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HomeMy WebLinkAbout03/22/00 AGENDA CITY COUNCIL AGENDA MARCH 22, 2000 1. CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting - March 15, 2000 (#AB00-077) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION 9. NEW BUSINESS A. Professional Services Agreement Extension with Marten & Brown (#AB00-078) B. Bid Award for SR304 Transportation Improvement Project, Gateway Phase, Porter Street to Montgomery Avenue (#AB00-079) C. Contract Change Order Authorization for SR304 Transportation Improvement Project, Gateway Phase (#AB00-080) D. Professional Services Agreement with Washington Timberland Management for Harvest Management and Marketing (#AB00-081) E. Labor Agreement By and Between the City of Bremerton and the Bremerton Police Officer's Guild (#AB00-082) (l'~oV¢-cl. ~ ~'~r$'t- '~+~ ) 10. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: MARCH 22, 2000 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING -- MARCH 15, 2000 ORIGINATOR: CAROL ARENDS, PRES I DENT DATE SUBMI-I-FED: MARCH 17, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR: COUNCIL PRESIDENT: ,, ~, ~'~r--~--~-,:~'~7 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION' 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED TABLED APPROVED DISAPPROVED AMEI~r~D ~ COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: OO ~ O77 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (continued): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCE,g: 7. RESEARCH SOURCES: TAPE #1693 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES March 15, 2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 15, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, David Fart, Ed Rollman, John Law, Cecil McConnell, and Wayne Olsen. Council member Mike Shepherd was absent. Also present were Assistant City Attorney Knute Rife, Deputy City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council member Cecil McConnell, followed by the invocation given by Deacon Roy Mclnnis of Sinclair Missionary Baptist Church. President Arend$ made the following announcements: (1) Council held a Pre-Council Session to discuss general Council business in the Council Conference Room; and (2) City Council will hold an Executive Session immediately following the Council Meeting to "Review Labor Negotiations" per RCW Chapter 42.30.140(4)(b). CONSENT AGENDA A. Minutes of Meeting - March 8, 2000 (#AB00-074) #0035 M/S/C/U (Farr/Olsen) Motion to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0045 M/S/C/U (Law/Fart) On March 15, 2000, the Council does approve for payment those vouchers included and further described as follows: 239432 through 239635 in the amount of $361,636.83. COUNCIL MEMBER REPORTS John Law invited citizens in the Iower-Manette area to attend the next monthly District 3 meeting next Tuesday, March 21, 2000, beginning at 7:00 P.M. at the Senior Center located at 13th & Nipsic. Topics for the evening will include "Street Lighting", "The Manette School", "The Manette Bridge Approach", and any other topic of interest. Ed Rollman briefly discussed the importance of information obtained from census questionnaires, so encouraged citizens to fill out and send in their Year-2000 Census forms. He expressed his disappointment over a recent "tourism" article in the Sun, which undeservedly described downtown Bremerton as "cold" and "blah". He recognized Fred Schoneman as a local hero, and lastly mentioned a Bremerton Police Officer who would be retiring with a disability after 27 years of service. David Farr announced the combined-District 6-7-8 meeting would be held on Monday, March 20, 2000, beginning at 7:00 P.M., in the Curriculum Library of the Bremerton School Administration Building located at 134 N. Marion. Topics to be discussed include "The Proposed Recreation Center" with Mayor Horton and Parks Director Cris Gears; and "Downtown Parking Issues" with Bob Dupree of Diamond Parking. TAPE,#1693 City Council Reg. Mtg. Minutes March 15, 2000 Page 2 of 4 Conrad Esser reiterated information about the combined District 6-7-8 meeting, and encouraged citizens to attend. President Carol Arends looked forward to seeing many citizens in attendance at the next combined- District 6-7-8 meeting. She announced two Town Meetings to discuss "The Proposed Recreation Center" on Thursday, March 16, 2000, at 7:00 P.M. in the City Council Chambers; and Tuesday, March 21, 2000, 7:00 P.M. at the Sheridan Park Community Center. Lastly, she announced a "St. Patrick's Day Benefit & Bash" sponsored by the "Y2R" Committee, to be held at the Sons of Norway Hall, beginning at 6:00 P.M., to raise funds in support of the Proposed Recreation Center and completion of Pendergast Regional Park. Tickets are $15.00 per person. MAYOR'S REPORT Mayor Horton announced The National Arbor Day Foundation has again named the City of Bremerton as a "1999 Tree City USA", which indicates the City takes municipal tree-care responsibilities seriously. She congratulated the City's Parks Department for all their efforts and the wonderCul job they are doing for the Community. LEGISLATIVE REPORT- There was no report this evening. PUBLIC RECOGNITION John Freeburg voiced his opposition to the proposed Port Blakely development project, west of Kitsap Lake, because he believes there are other, more appropriate locations in the County, and that such a development at this location would be detrimental to the environment. Don Larson, President of Kitsap Diving Association, passed out posters to announce the Sinclair Inlet Clean-Up event this year would be held Saturday, April 22, 2000. He asked if members of the Council could suggest activities or projects for local boy scouts or other volunteer groups who are periodically looking for community projects such as -planting trees or shrubs in honor of "Earth Day". Mr. Farr suggested that efforts would be greatly appreciated at Haddon Park at the corner of 15''h & Lafayette. Mr. Larson stated that he would talk with the Parks Director, and if anyone else had suggestions or ideas may call 373-7593 for additional information. Lastly, he suggested that the City work together with Olympic College to develop an International Youth Hostel for students in the area from other countries. Eliz beth B II asked the City to assist Mr. Larson with his ideas. Roy Mclnnis discussed issues of parliamentary procedures, and stated he would like to provide information from the University of Washington on this subject. Louis Soriano requested the City Council create an ordinance to immediately address the downtown parking situation. He discussed a memo regarding the Mayor's new Parking Committee, and voiced his concern that a "two-year plan in-the-works", was unacceptable, since this problem is urgent. Susan Brown again, inquired if a date has been set for a Study Session to discuss the City Council Rules & Procedures. Mr. McConnell stated that a "1St-DRAFT'' copy has been completed, but additional changes will still be needed. He offered his assurance that as soon as a "FINAL DRAFT" copy was complete, a Study Session, open to the public, would be scheduled to discuss the proposed changes. TAPE,#1693 City Oouncil Reg. Mtg. Minutes March 15, 2000 Page 3 of 4 9A - LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND THE POLICF MANAGEMENT ASSOCIATION, #AB00-07~ Carol Conley, Human Resources Manager, reported that pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Police Management Association resulting in the attached Labor Agreement. These negotiations have been discussed with Council in Executive Session. This Labor Agreement replaces the current agreement, which expired on December 31, 1999. The new Labor Agreement's term is January 1, 2000 through December 31, 2001. It has been ratified by the Union's membership. Council approval is required to implement the new agreement. She pointed out that a new handout was provided to correct an error on the Deferred Comp calculations. Police Chief Rob Forbes discussed major highlights of the contract. There were no comments from the public. Mr. McConnell asked for additional information on the Deferred Comp Program. Ms. Conley explained the employer invests up-to a 2-½ % match, with an up-to 2-½% match by the employee, into an IRS-457 qualified Deferred Compensation Plan to supplement their retirement, with funds not taxable until they are withdrawn at the age of retirement. #1185 M/S/C/U (Reed/Olsen) Motion to approve the Labor Agreement by and between the City of Bremerton and the Police Management Association January 1, 2000 through December 31,2001 and make the necessary administrative amendments to the 2000 budget. 10A - RESOLUTION NO. 2746, PROVIDING FOR THE SUBMISSION OF A PROPOSITION TO ELECTORS FOR THE MAY 16, 2000 SPECIAL ELECTION FOR A $16.5 MILLION PARKS & RECRETION BOND. #AB00-076 Mayor Lynn Horton stated that pursuant to Ordinance No. 4694, which City Council passed on February 16, 2000, provided for the submission to the voters on a May 16, 2000 Special Election, and the Proposition to issue and sell general obligation bonds to borrow $16.5 million to build a new Recreation Center, and to improve parks and levy annual excess property taxes to redeem the bonds, the City must request that the Kitsap County Auditor call the Special Election May 16, 2000 via a resolution. There were no comments from the public. Mr. Reed stated that he would not vote in favor of this resolution, due to the comments from constituents opposed to the current proposed plan for this recreation center. Mr. Esser also voiced his opposition for the necessity of a Special Election date due to the additional extra cost. Mr. Law expressed his support for the Special Election date because he believed 6-months was "too valuable" to lose. Mr. Olsen agreed, and added that it has been explained to them that the City would lose more money if they waited until November. #1515 M/S/C (Farr/Olsen) Motion to approve Resolution No. 2746 providing for the submission to the qualified electors of the City at the May 16, 2000 Special Election a Proposition to consider a $16.5 million Parks/Recreation Bond and Levy. Voted in favor of Motion: Farr, Olsen, McConnell, Law, Arends Voted opposed to Motion: Rollman, Reed, Esser Motion carried. TAPE #1693 City Council Reg. Mtg. Minutes March 15, 2000 Page 4 of 4 11A -ORDINANCE NO. 4697 (SECOND READING) VACATING PETERS STREET RIGHT-OF- WAY FROM POINDEXTER AVENUE TO HUMPREY AVENUE, #AB00-069 First Reading of Ordinance was presented at the City Council meeting on March 8, 2000. There were no comments from the public. #1525 M/S/C/U (Farr/Law) Motion to pass Ordinance No. 4697, vacating Peters Street right-of-way of second reading. 11B - ORDINANCE NO. 4698 (SECOND READING) VACATING 12TM STREET AND 'I'VVO ALLEYS BETVVEEN PARK AND ELIZABETH AVENUES, #AB00-070 First Reading of Ordinance was presented at the City Council meeting on March 8, 2000. There were no comments from the public. #1560 M/S/C/U (Reed/Olsen) Motion to pass Ordinance No. 4698, vacating 12th Street and 2 alley right-of-ways on second reading. 11C - ORDINANCE NO. 4699 (SECOND READING) VACATING A PORTION OF SHORE DRIVF BE'I'VVEEN PERRY AVENUE AND IRONSIDES AVENUE, #AB00-071 First Reading of Ordinance was presented at the City Council meeting on March 8, 2000. There were no comments from the public. #1600 M/S/C/U (Law/McConnell) Motion to pass Ordinance No. 4699, vacating a portion of Shore Drive right-of-way on second reading. 11D - ORDINANCE NO. 4700 (SECOND READING) VACATING A PORTION OF CHESTER AVENUE FROM 11TM STREET, NORTHWARD 120 FEET, #AB00-07? First Reading of Ordinance was presented at the City Council meeting on March 8, 2000. There were no comments from the public. #1635 M/S/C/U (McConnell/Olsen) Motion to pass Ordinance No. 4700, vacating portion of Chester Avenue right-of-way on second reading. With no further business, meeting adjourned at 6:20 P.M. PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton PJ/CA/Is/cg C: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: March 22, 2000 Professional Services Agreement ORIGINATING DEPT: Legal Extensions ORIGINATOR: Glenna Malanca, City Attorney DATE SUBMITTED: March 8, 2000 2-~X, C.~ARANCES:? (Comment on back if necessary) 3. EXHIBITS: 'CITY"AT.~ORNEY'-~ -- ~ Professional Services Agreement .~/____~~r_.~~ ~ Extension - Marten & Brown F~scal & ~udget Committee Operations Committee ENDORSEMENT [] INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR ~ ~' COUNCIL PRESIDENT ~ '~- ~ 4. SUMM~R~ STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has retained counsel to provide legal services in areas of expertise. Upon occasion a new law firm is asked to extend their services for additional time or compensation when the City is satisfied with the current services being received and are in litigation. Marten & Brown is representing the City in the Tal Price/A&K Trust lawsuit regarding Shellfish harvesting in Dyes Inlet. Marten & Brown will be asked to provide additional services for sum not to exceed an additional Fifty Thousand Dollars ($50,000). 8. RECOMMENDATION: Motion to approve the amendment to professional services agreement with Marten & Brown an increasing compensation not to exceed an additional Fifty Thousand Dollars ($50,000), for a total contract amount of $125,000. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: ~ EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE~ COUNCIL DIRECTIVE: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 7 5. IMPACT OF NON-PASSAGE: Overload upon City resources to detrimental of other responsibilities. Summary judgment motions have been filed by both Tal Price and the City. The City is hopeful that this case will be resolved on a Suramary Judgment level. 6. I~PACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES.: Marten & Brown - City legal staff is currently handling most of the City's litigation. This case involves a large quantity of discovery materials and requires substantial staff support. Provision for these legal services is in the Public Works budget. 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT Retained Counsel Services - Amendment This agreement is by and between the City of Bremerton (hereinafter "City") and Marten & Brown (hereinafter "Retained Counsel"); and is made and entered into pursuant to the provisions of Chapter 39.34 RCW. WITNESSETH: WHEREAS, the parties entered into a professional services agreement for legal services to be provided to the City by Retained Counsel on October 1, 1999; and WHEREAS, the parties wish to amend the agreement to provide for additional compensation; NOW THEREFORE, in consideration of the mutual covenant hereinafter stated, the parties hereto agree as follows: Section 3. Compensation, is amended to read: This agreement shall not exceed an additional Fifty Thousand Dollars ($50,000). All other terms and conditions of the parties October 1, 1999 Professional Services Agreement shall remain in full force and effect unless inconsistent with this agreement. Dated this day of ,2000. CITY OF BREMERTON MARTEN & BROWN BY: BY: LYNN S. HORTON, Mayor GILLIS E. REAVIS DEPARTMENTAL APPROVAL: W. EUGENE SAMPLEY, Director of Public Works & Utilities APPROVED AS TO FORM: GLENNA MALANCA, City Attorney RECEIVED FOR FILING: KATHLEEN McCLUSKEY, CITY CLERK PROFESSIONAL SERVICES AMENDMENT Marten & Brown.Amd - 3/2//00 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: SR 304 TIP, GATEWAY PHASE: FOR AGENDA OF: March 22, 2000 PORTER ST. TO MONTGOMERY ORIGINATING DEPT: Public Works & Utils AVE.- BID AWARD ORIGINATOR: Ran, DATE SUqBMITTED: March 9, 2000 2. CLEAR~. NJ:2ES: (Comment on back if necessary) 3. EXHIBITS: //'~-'~'~/'// 1~ BID TABULATION Director off'~~ ~ f-' ~~~__~_.~_z.-------~' 2. SITE MAP City Atto~ City Treasurer Purchasing Supervis.o,r~ Council Fiscal & B~dget .C..j>m_m_itt~.e ..vz(/,/× Council Operations Committee ENDORSEMENT/t~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: DR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Bids were opened for the SR 304 Transportation Improvement Project, Gateway Phase contract on March 8, 2000. This contract provides for the realignment and construction of the SR 304 roadway from Porter Street and Cambrian Avenue to Burwell Street and Montgomery Avenue. The contract work includes removing existing streets and alleys and constructing new roads, sidewalks, storm drainage, ornamental street lighting, traffic signals, permanent signing, fencing, landscaping and irrigation. Two bids for this project were received. Stan Palmer Construction, Inc. was the lowest responsive bidder with a bid of $4,243,253.28. The Engineer's estimate for the project is $4,694,296.14. The action before the City Council is approval of the contract with Stan Palmer Construction for the SR 304 Transportation Improvement Project, Gateway Phase contract. 8. RECOMMENDATION: The City Council approve award of the bid of $4,243,253.28~ with Stan Palmer Construction, Inc. for the SR 304 Transportation Impro.vement, Gateway Phase contract and authorize the Mayor to execute the same. 14; ;~ AP,n,qgVAL ........ "'"' OPO,"; ............... ;,.,.Tlg;l FRO,", ""lE TRANSFC, F~TAT'n~ .... ^,,T ....ZAT,,..,,, Ir. CO,";T', ....... ,q,..,..r..,PT OF I-,"ff'RCV.'-::?;T ,SOAF, D~~, , 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ~.~.w~_ ~~ _ ENFORCEMENT OFFICIAL: Director Pub Wks & Util ,/~,C.O,et~ /; ~,'O O EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION 9 B PULLED [] TABLED [] APPROVED [] DISAPPROVED I1 AMENDED I1 COUNCIL DIRECTIVE: (OVER) 11. AGENDA BILL NO.: O~jj~' O 7 ~ 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 5. IMPACT ON NON-PASSAGE: Funding by the State and Federal agencies used for the design of this project will have to be returned. The project will not be built and existing traffic capacity safety issues will remain. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: 4800 staff hours for construction administration, inspection. Budget: This project is included in the 2000 budget as part of the 2000 Arterial Street fund and sufficient funds exists to do this work with the additional funding the City will receive from other funding sources. The City will be receiving funding from the Federal Highway Administration and the State Transportation Improvement Board. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: CITY OF BREMERTON BID TABULATION DATE OPENED: ~¥'~-I G,.._O_ ............ TIME OPENED: _:':..m.~_,'--*~ RECORDED BY~-~)~J~,,. ~-*; ~'l BIDDER [ aEc'~ I ITEM 1 ITEM 2 ITEM 3 II EM 4 ITEM 5 Nt~ I llll) lAX I[)TAL . .-.. ~ SUMMARY ,... ,. TOTAL BID ............. C.___OM_.M._[NT_~ ............................ t' LOW BIIX)~R ! ~ ,_~,' 'iI'~ ~ ~ ,~ '~ GATE , - -' SR- 04 WAY IMPROVEMENTS : ' " '"ORTE ~ ~' R TO MONTGOMERY - ~ ~,, ~ ~ ~. ~ ~ ........ ~,, . ,,~ u;, ..,, ,,,,,,. ,,,,.,,,J ......... : ................ ~.. ..~.~ ...... ~ - ,,= = = ~, ~ -~,- --~_ Parametrlx. ln,. CITY OF BREMERTON  DEPARTMENT OF PUBLIC WORKS & UTILITIES AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: SR 304 TIP, GATEWAY PHASE: FOR AGENDA OF: March 22, 2000 CONTRACT CHANGE ORDER ORIGINATING DEPT: Public Works & Utils AUTHORIZATION ORIGINATOR: Rand, DATE SUBMITTED: March 2. CLEARA4NC~- (Comment on back if necessary) 3. EXHIBITS: Director of Utilities City Att~ City Treasurer Purchasing gupervisor Counetq~is_cal-8~ B~.eet Committee Coun~l Operat'ior]~ ~ommittee ENDORSEMENT~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR ~ ~ COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The contract bid from Stan Palmer Construction for the SR 304 Transportation Improvement Project, Gateway Phase is $4,243,253.28. Staff requests, in accordance with BMC 2.76.500(b)(2), that the City Council provide the Mayor with $250,000 of change order authority. BMC 2.76.500(a)(4) only allows for an increase of 20% of the contract price or $30,000, whichever is less~ which is inadequate for a contract of this size and complexity. The requested $250,000 of change order authority is less than 6% of the contract bid amount. This additional change order authority will allow for the expedient processing of change orders during the construction of the roadway. 8. RECOMMENDATION: The City Council authorize the Mayor to execute change orders on the SR 304 Transportation Improvement Project, Gateway Phase contract to a limit of $250,000 for a total contract amount not to exceed $4,493,253.00 in accordance with BMC 2.76.500(b)(2). 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OFACTION 9 C PULLED [] TABLED Il APPROVED [] DISAPPROVED I1 AMENDED [] COUNCIL DIRECTIVE: (OVER) 11. AGENDABILLNO.: 00~'0~0 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 5. IMPACT ON NON-PASSAGE: Potential contract delays and claims for delay by the contractor may occur if contract change orders have to be approved by the City Council prior to the execution of the work. This action will allow contract change orders to be processed in a timely manner. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: Stafftime will be reduced in processing change orders through the City Council. Budget: With the additional change order authority given to the Mayor the contract is still below the Engineer's estimate and within the project's available funding. This project is included in the 2000 budget as part of the 2000 Arterial Street fund and sufficient funds exists to do this work with the additional funding the City will receive from other funding sources. The City will be receiving funding from the Federal Highway Administration and the State Transportation Improvement Board. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: 2.76.500 -&ME ND ME NTS `&ND CILAxN GE ORDERS. (a) Amendments or change orders to contracts requiring City. Council approval under · this chapter ma.,,' be administratively approved by the Mayor if the changes are: (1)Within the scope of the project; (2)Consistent with an initial bid process, if any; (3)Executed in ',wiring; and (4)An increase of 20% of the ._ contract price or $30,000.00, whichever is less. (b) The value of all change orders Will be .- aggregated. WI'ten an.',' single change order, or combined change orders on the same project or single purchase .' exceeds, the value limit, 'the change must be approved bv Cie' Council, except in the following instance: (1)On service contracts used to accomplish an ongoing City. program as opposed to 'completing a short term project or purchase, change order rules, including the aggregate rule, shall be applied on an annual basis. (2)Where the size of the contract and the exhausting of change order authoritS' make further change order ._ authorization impractical, the City Council may, -. upon recommendation of the Mayor, extend the " aggregate limits of subsection (4) for specifi.c contracts. (Ord. 4492 §1 (in part), 1994). AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Professional Services Agreement w/ FOR AGENDA OF: March 22, 2000 Washington Timberland Management ORIGINATING DEPT: Public WorksdUtil. £or Harvest Management and ORIGINATOR: Forestry Manager Marketing DATE SUBMITFED: 3/10/00 ,/ 2. CLEARANCES (comment on back! if n~)ary): 3. EXHIBITS: Professional Services Agreement / Director PW&U ~, ×~. ~ City Treasurer -,~,~._ _~ -n'Tff-..':r~ J Risk Manager - ' . Operations Committee ~~~ Fiscal & Bridget Committee ~-~: ..2~-. ENDORSEMENT /~, INFO~ON APPROVED BY COUNCIL PRESIDENT FOR SUBMITrAL: 4. S~Y STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Washington Timberland Management (WTM) will assist in completing Forest Practices applications, conduct field marking, provide logging plans, operator, operations management, and marketing for highest value, on selected second growth timber stands within Water Utility forest land as specified by the Forestry Manager. Harvest operations will consist of both even-age and uneven-age types. Residual stocking and leave tree selection will be determined by the Forestry Manager. This action will further the overall goals of the Forest Management Plan and will substantially contribute to the Water Utility's revenue (over) 8. RECOMMENDATION I move to authorize the Mayor to execute the attached professional services agreement. 9. RESPONSIBLE OFFICIAL: Public Works/Util. Director ENFORCEMENT OFFICIAL: Forestry Manager EXPIRATION DATE: December 31, 1999 REVIEW DATE: NA 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE:~ 11. AGENDA BILL NO: OO-- 1 2. CLEARANCE COMMENTS: 3. SUMNLSd~Y STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (continued from page 1) for 2000. WTM will be compensated by receiving 9% of the delivered log price on harvested timber. 5. I34_PACT ON NON-PASSAGE: Reduction of annual timber income which negatively impacts cash flow for the Water Utility. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: This professional service supplements small Forestry Division staff and enhances ability ofstaffto complete other timber sale projects for revenue as well as other Division responsibilities. Budget: Component of projected annual revenue for the Water Utility. Facilities/Equipment: NA 7. RESEARCH SOURCES: Forestry Manager PROFESSIONAL SERVICES AGREEMENT Timber Harvest Management and Marketing The City of Bremerton ("City") and Washington Timberland Management, Inc. ("Contractor"), referred to collectively as the "Parties", enter into the following Agreement for professional services: I. Scope: The Contractor will perform the services set out in the Scope of Work, 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 the Scope of Work provides for unspecified additional services the City may request, such services shall only be performed upon the express, written request of the City. II. Term: This Agreement commences on the date of execution of this Agreement and terminates on December 31, 2000 unless another date is substituted pursuant to Sections VI.D. or VIII. IlL Compensation: In consideration of the services provided pursuant to this Agreement, the City shall compensate Contractor in an amount not to exceed nine percent (9%) of the delivered log price for timber harvested. It is understood to be mutually beneficial to both Parties to deliver harvested timber to markets of highest value. Contractor's charges and bills shall conform lo the fee schedule, which is attached as Exhibit B and incorporated by reference. The Contractor shall submit regular 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, the City shall promptly process payment. Contractor 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, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Contractor of its obligations under this Agreement. IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Contractor and its personnel are independent contractors and not employees of the City. Bremerton/WTN 1 \q Contractor and its personnel have no authority to bind the City or to control the City's employees and other contractors. Contractor shall work under the direction of the Forestry Manager. As an independent contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over contractor or its personnel. As an independent contractor, Contractor is responsible tbr payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O. State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Contractor. V. Insurance and Hold Harmless: Prior to commencement date of this Agreement, Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: a comprehensive general liability ("CGL") policy providing coverage of at least $1,000,000 per occurrence and including bodily injury and property damage. The CGL shall name the City as an additional insured. Policy shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with 30 days written notice of any change of coverage of policy. Contractor shall be solely responsible for the acts and failures to act of its personnel which arise in any way out of performance of this Agreement. Contractor agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorney's fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Contractor have specifically negotiated Contractor's waiver of immunity under Title 51 RCW, which is hereby waived for. purposes of Contractor's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, clairm or lawsuit is judicially found to arise solely fi.om the acts or failures to act of the City. VI. General Conditions: A. Reports and Information: When requested by the City, Contractor 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. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement Bremerton/WTM 2 ~0 between the Parties. and the Parties acknowledge that there are no other agreements, written or oral. that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: City Address Contractor Address Forestry Manager Gary Hanson, President Bremerton Public Works & Utilities Washington Timberland Management, Inc. 3027 Olympus Drive P.O. Box 130 Bremerton, WA 98310 Union, WA 98592 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: Contractor shall comply with all applicable Federal, State, and local 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. Attorney Fees: The substantially prevailing party in any litigation arising out of this Agreement shall be entitled to its reasonable attorney's fees and other court costs. VII. Nondiscrimination: Contractor 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 a bona fide occupational qualification. VIII. Termination: This Agreement may be terminated at will, by either party upon 30 days' notice to the other Party. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within five days of the terminating Party's sending notice to the non-performing Party. Upon termination the City will be entitled to reports showing the status of all items listed in the Scope of Work current through the termination date. Bremerton/WTM 3 Dated: CITY OF BREMERTON CONTRACTOR By: By: Its: Its: By' Approved as to form: By: Bremerton/WTM 4 EXHIBIT A Scope of Services for Timber Harvest Management and Marketing Deliverables: For harvest units within Water Utility forest lands selected by the Forestry Manager, Washington Timberland Management, Inc. shall provide the following: 1) Complete or assist in completing, Forest Practices Applications in a fbrm acceptable to the Washington Dept. of Natural Resources, by a date mutually agreeable to the City and WTM. 2) Determine appropriate logging system to economically harvest timber on selected units. Harvest type (even-age, uneven-age, and/or combination) shall be determined by the Forestry Manager. Residual spacing, leave tree, and harvest tree selection to be prescribed by Forestry Manager in consukation with Contractor on each harvest unit. 3) Field locate and mark unit boundaries and new road construction centerlines. 4) Plan, coordinate, and supervise all road construction, harvesting, and hauling operations on specified harvest units, per above items and in conformance with current or revised forest practice regulations. Operations are to be conducted so as to achieve the following general conditions upon completion: Achieve spacing requirements and leave tree selection as directed by Forestry Manager · Minimize damage to all leave trees · Harvest areas requiting reforestation shall be left in a condition conducive to planting · Non-merchantable tops and limbs shall be left within the harvest unit providing no large accumulations of slash are created as determined by the Forestry Manager · Slash at landings shall be machine-piled and fire-trailed · Roads, yarding corridors, and skid trails shall be left in a condition to prevent erosion as prescribed by Forest Practice regulations 5) Provide log accountability records and timber payment disbursements including periodic and final accounting statements (more fully specified in Schedule B). Bremerton/WTM 5 EXHIBIT B Fee Schedule for Timber Harvest and Marketing Logging and Marketing 1) Contractor shall receive nine percent (9%) of the delivered log price for timber harvested as part of this Agreement. No compensation will be paid to Contractor for pulp sort prices under $24.00/ton delivered price. Delivered log prices shall be fi.om the best possible domestic markets (all City timber is "export restricted" under WAC 240-15; all pertinent State and Federal regulations apply). 2) The following shall be deducted fi.om log proceeds: · Contractor Fee (9%) · Logging and haul costs · Authorized road building expenses · Forest Excise and B&O taxes 3) Contractor shall provide the City with a periodic summary in a format approved by the Forestry. Manager, showing market, volume and grade delivered, price per unit, total mill payments, disbursements to the City, WI'M, and logger, as well as other expenses described above or required by the Forestry Manager. Out of Scope Services Any out-of-scope services approved by the Forestry Manager shall be paid for on a time and materials basis according to the following schedule: Miscellaneous Forestry Services $50.O0/hour Mileage $ 0.325/mile Contractor shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process claim for payment. Bremerton/WTM 6 AGENDA BILL BREMERTON CITY COUNCIL '1. SUBJECT: FOR AGENDA OF: 03/22/00 Labor Agreement By and Between the City of Bremerton ORIGINATING DEPT: Human Resources and the Bremerton Police Officer's Guild ORIGINATOR: Carol Conies/, HR Manager DATE SUBMITTED: 3/15/00 2. CLEARANCES: Comment of back if necessary) 3. EXHIBITS: Labor Agreement Glenna Malanca, City Attorney,,,~--'-,,,,( Rich Hanna, City Treasure~ ENDORSEMENTS X INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Bremerton Police Officeds Guild resulting in the attached Labor Agreement. These negotiations have been discussed with Council in Executive Session. This Labor Agreement replaces the current one which expired on December 31, 1999. The new Labor Agreement's term is danuary 1, 2000 through December 31,2000. It has been ratified by the Union's membership. Council approval is required to implement the new agreement. 8. RECOMMENDATION: I move to approve the Labor Agreement By and Between the City of Bremerton and the Bremerton Police Officer's Guild January 1, 2000 through December 31, 2000 and make the necessary amendments to the 2000 budget. 9. RESPONSIBLE OFFICIAL: Carol Conley' ENFORCEMENT OFFICIAL: Carol Conley EXPIRATION DATE: 12/31/00 REVIEW DATE: 07/01/00 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~ AMENDE COUNCIL DIRECTIVE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Non-passage would result in continued negotiations and declaration of impasse. 6. IMPACT ON STAFFING~ BUDGETS~ FAClLITIES~ EQUIPMENT OR OTHER RESOURCES: The cost of these changes will be approximately $105,000. Sufficient funds are available in the 2000 budget to cover the cost of implementing this agreement. 7. RESEARCH SOURCES: COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BREMERTON and BREMERTON POLICE OFFICERS GUILD' OF January 1, 2000- December 31, 2000 TABLE OF CONTENTS TO TiqF~ LABOR AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND BREMERTON POLICE OFFICERS GUILD JANUARY 1, 2000 - DECEMBER 31, 2000 ARTICLE TITLE PAGE PP,.EAMBLE ............................................................................................................................................... 1 ARTICLE 1 DISCRIMINATION ALLEGATIONS ............................................................... I ARTICLE 2 RECOGNITION ................................................................................................. 1 ARTICLE 3 GUILD DUES ..................................................................................................... 1 ARTICLE 4 GUILD ACTIVITY ............................................................................................ 2 ARTICLE 5 WAGES .............................................................................................................. 3 ARTICLE 6 HOURS OF WORK ............................................................................................ 4 ARTICLE 7 OVERTIME ........................................................................................................ 6 ARTICLE 8 VACATION LEAVE .......................................................................................... 7 ARTICLE 9 HOLIDAYS ........................................................................................................ 9 ARTICLE 10 SICK LEAVE ...................................................................................................... 9 ARTICLE 11 INDUSTRIAL DISABILITY ............................................................................. 11 ARTICLE 12 OTHER PAID LEAVE ....................................................................................... 12 ARTICLE 13 RETIREMENT BENEFITS ................................................................................ 12 ARTICLE 14 INSURANCE BENEFITS .................................................................................. 12 ARTICLE 15 CLOTHING AND UNIFORM CLEANING ALLOWANCE ............................ 14 ARTICLE 16 PERSONNEL PRACTICES ............................................................................... 14 ARTICLE 17 MANAGEMENT RIGHTS ................................................................................ 17 ARTICLE 18 PERFORMANCE OF DUTY/NO STRIKE ....................................................... 17 ARTICLE 19 GRIEVANCE PROCEDURE ............................................................................. 17 ARTICLE 20 SEVERABILITY ................................................................................................ 19 ARTICLE 21 ENTIRE AGREEMENT ..................................................................................... 20 ARTICLE 22 CONFLICTING PROVISIONS .......................................................................... 20 ARTICLE 23 LABOR MANAGEMENT COMMITTEE ......................................................... 20 ARTICLE 24 PREMIUM PAY ................................................................................................. 20 ARTICLE 25 DEFERRED COMPENSATION ........................................................................ 21 ARTICLE 26 TERM .................................................................................................................. 21 APPENDIX A ............................................................................................................................................ 23 APPENDIX B ............................................................................................................................................ 25 LABOR AGREEMENT BY AND BETWEEN THE CITY Of BREMERTON AND BREMERTON POLICE OFFICERS GUILD JANUARY 1, 2000 THROUGH DECEMBER 31, 2000 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the Bremerton Police Officers Guild hereinafter known as the "Guild" for the purpose of setting forth the wages, hours and working conditions which shall be in effect during the term of this Agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE I DISCRIMINATION ALLEGATIONS 1.1 An employee who believes that he or she has been the subject of unlawful discrimination on the basis of political affiliation, age, sex, marital status, race, creed, color, religion, national origin or activity protected by RCW 41.56 shall seek relief through the appropriate local, state or federal agency charged with investigating such matters and shall not process such complaints through the Grievance Procedure of this Agreement. ARTICLE 2 RECOGNITION 2.1 The City recognizes the Guild as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and working conditions for the bargaining unit described in the State of Washington Public Relations Commission Decision No. 2371- PECB dated the 10th day of January, 1986 as: "All full-time and regular part-time uniformed employees holding the rank of sergeant or below in the Bremerton Police Department; excluding all confidential or supervisory and other employees of the employer." ARTICLE 3 GUILD DUES 3.1 DUES DEDUCTIONS: The City will deduct monthly Guild dues and initiation fees uniformly required of membership from the pay of those employees who provide written authorization to the City to make such deductions. The City will transmit the total amount of deductions to the Treasurer of the Guild. 3.2 MAINTENANCE OF MEMBERSI-IIP: An employee who is a member of the Guild upon the date of the signing of this Agreement and an employee who joins the Guild subsequent to the date of the signing of this Agreement shall maintain membership in good standing with the Guild through the payment of periodic dues assessed by the Guild during the term COLLECTIVE BARGAINING AGREEMENT PAGE1 CITY OF BREMERTON, WASHINGTON- BREMERTON POLICE OFFICER GUILD 03/13/00 ~1. q of this Agreement. An employee who was not a member of the Guild prior to September 3, 1986 shall not be subject to this Article. 3.3 SERVICE FEE OPTION: New employee within thirty (30) calendar days of hire and all other employees shall elect whether that employee wishes to (1) join the Guild and pay Guild dues and fees or (2) decline to join the Guild and pay a service fee equivalent to regular Guild initiation fees and dues to the extent permitted by law. 3.4 EQUIVALENT DUES PAYMENT: In accordance with RCW 41.56, objections to joining the Guild which are based on bona fide religious tenets or teachings of a church or religious body as may be determined by the Public Employment Relations Commission will be observed. Any such employee shall pay an amount of money equivalent to regular Guild dues to a nonreligious charity mutually agreed upon by the employee affected and the Guild. 3.5 FAILURE TO COMPLY: An employee who fails to comply with this Article shall be terminated upon notice of such fact in writing from the Guild to the City. Termination of such an employee shall become effective within thirty (30) calendar days from the date the City received the notice, unless the employee has remedied the delinquency within said thirty (30) calendar day period provided that the habitual failure to timely pay dues, service fees or charitable contributions shall, upon the request of the Guild, result in the discharge of the offending employee. 3.6 HOLD HARMLESS: The Guild shall indemnify and hold the City harmless from any and all liability to third parties resulting from the administration of the provisions of this Article. ARTICLE 4 GUILD ACTIVITY 4.1 CONDUCT OF GUILD BUSINESS: Guild business, such as handling grievances and other legitimate routine matters, may be conducted on Police Department premises provided that such business does not interfere with Police Department operations and is authorized by the Police Chief or designee. Scheduled Guild meetings may be held in Police Depmtment facilities provided that such meetings do not interfere with Police Department operations and are approved in advance by the Police Chief or designee. 4.2 GUILD REPRESENTATIVES: The Guild shall provide written notice to the Mayor, the Director of Human Resources and the Police Chief of the names of the officials authorized to represent the Guild immediately upon their election or appointment. The City will provide reasonable access to City premises to such authorized representatives for the purpose of handling grievances and other legitimate Guild business provided that such access does not interfere with the work and duties of Guild employee representahves or of other on-duty employees. The Police Chief or designee shall grant an employee who is also an Guild Representative reasonable release time while on duty for the purpose of handling grievances and other legitimate Guild business, provided that such release time does not unreasonably interfere with the work and duties of the employees or of other on-duty employees. 4.3 USE OF CITY PROPERTY: Use of City property is authorized as provided below. COLLECTIVE BARGAINING AGREEMENT PAGE 2 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 30 4.3.1 USE OF EQUIPMENT: The following Police Department equipment is authorized for use by authorized Guild representatives for Guild business: 4.3.1.1 WORD PROCESSING EQUIPMENT, COMPUTERS AND TYPEWRITERS: when needed for short work. 4.3.1.2 COPY MACttINES: up to five (5) copies for members of the Guild's board. If more are needed, the Guild shall reimburse the Police Department for costs subsequent to receipt of an itemized billing. 4.3.1.3 TELEPHONE: Local calls are approved. Costs of long distance calls and FAX use shall be reimbursed by the Guild to the Police Department subsequent to receipt of an itemized billing. 4.3.2 BULLETIN BOARDS: The Police Department shall permit the reasonable and lawful use of bulletin boards by the Guild for the posting of notices relating to official Guild business. ARTICLE 5 WAGES 5.1 HOURLY WAGE RATES: Hourly wage rates shall be paid as set forth in Appendix A which is attached hereto and made a part hereof. 5.1.1 Advancement through the hourly wage rates from the first rate through the final rate of the longevity scale will occur upon completion of the prescribed number of full year(s) of continuous employment since the employee's last wage placement. In the event an employee is on approved leave of absence without pay, the employee's next wage rate advancement date will be extended by the actual number of days the employee was absent on such leave. No such step increase shall be denied employees who have met acceptable performance standards. Step increases may be withheld for a maximum of six (6) months. The denial of a step increase is subject to the grievance procedure. 5.1.2 A new employee's wage rate shall be set at the first year rate, except that a new employee who has prior paid work experience as a full time Patrol Officer in a police service which operates a full time service using paid employees, may have his or her wage rate set at the second year or third year rate based upon relevant years and type of prior experience. Placement at second or third year rates shall be determined by the City. 5.2 LONGEVITY PAY: Longevity pay, which is a rate of pay based on the length of completed continuous service with the City, shall be calculated on the individual employee's hourly wage rate and shall be paid as follows: Length of Continuous Service Rate Per Hour 0 through 5 years continuous employment 0% COLLECTIVE BARGAINING AGREEMENT PAGE 3 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 Commencing 6 through I0 years continuous employment 1% Commencing 11 through 15 years continuous employment 2% Commencing 16 through 20 years continuous employment 3% Commencing 21 through 25 years continuous employment 4% Commencing 26 years and over continuous employment 5% 5.3 ON CALL PAY: When the Employer places an employee on "on-call status," the employee shall be compensated at a rate of one-third (I/3) the regular hourly rate of pay for time spent on call. The following time spent on call is compensable: When an employee is required to remain at any particular place during the on-call time, and the employee must be prepared to respond. This provision shall not apply to employees who normally carry pagers, and such employees' time off shall not be restricted. 5.4 OFFICER IN CltARGE: When a patrol officer is assigned substantially the full duties of Sergeant, the officer will be paid at a rate as if promoted to Sergeant for the duration of the assignment. ARTICLE 6 HOURS OF WORK 6.1 NORMAL HOURS OF WORK: The normal hours of work shall be forty (40) hours per week. shifts for the Operations Division are as follows: Day 6 a.m. - 2 p.m. Swing 2 p.m. - 10 p.m. Grave 10 p.m. - 6 a.m. Days off will be assigned by supervisors as currently practiced. Other shifts may be worked, provided they do not exceed forty (40) hours per week and are mutually agreed to by the Employer and employee. Individuals that apply for other Operational units of work such as Bike Patrol, Boat Patrol, Traffic Unit, K-9 Unit, School Resource, special grant assignments, agree UP front when selected for the assignment to mutually agree to adiust hours as outlined in the assignment announcement. The Department shall provide at least 72 hours advance notice of the need to adjust schedules for these special units. The Department shall work on resolutions with the employee when a change in the work week creates personal issues and shall seek volunteers first before requiring such officers to change their schedule. The Support Services Division is comprised of the Special Operation Group, General Investigations, Community Resource Unit and other specialty non-patrol units of work. Employees of this Division are scheduled to work eight (8) daily hours or as mutually agreed. 6.2.1 Shift assignments within the Patrol and Traffic Divisions shall be bid by seniority at least twice annually, on March 1st and September 1st, provided that no more than thirty-three percent (33%) of the positions within the Patrol and Traffic Division COLLECTIVE BARGAINING AGREEMENT PAGE 4 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 --, shall be exempt from the bidding process and assigned as is provided below. For the purposes of this section, seniority shall be defined as all paid regular time worked as a commissioned officer with the City of Bremerton Police Department. Special events and emphasis patrol for the traffic division shall be excluded from Article 6. 6.2.2 Exempt positions may be assigned at the sole discretion of the Chief of Police, provided that no officer past his or her one-year probationary period may be reassigned to another shift more often than once every six months. 6.2.3 Notwithstanding 6.2.1 and 6.2.2, the Chief of Police may reassign any non- probationary employee for just cause twice each year and probationary employees may be reassigned to shifts at the discretion of the Chief of Police. 6.2.4 Sergeants shall be allowed to bid for shifts on the basis of time since promotion to Sergeant, provided Section 6.2.2 and 6.2.3 above shall not apply to Sergeants, and provided further, the Chief of Police may assign a Sergeant to a particular shift without regard to seniority when such assignment is reasonably necessary to the efficient provision of police services. 6.3 SltlFT EXCItAxNGES: Employees may exchange full or partial shifts when the change does not interfere with the duties and responsibilities of the employees in their positions and provided that the immediate supervisors of such employees find that no interference will occur as the result of a mutually agreeable shift exchange. The Police Chief or the Chief's designee may overrule such a finding by the immediate supervisor in the event that the Department's service or training needs require specific employees to be on duty during their assigned shifts. 6.4 SI-lIFT CHANGEOVER COORDINATION: An employee who has been transferred from one shift to another shall normally be scheduled to begin the newly assigned shift upon a day or at a time which results in the employee receiving at least eight (8) hours of rest between work shifts. In the event that the transfer from one shift to another results in an employee receiving less than eight (8) hours of rest between work shifts, the employee shall be paid overtime for time worked during the eight (8) hour period between work shifts. An employee who receives a minimum of eight (8) hours of off-duty time between work shifts shall not be eligible for overtime compensation for shift changeover coordination time. 6.5 ASSIGNMENT TRANSFER REVIEW REQUEST: Assignment transfers will be made at the discretion of the Police Chief or designee. Except in emergencies, at the employee's request, the Police Chief will provide his/her reason for the assignment transfer prior to the transfer. The employee may submit information as to why the assignment transfer should not take place. The Police Chief will review the information and inform the employee of his/her decision. This review process is not subject to the grievance procedure. 6.6 TRAINING: Work shifts may be changed by the employer to accommodate structured training as follows: a) At least seven (7) calendar days advance notice is provided to the employee, b) The shift change will be for full day training schools/sessions. COLLECTIVE BARGAINING AGREEMENT PAGE 5 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 3'3 c) If training is scheduled dunng a normal day oft: the employee will keep his/her normal work schedule and be paid overtime. d) The parties further agree that the tbregoing may be changed by mutual agreement, on a case-by-case basis. ARTICLE 7 OVERTIME 7.1 OVERTIME DEFINED: Overtime is all required and authorized work performed in excess of an employee's normal work schedule. 7.2 OVERTIME COMPENSATION: Overtime work shall be compensated at the rate of one- and-one-half (1 72) times an employee's hourly rate in cash or in one-and-one-half (1V2) times the overtime hours worked in compensatory time. Overtime compensation in compensatory time may be granted upon the request of the employee and with the approval of the Police Chief or designee. 7.3 LIMITATION ON COMPENSATORY TIME: Accrued Compensator',' time muzt bc ~o~ ~.~-"4~ ~,"+ *~.,. :=aight "..,. ...... ~,~,. ~e maximum allowed accrual of compensato~ time is fif~ (50) hours and all time accrued in excess of that maximum shall be paid at the applicable rate, provided that time earned may be cashed out upon ~e employee's request as provided below. A request for compensato~ time can be denied if it "unduly disrupts" the operation of the Depatmxent. Undue disruption is more than inconvenience to the Depa~ent. ~is will be detemined on a case-by-case basis. For requests to use one day of compensato~ time one-day notice is required. For request to use more than one (1) day ofcompensato~ time, five (5) days notice is required. .E. mployees who wish to cash out accumulated compensatory time will have the option of receiving this pay at the end of November of each year. Employees who exercise this option may submit their request in writing to the Chief no later than November 1 each year. 7.4 CALL BACK OVERTIME: An employee who has left the workplace and who is called back to duty with less than twenty-four (24) hour notice for a period of time which is less than three (3) hours, shall receive a minimum of three (3) hours of overtime compensation. 7.5 COURT AND/OR SUBPOENAED APPEARANCES: An employee who appears in Court arising out of his/her employment with the City or who responds to a subpoena on behalf of the City on off-duty time shall receive a minimum of two (2) hours of overtime compensation for such appearance. An employee who has been subpoenaed to appear in Court shall call the Court on the morning of the date of the scheduled appearance to confirm that the subpoena is still active. If the subpoena remains active after the telephone call, the employee shall then qualify to receive a minimum of two (2) hours of overtime compensation for responding to the subpoena. If the subpoena is no longer active after the employee calls in, no compensation shall be due the employee. 7.6 For civil subpoenas, payment for off-duty subpoena appearance is based on matters resulting from the employee performing police duties for the City. Off-duty officers will be COLLECTIVE BARGAINING AGREEMENT PAGE6 CITY OF BREMERTON, WASHINGTON- BREMERTON POLICE OFFICER GUILD 03/13/00 c~)~f compensated for total time in Court at the overtime rate of pay or a minimum of two (2) hours whichever is greater. Wimess fees received by the officer from the plaintiff or defendant shall be assigned to the City. This Agreement does not include other subpoenaed appearances, such as Civil Service or arbitration subpoena, or compensation for telephone calls. The employee shall notify the Chief or designee as soon as the subpoena is served. ARTICLE 8 VACATION LEAVE 8.1 VACATION ACCRUAL: Employees shall accrue vacation time with pay for all regularly scheduled work time including paid holiday, sick leave, vacation and other leave time and excluding time for which workers' compensation time loss benefits are paid pursuant to the following schedule: Period of Continuous Full Time Employment Annual Accrual Date of Hire through 5 years 104 hours 6th year 120 hours 7t~ year 128 hours 8t~ year 136 hours 9th year 144 hours 10~h year 152 hours 11 ~ year 160 hours 12th year 168 hours 13th year 176 hours 14t~ year 184 hours 15t~ year 192 hours 16th year 200 hours 17t~ year and thereafter 208 hours 8.2 VACATION ELIGIBILITY: An employee becomes eligible to take accrued vacation time upon completion of six (6) full months of employment; provided, however, the Chief Police may grant an exception to the six-month rule. Vacation time must be taken in segments of one-half (½) hour or more. Vacation time must be fully accrued prior .to the time an employee takes any vacation time off. 8.3 VACATION SCHEDULING: Annual vacation leave shall be authorized by the Police Chief or designee. Personnel shall ~'~'~"~ .... v-v~ .......... ~c~:~ be allowed to bid for vacations based upon seniority following the shift bidding process; provided, that vacation requests for time not scheduled throughout the bidding process shall be scheduled by mutual agreement. 8.4 MAXIMUM VACATION ACCRUAL: The maximum number of vacation accrual hours that any employee shall be allowed to carry forward from one calendar year to the next is as follows: Years of Continuous Employment Maximum Balance 0 through Five (5) years 160 hours More than Five (5) years 240 hours COLLECTIVE BARGAINING AGREEMENT PAGE 7 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 8.4. I In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, the excess hours shall be paid out in cash at the employee's straight time hourly rate unless the Civ,' Co, uncil Mayor approves an extension of the time period beyond the end of the calendar year during which the employee must take all vacation hours which exceed the maximum allowable carryover. An employee who fails to request scheduled vacation time during the year and whose accrued vacation hours exceed the maximum carryover balance at the end of the calendar year shall forfeit such excess vacation hours. 8.5 VACATION PAY-OUT: Upon the retirement, resignation, or termination of an employee or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a cash lump sum payment. 8.6 Shared Vacation Leave: Shared leave permits employees, at no additional cost to the City other than the costs of administering the program, to aid a fellow employee who is suffering from an extraordinary or severe illness, injury, impairment, physical or mental condition which has caused or is likely to cause the employee to take leave without pay or to terminate his or her employment prior to a determination that the affected employee is not expected to recover to an extent that will enable the employee to resume his or her normal duties or the duties of another position with the City or another employer. 8.6.1 Eligibility - An employee who (1) is suffering from an illness or injury causing his or her extended absence from work, and (2) who has depleted or will shortly deplete his or her total available accrued compensatory time and paid vacation, sick and floating holiday leave, may request shared vacation leave donations. 8.6.2 Criteria for Approval - A request for shared vacation leave donations is to be submitted to the requesting employee's Department Head accompanied with medical documentation verifying the medical condition requiring the need for leave and the time period during which the employee can reasonably be expected to be absent from work due to the condition. Upon verifying that the requesting employee meets all of the eligibility requirements above and upon determining that the medical documentation received provides appropriate verification of the medical condition and time period involved, the Department Head will recommend the employee's request for shared vacation leave donations be approved by the Mayor. The Mayor will review the request to assure that all of the requirements set forth in this subsection have been met and, if so, will approve the employee's request for vacation leave donations. 8.6.3 Conditions of Donation - An employee who desires to donate accrued vacation leave to a donee employee will do so voluntarily. Donations will be made in one hour increments. The employee who donates vacation leave will fill out the form relinquishing his or her vested right to the donated leave as prescribed by the City and submit the form to his or her Department Head. Upon approval of his or her Department Head, the donated vacation leave will be transferred to the donee employee's vacation leave balance with the next payroll report. Once so transferred, COLLECTIVE BARGAINING AGREEMENT PAGE 8 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 3{~ the donated vacation leave becomes a vested right of the employee to whom it was donated and will not revert back to the donor employee under any circumstances. 8.6.4 Use of Donated Leave - An employee who has received donated shared vacation leave will be able to use the leave in the same manner as if he or she had personally accrued the leave provided that the use of or payment for the leave is in conlbrmance with the provisions of this Article. ARTICLE 9 HOLIDAYS 9.1 HOLIDAYS OBSERVED: The following holidays shall be observed by the City: New Years Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Memorial Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas 9.1.1 In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 9.2 FLOATING HOLIDAY: Each employee shall be allowed one (1) additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Police Chief or designee. 9.3 HOLIDAY COMPENSATION: Employees shall receive an additional eleven (11) days vacation leave per year in lieu of holidays, except as enumerated in the premium holiday compensation section. The accrual and payment of such additional compensation shall be in accordance with the Employer's established practice in this regard. 9.4 PREMIUM HOLIDAY COMPENSATION: In the event an employee is required to work during the term of this Agreement on Labor Day, New Years Day, Memorial Day, Independence Day, Thanksgiving Day, and Christmas Day, such employee shall be compensated at the rate of one-and-one-half (1½) times the employee's hourly rate of pay. It is recognized that non-uniformed officers are not scheduled to work on the holidays enumerated in this section. ARTICLE 10 SICK LEAVE 10.1 SICK LEAVE ACCRUAL: Employees shall accrue sick leave time with pay at the rate of .046154 hours for all normal hours of work including holiday, sick leave, vacation and other paid leave time excluding time for which workers' compensation time loss benefits are paid. The maximum annual accrual is ninety-six (96) hours. 10.2 MAXIMUM SICK LEAVE ACCRUAL: Employees shall be able to accrue sick leave to a maximum of twelve hundred (1,200) hours. COLLECTIVE BARGAINING AGREEMENT PAGE 9 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 10.3 SICK LEAVE INCENTIVE: An employee who takes thirty-two (32) hours or less of sick leave in any full calendar year shall have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 10.4 SICK LEAVE RETIREMENT OR DEATH PAYMENT: An employee who retires from City service on a service retirement or an employee who dies shall be provided a Sick Leave Retirement Payment at thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the employee or the employee's estate at the employee's regular hourly wage rate in effect at the time of retirement or death. 10.5 SICK LEAVE USE: Sick leave must be accrued in the pay period prior to use by an employee. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance and shall be used in increments of no less than one- half (V4) hour to cover an employee's absence from his or her regularly scheduled work hours due to: 10.5.1 The temporary disability of an employee resulting from his or her personal illness or injury. 10.5.2 Providing care for an employee's children under the age of 18 when they have a health condition that requires supervision or treatment, as currently defined by the Washington State industrial welfare law, RCW 49.12.270 and as may be amended by the Washington State Legislature. 10.5.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. 10.5.4 Upon the birth or adoption of a child, a father may use up to three (3) days of accrued sick leave. 10.5.5 Providing for an employee's immediate family member when the .family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. No more than five (5) days of sick leave can be used for this purpose per calendar year, unless as otherwise provided in this section or by law. 10.6 NOTIFICATION OF SICK LEAVE USE: An employee who is absent or expects to be absent from work due to causes specified in Sick Leave Use above, shall provide notification as follows: 10.6.1 ROUTINE APPOINTMENTS: The employee shall give prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when the scheduled absence of the employee would unduly interfere 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. COLLECTIVE BARGAINING AGREEMENT PAGE 10 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 ~.) 10.6.2 UNANTICIPATED ABSENCE: An employee who is absent from work or who will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in Sick Leave Use above, shall promptly notify the Department by telephone or otherwise as soon as practicable and will make every effort to noti~ the Department within the first one-half (%_) hour preceding each work day of absence. In the event of a prolonged illness or injury, the Depmtment may exempt an employee from the requirement to daily report absences and may establish an alternative reporting arrangement appropriate to the circumstances. 10.6.3 SICK LEAVE DUllING AUTHORIZED PAID LEAVE: An employee who becomes ill or is injured during the employee's paid vacation or compensatory time off may request the conversion of such paid leave to sick leave with pay by promptly notifying the department at the time of occurrence or as soon thereafter as reasonably feasible of the illness, injury, or incapacity and such conversion shall be granted, providing such information as is required by the Department to verify the appropriateness if such a conversion is provided. 10.7 SICK LEAVE DOCUMENTATION .4aND APPROVAL: An employee who has been absent on sick leave shall, within thirty-six (36) hours after returning to work, submit such forms and provide such information as are required by the Police Chief or designee to approve the use of sick leave with pay for the absence. The Police Chief of designee may require an employee to provide a professional physician's verification of an employee's, child's or family member's illness or injury as a condition of approving sick leave with pay, if the Police Chief or designee has a reasonable basis to suspect sick leave is not being used in conformance with this Article, In the event the Police Chief or designee intends to require such verification, the employee will be notified of the requirement pr/or to returning to work. The Chief of Police or designee may require an employee to provide certification by a professional physician that the employee is sufficiently recovered as to be able to return to work and assume his or her normal duties prior to the employee returning to work; or, in the event the employee has appeared at work, prior to resuming work. If the Department does not allow the employee to return to work due to a need for certification, the employee will be allowed to continue the use of sick leave for the period required to obtain required certification. Sick leave must be approved by the Police Chief or designee pr/or to allowance. The Police Chief or designee shall not unreasonably withhold approval of sick leave with pay from employees. ARTICLE 11 INDUSTRIAL DISABILITY 11. I INDUSTRIAL DISABILITY FOR LEOFF I EMPLOYEES: An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF I", who becomes disabled, and whose disability extends beyond a period of six (6) full months, shall apply for disability retirement benefits provided through LEOFF I. 11.2 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II EMPLOYEES: An employee who qualifies for and is included in the Washington State Retirement System commonly 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. COLLECTIVE BARGAINING AGREEMENT PAGE I 1 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 ARTICLE 12 OTHER PAID LEAVE 12.1 BEREAVEMENT LEAVE: An employee will be granted three (3) days of bereavement leave for attending funerals in the State of Washington and five (5) days of bereavement leave for out of state funerals of members of the employee's immediate family. 12.1.1 Immediate family shall be defined as spouse, child, stepchild, mother, father, mother/father in-law, brother, sister, bother/sister in-law, grandchildren and grandparents of both the employee and the employee's spouse. All time off for bereavement leave shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 12.2 JURY DUTY, WITNESS LEAVE: An employee shall be granted leave of absence with pay for the purpose of reporting to or serving jury duty. Any juror fees received by the employee for the performance of such duties shall be assigned to the City. Employees normally assigned to swing or graveyard shifts shall be placed on the day shift on days that court appearance is required. If more than 2.5 hours of the day shift remains at the time of release fi.om jury duty, the employee shall report for duty. 12.3 MILITARY LEAVE: A leave of absence with pay for a period not to exceed 15 working days will be granted to an employee for the purpose of attending training as a member of the organized military reserves of the United States or of the State of Washington. 12.4 EMERGENCY LEAVE: In the event of an unforeseen emergency which requires the absence of an employee such as the illness, injury or death of a member of an employee's immediate family, the employee shall notify his or her immediate supervisor as soon as possible of the required absence. Such emergency leave shall be charged to an employee's unused vacation/holiday or compensatory time leave balance. ARTICLE 13 RETIREMENT BENEFITS 13.1 Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income 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 14 INSURANCE BENEFITS 14.1 MEDICAL INSURANCE: The City shall make medical insurance coverage available to employees and their dependents as follows: Kitsap Physician's Service Plan A for Employees and Dependents Group Health Cooperative for Employees and Dependents or another plan of equivalent or better coverage COLLECTIVE BARGAINING AGREEMENT PAGE 12 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 4C~ 14.2 INSURANCE PREMIUM PAYMENTS: Payment of insurance premiums shall be made as follows: Employee premium paid in tull by the City. Employee contributions toward dependent coverage shall be seven dollars ($7) per month per dependent to a maximum of twenty-one dollars ($21) per month for full family coverage tbr enrollees in the Kitsap Physician's Plan; and, ten dollars ($10) per month per dependent to a maximum of thirty dollars {$30) per month for full family coverage for enrollees in the Group Health Cooperative Plan. 14.3 DENTAL INSURANCE: The City shall provide the same benefit levels as are contained in the Washington Dental Service Plan A dental insurance coverage for employees and their dependents and provide for full payment of insurance premiums. 14.4 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 $10 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. 14.5 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. Thig accounting shall be made available to the Guild upon request. The City agrees that premium rebates, reserve account rebates or any other monetary returns to the employer from the insurance providers together with subsequent interest earnings thereon shall be used exclusively to defray the costs of premium increases in the plan, and increase benefit levels, or other health related purposes determined appropriate by the Insurance Benefits Committee. Premium increases shall be any increase over the 1994 levels. 14.6 INSURANCE COMMITTEE: The Insurance Benefits Committee shall be comprised of the following members: Mayor or designee, Human Resources Manager, or designee, Administrative Services Director or designee, one employee selected by the non-represented management and professional employees, and one individual selected by each of the recognized unions. The Committee shall elect a chair and any other officers it deems appropriate. 14.7 Effective January 1, 1999, should either Kitsap Physician's Service Plan A or Group Health Cooperative, now or in the future, require a co-pay, the co-pay will be paid by the employee. The amount the employee is obligated to pay shall not exceed five dollars ($5.00) per visit. COLLECTIVE BARGAINING AGREEMENT PAGE 13 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 ARTICLE 15 CLOTHING AND UNIFORM CLEANING ALLOWANCE 15.1 PURCHASE OF UqNIFORMS: The employer shall establish a Clothing Allowance Fund for the Bremerton Police Department. Each employee shall be furnished uniforms as designated by the Chief of Police or designee. Such uniforms shall be replaced on an as- needed basis fi.om the Clothing Allowance Fund, as determined by the Police Chief or designee. All uniforms purchased by the Employer are to be and remain the property of the Employer. 15.2 CLOTHING ALLOWANCE: An annual allowance effective January 1, 2000, equal to four hundred and seventy-five dollars ($475) per year will be provided to non-uniformed, sworn personnel. Such allowance shall be paid one-half during the months of January and July. In the event an employee is transferred to the Detective Division and is assigned as a Detective, he/she will receive a pro-rata clothing allowance payment. The Employer shall withhold the necessary federal income tax fi.om the cleaning allowance as required by the Federal Tax Code as now written or hereafter amended. 15.3 UNIFORM CLEANING ALLOWANCE: There shall be an annual uniform cleaning allowance of twenty-five dollars ($25.00) per month. This applies to all employees. Such allowance shall be payable in the amount of one hundred fifty dollars ($150.00) during January and July. Should an employee leave the service of the Employer, any portion of the unused cleaning allowance shall be deducted from the employee's severance pay. The Employer shall withhold the necessary federal income tax from the cleaning allowance as required by the Federal Tax Code as now written or hereafter amended. 15.4 CLEANING CONTRACT: In the event the Employer secures a cleaning contract with an independent cleaning company during the term of this Agreement, the uniform cleaning allowance shall become null and void. 15.5 MOTORCYCLE BOOTS: The City shall provide the sum of one hundred dollars ($100.00) to Motorcycle Officers for the purchase of motorcycle boots. After initial issue, replacement moneys will be approved only after the Police Chief or designee authorizes such replacement based on wear/tear of motorcycle boots. 15.6 ALTERNATE CLOTHING & UNIFORM CLEANING ALLOWANCE REIMBURSEMENT METHOD: At the employee's option, he or she may submit appropriate receipts for reimbursement of either or both of these allowances. This method will be in lieu of the provisions of Article 15.2 and 15.3. An employee must inform the Treasurers Office no later than January 1 of each year that he or she wishes to utilize this alternative. ARTICLE 16 PERSONNEL PRACTICES 16.1 DEFINITIONS: For the purpose of interpreting the provisions of this Agreement, the following definitions shall apply: 16.1.1 PROBATIONARY EMPLOYEE: All employee serving a twelve (12) month period commencing upon the initial date of him as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent COLLECTIVE BARGAINING AGREEMENT PAGE 14 CITY OF BREMERTON, WASHINGTON - BREM~RTON POLICE OFFICER GUILD 03/13/00 With applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. 16.1.2 PROMOTIONAL PROBATION; A twelve (12) month period commencing upon the initial date of a permanent promotional appointment during which a promoted employee who is unable to perform the duties of the higher level position shall be returned to his or her previous classification at the time of appointment at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure. 16.1.3 LEOFF I EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF I". 16.1.4 LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF II". 16.2 INDEMNIFICATION OF EMPLOYEES: The City shall provide legal defense and will pay all legitimate claims, settlements, judgments, and associated costs for employees and their marital communities named as parties or defendants in claims or lawsuits as a result of acts or omissions made in the good faith performance of the City's business. 16.3 PROVISIONAL APPOINTMENT: Any employee who is appointed to a position classification by the Chief of Police on a provisional basis shall be paid the established compensation for such position classification. 16.4 DEPARTMENT POLICY MANUAL AND POLICY CltANGES: The Police Department Policy Manual will be distributed to all bargaining unit employees. The employee will acknowledge receipt of and will become knowledgeable of the Manual's or Policy's contents. All revisions to the Manual or Policy will be provided to employees for inclusion in the Manual. Further, the Department will inform the Guild of policy revisions prior to enactment. 16.5 POLICE OFFICERS INTERVIEW GUIDELINES: The Safety of our community and its citizens, plus the integrity and reputation of the Police Department depends to a great extent on the manner in which the members of the department perform their varied and difficult duties. To ensure that internal investigations are conducted in a manner conducive to good order and discipline, and also observe and protect the individual rights of each member of the Department, the following rules are hereby established: 16.5.1 The interview of any Depmtment member shall be conducted at a reasonable hour, preferably when the member is on duty and/or during daylight hours, unless the urgency of the investigation dictates otherwise. If such interview occurs during off-duty time of the member being interviewed, the member shall be compensated for his or her off-duty time in accordance with the overtime provisions of this Agreement. 16.5.2 The interview shall take place at a location designated by the investigation officer, preferably at the Police Department. COLLECTIVE BARGAINING AGREEMENT PAGE 15 CITY OF BREMERTON, WASHINGTON- BREMERTON POLICE OFFICER GUILD 03/13/00 16.5.3 Before any questioning commences, a member of the Police Department shall be advised in writing in the event that person becomes a suspect in an administrative investigation. The member being interviewed shall be informed of the nature of the investigation, and name(s) of all complaining parties before the interview commences. 16.5.4 The member being interviewed shall be informed of his or her right to and be afforded an opportunity and the necessary facilities to contact a Guild representative prior to commencement of the interview. The member's representative may be present during the interview. Nothing herein shall in any way restrict the rights of the representative with the employee during the process of the interview. 16.5.5 The interview shall be conducted in the most expedient manner consistent with the scope and gravity of the subject matter of the interview. The member shall be permitted reasonable periods to attend to personal necessities. 16.5.6 The member shall not be subjected to offensive language or intimidation during the process of the interview. No promises or rewards shall be made to the employee as an inducement to answering questions. When the member is being interviewed in a non-criminal matter for violation of depmtmental rules, regulations or orders, that member shall answer truthfully all questions concerning the investigation posed to him or her by the interviewing officer. When the member refuses to answer such quesU,'ons, he or she will be informed that his or her refusal to answer may become the subject for disciplinary action. -~ ..... ~ math verification test as I 16.5.7 A member shall not be required to take a ~,v,T s--v,, part of the interview process. 16.5.8 Nothing contained in any of the above guidelines shall restrict and/or limit the authority of the Chief of Police or designee in the performance of his or her duties and responsibilities as the Chief Administrator of the Bremerton Police Department. 16.5.9 No tape recording will be made of the interview without prior advisement. There will be no off-the-record questions during a recorded interview, unless the parties mutually agree. If the Department tape records the interview, a taped copy of the complete interview of the employee, noting all recess periods, may be furnished, at the cost of the tape, upon request of the employee. If the interviewed employee is subsequently disciplined and any part of any recording is transcribed by the employer, the employee shall be given a complimentary copy thereof. The Guild may be allowed to tape record the interview. 16.5.10 When the member being interviewed is in custody, or is likely to be placed in custody as a result of the interview, that person shall be informed of his or her Constitutional Rights prior to conunencement of the interview. The COLLECTIVE BARGAINING AGREEMENT PAGE 16 CITY OF BREMERTON, WASHINGTON- BREMERTON POLICE OFFICER GUILD 03/13/00 4~ member may request a postponement of the initial interview to contact an attorney. The interview may not be postponed more than twenty-four (24) hours with allowances being made for weekends and holidays. ARTICLE 17 MANAGEMENT RIGHTS 17.1 Any and all rights concerned with the management and operation of the Police Department are exclusively that of the City unless otherwise provided by the terms of this Agreement. The City has the right, among other actions, to adopt rules for the operation of the Department and conduct of the employees, to discipline, suspend or discharge employees for just cause, to assign work and determine duties of employees, to determine number of personnel to be assigned duty at any time, to determine and introduce new work methods or facilities to increase productivity for operation of the Department and to perform all of the functions not otherwise expressly limited by this Agreement; provided, nothing herein shall be construed as a waiver of collective bargaining rights conferred on the parties by RCW 41.56. 17.2 The Chief of Police may change Crime Scenes/Evidence Technician to civilian positions, provided that the police positions are retained in the Department. ARTICLE 18 PERFORMANCE OF DUTY/NO STRIKE 18.1 The City and the Guild recognize that the public interest requires the efficient and uninterrupted performance of all City services and pledge their best efforts to avoid or eliminate any conduct contrary to this objective. Nothing in this Agreement shall be construed to grant an employee the right to strike or to refuse to perform his or her duties to the best of his or her abilities. During the term of this Agreement, the Guild and/or membership shall not cause, engage in or sanction any work stoppage, strike, walkout, sit- down, stray-in, slowdown, sick-in, curtailment of work, or interference with City operations at any location whatsoever; provided, that nothing herein shall be interpreted as to prohibit lawful information picketing. Employees who engage in any of the foregoing or similar activities shall be subject to immediate disciplinary action up to and including discharge. The City shall not institute any lockout of employees during the term of this Agreement. ARTICLE 19 GRIEVANCE PROCEDURE 19.1. DEFINITIONS: 19.1.1 GRIEVANCE: A grievance is an allegation of a violation of the terms and conditions of this Agreement which is to be resolved through this Grievance Procedure. 19.1.2 CIVIL SERVICE APPEAL: An appeal is an allegation of a violation of the Civil Service Rules that is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. COLLECTIVE BARGAINING AGREEMENT PAGE 17 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 __ 19.1.3 UNFAIR LABOR PRACTICE: An Unfair Labor Practice charge is an allegation of a violation of the Washington State statutes governing public employment labor relations which is to be resolved through the Public Employment Relations Commission's rules and regulations and is not resolvable through this Grievance Procedure. 19.2 STEP 1: An employee who believes that the terms and conditions of this Agreement have been violated shall first discuss the matter with the person who took the action giving rise to the belief with his or her immediate supervisor within fourteen (14) calendar days of the date the action took place or within fourteen (14) days of the date upon which the employee, by due diligence, could reasonably have been expected to know of such action. The person who took the action shall provide the employee with a written response within fourteen (14) calendar days of the date upon which the grievance was discussed with the employee. 19.3 STEP 2: In the event that the person who took the action does not resolve the issue to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the matter to writing and shall: 19.3.1 State whether the employee is selecting a Civil Service Appeal or the Grievance Procedure herein as the dispute resolution method to be used to resolve the issue. 19.3.2 In the event the employee selects the Civil Service Appeal method, the employee shall comply with the Civil Service Rules in processing the matter. 19.3.3 In the event the employee selects the Grievance Procedure method, the employee shall reduce the matter to a written grievance and shall state: the section (or sections) of this Agreement which is/are alleged to have been violated; an explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance; and the remedy sought. 19.3.4 The employee shall have the right to be assisted by an aUthorized Guild representative in reducing his or her grievance to writing. The employee shall present the written grievance to the immediate superior of the person who responded to Step 1 above within fourteen (14) calendar days of the date the employee received a written response at Step 1 of this procedure. In the event the Police Chief responded at Step 1 above, the employee shall proceed to Step 4 of this Grievance Procedure. The immediate superior may meet with the employee and the employee's Guild Representative within fourteen (14) calendar days after receipt of the written grievance for the purpose of considering the matter. The immediate superior shall reduce his or her decision to writing and shall transmit the decision to the employee with a copy to the Guild representative within fourteen (14) calendar days of receiving the written grievance or of meeting with the employee and the Guild Representative. COLLECTIVE BARGAINING AGREEMENT PAGE 18 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 19.4 STEP 3: In the event that the immediate superior does not resolve the grievance to the satisfaction of the employee at Step 2 of this procedure, the employee shall transmit a copy of the original grievance along with a copy of the written response received at Step 2 to the Police Chief within fburteen (14) calendar days of receipt of the immediate superior's written response. The Police Chief may convene a meeting with the Guild representative in an attempt to resolve the grievance. The Police Chief shall reduce his or her decision to writing within fourteen (14) calendar days of the Chief's personal receipt of the grievance or, if a meeting was held, within fourteen (14) calendar days after meeting with the Guild Representative and transmit the decision to the Guild. 19.5 STEP 4: In the event that the Police Chief does not resolve the grievance at Step 3 of this procedure, the Guild may request arbitration of the issue by written notification to the Director of Human Resources within thirty (30) calendar days of receipt of the Police Chief's decision. In the event the Guild does not request arbitration of the issue within the thirty (30) calendar day period, the grievance shall be deemed withdrawn. Prior to the selection of an arbitrator and submission of the grievance for hearing by said arbitrator, the Director of Human Resources shall informally review the grievance and determine whether said grievance may be adjusted to the satisfaction of the employee. The Director of Human Resources shall have fourteen (14) calendar days in which to review and seek adjustment of the grievance. 19.6 SELECTION OF ARBITRATOR: A neutral arbitrator shall be selected by mutual agreement or through a mutually agreeable process. In the event the parties cannot agree, either party may petition the Public Employment Relations Commission for a panel of arbitrators. 19.7 POWERS AND DUTIES OF TIlE ARBITRATOR: It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing shall be kept informal and private. The arbitrator shall interpret the provisions of this Agreement as they apply to the issue or issues submitted for decision and shall not add to, subtract from, nor in any way otherwise alter or recommend the alteration of the terms and conditions of the Agreement in deciding the matter. As sc,~,n as is practicable after ~-'~ .... : .... ~'^ ?,ca~ngWithin thirty (30) days of the close of the hearing or submission of briefs, whichever occurs later, the arbitrator shall render a written decision, which shall be binding upon the parties. The arbitrator shall conduct the arbitration hearing in conformance with the Voluntary Rules for Labor Arbitration of the American Arbitration Guild. 19.8 COSTS OF ARBITRATION: The expenses of the neutral arbitrator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses. The party desiring a record of the proceedings shall bear the cost of obtaining such record. 19.9 TIME LIMITS: Time limits established in this procedure shall be strictly adhered to but may be waived by mutual agreement of the Guild and the City. All procedures contained herein shall be complied with as expeditiously as practicable. ARTICLE 20 SEVERABILITY COLLECTIVE BARGAINING AGREEMENT PAGE 19 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 47 20.1 In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The Guild and the City shall immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 21 ENTIRE AGREEMENT 21.1 The Guild and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are set forth in this Agreement. Therefore, the City and the Guild each voluntarily and unqualifiedly agree to waive 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. The Employer shall not unilaterally change any mandatory subject of bargaining without providing the union with prior notice and the opportunity to bargain. ARTICLE 22 CONFLICTING PROVISIONS 22.1 In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this Agreement shall prevail. ARTICLE 23 LABOR MANAGEMENT COMMITTEE 23.1 LABOR MANAGEMENT: The Employer and the Guild agree that a need exists for closer cooperation between labor and management. To accomplish this objective, the Employer and the Guild agree that no more than *ah~,e-(b-}-four (4) duly authorized representatives of the Guild shall function as one-half (1/2) of a Labor-Management Committee, the other half being no more than ~ four {4) certain representatives of the Employer named for that purpose. The committee shall meet at least once every three (3) months for the purpose of discussing and facilitating the resolution of all problems, which may arise between the parties. The Employer shall provide a draft of the minutes of the meeting to the Guild's committee within (2) two weeks of the meeting. At the committee's discretion, additional meetings may be held. The committee shall be chaired by a member elected by the committee. 23.2 Should the Guild and Employer mutually agree to change, add, or delete any provision of this Agreement, policies, rules or other matters, such change shall be set forth in writing. ARTICLE 24 PREMIUM PAY 24.1 MASTER PATROL OFFICER: Effective upon assignment, any employee who meets the requirements for the Master Patrol Officer (MPO) program shall receive a premium of five (5%) of their base monthly rate of pay for all hours worked as an MPO. 24.2 K-9 PREMIUM: Effective January 1, 2000, Employees-employees assigned to the K-9 division shall receive as compensation for the additional duties required by the position, a COLLECTIVE BARGAINING AGREEMENT PAGE 20 CITY OF BREMERTON, WASHINGTON- BREMERTON POLICE OFFICER GUILD 03/13/00 4~ straight time hourly rate of twelve dollars and t~i:,~' cig~tseventv-five cents ($12.4347_~), and effective July 1, 2000 the rate shall be increased to twelve dollars and eiChty-one cents ($12.81 ). For each week the employee is assigned to the K-9 division the employee shall be compensated for three (3) hours at one-and-one-half (1 V2) times the straight time hourly rate stated herein. ARTICLE 25 DEFERRED COMPENSATION 25.1 DEFERRED COMPENSATION: The Employer shall match the payroll deduction of any written request by an employee covered by this Agreement, in an amount not to exceed two percent (2.0%) of the employee's base monthly wage rate. ARTICLE 26 TERM 26.1 This Agreement shall become effective January 1, 2000 and shall remain in effect through December 31, 2000, and may be extended thereafter by mutual agreement. It is further agreed that the City or the Guild may request reopening of this Agreement any time within six (6) months of the expiration for the purpose of negotiating changes to be effective following the expiration of this Agreement with such notice to be in writing to the other party. This Agreement is hereby submitted to the Bremerton City Council for approval. Upon the approval of the Council, this Agreement shall become binding upon the City, the Guild and all of the employees in the bargaining unit covered by this Agreement. DATED THIS DAY OF ,2000. CITY OF BREMERTON: BREMERTON POLICE OFFICERS GUILD: Carol S. Conley, Human Resources Manager Roy Alloway, President Robert Forbes, Police Chief John Bogen, Vice-President Honorable Lynn Horton, Mayor Member Board of Directors ATTEST: Member Board of Directors Kathleen McCluskey, City Clerk Member Board of Directors COLLECTIVE BARGAINING AGREEMENT PAGE 21 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 ~ APPROVED AS TO FORM: Gtenna Malanca, City Attorney COLLECTIVE BARGAINING AGREEMENT PAGE 22 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 -- APPENDIX A TO THE AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND THE BREMERTON POLICE OFFICERS GUILD January 1, 2000 through December 31,2000 This Appendix is supplemental to that Agreement by and between the CITY OF BREMERTON, WA ("Employer") and thc BREMERTON POI_ICE OFFI(?ERS GI. JILI) (Guild") A.I Effective January 1, 2000, thc base rates of pay for employees shall be as follows: BPOG Pay Plan as of 1-1-2000 with 3°/, COLA Step 1 Step 2 Step 3 Step 4 Step 5 Master PO Police Officer Annual 42,141.01 43,704.96 45,761.66 47,754.10 51,931.78 54,524.08 Monthly 3,511.75 3,642.08 3,813.47 3,979.51 4,327.65 4,543.67 Semi-Monthly 1,755.88 1,821.04 1,906.74 1,989.75 2,163.82 2,271.84 Hourly 20.26 21.01 22.00 22.96 24.97 26.21 +Longevity Base +19'o 20.46 21.22 22.22 23.19 25.22 26.48 Base +29'° 20.67 21.43 22.44 23.42 25.47 26.74 Base +3% 20.87 21.64 22.66 23.65 25.72 27.00 Base +49'0 21.07 21.86 22.88 23.88 25.97 27.26 Base +5% 21127 22.06 23.10 24.11 26.22 27.52 Step 1 Step 2 Step 3 Step 4 Step 5 (OIC) Sergeant Annual 54,845.44 56,045.18 57,244.93 58,423.25 59,644.42 Monthly 4,570.45 4,670.43 4,770.41 4,868.60 4,970.37 5emi-Monthly 2,285.23 2,335.22 2,385.21 2,434.30 2,485.18 Hourly 26.37 26.94 27.52 28.09 28.68 +Longevity Base +1% 26.63 27.21 27.80 28.37 28.96 Base +2% 26.90 27.48 28.07 28.65 29.25 Base +39'0 27.16 27.75 28.35 28.93 29.54 Bose +4% 27.42 28.02 28.62 29.21 29.82 Base +59'0 27.69 28.29 28.90 29.49 30.11 (Monthly amounts are approximate) Prepared by CSC 1-14-2000 Page 2 APPENDIX A TO THE AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND THE BREMERTON POLICE OFFICERS GUILD January 1, 2000 through December 31, 2000 A.2 Effective July 1, 2000, the base rates of pay for employees shall be as follows: BPOG Pay Plan as of 7-1-2000 with .5% COLA Step ! Step 2 5tap 3 5tap 4 Step 5 Master PO Police Officer Annual 42,351,50 43,919.30 45,988.80 47,995.58 52,197.29 54,789.38 Monthly 3,529.29 3,659.94 3,832.40 3,999.63 4,349.77 4,565.78 ~emi-Monthly 1,764.65 1,829.97 1,916.20 1,999.82 2,174.89 2,282.89 Hourly 20.36 21.12 22.11 23.07 25.09 2634 +Longevity &3se +1% 20.56 21.33 22.33 23.31 25.35 26.60 Bose +2% 20.77 21.54 22.55 23.54 25.60 26.87 Bose +3% 20.97 21.75 22.77 23177 25.85 27.13 'l Bose +4% 21.18 21.96 22.99 24.00 26.10 27.39 Bose +5% 21.38 22.17 23.22 24.23 26.35 2766 5tap 1 5tap 2 5tap 3 5tap 4 5tap 5 (O~C) Sergeant Annual 55,123.85 56,315.38 57,527.81 58,456.41 59,952.67 Monthly 4,593.65 4,692.95 4,793.98 4,871.37 4,996.06 ~emi-Monthly 2,296.83 2,346.47 2,396.99 2,435.68 2,498.03 Hourly 26.50 27.07 27.66 28.10 28.82 +Longevity Bose +1% 26.77 27.35 27.93 28.39 29.11 Base +2% 27.03 27.62 28.21 28.67 29.40 Base +3% 27.30 27.89 28.49 28.95 29.69 Base +4% 27.56 28.16 28.76 29.23 29.98 Base +5% 27,83 28.43 29.04 29.51 30.26 A.3 SERGEANT CLASSIFICATION - Any'employee who is promoted to the classification of Sergeant shall be placed at Step 3 of the Sergeant classification, provided, however, an employee hired as a Sergeant through a lateral transfer, having not served as a police officer with the City of Bremerton, may be placed into Step I of the Sergeant classification. Prepared by CSC 1 - 14-2000 APPENDIX B TO THE AGILEEMENT BY AND BETWEEN THE CITY OF BREMERTON Bi~MERTON POLICE OFFICERS GUILD JANUARY 1, 2000 THROUGH DECEMBER 31, 2000 THIS APPENDIX is supplemental to that Agreement by and between the CITY OF BREMERTON, WASHINGTON ("Employer") and the BREMERTON POLICE OFFICERS GUILD, ("Guild"). Master Police Officer: The Master Police Officer (MPO) program is viewed as an enhanced career development opportunity lbr the sworn employees of the Bremerton Police Department. The purpose of an MPO program is to allow qualified non-ranking officers with special technical and administrative skill to be elevated to a new level, Qualifications: A. An employee has served as a top step police officer for three (3) consecutive years. B. Employee has completed, in the course of their employment as a law enforcement officer, 400 hours of law enforcement specialty training that does not include the training hours of basic academy; basic equivalency academy; repeated training classes: or refresher training of BAC or first aid. C. Employee has served at least 12 months on each patrol shift after completing initial probation. D. Employee has served satisfactorily in a secondary assignment(s) for the Bremerton Police Department for a minimum of 18 months. Secondary assignments are assignments above and beyond duties normally assigned to patrol officers serving in patrol unit. These assignments are detective units, crime scenes, traffic, K-9, crime prevention, DARE, GREAT, School Resources and Range Master. Additional secondary assignments as they may be developed can be added to this list. E. Employee maintains acceptable work performance standards and has not had a sustained Internal Affairs investigation one year prior to MPO acceptance. The selection panel may consider other types of minor complaints on a case-case basis. F. MPO's will be assigned as OIC and FTO as needed. Employee will only handle the sergeant's duties when he/she has been assigned as OIC or during limited exceptional circumstances. An employee will not be assigned as OIC while acting in an FTO capacity except during limited exceptional circumstances. COLLECTIVE BARGAINING AGREEMENT PAGE 25 CITY OF BREMERTON, WASHINGTON- BREMERTON POLICE OFFICER GUILD 03/13/00 55 G. The Chief of Police will appoint MPO's in the same order in which they are ranked by the panel. Maintaining MPO Status: To maintain MPO status an employee must: A. Be assigned to the Uniformed Division upon appointment to MPO status for not less than 18 months. If the employee is vacating a non-uniformed position, the employee shall be assigned to the Uniformed Division within a reasonable time period which allows the Department to assign and train a replacement. B. Maintain satisfactory work performance. C. Not have sustained any major policy rule violations, committed insubordination or be subject to continued citizen complaints. D. Show a commitment to continuance of law enforcement training while serving as an MPO. If an employee fails to maintain these conditions, he/she will be removed from MPO status by the Chief of Police after review by the selection panel, and must wait eight months before reapplying. An employee shall not be removed fi.om MPO status due to a new assignment in non-uniformed position. MPO Cap: The number of MPO's shall not exceed (14) fourteen. Selection Panel: A. The original selection panel will consist of two management personnel and two members of the Board of Representatives of the Guild who do not qualify for selection. Future selection panels will consist of three MPO's and two management personnel. B. Selection panel will meet as needed to review and select applicants for Master Police Officer appointment and will use the following criteria: 1. Candidates will be listed by seniority, and then given points as follows: #1 candidate- 14 point #2 candidate - 12 points #3 candidate - 10 points g4 candidate - 8 points #5 candidate - 6 points #6 candidate - 4 points #7 candidate - 2 points 2. Candidates will be listed by number of Training Hours and given points as follows: COLLECTIVE BARGAINING AGREEMENT PAGE 26 CITY OF BREMERTON, WASHINGTON- BREMERTON POLICE OFFICER GUILD 03/13/00 54 #1 candidate - 7 points #2 candidate - 6 points #3 candidate - 5 points g4 candidate - 4 points #5 candidate - 3 points #6 candidate - 2 points #7 candidate - 1 points (For purposes of this selection process, an Associates Degree in a Police related field will count for 100 hours, and a Bachelors Degree in a Police related field will count for 200 hours.) 3. Candidates will receive one additional point for each additional special assignment of 18 months or longer up to a maximum of three points. Should two or more candidates have equal standing, their points will be added and then divided by two (example: top two candidates have the same seniority so each gets 13 points). Should there be a tie after the points have been totaled, the selection panel will be required to resolve it and provide a single list to the Chief. C. Candidates will apply for MPO positions by submitting a letter and written summary of years of service, training and education, special assignments and letters of recommendation. D. The Chief of Police will request the panel convene to review a specific MPO's status. E. Decisions by the selection panel regarding selection or removal from the MPO program are not subject to the grievance procedure. COLLECTIVE BARGAINING AGREEMENT PAGE 27 CITY OF BREMERTON, WASHINGTON - BREMERTON POLICE OFFICER GUILD 03/13/00 ~ ,~