONS, the DEPARTMENT's current edition of Administrative Requirements for EcolocD/ Grants and Loans, and the Water Quality Program Financial Assistance For Fiscal Year 2000 - Guidelines and Appendices, December 1998 contain the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modification(s} or amendment(s) of this agreement shall be of any force or effect unless signed by authorized representatives of the RECIPIENT and DEPARTMENT and made a part of this agreement, EXCEPT, that in response to a request from the RECIPIENT, the DEPARTMENT may change the grant expiration date or redistribute the grant budget. The DEPARTMENT may also change the Project Manager or Financial Manager without the concurrence of the RECIPIENT. IN WITNESS WHEREOF, the parties hereby execute this Grant: STATE OF WASHINGTON CITY OF BREMERTON DEPARTMENT OF ECOLOGY MEGAN WHITE, P.E'. DATE LYNN S. HORTON DATE PROGRAM MANAGER MAYOR WATER QUALITY PROGRAM Page 12 of 13 City of Bremerton Cooperative Approach to CSO Reduction Grant No. G0000172 DIRECTOR PUBLIC WORKS AND UTILITIES GLENNA MALANCA DATE CITY ATTORNEY ATTEST KATHLEEN MCKLUSKEY CITY CLERK APPROVED AS TO FORM ONLY ASSISTANT ATTORNEY GENERAL Page 13 of 13 GENERAL TERMS AND CONDI~ONS Pertainin§ to Grant and Loan Agreements of the Department of Ecology A. RECIPIF. NT PERFORMANCE All activit/es for which graut/loan funds are to be used shall be accomplished by the RECIPIENT and RECIPIEKrs employees. The RECIPIENT shall not assign or subcontract pedo~mance to others unless specifically authorized in writing by the DEPARt. B. SUBGRANTEE/C ONTRACTOR COMPLIANCE The RECIPIENT must ensure that all subgrantees and contractors comply with the terms and conditions of this agreement. C. THIRD PARTY BENEFICIARY The RECIPIENT shall ensure that in all subcontracts entered into by/he RECIPIENT pursuant to this agreement, the state of Washington is named as au express third-party beneficiary of such subcontracts with full fights ~ such. D. CONTRACTING FOR SERVICES (BIDDING) Contracts for construction, purchase of equipment and professional architecUa'al and engineering services shall be awarded through a competitive process, ff ~ by State law. RECIPIENT shall r~min copies of all bids received and contracts awarded, for inspection and use by the DEPAKTMENT. E. ASSIGN1HENTS No fight or cla/m of the RECIPIENT arising under this agreement shall be transferred or assigned by the F. COMPI.Ia.F/CE WITH Al,I, LAWS 1. The RECIPIENT shall comply fully with all applicable Federal, State and local laws, orders, regulations and permits. Prior to commencement of any construction, the RECIPIENT shall secure the necessary approvals and pc-rmits required by authorities having jurisdiction over the project, provide assurance to the DEPARTMENT that all approvals and pa'mits have been secured, and make copies available to the DEPARTMENT upon request. 2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all Federal and State laws, regulations, and policies against discrimination. The RECIPIENT further agrees to affirmati,~ely support the program of the Office of Minority and Women's Business Enterprises to the maximum extent possible. The RECIPIENT shall report to the DEPARTMENT the percent of grant/loan funds available to women or minority owned businesses. 3. Wages And 3ob Safer/. The RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. 4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state industrial insurance requ/rements. If the RECIP~ fails to comply with such laws, the DEPARTMENT shall have the fight to immediately terminate this agreement for cause as provided in Section K. 1, herein. G. KICKBACKS The RECIPIENT is prohibited fi:om inducing by any means any person employed or otherwise involved in this project to give up any part of the compensation to which he/she is otherwise entitled or, receive any fee, commission or gift in return for award of a subcontract hereunder. H. AUDITS AND INSPECTIONS 1. The RECIPIENT shall maintain complete program and financial records relating to this agreement. Such records shall clearly indicate total receipts and expenditures by fund source and task or object. All grant/loan records shall be kept in a msrtner which provides an audit trail for all expenditures. All records shall be kept ha a common file tn facilitate audits and inspections. Engineering documentation and field inspection reports of all construction work accomplished under this agreement shall be maintained by the RECIPIENT. 2. All grant/loan records Shall be open for audit or inspection b~ the DEPAR~ or by any duly authorized audit representative of the State of Wash/ngton for a period of at least three years afar the final grant payment/loan repayment or any dispute resolution hereunder. If any such audits identify discrepancies in the financial records, the RECIPIENT shall provide clarification and/or make adju~Uuents accordingly. 3. Alt work performed under this agreement and any equipment purchased, shall be made available to the DEPARTMENT and to any authorized state, federal or local representative for inspection at any time during the course of this agreement and for at least three years following grant/loan tc~,~h~ation or dispute resolution hereunder. 4. RECIPIENT shall meet the provisions in oMB Circular A-133 (Audits of States, Local Governments & Non Profit OrEan~'~tions) or OMB Circular A-110 (Uniform Administrative Requirements for Grants & Agreement~ with Institutions of Higher Education, Hospitals and Other Non-Profit Orgamzations) if the RECIPIENT receives federal funds in excess of $300,000. The RECIPIENT must forward a copy of the state auditors audit along with the RECIPIENT response and the final corrective action plan as approved by the SAO to the DEPARTMENT within ninety (90) days of the date of the audit report I. pERFoRMANCE REPORTING The RECIP~ shall submit l~ogress repons to the DEPARTMENT with each payment request or such other schedule as set forth in the Special Conditions. The RECIPIENT shall also report in writing to the DEPARTMENT any problems, delays or adverse conditions which will materially affect their ability to meet project objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments may be withheld if required progress reports are not submitted. Quarterly reports shall cover the periods January 1 through March 31, April 1 through June 30, July 1 through September 30, and October I through December 31. Repons shall be due within twenty (20) days following the end of the quarter being reported. COMPENSATION 1. Method of compensation. Payment shall be made on a reimbursable basis at least quarterly and no more ofirn than once per month. Each request for payment will be submitted by the RECIPIENT on State voucher request forms provided by the DEPARTMENT along with documentation of the expenses. Payments shall be made for each task/phase of the project, or portion thereof, as set out m the Scope of Work when completed by the RECIPIENT and certified as satisfactory by the Project Officer. The payment request form and supportive documents must itemize all allowable costs by major elements as descn]~d in the Scope of Work. Instructions for submitting the payment requests are found in "Adrn~ni~'a-ative Requirements for Ecology Grants and Loans", part IV, published by the DEPARTMENT. A copy of this document shall be fimfished to the RECIPIENT. When payment requests are approved by the DEPARTMENT, payments will be made to the mutually agreed upon designee. Payment requests shall be submitted to the DEPARTMENT and directed to the Project Officer assigned to administer this agreement. 2. Budget deviation. Deviations m budget arnotmts are not allowed without written amendment(s) to this agreement. Payment requests will be disallowed when the RECIPIENTs request for reimbursement exceeds the State maximum share amount for that element, as described in the Scope of Work. 3.Period of Compensation. Payments shall only be made for action of the RECIPIENT pursuant to the grant~oan agreement and performed ~ the effective date and prior to the expmtion date of this agreement, unless those dams are specifically modified in writing as provided hereto. 4. Final Request(s) for Payment. The RECIP~EI~ must submit final requests for compensation within forty-five(45) days aft~ the e~-pix~tion date ofthis agreement and with~ ~ (I5) d~s afar the end of a fiscal biemfium. Failure to comply may result m delayed reimbursement. 5. Performance Guarantee. The DEPARTMENT may withhold an amount not to exc~'d ten txmcent (10%) of each reimbursement payment as security for the RECIPIENTs lxa'formance and a financial bond. Momes withheld by the DEPARTMENT may be paid to the RECIPIENT when the project(s) described herein, or a portion thereof, have been completed if, in the DEPARTMENTs sole discretion, such payment is reasonable and approved according to this agreement and, as appropriate, upon completion of an audit as specified under sec. tion J.6., herein. 6. Unauthorized Expenditures. All payments to the RECIPIENT shall be subject to final audit by the DEPARTMENT and any unauthorized expenditure(s) charged to this grant/loan shall be refunded to the DEPARTMENT by the RECIPIENT. 7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the RECIP12ENT or other public entities, it shall not exceed the amount allowed under state law. 8. Overhead Costs. No reimbursement for overhead costs shall be allowed unless provided for in the Scope of Work heretmder. K. ~ATION 1. For Cause. The obligation of the DEPARTMENT to the RECIP~ is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of the DEPARTMENT, to perform any obligation required of it by this agreement, the DEPARTMENT may refuse to pay any further funds thereunder and/or terminate this agreement by giving written notice of termination. A written notice of termination shall be given at least fiv~ working days prior to the effective date of termination. In that event, all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the RECIPIENT under this agreement, at the option of the DEPARTMENT, shall become Department property and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Despite the above, the RECIPIENT shall not be relieved of any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of Washington because of any breach of agreement bythe RECIPIENT. The DEPARTMENT may withhold payments for the pm-pose of setoff until such time as the exact amount of damages due the DEPARTMENT fi.om the RECTPI~,Ff is determined. 2. Insufficient Funds. The obligation of the DEPARTIVfENT to make payments is contingent on the availability of state and federal funds thro~ legislative appropriation and state allotment When this agreement crosses over state fiscal years the obligation of the DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year. The failure to appropriate or allot such funds shall be good cause to terminate this agreement as provided in paragraph ICl above. When this agreement crosses the RECIPIENTs fiscal year, the obligation of the RECIPIENT to continue or complete the project descn~oed herein shall be contingent upon appropriation of funds by the RECIPIENTs governing body; Provided, however, that nothing contained herein shall' preclude the DEPARTMENT from demanding repayment of .ALL funds paid to the RECIPIENT in accordance with Section O hereto. 3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the project funded herein within four months after the effective date of this agreement, or by any date mutually agreed upon in writing for commencement of work, the DEPARTMENT reserves the fight to terminate this agreement. Waiver of any RECIPIENT default is not a waiver of ~ny subsequent default. Waiver 'of a bre~ch of any provision of this agreement is not a waiver of any subsequent breach and will not be construed as a modification of the terms of this agreement unless stated as such in writing by the authorized representative of the DEPARTMENT. M. PROPKI~TY RIGtlTS 1. Copyrights Md Patents. When the REC~P~ creates any copyrightable materials or invents any patentable property, the RECIP~ may copyright or patent the same but the DEPARTMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce, publish, recover or otherwise use the material(s) or property and to authorize others to use the same for federal, state or local government purposes. Where federal funding is involved, the federal government may have a proprietary interest in patent rights to any inventions that developed by the RECIPIENT as provided m 35 u.s.c. 200-212. 2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish information of the DEPARTMENT; present papers, lectures, or semin~s involving information supphed by the DEPARTMENT; use 1ogos, reports, maps or other data, in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to the DEPARTMENT. 3. · Tangible Property Rights. The DEPARTMENTs current edition of~Administrative Requ/rements for Ecology Crrants and Lomas", Part IV, shall control the use and disposition of all real mad personal property purchased wholly or in part with funds furmshed by the DEPARTMENT in the absence of state,, federal statute(s), regulation(s), or policy(s) to the contrary or upon specific instructions with respect thereto in the Scope of Work. 4. Personal Propea'ty Furnished by the DEPARTMENT. When the DEPARTMENT provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to the DEPARTMENT prior t0 final payment by the DEPARTMENT. If said property is lost, stolen damaged while in the RECIPIENTs possession, the DEPARTMENT shall be reimbursed in cash or by setoffby the RECIPIENT for the fair market value of such property. 5. Acquisition Proiects. The following provisions shall apply if the project covered by this agreement mcludes funds for the acquisition of land or facilities: a. Prior to disbursement of funds ~ovided for in this agreement, the RECIPIENT shall establish that the cost of land/or facilities is fair and reasonable. b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement Of funds provided by this agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions estabhshing that the land is free from any impediment, hen, or claim which would impair the uses contemplated by this agreement. 6. Conversions. Regardless of the contract termination date shown on the cover sheet, the RECI~P~ shall not at any time convert any equipment, property or facility acquired or developed pursuant to this agreement to uses other than those for which assistance was originally approved without prior written approval of the DEPARTMENT. Such approval may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of the sale, lease or other eonversidn or encumbrance which monies granted pursuant to this agreement bear to the total acquisition, purchase or construction costs of such property. N. RKCYCLKD~~L~ PAPER All documents and materials pubhshed under this agreement shall be produced on recycled paper containing the highest level of post consumer and recycled content that is available. At a minimum, paper with 10 percent post consumer content and 50 percent recycled content shall be used. Whenever possible, all materials shall be published on paper that is unbleached or has not been treated with chlorine gas and/or hypochlorite. As appropriate, all materials ~ be published on both sides of the paper and shall mi~imive the u~e of glos~ or colored paint and other ii.ns which reduce thc recyclability of the document O. RECOVERY OF PAYMENTS TO RECIPIRNT The fight of the RECIPIENT to retain momes paid to it as reimbursement payments is contingent upon satisfactory performance of this agreement including the salisfactory completion of the project desc-n-bed in the Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it by this agreement, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to repay to the DEPARTMENT all grantqoan funds disbursed to the RECIPIENT for those parts of the project that are rendered worthless in the opinion of the DEPARTMENT by such failure to perform. Interest shall accrue at the rate of twelve percent (12%) per annum from the time the DEPARTMENT demands repayment of funds. Ii'payments have been discontinued by the DEPARTMENT ch,_¢ to imUe~cient funds as in Section K.2 above, thc RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. Any property acquired under this agreement, at the option of the DEPARTMENT, may become the DEPARTMENI'S property and the RECIPIENTS liabih'ty to repay monies shall be reduced by an mount reflecting the fair value of such property. P. PROJECT APPROVAL The extem and character of all work and services to be performed under this agreement by the RECIPIENT shall be subject to the review and approval of the DEPARTMENT through the Project Officer or other designated official to' whom the RECIPIENT shall report and be respom'ible. In the event there is a dispute with regard to the extent and character of the work to be done, the determimtion of the Project Officer or other designated official as to the extent and character of the work to be done shall govern. The RECIPIENT shall have the right to appeal decisions as provided for below. Q. DISPUTES Except as otherwise provided in this agreement, any dispute concerning a question of fact arising under this agreement which is not disposed of in writing shall be decided by the Project Officer or other designated official who shall provide a written statement of decision to the RECIPEENT. The decision of the Project Officer or other designated official shall be final and conclusive unless, within thirty days from the date of receipt of such statement, the RECIPienT rn~s or otherwise furnishes to the Director of the DEPA_~TMENT a written appeal. In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the opportunity to be heard and to offer evidence in support of this appeal. The decision of the Dkee~or or duly authorized representative for the determination of such appeals shall be final and conclusive. Appeals from the Directors determination shall be brought in the Superior Court of Thurston County. Review of the decision of the Director will not be sought before either the Pollution Control Hearings Board or the Shoreline Hearings Board. Pending final decision of dispute hereunder, the RECIPI]~VF shall proceed diligently with the performance of this agreement and in accordance with the decision rendere& P~ CONFLICT OF INTEREST No officer, member, agent, or employee of either party to this agreement who exercises any function or responsibility in the review, approval, or can-ymg out of this agreement, shall participate in any decision which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is, directly or indirectly interested; nor shall he/she have any personal or pecuniary interest, direct or indirect, in this agreement or the proceeds thereof. S. ENDEMNIFICATION 1. The DEPARTMENT shall in no way be held respons~le for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. 2. To the extent that the Constitution and laws of the State of Washington permit, each party shall indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this agreement. T. GOVERNING I.,AW This agreement shall.be governed by the laws of the State of Wa4aington. If any provision of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. V. PRECEDF2~CE In the event of inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following ord.. (a) applicable Federal and State statutes and regulations; Co) Scope of Work; (c) Special Terms and Conditions; (d) Any terms incorporated herein by reference including the "Administrative Requirements for Ecology Grants and Loans"; and (e) the General T~aas and Conditions. SS-010 Rev. 9/98 AGENDA BILL BREMERTON CITY COUNCIL 1. $_U_~: 2000 Ambulance Rates FOR AGENDA OF: ~=, ORIGINATING DE~: ~in. Se~ice~ ORIGINATOR: Paula DATE SUBMITTED: ~c~-~er 22, 1~9 2. ~: (cogent on back 3. if n~essary) ~in. Se~ices ~ ~~ . a) ~te ~arison Table City Attorney {~~ /~ b) ~tte~s ~d S~eys fr~ Fire ~ief ~~~~ ~ul~ce ~ies Fisca~/~ c) ~ ~apter 5.50 ~erat ions ~,? ~~ ~f 4. S~Y STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: ~su~t to ~he ~ul~ce re~la~o~ ordi~ce, ~ul~ce rates cha~d for 911 ~S aid calls ~st be approved by co~cil. ~th local c~ies, Ol~ic ~d Br~rton, have s~itted requests for rate increases for 911 BLS calls to be effective J~ua~ 1, ~000. Clerk s~aff has s~eyed regional ~l~ce c~ies for c~arable rates. All s~veyed c~ies have raised ~heir ra~es since 1999 for BLS ~d the array of pro~cts ~d se~ices they provide. 8. R~COMMENDATION: Based upon this survey and the relative lower costs for services offered by Olyrrgic and Bremerton An~bulance Companies, Staff rec(xrmends approval of the proposed rates increases for 2000. 9. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Adnin. Services EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED __ DISAPPROVED ~ COUNCIL DIRECTIVE: DATE: 00-003 2. CLEARANCE COMMENTS (cont.!: 4. S~RY STATEMENT (cont,): 5. IMPACT ON NON-PASSAGE: 199~ BLS rates will remain in effect. 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES N/A 7. RESEARCH SOURCES: OLYMPIC AND BREMERTON AMBULANCE COS. 2000 RATE INCREASE PROPOSAL BASIC LIFE SUPPORT ITEM 1999 RATES 2000 PROPOSED RATES 1999 COMPARISON RATES OLYMPIC BREMERTON I RURAL METRO (1) A.M.R. (2) CENTRAL KITSAP DISCOUNTED BLS BASE RATE $ 226.00 $ 237.30 $ 237.30 UNDISCOUNTED BLS BASE RATE $ 242.50 $ 254.65$ 254.65 $ 350.00 $ 343.00 $300.00 MILEAGE (LOADED PATIENT) $ 10.50 $ 11.00$ 11.00 $ 15.00 $ 12.00 $5.00 'NIGHT CHARGE 7:00 P.M.- 7:00 A.M. $ 33.10 $ 34.75$ 34.75 $ 35.75 $ 37.00 * WAIT TIME / MINUTE $ 2.00 $ 2.10 $ 2.10 $ 5.00 1/2 HR- $60.00 · SECOND ATTENDANT $ 55.15 $ 57.90 $ 57.90 N/A N/A N/A OXYGEN $ 38.60 $ 40.55 $ 40.55 $ 50.00 $ 60.00 $25.00 I EACH PATIENT BILLED , , TWO PATIENTS $ 121.30 $ 127.35 i $ 127.35 SEPERATELY SIT-UP $ 66.15 $ 69.45 $ 69.45 * * * CANNULA / MASK .... SUCTION/TUBE $ 24.26 $ 25.45 I $ 25.45 * $ 35.00 * RESTRAINTS , , r .... OB KiT $ 27.60 $ 29.00 $ 29.00 * $ 35.75 * BURN KIT $ 27.60 $ 29.0015 29.00 * * * CERVICAL COLLAR $ 27.60 $ 28.98$ 28.98 $ 60.28 $ 53.00 $20.00 GLOVES/MASK $ 6.60 $ 6.95 $ 6.95 $ 3.50 * * DRESSINGS $ 11.05 $ 11.60 $ 11.60 * $ 20.75 * TRIANGULAR BANDAGES $ 6.60 $ 6.95 , $ 6.95 * $ 7.25 * ORAL AIRWAY * * I .... HOT/COLD PACKS $ 6.60 $ 6.95 SPINAL IMMOBILIZATION $ 38.60 $ 40.55 $ 40.55 $ 48.00 $ 45.00 $20.00 IV MONITOR $ 55.15 $ 57.90 $ 57.90 $ 50.00 * $15.00 · *INCLUDED IN OXYGEN RATE · INCLUDED IN BASE RATE (1) Rural Metro operates in Pierce, King & Snohomish Counties. (2) A.M.R. operates in Pierce, King, Snohomish, Spokane, Tri-Cities, Thurston, Lewis, Benton & Franklin Counties. OLYMPIC 2515 Cherry Place · P.O. Box 2437 Bremerton, WA 98310 (360) 377-7777 · 1-800-445-2257 November 8, 19999 Kathleen McCluskey, City Clerk Director of Administrative Services City of Bremerton 239 Fourth Street Bremerton, WA 98310 Dear Ms. McCluskey: Olympic Ambulance is submitting a proposed rate increase for implementation January 1, 2000. The new schedule reflects a 5% increase over the rates we currently charge. We still offer an early pay discount. As discussed in our study session, the write-offs for Medicare continue to increase, and the number of claims that Medicare denies continues to rise. Medicaid has stopped paying balances af[er Medicare payments. We also have seen .increases in labor and fuel expenses. These factors have initiated the rate increase. With the 5% increase Olympic Ambulance will remain one of the lowest priced, non- subsidized services in the State of Washington. Sincerely, / ~ Willi ~a~L'~hnT~ Presid~fit ~ Olympic Ambulance Rate Schedule Olympic Ambulance Description Olympic Ambulance 1999 Proposed 2000 Rates Rates 5% increase rounded to nearest .05 BLS Discounted Base Rate $ 226.00 $ 237.30 BLS Base Rate $ 242.50 $ 254.65 Mileage {Loaded Patient) $ 10.50 $ 11.00 'Night Charge 7:00--p.m.- 7:00a.m. $ 33.10 $ 34.75 Wait Time per minute $ 2.00 $ 2.10 Second Attendant $ 55.15 $ 57.90 !Oxygen $ 38.60 $ 40.55 Two Patients $ 121.30 $ 127.35 Sit-up $ 66.15 $ 69.45 Suction/Tube $ 24.26 $ 25.45 OB Kit $ 27.60 $ 29.00 Bum Kit $ 27.60 $ 29.00 Cervical Collar $ 27.60 $ 28.98 Gloves/Mask $ 6.60 $ 6.95 Dressings $ 11.05 $ 11.60 Triangular Bandages $ 6.60 $ 6.95 Hot/Cold Packs $ 6.60 $ 6.95 Spinal Immobilization $ 38.60 $ 40.55 IV Monitor $ 55.15 $ 57.90 BREMERTON AMBULANCE 2515 Cherry Place · Bremerton, WA 98310 [360) 377-7777 · Fax (360) 479-6210 November 30,1999 Kathleen McCluskey, City Clerk Director of Administrative Services City of Bremerton 239 Fourth Street Bremerton, WA 98310 Dear Ms. McCluskey: Bremerton Ambulance is requesting approval of the enclosed fee schedule to become effective January 1, 2000. The new schedule reflects a 5% increase over the rates we have had since January 1999. We still offer an early pay discount. We would like to thank the Council members, who participated in the study session in September, for allowing us the opportunity to explain ambulance billing and reimbursement issues. To recap the deciding factors of increasing our rates, the write- offs for Medicare continue to increase, the number of claims that Medicare denies continues to rise, Medicaid has stopped paying for balances after Medicare payments, and the increases in labor and fuel costs. Most patients within the city receive either Medicare of Medicaid benefits. Medicaid patients do not see any out of pocket expense. The average Medicare patient pays approximately $62.00 to $87.00 in out of pocket expenses. With a 5% increase the average Medicare patient would see a $3.10 to $4.35 increase. We are pleased that Bremerton Ambulance remains one of the least expensive, non- subsidized, services in the state of Washington. Sincerely ................... , Branch Direct°~_// Bremerton Ambulance Rate Schedule Bremerton Ambulance Description Bremerton Ambulance 1999 Proposed 2000 Rates Rates 5% increase rounded to, nearest .05 BLS Discounted Base Rate $ 226.00 $ 237.30 BLS Base Rate $ 242.50 $ 254.65 Mileage (Loaded Patient) $ 10.50 $ 11.00 Night Cha~e 7:00-p.m. - 7:00a.m. $ 33.10 $ 34.75 Wait Time per minute $ 2.00 $ 2.10 Second Attendant $ 55.15 $ 57.90 Oxy~len $ 38.60 $ 40.55 Two Patients $ 121.30 $ 127.35 Sit-up $ 66.15 $ 69.45 Suction/Tube $ 24.26 $ 25.45 OB Kit $ 27.60 $ 29.00 Bum Kit $ 27.60 $ 29.00 Cervical Collar $ 27.60 $ 28.98 Gloves/Mask $ 6.60 $ 6.95 Dressings $ 11.05 $ 11.60 Triangular Bandages $ 6.60 $ 6.95 Hot/Cold Packs $ 6.60 $ 6.95 Spinal Immobilization $ 38.60 $ 40.55 IV Monitor $ 55.15 $ 57.90 CURRENT RATES PROPOSED BLS ALS CCT BLS ALS CCT B~emerton Ambulance .... 242.50 ~18.95 418.95' 254.63~ - 43~).-9~) -439.90 01 ym_p_i_c_ ~ m_b.u ! a_.n c e 242.50. ' ~4~8.95' 418.95 ~-~'4.63 ---4-~9~.-~0 439.90 K-its. a-p._F_!_re & Rescue i 250.00 Mason County,5 350.00. 450.00 AMP 31600' ~97.00' 700+ Rural Metr~ ' ' ' 350.00' 640.00 765.00 Labor contract +4% Fuel Costs +20% Total-ExPenses '+12% AV~ _bil!.~_a~_~.ut-of-p°cket expenses Ins'd Pt Out-of-pocket 62 - 87 Mod pt ~ut-of-p~)~-k~t _. ' io~ Write-offs Mcd w/o per mo. ' - 32,300 ir~s Adj.-Per mo - 9,600 Bad debt w/o per.mo - 15,000 Mcd + Bad debt/mo = - 47,300 i Bremerton City Council Study Session Presentation January 5, 2000 Risk Management Plan for Chlorine Il Bremerton's Use of Gas Chlorine · RMP is a Federal ~ · Chlodne is a non-flammable, very reactive, requirement of the Clean ~ yellow-green gas, heavier than air. ~_%. OF t~,~_~,z Air Act. · Routes of harmful exposure are inhalation _ ?~~e'~ · Purpose iS to prevent and skin contact. --...~ ~z hazardous substances and · Used for disinfection to ensure a safe water to reduce severity of those supply.  releases t~at occur. · Only one location uses chlodne one-ton in · RMP affects only one Cit7 containers - McKenna Falls. owned location - the ~ chlorination facility at I~ · The City has not had any prot)lems in the use L McKenna Falls. of chlorine. Requirements of the RMP How Do We Prevent Chlorine Leaks? i a Operation and Maintenance Procedures · Purchase chlorine from a reputable vendor · Store chlorine inside a building · Employee Involvement and Training '. · Train all water operators in the proper a Release Scenario handling of chlorine · Emergency Response · Use leak detectors and an alarm system · Incident Investigation · Have proper emergency response plan · Compliance Audit and equipment ~ · Program Update · Coordinate with City Fire Dept and local L.· Reporting to Federal Agencies Haz Mat Team Map of Chlorination Location ID What Would Happen in the Event at McKenna Falls I~'" of a Chlorine leak? ,...~,.~'~;~,~._'"~;,,....- · Call 911 who would contact the hazardous materials response team from PSNS !: I /~ f ,'~/~ /I ,t · Notify/evacuate nearby residents if necessary '~i' f~ - ' · Probable scenario would effect 0.1mile from '"~'~1 / _~ ~;--~".'~ 'i .~ -// ~ ....... facility - no residences or businesses ' '..:~-~ , /t~ ~'-':,~i · Worst-case scenario would effect 0.9 mile from the facility - approximately 70 · f' "~','~'~'~ ~'' ~;~/[~"~-"- ~ residences PORT BL. AKEI_Y Port Blakely Joint Planning Area Proposal: The 1998 Kitsap County Comprehensive Plan designated 440 acres of property owned by Port Blakely, located west of Kitsap Lake, as an urban joint planning area for business and light industrial land uses. The designation was made to achieve the County's goal of having land zoned and available for businesses to locate on and for jobs to be created. A Subarea Plan is being prepared by Bremerton and Kitsap County that will identify the zoning for the property and specify the environmental protections that must be included for the project to be built. Alternative land uses are being considered for the site, including a mixed use project that would include residential, commercial and business uses. The project will include public trails, a public park and a buffer adjacent to our neighbors. Port Blakely: Port Blakely Tree Farms is a family owned company that has owned and operated tree farms in Kitsap County and throughout Washington since the turn of the century. Port Blakely Communities is the real estate division of Port Blakely Tree Farms. The Central Kitsap Business Center is part of a larger tree farm of 2,000 acres. Timeline: The Subarea Plan will be reviewed by the City of Bremerton and Kitsap County this Fall. If approved, the property could be annexed to the City of Bremerton in early 2000. Port Blakely could submit an application to the City for a specific project in the Spring of 2000. Environmental review and public input would take place in 2000 and into 2001. Construction of the project would not occur earlier than the Spring of 2001. Access and Services: There will likely be two access roads to the project, one at the north from Northlake Way and one at the south by an extension of Werner Road to the site. The project will be served with water and sewer by the City of Bremerton. Environmental Protection: The project will only proceed if it is demonstrated that there will not be adverse impacts to the productive salmon resources of Chico Creek or to the water quality of Kitsap Lake. A master drainage plan will be prepared at the time there is a specific project that will include the best management procedures for protecting water quality and controlling water runoff. Other Port Blakel.y Proiects: Port Blakely is currently developing Issaquah Highlands, a planned community in Issaquah with 3,000 homes, parks, trails, recreation, a regional retail center and a business center. Port Blakely also developed Montruex, a residential community of 300 homes in the City of Issaquah and has recently started construction of McGarvey Park, a residential community of 500 homes in the Renton area. Further Information: Call John Adams at (425) 391-4700 or send an e-mail to jadams@portblakely.com. Visit our web site at www.issaquahhighlands.com. Port Blakely is dedicated to developing environmentally sensitive communities and growing sustainable forest to benefit current and future generations ~ [ !11 ~,,\[~-A I "-~\', ,./ !Il I~ I~ ! ',I! '~'" '"(!' !!!~ '~i '[', , ~ 4 r!~ \5 ~ !' ; I'~ ~ Project: Central Kitsap Business Center Sub-area Plan Background: Kitsap County and the City of Bremerton are in the process of process of preparing a Sub-area Plan for approximately 440 acres of land located to the west of Kitsap Lake. Port Blakely Tree Farms owns this land and has expressed an interest in developing the area consistent with the Kitsap County Comprehensive Plan. The subject property is located within the City of Bremerton's Urban Growth Area. The feasibility of establishing a business park on the subject property has been preliminarily evaluated by the City and County working cooperatively with the project proponent. Acknowledging that the proposed project is both ambitious and complex, a planning strategy in which the critical issues were identified early in the process was agreed to by all participants. This strategy identified the most critical issues which must be addressed immediately, those issues which may wait until a full planning process is mounted and those issues which will addressed by another process. The fu'st level of analysis isolated those critical issues and players which might function as deal-breakers or conversely, deal-makers. In order to encourage an inclusionary pre- planning process, the County and City agreed to work in close consultation with Port Blakely Communities, the Suquamish Tribe and the Kitsap County Economic Development Council. Representatives from each of the interest groups were invited to participate in the work groups specifically created to address the key issues: transportation access to and from the site and environmental resources on the site. Upon completion of this early planning analysis, and a determination that the proposed uses for the site were feasible, the planning process was able to continue to the next stage towards developing a Draft Sub-Area Plan and facilitating environmental review. A summary of agreements and approaches associated with the planning process to date was developed and signed by all of the major participants. Project Description: The parcel of land under review is a large (approximately 440 acres) undeveloped site located within the Chico Creek Watershed. The project proposes business park, residential, supporting commercial and recreational uses. Approximately 300 acres of the total 440 acres are developable. Drainage flows both to Kitsap Lake and Dickerson Creek. Both of these bodies of water feed into Chico Creek which is home to an important salmon run. The soils found on the site vary in permeability and therefore also impact the drainage patterns. The proposed development is adjacent to a low-density residential community situated around Kitsap Lake which is widely used for recreational purposes. Preliminary work on preparing the Sub-Area plan has indicated that a mixed-use development would best meet the objectives of the City, County and project proponent. A mixed-use project would include high technology and light industrial commercial enterprises integrated with a range of residential units and an interconnected open space and recreational component, as well as an internal circulation system. Identified within Kitsap County as insufficiently provided, such businesses would be encouraged to locate at this site. Prohibited uses would include heavy industry, manufacturing and hazardous waste producing businesses. The intent behind allowing a mix of uses on the project site is that the residential uses will support and contribute to the economic development of the local economy. The objective of this plan is to facilitate, encourage and support proposed development which will further this goal of regional economic growth. Public Process: Consistent with the procedures set forth in both the Kitsap County Comprehensive Plan (May 1998) and the Bremerton Comprehensive Plan (April 1995) Citizen Involvement Program, opportunities for public participation in the development of the sub-area plan were established. On July 22, 1999, a public information meeting was held near the site. The meeting was publicized through two newspapers (The Bremerton Sun and The Central Kitsap Reporter), public postings and mailers distributed to all residents within a one-mile radius of the site. The event allowed the public to browse five informational tables with designated topics. The topics included roads, access and transportation; critical areas, salmon and environmental issues; land use and planning; the review process; and the proponent's proposal. Each station was staffed with City and County employees, as well as experts retained to examine the site and develop summary reports and recommendations. Additional opportunities for public involvement will be offered concurrent with the review of the Draft Plan by the City and County Planning Commissions. Anticipated Schedule: It is anticipated that a Draft Sub-Area Plan will be available for review by the middle of January. A SEPA Checklist is currently being prepared and a Threshold Determination is anticipated shortly. A joint workshop with both the City and County Planning Commission is in the process of being scheduled. Background discussion: Selecting a site for a new Recreation Center Background: Follow~ its review ora study conducted by an ad hoc committee of Senior Citizens, the Parks and Recreation Commission solicited public input on a proposal to replace the Senior Center and the Sheridan Park Community Center for nearly two years. At the conclusion of that process (which included five separate informal surveys during the past 18 months), it was clear tLat a majority of Bremerton's citizens agree that the community needs a new recreation center. As they began to work on a proposal to address that need, the Parks and Recreation Commission and City statTresearched other recently constructed facilities throughout the country. As a resuk of that effort, the group initially envisioned Bremerton's new facility as a 50,000 sq. ft. building (w~a 300-car parking lot) consmtcted on a park site at a cost of approximately $8 million. By early 1999, the Commission had begun the process of selecting a preferred site for the project. They eventually reviewed and evaluated all City park sites (and several school sites) plus: the Park Place site at Burwell and Park; the Puget Power/Dairigold site at I 1th and Park; the Payless site at 4th and Park; the Grocery Outlet site at 6th and Montgomery; and the BremAir site adjacent to Evergreen Park. (Plans for the proposed Sinclair Landing project eliminated the poss~ility of sites in. the downtowa area_) Original site evaluation: During their review of potential locations for the new facility, the Commission evaluated each site based on criteria that included: - Lot size (able to. accommodate building and parking areas) Site acquisition cost · Accessibility (for pedestrians, bikes, cars and public transit) · Visibility of the facility · Physical c'baracteristics (terrain and ~ews) By the conclusion of the original site evaluation process, the Commission had determined that Lions FieM was the pre_/erred location for the project. The Bond Committee and the Y2R Campaign: By the early summer of 1999, the Commission had successfally recruited interested citizens to ser,~e on a "bond committee" to help organize a campaign for a special election. The committee quickly adopted the title Y2R, meaning "Yes to Recreation", and established five sub-committees to work on marketing, public relations, voter registr ~mion, fund raising, and finance. A new Director of Parks and Recreation, with recent experience in development of a successful multi-million dollar community center in the Midwest, arrived on the scene in early July and quickly became immersed in the project. After two meetings with the committee .and a brief review of the work that had been accomplished to date, he suggested that the group further analyze the proposed budget and site location. The Project Design Team and the Mayor's Implementation Strategy: In order to expedite the expanded analysis, the Y2R Committee het, d a meeting in mid-August and agreed to create a sixth sub-committee to focus on "project design", which was to include all issues related specifically to the structure, parking, site selection and project budget. At that meeting, Mayor Horton also unveiled a groposed implementation strategy for downtown redevelopment (which incorporated the concept ora recreational component in conjunction with tourism, housing, retail, entertainment and the arts) and asked the committee to consider the possibility ora downtown location for the new recreation center. It was agreed that Mayor would attempt to publicize her proposed implementation strategy through the local media, and that Ckty staff would gauge public response to the ideas witla an informal survey. Ci~ officials soon met ' with the local newspapers, and l~ont-page stories about the Mayor's proposed strategy were published in the Sun and the Patriot in early September. Follow=up site evaluation: The Project Design Team began its work and quickly arrived at a common tmdershan~g: Attractive' design, effective marketing and efficient management will be more important to the success of the new center than its location. The team members f'axnly believed that almost all users would need to travel by bike, car or bus...wherever the new center is to be located. They also agreed to re-evaluate various sites (including potentiaI downtown locations) using an expanded set of criteria which included: · Environmental issues (including soil contamination and forestry concerns) · Regulatory issues (including shoreline setbacks, ESA, zoning, etc.) Development and con~uction costs (is one site cheaper ~ another?) Impact on existing neighborhood (increased congestion, lraffic, noise, etc.) · Impact on existing infrastructure (traffic patterns, water supply, sewer capacity, etc.) · Impact on existing green space Relationship to schools, YMCA, etc. · Public option The Project Design Team crafted an informal public survey to help guide their work, and within a month the group had organized trips to Victoria, Tukwila, Kent and Tacoma to evaluate sites, structures, parking needs and project costs. The Mayor then secured the services of a design consultant to deteimine the feasibility...and to compare the costs...ofdeveioping a new recreation center on various sites, including two downtown locations (one with an exiting building and the other with an unencumbered 1-acre construction site) and one undesignated park located outside of the downtown area. Conclusions: On December 2~, the Project Design Team presented its final recommendations to the entire Y2R Committee. Based on their research, informal survey results and input at various public meetings, the team members concluded that: · Actual project costs for a new recreation center are approximately $15 million · The preferred location is a site east of the JC Penney building By a vote of 12-2, the members of the Y2R Co ,mmittee endorsed and accepted the ~ recommendations of the Project Design Team and directed ti-at they be passed on to the City Council for official action. Disadvantages of a Downtown site: · Perceived problems with traffic and parking - (Committee's response: Parking is now included in the project budget; facility auto traffic will not conflict with rush hour; bike access still needs to be addressed) · Safety concerns - (Committee's response: Facility will be well-lighted; areas of high activity tend to discourage "problem makers") - Downtown's image - (Committee's response: Project could stimulate development of housing, entertainment, retail and to.sm components) · Property acquisition costs and loss i)f future tax revenue to the City - (Committee's response: Relatively modest due to size of proposed site) · Project deve}o, pment costs -(Committee's response: Comparable to costs f. or development in a park setting) · Limited space for future expansion, if needed Advantages of a Downtown site: · Central location - Accessible by car, ferry and public transit · ,High visibility - Dramatic "statement" at portal to the City · No known environmental issues · No forestry ',msues · Does not consume valuable green space · No impact on residential neighborhoods - Large number of visitors is often considered a negative in residential arms; can be a positi~/c in commercial areas · Infrastructure in place - Water, storm sewer, sanitary sewer and overflow parking facilities · Minima~ negative impact on YMCA -Though not far "west'"...it's still across thc water · Advantageous traffic flows - Peak week-day hours generate traffic opposite PM rush hour flows; no traffic problems on weekends · Public opinion - More ~ 80% of those who have taken the t'.,_ime to express an opinion in writing are in support of the downtown concept (although a specffic site was not identffied) Even ff Downtown makes, sense .... Why this, specific site ? Disadvantages of the preferred location: Concerns over parking. · Concerns over traffic congestion. Concerns over property acqnisition costs. Advantages of the preferred location: Highly visible from waterfront and ferry. · Accessible from three existing streets. · ,Compact: size of site results i~ lower demolition and acquisition cost and lessens impact on future propert~y tax revenues · Limited business displacement (one restaurant, one tri-plex and three surface parking lots) Can attract' walk-in customers from ferry terminal · Mixes well with anticipated development of residential, entertainment and retail components in immediate area · Complements uses at Admiral Tl~eater (breakout rooms)