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04/17/2013 AGENDA
� t i Q ©4t7 OC3 C CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 APRIL 17, 2013 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 BPD BRIEFING — City of Bremerton Police Chief Steve Strachan 5 PUBLIC RECOGNITION 6 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — April 3, 2013 C Minutes of Study Session — April 10, 2013 D Bid Award to RoGNLiN'S, INC for the Eastside Beach Sewer Main Replacement Project E Bid Award for Service Agreement with S VARICK M AINTENANCE for Landscape Maintenance and Service F Ordinance No 5214 providing for the Issuance and Sale of two (2) Limited Tax General Obligation (LTGO) Bonds for the Parking System and Golf Course in the aggregate principal amount not to exceed $14,500,000, and delegating authority to Mayor or Director of Financial Services to approve the final terms of the Bonds G Collective Bargaining Agreement between the City of Bremerton and International Association of Fire Fighters (IAFF) Local 437 7 GENERAL BUSINESS A Ordinance No 5215 establishing a new Chapter 6 10 of the Bremerton Municipal Code (BMC) entitled "Abandoned Property Registration and Maintenance ", and Resolution No 3191 amending the Community Development — Rate Table C establishing fines and penalties for failure to register and maintain abandoned properties 8 COUNCIL MEMBER REPORTS 9 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request Those requiring special accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD r5 /-� L ? 4 2 t Pjf,0�7 REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU Proda matiott WHEREAS, the aim of the Pay it Forward concept is to promote community spirit through intentional acts of kindness, and WHEREAS, the Pay it Forward novel, written by Catherine Ryan Hyde in 2000, has inspired the creation of a movie, a non profit foundation, and a movement that has been vital in inspiring millions of good deeds all over the world, and WHEREAS, Pay it Forward Day was created in 2007 in Australia to further the altruistic movement of goodwill, and WHEREAS, Pay it Forward Day is a worldwide effort being supported by people in more than 52 countries on 6 continents, and WHEREAS, Pay it Forward Day encourages people to do good deeds for others without asking for anything in return except for the recipients to pay it forward to others in need, and WHEREAS, together we can make a difference by creating positive change in our community and world — one good deed at a time, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, WA do hereby proclaim Thursday, April 25, 2013 as PAYIT FORWARD DAY in Bremerton, WA and urge all citizens to observe this day with activities and acts of kindness that demonstrate and celebrate selfless giving Signed this I # day of January 2013 Mayor Patty Lent ° -- �roc�m�a�tiott WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs, moderate the temperature, clean the air, produce life - giving oxygen, and provide habitat for wildlife; and WHEREAS, trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, Bremerton has been named a Tree City USA by the National Arbor Foundation for the 17' straight year; and WHEREAS, in honor of Arbor Day, our Parks and Recreation Department is presenting a program at Kiwanis Park celebrating trees and extolling their attributes; NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton do hereby proclaim April 24, 2013 as the celebration of ARBOR DAY in the City of Bremerton and I urge all citizens to celebrate Arbor Day and support our efforts to protect our trees and woodlands. Signed this 17th day of April 2013 Mayor Patty Lent i eon op o• o V ro damatf on WHEREAS, the global community now faces extraordinary challenges, such as global health issues, food and water shortages, and economic struggles; and WHEREAS, all people, regardless of race, gender, income, or geography, have a moral right to a healthy, sustainable environment with economic growth, and WHEREAS, it is understood that the citizens of the global community must step forward and take action to create a green economy to combat the aforementioned global challenges, and WHEREAS, a green economy can be achieved on the individual level through educational efforts, public policy, and consumer activism campaigns, and WHEREAS, it is necessary to broaden and diversify this global movement to achieve maximum success; and FURTHERMORE, let it be known that the City of Bremerton hereby encourages its residents, businesses and institutions to use Earth Day to celebrate the Earth and commit to building a sustainable and green economy, NOW, THEREFORE, I Patty Lent, Mayor of the City of Bremerton do hereby proclaim April 22, 2013 as Earth Day in Bremerton and encourage our citizens to support green economy initiatives and encourage others to undertake similar actions Signed this 1 St day of April, 2013 Mayor Patty Lent AGENDA BILL CITY OF BREMERTON 6A CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date April 17, 2013 Department Financial Services Presenter Shannon Conn Phone 473 -5323 SUMMARY. Approval of the following checks and electronic fund transfers 1) Check #'s 353011 through 353224 and EFT's 12737 through 12776 in the amount of $2,311,278 74 ATTACHMENTS FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA Nx No Discussion ❑ Full Presentation STUDY SESSION ACTION 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION. Move to approve consent agenda as presented COUNCIL ACTION: ❑Approve ❑Deny ❑ Table El continue ❑ No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: COUNCIL MEETING Date April 17, 2013 Department City Council Minutes of Meeting Presenter Greg Wheeler April 3, 2013 Council President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A STUDY SESSION AGENDA ® No Presentation Planned ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, April 3, 2013 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, April 3, 2013, at 5 00 PM In Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Greg Wheeler presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Adam Brockus, and Leslie Daugs Council Members Jim McDonald and Wendy Priest were absent Also present were Assistant City Attorney Mark Koontz, City Clerk Shannon Conn, and Council Assistant Christine Grenier A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council Conference Room, immediately following was the Council Meeting at 5 30 PM The Pledge of Allegiance was led by Council Member Leslie Daugs followed by the invocation provided by Pastor Eric Roberts of New Life Assembly MAYOR'S REPORT — Mayor Patty Lent • Proclaimed the Month of April 2013 as "World Wide Parkinson's Disease Awareness Month", which was accepted by Vivian Henderson • Hoped citizens would take the Mayor's Water Conservation Challenge through April 30 by visiting www mvwaterchallenge com • Mentioned that residents have one last opportunity to participate in the Re -Power Kitsap Project on April 13 from 10 00 AM to 4 00 PM at Woodward Middle School on Bainbridge Island, • Proclaimed April 9, 2013 as "National Service Recognition Day', which was accepted by Larry Ever and Jennifer Allik AmenCorps, • Announced that there will be a Community Meeting to discuss the expanded Armed Forces Day Parade Route on Monday, April 15 beginning at 6 30 PM at the Kitsap Community Resources building located at 1201 Park Avenue, • Thanked John H. Larson Bob Dollar and Robert Parker for their efforts on the Utility Rate Study Committee, and for their community involvement, • Reminded the community about this week's First Friday Artwalk Events and the Washington State Science & Engineering Fair (WSSEF) over the weekend, and • Introduced Community Development Director Andrea Spencer to provide a report on the City's campaign to eliminate neighborhood graffiti, acknowledged Robert Parker who provided information on the "LEAN" process which helped staff to streamline the City's process for graffiti response down to 3 days, and also acknowledged David Buffington IT, who developed a mobile application for citizens to report graffiti in real time as well as view the frequency and status of complaints In addition, Public Works & Utilities Director Chal Martin announced that the City will provide a graffiti removal kit to volunteers and explained the $25 cost per kit is split between Utility and Street Funds PUBLIC RECOGNITION Mike Walton YMCA Marketing Director, announced that the last Resolution Run will be held this Sunday at 9 00 AM, stated that the 4 -on -4 Basketball program has returned, and looked forward to Healthy Kids Day on April 27 all being held at the Bremerton "Y ", and as the Kitsap Public Facilities District (KPFD) Executive Director, he thanked the community for its support towards fundraising efforts, and announced that the KPFD Annual Conference will be held on May 13 at the Kitsap Conference Center Raven Rayne presented information on medical marijuana for the Council to review and consider, and would like to be part of the solution City Council Reg Mtg Minutes Wednesday, April 3, 2013 Page 2 of 5 Beverly Hanson thanked Mayor Lent for her support of the Ars Poetica exhibit now on display from April 2 to 28 at the Collective Visions Gallery, and encouraged the public to visit Leanne Weaver reported on the incredible facelift and upgrades that took place over the weekend at Georgia's House (for the homeless) and thanked the volunteers who made this happen Megan Bradley announced that several exhibits will be opening during the First Friday Artwalk and will be available through the month of April including volunteer recognition and civil war veterans Robert Parker expressed his appreciation to the Council for setting a goal to wipe out graffiti and tagging, and thanked the Mayor and staff for addressing this problem Roy Runyon thanked Council Member Faye Flemister for bringing up citizen proposed charter amendments at the recent Council Planning Session, and Eric Younger for supporting the proposed amendment on term limits He announced that the next Charter Convention will be held on Monday, April 15 from 6 30 to 8 00 PM at the United Way Building on 4 th Street Janet Waller asked about the status of a community center in the downtown Mayor Lent responded that plans set out by Ron Sher for the former Penney's budding have been not yet materialized due to the economy CONSENT AGENDA 6A — Claims & Check Register Check Numbers 352822 through 353010, and EFT -12698 through EFT -12736 in the amount of $1,080,674 99, Regular Payroll for the pay period ending March 31, 2013 in the amount of $666,582 36, and Retiree Payroll for the pay period ending March 31, 2013 in the amount of $61,225 20 6B — Minutes of Meeting — March 20, 2013 6C — Minutes of Planning Session — March 23, 2013 6D — Minutes of Study Session — March 27, 2013 There were no comments from the public 06:24:10 M /S /C /U (Flemister /Daugs) Move to approve the CONSENT AGENDA as presented GENERAL BUSINESS 6A — ORDINANCE NO. 5210 AMENDING CHAPTER 2.50 OF THE BREMERTON MUNICIPAL CODE (BMC) ENTITLED "MANAGEMENT AND PROFESSIONAL STAFF COMPENSATION PROGRAM " : Financial Services Director Becky Hasart summarized that Chapter 2 50 of the Bremerton Municipal Code is being amended to clarify language relating to salary rate advancements as well as vacancy pay -out for management and professional employees, and make other related changes and updates to certain provisions of the chapter Comments and questions from the public were provided by Roy Runyon 06:32:20 Motion was made by Brockus, and seconded by Wofford Comments and questions were provided by Brockus and Daugs, with responses provided by Ms Hasart 06:34:25 M /S /C /U (Brockus/Wofford) Move to pass Ordinance No 5210 amending Chapter 2 50 of the Bremerton Municipal Code entitled "Management and Professional Staff Compensation Program" City Council Reg Mtg Minutes Wednesday, April 3, 2013 Page 3 of 5 613 — ORDINANCE NO. 5211 CREATING A NEW SECTION 15.06.025 OF THE BREMERTON MUNICIPAL CODE (BMC) ENTITLED "SEWER CONSERVATION LOAN PROGRAM " Financial Services Director Becky Hasart explained that the Sewer Conservation Loan Program is modeled after the City of Tacoma's program The program is structured to assist residential homes in the City's utility service area that have a failing septic system and are required by the Health District to connect to the City's sewer system but cannot afford to install the sewer laterals and pay the General Facility Charge (GFC) This program would allow the property owner to pay the GFC by making monthly payments over a period of time, but not to exceed five years The loan would be structured as a simple promissory note and secured by a deed of trust, and the loan amount would not exceed $5,00000 Comments and questions from the public were provided by Roy Runyon 06:40:10 Motion was made by Brockus, and seconded by Daugs Comments and questions were provided by Brockus, Daugs, and Younger, with responses provided by Ms Hasart and Mr Koontz 06:45:40 M /S /C /U (Brockus /Daugs) Move to approve Ordinance No 5211 creating a new section 15 06 025 entitled "Sewer Conservation Loan Program ", to set a parameter to do no more than five (5) per year, and to authorize the Finance Director to finalize and execute the agreements with substantially the same terms and conditions as presented PUBLIC HEARINGS 7A — CLOSED RECORD PUBLIC HEARING ON ORDINANCE NO. 5212 APPROVING A REZONE '> OF PARCELS 1008.1016, AND 1018 BURWELL STREET FROM "LOW DENSITY RESIDENTIAL" TO "WARREN AVENUE CORRIDOR " Community Development Planner Allison Daniels stated that the action before the Council is to grant approval of a rezone of the subject proposals 1008, 1016, and 1018 Burwell Street form Low Density Residential (R10) to Warren Avenue Corridor (WC) to be consistent with the adopted 2012 Comprehensive Plan Amendments Mr. Koontz established that the Council would follow the procedures for Quasi - Judicial Hearing President Wheeler inquired that all Council Members should now give consideration as to whether they have 1) a demonstrated bias or prejudice for or against any party to the proceedings, 2) a direct or indirect monetary interest in the outcome of the proceedings, 3) a prejudgment of the issue prior to hearing the facts of record, or 4) ex parte contact with any individual, excluding administrative staff, with regard to the issue prior to the hearing He then asked if any Council Member wished to excuse him /herself from voting on this matter All Council Members remained seated President Wheeler then asked if any member of the public believes any Council Member should excuse him /herself due to a conflict with the Appearance of Fairness doctrine, or for another concern There were no comments from the public, therefore all Council Members continued to remain seated 06:52:10 Motion was made by Flem►ster, and seconded by Daugs Comments and questions were provided by Daugs and Brockus; with responses provided by Ms Daniels 6:53:32 M /S /C /U (Flemister /Daugs) Move to pass Ordinance No 5212 approving a rezone of 1008, 1016, and 1018 Burwell Street from "Low Density Residential" to 'Warren Avenue Corridor" City Council Reg Mtg Minutes Wednesday, April 3, 2013 Page 4 of 5 76 — PUBLIC HEARING TO ADOPT ORDINANCE NO. 5213 AMENDING RATES FOR WATER, WASTEWATER, STORMWATER AND OTHER RELATED SERVICES Financial Services Director Becky Hasart explained that beginning in May 2012, the City has been conducting a comprehensive rate study to access the revenue requirements needed for and costs associated with our Water, Sewer, and Stormwater utilities After numerous meetings with the Citizens' Advisory Committee, Council, and the public, the revenue requirements have been identified for all three utilities and a new rate structure for residential water rates was established The attached ordinance incorporate the rates associated with this process Ordinance No 5213 adjusts the water rates effective May 1, 2013 and changes our residential rate structure so that the base rate paid decreases from current rates but charges only one commodity rate for actual usage (changing from the current two block increasing commodity rate) While rates are also being adjusted for non - residential accounts, there is no change in the structure of how these rates are charged The ordinance also adjusts the Stormwater rates effective May 1, 2013, but makes no changes to the current rate structure associated with Stormwater There is no adjustment to the in -city wastewater rates for 2013, however, effective May 1, 2013, the multiplier for outside wastewater rates will increase from 1 15 times to 1 5 times, to be consistent with the outside water rates multiplier President Wheeler opened the public hearing Comments from the public in support of Option 3 were provided by John H. Larson Bob Dollar and Roy Runyon With no further comments, President Wheeler closed the public hearing to the public, and opened for Council discussion 07:04:35 Main Motion was made by Flemister, and seconded by Arends Comments and questions on the Main Motion were provided by Brockus and Daugs, with responses provided by Ms Hasart 07:09:30 Amending Motion was made by Brockus and seconded by Daugs Comments and questions on the Amending Motion were provided by Brockus, Flemister, Younger Wheeler, and Flemister, with responses provided by Ms Hasart 07:20:40 AMENDING M /S /F (Brockus /Daugs) Move to amend Exhibit A with Option 3 Voted in favor of Amending Motion Daugs, Brockus, Wheeler Voted opposed to Amending Motion Younger, Wofford, Flemister, Arends Amending Motion failed 3 -Yes, 4 -No 07:21:35 MAIN M /S /C (Flemister / Arends) Move to approve Ordinance No 5213 of the City Council of the City of Bremerton, Washington, amending rates and fees established in Ordinance No 5172 regarding rates and fees relating to the Department of Public Works & Utilities for Water, Wastewater, Stormwater, and other related services Voted in favor of Main Motion Wofford, Daugs, Brockus, Flemister, Younger, Wheeler Voted opposed to Main Motion Arends Main Motion carried 6 -Yes, 1- No COUNCIL MEMBER REPORTS Adam Brockus announced that the next District 3 Community Meeting would be held on Tuesday, April 23 from 6 to 8 00 PM at the Senior Center with the topic to be announced. Faye Flemister announced that as part of First Friday Artwalk events the Kitsap County Historical Museum will be hosting a program on "Civil War Veterans of Kitsap County" by former Council Member Roy Runyon beginning at 6 00 PM on April 5 City Council Reg Mtg Minutes Wednesday, April 3, 2013 Page 5 of 5 Carol Arends reminded parents that Claywerks Too' at their 408 Pacific Avenue location would continue offering daily projects at a cost of $15 tomorrow and on Friday for kids on spring break, and looked forward to First Friday Art Walk activities this week downtown and in Manette. Nick Wofford looked forward to the Washington State Science and Engineering Fair, as well as the Science Film Festival being held this Friday and Saturday at Bremerton High School Greg Wheeler stated that the discussion on 2014 Council Goals begins next week, and reiterated that representatives of the City will be available to discuss the new Armed Forces Day Parade route at a Community Meeting scheduled on April 15 With no further business, President Wheeler adjourned the Council Meeting at 7 27 PM Prep ed and Submitted by C RISTIN GRENIER Council Assistant Attest SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ �r���o�������a�����������������������0000N0N SUBJECT COUNCIL MEETING Date April 17, 2013 Department City Council Minutes of Study Session Presenter Greg Wheeler April 10, 2013 Council President Phone (360) 473 -5280 SUMMARY Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A STUDY SESSION AGENDA ❑x No Presentation Planned ❑ Full Presentation STUDY SESSION ACTION- N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve the Consent Agenda as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, April 10, 2013 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 a Street, Bremerton, Washington, Wednesday, April 10, 2013, at 5 00 PM, with Council President Greg Wheeler presiding Council Members present were Eric Younger, Carol Arends, Faye Flemister, Wendy Priest, Adam Brockus, Leslie Daugs, and Jim McDonald Council Member Nick Wofford was absent Lori Smith, Legislative Assistant, was present to provide staff support President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation, and announced that approved items by Council will be placed on the April 17, 2013 Council Meeting Agenda or as indicated A NO PRESENTATION ITEMS 1 Bid Award to ROGNUN's, INC for the Eastside Beach Sewer Main Replacement Project Consent Agenda 2 Bid Award for Service Agreement with S VARICK MAINTENANCE for Landscape Maintenance and Service Consent Agenda B FULL PRESENTATION ITEMS 3 Briefing on Summer Passenger Only Ferry Service between Bremerton and Port Orchard Information Only 4 Proposed ordinance providing for the Issuance and Sale of two (2) Limited Tax General Obligation (LTGO) Bonds for the Parking System and Golf Course in the aggregate principal amount not to exceed $14,500,000, and delegating authority to Mayor or Director of Financial Services to approve the final terms of the Bonds Consent Agenda 5 Proposed ordinance establishing a new Chapter 610 of the Bremerton Municipal Code (BMC) entitled "Abandoned Property Registration and Maintenance ", and proposed resolution amending the Community Development — Rate Table C establishing fines and penalties for failure to register and maintain abandoned properties General Business C GENERAL COUNCIL BUSINESS 1 Public Works Committee Briefing — Adam Brockus, Chair 2 Public Safety and Parks Committee Briefing — Leslie Daugs, Chair 3 Discussion on 2014 Council Goals — Council President Wheeler Topics discussion included refreshing crosswalks near all schools, sidewalks and Safe Routes to School projects, determining "grant ready" projects, county -wide animal control ordinance, increasing Street Fund 102, promoting Bremerton's strengths I e excellent response time of Fire Department, annexation, improving Gateway landscaping, economic study of ferries, improve marketing for all of Bremerton, pattern Way - finding s►gnage as proposed by Roger Brooks; building a permanent stage on the Boardwalk to increase downtown entertainment Final list still TBD With no further business, President Wheeler adjourned the Council Study Session at 8 15 PM Immediately following, the Council met for an Exempt Closed Session for an update on "Labor Negotiations and Proceedings" per RCW 42 30 140(4)(b) No action was taken City Council Study Session Minutes Wednesday, April 10, 2013 Page 2 of 2 Prepared and Submitted by r / LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW SC Is cg AGENDA BILL (00 CITY OF BREMERTON CITY COUNCIL M a N! a N N 0 0 N E 0 N E a 0 0 n 0 0 0 0! 0 0 0 E E a 0 E 0 E 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 E a E 0 0 0 0 E ff 0 0 0 0 E a 0 N X 0 E E 0 E 0 N W 0 0 W a 0 0 0 N 1 SUBJECT: Bid Award to Rognlin's Inc Study Session Date April 10, 2013 for the Eastside Beach Sewer Main COUNCIL MEETING Date April 17, 2013 Replacement Project Department PW & U Presenter Chal Martin/Tom Knuckey Phone 473 -5758 SUMMARY: The work to be completed under this contract consists of installing approximately 3000 feet of 24" diameter high density polyethylene (HDPE) pipe to replace the existing 20" asbestos - cement pipe located on the beach in East Bremerton The existing 20" pipe was installed in 1947 and is scheduled for replacement The existing pipe is also exposed at one location and shallow buried at other locations Accomplishing the work requires coordination with permitting agencies The contract will not be awarded until all necessary environmental permits have been issued to the City There were eight (8) bids Rognlin's Inc was the lowest responsible, responsive bidder in the amount of $878,981 25 (which includes sales tax) ATTACHMENTS 1 Council Summary, 2 Site Plan, 3 Agreement, and 4 Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount) This project is included in the 2013 Budget and is fully funded by wastewater rates The budget amount is $1,250,000 STUDY SESSION AGENDA 0 No Discussion ❑ Full Presentation STUDY SESSION ACTION. Nx Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the bid for Eastside Beach Main Replacement from Rognlin's Inc in the amount of $878,981 25 (which includes sales tax) and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented upon receiving all necessary environmental permits COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 COUNCIL SUMMARY Eastside Beach Main Replacement April 2013 Background The wastewater conveyance system in East Bremerton consists of several pump stations, force mains, and gravity piping The beach mains that convey sewage to the underwater mains that cross under the Port Washington Narrows to West Bremerton are a significant component of the wastewater system The section of beach main between the Eastside Treatment Plant and the submarine mains was constructed in 1947 and is asbestos - cement pipe This section is approximately 3000 feet in length and has nearly reached its expected lifespan Additionally, the main is exposed at one location and is shallow buried (less than 1 foot) at other locations Failure of the main, vandalism, or damage from beach debris could lead to significant wastewater spills in the Puget Sound, resulting in costly fines and repairs Contract Summary The WORK to be completed under this contract consists of installing approximately 3000 feet of 24" diameter high density polyethylene (HDPE) pipe to replace the existing 20" asbestos - cement pipe The work will occur on the beach and must be coordinated with the summer tide schedule, since in -water work is not allowed by the permitting agencies The calendar dates and construction methods for work on the beach is also constrained by the respective permitting agencies in order to minimize disturbance of ESA - listed aquatic species The new main is designed with improved flow characteristics and will have the capacity to convey existing and future flows It should be noted that beach access points are limited in this area so there is an optional provision in the contract that will allow the contractor to occupy a portion of the Lions Field parking area and boat launch In order to perform work on the beach, permits must be issued by Washington Department of Fish and Wildlife and the US Army Corps of Engineers These permits are anticipated to be issued in late April The contract is scheduled for conditional award on April 17, formal contract award will occur when the City receives the permits Fiscal Summary The 2013 CIP budget includes $1,250,000 for installing the new beach main The following table shows the budgeted costs for the project The project is funded by wastewater rates Cost Item Budgeted ($) Contractor $1,100,000 Engineering and Public Works Staff (Design, Support $135,000 and Construction Management) Professional Services $10,000 Other $5,000 TOTAL $1,250,000 Bids were opened on April 2, 2013 There were eight (8) bids Rognlin's Inc of Aberdeen, WA was the lowest responsible, responsive bidder in the amount of $878,981 25 (which includes sales tax) Eastside Beach Main Replacement April 2013 Council Summary CONTRACT (page 1 of 3) THIS AGREEMENT is dated the day of in the year 2013 by and between City of Bremerton (hereinafter called CITY) and (hereinafter called CONTRACTOR) CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 WORK CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled EASTSIDE BEACH MAIN REPLACEMENT ARTICLE 2 CONTRACT TIMES The WORK shall obtain Substantial Completion within 120 calendar days from the commencement date stated in the Notice to Proceed Phase 1 (reference Section 1 -04 12) Time is of the essence as to each and every deadline set forth in this agreement This provision has been specifically negotiated ARTICLE 3 LIQUIDATED DAMAGES CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1 -08 8 of the Standard Specifications which may be modified by the Special Provisions They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1,500 per day after the date of Substantial Completion ARTICLE 4 CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1 -07 2(2) of the Special Provisions ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 1 -09 9 of the Standard Specifications which may be modified by the Special Provisions Applications for Payment will be processed by ENGINEER as provided in the Special Provisions Contractor Initials City of Bremerton March 2013 Caststde Beach Main Replacement CF -1 CONTRACT (page 2 of 3) ARTICLE 6 CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract o Notice Inviting Bids, o Bidders Checklist, o Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, o Performance Bond, o Payment Bond, o Standard Specifications, o Amendments to the Standard Specifications, o Special Provisions, o Appendices o Contract Plans, o Addenda numbers to , inclusive o Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto There are no Contract Documents other than those listed in this Article 6 The Contract Documents may only be amended by Change Order as provided in Section 1 -04 4 of the Standard Specifications which may be modified by the Special Provisions ARTICLE 7 INDEMNIFICATION The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4 24 115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and /or the ENGINEER as further defined in the Contract Documents The provisions of this section shall survive the termination of the contract City ofBrenzei tote March 2013 Eastside Beach Main Replacement CF -2 Contractor Initials CONTRACT (page 3 of 3) ARTICLE 8 ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the parry sought to be bound, and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and /or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written CITY City of Bremerton CONTRACTOR By By [CORPORATE SEAL] Attest Attest Address for giving notices Address forgiving notices License No Approved as to Form Agent for service of process (Signature) (Title) Cite of Brenner ton March 2013 Eastsrde Bench Maur Replacement CF -3 CITY OF BREMERTON BID TABULATION BID TITLE Eastside Beach Main Replacement OPENED BY B III Davis DATE OPENED 4/2/13 TIME OPENED 2 00 pm RECORDED BY Shannon Conn NAME OF BIDDER BOND BASE BID SALES TAX TOTAL f bav� 7./ 71 l (zl / R n se v1 I Irc nit5 w F0ti1 46S, SUMMARY TOTAL BID COMMENTS APPARENT LOW BIDDER r �,� � 's q7� 9�'I 2S SECOND COW BIDDER J62 0 s e0 THI D LOW BIDDER a �`, (:�►�+5ii,(C �") ,� l3 X93- � ENGINEER ESTIMATE (INC SALES TAX) $ $1 1 Million AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ �o��s��o�����s�s�������EEE0000000M0000N000N00EN0NMEa0aN000E0000V0NE000aN00000ENa000001 SUBJECT. Bid Award for Service Study Session Date April 10, 2013 Agreement with S Varick Maintenance for COUNCIL MEETING Date April 17, 2013 Landscape Maintenance and Service Department PW &U Presenter Chal Martin Phone X 5758 SUMMARY Requests for proposals were prepared, distributed and received in accordance with City of Bremerton bid procedures Two bids were received S Varick Maintenance, Belfair was the qualified best bid at $2,285 /month The department requests approval of the Service Agreement for a period of three years, from May 1, 2013 to April 30, 2016, with an additional two, 2 -year extensions with approval by the PW &U Director ATTACHMENTS Council Summary Agreement Bid proposal from S Varick Maintenance FISCAL IMPACTS (Include Budgeted Amount) Funds are budgeted for the current budget year in Wastewater, Water Resources, Police and Public Works, and will continue to be budgeted through the remaining term of the contract STUDY SESSION AGENDA ❑x No Discussion ❑ Full Presentation STUDY SESSION ACTION ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION. Move to approve the Service Agreement with S Varick Maintenance and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action i Form Updated 11/02112 I I COUNCIL SUMMARY LANDSCAPE MAINTENANCE & SERVICES Landscape and maintenance service is currently required at eight (8) City facilities and properties. This Service Agreement will allow for Professional Landscape Maintenance & Services at many high traffic sites and sites with public visibility The locations at which this agreement will cover are as follows: 1 Wastewater Lift Station CE -1, 1750 Park Ave 2 Wastewater Lift Station SB - 3, 34 West Belfair Valley RD 3 Wastewater Lift Station CW -1, 230419 Street 4 Wastewater Lift Station KL -3, 1457 Cedarwood Drive 5 Eastslde Treatment Plant, 2475 Stephenson Ave 6 Police Department Headquarters, 1025 Burwell St 7 UV Treatment Facility, 86o1 West Belfalr Valley RD 8 Public Works Operations Facility,1oo Oyster Bay Ave All of these locations are either high visibility sites and /or have had extensive landscape designs and installation that require professional landscape maintenance and service On March 5,2o13 requests for proposals were sent to five (5) local landscape maintenance & services providers. The proposal packet included the RFP cover letter, scope of work & duties and the bid proposal form. The landscape maintenance proposals were due on March 15, 2013 and we received two (2) bids, one (1) "No Bid" and two (2) "declined to bid ". The proposals that were received were reviewed and evaluated by City staff whose facilities are impacted by this service. After the review and discussion amongst City staff, the qualified best bid was chosen (S Varick Maintenance), as they are currently performing landscape services under City Contract #4947• The qualified best bid was S. Varick Maintenance, with a monthly total Of $2,285 oo . They currently are providing the landscape maintenance and services for the City The new service term will begin on May 1, 2oi3 and will be for a period of three (3) years, with an additional two (2), two (2) year optional extensions, which will be negotiated by both parties following the City's guidelines, and approved by the PW &U Director. GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City "), and S Varick Maintenance ( "Vendor "), whose mailing address is 431 NE Blacksmith Drive, Belfair, WA 98528 The parties agree as follows 1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City SCOPE The vendor agrees to perform the services more specifically described in the scope of work and duties, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein The scope of work and duties may be modified only pursuant to section 10 K of this agreement If the scope of work and duties provides for unspecified additional services, such services shall only be performed upon the express written request of the city Vendor further represents that the services furnished under this agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed 2. TIME OF COMPLETION. The term of this agreement shall commence on May 1, 2013 and will terminate on April 30, 2016, unless terminated earlier pursuant to this agreement The parties may enter into two extensions of two -year terms per extension upon mutual consent of the parties 3. COMPENSATION. The City shall pay the Vendor in an amount not to exceed $2,500 00 per month Vendor shall bill for services at the specific monthly rates, attached hereto as Exhibit B, Bid Proposal, which is incorporated by reference herein Vendor shall submit regular billing statements describing work performed and amount charged for landscape maintenance and services The descriptions shall conform to and fall within the categories set out in the Scope of Services Upon receipt of a conforming billing statement, the City shall promptly process the payment Vendor shall not perform work beyond the Scope of Services and Duties, nor shall vendor be compensated for such work, unless the Scope of Service and Duties or amount of compensation is modified pursuant to this Agreement Vendor shall only be compensated for additional services if requested pursuant to Section 10 K and, if not otherwise provided, such compensation shall be in accordance with this Section If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve vendor of its obligations under this Agreement 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 disability insurance 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 services, including all required licenses for Contractor's officers, agents, employees and sub - contractors 5. TERMINATION. Either party may terminate this agreement by 30 -days written notice to the other party The City may terminate this Agreement for good cause "Good cause" shall include, without limitation, any one or more of the following events A The Vendor's refusal or failure to supply a sufficient number of properly skilled workers for completion of this Agreement Landscape Maintenance and Services Between the City of Bremerton & S Varick Maintenance B The Vendor's failure to make full and prompt payment to subcontractors or for material or labor C The Vendor's failure to complete with federal, state or local laws, rules or regulations D The Vendor's filing for bankruptcy or becoming adjudged bankrupt If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the services required by this Agreement are completed and fully performed 6. CHANGES The City may issue a written change order for any change in the services to be provided during the performance of this Agreement If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work, however, the Vendor may elect to protest the adjustment as provided below A Procedure and Protest by the Vendor If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall 1 Immediately give a signed written notice of protest to the City, 2 Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information a The date of the Vendor'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 Vendor is asserting a schedule change or disruption 3 The Vendor 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 Vendor's records needed for evaluating the protest The City will evaluate all protests, provided the procedures in this section are followed If the City determines that a protest 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 Vendor's Duty to Complete Protested Work In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement C Vendor's Acceptance of Changes The Vendor accepts all requirements of a change order by (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for Landscape Maintenance and Services Between the City of Bremerton & S Vanck Maintenance direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change D Failure to Protest Constitutes Waiver By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) E Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) 7. CLAIMS. The Vendor 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 Vendor 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 in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section 6(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 Vendor 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 8. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officer, 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 Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence The City's inspection or acceptance of any of Vendor'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 arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER Landscape Maintenance and Services Between the City of Bremerton & S Varick Maintenance The provisions of this section shall survive the expiration or termination of this Agreement 9. INSURANCE. The Vendor shall procure and maintain for the 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 Vendor, its agents, representatives, employees or subcontractors Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing 1 Automobile Liability insurance with limits no less than $500,000 combined single limit per accident for bodily injury and property damage, and 2 Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products /completed operations/broad form property damage, and employer's liability Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor All required policies shall be provided on an `occurrence" basis except professional liability insurance (if required), which shall be provided on a "claims- made" basis The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Vendor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage 10. MISCELLANEOUS. A Licenses and Taxes Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract B &O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent B Conflict and Precedence In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence 1 Addenda, if any, 2 Contract, 3 Scope of Work & Duties (Exhibit A) 4 Bid Proposal (Exhibit B) Landscape Maintenance and Services Between the City of Bremerton & S Varick Maintenance C Documents Incorporated by Reference The following documents are incorporated by reference, to include, but not be limited to 1 Scope of Work & Duties 2 Bid Proposal D Nondiscrimination In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates E Compliance with Laws Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement F Work Performed at Vendor's Risk Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work G Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of Washington If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington H Attorney's Fees In 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 9 of this Agreement I Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed below, 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 in this Agreement Notices to be sent to Notices to be sent to VENDOR CITY Attn Shawn Varick Attn City Clerk Owner /Operator City of Bremerton S Varick Maintenance 345 6` Street, Suite 600 431 Blacksmith Drive Bremerton, WA 98337 Belfair, WA 98528 J Assignment Any assignment of this Agreement by the Vendor without the written consent of the City shall be void K Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in Landscape Maintenance and Services Between the City of Bremerton & S Varck Maintenance writing and signed by a duly authorized representative of the City and Vendor L 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 M 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 Agreement shall prevail IN WITNESS WHEREOF, the parties below have executed this Agreement VENDOR CITY City of Bremerton By By Print Name Print Name Its Its Date Date APPROVED AS TO FORM By Bremerton City Attorney ATTEST By City Clerk R \Legal\Legal \Contracts\PUBLIC WORKS \GSA Landscape Maint Services 2013 Agreement doc Landscape Maintenance and Services Between the City of Bremerton & S Varick Maintenance Exhibit A SCOPE OF WORK AND DUTIES FOR Landscape Maintenance and Services The contractor shall Provide where applicable: A. Lawn care, mowing and trimming B. Edging C. Fertilization D Weed control E Insect Control F Pruning G Bed Raking H. Leaf collection I Litter control and inspection J. Irrigation system operation (Use specification sheets for information on each item) Locations: A. Waste Water Liftstations- (Four (4) different locations) a CE- 1,1750 Park Avenue b SB -3, 3481 West Belfair Valley Road c. CW -1, 230419"' Street d KL -3, 1457 Cedarwood Drive B Eastside treatment plant, 2475 Stephenson Avenue C Police Department facility, 1025 Burwell Street D. UV Treatment facility, 8601 W Belfair Valley Rd E Public Works & Utilities Operations, 100 Oyster Bay Avenue N NOTE: All interested bidders are strongly encouraged to attend a site visit to familiarize them with the scope of work & service locations These are all secure, restricted areas, please call the city's representative to set up a meeting to view these locations as needed. SPECIFICATIONS A Lawn Care (Mowing and Trimming) Lawns shall be maintained in a healthy growing condition by furnishing necessary services including the following 1 Mow all turf grass areas once weekly March 1 through October 31. All litter is removed prior to mowing to avoid shredding. 2. Mow on all "as needed" schedule from November 1 to February 28, depending on weather during winter months 3 General turf areas will be mowed at a height of two inches. Aeration to be provided. 4. Clippings will be swept or blown free from sidewalks and patios after each mowing (Back patios will be every other week) 5. Trimming around trees and shrubs shall be performed using herbicides, hand labor, or edger as needed 6 Leaves and storm debris will be blown br monthly during winter months 7 Sidewalks and entryways are to be blown off on same schedule as mowing. Taking special care not to blow dirt and debris onto buildings B Egging 1 Edging of all accessible sidewalks, patios, and concrete /asphalt edges will be done every week and bed edges every other week. Edging will be done on an "as- needed" schedule during winter months 2. Dirt and debris from edging operations shall be removed and areas swept or blown clean, taking special care not to blow debris or dirt onto buildings. C Fertilization 1 Turf fertilization will provide the equivalent of four to six pounds of nitrogen per 1000 square feet per year in no less than four applications 2 Trees and shrubs will be fertilized twice yearly using granular fertilizer for bed plans and plant tabs for trees growing in turf. All fertilizers to be E P.A. approved 3 Lime will be applied to all turf areas at a rate of 50 pounds per 1000 square feet to control PH level 4 There will be fertilizer applications every two months during growing season Starting with the spring fertilizer in March. There will be four applications in a year, or on an as needed basis. D Weed Control 1 Control broad leaf weeds with selective herbicides as needed Herbicides to be E P A approved 2. Keep beds weed free on a rotations parcel basis by hand weeding with supplemental contact and pre - emergent herbicides as conditions permit Herbicides to be E.P A approved 3 Hand weed, till and rake planting beds each time contractor is on premises and will keep to a bed rotation schedule E. Insect Control 1. An insect control program to prevent minor infestations of turf grass insects will be provided on an "as needed basis " Major infestations such as "Cranefly" will be reported to owner 2 Hand spray trees and shrubs as needed to combat minor infestations Major infestations to be reported to owner 3 All sprays to be E P A approved. F Pruning 1 Prune trees to maintain desired shape, balance, and space limitations 2 Prune deciduous trees during winter dormancy Prune evergreen trees in early summer or as needed. 3 Trim shrubs to maintain desired shape and function as needed to provide a neat, trim appearance 4. Trees to be kept to a maximum height of 25 feet G. Bed Raking Beds will be raked where no ground cover exists to maintain a fresh appearance H Leaf Collection Leaves shall be removed from the site to maintain a neat and clean appearance I Litter Control and Inspection During each visit all areas will be inspected and all litter and debris and All improprieties will be reported to the owner /representative. J Irrigation Operation 1 All automatic irrigation controllers will be set to operate when most convenient. All controllers will also be adjusted for proper watering time to insure maximum turf and plant development 2 Sprinkler heads will be checked regularly during the growing season to maintain proper coverage and operation 3 Valves and valve boxes will be maintained for proper operation and accessibility. 4. Systems will be checked monthly to ensure watering efficiency until in rhythm with summer. Extra Services 1. Extra services, other than those services listed, may be required at various locations An estimate will be requested of the landscape services contractor to provide material and labor pricing for the additional services. All extra services will be negotiated and approved by the city's representatives or his /her designee, before additional work begins All extra services will be charged separately to the City of Bremerton from the regular landscape maintenance and services billing 2 Extra services may include a Irrigation repair b Irrigation system blowout and winterization c. Replacement of dead plantings d. Replacement of beauty bark or rock e. Removal of storm debris f. Power raking or thatching g Additional fertilization h Mayor insect infestation control i Pressure cleaning of rock areas Sub replacements k Landscape design Service Requirements: 1 Each location will be maintained and serviced as specified in the Scope of Work and Duties, as required 2 Landscape maintenance and services billing will be monthly and will be for individual locations A through E. 3 The City of Bremerton will have the option to add other locations to this contract, if needed, pending a mediated addendum and services contractors' content and ability to provide additional services 4 Supervisory duties are required quarterly to ensure control, employee performance and to advise owner of quality and required landscape services, changes or alterations 5 All landscape maintenance and services will be performed during normal work days and between the hours of 9 00 am to 6 00 pm, weekend work, holiday or extended hours of work will be allowed only by authorization of the city's representative. 6 All landscape maintenance and services will be performed to the level of industry standards and generally accepted landscape practices and procedures 7 The landscape contractor shall take precautions to prevent the possibility of injury or damage to any city employees, city property located at the service sites Service Requirements (continued): S. All requested estimates /invoices for any extra services will be at no additional charge to the City of Bremerton 9 It will be the service contractors' responsibility to ensure that all locations are secure at the end of work or at any time the site is left unattended by the contractor City Contract list: A. Chris Mottner, Inventory/Facilities Supervisor Phone (360) 473 -2316 Email c ht is mottn e ret , b - , .rno , tu n kr is B Colen Corey, Lead Facilities Service Specialist Phone (360) 473 -5335 Email cole - n (of oyCp(, 1),e r � top v,j _° is C Customer Response Dispatcher (24 hour message phone) Phone (360) 473 -5920 Term: A Services will be for a three (3) year period, beginning upon formal award of contract B An additional two (2), two (2) year extensions may be offered and negotiated by both parties, with rates adjusted to compensate for increases to cost of living rates C All service contract extensions are to be approved by the Public Works & Utilities Director, after annual review and evaluation Exhibit B BID PROPOSAL LANDSCAPE MAINTENANCE AND SERVICES City of Bremerton A Wastewater Lift Stations $ 700 oo Per Month B Eastside Treatment Plant $ 9Q Per Month C Police Department Facility $ 60.00 Per Month D UV Treatment Facility $ 1 ZD. 0 O Per Month E Public Works & Utility Operations $ 4e •Q0 Per Month GRAND TOTAL AMOUNT $ ZW5 Per Month *All Monthly costs are to not include Washington State sales tax Contractor 5, VCLri c lUQLnkna ?CL - f3ha4-on V r an dk- Firm Name S- V M6LUZknGLf a Address 4 31 1\(G-% alackL m. I A Bet a,uf 1 In A q 6526 Telephone Number Jbd - 7815 Fax 3b0 " 87L+- 1417 Employer's Identification Number T- I q 23004 Washington Industrial Insurance Number T51 5 51 D2. Washington State Excise Tax Registration Number (UBI) &01 65 Zto� Washington State Contractors Registration Number 5V.4P —[V Q ?q P3 Washington State Contractors Registration Expiration Date 5 1 2 - 3 / 2 - 01 4 City of Bremerton Business License Number 23,549 NOTE: Washington State prevailing wage rates may apply to this service contract For more information and State determinations go to or call (360) 902 -5335 I AGENDA BILL (o F CITY OF BREMERTON CITY COUNCIL ■■ �����������������������������������000MM00EE0nSaaKM0 SUBJECT Ordinance No 5214 providing Study Session Date April 10, 2013 for the issuance and sale of two bonds COUNCIL MEETING Date April 17, 2013 (Parking System and Golf Course), and Department Financial Services delegating authority to the Mayor or Director Presenter Becky Hasart of Financial Services to approve final terms Phone 360- 473 -5722 of the bonds SUMMARY The City currently has outstanding a bond note (short term line of credit with Bank of America) in the amount of $8,910,000 for the purpose of refunding a revenue bond that was originally issued to finance the cost of constructing and equipping the Harborside parking garage This line of credit was renewed in July 2011 for a two year term and is due July 29, 2013 The City can request an extension of the line of credit, but this would be temporary in nature and any related interest rates would be variable Tax exempt fixed rate limited tax general obligation (LTGO) bonding is currently at historic lows It is recommended that the City convert the line of credit to a fixed rate tax exempt LTGO bond Because the amount of this bond is below $10 million, this bond would be eligible to be "Bank - Qualified " The City currently also has outstanding a tax bearing, non -Bank Qualified, bond associated with our golf course in the amount of $5,058,000 Again, the non -Bank Qualified market interest rates are also at historic lows Although the golf bonds do not mature until December 31, 2028, it is recommended that the City refund these bonds to take advantage of the favorable interest rate market By doing so, it is estimated that the City can save over $562,000 during the life of this bond, dependent upon the actual interest rate that is set on the date of sale Because the golf bond is not eligible to be Bank Qualified, this amount does not affect the eligibility of the parking bonds The attached ordinance delegates to the Director of Financial Services the ability to set the date and rates for the final sale of both the parking bonds and the golf bonds The ordinance sets the parameters under which this can occur By doing this, the City can watch the market for any signs that the interest rates are starting to climb If that were to happen, we can move quickly without being tied to a date certain based on Council meeting schedules In addition, by timing both bonds for issuance at the same time, the City can realize some savings in its issuance costs (underwriting costs, legal costs, etc ) versus issuing these bonds on separate sale dates ATTACHMENTS Proposed Ordinance No 5214 providing for the issuance and sale of two series of LTGO bonds in the aggregate principal amount of not to exceed $14,500,000 and delegating authority to the Mayor or Director of Financial Services to approve final terms of the bonds Page 3 and 6 from the March 26, 2013 DA Davidson report to the Finance Committee FISCAL IMPACTS (Include Budgeted Amount) The following numbers are estimates Final amounts will be determined based on the interest rates set at time of sale and based on the bond rating issued by Moody's (rating call is scheduled for April 11 or 12) Estimates anticipate a total debt savings of over $562,000 over the life of the refunded golf bonds The present value of these savings in today's dollars would be approximately $421,087 (PV factor of 3 052 %) The refinanced bonds would not extend the life of the existing debt service, so debt service payments are within current budget authority For the parking bonds, there is no estimated "savings" as this issue does not replace an existing bond If the City did not refinance these bonds, we would have to either extend the line of credit (subject to a variable interest rate on the principal outstanding), or pay off the line of credit in full Anticipated annual payments are similar in size to what was budgeted for the 2013 payment STUDY SESSION AGENDA ❑ No Discussion Nx Full Presentation STUDY SESSION ACTION. Nx Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve Ordinance No 5214 of the City of Bremerton, Washington, providing for the issuance and sale of two series of limited tax general obligation bonds in the aggregate principal amount of not to exceed $14,500,000 for the purpose of currently refunding certain outstanding debt, and delegating authority to the Mayor or Director of Financial Services to approve the final terms of the bonds COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 CITY OF BREMERTON, WASHINGTON ORDINANCE NO 5214 AN ORDINANCE of the City of Bremerton, Washington, providing for the issuance and sale of two series of limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $14,500,000 for the purpose of currently refunding certain outstanding debt, and delegating authority to the Mayor or Director of Financial Services to approve the final terms of the bonds Passed April 17, 2013 This document prepared by Foster Pepper PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 (206) 447 -4400 512808523 TABLE OF CONTENTS Page Section 1 Definitions ... 1 Section 2 Recitals and Findings 3 Section 3 Debt Capacity ....... 4 Section 4 Purpose and Authorization of Bonds 4 Section 5 Description of Bonds 4 Section 6 Bond Registrar, Registration and Transfer of Bonds 5 Section 7 Form and Execution of Bonds 6 Section 8 Payment of Bonds 6 Section 9 Redemption Provisions and Open Market Purchase of Bonds 7 Section 10 Failure To Redeem Bonds 8 Section 11 Pledge of Taxes 8 Section 12 Tax Matters ...... .. ........ 9 Section 13. Refunding or Defeasance of the Bonds 9 Section 14 Bond Funds and Deposit of Bond Proceeds 10 Section 15 Undertaking to Provide Continuing Disclosure 10 Section 16 Sale of Bonds 13 Section 17 Official Statement 14 Section 18 Supplemental Ordinances 14 Section 19 General Authorization and Ratification 14 Section 20 Severabilrty 14 Section 21 Effective Date of Ordinance ... 15 512808523 CITY OF BREMERTON, WASHINGTON ORDINANCE NO 5214 AN ORDINANCE of the City of Bremerton, Washington, providing for the issuance and sale of two series of limited tax general obligation refunding bonds in the aggregate principal amount of not to exceed $14,500,000 for the purpose of currently refunding certain outstanding debt, and delegating authority to the Mayor or Director of Financial Services to approve the final terms of the bonds THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1 . Definitions As used in this ordinance, the following words shall have the following meanings "Authorized Denomination" means $5,000 or any integral multiple thereof within a maturity "Beneficial Owner" means the owner of any beneficial interests in the Bonds "Bond Counsel" means a firm of lawyers nationally recognized and accepted as bond counsel and so employed by the City for any purpose under this ordinance applicable to the use of that term "Bond Funds" means, together, the 2013A Bond Fund and the 2013B Bond Fund "Bond Purchase Contract" means an agreement between the City and the Underwriter providing for the purchase of the Bonds by the Underwriter "Bond Register" means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the Bonds "Bond Registrar" means the Fiscal Agent I "Bonds" means, together, the 2013A Bonds and the 2013B Bonds "City" means the City of Bremerton, Washington, a municipal corporation duly organized and existing under the laws of the State "City Council" means the governing body of the City, acting in its legislative capacity "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder i i i i "Designated Representative" means the officer or employee of the City appointed in Section 16 of this ordinance to serve as the City's designated representative in accordance with RCW 39.46 040(2) for purposes of accepting, on behalf of the City, an offer to purchase the Bonds on terms consistent with this ordinance and the parameters set forth herein. "DTC" means The Depository Trust Company, New York, New York "Fiscal Agent" means the fiscal agent of the State, as the same may be designated by the State from time to time "Issue Date" means the date of initial delivery of the Bonds to the Underwriter "Letter of Representations" means the Blanket Issuer Letter of Representations dated November 19, 1997, between the City and DTC, as it may be amended from time to time "MSRB" means the Municipal Securities Rulemakmg Board "Note" means the Limited Tax General Obligation Bond Anticipation Note, 2011, in the principal amount not to exceed $9,675,000, issued pursuant to the Note Ordinance "Note Fund" means the "Limited Tax General Obligation Bond Anticipation Note Fund" created by the Note Ordinance "Note Ordinance" means Ordinance No 5152 authorizing the issuance of the Note "Owners" means, without distinction, the Registered Owner(s) and the Beneficial Owner(s) "Registered Owner" means the person in whose name a Bond is registered on the Bond Register For so long as the City utilizes the book —entry system for the Bonds under the Letter of Representations, Registered Owner shall mean DTC "Revenues of the Golf Course" means all the earnings and revenue received by the Gold Mountain Golf Complex from any source whatsoever, except general ad valorem taxes, grants from the state or federal governments and bond proceeds "Revenues of the Parking Garage" means all the earnings and revenue received by the parking facility associated with the Kitsap Regional Conference Center from any source whatsoever, except general ad valorem taxes, grants from the state or federal governments and bond proceeds "Rule 15c2 -12" means Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended "SEC" means the United States Securities and Exchange Commission "State" means the State of Washington 2 512808523 "Term Bonds" mean those Bonds of any principal maturity that are subject to mandatory redemption or for which mandatory sinking fund payments are required "2009 Bond" means the City's Limited Tax General Obligation Bond, 2009 issued pursuant to the 2009 Bond Ordinance "2009 Bond Ordinance" means Ordinance No 5087 authorizing the issuance and purchase of the 2009 Bond "2013A Bond Fund" means the Limited Tax General Obligation Refunding Bond Fund, 2013A, created by this ordinance for the payment of the 2013A Bonds "2013A Bonds" means the Limited Tax General Obligation Refunding Bonds, 2013A, authorized to be issued by this ordinance "2013B Bond Fund" means the Limited Tax General Obligation Refunding Bond Fund, 2013B (Taxable), created by this ordinance for the payment of the 2013B Bonds "2013B Bonds" means the Limited Tax General Obligation Refunding Bonds, 2013B (Taxable), authorized to be issued by this ordinance "Undertaking" means the continuing disclosure agreement set forth in Section 15 of this ordinance "Underwriter" means D A Davidson & Co of Seattle, Washington Section 2 Recitals and Findings (a) Pursuant to the 2009 Bond Ordinance, the City issued and the Sewer Fund of the City purchased the 2009 Bond for the purpose of refunding certain limited tax general obligation bonds originally issued to finance certain improvements to the City's Mountain Golf Complex The 2009 Bond is currently outstanding in the principal amount of $5,058,000 and matures on December 31, 2028 The City reserved the right to prepay the Bond in whole or in part at any time (b) Pursuant to the Note Ordinance, the City issued the Note for the purpose of refunding certain revenue bonds originally issued to finance the costs of constructing and equipping a parking garage The Note is currently outstanding in the principal amount of $8,910,000 and matures on July 29, 2013 The City reserved the right to prepay the Note in whole or in part at any time by paying the principal amount thereof to be prepaid together with accrued interest to the date of prepayment (c) After due consideration, it appears to the City Council that the Note may be repaid by the issuance and sale of the 2013A Bonds The City Council also determines that the 2009 Bond may be prepaid by the issuance and sale of the 2013B Bonds (d) The City Council deems it to be in the best interests of the City to issue and sell the 2013A Bonds to pay the costs of repaying the Note and the costs of issuance and sale 3 512808523 of the 2013A Bonds, and to issue and sell the 2013B Bonds to pay the costs of prepaying the 2009 Bond and the costs of issuance and sale of the 2013B Bonds Section 3 Debt Capacity The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for the calendar year 2013 is $2,394,781,600 (a) As of March 1, 2013, the City had outstanding general indebtedness as follows (i) Limited tax general obligation bonds, notes and conditional sales contracts outstanding in the principal amount of $22,978,000, which is incurred within the limit of up to 1 /2% of the value of the taxable property within the City permitted for general municipal purposes (n) Unlimited tax general obligation bonds outstanding in the principal amount of $9,775,000 The debt described in this paragraph is incurred with the approval of the requisite number of the City's qualified voters, within the limit of up to 2 1 /2% of the value of the taxable property within the City for general municipal purposes (when combined with the outstanding limited tax general obligation indebtedness) (b) The maximum amount of indebtedness authorized by this ordinance is $14,500,000 and is issued within the limitation permitted for general municipal purposes without a vote Section 4 Purpose and Authorization of Bonds Pursuant to the parameters described in Section 16, the City is authorized to borrow money on the credit of the City and issue negotiable limited tax general obligation bonds evidencing that indebtedness in two series, in the aggregate principal amount of not to exceed $14,500,000 The 2013A Bonds shall be issued in the principal amount of not to exceed $9,150,000 for the purpose of repaying the Note and paying the costs of issuance of the 2013A Bonds The 2013B Bonds shall be issued in the principal amount of not to exceed $5,350,000 for the purpose of prepaying the 2009 Bond and paying the costs of issuance of the 2013B Bonds Section 5 Description of Bonds The 2013A Bonds shall be called the City of Bremerton, Washington, Limited Tax General Obligation Refunding Bonds, 2013A, and the 2013B Bonds shall be called the City of Bremerton, Washington, Limited Tax General Obligation Refunding Bonds, 2013B (Taxable) The Bonds shall be dated the Issue Date, shall be in Authorized Denominations, and shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification The Bonds shall bear interest (computed on the basis of a 360 -day year of twelve 30 -day months) payable semiannually to the maturity or earlier redemption of the Bonds, and shall mature in the years and amounts and bear interest at the rates per annum as shall be determined pursuant to Section 16 4 512808523 Section 6 Bond Registrar, Registration and Transfer of Bonds (a) Registration of Bonds The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register (b) Bond Registrar The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times The Bond Register shall contain the name and mailing address of the Registered Owner of each Bond and the principal amount and number of each of the Bonds held by each Registered Owner The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bonds The Bond Registrar may become either a Registered or Beneficial Owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Beneficial Owners Bonds surrendered to the Bond Registrar may be exchanged for Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same series, interest rate and maturity Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar Any exchange or transfer shall be without cost to the owner or transferee The Bond Registrar shall not be obligated to exchange or transfer any Bond during the 15 days preceding any principal payment or redemption date (c) DTC and the Book Entry System The Bonds initially shall be registered in the name of Cede & Co, as the nominee of DTC The Bonds so registered shall be held in fully immobilized form by DTC as depository in accordance with the provisions of the Letter of Representations Neither the City nor the Bond Registrar shall have any responsibility or obligation to DTC participants or the persons for whom they act as nominees with respect to the Bonds regarding accuracy of any records maintained by DTC or DTC participants of any amount in respect of principal of or interest on the Bonds, or any notice which is permitted or required to be given to Registered Owners hereunder (except such notice as is required to be given by the Bond Registrar to DTC) For as long as any Bonds are held in fully immobilized form, DTC, its nominee or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder and all references to Registered Owners, bondowners, bondholders or the like shall mean DTC or its nominee and, except for the purpose of the City's undertaking herein to provide continuing disclosure, shall not mean the Beneficial Owners. Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except (i) to any successor of DTC or its nominee, if that successor shall be qualified under any applicable laws to provide the services 5 512808523 proposed to be provided by it, (n) to any substitute depository appointed by the City or such substitute depository's successor, or (iii) to any person if the Bonds are no longer held in immobilized form Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository, or a determination by the City that it no longer wishes to continue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the City may appoint a substitute depository Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it If (i) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (n) the City determines that the Bonds are to be in certificated form, the ownership of Bonds may be transferred to any person as provided herein and the Bonds no longer shall be held in fully immobilized form Section 7 Form and Execution of Bond The Bonds shall be prepared in a form consistent with the provisions of this ordinance and State law and shall be signed by the Mayor and City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon Only Bonds bearing a Certificate of Authentication in the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance "Certificate Of Authentication This Bond is one of the fully registered City of Bremerton, Washington, Limited Tax General Obligation Refunding Bonds, 2013[A/B (Taxable)], described in the Bond Ordinance " The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance If any officer whose manual or facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her manual or facsimile signature are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the date of issuance of the Bonds Section 8 Payment of Bonds Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America For as long as the Bonds are registered in the name of DTC or its nominee, payment of principal of and interest on the Bonds shall be made in the manner set forth in the Letter of Representations If the Bonds cease to be in book - entry -only form, interest on the Bonds shall be paid by checks or drafts of the Bond Registrar mailed on the interest payment date to the Registered Owners at the addresses appearing on the Bond Register on the 15th day of the month preceding the interest payment date or by electronic transfer on the interest payment date The City shall not be required to make 6 512808523 electronic transfers except to a Registered Owner of Bonds pursuant to a request in writing (and at the sole expense of that Registered Owner) received at least 10 days before an interest payment date Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the Registered Owners to the Bond Registrar Section 9 Redemption Provisions and Open Market Purchase of Bonds (a) Optional Redemption The Designated Representative may designate certain maturities of the Bonds as being subject to redemption at the option of the City prior to their respective maturities at the prices set forth in the Bond Purchase Contract The Designated Representative may also designate certain maturities of each series of the Bonds as not being subject to redemption prior to maturity Notwithstanding the foregoing provisions of this subsection, if the final maturity of a series of Bonds is more than 10' /s years after the Issue Date, the Bonds of such series then outstanding shall be subject to optional redemption on at least one date that occurs less than 10' /z years after the Issue Date (b) Mandatory Redemption The Designated Representative may approve the designation of certain maturities of the Bonds as Term Bonds (c) Partial Redemptions Portions of the principal amount of any Bond, in any Authorized Denomination, may be redeemed If less than all of the principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same series, maturity and interest rate in any Authorized Denomination in the aggregate principal amount remaining unredeemed (d) Selection of Bonds for Redemption If fewer than all of the outstanding Bonds within a maturity are to be redeemed prior to maturity, Bonds shall be selected for redemption randomly within a maturity in such manner as the Bond Registrar shall determine Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, selection of Bonds for redemption shall be in accordance with the Letter of Representations (e) Notice of Redemption While the Bonds are held by DTC in book -entry only form, any notice of redemption shall be given at the time, to the entity and in the manner required by DTC in accordance with the Letter of Representations, and the Bond Registrar shall not be required to give any other notice of redemption If the Bonds cease to be in book -entry only form unless waived by any Registered Owner of the Bonds to be redeemed, the City shall cause notice of any intended redemption of Bonds to be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first -class mail, postage prepaid, to the Registered Owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the Registered or Beneficial Owner of any Bond In the case of an optional redemption, the notice may state that the City retains the right to rescind the redemption notice and the related optional redemption of Bonds by giving a notice 7 512808523 of rescission to the affected Registered Owners at any time prior to the scheduled optional redemption date Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB, consistent with the Undertaking, to any nationally recognized rating agency which at the time maintains a rating on the Bonds at the request of the City, and to such other persons and with such additional information as the Director of Financial Services shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds. (f) Effect of Redemption Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption, unless the notice of redemption is rescinded as set forth above (g) Open Market Purchase The City further reserves the right and option to purchase any or all of the Bonds in the open market at any time at any price acceptable to the City plus accrued interest to the date of purchase (h) Cancellation of Bonds All Bonds purchased or redeemed under this section shall be canceled Section 10 Failure To Redeem Bonds If any Bond is not redeemed when properly presented at its maturity or date set for redemption, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or date set for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Funds and the Bond has been called for payment by giving notice of that call to the Registered Owner Section 11 Pledge of Taxes (a) General Pledge For as long as any of the Bonds are outstanding, the City irrevocably pledges to include in its budget and levy taxes annually, within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City, on all of the taxable property within the City in an amount sufficient, together with other money legally available and to be used therefor, to pay when due the principal of and interest on the Bonds The full faith, credit and resources of the City are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest (b) Revenues of the Parking _System In addition to the pledge of property taxes, the City hereby pledges the Revenues of the Parking System to the payment of the 2013A Bonds (c) Revenues of the Golf Course In addition to the pledge of property taxes, the City hereby pledges the Revenues of the Golf Course to the payment of the 2013B Bonds 8 5!280852 3 Section 12 Tax Matters (a) Preservation of Tax Exemption for Interest on 2013A Bonds The City covenants that it will take all actions necessary to prevent interest on the 2013A Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the 2013A Bonds or other funds of the City treated as proceeds of the 2013A Bonds at any time during the term of the 2013A Bonds which will cause interest on the 2013A Bonds to be included in gross income for federal income tax purposes The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the 2013A Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the 2013A Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the 2013A Bonds from being included in gross income for federal income tax purposes (b) Designation of 2013A Bonds as "Qualified Tax - Exempt Obligations The City has determined and certifies that (a) the 2013A Bonds are not "private activity bonds" within the meaning of Section 141 of the Code, (b) the reasonably anticipated amount of tax - exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) which the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax - exempt obligations from the City, or that issues tax - exempt obligations on behalf of the City) will issue during the calendar year in which the 2013A Bonds are issued will not exceed $10,000,000, and (c) the amount of tax - exempt obligations, including the 2013A Bonds, designated by the City as "qualified tax - exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bonds are issued does not exceed $10,000,000 The City designates the 2013A Bonds as "qualified tax - exempt obligations" for the purposes of Section 265(b)(3) of the Code Section 13 Refunding or Defeasance of the Bonds The City may issue refunding bonds pursuant to the laws of the State or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then - outstanding Bonds (hereinafter collectively called the "defeased Bonds ") and to pay the costs of the refunding or defeasance If money and/or "government obligations" (as defined in chapter 39 53 RCW, as now or hereafter amended) maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or defease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of defeased Bonds (hereinafter called the "trust account "), then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void The Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds from the trust account. The City shall include in the refunding or defeasance plan such provisions as the City deems necessary for the random selection of any defeased Bonds that constitute less than all of a particular maturity of the Bonds, for notice of the defeasance to be given to the owners of the 9 512808523 defeased Bonds and to such other persons as the City shall determine, and for any required replacement of Bond certificates for defeased Bonds The defeased Bonds shall be deemed no longer outstanding, and the City may apply any money in any other fund or account established for the payment or redemption of the defeased Bonds to any lawful purposes as it shall determine If the Bonds are registered in the name of DTC or its nominee, notice of any defeasance of Bonds shall be given to DTC in the manner prescribed in the Letter of Representations for notices of redemption of Bonds Section 14 Bond Funds and Deposit of Bond Proceeds (a) 2013A Bond Fund The 2013A Bond Fund is hereby created and established in the office of the Director of Financial Services as a special fund designated the Limited Tax General Obligation Refunding Bond Fund, 2013A, for the purpose of paying principal of and interest on the 2013A Bonds All taxes, Revenues of the Parking Garage and other amounts allocated to the payment of the principal of and interest on the 2013A Bonds shall be deposited in the 2013A Bond Fund (b) 2013B Bond Fund The 2013B Bond Fund is hereby created and established in the office of the Director of Financial Services as a special fund designated the Limited Tax General Obligation Refunding Bond Fund, 2013B (Taxable), for the purpose of paying principal of and interest on the 2013E Bonds All taxes, Revenues of the Golf Course and other amounts allocated to the payment of the principal of and interest on the 2013B Bonds shall be deposited in the 2013B Bond Fund (c) 2013A Bond Proceeds Proceeds of the 2013A Bonds shall be deposited in the Note Fund and used on the Issue Date to repay the Note and pay the costs of issuing the 2013A Bonds Proceeds of the 2013A Bonds remaining after repayment of the Note and costs of issuing the 2013A Bonds shall be deposited in the 2013A Bond Fund and used to pay debt service on the 2013A Bonds (d) 2013B Bond Proceeds Proceeds of the 2013B Bonds shall be used on the Issue Date to prepay the 2009 Bond and pay the costs of issuing the 2013B Bonds Proceeds of the 2013B Bonds remaining after prepaying the 2009 Bond and costs of issuing the 2013B Bonds shall be deposited in the 2013B Bond Fund and used to pay debt service on the 2013B Bonds Section 15 Undertaking to Provide Continuing Disclosure To meet the requirements of paragraph (b)(5) of Rule 15c2 -12, as applicable to a participating underwriter for the Bonds, the City makes the following written Undertaking for the benefit of Beneficial Owners of the Bonds- (a) Undertaking to Provide Annual Financial Information and Notice of Listed Events The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB. 10 512808523 (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in subsection (b) of this section ( "annual financial information'), _ (n) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds (1) principal and interest payment delinquencies, (2) non- payment related defaults, if material, (3) unscheduled draws on debt service reserves reflecting financial difficulties, (4) unscheduled draws on credit enhancements reflecting financial difficulties, (5) substitution of credit or liquidity providers, or their failure to perform, (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 — TEB) or other material notices or determinations with respect to the tax status of the Bonds, (7) modifications to rights of holders of the Bonds, if material, (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers, (9) defeasances, (10) release, substitution, or sale of property securing repayment of the Bonds, if material, (11) rating changes, (12) bankruptcy, insolvency, receivership or similar event of the City, as such "Bankruptcy Events" are defined in Rule 15c2 -12, (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material, and (14) appointment of a successor or additional trustee or the change of name of a trustee, if material (iii) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in subsection (b) of this section. (b) Type of Annual Financial Information Undertaken to be Provided The annual financial information that the City undertakes to provide in subsection (a) of this section (1) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicable to State local governmental units such as the City, as such principles may be changed from time to time, which statements shall not be audited, except, however, that if and when audited financial statements are otherwise prepared and available to the City they will be provided, (2) outstanding general obligation bonds; (3) assessed valuation for the fiscal year, (4) regular property tax levy rate and regular property tax levy rate limit for the fiscal year, and (5) general fund revenues from other mayor tax sources, (u) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending 11 512808523 December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, 2013, and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC (c) Amendment of Undertaking The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, rating agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2 -12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided (d) Beneficiaries The Undertaking evidenced by this section shall inure to the benefit of the City and any Beneficial Owner of Bonds, and shall not inure to the benefit of or create any rights in any other person (e) Termination of Undertaking The City's obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds In addition, the City's obligations under this Undertaking shall terminate if those provisions of Rule 15c2 -12 which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of nationally recognized bond counsel or other counsel familiar with federal securities laws delivered to the City, and the City provides timely notice of such termination to the MSRB (f) Remedy for Failure to Comply with Undertaking As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected No failure by the City or other obligated person to comply with the Undertaking shall constitute a default in respect of the Bonds The sole remedy of any Beneficial Owner of a Bond shall be to take such actions as that Beneficial Owner deems necessary, including seeking an order of specific performance from an appropriate court, to compel the City or other obligated person to comply with the Undertaking (g) Designation of Official Responsible to Administer Undertaking The Director of Financial Services of the City (or such other officer of the City who may in the future perform the duties of that office) or his or her designee is authorized and directed in his or her discretion to take such further actions as may be necessary, appropriate or convenient to carry out the Undertaking of the City in respect of the Bonds set forth in this section and in accordance with Rule 15c2 -12, including, without limitation, the following actions (i) Preparing and filing the annual financial information undertaken to be provided, 12 512808523 (ii) Determining whether any event specified in subsection (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence, (iii) Determining whether any person other than the City is an "obligated person" within the meaning of Rule 15c2 -12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person in accordance with Rule 15c2 -12, (iv) Selecting, engaging and compensating designated agents and consultants, including but not limited to financial advisors and legal counsel, to assist and advise the City in carrying out the Undertaking; and (v) Effecting any necessary amendment of the Undertaking Section 16 Sale of Bonds The City Council has determined that it is in the best interest of the City to appoint the Mayor and the Director of Financial Services as the Designated Representative, both with individual authority to approve the final principal amount, dates, denominations, interest rates, payment dates, maturity dates, and redemption provisions of the Bonds, in the manner provided herein, provided that (a) The aggregate principal amount of the 2013A Bonds shall not exceed $9,150,000 and the aggregate principal amount of the 2013B Bonds shall not exceed $5,350,000 (b) One or more rates of interest may be fixed for the Bonds, and no rate of interest for any maturity of the Bonds may exceed 5 00% (c) The combined true interest cost to the City may not exceed 4 40% for the 2013A Bonds or 4 15% for the 2013B Bonds (d) The purchase price for each series of Bonds may not be less than 98% (e) The Bonds shall be issued subject to optional and mandatory redemption provisions, including designation of Term Bonds, if any, set forth in Section 9 (f) The Bonds shall be dated as of the date of their delivery, which date and time for the issuance and delivery of the Bonds is not later than December 31, 2013 (g) Interest shall be payable at fixed rates semiannually on each June 1 and December 1 and principal shall be payable semiannually (h) The final maturity of the 2013A Bonds shall not be later than December 1, 2036, and the final maturity of the 2013B Bonds shall not be later than December 1, 2028 (i) The Designated Representative is also authorized to take such additional action as may be necessary or convenient for carrying out the repayment of the Note, the prepayment of the 2009 Bond and issuing the Bonds pursuant to the terms of this ordinance 13 512808523 It is anticipated that the Underwriter will present the Bond Purchase Contract to the City offering to purchase the Bonds Pursuant to the terms of RCW 39 46.040(2), the Designated Representative is hereby authorized to serve as the designated representative of the City and to accept, on behalf of the City, the Bond Purchase Contract consistent with the terms of this ordinance The Bonds will be prepared at City expense and will be delivered to the Underwriter in accordance with the Bond Purchase Contract, with the approving legal opinion of Bond Counsel regarding the Bonds Section 17 Official Statement For the sole purpose of the Underwriter's compliance with paragraph (b)(1) of Rule 15c2 -12, the City authorizes the Designated Representative to "deem final" a preliminary official statement as of its date, except for the omission of information permitted to be omitted by Rule 15c2 -12 and ratifies the distribution by the Underwriter of that preliminary official statement to potential purchasers of the Bonds In addition, the City authorizes and approves the preparation, execution by the Designated Representative and delivery to the Underwriter of a final official statement for the Bonds, in the form of the preliminary official statement, with such modifications and amendments thereto as shall be deemed necessary or desirable by the City The City authorizes the Designated Representative to approve the distribution by the Underwriter of that final official statement to potential purchasers and purchasers of the Bonds Section 18 Supplemental Ordinances The City Council from time to time and at any time may pass an ordinance or ordinances supplemental to this ordinance which supplemental ordinance or ordinances thereafter shall become a part of this ordinance, for any one or more of the following purposes (a) To add covenants and agreements that do not adversely affect the interests of the holders and owners of the Bonds, or to surrender any right or power reserved to or conferred upon the City (b) To cure any ambiguities or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the holders and owners of the Bonds Section 19 General Authorization and Ratification The Designated Representative and other appropriate officers of the City and other appropriate officers of the City are severally authorized and directed to take any actions and to execute documents as in their judgment may be necessary or desirable to carry out the terms of, and complete the transactions contemplated by, this ordinance and the Bond Purchase Contract (including everything necessary for the prompt delivery of the Bonds to the Underwriter and for the proper application, use and investment of the proceeds of the sale thereof), and all actions heretofore taken in furtherance thereof and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 20 Severability The provisions of this ordinance are declared to be separate and severable If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as 14 512808523 to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable Section 21 Effective Date of Ordinance This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law PASSED by the City Council and APPROVED by the Mayor of the City of Bremerton, Washington, at an open public meeting thereof, this 17 day of April, 2013 CITY OF BREMERTON, WASHINGTON Mayor ATTEST City Clerk APPROVED AS TO FORM City Attorney 15 512808523 CERTIFICATION I, the undersigned, City Clerk of the City of Bremerton, Washington (the "City "), hereby certify as follows 1 The attached copy of Ordinance No 5214 (the "Ordinance ") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on April 17, 2013, as that ordinance appears on the minute book of the City, and the Ordinance will be in full force and effect five days after publication in the City's official newspaper, and 2 A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2013 CITY OF BREMERTON, WASHINGTON City Clerk SAVINGS �} City of Bremerton (Golfcourse) ± LTGO Refunding Bonds, 2013 (ref 09) s A1, Taxable F Present Value Prior Refunding to 06/03/2013 P� Date Debt Service Debt Service Sax mgs a. 3 0520682% $) 12/31/2013 282,03000 260,275 81 21,754 19 20,730 38 12131/2014 398,120 00 361,180 00 36,940 00 33,389 25 12/31 /2015 410,12000 374,73100 35,38900 30,93713 12131 0-016 448,985 00 412,893 50 36,091 50 30,570 50 12/31 /2017 462,960 00 424,844 00 38 11600 31,414 79 MCI 12/31/2018 470,810 00 435,61400 35,196 00 28,015 75 12/31/2019 470,760 00 435,385 00 35,375 00 27,359 78 12/31/2020 471,125 00 433 697 00 37,428 00 28,219 48 12/31/2021 470,860 00 435,929 50 34,930 50 25,492 95 3 12/31/2022 470,965 00 431,985 00 38,980 00 27,820 74 12/31/2023 471,395 00 437,057 00 34,338 00 23,667 07 12/31/2024 471,105 00 435,981 00 35,124 00 23,576 02 12/31/2025 471,095 00 433,863 00 37,232 00 24,379 76 12/31/2026 471,320 00 435,850 50 35,469 50 22,546 82 12/31/2027 471,735 00 436,732 50 35,002 50 21,641 82 12/31/2028 471,295 00 436,464 00 34,831 00 20,96241 7,184,680 00 6 622,482 81 562,197 19 420,724 67 ^ Savings Summary PV of savings from cash flow 420,724 67 Plus Refunding funds on hand 36225 Net PV Sax tngs 421,086 92 D- D D D x 13 Mar 26 2013 12 25 pin Prepared by D A Davidson & Co (Finance 7 003 BREMRTON BREMGOLF- REF09,REF09) Page 3 1 y , BOND DEBT SERVICE ° City of Bremerton Fixed Rate Parking Refunding I TGO Bonds, 2013 (out to 2036) Assummg'AI' Rating Period m Ending Principal Coupon Interest Debt Service 12/01/2013 155,000 2000% 155,698 40 310,698 40 12/01/2014 200,000 2000% 281,425 00 481,425 00 12/01/2015 215,000 2000% 277,425 00 492,425 00 12/01/2016 230,000 2 000 273,125 00 503,125 00 12/01/2017 240,000 2000% 268,525 00 508,525 00 12!01/2018 255,000 2000% 263,725 00 518,725 00 12/01/2019 275,000 2000% 258,625 00 533,625 00 12/01/2020 290,000 3000% 253,125 00 543,125 00 12/01 /2021 310,000 3000% 244,425 00 554,425 00 12/01/2022 330,000 3000% 235,125 00 565,125 00 12/01/2023 350,000 3000% 225,22500 575,225 00 12/01 /2024 370,000 3125% 214,725 00 584,725 00 12/01/2025 395,000 3250% 203,162 50 598,162 50 12/01/2026 410,000 3500% 190,325 00 600,325 00 12/01/2027 420,000 3500% 175,975 00 595,975 00 12/0112028 435,000 3250% 161,275 00 596,27500 12/01/2029 450,000 3 500 0 /'0 147,137 50 597,137 50 12 /01 /2030 465,000 3500% 131,387 50 596,387 50 12/01/2031 485,000 3500% 115,112 50 600,112 50 12/01/2032 500,000 3 500% 98,137 50 598,137 50 12/01 /2033 520,000 3 500% 80,637 50 600,637 50 12/01/2034 535,000 3 750% 62,43751) 597,437 50 12/01,2035 555,000 3 750 0, 0 42,375 00 597,375 00 12/01 12036 575,000 3 750 21,562 50 596,562 50 8,965,000 4,380,698 40 13,345,698 40 E Q D D D D D } Mar 26, 2013 12 29 pm Prepared by D A Davidson & Co (Finance 7 003 BREMRTON PARK -2013) Page 6 1"� AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr�rrrrrrrrrrrrrrrr SUBJECT Collective Bargaining Closed Session Date April 10, 2013 Agreement between the City of Bremerton COUNCIL MEETING Date April 17, 2013 and International Association of Fire Fighters Department Human Resources /Fire (IAFF) Local 437 (Fire) Presenter Becky Hasart/Al Duke Phone 360- 473 -5722 SUMMARY: Negotiations have concluded between representatives of the City and the International Association of Fire Fighters Local 437 resulting in the attached tentative Collective Bargaining Agreement (CBA) and Memorandum of Understanding (MOU) These negotiations have been discussed with Council in closed exempt session The new CBA covers the period of January 1, 2013 through December 31, 2015, with an MOU reopener to discuss wages, benefits, and vacation accruals only for years 2014 and 2015 For 2013, there is no wage adjustment to salaries and no changes to current benefit levels At the time this agenda bill was created, the IAFF Local 437 members are voting on the attached contract and MOU for ratification If ratified by the IAFF Local 437, Council approval is required for implementation ATTACHMENTS Proposed CBA between the City of Bremerton and IAFF Local 437 and Memorandum of Understanding regarding the June 2013 reopener FISCAL IMPACTS (Include Budgeted Amount) There are no changes to current pay scales or benefit levels for 2013, so there are no fiscal impacts for budget year 2013 STUDY SESSION AGENDA ❑ No Discussion 0 Full Presentation STUDY SESSION ACTION 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION Move to approve the Collective Bargaining Agreement by and between the City of Bremerton and International Association of Fire Fighters Local 437 for the period January 1, 2013 through December 31, 2015 along with the related memorandum of understanding regarding the June reopener for wages, benefits and vacation accrual only and authorize the Mayor to finalize and execute the agreement and MOU with substantially the same terms and conditions as presented COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 TABLE OF CONTENTS TO THE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 JANUARY 1, 20132 THROUGH DECEMBER 31, 20152 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 13 ARTICLE 9 HOLIDAYS. 16 ARTICLE 10 SICK LEAVE AND INDUSTRIAL DISABILITY 17 ARTICLE 11 OTHER LEAVE .. ..22 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 1 of 42 A RTICLE ICLE 2 rz ¢' BENEFITS ... 72 \ 1 ARTICLE 1 INSURANCE BENEFITS.. ... .. .. .... .. 24 ARTICLE 134 CLOTHING AND UNIFORM CLEANING ALLOWANCE.. 25 ARTICLE 146 PERSONNEL PRACTICES ... .. .. 25 ARTICLE 156 PROMOTIONAL EXAMS....... .. ....... ... 28-7 ARTICLE 167- GRIEVANCE PROCEDURE 310 I ARTICLE 179 REGIONAL FIRE AUTHORITY. 332- ARTICLE 183 DRUGFREE WORKPLACE .332 I ARTICLE 192-0 LABOR MANAGEMENT COMMITTEE 38-7 I ARTICLE 204- PHYSICAL FITNESS PROGRAM.. 33-7 ARTICLE 21-2 TOBACCO FREE WORKPLACE 399 I ARTICLE 22-3 DISCIPLINARY ACTION 339 I ARTICLE 234 SEVERABILITY 339 ARTICLE 24-✓ ENTIRE AGREEMENT .399 ARTICLE 256 TERM .... .. ...... .. ...39 APPENDIX A PAY SCHEDULE COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 ( ` January 1, 20132 to December 31, 2015. \ Page 2 of 42 i COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF BREMERTON AND INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 437 January 1, 20 2013 through December 31, 203 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 - DISCRIMNATION 11 NON-DISCRIMINATORY APPLICATION: The provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation, sexual orientation, mental, physical or sensory disability, unless based upon a bona fide occupational qualification 12 DISCRIlVIINATION 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 13 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 3 of 42 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 21 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 ARTICLE 3 UNION DUES 3 1 DUES DEDUCTIONS: The City will deduct monthly Union dues and initiation fees uniformly required of union membership from the pay or those employees covered by this Agreement Where laws require written authorization of the employee the same shall be furnished in the form required by payroll No deduction shall be made which is prohibited by applicable law wile 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 I the total amount of deductions to the T- Feasumr - e f t he -1 nion monthiv The union shall refund to the City any amounts paid to it in error upon written notification from the City 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 exercises his/her right of non - association pursuant to RCW 41 56 122 feflases to jem dhe Union shall contribute an amount equivalent to regular Union dues and initiation fees to a non - religious charity or to a religious organization mutually agreed to by the Union and the employee The employee shall provide written evidence to the Union that such contributions have been made 34 INDEMNIFICATION: The Union shall indemnify defend, and hold the City harmless from any and all liability claims, and suits initiated against the City resulting from the administration of this Article 35 UNION NOTIFICATION Within thirty (30) days or as soon as possible from the date of hire of a new eligible employee, the City shall forward to the Union the name address and telephone number of the new employee The City shall promptly notify the Union of any Union employee leaving its employment ARTICLE 4 UNION ACCESS COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 4 of 42 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, subject to the conditions of Article 4 1, 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 TE%IE: A Union member in the bargaining unit will be granted leave time while attending Union associated conventions, seminars, meetings, provided (1) he or she notifies the Chief or his/her designee in writing at least forty-eight (48) hours prior to the time off, (2) the Fire Chief or his/her designee determines it has sufficient employees available to staff the department during this time off, and (3) an employee called in to replace another employee, who is off on Union business, will receive straight time and/or overtime pay as required by this agreement A Union member who has been granted leave to attend Union business may use any accumulated compensatory or annual leave in his/her bank for this time off The FiFe Chief er- desipee shall gFmt the sw (6) primeiy Union offleer-s time i A Vp T2: a el G -A-a f f e R ee ( We er- des 43 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 1 St 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 unit with prior written approval of the Union President, Vice President or then 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 5 of 42 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 5 1 Effective January 1, 20134 -, wages shall be as identified in Appendix A, which reflects ai�no increase over 2012 rates 2009 te june 2010, with a min-m-a-m el-:2 aad a maximufn ef§94- 52 When applicable, t 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, 20132 to December 31, 20152 Page 6 of 42 53 PAY DIFFERENTIALS I Effective 1- 1- 2W2013 Pay Differential Shift Non -Shift Firefighter @ Step 1 70% - Firefighter @ Step 2 75% - Firefighter @ Step 3 85% - Firefighter @ Step 4 90% y � - Firefighter @ Step 5 100% � - FF Mechanic or SCBA 104% ( - Firefighter Paramedic 1125% I - FF/Paramedic Continuous 10+ yrs 115% - FF/Fire Prevention - 115% Lieutenant 115% 121% Captain - Station 124% - Captain - Shift - - Fire Marshal - 130% Medical Officer Captain 124% r 130% Battalion Chief - Training - 142% Battalion Chief - Shift 136% 1 - Appendix "A" for Firefighter/Paramedic includes a sixth (6`h) 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 54 The longevity schedule for members of the bargaining unit shall be as follows Completion of 5 years in service = 125% Completion of 10 years in service = 25% Completion of 15 years in service = 375% Completion of 20 years in service = 5% Completion of 25 years in service = 65% Completion of 30 years in service = 8% 55 Advancement through the pay rates from the First Step through the Final Step or the pay range will occur upon completion of the prescribed number of full year(s) of continuous employment since the employee's last pay placement, provided, however that the employee's overall rating on his/her annual evaluation "Meets Expectations" or "Exceeds Expectations" The City may withhold a step increase for work performance that does not "meet expectations" A step increase may be withheld for a maximum of twelve (12) months, during which time the employee will receive monthly evaluations The employee's immediate supervisor will notify the employee in writing of expected failure to meet expectations at least thirty (30) days prior to the due date of the work performance evaluation. If such notice is not provided the step increase will not be withheld The withholding of a step increase will not change the employee's current anniversary COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 2015.2 Page 7 of 42 step date for pay purposes In the event that the employee "meets expectations" at one of the monthly evaluations during the subsequent 12 months, they will receive a step Increase effective as of the due date of that monthly evaluation It shall be understood that the increase will not be applied retroactively to the month(s) in which the employee received a rating below "meets expectations" The denial of a step Increase is subject to the grievance procedure In the event an employee is on approved leave of absence without pay, the employee's next wage step Increase advancement date will be extended by the actual number of days the employee was absent on such leave 5 6 A new employee shall be hired at the first year step, however, a new employee who 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 5 7 A Firefighter /Paramedic with no experience shall be hired at the first year step A Firefighter/Paramedic with one (1) year minimum paid fire experience shall be hired at the second year step, with their third year step in six (6) months, solely at the discretion of the Fire Chief 5 8 A Firefighter /EMT with no experience shall be hired at the first step year A Firefighter/EMT with one (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 9 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 10 EQUIPMENT MAINTENANCE OR SELF - CONTAINED BREATHING APPARATUS (SCBA) MAINTENANCE: An employee who is assigned to perform either equipment maintenance work or SCBA maintenance work shall be compensated at the Firefighter/Equipment Maintenance pay rate listed In Appendix A for the duration of the assignment 5 11 ACTING OFFICERS: An employee who serves as an Acting Officer during a twenty -four (24) hour shift shall be compensated as outlined in section 5 12 below In order to be eligible to serve as an Acting 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 Battalion 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 The use of Acting Officers will not be used as permanent alternative to hiring a full complement of officers All other acting provisions apply There will be no Acting Station Captain COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 j January 1, 20132 to December 31, 20152 \ Page 8 of 42 5 12 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 13 All newly hired employees will utilize automatic deposit of their paychecks during their term of employment with the City 5 14 DEFERRED COMPENSATION 5 141 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 5 142 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 5 143 LEOFF II bargaining unit members who are a minimum of 45 years of age and have completed 15 or more years of service with the City will no longer be required to make a matching contribution, and may elect to have all or part of the City's maximum contribution converted into longevity in lieu of Deferred Compensation 5 144 CONVERSION TO LONGEVITY: Employees may elect, by notifying the City in writing on an annual basis, that they wish to convert all or a portion of the City's contribution to their deferred compensation to longevity Such conversion shall only be permitted in one -half percent (1/2 %) increments Once an employee has selected to make the conversion from deferred compensation to longevity, they will not be permitted to make any changes whatsoever to the percentage converted, for a full 12 -month period ARTICLE 6 HOURS OF WORK 61 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 Employees mU work an alternate work schedule with mutual agreement between the employee and the Fire Chief COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 -- January 1, 20133 to December 31, 20153 Page 9 of 42 63 SHIFT WORK SCHEDULES: On or about January 1 ' 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 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 661 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 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 662 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 663 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 66 1) COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 10 of 42 664 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 Battalion Chief Such exchanges shall not impact the department financially 665 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, ,fury 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 15 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 666 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 mmultiple 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 traimng, 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 72 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 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 periods The result shall be divided by 2,080 hours for non -shift employees COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 11 of 42 75 CALL BACK OVERTIME: In the event an employee who has left the work place is called back to duty for a period of time which is less than two (2) hours, the employee shall receive a minimum of two (2) hours of overtime compensation 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 INSPECTOR: An employee who is assigned to serve as On Call Fire Inspector shall receive 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 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 TIME USAGE: An employee desiring to utilize accrued compensatory time shall be required to complete and file a Leave Request form requesting Compensatory leave with the Shift Battalion Chief or 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 pnor to the holiday, a lottery will be held among the employees who have submitted a Leave Request for usage of compensatory time for the holiday It shall be understood that no more than a full 24 hours aggregate of compensatory leave shall be permitted per shift, regardless of the number of I employees taking time that shift Compensatory time shall be taken in a minimum of a four 4 eight (8) hour block for the first eight (8-)four 4 hours of compensatory time 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20134 to December 31, 2015.2 Page 12 of 42 711 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 I minimum One (1) Battalion Chief /Acting Battalion Chief, GaptaipAteweRsRtshketmg Gap taiaA6ieu hree (3) Company Officers or Actin Com_pany Officers, and three (3) Paramedics with a total of thirteen (13) on duty each day as a minimum 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 Firefighters 3 Firefighter /S.0 B A 3 Firefi ter/E 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 Specifically note the number of officer , bt A46ting Lt , paramedics and firefighters scheduled to work 7 12 2 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 12 4 The Battalion Chief/Acting Battalion Chief shall personally contact an employee with an offer of overtime work, and the contact shall be noted on the overtime program, which shall be used to maintain records of calls made and responses received 7 12 5 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20133 to December 31, 20153 Page 13 of 42 7 12 6 The Battalion Chief/Acting Battalion Chief 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 7.127 Overtime duration in length of less *aft -four (4) hours or less shall be assigned at the discretion of the Battalion Chief or Acting Battalion Chief 7 12 8 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 (# of eligible employees X 0 75= relative position on the overtime roster) 7 12 9 In the event no one accepts the overtime assignment, the Battalion Chief /Acting Battalion Chief 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 /Acting Battalion Chief 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 713 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 working Christmas, and Union officials performing Union functions in which they can only receive FLSA "Exempt Compensatory" time All overtime slips for shift personnel shall be routed through the Battalion Chief office and placed on the daily and overtime rosters The overtime list will be reset on January 1 St of each calendar year 714 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 14 of 42 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 employees Hire — 5 yrs 4 375 hrs 105 hours 88 hours 192 hours 6 099 hours 146 hours 88 hours 234 hours 6'— 10 5 666 hrs 136 hours 1 88 hours 1 224 hours 7 933 hours 190 hours 88 hours 1 278 hours I 1 — 15 yr 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 1 88 hours 294 hours 12 040 hours 289 hours 88 hours 1 377 hours 21' yrs or> 8 917 hrs 214 hours 1 88 hours 302 hours 13 000 hours 312 hours 88 hours 1 400 hours 82 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 MINIMUM 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 85 MINIMUM VACATION REQUESTS — SAME DAY REQUESTS: After the 1 St hour, "Same day" vacation leave shall be recorded as actual time taken Full shift requests shall have priority over partial shift requests for e*-same day vacation leave Same day requests for vacation leave will not be granted if the shift is at a minimum staffing level All on -duty personnel will be notified prior to granting same day vacation Employees at or above the maximum vacation balance will have first pnonty If multiple employees have the maximum vacation hours, all shall be selected b lottery If no members are at the maximum hours, all shall be selected by lottery 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 TI LING OF VACATION LEAVE SELECTION: Vacation selections will begin December 1 St by seniority, for the following calendar year Upon being personally contacted, the employee COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20133 to December 31, 20153 Page 15 of 42 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 yeeF 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 Employees shall not cancel their first or second vacation selection except in cases where the employee does not have enough vacation and/or compensatory time to cover the scheduled time off In no instance shall an employee take leave without pay for scheduled vacation 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, -effly-if4eth4he Employees at or above the maximum balance will have first pnonty If multiple employees have the maximum vacation hours, all shall be selected by lottery If no members are at the maximum hours all shall be selected b l�iY 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 /"ry Continuous Employment Maximum Balance Maximum Balance 0 through Five (5) years 160 hours 210 hours More than Five (5) years 240 hours 315 hours 810 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 tune 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 I' 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 8 11 SCHEDULE CHANGE BALANCE ADJUSTMENT: 8 11 1 NON -SHIFT TO SHIFT: In the event an employee's normal hours of work are changed from a non -shift schedule to a shift schedule, the employee's accrued vacation COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 2015-2 Page 16 of 42 I hours —upon the date of change shall be Increased as follows Accrued Hours X 1 313 = 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 during the 1 St half of each year (January 1 St 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 °d - 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 91 HOLIDAYS OBSERVED: The following holidays shall be observed by the City New Year's Day Labor Day Martin Luther King's Birthday Veteran's Day President's Day Thanksgiving Day Memorial Day Day After Thanksgiving Independence Day Christmas 9 2 OTHER HOLIDAYS: In addition, any other holiday proclaimed by the federal or state government, provided that the City takes official action to have such holiday also observed by the City 93 FLOATING HOLIDAY: Each non -shift 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 95 HOLIDAY COMPENSATION – SHIFT PERSONNEL: Shift personnel shall receive 3 666 hours added to their vacation leave accrual rate per pay period In lieu of all holidays Accumulation and taking time off in lieu of holidays shall be accomplished In accordance with the vacation leave provisions set forth in Article 8 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2013-2 to December 31, 20152 Page 17 of 42 96 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 97 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 0 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 10 1 SICK LEAVE ACCRUAL: 101 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 1012 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 1021 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 mjury 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 1022 CRITERIA FOR APPROVAL: A request for donations of vacation leave shall be submitted to the requesting employee's Department Head accompanied by medical documentation verifying the medical condition requiring the need for leave, and the time period during which the employee can reasonably be expected to be absent from work due to the condition Upon verifying that the requesting employee meets all of the eligibility requirements above and upon determining that the medical documentation COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 18 of 42 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 1023 NOTIFICATION: Upon approval by the Mayor, all City employees shall be notified of the approved request for donation of leave 1024 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 1025 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 1026 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 MAXI IUM SICK LEAVE ACCRUAL: 10 3 1 NON -SHIFT EMPLOYEES: Non -shift personnel shall be allowed to accrue sick leave I up to a maximum of one thousand one hundred sixty six ,1166) hours COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 19 of 42 10 3 2 SHIFT EMPLOYEES: Shift personnel shall be allowed to accrue sick leave up to a maximum of fourteen hundred and forty (1440) hours 10 4 SICK LEAVE INCENTIVE: 1041 NON -SHIFT PERSONNEL: Any non - probationary employee covered under this Agreement who does not utilize his/her sick leave benefit from January I' 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 St , and, any non - probationary employee who does not utilize his/her sick leave benefit from July l' through December 31' shall have their vacation leave balance credited with eight (8) additional hours on the pay period ending January 31 1042 SHIFT EMPLOYEE: Any non - probationary shift employee covered under this Agreement who does not utilize his/her sick leave benefit from January 1 St through June 3& in a calendar year shall have their vacation leave balance credited with eleven point two (11 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 0 through December 31" shall have their vacation leave balance credited with eleven point two (11 2) additional hours on the pay period ending January 31 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 1051 NON- SE11FT PERSONNEL: Thirty-five percent (35 %) of the employee's accrued and I unused sick leave hours to a maximum of 35% of 969 - 1166 hours (a maximum total of 336 - 408 hours) will be paid to the employee at the employee's regular hourly wage rate in effect at the time of retirement 1052 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 1053 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 H 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, 20132 to December 31, 2015. Page 20 of 42 1054 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 lI bargaining unit member, and the employee shall contribute $45 00 for a total of $75 00 106 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 tune 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 prior 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 1072 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 1073 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment 1074 Upon the both or adoption of a child, an employee may use accrued sick leave and/or vacation leave pursuant to FMLA 1075 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 1076 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 bath 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, 20132- to December 31, 2015.2 Page 21 of 42 10 7 8 Eligibility shall be governed by the provisions set forth in Federal or State laws, as currently written or hereinafter amended 10 8 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 I 10 8 1 ROUTINE APPOINTMENTS: 10 8 1 1 ANTICIPATED ABSENCE: An employee who schedules a routine medical, dental or oculist appointment shall make every reasonable effort to schedule such an appointment on their off duty days The employee shall give at least seventy - two (72) hours prior notice of the date and time of the appointment to his or her immediate supervisor An employee's immediate supervisor may request that the employee reschedule routine appointments when, in the judgment of the supervisor, the scheduled absence of the employee would unduly interfere with the operations of the Department An immediate supervisor shall not unreasonably deny an employee sick leave with pay for routine medical, dental or oculist appointments 10 8 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 injured during the employee's paid vacation or compensatory time off may request the conversion of such paid leave to sick leave with pay by promptly notifying the Department of the illness or injury at the time of the illness or injury, or as soon as is reasonably feasible and providing such information as is required by the Department to verify the appropriateness of such a conversion 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 l January 1, 2013.2 to December 31, 20151 t Page 22 of 42 �I a Fitness for Duty certification by a professional physician that the employee is sufficiently i 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 1010 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 1011 INDUSTRIAL DISABILITY LEAVE FOR LEOFF H AND REGULAR EMPLOYEES: A regular employee who qualifies for and is included in the Washington State Retirement System commonly referred to as " LEOFF 11', and who incurs a work - related illness or injury shall be allowed to use accrued sick leave to supplement Workers' Compensation benefits so as to provide the same Boss base pay he or she would have received for full time active service In no event will the combination of Workers' Compensation and employee sick leave exceed 100% of an employee's regular rate of pay at any time of the disability penod pr-e.Vided with gush 1012 SEQUENCING OF LEAVES: The use of vacation leave compensatory time and leave without pap for purposes other than qualifying use under the Washington Family Care Act is subject to approval by management However unless otherwise required by law, forms of leave shall be used and exhausted in the following sequence a Sick leave for qualifying incidents until it is exhausted b Vacation leave, floating holiday and/or compensatory time sequenced at the employee's option, until they are exhausted: c Any donated leave if available until it is exhausted then d. Leave without pay 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 23 of 42 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 112 JURY DUTY AND WITNESS DUTY: An employee shall be granted leave of absence with pay for the purpose of reporting to Jury duty or serving as a witness in a case relating to their Job with the City, except in those instances where the employee is taking action against the City Any Juror or witness fees received by the employee for the performance of such duties shall be assigned to the City 11 2 1 CITY NOTIFICATION: Employee shall be required to notify the City immediately upon receipt of written notification from the Court that they must report for Jury Duty or serve as a Witness as the result of a case related to his or her employment, by submitting a Leave Request form with a copy of the Jury Duty/Witness Notice attached Upon telephone confirmation by the Court to report, the employee shall immediately notify the on -duty supervisor 113 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 (21) work days for non -shift employees, or thirty -one (31) 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) workdays or shift employee receiving up to 21 calendar days of training or serving an active duty shall receive their regular pay and the amount received from the Federal or State government During periods of 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 115 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, and no other solution is available The I I City may require an employee on Administrative Leave to be available during his/her normal i work schedule l 116 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 1 stalking, or who are family members of victims It entitles employees to take leave to receive I I j COLLECTIVE BARGAINING AGREEMENT , BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2013.2 to December 31, 2015. Page 24 of 42 i i i I I 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 RETMEAMN-T -RE-AW-3-EM fe System whieh is pieked up by the City "eR aR employee eevemd by this agfeemefft is assigned to — shi-#- #cshe- will -be -asked - bi}ele shift - just - prlff -te fet! r}ng g en eiaple� will m-11 the safne pay elassifleatien ARTICLE 1243 INSURANCE BENEFITS 12-3 1 MEDICAL INSURANCE The City shall make medical insurance coverage available to employees and their dependents and provide for payment of insurance premiums as follows KPS Plan A for Employees KPS Plan B for spouses and dependents, Group Health for Employees, spouses and dependents, or equivalent or better coverage 444 12 2 Co -Pay amounts paid by employees for treatment received by employees shall be reimbursed to the employee Co -Pay amounts paid by employees for treatment received by spouses and dependents shall be paid by the employee Employee's premium is paid in full by the City Anoint labor /management committee shall be created to foster better communications between the parties related to plan coverage and payment of "co -pays " The Employer and the Union shall each appoint two representatives for a total of four to 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 12-3 2 as provided in the grievance procedure of the Labor Agreement 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 25 of 42 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 s coverages and employee contributions 4123 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 4312 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 -14125 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 of 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 1312 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 ARTICLE 134 CLOTHING AND UNIFORM CLEANING ALLOWANCE 1341 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 1342 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 14-5 PERSONNEL PRACTICES 14-S 1 DEFINITIONS: For the purpose of interpreting the provisions of this Agreement, the following definitions shall apply COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 26 of 42 I 1451 1 PROBATIONARY EMPLOYEE: An employee serving a 12 -month period commencing upon the initial date of hire as a permanent employee during which the employee may be discharged at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations and without recourse to the grievance procedure 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,lob 1451 2 PROMOTIONAL PROBATION: A 12 -month probationary period commencing upon the initial date of a regular promotional appointment A promoted employee who is unable to perform the duties of the higher level position to which they have been promoted during the probationary period, shall be returned to his/her previous classification held at the time of promotional appointment at the sole discretion of the City, consistent with applicable Civil Service Rules and Regulations, and without recourse to the grievance procedure Should an employee be absent from work for more than one hundred and eighty (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 1431 3 LEOFF I EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as " LEOFF I" 14-S 14 LEOFF II EMPLOYEE: An employee who qualifies for and is a member of the Washington State Retirement System commonly known as " LEOFF II" 145 15 NON -SHIFT EMPLOYEE: An employee who is normally assigned to work forty (40) hours per week within a Monday through Friday workweek 14S 16 SHIFT EMPLOYEE: An employee who is normally assigned to work on a 24 -hour shift scheduled basis 14-S 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 1451 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 143 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 2013-2 to December 31, 20152 Page 27 of 42 1421 Any member adversely affected (displaced or reduced in rank) by the exercise of reductions outlined in 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 eld position 1422 In the event that a reduction in force results in the need for a redistribution of employees from superior ranks to lesser ranks, such reduction 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 1423 The Human Resources Manager shall prepare and maintain a lest 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 senionty 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 14-S 3 EVALUATIONS: 145 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 145 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 144 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 143 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 28 of 42 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 dunng 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 14-56 PARAMEDIC/FIREFIGHTER CERTIFICATION REQUIREMENT: An employee who is hired as a Paramedic/Firefighter shall be required to maintain his/her Paramedic Certification as a condition of continued employment Upon completion of six (6) full years of employment as a Paramedic/Firefighter, except for promotions and special assignments in which the six (6) year 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 Chiefs sole discretion based upon the needs of the department 145 7 PARAMEDIC PAY /STEP INCREASES: A Fire fighter who transitions to Fire Fighter/Paramedic during his/her first five (5) years of employment with the 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 156 PROMOTIONAL EXAMS 1561 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 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 1562 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 1563 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 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 29 of 42 Human Resources Department will provide each qualified applicant one (1) set of reading materials containing the following i 1 Bremerton Fire Department Standard Operating Procedures/Guidelines (S O P /S O G's), 2 Current Collective Bargaining Agreement between the City and I A F F Local #437; 3 Incident Command - Tactical Accountability- Action Planning- Communication Solutions (I T A C ) manual, 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) In the event that a grievance is filed prior to any portion of examination(s) regarding a non -Civil Service issue, then the Civil Service Officer may postpone the testing until such time as the grievance has been resolved 1564 CRITERIA FOR OPEN EXAMINATJONS: 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 156 5 The following eligibility criteria shall apply 156 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 of the calendar year in order to be eligible to take the Lieutenant's examination 156 5 2 Eligibility to take Fire Station Captain's examination - An applicant must have completed two (2) years 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 156 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 156 6 CRITERIA FOR EXAMINATION CONTENT: Promotional examinations shall include a written and oral portion, and shall test for only the knowledge and abilities, which are included in the current classification specifications for the position being tested 156 7 EXAMINATION SCORING: Examinations shall be scored as follows (All scores on examinations shall be rounded to the nearest one -tenth of a point ) COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 30 of 42 156 7 1 Written portion: Maximum of Forty (40) Points - An applicant's performance on the written portion of a promotional examination shall be scored as follows. • Number of questions answered correctly divided by the total number of questions asked = (equals) percentage of correct answers A maximum of forty (40) points shall be multiplied by the percentage of correct answers and the result shall be the number of points the applicant earned on the written portion of the examination 156 7 2 Oral portion: Maximum of 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 = (equals) percentage of total oral points The maximum of sixty (60) points shall be multiplied by the percentage of total oral points and the result shall be the number of points the applicant earned on the oral portion of the examination 156 7 3 Experience Rating: Maximum of Five (5) Points - Each applicant shall receive 0 5 (1/2) point for each full two (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 points will only be added for those candidates that attain an overall score of seventy percent (70 %) or greater 156 7 4 Weighting of Written/Oral examinations • Written examination — forty percent (40 %) • Oral examination — sixty percent (60 %) 156 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 156 7 6 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 156 7 7 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20IM to December 31, 20154 Page 31 of 42 156 7 8 Minimum Score -An 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 156 7 9 All offers, acceptances and decimations of employment for promotional positions only shall be made in writing 156710 During the life of this Agreement, the parties shall meet in a labor management forum to discuss the above language covering promotions 1568 PROMOTIONS FROM FIREFIGHTER TO PARAMEDIC/FIREFIGHTER: A Firefighter may be promoted to Paramedic/Firefighter (P M /F F ) under the following conditions 156 8 1 The Employee must successfully complete a Paramedic training program approved by the Fire Chief 156 8 2 The employees must have a Paramedic/Firefighter certificate issued by the Kitsap County Medical Program Director 156 8 3 The Fire Chief must approve the promotion I 156 8 4 The promotion shall take effect on the first day of the pay period after satisfying the above conditions For promotions to P M /F F, the employee's step increase date will be changed to the effective date of the promotion 1569 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 ARTICLE 167. GRIEVANCE PROCEDURE: 4q4 16.1 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 167.2 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 1P 3 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREIERTON and IAFF LOCAL 437 (\ January 1, 201M to December 31, 2015.2 Page 32 of 42 16-7 4 GRIEVANCE PROCESS: 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 1 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, 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, 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, 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 *"wFserrby regular mail eeFti€ied fna*l -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, 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 (14) calendar days of receipt of the Fire Chiefs written response The Human Resources Manager shall consider the grievance and may convene a meeting with 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20133 to December 31, 20153 Page 33 of 42 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 ti arbitrator by mutual agreement or petition the Federal Mediation and Conciliation Services (FMCS) for a list of nine (9) arbitrators who are residents of the northwest (Washington and Oregon) 16-75 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 16-76 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 16-77 COSTS OF ARBITRATION: The expenses of the neutral arbitrator shall be borne equally by the parties Each party shall singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses The party desiring a record of the proceedings shall bear the cost of obtaining such record 16-7 8 TEUE LIMITS: Time limits established in this procedure shall be strictly adhered to, but may be waived by mutual agreement of the Union and the City All procedures contained herein shall be complied with as expeditiously as practicable ARTICLE 178 REGIONAL FIRE AUTHORITY - 0 04.4014 th84 the BfeffieAOR FIF0 DOP81`11*18flt 0WOM lfltO a Regiefial Fire Atith0FA)' (PrFA) i e W RA-161d Fire an d D setie, the pesifiefts of Fire MaFshall md Medieffill G-Iffiffift-r Shall be kipgffided tO the FMk wf R # 1; Chief imm.edl atel pFi - to the Brei a vn iFe Pepffti efit'S MSFgeF 111te the-azt Cijy agrees that it will give advance notice and provide the opportumty for the Union to participate in talks of any annexation, consolidation, merger, or participation in a Regional Fire Authorily when proposed or considered ARTICLE 181 DRUG FREE WORKPLACE 1891 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 1892 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20133 to December 31, 20152 Page 34 of 42 r 1813 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 1814 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 1815 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 fob 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 1815 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 1815 2 Employees will not be subjected to random medical testing involving urine or blood analysis or other similar or related tests for the purpose of discovering possible drug or alcohol abuse However, if objective evidence exists establishing reasonable cause to believe an employee's work performance is impaired due to drug or alcohol abuse, the City will require the employee to undergo a medical test consistent with the conditions as set forth in this article Indications of impaired behavior or a substance abuse problem will include, but are not limited to, the odor of alcohol on the breath, dilated or constricted pupils, accident pattern, abnormal behavior or performance for that specific employee 1815 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 Substance Abuse and Mental Health Services Administration SAMHSA (NIPA) _ The laboratory used will also be one whose procedures are periodically tested by NIPA - SAMHSA where they analyze unknown samples sent to an independent COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 201n to December 31, 2015 Page 35 of 42 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 1815 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 41IPA 1815 5 Blood or urine samples will be submitted per #IPA SAMHSA 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 1815 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 I 1815 7 All samples must be stored in a scientifically acceptable preserved manner consistent with 411D A SAMHSA standards I 1815 8 The laboratory will test for only the substance and within the limits as follows for the initial and confirmation test as provided within 1.rl �,�P - SAMHSA 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 specunens to determine whether they are negative for those five drugs or classes of drugs NITI A 1 TESTING Geeame metabolites 300 Pheneyelidifie -2-5 Amphetamines 1,000 ng4al. GONIFIDAdA DORY TCQTIA G Mapivana metabolites (1) 16 fig�ml Geeame metabolites (2) 150 ii@4n! Opiates COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 36 of 42 (a) The laboratory must use the cutoff concentrations displayed in the following table for initial and confirmatory drug tests All cutoff concentrations are expressed in nano ms per milliliter (n mL). I Initial test analvte Initial test cutoff Confirmatory test Confirmatory test cutoff concentration mAl concentration Man uana metabolites 50 n mL THCA 1 I S n mL I Cocaine metabolites 150 n mL Benzo lec onine 100 n mL I Qpiate metabolites I Codeine/Morphine 2000 n mL Codein 2000 n mL I Mo hme 2000 n mL I 6-Ac lino hme 10 n mL 6-Ac Imo hme 10 n mL Phengyclidine 25 n mL Phenc clidine 25 n mL I Amphetamines 3 I AMP/MAMP 4 500 n mL Amphetamine 250 n mL Metham hetamme 5 250 n mL MDMA 6 500 n mL MDMA 250 ngLml, MDA 7 250 n mL MDEA 8 250 n mL 1 = Delta- 9- tetrahvdrocannabmal- 9- carboxvlic acid (THCA) 2 = Momhine is the target analyte for codeine /momhme testing 3 = Either a single initial test kit or multiple initial test kits may be used provided the single test kit detects each target analvte independently at the specific cutoff 4 = Methamphetamme is the target analvte for amphetamine /methamohetamme testing 5 = To be reported positive for methamphetamine a specimen must also contain amphetamine at a concentration equal to or greater than 100 ng/mL 6 = Methylenedioxvmethamphetamme (MDMA) 7 = Methylenedioxvamphetamme (MDA) 8 = Methvlenedioxvethvlamphetamine (MDEA) (b) On an initial drug test, you must report a result below the cutoff concentration as negative. If the result is at or above the cutoff concentration you must conduct a confirmation test (c) On a confirmation drug test, you must report a result below the cutoff concentration as negative and a result at or above the cutoff concentration as confirmed positive (d) You must report quantitative values for morphine and codeine at 15,000 ng/mL or above If confirmatory testing results are negative, all samples will be destroyed and records of the testing expunged from the employee's file 189 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 189510 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 20152 Page 37 of 42 Officer will be familiar with the characteristics of tests (sensitivity, specificity, and predictive value), the laboratories running the tests and the medical conditions and work exposure 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 184511 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 189 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 . 18 5.13 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, —ReF not employed by the City Participation by the employee in the approved treatment program is mandatory Once the intensive part of the program has been completed, the employee may be returned to his/her regular duty assignment, but only with a written release from the Medical Review Officer Employees who complete a rehabilitation program may be re- tested randomly a maximum of four (4) times a year for the following two (2) years 189 5 14 Employees who enter and successfully complete a rehabilitation program on their own initiative may not be subjected to re- testmg, except as provided in this section The treatment and rehabilitation will be paid for by the City only to the extent that coverage COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20133 to December 31, 20152 Page 38 of 42 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 1895 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 189 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_ punuant to S-e-e-then WAS 114- 189 5 17 Once an employee successfully completes rehabilitation, he or she will be returned to his/her regular duty assignment 189 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 f 189 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 4156 189 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 189 5 21 The drug- testing program was solely initiated at the request of the City The Union will be held harmless and mdemnified, 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 189522 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 189 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20134 to December 31, 2015.2 Page 39 of 42 ARTICLE 1930 LABOR MANAGEMENT COMMITTEE 193$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 1928 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 19243 MULTIJURISDICTIONAL TRAINING In the event that multi- lunsdictional 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) 192-031 The determination of the department on items 1) and 2) above shall be subject to the grievance procedure of the CBA 192032 While such multi- lunsdictional 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 201E PHYSICAL FITNESS PROGRAM 204.1 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 204-2 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 204.3 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) 204-4 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 COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 (` January 1, 20132 to December 31, 20152 Page 40 of 42 r 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 2041.5 Designated physical fitness time shall be subject to re- evaluation during the Labor Management meetings ARTICLE 213 TOBACCO FREE WORK PLACE 1 2131 As a condition of employment, all employees hired after the effeelive &W of this agFeemea 13, 2013 shall not use any tobacco products while on duty ARTICLE 223 DISCIPLINARY ACTION 2231 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 ,lust 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 234 SEVERABILITY 2341 In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect The Union and the City shall immediately meet and attempt to renegotiate any provision found invalid ARTICLE 245 ENTIRE AGREEMENT 25-1- 24 1 The Union and the City acknowledge that each has had the unlimited right and opportunity to make proposals with respect to any matter deemed a proper subject for collective bargaining The results of the exercise of that right are set forth in this Agreement Therefore, the City and the Union each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the Articles of this Agreement during the term of this Agreement, except as mutually agreed upon ARTICLE 255 TERM 256 1 The terms of this Agreement shall be in effect upon January 1, 2&12 unless otherwise provided within the terms of each Article, and shall remain in effect through December 31, 242 Negotiations for a successor agreement shall commence no later than August 1, COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20134 to December 31, 20152 Page 41 of 42 2-0442015 Upon the approval of the Council, this Agreement shall become binding upon the r City, the Union and all of the employees in the bargaining unit covered by this Agreement DATED THIS day of 9 20134- CITY OF BREMERTON IAFF LOCAL #437 Allison Duke III Robert Ashmore Fire Chief President Patty Lent, Mayor Brian Viergutz Vice President Doug Baler Secretary- Treasurer ATTEST APPROVED AS TO FORM Shannon Corm Roger Lubovich III -City Clerk City Attorney COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON and IAFF LOCAL 437 January 1, 20132 to December 31, 2015-2 Page 42 of 42 This Memorandum of Understanding (M 0 U ) is agreed upon pursuant to the Labor Management Article of the Collective Bargaining Agreement (C B A ) between the City of Bremerton (City) and the International Association of Fire Fighters Local #437 (Union) The Collective Bargaining Agreement covers the period of January 1, 2013 through December 31, 2015 However, the City and the Union agree that it will reopen negotiations no later than June 2013 for the following articles only Article 5 Wages (entire article) Article 81 Vacation Accrual (this section only) Article 13 Insurance Benefits (entire article) In recognition of the Union's willingness to remain status quo on the above articles for 2013, the City will make a one -time deposit of 24 hours into each covered member's vacation bank, to be used per Article 8 Vacation Leave This deposit will be made into each member's vacation bank in the first pay period following ratification of the Collective Bargaining Agreement by both the Union and the City This agreement is entered into on the day of , 2013 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 i MEMORANDUM' OF U DEQSTANDODS This Memorandum of Understanding (M 0 U ) is agreed upon pursuant to the Labor Management Article of the Collective Bargaining Agreement (C B A ) between the City of Bremerton (City) and the International Association of Fire Fighters Local #437 (Union) The Collective Bargaining Agreement covers the period of January 1, 2013 through December 31, 2015 However, the City and the Union agree that it will reopen negotiations no later than June 2013 for the following articles only Article 5 Wages (entire article) Article 8 1 Vacation Accrual (this section only) Article 13 Insurance Benefits (entire article) In recognition of the Union's willingness to remain status quo on the above articles for 2013, the City will make a one -time deposit of 24 hours into each covered member's vacation bank, to be used per Article 8 Vacation Leave This deposit will be made into each member's vacation bank in the first pay period following ratification of the Collective Bargaining Agreement by both the Union and the City This agreement is entered into on the day of , 2013 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 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT Ordinance No 5215 Study Session Date April 10, 2013 establishing a new Chapter 6 10 of the COUNCIL MEETING Date April 17, 2013 Bremerton Municipal Code (BMC) entitled Department DCD "Abandoned Property Registration and Presenter Andrea L Spencer Maintenance ", and Phone 360 473 5283 Resolution No 3191 amending the Community Development - Rate Table C establishing fines and penalties for failure to register and maintain abandoned properties SUMMARY The city has numerous vacant properties, many of which are at of some stage of foreclosure These properties often have an adverse impact on the livability of Bremerton's neighborhoods It has been shown that vacant abandoned properties lead to increased crime rates, and have a deleterious impact on adjacent properties The City Council has made it a priority to adopt regulations that aid in reducing the impact of these vacant abandoned properties, and to this end staff has developed an ordinance that addresses abandoned properties The proposed ordinance requires the following • Abandoned properties (a property that is not legally occupied, and subject to foreclosure or in foreclosure status) must be registered with the City, • Registration must identify a local (Kitsap County) property manager who can resolve issues on the site, • Property manager must conduct monthly inspections to ensure code compliance, and • Property manager's name and 24 -hour contact information must be posted on the site ATTACHMENTS. 1) Proposed Ordinance establishing an "Abandoned Property Registration and Maintenance " 2) Proposed Resolution establishing fines and penalties for failure to register, inspect, maintain, or secure an abandoned property FISCAL IMPACTS (Include Budgeted Amount) The ordinance is scheduled to take effect on August 1, 2013 The ordinance allows registration free of charge, and the proposed resolution establishes fines and penalties for non - compliance with the code It is expected that the registration process for abandoned properties will be completed online, and will therefore have minimal impact on staffing It is unknown how many fines and penalties will be levied for non - compliance with the ordinance However, those revenues that are generated can be used to support the code enforcement abatement fund STUDY SESSION AGENDA ❑ No Discussion ❑x Full Presentation STUDY SESSION ACTION ❑ Consent Agenda px General Business ❑ Public Hearing RECOMMENDED MOTION Move to pass Ordinance No 5215 establishing a new chapter, Chapter 6 10 of the Bremerton Municipal code entitled "Abandoned Property Registration and Maintenance " Move to adopt Resolution No 3191, amending the Community Development — Rate Table C fees to establish abandoned properties fines and penalties COUNCIL ACTION. ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 ORDINANCE NO. 5215 AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting a new chapter, Chapter 6 10 of the Bremerton Municipal Code entitled "Abandoned Property Registration and Maintenance " WHEREAS, the City Council believes vacant properties which have been foreclosed, are pending foreclosure or are subject to foreclosure have an adverse and deleterious impact on the vitality and livability of the areas in which they are located and on the general well -being of the City and its residents, and WHEREAS, the City Council has been informed that significant numbers of vacant properties which have been foreclosed, are pending foreclosure or are subject to foreclosure in Bremerton are owned and/or controlled by entities and/or individuals outside the Bremerton area and as such, those entities and individuals may be reluctant to voluntarily incur the cost and expense of adequately maintaining those properties to the standard found in the areas surrounding the property, and WHEREAS, the City Council believes it necessary that certain registration and maintenance requirements be imposed on the owners and lenders of abandoned and vacant real property in order to minimize, if not eliminate, some of the adverse effects those properties have on the City and its residents, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. A new chapter, Chapter 6 10 of the Bremerton Municipal Code entitled "Abandoned Property Registration and Maintenance" is hereby adopted to read as follows CHAPTER 6.10 ABANDONED PROPERTY REGISTRATION AND MAINTENANCE 6.10.010 PURPOSE It is the purpose and intent of the Bremerton City Council to establish an abandoned real property registration program to protect the community from becoming blighted as a result of vacant properties that are abandoned and not properly secured and maintained Abandoned properties are deemed to be a public nuisance This chapter requires that abandoned properties be properly maintained by the owners, lenders, and other responsible persons Through the registration process, lenders who have an interest in real property within the City that are vacant and have been abandoned by the owners are required to maintain and secure these properties 6.10.020 DEFINITIONS For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows 1 Abandoned Property Registration & Maintenance "Abandoned" means a property that is vacant and 1) is under a current notice of default and/or notice of trustee's sale, 2) is the subject of a pending tax assessor's lien sale, 3) has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure, or 4) has been transferred under a deed in lieu of foreclosure /sale "Accessible" means a property that is accessible through a compromised/ breached gate, fence, wall, or similar condition or a structureibuilding that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons "Beneficiary" means a lender or holder of a note secured by a deed of trust "Borrower" means any owner as defined in this section who becomes obligated on a real estate loan agreement, either directly or indirectly, and includes, but is not limited to, mortgagors, vendees under conditional land sales contracts and grantors under trust deeds "City" means City of Bremerton "Days" means consecutive calendar days "Deed of Trust" means an instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan and often used in Washington instead of a mortgage This definition applies to any and all subsequent deeds of trust, i e , second trust deed or third trust deed "Deed in lieu of foreclosure /sale" means a recorded document that transfers ownership of property from the borrower to the lender in lieu of foreclosure including, but not limited to, a trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust "Default" means the failure to fulfill a contractual obligation, monetary, or conditional "Director" means the Director of Community Development or authorized designate thereof "Evidence of vacancy" means any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant and not occupied by authorized persons Such conditions include, but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, past due utility notices and/or disconnected utilities, accumulation of trash, dunk, and/or debris, statements by neighbors, passersby, delivery agents, or government employees that the property is vacant, and for residential properties, the absence of window coverings such as curtains, blinds, and/or shutters, the absence of furnishings and/or personal items consistent with residential habitation "Foreclosure" means the foreclosure process by which a property, placed as security for a real estate loan, is sold at auction, deed of trust foreclosure or a judgment is obtained to satisfy the debt if the borrower defaults "Lender" means any person who makes, extends, or holds a real estate loan agreement and includes, but is not limited to, mortgagees, beneficiaries under deeds of trust, underwriters under deeds of trust, vendors under conditional land sales contracts, trustees and a successor in interest to any mortgagee, beneficiary, vendor or trustee and any other lien holder on the property The term also includes any mortgagee, beneficiary or trustee that accepts a deed in lieu of foreclosure "Local" means within Kitsap County "Notice of Default" means a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale "Out of area" means outside Kitsap County "Owner" means any natural person, partnership, association, corporation or other entity having legal title in real property including any borrower as defined in this section 2 Abandoned Property Registration & Maintenance "Property" means any unimproved or improved, residential or commercial real property, or portion thereof, situated in the City, and includes the buildings or structures located on the property regardless of condition "Responsible person" means any person, partnership, association, corporation, or fiduciary having legal or equitable title to or any interest in any real property, including, but not limited to an owner, borrower, and lender as defined in this section "Securing" or "Secure" means such measures as may be directed by the Director that assist in rendering the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining/padlocking of gates and the repair, replacement or boarding of doors, windows, and/or other openings "Trustee" means the person, partnership, firm, corporation, or other entity holding a deed of trust on a property "Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt "Vacant" means a subject property that is not legally occupied 6.10.030 ADMINISTRATION. This chapter shall be administered by the Department of Community Development by its Director, or his or her designee, who shall promulgate procedures to administer the registration, maintenance, security and related provisions as authorized in this chapter Appropriate fees for services as well as fines and penalties for violations shall be set by the City Council and are set forth in Chapter 3 01 BMC 6.10.040 MAINTENANCE AND REGISTRATION REQUIREMENTS. Abandoned properties shall be properly maintained and secured as required by this chapter by the owners, lenders and other responsible persons as defined in Section 6 10 010 above Lenders who have an interest in real property within the City that are vacant and have been abandoned are required to register abandoned properties with the City pursuant to Section 6 10 060 below 6.10.050 RESPONSIBLE PERSON - LOCAL PROPERTY MANAGER. (a) Responsible Person When any act is required under this chapter involves more than one lender or other responsible person as defined in Section 6 10 010 above, both or all are responsible for performing such act and may be charged with a violation of this Code for failure to act However, it is sufficient if it is accomplished by either one If information is required to be provided, then both must provide such information (b) Local Property Manager If the lender or other responsible person is a corporation and/or out of area lender /owner, that responsible person shall retain a local property manager authorized to take the appropriate steps to comply with the requirements of this chapter 6.10.060 LENDER INSPECTION AND REGISTRATION. (a) Initial Inspection Upon Default Any lender who holds a security interest on a property located within the City shall perform an initial inspection of the property upon default by the borrower prior to initiating foreclosure proceedings such as posting a notice of default or initiating other applicable proceedings to begin the foreclosure process This inspection shall be performed within fourteen (14) days of default This inspection shall be to determine whether the property is vacant If the property is found to be vacant or shows evidence of vacancy, it is, by 3 Abandoned Property Registration & Maintenance this chapter, deemed abandoned and the lender shall, within fourteen (14) days from the date of the inspection, register the property with the Director on forms or in the manner provided by the City (b) Defaults Prior to August 1, 2013 Any lender who holds a security interest on a property located within the City, and which property as of August 1, 2013, 1) is under a current notice of default, 2) is under a current notice of trustee's sale, 3) is the subject of a pending tax assessor's lien sale, 4) has been the subject of a foreclosure where the title was retained by the beneficiary of the deed of trust involved in the foreclosure, or 5) was transferred under a deed in lieu of foreclosure /sale, shall perform an inspection of the property to determine whether the property is vacant This inspection shall be performed by August 15, 2013 If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned, and the lender shall, within fourteen (14) days from the date of the inspection, register the property with the Director on forms or in the manner provided by the City (c) Registration Contents Each registration shall contain the following (1) Information for both the beneficiary and trustee name (corporation or individual), (2) The street/office address (not a post office box) and, if different, the mailing address, (3) A direct contact name (corporation or individual), (4) A direct contact name and phone number for the person handling the foreclosure, and (5) In the case of a corporation or out of area lender, the telephone number and other contact information of local property manager /management company responsible for the inspections, maintenance and security of the property (d) Registration Fee and Other (1) There shall be no fee for the annual registration (2) The registration shall be valid for one calendar year following the date on which registration is initially due to the City Subsequent registrations are required and due each year thereafter on the anniversary of the due date of the initial registration until such time as the property is transferred or becomes legally occupied (3) Lenders required to register properties pursuant to this chapter shall keep such properties registered and all required information updated, and comply with all the security and maintenance requirements of this chapter for the entire time such properties remain vacant (4) When properties required to be registered become occupied or title is transferred, the prior lender shall notify the Director in writing within fourteen (14) days of the occupancy or transfer (5) Any lender required to register a property pursuant to this chapter shall report any change of information contained in the registration within fourteen (14) days of the change (6) Inspections conducted pursuant to this chapter are intended only for the purposes set forth in this chapter and not for purposes of triggering disclosure obligations to potential real property purchasers 6.10.070 MONTHLY INSPECTIONS (a) The property shall be inspected on a monthly basis to determine whether or not the property is vacant and whether or not the maintenance, security and other requirements of this chapter and any other applicable laws are being met 4 Abandoned Property Registration & Maintenance (b) If a property is occupied, but remains in default, it shall be inspected by the lender, or an agent/designee of the lender, monthly to determine whether the property is vacant until 1) the borrower or other party remedies the default, or 2) the foreclosure is completed and ownership is transferred to a new owner who is not the former beneficiary or another lender, or 3) it is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the lender shall, within fourteen (14) days of that inspection, register the property with the Director on forms or in the manner provided by the City (c) The property shall continue to be inspected after a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure, or the underwriter of the deed of trust, or any other person or entity who held a security interest in the property, and any property transferred under a deed in lieu of foreclosure /sale If upon inspection the property is found to be vacant, it is hereby deemed abandoned and must be registered within fourteen (14) days as required in this chapter (d) These inspections shall be reported to the City as required by the Director 6.10.080 MAINTENANCE REQUIREMENTS. (a) Responsible persons shall maintain and keep properties free of conditions including, but not limited to, (1) Weeds, dry brush, dead vegetation, trash, dunk, debris, building materials and dunk vehicles, (2) Accumulation of newspapers, circulars, flyers, notices (except those required by federal, state, or local law), discarded personal items including, but not limited to, furniture, clothing, large and small appliances, or printed material, including, but not limited to, the following (3) Graffiti, tagging, or similar markings by removal or painting over with an exterior grade paint that matches and/or coordinates with the color of the exterior of the structure (b) Responsible persons shall, (1) Maintain yards in accordance with City requirements and standards (2) Secure ponds, pools and hot tubs and ensure that they do not become a public nuisance, and (3) Take any other action necessary to prevent giving the appearance that the property is abandoned (c) Additionally, responsible persons shall maintain properties pursuant to the requirements of Chapter 17 04 BMC, the City Building Code, Chapter 18 02 BMC, the City Fire Code, Chapter 9 92 BMC, Chronic Nuisance Properties, Title 6 BMC, Health and Sanitation and/or any other applicable City code or state law 6.10.090 SECURING AND POSTING REQUIREMENTS. (a) Securing All properties subject to registration shall be secured to prevent access by unauthorized persons, including, but not limited to, the following the closure and locking of windows, doors (walk- through, sliding and garage), gates, and any other opening of such size that it may allow a child or any other person to access the interior of the property and or structure(s) Securing also includes boarding as applicable Material used for boarding shall be painted with an exterior grade paint that matches and/or coordinates with the color of the exterior of the structure 5 Abandoned Property Registration & Maintenance (b) Posting The property shall be posted with name and twenty -four (24) hour contact phone number of the local property manager The posting shall be no less than eighteen (18) inches by twenty -four (24) inches, and shall be of a font that is legible from a distance of forty-five (45) feet, and shall contain, along with the name and a twenty-four (24) hour contact number, the words, "THIS PROPERTY MANAGED BY [insert name] ", and "TO REPORT PROBLEMS OR CONCERNS CALL [insert local telephone number] " The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street, or, if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals Exterior posting must be constructed of, and printed with, weather resistant materials 6.10.100 VACANT PROPERTIES NOT ABANDONED. Vacant properties that are not abandoned as defined in Section 6 10 010 above but have been boarded up and/or otherwise secured as a result of City code enforcement action, shall comply with the local property manager requirements of Section 6 10 050(b) above and the posting and security requirements of Section 6 10 090 above 6.10.110 TIME TO REMEDY FOLLOWING INSPECTION. The lender or other responsible person shall have fourteen (14) days to remedy any defects found following any inspection required by this chapter, except that, the lender or other responsible person shall have fourteen (14 days from the date of registration to remedy any defects found during the initial inspection set forth in Subsections 6 10 060 (a) or (b) above to meet the registration, inspection, maintenance, and security obligations of this chapter, unless otherwise extended by the Director at his or her sole discretion 6.10.120 ADDITIONAL MAINTENANCE AND SECURITY. In addition to the enforcement remedies established in this chapter and applicable City Code, the Director shall have the authority to require any responsible person of any abandoned property affected by this chapter to implement additional maintenance and/or security measures, including, but not limited to, securing any /all doors, windows or other openings, installing additional security lighting, increasing on -site inspection frequency, employment of an on -site security guard, disconnecting utilities, or any other measures as may be reasonably calculated to arrest the decline of the property, prevent unauthorized entry, and/or ensure maintenance of the property in accordance with this code 6.10.130 ENFORCEMENT. (a) In the event the Director believes lender or other responsible person has failed to meet the registration, inspection, maintenance, and security obligations of this chapter, the Director shall send notice of said failure to the responsible person at the address listed on the tax rolls of the County or at such other address as may be known to the Director The notice shall set out the nature of the failure(s) to be corrected and shall give the responsible person 6 Abandoned Property Registration & Maintenance I within fourteen (14) days from the date of the notice to correct them unless an imminent danger exists in which case the responsible person shall take immediate action to cure the condition creating the imminent danger In the event the lender or other responsible person fails to remedy the matters within the time set out in the notice (or make, in the view of the Director, adequate arrangements otherwise) the City may seek enforcement pursuant to Section 6 10 140 below (b) Violations of this chapter constitute a public nuisance and may be enforced, in addition to the provisions of this chapter, pursuant to Chapter 17 04 BMC, the City Building Code, Chapter 18 02 BMC, the City Fire Code, Chapter 9 92 BMC, Chronic Nuisance Properties, Title 6 BMC, Health and Sanitation and/or any other applicable City code or state law 6.10.140 VIOLATION — PENALTY. (a) Penal Any person, firm or entity who fails to register and perform the required inspections, maintenance and/or security as required herein shall be subject to a penalty as set forth in Chapter 3 01 BMC (b) Code Enforcement In addition any violation of any provision of this chapter is a civil violation as provided for in Chapter 104 BMC, for which a monetary penalty may be assessed and abatement may be required as provided therein SECTION 2 Effective Date of Provisions The provisions of Section 1 of this ordinance shall take effect and be in force August 1, 2013 SECTION 3. Severabdq If any one 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 , 2013 GREG WHEELER, Council President Approved this day of 1 2013 PATTY LENT, Mayor 7 Abandoned Property Registration & Maintenance ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2013 EFFECTIVE the day of , 2013 ORDINANCE NO 5215 R \ Legal \Legal \Ordinances \Community Development\Abandoned Property Registration\Abandoned Property Registration and Maintenance - Final doc 8 Abandoned Property Registration & Maintenance RESOLUTION NO. 3191 A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing fines and penalties regarding abandoned properties WHEREAS, the City Council desires to amend Community Development - Rate Table C to establish fines and penalties relating to abandoned properties, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. Rate Table amended Fines and penalties set forth in Community Development - Rate Table C as established by Resolution No 3185 are hereby amended and reestablished herein by this Resolution by adding a new section 7 entitled "Abandoned Properties Fines & Penalties" and making certain corrections to Exhibit 1 of Rate table C as set forth in the amended Community Development - Rate Table C, attached hereto and incorporated herein by reference SECTION 2. Effective Date of Section 1 The establishment of fines and penalties set forth in Section 1 above shall be effective August 1, 2013 SECTION 3. Severab&U 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 4. Affective 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 , 2013 GREG WHEELER, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, City Clerk R \ Legal \Lega]\Resolutions\Finance\2013 Rates and Fees Tables\2013 Resolution amending Rate Table C doc 2013 Rates and Fees — Rate Table C COMMUNITY DEVELOPMENT — RATE TABLE C All Rates Listed are "Not To Exceed" Fees C. DEPARTMENT OF COMMUNITY DEVELOPMENT RATE 1. SUBDIVISIONS Preliminary Short $1000 + $150 per lot Preliminary Formal Plat /Binding Site Plan $2500+ $150 /lot (1 -100 lots) $100 /lot (101 -200 lots) $75 /lot (201 + lots) Final Short $630 + $40 /lot Final Formal Plat/Binding Site Plan $945 + 40 /lot 2. SHORELINE MASTER PROGRAM Substantial Development Permit $1,300 Conditional Use Permit — Type II $850 Conditional Use Permit — Type III $1750 Shoreline Variance $1750 Permit Revision $325 Shoreline Exemption $100 3. STATE ENVIRONMENTAL POLICY ACT (SEPA) Checklist $320 Environmental Impact Statement Review /Adoption $650 + additional cost of expertise 4. APPEAL (to Hearing Examiner) $350 5. PRE - APPLICATON CONFERENCE $100 6. ABATEMENTS Dangerous Building $900 + Direct Service and Supply Cost Garbage & Weed $640 + Direct Service and Supply Cost 7. ABANDONED PROPERTIES FINES & PENALTIES Failure to Register $1,000 + $100 per day Failure to Inspect, Maintain, and/or Secure $1,000 + $100 per day -78. BUILDING PERMIT FEES Refer to Exhibit 1 89. PLAN REVIEW FEE 65% of the building permit fee as set forth in Exhibit 1 9 ESTABLISHED "BASIC" PLAN REVIEW Pursuant to DCD policy 50% of Plan Review Fee Resolution No 3191 COMMUNITY DEVELOPMENT — RATE TABLE C All Rates Listed are "Not To Exceed" Fees RATE 4911. MECHANICAL PERMIT FEES Residential Refer to Exhibit 2 Commercial / Non - Residential / Multifamily Valuation and Refer to Exhibit 1 4412. PLUMBING PERMIT FEES Residential Refer to Exhibit 3 Commercial / Non - Residential / Multifamily Valuation and Refer to Exhibit 1 4313. GRADING PERMIT AND PLAN REVIEW FEES Refer to Exhibit 4 4314. ZONING ORDINANCE Ordinance Amendments Text $740 Rezone (Map Amendment) $740 Variance Administrative $325 Public Hearing/Single Family $500 Public Hearing/Other $1750 Development Agreements $1600 Conditional Use Permit Single Fanuly Residential Type II $350 Single Family Residential Type III $500 Commercial / Non - Residential / Multifamily — Type II $850 Commercial / Non - Residential / Multifammly — Type III $1750 Non - Conforming Use Determination $275 Director's Code Interpretation $175 4415. COMPREHENSIVE PLAN Text or Map Amendment $1500 Combined Text and Map Amendment $2500 4516. SITE PLAN REVIEW Commercial / Non - Residential / Multifamily — Type II $500 4617. SITE DEVELOPMENT PERMIT $500 (Fee waived if concurrent with Site Plan Review) Resolution No 3191 COMMUNITY DEVELOPMENT — RATE TABLE C All Rates Listed are "Not To Exceed" Fees RATE 4418. MULTIFAMILY TAX EXEMPTION Application $1500 4819. DESIGN REVIEW BOARD Conceptual Design Conference $500 Design Response Conference $500 4120. MISCELLANEOUS FEES Hourly Rate $5600 Stop Work Fee 100 % of permit fee Resolution No 3191 COMMUNITY DEVELOPMENT — RATE TABLE C All Rates Listed are "Not To Exceed" Fees COMM UNITY DEVELOPMENT D A TE T A Br E C EXHIBIT 1 BUILDING AND OTHER PERMIT FEES TOTAL VALUATION FEE $100 TO $500 00 $2600 $50100 TO $2,000 00 $26 00 for the first $500 00 plus $3 00 for each additional $100 00, or fraction thereof, to and including $2,000 00 $2,00100 to $40,000 $69 00 for the first $2,000 00 plus $11 00for each additional $1,000 00, or fraction thereof, to and including $40,000 $40,00100 to $100,000 00 $487 00 for the first $40,000, plus $9 00 for each additional $1,000 00, or fraction thereof, to and including $100,000 00 $100,00100 to $500,000 00 $1,027 00 for the first $100,00 00 plus $7 00 for each additional $1,000 00, or fraction thereof, to and including $500,000 00 $500,00100 to $1,000,000 00 $3,827 00 for the first $500,000 00 plus $5 00 for each additional $1,000 00, or fraction thereof, to and including $1,000,000 00 $1,000,001 00 to 5,000,000 00 $6,327 00 for the first $1,000,000 00 plus $3 00 for each additional $1,000 00, or fraction thereof, to include $5,000,000 00 $5,000,00100 and over $18,327 00 for the first $5,000,000 00, plus $100 for each additional $1,000 00 or fraction thereof Other Inspections and fees 1 Inspections outside of normal business hours $56 00 per hour' (minimum charge — two hours) 2 Re- inspection fees assessed under provisions of this chapter shall be as follows (per inspection) $56 00 per hour' 3 Inspections for which no fee is specifically indicated $56 00 per hour' (minimum charge — one -half hour) 4 Additional plan review required by changes, additions or revisions to plans $56 00 per hour' (minimum charge — one -half hour) 5 For use of outside consultants for plan checking and inspections, or both Actual Costs' 6 Manufactured Home Setup Fee Bid Price valuation used in Exhibit 1 7 Moved Building Permit Fee (not including other required permits) $10000 8 Demolition permit Fee 3 cents per square foot, with a minimum charge of $5600 9 Energy Code Plan Review Surcharge for New Single Family Residences $5000 Or the total hourly cost to the jurisdiction, whichever is the greatest This cost shall include supervision, overhead, equipment, hourly wages and fi benefits of the employees involved 'Actual costs include administrative and overhead costs Resolution No 3191 COMMUNITY DEVELOPMENT — RATE TABLE C All Rates Listed are "Not To Exceed" Fees EXHIBIT 2 MECHANICAL PERMIT FEES Permit Issuance and Heaters Fee 1 For the issuance of each mechanical permit $2350 2 For issuing each supplemental permit for which the original permit has not expired, been canceled or finaled $725 Unit Fee Schedule (Note The following do not include permit - issuing fee) 1 Furnaces For the installation or relocation of each forced -air or gravity -type furnace or burner, including ducts and vents attached to such appliance, up to and including 100,000 Btu/h (29 3 kW) $1480 For the installation or relocation of each forced -air or gravity-type furnace or burner, including ducts and vents attached to such appliance over 100,000 Btu/h (29 3 kW) $1820 For the installation or relocation of each floor furnace, including vent $1480 For the installation or relocation of each suspended heater, recessed wall heater or floor - mounted unit heater $1480 2 Appliance Vents For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit $725 3 Repairs or Additions For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption or evaporative cooling system, including installation of controls regulated by the Mechanical Code $1370 4 Boilers, Compressors and Absorption Systems For the installation or relocation of each boiler or compressor to and including 3 horsepower (10 6 kW), or each absorption system to and including 100,000 Btu/h (29 3 kW) $1470 For the installation or relocation of each boiler or compressor over three horsepower (10 6 kW) to and including 15 horsepower (52 7 kW), or each absorption system over 100,000 Btu/h (29 3 kW) to and including 500,000 Btu/h (146 6 kW) $27 15 For the installation or relocation of each boiler or compressor over 15 horsepower (52 7 kW) to and including 30 horsepower (105 5 kW), or each absorption system over 500,000 Btu/h (146 6 kW) to and including 1,000,000 Btu/h (293 1 kW) $3720 For the installation or relocation of each boiler or compressor over 30 horsepower (105 5 kW) to and including 50 horsepower (176 kW), or each absorption system over 1,000,000 Btu/h (293 1 kW) to and including 1,750,000 Btu/h (512 9 kW) $5545 For the installation or relocation of each boiler or compressor over 50 horsepower (176 kW), or each absorption system over 1,750,000 Btu/h (512 9 kW) $9265 5 Air Handlers For each air - handling unit to and including 10,000 cubic feet per minute (cfin) (4719 L /s), including ducts attached thereto Note: This fee does not apply to an air - handling unit which is a portion of a factory- assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the Mechanical Code $1065 For each air - handling unit over 10,000 cfm (4719 s) $18 10 6 Evaporative Coolers For each evaporative cooler other than portable type $1065 7 Ventilation and Exhaust For each ventilation fan connected to a single duct $725 For each ventilation system which is not a portion of any heating or air - conditioning system authorized by a permit $1065 For the installation of each hood which is served by mechanical exhaust, including the ducts for such hood $1065 Resolution No 3191 COMMUNITY DEVELOPMENT — RATE TABLE C All Rates Listed are "Not To Exceed" Fees 8 Incinerators For the installation or relocation of each domestic -type incinerator $1820 For the installation or relocation of each commercial or industrial -type incinerator $1450 9 Miscellaneous For each appliance or piece of equipment regulated by the Mechanical Code but not classed in other appliance categories, or for which no other fee is listed in the table $1065 For each gas piping system of 1 — 5 outlets $625 For each additional gas piping system outlet, per outlet $125 Other Inspections and Fees Inspections outside of normal business hours, per hour (minimum charge — two hours $49 50' Re- inspection fees assessed under provisions of this chapter shall be as follows (per inspection) $49 50' Inspections for which no fee is specifically indicated, per hour (minimum charge — one -half hour) $49 50' Additional plan review required by changes, additions or revisions to plans or to plans for which an initial review has been completed (minimum charge — one -half hour) $49 50' 'Or the total hourly cost to the Jurisdiction, whichever is the greatest This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved Resolution No 3191 COMMUNITY DEVELOPMENT — RATE TABLE C All Rates Listed are "Not To Exceed" Fees EXHIBIT 3 PLUMBING PERMIT FEES Permit Issuance 1 For issuing each permit $2000 2 For issuing each supplemental permit $1000 Unit Fee Schedule (in addition to items 1 and 2 above) 1 For each plumbing fixture on one trap or a set of fixtures on one trap (including water, drainage piping and backflow protection therefore) $700 2 For each building sewer and each trailer park sewer $1500 3 Rainwater systems — per drain (inside building) $700 4 For each cesspool (where permitted) $2500 5 For each private sewage disposal system $4000 6 For each water heater and/or vent $700 7 For each gas piping system of one to five outlets $500 8 For each additional gas piping system outlet, per outlet $100 9 For each industrial waste pretreatment interceptor including its trap and vent, except kitchen -type grease interceptors functioning as fixture traps $700 10 For each installation, alteration or repair of water piping and/or water treating equipment, each $700 11 For each repair or alteration of drainage or vent piping, each fixture $700 12 For each lawn sprinkler system on any one meter including backflow protection devices therefore $700 13 For atmospheric -type vacuum breakers not included in item 12 1 to 5 $500 Over 5, each $100 14 For each backflow protective device other than atmospheric type vacuum breakers 2 inch (51 mm) diameter and smaller $700 Over 2 inch (51 mm) diameter $1500 15 For each graywater system $4000 16 For initial installation and testing for a reclaimed water system $30 00' 17 For each annual cross - connection testing of a reclaimed water system (excluding initial test ) $30 00' 18 For each medical gas piping system serving one to five inlet(s)/outlet(s) for a specific gas $5000 19 For each additional medical gas inlet(s)/outlet(s) $500 Other Inspections and Fees 1 Inspections outside of normal business hours $30 00' 2 Re- inspection fee $3000 3 Inspections for which no fee is specifically indicated $30 00' 4 Additional plan review required by changes, additions or revisions to approved plans (minimum charge — one -half hour) $30 00' 'Per hour for each hour worked or the total hourly cost to the jurisdiction, whichever is greater This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of all the employee s involved Resolution No 3191 COMMUNITY DEVELOPMENT - RATE TABLE C All Rates Listed are "Not To Exceed" Fees EXHIBIT 4 GRADING PLAN REVIEW FEES 50 cubic yards (38 2 m or less No fee 51 to 100 cubic yards (40 m to 76 5 m 3 ) $ 2350 101 to 1,000 cubic yards (77 2 m to 764 6 m) $3700 1,001 to 10,000 cubic yards (765 3 m to 7645 5 m 3 ) $ 4925 10,001 100,000 cubic yards (7646 3 m to 76,455 m 3 ) $ 49 25 for the first 10,000 cubic yards (7645 5 m), plus $24 50 for each additional 10,000 cubic yards (7645 5 m or fraction thereof 100,001 to 200,000 cubic yards (76,456 m to 152,911 $269 75 for the first 100,000 cubic yards m) (76,455 in), plus $13 25 for each additional 10,000 cubic yards (7645 5 m 3 ) or fraction thereof 200,001 cubic yards (152,912 m) or more $402 25 for the first 200,000 cubic yards (152,911 m), plus $7 25 for each additional 10,000 cubic yards (7645 5 m 3 ) or fraction thereof Other Fees: Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one -half hour) $50 50 per hour' 'Or the total hourly cost to the jurisdiction, whichever is the greatest This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved GRADING PERMIT FEES' 50 cubic yards (38 2 m) or less $2350 51 to 100 cubic yards (40 m to 76 5 m 3 ) $ 3700 101 to 1,000 cubic yards (77 2 m to 764 6 m 3 ) $ 37 00 for the first 100 cubic yards (76 5 m) plus $17 50 for each additional 100 cubic yards (76 5 m or fraction thereof 1,001 to 10,000 cubic yards (765 3 m to 7645 5 m 3 ) $ 194 50 for the first 1,000 cubic yards (764 6 in), plus $14 50 for each additional 1,000 cubic yards (764 6 m or fraction thereof 10,001 to 100,000 cubic yards (7646 3 m to 76,455 $325 00 for the first 10,000 cubic yards (7645 5 in) m), plus $66 00 for each additional 10,000 cubic yards (7645 5 m or fraction thereof 100,001 cubic yards (76,456 m) or more $919 00 for the first 100,000 cubic yards (76,455 in), plus $36 50 for each additional 10,000 cubic yards (7645 5 m 3 ) or fraction thereof Other Inspections and Fees: 1 Inspections outside of normal business hours (minimum charge - two hours) $50 50 per hour 2 Re- inspection fees assessed under provisions of this chapter shall be as follows (per inspection) $49 50 per hour 3 Inspections for which no fee is specifically indicated ( mimmum charge - one- half hour) $50 50 per hour 'The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project 2 O the total hourly cost to the jurisdiction, whichever is the greatest This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved Resolution No 3191 f From: Lori Smith on behalf of City Council Sent: Monday, April 01, 2013 10 52 AM To: 'Bill Hoke', City Council Cc: Patty Lent, Roger Lubovich, Andrea Spencer, Janet Lunceford Subject: FW Citizen Comments - Proposed Abandoned Home Ordinance (Bill Hoke) Mr Hoke, Thank you for your e-mail, which I have provided to the City Council Members for their review and consideration I forwarded copies to Mayor Lent, City Attorney Roger Lubovich, DCD Director Andrea Spender, and Code Enforcement Officer Janet Lunceford for their information A copy will also be included as part of the record It is appreciated that you took the time to share your comments Sincerely, Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 - - - -- Original Message---- - From Bill Hoke [mailto hoke @90minutemarketina coml Sent Monday, April 01, 201310 33 AM To City Council Cc Patty Lent Subject Abandoned home ordinance We completely support this proposed ordinance and encourage you to consider the following additions 1) That covering of windows and doors be painted -- no exposed, raw wood or plywood 2) That landlords (and owners) of abandoned vehicles be required to remove them Reference is to 1143 Pitt with three cars, one boat and one motorcycle parked in front The black truck on the front lawn has been there for ten years and it makes it VERY difficult to sell or rent our home with this junk yard directly across the street While we recognize that Abatement is a last resort, there are (hundreds) of abandoned homes and buildings in Bremerton that need attention We've made considerable investment in property in Bremerton and without enforcement, we will never see a renaissance but, rather, a continued degradation of property values We encourage the City Council to take strong action against absentee landlords and non - compliant homeowners Respectfully, William Hoke 1146 Pitt Bremerton, WA 98310 1 From City Council Sent Tuesday, April 02, 2013 10 51 AM To Charlene Deuscher Subject RE Citizen Comment - Favors Abandoned Housing Proposal (Charlene L Deutscher) Ms Deutscher, Thank you for your e-mail, which I have provided to the City Council Members for their review and consideration A copy was also provided to Mayor Lent, City Attorney Roger Lubovich, DCD Director Andrea Spender, and Code Enforcement Officer Janet Lunceford for their information, and a copy will also be included as part of the record It is appreciated that you took the time to share your comments Sincerely, Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 - - - -- Original Message - - --- - - From: Charlene Deuscher [ mailto clbd72C&gmail com Sent: Monday, April 01, 2013 8 13 PM To: City Council Subject: Abandoned Housing Proposal I can't attend either of the meeting for this proposal, but as a home owner here in Bremerton I am all for it, In the last few years we have had several houses on our street become abandoned due to the owners deaths We have helped other neighbors keep an eye on the properties and call the police when needed and we have pitched in to keep the lawns up One of them we know is owned by a bank (1302 N Montgomery Ave) and the other one (1303 N Montgomery Ave ) we are not sure about It would be very helpful to those of us living on this street if the property owners were held responsible Thank You, Charlene L Deutscher 1301 N Montgomery Ave Bremerton, WA 98312 360 - 621 -4386 I From: Lori Smith on behalf of City Council Sent: Tuesday, April 02, 2013 12 24 PM To: City Council Subject: FW Response to Citizen Comments - Proposed Abandoned Home Ordinance (Bill Hoke) Attn Council Members (FYI) From: Andrea Spencer Sent: Tuesday, April 02, 2013 12:13 PM To: 'Bill Hoke' Cc: Patty Lent; Roger Lubovich; Janet Lunceford; City Council Subject: RE: Citizen Comments - Proposed Abandoned Home Ordinance (Bill Hoke) Bill — Thanks for your comments and support for the abandoned property ordinance Based on your comments, staff has included provisions in the new code to ensure that materials used for boarding be painted with exterior paint that matches/ coordinates with the materials of the structure We are also noting that all dunk vehicles must be removed from abandoned properties Thanks for your interest, and I appreciate that your comments have made the proposed ordinance better Regards, Andrea AnAm L Spencer, MOP Director of Community Development City of Bremerton 345 6th Street, Suite 600, Bremerton WA 98337 Voice 360 473 5283 Fax 360 473 5278 Want to be the first to know what's going on in Bremerton? Sign up for a -News http Hwww ci bremerton wa us /eNews /signup php Q t ' K ,( I4�dv Spznce,r AtLEIVED CITY COUNCIL OFFICE °° 930 Ash Place ATE q Z13 Bremerton WA 98310 1f be,\.var^ tot April 7, 2013 City Council, Bremerton Washington Subject Abandoned Houses You have identified a problem where innocent people are victimized by criminals, who usually get away without consequences,, And you are looking for a something to make things better, since a complete solution is seen to be impossible Reading the article from the SUN, I am led to respond to several of the points lam pretty deaf, and, in a large room, my understanding goes to zero So, while you can hear and understand me, I would not be able to understand any of your questions or responses That would be awkward Therefore, I resort to written word Let me start making points Backup for these points will be provided to any member of the city government, or the general public, if requested 1 You speak of "abandoned houses " While there may be a few truly abandoned, most squatters land in temporarily unoccupied structures The spectrum ranges from Owners away on vacation for short or long duration, all the way to homes owned by out of state banks or investors who have no physical presence nearby Squatters mostly land in unoccupied, bux not abandoned, houses Your term "abandoned needs to be defined carefully That seems like a "nit" but it is actually quite important 2 1 am a stakeholder in the process for solving this problem having houses which were either vacant rentals, or residence temporarily unoccupied, and entered and damaged by uninvited persons My property has been repeatedly vandalized by uninvited persons They stole diesel oil out of the tank, copper pipe and copper wire from inside the house, tools, building material, light fixtures, and smoke alarms On one occasion I even experience a "hot" burglary at my dwelling when the thieves thought nobody was home 3 The law enforcement community, with present resources, is not able to keep squatters from taking over a vacant house' Crime prevention does not seem to be a goal One officer recommended that I install hasps and padlocks Then he turned around and saw the back door to the garage hasp and padlock ripped from the structure 4 When law enforcement does apprehend squatters, or I identify someone who has broken in, consequences are very mild for the squatter Mostly not existant 5 The law and justice system is not able to provide disincentives to squatters to discourage them from occupying and damaging property when owners are absent (One of the staff in the L &J system summed it up this way When they are arrested and taken to Jail, they don't care All their friends are there They are warm, fed, get medical care and entertainment and CC Kitsap Sun socialization They are a parasite to the fail system and will never change their behavior because of the possibility of a free vacation 6 The Police Dept already has a registration system, voluntary, which sends email notification to owners when police activity occurs on the property Good program, and would be much better if it acted quicker Requiring everybody to sign on would require a substantial expansion of the program, more manpower and more money 7 Rather than a mandatory registration, a push for more voluntary registration, plus the opportunity to voluntarily give Law Enforcement permission to come on the property to investigate and suppress uninvited guest activity Call it a temporary power of attorney Not that it is always seen as needed for a cop to enter the property One day I was in the living room of our vacant rental, sorting some tools Deaf, did not hear somebody enter When I turned around, there stood a uniformed BPD officer, right hand on the butt of his pistol Yes, that did give me a start) No, I did not end up in cuffs 8 Keeping the property free of graffiti Yes, I do know that has fallen into the responsibility of the property owner, because the police are not equipped to prevent it, nor is the criminal Justice system able to spare resources to de- mcentivize the taggers who are caught. But, in Simple Justice, I should not be punished because some criminal defaces my property 9 Finally, and most important, the government seems to find it easier to punish the victims of criminal activity than to apprehend, try, convict, and provide punishment adequate to change behavior of the criminal in my opinion adding more punishment to the victim of the crime is bad policy If I may, I suggest that you have a second look at what you propose It needs deeper study and innovative measures for solution If invited, I would be happy to help on a study committee if you should see that forming one would help Respectfully submitted, Dan Zimsen PS The SUN article reported that ha a dozen squatters taken from Warren Ave were taken to Kitsap County Jail What happened then? Are they back living in somebody else's empty house CC Kitsap Sun From Lori Smith on behalf of City Council Sent Tuesday, April 09, 2013 10 18 AM To Iconnie c' Subject RE Citizen Concern & Suggestion - Citing Tenants for Trashing Property (Connie Dummel) Ms Dummel, Thank you for your letters as well as your suggestion to cite tenants for trashing rental properties I have provided your e -mail to the Council Members for their review and consideration I also provided copies to Mayor Lent, DCD Director Andrea Spencer, and Code Enforcement Officer Janet Lunceford for their information Andy Oakley has since retired, so I provided a copy to new City of Bremerton Community Resource Officer Joe Sexton It is appreciated that you provided this follow up to your previous correspondence, and I will forward any input that may be received Sincerely, Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 From: conrne c [ madto brittbran(dhotmail com Sent: Tuesday, April 09, 2013 3 AM To: City Council Subject: FW CITING TENANTS FOR TRASHING PROPERTY With the recent attention now being given to unkept /trashed properties, perhaps this issue which I emailed to you several years ago could also be addessed a Thank -you, Connie Dummel, 377 -7850 From brittbran @hotmail com To city council @u bremerton wa us Subject CITING TENANTS FOR TRASHING PROPERTY Date Tue, 5 Apr 201106 57 44 -0700 BREMERTON CITY COUNCIL MEMBERS - I've been troubled by an issue since I had to evict a tenant for non - payment of rent This is only the 3rd time 1 have had to evict in the last 30 years or so The duplex is one I built in the early 80's and is immaculate It normally attracts good tenants and probably the reason for my low eviction rate However, l had to evict a tenant after trying to work with them and they rewarded me by trashing my property They stayed until actually forced out by the police and what a mess they left! The officer witnessed and walked through it Actual garbage, food, etc was strewn about and everything they didn't want was left behind, including a garage full of mattresses, washers, dryers, tvs, etc It was so overwhelming and Just doesn't seem right Why should a tenant get away with leaving trash in and around my property but they can be fined for littering elsewhere After leaving they can be difficult to find and even if you do locate them, serving and collecting on Judgments are futile With the police officer there, the tenant could be cited on the spot, like in my case, or called into observe the condition I'm not looking for money but It could be a money maker for the city (Maybe the citation could be attached to their driver's licenses) I have taken this suggestion to WAA (Washington Apartment Association) It was suggested we deal with it locally /have spoken with Andy Oakley as well who suggested working through the City Council Hope you can help with this► I'm sure every rental owner in the city would be supportive Thank -you for your attention to this matter, Connie Christman (377 -7850) From. Lori Smith on behalf of City Council Sent: Friday, April 12, 2013 9 48 AM To: City Council Cc: Patty Lent, Chal Martin, Andrea Spencer Subject: FW Property Owner Comments - In favor of Abandoned Properties Ordinance (Richard Sollom) Attn Council Members, Mayor Lent, DCD Director Andrea Spencer, and PW Director Chal Martin (FYI) Please see the letter below from Richard Sollom, and note that a copy will be included as part of the record From: Greg Wheeler Sent: Thursday, April 11, 2013 6:54 PM To: sollomr @comcast net Cc: City Council Subject: FW FYI Bremerton City Council meeting addressing abandoned properties Hi Richard, Thank you very much for your support I appreciate your feedback, not only for my performance as a Council member, but for issues that effect the City as well I will pass along your support for the upcoming Ordinance proposal regarding vacant and abandoned properties to the rest of the City Council, Mayor, Director of Community Development and Director of Public Works They will appreciate your input also. Thank you again for contacting me. Sincerely, Greg Lori, Please forward Mr. Sollom's email to the rest of the City Council, Mayor, Director of Community Development and Director of Public Works. Thank you, Greg ---- - - - - -- Forwarded message ---- - - - - -- From < sollomr @comcast net Date Thu, Apr 11, 2013 at 8 08 AM Subject Fwd: FYI Bremerton City Council meeting addressing abandoned properties To City Council Greg Wheeler < elect reg wheeler @gmail com Greg, 1 I have not written to you in a long time, Congratulations on your position with the city council, your doing a great fob and we appreciate it. You have a new ordinance coming for a vote to the council on abandoned homes in the city and we are for it We own a property at 209 -9th Street and have the three abandon houses on Washington next door to us and I have been afraid of fires, in which one did occur this last year and none of the owners are taking any steps to rebuild or tear down One of the buildings is within 12 inches of our building and I am afraid of it catching fire for our tenants sake and safety We all need to work together and eliminate these fire hazards from our neighborhoods We need to make opportunities for others that have the drive to rebuild or build new The currant owners are not being responsible citizens with there currant properties and there landscapes that are over grown year to year. They attract homeless people breaking in, along raccoons and rats which is a health hazard for all neighbors We appreciate your vote in favor of this ordinance to clean up and make a better Bremerton. You may share our email with the council Respectfully Richard Sollom From: "Margie" < proa@gwestoffice net Sent: Wednesday, April 10, 2013 3 38 49 PM Subject: FYI Bremerton City Council meeting addressing abandoned properties The Bremerton City Council is looking at a proposed ordinance regarding abandoned properties. Wednesday, April 10, 2013 Norm Dick's Building STUDY SESSION 5 OOPM, Council Conference Room The ordinance would mandate that any owner of an abandoned home in the city would have to register the property with the city, ensure its doors and windows are secure, have it inspected once a month and establish a 24 -hour emergency contact available when there are problems Failure to comply could lead to hefty fines, the amounts of which are still being ironed out 2 April 14, 2013 www.sustainabiebremerton.org Re: Ordinance 5215 Dear Bremerton City Council members, Sustainable Bremerton is writing to express strong support for Ordinance No 5215 - Abandoned Property Registration and Maintenance. We urge the City Council vote to pass this Important legislation. Healthy neighborhoods are the key to a livable and sustainable community When one home on a block is abandoned and falls into disrepair it can affect the entire neighborhood. A foreclosed, abandoned home in disrepair decreases adjacent home values, is an eyesore, and can be a hot spot for crime. We've seen how one `zombie home' in neighborhoods like Union Hill, Marlette, and Evergreen Park can hurt efforts for those neighborhoods to revitalize. We applaud the efforts of the City's Department of Community Development (DCD) to take action and hold Irresponsible owners including out of town landlords and financial Institutions accountable The City needs the tools to keep abandoned homes safe, sanitary and crime free. Please vote to pass this Ordinance in Its strongest enforceable form Sincerely, Sustainable Bremerton Shawn Dlnkuhn, President With the endorsement of: Geoff Wentlandt Sally Jo Martine Dino Davis Robin Henderson David Dlnkuhn Erik Painter Tamara Smith Taylor Niemy Alan Newberg Kathleen Kish- Hanson Colett and Brian Berna Justin Pearson Kelli Lambert Wendy McNeal Jeremy Southerland Katy Nightengale Chris Lee Christine Weber Davis Babs and Mike Miller SUSTAINABLE BREMERTON'S MISSION STATEMENT To encourage governments, agencies, businesses, and individuals to adopt policies and practices that transform the City of Bremerton into a recognized leader in environmental, economic, and cultural sustainabdity, providing a high quality of life for the citizens of Bremerton today and for future generations From: Lori Smith on behalf of City Council Sent: Wednesday, April 17, 2013 132 PM To: City Council Subject FW Council Member Comment - Supports Ordinance No 5215 (Nick Wofford) Nick, Thank you for providing your comments, which have been shared with the Council Members, and will be included as part of the record Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 ----- Onginal Message---- - From Nick Wofford Sent Wednesday, April 17, 2013 9 45 AM To City Council Subject Ordnance 5215 After reading the ordnance and the associated emails, if I were present, I would support passing ordnance 5215 Nick i From: City Council Sent: Wednesday, April 17, 2013 418 PM To: Chrysztyna Rowek Perry Subject: RE Proposed Ordinance Support ( Chrysztyna Rowek Perry) Ms Perry, Thank you for your letter, which I have provided to the Council Members for their review and consideration A copy will also be included as part of the official record Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 From: Chrysztyna Rowek Perry [ mailto:chrysztyna(&Iighthouse -cove coml Sent: Wednesday, April 17, 2013 4 09 PM To: City Council; Andrea Spencer Subject: Proposed Ordinance Dear Council Members, I had scheduled to be at the meeting this evening but unfortunately I will not be able to make it I wanted you to know that I did hear Andrea speak about the proposed ordinance at the last PROA board meeting, and am very interested in being a part of it, in whatever way is needed I believe that it is a very good idea to have an accounting of blighted properties, as well as someone in charge of their care, as having these unaccounted for creates all sorts of problems for our neighborhoods and our city If you have any questions, from a property management standpoint, that I can help you with, I would be more than happy to, dust let me know. Good luck at the meeting, I hope you have a great turnout Sincerely, Chrysztyna Rowek Perry RMP Owner/Managing Broker Lighthouse Cove Property Management 10049 Kitsap Mall Blvd Ste 106 Silverdale, WA 98383 360 - 698 -3829 - office 360 - 698 -0365 - fax 1