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HomeMy WebLinkAbout03/19/2014 AGENDA l jR CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 ** *AMENDED * ** MARCH 19, 2014 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. KITSAP CONFERENCE CENTER EXPANSION PROJECT UPDATE — Arne Bakker, Kitsap Conference Center General Manager 5. BPD BRIEFING — City of Bremerton Police Chief Steve Strachan 6. PUBLIC RECOGNITION 7. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — March 5, 2014 C. Minutes of Study Session — March 12, 2014 D. Authorization for Investment Grade Audit, Phase II for efficiency improvements at the Wastewater Treatment Facility E. Interlocal Agreement with Kitsap County Public Utility District for Fiber Optic Installation F. Collective Bargaining Agreement between the City of Bremerton and Teamsters Local 589; and the Management & Professional Employees 2014 Salary Schedule 8. GENERAL BUSINESS — There are no General Business items tonight... 9. PUBLIC HEARINGS 77 Final of 2 Public Hearings to approve Sub - concession and Future Assignment of the Olympic Soccer & Sports Center (OSSC) Concession Agreement to Keystone Financial Management, Inc. B. Public Hearing on Ordinance No. 5242 to adopt the "2014 Parks, Recreation, and Open Space Plan" 10. COUNCIL MEMBER REPORTS 11. 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. Vrodamation WHEREAS, service to others is a hallmark of the American character, and central to how we meet our challenges. The nation's mayors are increasingly turning to national service and volunteerism as a cost - effective strategy to meet city needs; and WHEREAS, national service participants address the most pressing challenges facing our cities, from educating students for the jobs of the 21st century and supporting veterans and military families to providing health services and helping communities recover from natural disasters; and WHEREAS, national service expands economic opportunity by creating more sustainable, resilient communities and providing education, career skills, and leadership abilities for those who serve; and WHEREAS, national service participants serve in more than 60,000 locations across the country, bolstering the civic, neighborhood, and faith -based organizations that are so vital to our economic and social well- being; and WHEREAS, national service represents a unique public - private partnership that invests in community solutions and leverages non - federal resources to strengthen community impact and increase the return on taxpayer dollars; and WHEREAS, national service participants demonstrate commitment, dedication, and patriotism by making an intensive commitment to service, a commitment that remains with them in their future endeavors; and WHEREAS, the Corporation for National and Community Service shares a priority with mayors nationwide to engage citizens, improve lives, and strengthen communities; and is joining with the National League of Cities, City of Service, and mayors across the country to recognize the impact of service on the Mayors Day of Recognition for National Service on April 1, 2014. NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton do hereby proclaim April 1, 2014 as National Service Recognition Day, and encourage residents to recognize the positive impact of national service in our city; to thank those who serve; and to find ways to give back to their communities. Signed this 19`" day of March 2014 Mayor Patty Lent ij I' � o •, .r ` � ° �C�. -,9 w` � .{ p rid }�.-`r'. ,CI•r i V F Yl� 'ly�l• `C rt e. 4cy'fl'. .i so. A ir le FRE of Family Ap ril 4th 2414 Spring Fair 11:30am to 3 0 Sheridan Park Recreatihn Center 680 Lebo Blvd. in Bremerton in Parbiership with Bremerton Parks and Reaudcm6 will host a free avow for c1til, dren md ftnilin of the Kitsap County am. I&m will be popcom cotton candy and a variety of prim 0 to play! Ph=* cam •elcome sping and celebrate with usill PcrWMI&W WbnWIon. pIemc*WMJuvdf r AIULK wlU W&I oVp orator. BmWk JsU►c&wq8 Phony 0" 173-2013 • KITS &P COMMUNITY A 4 Parhyrzko WkjPqk etsq�w EWA u& wwgy a Nor rmsmd by a* cusa sitapmAciomn :FM den &drftMD demearaMIL ceebw MWS&DOIDeftut Imbe bal=03m by Acaftc-W fta4m amcfxum cbgn arpmm fifedm wyc=ncr Mawr r ' Heart. 016, INS 1 &7 lr-j r ' 1 �r. � � �`�M I�jJ�� � I t .�. r -• r- I j ma=y � 1 ��:'St _ = J � ,r L The American Heart Association invites to celebrate National Walking Day you WEDNESDAY, APRIL 2, 2014 OR o , _ Cry o • 9 •. C LilalllJ 00 1 �. I I �J�:11_l �lyt•J� 1 I �O O � • � Lwom IMI ;I I I m. IFNC I 1 o, o r. l: .,.�:��rxelwawrx.ceo��.,r;asscr f 1U6E .; WASHI. IJNIVFSSM Ra OLYMPIC 17 I O or 1 _ M::r - ca READ`! youth wellness campus for Kindergarten AN(INEtT" ALIESI o w MMCH20 PO M YOWH WELLOSS CAMPUS GYM SO SO t 1 JOIN US FOR THESE FUN ACTIVITIES! BUILDING a PLANTING a BLOCKFEST READY! FOR KINDERGARTEN ACTIVITIES READ ALOUD P33 8l FREE BOOK GIVEAWAY FREE MUSIC TOGETHER CLASS This demonstration class begins at 5.30 and will last 30-45 minutes : depending on class size For children aged birth -5 years >t. More details at www.youthcampus org /springfling Questions? Contact info @youthcampus.org k& L9 �s Join us for a first look at the 31d Floor Expansion. PR OJECT ,CONFERENCE CENTER EXPANSION OPEN HOUSE I Utsa Coll erence Cenler P i 100 Washington Avenue - Bremerton, WA MARCH 20, 2014 @4-6PM Joint project with City of Bremerton, Kitsap Public Facilities District, Columbia Hospitality and Kitsap Transit. In conjunction with the 10th Year Anniversary of the Conference Center, the Official Ribbon Cutting with be May 8th! i I _ . - 7 ` � � • i K�1 1 - . _ I Il i � - -- �', •'^ � .. i L_ l COLUMBIA Hits cirr of BR�EMERTON Tir Kitsa Conference Center Expansion Pro Su Bremert The City of C olumbia Kitsap Transit • A r . Overview • Authorization to proceed: July 2013 /June 2013 • Consultant selection: Aug 2013 /July 2013 • Design /bid package preparation: Sep -Dec 2013 /Oct 2013 • Bid and Award: Jan -Mar 2014 /Nov 2014 • Construction: Apr -Oct 2014 /Dec —Mar 2014 • Completion: Nov 2014* /Mar 2014 • First Event March 13, 2014 • USS Stennis Hail and Bail • *city will pursue options to shorten this timeline II 1 Central - i \ I 1 P UGET SOUN B ALL R OOM r,JL� * ' , As T 1 � - t I I �. r G � ''��:,�• opt. F o Room STAIRS HALLWAYIRESTROOMIS ELEVATOR ENTRANCE FROM 4� MUSEUM FOUNTAIN FOUNTAIN ROOM PARK BALCONY ENTRANCE _ ENTRANCE �. Ka C3 15 � a�. scu / il. �. w w•�� w��ruAe� - i R 1 - LFA Meeting Meeting Storage In Ill HI i 1 1 � tr I -r 111. 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" �' BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT & YOU WISH YOUR NAME TO BE INCLUDED IN THE RECORD ss 1 70 vi Ala e �S REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL '7A CITY OF BREMERTON CITY COUNCIL seeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoeeeeeeeeeeeeeeeeeeseseeeeee SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: March 19, 2014 Department: Financial Services Presenter: Shannon Corin Phone: 473 -5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check #'s 357369 through 357562 and EFT's 13658 through 13697 in the amount of $2,303,114.44. 2) Regular Payroll for the pay period ending February 28, 2014 in the amount of $4,606.70. 3) Regular Payroll for the pay period ending March 15, 2014 in the amount of $679,687.15. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 No Presentation ❑ 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 ❑ Continue ❑ No Action Form Updated 01/25/13 AGENDA BILL 76 CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting — Study Session Date: N/A March 5, 2014 COUNCIL MEETING Date: March 19, 2014 Department: City Council Presenter: Greg Wheeler Council President Phone: (360) 473 -5280 SUMMARY: Attached is the summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 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 01/25/13 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 5, 2014 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 5, 2014, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Also present were City Attorney Roger Lubovich, City Clerk Shannon Conn, and Legislative Assistant Lori Smith. A COUNCIL BRIEFING was held to discuss General Council Business at 5 PM in the Council Conference Room At 5.30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Mike Sullivan followed by the invocation provided by Pastor Roger Hennigan of Apostolic Life Tabernacle. MAYOR'S REPORT — Mayor Patty Lent.. • Proclaimed March 12, 2014 as "Robert "Bob" Montgomery Day', and presented the proclamation to Mr. Montgomery • Thanked City Parks Maintenance Manager Tom Cressman for his attentive care of Ivy Green Cemetery, and also the volunteers who place American flags on the headstones of veterans; • Proclaimed March 2014 as "American Red Cross Month ", and presented the proclamation to Karen McKay Bevers West Sound Director of the American Red Cross, who accepted on behalf of all of the American Red Cross volunteers; • Announced the Grand Opening of the new Hospice of Kitsap County Thrift Shop located at 301 Pacific Avenue will be on Friday, March 7 at 5 00 PM; • Proclaimed March 16 to 22, 2014 as "Community Champions for Meals on Wheels Week', and presented the proclamation to Deborah Horn Executive Director of Meals on Wheels Kitsap, who encouraged everyone to become a "Champion for Meals on Wheels "; • Was pleased to report in January that the assessed property value of Bremerton increased by $2- million, and was dust as pleased to announce the assessed property value of Bremerton has increased by another $2- million for February, and • Encouraged everyone to attend the 23 Annual St Patrick's Day Parade on Saturday, March 15 beginning at 1000 AM in downtown Bremerton, and to support local businesses PUBLIC RECOGNITION Mike Walton Community Marketing Director of the Kitsap Family YMCA, provided an update on the events and activities at the "Y ", including the next YMCA Resolution Run & Walk on Sunday, April 6 beginning at 9 AM; "Girls on the Run of WestSound" on March 10 & 11, and the annual Spring -Break Camp beginning the week of March 31. Theresa Aubin Ahrens of Aubin Ahrens Photography urged the Council to reinstate the $20,000 funding from the Lodging Tax to Visit Kitsap. Adam Brockus stated that he too would like to see the $20,000 reinstated to the Visit Kitsap; provided an update from Olympia on the status of HB2580 to form a Marine Industries Task Force and HB1129 to fund a 3rd 144 -car ferry; and urged citizens to contact their legislatures to urge their support for these two bills. Deirdre McKeel agreed that funding should be provided to Visit Kitsap. Holly James of Kitsap Entrepreneurial Center also urged the Council to reinstate funding to Visit Kitsap. City Council Reg Mtg Minutes Wednesday, March 5, 2014 Page 2 of 4 CONSENT AGENDA 5A — Claims & Check Register Check Numbers 357190 through 357368, and EFT -13619 through EFT -13657 in the amount of $2,200,841.86, Regular Payroll for the pay period ending February 15, 2014 in the amount of $686,301.36; Regular Payroll for the pay period ending February 28, 2014 in the amount of $671,343 58, and Retiree Payroll for the pay period ending February 28, 2014 in the amount of $55,220.99 513 — Minutes of Meeting — February 19, 2014 5C — Minutes of Study Session — February 26, 2014 5D — Resolution No. 3213 to establish April 2, 2014 as a public hearing date to vacate a portion of the Adele Avenue right -of -way at the Bertha Avenue intersection 5E — Sole Source Purchase for a 2014 Ford F -550 Maintenance Truck from Cobalt Truck Equipment for the Wastewater Treatment Plant and Sewer Pump Stations 5F— Contract with SMS- Supenor Maintenance Solutions for Arterial Street Sidewalk Landscape Maintenance 5G — Contract with Action Services Corporation for Hot Applied Street Traffic Markings 5H — Resolution No. 3214 to authorize investment of City monies in the Local Government Investment Pool 51— Staffing Adjustments to the Financial Services Department Bob Dollar referred to Item 5F, and expressed disappointment that the City Council was not allowing citizens to learn more about the contract Deirdre McKeel referred to item 5G, and asked for clarification on the funding for the contract, with a response provided by Chal Martin 06:12:55 Motion was made by Younger and seconded by McDonald . Comments and questions were then provided by Runyon, Daugs, Davis, and Younger, with responses provided by Mr. Martin 06:20:40 M /S /C (Younger /McDonald) Move to approve the CONSENT AGENDA as presented Voted in favor of Motion: Sullivan, Daugs, McDonald, Davis, Younger, Wheeler Voted opposed to Motion: Runyon Motion carried 6 -Yes; 1 -No GENERAL BUSINESS — There were no General Business items tonight PUBLIC HEARINGS 7A —1 OF 2 PUBLIC HEARINGS TO APPROVE SUB - CONCESSION AND FUTURE ASSIGNMENT OF THE OLYMPIC SOCCER & SPORTS CENTER (OSSC) CONCESSION AGREEMENT TO KEYSTONE FINANCIAL MANAGEMENT, INC.: Jeff Elevado Parks & Recreation, explained that the Olympic Soccer & Sports Center, LLC (OSSC) has operated the indoor soccer facility at Pendergast Park under a Concession Agreement for the property with the City since 2001 OSSC has expressed a desire to grant a sub - concession for the operations of the facility to Keystone Financial Management, Inc. Keystone intends to raise money through private investors to purchase the buildings and improvements by the conclusion of the 3 -year Sub - concession term, at which time OSSC would assign the Concession Agreement to Keystone. City Council approval is required for the proposed Sub - concession and Future Assignment of the Concession Agreement. Ownership of the underlying property upon which the improvements are located does not change and will remain with the City President Wheeler opened the public hearmg ... Comments from the public were provided by Sunn Wheeler City Council Reg Mtg. Minutes Wednesday, March 5, 2014 Page 3 of 4 With no further public comments, President Wheeler closed the public hearing. There were no questions or comments by the City Council. No action would be taken until the second hearing, scheduled for March 19, 2014. 7B — PUBLIC HEARING TO APPROVE ORDINANCE NO. 5241 TO REVOKE THE WHEATON- RIDDELL DISTRICT CENTER SUBAREA PLAN Andrea Spencer Community Development Director, summarized that on October 3, 2007, the City Council passed Ordinance No 5205, which adopted the Wheaton - Riddell District Center Subarea Plan Since the time of plan adoption, there have been limited economic activities within this District Center, and the activities that have occurred have been for building reuse, without any significant new building construction On February 18, 2014, the Planning Commission held a public workshop to discuss the success of the subarea plan The Commission made a determination that the regulations in the subarea plan are an impediment to investment in redevelopment of this Center The Commission committed to a work program in 2014 to develop a recommendation for revised zoning standards to implement the City's Comprehensive Plan that facilitates redevelopment of the District Center. In the meantime, the Commission has recommended immediate revocation of the adopted subarea plan Until such time as the Council adopts revised zoning for this District Center, the zoning of the site will revert to that which was in place prior to the subarea plan adoption in 2007 President Wheeler opened the public hearing . Comments ►n favor of this action from the public were provided by Priscilla Bailey. Tom Remick and Mike Benefiel With no further comments, President Wheeler closed the hearing to the public, and opened discussion to the City Council . 06:33:44 Motion was made by Davis and seconded by Runyon.. Questions and comments were then provided by Davis, Daugs, Sullivan, Runyon, McDonald, and Younger. with responses provided by Ms. Spencer who also clanked that once the Subarea Plan was revoked, the original zoning code for this area would automatically be in effect and that there would be no conflict with the City's Comprehensive Plan. . 06:40:20 M /S /C /U (Davis /Runyon) Move to pass Ordinance No 5241 revoking the Wheaton - Riddell District Center Subarea Plan that was adopted by Ordinance No 5025 COUNCIL MEMBER REPORTS Mike Sullivan reported on his attendance at a recent meeting of the Kitsap Transit Planning Sub Committee, where he was also nominated to be the Chair, and was privileged to participate on a panel to interview candidates for Fire Captains and Battalion Chiefs Leslie Daugs announced that Kitsap Habitat for Humanity was accepting applications for low- income home ownership, which can be obtained by calling (360) 473 -3853 or e-mail familyservices (�kitsaphabitatforhumanity orq Jerry McDonald announced that both downtown Bremerton and Manette would be hosting First Friday Art Walks this week, encouraged participants to register ahead of time by calling (360) 471 -7803 or e- mail gshulz(aDstrategyrealestate.net for the 23 Annual St Patrick's Day Parade that will be held on Saturday, March 15 beginning at 10:00 AM in downtown Bremerton, and announced the next Roger Brooks webinar would be on Monday at 6 PM at McCloud's Grill House Dino Davis announced that also on Saturday, March 15 volunteers were welcome to participate in the monthly cleanup of Forest Ridge Park from 9:00 AM to Noon City Council Reg Mtg. Minutes Wednesday, March 5, 2014 Page 4 of 4 Roy Runyon provided a heartfelt thank you to the Bremerton Fire Department and Bremerton Police Department, specifically Sgt. Billy Renfro, Officers Bryan Hall, and David Hughes for saving two teenage girls from a recent early morning house fire, thanked the volunteers who helped clean -up the right -of- way along 19' Street in Anderson Cove; and announced a new Facebook page titled "City of Bremerton Citizen's Watch ", which he clarified is not an official City of Bremerton page, but is a place for citizens to express their comments and state their views. Eric Younger hoped the City administration would quickly address the social media issue because he believes it will help to get the flow of communication going, and would like the Council to think about having a future discussion to determine an "identity" for Bremerton, agree on what are we striving to become, and what direction do we want to go as a City? Greg Wheeler appreciated the work by citizens who volunteer to serve on City boards, committees, and commissions; encouraged all citizens to visit the City of Bremerton webpage at www ci bremerton wa us to see the important work being done by the City's Parks Commission and Planning Commission, and to even consider volunteering themselves to serve on one of these Boards With no further business, he adjourned the Council Meeting at 6 50 PM PreAared and Submitted by C_ LORI SMITH Legislative Assistant Attest - SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW SC Is.cg AGENDA BILL CITY OF BREMERTON 7C CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeesaeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeee� SUBJECT: Minutes of Study Session — Study Session Date: N/A March 12, 2014 COUNCIL MEETING Date: March 19, 2014 Department: City Council Presenter: Greg Wheeler Council President Phone: (360) 473 -5280 SUMMARY: Attached is the summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 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 01/25/13 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, March 12, 2014 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 6 1 Street, Bremerton, Washington, Wednesday, March 12, 2014, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Council Member Eric Younger was absent. Christine Grenier, Council 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 March 19, 2014 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED — The following items are budgeted items or have been reviewed by the appropriate Council Committee... 1. Authorization for Investment Grade Audit, Phase II for efficiency improvements at the Wastewater Treatment Facility (Consent Agenda) 2. Interlocal Agreement with Kitsap County Public Utility District for Fiber Optic Installation (Consent Agenda) 3. Sub - concession and Future Assignment of the Olympic Soccer & Sports Center (OSSC) Concession Agreement to Keystone Financial Management, Inc. (2 Public Hearings) B. BRIEFINGS & FULL PRESENTATIONS 4. Proposed Public Hearing on an Ordinance to adopt the "2014 Parks, Recreation, and Open Space Plan" (Public Hearing) C. GENERAL COUNCIL BUSINESS o Public Works Committee Briefing (314114 Meeting) —Dino Davis, Chair o Public Safety and Parks Committee Briefing (3112114 Meeting) — Leslie Daugs, Chair o Other General Council Business was discussed. D. EXECUTIVE SESSION President Wheeler announced that the Council will be holding for 5- minute Executive Session to discuss "Potential Litigation" per RCW 42.30.110 (1)(i) and action is anticipated. The Executive Session was then extended for an additional 5- minutes. Assistant City Attorney Mark Koontz updated the Council on the status of a nuisance property and requested action from the Council to bring a lawsuit against the owner for an abatement and eviction order. 06:40:00 (Sullivan /Runyon) M /S /C /U Move to authorize the City Attorney to file a lawsuit related to the nuisance property at 233 Elm Street, Bremerton, Washington. With no further business, President Wheeler adjourned the Council Study Session at 6:43 PM. City Council Special Meeting Minutes Wednesday, March 12, 2014 Page 2 of 2 Prepared and Submitted by: & CHRISTINE GRENIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL ID CITY OF BREMERTON CITY COUNCIL eeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Authorization for Investment Study Session Date: March 12, 2014 Grade Audit, Phase II for efficiency COUNCIL MEETING Date: March 19, 2014 improvements at the Wastewater Treatment Department: Public Works Facility Presenter: Martin Phone: 473 -5758 SUMMARY: The Energy Services Performance Contracting (ESPC) Program is a capital improvement procurement process managed by the State Department of Enterprise Services for the purpose of increasing energy efficiency of public facilities. In 2013, through this process, Bremerton was able to tap grant funding and PSE energy rebate funding to replace the City's aging and inefficient primary effluent pumps at the wastewater treatment plant. Additional funding is available for this program in 2014. Our staff has been working with Trane, our ESPC company, and we have defined a Phase II proposal involving five energy conservation measures outlined in the audit proposal. The ESPC process is initiated with an investment grade audit. The audit provides the foundational information necessary to determine whether to proceed with the project, and also provides the basis for grant funding. If the city subsequently decides not to pursue the project, this expense will not be reimbursed. But the preliminary research indicates another good opportunity here. ATTACHMENTS: 1. Audit Proposal 2. Funding Approval Letter, Department of Enterprise Services 3. Authorization to Proceed FISCAL IMPACTS (Include Budgeted Amount): The cost of the investment grade audit is $69,795 plus applicable sales tax. Funding will come from the Wastewater Capital Fund, 2014 line item 'Wastewater Treatment Plant Improvement Program." STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Motion to authorize the Investment Grade Audit for energy efficiency improvements at the wastewater treatment plant, 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 Form Updated 01/25/13 TAME City of Bremerton, IVA. Phase RIGA Proposal February 24, 2014 Mr. Doug Kilpatrick Department of Enterprises Services 1500 Jefferson Street SE PO Box 41476 Olympia, WA 98504 -1476 SUBJECT: Detailed Investment Grade Audit Fee Proposal The City of Bremerton — Phase 11 Wastewater Treatment Facility Dear Doug, We are pleased to submit this Investment Grade Audit Proposal for Energy Efficiency and Operational Improvements at the City of Bremerton Wastewater Treatment Facility. TRANE will provide Investment Grade Audit (IGA) level engineering services, project development, cost estimating including contractor proposals, energy savings calculations, pre - retrofit measurements and verification, coordination with the utility provider for available incentives, coordination with Commerce if grant programs are applicable and coordination with the City of Bremerton for the subject project in accordance with the following: TRANE will undertake a detailed IGA of the Facility. The primary focus of the IGA includes the elements listed below to assemble a project that achieves the operational and financial goals of the City of Bremerton, and assists with local utility provider and Commerce grant applications. Primary IGA Focus/Scope of Work 1. Scope of Work a. Procure and manage sub - consultant b. Provide approximately 30% design drawings for each Energy Conservation Measure (ECM) that locates proposed equipment, shows preliminary equipment selections and communicates project intent. Anticipated 30% design documents to be produced are: 1. Site plan with existing equipment locations ii. Mechanical, Electrical, Structural demolition and installation plans ill. Preliminary P81D diagrams iv. Electrical one -line diagrams c. ECM -1 Replace Return Activated Sludge (RAS) Pumps & Eddy Current Drives. The intent of this ECM is to accomplish the following: L Replace (3) existing 50HP RAS Pumps and Eddy Current Drives with (3) new 35HP Flygt submersible pumps complete with bases, VFDs and modifications to the MCC. ii. Revise pipe headers, piping connections, add control valves, automation and flow meters as required. City of Bremerton, WA. Phone RIGA Proposal Ili. Update controls programming and graphics, remove the existing control cabinet to accommodate the new VFDs. ECM -2 Replace Aeration Blower AB1 or AB4 The intent of this ECM is to accomplish the following: 1. Replace (1) existing 200HP Blower with (1) 1001-11? Neuros Turbo Blower to give the City the operational flexibility to vary airflow based on aeration demand. if. Revise pipe headers, piping connections, add control valves. automation and flow meters as required. Ili. Update controls programming and graphics. ECM -3 Replace Headworks Fan The intent of this ECM is to accomplish the following: i. Replace (1) existing 50HP Centrifugal fan with (1) 20HP Direct Drive Fan and VFD to provide system redundancy. If. Update controls programming and graphics ECM-4 Replace Bio- Filter Fan The intent of this ECM is to accomplish the following: Ili. Replace (1) existing 25HP Centrifugal fan for (1) 10HP Direct Drive Fan and VFD to provide system redundancy. iv. Update controls programming and graphics ECM -5 The intent of this ECM is to accomplish the following: 1. Replace (1) existing 10HP Sludge Loading Pump with (2) new sludge loading pumps to provide better mixing in the digesters. This will create more methane and will keep more grit in suspension. if. Update controls programming and graphics 2. Energy Savings Calculations, Incentive /Grant Coordination a. Calculate energy savings for each of the ECMs b. Create pre- and post - retrofit measurement and verification (MTV) plans c. Implement pre - retrofit M&V activities (measurements and trending) d. Coordinate with local utility provider regarding applicable incentives e. Coordinate project development with applicable Commerce grant timelines and support the City of Bremerton's grant submission 3. Cost Estimating a. Coordinate subcontractor site visit, supplement 30% design documents as required b. Create RFP documents as required, receive and review proposals, determine costing per trade 0 7'R WN' City ofBremerton, WA. Phase IIIGA Proposal 4. Pre- Construction a. Subcontractor /vendor coordination post - Energy Services Proposal and in advance of the Notice to Proceed b. Develop construction schedule with the City of Bremerton c. Contract creation and routing d. Review construction logistics with the City of Bremerton, create temporary services/outage plan, obtain necessary permits, create disconnect/ installation plan, new equipment rigging, rentals /crane picks, etc. e. Develop preliminary safety plan and identify safety requirements for the RFP 5. Financial Analysis Review of project scenarios with the City of Bremerton, TRANE and DES. The intent is to review first cost, confirm cash flow inputs (energy/ operational savings, capital cost avoidance, other) and operational impact of the total scope. 6. Regular check -in and design review meetings with the DES and the City of Bremerton as required. TRANE will present to the City of Bremerton a written Energy Services Proposal (ESP), including the IGA Documentation. The Energy Services Proposal will set forth at least the following: 1. A description of the Facility and a description of those buildings and systems which will receive TRANE- provided Equipment and /or TRANE- provided Services. 2. The Cost Effective ECM(s) to be installed or caused to be installed by TRANE under the cost effectiveness criteria of generating a positive cash flow within the life of the equipment. The cost effectiveness calculation will be (Total GMAX Project Cost — Capital Avoidance — Utility Incentives — Commerce Grant) / (Annual Energy + Operational Savings) 3. The scope of work documents created during the IGA phase for the Cost Effective ECM(s) to be installed or caused to be installed by TRANE and a description of the ECM(s) analyzed but disqualified by the City of Bremerton. 4. The services that TRANE will perform on or in the Facility, or surrounding Facilities, including but not limited to engineering, construction management, the operations and maintenance procedures for use on TRANE- provided Equipment, training for Facility personnel, providing warranty service, and equipment maintenance. 5. The Maximum Allowable Project Cost 6. Recommendations for replacement of Existing Equipment, along with recommendations for improvements to Existing Equipment and Operating Conditions. 7. The Baseline Energy Consumption for the Facility, including the data, methodology and variables used to compute the Baseline, and the Baseline calendar period which will not be less than twelve (12) months. 3 pR/I NN* City ofBremertaa, WA. Phase RIGA Proposal 8. The estimated Energy Savings and Energy Cost Savings that are expected to result from the installation of TRANE- provided Equipment and from TRANE- provided Service and an explanation of the method used to make the estimate. 9. The method by which Energy Savings and Energy Cost Savings will be calculated during the term of the Energy Services Agreement 10. A description of how the Energy Cost Savings will be guaranteed by TRANE 11. A description of how TRANE proposes to be compensated 12. The term of the Energy Services Agreement 13. The Termination Value for each year during the term of the Energy Services Agreement 14. The schedule for project completion City of Bremerton Requirements: 1. Provide access to record drawings, O&M data, submittals, startup/TAB reports, etc. as required in order to allow TRANE to fully develop the baseline operation of the existing systems to be studied. 2. Provide access to 36 months of historical utility data 3. Provide access to staff with knowledge of history and operation of the systems to be studied as part of this IGA 4. Provide access to the site, buildings and systems to be studied as required 5. Provide access to the City of Bremerton stakeholders during the IGA phase Terms and Fee for Investment Grade Audit Services: Fixed Fee for IGA Services: $69,795 + taxes The cost of this Investment Grade Audit will be rolled into the final cost of the project should the City of Bremerton proceed with implementation of the subject project. Should TRANE complete the IGA scope outlined above and identify a scope of work that meets the Cost Effectiveness requirements identified above, and the City of Bremerton chooses not to implement subject project with TRANE, the City of Bremerton will reimburse TRANE the entire IGA fee within 60 days after the submission of the Energy Services Proposal (ESP). If TRANE is unable to identify a scope of work that meets the identified Cost Effectiveness requirements (cash flow positive within the life of the equipment), the City of Bremerton will not be financially obligated to TRANE for this Investment Grade Audit. Cost Effectiveness Criteria: The cost effectiveness criteria for this IGA is divided into two categories, Technical and Financial. Trane will provide the following to the City of Bremerton as part of the IGA and future construction of selected ECM's. 1. Technical: Use vendors and equipment specified by the City, risk transfer to Trane, guaranteed maximum price and minimum energy savings identified prior 4 TRAW City of Bremerton, WA. Phase H IGA Proposal to construction start, replace aging infrastructure, improve plant operation and reduce maintenance burden. 2. Financial: Reduce energy cost, achieve positive cash flow within expected equipment life using capital avoidance, applicable incentives /grants, and energy and operational savings. For reference, the cost effectiveness calculation will be (Total GMAX Project Cost — Capital Avoidance — Utility Incentives — Commerce Grant) l (Annual Energy + Operational Savings). Schedule for IGA Services: Substantial completion of all portions of the IGA will be within 75 days of Notice to Proceed from the DES, to allow for full completion by the next Dept. of Commerce Grant Application deadline (to be announced) in order to assist the City of Bremerton in submitting the Department of Commerce Grant application. We at TRANE appreciate the opportunity to provide these services. If this proposal for Audit Services is satisfactory, please forward contract documents. incerely, ��nn hr Angi stey Comprehensive Solutions Account Manager TRANS 2333 158th Court NE Bellevue, WA 98008 5 STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES 1560 Jefferson St SE, Olympia, WA & 1 8501 PO Box 41476 Olympia. WA 98504 -1476 March 4, 2014 TO: Chal Martin, City of Bremerton FROM: Kim Obi, Contracts Specialist, (360) 407 -8273 RE: Agreement No. 2013 -111 B (2) Bremerton W WTP Phase 2 Trane U.S., Inc. SUBJECT: Funding Approval The Department of Enterprise Services, E &AS, requires funding approval for the above referenced contract document(s). The amount required is as follows: Energy Audit and Energy Services Proposal $ 69,795.00 Total $ 69,795.00 In accordance with the provisions of RCW 43.88, the signature affixed below certifies to the Facilities Division, Engineering & Architectural Services that the above identified funds are appropriated, allotted or that funding will be obtained from other sources available to the using client/agency. The using/client agency bears the liability for any issues related to the funding for this project. B Name / Title Date Please sign and return this form to E &AS. If you have any questions, please call me. ENERGY SERVICES AUTHORIZATION NO. 2013-111 B (2) Detailed Investment Grade Energy Audit & Energy Services Proposal City of Bremerton Waste Water Treatment Plant Phase 2 March 4, 2014 MASTER ENERGY SERVICES AGREEMENT NO. 2011 -169 The Owner and the Energy Services Company (ESCO) named below do hereby enter into this Authorization under terms described in the following sections: Authorization to Proceed Project Conditions Compensation for Energy Services I. AUTHORIZATION TO PROCEED: Energy Services Company: Owner: Trane U.S., Inc. City of Bremerton Comprehensive Solutions Group acting through the 2333 158 Court NE Dept. of Enterprise Services, Facilities Division Bellevue, WA 98008 Engineering and Architectural Services Telephone No. (425) 586 -1618 PO Box 41476 Fax No. (425) 643 -4314 Olympia, WA 98504 E -Mail eric.manchion(atrane.com Telephone No. (360) 902 -7272 By By Name Name William J. Frare, P.E. Title Title Public Works Administrator Date Date State of Washington Contractor's License No. TRANS * *934RE State of Washington Revenue Registration No. 409 002 086 Federal Tax Identification No. 25- 0900465 MWBE Certification No. II. COMPENSATION FOR ENERGY SERVICES: Name of Facility COMPENSATION Energy Audit and Energy Services Proposal $ 69,795.00 Design $ 0.00 Construction Management $ 0.00 Overhead and Profit $ 0.00 Measurement and Verification — Year 1 $ 0.00 Measurement and Verification — Years 2 through 3 $ 0.00 Grand Total (plus WSST as applicable) $ 69,795.00 Authorization No. 2013 -111 B (2) Page l of 2 III. PROJECT CONDITIONS: The Project Conditions contained in the Master Energy Services Agreement will be used unless specifically changed herein. IV. SCOPE OF WORK: Per the fee proposal dated February 24, 2014 conduct a Detailed Investment Grade Energy Audit of City of Bremerton, Waste Water Treatment Plant, to identify cost effective energy conservation measures and present a written Energy Services Proposal, including all energy audit documentation. The ESCO shall prepare the final Energy Services Proposal, detailing the actual energy services and ESCO equipment to be provided, energy savings and cost guarantees, measurement and verification plans, and commissioning plans for the proposed measures. Measures will include items that save energy, water and other resources. The Cost Effectiveness Criteria for this project shall be as established in the Master Energy Services Agreement or as modified in Section III above. V. SCHEDULE FOR COMPLETION Final completion of the Energy Audit within 75 calendar days after Authorization to Proceed. 2013111Bagrko Authorization No. 2013 -111 B (2) Page 2 of 2 AGENDA BILL 76 CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeereeeeeeereeeeeeeeaeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeereeeeeeeee SUBJECT: Interlocal Agreement with Study Session Date: March 12, 2014 Kitsap County Public Utility District for COUNCIL MEETING Date: March 19, 2014 Fiber Optic Installation Department: Public Works and Utilities Presenter: K. Cahall, Water Resources Manager Phone: 473 -2315 SUMMARY: The Kitsap County Public Utility District (PUD) and the City of Bremerton have developed fiber optic technology systems, resources, and facilities capable of being shared with the other for the mutual benefit of their citizens. Sharing specified fiber optic infrastructure can more effectively utilize resources which will result in savings. This mterlocal agreement sets forth the terms and conditions for PUD and Bremerton to construct and share fiber optic and information technology services, equipment, and infrastructure to achieve economies and efficiencies to perform their respective responsibilities consistent with legal requirements applicable to municipally owned or operated facilities and infrastructure. ATTACHMENTS: Interlocal Agreement with Kitsap County Public Utility District FISCAL IMPACTS (Include Budgeted Amount): No direct costs. Agreement will provide for possible future cost savings. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Cooperative Agreement for fiber optic installation between KPUD and the City of Bremerton and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as contained in the proposed Interlocal Agreement. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 INTERLOCAL AGREEMENT BETWEEN PUBLIC UTILITY DISTRICT NO.1 OF KITSAP COUNTY AND CITY OF BREMERTON FOR SHARING FIBER OPTIC AND INFORMATION TECHNOLOGY SERVICES AND INFRASTRUCTURE 1. Parties. THIS INTERLOCAL AGREEMENT ( "Agreement ") is made and entered into on the date referenced on the signature page by and between City of Bremerton ( "COB ") and Public Utility District No. 1 of Kitsap County ( "PUD "). Both of these parties are municipal corporations organized under the laws of the State of Washington and make this Agreement pursuant to the Interlocal Governmental Cooperation Act, RCW 39.34. 2. Purpose of Agreement. This Agreement sets forth the terms and conditions for PUD and COB to construct and share fiber optic and information technology services, equipment and infrastructure. PUD and COB have developed fiber optic and technology related systems, resources and facilities capable of being shared with the other for the mutual benefit of their citizens. It is the goal of both parties to develop appropriate arrangements to achieve certain economies and efficiencies available upon cooperation with each other to perform their respective responsibilities, and to make fiber optic and technology systems available to each other and to their citizens consistent with legal requirements applicable to municipally owned or operated facilities and infrastructure. Both parties have determined that sharing specified fiber optic and other systems and infrastructure will more effectively use the resources of both parties and provide economies of scale, which will result in savings to the parties and their citizens. 3. Joint Access to Telecommunications Facilities. The parties agree to provide access to telecommunications transmission facilities owned by each other such as underground conduit and overheard transmission facilities. A party desiring access to these facilities shall provide a written request to the other requesting access. The terms and conditions of the access shall be determined on a case -by -case basis. The party providing the access shall provide the terms and conditions for such access. 4. Sharing of Fiber Optic Cable and Conduit. The parties agree that on a case -by -case basis they will share and generally use fiber optic cable and conduit having excess capacity to enable the parties to avoid over - building, duplication of fiber optic infrastructure, and minimize costs when common trench lines can be used. These sharing arrangements shall be negotiated on a case -by -case basis. 5. Initial Agreements. This Agreement memorializes the following existing sharing arrangements agreed upon by the parties: (a) Oyster Bay to Division Street Patch Panel. PUD has provided COB four dark fibers from its existing fiber cable from the Oyster Bay Public Works Facility in Bremerton to the Division Street Splice Case in Gorst. This dark fiber was provided in consideration for Bremerton providing dark fiber identified in the subsequent paragraph. Page 1 of 5 (b) Division Street to McKenna Falls. Bremerton has provided four dark fibers to PUD from its 144 strand fiber optic cable in place between the Division Street Splice Case in Gorst and its present terminating location at McKenna Falls. (c) Norm Dicks Government Center (NDGC) and Fire Station 1. In exchange for the PUD to be able to access the NDGC via COB conduit, PUD provided four strands of dark fiber between NDGC and COB Fire Station 1. 6. Potential Future Cooperative Proiects. For future cooperative fiber projects, the PUD and COB will determine and agree upon the following issues for the projects: • Location of cooperative project • Number of fibers allocated to each party • Entity responsible for providing the conduit • Entity responsible for installing the conduit • Entity responsible for providing the fiber • Entity responsible for installing the fiber • Entity responsible for operation and maintenance • Ownership COB's Director of Public Works & Utilities is authorized to establish, approve and administer future cooperative fiber projects under this Agreement on behalf of COB pursuant to applicable COB codes and policies. The following projects currently under consideration are examples of potential future cooperative fiber projects between PUD and COB: (a) Fiber Cable Extension to Cellular Site. COB agrees to allow PUD to use COB conduit existing between Bremerton Pump Station 8 to Reservoir 23 to install fiber optic cable. PUD agrees to convey fiber cables to COB by bill of sale at no charge to COB. The conduit located between Pump Station 8 and Reservoir 23 currently contains six - strand multi -mode fibers which Bremerton agrees can be replaced and used by PUD for installation of the new fiber. PUD will require an easement for use of its conduit and for the continuation of this fiber optic cable installation from Reservoir 23 to the cellular site. PUD would be responsible for installation of the conduit and fiber from Reservoir 23 to the cellular site. (b) Fiber Cable Extension McKenna Falls to Casad Dam (c) Fiber from Pump Station 8 to Oyster Bay Operations Center. (d) Bremerton Booster Station 10 at the Port of Bremerton. (e) PS 2 at Anderson Creek. Page 2 of 5 7. Operation and Maintenance. Operation and maintenance responsibilities will be identified for each joint project. Each party agrees to maintain its own conduit and each party agrees to maintain its own equipment ancillary to the fiber sharing provided pursuant to this Agreement. 8. Real Property. Any conveyance of real estate or interests in real estate will be conducted pursuant to existing policies of the PUD and COB. 9. Indemnification. Each party shall defend, indemnify and hold the other party, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE PARTIES' WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In addition, PUD agrees to indemnify, defend, and hold COB harmless from any claims that the work to be performed pursuant to this contract is outside of the existing easements in favor of COB, including, but not limited, to a water easement granted to COB by the Five C's partnership. Should it be determined that PUD requires additional easements for the activities to be performed pursuant to this agreement, PUD agrees it shall obtain its own easements at PUD expense. COB agrees to promptly tender any such claims to PUD for resolution. Any costs incurred by the COB in such a challenge, including defense costs, shall be paid by PUD. 10. Sharing of Hand Holes. During construction and installation activities by PUD using existing COB conduit or newly installed conduit, PUD agrees to provide hand holes constructed per specifications provided by COB. COB shall inspect and approve these hand holes upon their completion. Use of the hand holes will be shared equally by the parties to access their respective fiber optic cable contained within the conduit. 11. Term of Agreement. This Agreement shall become effective on , 2014 and shall be effective for ten years from the date of this Agreement ( "Initial Term "). This Agreement shall automatically be renewed for two successive five -year periods, unless written notice of termination is given by either party at least 30 days prior to the termination of Initial Term or its renewals. Failure of either party to notify the other of such termination on or before that date shall cause this Agreement to automatically be renewed. After the Initial Term and during any renewal term, either party may terminate this Agreement upon 180 days prior written notice. Upon termination, both parties are granted the option of removing their improvements or selling them to the other. The dark fiber swaps and easement conveyances are not terminable. Page 3 of 5 12. Governing Law and Venue. If any dispute arises between the Parties under any of the provisions of this Agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of Kitsap County Superior Court, Kitsap County, Washington, unless otherwise agreed. 13. Insurance. Each party shall have in full force and affect, and continue to maintain in full force and affect, all insurance policies currently in place for property and liability coverage. 14. No Separate Entity /Administration. The parties do not intend to create any new or separate legal or administrative entity by this Agreement. No separate fund shall be established. It is not contemplated that any property, real or personal, will be acquired by either jurisdiction separately or jointly as a result of this Agreement. 15. Non - Discrimination The parties shall not discriminate in any manner related to this Agreement on the basis of race, color, national origin, sex, sexual orientation, religion, age, marital status or disability in employment of the provision of services. 16. Severability. If any provision of the Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of all parties. 17. Entire Agreement. This Agreement constitutes the entire agreement between parties. Any modifications or amendments to this Agreement shall be in writing and shall be signed by each party. 18. Compliance with RCW 39.34.040. Pursuant to RCW 39.34.040, this Agreement shall be filed with the Kitsap County Auditor or alternatively, listed by subject on the public web site of the parties hereto or on other electronically retrievable public source. DATED this day of , 2014 CITY OF BREMERTON PUBLIC UTILITY DISTRICT NO.1 OF KITSAP COUNTY _ � / L4 ° ,d Mayor oPrident, Board of Commissioners ATTEST: AT T: City Clerk Sec etary, V6ard of ommissioner Page 4 of 5 APPROVED AS TO FORM APPROVED AS TO FORM 1 Roger A. Lubovich William H. Broughto City of Bremerton Attorney Kitsap PUD Attorney R:\Lega1\Lcgal \Contracts\PUBLIC WORKSU014 PUD ILA- Finai.docx Page 5 of 5 AGENDA BILL 7F CITY OF BREMERTON CITY COUNCIL SUBJECT: Collective Bargaining Exempt Closed Session Date: February 19, 2014 Agreement Between the City of COUNCIL MEETING Date: March 19, 2014 Bremerton and Teamsters Local 589; Department: Legal /HR Division and Management & Professional Presenter: Charlotte Belmore Employees 2014 Salary Schedule Phone: (360) 473 -5926 SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the Teamsters Local 589 resulting in the attached Collective Bargaining Agreement and a Memorandum of Understanding (MOU) for reopeners on wages and insurance benefits for 2015. The Collective Bargaining Agreement and MOU have been ratified by the Teamsters membership. Per BMC 2.50.031, The City Council shall provide for adjustments to salary band levels as are consistent with the Council's CPI salary adjustment policy each year. This would include a 1.5% wage adjustment for Management & Professional Employees. ATTACHMENTS: A MOU and Collective Bargaining Agreement between the City of Bremerton and the Teamsters Local 589; and a 2014 Salary Schedule for Management & Professional Employees. FISCAL IMPACTS (Include Budgeted Amount): The fiscal impact of approving the Teamsters Collective Bargaining Agreement and a 1.5% wage adjustment for Management and Professional Employees for 2014 is estimated to be $225,136. A budget amendment to the 2014 budget in the amount of $225,136 will be required to fund the agreement and provide for a 1.5% wage adjustment for Management and Professional Employees. EXEMPT CLOSED SESSION AGENDA: ❑ No Discussion © Full Presentation EXEMPT CLOSED SESSION ACTION: ❑- Consent Agenda ❑General Business ❑Public Hearing RECOMMENDED MOTION: Move to (1) approve the MOU and Collective Bargaining Agreement between the City of Bremerton and the Teamsters Local 589; (2) Approve a 1.5% wage adjustment for Management & Professional Employees for 2014; and further authorize the Mayor to finalize and execute the MOU and Collective Bargaining agreement in substantially the same form as presented, and make the necessary amendment in the amount of $225,136 to the 2014 budget. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 MEMORANDUM OF UNDERSTANDING This letter of understanding is agreed to pursuant to Article 26.2 of the Labor Agreement by and between the City of Bremerton and the General Teamster's Local 589. The Collective Bargaining Agreement covers the period of January 1, 2014 through December 31, 2015. However, the City and the Union agree to the following: • The City and the Union agree they will reopen negotiations no later than August 2014 for the following articles only: • Article 5 — Wages for 2015 (entire article) • Article 14 — Insurance Benefits (entire article) The above agreement is non - precedent setting and shall not be deemed to bind any party to take similar action in any subsequent matter. The remaining provisions of this Agreement shall remain in full force and effect. Dated this day of 9 2014. FOR THE CITY OF BREMERTON FOR THE TEAMSTER'S LOCAL 589 PATTY LENT MARK FULLER Mayor Secretary /Treasurer COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND GENERAL TEAMSTERS LOCAL UNION NO. 589 .- ,'y, fix :`x January 1, 2014 through December 31, 2015 TABLE OF CONTENTS TO THE AGREEMENT BY AND BETWEEN CITY OF BREMBRTON AND GENERAL TEAMSTERS LOCAL UNION NO. 500 JANUARY l,20l4 THROUGH DECEMBER 31, 2015 PREAMBLE......... ................................................................................................................................................... 5 ARTICLE ---..Noo-Dianrizomatioo --------------'---------..--....----------5 ARTICLE '--- Recognition -----.-------------------------------------5 ARTICLE ........... Union Dues ------------------------------------------7 ARTICLE ........... Union Access -----------------------------------------Q ARTICLE ........... Wages .................................................................. ................... ................................................. 8 ARTICLE6 ........... Hours of Work .................................... ........... ............................................................ .......... ll ARTICLE ---..{Jvertune ------------------------------------------..l3 ARTICLE 8..—...... Probationary Period .............'...................................... ...............................l5 ARTICLE 9 ............ Vacation Leave ---------------------------------------.l5 ARTICLE10 --- Holidays ...................................................... .... ..................................................................... l9 ARTICLE 11 --- Suck Leave And Industrial Disability ............. ....... .................................................. ........... 20 ARTICLE 12 --- OtberPaidLcave --------------------------------------23 ARTICLE13 ......... Retirement Benefits ................................................................................................................ 25 ARTICLE 14 .... .... Insurance Benefits ................................................................. ... ............................................ 25 ARTICLE 15 --- WwrkRebated Expenses .................... .... . ..... ...... .... .............................................. ............. 27 ARTICLE 16 --- Subcontracting Work ....................... .... ................................................................................ 3l ARTICLE 17 --- Employees Covered bv Civil Service ........................................................ ...... .............. . .... 3l ARTICLE 18 ......... Drug Free Work Place -----------------------------------3l ARTICLE19 '-- BuuPuoeco . .... ............. .. .... .. ....... ................ .......... .............................. ................ ......... 32 ARTICLE 20 .... ... Management Rights ---------------------------..--------..32 ARTICLE21 ---Wwrk Stoppages .................... ...................................................... ........................ .... .......... 33 ARTICLE 22 ......... Grievance Procedure ... ................................................... ...................................................... 33 ARTICLE 23 —. — 8 ----------------- ..................... --' —' — . — — ' ------ ARTICLE24 ---Entire Agreement ........ ... ........................ ............... . .................................................. ....... 35 ARTICLE 25 --- Conflicting Provisions .......................... ....... ........................................................................ 35 ARTICLE 26 —.. — Labor Management Committee ....................................................... .... .... . ........................ 36 ARTICLE27....—..Jnb Sharing ..................... ................................................................................................ ....... 36 ARTICLE 28 .......... Temporary Assignment And Special As ............................................................. ..... 37 ARTICLE Z4 .......... Wastewater Treatment Plant Employees ...................................... ......................... ................ 30 ARTICLE 30 ....... Teamsters Supplemental Pension Plan -------. -------------------.39 ARTICLE 31 .......I)owu1onn Parking .. ................................................................................—.39 ARTICLE 32..—....Automatic Promotion from Planner ItoPlanner .D....................................... ........]g COLLECTIVE BARGAIN ING AGREEMENT City vr Bremerton and Teamsters #58Y ]ummr/ |.2V\4 through December 31.2O/5 Page zvf 50 ARTICLE33 .......... Discipline .................................................................................................... .............................39 ARTICLE 34 .......... Seniority ............................................................. ............................... . ...... ............................... ARTICLE35 ...... Layoffs / Recalls ..................................................................................... .............................44 ARTICLE36 .......... Promotion ............................................................................................ ............................... 46 ARTICLE 37 .........Employment Information and Guidelines ............................................. .............................47 ARTICLE 38 ..........Other Issues Relating to Conversion from Civil Service ............................ .............................49 ARTICLE39 .......... Term ........................................................................................................... .............................50 APPENDIX A ........Pay Schedule APPENDIX B ......... Classification Series COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 3 of 50 ALPHABETICAL SUBJECT INDEX .,. Ml Wiz:., ... ... ,..:. „.�:...... ...:��....._ _......: .... .<. -�._. .. ...,_.- :�� TIIl'L� � .. _.. ._ . � .......� ....,...�,.. _ .:.,._�::;::._,.:,�.:�,n� .: ,., s:.� �,. - : _,, E.,., �ltc = .. i_ � ti. a, .. .. _ u.. ,.. ... .:..1.t._.f'_�. .. 9:-.._......._.. R.... x, x... :,. +fi .:n::`rtr.....- ..:Jvti° �:•5'' ` " : A', (:�'nri :<a�� = r > zf,`F: • :fr° AUTOMATIC PROMOTION FROM PLANNER I TO PLANNER 11.... ARTICLE 32 ......... .............................39 BUSPASSES ..................................... ............................... ........................ ARTICLE 19 ..... ............................... 32 CONFLICTING PROVISIONS ................................ ............................... ARTICLE 25 ...... ............................... 35 DISCIPLINE...................................... ............................... ........................ ARTICLE 33...... .............................39 DOWNTOWN PARKING ................ ............................... ........................ ARTICLE 31......... .............................39 DRUG FREE WORK PLACE ........... ............................... ........................ ARTICLE 18 ...... ............................... 31 EMPLOYEES COVERED BY CIVIL SERVICE ..... ............................... ARTICLE 17.......... .............................31 EMPLOYMENT INFORMATION & GUIDELINES ....... ........................ ARTICLE 37.......... .............................47 ENTIRE AGREEMENTS ................ ............................... ........................ ARTICLE 24.......... .............................35 GRIEVANCE PROCEDURE ............ ............................... ........................ ARTICLE 22 ...... ............................... 33 HOLIDAYS............................................................. ............................... ARTICLE 10....... ............................... 19 HOURSOF WORK ............................ ............................... ........................ ARTICLE 6 ........ ............................... 11 INSURANCE BENEFITS .................. ............................... ........................ ARTICLE 14 ...... ............................... 25 JOB SHARING .................................. ............................... ........................ ARTICLE 27.......... .............................36 LABOR MANAGEMENT COMMITTEE ....................... ........................ ARTICLE 26 ...... ............................... 36 LAYOFFS/RECALLS ............................................... ............................... ARTICLE 35.......... .............................41 MANAGEMENT RIGHTS ..................................... ............................... ARTICLE 20 ...... ............................... 32 NON — DISCRIMINATION .............. ............................... ........................ ARTICLE 1 .......... ............................... 5 OTHER ISSUES RELATING TO CONVERSION FROM CIVIL SERVICE ........................... ............................... ........................ ARTICLE 38.......... .............................49 OTHER PAID LEAVE ...................... ............................... ........................ ARTICLE 12 ..... ............................... 23 OVERTIME ....................................... ............................... ........................ ARTICLE 7 ........ ............................... 13 PREAMBLE ............................................................. ............................... ............................. ............................... 5 PROBATIONARY PERIOD ............................. ........................ARTICLE 8........... .............................15 PROMOTION ............................................................ ............................... ARTICLE 36 ......... .............................46 RECOGNITION............................... ............................... ........................ ARTICLE 2 .......... ............................... 5 RETIREMENT BENEFITS ................ ............................... ........................ ARTICLE 13 ..... ............................... 25 SENIORITY ........................................ ............................... ........................ ARTICLE 34.......... .............................41 SEVERABILITY............................... ............................... ........................ ARTICLE 23 ...... ............................... 35 SICK LEAVE AND INDUSTRIAL DISABILITY .......... ........................ ARTICLE 11 ...... ............................... 20 SUBCONTRACTING WORK .............................. ............................... ARTICLE 16 .. ............................... 31 TEAMSTERS SUPPLEMENTAL PENSION PLAN ....... ........................ ARTICLE 30.......... .............................39 TEMPORARY ASSIGNMENT AND SPECIAL ASSIGNMENT .......... ARTICLE 28 ....... .............................37 TERM................................................ ............................... ........................ ARTICLE 39 ...... ............................... 50 UNIONACCESS ............................... ............................... ........................ ARTICLE 4 .......... ............................... 8 UNIONDUES ........................................................... ............................... ARTICLE 3 ......... ............................... 7 VACATION LEAVE ............................................ ............................... ARTICLE 9 ........ ............................... 15 WAGES............................................ ............................... ........................ ARTICLE 5 ......... ............................... 8 WASTEWATER TREATMENT PLANT — EMPLOYEES ...................... ARTICLE 29........ .............................38 WORK RELATED EXPENSES ......... ............................... ........................ ARTICLE 15 ...... ............................... 27 WORK STOPPAGES ........................ ............................... ........................ ARTICLE 21 .... ............................... 33 COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 4 of 50 AGREEMENT BY AND BETWEEN CITY OF BREMERTON and GENERAL TEAMSTERS LOCAL UNION NO. 589 JANUARY 1, 2014 THROUGH DECEMBER 31, 2015 PREAMBLE This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City ", and the General Teamsters Local Union No. 589 hereinafter known as the "Union" for the purpose of setting forth the wages, hours and working conditions which will be in effect during the term of this agreement for employees included in the bargaining unit described in Article 2 below. ARTICLE 1 NON - DISCRIMINATION 1.1 Non - Discriminatory Application — The provisions of this Agreement will be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed, religion, national origin, political affiliation; or mental, physical or sensory handicap, unless based upon a bona fide occupational qualification. 1.2 Non - Discrimination -Union Activity — The provisions of this Agreement will be applied equally to all employees in the bargaining unit without discrimination as to Union affiliation or legal Union activity or lack thereof. The City and the Union will each be responsible for complying with this provision. ARTICLE 2 RECOGNITION 2.1 Represented Employees — The City recognizes the Union as the sole and exclusive bargaining representative for the purpose of negotiations concerning wages, hours and conditions of employment for all full -time employees in regular positions and part-time employees in regular positions in classifications set forth in Appendix A and such classifications as may be added to the bargaining unit during the term of this Agreement by mutual agreement or by official action of the Public Employment Relations Commission. 2.2 Classifications Excluded — The classifications of elected officials, appointed officials on part-time boards and commissions, city attorneys, Department Directors and their assistants, and supervisors (unless specified in the union recognition section) are not included and will not be added to the bargaining unit. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 5 of 50 2.3 Employees Excluded 2.3.1 Seasonal employees are employees used by the City to handle peak work load periods. Seasonal positions will be used for no more than eight (8) months in a calendar year in accordance with City Policy. Seasonal employees transferred from one seasonal position to another seasonal position remain subject to eight (8) months total aggregate employment. 2.3.2 Temporary employees are employees used by the City for specific projects or programs, or to replace employees temporarily unable to work per Article 28.1. 2.3.3 Project temporary employees are assigned for the term of a specific project or program and may not exceed one (1) year; provided, however, that the term of the assignment may be extended up to a maximum of three (3) additional months by mutual agreement of the parties. 2.3.4 All other temporary employees shall be excluded from the bargaining unit with the understanding that neither the employees nor the positions will be used for more than a total of 12 months. 2.3.5 Confidential employees regardless of the classification they occupy. 2.4 New Classifications — In the event the City creates a new position or reclassifies an existing position proposed to be exempt from the bargaining unit, the Union will be notified in writing. In the event that the Union disputes the City's proposed exemption of the new position from the bargaining unit, the Union will provide written notice specifying the reasons for dispute within thirty (30) calendar days of receipt of written notice from the City. In the event that the City and the Union are unable to resolve the dispute, either party may refer the issue to the Public Employment Relations Commission for resolution. 2.5 Emergency /Disaster Worker - During an emergency, disaster, or catastrophic event as defined under RCW 35.50.010.6(a), which places life or property in jeopardy, employees may be assigned to any disaster service activity that promotes the protection of the public health and safety. Assignment might require serving at a location, at times and/or under conditions that significantly differ from an employee's normal work assignments; this may include assignments to perform work outside of the bargaining unit. As an employee of the City of Bremerton, the employee may be directed to perform a role other than their regular job, by a superior or bylaw. An employee maybe called onto perform services as an Emergency /Disaster Worker as defined in RCW 38.52.010(4), subject to the provisions of RCW Chapter 38.52. An employee's rate of pay will not be reduced as a result of such assignments. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 6 of 50 ARTICLE 3 UNION DUES 3.1 Dues Deductions — Based upon mutual agreement, regular monthly union membership initiation fees, dues, agency fees and assessments will be deducted by the City from the pay of those employees who provide written authorization to the City to make such deductions. The City will transmit the total amount of deductions to the Union along with a list of employees and their Union - related deductions. 3.2 Maintenance of Membership — An employee covered by this Agreement who is a member of the Union on or after the execution of this Agreement will remain a member in good standing. Good standing will be defined as tendering of uniformly required periodic dues. Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of the employee, provided that when an employee fails to fulfill the above obligation, the Union will provide the employee thirty (30) days notification in writing of the Union's request to the City to initiate discharge action and during this period the employee may make restitution in the amount which is overdue. Should the employee make such restitution, the request for discharge will be withdrawn. 3.3 New Employees — New employees employed during the life of this Agreement will, within thirty (30) days of their respective date of employment or upon the inclusion of their position in the bargaining unit, achieve good standing in the Union and will thereafter maintain such good standing as a condition of employment. Good standing will be defined as tendering of uniformly required periodic dues and fees. Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of such employee subject, however, to the same requirement for notification and, opportunity for restitution as specified in Section 3.2 above. The City will notify the Union of newly employed bargaining unit employees as they are hired so a shop steward may be available at time of orientation. It shall be understood that new employees do not have the option to donate money to charity in lieu of paying dues, unless it is due to the bona fide religious tenets or teaching of a church or religious body of which the employee is a member. The employee will pay an amount of money equivalent to regular Union dues and fees to a non - religious charity or to another organization mutually agreed to between the employee and the Union. 3.4 Union Security — All bargaining unit employees not currently paying dues shall be required to pay dues or donate an equal amount to a qualified charity as identified under IRS Code 501 C (3). Those employees donating money to a charity in lieu of the payment of periodic dues, shall be required by the Union to produce proof of payment to the charity. Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of the employee, provided that when an employee fails to fulfill the above obligation, the Union will provide the employee thirty (30) days notification in writing of the Union's request to the City to initiate discharge action and during this period the employee may make restitution in the amount which is overdue. Should the employee make such restitution, the request for discharge will be withdrawn. (The intent of this language is to address those current employees donating money to a chanty in lieu of periodic dues payments). COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 7 of 50 3.5 Indemnification — The Union will indemnify and hold the City harmless from any and all liability resulting from the dues and fees deduction provisions specified in this Article. ARTICLE 4 UNION ACCESS 4.1 Union Representatives — The Union will provide written notice to the City of the names of the officials authorized to represent the Union. The City will provide reasonable access to City facilities to such authorized representatives for the purpose of investigating grievances and other legitimate Union business provided that such access does not unreasonably interfere with the work and duties of an affected employee or of other on -duty employees. 4.2 Shop Stewards — The Union will have the right to appoint six (6) Shop Stewards. The Union will make every reasonable effort to have no more than four (4) stewards from the same department. 4.2.1 The Union will provide written notification to the Human Resources Manager of the name and assigned areas of all Shop Stewards appointed by the Union. The City will provide reasonable access to employee work places to Shop Stewards for the purpose of investigating grievances provided that such access does not unreasonably interfere with the work and duties of an affected employee or of other on -duty employees. A Shop Steward will obtain the permission of his or her supervisor and the supervisor of the affected employee prior to contacting an employee during work hours. A Shop Steward may perform his or her Steward duties on City paid work time provided that such duties do not unreasonably interfere with the Steward's ability to perform the duties of his or her position with the City. In no event, however, will a City employee who is a Shop Steward be granted more than five (5) hours of paid work time for the purpose of investigating and resolving a single grievance. It shall be understood that the five (5) hours maximum does not mean five (5) hours per workday, but five (5) hours total time. 4.3 Union Bulletin Boards — The City shall provide the Union with bulletin boards at reasonable locations for its use in communicating with Its members. Union Bulletin Boards shall be used exclusively to post Union notices of meetings, social events, job postings, and other related union business. It shall be the responsibility of the shop stewards to monitor the bulletin boards to ensure they are being utilized for those purposes only. ARTICLE 5 WAGES 5.1 Pay Rates — Effective January 1, 2014, Appendix "A" reflects a 1.5% general wage increase. 5.2 New Employees — A new employee's pay rate will be set at first step of the pay scale; however, a new employee may have his or her pay rate set at a higher step based upon relevant years and type of prior paid work experience. Placement of a new employee's pay COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 8 of 50 rate at a step higher than the first step must be approved by the Department Director, the Human Resources Manager and Financial Services. 5.33 Advancement through Pay Rates — Advancement through the pay rates from the first step through the final step of the pay range will occur upon completion of the prescribed number of months or year(s) of continuous employment since the employee's last annual pay step increase, provided, the City may withhold a step increase for work performance that does not "Meet Expectations ". A step increase may be withheld for a maximum of twelve (12) months, during which time the employee will receive monthly evaluations. The employee's immediate supervisor will notify the employee in writing of expected failure to meet expectations at least thirty (30) days prior to the due date of the work performance evaluation. If such notice is not provided the step increase will not be withheld. The withholding of a step increase will not change the employee's current anniversary step date for pay purposes. In the event that the employee "meets expectations" at one of the monthly evaluations during the subsequent 12 months, they will receive a step increase effective as of the due date of that monthly evaluation. It shall be understood that the increase will not be applied retroactively to the month(s) in which the employee received a rating below `meets expectations ". In the event an employee is on approved leave of absence without pay, in excess of eighty (80) consecutive work hours, the employee's next pay rate advancement date will be extended by the actual number of days the employee was absent on such leave. 5.4 Pay Rate upon Reclassification 5.4.1 Reclassification/downgrade to a lower classification - In the event an employee is reclassified from one classification to another classification which is at a lower pay range or, if an employee's classification is downgraded from one pay range to a lower pay range, the employee's pay rate at the lower pay range will be set at that step which is closest to, equal to, but not greater than the pay rate he or she was receiving at the former pay range. All time the employee had served at the former step toward advancement to the next step of the former pay range will be used in determining the time required to advance to the next step of the new pay range. If the employee is at final step or beyond the final step in the new pay range, then his/her pay rate shall remain frozen at that rate until such time as the final step provides for an increase. This section shall not apply to an employee who is demoted, which falls under Article 34, Section 34.3.4. 5.4.2 Reclassification/upgrade to a higher classification -'In the event an employee is reclassified from one classification to another classification in a higher pay range the employee will receive no less than the entry level step of the new pay range or a five percent (5 %) pay increase, whichever is greater; provided that no employee is thereby advanced beyond the final step of the higher pay range. The employee's advancement to the next step in the new pay range will be based on the effective date of the reclassification to the new pay range. This section shall not apply to an employee who is promoted, which falls under Article 36, Section 36.1.2. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 9 of 50 5.5 Base hourly rate of pay defined — The base hourly rate of pay is that which is shown in Appendix "A ", for each classification, which reflects the pay grade and pay step at which an employee is being paid on an hourly basis excluding longevity. 5.6 Longevity Pay — Longevity pay will be applied to the base hourly pay rate of each employee for years of completed continuous employment on the following basis: 0 through 5 years' continuous employment 0% Commencing 6 through 10 years' continuous employment 1% Commencing 11 through 15 years' continuous employment 2% Commencing 16 through 20 years' continuous employment 3% Commencing 21 years and over continuous employment 4% 5.7 Premium Conditions (not included in base hourly rate of pay) 5.7.1 Standby - An employee is placed on standby duty when the City requires the employee to be immediately available to report for work other than during his/her normal scheduled hours of work. When standby is implemented, all qualified bargaining unit members, including leads and supervisory bargaining unit members, shall share in the standby hours or lists. 5.7.1.1 Standby Equipment A. An employee on standby duty will be provided with a radio that has a police frequency. B. Assigned stand -by duty employees shall have the use of a take home city vehicle for the week, per City policy. 5.7.1.2 Standby Pay - The following standby rates will apply: A. Weekday or regular day off beyond two — Two (2) hours of employee's regular base hourly rate of pay plus longevity if applicable; B. Holiday — Three (3) hours of employee's regular base hourly rate of pay plus longevity if applicable; C. Regular day off — Three (3) hours of employee's regular base hourly rate of pay plus longevity if applicable, up to a maximum of two (2) days; D. Type of Compensation - The employee shall receive pay as provided above for all standby duty. Employees may not accrue compensatory time for stand -by duty COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 10 of 50 5.7.1.3 Length of Standby - Standby will normally consist of not more than seven (7) consecutive days, provided; however, based upon mutual agreement of the employee and immediate supervisor, the employee may be placed on standby in excess of seven (7) days. 5.7.2 Shift Differential — An employee assigned to work a shift schedule, which begins at 12 noon, or later and/or earlier than 6 a.m. will be compensated a shift differential of seventy -five cents ($35) per hour for each hour of the shift so worked. 5.8 Paydays — Paydays will be the 7th and 22nd of each month. If a payday falls on a Saturday, Sunday, or on a Monday holiday, the City will make every effort to distribute pay checks on Friday. The parties encourage employees to utilize "automatic deposit" of their paychecks. 5.9 Direct Deposit — New employees shall be required to sign up for direct deposit of their pay checks. 5.10 Payroll Errors - Should the City be responsible for any payroll error, adjustments in excess of fifty ($50.00) dollars will be paid within two (2) business days. The City and the employee shall share the responsibility to notify one another as soon as possible after any error is found. ARTICLE 6 HOURS OF WORK 6.1 Normal Hours of Work — The normal hours of work for regular full time employees will be forty (40) hours per week. The normal hours of work for regular part time employees will be the number of hours per week that the Department Director /Division Manager schedules which will not exceed forty (40) hours per week and will not exceed the Department's approved budget allocation for the position. 6.2 Normal Work Schedule — The normal work schedule for regular full time employees will consist of five (5) consecutive eight (8) consecutive hour days, however, the City may adopt 4 /10's and/or 9/80's as the normal work schedule, at the discretion of the Department Director when it is in the best interest of the City. The 4/10 schedule as referenced in this document also means an alternate work schedule as provided herein. The Department and employee may mutually agree to any other work schedule by the filing of an alternate work schedule form that shall require the approval of the Department and the Human Resources Manager. Except in emergency situations (such as weather and acts of God) employees will be given fourteen (14) calendar days notice of any change in their normal work schedule, except that Parks & Recreation and Public Works and Utility Department employees will be given seven (7) calendar days notice of any change in their normal work schedule, otherwise employees will receive overtime compensation. The normal work schedule for regular part time employees will be that which is scheduled by the Department Director /Division Manager and shall consist of no more than five (5) consecutive days in a workweek. The normal work schedule will usually be set to begin on Monday and conclude on Friday but COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 11 of 50 may be set to begin on another week day and conclude five (5) consecutive days thereafter, based upon the needs of City. The City will make every reasonable effort to schedule employees with two (2) consecutive days off between workweeks. 6.3 Employees who are regularly required to attend night meetings or perform normal work functions outside of a normal work schedule at the City's request may, by mutual agreement with the Department Director /Division Manager, flex their time. 6.3.1 Flex time shall not be allowed to adjust work schedules to accommodate last minute absenteeism for tardiness. 6.4 Meal Periods — All employees shall have a regularly designated mealtime, 30 minutes or one (1) hour in length, without pay, which shall be scheduled by the Department Director /Division Manager or designee. The thirty (30) minutes or one (1) hour designated mealtime includes travel time to and from the work site. The lunch period will take place no sooner than three (3) hours and no later than five (5) hours from the beginning of a 5/8 schedule, and no sooner than four (4) hours and no later six (6) hours from the beginning of a 4/10 schedule. No employee will be required to work more than five (5) consecutive hours without a meal period. An employee who works three (3) or more hours beyond their normal work day shall be allowed at least one thirty (30) minute meal period either prior to or during the overtime period. When an employee is required by the City to remain on duty on the premises or at a prescribed work site when it is in the best interest of the City during a meal period, the meal penod will be paid as time worked. 6.4.1 Employees shall be allowed one (1) rest period (break) per one half (1/2) shift (workday) provided: ➢ The time, length and location of a break is determined by the employee's supervisor, with the understanding that the employee shall receive no more than fifteen (15) minutes. ➢ Break periods will be scheduled as near as possible to the midpoint of a work period. The City will make a reasonable effort to ensure that no employee is required to work more than three (3) hours without a rest period. The purpose of granting breaks is to relieve fatigue and mental strain on the job; therefore; ➢ Combining two (2) daily breaks into one thirty (30) minute break is not permitted. ➢ Using breaks to lengthen meal periods, to cover tardiness, or to leave work early is not permitted except under special circumstances and with the approval of the Department Director or designee. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 12 of 50 ➢ Accumulating breaks from day -to -day is not permitted. ➢ Taking more breaks in smaller segments of time, e.g. three (3) 5- minute breaks, is not permitted. ARTICLE 7 OVERTIME 7.1 Overtime Defined — Overtime is all required and authorized work performed in excess of a full time employee's normal 40 hour and/or daily work schedule. Overtime includes required training, instruction, callback and other such work which is required and authorized by the City, and is performed during an employee's normally scheduled off duty time. Overtime for regular part-time employees is all required and authorized work performed in excess of forty (40) hours during the employee's weekly work schedule pursuant to Article 6, Section 6.2. The use of any paid leave time will be considered as time worked for the purpose of calculating overtime. 7.2 Overtime Compensation — Overtime work will be compensated at the rate of one and one- half (1 -1/2) times an employee's base hourly rate plus longevity if applicable, in cash or in compensatory time. The form of overtime compensation will be at the election of the employee provided Compensatory time off will be taken by mutual agreement between the employee and supervisor. Upon the death of the employee, accrued compensatory time shall be paid to the employee's estate. 7.2.1 Use Of Compensatory Time - The maximum allowed accrual of compensatory time shall be forty (40) hours, and all overtime accrued in excess of that maximum shall be paid at the applicable rate. Employees who wish to cash out all or a portion of his/her accumulated compensator time will have the option to receive this pay the pay period ending November 15 . Employees who wish to exercise this option shall submit their request, in writing, to the Department Director, no later than November 1 St of each year. 7.3 Telephone Calls To Employees - If an employee receives a work related telephone call while off duty, he /she shall receive a minimum of one quarter (1/4) hour pay at the overtime rate for each call, provided, however, that additional calls received by the employee within the quarter hour minimum shall not pyramid. 7.4 Call Back Minimum Overtime — In the event an employee who has departed from his or her normal work hours is called back to work for a period of time which is less than two and a half (2.5) hours, the employee will receive a minimum of two and a half (2.5) hours of overtime compensation. A call back initiates a two and a half (2.5) hour guarantee period. Subsequent call backs will not initiate an additional two and a half (2.5) hour guarantee period until the original two and a half (2.5) hour guarantee period has passed. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 13 of 50 7.4.1 Call Back Contiguous to an Employee's Normal Start Time — Employees responding to a Call Back will be paid 2.5 hours of overtime. The employee's normal work hours will be reduced by the amount of time the 2.5 hours infringes on the employee's normal work hours. Example: An employee's normal work hours are 7:30 AM to 4:00 PM. The employee is called out at 6:30 AM. The employee would receive 2.5 hours of overtime and six and a half (6.5) hours of straight time. 7.4.2 Call Back After the Employee's Normal Quitting Time - Once the employee's normal work hours have concluded, any unplanned return to work shall be considered a Call Back. It shall make no difference if the employee has left the work site or not. Example: The employee work schedule concludes at 4:00 PM and at 4:04 PM, the supervisor is notified of a problem. The supervisor notices that the employee is still in the parking lot talking to several other employees. The supervisor goes to the employee and directs him/her to handle the problem. This is a Call Back and the employee will receive a minimum of 2.5 hours of overtime. 7.5 Court and/or Subpoenaed Appearances — An employee who appears in Court or responds to a subpoena as a representative of the City which is related to his or her employment on off duty time shall receive overtime compensation for such appearances. If the employee is being prosecuted for a willful, illegal act in the performance of their duties as a city employee, they will not be paid for time unless they are found innocent and/or the case is dismissed. 7.6 Use of Bargaining Unit Employees for Overtime - The City shall offer overtime to qualified bargaining unit employees within the division prior to utilization of temporary employees for such overtime. The City will make a reasonable attempt to offer this work by seniority. 7.7 Emergency Crews — Employees may be pre - assigned to an emergency shift schedule (e.g. 12 -hour shift for Snow Removal Crews). Crews will be designated as follows: "A" shift and `B" shift. Employees on emergency crews will receive shift differential pay and work the 12 -hour shift throughout the period of the emergency. Employees in each crew (both "A" and "B" shifts) called out for an emergency shift shall receive two hours callout (overtime) pay for the first full 12 -hour shift. (e.g. Pay would be 2 hours overtime for the call -out, 6 hours straight time, plus 4 hours overtime. That crew's next emergency shift pay would be 8 hours straight time plus 4 hours overtime.) Pay for call -outs prior to the full emergency shift will be in accordance with overtime and callout policy per Article 7. If the callout occurs within two (2) hours of the first emergency shift, the first emergency shift crew will respond and work continuously through the shift. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 14 of 50 EXAMPLES: Snow Removal Crew - If an emergency schedule is initiated after 10 p.m. but before the normal shift (7:30 a.m.), the `B" shift will be called in and work until noon or eight hours minimum. If the callout occurs prior to 10 p.m., the "A" shift will be called in and work until midnight when `B" shift will relieve. If the emergency is declared during the normal work shift, `B" shift will work the normal eight (8) hours then be released; "A" shift will work until midnight when relieved by `B" shift. Other Emergency Crews — Any other divisions may use other start/quit times, but will follow the principle of the example of the Snow Removal Crew. When the Division Manager has determined that the emergency condition is over, the crews will revert to their regularly scheduled shift. The transition shifts going into and out of the emergency shift schedule, will work until released by the supervisor, however, they shall work a minimum of eight (8) hours during the transition shift. ARTICLE 8 PROBATIONARY PERIOD 8.1 New Employees — New employees shall be required to serve a probationary period of nine (9) months. Probationary employees are "at will" employees during their probationary period and during that time may be terminated without reason or cause and have no recourse to any appeal process. 8.2 Promoted Employees — Employees promoted shall serve a six (6) month promotional probation period 8.3 Failure to Complete Probation — The promotional probationary employee who fails to successfully complete probation shall be demoted to the lower position from which he /she was promoted. Such determination shall be made at the sole discretion of the City and the reasons shall not necessarily constitute just cause. 8.4 Probationary Employee — An employee who has been hired by the City and who has not yet completed the required nine (9) months probationary period. 8.5 Regular employee — An employee who has successfully completed their nine (9) months probationary period for the position for which they were hired. ARTICLE 9 VACATION LEAVE 9.1 Vacation Accrual — Employees shall accrue vacation leave for all regularly scheduled compensated hours including paid holiday, sick leave; vacation and other paid leave time, excluding workers' compensation time loss benefits pursuant to the following schedule: COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 15 of 50 Period of Continuous Full Time Employment Hours Accrued/Year Date of Hire through 5 years 104 Hours 6th year 120 Hours 7th year 128 Hours 8th year 136 Hours 9th year 144 Hours 10th year 152 Hours 11 th year 160 Hours 12th year 168 Hours 13th year 176 Hours 14th year 184 Hours 15th year 192 Hours 16th year 200 Hours 17th year and thereafter 208 Hours 9.2 Vacation Eligibility — An employee becomes eligible to take accrued vacation leave upon completion of six (6) months of continuous employment. Probationary employees may be permitted to use earned vacation leave due to extenuating circumstances solely at the discretion of the Department Director/Division Manager. Vacation leave may not be taken in less than one - quarter (1/4) hour increments. Vacation leave must be earned in the pay period prior to the time an employee takes any vacation leave since accruals are added to an employee's leave balance after payroll has been posted. 9.3 Vacation Scheduling — Annual vacation leave will be mutually scheduled between the employee and his or her Department Head or designee. Vacation leave must be approved by the Department Director/Division Manager prior to an employee taking the time off. An employee will have a better chance of receiving approval for a vacation request if the request is submitted as far in advance as possible. In the event more than one employee requests vacation leave for the same time period submitted on the same day, the requesting employee with the greatest city -wide seniority shall be granted the vacation leave. The Department shall make a good faith effort to respond to a vacation leave request in a timely manner. 9.4 Maximum Vacation Accrual — The maximum number of vacation accrual hours that any employee will be allowed to carry forward from one calendar year to the next will be as follows: Years of Service Maximum Carryover Hours Date of Hire through 5 full years of employment 160 Hours Over 5 full years of employment 240 Hours 9.5 Carryover - In the event an employee has been prohibited from taking sufficient vacation time to reduce his or her vacation balance to the maximum allowable carryover at the end of a calendar year, (or unable to because of absence from work due to illness or disability) the COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 16 of 50 excess hours will be carried forward into the next the calendar year. An employee who fails to request scheduled vacation time during the year and whose accrued vacation hours exceed the maximum carry over balance at the end of the calendar year shall forfeit such excess vacation hours. 9.6 Vacation Pay -Out — Upon the retirement or separation of a regular employee, or upon the date of an employee's disability retirement, the accrued vacation hours of such an employee will be paid to the employee in a lump sum payment at the employee's straight time base hourly rate of pay plus longevity if applicable, at the time of separation except an employee shall not be paid vacation pay out unless employed over six (6) months. 9.7 Payment of Vacation Leave Upon Death — In the event of the death of an employee, the employee's estate will be paid in a lump sum for the total accrued and unused vacation leave hours at the employee's regular hourly base pay rate plus longevity if applicable, in effect at the time of death. 9.8 Donations Of Vacation Leave - Donations of Vacation leave permit employees to aid any City employee who is suffering from an extraordinary or severe illness, injury, impairment, physical or mental condition which has caused or is likely to cause the employee to take leave without 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 of another position with the City or another employer. 9.8.1 Eli ibili - An employee who (1) is suffering from an illness or injury causing his or her extended absence from work, and (2) who has depleted or will shortly deplete his or her total available accrued vacation, compensatory leave accrual, sick and floating holiday leave, may request donations of vacation leave. The employee making such request may restrict the scope of employees being asked to donate. 9.8.2 Criteria For Approval - A request for donations of vacation leave shall be submitted to the requesting employee's Department Director /Division Manager accompanied by medical documentation verifying the medical condition requiring the need for leave, and the time period during which the employee can reasonably be expected to be absent from work due to the condition. Upon verifying that the requesting employee meets all of the eligibility requirements above and upon determining that the medical documentation received provides appropriate verification of the medical condition and time period involved, the Department Director will recommend the employee's request for donations of vacation leave be approved by the Mayor. The Mayor will review the request to assure that all of the requirements set forth in this subsection have been met and, if so, shall approve the employee's request for donations of vacation leave. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 17 of 50 9.8.3 Notification - Upon approval by the Mayor, all City employees, unless a restriction has been requested by the employee shall be notified of the approved request for donation of leave. 9.8.4 Conditions Of Donation - An employee who has been employed for at least six (6) months who desires to donate accrued vacation leave to a requesting employee will do so as a free and voluntary act and no duress or coercion shall be placed upon an employee to make such donation of 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 9.8.6 below. An employee who desires to donate vacation leave shall complete a Donation of Vacation Leave Form and submit it to his/her Department Director. The donated vacation leave will be transferred to the requesting employee's sick leave balance with the next payroll report. Forms will be date stamped and all time donated shall be in full hour increments and shall be credited to the employee on an hour - for -hour basis. A monthly update of the condition of the employee by the attending primary medical doctor shall be required and furnished to the Department Director. 9.8.5 Use Of Donated Leave - An employee who has received donated vacation leave will be able to use the sick leave in the same manner as if he or she had personally accrued the leave. All of the employee's accruals of sick leave, compensatory time, floating holiday and vacation leave shall be used first each pay period. The remainder of leave needed will then be deducted from the employee's donated leave bank. 9.8.6 Return Of Excess Leave Donations — Donated leave will remain in the employee's sick leave balance for a period of six (6) months from an employee's return to work 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. 9.9 Cancellation of Vacation Leave by City - If an employee has an approved vacation canceled by the City, the City will reimburse the employee for all verifiable non - refundable expenses incurred by the employee after the date the Leave Request was approved. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 18 of 50 ARTICLE 10 HOLIDAYS 10.1 Holidays Observed — The following holidays will be observed by the City: HOLIDAY DATE OBSERVED New Year's Day January 1St Martin Luther King's Birthday 3rd Monday in January President's Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 0 Labor Day 1 st Monday in September Veteran's Day November I l Thanksgiving Day 4th Thursday in November Day after Thanksgiving 4th Friday in November Christmas Day December 25 Two Floating Holidays, Approval of Supervisor one limited to 2014 only 10.1.1 In addition, any other holiday legally proclaimed by the Federal or State government, provided that the City takes official action to have such holiday also observed by the City. 10.2 Alternative days of Holiday Observation — If a holiday observed by the City falls on a Saturday, the holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be observed on the following Monday. If the day a holiday is observed by the City falls on an employee's regularly scheduled day off, the employee will receive an alternate day off as a paid holiday during the same or following pay period. 10.3 Floating Holiday 10.3.1 Floating Holiday Leave - One (1) floating holiday (eight [8] hours) will be granted to each employee at a time which is mutually agreed to by the employee and the employee's immediate supervisor. An additional floating holiday will be granted for calendar year 2014 only. New employees shall have been employed for six (6) months in order to qualify for a floating holiday. Floating holiday leave may not be taken in less than one (1) hour increments. 10.3.2. No payment will be made upon separation of employment from the City for any unused Floating Holiday Leave. 10.3.3 No carry -over of Floating Holiday Leave will be permitted from one calendar year to the next calendar year 10.3.4 For 2014 only, the City will make a one -time deposit of eight (8) hours into each member's Floating Holiday bank, to be used per Articles 10.3.1 and 10.3.2. The deposit COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 19 of 50 shall be made into each member's bank within two (2) weeks of this agreement being approved. 10.4 Holiday Compensation (Full Time Employees) — An employee shall receive eight (8) hours of time off with pay for each holiday observed by the City, including a floating holiday of each employee's choice. An employee who is assigned at the City's request to work a four -day ten (10) hour schedule will receive ten (10) hours of time off with pay for each holiday. In order to receive holiday compensation, each employee must work or be on authorized paid leave on the scheduled work day prior to or the scheduled work day immediately after each holiday. 10.5 Holiday Compensation (Part Time Employees) - Part-time employees who regularly work 20 or more hours per week will receive pro -rated Holiday Leave based upon their average normal workday, but in no case less than four (4) hours. 10.6 Working on a Holiday — An employee required to work on a holiday will be compensated at one and one -half (1 -1/2) times the employee's regular straight time base rate of pay plus longevity if applicable, for the time worked in addition to regular holiday pay provided in 10.4 above. ARTICLE 11 SICK LEAVE AND INDUSTRIAL DISABILITY 11.1 Sick Leave Accrual — Full time employees will accrue sick leave at the rate of four (4) hours per pay period , including paid holiday, sick leave, vacation and other paid leave time and excluding time for which workers' compensation time loss benefits are paid. Part-time employees and employees who are on a leave of absence without pay will have their leave pro -rated if they have worked any portion of a pay period at .046154 for each regular hour worked as outlined above. The maximum annual accrual will be ninety -six (96) hours. 11.2 Maximum Sick Leave Accrual — Employees will be able to accrue sick leave to a maximum of 1200 hours on January 1 St of each year. 11.3 Sick Leave Incentive - An employee who takes thirty -two (32) hours or less of sick leave in the calendar year will have eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar year. 11.4 Sick Leave Retirement Payment — An employee who retires from City service on a service or disability retirement will be provided a Sick Leave Retirement Payment at thirty- five percent (35 %) of the employee's accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours). The payment will be made to the employee at the employee's regular base hourly pay rate plus longevity if applicable, in effect at the time of retirement. 11.5 Payment of Sick Leave Upon Death — In the event of the death of an employee, the employee's estate will be paid for the total accrued and unused sick leave hours at the COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 20 of 50 employee's regular base hourly pay rate plus longevity if applicable, in effect at the time of death. 11.6 Sick Leave Use — Sick leave shall not be granted in advance of actually being accrued. Sick leave will be made available to each employee up to the amount of each employee's accrued sick leave balance and shall be used in increments of no less than one - quarter (1/4) hour to cover an employee's absence from his or her regularly scheduled work hours (Prior to using vacation, comp time or floating holiday, unless leave is covered under the Family Care Act.) due to: 11.6.1 The temporary disability of an employee resulting from his or her personal illness or injury. 11.6.2 Providing care for: a) a child of the employee under the age of 18 when they have a health condition that requires supervision or treatment; or b) a spouse, parent, parent -in -law or grandparent c) a domestic partner; d) any person for whom the employee is a legal guardian; e) adult son or daughter, incapable of self -care because of a physical or mental disability, of the employee who has a serious or emergency health condition. 11.6.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative health care of the employee or the employee's children when such care requires parental presence to supervise or authorize treatment. 11.6.4 Upon the birth or adoption of a child, an employee may use accrued sick leave pursuant to FMLA. 11.6.5 Providing care for an employee's immediate family member as provided for in Section 11.6.2, when the family member has a health condition that requires the assistance of an adult caretaker until such time as other care can be arranged. No more than forty (40) hours of sick leave can be used for this purpose for the following family members: brother, sister, brother /sister in -law, grandparent's in- law, grandchildren, domestic partner, a person for whom the employee is a legal guardian, unmarried adult son or daughter incapable of self -care because of a physical or mental disability, and step relations as described herein of both the employee and the employee's spouse. (Revised RCW 49.12.270) 11.6.6 Only when an employee has exhausted all sick leave accrued may he /she use other types of leave to cover lusher absence. 11.6.7 Leave Without Pay — Employees may not be in a Leave Without Pay (LWOP) status until all leave accruals have been exhausted, except as provided in Article 12.1 — Bereavement Leave, or unless an employee must report to work for a regularly scheduled shift ten (10) or fewer hours after departing from work. An employee shall be permitted Leave Without Pay (LWOP) status in the foregoing instances, provided the employee has obtained approval in advance from the Department Director /designee, who will have discretion to approve each request on a case -by -case basis. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 21 of 50 11.7 Notification of Sick Leave Use — An employee who is absent or expects to be absent from work due to causes specified in 11.6 above, will provide notification as follows: 11.7.1 Routine Appointments — An employee who schedules a routine medical, dental or oculist appointment will make every reasonable effort to schedule such an appointment at a time, which will cause the least interference with departmental operations. The employee shall give prior notice of the date and time of the appointment to his/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, however, the immediate supervisor will not unreasonably require an employee to reschedule routine medical, dental or oculist appointments. 11.7.2 Unanticipated Absence — An employee who is absent from work or will be unable to report to work as scheduled due to personal illness or injury, or for other causes specified in 11.6 above, will promptly notify their immediate supervisor, or if unavailable, the department/division manager by telephone as soon as practicable and will make every effort to notify their immediate supervisor, or if unavailable, the department/division manager within the first one -half hour of each work day or, if possible, within the one -half hour preceding each work day of absence. In the event neither the immediate supervisor nor the department/division manager can be contacted directly, the employee may leave a voice mail message. However, the employee is obligated to speak directly to the employee's immediate supervisor or the department/division manager during the day of the employee's absence. Each employee will be given contact information (including office /cellular /pager numbers), to the employee's immediate supervisor and department/division manager. In the event of a prolonged illness or injury, the Department may exempt an employee from the requirement to report their absences on a daily basis, and may establish an alternative reporting arrangement appropriate to the circumstances. 11.7.3 Sick Leave during Authorized Paid Leave — An employee who becomes ill or is injured during his/her paid vacation or compensatory time off for accumulated overtime, may request the conversion of such paid leave to sick leave with pay by promptly notifying the department of the illness or injury and providing such information as is required by the department to verify the appropriateness of such a conversion. 11.8 Sick Leave Documentation and Approval — An employee who has been absent on sick leave will, within the first work day after returning to work, complete and submit a request for approval of sick leave on the City's Leave Request form, and provide such information as is required by the Department to approve the use of sick leave with pay for the absence. Sick leave must be approved by the Department prior to payment. The Department will not unreasonably withhold approval of sick leave with pay from employees. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters 4589 January 1, 2014 through December 31, 2015 Page 22 of 50 11.8.1 Sick Leave Certification - The Department may require an employee to provide a professional physician's certification of an employee's, child's or family member's illness or injury as a condition of approving sick leave with pay. In the event the Department intends to require such verification, the employee will be notified of the requirement prior to returning to work. 11.8.2 Return to Work/Fitness for Duty Certification - The Department may require an employee to provide a Fitness for Duty certification completed by a professional physician that the employee is sufficiently recovered as to be able to return to work and assume his or her normal duties prior to the employee returning to work or, in the event the employee has appeared at work, prior to resuming work. If the department does not allow the employee to return to work due to the need for a Fitness for Duty certification, the employee will be allowed to continue the use of sick leave. 11.9 Industrial Disability Leave — An employee who incurs a work - related illness or injury and who qualifies to receive Workers' Compensation benefits will be allowed to use accrued sick leave to supplement the Workers' Compensation benefits so as to provide the same gross pay he or she would have received for full time, active service. In no event will the combination of Workers' Compensation and employee sick leave exceed 100% of an employee's regular pay rate at any time of the disability period. ARTICLE 12 OTHER PAID LEAVE 12.1 Bereavement Leave — An employee will be granted three (3) days of bereavement leave for attending funerals in the State of Washington and five (5) days for out of state funerals of members of the employee's immediate family. Immediate family shall be defined as spouse, child, mother, father, mother /father in -law, brother, sister, brother /sister in -law, grandparents, grandparents in -law, grandchildren, step relations as described herein of both the employee and the employee's spouse and any person for whom the employee is a legal guardian. The first three (3) days of time off for Bereavement Leave will be compensated at the employee's current rate of pay. The additional two (2) days of time off for bereavement leave shall be charged against an employee's vacation, floating holiday, sick leave or compensatory time leave balance at the option of the employee. Additional time off may be requested by the employee and granted by the Department Director/Division Manager in extenuating circumstances and LWOP may be granted upon request by an employee with the approval of the Department Director on a case -by -case basis. Bereavement leave hours paid by the City shall not count toward computation for overtime purposes. 12.2 Jury Duty, Witness Leave — An employee shall be granted a leave of absence with pay for the purpose of reporting to or serving on jury duty or serving as a witness on a case relating to their job with the City, except in those instances when the employee is involved as a party in an action beingtaken against the City. Any juror or witness fees received by the employee for the performance of such duties shall be assigned to the City. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 23 of 50 If more than 2.5 hours of their workday remains at the time of release from jury duty or serving as a witness, the employee shall report for duty. 12.2.1 City Notification - Employee shall be required to notify the City immediately upon receipt of written notification from the Court that they must report for Jury Duty or serve as a Witness as the result of a case related to his or her employment, by submitting a Leave Request form with a copy of the Jury Duty /Witness Notice attached. Upon telephone confirmation by the Court to report, employee shall immediately notify the on -duty supervisor. 12.3 Military Duty Leave — An employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United States Armed Forces or the State National Guard shall be entitled to military leave with no loss of pay for a period not to exceed twenty -one (21) work days annually. Authorized leave of absence for additional or longer periods of time for assignment to duty functions shall be without pay (unless the employee chooses to use accrued vacation leave or compensatory time) and shall be granted by the City. An employee receiving up to twenty -one (2 1) work days of training or serving on active duty shall receive their regular pay and the amount received from the Federal or State government, pursuant to RCW 38.40.060 as may be amended from time to time. During periods of military conflict, employees are entitled to up to fifteen (15) days of unpaid leave before their spouse is deployed or while their spouse is on leave from deployment. 12.4 Domestic Violence Leave — Pursuant to State Law, Domestic Violence Leave provides additional leave rights to employees who are victims of domestic violence, sexual assault, or stalking, or who are family members of victims. It entitles employees to take leave to receive medical treatment, attend legal proceedings, or address safety concerns arising out of domestic violence, sexual assault, or stalking as outlined in City Human Resources Policy 3- 20 -19. 12.5 Administrative Leave - Any bargaining unit employee may be placed on Administrative Leave (leave with pay) for reasons in the best interest of the City (e.g. to diffuse a work - related or personal problem or to conduct an investigation). The City may place certain restrictions on an employee on Administrative Leave and require him/her to be available during his/her normal work schedule. Employees normally scheduled to work on other than an 8 am to 5 pm schedule shall be put on a 9 AM — 5 PM schedule when placed on Administrative Leave. If an employee is unavailable at any time during the alternative time schedule, then a leave slip must be turned in to cover the amount of time the employee will be unavailable. 12.6 Emergency Leave — In the event of an unforeseen emergency which requires the absence of an employee, the employee will promptly notify his or her immediate supervisor, or in the absence of the immediate supervisor, the manager on duty in the Department within the first one -half hour of each work day or, if possible, within the one -half (1/2) hour preceding each work day of absence. Such emergency leave shall be charged to an employee's unused vacation, floating holiday or compensatory time leave balance. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 24 of 50 ARTICLE 13 RETIREMENT BENEFITS 13.1 State Retirement System - Each employee will be enrolled in the Washington State Retirement system for which he or she qualifies. Contributions to the Retirement system will be made on a pre -tax basis. Each employee will be covered by the federal Social Security Act. ARTICLE 14 INSURANCE BENEFITS 14.1 Medical Insurance — The City will make medical insurance coverage available to employees and their dependents, as follows or another plan of equivalent or better coverage: Kitsap Physician's Service (KPS) Plan B Group Health Cooperative (GHC) 14.2 Insurance Premium Payments — Payment of insurance premiums will be made as follows: 14.2.1. Employees will be required to pay the following contributions towards the monthly premiums for medical coverage: Effective 01 -1 -2012 Employee only coverage: Employee 0% City 100% Dependents coverage: Employee 10% City 90% Effective 12 -1 -2012 Employee only coverage: Employee 0% City 100% Dependents coverage: Employee 15% City 85% Effective 07 -01 -2013 Employee only coverage: Employee 0% City 100% Dependents coverage: Employee 20% City 80% Permanent part-time employees shall be entitled to a pro -rated contribution for medical insurance coverage by the City as follows: Hours worked per week City Contribution Less than 20 hours per week None An average of at least 20 hrs. but < 32 hrs. /week 75% COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 25 of 50 An average of at least 32 hrs. and up 100% Permanent part-time employees who are on the City's payroll as of, ratification of this contract, who work less than 20 hours per week shall receive a pro -rated contribution for medical coverage at 50 %. Additionally, if the City and full - time employees mutually agree to temporary furloughs or temporary reduction in hours that would bring the employee's hours below 32 per week, these employees would be considered full time (working above 32 hours per week) in regards to this article. 14.2.2 Dependents of employees in Domestic partnerships that have filed their status with the State as required by law and have met the minimum affidavit requirements are eligible for coverage. 14.2.3 STIPEND IN LIEU OF MEDICAL COVERAGE - An employee who waives the right to obtain medical insurance coverage through the City and who provides proof of creditable coverage through his/her spouse or other source shall be entitled to receive a stipend of two hundred and fifty dollars ($250.00) per month, payable in the amount of one hundred twenty five dollars ($125.00) per pay as permitted and subject to all State and Federal laws and restrictions Employees shall be required to notify Human Resources, in writing, during open enrollment, of their desire to waive medical coverage, or at any time during the year if a qualifying event occurs which would change their status (e.g. marriage, divorce, spouse loss of job or medical coverage). Since both KPS and Group Health underwriting requirements require a 75% participation rate, in the event that there is less than a 75% participation rate due to employees waiving medical coverage, the City may cease offering the stipend due to the adverse impact upon those insured. 14.2.4 The City and the Union agree to re -open negotiations for Article 14 pursuant to the attached MOU for calendar year 2015. 14.3 Dental Insurance — The City will provide the same benefit levels as are contained in the Washington Dental Service Plan F dental program for employees and their dependents and provide for full payment of insurance premiums. 14.4 Insurance Benefits Committee - The Insurance Benefits Committee will be comprised of the following members: Mayor or designee, Human Resources Manager or designee, Financial Services Director or designee, one employee selected by the non - represented management and professional employees, and one individual selected by each of the recognized unions. The committee will elect a chair and any other officers it deems appropriate. 14.4.1 The Union shall work with the Insurance Benefits Committee to evaluate alternatives to the current insurance benefit plans during 2014. If an agreement is COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 26 of 50 reached on an alternative, implementation can occur as soon as legally possible in 2014. 14.5 Changes in Law - In the event changes in state or federal law create an impact on the present health and welfare premiums or plans, the parties will reopen negotiations on such subject. 14.6 Vision Insurance — The City will pay the premium for the Washington Teamsters Welfare Trust Vision Plan for all bargaining unit employees employed in the previous month. It shall be the responsibility of the employee to ensure that the required paperwork is completed in a timely manner in order to enroll him/herself and/or dependents. 14.7 Dependent Coverage for Extended LWOP - If an employee is out on Leave Without Pay in excess of 10 consecutive working days, unless such leave qualifies for FMLA and/or L & I covered illnesses or injuries, he /she may be responsible for both the City's and employee's portion of dependent coverage premiums. If an employee is out on Leave Without Pay in excess of twenty five (25) consecutive calendar days, unless such leave qualifies for FMLA and/or L & I covered illnesses or injuries, he /she will be responsible for both the City's and employee's portion of the employee and dependent coverage premiums. ARTICLE 15 WORK RELATED EXPENSES 15.14 Uniforms — The City will provide new and replacement uniforms for each employee in the department whenever the Department Director /Division Manager determines it is in the best interest of the City. The characteristics of the uniform and what will constitute the uniform shall be at the sole discretion of the Department Head or designee. 15.1.1 Employees furnished uniforms shall be required to wear their uniform when performing work and required by the department. 15.1.2 Standard uniforms provided by the City through uniform service contracts; i.e., shirts, pants and jackets, will be maintained by the City at City expense. All other uniform apparel such as polo shirts, tee shirts, etc., purchased by the City shall be maintained by the employee at the employee's expense. 15.1.3 Employees are expected to take reasonable care of their uniforms. Employees shall notify their supervisor when uniforms are in need of replacement and /or repair. 15.1.4 City uniforms shall not to be worn during non -work hours or to non -work locations, except for incidental stops to or from work and meal periods. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 27 of 50 15.1.5 While in uniform, employees shall not publicly drink intoxicating liquor, be publicly intoxicated or under the influence of a controlled substance. 15.2 Cleaning Allowance The cleaning allowance for Warrant Officers shall be $350.00, which shall be paid in the pay period ending January 15th. Should an employee separate from City employment during the year, a pro -rated reimbursement to the City for the cleaning allowance shall be withheld from the employee's final paycheck based on the number of months left in the calendar year. 15.3 Uniforms - The City will provide five (5) uniforms to Warrant Officers and Probation Officer(s). 15.4 Tool Allowance - Vehicle Maintenance: 15.4.1 The City will provide an annual tool allowance per mechanic to buy more efficient tools or to replace lost, broken, or stolen tools as follows: In the amount of $525.00. 15.4.2 Payment of the tool allowance will be made in the pay period ending January 15th. 15.4.3 Should an employee separate from City employment during the year, a pro -rated reimbursement to the City for the tool allowance shall be withheld from the employee's final paycheck, based upon the number of months left in the calendar year. Example: Employee receives $525.00 tool allowance in January and then separates from employment in May. Employee would be required to reimburse the City in the amount of $306.25 ($525.00 divided by 12 = $43.75 /month x 7 months {June through December) ). 15.4.4 The City will purchase all specialty or new tools that are required to perform the job because of changing technology or City equipment. 15.4.5 Replacement of tools lost or stolen on City property or while performing City business will be replaced in accordance with City Policy #3- 10 -16. 15.4.6 All special and heavy duty tools, power tools, and tools larger than one -half (1/2) inch drive will be furnished and maintained by the City. The City will service and repair all employee owned pneumatic and calibrated tools. 15.5 Safety Shoes —The City will reimburse employees up to a maximum of $175.00 for the cost of WISHA approved safety or calked shoes/boots, when the Department/Division has determined that they are required including inspectors. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 28 of 50 15.6 CDL License — When a Commercial Driver's license (CDL) is required for a position by the City, the City will only pay for the cost of the CDL endorsement and required physical examination when making initial application and upon any required renewal. 15.7 License /Certification Differential Pay - Employees who are required by the City to have a Washington State certification or license above the minimum certification level set forth below will receive fifty dollars ($50.00) per month for each current certificate above the established minimum. Certifications obtained outside of the certification series identified for the division or work group will be considered only when such certification benefits the City as determined by the Director of Public Works & Utilities. Effective January 1, 2009 any certification beyond one level above the certification required for the employee to do his/her job will not result in any additional $50 license differential. This provision shall not apply to employees who are currently receiving multiple license differentials as of 12/31/08; however, keeping licensing current shall be the responsibility of the employee, and should any certification lapse, any differential for such license shall no longer apply. 15.7.1 WWTP (WWTP Operator Certification Series) WWTP Operator I- WWTPO Group II Plant WWTP Operator II — WWTPO Group III Plant WWTP Lab Technician - WWTPO Group II Plant WWTP Operations Supervisor - WWTPO Group III Plant 15.7.2 Water Operations (Water Distribution Certification Series) Water Operator - Water Distribution Manager I Water Operator Sr. - Water Distribution Manager II Water Operator Lead - Water Distribution Manager II Water Operations Supervisor - Water Distribution Manager III Environmental Technician and Water Resources Assistant (Water Distribution, WWTP Operator, or Sewer Collection Certification Series) Level II Certification in any Series. Differential pay is allowed for certifications above Level II for one series only. 15.7.3 Water Maintenance (Water Distribution Certification Series) Water Distribution Supervisor - Water Distribution Manager III COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 29 of 50 15.7.4 Cross Connection Control Specialist (Cross Connection Control and Backflow Assembly Tester Certification Series) Cross Connection Control Specialist I 15.7.5 Storm/Sewer Maintenance (Sewer Collection System Certification Series) Utility Service Specialist Supervisor - Sewer Collection System Level III 15.7.6 Automotive Maintenance Technicians (Automotive Service Excellence Certification Series) One ASE Master Certification - Automotive, Heavy Equipment, or Emergency Vehicle Technician. Differential nay is allowed for each additional Master Certification 15.7.7 Electronics (International Municipal Signal Association - Traffic Signal Certification Series and NT Telephone Certification) Electronics Technician - IMSA Level II - Traffic Signal 15.7.8 Traffic Maintenance (International Municipal Signal Association - Signs and Markings Certification Series) Sign Shop Service Specialist Supervisor - IMSA Level III - Signs and Markings 15.7.9 Engineering (Professional Engineer and Land Surveyor). There is no Certification Pay allowed for EIT or LSIT Certifications. Engineer I - Engineer -In- Training Certification or Land Surveyor -in- Training Certircation Engineer II - Engineer -In- Training Certification Engineer III - Professional Engineer 15.8 Maintenance of Certifications — The City will reimburse an employee for the actual costs of obtaining and maintaining a professional or work related certification including a CDL license, which is required by the City or has been required as a condition of working in a particular classification. 15.9 Failure to Maintain/Obtain Required Certifications — If an employee fails to obtain or maintain a certification required in order to perform the essential duties and functions of his/her position, he /she shall be terminated, unless the employee can demonstrate that he /she has not been permitted by the City to attend the required training and instead required to work. In the case of a CDL license, an employee may be terminated. New hires who are COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 30 of 50 required to obtain a CDL license for their position within six months from their date of hire, and who fail to obtain the required CDL license shall be terminated by the City. 15.10 Meal Expense — The City will reimburse an employee up to fifteen dollars ($15.00) dollars per meal for meal expenses when the employee is required to work during a bona fide emergency situation after completing his or her regular work day, provided that the employee works at least three (3) additional hours during a twenty -four (24) hour period. To receive reimbursement for meal expense, the employee will submit an appropriate expense claim form 15.11 Travel Authorization and Expense Reimbursement — Travel authorization and expense reimbursement shall be pursuant to Chapter 2.74, Travel Authorization and Expense Reimbursement, of the Bremerton Municipal Code. ARTICLE 16 SUBCONTRACTING WORK 16.1 The City of Bremerton and the Union will agree that conditions surrounding decisions to subcontract work normally performed by non - uniformed employees are subject to the following: The City will provide a minimum of thirty (30) days advance notice of it's intention to subcontract out work and bargain the impact of such proposed subcontracting. In the event the City enters into a contract, depending on the needs of the City at that time, the City shall have the option to either to keep those affected employees employed in any job classification for which they are qualified, at their current rate of pay, or to pay them under the following conditions: Either one (1) week of severance pay or continued employment for each completed year of regular employment with the City, up to a maximum of 16 weeks. Employees will be cashed out of all vacation leave accrued as provided by current agreement. Pay out for Sick leave accrual will be granted only to those employees who are within five (5) years of earliest retirement under (PERS), and then at a maximum not to exceed seventeen and one -half percent (17.5 %) of their existing balance. Those affected employees will also be placed on a Layoff Register pursuant to Article 36 Layoff/Recall. ARTICLE 17 EMPLOYEES STILL COVERED BY CIVIL SERVICE Police and Fire Department non -sworn employees covered by this collective bargaining agreement retain their Civil Service rights pursuant to State law. ARTICLE 18 DRUG FREE WORK PLACE 18.1 The maintenance of a drug -free work place is essential to the safety and welfare of City employees.' The following provisions will apply to employees covered by this agreement: 18.2 Controlled Substances - COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 31 of 50 18.2.1 The unlawful manufacturing, distributing, dispensing, possessing or using of a controlled substance or alcohol in the work place is prohibited. Reporting to work under the influence of a controlled substance or alcohol is prohibited. 18.2.2 As a condition of employment, all employees must notify their Department Director /Division Manager of any criminal drug statute conviction for a violation occurring in the work place no later than five days after such a conviction. 18.3 Prescription or Over - the - Counter Drug Use — The use of prescription and over -the- counter drugs which compromise safety in the work place or the quality of the employee's work product is prohibited. 18.4 Employee Sanctions — It is the responsibility of every employee to be aware of the above provisions and to abide by them. Failure to observe these provisions could result in immediate disciplinary action against the employee, up to and including termination. The employee may be required to participate satisfactorily in an alcohol or drug abuse assistance or rehabilitation program. 18.5 Drug Abuse Education Program — The City will utilize all available City resources, such as the Police Department, to educate employees as to the dangers of drug abuse. 18.6 Confidentiality — The confidentiality of all complaints and reported violations of the provisions of this policy will be strictly maintained, except as required by public disclosure laws or court orders. 18.7 The parties have agreed to the City of Bremerton Human Resources Policy 3 -20 -03 "Drug and Alcohol Policy" for employees required to have a Commercial Driver's License, with an effective date of January 1, 1996. The parties agree that the City of Bremerton Human Resources Policy #3- 20 -03" Drug and Alcohol Policy" will apply to employees not required to have a CDL, however, they will not be subject to random testing. ARTICLE 19 BUS PASSES 19.1 The City will provide Kitsap Transit bus passes to employees working in the downtown core who request bus passes. To be eligible to receive such passes, the employee must ride the bus to and from work an average of three (3) times a week. The City will establish procedures for the issuance of bus passes to employees. It shall be understood that an employee issued a bus pass is not eligible to receive free downtown parking. ARTICLE 20 MANAGEMENT RIGHTS 20.1 The Union recognizes that the City has the responsibility and authority to advance to the fullest extent possible the economy of operation of the City and to protect the primary COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 32 of 50 interests of the citizens of the City. The Union recognizes the prerogative and responsibility of the City to operate and manage its affairs in all respects in accordance with its lawful authority whether heretofore or hereafter exercised and regardless of the frequency or infrequency of the exercise of such rights. 20.2 The management of the City, and the direction of the City's working forces, including the right to hire, suspend or discharge employees for just cause (newly hired probationary employees without cause), promote employees, demote employees for just cause, to assign jobs, to transfer employees within the bargaining unit, to increase and decrease the working force, to establish standards, to determine work to be accomplished, the schedules of operation and the methods, process and means of operation or handling are vested exclusively in the City unless such authority or right is abridged, delegated, or modified by this Agreement. 20.3 The City shall have the right to determine reasonable schedules of work (part-time, eight, nine or ten hours shifts) and to establish the methods and processes by which such work is performed including the right to establish employee evaluation processes and standards of performance and to maintain order and efficiency through the establishment and enforcement of rules regarding safety, security, and conduct. The City shall have the right to designate or make changes regarding the location of its offices, facilities, places of business, and the equipment and machinery to be utilized or to make technological changes with respect thereto. ARTICLE 21 WORK STOPPAGES 21.1 STRIKES/LOCKOUTS PROHIBITED - The City and the Union agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective during the term of this Agreement. Accordingly, it will be a violation of this Agreement for the City to cause a lockout of its employees or for the Union to call, encourage, or participate in any strike, sympathy strike, slowdown, or other work stoppage. Employees engaging in any of the aforementioned activities will be subject to disciplinary action. ARTICLE 22 GRIEVANCE PROCEDURE 22.1 Definitions 22.1.1 Grievance — A grievance is an alleged contract violation, question, or challenge raised by a bargaining unit employee or the Union as to the correct interpretation or application of this Agreement by the City. Such allegation, question, or challenge is to be resolved through this Grievance Procedure. 22.1.2 Disciplinary Appeals — Bargaining unit employees who have been suspended, demoted or terminated may appeal their discipline either through the grievance COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 33 of 50 procedure or to the Appeals Board (Civil Service Commission), but not both. 22.2 Step 1 — An employee or Union representative who believes that a question exists as to the correct interpretation or application of this agreement will first discuss the action giving rise to the belief with the immediate supervisor involved within thirty (30) calendar days of the date the action took place or within thirty (30) calendar days of the date upon which the employee could reasonably have been expected to know of such action. The employee will have the right to be assisted by an authorized Union representative during this discussion if they request one. The time limits above shall not apply to payroll errors. 22.3 Step 2 — In the event that the immediate supervisor does not resolve the grievance to the satisfaction of the employee or the Union within a period of fourteen (14) calendar days at Step 1 of this procedure, the employee or the Union Representative will reduce the grievance to writing and will state: the section (or sections) of this agreement which is alleged to have been interpreted or applied incorrectly; an explanation of the grievance in detail, including dates, actions and such other information needed to understand the facts and circumstances giving rise to the grievance; and the remedy sought. The employee will have the right to be assisted by an authorized Union representative in reducing his or her grievance to writing. The employee or Union representative will present the written grievance to the employee's Department Director within fourteen (14) calendar days of the date the employee received the immediate supervisor's response. The Department Director will meet with the employee and/or the employee's Union Representative within fourteen (14) calendar days after receipt of the written grievance for the purpose of considering the matter. The Department Director will reduce his or her decision to writing and will transmit the decision to the employee and the Union representative within fourteen (14) calendar days of meeting with the employee and/or the Union representative. 22.4 Step 3 — In the event that the Department Director does not' resolve the grievance to the satisfaction of the employee or the Union representative at Step 2 of this procedure, the employee or the Union representative will transmit a copy of the original grievance along with a copy of the Department Director's written response to the Human Resources Manager within fourteen (14) calendar days of receipt of the Department Director's written response. The Human Resources Manager will consider the grievance and may convene a meeting. The Human Resources Manager will reduce his or her decision to writing within fourteen (14) calendar days of receipt of the grievance and transmit the decision to the Union. 22.5 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 within thirty (30) calendar days of the Step 3 response. Immediately thereafter, the parties will petition the Federal Mediation and Conciliation Service (FMCS) for a list of nine (9) arbitrators who are residents of the Northwest (Washington, Oregon, and Idaho). 22.6 Powers and Duties of the Arbitrator — It will be the duty of the arbitrator to conduct a hearing on the issue or issues submitted by the parties for decision. The hearing will be kept COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 34 of 50 informal and private. The arbitrator will interpret the provisions of this agreement as they apply to the issue or issues submitted for decision and will not add to, subtract from nor in any way otherwise alter nor recommend the alteration of the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting the hearing, the arbitrator will render a written decision which will be binding upon the parties. 22.7 Costs of Arbitration — The expenses of the neutral arbitrator will be bome equally by the parties. Each party will singly bear all costs related to preparing and presenting its own case before the arbitrator, including costs of witnesses and attorneys. In the event the parties mutually desire a record of the proceedings, the cost of obtaining such record shall be borne equally by both parties. 22.8 Time Limits — Time limits established in this procedure will be strictly adhered to but may be waived by mutual agreement of the Union and the City. All procedures contained herein will be complied with as expeditiously as practicable. ARTICLE 23 SEVERABILITY In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal pending a final determination as to its validity, the remaining provisions of this Agreement will not be held invalid and will remain in full force and effect. The Union and the City will immediately meet and attempt to renegotiate any provision found invalid. ARTICLE 24 ENTIRE AGREEMENT 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 25 CONFLICTING PROVISIONS In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance, Policy, Regulation or Rule of the City, the provision of this agreement will prevail. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 35 of 50 ARTICLE 26 LABOR MANAGEMENT COMMITTEE 26.1 Labor Management — The City and the Union agree that a need exists for closer cooperation between labor and management. To accomplish this objective, the Employer and the Union agree that no more than five (5) duly authorized representatives of the Union will function as one -half (1/2) of a Labor - Management Committee, the other half being no more than five (5) certain representatives of the City named for that purpose. The Committee will meet as necessary for the purpose of discussing and facilitating the resolution of all problems, which may arise between the parties. The City will provide a draft of the minutes of the meeting to the Union's Committee members within (2) two weeks of the meeting. The Committee will be chaired by a member elected by the Committee. 26.2 Amendments to Agreement - Should the Union and Employer mutually agree to change, add, or delete any provision of this Agreement, policies or rules, such change will be set forth in writing. ARTICLE 27 JOB SHARING 27.1 Job Sharing - The parties consider job sharing as a potential viable alternative to full time employment. Jobs may be shared on an hourly, or daily basis. 27.2 Job Sharing Leave - All leave for job - sharing employees will be provided on a pro -rated basis. Insurance benefits premium costs will be determined on a case by case basis; however, the total cost to the City cannot exceed the cost for a full time employee. 27.3 Job Sharing Agreement - Job sharing may only be done by mutual agreement of the employees affected and Department Director or designee. Vacant full time positions may be announced as "Job Sharing" only if agreed to by the City and Union. 27.4 Hours Worked - All time worked by an employee above the base scheduled hours for the position will be considered overtime, provided, however, that the combined paid hours for the position exceed forty (40) in the work week. 27.5 Required Sign -off - Job sharing employees must sign a "Job Sharing Contract" acknowledging their acceptance of appropriate conditions including the following: 27.5.1 Agreement Termination by Employees - Either job sharing employee may request terminating the contract and returning to full -time employment. Accommodation of this request shall be subject to the availability of a vacant position. The remaining employee may be required to work full -time until another "job sharing" employee can be found, and is approved by the Department Director or designee. 27.5.2 Absence of Employee - Job sharing employees agree to work full -time during COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters 4589 January 1, 2014 through December 31, 2015 Page 36 of 50 the absence of the other employee, when requested. 27.5.3 Employee Status - Regular status for employees "job sharing" will be achieved upon successful completion of hours worked equivalent to the duration of the probationary period for the classification. 27.5.4 Step Increases - Step increases for "job sharing" employees shall be granted in the same manner as full -time employees on an equivalent basis. 27.5.5 Other Conditions - Other conditions as may be considered necessary by the Department Director or designee may be made part of the job sharing contract. Provided, however, that they do not alter any terms of this Labor Agreement. 27.5.6 Agreement Termination by Department - The job sharing contract may be terminated at the discretion of the Department Director or designee. 27.6 Work Schedule /Insurance Benefits - The negotiated job sharing contract will indicate the base schedule to be worked by each employee and the distribution of insurance benefits premium costs. ARTICLE 28 TEMPORARY ASSIGNMENT AND SPECIAL ASSIGNMENT 28.1 Temporary Assignment - An employee covered by this Agreement may be temporarily assigned the duties and responsibilities of a position which has a higher pay classification than his/her regularly assigned classification in which the incumbent employee is absent due to an extended illness, leave of absence or other extenuating circumstances, An employee who is temporarily assigned to such a position shall be compensated at five percent (5 %) above his/her current base pay rate plus longevity if applicable, or the first step of the higher pay rate, whichever is greater. In no case shall an employee be paid more than the top pay step of the higher classification or serve in a temporary assignment for more than one (1) year. A temporary assignment may be extended one (1) time, on a case -by -case basis, for up to a maximum of six (6) months at the discretion of the Department Director. Such extension shall require the concurrence of the Human Resources Manager and the Union. It shall be understood that compensation at the higher pay rate shall be effective after the completion of twenty -four (24) consecutive hours in the temporary assignment. The first twenty -four (24) hours of the temporary assignment shall be paid at the employee's regular base rate of pay plus longevity, if applicable. Temporary Assignment will not affect an employee's anniversary date for step advancement purposes. 28.2 Special Assignment — An employee covered by this agreement may be placed in a special assignment, rather than being permanently reclassified to a higher level to allow for employee rotation, to enhance upward mobility, or for special projects for a period of one (1) calendar year or less. A Special Assignment may be extended one (1) time, on a case -by -case basis, for up to a maximum of six (6) months at the discretion of the COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 37 of 50 Department Director. Such extension shall require the concurrence of the Human Resources Manager and the Union. Special Assignments shall not to be used for staffing shortages. Compensation for Special Assignments may be granted up to a maximum of ten percent 10% above what the current base rate of pay plus longevity if applicable is for the employee and requires the approval of the Human Resources Manager. Special Assignment will not affect an employee's anniversary date for step advancement purposes. ARTICLE 29 WASTEWATER TREATMENT PLANT — EMPLOYEES 29.1 Any certifications beyond one (1) level above the certification required for the employee to perform his/her job will not result in any additional $50 license differential for 29.2, 29.3 and 29.4 below. This provision shall not apply to employees who are currently receiving multiple license differential amounts as of 12/31/08; however, keeping licensing current shall be the responsibility of the employee, and should any license lapse, any differential for such license shall no longer apply. 29.2 WWTP Operator I License Differential — WWTP Operator I employees that are required by the employer and/or choose to have a Washington State Operator's License above Group II will receive Fifty Dollars ($50.00) per month for each current certificate above Group II. 29.3 WWTP Operator II License Differential — WWTP Operator II's that are required by the employer to have a Washington State Operator's License above a Group III, will receive Fifty Dollars ($50.00) per month for each certificate above Group III. 29.4 WWTP Operations Supervisor License Differential — WWTP Operation Supervisor's that have a Washington State Operator's license above Group 111, will receive Fifty Dollars ($50.00) per month for each certification above Group III. 29.5 WWTP Operator -in- Charge Differential - When the employer designates a WWTP Operator -in- Charge for a minimum of one full shift, they will receive a five (5 %) percent differential applied to their base hourly pay for each shift so assigned. 29.6 WWTP Industrial Mechanic -in- Charge Differential - When the employer designates a WWTP Industrial Mechanic -in- Charge for a minimum of one full shift, they will receive a five (5 %) percent differential applied to their base hourly pay rate plus longevity if applicable, for each shift so assigned. 29.7 WWTP Operator Trainee Training Period — The training period shall be not less than six (6) months and no more than eighteen (18) months, contingent upon when employee obtains the required license. 29.8 Promoted Employees - If between twelve (12) and eighteen (18) months the employee does not qualify for WWTP Operator they will be returned to the class they previously held, provided they held such class in a non - probationary status. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 38 of 50 29.9 WWTP Industrial Mechanic Trainee - Upon successful completion of probation the WWTP Industrial Mechanic Trainee shall be reclassified as WWTP Industrial Mechanic. ARTICLE 30 TEAMSTERS SUPPLEMENTAL PENSION PLAN The City agrees to allow the bargaining unit employees the opportunity to voluntarily participate in the Teamsters Supplemental Pension Plan. It shall be understood that participation in this plan shall be strictly voluntary and that 100% of the cost of participation shall be the sole responsibility of the employee. ARTICLE 31 DOWNTOWN PARKING The City shall provide free parking for all bargaining unit members who are assigned to work on a regular basis in the downtown area. ARTICLE 32 AUTOMATIC PROMOTION FROM PLANNER I TO PLANNER II AFTER THREE (3) YEARS Employees hired as Planner I who successfully complete three (3) years of employment with the City as a Planner I, upon reaching their third (3rd) year anniversary date, will be automatically promoted to Planner II without testing as long as his/her 3rd year annual evaluation reflects a "Meets Expectations" or higher rating. If a Planner I fails to receive their P year annual evaluation in a timely manner, it shall be assumed that their performance "Meets Expectations" and they will be promoted to Planner II. This does not preclude the City from promoting a Planner I to a Planner 11 position through the normal promotional testing process prior to reaching his/her 3rd year anniversary. ARTICLE 33 DISCIPLINE 33.1 Coordination of Discipline - Prior to the imposition of any discipline or discharge of a regular employee, the Department will coordinate the action contemplated with the Human Resources Manager and City Attorney's office to ensure that the proper procedures are followed. 33.2 "Just Cause" Discipline - Discipline shall be imposed for just cause. 33.3 Types of Discipline - The Department Director or Division Manager (except for termination of employment which can only be imposed by the Department Director) may administer the following types of discipline provided, however, the following list shall not be construed to set forth any necessary sequence of progressive discipline and does not limit alternative methods /forms of discipline: 33.3.1 Written reprimand. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 39 of 50 33.3.2 Suspension without pay not to exceed thirty (30) days. 33.3.3 An alternative for suspension without pay may be a: a. Reduction in Step for a specified period of time, not to exceed an amount equivalent to five (5) days suspension. b. Reduction of accrued vacation leave by a specific number of hours, not to exceed five (5) days suspension. 33.3.4 Demotion a. Demotion of a regular employee to a lower position for just cause may be made by the Department Director or Division Manager. If it is proposed that the employee be transferred to another department, the receiving Department Director must give approval. b. A regular employee so demoted shall lose all rights to a position in the higher class, and shall not, in the event of a layoff or reduction, be placed on a layoff reinstatement register for the higher class. c. A demoted employee's rate of pay shall be reduced by 10 %. If an employee's pay rate after the 10% reduction is greater than the top step of the position to which they were demoted, then his/her pay rate will be frozen until such time that the top step catches up to his/her frozen pay rate. EXAMPLE: An Office Assistant Senior is demoted to an Office Assistant III (OA III). As an Office Assistant Senior (OA Sr.), the employee's rate of pay was $23.06. When demoted to OA III, the employee's rate of pay is reduced by 10% to $21.32, which exceeds the top step of $20.69 in the OA III pay band. The employee will remain at $21.32 until such time as the top step of OA II exceeds that hourly rate. 33.3.5 'Termination 33.4 PRE- DISCIPLINARY HEARING 33.4.1 Prior to imposition of any discipline above a Written Reprimand, a pre - disciplinary hearing shall be held within five (5) working days from the date the employee was advised of the proposed discipline to be taken. The regular employee shall be given an opportunity to respond to the charges, orally and/or in writing, as to why the department's proposed action should not be taken, and the date and time of the pre - disciplinary hearing. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 40 of 50 33.4.2 The Department Director /Division Manager (as applicable) shall conduct the hearing. The employee may have legal counsel, a union representative, and /or witnesses present at the pre - disciplinary hearing. The employee does not have the right to confront or cross examine witnesses of the City; however, he /she may ask questions at the discretion of the Department Director /Division Manager. 33.4.3 The Department Director /Division Manager shall present an explanation of the evidence at the pre - disciplinary hearing, which shall be sufficient to apprise the employee of the basis for the proposed action. 33.4.4 Within five (5) working days of the hearing, the Department Director /Division Manager shall advise the employee, in writing, of the outcome of the pre - disciplinary hearing, and the discipline to be imposed. 33.5 DISCIPLINARY APPEALS 33.5.1 Employees who have been demoted or whose employment has been suspended or terminated may appeal either through the grievance procedure or to the Appeals Board (Civil Service Commission), but not both. 33.5.2 If an employee elects to use the grievance procedure for his/her appeal, it will begin at Step 3 of the grievance procedure. 33.5.3 An employee who is issued a Written Reprimand shall be given the opportunity to have a letter of rebuttal attached to the charging document in response to the discipline taken. Such letter shall be filed with Human Resources within fourteen (14) calendar days of issuance of the discipline. ARTICLE 34 SENIORITY Seniority shall be determined based upon years of continuous service within the bargaining unit. However, all seniority shall be lost after twenty -four (24) months in layoff status, or upon leaving the bargaining unit for any other reason (e.g. resignation, termination or acceptance of a non - bargaining unit position). If a City employee is laid off and hired back into a bargaining unit position within twenty -four (24) calendar months of layoff, then that employee shall have all previously earned bargaining unit seniority restored. ARTICLE 35 LAYOFFS /RECALLS 35.1 Reductions in Force (R.I.F.) Should the City decide to reduce the work force, layoffs shall be made as follows: 35.1.1 By Classification and by Division. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 41 of 50 35.1.2 By Seniority: The City will provide at least thirty (30) days notice to the affected employees. The affected employees shall be the least senior employees in that classification within the division. Any temporary /probationary employee in that classification will be laid off prior to any regular employee being laid off. 35.1.3 In the event two (2) employees in the same classification have the same seniority date, seniority will be determined by going back to the original hiring register from which they were hired, and the employee with the highest overall score shall be considered to have the higher seniority. 35.2 Layoff Procedure - Employees who received R.I.F. notices and were not placed in positions pursuant to this Collective Bargaining Agreement shall receive notice of layoff twenty (20) working days prior to the effective date of the layoff. 35.2.1 All temporary employees performing similar duties as employees in the same layoff classification shall be separated from employment first. 35.2.2 All probationary employees in the same layoff classification shall be laid off next. 35.3 Bumping Options Of Employees Affected By Reduction In Force - Employees receiving R.I.F. notices shall be offered the option(s) below (in the order presented) that is available to him or her and must accept it or be laid off. The employee will be given reasonable time to consider these options. The options are: 35.3.1 A transfer to a vacant position within the same city -wide classification (e.g. Office Assistant Senior) and with no reduction in pay. 35.3.2 The right to bump the least senior occupant in the same citywide classification 35.3.3 A transfer to a vacant position in the same or lesser pay grade for which the employee meets the minimum requirements and can obtain the necessary certification(s) within six (6) months. (Must follow the examination procedures set forth in 35.4 below.) 35.3.4 The right to bump the least senior occupant in a classification in the same pay range in the department, whether or not the employee holds previous status, provided he /she meets the minimum qualifications, has greater seniority, and can perform the full range of duties of the position with a brief orientation or familiarization period (up to 45 calendar days). (Must follow the examination procedures set forth in 35.4 below.) 35.3.5 The right to bump the least senior occupant in a lower classification in the bargaining unit or division, whether or not the employee holds previous status, provided he /she meets the minimum qualifications and has greater seniority. (Must follow the examination procedures set forth in 35.4 below.) COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters 4589 January 1, 2014 through December 31, 2015 Page 42 of 50 35.3.6 The right to bump the least senior occupant in a lower classification in the bargaining unit or division, which the employee has not transferred out or promoted out of, provided he /she meets the minimum qualifications and has greater seniority. (Must follow the examination procedures set forth in 35.4 below.) 35.3.7 The right to bump the least senior occupant in a lower classification in a division that the employee had previously transferred or promoted out of provided the employee passed the probationary period for that position. Bumping into positions previously held shall be allowed without examination or a probationary period. Seniority for the purposes of this provision shall be that seniority credit the employee had at the time he or she transferred out of the position. The right to bump into a lower classification or equivalent if the job title has been changed since he /she transferred out of the position but the job duties have remained essentially the same, shall terminate two (2) years after the transfer out of the bargaining unit. 35.4 Examination Process: Bumping permitted by sections 35.3.3 through 35.3.6 above to positions not previously held shall be made by examination as follows: 35.4 A. Human Resources will provide a list of lower classifications from the applicable option (section 35.3.3 through 35.3.6) for which the employee has greater seniority. 35.4 B. The employee will choose two (2) classifications (if available) from the list of classifications provided which he or she feels that he or she is qualified for and submit an application and supplemental questionnaire for each position. 35.4 C. The application along with the completed supplemental questionnaire will be rated by a panel of three subject matter experts. The panel will include one qualified employee from the Teamsters Bargaining Unit. The panel will determine, based on the information submitted by the employee, whether or not the employee meets the minimum requirements of the position. 35.4 D. If the employee passes the rating process, he or she will be awarded the position. If awarded a position, a six (6) month probationary period shall be mandatory. Such probationary period shall only be based upon ability to perform the essential functions and duties of the position. If employee is not able to perform the essential functions and duties of the position, then they will be laid off and placed on the lay -off register. 35.4 E. If the employee is not awarded either of the two positions chosen the employee will be laid off and placed on the layoff register. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 43 of 50 35.5 In addition, an employee receiving a R.I.F. notice may apply for any currently available promotional opportunities, subject to meeting the minimum requirements for any position for which they are applying. 35.5.1 In the event there are no full time positions available for regular employees who receive a RIF notice to bump into, they will be permitted to bump into part-time, temporary or seasonal positions for which they qualify. 35.5.2 Probationary employees who receive a RIF notice will be permitted to bump into part-time, temporary or seasonal positions for which they qualify. 35.6 Placement of Laid - off Employees on Layoff Register - The names of regular employees and those employees covered under 35.5.2 above, who have been laid off shall be placed on a layoff register rated by seniority (the most senior by classification or division). 35.6.1 Layoff registers shall be maintained by the Human Resources Department in coordination with the Union 35.6.2 An employee's name shall remain on the register for 24 months from the date of layoff. 35.6.3 An employee who has bumped to a lower position shall be reinstated to his/her former position, provided a vacancy occurs within the 24 month period and he /she meets the minimum requirements of the position. 35.6.4 An employee's name shall be removed for any of the following reasons: 35.6.4.1 Inability to contact the employee by certified mail at the employee's last known address. 35.6.4.2 Rejection by the employee of an offer to return to a vacancy in the job classification or division held previous to layoff. 35.6.4.3 A written statement by the employee that he /she has no further interest in returning to City of Bremerton employment. 35.7 Recall From Layoff 35.7.1 Upon notification by the Human Resources Department that a vacancy exists, the affected department director shall contact the most senior candidate from the appropriate layoff register and offer him/her the position. If the most senior candidate rejects the position, then the next senior candidate shall be offered the position, and so on. The City shall notify the Union of any recalled employee. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 44 of 50 35.7.2 In the event the appropriate register is exhausted, an employee on another layoff register shall be recalled to a classification vacancy, provided that either the employee meets the minimum qualifications or the special qualifications, training, or skill required for the position can be obtained through a short orientation or familiarization period of up to forty -five (45) calendar days, and provided the employee makes written application for the vacancy. In no event shall any employee be recalled into a classification higher than that from which he /she was laid off. Such employee shall be subject to a probationary period in the new position subject to section 35.8.6.1. 35.7.2.1 The Human Resources Department shall exhaust the appropriate lay off register before opening the position to new hires. 35.7.2.2 An employee recalled will be required to pass a physical exam, if required for the position, in order to determine if he /she is physically able to perform the essential functions and responsibilities of the position. 35.8 Reinstatement_ An employee who is laid off may be reinstated to a vacancy within 24 months of layoff without competition. Such employees shall be credited with: 35.8.1 Seniority and step increase dates adjusted for the time laid off shall be subject to section 35.9.3; 35.8.2 The previous rate of sick leave and vacation accrual based on years of service as of the time of layoff; 35.8.3 Reinstatement of previous sick leave accrual balances. 35.8.4 Regular status only if reinstatement is to the same division from which layoff occurred and if regular status had been previously attained; 35.8.5 Benefits in accordance with any restrictions or waiting period imposed by plan documents (Medical /Dental /Life). 35.8.6 Any employee who is reinstated from a layoff register to a classification or division not previously held shall be: 35.8.6.1 Required to serve a three (3) month probationary period. A reinstated employee who fails to complete the probationary period shall be returned to the layoff register for the remainder of the 24 month period established by the date of the original layoff; 35.8.6.2 Given new seniority and increment dates for pay purposes (i.e. longevity, annual step increases); COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 45 of 50 35.8.6.3 Given the previous sick leave accrual balances. 35.8.6.4 Given benefits in accordance with any restrictions or waiting period imposed by the plan documents. (Medical /Dental /Life). 35.9 Recall Notification 35.9.1 Laid -off employees shall be carried by the City on a lay -off register for a period of 24 months, and shall be notified of any openings for which they are eligible. Eligible, for purposes of this Article, shall mean that the employee has previously held regular status in the classification and has not been demoted from the classification. No vacancies shall be posted, advertised or filled while there is an eligible employee on the lay -off list. An employee on the lay -off list may refuse to return to a lesser position than that from which they were laid -off without loss of all recall rights. An employee may not refuse to return to the classification from which they were laid off without loss of all recall rights. 35.9.2 A recalled employee shall return on the date and time set by the City, which in no event shall be sooner than two (2) weeks from the time the employee was mailed a notice or recall to the last known address of the employee, unless by mutual consent to an earlier starting date. No temporary employees shall be hired to do bargaining unit work by the department while any regular employees are in lay -off status. 35.9.3 Employees rehired from the lay -off list shall not suffer any loss of seniority or benefits as a result of lay -off, but shall not accrue seniority, wages, or benefits during lay -off. 35.9.4 The lay -off or recall from lay -off procedures set forth above will be administered in a manner that does not unfairly discriminate against any individual employee. ARTICLE 36 PROMOTION 36.1 Procedure - Should a position vacancy occur, as determined by the City, the City shall be required to consider, but not necessarily select, candidates for promotion from within the bargaining unit before selecting employees from outside the bargaining unit. In any event, the City may select the applicant who, in the City's opinion, is the best qualified for any position opening in the bargaining unit, or from any source whatsoever. Vacancies will be posted internally for no less than fifteen (15) calendar days. 36.1.1 A bargaining unit employee who is promoted shall be placed at the closest step in the new range that provides at least a five percent (5 %) increase in salary and does not exceed the maximum of the pay range. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 46 of 50 36.1.2 The promotional probationary period shall be six (6) months. 36.2 Failure to Complete Probation - The promotional probationary employee who fails to successfully complete probation shall be demoted to the lower position from which he /she was promoted. Such determination shall be made at the sole discretion of the City and the reasons shall not necessarily constitute just cause. ARTICLE 37 EMPLOYMENT GUIDELINES 37.1 General Guidelines for Employment 37.1.1 Non - discrimination - The City shall not discriminate against any City employee or any applicant for employment on the basis of race, religion, color, national origin, gender, age, sexual orientation, genetic information, marital status, veteran's status or disability. 37.1.2 Basis of Employment — All employment with the City shall be based on merit, knowledge, skill, ability qualification and moral fitness as evidenced by: 37.1.2.1 Education, training and experience as reflected by the application form resume' and other documentation of certification, registration, etc. 37.1.2.2 Written and/or performance tests (when applicable). 37.1.2.3 After a conditional offer of employment is made, pre - employment physical and drug testing (if applicable to the position) shall be required to determine whether the individual can effectively perform the essential functions and responsibilities of the position for which they are being considered with or without reasonable accommodation. Such physical examination shall be performed by a city - designated physician and laboratory and paid for by the City. 37.1.2.4 Background investigation including criminal history, credential /degree verification and reference checks as allowed by law. 37.2 Nepotism 37.2.1 Immediate Family Members - - It is the City's policy that immediate family members of City employees will not be hired if: 37.2.1.1 One member would have the authority or be in a position to supervise, hire, remove or discipline the other; or 37.2.1.2 One member would be responsible for auditing or evaluating the work of the other; or COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters 4589 January 1, 2014 through December 31, 2015 Page 47 of 50 37.2.1.3 Other circumstances exist, which would place the relatives in a situation of actual or reasonably foreseeable conflict between the City's interest and their own. 37.2.2 No Preference for Family Members - The City conducts open and competitive hiring processes. Preference will not be given to candidates who are immediate family members. 37.2.3 Immediate Family - For purposes of this Article shall be defined as: Spouse, child, brother, sister, parents, grandparents, step relations, in -laws, dependents and anyone residing in the employee's household. 37.2.4 Relationship Occurring During Employment — When a relationship, as defined under immediate family in this Article occurs during employment, the two (2) affected employees may remain in their current positions provided they are not in conflict with the restrictions identified in this Article. If a conflict is created by the relationship, the City will attempt to arrange a transfer or change in position. If a suitable transfer /change in position is not available, one of the employees will be separated from City service. Every attempt will be made to effect transfer or separation on the basis of agreement between the employees involved and the City. If a mutual agreement is unattainable, the Mayor will determine, in the City's best interest, the employee to be transferred or separated. 37.3 Vacancy Announcements - The City shall post announcement notices of position vacancies in the local newspaper, on City internal and external web sites, in all City departments and an electronic copy to the Union on the date the position is posted on the City's web sites. 37.4 Examinations or Testing - Appointments shall be made according to skill, ability, qualification, merit and fitness, which shall be ascertained by examinations conducted under the guidance of the Human Resources division. 37.4.1 Examinations may be assembled or non - assembled, and may include written, oral, physical tests, performance tests, interviews, ratings, training, experience, computer -based examinations, criteria rating forms, or any combination of these. 37.5 Promotions 37.5.1 The City shall make a reasonable effort to offer promotional opportunities to current employees when possible. 37.5.2 Promotional postings shall be placed on the City's internal web site and copies sent to all departments for posting on the Union bulletin boards, to the Union and shop stewards. COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 48 of 50 37.5.3 Current bargaining unit employees who successfully complete the examination/testing process for promotion will have seven and one half percent (7.5 %) of their PASSING score added to their final score. 37.5.4 Human Resources will develop a policy for rating candidates for promotional opportunities. 37.5.5 If the Department Director in the department where a vacancy exists proposes to fill such position through the promotional process, he /she shall have the sole discretion to determine whether or not to consider transfer requests for the position from other bargaining unit employees in the same classification as the position vacancy. Such decision will be included in the promotional announcement. ARTICLE 38 OTHER ISSUES RELATING TO CONVERSION FROM CIVIL SERVICE The City and the Union agree that any issue that arises in relation to the conversion from Civil Service until a successor contract is ratified by both parties, shall be addressed in Joint Labor Management Committee meetings. ARTICLE 39 TERM This Agreement will become effective upon January 1, 2014 and will remain in effect through December 31, 2015. All requests to amend, modify or terminate this Agreement will require either party to file written notice upon the other at least one hundred eighty (180) days prior to December 31, 2015. This agreement is hereby submitted to the Bremerton City Council by the City representative and the Union representative for the Council's consideration and approval. Upon approval, this agreement will become binding upon the City, the Union and all of the employees in the bargaining unit covered by this agreement. APPROVED by the Bremerton City Council on the day of 2014. Signed this day of , 2014 FOR THE CITY OF BREMERTON: FOR GENERAL TEAMSTERS LOCAL UNION #589: COLLECTIVE BARGAINING AGREEMENT City of Bremerton and Teamsters #589 January 1, 2014 through December 31, 2015 Page 49 of 50 APPENDIX A TEAMSTERS 2014 EFFECTIVE JANUARY 1, 2014 1.5% General Wage Adjustment 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. Hours Worked Per Year 2088 Step A B C St Q SteD E St F _§W §W F,-,--- Mp Step G - L 1 33,471 j 34,348 3 36,143 37,125 38,085 !Annu 5,183 f 1 E90 8777� 1 IParks Laborer Th A, 2,789 1 1 3, 3,174 7 -...--,-., 2, 862 2 932 3,012 Semi-Monthly 1,395. - i,431 1,46 ,466 1,629 -------- lHourly 1603 1645 16.85. 1731 17 78 1824 25 28 468 25 97 2667 27 36 28081 H ourly - 1 1796 _�2 18 Ba s e 1 1619 1661 1702 1748 184 1_1 ja ! Base +2% 1635 1678 1719 1766 1 8 1 4 18601 1909 -- fl - +3% 16 5 ' 9 17 36 1783 83,r 8791 1928 'Base +4% 1667 17111, 17521 1800 18491 18 E71 1947 Annual 35,183 36,143 1 37,1251 38,085 39,087 40,1 ! Office Assistant I Monthly 2.932 3,0121 3,094 1 ' 3,1741 - 3,257 3,341 3,435 6471 1,587 1,629 1,671 1,710 1 __ ( Hourly 1685 1731 17781 1824 18.72 19 20 . 1974 i 10T Hourly i 2528 2597 2667 27 36 28 08 2880 29611 - [±Long_ "V1. Base +1 % 1702 1748 17 96 1 1842 - 1 8 91 1939 1994 !Base +2% 1719 1766 18 18601 19 09 1958 __20 13 1928 I Base +3% 1736 1783 1831 1879 1978 2q13 IiiiWF. ;4 1752 1800 1 18.972 - - 19 471 1997 20531 1 &aiFe 6 Annual 1 37,125 38,085 39,0871 40,0901 41,217 1 42,282 43,451 Office Assistant 11 Monthly 3 3,174 3,267 3,341 3 3,524 i 3,621 _Iemi-Monthly 1,5871 1,629i_ 1,671 1,7181 1,762 1,811 Hourly_ 1778 18 24 18 72 1920 1974 2025 2081 LciTlio-Ldy 2667 2736 T 2808 2880 i 29 61 1 30381 31 22 , ! Base +196 1 1842 1891 1939 1994, 20 45 1 2102 Base +1 96 ! Base +2% 1814 1860 19091 1958 20131 2066 2123 ! Base +3% 1831 1879 1928 t 2033 2086 2143 ; Base +4010 1849 1897 19471 19 97 20 53 2106 2164 ; Grade ? jAnnual 39,087 40,090 41,2171 42,282 1 43,451 44,579 21 45,7�408 �C ', 3,435 3,524 1 81 3,621 2!tt�r� Service Represent 3,7151 3,8121 LgAdence Pro Control S mi-onthl perty mialist SeMYL- 1,629 1 , 671 1 718 1,76 ,1 2' ,1 1 858 1,9106 10 L_ 1 ! H Office Assistant F!!��Lj 1872 • 19201 19.74 2025 2081 21 35'. Y.- [Police Records Spe ci alist I IOT Hourly 2808 2880 2961 1 3038 3122 3203 32 87 - -1 '_F_1 ! Base +l% 1891 1939 19 2045 2102 21 564 22 3 ! Base +2% 19 2013 2066 2123 21781 2235 Base +3% 19281 1978 2033 2086 2143 2199 1 2257 . . . . . . . . . . . . . . . . . . . Base +4% i 19 47 997 , 2053 2106 2164 22 20+_ 22 . ........ . . ..... Grade 8 _ A 1 j 43,451 48,295 41,217 42,282 44,579 45,748 47,043 IM Mo 4351 3,524 3 4,025 ,Accounting Assistant 11 on 621 3,715 3,812 3,920 Automotive Tech Assistant !Semi-Monthl 1,718 1,906 1,960 - 2,013 -. Human Resource Assistant _ Hourly ' 1974 2025 2081 2135 2191 2253 2313 l ead Evidence Propenv 3122 3203 32871 3380, 3470, 1 _ Spec. , OT Hourly_. 3038 t I Legal Technician e k _ IR 911 -4 20 45 Y __ 21 02 2156 22 76 1 23361 __A _._ _ - __ 22 1.3 -_ ! Office Assistant Senior Base +2% ___ 2013 i 20661 2123 2178 2235 2298 23591 I Recreation Program Coordinator f Base +3% 20331 20R I 21 43 ' 2199 2257 i 2321 23 82 ----!Base +4% 20537 21061 2164 22 20' 2279 2343 2406 APPENDIX A TEAMSTERS 2014 EFFECTIVE JANUARY 1, 2014 1.5% General Wage Adjustment 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. Hours Worked Per Year 2088 SteR A a B _ C Step Q - St, St ep F Step G A�n4al 1 43,451 44,579 R679691 - ; Grade 9 45,748 F - i 47,043 48,295 49,569 1 !Accounting Assistant III Monthly_ 3 ' 3 3812 4,025 4,131 1 1 4,2491 S pecialis t 11 'Semi-Monthlyl Police Records S 1,90 4 2,0131 2,0661 2,1251 9?!� --- 1,9 2,013 iwa Resources Assistant lHourly 20 81 21 2191 2253 _ 2313 2374- 24 42 iOT HoudX 3203 3287 3380 34 70 1 35 61 i 3663 I Base +1 % 1 2102 2156 1 2213 2276 23361 23981 2466 Base +2% 2123 L 21 7§?? 35 2298. 23591 2421 1 2491 - 'Base +3% 2143 2199 57 23 21 r_23 8�2 2 - 2515 Base +4% 2164 22 20 2279 2343 2406 I 24 6 2540 ! Grade 10 TAnn : , ;I F8 47,043 48,295, 49,569 52,430 53,829 IAcco u nttng Assis ien o r 3,812 1 3,920 4,0251 4,131 4 4,369 4,486 Office AssistantSe�nl Senior Speci Semi-Monthly, 1,9061 1:9 2,013 2,125 2,185 2,243 Parks Service Specialist 21 22531 2313 2374 2442. 2511 2578 , Hourly 70 !Pa roll Specialist OT H 35 1 36631 if 67 38 67 S3 3767 Project Assistant se 2213 2276 1 2336 2398 24661 2536 26 PWeb Support Specialist ! Base +2% 2235 2298 2359 2421 2491 I 2561 2630 1 2655 ,WWTP Maintenance Tech Trainee I Base +3% 22 57 3 21 23 82 2445 2586 1 !Base +4% 22791 2343 2406 2469 25401 2611 2681 1 i Grade 11 :Annual I 48,295 49,569 j 50,989 i 52,430 53,829 55,3951 56,877 369 Building Development S pe cialist i Monthly 4,025 4, 1 Z,_616 ' 1 4,740 -- i - - I E�nClrLe nqTech nician il Semi-Monthly 13 2,125" 2,185 2,243 1 2,370 P� 2374 2442 2511 2578 26 53 2724 Permit Te�q!Ln Hourly 2313 :!clan Recreation Program Coordinator 11 1 1ji L 0 q!!Oy _ 70 1 3561 36 63 37 67 3867 39 80 4086 r - Si gn Base +1% 23 36 2398 2466 25 36.4- 26 04 1 26801 2751 !Street Service Base +2% 2359 i 2421 2491 2561 i 26301 27 06 i 2 78 Utilities Service SpecLa!!s!_ ! Base + ___24 45 2515 2586 2655 1 2733 1 2806 lWater O p erator I Base +4% 24 06 1 2469 2540 2611 2681 2759 28 *13 1WW`rP .. 2lptratorj !ne _� e a ,Grade 12 iAnnual 50,989 52,430 i 53,829 55 56,877 58,360 60,009 I Court Security Home Detention Spec. lMonthIX 4,2491 _ 4,369 . x_ - 4,48 4 4 1 4863 5 ISerni-Mhl ont 125 2,185 2, IL 2, 2, 2,370, 2,432 1 2,50 1 i Forestry Service Specialist iinior Hourly 2442 2511 2578. 2653 27 24; 2795 28 74 36631 T___i6lb Par S ervice pecialist Senior SOT i4ourl 3767 3867 __AgA6�_ - -- 41 4311 Probation Officer __i�_66T - 25 - 36 2604 2680 2751 1 2823 2903 Recreation Program Coordinator III ! Base +2% 2491 2561 2630 2706 I 2778 1 2851 29 31 Warrant Officer 'I Base +3% 5 2586 2655 97 33 28 _ 06 28 19 29601 WWTP Industria Mech ! Base +4% 2540 2611f 2681 27 59 2833 2907 j - 29 i9_1 'Grade 13 !Annual 53,829 55,395 56,877 58,3601 60,009 1 61,721 63,329 L ;Automotive Equip Technician -_4Monthly 4,4861 4,616 4,740 4,8631 5,001 1 ^ - 5,143 1 5,2771 1 Engineering Technician III ISemi -Moor thlyl 2,243 2,308 2,370 2,4321 2 1 2,572 1 2,6391 C Technician I lHourly 2578 26 53 2724 2795 - 28 74 29561 3033, i i si n Shop Service Specialist Senior 9 d 3867 3980, 4086 4193 4311 44341 4550 tree Service Specialist Senior ! Base +1 % 2604 2680 - - 27 51 2823 1 2903 29 86 1 3063 1 2776 U tilities Service Specialist Senior 2630 7061 51 2931 30 Water Operator Senior Base 2655 27 33 28061 2 8 79 2960 i 3045 31241 WWTP r L ab Technician Base +4% 1 2681 27 591 28 33 1 2907 29 891 3074 31 54 J APPENDIX A TEAMSTERS 2014 EFFECTIVE JANUARY 1, 2014 1.5% General Wage Adjustment 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. Hours Worked Per Year 2088 e B Step C Steo teD Stan F SteD G T 7 l ! Grade 14 lAnnual 56,877 58,360 60,009 61,721 F F 6 5,083 1 66,983 Building & Deve_1o 5277 5 --__ I IMonthl 1 4,740 4,863 001 5,1431 , 1 424 T 5,582 (Community Resource Specialist _ :Se 2,639 2 I rni-Month 4 2,370 2501 _L !y , ------ ?_ . Technic Senior lHourly _ 2724 27 95 1 2874 2956 --.- 3033 31 17 32 08 1 O lanner I _T& _R6Ud_ g04_6_76 ]r_ _ - 1i _ _­_ 8 4193 1 43 ----- _ , i5 Base +1 % 1 2751 2823 2903, 86 3063 31 48 1 3240 Base 78 2851 1 29 31 1 3015 3094 3179 3272 Base +3% 1 2806 2879 2960 3045 i 31241 117 33 04 1 ! Base +4% 1 2833 2.9 07.-.-.-.. F2 . 29 89 3074 3154 36 'Grade 15 !Annual 61,721 63329, 65,083 66,983 1 68,800 70,804 Monthly 5,001 1 5,143 5277 5,424 5,582 5733 1 5,900 - � [ Assistant Network Administrator Semi-Monthly)_ T .-_ 2,572 ­-- 39 2,712 2,791 2 2,950 lCustorner Service/PC Technician !Hourly 2874 29 . 56 Y ___ 30 33 .31 17 3208 32.95 3391 Electronics Technician OT Hourly 4311 44341 4550 4676 4812 4943 5087 fLnq Technician IV 'Base +1 % 2903 _ 3063 31 �g_ 32 40 3328 3425 Environmental Technician .. ....... .. - 1 Base 32 2 ­ +2% 2931 1 30151 3094 3179 7 3361 3459 Journey _Level Electrician Base +3% 29 60 1 30 45_ 1 3124 3211 3304 3.3 94 1 "A 915 ' Lead Automotive . Kqm!RrnPnt Tech. ! Base +4% 1 2989 1 30 74 1 31 54 1 3242 3336 3427. 35271 LL�ead Facilities Service S p ecialist - scialist 'Lead PC Technician Lead Utilities Service Specialist 1 Lead Water Operator P arks Facilities Specialist Parks Lead Service Specialist Utilities Accounts Superv,�Sr - - ------------ - ------ 1WWTP CMMS Technician 1WWrP Instrumentation & Control S Co p e. 1WWrP Operator 11 ( Grade 16 Annual 63,329 65,083 66,983 68,800 1 70,804 1 72,850 74,855. Building & Development Specialist III Monthly §,424 5,582 _5,733 T 5,900 6,071 6,238 Fli v`1 - I Enginee - i - n - e - e - � - ML I Isemi-mon 2,7121 2,791 1 2,867 5 ... . ...3,036 1 3,119 _. 0 ... ....... ...... I Code Enforcement Officer - Hourly 3033 31.17 32 08 , 32 95 33 91 34 89 3585 Control I r; - ss Connection onro - Specialis OT Hour 1 4550 4676 4812 i 4943 5087 i 52341 5378 i Planner 11 1 Base +1 % 30631 311 4185 3240 3328 3425 3524 j 3621 I Base +2% 30 31 79 3272 3361 34 59 X 59 36 57 ] 33_ I Base +3% 31241 3211 3493 35 94 36931 Base +4% 3154 3242 1 3336 1 3427 . 3527 - 36 29 3728 :Grade 17 l t! ��nual 804 72,850 1 74 70 1 ; 00993, 79855 7E !Accountant I Financial Analyst - (Monthly 5,582 5,733 5,9001 6,071 6,414 6,591 E_ 1 '142to Eq!# pment f ii�iiiii�c�iai_6 r em- S e- M onthl y 2,791 2,867 __ _ 3,1191 3,207 3,296 i Electronics Supervisor Nourly 3208 32 95 3391 34_ 3585 36 86: 37 8,8j Facilities Invento _Hourl 4812 49431 5087 . 1 52 34 _5i'7 5 29 1 5682 1 Network Administrator ! Base +1 % 3240 3328 34251 3524 3621 1 3723 38 26 i Parks Maintenance juperyLis 3361 or Base +2% 3272 3559 36 57.__._37 60 38 64 I �we�r�/S qET_qo1!ection Sups isq! Base +3% 3304 3394 3493 3594 3693 3797 i 39 0 2 LSIgIS �oILSer!�. ij.�A�lje I B ase 3427 3527 3629 3728 3336 3833 __ 3 9 4 _O j I Streets Service Spec. Supervisor )U tilities Service SpitS. Su pervisor t lWater Distributio Supervisor Water Resources Operations Supvr LWWTPMaLlntenance Supervisor WWTP Operations Supervisor , APPENDIX A TEAMSTERS 2014 EFFECTIVE JANUARY 1, 2014 1.5% General Wage Adjustment 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. Hours Worked Per Year 2088 A Ste St Q Sta n _ftp B StV C St Step E - 72 0 -T- Step - iO,804 F 85 F T7,855 F 76 81,328 e _ 18 _:_..__._.. : - _._.::.T - -. jAn 1 964 79,0931 1 83,520 F [Civil Engineer M 6 6,591 i 6,777 6,960 ! Engineering Technician Senior Semi-Monthly] 2,9501 3,0361 3,1191 3,207 3,389 3,480 ,Forestry Service t Spec. Supervisor !H ou r ly 3391 . -34.89 - 35.85 3686 3788 -- - 38.95 4000 of k --- ourl 5087 52341 �29� ' 8 5 5843 - 600 Base +1 % 3425 35241 3621 3723 3826 0 [Base +2% 3459 35 59 36 37601 3864 3973 40801 I Base +3% 3493 3594 36.93 37 ii _ 39 - 062 - - ZO - 1 - 2 _L1 _Zq� Base +4% 35 27 j 3629 3728 l 3833 3940 I 4051 1 41 60 1 Grade 19 ;Annual 74,855 76,964 79,093 81,328 83,520 85,671 87,821 IqLiv ! 111 6,238 6,414 6,591 6,777 6,960 7,139 7,318 lSerni-Monthly 3,2071 3,296 3,389 3,480 r 3,570 1 3,659 358 3686 _37W 38 95 4000 4103 4206 OT Hourl 1 5378 j 55 - 26� -' 56 82 5843 60001 61 55 1 6309 B ase +1 % 3621 37.231 3826 3934 4040 41 44 4248 �1 B as e - +2 - % -- T - 3 , 6 - 57 3760 3864 3973 4080 4185 4290 26 4332 ,Base +3% 1 3693 3797 1 3902 4012 41201 42 !, Base +4% A7 28 38 33 1 39401 4160 4267 1 4374 APPENDIX "B" Classification Series For use in the administration of a Reduction in Force (Lay - Offs): ACCOUNTING/FINANCIAL (Citywide) *Accountant Accountant/Financial Analyst Accounting Assistant Senior Accounting Assistant III Accounting Assistant II *Accounting Assistant I ** *Utility Accounts Supervisor ** *Payroll Specialist CITY CLERK *Deputy City Clerk COMMUNITY DEVELOPMENT Building & Development Specialist III Building & Development Specialist II Building & Development Specialist I ** *Code Enforcement Officer Planner II Planner I ELECTRONICS *Electronics Supervisor Electronics Technician Journey Level Electrician *Maintenance Electrician ENGINEERING Civil Engineer III Civil Engineer II Civil Engineer I Engineering Technician Senior ' Indicates an inactive classification serves 0ob classification exists but not in current budget) " Indicates some incumbents are covered by Civil Service Rule "' Stand alone position APPENDIX "B" Classification Series Engineering Technician IV ENGINEERING (CONTINUED) Engineering Technician III *Engineering Technician II *Engineering Technician I ** *Permit Technician ** *Project Assistant FACILITIES Facilities/Inventory Supervisor Facilities Service Specialist Lead *Facilities Service Specialist Senior *Facilities Service Specialist EQUIPMENT SERVICES Automotive Equipment Technician Supervisor *Automotive Equipment Technician Lead Automotive Equipment Technician Automotive Technician Assistant FORESTRY Forestry Service Specialist Supervisor *Forestry Service Specialist Lead Forestry Service Specialist Senior *Forestry Service Specialist INFORMATION TECHNOLOGY Network Administrator *Assistant Network Administrator Application Support Specialist Lead PC Technician *PC Technician *Computer Service/PC Technician *Computer Programmer Senior *Computer Programmer * & * ** Computer Operator- Utility ** *Web Support Specialist * Indicates an inactive classification series Oob classification exists but not in current budget) *' Indicates some incumbents are covered by Civil Service Rule ••• Stand alone position APPENDIX "B" Classification Series MUNICIPAL COURT Legal Technician Senior Legal Technician ** *Probation Officer OFFICE /CLERICAL (City -wide) *Office Supervisor Office Assistant Senior Specialist Office Assistant Senior Office Assistant III Customer Service Representative Office Assistant II *Office Assistant I * Human Resources Assistant PARKS Parks Maintenance Supervisor *Parks Service Specialist Lead Parks Service Specialist Senior Parks Service Specialist Parks Laborer * & ** *Parks Facilities Specialist * & * ** Cemetery Caretaker POLICE Police Records Specialist II *Police Records Specialist I Evidence /Property Control Specialist Lead Evidence /Property Control Specialist ** *Court Security/ Detention Specialist ** *Warrant Officer ** *Community Resource Specialist ' Indicates an inactive classification series (lob classification exists but not in current budget) *+ Indicates some incumbents are covered by Civil Service Rule * *• Stand alone position APPENDIX "B" Classification Series *Animal Control Officer RECREATION Recreation Program Coordinator III Recreation Program Coordinator II Recreation Program Coordinator I *Aquatics Supervisor *Recreation Supervisor SIGN SHOP *Sign Shop Service Specialist Supervisor *Sign Shop Service Specialist Lead Sign Shop Service Specialist Senior *Sign Shop Service Specialist STREET Street Service Specialist Supervisor *Street Service Specialist Lead Street Service Specialist Senior Street Service Specialist UTILITIES (Sanitary & Storm Collection) Sewer /Storm Collection Supervisor Utilities Service Specialist Lead Utilities Service Specialist Senior Utilities Service Specialist WASTEWATER TREATMENT PLANT (WWTP) - MAINTENANCE WWTP Maintenance Supervisor WWTP CMMS Technician WWTP Industrial Mechanic WWTP Trainee Industrial Mechanic * ** WWTP Instrumentation & Control Specialist WASTEWATER TREATMENT PLANT —OPERATIONS WWTP Operations Supervisor * Indicates an inactive classification series (job classification exists but not in current budget). ** Indicates some incumbents are covered by Civil Service Rule * ** Stand alone position APPENDIX "B" Classification Series WWTP Operator II W WTP Operator I W WTP Operator Trainee * * *WWTP Lab Technician WATER RESOURCES — OPERATIONS Water Resources Operations Supervisor Water Operator Lead Water Operator Senior Water Operator ** *Environmental Technician ***Water Resources Assistant WATER DISTRIBUTION Water Distribution Supervisor Lead Water Distribution Service Specialist Utilities Service Specialist Senior Utilities Service Specialist ** *Cross Connection Control Specialist ** *Utilities Customer Service Representative INDIVIDUAL JOB CLASSIFICATIONS *Project Coordinator ** *Probation Officer (Municipal Court) ** *Project Assistant (Engineering & Economic Development) * Indicates an inactive classification series Oob classification exists but not in current budget) ** Indicates some incumbents are covered by Civil Service Rule * ** Stand alone position _ CITY OF BREMERTON MANAGEMENT, PROFESSIONAL, CONFIDENTIAL & FIDUCIARY SALARY PLAN - 2014 General Wage Adjustment 1.5% - Effective 1 -1 -14 PAY SALARY BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 6 23 CITY ATTORNEY MONTH 9,85186 10,350 60 10,609 38 10,874 62 11,146 46 11,425 14 11,710 84 12,003 58 POLICE CHIEF SEMI -MONTH 4,92593 5,17530 5,30469 5,43731 5,57323 5,71257 5,85542 6,00179 ANNUAL 118,222 32 124,207.20 127,312.56 130,49544 133,757 52 137,101 68 _ 140,530 06 - -- 144,042 96 - ..............__._._...... _- - - ._..__..._._..._._..._.... - - .._.._.. _._._. .._._.__....._......_......__._ ............ -_... ..................__.. _......- - -.... _ ...- - SEMI -MO DEF COMP 197.04 207.01 21219 217.49 222.93 228.50 234.22 240.07 22 DIRECTOR OF FINANCIAL SERVICES MONTH 9,37714 9,85186 10,098 16 10,350 60 10,609 38 10,874 62 11,146 46 11,425 14 DIRECTOR OF PUBLIC WORKS 8 UTILITIES SEMI -MONTH 4,68857 4,92593 5,049 08 5,17530 5,30469 5,43731 5,57323 5,71257 FIRE CHIEF ANNUAL 112,525 68 118,222 32 121,177.92 124,207 20 127,31256 130,495.44 133,757 52 137,101 68 REDEVELOPMENT PROJECTS ADMINISTRATOR SEMI -MO DEF COMP 187.54 19704 20196 207.01 212.19 21749 222.93 228.50 21 DIRECTOR OF COMMUNITY DEVELOPMENT MONTH 8,92532 9,37714 9,61158 9,85186 10,098 16 10,35060 10,609 38 10,874 62 SEMI -MONTH 4,46266 4,68857 4,80579 4,92593 5,04908 5,17530 5,30469 5,43731 ANNUAL 107,103 84 112,526 68 115,338 96 118,222 32 121,177 92 124,207.20 127,31266 130,49544 _.....__.......... _._.. - -..... -- -..._... ._._._..._._.__..._._....._..__ -- __ - - ..- ......... ....... .......- ..--- ......_..-- ..__... SEMI -11110 DEF COMP 178.51 18754 19223 197.04 20196 207.01 212.19 217.49 20 ASSISTANT FIRE CHIEF MONTH 8,49526 8,92532 9,14846 9,37714 9,61158 9,85186 10,098 16 10,350 60 CITY ENGINEER SEMI -MONTH 4,24763 4,46266 4,57423 4,68857 4,80579 4,92593 5,04908 5,17530 DIRECTOR OF PARKS & RECREATION ANNUAL 101,943 12 107,103 84 109,781 52 112,525 68 115,338 96 118,222 32 121,177 92 124,207 20 _.... . _ - _....__._..__._....__.._._..._. __._.._... __... - - ._._..._.....__.......... - _ _._....._. -..... - ..._...._...._.._._... -- - .._.._.._.__......_......, _........ ..._._.._......._._....._....._ SEMI -MO DEF COMP 169.91 178.51 182.97 187.54 192.23 197.04 201.96 20701 19 DEPUTY CITY ATTORNEY MONTH 8,08590 8,49526 8,70764 8,92532 9,14846 9,37714 9,61158 9,85186 SEMI -MONTH 4,04295 4,24763 4,35382 4,46266 4,57423 4,68857 4,80579 4,92593 ANNUAL 97,030.80 101,943.12 104,491 68 107,103 84 109,781.52 112,525.68 115,338 96 118,222.32 - - -- - ........._.. - -- ... - .._.._. __........__._._...._......._.. .... -- ......._....:_..._.._.,...... - ......-- ._ ..... .......... - ... __..._._....... _...__..... _...._._.........__.._._.._ ......... - -- _.. SEMI -MO DEF COMP 161.72 16991 174.15 178.51 182.97 187.54 19223 19704 18 MONTH 7,69630 8,08590 8,28806 8,49526 8,70764 8,92532 9,14846 9.37714 SEMI -MONTH 3,84815 4,04295 4,144 03 4,24763 4,35382 4,46266 4,57423 4,68857 ANNUAL 92,355 60 97,030.80 99,456 72 101,943.12 104,491.68 107,103 84 109,781 52 112,525 68 ...__._......._......... - .._.........._.. .._.._..._._........_.. _........__, ........._...._...._......__... _.... -- -.._......._.. ...._....._._.......- -- -- - -- - --- .... - - -- SEMI-MO DEF COMP 16393 161.72 116576 16991 174.15 178.51 18297 18764 17 ASSISTANT CITY ATTORNEY III MONTH 7,32546 7,69630 7,88868 8,08590 8,28806 8,49526 8,70764 8,92532 CITY AUDITOR SEMI -MONTH 3,66273 3,84815 3,94434 4,04295 4,14403 4,24763 4,35382 4,46266 ANNUAL ,..- _.. __..... _ . _._.. - . 87,905.52 92,35560 94,66416 97,030 80 _ 99,456.72 101,943 12 104,491 68 107,103 84 SEMI -MO DEF COMP 148.51 16393 15777 161.72 16576 169.91 174.15 17851 16 ASST COMMUNITY DEVELOPMENT DIRECTOR MONTH 6,97248 7,32546 7,50856 7,69630 7,88868 8,08590 8,28806 8,49526 ASSISTANT FINANCE DIRECTOR SEMI -MONTH 3,48624 3,66273 3,75428 3,84815 3,944 34 4,04295 4,14403 4,24763 FORESTRY MANAGER ANNUAL 63,669 76 87,905 52 90,102 72 92,355 60 94,664.16 97,030 80 99,456 72 101,943.12 INFORMATION SYSTEMS MANAGER SEMI -MO DEF COMP _ -_ . , , _ _ . 139.45 ........ ...... 146 -._ , 150 153.93 157.77 161.72 16676 16991 MANAGING ENGINEER PUBLIC WORKS OPERATIONS MANAGER RISK MANAGER UTILITY OPERATIONS MANAGER WASTEWATER MANAGER WATER RESOURCE MANAGER 15 COURT ADMINISTRATOR MONTH 6,63650 6,97248 7,14680 7,32546 7,50856 7,69630 7,888.68 8,08590 BUILDING OFFICIAL SEMI -MONTH 3,31825 3,48624 3,57340 3,66273 3,75428 3,848 15 3,944 34 4,04295 HUMAN RESOURCE MANAGER ANNUAL 79,638.00 83,669.78 85,761 60 87,905 52 90,102.72 92,355 60 94,66416 97,030 80 PROJECT MANAGER SEMI -MO DEF COMP 13273 13945 142.94 146.51 150.17 153.93 157 77 16172 CITY OF BREMERTON MANAGEMENT, PROFESSIONAL, CONFIDENTIAL & FIDUCIARY SALARY PLAN - 2014 General Wage Adjustment 1.5% - Effective 1 -1 -14 PAY SALARY BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8 14 ASSISTANT FINANCE OFFICER MONTH 6,31670 6,63650 6,80240 6,97248 7,14680 7,32546 7,50856 7,69630 PUBLIC WORKS & UTILITY FINANCE MANAGER SEMI -MONTH 3,15835 3,31825 3,40120 3,48624 3,57340 3,66273 3,76428 3,84815 ANNUAL _ 75,800 40 - 79,638 00 81,628 80 83,669.76 85,761 60 87,905.52 90,102 72 92,355.60 SEMI -MO DEF COMP 126.33 132.73 136.05 139.45 142.94 14651 150.17 15393 13 ASSISTANT CITY ATTORNEY 11 MONTH 6,01232 6,31670 6,47462 6,63650 6,80240 6,97248 7,14680 7,32546 CITY PROSECUTOR SEMI -MONTH 3,00616 3,15835 3,23731 3,31825 3,40120 3,48624 3,57340 3,66273 FLEET MANAGER ANNUAL 72,147 84 75,800.40 77,69544 79,638 00 81,628 80 83,669 76 85,761 60 87,905 52 --. ........_...._........__._..... _.. _._. _.._........_._._._......._._.. -- ..._...._..__....._.... -. _...._.... - ...._- - ........._._... _....._. ..- -...._ ..... - -.... .._.: ..._ _... - -- ....:_. - - __ .._ ... _..-- - ....._._ ... ..... __.._.._.. SEMI -11010 DEF COMP 120.25 12633 12949 132.73 136.05 13945 142.94 146.51 12 ATHLETICS /RECREATION MANAGER MONTH 5,72264 6,01232 6,16266 6,31670 6,47462 6,63650 6,80240 6,97248 CDBG ADMINISTRATOR SEMI -MONTH 2,86132 3,00616 3,08133 3,15835 3,23731 3,31825 3,40120 3,48624 PARKS MAINTENANCE MANAGER ANNUAL 68,671.68 72,147 84 73,951 92 75,800.40 77,695 44 79,638 00 81,628 80 83,659.76 POLICE SUPPORT MANAGER SEMI-11110 DEF COMP - ,.. - ....._...,..._.._._. 11445 - . .- . _ . __ - ... __ 120 - 25 _ -• -, -. _..,..- 12925 . _ ,. . , •. _12633 ._,_._ _ . _ ---- .-- 1_29_49 _ ..• ,.___,__ . __13273 ____.,.- _ „__ -_ _136.05 - ..___._._. 139.45 RISK MANAGEMENT SPECIALIST 11 ADMINISTRATION DIVISION MANAGER MONTH 5,44688 5,72264 5,86568 6,01232 6,16266 6,31670 6,47462 6,63660 EXECUTIVE ASSISTANT SEMI -MONTH 2,72344 2,86132 2,93284 3,00616 3,08133 3,15835 3,23731 3,31825 LEGISLATIVE ASSISTANT ANNUAL 65,362 56 68,671 68 70,388 16 72,147 84 73,951.92 75,800.40 77,695 44 79,638.00 PARALEGAL SEMI _MO DEF COMP , _ .. _ .... ,. - __ . 114_45 . • ...._ ,_ ._ _ 31 _ 120.26, 123.25 126.33 129.49 13273 __....._.....---._._.__- ......- .__.__.___.._._._....._ _- .__._.... - - .._.__ _ _ . PARK DEVELOPMENT PLANNER PUBLIC ACCESS MANAGER SENIOR PLANNER 10 ASSISTANT CITY ATTORNEY I MONTH 5,18440 5,44688 5,58306 5,72264 5,86568 6,01232 6,16266 6,31670 ASSISTANT CITY PROSECUTOR 11 SEMI -MONTH 2,59220 2,72344 2,79153 2,86132 2,93284 3,00616 3,08133 3,15835 BUDGET ANALYST ANNUAL 62,212.80 65,362 66 66,996 72 68,671.68 70,388 16 72,147 - 84 73,95192 75,80040 ....... .. _ . -._._. _ .._ - ..... - - __ . _.... - - - - _ .._._._ ... _ ._ ... . CDBG COORDINATOR SEMI-MO _DEF _COMP .._ ...._.___. _..._- 103,69 _. _ _._. _ 108.94 _ ___..._ _ 11166 _ __- _11445 _ -.._ 117.31 _..__ 120.25 123 25 _ ._.._ -.- _ 129,33 HR ANALYST 11 9 MONTH 4,934 58 5,18440 5,31402 5,44688 5,58306 5,72264 5,86568 6,01232 SEMI -MONTH 2,467 29 2,59220 2,65701 2,72344 2,79153 2,86132 2,93284 3,00616 ANNUAL 59,214.96 62,212.80 63,768 24 65,362.56 66,996 72 68,671 68 70,388 16 72,147 84 SEMI -MO DEF COMP 9869 103.69 106.28 108.94 111.66 114.45 11731 12025 8 BKAT PRODUCTION ADMINISTRATOR MONTH 4,69684 4,934 58 5,05796 5,18440 5,31402 5,44688 5,58306 5,72264 CITY CLERK SEMI -MONTH 2,34842 2,46729 2,52898 2,59220 2,65701 2,72344 2,79153 2,86132 CIVIL SERVICE OFFICER/HR ASSISTANT ANNUAL 56,362 08 59,214 96 60,695 52 62,212.80 53,768.24 65,362.56 66,995 72 68,671 68 - ......... - _......._._. _......._._.__._...__... - - -- ... .... ._..__ .......................... ....._.._......._...._.__...... - - COUNCIUAUDITOR ASSISTANT SEMI -MO DEF COMP 93.94 9869 101 16 10369 106.28 108.94 111.88 11445 7 ASSISTANT CITY PROSECUTOR I MONTH 4,47048 4,69684 4,81422 4,93458 5,05796 5,18440 5,31402 5,44688 CDBG PROGRAM SPECIALIST SEMI -MONTH 2,23524 2,34842 2,40711 2,46729 2,52898 2,59220 2,65701 2,72344 ANNUAL 53,645 76 56,362 08 57,770 64 59,214.96 60,695 52 62,212.80 63,768 24 65,362.55 SEMI -MO DEF COMP 89.41 9394 9628 98691 101 18 103.69 10628 108.94 6 MONTH 4,25506 4,47048 4,58226 4,69684 4,81422 4,93458 5,05796 5,18440 SEMI -MONTH 2,12753 2,23524 2,29113 2,34842 2,40711 2,46729 2,52898 2,59220 ANNUAL 51,060 72 53,645 76 54,987 12 56,362 08 57,770.64 59,214.96 60,695 52 62,21280 SEMI-MO DEF COMP 85.10 89.41 9165 93.94 96.28 98.69 10116 10369 5 LEGAL ASSISTANT II MONTH 4,05004 4,25506 4,36148 4,47048 4,58226 4,69684 4,81422 4,93458 HUMAN RESOURCES GENERALIST SEMI -MONTH 2,02502 2,12753 2,18074 2,23524 2,29113 2,34842 2,40711 2,46729 ANNUAL 48,600 48 51,060 72 52,337.76 53,645 76 54,987 12 56,362 08 57,770 64 59,214 96 _.._..._.__.._...._...- - -- ............__... - - - ._..- ........ - - ...._......._.._._._.._..._. ._- .. _..._.... _ ...._._.... ---- --._.._- .........- -- - ..............--- .._._. _. _....._.__..__..._...._... SEMI -MO DEF COMP 8100 85.10 8723 89.41 91.65 93.94 9628 98.69 4 LEGAL ASSISTANT I MONTH 3,85486 4,05004 4,15128 4,25506 4,36148 4,47048 4,582 26 4,696 84 SEMI -MONTH 1,92743 2,02502 2,07564 2,12753 2,18074 2,23524 2,29113 2,348 42 48,6 ANNUAL 48,258 32 00 48 . 49,815 36 51,060 72 52,337 76 53,845 76 54,98712 66,362 08 -.. _.... -- - ........._.._ -- - ...._.. _._ ..... - - !1, -..._.. - -.. ..._.._......._ ................ _ ._ ... _....._... _..........._......_ -.._. _....__... - - S EMI AA_... O DEF COMP 77.10 81.00 83.03 85.10 87 23 89 41 91 65 93.94 Lori Smith From: Lori Smith on behalf of City Council Sent: Wednesday, March 19, 2014 3:29 PM To: 'Wendy Priest' Cc: stevepriest @comcast.net' Subject: RE: (Amended) March 19 - City Council Meeting Agenda Attachments: MOU Re- Openers 2015.doc Wendy, It was nice to hear from you, and thank you for your comments, which I will provide to the Council Members. I also included the Memorandum of Understanding included in the Council Packets tonight which states the following: The City and the Union agree they will reopen negotiations no later than August 2014 for the following articles only: • Article 5 —Wages for 2015 (entire article) • Article 14 — Insurance Benefits (entire article) You sound like you are keeping very busy! Lori From: Wendy Priest [ mailtomendypriest @ comcast.netl Sent: Wednesday, March 19, 2014 3:17 PM To: Lori Smith; City Council Cc: stevepriest(dcomcast.net Subject: RE: (Amended) March 19 - City Council Meeting Agenda Lori — saw that this was added yesterday, so didn't have a lot of time to put my comments together We have piano and girl scouts tonight and I won't be able to attend, so here's my thoughts if you could forward to council Thank you In regards to the Wage Adjustments for Teamsters and Management & Professional Employees — I'm not sure how you can agree to a wage increase without considering the health insurance benefits While the private sector and other public employees are paying almost 20% more per year for insurance premiums alone, not taking into account higher deductibles, co -pays, and insurance, the city employees are actually already seeing an increase in their net wages factoring in the premium health care benefits they enjoy From what I remember, employees pay nothing for their own insurance, and additional family members pay very little Co -pays are at the minimum of the scale, and I don't recall any co- insurance Compare that to many other families that pay hundreds of dollars a month for health insurance and related costs. For our family, we pay about $1000 a month for premiums, co- insurance, and co -pays. With the current un- employment rate, people having hours cut, and few getting raises (most feeling lucky to be employed!) it seems that wrong thing to do - expecting citizens not enjoying these benefits to pay for it for their city's employees. Teachers have not had a COLA for 6 years' I know we have many wonderful employees in our city, and in different times and a different economy, I would be very supportive The problem it seems is these benefits and wages came about in those times, and now we can not take anything away Continuing to raise the bar is the wrong direction 1 Thank you for your consideration, Wendy Priest From: Lori Smith [ mailto:Lori.Smith(a ci.bremerton.wa.us Sent: Tuesday, March 18, 2014 2:36 PM To: City Council Subject: (Amended) March 19 - City Council Meeting Agenda The attached Agenda has been amended to add Item 7F "Teamsters Collective Bargaining Agreement; and Management & Professional 2014 Wage Adjustment"... From: Lori Smith Sent: Friday, March 14, 2014 10:18 AM To: City Council Subject: March 19 - City Council Meeting Please see the attached Agenda for the City Council Meeting to be held on Wednesday. March 19.2014: beginning with a briefing at 5:00 PM in the Council Conference Room, followed by the televised Council Meeting in the First Floor Chambers at 5:30 PM. You may view the full Council Packet on the City's website by Friday afternoon at: http: / /www.ci .bremerton.wa.us /display.php ?id =580 Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 2 Christine Grenier From: Roy Runyon Sent: Wednesday, March 19, 2014 2 32 PM To: City Council Cc: Roy Runyon Subject: Agenda Item 7F Collective Bargaining Agreement between the City of Bremerton and Teamsters Local 589, and the Management & Professional Employees 2014 Salary Schedule To Whom it may concern, I request that Agenda item 7F. Collective Bargaining Agreement between the City of Bremerton and Teamsters Local 589; and the Management & Professional Employees 2014 Salary Schedule be moved to General Business. Roy Runyon Councilmember, Dist. 6 City of Bremerton i SUMMARY OF CHANGES TO TEAMSTERS AGREEMENT 1.1.5% Wage Adjustment 2.1 additional floating holiday -2014 only 3. Teamsters agree to work with the City's new insurance broker to evaluate alternative insurance benefit plans 4. City will purchase uniforms for the Probation Officer 5. Revised bumping rights /provisions 6. Wage & Benefit reopeners for 2015 MANAGEMENT & PROFESSIONAL EMPLOYEES 1.5% Wage Adjustment for 2014 Per BMC 2.50.031, The City Council shall provide for adjustments to salary band levels as are consistent with the Council's CPI salary adjustment policy each year. FISCAL IMPACTS Teamsters 160,604 Management & Professional 64532 Total 225,136 AGENDA BILL CITY OF BREMERTON 9A CITY COUNCIL ......................................................... ............................... SUBJECT: Public Hearings (2) to approve Study Session Date: Feb 26 & Mar 12, 2014 Sub - concession and Future Assignment of COUNCIL MEETING Date: March 5 & 19, 2014 the Olympic Soccer & Sports Center (OSSC) Department: Parks & Recreation Concession Agreement Presenter: Wyn Birkenthal Phone: 473 -5752 SUMMARY: Olympic Soccer and Sports Center LLC (OSSC) has operated the indoor soccer facility at Pendergast Park under a Concession Agreement for the property with the City since 2001. OSSC has expressed a desire to grant a sub - concession for the operations of the facility to Keystone Financial Management Inc. Keystone intends to raise money through private investors to purchase the buildings and improvements by the conclusion of the 3 -year Sub - concession term, at which time OSSC would assign the Concession Agreement to Keystone. City Council approval is required for the proposed Sub - concession and Future Assignment of the Concession Agreement. Ownership of the underlying property upon which the improvements are located does not change and will remain with the City. ATTACHMENTS: Sub - concession and Assignment of the Concession Agreement with attached: Exhibit A — First Amended Concession Agreement Exhibit B — Memorandum of First Amended Concession Agreement Bremerton Parks and Recreation Commission Advisory Report FISCAL IMPACTS (Include Budgeted Amount): No Fiscal Impact. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑D Public Hearings (2) RECOMMENDED MOTION: March 5 — No Action March 19 — Move to approve the sub - concession and future assignment of the Pendergast Indoor Soccer Center Concession Agreement from Olympic Soccer and Sports Center LLC to Keystone Financial Management Inc., or wholly owned subsidiary thereof, and authorize the Mayor to finalize and execute the proposed agreement and any other related agreements to finalize the proposed transactions with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 SUB - CONCESSION AND ASSIGNMENT OF CONCESSION AGREEMENT THIS AGREEMENT authorizes the sub - concession and future assignment of the First Amended Concession Agreement entered into between the City of Bremerton ( "City ") and Olympic Soccer & Sports Center, LLC ( "Olympic "), to Keystone Financial Management ( "Keystone "). WHEREAS, the City granted a concession to Olympic pursuant to the First Amended Concession Agreement Between the City of Bremerton and Olympic Soccer & Sports Center, LLC executed October 30, 2006 ( "Concession Agreement") for the premises legally described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, a Memorandum of First Amended Concession Agreement was recorded on December 6, 2006 set forth in Exhibit B; and WHEREAS, Olympic desires to grant to Keystone, and Keystone desires to accept, a sub - concession of the Concession Agreement ( "Sub- concession") as set forth herein; and WHEREAS, Keystone and Olympic have entered into an agreement whereby Keystone would acquire all interest in the assets of Olympic in the future including the assignment of the Concession Agreement to Keystone. WHEREAS, the City's consent to a sub - concession and future assignment of the Concession Agreement is required to complete the acquisition by Keystone. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other valuable consideration received, and with the intent to be legally bound, the parties agree as follows: I. SUB - CONCESSION 1. Olympic hereby grants a Sub - concession of the Concession Agreement and all of its right, title, and interest thereunder to Keystone and Keystone hereby accepts such Sub - concession. Keystone shall have all of the rights of Olympic under the Concession except the right of assignment, except as provided herein. For purposes of this agreement, Keystone shall also include any wholly owned subsidiary thereof. 2. The term of the Sub - concession shall expire February 28, 2017. 3. During the term of the Sub - concession, Keystone hereby assumes and agrees to be bound by all of Olympic's obligations under the Concession Agreement. Keystone shall perform all the terms, covenants, and conditions of the Concession Agreement, including the payment of rent and any other required amounts to City, after the date hereof. 1 4. Keystone shall indemnify and hold Olympic harmless from any and all claims, damages, expenses, and liabilities of whatever nature, including attorney's fees, arising under the Concession Agreement or relating to the Premises during the term of the Sub - concession. 5. Keystone shall not assign the Concession Agreement or sublet all or any portion of the Premises without the prior written consent of City pursuant to Section 8.7 of the Concession Agreement. 6. Except as specifically modified herein, the Concession Agreement will continue in full force and effect. II. FUTURE ASSIGNMENT 1. Keystone and Olympic intend to work together during the term of the Sub - concession Agreement to enter into an agreement whereby Keystone would acquire all interest in the assets of Olympic in the future including the assignment of the Concession Agreement to Keystone. Any assignment of the Concession Agreement would have to be completed by the date of termination of the sub - concession. For purposes of this assignment, Keystone shall also include any wholly owned subsidiary thereof. 2. Upon assignment of the Concession Agreement, Keystone shall indemnify and hold Olympic harmless from any and all claims, damages, expenses and liabilities of whatever nature, including attorney's fees, arising under the Concession Agreement or relating to the Premises. 3. Upon assignment of the Concession Agreement, Keystone shall be responsible to the City for the full and faithful performance of the Concession Agreement, including, but not limited to, the insurance provisions of Section 8.5 and indemnification provisions of Section 8.6 of the agreement. 4. Pursuant to Section 8.7 of the Concession Agreement, Olympic shall remain responsible to the City for the full and faithful performance of the Concession Agreement upon its assignment to Keystone. III. CITY'S CONSENT TO SUB - CONCESSION AND FUTURE ASSIGNMENT 1. City hereby consents to the sub - concession of the Concession Agreement set forth herein from Olympic to Keystone. The City's consent to the granting of a sub - concession does not relieve Olympic of any of the duties and obligations of the Concession Agreement to the City. 2. City hereby consents to the future Assignment of Concession Agreement from Olympic to Keystone or a subsidiary thereof. Any assignment shall occur during the term of the Sub - concession set forth above. If an assignment of the Concession Agreement from Olympic to Keystone is not completed by the date of termination of the sub - concession from Olympic to Keystone as provided in this agreement, this agreement expires and Keystone shall not have any 2 further interest in this agreement, including, but not limited to, any sub - concession or assignment of the premises. 3. By executing this Agreement, the City is only consenting to the Sub - concession and future assignment of the Concession Agreement and does not assume any obligations of Olympic or Keystone with respect to the Sub - concession or assignment. 4. As noted is Section II(4) above, the City's consent to the granting of an assignment does not relieve Olympic of any of the duties and obligations of the Concession Agreement to the City. IV. EFFECTIVE DATE OF SUB - CONCESSION AND ASSIGNMENT. 1. The sub - concession granted herein shall become effective upon the date this agreement is fully executed by the parties hereto. 2. The assignment of the Concession Agreement shall become effective upon execution of written documentation of the assignment, executed by the parties hereto. The City's execution of such documentation by the Mayor is conditioned upon the Mayor's determination that: a) Olympic and Keystone are in compliance with the terms and conditions of this agreement; and b) Olympic and Keystone not in default of the Concession Agreement at the time of assignment. If the above conditions are not met, further review and approval by City Council is required. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors, and assigns. IN WITNESS WHEREOF, this Agreement is executed on the date fully executed below. OLYMPIC SOCCER & SPORTS CENTER, LLC By: Its: (Notary on next page) 3 STATE OF COUNTY OF In , on the day of , 2014, before me, a Notary Public in and for the above state and county, personally appeared [list nainae of`Olvmpic], known to me or proved to be the person named in and who executed the foregoing instrument, and being first duly sworn, such person acknowledged that he or she executed said instrument for the purposes therein contained as his or her free and voluntary act and deed. NOTARY PUBLIC My Commission Expires: (SEAL) KEYSTONE FINANCIAL MANAGEMENT By: Its: STATE OF COUNTY OF In , on the day of , 2014, before me, a Notary Public in and for the above state and county, personally appeared [last name of Keystone], known to me or proved to be the person named in and who executed the foregoing instrument, and being first duly sworn, such person acknowledged that he or she executed said instrument for the purposes therein contained as his or her free and voluntary act and deed. NOTARY PUBLIC My Commission Expires: (SEAL) 4 CITY OF BREMERTON Patty Lent, Mayor STATE OF WASHINGTON COUNTY OF KITSAP In , on the day of , 2014, before me, a Notary Public in and for the above state and county, personally appeared Patty Lent, Mayor of the City of Bremerton, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument on behalf of said municipal corporation. NOTARY PUBLIC My Commission Expires: (SEAL) R•\Legal\Legal\Files \Current Active Files \Olympic Soccer\Assignment of Concession Agreement - Keystone\Attachment A Letter of Agreementl - Clean docx 5 EXHIBIT A FIRST AMENDED CONCESSION AGREEMENT BETWEEN THE CITY OF BREMERTON AND OLYMPIC SOCCER & SPORTS CENTER, LLC This First Amended Concession Agreement between the City of Bremerton (CITY) and Olympic Soccer & Sports Center, LLC (CONCESSIONAIRE) specifically amends the Concession Agreement entered into between the parties on June 20, 2001 ( "Concession Agreement ") collectively referred to hereinafter as ( "Agreement ") WHEREAS, CONCESSIONAIRE desires to construct an addition to the current structure to add a second indoor playing field to the facility, and WHEREAS, the CITY has agreed to amend the Concession Agreement to grant additional space to the concession for the second indoor playing field, NOW, THEREFORE, for valuable consideration and by mutual consent of the parties, the Concession Agreement is hereby amended and replaced in its entirety to read in full as follows: ARTICLE 1. CONCESSION. 1.1 Concession of Premises. 1.1.1 Premises Described. CITY hereby grants a ground and use concession to CONCESSIONAIRE for the Premises, approximately fifty thousand square feet (50,000 sq. ft.) of land (hereinafter referred to as "Concession Area ") within the confines of the Pendergast Regional Park and legally described in Exhibit A attached hereto and incorporated by reference. This concession is granted for the development, construction, maintenance and operation, for profit, of an indoor athletic facility consisting a permanent structure of approximately fifty thousand square feet (50,000 sq. ft.) ) as well as for related fixtures, appurtenances, parking and exterior landscaping (hereinafter referred to as "Improvements "), and generally shown in the preliminary building and site plan in Exhibit B attached hereto and incorporated by reference. (Collectively referred to as "Premises ") Premises does not include the fee ownership or leasehold interest of the real property upon which the Premises are located. CONCESSIONAIRE hereby agrees to the terms and conditions of this Agreement. The PARTIES agree that upon the date of execution of this First amended Concession Agreement, the Premises consists of permanent structure of approximately thirty thousand square feet (30,000 sq. ft.) and related improvements, and that the CONCESSIONAIRE intends to construct an addition of approximately twenty thousand square feet (20,000 sq. ft.) to the current structure to add a second indoor playing field to the Premises ( "Second Field "). The PARTIES further agree that any and all current or future development and construction of Improvements on the Premises are owned by CONCESSIONAIRE subject to any security interest of lender, if any, and subject to the CITY's right, title and interest at the expiration or termination of this Agreement pursuant to Article 2.4. 1 The common address of the Premises is 1199 Union Avenue Bremerton WA, 98312. 1.1.2 Right of Entry. In addition. to the Premises described above, the CITY grants CONCESSIONAIRE 1) a Right of Entry for ingress and egress to and from the public right -of- way (Union Avenue) over and upon the City parks properties and roadway to access the Premises and 2) a 15 foot Right of Entry buffer adjacent to and abutting above described Concession Area for maintenance and repair of the Improvements as identified in Exhibit B, (Collectively "Rights of Entry"). CONCESSIONAIRE's use of the Rights of Entry granted herein shall not be used in a manner inconsistent with or interfere with the CITY's use of the property. CONCESSIONAIRE shall not install any structures or other improvements on the Rights of Entry without the CITY's prior written approval. Such approval shall be at the CITY's sole discretion. The Rights of Entry shall terminate upon the expiration or termination of this Agreement. 1.2 Possession, Quiet Enjoyment & Covenants. Except as provided in Articles 3 & 4.3 herein, the CONCESSIONAIRE shall be entitled to exclusive possession of the Premises upon commencement of the development and construction of the Premises as defined by Article 5.4 herein. Upon taking possession of the Premises, and on performing all the covenants and conditions herein, the CONCESSIONAIRE shall peaceably and quietly have, hold, and enjoy the Premises at all times during the full term of this Agreement. Every covenant in this Agreement shall be deemed and treated to be a covenant running with the Premises during the full term of the Agreement, and shall extend to the heirs, legal representatives, successors, and assigns of the PARTIES. No change in CITY's ownership of the Premises, or rights to the payments hereunder, however accomplished, shall operate to enlarge the obligations or reduce the rights of CONCESSIONAIRE. No change in CITY's ownership of the Premises shall be binding upon CONCESSIONAIRE for any purpose until CONCESSIONAIRE shall have been given notice thereof. ARTICLE 2. TERM OF AGREEMENT 2.1 Term. The term of this Agreement shall be fifteen (15) years, commencing June 20, 2001, the EFFECTIVE DATE of this Agreement. 2.2 Option to Renew. The CITY agrees to offer the CONCESSIONAIRE three (3) successive ten (10) year options to renew this Agreement, contingent upon 1) CONCESSIONAIRE remaining in full compliance with the terms and conditions of this Agreement and 2) the CITY accepting the level of insurance coverage required in Article 8.5.2 for each new ten (10) year term exercised by CONCESSIONAIRE, which acceptance will not be unreasonably denied. Each ten (10) year option to renew shall renew automatically unless CONCESSIONAIRE gives the CITY prior written notice of its desire not to renew or the CITY gives CONCESSIONAIRE prior written notice of CONCESSIONAIRE's failure to be in full compliance with the terms and conditions of this Agreement in which case the CONCESSIONAIRE shall be given the opportunity to cure such default pursuant to Article 7.2. The CONCESSIONAIRE may terminate this Agreement at any time with prior written notice to 2 the CITY. The CITY may request a review of insurance coverage required in Article 8.5.2 pursuant to Article 3.1.2. The CITY may request CONCESSIONAIRE to cure any default and come into full compliance with the terms and conditions of this Agreement at any time pursuant to Article 7.2. The failure of CONCESSIONAIRE to provide prior written notice not to renew or failure of the CITY to accept the level of insurance coverage or cure any default or request full compliance with the terms and conditions of this Agreement shall not constitute a waiver by either party. 2.3 Right of First Refusal. Upon the expiration of all terms of this Agreement, CONCESSIONAIRE shall have a Right of First Refusal for a new Concession but this right shall only extend to the right to operate a recreation facility similar in scope to the uses identified and authorized in Article 4.1.1 of this Agreement and only if the CITY requests such use in its solicitation for a concessionaire for the Premises. If the City desires a different use for the Premises, then CONCESSIONAIRE shall not have a Right of First Refusal. 2.4 Improvements- Expiration or Termination of Agreement. Upon the expiration of the term(s) of this Agreement or upon the termination of this Agreement, other than as a result of condemnation proceedings, the then existing Improvements on the Premises will become the property of and owned by the CITY and the CITY shall have all right, title and interest in the same. ARTICLE 3. CONSIDERATION 3.1. Consideration for Concession. 3.1.1 Cash and Premises Use. As consideration for the ground and use concession granted by the CITY to the CONCESSIONAIRE by Article 1 herein, the CONCESSIONAIRE shall provide fair and equitable compensation to the CITY in the form of cash payments and hours of use of the Premises, subject to Article 3.1.4 of this Agreement. Premises use by the CITY shall be governed by Article 3.3 herein. Consideration shall be established pursuant to a formula including the square footage value of the Concession Area, parking use, outdoor lighting costs and hours of use of the Premises by the City as set forth in Exhibit C. Based upon Exhibit C, the CONCESSIONAIRE shall provide the CITY with an annual total of 150 hours of Premises use and further shall pay the CITY One Thousand Dollars and No Cents ($1000.00) per month beginning on the first full month following the month a certificate of occupancy is issued to CONCESSIONAIRE for the Second Field. The Premises use shall be per hour per field; said kinds of use to be determined at the sole discretion of the CITY. The monthly cash payment shall be adjusted every year during the term(s) of this Agreement based upon the prior years' Consumer Price Index (CPI) for all urban consumers as published by the United States Department of Labor for Seattle- Tacoma - Bremerton, all items (1982 -84 -100). For purposes of the CPI adjustment, the base shall be the June 2006 CPI index June to June every year (i.e. June 2006- June 2007). The CPI adjustment shall occur on the following January I' of each year during the term of this Agreement. No adjustment, whether an increase or a decrease, shall exceed two percent (2 %) annually. CONCESSIONAIRE shall make this payment to the City by 3 the fifteenth day of the month following the end of each month. CONCESSIONAIRE may prepay these monthly payments on a quarterly, semi - annual or annual basis or as otherwise approved by the CITY. 3.1.2 Re- Opener of Compensation and Insurance Coverage. At any time within 180 days prior to the beginning of each ten (10) year term or any time after the beginning of any ten (10) year term, either party may request a re- opener of the consideration and leasehold tax set forth in Article 3 and the insurance coverage required in Article 8.5.2. The parties acknowledge that it is the intent to provide no more than one re- opener for each ten (10) year term, or remaining portion thereof if notice to re -open is given after the beginning of the new term, unless the parties mutually agree to additional re- openers. Upon such request, the parties will, in good faith, review the consideration, leasehold tax and/or insurance coverage, and further, negotiate and make appropriate adjustments to reflect changes in market values and use of the Premises using as the basis the date and the consideration, leasehold taxes, insurance coverage, use of Premises and other relevant factors which established the figures requested to be reviewed. In the event the PARTIES cannot reach an agreement following review and negotiation, the PARTIES agree to mediate the issues in dispute. 3.1.3 Leasehold Excise Tax. Pursuant to RCW 82.29A.020(l), concessions fall within the definition of leasehold interest, therefore, even though this Agreement is not for a lease, it is still subject to the leasehold tax set forth in Chapter 82.29A RCW. Accordingly, CONCESSIONAIRE agrees to pay, in addition to other taxes and fees pursuant to Article 8.4.2, the leasehold excise tax pursuant to Chapter 82.29A RCW. The tax will be based on the current value of use of the property through this Agreement (concession rate value) as set forth in Exhibit C in the amount of $21,000.00 per year. Since partial consideration to the City for this property use consists of hours of field use at the Premises established through a formula based upon the current hourly value of field use, no adjustments will be made for the property use or value of field use during the term(s) of this Agreement. Therefore, for purposes of assessment and payment of the leasehold tax only, the value of the use of the property ($21,000.00) will be adjusted every five years during the term(s) of this Agreement based upon the prior five years' Consumer Price Index (CPO for all urban consumers as published by the United States Department of Labor for Seattle- Tacoma - Bremerton, all items (1982 -84 -100) For purposes of the CPI adjustment, the base shall be the June 2002 CPI index June to June every five years (ie. June 2002- June 2007). The CPI adjustment shall occur on the following January 1S` of each year during the term of this Agreement. No adjustment, whether an increase or a decrease, shall exceed two percent (2 %) annually. In addition, CONCESSIONAIRE agrees to pay when due, the leasehold excise tax, or any additional assessments thereto, with respect to any payment or obligation hereunder, which is deemed by the State of Washington to be taxable rent under said chapter and to indemnify and hold the City harmless from the same. CONCESSIONAIRE shall pay quarterly to the City by the fifteenth day of the month following the end of each quarter, or as otherwise required by the State of Washington, the amount of the leasehold tax owing. CONCESSIONAIRE may prepay these quarterly payments on a semi - annual or annual basis or as otherwise approved by the CITY. 4 3.1.4 Reversion of Second Field Concession Area and Compensation. Unless otherwise agreed to in writing, in the event, the CONCESSIONAIRE is not issued a Certificate of Occupancy for the Second Field by December 31, 2007, the Concession Area as defined in Article 1.1.1 shall automatically revert to the original 30,000 square foot Concession Area defined in the Concession Agreement entered into between the parties on June 20, 2001 plus a 15 foot Right of Entry buffer adjacent to and abutting said 30,000 square feet Concession Area for maintenance and repair of the Improvements as identified in Article 1. 1.2 of this Agreement. In addition, the consideration set forth in Article 3. 1.1 of this Agreement shall revert to the original annual compensation of 182 hours of PREMISES use as identified in Article 3.3 of the June 20, 2001 Concession Agreement and no cash payments. 3.2 Athletic Equipment/Personal Property Use. Premises use by the CITY received as consideration for this Agreement does not include the use by the CITY of any of the CONCESSIONAIRE's athletic equipment or other personal property. Use by the CITY of any of the CONCESSIONAIRE's athletic equipment or other personal property will be negotiated separately between the CITY and the CONCESSIONAIRE and is outside the scope of this Agreement. 3.3 Timing of Premises Use by CITY. The consideration paid by the CONCESSIONAIRE in the form of Premises use by the CITY shall commence accruing from the EFFECTIVE DATE of this Agreement. It is mutually understood and agreed that the CITY can receive its full annual compensation of 150 hours of Premises use at any time during the 12 month period - beginning with the EFFECTIVE DATE of this Agreement and every 12 month period thereafter. 3.4 Premises Use by CITY. 3.4.1. Types of Use. The hours of Premises use provided by the CONCESSIONAIRE to the CITY in consideration for this Agreement are intended to provide recreational opportunities of a suitable and compatible nature for the residents of the CITY as part of the Parks and Recreation programs. Such Premises use by the CITY shall be without cost to the CITY to the extent of the 150 hours annually, pursuant to Article 3.2 herein. 3.4.2 Maintenance & Utility Costs /Clean -Up After Use. The CONCESSIONAIRE shall be responsible for all overhead costs, including the utilities and general maintenance, of the Premises during the use of the Premises by the CITY. The CITY agrees to clean -up the Premises after each CITY use. 3.4.3 Damage, Claims, & Liability. The CITY shall be responsible for all damage or claims that may arise out of the Premises use by any of the CITY's employees, agents, guests, or invitees. The CITY, during such periods of use, shall supervise or cause the CITY's employees, agents, guests, or invitees to be supervised. The provisions for mutual indemnity, hold harmless, and liability insurance pursuant to Articles 8.5 & 8.6 herein apply during Premises use by the CITY. 5 3.5 Scheduling Premises Use by CITY. The CITY and the CONCESSIONAIRE shall meet at times as necessary, to determine how such Premises use hours shall be allocated to the CITY in the upcoming quarter in accordance with the following provisions. 3.5.1 Spring and Summer Quarters. The CITY shall have the full discretion to determine which hours of Premises use the CITY intends to use during the Spring quarter (April, May, & June) and Summer quarter (July, August, & September) of each year. At the CITY's discretion, the CITY has the right to schedule its full annual compensation of 150 hours of Premises USE during the Spring and Summer quarters. 3.5.2 Fall and Winter Quarters. The CONCESSIONAIRE shall have the full discretion to determine which hours of Premises use the CONCESSIONAIRE intends to use during the Fall quarter (October, November, & December) and Winter quarter (January, February, & March) of each year. The CONCESSIONAIRE has the right to schedule the CITY's remaining compensation, if any, of Premises USE not previously scheduled by the CITY during the Spring and Summer quarters. 3.6 CITY's Increased Premises Use. The CITY shall have the full discretion to determine which hours of the CITY's Premises use will be accounted against the CITY's annual compensation of 150 hours. The CITY may increase its hours of Premises use beyond its annual compensation by paying to the CONCESSIONAIRE an hourly rate then in effect by the CONCESSIONAIRE and with scheduling at the discretion of the CONCESSIONAIRE. ARTICLE 4. USE & OPERATION OF PREMISES 4.1 Use of Premises 4.1.1 Indoor Athletic and Recreational Uses. The CONCESSIONAIRE will use and occupy the Premises throughout the full term of this Agreement for the purpose of providing indoor athletic, educational, entertainment, community activities, and recreational opportunities, all related to the operation of an indoor recreation facility. CONCESSIONAIRE shall take reasonable precautions in securing the Premises during the full term of this Agreement. 4.1.2 Incidental Uses. The CONCESSIONAIRE may provide concessions in the form of food and beverage and the sale of incidental items directly related to the use of the recreation facility including, but not limited to, gym equipment, soap, shampoo, and similar shower supplies, and clothing related to athletic pursuits. 4.1.3 Security and Nuisance During Use. The CONCESSIONAIRE shall take reasonable precautions in securing the Premises during the full term of this Agreement. The CONCESSIONAIRE shall use the Premises for no unlawful purposes and shall not use or occupy the Premises in any manner, which would constitute a public nuisance or violate State or CITY laws. 6 4.2 Operating Hours. The availability of recreational opportunities for CITY residents is a material consideration for this Agreement. Accordingly and during the full term of this Agreement, the CONCESSIONAIRE shall continuously conduct and carry on the CONCESSIONAIRE'S permitted uses and shall keep the Premises open for business and cause the CONCESSIONAIRE'S business to be conducted therein during the usual business hours of each and every business day as mutually agreed upon. This provision shall not apply if the Premises should be closed and the business of CONCESSIONAIRE is temporarily suspended on account of labor strikes, lockouts, or similar causes beyond the reasonable control of CONCESSIONAIRE, or for maintenance, remodeling, repair, or renovation as approved by the CITY in writing (including approvals of any construction schedules.) The CONCESSIONAIRE covenants and agrees to provide sufficient personnel, and to keep the Premises adequately stocked with merchandise, recreational equipment, fixtures, and facilities so as to conduct its business in accordance with sound business practice. The CONCESSIONAIRE, in order to keep its business commitments, shall be in operation in accordance with sound business practice. 4.3 Entry by CITY. CITY may enter the Premises at all times to inspect; provide services required hereunder; post notices of CONCESSIONAIRE's noncompliance with the provisions of this concession, all without being deemed a constructive eviction. Any person or persons who may have an interest in the purpose of CITY's visit may accompany CITY. CITY has the right to use any and all means that CITY deems proper to open doors and gates in an emergency in order to obtain entry to the Premises. 4.4 Health Inspections. CONCESSIONAIRE shall not knowingly commit or willfully permit to be committed any act or thing contrary to the rules and regulations prescribed by the local board of health, or which shall be contrary to the laws, rules or regulations of any federal, state or municipal authority. CONCESSIONAIRE shall allow the Bremerton - Kitsap County Health Department to make regular and ordinary inspections of the Premises as said health department may deem proper. 4.5 Maintenance, Repair, & Improvements 4.5.1 Maintenance. CONCESSIONAIRE shall, at its sole cost and expense, clean and maintain the Premises, and make repairs, restorations, and replacements to the Premises, including without limitation the heating, ventilating, air conditioning, mechanical, electrical, and plumbing systems, structural roof, walls, and foundations, roof coverings, sprinkling and irrigation systems, playing surfaces and the fixtures and appurtenances to the Premises as and when needed to preserve them in "first class" condition and repair (less normal wear from use) throughout the full term. CONCESSIONAIRE shall further keep in repair and maintain as necessary all machinery, equipment and facilities necessary for the playing of sports and the comfort of players. CONCESSIONAIRE shall paint the exterior of the buildings (except the metal) with such frequency as may be required to maintain their good, clean appearance. All such repairs, restorations, and replacements will be in quality and workmanship at least equal to the original work or installations. If CONCESSIONAIRE fails to make such repairs, restorations, or replacements, CITY may make them at the expense of CONCESSIONAIRE and such expense 7 will be paid by CONCESSIONAIRE within fifteen (15) days after delivery of a statement for such expense. 4.5.2 Sidewalks Maintenance. At its sole cost and expense, CONCESSIONAIRE shall maintain any sidewalks on the Premises in good and presentable condition during the full term of this Agreement, shall be responsible for correcting any unsafe conditions, and shall be responsible for the removal of ice and snow from the sidewalks. 4.5.3 Janitorial Services. At its sole cost and expense, CONCESSIONAIRE shall keep the Premises clean, and shall provide sufficient janitorial services to maintain a tidy appearance on and about the Premises. CONCESSIONAIRE shall provide landscaping maintenance services, as applicable such that landscaping on the Premises remains healthy, attractive, and well maintained. 4.5.4 Repair of Damage. In the event any damage or injury shall occur to the Premises of any kind or nature whatsoever, CONCESSIONAIRE shall promptly cause said damage or injury to be fully repaired at CONCESSIONAIRE'S own cost and expense. In the event CONCESSIONAIRE fails to accomplish such repairs within fifteen (15) days of receipt of written notice by the CITY, then in that event CITY may, but is not required to, enter the Premises and accomplish such repairs and bill CONCESSIONAIRE who will pay the bill within fifteen (15) days after delivery of a statement for such expense. 4.5.6 Improvements. The CONCESSIONAIRE shall be solely responsible for providing adequate funding for any alterations or improvements as provided in this Agreement and such alterations or improvements shall be made without cost to the CITY. 4.5.7 Alterations of Premises after Construction. After such time as the Premises have been completed and accepted as defined above, the CONCESSIONAIRE shall not make any material alteration to the Premises including any changes to the landscaping, without the CITY'S prior written consent. 4.6 Signs. CONCESSIONAIRE may place and maintain signs upon the Premises in accordance with applicable sign and zoning codes of the CITY. 4.7 Utilities. 4.7.1 Utility Services and Expense. The CONCESSIONAIRE will pay for all water, gas, garbage, sewage, electricity, telephone, and other utilities and communications services used by CONCESSIONAIRE on the Premises, whether or not such services are billed directly to CONCESSIONAIRE. CONCESSIONAIRE will also procure, or cause to be procured, without cost to the CITY, any and all necessary permits, licenses, or other authorizations required for the lawful and proper installation and maintenance upon the Premises of utility appurtenances and appliances for use in supplying such utilities and services to and upon the Premises. The CITY, upon request of CONCESSIONAIRE, and at the sole expense and liability of the 8 CONCESSIONAIRE, will join with CONCESSIONAIRE in any application required for obtaining or continuing any such services, provided that such services do not violate any other applicable provision of this Agreement. The CITY shall not be held liable for any injury, loss, or damage caused by or resulting from any interruption or failure of utility services due to any cause whatsoever, except the CITY's sole negligence. CONCESSIONAIRE shall not be entitled to any offset, reduction, or return of consideration as a result of any interruption or failure of services. 4.7.2 Trash & Garbage. The CONCESSIONAIRE shall place all trash and garbage into such areas and containers as are designed and intended to accommodate the trash and garbage generated within or on the Premises. The CONCESSIONAIRE shall not allow trash and/or garbage to accumulate such that a nuisance or health hazard results. 4.8 Parking. The CITY will be responsible to provide adequate parking to support the Premises and its operations. 4.9 Hazardous Substances. 4.9.1 Definition. As used herein, the term "Hazardous Substance" means any hazardous, toxic, or dangerous substance, waste, or material, which is or becomes regulated under any federal, state, or local statute, ordinance, rule, regulation, or other law now or hereafter in affect pertaining to environmental protection, contamination, or cleanup. 4.9.2 Information. CONCESSIONAIRE shall keep upon the Premises, in a location accessible to CITY, on request during normal business hours, copies of all reports regarding hazardous or toxic materials in the Premises that CONCESSIONAIRE has providcd to any governmental agency in the previous quarter. CONCESSIONAIRE shall, upon request and at CONCESSIONAIRE'S expense, provide CITY with a copy of any such report as to which CITY request a copy. In the event of any accident, spill, or other incident involving hazardous or toxic matter that CONCESSIONAIRE is required to report to any governmental agency, CONCESSIONAIRE shall immediately report the same to the CITY and supply CITY with all information and reports with respect to the same, together with CONCESSIONAIRE'S clean-up or remediation plan and schedule. If such clean-up or remediation plan is not acceptable to CITY in CITY'S sole discretion, CITY may so notify CONCESSIONAIRE and, upon 48 hours prior written notice (or without notice if so required by an emergency) may enter on the Premises to conduct the cleanup or remediation and charge CONCESSIONAIRE the costs thereof. All information described herein shall be provided to CITY regardless of any claim by CONCESSIONAIRE that it is confidential or privileged, provided that the CITY shall not publish or disclose the information to any third party except as pursuant to Chapter 42.56RCW. 4.9.3 Indemnification. CONCESSIONAIRE agrees to hold harmless, protect, indemnify, and defend CITY from and against any damage, loss, claim, or liability, INCLUDING Attorney's fees and costs, resulting from CONCESSIONAIRE'S use, disposal, transportation, generation, and/or sale of any Hazardous Substances. The CITY agrees to hold 9 harmless, protect, indemnify, and defend CONCESSIONAIRE from and against any damage, loss, claim, or liability, including attorney's fees and costs, resulting from (a) Hazardous Substances existing on the Premises as of the EFFECTIVE DATE of this Agreement; or (b) Hazardous Substances thereafter used, disposed of, or generated on the Premises by the CITY. These indemnities will survive the termination of this Agreement, whether by expiration of the Term or otherwise. 4.10 Risk of Loss. All personal property of any kind or description whatsoever in the Premises shall be at the CONCESSIONAIRE's sole risk, and CITY shall not be liable for any damage done to, or loss of, such personal property. However, CONCESSIONAIRE is not responsible for losses or claims of stolen property under the care and contol of the CITY during the CITY'S use periods. ARTICLE 5. DESIGN & CONSTRUCTION OF PREMISES 5.1 Design. The CONCESSIONAIRE shall retain a licensed architect or licensed professional engineer, registered in the State of Washington (hereinafter referred to as the DESIGN ENGINEER), who shall design the indoor athletic facility, the Second Field and other related Improvements. The CITY shall have the right to approve the final design of the Improvements and shall have a continuing right to approve the exterior color of any structure on the Premises. CONCESSIONAIRE shall comply with the Americans with Disabilities Act of 1990 (ADA) in the design, construction, and operation of the Premises. 5.2 Building & Site Plans. The CONCESSIONAIRE shall retain a licensed architect or licensed professional engineer, registered in the State of Washington, to prepare building and site plans for the Premises, which shall reference the structure, the Second Field and other related Improvements, utilities generally, and landscape plan as applicable. The CITY shall have the right to approve the final building and site plans. 5.3 Construction /Site Work/Fencing. The CONCESSIONAIRE shall be solely responsible for all development and construction of the Premises and hold the CITY harmless from any and all claims arising out of the development and construction of the Premises pursuant to Article 8.6 herein. CONCESSIONAIRE shall be responsible for the site work, all required permits and grading. CONCESSIONAIRE shall properly barricade the work area and install signage directing unauthorized person from entering onto the building site during any phase of development or construction. Unless otherwise agreed fencing shall be placed around the work area. In addition, the building site shall be kept in a clean and organized condition during development periods. CONCESSIONAIRE shall be responsible for site security, traffic and pedestrian warnings at the site during the development and construction phases. 5.4 Construction Deadlines. CONCESSIONAIRE shall be required to commence development and construction of the Second Field within six months of the EFFECTIVE DATE of this Agreement. Commencement of development and construction of the Second Field is defined as that date upon which physical movement or grading of the soil in preparation for construction of 10 any structure on the Premises. CONCESSIONAIRE shall be required to complete the development and construction of the Premises within one year of the EFFECTIVE DATE of this Agreement. Completion of the development and construction of the Second Field is defined as that date upon which all final occupancy permits are obtained by the CONCESSIONAIRE. 5.5 Failure to Meet Construction Deadlines/Time of Essence. Except as provided in Article 8.15 herein, it is mutually understood and agreed that failure by the CONCESSIONAIRE to meet the development and construction deadlines shall constitute a material breach of this Agreement by the CONCESSIONAIRE and the CITY, at its option, can terminate this Agreement for cause pursuant to Article 7. Time is of the essence with this Agreement. 5.6 Stormwater Drainage, Sewer, & Water Lines. The CONCESSIONAIRE will be responsible for relocating storm drains, sewers, and water lines to the Premises, as required to complete any development and construction of the Premises. 5.7 Development and Construction Fees & Expenses. The CONCESSIONAIRE shall be responsible for obtaining and paying for necessary permits, fees, and expenses associated with the development and construction of the Premises. In addition, CONCESSIONAIRE shall be responsible for any additional costs for inspections billed to the CITY by any government agency, including but not limited to the City of Bremerton, Kitsap County, or the State of Washington. 5.8 Escrow Requirements To Ensure Performance of Contractors. It is mutually understood and agreed that the CONCESSIONAIRE will, prior to the commencement of development and construction of the Premises pursuant to Article 5.4 herein, place into escrow funds sufficient to ensure contractor performance through completion of construction and development of the Premises. 5.9 Not a Public Works Project. The development and construction of the Premises is not a public works project requiring the payment of prevailing wages. CONCESSIONAIRE is the developer and the CITY is not an owner, partner, joint venturer, nor maintains any other business relationship with the CONCESSIONAIRE regarding the Premises other than as grantor of a concession and user of the Premises. The CITY is not involved with, nor has any responsibilities for, the biding, contracting or operations of the Premises and will occupy no space in the Premises. The CONCESSIONAIRE does not deem itself required to pay prevailing wages nor will the CONCESSIONAIRE be obligated to pay or to contract for prevailing wages or any other standard of payment controls associated with this project. This provision is a material part of the consideration for this Agreement. The project signage and all literature, advertising by either the CITY or CONCESSIONAIRE shall not indicate in any manner that this is a CITY project, contract, or other misleading statement indicating that this project is a public work project directly or indirectly. 5.10 No Liens. Except liens and encumbrances of any lender pursuant to Article 6 herein, it is mutually understood and agreed that the CONCESSIONAIRE shall have no authority, express or 11 '1 ,i implied, to create or place or to allow to be created or placed any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of the CITY in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with CONCESSIONAIRE, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the right and interest granted to CONCESSIONAIRE by this Agreement. If any such liens are filed, CITY may, without waiving its rights and remedies for breach, and without releasing CONCESSIONAIRE from its obligations hereunder, require CONCESSIONAIRE to post security in form and amount reasonably satisfactory to CITY or cause such liens to be released by any means CITY deems proper, including payment in satisfaction of the claim giving rise to the lien. CONCESSIONAIRE shall pay to CITY upon demand any sum paid by CITY to remove the liens. Further, CONCESSIONAIRE agrees that it will save and hold the CITY harmless from any and all loss, cost, or expenses based on or arising out of the asserted claims or liens, except those of the lender, against this Agreement or against the right, title, and interest of the CITY in the Premises or under the terms of this Agreement, including reasonable attorney's fees and costs incurred by CITY in removing such liens, and in enforcing this paragraph. Additionally, it is mutually understood and agreed that this paragraph is intended to be a continuing provision applicable to future repairs and improvements after the initial construction phase. ARTICLE 6. FINANCING & SECURITY INTERESTS 6.1 Financing - No CITY Obligation. CONCESSIONAIRE shall be solely responsible for all financing requirements for all construction, maintenance, repairs, or subsequent improvements to the Premises. The CITY shall be under no obligation directly or indirectly to pay for any labor, material, or improvement associated with the facility except as provided herein or mutually agreed upon. The CONCESSIONAIRE shall, in applying and obtaining financing, inform any lender that the CITY has no financial obligations associated with the construction, maintenance, repairs or subsequent improvements to the Premises. 6.2 Security Interest in Premises & Agreement/Consent. The CITY consents to the grant, transfer, pledge and assignment of any and all right, title, claim, interest of CONCESSIONAIRE in and to this Agreement and in the Premises, and in any building facility, personal property and fixtures in the Premises ( "Collateral ") to lender for financing purposes. The CITY shall recognize lender's first priority security interest in the Collateral and the CITY hereby subordinates any and all interest of the CITY in said Collateral to lender. CONCESSIONAIRE acknowledges that the CITY will not grant any security interest to any lender in CITY real property nor will the CITY allow any encumbrance of any kind or nature whatsoever upon, or in any manner on its title to CITY real property. In the event of default by CONCESSIONAIRE to lender, in addition to all its rights and remedies available at law and equity, lender may enforce and/or foreclose its security interest/interests in the Collateral. CITY agrees that in connection with any such default, and all without further consent of CITY, lender may: a. Acquire CONCESSIONAIRE'S interest in the Collateral either by a deed in lieu of foreclosure or actual foreclosure; 12 b. Rent and/or grant a ground and use concession of the Premises subject to this Agreement pending foreclosure of the Collateral by lender; c. Assign, sell and/or transfer the Collateral in whole or in part to any person or entity; d. Take possession of any or all of the Collateral, obtain right of substitution for CONCESSIONAIRE and operate said Collateral; and/or e. Appoint a receiver. Any assignment or transfer under Article 6.2 is subject to Article 8.7. Lender shall have no interest in improvements located on the Premises at the time of expiration of the term or terms of this Agreement pursuant to Article 2, at which time, all improvements shall become the property of the CITY. 6.3 LENDER'S Reliance on Term and Renewal Options. The City acknowledges that the CONCESSIONAIRE, in making application for financing, may be required to have an assurance that the terms of this Agreement will extend beyond the term of the financing term. By its signature to this Agreement, the CITY confirms its authority to provide the ten -year Agreement term with three options to extend the ten -year Agreement for a total of forty years with the renewal options conditioned solely upon the CONCESSIONAIRE maintaining current payments and remaining in full compliance with the terms and conditions of this Agreement. Lender may, but is not obligated to exercise the right to renew and extend the terms of this Agreement as set forth herein. Additionally, the CITY acknowledges that, after any original financing commitments by the CONCESSIONAIRE have been satisfied, these financing provisions shall be applicable to all future advances or financing required by the CONCESSIONAIRE and used solely for the improvements and repairs of the Premises. 6.4 Surrender of the Collateral. No surrender of Collateral or the Premises subject to this Agreement or any other act of CONCESSIONAIRE shall be deemed to terminate this Agreement. CITY will not terminate this Agreement voluntarily by agreement with CONCESSIONAIRE unless lender has been previously notified in writing and has consented to the termination in writing. This Agreement shall not be amended or modified unless lender has been previously notified in writing and has consented to such amendment or modification in writing. 6.5 Notice of Default and Lender's Rights. 6.5.1 Notice of Default. If CONCESSIONAIRE defaults under this Agreement or if any event occurs which would give CITY the right to terminate, modify, amend or shorten the term of this Agreement, CITY shall take no steps to exercise any right it may have under this Agreement without first giving lender written notice of such default in accordance with Article 6.11 below. A copy of each and every notice of default served or sent by CITY or its agent to or upon CONCESSIONAIRE pursuant to this Agreement shall be sent contemporaneously to lender in accordance with Article 6.11 below. Such notice of default shall specify the event or events of default then outstanding and the time period at the end of which the indicated action would become effective. 13 6.5.2 Termination for Monetary Default. If the notice of default given by CITY to lender relates to a monetary default and CONCESSIONAIRE has not cured such monetary default within 30 days after lender receives the notice and CONCESSIONAIRE'S failure to cure results in CITY desiring to terminate this Agreement, CITY may terminate this Agreement pursuant to Article 7 if such monetary default is not cured by either CONCESSIONAIRE or lender within forty -five (45) days after lender receives the notice of default. 6.5.3 Termination for Non - Monetary Default. If the notice of default given by CITY to lender relates to a non - monetary default and CONCESSIONAIRE has not cured, or diligently pursued curing, such non - monetary default within thirty (30) days after lender receives the notice, CITY shall take no action to terminate this Agreement if- a. Within sixty (60) days after CITY'S notice to lender regarding CONCESSIONAIRE'S failure to cure (or failure to diligently pursue a cure) lender notifies CITY of its intent to realize upon its security interest and commences realization within sixty (60) days thereafter, and diligently pursues realization; and b. Lender pays CITY at time of notification all monies or performances due that may be in default up to the day lender notifies CITY of lender's intent and further pays or performs all consideration that accrues during the period after lender so notifies CITY and completes such other performances that may be required or come due under this Agreement. CITY shall not terminate this Agreement because of CONCESSIONAIRE'S breach of any terms of this Agreement relating to the solvency of CONCESSIONAIRE or the institution of any bankruptcy, insolvency, receivership or related action by or against CONCESSIONAIRE as long as lender cures any default under this Agreement by CONCESSIONAIRE as provided herein, except that lender shall not be required to cure any defaults relating to solvency of CONCESSIONAIRE. 6.6 Right to Assign. Lender shall have the right to assign its interest in the Collateral. Upon the purchaser's, assignee's or transferee's assumption and agreement to perform and be bound by all of the terms of this Agreement, lender shall be relieved from further liability under this Agreement. If a lender finances the purchaser, assignee or transferee, said lender shall be subject to all obligations as set forth in this Agreement. Any successor lender shall be bound by the terns and conditions of this Agreement. 6.7 Disposition of Insurance Should the Collateral suffer any loss which is covered by casualty insurance, and the insurance proceeds are used to restore any improvements made by CONCESSIONAIRE, CITY agrees that CONCESSIONAIRE and lender shall have the right to such proceeds so long as none of CITY'S property, utilities or other services therein are damaged or such damages are repaired. In the event the CITY'S land is substantially damaged and CONCESSIONAIRE'S improvements have been repaired, CITY shall only participate in the insurance proceeds to the extent necessary to repair and restore CITY'S land and any of CITY'S improvements on or in the ground to the same condition the land was at the commencement of this Agreement, or in the same condition at the time of the casualty. Other than as described herein, CITY shall have no claim to insurance proceeds that are attributable to CONCESSIONAIRE's interest in the Collateral. 14 6.7 Right to Participate in Litigation. Lender shall have the right to participate in any Iitigation, arbitration or dispute directly affecting the Collateral or interest of CONCESSIONAIRE or lender therein, including, without limitation, any suit, action, arbitration proceeding, condemnation proceeding or insurance claim. CITY, upon instituting or receiving notice of any such litigation, arbitration or dispute will promptly notify lender of the same. 6.8 Incorporation of Lender's Protection Provisions. Lender shall be a beneficiary of all rights of CONCESSIONAIRE herein including but not limited to the warranty, indemnity, hold harmless, choice of law and venue, costs and attorney's fees as provided herein. 6.9 Right to Remove Collateral. In the event lender exercises its rights under its Collateral and realizes upon the Collateral, CITY agrees that lender is entitled to remove the Collateral, including but not limited to building facility, furniture, movable trade fixtures and equipment, from the Premises at any reasonable time and that the Collateral shall remain personal property even though the trade fixtures may be affixed to or placed upon the Premises. In the event lender so realizes on its Collateral, CITY waives any right, title, claim, lien or interest in the Collateral. 6.10 Notices. All notices, copies of notices, consents or other communications to lender given under this Agreement to lender must be in writing and shall be effective when received. Such communications shall be given in person to an officer of lender, addressed to lender at an address as provided by lender. ARTICLE 7. TERMINATION 7.1 Failure to Perform 7.1.1 Obligation to Perform. Nothing herein shall imply any duty upon CITY to do any work, which under any provision of this concession CONCESSIONAIRE may be required to perform, and the performance thereof by CITY shall not constitute a waiver of CONCESSIONAIRE's default. CITY shall not in any event be liable for inconvenience, annoyance, and disturbance in its activities in the PARK, however shall not permit a loss of business, or other damage to CONCESSIONAIRE by reason of its actions pertaining to the PARK. 7.1.2 Payments to Other Parties. Except as otherwise expressly provided hereunder, all obligations of the CONCESSIONAIRE under this Agreement will be performed by CONCESSIONAIRE at CONCESSIONAIRE's sole cost and expense. If CONCESSIONAIRE fails to pay any sum of money owed to any party other than CITY for which CONCESSIONAIRE is liable hereunder, or if CONCESSIONAIRE fails to perform any other act on its part to be performed hereunder, and such failure continues for ten days after notice thereof by CITY, CITY may, without waiving or releasing CONCESSIONAIRE from its obligations, make any such payment or perform any such other act to be made or performed by CONCESSIONAIRE. CONCESSIONAIRE shall pay CITY, on demand, all sums so paid by 15 CITY and all necessary incidental costs, together with interest thereon at the lesser of 1' /2, percent per month or the maximum rate permissible by law, from the date of such payment by CITY. 7.2 Default. This Agreement and the concession granted herein may be terminated for default as follows: 7.2.1 CITY's Default. CITY will not be in default unless CITY fails to perform an obligation within thirty (30) days after notice by CONCESSIONAIRE, which notice must specify the alleged breach; provided that if the nature of CITY's obligation is such that more than thirty (30) days are reasonably required for cure, then CITY will not be in default if CITY commences to cure within thirty (30) days of CONCESSIONAIRE's notice and thereafter diligently pursues completion and completes performance within a reasonable time. 7.2.2. CONCESSIONAIRE's Default. The occurrence of any one or more of the following events constitutes a default under this Agreement by CONCESSIONAIRE: (1) CONCESSIONAIRE shall be in default of the performance of any covenants, conditions, or provisions of this Agreement, other than the covenants for the payment of consideration required by this Agreement, where such failure continues for a period of thirty (30) days after written notice is given by CITY provided that if the nature of CONCESSIONAIRE's obligations is such that more than thirty (30) days are reasonably required for cure, CONCESSIONAIRE will not be in default if CONCESSIONAIRE commences to cure within thirty (30) days of CITY's notice and thereafter diligently pursues completion and completes performance within a reasonable time; or (2) CONCESSIONAIRE shall be adjudged bankrupt, make a general assignment for the benefit of creditors, or take the benefit of any insolvency act, or if a permanent receiver and trustee in bankruptcy shall be appointed for CONCESSIONAIRE's estate and such appointment is not vacated within thirty (30) days; or (3) Premises become vacant or deserted for a period of thirty (30) days; or (4) if this Agreement shall be assigned or the Premises concessioned by CONCESSIONAIRE other than in accordance with the terms of this AGREEMENT and such default is not cured within twenty (20) days after written notice to CONCESSIONAIRE; or (5) CONCESSIONAIRE shall fail to make any payment when due, or fail to make any other payment required hereunder when due, when that failure is not cured within thirty (30) days after mailing of written notice thereof by CITY; or (6) CONCESSIONAIRE shall fail to comply with the same concession term or covenant on three occasions during any 10 year term, even if such breach is cured within the applicable cure period. The CITY's right to terminate pursuant to this Article for failure of CONSCESSIONAIRE to cure a default is subject to the lender's right to cure pursuant to Articles 6.5.2 and 6.5.3. 7.2.3 Default for Other Cause. This Agreement may be immediately terminated for other cause by a party if the other party substantially fails to perform its obligations under this Agreement, through no fault of the terminating party, and the non - performing party does not commence correction of the failure of performance within thirty (30) days of the terminating party's sending notice to the non - performing party. 16 7.3 Remedies Are Cumulative. Remedies under this Agreement are cumulative; the failure to exercise on any occasion any right shall not operate to forfeit such remedy. 7.4 Destruction of Premises & Use of Insurance Proceeds. Unless otherwise mutually agreed by the PARTIES, in the event the Premises are destroyed or injured by fire, earthquake, or other casualty, then CONCESSIONAIRE shall proceed to rebuild and restore the Premises, or such part thereof as may be injured as aforesaid. In the event of any loss covered by the insurance policies descnbed and required pursuant to Article 8.5.1 herein, unless this Agreement shall be terminated as provided herein, the proceeds of such insurance policies shall be used by CONCESSIONAIRE first to rebuild and restore the Premises and replace the improvements, fixtures, and equipment, which may be damaged or destroyed by such casualty. 7.5 Duties upon Termination. Upon termination of this Agreement, and unless otherwise arranged, CONCESSIONAIRE shall remove from the PARK all its personal property, goods, and effects. In the event that the CONCESSIONAIRE fails to perform this duty at termination, the CITY may cause such removal to be made and said personal property, goods, and effects to be stored, the cost and expense to be paid by the CONCESSIONAIRE. It is mutually understood and agreed that the real property constituting the Premises of this Agreement is the real property of the CITY and that all improvements to said real property shall revert to the CITY at the termination of this Agreement. 7.6 Eminent Domain. The following rules shall govern the rights and duties of the PARTIES in the event of interference with the possession of the Premises by CONCESSIONAIRE by right of eminent domain or private purchase in lieu thereof. 7.6.1 Rights of Termination. If the whole of the Premises shall be taken for any public or quasi- public use under any statute or by right of eminent domain, or by private purchase in lieu thereof, then this Agreement shall automatically terminate as of the date that title shall be taken. If more than twenty -five percent (25 %) of the Premises shall be so taken and if the taking renders the remainder thereof unusable for the purposes for which the Premises were concessioned, then CITY and CONCESSIONAIRE shall each have the right to terminate this Agreement on thirty (30) days notice to the other given within ninety (90) days after the date of such taking. Provided, however, that if the CITY is exercising its rights of eminent domain, a fair value shall be placed on this Agreement and the Premises with the compensation thereof awarded solely to CONCESSIONAIRE, or lender pursuant to its security interest, if any. 7.6.2 Non - Termination. If any part of the Premises shall be so taken and this Agreement is not terminated, then the CITY shall, at its own cost and expense, restore the remaining portion of the Premises to the extent necessary to render it reasonably suitable for the purposes for which it was concessioned. 7.6.3 Compensation. The compensation awarded or paid upon such a total or partial taking of the Premises and/or this Agreement shall belong to and be apportioned between the CITY and CONCESSIONAIRE in accordance with their respective interests as determined by a 17 court of competent jurisdiction. Additionally, CONCESSIONAIRE may prosecute any claim directly against the condemning authority for the costs of removal of the goodwill, stock, trade fixtures, furniture and other personal property belonging to CONCESSIONAIRE. CITY shall have no claim to condemnation proceeds that are attributable to CONCESSIONAIRE's interest in the Collateral, nor shall lender gave any interest in CITY's condemnation proceeds, if any. ARTICLE 8. GENERAL CONDITIONS 8.1 Relationship of PARTIES. 8.1.1 CONCESSIONAIRE Independent Contractor Status. The PARTIES intend that an independent relationship shall be created by this Agreement. Nothing contained herein shall create the relationship of principal and agent or of partnership or of joint venture between the parties hereto, and neither the method of computation of consideration nor any other provision contained herein shall be deemed to create any relationship between the parties hereto other than the relationship of CITY as granting a ground and use concession to the CONCESSIONAIRE. CONCESSIONAIRE has the experience, ability, and resources to develop and operate an indoor athletic facility and is performing independent functions and responsibilities within its field of expertise. CONCESSIONAIRE and its personnel are independent contractors and not employees of the CITY. No agent, employee, servant, or representative of the CONCESSIONAIRE shall be deemed to be an employee, agent, servant or representative of the CITY. CONCESSIONAIRE and its personnel have no authority to bind the CITY or to control the CITY's employees. As an independent contractor, CONCESSIONAIRE is responsible for its own management. The CITY's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over CONCESSIONAIRE or its personnel. 8.1.2 No Third Party Rights Created. It is mutually understood and agreed that this Agreement is solely for the benefit of the PARTIES hereto and gives no right to any other party except as provided by Article 6 herein. 8.1.3 No Joint Venture /Partnership. It is mutually understood and agreed that no joint venture or partnership formed as a result of this Agreement. 8.2 Notices. Except as provided in Article 6 herein, any notice required or permitted hereunder must be in writing and will be effective upon the earlier of personal delivery or three days after being mailed by certified mail, return receipt requested, addressed to CONCESSIONAIRE or to CITY at the address for that party designated herein. Either party may specify a different address for notice purposes by written notice to the other, except that CITY may in any event use the Premises as CONCESSIONAIRE's address for notice purposes. All notices shall be delivered to the following addresses: 18 CITY Address CONCESSIONAIRE Address City of Bremerton Olympic Soccer & Sports Center, LLC Attn: Director of Parks and Recreation Attn: Mr. Dennis Michael, Manager 680 Lebo Boulevard P.O. Box 5047 Bremerton, WA 98310 Bremerton, WA 98312 -0466 8.3 Reports & Information. When requested by the CITY, CONCESSIONAIRE shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. CONCESSIONAIRE shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP). 8.4 Permits, Licenses, Taxes, & Fees. 8.4.1 Permits, Licenses, & Other Documents. The CONCESSIONAIRE shall possess a current Bremerton Business License and shall obtain all regulatory licenses and permits, including all construction and building permits, necessary to fulfill CONCESSIONAIRE's obligations under this Agreement at CONCESSIONAIRE's sole expense. Each party agrees to execute such additional or other documents as may be required to fully implement the intent of this Agreement. 8.4.2 Taxes & Fees. As an independent contractor, the CONCESSIONAIRE shall be solely responsible for all taxes, fees and charges incurred, including but not limited to license fees, business and occupation taxes, workers' compensation and unemployment benefits, all federal, state, regional, county and local taxes and fees, including leasehold excise tax pursuant Chapter 82.29A RCW, ad valorem taxes, taxes imposed on personal property, all other assessments for improvements or benefits which are assessed on the Premises, income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to the CONCESSIONAIRE's obligations under this Agreement. The parties acknowledge that for the purpose of real estate taxes, the use of the Premises is limited to those uses identified in Article 4.1.1. 8.5 Insurance. 8.5.1 Fire, Earthquake, & Casualty Insurance. The CONCESSIONAIRE agrees that, at all times during the full term of this Agreement and at its own expense, CONCESSIONAIRE shall, at its sole cost and expense, maintain in full force and effect adequate fire, earthquake, and other casualty coverage covering the Premises and its contents, including all personal property, fixtures, improvements. Such policy shall include a replacement cost endorsement. CONCESSIONAIRE will shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing such coverage. All such insurance coverage shall include a ten -day cancellation notice to CONCESSIONAIRE and the CITY. Adequacy of coverage is defined as insurance sufficient to restore the Premises to its pre - casualty condition. 19 8.5.2 Liability Insurance. Prior to the commencement date of this Agreement, CONCESSIONAIRE, at its own expense shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing general comprehensive liability insurance coverage ( "CGL ") providing coverage of at least $1,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage. This Certificate of Insurance shall be subject to approval by the CITY's Risk Manager as to company, terms and coverage, and said approval shall not be unreasonably withheld. The CGL shall name the CITY as an additional insured and must fully protect the CITY from any and all claims and risks and losses in connection with any activities or omissions by the CONCESSIONAIRE by virtue of this Agreement. The CGL policy shall remain in full force and effect at the CONCESSIONAIRE's sole expense for liability for property damage or personal injury that may occur in connection with activities or omissions by the CONCESSIONAIRE, and provide coverage for the full term of this Agreement. CONCESSIONAIRE shall insure that the CITY's Risk Manager is given thirty - calendar days prior written notice, by certified mail, of any cancellation, lapse, reduction or modification of such insurance. 8.5.3 Release and Waiver of Subrogation. Any policy of insurance carried by either CITY or CONCESSIONAIRE pursuant to any obligation under this Agreement, shall, to the extent available, contain a waiver of subrogation clause on the part of the insurer. Such waiver shall apply to damages to adjacent property. Notwithstanding any other provision of this Agreement, neither CITY nor CONCESSIONAIRE shall be liable to the other party or to any insurance company (by subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or tangible personal property of the other occurring in or about the Premises or PARK, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, if such loss or damage is covered by insurance issued by an insurance carrier authorized or licensed by the Insurance Commissioner of the State of Washington to issue lines of insurance, benefiting the party suffering such loss or damage or was required under the terms of this Agreement to be covered by insurance by the party covering the loss. 8.6 Hold Harmless, Indemnification, & Industrial Insurance. 8.6.1 Hold Harmless & Indemnification. Each party hereto agrees to be responsible and assumes liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law. Each party agrees to save, indemnify, defend, or hold the other party harmless against all liability, loss, damages, and expenses, including costs and attorney's fees, resulting from actions, claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of the other party, its employees, its subcontractors, its agents, or its assigns, which arise in any way out of the performance of this Agreement. In the case of negligence of both the CITY and the CONCESSIONAIRE, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. 20 8.6.2 Industrial Insurance. The PARTIES have specifically negotiated CONCESSIONAIRE's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of CONCESSIONAIRE's indemnification and hold harmless of the CITY, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the CITY. 8.7 Successors & Assigns. The CITY and CONCESSIONAIRE each agree to be bound to the other party in respect to all covenants, agreements, and obligations contained in this contract. Except as provided in Article 6 herein, neither party shall assign the contract in part or as a whole, without the written consent of the other. Except as provided in Article 6 herein, the CONCESSIONAIRE shall not subcontract any of the Premises, services, facilities, or equipment, or delegate any of its duties under this Agreement without the prior written approval of the CITY. The CITY acknowledges that the CONCESSIONAIRE shall be authorized to sub - concession areas within the Premises to food and beverage purveyors, equipment sales, and similar supporting concessions. When requested, approval by the CITY of a subcontract or assignment shall not be unreasonably withheld. In the event of an assignment, subcontracting, or delegation of duties, the CONCESSIONAIRE shall remain responsible for the full and faithful performance of this Agreement and the assignee, subcontractor, or other obligor shall also become responsible to the CITY for the satisfactory performance of the services, facilities, or equipment assumed. The CITY may condition approval upon the delivery by the assignee, subcontractor, or other obligor of its covenant to the CITY to fully and faithfully complete the requirements or responsibility undertaken under this Agreement. Notwithstanding the foregoing, provided CONCESSIONAIRE is not in default, the CONCESSIONAIRE may assign its interest in this Agreement without seeking CITY's consent to a parent or subsidiary. Except as otherwise provided herein, all of the covenants, conditions, and provisions of this Agreement are binding upon and inure to the benefit of the PARTIES and their respective heirs, personal representatives, successors, and assigns. 8.8 Bankruptcy. Except as provided in Article 6 herein, PARTIES agree that if the CONCESSIONAIRE is adjudged bankrupt, either voluntarily or involuntarily, then this AGREEMENT, at the option of the CITY, may be terminated effective on the day and at the time the bankruptcy petition is filed. 8.9 Compliance with Laws. The CONCESSIONAIRE, its officers, employees, and agents shall comply with applicable federal, state, county, and local laws, statutes, rules, regulations, and ordinances, in performing its obligations under this Agreement. Such compliance shall include abiding by all applicable federal, state and local policies to ensure equal employmcnt opportunity based on ability and fitness to all persons regardless of race, creed, color, national origin, religion, sex, physical handicaps or age. The CONCESSIONAIRE shall comply with applicable laws pertaining to employment practices and employee treatment. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts must be complied with. The CONCESSIONAIRE agrees to indemnify and hold harmless the City from 21 all damages assessed for the CONCESSIONAIRE's failure to comply with the Acts and Standards issued thereunder. The CONCESSIONAIRE is also responsible for meeting all pertinent local, state and federal health and environmental regulations and standards applying to any operation in the performance of this Agreement. 8.10 Nondiscrimination. PARTIES shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. 8.11 Choice of Law & Venue. This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 8.12 Costs & Attorneys' Fees. In any action brought to enforce any provision of this Agreement, including actions to recover sums due or for the breach of any covenant or condition of this Agreement, or for the restitution of the Premises to the CITY or eviction of the CONCESSIONAIRE during the term or after expiration thereof, the substantially prevailing party shall be entitled to recover from the other party all reasonable costs and reasonable attorney's fees incurred, including the fees of accountants, appraisers, and other professionals, at trial or on appeal, and without resort to suit. 8.13 Modification. This Agreement may only be modified by written instrument signed by both PARTIES. 8.14 Change in Law /Renegotiation. The PARTIES agree that changes in federal, state or local laws or regulations that materially modify the terms and conditions of the Agreement and result in a detrimental change in circumstances or a material hardship for either party in performing this Agreement may be the subject of a request by a requesting party to renegotiate this Agreement or negotiate Agreement amendments and the responding party agrees to renegotiate fairly with the requesting party. 8.15 Force Majeure. Provided that all other requirements of this Agreement are met, any party shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if that party's performance is prevented or delayed by acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, acts of the public enemy, wars, blockades, public riots, breakage, explosions, accident to machinery, equipment or materials, unavailability of required materials, governmental restraint or other causes, whether of the kind enumerated or otherwise, which are not reasonably within the control of that obligated party ( "Force Majeure "). If as a result of a Force Majeure event, an obligated party is unable wholly or partially to meet its obligations under this Agreement, it shall give the other party promptly written notice of the Force Majeure event, describing it in reasonable detail. The obligated party's obligations under this Agreement shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure and only for the period during which the Force Majeure exists. 22 -- 8.16 Waiver. Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, executed by the party against whom such waiver is sought to be enforced. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 8.17 Illegal Provisions — Severability. Should any part of this Agreement be found void, illegal, or unenforceable, the balance of the Agreement shall remain in full force and effect. 8.18 Article Headings, Gender, & Number. Article paragraph headings are not to be construed as binding provisions of this concession; they are for the convenience of the PARTIES only. The masculine, feminine, singular and plural of any word or words shall be deemed to include and refer to the gender and number appropriate in the context. 8.19 Entire Agreement. This Agreement and its Exhibits constitutes the entire agreement between the PARTIES, and the PARTIES acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 8.20 Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 8.21 Recording. Following execution of this Agreement the CITY will cause a Memorandum of Concession Agreement to be recorded with the land use records of Kitsap County, Washington. A copy of the Memorandum of Concession Agreement is attached hereto as Exhibit D. IN WITNESS WHEREOF, this Agreement has been entered into between the City of B merton and Olympic Soccer & Sports Center, LLC as of the day of er , 2006. OLYMPIC SOCCER & SPORTS CENTER, LLC a Washington limited liability company By: MAA U- IDVU� Denms Michael, Manager 23 STATE OF WASHINGTON) ) ss. COUNTY OF KITSAP ) On thi_ day of Qd hL?r-- , 2006, before me personally appeared hdjnr%'1�1, ht to , to me known to be the ►i of OLYMPIC SOCCER & SPORTS CENTER, LLC, a Washington limited liability company, that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute and in fact executed said instrument on behalf of the corporation. wN b� ,, bA4 - 1 Uk. Given dde Nmy hz£n official seal thi day of ' 2006. SSIONq . cJ9 TA ' ` ,y p F�,. ` � Type/Print N _l�(�Lll O ' �' Notary Public in and for the o VBL� : = State of Washington residing at nApr�lA 9 � F ' • . -27- ° �� My Commission expires "7 -0 OF WAS . k CITY OF BRFMERTON a Washington municipal corporation By: Cary Bozeman, Mayor APPROVED AS TO FORM: Roger A. Lubovich, City Attorne y__-------", ATTEST: oe Paula Jo ston, liderk 24 STATE OF WASHINGTON) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that CARY BOZEMAN is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF BREMERTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under d official seal this day of , 20 P V. S •. 10N �.p� •• F Type/Print Name �oOT Notary Public in and for the • �r State of Washington residing at ?M?rA8 VJA 'P • o UB� -� = My Commission expires 3• W1- FD F . WAS'�` \ � LIST OF E Exhibit A — Legal Description of Premises Exhibit B — Preliminary Building and Site Plans Exhibit C — Appraisal and Compensation Information Exhibit D — Memorandum of Concession Agreement R.\Legal\L.egal\FilesTurrent Active Files \Olympic Socccr\Amendment No 1 - Final doc 25 EXHIBIT "A" Legal Description for Soccer Concession at Pendergast Park A portion of the Northeast quarter of the Southwest quarter, Section 21, Township 24 North, Range 1 East, Williamette Meridian, which is more particularly described as follows: Beginning at the East quarter corner of said Section 21; thence along the East -West centerline of said Section 21, N 88 °50'50" W 5316.00 feet to the West quarter corner of said Section 21; thence S 65 °16'01" E 2125.47 feet to an existing comer of the building for Olympic Sports and Soccer Center, also being the True Point of Beginning; thence along said building, N 89° 18'55" E 100.42 feet; thence S 0 °48' 13" E 44.56 feet; thence N 89 °11'47" E 54.86 feet; thence S 0 °49'09" E 113.85 feet; thence S 89 °17'18" W 54.89 feet; thence S 0'15'19"E 52.06 feet; thence leaving said building S 0'15'19" E 14.62 feet; thence S 89'14'46"W 199.87 feet; thence N 0 °46'54" W 200.00 feet; thence N 89 °18'55" E 100.00 feet to the said building for Olympic Sports and Soccer Center; thence along said building, N 0 °46'54" W 25.24 feet to the True Point of Beginning. Together with and subject to a 15 foot maintenance and access buffer adjacent to and abutting above described concession. Together with ingress and egress to and from the public right of way (Union Avenue) over and upon the City parks properties and roadway to the above described concession. Said ingress and egress shall terminate with said concession. Said concession area to constitute 48,829 square feet, and with said maintenance and access buffer, 64,157 square feet. - OLYMPIC SOCCER EXPANSION A PORTION OF SECTION 21, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. BREMERTON, WASHINGTON GRADING, DRAINAGE AND SANITARY SEWER AND TESC PLAN I v" "'N Y m •. EXHIBIT B OLYMPIC SOCCER EXPANSION 1 W. A PORTION OF SECTION 21, TOWNSHIP 24 NORTH, RANGE 1 EAST, W M. TAX PARCEL NUU9ER BREMERTON, WASHINGTON COVER S 7 17" -1 va X SITE i � r� u'" _ si I �+4K �' �'�� � ut: . ,icy - �+.IV •_<.:. • `�, ..`II'.�.••: „�.�r °�` -.r VICINITY MAP _�. SITE DATA Ric- N . i 1ti •*. .ti . y ,• , rr i ` r + , ( y •� I � (I _�� r } I _ w`-> • } = 1 , � r' �• ltlS:a..; ,a.. , .s L__- ___ - - - -. EEGAL DDESORPTION - - - - -- - -- - .A— 2- + , -1 (W f SHEET t4DEX OLYMPIC SOCCER EVANSION (low WestSound GRAM-111C SCALE Engineoring, Inc OLYMP R IC S= i mm. 1333 S. 1 EXHIBIT C Value and Compensation �1w CONCESSION- SITE =r�REA «� :a ram June 2001 concession site area 30,000 s uare feet Addition to concession site area 20,000 square feet Total Concession Site Area 50,000 sq are feet �C ;may ,_.... 'u A »�,. ..:: '- . _« , :.'` w "�, ':' µ , fq• ." ONCESSIONMS'1�TE VALUA'TyION' r June 2001 value for 30,000 square feet $4,140.00 ($0.138 per sq. ft. x 30,000) Determining new concession value (1) $0.20 per sq. ft. for the June 2001 concession site area and proposed addition (50,000 sq. ft.) ($0.20 per sq. ft x 50,000 = $10,000.00) (2) Add $2,000.00 for outdoor lighting and parking (3) Add $9,000 for field use (150 hours x $60 /hr) Total Concession Value $21,000.00 � _ ..._.. __ _..._ , ... _ OMP m °' :�" 7741 xI ETERMINING` 1VT®NETARY:C,... � . : m 150 hours of field time valued at $60 per hour = $9,000 Concession value ($21,000) minus field time ($9,000) $12,000 per year monetary compensation Return Address: Attn: City Cleric City of Bremerton 3456 TH Street, Suite 600 Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s) 1. Memorandum of First Amended Concession Agreement Reference Number(s) of Documents assigned or released: Amends and Replaces 200 Grantor(s): 1. City of Bremerton (City) Additional names on page of document Grantee(s): 1. Olympic Soccer & Sports Center, LLC (Concessionaire) E] Additional names on page of document. Legal Description: pt NE �/4 SW %4 S21 T24N RI E, W.M., Kitsap County, WA (abbreviated) K Additional legal is on page Exhibit A of document. Assessor's Property Tax Parcel/Account Number: 212501 -3 -005 -2001 MEMORANDUM OF FIRST AMENDED CONCESSION AGREEMENT This Memorandum of First Amended Concession Agreement is entered into on the date fully executed below, by and between the City of Bremerton, a Washington municipal corporation (hereinafter referred to as "City ") and Olympic Soccer & Sports Center, LLC, a Washington limited liability company (hereinafter referred to as "Concessionaire "). 1. City and Concessionaire entered into a First Amended Concession Agreement Between the City of Bremerton and Olympic Soccer & Sports Center, LLC (the "Agreement ") on the day of , 2006, for the purpose of constructing, operating and maintaining an indoor athletic facility and other improvements. The First Amended Concession Agreement amends and replaces that certain Concession Agreement recorded on August 17, 2001 in the records of Kitsap County under Auditor's File No. 200108170289 and is for a term of MEMORANDUM OF FIRST AMENDED CONCESSION AGREEMENT - 1 EXHIBIT D fifteen (15) years commencing June 1, 2001, with three (3) successive ten (10) year options to renew as specified in the Agreement. All of the foregoing are set forth in the Agreement. 2. The property which is the subject of the Agreement is legally described in Exhibit "A" attached hereto and incorporated by reference. IN WITNESS WHEREOF, the parties have executed this Memorandum of First Amended Concession Agreement as of the day and year first above written. CITY: CONCESSIONAIRE: CITY OF BREMERTON OLYMPIC SOCCER & SPORTS CENTER, LLC By: By: Print Name: Cary Bozeman Print Name: Dennis Michael Its: Mayor Its: Manager DATE: DATE: STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) I hereby certify that I know or have satisfactory evidence that Cary Bozeman is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the City of Bremerton as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Seal Must Appear Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of , 2006. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires MEMORANDUM OF FIRST AMENDED CONCESSION AGREEMENT - 2 STATE OF WASHINGTON ) . ss. COUNTY OF KITSAP ) I hereby certify that 1 know or have satisfactory evidence that Dennis Michael is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the Olympic Soccer & Sports Center, LLC as its Manager, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Sea! Must Appear Within Tlru Bar - IN WITNESS WHEREOF, I have hereunto set my hand and official seal this day of 7 2006. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires MEMORANDUM OF FIRST AMENDED CONCESSION AGREEMENT - 3 EXHIBIT B Return Address Attn: City Clerk City of Bremerton 345 6 Street, Suite 600 Bremerton, WA 98337 It 11111111111 it,,, P 006 1 0 3 0124 ge - BREMERTON CITY OF MA 1 2/1.3,'2006 01 15P 435.00 Ki ( sap Cc, WA AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1 W mnrandum of First Amended Concession Agreement Reference Number(s) of Documents assigned or released Amends and Replaces 200108170289 Grantor(s): 1. City of Bremerton (City) F�] Additional names on page of document. Grantee(s): 1. Olympic Soccer & Sports Center, LLC (Concessionaire) 0 Additional names on page of document. Legal Description ptn NE �/ SW %4 S21 T24N R1E, W.M , Kitsap County, WA (abbreviated) (o Additional legal is on page _ Exhibit A_ of document. l Assessor's Property Tax Parcel/Account Number 212501 -3 -005 -2 MEMORANDUM OF FIRST AMENDED CONCESSION AGREEMENT This Memorandum of First Amended Concession Agreement is entered into on the date fully executed below, by and between the City of Bremerton, a Washington municipal corporation (hereinafter referred to as "City ") and Olympic Soccer & Sports Center, LLC, a Washington limited liability company (hereinafter referred to as "Concessionaire "). 1. C and Concessionaire entered into a First Amended Concession Agreement Between the City of Bremerton and Olympic Soccer & Sports Center, LLC (the "Agreement ") on th B'�� day of �� �j V , 2006, for the purpose of constructing, operating and maintaining an indoor athletic facility and other improvements. The First Amended Concession Agreement amends and replaces that certain Concession Agreement recorded on August 17, 2001 in the records of Kitsap County under Auditor's File No. 200108170289 and is for a term of fifteen (15) years commencing June 1, 2001, with three (3) successive ten (10) year options to renew as specified in the Agreement. All of the foregoing are set forth in the Agreement. MEMORANDUM OF FIRST AMENDED CONCESSION AGREEMENT - 1 2. The property which is the subject of the Agreement is legally described in Exhibit "A" attached hereto and incorporated by reference. IN WITNESS WHEREOF, the parties have executed this Memorandum of First Amended Concession Agreement as of the day and year first above written. CITY: CONCESSIONAIRE: CITY OF BREMERTON OLYMPIC SOCCER & SPORTS CENTER, LLC 113� f f I rr r B y: B Dhu I Print Name: Cary Bozeman Print Name: Dennis Michael Its: Mayor Its: Manager DATE: Ul? 3 ICJ •� DATE: CC -e 1ber 3L Zara STATE OF WASHINGTON ) . ss. COUNTY OF KITSAP ) I hereby certify that I know or have satisfactory evidence that Cary Bozeman is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the City of Bremerton as its Mayor, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Nowry Sea! Must Appear Wahin This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal thi of hAA , 2006. P� vfx,S�F OTAl���' �� NOTARY PUBLIC, in and for the State 1 y of Washington, residing at byre p t n PUBS -� 1 • Z My appointment expires J f '' 0 -2? ��.'• �� OF MEMORANDUM OF FIRST AMENDED CONCESSION AGREEMENT - 2 200612130124 Page 2 of 4 1211312006 01 15P BREMER,TON CITY OF MA 4:35 00 Kitsap Co, WA STATE OF WASHINGTON ) . ss. COUNTY OF KITSAP ) I hereby certify that I know or have satisfactory evidence that Dennis Michael is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument on behalf of the Olympic Soccer & Sports Center, LLC as its Manager, and such execution to be the free and voluntary act of such party for the uses and purposes mentioned in the foregoing instrument. -Notary Sea! Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my han d official seal thisday of / ,2006 ��. � ^ep �gSlON r�' - (i� _� 11 ►ILIA �. V ��I I : o° QT A� �F NOTARY PUBLIC, in and for the State 1 r Y of Washington, residing at Tgi°rnP h- W A N ' My appointment expires 3- Q - 0 1 7 . . 0 -27- 1 OP WAS 200612130124 I IIIIIIIIIIIIIIIIIII f 2 /1 3 1 2006 f 01 15P BREMERTON CITY OF MR $35 09 kitsap Co, WA MEMORANDUM OF FIRST AMENDED CONCESSION AGREEMENT - 3 EXHIBIT "A" Legal Description for Soccer Concession at Pendergast Park A portion of the Northeast quarter of the Southwest quarter, Section 21, Township 24 North, Range 1 East, Williamette Meridian, which is more particularly described as follows: Beginning at the East quarter comer of said Section 21; thence along the East -West centerline of said Section 21, N 88 °50'50" W 5316.00 feet to the West quarter corner of said Section 21; thence S 65° 16'01" E 2125.47 feet to an existing comer of the building for Olympic Sports and Soccer Center, also being the True Point of Beginning; thence along said building, N 89 °18'55" E 100.42 feet; thence S 0 °48'13" E 44.56 feet; thence N 89 °11'47" E 54.86 feet; thence S 0 °49'09" E 113.85 feet; thence S 89 °17'18" W 54.89 feet; thence S 0'15'19" E 52.06 feet; thence leaving said building S 0° 15' 19" E 14.62 feet; thence S 89 °14'46" W 199.87 feet; thence N 0 °46'54" W 200.00 feet; thence N 89 °18'55" E 100.00 feet to the said building for Olympic Sports and Soccer Center; thence along said building, N 0 °46'54" W 25.24 feet to the True Point of Beginning. Together with and subject to a 15 foot maintenance and access buffer adjacent to and abutting above described concession. Together with ingress and egress to and from the public right of way (Union Avenue) over and upon the City parks properties and roadway to the above described concession. Said ingress and egress shall terminate with said concession. Said concession area to constitute 48,829 square feet, and with said maintenance and access buffer, 64,157 square feet. II�lI ll BR Illl/ EII£RT Ill ON ® // CITY �l�I 2 0 Of �� 6 1 ,0 1 30 III P aqQ � MA 4 �p 24 t35 �q 12.1: ?•coo ©B q Ktts�p C" " 15P 6 680 LEBO BOULEVARD e BREMERTON, WA 98310 -5841 TEL: 360.473.5305, FAX: 360.473.5882 a www.ci.bremerton.wa.us "Commiffed'fo Zw khi, .Cif. in V remerfon" February 25, 2014 To: Bremerton City Council, Mayor Patty Lent From: Bremerton Parks and Recreation Commission RE: Advisory Report on the Sub - Concession and Assignment of Concession Agreement for Pendergast Indoor Soccer Center Per the procedures contained within the City's Park Protection Ordinance (BMC 13.12) the Bremerton Parks and Recreation Commission is pleased to present this Advisory Report on the proposed Sub - Concession and Assignment of the Pendergast Park Indoor Soccer Center Concession Agreement for your consideration. The Parks Commission reviewed this item at a publicized February 11th special meeting and at our February 25 regular monthly meeting and we believe it is in the best interest of the City to move forward on this item allowing Olympic Soccer and Sports Center LLC (OSSC) to Sub - Concession the Concession Agreement for the Indoor Soccer Center to Keystone Financial Management Inc. (Keystone). We also believe that the 36 month term of this Sub Concession which allows Keystone to purchase the Indoor Soccer Center from OSSC and operate it under the terms of the amended 2001 Concession Agreement between the City and OSSC is in the best interest of the City. This arrangement as proposed keeps the purpose of the original Concession Agreement intact and helps to insure the continued operation and improvement of the Indoor Soccer Center as an important component of the recreational opportunities afforded to Bremerton residents. During the February 11th meeting the Parks Commission heard presentations from Keystone principal Bill Wright and OSSC managing partner Dennis Michael. Mr. Wright has a long history as a customer of the Soccer Center in addition to involvement as a soccer parent with West Sound Soccer FC. He shared his vision for taking the Indoor Soccer Center to the next level of service including a desire to make capital improvements to enhance the appearance, functionality and atmosphere at the facility, to improve the management of the facility, to increase the usage of the facility, to work in improving the marketing, and to work with the Parks Department regarding the surrounding park's shared infrastructure. Mr. Wright shared his selection of a full -time experienced manager that would take over the day to day operation of the center and an outline for technology /software improvements to enhance the customer experience. Mr. Michael endorsed the improvements presented by Bill Wright as essential to the sustainability and growth of the business. The Parks Director, Wyn Birkenthal, and his staff indicated that they are supportive of the Keystone's approach. The Parks Commission believes the Sub - Concession and planned Assignment of the operation of the Indoor Soccer Center is a continuation of the existing use of this park property and presents a solid opportunity for Pendergast Park and the City to become a regional soccer hub, especially when combined with the upcoming artificial turfing of the 2 outdoor lighted soccer fields by West Sound Soccer FC. We also find the Sub - Concession assignment to Keystone will not impinge upon existing and future softball activities at Pendergast Park. 2,/J Cirman, John Hayes Larson AGENDA BILL is CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeaeeeeeeeo SUBJECT: Public hearing on Ordinance STUDY SESSION Date: March 12, 2014 No. 5242 adopting the 2014 Parks, COUNCIL MEETING Date: March 19, 2014 Recreation and Open Space Plan Department: Parks and Recreation Presenter: Wyn Birkenthal Phone: 473 -5752 SUMMARY: The action before City Council is to conduct a public hearing and adopt the 2014 Parks, Recreation and Open Space Plan, which updates the plan adopted in 2007. The process for developing the plan update included 9 public meetings involving the Parks and Recreation Commission, a citizen survey and posting of a draft plan on the City web -site for review and comment. On February 25 the Parks and Recreation Commission recommended the park plan update for City Council for adoption. The State of Washington requires that local jurisdictions maintain a Park, Recreation and Open Space Plan to maintain eligibility for park and recreation grant funds. ATTACHMENTS: Ordinance No. 5242 Exhibit A — Parks and Recreation Commission minutes of February 25, 2014 Exhibit B — 2014 Parks, Recreation and Open Space Plan (distributed separately) FISCAL IMPACTS (Include Budgeted Amount): Capital Improvements recommended in the plan will be phased in over a 6 to 20 year time frame as funding becomes available. STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business rZ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5242 adopting the 2014 Parks, Recreation and Open Space Plan. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO. 5242 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Resolution No. 3045 and approving the 2014 Parks, Recreation and Open Space Plan. WHEREAS, the State of Washington requires an update of long range park plans every six years to maintain eligibility for certain state and federal park acquisition and improvement grants; and WHEREAS, the Bremerton Comprehensive Plan contains goals and policies related to parks, open space, trails and recreation facilities that require periodic review and revision to adjust for changing needs and population growth; and WHEREAS, City Parks and Recreation staff in conjunction with the Parks and Recreation Commission have been working over the past 12 months to develop the 2014 update to the City's Parks, Recreation and Open Space Plan; and WHEREAS, the Parks and Recreation Department solicited citizen input by conducting a survey available on the City's web page and widely advertised and sponsored two public workshops on the proposed plan update on July 23, 2013 and January 14, 2014; and WHEREAS, first and second drafts of the proposed plan were made available to the general public and interested parties for review and comment at City offices and on the City's web page; and WHEREAS, the proposed plan update was sent to the State Office of Recreation and Conservation on December 17, 2013 and the State of Washington Office of Department of Commerce on January 10, 2014 and no adverse comments were received; and WHEREAS, the proposed plan update was brought to the Parks and Recreation Commission for review at twelve meetings, and the Parks and Recreation Commission, at its February 25, 2014 meeting, recommended approval of the plan by the City Council; and WHEREAS a SEPA checklist was submitted to the City's Department of Community Development, and the SEPA Official issued a Determination of Non - Significance on January 14, 2014 with an administrative appeal deadline of January 28, 2014, and no appeals were filed: and WHEREAS a notice of a City Council public hearing on the proposed plan update was published in the paper of record on __. ; and WHEREAS, on March 19, 2014, the City Council held a public hearing on the proposed plan update; NOW THEREFORE, 1 2014 Parks, Recreation and Open Space Plan THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Resolution No. 3045, which adopted the City 2007 Parks, Recreation and Open Space Plan, is hereby repealed. SECTION 2. The City Council accepts and adopts the recommendation of the Parks and Recreation Commission as presented in the minutes of the February 25, 2014 meeting, attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. The City Council approves the 2014 Parks, Recreation and Open Space Plan, attached hereto as Exhibit B and incorporated herein by reference. SECTION 4. Severability. 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. SECTIONS. 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 , 2014 GREG WHEELER, Council President Approved this day of , 2014 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2014 EFFECTIVE the day of 9 2014 ORDINANCE NO. R \ Legal \Legal \Ordinances \Parks\2014 Open Space Plan doc 2 2014 Parks, Recreation and Open Space Plan EXHIBIT A BREMERTON PARKS & RECREATION COMMISSION REGULAR BUSINESS MEETING Minutes of February 25 2014 Attendance: John Larson, Robert Dollar, Richard Nerf, Colleen Smidt, Pat Watson, Jeremiah Wiley and Sunny Wheeler Staff: Wyn Birkenthal, Tom Cressman, Colette Berna and Jeff Elevado I. Meeting Called to Order at 5:30 p.m by Chairman Larson Director Wyn Birkenthal introduced newly appointed Parks and Recreation Commissioner Jeremiah Wiley Chairman Larson announced an agenda change Item b Evergreen Rotary Park Project Schedule Discussion will be moved to item a. II. Approval of Minutes — Minutes of February 11' 2014 meeting approved Smidt /Wheeler (M /S/U) III. Public Comment: N/A IV. Business Items: a. Evergreen Rotary Park Project Schedule Discussion Mr Birkenthal provided a review of the history of the Evergreen Rotary Park Project including how the project was brought to the Parks and Recreation department by the Bremerton Beyond Accessible Play group and how the project was funded through grants and donations The original schedule for the project was set for winter and early spring He explained that as staff was going through the Parks, Recreation and Open Space Plan update, without the use of a consultant, the department fell behind in the schedule for construction of the playground He added that construction of the parking lot improvements would also impact the use of Evergreen during its peak season Following discussions with the Beyond Accessible Play group, the Mayor and City Council, it was determined that the Parks and Recreation Department would do everything that could be done to expedite the construction schedule for the project He then presented options the department would explore to get the bids for the contract on the street as soon as possible and proceed with construction in the most efficient and economical manor The Site Plan has been submitted to the Department of Community Development for preliminary review Commissioner Dollar asked what parts of the project would be contracted. Mr Birkenthal stated that the survey work, demolition of the hardscape, the accessible pathways, curb cuts, planting islands in the parking lots would be contracted Additionally, the installation of the play surface (cost of which was included in the material purchase price) would be contracted due to warranty requirements and the need for professional installation A question was asked about the transportation of the play equipment This should not be an issue as the schedule will hopefully allow direct delivery and there is now storage space in the Sheridan Park maintenance yard following demolition of the old maintenance building A question was asked about breaking the project into phases Mr Birkenthal shared issues with potential bid splitting concerns and additional mobilization cost along with the difficulty of getting a contractor to return for a relatively small part of the project Commissioner Smidt asked about the Department of Natural Resources grant and its deadline for completion of May of 2014 This deadline will be met as the trees can be purchased and planted by the deadline date The City's Tree Committee will be consulted A question was asked about the use of the planting island for rain gardens When practical, due to grade level, the island will collect nun off from the parking lot. Staff will work with the contractor and notify user groups of impacts to the park and parking lots during construction. The department will be redirecting shelter users at Evergreen to other parks with shelters along with Kitsap County Councilman Roy Runyon asked how many boat trailer spaces would be lost None will be lost Councilman Runyon then asked when the plans would be available for public input. Mr Birkenthal stated that there have been public meetings along with contact with the Kitsap Poggie Club, Bremerton Farmer's Market and other user groups regarding the project. Bremerton Beyond Accessible Play has presented the playground design to groups over 60 times Chairman Larson asked if the department was on schedule for meeting the various grant deadlines. Colette Berna stated the Department of Natural Resources grant has a deadline of May 2014 that will be met. The CDBG grant deadline is May of 2015 and the RCO grant deadline is November of 2015, both of which will be met A question was asked regarding how can the public help with the accessible playground. Volunteers will be needed to help install the new equipment, potentially 5 to 6 volunteer days April Mills of Bremerton Beyond Accessible Play expressed her appreciation for working through the scheduling She asked if anyone would like to help coordinate volunteers. b. Parks, Recreation and Open Space Plan Draft Review Mr Birkenthal provided a brief overview of the PROS plan draft (PowerPoint slides attached) The timeline was reviewed followed by discussion of inventory, gathering citizen input, needs analysis, plans for growth and grant eligibility He then presented the progress made since the last PROS plan adoption by reviewing some of the capital projects completed The Goals listed in the plan were then presented and discussed A discussion of Level of Service Standards followed including a comparison of similar size Washington cities Capital Facility Planning was reviewed and discussed Maintenance and Operation Implementation Measures were presented and discussed Capital Implementation Measures were presented and discussed. Councilman Roy Runyon stated that an email had been sent out listing his recommendations for the PROS plan. He then presented his recommendation. (Please see attached.) A discussion followed regarding the Gold Mountain Golf Club management contract and how the draft plan places importance on agreements and leases that are in the best interest to the city A comment was made that the Pendergast Softball field drainage improvements were not listed on the capital plan This was inadvertently left off the list and will be added A request was made to consider expanding recreational opportunities to West Bremerton Commissioner Wheeler presented the idea of using the building in Forest Ridge as a possible west side location for recreation purposes Commissioner Nerf provided comments to Mr. Runyon's recommendations. He was not opposed to including "Financial Sustainable" in the mission statement He stated he has very strong objection to the functional break down of the Parks and Recreation Department recommended. He did not feel Houston was a good example of a park system, citing their deficiency in neighborhood parks and overall inventory He felt that the 5 mile standard is appropriate when speaking to the level of service standards He did agree with Mr. Runyon's recommendation regarding operation and maintenance Commissioner Wheeler shared her comments regarding Mr. Runyon's recommendations. She said she did not feel "financial sustainable" should be added to the mission statement stating it could be added later but that she worries that it's an unfunded mandate She does not feel it is not appropriate for the PROS draft at this time She disagrees with the recommendation of the reorganization of the Parks and Recreation Department stating if Council wishes to do something with the recommendation they can, but it should not be part of the PROS plan update She stated that the use of school facilities would be interesting to look at but that parks and schools have a different mission and it would be complicated and the recommendation does not need to be included in the PROS plan this time. She stated she was very in favor of looking at the operation and maintenance Commissioner Smidt provided examples of sports groups flourishing in the community through relationships with the school district Commissioner Wiley stated he liked the comment about the Anderson Cove area and connectivity of the three small parks in the area and believes it is reflected in the plan Commissioner Dollar stated he like the idea of adding "financially sustainable" to the plan He also liked the idea of restructuring the parks department He agrees with the aggregation of smaller parks to meet the standard and stated the operation and maintenance was a good plan. Commissioner Watson commented that he felt the issue of financially sustainability would be addressed in the Parks Funding Task Force work to follow the completion of the PROS Plan. He stated that he felt the restructuring of the department should not be part of the PROS Plan. He likes the idea of aggregation, but does not feel it makes a difference in walking distance unless the parks were close together. Discussion followed regarding service area overlap and how it related to level of standards Chairman Larson stated that the reorganization of the parks department would have tremendous ramifications and should not be addressed in the PROS Plan Motion was made to recommend that City Council approve the Parks, Recreation and Open Space Plan as presented with minor typographical corrections Nerf /Wheeler (M/S/6-In favor, 1- Opposed (Dollar)) c. Subcontracting of the Concession Agreement for Olympic Soccer and Sports Center Indoor Facility at Pendergast Regional Park Advisory Report. Wyn Birkenthal provided a review of the proposed Subcontracting of Concession Agreement including revision action that have taken place since the February 11' 2014 Parks and Recreation Commission meeting and presented the draft Advisory Report from the Commission to review and approve Commissioner Wheeler asked if the agreement could be reopened after the 36 -month subcontract of concession. Mr. Birkenthal responded, only if the contractor wishes to or goes into default as the current agreement includes multiple 10 -year renewals that would still be in place Commissioner Wiley asked if due diligence was followed with the original agreement. Jeff Elevado explained that the contractor approached the city with the idea of building an indoor soccer center and that the city remains the owner of the property He said that staff and the Parks and Recreation Commission deliberated the benefit of the new facility versus the probability of completing the plan for additional ball fields on the site Compensation was paid in the form of hours of use. He added that when the second field was added that a monetary lease payment was added to the hours available to compensate the city for use of the land. Commissioner Dollar asked if O.S.S C was current on their lease payments Mr Birkenthal stated that they are A question was asked about accounting for cost of use of common area Mr Birkenthal explained that this was taken into account when the second field was built and the monetary lease payment was added to the agreement Discussion followed regarding lease payments and the procedure followed when payments were behind or late. A motion was made to authorize Chairman Larson to sign the Advisory Report on Subcontracting the Concession Agreement for the Olympic Soccer and Sports Center Indoor Facility at Pendergast Park. Wheeler /Larson (M /S /U) V. Staff .Reports: Tom Cressman Reported that flower will be delivered next week. Fountains are being started up and will be operational next week Jeff Elevado Reported that softball registration has begun Olympic College and Bremerton H S have started practice at Lions Park Colette Berna Concentrating on the Evergreen Park Project V1. Commissioner's Comments and Questions: Commissioner Wheeler expressed her thanks for the work that Parks staff do Commissioner Dollar reported on the N A D. cabin and the Chico Creek groups interest in using the cabin. VII. Adjournment: Chairman Larson adjourned the meeting at 9 10 p m. From: Roy Runyon Sent: Wednesday, March 12, 2014 3:23 PM To: City Council Cc: Roy Runyon Subject: Study Session item 13.4 FW: PROS PLAN INPUT Please see my recommendations re: the draft PROS Plan. I presented these recommendations to the Parks Commission during its Feb. 25, 2014 meeting. - -Roy From: Roy Runyon Sent: Tuesday, February 25, 2014 2:41 PM To: Wyn Birkenthal; City Council; bobbuck69C,agmail.com Cc: parker(abtscnet.com Roy Runyon Subject: PROS PLAN INPUT Below are my recommendations for changes to the draft PROS plan: 1. Change Mission Statement to read: Bremerton Parks and Recreation is committed to providing a financially sustainable array of Parks, Open Spaces, Trails and Recreational Opportunities that are responsive to citizen needs and build community through celebration and inclusion. 2 Ref pg 4 Major Recommendations add the following. a Restructure the Parks Department to emphasize function over form (e.g. move Parks Maintenance Division to Public Works and move Recreation Services under Financial Services) to achieve the following• a higher level of parks maintenance, supplement PW Facilities Maintenance Div. and Street Division in maintenance of all green space and vegetation, reduce the need for a parks levy, make the parks function more financially sustainable; and eliminate bureaucratic silos which currently exist in City government b Develop a partnership with the Bremerton School District (BSD) to provide land for development of new City parks needed in newly annexed areas before spending money on the acquisition and development of any private land Seethe Bremerton School District 100 -C Study and Survey for an inventory of all BSD facilities htip. / /www.bremertonschools orgJ cros/ lib/ WA01001541 /Centncity/Domam/102/ /Facilities/ Bremerton %20Studv%20and %20Surve 20FINAL- 120315.pdf Also consider the Houston School Park Program (SPARK) https. / /www.facebook com/sparkpark houston?rf-205027189542121 and www spark.org SPARK is a 501(c)3 organization which helps the Houston School District develop its playgrounds into parks. c. Employ the idea of aggregation to meet the Neighborhood Park requirement Aggregation means combining several small parks in close proximity to each other into a Neighborhood Park Complex, negating the requirement to acquire and develop more land to meet the Neighborhood Park requirement. The Anderson 1 Cove area includes Matan Park, Arvon Park and the soon to be Lillian and James Walker Park. Individually, none of these three park properties meets the 1.5 acre mmimum size for a neighborhood park but together they probably do Connectivity improvements like better sidewalks and signage could link these close but disparate properties together d. Evaluate the Neighborhood Park requirement of a 1.5 acre park within 5 miles walking distance of each residential area This stems from a 1945 analysis when Bremerton contained a population of between 70,000 and 80,000 people during World War II and the needs of the shipyard and Navy and when open space to recreate was at a premium and hard to find. During the run -up to the last election (Nov. 2013), of the several hundred residents candidate Roy Runyon made personal contact with, only one resident stated "parks was doing a great fob. keep it up " Not one resident informed candidate Runyon that we need more parks About a dozen residents emphasized the importance of maintaining the parks we have. e. Require an estimate of operations and maintenance (O &M) requirements and costs as part of planning for the acquisition and development of new parks and the redevelopment of existing parks to ensure financial sustamability. Regards, Roy Runyon Council Member, District 6 City of Bremerton 2 , • Dec. 2013: 1St PROS Draft • January 14th: Public Open House • Feb. 14th: 2nd PROS Draft • Feb. 25th: Parks & Recreation Commission Meeting • March 11 the Completion of Dept. of Commerce 60 -day review • March 12th: City Council Study Session g • April 1St: RCO Submittal City of Bremerton Parks, Recreation & Open Space Plan wo� k" ,fir �i. - '. .If• � ! '� •. �✓� •a�}4 - t _ !11.x) • � '� , �e' .. � 'n ;. t a i i� �. '� ; y c�• �`, r � / �� _ :�a,�' • � ^ Y� , '•;� � .til _ r- ry� All 1 MWE ling NNE uoijeIndOd pue rliir� :Rit r r ' =nuniu � r❑ �� � r . - -.: -_ ,rr���� ��• ■ suoilexeu ud Jol u eId . W ill ours o :! :•�ursr um � E) ulejuleA OF - r ■ � w �jj Indul uezilio JaujeE) . Y S Jed AJOIuanu I f i o A 1 1 � �,. a. 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F ti� l l �— aaaa,t.t - Cm,w.lm LIVY \iJUILI ✓UV — �_ _ _ N t - _ "-=�} 7 i _'Z� taw tr■ __ _ ,�: � ' f.t� ■may v.Y , f� o so tm tm mo :so aoo ^,i -ltt k�11;2110F . rr C) u , Wuda 0 u.. eoaedmWy Fm vM ❑ t.,rmmr ------- _. - - ---.— _ -- r The Gty's six year Parks, Recreation and Open s +� 0p� o p Space Plan has been updated in draft form and P V46�� � r'40�� f o v a 1 or review and comments The Plan - - is a ail be 12 0MMUM AM MCWAQM ong term goals and policies for the •-- operation of and improvements to Bremerton's Th. c.y ar 0rcm.r1on Perks - ® park s tions. Co —isvon and dapo uhh rtmem s hold �� pc meeting to off the u or th e '+ Citiz O 0 U LI B ° V° � ��'� on the '°° i - ,..m.— ...,........ - P on �,�,,,� www, LS ment draft d ii tl uL�iC��L°) iiluJll ton of c U UU U Ulm the e p � � DUE ��l�ll?1�°JlS Ul�Jll "Odl . To obtain u Hard copy visit: ". nnnn F.11— IN, 1..k ro rake the survey ^� plumb wvwtisueveynwnkaravn /e /wrlx7xrz Bremerton Parks & Recreation at 680 Lebo Blvd � g o y 0 n..F . . n a y the held.n the Sher don Po k Commu�ry�Carver kourtge The puN PARK & RECREATION COMMISSION c o � enca,r to aaend and mated ro commem 0 O o 0 U OPEN HOUSE to discuss Draft Plan c p a January 14"h, 5:30 -7 p.m. Sheridan Park Communily Center 680 Lebo Blvd , Bremerton - - - - - - -- -- — " "- - - - " "" For additional ■nformalton, call (360) 473 -5305 Fo, oddoi...l inrormatron plea,. toll 13601 .735305 _. .�. tom- -b �� _ .. .�_ _c, __ _ _ � ,�• — � - -. ,.f _ •�.� „__, r a �' G' �' _ _ - - "�' � ..� c ,� �� _ _ 1 j% .. � i•'•� � CITY O f V — ...... r � • • � � T BRE ERTO Goal 1: Encourage Public Involvement in the Operation &Programming of the Park System Goal 2: Develop a Park System ghat is Functional, Diversified, Attractive and Available to all Segments of = remerton's Population Goal 3: Maintain Parks &Facilities to Protect Capital Investment &Ensure the Park System is Clean, Green &Safe �t_d .. � �.• £ �. ` s a � r r �� p s it i � 1�'_ • � � c•T!�r i ~}1 �t� s '� �j r I s"f' Y�� � •� � v� 41 •'a?S.�e;4 t � I r 1 � «• _ e r � �'".." �!Y . < Rt � * t • ^1 '. r 1 � � �� _� - - _ _ .�,_f ma y! .k• �'f'i A r ' Y : ' - 1;`cat to p',;w s �, �,^� 'i. a• -� �� '1 r �� ` • �� H,. � r!.'". _ w . th u�irz r4�� n' �, 1 1�t:r��t. � \-1 t �� t; � f� J �_�,.: ::f. tilt � --r � y�, r��r r IG ^7� 1 \f' �. r.- = ,�•. *1,7�"+ - '�L':`.,,r.` :,� .,.yftn��f�� y r . t• �j � �' � i � r - �1. o rY i a. ii � + r WKf. 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L��n.>'?cn�i ;, �r ` f�r` ? ���'��� ��� r _,�':�� � ��-` �� ' \�_ �+��a�_�j����a"'; #1L'� ?�ti�.• _,i a��� � [ � '� y ` A � � +i ZGe � LAS {' �:O��itN'� irk � �1 •!,i C !`!•, . �� � ti ~ :A - _ i • �r� .. l r �'' .. � '� I y: �� y €, '��� ,t,�f[ "�ys,� �.a 71 / - �� 1 �. r '�'. � I . y u�' .fw : x..J � :a ' ` .x+7711 + �' } T'� . -"�.I 9a[" -� •, 4. �•/ ev s j � :+ i. �.� c �' 0M ��yy.. � ��' r / i 1 B rr - �,•"l�o } L �,;� � ►;. �uaua�Cofu� pug ssa��y. �!Ignd a��!�doaddy. a��ano�u� o� sa�anosa� I�an��N a��u�W '8 ��a�oad :L I�o� sai��!I!gd pug s��saaa�ul `safiy. �o uana�� ads uoi���aadp alq!suodsa� �CII�!�u�ui� aansu� o� sa!�!I!��� �u!���aaua� anuana� ao� �u!���al asuadx� pug �ano�a� �so� dolanaa :� I�o� spoouaoqu�iaN pug spu�� I�an��N `s�a�d �u!��auuo� sa!��!un�oddp I!eal ap!noad :� I�o� e o ♦ t 1 � r � � � k ' c 3t� � _ sa a -�"� .� x i t�T.'S �Kii � �."i � ����t�- '�"4 {�� .:+- �ryi'' _ I I' - D D O � I © -_ - ao� o0 cam, °o M ftwaoga ftog AM 111R�OIM ° O O O 00 O agg @ Wll ft g AM OO O @ND O OO NRPA* (1995) N/A 5 - 10 acres 1 14 - 1/2 mile 30 - 50 acres 1/2 - 3 mile radius Bremerton (2007) 35 1.5 - 10 acres 1/2 mile 10 -50 acres 1 mile radius Recommended 20 - 30 acres; Edmonds (2008) 39,709 4 - 7 acres 1/2 -mile no less than 10 acres 2 - 5 mile radius Kirkland (2010) 48,787 .5 - 15 acres 1/4 mile 15 - 30 acres not specified Lacey (2010) 42,393 5 - 20 acres 1/2 - 1 mile 20 - 100 acres 2 - 3 mile radius Recommended min. 16 acres; Longview (2009) 36,648 7 - 15 acres 1 /4 - 1/2 mile Recommended 25+ acres 1 - 2 mile radius Richland (2006) 48,058 3 - 5 acres 1/2 - 1 mile 20 - 50 acres 1 - 2 mile radius Shoreline (201 1) 53,007 less than 10 acres 1/2 mile 10 - 50 acres 1.5 mile radius 7 1 Bremerton (2014) 39,251 1.5 - 10 acres 1/2 mile 10 -50 acres 2 - 5 mile radius "National Parks & Recreation Association - Published in Parks Recreation, Open Space and Greenway Guidelines O `L] J7 . O ® o Q © L j O — _ Park She Project Description Priority Cost EsL Develop Master Plan to bring up to Neighborhood Park standard to Include- Relocated /upgraded lighting outside field of play, Relocated playground and restroom; Shelter, Warren Ave. Playfleld High $875,000 Open lawn area, Landscape Improvements Marietta Playfleld Develop Master Plan to include- New restroom; New play area; Fencing, ADA access and furnishings; Tennis court renovation and lighting; Ballfield lighting upgrades (cut- High $400,000 offs); Signag Landsca Harborside Park tine Fountain basins High $125,000 Off-leash Dog Park Develop permanent off -leash dog park on existing park land (location to be determined) High $200,000 Playground Replacement Replace play equipment 14 Parks - $50k /yr for 10 yrs High $500,000 Gateway lReplace landscaped median with low - maintenance alternative High $85,000 Memorial Plaza Fountain Repair and line concrete waterways High $75,000 Haddon Park Upgrade park with. Picnic shelter at play area, ADA pathways and site furniture; Trees and Landscaping; Backstop panel High $100,000 Jarsted Park to Kftsap Lake Trail Develop rustic trail from Jarstad Park to Kitsap Lake High TBD Glenn Jarstad Aquatic Center Repair and replace filtration and chemical feed system High $250,000 Forest Ridge Park Develop Master Plan to include Implement Forest Management Plan to control root rot; Formalized trails and signage; Playground replacement; Restroom replacement; Medium $400,000 Removal of excess asphalt; Park lawn, Cabin renovation NAD Park Develop Master Plan to include Crosswalk, Parking Improvements, Playground replacement; Restroom replacement, Fencing Medium $230,000 Pendergast Park Upgrade park with- Dog Park Relocation; Restroom at Soccer Fields; Parking Overlay, Additional Softball Fields Medium $1,390,000 Lions Park Upgrade park with Coal Dock /Boat Launch Replacement, Tennis Court Resurfacing and Fencing, Northwest Parking Lot Overlay Medium $1,135,000 P -Patch Garden Develop community garden in West Bremerton (location to be determined) Medium TBD Evergreen Park Upgrade park with: Continuous Perimeter Pathway, Integrate Highland ROW to unite south end of park; South Seawall Replacement, Main Shelter Replacement; Boat Medium $1,070,000 launch renovation, Work with Farmer's Market to plan, desig & construct site Improvements to better accommodate market. Irr ig at ion Upgrades (Upgrade and /or install automatic Irrigation systems for lawn Areas (approx. 25 acres) and Flower Baskets Medium $550,000 Maintenance Facility Develop permanent Maintenance Facility Medium $700,000 Kitsap Lake Park Upgrade park with- Picnic shelter, Signage, Launch upgrades Medium $80,000 Bataan Park Upgrade park with ADA Access; Formalized parking, Drinking fountain Medium $125,000 Water Trail Amenities Develop non - motorized water craft amenities at waterfront parks Medium TBD Forested Areas Forest Management Plan for heavily wooded parks Medium $20,000 Items highlighted in red are designated a higher priority $8,310,000 G 1dN'�+Y'���'rpr �,��r ".�� � � n, �•;-y� M -. �.- - - -y � ter, r • � -' v v _ �� '�'1:',$�^' � ` Ktlr:.' • '/ S � - 1 -.,NIY y5 '' ,�!�M '. "rte t _ h i- r I L I �� • I � I V wk .YS r .JMM. •. i 1 1 - 4 ., � 1 � � f - `',t . -4 � � � x � ri'iG�' *'.l 1'� s: i'� f�'� • !'• r ' \ y- �� _ I 1 i• ,� _ � �... •.yam • .- � - s - ` i' -:y j y+•. .! - 5 � .: .-.� iii hh i n saso • Iml _ of - as a _ ao s = - . o • - - . uas as o i . �s rn a n_t a�t� o - , p� de � a_�s u _r_e sw, f __Ca to e Aggressive Grant Procurement (RCO, CDBG, DOE, DNR) Donations /Participation from Service Clubs, Non- Profits, Park Support groups • Corporate Sponsorships /Naming 'Rights • Ge neral Obligation Bonds • Revenue Bonds • Read Estate Excise Tax Proceeds • Assessment of Impact Fees or SEPA Mitigation Fees sa1R __ / .� r •� lo Am RE :i' •TSB". �t ✓ C .+ _!t , - �ICtr( . • :Al :.}Kb: - s j i -..r1 {7�i� L `� `�. % h�•K� fit• �_�.► X f r�� . + y y �• � •`Y'• ��4 1 �.� - , - •� ., r/ ,(; 'fit t -M �. {,1�► 7.i �� r� U ti �' r ° 1 r Aqbft, 47 lot_ 7 Ar.a X7 Parking Spaces Boat Ramp Water Access Tennis Basketball Soccer/Football Softball Fields Restroom Trails/Pathways Drinking Fountain Tables/Benches Shelter Playground Acres 7SYVGI/MXWET'SYRX]1SWUYMXS*PIIX8VEMP4PER4VITEVIHF]1EG0ISH6IGOSVH Miles 01234 SOUTHWORTH HARPER GORST S.COLBY COLBY ORCHARD PORT CHARLESTON ANNAPOLIS MANCHESTER BREMERTON MANETTE SOUTHBEACH WATERMAN WARD FORT ENETAI CLUB COUNTRY WHITE BEACH POINT BLAKELY PLEASANT SPRINGS LANDING ILLAHEE CRYSTAL PARKER'S CREOSOTE EAGLEDALE TAYLORAVE WINSLOW WESTWOOD WINGPOINT AVE MADISON HAWLEY POINT YEOMALT HIGHSCHOOLROAD BAY YEOMALT FLETCHER GILBERTON FERNCLIFF COVE MANITOU BROWNSVILLE SILVERDALE TOLO SKIFFPOINT ROLLINGBAY ROLLING VENICE MANZANITA SEABOLD MADISON LAVIEW PORT SEABOLDKEYPORT NORTH VIRGINIA MADISONMILL PORT LEMOLO PEARSON PASS AGATE SCANDIA SUQUAMISH POULSBO INDIANOLA MapCreatedforPlanningPurposesOnly Potential October2004 AdoptedHistoricDock TransportationPlanning KitsapCountyPublicWorks ParksandOpenSpace Roads SecondaryTrail PrimaryTrail KINGSTON MosquitoFleetTrail 7SYVGI/MXWET'SYRX]1SWUYMXS*PIIX8VEMP4PER4VITEVIHF]1EG0ISH6IGOSVH ORCHARD PORT CHARLESTON ANNAPOLIS BREMERTON MANETTE ENETAI ILL 4LSXS)VMRR.,EPI 7SYVGI'MX]SJ&VIQIVXSR'SQTVILIRWMZI4PER CLARE AVE. 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