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Home My WebLink About01/21/2009 AGENDA :Im---" ,~-_._--- I, Ii II I II :1 w- -' 'I <sun @I' ii ~fl,J\'@.<tRQ) ~------~--, .- - "-~ FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 D Phone (360) 473-5280 JANUARY 21, 2009 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. ANNOUNCEMENTS & PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register (#AB09-004) B. Minutes of Meeting - January 7,2009 (#AB09-005) C. Minutes of Study Session - January 14, 2009 (#AB09-006) D. Lease Agreement with Bremerton Community Theatre, Inc. (#AB09-007) E. Amendment NO.5 to Contract with Kitsap Humane Society (#AB09-008) F. Amendment to Kitsap Family YMCA Concession Agreement (#AB09-009) G. Reimbursement Agreement between the Kitsap Family YMCA and Jarstad Aquatic Center (#AB09-01 0) H. Collective Bargaining Agreement between the City of Bremerton and the International Association of Fire Fighters (IAFF) (#AB09-011) I. Resolution No. 3076, declaring an emergency to amend the Comprehensive Plan outside of the annual process (for the West Park Sub-Area Plan, now called "Bay Vista") (#AB09-012) 6. GENERAL BUSINESS - There are no General Business items tonight... 7. PUBLIC HEARINGS A. Closed Record Hearing on Ordinance No. 5073, approving a rezone of 1.4 acres located at 5005 Arsenal Way (#AB09-013) 8. COUNCIL MEMBER REPORTS' 9. ADJOURNMENT OF CITY COUNC'IL BUSINESS MEETING fI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. DATE SUBMITTED: 1/21/2009 BILL # Dc;- 0 0 Lj AGENDA BILL CITY OF BREMERTON CITY COUNCIL r 5A ........s...m.m.......s....m............m............................s.................. SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: January 21,2009 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 Claims & Check Register SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. ATTACHMENTS: Check Register. FISCAL I,MPACTS (Include Budgeted Amount): APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~~~//'''- '''/c:: It ~~ /( /.>'/ (/1-1 / //'"/?'/'>1 L/' ((-{/ ' :y , 7 CONSENT AGENDA r8J GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: 1) Check #'s 328258 through 328530 and EFT's 8420 through 8459 in the amount of $3,594575.74. 2) Regular Payroll for the pay period ending December 31, 2008 in the amount of $1 ,20 1.22. 3) Regular Payroll for the pay period ending January 15,2009 in the amount of $760,984.91. COUNCIL ACTION: r8J Approve D Deny D Table D Continue D No Action AGENDA BILL CITY OF BREMERTON CITY COUNCIL BlLL # D9 - 005' 55 D/\ TE SUBMITTED: .......................................................................................1 SUBJECT: City Council Meeting Minutes for meeting of - J uV\<.J..OX'1 7/ 200'1 Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: N/A dt.l\1] i.w.Y'~ 2/ . 2.0f7'1 City Counc 1 . Cecil McConnell Council President (360) 473-5280 Phone: SUMMARY: Attached is a summary of the City Council Meeting held -::r o.JI\v..a.Jr7 11 zooC'f ATTACHMENTS: Meeting Minutes for -:r o.:V\I,).A.rr 7, 2-ooq. FISCAL IMPACTS (Include Budgeted Amount): N/A ; APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/A ~'I;;/;'VH~tl CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presel1ted. corNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, January 7, 2009 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, January 7, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 3456111 Street, Bremerton, Washington, with Council President Will Maupin presiding. Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith. A COUNCIL BRIEFING was held to discuss General Council Business; and also included a 5-Minute EXECUTIVE SESSION to discuss "Labor Negotiations" per RCW 42.30.140 (4)(b) and a 10-Minute EXECUTIVE SESSION to discuss "Potential Litigation" per RCW 42.30.110 (1 )(i). At 5:30 PM the meeting moved to the City Council Chamber. The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation provided by Pastor Brian Banke of Memorial Lutheran Church. /, COUNCIL OFFICER ELECTIONS / . President Maupin opened nominations for Council President/Mayor Pro Tempore. Mike Shepherd nominated Cecil McConnell. Roy Runyon nominated Brad Gehrinq. 05:39:10 City Clerk Carol Etqen counted the ballots: Voted for Cecil McConnell: McConnell, Runyon, Shepherd, Robinson, Arends, Maupin, Wofford Voted for Brad Gehring: Gehring, Brockus Cecil McConnell - 7 Votes; Brad Gehring - 2 Votes Cecil McConnell was elected Council President/Mayor Pro Tempore and was then seated. President McConnell then opened nominations for Council Vice-President. Dianne Robinson nominated Roy Runyon. Adam Brockus nominated Nick Wofford. 05:43:35 City Clerk Carol EtQen counted the ballots: Voted for Roy Runyon: Runyon, McConnell, Brockus, Shepherd, Robinson Voted for Nick Wofford: Wofford, Gehring, Arends, Maupin Roy Runyon - 5 Votes; Nick Wofford - 4 Votes Adam Brockus apologized for his mistake, but requested that a correction be made to his ballot, indicating that he nominated Nick Wofford and meant to vote for him...Mr. Bagwell indicated that a majority of the Council could make a decision on whether to let the vote stand or to allow a vote to be corrected. 05:45:50 M/S/C (Maupin/Gehring) Move to allow Council Member Brockus to correct his ballot to cast his vote for Nick Wofford for Council Vice President. Voted in favor of the Motion: Gehring, Brockus, Runyon, Arends, Maupin, Wofford, McConnell Voted against the Motion: Shepherd, Robinson Motion carried: 7-Yes; 2-No City Council Reg. Mtg. Minutes Wednesday, January 7,2009 Page 2 of 3 Adam Brockus re-submitted his ballot and City Clerk Carol Etqen then recounted the ballots. Voted for Roy Runyon: Runyon, McConnell, Shepherd, Robinson Voted for Nick Wofford: Wofford, Gehring, Arends, Maupin, Brockus Roy Runyon - 4 Votes; Nick Wofford - 5 Votes Nick Wofford was elected Council Vice-President. President McConnell then continued with the Council Meeting. .. MAYOR'S REPORT · Announced that due to the snow and ice, the City will be dismissing all parking tickets issued from December 18 through December 26; and thanked Council Member Brockus for the suggestion. · Explained that a Draft Plan was submitted by the Washington State Ferries, and he plans to carry a message to the State Legislature on behalf of the City requesting that current levels of service continue until additional funding can be obtained. · Was pleased to announce that the interview process for a new Finance Director has concluded and a conditional offer was made to Paul Gudgeirsson. · Public Works Director Phil Williams recognized Bob Tulp, Operations Manager of the Public Works Department for over 25 years of service to the City; but explained that Mr. Tulp has accepted a new position with Puget Sound Energy (PSE) and the City wished him well. · Urged the Council to continue their good relationship with the Administration. PUBLIC RECOGNITION & ANNOUNCEMENTS Adam Brockus mentioned an Open House on the Manette Sub Area Plan would be held in the Council Chambers on Monday, January 12 from 4:00 to 7:00 PM. Rov Runvon announced that Goodwill is now accepting computer monitors and televisions. Katrina Fulkerson, Member Services Director of the Kitsap Family YMCA reported on the current activities going on at the "Y". CONSENT AGENDA A. Check Numbers 329064 through 329257; and EFT-8378 through EFT-8419 in the amount of $1,746,329.98; Regular Payroll in the amount of $740,695.42 for the pay period ending December 15, 2008; Regular Payroll in the amount of $808,847.71 for the pay period ending December 31,2008; and Retiree Payroll in the amount of $79,053.51 for the pay period ending December 31,2008 (#AB09-001) B. Minutes of Meeting - December 17, 2008 (#AB09-002) C. Re-appointment of Emily Russell to the Arts Commission (#AB09-003) 06:05:40 M/S/C/U (Runyon/Arends) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS - There were no General Business Items tonight... President McConnell took a moment to thank and recognize Will Maupin for his service as Council President for the last two years in 2007 & 2008; Brad Gehrinq for his service as Vice President in 2007; and Dianne Robinson for her service as Vice President in 2008. City Council Reg. Mtg. Minutes Wednesday, January 7,2009 Page 3 of 3 COUNCIL MEMBER REPORTS Carol Arends thanked her fellow Council Members for their service to the Council and the City. Dianne Robinson reported on her involvement with "Surviving Change", a non-profit group that helps disadvantaged young people succeed, and proudly participated in their grand opening of a computer lab for the students located at 865 6tl1 Street in downtown Bremerton. Mike Shepherd was pleased to meet with Rep. Larry Seaquist, David Moseley from Washington State Ferries, the Shipyard Commander, and fellow Council members Maupin, Wofford, and Brockus to discuss the impact of the ferry schedules and shipyard works; and shared information about a finance package put together by the Bremerton School District that they plan to present to the State Legislatures. Roy Runyon enjoyed his first year in office as a Council Members and looks forward to the coming year; particularly hoping to help get the economy rolling again. Will Maupin thanked Bob Tulp for his years of service to the City and shared a few stories from people who noticed how much better the roads were in Bremerton compared to the streets of Seattle and Tacoma after the recent winter storm; and specifically thanked Bob and his crew for their great work during that difficult time. Brad Gehrinq congratulated Cecil McConnell for being elected to serve as Council President for the coming year; and thanked Will Maupin for his service as Council President for the last two years. He also thanked Bob Tulp, his Street Crew, and all the staff of Public Works for their efforts during this particularly harsh winter. Lastly, he wished everyone a Happy New Year. President McConnell also thanked Bob Tulp and his crew for their dedication. With no further business, President McConnell adjourned the Council Meeting at 6:15 PM. The Council reconvened in the Council Conference Room for a STUDY SESSION for a briefing by the Council President and to discuss General Council Business. p~ LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:ls:cg DATE SUBMlTTED: BILL it Dr - OO~ AGENDA BILL ClTY OF BREMERTON CITY COUNCIL 5(, ........................................................................................ Committee Meeting pate: N/A COUNCIL MEETING Date:ldrllAd.r'f 11, loa <1 Department: City Council Presenter: Cecil McCOlmell Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held JlJ..YtlAlA.fJ /if, ~()o9 SUBJECT: City Council Meeting Minutes for meeting of ,fa t1lA.~r J /41 ;;"'001 ATTACHMENTS: Meeting Minutes for JanU4.r1 It/I :)..1>0<( FISOAL IMPACTS (Include Budgeted Amount): N/A APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COlJNCIL PRESIDENT: N/A b~j;;;/:'~Hd!1 CONSENT AGENDA &:J GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COU~CIL ACTION: 0 Approve 0 Deny 0 Table D Continue D No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, January 14, 2009 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6\h Street, Bremerton, Washington, Wednesday, January 14, 2009, at 5:00 PM, with Council President Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Council Assistant Christine Grenier was present to provide staff support. President McConnell announced that the Study Session was open to the public, but there would be no opportunities for input or participation; that no action will be taken, and the content of these items is subject to change; and that the Executive Session to be held later in the meeting, would be closed to the public, but no action would be taken. A. FULL DISCUSSION ITEMS 1. Proposed changes to Risk Management - City Attorney Roger Lubovich Information only... This item will be heard again during the Study Session on January 28 and at the Council Meeting on February 4. 2. President McConnell recessed the meeting for a 20-Minute EXECUTIVE SESSION to discuss "Real Estate Acquisition" per RCW 42.30.110 (1 )(b). The Executive Session was extended for an additional 20-minutes. Council Members then continued with the Study Session. . . B. NO DISCUSSION ITEMS 1. Lease Agreement with Bremerton Community Theatre, Inc. - Roger Lubovich, City Attorney; and Brad Gehring, Public Safety & Parks Committee Chair Consent 2. Amendment NO.5 to Contract with Kitsap Humane Society - Carol Etgen, City Clerk; and Nick Wofford, Finance Committee Chair Consent 3. Proposed Resolution to declare an emergency to amend the Comprehensive Plan outside of the annual process (for H~e West Park Sub-Area Plan, now called "Bay Vista") - Andrea Spencer, Director of Community Development; and Dianne Robinson, Planning Committee Chair Consent 4. Proposed Ordinance approving a rezone of 1.4 acres located at 5005 Arsenal Way - Lindsey Sehmel, Community Development; and Dianne Robinson, Planning Committee Chair Closed Record Hearing 5. Amendment to Kitsap Family YMCA Concession Agreement - Wyn Birkenthal, P()rks & Recreation Director; Jeff Elevado, Aquatic & Recreation Manager; and Brad Gehring, Public Safety & Parks Committee Chair Consent 6. Reimbursement Agreement between the Kitsap Family YMCA and Jarstad Aquatic Center - Wyn Birkentha'i, Director of Parks & Recreation; and Brad Gehring, Public Safety & Parks Committee Chair Consent 7. Collective Bargaining Agreement between the City of Bremerton and the International Association of Fire Fighters (IAFF), Local No. 437 - Carol Conley, Human Resources Manager; and Nick Wofford, Finance Committee Chair Consent City Council Reg. Mtg. Minutes Wednesday, January 14, 2009 Page 2 of 2 A. FULL DISCUSSION ITEMS (Continued...) 3. Proposed Ordinance creating a new chapter in the Bremerton Municipal Code (BMC) entitled 'Transportation Benefit District"; and creating the Bremerton Transportation Benefit District - Phil Williams, Public Works & Utilities Director; and Cecil McConnell, Public Works Committee Chair There will be an Open House on February 2 to provide more information for the public; and this item will be heard at the Council Meeting scheduled for February 4. C. GENERAL COUNCIL BUSINESS President McConnell provided information to the Council regarding upcoming events and announced that a Council Work Session will be held on Saturday, February 7 from 9:00 AM to 1 :00 PM in the Council Conference Room. President McConnell adjourned the Study Session at 7: 1 0 PM. Prepared and Submitted by: ~...~ i ~.. -10-= CHRISTINE GRE IER - Council Assistant Attest: CAROL ETGEN, City Clerk CECIL McCONNELL, City Council President CM:CE:/s:cg DATE SUBMITTED: December 17,2008 BILL # OCf-OD7 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51> ........................................................................................ SUBJECT: Lease Agreement with Community Theatre, Inc. Committee Meeting Date: January 14,2009 COUNCIL MEETING Date: January 21,2009 Department: City Attomey's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The Bremerton Community Theatre, Inc. (BCT) leases the building at 599 Lebo Boulevard. The current lease expires December 31, 2012, however BCT is proposing an addition to the building and desires to renegotiate the terms of the lease prior to constructing the improvement. The proposed lease is for twenty years and will expire on December 31, 2028 unless otherwise extended by mutual agreement. ATTACHMENTS: Proposed lease - FISCAL IMPACTS (Include Budgeted Amount): There is no direct fiscal impact for this lease. In exchange for the use of the building, the BCT will construct the addition, maintain and repair the building and improvements, provide janitorial service, insurance and pay all utilities associated with its use. The City also will receive use of the premises in accordance with the terms of the lease. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the lease agreement with the Bremerton Community Theatre for the building and improvements located at 599 Lebo Boulevard and authorize the Mayor to finalize and execute the lease with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action LEASE This Lease is entered into this ______ day of___________________, 2009, between THE CITY OF BREiVIERTON, a municipal corporation, (hereinafter referred to as "Lessor"), and COMMUNITY THEATRE, INC.. a non-profit corporation, (hereinafter referred to as "Lessee"). WHEREAS, Lessor as owner of certain building and other improvements identitied herein entered into a ten (10) year lease agreement with Lessee for the same on October 30, 2002 commencing January 1,2003 and expiring on December 31,2012 ("Lease Af,1feement"); and WHEREAS, Lessee desires to construct an addition to the existing building, and WHEREAS, In consideration of the proposed addition to the existing building by Lessee, Lessor has agreed to enter into a new lease ("Lease") with a lease term oftwenty (20) years expiring on December 31, 2028. NOW, THEREFORE, for valuable consideration and by mutual consent of the parties, the Lease Agreement is hereby terminated in it entirety and replaced with a new lease as follows: 1. PREMISES. Lessor hereby leases to Lessee, subject to the reservation of interest in property set forth in Section 2, the following: A building, commonly known as the Bremerton Community Theatre, and adjoining parking lots and any other additions and/or improvements as may be made to the leased premises as authorized by the Lessor (hereinafter "Premises") situate upon a portion of real property owned by Lessor located at 599 Lebo Boulevard, Bremerton, Washington, said portion legally described in Exhibit A and further identified in Exhibit B, both exhibits attached hereto and incorporated by thi~ reference. The existing building consists of approximately 13,000 square feet of tloor area. The proposed addition to the existing building will consist of approximately 1800 square feet of floor area added to the Southwest corner of the existing building, or other amount as approved by city administration, for a total floor area of approximately 14,800 square feet. 2. RESERVATION OF INTEREST IN PROPERTY. From this Premises, Lessor reserves unto itself all other rights to the real property as legally described, including, but not limited to, access for maintenance and repair of transportation facilities including the Warren Avenue Bridge, access for maintenance and repair of utilities including a pump station situated at the Northwest corner of the theater building and related appurtenances, and a portion of the real C011l1ll1l1l;ty Theatre propeliy along the North side of the property adjacent to or near the right-or-way on Lebo Boulevard as needed for the development and use of a pedestrian path or walkway as part of its proposed bridge to bridge trail should such a trail system be developed. The exact location and size of the area f(w such use shall be at the discretion of the City. 3. TERM. This Lease shall commence on the date fully executed ("Commencement Date") and shall end on December 31, 2028, unless otherwise extended by mutual a!,'reement of the patiies or terminated as provided herein. Lessee may terminate this lease at any time with ninety (90) days prior written notice. 4. CONSIDERATION. In addition to other consideration ofthis Lease, including construction of the proposed addition to the existing building, maintenance and repairs of the building and other improvements as set forth in Section 8, janitorial service, insurance, utilities and associated stOlID water costs for the Premises, Lessee a!,Yfees to make the facility available to the Lessor at no cost on a non-interference basis for its use. Use of the Premises by Lessor and Lessee shall be as set forth in Section 5. 5. USE OF PREMISES. Lessee's use and occupancy ofthe Premises shall be for meetings, staging, rehearsal and theatrical or artistic performances, as well as use of the Premises needed to conduct the Lessee's corporate activities. No other use shall be allowed without the express written consent of the Lessor. Lessee shall have priority use of the Premises needed for these purposes. The Parks and Recreation Director or designee shall participate with the Lessee in coordinating scheduling of Lessor's use of the Premises including Parks and Recreation Department programming or other community use authorized by the Lessor. Unscheduled times shall be available for either the Lessee or the Parks Department use upon notice to the other party. Lessee shall not use said Premises or any part thereof for any illegal purpose. Lessee agrees to conform to municipal, county, and state codes, statutes, ordinances, and regulations concerning the use and occupation of said Premises. Lessee shall maintain the Premises in substantial conformance with all applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations governing maintenance or operation of such Premises. Lessee shall, at its sole cost, promptly comply with all such laws and governmental rules. Lessee shall not commit or allow to be committed any waste in or upon the Premises. 6. UTILITIES. Lessee agrees to provide and pay all charges for heat, electricity, gas, water, sewer and for all other utilities used in the Premises during the full term of this Lease; provided. hmvever, that Lessee shall not be responsible for failure of provision of these services if due to causes beyond its control and provided. fitrther, that Lessor shall pay for any such charges as Lessor, in its reasonable discretion, may determine are the consequence of special equipment employed by or special requirements of Lessor resulting from its use of the Premises. 2 Community Theatre 7. ALTERATIONS AND ADDITIONS. Lessee shall not make or allow to be made any additions, improvements, alterations, or changes to or of the Premises or any part thereof without the prior written consent of Lessor, and all additions, improvements, alterations. or changes so made. including the proposed addition to the bllilding idelltt/ied in Section J. shall become a part qj'the lease Premises and shall belong {() Lessor upon completion (~f'developf/1ent and issuance (~la certt/icate qloccupanc}', ./inal impeclion or similar approval. With respect to such additions, alterations, improvements or changes to the Premises requested by Lessee, L~ssor's consent shall not be unreasonably withheld, In the event Lessor consents to the making of any additions, improvements alterations, or changes to the Premises by Lessee, the same shall be made by Lessee at Lessee's sole cost and expense, the Premises and Lessee's leasehold interest therein shall remain free from any lien of any kind whatsoever, and construction of such additions, alterations, improvements or changes shall be done in compliance with all laws and governmental requirements. 8. MAINTENANCE AND REPAIRS. Premises have been inspected and are accepted by Lessee ir their present condition, and Lessee will at all times keep Premises neat, clean and in a sanitary condition. Lessee agrees to furnish competent janitorial service for Premises. Lessee shall maintain, at its sole expense, the building and other improvements, including the roof, foundations, exterior walls, structural members, gutters, downspouts, concealed and underbJfound plumbing and concealed and underground utilities of the Premises in good condition and repair. Lessee agrees that at the expiration or sooner termination of this Lease, Lessee will quit and surrender the Premises to Lessor in a clean and good condition, excepting only ordinary wear and tear, and will deliver all keys belonging to Premises to Lessor or Lessor's agent. Damage caused by Lessee's use of the Premises shall be repaired at the sole cost and expense of Lessee. 9. LIENS. Lessee shall keep the Premises and Lessee's leasehold interest free from any liens arising out of any work perfonned, materials furnished, or obligations incurred by Lessee. 10. INDEMNIFICA TION. Lessee shall indemnify, defend and hold Lessor harmless from all loss damage, liability or expense resulting from any injury to any person or any \ loss of or damage to any property caused by or resulting from any act or omission of Lessee or any officer, agent, employee, guest, invitee or visitor of Lessee in or about the Premises including the building, but the foregoing provision shall not be construed to make Lessee responsible for injuries to third parties caused by the negligence of Lessor or any otli'cer, agent, employee, guest, invitee or visitor of Lessor. Lessor shall not be liable for any loss or damage to person or property sustained by Lessee, or other persons, which may be caused by theft or any act of neglect of any Lessee or occupant of the Premises including the building, or of any other person, 3 Community Theatre or by any other cause, unless caused by the negligence of Lessor or its (ftlicers, licensees, agents, employees, guests, invitees or visitors. It. LIABILITY INSURANCE; HAZARD INSURANCE. (a) Liability Insurance. Lessee, at its own expense, shall provide and keep in force with companies acceptable to Lessor comprehensive general liability insurance in the amount of not less than Two Million Dollars ($2,000,000.00) per occurrence for bodily injury and property damage. Lessee shall furnish Lessor with a certiticate of such policy within thirty (30) days of the Commencement Date of this Lease and whenever required shall satisfy Lessor that such policy is in full torce and effect. Such policy shall name Lessor as an additional insured and shall be primary and noncontributing with any insurance carried by Lessor. The policy shall further provide that it shall not be canceled or altered without twenty (20) days prior written notice to Lessor. (b) Hazard Insurance. Throughout the tenn of this Lease, Lessor shall procure and maintain tire, hazard and extended coverage insurance on the Improvements. Should the property become uninhabitable due to loss or become uninhabitable tor any other reason the Lessor shall have the option of terminating this lease. 12. PERSONAL PROPERTY. Where furnished by or at the expense of Lessee, all movable property, furniture, furnishings and trade tixtures, other than those affixed to the Premises so that they cannot be removed without material damage, shall remain the property of and be removable by Lessee, and in case of damage by reason of such removal, Lessee shall restore the Premises, including the building and other improvements to good order and condition. Lessee shall payor cause to be paid betore delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Lessee's Lessee Improvements, equipment, furniture, , fixtures, and other personal property located in the Premises 13. ENTRY BY LESSOR. At any and all reasonable times during regular business hours, upon one (1) day's prior notice to Lessee, Lessor reserves and shall have the right to enter the Premises to inspect the same a reasonable number of times, to submit the Premises to prospective purchasers or Lessees, to repair the Premises and any portion of the building that Lessor may deem necessary or desirable and may for the purpose erect scaHolding and other necessary structures where reasonably required by the character of the work to be pertonned, always providing that the entrance to the Premises shall not be blocked thereby and further providing that the business of Lessee shall not be interfered with unreasonably. Lessee hereby waives any claim for damages or t<x any injury or inconvenience to or interference with Lessee's business or any loss of occupancy or quiet enjoyment of the Premises, and any other loss occasioned thereby, if Lessor shall have taken every reasonable measure to avoid any such injury, inconvenience or interference. Lessor shall have the right to use any and all means which Lessor 4 COIllIIllIlli(v Theatre muy deem proper to open any doors or otherwise obtain access to the Premises in an emergency, without liability to Lessee except for any failure to exercise due care for Lessee's property, and any entry to the Premises obtained by Lessor by any of said means or othenvise shall not under any circumstances be construed or deemed to be a forcible or unlawful entry into or a detainer of the Premises or an eviction of Lessee from the Premises or any portion thereof. 14. ASSIGNMENT AND SUBLETTING. Lessee shull not either voluntarily or by operation of law assign, transfer, mortgage, pledge hypothecate, or encumber this Lease or any interest therein and shall not sublet the Premises or any part thereof or any right or privilege appulienants thereto or allow any person (the employees, agents, servants, and invitees of Lessee excepted) to occupy or use the Premises or any portion thereof, without the prior written consent of Lessor, whieh consent by Lessor shall not be unreasonably withheld. Any such assignment or subletting without compliance with the tenns of this paragraph shall be void and shall, at the option of Lessor, constitute a default under the terms of this Lease. If Lessee is a corporation, any transfer of this Lease trom Lessee by merger, consolidation, or liquidation or any change in the ownership or power to vote in the majority of the outstanding voting stock of Lessee shall constitute an assignment for purposes of this paragraph. Consent to one assignment, subletting, occupation, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. Consent to any such assignment or subletting shall in no way relieve Lessee of any liability under this Lease. 15. LESSEE'S DEFAULT. The occurrence of anyone or more of the following events shall constitute a default and breach of this Lease by Lessee. (a) Abandonment. Lessee vacates or abandons the Premises or ceases to use the Premises for the purposes set forth in Section 5 for a period of one year or more; (b) ~ Failure to Observe Other Covenants. Lessee fails to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or perfonned by Lessee where such failure shall continue for a period of thirty (30) days after written notice thereof by Lessor to Lessee; provided, however, that if the nature of Lessee's default is such that more than thirty (30) days are reasonably required for such cure, then Lessee shall not be deemed to be in default if Lessee commences such cure within said thirty (30) days and thereafter, diligently prosecutes such cure to completion; (c) Misrepresentation. Lessee makes or has made or furnishes or has furnished any wan"anty, representation or statement to Lessor in connection with this Lease, or any other agreement to which Lessee and Lessor are patiies, which is or was false or misleading in any material respect \vhen made or furnished; or (d) Insolvency. Lessee shall become insolvent or go into bankruptcy. 5 Community Theatre 16. REMEDIES ON DEFAULT. (a) Termination and Re-entry. In the event of any default or breach by Lessee, Lessor may, at any time thereatler with or without notice, temlinate this Lease by written notice to Lessee and the Lessor shall have the right to enter upon the Premises and re-take possession thereof. (b) Removal of Personal Property. In the event of a retaking of possession of the Premises by Lessor, Lessee shall remove all personal property located thereon and upon \ failure to do so upon demand of Lessor, Lessor may remove and store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of Lessee. If Lessee shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Lessor may sell any or all of such property at a public 9r private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Lessee to Lessor under the tenns of this Lease, and the balance, if any, to Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully reentering and taking possession of the Premises or lawfully removing and storing the property of Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by Lessor thereby, whether such lawful reentry shall be considered or construed to be a forcible entry. (c) Remedies Cumulative. The remedies hereinafter described shall be cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to Lessor under the law or judicial decisions of the State of Washington. 17. LESSOR'S DEFAULT. Lessor fails to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Lessor, where such failure shall continue for a period of thirty (30) days after written notice thereof by Lessee to Lessor; provided, however, that if the nature of Lessor's default is such that more than thirty (30) days are reasonably required for such cure, then Lessor shall not be deemed to be in default if Lessor commences such cure within said thirty (30) days and thereafter, diligently prosecutes such cure to completion. In the event Lessor fails to cure such default, Lessee may, at. any time thereafter, tenninate this Lease by written notice to Lessor. Lessee may also seek any other remedy provided by law. 6 COllllllunity Theatre 18. DAMAGE AND RECONSTRUCTION. Should the Premises be damaged during the term of this Lease, Lessee shall immediately notify Lessor. In the event the Premises arc damaged as the result of fire or other perils, whether or not covered by fire and extendcd coverage insurance, then Lessor shall have the option (a) to repair or restore such damage, this Lease continuing in full force and effect, or (b) to give notice to Lessee at any time after such damage, terminating this Lease as of the date specified by Lessor. 19. EMINENT DOMAIN. If the whole of the Premises (or the whole or part of the building or improvements) shall be acquired or condemned by eminent domain for any public or quasi-public use, or if a part of the Premises is so taken so that the Premises are rendered unsuitable for the business of Lessee, then the tern1 of this Lease shall tenninate as of the date title or possession shall be transfeITed in such proceeding, whichever shall occur first. In the event of a partial taking or condemnation which is not extensive enough to render the Premises unsuitable for the business of Lessee, then Lessor shall restore the Premises to a condition comparable to its condition immediately prior to such taking less the portion lost in the taking, and this Lease shall continue in full force and effect. Lessor shall have the right to receive the compensation of damages awarded upon either such total or partial taking and Lessee shall have no claim thereto; provided that Lessee may independently pursue an award or compensation to Lessee for the taking of Lessee's personal property or fixtures or for the interruption of or damage to Lessee's business and for any other interest of Lessee. 20. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store, deposit, transport, or dispose of (collecti vely "Release") any hazardous substances, sewage, petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease- producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and local laws and regulations ("Hazardous Substances") in, on or about the Premises. Lessee shall indemnify, defend and hold Lessor hannless from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to the Release by Lessee, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances in, on or about the Premises OCCUlTing at any time after the Commencement Date and arising out of the activities of Lessee, or any of its agents, representatives or employees. The provisions of this paragraph shall survive termination or expiration of this Lease. 21. GENERAL PROVISIONS. Lessor and Lessee agree to the following general proVISions: (a) Waiver. No waiver of default by either party of any of the terms, covenants and conditions hereof to be performcd, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent def~lLllt of any of the terms, covenants and 7 COl1lllllllli(V Theatre conditions herein contained, to be pert~mned, kept and observed by the other party. (b) Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a hlctOr. (c) Paragraph Headings. The paragraph or section headings of this Lcase are not a pati of this Lease and shall have no effect upon the construction or interpretation of any part hereof. (d) Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to bind the heirs, successors, executors, administrators, and assigns of the parties hereto. (e) Recordation. Neither Lessor nor Lessee shall record this Lease, but a short form memorandum hereof may be recorded at the request of Lessor. (t) Quiet Possession. Upon Lessee performing all of the covenants, conditions, and provisions on Lessee's part to be observed and performed hereunder, Lessee shall have quiet possession ofthe Premises for the entire tenn hereof~ subject to all the provisions of this Lease. The Premises are leased subject to any and all existing encumbrances, conditions, rights, covenants, easements, restrictions, rights-of-way, and any matters of record, applicable zoning and building laws, and such matters as may be disclosed by inspection or survey. (g) Prior Agreements. This Lease contains all of the a!:,Tfeements of the parties hereto with respect to any matter covered or mentioned in this Lease and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. No provision ofthis Lease may be amended or added to except by agreement in writing signed by the parties hereto or their respective successors in interest. This Lease shall not be effective or binding upon any party until fully executed by both parties hereto. By execution of this lease. the prior lease entered into between Lessor and Lessee for the Premises on June 20. 2001 is hereby terminated. (h) [nability to Perform. The time period within which any party is to fulfill an obligation of such the party under this Lease shall be extended by such time period that any party is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of such pmiy. (i) Severahility. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way afTed, impair. or invalidate any other provision hereof and such other provision shall remain in full force and effect. 8 C()11l11l1lIli~Jl Theatre m Cumulative Remedies. No n:ml:dy or election hereunder shall be deemed exclusive hut shall whenever possible be cumulutive with all other remedies at law or in equity. (k) Choice of Law. This Lease shall be construed under all of the applicable laws, statutes, ordinances, rules and regulations of the United States, the State of Washington, County of Kitsap, and the City of Bremerton. In the case of a dispute between the paIiies, venue over sueh dispute shall be with the Superior COUli of Kitsap County, Washington. (I) Execution. This Lease may be executed in several counterparts, each of which shall be deemed an original instrument. (m) Notices. All notices to be given hereunder shall be in writing and shall be personally delivered and receipt acknowledged, sent by United States certitied mail, return receipt requested, sent by facsimile, with original delivered within three (3) days, or sent by overnight delivery through public or private service, delivery charge prepaid, and addressed to the party at the respective mailing address as herein set forth. To Lessor: Director of Parks and Recreation City of Bremerton 345 6th Street, Suite 600 Bremerton, W A 98337 To Lessee: President Community Theatre, Inc. 599 Lebo Boulevard Bremerton, W A 98310 It is understood that each party may change the address to which notice may be sent by giving a written notice of such change to the other party hereto in the manner herein provided. (n) Lessee's Corporate Authority. Lessee is a Washington corporation, and each individual executing this Lease on behalf of said corporation represents and WaITants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with a duly adopted resolution of the board of directors of said corporation or in accordance with the bylaws of said corporation, and that this Lease is binding upon said corporation in accordance with its tenns. Lessee further represents and warrants that it is fully registered and qualiti~d to do business in the State of Washington. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year 9 COllllllunity Theatre first above written. LESSOR CITY OF BREMERTON LESSEE COMMUNITY THEATRE, INC. By: Cary Bozeman Its: Mayor By: Its: Notaries on Next Page Remainder of This Page Intentional(v Blank 10 CO/1l/1lUlli(v Theatre STATE OF \V ASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Carl' Bozeman is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. DA TED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / . STATE OF WASHINGTON) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of Community Theatre, Inc. to be the free and voluntary act of such Corporation for the uses and purposes mentioned in the instrument. DATED: NOT ARY PUBLIC in and for the State of Washington, residing at My commission expires / / R:,.Legal' Legal\Fiks\Current Active Fiks\Col11lllunity Theater Inc'Col11l11l1llity Theatre Lease.Joc II COllllllullity Theatre EXHIBIT A LC2al Description for Community Theatre Lease A portion of Government Lot 5, Section II, Township 24 North, Range I East, Willamctte Meridan, situate in Kitsap County, Washington being more particularly described as follows: Beginning at the northwest corner of Lot 109, plat of First Addition to Sheridan Park as recorded in Volume 8 of the book of plats, Pages 23, 24 and 25, records of Kitsap County, Washington, also being a point on the southerly right of way of Lebo Boulevard; thence along said southerly right of way S 79049' 44" E 126.05 to a curve to the right the center of which bears S 100 I 0' 16" W 1000.46 an arc distance of 50.07 feet to the True Point of Beginning; thence continuing along said arc and southerly right of way an arc distance of 140.62 feet; thence continuing along said southerly right of way S 68053' 50" E 161.4 feet more or less to the drip line from the Warren A venue Bridge; thence along said drip line S 13008'45" W 201.99 feet; thence N 68048'30" W 302.98 feet; thence N 13008' 45" E 191.78 feet to the Tme Point of Beginning. Consisting of 60,092 square feet. 12 Community Theatre EXHIBIT B MAP OF PROPERTY 13 C()l11l1ltl1li~v Theatre Print Parcel Search Map Kitsap County Parcel Search . kJ:&O''''V .. "'u D' I-. o 4:- :if.' "~ " il !' ,it . 4> W ;). . .,;e, ~' '''iIi' ':,f W .ff '$ .$ ~, .~ ~. iff .~ ~ DISCLAIMER: This map is intended for display purposes only and is not intended for any legal representations. SHERIDAN PARK 1124 D1-4-001-2005 Co ri ht @ 20D8 Kitsa [Click here to Print] http://kcwppub3.co.kitsap.wa.us/Parce1Search/PRINT .ASP?CMD= INIT &PID= 1134592 Page 1 of 1 Legend f>.,r~lll Road NamelO Military 12/12/2008 DATE SUBMITTED: January 7, 2009 BILL # 0'1- ooB AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5E ...........................................................................................1 SUBJECT: Amendment to Contract with Humane Society Committee Meeting Date: January 14, 2009 COUNCIL MEETING Date: January 21,2009 Department: Financial Services Presenter: Carol Etgen, City Clerk Phone: 360-473-5323 SUMMARY: The current animal control contract with the Kitsap Humane Society provides for annual review of scope of services and compensation. The 2009 proposal only includes an increase of up to four percent (4%) if licensing revenues are increased in 2009. The increase will be based on additional licensing revenues collected and will not exceed four percent (4%) or $8,182. The Humane Society staffhas indicated they feel they can raise revenues in licensing in 2009. ATTACHMENTS: Original Contract, Amendment No.3, 4 and 5. Humane Society Plan to increase animal licensing and revenues. FISCAL IMPACTS (Include Budgeted Amount): $204,558.00 with an incentive up to $212,740.00 which is fully provided for in the adopted 2009 budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING 0 RECOMMENDED MOTION: Approve Amendment No.5 to the agreement with the Humane Society and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve 0 Deny D Table o Continue 0 No Action CONTRACT MODIFICATION AGREEMENT NO.5 BETWEEN THE CITY OF BREMERTON AND KITSAP HUMANE SOCIETY This contract modification agreement specifically amends the Agreement for Animal Control Services entered into between the City of Bremerton and Kitsap Humane Society ("Society") on August 22, 2002 and as modified on January 20, 2004, January 20, 2006, January 29, 2007 and February 4, 2008. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section 4. Compensation, is modified as follows: Incentive Fee: The City shall pay the Society an incentive fee equal to an increase in animal licensing revenues in 2009 over the amount collected in 2008 up to the amount of $8,182. "Animal Licensing Revenue" includes, and is limited to all revenues (cash and credit card) received for animal licenses issued by the Society or the City for animals residing inside the city limits of Bremerton for which funds are turned over to the City of Bremerton. II. Society accepts all requirements of this Contract Modification by endorsing below. Society further agrees that this Contract Modification constitutes full and final settlement of all of the Society's claims for contract time and for all costs of any kind. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year as written below. CONTRACT MODIFICATION NO.5 KITSAP HUMANE SOCIETY By Its Executive Director DATE: APPROVED AS TO FORM: Bremerton City Attorney NOTICES TO BE SENT TO: Executive Director Kitsap Humane Society 9167 Dickey Road Silverdale, WA 98383 (360) 692-9745 CONTRACT MODIFICATION NO.5 THE CITY OF BREMERTON By Cary Bozeman Its Mayor DATE: ATTEST: City Clerk NOTICES TO BE SENT TO: City Clerk City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 (360) 473-5290 phone (360) 473-5200 fax 2 CONTRACT MODIFICATION AGREEMENT NO.4 BETWEEN THE CITY OF BREMERTON AND KIT SAP HUMANE SOCIETY This contract modification agreement specifically amends the Agreement for Animal Control Services entered into between the City of Bremerton and Kitsap Humane Society ("Society") on August 22,2002 and as modified on January 20, 2004, January 20, 2006 and January 29, 2007. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section 4. Compensation, is modified as follows: Compensation. The City shall pay the Society for its services the sum of Two Hundred Four Thousand Five Hundred and Fifty Eight Dollars and No Cents ($204,558.00) on an annualized basis or Seventeen Thousand Forty Six Dollars and Fifty Cents ($17,046.50) per month. Additionally, the City will pay fuel costs that exceed $3.50 per gallon in an amount not to exceed Two Thousand Dollars ($2,000.00) for 2008. The City shall pay the Society for costs of impoundment of animals exceeding 30 days due to the Bremerton Municipal Court requiring the retention of evidence (animals). Such Boarding costs for impoundment beyond 30 days shall be limited to: . Small Animals - $16.29 per day, or $114 per week . Larger Animals (Livestock) - $21. 72 per day, or $152.04 per week In the event the Society finds it necessary to board the animals at other shelters for Court ordered impoundment beyond 30 days the City -shall pay the Society for additional expenditures for veterinarian costs including medicine and lab work which will be billed separately at the Society's costs. The Society shall notify the City on the 25th day if it appears Court ordered impounded animals will be sheltered for over 30 days. ll. Society accepts all requirements of this Contract Modification by endorsing below. Society further agrees that this Contract Modification constitutes full and final settlement of all of the Society's claims for contract time and for all costs of any kind. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shan be effective when approved by the City of Bremer ton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. CONTRACT MODIFICATION NO.4 1 IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year as written below. ~. HUMANE SOCIETY By J~~,,"?;::t~ Its Executive DIrector DATE: 8.9 J;4JJ 2CJCJ? APPROVED AS TO FORM: B1lii::! NOTICES TO BE SENT TO: Executive Director Kitsap Humane Society 9167 Dickey Road Silverdale, W A 98383 (360) 692-9745 CONTRACT MODIFICATION NO.4 DATE: ,f!.,/J-A__u/21 0" ~ d,Ooi' ATTEST: ~1!1d, f%;~ City Clerk NOTICES TO BE SENT TO: City Clerk City ofBremerton 345 6th Street, Suite 600 Bremerton,VVA 98337 (360) 473-5290 phone (360) 473-5200 fax 2 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4295 KITSAP HUMANE SOCIETY Animal Control City Clerk SVC File Class LEG 12-1 $3000000.00 07/01/2006 Changes to Scope/Compensation w/Notice 8/1 any year Modification #1-1/04 #2-1/06 #3-1/07 $198600.00 10/01/2002 08/01/2007 GL AL E&O $2000000.00 $1000000.00 $ Insurance Total Insurance Review Date CONTRACT MODIFICATION AGREEMENT NO.3 BET".1]:EN THE CITY OF BREMERTON AND KIT SAP HUMA.J.~E SOCIETY This contract modification agreement specifically amends the Agreement for Animal Control Services entered into between the City of Bremerton and Kitsap Humane Society ("Society") on August 22,2002 and as modified on January 20, 2004 and January 20, 2006. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section 4. Compensation, is modified as follows: 4. Compensation. The City shall pay the Society for its services the sum of One Hundr~d Nincly Tvy'o ThoUSB:fld Eight Hundred Sixteen Dolla:rs and No Cents ($192,816.00) One Hundred Ninety-Eight Thousand Six Hundred Dollars and No Cents ($198,600.00) on an annualized basis SiJ~tcen Thousand Sixty Eight Dollars frl1:d No Cents ($16,068) or Sixteen Thousand Five Hundred Fifty Dollars and No Cents ($16.550.00) per month. Additionally, the City will pay fuel costs that exceed $3.50 per gallon in an amount not to exceed Two Thousand Dollars ($2,000.00) for 20061. II. Society accepts all requirements of this Contract Modification by endorsiiig below. Society further agrees that this Contract Modification constitutes full and fmal settlement of all of the Society's claims for contract time and for all costs of any kind. This document will become a supplement of the contract and all provisions. will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year as writlen below. a HUMANE SOCIETY BY-~~'F:~ Its Executive Director --; .T~B By Cary Bozeman Its Mayor ON DATE: 2. 9 TAAJ (:)7 DATE: 1/~jn7 CONTRACT MODIFICATION NO. 3 APPROVED AS TO FORM: Br=k! NOTICES TO BE SENT TO: Executive Director Kitsap Humane Society 9167 Dickey Road Silverdale, WA 98383 (360) 692-9745 CONTRACT MODIFICATION NO.3 ATTEST: NOTICES TO BE SENT TO: City Clerk City ofBremerton 345 6th Street, Suite 600 Br~erton,WA 98337 (360) 473-5290 phone (360) 473-5200 fax 2 +--------------------------------------------------------------------------+ =l=Enter Search Criteria, Press Esc Key to Transmit . =1= =l=Press Del Key to Terminate Delete Mode t =1= CHANGE Contract Transactions t Contract Number 4295 =l=Vendor Name KITSAP HUMANE SOCIETY t =l=Subject ANIMAL CONTROL =1= +Department ADMIN SVCS =1= =l=Status Code SVC =1= =1= Amount $183634.00 =1= =1= Begin Date 10101/2002 =1= =1= Insurance End Date =1= =1= Type Amount Review Date 08/01/2006 =1= =1= GL $2000000.00 =1= t AL $1000000.00 =1= =1==1= Insurance Total $3000000.00 t Insurance Review Date 07/01/2006 + =1= ++ =1= Comments CHANGES TO SCOPE/COMPENSATION W/NOTICE 8i1 ANY YEAR =1= MOD #1-1/04 #2/-1/06 =1= =1= =1= +--------------------------------------------------------------------------+ CONTRACT MODIFICATION AGREEMENT NO.2 , BETWEEN Tm: CITY OF BRE~RTON AND . KITSAP:iruMANE SOCIETY ' This contract modification agreement spe~ifically amends' the' 'Agreement, for Anima,l Control Services entered into betlvee~ th~ Ci'ty of Brenierton' and Kitsap Humane Soc.iety ("Society.") on AUgust 22,2003 and as modified on January 20,2004. . .All provisions in'the COlitract shall rem,ain in full force and effect except as expressly modified by thj~ document.', . For valuable consideration and. by mutual consent of the parties, the modifications to the Contract are as follows: . . I. Section 4. Compensati~n, is modified as follows: 4. Compensation., The <::;ity shall pay the Society for 'its ,~ervices the sum of One Hundred Ninety. Two Tho~and Eight Hundred Sixteen Dollars and Np Cents ($192;816.00) on an annualized basis or Sixteen'Thousand Sixty .Eight DoUars imd No Cents ($16,068) per month. Addition~l~y, the City wi1:l,pay fu~l costs that exceed $3.50 per gallon in an amount not to exceed T:wo Thousand Dollars ($2,000.00) for 2006. II. Society accepts all requirements of tbis Contract Modification by endorsing below. Society further ~grees that this Co'Iitract Modification constitutes full and final settlement of all of the Society's claims for contract time and for all costs of any kii1d. ' This document will become a'supplement of the contract and all provisions will apply' hereto. It is under~tood that this Contract Modification shall be effective. when approved by tbe City of Bremerton. . , , The parties whose names a,ppear below warrant that they are authorized to enter into a contract modification that'is binding on the parties-of this contract. IN WITNESS WIiEREOF, the parties have executed' this Contract Modification on the day and year as written below. . i B It~\. Ex DATE: /- t,. - (, ~ . DATE: 1- J..c>;'" t9" CONTRACT MODIFICA nON NO, 2 1 NOTICES TO BE SENT TO: Suzanne Low Executive Director Kitsap Humane Society 9167 Dickey Road . Silverdale, W A' 98383 (360) 692-9745 ATTEST: NOTICES' TO BE SENT TO: Paula Johnston City Clerk City of Bremerton . 345 6th Street, Suite 600 Bremerton,WA 98337 (360) 473-5290 phone (360) 473-5200 fax R:\LEGAL\Contracts\ADMIN\Animal Control Contract Modification No. 2.doc CONTRACT MODIFICA nON NO.2 2 +--------------------------------------------------------------------------+ ' +Enter Search Criteria, Press Esc Key to Transmit + !press Del Key to Terminate Delete Mode 1= CHANGE Contract Transactions 1= Contract Number 4295 ,. !Vendor Name KITSAP HUMANE SOCIETY t +subject ANIMAL CONTROL + Department ADMIN SVCS i Status Code SVC Amount $183634.00 Begin Date 10/01/2002 Insurance End Date + Type Amount Review Date 08/01/2005 + t GL $2000000.00 t + AL $1000000.00 T 1= + 1= Insurance Total $3000000.00 t,. 1= Insurance Review Date 07/01/2005 T t Comments CHANGES TO SCOPE/COMPENSATION W/NOTICE 8/1 ANY YEAR t MOD #1-1/04 + 1= +--------------------------------------------------------------------------+ CONTRACT MODIFICATION AGREEMENT NO.1 BETWEEN THE CITY OF BREMERTON AND KIT SAP HUMANE SOCIETY THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS mE AGREEMENT FOR ANIMAL CONTROL SERVICES (the "Contract") entered into between the City of Bremerton and Kitsap Humane Society ("Society") on August 22,2003. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section 4. Compensation, is modified to read as follows: 4. Compensation. The City shall pay the Society for its services the sum of One Hundred Eighty-one Thousand Six Hundred Thirty-four and Noll 00 ($183,634.00) on an annualized basis or $15,302.83 per month. II. Exhibit A. Scope of Sen'ices (dated April!, 2002), Section 1 is modified as follows: 1. 24/7 services. The Society shall act as the Animal Control and Impounding authority for the City, and shall provide impound services and facilities for all animals for which impounding is authorized. Kitsap Animal Contro~ located at 9167 Dickey Road NW, Silverdale, Washington 98383, shall provide full service from 8:00 am. - 5:00 p.m. six (6) days a week, Monday through Saturday, excluding holidays. Animal Control is also available via 911 at CENCOM. Emergency services provided 24 hours a Day, 7 days a week and holidays are as follows: a. Pickup of injured/sick stray domesticated animals. b. Pickup of livestock at large. c. Animals currently threatening public safety. d. Police and fire department assistance. Scheduled holidays are: New Year's Day Martin Luther King Jr. Day President's Day Easter Sunday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day and the day after (2 days) Christmas Day CONTRACT MODIFICATION Project Number: TII. Society accepts all requirements of this Contract Modification by endorsing below. Society further agrees that this Contract Modification constitutes full and final settlement of all of the Society's claims for contract time and for aU costs of any kind. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that tbey are authorized to enter into a contract modification that is binding on the parties olthis contract. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. ~~ By .. ~~ Its E)(~CLLht/f? J)t'f'ec...~r C;~; By Cary ozeman Its ~a)'or ~ DATE: j-/r9 ~ 0 f APPROVED AS TO FORM: ~~ Bremerton City Attorney DATE: /-';0 - 0 'f NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Suzanne Low Executive Director Kitsap Humane Society 9167 Dickey Road Silverdale, WA 98383 (360) 692-9745 Paula Johnston Deputy City Clerk City ofBremerton 2394th Street Bremerton, W A 98337 (360) 473-5290 Phone (360) 473-5200 Fax R:ILEGAL\ConlIKls\AOMlNlAnimsl Conll'DI Contn<l Modification 12-1 7.03.doc CONTRACT MODIFICATION Project Number: 2 +--------------------------------------------------------------------------+ +Browse; Next Previous First Last Update Delete Restart X - Exit + +Retrieve the Next record + +Found: 10 Record(s) MAINTAIN Contract Transactions + + Contract Number 4295 + + +Vendor Name +Subject +Department +Status Code + + + + + + + + + + + + + Comments KITSAP HUMANE SOCIETY ANIMAL CONTROL ADMIN SVCS SVC + + + + + $181634.00 + 10/01/2002 + Insurance Type Amount GL $2000000.00 AL $1000000.00 Amount Begin Date End Date Review Date + 04/01/2003 + + + + $3000000.00 + 07/01/2003 + + Insurance Total Insurance Review Date 4/03 REVIEW & EVALUATION - THEREAFTER CHANGES TO SCOPE COMPENSATION W/WRITTEN NOTICE 8/1 ANY YEAR + + + +--------------------------------------------------------------------------+ AGREEMENT FOR ANIMAL CONTROL SERVICES THIS AGREEMENT is entered into between Kitsap Humane Society ("Society") and City of Bremerton ("City"). WITNESSETH For and in consideration of the mutual promises and agreements hereinafter contained, it is hereby mutually promised, understood and agreed by the parties hereto as follows, to wit: 1. Parties. This Agreement is by and between the City of Bremerton (hereinafter City) and the Kitsap Humane Society (hereinafter Society). 2. Purpose. The purpose of this Agreement is to establish and define the relationship between the parties as it concerns the services to be provided to and by the City of Bremerton and the Society. 3. Term. This Agreement shall be effective as of October 1, 2002 or the effective date of a City Ordinance establishing revised animal control regulations, whichever date is later. If no ordinance is adopted by the City by December 1. 2002, this agreement shall be void and have no force or effect. This agreement shall continue until terminated pursuant to Paragraph 7 of this agreement. During April 2003 both parties will review and evaluate the elements of this contract. 4. Compensation. The City shall pay the Society tor its services the sum of One Hundred Eighty-one Thousand Six Hundred Thirty-four and No/100 ($181,634.00) on an annualized basis or $15 r 136.17 per month. 5. Changes to Compensation and Scope of Services. Unless otherwise agreed, each party may provide written notice to the other party commencing August 1, 2003 and August 1 st of any given year thereafter during the term of this agreement for the purpose of changing the scope of services and/or compensation for such under this agreement. Unless otherwise agreed, these changes shall become effective on January 1st of the following calendar year. Any changes shall be in writing and signed by both parties. 6. Terms of Agreement. 6.1 The Society agrees to perform the services more specifically described in the Scope of Services, dated May 15, 2002, including any addenda thereto as of the effective date of this Agreement, attached hereto as Exhibit A which is incorporated herein by this reference as if fully set forth. 6.2 The City, through the Prosecuting Attorney, shall be responsible for prosecuting criminal cases and for providing assistance, when requested by the Society, for contested hearings, or civil actions as a result of enforcing violations of City Animal Control Services Agreement 6113102 - Page 1 Ordinances or State Statutes relating to animals as defined herein. The Prosecuting Attorney shall provide legal administration of said ordinances and statutes. 6.3 The duties of the Society as set forth herein, shall pertain to all domesticated animals and to certain wild animals. City and other public laws will specify such authority/species. 6.4 The Society during the term of this Agreement, shall function as a non-profit corporation. Provided, that nothing herein contained shall be construed to prevent the Society from collecting fees for the disposition of animals or for other services provided under this agreement. 6.5 The Society shall maintain complete and accurate records of licensing revenues, which may be examined by the City Treasurer or a designated agent. 7. Termination. Either party upon ninety (90) days written notice may terminate this Agreement. In the event of termination, Society shall perform such additional work as is necessary for the orderly transfer of documents and materials to the City and closing of the services rendered. Society shall be compensated for work performed prior to the effective date of termination, plus work required for Closing this Agreement. 8. Commission of Animal Control Officers. For the purpose of the enforcement of City Ordinances and State laws, the Bremerton Police Chief shall commission Animal Control Officers of the Society over the age of twenty-one (21) years. PROVIDED, that such commission be conferred at the direction of the Police Chief and may be revoked at will by him/her. PROVIDED FURTHER, that the City shall furnish such employees with a suitable document of authority. 9. Work Performed at Society's Risk. Society shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Society's own risk, and Society shall be responsible for any loss of or damage to materials, tools] or other articles used or held for use in connection with the work. 10.Workers' Compensation. Society shall maintain workers' compensation insurance and comply with all laws and regulations regarding workers' compensation. 11. Indemnification. The Society shall defend, indemnify and hold the City, its officers. officials. employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages judicially found to be due to the sole negligence of the City. The City's inspection or acceptance of any of the Society's work when completed shall not be grounds to avoid any of these covenants of indemnification. Animal Control Services Agreement 6/13/02 - Page 2 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Society and the City, its officers, officials, employees, agents and volunteers, the Society's liability hereunder shall be only to the extent of the Society's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE SOCIETY'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 12. Insurance. The Society shall procure and maintain for the duration of the Agreement, insurance 1I0f the types and in the amounts described below" against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Society, its agents, representatives, employees, subconsultants or subcontractors. Before beginning work on the project described in this Agreement, the Society shall provide a Certificate of Insurance evidencing: a. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and b. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual and products/completed operationslbroad form property damage. Any payment of deductible or self insured retention shall be the sole responsibility of the Society . The City, its officers, officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Society and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Society's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Animal Control Services Agreement 6/13/02 - Page 3 The City shall be given thirty (30) calendar days prior written notice of any cancellation, suspension or material change in coverage. Proof of coverage shall be provided to the City in the form of a Certificate of Insurance with all the endorsements as evidence of coverage. Approval of required insurance is a condition precedent to the execution of this agreement. The use of any Society subcontractors shall be subject to the same provisions of law, contracting and insurance as then in force and shall further be wholly supervised and administered by the Society without liability by the City. 13. Americans with Disabilities Act. The Society agrees to comply with all provisions of the Americans With Disabilities Act and all regulations interpreting or enforcing such Act. 14. Privileged and Confidential Information. During the term of this Agreement, the City and the Society, to the extent of their right to do so and as required for each to perform its obligations under this Agreement, may exchange proprietary and confidential information. a. Except as specifically authorized by this Agreement, or otherwise approved by the City in writing, all records or other information, documents, and materials furnished by the City to the Society will be used only in connection with work performed under this Agreement. The Society will, .upon completion or termination of this Agreement, transit to the City all records or other information, documents and materials, and copies thereof, furnished by the City to the Society or developed by the Society in the performance of this Agreement. Similarly, the City will return to the Society all of the same type of records and information provided by the Society to the City. b. All proprietary or confidential information, whether received visually, orally, in writing, electronically, or in any other medium, is and shall remain the property of disclosing City or Society for a period of five (5) years or until relieved of that responsibility by the information owner. Venue and Choice of Law Clause. Any action at law,. suit in equity, or other judicial proceedings for the enforcement of this contract or any provision thereof shall be instituted only in the courts of the State of Washington, County of Kitsap. It is mutually understood and agreed that this contract shall be governed by the laws of the State of Washington, both as to interpretation and performance. IN ~;f: WHEREOF, this Agreement is signed by the parties this OI.~J of d ,20~. day Animal Control Services Agreement 6113/02 - Page 4 CITY OF BREMERTON ~,~ L;;~-;1 7rfb~ CARY BOZEMAN, Mayor DEPARTMENTAL APPROVAL ~ ( O,u'Lt KATHLEEN McCL.; SKEY, Director APPROVED AS TO FORM: ..~ M: - ROGER LUBOVICH. City Attorney Animal Control Services Agreement 6/13/02 - Page 5 KITSAP HUMANE SOCIETY " EXHIBIT A Scope of Services May 15, 2002 The following services will be provided by the Society; 1. 24n services. The Society shall act as the Animal Control and Impounding authority for the City, and shall provide impound services and facilities for all animals for which impounding is authorized. Kitsap Animal Control, 9167 Dickey Road NW, Silverdale, Washington 98383, 9:00 a.m. - 6:00 p.m. seven (7) days a week, excluding holidays and 24 hours via an answering service dispatched Duty Officer. Animal Control is also available via 911 at CENCOM. Emergency services provided 6:00 p.m. to 9:00 a.m. 24 hours a day, 7 days a week and holidays are as follows: a. Pickup of injured/sick stray domesticated animals. b. Pickup of livestock at large. c. Animals currently threatening public safety. d. Police and fire department assistance. Scheduled holidays are: New Year's Day Martin Luther King Jr. Day President's Day Easter Sunday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day and the day after (2 days) Christmas Day 2. Impoundment/Rescue. Provided at the Silverdale shelter, via mobile vans and via citizen complaint, BPD/BFD/Officer request or Court order. The Society, while on patrol or by request, shall pick up dogs and/or cats injured or killed on City property. If the owner of any such animal is known, the Society shall request disposition instructions and comply with the same, if reasonable. If the owner of such animal is unknown or unavailable, the Society shall make such disposition of said animal, as it deems necessary or appropriate under the circumstances. The Society, on request, shall assist officers of the Bremerton Police Department in clearing the City streets and roads of livestock or other domesticated animals on said property. PROVIDED, that nothing contained herein shall be construed to place responsibility on the Society for the removal of dead livestock or any other wild animals from City property, nor from other public or private property. The Society shall accept at no charge, dogs, cats and other small pets brought to the shelter by their owners or other person(s). PROVIDED, that animals that have bitten any person within the last ten (10) days so as to have breaks in the skin shall be quarantined. PROVIDED FURTHER, that disposition of said animals Animal Control Services - Exhibit A 5115/02 - Page 1 shall be at the discretion of the Society. Nothing herein contained shall be construed to prevent the Society from charging for euthanasia, quarantine, redemption (kenneling), disposal or disposition where such services are requested of the Society or deemed necessary. The Society shall not be restricted from seeking repayment or restitution from violators of any City, County or State law or regulation for services or goods provided pursuant to this agreement or in the course of enforcement of law or lawful order. a. Dispatch - Provided via a staff Dispatcher with dedicated FM mobile (vans and Officers), CENCOM, network computer and cell phone connections. b. Complaints - Provided via phone, walk-ins, BPD referral or WESTNET action. Responded to by trained Officers either in the field or by phone, or both. c. Investigations - Officers are Academy trained and commissioned Washington Humane Officers. Additional training/schools provide investigative processes, complaint resolution, customer service, animal handling, and court procedures. All case documents are confidential, however, are subject to Public Disclosure laws and are jurisdiction shared upon authorized release. d. Citations - Animal Control Officers are empowered by commissioning and contract to issue misdemeanor and infraction citations. e. Courts - Animal Control Officers are "Officers of the Court" and can provide complaint, witness, investigative and expert testimony. The Society shall provide its Animal Control Officers the necessary courtroom training to present evidence and provide testimony in the prosecution of all infraction violations of any ordinance pertaining to animals as herein defined. 3. Intake. Provided at the Silverdale shelter, a twelve (12) year old, state of the art, full service animal shelter. Intake typically consists of computer registration, microchip and tattoo screening, license and identification tag recording and cross referencing with known stray/lost records. Further, all animals are medically evaluated, temperament tested, vaccinated, wormed or treated as appropriate. Stray animals are posted on the Internet by photo and a narrative description. A "Lost Pet Linen telephone recording is also used. 4. Quarantine. The Society, under the authority and at the direction of the Health Officer of the Bremerton-Kitsap County Health Department, shall, pursuant to the direction of the Health Officer or in accordance with the request of the owner, quarantine all animals that shall have bitten a person so as to have broken the skin. PROVIDED, that the responsibility for the release of such animals from confinement shall be that of the Health Department. It is the responsibility of the Health Officer to monitor animals under confinement. The Society shall cooperate with the Health Officer in the necessary recordkeeping to monitor the keeping of quarantined animals. 5 Kenneling. Live animals are kenneled in temporary holding if under a behavioral or legal restriction, medical isolation if under treatment, and in separate areas for puppies, cats, adult dogs, livestock, birds, reptiles or fish. All animals are fed species specific Animal Control Services. Exhibit A 5/15/02 - Page 2 diets of the most premium food/supplements available. Animals are confined in heated/cooled units. 6. Redemption. "Owned" animals are returned after reasonable proof is secured. 7. Adoptions. a. Temperament testing - Animals are behaviorally tested via breed/species standards set by the American Humane Association, American Kennel Club and others. No dangerous, severely ill, severely crippled or advanced age animals are put up for adoption. b. Spay/Neuter - All dogs and cats are altered surgically prior to adoption. c. Counseling. Adoptors are screened for their ability to care for animals for the long term. Adoptor and breed/species are matched for compatibility. d. Outreach - Some animals are readied for adoption and taken to various stores, malls and other locations for approved on-the-spot placement. 8. Licensing. The Society shall act as an agent of the City Treasurer for the purpose of issuing licenses for pets and collecting the fees therefore, as required by City ordinance. License fee revenue will be forwarded from the Society to the City on a monthly basis. The Society will administer license program including renewals and maintain animal license database for the City. City cashiers will issue animal licenses for walk-in customers. Cashiers will input license data directly in the Society database and issue tags for walk-ins. a. Pets. All dogs and cats are licensed through an annual, staggered licensing system. The City will have unique license tags purchased by the Society. b. Facilities - Kitsap Animal Control inspects and licenses grooming parlors, pet stores, animal welfare (rescue) facilities, breeders and others per ordinance. All licensing revenues, minus service charges, go to the jurisdiction of record. 9. Euthanization. The Humane Society will euthanize an owned animal that is ill, elderly, disabled or dangerous at the request of the public. Animal Control Officers may euthanize in the field for humane reasons under the authority of State law (RCW 16.52). Animals are euthanized by lethal injection and disposed of. All charges for these services are passed on to the owner at cost. 10. Humane Education. Provided by the Kitsap Humane Society through dedicated staff via in-house classes in responsible pet ownership, obedience training and in the schools via staff visits or teacher led curriculum developed for children. A speaker's bureau provides lectures and seminars for community groups. Literature is available for brochure racks, the media and general consumption by the public. 11.Administration. a. Ordinances - The Society shall faithfully enforce all ordinances of the City and/or statutes of the State of Washington now in effect relative to the care, treatment, control, impounding and licensing of animals. Animal Control Services - Exhibit A 5115/02 - Page 3 b. Contracts - Managed and monitored by a designated contracts officer, attorney and fiscal staff. c. Personnel- Personnel policies, benefits administration, Union negotiations/contracts and hiring are handled by designated staff. Training is a major focus of service with the Kitsap Humane Society. d. Supplies - All purchasing, inventory and stocking are centralized for efficiency. Bulk ordering is utilized whenever possible to maintain cost effectiveness. e. Infrastructure - Facility, vehicle and equipment maintenance are staff assigned. Animal impound, surgical, kenneling, quarantine, disposal and livestock care facilities meet or exceed American Humane Association standards. f. Accounting - Computerized accounting systems are in place and are compatible with other networks and systems. Data and vital records are digitized and disasterltheft protected. A dedicated Business Manager and Assistant are on staff. Specialized accounting services are provided through a Silverdale CPA firm. The credit and financial health of the Kitsap Humane Society are top rated. g. Audit - An annual independent audit is performed by a CPA firm other than our accounting firm. Internal controls and self-audit checks and balances follow GAAP (Generally Accepted Accounting Principles) in the industry. All contracts are subject to contracting jurisdiction audit. h. Management - The Kitsap Humane Society is governed by a Board of Directors who select and hire an Executive Director. That individual supervises five (5) divisions; Development, Business, Animal Control, Animal Care and Customer Service. Kitsap Animal Control is supervised by a professional, commissioned Wa~hington Humane Officer of over nineteen (19) years experience. Animal Control Services. Exhibit A 5/15/02 - Page 4 EXHIBIT B Compensation By Service 1. 24/7 services. 2. Impoundment/Rescue a. Dispatch b. Complaints c. Investigations d. Citations e. Courts 3. Intake. (Vaccinations) 4. Kenneling. (Estimated 2,136 CatsIDogs) 5. Redemption. 6. Adoptions. a. Temperament testing b. Spay/Neuter c. Counseling d. Outreach 7. Licensing. a. Pets. (Estimated 2,500 animals) b. Facilities 8. Euthanization. (Estimate: 1,000) 9. Humane Education. 10. Administration. a. Contracts b. Personnel (2 ACOs + Benefits) c. Supplies (Fuel, 2 vehicles) d. Infrastructure (2 vehicles) e. Accounting f. Audit g. I nsurance (General Liability) h. Management Animal Control Services - Exhibit B 5/15/02 Included Included Included Included Included Included $ 6,408.00 $ 64,000.00 No Charge No Charge No Charge No Charge No Charge $ 5,000.00 Unknown $ 2,400.00 No Charge No charge $ 74,614.00 $ 4,000.00 $ 12.000.00 No Charge No Charge $ 2,300.00 $ 10.912.00 TOTAL (First Year): $ 181,634.00 DATE SUBMITTED: 12/29/2009 B1LL#~oo9___ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SF ....................................................................................... Committee Meeting Date: December 19, l008 COUNCIL MEETING Date: January 14,2009 Department: Parks & Recreation Presenter: Wyn Birkenthal/ Jeff E1evad6 Phone: 473-5305 SUBJECT: Kitsap YMCA Concession Amendment SUMMARY: The City provides access to the Jarstad Aquatic Center for Kitsap YMCA member during public hours as part of their current concession agreement. Reductions in 2009 part-time labor expense have resulted in elimination of weekend hours at the facility. Representatives from the YMCA have been in contact with the City to develop an agreement that would restore weekend pool access for YMCA members and the general public. Under the proposed agreement, the YMCA would pay the City the net cost for staffing the pool on weekends during 2009. In exchange, the YMCA would receive future credit through a partial reduction in the annual CPI adjustment identified in the City-YMCA Concession Agreement. The proposed Concession Modification Agreement would amend Section 8a of the concession agreement that addresses the annual concession fee paid to the City. The proposed amendment would allow the City to waive the CPI inflator until such time that the proposed payment from the YMCA is reimbursed. ATTACHMENTS: Attachment A: Concession Modification Agreement Between City of Bremerton and Kitsap YMCA FISCAL IMPACTS (Include Budgeted Amount): APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR: COUNCIL PRESIDENT: "';' ~;~'rli Ii' CONSENT AGENDA ISlJ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to ammend the Concession Agreement with the Kitsap Family YMCA and authorize the Mayor to finalize and execute the agreement in substantially the same form as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action CONCESSION MODIFICATION AGREEMENT NO. BETWEEN THE CITY OF BREMERTON AND KIT SAP YMCA THIRD AMENDMENT TO KITSAP YMCA CONCESSION AGREEMENT DATE JANUARY 21. 2009 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE KITSAP YMCA CONCESSION AGREEMENT (the "Contract") entered into between the City of Bremerton and KitsaD Familv YMCA on December 6. 1984, which aueement was amended on Seutember 19. 1990 and August 7. 2002. All provisions in the concession agreement shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Concession Agreement are as follows: I. ' Section 8a , is modified as follows: 8. CONCESSION CONSIDERATION FEES AND COSTS: a. It is agreed and understood that the YMCA shall pay to City an annual concession fee in the amount of $25,000.00. The annual concession fee shall be computed and paid quarterly by the YMCA within thirty (30) days after expiration of each quarter. This fee shall be adjusted on April 1 of each year based on the annual change in the Consumer Price Index (CPI-V) as published by the Bureau of Labor Statistics for the V.S. Department of Labor for the Seattle Metropolitan statistical area (1982-84=100), as published for the month of January of the prior year; providing the percentage increase for any single year shall not exceed seven percent (7%). The first adjustment shall not occur until January, 1992. Except that the City shall not collect a CPI adjustment to the current concession amount beginning in 2010 and until such time as the amounts that would have been collected by the CPI adiustments cumulatively reach the $6,000.00 paid to the City by the YMCA pursuant to the Kitsap YMCA/Jarstad Aquatic Center Reimbursement Agreement. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Concession Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a concession modification that is binding on the parties of this agreement. 3rd Amendment to Kitsap YMCA Concession Agreement IN WITNESS WHEREOF, the parties have executed this Concession Modification on the day and year first written above. KITSAP FAMILY YMCA THE CITY OF BREMERTON By Its Glen Godfrey Executive Director By Its Cary Bozeman Mayor DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Mr./Mrs. Title City of Bremerton Engineering Department Address 1 Address 2 Phone/Fax 2 3rd Amendment to Kitsap YMCA Concession Agreement STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day, before me, Cary Bozeman, Mayor of the City of Bremerton, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the instrument on behalf of said municipal corporation. GIVEN under my hand and official seal this day of 2009. Notary Public in and for the State of Washington, residing at My appointment expires: STATEOFWASHINGTON) ) ss. COUNTY OF KITSAP ) On this day, before me, Glen Godfrey, Executive Director of the Kitsap Family YMCA, the organization that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said organization, for the uses and purposes therein mentioned, and on oath stated that (s)he was authorized to execute the said instrument on behalf of said organization. GIVEN under my hand and official seal this day of 2009. Notary Public in and for the State of Washington, residing at My appointment expires: DA TE SUBMITTED: 12/29/2009 BILL # 09- 010 AGENDA BILL CITY OF BREMER TON CITY COUNCIL 5~ ....................................................................................... SUBJECT: Kitsap YMCA / Jarstad Aquatic Center Reimbursement Agreement Committee Meeting Date: December 19, 2008 COUNCIL MEETING Date: January 14,2009 Department: Parks & Recreation Presenter: Wyn Birkenthal/ Jeff Elevado Phone: 473-5305 SUMMARY: The City provides access to the Jarstad Aquatic Center for Kitsap Family YMCA members during public hours as part of their current concession agreement. Reductions in 2009 part-time labor expense have resulted in elimination of weekend hours at the facility. Representatives from the YMCA have been in contact with the City to develop a partnership that would restore weekend pool access for YMCA members and the general public. Under the proposed agreement, the YMCA would pay the City the net cost for staffmg the pool on weekends during 2009. In exchange, the YMCA would receive future credit through a partial reduction in the annual CPI adjustment identified in the City-YMCA Concession Agreement. Payment Calculation: Weekend Staff Cost (includes benefits) = Estimated Revenue (collected by City) = Net Staff Cost (YMCA Payment) = $12,500.00 $6.500.00 $6,000.00 A TT ACHMENTS: Attachment A: Kitsap YMCA / Jarstad Aquatic Center Reimbursement Agreement Attachment B: Aquatic Center Weekend Staff Cost Calculation Worksheet Exhibit A: Concession Modification Agreement No._ Between the City of Bremerton and Kitsap YMCA FISCAL IMP ACTS (Include Budgeted Amount): Revenues generated will offset the staff costs expended resulting in no net change to the ending fund balance. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: ~. CONSENT AGENDA 1RJ GENERAL BUSINESS D PUBLIC HEARING D COMMITTEE CHAIR: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve Kitsap YMCA / Jarstad Aquatic Center Reimbursement Agreement and authorize the Mayor to finalize and execute the agreement in substantially the same form and further, to authorize the necessary budget adjustment. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action KITSAP YMCA / JARS TAD AQUATIC CENTER REIMBURSEMENT AGREEMENT THIS AGREEMENT entered into by and between the City of Bremerton, a municipal corporation organized under the laws of the State of Washington (hereinafter referred to as "City"), and the Kitsap Family Young Men's Christian Association, an operating branch of the Armed Services YMCA of the USA (hereinafter referred to as "YMCA"). WITNESSETH: WHEREAS, City owns and operates the Glenn Jarstad Aquatic Center; and WHEREAS, City provides access to the Aquatic Center for YMCA members during public hours of operation; and WHEREAS, reductions in the City's 2009 part-time labor budget have resulted in the elimination of Saturday and Sunday operation of the Aquatic Center; and WHEREAS, the City and YMCA wish to enter into an agreement that would restore Saturday and Sunday programming at the Aquatic Center mutually benefiting YMCA members and the general public; NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. City agrees to operate the Jarstad Aquatic Center Saturdays and Sundays during the 2009 calendar year and to continue to make the facility available for YMCA member and general public use during public hours of operation, currently 12:00 PM - 3:30 PM, under the conditions, policies and procedure established by the City of Bremerton Parks & Recreation Department. 2. The YMCA agrees to reimburse the City $6,000.00 to pay the net cost of staffing the Aquatic Center on Saturdays and Sundays in 2009. In exchange, the YMCA will receive future credit through partial reduction in the annual CPI adjustment identified in Amendment #3 attached hereto as Exhibit A. The reimbursement payment shall be paid as a lump sum to the City within the 2009 calendar year. This agreement may be terminated by either party with thirty (30) days written notice, with the City reimbursing the YMCA for the unused portion of the reimbursement payment prorated monthly. 3. All other terms and conditions of the Kitsap YMCA Concession Agreement effective December 6, 1984 and as amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth below. CITY OF BREMERTON DATE: By: CARY BOZEMAN, Mayor KITSAP F AMIL Y YMCA DATE: By: GLEN GODFREY, Executive Director STATE OF WASHINGTON) ) ss. COUNTY OF KlTSAP ) On this day, before me, Cary Bozeman, Mayor of the City of Bremerton, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the instrument on behalf of said municipal corporation. GIVEN under my hand and official seal this day of 2009. Notary Public in and for the State of Washington, residing at My appointment expires: STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day, before me, Glen Godfrey, Executive Director of the Kitsap Family YMCA, the organization that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said organization, for the uses and purposes therein mentioned, and on oath stated that (s )he was authorized to execute the said instrument on behalf of said organization. GIVEN under my hand and official seal this day of 2009. Notary Public in and for the State of Washington, residing at My appointment expires: Attachment B GLENN JARSTAD AQUATIC CENTER WEEKEND STAFF COST CALCULATION WORKSHEET Day Sunday Sunday Program Time 2009 Adult Lap Noon-1 :30PM 50 Days Public Swim 1 :30-3:30PM 50 Days Total Staff Cost = $ 6,335.51 Program Time 2009 Adult Lap Noon-1 :30PM 49 Days Public Swim 1 :30-3:30PM 49 Days Total Staff Cost = $ 6,208.80 Day Saturday Saturday ;[z<t,'r ',]~~R!na,i$,~ijl~li~r~ . ~;i~1fgl~~i~~~~ii ;?~~i~~~~0\~,~~H~'~.~e~~mSiHa!~;~J~;r\~li. .... ~~'~~ ~~li1i~~1~~i~~~~f;~1~f~l~f~1:~~~Qm~~jJ~~ Projected Revenue 2009 (Adult Lap and Public Swim) Saturday $ 3,500.00 Sunda $ 3,000.00 :~~~!ik;~~~~,~~~!~~~~;t\~I~~,~,~,q:,; 1i:"?~;:;;;:;~'j/i~2,~'l;^$"~.:;'ij,;'!,'6':f5'-'-o"'n-:"0' "'OB'f!; ,-~"\.' '~-:-"'C<'-;f:-""-"< ,-;', '{"'I.--'t"l~ "', '~"J ',_ '1 ;, "l:,,:~~> :f:',H:,:h~:~;y't;X'::'I:-~..,/i,}."~;~t,.:t-,,J,,' V~"" ,:~,.,}\,~cr!:,?i',:f . ,~~li~!~M~~~g2:~ffKijt1i~~iii~~~~~.~.:g9:Qt{fQ;i~ GLENN JARSTAD AQUATIC CENTER STAFF COST SUMMARY (City provides staffing for Public programs and YMCA rentals) Day Saturday Time Noon-1 :30PM 1 :30-3:30PM Program Adult Lap Swim Public Swim Open/Close Total Hours # Hours 1.5 2.0 0.25 3.75 Hours Rate per Base FICA, Total Position Worked Hour Expense l&l, Other Cost Senior Guard 3.75 $10.26 $38.48 $10.39 $48.86 Lifeguard #1 3.75 $8.59 $32.21 $8.05 $40.27 Days Hours Hours per per per Lifeguard #2 3.50 $8.59 $30.07 $7.52 $37.58 Year Day Year Totals 11.00 $27.44 $100.75 $25.96 $126.71 50 3.75 187.50 12?'{i~~1~lf{{~~jl~~{[t~,~y~~i~R?~(j~~~~~rf~Ji~~~r[*:~:~:j:: Day Sunday Time Noon-1 :30PM 1 :30-3:30PM Program Adult Lap Swim Public Swim Open/Close Total Hours # Hours 1.5 2.0 0.25 3.75 Hours Rate per Base FICA, Total Position Worked Hour Expense l&l, Other Cost Senior Guard 3.75 $10.26 $38.48 $10.39 $48.86 Lifeguard #1 3.75 $8.59 $32.21 $8.05 $40.27 Days Hours Hours per per per Lifeguard #2 3.50 $8.59 $30.07 $7.52 $37.58 Year Day Year Totals 11.00 $27.44 $100.75 $25.96 $126.71 49 3.75 183.75 :?i~;~i%~s~i~~'nJf!JtiyB#~yr~t~i!:ig~,t~$t;~~~;'~j~~~~~!Q~l[q; i:~~~~~'o:l:J.~,;\W~f~~ij~st~fjrQlt~t~r~~~t~~'2~~fI~~'o.; ;f[~J~~~i~~1i~i1~'~fr~~Mn~!f!~~m9:~'fi~ff~i~i~{&'~~~1iqtQ"~~ Projected Revenue 2009 (Public Programs) Saturdays Sundays r!~~J~~i~ttl~~;~~t~~J~'9:~ $3,500.00 $3,000.00 ~ "-;:;,":::,,,;_,~,~;!!",........;-?";.....,_.)~.,'~-;,.!.:'l::~ ~'>~.<.. .. i"'~'~6' ,oi~5"~O""O""'iO""'0"""\ " ,,):,;-,}~{~~~~:t:!,,~~~;?,_~<~''J~ti::~:~~ 2009 Weekend Staff Cost: 2009 Weekend Revenue: $12,500.00 $6,500.00 . '~~:? '~'"~~14';~'~~~}'7~!':-;';?~:\{';3f::j;:,;.;;~ 'ff:$6')O{j(j~OO ,- >",""~<'".~'_.....'!:~:,", -,:,"~<"'_'-,<!1" Exhibit A CONCESSION MODIFICATION AGREEMENT NO. BETWEEN THE CITY OF BREMERTON AND KIT SAP YMCA TIDRD AMENDMENT TO KITSAP YMCA CONCESSION AGREEMENT DATE JANUARY 21. 2009 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE KITSAP YMCA CONCESSION AGREEMENT (the "Contract") entered into between the City of Bremerton and Kitsao Familv YMCA on December 6. 1984. which ae:reement was amended on September 19. 1990 and Aue:ust 7. 2002. All provisions in the concession agreement shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Concession Agreement are as follows: I. Section 8a , is modified as follows: 8. CONCESSION CONSIDERATION FEES AND COSTS: a. It is agreed and understood that the YMCA shall pay to City an annual concession fee in the amount of $25,000.00. The annual concession fee shall be computed and paid quarterly by the YMCA within thirty (30) days after expiration of each quarter. This fee shall be adjusted on April 1 of each year based on the annual change in the Consumer Price Index (CPI-U) as published by the Bureau of Labor Statistics for the U.S. Department of Labor for the Seattle Metropolitan statistical area (1982-84=100), as published for the month of January of the prior year; providing the percentage increase for any single year shall not exceed seven percent (7%). The first adjustment shall not occur until January, 1992. Except that the City shall not collect a CPI adjustment to the current concession amount beginning in 2010 and until such time as the amounts that would have been collected by the CPI adjustments cumulatively reach the $6.000.00 paid to the City by the YMCA pursuant to the Kitsap YMCAlJarstad Aquatic Center Reimbursement Agreement. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Concession Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a concession modification that is binding on the parties of this agreement. 3rd Amendment to Kitsap YMCA Concession Agreement Exhibit A IN WITNESS WHEREOF, the parties have executed this Concession Modification on the day and year first written above. KITSAP FAMILY YMCA THE CITY OF BREMERTON By Its Glen Godfrey Executive Director By Its Carv Bozeman Mayor DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Mr./Mrs. Title City of Bremerton Engineering Department Address 1 Address 2 Phone/Fax 2 . 3rd Amendment to Kitsap YMCA Concession Agreement DATE SUBMITTED: 1-7-09 AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL 1f 09-01( ~R ........................................................................................ SUBJECT: Collective Bargaining Agreement between the City and the International Association of Fire Fighters, Local #437. Executive Session Date: COUNCIL MEETING Date: Department: Presenter: December 3, 2008 1/14/09 Financial Services Carol S. Conley, HR Manager 473-5347 Phone: SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the International Association of Fire Fighters (lAFF) Local #437 resulting in the attached Collective Bargaining Agreement (CBA). These negotiations have been discussed with Council in Executive Session. This CBA replaces the current one that expired on December 31, 2008. The new CBA is for a three (3) year term, beginning January 1, 2009 through December 31, 2011. It was ratified by the li\FF membership. Council approval is required to implement this agreement. , ATTACHMENTS: Proposed Collective Bargaining Agreement between the City and IAFF. FISCAL IMP ACTS (Include Budgeted Amount): Fiscal impact of implementing this contract for 2009 is estimated as ,$281 ,669. A budget amendment in the estimated amount of $34,557 will be required from the Human Resources budget under Professional Services in addition to the amount of $247,112 included in the Fire Department budget, to fund the contract for 2009. APPROVALS: DEPARTMENT MANAGER: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ~ 1 I CONSENT AGENDA ~ I fiVlO..\IlU- G1Aai.,v' A M ::~::~:~:~:E::T1d ~O:l:~;t / a~::ovc"l~e" c:~e~ve Bargaining Agreement by and between the City and International Association of Fire Figthers, Local #437, January 1, 2009 through December 31, 2011, and authorize the Mayor to finalize and execute the agreement in substantially the same form as presented, and make the necessary amendments to the budget. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action Wages Medical LEOFF I Provision Change in Pay Differentials IAFF Proposal 11-18-08 Cost Out 2009 = 5% 2010 = 100% CPI-W, S/B/T, June-June (2% min-5% max.); 2011 = Same as 2010 Current Contract Language This proposal is an incentive to get LEOFF I members to retire. LEOFF I's (Rappleye, Golnik, Moen, Nelson) to receive an additional 12% in their longevity (includes 4% Deferred Comp) for the 30 day period following ratification of the contract. 3-Shift Captains to Battalion Chiefs (130% to 136%) 6-months 3-Lts. to Capt. (115% to 124%) 6 months 1-Deputy Fire Marshal (from 112.5% to 115%) 6 months 1-Battalion Chief (136% to 142%) 6 months YGOS1i;~ilf~~j "~~,~'t~~~~~f~~~~i~t~ $247,112 Unknown Unknown Unknown N/A Approx. $1,057 per member for a total of $4,611 $1,707 for 6 months $12,335.60 $5,955.60 $9,947.06 $247,112 Unknown Unknown Unknown N/A Not budgeted Not budgeted Not budgeted Not budgeted Not budgeted $4,611 $1,707 $12,335.60 $5,955.60 $9,947.06 2009 Total Additional $34,556.78 Cost: 2009 Total Cost: $281,668.78 FOR RATIFICATION COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL No. 437 January 1,2009 through December 31, 200?? I Final Version as of 12/30/08 TABLE OF CONTENTS TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 JANUARY 1,20026 THROUGH DECEMBER3i, 20118 PREAMBLE....... .................... ...... ............ .';....... ...... ... ... ............... ... ...... .... ....34 ARTICLE 1 NON-DISCRIMINATION. . . . . . ... . .. .. . .. . . . . .. . . .. ... .. . .. . .. . .. ... . . .. . .... .1A ARTICLE 2 RECOGNITION,... i:.;'.'........... ............................................... .}4 ARTICLE 3 UNION D U'ES. .: '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . =. . . . . . . . .:1::) ARTICLE 4 UNI,Q,N:ACCESS........................................... ..................... .:1::) . ~..., ': ARTICLE 5 - WAGES.......................................................................... .2B ARTICLE 6 ,HOURS OF WORK........................................................... .lQ-9 ARTICLE 7 OVERTIME.... ... .. . .. ... ... ... .. ., . .... . . . .. . ... . . . .. . .. .... .. ... . ..... . . .. ...11 +G ARTICLE 8' VACATION LEAVE............... ...... .................................... .11+; " ARTICLE 9 HOLIDAyS......... ............... ... ... ......... ...... ......... ... ........ ....]2+4 ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITy..................... ..20B ARTICLE 11 OTHER LEAVE.............................. ...... ... .... ........ ... ..........25+9 !'J~]fQ'illLSJ'O!L\ COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437 January 1,20024 to December 3 I, 20L!Og Page I of 46 Final Version as of 12/30/08 ARTICLE 12 RETIREMENT BENEFITS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27:t!d ARTICLE 13 INSURANCE BENEFITS. .. .. . .. . . .. .. . .. . ... . .. . .. .. ... .. ... .. . . .. . .. .. . .2 7U ARTICLE 14 CLOTHING AND UNIFORM CLEANING ALLOWANCE........ .28ti ARTICLE 15 PERSONNEL PRACTICES. . . . . . . .. .. . ... .... ... .. . ... .. .. . .. . ... -'--'--'-'" ., .29ti ARTICLE 16 PROMOTIONAL EXAMS....................................... ........ 31;M ARTICLE 17 GRIEVANCE PROCEDURE............................... .;.............. 342-4 ARTICLE 18 REGIONAL FIRE AUTHORITYSEVER,'\BJUTY.................... .38:2-& ARTICLE 19 ENTIRE AGREEi\'lENTDRUCJFREE WORKPLACE................. .39:2-& ARTICLE 20 CONFLICTING PRO~N& LABDR MANAGEMENT COMMITTEE......' .... ...43:2-& ARTICLE 21 DRUG FREE WORKPL\CEPITYSICAL FITNESS PROGRAM....441-& ARTICLE 22 DEFERRED COMPENS~^lTrOl'J TOBACCO FREE WORKPLACE...45 ARTICLE 23 L^lBOR !\'l/\;--J/\GEMENT COMMlTTEEDISCIPLlj\;AR Y 1\ C T I () N .. . .. "c" .. c. c.. .. .. .. . . . . . .. . . . .. . .. . . . . .. .. . . .. . . .. .. . .. . . . . .. . . .. .. . . . . 45;; ARTICLE 24 t41YSIC/\L FlTNESS PROGR,'\M SEVERABILITy.................. .45;; ARTICLE 25 TOI3C;^l'CCO FREE \VORKPLACE ENTIRE ^GREEMENT............45;; ARTICLE 26DISCIPLlNAR Y .\CTION TERM................................ ......... .45~ ,'\RTICLE 27, ,'\TERM.......................................................................... ...33 APPENDIX k PAY SCHEDULE ~!lileC2S{\LSJQJ~ "~COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,200217 to December 31, 20jJm: Page 2 of 46 I Final Version as of ]2/30/08 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 . January 1,20026 through December 31, 2011GS PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 47 t56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the International Association of Fire FightersJ~ocal No, 437, hereinafter known as the "Union" for the purpose of setting forth the wages, hours and wbT~,ing conditions which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE 1 NON-DISCRIMINATION. 1.1 NON-DISCRIMINATORY APPLICATION: The proVISIOns of this Agreement shall be applied equally to all employees in the bargai~iri:g unit without discrimination as to age, sex, marital status, race, color, creed, religion, national origin; political affiliation, sexual orientation. mental, physical or sensory disability, unless based up()Ita{bQ~natide occupational qualification. 1.2 DISCRIMINATION A<LLEGA'TIONS: An employee who believes that he or she has been the subject of unlawful disCrirrlipation prohibited in Section 1.1. above shall seek relief through the appropriate local, state, or fedef~lagency charged with investigating such matters, and shall not process such complaints through the Grievance Procedure of this Agreement. 1.3 NON-DISCRIMINATION - UNION ACTIVITY: The provisions of the Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to Union affiliation or activity or lack thereof. The City and the Union shall each be responsible for complying with this provision. .. An employee who believes that he or she has been subject to discriminatory treatment prohibited by this provision may process such an allegation through the Grievance Procedure of the Agreement. ARTICLE 2 RECOGNITION 2.1 The City recognizes the Union as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and working conditions for all employees in classifications set forth in Appendix A, and such classification as may be added to the bargaining unit during the term of E1~il\)(lS.'\l,,'LtDKACOLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,20024 to December 31, 20UG& Page 3 of 46 I Final Version as of 12/30/08 this Agreement by mutual agreement of both parties or by official action of the Public Employee Relations Commission if mutual agreement cannot be reached. ARTICLE 3 UNION DUES 3.1 DUES DEDUCTIONS: The City will deduct monthly Union dues and initiation fees uniformly required of membership from the payor those employees who provide written authorization to the City to make such deductions. The City further agrees to make deductions for special union assessments one (1) time per calendar year from bargaining unit members at no cost to the union for administering such assessment. The City will transmit the total amount of deductions to the Treasurer of the Union. 3.2 DURATION OF AUTHORIZATION: Written employee authorizations will remain in effect during the term of this Agreement unless an employee revokes authorization by pfovidin,g thirty (30) days written notice to the City and the Union. . 3 .3 EQUIVALENT DUES PAYMENT: An employee who rev()kes his or-her written authorization to deduct dues or who refuses to join the Union shall contribute ari amount equivalent to regular Union dues and initiation fees to a non-religious charity or to a religious organization mutually agreed to by the Union and the employee. The employee shall provide written evidence to the Union that such contributions have been made. 3.4 INDEMNIFICATION: The Union shall indemnify and hold the City harmless from any and all liability resulting from the administration of this Article. ARTICLE 4 UNION ACCESS 4.1 CONDUCT OF UNION BUSINESS: Union business, such as handling grievances and other legitimate routine matters, may be condiict~d on Fire Department premises, provided that such business does not interfere with Fire Department operations and is authorized by the Fire Chief. Scheduled Union meetings may be held in Fire Department facilities provided that such meetings do not interfere with Fire Department operations. 4.2 UNION RERRESENTATIVES: The Union shall provide written notice to the City of the names of the officials tl:utporized to represent the Union immediately upon their election or appointment. The City will provide. reasonable access to City premise?,tt to such authorized representatives for the purpose of hanglingsgriievances and other legitimate Union business, provided that such access does not interfert;~withi1he;~9rk and duties of Union employee representatives or other on-duty employees. 4.3.UNIQN REPRESENTATIVES RELEASE TIME: The Fire Chief or designee shall grant the six(6~ three (3) primary Union officers time off with pay pursuant to Section 4.2, not to exceed 216 hours total for all six (6) three (3) officers annually, for all scheduled meetings including but1lot limit~U_Q the following meetings and eonference~;: WSCFF Legislative WSCFF Spring Education Seminar WSCFF Annual Convention IAFF Bi-annual Conference (President or designee) j>l~()P()SALS FQR l\_COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 2002f) to December 3 I, 20l.l~ Page 4 of 46 I Final Version as or 12/30/08 4.3.1 lJNION LEAVE BANK: Lach member of the bargaining unit shall be assessed five (5) hours of compensatory leave (exempt or non-exempt) or accrued annual vacatig]LL~~y.~ on March I ~1 of each calcndaI~ar for the purpose of establishing an9- maintainillg_.i! union leave bank. . The union I,eave bank may be used bv any member of the gargairt..!.o.g unit with prior written approval of the Union President. Vice Prc.sic!.em or. their sr~.<;ifieg designee. The catej,wrvofjeavg donated \\ ill be at the discretion of each 1l1ember. This union leave bank may be uscd for anv activity consistent \\ ith the la,j.,rful plli]2oses of the ulllon. . Union leave must be ~'pproved bv the President. Vice President. or ,in their absence. a specified designee: . Union leave mav be used in any increment; . Union leave must be applied for 14 hours in advance of the leave l~king place: . Union leave \vill be charged at straight tlnie:. .' . Union leave will be guaranteed. even if it isnot oterhwise eligible. uOdeC Article,;; 8.3.8.5 or 8.7 of this agreement The City shall produce a statement of ill I. uhii..)11 leave expended upon request. 4.4. UNION BULLETIN BOARDS: The City will permit the Union to place one (1) bulletin board for Union use at a designated location a~ each fire station. No materials shall be posted except notices of meetings and electigns, results of elections, changes in Union bylaws, notices of employee social occasions al1~ SImilar Union notices, letters, and memoranda. The City shall provide a designated,mutually?greeable accessible and convenient location for installation of bulletin boards at ~ach fire statiOn. The Union will purchase uniform, jointly specified bulletin boards for each statioTI;..The bulletin boards will be for the exclusive use of the Union. Only those items specifically approved by the Union will be posted. ARTICLE 5 WAGES 5.1 Effective Jaimary 1.2009. wages shilll be as idcntified in Appendix A. \vhich reflects all incrci.ls~ of five percent (5%). 5.2 /Effe6tive January 1. 2010. wag.es shall be as identified in Appcndix A. which reflects an increase basect:upon 100% of the Seattle/TacomalBremerton CPI- \\1 from June 2008 to June 2009, with a minimum of 2% and maximum of 5%. 5.3 Effective Januarv 1_ 2011_ vvages shall be as identified in Appendix A.. \vhich reflects an increase based upon 100% of the Seattle/Tacoma/Bremelion CPI-W from June 2009 to June ZQJJL.lvilJL!:! minimum of 2% and a maximum of 5%. PI\OP.oc'S,.\I..), IDE .!l. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January t, 200~('J to December 3 I, 20jJilg Page 5 of 46 I Final Version as of 12/30/08 5.4 The CPI- W is C1pplied to semi-monthly Firefighter pay at 100% (steQ 5). Step j2ercentage and differential pay rates are calculated from said FiretlQ.hter 100% rate after annual CPI-W is applied. C:PI- W will be calculated out to three (3) decimal Qlaces. Longevitv pay rates are calculated from th<,: ha~ differential rate at ] 00(10. Publis!led hou.!:lY-~~ (1re estimates and actuals IJl'fr-'@lYJsil~--.1C~_12~nm rounding) and will be calculated by the Ci1\' payroll soft\\are system. 5.1 EffeGtive J~1l1'clary 1. 2006. \\~lge:; shall be a~; identified in /\ppendix /\. \yhich reflect; .aninercuse o1't\'.o and a half percent (2.5%), plus a one and uldfpercent+J .5%) markc: adjustment. . . 5.2 Effecti"e January 1,2007 wages shall be as identified in /\ppendix /\. which I'eflects an increa:;e based upon 100% of the Seuttle/Tucomu/Bremerton CPI 'N ihm1June 30, 2005 to)une30:2006. v,ith a minimum of two percent (?%) and a mm,imum of fi\'C percent (5%). plu~; n oncperccnt (I %) market adj u:;tment. . 5.3 Effoctive J~muary 1, )008 ,,-age:; s~dentified in--Appcndix ,A" \..hich reflect:; an incre~l:;e w.scd upon 100% of the Seattle1Tacoma/Gremerton CPJ W from June 30, 2006 to June 30, 2007. \\ith a minimum ort\\O percent (2%) and (l maximum of fi.. e percent (5%), plu::; a one and a half percent (~ market udju~;tment. 5.4 PAY DlFFERENTJALS: Eff('ctive l-l~2009 Effective 7-1-2009 Pay Differ(,lltiaIShif~': NOll-Shift Shift NOll-Shift Firefi.~ht,er ((71 Ste0 '70~'o' _ )Qo.lo .~iEe}i~!!tel:(Zi)_~.~~p.2. ,,_._.,~,::']~~~,,"}~~:C;.:.=__'[.~~:,:'.'[.. 7~% .." J ._, . : . ~'i~~.tJ.gl11~L.0LS.~<:r}. ",+ "8"0,~ I ' I 8500 I .... Ci re!ig,h t~~!iv .~.t~r.~ " ,":,' :.,'~'''_'~' .__:.t:~,~ ~,~20__'.I'.::.~' .:.:n..__'I,~j.o~o ____. C.' n...,n.~ 0"" ..... rjT~f},gh.t.~r@.~t.ep,5 . .1 . 100% 1_ I. 100% . I : FF M ec h 31~i c.,()~ ~~.B(\.'..' .~ .... ,'.]nn::'i,Qi~~.-:,:J::'~;.-J..:'l ()~~~':.:] . n'~.'..::, .... Firelighter Paramedic IJ!?).% I I 1 ]).5% I : J'F/Par(j;~1~di~2~ritit;~;~)llS 10+ \TS . r 115"'Q-I-'r '1]n5~Q" T.'~' ,nFF!r~~reYJ:e.ve.n~ig.)J._ I I 1 )0. I I 11 )0. Lieutenan!..... ...... .:"J_ .U~;,~. 'l:i~it~-,J,-!!~Oor..-l~;~ .1. - I ,_:, JJ24% J I 130% I _ I I ..' nnr _J _ :lJO~o,__ J ":.-1'::_13,0(;.(,: I I 133% I I 133~/o r ' I . , 1 36%_.:-J . J -142~.b ,c:aptaJJ1~2tation.. . 9JZt.~!~!- :~11 i.f.!. Fire,Marshal "N1~d'i~;i'Oft~~~;' ''--..'. _,I3att.<~!jon.C::hi,e.!' -J!a.illin.~ Battalion Chief - Shift __ A P p,e n d i ~f. " for F i 1~~figh~JiE.()l1!Ill~g i c _ in cJll.9 e s J1.,1'J~t h({~I.'l steJ2:..IQ,he eJi!.',ibjc,JQL t.hi~ .5192 the emplovee must ha\e COllli21(?..1s:.~LJell _UJl.L.J'eaI:.:'i.__~)ntinLl()us ~'iQrvice ai...J1. Firefighter/Paramedic with the Cit\'. The sixth step \\ill be set (11 one hundred fifteen percent (] 15%) of top Step Firerighter J~['ZOI)OS.L\L~JOR .'\.COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 200~{:' to December 31, 20L!(}g Page 6 of 46 I Final Version as or 12/30/08 5j4 The longevity schedule for members of the bargaining unit shall be as follows: Completion of 5 years in service 1.25% Completion of 10 years in service 2.5% Completion of 15 years in service 3.75% Completion of20 years in service 5% Completion of 25 years in service 6.5% Effec~i\'e 1 1 08, upon Completion of 30 years in service = ___8% 5.6 All LEOFF 1 employees that hold the rank of Lieutenant or Captain witll}O 'fears and oneJl.2 month or more or service with the Bremerton Fire Dep31imen~ shall receive an additional 12% added to their loni2.evitv for the 30 day period immediatelv [ollm\ ing the date the AQ:reemen1 is ratifled bv. all pm1ies. 5.1':; Advancement through the pay rates from the First Step through tlie Final Step or the pay range will occur upon completion of the prescribed number of full year(s) of continuous employment since the employee's last pay placement, provided, however that the employee'soverall rating on his/her annual evaluation "Meets Expectations" or "Exceeds Expectations". The City may withhold a step increase for work performance that does not "meet expectations". A step increase may be withheld for a maximum of twelve (12) months, during which time the employee will receive monthly evaluations. The employee's immediate supervisor will notify the employee in writing of expected failure to meet expectations at least thirty (30) days prior to the due date of the work perform'ance evaluation. If such notice is not provided the step increase will not be withheld. The withholding of a step increase will not change the employee's current anniversary step date for pay purposes. In the event that the employee "meets expectations" at one of the monthly evaluations during the subsequent 12 months, they will receive a step increase effective as of the due date of that monthly evaluation. It shall be understood that the increase will not be applied retroactively to the month(s) in which the employee received a rating below "meets expectations". The denial of a step increase is subject to' the grievance procedure. In the event an employee is on approved leave of absence without pay,:the employee's next wage step increase advancement date will be extended by the actual numberpf,days the employee was absent on such leave. 5.~6 A new employ,ee shall be hired at the first year step, however, a new employee who rhas prior paid work experience as;afull time Firefighter or Firefighter/Paramedic in a fire service which operates a full time emergency fire/medical response service using paid employees, may be hired at the second year or third year step oasedupon relevant years and type of prior experience. Placement &ef second or third year steps shall oedetermined by a review committee consisting of the Fire Chief, Assistant Chief, and one (1) Union representative. 5.2':].<, A Firefighter/Paramedic with no experience shall be hired at the first year step. A FirefighterIParamedic with one (1) year minimum paid fire experience shall be hired at the second year step, with their third year step in six (6) months, solely at the discretion ofthe Fire Chief. 5.lQ.g A Firefighter/EMT with no experience shall be hired at the first step year. A FirefighterlEMT with one (1) year paid fire experience shall be hired at second year step, with their third year step in six (6) months solely at the discretion of the Fire Chief. Any variation from the above will require approval by the review committee as outlined in section 5.6 of this Article. PL~i}PDSi~L~J,(m,Jl.COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,200<26 to December 3 I, 20Uih~ Page 7 of 46 I Final Version as of] 2/30/08 5.11iJ FIRE PREVENTION: An employee who is assigned to perform fire prevention work as a DeJ2utv Fire _Marshal shall be compensated at the Firefighter/Fire Prevention Ba-se-pay rate listed in Appendix A for the duration of the assignment. 5.12+4 EQUIPMENT MAINTENANCE OR SELF-CONTAINED BREATHING APPARATUS (SCBA) MAINTENANCE: An employee who is assigned to perform either equipment maintenance work or SCBA maintenance work shall be compensated at the Firefighter/Equipment Maintenance J::J.ase pay rate listed in Appendix A for the duration of the assignment. 5.13-1-+ ACTING OFFICERS: An employee who serves as an Acting Officer during atw'enty-four (24) hour shift shall be compensated as outlined in section 5.1::1:+""+- below. In order to be eligible to serve as an Acting Lieutenant, an employee must be on the City's current promotional r~gist~r,andagree to work the assignment. In order to be eligible to serve as an Acting Captain, an employ~e must be olub.s: Cl!l_3 current promotional reg.ister for Captain and agree to work the assigl1l11cn1. currently \\'orbng a:: a Lieutenant and 11[1',e passed hi:; or her probation as an officer. The !Jo:;ition of ,A,clin;; Ci:tj1t&i-R i:; aL;c subject to ~he employee's verbal agreement to work the a:;:;ibnmenL The use of Acting Officers will not be used as permanent alternative to hiring a full complement of officers. When the position of Battalion Chief is put into place. the first opportunitvJil aCLil,'U:! Battalion Chief\vill gO to the station CaJJtajn-;-:~ tfl€.fllf t!le Slation Captain ~oes no! agree to \\ork the assignment._Jhen -the opJ2Oliunitytes will be offcreJl to those employees on the current Captain's~ ljst. All other acting provisions applv.If at any ~ime a foree hire :;ituation i:; necessary. the po:;ition :;hall be filled wi~h'an employee \\o'ho emrentlv hold:; the :;amc "" ,,"".... rank as needed. (See 5.11.3 for the procecbre on ilI1ing9ffieer \acancies on a situationnl busis. 5 . I 4-t--h+ Acting Officers Compebsation: o through 1 hour After 1 hour through 4.hours After 4 hours througJi 12 After 12 through 24 hours No Compensation 1 hour of overtime 2 hours of overtime 2.5 hours of overtime In no case shall there be more than 2.5 hours of overtime per Acting Officer position. In the event of a split between two (2) employees, the maximum overtime paid shall be three and one- half (3 .5) hours; 5. 11.2 )nre,eognition of section 7.1, the procedure for filling over~ime and maintaining staflffi-g on the bas.isof Fire Service und Emergenc)' Medical senice need:~ 'o'oill be as in Section 5.11.3 ~ 5.11.3 There shall be at leas'c one regularly appointed officer on duty each shift. In ~he c.'ent that there is no Cuptain scheduled. and there is only one regularly appointed Lieutenant scheduled, he/she will be ussigned to Station HI as the ,".cting Captain if the shift is abO\'C ] I on duty. V/hen ~ho shift is belo'o\' 1 I on duty and a Captoin is not :;chedu1cd, a regularly appointed Captoin \~ called to fill ~he position on ovortime. If no Captain is mailable, then n Lieutenant cUlTentlyon the City':~ promotional register for Captain and on duty will be called to filllhe position as an ,A,cting Captain, In the e\cnt that there are no Lieutenants on duty who are on ~he City's current promotional regi:~ter for Captain ancl no regularly appointed Captain i:~ available to 1'lillEQS.b10I(21~1.\_ COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 200Yf} to December 3 I, 20]JGl<: Page 8 of 46 I Final Version as of 12/30/08 fill the po~;iti()n, a Lieutenan~ wilt} hu~; com~~+s/her probation und is on duty. \yill he called to fill ~he position as :\cting Cnptain. If ftJ-jin; the po~;ition require:; fOffing nn employee, it ~;hall ~;tar~ with the regularly appointed CapwiR-5o 5.11/1 When the ~;hift is belcm 1 1 on duty and a Captain is on duty, oveliimc \\ ill be called-+e fill the requirements of ,^,rticle 7. Section 7.11. If no regularly ,'\ppointeG--h-te-tltenant i~; a\ailnble for the position, the on duty acting officers "..ill bc 'cltilized to calling off duty. ()\er~ime !\cting Officers. 5. 1 1.5 When the shift is at-Bf-aboyc 11 on duty, ,'\cting Officers ~;hall be u~;ed to fill Gaptai n or Lieutenant positions if possible. For the Captain'~; po:;ition. on duty Lieutenants clllTent ly on the Cit\ .~; promotional register for Captain ~;halJ be contacted first. If no on duty Lieutenant i~; on the "'....... ' ... , current promotional register then a Lieutenant who is on duty and pasthis1her prohaliom;r) period w-i-J.-l--.Be--eett1:acted to 11 II the positi on. 5.12 In the event an emplo)ee is a:;:;igned a:; an instructor to the \Va.;hington State Fire Sen'ice Training Centcr, the folhsing proyi:;ions :;l1a]] apply for the tenn of the nssignment: 5.12.1 The employee \'/ho is at the runl~ of Firefighter. Firefighter/Maintenance and/Bf Firefighter/Paramedic, shall have their compensa~iQn increased to Lieutenant at the ~;(;me ~;tep in the Lt. pay band. Example: FF/PM at Step '1 \\o~lld'go to Step 1 of Lt. pay band. 5.12.2. If the employee i~; at the rank ()f~ Lieutenant, he/she shall have their compensattoo increased to Captain at the same ~;tep inthet'apt. pay band. Example: Lt. at Step 1 ,,\'ould go to Step '1 of Copt. pa) baoo~ 5.12.3 If thc employee i~; at)j{c'I~~nl2'of Captain. Captain Medical Officer and/or Captain Fire Marshal, their compen~;ation's;lio1t 110t be increQ~ed. 5. I 2.'1 ,^,ppendi~~ "j\,"fo[ Fire1ighter/paramedic includes 0 sixth (61+1) :;tep. To be eligihlc for thi:; 5tef3 the employee ,. jilw;t ho\'e completed ten (10) years continuous service a:; a Firefighter/Pm;amedic with the City. The :;ixth step will be ~;et at one hundred fifteen percent (J 15%) of top Stc:p FircfighteF S.li+; All ne\V1y hirl?d employees will utilize automatic deposit of their paychecks during their term of employment wltlitl1e City. 5.16 DEFERRED COMPENSATION '5.16. ] The City shall match the p~yrolJ deduction of any vvTit1en request by an employee covered bv this Agreement in an amount not to exceed four percent (4~1c)) of sal~ 5.] 6.2 LEOFF I bargaining unit memhers who have completed 25 or more veal'S of service \\ iJ.h the Citv will no longer be required to make a matching contribution. and IDa\' elect to have all or part of the Cit\"s maximum contribution eonverted_ into longevity in lieu of Deferred Compensation. EB5)I'OS~<\L:LFQ,E_..!.\,COLLECTlVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2002() to December 31, 2011G;;; Page 9 of 46 I Final Version as of 12/30/08 5.16.3 LEOFF II bargaining unjt members who are a minimum of 45 \,ears of age and have completed ] 5 or more years of service \vith the Citv will no longer be ~llired to l11akc..~ matching contribution. and m'!) elect to have all or part of the Ci~ ma~imul1Lcomributi9B convelied intQ longevity in lieu of Defened Compensation. 5,16.4 CONVERSION TO LONGEVITY: Emplovees may elect. by notit,ing the City in writimL9n al}_~lIm.ual basis. that thcY..~'{~llQSQ.l}vert aLLQ!~U!()Jiion of the Citv's con1!ibution to their deferred cOIllj2cnsation to jOJlgevitv. Sl!Ch_f.9!1\ersioIL.;Jl'.W onl)~J2.uermi1le~lin one-half ]2ercent (1/2%) increments. Once an employee has selected to make the conversion from deferred compensation to !ongevitv. they will not be permitted to make any changes whatSoever to lhG percentage converted. for a full 12-month period. Pi\. Y D]FFERENTL'\.LS ARTICLE 6 HOURS OF WORK 6.1 NORMAL HOURS OF WORK-SHIFT PERSONNEL: Pursuant to Section 207(k) of the FLSA, the work period for shiftpersonne] is 27 days, which is equivalent to 204 hours. The normal hour~; of \\ork for :;hin personnel shaJI be an a"'erage of 50.19 hours per \\eek. '.Vith the addition of another Kelly Day in 2007. tIlle -porma] work hours for shift personnel as of January 1, 2007 shall be an average of 49.39 hours perw(}ek for an average yearly total of2,568 hours. 6.2 NORMALJIOURS OF WORK - NON-SHIFT PERSONNEL: The norma] hours of work for non-shift persolmei shall be 40 hours per week. NOll-shift personnel shall normally be schedu.Lc:.QJQ.~~)Ji Monday thrbugh Fridav during such hoursas are assigned bv the Fire_Chief. 6.3 SHIFT WORK SCHEDULES: On or about January 1st of each year, the Fire Chief shall assign shift personnel to one of three shifts: A, B, C. A shift assignment for an employee shall be worked as one (1) day (24 hours) on duty followed by two (2) days (48 hours) off duty, and continuing in that pattern for a period of ei;ht (8) 0seven (7) cHecti\ e January I, 2007t consecutive on-duty shifts; provided this shall not apply to shift transfers. The next immediately scheduled shift shall be an off-duty Kelly day Wh ~;chedulcd ::;hit't [8th scheduled shift effective January], 2007]). Effective January 1.2007 shift employees shall be entitled to one (1) additional Kelly Day, Shift hours begin at 0800 hours and conclude at 0800 l.'JiDl'D..5.bLS tOl~\COLLECTlYE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2009.) to December 3 I, 20UQg Page 10 of46 I Final Version as of 12/30/08 hours each day. Non shift persol~ly be scheduled to work Monday through Friday during such hour~; as ore assigned by the Fire eh ief. 6.4 BEGINNING OF YEAR TRANSFERS: The Fire Chief may transfer as many employees as the Chief deems appropriate from one shift or non-shift assignment to another at the beginning of each calendar year. The Chief shall provide fifteen (15) days notice of all such transfers. 6.5 MID-YEAR TRANSFERS: During the calendar year, the Fire Chief may transfer each non- probationary employee once from one shift or non-shift assignment to another as a permanent assignment or may transfer each non-probationary employee once on a temporary basis to another shift or non-shift assignment and subsequently return the employee to his or her original assignment. The Fire.Chief shall provide reasonable prior notice to a transferred employee, provided that emergency transfers shall be accomplished with such prior notice as is feasible under the circumstances. i\n unlimited number of mid- year transfers of non-probationary employees which are mutually agreed to in writing between the Fire Chief and the employee are permitted. The Fire Chief may transfer each probationary employee an unlimited number of times from one shift or non-shift assignment to another during the period of probation. 6.6 SHIFT AND/OR KELLY DAY EXCHANGES: An employee who has completed L\Vc:Jx~ ill) full months ~ full months of employment with the Department may exchange full or partial shifts o[f full Kelly Days with another employee of the sllcme permanent rank provided that: The change does not interfere with the duties and responsibilities'ip tlreir positions~~ Shift and or Kellv Da}: exchanges shall be considered as substitutions under FLSA 29 U.S.c. 207 (plJ:!nd the City sball haw no obligation to keep records of SllCQ exchanges or to revise the hours of work to reflect the exehang~~~hitl and lor Kellv Dav exchange documentation nlllst bC:'~5.ubl11itted at least 14 hours prior to the shift beiqg exchangeQ . 6.6.1 SHIFT ANDIOR KELLY DAY EXCHANGE APPROVAL - The immediate supervisors of the employee initiating the trade must sign the shift exchanf!e form. thus indicating JlO interference is expected as a result o[ll1e Shift/Kellv Dav exchange. The Fire Chief mal' overrule the immediate supervisor whenjnhis/her opinion. the needs of the department will be negativelv affected bv the exchange.sueh employees f1HClth[l~ no ~;uch interference will OCC~lr as the result of [l mutually a~reeab1c exch[]n~'c L-' L.-' '-'. 6.6.2 Personne1inay have early relief up to two (2) hours before the end of their shift, w-t+ltettt the need for shift stnndby documentation \\ ith notificotion ~o their immediotc supen i~;or and the pre~;encc'ofthe relief employee.. No shift cxchanQc documentation shall be required for an emplove.e bein!2: appropriatelv relieved vvithin two (2) hours of the end of their shift. Verbal communication with the immediate supervisor is required for aceountabilitv purposes. 6.6.3 Shift and/or Kelly Day exchanges in excess of twelve (12) per calendar year require the prior approval of the Fire Chief or designee. The emplovee initiating a Shift and/or Kelly Dav trade shall have the trade counted towards his/her annual limit of twelve (12). The Fire Chief may overrule the findjng~; of immediate supervisors in the event that the Department'~; ~;ervice or troining needs require ~;pecifie employees to be on duty during their assigned ~;hifts. f2ttJ-1-Kelly Dny e)(change~; ma) be br~1I1ted to employees of unequal permanent rank \\ 110 !~KO!'D5,\I~'i.H2R}\ COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and lAFF LOCAL 437 January I, 2002(do December 31, 20 LlOg Page II of46 I Final Version as of 12/30/08 June obtained the prior upproy~li of the Fire----{...;.h-j.ef- or the Chieft; c1e~:ignee. (See~QJl ~ e:"changes ~~hol1 be con~~idered a~; :jub::;litutions under FLS,^, 29 U.S.c. 207 (p). and :he Cit:, ~;holl ho\'e no obligotion to keep record~~ of .;uch exehnnge:; or 10 revise hO'clr::; of ","or]; to reneet the ,~ub:;titution::; 6.6.4 6.6.'1 Out of Rank Shift and/or Kelly Day Exchanges - Out of rank Shift cll1dior Full Kelly Dav exchanges shall be allowed provided enJj)loyees have obtained prior vvrilien apP-Lo\'<:u of their immediate supervisor and the Shift Qu)tain. Such exchaQgfs shall notimpnct tb~ de!)artment financiallv. 6.6.5 Shift Exchnage Pay Back - In the event an employee is unable to work a shift exchange for any reason (i.e., sick leave, emergency leave, bereavement leave, jury duty, witness and military duty leave), the employee shall be responsible to "pay back" the time to the City within ninety (90) days. If the emJ2lovee's absel]Sg..Lesults in the Citvhavini.'. to pav..J)v<;J:lirQs:"Jh~ emptoyee will be required to pay bas:k the tim_c at the rate of 1.5 hours for cacJlJl9jJLO\~~ii.lgJ2.<; deducted from the most approprinte type of leave bank accruaL corresponding to 1he absence. If .illumJ21~e' s absence does lli)}, re"'i.Ll.l1. in the Citv. paving overtim~L_then~.J;J!J12.l!2l..e._~_~",iJU2.~ J2f.!J.l1itted to pay back the time on an hour-for-hour basisto-beAedLLc:l~Q..Jrom..Jh<;_JllQ?t ?-'pJ2[QJ2riate type of leave banLacCI1ljllson':'~illQD5.ting to the abs,encc-,-Jl!is :.)23\ QacK.:.:.m':'QgrilJl1 .':~i!LJ2~__~'yaluateJi.lLLQne--.Lll__y'ear. and the Chief reserves the riQh1...J0-.-ilisco.!J1inuc---1!5e .Qf ;!QjJ rQIJri a_~1~1~~:'...ifi11.1~ga t Lye I \j~lW.(lC l~lh~_ .c1.e..J2!.trt men L 6.6.6 Multiple Party Exchanges -- Full shift exchanges...Jiartial shift exchanges and FuJI Kellv Day exchanQes mav be entered into by multiple parties and are subiect to all the provisions 01' Articlc 6. If the Fire Chief has to become inVolved with Multiple party exchaIH;e di~lltes thi;; section will be removed. ARTICLE 7 OVERTIME 7.1 OVERTIME DEFINED:'i,Overtime is all required and authorized work performed in excess of an employee' sllQPl1al work schedule. Overtime includes required training, instruction, equipment/SCBA repair, calloack and other such work which is required and authorized by the City and is performed during an employee's normally scheduled off-duty time. For the purposes of this l\rticle. Acting Officer compensation hours will be included. 7.2 OVERTIME COMPENSATION: Overtime shall be compensated at the rate of one- and-one-half'CL-1'/2) times an employees houri\! rate in cash or in compensatory time. The form of overtin'1ecompensation shall be at the choice of the emplovcc unless otherwise expressly pr()\;kided bv the terms of this Article. 7.3 HOURLY RATE DEFINED - SHIFT EMPLOYEE: A shift employee's hourly rate shall be computed as follows: Semi-monthly wage rate multiplied by twenty-four (24) pay periods. The result shall be divided by the resul~ or fifty t\\O (52) \\eek:; multirlied by the annual a\emgc_2.568 hours (~f work per weeL for shift employees. PR()I~OSi\l,~lJ)R i\ COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2002(., to December 3 I, 20 U og Page 12 of 46 I Final Version as of 12/30/08 7.4 HOURLY RATE DEFINED - NON-SHIFT EMPLOYEE: A non-shift employee's hourly rate shall be computed as follows: Semi-monthly wage rate multiplied by twenty-four (24) pay periods. The result shall be divided by the rc~;ult--flf fifty t\\O (52) \\ cek~; Illulti pI ied by fort> ('10) 0\ erage hour:; per :week- 2.080 hours for non-shift employees. 7.5 CALL BACK OVERTIME: In the event an employee who has left the work place is called back to duty for a period of time which is less than two (2) hours, the employee shall receive a minimum of two (2) hours of overtime compensation. A-ft:ef-c~act, if ~he employoe i:; unable to work \vithin ':~ixty (60) minutes, their position on the callback list shall be passed oycr without being chnrf:',cdi1l1, ovcrtime oppor~unity. 7.6 HOLD OVER AFTER NORMAL DUTY SHIFT: In the event an employe~ is held over after the expiration of his~-er-her normal duty shift, the employee shall be compen,s.ate<f~t th~ overtime rate for the actual time held over. '.' 7.7 COURT AND/OR SUBPOENAED APPEARANCES: An empl0yee who responds to a subpoena or appears in Court in a case on behalf of the City on off-duty time shall bc paid at .bis oLllIT ovcJ1ime rate for all hours related to such appearances. The two (2) hour minimum referenced in subsection 7.5 above shall apply to cOUJ1 or subpoenaed appeannices. recci',c n minimum oft\\o ('2) hour:; of overtime compcn.;Dtion for such nppearnnce:;. 12-4-08 Still open 7.8 ON CALL FIRE INSPECTOR/DUTY CillEF:'An employee who is assigned to serve as On Call Fire InspectorlDuty Chief shall receive five (5)houFs of overtime and five (5) hours of con1Jlen~:llQrr time tcn (10) hours of oveltime als time-and-one,.ha]ffor each seven (7) day period so served. J]1e Shifl Captain/~ Captain shall be eligible to be Acting Dutv ChiefilurinR__~~.s:j.?1~I<;..u-mstanc~2c.J.J1e Du)tain/Acting Captain who fulfills the Dutythi~f responsibilities shall be compensated per Article 5. subsection 5. ]4.] of this aQreement. ..Jtl tl11;' e\ent ~hat nn On Call Fire Inspector/Duty Chief i:; called out. the employee shall receive 0 mipimumoftwo (2) hour:; ofovcltime pay at time and one halffor each call out. Effec~ive upon ratification; if th(?,.()n Ca]] Fire Inspeclor/Dut) Chief is required ~o be on co]1 on a holiday, he/sho :;hall rccelvet,vo '(2) ho\11':; paid o\'Crtime. The shift Captain shall be eligible to be /\e~ing Duty Chief during special circLlll1'sbnces. 12-4-08 Still open"" 7.9 LIMITA1Cr~~ OF COMPENSATORY TIME: A non-shift employee may accumulate up to tvvo hundred nine(209)'two hundred forty (2'10) _hours, and a shift employee may accumulate up to tWQ hundredseveritv~five(275) ~hree hundred fourteen (31 '1) hours of compensatory time. Compensatory time shalLbe granted unless it is unduly disruptive. An employee may request the Fire Chief to approve cash payment for accumulated compensatory time. Upon receipt of such approval, compensatory time shalt be paid out at the employee's hourly rate for each hour of compensatory time regue~ted J.9_b~ converted to cash. COMPENSA TORY TIME USAGE: An employee desiring to utilize accrued compensatory time shall be required to complete and file a Leave Request form requesting Compensatory leave with the Shift ~tain or Acting Captain Chief or his de:;ignee not less than one hundred twenty hours ( 120) prior to the requested dale( s) of usage. except for holiday.:'i.:. RQguest:; to :;chedu Ie eOl1lpen~~iltorv ti me ~;hould be Il1ncj~ fourteen (1 '1) days in advance of the reilll.fs~ed date. prO\'ided. how~1hQL~QIl~::&1~.irrL~_J~~gll~:,~ 1:L~DI'.()~i\t0JJ.2r~i\ COLLECTIVE BARGAfNfNG AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2009,:' to December 31, 20]]m: Page 13 of46 I hllul Version us of ]2/30/08 wf1:lt less than fourteen (11) days notice may l1e permit~ed only if arrangemen~s c~~n be made for a replacement.no: less than one hundred t\"(;nt)' (] 20) hours prior ~o the requested date(s) of u;;age, e?;ecpt for holiduJc;. Compensntor~' time does net take preference mer "ncation. traininG. special dut\'. l11i~ lem e or FM L,^, leave. Employees desiring to use compensatory time on a city observed holiday shall submit a Leave Request not more than fifteen (15) shifts in advance of the holiday request. On the fifth (5th) shift prior to the holiday, a lottery will be held among the employees who have submitted a Leave Request for usage of compensatory time for the holiday. It shall be understood that no more than a full 24 hours aggregate of compensatory leave shall be permitted per shift, regardless of the number of employees taking time that shift. ~i?lllPen?'ilil.D::Jcjl11~ shall be taken in a minimum of an eightJ.~.L\1oul block for the first eiL!,ht (n hours of ~ornpensatolli time scheduled: thereaner".j.L~.hall be taken .ill minimum increments of one-half (] /2) h(~ (EXAMPLE: One (1) employee taking corriptime for full 24 hour shift, would count the same as 3 employees, each taking off 8 hours the same shift). Usage of compensatory time beyond the 24 hours aggregate described above may be ,granted to other bargaining unit employees on the same day, unless it would cause overtime. The parties agree that there will be no forced overtime in order to provide shift coverage due to use of compensatory leave. Except for holidays, should more than one employee request the same time off, the emp1gyee whose'form was submitted first will be granted the compensatory time off. . - . . . If a member has a vacation slot selected for vacation. the membeYmay lise his/her Exempt ConlJ2~1.1<;atQD. time in this situation. This scenario would not nffect the shift \-vith regard to using: CQ1Iill~lsatorv tim~, 7.11 OVERTIME WORK ASSIGNMENTS: Overtime work will be assigned to employees on the basis of the Fire Service and Emergency Medical Servke needs. For ~rposes of hiring: for overtime. the 1'0110\\ ill€(staffing levels shall be maintained as a minimum: One (I ) Captain/Acting Captain. tV'{O (2) LielJtenahts/ Acting Lieutenall1s and t~Q.i.:;nl~~I_amcd.ics \\ ilh..~l total of eleven (11) on dutv each dav'as'a. minirnum. O"cr~ime will be offered to employees by €-l-as-s-i-fication and/or by po;;;~e;;sion ofthe~spocial ;;I;i]ls required to provide coverage of needed :;cnicc;, ,^, minimum strength ofthrec (3) oft't€el:sla61ing officers, two (2) Pnrnmedics, and ;;ix (6) firefighter" \\ ill be used as a guideline in considering oveli.ime u;;signment. 7,] 1.1 MINIlVIUM STAFFING DURING THE CONTRACT RESPONSE AGREEMENT WITH SOUTH KITSAP FIRE & RESCUE (f3oundarv drop): While the S.K.F.R. contract is in clrec\. ~LJJ.liDj 111 LlDL sta ffi n gl eve I .Q[ 1 2 \DlLJ2~. 111 a i ID a in ed ;"_Uli5.....s h ,\l.LJ.m:Jll d e ..E_llliJlilE u T1l..52LJ.bil:..C....LD officers/acting officel:s. three (3) paramed~~.a.mi..sj,;-;_DiL[!IT..nghL~rs, 7.1];2 Minimul11 Staffing as of Julv I 2009 will be (12): one H/C or. acting H/e Olcomp.<:!1l.\ ofllcers(Captall1, Lieutenan1s/ Acting I icutenants) or. (3) P,mlmed ics for a total of (12) on dutY' each .cIav. With th~ SKER contract min. staffing shall be 13: one H/C or acting S/C (3) company officers (Capt.! .Lieutenants/Acting lieutenants) or, (3) Paramedics for a total of 13 on duty each da\'. 7.12 CALLBACK PROCEDURE: 7.]2.1 Using the monthly staffing calendar. confirm the status (on-duty, off-dun. vacation. K- dav. educational leave. administrative leave. sick leaw. disabilities. et~ of all shift mel11bers. SJ)(~cificall\' no(<,;, the. number or officers..J..Caplain/Actjn,g, Captain. Lt.! Acting..JAJ. panll21~.ili~_s an.li firefighters scheduled to work. EBD.t'QSALs'JOHlLCOLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 2002f) to December 31, 201J O!\ Page]40f46 I Final Version as of ]2/30/08 7.12.2 Usjn.lL1hQ.J:!!lnimulJL5.1affin!2 recoml1Jendations found_.UL!.] 1 above,. identi1)~~\JlatJ2!.)sitions are needed to fulfill minimum "ta.ol!}g.l(;.:LeJ~ 7.12.3 Using the overtime roster. identifv the employee havine. worked the fe\\est number oJ overtime hours and determine if they are available and eligible to fill the needed.overtUll<:: position. In the event that two (2) or more members have an equal number of cuhlulati\e overtime hours. relative seniority position shall determine the order of eligibility, 7.12.4 The Captain/Acting Captain shall personally contact an enlployee with an offer of overtimG work and the contact shall b,e noted on the oveltime card file. whicb shall h.Q_!d,:;.c.d_.ill maintain records of calls made and responses received~ 1..1 2.5 .IX O\eltime is needed for an ()fficer_PQ.~.ition. and if the of Ticer is the individual withthc; lowest number of hours. hire.1h.r;;..2Ql<::cr. CUt is_llQLl!IU!jI~.fL. lls.G.J!<:.tlnlU!.1ricIT~JronU:llc; shift..illl.<i...llire the emplO\ee with the least number of overtime hours that maintains minimum staffin!2 identified in section 7.] J abQ\ e. 7.12.6 The Captain/Acting Qmtain has the authoritv to move or reassign personnr;;1 fl~om station tC2 station when needed to balance the experience levels between stations. This shall in<:lmiQ moving regularly appointed officers in lieu ofusimz acting officers. 7.12.7 Overtime duration in length of less thalhthj:ee (3) hours shall be assigned at the ~iiscretiol1 of the Captain or Acting Captain. 7.12.8 New..J;mplcwees shall complete ()ne.( l) year of employment with the dep'aJtm~ntJ!.f.[QE~ their name is added to the o~'eJtliile roster. ..The nevvlv cligible empl.Q)~ee shall be placed on the overtime roster according to the following formula (# of eligible emplovecs X 0.75= relative position on the o\ertime roster). 7.12.9 In the eventnG onc accepts thc overtime ~!ssif2,nmenL the CclRtain/Acting Captain shcill "force hire" whoever has the least number of overtime hours and is eligible to fill the position from the employecs currently on duJ\.. In the case where no on-dutv personnel are eligible tbbe force hired. the Captain/Acting Captain shall revolt back to the overtime roster and begin with the en1J2l.Qy~e havin!2 the fewest overtime hours who is elig.ible to fill the position. Cmplo.)::.ees lY@}:..9nhk forc~:I1j~iL one (D rank below their current rank, Employees that are forced in shalJ haye the option of not counting any or all forced iwcrtime hours nQt ha','c those hour:; counted on the oveltime roster. EnJ.plo\~~ii.lb.9.L0].:~ forced in can find eli!2ible emplovees to fill theiu2osition. Emplovees on their.llaid leave cycle. during shift trade{standbv__~.k._, duriJ}g a Kelly dav cvc1c. Lah~QI Conference/Negotiations for the Union Executivl.? Board or on an empl~ schc~l1!l~cl educational leavetime are not eligible to be force hired. ColI backs for overtime shall be mode from the o,-ertime callbacl; chart. The order of callbaeh shall begin ,"'.ith the employee who holds the same ranI; a:~ i:~ needed to maintain minimum on du~y :;trenb>th, ond \\ho has been presonted \",jth the least number of oPPOliunities to ','I'ork overtime. and sholl proceed through the CQllbacl~ chart on that ba:;is until an employee holding the oppropriate run]; agrees to J.'J:WJ.'Q5.6J .S.l-OR ,\ COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 200<}f) to December 31, 201 1m: Page 15 of 46 I Final Version as of 12/30/08 W6i~1 the event no employee ofthe ~;arne-ffitt+rls {l\ailablc to wor\;, the order of callback ::h:111 procccd to the em-j3foyce who ha~; boen presented ,\ ith the Ica:;t number of opPol1unitie:; to work 0\ enime. regardles:; of rank, and shall~d throu:;h the callback Ch;111 on ~h[lt b[l:;j~~ until an employee ngrees ~o \\'orl~, or is ordered to work in accord \\ ith Ihe pro\'ision~; of ~hi:; :;ection. In the eve111 Ih;;: t'so or more employees hU\'e had an equal number of opport~lnitie:~ 10 worl~ O\TI"time, the mo::t ~;enior employee ~;ha-l-l be called fir~;t. 7.13 CALLBACK RECORDKEEPING: AILO\enlme_h.9urs compensate1.\\ i1b._overtilJ}~j@~m compensatoI)' time shall be entered on the overtime roster exceQt for employees forced J!:!ariciJl19-,~ ~orking Christmas. and Union oITicjat~J)erfo'!}l1.im:;. Uniordlll1ctions in which the\ can onl\ rec;:~ive IlS!~ "Exempt CompensClton" time. All overtime slips fix shij~rsonnel shall be routed throug,htl1e Captai1J~ orrice and placed on the dai" and overtime rosters. The overtime list \,ill be rcs5t oliJanuarv 1 Sl of each ca !endar war. The CaptaiH//\cting Captain shall per~~onally contact an cmplo)'ce \~;'ith all offer of O\e11i me vmrk, the contact ~~hall be noted on the o~ card file, v,hieh shall be usedio;mriiiilain records ef.-€.rrl-l.s mude and response~; receiwd. ,^,n employee who refu~;es an otTer of overtime \y()rk shall have hi.:; or her fe€-6f€I reflect the fact that an oyel".:ime opportunity was pre.:;ented aDd refu:~ed by the emploj'Ce. In the event an employee is presented with an oPPol1unity to worl; o\'ertirne for a panial :;hift, each oppOli~mity e-H-ifteen (15) consee~ltjYe h()ur:~ ~;hull be con~;idered an oveliim,c work oppOliunitj. Upon contnct-i-ltg4fie employee with nn offer of 0\ ert-i-fRe---\\ork. the contact shall be notcq on the overtime card file. which :,hall he lIsed to maintain rec()rd~~ of calL; made and re:;ponse~~ received. ',^.n employee \\ ho refu~;es an otTer of overtime \\orl; ~;haJI hu\'C hi:; or her record reilect the 1~lct that [~n o\'cnimc opportunity wa:; pre:;ented and refused by ~he employee. 7.14 CHRISTMAS OVERTIME: Christmas O\'eliime rules shall be applied as above except those el igible to fi II the Qosition shall be otTered 1heoPRoi'tlln it.Y_lo work the overtime prior to force hiril}g someone to ,vork on Christmas Dav. The enip10vee shall have the..Jllltion of counting or not counting lhe overtime hours on the overtime ros1er.ThcChristma:~ O\cl1ime hours :;hall not be c(~~tI::!f.~iHt€ f65{:ef-; All other overtime provisions shallapRfv. 7.15 EMERGENCY CALVBA@;}V:c. During times of natural or man-made disasters or emen!encies. the Department mav feel then~cessitv that additional personnel are needed. In this event. the Depanme!:l1 will activate an "Emerg:encv Call"Saek" of personnel. All leaves and time off mav be canceled by this type of event that requires mandatorv repOliing for dl.!JY,. 7.13.1 REFUS,A~L Of OVERTIME: Upon receiving an offer of oveliime work, (\n employee may decide t,~refl1se the tJrst offer or \Vorl; the owr'..imc. Each acceptnnce and the second refw;;11 ~~hall,l:le rccol~ded ns an opportunity to wod; ovel"time. Onl)' one (1) pas~; per t\',enty four (2'1) hour sHoll be permitted. 7.13.2 OVERTIME REFUSAL EXCEPTlONS: ,^,n on dLt:y employee or on employec who 'refu:~e~; an ovel".:ime work Opp0I1u11it)' which occurs d~lring the cmployee':: paid leave cycle~ during a shift trode/:;tandby cycle. during a Kelly Dny cycle. Labor Confere11ees/l'Jc;;Oiiation~; for the Union Executive Board, or during an emp]oyee'~; scheduled education :ime, :;hall not hm e the ofTer recorded as an oppor:.uni~y refw;ed 011 hi:, or her record. ORDERED OVERTll\1E: In the event thut no employee nccept~; ~1l1 offer to worl~ ()','ertime utter completing one full rotation through the overtime chm".:, the fir.:;t employee contacted on the second time through ~he ro~ation shall be ordered to ,,\ork the ()','el"time provided that sLlch an employee i:; not on paid Icme cycle. I'KOtDcS!\L5JJ).B,J.l.COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2002(' to December 31, 20U mi Page 16 of46 I Final Version as of ] 2/30/08 on a ~;hift irnde/stnndby cyclc, on a Kelly day cycle, Labor Conferences/Ne60tiation~; for ~he ~~nion Executi,,'e Board or on an employee's scheduled education time. 7.13.3 CHRISTl\1AS-4VERTIME: O~:r€-Bn Christmo~; Day ~,h~dl not bc counted ~IS an en crtime opportunity. /\]1 other overtimc pr()\i~;ion~; ~;hnll apply. 7.14 EMERCENC.;v-GAbb-BAGK: D~jrin;; ~imc~; of natural or man made di~;~l~;tcr~; or cmerg.encic~;. the Department may feel the neec~si;y that ad€l-i1ciooal pCL;oTlncl me needed. In this cvcn~. thc DCpultmcnt will nctivate on ''Emergency Call Back'> of per~;onncl. All ]cave~; ~lI1d time off may be caJ1celedby this t)'pe of event that requires mandatory rep0l1ing to duty. This section doe:; not apply to atypical f1L;t or :;ccond alarm emergency. ARTICLE 8 V ACA TION LEA VE 8.1 VACATION ACCRUAL: Employee shall accrue vacation leav~ with pay for all regular hours worked pursuant to the following schedule: NON-SHIFT EMPLOYEES SHIFT EMPLOYEES Years of VL Hrs Annual Holidays Total VL Hrs Annual Holidays Total Service Earned per Accrual Earned earned per Accrual Earned pay <~'i ~.p.ay Non-shift Shift emnlovees employees Hire -- 5 yrs. 4.315~ hrs 105 hours 88 hours 192 hom"S> ~'6.0226i, 146 hours 88 hours 234 hours hours 6'" - 10th yr. 5.666 hrs 136 hours 88 hours .224 lIours 7.933 hours 190 hours 88 hours 278 hours 11'"-15'" yr. 7.333 hrs 176 hours 88 hours 264' hours 10.266 hours 246 hours 88 hours 334 hours 16th-20th yr. 8.600 hrs 206 hours 88 hours 294 hours 12.040 hours 289 hours 88 hours 377 hours 2l-'J1 yl~-t.W-'~ Utf>f, h~ 2~l&-~l{lU1'S g.g...j1HHf:S ;!.%-IHHm; .1-2-1.;:;.~ home; 2,!J-t-lwtI1'S gg..oow';, 37 JiH1iHl rs ~J ~1.J~r~. cu::. > X5lJ 7..ll[~ 21:1 hours ~a hOllrs 302 hours I)" 000 hour> 3]2 hours 8Xho_llrs :100 hour, 8.2 VACATION ELIG'Il~ItITY: An employee becomes eligible to take accrued vacation leave upon completion of six (6) months of continuous employment. In the event an employee resigns or is discharged prior to thee completion of six (6) full month of employment, any accrued vacation leave shall be forfeited. Vacatiori "leave must be fully accrued prior to the time an employee utilizes any vacation leave. I-lours earned'during a pay period are not available 10 use until the following pa\~JiQ..Q., 8.3 Y ACATI@N SCHEDULING: Annual vacation leave shall be authorized by the Fire Chief or the Chief~ designee. Non-shift personnel shall schedule vacation leave by mutual agreement of the employee and the Fire Chief or the Chiefs designee. Shift employees shall select their vacation choices by seniority within shift assignment and through application of the following rules: 8.4 MINIMUM VACATION LEAVE REQUEST - SCHEDULED VACATION: Scheduled vacation leave shall be taken in a minimum of an eight (8) hour block for the first rigblJ,8) hours of vacation leave scheduled; thereafter, it shall be taken in minimum increments of one:l1a If (lQ) hour. 8.5 MINIMUM VACATION REQUESTS - SAME DAY REQUESTS: After the 1st hour, "Same day" vacation leave shall be recorded as actual time taken. Full shift requests shall have priority over I.'KOl:'flSALl:i.I:Cm_ '\ COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and 1AFF LOCAL 437 January I, 200'}f) to December 31,201100 Page ]7 of46 I Final Version as of12/30/08 partial shift requests for on same day vacation leave. Same day requests for vacation leave will not be granted if the shift is at a minimum staffing level. 8.6 VACATION LEAVE SELECTION: Each employee may select vacation leave consisting of nine (9) connected twenty-four (24) hour shifts plus the employee's regularly scheduled Kelly Day. Two (2) vacation slots and unused Kelly Days shall be available for pre-selection for each day ofthe year from which selections can be made. A lottery shall be held in order to allow employees to compete' for the unused Kelly Days. It shall be understood that employees who receive an unused Kelly Day via'lottery, shall lose the Kelly Day in the event that is subsequently becomes filled due to a new hire or promotion. 8.7 TIMING OF VACATION LEAVE SELECTION: Vacation selections will begin December I sl by seniority, for the following calendar year. Upon being personally contacted, ih~ employee will be provided up to twenty-four (24) hours to make his/her selection. Any selection not completed within the allotted time shall constitute a pass. Vacation selections shall continue through,senlority rotation until all employees have selected all shifts they intend to take during the next calendar year, but in no event later than March 3 I st. After March 3 I st of any year, an employee may,request vacation leave at any time during the balance of the calendar year, however, approval shall be subject to whether or not the shift is at minimum staffing on a same day selection. 8.8 CANCELLATION OF VACATION SELECTION BYAN EMPLOYEE: In the event a vacation selection which has been made and approved is subsequently canceled by an employee, the vacation selection so canceled shall be made available for selection to other employees as soon as feasible, provided however that the shift is not at a minimum on a same day selection. The vacation must be canceled by the employee not less than 70 hours prior to the start of the scheduled vacation leave. The canceled vacation slot shall be selected by lotteryonh if both the vacation slots are taken. from the employees on the same shift. ' , . ' , " 8.9. MAXIMUM VACATION l:~~iXE ACCRUAL: The maximum accrual of vacation leave that any employee shall be allowed to carry'forward from one calendar year to the next is as follows: .,. - .'; ~ Years of Continuous Employment Non-shift Personnel 'Maximum Balance Shift Personnel Maximum Balance o through Five (5) years More than Five (5) years 160 hours 240 hours 210 hours 315 hours 8.10 VACATION LEAVE BALANCE GREATER THAN MAXIMUM ALLOWABLE: In the eventan elllployeehas been prohibited from taking sufficient vacation time to reduce his or her vacation balanceJo the, maximum allowable carryover at the end of a calendar year, any hours in excess of 36 houfsLshall be paid out in cash at the employee's straight time hourly rate the last pay in January. Emplciyees will be required to submit a written request to the Fire Chief for vacation payout specifying the reason(s) for which they have been unable to take vacation leave in order to reduce their balance to the maximum allowable carryover. An employee whose accrued vacation leave exceeds the maximum carryover balance plus 36 hours at the end of the calendar year because he/she failed to timely request vacation leave, or waited until October 1 st or later to request adequate vacation leave to reduce his/her balance to the maximum allowable, shall have any excess leave scheduled by the Chief or his/her EI<"Oi.'DS!\L'il:il15-lCOLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January], 20024 to December 31, 201 109 Page 18 of46 I Final Version as of 12/30/08 designee with 72 hours advance notice, within the months of January, February or March ofthe following calendar year. 8.11 SCHEDULE CHANGE BALANCE ADJUSTMENT: 8.11.1 NON-SHIFT TO SHIFT: In the event an employee's normal hours of work are changed from a non-shift schedule to a shift schedule, the employee's accrued vacation hours upon the date of change shall be increased as follows: Accrued Hours Xl.]] 3 ~ = Employee's accrued vacation hours balance. 8.11.2 SHIFT TO NON-SHIFT: In the event an employee's nonnal hours of work are changed from a shift schedule to a non-shift schedule, the employee's vacation hours upon the date of change shall be decreased as follows: Accrued Hours X 0.76264+ B = Employee's Vacation Balance. " 8.12 VACATION BUY-BACK: Upon the approval of the Fire Chief, an employee may receive cash compensation at the employee's straight time hourly rate for any accrued and unused vacation time. Requests for payment shall be made in writing to the Fire Chief during the 1st half of each year (January 1st through June 30th), and will b~d o~G9-lIall\ (divide the numbers of DOur bv lhe number of ~l1lplovees thaLPJlJ in for pay Ollt) bv .llIIY221l~ond l1lay not be used for canceled \'ac~ltjon:;. 8.13 VACATION PAY-OUT: Upon the retirement;or te,rmination of an employee who has served six (6) continuous full months or employment or more/or 'upon the date of an employee's disability retirement, the accrued vacation leave of suchempIQyecifwill be paid to the employee in a cash lump sum payment. ARTICLE 9 HOLIDAYS 9.1 HOLIDAYS OBSERVED: The following holidays shall be observed by the City: New Year's Day Martin Luther King's Birthday President's Day Memorial Day', Independepce~pay Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas 9.2 OTHElt,IioLIDAYS: In addition, any other holiday proclaimed by the federal or state government, provided that the City takes official action to have such holiday also observed by the City. 9.3 'FLOATING HOLIDAY: Each employee shall be allowed one (1) additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Fire Chief. 9.4 HOLIDAY COMPENSATION - NON-SHIFT PERSONNEL: Non-shift personnel shall receive eight (8) hours of time off with pay for each holiday observed by the City and for a floating holiday for each employee's choice. If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. PRQE.Q5.6LS I"OI~",-COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2002(' to December 31, 2011m: Page 19 of46 I Final Version as of 12/30/08 9.5 HOLIDAY COMPENSATION - SHIFT PERSONNEL: Shift personnel shall receive 3.666 hours added to their vacation leave accrual rate per pay period in lieu of all holidays. Accumulation and taking time off in lieu of holidays shall be accomplished in accordance with the vacation leave provisions set forth in Article 8. ill lie~l of additional compensation for tho~;e employee:; :;chedl:H€d 10 \, or\; o~ Yenr':; Day, Memorial Day. Independence Day. Labor Day, Thnnl,sgiving ~lnd Chri-"tffl--aS, the fol!owin; will app~le City \\itl pn) 2'1 hour:; of :;traight time P~lY to all bargain in;; unit memberS-ftl-l:-heir b;l:~e Sillary rate effectiyc a:; ofthc d:l1e of :;ignin~)\'idcd that the emplo)'{;e i:; on the payroll on 10/3 I of the ) car, and has been \,orkin; a 2'1 hOllr :;hin pHs+t+on for ::i); (6) month:; durin;; that calendar :,'car. The 21 hour:; pay-wttl-be included in the first pay check in Noycmbcr each year. Nev, employee:; attendiRg-t-fl€ Fire ,\cadem.y-&l+a+1-bc comidered ~hift empl()yee:~ for Ihi:; benefit. 9.6 In liell of additional compensation t(")r those emR]OY~Qii sch~du leg to \\ork on NevI' Year's Dav. Memorial Dav. Independence Dav. Labor Day. Thanksgiving and Christmas. the f(}lIowing \\ill.-JW1~ The City will pay 24 hours of straiu.ht time at the employee's current pavband as listed in Appendix A. :;traight time pay to all bargaining unit members at their base :~a1ar)' rule cffcetiye as of ~hc date of si;;ning: provided that the employee is on the payroll on ] 0/31 ofFheyear. ancl has been \\orkj.DRiL.24 hour shift position for six (6) months during that calendar veaLThe 24 hm\rs' pay will be included in tb.~ first Ray check in November each year. New employees attending the Fire Academy shall be considered shift employees for this benefit. 9~1~ The City will pay all shift bargaining unit membefsan additional 24 hours of straight time !HJh~ ~lP]O\C(s eurg;llLpay band as listed in Appendix A the 1st pay check in December, in lieu of a reduction in hours, subject to the same terms andcoilditions as outlined in the abo\e section_2.Ji. ARTICLE 10 SICK LEA VE ANDTNbUSTRIAL DISABILITY 10.1 SICK LEAVE ACCRUAL:. '.. 10.1.1 . NON-SHIFT EMPLOYEES: Non-shift employees shall accrue sick leave time with pay at the rate of four'(4j"hours for each regularly scheduled pay period. Partial pay periods will be pro-rated to the closest full hour. 1 0.1.2 SHIFT EMPLOYEES: The annual accrual for shift personnel will be eight (8) hours per pay periog.E1Tectiv€-fls of the date of signing, nblew employees hired :;uk;equcnt to that date shall:earll') 0 hours per pay period for the first five (5) years of employment as long as they are assigned; to shift work. Should a shift employee be transferred to a non-shift position at any time during their first five years of employment, then the employee will accrue sick leave pursuant to Section 10.1.1. Partial pay periods will be pro-rated to the closest full hour. 10.2 DONATIONS OF VACATION LEAVE: Donations of vacation leave permit employees to aid any City employee who is suffering from an extraordinary or severe illness, injury, impairment, physical or mental condition, or whose spouse or minor children (mider the age of 18) are suffering from a life- threatening injury or illness, or in the event of their death, which has caused or is likely to cause the employee to take leave without payor to terminate his or her employment prior to a determination that the PJ'Dl)i)5,~I.\FQF.,\COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2002(') to December 31, 20UQg Page 20 of 46 I Final Version as of ] 2/30/08 affected employee is not expected to recover to an extent that will enable the employee to resume his or her normal duties or the duties or another position with the City or another employer. ] 0.2.1 ELIGIBILITY: An employees who (1) is suffering from an illness or injury causing his or her extended leave absence from work, or whose spouse or minor children (under the age of 18) are suffering from a life threatening injury or illness, or in the event of their death, and (2) who has depleted or will shortly deplete his or her total available accrued vacation, sick and floating holiday leave, may request donations of vacation leave. 10.2.2 CRITERIA FOR APPROVAL: A request for donations of vacatioitleave shall be submitted to the requesting employee's Department Head acc01121'anled" by medical documentation verifying the medical condition requiring the need for leave,"'an&,the time period during which the employee can reasonably be expected to be al:Js~n(\fromwork due to the condition. Upon verifying that the requesting employee meets all of th,~ 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, if so, shall approve the employee's request for donations of vacation leave. 10.2.3 NOTIFICATION: Upon approval by the Mayor, all City employees shall be notified of the approved request for donation ofleave. .,^' <' ~CONDITIONS OF DONATION: An'~~.Q1~1'0y~e who has been employed for at least six (6) months who desires to donate accrued vacationJya'{(e'to a requesting employee will do so as a free and voluntary act and no duress or coercion shall'D~!v]aced upon an employee to make such donation of his/her accrued vacation leave. Emplqxtfes,~ho are utilizing donated leave to cover their own absences may not donate leave to an()~1Ter employee until such time as they have returned to their normal schedule, and any excess donationsiimade to them have been returned pursuant to 10.2.6 below. An employee who desires to don,ate vacation leave shall complete a Donation of Vacation Leave Form and submit it to his/her DepartmeJ1tPlead. 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 fulFhour increments and shall be credited to the employee on an hour-for-hour basis. A monthly update d[theicondition of the employee by the attending primary medical doctor shall be required and fUl1}}sh~.crt6 the Department Head. 10.2.4.1 LEA \IE ACCRUED FROM DONATED LEA \IE: Anv leave accrued will be used first each pay period before the balance is deducted from the donated lea\'C . 10.2.5 USE OF DONATED VACATION LEAVE: An employee who has received donated vacation leave will be able to use the sick leave in the same manner as if he or she had personally accrued the leave, provided that the use of the sick leave is in conformance with the provisions of this Article. 1:'l\OI'OS/\L1i FOR f\ COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January], 20026 to December 3], 20JJoo Page 2] of 46 I Final Version as of12/30/08 10.2.6 RETURN OF EXCESS LEAVE DONATIONS: In the event of excess donations received but not used due to early recovery, resignation, retirement or death, all donations received but not utilized shall be returned to the donating emp]oyee(s) based on the proportion of hours that employee donated in relation to the total hours donated by all employees (e.g. an employee who donates 50 hours of 450 hours total donated shall be credited with 50/450ths of the hours not utilized). Such returned leave shall be reflected in the appropriate leave balance as soon as possible. Time donated for this purpose will not be considered as time used during the donor's performance rating period. 10.3 MAXIMUM SICK LEAVE ACCRUAL: ]0.3.1 NON-SHIFT EMPLOYEES: Non-shift personnel shall be allowed't:o accrue sick leave up to a maximum of nine hundred and sixty (960) hours. 10.3.2 SHIFT EMPLOYEES: Shift personnel shall be allowed to accrue sick leave up to a maximum of fourteen hundred and forty (1440) hours. ' 10.4 SICK LEAVE INCENTIVE: ] 0.4.1 NON-SHIFT PERSONNEL: Anv non-probalion.ill:J~lJ2J5.2Y~~_~0\.:flT(LJJJ)der ..1his Agreement \\ ho does not utilize his/her sick leave benefit from January 1 'I through June 301tl inJI calendar year shall have their vacation leaye balancc credited v,'itIUill additional hours on the Pill l2f[iQd ending July 3 J SI. and. anY.JlQ!l:12!,ohational'v emplO\:ee \\l19..Jioes D5.lLldlilizc..bis/l~L.01~ls 19a \Ie ...9..Q!1. cfl t fro m..1..!lb~l-'-~J h 1'0 u ghJ2ec cm her 31~ s h illlllm~Jh.~iE__,{<:l~illiml.J c a v c b.ill!ll:!f~_~re@c:sl \vith eightlJllildditional hours on thc.J2avpeJi9d cnding)an.l!iiD 31, /\ny non shift cmployee who has more than five (5) years of Goniinuou:; full time paffi employment '>'Iith the City and, who' tal;e~; thirty two (32) hours or less of sick Iea\e in the calendar year follov,ing the firth)car of cmployment und any ~;ub:;equcnt calendar year. ,;holl haw eight (8) hours added t()hi~; or her vacation leaH' balance at the beginning ofihe fol!r)\',in-g ...... ; - '- '- y calendar year. 10.4.2 SHIFT EMPi'OYEE: Any non-probationary shift employee covered under this Agreement ,,;;ho does not utilize his/her sick leave benefit from JanuarY' 1'1 through June 30lh in a calendar vear'shall have their vacation leave balance credited with eleven point t\VO (11.2.) additionalhours dn the pav period ending .I Lily 31 'to and. anv non-probationary shift en.ll2lovcc who does hot utilize his/her sick leave be11e1lt f[Qm .Iu1v 1 sl thrOlIQ,h Decem.ber 3.1" shall.Jl?Yc their.\acation leave balance credited with eleven point 1\Y'0 (11.2) additional hours oILth~.J:)a\: . J' d' J ') Sl penocen mil anuary.J I' . /\ shift employee \\ ho ha~; more than fi\ e (5) year:; of continuo,,],; full employment \vi~h the City and who ta];c:; 'J '1.8 hour:; or le~;~; of :;ick lea\'e in thc "following the fifth year of~)) ment and any ~;ubseqLlenl culendw') car, ~;hall added to his or her vacation leave balance at the be;;inning of the following timc paid calendar :' car hD\c 11.2 hour:; calendar yei:tr; 10.5 SICK LEAVE RETIREMENT PAYMENT: An employee who retires from City service on a service or disability retirement shall be provided a Sick Leave Retirement Payment as follows: I'J~ ()l)~)~!\L).J:DJ~ ,'.\. COLLECTIVE BARGAIN ING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,20024 to December 3 I, 20.1J.()g Page 22 of 46 I Final Version as of] 2/30/08 10.5.1 NON-SHIFT PERSONNEL: Thirty-five percent (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours) will be paid to the employee at the employee's regular hourly wage rate in effect at the time of retirement. 10.5.2 SHIFT PERSONNEL: Thirty-five (35%) of the employee's accrued and unused sick leave hours to a maximum of 35% of 1440 hours (a maximum total of 504 hours) wiIl be paid to the employee at the employee's regular hourly wage rate in effect at the time of retirement 10.5.3 The City agrees to aIlow LEOFF II members of the bargaining unit to participate in the Washington State Council of Fire Fighters Medical Expense Reimbursement Plan (WSCFF MERP) and contribute $45.00 -B-:OO per month through a payroll deduct~on the first (151) paycheck of each month. 10.5.3.1 Upon the retirement of a LEOFF II bargaining unit employee, the City shaIl remit the following to the WSCFF MERPon behalf of the employee: . Sick leave cash out contributions for LEOFF II bargaining unit members who retire shall be established pursuant to the IAFF Local 437's Constitution and Bylaws. On or befoteDecember 15th of each year it shall be the IAFF's responsibility to notify the City, in writing, of any changes to its Constitution and ByJaws regarding the required employee contribution. 'c. 10.5.4 This provision shall not apply to,anyLEOFF I bargaining unit members and will only apply to eligible LEOFF II member('The'WSCFF MERP plan is established in accordance with applicable federal and state regulations.-The $12-B.00 deduction shall be made on a pre-tax basis on behalf of the employee totheWSCFF MERP. The monies contributed to the plan shall only be used for retiree heal!h insurallcepremiums or health care expenses. These contributions shall be included as part of salaryfof the purpose of calculating retirement benefits.! 0.5.5 Effective January I, 2008 tIbl:\ City will contribute $30.00 per month to the WSCFF MERP for each eligible LEOFF II bargaihing unit member,~and the employee shall contribmc $45.00 for <) tota] of$75.00. 10.6 PAYMENTJ)Y SICK LEAVE UPON DEATH: In the event of the death of an employee, the employee's esta!~sb~Ifbe paid for the total accrued and unused sick leave hours at the employee's regular 1;lOurly'wage rate in effect at the time of death up to a maximum of 960 hours for a non-shift employee,PJ afmaximum of 1440 hours for a shift employee. 10'?','SICK LEAVE USE: Sick leave must be accrued prior to use by an employee. Hours earned durimi<:apav period are not available for use until the following pav period. Sick leave shall be made available to each employee up to the amount of each employee's accrued sick leave balance, and shall be used in increments of no less than one-half (1/2) hour to cover an employee's absence from his/her regularly scheduled work hours due to: 10.7.1 The temporary disability of an employee resulting from his or her personal illness or injury. J~IS.o1)D~\U2JJ21\..i'LCOLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 2002() to December 3 I, 2011G& Page 23 of 46 I Final Version as of 12/30/08 10.7.2 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. 10.7.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such caierequires parental presence to supervise or authorize treatment. 10.7.4 Upon the birth or adoption of a child, an employee may use accrued ~i9k leave and/or vacation leave pursuant to FMLA. 10.7.5 Providing care for an employee's immediate family member as provided for in Section 10.7.2, 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. 10.7.6 The employee has the ability to select the type ofleave to be utilized except for themself and family members with medical conditions thatliJualify for~FMLA, which will be charged against available sick leave except for the birth or adoptj()n ofa child upon which vacation leave may be used. 10.7.7 The temporary disabil ity of an employee. resulting from his/her personal illness or injury or for their children under 18 who have health conditions requiring supervision or treatment pursuant to WAC 296-30, or for inimediate family members pursuant to FMLA. 10.7.8 Eligibility shall be goverrft4 6y the provisions set forth in Federal or State laws, as currently written or hereinaft~f am~!)ded. 10.8 NOTIFICATION OF SICK LEAVE USE: An employee who is absent or expects to be absent from work due to causes specified'~in<l 0.7.1 above, shall provide notification to the Department as follows: 10.8.1 ROUTINE APPOINTMENTS: . 10.8.1.1 ANTICIPATED ABSENCE: An employee who schedules a routine ,medical, dental or oculist appointment shall make every reasonable effort to 'schedule such an appointment on their off duty days. The employee shall give at least seventy-two (72) hours prior notice of the date and time of the appointment to his or her immediate supervisor. An employee's immediate supervisor may request that the employee reschedule routine appointments when, in the judgment of the supervisor, the scheduled absence of the employee would unduly interfere with the operations of the Department. An immediate supervisor shall not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments. 10.8.1.2 UNANTICIPATED ABSENCE: An employee who is absent from work or who will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in 10.7 above, shall promptly notify the 1'-8Jll'.(1~i~L\Jil!L,j~ COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2002(" to December 3 I, 201] (~ Page 24 of 46 I Final Version as of 12/30/08 Department by telephone or otherwise by 0700 of the day of his/her on-duty shift, and must make contact with on-duty personnel. 10.8.1.3 SICK LEAVE DURING AUTHORIZED PAID LEAVE: An employee who becomes ill or is injured during the employee's paid vacation or compensatory time off may request the conversion of such paid leave to sick leave with pay by promptly notifying the Department of the illness or injury at the time of the illness or injury, or as soon as is reasonably feasible and providing such information as is required by the Department to verify theappropri~teness of such a conversion. 10.9 SICK LEAVE DOCUMENTATION AND APPROVAL: An emploieewqo"has been absent or on sick leave shall, during his/her first shift back to work, be require~to;submit such forms and provide such information as required by the Department to approve the usei6f'~icJ<. reave with pay for the absence. The Department may require an employee to demonstrate that he or she has sought treatment, taken appropriate precautions or otherwise effected measures to,;<;9rrect the condition causing the employee's absence. Such demonstrations may take the form ofpers~marstatements of the employee, medical examinations or certifications of appropriate professiol1als as tO,the nature of the illness and/or injury of the employee, the employee's child and/or nature of the illness and/or injury of the employee, the employee's child and/or family member, or other methods appropriate to the circumstances. The Department may require an employee to provide a Fitness for Duty certification by a professional physician that the employee is sufficiently recovered a~tobe able to return to work without posing a health hazard to himself or herself or to other membersoftl1e workforce. Sick leave must be approved by the Department prior to payment. The Department shall hot unreasonably withhold approval of sick leave with pay from employees. \i., ,< 10.10 INDUSTRIAL DISABILITY i\,NDLIMITATION OF SICK LEAVE USE FOR LEOFF I EMPLOYEES: An employee who quaUfies for and is included in the Washington State Retirement System commonly referred to as "LEOFF,I"; shall have his or her use of sick leave with pay limited to six (6) days for a non-shift employee, or,two (2) shifts for a shift employee of sick leave with pay for each personal or work-related sic;ldeave absence. In the event the employee's absence extends beyond six (6) days, or two (2) shifts, the emplOyee shall apply for disability benefits provided through LEOFF 1. In the event of the employey,:s disability extends beyond a period of six (6) full months and six (6) days or two (2) shifts, the employegs,shall apply for disability retirement benefits provided through LEOFF 1. The employee's accrued<apd uhused sick leave hours shall not be used to extend the period of disability beyond six (6) m,ontns)1iid six (6) days or two (2) shifts. 10.11 lNDUSTIUAL DISABILITY LEAVE FOR LEOFF II AND REGULAR EMPLOYEES: A regular. employee who qualifies for and is included in the Washington State Retirement System commonly referred to as "LEOFF II', and who incurs a work-related illness or injury shall be provided with such compensation as is made available through Workers' Compensation benefits as provided by Washington State Law. ARTICLE 11 OTHER LEAVE 11.1 BEREAVEMENT LEAVE: An employee will be granted up to 48 hours of bereavement leave annually for attending funerals in the state of Washington, but no more than 24 hours per occurrence, and 1'.EQP05/\L~lj)R I'\.,COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January], 20026 to December 3 J, 20lJOg Page 25 of 46 I Final Version as of ]2/30/08 up to forty-eight (48) hours annually for attending out-of-state funerals for members of the employee's immediate family. All time off for bereavement leave in excess of 48 hours shall be charged against an employee's vacation/holiday, sick leave or compensatory time leave balance at the option of the employee. 11.1.1 Immediate family shall be defined as spouse, child, mother, father, mother/father-in-law, brother, sister, brother/sister-in-law, grandparents and grandchildren, step relations as described herein of both the employee and the employee's spouse. 11.2 JURY DUTY AND WITNESS DUTY: An employee shall be granted leave of absence with pay for the purpose of reporting to jury duty or serving as a witness in a case relating totheirjob with the City, except in those instances where the employee is taking action against the City'. Any'juror or witness fees received by the employee for the performance of such duties shall be assignedto the City. 11.2.1 CITY NOTIFICATION: Employee shall be required to notifY the City immediately upon receipt of written notification from the Court that they must report'for Jury Duty or serve as a Witness as the result of a case related to his or her employment, by submitting a Leave Request form with a copy of the Jury Duty/Witness Notice attached. Upon telephone confirmation by the Court to report, the employee shall immediately notifythe:op-duty supervisor. 11.3 1 ] .3 MILITARY DUTY LEAVE: An empl9yee who presents official orders requlflng his/her attendance for a period of training or other activ~ ddty as a member of the United States Armed Forces or the State National Guard shall be entitledtol11ilitary leave with no loss of pay for a period not to exceed l}vcnIY.:-one Jlllfifteen (] 5) work days for non-shift employees, or !Jlirty-one iill)+ calendar days for shift employees, armually. Authorized leave of absence for additional or longer periods of time for assignment to duty functions shall be without pay and shall be granted by the City. A non-shift employee receiving up to fifteen (15) work'days or shift employee receiving up to 21 calendar days of training or serving an active duty shall receive'their regular pay and the amount received from the Federal or State government. During periods of mil it an: contlict. employees are entitle~Ll!J2.lQjifteenifu~ta-.Y~Qf unpaid Icave or twenty-one (21) calendar days for shift emplO\ees. before theiLspouse is.ikJ2loycd or while their spouse is on Jeavefrom deploymcnt, 11.4 EMERGENCY LEAVE: In the event of an unforeseen emergency or extenuating circumstances, which requires the absence of an employee such as closed roads/passes, airports and to extend Bereavement le'1ve, the employee shall notify his or her immediate supervisor as soon as possible. At the employee's discretion, such emergency leave shall be charged to unused vacation/holiday or compensatoryleave balance and the employee will document on a Leave Slip the reason for the absence. 11 :~;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;'OT personal problem that has the potential for escalation if left unchecked, and/or has a negative effect on department/division operations, an no other solution is available. The City may require an employee on Administrative Leave to be available during his/her normal work schedule. 11.6 DOMESTIC VIOLENCE LEAVE - Pursuant to State Law. Domestic Violence Leave prO\ides additional leme rii!.hts 10 emplovees who arc victims of domestic violence. sexual assault. or stalking. or who are family members of victims. It entitles emplovees to take leave to receive medical trea1mellL PR()YS)~i\L'iJ:QJli\COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 2009f) to December 3 I, 20jJW Page 26 of 46 Fi nal Version as of] 2/30/08 attend legal proceedings. or address safety concerns arising out of domestic violence. sexual assault or stalking as outlined in City I-]uman Resources Policv 3-20-19. ARTICLE 12 RETIREMENT BENEFITS 12.1 Each employee shall be enrolled in the Washington State Retirement system for which he or she qualifies. Only for the purposes of federal income taxation, the gross income of each emplo);'ee'shall be reduced by the amount of the employee contributions to respective retirement system, which is picked up by the City. When an employee covered by this agreement is assigned to day shift he/she.willbe assigned back to shift just prior to retiring of going on disability. The employee will maintain the same pay classification. - ARTICLE 13 INSURANCE BENEFITS 13.1 MEDICAL INSURANCE: The City shall make medical insurance coverage available to employees and their dependents and provide for payment of insurance premiums as follows: KPS Plan A for Employees.. KPS Plan B for spouses and dependents; Group Health for Employees, sPQllses and dependents;~ or equivalent or bett~r c6verage 13.2 Co-Pay amounts paid by employees for tn~;~tmept received by employees shall be reimbursed to the employee. The City and the L^"FF snqUmeet in JLMC to discuss and mutually agree upon co pay reimbursement language on or .b0f()rc~0ctober 1, 2006. Co-Pay amounts paid by employees for treatment received by spou~es'aifdJependents shall be paid by the employee. Employee's premium is paid in full by the>City. Employee contribution to'Nard dependent coverage \vill be three dollars fifty cents. ($3 ;50) permonth per dependent to a maKimum of ten dollars and fifty cents ($10.50) per month foiJuH family coverage A joint labor/management committee shall be created to foster better. communications between the parties related to plan coverage and payment of "co-pays." The Employer and the Union shall each appoint two representatives for a total of four to revie\\j.disputed medical insurance claims. In making judgments regarding a claim, the Committee shalhconsider the following in continuing the "status quo" with regard to payment of "co-pays": . Past practice for payment of claims; . LEOFF I coverage practices . A case-by-case analysis as to the worthiness of the claim. Ifthe Committee is unable to reach agreement, the dispute may be submitted to a neutral third party. Said party will be selected by the Union and the Employer by each submitting three names, (local persons in the community), and finally selected by alternative striking of the names until a final person is selected. A coin tossEJ-ft shall determine who strikes first. The Union retains the right to process grievances related to Article 13.2 as provided in the grievance procedure of the Labor Agreement. Thc Joint Labor Management Committee related to plan cO\'erage l>.ROPOSALS FQJllLCOLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 20026 to December 3 ], 20EQg Page 27 of 46 I Fillal Version as of 12/30/08 and "co pays" shull ceu~;e to e)~i~;t at--tfte---termination of of the 2005 2008 Lnbor /\grecmcnt bet'.'. cen the Union nnd the Employer lInles~; mutual1:, 1;!sgreetl-etRef'.\ise by the Union and the Employer. ~ 3.2.1 Efleeti\e January], 2007 the City ~;hal1 pny 100% of the cost of employee onl) co','eruge with---K-W;-P-Hl11 ,\ or (Jreup He~llth. Empl{)yee contribution toward dependent coyera;,:;e with KPS Plnn 13 or Grollp He~lith '.\ ill be twenty dollar~; ($20.00) per month per dependent to a mm~imum of ~;jxty do]]ar~; (S60.00) per month for full family co\'cr~:be. 13.2.2 EfTecti\'e .January 1. 2008, Ithe City shall pay 100% of employee coveragelJnder KPS Plan A and Group Health and 90% of the cost of the premium for KPS Plan "B" or Group Health for spouse and/or dependents coverage. Due to continuing significant premium increases for Health Insurance coverag~, th~ City will be working with the Group Insurance Selection Committee to address cost containment rrieasures 'for coverages and employee contributions. 13.3 DENTAL INSURANCE: The City shall make the Saine level 'of benefits as are provided through Washington Dental Service Plan F dental insurance coverage available to employees and their dependents and provide for full payment of insurance premiums, All 'Co-pay amounts for all services received shall be paid by the employee. 13.4 DISABILITY AND LIFE INSURANCE: LEQFFTl: Employees will receive $35.00~ per month in lieu of any City contributions toward the cg~t of premiums for Short Term Disability, Long Term Disability, and Life Insurance coverage. Employees will receiye $35.00 per month effective the next month following ratification by the City. 13.5 INSURANCE RESERVES, REBATES AND SURPLUSES: the City shall require the KPS medical plan provider to provide a strl!ctured accounting to the City as least annually. Such accounting shall include plan utilizations'llll reserve accounts maintained for the plan, interest earned on reserves, administration costs and coinsJrancbGpboling) costs. This accounting shall be made available to the Association upon request.::;J:~~ (,;ity agrees that premium rebates, reserve account rebates or any other monetary returns to the employgrsfrom the insurance providers, together with subsequent interest earnings thereon shall be used,exclusively to defray the costs of premium increases in the plan, and increase benefit levels, or othg-r< health related purposes determined appropriate by the Insurance Benefits Committee shall becornprrsed off the following members: Mayor or designee, one employee selected by the non-representea management and professional employees, and one individual selected by each of the recognized unions. The committee shall elect a chair and any other officers it deems appropriate. 13.6 The City will work with the Insurance Selection committee to bring about a reduction 111 premiums through plan redesign and/or implementation of a cafeteria plan ARTICLE 14 CLOTHING AND UNIFORM CLEANING ALLOWANCE 14.1 PURCHASE OF UNIFORMS: The City shall purchase new and replacement uniforms required by the Fire Department regulations for each employee. Employees shall abide by such rules and regulations as are established by the Department in selecting and obtaining their uniforms. All uniforms paid for by the Fire Department remain the property of the City. PROl'i)):\L')H)IL\ COLLECTIVE BARGAfNfNG AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 200~f) to December 31, 2011GS Page 28 of 46 I Final Version as of ] 2/30/08 ]4.2 UNIFORM CLEANING ALLOWANCE: Each employee who is required to wear a uniform pursuant to Fire Department regulations shall receive a uniform cleaning allowance of two hundred fifty dollars ($250.00) per year for uniform maintenance. The allowance shall be paid on Jhe second pay d'0: in Fellman.durin; the month of Jnnuary. An employee hired subsequent to the first of the year shall receive a pro-rata cleaning allowance payment. In the event that the City secures a cleaning contract with an independent cleaning company, no uniform allowance will be paid to employees. ~~T .Janu~~ry+ :::007, the 1:\FF \\'aiYCs the Uniform Clothing. /\Ilowance (UC/\) continscnt lIpon an cqu~f: placed into the Supplic~; & Ser\'ice~; line item of the Fire Department budget. ARTICLE 15 PERSONNEL PRACTICES 15.] DEFINITIONS: For the purpose of interpreting the provisions of this Agreement, the following definitions shall apply: 15.1.1 PROBATIONARY EMPLOYEE: An emplo~~e serving a 12-month period commencing upon the initial date of hire as a permanent empioyee during which the employee may be discharged at the sole discretion of the City,;consistent\vith applicable Civil Service Rules and Regulations and without recourse to the grieviin~e procedure. Should an employee be absent from work for more than forty-five (45) consecutiv-e days due to an illness/injury or FMLA leave, then the employee's probationary p.eriod shall be extended by an equal amount of time. Such extension of time shall also include.~ll periods of light duty wherein the employee is unable to perform all of the essential duties ofthejob. ] 5 .1.2 PROMOTIONAL PROBATION :'c'J\'12-month probationary period commencing upon the initial date of a regular promotidnaldppointment. A promoted employee who is unable to perform the duties of the higheclevelposition to which they have been promoted during the probationary period, shall be fetumeH to his/her previous classification held at the time of promotional appointment a{Jhe sole discretion of the City, consistent with applicable Civil Service Rules and RegulationS,"and without recourse to the grievance procedure. Should an employee be absent from work for more than one hundred and eighty (180) consecutive days due to an illness/injury or FMLA leave, then the employee's probationary period shall be extended by an equal amount of time. Such time shall include all periods of light duty wherein the employee is unable to perform all of the essential duties of the job. ] 5 .1.3LEQFF I EMPLOYEE: An employee who qualifies for and IS a member of the Washipgt@IlState Retirement System commonly known as "LEOFF I". 15.b4LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as "LEOFF II". 15.1.5 NON-SIDFT EMPLOYEE: An employee who is normally assigned to work forty (40) hours per week \\i1hin aMonday through Friday_~~orkweek. 15.1.6 SHIFT EMPLOYEE: An employee who is normally assigned to work on a 24-hour shift scheduled basis. I'KQPOS.6L0.J()R i\ COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January], 2002(l to December 31,2011 gg Page 29 of 46 I Final Version as of] 2/30/08 15.1.7 CYCLE: The consecutive calendar day period during which an employee is not scheduled to be on duty as the result of an assigned work schedule including a scheduled Kelly Day, approved paid leave and/or shift trade. 15.1.8 SENIORITY: The Fire Department shall establish a seniority list of all employees in the bargaining unit and shall update the list on January I of each year. The list shall be posted on bulletin boards in all stations. All longevity wage placements and vacation selections~hall be governed by the current seniority list. Any objections to the list as posted shall be rep6rtedto the Fire Department administration and such corrections as are appropriate shall be made and a corrected list shall be re-posted at all stations. 15.2 REDUCTIONS AND VACANCIES: All reductions in force and filling of Civil Service vacancies (those requiring Civil Service testing) shall be handled in accordance with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure. 15.3 EVALUATIONS: ] 5.3.1 NEW EMPLOYEES: Written monthly evaluations shall be completed on each new employee hired by the Department during his/her prob(itionary period. The purpose of the evaluation will be to identify an employee's progress and/ofareas of deficiency in performing job functions. 15.3.2 PROMOTED EMPLOYEES: Empl9yetlS on promotional probation will be evaluated quarterly. An employee on promotional probation-shall be provided not less than thirty (30) days written notice to correct deficiencies priorc~6;reducing him/her to their previous classification. An employee on promotional probation'whd/;is demoted due to his/her inability to perform the essential duties and functions of the- position, shall have displacement rights under Civil Service Layoff and Reduction rules; pro~~<:Ied, however, the employee shall have the right to return to his/her former class regardl~ss of ~hether or nor a vacancy exists. Provided further, however, nothing in this section; pr'&hibits the City from terminating or demoting an employee on promotional probation for good cause in conformance with Civil Service Rules. 15.4 CAREER CQ_UNSELING: An employee who is not selected for a promotional appointment from an eligible registerlpay request career development counseling from the appointing authority for the purpose of their recommeiiding steps the employee may take to improve his/her qualifications and skills for future promotionaloPP0l1unities. 15.5 RIGHTS AND PRNILEGES: All current policies and practices concerning computation and payment of pay, allowances and benefits; or the application of contract provisions enumerated herein shall continue in force and effect during the life of this Agreement. Should the City wish to make any change with respect to such practices during the life of this Agreement, it shall first notify the Union of the desired change and afford the Union an opportunity to meet and discuss such change. 15.6 PARAMEDIC/FIREFIGHTER CERTIFICATION REQUIREMENT: An employee who is hired as a Paramedic/Firefighter shall be required to maintain his/her Paramedic Certification as a condition of continued employment. Upon completion of six (6) full years of employment as a Paramedic/Firefighter, except for promotions and special assignments in which the six (6) year l'BOPOSALS FOH ",--COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January], 20096 to December 31, 20.1 .1 ()~ Page 30 of 46 I Final Version as of 12/30/08 requirement shall not apply, an employee shall become eligible for transfer to a vacant Firefighter position. Upon completion of five (5) full years of employment as a Paramedic/Firefighter, an employee may present the Fire Chief with a request to be transferred from a Paramedic/Firefighter position to a vacant Firefighter position at the earliest opportunity. The Fire Chief shall approve Paramedic/Firefighter requests to transfer vacant Firefighter positions on the basis of seniority of continuous service with the Bremerton Fire Department among all requesting Paramedic/Firefighters. An employee transferred to a vacant Firefighter position shall have his/her pay rate set at a Firefighter pay rate as of the effeCtive date of the transfer. This section shall not apply to Special Assignments to Equipment Maintenance;SCBA, Fire Prevention or any other Special Assignments that may be added from time to time atthe{::hief s sole discretion based upon the needs of the department. 15.7 PARAMEDIC PAY/STEP INCREASES: A Fire fighter who' transitions to Fire Fighter/Paramedic during his/her first five (5) years of employment with the.;;I?refu.J~rtory Fire Department shall be eligible to receive annual step increases based on the employee?'si!ry1iversary date as a Fire fighter. The transitional employee shall be eligible for Fire Fighter/Paramedicwages when authorized by the Medical Program Director to practice as a solo Paramedic. (incorporates LOU of 9/26/05) ARTICLE 16 PROMOTIONAL EXAMS 16.1 PROMOTIONAL EXAMINATIONS: The Civil> Service Rules shall apply to the conduct of promotional examinations in all respects and~hall be administered under the control of the Civil Service Officer, including the posting of the e~~,!TIihation announcement and bibliography, the determination as to whether or not an employee is q.ualifiedJo participate in the examination process, and the acceptance of applications on or before the posted closing date, Any portion of such Rules which are in conflict with the provisions of this subsection ,sha.ll be handled in conformance with the following sections. 16.2 MAINTENANCE OF ELIG!Bb}!: REGISTERS: Eligible registers for Fire Lieutenant~-ftftEi Fire Captain, and Battalion Chief shallb~rhaintained by the Civil Service Officer on a continuous basis irrespective of available vacanCies. Te$tfhg for the positions of Battalion Chief, Medical Officer and Fire Marshall shall be conducteQ().1,1ly:when a position becomes available. 16.3 WRITTEN;;PROMOTIONAL EXAM/BIBLIOGRAPHY: The written portion of the promotional examinati()n~ for Fire Lieutenant and Fire Captain will be given between February 18th and February 28th in qdcL{eyJhyears. :\ bibliography of re~ding material will be iss~lcd six (6) months prior to the written Y;~QfniWltion. Effective Januarv L 20] O. the written test mllst contain Bremerton Fire Department SOP/SOG and the current Collective Bargaining Unit Agreement between the City and lAIT LocaL437.Jf1he written test cannot be drafted and agreed llpon in Joint Labor Management. there will be no:"i1-itten test._The Department will supply one (1) set of reading material as listed on the bibliography perlITe station. Such reading material will remain at the station. In the event that a grievance is filed prior to.any portion of examination(s) regarding a non-Civil Service issue, then the Civil Service Officer may postpone the testing until such time as the grievance has been resolved. 16.4 CRITERIA FOR OPEN EXAMINATIONS: Open promotional examinations will only be administered to qualified bargaining unit members who have submitted the required application paperwork on or before the posted closing date. However, when less than three (3) applications are PROPO~M;LU)R l\ COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,20026 to December 31, 20114,1: Page 3 1 of 46 I Final Version as of 12/30/08 received from qualified bargaining unit members, the examination may be announced and administered to external candidates as well. 16.5 ~ Effective l'!l1-'L~.I:\ 1. 2010. the following eligibiIj..1YJ,:Iit~da s11illliillPlv: ] 6.5.1 Eli!::dbilitv to take Lieutenant's examination - Fireflf!.hters must have completed five (5) vears \\ ith the Bremerton Fire DCj2artment and succ,cssfullv completed Incident Saferv Officer training as of Februarv 5th of the calendar veal' in order to be eligible~) take theJjeutenanl's examination. 16.5.2 Eli1!ibilitv to take Captain's examination - A Lieutenant must have completed .:1 'leal'S as a Lieutenant with the BremertCin Fire Department and successfullv con1pletcd Ins:;,i.~tenL-"c.;...<'1[~t~ Officer training and Instructor I as of Februarv 5th of the calendar veal' ii10rder to be eligible to take the Captain's examination. 16.5 CRITERIA FOR EXAMINATION CONTENT: Promfltiqnalexaminations shall include a written and oral portion, and shall test for only the knowledge and abilities, which are included in the current classification specifications for the position being tested" - 16.6 EXAMINATION SCORING: Examinations shall be "scored as follows: examinations shall be rounded to the nearest one-tenth of a point.) "," ",':;" (All scores on 16.6.1 Written portion: Maximum of50fo!-1!ts:; An applicant's performance on the written portion of a promotional examination shall be scored as follows: Number of questions answered correctly divided by the total number of questions asked = percentage of correct answers. The maximum of 50 Points shall be multiplied by the percentage of correct answers anqthe result shall be the number of points the applicant earned on the written portion of the examimition"- 16.6.2 Oral portion: Maximum of 50 Points An applicant's per:fqrmance on the oral portion of a promotional examination shall include the oral panel's evaluation'6f an applicant's training and educational achievements along with the panel's rating, on the applicant's performance in the oral portion, which shall be scored as follows: NumBe~of points received divided by the total number of points available = percentage of total oral'points. The maximum of 50 Point~ shall be multiplied by the percentage of total oral points aJ;Id tl1~tesult shall be the number of points the applicant earned on the oral portion of the examihation. -- 16.6:3 Experience Rating: Maximum of 10 Points Each applicant shall receive .5 (1/2) point for each full twelve (12) months of employment with -the Bremerton Fire Department based upon the date the written examination is conducted, up to a maximum of 10 points. Periods of employment which are less than twelve (12) full months, shall not be credited in computing the experience rating. The following changes are effective January 1.2010: 16.6.4 Written portion: Maximum of 40 Points PI\()!,.QS\L0.Jm~~\ COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 200C)(') to December 31, 201]()g Page 32 of 46 I Final Version as or] 2/30/08 An applicant's performance on the written portion of a promotional examination shall be scorcd as follows: Number of questions answered correctlv divided by the tOlal number of questi9l!!? asked = percentage of correct answers. The maximum of 40 Points shall be multiplied by the percentage of correct answers and the result sha11 be the number of points the applicant earned on the written pOliion ofthe examination. ] 6.6.5 Oral portion: Maximum of 60 Points . An applicant's$rformance on the on!.LQQrrion of a promotional examination shall include the oral panel's evaluation of an ajJplicanC~..1raiDin..&._and edu.<::ational achievements along with the paneh rating on the a[2plicant's ]2erformance in the ora] portion. which shalL be scored a~ follows: Number of points received divided bv the total number of points available ""percentage of total oral points. The maximum of 60 Points shall be multiplied bv the perceritage of total oral points and the result shall be the numbe.IJlfJ2oints the applicant earned 6fuhebra] portiQIl.Q[Jhe examination. ] 6.6.6 Experience Rating: Maximum of 5 Points ." Each applicant shall receive .5.-il/2) point for each fulltv,'o (2) \ears of emploYl11enl. with the Bremerton Fire Depaliment based upon th~. date the written examination i~ CQ.llducLeLl.1IU.()_i! maximum of five (5) points. ThesCU2.oints wUl.9.l}b~_eadded for th~20se candidates that glnain all overa II score of 7 Q% or greater. 16.6.7 Weightin!?: ofWrittcn/Oral examinations: Written examination Oral examinati~in ~40% 60% Rltl'fmf8Wforal Examination - TheOt'ar~'xam will include the following, items: .' ' .~ .", -, . Personnel f5roblenl or citizen complaint . Tactical problem peliinenl to the position being, tested for . Oral and written resume 16.,-6.9 Total Score An applicant's total score shall be the sum of the points received on the written, oral and experience components of the examination. 16.6:-&lQ Minimum Score All"(ipplicant must achieve a total score of seventy percent (70%) ~ or more to be placed on the eligible register for the position. "16.5.11 Minimum Score -Effective Januarv I. 2010. an applicant must achieve a total score of sevent\' percent (7()%) or more on each portion of the exam in order to .1)(: p]aceQ-.illuhe ~]i!!ib]e rCQister for the position. 16.7 All offers, acceptances and declinations of employment for promotional positions only shall be made in writing. El;ZOPQSMS.J:DlL:.i.COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 2002f) to December 31, 20U~),~ Page 33 of 46 I Final Version as of 12/30/08 16.8 During the life of this Agreement, the parties shall meet in a labor management forum to discuss the above language covering promotions. 16.9 PROMOTIONS FROM FIRE FIGHTER TO P ARAMEDIC/FIREFIGHTER: A Firefighter may be promoted to Paramedic/Firefighter (PM/FF) under the following conditions: 16.9.1 The Employee must successfully complete a Paramedic training program approved by the Fire Chief. 16.9.2 The employees must have a Paramedic/Firefighter certificate issued bytheKitsap County Medical Program Director. 16.9.3 The Fire Chief must approve the promotion. 16.9.4 The promotion shall take effect on the first day of the pay period after satisfying the above conditions. For promotions to PM/FF, the employee's step increase date will be changed to the effective date of the promotion. 16.9.5 TRANSITION TO PARAMEDIC: A non-probationary Firefighter who transitions to Firefighter/Paramedic shall remain in the Firefighter/Paramedic classification for not less than four (4) years, except for promotional opportunities"and/or assignments. Should an employee fail to retain his/her Paramedic certification, they 'shall be downgraded to the Firefighter classification. 16.10 Newly appointed Lieutenants and Captains shall: 16.10.1 Complete Fire Command Administration core curriculum or equivalent within thirty (30) months of appointment to the r(lhk.qf Lieutenant or Captain, or 16.10.2 Complete an . officer: ;development program as determined by the Joint Labor Management COl11l11i!t\;le. 16.10.3 ExceBtions shall be referred to the Join Labor Management Committee. The City shall reimburse the employee for tuition, books and lab fees. All materials purchased by the City shall remain theptQpeiiY of the City. The City shall make a reasonable effort to provide employees with time off work to attend classes. ARTICLE 17 GRIEVANCE PROCEDURE 17.], DEFINITIONS: " ] 7.1 ] 7.1 GRIEVANCE: A urie\ ance is an alleged violation of the express 1erms and conditions ofthis Agreement which is to beIcsohed through this Grievance Procedure., The purpose oflhis wikle is to provide an orderly process for the resolution of sllch grrevanccs. Cl'/lL SERVICE .'\PPE,^.L: an appeal i~~ nn alleged violation of the Civil Service RlIlc~~ which is to be resolved thro~lgh the Civil Service ,^.ppeals procedure and i:; not resolvable through thi~; Grie\lll1ee Procedure. !'.R(ltCL~,,'\lS.l:Q)L\COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,200% to December 31, 20llm: Page 34 of 46 I Final Version as of 12/30/08 17.2 UNFAIR LABOR PRACTICE: An Unfair Labor Practice charge is an alleged violation of the Washington State statutes 12.overninQ public em!2lQ)'ment labor relations. which is to be resolved throuQh the Public Employment Relation Commission's (PERUJ1!Jes jlJlcl __~dations and is not resolvable throl[ghJbe Grie_yance P]'Q...~~]ure~ 17.3 MEMBER RIGHTS/UNION RIGHTS: Individual members shall have the right to nresent_JheiL...gl'ievance tS2-1he employer _~\jlb or without int~c.IT~1tion_froUl.......Lh~union~__All adiustments and or remedies must he consi.;'i1S~E!UlitllJhe term:; or this a12.reement. The union shall be allowed to be present at all Q:rievance....J:2[Qcceding5.:...lh,g_uniCl..:.1!...!las the riQht. in 1tSO\\'11 cap<l...citv to act as the aggrieved ]2al1)'. Onlv the union's executive board sball have the ri2.ht to req\lest grievance arbitration as identifi~QjILilij) four ofthisQ.rievance prQ~ess. ] 7.4 GRIEVANCE PROCESS: STET) 1: A member who believes that the terms and conditions of this AQreement have been violated shall first discuss the action giving rise to the belief with his or her immediate supervisor \\'ith in fourteen (14) calendar days of the date upon \\liich the' mcmbcr cou ld reasonablv have been expected to know of such action. The member sharr:advise the superyisor the section_ill: sections) of this Agreement which is alleged to 11ave been violated. an explanation of the grievance. and the remedy sought. The member' shall have the right to be assisted 0\1 an authorized Union representative if so requested. _durinf.'. th.is discussiolLln altsases. the member shall notify the union in writing: of the allegcd u:rievance as \vell as the time. date and location of any and all Qricvance proceedin!ls. STEP 2: In the event that the meniber's immediate supervisor docs not resolve the grievance to the satisfaction of the member_at Step r o[this procedure, the member shall reduce the grievance to writing and shall state: t]~esedron (or sections) of this Agreement which is alleged to have been violated: an expfa'hatioh::0ffthe grievance in detail. including dates. actions and such other information necessarvto a full investigation of the facts and circumstances !living rise to the grievance: and the re!ileD" sOUilh1. The member shall haye the right to be assisted bv an authorized Union representative in reducing his or her grievance to writing. The member shall present the written Qrievance to the immediate sldI2ervisor's Captain. Assistant Chief or lll~_Fire Chief: whichever is ap..12IQpriate0i1h.i.D.louru:cnl.L4lcalen~LaLJJ!:!vs ofthe...Qate of the men"ilicr mel \1\ ith his/her Lminediate supervisor. Thc Captain. Assistant ChLef. or the Fire Chief. \\hichev~Li5 appropriate. shall meet with the member and the member's Union representative within Loull~~!1 (14) drlendar davs after the receipt of the written grievance for the purpose of considering th_~ m art eI:. The Captain. Assistant Chief or Fire Chief. as appropriate. shall reduce his/her decision ..~ tt) w1:iting and shall transmit the decision to the member and to one of the principal officers in i~person. by regular mail. certified mail and email. with a cop" to the Union representative within fOUl1een (14) calendar days of meeting with the emplovee and the Union representative. Th~ grievance will automatically advance to the next steQ in the process if the Citv's representative does not respond within the required time limits. STEP 3: In the evcnt that the Captain. Assistant Chief. or Fire Chief. as appropriate. docs not 1J:solve the griev(1nce...J.Q the s(1ti~D.s:.tj...Qn oLthc Jll.cmheL.~L'i~L2 of this procedurUbe Union J)R<)L'()5.N,~ IJ)B....~\... COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January], 2002f) to December 3], 20.lJOg Page 35 of 46 I Final Version as of 12/30i08 shalL on behalf of the member. Iransmi1 a con~~of r~ oril2inal !!rievance alon!! \\ ithE-~v of tb~ [irc Chiefs written response to the Iluman Resources i\1,maQer and the MaY9L\virhiJl.Jourte~n LL41 calendar days oLrecei]J.L of the_Fire Cj1j,~I,s.-'\Til~..J:LJ'~s.ponse, The JJ!!.m(!Il Resourcc~ Manwler shall consider the grievance and may convene a meeting with the appropriate member of the Union executive board in an attempt to resolve the Qrievance. The j-Iuman Resources Manau.er shall reduce his or her decision to writing \vithin fourteen (14) calendar days of receipt orthe g,rievance and transmit the decision to the Union. STEP 4: In the evenJ that the Human Resources Manager does not resolve the gribanee 'at . ~ 3 of this procedure. the Union mav request arbitration of the issue lw writtenn9tification--1o the Human Resources Manager. The I Inman Resources Manau.er and the Union sha11 meet \\ ithin fourteen (14) calendar day s of the date upon \\hich 1he Human Resources ManaQerJendere<tbis or her written decision on the oTievance and shall select a neutral arbitrator bvmutual a2,reement ____~_ 1::' .-- or request a panel of nine (9) arbitrators fl'om PLRC. 17.5'2, GRn:\! ANCES FOR SUSPENSION AND/OR DISCHARGE: In the case of sl!5j2ension_ and/or di~c. \te]) On<'U,l1_of th~,lill~yancc--12LQ~edure sI1l11LJ2~_\\aiv~Q.llndJb.t:. !lrievance shaH proceed to Step T\\:QjD \\ itbJh<:.Fire Ch,ief, ] 7.6 POWEHS AND DUTIES OF THE AHBITRATOR: It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. Tl~ hearing shall be kept infol1l1al and private. The arhitrator shall interpret the provisions of this Agreement as they apply to the issue or issu~s;submitted for decision, and shall not add tQ" subtract fj'om or in any other way alteEor n~com"~lc'nd the alteration of the terms and conditions of the agreement in cIecidinu. thc matter. AssooIi as is practicable after conducting the hearinz, the arbitrator shall rencIer a written decisic)~:which shall be binding.!!QQll the pJ!rti_es. 17.7 COSTS OF ARBITRATION: The expenses of the ncutral arbitrator shall be borne equally bv the Ralties. Each narty'shall sin\S.h bear all costs related to preparing and presentinu. its own case before the arbitJ'atoL i11Cludill.IS COSh'i.~~~itnessQ~~lll,CJ2artv desiring, !l.xecon;iJ)fJL'L~ ___Jlroceedings shall bear the cost of obtainil1!l, sus;h recoL<L 17,8 TIME LIMITS: Time limits established in this procedure shall be stricth adhered to, butmav be waived by mutual agreement of the Union and the Cit\'. All procedures contained herein shalYbecoillRlied with as expeditiously as practicable. 17.1 DEFINITIONS: l7.f.1 CRlEY ANCE: l. grievance is an alleged violation of the express terms and conditions of this ,^.greement which is to be resolved through this Grievance Procedure. 17.1.2 CIVIL SERVICE "^1PPK\L: l.n appeal is an alleged violation of the Civil Service Rules which is to be resolved through the Ci','il Service "\ppeals procedure and is not resolvable through this Grievance Procedure. 17.1.3 UNFAIR LABOR PR^..CTICE: "A.n Unfair Labor Practice charge is an alleged violation of the \Vashington State statutes governing public employment labor relations, which is eJsQI)'<'~"'"LS,l:I>R..i\, COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 200% to December 3 I, 20,U i),~ Page 36 of 46 I Fillal Version as of 12/30/08 to be resolved through the Public Employment Relation Commission's (PERC) rules and regulations and is not resolvable through the Grievance Procedure. 17.1.1 STEP 1: ,\n employee '.\'ho believes that the terms and conditions of this Agreement have been violated shall first discuss the action giving rise to the belief 'Nith his or her immediate supervisor 'Nithin fourteen (11) calendar days of the date upon which the employee could reasonably have been expected to knO\v of such action. The employee shall advise the supervisor the section ( or sections) of this Agreement ,vhich is alleged to have been '.'iolated, an 'explana-tion of the grievance, and the remedy sought. The employee shall have the right to be'assisted by an authorized Union representative if so requested, during this discussion. 17.1.5 STEP 2: In the event that the employee's immediate supervi~or dQes, not resolve the grievance to the satisfaction of the employee at Step 1 of this pr2fcdur,c, the employee shall reduce the grievance to 'l/riting and shall state: the section (or section~),;()nhis'Agreement '.vhich is alleged to have been violated; an explanation of the grievance iil detail, including dates, actions and such other information necessary to a full investigation ofJhe filcts 'and circumstances giving rise to the grievance; and the remedy sought. The employee shall have the right to be assisted by an authorized Union representative in reducing his or her grie\'ance to writing. The employee shall present the '.\Titten grievance to the immediate sup0tvisor's Captain, ,\ssistant Chief, or the Fire Chief, '.vhichever is appropriate, '.vithin fourteen (1''1) calendar days of the date of the employee met v:ith his/her immediate supervisor. .The Captain, Assistant Chief, or the Fire Chief, whichever is appropriate, shall meet '.vith the employee and the employee's Union representative '.vithin fourteen (11) calendar days after the receipt of the written grievance for the purpose of considering the matter. The Lieutenant, Captain, or Fire Chief, as appropriate, shall reduce his/her decision to writing and shall traIlsluit,the decision to the employee and to one of the principal officers in person, by regular maH, certified mail and email, with a copy to the Union representati'/e within fourteen (Hycalbndar days of meeting '.vith the employee and the Union representati'/e. The grievan~~;1,'iJtautomatically advance to the next step in the process if the City's representative dQ(;js nQ"'iiespdnd within the required time limits. 17.1.6 STEP 3:, JA,~he~event that the Captain, l.ssistant Chief, or Fire Chief, as appropriate, does not resolve the grlcVnnce to the satisfaction of the employee at Step 2 of this procedure, the Union shall,. 011 behalf of the employee, transmit a copy of the original grievance along with a copy of the Fir~{::hiefs written response to the Human Resources Manager and the Mayor '.vithin fourteen (Y1) calendar days of receipt of the Fire Chiefs 't\Titten response. The Human ResourQ9s~fartager shall consider the grievance and may cow/ene a meeting '.vith a member of the Union"Qxecutivo board in an attempt to resolye the grievance. The Human Resources '. MElpageLshall reduce his or her decision to writing within fourteen (11) calendar days of receipt oftlfo,grievunce and transmit the decision to the Union. 17.1.7 STEP 4: In the event that the Human Resources Manager does not resolve the grievance at Step 3 of this procedure, the Union may request arbitration of the issue by '.'.'ritten notification to the Human Resources Manager. The Human Resources Manager and the Union shall meet \vithin fourteen (1) calendar days of the date upon which the Human Resources Manager rendered his or her written decision on the grievance and shall select a neutral arbitrator by mutual agreement or request a panel of nine (9) arbitrators from PERC. l'RQl'QSI\L'i H2R f\.COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 2002B to December 3 I, 2011~~ Page 37 of 46 I Final Versiol1 as of 12/30/08 17.2 CRIEV f~NCES FOR SUSPENSION AND/OR DISCHLA~RCE: In the case of suspension and/or discharge, Step One (l) of the grievance procedure shall be 'Naived and the grievance shall proceed to Step Two (2) with the Fire Chief. 17.3 PO'iVERS AND DUTIES OF THE ARBITRA. TOR: It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing shall be kept informal and private. The arbitrator shall interpret the provisions of this Agreement as they apply to the issue or issues submitted for decision, and shall not add to, subtract from or in any other 'Nay alter or recommend the alteration ofthe terms and conditions oftha agreement in deciding the matter. As s.oon as is practicable after conducting the hearing, the arbitrator shall render a "witten decision 'tvhich shall be binding upon the parties. . 17.3.1 COSTS OF LA~RBITRf.. TION: The expenses of the neutral arb)trator shall be borne equally by the parties. Each party shall singly bear all costs related to preparing and presenting its ovm case before the arbitrator, including costs of \vitnesses. The party 'desiring a record of the proceedings shall bear the cost of obtaining such record. 17.3.2 TIME LIMITS: Time limits established in tl1is proc()gufe shall be strictly adhered to, but may be '.",aived by mutua] agreement of the Union;anp the City. /.1] procedures contained herein shall be complied ''lith as expeditiously as practicable: A-R+-lGL E 18 SEVERABILITY +&-0 lln the o','ont that any pro'. i~;ion of ~his ,^..gree~llent i~; hold invalid by oper-at-i-el1 of la's or by atlY tribunal of competent jurisdiction. or jf con1plinncc ,,'.ith or enforcelllent of any ,^..rtiele :;hould be re~;traincd by such tribunal pending' a lInnl determination as to i~s "alidity, the relllainin; proyisions of ';hi:; ,^..greemcnt ~;halJ not be held in','alid and ~;hall remnin in full force nnd effect. The Union and the City ~;halIilli'medintcly meet and attempt to renegotiate any pro\ision found imalid. ARTICLE 18 REGIONAL FIRE AUTHORITY EN-+'IRE ;\CREE.J\LJEN+ In the event that the Bremerton Fire Del2Qliment entel~ln1Q.JLRS?lonal Fire AUlh..orib:-Jl\F./},LLe.. Wesl Sound Fire and Reseue:the positions of Fire Marshall and Medical Officer shall be urgrade~) Ihc_lJrrlk of Battalion Chiefil:i1m~diaiel\' prior to the I3rcmelion Fire Department's merger into the RF^, I ().] The Jjnioll,nnd the City acknowledge that each has had the unlimited ri3ht and opportunity to ma];c.prop~,sals"'lvith respect to any matter deemed a proper subject for collective bargainin;;. The resuh~; of the cxerc\i$e of that right arc ~et forth in this l,greement. Therefore. the City and the Union each \olunttirily and unqualifiedly agree to ',,,aive the right to oblige the other party to bargain with respect to any sCibject or matter not ~;pceifically cmered by the l,rtic1c~; of thi:; ,^..greel11ent during the tenn of thi:; ,^,greement, except as mutually agreed upon. i\RTICLE 20 CONFLICTINC PROVISIONS 20. 1 In the event that any provision of this ,\greemcnt is fO'.md to be in conflict with any other rcsol~ltion. ord inanee, pol icy, regulation or ru Ie of The City, the provision of th is agreement shall pre\Zli I. EI{OI)())I.l.L~J:.()I~..!,! COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,20024 to December 3 J, 20UOg Page 38 of 46 Final Version as of l2/30/O8 ARTICLE !2.U DRUG FREE WORKPLACE ] 92+.1 The maintenance of a drug-free work place is essential to the safety and welfare of City employees and the citizens of Bremerton. The following provisions shall apply to employees covered by this Agreement. 122+.2 The unlawful manufacturing, distributing, dispensing, processing, or using of a 'controlled substance of alcohol in the work place is prohibited. Reporting to work under the influence of a controlled substance or alcohol is prohibited. 19.3) 1.3 As a condition of employment, all employees must notify the Fire Chief or designee of any criminal drug statute conviction for a violation occurring in the work plage nblaterthan five (5) days after such a conviction. . 19.4~ It is the responsibility of every employee to be awareuofthe' above provisions and to abide by them. Failure to observe these provisions could result in imm~diate disciplinary action against the employee, up to and including termination. The employee maybe required to participate satisfactorily in an alcohol or drug abuse assistance or rehabilitation program. 19~~ All employees will be fully informed of tht) drug and alcohol-testing article. Employees will be provided with information concerning the impact ,of the use of alcohol and drugs on job performance. Supervisors will receive training in recQgl1Hion of signs and systems of substance abuse. In addition, the City will inform the employees on ho\y the tests are conducted, what the test can determine and the consequence of testing positive for drug'tus€;;'''j....Jl newly hired employees will be provided with this information on their initial date of hire, (jf''l~ sbon thereafter as possible. No employee will be tested before this information is provided to hillli0All:femployee may voluntarily enter rehabilitation without a requirement or prior testing. Emplox~fsc:,)Vhovoluntarily come forward and ask for assistance to deal with a drug or alcohol problell1:wilrn6tbeJaisciplined by the City for doing so. No disciplinary action will be taken against an emplbyee\"'Un;less he/she refuses the opportunity for rehabilitation, fails to complete a rehabilitation wogr~m successfully, or again tests positive for drugs within two (2) years of completing an appropriate rehabilitation program, or as otherwise provided in this article. 19.5.1~ :orugs will be defined as narcotics, depressants, stimulants, hallucinogens, cannabis and alcohgl,or substances whose dissemination is regulated by law or this article. With respect to over~tbe:"spuhter drugs and/or drugs that require a prescription or other written approval from a licen~~d6fticer or dentist of their use, it is the responsibility of the employee to review cautionary w'WliITg~,for potential side effects and inquire of the issuing medical authority as to the potential ." impact of the drug to impair one's ability to work safely and effectively. Each employee is . expected to inform his supervisor of such circumstances if there is reasonable cause to believe there will be impairment. 19.5.221.5.2 Employees will not be subjected to random medical testing involving urine or blood analysis or other similar or related tests for the purpose of discovering possible drug or alcohol abuse. However, if objective evidence exists establishing reasonable cause to believe an employee's work performance is impaired due to drug or alcohol abuse, the City will require the employee to undergo a medical test consistent with the conditions as set forth in this article. ~~2EOS;\LS FOR D.COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437 January 1,20021'1 to December 31,20) 1m; Page 39 of 46 I Final Version as of 12/30/08 Indications of impaired behavior or a substance abuse problem will include, but are not limited to, the odor of alcohol on the breath, dilated or constricted pupils, accident pattern, abnormal behavior or performance for that specific employee. 19.5.3 The collection of the samples will be performed by a laboratory and/or by a health care professional qualified to administer and determine the meaning of any test results. The laboratory performing the test will be one that is certified by the National Institute of Drug Abuse (NIDA). The laboratory used will also be one whose procedures are periodically tested by NlDA where they analyze unknown samples sent to an independent party. The results of employee tests will be made available to the designated Medical Review Officer. The employee wiJI nof consume any food or liquids until after the sample is taken. 19.5.4 Collection of blood or urine samples will be conducted in a marli1~r, which provides the highest degree of security for the sample and free from adulteration. Recognized strict chain of custody procedures must be followed for all samples as set by NIDA. ' 19.5.5 Blood or urine samples will be submitted per NIDA standards. Employees have the right to seek consultation with Union or legal counsel represel1tative prior to submission of the sample, pro,:,ided it ~oes not unduly delay the process. Employees,will not be witnessed while submitting a unne speCImen. 19.5.6 Prior to submitting a urine or blood sainpte,the employee will be required to sign a consent and release form. An employeewhg' refuses to submit to discovery testing will be subject to disciplinary action up to and including discharge for the purpose of administering this article. 19.5.7 All samples must be stored in a scientifically acceptable preserved manner consistent with NIDA standards. 19.5.8 The laboratory wil]testcfor only the substance and within the limits as follows for the initial and confinn~tiRn test as provided within NIDA standards. The initial test will use an immunoassay, which meets the requirements of the Food and Drug Administration for commercial ;distribution. The following initial cutoff levels will be used when screening specimens to &~tyrmine whether they are negative for those five drugs or classes of drugs: INITIAL TESTING Marijuana metabolites 100 ng/ml Cocaine metabolites 300 Opiates metabolites (1) 300 ng/ml Phencyclidine 25 Amphetamines 1,000 ng/ml CONFIRMA TORY TESTING Marijuana metabolites (1) 16 ng/ml Cocaine metabolites (2) 150 nglml l1~)t)())AG")J:D.E-,~. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,200% to December 3],201148 Page 40 of 46 I Final Version as of 12/30/08 Opiates Morphine 300 ng/ml Phencyclidine 25ng/ml Amphetamine 500 ng/ml Methamphetamine 500 ng/ml Delta-9-tetrahydrocannabino l-9carboxy lic acid If confirmatory testing results are negative, all samples will be destroyed and records of the testing expunged from the employee's file. 19.5.9 Reporting for work with any measurable amount of alcohol in the bloodstre'am (i.e. a blood alcohol level of .04 or higher) will be a basis for disciplinary action. A blood alcohol test will be performed by a qualified laboratory to determine the amount of alcohol in the bloodstream. If such alcohol testing results are negative, all samples wiH ~bedestroyed and records of the testing expunged from the employee's file. 19.5.10 The Medical Review Officer will be employed<by theifcollection facility and must be a licensed physician with knowledge of substance abuse dis'brders. The Medical Officer will be familiar with the characteristics of tests (sensitivity, specificity, and predictive value), the laboratories running the tests and the medical conditions and work exposure ofthe employees. The role of the Medical Review Officer will be to review and interpret the positive test results. He or she must examine alternate medical explanations for any positive test results. This action will include conducting a medical interview with the affected employee, review of the employee's medical history and revie~of any other relevant biomedical factors. The Medical Review Officer must review all'medical records made available to the tested employee when a confirmed positive test 90uld)5ve resulted from legally prescribed medication. 19.5.11 The labqra}?;TY will advise only the employee and the Medical Review Officer of any positive results. The resuhs of a positive drug or alcohol test can only be released to designated Human Resources staff by the Medical Review Officer once he or she has completed her or his review and analy~is of the laboratory's test. 19.5.12 The, parties recognize that an employee has the obligation not to place him/herself in a ~ituatipn where the ability to perform his/her job is impaired by drugs or alcohol. In the event an ewploy~e fails to fulfill his/her obligations, it is the responsibility of the City to remove such ,emph:ily~e from the work environment to prevent the endangerment of the employee, fellow ... employees and/or the public. "19.5.13 The parties recognize that an employee has the obligation not to place him/herself in a situation where the ability to perform his/her job is impaired by drugs or alcohol. In the event an employee fails to fulfill his/her obligations, it is the responsibility of the City to remove such employee from the work environment to prevent the endangerment of the employee, fellow employees and/or the public. I)EWJ~().'iN)iJDJ<'-'lCOLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437 January 1, 2002f} to December 31, 2011Qg Page 41 of 46 I Final Version as of 12/30/08 Any regular employee who tests positive for drugs may be subject to disciplinary action up to and including termination, depending upon the circumstances of the situation. Circumstances that would warrant termination include incidents where the employee's impairment resulted in loss of life, serious injury to self or others, or the serious loss or damage of property. In cases where discipline is not warranted, the employee involved who tests positive for drugs or alcohol may be placed in a rehabilitation status where the employee may utilize accrued paid leave or donated leave. In this case the employee will be evaluated by a licensed drug/alcohol evaluator, nor employed by the City. Participation by the employee in the approved treatment program is mandatory. Once the intensive part of the program has been completed, the employee may be returned to his/her regular duty assignment, but only with a written release from the Medical Review Officer. Employees who complete a rehabilitation program may be re-tested randomly a maximum of four (4) times a year for the following two (2) ye~rs. 19.5.14 Employees who enter and successfully complete a rehabilitation program on their own initiative may not be subjected to re-testing, except as provided in this section. The treatment and rehabilitation will be paid for by the City only to the extent that coverage may be provided by the employee's medical insurance program through the. City. Employees will be allowed to use their accrued, earned and donated leave for the necessary time off involved in the rehabilitation program. Upon completion of the program, the employee \vill be subject to one (1) random test during the following twelve (12) months. 19.5.15 Periodic progress reports from theat1~paing health care practitioner will be provided to the City stating the prognosis of when thel~mplhyees should be able to return to his/her regular duty assignment. ..c,. 19.5.16 If an employee tests positive during the two (2) year period following the rehabilitation program, the employee will b~ re~evaluated by a licensed drug or alcohol counselor to determine if the employee requires additiomil' counseling and/or treatment. The employee will be solely responsible for any costs. not covered by insurance, which arise from this additional counseling or treatment. This sectjondoes not apply to employees in rehabilitation programs pursuant to Section 20.5.10. 19.5.17 Once an employee successfully completes rehabilitation, he or she will be returned to his/her regular;~uty assignment. J9.5'>k~r:A:;~gular employee has the right to challenge the results of the drug or alcohol tests and any dis9ipJine imposed in the same manner that he/she may grieve or appeal any other City action. 19.5.19 The parties recognize that during the life of this Agreement, there may be improvements in the technology of the testing procedure, which provide more accurate testing. In that event, the parties will bargain in good faith whether to amend this procedure to include such improvements. If the parties are unable to agree on the amendments they will be submitted to impasse procedures as outlined in RCW 41.56. r.!~)I)~2~.!:5JOISJ.'lCOLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437 January], 2002(" to December 3],20.1]00 Page 42 of 46 I Final Version as of 12/30/08 19.5.20 This Article is in no way intended to supersede or waive any constitutional or other rights that the employee may be entitled to or legal obligations that the City may have under federal, state or local statutes. 19.5.21 The drug-testing program was solely initiated at the request of the City. The Union will be held harmless and indemnified, including the cost of attorney's fees, for the violation of any employee's rights by the City arising from the administration of this testing process. 19.5.22 The City is committed to supporting employees undergoing treatment andrehabilitation for alcohol or other chemical dependency. The City will provide information to employees on available drug/alcohol abuse assistance or rehabilitation programs. . 19.5.23 The confidentiality of all complaints and reported violatiQps of the provisions of this policy will be strictly maintained, except as required by public disclos'ure l,awsor court orders. ARTICLE 22 DEFERRED COMPENSA nON , . ~2.2 . . Th'e;qtysh}lllfuu:C;11 tliepu5:to1 Ide(h12fi'oJ1:of'O)iy'\\'ri.tt~frTeq utstbyul1emp I byecem;ered by this i\greementinail aJllount'ilOt to exceed three nndone halfpefcent (3.5%) of saiary. 22:3 EffcctiveJanuaryl,2008:the City ~;l1ull match the payroll deduction of any 'Mit~en requcst by un employee covered by ~l1is /.greement in an amoLln~ nottoexcE'ed four percent Cl%) oLalar)', 22,1 LEOfF] bargaining unit member~; \\ho ha\CCcimpJctcd ')5 or more years of ser\'ice with the City wt+Hl0 longer be required to make ;1 matchingccJl1tribution, and 1110y elect to ha,,'( all or part of the City':; mm,ill1um contribution cOl1\erted into longe\'i~y m lieu of Deferred Compen:;a~ion, 22,5 LEOFF Il bargaining unit meJl1bers who arc a minimum 01'15 year~; of age illl.Q 11m e comple~ed 15 or more yoars of service witll,;the'{:ity"will no longer be required to make a matching contribution. and may elect ~o have all or.pgnof,Jhe City'~; maximum contribution converted into longevity in lieu of Deferred Compensation.>' 22.6 CONVERSION,lO LONCEVITY: Employees may elect, by notifying the City in "\riting on an annual bnsis, thUfthey' '",ish to convert all or n portion of the City's contribution to their deferred ef)t:npensatioll to Ionge\ity, Such conversion shall ollly be permitted in one half perccnt (1/2%) ttt€fement;;, Once;1O employee hn~; :,elccted to makc the conver:,ion from deferred cOl11pen~;ation ~o ffiHgevity.they\\ i II not be perm itted ~o mn];c ~my chnnge~; \'. hutsoe\'cr to the percentn;;e cOlwelied. for a full 12 month period, ARTICLE 2QJ LABOR MANAGEMENT COMMITTEE 2Q;.1 LABOR MANAGEMENT: The Employer and the Union agree that a need exists for closer cooperation between labor and management. To accomplish this objective, the Employer and the Union agree that no more than three (3) duly authorized representatives of the Union shall function as one-half (1/2) of a Labor-Management Committee, the other half being no more than (3) certain representative of I'I~()POS.,:~J.SJOR ,\, COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMER TON and IAFF LOCAL 437 January 1, 20026 to December 3 I, 20J. L i},~ Page 43 of 46 I Final Version as of 12/30/08 the Employer named for that purpose. The Committee shall meet as necessary or at the request of either party for the purpose of discussing and facilitating the resolution of all problems which may arise. 20.2. MEMOHANDUMS OF UNDERSTANDING (MOUS) - Memorandums of Understandin~ siQ.ned and enacted duriIJ.g the term of this /\greement will be2igned and distJjhuted JiL.lli21hJ)alii9-,-.611 nri~l1&and electronic cop, will be retaill~~hy the H!llI@.!l_ Resources lv1aT}J!ger until-,'iL!f:;_h~ime the lanQuage bC9om(::~.i.!lcorporafed int9~~uccessor ~rcell1~I1L 2QJ-.J2- MULTIJURISDICTIONAL TRAINING: In the event that multi-jurisdictional trammg is scheduled on a Saturday, the Chief or Assistant Chief shall, as soon as practicable 1) communication to the Union in writing, a non-arbitrary necessity for the training and 2) communicate to . the Union, in writing, a non-arbitrary necessity for the training on a Saturday (as opposed to any other day). 20.3.1 The determination of the department on items 1) and 2} above shall be subject to the grievance procedure of the CBAc . . 20.3.2 While such multi-jurisdictional training m~y ihcr~ase the productivity hours for that event, it is not the intent of this agreemenHo incre~se'productivity hours as a matter of general policy. (Incorporiltc~; LOU of May '1.2(05) 23.3 ADDINC (3) LIEUTEN<'\NTPOSITIONS,'\ND DELETINC (3) FlRl~ FICH-T-E-R ~r forma] ratification by both parties, three (3) Lie~ltcnilnt positions \yil] be added and three (3) Fire Fighter pOc;itions will be eliminated. ARTICLE 21 PHYSICAL FITNESS.PROGRAM 2l.1U-t The Union and the City Employer \yiJl continue to develop and refine the physical fitness j2IQgram .1'01' the Bremerton Fire Depm1Jllent. They \"ill work to\vard full implementation of the IAFF/IAFC Wellness and Fitness InitiaJive"shilll work coopcrntiyely in the Joint LoboI' Management Commi-ttee-andcon'linue to de\elop and refine the ph~] fitness program. 21.2 The City will continue lQJ2Tovide \e,l[LLDtnesusses~m~nts fQLll1.Qs~ errilllov~es__~:bo choose to participate. The fitness assessments shall be administered b\ current Peer Fi_mt~_~~ Trainers or an outside agenD:.,. 2].3 In tl~\,jrfQ to work towards implementation of the WeJ]ness and Fitness Initiative. the_~itv will provlde'for the continuing education of the current Peer Fitness Trainers,_.Jhe City will also ..... w0rk tovvards celtifving three (3) additional Peer Fitness Trainers. (Goal of6 PFTs). 21.4 Employees sha]] normally be granted from 10:30 am to 12:00 Noon to l2articipate ill their .. J2illrsical fitness program. shower. and be ready for duty. In the event an employec's fitness routine is interrupted by an emergen~y rcsponsc or training scheduled in advance. an enmlovee-':";; immediate supervisor shall have the,:: discretion to allQ\\ the employee to complete their fitness routine before 5:00 pm. The Chief reserve~01e rig]J1Jo reven back (0 a 4:00 [1m start til.l~_fm: phYsical Jitness as outlined in thcSOP if the Chief determines that the ]0:30 am to 12 NO~!ll period is not operatin~ in thQ._besLiDtercsts of the department. If Jhe Chief e\..el".~j5.~5....1his discretion. the subiect will be discussed in Labor Management. PROPO,'iL\lS FOIZiLCOLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2002t) to December 31, 20 U(),~ Page 44 of 46 I Final Version as of 12/30/08 21.5 DesiQl18tecLnlll sical fitness time shall be subiect to re-evaluation during the Labor Manai!ement meetings. ARTICLE 22U TOBACCO FREE WORK PLACE 22.125. I As a condition of employment, aH employees hired after the effective date of this agreement shaH not use any tobacco products while on duty. ARTICLE 23 U DISCIPLINARY ACTION 23 1-_26.1 Disciplinary action, as defined by the Civil Service Rules as noW stated or as hereinafter amended, may be taken against any non-probationary employee for just calise., An employee, who is the subject of a disciplinary action, must elect to foHow the appeal procedures either in the Civil Service Rules, or grievance procedure. The employee selection of one procedure shall preclude the use of the other. ARTICLE 24 SEVERABILITY 24.1 In the event that anv provision of this Agreement is held invalid bl operation of law or by' any tribunal of competent iurisdiction. or if compliance with or enforcement of an\' AI1icle should be restrained bv such tribullilLJ2.ending a final determination is to its validity. the remaining provisions of this A.Qreement shall not be held invalid and shall remain in full force and effect. The Union and the Cit\~ shall immediately meet and attempt to renegotiafc"anvprO\ision found invalid. ARTICLE 25 ENT1RE AGREEMENT 25.1 The Union and the City ackr1()wledge that each has had the unl imited right and op]2ortunitv to make proposals with respect to any matter deemed a proper stillject for collective ban.>:aininQ.:_The 1:~sul!5 of the exercise of that ricl11are set forth in this Agreement. Therefore. the City and the Union~.iLc:h yoluntarilv and unqualified Iv agree to waiyc the right to oblig.e the other l)aJtv to bargain with rCSJ2ect t(2 any subiect or mattcr"not specifically covered by the Articles of this Agreement during the term of this Agreement. except as nii:ltual!\ agreed upon, ARTICLE 26i+ TERM H26.1Thet~rms of this Agreement shall be in effect upon January 1, 20024, unless otherwise provided witfiil} tile terms of each Article, and shall remain in effect through December 31, 20LLW. Negotiations for a successor agreement shall commence no later than August 1, 20 I ] 2005. Upon the approval of the Council, this Agreement shall become binding upon the City, the Union and all of the employees in the bargaining unit covered by this Agreement. DA TED THIS _ day of , 20026. J'lSi)E\lSAL:S.E(21L'l..COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,200<)6 to December 3 I, 201J().~ Page 45 of 46 I Final Version as of] 2130/08 CITY OF BREMERTON: Carol S. Conley Human Resources Manager Allison Duke III Fire Chief Cary Bozeman, Mayor ATTEST: Carol EtQ.cn Paula John~ton City Clerk IAFF LOCAL #437 Todd Thorsen President Rob Ashmore Vice Presi&;nt.. Doug Baier Secretary- Treasurer APPROVED AS TO FORM: Roger Lubovich City Attorney I)ROI~<2S:\L\Ii2K!~COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1,2002(7 to December 31,201 J ~)8 Page 46 of 46 Shift Hours Pet Week: 4939 ! 70% 75% 85% 90% 100.j" Step 5 Step 5 Step 5 Step 5 Step 5 Step 5 .._.L......~!~~L.......... StepZ . Step 3 Step 4 I StepS I +1.25% I +2.5% ,+3.75% +5%, +6.5% ......_..::~.:............................ A.!'~~a.!1.....?~,~~3.~~;. . . .5T~~~~oi~'.'-.:6~:.6)2.,~~1==~7;i!-i-~L'~~}.~,8~~X~j':_~7~,79~;~-i=-=:>6.:7.~jl~\ -.':.2!,6~.2].2.L ==::~~:~ojX~:::'. 7'}, 7~.~24, . 80,8.5120:. Monthly; 4,36696; 4,67890; 5,30274( 5,614.661 6,238.52: 6,316.50, 6,394.4816,~!3~6.L...ti5~0.~:!.L__. 6,644:0~L.'..:::~.,7.:i2~~r -, :~;o~!~~[~~IIill--_~_'~l~E--::l~lif~;-~l~L-t:~jI[~';!Jtj~1~:;J~~c-:'~i?_l!i]tll:--]tit Shift/Overtime: 30.6l! 32.80; 3717' 39.361 43731 44.27'''' 448Z! ._~S.:37L .. ....... 4~9.q._.....4657; . ~7:?3i Semi:M.~!)e~<::()rn!,l. -s7i4('" '93s8L i06:o5r-"'~iJi}9r"'")24i7J'''''li6:ii':''' .... ii7:89; 12945[. 131!J1jl.32 88: 13~75i Step 5 StepS '! Step 5 Step 5 '! Step 5 Step 5 j i ' .. ..._. .L-..~tepL.,.. St~"..z... ..+-.....~tel'~.._L _~ep.~... L. ..~.~e.1.'3...L +1::~%.....,..._~.:::::'....;. +3.75% +5%, +6.5% +8% Ar1n~:_._ 24..4'}9.6.8: 58,39248' 66,178.321 70,071.121 77,85672i~8?8.z.~.9~.l. ...7?,~.?3:.~~I.._.~_0,7.?~.3~L ~!2~95~:...~~,9173.~: .... ..8~,?~5.2~L Monthly 1.._4,5.~~6.~.:..:=..~8~~.~4L:.~~j~~I~::i~~~:~:~~5:i~9j.{C~~~~:;;:i~~~6 L ....6.c5_6?-.~6L. 6,650:2? L ._...._.~?23.1c3.6j ... ~:8.~2c~6L. . .6'?'~9.78.~.. 7,007 1O! .~"t.";~M~~~id~ 2,27082j 2,43302: 2,757.43; 2,91963\' 3,244:031 . 3,284581 3,32513: 3,36568i.....3:~.o6:~3J....... 3,45489:3:503)~L__ N.?n:S~!~1;!.o,::,~.~_~=~-26~20: . --.. 2807; .. ~3i:S2l---'-33':69i'"'' 37A3r-----)5.-....67.:..89_...05.:..:.I:-.:.~.:. ". ..~53:7~:.}5..67::':,._........~~_....... .-35.88......2~35.1:.!~...--...-..,.=-.35.8~.29.-_05.;.:.'..."."...' ..." 'i9.:.8~L . 4043' _N~n-s~~f!()"e:tiT,,[.........:)9,3.~L. ._:4ij:il.....~:.~i'23L~:=._~.~~~{.--.-'~6jjr.. .~ ...... ... .. 59.79' ,_~0.6?;. Shift/Hourly! . . 2122: 22.74: . 2577! 27.291. 30321 30.701 31.08' 31.45: ..].1.~3!_. 3229',., ~~'7~L. . ..~e;.~:~~~fi~~E::--~:.lB{L..-_:-~_.{~jl,... .. . ..:~.~{H~E:~~... ~1~~}~:[ :-:::-~-~l~.l}E' :~:~.:i~r~JJ-.::~ :"':l}H~[.." .1:~{;E.:_:...i~.~J~ i' 1 ::.ici ~_.. 1 ~~. : ~f' ....., . 1.__~!e.~.I. .: 'H~!"P.~... ._..~t~I'~.._.i~~"I'~.J.__~.~P..5.~.H +~~is~. ~~~;~ ...,.._+~~;~...._.._~~;~105 ! ~~;,:',,_S~:~5. A!",~.~I.L S.~,?5.4,?~j ..... 63,~6?_1~:,. ...?..1.'?~~9.6j..?.?,?9.~?2L.._..~~.'21?_0.~I_..8.s.,2~~:?~L... 86325 60 .....8.?,~?8.~~i.. ......~~,~.3.1.~2:., __89,6.9~_481....9.0,~7.:.6.0~ t\1?ntl11~L..._..~.'?~~:8~j _...Y.6.3:?~:.. ...~,?..~:58.L. 6,316501 7,018341 7,10606;ji9.3:8~["...2,2..8..~.~2L " .7.'3~9.:.~6i .....7-,-~7!:5~.L...?,?7.'}.8.?L__ _.S.e~i~t1()~!l:!~I.. _...J:~s.6;~21 .2,63}8~L ......_?:9.8~.7?:.....__."3:'15~:~~:C''''':#,l69.~T7r~':.','-~)5.'~:.O]r::~ ~,S.96.90~.._ 3,6.4.~J6.L .... .~,~84.~3.L... ...3,73.?27; .. 32~9.9?i .l:',:~:?~~ft }],:,~:1~.L.....28.3~L.~!J~7. 3442! 36441 . 4049; 41001 q . ~1.SOi' ... ...4.~.~IL... 42 51 ~31,2; ~~!3.i Non..Shift Overtime; 42.51 i 45.56! .... '5'163:" "'54:66~--'6074;' q 6150;"... 62.25: 63.02;~'~3.~!7t.:._.. ~.__ .__ 64.;6.~i.... ......_~5..:6.?i.'..... __.... .. ., . --.- .... ~S~i~?~~yC~~=-_):2:96;""''''j~~.0: .....-27:8.8'('.........-2952:... 3280i--" .. 3'3X~C~::~'.=.)~j~r:~:: ~:~]40~r" '_]~c4~i....."... ... 3.~:9~ ; . 3542;' . ::',.' .....J S~T!1i~MO~~~~:~~~~~; .' q._..~:i1i.i~;1~ !~.' .~=1:1U:n~::.:..:....: :;..~::~~;:: _.'.~.~1H1r . ...~: "\ :i:-i,i:}:--'" . i~j:m ..~.-:.ji~Jti: ~.. "i%H~i'"'''''' &im "'I~N~i. . '.~.i~~fighe':!...~~!".'..~~~~~':'lltinu211s 10+ Y:s . ...; ._....~t~!'L. ^'. .. . S,tel'.! .~~"-~.....':..~t,,J'~.. .J........~t~p 5 ...!.:...steJ'...6..J. +~~is~. .+ ... :~~;:. L..~t:~,~:...j H.~;.~~;.__. ~~~;':.. !... S~:~~ .... ~lIa.!L...... ~/A N/A N/A..: N/A N/A' 86,09160: 87,16776, 88,2:!.~9.~:__....~9.,?~0.08i..__'!?,?9.~24j ,'}I.'6.~7:~~L ~__~~~!~!y-_~._ __.__.r::!.t: N/A N/A ___~ J~ '"" N/A N/A f~ -:~,~.~'-?~\.i~.~?}.~~~-'- 7,263.98; ~'~.~~--?~L.. . ._..,,?~~~~:~~_~L_~. ,._ ?;53~:~~! 7,640.62; Semi-Monthly; N/A N/A N/A N/A N/A:' ....1,~?iI5.L3Ai:~9.L... 3,6.?~8~L__,..3,?2::~?; __.,3,7:,651:..3c.8i?:3il N~~..Sh;ftH~;iyj'''''''N;A N/A ~l!,...... N/A.__..J..__ 413'}.1.. .. ..~I9..I!.. ____.~c~~L.. ...__.42:9~L..... 43.46' 4408: N(l:,~Sh~~~~'-rti,;;-~L~=B/~=" N/A N/A ........N/A N~1\__.._: 6209.L.,. 62.87: 63~3L.._.v..._6~:~.IL. 65.19: 66.12;.. S~~ftII:1~u:1:t~ ...N.1i\. ,N/A N/A.J ....J:!!:.......,. N/~...._..!... ........__3.~.~i._..._._33.9.~. 34361 34.78; 35.20:~5:70; ...... ........___.__. .... .....S~iJY9,::e.rti~e~.. _...N!^.. N/A NIA.....,.I....N/A; ,._.2'l/1\........1. ........~~:~?L.. _.- 5.09.2[, ...._~<ii;~.{L .:...=.:...~2~!iL......p~2S.?;p 53.56: Semi-Mo DefComp:. N/A N/A N/A N/A' N/A' 143.49: 145.28i 14.7.071 148.87; 150.66; iS2.8! f'. Step 5 Step 5 Step 5 Step 5 Step 5 Step 5 ___ ~!~p ,~_. +1.25(%' +2.5 'x. . +~:::,::_,",L__d +50/0 +6.50A, +8%, "'~-;..="~~3~~.:;~~::.-~~.'8~;r~~~~~:~:.-..~t~~j~~~;...:~ :'~ :~~i~}t...~. .:~i~~1c~~r . .... .~~: ::~:~:. 9~, ~:: ~~: ..... '......~,?~!:.~5L_.. 3,631.99( 3,67683' 3,721671. 3,76651:3,8?~3_1:..3:87412.;:.. .. ..... .~:i~~:'L==~:.~r~~E~::;~~~f"~.j~ltF:~"P=:~~~%(::"j.:.~~1 ....:.~~~;. "..- -- .-- 33.52; 3394; .. 3~36:.3.~;!.8.;.. ...~.5~2i 35701 3621; 50.29;..~0:9..~~_ 515.-:.~.. ...s.~ 1!1. ..~~.8~\ 53.56' . 5~3 ~j... 143.49~ 145.28; 147.07, 148.87; 150.661 152.81' 15496, Class Code! Schedule A verage'ShiffHoUrs/Y ear: 2502/FF9. .. .l!ir~~ght~r....._ ,.... ),~. ~,~".- L 2506/FE9 _.- _. -- ~_.".. 2507/FS9 I ..t~l:~f.:~;~i;i;~~~t:?~. ....... ~ --"i'--" 104% 250SIFP9 ; Firefighter Paramedic ... '.t...... ..................-................... ,~j._- i 112.S'Y. 2509/CP9 .. ,.... 115% FCP FL9 ,FF!,ir.e Pr~~e.~~..oll.(Nol1-Shift) .: I:ie~t<:,,:a:'L(~hir.t).... 115% 2,568 --, , ...1 ..S.~,:~1 __. J\nllu.a.~L ...N/!:. .. . ~(lnt~:xi. ..}ifi\:. Semi-Monthly! N/ A .. Nin~?~;f!~H;;':~q:=__:ii;~=.. }i,:n-S~ift Ov~rti':lJ~j.. ... .l-lIA. Shift/Hourlyl N/A Sh;iv(h,~rti~e .. }i/ A" Seml-M;;.D~fCo,;p: N/A IAFF PAY RATES Detail '. Effective 1~i-2009.thru 6~30-2009 5.00~1o CPl; ...'- ~ .~tep~ L.__ N/A N/A N/A ..... c. ~ ._~!~._ , N/A N/A N/A N/A . ~!ep.3 N/A N/A N/A N/A N/A N/A N/A - ,-.-"- ----..,-.." . ,. "- N/A J. 9?,9..7888 7.748.24 3.,874,12 44.70 6705 36.21 54.31 154.96 Step 5 Step 5 I Step 5 Step 5 Step 5 Step 5 ~.te.p 2,. ", ... ,S!ep.3....l. .. ~tep'..4 . Step? ...' +1.25% +2.5%, +3.75% +5% +6.5% +8% ,. ....1'l!~.._., . N/ A , N/ A . '9.98",.52",6967..8?8~",i::,.....'...i:~08','48'0'loT"95.26:':.:.'~~iO~8:",'0550.64':.~61~8'1.1 =.,~~38",36"~008':3?81... I O~,~~~.~O:: " iO~~i8.>l,'.. lo,7c5~22~;: .".. . N/A"'NI;:- "T.m NfA--'" m .._' .' 871210 .8,.83,,6.561... ..8,9<:>10,2) , 1 ' '....4.:..3,5...6~.o5i.,. , ,,4,.,.4.1.,8. .2..8.:..... ..,...4,.4.80...5,1.!... ~;i .._:. "--0if. ::'[' ,.. ~; ~ . "'.:','.4~::;i'i~'!" ._:'~.'~~H~i~=.:::~:.~~~~{~~E~~":~~3~if;E 50.26: .... '~i9~;: . .,S}.??L.__.. i:ii~...~.._.~/[--y' N/A 718Ii,7271j 7.~61: 7449:-"':;55~C-- . 764.7.: 77.55; N/A N/A' .;.... N/A 38.77, 39.26' 39.74' 40.23' 40.71: ..~.L29: . 4.1:871.... . . 'N'iA' ~~N/A.> "-"'t-- ~...- N/A 58.16! -~,- "58.891 59~(;1'~"- .. 60'.'34~ ~ Wy, 6io~;: 61.94 [ 62~8'lT N/A ... N/A .....,.. N/A 165.94, 16802.! 170,:0,91 172.17; 174.24; 17673.L..179..22L i Step 5 Step 5 Step 5 Step 5 Step 5 Step 5 !1J~.._._.. .p~a.!la!j~n C:hief ~'f~~il1ingQ'OI1:S~~!tL......,._.... _..<. .?ter I !"S.t"P.~ ~tep.~S!ep?,...... +1.25% .; +2.5% : +3.75%, i +5% +6.5% +8')1"", ..e... ...t ,.......,......i\rtnu.aIL N/Af N/A N/A 101,812.~6: ..i:03.~0852~.~::.~I~~,:iE?~T.,::.IOj;6~~:~.8LI06,9.032.0, ..J?8:4iO)2( 109,95768' '. ..~o':'thlyL N/A N/A N/A 8,484.38; 8,59044( 8,696481 8,80254; 8,90860' 9,03.586.:.:. ~,16ii4T ....,S~rni~~.o!1~Iy.L N/A N/A N/A.."...4..2~2J9i=::'.':i;29~2lr_'.~4'3.48l~.=O,. ~40:C27L 4,4~430'q~:.517?3; 4,5~LS.7,: Non.Shift Hourly, N/A N/A N/A 4895' 49.56i 50.I7! 5078'..5.1c40; 52.13\ 52.861 N~;s.~ift.o~erti~;;,.__ ~;~ N/A.._~;;'... J'.~~~ .'~ .3;':.~L .....~:{{~:~.~.:..{~;c~~_..~ '::~::;~:1E .... " .. H.~~:" . :::Hi;._" :. ~~.~~::_"'.- _.M.". '----.. .....?~;~~~~~~i. . N/A 'C N/A L..N/A 59.47, 6021l.. 6096: 6170' 62.44.....6.33~1: :.64.i3T.',. 136':-'. Semi.Mo DefComp! N/A N/A . N/A .-"i'69~69r ... 17iiir--"173~93r 176.05\ 17817 180.72. 183.26' CPI.W applied to semi.monthly Firefighter pay at 100% (step 5). Step percentage and differential pay rates are calculated from said Firefighter 100% rate after annual CPI.W is applied. CPI.W will be calculated out to three decimal places. Longevity pay rates are calculated from the base differential rate at 100%. Published hourly wages are estimates and actuals may vary (due to penny rounding) and will be calculated by City payroll software system. Class Coder .Schedule' ,A:v~age Shift Hours/Year: 2,568 Shift Hours Per Week: FDL ';!-~e~t~lIan!(N.on.Shift) .1 .,.?!e~.1 N/A N/A N/A N/A N/A N/A N/A N/A 121% i .., "r' ~ ".._~~~~.L',' .........!vI."!1tl;ly;...... ,~~-,~,<?~~~xi.. .. ...N()n:~.hift.!,."~rly; Non.Shift Overtime' _.. __,~ _ _~. .._.,__c_ ~- '.... -,-----to Shift/Hourly [ . "Shift70~~rti~eT S.~~~~o~..~fc;~j;L . ;,.. i FC9 i Fire Captain (Shift) !~:~:~:~:: ~]~l~~:~~s~~.(N.~~~S~i!t) ~~I'. ~.. :.__ , ........._.A!1."uall. "N/A Month!yL..._.)\)/,~ __.,,~.~.o;i::!'!':.n~.!yi.__ N/A .J::!."n:S!,ift..Hou:lyL... N/A Non.Shift Overtimel NiA' . .... t.- .. ---,-'"--~ '._._,..~~l~~~;~~r"u-'~~~' .- . !'err1i:M() DefCompL N/A i . t.....,"" ., ..--._;. .~,. "'......",-..".."._-_.~ .."~,_.~,,_. ~".( ._,,- - -_..- ,-~- I ,~.. .--+ 130% FM9 _.II\!~d~~~1 ()ffic~r (Non~Shift) .,. S!~p'l Annual; N/A Monthly' N/A ._~-~j;~i.fi~~fu1~r N/A __..)\).~!,:~l;.i,ft.!-l.",:,!.lyL N/A Non.Shift Ovem..o;eL N/A .. ..,.~h~fI!1:!o,:,,:ly'j..~:'N.I.~. ShiftJOvertime! N/A ,..~2'"2i:tv!.?!)~f<::()I11p.; N/A , ,....;.-,e_..," _ 133% . S_te.~ 2",... N/A N/A N/A N/A N/A N/A N/A N/A S!ePJ... N/~__..J N/A . ,~_....~_..~_."-,..-. N/A N/A N/A .N!~.,...., N/A "i" N/A i IAFF PAY RATES Detail Effective.I-I-2009 thru 6-30,2009 . . 's.OO%'CPI 49.39 Step 5 Step 5 i Step 5 Step 5 Step 5 Step 5 ._L~" S.~~~.?m",_..J_..." +1.25% +2.50/0! +3.750/0 (+5%. +6.50/0 +8% J _.90,~8320Ln 91,71552: n,847'S4j --''''93,98ii.i6:' 95,11248;'" 96::;7'j.12; . 9?,~~??~j: , 7,548.60' 7,642:961' -"'7:7373l'--'-i,83'168r''':.'7i2~04f':::.'8;O~9;2~L ._..8.'~5~~8j.,... r'-':.3;7.7~:~:OC ":i:8.2.1:~8r' .'.":~,~~8~i~r.'=-"~:~ iT8~C ,,3,963.02)4,?19,6,~ i.. 4,076.24! 4.3S.5:~~~9L.. 44C6~L.n__,_.~518;__.. 45.73\. ....:4?c38L4,7;oi;' . 65.~~; 6614\ 66.961 6777: .~~~.Oj___. .6.9.~71_._ 70,:1L... 35 27: ....3553....75.7i~"....----~5.64':..2i.63..[I.." '.=.:35"~4:.68:09";.,"" 3704: ...J'!:5.?l..,.. .. 3~ !D.i 52.91: 55.56' 56~.5i _"" ... 57.:,14;. . , 15097!ii2;86r 154:7Sr" .....~S6:6:3:L. 158.52i 160.79: .163,05:,..,... ; Step 5 Step 5 Step 5 Step 5 Step 5 Step 5 ..S.t~p 3 ~tep 4 .__S.t~I'..5. +1.25"1:.) ._::::~./:...,....+3.'~~"I:, .... +5% +6.5% +8%.J ._ N/A N/A I 97,32096i 98,537.521 99,754.08: 100,97040 102,186;96: 103,6~.8~:. 105,106.56: .... ..J-:/~.,.__! N/A.'''''''''=...:8:.! iO:<2~;'''' ':8,i(iA:6r::--::~,~JX~4l.~.=,_ =~~~!4:2.0j_.. . 8:5r.s..58J.. . ..8,~.37?4L. .-'i:?~8.8~t.:.. ~;~ ,.,;' ...- "ffit,,-^,~,o.~~];L. 4':~git.:..:.~}t1~J"::.~_~'~i3~i. '~'~,~;:i~l~' ..4,3~{~~1 413J~3;t. N/A..+_.N/~_. ....70,1.9.:, . 210~.L..._.__ 7.1.9.~L. ....d_d7~~li 73.70' 747~.. 7580( ~;~ """1 ~;~.3i:~: ",3tm'=:.~:~'''il~~i:'~jiJ~i.'''''', -1~Jk 1~'~~Lu.'~H~: ...N/A.......'..... N/A "i -... 162.20: 164.23' 16626' 168.28,' 170.3 ( 172.74, 175.18; ,_..~!~p..3. . N/A .St~p.~.. N/A N/A N/A N/A N/A 'N/A'''' ...... . "" ~.-.."~,,..~ .~ N/A N/A N/A N/A .....i.. ...... DATE SUBMITTED: January 7. 2009 BILL # Otj- O/~ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SI ........................................................................................ SUBJECT: Resolution to declare an emergency to amend the Comprehensive Plan outside of the annual process. Committee Meeting Date: ~.!1n~ary 14, ~_OO~___ COUNCIL MEETING Date: January 2 1,2009 \ Department: DCD Presenter: Andrea 1.. Spencer Phone: 473.5283 Reso(~~ NO. 301~ SUMMARY: In 2007 the City Council adopted the Westpark Sub-Area Plan - this plan implemented the vision established in the 2004 Comprehensive Plan for the Westpark site. Since the time of plan adoption, Bremerton Housing Authority (BHA) has continued to evaluate the site's opportunities and physical constraints, along with changing economic and market conditions, and financial requirements for redevelopment, and has determined that modifications to the adopted sub- area plan and development regulations are required to enable redevelopment to be economically viable. These sub-area plan changes will require amendments to the City's Comprehensive Plan. In September 2008, BHA received a 20-million dollar HOPE VI grant from HUD to support redevelopment of the Westpark (now called "Bay Vista") site, and the conditions of that grant require that all redevelopment activities be completed, inclusive of all permitting and construction, within 54 months of grant award. The Director of Community Development recommends that the City Council declare an emergency, pursuant to BMC 20.10.050(e), to allow an amendment to the Comprehensive Plan outside of the annual cycle to allow updates to the Bay Vista Sub-Area Plan. This declaration is necessary because any delay, loss of funding, and continuation of blighted conditions at this site would be contrary to the public health and safety and to the best interests of the City's citizens. ATTACHMENTS: Resolution for emergency Comprehensive Plan amendment in 2009. FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: --- COMMITTEE CHAIR \ "'-- COUNCIL PRESIDENT: CONSENT AGENDA X GENERAL BUSINESS PUBLIC HEARING D RECOMMENDED MOTION: Move to pass Resolution No. 301~ which finds that an emergency situation exists as defined by BMC 20.1O.050( e) and authorize staff to initiate a Comprehensive Plan amendment process outside the annual review process to consider amendments to the Westpark (now called "Bay Vista") Sub Area Plan. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action RESOLUTION NO. 3070 A RESOLUTION of the City Council of the City of Bremerton, Washington, finding that an emcrgcncy cxists pursuant to BMC 20.1 O.050( e) requiring an immediate amendment to the City of Bremerton Comprchcnsive Plan outside of the annual process regarding the Bay Vista (formerly calkd "Westpark") Sub-Area Plan. WHEREAS, the City passed Resolution Nos. 1730 and 2117 and Ordinance No. 4830 designating blightcd areas, and made findings that redevelopment of these areas are necessary in the interest of public health, safety, morals and welfare of the residents of Bremerton; and WHEREAS, the City adopted Ordinance No. 4873 designating Westpark as a blighted' area and reaffirmed the City's community renewal program; and WHEREAS, the City reaffirmed its intention to cooperate with and assist the Housing Authority of the City of Bremerton (BHA) in redevelopment of the Westpark site, and to provide a framework for redevelopment in the City's Comprehensive Pla,n and zoning reb'1llations; and WHEREAS, the City passed Ordinance No.4917 designating the Westpark site as a Public Sector Redevelopment Site (PSRS) in the 2004 Comprehensive Plan major update which indicated that the site possessed significant potential for redevelopment and that it provides a unique opportunity to benefit the community; and WHEREAS, the Comprehensive Plan requires that a sub-area plan be prepared for PSRS- designated properties, which plan must involve the community in its preparation, be consistent with Comprehensive Plan goals and policies, and contain development standards and design guidelines; and WHEREAS, in 2007, following extensive community involvement, public hearings and environmental review pursuant to the National Environmental Policy Act (NEP A) and the State Environmental Policy Act (SEP A), the City Council passed Ordinance No. 4998 adopting a sub-area plan for the Westpark site which amended the Bremerton Comprehensive Plan; and WHEREAS, the BHA has renamed the site and proposed redevelopment project Bay V ista; and WHEREAS, the BHA has continued to evaluate the site's opportunities and physical constraints, along with changing economic and market conditions, and financial requirements for redevelopment, and has determined that modifications to the adopted sub-area plan and development regulations, and therefore to the City's Comprehensive Plan, are required to enable redevelopment to be economically viable; and WHEREAS, in Scptembcr 2008, the ilEA received a $~O million dollar HOPE VI grant from the U.S. Department of Housing and Urban Developmcnt to support redevelopment of the site, and the conditions of that grant require that all redevelopment activities be completed, inclusive of all permitting and construction, within 54 months of grant award or that the grantee forfeit any unexpended funds; and Emergency Comprehem;;ve Plan Amendment WHEREAS, consistent with the Growth Management Act (RCW 36.70A130(2)(b)), the City has adopted development regulations which limit amendment of the Comprehensive Plan to one time per year, except when an emergency is found to exist or in other limited circumstances (B1\IIC 20.10.OSO(e)); and WlnIERE:AS, delay in amending the sub-area plan would extend review and permitting of redcvelopment and commencement of construction, which would threaten the viability of the Bay Vista redevelopment,jcopardize the availability of the HOPE VI grant funds, and perpetuate the blighted conditions that effect ~he site and the neighborhood; and WHEREAS, such delay, loss offunding, and continuation of blighted conditions would be contrary to the public health, safety, and welfare and such delay would not be in the best interests of the citizens of the City of Bremerton, therefore constituting an emergency situation pursuant to BMC 20.1O.050(e); NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES' HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that an emergency condition exists affecting the Bay Vista site. Immediate action by the City is required to avoid significant threats to the viability of redevelopment and the availability of grant funding, and to assure and expedite removal of blighted conditions that affect the site. This emergency warrants an out of cycle amendment of the City's Comprehensive Plan, consistent with the Growth Management Act and adopted City reb'Ulations pursuant to BMC 20.1 0.050( e). The,: City Council therefore authorizes the processing of an out of cycle Comprehensive Plan amendment for Bay Vista. SECTION 2. Severabilitv. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this _ day of ,2009. CECIL McCONNELL, Council President APPROVED AS TO FORM: A TrEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R:Legal'Ugal\Resolutions'Community Development\2009 Emergency Comp Plan Amendment.doc :2 Emergency Comprehensive Plan Amendment DA TE SUBMITTED: January 7, 2008 BILL# 0'1-013 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 1A ........................................................................................ SUBJECT: Closed Record Public }--Iearing and ordinance to approve a rezone of property located at 5005 Arsenal Way. Ordin4.I?('~ NO, 5073 Committee Meeting Date: Dec.] 0, 2008 COUNCIL MEETING Date: Jan. 21,2008 Departrhent: DCD Presenter: Lindsey Sehmel Phone: (360) 473-5845 SUMMARY: Consistent with the 2008 Comprehensive Plan Amendments, the action before the Council is to grant approval of a rezone of a total of 1.4 acres of land located at 5005 Arsenal Way, from City Utility Lands (CUL) to Master Development (MD). A TT ACHMENTS: A) Staff Memorandum B) Proposed Ordinance . Exhibit A - Hearing Examiner Findings, Conclusions, Recommendation . Exhibit B - Zoning Map Amendment FISCAL IMPACTS (InClude Budgeted Amount): None APPRO V ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: - ., . '/I,..&t5"tC/ CONSENT AGENDA 0 GENERAL BUSINESS 0 PUBLIC HEARING RECOMMENDED MOTION: Move to pass Ordinance No. 5013 approving a rezone of a total of 1.4 acres located at 5005 Arsenal Way. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: City Council From: Lindsey Sehmel, Long Range Planner Date: December 10, 2008 Re: Fire Station #2 Rezone This action is to rezone the 1.4 acres of land located at 5005 Arsenal Way (a City Fire Station adjacent to the Westpark Development) from "City Utility Land" (CUL) to "Master Development" (MD). This action is required to make the City's Zoning fully consistent with the recently changed Comprehensive Plan land use designation for the site to "Public Sector Redevelopment Site" (PSRS). The Bremerton Municipal Code (BMC) "Comprehensive Plan / Zoning Consistency" table in Figure 20.40(b) lists the zoning districts that are consistent with the PSRS designation. The three consistent zoning districts are: · Low Density Residential (R-1 0), or · Master Development (MD), or . Institutional (INST) As you will see from the above list the current zoning of the site of CUL is not consistent with the land use designation of PSRS and a rezone is required to be fully compliant with the Comprehensive Plan. The 2008 Comprehensive Plan amendment docket, passed by City Council on October 15, 2008 by Ordinance No. 5062, contained the land use designation change for this site and therefore created this inconsistency. City staff has initiated this rezone action to resolve the inconsistency within as short a time period as possible since the adoption of the 2008 Comprehensive Plan Amendment docket. Rezone actions are classified by the BMC as a "Type IV City Council Decision" whereby the City's Hearing Examiner holds the open-record public hearing, creates the official public record for the rezone, and provides a recommendation to the City Council. The Hearing Examiner conducted the public hearing on November 24, 2008 and issued a recommendation of rezone to MD on December 9, 2008 (see Exhibit A of the proposed ordinance for the Examiner's recommendation, findings and conclusions). MD zoning is the preferred designation for this subject property because of its adjacency to the Westpark (now called "Bay Vista") redevelopment site which also is zoned MD and has the comprehensive plan land use designation of PSRS. Staff recommends that the Council conduct a closed-record public hearing, consider the record and recommendation prepared by the Hearing Examiner, and approve the rezone to MD for the property located at 5005 Arsenal Way. PROCEDURE FOR CLOSED RECORD HEARING ON HEARING EXAMINER'S RECOMMENDATION I. STAFF REPORT AND PRESENTATION 1. After the Appearance of Fairness inquiry, Council President asks staff to present Hearing Examiner Recommendation. 2. Pursuant to Council policies, no public comment permitted. 3. Council may ask questions of staff and applicant (discussion limited to the record). II. COUNCIL CONSIDERATION The Council may approve and adopt the hearing examiner's recommendation unless one of the following conditions exists on the record: 1. Proceedings were materially affected by irregularities in procedure, 2. Recommendation is outside the authority of the hearing examiner, 3. Recommendation is based on an erroneous interpretation of law, 4. Recommendation is not supported by substantial evidence, or 5. Recommendation is based on clearly erroneous application of law to facts. III. DECISION The Council may take any of the following actions: 1. Approve and adopt the hearing examiner's findings and recommendation, 2. Modify and approve the findings and recommendation based upon council findings, 3. Reject and deny the hearing examiner's findings and recommendation on the proposal as originally submitted based upon councilfindings, or 4. Continue the closed record hearing and remand to the hearing examiner for clarification on issues of record. a) No public testimony on remand. b) Requires consent of applicant if remand causes decision to be made beyond 120 day review period. R:\LEGAL\Departments-General\City Council\City Council Procedure re hearing exam recom.doc ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Official Zoning Map for a total of 104 acres covering one tax parcel located at 5005 Arsenal Way from City Utility Land (CUL) to Master Development (MD), to establish zoning that is consistent with the 2008 Comprehensive Plan Amendment Docket (Ord. 5062) that amended the subject site's land use designation from Transportation, Utilities and Public Facilities (TUPF) to Public Sector Redevelopment Site (PSRS). WHEREAS, the City of Bremerton Municipal Code (BMC) Chapter 20.10 allows applications for annual amendments to the Comprehensive Plan, and consistent with this annual process city staff initiated the Comprehensive Plan land use change for the parcel located at 5005 Arsenal Way; and WHEREAS, on August 19,2008 the Bremerton Planning Commission held a public hearing and made recommendation to City Council for approval of the Comprehensive Plan land use change from Transportation, Utilities and Public Facilities (TUPF) to Public Sector Redevelopment Site (PSRS) for 5005 Arsenal Way; and WHEREAS, on August 16, 2008 a SEP A DNS was issued for the Comprehensive Plan Amendment docket with an administrative appeal deadline of September 1, 2008 and no appeals were filed; and WHEREAS, on August 6,2008 a Notice of Adoption of Existing Environmental Documents was file with the Washington State Department of Ecology under the provisions of WAC 197-11-630 indicating that the environmental record that was created for the 2008 Comprehensive Plan amendment docket was sufficient for this proposed rezone action; and WHEREAS, on October 15,2008 City Council held a Public Hearing, and adopted Ordinance No. 5062 adopting the 2008 Comprehensive Plan Amendment Docket which included the land use change of 104 acres at 5005 Arsenal Way known as Fire Station #2 to PSRS; and WHEREAS, pursuant to Bremerton Municipal Code 20040(b) the City's zoning designations are required to be fully consistent with underlying Comprehensive Plan land use designations; and WHEREAS, the Bremerton Municipal Code "Comprehensive Plan / Zoning Consistency" table in Figure 20040(b) lists three zoning districts that are consistent with the PSRS land use designation, which are - Low Density Residential (LDR), Master Development (MD) or Institutional (INST); and 1 Zoning Map Amendment WHEREAS, the current zoning of the site of City Utility Land (CUL) is not consistent with the land use map and the proposed rezone to Master Development (MD) brings the site into conformance with the Comprehensive Plan land use map and is consistent with the zoning districts listed in BMC Figure 20.40(b); and WHEREAS, the City of Bremerton Municipal Code (BMC) Chapter 20.02 specifies procedures for rezone applications by property owners and members of the public, and a complete application for the rezone of 1.4 acres at 5005 Arsenal Way was submitted by staff to the City on October 21,2008; and WHEREAS, site specific rezones are a Type IV decision requiring the Hearings Examiner to hold an open record hearing and provide a recommendation to the City Council; and WHEREAS, on October 23,2008 and November 5, 2008 the public was notified by legal advertisement in the Kitsap Sun of the opportunity to comment and participate in the open record public hearing held by the Hearing Examiner; and WHEREAS, on November 24,2008 the Hearings Examiner conducted an open record public hearing on the rezone to change the designation of 1.4 acres at 5005 Arsenal Way from City Utility Land (CUL) to Master Development (MD); and WHEREAS on December 9,2008 the Hearing Examiner issued findings, conclusions, and recommendation to rezone the subject property to MD; and WHEREAS, on January 21,2009 the City Council conducted a closed record public hearing to consider the rezone proposal; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The findings, conclusions and recommendation of the Hearings Examiner attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. The Official Zoning Map is hereby amended to change the zoning of 1.4 acres ofland including tax parcel 162401-4-007-2004 from City Utility Lands (CUL) to Master Development (MD) more particularly depicted in Exhibit B. SECTION 3. Severability. If any provision of this ordinance is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remainder of this ordinance. Provided however, that if any provision of this ordinance is held invalid or unconstitutional, then the provision in effect prior to the effective date of this ordinance shall be in full force and effect for that individual provision as if this ordinance had never been adopted. 2 Zoning Map Amendment SECTION 4. 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 ,2009 , Council President Approved this day of ,2009 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2009 ,2009 R:\Legal\Legal\Departments-General\Community Development\Rezone 5005 Arsenal.doc 3 Zoning Map Amendment Exhibit A BEFORE THE HEARING EXAMINER FOR THE CITY OF BREMERTON In the Matter of the Application of ) ) ) ) ) ) City Fire Station #2 No. BP08-001IO City of Bremerton For Approval of a Rezone FINDINGS, CONCLUSIONS, RECOMMENDATION SUMMARY The Hearing Examiner recommends that the request to rezone approximately 1.4 acres at 5005 West Arsenal Way from City Utility Land to Master Development in Bremerton, Washington, be GRANTED. SUMMARY OF RECORD Request: Lindsey Sehmel, on behalf of the City of Bremerton Department of Community Development (Applicant), requests a rezone of 1.4 acres at 5005 West Arsenal Way in Bremerton, Washington from City Utility Lands (CUL) to Master Development (MD). Hearing Date: The City of Bremelton Hearing Examiner held an open record hearing on the request on November 24,2008. Testimony: The following individual presented testimony under oath at the open record hearing: I Lindsey Sehmel, City Long Range Planner Exhibits: The following exhibits were admitted into the record: 1. Planning Commission Findings of Fact & Conclusion, dated August 19, 2008 2. City of Bremerton Ordinance 5062, dated October 15, 2008 3. Rezone Application, October 21, 2008 4. BMC- Comprehensive Plan/Zoning Consistency Table 5. Location Map I The individual submitting the application and the individual testifying in support of the application are the same person. It may be appropriate on future rezone applications initiated by the City to have a Department of Community Development representative be someone other than the Applicant to help preserve the appearance of fairness. Findings, Conclusions, and Recommendation City of Bremer/on Heuring Examiner City Fire Station #2 Rezone, No, BP08-00110 Page I (?f 5 Exhibit A 6. Aerial Photo Map 7. Existing Comprehensive Plan Map 8. Integrated Notice of Application and Public Hearing, dated October 23, 2008 9. Affidavit of Mailing, Site Posting, and Publication of Public Hearing, dated October 24, 2008 10. SEP A Notice of Adoption of Existing Environmental Documents, dated October 24, 2008 II. Notice of Public Hearing with legal ad, dated November 5, 2008 12. Staff Analysis & Conclusions, dated November 13, 2008 The Hearing Examiner enters the following Findings and Conclusions based upon the testimony and exhibits admitted at the open record hearing: FINDINGS 1. Lindsey Sehmel, on behalf of the City of Bremerton Department of Community Development (Applicant), requests a rezone of 1.4 acres zoned City Utility Lands (CUL) to Master Development (MD). The property subject to the rezone request is located at 5005 West Arsenal Way2 in Bremerton, Washington,3 Exhibit 3; Exhibit 12, Staff Analysis, page 1. 2. The City of Bremerton (City) determined the application was complete on October 21, 2008. On October 24,2008, the City gave combined notice of the application and the open record hearing associated with the application by mailing notice to departments, agencies, and owners of property within 300 feet of the subject property, and by posting the combined notice on the subject propeliy.4 The City published notice of the public hearing in the Kitsap Sun on November 5, 2008. Exhibit 8, Exhibit 9, Exhibit 11, Exhibit 12, Staff Analysis, page 2. 3. The City acted as lead agency and analyzed the environmental impact of the proposed rezone request under the State Environmental Policy Act (SEP A). The City prepared a Detennination of Non significance (DNS), dated August 16,2008, on the Comprehensive Plan amendment for the Fire Station #2 parcel. The City determined that the Comprehensive Plan amendment would have no impact on the environment. On October 24, 2008, the City adopted this DNS as the environmental document for the rezone 2 The Staff Analysis references the location as 5005 Arsenal Way. Lindsey Sehmel, City Long Range Planner, testified that the location would more accurately be referenced as 5005 West Arsenal Way. Testimony a/Ms. SehmeJ. 3 The subject property is identified by tax parcel number 162401-4-007-2004. Exhibit 3; Exhibit 12, Staff Report, page 1. A legal description may be found in Exhibit 12, Staff Report, page I. 4 Bremerton Municipal Code (BMC) 20.02.100 and BMC 20.02.110 permit combined notice of application and open record hearing. Findings, Conclusions. and Recommendation City of Bremerton Hearing Examiner City Fire Station #2 Rezone, No. BP08-00110 Page 20/5 Exhibit A request. 5 The adopted DNS was not appealed. Exhibit 10; Exhibit 12, Staff Analysis, page 1. 4. The property is an approximately 1.4-acre triangle-shaped parcel bounded by Kitsap Way on the north, State Highway 3 on the west and West Arsenal Way running southwest to northeast ofthe subject property. Exhibit 6; Exhibit 12, Staff Analysis, page 1. Lindsey Sebmel, City Long Range Planner, testified that the project subject to the rezone request contains Fire Station No.2, which was constructed in the 1970s. Testimony of Ms. Sehmel. 5. The City Planning Commission recommended that the City Council change the City's comprehensive plan designation of the parcel from Transportation, Utilities and Public Facilities (TUPF) to Public Sector Redevelopment Site (PSRS) in order to meet Land Use (LU) goals by integrating edge areas in the planning of neighborhoods, provide for essential services, and improve pedestrian access to commercial services. Exhibit 1. In October, 2008 the City Council approved Ordinance No. 5062, effective October 30, 2008, which changed the comprehensive plan land use designation of the parcel from TUPF to PSRS. Exhibit 3. 6. Adjacent property to the east is currently designated PSRS under the City Comprehensive Plan. The area to the north across Kitsap Way is designated and zoned Freeway Commercial and contains a Dairy Queen and a Denny's. The area to the west and south across State Highway 3 is designated Public Sector Redevelopment Site\West Park SAP by the Comprehensive Plan and zoned Master Development - West Park Subarea Plan. Exhibit 6; Exhibit 12, Staff Analysis, page 1. 7. Zoning classifications must be consistent with City Comprehensive Plan land use designations. RCW Chapter 36. 70A; Bremerton Municipal Code (BMC) 20.40.170. Ms. Sehmel, testified that the parcel had mistakenly been zoned City Utility Land. The intent of the CUL zone is to preserve resource-related functions of land, and to protect watersheds and timberlands. The CUL zone is also intended to ensure healthy forest cover and provide habitat for wildlife. BMC 20.96.010. Under the City's land use code, a CUL zone is not allowed in the Comprehensive Plan's PSRS designation. Chapter BMC 20.40, Figure 20.40(b); Exhibit 4. Due to the City Council's Comprehensive Plan designation amendment of the parcel to PSRS, the current zoning is no longer consistent with the City's Comprehensive Plan. Exhibit 2. The intent of the Master Development zone is to provide large scale development by public entities that provide a clear community benefit and for innovative development meeting unique community needs. The MD zone is allowed in the Comprehensive Plan's PSRS designation. Testimony of Ms. Sehmel; Chapter BMC 20.40} Figure 20.40(b); BMC 20.80.010; Exhibit 4; Exhibit 12, Staff Analysis, page 2. 5 Adoption of existing environmental documents is done under the provisions ofW AC 197-11-630. Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner City Fire Station #2 Rezone, No. BP08-00llO Page3 of5 Exhibit A CONCLUSIONS Jurisdiction The Hearing Examiner has authority to conduct an open record hearing on a rezone request and to issue a recommendation on the request to the Bremerton City Council. Bremerton Municipal Code (BMC) 2.13.070; BMC 2.13.080(3); BMC Chapter 20.02, Table 040. Critelia for Review The Hearing Examiner holds the open record hearing on the rezone request and provides a recommendation to the City Council. BMC Chapter 20.02, Table 040,' BMC 20.58.040(b). The City may grant a site-specific rezone only if it finds that: (1) The rezone is consistent with the Comprehensive Plan; (2) The rezone will advance the public health, safety, or welfare, and will not have adverse impacts on adjacent properties; (3) The rezone is necessary because either: (i) Conditions in the immediate vicinity or neighborhood have so markedly changed that it is in the public interest to approve the rezone; or (ii) The rezone will correct a zone classification or zone boundary that was inappropriate when established; and (4) The rezone is in the public interest. BMC 20.58.040(d). Conclusions Based on Findings 1. The proposed rezone would be consistent with the City Comprehensive Plan. The City Council amended the Comprehensive Plan and changed the land use designation for the property at 5005 West Arsenal Way from Transportation, Utilities Public Facilities (TUPF) to Public Sector Redevelopment Site (PSRS). The parcel was previously zoned City Utility Land by mistake. This zoning designation is not allowed under the current Comprehensive Plan PSRS designation. The Applicant's request to change the zoning from CUL to Master Development (MD) would be consistent with the City Comprehensive Plan, as amended by the City Council. Findings 1-7. 2. The proposed rezone would advance the public health, safety, or welfare, and would not have adverse impacts on adjacent properties. The City provided adequate public notice and opportunity for comment on the rezone request. The City previously analyzed the environmental impact of amending the property's land use designation and issued a DNS as part of the Comprehensive Plan amendment process. The City determined that the proposed rezone would not have a probable significant adverse impact on the environment and adopted this existing DNS. The proposal would allow the continued use of Fire Station #2 in a zone that is consistent with the Comprehensive Plan. The continued presence of the fire station is important to the public health, safety and welfare of the sun'oUDding community. Findings 1, 4, 6-7. Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner City Fire Station #2 Rezone, No. BP08-00110 Page 4 of5 Exhibit A 3. The proposed rezone is necessary because conditions in the immediate vicinity have so markedly changed that it is in the public interest to approve the rezone. Proof of changed conditions is not required for a rezone if the proposed rezone implements policies contained in the comprehensive plan. Bjarnson v. Kitsap County, 78 Wn. App. 840 (Div. I, 1995); Henderson v. Kittitas County, 124 Wn. App. 747 (Div. III, 2004). The City Council determined that a change in the Comprehensive Plan designation from TUPT to PSFS for the parcel was necessary and in the public interest. As a result, the parcel's existing land use zoning of CUL is no longer consistent with the Comprehensive Plan. The proposed zoning amendment from CUL to MD is necessary and in the public interest to bring the zoning district into compliance with the Comprehensive Plan designation. The intent of the Master Development zone is to provide large scale development by public entities that provide a clear community benefit and for innovative development meeting unique community needs. The MD zone is allowed in the Comprehensive Plan's PSRS designation. Findings 1,5, 7. RECOMMENDATION Based on the preceding Findings and Conclusions, the Hearing Examiner recommends that the City Council GRANT the request to rezone 1.4 acres at 5005 West Arsenal Way from City Utility Lands (CUL) to Master Development (MD). Q 'f'.... Recommended this t day of December 2008. ~~~~~~~~ THEODORE PAUL HUNTER Hearing Examiner Findings, Conclusions, and Recommendation City of Bremerton Hearing Examiner City Fire Station #2 Rezone, No. BP08-00110 Page 5 0/5 ~ -1 \-',-,. 2008 Proposed Rezone and Map Amendment :-;> ..__.l ", ~ ~'-..... Il'.q i-"", '" R-10' " ! - , ! !~~0<t:;CCCCC~~~~, '~<, ~)., ",..,,-.,"- '~~ "<'~:>" "'~\, ,/V)~~,> '\~+, ~< ~~/; \ <\.(~\ ',/ /~'/ \'\\ '\ ",' /~(~\ \~\ ,/~/ \ \~~\.\ ' ". 'I: \,~,,\ .II ,/> ,,\',,\ \~ \ //\ \\'~\ '\ \ "'~'\, \ ','<,:, "<" , ___-'---___ __.1- __.___ <,~/-,,~. ;(/ /-....." fi/ ..~~ "- :~/ ---- --./~'? (,41, __.,n _._.::::--=:.~';'~ ~<~_. , --, ---\ ~ i ----~ w: ---I i L___ , Ill' c1i)::- \ .j _.~, r:=S~';~~'=-:::\H!~~e~"7:--' ... Fe ----', , "'" ) \ \ /" v/ ", ;~\.., '-.., '.', ''\ ,,>........ ><:<.'" ',',I", ' /./tf"~'" ~~' "~o\, /// .--/(( "~(" /// ,i ) n.:~i:-~'/ ''''~-l'~\, '",- . '~', -.." ',-'",- <'0, ":.:: ! 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