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HomeMy WebLinkAbout3533 +--------------------------------------------------------------------------+ +Enter Search Criteria, Press Esc Key to Transmit + +press Del Key to Terminate Delete Mode + + CHANGE Contract Transactions + + Contract Number 3533 + + +vendor Name = =Subj ect = =Departmen t +Status Code + Comments T + DUKE, ALLISON III FIRE CHIEF (FORMERLY EXECUTIVE EMP Insurance Type Amount ASSISTANT CHIEF) Amount Begin Date End Date Review Date Insurance Total Insurance Review Date FILE CLOSED & TRANSFERRED TO HUMAN RESOURCES VAULT 01/01/2005 + 01/01/1994 + 12/31/2004 + 02/15/2005 :l:: $0.00 + + + +--------------------------------------------------------------------------+ +--------------------------------------------------------------------------+ ~1~Enter Search Criteria, Press Ese Key to Transmit '~ress Del Key to Terminate Delete Mode .. .. CHANGE Contract Transactions Contract Number 3533 - -Vendor Name . -Subj ect - .Department - -Status Code DUKE, ALLISON III FIRE CHIEF (FORMERLY ASSISTANT CHIEF) EXECUTIVE EMP Insurance Type Amount Amount Begin Date End Date Review Date 01/01/1994 06/15/2005 Insurance Total Insurance Review Date $0.00 ,. ,. ,. ,. +--------------------------------------------------------------------------+ Comments ASST CHIEF 1994 CHIEF 1998 REVIEW DATE FOR TRACKING PURPOSES ONLY EMPLOYMENT CONTRACT FIRE CHIEF This Employment Contract is entered into this 5t" day of March, 1998 by and between the City of Bremerton, a chartered first class municipal corporation organized under the laws of the State of Washington, (hereinafter referred to as "City"), and ALLISON DUKE III, (hereinafter referred to as "Fire Chief"). In consideration of the mutual benefits and promises herein contained, the parties agree as follows: 1. DESCRIPTION OF SERVICES: The Fire Chief agrees to furnish full time professional services as defined in the job description for Fire Chief which is attached and hereby incorporated as a part of this Agreement, which may be amended by the City upon 30 days notice to the Fire Chief. 2. SUPERVISION: The parties understand and agree that Fire Chief is an individual skilled in administration and management and can per-[orm independent functions and responsibilities in the exercise of his field of expertise. In the performance of these duties, the Fire Chief shall work under the direction of the Mayor. 3. TERM: The Fire Chief shall serve at the pleasure of the Mayor commencing March 5, 1998, and continuing until termination or removal by terms of this Agreement infra. 4. COMPENSATION: The Fire Chief and City agree that compensation for services rendered under this agreement shall begin at band 1, rate 4, Three Thousand One Hundred Forty Eight Dollars and 89/100 ($3,148.89) per semi-monthly pay period with a monthly rate of approximately Six Thousand Two Hundred Ninety Eight Dollars ($6,298.00). The salary for Fire Chief shall be adjusted from time to time in conformance with the provisions of the Management and Professional Staff Compensation Program (BMC 2.50) applicable to the position of Fire Chief. Said salary shall be paid on the City's regular payroll system. It is expressly understood by and between the parties that the Fire Chief shall be expected to work at least forty (40) hours per week, inclusive of approved leave. 5. BENEFITS: All benefits shall be afforded as provided in the Management and Professional Staff Compensation Program (BMC 2.50) and as provided under the laws of the State of Washington for the position of Fire Chief. Vacation is set at twenty-five (25) days per year. 6. PERFORMANCE REVIEWS: Performance reviews shall be conducted annually by the Mayor utilizing review standards and forms approved by the Human Resources Department. 7. EXCLUSION FROM CIVIL SERVICE: The Fire Chief acknowledges, understands, EMPLOYMENT CONTRACT -1- agrees and waives any employee rights under the City's Civil Service System, regardless of whether the position is retained as a classified position for purposes of selection and rights of other employees under the Civil Service System. Provided, however, the Fire Chief shall have retreat rights for regular Civil Service employees accepting an exempt position as set forth in Civil Service Rule 1.05.D. The Fire Chief further agrees that he is not obtaining any probationary nor permanent City Civil Service rank. 8. TERMINATION OF SERVICES: The Fire Chief is an "at will" employee and the City may terminate without cause, at any time, with thirty (30) days notice required. In the event that the Fire Chief shall terminate employment with the City, he agrees that he shall provide the City not less than one (1) month prior notice of the effective date of said termination in order to afford the City a reasonable opportunity to find a replacement. The parties further agree that in the event a replacement is found who is able to commence employment prior to the expiration of one (1) month's notice, that they may, in good faith, negotiate an earlier termination date. This Agreement may be terminated for cause, without notice, and no severance pay shall be paid. "Cause" is defined as any reason for which a regular employee may be dismissed under the Bremerton Civil Service Rules. 9. MEMBERSHIP/SUPPLIES: Memberships to professional organizations approved by the Mayor shall be in the name of the City, to the extent allowed by law, and paid for by the City. All supplies, equipment and materials purchased for use of the Fire Chief by the City shall belong to the City. 10. GENERAL PROVISIONS: A. This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. B. The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. C. Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: Human Resources Department ALLISON DUKE III 239 Fourth Street Fire Chief Bremerton, WA 98337 c/o City Hall 239 4th Street Bremerton, WA. 98337 EMPLOYMENT CONTRACT -2- D. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Kitsap County, Washington. E. The invalidity or unenforceability of any provision hereof shall, in no way, affect the validity or enforceability of any other provision. F. Failure to insist upon strict compliance with any terms, covenants, or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. ALLISON DUKE III REVIEWED BY: CiTY Of BREMERTON: LYNN HORTON, Mayor Human Resources Manager Received for Filing; KATHLEEN McCLUSKEY ' GLENNA MALANCA, City Attorney City Clerk EMPLOYMENTCONTRACT-3- CITY OF BREbiERTON Clasalflcntion Specifications May 1993 '~'~'~,E: FIRE CHIEF No. 4109 F.~S~ FUNCTION Under the policy direaion of the Mayor, aerves as depaflm~,l'lt h~l re~ondble for e~erching local F'u'e Mar~uil powers and managing/ire prevention, in.sp~on, sippreasion and emergency med/cal response operations in conformance with applicable statutes, re~lations and administrative polities. DIb-~'h,/GUISHING CHARACTERISTICS This is an ~ecutive m~na~ernent fire and em~'~rgency m~xl/cul clasa/flc~tion with re~oondb~i~y for managing and directing City £uce and emergency medical response, prevention work and personnel. ESSENTIAL DUt~S ~~l~ Serves as the Fire Marshal of thc Cit~. F~stablL~hes professional standards for ~'e prevention, suppression and r~cul e~e~cy response pro~ l~valuates trencl~ nmv developments and opportun/fies for rlev¢lo~ent of fire and medical ~ergency faci~fics and services. Commends all fire and emergcocy m~dicn/ act~t~ including inv~afions of fire origins, fire and safet~ insp~ctions and code e~forcemant, fire prevention, d~r prcparcc~css and emergency re~onses. Advises on all fire and mec~cal e~rt~t~gcncy respons~ legislative matters. ~enartmmtt O~rations: ~ircets and implements changes to depal~ment s~ces and funding levels, ol:~rat~g policies, standards, procedur~ and rules. ~on/tors budget and s~ contract compliance control systems..~stablhhes work methods, selcets o~tf~g s~stems, cc~ipment and procures. Prepares reports on department activit~ and operations. Pro,ram Budaefir~: ~escn'bes and quantifies program acfivlt~, trends and resources; establishes objectives; justices and presents funding requirements for depa~ment programs' short and long range resource allocation levels for personnet, s~s and supplies, capital equipment and fac~lkies acqu~fio~, maintenance and r~alr for the department as a v/hole and for sp~eial depa.t~mcntal projects. D c ' ' : ~stablishes the int~'nal organ/zatinnal structure of the dcpartmant: ~-~ls duties to wlth~t the d.~ent, arranges for proper ¢l*~cation of l~fions, and obtahts budget authority for funding posliions. Serves as appointing authority for all employees of the department. Supo~vL~s and/or (~rects the supervision, seleet~on, trah~ng, c~tluation, disdpl~ne and dhchargc of d~ent personnel. ~ Responds to inquiries from offi~l~, staff, outside agancins and the public. Partidpates in policy development considerations such as setting gene~,al buclg~t priol~ies, contract negotiation strateg/es, capital in~rovement programs, etc. Parfidpatcs in the activ~es of c~c, commun/ty and fire or~,~ons. Performs other ass~ned work is con,stent with the rcsponsl~oflities ass~gnccl to the cla~cation and necessary to the operations of the department and/or the Cit~. REQUIRED QUALIFICATIONS Pr~ciplea, practices, methods a~d technical support funet/ons of fire and ~m&Tgency medical response s~rvices; Currnnt professional standards applicable to fir~ and m*~ergency medical respons~ s~ces; Fundamental ~ntent and bas~ provisions of mun/cipal, s~ate and fc(l~ financ~g m~chan~ for fire and en~crSencF mcdicn/statices; Tcchn/ques used for gathcri~ evaluating and ~ fire depa~mcnt sc~cc ~nformation in preparing budgets; Ol~ons of fire vehicles, app~as, radios and other en~cy communications devices; ~fanagement, personnel and eth/cal practices as they apply to mun/c~al fire department operations. F, asential Abilities Able to: Apply profe~ionnl fire and emergency medical re,pome principles to spec/tic service operation~; Interpret and apply the intent and specific provisions of lawa and regulatozy provhion$ to particular conditiona and determin¢'a course of action; Evaluate, plan and eatabliah a proper ~equence of action for multiple functional un/ts and personnel to accomplizh goah; Provide verbal and written directivea, information and advice to a wide variety of people and officiah; CITY OF BREMERTON Classification Specifications May 1993 'll'lt~: FIRE ~ltl~ No. 4109 Apply the principlex of equal employment opporminty, afl'u*mative act/on and the Americans with Disabilities Ac~ in mana~ng ]:~'sunnel and sen, ice functions; Operate or leern to operate microcomputer and teleconunuulcetions equipment and systems; Persuas/~ly and ethieally communicate ideas and assert a point of view in complex or controversial situations; F. xh~t and ~ in subord/nates a high public serv/ce priority in contacts with the public and others encountered in the work; Develop and/mplement operat/ng methods which provide a h/gh degree of public safety. REQUIRED LICENSES AND CEI~IIFICATIONS A valid Washington State driver's license is required and nn~ be obta~d prior to date of appointment or another date set by the City. Oualifvin~ Tr~'tin~ and Ex~-rience Combined training and experience winch damenm'ates that a person has obtained the required knowledge and is able to perform th~ work required (with reasonable accommodation, if nec~sul~). In the fire and emergency medical profession, a person with the foliowing combined training and experience would t~pically qualify to compete in a seleaion process: graduation from ingh school or equivalent and ten (10) years of fuli-time paid experience in uniformed fire prevention, suppr~sion and emergency medicul response work; at least four (4) of winch involved conunand respon~'bility OR at least four (4) years of which involved admin~ering a centralized service or program in a multiple station department. LEGAL AND REGULATORY CONDmONS OF EMPLOYMENT OCCUFATIONAL GROUP: Executive Mnn~*~menL In addition to the essential function of admires' tmtive head of an office or department, a person in executive management actively participates in: 1) eva~uating the costs and effects of ali existing operations and services; 2) der/sing strate~es, advising, supporting and coordinating the activity of elected officials consider~g issuex wh/ch involve conflicting or competing internal and external needs and resources; and 3) implementing City-wide service and operational changes. FAIR LABOR STANDARDS ACT: The position qualifies for exemption from the Fair Labor Standards Act minimum wage and overtime provis/ons under the Ac~s Executh, e Employees exemption. ~: The position is excluded from the bargaining unit pursuant to Washington Public Employment Relations Comm/sdoo Decision No. 3176-A-PECB dated the 16th day of Jone; 1989 as follows: #Supervismy uniformed fire f'~hter personnel wiflfin the meaning of RCW 41..5.030 (7); excluding the Chief, ... all other employees of the City of Breme~on.# CIVIL SF..RVICI~: The cln*~it'icetion is induded in the Civil SeTvico pursuant to State Law and the Bremerton City Charter: Article IX Civil Service Section 35. ~ - : c. All full paid employees of the Fire department and Police department of the City shall be indudad under the previ.~'ons of this article, and all existing provisions of State Law pertaining to such employees shall be substantially complied with by the Commission. State law provides for the voluntary wa/vet of Civil Service rights by individual appointees to the position of Police and Fire Chief. R~'ised Classification Specifications Posted by Civil Serviea 5/14/93; ali nppeins resolved 6/22/93; approved as posted 5/14/93. APPO~ AUTHORITY: The pos/tion is filled by Mayoral eppoinunent pursuant to city Charter Article IV Seaion 19 which states, in relevant par~: ~he Mayor shall appoint._the Chief of the Fire Department.' Appointment is to be conf'mned by City Cooncll pursuant to City Charter Article lli Section 8 winch states in relevant part: 'The Mayor shall be the admin/strator of the City and shall.., make all eppointments of administrative heads with confirmation by the City coundL' Removal is by action of the Mayor in conformance with Rules of the Civil Service Commission, if Civil Senate rights have not b~en waived by ~ incumbent. Mayor:. Prnsiden~ City Council. ~ 2 EMPLOYMENT CONTRACT ASSISTANT FIRE CHIEF This Employment Contract is entered into this _.~ day of ~ ~ ,1994, by and between the City of Bremerton, a chartered first class municipal corporation organized under the laws of thc State of Washington, (hereinafter referred to as "City") and Allison Duke III, (hereinafter referred to as "Assistant Fire Chiel~). In consideration of the mutual benefits and promises herein contained, the parties hereto agree as follows: 1. DESCRIPTION OF SERVICES: The Assistant Fire Chief agrees to furnish full time professional services as defined in the classification specifications for same which is attached and hereby incorporated as a part of this Agreement or which may be amended with the concurrence of the City Council and Thirty (30) days notice to the Assistant Fire Chief. 2. SUPERVISION: The parties understand and agree that the Assistant Fire Chief is an individual skilled in administration and management and can perform independent functions and responsibilities in the exercise of his particular field of expertise. Within the performance of these duties, the Assistant Fire Chief shall work under the direction of the Fire Chief. 3. TERM: The Assistant Fire Chief comme~nce employment on January 1, 1994 and continue until resignation, separation or removal under applicable Civil Service Rules. 4. COMPENSATION: The Assistant Fire Chief and City agree that compensation for services rendered under this Agreement shall begin at Two Thousand Three Hundred Tweniy-Eight dollars and eighty-two cents per Semi-Monthly payperiod with a monthly rate of approximately $4,658. The salary for Assistant Fire Chief shall be adjusted from time to time in conformance with the provisions of the Management and Professional Staff Compensation Program applicable to the position of Assistant Fire Chief. Said salary shall be paid on the City's regular payroll system. It is expressly understood by and between the parties that the Assistant Fire Chief shall be expected to work at least forty (40) hours per week, inclusive of vacations, sick leave and holidays. 5. BENEFITS: All benefits shall be afforded as provided in the Management and Professional Staff Compensation Program and as provided under the laws of the State of Washington for the position of Assistant Fire Chief. 6. PERFORMANCE REVIEWS: Performance reviews shall be completed by the Fire Chief utilizing review standards and forms approved by the Personnel Department. 7. EXCLUSION FROM COLLE(~t'IVE BARGAINING: The Assistant Fire Chief acknowledges, understands and agrees this position in not included in a collective bargaining unit. 8. SEPARATION: The Assistant Fire Chief may be terminated in conformance with the City's Civil Service Rules. In the event that the Assistant Fire Chief shall terminate his emPloyment with the City, he agrees that he shall provide the City not less than one (1) month prior notice of the effective date of said separation in order to afford the City a reasonable opportunity to find a replacement. The parties further agree that in the event a replacement is found who is able to commence employment prior to the expiration of (1) month's notice, that they may, in good faith, negotiate an earlier separation date. 9. MEMBERSHIP/SUPPLIES: Memberships to professional organizations approved by the Mayor shah be in the name of the City, to the extent allowed by law, and paid for by the City. All supplies, equipment, uniforms and materials purchased for use of the Assistant Fire Chief by the City shall belong to the City. 10. GENERAL PROVISIONS: A. This Agreement constitutes the entire agreement between the parties and beth parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. B. The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both pa[ties. C. Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: Personnel Department Allison Duke III 239 Fourth Street Assistant Fire Chief Bremerton, WA 98310 c/o Bremerton Fire Department 817 Pacific Avenue Bremerton, WA 98310 D. Thi~ Agreement shah be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Kitsap County, Washington. E. The invalidity or unenforceability of any provision hereof, shall, in no way, affect the validity or enforceability of any other provision. F. Failure to insist upon strict compliance with any terms, covenants, or conditions of this Agreement shall not be deemed a waiver of such, nor shah any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. tLLISON DUKE III B~: LYNN I((~I~ON, Mayor rr sT: Fo : KATI~LEEN McCLUSKEY~Cierk lAN R~. ~IEVERS, City Attorney