Loading...
HomeMy WebLinkAbout07/05/2006 AGENDA 'cm-----~~-- --- --'-'") II - ' h 'I ii ','i ,~.. Ii II e I; :1 ii ir=~-,,:o~;-@;'---"i :~~1.\JjJ~Xl\?J.r,fll! lL . _c- _~_ _,_,_ . ~J f'"MIL CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280 ***AMENDED*** JULY 5, 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 2. CALL TO ORDER: 5:30 P.M. in MEETiNG CHAMBERS lOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION & ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register (#AB06-140) B. Meeting Minutes - June 28, 2006 (#AB06-141) C. Collective Bargaining Agreement between the City of Bremerton and Teamsters Local No. 589 (#AB06-142) 6. GENERAL BUSINESS A. Bid Award and approval of contract with BERSCHAUER PHILLIPS CONSTRUCTION COMPANY for the Bremerton Police Department remodel and addition at Burwell & Chester (#AB06-143) B. Ordinance No. 4975, 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 Item was originally scheduled June 28, 2006 (#AB06-138) C. Appointment of Development M::m:1ger :1t :1 step higher than R:1te 1 in P:1Y B:1nd 15 of the 2006 Management Salary PI:m; and adjustment of the Planning Manager to Rate 1 in Pay Band 15 of the 2006 Management Salary Plan (1IAB06 111) Item pulled_.. 7. PUBLIC HEARINGS A. Ordin:1nce No. 1968, authorizing exemptions from ad 'Jalorem property taxation for ne-f: multi family housing in designated centers Item vot3s originaJly schedu!od Apri! 19, 2006; aRd discussed at:J study Session May 9, 2006 (1I1\B06 083) Item postponed... 8. COUNCIL r~'E~i8ER REPORTS 9_ ADJOURr~r~lEf~T OF C~TY COUr~CIL BUSn\~E_SS_ f~eET!N~ 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 Mondfllf orec:edinQ the Counc:i! meetinQ_ CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT C~V'~~ R Ov~ t~ \Tv - ([h ~ (lamen-b - fh f- T ~ fWu( -4f: 4 q 0 g J OAJ 0-h htZniL~ ~, ( ( ~~-'- ~ BILL # tX .-/y{) DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL SA ......................................................................................., SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: (f J itJ,tJ-; d.. oD (0 F nanci 1 Services Cathy Jolmson SUMMARY: ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA \ZJ \ /1 5L~0,;,~i( RECOMMENDED MOTION: Move to approve: 1) Check #'s :3 0,9.57::2 - 30'17'3 Y EFT's 907Cf~ /~ $ 005 10;((. /C/ / 2) Regular Payroll for 3) Retiree Payroll for {,- '35-o~ $ $ 90( ~~.. v~ COUNCIL ACTION: ~ove o Deny 0 Table o Continue 0 No Action DATE SUBMITTED: tp/:;...q /00 AGENDA BILl, CITY OF BREMERTON CITY COUNCIL BILL # Dl).- 1+( 58 ........................................................................................ SUBJECT: Minutes of Meeting - JU he- 2-,13) 200 CD Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: N/A T t 5. '....001" . 0.6 I 0'- \(/ Cityoundl Cecil McConnell, Council President (360) 473-5280 Phone: SUMMARY: Attached are the meeting minutes for the Council Meeting held ::f' u VI e.- 2 e) '2-00 (b ATTACHl\'IENTS: Meeting Minutes for ::JvV\€- 26; 2-000 FISCAL IMPACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: CITY A TTORi'JEY: FINANCE DIRECTOR: MAYOR: I CONSENT AGENDA cgJ I FISCAL/BUDGET: OPERATIONS: COlJNCIL PRESIDENT: , - :-::::'---- . /' (",.,~~_< ;'~,,'~',_'~, ",'~,',,',-c:, ,;"-,;,:_',,,_;:,,/,;(/:,:;11,-.1 .;"..e:"~">-~...-'- ",(,\<'.:y- - ft. -. -,or ->;-~ - -- - - - - - -- - -- RECOMMENDED ,MOTION: Move to pass the CONSENT AGENDA as presented. ('O],-""C'~L '-rrIO'< "-,,, A ' , , 1.)1-.1 '1' At;', '1''1; l2:;J pprove o Deny r-l LJ Table n r'r'I'1(-J'nu'e 'L"I No Action L_-# .......v.'l,~... DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 28, 2006 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, June 28, 2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, and Adam Brockus. Council Member Brad Gehring was absent. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Mike Shepherd followed by the invocation provided by Pastor ROQer Henniqan of Apostolic Life Tabernacle. President McConnell announced that a Pre-Council Session to discuss General Council Business was held in Council Conference Room 603 from 5:00 to 5:30 PM; and included a 10-minute EXECUTIVE SESSION was held to "Review Labor Negotiations" per RCW 42.30.140 (4) (b). PUBLIC RECOGNITION & ANNOUNCEMENTS Will Maupin read a proclamation on behalf of the City to proclaim the week of July 6 to 9, 2006 as "Senior Games Week" in celebration of the 3rd Annual Bremerton West Sound Senior Games. CONSENT AGENDA A. Check Numbers 309292 through 309591; and EFT-9054 through EFT-9073 in the amount of $1,251,449.00; and Regular Payroll in the amount of $653,808.07 for the pay period ending June 15,2006 (#AB06-126) B. Meeting Minutes - June 7, 2006 (#AB06-127) C. Meeting Minutes - June 14, 2006 (#AB06-128) D. Sole Source Purchase of Four Service Truck Beds from ALLIED BODY OF SEATTLE (#AB06-129) E. Communications Tower Lease Agreement with NEW CINGULAR WIRELESS PCS, LLC (#AB06-130) F. Budget Adjustment for Budget Analyst Position in the Finance Department from July to October 2006 (#AB06-131) There were no comments from the public. 05:35:18 M/S/C/U (Brockus/Arends) Move to approve the Consent Agenda as presented. GENERAL BUSINESS Sf\. BID AWARD TO VVM. DICKSON CO. FOR DEMOLITION OF C/\PITAL HILL FIRE STATION: AND RELATED BUDGET ADJUSTMENT (#AB06 132) Item was pulled from the agenda . 5B - RESOLUTION NO. 2999 AUTHORIZING THE CITY TO MAKE FORMAL APPLICATION FOR GRANT FUNDING FROM THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION REGARDING THE AQUATIC LANDS ENHANCEMENT ACCOUNT GRANT FOR THE BREMERTON BOARDWALK PROJECT (#AB06-133): Tom Knuckey, Engineering Department, stated that the Aquatic Lands Enhancement Account (ALEA) grant program has been established by the State to provide funds for the acquisition, restoration, or improvement of aquatic lands and to improve public access to aquatic lands and associated waters. Funds from this program are proposed to partially fund design, permitting and construction of the park component of the Bremerton Boardwalk Project. To be eligible to receive the grant, a resolution in the format presented must be completed. There were no comments from the public. City Council Reg. Mtg. Minutes Wednesday, June 28, 2006 Page 2 of 4 05:40:52 M/S/C/U (Arends/Shepherd) Move to approve Resolution No. 2999 authorizing the City to make formal application for funding assistance from the Interagency Committee for Outdoor Recreation. 5C - RESOLUTION NO. 3000 AUTHORIZING THE CITY TO MAKE FORMAL APPLICATION FOR GRANT FUNDING FROM THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION REGARDING THE WASHINGTON WILDLIFE AND RECREATION PROGRAM - LOCAL PARKS (WWRP-LP) GRANT FOR THE BREMERTON BOARDWALK PROJECT (#AB06-134): Tom Knuckey, Engineering Department, described the Local Parks (WWRP-LP) portion of the Washington Wildlife and Recreation Program which has been established by the State to provide funds for upland and water oriented projects with a primary focus on upland recreation elements. Funds from this program are proposed to partially fund construction of the park component of the Bremerton Boardwalk Project. To be eligible to receive the grant, a resolution in the format presented must be completed. There were no comments from the public. 05:41 :35 M/S/C/U (Brockus/Maupin) Move to approve Resolution No. 3000 authorizing the City to make formal application for funding assistance from the Interagency Committee for Outdoor Recreation. . 5D - RESOLUTION NO. 3001 AUTHORIZING THE CITY TO MAKE FORMAL APPLICATION FOR GRANT FUNDING FROM THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION REGARDING THE WASHINGTON WILDLIFE AND RECREATION PROGRAM - TRAILS (WWRP- TR) GRANT FOR THE BREMERTON BOARDWALK PROJECT (#AB06-135): Tom Knuckev, Engineering Department, said that the Trails (WWRP-TR) part of the Washington Wildlife and Recreation Program has been established by the State to provide funds to acquire, develop, or renovate non-motorized trails that are not part of a street or roadway. Funds from this program are proposed to partially fund design, permitting, and construction of the park and boardwalk components of the Bremerton Boardwalk Project. To be eligible to receive the grant, a resolution in the format presented must be completed. There were no comments from the public. 05:42:35 M/S/C/U (Shepherd/Robinson) Move to approve Resolution No. 3001 authorizing the City to make formal application for funding assistance from the Interagency Committee for Outdoor Recreation. 5E - RESOLUTION NO. 3002 AUTHORIZING THE CITY TO MAKE FORMAL APPLICATION FOR GRANT FUNDING FROM THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION REGARDING THE WASHINGTON WILDLIFE AND RECREATION PROGRAM - LOCAL PARKS (WWRP-LP) GRANT FOR THE BLUEBERRY PARK PROJECT (#AB06-136): Wvn Birkenthal, Parks & Recreation Director, explained that the Washington Wildlife and Recreation Program - Local Parks (WWRP-LP) grant program has been established by the State to provide funding for parks and recreation oriented projects with a primary focus on regional recreation opportunities. Funds from this program are proposed to partially fund construction of the Blueberry Park Project. To be eligible to receive the grant, a resolution in the format presented must be completed. The requested action before the City Council is approval of Resolution No. 3002 authorizing the City to make formal application for funding assistance from the Interagency Committee for Outdoor Recreation. City Council Reg. Mtg. Minutes Wednesday, June 28, 2006 Page 3 of 4 There were no comments from the public. 05:43:15 M/S/C/U (Arends/Robinson) Move to approve Resolution No. 3002 authorizing the City to make formal application for funding assistance from the Interagency Committee for Outdoor Recreation. SF - RESOLUTION NO. 3003 AUTHORIZING THE CITY TO MAKE FORMAL APPLICATION FOR GRANT FUNDING FROM THE INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION REGARDING THE LAND AND WATER CONSERVATION FUND (LWCF) GRANT FOR THE BLUEBERRY PARK PROJECT (#AB06-137): Wvn Birkenthal, Parks & Recreation Director, pointed out that the Land and Water Conservation Fund (LWCF) Program was established by the United States Congress in 1965 with the passage of the LWCF Act. The Act authorizes the Secretary of the Interior to provide financial assistance to the states for the acquisition and/or development of public outdoor recreation areas and facilities found to be in accord with the Statewide Comprehensive Outdoor Recreation Plan (SCORP). Funds for the program are derived from leaseholders of federal offshore oil and gas resources, federal recreation fees, sales of federal surplus real property, and federal motorboat fuel taxes. The National Park Service (NPS), within the US Department of the Interior, manages this federal grant program. NPS is the federal agency that ultimately receives and approves all project applications, agreements, and amendments. The Interagency Committee for Outdoor Recreation (lAC) administers the LWCF Program in the state of Washington. Funds from this program are proposed to partially fund construction of the Blueberry Park Project. To be eligible to receive this grant, a resolution in the format presented must be completed. The requested action before the City Council is approval of Resolution No. 3003 authorizing the City to make formal application for funding assistance from the Interagency Committee for Outdoor Recreation. There were no comments from the public. 05:44:03 M/S/C/U (Priest/Brockus) Move to approve Resolution No. 3003 authorizing the City to make formal application for funding assistance from the Interagency Committee for Outdoor Recreation. 5G ORDINANCE NO. 4975 AMENDING CERTAIN SECTIONS OF CHAPTER 2.76 OF THE BREMERTON MUNICIPAL CODE (BMC) REL^.TING TO PROCUREMENT OF GOODS AND SERVICES: AND REPEALING CERTj\.IN ORDINANCES REL^.TING TO THE PURCHJ\SE .'\ND SALE OF GOODS. SERVICES. AND PROPERTY (1tAB06 138) Item was pulled from the agenda 5H - REAL ESTATE PURCHASE AND SALE AGREEMENT WITH BREMERTON HOUSING AUTHORITY FOR PROPERTY LOCATED AT 8TH STREET AND PARK AVENUE (#AB06-139): ROQer Lubovich, City Attorney, explained that the Bremerton Housing Authority owns property located at 8th Street and Park Avenue. Staff is proposing purchasing the property in the amount of $325,000 for the new municipal court facility. It is also requested that due to the change in scope of the original project a transfer of $500,000 to the Public Safety Project Fund from the General Fund be authorized to partially offset additional project costs. Mr. Lubovich thanked David Gitch, [Interim] Executive Director of the Bremerton Housing Authority; members of the Bremerton Housing Authority Board of Directors; and Bremerton Housing Authority staff for working with the City on this issue. There were no comments from the public. City Council Reg. Mtg. Minutes Wednesday, June 28,2006 Page 4 of 4 Ms. Priest also thanked the staff from the Bremerton Housing Authority and the Council Members for all of the time that was spent working on the purchase and sale of this property; but expressed her reasons for not supporting this agreement tonight due to the use of surface parking instead of underground parking, and because she questioned what kind of quality building the City would get with the low construction budget estimates of $140 per square-foot. Mr. Maupin stated that he served on a Committee with a goal to provide a facility that solved a lot of the problems that existed with other proposed sites; and echoed the positive comments regarding the cooperation received in working with the Bremerton Housing Authority Director; Board, and staff. Mr. Brockus noted the contribution to these efforts of Council Member Brad Gehring. 05:49:50 M/S/C (Shepherd/Maupin) Move to approve the purchase of property from the Bremerton Housing Authority; and authorize the Mayor to finalize and execute the real estate purchase and sale agreement with substantially the same terms and conditions as presented; and to finalize and execute any and all documents necessary to close the transaction; and further to approve a budget adjustment to increase expenditures in the General Fund, and revenues and expenditures in the Public Safety fund by $500,000 to facilitate transfer and approve expenditure of additional project costs. Voted in favor of Motion: Wofford, Brockus, Shepherd, Robinson, Arends, Maupin, McConnell Voted opposed to Motion: Priest Motion carried: 7-Yes; 1-No With no further business, the meeting of the City Council was adjourned at 5:53 PM. The Council reconvened in Council Conference Room 603 for a STUDY SESSION to hear presentations on upcoming agenda items; and the public was invited to attend. Prepared and Submitted by: ~~~~ LORI SMITH- thv ton' 8m 'Ih) Legislative Assistant I Attest: PAULA JOHNSTON, City Clerk CECIL McCONNELL, City Council President CM:PJ:ls:cg DATE SUBMITTED: 6-27-06 BILL # Db-I~d... AGENDA BILL CITY OF BREMERTON CITY COUNCIL SG ..............................................................................m......... SUBJECT: Collective Bargaining Agreement between the City and Teamsters Local #589 Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Executive Session 7-05-06 Financial Services Carol Conley, HR Manager 473-5347 Phone: SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Teamsters resulting in the attached Collective Bargaining Agreement (CBA). These negotiations have been discussed with Council in Executive Sessions. This CBA replaces the current one that expired on December 31, 2005. The new CBA is for a three (3) term, beginning January 1, 2006 through December 31, 2008. It was ratified by the Teamsters' membership on June 21, 2006. Council approval is required to implement this agreement. ,., A TT ACHMENTS: Proposed Collective Bargaining Agreement between the City and Teamsters Local #589 FISCAL IMP ACTS (Include Budgeted Amount): There are sufficient funds set aside in the 2006 budget to cover the cost of the proposed contract. A General Fund budget adjustment for 2006 of $67,046 and a Utilities and Other funds adjustment of $154,048 to reallocate the labor costs from the Miscellaneous Non-departmental budget (set aside for Labor) to the various departments is required. The projected cost of this CBA for all funds in 2007 is $465,798 and in 2008 is $819,456. ---;> ~~~--L CONSENT AGENDA r' A~J/$7~/ RECOMMENDED MOTION: Motion to approve the Collective Bargaining Agreement by and between the City and Teamsters Local #589, January 1, 2006 through December 31, 2008, and make the necessary amendments to the budget. APPROVALS: DIVISION MANAGER CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action 2006-2008 Contract for Ratification .' .' . COLLECTIVE BARGAINING AGREEMENT " BY AND BET\VEEN THECITY OF 'BREMERTON " " '1: '.."" . , " - '>.. . "(" /, .><>..,.,-: ,<":":"'-. . . -.' '. ." :-': . " ,'.'. ~'- "'::' . . ' . ,. " GENERAL TEAMSTERS LOCAL UNION NO. 589 ~, . , ' , -'. .. -. . - . January 1,200,24 through December 31, 200~S COLLECTIVE BARGAINING AGREEMENT CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO, 589 January 1,2006 through December 31,2008 I OF 35 TABLE OF CONTENTS TO THE AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND GENERAL TEAMSTERS LOCAL UNION NO. 589 JANUARY 1, 200fi4 THROUGH DECEMBER 31, 200.85 PREAMBLE ......... .............. .................. ................. ............... .............. ... .......... ................ ........ ........... .....................5 ARTICLE 1 ........... Non-Discrim ination ................................................................................................................. 5 ARTICLE 2 ........... Recognition....................................................................................................................... ........ 5 ARTICLE 3 ....... .... Union Dues ..... .............. .......................................... ....... ... ............ ...... .............. .............. .........6 ARTICLE 4 ........... Union Access ........................................................................................................................... 7 ARTICLE 5 ........... Wages.............................................................................................................................. ..........8 ARTICLE 6 ........... Hours Of Work .......................................................................................................................11 ARTICLE 7 ........... Overtime ................................................................................................................................12 NEW ARTICLE.... ..Probationary Period................................................................................. ... ARTICLE 8 ........... Vacation Leave ......................................................................................................................14 ARTICLE 9 ........... Holidays .................................................................................................................................] 7 ARTICLE 10 ......... Sick Leave And Industrial Disability ..................................................................................... ] 8 ARTICLE]] ......... Other Paid Leave ...................................................................................................................20 ARTICLE ]2 ......... Retirement Benefits ................................................................................................................21 ARTICLE 13 ......... Insurance Benefits .................................................................................................................22 ARTICLE ]4 ......... Work Related Expenses..........................................................................................................23 ARTICLE ]5 ......... Subcontracting Work .............................................................................................................27 ARTICLE 16 ......... Municipal Court Non-Civil Service Employees Employment Rights....................................27 ARTICLE] 7 ......... Drug Free Work Place ...........................................................................................................28 ARTICLE 18 ......... Bus Passes ..............................................................................................................................29 ARTICLE 19 ......... Management Rights ...............................................................................................................29 ARTICLE 20 ......... Work Stoppages ..................................... ....... ................. ......................................... .... ...........29 ARTICLE 21 ......... Grievance Procedure ..............................................................................................................30 ARTICLE 22 ......... Severability ........................ ................................ ................. .................. ..... ................... ..... ....3 ] ARTICLE 23 ......... Entire Agreement ...................................................................................................................31 ARTICLE 24 ......... Conflicting Provisions ........... ................. ............... .................... .......... ...... ..... ................... ....32 ARTICLE 25 ......... Labor Management Committee .............................................................................................32 ARTICLE 26.... .....Job Sharing ..............................................................................................................................30 ARTICLE 27 ..........Temporary Assignment And Special Assignment...................................................................31 ARTICLE 28 ..........Wastewater Treatment Plant Employees.................................................................................3] ARTICLE 29 ....... Teamsters Supp]emental Pension Plan ...................................................................................35 ARTICLE 30 ... .....Downtown Parking................................................................................... ....32 NEW ARTICLE... ..Automatic Promotion from Planner I to Planner If.............. ~.................................... COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON. WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 3 I, 2008 FOR RAPAGE 2 OF 33 ARTICLE 31 .... ....Tenn...... ...... ... ............ ......... ... ............... ............ ..................... ...... ..... ......32 APPEND IX A ....... ........................................................................................................................................... ......34 " COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 31, 2008 FOR RAPAGE 3 OF 33 ALPHABETICAL SUBJECT INDEX APPEND IX A .................................................................................................................................... ................... .34 AUTOMATIC PROMOTIONAL FROM PLANNER I TO PLANNER II (NEW)..................................... BUS PASSES ............................................................................................ ARTICLE 18 .....................................29 CONFLICTING PROVISIONS ................................................................ ARTICLE 24 ..................................... 32 DOWNTOWN PARKING................................................... .....ARTICLE 30 ............................ 32 DRUG FREE WORK PLACE .................................................................. ARTICLE 17 ..................................... 28 ENTIRE AGREEMENT ........................................................................... ARTICLE 23 .....................................31 GRIEVANCE PROCEDURE ................................................................... ARTICLE 21 ..................................... 30 HOLIDAYS ............................................................................................... ARTICLE 9 ....................................... 17 HOURS OF WORK ................................................................................... ARTICLE 6 ....................................... 11 INSURANCE BENEFITS ......................................................................... ARTICLE 13 ..................................... 22 JOB SHARING .............. ............... .............. .... ..... .............................. ..... ... ARTICLE 26.......... ... ................. ..... ....30 LABOR MANAGEMENT COMMITTEE ............................................... ARTICLE 25 ..................................... 32 MANAGEMENT RIGHTS ....................................................................... ARTICLE 19 ..................................... 29 MUNICIPAL COURT NON-CIVIL SERVICE EMPLOYEES ~ EMPLOYMENT RIGHTS................................................................... . ARTICLE 16 ..................................... 27 NON-DISCRIMINATION ........................................................................ ARTICLE 1 .........................................5 OTHER PAID LEAVE ............................................................................. ARTICLE 11 ..................................... 20 OVERTIME .............................................................................................. ARTICLE 7 ....................................... 12 PREAMBLE ................... ..................... ................................... ........ .., ........ ....... ................................ ..... ....... ........... 5 PROBATIONARY PERIOD (NEW RECOGNITION ............................ ....... ................................. ..... ..... ... ........ ARTICLE 2 ....... ...... ... ................ ..... .... 5 RETIREMENT BENEFITS ....................................................................... ARTICLE 12 ..................................... 21 SEVERABILITY ....................................................................................... ARTICLE 22 ..................................... 31 SICK LEAVE AND INDUSTRIAL DISABILITy.................................. ARTICLE 10 .....................................18 TEAMSTERS SUPPLEMENTAL PENSION PLAN....................... ...ARTICLE 29.......................... ...32 TEMPORARY ASSIGNMENT AND SPECIAL ASSIGNMENT ........... ARTICLE 27.......................................31 SUBCONTRACTING WORK .................................................................. ARTICLE 15 .....................................27 TERM ......................................................................................................... ARTICLE 31 ..................................... 32 UNION ACCESS ...................................................................................... ARTICLE 4 ......................................... 7 UNION DUES ........................................................................................... ARTICLE 3 ......................................... 6 VACATION LEAVE ................................................................................ ARTICLE 8 ....................................... 14 WAGES ...................................................................................................... ARTICLE 5 ......................................... 8 WASTEWATER TREATMENT PLANT - EMPLOYEES ...................... ARTICLE 28.......................................31 WORK RELATED EXPENSES ................................................................ ARTICLE 14 ..................................... 23 WORK STOPPAGES ............................................................................... ARTICLE 20 ..................................... 29 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 3 I, 2008 FOR RAPAGE 4 OF 33 AGREEMENT BY AND BETWEEN CITY OF BREMERTON and GENERAL TEAMSTERS LOCAL UNION NO. 589 JANUARY 1, 200~4 THROUGH DECEMBER 31, 200~4 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the General Teamsters Local Union No. 589 hereinafter known as the "Union" for the purpose of setting forth the wages, hours and working conditions which will be in effect during the term of this agreement for employees incl~ed in the bargaining unit described in Article 2 below. ARTICLE 1 NON-DISCRIMINATION 1.1 Non-Discriminatory Application - The provisions of this Agreement will 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; or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification. 1.2 Non-Discrimination--Union Activity - The provisions of this Agreement will be applied equally to all employees in the bargaining unit without discrimination as to Union affiliation or legal Union activity or lack thereof. The City and the Union will each be responsible for complying with this provision. ARTICLE 2 RECOGNITION 2.1 Represented Employees - The City recognizes the Union as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all full-time employees in regular positions and part-time employees in regular positions in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement by mutual agreement or by official action of the Public Employment Relations Commission. 2.2 Classifications Excluded - The classifications of elected officials, appointed officials on part-time boards and commissions, city attorneys, department heads and their assistants, and supervisors (unless specified in the union recognition section) are not included and will not be added to the bargaining unit. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 31,2008 FOR RAP AGE 5 OF 33 2.3 Employees Excluded: 2.3.1 Seasonal employees are employees used by the City to handle peak work load periods. Seasonal positions will be used for no more than eight (8) months in a calendar year in accordance with City Policy. 2.3.2 Temporary employees are employees used by the City for specific projects or programs, or to replace employees temporarily unable to work per Article 27.1. 2.3.3 Project temporary employees are assigned for the term of a specific project or program and may exceed one (1) year, provided, however, that the term of the assignment may be further extended by mutual agreement of the parties, and such employees shall be members of the union as per Article 3. 2.3.4 All other temporary employees shall be excluded from the bargaining unit with the understanding that neither the employees nor the positions will be used for more than a total of 12 months in accordance with the applicable Civil Service Rules. 2.3.5 Confidential employees regardless of the classification they occupy. -''', 2.4 New Classifications - In the event the City creates a new position or reclassifies an existing position proposed to be exempt from the bargaining unit, the Union will be notified in writing. In the event that the Union disputes the City's proposed exemption of the new position from the bargaining unit, the Union will provide written notice specifying the reasons for dispute within thirty (30) calendar days of receipt of written notice from the City. In the event that the City and the Union are unable to resolve the dispute, either party may refer the issue to the Public Employment Relations Commission for resolution. ARTICLE 3 UNION DUES 3.1 Dues Deductions - Based upon mutual agreement, regular monthly union membership initiation fees, dues, agency fees and assessments will be deducted by the City from the pay of those employees who provide written authorization to the City to make such deductions. The City will transmit the total amount of deductions to the Union along with a list of employees and their Union-related deductions. 3.2 Maintenance of Membership - An employee covered by this Agreement who is a member of the Union on or after the execution of this Agreement will remain a member in good standing. Good standing will be defined as tendering of uniformly required periodic dues. Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of the employee, provided that when an employee fails to fulfill the above obligation, the Union will provide the employee thirty (30) days notification in writing of the Union's request to the City to initiate discharge action and during this period the employee may make restitution in the amount which is overdue. Should the employee make such restitution, the request for discharge will be withdrawn. 3.3 New Employees - New employees employed during the life of this Agreement will, within thirty (30) days of their respective date of employment, or upon the inclusion of their position in the bamaining COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 3\,2008 FOR RAPAGE 6 OF 33 unit achieve good standing in the Union and will thereafter maintain such good standing as a condition of employment. Good standing will be defined as tendering of uniformly required periodic dues and fees. Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of such employee subject, however, to the same requirement for notification and opportunity for restitution as specified in Section 3.2 above. The City will notify the Union of newly employed bargaining unit employees as they are hired so a shop steward may be available at time of orientation. It shall be understood that new employees do not have the option to donate money to charity in lieu of paying dues. unless it is due to the bona fide religious tenets or teaching of a church or religious bodv of which the emplovee is a member. The employee will pay an amount of money equivalent to regular Union dues and fees to a non-religious charity or to another organization mutually agreed to between the employee and the Union. '" Union Security - All bargaining unit employees not currently paying dues, shall be required to pay dues or donate an equal amount to a qualified charity as identified under IRS Code 501 C (3) Those employees donating money to a charity in lieu of the payment of periodic dues, shall be required by the Union to produce proof of payment to the charity. Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of the employee, provided that when an employee fails to fulfill the above obligation, the Union will provide the employee thirty (30) days notification in writing of the Union's request to the City to initiate discharge action and during this period the employee may make restitution in the amount which is overdue. Should the employee make such restitution, the request for discharge will be withdrawn. (The intent of this language is to address those current employees donating money to a charity in lieu of periodic dues payments). 3.4 3.5 Refusal to Join l.Jnion:::::: An employee who refuses to join the Union on the basis of bona fide religious tenets or teaching~; of a church or religiow; body of which the employee is a member \vill pay an e,mount of money equivalent to regular Union d'..les and fees to a non religious charity or to another organization mutually agreed to bet\veen the employee and the Union. 3.6 Indemnification - The Union will indemnify and hold the City harmless from any and all liability resulting from the dues and fees deduction provisions specified in this Article. ARTICLE 4 UNION ACCESS 4.1 Union Representatives - The Union will provide written notice to the City of the names of the officials authorized to represent the Union. The City will provide reasonable access to City facilities to such authorized representatives for the purpose of investigating grievances and other legitimate Union business provided that such access does not unreasonably interfere with the work and duties of an affected employee or of other on-duty employees. 4.2 Shop Stewards - The Union will have the right to appoint six (6) Shop Stewards. The Union will make every reasonable effort to have no more than four (4) stewards from the same department. 4.2.1 The Union will provide written notification to the Human Resources Director of the name and assigned areas of all Shop Stewards appointed by the Union. The City will provide reasonable access to employee work places to Shop Stewards for the purpose of investigating grievances COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 3 I, 2008 FOR RAPAGE 7 OF 33 provided that such access does not unreasonably interfere with the work and duties of an affected employee or of other on-duty employees. A Shop Steward will obtain the permission of his or her supervisor and the supervisor of the affected employee prior to contacting an employee during work hours. A Shop Steward may perform his or her Steward duties on City paid work time provided that such duties do not unreasonably interfere with the Steward's ability to perform the duties of his or her position with the City. In no event, however, will a City employee who is a Shop Steward be granted more than five (5) hours of paid work time for the purpose of investigating and resolving a single grievance. It shall be understood that the five (5) hours maximum does not mean five (5) hours per workday, but five (5) hours total time. ARTICLE 5 WAGES 5.1 Pay Rates - 5.1.1 Effective January 1, 200~4, the wages as shown in Appendix "A" shall be increased by two point three one oneoo-e percent (2.311 % +%). Employees who have separated from City employment before the effective date of ratification of the contract by the Union and City Council shall not be entitled to any retroactive pay increase. , 5.1.2 ., Effective January 1, 2001~, the wages as shown in Appendix "A" shall be increased by 100% of the Seattle/TacomalBremerton CPI- W from June 2002; to June 200~4except that the increase shall be no less than 2% if the CPI- W is less than 2% and no greater than 5% if the CPI- W is more than 5%. 5.1.3 Eflective .Januarv 1, 2008, the wages as shown in Appendix "A" shall be increased bv 100% of the Seattle/TacomalBremerton CPI- W from June 2006 to June 2007. except that the increase shall be no less than 2.5% if the CPI-W is less than 2.5% and no greater than 5% if the CPI-W is more than 5%. plus the wages shall be increased by 1 SYo in addition to the CPI- W increase. Example#l: The CPT- W is 2.3%, therefore the total wage increase would be 3.5% (2.5% guaranteed minimum -+- 1 %). Example #2: The CPI-W IS 5.2%. therefore the total wage ll1crease would be 6.5% (5% maximum -+- 1.5%). 5.2 New Emplovees - A new employee's pay rate will be set at first step of the pay scale; however, a new employee may have his or her pay rate set at a higher step based upon relevant years and type of prior paid work experience. Placement of a new employee's pay rate at a step higher than the first step must be approved by the Department Director, the Human Resources Director and Finance. 5.3 Advancement through Pay Rates - Advancement through the pay rates from the first step through the final step of the pay range will occur upon completion of the prescribed number of months or year(s) of continuous employment since the employee's last pay placement, provided, 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 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1, 2006 through December 3 1,2008 FOR RAPAGE 8 OF 33 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". In the event an employee is on approved leave of absence without pay, in excess of eighty (80) consecutive work hours, the employee's next pay rate advancement date will be extended by the actual number of days the employee was absent on such leave. . 5.4 Pay Rate upon Placement at New Pay ranee- 5.4.1 Reclassification/downerade to a lower classification - In the event an employee is reclassified from one classification to another classification which is at a lower pay range or, if an employee's classification is downgraded from one pay range to a lower pay range, the employee's pay rate at the lower pay range will be set at that step which is closest to, equal to, but not greater than the pay rate he or she was receiving at the former pay range. All time the employee had served at the former step toward advancement to the next step of the former pay range will be used in determining the time required to advance to the next step of the new pay range. If the employee is at final step or ", beyond the final step in the new pay range, then hislher pay rate shall remain frozen at that rate until such time as the final step provides for an increase. 5.4.2 Reclassification/uperade to a hieher classification - In the event an employee is reclassified from one classification to another classification in a higher pay range the employee will receive no less than the entry level step of the new pay range or a five percent (5%) pay increase, whichever is greater; provided that no employee is thereby advanced beyond the final step of the higher pay range. The employee's advancement to the next step in the new pay range will be based on the effective date of the reclassification to the new pay range. 5.5 Loneevity Pay - Longevity pay will be applied to the base hourly pay rate of each employee for years of completed continuous employment on the following basis: o through 5 years' continuous employment 0% Commencing 6 through 10 years' continuous employment 1 % Commencing 11 through 15 years' continuous employment 2% Commencing 16 through 20 years' continuous employment 3% Commencing 21 years and over continuous employment 4% 5.6 Premium Conditions - 5.6.1 Standby - An employee is placed on standby duty when the City requires the employee to be immediately available to report for work other than during his/her normal scheduled hours of work. When standby is implemented, all qualified bargaining unit members, including leads and supervisory bargaining unit members, shall share in the standby hours or lists. 5.6.1.1 Standby Equipment - COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 FOR RAP AGE 9 OF 33 A. An employee on standby duty will be provided with a radio that has a police frequency~ B. Assigned stand-by duty employees shall have the take home use of a city vehicle for the week, per City policy. 5.6.1.2 Standby Pay - The following standby rates will apply: A. Weekday or regular day off beyond two - Two (2) hours of employee's regular hourly rate of pay; B. Holiday - Three (3) hours of employee's regular hourly rate of pay; C. Regular day off - Three (3) hours of employee's regular hourly rate of pay up to a maximum of two (2) days; D. Type of Compensation - The employee shall receive pay as J)rovided above for all stand-by duty. Emplovees mav not accrue compensatory time for stand-by duty.may choo~;e pay or compen~;atory time pursuant to Section 7.2.1. ." 5.6.1.3 Standby will normally consist of not more than seven (7) consecutive days, provided; however, based upon mutual agreement of the employee and immediate supervisor, the employee may be placed on standby in excess of seven (7) days. 5.6.2 Shift Differential - An employee assigned to work a shift schedule which begins at 12 noon or later and/or earlier than 6 a.m. will be compensated a shift differential of seventy-five cents ($.75) per hour for each hour of the shift so worked. 5.7 Paydays - Paydays will be the 7th and 22nd of each month. If a payday falls on a Saturday, Sunday, or on a Monday holiday, the City will make every effort to distribute pay checks on Friday. The parties encourage employees to utilize "automatic deposit" of their paychecks. 5.8 Direct Deposit - New employees hired after the date of ratification of this agreement by both parties, shall be required to sign up for direct deposit of their pay checks. 5.9 Payroll Errors - Should the City be responsible for any payroll error, adjustments in excess of fifty ($50.00) dollars will be paid within two (2) business days. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 FOR RAPAGE 10 OF 33 ARTICLE 6 HOURS OF WORK 6.1 Normal Hours of Work - The normal hours of work for regular full time employees will be forty (40) hours per week. The normal hours of work for regular part time employees will be the number of hours per week that the Department Head schedules which will not exceed forty (40) hours per week and will not exceed the Department's approved budget allocation for the position. 6.2 ., Normal Work Schedule - The normal work schedule for regular full time employees will consist of five (5) consecutive eight (8) consecutive hour days~ or four ('I) consecutive ten (10) consecative hour ~ Alternate work schedules. i.e. 4110's. 9/80's. may be approved at the discretion of the Department Director when thev are in the best interest of the City. The 411 0 schedule as referenced in this document also means an alternate work schedule as provided herein. The Department and employee may mutually agree to any other work schedule by the filing of an alternate work schedule form that shall require the approval of the Department and the Human Resources Manager. Except in emergency situations (such as weather and acts of God) employees will be given fourteen (14) calendar days notice of any change in their normal work schedule, except that Public Works and Utility Department employees will be given seven (7) calendar days notice of any change in their normal work schedule, otherwise employees will receive overtime compensation. The normal work schedule for regular part time employees will be that which is scheduled by the Department Head and shall consist of no more than five (5) consecutive days in a workweek. The normal work schedule will usually be set to begin on Monday and conclude on Friday but may be set to begin on another week day and conclude five (5) consecutive days thereafter, based upon the needs of City. The City will make every reasonable effort to schedule employees with two (2) consecutive days off between workweeks. 6.3 Meal Periods - All employees shall have a regularly designated mealtime, 30 minutes or one (1) hour in length, without pay, which shall be scheduled by the Department Director or designee. The thirty (30) minutes or one (1) hour designated mealtime includes travel time to and from the work site. The lunch period will take place no sooner than three (3) hours and no later than five (5) hours from the beginning of a 5/8 schedule, and no sooner than four (4) hours and no later six (6) hours from the beginning of a 411 0 schedule. No employee will be required to work more than five (5) consecutive hours without a meal period. An employee who works three (3) or more hours beyond their normal work day shall be allowed at least one thirty (30) minute meal period either prior to or during the overtime period. When an employee is required by the City to remain on duty on the premises or at a prescribed work site when it is in the best interest of the City during a meal period, the meal period will be paid as time worked. 6.3.1 Employees shall be allowed one (1) rest period (break) per one half (1/2) shift (workday) provided: A. The time, length and location of break is determined by the employee's supervisor, with the understanding that the employee shall receive no more than fifteen (15) minutes. B. Break periods will be scheduled as near as possible to the midpoint of a work period. The City will make a reasonable effort to ensure that no employee is COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 FOR RAPAGE II OF 33 required to work more than three (3) hours without a rest period. C. The purpose of granting breaks is to relieve fatigue and mental strain on the job; therefore; 1. Combining two (2) daily breaks into one thirty (30) minute break IS not permitted. 2. Using breaks to lengthen meal periods, to cover tardiness, or to leave work early is not permitted except under special circumstances and with the approval of the Department Director or designee. 3. Accumulating breaks from day-to-day is not permitted. ARTICLE 7 OVERTIME 7.1 Overtime Defined - Overtime is all required and authorized work performed in excess of a full time employee's normal 40 hour and/or daily work schedule. Overtime includes required training, instruction, 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. Overtime for regular part-time employees is all required and authorized work performed in excess of forty (40) hours during the employee's weekly work schedule pursuant to Article 6, Section 6.2. The use of any paid leave time will be considered as time worked for the purpose of calculating overtime. 7.2 Overtime Compensation - Overtime work will 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 will be at the election of the employee provided Compensatory time off will be taken by mutual agreement between the employee and supervisor. Upon the death of the employee, accrued compensatory time shall be paid to the employee's estate. 7.2.1 Use Of Compensatory Time - The maximum allowed accrual of compensatory time shall be fifty (50) hours, and all overtime accrued in excess of that maximum shall be paid at the applicable rate. Employees who wish to cash out all or a portion of his/her accumulated compensatory time will have the option to receive this pay the pay period ending November 15th lust pay day of November. Employees who wish to exercise this option shall submit their request, in writing, to the Department Director, no later than November I st of each year. 7.3 Telephone Calls To Employees - If an employee receives a work related telephone call while off duty, he/she shall receive a minimum of one quarter (114) hour pay at the overtime rate for each call, provided, however, that additional calls received by the employee within the quarter hour minimum shall not pyramid. 7.4 Call Back Minimum Overtime - In the event an employee who has departed from his or her normal work hours is called back to work for a period of time which is less than two and a half (2.5) hours, the employee will receive a minimum of two and a half (2.5) hours of overtime compensation. A call back initiates a two and a half (2.5) hour guarantee period. Subsequent call backs will not initiate an COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 31,2008 FOR RAPAGE]2 OF 33 additional two and a half (2.5) hour guarantee period until the original two and a half (2.5) hour guarantee period has passed. 7.5 Court and/or Subpoenaed Appearances - An employee who appears in Court or responds to a subpoena as a representative of the City which is related to his or her employment on off duty time shall receive overtime compensation for such appearances. If the employee is being prosecuted for a willful, illegal act in the performance of their duties as a city employee, they will not be paid for time unless they are found innocent and/or the case is dismissed. 7.6 Use of Ban:minine: Unit Emplovees for Overtime - The City shall offer G.T. to qualified bargaining unit employees within the division prior to utilization of temporary employees for such G.T. The City will make a reasonable attempt to offer this work by seniority. 7.7 Emere:encv Crews - Employees may be pre-assigned to an emergency shift schedule (e.g. 12-hour shift for Snow Removal Crews). Crews will be designated as follows: "A" shift and "B" shift. Employees on emergency crews will receive shift differential pay and work the 12-hour shift throughout the period of the emergency. Employees in each crew (both "A" and "B" shifts) called out for an emergency shift shall receive two hours callout (overtime) pay for the first full 12-hour shift. (e.g. Pay would be 2 hours overtime for the call-out, 6 hours straight time, plus 4 hours overtime. That " crew's next emergency shift pay would be 8 hours straight time plus 4 hours overtime.) Pay for call-outs prior to the full emergency shift will be in accordance with overtime and callout policy per Article 7. If the callout occurs within two (2) hours of the first emergency shift, the first emergency shift crew will respond and work continuously through the shift. EXAMPLES: Snow Removal Crew - If an emergency schedule is initiated after 10 p.m. but before the normal shift (7:30 a.m.), the "B" shift will be called in and work until noon or eight hours minimum. If the callout occurs prior to 10 p.m., the "A" shift will be called in and work until midnight when "B" shift will relieve. If the emergency is declared during the normal work shift, "B" shift will work the normal eight (8) hours then be released; "A" shift will work until midnight when relieved by "B" shift. Other Emereencv Crews - Any other divisions may use other start/quit times, but will follow the principle of the example of the Snow Removal Crew. When the Division Manager has determined that the emergency condition is over, the crews will revert to their regularly scheduled shift. The transition shifts going into and out of the emergency shift schedule, will work until released by the supervisor, however, they shall work a minimum of eight (8) hours during the transition shift. NEW ARTICLE - PROBATIONARY PERIOD New Emplovees - New employees hired after the effective date of ratification of this agreement shall be required to serve a probationary period of one (1) vear. Probationary emplovees are "at will" employees COLLECTIVE BARGAfNING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1, 2006 through December 31, 2008 FOR RAPAGE 13 OF 33 during their probationary period and during that time may be terminated without reason or cause and have no recourse to anv Civil Service appeal process. Promoted Emplovees - Employees promoted shall serve a six (6) month promotional probation period which shall complv with the Civil Service Rules of the City of Bremerton for promotional probation. ARTICLE 8 V ACA TION LEAVE 8.1 Vacation Accrual - Employees shall accrue vacation leave for all regularly scheduled compensated hours including paid holiday, sick leave, vacation and other paid leave time, excluding workers' compensation time loss benefits pursuant to the following schedule: Period of Continuous Full Time Employment Hours AccruedN ear ", Date of Hire through 5 years 6th year 7th year 8th year 9th year 1 Oth year 11 th year 12th year 13th year 14th year 15th year 16th year 17th year and thereafter 104 Hours 120 Hours 128 Hours 136 Hours 144 Hours 152 Hours 160 Hours 168 Hours 176 Hours 184 Hours 192 Hours 200 Hours 208 Hours 8.2 Vacation Eli\?:ibility - An employee becomes eligible to take accrued vacation leave upon completion of six (6) months of continuous employment. Probationary employees may be permitted to use earned vacation leave due to extenuating circumstances solely at the discretion of the Department Director. Vacation leave may not be taken in less than one-quarter (114) hour increments. Vacation leave must be earned in the pay period prior to the time an employee takes any vacation leave since accruals are added to an employee's leave balance after payroll has been posted. 8.3 Vacation Schedulin\?: - Annual vacation leave will be mutually scheduled between the employee and his or her Department Head or designee. Vacation leave must be approved by the Department Head prior to an employee taking the time off. In the event more than one employee requests vacation leave for the same time period submitted on the same day, the requesting employee with the greatest city-wide seniority shall be granted the vacation leave. 'rhe Department shall make a good faith effort to respond to a vacation leave request in a timely manner. 8.4 Maximum Vacation Accrual - The maximum number of vacation accrual hours that any employee will be allowed to carry forward from one calendar year to the next will be as follows: COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1, 2006 through December 3 1,2008 FOR RAPAGE 14 OF 33 Years of Service Maximum Carryover Hours Date of Hire through 5 full years of employment Over 5 full years of employment 160 Hours 240 Hours 8.5 Carryover - 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, (or unable to because of absence from work due to illness or disability) the excess hours will be carried forward into the next the calendar year. An employee who fails to request scheduled vacation time during the year and whose accrued vacation hours exceed the maximum carry over balance at the end of the calendar year shall forfeit such excess vacation hours. 8.6 Vacation Pay-Out - Upon the retirement or separation of a regular employee, or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a lump sum payment at the employee's straight time hourly rate at the time of separation except an employee shall not be paid vacation payout unless employed over six (6) months). 8.7 Payment of Vacation Leave Upon Death - In the event of the death of an employee, the employee's '" estate will be paid in a lump sum for the total accrued and unused vacation leave hours at the employee's regular hourly pay rate in effect at the time of death. 8.8 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 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 of another position with the City or another employer. 8.8.1 Eligibility - An employee who (1) is suffering from an illness or injury causing his or her extended absence from work, and (2) who has depleted or will shortly deplete his or her total available accrued vacation, compensatory leave accrual, sick and floating holiday leave, may request donations of vacation leave. 8.8.2 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 verification of the medical condition and time period involved, the Department Head will recommend the employee's request for donations of vacation leave be approved by the Mayor. The Mayor will review the request to assure that all of the requirements set forth in this subsection have been met and, if so, shall approve the employee's request for donations of vacation leave. FOR RAPAGE 15 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 31,2008 8.8.3 Notification - Upon approval by the Mayor, all City employees shall be notified of the approved request for donation of leave. 8.8.4 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 hislher 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 8.7.5 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 Director. 8.8.5 Use Of Donated 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. ''"' 8.8.6 Return Of Excess Leave Donations - Donated leave will remain in the employee's sick leave balance for a period of six (6) months from an employee's return to work, and may only be used by the employee for absences related to the condition for which it was donated. 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. 8.9 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 or to conduct an investigation). The City may place certain restrictions on an employee on Administrative Leave and require himlher to be available during his/her normal work schedule. Emplovees nonnally scheduled to work on other than an 8 am to 5 pm schedule shaH be put on a 9 AM - 5 PM schedule when placed on Administrative Leave. If an emplovee is unavailable at anv time during the alternative time schedule, then a leave slip must be turned in to cover the amount of time the employee is unavailable. FOR RAPAGE 16 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 31,2008 8.10 Cancellation of Vacation Leave by City - If an employee has an approved vacation canceled by the City, the City will reimburse the employee for all verifiable non-refundable expenses incurred by the employee after the date the Leave Request was approved. ARTICLE 9 HOLIDAYS 9.1 Holidays Observed - The following holidays will be observed by the City: HOLIDAY DATE OBSERVED 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 Day One Floating Holiday January 15t 3rd Monday in January 3rd Monday in February Last Monday in May July 4th 1 st Monday in September November 11 th 4th Thursday in November 4th Friday in November December 25th Approval of Supervisor " 9.1.1 In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 9.2 Alternative days of Holiday Observation - If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. If the day a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee will receive an alternate day off as a paid holiday during the same or following pay period. 9.2.1 Floating Holiday - One (1) floating holiday (eight (8) hours) will be granted to each employee at a time which is mutually agreeable to the employee and the employee's immediate supervisor. New employees shall have been employed by the City for six (6) months in order to qualify for a floating holiday. Floating holiday leave may not be taken in less than one (1) hour increments. 9.3 Holiday Compensation (Full Time Employees) - An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City, including a floating holiday of each employee's choice. An employee who is assigned at the City's request to work a four-day ten (10) hour schedule will receive ten (10) hours of time off with pay for each holiday. In order to receive holiday compensation, each employee must work or be on authorized paid leave on the scheduled work day prior to or the scheduled work day immediately after each holiday. 9.4 Holiday Compensation (Part Time Employees) - Part-time employees who regularly work 20 or more hours per week will receive pro-rated IIoliday Leave based upon their average norma) workdav. but in COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31, 2008 FOR RAPAGE 17 OF 33 no case less than four (4) hours. finy (50%) percent of their normal work day, provided they v,'ill receive not less than four (1) hours. 9.5 Working on a Holiday - An employee required to work on a holiday will be compensated at one and one-half (1-1/2) times the employee's regular straight time rate of pay for the time worked in addition to regular holiday pay provided in 9.3 above. ARTICLE 10 10.1 10.2 10.3, 10.4 10.5 10.6 SICK LEAVE AND INDUSTRIAL DISABILITY Sick Leave Accrual - Employees will accrue sick leave time with pay at the rate of four hours per pay period .0'16151 hour~; for e~',ch regular hour v;orked, including paid holiday, sick leave, vacation and other paid leave time and excluding time for which workers' compensation time loss benefits are paid. Employees who are on a leave of absence without pay will have their leave pro-rated if they have worked any portion of a pay period at .046154 for each regular hour worked as outlined above. The maximum annual accrual will be ninety-six (96) hours. Maximum Sick Leave Accrual - Employees will be able to accrue sick leave to a maximum of 1200 hours on January 1 st of each year. Sick Leave Incentive - Effective January 1. 2007. anv non-probationary employee covered under this Agreement who does not utilize his/her sick leave benefit from January 1 st through June 30th in a calendar year shall have their vacation leave balance credited with (8) additional hours on the pay period ending July 31 Sl. and. any non-probationary employee who does not utilize his/her sick leave benefit from July 15t through December 31 5t shall have their vacation leave balance credited with eight (8) additional hours on the pay period ending January 31 st. An employee who takes thirty two (32) hours or less of sick leave in the calendar year "viII have eight (8) hours added to his or her vacation leave balance at the beginning onhe f()llo\ving calendar year. Sick Leave Retirement Payment - An employee who retires from City service on a service or disability retirement will be provided a Sick Leave Retirement Payment at thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the employee at the employee's regular hourly pay rate in effect at the time of retirement. Payment of Sick Leave Upon Death - In the event of the death of an employee, the employee's estate will be paid for the total accrued and unused sick leave hours at the employee's regular hourly pay rate in effect at the time of death. Sick Leave Use - Sick leave shall not be granted in advance of actually being accrued. Sick leave will 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-quarter (1/4) hour to cover an employee's absence from his or her regularly scheduled work hours due to: 10.6.1 The temporary disability of an employee resulting from his or her personal illness or i~ury. COLLECTIVE BARGAINfNG AGREEMENT for ratification CITY OF BREMERTON, W ASHfNGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 31,2008 FOR RAPAGE 18 OF 33 10.6.2 10.6.3 10.6.4 10.6.5 10.6.6 " Providing care for: a) a child of the employee under the age of 18 when they have a health condition that requires supervision or treatment; or b) a spouse, parent, parent-in-law or grandparent of the employee who has a serious health condition or an emergency condition. Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. Upon the birth or adoption of a child, an employee may use accrued sick leave pursuant to FMLA. Providing care for an employee's immediate family member as provided for in Section 10.6.2, when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. No more than forty (40) hours of sick leave can be used for this purpose for the following family members: brother, sister, brother/sister in-law, grandparent's in-law, grandchildren, and step relations as described herein of both the employee and the employee's spouse. (Revised RCW 49.12.270 as of 1-1-04). Only when an employee has exhausted all sick leave accrued mav he/she use other types of leave to cover his/her absence. 10.7 Notification of Sick Leave Use - An employee who is absent or expects to be absent from work due to causes specified in 10.6 above, will provide notification as follows: 10.7.1 10.7.2 Routine Appointments - An employee who schedules a routine medical, dental or oculist appointment will make every reasonable effort to schedule such an appointment at a time, which will cause the least interference with departmental operations. The employee shall give prior notice of the date and time of the appointment to hislher 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, however, the immediate supervisor will not umeasonably require an employee to reschedule routine medical, dental or oculist appointments. Unanticipated Absence - An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in 10.6 above, will promptly notify their immediate supervisor, or if unavailable, the department/division manager by telephone as soon as practicable and will make every effort to notify their immediate supervisor, or if unavailable, the department/division manager within the first one-half hour of each work day or, if possible, within the one-half hour preceding each work day of absence. In the event neither the immediate supervisor nor the department/division manager can be contacted directly, the employee may leave a voice mail message. However, the employee is obligated to speak directly to the employee's immediate supervisor or the department/division manager during the day of the employee's FOR RAPAGE 19 OF 33 COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31, 2008 absence. Each employee will be given contact information (including office/cellular/pager numbers), to the employee's immediate supervisor and department/division manager. In the event of a prolonged illness or injury, the Department may exempt an employee from the requirement to report their absences on a daily basis, and may establish an alternative reporting arrangement appropriate to the circumstances. 10.7.3 Sick Leave during Authorized Paid Leave - An employee who becomes ill or is injured during his/her paid vacation or compensatory time off for accumulated overtime, may request the conversion of such paid leave to sick leave with pay by promptly notifYing the department of the illness or injury and providing such information as is required by the department to verifY the appropriateness of such a conversion. 10.8 Sick Leave Documentation and Approval - An employee who has been absent on sick leave will, within the first work day after returning to work, complete and submit a request for approval of sick leave on the City's Leave Request form, and provide such information as is required by the Department to approve the use of sick leave with pay for the absence. Sick leave must be approved by the Department prior to payment. The Department will not unreasonably withhold approval of sick leave with pay from employees. -"' 10.8.1 Sick Leave Certification - The Department may require an employee to provide a professional physician's certification of an employee's, child's or family member's illness or injury as a condition of approving sick leave with pay. In the event the Department intends to require such verification, the employee will be notified of the requirement prior to returning to work. 10.8.2 Return to Work/Fitness for Duty Certification - The Department may require an employee to provide a Fitness for Duty certification completed by a professional physician that the employee is sufficiently recovered as to be able to return to work and assume his or her normal duties prior to the employee returning to work or, in the event the employee has appeared at work, prior to resuming work. If the department does not allow the employee to return to work due to the need for a Fitness for Duty certification, the employee will be allowed to continue the use of sick leave. 10.9 Industrial Disability Leave - An employee who incurs a work-related illness or injury and who qualifies to receive Workers' Compensation benefits will be allowed to use accrued sick leave to supplement the Workers' Compensation benefits so as to provide the same gross pay he or she would have received for full time, active service. In no event will the combination of Workers' Compensation and employee sick leave exceed lOO% of an employee's regular pay rate at any time of the disability period. ARTICLE 11 OTHER PAID LEAVE 11.1 Bereavement Leave - An employee willbe granted three (3) days of bereavement leave for attending funerals in the State of Washington and five (5) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, mother, father, mother/father in-law, brother, sister, brother/sister in-law, grandparents, grandparents in-law, COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 31, 2008 FOR RAPAGE 20 OF 33 grandchildren, step relations as described herein of both the employee and the employee's spouse. All time off for bereavement leave may be charged against an -employee's vacation, floating holiday, sick leave or compensatory time leave balance at the option of the employee, if available. Additional time off may be requested by the employee and granted by the Department head in extenuating circumstances. 11.2 Jury Duty, Witness Leave - An employee shall be granted a leave of absence with pay for the purpose of reporting to or serving on jury duty or serving as a witness on a case relating to their job with the City, except in those instances when the employee is involved as a party in an action being taken against the City. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. If more than 2.5 hours of their workday remains at the time of release from jury duty or serving as a witness, the employee shall report for duty. 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, 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 annually. Authorized leave of absence for additional or longer periods of time for assignment to duty functions shall be without pay (unless the employee chooses to use accrued vacation leave or compensatory time) and shall be granted by the City. An employee receiving up to fifteen (15) work days of training or serving on active duty shall receive their regular pay and the amount received from the Federal or State government, pursuant to RCW 38.40.060 as may be amended from time to time. 11.4 Emen?:ency Leave - In the event of an unforeseen emergency which requires the absence of an employee, the employee will promptly notify his or her immediate supervisor, or in the absence of the immediate supervisor, the manager on duty in the Department within the first one-half hour of each work day or, if possible, within the one-half (1/2) hour preceding each work day of absence. Such emergency leave shall be charged to an employee's unused vacation, floating holiday or compensatory time leave balance. ARTICLE 12 RETIREMENT BENEFITS 12.1 State Retirement System - Each employee will be enrolled in the Washington State Retirement system for which he or she qualifies. Contributions to the Retirement system will be made on a pre-tax basis. Each employee will be covered by the federal Social Security Act. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 3 1,2008 FOR RAP AGE 2 I OF 33 ARTICLE 13 INSURANCE BENEFITS 13.1 Medical Insurance - The City will make medical insurance coverage available to employees and their dependents, as follows or another plan of equivalent or better coverage: It Kitsap Physician's Service (KPS) Plan B . Group Health Cooperative (GHC) 13.2 Insurance Premium Payments - Payment of insurance premiums will be made as follows: 13.2.1 Employee premium paid in full by the City. Employee eontribution toward dependent coverage \-"ill be seven ($7) dollars per month per dependent up to a maxinr.m1 of twenty one ($21) dollars per month for full family coverage. 13.2.2 Effective Jammry 1, 2005, Section 13.2.1 no longer applies. Employees will be required to pay the following contributions towards the monthly premiums for medical coverage effective as of the 1st of the month following ratification of the agTeement: KPS Plan B or Group Health: -'"' Employee only coverage Dependents coverage Employee Employee 0% 5% City City 100% 95% GHG Emplo)'ce onl)' coveragc Employee pays 100% of the difference betv;een the City's contribution to KPS Phm B E~mployee only coverage and the cost of GIIC employee only coverage. Dependent coverage Employee pays ] 00% of the difference between the City' ;; contribution to KPS Plan 13 dependents coverage and the cost of GEC dependents coverage. 13.2.3 Effective January L 2008 emplovees will be required to pav the following contributions towards the monthly premiwns for medical coverage: Employee onlv coverage: Employee 0% City 100(% Depcndents coverage: Employee 10% City 90% 13.2.4 STIPEND IN LrElJ OF MEDICAL COVERAGE - An employee who waives the right to obtain medical insurance coverage through the City and who provides proof of credible coverage through his/her spouse or other source shall be entitled to receive a stipend of one hundred fifty dollars ($150.00) per month, payable in the amount of seventy-five dollars ($75.00) per pay. Employees shall be required to notifY Human Resources, in writimr. during open enrollment, of their desire to waive medical coverage. or at anytime during the year if a qualifying event occurs which would change their COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 3 I, 2008 FOR RAPAGE 22 OF 33 13.3 13.4 13.5 ", 13.6 status (e.g. marriage, divorce, spouse loss of job or medical coverage). For initial implementation of this benefit for those who elect to waive coverage. the paymerit of the stipend will not be retroactive to January 1, 2006. but will become em~ctive the first pav period of the next month following ratification of the agreement. Since both KPS and Group Health underwriting requirements require a 75% participation rate, in the event that there is less than a 75% participation rate due to employees waiving medical coverage, the City may cease offering the stipend due to the adverse impact upon those insured. Dental Insurance - The City will provide the same benefit levels as are contained in the Washington Dental Service Plan F dental program for employees and their dependents and provide for full payment of insurance premiums. Insurance Benefits Committee - The Insurance Benefits Committee will be comprised of the following members: Mayor or designee, Human Resources Manager or designee, Admini:;trative Service:; Financial Services Director or designee, one employee selected by the non-represented management and professional employees, and one individual selected by each of the recognized unions. The committee will elect a chair and any other officers it deems appropriate. In the event changes in state or federal law create an impact on the present health and welfare premiums or plans, the parties will reopen negotiations on such subject. Vision Insurance - The City will pay the premium for the Washington Teamsters Welfare Trust Vision Plan for all bargaining unit employees employed in the previous month. It shall be the responsibility of the employee to ensure that the required paperwork is completed in a timely manner in order to enroll him/herself ancIJor dependents. ARTICLE 14 WORK RELATED EXPENSES 14.1 Uniforms - The City will provide new and replacement uniforms for each employee in the department whenever the department head determines it is in the best interest of the City. The characteristics of the uniform and what will constitute the uniform shall be at the sole discretion of the Department Head or designee. 14.1.1 Employees furnished uniforms shall be required to wear their uniform when performing work and required by the department. 14.1.2 Standard uniforms provided by the City through uniform service contracts; i.e., shirts, pants and jackets, will be maintained by the City at City expense. All other uniform apparel such as polo shirts, tee shirts, etc., purchased by the City shall be maintained by the employee at the employee's expense. 14.1.3 Employees are expected to take reasonable care of their uniforms. Employees shall notify their supervisor when uniforms are in need of replacement and/or repair. 14.1.4 City uniforms shall not to be worn during non-work hours or to non-work locations, except for incidental stops to or from work and meal periods. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 3 I, 2008 FOR RAPAGE 23 OF 33 14.1.5 While in uniform, employees shall not publicly' drink intoxicating liquor, be publicly intoxicated or under the influence of a controlled substances. 14.2 Cleanilll! Allowance - The cleaning allowance for Warrant Servers shall be $350.00. which shall be paid in the pay period ending Januarv 15th. 14.3 Warrant Servers - The City will provide five (5) uniforms to Warrant Servers. 14.4 Tool Allowance - Vehicle Maintenance: 14.4.1 The City will provide an annual tool allowance of $300 per mechanic to buy more efficient tools or to replace lost, broken, or stolen tools as follows:~ Effective as of Januarv 1. 2006 in the amount of$425.00 Effective as of January 1, 2007 in the amount of $450.00 -" Effective as of Januarv 1. 2008 in the amount of$475.00 14.4.1.1 Payment of the tool allowance will be made in the pay period ending Januarv 15th. 14.4.1.2 Should an employee separate from City employment during the vear. a pro-rated reimbursement to the City for the tool allowance shal] be withheld from the employee's final paycheck. based upon the number of months left in the calendar vear. Example: Employee receives $425 tool allowance in Januarv and then separates from employment in Mav. Employee would be required to reimburse the City in the amount of $247.94 ( $425.00 divided by 12 = $35.42/month x 7 months {.June through December n 14.4.2 The City will purchase all specialty or new tools that are required to perform the job because of changing technology or City equipment. 14.4.3 Replacement of tools lost or stolen on City property or while performing City business will be replaced in accordance with City Policy #3-10-16. 14.4.4 All special and heavy duty tools, power tools, and tools larger than one-half (1/2) inch drive will be furnished and maintained by the City. The City will service and repair all employee owned pneumatic and calibrated tools. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 3 1,2008 FOR RAPAGE 24 OF 33 14.5 Safety Shoes -The City will reimburse employees up to a maximum of $125.00 for the cost of WISJIA approved safety or calked shoeslboots, when the Department/Division has determined that they are required including inspectors, as follows:~ Effective as of January 1, )006 up to a maximum of $150.00 Effective as of January 1. 2007 up to a maximum of$165.00 Effective as ofJanuary 1,2008 up to a maximum of$175.00 14.6 CDL License - When a Commercial Drivers license (CDL) is required for a position by the City, the City will only pay for the cost of the CDL endorsement and required physical examination when making initial application and upon any required renewal. 14.7 License/Certification Differential Pay -Employees that are required by the City and/or choose to have a Washington State certification or license above the minimum certification level set forth below will receive fifty dollars ($50.00) per month for each current certificate above the established minimum. Certifications obtained outside of the certification series identified for the division or work group will be considered only when such certification benefits the City as determined by the Director of Public Works & Utilities. ''"' 14.7.1 WWTP (WWTP Operator Certification Series) · WWTP Operator - WWTPO Group II Plant · WWTP Lab Technician - WWTPO Group II Plant · 'WWTP Operations Supervisor - WWTPO Group III Plant 14.7.2 Water Operations (Water Distribution Certification Series) · Water Operator - Water Distribution Manager I · Water Operator Sf. - Water Distribution Manager II · Water Operator Lead - Water Distribution Manager II · Water Operations Supervisor - Water Distribution Manager III · Environmental Technician and Water Resources Assistant (Water Distribution, WWTP Operator, or Sewer Collection Certification Series) Level II Certification in any Series. Differential pay is allowed for certifications above Level II for one series only. 14.7.3 Water Maintenance (Water Distribution Certification Series) COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 3 1,2008 FOR RAPAGE 25 OF 33 e Water Distribution Supervisor - Water Distribution Manager III 14.7.4 Cross Connection Control Specialist (Cross Connection Control and Backflow Assembly Tester Certification Series) . Cross Connection Control Specialist I 14.7.5 Storm/Sewer Maintenance (Sewer Collection System Certification Series) . Utility Service Specialist Supervisor - Sewer Collection System Level III 14.7.6 Automotive Maintenance Technicians (Automotive Service Excellence Certification Series) . One ASE Master Certification - Automotive, Heavy Equipment, or Emergency Vehicle Technician. Differential /Jay is allowed for each additional Master Certification 14.7.7 Electronics (International Municipal Signal Association - Traffic Signal Certification Series and NT Telephone Certification) '" . Electronics Technician - IMSA Level II - Traffic Signal 14.7.8 Traffic Maintenance (International Municipal Signal Association - Signs and Markings Certification Series) . Sign Shop Service Specialist Supervisor - IMSA Level III - Signs and Markings 14.7.9 Engineering (Professional Engineer and Land Surveyor). There is no Certification Diffcrc:'ltial Pay allowed for EIT or LSIT Certifications. . Engineer I - Engineer-In-Training Certification or Land Surveyor-in-Training Certification . Engineer II - Engineer-In-Training Certification . Engineer III - Professional Engineer 14.7.10 Certified Under-wilter Divers The City will provide monthly certification pay as prcwided in the Agreement for up to (2) two employees \'Iho are National Association for Underwater Instructors (NAUI) certified (or equivalent) marine divers for undcrv,'ater maintenance and non hazardous investigations. Divers will provide all their 0\',11 diving equipment; however, the City shall replace any equipment damaged in the line of duty. The City shall proyide all supplie~; required for any ',','ark reqGested including air. /\n employee's air tanks shall be refilled by the employee at the end of each assignment, and the City '.vill reimbur:;e the employee for the cost of refilling the tanks. It shall be understood that employees holding this certification shall be given the opportunity to refuse to perform work they feel is too dangerous. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 FOR RAPAGE 26 OF 33 14.8 Maintenance of Certifications - The City will reimburse an employee for the actual costs of obtaining and maintaining a professional or work related certification -including a CDL license, which is required by the City or has been required as a condition of working in a particular classification. 14.9 Failure to maintain/obtain required certifications - If an employee fails to obtain or maintain a certification required in order to perform the essential duties and functions of his/her position, shall not receive the monthly certification pay. New hires who are required to obtain a CDL license for their position within six months from their date of hire, and who fail to obtain the required CDL license shall be terminated by the City. 14.10 Meal Expense - The City will reimburse an employee up to eight ($8.00) dollars per meal for meal expenses when the employee is required to work during a bona fide emergency situation after completing his or her regular work day, provided that the employee works at least three (3) additional hours during a twenty-four (24) hour period. To receive reimbursement for meal expense, the employee will submit an appropriate expense claim form 14.11 Travel Authorization and Expense Reimbursement - Travel authorization and expense reimbursement shall be pursuant to Chapter 2.74, Travel Authorization and Expense Reimbursement, of the Bremerton Municipal Code. ''"' ARTICLE 15 SUBCONTRACTING WORK 15.1 The City of Bremerton and the Union will agree that conditions surrounding decisions to subcontract work normally performed by non-uniformed employees are subject to the following: The City will provide a minimum of thirty (30) days advance notice of it's intention to subcontract out work and bargain the impact of such proposed subcontracting. In the event the City enters into a contract, depending on the needs of the City at that time, the City shall have the option to either to keep those affected employees employed in any job classification for which they are qualified, at their current rate of pay, or to pay them under the following conditions: Either one (1) week of severance payor continued employment for each completed year of regular employment with the City, up to a maximum of 16 weeks. Employees will be cashed out of all vacation leave accrued as provided by current agreement. Payout for Sick leave accrual will be granted only to those employees who are within five (5) years of earliest retirement under (PERS), and then at a maximum not to exceed seventeen and one-half percent (17.5%) of their existing balance. Those affected employees will also be placed on Civil Service Reinstatement Registers in accordance with existing rules. ARTICLE 16 MUNICIPAL COURT EMPLOYMENT RIGHTS NON-CIVIL SERVICE EMPLOYEES 16.1 Hiring - The Department will hire and promote employees of the Municipal Court Department in conformance with federal, state and local laws governing hiring practices. Newly hired employees will serve a one (1) veal' six month (6) probationary period during which period the employee may be terminated without cause. Any employee terminated during the probationary period will have no recourse to the grievance procedure. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 3 I, 2008 FOR RAPAGE 27 OF 33 16.2 Promotional Probation - Newly promoted employee's will serve a six month (6) promotional probationary period during which time the employee may be'reduced to his or her former position in the Court at the discretion of the Municipal Court Judge or designee, at the pay step pursuant to 504.1. Any employee reduced to his/her former position during the promotional probationary period will have no recourse to the grievance procedure. 16.3 Discipline and Dischan!e - The Department may discipline or discharge an employee for good cause. "Cause" is hereby defined to be identical to the cause or causes, which are set forth in the Civil Service Rules governing employees covered by Civil Service. 16.4 Civil Service - The procedures which will be employed by the Department in taking disciplinary action or in discharging an employee of the Department who is not covered by Civil Service will be identical to those which are prescribed for use for employees covered by Civil Service with the following exceptions: 16.4.1 The Department will file all required materials with the Human Resources Manager in lieu of the Civil Service Officer. 16.4.2 Appeals of the Department's decision will be processed through the Grievance Procedure -, contained in this agreement. 16.5 Layoff - Employees subject to layoff will be provided thirty (30) calendar days written notice prior to the effective date of layoff. Layoff of Municipal Court employees will be accomplished by seniority from date of hire within the series of classifications grouped as follows: Group 1: Senior Legal Technician Legal Technician Group 2: Probation Officer Detention Specialist 16.5.1 Any new classification used in the Department will be placed in a series group by mutual agreement between the Human Resources Manager Department and the Union. If an employee of the Department who is covered by Civil Service is to be laid off by seniority, he or she will exercise their rights under the Civil Service layoff procedures. 16.6 Civil Service Emplovees - Employees covered by Civil Service will be hired, disciplined and discharged in conformance with Civil Service Rules. ARTICLE 17 DRUG FREE WORK PLACE 17.1 The maintenance of a drug-free work place is essential to the safety and welfare of City employees. The following provisions will apply to employees covered by this agreement: 17.2 Controlled Substances - COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 FOR RAP AGE 28 OF 33 17.2.1 The unlawful manufacturing, distributing, dispensing, possessing or using of a controlled substance or alcohol in the work place is prohibited. Reporting to work under the influence of a controlled substance or alcohol is prohibited. 17.2.2 As a condition of employment, all employees must notify their department head of any criminal drug statute conviction for a violation occurring in the work place no later than five days after such a conviction. 17.3 Prescription or Over-the-Counter Dru!! Use - The use of prescription and over-the-counter drugs which compromise safety in the work place or the quality of the employee's work product is prohibited. 17.4 Employee Sanctions - 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. 17.5 Dru!! Abuse Education Pro!!ram - The City will utilize all available City resources, such as the Police Department's D./\.R.E. program, to educate employees as to the dangers of drug abuse. '''"' 17.6 Confidentiality - 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. 17.7 The parties have agreed to the City of Bremerton Human Resources Policy 3-20-03 "Drug and Alcohol Policy" for employees required to have a Commercial Driver's License, with an effective date of January 1, 1996. The parties agree that the City of Bremerton Human Resources Policy #3-20-03" Drug and Alcohol Policy" will apply to employees not required to have a CDL, however, they will not be subject to random testing. ARTICLE 18 BUS PASSES 18.1 The City will provide Kitsap Transit bus passes to employees working in the downtown core who request bus passes. To be eligible to receive such passes, the employee must ride the bus to and from work an average of three times a week. The City will establish procedures for the issuance of bus passes to employees. It shall be understood that an emplovee issued a bus pass is not eligible to receive free downtown parking. ARTICLE 19 MANAGEMENT RIGHTS 19.1 Subject only to the limitations expressly stated in this agreement, the Union recognizes that the Employer retains the exclusive right to manage its business including, but not limited to, the right to determine the methods and means by which its operations are carried on, to direct the work force and to conduct its operations in a safe and efficient manner. ARTICLE 20 WORK STOPPAGES COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31,2008 FOR RAP AGE 29 OF 33 20.1 STRIKES/LOCKOUTS PROHIBITED- The City and the Union agree that the public interest requires efficient and uninterrupted performance of all CitY services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective during the term of this Agreement. Accordingly, it will be a violation of this Agreement for the City to cause a lockout of its employees or for the Union to call, encourage, or participate in any strike, sympathy strike, slowdown, or other work stoppage. Employees engaging in any of the aforementioned activities will be subject to disciplinary action in accordance with the rules of the Civil Service Commission. ARTICLE 21 GRIEVANCE PROCEDURE 21.1 Definitions: '''"' 21.2 21.3 21.4 21.1.1 Grievance - A grievance is an alleged contract violation, question, or challenge raised by an employee or the Union as to the correct interpretation or application of this Agreement by the City. Such allegation, question, or challenge is to be resolved through this Grievance Procedure. 21.1.2 Civil Service Appeal- An appeal is an allegation of a violation of the Civil Service Rules which is to be resolved through the Civil Service Appeals procedure and is not resolvable through this Grievance Procedure. Step 1 - An employee or Union representative who believes that a question exists as to the correct interpretation or application of this agreement will first discuss the action giving rise to the belief with the immediate supervisor involved within forty-five (45) calendar days of the date the action took place or within forty-five (45) calendar days of the date upon which the employee could reasonably have been expected to know of such action. The employee will have the right to be assisted by an authorized Union representative during this discussion if they request one. The time limits above shall not apply to payroll errors. Step 2 - In the event that the immediate supervisor does not resolve the grievance to the satisfaction of the employee or the Union within a period of fourteen (14) calendar days at Step 1 of this procedure, the employee or the Union Representative will reduce the grievance to writing and will state: the section (or sections) of this agreement which is alleged to have been interpreted or applied incorrectly; an explanation of the grievance in detail, including dates, actions and such other information needed to understand the facts and circumstances giving rise to the grievance; and the remedy sought. The employee will have the right to be assisted by an authorized Union representative in reducing his or her grievance to writing. The employee or Union representative will present the written grievance to the employee's Department Head within fourteen (14) calendar days of the date the employee received the immediate supervisor's response. The Department Head will meet with the employee and/or the employee's Union Representative within fourteen (14) calendar days after receipt of the written grievance for the purpose of considering the matter. The Department Head will reduce his or her decision to writing and will transmit the decision to the employee and the Union representative within fourteen (14) calendar days of meeting with the employee and/or the Union representative. Step 3 - In the event that the Department Head does not resolve the grievance to the satisfaction of the employee or the Union representative at Step 2 of this procedure, the employee or the Union representative will transmit a copy of the original grievance along with a copy of the Department Head's COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31, 2008 FOR RAPAGE 30 OF 33 21.5 21.6 21.7...... 21.8 written response to the Human Resources Manager with a copy to the Mayor within fourteen (14) calendar days of receipt of the Department Head's written response. The Human Resources Manager will consider the grievance and may convene a meeting. The Human Resources Manager will reduce his or her decision to writing within fourteen (14) calendar days ofreceipt of the grievance and transmit the decision to the Union. 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. Immediately thereafter, the parties will petition the Public Employment Relations Commission (PERC) for a list of nine (9) arbitrators. Powers and Duties of the Arbitrator - It will be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing will be kept informal and private. The arbitrator will interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and will not add to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator will render a written decision which will be binding upon the parties. Costs of Arbitration - The expenses of the neutral arbitrator will be borne equally by the parties. Each party will singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses and attorneys. The party desiring a record of the proceedings will bear the cost of obtaining such record. Time Limits - Time limits established in this procedure will be strictly adhered to but may be waived by mutual agreement of the Union and the City. All procedures contained herein will be complied with as expeditiously as practicable. ARTICLE 22 SEVERABILITY 22.1 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 will not be held invalid and will remain in full force and effect. The Union and the City will immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 23 ENTIRE AGREEMENT 23.1 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. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1, 2006 through December 3 I, 2008 FOR RAPAGE 31 OF 33 ARTICLE 24 CONFLICTING PROVISIONS 24.1 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 will prevail. ARTICLE 25 LABOR MANAGEMENT COMMITTEE 25.1 Labor Management - The City 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 five (5) duly authorized representatives of the Union will function as one-half (1/2) of a Labor- Management Committee, the other half being no more than five (5) certain representatives of the City named for that purpose. The Committee will meet as necessaty at least once every three (3) months for the purpose of discussing and facilitating the resolution of all problems, which may arise between the parties. The City will provide a draft of the minutes of the meeting to the Union's Committee members within (2) two weeks of the meeting. At the Committee's discretion, additional meeting~; may be held. The Committee will be chaired by a member elected by the Committee. 25.2 Should the Union and Employer mutually agree to change, add, or delete any provIsIOn of this Agreement, policies or rules, such change will be set forth in writing. '''"' ARTICLE 26 JOB SHARING 26.1 Job Sharing - The parties consider job sharing as a potential viable alternative to full time employment. Jobs may be shared on an hourly, or daily basis. 26.2 All leave for job-sharing employees will be provided on a pro-rated basis. Insurance benefits premium costs will be determined on a case by case basis; however, the total cost to the City cannot exceed the cost for a full time employee. 26.3 Job sharing may only be done by mutual agreement of the employees affected and Department Head or designee. Vacant full time positions may be announced as "Job Sharing" only if agreed to by the City and Union. 26.4 All time worked by an employee above the base scheduled hours for the position will be considered overtime, provided, however, that the combined paid hours for the position exceed forty (40) in the work week. 26.5 Job sharing employees must sign a "Job Sharing Contract" acknowledging their acceptance of appropriate conditions including the following: 26.5.1 Either job sharing employee may request terminating the contract and returning to full-time employment. Accommodation of this request shall be subject to the availability of a vacant position. The remaining employee may be required to work full-time until another "job sharing" employee can be found, and is approved by the Department Head or designee. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January 1,2006 through December 31, 2008 FOR RAPAGE 32 OF 33 26.5.2. Job sharing employees agree to work full-time during the absence of the other employee, when requested. 26.5.3 Regular status for employees "job sharing" will be achieved upon successful completion of hours worked equivalent to the duration of the probationary period for the classification. 26.5.4. Step increases for "job sharing" employees shall be granted in the same manner as full-time employees on an equivalent basis, 26.5.5 Other conditions as may be considered necessary by the Department Head or designee may be made part of the job sharing contract. Provided, however, that they do not alter any terms of this Labor Agreement or the Civil Service Rules. 26.5.6. The job sharing contract may be terminated at the discretion of the Department Head or designee in accordance with the Civil Service Rules. 26.5.7. The negotiated job sharing contract will indicate the base schedule to be worked by each employee and the distribution of insurance benefits premium costs. " ARTICLE 27. TEMPORARY ASSIGNMENT AND SPECIAL ASSIGNMENT 27.1 Temporary Assignment - An employee covered by this Agreement may be temporarily assigned the duties and responsibilities of a position which has a higher pay classification than his/her regularly assigned classification in which the incumbent employee is absent due to an extended illness, leave of absence or other extenuating circumstances, An employee who is temporary assigned to such a position shall be compensated at five percent (5%) above his/her current pay rate or the first step of the higher pay rate, whichever is greater. In no case shall an employee be paid more than the top pay step of the higher classification or serve in a temporary assignment for more than one (1) year. A temporary assignment may be extended one (1) time, on a case-by-case basis, for up to a maximum of six (6) months at the discretion of the Department Director. Such extension shall require the concurrence of the Human Resources Director and the Union. It shall be understood that compensation at the higher pay rate shall be effective after the completion of forty (40) consecutive hours in the temporary assignment. The first forty (40) hours of the temporary assignment shall be paid at the employee's regular rate of pay. Temporary Assignment will not affect an employee's anniversary date for step advancement purposes. 27.2 Special Assignment - An employee covered by this agreement may be placed in a special assignment, rather than being permanently reclassified to a higher level to allow for employee rotation, to enhance upward mobility, or for special projects for a period of one (1) calendar year or less. A Special Assignment may be extended one (1) time, on a case-by-case basis. for up to a maximum of six (6) months at the discretion of the Depmiment Director. Such extension shall require the concurrence of the Human Resources Manager and the Union. (LOU dated 8/31/05) Special Assignments shall not to be used for staffing shortages. Compensation for Special Assignments may be granted up to a maximum of ten percent 10% above what the current rate of pay is for the employee and requires the approval of the COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 31,2008 FOR RAP AGE 33 OF 33 Human Resources Manager Director. Special Assignment will not affect an employee's anniversary date for step advancement purposes. ARTICLE 28 28.1 28.2 28.3 NEW 28.4 28.5 28.6 W ASTEW A TER TREATMENT PLANT - EMPLOYEES WWTP Operator's License Differential- WWTP Operator's that are required by the employer and/or choose to have a Washington State Operator's License above Group II will receive Fifty Dollars ($50.00) per month for each current certificate above Group II. WWTP Operations Supervisor License Differential - WWTP Operation Supervisor's that have a Washington State Operator's license above Group III, will receive Fifty Dollars ($50.00) per month for each certification above Group III. WWTP Operator-in-Charge Differential - When the employer designates a WWTP Operator-in- Charge for a minimum of one full shift, they will receive a five (5%) percent differential applied to their base hourly pay for each shift so assigned. -" WWTP Maintenance Mechanic-in-Charge Differential - When the employer designates a WWTP Maintenance Mechanic-in-Charge for a minimum of one full shift. they will receive a five (5%) percent diHerential applied to their base hourly pay for each shift so assigned. WWTP Operator Trainee Probationary Period - The probationary period shall be not less than six (6) months and no more than eighteen (18) months, contingent upon when employee obtains the required WWTP Operator's license. Promoted Employees - If between six (6) and eighteen (18) months the employee does not qualify for WWTP Operator they will be returned to the class they previously held, provided they held such class in a non-probationary status. New Hires - If between six (6) and eighteen (18) months the employee does not qualify for WWTP Operator, the employee shall be terminated. ARTICLE 29 TEAMSTERS SUPPLEMENTAL PENSION PLAN The City agrees to allow the bargaining unit employees the opportunity to voluntarily participate in the Teamsters Supplemental Pension Plan. It shall be understood that participation in this plan shall be strictly voluntary and that 100% of the cost of participation shall be the sole responsibility of the employee. ARTICLE 30 DOWNTOWN PARKING Effective as of the first of the month follO\ving ratification of this contract by both the City and the Union, tIhe City shall provide free parking for all bargaining unit members who are assigned to work on a regular basis in the downtown area. COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 31,2008 FOR RAPAGE 34 OF 33 NEW ARTICLE -AlJTOMA TIC PROMOTION FROM PLANNER I TO PLANNER 11 AFTER THREE (3) YEARS Employees hired as Planner I who successfullv complete three (3) years of employment with the City as a Planner L upon reaching their third (3rd) year anniversary date. will be automatically promoted to Planner II without Civil Service testing as long as his/her 3rd year annual evaluation reflects a "Meets Expectations" or higher rating. If a Planner I fail to receive their ]rd veal' alU1ua] evaluation in a timely manner. it shall be assumed that their perfomlance "Meets Expectations" and they will be promoted to Planner n. This shall apply retroactively to any employee in a PlaImer I classification as of the date of ratification of this contract. This does not preclude the City from promoting a Planner I to a Planner 1I position through the normal Civil Service promotional testing process prior to reaching his/her 3rd veal' anniversary. ARTICLE 31 TERM 31.1 This Agreement will become effective upon January 1, 200Q4 and will remain in effect through December 31, 200~;). All requests to amend, modifY or terminate this Agreement will require either party to file written notice upon the other at least one hundred eighty (180) days prior to December 31, 2008;). " This agreement is hereby submitted to the Bremerton City Council by the City representative and the Union representative for the Council's consideration and approval. Upon approval, this agreement will become binding upon the City, the Union and all of the employees in the bargaining unit covered by this agreement. APPROVED by the Bremerton City Council on the +8#t day of August , 200Q4. Signed this day of , 200Q4 FOR THE CITY OF BREMERTON FOR GENERAL TEAMSTERS LOCAL UNION #589: Carol S. Conley, Human Resources Manager Kenneth P. Troup, Business Representative By Honorable Cary Bozeman, Mayor Approved as to Form: Attest: Roger Lubovich, City Attorney Paula Johnston, City Clerk COLLECTIVE BARGAINING AGREEMENT for ratification CITY OF BREMERTON, WASHINGTON & TEAMSTERS LOCAL NO. 589 January I, 2006 through December 3 I, 2008 FOR RAPAGE 35 OF 33 Grade 4 Parks laborer +~?r:~e:yity Grade 5 Office Assistant I +L?D~e:yi!y . " Grade 6 Office Assistant II +Longe:yity Grade 7 Office Assistant III Police Records Specialist I n~. 20g~.!~al1lsters,o.~J:>endix A \I\Iit~ .2. 311,,!~.c:: Q~,o.wl!lc~~",!;~.~",nu.",rx. .Annual ...... .Lry1.()~tbly. w.. J~E!l1li-rv1(mtbly '. .. ... wl::l.().~::! Y.. Q! 1j?~rIY"HW' Base +1% Base +2% Base Base +4% :Annual Monthly '?e:illi-Monthly , Ho~rly H.!Q!Ij().~rly. ., Base +1% : Base +2% : Base +3% Base +4% :Annual .. :rv1ont~ly. .... J ~e l1li~rv1(>ntbly ". ........ '..W'. . jlj()~ r.1 y .QTHourly..... i.E3~se +1 % ; Base +2% Base +3% Base +4% :.rv1ont~ly. 1 Semi~rv1o~!~ly : Hourly ;Q! Hourly :Base +1% .......... ....:$~se+2~I~w. :Base +3% ,wTB~se +4% Grade 8 ""~"'~~,.',.._..<,.c,__, Accou ntil1!;1.,o.ss ista ntl.I.. l~g.<l.II e(;~l1i(;ia!l Office Assistant Sr. Recreation..~E()g... <:o(>r..1 ",..w-+.., 12 Mos..1.~HIYI.os.i Step A Step B, ?7.,541 .2}295 ..1.,14.8. . 13.19 ' '19:79" 13}?w:. 13.45 13.59 13.72 30,527 : :::=2;.~~~:.::. . 1,272 : ..' :r4.62r' 21.93 . . ,. 'm~' =~'''' "',"',,"<-~ '^~ ." < 14.77 14.91 15.06 . J?;?9.J . ?~,.??1 2,~~~.: 1,177 : 13.53 : .. }9,39J 13.67 ; 13.80 ; 13.94 ~"m,.."^"w," ,w,W. .",~ 14.07 .3.1!3.?.o...' .....?,619.;. ..1,305 15.09.1. 22.50 ! 15.15 : 15.30 : 15.4~.J 15.69L 32,9~9J. 2,748 ;. ...1}~Zi.;.. 15.79 I 23.69 . , w w'~~~1. ., .15:~~J 16.11 i 16.26'1 16.42 2,897 1}~~~. 16.'E3?L. 24.98 : ~-'-'--l 16.82 : 16.98 1715 17.32 12 Mos. Step G ~ 2.~,91~:. .?~,.712 . 2,419 . ..?~~?6. 1.,?95 1~ ?3~ 13.85 14.23 ' 20.78 21.35 : 13.99 14.3.?J.. 14.13 . 14.51. W','_ ._,w..w"",.w.".ww.",.-+.w. mww1~.2T,. 14.66: 14.40 1'1'4.80:1 31}~20 ?'.E31.9 1,~95 15.00 ; 22:50: .. 15.:..15. L 15.30 15.45 15.60 : ,.~.2.,155.. , ..?!?~O 1,~40 15.40 23.10 15.55 5.71 15.86 16.02 ~ ..,~w, .~.3L~.88 ?,~.?~ 1.,~.1..2 16.23 24.35 16.39 16.55 16.72 16.88 t^''' ,< .j. ". 3~,?65..t.. ...... .2} 8~L .1,. 1,449 .' -'V" 30,527 .?,544 !J?.?2 14.62 21.93 "',','="~w,^-".y,-<,-.,,, 14.77 14.91 15.06 15.20 ~),.3?9 . 2~?.1.o ,.. ...~,.3'O5 ' 15.00 22.50 : 15.15 : 1 15.45 15.60 , Step G .. .32,155 2,689.. .1L~~0 15.40 23.10 15.55 15.71 15.86 16.02 33!~~8 2}82.4. ....1.,41.? 16.23 24.35 16.39 16.55 16.72 16.88 w" _'v m" 35,726 2,977 .1,.489 17.11 25.67 17.28 17.45 17.62 17.79 37,605 3,134 .,1'.?67. 18.01 27,02 18.19 18.37 18.55 18.73 3~L.?~~. .},:3~q~ 1,EJ54 19.01 28.52 19.20 19.39 19.58 19.77 C:\Documents and Seltings\CONLEY.BREMERTON\Local Seltings\Temporary Internet Files\OLK12\Teamsters Appendix A - Detail- 2006 Jan 1 20062.311 6/26/2006 11 :29 AM 1 ...32, .15.5. 2,680 1,340 15.40 23.10 15.55 15.71 15.86 16.02 . 3?,.~70 ; 2,7.48 : 1,374 15.79 23.69 ! .'v."'"''___''_____''''' 15.95 : 16. 1 16.26 1 16.42 2006 Teamste~~,~ppendix A,~ ' 2.311I1c~~i:I~e.Jal1!:'i:lEy1 2006 u .____~y_, 12 Mos. ,...... Step em Grade 9 "'''''''Y''.d.'mY'~'',~,'._'''' Accoul1~t!.l1g..A.~~i~t.i:I,I1!..1I1 Police Recordsm~p~~ialist II Water Resources Assistant Grade 10 :Annual Ac~~unti~~Assistant~r~ '''I~~.~ihly Legal Technician Sr. .l~~flli:ry1()nt~lyJ. 2!fi~~~!ilii!iti:lll!....~.~l1i<?E~P~~'Ji 1j()U ~Iy Parks Service.~pl:!cii:l.ll,st ,:OTIj()!:l~ly ,.~.. ~~,X.r.<:>_'"I...~_p,~~,ialist i.Base >~~.y% \ l/\f~bSupp<?rt~J>l:!.cii:llist Base +2% Base +3% Base +4% 37!E3Q5 134 ..1.,~Ei7.J 18.01 ; ................27:02....... 18.19 . 18.37 ' 18.55 18.73 38,64.~.39,Ei~~ . },221 3,3Q8 ..1,.E3.11L~ ,..1! Ei~~,. 18.51' 19.01 27.77 : 28.52 : 18. 70 ;wu...l~.2Q.J. 18.88 i 19.39 . ....1.9:07'r 19.58 19.25 .' 19.77 Grade 11 :Annual Building &1?~".S,pec.l. . "Iv1~~thlyh,. E;ngineering!l:!chniciall.II, ....Semi:lII1()nthly, Recreation.f>.r()g~(;oor~. II..: Hourly...... .. .S,ign ~h()PS,~E"ice Sp.e(;ii:ll.i!itJQ!f-jourly......... : StreetS,l:!~i.(;~Spedalist i Base +1 % ,':!.t.i.II!!.~!i~~~iceSp~cii:lli!i! Base +2% l/\fi:l!~E()perator Base +3% iBase +4% "'^'~'-.'^ ""'~WT'd mooNm" ., ,,~~'!3~~. ...},398 ; .1,65~.. 19.01 28.52 , '"" Y _""""Y'""hW"WV^,O' 19:?Q....... 19.39 .. 19.58 .. 19.77 . 40,7~~.; . 3!~~!J. 1'!39~..; 19.52 i 29.28 i 19.72 19.91 20.11 20.30 . 41,,~?7 .,3,.~.~~4 1 ,7 47 20.08 30.12 : 20.28 i 20.48 ' 20.68 20.88 . ... Grade 12 :Annual ,)." ~()'!~.':I.oflle[)etentionSpec. 'Monthly "m~ ForestryS,~rvice Spec. Sr. .:~~flli:III1()I1!hly j:)i:lr,~s...S,~~i~e~pe(;~Sr. i Hourly Probation Officer aT ~.ec:.r,~i:I..ti()!.'lf>r,og.c:()ord.m Base +1 Warrant Server . Base +2% ''''y__.._">>''v.'~,.' ,o",_,"V,',,"' WWTP Maintenance Tech. ;Base +~.~/o Base +4% 43,096 3,591 1,796 12 MosJ StepD 40,7~~i ..3.,397. .1, 6~.~.,.. 19.52 i ,...?~.,?~.L ...1,~: 72 i 19.91 20.11 20.30 4~,O~?, ....~S,,?3~ ,3,795 1,898 21.81 32.72 22.03 22.25 ; 22.46 22.68 ; 12 Mos. StepE 12 Mos.1 .;" StepFl.. Step G 41,92! ..~!~9~. .. ,.,1.,7~7 20.08 . 30.12 20.28 20.48 20.68 20.88 43, 0.~6. 3,5~1i 1}7~!3.J 20.64 i 30.96 i 20.85 21.05 21.26 21.47 ~~1!.~27.... .....~!.~.94 1,74? 20.08 30.12 20.28 20.48 20.68 20.88 .i~!~?4.? .}.cEi~? .1,?44 21.19 31.79 21.40 21.61 21.83 22.04 ...~.?.'z.s,o ~,B~6 1}~~8 22.39 33.59 22.61 22.84 23.06 23.29 49,3~9 .~1L11.2 ,2,gS,? 23.63 35.45 23.87 24.10 24.34 24.58 C:\Documents and Settings\CONLEY.BREMERTON\Local Settings\Temporary Internet Files\OLK12\Teamsters Appendix A - Detail - 2006 Jan 1 20062.311 6/26/2006 11 :29 AM 2 46,7,59 3,896 . 1,~4~. 22.39 33.59 22.61 22.84 23.06 23.29 4!.,~82 ..~.~~~~, ?,gQO 22.98 34.47 23.21 12Mos. 12 Mos. Step EStep F: Step G Grade 13 ,Anl1.LJ.~I. Autom()!ive~quip. Tech. Monthly En!] ineerin.g. IEl.c!1.,:,!~.~all.I.I.1 . ..... I~~fl:1i-'rJI?nthly; Maintenance Coordinator i 'l:loy~ly.w PC Technician ()IIj()LJ~ly Si91l~~()p~Elr\fice Sp,E1c~.~r~ .. Base +1 % StreE1ts~er\fice~PE1<:.~r. '.' .~ase +2% iJtiliti~~ Cu~t~~~r SerYic~R~r~~se +3"1?,~ Utilities~E1r\ficEl..~PEl.<:~~r,: ....: !?~~~.+4% "",~tE1rQpE1~at()E.~E:... ............... WWTP Lab Technician Grade 14 Accountant c;()fl:1fl:111lli!Y.'3:Elsource Sp'ec. E3,uil~i,:,g~[)El~~~PElc.. II Planner I ..!JlgllE1~ator I :Annual '''Y'V'"' ~__v,_'" :rvl()n.t~ly. .. : Sefl:1i:rJI<?l1.thly Hourly Grade 15 Assistant Network Admin. Customer Service/PC Tech. ~,-"~"~v""""-~~"<""' _ Electronics Technician .~1l9iIlElEl.~i.!:'.g.!echnician IV Environmental Technician ~()lIEney~e"el~lectrician : Base +2% LEla~,"llt()EIl()tiyeECluip'.~!ech Base +3% Lea~Utili!iE1.~..~e.r\fice~PE1c.~ Base +4% Lead Water Distribllt~()Il.~PEl~~ ~El.~. ~.",,~tElr..Q PEl r,~!() r....w.. .... ..)."..... Maintenance Coordinator II ~~E~~~~<:.~lities SI>E1c::ialist Pa rks~e.a~.~E1r\fice~pec~ lJ!ilit.i.E1~.~<:C::()lI nts.~ LJ pvr. WWTP CMMS Technician \l\l\l\lIP OperCl.t.<>EII Grade 16 ........w....l"l1l1ual Civil En!]i.':'Eler..I.. . .......... .....w' M.onthly ...j.... Cross Connection Cont~I>Elc~~fl:1i-rJI()l1thly t. 1j()~ly . ()I.Ij()urly Base +1% i B~~~~2'%' . . Bas,~+3% Base +4% 53.,5.1.~wi. ~,~(3q ~.... 2,?30i .......?~.:.63....i 38.45 . 25.89 ; 26.14 . 26.40 26.66 55,061 .4!.5.~~ 2!2.9'!..... 26.37 39.56 26.63 26.90 27.16 27.42 49:3~9. ..~,.~.1.? },056 - 23.63 35.45 23.87 24.10 24.34 24.58 .5~, q(31 ~!588 ?,294. 26.37 39.56 26.63 26.90 27.16 27.42 . 58,193 4,849 2,425 27.87 41.81 28.15 28.43 28.71 28.98 5(3, ~'!~. 4,71? ..2,356. 27.08 ' 40.62 . 27.35 27.62 27.89 28.16 ~~,~~~ - 4,~~g ,m ..?,~95 : 28.68 : 43.02 : 28.97 . 29.25 29.54 29.83 C:IDocuments and SettingsICONLEY.BREMERTONILocal SettingslTemporary Internet FileslOLK121Teamsters Appendix A - Detail. 2006 Jan 1 20062.311 6/26/2006 11 :29 AM 3 52,054 4,33~. 2,169 24.93 37.40 25.18 25.43 25.68 25.93 55..Q61 . .4..~88. 2'.??4... 26.37 39.56 26.63 26.90 27.16 27.42 58,193 4,~49 ?..425 27.87 41.81 28.15 28.43 28.71 28.98 '" . .61!533 128 .. 2,5(3.~ 29.47 44.21 29.76 30.06 30.35 30.65 200(;..!~C1I!1!>t~r!>~pp~ndix;.~ ,lJIIit'~T~.~11."Io.(;Q~~ In(;~~C1!>.~..~.a.lllJal)'.1 ,299(5 ...L....w.......... 1211!1()s:L...12 Mos. 12 Mos': 12 Mos. 12 Mos. Step B, StepC'StepD;,'St;~'E Step F 12 Mos.' . Step A. Step G (31}5~~., . . t)}1?~ 2)5(34 . 29.47 44,21 29.76 30.06 ,}Q.~5 ',. 30.65 6,~.'2~7 ........6t),020 ?,,27~...' 5A 18 ..?,(3~7 !.2JO.9.. 30.31 31.14 45.47 , 46.71 30.61 31.45 30.92 . 31.76 31.22 32.07 31.52 32.39 t)5,9(31.. 4,588 . 2,2g4J 26.37,.. 39.56 26,63 26.90 27.16 27.42 5(3!?4~ . i 4,712 2,35(3L .. ..}LQ~..L... 4Q:62 ; 27.35 : 27.62 ; 27.89 . 28.16; 193 .~}~~9 ?~4??. 27.87 41.81 28.1 28.43 28.71 28.98 Grade 17,.....!J.\llllual E Ie ctr()lli~!>~.lJP~ r:yi~()~i~()nth Iy '.' ...... .., Facilities I nvellt()ry~.lJP~,:,:,i.!>();~~~i:~gllthIYL... Network Administratorf1olJ~lx . Parks Maintenance Sup. ()1'f1()ur1y Planner II ...... : Base.:l:1 % ~ign~~op ~~r:y.Spec..~up. .' Base +2% Streets Servi~~~p~s~~upvr. . Base +3% ~!.iliti~!>.~~,:,:,ic.~.~p~(;:~up: .:.E3.a?~. +4% Water Distributi()ll~lJP~ 1JIIC1.!~r~E:!.~().lJrce~()prns. Supv. WWTP Maintenance S.upY~.J WWTP OperCl!ioll~~lJP~ryi.sor 'Annual -,'-, _'--r-_," -".-_-'-AW-_~'''. L~ollt.~ly. :Semi:~().Ilthly .......HolJrly.. l()!Hourly :Base +1% Base +2% Base +3% Base +4% Grade 18 C i\,il.~ 1l.9!.Il.E:!.E:!.r,II". '" . . Ellgine~ri.1l9Technician ~r~. r~stry .~eryi,~eSpe(;,SlJP. 6(3.,..8.~2 5:t)7Q; .?,7~.? .' 32.01 48.02 32.33 ' {3..~ ,.{3X~, ,.?,X23 ?~8,6? 32.89 49.34 33.22 33.55 33.88 34.21 2,425 . ,^'" _,.w. ""~'W~"WN^".V,. 27.87 . 41.81 28.15 28.43 ,,_ ""^"__'W_'.h'~' on 28.71 28.98 Grade 19 Civil 6~,67 4, 5,723 2 '~€3? . 32.89 49.34 33.22 33.55 33.88 34.21 70,4Q7; !3,867; ?,9,34 33.72 . 50.58 : 34.06 34.39 34.73 35.07 72,,1~2 6,015 3,00.? 34.57 51.86 34.92 35.26 35.61 35.95 III 2,7~? 32.01 48.02 32.33 ! 32.65 . 32.97 33.29 C:\Documents and Settings\CONLEY.BREMERTON\Local Settings\Temporary Internet Files\OLK12\Teamsters Appendix A - Detail. 2006 Jan 1 20062.311 6/26/2006 11 :29 AM 4 DATE SUBMITTED: June 21, 2006 BILL # 0(9- \ti3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 'A ........................................................................................ SUBJECT: Bid award and approval of contract with Berschauer Phillips Construction Company for the Bremerton Police remodel and addition at Burwell and Chester. Committee Meeting Date: 6/28/2006 COUNCIL MEETING Date: 7/5/2006 Department: Economic Dev. Presenter: Gary Sexton Phone: 360-473-5282 SUMMARY: A call for bid was issued and two bids were received for the remodel and addition of the Bremerton Police Station. The architect's estimate was $1,247,050 including alternates. The low responsive base bid without alternates was received from Berschauer Phillips in the amount of $1,495,417 plus sales tax. Bid alternates 1 through 10 totalled $$468,828. It is recommended that the bid be awarded to Berschauer Phillips with additive 4 (asphalt coating) in the sum of $4,979 and additive 5 (paint existing metal siding) in the sum of $2,081. ,,~TTACHMENTS: Bid Tabulation FISCAL IMP ACTS (Include Budgeted Amount): This project is funded by the Public Safety Bond proceeds and is included in the 2006 budget. APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA D I RECOMMENDED MOTION: I move City Council approve award of the bid to Berschauser Phillips for construction of Bremerton Police Station at Burwell and Chester for a total bid of $1,495,417 plus sales tax of$128,605 for a total of$1,624,022.00 plus additive 4 (asphalt coating) in the sum of $4,979 and additive 5 (paint existing metal siding) in the sum of $2,081 and authorize the Mayor to finalize and execute a contract for the same. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action CITY OF BREMERTON BID TABULATION EllD rITLE_n,el/ll!~ fJ lic.-(!. JS u ; L~" OPENEDBY:~Mj~ JOJM)~ DATE OPENED: - ~ - /3-0 t., - TIME OPENED: ;2: 03 fl;tA..; ~~ . - ~u )O~ ~iW~5 . BOND ITEM 1 ITEM Z ITEM)"- I ;2 REcqRDED BY: !?ud~ ~ ~ NAME OF BIDDER _SALES TAX TOTAL ----I -1 _~__~u(e(' Ph ~ l{ \~ -XlvJSfJ .~ D SUMMARY APPARENT LOW BIDDER TOTAL BID COMMENTS ENGINEER ESTIMATE ONe SA\-ES TAX) $ /,;;( 5V. 060 lk'-(' ( Adc1c'f(VL-S' " .. SECOND LOW BIDDER THIRD LOW BIDDER CONTRACT PAGE 1 of3 THIS AGREEMENT is dated the day of by and between City of Bremerton (hereinafter called CITY) and in the year 2006 Berschauer Phillips Construction Company (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled Bremerton Police Building. ARTICLE 2. CONTRACT TIMES. The WORK shall be completed within 180 calendar days from the commencement date stated in the Notice to Proceed. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence of this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein and Special Provision 1-08.5, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense; and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages for each day that expires after the time specified in Article 2 herein and Special Provision 1-08.5 for Substantial Completion and Final Completion of the WORK in accordance with Section 1-08.9 of the Standard Specifications as may be modified by the Special Provisions. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount of the base bid $1,495,417, plus alternate 4 (asphalt coating) in the sum of $4,979 and alternate 5 (paint existing metal siding) in the sum of $2,081 plus state sales tax. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions Contractor Initials CONTRACT PAGE 2 of 3 ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract (pages Contract-1 to Contract-3, inclusive) and the following attachments to this Contract: · Notice Inviting Bids, · Bidders Checklist, · Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, · Performance Bond, · Payment Bond, · Standard Specifications, · Special Provisions, · Contract Plans, · Addenda numbers 1 to 3, inclusive. · Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. · All other provisions as listed in the Table of Contents for Bremerton Police Building There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the negligence or willful misconduct of the CITY as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contractor Initials CONTRACT PAGE 3 of 3 ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay subcontractors and suppliers. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY: City of Bremerton CONTRACTOR: Berschauer Phillips Construction Company By By [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices 345 6th Street. Suite 600 Bremerton. WA 98337 License No. DATE SUBMITTED: 6-7-06 AB#06-138 AGENDA BILL CITY OF BREMERTON CITY COUNCIL lD& mB~B..BDmaDmm.D.maaaaSBaaBBBBaaa.a8mR.amaaBmB....m....aaa......amBB.m..ammmcDcmsamu.ODal SUBJECT: Ordinance No.lf97S'" amending certain sections ofBMC Chapter 2.76 Procurement & Disposal Code and repealing certain ordinances relating to purchase and sale of goods, services and property Committee Meeting Date: 6-14-06 COUNCIL MEETING Date: 7-5-06 Department: City Attomey Presenter: Roger Lubovich Phone: 473-2345 SUMMARY: Staff is recommending that Chapter 2.76 - Procurement & Disposal Code ofthe Bremerton Municipal Code be amended to clarify the definition of bid splitting. Also, the proposed ordinance repeals certain ordinances that related to the older version of Chapter 2.76 that was replaced upon the passage of Ordinance 4934 in March 2005. ., .." ATTACHMENTS: Proposed Ordinance and Policy No. 1-20-03 FISCAL IMPACTS (Include Budgeted Amount): No direct fiscal impact. A...~Lvdl':ation wili' cnlumee ftcco\lfiting 8fi1ci"m",~t,;::> Clud vvi~fivClL~VH thEH pLUI,.;"'L&mcn.t~ at'- to ",,(JdG~'-"I/O" APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~~~ I CONSENT AGENDA D I 2/~:C~/A' RECOMMENDED MOTION: Move to pass Ordinance No.1 Q7S amending certain sections of Chapter 2.76 of the Bremerton Municipal Code relating to procurement of goods and services and further repealing certain ordinances relating to the pur,chase and sale of goods, services and property. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. &..\q1~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending certain sections of Chapter 2.76 of the Bremerton Municipal Code relating to procurement of goods and services, and further, repealing certain ordinances relating to the purchase and sale of goods, services and property. WHEREAS, the City Council desires to amend provisions of Chapter 2.76 of the Bremerton Municipal Code relating to procurement of goods and services and the contract approval authority for purchases and make other related amendments, and WHEREAS, the City Council, as a housekeeping measure, desires to repeal certain ordinances relating to the purchase and sale of goods, services and property; NOW THEREFORE, ''"' THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.76.100 ofthe Bremerton Municipal Code entitled "Purpose" is hereby amended to read as follows: 2.76.010 PURPOSE It is the purpose ofthis policy chapter to provide guidelines for the purchase of goods and services by the City in order to maintain an efficient and accountable purchasing process. It is also the purpose of this policy chapter to allow for the flexible application of these guidelines for more efficient and cost-effective purchases where their strict application would not be in the City's best interest, such as, for example, in those instances where requests for bids or quotations would not be appropriate due to a sole source supplier or where negotiations with a particular supplier would be more appropriate due to a specialized need of the City. SECTION 2. Section 2.76.040 ofthe Bremerton Municipal Code entitled "Requests for Bids and Bid List" is hereby amended to read as follows: 2.76.040 REQUESTS FOR BIDS AND BID LISTS. Requests for bids required in this section shall be solicited for the purpose of establishing comparable and competitive bid pricing and the best price for the proposed purchase. Bids received in response to such requests for bids shall be documented and submitted, along with any other relevant material, to the approving authority as set forth in BMC 2.76.G60100. Bids for purchases shall be obtained as follows: (a) Purchases ofTen Thousand Dollars ($10,000) or Less. Any contract for which the estimated cost to purchase goods or services is ten thousand dollars ($10,000) or less shall be entered into pursuant to such terms and conditions as may be authorized by the Director. Purchases under this subsection are not required to be entered into pursuant to solicitation or requests for bids and may be entered into through direct negotiations. I Procurement and Disposal 2006 Amendment (b) Purchases over Ten Thousand Dollars ($10,000) but Not Exceeding Twenty-Five Thousand Dollars ($25,000). If it appears that the estimated cost of a contract to purchase goods or services, other than professional and consulting services, will be over ten thousand dollars ($10,000) but not exceeding twenty-five thousand dollars ($25,000), the Director may contract as follows: (1) Telephone and/or Written Bids. Solicit, obtain and document telephone and/or written comparable bids for each purchase from at least three (3) sources. Ifless than three (3) vendors are available for bids after reasonable attempts, then such shall be documented and bids may be obtained from the available sources; (2) Bid Lists. For regularly made purchases, a list of comparable bids may be maintained and updated periodically and purchases made from that list without soliciting bids for each such purchase; (3) Written Request for Bids. Request in writing, and obtain from at least three (3) sources, written comparable bids for each purchase. Requests for bids should be in writing and contain appropriate specifications and terms of purchase as may be applicable. Ifless than three (3) vendors are available for bid after reasonable attempts, then such shall be documented and bids may be obtained from the available sources; or ", (4) Advertised Request for Bids. Publish notice calling for bids in a newspaper of general circulation most likely to bring responsive bids at least ten (10) days before entering into that contract. The notice shall generally state the nature of the contemplated purchase and the description or specifications thereof, and it shall require that the bids be filed with the City Clerk or other designated office of the City within the time specified therein. (c) Purchases over Twenty-Five Thousand Dollars ($25,000). If it appears that the estimated cost of a contract to purchase goods or services, other than professional and consulting services, will be over twenty-five thousand dollars ($25,000), the Director may contract for purchase as follows: (1) Written request for bids pursuant to subsection (b )(3) ofthis section; or (2) Advertised request for bids pursuant to subsection (b)( 4) of this section. (d) A ward of Contract on Best Bid. Subject to the authorization requirements set forth in BMC 2.76.100, the Director may: (1) A ward a contract for purchase to the best bid as defined in BMC 2.76.030(a) in response to a solicitation or request for bid pursuant to this section; (2) Reject any and all bids; and/or (3) Enter into direct negotiations with a bidder to modify the product or service to be purchased or to obtain a more favorable price or terms for the City. If an award of a contract for goods and services is made to a supplier who is not the lowest bidder, then the reason for awarding the contract to another supplier shall be documented (delivery time, warranty, the bid did not meet the product or service requirements of the City, or specific product line preferred for uniform equipment fleet, etc.). (e) Local Preference Purchase for Goods. When reviewing bids for purchase, all things being equal when considering factors such as product quality, delivery, warranty or service provided, there is a preference to purchase from a local supplier. A local supplier is a supplier having an office or facility located in Kitsap County and licensed to do and doing business in the county. (f) Contracts with Other Public Entities. In lieu of the requirements for requests for bids pursuant to this section, the City may, pursuant to an interlocal agreement with another 2 Procurement and Disposal 2006 Amendment public entity which has entered into a contract with a supplier pursuant to an advertised request for bid, contract with said supplier on similar terms for the purchase of materials, supplies or equipment. SECTION 3. Section 2.76.080 of the Bremerton Municipal Code entitled "Determining Cost of Contract" is hereby amended to read as follows: 2.76.080 DETERMINING COST OF CONTRACT. To determine the cost of a contract for the purpose of establishing the appropriate purchasing procedures under this chapter, when the contract has no definite term or unit amount such as a supply contract or blanket purchase order, the amount of each individual purchase shall determine the appropriate purchasing procedures. Contracts may not be split to avoid the bidding and authorization requirements set forth in this chapter. Bid splitting includes the inappropriate division of a purchase into separate units for purchase and/or over a period of time merely for the purpose of avoiding the required approval processes. Bid splitting does not include the purchase of goods or services by different City departments or offices for unrelated proiects or purposes. " SECTION 4. A new section, Section 2.76.160, of the Bremerton Municipal Code entitled "Policies and Procedures" relating to purchasing is hereby created to read as follows: 2.76.160 POLICIES AND PROCEDURES. The Mayor is authorized to establish and implement policies and procedures deemed appropriate for the administration of this Chapter. These policies and procedures shall be set forth in City policy No. 1-20-03. SECTION 5. Ordinances repealed. Ordinances No.'s 4492,4562,4610,4682, 4702,4737 and 4868 relating to purchasing procedures and property disposal and Ordinance No. 4475 relating to real property purchases and disposal are hereby repealed in their entirety. SECTION 6. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 7. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2006 CECIL McCONNELL, Council President 3 Procurement and Disposal 2006 Amendment Approved this day of ,2006 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2006 ,2006 ", R:\Legal\Legal\Ordinances\Finance\Purchasing 2006 Amendmentdoc 4 Procurement and Disposal 2006 Amendment CITY OF BREMERTON PROCUREMENT & DISPOSAL OF PERSONAL PROPERTY INDEX EFFECTIVE DATE: 7/19/06 APPROVED REVIEW DATE: 1-20-03 REVISED DATE: 7/19/06 Repeals & Replaces 4-1 CARY BOZEMAN, Mayor Through 4-8, inclusive REFERENCE PURPOSE " CONTRACT / PURCHASE THRESHOLDS, AUTHORITY LEVELS & APPROV ALS CONTRACT DEFINITIONS, DESCRIPTIONS & GUIDELINES RCW 39.80 BMC 2.76 To maintain an efficient and accountable purchasing process and to allow for flexible application of these guidelines in order to meet specialized needs of the City or facilitate sole source purchases. To establish thresholds and methods of disposing of personal property. Refer to attached Table 1-20-03 (A). This table breaks out the components ofBMC Chapter 2.76 into dollar thresholds, essential levels of authority and approval methods. A. Contracts for Professional Eneineerine, Survevine, Architectural, and Landscape Architectural Services Professional services rendered by any person, other than an employee of the City, contracting specifically to perform engineering, surveying, architectural or landscape architectural services as defined in RCW 18.08, 18.43 and/or 18.96. To contract for these services, the City must follow the procedures outlined in RCW 39.80. B. Contracts for Professional Services Otlter Titan Eneineerine, Survevine, Architectural and/or Landscape Architectural Services For other professional services not specifically falling under the requirements ofRCW 39.80 as specified above, the City may negotiate an acceptable contract with any individual or firm deemed most qualified by the City to provide the required services. As a guideline, the following definition should be used in determining what constitutes a "professional service:" "Work rendered by an independent contractor who has a professed knowledge of some department of learning or science used by its practical application to the affairs of others or in the practice of an art founded on it, including but not H:\My Documents\Purchasing Policy-Procedure 6-29-06.doc Page 1 of3 limited to lawyers, doctors, dentists, veterinarians, architects, engineers, landscape architects, and accountants. A profession is a vocation founded upon prolonged and specialized intellectual training which enables a particular service to be rendered. The word "professional" implies professed attainments in special knowledge as distinguished from mere skill. " C. Services Services are activities or projects requiring labor which are contracted for on a periodic and/or routine basis but do not qualify as "public works" (constmction, alteration, repair or improvement to property) or "professional services" (engineering, architectural, consulting, computer programming, etc. requiring specific formal education or technical expertise). Services include but are not limited to such things as: ", ~ ~ ~ ~ ~ ~ ~ ~ Building and grounds maintenance Janitorial services Snow and ice removal Office equipment/computer maintenance Copying services Printinglbinding services Courier services Office/clerical services The City is generally not required to competitively bid services. However, the City will normally follow the "competitive negotiation" process as outlined in BMC Section 2.76.040 to ensure that the City obtains the most qualified contractor at the best possible price. As an alternative, the City may competitively bid contracts for services or, if it is determined to be in the City's and/or public's best interest, may negotiate directly with a qualified contractor for award of a contract for services. Refer to BMC Section 2.76.040 for acceptable methods of obtaining bids commensurate to the dollar amount of the contract. Service contracts over $25,000 must be approved by the City Council. All service Contracts shall be reviewed by the City Attorney's Office and must be executed on the City's standard contract forms unless otherwise approved in advance by the City Attorney's Office. D. Purchase Contracts for Materials/EQuipment/Supplies Purchase contracts for the purchase, lease or rental of materials, equipment or supplies should follow the dollar limits and bid procedures found in BMC Section 2.76.040 in order to establish comparable and competitive bid pricing and the best price for the proposed purchase. A supply contract for unspecified unit amounts can be executed in lieu of requesting bids for each purchase or maintaining bid lists. A supply contract must have a specified term and a maximum cumulative spending limit. Capital leases are not permitted. Prior to entering into any lease obligation, contact the City's Finance Officer (ext 5296) H:\My Documents\Purchasing Policy-Procedure 6-29-06.doc Page 2 of3 ." PERSONAL PROPERTY DISPOSAL to determine if the lease is allowable. Purchase contracts for the purchase, lease or rental of materials, equipment or supplies over $25,000 must be approved by the City Council. All purchase contracts shall be reviewed by the City Attorney's Office and must be executed on the City's standard contract forms unless otherwise approved in advance by the City Attorney's Office, E. State Contracts and Contracts with other Public Entities State Contracts are contracts awarded by the State of Washington through a competitive bidding process for materials, equipment, supplies or services which are available to public agencies, such as cities, throughout the State, These contracts allow the City to contract with the supplier or contractor directly under the terms of the particular State Contract for the required materials or services without the City having to go through the competitive bidding process again. In the same fashion, the City may enter into an interlocal agreement with another public entity whereby that agency has already entered into a contract with a supplier pursuant to an advertised request for bid; and, subsequently, the City can execute a contract with the same supplier on similar terms for the purchase of materials, supplies or equipment, thus, foregoing the competitive bidding process. Contracts obtained in the manners stated above still need to follow the approval process outlined in BMC Section 2.76.100. All vendor contracts executed off a state contract shall be reviewed by the City Attorney's Office and must be executed on the City's standard contract forms unless otherwise approved in advance by the City Attorney's Office. Refer to attached Table 1-20-03 (B). This table breaks out the components ofBMC Chapter 2.76 into dollar thresholds, essential levels of authority and approval methods. H:\My Documents\Purchasing Policy-Procedure 6-29-06.doc Page 3 of3 CONTRACT/PURCHASE THRESHOLDS, AUTHORITY LEVELS AND APPROVALS for BMC 2.j.6 TABLE 1-20-03 (A) Contract or Purchase Management Authority & Criteria for Selection Approvals Filing Procedures Ordinance / RCW 1. Purchase of Directors or Designees can approve contracts up to Director Departments can retain contract documents. Services, Materials or $25,000. City Clerk filing is not required. Equipment $10,000 or Direct Negotiations. less Exempt from solicitations. No Capital Leases allowed. (Contact City's Finance BMC2.76.040(a) Officer (ext 5296) prior to entering into any lease agrmt) 2. Purchase of Director or Designees can contract up to $25,000 as Director Contracts of$10,000 or more must be in Services, Materials or follows: writing and filed with City Clerk. Equipment over A) Document Telephone or Written Comparable Bids $10,000 but not from at least three (3) sources, or; exceeding $25,000 B) Use Comparable Bid Lists that have been maintained and updated periodically, or; BMC2.76.040(b) & (d) C) Request in Writing from at least three (3) sources written comparable bids. Request must include specifications and terms of purchase, or; D) Advertise Request for Bids in newspaper of general circulation most likely to reach responsive bidders ten (10) days before entering into contract. Must include specifications and terms of purchase. Bids to be filed with City Clerk or designated office within a specified time. E) Director can Award Contract on Best Bid based upon response to solicitation, or; reject all bids, or; enter in direct negotiations with identified best bidder. No Capital Leases allowed. (Contact City's Finance Officer (ext 5296) prior to entering into any lease agrmt) 6/29/2006 Page 1 of5 Contract or Purchase Ordinance / RCW 3. Purchase of Services over $25,000 BMC2.76.040(c) &(d) BMC 2.76.100(c) 4. Purchase, Lease or Rental of Materials, Equipment or Supply Contracts over $25,000 BMC2.76.040(c) & (d) BMC 2.76.100(c) 5. Professional or Technical Services/ Consultants Contracts $10,000 or less BMC 2.76.060 BMC2.76.100(a) RCW 39.80 may apply (see No.8) 6/29/2006 Page 2 of5 CONTRACT/PURCHASE THRESHOLDS, AUTHORITY LEVELS AND APPROVALS for BMC 2.];6 TABLE 1-20-03 (A) Management Authority & Criteria for Selection Director or Designees can prepare contract over $25,000 (subject to Council approval) as follows: 1) Written Request for Bids pursuant to 2.(C) above, or; 2) Adveliise Request for Bids pursuant to 2.(D) above. Award Contract on Best Bid (subject to Council Approval) based upon response to solicitation, or; reject all bids, or; enter in direct negotiations with identified best bidder. Director or Designees can prepare contract over $25,000 (subject to Council approval) as follows: I)Written Request for Bids pursuant to 2.(C) above, or; 2)Adveliise Request for Bids pursuant to 2.(D) above. Award Contract on Best Bid (subject to Council Approval) based upon response to solicitation, or; reject all bids, or; enter in direct negotiations with identified best bidder. Directors or Designees can approve contracts up to $25,000. Direct Negotiations. Exempt from solicitations. Must be a firm recognized for experience within a specialized area of expertise. Approvals Filing Procedures City Council Schedule & prepare agenda bill for Council approval City Council Schedule & prepare agenda bill for Council approval Director Departments can retain contract documents. City Clerk filing is not required. CONTRACT/PURCHASE THRESHOLDS, AUTHORITY LEVELS AND APPROVALS for BMC 2}fJ TABLE 1-20-03 (A) Contract or Purchase Management Authority & Criteria for Selection Approvals Filing Procedures Ordinance / RCW 6. Professional or Directors or Designees can approve contracts up to Director Contracts of$10,000 or more must be in Technical Services/ $25,000. writing and filed with City Clerk. Consultants Contracts Direct Negotiations. up to $25,000 Exempt from solicitations. Must be a firm recognized for experience within a BMC 2.76.060 specialized area of expertise. BMC2.76.100(a) RCW 39.80 may apply (see No.8) 7. Professional or Direct Negotiations. City Council Schedule & prepare agenda bill for Council Teclmical Services/ Exempt from solicitations. approval Consultants Contracts Must be a firm recognized for experience within a over $25,000 specialized area of expertise. BMC 2.76.060 BMC2. 76.1 OO( c) RCW 39.80 may apply (see No.8) 6/29/2006 Page 3 of5 CONTRACTIPURCHASE THRESHOLDS, AUTHORITY LEVELS AND APPROVALS for BMC 2.')6 TABLE 1-20-03 (A) Contract or Purchase Management Authority & Criteria for Selection Approvals Filing Procedures Ordinance / RCW 8. Professional Same as 5 - 7 above except that statute requires: (1) City Council $10,000 to $25,000 file with City Clerk. Services advance publication of City requirements for services;(2) Required over Over $25,000 same as 7. above. Engineers, Surveyors, potential contractors must submit qualifications; $25,000 Architects & (3)selection by City of most qualified without Landscape Architects consideration of cost/price (4 )negotiation of contract (as defined in RCW with most qualified contractor 18.08, 1843, 18.96) BMC2.76.020(b) BMC 2.76.100 BMC 2.76.110 RCW 39.80 9. Change Orders for Mayor can approve up to 30% of original contract Mayor Filed with the City Clerk Contracts less than amount not to exceed change order limit of$30,000 $100,000 (min 0 - max $30,000) City Council for Must be within scope of the project all Change Orders BMC 2.76.110 Consistent with initial bid process, if any exceeding Executed in writing approved limits Value of all change orders must be aggregated 1 0.. Change Orders for Mayor can approve up to 20% of original contract Mayor Filed with the City Clerk Contracts from amount not to exceed change order limit of $1 00,000, $100,000 to $500,000 but with a minimum of$30,000 City Council for (min $30,000 - max $100,000) all Change Orders BMC 2.76.110 Must be within scope of the project exceeding Consistent with initial bid process, if any approved limits Executed in writing Value of all change orders must be aggregated 6/29/2006 Page 4 of5 CONTRACTIPURCHASE THRESHOLDS, AUTHORITY LEVELS AND APPROVALS for BMC 2.}6 TABLE 1-20-03 (A) Contract or Purchase Management Authority & Criteria for Selection Approvals Filing Procedures Ordinance / RCW II..Change Orders for Mayor can approve up to 10% of original contract Mayor Filed with the City Clerk Contracts greater than amount not to exceed change order limit of $200,000, $500,000 but with a minimum of$100,000 City Council for (min $100,000 - max $200,000) all Change Orders BMC 2.76.110 Must be within scope of the project exceeding Consistent with initial bid process, if any approved limits Executed in writing Value of all change orders must be aggregated 6/29/2006 Page 5 of5 PERSONAL PROPETY DISPOSAL THRESHOLDS, AUTHORITY LEVELS AND APPROVALS for BMC 2J6 TABLE 1-20-03 (B) Personal Property Management Authority & Criteria for Selection Approvals Filing Procedures Disposal Ordinance / RCW 1. Surplus Personal Directors or Designees must certify personal property for Director Departments can retain disposition Propeliy of $25,000 or disposition documents. City Clerk filing is not less Methods of disposition are: required. Public auction BMC 2.76.150 Solicitation of bids RCW's cited in BMC Negotiated sale for approximate fair market value 2.76.150(d) Transfer to government agency pursuant to BMC 2.76.150(d) 2. Surplus Personal Directors or Designees must prepare personal propeliy City Council Schedule and prepare agenda bill for Property over $25,000 disposition using one of the Methods listed above for Council approval Council action. Council may: BMC 2.76.150 Approve the disposition RCW's cited in BMC Approve the disposition with conditions 2.76.150(d) Disapprove of disposition and give Director further direction 6/5/2006 Page 1 of 1 ORDINANCE NO. 4934 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing and replacing. Chapter 2.76 of the Bremerton Municipal Code entitled "Purchasing Procedures" and Chapter 2.79 entitled "Personal Property Disposal" with a new Chapter 2.76 entitled "Procurement and Disposal Code" relating to updated procedures for the purchase of materials, supplies, equipment or services or the lease or rental of equipment and for the disposal of property. WHEREAS, the current provisions of Chapter 2.76 of the Bremerton Municipal Code relating to purchasing procedures often results in inefficient purchasing of goods and services such as delays in purchasing and the inability to take advantage of discounted products and unique purchases; and " WHEREAS, the City Council desires to update the provisions of Chapter 2.76 of the Bremerton Municipal Code by repealing said chapter in its entirety and replacing it with a new chapter providing for updated purchasing procedures for more efficient purchasing practices while at the same time providing for accountability for said purchases; and WHEREAS, the City Council also desire to update the provisions of Chapter 2.79 of the Bremerton Municipal Code relating to the disposal of property and consolidate these provisions with the updated purchasing provisions; NOW TIIEREFORE, TIIE CITY COUNCIL OF TIIE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.76 of the Bremerton Municipal Code entitled "Purchasing Procedures" is hereby repealed in its entirety. SECTION 2. Chapter 2.79 of the Bremerton Municipal Code entitled "Personal Property Disposal" is hereby repealed in its entirety. SECTION 3. There is hereby created a new Chapter 2.76 of the Bremerton Municipal Code entitled" Procurement and Disposal Code" to read as follows: CHAPTER 2.76 PROCUREMENT AND DISPOSAL CODE 2.76.010 PIJRPOSE. It is the plLrpose of this policy to provide guidelines for the purchase of goods and services by the City in order to maintain an efficient and accountable purchasing process. It is also the purpose of this policy to allow for the flexible application of 1 Procurement and Disposal Code these guidelines for more efficient and cost effective purchases where their strict application would not be in the City's best interest, such as, for example, in those instances where requests for bids or quotations would not be appropriate due to a sole source supplier or where negotiations with a particular supplier would be more appropriate due to a specialized need of the City. 2.76.020 APPLICABILITY. Any contract, written or oral, for the purchase of materials, supplies, equipment or services or the lease or rental of equipment shall be subject to the provisions of this chapter; provided that, except for the requirements set forth in Sections 2.76.100 and 2.76.110 below relating to authorization by the mayor and city council, the limitations contained in this policy do not apply to: (a) Public works or improvement contracts which shall be entered into pursuant to RCW 35.22.620 as currently enacted and as hereinafter amended. (b) Contracts for architectural and engineering services governed pursuant to Chapter 39.80 RCW as currently enacted and as hereinafter amended. ( c) Purchases of materials at auctions conducted by the United States government or any agency thereof, or by the State of Washington and any of its political subdivisions. " 2.76.030 DEFINITIONS. For the purposes of this chapter, the following defInitions will apply: (a) "Best bid" shall mean a bid that is the best value to and in the best interests of the city when considering items such as price, available discounts, the product or service purchased including any alterations or modifIcations thereto, shipping, time of delivery, warranty and other terms of purchase, and any other factors relevant to the purchase. Best bid does not necessarily mean lowest price. (b) "Bid" shall mean an offer or quotation to provide goods and/or services at a specifIed price. (c) "Contract" or "Contract for purchase" shall mean a purchase from a wholesaler, retailer or dealer, or other similar transaction for the purchase of goods and services. (d) "Director" shall mean director of the department for which the contract for purchase is made, authorized purchasing agent, or his or her designee. ( e) "Director of Financial Services" shall mean director of the Department of Financial Services, or his or her designee. (f) "Emergency" shall mean any. situation where public health, safety and welfare are endangered. (g) "Purchase of goods and services" shall mean a contract to supply materials, supplies, equipment, the lease or rental of equipment, and/or the performance of work or labor. (h) "Written bid" or "Written request for bid" shall include e-mail and facsimile transmittals. 2.76.040 REQUESTS FOR BIDS AND BID LISTS. Requests for bids required in tbis section shall be solicited for the purpose of establishing comparable and competitive bid pricing and the best price for the proposed purchase. Bids received in response to such requests for bids sh~ll be documented and subrPitted, along with any other relevant material, to the approving authority as set forth in, Section 2.76.060. Bids for purchases shall be obtained as follows: 2 Procurement and Disposal Code (a) Purchases of$10,000 orIess. Any contract, for which the estimated costto purchase goods or services, is ten thousand dollars ($10,000.00) or less shall be entered into pursuant to such terms and conditions as may be authorized by the Director. Purchases under this subsection are not required to be entered into pursuant to solicitation or requests for bids and may be entered into through direct negotiations. (b) Purchases over $10,000 but not exceeding $25,000. If it appears that the estimated cost of a contract to purchase goods or services, other than professional and consulting services, will be over ten thousand dollars ($10,000.00) but not exceeding twenty-five thousand dollars ($25,000.00), the Director may contract as follows: (1) Telephone and/or written bids. Solicit, obtain and document telephone and/or written comparable bids for each purchase from at least three (3) sources. If less than three (3) vendors are available for bids after reasonable attempts, then such shall be documented and bids may be obtained from the available sources, (2) Bid lists. For regularly-made purchases, a list of comparable bids may be maintained and updated periodically and purchases made from that list without soliciting bids for each such purchase, (3) Written request for bids. Request in writing and obtain from at least three ", (3) sources, written comparable bids for each purchase. Requests for bid should be in writing and contain appropriate specifications and terms of purchase as may be applicable. If less than three (3) vendors are available for bid after reasonable attempts, then such shall be documented and bids may be obtained from the available sources, (or) (4) Advertised request for bids. Publish notice calling for bids in a newspaper of general circulation most likely to bring responsive bids at least ten (10) days before entering into that contract. The notice shall generally state the nature of the contemplated purchase and the description or specifications thereof, and it shall require that the bids be filed with the city clerk or other designated office of the city within the time specified therein. (c) Purchases over $25.000. If it appears that the estimated cost ofa contract to purchase goods or services, other than professional and consulting services, will be over twenty- five thousand dollars ($25,000.00), the Director may contract for purchase as follows: (1) Written request for bids pursuant to subsection (b )(3) above, ( or) (2) Advertised request for bids pursuant to subsection (b)( 4) above. ( d) Award of contract on best bid. Subject to the authorization requirements set forth in Section 2.76.100, the Director may: (1 ) Award a contract for purchase to the best bid as defined in Section 2.76.030(a) in response to a solicitation or request for bid pursuant to this section, (2) Reject any and all bids, and/or (3) Enter into direct negotiations with a bidder to modify the product or service to be purchased or to obtain a more favorable price or terms for the City. If an award of a contract for goods and services is made to a supplier who is not the lowest bidder, then the reason for awarding the contract to another supplier shall be documented (delivery time, warranty, the bid did not meet the product or service requirements of the City, or specific product line preferred for uniform equipment fleet etc.). ( e) Local preference purchase for goods. When reviewing bids for purchase, all tl>;ngs being eqn~l when consideri..ng factors suc.h as product qua11ty, delivery, wa.rranty or service provided, there is a preference to purchase from a local supplier. A local supplier is a 3 Procurement and Disposal Code supplier having an office or facility located in Kitsap County and be licensed to and doing business in the county. (f) Contracts with other public entities. In lieu of the requirements for requests for bids pursuant to this section, the City may, pursuant to an interlocal agreement with another public entity which has entered into a contract with a supplier pursuant to an advertised request for bid, contract with said supplier on similar terms for the purchase of materials, supplies or equipment. 2.76.050 REQUESTS FOR PROPOSALS. In lieu of the requirements for requests for bids pursuant to Section 2.76.040, requests for proposals may be utilized when deemed appropriate under such terms and conditions deternlined suitable to meet the needs and requirements of the particular purchase. 2.76.060 PROFESSIONAL AND CONSULTANT CONTRACTS. This section shall apply to professional and/or technical service consultant contracts in which the city enters into an agreement to purchase consultant services for city government from a corporation, firm, agency, individual, or group of individuals based on their recognized experience and knowledge "', within a specialized area of expertise. Contracts for professional and consultant services are not required to follow the purchasing requirements set forth in Section 2.76.040, but may be entered into through direct negotiations. 2.76.070 SUPPLY CONTRACTS AND BLANKET PURCHASE ORDERS. In lieu of requesting bids for each purchase or maintaining bid lists, the city may solicit bids or proposals for a supply contract for a specific term or issue a blanket purchase order for the supply of goods, materials, supplies, equipment or services on an as needed basis in those instances where the specific service or product in a product line or volume of units is undetermined such as the city's needs and use of office supplies. 2.76.080 DETERMINING COST OF CONTRACT. To determine the cost ofa contract for the purpose of establishing the appropriate purchasing procedures under this chapter, when the contract has no definite term or unit amount such as a supply contract or blanket purchase order, the amount of each individual purchase shall determine the appropriate purchasing procedures. Contracts may not be split to avoid the bidding and authorization requirements set forth in this chapter. 2.76.090 SOLE SOURCE PURCHASES. The requirements set forth in Section 2.76.040 for requests for bids may be waived by a written deternlination by the Director that either the materials, supplies, equipment or services are clearly and legitimately limited to a single source of supply, or that the materials, supplies, equipment or services are subject tosspecial market conditions, involve special facilities or services, or that a bid would otherwise not be practicable or in the city's best interests under the circumstances, in which instances the purchase price may be best established by direct negotiation. The written determination shall also recite why this situation exists. 4 Procurement and Disposal Code 2.76.100 CONTRACT APPROVAL REQUIRED. (a) MayorlDirector approval. Any contract which is twenty-five thousand dollars ($25,000.00) or less intended for the purchase, lease or rental of supplies, material, equipment or services must be approved by the mayor or director or his or her designee to become effective and binding upon the city. (b) Council approval. Any contract which is over twenty-five thousand dollars ($25,000.00) intended for the purchase, lease or rental of supplies, material equipment or services must be approved by the City Council to become effective and binding upon the city. ( c) Prior Council Consideration. When the council has specifically considered and approved by formal action a particular program or matter in which the amount of the contract and the contracting parties have been identified, such as awards of bids, funding of certain programs, authorization to purchase or to negotiate for the purpose of a particular item or service, or other similar program or matter, such consideration and approval shall constitute council authorization for the purpose of this section. 2.76.110 AMENDMENTS AND CHANGE ORDERS - APPROVAL. (a) Amendments or change orders to contracts requiring City Council approval under "', this chapter may be administratively approved by the Mayor if the changes are: (1) Within the scope of the project; (2) Consistent with an initial bid process, if any; (3) Executed in writing; and (4) An increase of the contract award amount (CAA) as follows: Contract Award Amount Percentage Increase in Limits CAA (the greater of) Greater than $500,000 10% or minimum Min $0 Max $30,000 Min $30,000 Max $100,000 Min $100,000 Max $200,000 Less than $100,000 30% or minimum $100,000 to $500,000 20% or minimum (b) The value of all change orders will be aggregated. When any single change order, or combined change orders on the same project or single purchase exceeds the value limit, the change must be approved by City Council, except in the following instances: (1) On service contracts used to accomplish an ongoing City program as opposed to completing a short term project or purchase, change order rules, including the aggregate rule, shall be applied on an annual basis. (2) Where the size of the contract and the exhausting of change order authority make further change order authorization impractical, the City Council may, upon recommendation of the Mayor, extend the aggregate limits of subsection (a) ( 4) for specific contracts. (c) A work change directive may be used to: 5 Procurement and Disposal Code (1) Authorize and direct work that will result in an increase in contract price within the administrative authority of the Mayor as provided in subsection (a) for specific contracts. Work change directives that affect the contract price shall be incorporated into a change order. (2) Authorize and direct work that will result in an increase in contract price in excess ofthe administrative authority of the Mayor as provided in subsection (a); i) where unforeseen conditions necessitate an immediate change to avoid a contractor's claim against the City for delays, or ii) due to an emergency as defined in 2.76.030(t) above. In such circumstances, the work change directive shall be incorporated into a change order and presented to the City Council at its next regularly scheduled public meeting, subject to scheduling. 2.76.120 EXCEPTION FOR RECYCLED PRODUCTS. Nothing in the chapter shall prohibit the city from preferentially purchasing products made from recycled materials or products that may be recycled or reused. ., 2.76.130 EMERGENCIES. When any emergency requires the immediate execution of any contract to purchase, lease or rent as described in this chapter, upon the fmding of the existence of such an emergency, the mayor shall have the power to make and enter into such contract without strict compliance with the purchasing requirements set forth in this chapter. The designated department director shall issue a written basis for the emergency determination accompanied by a description and/or specification and cost estimate of the contract at the time of or as soon as practicable after the commencement of the purchase. 2.76.140 CREDITIPURCHASE CARD USE. (a) The Director of Financial Services shall implement and maintain the following system for the distribution, authorization and control of credit/purchase cards issued to or for the benefit of the City and used by City officials and employees. (1) Distribution. Credit cards may be distributed to those City officials and employees who, in the opinion of the Director of Financial Services, have job responsibilities that would benefit or otherwise be facilitated by use of credit/purchase cards. (2) Authorization and Control. The Director of Financial Services shall develop specific administrative guidelines and accounting controls to ensure the proper usage of credit/purchase cards and related funds. Credit/purchase cards are to be used when it is in the best interest of City administrative affairs. (3) Application. The individual holder, upon prior approval of the Director of Financial Services, shall use each credit/purchase card in a responsible manner. (4) Credit Limits. The Director of Financial Services shall set credit/purchase limits on each card issued subject to final approval by the Mayor. Individual purchases shall not exceed five thousand dollars ($5,000.00) and in no event shall the credit/purchase card limit exceed ten thousand dollars ($10,000.00) for any individual credit/purchase card account without pre-approval of the Director of Financial Services. (5) Credit Card Restriction. The follov{jng will be considered an unauthori..zed transaction, purchase or use of any City credit/purchase card: (i) Cash advances; 6 Procurement and Disposal Code (ii) Payment of invoices or statements; (iii) Purchases where an open charge account would be utilized; (iv) Personal purchases of any kind; and/or (v) Obtaining cash refunds for goods purchased with a City credit/purchase card. (6) Disallowed Charges. Disallowed charges or charges not properly identified will be paid by the employee before the charge card/purchase billing is due. Failure to do so will render the employee personally liable where the City shall have a prior lien against and a right to withhold any and all funds payable or to become payable to the employee up to the unpaid amount, plus interest and/or fees at the rate charged by the bank that issued the card. Employee shall not use the credit/purchase card if any disallowed charges are outstanding. The act of obtaining a City credit/purchase card does not indicate pre-approval of expenditures. (7) Return of CreditlPurchase Card. The employee shall return all City credit/purchase cards at the request of the Director of Financial Services, or upon separation of employment. Final paycheck will be held until all outstanding City property has been returned. (b) The Mayor and/or Director of Financial Services are authorized to implement any additional policies or administrative procedures necessary to implement the provisions of this ", section. 2.76.150 PERSONAL PROPERTY DISPOSAL. (a) Surplus personal property of twenty-five thousand dollars ($25.000.00) or less in value. Approval of the City Council is not required for the sale or disposition of any City-owned surplus personal property with an estimated value of twenty-five thousand dollars ($25,000.00) or less. When such personal property has been certified for disposition by a Director, sale or disposition shall be made by the Director in accordance with methods described in subsection (c) below. Items having a nominal value may be disposed of in any reasonable and prudent manner or the Mayor may donate the item to a specific bona fide charitable organization which is tax exempt pursuant to Internal Revenue Code Sec. 501 (c )(3). (b) Surplus personal property over twenty-five thousand dollars ($25,000.00) in value. Disposition of surplus personal property with an estimated value over twenty-five thousand dollars ($25,000.00) must be approved by the City Council. The City Council may: (1) Approve the disposition; (2) Approve the disposition with conditions; or (3) Disapprove the proposed disposition, whereupon it shall give the Director directions for further action. (c) Methods of disposition. Permissible methods of disposition of surplus personal property include, but are not limited to: (1) Public auction; (2) Solicitation of bids; (3) Negotiated sale for approximate fair market value; or (4) Transfer to another agency of government pursuant to subsection (d) ( 4) below. (d) StatutOry conditions/exceptions. Certain provisions of the Revised Code of Washington impose special conditions or procedures for the disposition of municipal personal property. When required, the Director shall comply with those laws, and when authorized the Director may utilize said laws treating them as limited exceptions to the extent inconsistent with 7 Procurement and Disposal Code .lj the requirements of this chapter. These laws include, but are not limited to, the following as currently enacted and hereinafter amended: (1) RCW 35.94 - Sale or Lease of Municipal Utilities; (2) RCW 63.32 - Unclaimed Property in Hands of City Police; (3) RCW 35.21.088 - Equipment rental fund; (4) RCW 39.33 - Intergovernmental Disposition of Property; (5) RCW 39.34 - Interlocal CooperationAct; (6) RCW 63.21 - Lost and Found Property; and (7) RCW 35.21.730 through 755 - Transfers to public corporations; and (8) RCW 46.55230 and 240 - Disposition of junk vehicles. SECTION 4. Severability. If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity ofthe remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten -', (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the 16th day of March, 2005 Approved this -=* 'J Ad day of ~ ~ / , 2005 ~ZEMAN' Mayor ~ AP AS TO FORM: P TON, ity Clerk PUBLISHEDtheot~ dayof~ EFFECTIVE the diM, day of'!ttf,lA_P.L.J ORDINANCE NO. .ijtfdLJ R:\LEGAL\Ordinances\Finance\Procurement and Disposal Code.doc , 2005 , 2005 8 Procurement and Disposal Code AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL#~N1 DATE SUBMITTED: June 21,2006 ,,~ ,.................................B......m.......................................aa..... SUBJECT: Appointment of Development Manager at a step higher than Rate 1 in Pay Band 15 and adjustment of the Planning Manager within Pay Band 15. Committee Meeting Date: June 28, 2006 COUNCIL MEETING Date: July 5, 2006 Department: DCD Presenter: Chris Hugo Phone: 473-5243 SUMMARY: The Director ofDCD proposes to offer the vacant Development Manager position to Steve Wilcox, currently a Community Development Director, who has four years experience as a Development Services Manager and numerous years experience as a Building Official and Plans Examiner. The Director has negotiated salary compensation and proposes making this appointment at Rate 4 in Pay Band 15. By BMC 2.50.032(a), the Council must approve any starting salary above Rate 1. In conjunction with this action the Director ofDCD also proposes to adjust the salary of the Planning Manager from Rate 1 to Rate 4 of Pay Band 15. This in-range rate adjustment is to provide for internal equity corrections. By BMC 2.50.032(b) the Council must also approve of this action. A TT ACHMENTS: Extract from current Managerial Salary Plan FISCAL IMP ACTS (Include Budgeted Amount): None. The salaries are within the 2006 budget for these positions. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: /~~K' LCONSENT AGENDA 0 I i?;~ ~c~:::::t;/ RECOMMENDED MOTION: 1). Approve the hire of the Development Manager at Pay Band 15, Rate 4, of the City of Bremerton Management Salary Plan 2006. 2). Adjust the Planning Manager within Pay Band 15 to Rate 4 of the City of Bremerton Management Salary Plan 2006 COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action Steven R. Wilcox ~':>'>:~i}i'c~:",~Y.;~;f;;...;:...-"~;C.;.t;""'dg:.'/~~:"r.:;,,,,..~..-.;..-:::~~;-;.,-*,~~;i.;\~~r:~"'...-;,;~~~,,;'~,;~;~~,-,'-...u!;,\1-.:\~J-:J:j~,.,.:.:t:--.tS.,'-:rU,;-l:-:#t:?:n"":;€'>'R.<,;~5.~q,\";-;;'-~"-"-1U:~-::F11'~~""'.~.r-:-:.;'='.;,:{~~>>1::;;:~~i:iiW:&:Mt':' May 17,2006 City of Bremerton Human Resources 345 Sixth Street Suite 600 Bremerton, WA 98337 Human Resources: "Please accept my application for the Development Manaaer position. I am very interested in this position and feel that I would be a good fit for the City of, Bremerton. You will find that I have a passion for excellence and the well rounded background necessary for success in this position. Examples of my experience and qualifications for this position include: It Development Services Manager · Community Development Director · Building Official · Fire Official, and Fire Prevention Bureau Manager · Budgeting; Including Revenue Forecasting and Expenditures 8 Emergency Management Operations e Municipal Code Development and Updating, Policy and Process Development " State Building Code Council Energy Code Technical Advisory Group Representative o Successful Small Business Operator I believe in creating a culture in the workplace that fosters teambuilding, cooperation and communication in the pursuit of excellence. Positive working partnerships among staff, departments and agencies is my focus. My work in private industry has given me a balanced and unique perspective on my work in government that has proven beneficial. I look forward to discussing the Development Manager position and my qualifications with you. Sincerely, /~ ! "~')-f L1:..0./"" /' / /. , , .' / '~'- i ,J.! l'\/. Steven'R Wilcox . . . . . - . ~J;i::~;i.!?~~:~:'C-3;i1l'.;I"&~,';<'~Cj...;;:;g-~~:~":".::-f1.l:'.;t::-1':.'~1':~~l"-~~J::.,,-,""::~;-f::'~._;..~;.,;t.;Q-~..:.~l;;,~..i.r;....~":_'~o;s::~:.;...:.c-:;'ir.:-~""5(';;':-";,:k;w1O,j~.M~!,~~~;~':;:.:R[~r,; Steven R. Wilcox EXPERIENCE Acting Community Development Director City of Covington, Washington April 2006 - Present Responsible for establishing a new department in a rapidly developing city at the GMA Urban Boundary. Manager of Planning and Building Divisions. Staff liaison to Planning Commission. City Building Official Development Services Manager City of Covington, Washington November 2002 - April 2006 .i Manager of Development Services Division and Building Official. Manage current planning, development engineering, Permit $ervices, construction inspection, fire prevention and building division Building Official and Fire Official City of Sammamish, Washington February 2000 - December 2001 New city. Responsible for initiating and administering all functions of a new building, fire prevention and one-stop permitting division .' Construction Defect Investigation and Project Management June 1998 - Present (sole proprietor-part time and full time) . Construction investigation and technical services specializing in: owner's construction period representative, fact finding, expert testimony, building and construction defect methods and materials analysis, land us~. analysis, .iflsurance investigations. Established City of Lake Forest Park, W A. Building Division Building Official City of Mercer Island, Washington November 1994 - January 1999 (full time and consulting contract) Building Division and Permit Center Manager Plans Examiner King County Department of Development and Environmental Services. January 1986 - November 1994. Residential and Commercial building plan review. Interim Section Manager EDUCATION and CERTIfICATIONS Bachelor of Science in Building Construction Management University of Washington, Seattle 1984 Certificate of Proficiency in General Studies Shoreline Community College, Seattle 1981 Certificate of Proficiency in Drafting Shoreline Community College, Seattle 1981 Minor study in Architecture University of Washington, Seattle 1984 Certified Building Official International Code Council (ICC/CABO No. 2564) Certified Building Inspector '" International Code Council (ICC No. 0844530-10) Certified in Construction Site Erosion Control and Sedimentation; Road Pavement Evaluation Program, Traffic Flagger Certification Washington State Department of Transportation Certified National Incident Management System IS-00700; Federal Disaster Workers 1-100; Certified ATC-20 Trainer; Certified ATC-21 Pre-Earthquake Inspector, Certified ATC-20 Post Earthquake Inspector' . Federal Emergency Management Agency (FEMA) Communications and Collaborative Problem Solving Glazer and Associates " MEMBERSHIPS, AFfILIATIONS and VOLUNTEER Washington Association of Building Officials International Code Council American Planning Association International Association of Plumbing and Mechanical Officials University of Washington Alumni Association State Building Code Council Energy Code Technical Advisory Group. Washington Association of Building Official's Representative (volunteer) Court Appointed Special Advocate (CASA) Children's Advocate in King County (volunteer) DATE SUBMITTED: AprilS, 2006 BILL # O/D-083 AGENDA BILL - CITY OF BREMERTON CITY COUNCIL 7A · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · .. C; li- 9 jiO r;, SUBJECT: Exemption of ad valorem Committee Meeting Date: April 12, 20Q6..5~(} ~ property tax for new multi-family housing ill COUNCIL MEETING Date: April 19, 2006 S- /7 ,16;, (p 7~~ centers (public hearing) Department: Comm. Development 7-5-~ Presenter: Chris Hugo ()rd.'"rU1a, No. 'f&jfOB Phone: 473-5243 SUMMARY: In 1995, the State Legislature passed 84.14 RCW that allows cities of certain size to create a tax incentive program to induce development of new, multi-family housing within designated urban centers. The incentive is a 10-year waiver of all new property tax on new or rehabilitated buildings that create four or more housing units. Bremerton has been eligible to enact this program for many years. With the adoption of the 2004 Comprehensive Plan, incorporating a new growth strategy based on centers, the City is well staged to utilize this incentive. The proposed ordinance enables the waiver, establishes administrative procedures, and defines eligible districts. 'A'TTACHMENTS: Ordinance No. lI1ft,fj Background infoffilation from Tacoma, W A, program Staff report FISCAL IMPACTS (Include Budgeted Amount): Property tax revenue from new M/F housing projects will be lost for 10 years, but this can largely be off-set by added sales tax revenue generated by new residents. Without the incentive, new development may not materialize as plamled. APPRO V ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA 0 I RECOMMENDED MOTION: Move to pass Ordinance No.4qf9'~ to provide exemptions from ad valorem property taxation for new multi-family housing in designated urban centers of the City. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ORDINANCE NO. 4 q (p f3 AN ORDINANCE of the City Council of the City of Bremerton, Washington, Creating BMC 3.78 relating to exemptions from ad valorem property taxation for new multi- family housing in designated urban centers of the City. WHEREAS, the current provisions of the Bremerton Municipal Code do not provide ad valorem property tax exemptions for multi-family housing in urban center; and WHEREAS, exemptions from ad valorem property taxes for multi-family housing encourage increased residential opportunities within urban centers, stimulate new construction and rehabilitation of existing buildings, assist in directing future population growth and helps to achieve development densities which are more conducive to transit use in designated urban centers; and ........ WHEREAS, the City Council desires to provide limited ten year exemptions from ad valorem property taxation for multi-family housing in designated urban centers;; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 3.78 of the Bremerton Municipal Code entitled "Multi- Family Property Tax Exemptions" is hereby created to read as follows: Chapter 3.78 MULTI-FAMILY PROPERTY T AX EXEMPTION 3.78.010 PURPOSE. As provided for in Chapter 84.14 RCW, the purpose of this chapter is to provide limited ten (10) year exemptions from ad valorem property taxation for multi-family housing in designated urban centers to: (a) Encourage increased residential opportunities within urban centers designated by the City Council as residential targeted areas; and/or (b) Stimulate new construction or rehabilitation of existing vacant and underutilized buildings for multi-family housing in residential targeted areas to increase and improve housing opportunities; and (c) Assist in directing future population growth to designated urban centers, thereby reducing development pressure on single-family residential neighborhoods; and (d) Achieve development densities which are more conducive to transit use in designated urban centers. 1 Multi-family Property Tax Exemption 3.78.020 DEFINITIONS. When used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise: (a) Department means the City Department of Community Development. (b) Multi-family housing means building(s) having ten (10) or more dwelling units designed for permanent residential occupancy resulting from new construction or rehabilitation or conversion of vacant, underutilized, or substandard buildings. ( c) Multi-family property tax exemption means an exemption from ad valorem property taxation for multi-family housing. (d) Owner means the property owner of record. (e) Planning Manager means the Planning Manager of the Department, or designee. (f) Permanent residential occupancy means multi-unit housing that provides owner occupancy on a non-transient basis. This excludes apartments, hotels and motels that predominately offer rental accommodation. (g) Rehabilitation improvements means modifications to existing structures that are vacant for twelve (12) months or longer that are made to achieve a condition of substantial ", compliance with existing building, fire, and zoning codes, or modification to existing occupied structures which increase the number of multi-family housing units. (h) Residential targeted area means those urban centers designated residential targeted areas pursuant to the hearing process set forth in RCW 84.14.040 within the following geographic areas of Bremerton: (1) Those parts of the Downtown Regional Center on the Land Use Plan Map that are zoned "DC - Downtown Core," "BC - Business Core," "LC" - Limited Commercial" and "MR - Multiple Residential" and (2) Any designated Neighborhood Center, District Center, or Employment Center for which the City Council has adopted a sub-area plan. (i) Substantial compliance means compliance with all local building, fire and zoning code requirements, which are typically required for rehabilitation as opposed to new construction. 3.78.030 TERMS OF THE TAX EXEMPTIONS FOR MULTI-FAMILY HOUSING IN RESIDENTIAL TARGETED AREAS. (a) Duration of exemption. The value of improvements qualifying under this chapter is exempt from ad valorem property taxation for ten (10) successive years beginning January 1st ofthe year immediately following the calendar year after issuance of the final certificate of tax exemption. (b) Limits on exemption. The exemption does not apply to the value of land or to the value of improvements not qualifying under this chapter, nor does the exemption apply to increases in assessed valuation ofland and non-qualifying improvements. In the case of rehabilitation of existing buildings, the exemption does not include the value of improvements constructed prior to submission ofthe completed application required under this chapter. This chapter does not apply to increases in assessed valuation made by the assessor on non-qualifying portions of building and value of land nor to increases made by lawful order of a county board of equalization, the Department of Revenue, or a county, to a class of property throughout the 2 Multi-family Property Tax Exemption county or specific area of the county to achieve the uniformity of assessment or appraisal required by law. 3.78.040 PROJECT ELIGIBILITY. A proposed multi-family housing project must meet the following requirements for consideration for a property tax exemption: (a) Location. The project must be located within the residential targeted area as defined in BMC 3.78.020, Definitions, Residential targeted area. (b) Tenant displacement prohibited. The project must not displace existing residential tenants of structures that are proposed for redevelopment. Existing dwelling units proposed for rehabilitation must be vacant for a minimum of twelve (12) consecutive months prior to submission of an application and must fail to comply with one or more standards of the UBC or UFC on or after July 23, 1995. Applications for new construction cannot be submitted for vacant property upon which an occupied residential rental structure previously stood, unless a minimum of twelve (12) months has elapsed from the time of most recent occupancy. (c) Size. The project must include at least ten (10) units of multi-family housing within a residential structure or as part of an urban development. A minimum of four new units .., must be constructed or at least four (4) additional multi-family units must be added to existing occupied multi-family housing. Existing multi-family housing that has been vacant for twelve (12) months or more does not have to provide additional units. (d) Proposed completion date. New construction of multi-family housing and rehabilitation improvements must be completed within three (3) years from the date of approval of the application. (e) Compliance with guidelines and standards. The project must be designed to comply with the City's Comprehensive Plan, building, housing, and zoning codes, and any other applicable regulations. The project must also comply with any other standards and guidelines adopted by the City Council for the residential targeted area. 3.78.050 APPLICATION PROCEDURE. A property owner who wishes to propose a project for a tax exemption shall complete the following procedures: (a) The application provided by the City shall be filed with the Department along with the required fees. (b) A complete application shall include: (1) A completed City of Bremerton application form setting forth the grounds for the exemption. (2) Preliminary floor and site plans ofthe proposed project. (3) A statement acknowledging the potential tax liability when the project ceases to be eligible under this chapter. (4) An affidavit stating the occupancy record of the property for a period of twelve (12) months prior to filing the application. (5) Verification by oath or affinnation of the information submitted. (6) For rehabilitation projects, if the applicant proposes replacing the existing units and if the units were occupied within twelve (12) months of application the applicant shall provide a report prepared by a registered architect identifying property noncompliance with the UBC or UFC. This report shall identify specific code violations and must include supporting data 3 Multi-family Property Tax Exemption that satisfactorily explains and proves the presence of a violation. Supporting data must include a narrative and such graphic materials as needed to support this application. Graphic materials may include, but are not limited to, building plans, building details, and photographs. 3.78.060 APPLICATION REVIEW AND ISSUANCE OF CONDITIONAL CERTIFICATE. The Planning Manager may certify as eligible an application which is detennined to comply with the requirements ofthis chapter. A decision to approve or deny an application shall be made within ninety (90) calendar days of receipt of a complete application. (a) Approval. The Planning Manager may approve the application if he/she finds that: (1) A minimum of four (4) new units are being constructed or in the case of occupied rehabilitation or conversion within twelve (12) months of occupancy, a minimum of four (4) additional multi-family units are being developed. (2) The proposed project is or will be, at the time of completion, in conformance with all applicable local plans and regulations. (3) The owner has complied with all standards and guidelines adopted by the City under this chapter. " (4) The site is located in the residential targeted area. (b) If an application is approved, the applicant shall enter into a contract with the City, regarding the terms and conditions of the project, and the Planning Manager shall issue a conditional certificate of acceptance of tax exemption. The conditional certificate shall expire three (3) years from the date of approval unless an extension is granted as provided in this chapter. ( c) If an application is denied, the Planning Manager shall state in writing the reasons for denial and shall send notice to the applicant at the applicant's last known address within ten (10) calendar days of the denial. Per RCW 84.14.070, an applicant may appeal a denial to the City Council within thirty (30) calendar days of receipt of the denial by filing a complete appeal application and fee with the Planning Manager. The appeal before the City Council will be based on the record made before the Planning Manager. The Planning Manager's decision will be upheld unless the applicant can show that there is no substantial evidence on the record to support the Planning Manager's decision. The City Council's decision on appeal will be final. 3.78.070 EXTENSION OF CONDITIONAL CERTIFICATE. (a) The conditional certificate and time for completion of the project may be extended by the Planning Manager for a period not to exceed a total of twenty- four (24) consecutive months. To obtain an extension, the applicant must submit a written request with a fee stating the grounds for the extension. An extension may be granted if the Planning Manager determines that: (1) The anticipated failure to complete construction or rehabilitation within the required time period is due to circumstances beyond the control of the owner; (2) The owner has been acting and could reasonably be expected to continue to act in good faith and with due diligence; and (3) All the conditions of the original contract between the applicant and the City will be satisfied upon completion of the project. (b) Denial and appeal. If an extension is denied, the Planning Manager shall state in writing the reason for denial and shall send notice to the applicant's last known address within 4 Multi-family Property Tax Exemption ten (10) calendar days of the denial. Pursuant to RCW 84.14.090(6), an applicant may appeal the denial of an extension to the hearing examiner within fourteen (14) calendar days of receipt of the denial by filing a complete appeal application and fee with the Planning Manager. The appeal before the hearing examiner shall be processed as a Type I Director Decision pursuant to Chapter 20.02 BMC. No appeal to the City Council is provided from the hearing examiner's decision. The applicant may appeal the hearing examiner's decision to the Kitsap County superior court, under RCW 34.05.510 through 34.05.598, if the appeal is filed within thirty (30) calendar days of receiving notice of that decision. 3.78.080 APPLICATION FOR FINAL CERTIFICATE. Upon completion of the improvements agreed upon in the contract between the applicant and the City and upon issuance of a certificate of occupancy, the applicant may request a final certificate of tax exemption by filing with the Planning Manager the following: (a) A statement of expenditures made with respect to each multi-family housing unit and the total expenditures made with respect to the entire property; (b) A description of the completed work and a statement of qualification for the exemption; and ,., (c) A statement that the work was completed within the required three (3) year period or any authorized extension. 3.78.090 ISSUANCE OF FINAL CERTIFICATE. Within thirty (30) calendar days of receipt of all materials required for a final certificate, the Planning Manager shall determine whether the specific improvements satisfy the requirements of the contract, application, and this chapter. (a) Granting offinal certificate. If the Planning Manager determines that the project has been completed in accordance with this chapter and the contract between the applicant and the City, and has been completed within the authorized time period, the City shall, within ten (10) calendar days of the expiration of the thirty (30) day review period above, file a final certificate of tax exemption with the Kitsap County assessor. (b) Denial and appeal. The Planning Manager shall notify the applicant in writing that a final certificate will not be filed if the Planning Manager determines that: (1) The improvements were not completed within the authorized time period; (2) The improvements were not completed in accordance with the contract between the applicant and the City; or (3) The owner's property is otherwise not qualified under this chapter. Pursuant to RCW 84.14.090(6), an applicant may appeal a denial to the hearing examiner within fourteen (14) calendar days of issuance of the denial of a final certificate by filing a complete appeal application and fee with the Planning Manager. The appeal before the hearing examiner shall be processed as a Type I Director Decision pursuant to Chapter 20.02 BMC. No appeal to the City Council is provided from the hearing examiner's decision. The applicant may appeal the hearing examiner's decision to the Kitsap County superior court, under RCW 34.05.510 through 34.05.598, if the appeal is filed within thirty (30) calendar days of receiving notice of that decision. 5 Multi-family Property Tax Exemption 3.78.100 ANNUAL COMPLIANCE REVIEW. (a) Within thirty (30) calendar days after the first anniversary ofthe date of filing the final certificate oftax exemption and each year thereafter for a period of ten (10) years, the property owner shall file a notarized declaration with the Planning Manager indicating the following: (1) A statement of occupancy and vacancy of the multi-family units during the previous twelve (12) months; (2) A certification that the property continues to be in compliance with the contract with the City and this chapter; and (3) A description of any subsequent improvements or changes to the property. (b) City staff may also conduct on-site verification of the declaration. Failure to submit the annual declaration shall result in a review of the exemption per RCW 84.14.110. 3.78.110 CANCELLATION OF TAX EXEMPTION. If the Planning Manager determines the owner is not complying with the terms of the contract or this chapter, the tax exemption shall be canceled. This cancellation may occur in conjunction with the annual review or at any other time when noncompliance has been -'"' determined. If the owner intends to convert the multi-family housing to another use, the owner shall notify the Planning Manager and the Kitsap County assessor in writing within sixty (60) calendar days of the change in use. (a) Effect of cancellation. If a tax exemption is canceled due to a change in use or other noncompliance, the following taxes and penalties will apply: (1) Additional real property tax, plus interest, shall be imposed based upon the value of the non-qualifying improvements. This additional tax is calculated based upon the difference between the property tax paid and the property tax that would have been paid if it had included the value of the non-qualifying improvements dated back to the date that the improvements were converted to a non-qualifying use. (2) A penalty shall be imposed amounting to twenty (20) percent of the value of the additional property tax plus interest. (3) The interest is calculated at the same statutory rate charged on delinquent property taxes from the dates on which the additional property tax could have been paid without penalty ifthe improvements had been assessed at full value without regard to this tax exemption program. (4) The additional taxes, interest and penalties will become a lien on the land and attach at the time the property or portion of the property is removed from multi-family use or the amenities no longer meet applicable requirements. The lien has priority over and must be fully paid and satisfied before a recognizance, mortgage, judgment, debt, obligation, or responsibility to or with which the land may become charged or liable. The lien may be foreclosed upon expiration of the same period after delinquency and in the same manner provided by law for foreclosure of liens for delinquent real property taxes. An additional tax unpaid on its due date is delinquent. From the date of delinquency until paid, interest must be charged at the same rate applied by law to delinquent ad valorem property taxes. (b) Notice and appeal. Pursuant to RCW 84.14.110(2), upon detennining that a tax exemption is to be canceled, the Planning Manager shall notify the owner by mail, return receipt requested. The property owner may appeal the determination by filing a notice of appeal with the City Clerk within thirty (30) calendar days, specifying the factual and legal basis for the appeal. 6 Multi-family Property Tax Exemption The hearing examiner will conduct a hearing under Chapter 21.02 BMC for a Process I action. An aggrieved party may appeal the hearing examiner's decision to the Kitsap County superior court under RCW 34.05.510 through 34.05.598. 3.78.120 EXPIRATION OF APPLICATION PERIOD. The application period to apply for the tax exemption provided for in this chapter expires December 31,2011, however, all rights, privileges, duties and responsibilities provided for in this chapter shall remain in effect after this date for complete and qualifying applications received by the City on or before December 31, 2011. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. ", PASSED by the City Council the day of ,2006 CECIL McCONNELL, Council President Approved this day of ,2006 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2006 ,2006 R:\LEGAL\Ordinances\Community Development\Multi-Family Property Tax Exemption.doc 7 Multi-family Property Tax Exemption . . . MULTI-FAMILY TAX INCENTIVE Tacoma, Washington " Program Extracts · Benefits to Program Participants · Frequently Asked Questions on Program · Frequently Asked Questions on State Legislation III. BENEFITS TO PROGRAM PARTICIPANTS The ten year property tax savings are shared by both developers and consumers of the affected housing. The impact of these benefits is considered in this section in both qualitative and quantitative terms for rental and for-sale housing. DISCUSSION OF PROGRAM BENEFITS ", The reduced property taxes resulting from the exempt value of improvements can be shared among consumers in the form of lower rents/prices, or developers in the form of increased project income. The purpose of the program is to stimulate new multifamily development in specific targeted areas. Development can be stimulated both by reducing prices, thereby increasing the demand for housing; and by reducing the cost of development, thereby providing financial incentive for developers. We solicited comments on the program from developers, lenders, and appraisers through direct interviews and review of comments provided to City staff. Based on those comments, we identified a series of benefits experienced by program participants. Developer Income and Return. Development projects are not initiated unless the expected rate of return meet the returns for comparable risk investments. In many markets, returns are not sufficient to generate the necessary level of investment, and development does not occur. By reducing the cost of development and ongoing operations, a program like the tax exemption program can enhance the feasibility of development, thereby stimulating development. Rent Savings. In a competitive market, rents are set at levels necessary to provide an adequate return to the developer and the lender. Development cost savings beyond the amount necessary to provide that return will be passed on to renters in such a market. Greater Housing Choice. Even if all the savings are necessary to meet feasibility thresholds, new housing development provides consumer benefits through increasing the number of choices in size, location, type, availability and quality of housing. Lender Requirements. Development projects are usually financed with debt, and a project won't receive a loan if it doesn't pass underwriting standards for loan to value ratio or debt service coverage. By reducing the cost of operations or development, a program like the tax exemption program can reduce the loan to value ratio, increase the debt coverage ratio and reduce risk. Lenders are very supportive of the program and use it as a basis for qualifying loans. TACOIVIA PROPERTY TAX EXEMPTiON PROGRAM PROPERTY COUNSELORS ECONOMIC Ev ALUATION PAGE 21 Affordability to Purchaser. The purchaser of a tax exempt unit under the program receives the tax savings. The tax savings increase the disposable income that a purchaser will have available, and the loan amount available from lenders. For both reasons, housing is made more affordable and the ability of the buyer to either secure a higher mortgage loan or even qualify for a loan is improved. Other specific benefits were identified in program comments. Condominium development has been slowed in recent years by the cost and availability of liability insurance required of developers. While the Legislature acted recently to address the issue, there are still few insurance providers and the cost of insurance represents $10,000 to $30,000 per unit. The value of the tax savings can offset some of this cost. "', All development encounters increased cost due to unanticipated circumstances such as rising costs of construction materials. While contingency funds are identified in advance to cover such conditions, savings in taxes can offset shortfalls in those contingencies. There are sometimes front end development costs that can inhibit development. For example, the 8t. Helens Neighborhood may need as much asn$23 million in street improvements and infrastructure upgrades, with $13 million of that potentially financed by a Local Improvement District (LID) taxing property owners in the district. The value of property tax savings can offset some or all of costs such as these. RENTAL UNIT BENEFITS An apartment project participating in the program will experience lower operating costs, and potential higher net income. The potential impact on rental rates is summarized in Table III-I. Two types of rental units are considered: a unit with average rents for the market area, and a higher amenity unit. The former unit is typical of the projects developed under the program in the Tacoma Mall area, while the latter is typical of a project like Metropolitan Towers Downtown. In either case, a typical unit is 700 square feet. Total development cost including land is estimated to be $60,000 and $120,000 for the two cases respectively. The amount of exempt taxes on improvement value is estimated to be $40,000 to $60,000 respectively, based on typical values from Pierce County Assessor records. Using the 2004 total tax levy rate to all taxing entities of $17.60 per $1,000 valuation, the annual tax savings per unit are calculated as shown. In the average rent case, the estimated annual tax savings is $704 per unit. In order to provide the same return to the developer, a unit developed without the program would have to rent for $684 per month rather than $625 for a unit developed with the program. In the high rent case, the estimated annual savings is $1,584 per unit. A unit developed without the program would have to rent for $1,082 per r1lOnth rather than $950 for a unit developed with the program. TACOMA PROPERTY TAX EXEMPTION PROGRAM PROPERTY COliNSELORS ECONOllIlC EVALUATION FACEl2 ", Table 11I-1 Property Tax Exemption Program Economic Benefits for Rental Projects Rental Units A verage Rent High Rent Unit Size (square feet) 700 700 Development Cost 60,000 120,000 Exempt Value 40,000 90,000 Annual Tax Savings* (@$17.599/$1,000Valuation) 704 1,584 Required Rental Rate Without Program 684 1,082 With Program 625 950 * Total tax savings. Amount attributable to City taxes is$152 for average case and $342 for high case. CONDOMINIUM UNIT BENEFITS A condominium project participating in the program will offer ten years of reduced property tax payments for the purchaser, The purchaser can afford to purchase a more desirable unit and will qualify for a higher loan (or perhaps any loan) on the purchase. The impact on potential purchase prices is summarized in Table III-2. Two types of units are considered: A unit with average price in the market, and a higher amenity unit The former unit is typical of McCarver Villa units, while the latter is typical of the condominiums on Thea Foss Waterway. The units considered are 1,200 square feet in the average price case and 1,600 in the high price case. Total development costs including land are $170,000 and $400,000 respectively for the two cases. The amount of exempt improvement value is estimated at $125,000 and $300,000 respectively. Using the 2004 total tax levy rate to all entities of $17.60 per $1,000 valuation, the annual tax savings per unit is estimated and translated into a net present value assuming to years at 6 percent interest In the average price case, the value of the tax savings to the purchaser is $16,200. A purchaser could afford to pay $200,000 for a unit developed under the program, compared to $183,200 for the same unit if it weren't developed under the program. In the case of the higher priced unit, the value of the tax savings is $38,900. A purchaser could afford to pay $480,000 for a unit developed under the program, compared to $441,100 for the same unit if it weren't developed under the program. In either case, the higher purchase price provides an adequate return on cost to the developer, TACOMA PROPERTY TAX EXEMPTION PROGRA1Vl PROPERTY COUNSELORS ECONOMIC EVALUATION PAGE 23 Table 11I-2 Property Tax Exemption Program Economic Benefits for For-Sale Projects Condominium Units " A verage Price High Price Unit Size (square feet) 1,200 1,600 Development Cost 170,000 400,000 Exempt Value 125,000 300,000 Annual Tax Savings* (@$17.599/$1,000Valuation) 2,200 5,280 Present Value 10 Year Savings ( @ 6% discount rate) 16.191 38,859 Affordable Price Without Program 183,809 441,141 With Program 200,000 480,000 * Total tax savings. Amount attributable to City taxes is $475 for average case and $1,140 for high case. TACOlVIA PROPERTY TAX EXEMPTION PROGRAM PROPERTY COUNSELORS ECONOMIC EVALUATION PAGE 24 Multi-Family Property Tax Exemption Program Frequently Asked Questions April 2005 1. When was the Multi-Family Property Tax Exemption Program (Property Tax Exemption Program) established? The Property Tax Exemption Program was authorized by the W A State Legislature in 1995 (RCW 84.14.007). The City implemented the program in 1996 (Ordinance #25789) and added the Portland Avenue Mixed-Use Center in 1997 (Ordinance #25823). Tacoma played a key leadership role in the legislative approval of the tax exemption program. .'..... 2. What taxing iurisdictions are allowed to use the Property Tax Exemption Program? What otheriurisdictions in Pierce County offer the program? . Eligible cities are those with a population of 30,000 or greater, or the largest city or town within a county planning under the State's Growth Management Act (GMA). The state legislature is considering lowering the population requirement this year to cities and towns with a population of 3,000 or greater. . Tacoma was the only city in Pierce County offering the program for several years. However with the lowering of the population restriction by the legislature, other cities are beginning to offer the exemption. Lakewood recently created their property tax incentive program for multifamily development, but have not yet implemented until they determine where and how it should be applied, i.e., rentals vs. condos, downtown and/or other locations. Puyallup has just approved its first tax exemption project in its downtown, a eight-unit up-scale condo over a bank and retail space. They are excited to have an incentive to attract additional housing to their downtown core. University Place looked at the program as an economic development tool, but has decided not to implement it at this time. 3. What obiectives did the City Council establish for our Property Tax Exemption Program? . Encourage higher density development in response to mandates of the W A Growth Management Act. · Direct population growth to designated mixed-used centers, thereby reducing development pressures on single family residential neighborhoods. . Encourage increased residential development within mixed use centers designated by the City Council as residential target areas. . Rehabilitate existing substandard, vacant or underutilized buildings. · Stimulate new construction to increase and improve housing opportunities. · Achieve densities that are conducive to transit use in mixed-use centers. 4. What does the Property Tax Exemption Program do? The program allows qualifying multi-family housing projects to be exempt from property taxes on the value of housing improvements for a period of ten years. Property owners continue to pay property taxes on the full assessed value of the land and any non-housing improvements during the ten-year period. Tacoma's experience has been that land values tend to increase when new housing is created. The increased land value is generates more tax revenue than the vacant parcel would have generated. 5. Who gets the benefit of the Property Tax Exemption? The ten-year property tax savings belongs to the owner of the real property. If the property is sold, the tax exemption is passed on to the new owner. The benefits of the tax exemption are shared by both developers and consumers of the exempted housing. For the developer, it is a financial incentive to offset risk, improves the economic viability of ", a project, helps projects qualify for necessary financing, can be a hedge against unexpected or increasing costs, and helps make a high-density product & urban location competitive with a lower density suburban product & location. The consumer can benefit from the program in the form of lower rents in a competitive market, diversity and availability of housing, and improved ability to qualify for a mOligage because the tax exemption is passed on to the new buyer. 6. How many mixed-use centers does Tacoma have and where are they located? There are 14 mixed-use centers: James Center East nod and Portland A venue North 26th and Proctor South nod and Pacific Avenue 6th A venue and Pine Street Tacoma Mall Stadium Tacoma Central South 11 th and Martin Luther Kinll 56th and South Tacoma Way South 38th and G Street Downtown Lower Portland A venue Westgate 7. How many proiects and multi-family units are involved in the program? As of December 2004, Tacoma's staff had worked with 77 projects representing more than 4,000 multi-family units as follows: Completed Under Construction Approved but not started Pending Council Action Expired Cancelled Projects 28 4 23 4 14 4 77 Units 967 85 1,317 95 1,485 ~ 4.012 2 8. What has caused the number of expired proiects/units to be so high? Even with the benefits from the tax exemption program, many projects don't meet the financial or market requirement to proceed. Sometimes the lack of economic viability for the proposed project doesn't become apparent until the latter stages of the consideration when construction bids, environmental studies and loan applications have been finalized. In several cases construction has been delayed beyond the three-year approval period because of inability to obtain financing, or because of significant increases in construction costs with no corresponding increase in rent or sales price. For example, the cost of building materials such as steel has soared in the past three years as more materials are shipped off-shore. Four of the 14 expired approvals (449 units) were sought by the Foss Public Development Authority (PDA) in anticipation of development that has been on a longer time line than expected. Some of the expired projects may come back into play and will require new application submittals should they wish to use the Multifamily Tax Exemption. " 9. What role does the Property Tax Exemption play in the developer's ability to finance proiects? . Each and every development must be financially sound to qualify for construction and ou long-term financing. The Multi-Family Property Tax Exemption approval will not be used by a financial institution to justify a loan that does not meet basic requirements for loan-to-value ratio, net operating income, ability to service debt on the project, etc. Nevertheless, the property tax exemption plays a critical role in supporting economic value established by an appraisal required by a lending institution and can strengthen the equity position of the developer allowing a project to proceed without seeking a partner or investor to allow the project to go forward. Two examples of how the property tax exemption has been used to support local developments in Tacoma are shown below. 8 Apartment developments with the tax exemption are considered to have two streams of cash to pay expenses: the rental income of the apartment building in perpetuity and the value of the tax exemption over a ten-year period. A local commercial lending officer estimated that the availability of the property tax exemption am0l1ized over 10 years would add between $500,000-$600,000 to the loan proceeds available to build a rental project and would most likely be used to build more units, include on-site amenities, encourage the use of higher quality materials and finishes, or provide a greater cushion for unexpected or rising costs. o The property tax exemption is valuable when dealing with for-sale residential developments in that it (a) helps more people financially qualify to purchase a home and therefore broadens the pool of potential buyers; and, (b) can accelerate the rate of sales, thus reducing the amount of financing necessary to carry the project until it is sold out. Conversely, if a residential development does not have the property tax exemption and has nothing to differentiate it within the 3 marketplace, i.e., views or desirable location, the project could have a longer sell- out and greater risk than a project with tax exemption approval. 10. What would be the impact of reducing the duration of the tax exemption to five years instead of ten? W ouldn't reducing the duration encoura!!e the sale of the real estate with the tax exemption, therebv generating more excise taxes? The greater the financial risk in the marketplace, the greater the importance of the term of the tax exemption. The apartment market has been depressed for the last several years as low interest rates have allowed consumers to buy rather than rent. Financial institutions providing both construction and long-term financing for multi-family development have considered the 10-year term of the incentive as critical to the financial viability of the proposed development. The condo market has been healthy during this same period, but not very deep. In other ." words, there are a limited number of buyers for high density residential projects and the term of the tax exemption is an incentive for both the developer to build the project and the condo buyer to move from the suburbs to a higher density development. 11. What wages and benefits are provided to construction workers on proiects using the Property Tax Exemption program? A survey of the developers shows that most require bidding on their projects and select the most qualified bidders at the best price. The best bidders are sometimes union, sometimes nonunion but pay prevailing wages, and sometimes are nonunion companies paying less than prevailing wages. There is no requirement on the developer to select subcontractors on the basis of pay scale or benefits provided. It is up to the developer to select those subcontractors that can produce the best product at the most reasonable cost. 12. How many out of state/out of area contractors are being utilized on Property Tax Exemption proiects? Is the program benefiting local businesses? Of the ten developers who responded to the survey, all ten repOlied using only local suppliers and mostly local contractors and sub-contractors. The program has attracted developers, contractors and investors from outside the area, yet employees and vendors typically have remained local. This contributes to the local economy by generating material sales, employment, sales taxes, B&O taxes, and employment taxes. The resale of condos, townhomes or apartment buildings generates excise sales taxes each time the units or buildings are sold. Many local businesses are benefiting from the increased construction, both directly and indirectly, i.e., materials suppliers, restaurants and fast food, grocery stores, gas stations, Realtors, appraisers, loan officers and title companies, rental management companies, etc. 4 13. Does the Property Tax Exemption Program require developers to use the Historically Underutilized Businesses (HUB) or Local Emplovee Apprenticeship Program (LEAP)? The Tax Exemption program does not require developers to use HUB or LEAP. In 2003, a committee comprised of a developer, a union representative, and city staff including Legal, Public Works, Economic Development, the HUB/LEAP program representatives, and then Assistant City Manager Jim Walton, analyzed the issue of whether or not to require HUB/LEAP participation for a developer to be granted a property tax exemption. The conclusion of the committee was that the developers should be encouraged to use HUB/LEAP but not be required to do so. 14. Has the Property Tax Exemption been used in all the mixed use centers? If not, why? What is the geographic distribution of properties receiving the MF Tax Exemption? Is the program benefiting certain parts of the city more than others? " . Seven of 14 centers have seen multi-family development and the use of the tax exemption program. Those seven areas include: 6th A venue, Downtown, MLK, South 56t\ Stadium, Tacoma Central and Tacoma Mall. Tacoma Mall and Downtown Tacoma have had the greatest number of projects. . Scarcity of vacant land, insufficient market demand, difficulty ofland assembly, or lagging interest by developers in certain neighborhoods appear to be the major reasons for absence of activity in those mixed-use centers that have not had a MF Tax Exemption development. The following is a summary of factors that contribute to the lack of MF projects in the remaining mixed use centers: James Center: Scarcity of vacant land is a principal factor. The majority of the land in the center is built-out for commercial and educational uses and their associated parking. Some redevelopment of the commercial and parking areas has occurred resulting in commercial or educational development but not residential redevelopment although allowed by the zoning code. In 2003 ala acre track of vacant land owned by Tacoma Public Utilities was removed from the center after the adjoining neighborhood sought to have the property developed as single-family residential. This action significantly reduced the availability of undeveloped land in this center. Westgate: Lack of vacant land is the principal reason. Similar to James Center, the majority of the land within the center is developed with commercial uses and associated parking. Some new commercial redevelopment has occurred. A large tract of land in the center is owned by Tacoma Public Utilities and at some point may become available for development. 72nd Pacific: Major reasons include lack of available land and developer interest in redevelopment. The majority of the center is built-out with commercial uses and j associated parking. A limited number of small vacant parcel do exist in the center; however, these parcels are mixed within the COlllillercial developments so the development that has occurred in the center has been small commercial redevelopment. Due to market demand, it is anticipated that the remaining vacant parcels will be developed for commercial purposes not residential. nnd Portland: Land availability and land assemblage and perhaps market demand appear to be the primary factors. Most of the center is built-out in commercial uses and parking. Some land with single family detached housing is located within the center. Lack of demand for multi-family residential and the inability to assemble the single family developed parcels appears to be a significant issue for this center. Lower Portland: Land assemblage and lack of demand are the principal factors for this mixed use center. The center has a mix of small undeveloped and developed parcels many of which contain a single family detached structure. Land assemblage in this area has been a problem as well as uncertainty relating to the Puyallup Tribe's development -., plans. Many parcels in the area are either owned by the Puyallup Tribe or held in trust making land assemblage difficult. South 38th and G: Many opportunities for second story residential redevelopment exist in this center. Building code and other development issues associated with rehabilitating second story residential above existing commercial uses have contributed to the lack of residential investment in this center. Although this center contains properties with downtown views, the majority of the properties with this amenity are built-out with single family detached housing. The assemblage of these properties along with the lack of market demand had contributed to the lack of MF exemption projects. 15. Of the proiects completed, how many contain commercial space and of these, how many are occupied and generating revenue? Since the inception of the program in 1996, there have been applications for five mixed- use projects having both housing and commercial space in the development. Of the five proposed mixed-use projects, only Thea's Landing has been built. There is currently only 500 sq. ft. of retail/commercial remaining for lease at Thea's Landing. Commercial/retail tenants in the building include a sandwich shop, flower shop, specialty pet store, art & framing shop, restaurant/night club, a medical consulting firm, and a marketing& sales center for adjacent multi-family residential development. 16. When will the first Property Tax Exemption development come on the tax rolls? Taxable improvements for the first MF Property Tax Exemption project will come on the tax rolls in 2008, and is expected to generate $357,062 in propeliy tax. By 2014, property taxes generated by projects coming back on the tax rolls is expected to exceed $1 million per year, and by 2017 it is predicted that the projects that have come onto the tax rolls will produce more than $4 million in tax revenues annually. These projections 6 are based on projects that have either been completed, are under construction, or have been approved by City Council as of December 31, 2004. 17. How will we know when we are "done"? The principle purpose of the program is to encourage multi-family housing in areas of the City that have been determined to be residentially deficient. By policy the City of Tacoma has determined that these areas of the City are those areas located within the City's 14 mixed-use centers. The purpose of the mixed-use center designation is to direct high density residential, employment and commercial growth into these areas in order to meet the City's growth obligations under the State Growth Management Act. By directing residential density and employment growth in the mixed-use centers, increased transit use and other pedestrian friendly transportation options are encourage decreasing development pressure and congestion in the City's single-family neighborhoods. Under the City's Comprehensive Plan each mixed-use center is designated to develop to a planned residential density and level of commercial activity. The tax incentive program " is the primary tool for the City to use to achieve the planned residential activity in the mixed-use centers. Not until the planned residential densiti~s are met and a level of commercial activity is achieve to sustain a vibrant business environment will we know that we are "done". 18. How many applications have been turned down and for what reasons? Before an application is sent to Council, the staff works closely with the property owner or developer to make sure the project meets program requirements, and to date, no application brought before the Council has been disapproved. 19. Is the Property Tax Exemption Program available to affordable housing developers? Yes, it is available to both affordable and market-rate housing. In our experience, however, affordable housing developers generally chose to use other tax incentive programs that provide a greater financial benefit than the MF Tax Exemption Program. For example, projects that provide housing for persons at or below 50% of the median income and have State Housing Trust Fund money invested can get a tax exemption on both the land and the improvements from the state. The same is true if a project has low- income housing tax credit money invested and it serves low-income persons and/or persons who have a disability. 20. What is the average price or average rent of housing created using the Property Tax Exemption? Rental rates have ranged from $550 for a one bedroom, one bath to $1,000-$1500/month or more for a three bedroom, two and one-half bath with garage parking. Sales prices for closed sales range from a low of $150,000 per unit to a high of $850,000, depending on location, size and amenities. 7 Rental and lease-up times have been directly related to unit cost. The less expensive units, $750 - $1,000 per month have rented in 2 to 4 months, and tend to have a low vacancy rate (3% - 5%). The more expensive rentals, $1,000 to $1,500 per month have taken as long as 2 years to rent. Once rented, they tend to also have low vacancy rates (5% - 7%), but the apartment owner must be able to survive during the initial rent-up period. Renters in the more expensive units are primarily professionals, retired persons, and military officers. Renters in the market rate units are professionals, blue collar workers, teachers, nurses, police officers, firefighters, and service providers. Renters in the less expensive units are service providers, nurses, teachers, blue collar workers, single parents, and artists. Purchasers of the market-rate units have been professionals, retired people, military, blue collar workers, teachers, nurses, police officers, firefighters, and service providers. Sales ''"' to the high-end condo market have been to professionals, including attorneys, doctors, professors, and administrators. A serendipitous benefit of the program is that it has caused older multifamily developments to be improved by the owners in order to remain competitive in the market. This has resulted in a substantial improvement in the overall quality of housing in the mixed use centers where new multifamily development has occuned. 8 NEW AND REHABILITATED MULTIPLE-UNIT DWELLINGS IN URBAN CENTERS PROPERTY TAX EXEMPTION (Ch. 84.14 RCW/Ch. 13.17 TMC) FAQ: 1. Does the City Council have the discretion to reject a property tax exemption agreement even though the project may be located within a residential target area? ", Answer: Yes, if the City Council finds that the terms and conditions of the agreement do not satisfy state law, city code, or the guidelines established by the City Council. ' State law sets forth at Chapter 84.14 RCW ("Act") the minimum eligibility requirements for the tax exemption. The Act further authorizes the City Council to establish guidelines for qualification that the City Council determines are necessary to achieve compliance with the legislative purposes of the Act and that establish basic requirements for new construction and rehabilitation for each project. 1 The current guidelines are embodied within Chapter 13.17 of the Tacoma Municipal Code ("TMC"); however, the City Council may, in its discretion, establish additional guidelines through resolution or amendment to the Tacoma Municipal Code ("City Code"). The Act contemplates that either the governing authority or a designated public official shall approve or deny an application for a property tax exemption. The City Code delegates this authority to the Economic Development Director.2 The Act also requires that the approved applicant enter into an agreement with the City on terms and conditions satisfactory to the City Council. This requirement is found at TMC 13.17 .030(f)( 1) and specifically provides that the City Council, and not the Economic Development Director, must approve the agreement. The City Council, when approving or disapproving an agreement, may reject the agreement if it is not satisfied that the agreement complies with the requirements 1 The Act lists, at two sections, examples of what the guidelines may include: height, density, public benefit features, number and size of proposed development, parking, low-income or moderate-income occupancy requirements, other requirements indicated necessary by the City (RCW 84.14.030), and requirements that address demolition and site utilization and building requirements that may include elements addressing parking, height, density, environmental impact, and compatibility with the existing surrounding property and such other amenities as will attract and keep permanent residents and that will properly enhance the livability of the residential targeted area in which they are located, RCW 84.14.040(5)(a)&(b) 2 The reason for this delegation of authority is likely based upon the statutory requirement that an appeal of the decision to deny or grant an application shall be made to the City Council. RCW 84.14.070(4). Property Tax Exemption -1- cdb/memo/Prop Tax Exemp Memo FINAL 4-19-05.doc cdb/lad that are imposed through the Act, the City Code, or the guidelines adopted by the City Council. Thus, the City Council may exercise its discretion by undertaking an individualized review of the facts to determine whether or not the terms and conditions of the agreement meet these requirements.3 2. Can the City Council use a low ratio of new housing units to those torn down and replaced as a reason for declining to grant a property tax exemption? Answer: Yes, if the City Council includes this ratio within the guidelines. State law already imposes a minimum number of new housing units in certain circumstances and further provides that the purpose of the chapter is to increase residential opportunities. If the City Council determines that a minimum ratio is necessary to achieve a greater number of housing units, this seems well within the purpose and authority of the Act. ....... 3. Can the City Council use the presence or absence of high value or low-cost/affordable condominium or rental units as a reason for declining to grant or for granting only limited property tax exemptions? Answer: Yes, if the City Council includes these requirements within the guidelines. The governor explained in his partial veto of the Act that the legislative intent behind the Act was, in part, to provide local governments flexibility to address the public interest in the need to maintain a supply of housing, including low-income housing. Further, the legislation does not preclude and, in fact, encourages cities to consider their housing needs in the context of their growth management plans when implementing the provisions of the Act. Thus, the City Council, when establishing its tax exemption guidelines, may therefore take into account such considerations as the presence or absence of high value condominium or rental units. 4. Does the City Code permit multi-family property tax exemptions in any Mixed-Use Center or only in areas of such centers that qualify or are found to lack "sufficiently available" housing? In this regard, is the City's ordinance consistent with the state's statute? Answer: Mixed-Use Centers must meet the requirements of the Act to qualify as a residential targeted area, including the requirement that there is insufficient availability of housing. The City Code is not inconsistent with the Act. ] As always. the City Council must act in a nondiscriminatory manner, cannot be arbitrary or capricious, and, in these circumstances, must exercise its discretion in a manner that is rationally based. upon the legislative goals and the guidelines established by the City Council. Property Tax Exemption -2- cdbfmemo/Prop Tax Exernp Memo FiNAL 4-19-05.doc cdbilad The Act requires that new or rehabilitated multiple-unit housing must be located in a residential targeted area, as designated by the City, to qualify for the tax exemption. A residential targeted area must meet three criteria paraphrased as follows: (a) it must be inan "urban center" (same as a Mixed-Use Center), (b) it must lack sufficiently available residential housing, and (c) it must be found that providing additional housing will assist in achieving one or more of the stated purposes of the Act.4 Mixed-Use Centers that do not meet all three requirements will not qualify as a residential target area. Thus, a location will not qualify solely because it is a Mixed-Use Center. The City ordinance mirrors, in substance, the requirements of state law, including the definition of "Mixed-Use Center," which has essentially the same meaning as "urban center" under Chapter 13.17 TMC. 5. Does the City Council have the legal authority to adjust the property tax '" exemptions it awards in any of the following ways (whether by geography or the circumstances of individual applications)? . a. By number of years for which the exemption will be allowed? Answer: No. The term of the exemption is fixed by state law at ten years, unless the exemption is cancelled, as provided at RCW 84.14.110. b. By percentage or dollar amount for which the exemption will be allowed? Answer: No, The property to which the exemption applies is fixed by state law; however, the City Council may, through its established guidelines, limit the number of dwelling units to which the property tax exemption will apply. d The full text of these three requirements is as follows: (1) The following criteria must be met before an area may be designated as a residential targeted area: (a) The area must be within an urban center, as determined by the governing authority; (b) The area.must lack, as determined by the governing authority, sufficiently available, desirable, and convenient residential hOLlsing to meet the needs of the public who would be likely to live in the urban center, if the desirable, attractive, and livable places to live were available; and (c) The providing of additional housing opportunity in the area, as determined by the governing authority, will assist in achieving one or more of the stated purposes of this chapter. RCW 84.14.040. Property Tax Exemption -3- cdb/memo/Prop Tax Exemp Memo FINAL 4-19-05.doc cdb/lad c. To some housing units or portions of some housing units within a larger project but not to other units or other portions of units within the same larger project? (e.g., perhaps on basis of sale price, valuation, or rental amount). Answer: Yes. See answer to (b) above. 6. Would the state statute or City ordinance--or both--need to be amended to provide the City Council with any of the above discretions to customize property tax exemptions to specific Mixed-Use Centers or projects? Answer: With regard to (a) and (b) above, the answer is yes. With regard to (c), the answer is no. '" As explained above, the City Council does not have authority to change the term of the property tax exemption or the dollar amount. However, it may implement guidelines that would have the effect of limiting application of the property tax exemption to certain types of residential units within a development. To do this, the City Council must find that such guidelines are necessary to further the purposes of the Act. 7. Does the City have the authority to require certain wage levels or average wage levels to be required on construction projects for property tax exempt projects? Answer: Yes, but only if the City Council can establish a rational relationship between wage levels and the purposes of the Act. The purpose of the Act is generally to (a) encourage residential opportunities and (b) to stimulate the construction of new multi-family housing and the rehabilitation of existing vacant and under-utilized buildings. If the City Council finds a rational relationship between wage levels on such tax exempt construction projects and one or more purposes of the Act, then the City Council arguably has the authority to impose such conditions as part of the guidelines for project eligibility. However, an argument can be made that the guidelines not only must be rationally based upon achieving one or more of the purposes of the Act, but also must fit within the categories of those guidelines listed in the Act.5 The precise scope of what may be included within the guidelines is an open question. 5 However, it should be noted that the Act may preclude guidelines that do not fit within the categories listed at RCW 84.14.030 or 040. The statutory rule of construction "expression unius est exclusion alterius" means the expression of one is the exclusion of the other. If applied, this rule of construction means that if the legislature specifically list things upon which the statute operates, there is a presumption that the legislative body intended all omissions. In this case, there may be a presumption that the City Council can only establish guidelines that are within the categories expressed in the statute. On the other hand, this presumption may not prevail because the statute at RCW 84.14.030 also provides that the City Council may consider other requirements. How the courts might interpret the statute and the scope of the guidelines the City Council may adopt is an open question. Property Tax Exemption -4- edb/merno/Prop Tax Exernp Memo FINAL 4-19-05.doc cdb/lad 8. Does the City have the authority to require applicants, as part of their current applications for property tax exemption projects, to submit data and analysis regarding the construction and sale or rental costs, occupancy, current and past ownership, etc., for past projects? Answer: Yes, but only if the City Council can establish a rational relationship between these requirements and the purposes of the Act. If the City Council can find a rational relationship between the foregoing criteria and the purpose of the Act, then the City Council arguably has the authority to impose such conditions as part of the guidelines for project eligibility. ", Property Tax Exemption -5- cdb/memo/Prvp Tax Exemp Memo FIi',AL 4-19-05 doc cdb/iad DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: Council President Cecil McConnell and City Council Members From: Chris Hugo, Director Date: April 5, 2006 Re: "MULTI-FAMILY TAX INCENTIVE" In Urban Centers -" In 1995, the State Legislature enacted Chapter 84.14 RCW New and Rehabilitated Multiple- Unit Dwellings in Urban Centers, more simply known as"the Multi-Family Tax Incentive. Bremerton is eligible to utilize this incentive program to induce new multi-family development in places consistent with the growth strategy presented in the new Comprehensive Plan. The following information summarizes the most salient provisions of this law: A. Purpose It is the purpose of this statute to encourage increased residential opportunities within urban centers in cities that are required to plan or choose to plan under the Growth Management Act where the legislative body of the affected city has found there is insufficient housing opportunities. It is further the purpose of this statute to stimulate the construction of new multifamily housing and the rehabilitation of existing vacant and underutilized buildings for multifamily housing in urban centers having insufficient housing opportunities that will increase and improve residential opportunities within these urban centers. To achieve these purposes, this statute provides for special valuations for eligible improvements associated with multiunit housing in residentially deficient urban centers. The value of new housing construction, conversion, and rehabilitation improvements qualifying under this statute is exempt from ad valorem property taxation for ten successive years beginning Jan. 1 of the following year. B. Eliqible Districts Utilization of this incentive is restricted to "urban centers," d~fined in the statute as: a compact identifiable district where urban residents may obtain a variety of products and services. An urban center must contain: (a) Several existing or previous, or both, business establishments that may include but are not limited to 1 shops, offices, banks, restaurants, governmental agencies; (b) Adequate public facilities including streets, sidewalks, lighting, transit, domestic water, and sanitary sewer systems; and (c) A mixture of uses and activities that may include housing, recreation, and cultural activities in association with either commercial or office, or both, use. C. Designation of "Residential Targeted Area" 1. To create an eligible district, the City shall designate a "residential targeted area" that meets the following criteria: a. The area must be within a designated urban center, b. The area must currently lack sufficient available, desirable, and convenient housing; and c. Additional housing in the area will assist the stated purposes of the statute. 2. Notice and a Council public hearing are required for designation. ", 3. Designation requires adopted findings that the criteria above have been met. 4. After designation, the Council shall adopt standards and guidelines that may include the following: requirements that address demolition of existing structures and site utilization; and building requirements that may include elements addressing parking, height, density, environmental impact, and compatibility with surrounding properties. D. Requirements for Application 1. The project must be located in a "residential targeted area" designated by the City (see section C., above); 2. The housing must meet local guidelines such as height, density, public benefit features, number of units, size of development, parking, and income-based occupancy; 3. The project must provide for a minimum of fifty percent of the space for permanent residential occupancy and may have to provide four or more new units; 4. The project must be completed within three years from date of City approval; 5. The applicant's agreement to the conditions of approval must be in the form of a contract with the City. . Page 2 :McCament & 'RoBers 708 'Broaaway, Suite 170, 'Tacoma, 'W j\ 98402 253- 284-5702 July 5, 2006 Bremerton City Council 345 Sixth Street, Suite 600 Bremerton, WA 98337 Dear Council President McConnell and Council Members: RE: Multi-Family Tax Exemption (MFTE) Program Ordinance No. 4968 Thank you for the opportunity to comment on proposed Ordinance No. 4968. I attended the May 9, 2006 Council Study Session and have since met with Council President McConnell and apartment developer John Stephanus to request the following actions: . Include for-rent residential in the Multi-Family Tax Exemption Program at this time, and, . Designate "City Center Residential" (CCR) zoning as a "residential targeted area" and include all areas zoned CCR in an urban center. At the Council Study Session, the Council's intention to restrict the MFTE program to for-sale residential units was supported by a desire to increase home ownership in the urban core and eliminate any possibility of the City fmancially supporting property owners who perpetuate substandard housing. Both objectives are laudable, but don't necessarily hinge on eliminating for-rent housing from the tax exemption program. There are several reasons for taking another look at for-rent residential and how this product type is important to the revitalization of the community: . New construction and renovation of existing buildings can be expected to upgrade the current housing stock. When new projects come on line, it provides a choice in the market that didn't exist before and residents have a tendency to move out of less desirable housing if the new product is priced competitively. . Existing substandard, vacant or underutilized buildings are a drag on the community, create a poor image and generate minimal property taxes. The tax exemption program can be used to bring some buildings back to life, but chronic or non-existent property management could more effectively be dealt with using of other legislation such as a Minimum Building and Structures code, Junk Vehicles Ordinance and the City's Business Licensing ordinance to bring positive change. . By constraining new for-rent residential, people who need to rent or choose to rent have few choices but to opt for what's already available in the market. By default, eliminating for-rent residential from Ordinance 4968 shelters existing for-, rental properties in the residential targeted area from competition. . Every development must be financially sound to qualify for construction and long-term fmancing. The MFTE will not be used by a financial institution to justify a loan that does not meet basic requirements for market demand, loan-to- value ratios, net operating income, ability to service debt, etc. Experience has shown that only about 50% of all projects receiving MFTE approval are built within the three-year limit outlined in state statute. The market and the willingness of developers and lenders to take an acceptable risk is the deciding factor. The benefits of the tax exemption can be expected to be shared by both developers and residents. The consumer benefits from lower rents in a competitive market, diversity and the availability of housing choices. For the developer, it is a financial incentive to offset risk, improve the economic viability of a project, and acts as a hedge against unexpected or increasing costs now being experienced in the construction industry. Perhaps one of the greatest benefits to be achieved is that a developer can hope to attract residents to a high density development in an urban location and thus compete with the lower density suburban developments that put more cars on the road. In closing, we encourage the Council to consider the advantages of including for-rent residential in Ordinance No. 4968 from the outset, as well as recognizing "City Center Residential" (CCR) zoning as areas slated for high-density development and thus including these areas in urban centers. Sincerely yours, fifAJttmmt J.J. McCament Attachment: For-Rent Pro Forma Analysis, Bremerton Gardens '. '. Rental Proforma - Bremerton Garden Apartments Expansion June 2006 Bremerton Garden Apartments - Phase II Expansion Annual Annual With MF Exemotion w/o MF Exemotion Income Total Ooeratina Exoenses Janitorial, building maintenance, utilities, insurance, advertising, admin, property taxes $ 2,100,000 $ 2,100,000 $ 157,500 $ 157,500 $ 1,942,500 $ 1,942,500 $ 42,000 $ 42,000 $ 1,984,500 $ 1,984,500 $ 580,000 $ 800,000 Gross Rents @ 100% Less Vacancy @ 7.5% Other Income Parking for Residents Gross Income Net Income Before Debt Service 1,404,500 $ 1,184,500 Net Income after Debt Service $ $ $ 1,388,182 16,318 $ $ 1,388,182 Debt Service (203,682) Bremerton Gardens Debt Coverage Ratio FNMA Required Debt Coverage Ratio 1.01 1.25 0.85 1.25 Assumotions Construction of 200 new market-rate apartments $19M construction budget ($95,000/unit x 200 units) Equity Requirement: $3.8M (20% of $19 million) Average RentIMo: $875/mo/unit Operating Expenses: $4,OOO/unitiyear Vacancy Rate: 7.5% average Permanent Financing: $19 million x 6.5% x 35 years Ppty Tax Rate: $11.6241/$1,000 Bremerton Gardens Assessed Value, 2006: $3,664,000 ($527,520/Iand + $3,136,480 improvements) Property Tax on Bremerton Gardens, 2006: $42,592 Property Tax on Bremerton Gardens, Phase II: $220,858 ($19 million x $11.6241/$1000=$220,858) Commiss;/JJlers: KIrSAP COUNTY CONSOLIDATED HOUSING AUTHORITY PA1TY LENT. Chair KATHRYN QUADE, Vice Chair KIM ABEL JAN ANGEL CHRIS ENDRESEN TROY ERICKSON DARLENE KORDONOWY Executive Director NORMAN McLOUGHLIN July 5,2006 Cecil McConnell, Council President Bremerton City Council 345 6th Street, 6th Floor Bremerton, WA 98337 Dear Cecil, We understand that the City Council is scheduled to consider an ordinance relating to exemptions from ad valorem property taxation for new multi-family housing in designated urban centers of the City. We are very concerned to hear that the ordinance, as currently drafted, excludes apartments from taking advantage of the ad valorem property taxation exemptions. We feel this is a serious error. Recently, Bremerton has been getting a lot of mention in the paper for its high crime rate. In a recent article, the Kitsap Sun, points out that Bremerton's high crime is due in part to absentee landlords owning decrepit properties that are poorly managed. The best way to make a positive change is to encourage competition that will bring quality rental opportunities. This change can come about by including apartments in this ordinance. We are all aware of the issue that Bremerton has a high proportion of rental versus owner occupied housing. That problem, however, is caused by substandard single family rentals, not the kind of structures this ordinance will encourage if amended to include apartments. Your minimum occupancy size of 10 units or more already included in the draft ordinance will ensure the property owners who are currently responsible for Bremerton's substandard rentals are kept out of this market. You only need to look to Tacoma to see the quality condominiums and apartments that have sprung up in the wake of a similar ordinance. Amending this ordinance to include apartments is another key step in the renaissance of Bremerton. It is also important in creating the critical mass of population necessary to support a destination grocery store and other retail. We strongly urge you to make this amendment before acting on the draft ordinance. Respectfully, ~unt Board Ch Ir . Mailing Address: 9307 Bayshore Drive NW "Silverdale, Washington 98383-9113 Delivery Address: 345 6th Street" Suite 1 00 "Bremerton, Washington 98337 (360) 337-5600" TDD (360) 535-6106 " Fax (360) 337-7082 ht.W:/lwww.kccha.ora "a HUD approved certifted Housing Counseling Agency {it~ L~( . FIRST I WOULD LIKE TO THANK YOU FOR YOUR RECENT SUPPORT OF THE 60 FT BUILDING HEIGHTS DESIGNATION FOR THE NEIGHBORHOOD NORTH OF 6TH STREET ALONG PLEASANT AND HIGHLAND AVENUES. THIS WAS AN IMPORTANT PART OF BREMERTON'S REVITALIZATION. . BREMERTON HAS COME A LONG WAY BECAUSE YOU HAVE WORKED TO SUPPORT HEALTHY REVITALIZATION POLICIES. . AS CHAIR OF THE BOARD FOR KCCHA, BREMERTON'S RENEWAL AGENCY- I ASK YOU TO SUPPORT THE MULTI FAMILY TAX EXEMPTION ORDINANCE AND I ASK YOU TO AMEND THE ORDINANCE TO INCLUDE APARTMENTS FOR TAX EXEMPTION AS WELL AS CONDOS. · YOU KNOW THAT BREMERTON ALREADY HAS A HIGH PERCENT AGE OF RENTAL UNITS, PRIMARILY SINGLE FAMILY TO TRIPLEX IN SIZE. MANY OF THESE ARE OWNED BY ABSENTEE LANDLORDS. . INCLUDING APARTMENTS, WHICH HAVE ON-SITE MANAGERS, IN THIS ORDINANCE WILL RAISE THE STANDARDS FOR EXISTING RENTAL PROPERTY OWNERS TO REGULATE AND MAINTAIN EXISTING UNITS. . THE BEST WAY TO MAKE A POSITIVE CHANGE IS TO INCLUDE APARTMENTS IN THIS TAX EXEMPTION ORDINANCE. THIS WILL ENCOURAGE HEALTHY COMPETITION AMONG RENTAL OWNERS TO BETTER CARE FOR AND MAINTAIN THEIR UNITS. . THIS IS ANOTHER IMPORTANT PART OF BREMERTON'S REVIT ALIZA TION THAT WILL BRING PHYSICAL REHABILITATION AND HEALTHIER HOUSING OPTIONS TO THE BREMER TON COMMUNITY. IT IS ALSO IMPORTANT IN CREATING THE CRITICAL MASS OF POPULATION NECESSARY TO SUPPORT A DESTINATION GROCERY STORE AND OTHER RETAIL IN THE DOWNTOWN CORE. ". GROUP INCORPORATED July 5, 2006 Bremerton City Council 345 Sixth Street, Suite 600 Bremerton, WA 98337 Attention: Mr. Cecil McConnell, Council President Dear Mr. McConnell & Council Members: RE: Multi-Family Tax Exemption (MFTE) Program Ordinance No. 4968 The proposed Multi-Family Tax Exemption ordinance before you has the potential of being one of the City's most effective economic development tools in bringing about the economic revitalization of Bremerton's urban neighborhoods. As a private developer already doing business in Bremerton, I'm excited about the prospect of working with the City as a partner to bring about new development. There are two actions we are asking the Council to take in partnership with the private sector to bring about desired high-density development: I. Include for-rent residential in the Multi-Family Tax Exemption Program, and, 2. Designate City Center Residential (CCR) zoning as a "residential targeted area" and include areas zoned CCR in an urban center. My company owns and manages over 3500 apartments in the Puget Sound region. Bremerton Gardens on Parkside Drive has been one of our properties for the past two decades and provides affordable, clean, and secure homes for those who work in the Bremerton area. We pride ourselves at Armco as having one of the best maintained rental properties in Bremerton, consistently remaining in the top 10%. We are in the process of replacing roofs on the 14 buildings and expect to spend close to $200,000 this year alone to add to the similar amount we spent over the last two years on this re-roofing project. We don't want to stop there, however, and that's where a private-partnership becomes the deciding factor. We want to build and manage more apartments in the urban core of this community. Our first proposed project is the expansion ofBremerton Gardens with 200 new apartments. The new construction would necessitate upgrading the existing apartments to make the two phases of development more compatible with one another. The two projects total about $21 million budget: Asset Management I ~~ MOCO lNC. ~ ~I( 219 East Garfield Street · Suite 600 · Seattle, Washington 98102 · 206.505.6800 · Fax 206.505.8205 ,-' $ 1 9 million in new construction and $ l.8 million to upgrade the 18 1 existing apartments with new washers and dryers, additional landscaping, decks and upgraded kitchens and baths. The rub is that finances for the two projects are intertwined. Even though J own the land already, new construction still isn't economically viable without the benefits of the Multi-Family Tax Exemption, and there is no compelling reason to upgrade the existing apartments unless new construction takes place. The attached rental pro forma compares the impact of a Multi-Family Tax Exemption on proposed new construction. As shown, the Multi-Family Tax Exemption closes the gap but doesn't eliminate it. Using the tax exemption and a standard 20% developer equity requirement, the project doesn't quite meet FNMA required debt coverage. Without the tax exemption, the proposed transaction falls far short of the debt coverage requirement and would not be bankable. To understand the financial impacts to the City of Bremerton if the expansion project went forward, we asked an economist, Greg Easton of Property Counselors, to do a quick analysis. Mr. Easton is familiar with the Multi-Family Tax Exemption program and completed a detailed analysis for the City of Tacoma last year when the Council evaluated their program. I am including a copy of his analysis for your review including estimates for one-time taxes on construction as well as annual taxes that would be collected over the lO-year exemption period for utilities, sales tax, and the per capita distributions from the State of W A. There are many benefits to be realized with a public-private partnership using the Multi-Family Tax Exemption to bring desirable high-density multi-family development to Bremerton. Improved and upgraded rental housing puts pressure on all multi-family developers to improve their properties in order to stay competitive in the marketplace. Local residents benefit from the choices presented by developers willing to take a risk and bring new product to the market. In closing, J would ask the Council to take a close look at the benefits of using the Multi-Family Tax Exemption to encourage sound financial investment in the community while providing housing choices for those who live and work in our community. ~ U I J hn Stephanus ; Attachment: Economic Analysis Prepared by Greg Easton, Economist, Property Counselors, Seattle ~ ---- Jr' 07/05/06 Bremerton Tax ExemptionEaston7 5 06.xls Page 1 of 1 Property Tax Exemption Program Bremerton Gardens Expansion City of Bremerton Annual Exempt Prooertv Taxes Improvement Value 19,000,000 Total Exempt Property Taxes $11.62 220,857 City Exempt Property Taxes $3.30 62,700 Annual Taxes after 10 Years Improvement Value (I % / yr.) 20,987,820 Total Annual Property Taxes $11.62 243,964 City Annual Property Taxes $3.30 69,260 One-time Taxes on Construction Construction Value 19,000,000 City Sales Tax on Construction 0.84% 159,600 Annual Taxes on Resident Purchases Housing Units 200 A vg. Household Size 2.0 Total Population 400 Taxable Spending/Capita 9,105 Taxable Sales 3,642,000 Annual City Retail Sales Tax 0.84% 30,593 Annual Utilitv Tax Housing Units 200 A vg. Ann. Utility Expense 2,000 Total Utility Expenses 400,000 Annual Utility Tax 7.0% 28,000 Annual Per Caoita Distributions from State Housing Units A vg. Household Size Total Population Distributions per Capita Annual Distributions 200 2.0 400 36.00 14,400 July 5, 2006 Draft: For Review and Comment Only