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HomeMy WebLinkAbout05/23/01 AGENDA CITY COUNCIL MEETING AGENDA MAY 23, 2001 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Budget Adjustment No. 2001-9 for Equipment Rental Fund 510 (#AB01-,,J~ 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. COUNCIL COMMITTEE REPORTS 7. MAYOR'S REPORT 8. LEGISLATIVE REPORT 9. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 10. NEW BUSINESS A. Inter-Local Agreement between Kitsap Urban County and the City of Bremerton to Form a HOME Consortium (#AB01-109) B.Shelter PLUS Care Program Renewal (#AB01-110) C.-C~ni.,~c[ roi' L~gai Serviu~'¢;~th LANE POWELL-SFEARS LUBERSKY LLP D. Bid Award Recommendation for Gorst Creek Stream Restoration Project (#AB01-112) E.Collective Bargaining Agreement between the City and the Bremerton Police Officer's Guild; and Budget Adjustment No. 2001-10 (#AB01-113) 11. A. Emergency Ordinance No. 4763, Declaring an Emergency; Approving Purchase of Replacement Electrical Control System for Wastewater Pump Station CW-1; and Waiving Bid Procedures (#AB01-114) 12. ADJOURNMENT OF MEETING COUNCIL WILL RECONVENE IN THE COUNCIL CONFERENCE ROOM FOR A STUDY SESSION TO DISCUSS "COMPUTER HARDWARE & SOFTWARE ACOUISITION"... BREMERTON CITY COUNCIL 1. SUBJECT: Budget Adjustment to FOR AGENDA OF: 5-16-01 Equipment Rental Fund 510 ORIGINATING DEPT: PWO Street Division ORIGINATOR: Robert E Tulp DATE SUBMITTED: , 5-11-01 2. CLEARANCES: (Comment on..b~ack~fne?enJsary) 3. EXHIBITS: Director PW&U Manager, PW & U ~City Attorney City Treasurer Purchasing Manager Operations Committee Fiscal & Budget Comm. ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Staff recommends budget adjustment in the amount of $28,000.00 which is necessary to provide funding to replace 4 aging, defective traffic signal control cabinets for the Electronics Division of Public Works & Utilities Department. 8. RECOMMENDATION: 1) Approve budget adjustment No. 'ZOO! ~ in Fund 510 for $28,000.00 9. RESPONSIBLE OFFICIAL: Director, Public Works/Utilities ENFORCEMENT OFFICIAL: Manager, Public Works Operations EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE: ~, A 11. AGENDA BILL NO: 0 ~ - ! ~ 2. CLEARANCE COMMENTS: New Technology will give us the ability to do more and make the traffic system more reliable. 4. SUMMARY STATEMIgNT (CONT.): 5. IMPACT ON NON-PASSAGE: Continue to work overtime hours for callouts to correct failures, on-going frustration with the motoring public. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: none 7. RESEARCH SOURCES See attached contract prices. CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: EQUIPMENT RENTAL for Adjustment Number: 2001 #9 STREET FUND Approval Authority Required: r-]Treasurer r-]Mayor [-- Fiscal & Budget [~Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Reduce: Increase: Ending Cash 28,000 Capital - Traffic Signal Controllers 28,000 NARRATIVE: This adjustment will provide expenditure authority to purchase four traffic signal controllers using money held in the Equipment Rental Fund for the benefit of the Street Fund. It is anticipated that the controllers will be included in the equipment rental program so that monies for their replacement will be accumulated over their useful life. Department Head Signature Date Director Signature Date Treasurer Comments: Treasurer's Mayor Comments: ~ Recommended ~ Not Recommended Ma re Date Fiscal & Budget Committee Comments: Approved ~ Denied Fiscal & Budget Committee Signature Date 3 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: May 23, 2001 Interlocal Cooperation Agreement ORIGINATING DEPT.: DECD Between Kitsap Urban County and the ORIGINATOR: Deborah Pearler-Stewart City to Form a HOME Consortium DATE SUBMITTED: May 8, 2001 2. CLEARANCES: 3. EXHIBITS: 2002-2004 Interlocal Agreement, Exhibit 1 ~,~City Attomey ~'2~]~'~/~ . . Operations Committee dJ~_~'~ ~a~-:/ x 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION~ The City of Bremerton entered into an Interlocal Cooperation Agreement with Kitsap County in 1999 to form a HOME consortium under the National Affordable Housing Act. The Agreement expires on lanuary 31,2001. The Department of Housing and Urban Development (HUD) provides funds under the HOME program to expand the supply of safe, sanitary and affordable housing for low income persons. HUD determines the amount that may be allocated to Sta~es and local government based on a formula that considers the vacancy rate, condition and age of housing, and number of persons in poverty. Not all localities directly receive funds. In fiscal years in which Congress appropriates 1.5 billion of HOME funds or more, a local government must meet a threshold of at least $750,000 to receive direct fimding. Those that don't meet the threshold may apply for funding for projects to the State or form consortiums with other entities. By forming a consortium with Kitsap County, we will increase the probability of receiving a direct HOME allocation. The HOME Consortium agreement is structured, as it was during previous years, to set aside 45.4% of the total Consortium funds to the City with 5% of the fi~nds being available to the County for administration. The Kitsap County HOME Consortium received $1,068,000 in 2001, the City of Bremerton received a set aside of $484,872 ofthos~ funds. 8. RECOMMENDATION: I move we authorize the Mayor to sign the Interlocal Agreement for the HOME program years 2002-2004. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AME COUNCIL DIRECTIVE: AGENDA BILL NO INTERLOCAL COOPERATION AGREEMENT BETWEEN KITSAP URBAN COUNTY AND THE CITY OF BREMERTON TO FORM A HOME CONSORTIUM UNDER THE NATIONAL AFFORDABLE HOUSING ACT PROGRAM YEARS 2002-2004 This agreement is entered into between the City of Bremerton, (hereinafter the "City"), a Washington Municipal Corporation, and Kitsap Urban County (hereinafter the "County"), pursuant to the Inteflocal Cooperation Act, chapter 39.34 RCW. Kitsap County Urban County includes Kitsap County, and the cities of Bainbridge Island, Port Orchard and Poulsbo, all Washington Municipal Corporations, pursuant to a separate interlocal agreement among those entities. This agreement will become effective upon adoption by the parties and will continue until terminated as provided herein. I. RECITALS A. WHEREAS, the Congress of the United States of America has enacted the National Affordable Housing Act, HOME Investments in Affordable Housing Program, 42 U.S.C. Sec. 12721 (hereinafter the Act) as implemented by the U S Department of Housing and Urban Development (hereinafter "HUD") in 24 CFR Part 92, allowing units of general local govemment to enter into mutual cooperation agreements to form a consortium for the purpose of obtaining funding as a participating jurisdiction under the HOME Investment Partnership Program (HOME Program); and B. WHEREAS, the purpose of the HOME program per 24 CFR Section 92.1 is to strengthen public- private partnerships through the allocation of funds among eligible state and local governments and to expand the supply of decent, safe, sanitary, and affordable housing for low and very low income Americans. C. WHEREAS, it is found that the above listed objectives are pertinent to the concerns and needs of the COUNTY and of the CITY; and D. WHEREAS, eligibility for HOME Investment Partnership funds is based upon criteria similar to the criteria for eligibility for Urban County designation for CDBG funds: and E. WHEREAS, Kitsap County and the Cities of Bainbridge Island, Port Orchard and Poulsbo have requested Urban County status under the CDBG Program and the City of Bremerton qualifies as a separate entitlement under the CDBG program; and F. WHEREAS, Kitsap County and the Cities of Bainbridge Island, Port Orchard and Poulsbo have entered into a separate Intedocal Agreement forming a consortium under the Home Program, which agreement designates Kitsap County as the representative member to administer the Urban County's HOME and CDBG programs; and G. WHEREAS, COUNTY shall administer the HOME program as well as the Urban County CDBG program and the CITY will administer its own CDBG program. Both of these programs will be included in the County Consortium Consolidated Plan; and H. WHEREAS, the COUNTY agrees to delegate to the Kitsap Regional Coordinating Council (hereinafter referred to as "KRCC") decision making authority as defined herein regarding the Consolidated Plan, as the KRCC was established to have regional oversight, representation and authority on certain issues affecting all of Kitsap County; and I. WHEREAS, the signatory political subdivisions to this agreement have determined that obtaining funding under the HOME Program will increase their ability to provide affordable housing for their low and moderate income residents, and J. WHEREAS, the Department of Housing and Urban Development has specified the minimum provisions which must be included within any intergovernmental a~eement for the cooperatin8 governmental bodies to qualify for Urban County eligibility. NOW, THEREFORE, in consideration of the mutual promises made herein and the mutual benefits received hereunder, the parties agree as follows: Il. DEFINITIONS A. "Member" means a unit of local government which is a signatory to this agreement and therefore of the consortium for the purpose of carrying out eligible activities under 24 CFR Part 92. B. "Representative member" means the unit of local government designated hereafter as the one member to act in a representative capacity for all members for the purpose of this agreement ("lead entity"). The Representative Member will assume overall responsibility for ensuring that the consortium's HOME Program is carried out in compliance with the requirements of 24 CFR Part 91 and 92, the housing objectives of the CITY and COUNTY as adopted in the Consolidated Plan, and will assume responsibility for the requirements concerning the Consolidated Plan. III. ACTIVITIES A. The signatory parties agree to cooperate in undertaking, or assist in undertaking, housing assistance activities for the HOME Investment Partnership Program in compliance with the Consolidated Plan. B. The signatory parties agree to jointly pursue and identify match requirements. C. The signatory parties agree to take affirmative action to further fair housing in their jurisdictions. Such actions may include planning, education and outreach, and enforcement components. IV. ADMINISTRATION A. COUNTY will be designated as the Representative Member and agrees to carry out such overall responsibilities with the cooperation of the CITY in accordance with 24 CFR 92.101 as set forth herein B. COUNTY will administer both the Urban County's Commumty Development Block Grant Program and HOME Investment Partnership Program. The CITY will admimster its Community Development Block Grant Program separately. C. COUNTY, as the Representative Membor, shall manage the entire HOME allocation on behalf of the consortium, as set forth herein. D. COUNTY agrees to carry out ehgible activities in accordance with and to generally follow the requirements of 24 CFR Part 92. E CITY is responsible for submitting in a timely manner to the Representative Member all information necessary for participation in the consortium as defined in 24 CFR Part 92. This includes all information necessary for the Consolidated Plan, the HOME program description and certifications (24 CFR 92.150), and performance reports. The Consolidated Plan Annual Performance Report, HOME Annual Performance Report, and the Annual Consolidated Plan information shall be provided to the COUNTY by the dates specified by the COUNTY. F. KRCC shall have decision making authority over areas specific to the Urban County's CDBG Program as well as its portion of the HOME allocation. The COUNTY, as admimstrative agency for the HOME Program and the Urban County's CDBG Program, will be responsible for providing staff support to KRCC in relation to these programs. The CITY shall have decision-making authority over areas specific to its CDBG entitlement as well as its portion of the HOME allocation. G. The COUNTY is responsible for submitting the Consolidated Plan to the Department of Housing and Urban Development. Development of the Consolidated Plan will require the participation of citizens and organizations as well as input from the CITY. The CITY will provide specific information concerning its housing and non-housing activities as well as its action plan relating to HOME and CDBG activities to the COUNTY to be included in the Consolidated Plan. H. The COUNTY agrees to adopt and implement the HOME projects as approved by the KRCC and the CITY provided such projects are consistent with the HOME Program requirements as set forth in the applicable Code of Federal Regulations. I. Funds received by the Kitsap County HOME Consortium will be allocated between the COUNTY and the CITY based on a proration of the 2001 HOME allocation, or on the actual federal allocation for that year, if it is available. (For example, if the CITY's 2001 allocation is $486,234 and the COUNTY's 2001 allocation is, $584,766 the proration would be CITY 45.4% of total and COUNTY 54.6% of total unless the actual federal allocation for that year were available). Provided, however, that if the federal allocation is reduced due solely to one Party's program activities, the Party that caused the reduction in funds shall have its allocation reduced accordingly. 1. CITY agrees to set aside up to 5% of CITY's allocation for reimbursement to COUNTY of COUNTY's actual costs for administration of the CITY's portion of the HOME Program. 2. CITY will retain and control program income generated from its HOME proration to utilize for HOME projects m accordance with applicable federal regulations. V. TERM OF THIS AGREEMENT This agreement shall remain in full force and effect from the date of execution and approval by HUD for the period necessary to carry out all activities that will be funded for three federal fiscal years: 2002, 2003 and 2004. The consortium members are required to remain in the consortium and cannot terminate or withdraw during the entire period. The program year start date for the Urban County and the City ofBremerton CDBG programs as well as the HOME consortium HOME program is January 1, 2002, concluding December 31, 2004. DATED this day of ,2001. CITY OF BREMERTON KITSAP COUNTY BOARD OF COMMISSIONERS, as Representative Member of Urban County Consortium Lynn Horton, Mayor Chris Endresen, Chair Approves As To Form: Tim Botkin, Commissioner City Attorney Jan Angel, Commissioner ATTEST: ATTEST: Kathy McClusky, City Clerk Holly Anderson, Clerk Kitsap County 6/4/99 4 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: May 23,2001 ORIGINATING DEPT.: Dept. of Economic Development Shelter Plus Care ORIGINATOR: Deborah Peavler-Stewart DATE SUBMITTED: May 10, 2001 2. CLEARANCES: 3. EXHIBITS: ~vP Exhibit 1-Sheltor Plus Care '~'g ~f-FiscalandBudg~~ommittee~, ~~.~I~ City Attorney Operations ~e:~.~.~_.~ ~ ENDORSEMENT ~--~-INFORMATION__APPROVED BY COUNCIL PRESIDENT FOR SUBMIT/AL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNC~ACTION: The City of Bremerton received a $596,400 grant in January of 1995 from the Department of Housing and Urban Development (HUD) under the Shelter Plus Care Program to provide a continuum of alcohol/drug free housing for people who are recovering from chemical/alcohol addiction. The non- profit organization, AGAPE is the sponsor of the program. The Program has three components. One component, the project based assistance is a 10 year program and will continue until 2006. However AGAPE is increasing the number of beds available and plans to request additional funds from HUD Two other components, the sponsor and tenant based programs, originally were funded for 5 years and expired in 2000, they were renewed for 2001 and now must be renewed annually. Applications for renewal of the Shelter Plus Care Programs are being accepted by HUD this month. The Department of Economic Development requests authorization to submit applications for the program. 8. RECOMMENDATION: I move we authorize the Mayor to execute applications requesting renewal of the sponsor and tenant based programs and additional funds for the project based program. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED APPROVED DISAPPRO~D ~N]D CO~C~ DI~CT~: AGENDA BILL NO 0 [ - ~ t 0 q 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The application will not be submitted to HUD and the Sponsor and Tenant Based components of the program will be discontinued. Additional bedrooms will not be available in the Project Based component. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: None-existing program 7. RESEARCH SOURCES: EXHIBIT 1 Shelter Plus Care The City of Bremerton received a $596,400 grant in January of 1995 from the Department of Housing and Urban Development under the Shelter Plus Care Program to provide a continuum of alcohol/drug free housing for people who are recovering from chemical/aleohol addiction. The non-profit organization, AGAPE is the sponsor and primary provider of the program. This very successful program has three components that span an approximate 2 year period: · Project Based Assistance where individuals and families live in a group setting until they are stabilized. · Sponsor Based Assistance- the family or individual moves into an apartment or home in the community. AGAPE selects the unit and signs the lease with the landlord · Tenant Based Assistance-the family or individual moves to an apartment or home that they select, they are responsible for the lease. The Project Based assistance is a 10 year program and will continue until 2006. The two houses where assistance is provided have recently been rehabilitated to allow for additional beds. AGAPE is requesting that an application requesting additional funds be submitted to HUD. The Sponsor and Tenant Based Programs originally were 5 year programs and expired in 2000, they were renewed in 2001 ($36,000 for tenant based and $72,900 for sponsor based) and now must be renewed annually. Applications for renewal of the two programs are being accepted by HUD this month. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Contract for Legal FOR AGENDA OF: May 23, 2001 Services Lane Powell Spears ORIGINATING DEPT: Admin. Service~j Lubersky LLP regarding ORIGINATOR: Paula Johnston~ Burlington tax case DATE SUBMITTED: May 16, 2001 ~/' 2. CLEARANCES: (comment on back 3. EXHIBITS: if necessary) Contract Admin. Svcs. Asst. City Attorney Fiscal/Budget Operations ~J~d_. ~ ENDORSEMENTik INFQRMATION APPROVED BY COUNCIL PREStDE?qT FOR SUBMITTAL: MAYOR ' ~ COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCI~/K~IO~: The City of Bremerton has been in litigation with Burlington Environmental, Inc. regarding a Business/Occupation Tax dispute for utility taxes owed from 1996 through 2000. Burlington was prime contractor at PaNS for hazardous waste collection during this time frame, generating about $6 million over the last four years. We were successful in having this case remanded back to the City for proper administrative review. Our attorney, Steve Reich, has withdrawn from this case. Ada Ko, of Lane Powell Spears Lubersky, is a skilled tax attorney who represented the City of Seattle for nine years in Business/Occupation Tax litigation before joining Lane Powell. Staff recommends that Ms. Ko be retained as counsel to bring this tax case to a successful conclusion. 8. RECOMMENDATION: Move to approve professional services agreement with Lane Powell Spears Lubersky LLP as retained counsel representing the City in Burlinqton Environmental Inc v. City of Bremerton and authorize the Mayor to execute same. 9. RESPONSIBLE OFFICIAL: Admin. Services ENFORCEMENT OFFICIAL: Admin. Services EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVE~_~~ED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: O --I l ( 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: City will lack expert legal representation in material tax litigation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Contract not to exceed $30,000. 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT LANE POWELL SPEARS LUBERSKY LLP The City of Bremerton ("City") and Lane Powell Spears Lubersky, LLP ("Retained Counsel"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Retained Counsel will represent the City of Bremerton in Burlington Environmental Inc. v. City ofBremerton, Kitsap County Superior Court No. 97-2-02152-1, as set forth in the Engagement Letter attached hereto as Exhibit A and incorporated herein by reference. II. Term: This Agreement commences on ,2001 and terminates on April 30, 2002 unless another date is substituted pursuant to Sections VI D or VIII. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel in a total amount not to exceed Thirty Thousand Dollars ($30,000). Retained Counsel's charges and bills shall conform to the engagement letter and fee schedule attached as Exhibit A and incorporated herein by reference. IV. Relationship of Parties: Retained Counsel is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Retained Counsel and its personnel are independent contractors and not employees of the City. Retained Counsel and its personnel have no authority to bind the City or to control the City's employees and other contractors. As an independent contractor, Retained Counsel 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 Retained Counsel or its personnel. As an independent contractor, Retained Counsel 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 may withhold the delinquent amount, plus any additional charges arising from the delinquency, form any payments due Retained Counsel. V. Insurance and Hold Harmless: Prior to the commencement date of this Agreement, Retained Counsel shall provide a Certificate of Insurance to the City's Risk Manager verifying the following coverage: a professional liability policy ("E&O) providing coverage of $500,000 for errors and omissions committed by Retained Counsel while performing its obligations under this Agreement. Said policy shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written notice of any cancellation or change of coverage of the policy. Bremerton/Lane Powell Spears Lubersky, LLP Professional Services Agreement Page 1 of 3 Retained Counsel shall be solely responsible for the acts and failures to act of its personnel that arise in any way out of performance of this Agreement. Retained Counsel agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Retained Counsel, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Retained Counsel have specifically negotiated Retained Counsel's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Retained Counsel's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. VI. General Conditions: A. Reports and Information: When requested by the City, Retained Counsel shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: City of Bremerton Ada Ko Mayor Lynn Horton Lane Powell Spears Lubersky, LLP 239 Fourth Street 1420 Fifth Avenue, Suite 4100 Bremerton, WA 98337 Seattle, WA 98101-2338 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. Compliance with Laws: Retained Counsel shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement including obtaining a Bremerton Business License pursuant to Bremerton Municipal Code. H. 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 Bremerton/Lane Powell Spears Lubersky, LLP Professional Services Agreement Page 2 of 3 I. Attomeys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VII. Nondiscrimination: Retained Counsel 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. VIII. Termination: This Agreement may be terminated, at will, by either Party upon thirty (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 (5) days of the terminating Party's sending notice to the non-performing Party. Upon termination the City will be entitled to reports showing the status and/or all work products, independent of their stage of completion or preparation format, of all items listed in the Scope of Work current through the termination date. LANE POWELL SPEARS LUBERSKY LLP Ada Ko Date CITY OF BREMERTON Lyrm S. Horton, Mayor Date Approved as to form: David B. St. Pierre Assistant City Attomey Received for Filing: Kathleen McCluskey, City Clerk Bremerton/Lane Powell Spears Lubersky, LLP Professional Services Agreement Page 3 of 3 POWELL LtmERS~ LLP ' '" ' EXHIBIT A May 1, 2001 Law Offices Ms. Kathy McCluskey Director of Administrative Services A Limited Liability City of Bremerton Partnership 239 Fourth Street Including Professional Bremerton, WA 98337 Corpora tions Re: Engagement of Legal Services 1420 Fifth Ave. Suite 4100 Seattle, WA Dear Ms. McCluskey: 98101-2338 (206; ~_23.7ooo We are pleased that you have requested this firm to provide legal services to the City of Bremerton in connection with Burlington Environmental Inc. vs. City of Bremerton, No. 97- Facsimile: (206) 223-7107 2-02152-1, filed in Kitsap County Superior Court. It is our practice with clients to advise them in writing of our fee arrangements and we would like to outline the terms of our Website: ~anepow~.com engagement at this time. Services To Be Rendered The initial scope of our legal work is to assist the City of Bremerton regarding the business and occupation tax audit of Burlington Environmental Inc. We will be providing only those legal services for which we are being retained or which we otherwise expressly undertake on your instructions. The legal services we do provide will be on the terms and conditions set out in this letter. The scope of our engagement may change if you ask us to provide different or additional services, such as representation of the City of Bremerton in any administrative or judicial forum regarding the tax audit of Burlington Environmental Inc. If our engagement changes, the terms set out in this letter will apply to the expanded engagement, unless we enter into a further agreement modifying or superseding this one. We will proceed to act on instructions received either from you or from such other person as you may instruct us. Anchorage. AK Mount Vernon, WA Olympia. W,4 Porthmd, OR Seattle. WA London, England Ms. Kathy McCluskey May 1, 2001 Page 2 Staffing We are committed to providing high-quality legal services on an efficient and cost-effective basis. I will be the attorney responsible for overall supervision of the legal services provided to the City of Bremerton in the above referenced matter. My direct dial office is 206-223-7716. You or your staff should never hesitate to contact us, and we will endeavor to be available to you as often as you require. In order to reduce the amount of fees and expenses as much as possible, research and other matters regarding your file or matters may be assigned to others in the firm. It is our policy to assign and delegate responsibilities based upon the degree of experience and expertise required for particular tasks. Other firm personnel working on your legal matters may be partners, counsels to the firm, associates, paralegals, legal assistants, or staff; it is our goal to provide high quality legal services at a fair and reasonable cost to our clients. As work on your file progresses, please feel free to contact them, as well as the undersigned, in regard to any questions you may have. Agreement As To Fees Current hourly rates charged by our attorneys for the type of work you have requested range from $195 to $375 per hour. The rate charged for a paralegal or legal assistant is $115 to $145 per hour. Our fees are not contingent upon any aspects of the matters we are handling and we give no assurances regarding the outcome. As compensation for our services on your behalf, legal fees will be billed to you at my hourly rate of $245 and a blended hourly rate of $265 for partners and counsels to the firm, $175 for associates, and $125 for paralegals, for each hour (or fraction) actually worked on your behalf. For the initial scope of our legal work, we estimate that the fees will not exceed Thirty Thousand and No/100 Dollars ($30,000). As you can appreciate, it is difficult to accurately estimate the effort that will be needed at this stage in our representation. Should there be a change in the extent or type of work required to complete this project, or should you request that additional work be done, you can expect additional fees to be charged. We will discuss with you these matters on an ongoing basis and will not exceed $30,000 without your prior written consent. Ms. Kathy McCluskey May 1, 2001 Page 3 Disbursements In addition to our accounts for professional fees, you will be responsible to pay for disbursements and certain other expenses incurred as a result of our engagement. The type of costs you will be responsible for are long distance telephone charges, telex charges, business-class travel and accommodation expenses, photocopying at the rate of 13 cents per copy, facsimiles at the rate of 13 cents per page plus the cost of the long distance calls, telecopying, transcripts, necessary staff overtime, special postage, delivery services, filing fees paid to government agencies and the fees and disbursements of agents retained by us for searches, registrations and other similar services. If we engage a law firm in another district or jurisdiction or other professional firm or company to act as our agent on your behalf, their fees and disbursements charged .to us will also be for your account and will be billed by us as disbursements. Travel time and expenses will be prorated when possible when the trip includes work for more than one client. Ordinarily we will not pay for substantial disbursements and will either request payment from you in advance or pass them on for direct payment by you. Payment of Accounts As a general practice, we will render our statements of account monthly. All our statements to you are due and payable on receipt. If a statement is not paid within 60 days of the date of the statement, interest on the unpaid balance will be added at the rate of 1.0 percent per month from the date of the statement until paid. We reserve the right to suspend work for you and retain possession of documents and files in the event accounts are not paid currently. We may refer past due accounts for collection in which case we will be entitled to any collection costs including any reasonable legal fees for litigation or arbitration, including any appeal thereof, to which the prevailing party shall be entitled as determined by a court or arbitrator. Trust Funds In the course of our acting for you, we may receive funds to be held in our trust account for you. Under the Interest on Lawyers Trust Accounts (IOLTA) program adopted by the Washington State Supreme Court, trust funds will not earn interest payable to you unless you give us your written instructions to deposit such trust funds in an interest-bearing Ms. Kathy McCluskey May 1, 2001 Page 4 account and unless the amount held in trust is sufficient for financial institutions to accept the funds on a term deposit basis. Responsibilities of Attorney and Client We will provide strictly legal services to you in connection with this engagement. The City of Bremerton is not relying on us for, and we are not providing, any business, investment, insurance or accounting decisions or any other investigation of the character or credit of persons with whom you may be dealing. In addition, unless specifically agreed otherwise in writing, we will not provide any advice related to insurance coverage issues and suggest that you check with your insurance carrier in order to check whether you may have coverage for any liability related to this matter. When requested by the Mayor or Director of Administrative Services, we shall furnish periodic reports and documents on matters covered by this engagement letter. The reports and documents shall be furnished in the time and form requested. In order for us to assist you effectively and efficiently, we expect that you will provide us with the factual information you have which relates to the subject matter of our engagement, that you will make any appropriate business or technical decisions. In addition, we encourage you to share with us at all times your expectations and any concerns regarding our services at any time during the course of our representation. We believe that you should be actively involved in the strategy and management of your legal affairs and our goal is to encourage candid and frequent communication between us. We will keep you informed of developments regarding your matters and we will consult with you as necessary to insure the timely, effective and efficient completion of our work. After our representation is concluded, you may request return of your files. If you do not wish your files returned and wish the firm to retain them for you, we may charge you for the cost of continued storage. We will retain your files for three years following the conclusion of our representation. At that time, we will communicate with you to determine your preference for their disposition. If after reasonable efforts we are unable to locate you, we will destroy the files. Ms. Kathy McCluskey May 1, 2001 Page 5 Virus Protection During the course of our engagement, we may exchange electronic versions of documents and emails with you using commercially available software. Unfortunately, the technology community is occasionally victimized by the dissemination of viruses, or similar destructive electronic programs. We take the issues raised by these viruses seriously and have invested in document and email scanning software that identifies and rejects files containing known viruses. We update our system with the software vendor's most current releases at regular intervals. Because protection against viruses is generally one or two steps behind new viruses, we cannot guarantee that our communications and documents will always be virus free. Although we believe our virus protection resources are excellent, we can make no warranty that our documents will be virus free at all times. Cessation of Legal Services At all times you shall have the right, with or without cause, to terminate our services upon written notice to that effect. Subject to the fulfillment of our obligations to maintain proper standards of professional conduct, we reserve the right to terminate our services at any time with or without cause and we shall withdraw in the following circumstances: a. If you fail to cooperate with us in any reasonable request; b. If our continuing to act on your behalf would be unethical or impractical; c. If you fail to pay our statements of account when rendered. If our services are terminated by you or by us, you will be responsible for our fees and disbursements to the date of termination. In the event of termination, we will ensure that you have a reasonable opportunity to obtain other counsel, and will furnish said counsel, upon request, with a copy of relevant file documents in order to ensure an orderly transfer of the representation. Ms. Kathy McCluskey May 1, 2001 Page 6 We request that you review this letter carefully and, if it is consistent with your understanding of our respective responsibilities, please return a signed copy to me at your earliest convenience. Ms. McCluskcy, if you have any questions about our fee arrangements, please do not hesitate to contact us. Please confirm the City of Bremerton's agreement to these matters by signing a copy of this letter and returning it to us in the enclosed envelope. Very truly yours, LANE POWELL SPEARS LUBERSKY LLP Ada Ko AK:ak 811'/50.1 In cagsideration of Lane Powell'e~ears Lubersky LLP's accepting the engagement described in this~tter,____ the City of Breme~m,,agrees to pay all fees ~'~il,xdisbursements incurred, together i~i~h interest as herein stated bfkamounts which are not pa~within 60 days of the Sat 'e °f billin~xN~ ~ ~~,~ (Date) City of Bremerton (Authorized Signature) AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: May 23, 2001 ORIGINATING DEPT: Public WorksdUtil. Bid Award Recommendation: Contract for ORIGINATOR: Forestry Manager Gorst Creek Stream Restoration Project DATE SUBMITTED: May 10, 2001 2. CLEARANCES (comment on back, if n~ry): 3, EXItIBIT~: Director PW&U __ _o~~//ff~~'~ A) Bid Submittal Assistant City Attorney ~i2},d, 12~?g~'''''''~'~, . . B) Bid Tabulation City Treasurer ' ~;::~5:~.. Purchasing Manager ~~~ - Operations Committee Fiscal & Budget Committee ENDORSEMENT ~ INFORMATION APPROVED BY COUNCIL PRESIDENT. OR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Call for bids for the above project was prepared, advertised, distributed and received in accordance with City bid procedures. Bidders were pre-qualified for in-stream work. Seven bids were received. This contract provides for construction of a new functional stream channel with backwaters, partial demolition and filling of the existing concrete channel, and diversion of stream flow into the new channel in accordance with contract specifications, hydraulic permit requirements, and bid schedule items 1 through 5. Grade, Inc. is the lowest responsible bidder with a bid of $323,503.93 including sales tax. (over) 8. RECOMMENDATION Motion to accept bid in the amount of $323,503.93 for bid schedule items 1 through 5 and authorize the Mayor to execute contract for Gorst Creek stream restoration with Grade, Inc. 9. RESPONSH~LE OFFICIAL: Public Works/Util. Director ENFORCEMENT OFFICIAL: Forestry Manager EXPIRATION DATE: September 30, 2001 REVIEW DATE: PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: 11. AGENDA BILL 1 BID SCHEDULE - LUMP SUM Schedule of prices for construction of the Gorst Creek Stream Restoration Project in accordance with the Contract Documents. All Bid Schedule items must be completed by the Bidder. Failure to do so will render the bid non-responsive and will cause its rejection. Item Description 1. Materials, equipment, and services for the construction of the Gorst Creek Stream Restoration Project, complete and in place in accordance with the Contract Documents. The WORK to be completed under this contract consists of construction of new stream channel, plus related demo-work, site-work, hauling, disposal, and structural, mechanical and other WORK, as identified and described in the Contract Documents. For the Lump Sum of $ ~--~. ~//.~'~ ~, (~ -~"~J~)-'~'.-"~' ~'~'Z~.. /")' (~rice in_ Fi,flu.res)- ~:'..] . -- - -(Price ,~/Wo~ds) For the Lump Sum of $ '~, ' (Price in Figures) BID FORMS GORST CREEK STREAM RESTORATION PROJECT PAGE 00300-12 2. Provide Trench Excavation Safety Systems to meet the requirements of Chapter 49.17 RCW in performing the WORK. For the Lump Sum of $ /, (Price in Words) 3. TOTAL BID PRICE (Items No. I and 2), exclusive of Washington State Sales Tax. For the Lump Sum of $ '2_.~",~, / (Price in Figures) 4. Total Estimate of Sales Tax (@ 8.2% of Item No. 3). For the Lump Sum of $ (Price in Figures) 5. Bid Price with Sales Tax (Sum of Items No. 3 and 4), including Washington State Sales Tax. / (Price in Figures) BID FORMS GORST CREEK STREAM RESTORATION PROJECT PAGE 00300-13 CITY OF BREMERTON BID TABULATION BID TITLE: G""oI2,5'T .~-EE..K ~-~ I~..~&~TtO/,J OPENED BY "'~IL-L. EL.Eh DATE OPENED: 5 1 '4 1o I TIME OPENED: "~;-~0~?'; ' RECORDED BY '~..t.LL_ E LL~ ............ _ , BIDDER nEC'D ITEM 1 ITEM 2 'iTEM 3 ITEM 4 ITEM 5 NET BID ]'AX TOTAL ,-, , ..... : ~,..o~ ~"~T ... ,,/ ?~.,~,.5o0,o<: .soo. oo~ .". ~,,,,, :',"'. ,.,, ~, , ~ , , .,,;,, I,. I,j~, '5~5~3.'~& .. .,. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: May 23, 2001 Collective Bargaining Agreement between the City ORIGINATING DEPT: Human Resources And the Bremerton Police Officer's Guild (BPOG). ORIGINATOR: Carol Conley a .d So e+ Ad,)$s-i- ued o?o'ol-/o. DATESUBMITTED: Mayll, 2001 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Chief °f P°lice: ~_~~. ,_ ~7~ _ Proposed Collective Bargaining Agreement Asst. City Atto~ey: .~_ ,~,'~'~....._..~ . Ci~ Treasurer: f~- ~~.o E~ORSEME~T~ I~O~AtION [ ] ~PROVED BY CO~CIL P~SIDENT FOR S~MJTTAL: 4. SUMMARY STATEMENT ~D ~QUI~MENT FOR COUNCIL ACTION: Pursuit to RCW 41.56, negotiations have concluded between representatives of the City ~d the BPOG resulting in the attached Collective Bargaining Agreement (CBA). These negotiations have been discussed with Council in Executive Session. T~s CBA replaces the cu=ent one that expired on December 31, 2000. The new CBA's is for a ~o (2) year te~, begi~ing J~u~ 1, 2001 t~ough December 31, 2002. It has been ratified by ~e BPOG's members~p on May 10, 2001. Council approval is required to implement this a~eement, and a budget amen~ent will be necess~ to ~nd this a~eement in 8. RECOMMENDATION: Motion to approve the Collective Bargaining Agreement by and between the City and the Bremerton Police Officer's Guild, January 1,2001 through December 2002, and make the necessary amen&~aom, s-lo4~budget. 9. RESPONSIBLE OFFICIAL: Carol l~e~.,.~ ENFORCEMENT OFFICIAL: Carol EXPIRATION DATE: 12/31/ REVIEW DATE: 07/01/ 10. NOTICE OF ACTION: PULLED [ ] TABLED [ ] APPROVED [ ] DISAPPROVED[ ] AMENDED [ ] DATE: COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: (OVER) 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Failure of the Council to ratify this CBA and provide funding would result in declaration of impasse and binding interest arbitration. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The cost of these changes will be approximately $/~-~ ~.O Sufficient funds are available in the 2001/2002 budget to cover the cost of implementing this agreement. 7. RESEARCH SOURCES: LABOR AGREEMENT BY AND BETWEEN THE CITY Of BREMERTON AND BREMERTON POLICE OFFICERS GUILD JANUARY 1, 20010 THROUGH DECEMBER 31, 20020 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the Bremerton Police Officers Guild hereinafter known as the "Guild" for the purpose of setting forth the wages, hours and working conditions which shall be in effect during the term of this Agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE I DISCRIMINATION ALLEGATIONS 1.1 An employee who believes that he or she has been the subject of unlawful discrimination on the basis of political affiliation, age, sex, marital status, race, creed, color, religion, national origin or activity protected by RCW 41.56 shall seek relief through the appropriate local, state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. ARTICLE 2 RECOGNITION 2.1 The City r~cognizes the Guild as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and working conditions for the bargaining unit described in the State of Washington Public Relations Commission Decision No. 2371- PECB dated the 10th day of January, 1986 as: "All full-time and regular part-time uniformed employees holding the rank of sergeant or below in the Bremerton Police Department; excluding all confidential or supervisory and other employees of the employer." ARTICLE 3 GUILD DUES 3.1 DUES DEDUCTIONS: The City will deduct monthly Guild dues and initiation fees uniformly required of membership from the pay of those employees who provide written authorization to the City to make such deductions. The City will transmit the total amount of deductions to the Treasurer of the Guild. 3.2 MAINTENANCE OF MEMBERSHIP: An employee who is a member of the Guild upon the date of the signing of this Agreement and an employee who joins the Guild subsequent to the date of the signing of this Agreement shall maintain membership in good standing with the Guild through the payment of periodic dues assessed by the Guild during the term of this Agreement. An employee who was not a member of the Guild prior to September 3, 1986 shall not be subject to this Article. COLLECTIVE BARGAINING AGREEMENT PAGE ! CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/11/0105/25/00 3.3 SERVICE FEE OPTION: New employee within thirty (30) calendar days of hire and all other employees shall elect whether that employee wishes to (1) join the Guild and pay Guild dues and fees or (2) decline to join the Guild and pay a service fee equivalent to regular Guild initiation fees and dues to the extent permitted by law. 3.4 EQUIVALENT DUES PAYMENT: In accordance with RCW 41.56, objections to joining the Guild which are based on bona fide religious tenets or teachings of a church or religious body as may be determined by the Public Employment Relations Commission will be observed. Any such employee shall pay an amount of money equivalent to regular Guild dues to a nonreligious charity mutually agreed upon by the employee affected and the Guild. 3.5 FAILURE TO COMPLY: An employee who fails to comply with this Article shall be terminated upon notice of such fact in writing from the Guild to the City. Termination of such an employee shall become effective within thirty (30) calendar days from the date the City received the notice, unless the employee has remedied the delinquency within said thirty (30) calendar day period provided that the habitual failure to timely pay dues, service fees or charitable contributions shall, upon the request of the Guild, result in the discharge of the offending employee. 3.6 HOLD HARMLESS: The Guild shall indemnify and hold the City harmless from ~my~d all liability to third parties resulting from the administration of the provisions of this Article. ARTICLE 4 GUILD ACTIVITY 4.1 CONDUCT OF GUILD BUSINESS: Guild business, such as handling grievances and other legitimate routine matters, may be conducted on Police Department premises provided that such business does not interfere with Police Department operations and is authorized by the Police Chief or designee. Scheduled Guild meetings may be held in Police Department facilities provided that such meetings do not interfere with Police Department operations and are approved in advance by the Police Chief or designee. 4.2 GUILD REPRESENTATIVES: The Guild shall provide written notice to the Mayor, the Director of Human Resources and the Police Chief of the names of the officials authorized to represent the Guild immediately upon their election or appointment. The City will provide reasonable access to City premises to such authorized representatives for the purpose of handling grievances and other legitimate Guild business provided that such access does not interfere with the work and duties of Guild employee representatives or of other on-duty employees. The Police Chief or designee shall grant an employee who is also an Guild Representative reasonable release time while on duty for the purpose of handling grievances and other legitimate Guild business, provided that such release time does not unreasonably interfere with the work and duties of the employees or of other on-duty employees. 4.3 USE OF CITY PROPERTY: Use of City property is authorized as provided below. 4.3.1 USE OF EQUIPMENT: The following Police Department equipment is authorized for use by authorized Guild representatives for Guild business: COLLECTIVE BARGAINING AGREEMENT PAGE 2 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/11 i0105/25/00 4.3.1.1 WORD PROCESSING EQUIPMENT, COMPUTERS AND TYPEWRITERS: when needed for short work. 4.3.1.2 COPY MACHINES: up to five (5) copies for members of the Guild's board. If more are needed, the Guild shall reimburse the Police Department for costs subsequent to receipt of an itemized billing. 4.3.1.3 TELEPHONE: Local calls arc approved. Costs of long distance calls and FAX use shall be reimbursed by the Guild to the Police Department subsequent to receipt of an itemized billing. 4.3.2 BULLETIN BOARDS: The Police Department shall permit the reasonable and lawful use of bulletin boards by the Guild for the posting of notices relating to official Guild business. ARTICLE 5 WAGES 5.1 HOURLY WAGE RATES: Hourly wage rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof which reflects the following:: Effecti'vc ~i~rTy-t~2-00't- A~endiX--A-?~Tle~t~ a~-~Vo-a~cl~a-~nalf-p-er-c~e~t C2.5%Twage inc~'e~ge. Effective July 1, 2001, Appendix A reflects a one percent {1%) wage increase. Effective January 1. 2002, the wage increase shall be based on 90% of the CPI-W for the Seatt]e/Tacoma/Bremerton area as of June 30. 2001~and shall not exceed five percent (5%)~ 5.1.1 Advancement through the hourly wage rates from the first rate through the final rate of the longevity scale will occur upon completion of the prescribed number of full year(s) of continuous employment since the employee's last wage placement. In the event an employee is on approved leave of absence without pay, the employee's next wage rate advancement date will be extended by the actual number of days the employee was absent on such leave. No such step increase shall be denied employees who have met acceptable performance standards. Step increases may be withheld for a maximum of six (6) months. The denial of a step increase is subject to the grievance procedure. 5.1.2 A new employee's wage rate shall be set at the first year rate, except that a new employee who has prior paid work experience as a full time Patrol Officer in a police service which operates a full time service using paid employees, may have his or her wage rate set at the second year or third year rate based upon relevant years and type of prior experience. Placement at second or third year rates shall be determined by the City. 5.2 LONGEVITY PAY: Longevity pay, which is a rate of pay based on the length of completed continuous service with the City, shall be calculated on the individual employee's hourly wage rate and shall be paid as follows: Length of Continuous Service Rate Per Hour 0 through 5 years continuous employment 0% Commencing 6 through 10 years continuous employment 1.25% '444, COLLECTIVE BARGAINING AGREEMENT PAGE 3 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/1 l/O105/25/00 31 Commencing 11 through 15 years continuous employment 2.5% 2°,,; Commencing 16 through 20 years continuous employment 3.75% 3% Commencing 21 through 25 years continuous employment 5% 4 % Commencing 26 years and over continuous employment 6.5% 5% 5.3 ON CALL PAY: When the Employer places an employee on "on-call status," the employee shall be compensated at a rate of one-third (1/3) the regular hourly rate of pay for time spent on call. The following time spent on call is compensable: When an employee is required to remain at any particular place during the on-call time, and the employee must be prepared to respond. This provision shall not apply to employees who normally carry pagers, and such employees' time off shall not be restricted. 5.4 OFFICER IN CHARGE: When a patrol officer is assigned substantially the full duties of Sergeant, the officer will be paid at a rate as if promoted to Sergeant for the duration of the assignment. This shall not apply to MPO's. ARTICLE 6 HOURS OF WORK 6.1 NORMAL HOURS OF WORK: The normal hours of work shall be forty (40) hours per .................. ~we-ekT- 6.2 SHIFTS: Patrol shifts for the Operations Division are as follows: Day 6 a.m. - 2 p.m. Swing 2 p.m. - 10 p.m. Grave I0 p.m. - 6 a.m. Days off will be assigned by supervisors as currently practiced. Other shifts may be worked, provided they do not exceed forty (40) hours per week and are mutually agreed to by the Employer and employee. Individuals that apply for other Operational units of work such as Bike Patrol, Boat Patrol, Traffic Unit, K-9 Unit, School Resource, special grant assignments, agree up front when selected for the assignment to mutually agree to adjust hours as outlined in the assignment announcement. The Department shall provide at least 72 hours advance notice of the need to adjust schedules for these special units. The Department shall work on resolutions with the employee when a change in the work week creates personal issues and shall seek volunteers first before requiring such officers to change their schedule. The Support Services Division is comprised of the Special Operation Group, General Investigations, Community Resource Unit and other specialty non-patrol units of work. Employees of this Division are scheduled to work eight (8) daily hours or as mutually agreed. 6.2.1 Shift assignments within the Patrol and Traffic Divisions shall be bid by seniority at least twice annually, on March 1st and September 1st, provided that no more than thirty-three percent (33%) of the positions within the Patrol and Traffic Division shall be exempt from the bidding process and assigned as is provided below. For the purposes of this section, seniority shall be defined as all paid regular time worked as COLLECTIVE BARGAINING AGREEMENT PAGE 4 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD a commissioned officer with the City of Bremerton Police Department. Special events and emphasis patrol for the traffic division shall be excluded from Article 6. 6.2.2 Exempt positions may be assigned at the sole discretion of the Chief of Police, provided that no officer past his or her one-year probationary period may be reassigned to another shift more often than once every six months. 6.2.3 Notwithstanding 6.2.1 and 6.2.2, the Chief of Police may reassign any non- probationary employee for just cause twice each year and probationary employees may be reassigned to shifts at the discretion of the Chief of Police. 6.2.4 Sergeants shall be allowed to bid for shifts on the basis of time since promotion to Sergeant, provided Section 6.2.2 and 6.2.3 above shall not apply to Sergeants, and provided further, the Chief of Police may assign a Sergeant to a particular shift without regard to seniority when such assignment is reasonably necessary to the efficient provision of police services. 6.3 SHIFT EXCHANGES: Employees may exchange full or partial shifts when the change does not interfere with the duties and responsibilities of the employees in their positions and .................... provided .that the._immediate~ supervisorsmfsu_ch employees find !hat_~o_.i__nterference will occur as the result of a mutually agreeable shift exchange. The Police Chief or the Chief's designee may overrule such a finding by the immediate supervisor in the event that the Department's service or training needs require specific employe~s to be on duty during their assigned shifts. 6.4 SHIFT CHANGEOVER COORDINATION: An employee who has been transferred from one shift to another shall normally be scheduled to begin the newly assigned shift upon a day or at a time which results in the employee receiving at least eight (8) hours of rest between work shifts. In the event that the transfer from one shift to another results in an employee receiving less than eight (8) hours of rest between work shifts, the employee shall be paid overtime for time worked during the eight (8) hour period between work shifts. An employee who receives a minimum of eight (8) hours of off-duty time between work shifts shall not be eligible for overtime compensation for shift changeover coordination time. 6.5 ASSIGNMENT TRANSFER REVIEW REQUEST: Assignment transfers will be made at the discretion of the Police Chief or designee. Except in emergencies, at the employee's request, the Police Chief will provide his/her mason for the assignment transfer prior to the transfer. The employee may submit information as to why the assignment transfer should not take place. The Police Chief will review the information and inform the employee of his/her decision. This review process is not subject to the grievance procedure. 6.6 TRAINING: Work shifts may be changed by the employer to accommodate structured training as follows: a) At least seven (7) calendar days advance notice is provided to the employee. b) The shift change will be for full day training schools/sessions. c) If training is scheduled during a normal day off, the employee will keep his/her normal work schedule and be paid overtime. COLLECTIVE BARGAINING AGREEMENT PAGE 5 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD d) The parties further agree that the foregoing may be changed by mutual agreement, on a case-by-case basis. ARTICLE 7 OVERTIME 7.1 OVERTIME DEFINED: Overtime is all required and authorized work performed in excess of an employee's normal work schedule. 7.2 OVERTIME COMPENSATION: Overtime work shall be compensated at the rate of one- and-one-half (1½) times an employee's hourly rate in cash or in one-and-one-half (1½) times the overtime hours worked in compensatory time. Overtime compensation in compensatory time may be granted upon the request of the employee and with the approval of the Police Chief or designee. 7.3 LIMITATION ON COMPENSATORY TIME: The maximum allowed accrual of .......... compensatory Prime is" fifty (50) hours-and all time accrued in excess of that maximum shall be paid at the applicable rate, provided that time earned may be cashed out upon the employee's request as provided below. A request for compensatory time can be denied if it "unduly disrupts" the operation of the Department. Undue disruption is more than inconvenience to the Department. This will be determined on a case-by-case basis. For requests to use one day of compensatory time one-day notice is required. For request to use more than one (1) day of compensatory time, five (5) days notice is required. Employees who wish to cash out accumulated compensatory time will have the option of receiving this pay at the end of November of each year. Employees who exercise this option may submit their request in writing to the Chief no later than November 1 each year. 7.4 CALL BACK OVERTIME: An employee who has left the workplace and who is called back to duty with less than twenty-four (24) hour notice for a period of time which is less than three (3) horn's, shall receive a minimum of three (3) hours of overtime compensation. 7.5 COURT AND/OR SUBPOENAED APPEARANCES: An employee who appears in Court arising out of his/her employment with the City or who responds to a subpoena on behalf of the City on off-duty time shall receive a minimum of three (3) * ...... '~ hours of overtime compensation for such appearance. An employee who has been subpoenaed to appear in Court shall call the Court on the morning of the date of the scheduled appearance to confirm that the subpoena is still active. If the subpoena remains active after the telephone call, the employee shall then qualify to receive a minimum of three (3) "~^ hours of overtime compensation for responding to the subpoena. If the subpoena is no longer active after the employee calls in, no compensation shall be due the employee. 7.6 For civil subpoenas, payment for off-duty subpoena appearance is based on matters resulting from the employee performing police duties for the City. Off-duty officers will be compensated for total time in Court at the overtime rate of pay or a minimum of three (3) COLLECTIVE BARGAINING AGREEMENT PAGE 6 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/11/0105/25/00 3q twa?,r'~ hours whichever is greater. Witness fees received by the officer from the plaintiff or defendant shall be assigned to the City. This Agreement does not include other subpoenaed appearances, such as Civil Service or arbitration subpoena, or compensation for telephone calls. The employee shall notify the Chief or designee as soon as the subpoena is served. ARTICLE 8 VACATION LEAVE 8.1 VACATION ACCRUAL: Employees shall accrue vacation time with pay for all regularly scheduled work time including paid holiday, sick leave, vacation and other leave time and excluding time for which workers' compensation time loss benefits are paid pursuant to the following schedule: Period of Continuous Full Time Employrnent Annual Accrual Date of Hire through 5 years 104 hours 6th year 120 hours 7th year 128 hours ............. 8th~6~? 136 hours 9th year 144 hours l0th year 152 hours 1 lth year 160 hours 12th year 168 hours 13th year 176 hours 14th year 184 hours 15th year 192 hours 16th year 200 hours 17th year and thereafter 208 hours 8.2 VACATION ELIGIBILITY: An employee becomes eligible to take accrued vacation time upon completion of six (6) full months of employment; provided, however, the Chief Police may grant an exception to the six-month rule. Vacation time must be taken in segments of one-half (½) hour or more. Vacation time must be fully accrued pr/or to the time an employee takes any vacation time off. 8.3 VACATION SCHEDULING: Annual vacation leave shall be authorized by the Police Chief or designee. Personnel shall be allowed to bid for vacations based upon seniority following the shift bidding process; provided, that vacation requests for time not scheduled throughout the bidding process shall be scheduled by mutual agreement. 8.4 MAXIMUM VACATION ACCRUAL: The maximum number of vacation accrual hours that any employee shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Employrnent Maximum Balance 0 through Five (5) years 160 hours More than Five (5) years 240 hours COLLECTIVE BARGAINING AGREEMENT PAGE 7 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/11/01 3: 8.4.1 In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, the excess hours shall be paid out in cash at the employee's straight time hourly rate unless the Mayor approves an extension of the time period beyond the end of the calendar year during which the employee must take all vacation hours which exceed the maximum allowable carryover. An employee who fails to request scheduled vacation time during the year and whose accrued vacation hours exceed the maximum carryover balance at the end of the calendar year shall forfeit such excess vacation hours. 8.5 VACATION PAY-OUT: Upon the retirement, resignation, or termination of an employee or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a cash lump sum payment. 8.6 DONATIONS OF VACATION LEAVE: Donations of Vacation leave pem~it employees to aid a fellow employee who is suffering from an extraordinary or severe illness, injury, impairment, physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his or her employment prior to a determination that the 'at't~cted employee is not expected to rec0yer to an extent that will enable the employee to resume his or her normal duties or the duties of another position xvith the City or another employer. 8.6.1 ELIGIBILITY: An employee who (1) is suffering 'from an illness or injury causing his or her extended absence from work, and (2) who has depleted or will shortly deplete his or her total available accrued vacation, sick and floating holiday leave. may request donations of vacation leave. 8.6.2 CRITERIA FOR APPROVAL: A request for donations of vacation leave shall be submitted to the requesting employee's Department Head accompanied b'~ medical documentation verifying the medical condition requiring the need tbr leave, and the time period during which the employee can reasonably be expected to be absent from work due to the condition. Upon verifying that the requesting employee meets all of the eligibility, requirements above and upon determining that the medical documentation received provides appropriate verification of the medical condition and time period involved, the Department Head will recommend the employee's request for donations of vacation leave be approved by the Mayor. The Mayor will review the request to assure that all of the requirements set forth in this subsection have been met and, if so, shall approve the employee's request 'tbr donations of vacation leave. 8.6.3 CONDITIONS OF DONATION: An employee who desires to donate accrued vacation leave to a requesting employee will do so as a free and voluntary act and no duress or coercion shall be placed upon an employee to make such donation of his/her accrued vacation leave. Employees ~vho are utilizing donated leave to cover their own absences may not donate leave to another emplo¥'ee until such time as they have returned to work full-time, and any excess donations made to them have been deducted fi'om their sick leave balance. An emplo,vee who desires to donate vacation leave shall complete a Donation of Vacation Leave Form and submit it to COLLECTIVE BARGAINING AGREEMENT PAGE 8 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/I 1/0195/25/00 his/her Department Head. Ch~ce donated, the leave shall not revert back to the donating employee under any circumstances. The donated vacaiion leave will be transfen'ed to the requesting employee's sick leave balance with the next pa~oll report. Forms will be date stamped and all time donated shall be in full hour increments and shall be credited to the employee on an hour-tot'-hour basis. A monthly update of the condition of the employee bv the attending primaw medical doctor shall be required and furnished to the Department Director. 8.6.4 USE OF DONATED LEAVE: An employee who has received donated vacation leave will be able to use the leave in the same mmmer as if he or she had personally accrued the leave, provided that the use of the leave is in conformance with the provisions of this Article. 8.6.5. UNUSED DONATIONS: In the event of excess donations received but not used fbr that specific occmTence due to early recovery, resignation, retirement or death of the employee receiving donations of vacation leave, such excess donations shall be deducted fi'om that employees sick leave balance. COLLECTIVE BARGAiNING AGREEMENT PAGE 9 CITY OF BREMERTON, WASHiNGTON - BREMERTON POLICE OFFICER GUILD 05/I l/0195,'25,'90 37 ARTICLE 9 HOLIDAYS 9.1 HOLIDAYS OBSERVED: The following holidays shall be observed by the City: New Years Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Memorial Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas 9.1.1 In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 9.2 FLOATING HOLIDAY: Each employee shall be allowed one (1) additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief or designee. 9.3 HOLIDAY COMPENSATION: Employees shall receive an additional eleven (11) days vacation leave per year in lieu of holidays, except as enumerated in the premium holiday compensation section. The accrual and payment of such additional compensation shall be in accordance with the Employer's established practice in this regard. 9.4 PREMIUM HOLIDAY COMPENSATION: In the event an employee is required to work during the term of this Agreement on Labor Day, New Years Day, Memorial Day, Independence Day, Thanksgiving Day, and Christmas Day, such employee shall be compensated at the rate of one-and-one-half (1 ¥2) times the employee's hourly rate of pay. It is recognized that non-uniformed officers are not scheduled to work on the holidays enumerated in this section. ARTICLE 10 SICK LEAVE I0.1 SICK LEAVE ACCRUAL: Employees shall accrue sick leave time with pay at the rate of .046154 hours for all normal hours of work including holiday, sick leave, vacation and other paid leave time excluding time for which workers' compensation time loss benefits arc paid. The maximum annual accrual is ninety-six (96) hours. COLLECTIVE BARGAINiNG AGREEMENT PAGE 10 CITY OF BREMERTON, WASHiNGTON - BREMERTON POLICE OFFICER GUILD . A)I 3s 10.2 MAXIMUM SICK LEAVE ACCRUAL: Employees shall be able to accrue sick leave to a maximum of twelve hundred (1,200) hours. 10.3 SICK LEAVE INCENTIVE: An employee who takes thirty-two (32) hours or less of sick leave in any full calendar year shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 10.4 SICK LEAVE RETIREMENT OR DEATH PAYMENT: An employee who retires from City service on a service retirement or an employee who dies shall be provided a Sick Leave Retirement Payment at thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the employee or the employee's estate at the employee's regular hourly wage rate in effect at the time of retirement or death. 10.5 SICK LEAVE USE: Sick leave must be accrued in the pay period prior to use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance and shall be used in increments of no less than one- half (¼) hour to cover an employee's absence from his or her regularly scheduled work hours due to: 10.5.1The temporary disability of an employee resulting from his or her personal illness or injury. 10.5.2 Providing care for an employee's children under the age of 18 when they have a health condition that requires supervision or treatment, as currently defined by the Washington State industrial welfare law, RCW 49.12.270 and as may be amended by the Washington State Legislature. 10.5.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. 10.5.4 Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave. 10.5.5 Providing for an employee's immediate family member when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. No more than five (5) days of sick leave can be used for this purpose per calendar year, unless as otherwise provided in this section or by law. 10.6 NOTIFICATION OF SICK LEAVE USE: An employee who is absent or expects to be absent from work due to causes specified in Sick Leave Use above, shall provide notification as follows: 10.6.1 ROUTINE APPOINTMENTS: The employee shall give prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when the scheduled absence of the employee would unduly interfere COLLECTIVE BARGAINING AGREEMENT PAGE 1 l CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/t 1/0105/25/0{,~ with the operations of the Department. An immediate supervisor shall not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments. 10.6.2 UNANTICIPATED ABSENCE: An employee who is absent from work or who will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in Sick Leave Use above, shall promptly notify the Department by telephone or otherwise as soon as practicable and will make every effort to notify the Department within the first one-half (½) hour preceding each work day of absence. In the event of a prolonged illness or injury, the Department may exempt an employee from the requirement to daily report absences and may establish an alternative reporting arrangement appropriate to the circumstances. 10.6.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE: An employee who becomes ill or is injured during the employee's paid vacation or compensatory time off may request the conversion of such paid leave to sick leave with pay by promptly notifying the department at the time of occurrence or as soon thereafter as reasonably feasible of the illness, injury, or incapacity and such conversion shall be granted, providing such information as is required by the Department to verify the ........... appropriateness, if_such a conversion isprovided 10.7 SICK LEAVE DOCUMENTATION AND APPROVAL: An employee who has been absent on sick leave shall, within thirty-six (36) hours after returning to work, submit such forms and provide such information as are required by the Police Chief or designee to approve the use of sick leave with pay for the absence. The Police Chief of designee may require an employee to provide a professional physician's verification of an employee's, child's or family member's illness or injury as a condition of approving sick leave with pay, if the Police Chief or designee has a reasonable basis to suspect sick leave is not being used in conformance with this Article, In the event the Police Chief or designee intends to require such verification, the employee will be notified of the requirement prior to returning to work. The Chief of Police or designee may require an employee to provide certification by a professional physician that the employee is sufficiently recovered as to be able to return to work and assume his or her normal duties prior to the employee returning to work; or, in the event the employee has appeared at work, prior to resuming work. If the Department does not allow the employee to return to work due to a need for certification, the employee will be allowed to continue the use of sick leave for the period required to obtain required certification. Sick leave must be approved by the Police Chief or designee prior to allowance. The Police Chief or designee shall not unreasonably withhold approval of sick leave with pay from employees. ARTICLE 11 INDUSTRIAL DISABILITY 11.1 INDUSTRIAL DISABILITY FOR LEOFF I EMPLOYEES: An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF I", who becomes disabled, and whose disability extends beyond a period of six (6) full months, shall apply for disability retirement benefits provided through LEOFF I. 11.2 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II EMPLOYEES: An employee who qualifies for and is included in the Washington State Retirement System commonly COLLECTIVE BARGAINING AGREEMENT PAGE 12 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/I I/0105/25/90 referred to as "LEOFF II", and who incurs a work-related illness or injury shall be provided with such compensation as is made available through Workers' Compensation time-loss benefits as provided by Washington State law. ARTICLE 12 OTHER PAID LEAVE 12.1 BEREAVEMENT LEAVE: An employee will be granted three (3) days of bereavement leave for attending funerals in the State of Washington and five (5) days of bereavement leave for out of state funerals of members of the employee's immediate family. 12.1.1 Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandchildren and grandparents of both the employee and the employee's spouse. All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 12.2 JURY DUTY, WITNESS LEAVE: An employee shall be granted leave of absence with pay for the purpose of reporting to or serving jury duty. Any juror fees received by the employee for the performance of such duties shall be assigned to the City. Employees normally-assigned-tryswing-or graveyard shifts-shall-be placed orr the day shift on days that court appearance is required. If more than 2.5 hours of the day shift remains at the time of release from jury duty, the employee shall report for duty. 12.3 MILITARY LEAVE: An employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United States Armed Forces or the State National Guard shall be entitled to military leave with no loss oF pay fora period not to exceed fifteen (15) work days annually. Authorized leave o'f absence tbr additional or longer periods of time tbr assignment to duty/hnctions shall be without · pay and shall be ~anted by the City. An. employee receiving up to fifteen (15) work days of ~aining or se~ing on active duW shall receive their regular pay and the amount received from the Federal. or State government. (pursuant to RCW 38.40.060 as may be m]~ended l?om 12.4 EMERGENCY LEA~: In the event of an ~foreseen emergency which requires the absence of an employee such as the illness, inj~ or death of a member of an employee's i~ediate hmily, the employee shall noti~ his or her i~ediate supe~isor as soon as possible of the required absence. Such emergency leave shall be charged to an employee's unused vacatio~oliday or compensato~ time leave balance. 12.5 ADMINISTRATIVE LEA' VE: Any.. bargainin~ unit employee may be placed on Administrative Leave (leave with pay) for reasons in the best interest of the Ciry and/'or employee (e.~. to difthse a work-related or personal problem that has the potential fbr escalation if left unchecked, an&~or has a negative effect on depat~m.enffdivision operations. and no other solution is available). Adminis~ative Leave is not intended to be used for matters of a disciplina~ nacre COLLECTIVE BARGAINING AGREEMENT PAGE 13 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/1 I/Ol'~C ~ c / ....... O0 ARTICLE 13 RETIREMENT BENEFITS 13.1 Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income o£ each employee shall be reduced by the amount of employee contributions to the respective retirement system, which is picked up by the City. ARTICLE 14 INSURANCE BENEFITS 14.1 MEDICAL INSURANCE: The City shall make medical insurance coverage available to employees and their dependents as follows: Kitsap Physician's Service Plan A for Employees and Dependents Group Health Cooperative for Employees and Dependents or another plan of equivalent or better coverage 14,_2 IN_S~CE_P~RE_MI_. UMw. PA _~Y/~(E_ NT.~: Paymen.~ of insurance pr_emium_s sh~al_l be ma_de as follows: Employee premium paid in full by the City. Employee contributions toward dependent coverage shall be seven dollars ($7) per month per dependent to a maximum of twenty-one dollars ($21) per month for full family coverage _for enrollees in the Kitsap Physician's Plan; and, ten dollars ($10) per month per dependent to a maximum of thirty dollars ($30) per month for full family coverage for enrollees in the Group Health Cooperative Plan. 14.3 KPS (.'.()ST CONTAINMENT MEASURES: The following cost' contaimnent measures under KPS shall become effective March 1,200 l: 1.4.3.1 $10 OFFICE VISIT CO-PAYMENT - Effective March. 1, 2001, employees and dependents enrolled under KPS will pay a $10 co- payment per office visit. Co-payments shall not apply towards satisfaction of the calendar year deductible. 14.3.2 $50 ANNUAL PHARMACY C()-PAYMENT Effective March 1. 2001, employees and dependents enrolled under KPS will pay an additional annual co-pay of $50.00 tbr covered prescriptions. 14.43 DENTAL INSURANCE: The City shall provide the same benefit levels as are contained in the Washington Dental Service Plan A dental insurance coverage for employees and their dependents and provide for full payment of insurance premiums. 14.54 DISABILITY: Employees who are covered by the Washington State Retirement System commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance COLLECTIVE BARGAINING AGREEMENT PAGE 14 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/1 ] !0105/25/00 r',,~.v.~.~j,.,~. The City shall pay a maximum of $20 ,~ ~ ~, a,, per month per eligible and enrolled employee toward premium costs. The remainder of all premium costs shall be borne by the enrolled employee and shall be paid to the Standv,':d i_tnsurance c. qC--ompany through payroll deductions authorized by each enrolled employee.. The Guild shall select the LTD plan under which they will be enrolled. 14._65 INSURANCE RESERVES, REBATES AND SURPLUSES: The City shall require the KPS medical plan provider to provide a structured accounting to the City at least annually. Such accounting shall include plan utilizations, all reserve accounts maintained for the plan, interest earned on reserves, administration costs and coinsurance (pooling) costs. This accounting shall be made available to the Guild upon request. The City agrees that premium rebates, reserve account rebates or any other monetary returns to the employer from the insurance providers together with subsequent interest earnings thereon shall be used exclusively to defray the costs of premium increases in the plan, and increase benefit levels, or other health related purposes determined appropriate by the Insurance Benefits Committee. Premium increases shall be any increase over the 1994 levels. 14..76 INSURANCE COMMITTEE: The Insurance Benefits Committee. shall_be comprised of the following members: Mayor or designee, Human Resources Manager, or designee, Administrative Services Director or designee, one employee selected by the non-represented management and professional employees, and one individual selected by each of the recognized unions. The Committee shall elect a chair and any other officers it deems appropriate. 14.8¢ Effective January 1, 1999, should ":'*' .... u: ..... m ..... :..: ...... ~ .... :~ ma~ ^ c~:r Group Health Cooperative, now or in the future, require a co-pay, the co-pay will be paid by the employee. The amount the employee is obligated to pay shall not exceed five dollars ($5.00) per visit. ARTICLE 15 CLOTHING AND UNIFORM CLEANING ALLOWANCE 15.1 PURCHASE OF UNIFORMS: The employer shall establish a Clothing Allowance Fund for the Bremerton Police Department. Each employee shall be furnished uniforms as designated by the Chief of Police or designee. Such uniforms shall be replaced on an as- needed basis from the Clothing Allowance Fund, as determined by the Police Chief or designee. All uniforms purchased by the Employer are to be and remain the property of the Employer. 15.2 CLOTHING ALLOWANCE: An annual allowance effective January 1, 2000, equal to four hundred and seventy-five dollars ($475) per year will be provided to non-uniformed, sworn personnel. Such allowance shall be paid one-half during the months of January and July. In the event an employee is transferred to the Detective Division and is assigned as a Detective, he/she will receive a pro-rata clothing allowance payment. The Employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal Tax Code as now written or hereafter amended. 15.3 UNIFORM CLEANING ALLOWANCE: There shall be an annual uniform cleaning allowance of twenty-five dollars ($25.00) per month. This applies to all employees. Such COLLECTIVE BARGAINING AGREEMENT PAGE 15 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/1 / a~,,~/,~ 1.01 ,,_.,_,. .... allowance shall be payable in the amount of one hundred fifty dollars ($150.00) during January and July. Effective Janumw 1. 2002. the monthly allo~vance shall be increased to twenty-nine dollars and seventeen cents ($29.17). and shall be payable in the amount of one htmdl'ed seventy-five dollars ($175.00) durin~ January and July. Should an employee leave the service of the Employer, any portion of the unused cleaning allowance shall be deducted from the employee's severance pay. The Employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal Tax Code as now written or hereafter amended. 15.4 CLEANING CONTRACT: In the event the Employer secures a cleaning contract with an independent cleaning company during the term of this Agreement, the uniform cleaning allowance shall become null and void. 15.5 MOTORCYCLE BOOTS: The City shall provide the sum of one hundred dollars ($100.00) to Motorcycle Officers for the purchase of motorcycle boots. After initial issue, replacement moneys will be approved only after the Police Chief or designee authorizes such replacement based on wear/tear of motorcycle boots. 15.6 ALTERNATE CLOTHING & UNIFORM CLEANING ALLOWANCE ...... REIMBURSEMENT.. METHOD: At .the employee's option, he .or she may submit appropriate receipts for reimbursement of either or both of these allowances. This method will be in lieu of the provisions of Article 15.2 and 15.3. An employee must inform the Treasurers Office no later than January 1 of each year that he or she wishes to utilize this alternative. ARTICLE 16 PERSONNEL PRACTICES 16.1 DEFINITIONS: For the purpose of interpreting the provisions of this Agreement, the following definitions shall apply: 16.1.1 PROBATIONARY EMPLOYEE: All employee serving a twelve (12) month period commencing upon the initial date of him as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations (Section 12-PROBATION) and without recourse to the grievance procedure. 16.1.2 PROMOTIONAL PROBATION; A twelve (12) month period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or her previous classification at the time of appointment at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations (Section 12 - PROBATION) and without recourse to the grievance procedure. 16.1.3 LEOFF I EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". COLLECTIVE BARGAINING AGREEMENT PAGE 16 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/1 l i0105/25/00 qq 16.1.4 LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF II". 16.2 INDEMNIFICATION OF EMPLOYEES: The City shall provide legal defense and will pay all legitimate claims, settlements, judgments, and associated costs for employees and their marital communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in the good faith performance of the City's business. 16.3 PROVISIONAL APPOINTMENT: Any employee who is appointed to a position classification by the Chief of Police on a provisional basis shall be paid the established compensation for such position classification. 16.4 DEPARTMENT POLICY MANUAL AND POLICY CHANGES: The Police Department Policy Manual will be distributed to all bargaining unit employees. The employee will acknowledge receipt of and will become knowledgeable of the Manual's or Policy's contents. All revisions to the Manual or Policy will be provided to employees for inclusion in the Manual. Further, the Department will inform the Guild of policy revisions prior to enactment. 16.5 PQLICE OFFICERS INTERVIEW GUIDELINES:_ The . Safe~ of our community and its citizens, plus the integrity and reputation of the Police Department depends to a great extent on the manner in which the members of the department perform their varied and difficult duties. To ensure that internal investigations are conducted in a manner conducive to good order and discipline, and also observe and protect the individual rights of each member of the Department, the following rules are hereby established: 16.5.1 The interview of any Department member shall be conducted at a reasonable hour, preferably when the member is on duty and/or during daylight hours, unless the urgency of the investigation dictates otherwise. If such interview occurs during off-duty time of the member being interviewed, the member shall be compensated for his or her off-duty time in accordance with the overtime provisions of this Agreement. 16.5.2 The interview shall take place at a location designated by the investigation officer, preferably at the Police Department. 16.5.3 Before any questioning commences, a member of the Police Department shall be advised in writing in the event that person becomes a suspect in an administrative investigation. The member being interviewed shall be informed of the nature of the investigation, and name(s) of all complaining parties before the interview commences. 16.5.4 The member being interviewed shall be informed of his or her right to and be afforded an opportunity and the necessary facilities to contact a Guild representative prior to commencement of the interview. The member's representative may be present during the interview. Nothing herein shall in any way restrict the rights of the representative with the employee during the process of the interview. COLLECTIVE BARGAINING AGREEMENT PAGE 17 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/11/0 105/25,'P,0 16.5.5 The interview shall be conducted in the most expedient manner consistent with the scope and gravity of the subject matter of the interview. The member shall be permitted reasonable periods to attend to personal necessities. 16.5.6 The member shall not be subjected to offensive language or intimidation during the process of the interview. No promises or rewards shall be made to the employee as an inducement to answering questions. When the member is being interviewed in a non-criminal matter for violation of departmental rules, regulations or orders, that member shall answer truthfully all questions concerning the investigation posed to him or her by the interviewing officer. When the member refuses to answer such questions, he or she will be informed that his or her refusal to answer may become the subject for disciplinary action. 16.5.7 A member shall not be required to take a troth verification test as part of the interview process. 16.5.8 Nothing contained in any of the above guidelines shall restrict and/or limit ................. _the aut_ho_rity pf~the ~_hief o_f Poli_ce pr designee_in the_p~rfo_rm~ance of his..or her duties and responsibilities as the Chief Administrator of the Bremerton Police Department. 16.5.9 No tape recording will be made of the interview without prior advisement. There will be no off-the-record questions during a recorded interview, unless the parties mutually agree. If the Department tape records the interview, a taped copy of the complete interview of the employee, noting all recess periods, may be furnished, at the cost of the tape, upon request of the employee. If the interviewed employee is subsequently disciplined and any part of any recording is transcribed by the employer, the employee shall be given a complimentary copy thereof. The Guild may be allowed to tape record the interview. 16.5.10 When the member being interviewed is in custody, or is likely to be placed in custody as a result of the interview, that person shall be informed of his or her Constitutional Rights prior to commencement of the interview. The member may request a postponement of the initial interview to contact an attorney. The interview may not be postponed more than twenty-four (24) hours with allowances being made for weekends and holidays. ARTICLE 17 MANAGEMENT RIGHTS 17.1 Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for just cause, to assign work and determine duties of employees, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity for operation of the Department and to perform all of the COLLECTIVE BARGAINING AGREEMENT PAGE 18 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD I)5/1 / Bc/~-~/ 1,01 ........... O0 functions not otherwise expressly limited by this Agreement; provided, nothing herein shall be construed as a waiver of collective bargaining rights conferred on the parties by RCW 41.56. 17.2 The Chief of Police may change Crime Scenes/Evidence Technician to civilian positions, provided that the police positions are retained in the Department. ARTICLE 18 PERFORMANCE OF DUTY/NO STRIKE 18.1 The City and the Guild recognize that the public interest requires the efficient and uninterrupted performance of all City services and pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Nothing in this Agreement shall be construed to grant an employee the right to strike or to refuse to perform his or her duties to the best of his or her abilities. During the term of this Agreement, the Guild and/or membership shall not cause, engage in or sanction any work stoppage, strike, walkout, sit- down, stray-in, slowdown, sick-in, curtailment of work, or interference with City operations at any location whatsoever; provided, that nothing herein shall be interpreted as to prohibit lawful information picketing. Employees who engage in any of the foregoing or similar activities shall be subject to immediate disciplinary action up to and including discharge. The City shall notinstitute any'lockout of employees during the term oft his Agreement: ARTICLE 19 GRIEVANCE PROCEDURE 19.1. DEFINITIONS: 19.1.1 GRIEVANCE: A grievance is an allegation of a violation of the terms and conditions of this Agreement which is to be resolved through this Grievance Procedure. 19.1.2 CIVIL SERVICE APPEAL (Section 5-APPEALS): An appeal is an allegation of a violation of the Civil Service Rules that is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. 19.1.3 UNFAIR LABOR PRACTICE: An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. 19.2 STEP 1: An employee who believes that the terms and conditions of this Agreement have been violated shall first discuss the matter with the person who took the action giving r/se to the belief with his or her immediate supervisor within fourteen (14) calendar days of the date the action took place or within fourteen (14) days of the date upon which the employee, by due diligence, could reasonably have been expected to know of such action. The person who took the action shall provide the employee with a written response within fourteen (14) calendar days of the date upon which the grievance was discussed with the employee. COLLECTIVE BARGAINING AGREEMENT PAGE 19 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/11/0105/25/00 19.3 STEP 2: In the event that the person who took the action does not resolve the issue to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the matter to writing and shall: 19.3.1 State whether the employee is selechng a Civil Service Appeal or the Grievance Procedure herein as the dispute resolution method to be used to resolve the issue. 19.3.2 In the event the employee selects the Civil Service Appeal method, the employee shall comply with the Civil Service Rules in processing the matter. 19.3.3 In the event the employee selects the Grievance Procedure method, the employee shall reduce the matter to a written grievance and shall state: the section (or sections) of this Agreement which is/are alleged to have been violated; an explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance; and the remedy sought. 19_.3,4 The e_mploy_ee _shall ha .v_e__ the right to_be_ assi_s~e_0 by_.an auth_..on_'zed Guild representative in reducing his or her grievance to writing. The employee shall present the written grievance to the immediate superior of the person who responded to Step 1 above within fourteen (14) calendar days of the date the employee received a written response at Step 1 of this procedure. In the event the Police Chief responded at Step 1 above, the employee shall proceed to Step 4 of this Grievance Procedure. The immediate superior may meet with the employee and the employee's Guild Representative within fourteen (14) calendar days after receipt of the written grievance for the purpose of considering the matter. The immediate superior shall reduce his or her decision to writing and shall transmit the decision to the employee with a copy to the Guild representative within fourteen (14) calendar days of receiving the written grievance or of meeting with the employee and the Guild Representative. 19.4 STEP 3: In the event that the immediate superior does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the employee shall transmit a copy of the original grievance along with a copy of the written response received at Step 2 to the Police Chief within fourteen (14) calendar days of receipt of the immediate superior's written response. The Police Chief may convene a meeting with the Guild representative in an attempt to resolve the grievance. The Police Chief shall reduce his or her decision to writing within fourteen (14) calendar days of the Chief's personal receipt of the grievance or, if a meeting was held, within fourteen (14) calendar days after meeting with the Guild Representative and transmit the decision to the Guild. 19.5 STEP 4: In the event that the Police Chief does not resolve the grievance at Step 3 of this procedure, the Guild may request arbitration of the issue by written notification to the Director of Human Resources within thirty (30) calendar days of receipt of the Police Chief's decision. In the event the Guild does not request arbitration of the issue within the thirty (30) calendar day period, the grievance shall be deemed withdrawn. Prior to the COLLECTIVE BARGAINING AGREEMENT PAGE 20 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/11/01.05/25/00 selection of an arbitrator and submission of the grievance for hearing by said arbitrator, the Director of Human Resources shall informally review the grievance and determine whether said grievance may be adjusted to the satisfaction of the employee. The Director of Human Resources shall have fourteen (14) calendar days in which to review and seek adjustment of the grievance. 19.6 SELECTION OF ARBITRATOR: A neutral arbitrator shall be selected by mutual agreement or through a mutually agreeable process. In the event the parties cannot agree, either party may petition the Public Employment Relations Commission for a panel of arbitrators. 19.7 POWERS AND DUTIES OF THE ARBITRATOR: It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing shall be kept informal and private. The arbitrator shall interpret the provisions of this Agreement as they apply to the issue or issues submitted for decision and shall not add to, subtract from, nor in any way otherwise alter or recommend the alteration of the terms and conditions of the Agreement in deciding the matter. Within thirty (30) days of the close of the hearing or submission of briefs, whichever occurs later, the arbitrator shall render a written decision, which shall be binding upon the parties. The arbitrator shall conduct the ......... arbitration hearing in conformance with the Yol~tary Rules for Labor Arbitration of the American Arbitration Guild. 19.8 COSTS OF ARBITRATION: The expenses of the neutral arbitrator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record. 19.9 TIME LIMITS: Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Guild and the City. All procedures contained herein shall be complied with as expeditiously as practicable. ARTICLE 20 SEVERABILITY 20.1 In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Guild and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 21 ENTIRE AGREEMENT 21.1 The Guild and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the City and the Guild each voluntarily and unqualifiedly agree to waive thc right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as COLLECTIVE BARGAINING AGREEMENT PAGE 21 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/1 t/0105/25/00 mutually agreed upon. The Employer shall not unilaterally change any mandatory subject of bargaining without providing the union with prior notice and the opportunity to bargain. ARTICLE 22 CONFLICTING PROVISIONS 22.1 In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this Agreement shall prevail. ARTICLE 23 LABOR MANAGEMENT COMMITTEE 23.1 LABOR MANAGEMENT: The Employer and the Guild agree that a need exists for closer cooperation between labor and management. To accomplish this objective, the Employer and the Guild agree that no more than four (4) duly authorized representatives of the Guild shall function as one-half (V2) of a Labor-Management Committee, the other half being no more than four (4) certain representatives of the Employer named for that purpose. The committee shall meet at least once every three (3) months for the purpose of discussing and facilitating the resolution of all problems, which may arise between the parties. The ~mp!gye~r_shall_prg_~de a dr~fi Qf the. minutgs .of_the m_ e~etj_ngLo ~e G_ui_ld'.s co_m!g..~ittee within (2) two weeks of the meeting. At the committee's discretion, additional meetings may be held. The committee shall be chaired by a member elected by the committee. 23.2 Should the Guild and Employer mutually agree to change, add, or delete any provision of this Agreement, policies, rules or other matters, such change shall be set forth in writing. ARTICLE 24 PREMIUM PAY 24.1 MASTER PATROL OFFICER: Effective upon assignment, any employee who meets the requirements for the Master Patrol Officer (MPO) program shall receive a premium of five (5%) of their base monthly rate of pay for all hours worked as an MPO. 24.2 K-9 PREMIUM: Effective January 1, 2000, employees assigned to the K-9 division shall receive as compensation for the additional duties required by the position, a straight time hourly rate of twelve dollars and seventy-five cents ($12.75), and effective July 1, 2000 the rate shall be increased to twelve dollars and eighty-one cents ($12.81). For each week the employee is assigned to the K-9 division the employee shall be compensated for three (3) hours at one-and-one-half (1 V2) times the straight time hourly rate stated herein. ARTICLE 25 DEFERRED COMPENSATION 25.1 DEFERRED COMPENSATION: Effective January 1. 2001, t:ghe eEmployer shall match the payroll deduction of any written request by an employee covered by this Agreement, in an amount not to exceed two and a halt' twa percent (2.50%) of the employee's base monthly wage rate. Effective January 1, 2002, the Cit3' shall match the payroll deduction in an amount up to but not to exceed three percent (3%) of the employee's base monthly pay rate. COLLECTIVE BARGAINING AGREEMENT PAGE 22 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE .OFFICER GUILD 05/11 i0105/25/0~) 25.2 CONVERSION TO LONGEVITY: Employees who have completed fifteen (15) or more years with the City may elect, by notifying the City in writing on an annual basis, that they wish to convert all or a portion of their defen'ed compensation to longevit.v. Such conversion shah only be permitted in one-half percent (1/2%) increments. Once an employee has elected to make the conversion from deferred compensation to longevity, they will not be permitted to make any changes whatsoever to the percentage converted, for a full 12 month period. ARTICLE 26 TERM 26.1 This Agreement shall become effective January 1,200_10 and shall remain in effect through December 31, 2002~, and may be extended thereafter by mutual agreement. It is further agreed that the City or the Guild may request reopening of this Agreement any time within six (6) months of the expiration for the purpose of negotiating changes to be effective following the expiration of this Agreement with such notice to be in writing to the other party. This Agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this Agreement shall become binding upon the City, the Guild and all of the employees in the b a2'g-~iinin~fiiiiTd6-c-e~ iffby2hi-S -Agr e e-m ~fit ~ DATED THIS DAY OF ,20010. CITY OF BREMERTON: BREMERTON POLICE OFFICERS GUILD: Carol S. Conley, Human Resources Manager Roy Alloway, President Robert Forbes, Police Chief John Bogen, Vice-President Honorable Lynn Horton, Mayor Member Board of Directors ATTEST: Member Board of Directors Kathleen McCluskey, City Clerk Member Board of Directors APPROVED AS TO FORM: ~ ......s~a~ .....City Attomey COLLECTIVE BARGAINING AGREEMENT PAGE 23 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD O_ <, I 1/0195/25/P, 0 APPENDIX B TO THE AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE OFFICERS GUILD JANUARY 1, 2001(4 THROUGH DECEMBER 31, 2002(4 THIS APPENDIX is supplemental to that Agreement by and between the CITY OF BREMERTON, WASHINGTON ("Employer") and the BREMERTON POLICE OFFICERS GUILD, ("Guild"). Master Police Officer: The Master Police Officer (MPO) program is viewed as anenhanced career development opportunity for the sworn-employees-of the-Bremerton Police-Dep~ent: The purpose of an MPO program is to allow qualified non-ranking officers with special technical and administrative skill to be elevated to a new level, Qualifications: A. An employee has served as a top step police officer for three (3) consecutive years. B. Employee has completed, in the course of their employment as a law enforcement officer, 400 hours of law enforcement specialty training that does not include the training hours of basic academy; basic equivalency academy; repeated training classes: or refresher training of BAC or first aid. C. Employee has served at least 12 months on each patrol shift after completing initial probation. D. Employee has served satisfactorily in a secondary assignment(s) for the Bremerton Police Department for a minimum of 18 months. Secondary assignments are assignments above and beyond duties normally assigned to patrol officers serving in patrol unit. These assignments are detective units, crime scenes, traffic, K-9, crime prevention, DARE, GREAT, School Resources and Range Master. Additional secondary assignments as they may be developed can be added to this list. E. Employee maintains acceptable work performance standards and has not had a sustained Internal Affairs investigation one year prior to MPO acceptance. The selection panel may consider other types of minor complaints on a case-case basis. F. MPO's will be assigned as OIC and FTO as needed. Employee will only handle the sergeant's duties when he/she has been assigned as OIC or during limited exceptional circumstances. An employee will not be assigned as OIC while acting in an FTO capacity except during limited exceptional circumstances. COLLECTIVE BARGAINING AGREEMENT PAGE 24 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD (L I101 ..... _ ..... G. MPOs shall not be eligible t'o receive OIC pay and their 5% MP() premium pay. ~..H. The Chief of Police will appoint MPO's in the same order in which they are ranked by the panel. Maintaining MPC Status: To maintain MPC status an employee must: A. Be assigned to the Uniformed Division upon appointment to MPC status for not less than 18 months. If the employee is vacating a non-uniformed position, the employee shall be assigned to the Uniformed Division within a reasonable time period, which allows the Department to assign and train a replacement. B. Maintain satisfactory work performance. C. Not have sustained any major policy rule violations, committed insubordination or be subject to continued citizen complaints. D ...... Show a commitment to continuance of law enforcement training while se~ng as an MPO, If an employee fails to maintain these conditions, he/she will be removed from MPO status by the Chief of Police after review by the selection panel, and must wait eight months before reapplying. An employee shall not be removed from MPO status due to a new assignment in non-uniformed position. MPO Cap: The number of MPO's shall not exceed (14) fourteen. Selection Panel: A. The original selection panel will consist of two management personnel and two members of the Board of Representatives of the Guild who do not qualify for selection. Future selection panels will consist of three MPO's and two management personnel. B. Selection panel will meet as needed to review and select applicants for Master Police Officer appointment and will use the following criteria: 1. Candidates will be listed by seniority, and then given points as follows: #1 candidate- 14 point #2 candidate - 12 points #3 candidate- 10 points /t4 candidate - 8 points #5 candidate - 6 points #6 candidate - 4 points #7 candidate - 2 points COLLECTIVE BARGAINING AGREEMENT PAGE 25 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/11 !0195125100 53 2. Candidates will be listed by number of Training Hours and given points as follows: #1 candidate - 7 points #2 candidate - 6 points #3 candidate - 5 points fi4 candidate - 4 points #5 candidate - 3 points #6 candidate - 2 points #7 candidate - 1 points (For purposes of this selection process, an Associates Degree in a Police related field will count for 100 hours, and a Bachelors Degree in a Police related field will count for 200 hours.) 3. Candidates will receive one additional point for each additional special assignment of 18 months or longer up to a maximum of three points. Should two or more candidates have equal standing, their points will be added and then divided by two (example: top two candidates have the same seniority so ...... each gets 13 points). Should there he a. tie after the point,have been totaled, the selection panel will be required to resolve it and provide a single list to the Chief. C. Candidates will apply for MPO positions by submitting a letter and written summary of years of service, training and education, special assignments and letters of recommendation. D. The Chief of Police will request the panel convene to review a specific MPO's status. E. Decisions by the selection panel regarding selection or removal from the MPO program are not subject to the grievance procedure. COLLECTIVE BARGAINING AGREEMENT PAGE 26 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 05/I 1/0105,'25/00 Page 1 i APPENDIX A TO THE AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND THE BREMERTON POLICE OFFICERS GUILD January 1,2001 through July 31,2001 This Appendix is supplemental to that Agreement by and between the CITY OF BREMERTON, WA ("EmplOyer") and the BREMERTON POLICE OFFICERS GUILD (Guild") A.1 Effective January 1,2001, the base rates of pay for employees shall be as follows: BPOG Pay Plan as of 1-1-2001 with 2.5% COLA Step 1 Step 2 i Step 3 Step 4 Step 5 Master PO Police Officer Annual 43,576.56 45,205.20 47,314.08 49,381.20 53,703.36 56,396.88 Monthly 3,631.38 3,767.10 3,942.84 4,115.10 4,475.28 4,699.74 Semi-Monthly 1,815.69 1,883.55 1,971.42 2,057.55 2,237.64 2,349.87 Hourly 20.87 21.65 i 22.66 23.65 25.72 27.01 1.29 +Longevity Base +1.25% 21.13 21.92 i 22.94 23.95 26.04 27.35 1.31 Base +2.50% 21.39 22.19 23.23 24.24 26.36 27.68 1.32 LT~ Base +3.75% 21.65 22.46 23.51 24.54 26.68 28.01 1.33 O'( Base +5.00% 21.91 22.73 23.79 24.83 27.01 28.36 1.35 Base +6.50% 22.23 23.06 24.13 25.19 27.39 28.76 1.37 Deferred Comp. 45.39 47.09 49.29 51.44 55.94 Step 1 Step 2 i Step 3 Step 4 Step 5 (O~C) Sergeant Annual 56,710.08 57,942.00 59,194.80 60,426.72 61,679.52 Monthly 4,725.84 4,828.50 4,932 90 5,035.56 5,139.96 Semi-Monthly 2,362.92 2,414.25 2,466.45 2,517.78 2,569.98 Hourly 27.16 27.75 28.35 28.94 29.54 +Longevity Base +1.25% 27.50 28.10 = 28.70 29.30 29.91 Base +2.50% 27.84 28.44 29.06 29.66 30.28 Base +3.75% 28.18 28.79 29.41 30.03 30.65 Base +5.00% 28.52 29.14 29.77 30.39 31.02 Base +6.50% 28.93 29.55 30.19 30.82 31.46 Deferred Comp. 59.07 60.36 61.66 62.94 64.25 (Monthly amounts are approximate) Prepared by L. Nowlin 5/11/01 12:56 PM BPOG CONTRACT Appendices 2001-2002 Page 2 APPENDIX A TO THE AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND THE BREMERTON POLICE OFFICERS GUILD July 1, 2001 through December 31, 2001 A.2 Effective July 1,2001, the base rates of pay for employees shall be as follows: BPOG Pay Plan as of 7-1-2001 with 1.0% COLA Step 1 Step 2 Step 3 Step 4 Step 5 Master PO Police Officer Annual 44,015.00 45,665.00 47,794.00 49,882.00 54,246.00 56,961.00 Monthly 3,667.92 3,805.42 3,982.83 4,156.83 4,520.50 4,746.75 Semi-Monthly 1,833.96 1,902.71 1,991.42 2,078.42 2,260.25 2,373.38 Hourly 21.08 21.87 22.89 23.89 25.98 27.28 1.30 +Longevity Base + 1.25% 21.34 22.14 23.18 24.19 26.30 27.62 1.32 Base +2.50% 21.61 22.42 23.46 24.49 26.63 27.96 1.33 Base +3.75% 21.87 22.69 23.75 24.79 26.95 28.30 1.35 Base +5.00% 22.13 22.96 24.03 25.08 27.28 28.64 1.36 Base +6.50% 22.45 23.29 24.38 25.44 27.67 29.05 1.38 Deferred Comp. 45.85 47.57 49.79 51.96 56.51 Step 1 Step 2 Step 3 Step 4 Step 5 (O~C) Sergeant Annual 57,273.84 58,526.64 59,779.44 61,032.24 62,305.92 Monthly 4,772.82 4,877.22 4,981.62 5,086.02 5,192.16 Semi-Monthly 2,386.41 2,438.61 2,490.81 2,543.01 2,596.08 Hourly 27.43 28.03 28.63 29.23 29.84 +Longevity Base +1.25% 27.77 28.38 28.99 29.60 30.21 Base +2.50% 28.12 28.73 29.35 29.96 30.59 Base +3.75% 28.46 29.08 29.70 30.33 30.96 Base +5.00% 28.80 29.43 30.06 30.69 31.33 Base +6.50% 29.21 29.85 30.49 31.13 31.78 Deferred Comp. 59.66 60.97 62.27 63.58 64.90 A.3 SERGEANT CLASSIFICATION - Any employee who is promoted to the classification of Sergeant shall be placed at Step 3 of the Sergeant classification, provided, however, an employee hired as a Sergeant through a lateral transfer, having not served as a police officer with the City of Bremerton, may be placed into Step 1 of the Sergeant classification Prepared by: L. Nowlin 5/11/01 1:32 PM BPOG CONTRACT Appendices 2001-2002 CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST Requesting Department: POLICE DEPT. Adjustment Number: 2001 #10 Approval Authority Required: ]--]Treasurer r--lMayor F- Fiscal & Budget ]--]Council SOURCE OF FUNDS: USE OF FUNDS: Description Amount Description Amount Decrease: Increase: General Misc. Salary Set-Aside 144,000 Police Personnel 144,000 This adjustment will provide expenditure authority necessary to implement the collective bargaining agreement between the City and its police officers. epartment Head Signature - Date Director Signature Date Treasurer Comments: mended ~-~ Not Recommended Treasure Da Mayor Comments: ~ ~ Recommended ~ Not Recommended ~ Approved ~ Denied ~.~'?-/~./~ ~./~/ Mayors Sil~nature Date Fiscal & Budget Committee Comments: Fiscal & Budget~Committee Signature J~ate/ BPOG Collective Bargaining Agreement 200112002 Contract Final Contract Contract for Section Subject fo~ I~tification 2001 Cost Ratification 2002 Cost I I [ I 5.1 Hourly Wages Overall 3.0% 96,303 90% CPT-W Seattle (June 2001) 96,303 (2.5% ,Tanum~, additional 1% July 1) 115,724 5.2 Longevity 5 yrs. = 1.5% 18,565 No change proposed for 2002 lg,215 10 yrs. = 3% 15 yrs. = 4.5% 20 yrS.: 6% 25 yrs.: 7.5% 6.5 Specialty Assignment No p~emium added 0 NO change proposed for 2002 0 Work out assignment lang. 7.4 Callback Over, me CCL 0 N/C 0 7.5 Cou~t Ore, me 3 hour minimum 5,921 N/C 6,123 9.4 Premium Holidays 0 0 N/C 0 14.2 Znsu~ance Payments Agree to City's cost containment 0 Continue 2001 benefit level 0 14.3 Dental/Othodontic Tns. CCL 0 CCL 0 14.4 Disability Znsurance (LTl:)) City to pm/addl. $10 ($20 total) 6,480 S~me as 2OO1 6,480 and ~uild selects plan 14.8 Vision Covem~je CCL 0 N/C 14.9 Life Inm~ance CCL 0 CCI. 15.3 Cleaning Allowance CCL 0 Change to $350/yr 2,850 25.1 Defe~ed Compensation Add .5% (2.5% total) Employees 14,944 Add +1/2% for total of 3% 15,467 ~15 yrs.+ can conve~t any po~t to 16,609 longevity in 1/2 % intervals 6.1 Term 2 year 2 year 27.1 Tuition Reimbursement UW ~te w/"C" or higher 0 N/C 0 27.2 Educational Tncentive AA/gO hrs.: 2% O N/C 0 BA = 4% App. B MPa CCL 0 N/C 0 Fotxtl Cost 2001 142,213 143,588 Total Cost 2002 135,183 Total Cost Combined 278,771 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: EMERGENCY REPAIR AND FOR AGENDA OF: May 23, 2001 REPLACEMENT OF ELECTRICAL ORIGINATING DEPT: PW&U Engineering Div. COMPONENTS FOR THE PUMPING SYSTEMS ORIGINATOR: John Poppe, Wastewater Manager~]~ AT WASTEWATER PUMP STATION CW-1. DATE SUBMITTED: May 23, 2001 ~ 2. CLEARANCES: (comment on backiCmecessarv)r - . 3. EXHIBITS Director, Public Works/Utilities ~'~~~/f//~-~_/¢~- A. Memorandum to the City Council dated Assistant City Attomey ~~~--~. May 23, 2001. City Treasurer - ~ ~ , ~¢ vO ~'~ ~' "3 9. () ~' ! Administrative Services Manager Council Budget & Finance Committee Operations Committee ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRES[DENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Emergency replace~ment, repair ahd cleariup of electrical control systems for the pumping system at Wastewater Pump Station CW-1 due to an electric failure. The action before the City Council is approval of emergency Purchase Orders for Northcoast Electric Company in an amount not to exceed $40,000; and for Custom Controls in an amount not to exceed $20,000, for the replacement, repair and cleanup of failed electrical systems at Wastew~er Pump Station _CW-1. Staff recQmmends approval of these emergency Purchase Orders4t~,~O 5. RECOMMENDATION: Move to approve an emergency Purchase Order for Northcoast Electric Company in an amount not to exceed $40,000. C3 Move to approve an emergency Purchase Order for Custom Controls in an amount not to exceed $20,000. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL,: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED __ DISAPPROVED AMENDED COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: ~) / -- 114 6. CLEARANCE COMMENTS: 7. IMPACT ON NON-PASSAGE: Non-passage will result in a violation of water quality standards for the Port Washington Narrows. 8. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: The Emergency Purchase Orders will be funded by the Capital Fund. 9. RESEARCH SOURCES Previous purchases of the same equipment. ab, Agenda Bills, Emergency Repairs, CW-1,5-01 (00 PUBLIC WORKS AND UTILITIES 3027 Olympus Drive · Bremerton, WA 98310-4799 · (360) 478-5318 · FAX (360) 478-5018 May 23, 2001 TO: Bremerton City Council FROM: John Poppe Wastewater Division Manager SUBJECT: Pump Station CW-1 Repair May 21,2001 we had an electrical fire at our wastewater Pump Station CW-1 located at 19th & Olympic. This is the major pump station that conveys wastewater from the Anderson Cove area to the wastewater facility. This fire destroyed the motor control center for one pumping system requiring whole replacement of all electrical components. Detailed investigation of the remaining two pumping systems has resulted in our recommendation for the replacement of all three pumping system electrical components. The cost for the replacement, repair, and cleanup is to be less than $60,000. Therefore, the wastewater division is requesting the approval of two Purchase Orders (PO) as follows: Northcoast Electric Company 206 Katy Penman Ave. Bremerton, Wa 98312 The PO is not to exceed $40,000 .... ..............--....------................._ Custom Controls 4630 16th St east Suite B24 Fife, WA 98424 The PO is not to exceed $20,000 I have attached some pictures for your review. Pleas call should questions arise -k Equal Opportunity Employer ~r Page 2 2itation Found Document Rank 1 of 1 Database ~ ST 35.33.081 WA-ST-ANN West's RCWA 35.33.081 ?EXT WEST'S REVISED CODE OF WASHINGTON ANNOTATED TITLE 35. CITIES AND TOWNS CHAPTER 35.33. BUDGETS IN SECOND AND THIRD CLASS CITIES, TOWNS AND FIRST CLASS CITIES UNDER 300,000 Copr. ® West Group 2000. Ail rights reserved. Current through End of 2000 Second Special Session t5.33.081. Emergency expenditures--Nondebatable emergencies Upon the happening of any emerqency caused by violence of nature, ~ ?lot, insurrection, war, or other unanticipated occurrence requiring the [mmediate preservation of order or public health, or for the restoration to a ~ondition of usefulness of any public property which has been damaged or ~estroyed by accident, or for public relief from calamity, or in settlement of ~pproved claims for personal injuries or property damages, or to meet mandatory axpenditures required by laws enacted since the last annual budget was adopted, )r to cover expenses incident to preparing for or establishing a new form of ]overnment authorized or assumed after adoption of the current budget, including ~ny expenses incident to selection of additional or new officials required zhereby, or incident to employee recruitment at any time, the city or town Legislative body, upon the adoption of an ordinance, by the vote of one more than zhe majority of all members of the legislative body, stating the facts ~onstituting the emergency and the estimated amount required to meet it, may make zhe expenditures therefor without notice or hearing. 2REDIT CREDIT(S) 1990 Main Volume [1969 ex.s. c 95 § 11.] <General Materials (GM) - References, Annotations, or Tables> HISTORICAL AND STATUTORY NOTES 1990 Main Volume Source: Former § 35.33.080. Copr. © West 2001 No Claim to Orig. U.S. Govt. Works ~ (1) The enacting clause of all ordinances shall be as follows: "Thc City of Br~mcz~m does ordain". No ordinance shall contain more ihan one subject and that must be clearly expressed in its title. (2) No ord{nancc, or any section or subsection thercOf~ or any municipal code section or subsection, shall bc revised or mncnded,-unless thc new ordinance sets forth thc revised c~dinance or thc amended section or s~bsecticu at full lcng~ (3) ~ appropriation of money shall b~ by ~iinancc, 'savc ~ the~ is a special fund rated for a par~c~lar pUrpOse; payments from such funds shall be made on ordc~ of the Council. £very ordimmce and resolution shall be in writing and if requested by a mernbcr of Council or any person (4). 'Except as otherwis~ provided i~{,{~ Charter, every m'dinance, shall have two pubSc hcm~s. at least ten days aflcr publication' stated in the ordinance, except as provided b~ow: .:~.: .. Council may adopt an ordinance addressing the emergency or appropriating funds not available in the annual budget to meet it bY a v°te °f °ne re°re thnn the majority °f all members °f ~ ~g ~ or appropriating 'funds to meet such emer"g~ncies which could not have be~n anticipated in the annual budget, may be appropriated bY ~rdinance ~aring an emargemcy.and- stating tim facis constituting the emergency. Such ordinance shall not be voted on until five days have elapsed after its introduction, and c_ ORDINANCE NO. ~'t -7 ~ ~ AN ORDINANCE DECLARING AN EMERGENCY, APPROVING PURCHASE OF REPLACEMENT ELECTRICAL CONTROL SYSTEM FOR WASTEWATER PUMP STATION CW-1 AND WAIVING BD PROCEDURES. WHEREAS, a primary electrical control system has been destroyed by fire and failed beyond repair at Wastewater Pump Station CW-1; and WHEREAS, the electrical control system is essential to the operation of the pump station; and WHEREAS, immediate replacement is necessary to ensure the ongoing operation of Pump Station CW-1; and WHEREAS, budget currently exists in the capital authorization within the Wastewater Fund to replace the electrical control system with current technology similar to CW-1 electrical control system; and WHEREAS, Article HI, Section 15(4)(a) allows for the adoption of an ordinance on a single reading to address a non-debatable emergency as enumerated in RCW 35.33.081; and WHEREAS, pursuant to BMC 2.76.600(a)(3), the City is not required to seek competitive bids when contracting for materials, goods, and equipment in order to effectively respond to emergencies affecting public health and safety; NOW THEREFORE THE CITY OF BREMERTON DOES HEREBY ORDAIN: 1. That the destruction and failure of the electrical control system at Wastewater Pump Station CW-1 is declared an emergency, affecting public health and safety, needing immediate corrective action in response to the need for essential operation of the pump station, and within the scope of emergencies as enumerated in RCW 35.33.081. 2. That the emergency purchase of replacement components compatible with current technology, similar to the existing CW-1 electrical control system is approved as necessary to address this emergency situation, and bid procedures of Chapter 2.76 BMC are hereby waived. PASSED by the City Council of the City of Bremerton this __ day of__ 2001. JOHN E. LAW Council President