The URL can be used to link to this page

Home My WebLink About02/12/03 AGENDAFILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 4.78-5280 · Fax 1360~ 478-5251 ***AMENDED*** CITY COUNCIL MEETING AGENDA FEBRI~Y 12, 2003 PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room A. General Council Business CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation CONSENT AGENDA A. Minutes of Meeting - January 29, 2003 (#AB03-015) B. Surplus of two 5-Yard Dump Trucks (#AB03-016) C. Approval of Pay Band Step for initial hire of Assistant City Attorney (#AB03-021) CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS MAYOR'S REPORT PUBLIC RECOGNITION - Comments limited to 3-minutes NEW BUSINESS C;/ A. Extension of Contract with JOHNSTON & CULPERSON, INC. for Workers' Compensation Claims Administration (#AB03-017) B. Professional Services Agreement for Insurance Broker Services with WILLIS OF SEATTLE, INC. ~,~.~.,~ (#AB03-018) C. Proposal to Purchase (with Bond Levy Funds) four 12-Lead EKG Machines and three ,.~i~) Automated External Defibrillators from MEDRONIC/PHYSlO-CONTROL (#AB03-019) 9. PUBLIC HEARINGS - ORDINANCES & RESOULTIONS A. Ordinance No. 4847 [Second Reading] Vacating a portion of 2nd Street, East of Washington Avenue (#AB03-014) B. Ordinance [First Reading] re-codifying and amending Chapter 5.50 as Chapter 18.06 of the Bremerton Municipal Code (BMC) entitled "AMBULANCE SERVICES" (#AB03-020) ~,~e_.cu,.-h'~'~- _<e_,s~,'o ~ o,.1 "P~J~'¢I l.,'~'gq"h',~'J "per' ,~c 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL MEETING FEBRUARY 12, 2003 SPEAKERS LIST If you wish to make an announcement, inform the Council of an issue, or ask a general question...Please provide information below so staff will be able to contact you. Thank you. NAME ADDRES S/TELEPHONE TOPIC Chairman - ~Tohn Batchelor PO Box 4294 Bremerton, WA 98312 360-830-4294 jbotchelor~worldfront.com Co-¢hairman - George & Sharon Broom 15520 Broom NE Bainbridge Ts., WA 98110 206-842-§147 geobrooms~aol.com Co-Chairman - Paul & Kitty Ogg 7233 Stanford Ct. Bremerton, WA 98311 360-692-6032 kjoggpr~eal.com T?easurer/RegistmtjQi1 - ~Toan & Barry Weaver 2949 Alson Ct. 5E~ Port Orchard, WA 98366 360-876-7736 pensqs~sinclair.net Reaist~ation - Marianna & ~ary Knowlton 170 N Beach br. Part Ludlow, WA 98365 360-437-2703 morionno~olympus.net February 12, 2003 The Honorable Mayor Cary Bozeman City Council Members Bremerton, WA 98337 Dear Mr. Mayor and Members of the City Council: My name is Correne Hall and my Co-chair is Alan Hurt. We are here to tell you about the 52nd Annual 2003 WA State Square and Folk Dance Festival which is scheduled at the Kitsap County Fairgrounds, June 20 and 21. The Festival planning committee anticipate over 1500 dancers from across the state as well as Canada and Oregon. Dancers from 6 to 96 participate in this fun family orientated activity which offers many opportunities tO greet friends and meet dancers from the many square dance clubs located in other areas. Locally, Kitsap County Square Dance Clubs dance at our hall located in Gorst on the Old Belfair Hiway. We also dance at the Boy Scout Hall in Silverdale, participate in the Whaling Days Parade in Silverdale, and offer many demonstrations at various times in surrounding communities. Our Kitsap County 4X4 Club teen dancers and our Clogging and A dancers will be found "kicking up their heels" in their own dance halls. In addition, not only will round dancers (which is patterned ballroom dancing) enjoy the chance to dance with a variety of state Cuers, they will have opportunity to participate in a "teach" to learn the latest round dances, maybe a fox-trot or perhaps a rumba. To promote square dancing, we are presenting a framed picture of our logo to the City of Bremerton anticipating placement in a public area. E DANCE WITH ME IN 2003 Correne Hall and Alan Hurt, Co-chairs Promotion, Publishing & Visitation AGENDA BILL BREMERTON CITY COUNCIL 1. ~: MINUTES OF MEETING - JANUARY 29, 2003 FORAGENDAOF: FEBRUARY 12, 2003 ORIGINATING DEPT: CITY COUNCIL ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: JANU^R¥ 31, 2003 2. ~: (Comment on back if necessary) 3. ~: ENDORSEMENT [] MAYOR: INFORMATION [] APPROVED FOR SUBMITTAL BY CO/UI~ ?n PRESIDENT: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 7. N F T : PULLED [] TABLED [] COUNCIL DIRECTIVE: APPROVED [] 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: DISAPPROVED [] AMENDED [] DATE: 3A 8. AGENDA BILL NO.: I 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCE,~: 11. RESEARCH SOURCES: TAPE #1876 CITY COUNCIL MEETING MINUTES January 29,2003 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, January 29, 2003, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Mike Short, Will Maupin, Eric Younger, Mike Shepherd, Daren Nygren, and Cecil McConnell. Council members Wayne Olsen and Ed Rollman were absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell., followed by the invocation provided by Deacon Jim Bemis of Our Lady Star of the Sea Church. President Arends made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to the meeting Agenda; and 2. Items 3B and 9C have been added to the meeting agenda. CONSENT AGENDA A. Minutes of Meeting - January 22, 2003 (#AB03-011) B. Insurance Renewals (#AB03-016) #0015 MISICIU (McConnell/Nygren) Move to approve Consent Agenda as presented. CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0030 MISICIU (Younger/McConnell) On January 29, 2003 the Council approved payment for Check Numbers 278057 through 278242 in the amount of $424,464.96. COUNCIL MEMBER REPORTS Cecil McConnell announced at the next District 1 & 2 Town Meeting, City staff would be available to discuss "Local Concerns about Traffic Control"on Thursday, February 20 beginning at 6:30 P.M. at the Sheridan Park Recreation Center. Daren Nvuren thanked Detective Wendy Davis for her presentation at the District 3 Neighborhood meeting last night, and thanked the citizens of Manette for their attendance. He also indicated that he would be raising various issues in the near future related to committees he has been participating on. Mike Shepherd discussed the importance of shopping locally. Will Maupin thanked all of the residents who attended the District 8 & 9 last Thursday; and also discussed his attendance at the Bremerton Housing Authority Board meeting on Monday night. Mike Short reiterated his appreciation to the citizens who attended the District 8 & 9 meeting. Carol Arends discussed her attendance at the meeting of the Public Facilities District Committee held Monday night, which is the committee providing the funds for the Hotel & Conference Center. TAPE #1876 City Council Reg. Mtg. Minutes January 29,2003 Page 2 of 4 MAYOR'S REPORT - There was no MayoKs Report tonight. PUBLIC RECOGNITION Allen Shute thanked Council members of District 8 & 9 for an informative meeting last night, and thanked Janet Lunceford and Roger Lubovich for participating in the presentation. He reiterated his concern that a citizen has not been assigned to the Parking Committee. Sherril Huff-Menees of the Mayor's office, pointed out that a decision was made to have only City staff participate in Phase ! of this process to discuss the technical issues, and at the proper time, citizens will be invited to participate in Phase !!. Marsha Parker announced that Missoula Children's Theater would be in town to hold auditions for a production of Hansel and Gretel on February 10, and that the public would be invited to attend the performance on Saturday, February 15 at 2:00 P.M. at the Bremerton High School. 8A - APPOINTMENT OF HOLLY JAMES TO THE BREMERTON CIVIL SERVICF COMMISSION (#AB03-012): On behalf of the Mayor, Sherril Huff-Menees indicated that the term of current board member John McConaughey expires on February 23, 2003. She discussed the experience of Holly James, and stated that the Mayor recommends the vacancy be filled by Holly James. Holly James thanked the Council for this opportunity to serve. There were no comments from the public. #0535 M/S/C/U (Nygren/McConnell) Move to confirm the appointment of Holly James to the Bremerton Civil Service Commission effective February 23, 2003. 8B - GRANT CONTRACT AMENDMENT WITH THE WASHINGTON STATE COALITION TO REDUCE UNDERAGE DRINKING (#AB03-013): Shirley Wise, Traffic Safety Coordinator, announced that the City of Bremerton was awarded $55,259.97 to participate with the Washington State Coalition to Reduce Underage Drinking and conduct activities to support the Coalition's objectives. No funding match is required. The Traffic Safety Coordinator for Bremerton and Kitsap County is tasked to meet the compliance requirements and administer the grant. The time period is October 1, 2002 to June 30, 2004. There were no comments from the public. #0690 M/S/C/U (McConnell/Shepherd) Move to approve the acceptance of the Reduce Underage Drinking Grant from the Division of Alcohol and Substance Abuse in the amount of $55,259.97. 9A - PUBLIC HEARING AND ORDINANCE NO. 4846 [SECOND READING] AUTHORIZlNR THE ISSUANCE OF THE REVENUE BONDS FOR THE CONFERENCE CENTER PARKINR GARAGE AND HOTEL PLAZA {#AB03-O08): First reading of the ordinance was heard at the Council meeting on January 22, 2003. Gary Sexton, Economic Development Director, reiterated that Council action and approval is required for the Agreement and Ordinance for the bond issuance to complete cost coverage for the Conference Center Parking Garage, Hotel Plaza, and Conference Center in the sum of $11,750,000.00. Judith Andrews., a representative from the Bond Council, pointed out the changes made to the ordinance. There were no comments from the public. #0800 M/S/C/U (Younger/Short) Move to pass Ordinance No. 4846 on second reading. TAPE #1876 City Council Reg. Mtg. Minutes January 29,2003 Page 3 of 4 9B - PUBLIC HEARING AND ORDINANCE rFIRST READING] VACATING A PORTION OF 2"D STREET, EAST OF WASHINGTON AVENUE (#AB03-0'I4): Michael Mecham, City Engineer, explained that the City has initiated the vacation of a portion of Second Street east of Washington Avenue. The City Council conducted a public hearing on December 11, 2002, in accordance with state law and the Bremerton Municipal Code. The vacated area will be incorporated into the abutting City owned property to provide a site compatible with usage for downtown redevelopment. This vacation is sought to enable the City to implement the plan, adopted by Ordinance 4828, 4829, and 4830, that provide comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated. Functionality of Second Street as a transportation facility will not be significantly affected. Access to the waterfront will not be impeded with this vacation. This is a Class [! right-of-way and compensation is not required in accordance with BMC 11.20.080. The City Council is being requested to approve, disapprove, or modify this vacation of a portion of Second Street, east of Washington Avenue. He clarified that the use of the property would remain the same, but would allow an overhang from the hotel onto the sidewalk once construction is completed. There were no comments from the public. #0920 M/S/C/U (Maupin/Short) Move to approve the attached ordinance on first reading, vacating a portion of 2n~ Street east of Washington Avenue. 9C - RESOLUTION NO. 2885~ DECLARATION OF EMERGENCY~ NAVAL AVENUE SEWER MAIN (#AB03-015]: Gene Sampley, Public Works & Utilities Director, explained that approx. 2,300 feet of the Naval Avenue Sewer Force Main is experiencing repeated and continual spot- failures of unknown cause. The number and increasing frequency of spot-failures is indicative of a degenerating pipe condition that could result in a total pipe failure affecting public health and safety. Immediate action is necessary to cause the permanent repair or replacement of the force main. RCW 39.04.280 (1)(c) specifically authorizes a municipality to waive competitive bidding requirements for purchases in the event of an emergency, and BMC 2.76.600(a)(3) provides the City is not required to seek competitive bids when the City contracts for materials, goods and equipment in order to effectively respond to emergencies affecting public health and safety. It is recommended that the City Council adopt Resolution No. 2885 declaring an emergency condition exists and authorizing the Mayor to cause the repair or replacement of the Naval Avenue Sewer Force Main per RCW 39.04.280 (1)(c) and BMC 2.76.600 (a)(3). It was noted that failures were first noticed about a year ago, then 6-months later, another leak occurred. Since then, there have been several more leaks. It was indicated that Stan Palmer will be the contractor on the project. Roger Lubovich added that this resolution would allow the Mayor to execute a contract to get the project going right away without waiting for an additional week until the next business meeting. There were no comments from the public. Mr. Nvoren asked when the sewer problem became known to the Utilities Department. Mr~ Sampley stated that the first failures were about a year ago, and began as a few pin-hole size leaks. Approximately six months ago, the leaks began to increase in size and frequency. Mr_._:. Nvoren also asked how long the previous pipe was in service before requiring replacement. Mr. Sampley was not sure if there was a force main in that location prior to the current pipe requiring replacement. TAPE #1876 City Council Reg. Mtg. Minutes January 29,2003 Page 4 of 4 Mr. Nvaren asked if city staff would be used to minimize the financial impact to the City, and if a contractor has been selected. Mr. Sample¥ answered that he hopes to have City staff out doing traffic control and providing instant responses to any concerns regarding pavement repair. He also indicated that STAN PALMER CONSTRUCTION would be the contractor for this project. Mr. Shepherd noted that he would like to see more repairs done prior to emergencies. Mr~ Sampley established that the state has provided some flexibility for spending during an emergency to $200,000 on the Public Works roster. Mr. Younger asked if the project is estimated at $115,000 and $200,000 is allotted, what would happen to the additional $85,000. Mr. Sampley clarified that $115,000 is the cost of the contractor work, but that additional work done by the City would cost $50,000 - $75,000. Mr. Younger then asked if the road was going to be torn up would the City consider installing conduit so that future broadband could be installed. Mr. Sampley said that unfortunately, the area would not allow the necessary clearance to install the conduit. Mr. Maupin and Mr. Short asked for clarification on the installation process. Mr. Sampley explained that there are safeguards in place to prevent any rupture of the main during the removal phase of the project, and that the new pipe material should prevent this kind of problem in the future. #1675 MISICIU (YoungedMaupin) Move to pass Resolution No. 2885 declaring an emergency condition exists, and authorizing the Mayor to cause the repair or replacement of the Naval Avenue Sewer Force Main. With no further regular business, the meeting adjourned at 6:28 P.M. Prepared and Submitted by: Attest: LORI SMITH Legislative Assistant PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CNP J/Is/cge c: Normal Distribution; File SUB~E~;T: Surplus of 5-yrd Dump trucks 3066, 3067 AGENDA BZLL BREMERTON C~TYCOUNCZL FOR AGENDA OF: ORZG][NATZNG DEPT: ORZG]'NATOR: DATE SUBMI'TTED: February 12, :~O03 PW&U EouiDment Service~ Jim Orton, Fleet Mar 3anuarv 28, 2003 2. ~ (Comm~fnt~ on ;%a~ 3. EXHZBI'rS: none Director, PW & Utilities-';* --"'~ ~) Director, Finance City Attorney ~ ~ Finance & Budge{~ Co.rr~--~r~ ~ ~ Operations Corn ENDORSE~.,.~I'~PPROVED BY COUNCI~PRESZDENT~ FOR SUBMTI-rAL: MAYOR -- v ~.~ (~OUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REOUZREMENT FOR COUNCZL Ac'rZQN: Public Works (Street Division) has 2 - 1990 International 2554, 5-yard dump trucks, vehicle numbers 3066 and 3067 that are surplus to its need. The 2003 Parks and Recreation Budget includes the purchase of one used 5-yard dump truck for the amount of $25,000. The Parks and Recreation Department agrees that Vehicle #3067 meets its need and it is recommended that ownership of Vehicle #3067 (VIM: 1HTGBNHRXMH336774) be transferred to Parks for the sum of $25,000 from Fund 510 acct #1837. Vehicle #3066 (VIM # 1HTGBNHRXNH336774) will be surplused in accordance with City policies and procedures. It is also recommended that all funds accrued to the credit of the Street Fund for vehicles #3066 and #3067 within Fund 510 (Equipment Rental Reserve) including sale proceeds and replacement reserve be transferred to Street Fund No. 102, Miscellaneous Revenue account #369.9000. 5, RE M D O : That the City Council approve the sale and transfer of vehicle #3067 to Parks & Recreation Department for a purchase price of $25,000 from Fund 510 acct #1837 and surplus of vehicle #3066 in accordance with City policies and procedures. Sale proceeds and replacement reserve within Fund 510 will be transferred to Street Fund No. 102, Miscellaneous Revenue account #369.9000. RESPONSZBLE OFFZCZAI~: ENFORCEMENT OFFZCZAL: P D : REVZEW DATE.' Director of Public Works and Utilities E ui ment Servic s Division Nanaqer 10. NO'I/CE OF ACT/ON PULLED [] TABLED [] CO ZL D RE E: APPROVED [] DZSAPPROVED[] AMENDED [] 11. AGENDA BZLL NO.: 7 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REOUTREMENT FOR COUNCZL ACTION - Continuatiqn 6. IMPACT ON NON-PASSAGE: The vehicles would not be declared surplus and the Street Fund would have a revenue shortfall equal to the value of: the two vehicles. The Parks Department would be unable to purchase the 5-yard dump truck for ongoing operations. 7. IMPACT ON STAFEZNG, BUDGETS, FACZLZ'rZES, EOUIPMENT AND OTHER RESOURCF;: This action is included in the adopted 2003 budget. 8. E R H OUR ES: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA: February 12, 2003 APPROVAL OF PAY BAND STEP FOR INITIAL ORIGINATING DEPT: City Attorney's Office HIRE ORIGINATOR: Roger A. Lubovich DATE SUBMITTED: February 12, 2003 2. CLEARANCES: (Comment on back if necessary) ROGER A. LUBOVICH, City Atto~e~-~ 3. EXHIBITS: Memorandum FISCAL & BUDGET CHAIRMAN OPERATIONS CHAIRMAN MAYOR ~ APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A conditional offer of employment has been made to an applicant for the position of Assistant City Attorney. BMC 2.50.032(a) requires City Council approval to hire an employee at an initial rate which exceeds Rate 1. The applicant is an experienced attorney. The applicant's primary duties will be handling in-house litigation as well as transactional matters. The City Attorney's Office is requesting to place the applicant at Pay Band 17, Rate 5. 5. RECOMMENDATION: Move to approve initial hire for Assistant City Attorney at Pay Band 17, Rate 5. 7. NOTICE OF ACTION: PULLED [] TABLED [] APPROVED [] COUNCIL DIRECTIVE: 6. RESPONSIBLE OFFICIAL: City Attorney ENFORCEMENT OFFICIAL: City Attorney EXPIRATION DATE: N/A REVIEW DATE: N/A DISAPPROVED [--] AMENDED [~ ~:C~~ 8. AGENDA BILL NO.:~- --0~--I 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The position is currently budgeted in the City Attorney's budget. 11. RESEARCH SOURCES: Office of the City Attorney Roger A. Lubovich, City Attorney nemeralulum Privileged and Confidential Bo: City Council Roger A. Lubovich Assistant City Attomey February 12, 2003 I have made a conditional offer of employment to an applicant for the vacant Assistant City Attorney position. The applicant has worked as a local litigator since 1997 and is currently working at a firm in Seattle. His experience includes litigation, transactional work, and municipal representation. The applicant has accepted the conditional officer of employment. BMC 2.50.032(a) requires City Council approval to hire an employee at an initial rate which exceeds Rate 1. I am requesting to place the applicant at Pay Band 17, Rate 5. The salary is budgeted within the City Attorney's 2003 budget. See attached Management Salary Plan. I am available to answer any questions regarding the applicant's history. I 1 I I I I I I I 1 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: EXTENSION OF CONTRACT FOR AGENDA: February 12, 2003 WITH JOHNSTON & CULBERSON, 1NC. FOR ORIGINATING DEPT: City Attorney's Office WORKERS' COMPENSATION CLAIMS ORIGINATOR: Peggy Lesser, Risk Manager c~ ADMINISTRATION DATE SUBMITTED: 2. CLEARANCES: (Comment on back if necessary) I~.~A~L~I~OIlCH, Gfty Attorney a OPE~TIO~S C~A~ 3. EXHIBITS: CONTRACT APPROVED FOR SUBMITTAL: ENDORSEMENT [] INFORMATION [] COUNCIL PRESIDENT MAYOR ,- 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Johnston & Culberson, Inc. has been providing workers' compensation claims administration services to Bremerton since 1996. The firm's service has been more than adequate, and we would like to extend the contract for two additional years. The annual service fee for 2003 would remain at the 2002 price of $16,100. The 2004 fee would increase by approximately 4% to $16,800 per year. 5. RECOMMENDATION: Motion to approve the proposed two year contract extension with Johnston & Culberson, Inc. and to authorize the Mayor to execute the same. 7. NOTICE OF ACTION: PULLED ['-1 TABLED ~] COUNCIL DIRECTIVE: 6. RESPONSIBLE OFFICIAL: Risk Manager ENFORCEMENT OFFICIAL: Risk Manager EXPIRATION DATE: 1/31/05 REVIEW DATE: 6/30/04 APPROVED [] DISAPPROVED [] AMENDED [] DATE: 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: Bremerton would solicit proposals from other claims administrators and incur additional start costs associated with the transfer o£active claims. 10. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None. Thc cost of claims administration services is included in the risk management budget adopted for 2003. 11. RESEARCH SOURCES: 10 AMENDATORY ENDORSEMENT City of Bremerton This Amendatory Endorsement, which shall become effective February 1, 2003 and continue through January 31, 2005, is entered into by Johnston & Culberson, Inc., A Sedgwick CMS Company, hereinafter called "Service Company" and City of Bremerton, hereinafter called "Employer". IT IS AGREED THAT: Item 4 of the March 1, 1996, Service Agreement is changed to reflect the following new fee: SERVICE FEE: Employer agrees to pay fees defined in A and B below as service charge to Service Company. Those expenses in C, D and E will be borne by the Employer as necessary. A. For all Claims, Statistical and Accounting Services outlined in the March 1, 1996 Service Agreement, Employer agrees to pay Service Company the following annual fees: Year One: $16,100, billed quarterly in advance, for the first 50 claims, $322 per claim thereafter. Year Two: $16,800, billed quarterly in advance, for the first 50 claims, $336 per claim thereafter. Risk Control Services: For Risk Control Services as defined herein, as requested, Employer agrees to pay Service Company $100 per hour for on-site consulting. All legal and allocated claims service expenses, which are incurred in the litigation of any claim, will be paid by the Employer. All costs of printing necessary forms, archive claim storage and retrieval fees and all cos. ts. for First AId/CPR training materials or materials used in developing audio-visual tralmng programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. A service charge of 1% per month (12% per annum), will be applied on all outstanding invoices 30 days after date of invoice. IN WITNESS WHEREOF, the parties have caused this Amendatory Endorsement to be executed by the persons authorized to act in their respective names. Signed this __ of ,2003. Johnston & Culberson, Inc., A Sedgwick CMS Company By: ~ Title: President Gerald A. Johnston City of Bremerton By: Title: AMENDATORY ENDORSEMENT City of Bremerton This Amendatory Endorsement, which shall become effective February 1, 2003 and continue through January 31, 2005, is entered into by Johnston & Culberson, Inc., A Sedgwick CMS Company, hereinafter called "Service Company" and City of Bremerton, hereinafter called "Employer". IT IS AGREED THAT: Item 4 of the March 1, 1996, Service Agreement is changed to reflect the following new fee: o SERVICE FEE: Employer agrees to pay fees defined in A and B below as service charge to Service Company. Those expenses in C, D and E will be borne by the Employer as necessary. A. For all Claims, Statistical and Accounting Services outlined in the March 1, 1996 Service Agreement, Employer agrees to pay Service Company the following annual fees: Year One: $16,100, billed quarterly in advance, for the first 50 claims, $322 per claim thereafter. Year Two: $16,800, billed quarterly in advance, for the first 50 claims, $336 per claim thereafter. Risk Control Services: For Risk Control Services as defined herein, as requested, Employer agrees to pay Service Company $100 per hour for on-site consulting. All legal and allocated claims service expenses, which are incurred in the litigation of any claim, will be paid by the Employer. All costs of printing necessary forms, archive claim storage and retrieval fees and all costs for First Aid/CPR training materials or materials used in developing audio-visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. A service charge of 1% per month (12% per annum), will be applied on all outstanding invoices 30 days after date of invoice. IN WITNESS WHEREOF, the parties have caused this Amendatory Endorsement to be executed by the persons authorized to act in their respective names. Signed this of ,2003. Johnston & Cuiberson, Inc., A Sedgwick CMS Company By: ~ Title: President Gerald A. Johnston City of Bremerton By: Title: SERVICE AGREEM~ENT TltlS AGREEMENT. made and entered into March 1, 1996. between Johnston & Culberson, Inc., a Delaware corporation, hereinafter called "Serdce Company" and City of Bremerton, hereinatSer called "Employer". WITNESS TItAT: WI~EREAS, Service Company is in the business of providing advice and administrative assistance as an independent contractor to Washington Self-Insured Employers subject to Workers' Compensation Law as defined, and WItEREAS, Employer desires to employ Service Company as the claims administrator for its seLf- insured workers' compensation claims. TI:W~REFORE, in consideration of the promises, covenants and obligations of the parties hereinafter set forth, it is agreed as follows: 1. DEFh-NYFIONS: For purposes of this Agreement, the terms herein are understood and agreed to be defined as follows: A. "Workers' Compensation Laws": With respect to the State of Washington shall include Title 51 of the Industrial Insurance Laws of the State of Washington. - B. "Premium" is the workers' compensation premium required by the Workers' Compensation Laws which Employer otherwise would be required to pay of it were not a SeLf-Insured employer; such premiums are based on the Washington payroll hours of Employer and are determined by the rules, rates and experience modification provisions of the Workers' Compensation Laws. Until sufficient information is available to compute an experience modification factor, manual rates will be utilized. C. "Paid Claims Losses" are defined as all payments by Employer to W_.,orkers for compensation, medical services, drugs, prosthetic devices, rehabilitation, transportation and any and all other benefits and payments required under said Workers' Compensation Laws. D. "Unallocated Claims Services" are defined as all normal administrative, investigative and adjustment services relating to a specific accident or occupational disease, including but not limited to: supervision of and timely issuance of checks for workers' compensation claims and mandatory vocational rehabilitation obligations to workers under the Workers' Compensation Laws as they become due and prior to delinquency; maintenance of all records required by the Workers' Compensation Laws or ~y agency charged with their enforcement, including records of all claims, statistical sermces, as defined in 1F below; documentation of all payment requests for workers and vendor; 1 periodic calculation of Employer's premium as defined in IB; preparation and filing on or before the applicable due date of all reports, statements or other documents required under the Workers' Compensation Laws; coordination with Washington Department of Labor & Industries as required; representation of Employer at ail Hearings before the Board of Industrial Insurance Appeals and the Department of Labor & Industries of the State of Washington, where, in the opinion of Serv/ce Company, an attorney is not required; consultation with and concurrence from Employer before appointing legal counsel, when required; supervision and management of mandatory vocational rehabilitation for qualified injured workers of Employer; assistance in the selection of and subsequent superv/sion of outside parties classified under Allocated Claims Services and costs thereof, as defined in 1E below. All such activities shall be carried out pursuant to the terms of this agreement by salaried employees of Service Company. "Allocated Claims Service" costs are defined as the costs relating to specific accidents or occupational disease which costs are not related to Unallocated Claims Serv/ces as defined in 1D of this Agreement. Allocated Claims Services costs include, but are not limited to: court costs, court depositions, transcripts, subpoena costs, costs and materials for expert witnesses involving medical, legal or chemical questions, outside attorney fees, private investigation fees, vocational rehabilitation fees for qualified injured employees of Employer and any similar costs or expenses properly chargeable to the defense ora particular claim or to the protection of the subrogation rights of Employer not otherwise provided for under 1D of this Agreement. Allocated Claims Service costs are paid out of Employer's workers' compensation checking account with prior approval of Employer. "Statistical Services" are defined as the five (5) following reports to be produced by Service Company and distributed on a regular and timely basis to Employer. (1) Monthly Loss Analysis (2) Monthly Loss Summary (3) Weekly Check List . (4) Monthly Check Register (5) Annual Financial Report -- Additional reports may be furnished by Service Company upon request of Employer, at fees agreed upon by both parties. SERVICE COMPAaNY OBLIGATIONS: Setw/ce Company agrees to provide the following services to or on behalf of Employer. A. Unailocated Claims Services as defined in 1D above, B. Statistical Services as defined in 1F above; Loss Control Serv/ces and Training Programs as provided and set forth in the written proposal which include but are not Limited to the following: (2) (3) (4) Adv/ce and consultation on a regular basis, including safety inspections, safety committee involvement, supervisory training, noise level surveys, industrial hy~ene testing, and recommendations on use of personal protective equipment. Providing information relating to specific safety topics as appropriate. Loss Control Audits Assistance in implementing Employer Loss Control Programs Neither the right to provide these services and recommendations, nor the providing thereof nor any report thereon, shall constitute a representation by Service Company that such work places, operations and machinery are safe. Service Company shall use due care and reasonable diligence in the exercise of its powers and the performance of its duties under this Agreement. Service Company agrees to inderrmify and hold harmless Employer and its directors, officers and ' employees againgt any and all losses, claims, lawsuits, settlements, jud~ent costs, penalties and expenses, including attorney's fees resulting or arising out of the negligent, dishonest, fraudulent or criminal acts of Service Company in carrying out its duties under this Agreement. [ . . Service Company shall pro'v/de the Employer with on-going proof that it maintains ~--~" current Professional Liability insurance coverage with minimum limits of $1,000,000. EMPLOYER OBLIGATIONS: EmPloyer agrees that it w~ll: Forward promptly to Service Company all reports of industrial or occupational diseases and workers' notices, complaints and correspondence relating to such Ct2.irllSl . Cooperate with Service Company in regard to the administration of Claims and Loss Control Programs. -- Provide Service Company with appropriate payroll, financial and organizational information necessary for the completion of required State repons. Provide Service Company with sufficient data input for coding of administration units, locations and departments, for monthly Loss Analysis and Loss Summaries. Establish a checking account for Workers' Compensation expenditures and fund as necessary to insure sufficient amounts are present to pay all checks. Pro'fide Serv/ce Company, on a timely basis, all pertinent Excess Insurance reporting requkements and,/or reporting modifications for all nnnual periods for which claims administration services are provided. Employer agrees during the term of this Agreement and for a period of one (1) year following its termination, it will not employ amy person employed by Service Company during the terms of this Agreement without the prior written consent of Service Company. Indemnify and hold harmless Service Company and its directors, officers and employees against any and all claims, losses, settlements, judgment costs, penalties and expenses, including attorney's fees, resulting from or arising out of any functions of Service Company under this Agreement, or a claim for benefits under the applicable workers' compensation law, unless it is determined that liability therefore was the consequence of negligent, dishonest, fraudulent or criminal acts of Service Company or any of its directors, officers or employees. SERVICE FEES: Takeover Fee: For the assumption and future management of all claims incurred prior to the March 1, 1996, takeover date, Employer agrees to pay Service company a one-time fee of $150 for each open inderrmity file. Ongoin~ Fees: For all Claims, Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company annual fees of $12,500, billed quarterly in advance, for the first 50 claims, $240 per claim thereat~er. C D Loss Control Services: For Loss Control Services as defined herein, as requested, ' Employer agrees to pay Service Company $80 per hour for on-site consulting. All Allocated Claims Services expenses which are incurred in the litigation of any claim will be paid by Employer. All costs of printing necessary forms and checks, archive claim storage and retrieval fees. and all costs for First Aid/CPK training materials or materials used in developing . audio/visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control-Services will be paid by Employer. A service charge of 1% per month (12% per annum) will be applied to all outstanding invoices thirty (30) days after date of invoice. 4 TERMENATION PROVISIONS: Either parry may terminate this Agreement for any reason upon sixty (60) days written notice to the other party. Upon termination of service by written notice, a final accounting will be made of the fees payable to Service Company and any funds belonging to Employer in possession of Service Company, and any balance due either party will be promptly paid by the debtor party. Upon termination by Employer and as soon as reasonably practical, Service Company witl mm over all claims files and ancillary work products on those claims to Employer or its designated representative. At a cost to be negotiated at the time of termination, Service Company may continue to administer existing claims at the request of Employer. CONFIDENTIALITY: It is understood and agreed that ail statistical, financial and personnel data relating to Employer or any of its employees provided to Service Company by Employer, or any employee thereof, pursuant to this Agreement is confidential, and Service Company and its employees shall keep such information in the strictest confidence except to the extent necessary to perform the services to be rendered hereunder. ASSIGNW[ENT: Neither this Agreement, nor any part thereof, shall be assignable by Service Company, whether by operation of law or otherwise, without the prior written consent of Employer. Any attempted assignment without such prior written consent shall be null and void. GOVERNING I_AW: This Agreement shall be construed under and governed by the laws of the Si~e of Washington. ENTIllE AGREEMIg~NT: This entire Agreement between the parties is set forth herein. This Agreement supersedes and invalidates all previous agreements, both written and oral. It may not be amended orally and neither party shall be bound by any modification unless made in writing and signed by an authorized representative of the parties. No term or condition of this Agreement shall be deemed to have been waived nor shall there be an estoppel to enforce any provisions of this Agreement, except by a statement in writing signed by the party against whom enforcement of the waiver or estoppel is sought. 5 IN V~I'I'N'ESS WWEREOF, the parties have caused this Agreement to be executed by the persons authorized to act in their respective names. Signed this ~ day of JOHNSTON & CULBERSON, INC. , 1996. Executive Vice President Cll'X' OF BRE1V[ERTON Title: 6 u' , [] CULBERSOI,,, AM~N'DATORY ENDORSEMENT City of Bremerton This Amendatory Endorsement, which shall become effective, October l, 1996, entered into by Johnston & Culbemon, Inc., hereinafter called "Serv/ce Company" and City of Bremerton, hereinafter called "Employer". IT IS AGREED THAT: Item 4 of the Service Agreement is changed to reflect the following new fee: 4. SERVICE FEE: Employer agrees to pay fees defined in A, B & C below as service charge to Service Company. Those expenses in D, E & F will be borne by the Employer as necessary. A. Takeover Fee: For the assumption and future management of ail claims incurred prior to the March 1, 1996, takeover date, Employer agrees to pay Service Company a one-time fee of $150 for each open indemnity file. Ongoing Fees: For all Claims, Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company annual fees of $12,500, billed quarterly in advance, for the first 50 claims, $240 per claim thereafter. .., B. Loss Control Services: For Loss Control Services as defined herein, as requested, . Employer agrees to pay Service Company $80 per hour for on-ske consulting. C. Employer agrees to pay Service Company fifteen percent (15%) of medical fee reduction savings and thirty percent (30%) of PPO-related savings billed to the respective claim files. D. Ali legal and allocated claims service expenses wh/ch are incurred in the litigation of any claim will be paid by the Employer. E. All~ costs of printing necessary forms and checks, archive claim storage and retrieval fees and all Costs for First Aid,/CPR training materials or materials used in developing audio-visual training programs, including associated shipping and handling and other incidental and spgcial costs incurred in the provision of Loss Control Services will be paid by Employer. F. A service charge of 1% per month (12% _p.er ar}n. um), will be applied on all outstanding invoices 30 days after date of~nvotce. IN WITNESS WFI-EREOF, the parties have caused this Amendatory Endorsement to be executed by the persons authorized to act kn their respective names. Signed this __ of ,1996. Johnston & Culberson, Inc. City of Bremerton I irJe: ~'~ Executive Vice President By: Title: OHNSTON CULBERSON A.'ffENDATO RY ENDORSEM~ENT City of Bremerton Tl~is Amendatorv Endorsement, which shall become effective, March l, 1997, and continue through August 3 l, 199'~, is entered into by Johnston & Culberson, Inc., hereinafter called "Service Company" and City of Breraerton, herelna~ter called *'Employer". IT IS AGREED THAT: Item 4 of the March l, 1996, Service Agreement is changed to reflect the folloWing new fee: 4. SERVICE FEE: Employer agrees to pay fees defined in A, B & C below as serv/ce charge to Service Company. Those expenses in D, E & F will be borne by the Employer as necessary. A. For all Claims, Stati~cal and Accounting Services outlined herein, Employer agrees to pay Service Company fees of $6,560, billed quarterly in advance, for the first 25 claims,, $250 per claim thereafter. B. Loss Contr_~ol Services: For Loss Control Services as defined herein, as requested, Employer agrees to pay Service Company $80 per hour for on-site consulting. C. Employer agrees to pay Service Company fifteen percent (15%) of medicaJ, fee reduction savings and thirty percent (30%) of PPO-related savings billed to the respective claim D. All legal and allocated claims service expenses which are incurred hi the litigation of any claim will be paid by the Employer. E. Ail costs of printing necessary forms a~d checks, archive claim storage and retrieval fees and all costs for First Aid/CPR training materials or materials used in developing audio- visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be lyaid by Employer. F. . A serv/ce charge of i% per momh (i2% per tatum-n), ~-'dl oe appiiea on al~ °utsmndmg invpices 30 days after date of invoice. -- IN WITNESS WHEREOF, the parties have caused this Amendat0ry Endorsement to be executed by the persons authorized to act in their respective names. Signed th/s "~ r&of~ 1997. Fred R. Culberson Executive Vice President City of Bremerton JOHNSTON [] CULBERSON AMENDATORY ENDORSEMENT City. of Bremerton This Amendatoo Endorsement. ~hich shall become effective. September l. 1997. and continue through January. 31. 1999. is entered into by Johnston & Culberson, Inc.. hereinafter called '-Service Company" and City of Bremerton. hereinafter called "Employer". IT IS AGREED TFUkT: Item 4 of the March 1. 1996. Setwice Agreement is changed to reflect the following new tee: SERVICE FEE: Employer agrees to pay fees defined in A. B & C below as service charge to Service Company. Those expenses in D. E & F will be borne by the Employer as necessa~.'. For all Claims. Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company fees of $13,650. billed quarterly in advance, for the first 50 claims, $260 per claim thereafter. Loss Control Services: For Loss Control Services as defined herein, as requested. Employer agrees to pay Service Company $85 per hour for on-site consulting. Emplover~rees to pa.~qe~.~:ice Compan,~t/~fteen percent5%)of~/c~ fee redu~n ,,vin~g~im' p~nt (00%)of P~-rel,ed ,avi~ billed to ~ respe,ive ,~m D. All legal and allocated claims service expenses which are incurred in the litigation of any claim will be paid by the Employer. E. All costs of printing necessary, forms, archive claim storage and retrieval fees and all costs for First Aid/CPR training materials or materials used in developing audio-visual training programs, including associated shipping and handling and other inc.idental and special costs incurred in the provision of Loss Control Services will be paid by Employer. F. A service charge of 1% per month ( 12% per annum), will be applied on all outstanding invoices 30 days after date of invoice. -- IN WITNESS WHEREOF, the parties have caused this Amendatoi)' Endorsement to be executed by the persons authorized to act in their respective names. Fred R. Culberson President City of Bremerton By: ~ Title: AMENDATORY ENDORSEMENT City of Bremerton This Amendatory Endorsement, which shall become effective, February 1, 1999, and continue through January 31, 2000, is entered into by Johnston & Culberson, Inc., hereinafter called "Service Company" and City of Bremerton, hereinafter called "Employer". IT IS AGREED THAT: Item 4 of the March 1, 1996, Service Agreement is changed to reflect the following new fee: o SERVICE FEE: Employer agrees to pay fees defined in A & B below as service charge to Service Company. Those expenses in C, D & E will be borne by the Empl,,~t~r,~ A. For all Claims, Statistical and Accounting Servic/e~ outlined herein, Empl3yer agrees to pay Service Company fees of $14,30~ billed quarterly in advance, for' the first 50 claims, $272 per claim thereafter. Loss Control Services: For Loss Control Services as defined herein, as requested, Employer agrees to pay Service Company $85 per hour for on-site consulting. C. All legal and allocated claims service expenses which are incurred in the litigation of any claim will be paid by the Employer. D. All costs of printing necessary forms, archive claim storage and retrieval fees and all costs for First Aid/CPR training materials or materials used in developing audio-visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. E. A service charge of 1% per month (12% per annum), will be applied on all outstanding invoices 30 days after date of invoice. IN WITNESS WHEREOF, the parties have caused this Amendatory Endorsement_to be executed by the persons authorized.to act in their respective names. Signed this ~/,: of~ 1999. Johnston & Culberson, Inc. ~-?'red Ri Cu erson City of Bremerton JOHNSTON [] CULBERSON AMENDATORY ENDORSEMENT City of Bremerton This Amendatory Endorsement, which shall become effective, February 1, 2000, and continue through January 31, 2001, is entered into by Johnston & Culberson, Inc., hereinafter called "Service Company" and City of Bremerton, hereinafter called "Employer". IT IS AGREED TItAT: Item 4 of the March 1, 1996, Service Agreement is changed tO reflect the following new fee: 4. SERVICE FEE: Employer agrees to pay fees defined in A & B below as service charge to Service Company. Those expenses in C, D & E will be borne by the Employer as necessary. For all Claims, Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company annual fees of $14,900, billed quarterly in advance, for the first 50 claims, $286 per claim thereafter. B. Loss Control Services: For Loss Control Services as defined herein, as requested, Employer agrees to pay Service Company $85 per hour for on-site consulting. C. All legal and allocated claims service expenses, which are incurred in the litigation of any claim, will be paid by the Employer. D. All costs of printing necessary forms, arc.hi,ye claim st.or?ge a~d. re,triev, al fees and all costs for First Aid/CPR training matenms or matenats usea ~n aevetop~ng audio-visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. E. A service charge of 1% per month (12% per annum), will be applied on all outstanding invoices 30 days after date of invoice. IN WITNESS Wltlr. REOF, the parties have caused this Amendatory Endorsemeut to be executed by the persons authorized to act in their respective names. Signed this/_~L~ of~ 1999. Johnston & Culberson, Inc. By; ~~-. ~~xecutive Vice President Fred R. Culberson City of Bremerton Title: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA: February 12, 2003 PROFESSIONAL SERVICES AGREEMENT FOR ORIGINATIN~ DEPT: City At~rg. gy's Office INSURANCE BROKER SERVICES WITH WILLIS ORIGINATOR. Peggy Lesser/~ OF SEATTLE, INC. DATE SUBMITTED: January 30, 2003 2. CLEARANCES: (Comment on back if necessary) ~.(~l~[xl~ A. LU~r~ICH, City Attorney ........... FINAL & ~DGET CHA~ OPERATIONS CHAPMAN ENDORSEMENT [] INFORMATION [] 3. EXHIBITS: PROPOSED CONTRACT APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Bremerton requested proposals for providing insurance broker services to the City for three years. We received responsive bids from Willis of Seattle, Inc. for $25,000 per year and from Brown & Brown for $30,000 for the first year and $27,000 per year for the second and third years. Both firms were interviewed and found to be well-qualified. Staff recommends that Bremerton enter into a three year contract with the lowest cost provider, Willis of Seattle, Inc. at a cost of $25,000 per year 5. RECOMMENDATION: Move to approve the proposed three year contract with Willis of Seattle, Inc., for the provision of insurance broker services and to authorize the Mayor to execute the contract in substantially the same form as the proposed contract. 7. NOTICE OF ACTION: PULLED[] TABLED[--] COUNCIL DIRECTIVE: 6. RESPONSIBLE OFFICIAL: Risk Manager ENFORCEMENT OFFICIAL: Risk Manager EXPIRATION DATE: 3/1/06 REVIEW DATE: 9/1/05 APPROVED [] DISAPPROVED [] AMENDED~~: 8. AGENDA BILL NO.:. 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCF~,~: Sufficient funds are budgeted in the Risk Management fund. 11. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT The City of Bmmerton ("City") and Willis of Seattle, Inc. ("Broker"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: Broker agrees to perform the services more specifically described in the Scope of Work, including any addenda thereto as of the effective date of this Agreement, attached hereto as Exhibit A, which is incorporated herein by this reference as if fully set forth. Broker further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and Broker agree that work will begin on March 1, 2003, and continue for a three year period unless terminated earlier as provided in Section IX. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Broker $25,000 for each year that services are provided. Any and all commissions received by Broker from insurance companies for business placed on behalf of the City will be accounted for, disclosed to the City, and credited to City's account within thirty (30) days of their receipt by Broker. Broker further agrees to credit any excess commissions to City within thirty (30) days of their receipt by Broker. The term "commission" shall not mean contingent or volume bonuses shared by the insurance carriers or wholesalers on Broker's overall book of business. IV. Relationship of Parties: Broker is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Broker and its personnel are independent Brokers and not employees of the City. Broker and its personnel have no authority to bind the City or to control the City's employees. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractors of the Broker. Broker will be solely and entirely responsible for its acts and for the acts of Broker's agents, employees, and representatives during the performance of this Agreement. As an independent Broker, Broker is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Broker or its personnel. As an independent contractor, Broker is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City Bremerton/Willis of Seattle, Inc. Page 1 of 6 may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Broker. V. Indemnification: Broker shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Broker's performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Broker's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Prior to and during the performance of the work covered by this Agreement, Broker shall provide the Risk Manager for the City of Bmmerton with evidence that it has obtained and maintains in full fome and effect during the term of this Agreement, a policy of professional liability insurance, and/or errors and omissions insurance, providing coverage of at least $1,000,000 against professional liability or errors and omissions in connection with the work to be performed by Broker under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. The City reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: Broker will maintain the usual written records customary in the business of an insurance broker to include, but not be limited to, records of policies, premium audits, loss data and other pertinent correspondence which affects the coverage hereunder. These records will be maintained for a minimum of seven (7) years subsequent to February 1, 2006. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that them are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severabilit¥: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full fome and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. Bremerton/Willis of Seattle, Inc. Page 2 of 6 E. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Risk Manager City of Bremerton 239 Fourth Street Bremerton, WA 98337 Broker Address Willis of Seattle, Inc. PO Box 34201 Seattle, WA 98124 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exemise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. H. Compliance with Laws: Broker shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. I. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. J. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. VIII. Nondiscrimination: Broker shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement may be terminated, at will, by either Party upon 30 days' notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within five days of the terminating Party's sending notice to the non-performing Party. A. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Broker to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Broker's possession pertaining to this Agreement which may be used by the City Bremerton/Willis of Seattle, Inc. Page 3 of 6 without restriction. Upon termination the City will be entitled to reports showing the status of all items listed in the Scope of Work through the termination date. CITY OF BREMERTON WILLIS OF SEATTLE, INC. By: Cary Bozeman By: its: Mayor its: APPROVED AS TO FORM: Roger A. Lubovich, City Attorney R:kLEGAL\Contracts\Willis of Seattle.doc Bremerton/Willis of Seattle, Inc. Page 4 of 6 EXHIBIT A Scope of Work Broker agrees to provide the City with the following services: 1. Develop and recommend to the City, insurance and other risk financing or loss funding programs, contracts, techniques and methods whenever they will benefit the City. 2. Develop underwriting information, prepare specifications for marketing insurance coverage, structure offerings to insurers and secure insurance desired, providing an analysis of coverage scope, cost and services. Developing underwriting information is to include an analysis of City's possible exposure to risks of loss. A copy of the specifications shall be presented to the City. 3. When possible, design insurance policy wording to meet the specific needs and requirements of the City. 4. Review each insurance policy, binder, certificate or other insuring document to see that wording is complete and accurate and that coverage is in compliance with specifications. Deliver binders and insurance policies to the City as soon as possible. 5. Monitor all insurance and other risk financing or loss funding arrangements to assure their continuing adequacy in terms of cost and protection. 6. Structure insurance programs to eliminate gaps and overlaps in coverage and to provide the limits or amounts of coverage requested by the City. 7. Service each policy issued to the City (i.e., process changes and endorsement). 8. Issue Certificates of Insurance as requested by City. 9. Maintain the usual written records customary in the business of an insurance brokerage operation, as well as any other records which the City may deem necessary to the proper handling of and accounting for the insurance placed by the Broker. 10. Be available for consultation on a daily basis in carrying out the obligations set forth in this Agreement. 11. Verify the accuracy of each invoice. Broker shall make every reasonable effort to assure that all billings sent to the City are correct. Each invoice shall show: a. Insurer b. Policy Number c. Policy Period d. Coverage Provided 12. As requested by the City, assist in the development of insurance and hold harmless clauses for City contracts. 13. Assist the City as needed in compiling loss costs; in preparing claims to adjusters; in negotiating settlements; and in pursuing payment. 14. Provide answers to City on insurance coverage and risk management questions. 15. Obtain competitive insurance quotations from various insurers when feasible. 16. As requested, provide studies of alternative loss funding plans including, but not limited to, captive feasibility, bonding feasibility, SIR/limits determination and retention level studies, and loss frequency and severity projections. 17. Attend meetings with City as required. 18. Assist with and make recommendations on various risk management functions of City, as requested. Bremerton/Willis of Seattle, Inc. Page 5 of 6 19. Provide City with semi-annual activity reports on the performance of the Broker function. These reports shall detail the progress and status of all work required under this Agreement. 20. Provide early warning of pending rate, coverage or renewal problems, including significant changes in the financial status of major insurers. Without limiting the generality of the above-responsibility, Broker shall issue, at least ninety (90) days prior to each insurance policy expiration or anniversary, a written report stating anticipated renewal terms and conditions, and stating any intentions or requirements to change insurance coverage in any way. Broker shall further keep City informed on new or changing markets, forms, products, laws, government regulations and any other information that may affect the risk management function, as known or should be known according to industry standards by Broker. Periodic reports will be given thereafter by the Broker to keep the City's risk management office fully informed on status of such renewals or anniversary changes. 21. Act as liaison with insurance companies. 22. Provide annual updating of the City's insurable value. 23. Assist City in the settlement of self-administered claims. This service may include the monitoring of particularly severe claims by the Broker or its claims' service affiliates so as to provide assistance to City's Risk Manager in negotiating settlements or establishing a defense strategy. 24. Assist City in obtaining settlement from the insurance carrier for those losses which are not self-administered. 25. In consultation with the Risk Manager, Broker will develop specific loss prevention recommendations for City government and provide assistance to Risk Manager in development of loss prevention seminars in selected areas. Broker shall monitor the loss control services provided by the insurance carrier or service company. Broker further will monitor all inspection reports. Assist the City with environmental loss control services by reviewing projects and programs and making recommendations for proper respiratory, medical, air monitoring, substance removal, recordkeeping, and training requirements. Provide project site audits as necessary. 26. 27. Bremerton/Willis of Seattle, Inc. Page 6 of 6 32l AGENDA BILL BREMERTON CITY COUNCIL Proposal to purchase four 12 bad EKG machines and three automated defb.(AED) Units with bond levy funds FOR AGENDA OF: 2/12/2003 ORIGINATING DEPT: Fire ORIGINATOR: Al Duke, Fire Chief DATE SUBMITTED: 1/23/2003 ~ Com~nt of back ~ necessary) Budget&Fiscal City Attorney 3. EXHIBITS: Contract Proposal ENDORSEMENTS MAYOR ~_., APPROVED BY COUNCIL PRESIDENT FOR SUBMI~FAL: COUNCIL RESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Attached is a contract proposal to purchase four 12 lead EKG machines and three AED units from Medtronics/Physio Control in Redmond, WA. These units will replace the Fire Department's EKG machines on the medic units and AED units on the Engines that need replacement due to age, county protocolchanges and new technobgy. The funds wil come from the bond bvy monies. It is the position of the Kitsap County Medical Program Director Doctor Steven Hillman that all ALS (Paramedic Units) in Kitsap County purchase from Medtronb/Physio Control for uniformity and training needs. With the requirement of the Medical Program Director, we recommend a sob source purchase. That the Bremerton City Council authorize the Mayor to sign and enter into the contract proposalwith Medtronics/Physio Control to purchase the 12 bad EKG and AED units. 9. RESPONSIBLE OFFICIAL: Al Duke, Fire Chief ENFORCEMENT OFFICIAL: Al Duke, Fire Chief EXPIRATION DATE: REVIEW DATE: PULLED CO N IL DIREC IVE: TABLED APPROVED 10. NOTICE OF A(;TI~)N DISAPPROVED AMENDED 11. AGENDABILLNO: ~--~'~ ~'~ ~"~ :~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Bremerton Fire/EMS personnel would not be able to provide the level of care to our cardiac patients that is required by the ,~nerican Heart Association and our ~ocal patient care protocols. Bremerton F~'e would also be the only ALS agency not utlizing 12 lead capability in the county. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: The revenue for the purchase of these unts will come from the bond levy that was passed h 2002. These un,ts will replace our current machhes that are not made anymore and are seehg increased repay needs. 7. RESEARCH SOURCES: KITSAP COUN~[ ~.M~.RGENCY MEDICAL SERVICES COUNCIL October 3, 2001 Position Statement on 12-Lead Pre-Hospital Electrocardiography Several pre-hospital EMS agencies are currently negotiating for purchases of 12- Lead-capable monitor/defibrillators, and have contacted several manufacturers to demonstrate their product. For this reason, I feel that it is important to express my position as the Medical Program Director on what hardware that I feel is most appropriate for Kitsap County prior to any purchase that may be in progress. Our County currently has 12-Lead PhysioControl Lifepak 12 products being used today by Fire District 7 and by Poulsbo Fire Department in the field. I am convinced that this machine best fits the needs of our patient population and our ability to maintain a consistent level of patient care and training of our paramedics. It has become this county's enhanced standard of care. Therefore, I am requesting that, as agencies upgrade to 12-Lead capability, they purchase Lifepak 12's. I understand that bid laws exist for capital purchases in the public sector, however, I also understand that some items may be declared as "sole source," with appropriate justification. The Lifepak 12 is approved as Kitsap County's expected component for pre-hospital electrocardiography. Should questions arise, please contact me by pager at (360) 337-3410. Sincerely, , Medical Program Director (360'~ A78-.qQQ7 · l~cnr (2,6N~ aTQ-F, 77'2 · 2~2N Chatty Av~nua · Bromer~OT} Wcr.qhincrton 983]O-4270 To: Captain s~an Plyler eremerten Fire Department 817 Pacific Ave Bremerton, WA g8337 Phone: (380) 478-5394 Fax: (360) 478-.5397 Contract: None QuoteW:: Rev~ Quote Data: Sales Consultant: Oppty~. FOB; Shipping: Terms; Exp Date: Medtronic Physio-Control Corp, 11811 Willows Road NE P.O. Box 97023 Redmond, WA 98073-9723 U.S.A www.physiocontrol.com www.medttonlc, com tel 800,442_1142 fax 425.$67.4146 1-27108 1 t0f08/2002 Krista Pape 800-442-1142 x 2232 15-RT Redmond, WA 30-.45 Days Net 30 12107/2002 2 3 4 5 6 7 9 g 10 11 99400-000821 LIFFPAK12 BiphaS|c 4 defibrillator/monitor - Config 49 The biphasic LIFEPAK 12 is the only manual bipheslc de#bn'ilator offering more than 200 joules (2-360j). Ship kit Included. Hard paddles, ba~teriee and ~aiTyklg case not included. Biphesic wave~orm, AED, EL Screen, Pacing, Sp02, NIBP, EtC02, Trending, 12-Leed, Fax, 100mm pdnter Write-in Product ship kit ~41310-000621 included 4 11996-000019 DSI00A Dura~eneorAdult Finger 4 Sensor (museable) Includes 1 reuseable cJip, 1 yee¢ wan'anly 11150-000006 Internal Modem-for callular and land 4 transmission Requires Modem Door Assy 11150-000009 Modem Door ~ssembly 4- eSS2 LP12.AC 1111O-000051 Battery Support System 2 (B$S2) 2 tncluoes power cord and operating instructions (batteries not included) AC Power Adapter 4 Power ~dapter extension cable 4 Q*~'11996- 000036 000034 11995-000025 The Edge QUIK-COMBO eleCa'odes 40 (10-49 pair) The Edge QUIK-COMBO pacing/defibrillation/ECG elec, b'ndes (price p~ pair). The Edge pediatric QUIK-COMBO RTe 8 ele,:trode (1-9 pair) The Edge pedia~c QUIK-COMSO RTS pacing/defibrillation/ECG electrodes with Radio Transparent System (price per pair), NIBP CUFF - reusable, Large Adult 16 x 4 42 cm $28,270.00 $221.00 $28,049.00 $112,196.00 $0.00 $00.00 $0.00 $o0.00 $205.00 $205.00 $0.00 $00_00 $281.00 $Z61.00 S0.00 $00.00 $46.00 $46.00 $0.00 $00.00 $1,705.00 $(~0.00 $1,785.00 $3,570,00 $840.00 $840,00 $0.00 $00,00 $63.{30 $63,00 $0.00 ~d30.00 $31,00 $31_00 $0.00 $00,00 $37.00 $37.00 $0.00 SOO.00 $29.00 $29.00 $0.00 $00.00 Quotefh 1-Z71O5 Rev~. 1 : Quote Date: 10/08/2002 12 11998~00022 13 11996000081 14 1199ti-000084 15 11200-000001 16 11260-000012 17 11220-000028 18 11220-000072 19 11998-000063 20 11240-000016 21 11141-000026 22 99401-000020 23 11141-000013 24 11998-000014 25 OTPLU$/AED 26 11230-000001 27 11250-000o07 NIBP CUFF - reusable, Child (Podiatric) . 4 9x2?cm FitterlJr~ Set AdulUPediatda- Includes 4 airway adapter Box of 25, for short term intubated patients Nasal Filterllne Adult 4 Box of 25, for non-inCubated patients QUIK-COMBO 12-lead patient simulator ,. I Inrdudas ECG, defibrillation, pacing and acute simulation Basic Carrying Case .14 2140.00 For the LP12. Inclucles shoulder strap, dght: pouch and front cover. ,, Top Pouch ,14 $43.00 Back Pouch - Large i *;4 $43.00 '4 $38.00 Removable Acrylia Screen 5 hleld , : Strip Chaff Recorder Paper lOOmm x ; 40 $I 5.00 22m (O~ 1 box) ,. 2 mils per box *LIFEPAK NICad battery with fuel 116 gauge 2.4amp Rachargaable nickel-cadlum ' ~ 3B-.UFEPAK S00 automated external 1,3 defibrillator with Adaptiva/Biphasio waveform L S-SUTTON NO AUDIO RECORDING. InclUdes one pail QUIK-COMBO pacing/detibrillatJon~ ECG e actrodes with REDI-PAK preconnect system operating ms~ructJoes and inserwce video. Lithium battery pek 3 nonreahargesble lithium battery. ,[ 3 Complete calTylng casa CODE-STATSUITE: DATATRANSFER; 1 Plus - AED I Supports LIFEPAK 500 AED, FM 510/610'i ' devices and LP12 continuous ECG only.', i LIFEPAK 500 AED-to-PC cable [: 'i 1 LIFEPAK 5007 AED Training System [ ' 'i Includes one (1) AED Trainer, remote ~nl~[01 and cable, simulated hstte~ pak, training eteL-fr,.odes. canylng case (so/t case), AED Instru~fioh ~a~d. opera§ag itlStrL~ctions and batteries for AED Tralrler and remote control. "1 ' GR~ND TOTAL , Pri~ing Summary Totals .List Price Cash Discounts; $21,00 $21.00 $0.00 500.00 $Z15.00 $215.00 $0,00 $00.00 $205.00 S205.00 $0.00 500,00 5735.00 $10_00 $725.00 5725.00 $140.00 $0.00 $00.00 $43.00 $0.00 $00.00 $43-00 $0.00 $00.00 538,00 $0.00 $00.00 $15.00 $0.00 $00,00 $2~5,00 $255.00 $0.00 $00,00 $3,285.00 $390.00 $2,895,00 $8,685.00 $220.00 2220.00 SO_00 200.00 $119,00 $119.00 $0.00 $00.00 $355,00 $00,00 $355,00 5355.00 250,00 200.00 $398.00 $00.00 $50.00 $80_00 $398.00 $398.00 $125,g79,00 $143,872,0C - 17,893.oc , TAXES, FREIGHT AND HANDENG FEES WILL BE ADDE,D!AT TIME OF SHIPMENT, IF APPLICABLE. ABOVE PRICING VALID ONLY IF QUOTE S PURCHASED IN iTS ENTIRETY. (OPTIONAL ITEMS NOT REQUIRED). IF QUOTE REFLECTS TRADE-iN VALUES,CUSTOMER ~gSUME$ RESPONSIBILITY FOR SHIPMENT OF TRADE-IN UNITS TO MEDTRONIC PHYSlO~ONTROL. Quote SpeciaJist Heather Waters 10/08/2002 08:31 FAX 900 732 0956 MEDTRONIC_PHYSI0-CONTROL ~007/007 TERMS OF SALE , ;! Ganeral Terms , Medtronic Physio-Control accepzance of the Buyer's order Is exp~ ssly conditioned on the Buyer's assent to the termS set forlh in this document and ts attachments, Medtronic Physio-Con re agrees ~ ~mish the goods and services ordered by the Buyer only on these ten'ns, and the Buyer's acceptance of any port on of the goods aq,~ ,aery c~ covered by this document shall confirre their acceptance by the Buyer These terms constitute the complete agreereent b~.'.psn the i~ertJss and they shall govern any c~nflicling o~ ambiguous terms on Ida Buyer's purchase order or on other documents submitted to Medfronic Physio-Control by the Buyer. These terms may not be revlssd in any manner withou( the prior wrr~an consent of Prizing Unless otherwise indicated in [his document Con~rol standard prices in effect at the time of dallver~ import or export permit fees, ar any Sales or use taxes on domestic (USA) document unless Medfronic Phys :ax exemption ceritficete to the Medtronlc Physio-Control Corp7' Peymenl Unless otherwise indicated in services supplied by bledb'onic Physio-Conl~ol shall be su~ ~y this doCument shall be Medtronic Physlo- include freight, insurance, freight forwarding fees, taxes, duties, goods and services covered by this document, price of the goods and services covered by this prior to delivery. Please forward your Depart~ 'ant. P_O. Box 97006, Redmond. Washi~ron 98073- by Medtr°nio Physio-Control in writing, payment for goods and g t~rms: Doreestic (USA) Sales - Upon approval of c~edlt by M 100% of invoice due thiAy (30) dayS after invoice date. Interllational soles - Sight draft or acceptable (confirmed) irre,~ocebte letter of cred~L Medtronlc Physio-Control may change the terms of payment at ~ time prio[' to dofivery by providing wr~Ren notice to the Buyer. Medtronic Physio-Control reserves the right to d/~srge a 15% restocking feeffor returns. De very ,. f Il Unless stherwiss indicated in this document, delivan~ she I be F(~ Medt~nl~ Phys~o..Con~'o point of shipment and t~Je and risk of loss shall pass to the Buyer at that point. Partial deliveries rea~ I ~ ~ede al~~ partial invoices shall be permitted and shall become due Jnsfructio~s from the Buyer, Medtrenie Physio-Control wirl obtain In accordance with the payment terms, in the absence of shippi! Iranspertatisn on the Buyer's behalf and for the Buyer's eccounl Belays Delivery dates are approximate. Medtrcnlc phyeio-Conb-ol will'n delivery or non-delivery resutllng from any cause beyond Its rea: disputes, the requirereents of any governmental authority, war, ~ permit, and Medtron[c Physio-Control inability to sbtain gooda~ of Medtronio Physio-Control and the Buyer's agreement and 'd Claims by the Buyer for damage to or shodages of goods deli~ Medtronic Physio-Control with wriRen notice of any deficiency' deficiencies and Medtronic Physio-Conlml prior approval is req~ Warranty [ Medtronic Physio-Control warrants its products in accordance I! be liable for any loss or damage cf any kind due to delays ~n ~able control. Including but not limited to, acts of God, labor ivil unrest delays in reanufactUre, obtaining any required license or ~ its usuali~ources. Any such delay shall not be considered a breech d~al very daiwa she I be extended for the length of such de~ey. ~ shall be;mede withi~ thirty (30) days after shipment by providing red before the return of any goods to Med~mnJc Phyeio-Conirol. the t~r~n~ of the standard Medtmnlc Physio-Conlrol product warranty applicable te the product to be supplied, and the rems s provide~l under sucll warranty shall be the Buyer's sola and exclusive remedies. Medtronic Physio-Control makes no ethe!' ~ ,ai'ran~ies; .e~prsss or implied, including, without Umitation, NO WARRANTY OF MERCHANTABILITY OR FITNESS FQI~ ~ PAR'I~c~I LAR PURPOSE, AND IN NO EVENT SHALL MEDTRONIC PHYSIO-CONTROL BE LIABLE FOR INCIDEN CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES. Patent Indemnity I Upon receipt of prompt nolice from the Buyer and with defend, indemni~/and hold the Buyer harmless against any c documen~ directly infringe any United States of America Miscellaneous a) The Buyer agreesthat I laws of the United States of Areerice. b) T~rough its purchase of Medlronlo Physio-Control design infomqatlon, computer programming, patents er Buyer e~pres~ly ag c) The rights and obligations ~ described In this document shall be expenses incurred by Medtronic Physic-Control related to attorney's fees, shall be reimbursed by the Buyer. eutho[i~l and assistanoe, Medtronic Physio-Con~oi agrees to that Ihs Medfronlc Physle-Oontro[ ~roductS covered by this t be re~i'ii~ped or resold to any persons or places prohibited by the ~ interest in any tooling, drawings, 1formation related to said products, and the ~ or related software and information. purchase and sale of prodDers and services ton, United States of America. All costs and ights under this document, including reasonable AGENDA BILL BREMERTON CITY COUNCIL SOBJ CT: ORDINANCE # qgqT, VACATING A PORTION OF SECOND STREET, EAST OF WASHINGTON AVENUE. FOR AGENDA OF: . J~ ORIGINATING DEPT: PW&U Engineering Division ORIGINATOR Michael C Mecham, City Enginee~.;.~l DATE SUBMITTED: January 16, 2003 2. CLEARANCES: (comment on back Director, Public Works/Utilities ~' City Attomey Director, Community Development /:~ ;" Council Budget & Finance Committee' Operations Committee~4~ Esm s r O ^T ON MAYOI~.~.~, ~ ~ COUNCIL PRESIDENT 3. EXHIBITS A. Ordinance# qSq'7 B. Site Map. APPROVED BY COUNCIL PRESIDENT FOR SUBMITTP 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has initiated the vacation of a portion of Second Street east of Washington Avenue. The City Council conducted a public hearing on December 11, 2002, in accordance with state law and the Bremerton Municipal Code. The vacated area will be incorporated into the abutting City owned property to provide a site compatible with usage for downtown redevelopment. This vacation is sought to enable the City to implement a plan, adopted by Ordinance 4828, 4829 and 4830, that provide comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated. Functionality of Second Street as a transportation facility will not be significantly affected. Access to the waterfront will not be impeded with this vacation. This is a Class II right-of-way and compensation is not required in accordance with BMC 11.20.080. The City Council is being requested to approve, disapprove, or modify this vacation of a portion of Second Street, east of Washington Avenue. 8. RECOMMENDATION: B. Move to pass Ordinance # ~ $ ~ '~, on second reading, vacating a portion of Second Street and Washington Avenue. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: PULLED COUNCIL DIRECTIVE TABLED 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: (~3 - O J ¢ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The fight-of-way will not be vacated. This will result in the inab'dity to construct the hotel and conference center as presemly planned requiring a modification of the plans for the hotel and conference center. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: Stafl~: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of- Way RCW 35. 79 Streets ab\Vacations\City 2nd Street\Agenda Bill - Ordinance ql ORDINANCE NO. ~ q'7 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a portion of 2nd Street East of Washington Avenue in the City of Bremerton. WHEREAS, the City has initiated the vacation of a portion of 2nd Street East of Washington Avenue; and WHEREAS, the City passed resolution number 2879 declaring its intention to vacate a portion of 2na Street, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was hell with proper notice on December 11, 2002, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, the City Council fmds that this vacation is sought to enable the City to implement a plan, adopted by Ordinance Nos. 4828, 4829 and 4830, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated; and WHEREAS, the portion of the street being vacated is abutted on each side by City owned property or by City Right-of-Way, which will result in the City retaining ownership of the vacated property; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; and WHEREAS, the City Council has directed the preparation of an ordinance vacating the portion of said streets; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitals are incorporated as if fully set forth herein. 1 Street Vacation - 2nd Street SECTION2. That portion of 2na Street, lying east of Washington Avenue in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owners. SECTION 3. Reservation of Easements. a. An easement is reserved for the City of Bremerton, Public Works and Utilities Department for operation, maintenance and repair of water lines and streets over, under and upon the entire area vacated pursuant to this ordinance. b. An easement is reserved for Cascade Natural Gas, Quest Communications and Puget Sound Energy for operation, maintenance and repair of gas, telecommunication and power lines over, under and upon the entire area vacated pursuant to this ordinance. ordinance. SECTION 4. No vested rights shall be affected by the provisions of this SECTIONS. Severabili_ty. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (1 O) days ~om and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2003. PASSED by the City Council the day of ,2003. CAROL ARENDS, Council President Approved this day of ,2003. CARY BOZEMAN, Mayor 2 Street Vacation - 2nd Street ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk PUBLISHED the _ day of EFFECTIVE the day of ORDINANCE NO. R:\LEGAL\Ordinancesk2nd Street vacation, doc ROGER A. LUBOVICH, C~yAttomey ~ 2003. ,2003. 3 Street Vacation - 2~a Street ? ? AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON FOR AGENDA: Feb. 12, 2002 and Feb. 19, 2003 ORDINANCE RECODIFYING AND AMENDING ORIGINATING DEPT: Fire Department CH. 5.50 BMC AS CH. 18.06 BMC ENTITLED ORIGINATOR: A1 Duke AMBULANCE SERVICES DATE SUBMITTED: January 30, 2003 2. (Tg. EAR.a~CE~omment on back if necessary) AL DUKE, Fire Ct~ie~ ROG~/A. LUBOVlCH, City Attome~ OPE~TIONS CHA~ 3. EXHIBITS: PROPOSED ORDINANCE APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT MAYOR 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The proposed ordinance would recodify Chapter 5.50 BMC as Chapter 18.06 and update the provisions relating to licensing of ambulance services, filing and approval of ambulance rates, and enforcement of violations of the chapter. 5. RECOMMENDATION: Move to approve the proposed ordinance on first reading. Move to pass Ordinance No. __ on second reading. 7. NOTICE OF ACTION: PULLED [] TABLED [] APPROVED [] COUNCIL DIRECTIVE: 6. RESPONSIBLE OFFICIAL: Fire Chief ENFORCEMENT OFFICIAL: Fire Chief EXPIRATION DATE: n/a REVIEW DATE: n/a DISAPPROVED [] 8. AGENDA BILL NO.: AMENDED~ D~ 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: ORDINANCENO. AN ORDINANCE of the City Council of the City of Bmmerton, Washington, mcodifying Chapter 5.50 of the Bremerton Municipal Code entitled "Ambulances" as Chapter 18.06 entitled "Ambulance Services" and further amending said chapter by updating its provisions relating to licensing, inspections, and filing of rates with the City and by making other amendments. WHEREAS, the Chapter 5.50 of the Bremerton Municipal Code entitled "Ambulances" would be more appropriately codified as a chapter within the Fire Code, Title 18; and WHEREAS, the current provisions of Chapter 5.50 of the Bremerton Municipal Code relating to licensing of ambulance services and filing and approval of ambulance rates are overly burdensome and result in an unnecessary process for licensing by the City and approval of the rates by the City Council; and WHEREAS, the City Council desires to update the provisions of Chapter 5.50 to remove the provisions relating to approval by the City Council of rates charged by ambulance services within the City, to modify the licensing requirements, and to provide for more effective enforcement of violations of the chapter, including enforcement pursuant to Chapter 1.04 BMC; and WHEREAS, the City Council also desires to make other amendments to Chapter 5.50 of the Bremerton Municipal Code to update its provisions; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.50 of the Bremerton Municipal Code entitled "Ambulances" is hereby recodified as Chapter 18.06 and further amended to read as follows: Chapter 5.5~18.06. ~AMBULANCE SERVICES 5.5~.~!018.06.010 DEFINITIONS. For the purposes of this chapter, the following definitions shall apply: (1) "Advanced life support" (ALS) means those services requiring medical treatment by a certified paramedic. 1 Ambulances (2) "Aid call" means any 911 initiated call, request or dispatch for emergency medical treatment. (3) "Ambulance" means any privately or publicly owned ground transportation vehicle that is especially designed, constructed, equipped, maintained or used for the transportation of patients who are sick, injured or otherwise incapacitated, which is operated as part of an ambulance service. (4) "Ambulance service" means any person, as defined in this section, who operates an ambulance for hire which is either stationed within or without the City or dispatched from within or without the City to pick up injured or sick fares within the City or which makes trips to the City, from points outside its City limits, for the purpose of transporting sick or injured fares from points within the City; Provided, however, That the provision of this chapter shall not apply to any ambulance which shall pass through the City in the delivery of fares picked up at points beyond the limits of the City. (5) "Basic life support" (BLS) means those medical services which can be performed by one who is a certified emergency medical technician. (6) "Cencom (911)" means the Central Communication Emergency Dispatch Center. (7) "Communication system" means two-way radio communications equipment necessary for communication between ambulances, dispatchers, hospitals and other agencies as needed, including those with a four-band multifrequency capability. (8) "Department" means City of Bremerton Fire Department. (g_9) "Emergency" means a situation or patient condition (i) in which either of the administration of a drug (except oxygen) or initiation of an intravenous line is performed; or (ii) in which a person requesting ambulance assistance requires immediate response by medically trained personnel; or (iii) which an EMT would assess, in the interest of good patient care, to require the assistance of at least a paramedic certified pursuant to RCW 18.71 and regulations promulgated thereunder. (910) "Emergency medical technician" (EMT) means a person who is certified as such by the Secretary, pursuant to RCW 18.73 and regulations promulgated thereunder. (4-011) "Mutual aid" refers to situations in which a licensed non-emergency BLS ambulance service is required, as determined by the F4r-e Department, to make ambulances and personnel available for emergency response under the City's direction. (4412) "Patient" means an individual who is sick, injured, wounded or otherwise incapacitated or helpless. 2 Ambulances (4-31_.~3) "Person" means any individual, firm, partnership, association, corporation, company, or group of individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States. (-1-314) "Secretary" means the Secretary of the Department of Health of the State of Washington. 5.5~.02018.06.020 APPLICABILITY. (a) The provisions of this chapter shall apply to nonemergency BLS ambulance services operating within the City of Bremerton limits. (b) Ambulance services providing ALS and BLS interfacility transports shall follow the guidelines established under RCW 18.71, Kitsap County EMS Council and Kitsap County Medical Program Director. 5.50.0oa~18.06.030 LICENSE REQUIRED - APPLICATION. (a) No person, firm, or corporation shall operate or cause to be operated an ambulance or ambulance service within the City without first obtaining a r~adatovy l:~cengcWashington State verification and license in addition to a City business license. No person, firm, or corporation~ (other than the C4D4q~ Department~-..~shall operate or cause to be operated emergency ALS ambulance service within the City limits, except as provided in Section 5.50.12018.06.090. (b) An application for a business license to operate an ambulance or ambulance service shall contain the following information: (1) A description of each ambulance, including the make, model, year of manufacture, motor chassis and VIN number, together with current state license number; the length of time the ambulance has been in use and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate applicant's ambulance. (2) The location and description of the place or places from which the ambulance service is intended to operate and the number of licensed EMT's to be initially employed. (3) In the event that the applicant is granted a license, the applicant shall be required to immediately update its application when there is a change in any of the items listed on the application. The failure of the license holder to update its application upon a change in any of the required items will result in a violation of this chapter. (c) Upon receiving an application and the fee, the City Clerk shall fo~vard the application to the Fire Chief for review and approval. No license shall be issued unless the Fire Chief is satisfied, pursuant to policies duly adopted, that (1) the applicant is properly certified by the State; (2) the applicant's facilities, ambulances, and equipment meet State and local standards; (3) employees of applicant are EMT certified and in good standing; (4) a record check of the applicant and its employees shows no criminal convictions within five years prior to the Ambulances date of application of federal, state or local laws involving the custody of incapacitated persons, the custody of narcotic or controlled substances, or the use of motor vehicles; (5) the applicant has fulfilled all the requirements of the laws of the state, including, but not limited to, RCW Chapter 18.73 and WAC 248-17, as those chapters currently exist or are hereafter amended, pertaining to emergency medical care and transportation services and ambulance rules and regulations; (6) the applicant has met ail the requirements of this chapter; (7) all personnel pi y dbyth ppli u .....~...,~.~r~: .............~._~.~ ...... ~,~ em o e e a cant are ..........j .......J ~--v ............................ ap?licantstate certified and have regular emergency vehicle driving training $v$0~14)18.06.040 INSURANCE. ApFllcant Each ambulance service shall obtain from a reputable insurance company and, at all times, maintain in full force the following insurance in the amount of not less than $1,000,000.00 each: (1) comprehensive general liability, (2) automobile liability for all vehicles, and (3) professional liability. Applicant shall provide an insurance certificate to this effect, naming the City of Bmmerton as an additional insured on the comprehensive general liability and automobile liability policies prior to the issuance of a business license. Such policies shall also provide for not less than thirty (30) days written notice, to the City Clerk of intended cancellation of coverage. The cancellation and/or termination of any such policy shall automatically revoke and terminate any business license issued for the ambulance service, unless a substitute insurance policy complying with the provisions of this section shall be provided and be in effect at or prior to the time of such cancellation or termination. (a) and 4 Ambulances Sv$1h08018.06.050 AMBULANCES AND EQUIPMENT. (a) Ambulances shall be maintained and inspected pursuant to requirements from time to time adopted by the Secretary. All ~ambulance services shall provide the ~ Department with copies of reports of inspection submitted to the Secretary pursuant to RCW 18.73.145. (b) Inspection by the City: In addition to any other inspection required by state law, the .... Department shall respect the records, equipment, and accessories of all ambulance ......................... ~. .......... up to twice annually at the discretion of the Additionally, the gi~-Department shall conduct individual inspections of~an ambulance service within three days of the receipt of any complaint about the llccnaccambulance service. Notwithstanding the above required inspections or any other provision of this chapter, the F4~ Department may, at all reasonable times, inspect the records, equipment and accessories of any ........................ t..~.ambulance service. (c) The tic-6msee-ambulance service shall pay an spect~on fee for each inspection required under this chapter. Each l'.'ccnaee sh~l and further shall pay an inspection fee for each inspection prompted by complaint; Provided, however, That no complaint-prompted inspection fee shall be paid where the Chief of the ~ Department has determined the complaint to be unwarranted and without substantial merit. All inspection fees shall be prepaid to the City Treasurer. Proof of payment must be provided before inspections commence. Any deficiencies identified during inspection shall be remedied within 30 days or the ambulance service business license shall be subject to er-revocation. (d) All ambulances and equipment storage and cleaning areas shall be subject to inspection by the Fire Department, during operating hours, to ensure that they are maintained in a clean and functional state. Disinfection or chemical sterilization of reusable equipment must meet guidelines established by the National Center for Disease Control. (e) L-ic-easees-Each ambulance service shall take immediate action to eliminate any unsanitary condition upon becoming aware of such and shall immediately correct any unsafe situation as directed by the Fire Chief or the Secretary by written notice. 5 Ambulances (f) Ambulances shall not be used without the minimum equipment prescribed by the Secretary. In the event a variance from said requirements is granted by the State, the licensee must ............... varmnce fr~mnot the Fire Department of the variance granted. 5.50.09018.06.060 PERFORMANCE STANDARDS - COMPLIANCE - RECORDS. (a) All services performed hereunder shall be in accordance with the standards and principles of the course of instruction given EMTs or paramedics, as the case may be, by the State, and pursuant to local medical protocols established from time to time by the Kitsap County Medical Program Director. (b) Records of 911 initiated calls shall be logged by ambulance crews and shall include the appearance and status of and treatment administered to injured, sick, or incapacitated persons treated or transported. Copies of such records shall be mailed or otherwise delivered to the Kitsap County EMS Office on a ,,veehtg-monthly basis, or more often if requested for good cause. Subject to the requirements of the State Public Disclosure Act, such records shall be confidential and shall be released only to proper officials of the City or Kitsap County EMS Office. Sd;IMl}018.06.070 EMERGENCY NOTIFICATION. In the event a call for emergency medical assistance is received by ~an ambulance service or a representative thereof, the caller shall be directed to call Cencom (9-1-1) and the ambulance cemFany service representative shall also call Cencom (9-1-1). ........ 18.06.080 RESPONSE TO 911 INITIATED AID CALLS. (a) At each aid call to which r~:.. a .~..., Fire Department ambulance responds, the Fire Department officer in charge shall determine whether the patient is in need of advanced life support (ALS) or basic life support (BLS) services. If the officer decides that the patient is in need of advanced life support services, the patient shall be transported to a hospital in a City Fire Department ambulance if available. Provided, however, If the patient's medical interests would be best served by transporting the patient by private ambulance, the officer in charge may arrange for the patient to be transported in that manner. (b) No effort shall be made by the4ieonse~an ambulance service to assume the custody of a patient before release of custody has been made by the r4m-Department officer in charge. (c) It is unlawful for an ambulance service licgngee, in responding by vehicle to any call requested by the ~ Department, to use emergency lighting or siren, unless (1) responding to emergencies or transporting a patient in accordance with the mutual aid provisions of this chapter or (2) directed to do so by ~ Department. (d) In the event them is more than one t/c-ense&ambulance service operating in the City which seeks to participate in the 911 aid calls, a representative and/or representatives from each ambulance service shall meet and devise a rotation schedule that shall be submitted to the City Clerk. Said schedule shall: (1) provide for only one company to respond to 911 initiated aid 6 Ambulances calls during any given month; (2) include a 12 month rotation; (3) be amended only upon 30 day notification to the City Clerk; and (4) provide for substitution by other ambulance service companies in the rotation under circumstances where an ambulance service has no ambulances available to provide service during its rotation. In the event a schedule is not submitted, the City Clerk shall prepare a rotation schedule that shall control the assignment of 911 aid calls to ambulance services licensed under this chapter. (e) Each !!censee :rider t~:~: chaptcrambulance service shall keep available an adequate supply of ambulances, personnel and equipment which will enable it to respond to a 911 call for assistance within ten (10) minutes of the time of the request 90% of the time, and within fifteen (15) minutes the remainder of the time. Response times shall be measured from the time of request for service is made from Cencom until the L:ccn~cc ambulance service arrives at the scene. The ~ambulance service shall submit monthly reports at the conclusion of its rotation stating response times for all emergency calls served during its rotation. (f) In the event that the licensee ambulance service has no ambulances available for emergency calls during its rotation, the liccngce ambulance service shall immediately advise the .~,,v .... Department and Cencom of such conditions, and shall further advise that the ![¢engee ambulance service is unavailable to respond to any emergency until further notification. A 5.50.12018.06.090 MUTUAL AID. (a) The l]cenzee Each ambulance service shall cooperate with any request by the t?,~aemm-Fim Department for mutual aid assistance within Kitsap County. (b) ~Each ambulance service shall equip its vehicles with radios capable of receiving and transmitting on City and County Fire Department frequencies, which frequencies shall be used by licensees only in the event of a request for service or a mutual aid situation described herein. ........ 18.06.100 RATES - FILING REQUIRED. Each ambulance service shall file and keep on file with the City Clerk its current schedule of rates to be charged for services. Such schedule or rates shall be a matter of public record open to public inspection in the City Clerk's office during normal city business hours and 7 Ambulances such schedule must be adhered to by the licensee throughout the period for which the license is issued. S,-50~4918.06.110 DENIAL OR REVOCATION OF LICENSE Any application for a business license and any business license issued pursuant to Chapter 5.02 BMC may be denied or revoked for a violation of the provisions of this chapter pursuant to the procedures set forth in Chapter 5.02 BMC relating to the denial and revocation of general business licenses. $/$9~t~18.06.120 I~N-AI-~i~ VIOLATION-PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. SECTION2. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION& Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2003 PASSED by the City Council the day of ,2003 Approved this day of CAROL ARENDS, Council President ,2003 ATTEST: CARY BOZEMAN, Mayor APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney 8 Ambulances PUBLISHED the day of EFFECTIVE the day of ORDINANCE NO. R 5LEGAL\Ordinances\Ambulances-Ch. 5.50.doc ,2003 ,2003 9 Ambulances