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HomeMy WebLinkAbout12/21/2011 AGENDA i w j i G0U OG axClntit' -J CITY COUNCIL 345 6 Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 ** *AMENDED* ** DECEMBER 21, 2011 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 PUBLIC RECOGNITION 5 CONSENT AGENDA A Claims & Check Register B Contract Award to H2O Solutions, LLC for Reservoir 4 Maintenance, Cleaning, and Inspection Project C Reappointment of Dennis Treger, CPA to the Audit Committee D Resolution No 3159 authorizing a Finance Agreement for the purchase of 9 Toro Mowers, and an Interfund Loan to Gold Mountain Golf Complex Fund from the Equipment Rental Reserve Fund E Renewal of Property Insurance with Affiliated FM Insurance for 2012 F Confirmation of Katrina Allen as Director of Public Works and Utilities 6 GENERAL BUSINESS A Resolution No 3160 revoking Resolution No 3158 and rejecting the Kitsap Countywide Planning Policies as adopted by the Board of Kitsap County Commissioners B Ordinance No 5174 amending Chapters 10 10 and 10 11 of the Bremerton Municipal Code (BMC) relating to parking enforcement C Ordinance No 5175 amending Ordinance No 5133 and Ordinance No 5153, modifying the 2011 Annual City of Bremerton Budget D Approval of the 2012 International Association of Fire Fighters (IAFF) Collective Bargaining Agreement 7 COUNCIL MEMBER REPORTS 8 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requ►nng special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL 6;A CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date December 21, 2011 Department Financial Services Presenter Cathy Johnson Phone 473 -5296 SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: 1) Check #'s 346250 through 346478 and EFT's 11461 through 11497 in the amount of $1,367,653 03 2) Regular Payroll for the pay period ending December 15, 2011 in the amount of $719,041 91 STUDY SESSION ACTION: ®C n�nt Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT .� COUNCIL ACTION: ❑ Approve ❑ Deny 'able ❑ Continue ❑ No Action Form Updated 4/18/2011 AGENDA BILL Jeb CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract Award for Reservoir 4 Study Session Date December 14, 2011 Maintenance Cleaning & Inspection COUNCIL MEETING Date December 21, 2011 Department PW &U Engineering Presenter Kathleen Cahall Phone (360) 473 -2315 SUMMARY: Bids were opened for the Reservoir 4 Maintenance Cleaning & Inspection project on Tuesday December 6, 2011 A total of 3 bid(s) were received The lowest responsive bid was from H2O Solutions, LLC, with a bid amount of $23,729 10, including Washington State Sales Tax This project involves cleaning, removing debris, and inspecting the Reservoir 4 interior liner and floating cover ATTACHMENTS: 1 Council Summary, 2 Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount) This project is funded through the 2011 Water Maintenance budget The total engineer's estimate is $50,000 APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR 0 AgO ; REC MMENDED MOTION: Move to approve the contract award to I 00 u tions, LLC, in the amount of $23,729 10 including Washington State Sales Tax and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION. Consent Agenda ❑ Genera�usiness ❑ Public Hearing COUNCIL PRESIDENT 64 - COUNCIL ACTION: ❑Approve ❑ Deny ❑ Table ❑Continue El No Action Form Updated 4/18/2011 COUNCIL SUMMARY RESERVOIR 4 MAINTENANCE CLEANING & INSPECTION SUMMARY: The City of Bremerton's Reservoir 4 is an 11- million gallon, in- ground, concrete, treated drinking water reservoir constructed in 1919 In 2002 a polypropylene liner and cover were installed The liner is expected to have a 20 -year life Cleaning and inspection are conducted on a regular basis by diving professionals skilled in working within drinking water systems The work will include the following 1) Remove accumulated sediment from the bottom of the reservoir Provide samples of sediments to the city — containers will be provided 2) Inspect the polypropylene cover and liner Inspect seams with dye for leaks Visually inspect the following for tears, punctures, or other damage • lmerjomts • seams - determine if there are any signs of unbounded sections or "fish mouths" (i a irregular contact surface between the top liner and the bottom liner in a seam) • mechanical attachment of the liner to the concrete at the upper sections of the concrete wall/panel and any other areas where batten strips were used to attach the liner to concrete • mechanical seals (1 a at liner interface with inlets, outlets, ramps, or other appurtenances) • visible portions of the liner - look for any indication that support for the liner is being eroded or removed, e g signs of depressed areas • tensioning system 3) Repair leaks in the liner or cover as necessary 4) Provide written report in electronic format and a video of the work FISCAL: Funds for this project are included in the approved 2011 water maintenance budget CITY OF BREMERTON BID TABULATION BID TITLE Res 4 Maintenance Cleaning and Inspection OPENED BY ; DATE OPENED 12/6/11 TIME OPENED 2 00 pm RECORDED BY �,�elj f1 NAME OF BIDDER BOND BASE BID SALES TAX TOTAL c2I 95 la 3 7 ,Rli /o Li I dS1o/1 %G1no% �Lb 7 66 Dv 36 GZo APPARENT LOW BIDDER SUMMARY TOTAL BID COMMENTS c 1 /0 SE COND LOW BIDDER � � � � � �4G A DD • �v I - THIRIYLOW BIDDER f V0 EN INEER ESTIMATE (INC SALES TAX) $ PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City "), and ( "Contractor "), whose mailing address is The parties agree as follows 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City as specified in the attached (1) Scope of Woik - Reservoir 4 Maintenance Cleaning & Inspection Services, (2) Invitation to Bid and (3) all additional Contract Bid Documents 2. TIME OF COMPLETION. Contractor shall complete the work within ninety (45) calendar days from the date of issuance of the City's Notice to Proceed 3. COMPENSATION. The City shall pay the Contractor the total amount of $ , plus any applicable Washington State Sales Tax, for the work acid services contemplated in this agreement The Contractor shall invoice the City upon completion of the work The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project A Performance Bond Pursuant to Chapter 39 08 RCW, the Contractor, shall provide the City a performance bond for the frill contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial msuiaince compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub - contractors The Contractor shall also secure all applicable business licenses, if required, in connection with the contract seivices, including all required licenses for Contractor's officers. agents, employees and sub- contractors S. TERMINATION. The City may terminate this agreement without notice for good cause "Good cause" shall include, without limitation, any one or more of the following eN ents A The Contractor's failure to supply sufficient skilled woikeis or suitable materials or equipment RESERVOIR d MAINTENANCE CLEANING & INSPECTION t \w ( mho r 2-S 20/1) Pt 'A ORK5 WRF17\1FNI - PqYL I of h B The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise C The Contractor's failure to make full and prompt payment to subcontractors or for material or labor D The Contractor's disregard of federal, state or local laws, rules or regulations E The Contractor's filing for bankruptcy or becoming adjudged bankrupt F The Contractor disregards the authority of the City G The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work H The Contractor's failure to provide continuous competent supervision I The Contractor otherwise violates in any material way any provisions or requirements of the contract If the City terminates this agreement for good cause. the Contractor shall not receive any monies due under this agreement, if any, until the Contract work is completed 6. PREVAILING WAGES. Contractor shall file a "Statement of hitent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work Conti actor shall pay prevailing wages and comply with Chapter 39 12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change If the City deternimes that the chan�.;e increases of decreases the Contractor's costs or tune for performance, the City will male an equitable adjustment The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments However. if the patties are unable to agree, the City will determine the equitable adjustment as it deems appiopriate The Contractor shall proceed with the change order work upon receiving eithei a written or oral work change directive fiom the City or a change order from the City if the Contractor fails to require a change oider within the time allowed. the Contractor waives its right RESERVOIR 4 MAINTENANCE CLEANING & INSPFCTIQN ( V(, mll(i 28 _0I i P1 K WORKS NGRFEt1L\ I Pal' _' of 8 to make any claim or submit subsequent change order requests for that portion of the contract work If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work, however, the Contractor may elect to protest the adjustment as provided below A Procedure and Protest by the Contractor If the Contractor disagrees with anything required by a written work change directive, oral work change directive or change order, including any direction, instruction, interpretation, or detennination by the City, the Contractor shall 1 Give a signed written notice of protest to the City within one business day, 2 Supplement the written protest within five (S) calendar days with a written statement that provides the following information a The date of the Contract's protest b The nature and circumstances that caused the protest c The provisions in this agreement that support the protest d The estimated dollar cost, if any, of the protested work and how that estimate was determined e An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work The City shall have access to any of the Contractor's records needed for evaluating the pi otest 3 The City will evaluate all protests, provided the procedures in this section are followcd tf the City determines that a piotest is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest B Contractor's Duty to Complete Protested Work In spite of any protest, the Contractor shall proceed promptly ti4ith the work as the City has ordered C Contractor's Acceptance of Changes The Contractor accepts all requirements of a change order by ( I) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the Nvay this section provides A change order that is accepted by Contractor as pio %ided in this section shall constitute frill payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change RESERVOIR 4 MAINTENANCE CLEANING & INSPECTION (Vowinho 2.5 _'Ul l ) PUBI iC %N ORKs 1t,RF1_%ML` 1 rat'. ? „f D Failure to Protest Constitutes Waiver By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and detenmination) E Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination) 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement, or, if (and only if) no such provision is applicable, unless that claim is set forth m detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving i ise to the claim At a mmunum, a Contractor's written claim must include the information set forth regarding protests in Section 7 A 2 a -e FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TiME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete 9. WARRANTY. The Contractoi shall correct all defects in workmanship and materials within one year from the date of the Contractoi's acceptance of the City's final payment under this contract When defects are corrected, the warranty for that portion of the work shall extend for one yeai form the date such coriection is completed and accepted by the City The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice fiom the City of the defect If the Contractoi does not accomplish the corrections Aithin a reasonable time, the City may complete the conections and the Conti actor shall pay all costs incurred by the City in order to accomplish the correction 10. INDEMNIFICATION. Contractor 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 injunes and damages solely caused by the C ity's ncgl igence RESERVOIR 4 MAINTENANCE CLEANING & INSPECTION o) () 1 ' 01 J� Pt 131 K WORKS 1 ,01ZI-17%1 EN 1 I'aoL 4 of 8 The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification 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 ansmg out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of thus agreement 11. INSURANCE. The Contractor shall procure and maintain for tine duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing A Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and B Coimmercial General Liability insurance written on an occurrence basis with limits no less than 52,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily mJury and pioperty damage Coverage shall include but not be limited to blanket contractual, products /completed operations /broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability Any payment of deductible or self insuied ietention shall be the sole responsibility of the Contractor The City resei the right to receive a certified copy of all the required insurance policies The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects «ork performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional msuied shall be attached to the Certificate of Insurance RESERVOIR 4 NIAINTENANCF- CLEANING& INSPECTION 'S "011+ Pt QLi( WOW-, \(jRLI Nif NI Pad =e > of S The Contractor's insurance shall contain a clause stating that coverage shall apply sepaiately to each insured against whom claim is made or suit is brought, except with respects to the limit s ofthe insurer's liability The Contractor's insurance shall be primary insurance as respects the Cite and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management, 345 6' Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence bans with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act 12. MISCELLANEOUS. A Nondiscrimination In the hiring of employees for the performance of work under this Agreement or any sub - contract hereunder, the Contractor, its sub - contractors, or any person acting on behalf of such Contractor or sub- contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates B Compliance with Laws Contractor shall comply with all fedeial, state and local laws, rules and regulations throughout every aspect in the performance of this agreement C Work Performed at Contractor "s Risk Contractoi shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agi eement All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection voth the woik D Nonwaiver of Breach The failuie of the City to insist upon strict performance of any of the terns and rights contained herein, or to exercise any option herein confetied in one or more instances, shall not be constructed to be a waiver or ielingtushment of those terms and rights and thev shall remain in full force and effect E Governins; l aw This agreement shall be goN erred and construed in accordance with the la«s of the State of Washington If any dispute arises RESERVOIR 4 MAINTENANCE CLEANING & INSPECTION t Vol / Ilhc t 2'S 111l 11 Pt 131 IC WORKS \t,REENIT \ i Paue 6 ol's between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington F Attorneys Fees To the extent not inconsistent with RCW 39 04 240, m any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement G Written Nonce All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement H Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void 1 Modification No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor J Severability If any one or more sections, sub - sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect K Entire Agreement The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement This agreement and any attached Exhibits contain the entire agreement between the parties Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agrreement shall prevail RESERVOIR 4 MAINTENANCE CLEANING & INSPECT10- N ( \w emho 28 20I h Pt IBI 1(_ \ \'t }RKS A(_jkEL Al I \ r Page 7 ni IN NVITNESS WHEREOF, the parties belox� have executed this agreement CONTRACTOR THE CITY OF BREMERTON Print Name Pnnt Name Patty Lent Title Title Mayor DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR CITY OF BREMERTON Paul C Wandling, PE Project Engineer 3027 Olympus Drive Bremerton, WA 98310 (360) 473 -2351 (360) 473 -5398 (facsimile) APPROVED AS TO FORM Bremerton City Attorney ATTEST Bienierton City Cleik R LEG AL ontraus H)RtiiS Shoifform PW Azr doc RESERVOIR 4 MAiNTENANCF CLEANING & INSPECT ION f \m c nlb _'<S -'(I// PI 131 K WORKS A(,R1-I Mt N I Page 8 01 8 AGENDA BILL c CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeee eeeeeeeee SUBJECT: Re- Appointment of Study Session Date December 14, 2011 Dennis Treger, CPA COUNCIL MEETING Date December 21, 2011 to the Audit Committee Department Auditor Presenter Carol Arends Phone (360) 473 -5280 SUMMARY: The Certified Public Accountant (CPA) position on the Audit Committee is designated by the City Council per Article III, Section 18 of the City Charter and Chapter 218 of the Bremerton Municipal Code Mr Treger is a partner in the Bremerton CPA firm BALL & TREGER He has significant experience in governmental accounting and auditing It is recommended that Dennis Treger, CPA be re- appointed for a three -year term ending December 31, 2014 ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR riTV nTTnor.icv WniANGE ntoErTno MAYOR RECOMMENDED MOTION: Move to confirm the re- appointment of Dennis Treger, CPA to the Audit Committee STUDY SESSION ACTION: ]Consent Agenda ❑ neral ❑ Public Hearing COUNCIL PRESIDENT C° COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 { AGENDA BILL SD CITY OF BREMERTON CITY COUNCIL eeeeeeeeeseee■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Finance Agreement for Golf Study Session Date December 14, 2011 Equipment for Gold Mountain Golf Complex COUNCIL MEETING Date December 21, 2011 R uo lv4fm No • 3 1 55 Department Parks & Recreation Presenter Jeff Elevado Phone 473 -5428 SUMMARY: In May of 2011, City Council approved a Lease - Purchase Agreement to replace nine (9) greens and fairway mowers essential to the maintenance of Gold Mountain Golf Complex The City and the vendor's financing company have been unable to reach agreement on contract language related to the lease- purchase agreement The City's Finance Director has recommended an interfund loan to replace the equipment financing previously arranged by the vendor The nine mowers are budgeted in the Gold Mountain Capital Improvement Plan ATTACHMENTS: 1 Resolution /��► 2 Loan Amortization Schedule 3 Exhibit A - Western Equipment Distributors, Inc Proposal 4 Exhibit B - State of Washington, State Contract No 08506 Summary FISCAL IMPACTS (Include Budgeted Amount) This Interfund loan will require annual payments as listed in the attached Loan Amortization Schedule (Attachment #2) Total Equipment Cost $295,458 63 Amount Financed $261,000 00 Balance of $34,458 63 to be paid out of 2011 Golf Capital Funds Funds are budgeted in the Golf Capital Fund APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: gt so l v}��n /✓o• Move to approve e purchase of nine (9) Toro mowers through Washington State Contract No 08506 with financing through an interfund loan and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT G �2� COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 RESOLUTION NO. 3151 A RESOLUTION, of the City Council of the City of Bremerton, Washington, authorizing an Inter -fund Loan to Gold Mountain Golf Complex Fund from Equipment Rental Reserve Fund WHEREAS, the Gold Mountain Golf Complex Fund has an immediate need for funds to finance the purchase of replacement greens mowers and other rolling stock to maintain the Cascade and Olympic courses WHEREAS, external financing options are more costly than what the City can provide through an inter -fund loan, and WHEREAS, surplus cash in an amount sufficient to meet these cash flow needs is presently on hand in the Equipment Rental Reserve Fund, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. The Assistant Director of Financial Services is hereby authorized and directed to make an inter -fund loan from the Equipment Rental Reserve Fund to the Gold Mountain Golf Complex Fund in an amount not to exceed $261,000 Unpaid principal shall accrue interest at 60% per annum during the first two years After two years, and every two years thereafter, interest will be adjusted to reflect current returns on municipal investments Annual payments of principal and interest shall be made commencing December 31, 2012 This loan shall be repaid not later than December 31, 2016 SECTION 2. Severabdity If any one 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 SECTIONS. 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 , 2011 WILL MAUPIN, Council President 1 Inter fund Loan to the Gold Mountain Golf Course Fund APPROVED AS TO FORM. ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, City Clerk 2 Inter fund Loan to the Gold Mountain Golf Course Fund Mortgage /Loan Calculator with Amortization Schedule Page 2 of 2 Pmt Principal Interest Cum Prm Cum Int Prm Bal 1 51,577.35 1,566.00 51,577.35 1,566.00 209,422.65 2 51,886 81 1,256 54 103,464 16 2,822.54 157,535 84 3 52,198 13 945 22 155,662.29 3,767.76 105,337 71 4 52,511.32 632 03 208,173 61 4,399.79 52,826.39 5 *52,826 39 316 96 261,000.00 4,716.75 0 00 "The final payment has been adjusted to account for payments having been rounded to the nearest cent EXHIBIT A Proposal Western Equipment Distributors, Inc Prepared for Proposal Date 03/08/2011 20224 - 80th Avenue South Gold Mountain Golf Expiration Date 04/01/2011 Kent wA 98032 -1288 P o Box 4130 Quote ID 1252740 Bremerton WA 98312 Prepared by Shawn Frisbee shawn frisbee western -equip com 206 -501 -7248 I am pleased to submit a proposal on the following equipment for your consideration Qt 7 „Model 4l ' Descrl 0(l ft's ""�..5` ;* t `',? i o `• r�i: �...,<^ ah, ° ^ "s`.'>." x � ° `e .^ `'; ":• '? Unl ty- PI', -lCe ,`c` ;,tk+�g Extension 2 30839 Groundsmaster 3500 -D $28,906 05 $57,812 10 2 30841 work Light Kit $187 25 $374 50 6 30836 Leaf Mulching Kit (order 1 per deck) $40 66 $243 96 2 108 -1462 Atomic Mulching Blade Service Pack (6 blades) $81 86 $163 72 2 Toro Protection Plus Comprehensive - 36/2700 4 04357 Greensmaster 3150 -Q $18,472 48 $73,889 92 12 04611 11 Blade Cutting Unit $1,673 48 $20,081 76 4 04626 Narrow w Roller ( 200" Spacing) (Set of 3) $753 28 $3,013 12 4 105 -8336 Light Kit $145 38 $581 52 4 Toro Protection Plus Comprehensive - 36/2700 2 03670 Reelmaster 5410 $27,577.11 $55,154 22 10 03661 8 Blade Cutting Unit $2,038 35 $20,383 50 10 03668 Powered Roller Brush $391 62 $3,916 20 CrossTrax,_ All -wheel Drive Kit (Includes 2 post ROPS 2 03671 w /seatbelt) $3,448 61 $6,897 22 2 03521 TurfDefender Leak Detector Kit $829 25 $1,658 50 2 03667 Air -ride Seat Suspension $416 23 $832 46 2 Toro Protection Plus Comprehensive - 36/2700 1 04357 Greensmaster 3150 -Q $18,472 48 $18,472 48 3 04610 8 Blade Cutting Unit $1,601 79 $4,805 37 1 04626 Narrow w Roller ( 200" Spacing) (set of 3) $753 28 $753 28 1 04474 ND Kit with RODS $2,677 14 $2,677 14 1 105 -8336 Light Kit $145 38 $145 38 1 Toro Protection Plus Comprehensive - 36/2700 Y✓".a 'VSVf 4 Equipment Total $271,856 35 Freight /shipping $205 00 Total $272,061 35 Shawn Frisbee has asked that I forward you the individual pricing information regarding the price quotation that he discussed with you Please contact Shawn at 206 - 501 -7248 with any questions Note The above pricing does not include sales tax Lease Do11ar Buy Out/C5C (t advance payment due) on $295,30494 (f .$250 document fee) Monthly Payment 48 months (tax not included) 60 months (Lax not included) $6,167 55 $5,029 34 Approx7mate Annual Payments Approx7mate Annual Payment $74,010 60 $60,352 08 Proposal o . LL Western Equipment Distributors, Inc Prepared for Proposal Date 03/08/2011 20224 - 80th Avenue South Gold Mountain Golf Expiration Date 04/01/2011 Kent wA 98032 -1288 P o Box 4130 Quote ID 1252740 Bremerton WA 98312 Prepared by Shawn Frisbee shawn frisbee @western -equip com 206- 501 -7248 FINANCING Documentation fee of $250, Rates set in relation to market conditions, First monthly payment in advance, All rates and terms subject to credit approval Rates and payments sub3ect to change End of Lease options S1 out - Conditional sales Contract Purchase equipment for $1 Department of General Adramstratlon - Contract 08506 Summary EXHIBIT B GA I I " General Administration GA Ptrtormance t. r y ter !44 r . d Office of State Procurement - Customer Service (360) 902 -7400 or csmail @ga wa gov Lawn and Grounds Equipment Contract #: 08506 Replaces: 04402 This is a catalog discount contract for various manufacturers /suppliers in 18 categories of lawn and ground equipment Replaces Contract 04402 The purpose of this contract is to establish a convenience -use contract for the as- needed purchase of agricultural lawn and grounds equipment in the following categories 1 Hand Held Equipment 2 Walk- Behind Equipment 3 Riding Mowers -Up to 30 Horsepower 4 Lawn and Garden Tractors -Up to 30 Horsepower 5 Equipment for Riding Mower, Lawn and Garden Tractors 6 Residential Front Mowers and Equipment 7 Commercial Walk- Behind Mowers and Equipment 8 Commercial Ztrack Mowers and Equipment 9 Commercial Front Mowers and Equipment 10 Commercial Wide Area Mowers 11 Industrial Mowers 12 Compact utility tractors -Up to 48 Horsepower 13 Equipment for Compact Utility Tractors 14 Utility Tractors -Up to 65 Horsepower 15 Equipment for Utility Tractors 16 Utility Vehicles -Up to 65 Horsepower 17 Equipment for Utility Vehicles 18 Tractors, 2x4 and 4x4 70 to 120 Horsepower 19 Agricultural equipment f 8Raii#'' 21 Commercial Lawn Shredders And Chippers Current Term Start Date: 02 -01 -2011 Award Date: 01 -30 -2007 Est. Annual Worth: $10,984,952 Current Term Stop Date: 01 -31 -2013 Final Term End On: 01 -31 -2013 Commodity Code(s): 515-35,515-45,515-56,760 -90,765-09,765-11 765-13 765-85,765-87 Diversity: 0% WBE 0% MBE # of Bids Received 16 Who can use this contract? Washington State agencies E Qualified Cooperative Members (Political Subdivisions /Non -Profit Organizations) Participating Colleges, Universities, Community & Technical Colleges Oregon Coop Members Contract Documents & Resources View Current Contract Information (CCI) Contract Activity Original Solicitation Document Submit Contractor Feedback Solicitation Addendum Best -buy Notification Contractors(s). ALAMO SALES CORP BR TRACTOR COMPAN IN CNH AMERICA LLC EXCEL INDUSTRIES, INC HORIZON DISTRUBUTORS INC 3 AND I POWER EQUIPMENT INC ►epartment of General Admnustration - Contract 08506 Summary Page 2 of 2 JOHN DEERE COMPANY MORIDGE MANUFACTURING, INC. MTD CONSUMER PRODUCTS STAN BONHAM CO TIGER CORPORATION WESSPUR TREE EQUIPMENT _ 6 8 0 a M W K Information about the number of bids received is included to show Vendors which contracts would benefit from more competition Assure our customers that we sought the best overall value through as many competitive bids as possible Performance Based Contracting: Performance -based contracts identify expected deliverables, performance measures or outcomes, and payment is contingent on their successful delivery Performance -based contracts also use appropriate techniques, which may include but are not limited to, consequences and /or incentives to ensure that agreed upon value to the state is received ittns / /fortress wa gov/ ga/ anns/ Cnntract�vearr-h /PrintC:nntractgnmmary acnx ?e= 0R50h Current Contract Information Contract No. 08506 Change No. 18 Pa e 37 New Holland 840TL & New Holland Agriculture 850TL Farm Loaders 250% 250% 0 0 30 -150 10115110 All New Holland New Holland Agriculture Implements 260% 260% 0 0 30 -150 9/1/10 All Tiger Corporation Tiger Mowers 130% 130% 13% 1 $50000 1 45 -150 6/18/2010 All CATEGORY TWENTY: Golf & Turf Repair Attachments Parts Delivery Catalog Supplier Manufacturer Equipment /Accessories Manual Set-Up Cost Days/ ARO Date Regions Bid Western Equipment Bernhard 100% 100% 0% $000 60 3/1/2008 All Southwest Washington, All RMT Buffalo Turbme 5% 5% 0% 000 60 1/15/2010 Oregon Cub Cadet Cub Cadet 250% 250% 0% $10000 45 2011 All Western Equipment Dakota 50% 50% 0% $000 60 1 1/1/2007 All Western Equipment Dakota 50% 50% 0% $000 1 60 11/1/2007 All Western Equipment First Products Aeravator 50% 50% 0% $000 60 11/1/2006 All Western Equipment H ei Industnes (Gooses ) 100% 100% 0% $000 60 1/1/2008 All Southcential & RMT Equipment Jacobsen 240% 240% 0% $000 30 10/1/10 Southwest Northwest / Brun Tractor Jacobsen 200% 200% 0% 0% 60 10/1/10 Olympic John Deere Company -G10, G15, G20, G25, G3, 3225C, John Deere Company 7400, 245% 245% 0% $000 30 -90 11/1/10 All Western Equipment Lely 10% 10% 0% $000 60 11/1/2007 All Tiger Corporation Tiger Mowers 130% 130% $1300 $25000 6/18/2010 All esters ui ment oro 175/o o -- - - 0 °l0 Western Equipment Turfco 50% 50% 0% $000 60 2/1/2006 All 37 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT. 2012 Property Insurance Study Session Date Dec 21, 2011 renewal COUNCIL MEETING Date Dec 21, 2011 Department City Attorney's Office Presenter Roger Lubovich and Thelma Swem Phone 473 -2345 SUMMARY The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind property insurance coverage on City assets and requires City Council approval for the continuation of the bound coverage However the property insurance coverage premium for 2012 has increased significantly and staff is requesting approval prior to binding coverage for 2012 The annual premium (including engineering fees) proposed for 2012 is $279,445 Coverage is subject to a $100,000 deductible for most losses Earthquake and flood insurance is only provided for the Wastewater Treatment Plant, the Harborside Conference Center, the Harborside Sculptures and Fountains and PSNS Memorial Plaza ATTACHMENTS. FISCAL IMPACTS (Include Budgeted Amount) Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2012 APPROVALS DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION Move to approve t binding and continuation of property insurance with Affiliated FM Insurance for 2012 STUDY SESSION ACTION. P<Co ent A e ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 AGENDA BILL v5F CITY OF BREMERTON CITY COUNCIL . ........................................................ ............................... SUBJECT: Council Confirmation of a new Study Session Date 12/14/11 Director of Public Works & Utilities COUNCIL MEETING Date 12/21/11 Department Executive Presenter Mayor Patty Lent Phone 360 -473 -5266 SUMMARY: BMC Chapter 2 05, Section 2 05 020 (a) and Chapter 2 50, Section 2 50 032 (a) requires Council confirmation for the appointment of a Department Director Council confirmation is requested to hire Katrina Allen as Director of Public Works & Utilities Mrs Allen's career spans 34 years in the public sector including nine years as the Public Works Director and City Engineer for the City of San Jose, California, and 4 years as the Dierctor of Engineering Services and City Engineer for the City of Spokane, WA, 1 year as Waste Water Management — Associate Engineer for the City of Spokane, WA, and 20 years as a Water and Hydro - Electric Services — Engineer Technician for the City of Spokane WA She holds a Masters in Public Administration from Eastern Washington University, a Bachelor of Science in Civil Engineering from Gonzaga University, and a Bacheor of Arts in Math and Economics from Eastern Washington University She has a WA State Professional Engineer License, WA State Water Manager Class IV Certification, and a WA State Waste Water Class II Certification ATTACHMENTS: Resume and Letter of Engagement outlining the negotiated terms of her employment with the City of Bremerton FISCAL IMPACTS (Include Budgeted Amount) Position is fully funded APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to confirm Katrina Allen as the Director of Public Works and Utilities STUDY SESSION ACTION: Co ent A end ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action ,�ALG- -V ; Office of the Mayor ON 345 6th Street, Suite 600 Bremerton, WA 98337-1673 Telephone 360-473-5266 Fax 360-473-5883 patty lent@ci bremerton wa us Patty Lent, Mayor December 13, 201 Ms Katrina Allen Liberty Lake, WA 99019 Re Letter of Offer Dear Katy On behalf of the City of Bremerton, I am very excited and pleased to offer you the position of Public Works Director This letter will constitute a letter of intent that will outline the general parameters of employment between you and the City The employment package offer consists of the following terms, conditions and provisions. Base annual salary of Range 22, Step 6, which is $128,567 04 per year You will receive health care benefits consistent with those provided to all city employees and pursuant to the City's Employment Policies and Procedures. SWe efWashmgfen PFJm 4ehmmm— VJ�, 0 You will accrue vacation time at a rate of 20 days per year Sick leave will be earned at 8 hours per month, 11 paid holidays 4% of your annual salary into a differed compensation program City paid membership to the Washington Public Works Association and the American Public Works Association and paid attendance to the Washington conferences and paid attendance to the national conference as budgeted funds allow All other benefits outlined in Chapter 2 50 of the BMC - MANAGEMENT AND PROFESSIONAL STAFF CONDENSATION PROGRAM If these terms are acceptable I will forward your name to the City Council for confirmation In our form of government the Mayor appoints and the City Council confirms department director appointments. If you find these parameters agreeable please sign below and return at your earliest convenience Sincerely, Patty Lent Mayor Accepted by � laJ rlc, Date: I 1 • 15 -20 Katrina Allen Katrina (Katy) Allen, PE Liberty Lake, WA 99019 OBJECTIVE Pursue a position that aligns with my professional career as a Director of Public Works and City Engineer Specifically interested in leading organizational growth & transformation, emphasis on responsible & responsive public service, efficient delivery of Capital Programs, commitment to outcomes, relationships, focus on innovation and employee development EXECUTIVE SUMMARY Proven leadership and team budding skills Excellent analytical abilities, independent judgment and experience in innovative delivery of Capital Programs and public service A Experience in delivering large scale complex multi - discipline public works projects including coordination with elected officials, agencies and citizens groups ♦ Extensive negotiation skills and strong ability to resolve difficult and complex issues A- Personally committed to mentoring and employee development ♦ Professional Engineer (CA and WA) and Masters Degree in Public Administration PROFESSIONAL EXPERIENCE March 2002 to January 2011 San Jose, CA Public Works Director and City Engineer As the Director of Public Works for the City of San Jose, my oversight included three core service areas construction of public facilities and infrastructure, private development services, and equality assurance The Department ranged in size from 300 to 500 FTE's with staffing levels dependent upon workload which was supplemented with consultants to manage spikes in project schedules and technical expertise Responsibilities included delivery of the City's Capital Improvement Program, development of a business plan that aligned with service delivery improvements, outcomes focused on results, achieving performance measures targets and fiscal reporting for project delivery Additionally, my responsibilities included Building Official for public facilities, engineering /technical support, for emergency services in alignment with public policy and municipal responsibditites The department had nine divisions Roads and Bridges, Development Services, City Facilities and Architectural Services, Engineering and Construction (sanitary, storm, materials lab, survey and permits), Airport Construction, Equality Assurance, Real Estate, GIS and Administration Prior to my retirement, the City Manager requested that I lead the consolidation of General Services into the Department of Public Works This consolidation was completed FY 2010 -11 Highlights San Jose's "Decade of Investment" — in excess of $46 and more than 1500 projects from 2002 — 2011 As the Director, the Department of Public Works was successful in developing our role and building our reputation for working with Consultants, Architects, Contractors and Developers to complete programs and projects on time, on budget, with minimal disputes and broad based political and community support A key focus during my time in San Jose, was advancing efficiencies and innovative ideas, developing a sense of ownership by the employees, fostering internal and external relationships and cultivating unquestioned ►ntegnty and professional ethics ■ Mineta San jose International Airport - Terminal Area Improvement Program. This 30 month $1 3B negotiated Design -Budd Project included complete reconstruction and upgrade of Terminal A, construction of the new Terminal B, a 3000+ stall Parking Garage, roadways & bridges, baggage systems, concessions, tenant improvements and reconstruction of the taxiwaystaprons The project was completed in June 2010 and was a notable success - $150M under budget and 6 months ahead of schedule with no litigation The project has been the recipient of many awards and was the City's first use of Measure D (negotiated design build procurement) which provided for a qualification based selection of the DB Contractor and negotiations of contract terms ■ New City Hall — Completed in October 2005, this $343M multi -prime construction project was designed by Richard Meier & Partners and built with the City acting as the General Contractor Located in the heart of downtown, the New City Hall serves as home to 1800 city employees and is used a hub for Civic gatherings The project is 535,000 fi and includes an 18 -story office tower, council wing, rotunda and plaza Built at a time of escalating construction costs, a multi -prime delivery strategy was used to strategically utilize private sector cost saving measures • Park Bond Program — Voter approved in 2001, the $228M capital improvement program included construction of Happy Hollow Park & Zoo, Cunningham Skate Paris, numerous Community Centers, park and restroom upgrades, swimming facilities, skate parks, sport fields, dog parks, gymnasiums and tot lots At its peak in 2005, this program had more than 150 project in design or under construction One notable project included Roosevelt Community which received several local and national awards and was certified as LEED Gold During my tenure, the Park's Bond program was brought to the final stages of completion on bme, on budget with tremendous community involvement and support • Library Bond Program — Voter approved in 2001, the $212M capital improvement program included construction of 21 new libraries From site selection through construction closeout and occupancy, the new facilities were each tailored and individually designed to meet the needs and prionties of communitiestneighborhoods groups Many of the new facilities include community rooms, teen homework centers, internet cafes LEED certification and range in size from 25,000 to 10,000 ft • Public Safety Bond Program — Voter approved in 2002, this $159M capital program included 12 new Fire Stations, renovation to existing Fire Stations, a New $70M South Side Police Substation and upgrades to the Police Administration Offices Similar to the other bond programs, Public Works worked with owner departments, oversight committees and the community to develop designs that were innovative, efficient while in maximizing scope within budget • Convention Center — Following the success of the DB Airport Program, the City Council requested that Public Works take over the design and construction for renovation of the Convention Center Prior to my departure in January 2011, procurement, contract negotiations and design development was completed • Animal Service Facility — This 57,000 fi facility opened in September 2004 and is the largest animal care facility on the west coast. This project was challenged when the General Contractor went bankrupt at 75% of completion The City as well as many other Bay Area communities were in need of this facility and we successfully worked with the Contractor's Bond/Surety and sub - contractors who had filed hens, to complete the project as expeditiously as possible to achieve resolution to all outstanding construction issues • North Concourse — This $280M multi-prime project broke ground in August 2004 and was completed in late 2006 Midway through construction, the Airports CIP program was downsized from $3 5B to $1 3B and this project was redesigned from a Concourse to a Terminal Working closely with the Architect and Contractors we were able to shift gears without unraveling the programs progress • Watson Park Clean Up — During the construction of a skatepark, high levels of lead contaminated soils were encountered from a former incinerator that was abandoned in 1915 We quickly shifted from a $200K skatepark to a $20M major "cleanup" project that resulted in containment and encapsulation of the lead contaminated soils This project, located in a flood plain adjacent to an elementary school Hwy 101, included developing a new Master Plan, a total rebuild of the Park, new soccer fields, coordination with DTSC's, and negotiation with adjacent property owners to resolve all litigation issues • Development Services — Led the development and implementation of a new service model and fee structure to insure efficient and streamlined services that were cost recovery This was a collaborative effort that included employees and a developer roundtable • More project information available upon request. August 1998 to March 2002 City of Spokane, WA Director of Engineering Services and City Engineer Responsible for the leadership of all aspects of engineering design (streets, bridges, water, wastewater), construction management, developer services and traffic engineering Responsibilities included full implementation and delivery of capital programs totaling an average annual CIP of $25 million and overseeing all public infrastructure projects and requirements for private development Was responsible for advancing efficient public service goals, implementation of City Council Policy, improving customer service, identifying and negotiating mitigations and construction contracts A key area of focus was to improve performance on project delivery and organizational changes to reduce staff costs and improve project delivery track record Accomplishments included incorporating organizational and administrative measures to support real time project management tracking to insure efficient use of resources The department worked very closely with community development, neighborhoods, businesses, school districts, parks, public safety, the engineering community, and all public utilities to provide Engineering Services citywide May 1997 to August 1998 City of Spokane, WA Waste Water Management — Associate Engineer Design and project management for O &M of the Sanatory and Storm collection systems Projects included sanitary and storm system expansions in conformance with NPDES permit, various rehabilitation projects within the 850 -male sanitary system, development of the storm water program, requests for proposals, contract managementt and development of specifications Responsible for technical review and design standards September 1977 to May 1997 City of Spokane, WA Water and Hydro- Electric Services — Engineer Technician Technical support for program development and project management for the 880 -mile water system and hydroelectric facility Projects included development of a maintenance management system, rebuild of power canal, dam & forebay, project delivery tracking, construction management, participated in the design of reservoirs, pump stations, transmission and distribution system related to the capital replacement and expansion program PROFESSIONAL ACKNOWLEDGMENTS & ENGAGEMENTS • APWA Annual State (CA) Conference 2009 & 2010 — Monterrey CA: Panel participant Community Engagement and Communication Strategies ■ Silicon Valley Women of Influence Award 2009: Business Journal ■ Airport & Aviation Symposium — West Coast 2009: Speaker on Design Budd Benefits and Strategies ■ California Construction EXPO - "Building California's Future" - 2007 & 2008: Speaker and Presenter on "Public Works Project Delivery Strategies" ■ CLE International 2007, 2008 & 2009 — San Francisco : Keynote speaker and presenter on construction topics related to claim and litigation strategies ■ Association of General Contractors — Bay Area: Speaker and Presenter at numerous annual meetings related to San Jose's Capital Program and "new thinking" strategies ■ Silicon Valley Women's Leadership Forum 2008: Speaker on Women in Non - Traditional Careers i San Jose State University - Appointed by Dr Belle Wei, Dean for the School of Engineering, to assist in curriculum development and program feedback ■ 2004 APWA National Award for Management and Innovation: The award was received for development of an in house web based project management tracking system that improved information related to all capital projects, saved $200,000 in advertising costs, became a resource for small and local business interests and enhanced access to project status information for elected officials, project managers and the community EDUCATION Masters in Public Administration — June 2001 Eastern Washington University (Graduation with distinction 3 95 GPA) Bachelor of Science in Civil Engineering — May 1996 Gonzaga University (Cum Laude) Bachelor of Arts in Math and Economics — August 1976 Eastern Washington University (Sigma Cum Laude) ACCREDITATIONS State of California PE License # 43598 (Civil Engineer) State of Washington PE License #34266 (Civil Engineer) Water Manager Class IV, State of Washington Waste Water Class II, State of Washington PROFESSIONAL MEMBERSHIPS & ACCREDITATIONS American Public Works Association —1997 to present American Water Works Association —1983 - 2002 Washington Association of City Engineers - Board Position 2000 -01 AWWA Washington State Regional Conference Presenter —1996 Presentation at Southwestern Regional Engineering Conference in San Antonio, Texas —1996 Spokane City Credit Union, Chairperson 1999 -2002, Board position 1986 - 2002 National Management Association, Chapter President 1989 AGENDA BILL &A CITY OF BREMERTON CITY COUNCIL ■■ ������e�a������������ee���e���r���e�e������������e���e�e����ee�e�������������ee������e SUBJECT: Resolution No Study Session Date 12/14/2011 revoking Resolution No 3158 and rejecting COUNCIL MEETING Date 12121/2011 the Krtsap Countywide Planning Policies as Department DCD adopted by the Board of County Presenter Andrea L Spencer Commissioners Phone 3 60 473 5283 SUMMARY: On December 7, 2011 the City Council passed Resolution No 3158, ratifying amendments to the Countywide Planning Policies (CPP's) Following additional review of the CPP's it was determined that there may be inconsistencies between the CPP's policies for Essential Public Facilities (EPF) and the Washington Administrative Code (WAC), specifically WAC 365- 196- 550(3)(d), which describes that if an essential public facility and its location have been evaluated through a state or regional siting process, the county or city may not require the facility to go through the local siting process During the CPP update process amendments to Element G were made to reflect consistency with PSRC's Vision 2040. The update did not consider recent changes to state regulations related to EPF. Therefore a comprehensive review and appropriate amendment of Element G is necessary to ensure consistency with state regulations At the study session on December 14, 2011 the City Council directed staff to bring a resolution that both revoked the previous ratification resolution and rejects the amendments to the CPP's until such time as Element G is appropriately amended ATTACHMENTS: Proposed Resolution Ald . 3 b Q FISCAL IMPACTS (Include Budgeted Amount) No anticipated fiscal impacts APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to pass Reso ion No. X 31 I., n revoking Resolution No 3158 and rejecting the Krtsap Countywide Planning Policies -- STUDY SESSION ACTION: ❑ Co ent A end& General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action Form Updated 11102/2011 RESOLUTION NO. 3 Ito D A RESOLUTION of the City Council of the City of Bremerton, Washington, revoking Resolution No 3158 and rejecting amendments to the Krtsap Countywide Planning Policies and denying ratification. WHEREAS, a Countywide Planning Policies (CPPs) is a written policy statement or statements used solely for establishing a countywide framework from which County and City comprehensive plans are developed and adopted to ensure that City and County comprehensive plans are consistent, and WHEREAS, the Krtsap Regional Coordinating Council (KRCC) originally adopted CPPs in 1992 to coordinate countywide planning among local jurisdictions; and WHEREAS, it is necessary and appropriate to update and revise CPPs periodically to assist the coordination of local planning to keep current with changing conditions and expectations, and WHEREAS, the purpose of this round of CPPs review and amendments was to incorporate the goals and policies contained in the multicounty planning policies as adopted in Vision 2040 as appropriate for Krtsap County and ensure that the goals and policies are consistent with applicable state law, and WHEREAS, the KRCC concluded the 2010 -2011 CPP update process with a set of recommended amendments and additions to the Krtsap County Board of Commissioners on May 24, 2011, and WHEREAS, the Krtsap County Board of County Commissioners adopted the revised CPPs with the passage of Krtsap County Ordinance No 476 -2011 on November 14, 2011, with modification to the KRCC's recommendations by amending the text related to Fully Contained Communities, adding reference to SEPA review on the Ratification diagram in Appendix A, and removing all edits to Appendix B, Population Distribution, and WHEREAS, under the amendment procedures incorporated in the CPPs, revisions to the CPPs adopted by the Board of County Commissioners on November 14, 2011, do not take effect until ratified by cities and Tribes within Krtsap County, and WHEREAS, as currently adopted by the Board of County Commissioners, the amendments to the CPPs are not sufficient to ensure compliance with all state planning regulations, and WHEREAS, the Washington Administrative Code (WAC) and Revised Code of Washington (RCQ) require that no community may preclude the location of any "Essential Public Facility" (EPF), and WHEREAS, in 2010 the WAC was revised relating to EPFs, and 1 Countywide Planning Policy Amendments -Revocation and Rejection WHEREAS Element G of the CPPs contains language for the local evaluation and a comprehensive process for local review for the siting of an EPF and during this policy update process only a minor amendment was made to this Element, and WHEREAS WAC 365- 196- 550(3)(d) describes that if an essential public facility and its location have been evaluated through a state or regional siting process, the county or city may not require the facility to go through the local siting process, and WHERAS Element G of the CPPs does not contain language to allow the state to conduct its own siting process, when pursuant to the above referenced WAC they are allowed to conduct such an evaluation, and WHEREAS the City of Bremerton finds that as currently drafted the CPPs Element G is in conflict with state regulations and needs to be fully revised to ensure consistency with all state regulations related to EPF, and not dust amended in a minor way, and WHEREAS, the City of Bremerton considers the CPPs as amended and adopted by the Board of County Commissioners by Ordinance No 476 -2011 on November 14, 2011, to not sufficiently benefit the planning, development and growth interests of the county, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION]. City of Bremerton Resolution No 3158 ratifying amendments to the Kitsap Countywide Planning Policies is hereby revoked SECTION 2. The amendments to the Kitsap Countywide Planning Policies approved by the Kitsap County Board of Commissioners on November 14, 2011 are hereby rejected by the City of Bremerton, denying ratification of the CPPs SECTION 3. City of Bremerton staff is directed to prepare a letter for signature by the Council President that will be sent to the KRCC Board pursuant to the CPPs, setting forth the findings established by this resolution, providing a written statement of the City's objections and further requesting comprehensive review and amendment of Element G as appropriate to ensure consistency with state regulations SECTION 4. Severability If any one 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 S. Effective Date This Resolution shall take effect and be in force immediately upon its passage. 2 Countywide Planning Policy Amendments -Revocation and Rejection PASSED by the City Council of the City of Bremerton, Washington this day of 3 2011 WILL MAUPIN, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, Interim City Clerk 3 Countywide Planning Policy Amendments - Revocation and Rejection CITY COUNCIL 345 6 1h Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 December 22, 2011 Mary McClure Executive Director Kitsap Regional Coordinating Council PO Box 1934 Kingston, WA 98346 RE: City of Bremerton Refection of Countywide Planning Policy Amendments Members of the KRCC Board On December 21, 2011 the City of Bremerton passed Resolution No 3160 rejecting amendments to the Countywide Planning Policies (CPP's) Under the provisions outlined in the CPP's for "Update and Ratification ", the Bremerton City Council is forwarding a copy of the resolution for the Board's consideration The City of Bremerton specifically objects to Element G, and the fact that the language is inconsistent with state regulations, specifically Washington Administrative Code (WAC) WAC 365- 196- 550(3)(d) describes that if an essential public facility and its location have been evaluated through a state or regional siting process, the county or city may not require the facility to go through the local siting process The City of Bremerton requests that the language in Element G be amended to reflect the requirements of state regulations, specifically the 2010 updates to the WAC related to essential public facilities Additionally, we request that all the amendments to the CPP's be reviewed by legal counsel to ensure that there are no other conflicts with applicable laws Sincerely, Will Maupin City Council President Enclosure City of Bremerton Resolution No 3160 cc Mayor Patty Lent Roger Lubovich, City Attorney Andrea Spencer, Community Development Director Page 1 of 1 From- Courtney Flora [CFlora @mhseattle com] Sent: Monday, December 19, 2011 3 50 PM To: benckson @cityofpoulsbo com Cc: Chaney @omwlaw com, mcclure @kitsapregionalcouncd org, Patty Lent, City Council, Roger Lubovich, David Overton Subject: Kitsap County CPPs Attachments: Kitsap CPPs pdf Mayor Erickson -- Thank you for your consideration of the attached letter related to Kitsap County's update of its Countywide Planning Policies Courtney E. Flora Attorney at Law McCullough Hill Leary, PS 701 Fifth Avenue, Suite 7220 Seattle, Washington 98104 Tel 206 812 3388 Fax 206 812 3389 cfloraArnhseattle corn www mhseattle coin CONFIDENTIALITY NOTICE 'I his email message maybe protected by the attomf- y /chent privilege, work product doctrine or other confidentiality protection If you believe that it has been sent to you in error, do not read it Please reply to the sender that you have received the message in error, then delete it 'I hank you 12/19/2011 M.CCULLOUGH HILL LEARY, PS December 19, 2011 SENT VIA EMAIL Mayor Becky Erickson City of Poulsbo 200 NE Moe Street (3rd Floor) Poulsbo, WA 98370 RE City Ratification of Revised Kitsap Countywide Planning Policies ( "CPPs' Dear Mayor Erickson We represent Overton & Associates ( "Overton "), owner of property in and around Kitsap County Overton has been monitoring the current revisions to the Countywide Planning Policies ( "CPPs' The CPP revision process is untended to ensure consistency between the comprehensive plans of counties and cities sharing a common border or related regional issues CPPs must comply with the requirements of the state Growth Management Act ( "GMA ") WAC 365 - 196 -305. It has come to our attention that the revised CPPs, adopted by the Kitsap County Board of Commissioners by Ordinance on November 14, 2011, do not comply with the GMA. Specifically, Element G of the CPPs creates a local siting process for all essential public facilities that are proposed in Kitsap County This local siting process would apply even to those facilities that have already been evaluated through a state or regional siting process. This requirement is directly contrary to 2010 amendments to state regulations, which provide that "if the essential public facility and its location have been evaluated through a state or regional siting process, the county or city may not requite the facility to go through the local siting process " WAC 365 - 196- 550(3)(d) The revised CPPs must be amended to comply with state regulations We understand that the City of Bremerton is working with the KRCC on a Resolution that would resolve this issue. Overton fully supports this approach and appreciates the City of Bremerton's leadership We ask that Poulsbo abstain from ratifying the Ordinance adopting the revised CPPs until the KRCC adopts a Resolution that ensures that the CPPs will be amended to comply with state regulations Thank you for your considetation of these comments Sincere Courtn Flora 701 Fifth Avenue • Suite 7220 • Seattle, Washington 98104 • 206 812 3388 • Fax 206 812 3389 • www mhseattlecom Mayor Becky Erickson December 19, 2011 Page 2 of 2 CC. Jun Haney, Poulsbo City Attorney Mary McClure, Kttsap Regional Cooidmating Council Mayor Patty Lent, City of Bremerton Bremerton City Council f I From Christine Grenier on behalf of City Council Sent Thursday, December 15, 2011 10 42 AM To City Council Subject KRCC revised resolution in support of the WA State Dept of Corrections & City of Bremerton permitting process Attachments DOc_EPF_RESOLUTION_12_14 2011 doc il DOc_EPF_RESOL [ON_12_14_2011 FYI Christine - - - -- Original Message---- - From Roger Zabinski [mailto rogerz @portofbremerton org] Sent Wednesday, December 14, 2011 9 48 PM To Mary McClure, 'Kim Brackett ', 'Kirsten Hytopoulos', 'Hilary Franz electgregwheeler @ gmail com, Patty Lent, 'Josh Brown ', 'Charlotte Garrido Robert Gelder, Bill Mahan, 'Lary Coppola ', Carolyn Powers, 'Jim Colebank ', Becky Erickson, 'Jeromy Sullivan', 'Kelly Baze', 'Leonard Forsman', 'Rob Purser', 'Tom Danaher', Linda Berry- Maraist, City Council, Roger Zabinski Cc Andrea Spencer Subject KRCC revised resolution in support of the WA State Dept of Corrections & City of Bremerton permitting process Dear KRCC members, Today's KRCC meeting (attended by many via teleconference) was not the most successful meeting or outcome that we could have had There were many concerns - philosophical, procedural etc about giving pro - active support for the project via stating that the CPP criteria have been met We did not have all of the information for everyone to comfortably make that statement via a resolution The resolution presented made affirmations about the criteria having been met and that opened up some concerns Alternatively, if the resolution were worded differently, and more similarly to the wording in the email below, stating that this project is exempt from the CPP Countywide Planning Policy Element G requirement, could we not have supported that? I have drafted an edited version of the resolution that I think is more accurate There is some concern and possibly some confusion about the CPP Element G requirement The City of Bremerton is the permitting jurisdiction and waiving the CPP criteria for this project, on a number of grounds, would not involve different jurisdictions mandating another's policy nor would it be an endorsement of the project and, thus, we would not need to wait for the EIS before we could make this vote I suggest we hold another teleconference dust to 1) remand the CPP Element G for further consideration and possible amendment and 2) "waive the Countywide Planning Policy Element G requirement for KRCC to conduct an essential public facility siting evaluation process (in addition to the SEPA - required process) for a possible WA State Dept of Corrections Intake & Evaluation Facility at the South Kitsap Industrial Area " I think that would have been a more passable motion, one that I would support This would have been a cleaner motion as it would not have required all of the other issues to be satisfied 1 And it would effectively do the same thing and allow the WA Dept of Corrections to keep considering SKIA There are many locations within SKIA in addition to the specific location All of the community identity and other concerns would still be considered and worked with through the permitting process Let me know if there is interest to hold yet another teleconference KRCC meeting this week to re -work this I would like to see SKIA properties developed to their potential and maintain high quality of life in Kitsap Roger Zab.inski Commissioner, Port of Bremerton Please pass this email on to other members of KRCC as deemed appropriate From Mary McClure [mai.lto mcclure @ki.tsapregionalcounci.l org]<mailto [mailto mcclure @kitsapregionalcouncil or g]> Sent Friday, December 09, 2011 4 02 PM To 'Becky Erickson ', 'Bill Mahan ', 'Carolyn Powers', 'Charlotte Garrido City Council, 'Hilary Franz ', 'Jeromy Sullivan', 'Jim Colebank ', 'Josh Brown ', 'Kelly Baze', 'Kim Brackett ', ' Karsten Hytopoulos', 'Karsten Jewell', 'Lary Coppola ', 'Leonard Forsman', 'Linda Berry- Maraist ', 'Mary McClure', 'Myrna Knode', Patty Lent, 'Rob Purser', 'Roger Zabinski ', 'Tom Danaher', 'Vicky Clarke ', Robert Gelder Subject Special KRCC Board Meeting Tuesday, December 14, Noon KRCC Executive Board Members - This is to announce a Special Board Meeting for Wednesday, December 14, 12 00 — 12 30 p m Its purpose is to re- consider the proposal to waive the Countywide Planning Policy Element G requirement for KRCC to conduct an essential public facility siting evaluation process (in addition to the SEPA - required process) for a possible WA State Dept of Corrections Intake & Evaluation Facility at the South Kitsap Industrial Area This notice is to request your participation, either in person at Poulsbo City Hall or via conference call We will send call -in instructions early next week A short agenda packet specific to this meeting will be provided on Monday of this coming week Attached are descriptive materials for your review prior to the agenda packet We would appreciate an RSVP so that we can be sure we have a quorum for this meeting Thank you very much' Mary McClure Executive Management by McClure Consulting LLC Kitsap Regional Coordinating Council 360- 377 -4900 (voice) 360- 297 -7762 (fax) P 0 Box 1934 Kingston, WA 98346 www KitsapRegionalCouncil org <http / /www KitsapRegionalCouncil org> 2 Requested Action: Adopt the resolution as c E S • presented to the eff ect � that the WA State • � Kitsap R I Dept. of Corrections is exempt from } requirements of Element G of the ~ 'Z 'j Coordinating C o ur Countywide Planning Policies (CPP's) for 41 I (-- the siting of an essential public facility in • the City of Bremerton, Kitsap County, Washington, and no further process is required to satisfy the EPF siting Char requirements outlined in the CPP's. Mayor Patty Lent City of Bremerton 6c. South Kitsap Industrial Area: C ommissioner Josh Brown Comm issioner Dept. of Corrections Essential Public Facility Siting Process C Kitsap County December 14, 2011 Commissioner Charlotte Gamdo Commissioner Robert Gelder A RESOLUTION of the Kitsap Regional Coordinating Council, wtsap County confirming that the WA State Department of Corrections is exempt Council Member Will Maupin from the Countywide Planning Policies for the siting of an Council Member Dianne Robinson essential public facility in the City of Bremerton, Kitsap County, Council Member Greg Wheeler Washington. City of Bremerton Council Member Kim Brackett WHEREAS, RCW 36 70A.200 requires Cities and Counties that are Council Member Hilary Franz planning under the Growth Management Act to include a process for identifying and Council Member Kasten Hytopoulos* siting essential public facilities (EPF), and no local comprehensive plan or development City of Bainbridge Island regulation may preclude the siting of EPF; and Mayor Lary Coppola WHEREAS, Kits County and its cities have adopted Count Council Member Carolyn Powers P t3' P � Council Member Jim Colebank * Planning Policies (CPP's), and this document contains Element G (see attached) that City of Port orchard outlines an evaluation framework to coordinate the local siting of EPF to mitigate Mayor Becky Erickson potential adverse unpacts from the location and development of EPF, and Council Member L Berry— Maraist City of Pou►sbo WHEREAS, KRCC recognizes the authority of local jurisdictions of the Council Chair Leonard Forsman County and its cities to adopt land use policies and manage permitting; and Rob Purser* WHEREAS, KRCC is reviewing the CPP Element G criteria for possible Suquamish Tnbe «K amendment and/or updating; and Council Chair Jeromy Sullivan WHEREAS KRCC is waivi the need for the WA State Council Member Kelly Baze � g D of P Port Gamble S'I(lallam Tnbe' Corrections from fulfilling the CPP Element G criteria based on permitting criteria being Commissioner Bill Mahan met and managed through the City of Bremerton, and Commissioner Roger Zabinski' WHEREAS Washing State Eng Substitute House Bill 2836 Port of Bremerton � � � budget provides the State Department of Corrections (DoC) with funding to find a site for Captain Pete Dawson a new prison intake facility in western Washington; and Tom Danaher, PAO Naval Base Kitsap ** WHEREAS, in November 2010 the DoC invited all communities in Mary McClure western Washington to propose a site for consideration, applications had to originate Executive Management from the elected body with junsdiction over the property, and the submittal deadline was McClure Consulting LLC January 6, 2011, and ' Altemate * * Ex officio Member WHEREAS, after taking public comment on January 5, 2011 the City "* Associate Member Council of Bremerton Washington passed Resolution No. 3132; supporting an P 0 Box 1934 application to the DoC for the siting of a Westside Reception Center within the City of Kingston, WA 98346 Bremerton; and 360- 377 -4900 (voice) 360- 297 -7762 (fax) www KitsapRegionalCouncil oM WHEREAS, In January 2011 the DoC received submittals to consider 15 properties from interested communities, and each site was considered, evaluated, and ranked for its appropriateness; and WHEREAS, following the evaluation of the site submittal packages the DoC determined that there were three most suitable sites for the Westside Reception Center (Mason County, Bremerton, and McCleary) and these three sites would be considered in an Environmental Impact Statement(EIS) as part of the State Environmental Policy Act (SEPA) review; and WHEREAS, an EIS is a document that provides an evaluation of the positive and negative environmental effects of a proposed project, and a cost analysis will be part of the review; and WHEREAS, in a press release the DoC's Prison Director acknowledges that siting a prison in any community will generate questions and concerns, and the DoC realizes the value of keeping the citizens of the chosen communities involved in the selection process, and WHEREAS, the DoC has created a website to inform the public of their project process — http / /www doc wa gov/ business /capitalt)rograms /pnsonsrtm l and created an email address to receive public comment receptioncentersiting@doc wa gov and WHEREAS, in April 2011 the DoC issued a Determination of Significance (DS) under SEPA, and in May 2011 held three separate Scoping Meetings to receive public comments in each of the selected site communities, and WHEREAS, the DoC site selection, evaluation and the EIS process satisfies the required requirements contained within the Element G of the CPP's including an evaluation of the project's impact on the environment and community character, alternatives analysis, an analysis of the project's impacts on resource lands, critical areas, transportation, utilities, noise, odor, and public safety and it will discuss how any impacts can be minimized and/or mitigated, and it will include an evaluation of the project's fiscal impacts, and WHEREAS, the DoC EIS process will have extensive opportunities for public review and comment; and WHEREAS, if the Bremerton site is selected by the DoC as the preferred alternative, then the City of Bremerton would be the permitting authority for the project and their applicable regulations for permit approval, critical area regulations, and public review and comment must also be satisfied; and WHEREAS, the establishment of a Facility Analysis and Site Evaluation Advisory Committee by the KRCC is not deemed necessary due to the process that the DoC has already implemented; NOW THEREFORE: THE KITSAP REGIONAL COORDINATING COUNCIL OF KITSAP COUNTY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Washington State Department of Corrections through: 1) Public process to seek applications for the siting of a new Westside Reception Facility, 2) Site evaluation of applications, and 3) EIS for the top three alternative sites, has satisfied the requirements of Element G of the Countywide Planning Policies (CPP's) for the siting of an essential public facility in the City of Bremerton, Krtsap County, Washington, and no fiurther process is required to satisfy the EPF siting requirements outlined in the CPP's SECTION 2. Effective Date This Resolution shall take effect and be in force immediately upon its passage Kitsap Regional Coordinating Council Page 2 From the Countywide Planning Policies, Element G -3: Establishing a process and review criteria for the siting of facilities that are of a countywide or statewide nature: a When essential public facility as defined in RCW 36 70A 200 is proposed in Kitsap County, the Kitsap Regional Coordinating Council shall appoint a Facility Analysis and Site Evaluation Advisory Committee composed of citizen members selected by the member jurisdictions to represent a broad range of interest groups to evaluate proposed public facility siting At a minimum this evaluation shall consider i The impacts created by existing facilities, u The potential for reshaping the economy, the environment and community character, ui The development of specific siting criteria for the proposed project, giving priority consideration to siting within Designated Centers, iv The identification, analysis and ranking of potential project sites, v Measures to first minimize and second mitigate potential physical impacts including, but not limited to, those relating to land use, transportation, utilities, noise, odor and public safety, vi Measures to first minimize and second mitigate potential fiscal impacts b Certain public capital facilities such as schools and libraries that generate substantial travel demand should be located first in Designated Centers or, if not feasible to do so, along or near mayor transportation corridors and public transportation routes c Some public capital facilities, such as those for waste handling, may be more appropriately located outside of Urban Growth Areas due to exceptional bulk or potentially dangerous or objectionable characteristics Public facilities located beyond Urban Growth Areas should be self - contained or be served by urban governmental services in a manner that will not promote sprawl Utility and service considerations must be incorporated into site planning and development d Uses shall adhere to local health district or state agency rules regarding commercial and industrial use of on -site sewage systems e The multiple use of corridors for mayor utilities, trails and transportation rights -of -way is encouraged f County and City comprehensive plans and development regulations shall not preclude the siting of essential public facilities g Public facilities shall not be located in designated resource lands, critical areas, or other areas where the siting of such facilities would be incompatible Kitsap Regional Coordinating Council Page 3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeseeeseeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Ordinance No Study Session Date December 14, 2011 amending BMC Chapters 1010 and 1011 COUNCIL MEETING Date December 21, 2011 relating to parking enforcement Department City Attorney's Office Presenter Roger A Lubovich Phone 473 -2345 SUMMARY: The proposed ordinance updates the provisions of BMC Chapters 1010 and 1011 to correct outdated references to the Revised Code of Washington and makes other changes relating to the enforcement provisions for parking. ATTACHMENTS: Proposed Ordinance No 5 �?1 FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve Ordnance No 5 17 q amending BMC Chapters 1010 and 1011 relating to parking enforcement STUDY SESSION ACTION: Consent Agenda General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 ORDINANCE NO. 5 71 - 7 T AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending the Bremerton Municipal Code by amending Chapter 10.10 entitled "Restricted Parking Zones" and Chapter 10.11 entitled "Parking Enforcement" correcting references to the Revised Code of Washington, updating provisions of these chapters and making other related amendments WHEREAS, legislation has been enacted to provisions of the Revised Code of Washington resulting in outdated references to these provisions in Chapters 10.10 and 10 11 of the Bremerton Municipal Code, and WHEREAS, the City Council desires to amend certain provisions of the Chapter 10 10 BMC and 10 11 BMC to correct and update these references, update certain provisions of these chapters and to make other related amendments, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. Section 10.10 140 of the Bremerton Municipal Code entitled "Parking for Disabled Persons" is hereby amended to read as follows 10.10.140 PARKING FOR DISABLED PERSONS. (a) As authorized pursuant to RCW 46.61 582, - "erson who has received a current and valid special disabled person's card, decal or license plate from the Washington State Department of Licensing under n GW 4 1 6 38 4-RCW 46 19 050 shall be allowed to park a vehicle being used to transport such person in parking meter spaces free of charge and in nonmetered spaces for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted except as otherwise provided in subsection (b) of this section This section shall have no application to those zones or areas in which the stopping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles Such person shall not be permitted the foregoing privilege unless the person obtains and displays a distinguishing card, decal, or license plate issued pursuant to MW 46 ' -�47RCW 46.19 050 (b) No person shall stop, stand or park a vehicle in a parking space reserved for disabled persons provided on street or on private property without charge without obtaining and displaying a special license plate, card, or decal issued pursuant to RGW 4 Z Q 1 RCW 46 19 050 provided, pursuant to vGW 46 1 3 ° 1 RCW 46 19 050 a time limitation of four (4) hours is imposed on the use of such parking spaces for on -street parking when so signed and a time restriction of four (4) hours is imposed on the use of nonreserved, on -street parking spaces by vehicles displaying the special parking placards when such time restriction is clearly posted (c) A parking space or stall for a disabled person shall be identified as described in RCW 46.61.581, including fine, time limitation (if applicable), and tow -away information Notwithstanding any provision in this chapter, in accordance with RCW 46.61 581, failure of the 1 Parking Code - Updates person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a Class 2 civil infraction under Chapter 7 80 RCW for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a Class 2 civil infraction (d) No person shall make inaccessible the access aisle located next to a space reserved for physically disabled persons (e) Notwithstanding any provision in this chapter, the City's Police Department is authorized to appoint volunteers, with a limited commission, to issue notices of infractions for violations of the City's disabled parking regulations. Volunteers must be at least twenty -one (21) years of age and meet such additional qualifications as established by the City's Police Department A notice of infraction issued by a volunteer appointed under this section has the same force and effect as a notice of infraction issued by police officers and parking enforcement officers for a violation of the City's disabled parking regulations (f) Special Plate, Card or Decal Issued by Another Jurisdiction RCW 46 61 583 is hereby adopted by reference SECTION 2. Section 10 11 010 of the Bremerton Municipal Code entitled "Parking Violations" is hereby amended to read as follows 10.11.010 PARKING VIOLATIONS. In addition to those statutes set forth in the Model Traffic Ordinance as adopted in BMC 10 04 010 restricting standing, stopping and parking of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the following actions (a) Parking in Time Limit and No Repark Zones (1) Downtown Core Where a time limit and no reparkrng is established by official signs, no vehicle may be reparked on either side of the same named street (r e , Pacific Avenue or 5th Street) in the downtown core during the same calendar day after the expiration of the posted time limit For purposes of this section, a vehicle shall be deemed to be reparked and in violation of this section even if the vehicle is moved prior to the expiration of the posted time limit and is reparked on either side of the same named street (2) Residential Where posted, it is unlawful for a vehicle to remain parked, or to be reparked within four (4) blocks of the original parking location within a residential parking permit area, if the parking time or combined parking time for the vehicle exceeds the time limitations of the parking zone Vehicles issued permits under Chapter 10 10 BMC shall be exempt from posted time limits according to the terms of the permit (b) Counterfeit Permits It is unlawful for any person to copy, reproduce, or otherwise counterfeit a parking permit or to possess any counterfeit copy or facsimile of a City parking permit (c) Unauthorized Use of Permit It is unlawful for any person issued a parking permit by the City to (1) Lend, sell or assign said permit to another, (2) Display any permit issued to another, or (3) Display any permit issued when the recipient of the permit is no longer eligible pursuant to Chapter 10 10 BMC. (d) Counterfeit Tokens, Permits or Script It is unlawful to manufacture, use or possess any counterfeit of an official token, parking permit or script distributed by the City for 2 Parking Code - Updates use in any fee collection device (e) Tampering with Parking Meters or Collection Devices No person shall deface, inure, tamper with, open, or willfully break, destroy, or impair the usefulness of any parking meter or collection device (f) Unauthorized Disabled Parking It is a traffic infraction for any person to park a vehicle in a public place provided on private property without charge or on public property reserved for physically disabled persons without a placard or special license plate as provided for in BMC 10.10 140 and R-GW ^ 6 16 34' RCW 46 19 050 If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the placard or special license plate required under this section Additionally, it is a traffic infraction pursuant to subsection (a) of this section for any vehicle displaying the placard or special license plate as provided for in BMC 10 10 140 and D GW ^ 6 ' 4 4 4, RCW 46 19 050 to violate any time restrictions imposed on nonmetered, on- street parking places reserved for persons with physical disabilities as well as nonreserved, on- street parking spaces (g) Expired Registration. It is unlawful to park any vehicle in a public right -of -way or on public property without a current vehicle license registration tab displayed according to law (h) Unlawful Parking in City Lot In addition to other enforcement remedies, it is unlawful to park any vehicle in a City -owned parking lot or structure without paying the posted fee or parking in excess of posted time limits or in violation of use restrictions (i) Obliterating Tire Markings It is unlawful to conceal, obliterate, or erase markings on vehicle tires made by a parking enforcement officer for the purpose of recording parking time 0) False Application It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit (k) Failure to Surrender Permit The Director is authorized to revoke the residential parking permit of any person found to be in violation of its intended use. Upon written notification of permit revocation by the Director, it shall be unlawful for any person to fail to surrender a parking permit as directed (1) Parking or Storage of Vehicles within Right -of -Way Except when otherwise provided by right -of -way use permit or other appropriate City or State permit, the parking or storage of vehicles shall be subject to the following parking restrictions - (1) Time Restriction Parking or storage of any vehicle in excess of seventy - two (72) consecutive hours in a public right -of -way shall be unlawful During continued consecutive hours of parking, after the initial seventy -two (72) hour period, relocation of the vehicle within five hundred (500) feet, and still within a public right -of -way, shall be considered to be the same location within the right -of -way for purposes of calculating the seventy -two (72) hour parking restriction (2) Oversized Vehicles — Additional Restrictions The City Council finds that the parking and storage of vehicles exceeding twenty -two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds ('oversized vehicles ") presents unacceptable risks and hazards to public health, safety and welfare when such vehicles are parked or stored on City streets at times when such vehicles are not engaged in business or commercial activity Because of these risks and hazards to public health, safety and welfare, the City Council further finds that the parking and storage of such vehicles on City streets should be minimized. Therefore, in addition to the restrictions set forth in subsection (1)(1) of this section, no oversized vehicle may repark in a previously parked location in excess of one hundred twenty (120) hours within any consecutive thirty (3 0) day period 3 Parking Code - Updates Relocation of any oversized vehicle within five hundred (500) feet and still within a public right- of-way shall be considered a previously parked location within the right -of -way (m) Parking Against Traffic Except when otherwise provided by City Code, ordinance or resolution, it shall be unlawful for any vehicle to stop or park upon a right of way unless (1) Stopped or parked parallel (or at an angle when authorized) to the traveled portion of the nght -of -way, (2) In the direction of authorized traffic movement of the right -of -way immediately adjacent thereto, and (3) Within twelve (12) inches of the curb or as close as practicable to the edge of the shoulder In the event of a conflict between the provisions of this subsection and RCW 46 61 575 adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10 04 BMC, the provisions of this subsection shall apply (n) Parking Fee — Nonpayment It is unlawful to park a vehicle in any parking space monitored by a parking fee collection device, including parking meters, without payment as indicated on the collection device. (o) Parking Fee — Tune Permitted. It is unlawful to park a vehicle in any parking space monitored by a collection device, including parking meters, for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the time zone, irrespective of the amount of money deposited in such collection device. SECTION 3. Section 10 11.050 of the Bremerton Municipal Code entitled "Nuisance Declared - Appeal" is hereby amended to read as follows 10.11.050 NUISANCE DECLARED — APPEAL - ENFORCEMENT (a) In addition to the enforcement provisions of BMC 10 11040, if any person fails to respond to three or more outstanding infractions for parking a vehicle in violation of this title, the City Attorney may mail a declaration of vehicle nuisance to the registered and legal owners of said vehicle as shown by the records of the Washington State Department of Licensing informing them that the cited vehicle shall be declared a nuisance and subject to immediate impound or immobilization unless, within ten (10) days, either the owner (1) pays the underlying infractions or (2) appeals the declaration of vehicle nuisance (b) Appeal of the declaration of nuisance vehicle will be heard by the Hearing Examiner pursuant to Chapter 2.62 BMC Failure to appear at the scheduled hearing will be deemed a waiver of any rights to contest the declaration At the hearing, the owner shall have the burden of showing the registered owner did not fail to respond to three or more outstanding infractions for parking (c) If the registered or legal owner fails to respond under BMC 10 11 050 to a Declaration of Vehicle Nuisance the City Police Department or their designee a may impound or immobilize said vehicle If impounded or immobilized the vehicle shall not be released until (1) the Police Department or their designee or towing company receives a receipt or other notice from the Court showing that all infractions and crones relating to standing, stopping or parking the vehicle have been paid or otherwise resolved or (2) the owner posts bail with the department in an amount set by the Municipal Court 4 Parking Code - Updates SECTION 4. Section 10 11 060 of the Bremerton Municipal Code entitled "Vehicle Impound" is hereby amended to read as follows 10.11.060 ATINCLE 1AWOUNDOTHER ENFORCEMENT if th + a l ega l OVffiff f ai l s t a a �ME; r o i l 050 + OF and v- rcapvna�icc _ - b a , s - rn m b een pa id OF etheFmse rr C In addition to those penalties established pursuant to Title 10 of the Bremerton Municipal Code a vehicle in violation of any of the parking regulations established herein may be impounded by a registered tow truck operator at the direction of a law enforcement officer pursuant to those requirements established in WAC 308 - 330 -406 and other related sections of the Model Traffic Ordinance as adopted by Chapter 10 04 of the Bremerton Municipal Code Such impound shall occur upon receipt of a signed authorization for the impound provided by the officer at the time and place of the impound SECTION S. Severabihty If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or mvalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 6. 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 , 2011 WILL MAUPIN, Council President Approved this day of , 2011 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, Interim City Clerk ROGER A. LUBOVICH, City Attorney 5 Parking Code - Updates PUBLISHED the day of , 2011 EFFECTIVE the day of , 2012 ORDINANCE NO R \Legal \Legal \Ordinances \legal\Parkmg Code Updates -2011 - Final doc 6 Parking Code - Updates AGENDA BILL &CO CITY OF BREMERTON CITY COUNCIL eeooeeeeeeeeseeeeeeeeeeeeeeseeseeeeeeeeeeeeeeeeeeeeeeeeeeeaeeeeeeeeeeeeeseoeeeeeeeeeee■ SUBJECT: Ordinance No. 515 amendmg Study Session Date December 14, 2011 Ordmances No. 5133 and 5153 modifymg COUNCIL MEETING Date December 21, 2011 the 2011 Annual Budget Department Finance Presenter Becky Hasart Phone 360 -473 -5722 SUMMARY: The Bremerton City Council adopted the 2011 Annual City Budget by Ordinance No 5133 on December 1, 2010 and amended the 2011 Annual City Budget by Ordinance No 5153 on July 6, 2011 Subsequently, certain actions have been taken and conditions have changed which have an impact on the final 2011 Annual Budget, resulting in the need to amend it A10. 6 ATTACHMENTS: The ordinance and attachments, explanatory memo, and detailed fund recap will be provided by the December 14, 2011 study session FISCAL IMPACTS (Include Budgeted Amount) To be discussed at the December 14, 2011 study session APPROVALS: DEPARTMENT DIRECTOR \ CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve Ordinance No of the City Council of the City of Bremerton, Washington, amending Ordinance No 5133 and Ordinance No 5153 relating to the City of Bremerton Fiscal Year 2011 Budget STUDY SESSION ACTION: ❑ Consent Agenda A'General Business ❑ Public Hearing COUNCIL PRESIDENT t COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 ORDINANCE NO. 5175 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Ordinance No 5133 establishing the City of Bremerton's Fiscal Year 2011 budget as amended by Ordinance No. 5153 WHEREAS, the City Council passed the Fiscal Year 2011 City Budget Ordinance (Ordinance No 5133) on December 1, 2010, and WHEREAS, the City Council subsequently amended the Fiscal Year 2011 City Budget (Ordinance No 5153) on July 6, 2011 to provide for certain programs and actions taken up to that point requiring amendment to the 2011 budget, and WHEREAS, the City Council has previously amended the budget by various motions and resolutions subsequent to July 6, 2011 which require a formal amendment by ordinance, and WHEREAS, several City Departments and Funds are experiencing or anticipate additional expenses due to factors such as costs related to provision of contracted services, changed allocations of staff time, and the reallocation of prior period expenditures, and WHEREAS, several City Departments and Funds require adjustment to revenues to reflect activity in 2011 or tuning changes from that which was anticipated in the 2011 budget, and WHEREAS, certain reclassifications of revenues and expenditures are required to properly reflect budget categories in a manner consistent with actuals as classified in accordance with Generally Accepted Accounting Principles, and WHEREAS, each of these actions has an impact on the City of Bremerton's FY 2011 Annual Budget resulting in the need to amend this Budget document, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. Ordinance No 5133 establishing the City of Bremerton's 2011 Budget as amended by Ordinance No 5153 is hereby amended as follows 1 2011 Final Budget Adjustment Amended Proposed Mid -Year Budget Year -End Budget Fund No 2011 Net Adjustments 2011 001 General Fund $ 325,550 City Council $ 325,550 $ Executive 403,520 - 403,520 Financial Services 1,244,280 - 1,244,280 Legal 986,100 - 986,100 Human Resources 364,670 - 364,670 Community Development 1,532,200 - 1,532,200 Municipal Court 1,319,500 - 1,319,500 City Auditor 167,800 - 167,800 Law Enforcement 9,678,440 - 9,678,440 Fire/Emergency Services 8,344,700 - 8,344,700 Police/Fire Pension 2,735,100 - 2,735,100 General Facilities 848,900 105,000 953,900 Parks & Recreation 2,508,200 - 2,508,200 314,173 90,000 404,173 Engineering Non - Department 3,942,925 275,200 4,218,125 Ending Fund Balance 2,194,758 (204,640) 1,990,118 Total General Fund $ 36,910,816 $ 265,560 $ 37,176,376 101 Arterial Street 5,962,599 - 5,962,599 102 Street 2,239,002 90,000 2,329,002 103 Contingency Reserve 1,271,745 - 1,271,745 104 Lodging Tax 413,112 - 413,112 105 Parking System 1,413,050 9,675,000 11,088,050 106 Community Dev Block Grant 2,981,142 - 2,981,142 108 Abatement Revolving 238,371 - 238,371 110 Police Special Projects 1,048,258 - 1,048,258 113 Public Access Television 500,545 25,000 525,545 114 Gilt & Donation Fund 90,012 12,500 102,512 116 Trial Improvement 53,502 - 53,502 117 One Percent For Arts 125,493 - 125,493 120 Conference Center Operating 1,851,296 - 1,851,296 201 Bond Fund 873,005 - 873,005 203 2010 LTGO 753,660 - 753,660 204 2010 UTGO /LTGO (B) 561,313 - 561,313 302 Public Safety Bond 207,733 - 207,733 304 Harborside Plaza & Commons 785,080 - 785,080 305 Park Plaza Construction 4,550,710 - 4,550,710 306 Park Plaza Phase II 5,200,133 - 5,200,133 308 General Govt Capital Improvement 627,840 - 627,840 310 Park Facilities Construction 2,019,363 10,000 2,029,363 311 Evergreen Park Remediation 487,608 - 487,608 331 Lower Wheaton Way 1,710,135 - 1,710,135 401 Water Utility 15,425,137 17,300 15,442,437 407 Golf Mountain Golf 2,582,329 - 2,582,329 451 Wastewater Utility 22,772,238 - 22,772,238 481 Stormwater Utility 6,650,024 - 6,650,024 482 Gorst Creek Watershed 879,769 - 879,769 503 Risk Management 3,345,603 - 3,345,603 506 Employment Security 63,700 - 63,700 507 Accumulated Leave Liability 63,700 104,800 168,500 509 ER &R - Operations & Maintenance 1,802,412 100,000 1,902,412 510 ER &R - Reserves 6,429,101 - 6,429,101 511 information Services 1,143,168 - 1,143,168 Total All funds $ 134,032,704 $ 10,30Q1 00 $ 144,332,864 SECTION 2. That the totals for the funds noted in Section 1 above are hereby appropriated for the fiscal year 2011 2 2011 Final Budget Adjustment SECTIONS. Severabilrty If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 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 , 2011 WILL MAUPIN, Council President Approved this day of 3 2011 PATTY LENT, Mayor ATTEST- APPROVED AS TO FORM SHANNON CORIN, Interim City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO. 3 2011 Final Budget Adjustment r � Memorandum To: City Council Mayor Patty Lent From: Caroline Tompson, Budget Analyst Re: Final 2011 Budget Amendments Date December 14, 2011 The City adopted the 2011 budget by Ordinance No 5133 on December 1, 2010 which was later amended by Ordinance No 5153 on July 6, 2010 In preparation for wrapping up 2011, it is necessary to do one last amendment to the budget to incorporate Council actions that have occurred since the mid year budget amendment as well as to correct other items that have come to the attention of the staff' in Financial Services Enclosed is the final budget amendment ordinance and supporting schedules There are a variety of issues addressed in the amendments, but the primary items are • Formally adopt and incorporate 2011 budget changes approved by council subsequent to the mid year budget amendment • Reclassffy expenditure categories as needed to properly reflect the actuals as classified in accordance with Generally Accepted Accounting Principles • Decrease supplies and reallocate to personnel in Parks department for costs related to fountain maintenance and other unforeseen items ($25,000). • Increase Engineering budget for personnel ($62,000) and supplies ($28,000) for general government engineering work performed that is not related to capital projects or City utility funds Offsetting these expenditures is an additional $40,000 in license and permit revenue • Increase care and custody expenditures in the amount of $132,200 for electronic home monitoring, medical and additional jail days • Decrease unemployment expense in Non - Departmental which is now being accounted for in the Employment Security Fund 506 • Increase transfer -out from the General Fund to Street for outstanding payable due ($90,000) • Increase Stormwater PILOT to reflect anticipated year -end transfers • Reallocate personnel expense in the Street Fund to supplies by $125,000 and increase supplies and services by an additional $40,000 to reflect anticipated year -end expenses associated with routine operations and maintenance • Increase revenue and expenditures in the Parking Fund to account for refunding bond issue previously authorized by Council ($9,675,000) • Increase cable franchise fee revenue ($25,000) and expenditures ($50,000) for BKAT supplies and services and capital equipment purchases • The Fire Donation Fund includes an additional $12,500 in donations and $7,800 in expenditures for EMT equipment purchases. • Reallocate $10,000 in the1 % for Art Fund from capital to supplies for art expenditures which have been previously authorized but under the City's capitalization threshold of $10,000. • Increase debt service in Funds 203 and 204 ($400 each) for fiscal agent fees that were higher than anticipated in 2011 • Increase debt service in the Water Fund by $400 for principal loan payments due and increase transfers -in from Wastewater ($9,300) and Stormwater ($8,000) for cost share of survey equipment • Gold Mountain Golf includes a $170,000 increase in capital expenditures for replacement mowers and other rolling stock equipment • Increase personnel expense in the Employment Security Fund (506) for benefits not previously budgeted ($20,000) • Increase personnel expense in the Accumulated Leave Liability Fund (507) for YTD leave payouts and anticipated Yr-end payouts not previously budgeted ($168,500). • ER &R Operations and Maintenance includes an increase in supplies and services of $125,000 which is offset by $100,000 in revenues for mterfund fuel reimbursement. The budget reflects an estimated fuel expense, however only actuals will be reimbursed by City departments The budget adjustments are necessary to properly reflect the nature and extent of revenues and expenditures of the various City funds and departments. The ending fund balances as amended by this ordinance for the Utility Systems meet or exceed the City's adopted Financial Goals & Policies expectations The General Fund ending fund balance falls below the target level after the proposed budget adjustments The 2011 budget as proposed includes an ending fund balance for the General fund of $1,990,118 which does not meet the target of $2,986,412 and is decreased from the 2011 mid -year budgeted by $204,640 CITY OF BREMERTON 2011 ANTICIPATED REVENUES EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND For the Year Ended December 31, 2011 Amended Proposed Add Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ 7,626,954 $ 7,626 954 $ Sales 6,109,000 6 109 000 - Other 7,897,300 7,897,300 - Licenses and Permits 916,800 956 800 40 000 Intergovernmental 1,910,909 1,980,909 70,000 Charges for Services 3,579,750 3,715,310 135,560 Fines and Forfeitures 1,200,900 1,200,900 - Miscellaneous 385,025 385,025 - Transfers In & Other Financing 4,234,300 4254,300 20,000 Total Revenues 33,860,938 34,126,498 265,560 EXPENDITURES Personnel Expenses 24,755,120 24,870,120 115,000 Supplies Services, and Taxes 8274,393 8,461,593 187,200 Capital Expenditures 52,000 52,000 - Debt Service 414,385 414,385 - Transfers Out 1 220,160 1,388,160 168,000 Total Expenditures 34,716,058 35 186,258 470 200 CHANGES IN FUND BALANCE Net change in fund balances (855,120) (1,059,760) (204,640) Fund Balances - beginning 3,049,878 3,049,878 - Fund Balances - ending $ 2 194,758 $ 1,990 118 $ (204 640) GENERAL FUND EXPENDITURES BY DEPARTMENT City Council $ 325,550 325 550 $ - Executive 403,520 403,520 - Financial Services 1,244 280 1.244 280 - Legal Department 986,100 986,100 - Human Resources 364,670 364 670 - Community Development 1,532 200 1,532,200 - Municipal Court 1,319,500 1,319,500 - City Auditor 167,800 167,800 - Police Department 9,678,440 9 678 440 - Fire Department 8,344,700 8,344 700 - Police & Fire Pension 2,735,100 2,735,100 - General Facilities 848,900 953,900 105 000 Parks & Recreation 2,508,200 2508,200 - Engineering 314 173 404,173 90 000 Non - Departmental 3,942,925 4218,125 275 200 Total Expenditures $ 34 716 058 $ 35 186,258 $ 470.200 The target ending fund balance is 8 5% of annual expenditures excluding capital The target fund balance for the 2011 budget as amended is $2,986,412 The actual ending fund balance after the proposed amendments is $1,990,118, which is lower than the target amount by $996,294 FUND 001 CiTY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND For the Year Ended December 31, 2011 Budget Adjustments: items Previously Approved by Councilor Finance Committee Revenue - increase charges for services in DCD for Gorst Creek - Previously authorized but not included in mid -year 62,560 Expenditure - Increase supplies associated with lighting and efficiency improvements (72 000) Expenditure - Increase personnel associated with maintenance of facilities and lighting and efficiency improvements (33,000) Revenue - increase intergovernmental for grant proceeds associated with lighting and efficiency improvements 70,000 New items Not Previously pproved by Council Expenditure - Decrease supplies and reallocate to personnel for labor performed on Mataan and Lions Parks 25 000 Expenditure - Increase personnel reallocated from supplies for labor performed on Mataan and Lions Parks (25,000) Revenue - increase charges for services for staff labor on Paris Construction projects 73 000 Expenditure - Increase Engineering personnel for labor not associated with capital or utility protects (62,000) Expenditure - Increase Engineering supplies associated with general government activity (28,000) Revenue - Increase Engineering license and permit revenue 40,000 Expenditure - Increase supplies for prof srv's for care and custody expense (electronic home monitoring & medical) (75,500) Expenditure - Increase supplies forjail day expense exceeding contract days (56,700) Expenditure - Decrease personnel for unemployment payments now being charged in Fund 506 25,000 Expenditure - increase transfer -out to Street Fund for outstanding payables due (90,000) Expenditure - Decrease supplies and reallocate to personnel expense for Fire suppression overtime 20,000 Expenditure - increase personnel in Fire - reallocated from supplies (20,000) Revenue - Increase transfer -in from Stormwater for PILOT revenue 20,000 Expenditures - Increase transfer -out to Accumulated Leave Fund for anticipated leave payouts (78,000) Net adjustment to ending fund balance required S (204 640 FUND 001 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE STREET FUND For the Year Ended December 31, 2011 Amended Proposed Add Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2,011 REVENUES Taxes Property $ $ $ 0 Sales 0 Other (parking tax & car tab fees) 300,000 300,000 0 Licenses and Permits 0 Intergovernmental (fuel tax) 776,000 776,000 0 Charges for Services 330,000 330,000 0 Fines and Forfeitures 0 Miscellaneous 60,000 60,000 0 Transfers in & Other Revenue 675,000 765,000 90,000 Total Revenues 2,141,000 2,231,000 90,000 EXPENDITURES Personnel Expenses 1,309,500 1,184,500 (125,000) Supplies, Services, and Taxes 870,184 1,035,184 165,000 Capital Expenditures 0 Debt Service 0 Transfers Out 4,800 5,000 200 Total Expenditures 2,184,484 2,224,684 40,200 CHANGES IN FUND BALANCE Net change in fund balances (43,484) 6,316 49,800 Fund Balances - beginning 98,002 98;002 - - - 0 — Fund Balances - ending $ 54,518 $ 104,318 $ 49,800 Budget Adiustments- New Items Not Previously Approved by Council Revenue - Increase transfer -in from General Fund for outstanding payables due 90,000 Expenditure - Decrease personnel expense - reallocated to supplies 125,000 Expenditure - Increase supplies associated with daily operations (165,000) Expenditure - Increase transfer -out to Accumulated Leave Fund for anticipated payouts (400) Net adjustment to ending fund balance required $ 49,600 FUND 102 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PARKING SYSTEM FUND For the Year Ended December 31, 2011 Amended Proposed Adl Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ $ $ - Sales - Other Licenses and Permits - Intergovernmental Charges for Services 300 300 - Fines and Forfeitures 325,000 325,000 - Miscellaneous 713,000 713,000 - Transfers in & Other Revenue - 9,675,000 9,675,000 Total Revenues 1,038,300 10,713,300 9,675,000 EXPENDITURES Personnel Expenses - - - Supplies, Services, and Taxes 575,888 575,888 - Capital Expenditures - - - Debt Service 575,000 10,250,000 9,675,000 Transfers Out 175,000 175,000 - Total Expenditures 1,325,888 11,000,888 9,675,000 CHANGES IN FUND BALANCE Net change in fund balances (287,588) (287,588) - Fund Balances - beginning 374,750 374,750 - Fund Balances - ending $ 87,162 $ 87,162 $ - Budget Adjustments New Items Not Previously Approved by Council Revenue - Increase other revenue from bond anticipation note proceeds 9,675,000 Expenditure - Increase debt service for bond anticipation note financing (9,675,000) Net adjustment to ending fund balance required $ - FUND 105 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PUBLIC ACCESS TELEVISION OPERATIONS FUND For the Year Ended December 31, 2011 Amended Proposed Add Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ $ $ - Sales - Other (city PEG fees) - - - Licenses and Permits 240,000 265,000 25,000 Intergovernmental 25,000 25,000 - Charges for Services 74,570 74,570 - Fines and Forfeitures - - Miscellaneous 11,600 11,600 - Transfers in - Total Revenues 351,170 376,170 25,000 EXPENDITURES Personnel Expenses 229,100 229,100 - Supplies, Services, and Taxes 36,350 61,350 25,000 Capital Expenditures 25,000 50,000 25,000 Debt Service - - Transfers Out 25,800 25,900 100 Total Expenditures 316,250 366,350 50,100 CHANGES IN FUND BALANCE Net change in fund balances 34,920 9,820 (25,100) Fund Balances - beginning 149,375 149,375 - Fund Balances - ending $ 184,295 $ 159,195 $ (25,100) Budget Adjustments: New Items Not Previously Approved by Council Revenue - Increase license and permits for additional cable franchise fees 25,000 Expenditure - Increase supplies for non - capital video equipment and building maintenance (25,000) Expenditure - Increase capital for equipment purchases (25,000) Expenditure - Increse transfer -out to Accumulated Leave Fund for anticipated payouts (100) Net adjustment to ending fund balance required $ (25,100) FUND 113 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GIFT AND DONATION FUND For the Year Ended December 31, 2011 Amended Proposed Add Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ $ $ - Sales - Other - Licenses and Permits - Intergovernmental - Charges for Services - - - Fines and Forfeitures - Miscellaneous 10,900 23,400 12,500 Transfers in - Total Revenues 10,900 23,400 12,500 EXPENDITURES Personnel Expenses - Supplies, Services, and Taxes 20,600 28,400 7,800 Capital Expenditures - - - Debt Service - Transfers Out 12,000 12,000 - Total Expenditures 32,600 40,400 7,800 CHANGES IN FUND BALANCE Net change in fund balances (21,700) (17,000) 4,700 Fund Balances - beginning 79,112 79,112 - Fund Balances - ending $ 57,412 $ 62,112 $ 4,700 Budget Adiustments New Items Not Previously Approved by Council Revenue - Increase miscellaneous revenue for Fire donations 12,500 Expenditure - Increase supplies for EMT equipment purchases (7,800) Net adjustment to ending fund balance required $ 4,700 FUND 114 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ONE PERCENT FOR ARTS FUND For the Year Ended December 31, 2011 Amended Proposed Add Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ $ $ - Sales - Other - Licenses and Permits - Intergovernmental - Charges for Services 500 500 - Fines and Forfeitures - Miscellaneous 66,500 66,500 - Transfers in - - Total Revenues 67,000 67,000 - EXPENDITURES Personnel Expenses - Supplies, Services, and Taxes 10,000 10,000 Capital Expenditures 10,000 - (10,000) Debt Service - Transfers Out - Total Expenditures 10,000 10,000 - CHANGES IN FUND BALANCE Net change in working capital 57,000 57,000 - Fund Balances - beginning 58,493 58,493 - Fund Balances - ending $ 115,493 $ 115,493 $ - New Items Not Previously Approved by Council Expenditure - Increase supplies reallocated from capital for art purchases below capital threshold (10,000) Expenditure - Decrease capital reallocated to supplies 10,000 Net adjustment to ending fund balance required $ - FUND 117 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE 2010 LTGO For the Year Ended December 31, 2011 Amended Proposed Add Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ $ $ Sales 332,000 332,000 - Other - Licenses and Pen - Intergovernmental 155,000 155,000 - Charges for Services - Fines and Forfeitures - Miscellaneous - Transfers in 120,000 120,000 - Total Revenues 607,000 607,000 - EXPENDITURES Personnel Expenses - Supplies, Services, and Taxes - Capital Expenditures - Debt Service 588,550 588,950 400 Transfers Out - Total Expenditures 588,550 588,950 400 CHANGES IN FUND BALANCE Net change in fund balances 18,450 18,050 (400) Fund Balances - beginning 146,660 146,660 - Fund Balances - ending $ 165,110 $ 164,710 $ (400) Budget Adjustments: New Items Not Previously Approved by Council Expenditure - Increase debt service for fiscal agent fees higher than anticipated (400) Net adjustment required to the ending fund balance $ (400) FUND 203 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE 2010 UTGO/LTGO (B) For the Year Ended December 31, 2011 Amended Proposed Adl Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ 447,300 $ 447,300 $ - Sales - Other - Licenses and Permits - Intergovernmental 41,000 41,000 - Charges for Services - Fines and Forfeitures - Miscellaneous - - Transfers in 72,500 72,500 - Total Revenues 560,800 560,800 - EXPENDITURES Personnel Expenses - Supplies, Services, and Taxes - Capital Expenditures - Debt Service 532,000 532,400 400 Transfers Out - Total Expenditures 532,000 532,400 400 CHANGES IN FUND BALANCE Net change in fund balances 28,800 28,400 (400) Fund Balances - beginning 513 513 - Fund Balances - ending $ 29,313 $ 28,913 $ (400) Budget Adiustments- New Items Not Previously Approved by Council Expenditure - Increase debt service for fiscal agent fees higher than anticipated (400) Net adjustment required to the ending fund balance $ (400) FUND 204 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE PARK FACILITIES CONSTRUCTION FUND For the Year Ended December 31, 2011 Amended Proposed Adl Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ $ $ - Sales - Other - Licenses and Pen - Intergovernmental 1,060,000 1,070,000 10,000 Charges for Services - - Fines and Forfeitures - - Miscellaneous 29,500 29,500 - Transfers in & Other Revenue 172,000 172,000 - Total Revenues 1,261,500 1,271,500 10,000 EXPENDITURES Personnel Expenses - Supplies, Services, and Taxes - - - Capital Expenditures 1,030,000 1,030,000 - Debt Service 6,600 6,600 - Transfers Out - - - Total Expenditures 1,036,600 1,036,600 - CHANGES IN FUND BALANCE Net change in fund balances 224,900 234,900 10,000 Fund Balances - beginning 757,863 757,863 - Fund Balances - ending $ 982,763 $ 992,763 $ 10,000 Budget Adiustments: Items Previously Approved by Council Revenue - Increase intergovernmental revenue for Forest Service Grant - Lions Park trees 10,000 Net adjustment required to the ending fund balance $ 10,000 FUND 310 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WATER UTILITY For the Year Ended December 31, 2011 Amended Proposed Add Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ $ $ - Sales - Other - Licenses and Permits - Intergovernmental 50,000 50,000 - Charges for Services 9,286,000 9,286,000 - Fines and Forfeitures - - - Miscellaneous 458,700 458,700 - Transfers in & Other Revenue 1,300,000 1,317,300 17,300 Total Revenues 11,094,700 11,112,000 17,300 EXPENDITURES Personnel Expenses 4,002,776 4,002,776 - Supplies, Services, and Taxes 3,549,958 3,549,958 - Capital Expenditures 3,145,000 3,145,000 - Debt Service 736,000 736,400 400 Transfers Out 1,388,550 1,400,550 12,000 Total Expenditures 12,822,284 12,834,684 12,400 CHANGES IN WORKING CAPITAL BALANCE Net change in working capital (1,727,584) (1,722,684) 4,900 Fund Balances - beginning working capital 4,330,437 4,330,437 - Fund Balances - ending working capital $ 2,602,853 $ 2,607,753 $ 4,900 The target ending fund balance is 12% of annual expenditures excluding capital The target fund balance for the 2011 budget as amended is $1,162,762 Projected Balance is $2,607,753 after proposed amendments are completed - which exceeds the target level Budget Adiustments: New Items Not Previously Approved by Council Expenditure - Increase debt service for principal loan payments due (400) Revenue - Increase transfer -in from Wastewater for cost share of survey equipment 9,300 Revenue - Increase transfer -in from Stormwater for cost share of survey equipment 8,000 Expenditure - Increase transfers -out to Accumulated Leave Fund for anticipated yr -end payouts (12,000) Net adjustment required to the ending fund balance $ 4,900 FUND 401 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GOLD MOUNTAIN GOLF COMPLEX For the Year Ended December 31, 2011 Amended Proposed Adl Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ $ $ Sales Other Licenses and Permits Intergovernmental Charges for Services 2,122,000 2,122,000 - Fines and Forfeitures - Miscellaneous 89,000 89,000 - Transfers in - - Total Revenues 2,211,000 2,211,000 - EXPENDITURES Personnel Expenses Supplies, Services, and Taxes 1,765,903 1,765,903 - Capital Expenditures 130,000 300,000 170,000 Debt Service 263,100 263,100 - Transfers Out - - - Total Expenditures 2,159,003 2,329,003 170,000 CHANGES IN FUND BALANCE Net change in working capital 51,997 (118,003) (170,000) Fund Balances - beginning working capital 371,329 371,329 - Fund Balances - ending working capital $ 423,326 $ 253,326 $ (170,000) The target ending fund balance is 12% of annual expenditures excluding capital The target fund balance for the 2011 budget as amended is $243,480 Projected Balance is $253,326 after proposed amendments are completed - which exceeds the target level Budget Adjustments: Items Previously Approved by Council Expenditure - Increase capital for replacement of mowers and other rolling stock equipment (170,000) Net adjustment required to the ending fund balance $ (170,000) FUND 407 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE WASTEWATER UTILITY For the Year Ended December 31, 2011 Amended Proposed Add Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ - $ - $ - Sales 10,000 10,000 - Other 2,000 2,000 - Licenses and Permits - - - Intergovernmental - - - Charges for Services 13,744,000 13,744,000 - Fines and Forfeitures - - Miscellaneous 35,000 35,000 - Transfers in & Other Revenue 420,000 420,000 - Total Revenues 14,211,000 14,211,000 - EXPENDITURES Personnel Expenses 3,189,450 3,189,450 - Supplies, Services, and Taxes 3,606,901 3,606,901 - Capital Expenditures 2,330,000 2,330,000 - Debt Service 2,964,000 2,964,000 - Transfers Out 2,137,850 2,153,550 15,700 Total Expenditures 14,228,201 14,243,901 15,700 CHANGES IN FUND BALANCE Net change in working capital (17,201) (32,901) (15,700) Fund Balances - beginning working capital 8,561,238 8,561,238 - Fund Balances- ending working capital $ 8,544,037 $ 8,528,337 $ (15,700) The target ending fund balance is 12% of annual expenditures excluding capital The target fund balance for the 2011 budget as amended is $1,429,668 Projected Balance is $8,528,337 after proposed amendments are completed - which exceeds the target level Budget Adiustments: New Items Not Previously Approved by Council Expenditure - Increase transfer -out to Water for cost share of survey equipment (9,300) Expenditure - Increase transfer -out to Accumulated Leave Fund for anticipated yr -end payouts (6,400) Net adjustment required to the ending fund balance $ (15,700) FUND 451 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE STORMWATER UTILITY For the Year Ended December 31, 2011 Amended Proposed Add Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ $ $ - Sales Other Licenses and Permits Intergovernmental 371,118 371,118 - Charges for Services 2,103,000 2,103,000 - Fines and Forfeitures - - Miscellaneous 21,000 21,000 - Transfers in & Other Revenue 1,558,664 1,558,664 - Total Revenues 4,053,782 4,053,782 - EXPENDITURES Personnel Expenses 1,235,590 1,235,590 - Supplies, Services, and Taxes 583,951 583,951 - Capital Expenditures 1,707,664 1,707,664 - Debt Service 15,000 15,500 500 Transfers Out 592,812 626,512 33,700 Total Expenditures 4,135,017 4,169,217 34,200 CHANGES IN FUND BALANCE Net change in working capital (81,235) (115,435) (34,200) Fund Balances - beginning working capital 2,596,242 2,596,242 - Fund Balances - ending working capital $ 2,515,007 $ 2,480,807 $ (34,200) The target ending fund balance is 12% of annual expenditures excluding capital The target fund balance for the 2011 budget as amended is $295,386 Projected Balance is $2,480,807 after proposed amendments are completed -which exceeds the target level Budget Adiustments- Items Previously Approved by Council New Items Not Previously Approved by Council Expenditure - Increase transfer -out to General Fund for PILOT (20,000) Expenditure - Increase debt service interest payment - higher than anticipated (500) Expenditure - Increase transfer -out to Water for cost share of survey equipment (8,000) Expenditure - Increase transfer -out to Accumulated Leave Fund for anticipated yr -end payouts (5,700) Net adjustment required to the ending fund balance $ (34,200) FUND 481 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE GORST CREEK WATERSHED For the Year Ended December 31, 2011 Amended Proposed Add Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ $ _ $ _ Sales _ Other _ Licenses and Permits Intergovernmental 659,477 659,477 - Charges for Services - Fines and Forfeitures Miscellaneous - - Transfers in 220.292 220,292 - Total Revenues 879.769 879 769 - EXPENDITURES Personnel Expenses 20,000 20,000 Supplies, Services, and Taxes 879,769 859,769 (20,000) Capital Expenditures - _ _ Debt Service Transfers Out _ Total Expenditures 879,769 879,769 - CHANGES IN FUND BALANCE Net change in working capital - _ _ Fund Balances - beginning working capital Fund Balances - ending working capital $ - $ Budget Adiustments Items Previously Approved by Council Expenditure - Decrease supplies and reallocate to personnel 20 000 Expenditure - Increase personnel reallocated from supplies (20,000) New Items Not Previously Approved by Council Net adjustment required to the ending fund balance $ _ FUND 482 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE EMPLOYMENT SECURITY For the Year Ended December 31, 2011 Amended Proposed Add Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ $ $ - Sales - Other - Licenses and Permits - Intergovernmental - Charges for Services - - Fines and Forfeitures - - Miscellaneous - - Transfers in 63,700 63,700 - Total Revenues 63,700 63,700 - EXPENDITURES Personnel Expenses 20,000 20,000 Supplies, Services, and Taxes - - Capital Expenditures - - Debt Service - - Transfers Out - - Total Expenditures - 20,000 20,000 CHANGES IN FUND BALANCE Net change in working capital 63,700 43,700 (20,000) Fund Balances - beginning working capital - Fund Balances - ending working capital $ 63,700 $ 43,700 $ (20,000) Budget Adiustments: Items Previously Approved by Council New Items Not Previously Approved by Council Expenditure - Increase personnel for unemployment benefits paid (20,000) Net adjustment required to the ending fund balance $ (20,000) FUND 506 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE ACCUMULATED LEAVE LIABILITY For the Year Ended December 31, 2011 Amended Proposed Add Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ $ $ - Sales - Other - Licenses and Permits - Intergovernmental - Charges for Services - - Fines and Forfeitures - - Miscellaneous - - Transfers in 63,700 168,500 104,800 Total Revenues 63,700 168,500 - EXPENDITURES Personnel Expenses 168,500 168,500 Supplies, Services, and Taxes - - Capital Expenditures - - Debt Service - Transfers Out - - Total Expenditures - 168,500 168,500 CHANGES IN FUND BALANCE Net change in working capital 63,700 - (63,700) Fund Balances - beginning working capital - Fund Balances - ending working capital $ 63,700 $ - $ (63,700) Budget Adjustments: Items Previously Approved by Council New Items Not Previously Approved by Council Expenditure - Increase personnel expense for YTD accumulated leave payouts (168,500) Net adjustment required to the ending fund balance $ (168,500) FUND 507 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE EQUIPMENT RENTAL RESERVE - OPERATIONS AND MAINTENANCE For the Year Ended December 31, 2011 Amended Proposed Add Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ $ $ - Sales - Other - Licenses and Permits - Intergovernmental - Charges for Services 1,648,000 1,748,000 100,000 Fines and Forfeitures - - Miscellaneous 2,000 2,000 - Transfers in & Other Financing 2,000 2,000 - Total Revenues 1,652,000 1,752,000 100,000 EXPENDITURES Personnel Expenses 643,200 643,200 - Supplies, Services, and Taxes 993,200 1,118,200 125,000 Capital Expenditures - - Debt Service - - Transfers Out 2,400 4,400 2,000 Total Expenditures 1,638,800 1,765,800 127,000 CHANGES IN FUND BALANCE Net change in working capital 13,200 (13,800) (27,000) Fund Balances - beginning working capital 150,412 150,412 - Fund Balances - ending working capital $ 163,612 $ 136,612 $ (27,000) Budget Adiustments- New Items Not Previously pproved by Council Revenue - Increase charges for services for mterfund fuel reimbursement 100,000 Expenditure - Increase supplies for misc operating supplies and fuel expense (125,000) Expenditure - Increase transfer -out to Accumulated Leave Fund for anticipated yr -end payouts (2,000) Net adjustment to ending fund balance required $ (27,000) FUND 509 CITY OF BREMERTON 2011 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE INFORMATION SERVICES For the Year Ended December 31, 2011 Amended Proposed Add Required Mid -Year Year -End From The Budget Budget Amended Budget 2011 2011 2011 REVENUES Taxes Property $ $ $ - Sales - Other Licenses and Permits - Intergovernmental Charges for Services 712,985 712,985 - Fines and Forfeitures - - Miscellaneous - - Transfers in - - Total Revenues 712,985 712,985 - EXPENDITURES Personnel Expenses 598,900 598,900 - Supplies, Services, and Taxes 284,718 284,718 - Capital Expenditures 10,000 10,000 - Debt Service - - Transfers Out 2,200 2,400 200 Total Expenditures 895,818 896,018 200 CHANGES IN FUND BALANCE Net change in working capital (182,833) (183,033) (200) Fund Balances - beginning working capital 430,183 430,183 - Fund Balances - ending working capital $ 247,350 $ 247,150 $ — �ZZIO Budget Adjustments: New Items Not Previously Approved by Council Expenditure - Increase transfers -out to Accumulated Leave Fund for anticipated yr -end payouts (200) Net adjustment required to the ending fund balance $ (200) FUND 511 AGENDA BILL CITY OF BREMERTON CITY COUNCIL . ........................................................ ............................... SUBJECT: 20121AFF Collective Study Session Date December 14, 2011 Bargaining Agreement COUNCIL MEETING Date December 21, 2011 Department Human Resources Presenter Becky Hasart Phone 360 -473 -5722 SUMMARY: The attached represents the one year contract extension negotiated with the IAFF Local 437 (fire union) There are no substantive changes in the language with the exception of incorporating the current memorandums of understanding (MOU) that are still relevant In addition to the one year roll over, the fire union has agreed to continue their 3 4% wage donation to the City for fiscal year 2012. This is immortalized as a separate MOU for signature Also, there is a separate MOU with regards to call back provisions in the event of a reduction in force This contract extension and both MOUs were approved by the fire union this last week ATTACHMENTS: Collective Bargaining Agreement with IAFF Local 437, MOU regarding 3 4% wage concession, and MOU regarding call back provisions due to reductions in force FISCAL IMPACTS (Include Budgeted Amount) Benefit levels remain the same as 2011 All fire personnel will donate 3 4% of their base wage to the city as a wage concession These items are within the adopted 2012 budget levels for the fire department APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve the Collective Bargaining Agreement and the related MOUs for wage concessions and call back between the City of Bremerton and the International Association of Fire Fighters Local 437 and authorize the Mayor to finalize and execute these agreements with substantially the same terms and conditions as presented. STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Forth Updated 4/18/2011 This Memorandum of Understanding (M.O.U.) is agreed upon pursuant to Article 20.2 of the Collective Bargaining Agreement (C.B.A.) between the City of Bremerton (City) and the International Association of Fire Fighters Local #437 (Union). 15.2.1 Any member adversely affected (displaced or reduced in rank) by the exercise of reduction provisions outlined in the civil service rules will retain their eligibility for their presently appointed rank and title without being required to reapply or reengage in the promotional examination process for their formerly /previously held position. 15.2.2 In the event that a reduction in force results in the need for a redistribution of employees from superior ranks to lesser ranks, such reductions in ranks shall be accomplished by reducing in rank those employees with the least tenure in the affected rank counting from the employee's date of promotion. 15.2.3 The Human Resources Manager shall prepare and maintain a list, known as a "Reemployment List", of all persons who are reduced in rank or laid off, by rank or classification. In the event that vacancies occur within the Department while persons remain on the Reemployment List, the order of recall shall be determined by reference to the Reemployment List. The Reemployment List shall be used to offer employment opportunities that may become available by seniority to all persons who have been reduced or laid off, before any employees are promoted from one rank to another or any persons are hired to become new employees of the Fire Department. No person shall be hired or promoted into any rank or classification until the Reemployment List has been exhausted. This agreement is entered into on 21 December 2011. Rob Ashmore, President Allison Duke III, Fire Chief I.A.F.F. Local 437 Brian Viergutz, Vice - President Becky Hasart I.A.F.F. Local 437 Director of Financial Services Patty Lent, Mayor l This Memorandum of Understanding (M.O.0 ) is agreed upon pursuant to Article 20 2 of the Collective Bargaining Agreement (C.B.A.) between the City of Bremerton (City) and the International Association of Fore Fighters Local #437 (Union). In recognition of the City's persistent budget deficit the Union will continue -to donate back to the City the scheduled and guaranteed "minimum" 2% Consumer Price Index (C P.1 -W) increase for each bargaining unit member (reference C.B.A. Article 5.3) through 31 December 2012 and - donate 14% of the base wage to the City, for each bargaining unit member, through 31 December 2012 This financial concession is contingent upon maintenance of a Minimum Staffing provision of thirteen (13) on duty comprised of: one (1) Battalion Chief or acting Battalion Chief, three (3) company otttcers (Captain /Lieutenant /Acting Lieutenant), three (3) Paramedics. The remaining sm (6) positions will be filled by any combination of Fire Fighters, Fire Fighter / Paramedics or company officers. I t ; 6 , A-14-her uRdeWeed that if the G seeks additieRa FiFe DepaFtment budget OF peFSORRel Feduet this M.0 W we be rzendeFed . If both the bargaining unit and the City negotiate a new memorandum of understanding regarding financial concessions, it is agreed that these concessions would terminate effective with the adoption of the new MOU. This letter of understanding may be modified and or revoked by either party with thirty (30) days written notice. This agreement is entered into on 7 December 2011. Rob Ashmore, President Allison Duke III, Fire Chief LAX F. Local 437 Brian Viergutz, Vice - President Becky Hasart I A.F F. Local 437 Director of Financial Services Patty Lent, Mayor DRAFT TABLE OF CONTENTS TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 JANUARY 1, 2OW THROUGH DECEMBER 31, 2042 PREAMBLE. .... .............. ...... ....... .................... ... .............3 ARTICLE 1 NON - DISCRIMINATION ................. ..........................3 ARTICLE 2 RECOGNITION .............................. ..............................3 ARTICLE 3 UNION DUES . ................... ..... ....... .............4 ARTICLE 4 UNION ACCESS . ... ........... .. . ....... ..................4 ARTICLE 5 WAGES ........... ... ..... ................ .....................5 ARTICLE 6 HOURS OF WORK .. ..... ... .. .. .........8 ARTICLE 7 OVERTIME ... .... ...... ...... ... ................ 10 ARTICLE 8 VACATION LEAVE .................. . ............... ........... ARTICLE 9 HOLIDAYS ......... .............................. .....................15 ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITY ........ .............16 ARTICLE 11 OTHER LEAVE ..... . ........................... ................... COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and [AFF LOCAL 437 January 1, 209912 to December 31, 204 Page 1 of 40 DRAFT ARTICLE 12 RETIREMENT BENEFITS .. ... ...... . .. .. . 22 ARTICLE 13 INSURANCE BENEFITS ............................... ... ........23 ARTICLE 14 CLOTHING AND UNIFORM CLEANING ALLOWANCE .. 24 ARTICLE 15 PERSONNEL PRACTICES ................ ..... 24 ARTICLE 16 PROMOTIONAL EXAMS ... .................. ... 26 ARTICLE 17 GRIEVANCE PROCEDURE ............ .... .. .. 30 ARTICLE 18 REGIONAL FIRE AUTHORITY . .............. .... .32 ARTICLE 19 DRUGFREE WORKPLACE ................ ...... 32 ARTICLE 20 LABOR MANAGEMENT COMMITTEE ....... .36 ARTICLE 21 PHYSICAL FITNESS PROGRAM ................ .. ....36 ARTICLE 22 TOBACCO FREE WORKPLACE..... ........ .. 37 ARTICLE 23 DISCIPLINARY ACTION ... ...... .. .........37 ARTICLE 24 SEVERABILITY ................. .... .. 37 ARTICLE 25 ENTIRE AGREEMENT ............................ .. 37 ARTICLE 26 TERM . .. .... .........38 APPENDIX A PAY SCHEDULE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2084!2 to December 31, 204.222 Page 2 of 40 DRAFT COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 January 1, 2OW through December 31, 204-1 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 4156 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the International Association of Fire Fighters Local No 437, hereinafter known as the "Union" for the purpose of setting forth the wages, hours and working conditions which shall be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below ARTICLE 1 NON-DISCRIMINATION 1 1 NON- DISCRIIVHNATORY APPLICATION: The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation, sexual orientation, mental, physical or sensory disability, unless based upon a bona fide occupational qualification 12 DISCRIMINATION ALLEGATIONS: An employee who believes that he or she has been the subject of unlawful discrimination prohibited in Section 1 1 above shall seek relief through the appropriate local, state, or federal agency charged with investigating such matters, and shall not process such complaints through the Grievance Procedure of this Agreement 1.3 NON-DISCRIMINATION — UNION ACTIVITY: The provisions of the Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to Union affiliation or activity or lack thereof The City and the Union shall each be responsible for complying with this provision An employee who believes that he or she has been subject to discriminatory treatment prohibited by this provision may process such an allegation through the Grievance Procedure of the Agreement ARTICLE 2 RECOGNITION 2 1 The City recognizes the Union as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and working conditions for all employees in classifications set forth in Appendix A, and such classification as may be added to the bargaining unit during the term of this Agreement by mutual agreement of both parties or by official action of the Public Employee Relations Commission if mutual agreement cannot be reached. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CiTY OF BREMERTON and [AFF LOCAL 437 January 1, 209912 to December 31, 204- Page 3 of 40 I DRAFT ARTICLE 3 UNION DUES 3 1 DUES DEDUCTIONS: The City will deduct monthly Union dues and initiation fees uniformly required of membership from the pay or 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 32 DURATION OF AUTHORIZATION: Written employee authorizations will remain in effect during the term of this Agreement unless an employee revokes authorization by providing thirty (30) days written notice to the City and the Union 33 EQUIVALENT DUES PAYMENT: An employee who revokes his or her written authorization to deduct dues or who refuses to ,loin the Union shall contribute an amount equivalent to regular Union dues and initiation fees to a non - religious chanty 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 34 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 41 CONDUCT OF UNION BUSINESS: Union business, such as handling grievances and other legitimate routine matters, may be conducted on Fire Department premises, provided that such business does not interfere with Fire Department operations and is authorized by the Fire Chief Scheduled Union meetings may be held in Fire Department facilities provided that such meetings do not interfere with Fire Department operations 42 UNION REPRESENTATIVES: The Union shall provide written notice to the City of the names of the officials authorized to represent the Union immediately upon their election or appointment The City will provide reasonable access to City premises to such authorized representatives for the purpose of handling grievances and other legitimate Union business, provided that such access does not interfere with the work and duties of Union employee representatives or other on-duty employees 43 UNION REPRESENTATIVES RELEASE TEME: The Fire Chief or designee shall grant the six (6) primary Union officers time off with pay pursuant to Section 4 2, not to exceed 216 hours total for all six (6) officers annually, for all scheduled meetings including but not limited to the following WSCFF Legislative WSCFF Spring Education Seminar WSCFF Annual Convention IAFF Bi -annual Conference (President or designee) 4 3.1 UNION LEAVE BANK: Each member of the bargaining unit shall be assessed five (5) hours of compensatory leave (exempt or non - exempt) or accrued annual vacation leave on March I" of each calendar year for the purpose of establishing and maintaining a union leave bank The union leave bank may be used by any member of the bargaining COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CiTY OF BREMERTON and IAFF LOCAL 437 / January 1, 2089,12 to Derember 31, 204.222 Page 4 of 40 DRAFT unit with prior written approval of the Union President, Vice President or their specified designee. The category of leave donated will be at the discretion of each member This union leave bank may be used for any activity consistent with the lawful purposes of the union. • Union leave must be approved by the President, Vice President, or in their absence, a specified designee, • Union leave may be used in any increment, • Union leave must be applied for 14 hours in advance of the leave taking place, • Union leave will be charged at straight time, • Union leave will be guaranteed, even if it is not otherwise eligible, under Articles 8 3, 8 5 or 8.7 of this agreement The City shall produce a statement of all union leave expended upon request 44 UNION BULLETIN BOARDS: The City will permit the Union to place one (1) bulletin board for Union use at a designated location at each fire station No materials shall be posted except notices of meetings and elections, results of elections, changes in Union bylaws, notices of employee social occasions and similar Union notices, letters, and memoranda. The City shall provide a designated, mutually agreeable accessible and convenient location for installation of bulletin boards at each fire station. The Union will purchase uniform, Jointly specified bulletin boards for each station. The bulletin boards will be for the exclusive use of the Union. Only those items specifically approved by the Union will be posted. ARTICLE 5 WAGES > Aeges shall be im Appeadw A, 1OFOO ) 5 BiTaptiva IR14-IA i, 9010, wages shall be F—Is IR Appendw A, W141814 FOROStS 80 ififfOR based apen 1 -00% of thal 9 IRA# A=AAAMA 4AFt4fflAFi;QR C'M 1A & AM 11 , A& 2 008 te j He 2009, With a FR 4:224 And MA* PC= 5.3-- Effective January 1, 2011, wages shall be as identified in Appendix A, which reflects an increase based upon 100% of the Seattle/Tacoma/Bremerton CPI -W from June 2009 to June 2010, with a minimum of 2% and a maximum of 5% 54 The CPI -W is 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 (3) 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 the City payroll software system COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CiTY OF BREMERTON and iAFF LOCAL 437 January 1, 206912 to December 31, 204. Page 5 of40 DRAFT 54 PAY DIFFERENTIALS: Effective 4-11- 208912 Pay Differential SMA lslen -SMi#t Shift Non -Shift Firefighter @ Step 1 , _ 70% _ Firefighter @ Step 2 fir, _ 75% _ Firefighter @ Step 3 8396 _ 85% _ Firefighter @ Step 4 94% - 90% - Firefighter @ Ste 5 48896 - 100% - FF Mechanic or SCBA 48466 - 104% _ Firefighter Paramedic - 1125% - FF/Paramedic Continuous 10+ yrs 44 -3 1 Y, - 115% - FF/Fire Prevention - 444% - 115% Lieutenant 44366 4 24 1 16 115% 121% Captain - Station - - 124% - Captain - Shift }3A1y, _ _ _ Fire Marshal - 43896 - 130% Medical Officer - 433% - 124% 4. 34% Battalion Chief - Training - 436% - 142% Battalion Chief - Shift - - 1 136% 1 - Appendix "A" for Firefighter/Paramedic includes a sixth (e) step To be eligible for this step the employee must have completed ten (10) years continuous service as a Firefighter/Paramedic with the City The sixth step will be set at one hundred fifteen percent (115 %) of top Step Firefighter 5.5 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 of 20 years in service = 5% Completion of 25 years in service = 6.5% Completion of 30 years in service = 8% 5.7 Advancement through the pay rates from the First Step through the Final Step or the pay range will occur upon completion of the prescribed number of full year(s) of continuous employment since the employee's last pay placement, provided, however that the employee's overall rating on his/her annual evaluation "Meets Expectations" or "Exceeds Expectations ". The City may withhold a step increase for work performance that does not "meet expectations" A step increase may be withheld for a maximum of COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2099]2 to December 31, 20th Page 6 of 40 DRAFT twelve (12) months, during which time the employee will receive monthly evaluations The employee's immediate supervisor will notify the employee in writing of expected failure to meet expectations at least thirty (30) days prior to the due date of the work performance evaluation If such notice is not provided the step increase will not be withheld The withholding of a step increase will not change the employee's current anniversary step date for pay purposes In the event that the employee "meets expectations" at one of the monthly evaluations during the subsequent 12 months, they will receive a step increase effective as of the due date of that monthly evaluation It shall be understood that the increase will not be applied retroactively to the month(s) in which the employee received a rating below "meets expectations" The denial of a step increase is subject to the grievance procedure In the event an employee is on approved leave of absence without pay, the employee's next wage step increase advancement date will be extended by the actual number of days the employee was absent on such leave 58 A new employee shall be hired at the first year step, however, a new employee who has prior paid work experience as a full time Firefighter or Firefighter /Paramedic in a fire service which operates a full time emergency fire/medical response service using paid employees, may be hired at the second year or third year step based upon relevant years and type of prior experience Placement at second or third year steps shall be determined by a review committee consisting of the Fire Chief, Assistant Chief, and one (1) Union representative 59 A Firefighter/Paramedic with no experience shall be hired at the first year step A Firef►ghter/Paramedic with one (1) year minimum paid fire experience shall be hired at the second year step, with their third year step in six (6) months, solely at the discretion of the Fire Chief 5 10 A Firefighter /EMT with no experience shall be hired at the first step year A Firefighter/EMT 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 5 11 FIRE PREVENTION: An employee who is assigned to perform fire prevention work as a Deputy Fire Marshal shall be compensated at the Firefighter/Fire Prevention pay rate listed in Appendix A for the duration of the assignment 5 12 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 pay rate listed in Appendix A for the duration of the assignment. 513 513 OWNfA ' ACTING OFFICERS: An COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and [AFF LOCAL 437 January 1, 200912 to December 31, 204 Page 7 of 40 DRAFT employee who serves as an Acting Officer dunng a twenty -four (24) hour shdt shall be compensated as outlined in section 514 below. In order to be eligible to serve as an Acting t=l�a , Officer an employee must be on the City's current appropriate promotional register and agree to work the assignment The first opportunity to act as a Battahon Chief will go to a Station Captain If the Station Captain does not agree to work the assignment then the opportunity will be offered to those employees on the current Battalion Chief register- efder -#� be ble- to serve as an Act Fite Ba#a n Ch:e f an emole IAA mu feF CIM BattalaGR Chad and ae�e tG work the assignminit The use of Acting Officers will not be used as Permanent altemative to hinng a full complement of officers All other acting provisions apply. There will be no Acting Station Captain. 5 14 Acting Officers Compensation: 0 through 1 hour No Compensation After 1 hour through 4 hours 1 hour of overtime After 4 hours through 12 2 hours of overtime After 12 through 24 hours 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 15 All newly hired employees will utilize automatic deposit of their paychecks during their term of employment with the City. 5 16 DEFERRED COMPENSATION 5 16.1 The City shall match the payroll deduction of any written request by an employee covered by this Agreement in an amount not to exceed four percent (4 %) of salary 5 16 2 LEOFF I bargaining unit members who have completed 25 or more years of service with the City will no longer be required to make a matching contribution, and may elect to have all or part of the City's maximum contribution converted into longevity in lieu of Deferred Compensation. 5.16.3 LEOFF I1 bargaining unit members who are a minimum of 45 years of age and have completed 15 or more years of service with the City will no longer be required to make a matching contribution, and may elect to have all or part of the City's maximum contribution converted into longevity in lieu of Deferred Compensation 5 16 4 CONVERSION TO LONGEVITY: Employees may elect, by notifying the City in writing on an annual basis, that they wish to convert all or a portion of the City's contribution to COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 / I January 1, 200912 to December 31, 201.2?2 l Page 8 of 40 DRAFT their deferred compensation to longevity Such conversion shall only be permitted in one -half percent (1/2 %) increments Once an employee has selected to make the conversion from deferred compensation to longevity, they will not be permitted to make any changes whatsoever to the percentage converted, for a full 12 -month period ARTICLE 6 HOURS OF WORK 6.1 NORMAL HOURS OF WORK -SHIFT PERSONNEL: Pursuant to Section 207(k) of the FLSA, the work period for shift personnel is 27 days, which is equivalent to 204 hours The normal work hours for shift personnel shall be an average of 49 39 hours per week for an average yearly total of 2,568 hours 62 NORMAL HOURS OF WORK — NON -SHIFT PERSONNEL: The normal hours of work for non -shift personnel shall be 40 hours per week Non -shift personnel shall normally be scheduled to work Monday through Friday during such hours as are assigned by the Fire Chief 63 SHIFT WORK SCHEDULES: On or about January 1 51 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 seven (7) consecutive on -duty shifts, provided this shall not apply to shift transfers The next immediately scheduled shift shall be an off -duty Kelly day 8 1h scheduled shift Shift hours begin at 0800 hours and conclude at 0800 hours each day 64 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. 65 MID-YEAR TRANSFERS: During the calendar year, the Fire Chief may transfer each non - probationary employee once from one shift or non -shift assignment to another as a permanent assignment or may transfer each non - probationary employee once on a temporary basis to another shift or non -shift assignment and subsequently return the employee to his or her original assignment The Fire Chief shall provide reasonable prior notice to a transferred employee, provided that emergency transfers shall be accomplished with such prior notice as is feasible under the circumstances An unlimited number of mid- year transfers of non - probationary employees which are mutually agreed to in writing between the Fire Chief and the employee are permitted. The Fire Chief may transfer each probationary employee an unlimited number of times from one shift or non -shift assignment to another during the period of probation 66 SHIFT AND /OR KELLY DAY EXCHANGES: An employee who has completed twelve (12) full months of employment with the Department may exchange full or partial shifts or full Kelly Days with another employee of the same permanent rank provided that• The change does not interfere with the duties and responsibilities in their positions. Shift and or Kelly Day exchanges shall be considered as substitutions under FLSA 29 U.S C. 207 (p), and the City shall have no obligation to keep records of such exchanges or to revise the hours of work to reflect the exchanges. Shift and /or Kelly Day exchange documentation must be submitted at least 14 hours prior to the shift being exchanged. 6 6 1 SHIFT AND /OR KELLY DAY EXCHANGE APPROVAL - The immediate supervisor of the employee initiating the trade must sign the shift exchange form, thus indicating no COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 200912 to December 31, 201222 Page 9 of 40 DRAFT interference is expected as a result of the Shift/Kelly Day exchange. The Fire Chief may overrule the immediate supervisor when in his/her opinion, the needs of the department will be negatively affected by the exchange. 66.2 Personnel may have early relief up to two (2) hours before the end of their shift. No shift exchange documentation shall be required for an employee being appropriately relieved within two (2) hours of the end of their shift Verbal communication with the immediate supervisor is required for accountability purposes 6.63 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 employee initiating a Shift and/or Kelly Day trade shall have the trade counted towards his/her annual limit of twelve (12). (See 6 6 1) 6 6.4 Out of Rank Shift and /or Kelly Day Exchanges — Out of rank Shift and/or Full Kelly Day exchanges shall be allowed provided employees have obtained prior written approval of their immediate supervisor and the Shift Gaptain Battalion Chief Such exchanges shall not impact the department financially 6.6.5 Shift Exchange 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 employee's absence results in the City having to pay overtime, the employee will be required to pay back the time at the rate of 1.5 hours for each hour owed to be deducted from the most appropriate type of leave bank accrual corresponding to the absence. If an employee's absence does not result in the City paying overtime, then the employee will be permitted to pay back the time on an hour - for -hour basis to be deducted from the most appropriate type of leave bank accrual corresponding to the absence. This "pay back" program will be evaluated in one (1) year, and the Chief reserves the right to discontinue use of appropriate leave if it negatively impacts the department. 6.6 6 Multiple Party Exchanges — Full shift exchanges, partial shift exchanges and Full Kelly Day exchanges may be entered into by multiple parties and are subject to all the provisions of Article 6. If the Fire Chief has to become involved with Multiple party exchange disputes this section will be removed ARTICLE 7 OVERTIME 71 OVERTIME DEFINED: Overtime is all required and authorized work performed in excess of an employee's normal work schedule. Overtime includes required training, instruction, equipment/SCBA repair, callback and other such work which is required and authorized by the City and is performed during an employee's normally scheduled off -duty time. For the purposes of this Article, Acting Officer compensation hours will be included. 7.2 OVERTIME COMPENSATION: Overtime shall be compensated at the rate of one- and- one -half (1-1/2) times an employees hourly rate in cash or in compensatory time. The form of overtime compensation shall be at the choice of the employee unless otherwise expressly provided by the terms of this Article. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 r January 1, 209912 to December 31, 201. \ Page 10 of 40 DRAFT 73 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 2,568 hours of work for shift employees 74 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 penods The result shall be divided by 2,080 hours for non -shift employees 75 CALL BACK OVERTIME: In the event an employee who has left the work place is called back to duty for a penod of time which is less than two (2) hours, the employee shall receive a minimum of two (2) hours of overtime compensation 76 HOLD OVER AFTER NORMAL DUTY SHIFT: In the event an employee is held over after the expiration of his /her normal duty shift, the employee shall be compensated at the overtime rate for the actual time held over 77 COURT AND /OR SUBPOENAED APPEARANCES: An employee who responds to a subpoena or appears in Court in a case on behalf of the City on off -duty time shall be paid at his or her overtime rate for all hours related to such appearances The two (2) hour minimum referenced in subsection 7 5 above shall apply to court or subpoenaed appearances 78 ON CALL FIRE INSPECTO : An employee who is assigned to serve as On Call Fire InspectorA4u#j-6Ei!ie€ shall receive €ive -(S } ten (10) hours of compensation at their overtime rate for each seven (7) day period so served. Compensation for these hours shall be paid in up to five (5) hours of compensatory time and the additional hours in overtime pay Of Phi9 - egieeii3ei eash seven (7) day per-ied Se seffived— T be Shift Gaptainhketing Captain shall be eligible te be Asting Duty . 79 LIMITATION OF COMPENSATORY TIME: A non -shift employee may accumulate up to two hundred nine (209) hours, and a shift employee may accumulate up to two hundred seventy-five (275) hours of compensatory time Compensatory time shall be granted unless it is unduly disruptive An employee may request the Fire Chief to approve cash payment for accumulated compensatory time Upon receipt of such approval, compensatory time shall be paid out at the employee's hourly rate for each hour of compensatory time requested to be converted to cash 710 COMPENSATORY TM 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 Captain Battalion Chief or Aefing Ga ptem Battalion Chief not less than one hundred twenty hours (120) prior to the requested date(s) of usage, except for holidays. Employees desiring to use compensatory time on a city observed holiday shall submit a Leave Request not more than fifteen (15) shifts in advance of the holiday request On the fifth (5 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and [AFF LOCAL 437 January 1, 200912 to December 31, 204- M Page 1 I of 40 DRAFT permitted per shift, regardless of the number of employees taking time that shift Compensatory time shall be taken in a minimum of an eight (8) hour block for the first eight (8) hours of compensatory time r scheduled; thereafter, it shall be taken in minimum increments of one -half (1/2) hour. (EXAMPLE One (1) employee taking comp time for full 24 hour shift, would count the same as 3 employees, each taking off 8 hours the same shift) Usage of compensatory time beyond the 24 hours aggregate described above may be granted to other bargaining unit employees on the same day, unless it would cause overtime The parties agree that there will be no forced overtime in order to provide shift coverage due to use of compensatory leave Except for holidays, should more than one employee request the same time off, the employee whose form was submitted first will be granted the compensatory time off If a member has a vacation slot selected for vacation, the member may use his/her Exempt Compensatory time in this situation This scenario would not affect the shift with regard to using compensatory time 711 OVERTIME WORK ASSIGNMENTS: Overtime work will be assigned to employees on the basis of the Fire Service and Emergency Medical Service needs For the purposes of hiring for overtime, the following staffing levels shall be maintained as a minimum I One (1) Gaptai* Battalion Chief /Acting Gaptaaff Chief , two (2) Captain/ Lieutenants/Acting Captain/ Lieutenants and twe -(2) three 3 Paramedics with a total of eleven (11) thirteen (13) on duty each day as a minimum a ffieftifflum staffing 1 04 , 0 1 AC 3:2, will he MR-Atfianedi this shall imeh-da ef ilifee (3) ACA-MI-M staffing as of july 1 2009 will be (12) -ene- MA149— Aff. Basting BAG (9) sempany 2012 STAFFING CHART SHIFT DAYS 3 Battalion Chiefs 1 Training Battalion Chief 3 Station Captains 1 Deputy Fire Marshall - Captain 1 Medical Officer - Captain 1 Firefighter/Fire Prevention 9 Lieutenants 14 Paramedics 15 fireflialiters 3 Firefighter /S.C.B.A. 3 Firefi to ui ment Maintenance 7 12 CALLBACK PROCEDURE: 7 12 1 Using the monthly staffing calendar, confirm the status (on -duty, off -duty, vacation, K- day, educational leave, administrative leave, sick leave, disabilities, etc ) of all shift members COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 / January 1, 2099_U to December 31, 241 t Page 12 of 40 DRAFT Specifically note the number of officers (Captain/Acting Captain, Lt /Acting Lt ), paramedics and firefighters scheduled to work 7 122 Using the minimum staffing recommendations found in 7 11 above, identify what positions are needed to fulfill minimum staffing levels 7 12 3 Using the overtime roster, identify the employee having worked the fewest number of overtime hours and determine if they are available and eligible to fill the needed overtime position In the event that two (2) or more members have an equal number of cumulative overtime hours, relative seniority position shall determine the order of eligibility 7 124 The Gept:aln Battalion Chief- /Acting Captain Battalion Chief - shall personally contact an employee with an offer of overtime work, and the contact shall be noted on the overtime eaf d 4le ro ram which shall be used to maintain records of calls made and responses received 7 125 If overtime is needed for an officer position, and if the officer is the individual with the lowest number of hours, hire the officer If it is not an officer, use acting officers from the shift and hire the employee with the least number of overtime hours that maintains minimum staffing identified in section 7 11 above 7 126 The Gapta+WAct►ng Captain has the authority to move or reassign personnel from station to station when needed to balance the experience levels between stations This shall include moving regularly appointed officers in lieu of using acting officers I 7 12 7 Overtime duration in length of less than Tee - four (344) hours shall be assigned at the discretion of the Captain Battalion Chief or Acting-Gaptam Battalion Chief 7 128 New employees shall complete one (1) year of employment with the department before their name is added to the overtime roster The newly eligible employee shall be placed on the overtime roster according to the following formula (9 of eligible employees X 0 75= relative position on the overtime roster) I 7 12 9 In the event no one accepts the overtime assignment, the Captain Battalion Chief /Acting Battalion Chief Gsptafn shall "force hire" whoever has the least number of overtime hours and is eligible to fill the position from the employees currently on duty In the case where no on -duty personnel are eligible to be force hired, the Battalion Chief Capteta/Acting Battalion Chief Gapt!ain shall revert back to the overtime roster and begin with the employee having the fewest overtime hours who is eligible to fill the position Employees may only be force -hired one (1) rank below their current rank Employees that are forced in shall have the option of not counting any or all forced overtime hours on the overtime roster Employees that are forced in can find eligible employees to fill their position Employees on their paid leave cycle, during shift trade /standby cycle, during a Kelly day cycle, Labor Conference/Negotiations for the Union Executive Board or on an employee's scheduled educational leave time are not eligible to be force hired 7 13 CALLBACK RECORDKEEPING: All overtime hours compensated with overtime pay or compensatory time shall be entered on the overtime roster except for employees forced in and those COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2009D to December 31, 204 Page 13 of 40 DRAFT working Christmas, and Union officials performing Union functions in which they can only receive FLSA r "Exempt Compensatory" time All overtime slips for shift personnel shall be routed through the Battalion Chief Gaptama -office and placed on the daily and overtime rosters The overtime list will be reset on \ January 1' of each calendar year. 7.14 CHRISTMAS OVERTIME. Christmas overtime rules shall be applied as above except those eligible to fill the position shall be offered the opportunity to work the overtime prior to force hiring someone to work on Christmas Day The employee shall have the option of counting or not counting the overtime hours on the overtime roster. All other overtime provisions shall apply. 7 15 EMERGENCY CALL BACK During times of natural or man -made disasters or emergencies, the Department may feel the necessity that additional personnel are needed. In this event, the Department will activate an "Emergency Call- Back" of personnel. All leaves and time off may be canceled by this type of event that requires mandatory reporting for duty ARTICLE 8 VACATION LEAVE 81 VACATION ACCRUAL: Employee shall accrue vacation leave with pay for all regular hours worked pursuant to the following schedule: NON -SHIFT EMPLOYEES SHIFT EMPLOYEES Years of VL Hrs Annual Holidays Total VL Hrs Annual Holidays Total Service Earned per Accrual Earned earned per Accrual Earned pay pay Non -shift Shift employees em to ees Hire — 5 vrs 4 375 his 105 hours 88 hours 192 hours 6 099 ours 146 hours 88 hours 234 hours 6 — l0 5 666 hrs 136 hours 88 hours 224 hours 7 933 hours 190 hours 88 hours 1 278 hours 1 l —15 7 333 hrs 176 hours 88 hours 264 hours 10 266 hours 246 hours 88 hours 1 334 hours 16th -20 8 600 hrs 206 hours 88 hours 294 hours 12 040 hours 289 hours 88 hours 1 377 hours 21 rs or> 8 917 his 214 hours 88 hours 302 hours 13 000 hours 312 hours 88 hours 1 400 hours 8.2 VACATION ELIGIBILITY: An employee becomes eligible to take accrued vacation leave upon completion of six (6) months of continuous employment In the event an employee resigns or is discharged prior to the completion of six (6) full month of employment, any accrued vacation leave shall be forfeited Vacation leave must be fully accrued prior to the time an employee utilizes any vacation leave. Hours earned during a pay period are not available to use until the following pay period. 83 VACATION SCHEDULING: Annual vacation leave shall be authorized by the Fire Chief or the Chief s designee Non -shift personnel shall schedule vacation leave by mutual agreement of the employee and the Fire Chief or the Chief s designee. Shift employees shall select their vacation choices by seniority within shift assignment and through application of the following rules: 84 MI M1UM VACATION LEAVE REQUEST — SCHEDULED VACATION: Scheduled vacation leave shall be taken in a minimum of an eight (8) hour block for the first eight (8) hours of vacation leave scheduled; thereafter, it shall be taken in minimum increments of one -half (1/2) hour. 8.5 MINIMUM VACATION REQUESTS — SAME DAY REQUESTS: After the I' hour, "Same day" vacation leave shall be recorded as actual time taken. Full shift requests shall have priority over COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CiTY OF BREMERTON and IAFF LOCAL 437 January 1, 2009j2 to December 31, 242M Page 14 of 40 DRAFT 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 86 VACATION LEAVE SELECTION: Each employee may select vacation leave consisting of nine (9) connected twenty-four (24) hour shifts plus the employee's regularly scheduled Kelly Day Two (2) vacation slots and unused Kelly Days shall be available for pre - selection for each day of the year from which selections can be made A lottery shall be held in order to allow employees to compete for the unused Kelly Days. It shall be understood that employees who receive an unused Kelly Day via lottery, shall lose the Kelly Day in the event that is subsequently becomes filled due to a new hire or promotion 87 TIMING OF VACATION LEAVE SELECTION: Vacation selections will begin December I' by seniority, for the following calendar year Upon being personally contacted, the employee will be provided up to twenty-four (24) hours to make his/her selection Any selection not completed within the allotted time shall constitute a pass Vacation selections shall continue through seniority rotation until all employees have selected all shifts they intend to take during the next calendar year, but in no event later than March 31" After March 31' 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 88 CANCELLATION OF VACATION SELECTION BY AN EMPLOYEE: In the event a vacation selection which has been made and approved is subsequently canceled by an employee, the vacation selection so canceled shall be made available for selection to other employees as soon as feasible, provided however that the shift is not at a minimum on a same day selection The vacation must be canceled by the employee not less than 70 hours prior to the start of the scheduled vacation leave. The canceled vacation slot shall be selected by lottery only if both the vacation slots are taken, from the employees on the same shift 89 MAXIMUM VACATION LEAVE ACCRUAL: The maximum accrual of vacation leave that any employee shall be allowed to carry forward from one calendar year to the next is as follows Years of Non -shift Personnel Shift Personnel Continuous Employment Maximum Balance Maximum Balance 0 through Five (5) years 160 hours 210 hours More than Five (5) years 240 hours 315 hours 8 10 VACATION LEAVE BALANCE GREATER THAN MAXIMUM ALLOWABLE: In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, any hours in excess of 36 hours shall be paid out in cash at the employee's straight time hourly rate the last pay in January Employees will be required to submit a written request to the Fire Chief for vacation pay out 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 s ` or later to request adequate vacation leave to reduce his /her balance to the maximum allowable, shall have any excess leave scheduled by the Chief or his/her designee with 72 hours advance notice, within the months of January, February or March of the following calendar year COLLECTIVE BARGAINING AGREEMENT ( BY AND BETWEEN THE CITY OF BREMERTON and [AFF LOCAL 437 January 1, 200912 to December 31, 204.2? Page 15 of 40 DRAFT 811 SCHEDULE CHANGE BALANCE ADJUSTMENT: 8.11 1 NON -SHIFT TO SHIFT: In the event an employee's normal hours of work are changed from a non -shift schedule to a shift schedule, the employee's accrued vacation hours upon the date of change shall be increased as follows. Accrued Hours X 1313 = Employee's accrued vacation hours balance. 8 11.2 SHIFT TO NON - SHIFT: In the event an employee's normal hours of work are changed from a shift schedule to a non -shift schedule, the employee's vacation hours upon the date of change shall be decreased as follows- Accrued Hours X 0 762 = Employee's Vacation Balance. 812 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 dunng the 1S half of each year (January I" through June 30 and will be paid out equally (divide the numbers of hour by the number of employees that put in for pay out) by July 22 8 13 VACATION PAY -OUT: Upon the retirement or termination of an employee who has served six (6) continuous full months or employment or more, or upon the date of an employee's disability retirement, the accrued vacation leave of such employee will be paid to the employee in a cash lump sum payment ARTICLE 9 HOLIDAYS 9.1 HOLIDAYS OBSERVED: The following holidays shall be observed by the City New Year's Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Thanksgiving Day Memonal Day Day After Thanksgiving Independence Day Christmas 92 OTHER HOLIDAYS: In addition, any other holiday proclaimed by the federal or state government, provided that the City takes official action to have such holiday also observed by the City 93 FLOATING HOLIDAY: Each employee shall be allowed one (1) additional holiday to be observed by the employee on a day mutually agreeable to the employee and the Fire Chief. 9 4 HOLIDAY COMPENSATION — NON -SHIFT PERSONNEL: Non -shift personnel shall receive eight (8) hours of time off with pay for each holiday observed by the City and for a floating holiday for each employee's choice. If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. 9.5 HOLIDAY COMPENSATION — SHIFT PERSONNEL: Shift personnel shall receive 3.666 hours added to their vacation leave accrual rate per pay period in lieu of all holidays. Accumulation and COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 200412 to December 31, 2%_M Page 16 of 40 DRAFT taking time off in lieu of holidays shall be accomplished in accordance with the vacation leave provisions set forth in Article 8 9 6 In lieu of additional compensation for those employees scheduled to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas, the following will apply The City will pay 24 hours of straight time at the employee's current pay band as listed in Appendix A, provided that the employee is on the payroll on 10/31 of the year, and has been working a 24 hour shift position for six (6) months during that calendar year The 24 hours' pay will be included in the first pay check in November each year New employees attending the Fire Academy shall be considered shift employees for this benefit 9 The City will pay all shift bargaining unit members an additional 24 hours of straight time at the employee's current pay band as listed in Appendix A the I' pay check in December, in lieu of a reduction in hours, subject to the same terms and conditions as outlined in section 9 6 ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITY 101 SICK LEAVE ACCRUAL: 10 1.1 NON -SHIFT EMPLOYEES: Non -shift employees shall accrue sick leave time with pay at the rate of four (4) hours for each regularly scheduled pay period. Partial pay periods will be pro -rated to the closest full hour. 10 1.2 SHIFT EMPLOYEES: The annual accrual for shift personnel will be eight (8) hours per pay period. New employees shall earn 10 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 102 DONATIONS OF VACATION LEAVE: Donations of vacation leave permit employees to aid any City employee who is suffering from an extraordinary or severe illness, injury, impairment, physical or mental condition, or whose spouse or minor children (under the age of 18) are suffering from a life - threatening injury or illness, or in the event of their death, which has caused or is likely to cause the employee to take leave without pay or to terminate his or her employment prior to a determination that the affected employee is not expected to recover to an extent that will enable the employee to resume his or her normal duties or the duties or another position with the City or another employer 10 2 1 ELIGIBILITY: An employees who (1) is suffering from an illness or injury causing his or her extended leave absence from work, or whose spouse or minor children (under the age of 18) are suffering from a life threatening injury or illness, or in the event of their death, and (2) who has depleted or will shortly deplete his or her total available accrued vacation, sick and floating holiday leave, may request donations of vacation leave. 10 2.2 CRITERIA FOR APPROVAL: A request for donations of vacation leave shall be submitted to the requesting employee's Department Head accompanied by medical documentation verifying the medical condition requiring the need for leave, and the time period during which the employee can reasonably be expected to be absent from work due to the condition Upon verifying that the requesting employee meets all of the eligibility requirements COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20A912 to December 31, 201 Page 17 of 40 DRAFT 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 of leave 10 2.4 CONDITIONS OF DONATION: An employee who has been employed for at least six (6) months who desires to donate accrued vacation leave to a requesting employee will do so as a free and voluntary act and no duress or coercion shall be placed upon an employee to make such donation of his /her accrued vacation leave Employees who are utilizing donated leave to cover their own absences may not donate leave to another employee until such time as they have returned to their normal schedule, and any excess donations made to them have been returned pursuant to 10 2.6 below An employee who desires to donate vacation leave shall complete a Donation of Vacation Leave Form and submit it to his/her Department Head The donated vacation leave will be transferred to the requesting employee's sick leave balance with the next payroll report Forms will be date stamped and all time donated shall be in full hour increments and shall be credited to the employee on an hour - for -hour basis. A monthly update of the condition of the employee by the attending primary medical doctor shall be required and furnished to the Department Head. 10.2.4.1 LEAVE ACCRUED FROM DONATED LEAVE: Any leave accrued will be used first each pay period before the balance is deducted from the donated leave. 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. 10 2.6 RETURN OF EXCESS LEAVE DONATIONS: In the event of excess donations received but not used due to early recovery, resignation, retirement or death, all donations received but not utilized shall be returned to the donating employee(s) based on the proportion of hours that employee donated in relation to the total hours donated by all employees (e.g. an employee who donates 50 hours of 450 hours total donated shall be credited with 50 /450ths of the hours not utilized) Such returned leave shall be reflected in the appropriate leave balance as soon as possible Time donated for this purpose will not be considered as time used during the donor's performance rating period 10.3 MAXIMUM SICK LEAVE ACCRUAL: 10.3 1 NON -SHIFT EMPLOYEES: Non -shift personnel shall be allowed to accrue sick leave up to a maximum of nine hundred and sixty (960) hours. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 200912 to December 31, 20;•242 Page 18 of 40 DRAFT 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 104 SICK LEAVE INCENTIVE: 10 4 1 NON -SHIFT PERSONNEL: Any non - probationary employee covered under this Agreement who does not utilize his/her sick leave benefit from January 1 St through June 30 in a calendar year shall have their vacation leave balance credited with (8) additional hours on the pay period ending July 31", and, any non - probationary employee who does not utilize his/her sick leave benefit from July I' through December 31S shall have their vacation leave balance credited with eight (8) additional hours on the pay period ending January 31 10.4 2 SHIFT EMPLOYEE: Any non - probationary shift employee covered under this Agreement who does not utilize his/her sick leave benefit from January 1St through June 30 in a calendar year shall have their vacation leave balance credited with eleven point two (I1 2) additional hours on the pay period ending July 31 and, any non - probationary shift employee who does not utilize his/her sick leave benefit from July 1S through December 31' shall have their vacation leave balance credited with eleven point two (11 2) additional hours on the pay period ending January 31S 10.5 SICK LEAVE RETIREMENT PAYMENT: An employee who retires from City service on a service or disability retirement shall be provided a Sick Leave Retirement Payment as follows 10.5 1 NON -SHIFT PERSONNEL: Thirty -five percent (35 %) of the employee's accrued and unused sick leave hours to a maximum 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) will 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 allow 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 per month through a payroll deduction the first (1 St ) paycheck of each month 10 5 3 1 Upon the retirement of a LEOFF II bargaining unit employee, the City shall remit the following to the WSCFF MERP on 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 before December 15 of each year it shall be the IAFF's responsibility to notify the City, in writing, of any changes to its Constitution and Bylaws regarding the required employee contribution. COLLECTIVE BARGAINING AGREEMENT ` BY AND BETWEEN THE CITY OF BREMERTON and iAFF LOCAL 437 January 1, 208912 to December 31, 204-222 Page 19 of40 DRAFT 10 5 4 This provision shall not apply to any LEOFF I bargaining unit members and will only apply to eligible LEOFF II members The WSCFF MERP plan is established in accordance with applicable federal and state regulations The $45 00 deduction shall be made on a pre -tax basis on behalf of the employee to the WSCFF MERP The monies contributed to the plan shall only be used for retiree health insurance premiums or health care expenses These contributions shall be included as part of salary for the purpose of calculating retirement benefits The City will contribute $30 00 per month to the WSCFF MERP for each eligible LEOFF II bargaining unit member, and the employee shall contnbute $45 00 for a total of $75 00 10 6 PAYMENT OF SICK LEAVE UPON DEATH: In the event of the death of an employee, the employee's estate shall be paid for the total accrued and unused sick leave hours at the employee's regular hourly wage rate in effect at the time of death up to a maximum of 960 hours for a non -shift employee, or a maximum of 1440 hours for a shift employee 107 SICK LEAVE USE: Sick leave must be accrued pnor to use by an employee Hours earned during a pay period are not available for use until the following pay 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 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 l 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 care requires parental presence to supervise or authonze treatment 10 7 4 Upon the birth or adoption of a child, an employee may use accrued sick 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 of leave to be utilized except for themself and family members with medical conditions that qualify for FMLA, which will be charged against available sick leave except for the birth or adoption of a child upon which vacation leave may be used 10.7 7 The temporary disability of an employee resulting from his /her personal illness or injury or for their children under 18 who have health conditions requiring supervision or treatment pursuant to WAC 296 -30, or for immediate family members pursuant to FMLA COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and iAFF LOCAL 437 January 1, 200912 to December 31, 204-2m Page 20 of 40 DRAFT 10 7 8 Eligibility shall be governed by the provisions set forth in Federal or State laws, as currently written or hereinafter amended 108 NOTIFICATION OF SICK LEAVE USE: An employee who is absent or expects to be absent from work due to causes specified in 10 7 1 above, shall provide notification to the Department as follows 10 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 thejudgment 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 12 UNANTICIPATED ABSENCE: An employee who is absent from work or who will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in 10 7 above, shall promptly notify the Department by telephone or otherwise by 0700 of the day of his/her on -duty shift, and must make contact with on -duty personnel. 10 8 13 SICK LEAVE DURING AUTHORIZED PAID LEAVE: An employee who becomes ill or is inured during the employee's paid vacation or compensatory time off may request the conversion of such paid leave to sick leave with pay by promptly notifying the Department of the illness or injury at the time of the illness or injury, or as soon as is reasonably feasible and providing such information as is required by the Department to verify the appropriateness of such a conversion 109 SICK LEAVE DOCUMENTATION AND APPROVAL: An employee who has been absent or on sick leave shall, during his/her first shift back to work, be required to submit such forms and provide such information as required by the Department to approve the use of sick leave with pay for the absence The Department may require an employee to demonstrate that he or she has sought treatment, taken appropriate precautions or otherwise effected measures to correct the condition causing the employee's absence Such demonstrations may take the form of personal statements of the employee, medical examinations or certifications of appropriate professionals as to the nature of the illness and/or injury of the employee, the employee's child and/or nature of the illness and/or injury of the employee, the employee's child and/or family member, or other methods appropriate to the circumstances. The Department may require an employee to provide a Fitness for Duty certification by a professional physician that the employee is sufficiently recovered as to be able to return to work without posing a health hazard to himself or herself or to other members of the workforce. Sick leave must be approved by the Department prior to payment The Department shall not unreasonably withhold approval of sick leave with pay from employees COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF 1 OCAL 437 January I, 2009 to December 31, 204-272 Page 21 of 40 DRAFT 10 10 INDUSTRIAL DISABILITY AND LIMITATION OF SICK LEAVE USE FOR LEOFF I EMPLOYEES: An employee who qualifies for and is included in the Washington State Retirement System commonly referred to as " LEOFF I ", shall have his or her use of sick leave with pay limited to six - (6) days for a non -shift employee, or two (2) shifts for a shift employee of sick leave with pay for each personal or work - related sick leave absence In the event the employee's absence extends beyond six (6) days, or two (2) shifts, the employee shall apply for disability benefits provided through LEOFF I. In the event of the employee's disability extends beyond a period of six (6) full months and six (6) days or two (2) shifts, the employees shall apply for disability retirement benefits provided through LEOFF I. The employee's accrued and unused sick leave hours shall not be used to extend the period of disability beyond six (6) months and six (6) days or two (2) shifts. 10 11 INDUSTRIAL DISABILITY LEAVE FOR LEOFF II AND REGULAR EMPLOYEES: A regular employee who qualifies for and is included in the Washington State Retirement System commonly referred to as " LEOFF II', and who incurs a work - related illness or injury shall be provided with such compensation as is made available through Workers' Compensation benefits as provided by Washington State Law ARTICLE 11 OTHER LEAVE 11.1 BEREAVEMENT LEAVE: An employee will be granted up to 48 hours of bereavement leave annually for attending funerals in the state of Washington, but no more than 24 hours per occurrence, and up to forty-eight (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 r 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 to their job with the City, except in those instances where the employee is taking action against the City Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City 112.1 CITY NOTIFICATION: Employee shall be required to notify the City immediately upon receipt of written notification from the Court that they must report for Jury Duty or serve as a Witness as the result of a case related to his or her employment, by submitting a Leave Request form with a copy of the Jury Duty/Witness Notice attached. Upon telephone confirmation by the Court to report, the employee shall immediately notify the on -duty supervisor. 11.3 MILITARY DUTY LEAVE: An employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United States Armed Forces or the State National Guard shall be entitled to military leave with no loss of pay for a period not to exceed twenty-one (2 1) work days for non -shift employees, or thuty -one (3 1) calendar days for shift employees, annually. Authorized leave of absence for additional or longer periods of time for assignment to duty functions shall be without pay and shall be granted by the City. A non -shift employee receiving up to fifteen (15) work days or shift employee receiving up to 21 calendar days of training or serving an active COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2099]2 to December 31,204 Page 22 of 40 DRAFT duty shall receive their regular pay and the amount received from the Federal or State government During periods of military conflict, employees are entitled up to fifteen (15) days of unpaid leave or twenty -one (21) calendar days for shift employees, before their spouse is deployed or while their spouse is on leave from deployment 114 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 leave, 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 compensatory leave balance and the employee will document on a Leave Slip the reason for the absence 11.5 ADMINISTRATIVE LEAVE: Any bargaining unit employee may be placed on Administrative Leave (leave with pay) for reasons in the best interest of the City and/or employee (e g. to diffuse a work - related or personal problem that has the potential for escalation if left unchecked, and/or has a negative effect on department/division operations, anand no other solution is available. The City may require an employee on Administrative Leave to be available dunng his/her normal work schedule 11.6 DOMESTIC VIOLENCE LEAVE — Pursuant to State Law, Domestic Violence Leave provides additional leave rights to employees who are victims of domestic violence, sexual assault, or stalking, or who are family members of victims It entitles employees to take leave to receive medical treatment, attend legal proceedings, or address safety concerns arising out of domestic violence, sexual assault, or stalking as outlined in City Human Resources Policy 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 employee shall be reduced by the amount of the employee contributions to respective retirement system, which is picked up by the City When an employee covered by this agreement is assigned to day shift he /she will be assigned back to shift .just prior to retiring of going on disability The employee will maintain the same pay classification. ARTICLE 13 INSURANCE BENEFITS 13.1 MEDICAL INSURANCE The City shall make medical insurance coverage available to employees and their dependents and provide for payment of insurance premiums as follows. KPS Plan A for Employees KPS Plan B for spouses and dependents; Group Health Group # 0456200/4456200 effective 1 -1 -2011) for Employees, spouses and dependents, or equivalent or better coverage 132 Co -Pay amounts paid by employees for treatment received by employees shall be reimbursed to the employee. Co -Pay amounts paid by employees for treatment received by spouses and dependents shall be paid by the employee. Employee's premium is paid in full by the City 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 COLLECTIVE BARGAINING AGREEMENT I BY AND BETWEEN THE CITY OF BREMERTON and iAFF LOCAL 437 January 1, 2099]2 to December 31, 20122 Page 23 of 40 DRAFT each appoint two representatives for a total of four to review disputed medical insurance claims , In making Judgments regarding a claim, the Committee shall consider 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 If the 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 toss 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. 13 2 2 The City shall pay 100% of employee coverage under KPS Plan A and Group Health and 90% of the cost of the premium for KPS Plan `B" or Group Health for spouse and/or dependents coverage. Due to continuing significant premium increases for Health Insurance coverage, the City will be working with the Group Insurance Selection Committee to address cost containment measures for coverages and employee contributions. 13 3 DENTAL INSURANCE: The City shall make the same level of benefits as are provided through Washington Dental Service Plan F dental insurance coverage available to employees and their dependents and provide for full payment of insurance premiums. All Co -pay amounts for all services received shall be paid by the employee. 13 4 DISABILITY AND LIFE INSURANCE LEOFF H: Employees will receive $35 00 per month in lieu of any City contributions toward the cost of premiums for Short Term Disability, Long Term Disability, and Life Insurance coverage 13.5 INSURANCE RESERVES, REBATES AND SURPLUSES- the City shall require the KPS medical plan provider to provide a structured accounting to the City as least annually. Such accounting shall include plan utilizations, all reserve accounts maintained for the plan, interest earned on reserves, administration costs and coinsurance (pooling) costs This accounting shall be made available to the Association upon request. The City agrees that premium rebates, reserve account rebates or any other monetary returns to the employer from the insurance providers, together with subsequent interest earnings thereon shall be used exclusively to defray the costs of premium increases in the plan, and increase benefit levels, or other health related purposes determined appropriate by the Insurance Benefits ' Committee shall be comprised off the following members: Mayor or designee, one employee selected by the non- represented management and professional employees, and one individual selected by each of the recognized unions. The committee shall elect a chair and any other officers it deems appropriate. 13.6 The City will work with the insurance Selection committee to bring about a reduction in premiums through plan redesign and/or implementation of a cafeteria plan COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2009 to December 31, 201 \ Page 24 of 40 DRAFT ARTICLE 14 CLOTHING AND UNIFORM CLEANING ALLOWANCE 141 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 142 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 the second pay day in February An employee hired subsequent to the first of the year shall receive a pro -rata cleaning allowance payment In the event that the City secures a cleaning contract with an independent cleaning company, no uniform allowance will be paid to employees ARTICLE 15 PERSONNEL PRACTICES 15 1 DEFINITIONS: For the purpose of interpreting the provisions of this Agreement, the following definitions shall apply 1511 PROBATIONARY EMPLOYEE: An employee serving a 12 -month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure Should an employee be absent from work for more than forty-five (45) 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 extension of time shall also include all periods of light duty wherein the employee is unable to perform all of the essential duties of the fob 15 12 PROMOTIONAL PROBATION: A 12 -month probationary period commencing upon the initial date of a regular promotional appointment A promoted employee who is unable to perform the duties of the higher level position to which they have been promoted during the probationary period, shall be returned to his /her previous classification held at the time of promotional appointment at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations, and without recourse to the grievance procedure Should an employee be absent from work for more than one hundred and eighty (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. 15 1 3 LEOFF I EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as " LEOFF I" 15 14 LEOFF H EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as " LEOFF II" 15 15 NON -SHIFT EMPLOYEE: An employee who is normally assigned to work forty (40) hours per week within a Monday through Friday workweek COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 200912 to December 31, 204 Page 25 of 40 DRAFT 15 16 SHIFT EMPLOYEE: An employee who is normally assigned to work on a 24 -hour shift scheduled basis. 15.17 CYCLE: The consecutive calendar day period during which an employee is not scheduled to be on duty as the result of an assigned work schedule including a scheduled Kelly Day, approved paid leave and/or shift trade. 15 1.8 SENIORITY: The Fire Department shall establish a seniority list of all employees in the bargaining unit and shall update the list on January 1 of each year. The list shall be posted on bulletin boards in all stations. All longevity wage placements and vacation selections shall be governed by the current seniority list. Any objections to the list as posted shall be reported to the Fire Department administration and such corrections as are appropriate shall be made and a corrected list shall be re- posted at all stations. 15 2 REDUCTIONS AND VACANCIES: All reductions in force and filling of Civil Service vacancies (those requiring Civil Service testing) shall be handled in accordance with existing Civil Service Rules and Regulations and shall not be subject to the grievance procedure 15.3 EVALUATIONS: 15.3 1 NEW EMPLOYEES: Written monthly evaluations shall be completed on each new employee hired by the Department during his/her probationary period. The purpose of the evaluation will be to identify an employee's progress and/or areas of deficiency in performing job functions 15 3 2 PROMOTED EMPLOYEES: Employees on promotional probation will be evaluated quarterly An employee on promotional probation shall be provided not less than thirty (30) days written notice to correct deficiencies prior to reducing him/her to their previous classification An employee on promotional probation who is demoted due to his/her inability to perform the essential duties and functions of the position, shall have displacement rights under Civil Service Layoff and Reduction rules, provided, however, the employee shall have the right to return to his/her former class regardless of whether or nor a vacancy exists. Provided further, however, nothing in this section prohibits the City from terminating or demoting an employee on promotional probation for good cause in conformance with Civil Service Rules. 15.4 CAREER COUNSELING: An employee who is not selected for a promotional appointment from an eligible register may request career development counseling from the appointing authority for the purpose of their recommending steps the employee may take to improve his/her qualifications and skills for future promotional opportunities. 15.5 RIGHTS AND PRIVILEGES: All current policies and practices concerning computation and payment of pay, allowances and benefits, or the application of contract provisions enumerated herein shall continue in force and effect during the life of this Agreement. Should the City wish to make any change with respect to such practices during the life of this Agreement, it shall first notify the Union of the desired change and afford the Union an opportunity to meet and discuss such change. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 I January 1, 2089j2 to December 31,204-2R \ Page 26 of 40 DRAFT 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/Firef►ghter, except for promotions and special assignments in which the six (6) year 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 at the Chief's sole discretion based upon the needs of the department 157 PARAMEDIC PAY /STEP INCREASES: A Fire fighter who transitions to Fire Fighter/Paramedic during his /her first five (5) years of employment with the Bremerton Fire Department shall be eligible to receive annual step increases based on the employee's anniversary date as a Fire fighter The transitional employee shall be eligible for Fire Fighter /Paramedic wages when authorized by the Medical Program Director to practice as a solo Paramedic ARTICLE 16 PROMOTIONAL EXAMS 161 PROMOTIONAL EXAMINATIONS: The Civil Service Rules shall apply to the conduct of promotional examinations in all respects and shall be administered under the control of the Civil Service Officer, including the posting of the examination announcement and bibliography, the I determination as to whether or not an employee is qualified to 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 shall be handled in conformance with the following sections 162 MAINTENANCE OF ELIGIBLE REGISTERS: Eligible registers for Fire Lieutenant, Fire Station Captain, and Fire Battalion Chief shall be maintained by the Civil Service Officer on a continuous basis irrespective of available vacancies Testing for the positions of Medical Officer and Fire Marshall shall be conducted only when a position becomes available. 16 3 WRITTEN PROMOTIONAL EXAM/BIBLIOGRAPHY: The written portion of the promotional examinations for Fire Station Captain and Fire Battalion chief will be given between February 18 and February 28 th in even numbered years There will be only one written test given that covers both the Fire Station Captain and Battalion Chief promotional examinations The written portion of the promotional examination for Fire Lieutenant will be given between February 18 and February 28 in odd numbered years. The Department in cooperation with the Human Resources Department will provide each qualified applicant one (1) set of reading materials containing the following_ 1 Bremerton Fire Department Standard Operating Procedures/Guidelines (S.O.PJS O.G.'s): 2 Current Collective Bargaining Agreement between the City and I.A.F.F Local #437: 3. Incident Command - Tactical Accountability- Action Plannin &- Communication Solutions (I T A.C.) manual; COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20W12 to December 31, 204-2 Page 27 of 40 DRAFT 4 Supervisor's Handbook 5 Job description of position for which they are being tested. 6 City's policy on Sexual Harassment (Human Resources Policy 3- 20 -02) S te . ia-edd 4e; yeam. gffee4ive januafy 1, the a ....e«+ Gellee&e B e: «: «,. T T «:+ A gr- ee bet the G +. d T A F T 1 4 37 if +1. W DepaAment will supply one (1) set efr-eading material as liste I . 1. _ Iyper-fimsWiefi. gash Feadingmmer -ial- -will rem e4 the stafien— the event that a grievance Is filed prior to any portion of examinations) 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 received from qualified bargaining unit members, the examination may be announced and administered to external candidates as well 165 Effeeteve janemy MMI, 2 the following eligibility criteria shall apply 16 5 1 Eligibility to take Lieutenant's examination – Firefighters must have completed five (5) years with the Bremerton Fire Department and successfully completed Incident Safety Officer training as of February 5 1 h of the calendar year in order to be eligible to take the Lieutenant's examination 16 5 2 Eligibility to take Fire Station Captain's examination - An Lieuteflem gpRlicant must have completed 4 –two 2 ears as a Fire Lieutenant with the Bremerton Fire Department and successfully completed Incident Safety Officer training and Fire Instructor I as of February 5 of the calendar year in order to be eligible to take the Fire Station Captain's examination 16.5.3 Eligibility to take Fire Battalion Chiefs examination – A Fire Lieutenant must have completed four (4) years with the Bremerton Fire Department as a Fire Lieutenant, or hold a Fire Station Captain's position and have successfully completed Incident Safety Officer training and Fire Instructor I as of February 5` of the calendar year in order to be eligible to take the Fire Battalions Chief s examination. 16 36 CRITERIA FOR EXAIVIINATION CONTENT: Promotional examinations shall include a written and oral portion, and shall test for only the knowledge and abilities, which are included in the current classification specifications for the position being tested. 16.67 EXAMINATION SCORING: Examinations shall be scored as follows. (All scores on examinations shall be rounded to the nearest one -tenth of a point.) 16 67 l Written portion: Maximum of 50 - Forty (401 Points_ An applicant's performance on the written portion of a promotional examination shall be scored as follows COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 200912 to December 31, 204.2-22 Page 28 of 40 DRAFT I • Number of questions answered correctly divided by the total number of questions asked = e uals percentage of correct answers 44te- maximum of &0-fo 40 1 shall be multiplied by the percentage of correct answers and the result shall be the number of points the applicant earned on the written portion of the examination 16 67 2 Oral portion: Maximum of �A - Sixty (60) Points_ An applicant's performance on the oral portion of a promotional examination shall include the oral panel's evaluation of an applicant's training and educational achievements along with the panel's rating on the applicant's performance in the oral portion, which shall be scored as follows Number of points received divided by the total number of points available = uals percentage of total oral points The maximum of 30-six 60 Pooints shall be multiplied by the percentage of total oral points and the result shall be the number of points the applicant earned on the oral portion of the examination 16 67 3 Experience Rating: Maximum of 4&Five Points_ Each applicant shall receive 05 (1/2) point for each full o (2) years -of employment with the Bremerton Fire Department based upon the date the written examination is conducted, up to a maximum of five 5 points These Rgints will only be added for those candidates that attain an overall score of seventy percent (70 %) or greater U f ll OW I FIg h figOS ., a eff 6 tiVO r.,..,.aF 1 2010. 16 67 4 Weighting of Written/Oral examinations: • Written examination - fLiV Wrcent 40 %) • Oral examination - sixtgpercent (60 %) 16 7.5 Oral Examination - The Oral exam will include the following items• • Personnel problem or citizen complaint • Tactical problem pertinent to the position being tested for • Oral and written resume L shall be inultiplied by-" 16 6.5 OFW peFfien MaAmum of 60 Points panel's ieting -ems the - eppl's- perfeiense ifr t#ie- oral pe14ieff,wk;- qhAll '-° -.-' COLLECTIVE BARGAINING AGREEMENT ( BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 208912 to December 31, 204. Page 29 of 40 DRAFT exeMiaat iell faa*imum of: five (5) peiRts. These peints will enly be added feF these emdi—dges dii-At -Aa—fain M 16.6.7 Weighting of Wr-ifteWOml examinationsi; WFOOH e+Neffii<aatiea 407 0 166 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 l 16.67 64-9 Minimum Score _ An applicant must achieve a total score of seventy percent (70 %) or more to be placed on the eligible register for the position 16-574-1-7 Minimum Score Eff-eetive Jmuafy ', 2A' ^, gi n applicant must achieve a total score of seventy percent (70 %) or more on each portion of the exam in order to be placed on the eligible register for the position 16-78 All offers, acceptances and declinations of employment for promotional positions only shall be made in writing 16 99 During the life of this Agreement, the parties shall meet in a labor management forum to discuss the above language covering promotions 1 16.910 PROMOTIONS FROM FIRE — FIGHTER TO PARAMEDIC/FIREFIGHTER: A Firefighter may be promoted to Paramedic/Firefighter (P_M_/F,FJ under the following conditions. 16.910.1 The Employee must successfully complete a Paramedic training program approved by the Fire Chief 16110 2 The employees must have a Paramedic /Firefighter certificate issued by the Kitsap County Medical Program Director COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 209912 to December 31, 24222 Page 30 of 40 DRAFT 16 910 3 The Fire Chief must approve the promotion I 16 910 4 The promotion shall take effect on the first day of the pay period after satisfying the above conditions For promotions to P MJF_F_, the employee's step increase date will be changed to the effective date of the promotion 16 910 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 16 101 Newly appointed Lieutenants and Captains shall 16 101 3 The City shall reimburse the employee for tuition, books and lab fees All materials purchased by the City shall remain the property 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 1 GRIEVANCE: A grievance is an alleged violation of the express terms and conditions of this Agreement which is to be resolved through this Grievance Procedure The purpose of this article is to provide an orderly process for the resolution of such grievances 172 UNFAIR LABOR PRACTICE: An Unfair Labor Practice charge is an alleged violation of the Washington State statutes governing public employment labor relations, which is to be resolved through the Public Employment Relation Commission's (PERC) rules and regulations and is not resolvable through the Grievance Procedure 173 MEMBER RIGHTS/UNION RIGHTS: Individual members shall have the right to present their grievance to the employer with or without intervention from the union. All adjustments and or remedies must be consistent with the terms of this agreement The union shall be allowed to be present at all grievance proceedings The union has the right, in its own capacity to act as the aggrieved party Only the union's executive board shall have the right to request grievance arbitration as identified in step four of this grievance process 17 4 GRIEVANCE PROCESS: COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 209912 to December 31, 204.24 Page 31 of 40 DRAFT STEP 1: A member who believes that the terms and conditions of this Agreement have been violated shall first discuss the action giving rise to the belief with his or her immediate supervisor within fourteen (14) calendar days of the date upon which the member could reasonably have been expected to know of such action The member shall advise the supervisor the section (or sections) of this Agreement which is alleged to have been violated, an explanation of the grievance, and the remedy sought. The member shall have the right to be assisted by an authorized Union representative if so requested, during this discussion In all cases, the member shall notify the union in writing of the alleged grievance as well as the time, date and location of any and all grievance proceedings STEP 2: In the event that the member's immediate supervisor does not resolve the grievance to the satisfaction of the member at Step I of this procedure, the member shall reduce the grievance to writing and shall state. the section (or sections) of this Agreement which is alleged to have been violated, an explanation of the grievance in detail, including dates, actions and such other information necessary to a full investigation of the facts and circumstances giving rise to the grievance; and the remedy sought. The member shall have the right to be assisted by an authorized Union representative in reducing his or her grievance to writing The member shall present the written grievance to the immediate supervisor's Battalion Chief Gaptain Assistant Chief, or the Fire Chief, whichever is appropriate, within fourteen (14) calendar days of the date of the member met with his /her immediate supervisor The Battalion Chief - Captain, Assistant Chief, or the Fire Chief, whichever is appropriate, shall meet with the member and the member's Union representative within fourteen (14) calendar days after the receipt of the written grievance for the purpose of considering the matter The Battalion Chief 6a, Assistant Chief or Fire Chief, as appropriate, shall reduce his/her decision to writing and shall transmit the decision to the member and to one of the principal officers in person, by regular mall, certified mail and email, with a copy to the Union representative within fourteen (14) calendar days of meeting with the employee and the Union representative The grievance will automatically advance to the next step in the process if the City's representative does not respond within the required time limits STEP 3: In the event that the Battalion Chief Gaptain, Assistant Chief, or Fire Chief, as appropriate, does not resolve the grievance to the satisfaction of the member at Step 2 of this procedure, the Union shall, on behalf of the member, transmit a copy of the original grievance along with a copy of the Fire Chief s written response to the Human Resources Manager and the Mayor within fourteen (I4) calendar days of receipt of the Fire Chiefs written response. The Human Resources Manager shall consider the grievance and may convene a meeting with the appropriate member of the Union executive board in an attempt to resolve the grievance The Human Resources Manager shall reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Union STEP 4: In the event that the Human Resources Manager does not resolve the grievance at Step 3 of this procedure, the Union may request arbitration of the Issue by written notification to the Human Resources Manager. The Human Resources Manager and the Union shall meet within fourteen (14) calendar days of the date upon which the Human Resources Manager rendered his or her written decision on the grievance and shall select a neutral arbitrator by mutual agreement or request a panel of nine (9) arbitrators from PERC. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 209912 to December 31, 204. Page 32 of 40 DRAFT 17 5 GRIEVANCES FOR SUSPENSION AND /OR DISCHARGE: In the case of suspension and/or discharge, Step One (1) of the grievance procedure shall be waived and the grievance shall proceed to Step Two (2) with the Fire Chief 17 6 POWERS AND DUTIES OF THE ARBITRATOR: It shall be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision The hearing shall be kept informal and private. The arbitrator shall interpret the provisions of this Agreement as they apply to the issue or issues submitted for decision, and shall not add to, subtract from or in any other way alter or recommend the alteration of the terms and conditions of the agreement in deciding the matter As soon as is practicable after conducting the hearing, the arbitrator shall render a written decision which shall be binding upon the parties 177 COSTS OF ARBITRATION: The expenses of the neutral arbitrator shall be borne equally by the parties Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses The party desiring a record of the proceedings shall bear the cost of obtaining such record 178 TIME LINVIITS: Time limits established in this procedure shall be strictly adhered to, but may be waived by mutual agreement of the Union and the City All procedures contained herein shall be complied with as expeditiously as practicable. ARTICLE 18 REGIONAL FIRE AUTHORITY In the event that the Bremerton Fire Department enters into a Regional Fire Authority (RFA) i e West Sound Fire and Rescue, the positions of Fire Marshall and Medical Officer shall be upgraded to the rank of Battalion Chief immediately prior to the Bremerton Fire Department's merger into the RFA. ARTICLE 19 DRUG FREE WORKPLACE 191 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 192 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 193 As a condition of employment, all employees must notify the Fire Chief or designee of any criminal drug statute conviction for a violation occurring in the work place no later than five (5) days after such a conviction 19.4 It is the responsibility of every employee to be aware of the above provisions and to abide by them. Failure to observe these provisions could result in immediate disciplinary action against the employee, up to and including termination The employee may be required to participate satisfactorily in an alcohol or drug abuse assistance or rehabilitation program COLLECTIVE BARGAINING AGREEMENT j BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 209912 to December 31, 20t222 Page 33 of 40 DRAFT 195 All employees will be fully informed of the drug and alcohol - testing article Employees will be provided with Information concerning the Impact of the use of alcohol and drugs on ,lob performance Supervisors will receive training in recognition of signs and systems of substance abuse In addition, the City will inform the employees on how the tests are conducted, what the test can determine and the consequence of testing positive for drug use. All newly hired employees will be provided with this Information on their Initial date of hire, or as soon thereafter as possible No employee will be tested before this Information is provided to him An employee may voluntarily enter rehabilitation without a requirement or prior testing. Employees who voluntarily come forward and ask for assistance to deal with a drug or alcohol problem will not be disciplined by the City for doing so No disciplinary action will be taken against an employee unless he /she refuses the opportunity for rehabilitation, falls to complete a rehabilitation program successfully, or again tests positive for drugs within two (2) years of completing an appropriate rehabilitation program, or as otherwise provided in this article. 19.5 1 Drugs will be defined as narcotics, depressants, stimulants, hallucinogens, cannabis and alcohol, or substances whose dissemination is regulated by law or this article With respect to over - the - counter drugs and/or drugs that require a prescription or other written approval from a licensed officer or dentist of their use, it is the responsibility of the employee to review cautionary warnings for potential side effects and inquire of the Issuing medical authority as to the potential impact of the drug to impair one's ability to work safely and effectively Each employee is expected to inform his supervisor of such circumstances if there is reasonable cause to believe there will be Impairment 19 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 r employee's work performance is Impaired due to drug or alcohol abuse, the City will require the employee to undergo a medical test consistent with the conditions as set forth in this article. Indications of impaired behavior or a substance abuse problem will Include, but are not limited to, the odor of alcohol on the breath, dilated or constricted pupils, accident pattern, abnormal behavior or performance for that specific employee 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 NIDA where they analyze unknown samples sent to an Independent party. The results of employee tests will be made available to the designated Medical Review Officer. The employee will not consume any food or liquids until after the sample is taken 19.5.4 Collection of blood or urine samples will be conducted In a manner, which provides the highest degree of security for the sample and free from adulteration Recognized strict chain of custody procedures must be followed for all samples as set by NIDA. 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 representative prior to submission of the sample, provided it does not unduly delay the process Employees will not be witnessed while submitting a urine specimen. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CiTY OF BREMERTON and IAFF LOCAL 437 January 1, 2009]7 to December 31, 20 \ Page 34 of 40 DRAFT 19 5 6 Prior to submitting a urine or blood sample, the employee will be required to sign a consent and release form An employee who refuses to submit to discovery testing will be subject to disciplinary action up to and including discharge for the purpose of administering this article 19 5 7 All samples must be stored in a scientifically acceptable preserved manner consistent with NIDA standards 19 5 8 The laboratory will test for only the substance and within the limits as follows for the initial and confirmation test as provided within NIDA standards The initial test will use an immunoassay, which meets the requirements of the Food and Drug Administration for commercial distribution. The following initial cutoff levels will be used when screening specimens to determine whether they are negative for those five drugs or classes of drugs INITIAL TESTING Manjuana metabolites 100 ng/ml Cocaine metabolites 300 Opiates metabolites (1) 300 ng/ml Phencyclidine 25 Amphetamines 1,000 ng/ml CONFIRMATORY TESTING Marijuana metabolites (1) 16 ng/ml Cocaine metabolites (2) 150 ng/ml Opiates Morphine 300 ng/ml Phencyclidine 25ng/ml Amphetamine 500 ng/ml Methamphetamme 500 ng/ml Delta- 9- tetrahydrocannabinol- 9carboxylic 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 bloodstream (i e a blood alcohol level of .04 or higher) will be a basis for disciplinary action A blood alcohol test will be performed by a qualified laboratory to determine the amount of alcohol in the bloodstream If such alcohol testing results are negative, all samples will be destroyed and records of the testing expunged from the employee's file. 19.5 10 The Medical Review Officer will be employed by the collection facility and must be a licensed physician with knowledge of substance abuse disorders The Medical Officer will be COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 200912 to December 31, 204- Page 35 of 40 DRAFT familiar with the characteristics of tests (sensitivity, specificity, and predictive value), the laboratories running the tests and the medical conditions and work exposure of the employees The role of the Medical Review Officer will be to review and interpret the positive test results He or she must examine alternate medical explanations for any positive test results This action will include conducting a medical interview with the affected employee, review of the employee's medical history and review of any other relevant biomedical factors The Medical Review Officer must review all medical records made available to the tested employee when a confirmed positive test could have resulted from legally prescribed medication 19 5 11 The laboratory will advise only the employee and the Medical Review Officer of any positive results The results of a positive drug or alcohol test can only be released to designated Human Resources staff by the Medical Review Officer once he or she has completed her or his review and analysis of the laboratory's test 19 5 12 The parties recognize that an employee has the obligation not to place him/herself in a situation where the ability to perform his/her job is impaired by drugs or alcohol In the event an employee fails to fulfill his /her obligations, it is the responsibility of the City to remove such employee from the work environment to prevent the endangerment of the employee, fellow employees and/or the public 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/herjob is impaired by drugs or alcohol In the event an employee fails to fulfill his /her obligations, it is the responsibility of the City to remove such employee from the work environment to prevent the endangerment of the employee, fellow employees and/or the public Any regular employee who tests positive for drugs may be subject to disciplinary action up to and including termination, depending upon the circumstances of the situation Circumstances that would warrant termination include incidents where the employee's impairment resulted in loss of life, serious injury to self or others, or the serious loss or damage of property In cases where discipline is not warranted, the employee involved who tests positive for drugs or alcohol may be placed in a rehabilitation status where the employee may utilize accrued paid leave or donated leave In this case the employee will be evaluated by a licensed drug/alcohol evaluator, nor employed by the City Participation by the employee in the approved treatment program is mandatory Once the intensive part of the program has been completed, the employee may be returned to his/her regular duty assignment, but only with a written release from the Medical Review Officer Employees who complete a rehabilitation program may be re- tested randomly a maximum of four (4) times a year for the following two (2) years. 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 will be subject to one (1) random test during the following twelve (12) months COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and [AFF LOCAL 437 January I, 200912 to December 31, 20I-L22. l Page 36 of 40 DRAFT 19 5 15 Periodic progress reports from the attending health care practitioner will be provided to the City stating the prognosis of when the employees should be able to return to his/her regular duty assignment 19 5 16 If an employee tests positive during the two (2) year period following the rehabilitation program, the employee will be re- evaluated by a licensed drug or alcohol counselor to determine if the employee requires additional counseling and/or treatment The employee will be solely responsible for any costs not covered by insurance, which arise from this additional counseling or treatment This section does not apply to employees in rehabilitation programs pursuant to Section 20 5 10 19 5 17 Once an employee successfully completes rehabilitation, he or she will be returned to his/her regular duty assignment 19 5 18 A regular employee has the right to challenge the results of the drug or alcohol tests and any discipline imposed in the same manner that he /she may grieve or appeal any other City action 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 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 and rehabilitation 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 violations of the provisions of this policy will be strictly maintained, except as required by public disclosure laws or court orders. ARTICLE 20 LABOR MANAGEMENT COMMITTEE 20 1 LABOR MANAGEMENT: The Employer and the Union agree that a need exists for closer cooperation between labor and management. To accomplish this objective, the Employer and the Union agree that no more than three (3) duly authorized representatives of the Union shall function as one -half (1/2) of a Labor - Management Committee, the other half being no more than (3) certain representative of the Employer named for that purpose The Committee shall meet as necessary or at the request of either party for the purpose of discussing and facilitating the resolution of all problems which may arise. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CiTY OF BREMERTON and [AFF LOCAL 437 January 1, 200912 to December 31, 204.222 Page 37 of 40 DRAFT 20 2. MEMORANDUMS OF UNDERSTANDING (MOUS) — Memorandums of Understanding signed and enacted during the term of this Agreement will be signed and distributed to both parties An -- original and electronic copy will be retained by the Human Resources Manager until such time the language becomes incorporated into a successor agreement 20 3 MULTIJURISDICTIONAL TRAINING In the event that multi - jurisdictional training 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 CBA 20 3 2 While such multi - jurisdictional training may increase the productivity hours for that event, it is not the intent of this agreement to increase productivity hours as a matter of general policy ARTICLE 21 PHYSICAL FITNESS PROGRAM 21 1 The Union and the City will continue to develop and refine the physical fitness program for the Bremerton Fire Department They will work toward full implementation of the IAFF/IAFC Wellness and Fitness Initiative 212 The City will continue to provide yearly fitness assessments for those employees who choose to participate The fitness assessments shall be administered by current Peer Fitness Trainers or an outside _ agency 213 In trying to work towards implementation of the Wellness and Fitness Initiative, the City will provide for the continuing education of the current Peer Fitness Trainers The City will also work towards certifying three (3) additional Peer Fitness Trainers (Goal of 6 PFTs) 214 Employees shall normally be granted from 10 30 am to 12 00 Noon to participate in their physical fitness program, shower, and be ready for duty In the event an employee's fitness routine is interrupted by an emergency response or training scheduled in advance, an employee's immediate supervisor shall have the discretion to allow the employee to complete their fitness routine before 5 00 pm The Chief reserves the right to revert back to a 4 00 pm start time for physical fitness as outlined in the SOP if the Chief determines that the 10 30 am to 12 Noon period is not operating in the best interests of the department If the Chief exercises this discretion, the subject will be discussed in Labor Management 215 Designated physical fitness time shall be subject to re- evaluation during the Labor Management meetings. ARTICLE 22 TOBACCO FREE WORK PLACE 22.1 As a condition of employment, all employees hired after the effective date of this agreement shall not use any tobacco products while on duty. COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January I, 209412 to December 31, 2U2V Page 38 of 40 DRAFT ARTICLE 23 DISCIPLINARY ACTION 23 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 cause An employee, who is the subject of a disciplinary action, must elect to follow the appeal procedures either in the Civil Service Rules, or grievance procedure The employee selection of one procedure shall preclude the use of the other ARTICLE 24 SEVERABILITY 24 1 In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent junsdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect The Union and the City shall immediately meet and attempt to renegotiate any provision found invalid ARTICLE 25 ENTIRE AGREEMENT 25 1 The Union and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining The results of the exercise of that right are set forth in this Agreement Therefore, the City and the Union each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the tern of this Agreement, except as mutually agreed upon ARTICLE 26 TERM 261 The terms of this Agreement shall be in effect upon January 1, 2009, unless otherwise provided within the terms of each Article, and shall remain in effect through December 31, 2011 Negotiations for a successor agreement shall commence no later than August 1, 2011 Upon the approval of the Council, this Agreement shall become binding upon the City, the Union and all of the employees in the bargaining unit covered by this Agreement DATED THIS day of , 2484 CITY OF BREMERTON IAFF LOCAL #437 Allison Duke III Robert Ashmore Fire Chief President COLLECTIVE BARGAINING AGREEMENT f BY AND BETWEEN THE CiTY OF BREMERTON and 1AFF LOCAL 437 January 1, 2009jl to December 31, 204-2Z2 Page 39 of 40 DRAFT Patty Lent, Mayor Brian Viergutz Vice President Doug Baier Secretary- Treasurer ATTEST APPROVED AS TO FORM I Cafe! &gea Shannon Conn Roger Lubovlch Interim City Clerk City Attorney COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20MIZ to December 31, 204. Page 40 of 40 Page 1 of 2 From Christine Grenier on behalf of City Council Sent Wednesday, December 21, 2011 10 47 AM To 'Boston Don' Subject Citizen Letter - IAFF Local 437 Contract (Don Stauff) Mr Stauff, Thank you for sharing your comments regarding the IAFF Contract I have provided your letter to the Council Members for their review and consideration Sincerely, Christine Grenier Council/Auditor Assistant City of Bremerton (360) 473 -5280 be Mayor Fire Chief Financial Services Director From: Boston Don [madto bostonsdelinpizza @ymad com] Sent: Tuesday, December 20, 2011 1136 PM To: City Council Cc: donandlatte @msn com Subject: IAFF Local 437 Contract To the Honorable City Council of Bremerton, Due to the poor process by this administration, I would like to provide the Council with the following information The contract between the City and the IAFF Local 437, will be on the agenda Wednesday evening for the Council's approval I would like to point out a few facts * In the past 8 years, the budget for this dept has increased 110 %, an average over 13 75% per year 2004 - $ 3,959,560 00 2012 - $ 8,318,014 00 An increase of $4,358,454 00 averaging an increase of $ 544,806 75 each year *This contract provides 51 shift personnel and requires a minimum of 13 personnel on duty each shift Each shift employee is entitled to work 2568 hrs per year -234 hrs vacation (min) - 96 hrs sick leave(min) = 2238 man hours available x 51 FTE = 114138 man hours available to cover all 12/21/2011 Page 2 of 2 shifts for the year divided by 365 days 312 man hours per day If they have 13 employees covering shifts as a minimum, as they are required, 13 FTE x 24 hour shift 312 man hours used Because this dept. is so short of staff, all sick time, personal time, vacation time and holidays will be paid by the city as overtime At a minimum, you will be approving well over 16830 hours of over -time with this contract 16830 hours x 15 overtime rate 25245 hrs These 25245 hrs could better be served by expanding the Fire Dept, and cutting down the over -time If the City hired 8 new Firefighters, they would use 17904 hours, and using this staff to cover the benefit days now being used for over -time The remaining 7341 hours not used in overtime, would pay for the benefits of the 8 new hires Would it not be much wiser to actually expand the dept., and provide more service with more personnel at less cost? * In 2008, the Dept had 1- Chief, 1 -Asst Chief, 6- Captains, and 12 Lieutenants In 2012, the Dept has 1- Chief, 4- Battalion Chiefs, 5 - Captains, and 9 Lieutenants There are now 9 people above Lieutenant available that can acquire over -time compared to only 6 in 2008. This has an appearance of mismanagement by creating positions (Battalion Chiefs) and promoting personnel simply because of longevity Depleting the Assistant Chief position (a salaried position) not requiring any over time, and promoting personnel to Capt and Battalion Chief (with over -time) is making this an unsustainable dept that certainly is at the least mismanaged Thank you, Don Stauff 12/21/2011