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HomeMy WebLinkAbout12/30/98 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA DECEMBER 30, 1998 5. 6. 7. 8. CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion, if separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. NONE CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT LEGISLATIVE REPORT PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Agreements with Kitsap County for BKAT Services B. 1999 Ambulance Rates #AB98-290 #AB98-291 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Agreements with Kitsap County for BKAT Services 1) Funding Agreement 2) Governmental Services Agreement FOR AGENDA OF: December 30r 1998 ORIGINATING DEPT: Admin. Services ORIGINATOR: Kathleen McCluskey~. DATE SUBMITTED: December 7, 1998 2. PJ~: (comment on ~ack 3. z--~/necessary)/ _ MAYoRENDORSEMENT W~ ~IN~~ION. APPROVED BY COUNCIL PR~IDEN~IRSUBMITTAL: ,YR B% 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: This is the second year of agreements with Kitsap County to provide BKAT services. The Funding Agreement provides the County 21¢ pass through and the Governmental Services Agreement provides for a payment of $50 per hour for filming county government hearings and other programming. RECOMMENDATION: 1) Motion to approve Funding Agreement with Kitsap County. 2) Motion to approve Governmental Services Agreement with Kitsap County. e RESPONSIBLE OFFICIAL: Admin. Svcs. Dir. ENFORCEMENT OFFICIAL: Admin. Svcs. Dir. EXPIRATION DATE: 12/31/99 REVIEW DATE: 10/99 PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DATE: DISAPPROVED 8A 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): Se IMPACT ON NON-PASSAGE: Loss of revenue to BKAT Loss of county wide programming e IMPACT ON STAFFING. BUDGETS~ FACILITIES, EOUIPMENT OR OTHER RESOURCES 21¢ pass through = $75,000 Governmental Services contract = $35,000 7. RESEARCH SOURCES: FUNDING AGREEMENT BETWEEN CITY OF BREMERTON AND KITSAP COUNTY AGREEMENT This Agreement is made this day of ,1998, by and between the City of Bremerton, a municipal corporation (City) and Kitsap County (County), who agree as o ° ° o follows: RECITALS The City and County desire to provide support for the use of cable access channels provided pursuant to the Cable Communication Policy ACt of 1992. The City and County have granted to TCI Cablevision of Washington, Inc. (TCI) and Falcon Video Communications, L.P. (Falcon) franchises to operate a cable television system in the City and County. The TCI and Falcon franchises provide that certain channel capacity be provided for public, educational, and governmental access. The TCI and Falcon franchises provide that certain payments shall be made by TCI and Falcon to support the public, educational, and government access channels. The City and County have determined that they will provide support for public, education, and government access through the dedication of the 21 cent ($.21) per customer per month charge included in the TCI and Falcon franchises for access purposes or equivalent amount. The City and County agree that the City shall provide access management services BKAT. AGT- 12/2/12/98- 1 through BKAT. NOW, THEREFORE, in consideration of the mutual promise and covenants set forth herein, the parties agree as follows: Section 1. Definitions. For the purpose of this Agreement, the following-words, terms, phrases, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular include the plural number. Access Channel or Public, Educational, or Government Access (PEG) Channel means any channel or portion of a channel utilized for non-commercial programming where any member of the general public or any organization may be a user. Bremerton Kitsap Access Television (BKAT) means the program provided by the City under this funding agreement. Channel means a radio frequency band or its technical equivalent on the cable system, which is capable of carrying either one standard television signal, or a number of audio, digital, or other non-video signals, or some combination of such signals. Franchise or Franchise Agreement means the Franchise Agreement, including all referenced material, adopted in the appropriate manner by the City of Bremerton and Kitsap County. User means any person, organization, institution, business, or group of persons ' representing such organization or business who use services or resources provided by BKAT or provide programming for cablecast on the access channels. All programming participation shall be allowed on a non-discriminatory basis. BKAT. AGT - 12/2/12/98 - 2 Section 2. Scope of Services. In exchange for the funding provided by the County to City, pursuant to this Agreement, City shall manage the following access services: A. Operate the Access Channels - Public, Education and Government. Operate the public, educational and government access channel(s) provided by cable companies to the County for community access programming purposes in a manner which is in compliance with applicable laws, rules, regulations and City and County franchise ordinances, with the primary purpose being to administer, coordinate and assist those requesting access on a non-discriminatory basis. B. Operate a Community Access Center. Manage a video production facility and equipment which shall be available for public use at such hours and times as are determined by City. Access to equipment and facilities shall be open to all those who satisfactorily complete training class(es) provided by BKAT or who receive a certification from BKAT, identifying said user(s) as having satisfied training requirements through means other than BKAT training classes. C. Provide Equal Access. Provide access to the use of the equipment, facilities, channels, and services provided hereunder on a non-discriminatory basis to all members of the community for non-commercial programming purposes, whether individuals, groups, or organizations, on a first-come, first-served non- discriminatory basis, pursuant to operating rules promulgated by BKAT. D. Develop Operating Policies and Procedure. Develop policies and guidelines for use and operation of the access equipment, facilities, and channel(s) and file such policies, procedures, and rules with the City and County. BKAT. AGT- 12/2/12/98 - 3 Fo Ho Maintenance of Equipment. Provide regular maintenance and repair of all video equipment purchased with monies received pursuant to this Agreement. Promotion. Actively promote the use and benefit of the public, e, ducational and government access channel(s) and facilities to cable subscribers, the public, access users, and TCI and Falcon. Training. Train interested residents in the techniques of video production and provide technical advice in the execution of productions. Other Activities. Based upon available funding, undertake other public, educational and government access programming activities and services as deemed appropriate by City and consistent with the obligation to facilitate and promote access programming and provide nondiscriminatory access. Technical Standards. BKAT shall develop technical standards as a part of its operating rules and procedures. A decision, if any, to not cablecast a program due to technical problems shall in no way involve consideration of the actual content of the program itself. The City or County will not be held responsible for technical problems under control of the cable system. Charges for PEG Access Facilities, Equipment, Training or Cablecast Time. The purpose of PEG access is to allow members of the community within the Service Area to communicate their activities, opinions, and ideas without interfer- ence or censorship. However, the City and County may find it necessary to charge a fee for use of facilities, equipment, cablecast time, or training. These fees will be approved in advance by the County. Such fees shall not be used to interfere BKAT.AGT - 12/2/12/98 - 4 with or censor a user who seeks to produce PEG access programming. City will also establish a process to enable individuals without sufficient funds to use equipment, facilities, cablecast time, or to receive training. K. Emergencies/Disasters. Access shall be provided to the broadcast facility for City and County broadcasting of public information during periods of local disasters and public emergencies. L. Public Service Notices. Provide equal access to County subscribers to post public service announcements using a character generator. Section 3. Channels Open to Public: City agrees to keep the access channel(s) open to all potential users, subject to FCC regulations, the Cable Communication Policy Act of 1992, and other relevant laws. Neither the City, County, nor the cable company(s), shall have the authority to control the content of programming placed on the public access channel(s) so long as such programming is lawful. Provided that, nothing herein shall prevent the City, County or cable company from producing or sponsoring programming, prevent the City, County, or cable company from underwriting programming, or prevent the City, County or cable company, from engaging in activities designed to promote production of certain types of programming or use by targeted groups as consistent with applicable law and rules for use of channels. BKAT may promulgate and enforce policies and procedures which are designed to promote local use of the channel(s) and make the programming accessible to the viewing public, consistent with such time, manner, and place regulations as are appropriate. Section 4. Copyright Clearance. Before cable casting video transmissions City shall require all users to agree in writing that they shall make all appropriate arrangements to obtain all rights to BKAT. AGT-I~I~98-5 all material cablecast and clearances from broadcast stations, networks, sponsors, music licensing organizations' representative, and without limitation from the foregoing, any and all other persons as may be necessary to transmit program material over BKAT authorize,d channels unless such clearance is otherwise provided by the cable company. City shall maintain for the County inspection, upon reasonable notice and for the term of the applicable statute of limitations, copies of all such user agreements. Section 5. Copyright and Ownership. City and County shall own the copyright of any programs which they may choose from time to time to produce. Copyright of programming produced by the public shall be held by such person(s) who produces said programming. Section 6. Distribution Rights. City shall require that all programs produced with funds, equipment, facilities, or staff granted under this Agreement shall be distributed on the PEG channels. This subparagraph shall not be interpreted to restrict other distribution, so long as such distribution is consistent with the rules and procedures governing such which shall be promulgated by the BKAT and filed with the City and County. Section 7. Equipment and Facilities. A. City shall be responsible for maintenance of all equipment owned, leased or loaned to it under this Agreement or purchased with funds provided pursuant to this Agreement. B. City and County shall own all equipment acquired by and purchased with funds received pursuant to this Agreement, except that upon termination or non-renewal of this Agreement, all such equipment or facilities purchased with funds received pursuant to the Agreement shall become the property of the City and County BKAT.AGT-I~I~98-6 proportionate to their share of revenue contributed. C. County agrees to continue to provide the facilities at 7266 Tibardis Rd. NW, Bremerton, Washington for the use of BKAT for public access purposes during the term of this agreement. Utilities will be paid as follows: Kitsap County will provide (pay) electricity, security alarm system, sewer, and water. The County will perform routine maintenance on the building and the parking lot. The City and/or BKAT are responsible for garbage, ground maintenance and telephone. D. Furniture and Equipment. Furniture and equipment purchased with funds from County sources are furnished to BKAT under this agreement. A listing of these items is attached as Exhibit "A". Section 8. Non-discrimination in Employment and Service. A. City shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, marital status, ancestry, national origin or physical or mental handicap. B. City shall not discriminate in the delivery of services on the basis of race, color, creed, religion, sex, marital status, an ancestry, national origin or physical or mental handicap. Section 9. Assignment and Subletting. Neither this Agreement nor any interest herein shall be assigned or transferred by City. Section 10. Annual Reports. Prior to March 15 of each year, City shall submit to the County an annual report for the preceding calendar year (January 1 - December 31). This report shall contain, at a minimum, the following information: BKAT. AGT- 12/2/12/98- 7 q mo Statistics on programming and services provided. Current and complete listing of Public Access Advisory Committee members. A summary of formal user and viewer complaints or comments along with BKAT responses. A full schedule of any rates and charges for PEG access related activities. A report on progress made toward access goals. A list of all capital assets. Other reports will be provided as requested by the County but not less than twice yearly. Section 11. Records, Fiscal Audit. A. City shall maintain all necessary books and records, in accordance with generally accepted accounting principles. B. City shall provide a quarterly budget status report to the County. Section 12. Funding. County shall pay to the City twenty-one cents ($.21) per customer per month quarterly. Payments will be made no later than forty-five (45) days following the end of each calendar quarter. City shall spend funds received from the County solely for the purposes listed in Section 2 Scope of Services of the Agreement. Funds not expended in the year covered by the Annual Budget must be carried over into succeeding years. Upon termination of this Agreement all funds of any kind received from the County and not expended by City shall be returned to the County. Section 13. Term of Agreement. The Agreement shall be for a period of one (1) year commencing January 1, 1999 and terminating December 31, 1999. The Agreement may be extended for additional one year terms upon approval of both parties. BKAT. AGT- 12/2/17../98 - 8 Section 14. Termination of Agreement: Transfer of Assets. A. The County or City shall have the right upon one hundred twenty (120) days written notice to the other party to terminate this Agreement without cause. B. Upon termination of this Agreement, City shall immediately transfer to the County in proportionate share to revenue provided alt equipment, real property, fixtures, contracts, leases, deposit accounts or other assets received by or purchased by City with funds received pursuant to this Agreement. Those items described in Section 7, Paragraph D hereof shall not be covered by the provisions of this paragraph and all such items listed on the attached schedule referenced in Section 7, Paragraph D hereof shall revert to the ownership of Kitsap County upon termination of this agreement. Section 15. Severability. In the event any provision of this Agreement is deemed unconstitutional, illegal, or void as a matter of taw, the parties agree that all of the provisions of this Agreement that are not affected by such an occurrence, shall constitute a full and complete Agreement between the parties. Section 16. Indemnification. The City of Bremerton shall indemnify, defend and hold harmless Kitsap County, its officers, agents and employees from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature or description, including payment of litigation costs and attorney's fees, brought by any person or persons for or on account of any loss, damage or injury to person, property or any other interest, tangible or intangible, sustained by or accruing to any person or persons, howsoever the same may be caused, directly or indirectly, arising or resulting from any alleged negligent or intentional acts or BKAT.AGT - 12/2/12/98 - 9 I% omissions of the City of Bremerton, its officers, employees, agents, contractors or invitees arising out of or resulting from the performance of this agreement. Such indemnity shall also cover any and all claims of loss or damage to person or property arising out of the failure of t. he City of Bremerton to comply with any applicable laws, rules, regulations or other requirements of local, o state or federal authorities, for claims of libel, slander, invasions of privacy, or infringement of common law or statutory copyright, for breach of contract which claims, directly or indirectly, result from the City of Bremerton's use of channels, funds, equipment or facilities utilized under this agreement. In the event any such claim, action or liability is brought against Kitsap County, its officers, agents or employees, Kitsap County shall promptly forward it to the City of Bremerton, the City of Bremerton shall control the investigation, defense, resolution and payment of all such claims, actions or liabilities, including the retention and management of attorneys and the costs thereof. Section 17. Notices. All notices and other communications to be given by either party may be given in writing, depositing the same in the United States, mail, postage prepaid and addressed to the appropriate party as follows: Administrative Services Director City of Bremerton 239 Fourth Street Bremerton, Washington 98337 Administrative Services Director Kitsap County 614 Division Street Port Orchard, Washington 98366 Section 18. Cable Advisory Committee. The Mayor of Bremerton, with confirmation of the BKAT. AGT- 12/2/12/98- 10 Bremerton City Council, and the County Commissioners shall appoint the Public Access Advisory Committee composed of nine members. The Advisory Committee is established by City of Bremerton Ordinance No. 4624. The City and County will appoint members as follows: Government Staff Representatives User Representatives Community Representatives Youth Representative City County 1 1 1 1 2 2 Joint Appointment (1) Section 19. Entire Agreement. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement and no purported oral amendment to the Agreement shall be valid. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. KITSAP COUNTY CITY OF BREMERTON (a municipal corporation) CHRIS ENDRESEN, Chairman PHIL BEST, Commissioner LYNN S. HORTON, Mayor Date: APPROVED AS TO FORM: CHARLOTTE GARRDO, Commissioner Date: GLENNA MALANCA City Attorney BKAT. AGT- 1212112/98 - 1 1 // // ATTEST: DEPARTMENTAL APPROVAL: KATHLEEN McCLUSKEY, City Clerk BKAT.AGT- 12/2/12/98- 12 ITEM MAKE MODEL EXHIBIT "A" Access Television Inventory: -County ~{."'>$99.00 s/N ESE ES-244 P2 ESE ES-244 GE 3-5366A Audio Level Interface - dual Audio Level Interface audio microcassette recorder board - white marker wall Bookcase - 4 shelf cabinet - 4 door w/ blue top cabinet - 4 doors cabinet - 4 sliding doors, 3 Cabinet - Conference room 4 cabinet - desk (5 drawers) cabinet - desk (5 drawers) cabinet - file 4drawer legal cabinet - file 4drawer legal Cabinet - office 4 door camera - color TV camera - Hi8 video camcorder Camera - SVHS video camcorder Camera - SVICS video camcorder cart - A/V 4 shelf chair - grey/wood/flared arms chair - ~rey/wood/flared arms Chair - office w/ arms Chazr - office w/ arms Chair - office w/wood arms 4 chazr - teal charade chair - teal charade chair - teal charade chair - teal charade chair - teal charade Chair - wood Arms computer - 15in. multisync computer - CPU computer - CPU computer - Media 100 system computer - monitor computer - printer computer - scanner flatbed computer - speakers Computer software - ~ computer software - Picture computer software - Media controller / switcher couch - (loveseat) desk - Desk - 2 drawer Desk - 2 drawer Desk - 2 drawer Desk - 4 drawer wood desk - 5 drawer desk - 5 drawer (w/ black desk - receptionist L 3542 Sears Sony Panasonic Panasonic Carolina Carolina 9345381215 1103320 CCD-TRV70 1029470 AG-456I/P J6~!B00882 AG-456I/P J6HB00365 91017 91017 McMaha McMaha McMa_ha McMaha McMaha Carolina NEC NEC PC' s Limited DaUa Fortis 731220 731220 731220 731220 731220 XV15 JC1571VMA ReadyOffic 102-00041 Turbo PC Media 100 00357020 AM30 15991441 Hewlett Packard C4565A Mustek NEC Col Micrc~rafx Thomas Creek Leightronix Carolina Mid Atlantic US6B0110DP MFS-12000S AN6020079 R01625 7351630308 V 1.0 Mini-T Pro 01994 34517 MD-48 Page 1 COST 370.C 175. C !50.C 300.C 100.C 200.0 150 0 150 0 !50 O 150 150 0 800 0 150 0 150.0 '!, 200 . 0~ 1,499.9~ 2,055.0( 2,055.0¢ 350.0C 200.0( 200 OC 150 OC 150 OC 150 OC 100 OC 100 O( 100 OC 100 OC 100 OC 150. 499 2,399 2,000 O( 3,600 OC 200 OC 499 499 ' 100 O( 99 150 O~ 405 800 OC 300 O( 220 O( 200 Of 200 O( 200 OC 250 O( 350 35O 300 Access Television Inventor~y: ITEM desk - shelf workstation combo Desk - w/ computer rollout Edit Pack 1 (3 items) Editing Control Unit Editing Control unit Fax machine Intercom o belt pack Intercom - belt pack Intercom o belt pack Intercom - headset Intercom - headset Intercom - headset Intercom - headset Intercom - microphone Intercom Power Supply & Intercom Station - 2 charnlel interface - VCR Panasonic Panasonic Sony Sharp Telex Telex Telex Telex Telex Telex Telex Telex Telex Telex TAO microphone - lavalier electret Sony Microphone - Lavalier Electret Sony Microphone - Lavalier Electret Sony Microphone ~ Lavalier Electret Sony mixer - Audio/Video mixer - Audio/video Monitor - 13in. Color Monitor - 13in. Color Monitor - 13in. Color monitor bridge Monitor/Receiver - 13in. Monitor/Tuner/VHS VCR monitors - 5in. B&W triple monitors - 5in. B&W triple power strip - 20 outlet w/ power supply / conditioner rack - 70in. rack - mini rack - mini refridgerator - 1.7 c.f. shelves - compartmentalized shelves - compartmentalized Switcher - Audio/Video table - black/oval/with leaf Table - Conference room (Oak) Table - Typewriter (oak Table - Typewriter (oak table - wooden telephone - cellular tripod & head tripod & head Typewriter - electric Typewriter - electric Video Titlemaker Panasonic Panas oni c JVC J~C Panas oni c Mid Atlantic Magnavox Symphoni c Panasonic Panasonic winsted APC Mid Atlantic Mid Atlantic Mid Atlantic JC Penney Videotek US WEST Bogen Bogen TA TA Videonics Page 2 County >$99.00 MODEL S/N 3 items AG-A350 C6~TNA1464 RM-450 8~431 UX-177 BP-1000 B57039 BP-1000 B57057 BP-1000 B57063 PH-8 PH-8 PH-8 PH-8 EGM12N SPS2000 11737 US-2000 9647 I-Port 422 ECM-44B 235897 ECM-44B 0237099 ECM-44B 0237100 ECM-44B 0237046 WJ-MX30 6YA00939 WJ-MX30 6YA01044 TM-131SU 13102648 TM-13iSU 13102528 CT-1384Y M~2080985 MB-6 PR13!6C12! 62984238 TvcRgFi V29679326 WV-BM503 69W21378 W'V-BM503 69W21922 10713 BF250 0960874653 ERK-4025 MR-!4W MIt-14W 867-3002-5 22051475 PVS-6A 09960662 SCIq-2594A GUY 3140 3140 Satellite AG-D8500 Satellite AG-D8500 TM-2000 264496 COST 350 300 6,840 1,500 1,500 199 171 171 171 115 115I 115 115 ( 123 420 365. 445. 185. 185. 185. 185 2,063 2,063 320 320 285 0 124 159 9 299 899 0 899 0 135 0 2OO 0 399.0 175 0 175 199 0 300 0 300 0 207 0 350 C 50O 0 100 0 100 0 100 0 300 0 250 0 250 0 30O 0 300 0 480 0 Access Television Inventory: County.~ .... >$99.00 ITEM Video Titlemaker Videocassette player - Hi8 videocassette recorder - Videocassette Recorder - SVHS Videocassette Recorder - SVHS Videocassette Recorder - SVHS Videocassette Recorder - SVHS videocassette recorder - SVHS videocassette recorder - MAKE MODEL S/N Videonics TM-2000 262117 Sony EVS-7000 18318 JVC CR-6060U 17418948 Panasonic AG-DS550P J6TC00072 Panasonic AG-DS545P C7TC00030 Panasonic AG-DS540 I6TC00006 Panasonic AG-DS550P J6TC00078 RCA 'VR720HF PV665212 Sears 5625358015 26060311 5625359015 40094838 videocassette recorder - tuner Sears Videocassette Recorder - SVHS · Videocassette Recorder - SVHS Videocassette Recorder - SVHS Videocassette Recorder - SVHS Vi~. gocassette Recorder - SVHS Vmdeocassette Recorder - SVHS Videocassette Recorder Videocassette Recorder - SVHS Sony SVO-2000 805126 Sony SV0-2000 805135 Sony SV0-2000 805136 Sony SV0-2000 805108 Sony SV0-2000 805204 Sony SV0-2000 805623 Sony V0-9800 14726 Sony SV0-2000 805107 COST ~75.0 1,645.0 1,000.0 3,735.0 2,790.0 1,145 . 0~ 1,145.0( 349.9' 1,000.0¢ 500.0¢ 1,145.0£ 1,145.0£ 1,145.0C 1,145.0C '1,145.0C 1,145.0¢ 5,705.0C 1,t45.0£ Total: 79,243.86 Page 3 GOVERNMENTAL SERVICES AGREEMENT BETWEEN KITSAP COUNTY AND CITY OF BREMERTON This Agreement is made this __ day of ,1998 by and between Kitsap County (County) and the City of Bremerton (City), who agree as follows: Section 1. Scope of Services. In exchange for funding provided by Kitsap County to City of Bremerton pursuant to this Agreemem, City of Bremerton shall operate and manage through Bremerton Kitsap Access Television (BKAT) the governmental programming for the County. Governmental programming may include, but not be limited to, the following monthly programming: 2. 3. 4. 5. County Commissioner Hearings Hearing Examiner Planning Commission Inside Kitsap (news program) Other programming as requested City shall provide: editing time as needed; technical support and consultation; pre-production and post-production services; properly trained staff'and volunteers; camera and photographer for field assignments; proceeding/event tape duplication and delivery no later than the 2nd business day following completion of project to program sponsor; coordinate programming hours and studio time; maintain Gov~ranen~l geoAc~ Agrenmm'a - 12/2/98 - 1 I$ County owned video production equipment (attachment "Access Television Inventory: County >$99.00" to Funding Agreement Between City of Bremerton and Kitsap County, KC414-97). Program slots shall not be moved, altered or deleted without consent of the County. The content of County produced programming shall be controlled by the County. All regularly scheduled programming shall be replayed a minimum of one additional time. Advance notice of seven (7) days shall be required for regularly scheduled meetings held at off site locations in Kitsap County. County shall purchase and store all tapes related to county originated programming. For "Other Programming" as requested, Section 1 (5), above, the County shall give seven (7) working days notice. All requests shall be made by phone, fax or e-mail directly to the BKAT office. The City, through Bremerton Kitsap Access Television, will respond to the requestor within one (1) working day that they can or cannot schedule the request. The City agrees that conflicting requests on the same day for production services and less than seven (7) day notice shall be satisfied on a first come, first serve basis unless other arrangements are made. Section 2, Funding. City shall receive funding in exchange for delivery of the services delineated in Section One of this Agreement. County shall make funds available to City as follows: The County shall be billed at the rate of $50.00 per hour for services provided under Section One. BKAT invoices will be detailed to pre-production, event production, and post-production services by event type and date. Except for tapes covered in Section One, BKAT will cover all other expenses associated with the various production activities, unless otherwise agreed upon. The County will not Governmental Services Agreement - 12/2/98 - 2 cover employee or volunteer travel time to production sites. County shall make monthly payments to City following receipt of invoice from BKAT payable within twenty (20) days of receipt. Section 3. Term of Agreement. The term of this Agreement, shall be for a p~riod commencing on January 1, 1999 and ending on December 31, 1999. The Agreement may be exten~led for additional · one (1) year terms upon approval of both parties. Section 4. Hold Harmless. Each party shall defend, protect and hold harmless the other party from and against all claims, suits, and/or other actions arising from any negligent or intentional act or omission of that party's employees, agents and/or authorized subcontractor(s) while performing this contract. Section 5. Termination. This agreement may be terminated by either party without cause upon giving one hundred twenty (120) days written notice. Section 6. Non-discrimination in Employment and Service. City shall not discriminate against any person, employee or applicant for employment or subcontractor on the basis of race, color, creed, religion, sex, marital status, ancestry, national origin or physical or mental handicap. Govermne~lal S,=-v'ic~s Agr,~m~nt - 12/'2./98 - 3 City shall not discriminate in the delivery of services on the basis of race, color, creed, religion, sex, marital status, an ancestry, national origin or physical or mental handicap. C. City shall comply with Americans with Disabilities Act (ADA) requirements. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. CITY OF BREMERTON KITSAP COUNTY LYNN HORTON, Mayor Date: APPROVED AS TO FORM: GLENNA MALANCA City Attorney DEPARTMENTAL APPROVAL: CHRIS ENDRESEN, Chairman PHII J BEST, Commissioner CHARLOTTE GARRIDO, Commissioner Date: ATTEST: KATHLEEN McCLUSKEY, City Clerk Governmental Services Agreement - 1272/98 - 4 AGENDA BILL BREMERTON CITY COUNCIL 1999 Ambulance Rates FOR AGENDA OF: 12/30/98 ORIGINATING DEPT: Admin Services ORIGINATOR: Pau!a Johnston~' DATE SUBMITTED: 12/14/98 v~ ¥ 2 o ENDORSEMENT ~< INFORMATION ~_LEJLP~g~: (comment on back 3 . ~: if neces~%ry) Admin Services_~r~ ~ a) Rate Comparison Table City Attorney Fire Chief w_/~ .... b) Letters and Suz-veys Fiscat/Budge~~-~ ~ from Ambulance Companies Operations ~.~ APPROVED BY COUNCIL PR~ID,~T~OR SUBMITTAL: COUNCIL PRESIDENT - : , \ o SUMMARY STATEMENT AND REOU!REMENT FOR.COUNCIL ACTION: Pursuant to the ambulance regulatory ordinance, ambulance rates charged for 911 BLS aid calls must be approved by council. Both local companies, Olympic and Bremerton, have submitted requests for rate increases for 911 BLS calls to be effective January 1, 1999. Clerk staff has surveyed regional ambulance companies for comparable rates. Ail surveyed companies have raised their rates since 1997 for BLS and the array of products and services they provide. RECOMMENDATION: Based upon this survey and the relative lower costs for services offered by Olympic and Bremerton Ambulance Companies, Staff recommends approval of the porposed rates increases for 1999. RESPONSIBLE OFFICIAL: Admin Services ENFORCEMENT OFFICIAL: Admin Services EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: o CLEARANCE COMMENTS {cont.}: 4. SUMMARY STATEMENT (cont.) : o IMPACT ON NON-PASSAGE: 1997 BLS rates will remain in effect. 6. IMPACT ON STAFFING~ BIIDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES N/A o RESEARCH SOURCES: ALLISON DUKE III, Fire Chief 817 Pacific Avenue · Bremerton, WA 98337 ~, 060) 478-5381 ~, FAX (360) 478-5397 Tuesday, December 29, 1998 TO: Bremerton City Council Members FROM: Allison Duke III, Fire Chief Bremerton Fire Department SUBJECT: 1999 Ambulance Rates for 911 BLS Aid Calls I am bringing forth this recommendation concerning the 1999 ambulance rates for 911 BLS aid calls as you have requested. There are two qualifying factors that I must bring to your attention first. The first component is that there is an appearance that the Bremerton Fire Department is in direct or indirect competition with the private for profit ambulance companies. The second and more important issue is that the private for profit ambulance companies will not allow us the opportunity to evaluate their costs associated with operations. This in turn does not allow us to do a cost/benefit analysis that would promote objective decision-making. Therefore, the Bremerton Fire Departments recommendations will be solely based on the criteria of what is equitable when compared to similar operations. The Bremerton Fire Department has reviewed both proposals presented by Olympic and Bremerton Ambulance Companies. The Fire Department believes that the 8% increase proposal is justified when compared to other operations. Also, this would be a 5% increase over a two-year period. Another rationale behind the recommendation was that a majority of patients seen do not require the itemized supplies, therefore you would only be billed for what you use. The base rate when compared to Seattle/Tacoma based private ambulance companies would be a 29% decreased difference from the locally based pr'n/ate ambulance companies. When compared to the 1998 rates for local public ambulance services, the private service is at the same rate for one entity and 11% lower to the other. · Serving the Citizens of Bremerton since 1901 · OLYMPIC AND BREMERTON AMBULANCE COS. 1999 RATE INCREASE PROPOSAL 1999 APPR BASIC LIFE SUPPORT ITEM 1997 RATES 1999 PROPOSED RATES RATES 1998 COMPARISON RATES OLYMPIC BREMERTON SHANNON (1) A.M.R. (2) DISCOUNTED BLS BASE RATE $ 215.25 $ 226.00 $ 226.00 $ $ UNDISCOUNTED BLS BASE RATE $ 231.00 $ 242.50 $ 242.50 $ 310.00 $ 316.00 MILEAGE (LOADED PATIENT) $ 9.98 $ 10.50 $ 10.50 $ 12.00 12.00/MILE NIGHT CHARGE 7:00P.M.-7:00A.M. $ 31.50 $ 33.10 $ 33.10 $ 35.75 $ 37.00 WAITTIME / MINUTE $ 1.84 $ 2.00 $ 2.00 $ 1.00 $ 2.00 SECOND ATTENDANT $ 52.50 $ 55.15 $ 55.15 $ 100.00 $ 156.00 OXYGEN $ 36.75 $ 38.60 $ 38.60 $ 30.00 $ 60.00 TWO PATIENTS $ 115.50 $ 121.30 $ 121.30 $' $ 115.00 SIT-UP $ 63.00 $ 66.15 $ 66.15 $ $ - CANNULA/MASK $ 7.35 .... $ 16.00 $ 9.00 SUCTION/TUBE $ 23.10 $ 24.26 $ 24.26 $ 16.00 $ 16.00 RESTRAINTS $ 15.75 * * $ 39.00 $ 25.00 OB KIT $ 26.25 $ "27.60 $ 27.60 $ 45.00 $ 35.75 BURN KIT $ 26.25 $ 27.60 $ 27.60 $ 27.00 $ CERVICAL COLLAR $ 26.25 $ 27.60 $ 27.60 $ 48.00 $ 53.00 GLOVES/MASK $ 6.30 $ 6.60 $ 6.60 $ 2.50 $ DRESSINGS $ 10.50 $ 11.05 $ 11.05 $ 6.25 $ 20.75 TRIANGULAR BANDAGES $ 6.30 $ 6.60 $ 6.60 $ 6.25 $ 7.25 ORAL AIRWAY $ 6.30 * * $ 6.25 $ 5.30 HOT/COLD PACKS $ 6.30 $ 6.60 $ 6.60 $ 6.50 $ 7.50 SPINAL IMMOBILIZATION $ 36.75 $ 38.60 $ 38.60 $ 48.00 $ 45.00 IV MONITOR $ 52.50 $ 55.15 $ 55.15 $ 30.00 $ 27.50 · * INCLUDED IN OXYGEN RATE · INCLUDED IN BASE RATE (1) Shannon operates in Pierce, King & Snohomish Counties~ (2) A.M.R. operates in Pierce, King, Snohomish, Spokane, Tri-Cities, Thurston, - Lewis, Benton & Franklin Counties. Page 1 OLYMPIC 2515 Cherry Place · P.O. Box 2437 Bremerton, WA 98310 (360) 377-7777 · 1-800-445-2257 November 12, 1998 Kathleen McCluskey, City Clerk Director of Administrative Services City of Bremerton 239 Fourth Street Bremerton, Washington 98310 Dear Ms. McCluskey: Olympic Ambulance is requesting a 5% rate increase to become effective January 1, 1999. Our last increase was in January of 1997. For your review I have included a rate comparison between Olympic Ambulance and other ambulance providers in the Puget Sound area. With the proposed increase our rates would still be significantly lower than the other private ambulance companies, and competitive with Fire Districts who receive tax dollars. The cost of doing business has steadily increased in Emergency Medical Services. The Balanced Budget Act shows that Medicare ambulance reimbursement for 1999 will be at 1998 rates minus 1% CPl. With Medicare and welfare recipients being the majority of our patients, this will have a considerable impact. Our reimbursement rates have not kept up with the amount of money that we are required to write-off by government entitlement programs. Over the last two years we have written off' over $500,000 in welfare adjustments. At Olympic Ambulance we strive to be involved in our community. During holidays we offer free transportation to citizens who have difficulty getting to their families homes. We provide free blood pressure checks at Assisted Living Facilities, provide free stand by coverage at Bremerton High School games and are major sponsors of the Long Term Care Conference providing manpower as well as donations. We are proud to be a small business in Bremerton. Thank you for your considering our proposed rates. Sincerely, Willi~fffiejohn/? President Olympic Ambulance Rate Schedule Olympic Ambulance Description Olympic Ambulance 1998 Rates Proposed 1999 Rates BLS Discounted Base Rate $ 215.25 $ 226.00 BLS Base Rate $ 231.00 $ 242.50 ALS Discounted Base Rate $ 384.00 $ 403.20 ALS Base Rate $ 399.00 $ 418.95 Mileage (Loaded Patient) $ 9.98 $ 10.50 Night Charge 7:00p.m. - 7:00a.m. $ 31.50 $ 33.10 Wait Time/minute $ 1.84 $ 2.00 Second Attendant $ 52.50 $ 55.15 Oxygen $ 36.75 $ 38.60 Two Patients $ 115.50 $ 121.30 Sit-up $ 63.00 $ 66.15 Suction/Tube $ 23.10 $ 24.26 OB Kit $ 26.25 $ 27.60 Bum Kit $ 26.25 $ 27.60 Cervical Collar $ 26.25 $ 27.60 Gloves/Mask $ 6.30 $ 6.60 Dressings $ 10.50 $ 11.05 Triangular Bandages $ 6.30 $ 6.60 Hot/Cold Packs $ 6.30 $ 6.60 Spinal Immobilization $ 36.75 $ 38.60 IV Monitor $ 52.50 $ 55.15 1998 Rate Survey Olympic AmbulanceOlympic American MetroRUral North Kitsap Kitsa p Mason Mason Description Ambulance Medical Fire ~ County Fire County County Fire 1998 Rates Proposed 1999 Response Shannon Rates Ambulance Rescue District #7 Medic One District #5 :BLS DiscountedBaseRate $ 215.25 $ 226.00 $ 316.00 $ 290.00 $ 250.00 $ 225.00 $ 500.00 $ 350.00 BLS BaseRate $ 231.00 $ 242.55 $ 316.00 $ 290.00 $ 250.00 $ 225.00 $ 500,00 $ 350.00 Mileage (Loaded Patient) $ 9,98 $ 10.50 $ 12.00 $ 11.00 $ 8.50 $ - $ 9.00 $ 7.50 Oxygen ...... $ 36.75 $ 38.60 $ ,,,60.00 $ 47.50 $ $ 13.00 $ 40.00 $ .... - Most agencies have additional charges for items such as back-boarding, wait time, etc. For consistency purposes the three most commonly charged items are being included in this survey. Charges for every item were unattainable. BREMERTON AMBULANCE 2515 Cherry Place · Bremerton, WA 98310 (360) 377-7777 · Fax (360) 479-6210 November 12, 1998 Kathleen McCluskey, City Clerk Director of Administrative Services City of Bremerton 239 Fourth Street Bremerton, Washington 98310 Dear Ms. McCluskey: Bremerton Ambulance is requesting approval of the enclosed fee schedule to become effective January 1999. The new schedule reflects a 5% increase over the rates we have had since January of 1997. We still offer an early pay discount. While the cost of doing business increases in Emergency Medical Services the rate of reimbursement through Medicare is decreasing. The Balanced Budget Act shows that Medicare ambulance reimbursement for 1999 will be at 1998 rates minus 1% CPI. Medicare and welfare recipients make up the majority of our patients. The proposed increase will help us offset the decrease in Medicare and welfare reimbursement and the increase in adjustments (write-offs) for which we cannot control. * In 1997 we had a 26% increase in welfare write-offs from 1996. * In 1998 we had an additional 26% increase in welfare write-offs from 1997. Also enclosed is a chart that compares our current rates to rates of other providers in the Puget Sound area. As always, Bremerton Ambulance is dedicated to providing the best quality of patient care at the most economical price possible. Sincerely, Kimbefly A. Doyle Bremerton Ambulance Rate Schedule I Bremerton Bremerton Ambul an, Description Ambulance Proposed 1999 1998 Rates Rates BLS Discounted Base Rate $ 215.25 $ 226.00 BLS Base Rate $ 231.00 $ 242.50 Mileage (Loaded Patient) $ 9.98 $ 10.50 Night Charge 7:00p.m. - 7:00a.m. $ 31.50 $ 33.10 Wait Time/minute $ 1.84 $ 2.00 Second Attendant $ 52.50 $ 55.15 Oxygen $ 36.75 $ 38.60 Two Patients $ 115.50 $ 121.30 Sit-up $ 63.00 $ 66.15 Suction/Tube $ 23.10 $ 24.26 OB Kit $ 26.25 $ 27.60 Burn Kit $ 26.25 $ 27.60 Cervical Collar $ 26.25 $ 27.60 Gloves/Mask $ 6.30 $ 6.60 Dressings $ 10.50 $ 11.05 Triangular Bandages $ 6.30 $ 6.60 Hot/Cold Packs $ 6.30 $ 6.60 Spinal Immobilization $ 36.75 $ 38.60 IV Monitor $ 52.50 $ 55.15 ~e 1998 Rate Survey Bremerton Bremerton American Rural Ambulance Metro North Kitsap Kitsap Mason Mason Medical Shannon Fire & County Fire County County Fire Description Ambulance Proposed 1999 Response Rescue District #7 Medic One District#5 1998 Rates Rates Ambulance BLS DiscountedBaseRate $ 215.25 $ 226.00 $ 316.00 $ 290.00 $ 250.00 $ 225.00 $ 500.00 $ 350.00 BLS BaseRate $ 231.00$ 242.55 $ 316.00 $ 290.00 $ 250..00 $ 225.00 $ 500.00 $ 350.00 Mileage (Loaded Patient) $ 9.98 $ 10.50 $ 12.00 $ 11.00 $ 8.50 $ .,~ $ 9.00 $ 7.50 Oxygen $ 36.75 $ 38.60 $ 60.00 $ 47.50 $ $ 13.00 $ 40.00 $ - Most agencies have additional charges for items such as back-boarding, wait time, etc. For consistency purposes the three most commonly charged items are being included in this survey. Charges for every item were unattainable. Chapter 5.50 AMBULANCES Sections: 5.50.010 5.50.020 5.50.030 5.50.040 5.50.050 5.50.060 5.50.070 5.50.080 5.50.090 5.50.100 5.50.110 5.50.120 5.50.130 5.50.140 DEFINITIONS. APPLICABI~LITY. LICENSE REQUIRED - APPLICATION. INSURANCE. AMBULANCE PERSONNEL - LICENSE REQUIlZED. APPLICATION FOR AMBULANCE D RIVEPJATTENDANT LICENSE. GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF AMBULANCE SERVICE LICENSE OR DRIVER/ATTENDANT LICENSE. AMBULANCES AND EQUIPMENT. PERFOR3,IANCE ST:~NDARDS - C O MI>LL,~d~ CE - RECORDS. EMERGENCY NOTIFICATION. RESPONSE TO 911 INITIATED AID CALLS. MUTUAL AID. RATES - FILING REQUIRED. PENALTY FOR VIOLATION. 5.50.010 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. (2) "Aid call" means an)' 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 wittdn 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) mea.ns those medical services which can be performed by one who is a certffied 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 bem'~n ambulances, dispatchers, hospitals and other agencies as needed, including those with a four-band multifrequency capability. (8) "Emergency." means a situation or patient condition (i) in which either of the adm.inistration of a drag (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. (9) "Emergent' medical technician" (ENID means a person who is certified as such by the Secretary, pursuant to RCW 18.73 and regulations promulgated thereunder. (10) "Mutual aid" refers to situations in which a licensed non-emergency BLS ambulance service is required, as determined by the Fire 5-46 Department, to make ambulances and personnel available for emergency response under the City's direction. (11) "Patient" means an individual who is sick, injured, wounded or otherwise incapacitated or helpless. (12) "Person" means any individual, firm, partnership, association, corporation, company, or group of individuals acting together for a common purpose or organization of any lfind, including any governmental agency, other than the United States. (13) "Secretary" means the Secretary of the Department of Health of the' State of Washington. (Ord. 4367 (in part), 1992). 5.50.020 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 inteffacility tran-~aorts shall follow the guidelines established under RCW 18.71, Kitsap County EMS Council and Kitsap County Medical Program Director. (Ord. 4367 (in part), 1992). 5.50.030 LICENSE REQUIteD - 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 regulatory .license in addition to a business license. No person, firm, or corporation (other than the City. Fire Department) shall operate or cause to be operated emergency ALS ambulance service within the City. limits, except as provided in Section 5.50.120.' (b) An application 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 slate license number;, the length of time the ambulance has been in use and the color scheme, insignia, name, monogram or other distinguishing ctuaracteristics to be used to desig-nate applicant's ambulance. (2) The location and description of the place or places from which the ambulance sera'ice 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 forward the application to the Fire Chief for renew 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 EDIT 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 date of application of federal, state or local laws involving the custody of incapacitated persons, the custody of narcotic or controlled subslances, 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 2-4'8-17, as those chapters cm-rently exist or are hereafter amended, pertaining to emergency medical care and transportation services and ambulance rules and regulations; (6) the applicant has met all the requirements of this chapter; (7) all personnel employed by the applicant are licensed by the City. to operate the ambulances of the applicant. (Ord. 4367 (in part), 1992). 5.50.040 ENSU1L&NCE. Applicant 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: (I) comprehensive general liability, (2) automobile liability for all vehicles, and (3) professional liability.. Applicant shall provide an insurance certificate to this eff~t, naming the City of Bremerton as an additional insured prior to the issuance of a license. Such policies shall also provide for not less than thirty (30) days writ-ten 5-47 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 license issued for the ambulance service, unless a substitute insurance policy complying w/th the provisions of this section shall be provided and be in effect at or prior to the time of such cancellation or termination. (Ord. 4367 (in part), 1992). 5.50.050 AMBULANCE PERSONNEL - LICENSE REQUIRED. (a) No .person shall operate, an ambulance or attend patients unless the driver/attendant has been issued a regulatory license pursuant to the provisions of this chapter. (b) No ambulance shall be operated without at least two persons, each of whom shall be an emergency medical technician (EMT), or person licensed or certified by the State as having at least an equivalent or higher level of training, and who shall hold a valid Washington State driver's license. (Ord. 4367 (in part), 1992). 5.50.060 APPLICATION FOR AMBULANCE DRIVER/ATTENDANT LICENSE. An application for an ambulance driver or attendant license shall be verified under oath and shall contain the following information: (a) Verification of EMT certification; (b) Verification of the possession of a valid Washington state drivers license; (c) A copy of the applicant's driving record; (d) A concise history of employment; and (e) Photograph and finger prints of the applicant. (Ord. 4367 (in part), 1992). 5.50.070 GROU-NDS FOR DENIAL, SUSPENSION OR REVOCATION OF AMBULANCE SERVICE LICENSE OR DRIVER/ATTENDANT LICENSE. The conviction of an applicant for, or holder of, an ambulance driver/attendant or ambulance service license of a criminal violation of federal, state or local laws involving the custody of incapacitated persons, the custody of narcotic or controlled substances or involving the use of motor vehicles vrithin five (5) years of the date of application for said license shall be ~ounds for denial, suspension or revocation of said application or license. (Ord. 4367 (in part), 1992). 5.50.080 Aa~iB UL.4aN CES AND EQUIPMENT. (a) Ambulances shall be maintained and inspected pursuant to requirements from time to time adopted by the Secretary. All licensees shall provide the Fire Department with copies of reports of inspe~.ion 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 Fire Department shall inspect the records, equipment, and accessories of all license~s under this chapter at least twice annually. Said regula.r inspections shall take place during the months of January and Juiy. Additionally, the Fire Department shall conduct individual inspections of licensees within three days of the receipt of any complaint about the licensee. Notwithstanding the above required inspections or any other provision of this chapter, the Fire Department may, at all reasonable times, inspect the records, equipment and accessories of any licensee under tiffs chapter. (c) The license shall pay an inspection fee for each scm/annual inspection required under this chapter. Each licensee shall further 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 Bremerton Fire Department has determined the complaint to be unwarranted and without substantial merit. All inspection f~s shall be prepaid to the City Treasurer. Proof of payment must be provided before inspections commence. Any deficiencies identified during inspection shall be remedied with/n 30 days or the ambulance service license shall be subject to suspension or 5-48 revocation. (d) All ambulances and eqtfipment storage and cleamng 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 ~m~idelines established by the National Center for Disease Control. (e) Licensees 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. (f) Ambulances shall not be used without the m/n/mum equipment prescribed by the Secretary. In the event a variance fi'om said requirements is ~m'anted by the State, the licensee must obtain a similar variance from the Fire Department. (Ord. 4367 (in part), 1992). 5.50.090 PERFO R_M. ANCE STA~N'DARD S - COIVII~LIANCE - RECORDS. (a) All services performed hereunder shall be in accordance with the standards and principles of thc course of insl:ruction 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 in/t/ated 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 ma/led or otherwise delivered to the K.imp County. EMS Office on a weekly 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. (Ord. 4367 (in part), 1992). 5.50.100 EMERGENCY NOTIFICATION. In the event a call for emergency medical assistance is received by licensee or a representative thereof, the caller shall be directed to call Cencom (9-t-l) and the ambulance company representative shall also call Cencom (9-1-1). (Ord. 4367 (in par[.), 1992). 5.50.110 RESPONSE TO 911 LNITL~TED AID CALLS. (a) At each aid c~l to wh/ch a City Fire Department ambulance respond, ~c Fire Department officer in charge shall determine whether the patient is in need of advanced life support (ALS) or basic life support (BLS) serv/ces. 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 ff amiable. Provided, however, If the patient's medical interests would be best served by h-~.v~rting the patient by private ambulance, the officer 5n charge may arrange for the patient to be transported in that manner. Co) No effort shall be made by. t. he licensee to assume the custody of a patient before release of custody has been made by the Fire Department officer in charge. (c) It is urdawYul for a license, in responding by vehicle to any call requested by the Bremerton Fire Department, to use emergency lighting or siren, unless (1) responding to emergencies or trm~orting a patient in accordance ,~-ith the mutual aid provisions of th. is chapter or (2) directed to do so by Bremerton Fire Department. (d) In thc ewent there is more ttmn one licensed ambulance sera-ice 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 sb. all: (1) provide for only one company to respond to 911 initiated aid calls during any ~ven 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 ser~-ice during its rotation. In the event a schedule is not submitted, the City. 5-49 Clerk shall prepare a rotation schedule that shall control the assignment of 911 aid calls to ambulance services licensed under this chapter. (e) Each licensee under this chapter 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 (I 0) 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 licensee arrives at the scene. The licensee 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 has no ambulances available for emergency calls during its rotation, the licensee shall immediately advise the City Fire Department and Cencom of such conditions, and shall further advise that the licensee is unavailable to respond to any emergency until further notification. A violation of this ~ubsection shall be considered a criminal misdemeanor. (Ord. 4367 (in part), 1992). 5.50.120 MUTUAL AID. (a) The licensee shall cooperate with any request by the Bremerton Fire Department for mutual aid assistance within K.itsap County. (b) Licensee 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. (Ord. 4367 (in part), 1992). 5.50.130 RATES - FILING REQUIRED. Each ambulance service licensed under this chapter shall, immediately upon the issuance of a license, file with the City Clerk its schedule of rates to be charged for its services, for the duration of the calendar year in which the license is issued. Thereafter, each ambulance service licensed under this chapter shall armually file ~v-ith the City. Clerk a schedule of rates to be charged for its services. The annual rate schedule shall be filed on or before the first day of December of the year preceding the year for which the schedule is to be in effect. The schedule of rates shall be a matter of public record open to public inspection in the office of the City Clerk during normal business hours. Each licensee shall adhere to its schedule throughout the calendar year for which that schedule has been filed. Rates for 911 initiated calls shall be subject to the review and approval of City Council. The City Clerk shall present a regional comparative rate survey for Council consideration in approving 911 rates. (Ord. 4367 (in part), 1992). 5.50.140 PENALTY FOR VIOLATION. Any person violating a provision of this chapter shall be guilty of an infraction unless otherwise provided herein. (Ord. 4367 (in part), 1992). 5-50