HomeMy WebLinkAbout06/14/2006 AGENDA
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337.1873 c:g (360) 473.5280
***AMENDED***
JUNE 14,2006
CITY COUNCIL MEETING AGENDA
1. PRE.COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business; including a presentation by Jeff Elevado of the Parks Department
requesting an emergency resolution to replace the boiler at the Glenn Jarstad Aquatic Center
2. CALL TO ORDER: 5:30 P.M. in MEETING CHAMBERS LOCATED ON FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. PUBLIC RECOGNITION & ANNOUNCEMENTS
4. CONSENT AGENDA
A. Claims & Check Register (#AB06-123)
B. Collective Bargaining Agreement for 2006-2008 between the City and the International
Association of Fire Fighters, local No. 437 (#AB06-124)
C. Emergency Resolution No. 2998 for the Glenn Jarstad Aquatic Center Boiler Replacement
(#AB06-125)
5. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
CITY COUNCIL STUDY SESSION
Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL
CONFERENCE ROOM 603 to hear presentations on the fo/lowing items. Please note that no action will be
taken, and the content of these items is subject to change...
1. Sole Source Purchase of 4 Service Truck Beds from ALLIED BODY OF SEATTLE - Jim Orton, Fleet
Manager
2. Communication Tower lease Agreement with NEW CINGULAR WIRELESS PCS, llC - Paul lucas,
Administrative Manager, Public Works & Utilities
3. Bid Award to WM. DICKSON CO. for demolition of Capital Hill Fire Station; and related Budget
Adjustment - Bob Tulp, Operations Manger, Public Works & Utilities
4. Proposed Resolutions authorizing the City to make (5) formal applications for Grant Funding from the
Interagency Committee for Outdoor Recreation - Tom Knuckey, Utilities Managing Engineer; and
Tom Cressman, Parks Director
. Aquatic lands Enhancement Account Grant for the Bremerton Boardwalk Project
. Washington Wildlife & Recreation Program-local Parks (WWRP-lP) Grant for the
Bremerton Boardwalk Project
. Washington Wildlife & Recreation Program-Trails (WWRP- TR) Grant for the Bremerton
Boardwalk Project
. Washington Wildlife & Recreation Program-local Parks (WWRP-lP) Grant for the Blueberry
Park Project
. land & Water Conservation Fund (lWCF) Grant for the Blueberry Park Project
CONTINUED ON BACK...
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...............
5. Budget Adjustment for Budget Analyst Position in the Finance Department from July to October 2006
during transition period - Laura Lyon, Finance Director
6. [Information Only] COMCAST Franchise Renewal Status Report - Laura Lyon, Finance Director
7. Proposed Ordinance amending certain sections of Chapter 2.76 of the Bremerton Municipal Code
(BMC) relating to procurement of goods and services; and repealing certain Ordinances relating to
the purchase and sale of goods, services, and property - Roger Lubovich, City Attorney
8. Relocation of Municipal Court Status Report - Roger Lubovich, City Attorney
II Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring
special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the
Monday preceding the Council meeting.
DATE SUBMITTED:
BILL # 0& - I?.. '5
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
LI^
........................................................................................
SUBJECT:
Claim & Checks Register Approval
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
{b-/~-O~
Financia ServIces
Cathy Johnson
SUMMARY:
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA ISII
~~~;?~
~
RECOMMENDED MOTION: Move to approve:
1) Check#'s 30//~cJ- 5{)f;( 9,/
EFT's ~g'-9~ :JoVVjJ
2) Regular Payroll for S - 3/ ~() "
3) Retiree Payroll for
COUNCIL ACTION: ~ove
D Deny
D Table
D Continue D No Action
"
A8if O~- 1~4
DATE SUBMITTED': 6-07-06,
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Lf8
........................................................................................
SUBJECT: Collective Bargaining
Agreement between the City and the
International Association of Fire Fighters,
Local #437.
Executive Session Date: March 22,2006
COUNCIL MEETING Date: 6/14/06
Department: Financial Services
Presenter: Carol S. Conley, HR
Manager
Phone: 473-5347
SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the
City and the International Association of Fire Fighters (IAFF) Local #437 resulting in the attached
Collective Bargaining Agreement (CBA). These negotiations have been discussed with Council in
Executive Session. This CBA replaces the current one that expired on December 31, 2005. The new
CBA is for a three (3) year term, beginning January 1, 2006 through December 31, 2008. It was
ratified by the IAFF membership on April 4, 2006. Council approval is required to implement this
agreement.
ATTACHMENTS: Proposed Collective Bargaining Agreement between the City and IAFF.
FISCAL IMP ACTS (Include Budgeted Amount): Fiscal impact of implementing this contact is
estimated as follows: 2006: $398,711; 2007: $427,689; 2008: $619,623. A budget amendment in the
amount of $111,775 will be required in addition to the set aside in non-departmental, to fund the
contract for 2006.
APPROV ALS:
DEPARTMENT MANAGER:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
:J
I CONSENT AGENDA [j(] I
FISCAL/BUDGET:
OPERA nONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Motion to approve the Collective Bargaining Agreement by and
between the City and International Association of Fire Figthers, Local #437, January 1, 2006 through
December 31, 2008, and make the necessary amendments to the budget.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue D No Action
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
INTERNA TIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 437
a
January 1,2006 through December 31,2008
".
IAFF 2006-2008 Contract for Ratification
TABLE OF CONTENTS
TO THE
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437
JANUARY 1, 2006 ~ THROUGH DECEMBER 31, 2008 ~
- -
PREAMBLE................................................................................................ ...4
ARTICLE 1
NON-DISCRIMINATION.................................... ................ ....4
ARTICLE 2
RECOGNITION.................................................................. ..4
ARTICLE 3
UNION DUES.................................................................. ....5
ARTICLE 4
UNION ACCESS............................................................... ...5
ARTICLE 5
WAGES.......................................................................... ....6
ARTICLE 7
OVERTIME.................. ... ..................... .. . ........ ....... ...... .......9
ARTICLE 8
VACATION LEAVE.......................................................... ..12
ARTICLE 9
HOLIDAyS........................ ...... ......... ...... ... ..... ....... . ........ ..14
ARTICLE 10
SICK LEAVE AND INDUSTRIAL DISABILITy....................... ..14
ARTICLE 11
OTHER LEAVE......... ............................... ....................... ...18
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
Page 2
IAFF 2006-2008 Contract for Ratification
ARTICLE 12
ARTICLE 13
ARTICLE 14
ARTICLE 15
ARTICLE 16
ARTICLE 17
ARTICLE 18
ARTICLE 19
ARTICLE 20
ARTICLE 21
ARTICLE 22
ARTICLE 23
ARTICLE 24
ARTICLE 25
ARTICLE 26
ARTICLE 27
ARTICLE 28
APPENDIX A
RETIREMENT BENEFITS...... ...... ......... ...... ...... ......... ....... . .19
INSURANCE BENEFITS......... ...... ...... ........ . ....... ..... ... ..... . ..19
CLOTHING AND UNIFORM CLEANING ALLOWANCE............20
PERSONNEL PRACTICES..... ....... .............. . ...... . ........ ...... " .20
PROMOTIONAL EXAMS.................................................. ..22
GRIEVANCE PROCEDURE...... ...... ..... ........ .. ..... . ....... ....... . .24
SEVERABILITy....................................... ....................... .25
ENTIRE AGREEMENT.......................................................25
CONFLICTING PROVISIONS............................... ............. ...26
DRUG FREE WORKPLACE............................................... ..26
DEFERRED COMPENSATION..................................... ....... .30
LABOR MANAGEMENT COMMITTEE................................ ..30
TEMPORARY FIREFIGHTER PROGRAM............................. ..30
PHYSICAL FITNESS PROGRAM......................................... .31
TOBACCO FREE WORKPLACE......................................... ..31
DISCIPLINARY ACTION.................................................. ..31
TERM.......................................................................... ...31
................................................................................... ..32
Page 3
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31,2008
IAFF 2006-2008 Contract for Ratification
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437
January 1, 200~5 through December 31, 200~5
PREAMBLE
This Agreement is made and entered into pursuant to the provisions of RCW Chapter 4.156 by and
between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as
the "City", and the International 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 origin, political affiliation, mental, physical or sensory
disability, 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 the Agreement shall be
applied equally to all 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 the
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 classification as may be added to the bargaining unit during the term of
this Agreement by mutual agreement of both parties or by official action of the Public Employee
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Page 4
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
IAFF 2006-2008 Contract for Ratification
ARTICLE 3
UNION DUES
3.1 DUES DEDUCTIONS: The City will deduct monthly Union dues and initiation fees uniformly
required of membership from the payor those employees who provide written authorization to the City to
make such deductions. The Citv further agrees to make deductions fur special union assessments one (1 )
!!Jue __p-yr cgJ.~!1darJ.eaLfrom J2~IgillJ)j_n~!.1 i t ...!ltemlL~nL~U':Ll;t,_<;.m~L to_Jh~Jlni~l!Lfor _ admiill.?!eriIJg_~JlsJ}
assessment. 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 thirty (30) days
written notice to the City and the Union.
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 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 premised 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 other on-duty employees.
4.3. UNION REPRESENTATIVES RELEASE TIME: The Fire Chief or designee shall grant the
three (3) primary Union officers time off with pay pursuant to Section 4.2, not to exceed 2J_QJ1Q!Jr~JQti;!1
for all three (3) officers)2 hour:; eueh, annually, for the following meetings and conferences:
WSCFF Legislative
WSCFF Spring Education Seminar
WSCFF Annual Convention
IAFF Bi-annual Conference (President 9I,!t~.?jgl}~~_ettIy)
4.4. UNION BULLETIN BOARDS: The City will permit the Union to place one (l) 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 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
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31,2008
Page 5
IAFF 2006-2008 Contract for Ratification
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. I Effecti\'c January 1,2005, wages shall be as identified in ,^.ppendi)( ,'\, which rel1ects an increase of
three percent (3%) over 2004 wage:;.
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of two and a half percent (2.5%), plus a one and a half percent (1.5%) market adiustment.
)...:.L-.....E ff~.9.!ive J an !JJ.lIy...J...>.lQ07 w!!g~_~_1.l~lL!?e a1!_...lgenti n~.9.J..I}_...Al?P-~.!.Hli.?C A..,...lY.!li..9..h...ry"'f]~g~...ill:'-- ing~'l5.~
based upon 100% of the Seattle/Tacoma/Bremerton CPI- W from June 30. 2005 to June 30, 2006. with a
minimum of two percent (2%) and a maximum of five percent (5%), plus a one percent (1 %) market
adiustment.
5..d___.__ Eift;cti veJ mllJJ.I.ry_.J.,-~QSl.~... w!!g~~L~hillL.Q.~...~;LiQ.~!jfi et;L!I!_...AI?'p-~Q.Q..i.&J'\._..~Y!l!~ll..r~.tl~s;!1um..ll}~r.~~ se
based up-on 100% of the Seattle/Tacoma/Bremerton CPI-W from June 30. 2006 to June 30,2007. with a
minimum of two percent (2%) and a maximum oHive percent (5%). plus a one and a half percent (1.5%)
.@!!:g!Jlili.!J~.1m~n.t
5.4 EtTective January 1,2004, Ithe longevity schedule for members of the bargaining unit shall be as
follows:
Completion of 5 years in service 1.25%
Completion of 10 years in service 2.5%
Completion of 15 years in service 3.75%
Completion of 20 years in service 5%
Completion of25 years in service 6.5%
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5.5 Advancement through the pay rates from the First Step through the Final Step or the pay range
will occur upon completion of the prescribed number of full year(s) of continuous employment since the
employee's last pay placement, provided, however that the employee's overall rating on his/her annual
evaluation "Meets Expectations" or "Exceeds Expectations". The City may withhold a step increase for
work performance that does not "meet expectations". A step increase may be withheld for a maximum of
twelve (12) months, during which time the employee will receive monthly evaluations. The employee's
immediate supervisor will notify the employee in writing of expected failure to meet expectations at least
thirty (30) days prior to the due date of the work performance evaluation. If such notice is not provided
the step increase will not be withheld. The withholding of a step increase will not change the employee's
current anniversary step date for pay purposes. In the event that the employee "meets expectations" at
one of the monthly evaluations during the subsequent 12 months, they will receive a step increase
effective as of the due date of that monthly evaluation. It shall be understood that the increase will not be
applied retroactively to the month(s) in which the employee received a rating below "meets expectations".
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 increase advancement date will be
extended by the actual number of days the employee was absent on such leave.
5.6. A new employee shall be hired at the first year step, however, a new employee who pas prior paid
work experience as a full time Firefighter or FirefighterlParamedic in a fire service which operates a full
time emergency fire/medical response service using paid employees, may be hired at the second year or
third year step based upon relevant years and type of prior experience. Placement of second or third year
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
Page 6
IAFF 2006-2008 Contract for Ratification
steps shall be determined by a review committee consisting of the Fire Chief, Assistant Chief, and one (I)
Union representative.
5.7 A Firefighter/Paramedic with no experience shall be hired at the first year step. A
Firefighter/Paramedic with one (1) year minimum paid fire experience shall be hired at the second year
step, with their third year step in six (6) months, solely at the discretion of the Fire Chief.
5.8 A Firefighter/EMT with no experience shall be hired at the first step year. A Firefighter/EMT
with one (I) year paid fire experience shall be hired at second year step, with their third year step in six
(6) months solely at the discretion of the Fire Chief. Any variation from the above will require approval
by the review committee as outlined in section 5.6 of this Article.
5.9 FIRE PREVENTION: An employee who is assigned to perform fire prevention work shall be
compensated at the Firefighter/Fire Prevention base pay rate listed in Appendix A for the duration ofthe
assignment.
5.10 EQUIPMENT MAINTENANCE 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
pay rate listed in Appendix A for the duration of the assignment.
5.11 ACTING OFFICERS: An employee who serves as an Acting Officer during a twenty-four (24)
hour shift shall be compensated as outlined in section 5.11.1 below. In order to be eligible to serve as an
Acting Lieutenant Officer, an employee must be +tsted on the City's current promotional appropriate
eligible register and agree to work must volunteer fDr the assignment. In order to be eligible to serve as
f!:n..A\;1i.ng,...c.:;l,Pl!lill,...J!!L~m.pIQYee mw~L12~_Q.lJ.rr~111y'_)YQx~inK_ill!..._:;l,....1-j~1.tt.~m!J!.L~..mLI.H1Y.~_.P-ili'i~~9,,;,J1..~_...9Lb..~!
probation as an officer. The position of Acting Captain is also subject to the employee's verbal agreement
to work the assignment. The use of Acting Officers will not be used as permanent altemative to hiring a
full complement of officers. leat allY..lime a...fQrge ..b.lrsu;itllat.LQ.!Li~...~CIt1;';"<JIy',_..!Jle "p-Q.~.!iollJilm.!LP.~...fil1ed.
with an employee who currently holds the same rank as needed. (See 5 .11.3 for the procedure on filling
officer vacancies on a situational basis. At least one officer on duty must be regularly appointed to the
position. In the event that t'NO (2) acting Lieutenant; are on duty with a regular Lieutenant. the regularly
appointed Lieutenant :jhall be assigned to Station I. In the event an Acting Captain is requir-ed,tRe
employees on the eligible list for Captain shall be contacted first and giyen the opportunity to fill the
po:;ition as needed.
5.11.1 Acting Officers Compensation:
o through 1 hour
After 1 hour through 4 hours
After 4 hours through 12
After 12 through 24 hours
No Compensation
I hour of overtime
2 hours of overtime
2.5 hours of overtime
In no case shall there be more than 2.5 hours of overtime per Acting Officer position. In the
event of a split between two (2) employees, the maximum overtime paid shall be three and one-
half (3 .5) hours.
5.11.2 In recognition of section 7.1. the procedure for filling oveliime and maintaining staffing
on the basis of Fire Service and Emergency Medical servi~~ee~is wjll be as in Section 5.11 J
below.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31,2008
Page 7
IAFF 2006-2008 Contract for Ratification
5.11.3 There shall be at least one regularly appointed officer on duty each shift. In the event that
there is no Captain scheduled. and there is onlv one regularly appointed Lieutenant scheduled.
he/she ..}Yj.lLbe ass~g.1}ed tQ..s..tati9n jjJ as the ..Acti.!llLC.aptai.!Lif the_..~hift is llbo~~ll_Q!:U:l.!!.ty~ ....:wh~.!J.
the shift is below lion duty and a Captain is not scheduled. a re!l.ularly al2J2Qinted Captain will be
called to fill the position on ovel1ime. If no Captain is available. then a Lieutenant currently on
th~.J;)tY~J2[Q.!11Q.tion.lli~b,,-~r for _~1lQt~j!I..J!llQ..Q!L~t!.1Jy_~j.lLQ~..f~1I~.';Lt(.Lf]!l.Jll.~...PJ2~iQ.rU!~.4n
Acting Captain. In the event that there are no Lieutenants on duty who are on the City's current
promotional register for Captain and no regularly appointed Captain is available to till the
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the position as Acting Captain. If filling the position requires forcing an employee. it shall start
with the regularlv appointed Captains.
5.11.4 When the shift is below lIon duty and a Captain is on duty, overtime will be called to
fill the requirements of Article 7. Section 7.11. If no regularly Appointed Lieutenant is available
for the position. the on duty acting officers will be utilized to calling off duty. overtime Acting
Officers.
5.11.5 When the shift is at or above lion duty, Acting Officers shall be used to fill Captain or
Lieutenant positions if possible. For the Captain's position. on duty Lieutenants currently on the
~_i t~:~.p.rQITI91!'QDJl.l..r~g..!g~r fQ.r_.(.~~p..tai1J..1;_b_~_UJ2.~S.Q.m!!g~itfi!.~L..lfJ1Q__QJH!!l!Y_Lj~J!t~!1fl!!U_~_.QJLt..I1~
current promotional register then a Lieutenant who is on duty and past his/her probationary period
will be contacted to fill the position.
5.12 In the event an employee is assigned as an instructor to the Washington State Fire Service
Training Center, the following provisions shall apply for the term of the assignment:
5.12.1 The employee who is at the rank of Firefighter, Firefighter/Maintenance and/or
Firefighter/Paramedic, shall have their compensation increased to Lieutenant at the same step in the Lt.
pay band. Example: FF/PM at Step 4 would go to Step 4 ofLt. pay band.
5.12.2. If the employee is at the rank of Lieutenant, he/she shall have their compensation
increased to Captain at the same step in the Capt. pay band. Example: Lt. at Step 4 would go to Step 4 of
Capt. pay band.
5.12.3 If the employee is at the rank of Captain, Captain Medical Officer and/or Captain Fire
Marshal, their compensation shall not be increased.
5.12.4 Appendix "A" for Firefighter/Paramedic includes a sixth (6th) step. To be eligible for this
step the employee must have completed ten (10) years continuous service as a Firefighter/Paramedic with
the City. The sixth step will be i~.1..1l.tQD~._lmngr~.~t.flftY~!1...l?~I~~.!1.t.uJ2%1.9LJ..Qp...s..t~pJ~k~..f!g.hl~.LJV."O and
one half percent (2.5%) above tho firth ~;tep.
5.13 All newly hired employees will utilize automatic deposit of their paychecks during their term of
employment with the City.
5. i'1 Effective January 1.2003 the 'rrailling Officer position shall be upgraded to Battalion Chief, and
ffie.-pay rate for this position shall be five aAd one half- percent (5.5%) above the Captain rate of pay.
Testing will be conducted pursuant to Article 15, Section 15.8. L
~ 15 Effective July 1, 2003, the rate of pay for Captaifl shall be iAoreased by feur percent ('1%).
Page 8
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
IAFF 2006-2008 Contract for Ratification
5.16 Effective July 1, 2004, the rate of pay for Captain shall be incroased by four percent ('1% ).
I>.A,Y_J2H]:]2J~,-_I;:NTL:tLS
Fire Fighter @ Step I ::::: 70%
fi[~.EigbJ&L@_2~t~_~_..=_Z~%
Fire Fighter ~ Step 3. = 85%
Fire Fighter @ Step 4 = 90%
Fi~~lJgb1~L@ St~n 5 = lQQ%
SCBA/Mechanic = 104%
Fire Fighter/Paramedic = 112.5%
Eir~J~!~-Y~D.!i9R = U.fj_%
Lieutenant = 115%
Captain = 128%
Batt. Chief= 133.5%
~Q.t..~~.P_~r~~D.tage~J!p-~llitS!..gJQIyJJ.~ft cQIr~cL'!.JIlQunts,
ARTICLE 6
HOURS OF WORK
6.1 NORMAL HOURS OF WORK-SHIFT PERSONNEL: Pursuant to Section 207(k) of the
FLSA, the work period for shift personnel is 27 days, which is equivalent to 204 hours. The normal hours
of work for shift personnel shall be an average of 50.19 hours per week._~i!.tUhe_~sJ.~1itiQ!!..9i.J!!l~,>.!~r
Kellv Day in 2007. the normal work hours for shift personnel as of January 1. 2007 shall be an average of
49.39 hours per week for an average vearly total of2.568 hours.
6.2 NORMAL HOURS OF WORK - NON-SHIFT PERSONNEL: The normal hours of work for
non-shift personnel shall be 40 hours per week.
6.3 SHIFT WORK SCHEDULES: On or about January 151 of each year, the Fire Chief shall assign
shift personnel to one of three shifts: A, B, C. A shift assignment for an employee shall be worked as
one (1) day (24 hours) on duty followed by two (2) days (48 hours) off duty, and continuing in that
pattern for a period of eight (8) (seven (7) eHective Januarv 1. 2007) consecutive on-duty shifts; provided
this shall not apply to shift transfers. The next immediately scheduled shift shall be an off-duty Kelly day
(9th scheduled shift [8th scheduled shift effective January 1. 2007]). Effective January I, 2007 shift
employees shall be entitled to one (1) additional Kellv Dav. Shift hours begin at 0800 hours and conclude
at 0800 hours each day. Non-shift personnel shall normally be 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.
6.5 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
Page 9
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
IAFF 2006-2008 Contract for Ratification
unlimited number of times from one shift or non-shift assignment to another during the period of
probation.
6.6 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 of full Kelly Days with
another employee of the same permanent rank provided that: The change does not interfere with the
duties and responsibilities in their positions, and
6.6.1 The immediate supervisors of such employees find that no such interference will occur as
the result of a mutually agreeable exchange.
.___._..._.___Q., 6 .2____.e~I~Qm1.~LlJ1ay- h~.Y~J~1!rJyJ.el icf J.!.I2_tQJ_!Y~.L(11JlQms bef.Qrs;.Jh~__~fts~f tl1..~Lf'.hift _~yjJhQI!!
the need for shift standby documentation with notification to their immediate supervisor and the presence
of the relief employee.
6.6.;L2 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 during 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 Chiefs designee. Shift
exchanges shall be considered as substitutions under FLSA 29 V.S.C. 207 (p), and the City shall have no
obligation to keep records of such exchanges or to revise hours of work to reflect the substitutions.
6.6.1-3 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 to the City 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,
equipmentlSCBA 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 (1-112) 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 EMPLOYEE: 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 EMPLOYEE: 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 work place is called
back to duty for a period of time which is less than two (2) hours, the employee shall receive a minimum
Page 10
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31,2008
IAFF 2006-2008 Contract for Ratification
of two (2) hours of overtime compensation. After contact, if the employee is unable to work within sixty
(60) minutes, their position on the callback list shall be passed over without being charged an overtime
opportunity .
7.6 HOLD OVER AFTER NORMAL DUTY SmFT: 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.
7.7 COURT AND/OR SUBPOENAED APPEARANCES: An employee who responds to a
subpoena or appears in Court in a case on behalf of the City on off-duty time shall receive a minimum of
two (2) hours of overtime compensation for such appearances.
7.8 ON CALL FIRE INSPECTOR/DUTY CHIEF: An employee who is assigned to serve as On
Call Fire Inspector/Duty Chief shall receive ten (10) hours of overtime as time-and-one-half for each
seven (7) day period so served. In the event that an On Call Fire Inspector/Duty 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. Effective upon ratification, if the On Call Fire InspectorlDuty Chief is required to be on call on a
holiday, he/she shall receive two (2) hours paid overtime. The shift Captain shall be eligible to be Acting
Duty Chief during special circumstances.
7.9 LIMITATION OF COMPENSATORY TIME: A non-snift 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 granted unless it is unduly disruptive. 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.
7.10 COMPENSATORY TIME USAGE: An employee desiring to utilize accrued compensatory
time shall be required to complete and file a Leave Request form requesting Compensatory leave with the
Chief or his designee not less than one hundred twenty (120) hours five (5) shifts prior to the requested
date(s) of usage, except for holidays. Employees desiring to use compensatory time on a city observed
holiday shall submit a Leave Request not more than fifteen (15) shifts in advance of the holiday request.
On the fifth (5th) shift prior to the holiday, a lottery will be held among the employees who have
submitted a Leave Request for usage of compensatory time for the holiday. It shall be understood that no
more than a full 24 hours aggregate of compensatory leave shall be permitted per shift, regardless of the
number of employees taking time that shift. (EXAMPLE: One (1) employee taking comp time for full
24 hour shift, would count the same as 3 employees, each taking off 8 hours the same shift). Usage of
compensatory time beyond the 24 hours aggregate described above may be granted to other bargaining
unit employees on the same day, unless it would cause overtime. The parties agree that there will be no
forced overtime in order to provide shift coverage due to use of compensatory leave. Except for holidays,
should more than one employee request the same time off, the employee whose form was submitted first
will be granted the compensatory time off.
7.11 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 and/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 assignment.
7.11.1 GENIRAL KIT SAP FIRE RESCUE (CKFR) CONTR:\CT EFFECT ON
MANNINC: \Vhile the CKFR contract is in effect a minimum strength of three (3) officers/acting
Page I)
COLLECTIVE BARGAINING AGREEtvlENT
BY AND BETWEEN THE CITY OF BREtvlERTON and IAFF LOCAL 437
January), 2006 to December 31, 2008
IAFF 2006-2008 Contract for Ratification
officer::;, three (3) Paramedic::; and six (6) Firefighters will be w;ed as a guideline in considering ovcltime
assignmellts-o
7.12 CALLBACK PROCEDURE: 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.
7.13 CALLBACK RECORDKEEPING: ~Ithe Captain/Acting Captain or hi~;/her de~;ignee
shall personally contactffi.g 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 (15) consecutive hours
shall be considered an overtime work opportunity. Upon contacting the 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.
7.13.1 REFUSAL OF OVERTIME: 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. Only one (1) pass per twenty-four (24) hour shall be
permitted.
7.13.2 OVERTIME REFUSAL EXCEPTIONS: 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/standbv 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. ORDERED OVERTIME: 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 paid leave cycle, on a shift trade/standbv cycle, on a Kelly day
cycle, Labor Conferences/Negotiations for the Union Executive Board or on an employee's scheduled
education time.
7.13.3 CHRISTMAS OVERTIME: Overtime on Christmas Day shall not be counted as an
overtime opportunity. All other overtime provisions shall apply.
7.14 EMERG EN CY CALL BA CK: .Qm:.i!}.KliJ.Il.~.~.QLl}i!tlJx{!,JJ?L.m<.!n:::m~g~..g.i~<l2ty.I~QI..~m~rg~n~I~.~,
the Department may feel the necessity that additional personnel are needed. In this event the
Department will activate an "Emergency Call-Back" of personnel. All leaves and time off mav
be canceled bv this type of event that requires man.datory reporting to duty. This section does not
apply to a typical first or second alarm emergency. Wetwithstanding th1:l-pro'lisiol1s of Section 7.9
above, the Fire Chief or the Chief's designee may order personnel back to work for the purpose of
Page 12
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January I, 2006 to December 3 I, 2008
IAFF 2006-2008 Contract for Ratification
re:;pondin;; to emorgencies in :mch number~; and--\.:)y using :;uch mothod:; a:; the Chief or the
Chiefs designee deems appropriate to the ciroumstances.
ARTICLE 8
VACATION LEAVE
8.1 VACATION ACCRUAL: Employee shall accrue vacation leave with pay for all regular hours
worked pursuant to the following schedule:
NON-SHIFT EMPLOYEES
SHIFT EMPLOYEES
Years of VL Hrs Annual Holidays Total VL Hrs Annual Holidays Total
Service Earned per Accrual Earned earned per Accrual Earned
pay pay
Non-shift Shift
emDlovees employees
Hire - 5 yrs. 4.333 hrs 105 hours 88 hours 192 hours 9.066 hours 146 hours 88 hours 324 hours
6th - lOth yr. 5.666 hrs 136 hours 88 hours 224 hours 7.933 hours 190 hours 88 hours 278 hours
Iltn-15tnyr. 7.333 hrs 176 hours 88 hours 264 hours 10.266 hours 246 hours 88 hours 334 hours
16th-20tn yr. 8.600 hrs 206 hours 88 hours 294 hours 12.040 hours 289 hours 88 hours 377 hours
21~ yrs or > 8.666 hrs 208 hours 88 hours 296 hours 12. 133 hours 291 hours 88 hours 379 hours
8.2 VACATION ELIGIBILITY: An employee becomes eligible to take accrued vacation leave
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 month of employment, any accrued vacation leave shall
be forfeited. Vacation leave must be fully accrued prior to the time an employee utilizes any vacation
leave.
8.3 VACATION SCHEDULING: Annual vacation leave shall be authorized by the Fire Chief or
the Chiefs designee. Non-shift personnel shall schedule vacation leave by mutual agreement of the
employee and the Fire Chief or the Chiefs designee. Shift employees shall select their vacation choices
by seniority within shift assignment and through application of the following rules:
8.4 MINIMUM VACATION LEAVE REQUEST - SCHEDULED VACATION: Scheduled
vacation leave shall be taken in a minimum of ~!Leight (8) hour block.JQLt.h.s:_f!L~L~._hQJJrli.QLY..~9-!!H~l.l)
leave scheduled; thereafter, it shall be taken in minimum increments of one (I) hour.s-:
8.5 MINIMUM V ACA TION REQUESTS - SAME DAY REQUESTS: An~r..th~l~..hQJ!r.,."Same
day" vacation leave shall be recorded as actual time taken in a miniulUm of one (1) hour increments. Full
shift requests shall have priority over partial shift requests for on same day vacation leave. Same day
requests for vacation leave will not be granted ifthe shift is at a minimum staffing level.
8.6 VACATION LEAVE SELECTION: Each employee may select vacation leave consisting of
nine (9) connected twenty-four (24) hour shifts plus the employee's regularly scheduled Kelly Day. Two
(2) vacation slots and unused Kelly Days shall be available for pre-selection for each day of the year from
which selections can be made. A lottery shall be held in order to allow employees to compete for the
unused Kelly Days. It shall be understood that employees who receive an unused Kelly Day via lottery,
shall lose the Kelly Day in the event that is subsequently becomes filled due to a new hire or promotion.
8.7 TIMING OF VACATION LEAVE SELECTION: Vacation selections will begin December
1 st by seniority, for the following calendar year. Upon being personally contacted, the employee will be
provided up to twenty-four (24) hours to make his/her selection. Any selection not completed within the
Page 13
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and lAFF LOCAL 437
January 1,2006 to December 31, 2008
IAFF 2006-2008 Contract for Ratification
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. After March 31 SI of any year, an employee may request vacation leave at any time
during the balance of the calendar year, however, approval shall be subject to whether or not the shift is at
minimum staffing on a same day selection.
8.8. CANCELLATION OF VACATION SELECTION BY AN EMPLOYEE: 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, provided however that the shift is not at a minimum on a same day selection. The vacation must
be canceled by the employee not less than 70 hours prior to the stat1 of the scheduled vacation leave. The
canceled vacation slot shall be selected by lottery from the employees on the same shift.
8.9. MAXIMUM VACATION LEAVE ACCRUAL: The maximum accrual of vacation leave that
any employee shall be allowed to carry forward from one calendar year to the next is as follows:
Shift Personnel
Maximum Balance
Years of
Continuous Employment
Non-shift Personnel
Maximum Balance
o through Five (5) years
More than Five (5) years
160 hours
240 hours
210 hours
315 hours
8.10 VACATION LEAVE BALANCE GREATER THAN MAXIMUM ALLOWABLE: 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, any hours in excess of 36
hours shall be paid out in cash at the employee's straight time hourly rate the last pay in January.
Employees will be required to submit a written request to the Fire Chief for vacation payout specifying
the reason(s) for which they have been unable to take vacation leave in order to reduce their balance to
the maximum allowable carryover. An employee whose accrued vacation leave exceeds the maximum
carryover balance plus 36 hours at the end of the calendar year because he/she failed to timely request
vacation leave, or waited until October 1 sl or later to request adequate vacation leave to reduce his/her
balance to the maximum allowable, shall have any excess leave scheduled by the Chief or his/her
designee with 72 hours advance notice, within the months of January, February or March of the following
calendar year. The City find the IAFF agree to evaluate this pro'.'ision at the end of each contract year.
8.11 SCHEDULE CHANGE BALANCE ADJUSTMENT:
8.11.1 NON-SHIFT TO SHIFT: In the event an employee's normal hours of work are
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.
8.11.2 SHIFT TO NON-SHIFT: In the event an employee's normal hours of work are
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 X 1.5 = Employee's Vacation Balance.
8.12 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.
Requests for payment shall be made in writing to the Fire Chief during the I st half of each year (January
151 through June 30th), and may not be used for canceled vacations.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
Page 14
IAFF 2006-2008 Contract for Ratification
8.13 VACATION PAY-OUT: Upon the retirement or termination of an employee who has served
six (6) continuous full months or employment or more, or upon the date of an employee's disability
retirement, the accrued vacation leave of such 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
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving
Christmas
9.2. OTHER HOLIDAYS: 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.
9.3 FLOATING HOLIDAY: Each employee shall be allowed one (1) additional holiday to be
observed by the employee on a day mutually agreeable to the employee and the Fire Chief.
9.4 HOLIDAY COMPENSATION - 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 for 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.
9.5 HOLIDAY COMPENSATION - 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 the vacation leave provisions
set forth in Article 8. In lieu of additional compensation for those employees scheduled to work on New
Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas, the following
will apply: The City will pay 24 hours of straight time pay to all bargaining unit members at their base
salary rate effective as of the date of signing~lIl step Firefighter pay rate; provided that the employee is on
the payroll on 10/31 of the year, and has been working a 24 hour shift position for six (6) months during
that calendar year. The 24 hours' pay will be included in the first pay check in November each year.
N~w...~m121.QY~.~s <!11~n gi!1g..1h~_Ei.r~_A9..~4~.!!ll:'...1>l1al Lb..t,t9..Q.!1'2iller~~L~lJi!l..~l1wJm:..~~.~ fQLlh!'~Q~!J~Jlh
9.6 BtJective January t, 2M,Ithe City will pay all bargaining unit members an additional 24 hours
of straight time the 1 sl pay 9.~s:JLpeflOO in December, in lieu of a reduction in hours, subject to the same
terms and conditions as outlined in the above section.
ARTICLE 10
SICK LEAVE AND INDUSTRIAL DISABILITY
10.1 SICK LEAVE ACCRUAL:
10.1.1 NON-SIDFT EMPLOYEES: 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.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
Page 15
IAFF 2006-2008 Contract for Ratification
10.1.2 SHIFT EMPLOYEES: Effectjve as of April I, 2002, Ithe annual accrual for shift
personnel will be eight (8) hours per pay period. Effective as of the date of signing, new employees hired
~.!!!2~~.Q!!~lUQ"Jh~t da.!.~Ui"l:l~tL~arn 1 0 hoq:nJ2~Llli!y_~[j.QQ.fQLt!1e...firstJ1Y~-<'~l~1.1L9f ~.!!!l210Vln~Jlt a~
long as they are assigned to shift work. Should a shift employee be transferred to a non-shift position at
any time during their tirst five years of emplovment. then the employee will accrue sick leave pursuant to
.~Sl.s::ti9.!LLQ,l.J..!_Partial pay periods will be pro-rated to the closest full hour.
10.2 DONATIONS OF VACATION LEAVE: Donations of vacation leave permit employees to aid
any City employee who is suffering from an extraordinary or severe illness, injury, impairment, physical
or mental condition, or whose spouse or minor children (under the age of 18) are suffering from a life-
threatening injury or illness, or in the event of their death, which has caused or is likely to cause the
employee to take leave without payor 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 or another position with the City or another employer.
10.2.1 ELIGIBILITY: An employees who (1) is suffering from an illness or injury causing his
or her extended leave absence from work, or whose spouse or minor children (under the age of 18) are
suffering from a life threatening injury or illness, or in the event of their death, and (2) who has depleted
or will shortly deplete his or her total available accrued vacation, sick and floating holiday leave, may
request donations of vacation leave.
10.2.2 CRITERIA FOR APPROVAL: A request for donations of vacation leave shall be
submitted to the requesting employee's Department Head accompanied by 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 veritication of the medical condition and time
period involved, the Department Head will recommend the employee's request for donations of vacation
leave be approved by the Mayor. The Mayor will review the request to assure that all ofthe requirements
set forth in this subsection have been met, if so, shall approve the employee's request for donations of
vacation leave.
10.2.3 NOTIFICATION: Upon approval by the Mayor, all City employees shall be notitied of
the approved request for donation of leave.
10.2.4 CONDITIONS OF DONATION: An employee who has been employed for at least six
(6) months who desires to donate accrued vacation leave to a requesting employee will do so as a free and
voluntary act and no duress or coercion shall be placed upon an employee to make such donation of
his/her accrued vacation leave. Employees who are utilizing donated leave to cover their own absences
may not donate leave to another employee until such time as they have returned to their normal schedule,
and any excess donations made to them have been returned pursuant to 10.2.6 below. An employee who
desires to donate vacation leave shall complete a Donation of Vacation Leave Form and submit it to
his/her Department Head. The donated vacation leave will be transferred to the requesting employee's
sick leave balance with the next payroll report. Forms will be date stamped and all time donated shall be
in full hour increments and shall be credited to the employee on an hour-for-hour basis. A monthly
update of the condition of the employee by the attending primary medical doctor shall be required and
furnished to the Department Head.
10.2.5 USE OF DONATED VACATION LEAVE: An employee who has received donated
vacation leave will be able to use the sick leave in the same manner as if he or she had personally accrued
the leave, provided that the use of the sick leave is in conformance with the provisions of this Article.
Page 16
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE ClTY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
IAFF 2006-2008 Contract for Ratification
10.2.6 RETURN OF EXCESS LEAVE DONATIONS: In the event of excess donations
received but not used due to early recovery, resignation, retirement or death, all donations received but
not utilized shall be returned to the donating employee(s) based on the proportion of hours that employee
donated in relation to the total hours donated by all employees (e.g. an employee who donates 50 hours of
450 hours total donated shall be credited with 50/450ths of the hours not utilized). Such returned leave
shall be reflected in the appropriate leave balance as soon as possible. Time donated for this purpose will
not be considered as time used during the donor's performance rating period.
10.3 MAXIMUM SICK LEAVE ACCRUAL:
10.3.1 NON-SHIFT EMPLOYEES: Non-shift personnel shall be allowed to accrue sick leave
up to a maximum of nine hundred and sixty (960) hours.
10.3.2 SHIFT EMPLOYEES: Shift personnel shall be allowed to accrue sick leave up to a
maximum of fourteen hundred and forty (1440) hours.
10.4 SICK LEAVE INCENTIVE:
10.4.1 NON-SHIFT PERSONNEL: 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 firth 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.
10.4.2 SHIFT EMPLOYEE: 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 ofthe following calendar year.
10.5 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:
10.5.1 NON-SHIFT PERSONNEL: Thirty-five percent (35%) of the employee's accrued and
unused sick leave hours to a maximum of35% of960 hours (a maximum total of336 hours) will be paid
to the employee at the employee's regular hourly wage rate in effect at the time of retirement.
10.5.2 SHIFT PERSONNEL: Thirty-five (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 ofretirement.
10.5.3 The Citv agrees to allow LEOFF II members of the bargaining unit to participate in the
_m_..__.__._.w~.~.h.!ng!Qn....~H!~__.(:Qgn~!L..9_LEi.l.~_.- F igJlt~X~..._Meil.i~j)Lh~P.~!1.;;_~_mR:~.j.m!:mI~~.m~.!lLJ~l!:lJ.L(.w.~~.F.F
MERP) and contribute $75.00 per month through a payroll deduction the first (lst) paycheck of
each month.
10.5.3.1 Upon the retirement of aLEOFF n bargaining unit employee, the City
shall remit the following to the WSCFF MERP on behalf oCthe employee:
!.- -Sj~.!L_..!.~!!y.~_....s.~.~h..._._9.1H.._.S;Qn!ri.!;H!tiQ.n~...JQ1:__~,hQ.EF___H._J?~rg<.!ini!!g_.....!1.I!,.i.!
members who retire shall be established pursuant to the IAFF Local
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
Page I 7
IAFF 2006-2008 Contract for Ratification
437's Constitution and Bylaws. On or before December 15th of each year it
shall be the lAPP's responsibility to notify the City, in writing, of anv
changes ~o itB-_~.Ql1stit.!!!iQ.ll...~n(Ll.ti'J~w.LJ~g$lrdj.lJK.th~_.r~q!!i..t~g_..~mploy~~
contribution..
......___l..Q:..~:1..__J~h i s.J2[Qvi?1Q..n-2hillL. notJ!P-.p.1.Y..19._J!ID'_.1EQfE_LQ~r"g~.i!1.!DK..!:lJJiLm..~mQ~I;L~mL.'v.Yi.l..L on I v.
apply to eligible LEOFF [1 members. The WSCFF MERP plan is established in accordance with
applicable federal and state regulations. The $75.00 deduction shall be made on a pre-tax basis
~mJ1~.tmlf oC!h.? emILLQ~.._1QJJ1~...w...s.~lJ..: M E~~,_~rb_~._rrLQ!l~..:'L9.!.:mt!.ih!ltec!J.Q.Jh~..p laIuhalLQnJy
be used for retiree health insurance premiums or health care expenses. These contributions shall
be included as part of salary for the purpose of calculating retirement benefits.
] 0.5.5 Effective Januarv L 2008 the City will contribute $30.00 per month to the WSCFF MERP
for each eligible LEOFF II bargaining unit member.
10.6 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 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.
10.7,..1 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 (1/2) hour to cover an employee's absence from
his/her regularly scheduled work hours due to:
..LQ.,.IL.LJ.11~Lt~mP-Qr..ill:y-di.sab.u.i..tY__Q.L~11_~ml'-tQy~sU~.~!!!!.ing....f[QrrLh~.._mJJ.~.L.m~rSOll~J...1U!..1..y.?-"L..Qr
injury.
]0.7.1.2. Providing care for: a) a child of the employee under the age of 18 when thev have a
health condition that requires supervision or treatment: or b) a spouse. parent, parent-in-law or
grandparent ofthe employee who has a serious health condition or an emergency condition.
] 0.7.1.3 Attending medical. dental and/or oculist appointments as needed for preventive or
rehabilitative health care of the employee or the emplovee's children when such care requires
parental presence to supervise or authorize treatment.
..____..LQJ,l:,,4._lJ.pQ..n..lh~._Qi.rth ..QLmlQP-!.iim_..Ql1Lq~jl..9->-.f!.Jt..~D.11?"!QY~~_..mf!.YJJ_~.~...~~9r..llif..9_~i~..lLl.eaY~._f!m:!tQ]:
vacation leave pursuant to FMLA.
J..QJJ_jJ~.mY..LQ.i.!}g._fi!Js:....fQL~1L~ml2!.Qy'~~) imm~<:!.if!J&ff!mi.!Y_m~mQ~r~;;_prQyj!'l~d..for j!Jms..~~!.jgn
10.7.1.2. when the familv member has a health condition that requires the assistance of an adult
caretaker until such time as other care can be a1Tanged.
10.7.1.6. The employee has the ability to select the type of leave to be utilized except for
themself and family members with medical conditions that qualify for FMLA. which will be
9JJ..<.!~g__(U~f!inst _4.y~i..!i1QJL~iy.k...J~~YL~>;9.y'P-LE)r...l!l~......!2jr!h...m:.J!!'lQPlj~)!LQ_L.~....9..hjJ.Q._!!rtQ.lJ._...\yhi.9.h
vacation leave may be used.
10.7.2+ The temporary disability of an employee resulting from his/her personal illness or injury, or for
their children under 18 who have health conditions requiring supervision or treatment pursuant to WAC
296-30, or for immediate family members pursuant to FMLA.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January \, 2006 to December 3\, 2008
Page 18
IAFF 2006-2008 Contract for Ratification
10. 7 .l~ Eligibility shall be governed by the provisions set forth in Federal or State laws, as
currently written or hereinafter amended.
10.7.1~NOTIFICATION OF SICK LEAVE USE: An employee who is absent or expects to
be absent from work due to causes specified in 10.7.1 above, shall provide notification to the Department
as follows:
10.7.1~.1
ROUTINE APPOINTMENTS:
1O.7.1~.1.1 ANTICIPATED ABSENCE: An employee who schedules a
routine medical, dental or oculist appointment shall make every reasonable effort to schedule such an
appointment on their off duty days. The employee shall give at least seventy-two (72) 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.
1O.7.1:~J..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/her on-duty shift, and must make contact with on-duty personnel.
10.7.3.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE: An employee who
becomes ill or is injured during the employee's paid vacation or compensatory time off may request the
conversion of such paid leave to sick leave with pay by promptly notifYing the Department 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.
10.7.3.4 SICK LEAVE DOCUMENTATION AND APPROVAL: An employee who
has been absent or on sick leave shall, during his/her first shift back to work, be required to 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 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 a Fitness for Duty certification by a professional
physician that the employee is sufficiently recovered as to be able to return to work without posing a
health hazard to himself or herself or to other members of the workforce. Sick leave must be approved by
the Department prior to payment. The Department shall not unreasonably withhold approval of sick leave
with pay from employees.
10.8 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
(6) days for a non-shift employee, or two (2) 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
Page 19
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
IAFF 2006-2008 Contract for Ratification
event of the employee's disability extends beyond a period of six (6) full months and six (6) days or two
(2) shifts, the employees 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 (6) days or two (2) shifts.
10.9 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II AND REGULAR EMPLOYEES: A
regular employee who qualifies for and is included in the Washington State Retirement System
commonly referred to as "LEOFF II', and who incurs a work-related illness or injury shall be provided
with such compensation as is made available through Workers' Compensation benefits as provided by
Washington State Law.
ARTICLE 11
OTHER LEAVE
11.1 BEREAVEMENT LEAVE: An employee will be granted up to ~~ hours of bereavement
leave annually for attending funerals in the state of Washington, but no more than 24 hours per
occurrence, and up to forty-eight (4~J)) hours annually for attending out-of-state funerals for members of
the employee's immediate family. All time off for bereavement leave in excess of ~_.~ 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-Iaw,
brother, sister, brother/sister-in-Iaw, grandparents and grandchildren, step relations as described herein of
both the employee and the employee's spouse.
11.2 JURY DUTY AND WITNESS DUTY: An employee shall be granted leave of absence with
pay for the purpose of reporting to jury duty or serving as a witness in a case relating to their job with the
City, except in those instances where the employee is taking action against the City. Any juror or witness
fees received by the employee for the performance of such duties shall be assigned to the City.
11.2.1 CITY NOTIFICATION: Employee shall be required to notifY the City immediately
upon receipt of written notification from the Court that they must report for Jury Duty or serve as a
Witness as the result of a case related to his or her employment, by submitting a Leave Request form with
a copy of the Jury Duty/Witness Notice attached. Upon telephone confirmation by the Court to report,
the employee shall immediately notifY the on-duty supervisor.
11.3 MILITARY DUTY LEAVE: An employee who presents official orders requiring his/her
attendance for a period of training or other active duty as a member of the United States Armed Forces or
the State National Guard shall be entitled to military leave with no loss of pay for a period not to exceed
fifteen (15) work days for non-shift employees, or 21 calendar days for shift employees, annually.
Authorized leave of absence for additional or longer periods of time for assignment to duty functions shall
be without pay and shall be granted by the City. A non-shift employee receiving up to fifteen (15) work
days or shift employee receiving up to 21 calendar days of training or serving an active duty shall receive
their regular pay and the amount received from the Federal or State government.
11.4 EMERGENCY LEAVE: In the event of an unforeseen emergency or extenuating
.(;:jI99m~tilll~~.~, which requires the absence of an employee such as ~!~~$..~_\ir.9..!J..Q.~P1!;?;;'~~,_.<.:ljIP..Q!:!;?...mHtJQ
extend Bereavement leave. #le-tl:l:ness, injl:lJ"Y or death of a member of an elttployee's immediate family,
the employee shall notifY his or her immediate supervisor as soon as possible.:- of the required absence.
At the emQ1Qyee's discretion, sSuch emergency leave shall be charged to an employoe':; unused
vacation/holiday or compensatory tiffH~ leave balance and the employee will document on a Leave Slip
the reason f'Or the absence.
Page 20
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and lAFF LOCAL 437
January 1,2006 to December 31, 2008
IAFF 2006-2008 Contract for Ratification
11.5 ADMINISTRATIVE LEAVE: Any bargaining unit employee may be placed on Administrative
Leave (leave with pay) for reasons in the best interest of the City and/or employee (e.g. to diffuse a work-
related or personal problem that has the potential for escalation if left unchecked, and/or has a negative
effect on department/division operations, an no other solution is available. The City may require an
.~.mp-lQY~.sU2ILA.!il11inigI]!1i.Y..~.J"y.~~~~Jo be__a vaiIf!Qle QmjngJli~&~IJ1QIrrHtLl.,{Qlli.1i.~_h.s;d ul~.~
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 the employee contributions to 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 of 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. '-:[h~__~ili.Jl.n~L1Q~lAft~..~.llit'-L.m~e..t.inJ Ll\1.~__H:u;t.i.~g~~.J!mt.m!:lJ1JglJJY..fH~I~_~__~mOtL~g.:P-~Y.
reimbursement language on or before October 1, 2006. 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.
13.2.] Effective January L 2007 the City shall pay 100% of the cost of employee onlV' coverage
}01h.J5J!._SJ~!ft!.LA...Q.r..QIQ~J)_Jjy'~ltll ,..Eillcl9-Y~~SQntIjl?!IJiQn...t..Q.\Y~nL~J.~12.~1!1~nL9.QY~I.~g~_.!YitbJ5P.S_.P.J.f!1:L.JJ.
or Group Health will be twentv dollars ($20.0()) per month per dependent to a maximum of sixty dollars
($60.00) per month 101' full family coverage.
13.2.2 Effective January \, 2008, the City shall pay 100% of employee coverage under KPS Plan
A and Group Health and 90% of the cost of the premium for KPS Plan "R" or Group Health for spouse
!!.!.1d/ QI.Q.e_PYI!.g~I!.t,'i.f.Q_Y~mg~.,--.f
Due to continuing significant premium increases for Health Insurance coverage, the City will be working
.\Y.ilh...t.h~..._Qr.5,~qI2Jn~J,!!]JJ~~.._~~.l'9s.ti.m!. Co-'nmi.t@.~_JQ._~ggr.~~~__9.Q~<;g.!JJilln!Jt~1.lt.Jl)~g.~illS;.~.j9.I._g~)Y~mg~s ..f!11g
emplovee contributions.
13.3 DENTAL INSURANCE: The City shall make the same level of benefits as are provided
through Washington Dental Service Plan F dental insurance coverage available to employees and their
Page 21
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
IAFF 2006-2008 Contract for Ratification
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: LEOFF II: Employees will receive $25.00 per month
in lieu of any City contributions toward the cost of premiums for Short Term Disability, Long Term
Disability, and Life Insurance coverage. ~!!ill1.9E~~~ill r~~~.Ly'~_$3~J2!L-per_montb__effe~!J"y!Uh~...l!_~x.!
month following ratification by the Citv.
13.5 INSURANCE RESERVES, REBATES AND SURPLUSES: the City shall require the KPS
medical plan provider to provide a structured accounting to the City as 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 shall be comprised offthe following members: Mayor 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.
__J 3.6 The City will work with the Insurance Selection coqlmittee to bring about a reduction \11
premiums through plan redesign and/or implementation of a cafeteria plan
13.6 WELLNES8PROGRAM: Prior to January 1. 2003, the City"s ~;hall negotiate with KPS to
include medical coverage v.-ith those employees/dependents covered by KPS to include a Wellness
Program benefit for well baby care and preventative care such as PAP smears, mammography {md
PSA testing.
ARTICLE 14
CLOTHING AND UNIFORM CLEANING ALLOWANCE
14.1 PURCHASE OF UNIFORMS: The City shall purchase new and replacement uniforms
required by the 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 who is required to wear a uniform
pursuant to Fire Department regulations shall receive a uniform cleaning allowance of two hundred fifty
dollars ($250.00) 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. Effective Januarv 1,2007, the lAFF waives the Uniform
Clothing Allowance (UCA) contingent upon an equal amount being placed into the Supplies & Services
! in~jt~m_QLth~J2j.!:~J2~Jllir.!m~U1J2.!J.!.h~~.t,.
ARTICLE 15
PERSONNEL PRACTICES
15.1 DEFINITIONS: For the purpose of interpreting the provisions ofthis 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
Page 22
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
IAFF 2006-2008 Contract for Ratification
discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and
Regulations and without recourse to the grievance procedure. Should an emplovee be absent from work
for ..XD.pre th"~ILforty-=.fiy~.J: 45) cQrr~'puti.y~_.4f!y.~_..~..!!~_JQ..J!.!!..jl1D~ss/i.rlj!JIY__<.?J......FMkt.Lk!;!'y_~,__lh~n..._lh..~
~mployee's probationary period shall be extended by an equal amount of ti!ne. Such extension of time
shall also include all periods of light duty wherein the employee is unable to perform all of the essential
9ul~~.QfJ:.h.(;?jQ.h~
15.1.2 PROMOTIONAL PROBATION: A 12-month probationary period commencing upon
the initial date of a regular promotional appointment. A promoted employee who is unable to perform the
duties of the higher level position to which they have been promoted during the probationary period, shall
be returned to his/her previous classification held at the time of promotional appointment at the sole
discretion of the City, consistent with applicable Civil Service Rules and Regulations, and without
recourse to the grievance procedure. Should an employee be absent from work for more than one
hundred and eighty (80) consecutive days due to an illness/iniury or FMLA leave, then the employee's
probationary period shall be extended bv an equal amount of time. Such time shall include all periods of
light duty wherein the employee is unable to perform all of the essential duties of the job.
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 II".
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.
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.
15.1.8 SENIORITY: 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.
15.2 REDUCTIONS AND VACANCIES: All per:;onflel reductions in force and filling of Civil
Service vacancies (those requiring Civil Service testing) shall be handled in accordance with existing
Civil Service Rules and Regulations and shall not be subject to the grievance procedure.
15.3 EVALUATIONS:
15.3.1 NEW EMPLOYEES: Written monthly evaluations shall be completed on each new
employee hired by the Department during his/her probationary period. The purpose of the evaluation will
be to identify an employee's progress and/or areas of deficiency in performing job functions.
Page 23
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 (0 December 31, 2008
IAFF 2006-2008 Contract for Ratification
15.3.2 PROMOTED EMPLOYEES: Employees on promotional probation will be evaluated
quarterly. An employee on promotional probation shall be provided not less than thirty (30) days written
notice to correct deficiencies prior to reducing him/her to their previous classification. An employee on
promotional probation who is demoted due to his/her inability to perform the essential duties and
functions of the position, shall have displacement rights under Civil Service Layoff and Reduction rules;
provided, however, the employee shall have the right to return to his/her former class regardless of
whether or nor a vacancy exists. Provided further, however, nothing in this section prohibits the City
from terminating or demoting an employee on promotional probation for good cause in conformance with
Civil Service Rules.
15.4 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 their recommending steps the employee may take to improve his/her qualifications and skills
for future promotional opportunities.
15.5 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 during 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.
15.6 PARAMEDICfFIREFIGHTER CERTIFICATION REQUIREMENT: An employee who is
hired as a Paramedic/Firefighter shall be required to maintain his/her Paramedic Certification as a
condition of continued employment. Upon completion of six (6) full years of employment as a
Paramedic/Firefighter, except for promotions and special assignments in which the six (6) vear
!~.q!!ir..~1.TIY_nJ......='iQ,!1Lr.1.Q.L...i!p.ply',-_an employee shall become eligible for transfer to a vacant Firefighter
position. Upon completion of five (5) full years of employment as a ParamediclFirefighter, an employee
may present the Fire Chief with a request to be transferred from a ParamediclFirefighter position to a
vacant Firefighter position at the earliest opportunity. The Fire Chief shall approve Paramedic/Firefighter
requests to transfer vacant Firefighter positions on the basis of seniority of continuous service with the
Bremerton Fire Department among all requesting ParamediclFirefighters. An employee transferred to a
vacant Firefighter position shall have his/her pay rate set at a Firefighter pay rate as of the effective date
of the transfer. This section shall not apply to Special Assignments to Equipment Maintenance, SCBA,
Fire Prevention or any other Special Assignments that may be added b'om time to time at the Chiefs sole
discretion based upon the needs of the department.
15.7 T&\NSITION TO PARA.MEllIe: ;\ non probationary Firefighter v.ho tmnsition~; to
Firefighter/Paramedic shall romain in the Firefighter/Paramedic olassificntion for not les~; than four (4)
years, except for promotional opportunities. Should an employee fail to retain his/her Paramedic
certification, thoy ~;hall bo dovmgraded to the Firefighter classification.
NEW 15.7 PARAMEDIC PAY/STEP INCREASES: a Fire fighter who transitions to Fire
Eighter ~P..illJ!mf;fQi9.Jl!JIing.hifu:'11~.rjlr~1...fjy~d~tY~,.mLQf~mJ21 ()Vm~nt..J.yj.tI]...1J.~J;1r.~.m~19nmEirs:_..Q~j2m:tm~n!
shall be eligible to receive annual step increases based on the emplovee's anniversarv date as a Fire
fighter. The transitional employee shall be eligible for Fire Fighter/Paramedic wages when authorized by
!h~...M.~~U.~.i!LP.r9."grm!lQ.i.r~9H2rJ9Jm!.~lis&illi_<.'I....~Q!g.l<.lr!:!.m~.gi..~:...Jin9-Qrp..Qmt~t'J~.QIJ.....Qf9..!2..Q!Q.?.2
ARTICLE 16
PROMOTIONAL EXAMS
16.1 PROMOTIONAL EXAMINATIONS: The Civil Service Rules shall apply to the
conduct of promotional examinations in all respects and shall be administered under the control of the
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 3 I, 2008
Page 24
IAFF 2006-2008 Contract for Ratification
Civil Service Officer. including the posting of the examination announcement and bibliography. the
determination as to whether or not an emplovee is qualified to participate in the examination process.
f!I!!lJ;b~lt~!WJJ;!I!~e oC4.PpJi'fJ~Ji9.JJJL911..._9Lll~fQ!:(;UJ1~U29~t~~:tsJg~_h1K..ili}!~._AnY-P-.9rtimu?.L Sll;9..h......B.ll!~~
which are in conflict with the provisions of this subsection shall be handled in conformance with the
following sections. excepting that any p0l1ion of such Rules .....hich are in conflict v.ith the pro'.isions of
this subsection shull be handled in conformance with the following:
16.2 MAINTENANCE OF ELIGIBLE REGISTERS: Eligible registers for Fire Lieutenant and
Fire Captain shall be maintainedJn~_.J.!l_~.J;;;J.Y.U S~!Y.!.9~..Qff!.f~r on a continuous basis irrespective of
available vacancies. Testing for the positions of Battalion Chief, Medical Officer and Fire Marshall shall
be conducted eooe only when a position becomes available.
16.3 WRITTEN PROMOTIONAL EXAM/BIBLIOGRAPHY:
Effective Janu8r)' 1,2003, Ithe written portion of the promotional examinations for Fire Lieutenant and
Fire Captain will be given between February 18th and February 28th in odd/even years. A bibliography
of reading material will be issued six (6) months prior to the written examination. The Department will
supply one (1) set of reading material as listed on the bibliography per fire station. Such reading material
will remain at the station. The Department shall not be held resl*ffl5'ible for the loss of the readffig
materia I from any station. _....lnJh(;U~y~.!H th~.1....!LgrJ.~_y.f!:n.9sd.?J}l~_~Ll2rior J.Q.J!'I}L129Jj:iQ!L~1L~x~JJJjmttiQ!1W
@garding a non-Civil Service issue. then the Civil Service Officer may postpone the testing until such
time as the grievance has been resolved.
16.4 CRITERIA FOR OPEN EXAMINATIONS: Open promotional examinations will only be
administered to qualified bargaining unit members who have submitted the required application
12;:mgrwor1L!?...I1..~rJ?_~Qr~_.tl~__ll-Q?J~gsLQ_$..iJ11Lq.:n~. However, when less than three (3) applications are
received from qualified bargaining unit members, the examination may be announced and administered to
external candidates as well.
16.5 CRITERIA FOR EXAMINATION CONTENT: Promotional examinations shall include a
written and oral portion, and shall test for only the knowledge and abilities, which are included in the
current classification specifications for the position being tested.
16.6 EXAMINATION SCORING: Examinations shall be scored as follows: (All scores on
examinations shall be rounded to the nearest one-tenth of a point.)
16.6.1 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.
16.6.2 Oral portion: Maximum of 50 Points
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 educational achievements along with the
panel's rating on the applicant's performance in the oral portion, which 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.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
Page 25
IAFF 2006-2008 Contract for Ratification
16.6.3 Experience Rating: Maximum of 10 Points
Each applicant shall receive .5 (1/2) point for each fuII twelve (12) months of employment with
the Bremerton Fire Department based upon the date the written examination is conducted, up to a
maximum of 10 points. Periods of employment which are less than twelve (12) full months, shall
not be credited in computing the experience rating.
16.6.4 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.
16.6.5 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.
16.7 All offers, acceptances and declinations of employment for promotional positions only shaII be
made in writing.
16.8 During the life of this Agreement, the parties shaII meet in a labor management forum to discuss
the above language covering promotions.
16.9 PROMOTIONS FROM FIRE FIGHTER TO P ARAMEDICIFIREFIGHTER: A
Firefighter may be promoted to Paramedic/Firefighter (PM/FF) under the following conditions:
16.9.1 The Employee must successfulIy complete a Paramedic training program approved by the
Fire Chief.
16.9.2 The employees must have a ParamediclFirefighter certificate issued by the Kitsap County
Medical Program Director.
16.9.3 The Fire Chief must approve the promotion.
16.9.4 The promotion shaII take effect on the first day of the pay period after satisfying the
above conditions. For promotions to PMlFF, the employee's step increase date will be changed to the
effective date of the promotion.
16.9.5 TRANSITION TO PARAMEDIC: A non-probationarv Firefighter who transitions to
Eir.5!fight~LPJ!rm:!.ledi9-.~llilU..$J!lJli.nj!Ub~I:J!~fight~x!Paramedj~...9..ill~1ijfi.~1!ti.Qn.iQ[_nQ.L~~;;_.t.h!:l!LfQ!J.LW
years. excmt for promotional opportunities and/or assignments. Should an emplovee fail to retain his/her
Paramedic certification, thev shaII be downgraded to the Firefighter classification.
16.10 Newly appointed Lieutenants and Captains shalI:
16.10.1 Complete Fire Command Administration core curriculum or equivalent within thirty (30)
months of appointment to the rank of Lieutenant or Captain, or
16.10.2 Complete an officer development program as determined by the Joint Labor
Management Committee.
16.10.3 Exceptions shall be referred to the Join Labor Management Committee. The City shall
reimburse the employee for tuition, books and lab fees. All materials purchased by the City shall remain
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,200610 December 31, 2008
Page 26
IAFF 2006-2008 Contract for Ratification
the property of the City. The City shall make a reasonable effort to provide employees with time off work
to attend classes.
ARTICLE 17
17.1
DEFINITIONS:
17.1.1 GRIEVANCE: A grievance is an alleged violation of the express terms and conditions
of this Agreement which is to be resolved through this Grievance Procedure.
17.1.2 CIVIL SERVICE APPEAL: An appeal is an alleged 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.
17.1.3 UNFAIR LABOR PRACTICE: An Unfair Labor Practice charge is an alleged violation of the
Washington State statutes governing public employment labor relations which is to be resolved through
the Public Employment Relation Commission's (PERC) rules and regulations and is not resolvable
through the Grievance Procedure.
17.1.4 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 upon which the employee could reasonably have
been expected to know of such action. Ih~m_~mJ2lQ'y~e shillL~Q.yiseJh~...$.!:!..QITyl$_QrJ.b~_.sectiQnJ9.r ~_~tiQ..m}
of this Agreement which is alleged to have been violated, an explanation of the grievance, and the remedv
sought. The employee shall have the right to be assisted by an authorized Union representative if so
requested, during this discussion.
17.1.5 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 supervisor's Captain, Assistant Chief, or the Fire Chief, whichever is
appropriate, within fourteen (14) calendar days of the date of the employee met with his/her immediate
supervisor. The Captain, Assistant Chief, or the Fire Chief, whichever is appropriate, shall meet with the
employee and the employee's Union representative within fourteen (14) calendar days after the receipt of
the written grievance for the purpose of considering the matter. The Lieutenant, Captain, or Fire Chief, as
appropriate, shall reduce his/her decision to writing and shall transmit the decision to the employee flD..<iI9.
one of the principal officers in person, by regular mail, certified mail and email, with a copy to the Union
representative within fourteen (14) calendar days of meeting with the employee and the Union
representative._.__.Ih~_gri~"y~nc(!..J:Y.i!.L all;tQ.!]l::!!i~ill.!Y_.fl.g..Ym.!.f...~....JQ.Jh~.mD_~L~t.~p'jn.J.h~.._..Qr9C~5..~_.LCJ.h~..~i!Y~1i
representative does not respond within the required time limits.
17.1.6 STEP 3: In the event that the Captain, Assistant Chief, or Fire Chief, as appropriate,
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
Chiefs written response to the Human Resources Manager and the Mayor within fourteen (14) calendar
days of receipt of the Fire Chiefs written response. The Human Resources Manager shall consider the
grievance and may convene a meeting with a member of the Union executive board in an attempt to
Page 27
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
IAFF 2006-2008 Contract for Ratification
resolve the grievance. The Human Resources Manager shall reduce his or her decision to writing within
fourteen (14) calendar days of receipt ofthe grievance and transmit the decision to the Union.
17.1.7 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 within fourteen
(1) 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 request a panel of
nine (9) arbitrators from PERC.
17.2 GRIEVANCES FOR SUSPENSION AND/OR DISCHARGE: In the case of suspension
and/or discharge, Step One (1) of the grievance procedure shall be waived and the grievance shall proceed
to Step Two (2) with the Fire Chief.
17.3 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 or in any other way alter or
recommend the alteration of the terms and conditions ofthe 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.
17.3.1 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.
17.3.2 TIME LIMITS: Time limits established in this procedure shall be strictly adhered to,
but may be waived by mutual agreement ofthe Union and the City. All procedures contained herein shall
be complied with as expeditiously as practicable.
ARTICLE 18
SEVERABILITY
18.1 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 19
ENTIRE AGREEMENT
19.1 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 20
CONFLICTING PROVISIONS
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 3 I, 2008
Page 28
IAFF 2006-2008 Contract for Ratification
20.1 In the event that any provision of this Agreement is found to be in conflict with any other
resolution, ordinance, policy, regulation or rule of the City, the provision of this agreement shall prevail.
ARTICLE 21
DRUG FREE WORKPLACE
21.1 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.
21.2 The unlawful manufacturing, distributing, dispensing, processing, or using of a controlled
substance of alcohol in the work place is prohibited. Reporting to work under the influence of a
controlled substance or alcohol is prohibited.
21.3 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.
21.4 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.
21.5 All employees will be fully informed of the drug and alcohol-testing article. Employees will be
provided with information concerning the impact of the use of alcohol and drugs on job performance.
Supervisors will receive training in recognition of signs and systems 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.
21.5.1 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 of 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.
21.5.2 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.
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.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31,2008
Page 29
IAFF 2006-2008 Contract for Ratification
21.5.3 The collection of the samples will be performed by a laboratory and/or by a health care
professional qualified 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. The employee will not consume any food or liquids until after
the sample is taken.
21.5.4 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.
21.5.5 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.
21.5.6 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.
21.5.7 All samples must be stored in a scientifically acceptable preserved manner consistent
with NIDA standards.
21.5.8 The laboratory will test for only the substance 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 100 ng/ml
Cocaine metabolites 300
Opiates metabolites (1) 300 nglml
Phencyclidine 25
Amphetamines 1,000 nglml
CONFIRMATORY TESTING
Marijuana metabolites (I) 16 nglml
Cocaine metabolites (2) 150 nglml
Opiates
Morphine 300 nglml
Phencyclidine 25ng/ml
Amphetamine 500 nglml
Methamphetamine 500 nglml
De lta- 9-tetrahydrocannabino 1-9carboxy I ic acid
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
Page 30
IAFF 2006-2008 Contract for Ratification
If confirmatory testing results are negative, all samples will be destroyed and records of the testing
expunged from the employee's file.
21.5.9 Reporting for work with any measurable amount of alcohol in the bloodstream (Le. 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.
21.5.10 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 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 exposure ofthe 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 to the tested employee when a confirmed positive test could have resulted from
legally prescribed medication.
21.5.11 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.
21.5.12 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 an
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.
21.5.13 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 an
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 leave or donated
leave. In this case the employee will be evaluated by a licensed drug/alcohol evaluator, nor 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
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
Page 3 ]
IAFF 2006-2008 Contract for Ratification
rehabilitation program may be re-tested randomly a maximum of four (4) times a year for the following
two (2) years.
21.5.14 Employees who enter and successfully complete a rehabilitation program on their own
initiative may not be subjected to re-testing, except as provided in this section. The treatment and
rehabilitation will be paid for by the City only to the extent that coverage may be provided by the
employee's medical insurance program through the City. 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 (I) random test during the following
twelve (12) months.
21.5.15 Periodic progress reports from the attending health care practitioner will be provided to
the City stating the prognosis of when the employees should be able to return to his/her regular duty
assignment.
21.5.16 If an employee tests positive during the two (2) 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 by insurance, which arise from this additional counseling or treatment. This section
does not apply to employees in rehabilitation programs pursuant to Section 20.5.10.
21.5.17 Once an employee successfully completes rehabilitation, he or she will be returned to
his/her regular duty assignment.
21.5.18 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.
21.5.19 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.
21.5.20 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.
21.5.21 The drug-testing program was solely initiated at the request of the City. The Union will
be held harmless and indemnified, including the cost of attorney's fees, for the violation of any
employee's rights by the City arising from the administration of this testing process.
21.5.22 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.
21.5.23 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 22
DEFERRED COMPENSATION
Page 32
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
IAFF 2006-2008 Contract for Ratification
22.1 Effective January 1,2002, the City shall match the payroll deduction of any written request by an
employee covered by this Agreement, in an amount not to exceed one hundred eighteen dollars and no
cents ($118.00) or three percent (3%) of :;alary, whichever is greater.
22.2 Effective January 1,200'1, Ithe City shall match the payroll deduction of any written request by
an employee covered by this Agreement, in an amount not to exceed three and one-half percent (3.5%) of
salary .
~JJ.__....J~.ff~.9.JiY~JanJ-li!!y.J, 20~8, the_C.i!y._~h_<!lLmilt~hJ1:!.!::_p'~YX~.?H_.gS1Q!:!9JiQJl_9Lmll'..YYLt!.~ILL~m!~.~tl?y._l!!1
employee covered by this Agreement in an amount not to exceed four percent (4%) of salary.
22.:1; Effective .fanuul)' I, 2002, LEOFF I bargaining unit members who have completed 25 or more
years of service with the City will no longer be required to make a matching contribution, and may elect
to have all or part of the City's maximum contribution converted into longevity in lieu of Deferred
Compensation.
22._~4 Effecti'/e .fanual)' 1, 2002, LEOFF II bargaining unit members who are a minimum of 45 years of
age and have completed 15 or more years of service with the City will no longer be required to make a
matching contribution, and may elect to have all or part of the City's maximum contribution converted
into longevity in lieu of Deferred Compensation.
22.~S. CONVERSION TO LONGEVITY: Employees may elect, by notifYing the City in writing on
an annual basis, that they wish to convert all or a portion of the City's contribution to their deferred
compensation to longevity. Such conversion shall only be permitted in one-half percent (1/2%)
increments. Once an employee has selected to make the conversion from deferred compensation to
longevity, they will not be permitted to make any changes whatsoever to the percentage converted, for a
full l2-month period.
ARTICLE 23
LABOR MANAGEMENT COMMITTEE
23.1 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
(1/2) of a Labor-Management Committee, the other half being no more than (3) certain representative of
the Employer named for that purpose. The Committee shall meet as necessarv or at the request of either
party at least once evel)' 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 draft of the minutes of the
meeting to the Union's committee within two (2) weeks of the meeting. At the Committee's discretion,
additional meeting::; may be held. The Committee shaIl be chaired by a member elected by the
Committee.
23.2 MULTI.JURISDICTIONAL TRAINING: In the event that multi-iurisdictional training is
?f.h~Q.lll~Q..gJ.Ll!_~.ill!!!'_9.~Y...Jh.t,L~h i~LQI..b..Ji_~i~!anL~h.!.~.f ~hf!H>-_.1:!~~9.Q!U!~_P.l1!.~.ti9.up'Jy_Jlss.mm::H!11 i 9.~tism.JQ
the Union in writing, a non-arbitrarv necessity for the training and 2) communicate to the Union, in
writing, a non-arbitrary necessity for the training on a Saturday (as opposed to any other dav),
23.2.1 The determination of the department on items 1) and 2) above. shall be subject to
the grievance procedure of the CBA.
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
Page 33
IAFF 2006-2008 Contract for Ratification
23.2.2 While such multi-iurisdictional training. may increase the productivity hours 1'01:
that event, it is not the intent of this agreement to increase productivity hours as a matter of general
P9J.!.~..Y"_iln~9.n;>9I'-!t~~JDJ.L9.f M f!y__':h.]_QQ.~}
23.2 Should the Union and Employer mutually agree to change, add, or delete any provision of thi:;
Agreement, policies, rules or other matters, such change shall be set forth in writing.
23.3 ADDING (3) LIEUTENANT POSITIONS AND DELETING (3) FIRE FIGHTER
POSITIONS: After formal ratification by both patties, three (3) Lieutenant positions will be added and
tbI~~_..Ql.Iig~fiwS!.Lp.9si!iQ!!s wilU2~_~lim i.m.tted.,.
ARTICLE 24
TEMPORARY FIREFIGHTER PROGRAM
21.1 During the term of this agreement, the Emple-yer may implement a "temporary" firefighter
program. Prior to implementation, the Employer will meet with the Union to negotiate the impact on
employees of such a program.
ARTICLE 2:!~
PHYSICAL FITNESS PROGRAM
21~.1 The Union and the Employer shall work cooperatively in the Joint Labor Management
Committee and continue to develop and refine the physical fitness program.
ARTICLE 2~'
TOBACCO FREE WORK PLACE
2~6.1 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 2~+
DISCIPLINARY ACTION
2~.1.1 Disciplinary action, as defined by the Civil Service Rules as now stated 9L~~...ef 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 either in the Civil Service
Rules, or grievance procedure. The employee selection of one procedure shall preclude the use of the
other.
ARTICLE 218
TERM
218.1 The terms of this Agreement shall be in effect upon January I, 200~.~, unless otherwise provided
within the terms of each Article, and shall remain in effect through December 31, 200li~. Negotiations
for a successor agreement shall commence no later than August 1, 2005. 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
, 2002~.
CITY OF BREMERTON:
IAFF LOCAL #437
Carol S. Conley
Manager of Human Resources
Todd Thorsen
President
Page 34
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31, 2008
IAFF 2006-2008 Contract for Ratification
Allison Duke III
Fire Chief
Cary Bozeman, Mayor
ATTEST:
Paula Johnston K-athleen McCluskey
City Clerk
ROQ A~bJJlJK~_Gm)' B(r.vman
Vice President
Doug Baier
Secretary-Treasurer
APPROVED AS TO FORM:
Roger Lubovich
City Attorney
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437
January 1,2006 to December 31,2008
Page 35
Average Shift Hours/year
Average Shift Hours/Wk
IAFF PAY RATES
EFFECTIVE 1-1-2006
2,610
50.19
General 2.500%
Mar1<et 1.500% Compounded Increase
4.0375000000
Shift hourly calculated as specified in contract.
Step 1 Step 2 Step 3 Step 4 StepS Step 5+1.25% Step 5 + 2.5% Step 5 +3.75% StepS + 5% Step 5 + 6.5%
POSITION BASE @70% @75'10 @85'10 @90% 12 mos. 6-10th Yrs. 11-15thYrs. 16-2Oth Yrs. 21-25th Yrs. 26 Yrs. +
12 mos. 12 mos. 12 mos. 12 mos.
Firefighter Annual 45,041.76 48,258.96 54,693.36 57,910.80 64,345.20 65,149.44 65.953.92 66.758.16 67,562.40 68,527.68
Monthly 3,753.48 4,021.58 4,557.78 4,825.90 5,362.10 5,429.12 5,496.16 5,563.18 5,630.20 5,710.64
Semi-Mo 1,876.74 2,010.79 2,278.89 2,412.95 2,681.05 2,714.56 2,748.08 2,781.59 2,815.10 2,855.32
Shift/Hourly 17.26 18.49 20.96 22.19 24.65 24.96 25.27 25.58 25.89 26.26
Shift/Overtime 25.89 27.74 31.44 33.29 36.98 37.44 37.91 38.37 38.84 39.39
Firefighter (assigned to Equip.Maint. Or SCBA) Annual 46,843.20 50,189.28 56,881.20 60,227.04 66,918.96 67,755.36 68,592.00 69,428.40 70,264.80 71,268.72
Monthly 3903.60 4182.44 4740.10 5018.92 5576.58 5646.28 5716.00 5785.70 5855.40 5939.06
Semi-Mo 1,951.80 2,091.22 2,370.05 2,509.46 2788.29 2,823.14 2,858.00 2,892.85 2,927.70 2,969.53
Shift/Hourly 17.95 19.23 21.79 23.08 25.64 25.96 26.28 26.60 26.92 27.31
Shift/Overtime 26.93 28.85 32.69 34.62 38.46 38.94 39.42 39.90 40.38 40.97
Paramedic/Firefighter Annual 50,671.92 54,291.36 61,530.00 65,149.44 72,388.32 73,293.12 74,197.92 75,102.96 76,007.76 77,093.52
Firefighter (assigned to Fire Prevention) Monthly 4222.66 4524.28 5127.50 5429.12 6032.36 6107.76 6183.16 6258.58 6333.98 6424.46
Semi-Mo 2,111.33 2,262.14 2,563.75 2,714.56 3016.18 3,053.88 3,091.58 3,129.29 3,166.99 3,212.23
Non-Shift Hourly 24.36 26.10 29.58 31.32 34.80 35.24 35.67 36.11 36.54 37.06
Non-Shift OT 36.54 39.15 44.37 46.98 52.20 52.86 53.51 54.17 54.81 55.59
Shift/Hourly 19.42 20.80 23.58 24.96 27.74 28.08 28.43 28.78 29.12 29.54
Shift/Overtime 29.13 31.20 35.37 37.44 41.61 42.12 42.65 43.17 43.68 44.31
Fire Lieutenant Annual N/A N/A N/A N/A 73,997.04 74,922.00 75,846.96 76,771.92 77,696.88 78,806.88
Monthly N/A N/A N/A N/A 6,166.42 6,243.50 6,320.58 6,397.66 6,474.74 6,567.24
Semi-Mo N/A N/A N/A N/A 3083,21 3,121.75 3,160.29 3,198.83 3,237.37 3,283.62
Shift/Hourly N/A N/A N/A N/A 28.35 28.71 29.06 29.42 29.77 30.20
Shift/Overtime N/A N/A N/A N/A 42.53 43.07 43.59 44.13 44.66 45.30
Fire Captain Annual N/A N/A N/A N/A 82,361.76 83,391.36 84,420.72 85,450.32 86,479.92 87,715.20
Fire Captain-Deputy Fire Marshall Monthly N/A N/A N/A N1A 6,863.48 6,949.28 7,035.06 7,120.86 7,206.66 7,309.60
Fire Captain-Medical Officer Semi-Mo N1A N1A N/A N1A 3431.74 3,474.64 3,517.53 3,560.43 3,603.33 3,654.80
Non-Shift Hourly 39.60 40.09 40.59 41.08 41.58 42.17
Non-Shift OT 59.40 60.14 60.89 61.62 62.37 63.26
Shift/Hourly N1A N/A N/A N1A 31.56 31.95 32.35 32.74 33.14 33.61
Shift/Overtime N1A N1A N1A N1A 47.34 47.93 48.53 49.11 49.71 50.42
Battalion Chief Annual N1A N/A N1A N1A 85,900.80 86,974.56 88,048.32 89,122.08 90,195.84 91,484.40
Monthly NIA N1A N1A N1A 7,158.40 7,247.88 7,337.36 7,426.84 7,516.32 7,623.70
Semi-Mo N/A N1A N1A N1A 3579.20 3,623.94 3,668.68 3,713.42 3,758.16 3,811.85
Non-Shift Hourly 41.30 41.81 42.33 42.85 43.36 43.98
Non-Shift OT 61.95 62.72 63.50 64.28 65.04 65.97
Shift/Hourly N1A N1A N1A N1A 32.91 33.33 33.74 34.15 34.56 35.05
Shift/Overtime N1A N1A N1A N1A 49.37 50.00 50.61 51.23 51.84 52.58
Step 1 Step 2 Step 3 Step 4 StepS Step 5 1.25% Step 6 Step 6 1.25% Step 6 2.5% Step 6 3.75% Step 6 5.0% Step 6 6,5%
BASE 12 mos. 12 mos. 12 mos. 12 mos. 12 mos. 6-9Yrs 10 Yrs. 10yrs 11-151h Yrs. 16-2Oth Yrs. 21-251h Yrs. 26 Yrs. +
Continuous Paramedic/Firefighter Annual N1A N1A N/A N1A N1A N/A 73,997.04 74,922.00 75.846.96 76,771.92 77.696.88 78,806.88
Monthly N1A N1A N1A N1A N1A N1A 6,166.42 6,243.50 6,320.58 6,397.66 6,474.74 6,567.24
Semi-Mo N1A N1A N1A NIA N1A N1A 3,083.21 3,121.75 3,160.29 3,198.83 3,237.37 3,283.62
Non-Shift Hourly N/A N1A N1A N/A N/A NIA 35.58 36.02 36.46 36.91 37.35 37.89
Non-Shift OT N1A N1A N1A N/A N1A N/A 53.36 54.03 54.70 55.36 56.03 56.83
Shift/Hourly N1A N/A N/A N1A N1A N/A 28.35 28.71 29.06 29.42 29.77 30.20
Shift/Overtime N1A N/A N1A N1A N1A N1A 42.53 43.07 43.59 44.13 44.66 45.30
August 28,2003
Annual rate is approximate
R:\Human Resources\HR\Human Resources\Contracts\lAFF\2005-2007 Contract\2006-2008 Contract for ratification\OfficiallAFF Appendix A -2006 2006 6/14/2006 3:19 PM
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
ot.-
BILL#'a.c
DATE SUBMITTED:
lie-
........................................................................................
SUBJECT:
EMERGENCY RESOLUTION #2998
Glenn Jarstad Aquatic Center Boiler
Replacement
Committee Meeting Date: June 14,2006
COUNCIL MEETING Date: June 28, 2006
Department: Parks and Recreation
Presenter: JeffElevado
Phone: 473-5428
SUMMARY: The hot water boiler serving the Glenn Jarstad Aquatic Center has failed and requires
replacement in order to prevent extended interruption in service and loss of critical seasonal program
revenues and access.
Capital funds are available in the 2006 Aquatic Budget to complete this project.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount): $100,000.00 <.:...-r'Ml.-\\'J ~.... 'o,,~<!.\- "=-\J\- ~Q""
\~~... V'Q..\>\M(?"""-e__~ - \JOoo,Io..,\C) ~I!. V-S Cu".. .),.\...".~ ~ ""~.,.~ f"a\',:,,. \....~\.e~. '-'-~
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Mo'J e.. -to 't>,).'!:IS ')2<L$o\..:A:,o_ ND. 2. "19 ~ 4._A'\..o-<\~\""'5
~ ",^-a..~o< -\-0 -'r.~ \."^""'-",",,-iL~"""~~ a..<-~,o,,- \ "^^-~~\~ C2.,^,^,"'~Q,.,",-("'~
'rei_:? ~, \,('" '.S. ~ c ~ \. G.. ""- ::r ~ '<"S~~ A ~ "-l> ~\<... c..G.. '-'-+l2..Y" . -.) _
COUNCIL ACTION: 0 Approve 0 Deny 0 Table 0 Continue 0 No Action
I CONSENT AGE~A 0 I
..
t
RESOLUTION NO. 2998
A) RESOLUTION of the City Council of the City of
Bremerton, Washington declaring that an emergency condition
exists and authorizing the Mayor to take necessary steps to replace
the boiler at the Glenn Jarstad Aquatic Center as provided in RCW
39.04.280(1)(c) and BMC 2.76.130.
WHEREAS, in January of2006 cracks in the Glenn Jarstad Aquatic Center boiler
water tubing were repaired. At the time of the repair an inspection of the boiler indicated
replacement would be needed sooner than anticipated; and
. WHEREAS, in early June 2006, new leakage was discovered and the boiler has
been "Red Tagged" by the State inspector; and
WHEREAS, since long term repair of the 1979 boiler is not possible, thetpark and
Recreation Department is requesting an emergency authorization to waive the bid process and
authority to expend budgeted capital funds not to exceed $100,000 for the purpose of purchasing
and installing a replacement boiler; and
WHEREAS, without immediate action to cause the replacement, the failure of the
boiler creates a situation where public health, safety and welfare are endangered; and
WHEREAS, RCW 39.04.280(l)(c) specifically authorizes a municipality to
waive competitive bidding requirements for purchases in the event of an emergency; and
WHEREAS, BMC 2.76.130 authorizes the Mayor to take action and enter into
contracts to purchase, lease or rent without strict compliance with the purchasing requirements in
the event of an emergency requiring immediate action; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That an emergency condition exists pursuant to RCW
39.04.280(l)(c) and BMC 2.76.130 due to unforeseen circumstances beyond the control ofthe
City that presents a real, immediate threat to the proper performance of the Glenn Jarstad
Aquatic Center and will likely result in material loss or damage to property if not immediately
acted upon.
SECTION 2. Subject to the Financial Services Director's and City Attorney's
approval, the Mayor is hereby authorized to award all necessary contracts on behalf of the City
I
Glenn Jarstad Aquatic Center Boiler
Emergency Resolution
in order to effectively respond to this declared emergency, including the replacement of the
boiler at the Glenn Jarstad Aquatic Center, in an amount not to exceed $100,000.
SECTION 3. Competitive bidding requirements are hereby waived and are not
required for securing contracts for materials, goods, equipment and services necessary to respond
to the emergency referenced in this resolution.
SECTION 4. Severability. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 5. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council ofthe City of Bremerton, Washington this _ day of
, 2006.
CECIL McCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
PAULA JOHNSTON, City Clerk
R:\Legal\Legal\Resolutions\Parks\Boiler Replacement Emergency Resolution.doc
2
Glenn Jarstad Aquatic Center Boiler
Emergency Resolution