HomeMy WebLinkAbout03/17/99 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
**REVISED***
CITY COUNCIL AGENDA
MARCH 17, 1999
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
Items listed below have been distributed to Council members in advance for study
and will be enacted by one motion. If separate discussion is desired on an item, it
may be removed from the Consent Agenda and placed on the Regular Agenda at
the request of a Council member.
A. Minutes of Meeting - March 3, 1999 #AB99-044
B. Tower Lease Agreement with AT&T Wireless #AB99-045
Services of Washington, Inc.
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS ,~, ·
6. MAYOR'S REPORT
7. LEGISLATIVE REPORT
8. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
9. OLD BUSINESS
A. Review of Conditional Approval of Mediation Resolution #AB99-046
between Puget Soundkeepers Alliance & City of Bremerton
10. NEW BUSINESS
A. Bid Award for Evergreen Park Phase ! Construction #AB99-047
B. Budget Adjustment for Evergreen Park Remediation Project #AB99-048
C. Labor Agreement By and Between the City of Bremerton #AB99-049
and the IAFF Local Union No. 437
LYNN S. HORTON, Mayor
239 4th Street o Bremerton, WA 98337 o (360) 478-5266 - FAX (360) 478-5883
RESPONSE TO DEL KNAUS' QUESTIONS:
1. This number.has yet to be determined but it is estimated around 2,400.
2. This number has yet to be determined but it is ~stimated aroUnd ~;40 rnillion.
3. The City has indicated it is willing to contribute the net parking revenues and 60% of the
incremental taxes collected as a result of Sinclair Landing. The rest, if there were a
shortfall, would have to come from grant funding and the developer.
4. The numbers to date have not been definitive enough to be reviewed by a consultant.
5. The parking garage(s) will not be built without sufficient private development to support
it.
6. The 1999 assessment is $12,792.
7. The city representatives receive the current agenda information and previous month's
minutes. They are available to the public.
8. The City's contribution to BKAT includes programming for inside Bremerton, City
Council meetings and occasional miscellaneous meetings or programs. We pay no other
money additionally.
9. Terrie O'Neill spends roughly four hours weekly. Additionally, staff guests could add
another hour. Some guests are from other governmental entities or the public.
· Celebrating 50 Years of Freedom
mqar-03-99 01:12P City of Bremerton +1360 478-5251 P.01
QUESTIONS FOR TIIE CITY COUNCIL/MAYOR
CONCERNING SINCLAIR LANDING
1. How n~ny cars will this Pm'king ~ hold?.
2. What is the total cost of the garage to the city?
3. How will the city pay for this garage?
4. What did the mayor's £mancial consultant have to say about paying for this garage?
5. If no development happens-or not enough, how will. the city pay for this garage?
CONCERNING KITSAP REGIONAL PLANNING COUNCIL
(6) 1. What does the city pay to tho Kitsap Regional Planning Council?
U~)2. Does the city receive reports ofwhat the money is used for, and can the public get
copies of th~s~ reports?
CONCERNING INSIDE BREMERTON
I. Does the show Inside Bremerton cost the city any money and if so, how much?
2. How much stafftim¢ is used to put on and prepare this show?
Del Knauss
139 Olympic Avcnu~
Brcmcnon, WA
377-4425
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: MARCH 17, 1999
ORIGINATING DEPT: C I TY COUNC I L
MINUTES OF MEETING -- MARCH 3, 1999 ORIGINATOR: MIKF ~NFPHFRD; PRF.~IDEN7
DATE SUBMITTED: MARCH 11, 1999
2. CLEARANCES: (comment on back 3. ~:
if necessary)
ENDORSEMENT__ INFORMATION APPROVED BY COUNCIL PRESIDENT F~ SUB--AL:
MAYOR C0U/gClL PRESIDENT .~.~_..~-~/-/~~
4. SLTMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
8. RECOMMENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTIQ~
PULLED TABLED APPROVED __ DISAPPROVED __~~E~
COUNCIL DIRECTIVE: DATE:
TAPES #1599 & 1600 UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
MARCH 3, 1999
The regular 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
3, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council
members present were Jim Reed, Carlos Montgomery, Carol Arends, David Farr Lon
Overson, John Law, Cecil McConnell, and Wayne Olsen. Also present were City
Attorney Glenna Malanca, Deputy City Clerk Paula Johnston, and Legislative Assistant
Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council President Shepherd
and invocation given by Reverend Cleveland Williams of Ebenezer African Methodist
Episcopal Church.
President Shepherd made the following announcements:
(1) City Council held a Study Session prior to Council, 5:05 - 5:25 P.M., to discuss
the "South Kitsap Industrial Sub-Area Plan";
(2) City Council will hold a Study Session immediately following the Council meeting
to discuss "In-Vessel Composting"; and
(3) City Council will hold a 10-minute Executive Session to discuss "Potential
Litigation" immediately following the Study Session.
CONSENT AGENDA
A. Minutes of Meeting - February 17, 1999 #AB99-035
B. Bid Award Recommendation for Purchase of Ductile #AB99-036 Iron Pipe for 1999
#0045 M/S/C/U (McConnell/Montgomery) Motion to approve the 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.
#0070 M/S/C/U (Montgomery/Arends) On March 3, 1999, the Council does approve for
payment those vouchers included and further described as follows: 228324, and
228344 through 228625 in the amount of $383,982.81; and Retiree Payroll for the
period ending February 28, 1999 in the amount of $119,436.83.
TAPES #1599 &1600
City Council Reg. Mtg. Minutes
March 3, 1999
Page 2 of 6
COUNCIL MEMBER REPORTS
Mr. Mont_aomery reported the Council held a very productive Retreat on Saturday,
February 28, 1999, which was reported accurately by Julie McCormick of the Sun. He
also discussed the ability of the Bremerton Wastewater Treatment Plant to handle the
excess leachate at the landfill caused by the record-breaking amount of rain received.
Mrs. Aren~t~, commented on the high number of meetings the Council has attended in
the past week, including the AWC Conference held over two days in Olympia. She
discussed several workshops she attended, including "Managing your Meeting
Effectively", "Transportation Funding", "AWC Legislative Committee Resolutions
Update", "Effective Lobbying ", and the "Salmon Recovery & Endangered Species Act".
Mr. Farr also reiterated positive comments about the Retreat held last Saturday, and
stressed that the priority of the Council and Administration is to enhance the economy
of this community. He discussed an incident in his district involving the police a few
weeks ago, and offered positive comments at the thoroughness and quickness by the
department in handling the situation
Mr. Overson encouraged citizens to attend the "First Friday Art Walk" downtown this
week. He also complimented the City Parks Department for handling the challenge of
the extra water in various areas of Evergreen Park due to the construction going on.
Mr. Law also encouraged citizens to attend the "First Friday Art Walk", and reminded
citizens to visit the art gallery and local restaurants in Manette. He was pleased to
announce the "Realty Station" has recently moved to bigger and better quarters. The
next District 3 meeting will be held Tuesday, March 16, 1999, where first renderings of
the design for the Manette Bridge will be available.
Mr. McConnell stated that he took a tour of his district to view any damage from the
recent storm, and was happy to note he was not able to find much.
Mr. Olsen announced the next District 1 & 2 meeting would be a "Town Meeting"
format, on Thursday, April 15, 1999 at Sheridan Park, at 7:00 P.M.
President Shepherd announced a program to celebrate the promotions of Bremerton
Police Officers Luis Olan to Sergeant; and Thomas Wolfe to Lieutenant, would be held
on Monday, March 8, 1999, at 3:00 P.M. in the Mayor's Office. He displayed a poster
announcing "Colors of a Northwest Winter" will be part of the "First Friday Art Walk" on
March 5. In addition, he announced the next District 5 meeting will be held Thursday,
March 18, 1999, 6:30 - 8:00 P.M. at the Memorial Lutheran Church at 10th & Veneta,
with Captain J.A. Holden, Commanding Officer of Naval Station Bremerton.
TAPES #1599 &1600
City Council Reg. Mtg. Minutes
March 3, 1999
Page 3 of 6
MAYOR'S REPORT
Mayor Horton displayed the "Vision 2020 Award" presented to the City of Bremerton at
the "Vision 2020 Event" sponsored by the Puget Sound Regional Council last Sunday in
Seattle. She discussed various other projects currently going on in the City.
Mayor Horton introduced Paul Lucas, Safety Specialist, who presented a "1999 Safety
Employee of the YeaF award to Jeff Alavado for his participation in the Safety
Committee, for having no on-the-job injuries, and being a proactive member of the
City's workforce.
In conclusion Mayor Horton reported that she has been in contact with Rep. Karen
Schmidt as a follow-up to the Resolutions presented at last weeks Council meeting for
improved ferry service to Bremerton.
LEGISLATIVE REPORT
· Reiterated the response to a letter received from Paul Drnjevic; and
· Still awaiting response from various departments to questions submitted by Del
Knauss
PUBLIC RECOGNITION
Gordy Byrd offered his comments on the Unity Banquet dinner he attended last Friday,
which he described as a derogatory event. Alice Ea_aans took exception to Mr. Byrd's
comments, and reassured everyone it was not a derogatory event, and she would
discuss this issue with him further after the meeting tonight.
Roy Mclnnis added his positive comments about the Retreat, and stated he was
enlightened, and also amazed at the amount of projects the City is currently working on.
He felt more citizens would have a better understanding of what is going on, if they
were able to attend more meetings like this.
~ continued to express her concerns on the ethics issue.
Don AtkinsQn announced various upcoming events going on in the City.
9A - HOME PROJECT FUNDING. #AB99-037
Kitsap County Consolidated Housing Authority (KCCHA) plans to construct 24 units of
affordable housing for extremely Iow-income individuals with a chronic mental illness in
Kitsap County. 8 units are proposed in Port Orchard, 8 in East Bremerton on Petersville
Road, and 8 units on a vacant site off of Sylvan Road and Pine. Kitsap Mental Health
Services will provide services to the individuals in the units. KCCHA has submitted an
application requesting $125,000 in HOME funds to assist with the construction of the
units at the Sylvan and Pine site. Total development budget for the 8 units is
approximately $645,000. The application was submitted prior to the City's development
TAPES #1599 &1600
City Council Reg. Mtg. Minutes
March 3, 1999
Page 4 of 6
of the HOME policy that specifies a preference for rehabilitation of existing units over
construction of housing on vacant land. A community meeting was held on March 31,
1998 to allow neighbors the opportunity to comment on the proposed project. No
community members attended the meeting. KCCHA/KMHS presented the application
to an interview panel consisting of the Mayor, Council member from the District,
Director of DECD, Planning Manager, and Neighborhood Development staff. The
Petersville site is on the edge of the City and the panel noted that special needs
housing should be distributed throughout the County. The panel recommends approval
of funding for the project at the Sylvan Road and Pine site if KCCHA/KMHS does not go
forward with the Petersville site.
Debbie Peavler-Stewart reported that the City receives approximately $400,000
annually under the HOME Program from the Department of Housing & Urban
Development to assist in providing decent, safe, sanitary, and affordable housing for
moderate and Iow-income people. 15% of the funds must go to non-profit
organizations, 5% to the City, 5% to the County for administrative costs, while the
remainder is allocated for housing projects.
Preston Prince, Director of Housing Development for KCCHA, thanked the Mayor and
Council for reviewing their request for funding, and stressed the need for the availability
of this type of housing. His discussion included the housing policies, guidelines, and
program parameters for this proposed development.
Larry_ Keller Executive Director of Kitsap Mental Health Services, provided handouts
for the Council members (a copy has been included in the packet), and discussed the
need for affordable housing for mentally ill persons, and the numerous dilemmas they
face with this issue. He further stressed the tenants would be carefully screened. _
Mr. Montgomery_ stated Council does not oppose Iow-income housing, however, he
stated the City of Bremerton has more than their share of Iow-income housing. He felt
the City needed to redevelop the City's existing housing stock, and therefore, did not
support this proposal.
Mr. Overson was concerned about the proposed rent being too high to be affordable,
and the inappropriate use of funds. He questioned the figures presented, and
KCCHA's choices for investment of the funds. He believed the City had a significant
need to invest in rebuilding the "existing stock" of City housing.
Mr. Farr questioned if provisions were included for providing on-site property
management. He further agreed that this property in Bremerton was probably the most
reasonably priced, while still containing amenities, such as being near bus service, ferry
service, etc. He noted that no neighbors opposed this project, and felt this was
significant. He therefore supported this project. Mr. Pril3ce stated a major cost
TAPES #1599 &1600
City Council Reg. Mtg. Minutes
March 3, 1999
Page 5 of 6
implication is the attempt to access Iow-income housing tax credits issued through the
Washington State Finance Commission, and there are major costs associated with this,
which contributes to driving up the costs. He agreed with Mr. Overson's comments, but
stated the Federal Government does not allow these funds to be invested in that way.
Mr. Reed pointed out that Federal funds are being used for this project, not City tax
dollars. He also discussed the policy issues, and looked on this as a positive situation,
especially with Kitsap Mental Health Services involved in the project. He supported the
project and also pointed out that most of the citizens who will live in these units are
already members of the community.
Mr. McConnell wanted to clarify the contract amount of $125,000, and questioned who
would be responsible for the maintenance. Mr. Prince stated that they would be
responsible for monitoring the maintenance crews.
Mr. Olsen attended several meetings in the past on this issue, and felt he has received
misleading information about the location of the project, costs, and the lack of parking.
Phil Berry_, Director of Community Development, stated that a further review of zoning
would address the site-plan for the project, including the lack of adequate parking issue.
TAPE #1600
#0120 M/S/F (Reed/Olsen) Amendment to Main Motion to authorize execution of a
$125,000 contract with KCCHNKMHS for construction of housing for the chronically
mentally ill persons at the Sylvan and Pine site as described in the HOME application,
pending zoning approval.
Vote on motion: In Favor: Reed, Farr, McConnell
Opposed: Law, Overson, Arends, Montgomery, Olsen, and
Shepherd
Motion failed.
#0'140 M/S/F (Reed/Olsen) Main Motion to authorize execution of a $125,000 contract
with KCCHA/KMHS for construction of housing for the chronically mentally ill persons at
the Sylvan and Pine site as described in the HOME application, pending zoning
approval, provided that the Petersville site Project does not go forward.
Vote on motion: In Favor: Farr, Arends, Reed
Opposed: Law, Overson, Montgomery, Olsen, and Shepherd
Abstain: McConnell
Motion failed.
TAPES #1599 &1600
City Council Reg. Mtg. Minutes
March 3, 1999
Page 6 of 6
9B - PROFI~SSIONAL SERVICE AGREEMENT FOR CONCESSION STAND
OPERATION AT LIONS FIELD AND PENDERGAST REGIONAL PARK. #AB99-038
In December 1998, a Request for Proposal was advertised for concession stand
operation at Lions Filed and Pendergast Regional Park. Only one (1) bid was received
from Ryen's Quay Inc. The terms of the agreement call for the City to receive One
Thousand Dollars ($1,000) up front per location and five percent (5%) of the gross for
revenue over Thirty Thousand ($30,000).
Jim Spencer, Interim Director of Parks Department, stated the City has operated the
concession stands for a period of three years, and felt the time had come to solicit bids
from an outside operator to take over the duty, for a percentage of the profits, creating a
"win-win" situation.
#0245 M/S/C/U (FardOverson) Motion to approve the attached Professional Services
Agreement with Ryen's Quay, Inc. and associated budget adjustment 99-3.
With no further business meeting adjourned at 7:00 P.M.
PAULA JOHNSTON, Deputy City Clerk
MIKE SHEPHERD, Council President
City of Bremerton
P J/MS/Is
C: Normal Distribution
File
AGENDA BILL
BREMERTON CITY COUNCIL
1. ~I!~: Tower Lease Agreement FOR AGENDA OF: March 17, 1999
with AT&T Wireless Services of ORIGINATING DEPT: Admin. Services ,{7'
WA, Inc. ORIGINATOR: K. McCluskey
DATE SUBMITTED: March 10, 1999
2. ~: (comment on back 3. EXHIBITS:
if n~,~e~ssary)~
City Attorney ~,J-~7~/-~./~~--~2~ Lease Agreement
PW&U Director '
Operations
~YOR ~ ~' ~ CO~CIL P~SIDENT ~~~
4. S~Y STATEMENT ~D REOUIREMENT FOR CO~CIL ACTION:
Currently AT&T Wireless has an existing tower lease at Alexander Lake.
This lease agreement renews their lease for an additicnal six and one-
half years co~encing retroactively from Septe~er of 1998.
Compensation of $600 per month with an annual CPI fac%or will be re-
negotiated after year three. AT&T will pay $300 per year to held maintain
the access road to the site.
8. RECOM]4ENDATION:
Approval of lease agreement with AT&T Wireless Services of WA, Inc.
9. RESPONSIBLE OFFICIAL: Admin. Se~zicas
ENFORCEMENT OFFICIAL: Admin. Se~zices
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO: ~'04 ~
2. CLEARANCE COMMENTS (cont,):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
AT&T's tower site will no longer be authorized.
6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EOUIPMENT OR OTHER RESOURCES
N/A
7. RESEARCH SOURCES:
TELECOMMUNICATIONS FACILITIES
LEASE AGREEMENT
TItlS LEASE AGREEMENT entered into by and between the City ofBremerton, a
municipal corporation duly organized and existing under the laws of the State of Washington, as
Lessor (hereinafter referred to as "City") and AT&T Wireless Services of Washington, Inc.,
(hereinafter referred to as "Lessee").
WITNE S SETH:
1. PREMISES. The City hereby leases to the Lessee real property for housing,
installing, constructing, operating and maintaining certain telecommunications facilities, said real
property and facilities being more specifically described and/or depicted in Schedule A, attached
hereto and specifically incorporated herein (hereinafter referred to as Premises). Lessee agrees to
accept such real property for such purpose, subject to the considerations, terms and conditions
specified in this Telecommunications Facilities Lease Agreement (hereinafter referred to as
"Lease").
2. DEFINITIONS. For the purpose of this Lease, and the interpretation and
enforcement thereof, the following words and phrases shall have the following meanings, unless
the context of the sentence in which they are used shall indicate otherwise:
"Person" means and includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability companies and individuals and
includes their lessors, trustees and receivers;
"Public street" means any highway, street, alley or other public right of way for motor
vehicle travel under the jurisdiction and control of the City which has been acquired, established,
dedicated or devoted to highway purposes;
"Public way" means and includes all public streets and utility easements, as those terms
are defined herein, now or hereafter owned by the City, but only to the extent of the City's right,
title, interest or authority to grant a permit or lease to occupy and use such streets and easements
for telecommunications facilities;
"Telecommunications carrier" means and includes every person that directly or
indirectly owns, controls, operates or manages plant, equipment or property within the City, used
or to be used for the purpose of offering telecommunications service;
"Telecommunications facilities" means the plant, equipment and property, including but
not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment
LEASE AGREEMENT - 1
AT&T Wireless - February 22, 1999
storage structures and other appurtenances used or to be used to transmit, receive, distribute,
provide, house or offer telecommunications services;
"Telecommunications provider" means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
"Telecommunications service" means the providing or offering for rent, sale or lease, or
in exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser, microwave,
radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
"Utility easement" means any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes not inconsistent with telecommunications
facilities.
3. USES AND PURPOSES. Lessee shall have the use and occupancy of the
Premises for the purpose of transmission and reception of telecommunication and signals in any
and all frequencies using real property and telecommunications facilities approved in Schedule A.
Lessee shall have the right, at its expense, to erect and maintain on the Premises
improvements, personal property and facilities, as described in Schedule A and pursuant to
successful completion of all requisite permit processes.
City shall provide Lessee ingress, egress, and twenty-four hour a day, seven days a week
access over the property to the Premises adequate to service the Premises and the
telecommunication facilities at all times during this Lease at no additional charge to Lessee except
Lessee shall agree to sign a mutual road maintenance agreement to be provided by City with all
other users of access roads not included in the public road system and Lessee shall agree to share
equally the annual charge of maintaining the access roads not to exceed Three Hundred and
No/100 Dollars ($300.00). Which amount shall be increased annually in January based upon the
CPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as published by the Bureau of
Labor Statistics for the last month for which statistics are posted.
4. LEASE APPLICATION. Any person that desires to solicit the City's approval
of a Lease shall file a lease proposal with the City which shall include the following:
A. The identity and legal status of the applicant, including any affiliates;
B. The name, address, telephone number and title of the officer, agent or
employee responsible for the accuracy of the lease application statement;
LEASE AGREEMENT - 2
AT&T Wireless = February 22, 1999
C. A description of the service that the applicant intends to offer or provide,
or is currently offering or providing, to persons, firms, businesses or institutions within the City,
or to those outside the City limits using facilities located within the City;
D. A description of the telecommunications facilities or other equipment
proposed to be located upon City property;
E. A description of the City property upon which the applicant proposes to
locate telecommunications facilities or other equipment;
F. Signed set of owners drawings, preliminary plans and specifications in
sufficient detail to identify:
(1) Manufacturer standards, punch list on workmanship inspections for
future sign-off'by City inspectors for all telecommunication facilities
being proposed by Lessee.
(2) The location(s) of existing telecommunications facilities or other
equipment upon the City property, whether publicly or privately
owned.
(3) The location and source of electric and other utilities required for
the installation and operation of the proposed facilities.
G. Accurate scale conceptual drawings and diagrams of sufficient specificity
to analyze the aesthetic impacts of the proposed telecommunications facilities or other equipment;
1t. Whether the applicant intends to provide cable service, video dialtone
service or other video programming service, and sufficient information to determine whether such
service is subject to cable franchising;
I. An accurate map showing the location of any existing telecommunications
facilities in the City that applicant intends to use or lease;
J. A description of the services or facilities that the applicant will offer or
make available to the City and other public, educational and governmental institutions;
K. Evidence that the applicant has explored possible co-location sites on
existing tower sites on City or private property.
L. Such other and further information as may be requested by the City; and
LEASE AGREEMENT - 3
AT&T Wireless - February 22, 1999
M. A non-refundable application fee of Five Hundred and No/100 Dollars
($500.00).
5. NON-EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude
the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or
other persons for telecommunications or any other purpose.
6. TERM OF LEASE. This Lease shall be valid for a term of six (6) year(s) and six
(6) months commencing September 1, 1998 and terminating February 28, 2005 subject to
renegotiation of compensation at the end of year three.
7. COMPENSATION TO TIlE CITY.
A. This Lease is subject to the City's fight, which is expressly reserved, to fix
a fair and reasonable compensation to be paid for the rights granted to the Lessee; starting on the
Commencement Date and on the first day of each month thereafter during the term of the Lease,
Lessee shall pay rent at a rate of Six Hundred and No/100 Dollars ($600.00) per month, prorated
for any partial months.
At the beginning of each successive year thereafter the monthly rent shall
automatically be adjusted based upon the CPI for all urban consumers, Seattle-Tacoma index
(1982-84=100) as published by the Bureau of Labor Statistics for the last month for which
statistics are posted prior to the effective date above. However, rent shall not, in any case,
decrease.
Any payments received after the due date shall include a late payment penalty of 2% of the
annual rental fee for each day or part thereof past the due date.
B. Additional Consideration. City shall be allowed, at City's sole expense, to
attach City's communication antennas to Lessee's telecommunications tower provided City first
obtains Lessee's prior written consent for such attachments. Lessee's approval for said
attachments shall be contingent upon determining whether Lessee's tower is properly engineered
to accommodate City's antenna system and such transmission shall not result in any impairment or
diminution in the quality of Lessee's service. Further, said approval shall be given only after
Lessee has reviewed and approved City's engineering plans for said antenna attachments in a
location specified by Lessee. Approval shall not be unreasonably withheld. Upon written
approval by Lessee, said attachments shall be installed by qualified licensed contractors and in
accordance with Lessee's directives for the method of installment and with permits issued by all
applicable governmental authorities having jurisdiction which shall first be obtained by City at its
sole expense. City acknowledges and agrees that Lessee reserves the right to relocate City's
antennas at any time(s) to accommodate modifications required for Lessee's future system
requirements, provided such relocation shall provide equivalent quality of service after such
relocation.
LEASE AGREEMENT - 4
AT&T Wireless - February 22, 1999
Pursuant to Section 10 Lessee shall pay to the City fifty percent (50 %) of any and all sub-
lessee i'ent for co-location on Lessee's telecommunication facilities.
8. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be
responsible for paying real or personal property, leasehold excise, business and occupation, and/or
other taxes or licenses which may in the future be assessed as a direct result of the Lessee's
operations at the telecommunications facilities described herein.
9. UTILITIES. Electricity, HVAC and telephone service, or other utilities are to be
provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall
cooperate with Lessee in obtaining utility service.
10. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the right, with
prior City approval, to sublet the premises consistent with this Lease; provided:
A. The Lessee shall furnish the City with a copy of any such proposed lease or
agreement between the Lessee and its sub-lessee;
B. The sub-lessee has complied, to the extent applicable, with the
requirements contained in this Lease;
C. The Lessee owns and/or controls the tower facility located on City
property;
D. The City and Lessee shall agree upon additional rental fee for sub-lessee
hook-ups pursuant to Section 7B.
The City encourages co-location on existing telecommunications facilities and to that end
will not unreasonably withhold approval of sub-leases.
11. IMPROVEMENTS. During the term of this Lease if Lessee wishes to expand
the initial configuration contained in Schedule A, Lessee will submit a new application pursuant to
Section 4. Compensation for the proposed expansion will be negotiated upon approval of the
application.
12. RIGHTS GRANTED. This Lease does not convey any right, title or interest in
the City property, but shall be deemed to convey only the fight to use and occupy the City
property for the limited purposes and term stated in the Lease. Further, this Lease shall not be
construed as any warranty of title.
13. CANCELLATION OF LEASE BY LESSEE.
LEASE AGREEMENT - 5
AT&T Wireless - February 22, 1999
A. All Leases are contingent upon the Lessee obtaining all necessary permits,
approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain
all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any
rents paid, without further obligation by giving 30 days prior written notice to the City. Lessee
agrees to restore City property to original condition if cancellation is requested.
B. In the event that the holder of a Lease determines that the City property is
unsuitable for its intended purpose, the Lessee shall have the fight to cancel the Lease upon 120
days written notice to the City. However, no prepaid rent shall be refundable.
14. INTERFERENCE WITH OTItER USERS. The Lessee acknowledges that the
City may enter into leases with other tenants for their equipment and telecommunications facilities
for the purposes of transmitting and receiving telecommunication signals from City property. The
City, however, is not in any way responsible or liable for any interference with Lessee's use of the
City property which may be caused by the use and operation of any other tenant's equipment,
even if caused by new technology. In the event that any other tenant's activities interfere with the
Lessee's use of the City property, and the Lessee cannot resolve this interference with the other
tenants, the Lessee may, upon 30 days notice to the City, terminate this lease and restore the City
property to its original condition, reasonable wear and tear excepted. The Lessee shall cooperate
with all other tenants to identify the causes of and work towards the resolution of any electronic
interference problem. In addition, the Lessee agrees to eliminate any radio or television
interference caused to City-owned facilities or surrounding residences at Lessee's own expense
and without installation of extra filters on City-owned equipment. Lessee further agrees to accept
such interference as may be received from City operated telecommunications or other City
facilities located upon the City property subject to this Lease except those City antenna sites
placed upon Lessee's facilities pursuant to Section 7.
15. TECItNICAL STANDARDS. Lessee shall operate its telecommunications
facilities in complete compliance with rules and regulations of the Federal Communications
Commission and shall furnish City with a copy of its current license and all subsequent renewals
for City's files. A copy of said license shall be posted at all times on Lessee's equipment at
subject site. Lessee shall operate its equipment in compliance with the applicable standards for
this site as established by the Western Washington Cooperative Interference Committee
(WWCIC) Engineering Standard #6 Rev. C (02-97) for Radio Transmitting and Receiving
Devices and FM Broadcast, hereinafter incorporating future amendments.
16. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings,
landscaping and all other improvements, except telecommunications equipment, shall become the
property of the City upon expiration or termination of the Lease. In the event that the City
requires removal of such improvements after termination of the Lease, such removal shall be
accomplished at the sole expense of the Lessee and completed within 30 days after receiving
notice from the City requiring removal of the improvements. Additional time may be granted
upon the discretion of the City which approval shall not be unreasonably withheld. In the event
LEASE AGREEMENT - 6
AT&T Wireless - February 22, 1999
that telecommunications facilities or other equipment are left upon City property after expiration
or termination of the lease, they shall, at the City's option, become the property of the City if not
removed by the Lessee upon 30 days written notice from the City. If Lessee fails to remove the
property upon request by the City, Lessee agrees to reimburse the City for any and all removal
costs incurred by the City.
17. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under
this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days
before expiration of the current Lease, file an application with the City for renewal of its Lease
which shall include the following:
A. The information required pursuant to Section 4;
B. Any additional information required based upon elements of the current
Lease agreement between the City and the Lessee;
C. All deposits or charges required pursuant to City ordinances;
D. A non-refundable application fee in the amount of Five Hundred and
No/100 Dollars ($500.00).
The City reserves the right to extend the review period for the renewal application if
additional information is required.
18. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease
shall be renewed until any ongoing violations or defaults in the Lessee's performance of the Lease
have been cured, or a plan detailing the corrective action to be taken by the Lessee has been
approved by the City.
19. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its
rights hereunder are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the public and it agrees
to comply with all applicable general laws enacted by the City pursuant to such power.
20. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or
emergency, the Lessee may commence such repair and emergency response work as required
under the circumstances, provided the Lessee shall notify the City as promptly as reasonably
possible, before such repair or emergency work commences or as soon thereafter as possible if
advance notice is not practicable.
21. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its
facilities in good and safe condition and in a manner that complies with all applicable federal, state
and local requirements. Lessee shall not permit waste, damage, or injury to the premises
LEASE AGREEMENT - 7
AT&T Wireless - February 22, 1999
t¢
including any City property, public ways of the City, other ways or other property, whether
publicly or privately owned, located in, on or adjacent thereto. Lessee shall not restrict site access
to City. City shall have the exclusive right to inspect the Lessee's telecommunications facilities
and equipment at any time during the term of this Lease to ensure compliance with the terms and
conditions herein; Provided, however, Lessee has the right to be present at all inspections of
Lessee's telecommunications facilities and equipment, and City shall give Lessee at least 24 hours
prior notice of such intent.
22. SIGNAGE. Lessee shall display a current sign on telecommunication facilities
identifying Lessee, address and a 24 hour phone number.
23. RELOCATION OR REMOVAL OF FACILITIES. Within ninety (90) days
following written notice from the City, the Lessee shall, at its own expense, temporarily or
permanently remove, relocate, change or alter the position of any telecommunications facilities
within the public ways or upon City property whenever the City Public Works & Utilities Director
shall have determined that such removal, relocation, change or alteration is reasonably necessary
for:
A. The construction, repair, maintenance or installation of any City or other
public improvement in or upon the public ways; and
B. The operations of the City or other governmental entity in or upon the
public ways.
C. The facilities unreasonably interfere with the use of the public ways by the
City, by the general public or by other persons authorized to use or be present in or upon public
ways.
Additional time for removal or relocation may be granted at the discretion of the City
which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon
request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by
the City.
24. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty. (30) days
following written notice from the City, Lessee or any person who owns, controls or maintains on
behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances
within the public ways or real property of the City may, remove such facilities or appurtenances
from the public ways or property of the City. A telecommunications system or facility is
unauthorized and subject to removal in the following circumstances:
A. Upon expiration or termination of the Lessee's Lease without approved
extension or renewal;
LEASE AGREEMENT - 8
AT&T Wireless - February 22, 1999
B. Upon abandonment of a facility within the public ways or real property of
the City. Any property of a Lessee shall be deemed abandoned if left in place 30 days after
expiration or termination of the Lease;
C. If the system or facility was constructed or installed without the prior grant
of a Lease;
D. If the system or facility was constructed or installed without the prior
issuance of a required City permits; and
E. If the system or facility was constructed or installed at a location not
permitted by the Lease.
Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such
persons who may own, control, or maintain telecommunications facilities within the public ways
or property of the City to abandon such facilities in place. No facilities of any type may be
abandoned in place without the express written consent of the City. Any plan for abandonment or
removal of a Lessee' s facilities must be first approved by the Public Works and Utilities Director,
and all necessary permits must be obtained prior to such work. Upon authorized permanent
abandonment of the property of such persons in place, the property shall become that of the City,
and such persons shall submit to the City an instrument in writing, to be approved by the City
Attorney, transferring to the City the ownership of such property in which event, Lessee shall
have no further obligations or liability with respect to such facilities. The provisions of this
Section shall survive the expiration, revocation, or termination of the Lease granted hereunder. If
the City does not authorize abandonment and Lessee fails to remove such facilities within thirty
(30) days following notice, Lessee agrees to reimburse the City for any and all costs incurred by
the City for facilities removal.
25. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City
retains the right and privilege to cut or move any telecommunications facilities located within the
public ways of the City and upon City property, as the City may determine to be necessary,
appropriate or useful in response to any public health or safety emergency. The City shall not be
liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by
any person or entity of any type as a direct or indirect result of the City's actions under this
Section.
26. DAMAGE TO FACILITIES. Unless directly and proximately caused by the
willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall not
be liable for any damage to or loss of any telecommunications facility upon City property or
within the public ways of the City as a result of or in connection with any public works, public
improvements, construction, excavation, grading, filling, or work of any kind on such City
property or within the public ways by or on behalf of the City.
LEASE AGREEMENT - 9
AT&T Wireless - February 22, 1999
27. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY
PROPERTY.
A. When the Lessee, or any person acting on its behalf, does any work in or
affecting any public ways, other ways or City property, it shall, at its own expense, promptly
remove any obstructions therefrom and restore such ways or property to City construction
standards as adopted before the work was undertaken, unless otherwise directed by the City.
Lessee shall obtain all requisite permits for such work.
B. If weather or other conditions do not permit the complete restoration
required by this Section, the Lessee shall temporarily restore the affected ways or property. Such
temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly
undertake and complete the required permanent restoration when the weather or other conditions
no longer prevent such permanent restoration.
C. The Lessee or other person acting in its behalf shall use suitable barricades,
flags, flagmen, lights, flares and other measures as required for the safety of all members of the
general public and to prevent injury or damage to any person, vehicle or property by reason of
such work in or affecting such ways or property.
D. The Public Works and Utilities Director shall be responsible for inspection
and final approval of the condition of the public ways, other ways, and City property following
any construction and restoration activities therein. Further, the provisions of this Section shall
survive the expiration, revocation, or termination of this Lease.
28. FACILITIES MAPS. The Lessee shall provide the City with a map or maps
accurately reflecting the horizontal and vertical location and configuration of all of its
telecommunications facilities within the public ways and upon City property. The Lessee shall
provide the City with updated maps upon request by the City.
29. BOOKS, RECORDS AND MAPS. All books, records, maps and other
documents, maintained by the Lessee with respect to its telecommunications facilities within the
public ways and upon City property shall be made available for inspection by the City at
reasonable times and intervals; Provided, however, that nothing in this Section shall be construed
to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this
Section be construed to require the Lessee to disclose proprietary or confidential information
without adequate safeguards for its confidential or proprietary nature.
30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain
the following liability insurance policies insuring both the Lessee and the City, and its elected and
appointed officers, officials, agents, employees, representatives, engineers, consultants, and
volunteers against claims for injuries to persons or damages to property which may arise from or
in connection with the exercise o£ the rights, privileges, and authority granted to the Lessee:
LEASE AGREEMENT - 10
AT&T Wireless - February 22, 1999
A. Comprehensive general liability insurance, written on an occurrence basis,
with limits not less than:
(1) $2,000,000.00 for bodily injury or death to each person;
(2) $2,000,000.00 for property damage resulting from any one
accident; and
(3) $2,000,000.00 for all other types of liability.
B. Automobile liability for owned, non-owned and hired vehicles with a limit
of $2,000,000.00 for each person and $2,000,000.00 for each accident;
C. Worker's compensation within statutory limits and employer's liability
insurance with limits of not less than $1,000,000.00;
D. Comprehensive form premises-operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not less than $2,000,000.00;
E. The liability insurance policies required by this Section shall be maintained
by the Lessee throughout the term of the Lease, and such other period of time during which the
Lessee is operating without a Lease hereunder, or is engaged in the removal of its
telecommunications facilities. The Lessee shall provide an insurance certificate, together with an
endorsement designating the City, and its elected and appointed officers, officials, agents,
employees, representatives, engineers, consultants, and volunteers as additional insureds, to the
City prior to the commencement of any work or installation of any facilities pursuant to said
Lease. Any deductibles or self-insured retentions must be declared to and approved by the City.
Payment of deductibles and self-insured retentions shall be the sole responsibility of the Lessee.
The Lessee's insurance shall be primary insurance as respects the City, its officers, officials,
employees, agents, consultants, and volunteers. Any insurance maintained by the City, its
officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Lessee's
insurance and shall not contribute with it. The City shall be provided thirty (30) days advance
notice of cancellation of any coverages required above;
F. Within thirty (30) days after receipt by the City of said notice, and in no
event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall
obtain and furnish to the City replacement insurance policies meeting the requirements of this
Section.
31. GENERAL INDEMNI~-'ICATION. Lessee covenants not to bring suit against
the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and
elected officers, employees, agents and volunteers from and against any and all liability, loss,
costs, damage, and expense, including costs and attorney fees in defense thereof, and including
LEASE AGREElvlENT - 11
AT&T Wireless - February 22, 1999
claims by the Lessee's own employees to which the Lessee might otherwise be immune under
Title 51 RCW, because of actions, claims or lawsuits for damages resulting fi.om personal or
bodily injury, including death at any time resulting therefrom, sustained or alleged to have been
sustained by any person or persons, and on account of damage to property, arising or alleged to
have arisen directly or indirectly out of or in consequence of the performance of this Agreement,
whether such injuries to persons or damage to property is due to the negligence of the Lessee, its
agents, employees, representatives or assigns. This provision shall be inapplicable to the extent
such damage or injury is judicially found to be caused by the sole negligence of the City. This
provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated by
the parties.
Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of-way,
easements, and property fi.om activities conducted by the City, its officers, employees, agents, and
volunteers. The Lessee releases and waives any and all claims against the City, its officers,
employees, agents, and volunteers for damage to or destruction of the Lessee's facilities except to
the extent any such damage or destruction is caused by the willful and malicious action of the
City, its officers, employees, agents, or volunteers.
32. CONSTRUCTION AND COMPLETION BOND. A performance bond written
by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of
constructing the Lessee's telecommunications facilities within the public ways of the City or upon
City property shall be deposited before construction is commenced.
A. Except as provided below, the construction bond shall remain in force until
60 days at, er substantial completion of the work, as determined by the City, including restoration
of public ways and other property affected by the construction.
B. The construction bond shall guarantee, to the satisfaction of the City:
(1) Timely completion of construction;
(2) Construction in compliance with applicable plans, permits, technical
codes, and standards;
(3) Proper location of the facilities as approved by the City;
(4) Restoration of the public ways and other public or private property
disrupted, damaged, or otherwise affected by the construction. The
construction bond shall warrant said restoration work for a period
of 1 year;
(5) The submission of'as-built' drawings after completion of the work
as required by this Chapter; and
LEASE AGREEMENT - 12
AT&T Wireless - February 22, 1999
(6) Timely payment and satisfaction of all claims, demands or liens for
labor, material or services provided in connection with the work.
33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a
Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease,
merger, consolidation or other act of the Lessee, by operation of law or otherwise, without the
prior written consent of the City, which consent shall not be unreasonably withheld or delayed,
except as expressed by ordinance and then only on such reasonable conditions as may be
prescribed therein.
A. No Lease shall be assigned or transferred in any manner within twelve (12)
months aPter the initial grant of the Lease, unless otherwise provided.
B. Absent extraordinary and unforeseeable circumstances, no system or
integral part of a system shall be assigned or transferred before construction of the
telecommunications facility has been completed.
C. The Lessee and the proposed assignee or transferee of the system shall
provide and certify the following information to the City not less than sixty (60) days prior to the
proposed date of transfer:
(1) Complete information setting forth the nature, terms and condition
of the proposed transfer or assignment;
(2) All information required ora lease applicant pursuant to Section 4
with respect to the proposed tranSferee or assignee;
(3) Any other information reasonably required by the City; and
(4) An application fee set by Section 4.
D. No transfer shall be approved unless the assignee or transferee has the
legal, technical, financial, and other requisite qualifications to own, hold and operate the
telecommunications facility pursuant to this Lease.
E. Unless otherwise provided in this Lease, the Lessee shall reimburse the
City for all direct and indirect costs and expenses reasonably incurred by the City in considering a
request to transfer or assign this Lease. No approval shall be deemed approved until all such
costs and expenses have been paid.
F. Any transfer or assignment of the lease, system, or integral part of a system
without prior written approval of the City under this Section or pursuant to the Lease shall be
void and is cause for revocation of the lease.
LEASE AGREEMENT - 13
AT&T Wireless - February 22, 1999
34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions
which singularly or collectively result in a change of 50% or more of the ownership or working
control of the Lessee, of the ownership or working control of the telecommunications facility, of
the ownership or working control of affiliated entities having ownership or working control of the
Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the
Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an
assignment or transfer requiring City approval pursuant to Section 33 hereof. Transactions
between affiliated entities are not exempt from City approval. The Lessee shall promptly notify
the City prior to any proposed change in, or transfer of, or acquisition by any other party of
control ofLessee's company. Every change, transfer, or acquisition of control of a Lessee' s
company shall cause a review of the proposed transfer. In the event that the City adopts a
resolution or other appropriate order denying its consent and such change, transfer or acquisition
of control has been effected, the City may cancel the Lease. Approval shall not be required for
mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling,
controlled by, or under common control with the Lessee.
35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the
City to use or occupy public ways of the City or City property may be terminated for the
following reasons:
A. Lessee's construction or operation in the City or in the public ways of the
City or upon City property without proper City authorization;
B. Lessee's construction or operation at an unauthorized location;
C. Unauthorized substantial transfer of control of the Lessee;
D. Unauthorized assignment of Lease;
E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a
substantial interest therein;
F. Misrepresentation by or on behalf of the Lessee in any application or
written statement upon which the City relies in making the decision to grant, review or amend
said Lease;
G. Abandonment of telecommunications facilities in the public ways or upon
City property;
lt. Failure to relocate or remove facilities as required in this Lease;
I. Failure to pay taxes, compensation, fees or costs when and as due the City;
LEASE AGREEMENT - 14
AT&T Wireless - February 22, 1999
J. Insolvency or bankruptcy of the Lessee;
K. Failure to construct or operate in accordance with approved permits; and
L. Violation of any material provision or term of this lease.
36. NOTICE AND DUTY TO CURE. In the event that the City believes that
grounds exist for revocation of this Lease, the Lessee shall be given written notice of the apparent
violation, default, or noncompliance, providing a short and concise statement of the nature and
general facts of the violation or noncompliance, and providing the Lessee a reasonable period of
time not exceeding 30 days to furnish evidence:
A. That corrective action has been, or is being actively and expeditiously
pursued, to remedy the violation, default or noncompliance;
B. That rebuts the alleged violation, default or noncompliance; and
C. That it would be in the public interest to impose some penalty or sanction
less than revocation.
37. HEARING. In the event that the Lessee fails to provide evidence reasonably
satisfactory to the City as provided in Section 36 hereof, the City shall refer the apparent
violation, default or non-compliance to the City Council. The City Council shall provide the
Lessee with notice and a reasonable opportunity to be heard concerning the matter.
38. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City
Council determines that a Lessee willfully violated or failed to comply with any of the provisions
of this Lease or through willful misconduct or gross negligence failed to heed or comply with any
notice given the Lessee by the City under the provisions of this Lease, then the Lessee shall, at the
election of the City Council and upon thirty (30) days prior written notice by City, forfeit all rights
conferred hereunder and the Lease may be revoked or annulled by the City Council. The City
Council may elect, in lieu of the above and without any prejudice to any of its other legal rights
and remedies, to pursue other remedies, including obtaining an order from the Superior Court
having jurisdiction compelling the Lessee to comply with the provisions of this Lease, and to
recover damages and costs incurred by the City by reason of the Lessee's failure to comply. The
City Council shall utilize the following factors in analyzing the nature, circumstances, extent, and
gravity of the violation and in making it's determination under this Section:
A. Whether the misconduct was egregious;
B. Whether substantial harm resulted;
C. Whether the violation was intentional;
LEASE AGREEMENT - 15
AT&T Wireless - February 22, 1999
24
D. Whether there is a history of prior violations of the same or other
requirements;
E. Whether there is a history of overall compliance; and
F. Whether the violation was voluntarily disclosed, admitted or cured.
39. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at
least 24 hours prior to entering private property or streets or public easements adjacent to or on
such private property to perform permitted new construction or reconstruction, a notice indicating
the nature and location of the work to be performed shall be physically posted, at no expense to
the City, upon the affected property by the Lessee. A door hanger may be used to comply with
the notice and posting requirements of this Section. The Lessee shall make a good faith effort to
comply with the property owner/resident's preferences, if any, on location or placement of
underground installations (excluding aerial cable lines utilizing existing poles and existing cable
paths), consistent with sound engineering practices. Provided, however, that nothing in this Lease
shall permit the Lessee to unlawfully enter or construct improvements upon the property or
premises of another.
40. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable
federal, state, and local safety requirements shall, at all times, employ ordinary care and shall
install and maintain and use commonly accepted methods and devices for preventing failures and
accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All
structures and all lines, equipment and connections in, over, under, and upon the streets,
sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at
all times be kept and maintained in a safe, suitable condition, and in good order and repair. The
City reserves the general fight to see that the telecommunications facility of the Lessee is
constructed and maintained in a safe condition. If a violation of the National Electrical Safety
Code or other applicable regulation is found to exist by the City, the City will, after discussions
with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the
repairs are not made within the established time frame, the City may make the repairs itself or
have them made and collect all reasonable costs thereof from the Lessee.
41. LIENS. Lessee shall not permit any lien to be imposed upon the property of the
City as a result of work done by or on behalf of user and shall indemnify and hold the City
harmless against any and all expenses, including reasonable attorney's fees and court costs in
connection with any such lien.
42. MISCELLANEOUS.
A. This agreement shall be governed by the laws of the State of Washington.
LEASE AGREEMENT - 16
AT&T Wireless - February 22, 1999
B. The substantially prevailing patty in any litigation arising hereunder shall be
entitled to its reasonable attorney's fees and court costs, including appeals, if any.
C. Each party agrees to furnish the other, within ten (10) days after request,
such truthful estoppel information as the other may reasonably request.
D. This Lease constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendments to said Lease
must be in writing and executed by both parties.
E. If either party is represented by a real estate broker in this transaction, that
party shall be fully responsible for any fee due such broker.
F. If any term of this Lease is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Lease, which shall continue in full force and effect.
G. Any notice or demand required to be given herein shall be made by certified
or registered mail, return receipt requested, to the address of the respective parties set forth
below:
LESSOR: LESSEE:
City of Bremerton AT&T Wireless Services
Administrative Services Director Northwest Real Estate Manager
239 Fourth Street 1600 SW Fourth Avenue
Bremerton, WA 98337 Portland, OR 97201
43. NONDISCRIMINATION. Lessee 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 employment actions based on a bona fide occupational qualification.
AT&T WIRELESS SERVICES
Date:
//
LEASE AGREEMENT - 17
AT&T Wireless - February 22, 1999
CITY OF BREMERTON
Date:
LYNN S. HORTON, Mayor
DEPARTMENTAL APPROVAL:
W. EUGENE SAMPLEY, Director of Public Works & Utilities
APPROVED AS TO FORM:
GLENNA MALANCA, City Attorney
State of Washington )
) SS.
County of Kitsap )
On this __ day of , 19 , personally appeared Lynn S.
Horton to me known to be the Mayor of the City ofBremerton, a municipal corporation, that
executed the within and foregoing instrument, and acknowledged said instrument to be the free
and voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that she was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public in and for the State of Washington
Residing at
My commission expires:
RECEIVED FOR FILING:
KATHLEEN L. McCLUSKEY, City Clerk
LEASE AGREEMENT - 18
AT&T Wireless - February 22, 1999
AT&T
AT&T Wireless Services
~ 600 SW ,~th Ave.
Portland, OR 97201
August 11, 1998
City of Bremerton /¢,~ '~'0~
Attn: Paula Johnston, O~- '~(,, ~//
Deputy City Clerk ~. ~/'¢~(~ ~.. ~ ¥_
239 Fourth Street
Bremerton, WA 98337
RE: Lease Agreement between City of Bremerton and AT&T VVireless Services of
Washington, Inc. [as successors in interest to McCaw Communications of
Bremerton, Inc.], dated August 9, 1988.
Dear Ms. Johnston:
Please accept the enclosed Lease Application for renewal of the above-referenced
agreement. The application follows paragraph 4 of your Telecommunications Facilities
Lease Agreement form, as per your letter of July 14%
As per our phone conversation today, the request for $500.00 check for the lease
application fee is being processed and will be sent as soon as available. If you have
any questions about the enclosed, please feel free to contact me at (503)306-7812.
Thank you,
Kelley Swensen
Real Estate Specialist
~ Recycled Paper
APPLICATION FOR LEASE RENEWAL
Lease Agreement between City of Bremerton and
McCaw Communications of Bremerton, Inc.,
dated August 9, 1988
A. The identity and legal status of the applicant, including any affiliates;
AT&T Wireless Services of Washington, Inc. [as successors in interest to McCaw
Communications of Bremerton, Inc.], dba AT&T Wireless Services
B. The name, address, telephone number and title of the officer, agent or employee responsible for the accuracy of
the lease application statement:
Ron Fowler, Northwest Real Estate Manager (503)306-7484
AT&T Wireless Services
1600 SW Fourth Avenue
Portland, OR 97201
C. A description of the service that the applicant intends to offer or provide, or is currently offering or providing, tn
persons, firms, businesses or institutions within the City, or to those outside the City limits usi'~g facilities I'~cated
within the City;
Applicant is licensed by the FCC to provide cellular communication services in the
Bremerton area and currently provides services in the 850-900 mHz frequency band.
D. A description of the telecommunications facilities or other equipment proposed to be located upon City propertF
The facilty is comprised of a 240ft. truss tower with antennas and a 12' x 28'
electronics equipment shelter.
E. A description of the City property upon which the applicant proposes to locate telecommunications facilities or
other equipment
That portion of Section 29, Township 24N, Range 1E, W.M., Kitsap County, WA;
comprising approximately 56~00 sq. ft., more particularly described on attached
drawings. (,.~'k~d,~l~ A d¢o.~.,,v~ o¢1 -¢'~ i~_ 'tv,. C~¢KL'g O-¢~e~')
F. Signed set of owners drawinqs, preliminary plans and specifications in sufficient detail to identify: 1)
Manufacturer standards, punch list on workmanship inspections for future sign-off by City inspectors for afl
telecommunication facilities being proposed by Lessee, 2) The location of existinq telecommunications facilitie.s
or other equipment upon the City property, whether publicly or privately owned: 3) The location and source of
electric and other utilities required for the instaflation and operation of the proposed facilities.
See attached, original as-built drawings of existing communication site at this location.
A. Accurate scale conceptual drawings and diagrams of sufficient specificity to analyze the aesthetic impacts of the,
proposed telecommunications facilities or other equipment,
See attached.
B. Whether the appficant intends to provide cable service, video dialtone service or other video programming
service, and sufficient information to determine whether such service is subiect to cable franchisinq;
The applicant intends to continue providing cellular communication services in the
850-900 mhz range, as licensed by the FCC.
C. An accurate map showing the location of any exist/ng telecommunications facilities in the City that applicant
intends to use or lease;
At this time, the applicant requests only to renew the lease for the existing facility.
D. A description of the services or facilities that the applicant will offer or rnake available to the City and'other
public, educational and governmental institutions;
AT&T Wireless Services allows for enhanced Emergency 911 services and currently
provides facilities to fire, police and other emergency services for enhancement of their
communications services.
E. Evidence that the applicant has explored possible co-location sites on existinq tower sites on City or pdvate
property.
AS the owner of this existing facility, AT&T Wireless Services is agreeable to working
with other providers who wish to co-locate on this tower.
F. Such other and further information as may be requested by the City
Additional information is available upon request.
A. A non-refundable application fee of Five Hundred and No/lO0 Dollars ($500.00)
$500.00 application fee to follow, per Kelley Swensen's phone conversation with Paula
Johnston on 8/11/98. ~~ g'-,,~Y--'~'
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: March 12, 1999
Mayor's Presentation on ORIGINATING DEPT: Legal
Mediation Resolution ORIGINATOR: Glenna Malanca,
City Attorney
DATE SUBMITTED: March 1i, 1999
,,~CL~NCES:/~ (Comment on back if necessary) 3. EXHIBITS:
'~-'~e~T~Malanc~, City Attorney
Council Study Sessions
Executive Session 3/10/99 - Special Mtq held 3/12/99
Fiscal & Budget Chairman
Executive Session 3/10/99 - Special Mtg held 3/12/99
Operations Committee Chairman
ENDORSEMENT~\~f INFORMATION [] APPROVED BY COUNCIL PRESIDENT F~R SUBMITTAL:
4. SUMM~R¥ STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Mediation Resolution in regards to Puget Soundkeepers Alliance vs. City of
Bremerton was heard at a Special Council Meeting held March 12, 1999. A Motion
was made to conditionally approve Mediation Resolution with Mayor's confirmation
that recent filings by the Alliance do not defeat the City's ability to perform
under the terms of the Mediation Resolution.
8. RECOMMENDATION:
Motion to retain the conditional nature of the City's approval of the Mediation Resolution
until the Court denies the requested relief of appointing a receiver; freezing assets of
the City; suspending the Federal benefits; and arresting the Mayor. Upon the Court's
denial of the requested relief, or dismissal of the Amended Motion, the City's approval
of the Mediation Resolution would no longer be conditional.
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. CLEA~%~C~ COMME~S:
5. IMPACT OF NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
None.
7. RESEARCH SOURCES:
To: Mayor Lynn Horton
C¢: City Council Members
From: Olenna Malanca, City Att
Dat~: 03/17/99
Re: Puget Soundkeepers Alliance Mediation Resolution
Thc Council conditional approval of the Mediation Resolution, tentatively agreed to by staff
on the 22~a of February, 1999, is set to be before the Council for the Mayor's recommendation on
March 17, 1999. The Mediation Resolution is an agreement relating to issues directed by the Federal
Di~rict Court to be submitted to mediation.
Subsequent to the staff's signatures on the Mediation Resolution, the alliance caused to be
seawedon the City's outside counsel an amended motion on contempt, enforcement and attorneys'
fees. Relief requested in the amended motion, if granted, would ~ustrate the city's ability to l:~c~form
obligations assumed under the terms of the Mediation Resolution. Specifically, the appointment of a
receiver, suspension of all Federal benefits through grants and contracts, freezing of the assets of the
water, wastewater and stormwater funds of the City, and the arrest of the Mayor would all seriously
jeopardize the City's ability to perform under the Mediation Resolution, in addition to endangering
the daily business and provision of services in this municipality.
RECOMMENDATION: Retain the conditional nature of thc City's approval of the
Mediation Resolution until the Court denies the requested relief of appointing a receiver; freezing
assets of the Cit3e, susp~ding Federal benefits; and arresting the Mayor. Upon the Court's denial of
the requested relief, or dismissal of the Amended Motion, the City's approval of the Mediation
Resolution would no longer be conditional.
AGENDA BILL
BREMERTON CITY COUNCIL
I. S~CT: Bid Award - Evergreen FOR AGENDA OF: March 17, 1999
Park Phase I Construction. ORIGINATING DEFT: Parks & Recreation
ORIGINATOR: Jim Spencer, Interim Director
DATE SUBMITrED: March 2, 1999
2. CLEARANCES:
(Comment on back ifn¢cessary)~ - / ~//~"~ 3. EXrlIliITS:
Director PW & Utilities: J~, ~ ~* Sources and Uses Funds
City Treasurer: f"'"x~,,,,~ ~
Purchasing Supervisor: j~- ___.__ .....
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Bids were opened on Wednesday, February 24, 1999, for the Evergreen Park - Phase I
Renovation Project. A total of eight (8) bids were received for the project (see attached Bid
Opening List). The low bidder is Del-Jen, Inc. fi.om Silverdale, WA. for the Base Bid
Lump Sum of $342,000 and Alternates 1 through 5 in the amount of $128,950, for a grand
total (not including WWST) of $470,950. The total contract mount, including Washington
State Sales Tax at 8.1%, is $509,096.95.
8. RECOMMENDATION:
That the City Council approve this low bid fi.om Del-Jen, Inc., in the amount of
$509,096.95, including Washington State Sales Tax, and authorize the Mayor to execute the
contract for the construction renovation of the Evergreen Park - Phase I. Subject to City
Administrative policies and procedures.
9. RESPONSIBLE OFFICIAL: Jim Spencer
ENFORCEMENT OFFICIAL: Jim Spencer
EXPIRATION DATE: N/A
REVIEW DATE: N/A
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED ~~ A
COUNCIL DIRECTIVE: DATE:
Evergreen Agenda Bill.doc
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
The Parks & Recreation Department would not be able to go forward with the renovation
and new construction of Evergreen Park - Phase I. Also, the grant funding ($ 300,000)
received from the Interagency Committee for Outdoor Recreation Ci.A.C.) for this project
would not be utilized.
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER
RESOURCES:
None. There is authorized funding for this project in Fund 622 (Roosevek Capital
Assets) for 1999. Ongoing maintenance and operations will be absorbed in the Parks &
Recreation Department's budget.
7. RESEARCH SOURCES:
Evergreen Agenda Bill.doc
EXPANSION OF EVERGREEN PARK WAS ENVISIONED IN TIlE 1994 EVERGREEN PARK PLAN
THE PROPERTIES INCLUDED BREM/kill LOFTHUS, AND PUGET POWER (NOW PUGET
SOUND ENERGY), A TOTAL OF APPROXIMATELY 4.5 ACRES SURROUNDING SMITH COVE.
IN 1995 ENTERED INTO AN AGREEMENT WITH FAILURE ANALYSIS ASSOCIATES (FAA) TO
PREPARE BACKGROUND STUDY OF PROPERTIES WITHIN THE PARK EXPANSION
BOUNDARIES AND PREPARE A SITE ASSESSMENT OF CONTAMINATION
NEGOTIATIONS WITH BREM AIR INDICATED A WILLINGNESS TO TRADE PROPERTY FOR
COST OF CLEANUP. THE LOFTHUS AND PUGET POWER PROPERTIES WERE EVALUATED ON
THE SAME BASIS.
INITlAL CONTACT WITH ECOLOGY INDICATED THEY WOULD SUPPORT A LIMITED
CLEANUP APPROACH FOR THIS PROJECT. THE EARLY APPROACH WAS TO ENTER INTO A
CONSENT DECREE WITH ECOLOGY.
ECOLOGY ALSO GAVE EARLY VERBAL SUPPORT FOR A 50% MATCHING GRANT FOR THIS
REMEDIATION PROJECT. A GRANT APPLICATION WAS SUBMITTED AND THE GRANT
ADMINISTRATOR INDICATED THE GRANT WOULD BE AWARDED SUBJECT TO ENTERING
INTO A CONSENT DECREE OR EQUIVALENT AGREEMENT
FAA PREPARED A SAMPLING AND ANALYSIS PLAN APPROVED BY ECOLOGY. BASED ON
INITIAL SAMPLING RESULTS, ADDITIONAL SAMPLING WAS REQUIRED.
FAA PREPARED A FOCUSED REMEDIAL INVESTIGATION AND FEASIBILITY STUDY FOR A
LIMITED CLEANUP OF THE SITE FOR PARK PURPOSES.
CONSIDERABLE COORDINATION WITH ECOLOGY AND A CHANGE IN LEGAL COUNSEL
RESULTED 1N AN "AGREED ORDER" AS THE LEGAL FORM OF BINDING AGREEMENT. THIS
PROVIDED MORE FLEXIBILITY FOR THE CITY,
THE FINAL DOCUMENT DEVELOPED BY FAA IS THE REMEDIAL ACTION PLAN THAT
SERVES AS A BASIS OF DESIGN REPORT FOR THE PROJECT.
THE AGREED ORDER IS READY TO SUBMIT TO ECOLOGY ALONG WITH AN UPDATED
GRANT APPLICATION
THE BREM AIR PROPERTY HAS BEEN DEEDED TO THE CITY
THE PUGET SOUND ENERGY PROPERTY IS IN THE PROCESS OF BEING DEEDED TO THE
CITY
CONDEMNATION OF THE LOFTHUS PROPERTY HAS COMMENCED: HOWEVER.
NEGOTIATIONS FOR ACQUISITION IS CONTINUING.
A CONSULTANT CONTRACT AMENDMENT AND BUDGET ADJUSTMENT WAS AUTHORIZED
FOR 199g; HOWEVER, A BUDGET FOR 1999 WAS DELAYED UNTIL THE REMAINING COSTS
FOR THE AGREED ORDER PROCESS COULD BE DETERMINED, TI-IE BUDGET ADJUSTMENT
INCLUDED IN TI-IlS AGENDA ri'EM IS NEEDED FOR 1999 COSTS TO COMPLETE THE AGREED
ORDER PROCESS AND BE ELIGIBLE FOR THE ECOLOGY GRANT TO MOVE FORWARD WITH
THE PARK DEVELOPMENT.
CITY OF BREMERTON
BID TABULATION
BID TITLE: EVERGREEN PARK PHASE I OPENED BY: GIL JOHNSON
DATE OPENED:2/2$/99 TIME OPENED:2:00 P.M. RECORDED BY:
BIDDER ,I REC. IBASEBID .qASEBD BIDWTAX 1 , -SNOTAX *BASE SALESTAX
NorthernCo~.Agg [] 462,4.52.,~:O 37,458.65 44~9,91,1. t 5 ! 25, gCO. 0C 18,900.0E 11,EOD. 0E 11,500.0~ 2, .500.0~ 170,3OO.00 632,752.5(; 684,(305.45
Olsens Land [] 393,36900 3t ,86300 425,231.89 110,629.0C 24,203 0C 18,357.00 15,365.0E 2,~O2.0E 170,9E~5.00 564,325.0(; 610,a35,33
Fox tsland [] 415,160.00 33,212.00 448,787,96 75,000.00 24,9C0.0C 16,7C00C 16,700OC 4,500.0C 137,8OO00 552,g60.OC 597,749.76
Go!f Landscaping [] 459,C00.001 20,000.~D 496,17.9.00 164,CC0.00 30.(300.OC 22,000.0C 22,000.0C 3,800.0~ 241,8OO00 700,800 OC 757,564.80
BucldeyNurseq, [] 301,15,3.00 24,3~G.39 325,54639 1C5,322.52 19,771.9C 14, g35.1E 14,g35 1E 15,525.OC 170,489.72 471,642.72 509,84578
Precision Earthwork [] ,368,60000! 31,700.00 396,456.60 149,600.00 31,7OO.0C 25,700.(7; "25,700.0~ 5,500.(7: 238,200.00 606,800,0C 655,g~O.80
Fardig Development [] 416,770.0(; 35,842.22 450,528.37 1C~,000.00 18,000.0(; 14,(;CO.0C 14,DCO.0C 6,000.CC 157,(300.00 573,770.C0 620,245.37
DeI.Jen [] 342,000.0C 27,(~O0.(~0 369,702.00 gg,500.00 9,200.00 ' 7,100.0C 6.900.00 6.250.06 128,95000, 470,G50.~0 5~,C~6.G5
Summary TOTAL BID COMMENTS
APPARENT LOW BIDDER Del Jen $509,096.95.. ENGINEER ESTIMATE (If~cl. sales Tax).$584,000.00
SECOND LOW BIDDER Buc~!ey Nusery $509,845.78
THIRD LOW BIDDER FOX Islar)d $597,749.76
Exhibit
EVERGREEN PARK PHASE ONE RENOVATION
SOURCES & USES OF FUNDS
SOURCES OF FUNDS
SOURCES: Fund: Roosevelt Capital Assets 622 · . $603,000 00
Total Sources ............................................................... $603,000.00
USES OF FUNDS
DESIGN: Hough Beck & Baird Landscape Architect ............................ $13.000.00
CONSTRUCTION: Contractor: Del -Jen. Inc. Silverdate, WA
Lump Sum-Base Bid $342,000.00
Alternate No. 1, New Restroom $ 99,500.00
Alternate No. 2. Picnic Shelter $ 9,200.00
Alternate No. 3, Picnic Shelter $ 7,100.00
Alternate No. 4, Picnic Shelter $ 6,900.00
Alternate No. 5, Demo 0E) Restroom $ 6,250.00
W.S.S.T. ~ 8.1% $ 38,146.95
Total Construction Contract ...................................................................................... $509.096.95
ANCILLARY BUDGET/EXPENSE
Description Budget
Print Plans & Specs. $950.00
Sales, Plans & Specs. <$575.00>
Advertisement $700.00
Material Testing $650.00
Utility, Connections $900.00
Survey $10,000.00
Project Management $32,375.00
Total Ancillary Budget/Expense ................................................................................. $45.000.00
CONTINGENCY: ...................................................................................................... $35,903.05
TOTAL SOURCES & USES .............................................. $603.000.00
Feb-25-gg 12:55P Del- ,n, Inc. NWJOC 36(' 30B 0297 P.01
FAX TRANSMITTAL
I DEL-JEN, INC.
11875 SILVERDALE WAY NW, SUITE 201, SILVERE~,LE, WA 98383-9416 · (360) 308 9622 - FAX (360) 308-0297
TO: ~_...... FROM~
Dan Miller Paula McAvoy
COMPANY: DATE:
City of Bremerron February 25, 1999
FAX NUMBER: TOTAL NO. OF PACES INCLUDING COVER:
360-4.78-5018 .~
PHONE N'LIMfiE~
360478-531 g
SUBJECT: DESCRIPTION ~ LOCATION:
References Evergreen Park Phase 1 Renovation
[] URGENT [] FOR REVIEW [] PLEASE COMMENT [] PLEASE REPLY [] PLEASE RECYCLE
NOTE.g/COMMENTS:
Oon:
We are pleased to provide you with the following list of references:
/~ Tina Hanson. Project Manager. Tacoma Housing Authority 253-207-4400
,~. Larry Cote. Project Coordinator. Kitsap County Parks Department 360-337-4595
--?- Wanda Edwards, Contracting Officer. EFA NW. Bremerton Field Office 360-476-8130 x
~J~ Chief Walz. Naval Reserve Center, Tacoma 253-383-3577 ~/0 ~--~t/~
o,~''- Les Garden. Naval Submarine Base. Bangor 360-396-1582
Please contact me or Al Colo. Deputy Program Manager, if we can provide additional information.
Thank you.
Feb-25-99 12:55P Del- -' ~n. Inc. NWOOC 360 308 0297 P.02
DEL-JEN, INC.
l.i~t of Representative Projects.
NW Naw/Job Order Contract N44255-96-D-O119 for U.S. Dept. of the Navy
21-]an-99
! Dclivepj Oder I x~atioax
[')elivery Narnl' ,d Delivery Order I (.'on~rS:,t A mounm Delivery Oxdcz Porn/of Contact Phom~ Number
Order # , - i ....................
NMcnc TACOMA Chitq
0'J'] 2 RENOVATION OF BLDG 55 AT NMCRC 1,994,841.00
('.ONS~FRUCT A CARGO HANI)LING BLDG/LECTURE 1,830,501.25 ' .Chief Wal? 253-383-3577
0]40 HALL AT NAVY & MARINE CfDRI~ RESERVE CENTER wa
O181 CJPGRADI-] 'fl-lE ELECTRICAL SYSTEM IN HANGAR 6 467,324.00 NAS WH, IDBi'iY iErmibm Jt'ff Milk'r 360-Z57-6503
REPAIR & RELINE TANK I.[N[NC; FOR TANKS #225 & i .360-257 6503
0187 nZX6 100,81 8.53 N^v ~w~q,. nrP_~ En~in Id[ Miller ,. -
[~g BRE~R.rON.1 . i
0LR)5 'DD6 REPI.ACE bTAIIL~ 1/3 & #6 ~,~21,0~6.0D wA [mrs. Wands Edwards i360-476-8'130 X 22.5
0008 !EAST PARK GAS LINE 38.5,264.00 mn.~ jMrs Wands Edwards i,'%0-476-8130 X 225
0075 . REMODEL BLDG 290, 2ND FI.OOa 1,065,836.00 vs~s n~re~ro.~. Mr, Wands Edwards 360-476-8130 X 225
WA
ELECT R1 CA L/M ECH AN I CAL CONNECTIONS TO
0135 WATER CHILI.EliS AND PUM'P UNITS, BLDG 514, 72,844_46 ~CEVVOR~. wa Mr. Ttsm H¢lgeson ]360-396-5889
NUWC
!ADD AND RENOVATION OF DENTAL CLINIC ~0
IX)O~ SUBA.qE BANGOR AND RENOVATION OF DENTAL 1,074,868.88 SO~^S£1~^NGOR IMf Les Garden 360-396-1582
CI.INIC is0 WHIDBEY IS
0108 AT' INSTALLNAv HOSp,MEN"q/WOMEN'~3BREMERToNR 'ESTROOMS IN BLDG HP 72,211.25 [ N^v nose. Bs~l :iJsckie Korchak 360-396-0234
Feb-25-99 12:55P Del- 'n. Inc. NWJO£ 36C 308 0297 P.03
Del-Jen, Inc. Phone: 360-308-9622
Northwest Regional Office (Construction Group) Fax: 36Cl-308-0297
11875 $ilverdale, Way NW, Suite 201
Silverdale, WA 98383-9416
ProRram Manager: Stan G_ Uhlig
The Northwest Regional Office (Construction Group) specializes in all phases of
General Construction and Construction Management_
Corporate office: Dc[-Jen, Inc.
28441 1 ligliridge Rd., Suite 401
Rolling Hills .Estates. CA 90:~74-4872
Web Site Address: www.del-len.eom
Del-Jen, Inc. is a national company with offices located throughout the United States
Business since: 1997 22 Years
Incorporat~l since: -1977 22 Years in the State of California
Del-Jen, Inc. is a national company with offices located through out the United Jtat~s
Dun & Bradstrect #: 039-703053 IRB Rating
Contracting License ga: SVate of Washington RegrStration DELJEI'054C1
State of Washington UBI # 600 400 196
Federal ID # 95-3242718
Federal Cage Code OBDD4
Liability Insurance: Zurich Ins. Co.
J & H Marsh & McLennan, Ins Broker
777 South Figuerna St_
Los Angeles, CA 90017
POC: JcffLang Phone: 213-624-5355
Bonding Agent: Jack Sutton Phone: 253-759-2200
Bradtrud Middleton
P.O. Box 11205
Tacoma, WA 98~ 11
Bo,~ding Co: Reliance Insurance Co of Seattle, WA
3850 Columbia Center
701 5~ Avenue
Seattle, WA 98104
Banking Information: Imperial Bank, California Contact: Richard Yates
Account #s: varied Phone (310)417-5834
Projects m Dispute: None
Corporate President: John Delane
Officers: Vice President~: Robert Booth, Executive Vice President/Assistant Secretary
Mary Helen Delane, Executive Vice President/Administrahon
Rex W. Shaver, Executive Vice President/Construction Group
Kent N. Smith, Executive Vice President/Services Group
John N. Acquilano, Vice President, Job Corps Group
Tom A. Johnson, Vice President. Finance
Secretary: Edward Delane, Chairman/Secretary
Robert Booth. Assistant Secretary
Treasurer: John Delane, President/Treasurer
AGENDA BILL
BREMERTON CITY COUNCI]L
1. SUBJECT: FOR AGENDA OF: March 17, 1999
BUDGET ADJUSTMENT - EVERGREEN PARK ORIGINATING DEPT: Public Works & Utilities
REMEDIATION PROJECT ORIGINATOR: Gene Sampley, Director
DATE SLIB:MITTED: February 25, 1999
_. CLEARANCES: (comment on back i~tL-~'7 0. EXt:[IB ITS
Director, Public Works/Utilities _[/~- ~ Exhibit "A" - Summary of Contract .~mendments
Director, Parks & Recreation ,~.-~ ~ and Budget Adjustments
Director, Administrative Services -"~.qNq.,,~_t"_O~..,~ Exhibit "B" - Budget Adjustment Request No. 99-4
City Attorney ,;
City Treasurer '--J~- .; -,-.-~ _-~= ,./_. ~ =__ . _
Council Budget & Finance Committee -"~ , . . . .×
Council Operations Committee ~-~ ?~-~'2~,~-~-r~fi/
ENDORSEMENT. ?<' INFOIhMATION . APPROVED BY COUNCIL PRESIDENW/-FOR~z~ TTAL:
mYOR ,-' cOUNCrL PRESrDENT...,? .
4. SU~I2MARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Professional Services Agreement entered into by the City of Bremerton and Exponent (formerly Failure
Analysis Associates) on November 20, 1995, for the remediation of properties to be included in the development
of Evergreen Park, has been amended four times for a total contract amount of$439,87~.
(Continued on page 2)
8. RECOMMENDATION:
That City Council approves attached Budget Adjustment Request No. 99 - 4 to 1999 Real Estate Excise Tax Fund in
the amount ors 165,000 to provide for completion of the contracted scope of work and ancillary.' expenses.
9. RESPONSIBLE OFFICIAL: PW & Utilities Director
ENFORCEN[ENT OFFICIAL: PW & Utilities Director
EXPIILATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED
COUNCIL DIRECTIVE D&TE:
&q
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (Continuation):
A summary of contract amendments and budget adjustments is included as Exhibit "A".
The attached budget adjustment (Exhibit "B") in the amount of $165,000 is required to cover completion
of the scope of work and ancillary expenses.
5. IMPACT ON NON-PASSAGE:
Work on the project will cease.
6. IMPACT ON STAFFING. BUDGETS, FACiLITIES, EQUIPMENT OR OTHER RESOURCES:
Staffing: There is no impact on staffing.
Budget: As indicated in Exhibit "B".
7. RESEARCH SOURCES
AGENDABL
EXPANSION OF EVERGREEN PARK WAS ENVISIONED IN THE 1994 EVERGREEN PARK PLAN.
THE PROPERTIES INCLUDED BREM AIK LOFTHUS, AND PUGET POWER (NOW PUGET
SOUND ENERGY), A TOTAL OF APPROXIMATELY 4.5 ACRES SURROUNDING SMITH COVE.
IN 1995 ENTERED INTO AN AGREEMENT WITH FAILURE ANALYSIS ASSOCIATES (FAA) TO
PREPARE BACKGROUND STUDY OF PROPERTIES WITHIN THE PARK EXPANSION
BOUNDARIES AND PREPARE A SITE ASSESSMENT OF CONTAMINATION.
NEGOTIATIONS WITH BREM AIR INDICATED A WILLINGNESS TO TRADE PROPERTY FOR
COST OF CLEANUP. THE LOFTHUS AND PUGET POWER PROPERTIES WERE EVALUATED ON
THE SAME BASIS.
INITIAL CONTACT WITH ECOLOGY INDICATED THEY WOULD SUPPORT A LIMITED
CLEANUP APPROACH FOR THIS PROJECT. THE EARLY APPROACH WAS TO ENTER INTO A
CONSENT DECREE WITH ECOLOGY.
ECOLOGY ALSO GAVE EARLY VERBAL SUPPORT FOR A 50% MATCHING GRANT FOR THIS
REMEDIATION PROJECT. A GRANT APPLICATION WAS SUBMITTED AND THE GRANT
ADMINISTRATOR INDICATED THE GRANT WOULD BE AWARDED SUBJECT TO ENTERING
INTO A CONSENT DECREE OR EQUIVALENT AGREEMENT
FAA PREPARED A SAMPLING AND ANALYSIS PLAN APPROVED BY ECOLOGY. BASED ON
INITIAL SAMPLING RESULTS, ADDITIONAL SAMPLING WAS REQUIRED.
FAA PREPARED A FOCUSED REMEDIAL INVESTIGATION AND FEASIBILITY STUDY FOR A
LIMITED CLEANUP OF THE SITE FOR PARK PURPOSES.
CONSIDERABLE COORDINATION WITH ECOLOGY AND A CHANGE IN LEGAL COUNSEL
RESULTED IN AN "AGREED ORDER" AS THE LEGAL FORM OF BINDING AGREEMENT. THIS
PROVIDED MORE FLEXIBILITY FOR THE CITY.
THE FINAL DOCUMENT DEVELOPED BY FAA IS THE REMEDIAL ACTION PLAN THAT
SERVES AS A BASIS OF DESIGN REPORT FOR THE PROJECT.
TI-IE AGREED ORDER IS READY TO SUBMIT TO ECOLOGY ALONG WITH AN UPDATED
GRANT APPLICATION.
THE BREM AIR PROPERTY HAS BEEN DEEDED TO THE CITY
THE PUGET SOUND ENERGY PROPERTY IS IN THE PROCESS OF BEING DEEDED TO THE
CITY
CONDEMNATION OF THE LOFTHUS PROPERTY HAS COMMENCED; HOWEVER,
NEGOTIATIONS FOR ACQUISITION IS CONTINUING.
A CONSULTANT CONTRACT AMENDMENT AND BUDGET ADJUSTMENT WAS AUTHORIZED
FOR 1998; HOWEVER, A BUDGET FOR 1999 WAS DELAYED UNTIL THE REMAINING COSTS
FOR THE AGREED ORDER PROCESS COULD BE DETERMINED. THE BUDGET ADJUSTMENT
INCLUDED IN THIS AGENDA ITEM IS NEEDED FOR 1999 COSTS TO COMPLETE THE AGREED
ORDER PROCESS AND BE ELIGIBLE FOR THE ECOLOGY GRANT TO MOVE FORWARD WITH
THE PARK DEVELOPMENT.
EXHIBIT "A"
EVERGREEN PARK REMEDIATION PROJECT
SUMMARY OF CONTRACT ADMENDMENTS AND BUDGET ADJUSTMENTS
As of February 25, 1999
Description Date Number
Original Prof Services Agreement 10/18/95 to 12/31/96 Original
Contract Amendments:
Scope of Services amended No time change No. 1
and total fees increased by
$33,616.00 to maximum of
$272,647.00.
Extension of duration of Extended to
contract December 31, 1997 No. 2
Additional scope with Extended to No. 3
corresponding budget changes December 31, 1998
thereby increasing project
budget to $319,959.00;
also extends contract time
Scope of Services amended Extended to No. 4
with corresponding budget December 31, 1999
changes thereby increasing
project budget to $439,871;
also extends contract time.
Budget Adjustments:
Adjust Real Estate Excise No time change No. 1 (97-19)
Tax Fund 109 by $150,000 Date of adjustment -
for 1997 Budget of project July 16, 1997
Adjust Real Estate Excise No time change No. 2 (98-11)
Tax Fund 109 by $48,500 Date of adjustment-
for Budget of project for May 13, 1998
total 1998 Budget of $95,813
Adjust Real Estate Excise No time change No. 3 (98-36)
Tax Fund 109 by $45,000 Date of adjustment -
for budget of project November 30, 1998
FILENAME:
Amendments and Adjustments Summary
Page I of 1
CITY OF BREMERTON
Exhibit B
BUDGET ADJUSTMENT REQUEST
Requesting Department: REAL ESTATE EXCISE TAX Adjustment Number: 99-4
Approval Authority Required:
[-'~Treasurer ~--]Mayor F Fiscal & Budget ~'~Council
SOURCE OF FUNDS: USE OF FUNDS:
Description Amount Descri.~tion Amount
Reduce: Increase:
Ending Cash 165,000 Evergreen Park Remediation 165,000
(Remaining Budgeted Ending Cash = $361,758)
NARRATIVE:
This adjustment will provide for the completion of the scope of work in the present contract with Exponent
(Failure Analysis) and the ancillary expenses necessary to obtain an Agree Order from the DOE for the property
along the South shore of Smith Cove.
Department Head Signature Date Director Signature Date
Treasurer Comments:
Treasurer's Signature ~ D~te
Mayor Comments:
~ Recommended ~ Not Recommended
Approved Denied ---"~..,~'-,~,~ ,_.~ ~ /.~,~ ,,~,.~ : . - ,/
Ma(/or's Signature Date
Fiscal & Budget Committee Comments:
~~~App~oved ~-~ Denied~.'Fiscal ~
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: March 17, 1999
Labor Agreement By and Between ORIGINATING DEPT: Human Resources
the City of Bremerton and the ORIGINATOR: Jim Meith,
IAFF Local Union No. 437 Human Resources Manager
DATE SUBMITTED: March 11, 1999
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: Labor Agreement
Glenna Malanca, City Attorney
Rich Hanna, City Treasurer
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the International
Association of Fire Fighters Local 437 resulting in the attached Labor Agreement. These negotiations have been
discussed with Council in executive session. This Labor Agreement replaces the current one, xvhich expired
December 31, 1998. The new Labor Agreement's term is January 1, 1999 through December 31, 2001. It has been
ratified by the Union's membership. Council approval is required to implement the new agreement.
8. RECOMMENDATION:
Approve the Labor Agreement By and Between the City of Bremerton and the International Association of Fire
Fighters Local 437 January 1, 1999 through December 31, 2001 and make the necessary change in the 1999/2000
Budget Book.
9. RESPONSIBLE OFFICIAL: Jim Meith
ENFORCEMENT OFFICIAL: Jim Meith
EXPIRATION DATE: 12/31/01
REVIEW DATE: 8/01/01
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: ~
COUNCIL DIRECTIVE:
qq 0qq
11. AGENDA BILL NO.:
(OVF~}~)
5. IMPACT OF NON-PASSAGE:
Non-passage could result in continued negotiations, a declaration of impasse, and arbitration.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
The maximum cost of implementation is estimated at $125,831 (One Hundred Twenty-Five Thousand Eight
Hundred and Thirty-One Dollars). Adequate funds will be made available in the 1999/2000 budget.
7. RESEARCH SOURCES:
AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
OF
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437
JANUARY 1, 1999 THROUGH DECEMBER 31, 2001
TABLE OF CONTENTS
TO THE
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437
JANUARY 1, 1999 THROUGH DECEMBER 31, 2001
PREAMBLE ........................................................................
ARTICLE 1 NON-DISCRIMINATION ............................................ 3
ARTICLE 2 RECOGNITION ................................................... 3
ARTICLE 3 UNION DUES ..................................................... 4
ARTICLE 4 UNION ACCESS .................................................. 4
ARTICLE 5 WAGES ......................................................... 5
ARTICLE 6 HOURS OF WORK ................................................ 6
ARTICLE 7 OVERTIME ....................................................... 8
ARTICLE 8 VACATION LEAVE ................................................ 10
ARTICLE 9 HOLIDAYS ...................................................... 12
ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITY ........................... 13
ARTICLE 11 OTHER LEAVE .................................................. 16
ARTICLE 12 RETIREMENT BENEFITS .......................................... 17
ARTICLE 13 INSURANCE BENEFITS ........................................... 17
ARTICLE 14 CLOTHING AND UNIFORM CLEANING ALLOWANCE ................... 18
ARTICLE 15 PERSONNEL PRACTICES ......................................... 18
ARTICLE 16 GRIEVANCE PROCEDURE ........................................ 21
ARTICLE 17 SEVERABILITY .................................................. 23
ARTICLE 18 ENTIRE AGREEMENT ............................................. 23
ARTtCLE 19 CONFLICTING PROVISIONS ....................................... 23
ARTICLE 20 DRUG FREE WORKPLACE ........................................ 24
ARTICLE 21 DEFERRED COMPENSATION ...................................... 28
ARTICLE 22 LABOR MANAGEMENT COMMITTEE ................................ 28
ARTICLE 23 TEMPORARY FIREFIGHTER PROGRAM ............................. 29
ARTICLE 24 PHYSICAL FITNESS PROGRAM .................................... 29
ARTICLE 25 TOBACCO FREE WORK PLACE .................................... 29
ARTICLE 26 DISCIPLINARY ACTION ........................................... 29
ARTICLE 27 TERM .......................................................... 29
APPENDIX A ...................................................................... 31
COLLECTIVE BARGAINING AGREEMENT PAGE 2
CITY OF BREMERTON I IAFF LOCAL 437
MARCH 3, 1999
LABOR AGREEMENT BY AND BETVVEEN
THE
CITY OF BREMERTON
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437
JANUARY 1, 1999 THROUGH DECEMBER 31,2001
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 Intemational Association of Fire Fighters, Local No. 437, hereinafter known as the
"Union" 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 1 NON-DISCRIMINATION
1.1 NON-DISCRIMINATORY APPLICATION: The provisions of this Agreement shall be applied equally
to all employees in the bargaining unit without discrimination as to age, sex, marital status, race,
color, creed, religion, national odgin, political affiliation; or mental, physical or sensory handicap,
unless based upon a bona fide occupational qualification.
1.2 DISCRIMINATION ALLEGATIONS: An employee who believes that he or she has been the subject
of unlawful discrimination prohibited in Section 1.1 above 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.
1.3 NON-DISCRIMINATION -- UNION ACTIVITY: The provisions of this Agreement shall be applied
equally to alt employees in the bargaining unit without discrimination as to Union affiliation or
activity or lack thereof. The City and the Union shall each be responsible for complying with this
provision. An employee who believes that he or she has been subject to discriminatory
treatment prohibited by this provision may process such an allegation through the Grievance
Procedure of this Agreement.
ARTICLE 2 RECOGNITION
2.1 The City recognizes the Union as the sole and exclusive bargaining representative for the
purpose of negotiations concerning wages, hours and working conditions for all employees in
classifications set forth in Appendix A and such classifications as may be added to the
bargaining unit during the term of this Agreement.
COLLECTIVE BARGAINING AGREEMENT PAGE 3
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
ARTICLE 3 UNION DUES
3.1 DUES DEDUCTIONS: The City will deduct monthly Union 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 Union.
3.2 DURATION OF AUTHORIZATION: Written employee authorizations will remain in effect during the
term of this Agreement unless an employee revokes authorization by providing written notice
to the City. The City will notify the Union of all revoked authorizations received by the City.
3.3 EQUIVALENT DUES PAYMENT: An employee who revokes his or her written authorization to
deduct dues or who refuses to join the Union shall contribute an amount equivalent to regular
Union dues and initiation fees to a non-religious charity or to a religious organization mutually
agreed to by the Union and the employee. The employee shall provide written evidence to the
Union that such contributions have been made.
3.4 iNDEMNIFICATION: The Union shall indemnify and hold the City harmless from any and all liability
resulting from the administration of this Article.
ARTICLE 4 UNION ACCESS
4.1 CONDUCT OF UNION BUSINESS: Union business, such as handling grievances and other
legitimate routine matters, may be conducted on Fire Department premises, provided that such
business does not interfere with Fire Department operations and is authorized by the Fire Chief.
Scheduled Union meetings may be held in Fire Department facilities provided that such
meetings do not interfere with Fire Department emergency operations.
4.2 UNION REPRESENTATIVES: The Union shall provide written notice to the City of the names of the
officials authorized to represent the Union 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 Union business, provided that such access
does not interfere with the work and duties of Union employee representatives or of other on-
duty employees.
4.3 UNION REPRESENTATIVES RELEASE TIME: The fire chief or designee shall grant the three primary
officers time off with pay not to exceed 72 hours each, annually for the following meetings and
conferences:
WSCFF Legislative
WSCFF Spring Education Seminar
WSCFF Annual Convention
IAFF Bi-annual Conference (President only)
4.4 UNION BULLETIN BOARDS: The City will permit the Union to place one (1) bulletin board for Union
use at a designated location at each fire station. No materials shall be posted except notices
of meetings and elections, results of elections, changes in Union bylaws, notices of employee
COLLECTIVE BARGAINING AGREEMENT PAGE 4
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
social occasions and similar Union notices, letters, and memoranda. The City shall provide a
designated, mutually agreeable accessible and convenient location for installation of bulletin
boards at each fire station. The Union will purchase uniform, jointly specified bulletin boards for
each station. The bulletin boards will be for the exclusive use of the union. Only those items
specifically approved by the union will be posted
ARTICLE 5 WAGES
5.1 Wages shall be as stated in Appendix A, which reflects an increase of 3.25% over 1998 wages.
Advancement through the wage rates from the First Step through the Final Step 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, provided, the City may withhold a step
increase for work performance that does not "meet expectations". A step increase can be
withheld for a maximum of six months, during which time the employee will receive monthly
evaluations. The denial of a step increase is subject to the grievance procedure. In the event
an employee is on approved leave of absence without pay, the employee's next wage step
advancement date will be extended by the actual number of days the employee was absent on
such leave.
5.1.1 A new employee's wage rate shall be set at the first year step except that a new employee who
has pdor paid work experience as a full time Firefighter or Firefighter/Paramedic in a fire service
which operates a full time emergency fire/medical response service using paid employees, may
have his or her wage rate set at the second year or third year step based upon relevant years
and type of prior experience. Placement at second or third year steps shall be determined by
a review committee consisting of two (2) chief officers and one (1) Union representative.
5.1.1.1 A Fire Fighter Paramedic with no experience shall be set at the first year step. A Fire Fighter
Paramedic with one (1) year minimum paid fire experience shall be set at second year step, with
their 3rd year step in six (6) months at the discretion of the Fire Chief.
5.1.1.2 A Firefighter/EMT with no experience shall be set at the first year step. A Fire Fighter/EMT with
one (1) year paid experience shall be set at second year step, with 3rd step in six months at the
discretion of the Fire Chief.
5.1.1.3 Any variation from the above will be subject to the review committee per the Labor Agreement
Article 5.1.1.
5.1.2 FIRE PREVENTION: An employee who is assigned to perform fire prevention work shall be
compensated at the Firefighter/Fire Prevention base wage rate prescribed in Appendix A for the
duration of the assignment.
5.1o3 EQUIPMENT OR SELF-CONTAINED BREATHING APPARATUS (SCBA) MAINTENANCE: An employee
who is assigned to perform either equipment maintenance work or SCBA maintenance work
shall be compensated at the Firefighter/Equipment Maintenance base wage rate prescribed in
Appendix A for the duration of the assignment.
COLLECTIVE BARGAINING AGREEMENT PAGE 5
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
5.2 ACTING OFFICERS: An employee who serves as an Acting Officer for a twenty-four (24) hour shift
or the majority thereof shall be compensated as per section 5.2.1 In order to be eligible for
serving as an Acting Officer, an employee must be listed on the City's current appropriate
eligible register and must volunteer for the assignment. The use of Acting Officers will not be
used as a permanent altemative for hiring a full complement of officers. At least one officer on
duty must be regularly appointed to the position. In the event that two (2) acting Lieutenants
are on duty with a regular Lieutenant, the regularly appointed Lieutenant shall be assigned to
Station 1. In the event that there is not a current register, the previous register will be used to
determine eligibility. Under no circumstances will an expired register be used for promotions
5.2.1 Acting Officers Compensation:
0 through 1 hour No Compensation
After I through 4 hours 1 hour of overtime
After 4 through 12 hours 2 hours of overtime
After 12 through 24 hours 2.5 Hours of overtime
5.3 In the event an employee is assigned to the Washington State Fire Service Training Center to
be an instructor, the following provisions shall apply for the term of the assignment:
5.3.1 The employee who is at the rank of Firefighter, Firefighter/Maintenance and/or
FirefightedParamedic, shall have their compensation increased to Lieutenant.
5.3.2 If the employee is at the rank of Lieutenant, shall have their compensation increased to Captain.
5.3.3 If the employee is at the rank of Captain, Captain Medical Officer and/or Captain Fire Marshal,
their compensation shall not be increased.
5.4 Effective January 1 2000, the wage rates set forth in Appendix A shall be adjusted by 90% of
the Seattle Tacoma Bremerton CPI-W June 1998 - June 1999 Index with a minimum
adjustment of 3% and a maximum adjustment of 6%. Should the CPI increase beyond 8% or
decrease below 1%, then either party may open wages for renegotiations.
5.5 Effective January 1 2001, the wage rates set forth in Appendix A shall be adjusted by 90% of
the Seattle Tacoma Bremerton CPI-W June 1999 - June 2000 Index with a minimum
adjustment of 3% and a maximum adjustment of 6%. Should the CPI increase beyond 8% or
decrease below 1%, then either party may open wages for renegotiations.
5.6 Effective 1-1-00 a sixth step will be added to Appendix "A" for Fire Fighter/Paramedic. To be
eligible for this step the employee must have completed ten years continuous service as a Fire
Fighter/Paramedic with the City. The sixth step will be two and one half percent (2.5%) above
the fifth step.
5.7 Employees hired after the effective date of this agreement, will utilize Automatic deposit of their
paychecks.
COLLECTIVE BARGAINING AGREEMENT PAGE 6
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
ARTICLE 6 HOURS OF WORK
6.1 NORMAL HOURS OF WORK: The normal hours of work for shift personnel shall be an average of
50.65 hours per week.
6.2 The normal hours of work for non-shift personnel shall be 40 hours per week.
6.3 SHIFT WORK SCHEDULES: On or about January 1, shift personnel shall be assigned to one of
three shifts: A B or C. A shift assignment for an employee shall be worked as one (1) day on
duty followed by two (2) days off duty and continuing in that pattern for a period of nine (9)
consecutive on-duty shifts; provided this shall not apply to shift transfers. The next immediately
scheduled shift shall be an off-duty Kelly day (10th scheduled shift). Shift hours begin at 0800
hours and conclude at 0800 hours each day. Non-shift personnel shall normally De scheduled
to work Monday through Friday during such hours as are assigned by the Fire Chief.
6.4 BEGINNING OF YEAR TRANSFERS: The Fire Chief may transfer as many employees as the Chief
deems appropriate from one shift or non-shift assignment to another at the beginning of each
calendar year. The Chief shall provide fifteen (15) days notice of all such transfers.
6.4.1 MID-YEAR TRANSFERS: During the calendar year, the Fire Chief may transfer each non°
probationary employee once from one shift or non-shift assignment to another as a permanent
assignment or may transfer each non-probationary employee once on a temporary basis to
another shift or non-shift assignment and subsequently return the employee to his or her
original assignment. The Fire Chief shall provide reasonable prior notice to a transferred
employee, provided that emergency transfers shall be accomplished with such prior notice as
is feasible under the circumstances. An unlimited number of mid-year transfers of non-
probationary employees which are mutually agreed-to in writing between the Fire Chief and the
employee are permitted. The Fire Chief may transfer each probationary employee an unlimited
number of times from one shift or non-shift assignment to another during the period of
probation.
6.5 SHIFT AND/OR KELLY DAY EXCHANGES: An employee who has completed six (6) full months of
employment with the Department may exchange full or partial shifts or full Kelly Days with
another employee of the same permanent rank when:
6.5.1 the change does not interfere with the duties and responsibilities of the employees in their
positions, and
6.5.2 provided that the immediate supervisors of such employees find that no such interference will
occur as the result of a mutually agreeable exchange.
6.5.3 Shift and/or Kelly Day exchanges in excess of twelve (12) per calendar year require the prior
approval of the Fire Chief or designee. The Fire Chief may overrule the findings of immediate
supervisors in the event that the Department's service or training needs require specific
employees to be on duty dudng their assigned shifts. Full Kelly Day exchanges may be granted
to employees of unequal permanent rank who have obtained the prior approval of the Fire Chief
or the Chief's designee. Shift exchanges shall be considered as substitutions under FLSA 29
COLLECTIVE BARGAINING AGREEMENT PAGE 7
CITY OF OREMERTON / IAFF LOCAL 437
MARCH 3, 1999
.51
U.S.C. 207 (p), and the City shall have no obligation to keep records of such exchanges nor to
revise hours of work to reflect the substitutions.
6.5.4 In the event an employee is unable to work a shift exchange for any reason (i.e., sick leave,
emergency leave, bereavement leave, jury duty, witness and military duty leave), the
employee shall be responsible to "pay back" the time within ninety (90) days.
ARTICLE 7 OVERTIME
7.1 OVERTIME DEFINED: Overtime is all required and authorized work performed in excess of an
employee's normal work schedule. Overtime includes required training, instruction,
equipmentJSCBA repair, callback and other such work which is required and authorized by the
City and is performed during an employee's normally scheduled off-duty time.
7.2 OVERTIME COMPENSATION: Overtime work shall be compensated at the rate of one-and-one-half
(12) times an employee's hourly rate in cash or in compensatory time. The form of overtime
compensation shall be at the election of the employee unless otherwise expressly provided by
the terms of this Article.
7.3 HOURLY RATE DEFINED - SHIFT: A shift employee's hourly rate shall be computed as follows:
Semi-monthly wage rate multiplied by twenty-four (24) pay periods. The result shall be divided
by the result of fifty-two (52) weeks multiplied by the annual average hours per week for shift
employees.
7.4 HOURLY RATE DEFINED - NON SHIFT: A non-shift employee's hourly rate shall be computed as
follows: Semi-monthly wage rate multiplied by twenty-four (24) pay periods. The result shall be
divided by the result of fifty-two (52) weeks multiplied by forty (40) average hours per week for
non-shift employees.
7.5 CALL BACK OVERTIME: In the event an employee who has left the workplace is called back to
duty for a period of time which is less than two (2) hours, the employee shall receive a minimum
of two (2) hours of overtime compensation. After contact, if the employee is unable to report
to work within sixty (60) minutes their position on the callback list shall be passed over without
being charged an overtime opportunity.
7.5.1 In the event an employee is held over after the expiration of his or her normal duty shift, the
employee shall be compensated at the overtime rate for time held over.
7.6 COURT AND/OR SUBPOENAED APPEARANCES: An employee who appears in Court in a case which
involves the City, or 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 appearances.
7.7 ON CALL FIRE INSPECTOR/DUTY CHIEF: An employee who is assigned to serve as Fire
InspectodDuty Chief On Call shall receive eight (8) hours of compensatory time at time-and-
one-half for each seven (7) day period so served. Such compensatory time shall be taken
within one (1) month of the end of the pay period in which it was earned. In the event that an
COLLECTIVE BARGAINING AGREEMENT PAGE 8
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
On Call Fire InspectodDuty Chief is called out, the employee shall receive a minimum of two
(2) hours of overtime pay at time-and-one-half for each call out.
7.8 LIMITATION OF COMPENSATORY TIME: A non-shift employee may accumulate up to two hundred
forty (240) hours, and a shift employee may accumulate up to three hundred fourteen (314)
hours of compensatory time. Compensatory time shall be taken by mutual agreement of the
employee and the Fire Chief. An employee may request the Fire Chief to approve cash
payment for accumulated compensatory time. Upon receipt of such approval, compensatory
time shall be paid out at the employee's hourly rate for each hour of compensatory time
converted to cash.
7.9 SCHEDULE CHANGE BALANCE ADJUSTMENT: In the event an employee's normal hours of work are
permanently changed from a non-shift to a shift schedule, the employee's accrued
compensatory time hours upon the date of change shall be increased as follows: Accrued
Hours X 1.5 = Employee's accrued compensatory time balance. In the event an employee's
normal hours of work are permanently changed from a shift schedule to a non-shift schedule,
the employee's accrued compensatory time hours upon the date of change shall be decreased
as follows: Accrued hours divided by 1.5.
7.10 OVERTIME WORK ASSIGNMENTS: Overtime work will be assigned to employees on the basis of
the Fire Service and Emergency Medical Service needs. Overtime will be offered to employees
by classification or by possession of the special skills required to provide coverage of needed
services. A minimum strength of three (3) officers/acting officers, two (2) Paramedics and six
(6) Firefighters will be used as a guideline in considering overtime assignments.
7.10.1 Callbacks for overtime shall be made from the overtime callback chart. The order of callback
shall begin with the employee who holds the same rank as is needed to maintain minimum on-
duty strength and who has been presented with the least number of opportunities to work
overtime and shall proceed through the callback chart on that basis until an employee holding
the appropriate rank agrees to work. In the event no employee of the same rank is available
to work, the order of callback shall proceed to the employee who has been presented with the
least number of opportunities to work overtime, regardless of rank, and shall proceed through
the callback chart on that basis until an employee agrees to work or is ordered to work in accord
with the provisions of this section. In the event that two or more employees have had an equal
number of opportunities to work overtime, the most senior employee shall be called first.
7.10.2 Upon personally contacting an employee with an offer of overtime work, the contact shall be
noted on the overtime card file which shall be used to maintain records of calls made and
responses received~ An employee who refuses an offer of overtime work shall have his or her
record reflect the fact that an overtime opportunity was presented and refused by the employee.
In the event an employee is presented with an opportunity to work overtime for a partial shift,
each opportunity of fifteen consecutive (15) hours shall be considered an overtime work
opportunity. Upon contacting an employee with an offer of overtime work, the contact shall be
noted on the overtime card file which shall be used to maintain records of calls made and
responses received. An employee who refuses an offer of overtime work shall have his or her
record reflect the fact that an overtime opportunity was presented and refused by the employee.
COLLECTIVE BARGAINING AGREEMENT PAGE 9
CITY OF E~REMERTON / IAFF LOCAL 437
MARCH 3, 1999
7.10.3 Upon receiving an offer of overtime work, an employee may decide to refuse the first offer or
work the overtime. Each acceptance and the second refusal shall be recorded as an
opportunity to work overtime. One (1) pass per twenty four (24) hour period.
7.10.4 An on-duty employee or an employee who refuses an overtime work opportunity which occurs
during: the employee's paid leave cycle, during a shift trade cycle, during a Kelly Day cycle,
Labor Conferences/Negotiations for the Union Executive Board or during an employee's
scheduled education time shall not have the offer recorded as an opportunity refused on his or
her record.
7.10.5 In the event that no employee accepts an offer to work overtime after completing one full
rotation through the overtime chart, the first employee contacted on the second time through
the rotation shall be ordered to work the overtime provided that such an employee is not on a
paid leave cycle, on a shift trade cycle, on a Kelly Day cycle, Labor Conferences/Negotiations
for the Union Executive Board or on an employee's scheduled education time.
7.10.6 Overtime on Christmas day shall not be counted as an overtime opportunity. All other overtime
provisions shall apply.
7.11 EMERGENCY CALL BACK: Notwithstanding the provisions of Section 7.9 above, the Fire Chief or
the Chief's designee may order personnel back to work for the purpose of responding to
emergencies in such numbers and by using such methods as the Chief or the Chief's designee
deems appropriate to the circumstances.
ARTICLE 8 VACATION LEAVE
8.1 VACATION ACCRUAL: Employees shall accrue vacation time with pay for all regular time pursuant
to the following schedule:
Hours Accrued/ Hours Accrued/
Pay Period Pay Period
Full Time Employment (Non-Shift Personnel) ('Shift Personnel~
Date of Hire through 5 years 4.333 hours 6.066 hours
6th year through 10th Yr 5.666 hours 7.933 hours
11th through 15th Yr 7.333 hours 10.266 hours
16th through 20th Yr 8.600 hours 12.040 hours
21 st year and after 8.666 hours 12.133 hours
8.2 VACATION ELIGIBILITY: An employee becomes eligible to take accrued vacation time upon
completion of six (6) months of continuous employment. In the event an employee resigns or
is discharged prior to the completion of six (6) full months of employment, any accrued vacation
sha~l be forfeited. 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 Fire Chief or the
Chief's designee. Non-shift personnel shall schedule vacation leave by mutual agreement of
COLLECTIVE BARGAINING AGREEMENT PAGE 10
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
the employee and the Fire Chief or the Chief's designee. Shift employees shall select their
vacation choices by seniority within shift assignment and through application of the following
rules:
8.3.1 A scheduled vacation shall be taken in a minimum of eight (8) hour blocks. "Same day"
vacation requests shall be taken in a minimum of one (1) hour increments. Full shift shall have
priority on same day vacation.
8.3.2 Each employee may select a vacation consisting of nine (9) connected twenty four (24) hour
shifts plus the employee's regularly scheduled Kelly Day. Two vacation slots and unused Kelly
Days shall be available for pre-selection for each day of the year from which selections can be
made. In order to get an additional Kelly Day scheduled in connection with a vacation period,
an employee must arrange a mutually agreeable shift trade with another employee. Same day
selection of vacation slots will not be available if the shift is at a minimum.
8.3.3 Vacation selections will begin December 1st for the following calendar year, and each on duty
employee will be provided up to one (1) shift to make his or her selections. Any selection not
completed within the allotted time shall constitute a pass. Vacation selections shall continue
through seniority rotation until all employees have selected all shifts they intend to take during
the next calendar year, but in no event later than March 31st. An employee may request
vacation time during the calendar year, providing a vacation slot(s) is available and providing
that the shift is not at a minimum on a same day selection.
8.3.4 In the event a vacation selection which has been made and approved is subsequently canceled
by an employee, the vacation selection so canceled shall be made available for selection to
other employees as soon as feasible and providing that the shift is not at a minimum on a same
day selection. The canceled vacation slot shall be selected by lot one shift at a time.
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 sfollows:
Years of Non-shift Personnel Shift personnel
Continuous Employment Maximum Balance Maximum Balance
0 through Five (5) years 160 hours 210 hours
More than Five (5) years 240 hours 315 hours
8.4.1 In the event an employee has been prohibited from taking sufficient vacation time to reduce his
or her vacation balance to the maximum allowable carryover at the end of a calendar year, the
excess hours shall be paid out in cash at the employee's straight time hourly rate, unless the
Mayor approves an extension of the time period beyond the end of the calendar year during
which the employee must take all vacation hours which exceed the maximum allowable
carryover. An employee who fails to request scheduled vacation time during the year and
whose accrued vacation hours exceed the maximum carryover balance at the end of the
calendar year shall forfeit such excess vacation hours.
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CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
8.5 SCHEDULE CHANGE BALANCE ADJUSTMENT: In the event an employee's normal hours of work are
permanently changed from a non-shift schedule to a shift schedule, the employee's accrued
vacation hours upon the date of change shall be increased as follows: Accrued Hours X 1.5
= Employee's accrued vacation hours balance. In the event an employee's normal hours of
work are permanently changed from a shift schedule to a non-shift schedule, the employee's
vacation hours upon the date of change shall be decreased as follows: Accrued Hours/1.5 =
Employee's Vacation Balance.
8.6 VACATION BUY-BACK: Upon the approval of the Fire Chief, an employee may receive cash
compensation at the employee's straight time hourly rate for any accrued and unused vacation
time.
8.7 VACATION PAY-OUT: Upon the retirement or termination of an employee who has served six (6)
continuous full months of employment or more, or upon the date of an employee's disability
retirement, the accrued vacation hours of such an employee will be paid to the employee in a
cash lump sum payment.
ARTICLE 9 HOLIDAYS
9.1 HOLIDAYS OBSERVED: The following holidays shall be observed by the City:
New Year's Day Labor Day
Martin Luther King's Birthday Veteran's Day
President's Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas
9.1.1 In addition, any other holiday proclaimed by the federal or state government, provided that the
City takes official action to have such holiday also observed by the City.
9.1.2 FLOATING HOLIDAY: Each employee shall be allowed one additional holiday to be observed by
the employee on a day mutually agreeable to the employee and the Fire Chief.
9.1.3 HOLIDAY COMPENSATION FOR NON-SHIFT PERSONNEL: Non-shift personnel shall receive eight (8)
hours of time off with pay for each holiday observed by the City and for a floating holiday of each
employee's choice. If a holiday observed by the City falls on a Saturday, the holiday will be
observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed
on the following Monday.
9.1.4 HOLIDAY COMPENSATION FOR SHIFT PERSONNEL: Shift personnel shall receive 3.666 hours added
to their vacation leave accrual rate per pay period in lieu of all holidays. Accumulation and
taking time off in lieu of holidays shall be accomplished in accordance with vacation leave
provisions, set forth in Article 8. In lieu of extra compensation for working New Years, Memorial
Day, Independence Day, Labor Day, Thanksgiving and Christmas the following will apply: The
City will pay 24 hours of straight time pay: at 4th step Fire Fighter rate in 1999; at ¢ step Fire
Fighter rate in 2000 and 2001; so long as the employee is on the payroll on 10/31 of the year
COLLECTIVE BARGAINING AGREEMENT PAGE 12
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999 ~-~
and has been working in a 24 hour shift position for 6 months during that calendar year. The 24
hours' pay will be included in the 11/7 paycheck each year.
9.1.5 SCHEDULE CHANGE BALANCE ADJUSTMENT: In the event an employee's normal hours of work
are permanently changed from a non-shift schedule to a shift schedule, the employee's accrued
vacation hours upon the date of change shall be increased as follows: Accrued Hours X 1.5
= Employee's accrued vacation hours balance. In the event an employee's normal hours of
work are permanently changed from a shift schedule to a non-shift schedule, the employee's
vacation hours upon the date of change shall be decreased as follows: Accrued Hours/1.5 -
Employee's Vacation Balance.
ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITY
10.1 SICK LEAVE ACCRUAL: Non-shift employees shall accrue sick leave time with pay at the rate of
four (4) hours for each regularly scheduled pay period. Partial pay periods will be pro-rated to
the closest full hour. The annual accrual for shift personnel will be five and one-quarter (5.25)
hours per pay period. Partial pay periods will be pro-rated to the closest full hour.
10.2 Shared Vacation/Compensatory 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
suffedng 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.
10.3 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/compensatory leave donations.
10.4 Criteria for Approval - A request for shared vacation/compensatory 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/compensatory leave donations.
10.5 Conditions of Donation - An employee who desires to donate accrued vacation/compensatory
leave to a donee employee will do so voluntarily. Donations will be made in one hour
increments. The employee who donates vacation/compensatory leave will fill out the form
relinquishing his or her vested right to the donated leave as prescribed by the City and submit
COLLECTIVE BARGAINING AGREEMENT PAGE 13
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
the form to his or her Department Head. Upon approval of his or her Department Head, the
donated vacation/compensatory leave will be transferred to the donee employee's
vacation/compensatory leave balance with the next payroll report. Once so transferred, the
donated vacation/compensatory leave becomes a vested right of the employee to whom it was
donated and will not revert back to the donor employee under any circumstance.
10.6 Use of Donated Leave - An employee who has received donated shared
vacation/compensatory 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
conformance with the provisions of this Article.
10.7 SCHEDULE CHANGE BALANCE ADJUSTMENT: In the event an employee's normal hours of work are
permanently changed from a non-shift schedule to a shift schedule, the employee's accrued
vacation hours upon the date of change shall be increased as follows: Accrued Hours X 1.5
= Employee's accrued vacation hours balance. In the event an employee's normal hours of
work are permanently changed from a shift schedule to a non-shift schedule, the employee's
vacation hours upon the date of change shall be decreased as follows: Accrued Hours/1.5 =
Employee's Vacation Balance.
10.8 MAXIMUM SICK LEAVE ACCRUAL: Non-shift personnel shall be able to accrue sick leave to a
maximum of nine hundred sixty (960) hours. Shift personnel shall be able to accrue sick leave
to a maximum of fourteen hundred forty (1440) hours.
10.9 SICK LEAVE INCENTIVE: Any non-shift employee who has more than five (5) years of continuous
full time paid employment with the City and who takes thirty-two (32) hours or less of sick leave
in the calendar year following the fifth year of employment and any subsequent calendar year,
shall have eight (8) hours added to his or her vacation leave balance at the beginning of the
following calendar year. A shift employee who has more than five (5) years of continuous full
time paid employment with the City and who takes 44.8 hours or less of sick leave in the
calendar year following the fifth year of employment and any subsequent calendar year. shall
have 11.2 hours added to his or her vacation leave balance at the beginning of the following
calendar year.
10.10 SICK LEAVE RETIREMENT PAYMENT: An employee who retires from City service on a service or
disability retirement shall be provided a Sick Leave Retirement Payment as follows:
10.10.1 NON-SHIFT PERSONNEL: 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) will be paid to
the employee at the employee's regular hourly wage rate in effect at the time of retirement.
10.10.2 SHIFT PERSONNEL: Thirty-five percent (35%) of the employee's accrued and unused sick leave
hours to a maximum of 35% of 1440 hours (a maximum total of 504 hours) will be paid to the
employee at the employee's regular hourly wage rate in effect at the time of retirement.
10.11 PAYMENT OF SICK LEAVE UPON DEATH: In the event of the death of an employee, the employee's
estate shall be paid for the total accrued and unused sick leave hours at the employee's regular
COLLECTIVE BARGAINING AGREEMENT PAGE t4
CITY OF BREMERTON t IAFF LOCAL 437
MARCH 3, 1999
hourly wage rate in effect at the time of death up to a maximum of 960 hours for a non-shift
employee or a maximum of 1440 hours for a shift employee.
10.12 SIcK LEAVE USE: Sick leave must be accrued prior to use by an employee. Sick leave shall be
made available to each employee up to the amount of each employee's accrued sick leave
balance and shall be used in increments of no less than one-half hour to cover an employee's
absence from his or her regularly scheduled work hours due to:
10.12.1 The temporary disability of an employee resulting from his or her personal illness or injury.
10.12.2 Eligibility shall be governed by the provisions set forth in Federal or State laws, as currently
written or hereinafter amended.
10.13 NOTIFICATION OF SICK LEAVE USE: An employee who is absent or expects to be absent from
work due to causes specified in 10.7 above, shall provide notification as follows:
10.13.1 ROUTINE APPOINTMENTS: An employee who schedules a routine medical, dental or oculist
appointment shall make every reasonable effort to schedule such an appointment at a time
which will cause the least interference with the employee's work hours and duties. The
employee shall give at least twenty four (24) hours prior notice of the date and time of the
appointment to his or her immediate supervisor. An employee's immediate supervisor may
request that the employee reschedule routine appointments when, in the judgment of the
supervisor, the scheduled absence of the employee would unduly interfere with the operations
of the Department. An immediate supervisor shall not unreasonably deny an employee sick
leave with pay for routine medical, dental or oculist appointments.
10.13.2 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 10.7
above, shall promptly notify the Department by telephone or otherwise by 0700 of the day of his
or her on duty shift, and must make contact with on duty personnel.
10.13.3 S~CK LEAVE DURING AUTHORIZED PAID LEAVE: An employee who becomes ill or is injured during
the employee's paid vacation or compensatory time off may request the conversion of such
paid leave to sick leave with pay by promptly notifying the Department of the illness or injury at
the time of the illness or injury or as soon as is reasonably feasible and providing such
information as is required by the Department to verify the appropriateness of such a conversion.
10.14 S~CK LEAVE DOCUMENTATION AND APPROVAL: An employee who has been absent on sick leave
shall, within thirty-six (36) hours after returning to work, submit such forms and provide such
information as required by the Department to approve the use of sick leave with pay for the
absence. The Department may require an employee to demonstrate that he or she has sought
treatment, taken appropriate precautions or otherwise effected measures to correct the
condition causing the employee's absence. Such demonstrations may take the form of
personal statements of the employee, medical examinations or certifications of appropriate
professionals as to the nature of the illness and/or injury of the employee, the employee's child
and/or family member, or other methods appropriate to the circumstances. The Department
may require an employee to provide certification by a professional physician that the employee
COLLECTIVE BARGAINING AGREEMENT PAGE 15
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
is sufficiently recovered as to be able to return to work without posing a health hazard to himself
or herself or to other members of the workforce. Sick leave must be approved by the
Department prior to payment. The Department shall not unreasonably withhold approval of
sick leave with pay from employees.
10.15 INDUSTRIAL DISABILITY AND LIMITATION OF SICK LEAVE USE FOR LEOFF I EMPLOYEES: An employee
who qualifies for and is included in the Washington State Retirement System commonly referred
to as "LEOFF I", shall have his or her use of sick leave with pay limited to six days for a non-
shift employee or two shifts for a shift employee of sick leave with pay for each personal or
work-related sick leave absence. In the event the employee's absence extends beyond six (6)
days or two (2) shifts, the employee shall apply for disability benefits provided through LEOFF
I. In the event the employee's disability extends beyond a period of six (6) full months and six
(6) days or two (2) shifts, the employee shall apply for disability retirement benefits provided
through LEOFF I. The employee's accrued and unused sick leave hours shall not be used to
extend the period of disability beyond six (6) months and six days (6) or two (2) shifts.
10.16 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II AND REGULAR EMPLOYEES: An employee who qualifies
for and is included in the Washington State Retirement System commonly referred to as
"LEOFF I1", and a regular employee who incurs a work-related illness or injury shall be provided
with such compensation as is made available through Workers' Compensation benefits as
provided by Washington State Law.
ARTICLE 11 OTHER LEAVE
11.1 BEREAVEMENT LEAVE: An employee will be granted up to 24 hours of bereavement leave
annually for attending funerals in the State of Washington and up to forty (40) hours annually
for out of state funerals of members of the employee's immediate family. All time off for
bereavement in excess of 24 hours shall be charged against an employee's vacation/holiday,
sick leave or compensatory time leave balance at the option of the employee.
11.1.1 Immediate family shall be defined as spouse, child, mother, father, mother/father in-law, brother,
sister, bothedsister in-law, grandparents and grandchildren, step relations as described herein
of both the employee and the employee's spouse.
11.2 JURY DUTY, WITNESS AND MILITARY DUTY LEAVE: An employee shall be granted leave of absence
with pay for the purpose of reporting to jury duty or if subpoenaed as a witness in a case
involving the City. Any juror or witness fees received by the employee for the performance of
such duties shall be assigned to the City. A leave of absence with pay for a period not to
exceed fifteen (15) working days for a non-shift employee and twenty-one (21) calendar days
for a shift employee 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.
11.3 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.
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CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
ARTICLE 12 RETIREMENT BENEFITS
12.1 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.
When an employee covered by this agreement is assigned to day shift he/she will be
assigned back to shift just prior to retiring or going on disability. The employee will
maintain the same pay classification.
ARTICLE 13 INSURANCE BENEFITS
13.1 MEDICAL INSURANCE: The City shall make medical insurance coverage available to
employees and their dependents and provide for payment of insurance premiums as
follows:
KPS Plan A for Employees
KPS Plan B for spouses and dependents;
Group Health for Employees, spouses and dependents.
Or equivalent or better coverage
13.2 Co-pay amounts paid by employees for treatment received by employees shall be
reimbursed to the employee. Co-pay amounts paid by employees for treatment
received by spouses and dependents shall be paid by the employee.
Employee's premium is paid in full by the City. Employee contribution toward
dependent coverage will be three dollars fifty cents ($3.50) per month per dependent
to a maximum of ten dollars and fifty cents ($10.50) per month for full family
coverage.
13.3 DENTAL INSURANCE: The City shall make the same level of benefits as are provided
through Washington Dental Service Plan A dental insurance coverage available to
employees and their dependents and provide for full payment of insurance
premiums. All Co-pay amounts for all services received shall be paid by the
employee.
13.4 DISABILITY AND LIFE INSURANCE: Effective April 1, 1999, employees will receive
$25.00 per month in lieu of any City contributions toward the cost of premiums for
Short Time Disability, Long Term Disability and Life Insurance coverage.
13.5 INSURANCE RESERVES, REBATES AND SURPLUSES: The City shall require the KPS
medical plan provider to provide a structured accounting to the City at least annually.
Such accounting shall include plan utilizations, all reserve accounts maintained for
the plan, interest earned on reserves, administration costs and coinsurance (pooling)
costs. This accounting shall be made available to the Association upon request.
The City agrees that premium rebates, reserve account rebates or any other
monetary returns to the employer from the insurance providers, together with
subsequent interest earnings thereon shall be used exclusively to defray the costs of
premium increases in the plan, and increase benefit levels, or other health related
purposes determined appropriate by the Insurance Benefits committee. Premium
increases shall be any increase over the 1994 levels. The Insurance Benefits
Committee shall be comprised off the
COLLECTIVE BARGAINING AGREEMENT PAGE 17
CITY OF BREMERTON/IAFF LOCAL 437
MARCH 3, 1999
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.
ARTICLE 14 CLOTHING AND UNIFORM CLEANING ALLOWANCE
14.1 PURCHASE OF UNIFORMS: The City shall purchase new and replacement uniforms required by
Fire Department regulations for each employee. Employees shall abide by such rules and
regulations as are established by the Department in selecting and obtaining their uniforms. All
uniforms paid for by the Fire Department remain the property of the City.
14.2 UNIFORM CLEANING ALLOWANCE: Each employee required to wear a uniform pursuant to Fire
Department regulations shall receive a uniform cleaning allowance of two hundred fifty ($250)
dollars per year for uniform maintenance. The allowance shall be paid during the month of
January. An employee hired subsequent to the first of the year shall receive a pro-rata cleaning
allowance payment. In the event that the City secures a cleaning contract with an independent
cleaning company, no uniform allowance will be paid to employees.
ARTICLE 15 PERSONNEL PRACTICES
15.1 DEFINITIONS: For the purpose of interpreting the provisions of this Agreement, the following
definitions shall apply:
15.1.1 PROBATIONARY EMPLOYEE: An employee serving a 12-month period commencing upon the initial
date of hire as a permanent employee during which the employee may be discharged at the
sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and
without recourse to the grievance procedure.
15.1.2 PROMOTIONAL PROBATION: A 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.
15.1.3 LEOFF I EMPLOYEE: An employee who qualifies for and is a member of the Washington State
Retirement System commonly known as "LEOFF I".
15.1.4 LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the Washington State
Retirement System commonly known as "LEOFF I1".
15.1.5 NON-SHIFT EMPLOYEE: An employee who is normally assigned to work forty (40) hours per week
Monday through Friday.
15.1.6 SHIFT EMPLOYEE: An employee who is normally assigned to work on a 24-hour shift scheduled
basis.
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CiTY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
15.1.7 CYCLE: The consecutive calendar day period during which an employee is not scheduled to be
on duty as the result of an assigned work schedule including a scheduled Kelly Day, approved
paid leave and/or shift trade.
15.2 SENIORITY LIST: The Fire Department shall establish a seniority list of all employees in the
bargaining unit and shall update the list on January 1 of each year. The list shall be posted on
bulletin boards in all stations. All longevity wage placements and vacation selections shall be
governed by the current seniority list. Any objections to the list as posted shall be reported to
the Fire Department administration and such corrections as are appropriate shall be made and
a corrected list shall be re-posted at all stations.
15.3 REBUCTIONSAND VACANCIES: All personnel reductions and filling of vacancies shall be handled
in accordance with existing Civil Service Rules and Regulations and shall not be subject to the
grievance procedure.
15.4 PROBATIONARY EVALUATIONS: A written monthly evaluation shall be given to each employee new
to the Department during his or her probationary period. The evaluation will be used to show
an employee's progress and/or areas of deficiency in performing job functions. At a minimum,
quarterly written evaluations will be given to promotional probationers. An employee shall be
provided a reasonable time to correct deficiencies prior to termination of an original probationer,
or reduction of a promotional probationer. A promotional probationer who is removed for
inability to perform shall have displacement rights under Civil Service Layoff and Reduction
rules; provided, however, the promotional probationer shall have the right to return to his or her
former class regardless of whether a vacancy exists. Provided further, however, nothing in this
section shall prohibit the City from terminating or demoting a promotional probationary
employee for good cause in conformance with Civil Service Rules.
15.5 CAREER COUNSELING: An employee who is not selected for a promotional appointment from an
eligible register may request career development counseling from the appointing authority for
the purpose of recommending steps the employee may take to improve his or her qualifications
and skills for future promotional opportunities.
15.6 RIGHTS AND PRIVILEGES: All current policies and practices concerning computation and payment
of pay, allowances and benefits; or the application of contract provisions enumerated herein
shall continue in force and effect dudng the life of this Agreement. Should the City wish to make
any change with respect to such practices during the life of this Agreement, it shall first notify
the Union of the desired change and afford the Union an opportunity to meet and discuss such
change.
15.7 PARAMEDIC/FIREFIGHTER CERTIFICATION REQUIREMENT: An employee who is hired as a
Paramedic/Firefighter shall be required to maintain his or her Paramedic Certification as a
condition of employment. Upon completion of six (6) full years of employment as a
Paramedic/Firefighter, an employee becomes eligible for transfer to a vacant Firefighter
position. Upon completion of five (5) full years of employment as a Paramedic/Firefighter, an
employee may present the Fire Chief with a request to be transferred from a
Paramedic/Firefighter position to a vacant Firefighter position at the earliest opportunity. The
COLLECTIVE BARGAINING AGREEMENT PAGE 19
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
Fire Chief will approve Paramedic/Firefighter requests to transfer to vacant Firefighter positions
on the basis of seniority of continuous service with the Bremerton Fire Department among all
requesting Paramedic/Firefighters. An employee transferred to a vacant Firefighter position shall
have his or her salary rate set at a Firefighter wage rate as of the effective date of the transfer.
15.7.1 TRANSITION TO PARAMEDIC - A non probationary firefighter who transitions to firefighter-
paramedic shall remain in the firefighter-paramedic classification for not less than four (4) years,
except for promotional opportunities. Should an employee loose their certification, they shall
be returned to the firefighter classification.
15.8 PROMOTIONAL EXAMINATIONS: The Civil Service Rules shall apply to the conduct of promotional
examinations in all respects excepting that any portion of such Rules which are in conflict with
the provisions of this subsection shall be handled in conformance with the following:
15.8.1 MAINTENANCE OF ELIGIBLE REGISTERS: Eligible registers for Fire Lieutenant and Fire Captain
shall be maintained on a continuous basis irrespective of available vacancies.
15.8.2 The written portion of the promotional examinations for Fire Lieutenant and Fire Captain will be
given between September 26t" and October 5th in alternate years. A list of reading material will
be issued six (6) months prior to the written examination. The Department will supply one (1)
set of listed reading material per fire station. Such reading material will remain at the station.
The Department will not be responsible for loss of the reading material.
15.8.3 EXAMINATION ANNOUNCEMENTS: Within five (5) calendar days of the request, the Fire Chief shall
post in each station one copy of each request to Civil Service for creation of a promotional
eligible list.
15.8.4 CRITERIA FOR OPEN EXAMINATIONS: Examinations will be conducted as promotional within the
Fire Department unless less than three (3) qualified applications were received in which event
the examination may be advertised as open.
15.8.5 CRITERIA FOR EXAMINATION CONTENT: Examinations shall include a written and oral portion and
shall test for only the knowledge and abilities which are included in current classification
specifications for the position being tested.
15.8.6 EXAMINATION SCORING: Examinations shall be scored as follows: All scores on examinations
shall be rounded to the nearest one-tenth of a point.
1. Written portion: Maximum of 50 Points
An applicant's performance on the written portion of a promotional examination shall be
scored as follows: Number of questions answered correctly divided by the total number
of questions asked = percentage of correct answers. The maximum of 50 Points shall
be multiplied by the percentage of correct answers and the result shall be the number
of points the applicant earned on the written portion of the examination.
2. Oral portion: Maximum of 50 Points
COLLECTIVE BARGAINING AGREEMENT PAGE 20
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
An applicant's performance on the oral portion of a promotional examination shall
include the oral panel's evaluation of an applicant's training and education
achievements along with the panel's rating on performance in the oral and shall be
scored as follows: Number of points received divided by the total number of points
available = percentage of total oral points. The maximum of 50 Points shall be
multiplied by the percentage of total oral points and the result shall be the number of
points the applicant earned on the oral portion of the examination.
3. Experience Rating: Maximum of 10 Points
Each applicant shall receive .5 (2) point for each full twelve (12) months of service with
the Bremerton Fire Department upon the date the written examination is conducted to
a maximum of 10 points. Periods of employment which are less than twelve (12) full
months shall not be used in computing the experience rating.
4. Total Score
An applicant's total score shall be the sum of the points received on the written, oral and
experience components of the examination.
5. Minimum Score
An applicant must achieve a total score of seventy (70) points or more to be placed on
the eligible register for the position.
6. All offers, acceptances and declinations of employment for promotional positions only
shall be made in writing.
7. During the life of this agreement the parties shall meet in a labor management forum to
discuss the above language covering promotions.
15.9 Newly appointed Lieutenants shall:
1. Complete Fire Command Administration core curriculum or equivalent within thirty (30)
months of appointment to the rank of lieutenant,
2. or complete an officer development program as determined by the joint labor
management committee.
Exceptions shall be referred to the Labor Management Committee. The Employer shall
reimburse the employee for tuition, books and lab fees. All materials purchased by the
employer shall remain the property of the employer The employer shall make a reasonable
effort to provide employees with time off work to attend classes.
ARTICLE 16 GRIEVANCE PROCEDURE
16.1 DEFINITIONS:
16.1.1 GRIEVANCE: A grievance is an allegation of a violation of the express terms and conditions of
this Agreement which is to be resolved through this Grievance Procedure.
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CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
16.1.2 C~WL SERVICE APPEAL: An appeal is an allegation of a violation of the Civil Service Rules which
is to be resolved through the Civil Service Appeals procedure and is not resolvable through this
Grievance Procedure.
16.1.3 UNFAIR LABOR PRACTICE: An Unfair Labor Practice charge is an allegation of a violation of the
Washington State statutes governing public employment labor relations which is to be resolved
through the Public Employment Relations Commission's rules and regulations and is not
resolvable through this Grievance Procedure.
16.2 STEP 1: An employee who believes that the terms and conditions of this Agreement have been
violated shall first discuss the action giving rise to the belief with 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 could reasonably have been expected to know of such
action. The employee shall have the right to be assisted by a'n authorized Union representative
during this discussion.
16.3 STEP 2: In the event that the employee's immediate supervisor does not resolve the grievance
to the satisfaction of the employee at Step 1 of this procedure, the employee shall reduce the
grievance to writing and shall state: the section (or sections) of this Agreement which is alleged
to have been violated; an explanation of the grievance in detail, including dates, actions and
such other information necessary to a full investigation of the facts and circumstances giving
rise to the grievance; and the remedy sought. The employee shall have the right to be assisted
by an authorized Union representative in reducing his or her grievance to writing. The employee
shall present the written grievance to the immediate supervisoCs immediate superior and/or the
Fire Chief, whichever is appropriate, within fourteen (14) calendar days of the date the
employee met with the employee's immediate supervisor. The supervisors immediate superior
and/or the Fire Chief, whichever is appropriate, shall meet with the employee and the
employee's Union Representative within fourteen (14) calendar days after receipt of the written
grievance for the purpose of considering the matter. The immediate superior and/or Fire Chief,
as appropriate, shall reduce his or her decision to writing and shall transmit the decision to the
employee with a copy to the Union representative within fourteen (14) calendar days of meeting
with the employee and the Union representative.
16.4 STEP 3: In the event that the immediate superior and/or Fire Chief does not resolve the
grievance to the satisfaction of the employee at Step 2 of this procedure, the Union shall, on
behalf of the employee, transmit a copy of the original grievance along with a copy of the Fire
Chief's written response to the Human Resources Manager and the Mayor within fourteen (14)
calendar days of receipt of the Fire Chief's written response. The Human Resources Manager
shall consider the grievance and may convene a meeting with the Union representative in an
attempt to resolve the grievance. The Human Resources Manager shall reduce his or her
decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit
the decision to the Union.
16.5 STEP 4: In the event that the Human Resources Manager does not resolve the grievance at
Step 3 of this procedure, the Union may request arbitration of the issue by written notification
to the Human Resources Manager. The Human Resources Manager and the Union shall meet
COLLECTIVE BARGAINING AGREEMENT PAGE 22
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
within fourteen (14) calendar days of the date upon which the Human Resources Manager
rendered his or her written decision on the grievance and shall select a neutral arbitrator by
mutual agreement or through a mutually agreeable process.
16.6 POWERS AND DUTIES OF THE ARBITRATOR: It shall be the duty of the arbitrator to conduct a
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 nor recommend the alteration of the terms and conditions of the agreement in
deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator shall
render a written decision which shall be binding upon the parties.
16.7 COSTS OF ARBITRATION: The expenses of the neutral arbitrator shall be borne equally by the
parties. Each party shall singly bear all costs related to preparing and presenting its own case
before the arbitrator, including costs of witnesses. The party desiring a record of the
proceedings shall bear the cost of obtaining such record.
16.8 TIME LIMITS: Time limits established in this procedure shall be strictly adhered to but may be
waived by mutual agreement of the Union and the City. All procedures contained herein shall
be complied with as expeditiously as practicable.
ARTICLE 17 SEVERABILITY
17.1 In the event that any provision of this Agreement is held invalid by operation of law or by any
tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be
restrained by such tribunal pending a final determination as to its validity, the remaining
provisions of this Agreement shall not be held invalid and shall remain in full force and effect.
The Union and the City shall immediately meet and attempt to renegotiate any provision found
invalid.
ARTICLE 18 ENTIRE AGREEMENT
18.1 The Union 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 Union each voluntarily and unqualifiedly agree to waive the right to oblige the other party to
bargain with respect to any subject or matter not specifically covered by the Articles of this
Agreement during the term of this Agreement, except as mutually agreed upon.
ARTICLE 19 CONFLICTING PROVISIONS
19.1 In the event that any provision of this Agreement is found to be in conflict with any other
resolution, ordinance, policy, regulation or rule of the City, the provision of this Agreement shall
prevail.
COLLECTIVE BARGAINING AGREEMENT PAGE 23
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
ARTICLE 20 DRUG FREE WORKPLACE
20.1 The maintenance of a drug-free work place is essential to the safety and welfare of City
employees and the citizens of Bremerton. The following provisions shall apply to employees
covered by this Agreement.
20.2 The unlawful manufacturing distributing, dispensing, processing or using a controlled substance
or alcohol in the work place is prohibited. Reporting to work under the influence of a controlled
substance or alcohol is prohibited.
20.3 As a condition of employment, all employees must notify the Fire Chief or designee of any
criminal drug statute conviction for a violation occurring in the work place no later than five (5)
days after such a conviction.
20.4 It is the responsibility of every employee to be aware of the above provisions and to abide by
them. Failure to observe these provisions could result in immediate disciplinary action against
the employee, up to and including termination. The employee may be required to participate
satisfactorily in an alcohol or drug abuse assistance or rehabilitation program.
20.5 All employees will be fully informed of the drug and alcohol-testing article. Employees will be
provided with information conceming the impact of the use of alcohol and drugs on job
performance. Supervisors will receive training in recognition of signs and symptoms of
substance abuse. In addition, the City will inform the employees on how the tests are
conducted, what the test can determine and the consequence of testing positive for drug use.
All newly hired employees will be provided with this information on their initial date of hire, or as
soon thereafter as possible. No employee will be tested before this information is provided to
him.
An employee may voluntarily enter rehabilitation without a requirement or prior testing.
Employees who voluntarily come forward and ask for assistance to deal with a drug or alcohol
problem will not be disciplined by the City for doing so. No disciplinary action will be taken
against an employee unless he/she refuses the opportunity for rehabilitation, fails to complete
a rehabilitation program successfully, or again tests positive for drugs within two (2) years of
completing an appropriate rehabilitation program, or as otherwise provided in this article.
20.5.1 Drugs will be defined as narcotics, depressants, stimulants, hallucinogens, cannabis and
alcohol, or substances whose dissemination is regulated by law or this article.
With respect to over-the-counter drugs and/or drugs that require a prescription or other written
approval from a licensed officer or dentist for their use, it is the responsibility of the employee
to review cautionary warnings for potential side effects and inquire of the issuing medical
authority as to the potential impact of the drug to impair one's ability to work safely and
effectively. Each employee is expected to inform his supervisor of such circumstances if there
is reasonable cause to believe there will be impairment.
20.5.2 Employees will not be subjected to random medical testing involving urine or blood analysis or
other similar or related tests for the purpose of discovering possible drug or alcohol abuse.
COLLECTIVE BARGAINING AGREEMENT PAGE 24
CiTY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
However, if objective evidence exists establishing reasonable cause to believe an employee's
work performance is impaired due to drug or alcohol abuse, the City will require the employee
to undergo a medical test consistent with the conditions as set forth in this article. Indications
of impaired behavior or a substance abuse problem will include, but are not limited to, the odor
of alcohol on the breath, dilated or constricted pupils, accident pattern, abnormal behavior or
performance for that specific employee.
20.5.3 The collection of the samples will be performed by Occupational Medicine Associates of Kitsap
(OMAK) or, if unavailable a laboratory and/or by a health care professional qualified and
authorized to administer and determine the meaning of any test results. The laboratory
performing the test will be one that is certified by the National Institute of Drug Abuse (NIDA).
The laboratory used will also be one whose procedures are periodically tested by NIDA where
they analyze unknown samples sent to an independent party. The results of employee tests will
be made available to the designated Medical Review Officer.
Collection of blood or urine samples will be conducted in a manner, which provides the highest
degree of security for the sample and free from adulteration. Recognized strict chain of custody
procedures must be followed for all samples as set by NIDA.
Blood or urine samples will be submitted per NIDA standards. Employees have the right to
seek consultation with Union or legal counsel representative prior to submission of the sample,
provided it does not unduly delay the process. Employees will not be witnessed while
submitting a urine specimen.
Prior to submitting a urine or blood sample, the employee will be required to sign a consent and
release form. An employee who refuses to submit to discovery testing will be subject to
disciplinary action up to and including discharge for the purpose of administering this article.
The employee will not consume any food or liquids until after the sample is taken.
All samples must be stored in a scientifically acceptable preserved manner consistent with
NIDA standards.
20.5.4 The laboratory will test for only the substances and within the limits as follows for the initial and
confirmation test as provided within NIDA standards. The initial test will use an immunoassay,
which meets the requirements of the Food and Drug Administration for commercial distribution.
The following initial cutoff levels will be used when screening specimens to determine whether
they are negative for those five drugs or classes of drugs:
INITIAL TESTING
Marijuana metabolites 1 O0 ng/ml
Cocaine metabolites 300
Opiates metabolites (1) 300 rig/mi
Phencyclidine 25
Amphetamines 1,000 ng/ml
(1) If immunoassay is specific for free morphine, the initial test level is 25 rig/mi.
COLLECTIVE BARGAINING AGREEMENT PAGE 25
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
If initial testing results are negative, testing wilt be discontinued. Specimens identified as
positive on the initial test will be confirmed using gas chromatography/mass spectrometry
(GC/MS) techniques at the following listed cutoff values.
CONFIRMATORY TESTING
Marijuana metabolites (1) 16 rig/mi
Cocaine metabolites (2) 150 ng/ml
Opiates
Morphine 300 ng/ml
Codeine 300 ng/ml
Phencyclidine 25 ng/ml
Amphetamine 500 ng/ml
Methamphetamine 500 ng/ml
1. Delta-9-tetrahydrocannabinol-9-carboxylic acid
2. Benzoylecgonine
If confirmatory testing results are negative, all samples will be destroyed and records of the
testing expunged from the employee's file.
20.5.5 Reporting for work with any measurable amount of alcohol in the bloodstream (i.e. a blood
alcohol level of .04 or higher) will be a basis for disciplinary action. A blood alcohol test will be
performed by a qualified laboratory to determine the amount of alcohol in the bloodstream.
If such alcohol testing results are negative, all samples will be destroyed and records of the
testing expunged from the employee's file,
20.5.6 The Medical Review Officer will be employed by the collection facility and must be a licensed
physician with knowledge of substance abuse disorders. The Medical Review Officer will be
familiar with the characteristics of tests (sensitivity, specificity, and predictive value), the
laboratories running the tests and the medical conditions and work exposures of the employees.
The role of the Medical Review Officer will be to review and interpret the positive test results.
He or she must examine alternate medical explanations for any positive test results. This action
will include conducting a medical interview with the affected employee, review of the employee's
medical history and review of any other relevant biomedical factors. The Medical Review Officer
must review all medical records made available by the tested employee when a confirmed
positive test could have resulted from legally prescribed medication.
20.5.7 The laboratory will advise only the employee and the Medical Review Officer of any positive
results. The results of a positive drug or alcohol test can only be released to designated
Human Resources staff by the Medical Review Officer once he or she has completed her or his
review and analysis of the laboratory's test.
COLLECTIVE BARGAINING AGREEMENT PAGE 26
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
20.5.8 The City will pay for all costs involving drug and alcohol testing as well as the expenses involved
of the Medical Review Officer. The City will also reimburse each employee for his or her time
and expenses including travel incurred involving the testing procedure only.
20.5.9 The parties recognize that an employee has the obligation not to place him/herself in a situation
where the ability to perform his/her job is impaired by drugs or alcohol. In the event and
employee fails to fulfill his/her obligations, it is the responsibility of the City to remove such
employee from the work environment to prevent the endangerment of the employee, fellow
employees and/or the public.
Any regular employee who tests positive for drugs may be subject to disciplinary action up to
and including termination, depending upon the circumstances of the situation. Circumstances
that would warrant termination include incidents where the employee's impairment resulted in
loss of life, serious injury to self or others, or the serious loss or damage of property.
In cases where discipline is not warranted, the employee involved who tests positive for drugs
or alcohol may be placed in a rehabilitation status where the employee may utilize accrued paid
accrued paid leave or donated leave. In this case the employee will be evaluated by a licensed
drug/alcohol evaluator, not employed by the City. Participation by the employee in the approved
treatment program is mandatory. Once the intensive part of the program has been completed,
the employee may be returned to his/her regular duty assignment, but only with a written
release from the Medical Review Officer. Employees who complete a rehabilitation program
may be re-tested randomly a maximum of four (4) a year for the following two years.
20.5.10 Employees who enter and successfully complete a rehabilitation program on their own initiative
may not be subject to re-testing, except as provided in this article. The treatment and
rehabilitation will paid for by the city to the extent coverage is provided by the employee's
insurance program. Employees will be allowed to use their accrued, earned and donated leave
for the necessary time off involved in the rehabilitation program. Upon completion of the
program the employee will be subject to one (1) random test during the following year.
Periodic progress reports from the attending heath care practitioner will be provided to the City
stating the prognosis of the employee's return to his regular duty assignment.
If an employee tests positive during the two year period following the rehabilitation program, the
employee will be re-evaluated by a licensed drug or alcohol counselor to determine if the
employee requires additional counseling and/or treatment. The employee will be solely
responsible for any costs not covered insurance, which arise from this additional counseling or
treatment
20.5.11 Once an employee successfully completes rehabilitation, they will be returned to their regular
duty assignment.
20.5.12 A regular employee has the right to challenge the results of the drug or alcohol tests and any
discipline imposed in the same manner that he/she may grieve or appeal any other City action.
COLLECTIVE BARGAINING AGREEMENT PAGE 27
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
20.5.13 The parties recognize that during the life of this Agreement, there may be improvements in the
technology of the testing procedure, which provide more accurate testing. In that event, the
parties will bargain in good faith whether to amend this procedure to include such
improvements. If the parties are unable to agree on the amendments they will be submitted to
impasse procedures as outlined in RCW 41.56.
20.5.14 This Article is in no way intended to supersede or waive any constitutional or other rights that
the employee may be entitled to or legal obligations that the City may have under federal, state
or local statutes.
20.5.15 The City reserves the right to require a drug/alcohol test of all applicants seeking to be hired or
transferred into the bargaining unit.
20.5.16 The drug-testing program was solely initiated at the request of the City. The Union will be held
harmless and indemnified, including the cost for attorney's fees, for the violation of any
employee's rights by the City arising from the administration of this testing process.
20.6 The City is committed to supporting employees undergoing treatment and rehabilitation for
alcohol or other chemical dependency. The City will provide information to employees on
available drug/alcohol abuse assistance or rehabilitation programs.
20.7 The confidentiality of all complaints and reported violations of the provisions of this policy will
be strictly maintained, except as required by public disclosure laws or court orders.
ARTICLE 21 DEFERRED COMPENSATION
21.1 The Employer shall match the payroll deduction of any written request by an employee covered
by this Agreement, in an amount not to exceed one hundred ten dollars $110.00) per month.
Effective January 1, 2000 and January 1, 2001, the amount will be increased by the same
percentage as the wage increase.
ARTICLE 22 LABOR MANAGEMENT COMMITTEE
22.1 LABOR MANAGEMENT: The Employer and the Union agree that a need exists for closer
cooperation between labor and management. To accomplish this objective, the Employer and
the Union agree that no more than three (3) duly authorized representatives of the Union shall
function as one-half (2) of a Labor-Management Committee, the other half being no more than
three (3) 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 Union'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.
22.2 Should the Union 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.
COLLECTIVE BARGAINING AGREEMENT PAGE 28
CiTY OF BRF_MERTON / IAFF LOCAL 437
MARCH 3, 1999
ARTICLE 23 TEMPORARY FIREFIGHTER PROGRAM
23.1 During the term of this agreement the Employer may implement a "temporary" firefighter
program. Pdor to implementation the employer will meet with the Union to negotiate the impact
on employees of such a program.
ARTICLE 24 PHYSICAL FITNESS PROGRAM
24.1 The Union and the Employer shall work cooperatively in the Joint Labor Management
Committee to develop a physical fitness program within the first year of the agreement.
ARTICLE 25 TOBACCO FREE WORK PLACE
25.1 As a condition of employment, all employees hired after the effective date of this agreement
shall not use any tobacco products while on duty.
ARTICLE 26 DISCIPLINARY ACTION
26.1 Disciplinary action, as defined by the Civil Service rules as now stated of hereinafter amended,
may be taken against any non probationary employee for just cause. An employee who is the
subject of a disciplinary action must elect to follow the appeal procedures in the Civil Service
Rules, or the grievance procedure. The employee selection of one procedure shall preclude
the use of the other.
ARTICLE 27 TERM
27.1 The terms of this Agreement shall be in effect upon January 1, 1999, unless otherwise provided
within the terms of each Article, and shall remain in effect through December 31,2001
Negotiations for a successor agreement shall commence no later than August 1, 2001. 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 Union and all of the
employees in the bargaining unit covered by this Agreement.
DATED THIS day of ,1999.
CITY OF BREMERTON: IAFF LocAL #437:
Human Resources Manager President
Fire Chief Vice President
Lynn Horton, Mayor Secretary-Treasurer
COLLECTIVE BARGAINING AGREEMENT PAGE 29
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
ATTEST: APPROVED AS TO FORM:
Kathleen McCluskey Glenna Malanca
City Clerk City Attorney
COLLECTIVE BARGAINING AGREEMENT PAGE 30
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
APPENDIX A
TO THE AGREEMENT BY AND BETWEEN
THE
CITY OF 13REMERTON
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437
JANUARY 1, 1998 THROUGH DECEMBER 31, 2001
THIS APPENDIX is supplemental to that Agreement by and between the CITY OF BREMERTON, WASHINGTON ("Employer") and the
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 ("Union").
A.1 Effective January 1, 1999, the base monthly rates of pay for employees shall be as follows:
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 5th +1% 5~h + 2% 5t'' +3% 5"' + 4% 5"' +5%
POSITION 00-12 mo. 13-24 mo. 25-36 mo. 37-48 mo. 49+ mo. 6-10 Yrs 11-15 Yrs 16-20 Yrs 21 -25 Yrs 26 + Yrs
Firefighter Approx Annual $36,391 $38,991 $44,189 $46,788 $51,987 $52,507 $53,027 $53,547 $54,066 $54,586
Monthly $3,032.58 $3,249.25 $3,682.42 $3,899.00 $4,332.25 $4,375.57 $4,418.90 $4,462.22 $4,505.54 $4,548.86
Semi Monthly $1,516.29 $1,624.63 $1,841.21 $1,949.50 $2,166.13 $2,187.79 $2,209.45 $2,231.11 $2,252.77 $2,274.43
Shift Hourly $13.82 $14.80 $16.78 $17.76 $19.74 $19.93 $20.13 $20.33 $20.53 $20.72
Shift Overtime $20.72 $22.20 $25.16 $26.64 $29.61 $29.90 $30.20 $30.49 $30.79 $31.09
COLLECTIVE BARGAINING AGREEMENT PAGE 31
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 5th +1% 5th + 2% 5t" +3% 5th + 4% 5t', +5%
POSITION 00-12 mo. 13-24 mo. 25-36 mo. 37-48 mo. 49+ mo. 6-10Yrs 11-15 Yrs 16-20Yrs 21 -25 Yrs 26+ Yrs
Firefighter
Assigned to ApproxAnnual $37,847 $40,550 $45,956 $48,659 $54,067 $54,608 $55,148 $55,689 $56,230 $56,770
Maintenance
or SCBA
Monthly $3,153.92 $3,379.17 $3,829.67 $4,054.92 $4,505.58 $4,550.64 $4,595.70 $4,640.75 $4,685.81 $4,730.86
Semi Monthly $1,576.96 $1,689.58 $1,914.83 $2,027.46 $2,252.79 $2,275.32 $2,297.85 $2,320.38 $2,342.90 $2,365.43
Shift Hourly $14.37 $15.39 $17.45 $18.47 $20.53 $20.73 $20.94 $21.14 $21.35 $21.55
Shift Overtime $21.55 $23.09 $26.17 $27.71 $30.79 $31.10 $31.41 $31.71 $32.02 $32.33
Paramedic/
Firefighter Approx Annual $40,030 $42,899 $48,612 $51,468 $57,183 $57,755 $58,327 $58,898 $59,470 $60,042
Firefighter
to Fire
Prevention
Monthly $3,336 $3,574.92 $4,051.00 $4,289.00 $4,765.25 $4,812.90 $4,860.56 $4,908.21 $4,955.86 $5,003.51
Semi Monthly $1,667.92 $1,787.46 $2,025.50 $2,144.50 $2,382.63 $2,406.45 $2,430.28 $2,454.10 $2,477.93 $2,501.76
Shift Hourly $15.20 $16.29 $18.46 $19.54 $21.71 $21.93 $22.14 $22.36 $22.58 $22.80
Shift Overtime $2280 $24.43 $27.68 $29.31 $32.56 $32.89 $33.22 $33.54 $33.87 $34.19
COLLECTIVE BARGAINING AGREEMENT PAGE 32
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
STEP I STEP 2 STEP 3 STEP 4 STEP 5 5th +1% 5th + 2% 5th +3% 5t" + 4% 5~" +5%
POSITION 00-12 mo. 13-24 mo. 25-36 mo. 37-48 mo. 49+ mo. 6-10Yrs 11-15 Yrs 16-20Yrs 21 -25Yrs 26+ Yrs
Fire
Lieutenant ApproxAnnual $59,793 $59,793 $59,793 $59,793 $59,793 $60,391 $60,989 $61,587 $62,185 $62,783
Monthly $4,983 $4,982.75 $4,982.75 $4,982.75 $4,982.75 $5,032.58 $5,082.41 $5,132.23 $5,182.06 $5,231.89
Semi Monthly $2,491.38 $2,491.38 $2,491.38 $2,491.38 $2,491.38 $2,516.29 $2,541.20 $2,566.12 $2,591.03 $2,615.94
Shift Hourly $22.70 $22.70 $22.70 $22.70 $22.70 $22.93 $23.15 $23.38 $23.61 $23.84
Shift Overtime $34.05 $34.05 $34.05 $34.05 $34.05 $34.39 $34.73 $35.07 $35.41 $35.75
Fire Captain
Fire Captain-
Deputy Fire
Marshal Approx Annual $62,390 $62,390 $62,390 $62,390 $62,390 $63,014 $63,638 $64,262 $64,886 $65,510
Fire Captain-
Medical
Officer
Monthly $5,199.17 $5,199.17 $5,199.17 $5,199.17 $5,199.17 $5,251.16 $5,303.15 $5,355.14 $5,407.13 $5,459.13
Semi Monthly $2,599.58 $2,599.58 $2,599.58 $2,599.58 $2,599.58 $2,625.58 $2,651.58 $2,677.57 $2,703.57 $2,729.56
Shift Hourly $23.69 $23.69 $23.69 $23.69 $23.69 $23.92 $24.16 $24.40 $24.63 $24.87
Shift Ovedime $35.53 $35.53 $35.53 $35.53 $35.53 $35.88 $36.24 $36.60 $36.95 $37.31
A.2 Effective January 1, 2000, the rates of pay set fodh in the 1999 wage table shall be increased by a general wage increase of ninety
percent (90%) of that percentage increase set forth in the Urban Wage Earners and Clerical Workers Index (CPI-W) (1982-84=100)
for the Seattle-Tacoma area for that period from July 1998 to July 1999 as is supplied by the Bureau of Labor Statistics, United States
COLLECTIVE BARGAINING AGREEMENT PAGE 33
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999
Department of Labor. The COLA percentage increase shall not be less than three percent (3%) nor shall it exceed six (6%) percent.
Should the CPI exceed 8% or should the CPI be less than 1%, either party may open negotiations on wages only.
A.3 Effective January 1, 2001, the rates of pay set fodh in the 1999 wage table shall be increased by a general wage increase of ninety
percent (90%) of that percentage increase set forth in the Urban Wage Earners and Clerical Workers Index (CPI-W) (1982-84=100)
for the Seattle-Tacoma area for that period from July 1999 to July 2000 as is supplied by the Bureau of Labor Statistics, United States
Department of Labor. The COLA percentage increase shall not be less than three percent (3%) nor shall it exceed six (6%) percent.
Should the CPI exceed 8% or should the CPI be less than 1%, either party may open negotiations on wages only.
COLLECTIVE BARGAINING AGREEMENT PAGE 34
CITY OF BREMERTON / IAFF LOCAL 437
MARCH 3, 1999