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HomeMy WebLinkAbout12/26/01 AGENDA CITY COUNCIL MEETING AGENDA DECEMBER 26, 2001 1. PRE-COUNCIL STUDY SESSION: 5:00-5:30 P.M. A. A 15-minute Executive Session will be held to discuss "LITIGATION" from 5:05 to 5:20 P.M. B. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Contract Extension with SYSTEMS DESIGN for Ambulance Billing Services (#AB01-290) B. SR304 Maintenance Agreement between the City of Bremerton and the State of Washington (#AB01-291) C. Contract with the Bremerton Housing Authority for Supplemental Police Services with the City of Bremerton Police Department (#AB01-292) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. COUNCIL COMMITTEE REPORTS 7. COUNCIL RECOGNITION - John Law, Wayne Olsen, & Jim Reed 8. MAYOR'S REPORT 9. LEGISLATIVE REPORT 10. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 11. NEW BUSINESS ~,..,J.l~;[- ~ Professional Services Agreement for Gold Mountain Golf Complex with Scott Alexander and Daryl Mathney (#AB01-293) I' '' ~,~''''li~ 'Jiii[. Lease Agreement for Gold Mountain Golf Complex with Scott Alexander and Daryl Mathney (#AB01-294) C.Inter-local Agreement for Cooperative Water System for Development in the Port Orchard 580 Zone/Bremerton 580 Zone (#AB01-295) D.Collective Bargaining Agreement between the City of Bremerton and the Police Management Association (#AB01-296) 12. PUBLIC HEARINGS AND ORDINANCES A. Ordinance No. 4787 (Second Reading) Regarding the Designation of a Community '74 Empowerment Zone Administrator (#AB01-287) B. Ordinance No. 4788 (Second Reading) Amending the Official Zoning Map from Business Park (BP) to Mixed Use (MX) for Properties Bordering Evergreen Park and Bounded by 14t' Street, Park Avenue, Highland Avenue, and 12th Street (#AB01-288) 13. ADJOURNMENT OF MEETING CITY COUNCIL MEETING DECEMBER 26, 2001 SPEAKERS LIST If you have a question that may require a written response, please provide your mailing address. Thank you. NAME TELEPHONE TOPIC 2. o Matthew F. Keough Gro.._~:i~h Planner _ Dep&~ment of Planning & Building 286 4th Street · gremerton, WA 98337 (360) 478,5279 ° FAX (360)478-5278 E-mail: mkeough@ ci.bremerton,w a.us 11. 12. 13. 14. Reminder: The next Council Meeting will be on Wednesday, January 2® AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 12/26/2001 ORIGINATING DEPT: Fire .Agreement to extend the contract between ORIGINATOR: Al Duke, Fire Chief the City of Bremerton and Systems Design to provide DATE SUBMITTED: 12/19/2001 ambulance billing service. 2.=. CL._._EA_RAN~CES: Comment o~ess/~ 3. EXHIBITS: Budget & Fiscal ~/,//.~ _~..,~../¢~ ~.. ~.~. ~/~,.~,~7~/¢/~ Agreement Operations ~ ~/.,~/_Z~J City Attorney ~ ENDORSEMENTS *. INFORMATION APPROVED BY COUNCIL~P. RE~ENT FO.R SUBMITTAL: / c 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This is an one year extension of an agreement between the City of Bremerton and Systems Design to provide an ambulance billing service. The original agreement in 1999 allows for one year extensions when mutually agreed upon. The terms of the agreement will remain the same. 8. RECOMMENDATION: That the City Council authorize the Mayor to sign and enter into the one year contract extension with Systems Design. 9. RESPONSIBLE OFFICIAL: Al Duke, Fire Chief ENFORCEMENT OFFICIAL: Al Duke, Fire Chief EXPIRATION DATE: 12/31/2002 REVIEW DATE: 12/31/2002 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The billing of ambulance transport would not be in place until the City of Bremerton could go through the bid process. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES'_ There would not be any impact on the staffing levels, but there is an increase use of vehicles and equipment along with an increase in supplies needed. The contract costs will remain the same. 7. RESEARCH SOURCES: E YSTEMS 0 ESIGN September 27, 2001 Chief A1 Duke Bremerton Fire Department 817 Pacific Avenue Bremerton, WA 98337 Dear Al: It seems like we just went through this process, but it's time again to look at our Professional Services Agreement for next year. The current contract rtms through December 31,2001. The contract may be extended for additional terms upon mutual agreement of both parties (See Article 2 - Term of the Agreement). I am proposing to extend our Professional Services Agreement for an additional year which would take us through December 31, 2002. I am also proposing that we maintain the Compensation as defined in Article 3 at the same level ($20.50 per MIR plus actual postage expense.) This letter, when signed below, can serve as the 'mutual agreement of both parties'. If you have any questions, or would prefer to execute an entire new contract, please give me a call. If you agree to the extension, please return a signed copy of this letter to me at your earliest convenience. On behalf of Shelley and the rest of the staff at Systems Design, I'd like to thank you for your continued support. We have enjoyed working with you all these years and look forward to many more. Thanks in advance for your attention to this matter. Sincerely, Approved, Bremerton Fire Department Roger A. Zegers, Date: President P.O, BOX 3510 * SILVERDALE, WA 98383 * [360} 692-5242 * [800) 585-5242 * fax (360) 698-4968 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: SR304 MAINTENANCE FOR AGENDA OF: December 26, 2001 AGREEMENT BETWEEN THE STATE OF ORIGINATING DEPT: PW&U Engineering Division WASHINGTON AND THE CITY OF ORIGINATOR: Jennifer Strehler, City Enginee, r_~.,/~ BREMERTON. DATE SUBMITTED: December 7, 20t~1 2. CLEARANCES: (comment on back '~~/.2 3. EXHIBITS Director, Public ~and Utilities ~ A. Agreement GMW-0002 City Attorney ~ B. Location Map City Treasurer Director, Parks and Recreation . Council Budget & Finance Committe~/ Council Operations Committee 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: With the recent completion of improvements to SR 304, a portion of SR 304 from First Street and Callow Avenue to the south City limits became a Washington State limited access facility. By virtue of RCW 47.52.090 the State has full jurisdiction, responsibility, and control to and over the facility. Agreement GMW-0002 identifies the maintenance responsibilities between the State of Washington and the City of Bremerton for items within the limited access facility. The action before the City Council is authorization of the Mayor to execute Agreement GMW-0002. 8. RECOMMENDATION: Move to approve Agreement GMW-0002 between the State of Washington and the City of Bremerton that identifies maintenance responsibilities for SR304 and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~ COUNCIL DIRECTIVE DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will not have the authority to enter on the ~SR 304 limited access facility to maintain various City facilities. 6. IMPACT ON STAFFING~ BUDGETS Staffing: No additional staff has been added to the Parks and Recreation Department for this work. It will be absorbed within current staffing levels, causing a dilution of resource expenditures at other sites. Budget: Maintenance of City facilities is included in the respective Public Works and Utilities and Parks Departments budgets. Facilities/Equipment: No Impact 7. RESEARCH SOURCES ab. Agenda Bills 2001, SR 304 City and State Maintenance Agreement AGREEMENT GMW-0002 This AGREEMENT, made and entered into this day of , 2001, by and between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE", and the City of Bremerton, 3027 Olympus Drive, Bremerton, Washington 98310-4799, acting through the Mayor, hereinafter called the "CITY". WHEREAS, the CITY has a project on SR 304 entitled Transportation Improvement Project: Stage 1B-Gateway, a portion of which is on a limited access facility within the CITY Limits, hereinafter referred to as the "Facility", and WHEREAS, by virtue of RCW 47.52.090, the STATE has full jurisdiction, responsibility, and control to and over the Facility, and WHEREAS, the CITY wishes to assume maintenance responsibility for items on the STATE's Facility. NOW THEREFORE, by virtue of RCW 47.28.140 and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and. incorporated and made part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL 1.0 The CITY agrees to assume maintenance responsibility for all items identified as CITY responsibility in Exhibit "A", attached hereto and by reference made a part of this AGREEMENT. All maintenance by the CITY shall occur at no cost to the STATE, with the exception of maintenance of the limited access fence, which shall be maintained by the CITY at STATE expense. The STATE agrees to assume maintenance responsibility, including cost to maintain, for all items identified as STATE responsibility in Exhibit "A". II PAYMENT 2.0 The STATE, in consideration of the faithful performance of the work to be done by the CITY, agrees to reimburse the CITY for the actual direct and related indirect costs incurred in the maintenance of the limited access fence. These payments are not to be more fi:equent than one (1) per month. 1/3 2.1 Reimbursement to the CITY for costs associated with signal maintenance will be provided for under separate agreement GM-01326. III UTILITIES 3.0 The STATE shall be the permitting authority for all future installations of utility facilities, other than CITY utility installations. The CITY shall be the permitting authority for all CITY utility installations. The CITY agrees to provide to the STATE copies of all existing utility installations within the boundaries of this limited access Facility. The CITY also agrees to provide to the STATE copies of as-built plans of all future CITY utility installations located within this limited access Facility. IV RIGHT OF ENTRY 4.0 The STATE hereby grants and conveys to the CITY the right of entry upon all land which the STATE has interest, within or adjacent to the right of way to tl~e highway, for the purpose of maintaining the aforementioned items or for the construction of future CITY utilities on the STATE's Facility. V LEGAL RELATIONS 5.0 Each of the parties shall protect, defend, indemnify, and save harmless the other party, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgment, and/or awards of damages, arising out of, or in any way resulting from, each of the party's negligent acts or omissions. No party will be required to indemnify, defend, or save harmless the other party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the party. Where such claims, suits, or actions result from concurrent negligence of the parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the party's own negligence. Each of the parties agrees that its obligations under this subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each of the parties, by mutual negotiation, hereby waives, with respect to each of the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that any of the parties or combination of the parties incurs any judgment, award, and/or cost arising therefrom, including 2/3 7 attorneys' fees, to enforce the provisions of this Section, all such fees, expenses, and costs shall be recoverable from the responsible party or combination of the parties to the extent of that party's/those parties' culpability. 5.1 In the event that any party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action or proceedings shall be brought in a court of competent jurisdiction situated in Thurston County, Washington. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the day and year first above written. CITY OF BREMERTON STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: By: Mayor Jerry Walter Asst. Region Administrator for Operations Date: Date: APPROVED/[,S~O FORM C~f'A[t~)mey ~ ' 3/3 GMW-0002 Exhibit "A" City/State Maintenance Responsibilities Maintenance Item Responsible Agency Roadway Surface State Curbs State Directional Signs/Route Markers State Signals (Navy Yard Rd. and Farragut St.) State Stability of Cut & Fill Slopes City Sidewalks City Storm Sewers City Snow Plowing City Sanding & De-icing City Snow Removal City Sand Removal City Channelization City Crosswalks City Striping City Parking Signs City Regulatory Signs City Stop Signs (Intersecting Streets) City Illumination (Including Operational Service Billings) City Street Cleaning City Street Sweeping City Landscaping/Vegetation City Irrigation City Noxious Weeds City R/W Encroachments City R/W Cleanup City Limited Access Fence City AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Bremerton Housing Authority FOR AGENDA: 12-26-01 Contract for Supplemental Police Services with the ORIGINATING DEPT: Police City of Bremerton Police Department ORIGINATOR: Tim Sholtis DATE SUBMITTED: 12-7-01 2. CLEARANCE_S: (Co~t pn back if necessary) 3. EXHIBITS: Chief of eolice.~l~:~/~ Contract for Supplemental Police Services Treasu~ Attorney Operation Committee ~ Fiscal & Budget Committee/f/~ ~'_~~/ APPROVED ~ S~MITTAL BY E~ORSEMENT X mFO~ATION ~ ~:..~-~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton Police Department has a contract with the Bremerton Housing Authority to provide police service for the Westpark housing development. The contract has been rewritten and updated to meet BHA grant and community policing requirements. The contract identifies staffing levels, financial terms and specific services. The contract is for two years. 5. RECOMMENDATION: Move to approve the service contract with the Bremerton Housing Authority to support community policing in Westpark Housing and authorize the Mayor to execute same. 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED [--] TABLED [~ APPROVED []]3 DISAPPROVED [--] AMENDED [~ DATE: COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: The City of Bremerton will not have a service contract supporting community policing with the Bremerton Housing Authority for Westpark housing and the New Approach Anti-Drug FY2000 grant. 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The Bremerton Police Department dedicates one Patrol officer to support the contract for two years. The BHA funds the full-time officer and services according to the contract. 11. RESEARCH SOURCES: Previously written contracts and legal services from the City of Bremerton and Bremerton Housing Authority. CONTRACT FOR SUPPLEMENTAL POLICE SERVICES The Housing Authority of the City of Bremerton ("BHA") and Bremerton Police Department ("City"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The City will perform the services set out in the Scope of Work (Addendum A), which is attached as Exhibit A and incorporated by reference. The Scope of Work may be modified only pursuant to Section VI. D. of this Agreement. If BHA desires services not specified in the Scope of Work, then the parties, by letter agreement signed by both parties, may add the additional services to the Scope of Work, and adjust the compensation, if appropriate. II. Term: This Agreement commences on January 1, 2001 and terminates on December 31, 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, BHA shall pay the City the amount set forth in Addendum B. The City shall submit regular monthly billing statements describing services rendered and the amount charged for each service. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, BHA shall promptly process payment. City shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Additional services shall be compensated for only if requested pursuant to Section I and shall be compensated as set out in the request or, if the request does not so provide, as set out in the attached fee schedule. If a billing statement does not conform to this Agreement, BHA may withhold payment until the statement is brought into compliance. Such withholding does not relieve City of its obligations under this Agreement. IV. Relationship of Parties: City is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. City and its personnel are independent contractors and not employees of BHA. City and its personnel have no authority to bind BHA or to control the BHA's employees and other contractors. BHA shall have the right, with reasonable cause; to have a different officer assigned to the position. Reasonable cause shall be the failure to provide the level of service BHA reasonably expects on all categories in the Scope of Work. Page 1 of 11 /._~ As an independent contractor, City is responsible for its own management. BHA's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over City or its personnel. V. Insurance and Hold Harmless: Prior to the commencement date of this Agreement, City shall provide Certificates of Insurance to the BHA's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O") providing coverage of $2,000,000 for errors and omissions committed by City while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL") policy providing coverage of at least $2,000,000 per occurrence and including bodily injury and property damage. Both policies shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or change of coverage of either policy. BHA shall protect, defend, indemnify, and hold harmless the City, its officers, officials, employees, and agents, from any and all claims, demands, suits, penalties, losses, damages, judgments, attorneys' fees, and/or costs of any kind whatsoever, arising out of or in anyway resulting from acts or omissions of the BHA, its officers, employees, agents and/or subcontractors. The City shall protect, defend, indemnify, and hold harmless BHA, its officers, officials, employees, and agents, from any and all claims, demands, suits, penalties, losses, damages, judgments, attorneys' fees, and/or costs of any kind whatsoever, arising out of or in anyway resulting from acts or omissions of the City, its officers, employees, agents and/or subcontractors. If a claim is made that both parties are responsible for all or a portion of damages alleged to have been sustained as a result of acts or omissions of the parties hereto, then the above referenced indemnity and hold harmless provision shall apply only to the extent of the proportion of liability attributable to the indemnifying Party. If liability is not or cannot be apportioned, then the parties shall be responsible for their own costs and attorneys fees incurred in the matter and shall indemnify and hold the other Party harmless for one half of any amount awarded by the Court or other decision making body with jurisdiction as a result of the alleged acts or omissions. Except for damages caused by the sole negligence of the City, the provisions of the proceeding paragraph not withstanding, BHA's obligation under this section shall include, but not be limited to: 1. the duties to promptly accept tenders of defense and provide defense to the City at BHA's expense; 2. the duty to indemnify and defend the City from any claim, demand, and/or cause of action brought by or on behalf of any of BHA's employees or agents. The foregoing duty is intended to constitute a waiver of the BHA's immunity Page 2 of 11 under Washington's Industrial Insurance Act, with respect to the City only, and only to the extent necessary to provide the City with a full and complete indemnity and defense of claims made by the BHA's employees. 3. in the event that the City incurs attorney fees and/or costs in the defense of claims for damages within the scope of this paragraph, such fees and costs shall be recoverable from BHA. VI. General Conditions: A. Reports and Information: When requested by BHA, City 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. City shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Aqreement: This Agreement and its Exhibits constitute 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: Bremerton Housing Authority City of Bremerton 110 Russell Road Police Department Bremerton WA 98312 239 Fourth Street Bremerton WA 98337 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: City shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. 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 shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. Page 3 of 11 / VII. Nondiscrimination: City 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 60 days' notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within five days of the terminating Party's sending notice to the non-performing Party. Upon termination BHA 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, after payment of all outstanding amounts owed the City have been paid. CITY OF BREMERTON BREMERTON HOUSING AUTHORITY By:. By: LYNN S. HORTON, Mayor its: DEPARTMENTAL APPROVAL: ROB FORBES, Chief of Police Interim City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, City Clerk Page 4 of 11 EXHIBIT "A" ADDENDUM A BREMERTON POLICE DEPARTMENT (BPD) AND HOUSING AUTHORITY OF THE CITY OF BREMERTON (BHA) SCOPE OF WORK To enforce the law and assure that unlawful activity, including drug-related crimes in and around housing owned or managed by BHA is identified, reported, monitored and tracked. To support the goals and objectives of the BHA and the residents of the Westpark Housing development in the prevention of crime and the elimination of drug related criminal activity. SUMMARY OF CONTRACTED SERVICES TO BE PROVIDED BY BPD 1. Provide a commissioned and qualified Police Officer to the Westpark Housing development to deliver supplemental law enforcement services for a period of two (2) years. 2. Provide additional enhanced supplemental services to complement the baseline and supplemental services in Westpark. Enhanced supplemental services should address the following activities: a. Drugs and Gangs b. Criminal Prosecution c. Organized Crime d. Domestic Violence 3. Provide information required to compile data for criminal analysis and statistical reports for the City of Bremerton and Westpark specific. 4. Cooperate to the fullest extent possible with other law enforcement and governmental agencies and the BHA to achieve the goals and meet the objectives as stated above in the Scope of Work. 5. All of the above will occur in addition to the baseline services already afforded Westpark as outlined in, "Attachment A: BPD Baseline Services". ILLUSTRATIVETASKS I. Liaison with BHA and residents of the Westpark Housing development. A. Attend and participate in meetings when required Page5 ofll /~ B. Document and forward all reports of criminal activity in Westpark to the BHA in a timely manner C. Keep the Director of Housing or his/her representative informed of all investigations as appropriate D. Maintain a filing system for confidential documentation in strict compliance with local, state and federal laws E. Periodically inspect building exterior and fencing for physical security and safety in Westpark and prepare a report of all findings II. Program Reporting A. Prepare and provide progress reports to BHA B. Monitor and track all expenditures and accomplishments of enhanced supplemental activities. C. Provide crime statistics and other related data for program reporting purposes. III. Enhanced Supplemental Services A. Develop Scope of Work for all enhanced supplemental activities needed B. Obtain appropriate authorization and approval from BHA C. Monitor performance of enhanced supplemental activities to ensure goals are being achieved D. Review and approve monthly payment requests E. Negotiate contracts for additional services IV. Budgeting A. Assist in the budgeting and planning process to meet objectives and goals B. Provide cost information needed to prepare budgets for presentation V. Investigations A. Investigate all reports of unlawful activity B. Prepare comprehensive detailed reports on all investigations Page 6 of 11 C. Maintain detailed files on all investigations D. Maintain monitoring and tracking logs of all investigations E. Perform special inspection of public housing units when reports of illegal activity have been reported or suspected VI. Hearings A. Attend all hearings to present Housing Authority findings. VII. Evictions A. Coordinate all physical evictions with Sheriffs Department B. Represent Housing Authority interests in court VIII. Resident Education A. Circulate information to residents about security and safety B. Coordinate and attend resident safety and block watch meetings IX. Miscellaneous functions A. Special projects as assigned by BHA and agreed to by BPD X. Service Objective - responsibilities to the public A. Courteous and respectful B. Responsive to requests XI. Organization Improvement A. Commitment to a philosophy of quality B. Display initiative to resolve problems C. Cost-effective use of the organization's resources BHA in its efforts to support and promote a good working relationship with BPD will provide the following support: 0 Provide clerical assistance to be dedicated to this enforcement effort commencing January 1, 2002 Page 7 of 11 0 Provide office space and meeting rooms as required for the implementation of this enforcement effort 0 Cooperate to the fullest extent possible with the BPD and other judicial, governmental and law enforcement agencies ** Amplified descriptions of the specific activities to be performed by each party and the skills they bring to assist with the implementation of this program are contained in the Action Plan of BHA's New Approach Anti-Drug FY2000 grant. In addition, each party has committed to providing in-kind contributions such as personnel, space, equipment and other resources to assist in the success of this program. Those contributions are identified in the Action Plan of BHA's New Approach Anti-Drug FY2000 grant. PROGRAM EVALUATION BPD and BHA will jointly develop and utilize an effective assessment tool for evaluating contract compliance and overall performance. A performance assessment and compliance review will be conducted quarterly by both BHA and BPD or as may be necessary, to identify areas of concern. EQUIPMENT All equipment provided and purchased under the New Approach Anti-Drug Grant is to be used solely for the purpose of performing the task listed above. TERM This document titled Addendum A "Scope of Work", outlines the summary of services to be provided and the illustrative tasks to be performed under the New Approach Anti- Drug Grant and is referenced as such in Section I of the Contract for Supplemental Police Services. New Approach Anti-Drug Grant, will commence January 1,2001 and will stay in effect for two years (December 31,2002) or until either party notifies the other through a thirty (30) day written notice of the need to revise or cancel the agreement. The following parties agree to perform the duties listed within the Scope of Work and sign on behalf of BHA and BPD. Merrill Wallace II, Executive Director Date Housing Authority of the City of Bremerton (BHA) Rob Forbes, Chief of Police Date Bremerton Police Department (BPD) Page 8 of 11 c~ [ ADDENDUM B SUPPLEMENTAL LAW ENFORCEMENT SERVICES BUDGET January 1, 2001 thru December 31, 2002 Source: New Approach Anti-Drug Grant CONTRACTUAL FT Police Officer $ 108,900 (40 hrs/wk 104 wks) Annual salary adjustments (5%) $ 5,445 Enhanced Police Services $ 66,815 Drug Interdiction $ 9,410 Domestic Violence Counseling $ 9,410 Total $ 199,980 EQUIPMENT Computer $ 3,800 Total $ 3,800 OTHER Drug Tipline $ 1,200 Business Phones $ 1,200 Total $ 2,400 Total Budget Amount $ 206,180 Page 9 ofll ATTACHMENT A: BPD BASELINE Baseline Services to Public Housing U.S. Department of Housing Residents by Local Law Enforcement and Urban DeYelopment Agencies Current law enforcement baseline police services are defined, but may not be limited to, as the ordinary and routine police services provided to the residents of public housing developments as a result of the overall, city/county-wide deployment of police resources to respond to crime and other public safety incidents, including 911 communications, processing of calls for services, routine patrol, police officer response to calls for service, and investigative follow-up of criminal activity. The actual or estimated time spent on supporting basic patrol and investigative services by administrative and technical personnel may be included in baseline services. The NAAD funds must be used for services above the baseline and shall not be used to supplant municipal funds for law enforcement services and shall not be used to support the reallocation of current police services to other locations within the municipality. A law enforcement written agreement between the PHA and municipality is required for NAAD funding of supplemental police services to public housing residents. Current and Supplemental Law Enforcement Services for Public Housing Residents Police Services Current Hours Proposed Hours Difference Between Provided to Public (Baseline Services) Above Baseline Current and Proposed Housing Residents (Funded by NAAD) Patrol Services 1700 1490 3190 Criminal 400 0 400 Investigations Specialized Units 200 361 561 Traffic (if applicable) 400 400 800 Arrests & Processing 1100 1194 2294 Court Time 100 100 200 Dispatch Support 288 0 288 Records Support 150 0 150 Page 10 of 11 Hiring & Training 100 0 100 Administrative Time 520 0 520 Other 200 0 200 Total Time 5158 3545 8703 * The above numbers reflect a one-year time frame, with the approval of NAAD funds an additional 3,184 total hours above baseline will be received Pagellofll AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Professional Services FOR AGENDA OF: 12-26-01 Agreement Gold Mountain Golf Complex ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Jim Spencer, Director DATE SUBMITTED: 12-19-01 2. CLEARANCES: 3. EXHIBITS: Professional Services Agreement - COP I ES (Comment on back ifnecessary)¢.;C.~" /] h/I LL BE D ISTRI BUTED Parks & Recreation Director: ,',~ /4 City Attom Risk Manager: City Treasurer: Fiscal & Budget Committ~.' '~- Operations Committee: ~ ~~-~' 4. S~¥ STATEMENT AND REQIJIRE~ FOR COUNCIL ACTION: Mr. Scott Alexander has ~ the Golf Professional at the Gold Mountain Golf Complex since 1984. During this time he and his staffhave contributed greatly to the overall success of the Complex. Scott's selection in 1998 as the "Northwest PGA Golf Professional of the year" serves as testimony to his abilities. Mr. Daryl Mathney, Scott's Partner, has been added as a signature on the agreement to ensure continuity of service in Scott's absence. Daryl has been with Gold Mountain since 1989. 8. RECOMMENDATION: That City Council authorize and direct the Mayor to sign the Professional Services Agreement for the Gold Mountain Golf Complex with Scott Alexander and Daryl Mathney. 9. RESPONSIBLE OFFICIAL: Jim Spencer ENFORCEMENT OFFICIAL: Jim Spencer EXPIRATION DATE: 12-31-01 REVIEW DATE: 12-19-01 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED__~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL #: 2. CLEARANCE COMMENTS: $. IMPACT OF NON-PASSAGE: The Gold Mountain Golf Complex would be without the services of a Golf Professional and sta~ which would sev~-ely damage the reputation and standards as s~t by the Gold Mountain Board of Directors and the Br~nerton City Council. 6. IMPACT ON STAFFING~ BUDGETS~ FACII,ITI~,~ EQUIPMENT OR OTI-IER ]~F,,qOURCES: The compensation values identified in the Professional Services Agreement are consistent with the financial model associated with the Gold Mountain Golf Complex budget. 7. RESEARCH SOURCES: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Lease Agreement FOR AGENDA OF: 12-26-01 Gold Mountain Golf Complex ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Jim Spencer, Director DATE SUBMITTED: 12-19-01 2. CLEARANCES: 3. EXIHRITS: Lease Agreement - COP I ES ~41LL BE (Comment on back if necessary!. ] D I STRI BUTED AT ~4EETING 2/26/01 Parks & Recreation Director:./~4/~. (5/~,~,-'~------- City Risk Manager: City Treasur .er~'//e~X~ Fiscal & Budget Committee: Operations Committee: d~~ ENDORSEMENT )~ INFORMATION APPROVED BY COUNCIL PRESIDENf.~O~I~BMI~: MAYOR: ~,~"~ '~ ~--~ COUNCILPRESIDE~'~~.~.~--~'~'~'~'~"-~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: This is the Clubhouse/Concession Lease Agreement with Scott Alexander and Daryl Matheny for the Gold Mountain Golf Complex. This Lease Agreement is for five years with an opener clause at the end of both years one and two to allow assessment and possible adjustment to the base rent and percentage of gross revenues to reflect the actual performance as it relates to the new clubhouse. Mr. Daryl Matheny, Scott's partner, has been added as a signature on the agreement to ensure continuity of service in Scott's absence. 8. RECOMMENDATION: That City Council authorize and direct the Mayor to sign the Lease Agreement for the Gold Mountain Golf Complex with Scott Alexander and Daryl Matheny. 9. RESPONSIBLE OFFICIAL: Jim Spencer ENFORCEMENT OFFICIAL: Jim Spencer EXPIRATION DATE: 12-3 I-01 REVIEW DATE: 12-19-01 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED__~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL #: CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The Gold Mountain Golf Complex concession operations would severely be interrupted. 6. IMPACT ON STAFFING~ BUDGETS~ FACII,ITIi~.q~ EQUIPMENT OR OTI-~R RESOURCES: The Lease Agreement values have been factored into the Gold Mountain Golf Complex budget. 7. RESEARCH SOURCES: AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Interlocal Agreement - FOR AGENDA OF: December 26, 2001 Cooperative Water System Development in the ORIGINATING DEPT: PW&U.Engi~.. eedng Div. Port Orchard 580 Zone/Bremerton 580 Zone ORIGINATOR: Gene Sampley, Director PW&U ~th~ DATE SUBMITTED: December 12, 2001 2. CI,EARANCES: (comr6ent~,backif~eces~) ~ . 3. _EXHIBITS City Attorney ~~7~,~/_:~4~~_ __~_~ A. Proposed Interlocal Agreement Director, Community Development Council Budget a Finance Committee.~/~..4. ~,.~)/ Operations Committee W T ON 4. ' stJam Y m gtrnm m cotrff Ac os: Bremerton and Port Orchard (collectively, the Cities) have been working together to develop a mutually beneficial plan for the joint development of the water systems serving their common 580 ft. elevation pressure zones. The Cities signed a Letter of Intent in October as the basis for an inteflocal agreement establishing a long range plan and a capital facilities plan for water service in the area. The attached Interlocal Agreement sets forth the details of the agreement to provide water service for the areas generally known as 4200 Feigley and Northwest Corporate Campus in Bremerton's water service area and McCormick Woods, McCormick North, and McCormick West in the City of Port Orchard's water service area. Staff recommends that the City Council authorize the Mayor to sign the attached Interlocal Agreement for Cooperative Water System Development in the Port Orchard 580 Zone/Bremerton 580 Zone. 8. RECOMMENDATION: Move to authorize the Mayor to sign the attached Interlocal Agreement for Cooperative Water System Development in the Port Orchard 580 Zone/Bremerton 580 Zone. 9. RESPONSIBLE OFFICIAL: Director PW&U ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OFACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE DATE:~__I_~ 11. AGENDA BILL NO: 0 / - o] ~,~ 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Bremerton will have to provide separate, independent infi-astmcture for its 580 Zone service area and will not be able to provide fireflow service to Northwest Corporate Campus as scheduled. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: No impact on staEfing. The cooperation between Bremerton and Port Orchard will allow the two water systems to jointly benefit from water availability and service capabilities. This will result in considerable savings to Bremerton in developing its new West 580 Zone water system. 7. RESEARCH SOURCES ab, Agenda Bills 2001, LOI Bremerton & Pot~ Orchard Water From: Loren Combs To: Chris Hugo; Gene Sampley Date: 12/12/01 9:34 AM Subject: Re: Agenda Bill - ILA wi Port Orchard Okay guys, this one puts me in a tough situation. In my contract with the City o1' Bremerton, I am prohibited from advising the City on anything that would put me in conflid with my duties as City Attorney for Port Orchard. Thus, you have to take everything ! put in here with the underMandlng that you should seek independent legal counsel if It,em are any questions you have with regards to this agreement. Also, I cannot advise either side as to the economics, as that would put me in a position where there might be a perceived disclosure of confidential information that may or may not have been supplied by one or the other City. Not only would I never violate a conf'~ence of a client, Dut I don't even want to be in the position where I could be perceived as having violated that confidence. That being said, I think this is a great plan for both jurisdictions and it is a good agreement. The only things that I see that both parties should consi(ler eddings are as follows: 1. A provision indemnifying and holding the other harmless from any contamination that may be cauaecl by either party's water supply or the acts or missions of the other party; and 2. I am not sure it is needed, but. is them a need to plug in some Umelines for performance on any Improvements that need to be constructed In order to make all of this happen? Loren >>> Gene Sampiay 12112/01 07:4BAM >>> The attached agenda bill is going to the Mayor today. Port Omherd will cort~ider ti on 12/20 and we should have the signed agreement from them tmfore this goes to Council on the 26th. There are Night changes in both documents, only one of any ~ignir~,ance, probably only ~ignific, ant to me. I~e hi-lighted the changes form the I~st draft for your convenience. CC: dclQmcgavick.com 3/ INTERLOCAL AGREEMENT for Cooperative Water System Development in the Port Orchard 580 Zone I Bremerton 580 Zone THIS AGREEMENT is made and entered into this day of ,2001, by and between the CITY OF BREMERTON, a municipal corporation, hereinafter referred to as Bremerton, and the CITY OF PORT ORCHARD, hereinafter referred to as Port Orchard. FACTUAL BACKGROUND: 1. Port Orchard's 580 zone water system and the Bremerton's 580 zone water system abut at Old Clifton Road. 2. Reliability and Efficiency of Service - Port Orchard and Bremerton desire to provide the highest reliability of service to their customers at reasonable cost. The Cities recognize that water resources are finite and vulnerable and that prudent use and management of these resources can be facilitated by cooperation among water utilities. The Cities agree that cooperation in the construction, operation and management of the water systems that serve the Port Orchard 580 and Bremerton 580 zones will: · Improve overall system reliability, · Enhance the manageability of the systems, · Provide opportunities for conjunctive use of water supplies, · Delay the need to develop new water sources, and · Result in cost efficiencies for both systems 3. Deferral/Phasing of Bremerton Infrastruc:h~re - Currently, Bremerton has no significant system improvements in its 580 zone. To serve the 580 zone, Bremerton must construct new pumping, storage, transmission and distribution facilities. Port Orchard has existing storage and transmission mains in its 580 zone. These facilities have excess capacity on an interim basis. The Port Orchard 580 and Bremerton 580 zones can be made hydraulically consistent so that the excess capacity of the Port Orchard system can be utilized by Bremerton. Cooperation with Port Orchard will allow phasing of Bremerton system improvements, deferring capital expenditures and reducing the overall system cost. 4. ~haring of Existing Port Orchard Reserv~3ir Site - Bremerton requires a site for a future reservoir to serve its 580 zone. Port Orchard owns a site at the regional topographic high point. The site is large enough to accommodate a future Bremerton reservoir. 5. Eliminati(~n (~f Duplicate Pump Staticms - A portion of the Port Orchard service area is too high to be served by the existing Port Orchard 580 zone reservoir. Port Orchard plans to create a new 660 pressure zone, served by a new pump station, to serve this high area. A portion of the Bremerton 580 zone is also too high to be served by its future n~RRRI3.1,~4."4 rln~. P~n~ I nCR Bremerton reservoir and service to this area will also require a new high pressure zone and pump station. It is logical and cost effective to coordinate service to these adjacent high areas so that only a single new high pressure zone and pump station is required. 6. Satisfaction of Pnrt Orchard Water Source Requirements - Port Orchard requires an additional source of supply to satisfy its 2017 system growth projections. Port Omhard has applications pending for additional water rights, but the ultimate disposition of these applications is uncertain. Bremerton has available source of supply to provide to the City of Port Orchard on a long term, uninterruptible basis. 7. RCW 39.34 and 35.92.200 empower Bremerton and Port Orchard to enter into a cooperative agreement for providing outside water service. IT IS AGREED: 1. COOPERATIVE WATER SYSTEM DEVELOPMENT PLAN: Port Orchard and Bremerton agree to cooperate in the design, installation, operation and management of major water system infrastructure and water supply to serve the Port Orchard 580 zone, the Bremerton 580 Zone and the future Port Orchard/Bremerton 660 zone, as outlined in the attached Cooperative Water System Development Plan, (The Cooperative Plan). The Cooperative Plan, which is attached and made a part hereof, has been reviewed and is approved upon adoption of the Interlocal Agreement by the City Councils for Bremerton and Port Orchard. 2. SERVICE AREA: Nothing in this agreement is to be construed as changing or altering the water service area boundaries that exist as of the date of this agreement. 3. RESALE: Water supplied under this agreement shall not be resold to third party utilities without the prior written consent of the supplying utility. 4. WATER SUPPLY: 4200 Feigley Property. - Port Orchard agrees to supply water for domestic use and fireflow to the 4200 Feigley Property from its 580 pressure zone via its 16 inch water main in Old Clifton Road, until such time as a separate Bremerton watermain in Old Clifton Road (or its equivalent) is constructed and operational. Fireflow rates/volumes and domestic/fireflow service pressures supplied by Port Orchard will be a minimum of 1,700 gpm for one hour at a minimum of gradient of 540 at the connection. Bremerton agrees to supply water to Port Orchard, via its 12 inch Campus Parkway watermain (Old Clifton Road connection), to replenish the water supplied by Port Orchard to the 4200 Feigley property. The water supplied by Bremerton to Port Orchard will be delivered at a minimum hydraulic gradient of 580. The volume of water supplied by Port Orchard to the 4200 Feigley property shall be replenished by Bremerton on a continuous basis, or as otherwise agreed to. 660 Zone - Upon implementation of the 660 zone, Port Orchard agrees to supply water for domestic use and fireflow to Bremerton's 860 service area, via the 660 pump station. Fireflow rates/volumes and domestic/fireflow service pressures supplied by Port Orchard will be agreed to and approved by both Port Orchard and Bremerton pdor to implementation of the 660 zone. Bremerton agrees to supply water to Port Orchard, via the Campus Parkway connection or reservoir site connection, as applicable, to replenish the water supplied by Port Orchard to Bremerton's portion of the 660 service area. The water supplied by Bremerton to Port Orchard will be delivered at a minimum hydraulic gradient of 580. The volume of water supplied by Port Orchard to Bremerton's 660 service area shall be replenished by Bremerton on a continuous basis, or as otherwise agreed to. Fireflow and Emergency Supply - Port Orchard agrees to supply the Bremerton 580 zone with fireflow, via the Old Clifton Road connection or reservoir site connection, as applicable, until such time as a separate Bremerton storage reservoir is constructed and operational. Fireflow will be provided at a maximum rate of 1,700 gpm for a maximum period of 3 hours at a minimum gradient of 540 at the connection. If either Bremerton or Port Orchard has a need for an emergency water supply (other than fireflow), it shall notify the other utility of this and of the volume required prior to activating the connection between the two systems. Notification of this need may be verbal, but it will be followed up within 10 working days by written confirmation. The emergency supply of water between each system shall not be unreasonably be denied by either party. The volume of water supplied for fireflow or emergency supply shall be replenished by the receiving utility to the supplying utility within 24 hours after the emergency, or as otherwise agreed to. Bremert¢3n Llninteruptible Supply te Pert Orchard - Beginning on January 1, 2004 (or at a later time agreed by the parties, Bremerton agrees to supply a uninterruptible water supply to the Port Orchard 580 Zone of up to a maximum of 285 ac.-ft, on a yearly basis, at a maximum rate not to exceed 350 gpm, via the Old Clifton Road connection or reservoir site connection, as applicable. This supply is in addition to water supplied by Bremerton to Port Orchard for service of the 4200 Feigley property, the Bremerton 860 zone, emergency purposes or for service of other portions of the Bremerton service area that may be included in this agreement (and served via the Port Orchard system) in the future. The water supplied by Bremerton to Port Orchard will be delivered at a minimum hydraulic gradient of 580. Port Orchard agrees to compensate Bremerton for this long term water supply in accordance with the terms of this agreement. The water supplied by Bremerton to Port Orchard shall be firm and uninterruptible until such future time as Port Orchard may secure new water rights to replace the Bremerton supply. Port Orchard agrees to make diligent, continuous, best efforts to acquire water rights to replace the Bremerton supply. Nothing in this Agreement shall abrogate Port Orchard's obligation to provide its water supply needs through its own sources at the earliest possible date. Bremerton agrees that if new water rights are not secured, the water supplied by Bremerton will continue indefinitely. For purposes of this Agreement Port Orchard is a wholesale customer of the City of Bremerton and will make no claim to any Bremerton water right. 5. WATER QUALITY: Bremerton agrees to deliver water to Port Orchard at the purity and quality in effect for residential customers of Bremerton. Port Orchard agrees to deliver water to Bremerton at the purity and quality in effect for residential customers of Port Orchard, except that water delivered by Port Orchard to Bremerton shall not be fluoridated. In the event of water quality problems in either system, Bremerton and Port Orchard agree to work cooperatively and diligently to determine the source/location of the problem and correct it. Regardless of the source/location of water quality problems, each party agrees to assume the cost of correcting water quality problems in its own system. 6. COMPENSATION: For purposes of this agreement the cost of water shall be fixed at ninety-five percent (95%) of Bremerton's County retail rate. In calculating costs, the Master Connection between the Port Orchard and Bremerton systems shall be assumed to be an 8 inch meter (regardless of actual meter size). For all other connections between the systems, the meter size for billing purposes shall be the actual installed size. All water provided from or to either utility will be charged at this cost, unless otherwise agreed to. Payment for supplied water shall be made monthly by the receiving utility, upon receipt of an invoice from the supplying utility. Any and all fixed costs for a meter connection shall cease at such time that the receiving utility notifies the supplying utility that the connection is no longer necessary for normal domestic supply. After this notification, if the connection remains in place for purposes of emergency supply, it will not be subject to the fixed cost portion of a rate structure, although any water used for emergency purposes will be subject to the agreed upon unit rate for water use. This agreement is based on the City of Bremerton's current rate structure, as of the date of this agreement. This rate structure consists of two parts: a fixed cost (based on meter size) and a variable cost (based on the actual volume of water purchased). It is acknowledged that changes to this rate structure may occur during the life of this agreement. It is agreed by the parties that any further rate structure changes to add progressive rates for increased water usage, will accommodate the fact that the water supplied under this agreement will serve a large number of ERU's and that the estimated total number of ERU's served will be used to calculate the volume of water in each rate tier. 7. WATER CONSERVATION: Port Orchard has begun to prepare and implement a water conservation plan for the Port Orchard 580 zone. The goal of this plan is to reduce domestic water consumption in the Port Orchard 580 zone. Upon execution of this agreement, Port Orchard will move to complete and implement the conservation plan. During drought conditions or other supply shortages suffered by Bremerton for any reason, it is agreed that Port Orchard customers using Bremerton supplied water will comply with similar restrictions and conservation measures required or requested of Bremerton customers according to Bremerton's Water Conservation Plan. 8, NOTICES: All notices and other wdtten communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery, if personally delivered, or at the time of mailing if mailed by first class, postage pre-paid and addressed to the party at its address as stated below, or at such address as any party may designate at any time in writing. Director of Public Works & Utilities City Engineer City of Bremerton City of Port Orchard 3027 Olympus Ddve 216 Prospect Street Bremerton, WA 98310-4799 Port Orchard, WA 98366 9. SEVERABILITY: It is the intent of the parties that if any provision of this contract or its application is held by a court of competent jurisdiction to be illegal, invalid, or void, the validity of the remaining provisions of this contract or its application to other entities, or circumstances shall not be affected. The remaining provisions shall continue in full force and effect. The rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular invalid provision. However, if the invalid provision or its application is found by a court of competent jurisdiction to be substantive and to render performance of the remaining provisions unworkable and non-feasible, it is found to seriously affect the consideration and/or is inseparably connected to the remainder of the contract, the entire contract shall be null and void. 10. MODIFICATION: This Agreement represents the entire agreement between the parties. No change, termination or attempted waiver of any of the provisions of this Agreement shall be binding on either of the parties unless executed in writing by authorized representatives of each of the parties. This Agreement shall not be modified, supplemented, or otherwise affected by the course of dealings between the parties. 11. BENEFITS: This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. The rights granted by this Agreement may not be assigned without the written consent of the Mayor of the City of Bremerton and the Mayor of the City of Port Orchard. 12. ARBITRATION: Disputes under this Agreement shall be settled through binding arbitration and the parties agree and stipulate pursuant to MAR 8.1 that the Mandatory Arbitration Rules for Superior Court shall apply, except Section VIII, Tdal De Novo. 13. Consent: Whenever it is provided in this contract that the prior wdtten consent or approval of either party is required as a condition precedent to any actions, the requested consent or approval shall not be unreasonably withheld. When prior consent is sought, failure of the party to respond in writing within 90 days of the request shall be deemed as the party's consent or approval. This provision does not apply to requests for amendments of this contract. 14. Emergency Situations: Nothing in this contract shall be deemed to preclude either party from taking necessary action to maintain or restore water supply in emergency situations and such action shall not be deemed a violation of this contract. 15. No Joint Venture - Individual Liability: This is not an agreement of joint venture or partnership. No provision of this contract shall be construed so as to make either party individually or collectively a partner or joint venture with the other party. Neither party is an agent of the other. Neither party shall be liable for the acts of the other in any representative capacity whatsoever. 16. Complete Agreement: This contract represents the entire agreement between the parties hereto concerning the subject matter hereof. This contract may not be amended except as provided herein. 17. Venue, Jurisdiction and Specific Performance: In the event of litigation between the parties, venue and jurisdiction shall lie with the Kitsap County Superior Court of the State of Washington. The parties shall be entitled to specific performance of the terms hereof. 18. Default: In the event of default of any provision of the contract, the non- defaulting party shall send written notice to the other party setting forth the nature of the default. If the default is for a monetary payment due hereunder, the defaulting party shall have thirty (30) days to cure the default. In the event of other defaults, the non-defaulting party shall use its best efforts to cure the default within ninety (90) days. If such default cannot be reasonably cured within such ninety (90) day period, the non-defaulting party shall, upon wdtten request prior to the expiration of the ninety (90) day period be granted an additional sixty (60) days to cure the default. 19. Force Majeure: The time periods for either party's performance under any provisions of this contract shall be extended for a reasonable period of time when either party's performance is prevented, in good faith, due to fire, flood, earthquake, lockouts, strikes, embargoes, acts of God, war and civil disobedience. If this provision is invoked, the invoking party agrees to immediately take all reasonable steps to alleviate, cure, minimize or avoid the cause preventing such performance, at its sole expense. 20. Successors: This contract shall inure to the benefit of and be binding upon the parties and their successors and assigns. IN WITNESS WHEREOF the parties hereto execute this Agreement this ~ day of ,20 CITY OF BREMERTON CITY OF PORT ORCHARD BY: BY: Mayor Mayor ATTEST: ATTEST: Clerk Clerk APPROVED AS TO FORM: APPROVED AS TO FORM City Attorney City Attomey DEPARTMENTAL APPROVAL: Director of Public Works & Utilities 37 Port Orchard 580 Zone I Bremerton 580 Zone Plan for Cooperative Water System Development This Document provides a plan for cooperative water system development between the City of Port Orchard and the City of Bremerton. The Cooperative Water System Development Plan ("The Cooperative Plan") outlined below describes phased water improvements in the Port Orchard 580 and Bremerton 580 zones which will provide safe, reliable service in an efficient and cost effective manner. Cooperation between the City of Bremerton and the City of Port Orchard in the development of their adjacent water systems will result in the following benefits: A. Reliabili~ and Efficiency nf Servic.~ - Water resources are finite and vulnerable and the prudent use and management of these resources can be facilitated by cooperation among water utilities. Cooperation in the construction, operation and management of the water systems that serve the Port Orchard 580 and Bremerton 580 zones will: · Improve overall system reliability, · Enhance the manageability of the systems, · Provide opportunities for conjunctive use of water supplies, · Will delay the need to develop new water sources, and · Result in cost efficiencies for both systems B. Deferral/Phasing of Bremerton Infrastructure - Currently, Bremerton has no significant system improvements in its 580 zone. To serve the 580 zone, Bremerton must construct new pumping, storage, transmission and distribution facilities. Port Orchard has existing storage and transmission mains in its 580 zone. These facilities have excess capacity on an intedm basis. The Port Orchard 580 and Bremerton 580 zones can be made hydraulically consistent so that the excess capacity of the Port Orchard system can be utilized by Bremerton. Cooperation with Port Orchard will allow phasing of Bremerton system improvements, deferring capital expenditures and reducing the overall system cost. C. Sharing of Existing Port Orchard Reservoir Site - Bremerton requires a site for a future reservoir to serve its 580 zone. Port Orchard owns a site at the regional topographic high point. The site is large enough to accommodate a future Bremerton reservoir. D. Elimination nf Duplicate Pump Stations - A portion of the Port Orchard service area is too high to be served by the existing Port Orchard 580 zone reservoir. Port Orchard plans to create a new 660 pressure zone, served by a new pump station, to serve this high area. A portion of the Bremerton 580 zone is also too high to be served by its future Bremerton reservoir and service to this area will also require a new high pressure zone and pump station. It is logical and cost effective to coordinate service to these adjacent high areas so that only a single new high pressure zone and pump station is required. E. Satisfaction of Pert Orchard Water Source Requirem~qt.~ Port Orchard requires an additional source of supply to satisfy its 2017 system growth projections. Port Orchard has applications pending for additional water dghts, but the ultimate disposition of these applications is uncertain. Bremerton has available source of supply to provide to the City of Port Orchard on a long term, uninterruptible basis. The Cooperative Plan will be implemented in four phases, as described below. Attached is a summary chart which provides a quick one page synopsis of the main points of The Cooperative Plan. Also attached is a map of The Cooperative Plan area (Figure 1) with key landmarks noted. For purpose of this Cooperative Plan, a Port Orchard 580 zone ERU connection is defined as a single family residential connection or, if other than single family, a connection which has an average daily demand of 290 gpd and a maximum daily demand of 650 gpd, and a Bremerton 580 zone ERU connection is defined as a single family residential connection or, if other than single family, a connection which has an average daily demand of 202 gpd and a maximum daily demand of 392 gpd. Phase I extends from the present through 923 Port Orchard ERU connections in the Port Orchard 580 Zone (approximately year 2004) ~r through 1,260 Bremerton ERU connections, in the Bremerton 580 Zone, whichever occurs first. During Phase I the 4200 Feigley property will be served by Port Orchard with water replenished by Bremerton, Phase I of the Northwest Corporate Campus will be served by the Bremerton system, and the McCormick Woods PUD and McCormick West will be served by the Port Orchard system. Ph=_e~_ I Wnt~_r ~.v_~t~_m Plan: In Phase 1, Bremerton will construct new Pump Station 2A, a new 12 inch transmission main in Campus Parkway (from pump station 2A to Old Clifton Road) and a new connection between the Port Orchard and Bremerton systems at Old Clifton Road (termed the Old Clifton Road connection). Port Orchard will provide up to 1,700 gpm of emergency firefiow for up to 3 hours to the Bremerton system, via the new Old Clifton Road connection. This will defer the need for Bremerton to construct a separate new storage reservoir in the 580 zone and a separate new water main in Old Clifton Road. Water will also be supplied from Bremerton to Port Orchard, via this connection, in the event of a supply emergency in the Port Orchard system. The 4200 Feigley property is within the Bremerton service area and its internal water system will be constructed, owned and operated by Bremerton. In Phase 1, the 4200 Feigley project will connect to, and be supplied water from, the existing Port Orchard 16 inch water main in Old Clifton Road. This will defer the need for Bremerton to construct a separate new water main in Old Clifton Road. Bremerton will supply water to the Port Orchard system, via the Old Clifton Road connection, to replenish the water supplied by Port Orchard to the 4200 Feigley property. Port Orchard and Bremerton will also replenish and/or reimburse each other for water supplied for emergency and/or fireflow purposes. Specific responsibilities in Phase 1 are: Consistent Pressure Gradient - A consistent pressure gradient between the Bremerton and Port Orchard systems is required to facilitate cooperative service. Therefore, as part of Phase 1, Bremerton will adjust its adjacent water system to a 580 pressure gradient so that it is consistent with the hydraulic gradient in the Port Orchard system. The adjustment of Bremerton's hydraulic gradient may require revisions to the design of Bremerton's planned Pump Station 2A. These revisions are the responsibility of Bremerton. All planning and design revisions necessary to accomplish the change in hydraulic gradient shall commence upon execution of this agreement and be completed by January 1, 2002. Rremerton pump Station 2A - In Phase 1, Bremerton will construct, operate and maintain pump station 2A to supply a minimum of 1,600 gpm at a hydraulic gradient of 580 at the Port Orchard reservoir. Pump Station 2A will be equipped with a standby power generator sufficient to maintain operation of the pump station during a power outage. The pump station will be completed and operational by July 1,2002. 12 inch Transmission Main in Campus Parkway - Bremerton will construct, operate and maintain a 12 inch transmission main in Campus Parkway from Pump Station 2A to the Old Clifton Road connection with the existing Port Orchard 16 inch water main. This transmission main shall be completed and operational by July 1, 2002. Connection between the Bremerton and Port Orchard Systems at Old Clifton Rc~acl - Bremerton will construct a connection (including meter) between the 12 inch transmission main in Campus Parkway and the existing Port Orchard 16 inch water main in Old Clifton Road (Old Clifton Road connection). The meter shall be capable of measuring the flow of water both from Bremerton to Port Orchard and from Port Orchard to Bremerton. The specific design and method of operation of the connection/meter shall be approved by both Port Orchard and Bremerton prior to installation. Construction and maintenance of the connection/meter is the responsibility of Bremerton but the cost of construction, operation and maintenance will be shared equally by both Port Orchard and Bremerton. The connection shall be completed and operational by July 1, 2002. Port Orchard and Bremerton shall work together to secure Washington State Department of Health and Washington State Department of Ecology approval of the connection. If amendments to water system plan documents are required these shall be completed by each system at its own expense. If additional specific studies/designs are required to secure approval of the connection these shall be completed as agreed to and the cost shared equally by both Port Orchard and Bremerton. Fireflow for Northwest Co.morate Campus - Fireflow for the Northwest Corporate Campus is reported by Bremerton to be 1,700 gpm for 3 hours. Port Orchard has approximately 306,000 gallons of available storage in its existing reservoir which allows Port Orchard to provide up to 1,700 gpm of fireflow for 3 hours to the Bremerton system (at a minimum hydraulic gradient of 540). With Port Orchard supplying 1,700 gpm fireflow, Bremerton need not supply any fireflow directly from Pump Station 2A. If the fireflow requirement at Northwest Corporate Campus increases above 1,700 gpm due to unforeseen circumstances, Bremerton will supply the fireflow amount above 1,700 gpm. Port Orchard's supply of 1,700 gpm for 3 hours for fireflow is contingent on the approval of the local fire distdct and the Washington State Department of Health to allow standby and fireflow storage to utilize the same volume (in the Port Orchard 580 reservoir). Port Orchard and Bremerton will work together to secure these approvals. Service to 4200 Fei_.qley Property. - Bremerton will construct a connection (including meter) between the 4200 Feigley water system and the existing Port Orchard 16 inch water main in Old Clifton Road (Feigley connection). The meter shall be capable of measuring the flow of water from the Port Orchard system to the 4200 Feigley system. The specific design and method of operation of the connection/meter shall be approved by both Port Orchard and Bremerton pdor to installation. Construction, operation, maintenance and all associated costs of the connection/meter is the responsibility of Bremerton. 660 Pressure Zone - Port Orchard will create a 660 pressure zone by designing, constructing, operating and maintaining a new pump station at the 580 reservoir site. The 660 pump station will be designed and constructed to service area in both Port Orchard and Bremerton. The 660 pump station will be designed to supply domestic demands and fireflow, in accordance with applicable state regulations. The 660 pump station will be equipped with a standby power generator sufficient to maintain operation of the pump station during a power outage, in accordance with applicable state regulations. Design and construction of the 660 pump station, and implementation of the 660 zone, will begin at a future date to be agreed on by Bremerton and Port Orchard. Design of the 660 pump station, the 660 zone boundaries, the number of connections to be served and required fireflow will be approved by both Port Orchard and Bremerton pdor to implementation. The cost of design and construction of the 660 pump station will be shared by Bremerton and Port Orchard on a pro-rata basis, based on the total number of ERU connections within the 660 zone. Distribution mains within the 660 zone will generally be the individual responsibility of Port Orchard and Bremerton, depending on which service area they serve. The cost of shared distribution facilities in the 660 zone, if any, will be shared by Bremerton and Port Orchard on a pro-rata basis based on the total number of ERU connections served by the facility. Water supplied from the 660 pump station to the Bremerton service area will be metered. The specific design and method of operation of the connection/meter shall be approved by both Port Orchard and Bremerton pdor to installation. Construction, operation, maintenance and all associated costs of this connection/meter is the responsibility of Bremerton. Bremerton will supply water to the Port Orchard system, via the Old Clifton Road connection, to replenish the water supplied by Port Orchard to the Bremerton service area within the 660 zone, including domestic, fireflow and emergency supply. Phase 2 extends from 923 Port Orchard ERU connections in the Port Orchard 580 Zone (approximately year 2004) through 1,500 Port Orchard ERU connections (approximately year 2007) ~r through 3,350 Bremerton ERU connections in the Bremerton 580 Zone, whichever occurs first. Ph.~ 2 Water ~.v~t~m In Phase 2, Bremerton will provide a long term, uninterruptible source of supply to the Port Orchard system of up to 285 ac.-ft, on a yearly basis, at a maximum rate not to exceed 350 gpm. This supply is in addition to water supplied by Bremerton to Port Orchard for service of the 4200 Feigley property, the 660 zone or for emergency purposes. This source of supply will be provided by upgrading the capacity of Bremerton Pump Station 2A (unless it was oversized in Phase 1). In Phase 2, Port Orchard will continue to provide up to 1,700 gpm of emergency fireflow for up to 3 hours to the Bremerton system at a minimum hydraulic gradient of 540, via the Old Clifton road connection, and Port Orchard will continue to supply water to 4200 Feigley via the Feigley connection, deferring Bremerton transmission main and storage improvements. In Phase 2 water will also be supplied between the systems, via the Old Clifton Road connection, in the event of a water supply emergency in either system. Specific responsibilities dudng Phase 2 are: Bremerton Pump Station 2A - In Phase 2, Bremerton will upgrade the capacity of Pump Station ZA to accommodate the supply of a maximum of 350 gpm to the Port Orchard water system. All incremental costs associated with the required capacity upgrades to Pump Station 2A will be the responsibility of Port Orchard. The pump station capacity upgrades will be completed and operational within one year of Port Orchard's request, in wdting, that the source be made available, but no sooner than January 1, 2004. 12 inch Transmission Main in Campus Parkway - If the supply of an additional 350 gpm to the Port Orchard system requires upgrading the capacity of transmission mains in Campus Parkway, the cost of these upgrades will be the responsibility of Port Orchard. However, Bremerton will cooperate with Port Orchard to minimize the need for transmission main upgrades by managing its system as efficiently as possible, including utilizing distribution mains as transmission facilities where feasible. Bremerton Uninterruptible Supply to Port Orchard - Beginning in Phase 2, Bremerton will provide a uninterruptible source of supply to the Port Orchard 580 Zone of up to a maximum of 285 ac.-ft, on a yearly basis, at a maximum rate not to exceed 350 gpm, via the Campus Parkway or reservoir site connection, as applicable. This supply is in addition to water supplied by Bremerton to Port Orchard for service of the 4200 Feigley property, 660 zone or for emergency purposes. The water supplied by Bremerton to Port Orchard will be delivered at a minimum hydraulic gradient of 580 (at the 580 reservoir). The water supplied by Bremerton to Port Orchard shall be firm and uninterruptible until such future time as Port Orchard may secure new water rights to replace the Bremerton supply. Port Orchard agrees to make diligent, continuous, best efforts to acquire water rights to replace the Bremerton supply. Nothing in this Agreement shall abrogate Port Orchard's obligation to provide its water supply needs through its own sources at the earliest possible date. Bremerton agrees that if new water rights are not secured, the water supplied by Bremerton will continue indefinitely. For purposes of this Agreement Port Orchard is a wholesale customer of the City of Bremerton and will make no claim to any Bremerton water right. Bremerton will coordinate its operation and maintenance of pump station 2A so that interruptions, if any, in water supplied to Port Orchard occur dudng Iow water use periods. Regulatory. Approvals - Port Orchard and Bremerton shall work together to secure Washington State Department of Health and Washington State Department of Ecology approval of Bremerton's supply to Port Orchard. If amendments to the water system plan documents are required these shall be completed by each system at their own expense. If additional specific studies/designs are required to secure approval these shall be completed as agreed to and the cost shared equally by both Port Orchard and Bremerton. Phase 3 extends from 1,500 Port Orchard ERU connections in the Port Orchard 580 Zone (approximately year 2007) through 2835 Port Orchard ERU connections in the 580 Zone (full buildout - approximately year 2018) or through 3,350 Bremerton ERU connections in the Bremerton 580 Zone, whichever occurs first. Pha~e ;3 W~t~_r -~.vKtem Plan: After approximately 1,500+/- ERU connections in the Port Orchard 580 Zone, the existing Port Orchard 16 inch main in Old Clifton Road may not have sufficient capacity to supply fireflow to the Bremerton system. In Phase 3 Bremerton will construct a permanent transmission main in Old Clifton Road from Campus Parkway to the Port Orchard reservoir and 4200 Feigley will be disconnected from the Port Orchard 16 inch main and served from this new Bremerton main. In Phase 3 the connection between the Port Orchard and Bremerton systems at Old Clifton Road will be relocated to the Port Orchard reservoir site (termed the reservoir connection). In Phase 3, Port Orchard will continue to provide up to 1,700 gpm of emergency fireflow for up to 3 hours to the Bremerton system at a minimum gradient of 540, via the reservoir connection, deferring the need for Bremerton to construct a separate new storage reservoir in the 580 zone. During Phase 3, Port Orchard will construct a second reservoir on its existing reservoir site to satisfy its growth requirements in its 580 zone. Port Orchard will coordinate the design of this second reservoir with Bremerton so that space is available at the Port Orchard site for a future Bremerton reservoir(s). Specific responsibilities during Phase 3 are: Bremerton 12 inch Transmission Main in Old Clifton Road - Bremerton will construct, operate and maintain a 12 inch transmission main in Old Clifton Road from Campus Parkway to a connection with the Port Orchard water system at the Port Orchard reservoir site (reservoir connection). The transmission main will be completed and operational within 1 year of Port Orchard's request, in wdting, that the main be constructed, but no sooner than 2007. If Bremerton's long term supply of 350 gpm to the Port Orchard system requires upgrading the capacity of the Bremerton transmission main in Old Clifton Road, the cost of this upgrade will be the responsibility of Port Orchard. However, Bremerton will cooperate with Port Orchard to minimize the need for transmission main upgrades by managing its system as efficiently as possible, including utilizing distribution mains as transmission facilities where feasible. Relocation of the Connection between the Bremerton and Port Orchard System~ - As an element of the installation of its transmission main in Old Clifton Road, Bremerton will relocate the Old Clifton Road connection and meter to the Port Orchard reservoir site (reservoir connection). The specific design and method of operation of the connection/meter relocation shall be approved by both Port Orchard and Bremerton prior to installation. Installation and maintenance of the connection/meter at the reservoir site is the responsibility of Bremerton, but the cost of installation, operation and maintenance will be shared equally by both Port Orchard and Bremerton. The construction schedule for relocation of the connection/meter shall be coordinated with Port Orchard to avoid disruptions in supply to Port Orchard. Regulatory. Approvals - Port Orchard and Bremerton shall work together to secure Washington State Department of Health and Washington State Department of Ecology approval of the connection relocation. If amendments to the water system plan documents are required these shall be completed by each system at their own expense. If additional specific studies/designs are required to secure approval these shall be completed as agreed to and the cost shared equally by both Port Orchard and Bremerton. There is no specific timetable for the start of Phase 4. Phase 4 begins when Bremerton requires separate standby storage in its 580 Zone and/or when separation of the Port Orchard and Bremerton systems is desired by either City, whichever occurs first. ph=_~e 4 Water R.v~tem Plan: In Phase 4, the Bremerton and Port Orchard systems will be functionally separated. Bremerton will construct separate storage reservoir(s) on the Port Orchard reservoir site(s) and a separate distribution main in Old Clifton Road (if necessary). In Phase 4 Bremerton will provide its own fireflow. Port Orchard will provide space within its reservoir site to Bremerton for a reservoir, when requested to do so by Bremerton. Specific responsibilities during Phase 4 are: Bremerton Storage Reservoir(s) to be located on the Port Orchard Reservoir Site(s) (Tax Parcel Nos_ 0723-011-006-20 and 0823-012-001-20) - Port Orchard will make land available on its reservoir site(s) for Bremerton to construct, operate and maintain a separate storage reservoir or reservoirs to serve the Bremerton 580 zone. The exact location of the Bremerton reservoir(s) will be determined by mutual agreement prior to construction. Title for the land on which the Bremerton reservoir(s) are built will remain with Port Orchard. Port Orchard will grant a permanent easement to allow Bremerton to construct, maintain and operate the reservoir(s) and associated water mains and appurtenances on the site in perpetuity, at no cost to Bremerton. Each party shall be responsible for the cost of construction, site restoration, operation and maintenance of its own reservoirs and water system infrastructure on the reservoir site(s). After construction of the Bremerton reservoir, the cost of routine maintenance of the reservoir grounds and access roads will be shared equally by Bremerton and Port Orchard. Due to uncertainties regarding future land use and sensitive area codes, Port Orchard will not warrant that any specific area, size or shape of land will be available for use by Bremerton. However, from the date of this agreement Port Orchard will coordinate with Bremerton regarding its future space requirements pdor to constructing any additional infrastructure on the site(s). Separation of the Bremerton and Port Orchard Systems - Separation of the Bremerton and Port Orchard systems and/or restoration of both systems to a permanent configuration may require the removal and/or relocation of temporary piping, valving meters, etc., the addition of new connections at the reservoir site, etc. The cost of these miscellaneous adjustments will be shared equally between Bremerton and Port Orchard unless it is cleady demonstrated that the work is for the benefit of a particular system. Mnnitnrina_ of S~J.n.nli~d Water All water supply delivered as described in this plan shall be measured by the supplying utility using electronic metering equipment of a type which is agreeable to each utility. Meters shall be read and metering results shall be reported to the receiving utility on a monthly basis, or at such frequency as may othe~ise be agreed to by the parties. The metering equipment shall be furnished, installed, maintained, and calibrated by the receiving utility, as specified below. Calibration shall be done at least once every three (3) years and a copy of calibration results submitted to the supplying utility. Both utilities shall have access to and be permitted to install and maintain its own monitoring and recording system at its own expense. 4200 Feigley meter - For this connection Port Orchard is the supplying utility and Bremerton is the receiving utility. 660 Zone meter - For this connection Port Orchard is the supplying utility and Bremerton is the receiving utility. Old Clifton Road connection and/or Reservoir connection rrletem - For these connections Bremerton is the supplying utility and Port Orchard is the receiving utility. However, Bremerton will be responsible for furnishing, installing, maintaining, and calibrating the metering equipment for these connections, and the cost shall be shared jointly. In the event any meter fails to register, or it registers incorrectly, the Water Utility Billing Department for the supplying utility shall estimate the amount of water delivered for the period during which such meter failed to register by taking an average of the total deliveries of water through such meter for the preceding two months in which water was delivered. Each utility shall install, operate, and maintain isolation valves and related facilities on their respective water mains at the point where those mains are interconnected. Each utility shall cooperate with the other utility in coordinating the operation of the isolation valves and related facilities for the purposes of this Agreement. Port Orchard 580 Zone I Bremerton 580 Zone Cooperative Water System Development Plan - Summary Chart Phase Timing Responsibilities Comments Port Orchard Bremerton Joint 1 · Up to 923 ERU in Port ° Provide fir°flow to · Adjust HGL of Zone to 580 ° Secure local fire district and · Defers permanent Orchard 580 (2004) or Bremerton, max 1,700 gpm · Construct interim Pump Station 2A * DOH approval for reservoir Bremerton storage · Up to 1,260 ERU in for 3 hrs. (min. 540 · Construct 12' transmission main from vol. sharing reservoir(s), transmission Bmmerton 580 gradient) Pump Station ZA to Old Clifton Rd. ° Share cost of Old Clifton main in Old Clifton Rd. · Create 660 pressure zone · Construct connection between Port Rd. connection and distribution main in when necessary and Orchard & Bremerton systems (incl, · Share cost of 660 pressure Old Clifton Rd. agreed to meter) at Old Clifton Rd. zone improvements · Provide domestic supply · Construct connection between 4200 and fireflow to 4200 Feigley & exist. Port Orchard 16" main Feigley (incl, meter) · Provide water source for 4200 Feigley and Bremerton portion of 660 zone via Old Clifton Rd. connection 2 ° Up to 1,500 ERU in Port · Pay incremental cost of · Upgrade capacity of Pump Station 2A to · Work together to secure all° Defers permanent Orchard 580 (2007) or upgrading Pump Station provide long term Uninterruptible source regulatory approvals Bremerton storage · Up to 3,350 ERU in 2A to provide additional (350 gpm) to Port Orchard reservoir(s) and trans- Bremerton 580 350 gpm. mission main in Old Clifton Rd. and distribution main in Old Clifton Rd. 3 · Satisfies buitdout ° Construct 2"d reservoir in · Construct permanent transmission main in° Share cost of relocating Old ° Defers permanent requirements of Port Port Orchard 580 Zone Old Clifton Rd. - remove Feigley Clifton Rd. connection Bremerton storage Orchard 580 (2,835 ERU) connection · Work together to secure allreservoir(s) and (2018) · Relocate Old Clifton Rd, connection to regulatory approvals distribution main in Old · or Up to 3,350 ERU in reservoir site (reservoir connection) Clifton Rd. Bremerton 580 4 · Required when Bremerton · Provide space on Port · Construct separate storage reservoir on · Share cost of removal of all · All major infrastructure requires significant Orchard reservoir site for Port Orchard reservoir site temporary piping and any components for both standby storage in 580 Bremerton reservoir · Construct permanent distribution main inadjustments of connection systems are constructed in Zone or when separation Old Clifton Rd. (if required) control valves, meters to their permanent . of systems if required permanent configuration configuration · Satisfies buildout require- ments of Bremerton zone o95560-1,842 Page 10 of 11 HC~G Inc. December 18, 2001 Figure 1 - Port Orchard/Bremerton Cooperative Water System Development Plan AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: December 26, 2001 Collective Bargaining Agreement between the City ORIGINATING DEPT: Human Resources and Police Management Association. ORIGINATOR: Carol Conley DATE SUBMITTED: December 19, 2001 2. CLEARANCES: (Comment on back if neces~ry) 3. EXHIBITS: .t ~ / /,~' .~.. ~,t~oL~ Proposed Collective Bargaining Agreement City Attomey~/~,._ ~, ~ v~ ,/ between the City and Police Management Association City Treasureri Executive Session: 12-19-01 ENDORSEMENTX[O.,o fi,w INFORMATION[] APPROVED BY COUNCIL PRESIDE~R S~flITTAL: MAYOR~ ~, ~ COUNCILPRESIDEN~~__~~/~_~/_ a .~..w'-- 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Police Management Association (PMA) resulting in the attached Collective Bargaining Agreement (CBA). These negotiations have been discussed with Council in Executive Session. This CBA replaces the current one that expires on December 31, 2001. The new CBA is for a two (2) year term, beginning January 1, 2002 through December 31, 2003. It has been ratified by the PMA membership. Council approval is required to implement this agreement. 5. RECOMMENDATION: Motion to approve the Collective Bargaining Agreement by and between the City and the PMA, January 1, 2002 through December 2003, and make the necessary amendments to the budget. 6. RESPONSIBLE OFFICIAL: Carol Conley ENFORCEMENT OFFICIAL: Carol Conley EXPIRATION DATE: 12/31/2001 REVIEW DATE: 1-1-2002 7. NOTICE OF ACTION: PULLED [ ] TABLED [ ] APPROVED [ ] DISAPPROVED[ ] AMENDED [ ] DATE: COUNCIL DIRECTIVE: 2. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 9. IMPACT OF NON-PASSAGE: Failure of the Council to ratify this CBA and provide funding would result in cominuing negotiations between the City and thePMA. 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The cost of these changes will be approximately $ Sufficient funds are available in the budget to cover the cost of implementing this agreement. 11. RESEARCH SOURCES: PROPOSED COLLECTIVE BARGAINING AGREEMENT Between CITY OF BREMERTON and BREMERTON POLICE MANAGEMENT ASSOCIATION OF for January 1, 2002 - December 31, 2003 5( LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND BREMERTON POLICE MANAGEMENT ASSOCIATION JANUARY 1, 20002002 THROUGH DECEMBER 31, 20012003 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 Management Association hereinafter known as the "Association" for the purpose of setting forth the wages, hours and other terms and conditions of employment 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 City's Equal Employment Opportunity Complaint Procedure or the appropriate 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 recognizes the Association as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all employees in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement. ARTICLE 3 .............ASSOCIATION ACCESS 3.1 Association 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. ARTICLE 4 ............ SALARIES 4.1 MONTHLY SALARY RATES -- Monthly salary rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof. Appendix A will be changed as necessary to reflect the following: Collective Bargaining Agreement - Bremerton Police Management Association 1 Janua~, I, 2t)(10201)2 through December 3 l, 2(X)l 2~1~>3 4.1.1 The salary rates for Police Lieutenant and Police Captain will be set so as to maintain the following differentials:: 4.1.1.1.2- The Police Lieutenant top base salary step will be not less than_15% above the top step Police Sergeant base wage rate. 4.1.1.2.2, The Police Captain top base salary step will be not less than 13% above the top step Police Lieutenant base salary rate. 4.1.1.3 Should Section 4.1.1.1 2 which is relative to the "Me to" ULP filed by the B.POG, be determined bv PERC to be illegal., the City and the PMA a~ee to reopen this section for the purpose of creating new contract language to eliminate the connection to the Police Sergeants' top step rate of pay. _ 4.1.24 Effective January 1, 2002_0, employees will receive a three and one-half percent (3.5%) across-the-board cost of living adjustment (COLA). '44-34.1.3 Effective January_ ut-y 1, 20030, employees will receive a three and one-half percent (3.5%) across-the board COLA. 4.2 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 base salary rate and shall be paid as follows: Effective January 1, 2001' Length of Continuous Service Rate Per Hour Collective Bargaining Agreement - Bremerton Police Management Association 2 l o2January 1,2{.",!{!20,,~ through December 31, ,53 0 through 10 years continuous employment 0% Commencing 11 through 15 years continuous employment 2% Commencing 16 through 20 years continuous employment 3% Commencing 21 through 25 years continuous employment 7.75% Commencing 26 years and over continuous employment 9.00% 4.2.1 Effective January 1,2002 t~r LEOFF I employees only: Commencing 21 through 25 years continuous employment 8.25 % Commencing 26 yem's and over continu.ous employment 9.50 % 4.'2.2 Effective July 1, 2002 for LE. OFF I employees only: Commencing 21. through 25 years continuous employment 8.'75 % Commencing 26 years and over continuous employment 10 % 4.2.3 Effective January 1. 2003 for.LEOFF '1' employees only: Commencing 2 l through 25 years continuous employment 9.75% Commencing 26 years and over continuous ernplo~.nent 11% 4.2.4 Effective July ~ ......... ........ v 1, 20034- for LEOFF I employees only: Conm~encing 2l through 25 years continuous employment 10.25 % Commencing 26 years and over continuous emplounent 11..5 %, 4.3 ~PAY RATE WHEN PROMOTED TO A HIGHER CLASSIFICATION -- An employee promoted to a higher classification will receive at least the entry step of the new za!ary ratepay band or a step at least five percent (5%) higher, whichever is greater. However, no employee may be advanced beyond the final step of the new ..... : ...... pay band. 4.3.1 The employee's advancement to the next step of the new ~-~ ..... .~ ratcpay band will be based on the effective date of t~e new salary rate.their iprornotion to the higher classification. 4.4 STEP ADVANCEMENT -- Advancement from Step to Step will occur upon the positive recommendation of the Police Chief and after completion of twelve (12) continuous months of service in each step, based upon satisfactory attainment of established performance standards, and overall satisfactory performance. Step increases may be withheld for a maximum of six (6) months. 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. The denial of a step increase is subject to the grievance procedure. i'r{~pt}~cd Collective Bargaining Agreement - Bremerton Police Management Association 3 __ 1 ........ ) ~ through December 31,200t2~ ~3 January ~.r~'~ · 4.5 TEMPORARY/PROVISIONAL ASSIGNMENT TO HIGHER LEVEL POSITION -- The Police Chief or, in the absence of the Chief, the Mayor may provide a written directive to an employee to perform all or a part of the duties and accept all or a part of the responsibilities of a higher level classification, The employee so directed shall have his cr h.'cr ~alaryhis/her pay rate adjusted for the duration of the assignment as if he-ov-s~he/she had been promoted to the higher classification provided, however, that such adjustment shall be not less than 5%. Other benefits provided such an employee through the provisions of this agreement shall not be affected~ and no benefits of the higher level classification shall apply to the employee during the assignment. This provision shall not apply in situations when the Police Chief designates an employee to serve in an "Acting" capacity less than 30 work days during the absence of the .Police Chief or a fc.rCaptain (Division Commander) due to vacations, while attending conferences, and other such usual and customary absences.absences. 4.6 DEFERRED COMPENSATION ...... Effective January 1, 2002, t:t:he City will match the payroll deduction of any written request by an employee with less than twenty-one years service with the City in an amount not to exceed three-percent (3%). *,Y, ........... ,, }-,~, ,.. ....... ~ ,~o,~ of the employee's base monthly salary rate. Effective January 1, 2003-1-, the City's match will be in an amount not to exceed four-percent (4%) * ...... ~ ....~,~c ....... ~-~ qo/~ · . ' ................. ~' ....... t ..... , of the employee's base monthly salary. This section does not apply to employees with 21 or more years with the City. ARTICLE 5 ............. HOURS OF WORK 5.1 Employees shall work such hours as are assigned by the Police Chief which shall be at least forty (40) hours per week, including paid holiday, vacation and sick leave time. In addition, employees shall serve on emergency standby status during such periods as are assigned by the Police Chief and are subject to emergency callback at any time. Employees covered by this agreement are salaried and exempt from the overtime provisions of the Fair Labor Standards Act. ARTICLE 6 ............. VACATION LEAVE 6.1 VACATION ACCRUAL -- Employees shall accrue vacation time with pay for all regularly scheduled work time including paid leave time pursuant to the following schedule: PERIOD OF CONTINUOUS FULL TIME EMPLOYMENT Date of Hire through Hours Accrued/Year 5 years 104 Hours 6th year 120 Hours 7th year 128 Hours 8th year 136 Hours 9th year 144 Hours 10th year 152 Hours 1 lth year 160 Hours Proposed Collective Bargaining Agreement - Bremerton Police Management Association 4 i-or January 1, .. ....... ()0. through December 3 l, 20012( {} ~ 5¥ 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 6.2 VACATION ELIGIBILITY -- An employee becomes eligible to take accrued vacation time upon completion of six (6) months of continuous employment. Vacation time must be fully accrued prior to the time an employee takes any vacation time off. 6.3 VACATION SCHEDULING -- Annual vacation leave shall be authorized by the Police Chief or the Chief'_s designee. Personnel shall schedule vacation leave by mutual agreement of the employee and the Police Chief or the Chicfs de~ignce..Chief's designee. 6.4 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 Emplo_wnent Maximum Balance 0 through Five (5) years 160 hours More than Five (5) years 300 _a40-hours Vacation leave may be accumulated up to a maximum of three hundred (1300) hours as of November 15th, of any calendar year. Employees with more than three hundred (300) hours accrued as of November 15th will be paid for any accrual over three hundred (300) hours, up to a maximum of 80 hours. Payment shall be made the 1st pa.v period in December. Any accrual in excess of the 80 hours maximun~ payout shall be tbrfeited, and the vacation, leave balance shall be reduced to 300 hours. 1.;~ ^~ t.~.- . ...... *;^~ 1~.,1., .... ~-~ *1.~ .~,,.~;,~,,.~ ,.11~ ..... 1..1 ..... ~,,~.~.- ,,~- +1 ....... -I ~£ ~ ~1 .... 1,,. 6.5 VACATION PAY-OUT -- Upon the retirement or termination of an employee who has served six (6) continuous full months of employment or more, 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. ) 'oposcd Collective Bargaining Agreement - Bremerton Police Management Association 5 i'~>~_LJanuary 1, ~20~12 througl~ December 31, 20012 .I 3 540 ARTICLE 7 ............. HOLIDAYS 7.1 HOLIDAYS OBSERVED -- The following holidays shall be observed by the City: New Year's Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas 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. 7.2 FLOATING HOLIDAY- Each employee shall be allowed one additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief. 7.3 ALTERNATIVE DAYS OF HOLIDAY OBSERVATION -- If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. If the day a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee shall receive an alternate day as a paid holiday. 7.4 HOLIDAY COMPENSATION -~ An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City and for a floating holiday of each employee's choice. ARTICLE 8 ............. SICK LEAVE AND INDUSTRIAL DISABILITY 8.1 SICK LEAVE ACCRUAL -- Employees shall accrue sick leave time with pay at the rate of .046154 hours for all normal hours of work including paid leave. 8.2 MAXIMUM SICK LEAVE ACCRUAL -- Employees shall be able to accrue sick leave to a maximum of one thousand (1000) hours. 8.3 SICK LEAVE INCENTIVE -- An employee who has more than five (5) years of continuous full time paid employment with the City and who takes thirty-two (32) hours or less of sick leave in the calendar year following the fifth year of employment and any subsequent calendar year, shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 8.4 SICK LEAVE RETIREMENT OR DEATH PAYMENT -- An employee who retires from City service on a service retirement shall be provided a Sick Leave Retirement Payment of 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 l~l'Opk,~Cd Collective Bargaining Agreement - Bremerton Police Management Association 6 January 1, =~O0201)2 through December 31, 57 made to the employee at the employee's regular hourly wage rate in effect at the time of retirement or in the event of death, to their designated beneficiary. 8.5 SICK LEAVE USE -- Sick leave must be accrued 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 hours due to: 8.5.1 The temporary disability of an employee resulting from his or her personal illness or injury. 8.5.2 Providing care for an employee's children under the age of 18 when they have a health condition that requires supervision or treatment. 8.5.3 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. 8.5.4 Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave or claim FMLA leave pursuant to Federal Law as may be amended from time to time. 8.5.5 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 unless it qualifies for and is taken as FMLA leave. 8.6 NOTIFICATION OF SICK LEAVE USE -An employee who is absent or expects to be absent from work due to causes specified in 8.5 above, shall provide notification as follows: 8.6.1 ROUTINE APPOINTMENTS -- An employee who schedules a routine medical, dental or oculist appointment shall make every reasonable effort to schedule such an appointment at a time which will cause the least interference with the employee's work hours and duties. 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, in the judgment of the supervisor, the scheduled absence of the employee would unduly interfere 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. 8.6.2 UNANTICIPATED ABSENCE -- An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in Section 8.5 above, shall promptly notify the department by telephone or otherwise by 0800 of the day of his or her scheduled work day. !'*'(~p~.~c~i Collective Bargaining Agreement - Bremerton Police Management Association 7 January I, 2(i!t;',)20{12 through December 3 I~ 2901211(13 8.6.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE -An employee who becomes ill or is injured during the employee's paid vacation may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. 8.7 SICK LEAVE DOCUMENTATION AND APPROVAL -- An employee who has been absent on sick leave shall, within thirty-six hours after returning to work, submit such forms and provide such information as are required by the Department to approve the use of sick leave with pay for the absence. The Department may require an employee to demonstrate that he or she has sought treatment, taken appropriate precautions or otherwise effected measures to correct the condition causing the employee's absence. Such demonstrations may take the form of personal statements of the employee, medical examinations or certifications of appropriate professionals, or other methods appropriate to the circumstances. The Department 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 without posing a health hazard to himself or herself or to other members of the workforce. Sick leave must be approved by the Department prior to payment. The Department shall not unreasonably withhold approval of sick leave with pay from employees. 8.8 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. 8.9 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II EMPLOYEES --An employee who qualifies for and is included in the Washington State Retirement System commonly 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 9 ............. OTHER PAID LEAVE 9.1 BEREAVEMENT LEAVE -An employee will be granted five (5) days of bereavement leave for attending funerals in the State of Washington and seven (7) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandparents and grandchildren 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. 9.2 JURY DUTY, WITNESS LEAVE-An employee shall be granted leave of absence with pay for the purpose of reporting to Jury Duty or if subpoenaed as a witness. Any juror or t'mposed Collective Bargaining Agreement - Bremerton Police Management Association 8 i ,~,,- January 1, 2{.~-',;02002 through December 31, 200121)(~3 witness fees received by the employee for the performance of such duties shall be assigned to the City. 9.3 MILITARY LEAVE -- A l.',:avc c,f ab~cncc withAn 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 Atoned Forces or the State National Guard shall be entitled to military leave with no loss of.pay for a period not to exceed fifteen (15) wofl~ days. 15 ..... , ........ '-;~'~ ,,~ ~ .... o 'MI1 annually. Autho~zed leave of absenc~ for additional or ]on~e~ periods of time assignment to duty functions s~a]l be without pay ~d shah be g~anted by the City. ~mplovee receiving up to fifteen (15) work days of tr~ning or se~ing on active duty shall receive their regular pay and the amount received fi'om the Federal or State government. ( pursuant to RCW 38.40.060 as may be amended from time to time). ~TICLE 10 ............ ~TI~MENT BENEFITS 10.1 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 of each employee shall be reduced by the amount of employee contributions to the respective retirement system, which is picked up by the City. ARTICLE 11 ............ INSURANCE BENEFITS 11.1 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 Plan "A" for Dependents_. · Group Health Cooperative for Employees and Dependents or another plan of equivalent coverage approved by the Insurance Benefit Committee. 11.2 INSURANCE PREMIUM PAYMENTS -- Payment of insurance premiums shall be made as follows: 11.2.1 Employee and dependent premiums will be paid in full by the City for those employees enrolled with KPS. 11.2.2 Employees with coverage through GHC who enroll their dependents, will be required to pay ten dollars ($10) per month per dependent to a maximum of thirty dollars ($30) per month for full family coverage. 11.3 DENTAL INSURANCE -- The City shall provide the same benefit levels as are contained in the Washington Dental Service Plan F dental insurance coverage for employees and their i'rop~}~cd Collective Bargaining Agreement- Bremerton Police Management Association 9 For January I ......... O )~ through December 31, 20012(11~3 dependents and provide for full payment of insurance premiums. Any other plan must be approved by the Insurance Benefit Committee. 11.4 DISABILITY -- Employees who are covered by the Washington State Retirement System commonly known as LEOFF II, shall enroll to receive Long Term Disability Insurance coverage through the provisions of policies held by the City with Standard Insurance Company. The City shall pay a maximum of $12.50 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 Standard Insurance Company through payroll deductions authorized by each enrolled employee. 11.5 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 Association 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. 11.6 INSURANCE COMMITTEE -- The Insurance Benefits Committee shall be comprised off 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. 11.7 KPS COST CONTAINMENT MEASURES: The following cost containment measures under KPS shall become effective January l. 2002: 11.7.1 $10 OFFICE VISIT CO-PAYMENT .... Effective January 1, 2002, employees and dependents enrolled under KPS will pay a $10 co-payment per office visit. Co-payments shall, not appl.v towards satisfaction of the calendar year deductible. 11.7.2 $50 ANNUAL PHARMACY CO-PAYMENT -Effective January_' 1, 2002, employees and dependents enrolled under KPS will pay an additional annual co-pay of $50.00 for covered prescriptions. 11.7.3 Any required co-payqnents shall be the sole responsibility of the employee. l ('"~pt~sctl Collective Bargaining Agreement - Bremerton Police Management Association -- January 1 .......... 0 ~. through December 31, 20012 ARTICLE 12 ............ CLOTHING AND UNIFORM CLEANING ALLOWANCE 12.1 PURCHASE OF UNIFORMS -- The employer shall establish a Clothing Allowance Fund for the Bremerton Police Department. Each police officer shall be furnished uniforms as designated by the Chief of Police. Such uniforms shall be replaced on an as needed basis from the Clothing Allowance Fund, as determined by the Police Department Administration Office. All uniforms purchased by the Employer are to be and remain the property of the Employer. 12 2 CLOTHING ALLOWANCE an. An annual allowance of five hundred dollars ($500.00) will be provided to non- uniformed, sworn personnel with less than twenty-one (21) years service with the City. Such allowance shall be paid during the month of January. The employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal tax code as now written or hereinafter amended. This section does not apply to employees with 21 or more years with the City. 12.3 UNIFORM CLEANING ALLOWANCE -- There shall be an annual uniform cleaning allowance of three hundred ~ollars re~,r,m r:cc^~,; .... · ......... ~ ~rm~ ,~ .......... ~ ,,~:c^~, ~, .... ; .... u ........... '-.-" *-~: .......... ,~ '^ '-;-~ ~ ..... ~-~ ty fi doll ($325 00) p ........... ~ ..................... . .... · ........................... twen - ve ars . er year for employees with less than twenty-one years service with the City. This applies to all personnel covered by this agreement. Such allowance shall be payable in January. An employee will not be required to pay back to the Employer funds received for the purpose of clothing or cleaning allowance after the employee has received such 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 hereinafter amended.. This section does not apply to employees with 21 or more years with the City. 12.4 CLEANING CONTRACT -- In the event the Employer secures a cleaning contract with an independent cleaning company during the term of this Agreement, 12.3 will become null and void. 12.5 ALTERNATE CLOTHING AND UNIFORM CLEANING ALLOWANCE REIMBURSEMENT METHOD -- At the employee's option, in lieu of the provisions of Section 12.2 and 3~c cr ~,c12.3, he/she may submit appropriate receipts for reimbursement of either or both of these allc, wance,~. Tki~ mctk,?,,~, will bc in l'~e,',: e,f tko pr,3v:.~ions of Article 12.2 'an~ ~,,..;.allowances up to the maximum as specified in 12.2 and 12.3 above.. An employee must inform the Treasurer's Office no later than January 1 of each year that 'sl;c, cr hehe/she wishes to utilize this alternative. ARTICLE 13 ............ PERSONNEL PRACTICES Collective Bargaining Agreement - Bremerton Police Management Association [ ,:~' January 1,2'"~921'1 2 through December 31, 2()9!2(}1~3 13.1 DEFINITIONS - For the purpose of interpreting the provisions of this agreement, the following definitions shall apply: 13.1.1 Probationary Employee: An employee serving a twelve-month period commencing upon the initial date of hire 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 and without recourse to the grievance procedure. 13.1.2 Promotional Probation: A twelve-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 Chief of Police consistent with applicable Civil Service Rules and Regulations, and without recourse to the grievance procedure. 13.1.3 LEOFF I Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". 13.1.4 LEOFF II Employee: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I1". 13.2 PROMOTIONS AND VACANCIES- All personnel reductions, filling of vacancies and promotions shall be handled in accord with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 13.3 INDEMNIFICATION OF EMPLOYEES -- The City shall provide legal defense and will pay all legitimate claims, settlements, judgements, 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. ARTICLE 14 ............ TUITION REIMBURSEMENT PROGRAM 14.1 An employee engaged in the pursuit of either undergraduate or graduate degrees related to the Law Enforcement profession shall receive limited tuition reimbursement if he or she meets the following guidelines: 14.1.1 Tuition reimbursement shall be limited only to those courses related to Law Enforcement subjects and with matriculation at an accredited college or university. 14.1.2 The City will reimburse the employee up to a maximum of $75 per quarter credit hour or up to a maximum of $110 per semester credit hour up to a maximum of 12 credit hours for course registration fees only. 12 j'r~po.,cd Collective Bargaining Agreement - Bremerton Police Management Association January 1,2',!t~0201)2 through December 31, 2001 ¢3 14.1.3 Only full time bargaining unit employees in good standing in the Bremerton Police Department are eligible for tuition reimbursement. 14.1.4 Tuition reimbursement shall be made if a grade of C-"C" or better is attained. Employee will be required to furnish proof of payment and an official grade report at the time reimbursement is requested. 14.1.5 The Police Chief shall have the authority to grant tuition reimbursement pursuant to the above provisions, and shall have the authority to disapprove tuition reimbursement if cause is shown. 14.1.6 It shall be understood that training and or study time will be undertaken during off-duty time. ARTICLE 15 ............ MANAGEMENT RIGHTS 15.1 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 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 functions not otherwise expressly limited by this Agreement. Provided, nothing herein shall be construed as a waiver of collective bargaining fights conferred on the parties by RCW 41.56. ARTICLE 16 ............ GRIEVANCE PROCEDURE 16.1 DEFINITIONS 16.1.1 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. 16.1.2 CIVIL SERVICE APPEAL -- An appeal is an allegation of a violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. 16.1.3 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. j'_mpo~cd Collective Bargaining Agreement- Bremerton Police Management Association 13 January l, ~20112 through December 31,200I 2{i){)3 16.2 STEP 1 -- An employee who believes that the terms and conditions of this agreement have been violated shall first discuss the action giving rise to the belief with the Police Chief within fourteen (14) calendar days of the date the action took place or within fourteen (14) days of the date upon which the employee could reasonably have been expected to know of such action. The employee shall have the right to be assisted by an authorized Association representative during this discussion. 16.3 STEP 2 -- In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the grievance to writing and shall state: the section (or sections) of this agreement which is 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. The employee shall have the right to be assisted by an authorized Association representative in reducing his or her grievance to writing. The employee shall present the written grievance to the Police Chief within fourteen (14) calendar days of the date the employee met with the Police Chief. The Police Chief will reduce his or her decision on the grievance to writing and shall transmit the decision to the employee with a copy to the Association representative within fourteen (14) calendar days of receiving the written grievance. 16.4 STEP 3 -- In the event that the Police Chief does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the Association shall, on behalf of the employee, transmit a copy of the original grievance along with a copy of the Police Chief's written response to the Director of Personnel and the Mayor within fourteen (14) calendar days of receipt of the Police Chiefs written response. The Human Resources Manager and the Mayor shall consider the grievance and may convene a meeting with the Association representative in an attempt to resolve the grievance. The Human Resources Manager shall reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Association. 16.5 STEP 4 -- In the event that the Human Resources Manager and the Mayor do not resolve the grievance at Step 3 of this procedure, the Association may request arbitration of the issue by written notification to the Human Resources Manager. The Human Resources Manager and the Association shall meet within fourteen (14) calendar days of the date upon which the Human Resources Manager rendered his or her written decision on the grievance and shall select a neutral arbitrator by mutual agreement or through a mutually agreeable process. 16.6 POWERS AND DUTIES OF THE ARBITRATOR -- It shall be the duty of the arbitrator to conduct a heating 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 nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator shall render a written decision which shall be binding upon the parties. [';'m,o~cd Collective Bargaining Agreement - Bremerton Police Management Association ! ~: January [, 2~1t~)21)112 through December 31,200! 16.7 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. 16.8 TIME LIMITS -- Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Association and the City. All procedures contained herein shall be complied with as expeditiously as practicable. ARTICLE 17 ............ SEVERABILITY 17.1 In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Association and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 18 ............ ENTIRE AGREEMENT 18.1 The Association 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 Association each voluntarily and unqualifiedly agree to waive the 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 mutually agreed upon. ARTICLE 19 ............ CONFLICTING PROVISIONS 19.1 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 20 ............ TERM This Agreement shall become effective January 1, 2',)002002 contingent upon ratification by both parties and shall remain in effect through December 31,29012003 and may be extended thereafter by mutual agreement. The City or the Association may request reopening of this Agreement any time within six (6) months prior to of the expiration date for the purpose of negotiating changes to be effective upon ratification of the agreement by both the City and the Association. Propt~.~cd Collective Bargaining Agreement - Bremerton Police Management Association 1 5 January 1,2{:',~,0201)2 through December 31, 2{)012003 ARTICLE 21.. SMOKING POLICY '; ........ ~. ..... --,.~ ..................... .,~ !6 n,~, 21.1 The provisions of Human Resources Policy 3-50-05, Smoking Policy, will apply to employees represented by Bremerton Police Management Association, with the following exceptions: 21.1.1. Employees may smoke in a City vehicle when they are not transporting any other person(s). 21.1.2 Employees may smoke outside the entrance to the Westside Patrol Office. Article 22 POLICE OFFICERS' BILL OF RIGHTS ~v ..... ~'? ~' ..... ~:~ "~"~ The wide ranging powers and duties given to the Police Department and its members involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the actions of members of the force. These questions often require immediate investigation by superior officers designated by the Chief of the Bremerton Police Department. In an effort to insure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated: 22.1 Internal Investigation Defined - For the purposes of this Appendix, the term "internal investigation" means an investigation by or under the authority of the Chief of Police of activities, circumstances or events pertaining to the conduct or acts of a City law enforcement employee. Such investigation shall be deemed a "criminal investigation" where it is suspected that such conduct or acts are or may be the basis for filing a criminal charge against such employee, and shall be deemed a "major ' ' ' " ~nvest~gat~on where it is suspected that such conduct or acts may also or alternatively be the basis for discharge, suspension or other discipline of such employee. 22.2 Employee Advised of Alleged Misconduct - Every employee who becomes the subject of an internal investigation shall be advised at the time of any interview in connection therewith that, as the case may be, (s)he is suspected off 22.2.1 Committing a criminal offense. 22.2.2 Misconduct which would be grounds for termination, suspension, or other disciplinary action; or that (s)he may be qualified for continued employment with the Police Department. At the time of the interview such employee shall also be informed of the name of the officer in charge of the investigation and the name of the officer who will be conducting the interview. 22.3 Representation by Counsel - Any employee who becomes the subject of a criminal investigation may have legal counsel present during all interviews of such employee. Such representation by counsel shall be confined to counseling and shall not be authority for any participation by counsel in the investigation. tq'o¢osed Collective Bargaining Agreement - Bremerton Police Management Association 16 January 1,2!.~(!02002 through December 31. 20012(~ ~3 22.4 Employee to be Informed in Writing-Recorded Interviews - In the case of any major investigation and before any interview commences, the employee to be interviewed shall be informed in writing of the nature of the investigation including information necessary to reasonably appraise him/her of the allegations of any complaint and (s)he shall be afforded an opportunity and facilities to contact and consult privately with an attorney of his/her own choosing before being interviewed. Such employee may request that the interview be recorded, either mechanically or by a stenographer, and no questions shall be asked "off the record". Upon request, the employee under investigation shall be provided an exact copy of any written statement (s)he has signed and a verbatim transcript of any interview of such employee. 22.5 Interviewing Procedures - Interviews shall be held at a reasonable hour and preferably when the employee to be interviewed is on duty unless the exigencies of the interview indicate otherwise. Whenever possible, interviews shall be scheduled during the normal work day of the City. Interviewing shall be completed within a reasonable time and shall be accomplished under circumstances devoid of intimation or coercion. The employee being interviewed shall be entitled to such intermissions as (s)he shall request for personal necessities, meals, telephone calls, and rest periods. All interviewing shall be limited to the conduct or acts of the employee under investigation which form or may form the basis for disciplinary action, termination of employment or the filing of a criminal charge. 22.6 Intimidation of Employee Prohibited - No employee under investigation shall, as a guise for obtaining such employee's resignation, be falsely threatened with dismissal or other disciplinary action should (s)he refuse to resign, nor shall (s)he be subjected to abusive language or in any other manner intimated or offered promises or reward as an inducement to answer questions. Article 23 .......... MANAGEMENT CERTIFICATIONS (NEW ARTICLE) 23.1 Effective January !, 2000, employees who currently hold or who obtain management certifications through the Washington State Criminal Justice Training Commission will receive additional compensation for each certification as listed below: Middle Management Certification One Percent (1%) Executive Certification One Percent (1%) (Maximum additional compensation is capped at two percent (2%) 23.2 Effective July 1, 2002, employees who cun-entlv hold or who obtain managemen; certifications throueh the Washintlton State Criminal Justice Trainin~ Commission will receive additional compensation tbr each certification as listed below: ~'roposcd Collective Bargaining Agreement- Bremerton Police Management Association 1 7 January 1,21)0020(}2 through December 31, 200120t}3 Middle Management Certification One Percent (1%) Executive Certification One and one-half Percent (1.5 %) (Maxinmm additional compensation is capped at two percent (2.5 %) 23.3 Effective July 1, 2003, employees who currently hold. or who obtain manaeement certifications through, the Washington State Criminal Justice Training Commission will receive additional compensation for each certification as listed below: Middle Management Certification One Percent {1%) Executive Certification Two Percent (2 %) (Maximum additional compensation is capped at three percem (3 %) 23.4 Sections 23.1, 23.2 and 23.3 do not apply to LEOFF I employees with 21 or more years with the City. 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 Association and all of the employees in the bargaining unit covered by this agreement. DATED THIS DAY OF ,2990.2001. CITY OF BREMERTON: BREMERTON POLICE MANAGEMENT ASSOCIATION: Carol S. Conley, Human Resources Manager Captain Craig Rogers, President Robert Forbes, Police Chief Captain Lieatenant Ron Mox, Vice-President Honorable Lynn Horton, Mayor ATTEST: Kathleen McCluskey, City Clerk ['rr~poscd Collective Bargaining Agreement- Bremerton Police Management Association l 8 l-or January I, 2,q0020112 through December 31, APPROVED AS TO FORM: r,51cmxa 'Malanca,Loren Combs, City Attorney }'reposed Collective Bargaining Agreement - Bremerton Police Management Association 19 __ _. ....... ()l). through December 31 200121)o3 i:or January 1, -,~u~t~v > , 70 POLICE MANAGEMENT LEOFF I 2002 APPENDIX A LIEUTENANTS EFF. 0110112002 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RATES REFLECT 3.5% COLA BASE ANNUAL 68,151.84 69,642.72 71,160.24 72,597.36_~[;~. ~ .. ~ i ~74,172.96 SEMI-MONTHLY 2,839.66 2,901.78 2,965.01 3,024.89~;~:~. ~':.~'~ HOURLY 32.64 33.35 34.08 34.77 MAX. DEF. COMP. 3% 85~19 87.05 88.95 90.75 92.72 2% COMMEN ,ClNG 11 THROUGH 15 YEARS CONTINUOUS EMPLOYMENT ANNUAL 69,514.80 71,035.68 72,583.44 74,049.36 MONTHLY 5,792.90 5,919.64 6,048.62 6,170.78 SEMI-MONTHLY 2,896.45 2,959.82 3,024.31 3,085.39 l;152.35 HOURLY 33.29 34.02 34.76 35.46 3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 70,196.40 71,731.92 73,295.04 74,775.36 398.24 MONTH LY 5,849.70 5,977.66 6,107.92 6,231.28 SEMI-MONTHLY 2,924.85 2,988.83 3,053.96 3,115.64 83.26 HOURLY 33.62 34.35 35.10 35.81 10.25% COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANN UAL 75,137.52 76, 781.04 78,454.08 80,038.56 MONTHLY 6,261.46 6,398.42 6,537.84 6,669.88 SEMI-MONTHLY 3,130.73 3,199.21 3,268.92 3,334.94 13i407.32 H OU RLY 35.99 36.77 37.57 38.33 11.50% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 75,989.28 77,651.52 79,343.76 80,946.00 MONTHLY 6,332.44 6,470.96 6,611.98 6,745.50 SEMI-MONTHLY 3,166.22 3,235.48 3,305.99 3,372.75 HOURLY 36.39 37.19 38.00 38.77 EFF. 0710112002 ~0.75% COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 75,478.08 77,129.28 78,810.00 80,401.68 ~ . 82,146.48 MONTHLY 6,289.84 6,427.44 6,567.50 6,700.14 SEMI-MONTHLY 3,144.92 3,213.72 3,283.75 3,350.07 ~ 3422.77 HOURLY 36.15 36.94 37.74 38.51 ~. 39.34 12.0% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 76,330.08 77,999.76 79,699.44 81,309.12 MONTHLY 6,360.84 6,499.98 6,641.62 6,775.76 SEMI-MONTHLY 3,180.42 3,249.99 3,320.81 3,387.88 HOURLY 36.56 37.36 38.17 38.94 POLICE MANAGEMENT LEOFF I 2002 APPENDIX A CAPTAINS EFF. 01/0112002 STEP I STEP 2 STEP 3 STEP 4 STEP 5 RATES REFLECT 3.5% COLA BASE ! 83,815.44 ANNUAL 77,011.44 78,696.24 80,411.04 82,035.12~ MONTHLY 6,417.62 6,558.02 6,700.92 6,836.26 : ,9 .62 SEMI-MONTHLY 3,208.81 3,279.01 3,350.46 3,418.13 ~i: ;3'492'3:1 HOURLY 36.88 37.69 38.51 39.29 ~' :40.14 MAX. DEF. COMP. 3% 96.26 98.37 100.51 102.54 104.77 2% COMMENCING Il THROUGH 15 YEARS CONTINUOUS EMPLOYMENT AN.UAL 78,551.76 80,270.16 82,019.26 63,675.76 5,491. MONTHLY 6,545.98 6,689.18 6,834.94 6,972.98~ ; 17,124.32 SEMI-MONTHLY 3,272.99 3,344.59 3,417.47 3,486.49 ~::; 3,562.16 HOURLY 37.62 38.44 39.28 40.07~:~'~:: 40. 3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 79,321.68 81,057.12 82,823.28 84,496.08 MONTHLY 6,610.14 6,7~.76 6,901.94 7,041.~ SEMI-MONTHLY 3,305.07 3,377.38 3,450.97 3,520.67 HOURLY 37.99 38.82 39.67 40.47 10.25% COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 84,905.04 86,762.64 88,653.12 90,443.76 MONTHLY 7,075.42 7,230.22 7,367.76 7,536.98 SEMI-MONTHLY 3,537.71 3,615.11 3,693.88 3,768.49 HOURLY 40.66 41.55 42.46 43.32 11.50% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 85,867.68 87,746.40 89,658.24 91,469.04 ~ 93,454.32 MONTHLY 7,155.64 7,312.20 7,471.52 7,622.42~: 7,787.86 SEMI-MONTHLY 3,577.82 3,656.10 3,735.76 3,811.21 ~' 3~893.93 HOURLY 41.12 42.02 42.94 43.81 44.76 EFF. 0710112002 10.75% COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 85,290.24 87,156.00 89,055.12 90,853.92 ~-~ . 92,825.52 MONTHLY 7,107.52 7,263.00 7,421.26 7,571.16~:~ ~ 7,735.46 SEMI-MONTHLY 3,553.76 3,631.50 3,710.63 3,785.58 3,867.73 HOURLY 40.85 41.74 42.65 43.51 ~ 44.46 12.0% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 86,252.88 88,139.76 90,060.48 91,879.44 ~i 93,873.36 MONTHLY 7,187.74 7,344.98 7,505.04 7,656.62=~;~ 7,822.78 SEMI-MONTHLY 3,593.87 3,672.49 3,752.52 3,828.31 :~ 3,911.39 HOURLY 41.31 42.21 43.13 44.00~ ~' 44.96 POLICE MANAGEMENT LEOFF II 2002 APPENDIX A LIEUTENANTS EFF. 0110112002 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RATES REFLECT 3.5% COLA BASE MONTHLY 5,679.32 5,803.56 5,930.02 6,049.78 ~ ~i;~ !i SEMI-MONTHLY 2,839.66 2,901.78 2,965.01 3,024.89 .;~ ~, ~:; HOURLY 32.64 33.35 34.08 34.77 !~:~i;~; MAX. DEF. COMP. 3% 85.19 87.05 88.95 90.75 92.72 2% COMMENCING 11 THROUGH 15 YEARS CONTINUOUS EMPLOYMENT ANNUAL 69,514.80 71,035.68 72,583.44 74,049.36 ~ MONTHLY 5,792.90 5,919.64 6,~8.62 6,170.78 ~~ HOURLY 33.29 34.02 ~.76 35.46~~~~~ 3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 70,196.40 71,731.92 73,295.04 74,775.36 MONTHLY 5,849.70 5,977.66 6,107.92 6,231.28 SEMI-MONTHLY 2,924.85 2,988.83 3,053.96 3,115.64 HOURLY 33.62 ~.35 35.10 35.81 7,75% COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 73,433.52 75,040.08 76,675.20 78,223.68 MONTHLY 6,119.46 6,253.34 6,389.60 6,518.64 SEMI-MONTHLY 3,059.73 3,126.67 3,194.80 3,259.32 HOURLY 35.17 35.94 36.72 37.46 9.0% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 74,285.52 75,910.56 77,564.64 79,131.12 MONTHLY 6,190.46 6,325.88 6,463.72 6,594.26 SEMI-MONTHLY 3,095.23 3,162.94 3,231.86 3,297.13 HOURLY 35.58 36.36 37.15 37.90 h:\02bud\Official Police Management 2002 Appendix A.xls POL MGT LII 2002 12/10/01 2:31 PM POLICE MANAGEMENT LEOFF II 2002 APPENDIX A CAPTAINS EFF. 01/0112002 STEP 1 STEP 2 STEP 3 STEP 4 STEP RATES REFLECT 3.5% COLA BASE ANNUAL 77,011.44 78,696.24 80,411.04 82,035.12 MONTHLY 6,417.62 6,558.02 6,700.92 6,836.26 ------~. SEMI-MONTHLY 3,208.81 3,279.01 3,350.46 3,418.13 HOURLY 36.88 37.69 38.51 39.29 MAX. DEF. COMP. 3% 96.26 98.37 100.51 102.54 104.77 2% COMMENCING 11 THROUGH 15 YEARS CONTINUOUS EMPLOYMENT ANNUAL 78,551.76 80,270.16 82,019.28 83,675.76 MONTHLY 6,545.98 6,889.18 6,834.94 6,972.98 SEMI-MONTHLY 3,272.99 3,344.59 3,417.47 3,486.49 HOURLY 37.62 38.44 39.28 40.07 3% COMMENCING t6 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 79,321.68 81,057.12 82,823.28 84,496.08 MONTHLY 6,610.14 6,754.76 6,901.94 7,041.34 SEMI-MONTHLY 3,305.07 3,377.38 3,450.97 3,520.67 HOURLY 37.99 38.82 39.67 40.47 7.75% COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 82,979.76 84,795.12 86,642.88 88,392.96 MONTHLY 6,914.98 7,066.26 7,220.24 7,366.08 SEM,-MONTHLY 3,457.49 3,533.13 3,610.12 3,683.04 HOURLY 39.74 40.61 41.50 42.33 9.0% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 83,942.40 85,778.88 87,648.00 69,418.24 MONTHLY 6,995.20 7,148.24 7,304.00 7,451.52 HOURLY 40.20 41.08 41,98 42.82 h:\02bud\Official Police Management 2002 Appendix A.xls POL MGT LII 2002 12/10/01 2:31 PM POLICE MANAGEMENT LEOFF I 2003 APPENDIX A LIEUTENANTS EFF. 0110112003 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RATES REFLECT 3.5% COLA BASE.  76,769.04 MONTHLY 5,878.10 6,006.68 6,137.58 6,261.52 i; ';':~ ~97.42 SEMI-MONTHLY 2,939.05 3,003.34 3,068.79 3,130.76 i i' 198.71 HOURLY 33.78 34.52 35.27 35.99 36.77 MAX. DEF. COMP. 4% 117.56 120.13 122.75 125.23 127.95 2% COMMENCING 11 THROUGH 15 YEARS CONTINUOUS EMPLOYMENT ANNUAL 71,947.92 73,521.84 75,124.08 76,641.12 MONTHLY 5,995.66 6,126.82 6,260.34 6,386.76 ~: 6,525.36 ' i SEMI-MONTHLY 2,997.83 3,063.41 3,130.17 3,193.38 HOURLY 34.46 35.21 35.98 36.71 37.50 3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 72,653.28 74,242.56 75,860.40 77,392.32 '~.~... 79 072.08 MONTHLY 6,054.44 6,186.88 6,321.70 6,449.36 ~~' SEMI-MONTHLY 3,027.22 3,093.44 3,160.85 3,224.68 ~ 3,294.67 HOURLY 34.80 35.56 36.33 37.07~ 137.8'/ 11.75 COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 78,825.36 80,549.52 82,304.88 83,966.88 MONTHLY 6,568.78 6,712.46 6,858.74 6,997.24 SEMI-MONTHLY 3,284.39 3,356.23 3,429.37 3,498.62 HOURLY 37.75 38.58 39.42 40.21 13.0% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 79,707.12 81,450.48 83,225.52 84,906.24 . 86,748.96 MONTHLY 6,642.26 6,787.54 6,935.46 7,075.52:7 229.08 SEMI-MONTHLY 3,321.13 3,393.77 3,467.73 3,537.76 :: ~3,814.54 HOURLY 38.17 39.01 39.86 40.66 41.55 EFF 7/0112003 12.25% COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 79,177.92 80,910.00 82,673.28 84,342.72 86,173.20 MONTHLY 6,598.16 6,742.50 6,889.44 7,028.56 ~ :7,181.10 SEMI-MONTHLY 3,299.08 3,371.25 3,444.72 3,514.28 3,590.55 HOURLY 37.92 38.75 39.59 40.39 41.27 13.5% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT MONTHLY 6,671.64 6,817.58 6,966.16 7,106.82 ~/~!~ 7,261.08 SEMI-MONTHLY 3,335.82 3,408.79 3,483.08 3,553.41 3,630.54 HOURLY 38.34 39.18 40.04 40.84 ~ 41.73 POLICE MANAGEMENT LEOFF I 2003 APPENDIX A CAPTAINS EFF. 0110112003 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RATES REFLECT 3.5 COLA BASE ANNUAL 79,706.88 81,450.72 83,225.52 84,906.24 MONTHLY 6,642.24 6,787.56 6,935.46 7,075.52 SEMI-MONTHLY 3,321.12 3,393.78 3,467.73 3,537.76 HOURLY 38.17 39.01 39.86 40.66 41.55 MAX. DEF. COMP. 4% 132.84 135.75 138.71 141.51 144.58 2% COMMENCING 11 THROUGH 15 YEARS CONTINUOUS EMPLOYMENT ANNUAL 81,300.96 83,079.84 84,889.92 86,604.48 MONTHLY 6,775.08 6,923.32 7,074.16 7,217.04 SEMI-MONTHLY 3,387.54 3,461.66 3,537.08 3,608.52 HOURLY 38.94 39.79 40.66 41.48 3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 82,098.00 83,894.16 85,722.24 87,453.36 MONTHLY 6,841.50 6,991.18 7,143.52 7,287.78 SEMI-MONTHLY 3,420.75 3,495.59 3,571.76 3,643.89 HOURLY 39.32 40.18 41.05 41.88 11.75 COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 89,072.40 91,021.20 93,004.56 94,882.80 MONTH LY 7,422.70 7,585.10 7,750.38 7,906.90 8,078.50 SEMI-MONTHLY 3,711.35 3,792.55 3,875.19 3,953.45 HOURLY 42.66 43.59 44.54 45.44 46,43 13.0% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 90,068.88 92,039.28 94,044.72 95,944.08 :~ 'i~ 98,026.32 MONTHLY 7,505.74 7,669.94 7,837.06 7,995.34 8,168.86 SEMI-MONTHLY 3,752.87 3,834.97 3,918.53 3,997.67 4,084.43 HOURLY 43.14 44.08 45.04 45.95 . 46.95 EFF. 0710112003 12,25% COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 89,471.04 91,428.48 93,420.72 95,307.36~!, 97,375.68 MONTHLY 7,455.92 7,619.04 7,785.06 7,942.28 ' : 8,114.64 HOURLY 42.85 43.79 44.74 45.65 ~; : 13,5% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 90,467.28 92,446.56 94,460.88 96,368.64~ 98,460.00~ MONTHLY 7,538.94 7,703.88 7,871.74 8,030.72 8,-06.00 SEMI-MONTHLY 3,769.47 3,851.94 3,935.87 4,015.36 '~!~' 4,102.50 HOURLY 43.33 44.28 45.24 46.15~;' 47.16 POLICE MANAGEMENT LEOFF II 2003 APPENDIX A LIEUTENANTS EFF. 0110112003 STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 RATES REFLECT 3.5% COLA BASE ANNUAL 70,537.20 72,080.16 73,650.96 75,138.24 MONTHLY 5,878.10 6,006.68 6,137.58 6,261.52 ~ SEMI-MONTHLY 2,939.05 3,003.34 3,068.79 3,130.76 HOURLY 33.78 34.52 35.27 35.99~ MAX. DEF. COMP. 4% 117.56 120.13 122.75 125.23 127.95 2% COMMENCING 11 THROUGH 15 YEARS CONTINUOUS I=MPLOYMENT ANNUAL 71,947.92 73,521.84 75,124.08 76,641.12 MONTHLY 5,995.66 6,126.82 6,260.34 6,386.76 SEMI-MONTHLY 2,997.83 3,063.41 3,130.17 3,193.38 HOURLY 34.46 35.21 35.98 36.71 3% COMMENCING ~s THROUGH 20 YEARS CONTINUOUS EMPLOYMENT ANNUAL 72,653.28 74,242.56 75,860.40 77,392.32 MONTHLY 6,054.44 6,186.88 6,321.70 6,449.36 SEMI-MONTHLY 3,027.22 3,093.44 3,160.85 3,224.68 : HOURLY 34.80 35.56 36.33 37.07 7.75 COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 76,003.92 77,666.40 79,358.88 80,961.36 MONTHLY 6,333.66 6,472.20 6,613.24 6,746.78 SEMI-MONTHLY 3,166.83 3,236.10 3,306.62 3,373.39 HOURLY 36.40 37.20 38.01 38.77 9% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 76,885.44 78,567.36 80,279.52 81,900.72 MONTHLY 6,407.12 6,547.28 6,689.96 6,825.06 SEMI-MONTHLY 3,203.56 3,273.64 3,344.98 3,412.53 HOURLY 36.82 37.63 38.45 39.22 h:\02bud\Official Police Management 2002 Appendix A.xls POL MGT LII 2003 12/10/01 2:31 PM POLICE MANAGEMENT LEOFF II 2003 APPENDIX A CAPTAINS EFF. 0110112003 STEP 1 STEP 2 STEP 3 STEP 4 STEP RATES REFLECT 3.5 COLA BASE ANNUAL 79,706.88 81,450.72 83,225.52 84,906.24 MONTHLY 6,642.24 6,787.56 6,935.46 7,075.52 SEMI-MONTHLY 3,321.12 3,393.78 3,467.73 3,537.76 HOURLY 38.17 39.01 39.86 40.66 ........... MAX. DEF. COMP. 4% 132.84 135.75 138.71 141.51 144.58 2% COMMENCING 11 THROUGH 16 YEARS CONTINUOUS EMPLOYMENT ANNUAL 81,300.96 83,079.84 84,889.92 86,604.48 MONTHLY 6,775.08 6,923.32 7,074.16 7,217.04 SEMI-MONTHLY 3,387.54 3,461.66 3,537.08 3,608.52 HOURLY 38.94 39.79 40.66 41.48 3% COMMENCING 16 THROUGH 20 YEARS CONTINUOUS EMPLOYMENT MONTHLY 6,841.50 6,991.18 7,143.52 7,287.78 SEMI-MONTHLY 3,420.75 3,495.59 3,571.76 3,643.89 HOURLY 39.32 40.18 41.05 41.88 7.75 COMMENCING 21 THROUGH 25 YEARS CONTINUOUS EMPLOYMENT ANNUAL 85,884.24 87,763.20 89,675.52 91,486.56 SEMI-MONTHLY 3,578.51 3,656.80 3,736.48 3,811.94~~ HOURLY 41.13 42.03 42.95 43.82 9% COMMENCING 26 YEARS AND OVER CONTINUOUS EMPLOYMENT ANNUAL 86,880.48 88,781.28 90,715.92 92,547.84 MONTHLY 7,240.04 7,398.44 7,559.66 7,712.32 SEMI-MONTHLY 3,620.02 3,699.22 3,779.83 3,856.16 HOURLY 41.61 42.52 43.45 44.32 .... h:\02bud\Official Police Management 2002 Appendix A.xls POL MGT LII 2003 12/10/01 2:31 PM AGENDA BILL BREMERTON CIT~ COUNCIL ~O~J~l~/'/'~' IAO/ 5~ ~ FOR AGENDA OF: 12~/01 1 SUBJE~¢{~ ~'~ ORIGINATING DEPT, Executive regarding the designation of ORIGINATOR: Mayor Horton A Co~unity Empowerment Zone A~inistrator DATE SUBMITTED: 12/11/01 2. CLEARANCES: 3. EXHIBITS: Attorney~~ /. Ordinance FiscaZ Operations y~.~~ ENDORSE ENT ~ INFORMATION , APPROVED BY COUNCIL PRESID~OFOR~ITTAL: MAYOR ~ ~- ~ ~'~- COUNCIL PRESIDENT //~ ~~~/ 4. suMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ~~ - The City of Bremerton was designated a Community Empowerment Zone in 1994. State Law requires the designation of a Community Empowerment Zone Administrator. 8. RECOMMENDATION: ~e , ~D~c[5~ or~{~k~ 9. RESPONSIBLE OFFICIAL: Executive ENFORCEMENT OFFICIAL: Executive NO' ~701"~ ~'eC-O~',O[ EXPIRATION DATE:N/A ~[~ . REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~EN~~~ COUNCIL DIRECTIVE: Date: 11. AGENDA BILL NO: Ilo I ]~g7 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: Required by state law. We will be in non-compliance. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES None 7. RESEARCH SOURCES: ~O ORDINANCE NO. 4 ~] ~ '7 AN ORDINANCE relating to the designation of the Director of Community Development, or the Director's designee, as the Community Empowerment Zone administrator for the area designated by the State of Washington as a Community Empowerment Zone within the City of Bremerton WHEREAS, A Community Empowerment Zone was designated by the State of Washington within the City of Bremerton in 1994; and WHEREAS, A Community Empowermem Zone designation enables economically disadvantaged urban areas to qualify for special tax incentives intended to support reinvestmem in the zone. Specifically qualified businesses located in the zone, or that hire residents of the zone, may apply to the Department of Revenue for sales tax deferrals and business and occupation tax credits; and WHEREAS, The Washington State Legislature passed, and the Governor of the State of Washington signed legislation during the 2000 legislative session requiring each local government to, by ordinance, designate a Community Empowerment Zone administrator for the area designated as a Community Empowerment Zone that is within its jurisdiction; and WHEREAS, the new law requires that a Community Empowermem Zone administrator must be an officer or employee of the local government; and WHEREAS, it is in the interest of the City of Bremerton to maintain the Community Empowerment Zone designation in good standing as a means to maintain existing and future incentives for economic development from the State of Washington for Bremerton's low income communities: BE IT ORDAINED BY THE CITY OF BREMERTON AS FOLLOWS: Section 1. The City of Bremerton hereby designates the Director of Community Development, or the Director's designee, as the Community Empowerment Zone administrator for the area designated as a Community Empowerment Zone within the jurisdiction of the City of Bremerton. This designation is in fulfillment of the requirements of RCW 43.3 ! C.070. Section 2. Any act with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed. Section 3. This ordinance shall take effect and be in force ten (10) days after passage and publication. APPROVED by the City Council of the City of Bremerton on the day of _, 20 Community Empowerment Zone.ord Page I of 2 ~[ PASSED by the City Council of the City of Bremerton on the day of ., 20 JOHN LAW, Council President Approved this day of ,20 LYNN S. HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk Community Empowerment Zone.ord Page 2 of 2 AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: PUBLIC HEARING & ORDINANCE# ~'") · DEPT. OF ORIGIN: P & B Dept / ORIGINATOR: Chris Huqo, Directq~ ACTION: DATE SUBMITTED: December 5, 2001 To amend the Official Zoning Map from Business Park (BP) to Mixed Use (MX) for properties bordering Evergreen Park and bounded by 14th Street, Park Avenue, Highland Avenue, and 12th Street. 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: DOD Director: ~~,J~..~ ~./oc, I/~,,....~ o PC Findings & Conclusions City Attorney:~ ~ . .; o PC Minutes November 26, 2001 City Clerk: '-"~.~ ~-,~,~, _¢_jL,_,~J~,.~ · o · ,..~' ~.~/' Staff Report Fiscal & Budget CouncjJ Comm.: ,/./? ~~/~ o Ordinance to amend Zoning Map Operabons Comm.: /~¢/'~ ~ MAYOR "?~J -~-,~--~ C~UNCIL PRESIDEN~~ 4,' Su MMAi~Y:S:i:~AT~ M~E~I f'~AND The City of Bremerton Rezone Application PL01-0051 proposes to amend the Official Zoning Map of the City of Bremerton for those parcels currently zoned Business Park (BP) located in the Evergreen Park area. The change to a Mixed Use (MX) zone reflects the current Comprehensive Plan Map, Mixed Use (MU) designation for this same area· It is in the public interest to approve this rezone request, as it would bring the Zoning designation into consistency with the Comprehensive Plan designation, as required by the State Growth Management Act. The Planning Commission has reviewed this proposal, conducted a public hearing and adopted Findings & Conclusions at their November 26, 2001 meeting, and recommends City Council approval. The Council must conduct a public hearing prior to its final decision and action on the proposed Ordinance. 5. RECOMMENDATION: .......... , r the attached Ordinance #/I,_{.'7 ~ ~ on second reading. 6, RESPONSIBLE OFFICIAL: Christopher R. Hugo ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION ~~ PULLED~ TABLED~ APPROVED~ DISAPPROVED A COUNCIL DIRECTIVE: DATE: 8. AGENDA BILLNO.: ~(- ~ 9. CLEARANCE COMMENTS: 10. IMPACT OF NON-PASSAGE: If the proposed area-wide zoning amendment is denied, proposed development in the vicinity will be hampered by development standards that are inconsistent with the planned environment reflected in the Comprehensive Plan. Further, a denial could potentially subject the city to challenges that it did not enact zoning consistent with the Comprehensive Plan as mandated by State law. 11. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The proposed amendment will create no operational changes for the city. 12. RESEARCH SOURCES: Comprehensive Plan Zoning Ordinance File Site Visits BREMERTON PLANNING COMMISSION FINDINGS AND CONCLUSIONS PL00-0051 EVERGREEN PARK AREA REZONE, BP TO MX FINDINGS 1. The Central Bremerton Land Use Plan map of the 1995 Bremerton Comprehensive Plan designates properties bordering Evergreen Park, and roughly bounded by Park Avenue, 14th Street, 12th Street, and Highland Avenue, as MU Mixed Use. See attached map #1. 2. The Official Zoning Map designates properties bordering Evergreen Park, and roughly bounded by Park Avenue, 14th Street, 12th Street, and Highland Avenue, as BP Business Park. See attached map #2. 3. The Washington State Growth Management Act stipulates that cities adopt development regulations that are consistent with adopted comprehensive plans. The City of Bremerton enacted revised Zoning Ordinance 21.02 of the Bremerton Municipal Code on April 14, 1997, to satisfy the statutory requirement for regulatory consistency. 4. Figure 090 of the Bremerton Zoning Ordinance BMC 21.02 lists the primary zone classifications that "are considered to be consistent with their related Comprehensive Plan designations." The MX zone is listed as the primary zone to implement the MU designation of the Comprehensive Plan. CONCLUSIONS 1. According to the Land Use Element of the Comprehensive Plan and Figure 090 of BMC 21.02, the appropriate primary zone designation to meet regulatory consistency for properties currently zoned BP in the area described in Finding #1, is MX Mixed Use. 2. The proposed area-wide rezone to MX of those parcels currently zoned BP, in the general location described in Finding #1, is appropriate to achieve regulatory consistency and to promote compatible neighborhood development as specified in the Land Use Plan. Approved by the Bremerton Planning Commission on ~'~--'~'~- ' ~'~y ~ ~'~.~ ~ '~ Atte~, }~OOg ~u!uo2 tJOIJ@~tlOJ8 JO Al!0 CITY OF BREMERTON PLANNING AND BUILDING DEPARTMENT STAFF REPORT ZONING MAPfor AMENDMENT BP zone bounded by 14th/Park/12th/Highland - (P&BD File #: PL01-0051) Applicant: City. of Bremerton, Planning and Building Department 286 4th Street Bremerton, WA 98337 Location: This proposal involves all parcels zoned BP (Business Park) in that area bordering Evergeen Park. The area is bounded by 14m Street in the north, Park Avenue in the west, 12th Street in the south, and Highland Avenue in the east. Description: This application consists of a proposal to amend the Official Zoning Map of the City of Bremerton for the area described above. The area is currently zoned Business Park (BP). The proposal would amend the Official Zoning Map by changing the zoning classification to Mixed Use (1VLX) to reflect the current Comprehensive Plan Map, Mixed Use (MU) designation. Proposal: The City of Bremerton Rezone Application PL01-0051, proposes to amend the Official Zoning Map of the City of Bremerton at the location described above by changing the zoning classification to Mixed Use (NLX) to reflect the current Comprehensive Plan Map, Mixed Use (MU), designation for this same proposal area. FINDINGS 1. Surrounding Land Uses: A land use inventory was conducted of the subject area. Several of the proposed rezone parcels are part of Evergreen Park's Phase I-I expansion. The other parcels involved are former light industr/al sites. The follo~ving table describes the .t3~pe of parcels that border the subject area. Relation to Subject Current Zoning Comprehensive Plan Designation Property. North Parks & Schools (PS) Parks & Open Space (P) South Central Bremerton Residential [ High Density. Residential (HDR) (CBR) I East Central Bremerton Residential I Medium-Density Residential (CBR)/Parks & Schools (PS) I (MDR)/Parks & Open Space (P) West Residential Medium Density (MR) ] Mixed Use (MU) 3. SEPA Determination: Zoning Map Amendment application requests are considered non-project actions which do not propose specific development projects. Throughout the year, applications for zoning map amendments can be submitted. Those zoning map amendments recommended for approval as a result of the Public Hearing process conducted by the Bremerton Planning Commission are adopted by City Council Ordinance. A SEPA review check list has been reviewed for this non-project zoning map amendment proposal. Further development of property effected by this specific zoning map amendment that is not categorically exempt pursuant to WAC Chapter 197-'11-800, and, which will require issuance of a City license or permit, will be subject to future review under SEPA. A Determination of Non-Significance was issued for this non-proiect action in accordance with WAC 197-11 on November 22, 2001. 4. Area-wide Rezone Decision Criteria The procedures to be folloxved for Zoning Ordinance or Official Zoning Map changes are those found in Section 21.02.920 "REZONE" of the Bremerton Municipal Code (BMC) and Section 21.02.090 "PLAN/ZONING CONSISTENCY". The City Council may approve a change in zoning classification of property ~vithin the CiD' limits by passage of an ordinance, following a public hearing, provided the new zone is consistent with the City's Comprehensive Plan and adopted approval criteria. Approval of a Rezone results in a change to the Official Zoning Map. The Bremerton Municipal Code, Section 21.02.920(d) Criteria for Approval: A rezone may be approved if all of the following can be answered "YES": (1) Is the proposed rezone consistent with the Comprehensive Plan? (See Section 21.02.090 "Plan/Zoning Consistency" of'this code.) Response: The proposed Mixed Use (MX) zone classification is consistent with the existing Mixed Use (MU) Comprehensive Plan designation for the proposal area. The Bremerton Comprehensive Plan, Section C4: Campus/Ever~een Neighborhood, discusses plan policies specific to the development of the Evergreen Park neighborhood and includes the following Development Concept Policies: · (e) "To provide a mixture of housing sizes, types and costs fbr all economic segments of the population and to encourage in fill development:" · (f) "To prevent the encroachment of large-scale businesses into the neighborhood while allowing small 'mom and pop' scale convenience stores and services:" 2 · (g) "To encourage mixed use development, particularly residential over commercial." The City's Comprehensive Plan currently identifies this proposal area as Mixed Use (MU). This (MX) concept was included in the Environmental Impact Statement adopted in 1995 along with the Comprehensive Plan Ordinance. (2) Is the rezone justified for one or more of the following reasons? fl is in the public interest to approve the Rezone to accommodate needed changes within the immediate vicini(v or neighborhood. It will correct a zone classification or bovndary that was inappropriate when established. It is a planned step in a phasing process to gradually b?ing zoning into consistency with the 20-year Comprehensive Plan when appropriate It will place or move an overlay zoning designation without affecting the underlying zone. Response: It is in the public interest to consider approval of this rezone request as it would bring the Zoning Code classification into compliance with the Comprehensive Plan designations and will thrther correct a zone classification that now appears inappropriate when it was established. (3) Is there a public need for the proposed Rezone that will clearly benefit the local neighborhood and/or the community of Bremerton? Response: As the area proposed for rezone already exhibits considerable legal non- conforming "mixed land use" the rezone of the area to Mixed Use (MX) will bring the area into compliance with the Comprehensive Plan designation of Mixed Use (MU) and provide for continued realization of the Comprehensive Plan's Goals and Obi ectives. (4) Are all essential public facilities and services available and adequate, or can be made available, to serve the types and levels of development permitted in the requested zone? Response: The entire utility intYastructure required to support further mixed-use development of this proposal exists in the area. If there are any deficiencies in the existing infrastructure, whether for roads, water, sewer or storm sewer, the application process for further development of any new projects proposed as a result of this zone classification compliance effort will be required to pay for or participate in the expenses required to upgrade the utili~ or road service systems. (5) Will the area being proposed for rezoning become part of a larger zoning district or form a new district which will not be considered an isolated "spot zone?" Response: This request for an Official Zoning Map amendment (Rezone) will bring the Official Zoning Map classification for this area into compliance with the larger Mixed Use area (a larger zoning district) as depicted in the Comprehensive Plan, and will not form a new district, nor constitute a "spot zone". The Bremerton Municipal Code, Section 21.02.090 "PLAN/ZONING CONSISTENCY" states: Regulations used to implement the Comprehensive Plan, including zoning, must be consistent with the Plan. Figure 090, PRIMARY ZONE CONSISTENCY depicts the relationships between each Plan designation and the primary zones. The current Comprehensive Plan designation of the proposal parcels is Mixed Use (MU), and includes the_proposed Mixed Use (MX) zone as the primary zone. Application and reclassification of the current BP zone to MX will achieve consistency between the Comprehensive Plan and the Official Zoning Map, as required by the State's Growth Management Act. Staff report prepared by: Laura Freed, City Planner Date: Amended by: Eaura Freed, City Planner Date: i ' "i;'& ,,T' / ORDINANCE NO. 4788 WHEREAS, the 1995 Bremerton Comprehensive Plan was adopted April 5, 1995, to provide direction to the community's growth and development and to further the goals of the Washington State Growth Management Act; and WHEREAS, Title 21.02 Zoning Ordinance of the Bremerton Municipal Code (BMC) and an Official Zoning Map were enacted on April 14, 1997, to achieve the intent of regulatory consistency in implementation of the Comprehensive Plan as provided in RCW 36.70A.; and WHEREAS, the Land Use Plan map of the Comprehensive Plan designates parcels bordering Evergreen Park, and roughly bounded by Park Avenue, 14th Street, 12th Street, and Highland Avenue, as MU (Mixed Use)[Exhibit Al; and WHEREAS, the Official Zoning Map designates parcels bordering Evergreen Park, and roughly bounded by Park Avenue, 14th Street, 12th Street, and Highland Avenue, as BP (Business Park)[Exhibit BI; and WHEREAS, regulatory consistency with the Comprehensive Plan is stipulated in BMC 21.02.090 and requires that zoning must be consistent with the Plan; and WHEREAS, Figure 090 of BMC 21.02 indicates that MX (Mixed Use) is the zone classification that implements the MU (Mixed Use) designation of the Comprehensive Plan; and WHEREAS, current development proposals in the vicinity of Sheldon Boulevard are affected by the inconsistency between the Plan and zone designations: and WHEREAS, the proposal for an area-wide rezone to bring the designation of the Zoning Map into consistency with the Plan designation was advertised to the general public in the Sun on November 15, 2001, for public hearing and comment before the Planning Commission on November 26, 2001; and WHEREAS, there was no public comment on the proposal at the hearing on November 26, 2001; and WHEREAS, the Planning Commission received a staff report on the proposed map revision on November 26, 2001[E. xhibit O]; and WHEREAS, a Determination of Non-Significance was issued on the proposed revision by the Director of Planning and Building on November 22, 2001; and WHEREAS, the Planning Commission voted on November 26, 2001, to recommend approval of the proposed revision to the Official Zoning Map to the City Council; and WHEREAS, the Planning Commission approved the attached Findings and Conclusions on November 26, 2001, in support of its recommendation for approval; NOW THEREFORE BE IT RESOLVED, THE CITY OF BREMERTON DOES ORDAIN THE FOLLOWING: Section 1' That the Official Zoning Map of the City of Bremerton is hereby amended as depicted in attached Exhibits B; and Section 2: The effective date of this Ordinance shall be ten (10) days from the date of passage and publication by the Mayor and City Council. APPROVED bythe City Councilofthe City of BremeAonthis__day of , 2001. PASSED bythe City Councilofthe City of Breme~onthis__day of , 2001. JOHN LAW City Council President APPROVED this ~ day of ,2001. ATTEST: LYNN S, HORTON KATHLEEN McCLUSKEY Mayor City Clerk /  \ so \, l OOF, t~u!uoZ t~ll~lll~lf] I© ,~11~ )