HomeMy WebLinkAboutCOW 2012-06-25 COMPLETE AGENDA PACKETTukwila City Counci /Agenda
COMMITTEE OF THE WHOLE
Jim Haggerton, Mayor Counci /members: Joe Duff ie Dennis Robertson
David Cline, City Administrator Allan Ekberg Kathy Hougardy
Verna Seal, Council President De'Sean Quinn Kate Kruller
Monday, June 25, 2012, 7:00 PM
1. CALL TO ORDER PLEDGE OF ALLEGIANCE
Tukwila City Hall Council Chambers
2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda
(please limit your comments to five minutes per citizen). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion.
3. PUBLIC HEARING Tukwila Potential Annexation Area (PAA) North Highline. Pg.1
4. SPECIAL a. Discussion on Tukwila Potential Annexation Area (PAA) North Pg.1
ISSUES Highline.
b. A contract for the Alive and Free Program. Pg.49
c. A resolution ratifying the amended and restated Cascade Water Alliance Pg.93
Interlocal Agreement.
d. Tukwila Village library proposed deal terms. Pg.143
5. REPORTS
6. MISCELLANEOUS
7. EXECUTIVE SESSION
a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
S. ADJOURN TO SPECIAL MEETING
SPECIAL MEETING
Ord #2379 Res #1771
1. CALL TO ORDER ROLL CALL
2. UNFINISHED Authorize the acceptance of the proposed term sheet dated 6/20/12 with Pg.143
BUSINESS the King County Library System for the Tukwila Village development.
3. NEW BUSINESS a. Authorize the Mayor to sign a labor agreement with the International Pg.151
Association of Firefighters (IAFF) Local 2088 for the period
January 1, 2012 through December 31, 2013.
b. Authorize the Mayor to sign a labor agreement with the Tukwila Pg.189
Police Officers' Guild for the period January 1, 2011 through
December 31, 2013.
4. ADJOURNMENT
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This notice is available at
www.tukwilawa.aov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
HOW TO TESTIFY
If you would like to address the Council, please go to the podium and state your name and address clearly for
the record. Please observe the basic rules of courtesy when speaking and limit your continents to five
minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
continents received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
Regular Meetings The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
Committee of the Whole Meetings Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
At each Council meeting citizens are given the opportunity to address the Council on items that are not
included on the agenda during CITIZENS COMMENTS. Please limit your comments to 5 minutes.
Special Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
Public Hearings are required by law before the Council can take action on matters affecting the public interest
such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
Tukwila Municipal Code states the following guidelines for Public Hearings:
The proponent shall speak first and is allowed 15 minutes for a presentation.
2. The opponent is then allowed 15 minutes to make a presentation.
Each side is then allowed 5 minutes for rebuttal.
4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss
the issue among themselves, or defer the discussion to a future Council meeting, without further public
testimony. Council action may only be taken during Regular or Special Meetings.
COUNCIL AGENDA SYNOPSIS
ITEM NO.
C,�u coil review
A- i 3
4.A.
ITEM INFORMATION
STA r SPONSOR: MINNIE DHALIWAL ORIGINALAGI NDA DA'rE: 6/25/12
A(;I�ND.\ I' kNI TITLE; Tukwila's Potential Annexation Area (PAA) -North Highline
Discu.:rion Motion Resolution Ordinance Bid Ai and Pu6lic.Heariii ❑Other
tl4tg Dale 06125112 11Itg Date Mtg Date Mtg Date Mtg Date Mtg Date 6125112 Aftg Date
SPONSOR Council [:].Major FIR DCD Finance Fire IT P &R Police PIS
SPONSOWS Conduct the public hearing on the 60% petition for annexation.
SU \1 \'f. \RY
RI; rl;wi;lD m, CO«t Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SP( )Nsc>R /ADN 1N. Department of Community Development
CO NIMITITI Committee of the Whole
COST IMPACT FUND SOURCE
Exn`.NDPI'URV RI?QUIRI!D AMOUNT BUDGETED
Fund Source:
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
I MTG.DATEI RECORD OF COUNCIL ACTION
05/21/12 I City Council accepted the 10% petition and authorized circulation of 60% petition
06/11/12 Forward to 6/25/12 for public hearing
6/25/12
MTG.DATEj ATTACHMENTS
05/21/12 Information Memorandum dated 5/17/12
Detailed procedures and flowchart of the petition method of annexation
10% petition including the map and legal description of the proposed annexation area
6/11/12 *Due to the situation evolving at agenda production time, updated information will
be provided prior to the Council meeting.
6/25/12 Informational Memorandum dated 6/20/12, including Attachments A
1
Initials
Meeting Date
Prepared by /Ylayor'.r review
05/21/12
JP
06/11/12
JP
06/25/12
)P
ITEM NO.
C,�u coil review
A- i 3
4.A.
ITEM INFORMATION
STA r SPONSOR: MINNIE DHALIWAL ORIGINALAGI NDA DA'rE: 6/25/12
A(;I�ND.\ I' kNI TITLE; Tukwila's Potential Annexation Area (PAA) -North Highline
Discu.:rion Motion Resolution Ordinance Bid Ai and Pu6lic.Heariii ❑Other
tl4tg Dale 06125112 11Itg Date Mtg Date Mtg Date Mtg Date Mtg Date 6125112 Aftg Date
SPONSOR Council [:].Major FIR DCD Finance Fire IT P &R Police PIS
SPONSOWS Conduct the public hearing on the 60% petition for annexation.
SU \1 \'f. \RY
RI; rl;wi;lD m, CO«t Mtg. CA &P Cmte F &S Cmte
Utilities Cmte Arts Comm. Parks Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SP( )Nsc>R /ADN 1N. Department of Community Development
CO NIMITITI Committee of the Whole
COST IMPACT FUND SOURCE
Exn`.NDPI'URV RI?QUIRI!D AMOUNT BUDGETED
Fund Source:
Transportation Cmte
Planning Comm.
APPROPRIATION REQUIRED
I MTG.DATEI RECORD OF COUNCIL ACTION
05/21/12 I City Council accepted the 10% petition and authorized circulation of 60% petition
06/11/12 Forward to 6/25/12 for public hearing
6/25/12
MTG.DATEj ATTACHMENTS
05/21/12 Information Memorandum dated 5/17/12
Detailed procedures and flowchart of the petition method of annexation
10% petition including the map and legal description of the proposed annexation area
6/11/12 *Due to the situation evolving at agenda production time, updated information will
be provided prior to the Council meeting.
6/25/12 Informational Memorandum dated 6/20/12, including Attachments A
1
x
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
FROM:
BY:
DATE:
SUBJECT:
ISSUE
Mayor Haggerton
Committee of the Whole
Jack Pace, Department of Community Development Director
Minnie Dhaliwal, Planning Supervisor
June 20, 2012
Tukwila's Potential Annexation Area North Highline.
Should the City submit a Notice of Intention to Annex with the Boundary Review Board for
Tukwila's Potential Annexation Area (PAA) North Highline?
BACKGROUND
On May 17, 2012, a request for annexation was received from the property owners representing
at least 10% of the assessed value of the proposed annexation area. On May 21, 2012, the City
Council accepted the 10% petition and authorized the circulation of the sixty percent petition.
On June 5, 2012, the property owners representing at least 60% of the assessed value of the
proposed annexation area of Tukwila's PAA submitted their petition to commence annexation
proceedings (Attachment C). King County Assessor validated the petition on June 7, 2012
(Attachment D), and on June 11, 2012, Council set the public hearing date for June 25, 2012.
DISCUSSION
A. Potential Annexation Area Characteristics:
Tukwila designated the North Highline area as a potential annexation area in the City's
Comprehensive Plan in 1995. Attachment A is the map showing the proposed
annexation boundaries.
The total area of the PAA is approximately 166 acres, including rights of way. The
boundaries include the parcel number 5624200132, which was in Burien's PAA. Due to
split ownership issues Burien did not include it in its annexation boundary and has
written a letter to Tukwila not objecting annexation of this parcel to Tukwila. Also, the
legal description of the annexation area states southern boundary of S. Director Street.
The boundary of City of Seattle is a straight line along S. Director Street and does not
include a small jog along the south side the street. In order to comply with RCW
35.02.170, the proposed annexation boundaries follow the south margin of the street.
There are a total of 25 parcels 97,616,700 in total assessed value. The list of parcels
is included in the Attachment E.
The list of businesses in the area includes Delta Marine; Duwamish Yacht Club;
Seattle City Light (28.5 acres), consisting of a substation and vacant lot; limousine
business; gas station; auto repair; various multitenant buildings primarily light
industrial, with some office and retail.
Latest census info shows 41 residents, including 22 Households in 47 units, most likely
living on boats at the Duwamish Yacht Club. As of 3/10/2010, there were 18 registered
3
INFORMATIONAL MEMO
Page 2
voters within the PAA, 17 of which voted in the 2009 General Election (Source: KCO
Elections Dept). Duwamish Yacht Club has confirmed that there are 18 live aboards on
the property at this time.
Area is currently zoned Industrial by King County. Tukwila Comprehensive Plan
designates this area as Manufacturing Industrial Center /Heavy (MIC /H) and two
parcels that are adjacent to some residential uses are designated as Manufacturing
Industrial Center /Light (MIC /L). See Attachment J.
Surrounding Area: Property across the Duwamish River in Tukwila is zoned MIC /H. To
the north, Seattle zoning is Single Family 5000 with General Industrial along the
Duwamish, and to the east the area is zoned General Industrial.
B. Annexation Process:
Pursuant to RCW 35A.14.130, when a 60% petition is filed with the City, the legislative body
may entertain the same, fix a date for a public hearing and cause notice of the hearing to be
published in one or more issues of a newspaper of general circulation in the city. The notice
shall also be posted in three public places within the territory proposed for annexation and
shall specify the time and place of hearing and invite interested parties to appear and voice
approval or disapproval of the annexation.
The notice of public hearing was published in the Seattle Times; three notice boards were
posted in the annexation area; and mailed to all the property owners and agencies with
interest. Additionally, staff hosted an open house on June 20, 2012, to answer any questions
related to the annexation. The notice for the open house was also mailed to property owners
and businesses in the area. It was also posted on the City's website.
After the public hearing the Council will make a decision whether to annex this area and what
zoning to adopt for the area. If Council decides to annex then there are additional steps
required before the annexation is complete including filing a Notice of Intent to annex with the
Boundary Review Board (BRB). If BRB approves Tukwila's request, the City Council will then
adopt an ordinance with an effective date for the annexation and adopt the zoning for the
area. See attached handout on the process involved with the petition method of annexation.
(Attachment F).
C. Revenue and Expenditure Analysis
See attached spreadsheet (Attachment G) for anticipated revenue projections for this area,
with a total of approximately $487,000 projected per year for general fund and $81,000 per
year for storm water enterprise fund. These projections are approximate and do not include
utility tax, as data showing actual usage was not available at this time. Also, the exact number
of employees in the area could not be ascertained at this time.
Summary of the expected revenue
6% Utility Tax on telephone, gas, electricity, cable solid waste providers. Need
usage information to determine revenue.
$90,920 per year in Storm Drainage fees storm water utility tax
Sales Tax City will receive 0.84 of revenue generated by sales tax within the area.
For example, based on taxable sales in 2010, the City would have received $163,286.
$67 per employee in Business License fees and RGRL
Approximately $287,969 in property taxes ($2.95/$1000 AV).
Summary of expected expenses:
0
INFORMATIONAL MEMO
Page 3
There will be some ongoing road maintenance costs and costs for storm drainage catch
basin clean up. No additional staff or equipment costs are anticipated for these
maintenance actions.
There may be some one -time expenses related to studying the extent of contamination
issues.
City Departments have determined that Tukwila will be able to adequately service this
area with the existing staffing levels in all departments.
D. City Services:
Listed below is a brief discussion of different city departments and the anticipated service to
the area:
Public Works Department: Traffic, Street Maintenance, and Storm Water Management;
The county maintained roads include S. 93 Id St, S. 96 St, 14 Ave S, portion of Des Moines
Memorial Drive, and West Marginal PI S. King County Assessor's map indicates 15 Ave S is
also a public street. The County maintained streets are shown on County Roads Map below:
l�
f e
y 4}
E
9j t
m S Barton St
D, it .inns
P
S 93rd St
t•Jemr !01 C S 44411
ILI
1
ff
S gF S
b
468 L}. 4678
In
Sg gth ST' P 2 i
S 100th St ?Sr>
The additional 16,490 lane feet of public streets and 6,600 lineal feet of storm pipes will be
cleaned and maintained within the constraints of our existing budget and additional storm
water fees collected from the area. Incrementally the additional maintenance workload is
manageable. An unknown risk is whether or not there is any contaminated waste in these
King County public right -of -ways or public storm drains and /or ditches. See discussion below
under item F- Potential Risks and Liability. The water system in this area is owned, operated
and maintained by Water District 20 and Seattle Public Utilities, therefore there is no impact to
the City of Tukwila. The sanitary sewer system is owned by Valley View Sewer District, and
there is no impact to the City of Tukwila.
5
INFORMATIONAL MEMO
Page 4
Fire Department:
Fire Department has determined that Tukwila is able to adequately serve the area and will
either meet or exceed the existing response times. This area is currently served by North
Highline Fire District (NHFD- Fire District 11). Tukwila Fire Department and NHFD provide
mutual aid.
The Fire Department will issue sprinkler system and fire alarm permits. Also, annual
inspections will be performed by the Fire Department. New development will be subject to fire
impact fees.
Under State Law NHFD would be required to transfer assets and a proportionate share of its
liabilities to the annexing city or fire district, based on the assessed valuation of the area
annexed. City staff has met with the District 11 Fire Chief. More details on the assets and
liabilities will be available as negotiations progress with District officials. See more detail
under item F- Potential Risks and Liabilities.
Police Response;
Tukwila Police Department does not anticipate any impacts to the police department with
increased calls for service. Police Department has conducted a water -side assessment of the
N. Highline PAA with particular attention to the Duwamish Yacht Club Marina and Delta
Marine dockside. Delta Marine is a secure facility with 24 hour on -site security. There are two
approaches to Delta Marine; one approach is through the main gate and the other is from the
dock side. With one of the Police /Fire boats docked at that facility, no access issues are
anticipated during an emergency response. There are two approaches to the Yacht Club
Marina. The water -side approach would be a few minutes delayed as a result of un- mooring
the boat; however, there is adequate street side approaches to the individual live- aboard
boats.
In examining the King Co. CrimeReports.Com web site, crime reports for the last six months
(November 18, 2011 May18, 2012) indicate no case reports at the Delta Marine facility or the
Duwamish Yacht Club. Crime reporting for the light industrial complex and vicinity within the
PAA shows 14 case reports taken for the last six months. These cases are primarily theft and
burglary cases.
With an average of slightly over two case reports per month, Tukwila Police does not
anticipate significant impacts to the police department. Response times to this area will be
similar to the response times in the north east T9 police reporting district. A priority police
response from the Tukwila Main station is approximately 5 -7 minutes and from T9 district is
less than 3 minutes. This area will be an addition to the T9 police reporting district.
Community Development Department- Building and Permitting, Code Enforcement and
Planning;
Review of any new construction or tenant improvements will be handled by the Department of
Community Development. Any land use or zoning issues will be addressed by the Planning
Department and any code violations will be addressed by the City's Code Enforcement
Officers. Department of Community Development will be able to adequately and efficiently
serve the needs of the businesses to ensure compliance with city regulations. Department of
Community Development does not anticipate any significant issues that cannot be addressed
within the existing budget.
A
INFORMATIONAL MEMO
Page 5
If the Council decides to annex this area, they must also adopt the zoning for the area.
Tukwila's Comprehensive Plan designated this area as Manufacturing Industrial Center /Heavy
(MIC /H) and two parcels west of 14 Ave S and south of S. Director St are designated as
Manufacturing Industrial Center /Light (MIC /L). See comprehensive plan map for the area
(Attachment J). Also, the different uses allowed in MIC /H zone; MIC /L zone; and the shoreline
environment are listed under Attachment I.
Parks Department
No impacts anticipated. The Parks Department will participate in any planning efforts related
to any future trails that are proposed or developed in this area. New development will be
subject to parks impact fee.
Tukwila Municipal Court
No impacts anticipated.
Finance Department
Finance Department is not anticipating any impacts.
E. How will annexation affect services for businesses and residents
Property rates will be lower.
Unincorporated
King County
PROPERTY TAXES
Levy rates
/per $1,000 assessed value
State /County /Port Districts
Road levy
School Levy
Fire Levy
Library Levy
EMS Levy
Tukwila
4.06
2.25
2.40
1.61
0.57
0.30
Flood Levy' 0.11
Ferry Levy 0.004
City levy
4.06
0.00
2.40
0.57
0.30
0.11
0.004
2.95
Total Levy Rate 1 11.30 1 10.39
Tax rates based on King County Levy codes 3018 3030 and Tukwila levy code 2430
'Fire District 11 voted debt stays with the area until it is paid off
Storm Drainage rates will decrease by approximately 49% for most developed sites. King
County rate is $2,046.72 per acre and Tukwila rate is $1029.10 /acre.
Business will be required to obtain business license and pay RGRL at the cost of $67 per
full time employee.
Sewer and Water rates will remain the same (same provider)
Electricity rates will increase very slightly for commercial uses.
Utility taxes for telephone, gas, electricity, cable solid waste will be levied on providers,
and most likely passed on to consumer.
Schools, libraries, animal control and bus service will not change.
7
INFORMATIONAL MEMO
Page 6
Parks, permitting zoning, fire emergency medical services, police services, local road
maintenance, and court services will be provided by the City of Tukwila.
See attached handout (Attachment H) on how government services will change with the
annexation.
F. Potential Risks and Liabilities
There are two areas of risk/liability related to the PAA overlap area: (1) Contamination issues
and (2) LEOFF 1 Fire Pension Liabilities. Each of these is addressed below:
Environmental Liabilities: An unknown risk is whether or not there is any environmental
contamination in the right -of -ways or public storm drains and /or ditches in this area. This is
due to the area's proximity to the Lower Duwamish Waterway (LDW) federal Superfund site.
Ecology and the EPA are currently in the process of identifying potential sources of
contamination that may be impacting the waterway. These potential sources include historical
or current commercial industrial operations, contaminants entering the waterway from spills
during product shipping and handling as well as surface runoff and storm water discharge.
Through this identification process Potentially Responsible Parties (PRPs) will be identified to
contribute to the clean -up efforts. The current owner or operator of the site will be named as a
PRP (CERCLA Section 107(a)(1)). Therefore, this implicates the City in areas of ownership,
upon annexation, such as streets and storm water outfalls. Under both state and federal law
the owner /operator of an outfall is liable for contamination that is discharged from that outfall.
This can also apply to upland drainage systems which contain contaminants. The city does
not have complete data to determine the extent of contamination within the current drainage
system in the annexation area or the number of potentially contaminated outfalls. Public
Works Department has recommended an initial sampling and testing contract with a
consulting firm at a cost of $17,850.
In addition to outfalls, the City could be liable for the costs to clean up contamination in the
right of way in the annexation area. Once the environmental sampling is done, a more
complete analysis of this issue will be provided.
LEOFF 1 Pension Liabilitv: State law requires annexing jurisdictions to fund the existing
LEOFF I pension obligations of the Fire District. The magnitude of this liability will depend on
the City's on -going negotiations with Fire Districts 11. City staff is meeting with Fire District
11 to clarify the issue and will report back to the City Council before City Council adopts the
final ordinance.
G. Timing of the annexation
It is important to note that the timing when the annexation becomes effective determines when
the city is able to collect taxes.
Property Taxes
For example, if an annexation is completed by August 1 of Year 1(2012), the city can levy
taxes in November of Year 1 (2012) and receive its first substantial property tax revenue after
April 30 of Year 2 (2013). If the annexation is not completed until August 2 (or later) of Year 1
(2012), the city will have to wait until November of Year 2 (2013) to levy its property tax and
will not receive its first revenues until the spring of Year 3 (2014).
INFORMATIONAL MEMO
Page 7
Sales Taxes:
Here are some examples of when sales taxes will be received for various dates of annexation.
1. Effective date of annexation, January 1. Taxes collected in the annexed area in
January are coded to the city. The retailers remit the taxes to Department of Revenue
(DOR) by February 25, and the city receives its first distribution on March 31.
2. Effective date of annexation, February 1. The city cannot levy its sales tax in the
annexed area until April 1, the first date of the quarter after the annexation takes place.
Taxes collected in April are remitted to DOR on May 25, and paid to the city on June
30.
3. Effective date of annexation, March 1. The city cannot levy its sales tax in the annexed
area until April 1, the first date of the quarter after the annexation takes place. Taxes
collected in April are remitted to DOR on May 25, and paid to the city on June 30.
H. Intergovernmental and PAA Overlap Issues:
Tukwila's PAA overlaps with City of Seattle's PAA in this area. Tukwila designated the
PAA in 1995 and Seattle in 1996. The City of Seattle's PAA, Area Y, is much larger than
Tukwila's PAA. The majority of Seattle's PAA overlaps with Burien's PAA. A much smaller area
overlaps with Tukwila's PAA. See attached Regional PAA map.
Seattle designated the portion that is currently an overlap with Tukwila as its PAA in
1996. Pursuant to Growth Management Act, Tukwila appealed Seattle's Comprehensive Plan
amendments to Growth Management Hearing Board. Both cities resolved the dispute by
entering into a Memorandum of Understanding for adjusting some illogical boundaries between
the two cities. However, the boundary lines were not adjusted, even though the Memorandum of
Understanding was signed. The city boundaries between Seattle and Tukwila, as well as the
overlapping PAAs, have been extensively addressed during on -going discussions among King
County, Seattle and Tukwila since 1997. In 1999, Tukwila, Seattle and King County prepared a
draft Interlocal Agreement, in which Tukwila transfers the overlapping portion of its PAA (N.
Highline area) to Seattle, in return for Seattle agreeing to rationalize existing city boundaries
with Tukwila. However the agreement was never signed. In 2001, Tukwila adopted Resolution
#1459 agreeing to revise their Comprehensive Plan map to eliminate the overlapping PAA with
Seattle and to straighten boundaries as laid out in the draft Interlocal Agreement. However,
these revisions were deferred by the Resolution until the Interlocal Agreement with Seattle and
King County was finalized and signed.
Burien and Seattle participated in the Dispute Resolution Program with King County and
entered into agreement where Burien would annex the southern section of North Highline
'Area X' (shown as Burien Annexation Area on Attachment B) and Seattle would annex northern
portion 'Area Y' (shown as Burien /Seattle PAA on Attachment B). Burien annexed the southern
section of North Highline `Area X' in 2010. However Seattle is not pursuing annexation of 'Area
Y' and is not objecting to Burien moving forward at this time with the annexation of `Area Y. On
April 2, 2012, Burien adopted a resolution requesting King County to place on the Nov. 6, 2012,
General Election ballot a proposition concerning annexation of the `Area Y'. Residents of the
proposed annexation area would vote on whether to become part of the City of Burien. Burien's
proposal for annexing Area Y went before Washington State Boundary Review Board for King
County, which conducted a public hearing in January before voting to accept the proposal in
February. If approved by voters, the annexation could take effect in spring 2013.
R
INFORMATIONAL MEMO
Page 8
Seattle has chosen to not move forward with annexing the area that is an overlap with
Burien's PAA, however was recently considering entering into an interlocal agreement with King
County for the portion that is an overlap with Tukwila referred as 'Duwamish Industrial Triangle'
and 'Sliver on the River' by Seattle.
King County Countywide Planning Policy LU -32 establishes a process for resolving PAA
overlaps in the North Highline area:
1. The cities and county should attempt to establish alternative non overlapping
PAA boundaries through a process of negotiation.
2. Absent a negotiated resolution, a city may file a Notice of Intent to Annex with the
Boundary Review Board for King County after the following steps have been taken:
a. The city proposing annexation has, at least 30 days prior to filing a Notice of Intent to
annex with the Boundary Review Board, contacted in writing the cities with the PAA overlap and
the county to provide notification of the city's intent to annex and to request a meeting or formal
mediation to discuss boundary alternatives, and;
b. The cities with the PAA overlap and the county have either:
i. Agreed to meet but failed to develop a negotiated settlement to the overlap within 60
days of receipt of the notice, or;
ii. Declined to meet or failed to respond in writing within 30 days of receipt of the notice.
Starting on April 6, 2011 Tukwila, Seattle and King County participated in the negotiations
process that included using a Dispute Resolution Program and an external mediator, similar to
the process used in the Burien /Seattle PAA overlap dispute. This was initiated by the City of
Seattle by a letter dated February 23, 2011. There was no resolution of the overlap issues as
Seattle was not interested in amending the boundaries due to negative revenue impacts.
Mediation failed to resolve the issue of the overlap and thus, the parties were then able to
pursue annexation under state law, having met the procedural prerequisite of mediation.
FINANCIAL IMPACT
Should the cost of potential contamination responsibility and LEOFF 1 liability be negligible, the
fiscal analysis indicates that additional revenue will likely exceed the costs associated with the
annexation. Staff will provide an update on this issue as soon as more analysis is completed.
RECOMMENDATION
Staff recommends that City Council schedule another meeting for staff to report back with
additional information regarding potential contamination and LEOFF1 liability issues and
address any other additional information that Council may want to make a decision.
NEXT STEPS
After the Council makes a decision on the annexation, staff will prepare an annexation packet
for submission to the Boundary Review Board (BRB). Analysis of how the proposed annexation
complies with Growth Management Act, County Wide Planning Policies, and BRB review criteria
(RCW 36.93.170) is required to be submitted with the Notice of Intent to annex.
After BRB approval City Council shall adopt an ordinance annexing the area to the City of
Tukwila and adopting the zoning for the area.
W
INFORMATIONAL MEMO
Page 9
ATTACHMENTS
Attachment A: Map of Tukwila's Potential Annexation Area- North Highline
Attachment B: Regional PAA map
Attachment C: Signed 60% petition along with the legal description and the map of the
area.
Attachment D: Assessor's certification of the petition
Attachment E: List of parcels and assessed value of the properties within the proposed
annexation area
Attachment F: Petition method of annexation procedures
Attachment G: Anticipated revenue associated with the annexation
Attachment H: Handout on how services will change with the annexation
Attachment I: MIC /H and MIC /L zoning uses and development standards including
shoreline use matrix
Attachment J: Comprehensive Plan map of the PAA area
11
12
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I:
Attachment C
PETITION FOR ANNEXATION TO THE
CITY OF TUKWILA, WASHINGTON
The Honorable Mayor and City Council
City of Tukwila
6200 Southcenter Boulevard
Tukwila WA, 98188
Dear Mayor and City Council:
,UN 0 5' 2092
CITY OF TUKWILA
CITY CLERK
WE THE UNDERSIGNED, being OWNERS of greater than sixty percent (60
in value of the real property described on EXHIBIT A attached hereto lying in the
potential annexation area of the City of Tukwila, Washington, do hereby petition that
such territory be annexed to and made a part of the City of Tukwila, Washington under
the provisions of RCW 35A.14, et seq., and any amendment thereto, of the State of
Washington.
The territory proposed to be annexed is within King County, Washington and is
described on EXHIBIT A attached hereto and depicted on EXHIBIT B by a diagram
which outlines the boundaries of the property sought to be annexed, also attached hereto.
The City Council of the City of Tukwila met with the initiating parties at a
Council meeting on May 21, 2012, and did accept the 10% Request for Annexation
submitted by the annexation proponents, and authorized the circulation of this Petition for
Annexation (60% Petition).
The City Council did also determine that annexation would require:
a) The simultaneous adoption of zoning as set forth in the City's Comprehensive
Plan; and
b) The assumption of any existing City bonded indebtedness that may exist at
time of annexation.
This page is one of a number of pages forming one petition seeking the
annexation of territory to the City of Tukwila, Washington (as stated above), and may be
filed with other pages containing additional signatures.
RCW 35.21.005(4) and RCW 35A.01.040(4) allow a signature to be withdrawn
by a written request that is filed with the City's Community Development Department
prior to the "terminal date The "terminal date" is the date on which the determination of
the sufficiency of the petition by the County Assessor is begun, which typically occurs no
17
later than 3 days after the petition is filed with the Department of Community
Development.
WHEREFORE, the undersigned respectfully petition the Honorable City Council
of the City of Tukwila and ask and agree as follows:
1. That appropriate action be taken to entertain this petition, fixing a date for
public hearing, causing notice to be published and posted specifying the time and place of
such hearing, and inviting all persons interested to appear and voice approval or
disapproval of such annexation; and
2. That the following such hearing and any other necessary approvals, the City
Council determine by ordinance that such annexation shall be effective; and that property
so annexed shall become a part of the City of Tukwila, Washington subject to its laws
and ordinances immediately upon annexation.
3. That the zoning and land use regulations for the area proposed for annexation
be consistent with the City's Comprehensive Plan and ordinances and that said zoning be
implemented and effective immediately upon annexation.
4. That all property within the territory hereby sought to be annexed shall be
assessed and taxed on the same basis as property within the City of Tukwila is assessed
and taxed to pay for the portion of any then outstanding indebtedness.
WARNING: Every person who signs this petition with any other than his or her
true name, or who knowingly signs more than one of these petitions, or signs a petition
seeking an election when he or she is not a legal voter, or signs a petition when he or she
is otherwise not qualified to sign, or who makes herein any false statement, shall be
guilty of a misdemeanor.
Any officer of a corporation owning land within the area involved, who is duly
authorized to execute deeds or encumbrances on behalf of the corporation, may sign
under oath on behalf of such corporation. If an officer signs the petition, he or she must
attach a certified excerpt from the bylaws of such corporation showing such authority and
attach an affidavit stating that he or she is duly authorized to sign the petition on behalf of
such corporation.(RCW 35A. 01.040)
iN
Owner's Signature
Printed Name
EX :�on 9tnit�
John A. Smith
W
Property Site Address
Owner Name
Owner's address (if
different)
Smith Properties 14521 14' Ave S Tukwila WA 98188
Driftwood
Development LLC
Harsch Investment
Properties LLC
9322 14 Ave S
Seattle WA 98108
9300 14' Ave S
Seattle WA 98108
1425 10 Ave S
Seattle WA 98108
Mailing address:
16209 Crescent Drive SW
Vashon, WA 98070
9320 15 Ave S
Seattle WA 98108
1121 SW Salmon Street
bert L. 1 n Portland OR 97205
sl� Global Business 9525 14' Ave S
Management 0 LLC- Seattle WA 98108
i
Junaih A Rizvi
Ivar Jones
Delta Marine
Industries, Inc
Latitude
Forty -Seven LLC
1608 S 96' St
Seattle WA 98108
1835 S 96 St
Seattle WA 98108
1745 S 96" St
Seattle WA 98108
Assessor's Parcel Date
No.
0001600931 5/11/12
000160 -0046
000160 -0037
000160 0042
000160 -0050
562420 -0097
�q z� 1 12
562420 -0021
562420 -0005
562420 -0006
19
Junaih A Rizvi
Owner's Signature
Printed Name
EX f" n 4ynit/r
John A. Smith
Warren Beardsley
Robert L. Aigner
Property Site Address
Owner Name
Hr U !RD
UN 2.01.2
CITY OF TUKWILA
OIL CLERK
Assessor's Parcel Date
No.
Owner's address {if
different}
Smith Properties 14521 14' Ave S Tukwila WA 98188 0001600931
Driftwood
Development LLC
Harsch Investment,
Properties LLC
Global Business
Management
Delta Marine
Industries, Inc.
Latitude
orty -Seven LLC
or Jone
9322 14' Ave S
000160 -0046
Seattle WA 98108
9300 10' Ave S
000160 -0037
Seattle WA 98108
1425 10 Ave S
000160 -0042
Seattle WA 98108
Mailing address:
16209 Crescent Drive SW
Vashon, WA 98070
9320 15' Ave S
000160 -0050
Seattle WA 98108
1121 SW Salmon Street
Portland OR 97205
9525 14' Ave S 562420 -0097
Seattle WA 98108
1608 S 96 St 562420 -0021
Seattle WA 98108
1835 S 96 St 562420 -0005
Seattle WA 98108
1745 S 96' St 562420 -0006
Seattle WA 98108
5/11/12
20
e
r
D001600024 6 v
00016 0bD 6 I
,00016OD062 6f5 /l2,
RECEIVED
.IUN05 2012
c df: TtXWlLA
CITY CLERK
21
J 2,3 °7 S.bj� 0001 60001,6 615
22
EXHIBIT
PROPOSED ANNEXATION AREA
THOSE PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 32 AND
SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 24 NORTH, RANGE 4 EAST,
W.M., AND OF THE NORTHWEST QUARTER OF SECTION 4 AND NORTHEAST
QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., KING
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF WESTERLY MARGIN STATE ROUTE 99
WITH TIIE NORTH LINE OF TRACT 55 OF MOORE'S FIVE ACRE TRACTS AS
RECORDED IN VOLUME 9 OF PLATS, PAGE 28, RECORDS OF KING COUNTY
WASHINGTON;
THENCE EASTERLY ALONG SAID NORTH LINE OF TRACT 55 AND CONTINUING
ALONG THE EASTERLY EXTENSION THEREOF TO THE THREAD OF THE
DUWAIVIISH WATERWAY;
THENCE NORTHERLY ALONG SAID THREAD OF THE DUWAMISH WATERWAY TO
THE EASTERLY EXTENSION OF THE SOUTH LINE OF MCNATT'S 1 ST ADDITION TO
SOUTH PARK HEIGHTS AS RECORDED IN VOLUME 9 OF PLATS, PAGE 9, RECORDS
OF KING COUNTY, WASHINGTON, SAID LINE ALSO BEING THE EASTERLY
EXTENSION OF THE PRESENT LIMITS OF THE CITY OF SEATTLE;
THENCE WESTERLY ALONG SAID SOUTH LINE AND ALONG SAID LIMITS OF THE
CITY OF SEATTLE TO THE EAST MARGIN OF 12 AVENUE SOUTH;
THENCE SOUTHERLY ALONG THE EXTENSION OF SAID EAST MARGIN OF 12
AVENUE SOUTH AND CONTINUING ALONG THE PRESENT LIMITS OF THE CITY OF
SEATTLE TO THE SOUTH MARGIN OF SOUTH CAMBRIDGE STREET EXTENDED
EASTERLY;
THENCE WESTERLY ALONG THE EXTENSION OF SAID SOUTH MARGIN OF SOUTH
CAMBRIDGE STREET EXTENDED AND CONTINUING ALONG THE PRESENT LIMITS
OF THE CITY OF SEATTLE TO THE INTERSECTION OF THE SOUTH LINE OF
EXCELSIOR ACRE TRACTS NO. 2 AS RECORDED IN VOLUME 9 OF PLATS, PAGE 48,
RECORDS OF KING COUNTY, WASHINGTON WITH THE WESTERLY MARGIN OF
SAID STATE ROUTE 99;
THENCE LEAVING SAID PRESENT LIMITS OF THE CITY OF SEATTLE,
SOUTHEASTERLY ALONG SAID WESTERLY MARGIN OF STATE ROUTE 99 TO THE
23
EXHIBITA
INTERSECTION WITH THE EAST LINE OF THE WESTERLY 178.51 FEET OF TRACT 8
OF SAID MOORE'S FIVE ACRE TRACTS;
THENCE SOUTHERLY ALONG SAID EAST LINE TO THE NORTH MARGIN OF SOUTH
96 STREET;
THENCE EASTERLY ALONG SAID NORTH MARGIN OF SOUTH 96 STREET TO THE
INTERSECTION WITH THE WESTERLY MARGIN OF STATE ROUTE 99;
THE SOUTHEASTERLY ALONG SAID WESTERLY MARGIN OF STATE ROUTE 99 TO
THE INTERSECTION WITH THE NORTH LINE OF SAID TRACT 55 OF MOORE'S FINE
ACRE TRACTS AND THE POINT OF BEGINNING.
24
Exhibit B
GOOD 60
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0042
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25
W
Attachment D
a
King County
Department of Assessments
Accounting Division
500 Fourth Avenue, ADM -AS -0725
Seattle, WA 98104 -2384
(206) 296 -5145 FA.X (206) 296 -0106
Email: assessor.info@ILingeotinty.gov
h ttn: /Avnvtir .ki n2 cou n h /assessor/
Lloyd Hara
Assessor
ANNEXATION PETITION CERTIFICATION
THIS IS TO CERTIFY that the petition submitted June 5, 2012 to the King
County Department of Assessments by Christy O'Flaherty, City Clerk,
City of Tukwila supporting the annexation to Tukwila of the properties
described as the North Highline Annexation, have been examined, the
property taxpayers, tax parcel numbers, and assessed value of properties
listed thereon carefully compared with the King County tax roll records,
and as a result of such examination, found to be sufficient under the
provisions of the Revised Code of Washington, Section 35A.01.040.
The Department of Assessments has not verified that the signature on the
petition is valid through comparison with any record of actual signatures,
nor that the signature was obtained or submitted in an appropriate time
frame and this document does not certify such to be the case.
Dated this 6th day of June, 2012
/v— 4
'Lloyd Rara, King County Assessor
27
W.*
parcel Owner
16000161SOUTH DIRECTOR LLC
1600029IMELLON TRUST OF WA- DESIMONE
1600061IMELLON TRUST OF WA- DESIMONE
1600062IMELLON TRUST OF WA- DESIMONE
1600037 DRIFTWOOD DEVELOPMENTS LLC
1600042 DRIFTWOOD DEVELOPMENTS LLC
16000461 DRIFTWOOD DEVELOPMENTS LLC
16000501HARSCH INVESTMENT PROPERTIES
1600055IPACIFIC INDUSTRIAL SUPPLY
1600058 AERONAUTICAL MACHINISTS
1600060 SEA KING INDUSTRIAL PARK LL
56242000051 DELTA MARINE
5624200006 IDelta Marine (LATITUTE FORTY SEVEN)
56242000211DELTA MARINE INDUSTRIES INC
56242009301SEATTLE CITY LIGHT
5624200931 ISEATTLE CITY LIGHT
5624200950ISEATTLE CITY LIGHT
56242009511SEATTLE CITY LIGHT
7619000000 Condo building parcel #s listed below
SEA KING INDUSTRIAL PARK LL
7619000010
7619000020
7619000030
7619000040
7619000050
7619000060
7619000070
56242001001 King County
5624200110 An ma rco
5624200099 1 BRENT /KENNEDY /M EN DEN HALL
5624200091 IQ M LLC
5624200097 Global Business Management
5624200132 Anmarco
Total taxable property value
60% of the total taxable value
Value of the property owners who have signed the petition
Attachment E
taxable total
value (2011) acres Signed Petition
1,052,500.00
1.05
Yes
4,129,200.00
51
Yes
4,126,600.00
4.4
Yes
1,658,900.00
2.09
Yes
614,000.00
0.46
Yes
1,023,400.00
0.59
Yes
1,912,000.00
2.07
Yes
11,288,200.00
8.48
Yes
4,230,100.00
3.55
5,567,800.00
4.58
5,835,200.00
6.61
3,721,900.00
3.07
Yes
15,791,400.00
4.54
Yes
14,140,600.00
9.63
Yes
12.09
16.45
2.69
0.21
12.05
$1,769,700
$1,769,700
$1,769,700
$1,769,700
$3,797,400
$4,416,800
$3,096,900
$0
0.01
842,000.00
1.07
613,900.00
0.47
407,400.00
0.42
1,466,200.00
1.02
Yes
805,500.00
1.85
97,616,700.00
58,570,020.00
$60,924,900.00
62.41
29
30
Attachment F
Detailed Procedures for 60% Petition Method of Annexation (RCW 35A.14)
1. Community initiates preliminary petition: The initiating party or parties (owners representing not
less than 10% of the value of properties) give notice to the City Council of their intention to commence
annexation. Preliminary petition is provided to City.
2. City Council decision: City Council meets with the initiating party and accepts, rejects or modifies
annexation. May require area to adopt Comprehensive Plan assume portion of indebtedness. No
appeal from Council decision.
(Time Period. Council meets within 60 days of 10% petition)
3. Community initiates 60% petition after the City Council approves annexation. Petition with
signatures of owners representing not less than 60% of the value of properties or acreage must be
provided to the City. King County Assessor validates notifies. With a validated petition, the City
Council holds a public hearing and makes a decision. (Time Period: Signatures valid for 180 days.
Assessor must process with "reasonable promptness. City Council hearing as soon as possible)
4. City submits a Notice of Intention to Annex (NOI) to the King County Boundary Review Board
(BRB). NOI includes the rationale for annexation, legal documents, maps, service data, and
compliance with state /regional law.
(Time Period: Immediately after the City Council action)
5. BRB Process: BRB coordinates NOI review by County agencies, other affected agencies, and
public. Reviews NOI at a Board meeting. Holds a public hearing if jurisdiction is invoked. Takes action
to approve, deny or modify the application.
(Time Period: 120 day maximum, with possible extensions for public hearing)
6. Appeals Process: BRB decision can be appealed. Issues dictate whether appeal is to BRB, to
Superior Court or to Growth Management Hearings Board.
(Time Period: 10 days to appeal to BRB; typically 30 days to Superior Court or GMHB)
7. Annexation Approval Process:
a) With BRB Approval: City finalizes. City adopts annexation ordinance setting terms for adoption of
Comprehensive Plan assumption of debt. Area joins city.
(Time Period: Open usually 30 -60 days)
b) With BRB Changes: If the BRB modifies annexation, next actions are based on change for
example if BRB reduces area, change is acceptable to community, the modified annexation can be
submitted to City Council to adopt per previous direct petition method. If BRB makes other changes to
area, a new petition may be required.
(Time Period: Based on modifications
c) With BRB Denial: If BRB denies annexation, then proposed annexation cannot be resubmitted for
12 months. A new proposal including some properties within the original area (e.g., smaller area,
different area) can be submitted sooner.
8. Becoming a part of the City: When annexation is completed (e.g., ordinances /resolutions adopted),
and filed with State, the area joins City. The City will conduct a census of the annexed area. The
information will become the basis for establishing representation, service levels, revenues and costs.
(Time Period: Open generally occurs within 3 months.)
31
direct petition annexation process
Attachment G
Property Tax (per 2.95/$1000 AV
$1,000 AV) (City Levy portion
of $10.39 total $287'969
levy)
Total Potential Revenue 4 4`,�I$487,147+/year
81,828+/year
based on total AV of $97,616,700
General Fund
Enterprise Fund
33
If Tukwila
Estimate of Potential
Notes
Annexed
Revenue for Tukwila
ITax or Fee
II O
Utility Tax: Telephone
6%
Utility Tax: Gas
6%
Not able to
If Seattle City Light service, city
6%
determine since we
imposes a franchise fee, but does not
Utility Tax: Electricity
don't know usage
collect a utility tax.
Cable franchise fee
5%
Utility Tax: Solid Waste
6%
Utility Tax: Water
10%
no
Utility Tax: Sew
10%
no
represents 10% of total stormwater
10%
$9092 /year
utility fees collected ($90,920/yr).
Utility Tax: Stormwater
Surface Water Utility
Per acre charge
This amount reflects the total
Rates
based on amount
stormwater fees collected minus the
of developed
10% for stormwater utility tax. This
(impervious)
goes in the enterprise fund.
,surface. Ranges
$81,828 /year
from $123.17 to
$1029.10 per acre
(commercial use)
$163,286/year
Tukwila will receive .84% (.0084) of
9.50%
(based on 2010 taxable
total taxable sales
Sales Tax
sales of 19,438,874)
IBusiness license and
This is a based on estimate that there
are 400 employees in the area.
Revenue Generating
Accurate number of full time
Regulatory License fee
$67 /employee
employees is not known at this time
(RGRL)
$26,800
Property Tax (per 2.95/$1000 AV
$1,000 AV) (City Levy portion
of $10.39 total $287'969
levy)
Total Potential Revenue 4 4`,�I$487,147+/year
81,828+/year
based on total AV of $97,616,700
General Fund
Enterprise Fund
33
34
Attachment H
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36
Attachment 1
TUKWILA MUNICIPAL CODE
CHAPTER 18.36
MANUFACTURING /INDUSTRIAL CENTER
LIGHT (MIC /L) DISTRICT
Sections:
18.36.010
Purpose
18.36.020
Permitted Uses
18.36.030
Accessory Uses
18.36.040
Conditional Uses
18.36.050
Unclassified Uses
18.36.060
Parking Regulations
18.36.010 Purpose
This district implements the Manufacturing Industrial Cen-
ter /Light Industrial Comprehensive Plan designation. It is in-
tended to provide a major employment area containing distribu-
tive light manufacturing and industrial uses and other uses that
support those industries. This district's uses and standards are
intended to enhance the redevelopment of the Duwamish Corri-
dor.
(Ord. 1758 §1(part), 1995)
18.36.020 Permitted Uses
The following uses are permitted outright within the
Manufacturing Industrial Center /Light Industrial District, subject
to compliance with all other applicable requirements of the
Tukwila Municipal Code.
1. Adult entertainment establishments are permitted,
subject to the following location restrictions:
a. No adult entertainment establishment shall be
allowed within the following distances from the following
specified uses, areas or zones, whether such uses, areas or
zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR,
HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any
other residentially -zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with
curricula equivalent to elementary, junior or senior high schools,
or any facility owned or operated by such schools, and
(b) Care centers, preschools, nursery
schools or other child care facilities;
(3) In or within 1,000 feet of:
(a) public library;
(b) public park, trail, or public
recreational facility; or
(c) religious facility.
b. The distances specified in TMC Section
18.36.020.1.a. shall be measured by following a straight line
from the nearest point of the property parcel upon which the
proposed use is to be located to the nearest point of the parcel
of property or land use district boundary line from which the
proposed land use is to be separated.
Page 18-82
c. No adult entertainment establishment shall be
allowed to locate within 1,000 feet of an existing adult
entertainment establishment. The distance specified in this
section shall be measured by following a straight line between
the nearest points of public entry into each establishment.
2. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within
a building).
3. Bicycle repair shops.
4. Brew pubs.
5. Bus stations.
6. Commercial laundries.
7. Contractor storage yards.
8. Day care centers.
9. Heavy equipment repair and salvage.
10. Industries involved with etching, film processing,
lithography, printing, and publishing.
11. Internet data /telecommunication centers.
12. Laundries:
a. self serve;
b. dry cleaning;
c. tailor, dyeing.
13. Libraries, museums or art galleries (public).
14. Manufacturing and industrial uses that have little
potential for creating off -site noise, smoke, dust, vibration or
other external environmental impacts or pollution, including but
not limited to manufacturing, processing, assembling, packaging
and/or repairing of:
a. Electrical or mechanical equipment, vehicles
and machines including, but not limited to, heavy and light
machinery, tools, airplanes, boats or other transportation
vehicles and equipment;
b. Previously prepared metals including, but not
limited to, stamping, dyeing, shearing or punching of metal,
engraving, galvanizing and hand forging;
c. Food, including but not limited to, baked
goods, beverages (including fermenting and distilling), candy,
canned or preserved foods, dairy products and byproducts,
frozen foods, instant foods and meats (provided that no
slaughtering is permitted);
d. Pharmaceuticals and related products, such as
cosmetics and drugs;
e. Previously prepared materials including, but
not limited to, bags, brooms, brushes, canvas, clay, clothing,
fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and
wood; and
f. Electronic, mechanical or precision instruments
such as medical and dental equipment, photographic goods,
measurement and control devices, and recording equipment;
15. Offices including, but not limited to, software
development and similar uses, financial services, schools for
professional and vocational education if associated with an
Produced by the City of Tukwila, City Clerk's Office
37
TITLE 18 ZONING
established aviation, manufacturing or industrial use, less than
20,000 square feet. This category does not include outpatient
medical and dental clinics.
16. Parks, trails, picnic areas and playgrounds (public)
but not including amusement parks, golf courses, or commercial
recreation.
17. Railroad tracks, (including lead, spur, loading or
storage).
18. Rental of vehicles not requiring a commercial
driver's license (including automobiles, sport utility vehicles,
mini -vans, recreational vehicles, cargo vans and certain trucks).
19. Rental of commercial trucks and fleet rentals
requiring a commercial driver's license.
20. Restaurants, including:
a. drive through;
b. sit down;
c. cocktail lounges in conjunction with a
restaurant.
21. Sales and rental of heavy machinery and
equipment subject to landscaping requirements of the
Landscape, Recreation, Recycling /Solid Waste Space
Requirements chapter of this title.
22. Salvage and wrecking operations that are entirely
enclosed within a building.
23. Self- storage facilities.
24. Storage (outdoor) of materials is permitted up to a
height of 20 feet with a front yard setback of 25 feet, and to a
height of 50 feet with a front yard setback of 100 feet; security
required.
25. Storage (outdoor) of materials allowed to be
manufactured or handled within facilities conforming to uses
under this chapter, and screened pursuant to the Landscape,
Recreation, Recycling /Solid Waste Space Requirements
chapter of this title.
26. Taverns.
27. Telephone exchanges.
28. Tow truck operations, subject to all additional
State and local regulations.
29. Truck terminals.
30. Warehouse storage and /or wholesale distribution
facilities.
31. Other uses not specifically listed in this title, which
the Director determines to be:
a. similar in nature to and compatible with other
uses permitted outright within this district; and
b. consistent with the stated purpose of this
district; and
c. consistent with the policies of the Tukwila
Comprehensive Plan.
(Ord 2335§2, 2011, Ord. 2287§27,2010,
Ord. 2251 §50, 2009 Ord 2235 §6 (part), 2009,
Ord. 2021 §8, 2003 Ord 1986 §13, 2001;
Ord 1974 §9, 2001; Ord. 1954 §2, 2001,
Ord. 1814 §2, 1997 Ord 1774 §3, 1996,
Ord 1758 §1 (part), 1995)
18.36.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted
use, and clearly incidental to such permitted use, are allowed
within the Manufacturing Industrial Center /Light Industrial
District, as follows:
1. Parking areas.
2. Recreational area and facilities for employees.
3. Residences for security or maintenance person-
nel.
4. Other uses not specifically listed in this title, which
the Director determines to be:
a. uses customarily accessory to other uses
permitted outright within this district; and
b. consistent with the stated purpose of this dis-
trict; and
c. consistent with the policies of the Tukwila
Comprehensive Plan.
(Ord. 2335 §3, 2011; Ord 2251 §512009,
Ord 1976 §56, 2001 Ord 1758 §1(part), 1995)
18.36.040 Conditional Uses
The following uses may be allowed within the
Manufacturing Industrial Center /Light Industrial District, subject
to the requirements, procedures, and conditions established by
the Conditional Use Permits chapter of this title.
1. Colleges and universities with primarily vocational
curriculum if associated with an established aviation,
manufacturing or industrial use.
2. Electrical substations distribution.
3. Fire and police stations.
4. Hotels.
5. Manufacturing and industrial uses that have
moderate to substantial potential for creating off -site noise,
smoke, dust, vibration or other external environmental impacts,
including, but not limited to:
a. Heavy metal processes such as smelting, blast
furnaces, drop forging, or drop hammering;
b. Manufacturing, processing, assembly of:
(1) Chemicals, light metals, plastics,
solvents, soaps, wood, coal, glass, enamels, textiles, fabrics,
plaster, agricultural products or animal products (no rendering
or slaughtering); and
(2) Previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc
melting, argon oxygen refining, and consumable electrode
melting; and similar heavy industrial uses.
6. Motels.
7. Offices including, but not limited to, software
development and similar uses, financial services, schools for
professional and vocational education if associated with an
established aviation, manufacturing or industrial use, 20,000
square feet and over.
8. Park and -ride lots.
Produced by the City of Tukwila, City Clerk's Office Page 18 -83
38
TUKWILA MUNICIPAL CODE
Radio, television, microwave, or observation
stations and towers.
10. Recreation facilities (public) including, but not
limited to, sports fields, community centers, and golf courses.
11. Retail sales of health and beauty aids, prescription
drugs, food, hardware, notions, crafts and craft supplies,
housewares, consumer electronics, photo equipment, and film
processing, books, magazines, stationery, clothing, shoes,
flowers, plants, pets, jewelry, gifts, recreation equipment and
sporting goods, and similar items; retail services such as beauty
and barber shops, outpatient and emergency medical /dental
services, and recreation /health clubs. Retail sales and services
are limited to uses of a type and size that clearly intend to serve
other permitted uses and /or the employees of those uses.
12. Rock crushing, asphalt or concrete batching or
mixing, stone cutting, brick manufacture, marble work, and the
assembly of products from the above materials.
(Ord. 2335 §4, 2011, Ord. 2135 §16 2006;
Ord 1954 §3, 2001, Ord. 1865 §42, 1999,•
Ord. 1758 §1(part), 1995)
18.36.050 Unclassified Uses
The following uses may be allowed within the Manufactur-
ing Industrial Center /Light Industrial District, subject to the re-
quirements, procedures and conditions established by TMC
Chapter 18.66, Unclassified Use Permits.
1. Airports, landing fields and heliports (except emer-
gency sites).
2. Cement manufacturing.
3. Essential public facilities, except those uses listed
separately in any of the districts established by this title.
4. Hydroelectric and private utility power generating
plants.
5. Landfills and excavations which the responsible
official, acting pursuant to the State Environmental Policy Act,
determines are significant environmental actions.
6. Railroad freight or classification yards.
7. Removal and processing of sand, gravel, rock,
peat, black soil, and other natural deposits together with associ-
ated structures.
8. Transfer stations (refuse and garbage) when oper-
ated by a public agency.
9. Mass transit facilities.
(Ord. 2335 §4 2011; Ord. 1991 §8, 2002,
Ord. 1865 §43, 1999; Ord 1758 1(part), 1995)
18.36.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling,
or hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a permit-
ted use. On -site hazardous waste treatment and storage facili-
ties shall be subject to the State siting criteria (RCW 70.105).
(See TMC Chapter 21.08.)
(Ord. 1758 1 (part), 1995)
18.36.070 Design Review
Administrative design review is required for all new office
development and other new developments within 300 feet of
residential districts or within 200 feet of the Green /Duwamish
River.
(Ord. 2335 §5, 2011; Ord 2005 §13, 2002,•
Ord. 1758 1(part), 1995)
18.36.080 Basic Development Standards
Development within the Manufacturing Industrial
Center /Light Industrial District shall conform to the following
listed and referenced standards:
MIC /L BASIC DEVELOPMENT STANDARDS
I Setbacks to yards, minimum:
I Front I 20 feet
I Second front I 10 feet I
Second front, if any portion of 15 feet
the yard is within 50 feet of
LDR, MDR, HDR
I Sides I None I
I Sides, ifany portion of the yard is within 50 feel of LDR, MDR, HDR
I 1st floor I 15 feet I
2nd floor 20 feet
3rd floor 30 feet
Rear None 1
I Rear, if an y portion of the yard is within 50 feet of LDR, MDR, HDR I
I 1st floor I 15 feet I
2nd floor 20 feet 1
3rd floor 30 feet
I Height, maximum 4 stories or 45 feet
Landscape requirements (minimum):
See Landscape, Recreation, Recycling Solid Waste Space requirements
chapter for further requirements
Fronts 5 feet
Fronts, if any portion of the yard 15 feet
is within 50 feet of LDR, MDR,
HDR
Sides I None
Sides if any portion of the yard 15 feet
is within 50 feet of LDR, MDR,
HDR
I Rear I None I
Rear, if any portion of the yard 15 feet
is within 50 feet of LDR, MDR,
HDR
Off Street Parking I
Warehousing 1 per 2,000 sq. ft.
usable floor area min.
Ofice 3 per 1,000 sq. ft.
usable floor area min.
Manufacturing 1 per 1,000 sq. ft.
usable floor area min.
Other Uses See TMC Chapter 18.56,
Off- street Parking Loading
Regulations
Performance Standards: Use, activity and operations within a structure or a
site shall comply with (1) standards adopted by the Puget Sound Air Pollution
Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC
Chapter 8.22, "Noise and, (3) adopted State and Federal standards for water
quality and hazardous materials. In addition, all development subject to the
requirements of the State Environmental Policy Act, RCW 43.21C, shall be
evaluated to determine whether adverse environmental impacts have been
adequately mitigated.
(Ord 1872§71, 1999,• Ord 1758§ 1(part), 1995)
Page 18-84
Produced by the City of Tukwila, City Clerk's Office
39
TITLE 18 ZONING
.s
CHAPTER 18.38
MANUFACTURING /INDUSTRIAL CENTER
HEAVY (MIC /H) DISTRICT
Sections:
18.38.010
Purpose
18.38.020
Permitted Uses
18.38.030
Accessory Uses
18.38.040
Conditional Uses
18.38.050
Unclassified Uses
18.38.060
On -Site Hazardous Substances
18.38.070
Design Review
18.38.080
Basic Development Standards
18.38.010 Purpose
This district implements the Manufacturing Industrial
Center /Heavy Industrial Comprehensive Plan designation. It is
intended to provide a major employment area containing heavy
or bulk manufacturing and industrial uses, distributive and light
manufacturing and industrial uses, and other uses that support
those industries. This district's uses and standards are
intended to enhance the redevelopment of the Duwamish
Corridor.
(Ord 1758§1 (part), 1995)
18.38.020 Permitted Uses
The following uses are permitted outright within the
Manufacturing Industrial Center /Heavy Industrial District,
subject to compliance with all other applicable requirements of
the Tukwila Municipal Code.
1. Adult entertainment establishments are permitted,
subject to the following location restrictions:
a. No adult entertainment establishment shall be
allowed within the following distances from the following
specified uses, areas or zones, whether such uses, areas or
zones are located within or outside the City limits:
(1) In or within 1,000 feet of any LDR, MDR,
HDR, MUO, 0, NCC, RC, RCM or TUC zone districts or any
other residentially zoned property;
(2) In or within 1/2 mile of:
(a) Public or private school with
curricula equivalent to elementary, junior or senior high schools,
or any facility owned or operated by such schools, and
(b) Care centers, preschools, nursery
schools or other child care facilities;
(3) In or within 1,000 feet of:
(a) public library;
(b) public park, trail, or public
recreational facility; or
(c) religious facility.
b. The distances specified in TMC Section
18.38.020.1.x. shall be measured by following a straight line
from the nearest point of the property parcel upon which the
proposed use is to be located to the nearest point of the parcel
Produced by the City of Tukwila, City Clerk's Office
of property or land use district boundary line from which the
proposed land use is to be separated.
c. No adult entertainment establishment shall be
allowed to locate within 1,000 feet of an existing adult
entertainment establishment. The distance specified in this
section shall be measured by following a straight line between
the nearest points of public entry into each establishment.
2. Automotive services:
a. gas, outside pumps allowed;
b. washing;
c. body and engine repair shops (enclosed within
a building).
3. Bicycle repair shops.
4. Brew pubs.
5. Bus stations.
6. Computer software development and similar uses.
7. Contractor storage yards.
8. Day care centers.
9. Heavy equipment repair and salvage.
10. Industries involved with etching, film processing,
lithography, printing, and publishing.
11. Internet data/telecommunication centers.
12 Laundries:
a. self serve;
b. dry cleaning;
c. tailor, dyeing.
13. Libraries, museums or art galleries (public).
14. Manufacturing and industrial uses that have
moderate to substantial potential for creating off -site noise,
smoke, dust, vibration or other external environmental impacts,
including, but not limited to:
a. Heavy metal processes such as smelting, blast
furnaces, drop forging or drop hammering;
b. Manufacturing, processing, assembly,
packaging and repair of:
(1) Chemicals, light metals, plastics,
solvents, soaps, wood, coal, glass, enamels, textiles, fabrics,
plaster, agricultural products or animal products (no rendering
or slaughtering); and
(2) Previously manufactured metals, such
as iron and steel fabrication; steel production by electric arc
melting, argon oxygen refining, and consumable electrode
melting; and similar heavy industrial uses.
15. Manufacturing and industrial uses that have little
potential for creating off -site noise, smoke, dust, vibration or
other external environmental impacts or pollution, including but
not limited to, manufacturing, processing, assembling,
packaging and /or repairing of:
a. Previously prepared metals including, but not
limited to, stamping, dyeing, shearing or punching of metal,
engraving, galvanizing and hand forging.
Page 18 -85
TUKWILA MUNICIPAL CODE
b. Electrical or mechanical equipment, vehicles
and machines including, but not limited to, heavy and light
machinery, tools, airplanes, boats or other transportation
vehicles and equipment.
c. Food, including but not limited to, baked
goods, beverages (including fermenting and distilling), candy,
canned or preserved foods, dairy products and byproducts,
frozen foods, instant foods and meats (provided that no
slaughtering is permitted).
d. Pharmaceuticals and related products, such as
cosmetics and drugs.
e. Previously prepared materials including, but
not limited to, bags, brooms, brushes, canvas, clay, clothing,
fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and
wood.
f. Electronic, mechanical or precision instruments
such as medical and dental equipment, photographic goods,
measurement and control devices, and recording equipment.
16. Offices; must be associated with another
permitted uses (e.g., administrative offices for a manufacturing
company present within the MIC).
17. Parks, trails, picnic areas and playgrounds (public)
but not including amusement parks, golf courses, or commercial
recreation.
18. Railroad tracks (including lead, spur, loading or
storage).
19. Recreation facilities (commercial indoor), athletic
or health clubs.
20. Rental of vehicles not requiring a commercial
driver's license (including automobiles, sport utility vehicles,
mini -vans, recreational vehicles, cargo vans and certain trucks).
21. Rental of commercial trucks and fleet rentals
requiring a commercial driver's license.
22. Restaurants, including:
a. drive through;
b. sit down;
c. cocktail lounges in conjunction with a
restaurant.
23. Rock crushing, asphalt or concrete batching or
mixing, stone cutting, brick manufacture, marble work, and the
assembly of products from the above materials.
24. Sales and rental of heavy machinery and
equipment subject to landscaping requirements of the
Landscape, Recreation, Recycling /Solid Waste Space
Requirements chapter of this title.
25. Salvage and wrecking operations.
26. Schools for professional and vocational education
if associated with an established aviation, manufacturing or
industrial use.
27. Self- storage facilities.
28. Storage (outdoor) of materials is permitted up to a
height of 20 feet with a front yard setback of 25 feet, and to a
height of 50 feet with a front yard setback of 100 feet; security
required.
Page 18-86
29. Storage (outdoor) of materials allowed to be
manufactured or handled within facilities conforming to uses
under this chapter, and screened pursuant to the Landscape,
Recreation, Recycling /Solid Waste Space Requirements
chapter of this title.
30. Taverns.
31. Telephone exchanges.
32. Tow truck operations, subject to all additional
State and local regulations.
33. Truck terminals.
34. Warehouse storage and /or wholesale distribution
facilities.
35. Other uses not specifically listed in this title,
pursuant to TMC Section 18.104.010(2), which the Director
determines to be:
a. similar in nature to and compatible with other
uses permitted outright within this district; and
b. consistent with the stated purpose of this
district; and
c. consistent with the policies of the Tukwila
Comprehensive Plan.
(Ord. 2335 §6, 2011, Ord. 2287 §28, 2010,• Ord. 2251 §52, 2009,
Ord. 2235 §7, 2009, Ord. 2021 §9, 2003; Ord. 1986 §14,2001,
Ord, 1974 §10 2001; Ord. 1971 §16, 2001;
Ord. 1814 §2, 1997, Ord. 1774 §4, 1996;
Ord 1758 §1(part), 1995)
18.38.030 Accessory Uses
Uses and structures customarily appurtenant to a permitted
use, and clearly incidental to such permitted use, are allowed
within the Manufacturing Industrial Center /Heavy Industrial
District, as follows:
1. Parking areas.
2. Recreational area and facilities for employees.
3. Residences for security or maintenance
personnel.
4. Other uses not specifically listed in this title, which
the Director determines to be:
a. uses that are customarily accessory to other
uses permitted outright within this district; and
b. consistent with the stated purpose of this
district; and
c. consistent with the policies of the Tukwila
Comprehensive Plan.
(Ord. 2335 §7, 2011, Ord. 2251 §53, 2009,
Ord 1976 §57, 2001, Ord. 1758 §1(part), 1995)
18.38.040 Conditional Uses
The following uses may be allowed within the
Manufacturing Industrial Center /Heavy Industrial District,
subject to the requirements, procedures, and conditions
established by the Conditional Use Permits chapter of this title.
1. Colleges and universities with primarily vocational
curriculum if associated with an established aviation,
manufacturing or industrial use.
Produced by the City of Tukwila, City Clerk's Office
TITLE 18 ZONING
2. Electrical substations distribution.
3. Fire and police stations.
4. Hazardous waste treatment and storage facilities
(off -site) subject to compliance with State siting criteria (RCW
70.105; see TMC Chapter 21.08).
5. Hotels
6. Motels
7. Offices not associated with other permitted uses
and excluding medical /dental clinics, subject to the following
location and size restrictions:
a. New Office Developments:
(1) New office developments shall not
exceed 100,000 square feet of gross floor area per lot that was
legally established prior to 09/20/2003.
(2) No new offices shall be allowed on lots
that abut the Duwamish River and are north of the turning basin.
The parcels that are ineligible for stand -alone office uses are
shown in Figure 18 -12.
b. An existing office development established
prior to 12/11/1995 (the effective date of the Comprehensive
Plan) that exceeds the maximum size limitations may be
recognized as a conforming Conditional Use under the
provisions of this code. An existing office development
established prior to 12/11/1995 (the effective date of the
Comprehensive Plan) may convert to a stand -alone office use
subject to the provisions of this code.
8. Park and -ride lots.
9. Radio, television, microwave, or observation
stations and towers.
10. Recreation facilities (public) including, but not
limited to, sports fields, community centers, and golf courses.
11. Retail sales of health and beauty aids, prescription
drugs, food, hardware, notions, crafts and craft supplies,
housewares, consumer electronics, photo equipment, and film
processing, books, magazines, stationery, clothing, shoes,
flowers, plants, pets, jewelry, gifts, recreation equipment and
sporting goods, and similar items; retail services such as beauty
and barber shops, financial services, outpatient and emergency
medical /dental services, and recreation /health clubs. Retail
sales and services are limited to uses of a type and size that
clearly intend to serve other permitted uses and /or the
employees of those uses.
(Ord 2335§8,2011,- Ord 2287§29,2010, Ord. 2135§17,2006,
Ord. 2028 §2, 2003,• Ord 1865 §44, 1999,
Ord 1758 1 (part), 1995)
18.38.050 Unclassified Uses
The following uses may be allowed within the Manu-
facturing Industrial Center /Heavy Industrial District, subject to
the requirements, procedures and conditions established by
TMC Chapter 18.66, Unclassified Use Permits.
1. Airports, landing fields and heliports (except
emergency sites).
2. Cement manufacturing.
3. Correctional institution.
4. Electrical substation transmission/ switching.
5. Essential public facilities, except those uses listed
separately in any of the districts established by this title.
6. Hydroelectric and private utility power generating
plants.
7. Landfills and excavations which the responsible
official, acting pursuant to the State Environmental Policy Act,
determines are significant environmental actions.
8. Manufacturing, refining, or storing highly volatile
noxious or explosive products (less than tank car lots) such as
acids, petroleum products, oil or gas, matches, fertilizer or
insecticides; except for accessory storage of such materials.
9. Mass transit facilities.
10. Railroad freight or classification yards.
11. Removal and processing of sand, gravel, rock,
peat, black soil, and other natural deposits together with
associated structures.
12. Secure community transition facility, subject to the
following location restrictions:
a. No secure community transition facility shall be
allowed within the specified distances from the following uses,
areas or zones, whether such uses, areas or zones are located
within or outside the City limits:
(1) In or within 1,000 feet of any residential
zone.
(2) Adjacent to, immediately across a street
or parking lot from, or within the line of sight of a "risk potential
activity /facility" as defined in RCW 71.09.020 as amended, that
include:
(a) Public and private schools;
(b) School bus stops;
(c) Licensed day care and licensed
preschool facilities;
(d) Public parks, publicly dedicated
trails, and sports fields;
(e) Recreational and community
centers;
(f) Churches, synagogues, temples and
mosques; and
(g) Public libraries.
(3) One mile from any existing secure
community transitional facility or correctional institution.
b. No secure community transition facility shall be
allowed on any isolated parcel which is otherwise considered
eligible by applying the criteria listed under TMC 18.38.050
12.a, but is completely surrounded by parcels ineligible for the
location of such facilities.
Produced by the City of Tukwila, City Clerk's Office Page 18 -87
42
TUKWILA MUNICIPAL CODE
c. The distances specified in TMC 18.38.050
12.a shall be measured as specified under Department of Social
and Health Services guidelines established pursuant to RCW
71.09.285, which is by following a straight line from the nearest
point of the property parcel upon which the secure community
transitional facility is to be located, to the nearest point of the
parcel of property or land use district boundary line from which
the proposed land use is to be separated.
d. The parcels eligible for the location of secure
community transition facilities by applying the siting criteria
listed above and information available as of August 19, 2002,
are shown in Figure 18 -11, "Eligible Parcels for Location of
Secure Community Transition Facilities." Any changes in the
development pattern and the location of risk sites /facilities over
time shall be taken into consideration to determine if the
proposed site meets the siting criteria at the time of the permit
application.
13. Transfer stations (refuse and garbage) when
operated by a public agency.
(Ord 1991 §9, 2002, Ord 1976 §58, 2001;
Ord. 1865 §45, 1999; Ord 1758 §1(part), 1995)
18.38.060 On -Site Hazardous Substances
No on -site hazardous substance processing and handling,
or hazardous waste treatment and storage facilities shall be
permitted, unless clearly incidental and secondary to a
permitted use. On -site hazardous waste treatment and storage
facilities shall be subject to the State siting criteria (RCW
70.105). (See TMC Chapter 21.08.)
(Ord. 1758 §1(part), 1995)
18.38.070 Design Review
Administrative design review is required for ail new office
development and other developments within 300 feet of
residential districts or within 200 feet of the Green /Duwamish
River.
(Ord 2335 §9, 2011; Ord 2005 §14, 2002,
Ord 1758 1 (part), 1995)
18.38.080 Basic Development Standards
Development within the Manufacturing Industrial
Center /Heavy Industrial District shall conform to the following
listed and referenced standards:
Page 18-88
MIC /H BASIC DEVELOPMENT STANDARDS
Setbacks to yards, minimum
Front
20 feet I
Second front
10 feet
Second front, if any portion of the
15 feet
yard is within 50 feet of LDR,
MDR, HDR
Sides
None
Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDk
1st Boor
15 feet
2nd Boor
20 feet
3rd Boor I
30 feet
Rear I
None
Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDk
1st floor I
15 feet
2nd Boor I
20 feet
Ad floor I
30 feet
Height, maximum I 125 feet
Landscape requirements (minimum):
See Landscape, Recreation, Recyciing /Solid Waste Space requirements
chapter for further requirements
Fronts 1
5 feet
Fronts, if any portion of the yard
is within 50 feet of L DR, MDR,
HDR
Sides I
Sides, if any portion of the yard is
within 50 feet of LDR, MDR, HDR
Rear
Rear, if any portion of the yard is
within 50 feet of L DR, MDR, HDR
Off Street Parking
Warehousing
Ofices
Manufacturing
Other Uses
(Ord 1872
15 feet
None 1
15 feet
None 1
15 feet
1
1 per 2,000 sq. ft,
usable floor area min.
2.5 per 1,000 sq. ft.
usable floor area min.
1 per 1,000 sq. ft.
usable floor area min.
See TMC Chapter 18.56, Off- street
Parking Loading Regulations
1 2, 1999, Ord 1758 1 (part), 1995)
Produced by the City of Tukwila, City Clerk's Office
43
x
Shoreline Regulations in the Upper Duwamish /MIC -H Zoned Area
There are two shoreline environments that apply to the North Potential Annexation Area:
1) The Aquatic Environment consists of the land area waterward of the Ordinary High Water
Mark, the water surface together with the underlying lands and water column.
2) The area landward 200 feet of the Ordinary High Water Mark is designated "High Intensity
The High Intensity shoreline environment is applied to the navigable portion of the river within
Tukwila's City limits and in the North Potential Annexation Area.
Water oriented uses (uses that are water dependent, water related or water enjoyment or a
combination of such uses) are encouraged in both the High Intensity and Aquatic environment area.
The first 100 feet of the 200 foot shoreline jurisdiction is called the "buffer area" and uses in that area
are typically limited to non structural, low- impact uses and water dependent uses. Existing uses and
structures in the buffer area that were legally established prior to the approval of the City's new
Shoreline Master Program are considered legal nonconforming and may be continued, however
generally they cannot be expanded. Generally, only industrial uses that are water dependent are
permitted in the shoreline environment buffer area. A water dependent use is one that cannot exist in a
location that is not adjacent to the water.
The attached Matrix is a general list of uses that are permitted in the Aquatic and High Intensity
Environments. There are additional uses listed in the Shoreline Master Program (TMC 18.44.060 and
TMC 18.44.065) that are permitted in both of these shoreline environments.
45
SHORELINE USE MATRIX*
P
P May be allowed subject to development standards
P
High
Aquatic
and permitting requirements set forth in this SMP.
P
Intensity
Environment
C May be allowed as a Shoreline Conditional Use.
General I
P (3)
X The use or activity is prohibited in shoreline
P (3)
Animal rendering
X
jurisdiction environment.
Buffer
(1) Non -Buffer
X
AGRICULTURE
I
I
Farming and farm related activities
X
X
X
COMMERCIAL (2)
X
off -site) (6)
General
X
P (6)
P(3)
Automotive services, gas (outside pumps allowed),
stone cutting, brick manufacture, marble works, and the
X
washing, body and engine repair shops (enclosed within
X
C (6)
X
a building)
Salvage and wrecking operations I
X
Contractors storage yards
X
C (6)
X
Water- oriented uses
P
P
P
CIVIC /INSTITUTIONAL
Truck terminals
X
General
X
P
X
ESSENTIAL PUBLIC FACILITY
C
C
P (3)
(Water Dependent)
General I
X
ESSENTIAL PUBLIC FACILITY
C
C
C
(Non -water Dependent) (7)
C
PARKING ACCESSORY I
I FLOOD HAZARD MANAGEMENT
Flood hazard reduction
P
P
P
Shoreline stabilization
P
P
P
INDUSTRIAL (5)
General I
P (3)
I P (6) I
P (3)
Animal rendering
X
I X I
X
Cement manufacturing
X
I C (6)
X
Hazardous substance processing and handling
hazardous waste treatment and storage facilities (on or
X
X
X
off -site) (6)
Rock crushing, asphalt or concrete batching or mixing,
stone cutting, brick manufacture, marble works, and the
X
C (6)
X
assembly of products from the above materials
Salvage and wrecking operations I
X
I C (6)
X
Tow -truck operations, subject to all additional State and
X
P (6)
X
local regulations
Truck terminals
X
P (6)
X
Water oriented uses I
P
P
P
MINING I
I
General I
X
X
X
Dredging I
X
I X I
C
PARKING ACCESSORY I
I
Parking areas limited to the minimum necessary to
X
P
X
support permitted or conditional uses
RECREATION
M
P May be allowed subject to development standards
High
Aquatic
and permitting requirements set forth in this SMP.
Intensity
Environment
C May be allowed as a Shoreline Conditional Use.
X The use or activity is prohibited in shoreline
jurisdiction environment.
Buffer (1)
Non Buffer
Recreation facilities (commercial indoor)
X
P (9)
X
Recreation facilities (commercial outdoor)
X
I X
X
Recreation facilities, including boat launching (public)
I P (1)
I P
P (3)
RESIDENTIAL SINGLE FAMILY /MULTI- FAMILY
Dwelling
X
X
X
Houseboats
X
X
X
Live aboards
X
I P
P
TRANSPORTATION
I
General
I C
C
C (3)
Park ride lots
X
C (7)
X
UTILITIES
I
General (7)
1 C
I P
C
Hydroelectric and private utility power generating plants
X
I X
X
*This matrix is a summary. Individual notes modify standards in this matrix. Detailed use
standards are found in the text of this chapter. Permitted or conditional uses listed herein may
also require a shoreline substantial development permit and other permits.
(1) Additional permitted uses found at TMC 18.44.060 are allowed in the buffer.
(2) Commercial uses mean those uses that are involved in wholesale, retail, service and
business trade. Examples include office, restaurants, brew pubs, medical, dental and
veterinary clinics, hotels, retail sales, hotel /motels, and warehousing.
(3) Permitted only if water dependent.
(4) Subject to compliance with state siting criteria RCW Chapter 70.105 (See also
Environmental Regulations, TMC 18.44.090).
(5) Industrial uses mean those uses that are facilities for manufacturing, processing,
assembling and /or storing of finished or semi finished goods with supportive office and
commercial uses. Examples include manufacturing, processing and /or assembling such
items as electrical or mechanical equipment, previously manufactured metals, chemicals,
light metals, plastics, solvents, soaps, wood, machines, food, pharmaceuticals, previously
prepared materials; warehousing and wholesale distribution; sales and rental of heavy
machinery and equipment; and internet data centers.
(6) Non water oriented uses may be allowed as a permitted use where the City determines
that water dependent or water enjoyment use of the shoreline is not feasible due to the
configuration of the shoreline and water body.
(7) Allowed in shoreline jurisdiction when it is demonstrated that there is no feasible alternative
to locating the use within shoreline jurisdiction.
(8) Additional development may be allowed consistent with TMC 18.44.130 E. 2. f. A shoreline
conditional use permit is required for water oriented accessory structures that exceed the
height limits of the Shoreline Residential Environment.
(9) Limited to athletic or health clubs.
47
Attachment J
S Director St
L
N
7.
CD
I::::.:........::::...'.' ..`S
7t91 St
r
MiC /L Manufacturing Industrial Center /Light Industrial
l
MIC /H Manufacturing Industrial Center /Heavy Industrial
Potential Annexation Area Parcels
4$ Potential Annexation Area
S 103rd St
COUNCIL AGENDA SYNOPSIS
r1(;I?NDA I'r1 T]'I'],r
Initials
Meeting Date I Prepared by /Mayors review
06/25/12 MV
07/02/12 MV
ITEM INFORMATION
STAFF SPONSOR: MIKE VILLA
Alive and Free Program
CQarcil review
UC.J
ITEM NO.
ORIGINA],AGF,NDA DA'TFI: 6/25/12
CxI'I ;G()In ®Di,rcat.:iozz ®Motion E] Resolution Ordinance ❑BidAzvard .Pubiic .I bearing Other
lltq Date 06125112 tVIIg Date 07/2/12 Mtg Date Altg Date Alt
g Date Mtg Date Mtg Date
SPONSOR Council Mgyor HR DCD .Finance Fire IT P&'R Police
SPONSOR'S The Police Department and City Administration would like to sign a Memorandum of
SU�1M,\Ry Understanding with Valley Cities to plan, fund, and implement the Alive and Free Program.
The MOU authorizes a lead city to sign an agreement on our behalf with the YMCA Alive
and Free Program. Alive and Free recruits, hires, and trains street outreach workers who
engage gang involved youth with the ultimate goal of reducing violence for the youth and
within our region.
COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE 6/19/12 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR /ADnaIN. Police Department
CO� ",T'T' Unanimous Approval; Forward to Committee of the Whole
EXI'I?NDITLJRF RI?OUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$30,000 $0 $30,000
Fund Source: SEIZURE ACCOUNT
Conn7ents: $30,000 from seizure account in 2012
MTG. DATE I RECORD OF COUNCIL ACTION
06/25/12
I MTG. DATE I ATTACHMENTS
6/25/12 Informational Memorandum dated 05/11/12
Memorandum of Understanding of a Joint Funding Program
City of Auburn Agreement for Services
Minutes from the Finance and Safety Committee meeting of 06/19/12
7/2/12
Im
50
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Mike Villa, Chief of Police
DATE: May 11, 2012
SUBJECT: Alive and Free Program
ISSUE
The Police Department and City Administration is seeking Council approval to sign a
memorandum of understanding with the Valley Cities for implementation of the joint
funding program, Alive and Free.
Tukwila's portion of this program totals $60,000, with half of it funded from A Better
Seattle, and the other half funded from the City's Drug Forfeiture Accounts in 2012.
BACKGROUND
In 2011 Tukwila Police staff, along with other valley police agencies, came together to
explore a gang violence prevention program. A Better Seattle (A community relations
program led by the Seattle Seahawks) and the YMCA of Greater Seattle Alive Free
have partnered with us. The proposed program hires and trains "Street Outreach
Workers" to address youth gangs in south King County. The program is currently active
in Seattle and used effectively in Los Angeles, Baltimore, Chicago, and Washington DC,
among other cities.
DISCUSSION
Street outreach workers are members of the community they serve, have knowledge of
street and gang culture, are vetted and trained, mediate and diffuse violence, prevent
retaliation and intervene in conflicts to prevent escalation of violence. The street
workers will also engage gang involved youth with service providers who can deliver
case management, employment, education, counseling, and mentoring assistance.
The partnership program requires the following in order to implement:
1. Partners signing an MOU agreement
2. Cities funding the program at 50%
3. A Better Seattle funding match of 50%
4. Alive and Free recruiting, hiring, and training street outreach workers
51
INFORMATIONAL MEMO
Page 2
The purpose of the attached proposed MOU is to establish a cooperative arrangement
between the Valley Cities Mayors Coalition that authorizes a lead city (Auburn) to
contract on our behalf with the YMCA of Greater Seattle Alive and Free.
Should Tukwila choose to participate in this program, we would have the benefit of a
direct resource to address gang violence.
FINANCIAL IMPACT
Funding of each outreach worker is estimated at $60,000. A Better Seattle and the
Valley Cities would share this cost equally. The objective of the Valley cities is to fund at
minimum four full time positions. The City of Tukwila's annual contribution to fund the
program is $30,000.
There are no funds allocated in the police department or city budget for this initiative in
2012. Given the nexus between gangs and illegal narcotic manufacturing and
distribution we will fund the first year from the drug asset forfeiture account.
Funding for 2013 and 2014 will be determined during the city budget planning process.
RECOMMENDATION
The Finance and Safety Committee is being asked to forward this item for consideration
at the June 25, 2012 Committee of the Whole meeting and subsequent July 2, 2012
Regular Meeting.
ATTACHMENTS
Memorandum of Understanding of a Joint Funding Program
City of Auburn Agreement of Services
WA2012 Info Memos- CouncihAliveFree.doc
52
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITIES OF AUBURN, KENT, RENTON,
TUKWILA, ALGONA, PACIFIC, FIFE, PUYALLUP
AND SUMNER FOR PLANNING, FUNDING, AND
IMPLEMENTATION OF A JOINT FUNDING
PROGRAM.
THIS MEMORANDUM OF UNDERSTANDING "MOU is entered into pursuant
to Chapter 39.34 RCW by the Cities of Auburn, Kent, Renton, Tukwila, Algona, Pacific,
Fife, Puyallup and Sumner, Washington hereinafter referred to as "Cities to provide for
planning, funding, and implementation of a joint funding program.
WHEREAS, the Cities engage in activities which support service providers in King
County; and
WHEREAS, the parties wish to make the most efficient use of their resources by
cooperating to provide funding to support service providers in south King County; and
WHEREAS, through the Interlocal Cooperation Act, the parties have the authority to
engage in cooperative efforts which result in more efficient use of Government resources.
NOW THEREFORE, and in consideration of the terms, conditions and performances
made herein, it is agreed as follows:
1. Purpose of MOU: The purpose of the MOU is to formalize a cooperative arrangement
between the Cities and a coalition of the mayors of the Cities colloquially known as the
"Valley Cities Association" for the purpose of addressing shared community issues,
including, but not limited to gang prevention and intervention.
2. Joint Participation.
a) Lead Citv. One of the party Cities will serve as Lead City and will be
designated by the Cities for contracting, with the Lead City determined as
shown in Exhibit A, a copy of which is attached hereto and incorporated
herein by this reference, to act as the fiscal and administrative agent for the
Cities. The responsibilities of the Lead City are described in Section 4.
b) Participating Citv. A Participating City is a city participating in the
cooperative funding, who is not the Lead City. Participating Cities are
identified in Exhibit A. A Participating City shall review quarterly reports
from the contracted agencies to provide services related to the shared
community issues, such as gang prevention and intervention. If a Participating
City becomes concerned with the Agency's services, it will promptly notify
the Lead City. If a Participating City determines that the Agency is not
performing satisfactorily for their city, the Participating City reserves the right
to request the Lead City to withhold payments to the Agency for their share of
53
Joint Funding MOU
Page 2 of 7
funding. In the event that a claim or lawsuit is initiated by the Agency against
any City for withholding payment, the City requesting the withholding of
payment shall be responsible for settling or defending the claim or lawsuit. In
addition, in the event of any settlement of or judgment on the claim or lawsuit,
the City requesting that payment be withheld shall be fully responsible for the
payment of such settlement of judgment and shall indemnify, defend, and hold
harmless the other Cities for such settlement or lawsuit.
3. FundinL- Arrangement.
a) Allocation. Each Participating City shall provide to the Lead City no later
than March 31 st of each year, the total annual funding allocation approved for
the Agency, as described in Exhibit A. No administrative costs shall be
imposed by the Lead City to the participating Cities. Exhibit A will be
updated each year to show the contracted Agency(ies), Lead City,
participating Cities, and funding amounts for that calendar year.
b) Return of Unspent Funds. Any monies that the Agency(ies) does not spend
during the calendar year shall be proportionately returned to each Participating
City. On or before March 31" of the next calendar year the Lead City will
provide the unspent funds to each participating City.
4. Responsibilities of Lead Citv. A Lead City has been designated to act as the fiscal and
administrative agent on behalf of the Cities for the Agency, as shown in Exhibit A. The
responsibilities of the Lead City shall include the following:
a) Send an invoice to each Participating City by January 30 of each year for
their annual approved allocation to the Agency.
b) Contract with the Agency each year, for the total funding allocated by the
Participating Cities, detailing performance measures to be performed by the
Agency for each City.
c) Receive, review, and process the quarterly invoices and reports from the
Agency. Quarterly reports shall describe services provided specifically to
each City. Disputes regarding billings will be resolved among the
Participating Cities.
d) Provide copies of quarterly reports to the Participating Cities, if the reports are
not provided directly by the Agency.
e) Provide the Agency with a funding application and technical assistance as
required.
f) Perform an annual monitoring visit of the Agency, to include the participation
of another Participating City.
g) Maintain accounts and records which properly reflect transactions related to
this MOU.
5. Duration. This MOU shall become effective when it is approved by a majority of the
Cities and shall remain in effect through December 31, 2012, with automatic extensions
annually, unless terminated as described in section 6.
54
Joint Funding MOU
Page 3 of 7
6. Termination. Any party may terminate its participation in the MOU without cause by
giving the other Cities a thirty day written notice. The terminating party shall remain
fully responsible for meeting its funding responsibilities and other obligations established
by this MOU through the end of the calendar year in which such notice is given.
7. Notices. Notices to the Cities shall be sent to the following persons:
City Contact
Auburn Michael Hursh, Administration
Kent
Renton
Tukwila
Algona
Pacific
Fife
Puyallup
Sumner
Indemnification.
Each City agrees to indemnify the other Cities from any claims, damages, losses, and
costs, including, but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage and bodily injury, including death, caused by
the sole negligence or willful misconduct of such City, the City's employees, affiliated
corporations, officers, and lower tier subcontractors in connection with this MOU.
Each City hereby waives its immunity under Title 51 of the Revised Code of Washington
for claims of any type brought by any City agent or employee against the other Cities.
This waiver is specifically negotiated by the parties and a portion of the City's payment
hereunder is expressly made the consideration for this waiver.
9. Insurance. Each City shall procure and maintain in full force throughout the
duration of the Agreement comprehensive general liability insurance with a minimum
coverage of $1,000,000.00 per occurrence /aggregate for personal injury and property
damage. In the event that a City is a member of a pool of self- insured cities, the City
shall provide proof of such membership in lieu of the insurance requirement above. Such
55
Joint Funding MOU
Page 4 of 7
self insurance shall provide coverage equal to or greater that required of non -self
insurance pool member Cities.
10. Oversight Committee. This Agreement shall be managed by an Oversight
Committee made up of one representative of each City. The representative of each City
shall be designated in section 7 of this Agreement. The Oversight Committee shall meet
at least annually to discuss the terms of the Agreement and manage the services provided
pursuant to the Agreement.
11. Applicable Law: Venue. Attornev's Fees. This Agreement shall be governed by
and construed in accordance with the laws of the State of Washington. In the event any
suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement,
the parties specifically understand and agree that venue shall be exclusively in King
County, Washington. The prevailing party in any such action shall be entitled to its
attorney's fees and costs of suit.
12. Signed Counterparts. This Agreement may be executed by counterparts and be
valid as if each authorized representative had signed the original document.
IN WITNESS WHEREOF, the undersigned have entered into this MOU as of this
day of .2012
CITY OF AUBURN
By: Approved As To Form:
Title:
Date:
Attest:
CITY OF KENT
By:
City Attorney
Approved As To Form:
Title: City Attorney
Date:
Attest:
56
Joint Funding MOU
Page 5 of 7
CITY OF RENTON
By:
Title:
Date:
Attest:
CITY OF TUKWILA
By:
Title:
Date:
Attest:
CITY OF ALGONA
By:
Title:
Date:
Attest:
CITY OF PACIFIC
By:
Title:
Date:
Attest:
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
Approved As To Form:
City Attorney
57
Joint Funding MOU
Page 6 of 7
CITY OF FIFE
By:
Title:
Approved As To Form:
Date: City Attorney
Attest:
CITY OF PUYALLUP
Approved As To Form:
Title:
Date: City Attorney
Attest:
CITY OF SUMNER
By:
Title:
Approved As To Form:
Date: City Attorney
Attest:
Joint Funding MOU
Page 7 of 7
EXHIBIT A
to
Memorandum of Understanding (MOU) between the Valley Cities Association for
planning, funding, and implementation of joint funding program.
CALENDAR YEAR 2012
Name of Agency
YMCA of Greater Seattle
Alive Free Program
Participating Cities
Tentative Funding
Auburn Lead City $30,000
Kent $30,000
Renton $30,000
Tukwila $30,000
TOTAL $120,000
59
ME
DRAFT
CITY OF AUBURN AGREEMENT FOR SERVICES
THIS AGREEMENT made and entered into this day of
2012, by and between the CITY OF AUBURN, a municipal corporation of the State of
Washington, hereafter referred to as the "CITY and "YMCA OF GREATER SEATTLE ALIVE
FREE" which is located at 909 Fourth Avenue Seattle, WA 98104, a non profit corporation
organized under the laws of the State of Washington, hereafter referred to as the "AGENCY."
WHEREAS, the AGENCY provides a valuable service to the CITY and its residents
through the provision of services for high risk youth and community safety; and
WHEREAS, the CITY is interested in continuing support of the Alive Free program,
including development of additional resources and service sites;
WHEREAS, the CITY entered into a Joint Funding Memorandum of Understanding with
the cities of Renton, Tukwila, Kent, Algona, Pacific, Fife, Puyallup and Sumner (collectively,
the "Cities that allows the City to jointly fund and monitor a single contract with Alive Free for
gang prevention and intervention services; and
WHEREAS, it is the CITY'S responsibility to enter into an agreement with the YMCA's
Alive Free Program on behalf of the Cities which are party to said Memorandum of
Understanding;
NOW, THEREFORE, In consideration of the covenants and conditions of this
Agreement, the parties agree as follows:
I. PURPOSE
The purpose of this Agreement is to provide for an appropriation to the AGENCY in
exchange for the Agency's provision of the services set forth in this Agreement to participating
city's residents during the 2012 term.
City of Auburn Agreement: YMCA of Greater Seattle Alive Free program
April 1, 2012
Page 1 of 8
61
II. SCOPE OF SERVICES
The AGENCY agrees to provide services, as described in the Exhibits incorporated
herein by this reference as if fully set forth.
III. TERM
The term of this Agreement shall commence on January 1, 2012 and shall expire on
December 31, 2012.
IV. PERFORMANCE REPORTS AND COMPENSATION
A. The AGENCY shall provide to the CITY within 15 days of the close of each
calendar quarter a status report containing program statistics regarding the type
and level of services provided to the participating cities, as well as financial
information pertaining to the contract agreement and expenditures. Format and
contents of these reports are set forth in Exhibits 1 to 5 to this Agreement, which
are incorporated herein by this reference.
B. The AGENCY shall prepare and submit to the CITY two program evaluation
reports in the format commonly referred to as "outcomes reports" which will
show the intended linkages between the activities conducted and the changes
the activities will produce. These reports shall contain information as set forth in
Exhibit 5 to this Agreement, and shall be submitted to the CITY at the end of the
first and last quarters.
C. As full and total payment for the services provided under this Agreement, the
CITY aarees to Dav the AGENCY up to $120.000 per a vear as set forth in
the Exhibits. The CITY will pay an amount equal to one quarter of the total
amount within thirty (30) days following the CITY's receipt of quarterly invoices.
The required format and content of quarterly invoices is set forth in the Exhibits
to this Agreement, and is incorporated herein by this reference.
City of Auburn Agreement: YMCA of Greater Seattle Alive Free program
April 1, 2012
Page 2 of 8
.W
V. INDEMNIFICATION
AGENCY shall defend, indemnify and hold the CITY and the Cities, their officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses
or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of
the AGENCY in performance of this Agreement, except for injuries and damages caused by the
sole negligence of the CITY or Cities. Should a court of competent jurisdiction determine that
this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the AGENCY and the CITY or Cities, their officers, officials,
employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the
Agency's negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the Agency's waiver of immunity under Industrial Insurance, Title 51
RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated
by the parties. The provisions of this section shall survive the expiration or termination of this
Agreement.
INDEPENDENT CONTRACTOR /ASSIGNMENT
The parties agree and understand that the AGENCY is an independent contractor and
not the agent or employee of the CITY or any of the Cities, and that no liability shall attach to
the CITY or any of the Cities by reason of entering into this Agreement except as provided
herein. The services required of the AGENCY under this Agreement may not be assigned or
subcontracted by the AGENCY without the prior written consent of the CITY.
VI. INSURANCE
The AGENCY shall procure and maintain for the duration of this Agreement insurance
against claims for injuries to persons or property which may arise from or in connection with
services provided by the AGENCY, it agents, employees or volunteers under this Agreement.
City of Auburn Agreement: YMCA of Greater Seattle Alive Free program
April 1, 2012
Page 3 of 8
W
The AGENCY agrees to provide comprehensive general liability insurance and shall maintain
liability limits of not less than ONE MILLION DOLLARS ($1,000,000) combined single limit
coverage per occurrence for bodily injury, personal injury and property damage. Where
professional services are provided as part of the services rendered pursuant to this Agreement,
as shown in Exhibit 1, the AGENCY shall also provide and maintain professional liability
coverage including errors and omissions coverage in the minimum liability amount of ONE
MILLION DOLLARS ($1,000,000) combined single limit per occurrence for bodily injury,
personal injury and property damage. Any deductibles or self insured retentions in either policy
must be declared to and approved by the CITY. At the option of the CITY either: The insurer
shall reduce or eliminate such deductibles or self insured retentions as respects the CITY, its
officials and employees; or, the AGENCY shall procure a bond guaranteeing payment of losses
and related investigations, claim administration and defense expenses. The policies are to
contain or be endorsed to contain the following provisions:
1) GENERAL LIABILITY COVERAGE
The CITY, its elected and appointed officials, employees and agents are to be covered
as additional insured as respects: liability arising out of services and activities performed
by or on behalf of AGENCY, its employees, agents and volunteers. The coverage shall
contain no special limitations on the scope of protection afforded to the CITY, its elected
and appointed officials, employees or agents, or its contract partners the Cities.
2) GENERAL LIABILITY AND PROFESSIONAL LIABILITY COVERAGES
(a) The AGENCY's insurance coverage shall be primary insurance as respects the
CITY, its officials, employees and agents. Any insurance or self insurance
maintained by the CITY, its officials, employees or agents shall be in excess of the
AGENCY's insurance and shall not contribute with it.
City of Auburn Agreement: YMCA of Greater Seattle Alive Free program
April 1, 2012
Page 4 of 8
.M
(b) Any failure to comply with reporting provisions of the policy shall not affect coverage
provided to the CITY, its officials, employees or agents.
(c) Coverage shall state that the AGENCY's insurance shall apply separately to each
insured against whom a claim is brought or suit is brought except with respect to the
limits to the insurer's liability.
(d) Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled or reduced in coverage, or in
limits unless prior written notice has been given to the CITY by certified mail return
receipt requested at least thirty (30) days in advance of any such suspension
voiding, cancelation or reduction in coverage, or in limits. The AGENCY agrees to
provide copies of the Certificates of Insurance to the CITY at the time that this
Agreement takes effect.
(e) The AGENCY shall furnish the CITY with Certificates of Insurance and with original
endorsements affecting coverage required by this clause. The certificate and
endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The CITY reserves the right to require
complete, certified copies of all required insurance policies at any time.
(f) The AGENCY shall include all volunteers, employees and agents under its policies or
shall furnish separate certificates and endorsements for each. All coverage for
volunteers shall be subject to all the requirements stated herein.
VII. NONDISCRIMINATION
The AGENCY shall not discriminate in any services or programs to which this
Agreement may apply directly or through contractual or other arrangements on the grounds of
any protected class status as defined by any national, state or local laws or ordinances
City of Auburn Agreement: YMCA of Greater Seattle Alive Free program
April 1, 2012
Page 5 of 8
65
including but not limited to race, color, creed, religion, national origin, sex, sexual orientation,
age, or the presence of any sensory, mental or physical handicap.
VIII. BOOKS AND RECORDS
The AGENCY agrees to maintain separate accounts and records in accordance with
State Auditor's procedures, including personnel, property, financial and programmatic records
which sufficiently reflect direct and indirect costs and services performed under this Agreement.
The AGENCY agrees to maintain all books and records relating to this Agreement for a period
of three (3) years following the date that this Agreement is expired or otherwise terminated.
The parties agree that the CITY may inspect such documents upon good cause at any
reasonable time within the three (3) year period.
IX. TERMINATION OF AGREEMENT
This Agreement may be terminated by either party upon thirty (30) days written notice
should the other party fail substantially to perform in accordance with its terms through no fault
of the other.
X. SEVERABILITY AND SURVIVAL
If any term, condition or provision of this Agreement is declared void or unenforceable or
limited in its application or effect, such event shall not affect any other provisions hereof and all
other provisions shall remain fully enforceable. The provisions of this Agreement, which by
their sense and context are reasonably intended to survive the completion, expiration or
cancellation of this Agreement, shall survive termination of this Agreement.
XI. ENTIRE AGREEMENT; MODIFICATION.
This MOU, together with attachments or addenda, represents the entire and integrated
agreement between the CITY and the AGENCY and supersedes all prior negotiations,
representations, or agreements written or oral. No amendment or modification of this MOU
shall be of any force or effect unless it is in writing and signed by the parties.
City of Auburn Agreement: YMCA of Greater Seattle Alive Free program
April 1, 2012
Page 6 of 8
i•
XII. GENERAL PROVISIONS
A. The AGENCY agrees to submit a report to the CITY no later than the last
quarterly invoice date, describing the progress and activities performed for the
previous year's scope of services.
B. This Agreement shall be governed by the laws, regulations and ordinances of
the City of Auburn, the State of Washington and where applicable, Federal laws.
C. The AGENCY agrees to conduct its activity in such a manner as to coincide with
the goals identified in the attached Memorandum of Understanding. The
AGENCY understands that the performance indicators established in the
Memorandum will be used by the City as a measurement tool in determining if
the goals have been achieved.
D. The CITY and the AGENCY respectively bind themselves, their successors,
volunteers, assigns and legal representatives to the other party to this
Agreement and with respect to all covenants to this Agreement.
E. This Agreement represents the entire and integrated Agreement between the
CITY and the AGENCY and supersedes all prior negotiations. This Agreement
may be amended only by written instrument signed by both the CITY and the
AGENCY.
F. Should it become necessary to enforce any term or obligation of this Agreement,
then all costs of enforcement including attorney's fees and expenses and court
costs shall be paid to the substantially prevailing party.
G. The AGENCY agrees to comply with all local, state and federal laws applicable
to its performance under this Agreement.
City of Auburn Agreement: YMCA of Greater Seattle Alive Free program
April 1, 2012
Page 7 of 8
67
DATED this day of
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Heid,
City Attorney
YMCA OF GREATER SEATTLE
MN
TITLE:
STATE OF WASHINGTON
)ss
COUNTY OF KING
2012.
On this day of 2012, before me, the undersigned, a
Notary Public in and for the State of Washington, personally appeared
to me known to be the of the YMCA, the non profit corporation
that executed the within and foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said non profit corporation for the uses and purposes therein
mentioned, and on oath stated that he /she is authorized to execute said instrument on behalf of
said non profit corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
date hereinabove set forth.
NOTARY PUBLIC in and for the State of
Washington, residing in
MY COMMISSION expires:
City of Auburn Agreement: YMCA of Greater Seattle Alive Free program
April 1, 2012
Page 8 of 8
MY OO F R �.J
WASHINGTON
SERVICE AGREEMENT
2012 INVOICE FOR CONTRACTED SERVICES
To: CITY OF AUBURN, ATTN: Michael Hursh
25 WEST MAIN STREET, AUBURN WA 98001
Agency: YMCA of Greater Seattle
909 Fourth Avenue
Seattle, WA 98104
EXHIBIT COVER PAGE
Program: YMCA Alive Free Contact, Title: Eleuthera Lisch, Director
Phone: 206 382 -5245
Email: elisch@seattleymca.org
Amount Requested:
Invoice for: N/A
2nd Quarter, April to June Due: July 15, 2012
3` Quarter, July to September Due: October 17, 2012
4' Quarter, October to December Due: January 31, 2012
Attachments: Quarterly Service Report Exhibit 1
Quarterly Financial Report Exhibit 2
Demographic Report (2 and 4th Quarters only) Exhibit 3
Service Unit Report Exhibit 4
Outcomes Report (1 Qtr. identified and 4' Qtr. data due) Exhibit 5
Proof of Insurance (1 Quarter or if expired)
I certify to the best of my knowledge that this invoice and attachments reflect actual service provided to
Auburn residents.
Signature of Authorized Representative
Date
The City of Auburn will issue payment upon this invoice within forty -five (45) business days of receipt. To
ensure prompt payment, please submit this form and all required attachments by the date listed above.
FOR CITY OF AUBURN USE ONLY:
Contract Amount:
Payments Year to Date:
Payment this invoice:
Authorized to Pay:
Signature
CITY OF AUBURN
Contract Balance:
Date
COVER PAGE MUST BE SIGNED AND SUBMITTED WITH EACH PAYMENT REQUEST
2012 Exhibit 2
Agency: YMCA of Greater Seattle
Program: Alive Free
Report for 1" Qtr /Jan -Mar
Cost Categories
1 Personnel /Agency Services,
Crisis Line and 2 -1 -1
2 Office /Operating Supplies
3 Consultant or Purchased
Services
CITY OF AUBURN
2012 Quarterly Financial Report
Date:
2nd Qtr /Apr -Jun —3 rd Qtr /Jul -Sep
Budget This Cumulative
Award Request to date
4 Direct Client Assistance
5 Communications
6 ITravel Training
7 1 Intra- Agency Support
8 10ther per Detail
Grand Totall $I
Requested
Reimbursement:
South King County YMCA Alive Free Program Funding
Funding Source Outreach Workers South King
County
Coordinator
City of Auburn
$30,000
City of Kent
$30,000
City of Renton
I $30,000
City of Tukwila
I $30,000
King County Superior Court
.1 1 $40,000
—4 1h Qtr /Oct -Dec
Award
Balance
A Better Seattle/
Seahawks Match
$30,000
$30,000
$30,000
$30,000
70
Agency:
YMCA of Greater Seattle
Program:
Alive Free
Category
I
Client
Auburn
Residence"
Kent
Client
Renton
"List all clients
Tukwila
served in this
Unincorporated. King County
category.
18 -34
In all other
Other:
categories list
Unknown
participating
TOTAL
cities' clients
Unknown
only.
TOTAL
Client
30% of median or below
Income
50% of median or below
Level
80% of median or below
CITY OF AUBURN
2012 Demographic Report
Date:
1. 1 2 1 3`
2012 Exhibit 3
4` 1 Total YTD II
71
Above 80% of median
Unknown
TOTAL
Client
Female
Gender
Male
Client
0 -4
Age
5 -12
13 -17
18 -34
35 -54
55 -74
75+
Unknown
TOTAL
Ethnicity/
Asian/Pacific Islander
Cultural
Black/African American
Background
Hispanic /Latino
Native American/ Alaskan Native
White /Caucasian
Other
Unknown
TOTAL
Condition
Disabling Condition
ESL
Limited English Speaking
Household
Female- Headed Household
Male- Headed Household
2012 Exhibit 3
4` 1 Total YTD II
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Nei
FINANCE AND SAFETY COMMITTEE
Meeting Minutes
.Lune 19, 2012 ISp.nz, Conference Room 93
PRESENT
City of Tukwila
Finance and Safety Committee
Councilmembers: De'Sean Quinn, Chair; Dennis Robertson and Kate Kruller
Staff: Peggy McCarthy, David Cline, Dennis McOmber, Bob Giberson, Gail Labanara and
Kimberly Matej
CALL TO ORDER: Committee Member Kruller called the meeting to order at 5:18 p.m.
U77Ymitto'a> Chan Chrinn requested that Commiltee Alember Knil?er chair the nteetina cross training pur poses.
1. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Update: Financial Plannine Model and Capital Improvement Plan (CIP)
As information only, staff reviewed draft versions of Attachments A and B of the Financial Planning
Model. Changes have been made to the attachments in order to add consistency to the categorization of
certain accounts and funds including, but not limited to: sales tax mitigation revenue, reserves, transfers
and advancement loans. Peggy McCarthy, Finance Director, explained the current layout of the
attachments, line by line so that everyone understands and agrees on format. The discussion resulted in
minor changes that will be made to documents for accuracy and ease of use. Staff will populate the
attachment fields with preliminary numbers and will look at them in relation to the budget and CIP at a
Committee meeting during the first part of August. INFORMATION ONLY.
B. 2012 1 S Ouarter Sales Tax Miscellaneous Revenue Report
At the February 7, 2012, Finance Safety Committee meeting, it was determined that staff would present
the Sales Tax Miscellaneous Revenue Report on a quarterly basis instead of a monthly basis in order to
improve efficiency and provide the Committee with an opportunity to see trends and respective analysis.
As information only, staff presented the 2012 1' Quarter Report. Overall, revenues came under the
prorated budget, and were below sales tax revenues for the same period last year. After 1" Quarter, the
City is currently 7% below projections, and 25% of the sales tax mitigation payments have been included
in the totals ($301,763). Although one casino still remains delinquent on previous tax payments, the City is
collecting payments as part of an arrears agreement. Additionally, admissions tax is down as compared to
budget, but has increased in comparison to the same time last year.
Staff will be making some revisions to the sales tax presentation as compared to that presented in the
Committee agenda packet. The Committee requested that copies of the quarterly reports be distributed to
all Councilmembers via hard copy. INFORMATION ONLY.
C. Memorandum of Understanding: Alive and Free Program
Staff is seeking Council approval to enter into a Memorandum of Understanding (MOU) between the cities
of Auburn, Kent, Renton, Tukwila, Algona, Pacific, Fife, Puyallup and Sumner that will formalize a
cooperative agreement /joint funding program to address gang prevention and intervention through a
program entitled Alive and Free which is administered by the YMCA.
This MOU will implement a partnership for the Alive and Free Program which will recruit, hire, and train
street outreach workers who will engage, mediate, and address concerns with youth gangs in south King
91
Finance Safety Committee Minutes
June 19, 2012 Pane 2
County. The City of Auburn will take the lead on this joint funding program. It is anticipated that a total of
four part -time street outreach workers would be hired. Tukwila's financial responsibility for this program
totals $60,000 annually; $30,000 (or 50 which will be funded via grant through A Better Seattle, and the
remaining amount will be funded by the City. Since no funds have been allocated for this program in 2012,
the Police Department is suggesting the use of the Drug Asset Forfeiture Account for this year, and
determining funds for future years through the upcoming budget planning process.
The Committee requested that the Police Department return to Committee within a year to provide an
evaluation and /or overview of program outcomes. Additionally, Committee Chair Quinn inquired as to
who from the City would be the representative to sit on the Oversight Committee as outlined on page 18 of
the Committee agenda packet. UNANIMOUS APPROVAL. FORWARD TO JUNE 25 COW FOR
DISCUSSION.
III. MISCELLANEOUS
Meeting adjourned at 6:26 p.m.
Next meeting: Tuesday, July 3, 2012 5:15 p.m. Conference Room #3
A
40 Committee Chair Approval
Minutes by KAM.
92
COUNCIL AGENDA SYNOPSIS
Initials ITE'MNO.
Meetin,a Date Prepared by N1yor's review Co Y'review
06/25/12 BG
07/02/12 BG 4.C.
CAS NUMBER:
AGENDA ITEM TITLE
ITEM INFORMATION
STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 6/25/12
Resolution approving Cascade Water Alliance's
Joint Municipal Utility Services Authority and a new Interlocal Agreement
CATEGORY Discussion Motion
Mtg Date 06125112 Mtg Date
Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 07102112 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pd�R ❑Police ®PW
SPONSOR'S Cascade Water Alliance (CWA) has requested to change from a Watershed Management
SUMMARY Partnership to a municipal corporation and become a Joint Municipal Utility Service
Authority (JMUSA). Approval by Resolution is needed from each of CWA's 8 members.
Council is being asked to approve the Resolution which converts CWA into an authority
under JMUSA and also converts our current interlocal into a Cascade Water Alliance Joint
Municipal Utility Services Agreement.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 5/ 15/12&6/12/12 COMMITTEE CHAIR: DENNIS ROBERTSON
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
6/25/12
7/02/12
MTG. DATE j
6/25/12
7/02/12
RECORD OF COUNCIL ACTION
ATTACHMENTS
Informational Memorandum dated 06/08/12
Draft Resolution
CWA Interlocal Agreement Table of Proposed Policy Changes
CWA Joint Municipal Utility Service Agreement
Minutes from the Utilities Committee meeting of 05/15/12 and 6/12/12
93
M
1�
FROM:
BY:
DATE:
SUBJECT
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
Bob Giberson, Public Works Director
Pat Brodin, Operations Manager
June 8, 2012
Cascade Water Alliance
Resolution Approving Joint Municipal Utility Services Authority
ISSUE
Changing Cascade Water Alliance (CWA) from a Watershed Management Partnership to a
Municipal Corporation under the Joint Municipal Utility Services Authority Act (JMUSA).
BACKGROUND
CWA is in the process of converting from a Watershed Management Partnership to a Municipal
Corporation under the JMUSA. A JMUSA structure will provide CWA with additional operational
flexibility and clearly establish Cascade as a public utility. At meetings in 2011, the Committee
reviewed an outline of changes to CWA's Interlocal Contract, Bylaws, and Code that would be
required to affect the conversion. A revised draft mark -up of the Interlocal Contract, showing
proposed amendments to convert CWA to a Municipal Corporation is included. The mark -up of
Interlocal Contract changes also includes potential policy and non policy changes required to
update and correct the document. CWA's Board approved the conversion to a Municipal
Corporation at the March 2012 board meeting.
DISCUSSION
Now that the Interlocal Contract has been revised, it requires ratification by each member
agency through their legislative authority. Once the Interlocal is approved by all the members,
CWA will be able to proceed with the process of becoming a Joint Municipal Utility Services
Authority.
At the May 15, 2012 Utilities Committee meeting, members requested more information on the
CWA changes and were given that documentation on May 22, 2012.
FISCAL IMPACT
None.
RECOMMENDATION
Council is being asked to approve by Resolution the revised Interlocal Contract with CWA and
consider this item at the June 25, 2012 Committee of the Whole and subsequent July 2, 2012
Regular Meetings.
Attachments: Draft Resolution
CWA Interlocal Agreement Table Proposed Policy Changes
CWA Letter to Mayor Haggerton dated 4/11/12
CWA Joint Municipal Utility Services Agreement
W' \PW Eng \OTHER \Pat Brodin \Cascade Water Alliance \Info Memo CWA JMUSA 6- 08- 12- sb.docx
95
m
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AUTHORIZING THE
MAYOR TO SIGN THE CASCADE WATER ALLIANCE
JOINT MUNICIPAL UTILITY SERVICES AGREEMENT,
WHICH CONVERTS CASCADE WATER ALLIANCE INTO
A JOINT MUNICIPAL UTILITY SERVICES AUTHORITY;
AND REPEALING RESOLUTION NO. 1417.
WHEREAS, the City of Tukwila and members of the Cascade Water Alliance
"Cascade entered into an Interlocal Contract effective June 1, 1999 (Resolution No.
1417), which was amended and restated on December 15, 2004 and on October 26,
2011; and
WHEREAS, Section 3.3 of the Interlocal Contract provides that Cascade may be
converted into a separate municipal corporation if and as permitted by law, and that
upon the creation of such separate municipal corporation, all Cascade rights and
obligations and all Member rights and obligations shall transfer to that new municipal
corporation; and
WHEREAS, in 2011 the Washington State Legislature enacted the Joint Municipal
Utilities Services Act codified as Chapter 39.106 RCW "the Act which provides in
RCW 39.106.080 for the conversion of an existing governmental entity formed under
the Interlocal Cooperation Act (Chapter 39.34 RCW) into a Joint Municipal Utility
Services Authority under the Act; and
WHEREAS, in accordance with Sections 3.3 and 10.4 of the Cascade Water
Alliance Interlocal Contract, Cascade's members (who are all public agencies that are
parties to an existing Interlocal contract) are otherwise eligible to form a Joint Municipal
Utility Services Authority under the Act to provide the relevant utility services; and
WHEREAS, the City of Tukwila intends to ratify the new Contract —which shall be
known as the Cascade Water Alliance Joint Municipal Utility Services Agreement upon
a 65% dual majority vote of the members' legislative authorities —in compliance with the
Act to support the conversion of Cascade into a Joint Municipal Utility Services
Authority;
W: \Word Processing City \Resolutions \Joint Municipal Utility Svc Authority contract 5- 14 -12 -RT
GL:bjs Page 1 of 2
97
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Mayor of the City of Tukwila is authorized on behalf of the City to
sign the Cascade Water Alliance Joint Municipal Utility Services Agreement, which (1)
converts Cascade Water Alliance into a Joint Municipal Utility Services Authority, and
(2) converts the current Cascade Water Alliance Interlocal Contract into the Cascade
Water Alliance Joint Municipal Utility Services Agreement.
Section 2. Repealer. Resolution No. 1417 is hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2012.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Shelley M. Kerslake, City Attorney
W:1Word Processing- City \Resolutions \Joint Municipal Utility Svc Authority contract 5- 14 -12 -RT
GL:bjs Page 2 of 2
Cascade Water Alliance
lnterlocaB Agreement Table Proposed Policy Changes
Language of Proposed Po Change
(green font as shown on Table version of Amendments)
Page 9 Article 2. Definitions.
"Full Supply Commitmen m "Full Supn|v^ for any or all nfaNembe/s water need
means that those needs, ax projected inthe ndc�c�p�y
pa+�u-'Cadc, �Aiae/Souo|vPlonundosnueeu|obvhal Member, shall ba met from
the Supply System, net ofkn�-ts�p*lndeoendontSupP|v and subject to the
other limitations established in this ag on an equal parity with all
other Full Supply Commitments, and with a guaranteed priority no lower than for any
other Supply Commitment made by Cascade: provided that no Member is guaranteed
any given amount nf supply nrcapacity.
Page 1 2 Section 3.4 Purposes.
Notes
R cnizes that Cascade now
provides and uses dmnand
pn4ecUonm for its service area
Cascade's purposes includennfl,� those related (o water resources, c' am mAer «U|ih Allows the Board todetermine
ae�onnsa||owe u '/Vp/�hoAd�anaoikarizp�b'auna»/muus»�e��eR»a��a»d
m purpuees,om allowed under RCVY
do not include the provision of other general services to the public, and are to:
S8100
Pages Section 3.5Powers.
1415 i o C|uh[ioaAovernmg�hicycode as
�r oxwnue»� e no
�aunam,deoi�Nicme��ne a] oowm�� a 'nun'o�� RC�42�2%(�uni)�thar�hanRCYY
ocmm��cmanUobuonUNomnu\'cmep1sond�Cha�or422�RC�nmxman 42.52 (State)
Page 15 Section 4.3 Voting. All Board actio must be approved byDual Majority Vote ofall
Members, except where this G*R#*Gt-Aqreoment requires either aG5%Dual Majority Encompasses committee discussion
Vote, ay provided in Sections 4J and Article 11;or on changes io requirement for 85%
mfifiratinnby the Members' legislative authority, au provided in Dual Majority Vote
ai,i( 10.4 and Article 11.
Page 16 Section 4.5 Executive Committee.
���Um��oExevCmnm
The Chair, �ooChair, Secuga�.��Teaou�ra»n�ha�Peme*«�|�an�«O membemhipto facilitate ability |o
constitute Cascade's Executive Committee. The Chair (or mee t
acting Chair) shall vote on matters before thnExociiveCommhteenn|yif
naops�
break atie. The Executive Comm|Veo's duties and responsibilities are set forth inthe
ByLa*o
Page 17 Section 4.G Staff, Consultants and Contractors.
Cascade staff shall consist ofachief executive officer and other positions established
by resolution of the Board, The Board shall appoint, designate the title of, and Streamlines hiring process, except
establish the compensation range of the chief executive officer. The Board shall hire p* h/rauddarwhivhwi||�mmin Board s^�yo�:�� audi�mhxCaxuado —��e hiring function
aumm/iy /o�ewNeonns'J/up\s/ Tc The
chief executive officer *peonu; p*�c,�4*|u Nre aUo\hn,
nuUannconsuKunoondthnauuppoin\mentamoybnuubject\omhficationbyiho
Board or the Executive Committee if the ByLavmuo provide. The Board may also
CWA|nterlmm! Proposed Policy Changes March 21 2012
Page 1vf2
w e
Language of Proposed Policy Change
(green font as shown on Table version of Amendments) Notes
provide that administrative, professional or technical services be performed by contract.
Page 18 Section 5.2.1 Commitment to Members.
Beginning on the Cascade Supply Date, Cascade shall provide a 4i! Supply Deletion of "Full" accurately
Commitment to each a�Member. Therea4cF, Cascade shall provide a Full describes steps with membership
supply
Supply Commitment to aaect s!I cufretit an3-1 s4:pp9y44ee4s4 a Member
that joins with Water Supply Assets sufficient to provide for its needs during the
following fifteen (15) years (whether or not those Water Supply Assets are transferred
to Cascade or retained as Independent Supply.)
Page 24 Section 5.5 Regional Capital Facilities Charges.
RCFCs shall be calculated according to the RCFC Methodology, which shall define the In practice, (a) has not been used
because it has proven problematic,
analytical steps required to calculate the RCFCs according tc e gee t {rrif Y� a as it relies heavily on subjective trl' -i +Pt �i rG t +fir L nr !i i.0 t B W.Xpa4d+ t.
assumptions about tinteframe, costs
r
the average unit cost of past construction of the existing system plus then p!annad-the p included arid capacity
Supply System improvements planned at the time of the calculation. ovi dud.
Page 26 Section 7.1 Asset Management.
Cascade must manage the Supply Systern in compliance with applicable laws, Removed 65 U Dual Majority Vote.
regulations and Cascade's minimum service standards. Ac# rt.:;� :::�r a�xte +ar. ^'�'c
tf;e -n Inln'; 1I'. Ge, Sf �Ct r3ytas, regU {e a iii =1> fJ :c.iI Malo' .Iy,�
Page 28 Section 7.5 Water Supply Rates and Charges.
Cascade may sell water to a Non- Member under terms and conditions established by
the Board. T4r 01; e+H04e t'r.,
cFrxt tl as v11,'1r,-v a(er ;s s 1,,, to facrnbers Revenue received from the sale of
water to Non- Members shall be used to offset or reduce Rates and Charges to
Members to the extent practicable, except that such revenue need not be treated as
reducing or offsetting those amounts that are necessary for the payment of debt service
on Bonds and for the provision of reserve and coverage requirements for the Bonds.
Page 32 Section 8.3 System Reliability Methodology.
Cascade shall develop and adopt a system reliability methodology for planning,
operation and management purposes. Adoption c rnd amends rents -to flay system
ty cit,+ oy r a.. aegi Dua +,'wr s)t:r it
Page 34 Section 10.3 Disincorporation.
Removing limitation intended for
founding membership; future
transactions may be of benefit to
Cascade and its merrrbers under
differing terrrrs and conditions.
Removes 65`t'o Dual Majority Vote
requirement.
Cascade may be d+sselved vote by a 65% Dual Majority Vote' rs ti`icd w!th n r t
i •"I I i r i ur f t I I ir,P Acids ratification requirement, .r :I. f a id lwe ..y Ji r,ay of s it rr `V ill N,1�.,ow, Vote by i.1 Di Iv 'I IV c�
rlerrltters' lemsiative awi mihe5i to disincorporate. Upon d+ssatu�, disincorooration
except as provided in an Asset Transfer Agreement, Cascade's assets initially shall be
held by its then current Members as tenants in common.
CWA Interlocal Proposed Policy Changes March 21, 2012
Page 2 of 2
I'S \S( AWGE'V'IRAI. Col 'v!�E1, MAZt FNif N 15.', M) CONI RAI 1 \7fRlOCALAGREENIENTt,AAL`tiA 1`0L I( C H.ANOFSA 17RIX'frl i- II_DOC
Mrs
April 11, 1-0\,L—
Jim Haggerton
Mayor
City of Tukwila
6200 Southcenter Boulevard
Board of Directors Tukwila WA 98188
APR 13 xW
CI &QR,SC IC�B
I
I
John MarcChair
Dear Mayor Haggerton:
Mayor
City of Redmond
At its regular meeting on March 28, 2012, the Board of Directors of the Cascade
Vice Chair
Water Alliance unanimously adopted Resolution No. 2012 -06 for the purpose of
David Knight
adopting an Amended and Restated Interlocal Contract.
Commissioner
Covington Water District
Adoption of the Amended and Restated Interlocal Contract is a two -step process.
Secretary/Treasurer
Once adopted by a 65% Dual Majority Vote of the Board, amendments to the
Jim Haggis yon
Interlocal Contract must be ratified by 65% by Dual Majority of the Members'
City of Tukwila
legislative authorities. This ratification must occur within one hundred and twenty
(120) days of the Board's vote or by July 26. 2012. In light of Cascade's
Don Davidson
Councilmember
exploration of seeking finance options in 2012, we respectfully request that your
City of Bellevue
legislative authorities ratify the Amended and Restated Interlocal Contract by
Fred Butler
July 1, 2012.
Deputy Council President
City of Issaquah
Enclosed for presentation to your legislative body are the following:
Penhy Sweet
Councilmember
1. Two originals of the Amended and Restated Interlocal Contract, dated
City of Kirkland
March 28, 2012, executed by Cascade;
Lloyd Warren
2. The Amended and Restated Interlocal Contract in a table format with an
Commissioner
explanation of each change in both side notes and color -code;
Sammamish Plateau
3. A two -page list of the policy changes contained in the Amended and
Water &Sewer District
Restated Interlocal Contract;
Jon Ault
4. A copy of the Board's approved Resolution No. 2012 -06; and
Commissioner
Skyway Water &Sewer District
5history ESSB 1332 g that authorizes
A two histo of the 2011 Le gislation
Cascade to amend its Interlocal Contract in order to convert to a Joint
Municipal Utilities Services Authority and a description of the issues that the
Legislation was intended to address.
Chief Executive Officer
Once your legislative body has acted to ratify the Amended and Restated Interlocal
Chuck Clarke
Contract, please have the two originals executed. Return one executed copy and
the resolution or official action of your legislative body approving the agreement to
Cascade. When Cascade has received all the signature pages, which are being
executed in counterparts, Cascade will send each Member a fully executed
document. Cascade will also file the agreement with Secretary of State and that
filing date will be the effective date of Cascade as a Joint Municipal Utilities
Services Authority.
520 112' Avenue NE Suite 400 Bellevue, WA 98004
Phone: 425.453.0930 Fax: 425.453.0953
Website: www.cascadewater.org
101
April 11, 2012
Page Two
Cascade is very pleased to be converting to a Joint Municipal Utilities Services
Authority and looks forward to operating efficiently at a municipal corporation. If
you would like me to join you to discuss the amendments or answer questions
when your legislative body considers the Amended and Restated Interlocal
Contract, such arrangements will be made.
Sincerely,
Chuck Clarke
Chief Executive Officer
cc: John Marchione, Chair, Board of Directors of the Cascade Water Alliance
Pat Brodin
102
After recording, return to:
Van Ness Feldman GordonDerr
2025 First Avenue, Suite 500
Seattle, Washington 98121
(2 06) 382 -95
WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
DOCUMENT TITLE(S) (or transactions contained therein):
CASCADE WATER ALLIANCE JOINT MUNICIPAL UTILITY SERVICES
AGREEMENT
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED:
N/A
Additional reference #s on page of document(s)
GRANTOR(S) (Last name first, then first name and initials)
CASCADE WATER ALLIANCE/MEMBERS OF CASCADE WATER ALLIANCE
Additional names on page of document
GRANTEE(S) (Last name first, then first name and initials)
CASCADE WATER ALLIANCE/MEMBERS OF CASCADE WATER ALLIANCE
Additional names on page of document
LEGAL DESCRIPTION (abbreviated: i.e., lot, block, plat or section, township, range)
N/A
Additional legal is on page of document
ASSESSOR'S PROPERTY TAX PARCEL /ACCOUNT NUMBER
N/A
I Assessor Tax not yet assigned
103
104
Cascade Water Alliance.
Joint Municipal Utility Services Agreement
March 28, 2012
105
"1:
TABLE OF CONTENTS
ARTICLE1. AGREEMENT
ARTICLE2. DEFINITIONS ..............................2
ARTICLE 3. FORMATION OF ENTITY; PURPOSE AND POWERS ..............................5
Section3.1 Formation 5
Section3.2 Membership 6
Section3.3 Purposes 6
Section3.4 Powers
ARTICLE 4. ORGANIZATION STRUCTURE; BOARD ..............................8
Section4.1 Composition, ByLaws and Meetings 8
Section4.2 Powers of the Board 9
Section4.3 Voting 9
Section4.4 Officers and Committees 9
Section4.5 Executive Committee 9
Section4.6 Staff, Consultants and Contractors .............................10
Section4.7 Budget; Dues; Financial Management .............................10
ARTICLE 5. ASSET DEVELOPMENT AND SUPPLY COMMITMENT ...........................10
Section 5.1 Property Acquisition, Ownership and Disposition .............................10
Section5.2 Supply Commitment .............................11
Section5.2.1 Commitment to Members .............................11
Section 5.2.2 Additional Rules for Members Retaining Independent Supply .....................12
Section5.3 Financing of Assets .............................12
Section5.3.1 Issuance of Bonds .............................13
Section5.3.2 Pledge of Revenues .............................13
Section5.3.3 Continuing Disclosure .............................14
Section 5.3.4 Preservation of Tax Exemption for Interest on the Bonds .............................14
Section5.3.5 Additional Certificates .............................14
Section 5.4 Supply Expansions and System Extensions .............................14
Section 5.5 Regional Capital Facilities Charges .............................15
Section 5.6 Transfer Upon Mergers, Consolidations and Assumptions .............................16
ARTICLE 6. NEW INDEPENDENT SUPPLY .............................16
Joint Municipal Utility Services Agreement
a
March 28, 2012
107
ARTICLE 7. ASSET MANAGEMENT .............................16
Section7.1 Supply System Management .............................16
Section7.2 Conservation .............................16
Section7.3 Shortages and Emergency .............................17
Section7.3.1 Shortages .............................17
Successor Entity .............................23
Section7.3.2. Emergency .............................17
AMENDMENTS .............................23
Section7.4
Water Quality .............................18
APPLICABLE LAW AND VENUE .............................23
Section 7.5
Water Supply Rates and Charges .............................18
NO THIRD PARTY BENEFICIARIES .............................23
Section7.6
Franchises and Easements .............................19
SEVERABILITY .............................23
Section7.7
Sales of Water to Non Members .............................19
ENTIRE AGREEMENT
Section 7.8
Payment Procedures; Default; Step -Up Provisions .............................19
EXECUTION .............................25
Section7.8.1 Invoice and Payment .............................19
Section 7.8.2 Default and Step- Up .............................20
ARTICLE8.
PLANNING
20
Section8.1
Water Supply Plan .............................20
Section8.2
Watershed Management Plan .............................21
Section 8.3
System Reliability Methodology .............................21
ARTICLE 9.
DURATION AND DISSOLUTION; WITHDRAWAL .............................21
Section9.1
Duration .............................21
Section9.2
Withdrawals ..:..........................21
Section9.3
Disincorporation .............................22
Section9.4
Successor Entity .............................23
ARTICLE 10.
AMENDMENTS .............................23
ARTICLE 11.
APPLICABLE LAW AND VENUE .............................23
ARTICLE 12.
NO THIRD PARTY BENEFICIARIES .............................23
ARTICLE 13.
SEVERABILITY .............................23
ARTICLE 14.
ENTIRE AGREEMENT
23
ARTICLE15.
EXECUTION .............................25
Joint Municipal Utility Services Agreement ii March 28, 2012
1:
CASCADE WATER ALLIANCE
JOINT MUNICIPAL UTILITY SERVICES AGREEMENT
RECITALS
A. WHEREAS, the Members of Cascade Water Alliance "Cascade entered into an Interlocal
Contract "Interlocal Contract effective April 1, 1999, and amended and restated on December 15,
2004, and on October 26, 2011. Under the Interlocal Contract, Cascade was created as a public body and
an instrumentality of its Members, which exercised essential governmental functions on its Members'
behalf as authorized by the Interlocal Cooperation Act (Chapter 39.34 RCW), and has been functioning as
a watershed management partnership, as authorized by RCW 39.34.200. Cascade was incorporated as a
public nonprofit corporation in the manner set forth in the Nonprofit Miscellaneous and Mutual
Corporations Act (Chapter 24.06 RCW).
B. WHEREAS, Section 3.3 of the Interlocal Contract provides that Cascade may be converted
into a separate municipal corporation if and as permitted by law, and that upon the creation of such a
separate municipal corporation, all Cascade rights and obligations and all Member rights and obligations
shall transfer to that new-municipal corporation. Section 10.4 of the Interlocal Contact provides that
"upon a 65 percent Dual Majority Vote (ratified within 120 days by 65 percent), as measured by Dual
Majority Vote of the Members' legislative authorities, all assets, liabilities, and obligations of Cascade
may be transferred to any successor entity (including, without limitation, a joint operating agency or other
municipal corporation, as permitted under state law), and all obligations of Members and parties
contracting with Cascade become obligations to the successor entity." Cascade's Board resolutions also
reserved Cascade's right to convert into a municipal corporation.
C. WHEREAS, the Washington Legislature enacted the Joint Municipal Utilities Services Act,
(Chapter 258; Laws of 2011), codified as Chapter 39.106 RCW "the Act which provides in RCW
39.106.080 for the conversion of existing an intergovernmental entity formed under the Interlocal
Cooperation Act (Chapter 39.34 RCW) into a joint municipal utility services authority under the Act, if-
The public agencies that are parties to an existing interlocal agreement would otherwise be
eligible to form an authority to provide the relevant utility services;
Those public agencies amend, restate, or replace that interlocal agreement so that it materially
complies with the requirements of RCW 39.106.050;
The amended, restated, or replacement agreement is filed with the Washington state secretary
of state consistent with RCW 39.106.030; and
The amended, restated, or replacement agreement expressly provides that all rights and
obligations of the entity formerly existing under Chapter 39.34 RCW or other applicable law
will thereafter be the obligations of the new authority created under Chapter 39.106 RCW.
Joint Municipal Utility Services Agreement
March 28, 2012
109
D. WHEREAS, under the Act, upon compliance with the requirements set forth in Recital C
above, the new joint municipal utility services authority shall be a successor of the former
intergovernmental entity for all purposes, and all rights and obligations of the former entity shall transfer
to the new joint municipal utility services authority. Those obligations shall be treated as having been
incurred, entered into, or issued by the new joint municipal utility services authority, and those
obligations shall remain in full force and effect and shall continue to be enforceable in accordance with
their terms.
E. WHEREAS, in accordance with Sections 3.3 and 10.4 of the Interlocal Contract, Cascade's
Members (who are all public agencies that are parties to an existing interlocal agreement are otherwise
eligible to form a joint municipal utility services authority under the Act to provide the relevant utility
services.
F. WHEREAS, Cascade's Members intend to amend and restate the Interlocal Contract in
compliance with the Act in order to convert Cascade into a joint municipal utility services authority.
G. WHEREAS, Cascade's Members intend to transfer all Cascade rights, assets, liabilities, and
obligations to the joint municipal utility services authority, to be created as provided herein.
H. WHEREAS, Cascade's Members intend that, as a joint municipal utility services authority, it
will constitute a municipal corporation and will no longer function as a watershed management
partnership.
NOW, THEREFORE, it is agreed by Cascade Members as follows:
ARTICLE 1. Agreement.
Effective upon approval by 65 Dual Majority Vote of the Board (as ratified within one
hundred and twenty (120) days of such Dual Majority Vote by 65% Dual Majority of the Members'
legislative authorities) the Interlocal Contract is hereby amended and restated as provided herein under
the authority of the Act and shall be known as the Cascade Water Alliance Joint Municipal Utility
Services Agreement.
ARTICLE 2. Definitions.
"Act" means the Joint Municipal Utilities Services Act, codified as Chapter 39.106 RCW, or as
hereafter amended.
"Agreement" means this Joint Municipal Utilities Services Agreement.
"Asset Transfer Agreement" means an agreement between Cascade and a Member by which
the Member transfers title to Water Supply Assets to Cascade, with or without monetary consideration, to
be operated and maintained as part of the Cascade Water Supply System.
"Authority" means a joint municipal utility services authority formed under the Act and the
successor in interest to Cascade as an interlocal agency.
Joint Municipal Utility Services Agreement
March 28, 2012
"Authorized Issuer" means either: (a) Cascade (or a successor entity); or (b) a Member or other
entity authorized to issue Bonds for the benefit of Cascade approved by Resolution of the Board.
"Board" means the Board of Directors of Cascade.
"Bonds" means short-term or long -term bonds, notes, warrants, certificates of indebtedness, or
other obligations issued by, or on behalf of Cascade.
"ByLaws" means the ByLaws of Cascade, as adopted and amended by the Board.
"Cascade" means Cascade Water Alliance, a joint municipal utilities services authority.
"Cascade ERUs" ("CERUs means equivalent residential units, calculated according to the
Regional Capital Facilities Charge Methodology.
"Cascade Supply Date" means the date, established by a Resolution of the Board for each
Member upon which Cascade undertakes a Supply Commitment.
"Demand Share" means either a Member's current share of water provided through the Supply
System, or estimated share of water to be provided through the Supply System, whether Full Supply or
Interruptible Supply, expressed in millions of gallons per day. Demand Share is calculated according to
the Rate Calculation Methodology.
"Dual Majority Vote" means Board approval of a proposal on the basis of a simple majority of
all Members, allowing one vote per Member, together with a simple majority of all Members on the basis
of each Member's Weighted Vote. A "simple majority" means a majority of all Members of Cascade, not
just the Members present and voting.
11 65% Dual Majority Vote" means Board approval of a proposal on the basis of a 65%
supermajority of all Members, allowing one vote per Member, together with 65% supermajority of all
Members on the basis of each Member's Weighted Vote. A "supermajority" means 65% of all Members
of Cascade, not just the Members present and voting.
"Gross Cascade Revenue" means all of the earnings and revenues received by Cascade from
any source whatsoever including but not limited to: (a) Member Charges; (b) revenues from the sale,
lease or furnishing of commodities, services, properties or facilities; (c) the receipt of earnings from the
investment of money in any maintenance fund or similar fund; and (d) withdrawals from any rate reserve
or rate stabilization fund or account.
However, Gross Cascade Revenue shall not include: (a) principal proceeds of Bonds or any other
borrowings, or earnings or proceeds from any investments in a trust, defeasance or escrow fund created to
defease or refund obligations relating to the Water Supply System (until commingled with other earnings
and revenues included in Gross Cascade Revenue) or held in a special account for the purpose of paying a
rebate to the United States Government under the Code; (b) taxes and other income and revenue which
may not legally be pledged for revenue bond debt service; (c) improvement district assessments; (d)
federal or state grants allocated to capital projects; (e) payments under Bond Insurance or other credit
enhancement policy or device; (f) insurance or condemnation proceeds used for the replacement of capital
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111
projects or equipment; (g) earnings in any construction fund or bond redemption fund; (h) deposits to any
rate reserve or rate stabilization fund or account; or (i) any revenues generated by any Independent Supply
except those amounts that are payable to Cascade pursuant to this Agreement or another agreement.
"Independent Supply" or "Independent Supplies" means a Member's Water Supply Assets
that are not part of the Supply System.
"Joint Municipal Utilities Services Act" or "Act" means Chapter 39.106 RCW, or as hereafter
amended.
"Member" or "Members" means one or more member agencies of Cascade.
"Member Charges" means all payments that Cascade Members are required by this Agreement
to make to Cascade, including but not limited to all Rates and Charges, RCFCs, dues, assessments and
other payments from Members.
"Net Cascade Revenue" means Gross Cascade Revenue less Operations and Maintenance Costs.
"Non- Member" means any person or agency that is not a party to this Agreement.
"Operations and Maintenance Costs" or "O &M Costs" means all expenses incurred by
Cascade to operate and maintain the Supply System in good repair, working order and condition,
including without limitation, payments made to any other public or private entity for water or other utility
service. Except as approved by the Board, Operations and Maintenance Costs shall not include any
depreciation, capital additions or capital replacements to the Supply System.
"Rates and Charges" means the rates and charges (not including RCFCs) chargeable to each
Member using the Rate Calculation Methodology plus any late payment or other charge that may be due.
"Rate Calculation Methodology" means the method of setting Rates and Charges adopted by
the Board in accordance with Section 7.5
"Regional Capital Facilities Charges" "RCFCs means the charges to each Member for new
CERUs connected to that Member's water distribution system.
"Regional Capital Facilities Charge Methodology" "RCFC Methodology means the
method of determining the RCFCs adopted by the Board in accordance with Section 5.5.
"Satellite Systems" means water supply facilities identified as such by the Board, including but
not limited to facilities that serve a portion of a Member's customers but that are not part of the Member's
main water system.
"Shortage Management Plan" means the plan adopted by the Board in accordance with Section
7.3.1.
"Supply Commitment" means the obligation undertaken by Cascade, established by Resolution
of the Board to supply water to a Member. With respect to Members, that obligation shall be
characterized as "Full Supply Commitment," or an "Interruptible Supply Commitment" defined as
follows:
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"Full Supply Commitment" or "Full Supply" for any or all of a Member's water needs means
that those needs, as projected in the Cascade Water Supply Plan and as agreed to by that Member, shall be
met from the Supply System, net of Independent Supply and subject to the other limitations established in
this Agreement, on an equal parity with all other Full Supply Commitments, and with a guaranteed
priority no lower than for any other Supply Commitment made by Cascade; provided that no Member is
guaranteed any given amount of supply or capacity.
"Interruptible Supply Commitment" or "Interruptible Supply" means a supply of all or part
of a Member's water needs from the Supply System on an as- available basis on a lower priority than any
Full Supply Commitment.
The Supply Commitment for a Member shall be defined by this Agreement, the terms and
conditions of membership, and the Supply Commitment resolution.
"Supply System" or "Water Supply System" means the Water Supply Assets owned or
controlled by Cascade.
"Water Supply Assets" means tangible and intangible assets usable in connection with the
provision of water supply, including without limitation, real property, physical facilities (e.g., dams,
wells, treatment plants, pump stations, reservoirs, and transmission lines), water rights, capacity and/or
contractual rights in facilities or resources owned by other entities, and investments in conservation
programs and facilities.
"Watershed Management Plan" means any Watershed Management Plan that existed on the
effective date of the Authority which shall be considered a plan of the Authority.
"Water Supply Plan" or "Cascade's Water Supply Plan" means the Cascade's Regional
Water Supply Plan adopted by the. Board as provided in Section 8.1.
"Weighted Vote" means a vote in which each Member's vote is counted according to the
Member's Demand Share, but no Member shall have a Weighted Vote of less than one.
ARTICLE 3. Formation of Entity; Purpose and Powers.
Section 3.1 Formation. Effective on the date of filing of this Agreement with the
Washington state secretary of state, Cascade shall be a joint municipal utility services authority formed
under the Act; and is the successor for all purposes to the former Cascade created under the Interlocal
Contract as an intergovernmental entity existing under the laws of Chapter 39.34 RCW; and is no longer
functioning as a watershed management partnership. All rights and obligations of the former
intergovernmental entity are transferred to Cascade, the new Authority, which obligations shall be treated
as having been incurred, entered into, or issued by Cascade, the successor, and those obligations
(including without limitation, outstanding Bonds issued by the former Cascade) shall remain in full force
and effect and shall continue to be enforceable in accordance with their terms.
Cascade Water Alliance, as a joint municipal utility services authority, is a municipal corporation.
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Section 3.2 Membership. Subject to restrictions on future Cascade water rights, or to
limitations upon place of use of water supply imposed by contract or permit, any city, town, county,
water -sewer district, public utility district, other special purpose district, municipal corporation, or other
unit of local government of this or another state that provides utility services, and any Indian tribe
recognized as such by the United States government (or as may be allowed by amendments to the Act)
may be admitted as a member of Cascade. The decision to admit new Members rests with the sole
discretion of the Board, which shall determine whether to extend a membership offer taking into
consideration the audit findings (as described in this Section 3.2), Cascade water resources, and any other
factors the Board deems advisable.
When an entity that is eligible for membership under the Act, applies for membership, Cascade
shall conduct a water supply audit according to the methodology and within the period determined by the
Board. Audit results shall be provided to the Board and to the applicant.
If a membership offer is extended, it shall address the nature of the Water Supply Assets being
transferred or retained and the "value" of those assets in terms of the calculation of an applicant's
Demand Share, RCFCs and other matters relating to the rights and obligations of the'applicant and
Cascade, which must be recorded in the form that the Board determines and which will constitute, along
with this Agreement, the conditions under which an applicant becomes a Member of Cascade. An
applicant for membership shall be admitted by adoption of a Resolution of the Board accepting the
application for membership and incorporating the terms and conditions of membership.
Each membership application must be accompanied by a nonrefundable application fee based on
the estimated cost of the audit and other costs related to the admission of a new Member or a request for
new supply. The Board shall set the application fee for each applicant based on the estimated cost of
processing the application, including the cost of the audit.
As a condition of membership, each new Member admitted to Cascade shall, in addition to any
other applicable fees, rates, charges or assessments, pay to Cascade the membership fee, as established by
the Board.
If an applicant's planning process or plans are materially out of compliance with the requirements
of applicable state law, the Board may condition an offer of membership upon the applicant's compliance
with that state law.
Section 3.3 Purposes. Cascade's purposes include those related to water resources, or any
other utility service as allowed under the Act, as authorized by a unanimous vote of the Board, and do not
include the provision of other general services to the public, and are to:
a. provide a safe, reliable and high quality drinking water supply to meet the current and
projected demands of Cascade Members, and for non Members as determined by Cascade,
and to carry out this task in a coordinated, cost effective, and environmentally sensitive
manner;
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114
b. develop, contract for, manage, acquire, own, maintain and operate Water Supply Assets,
including without limitation, surface water supplies, groundwater supplies, reclaimed water
supplies, and other water supply resources as determined by the Board;
c. purchase and provide water supply, transmission services, treatment facilities and other
related services;
d. provide conservation programs to promote the wise and efficient use of resources;
e. carry out emergency water supply and shortage management programs for its Members when
demands exceed available supply;
f. coordinate and plan cooperatively with other regional or local water utilities and other entities
to maximize supply availability and to minimize system costs;
g. develop a Water Supply Plan addressing the needs of Cascade and its Members and Cascade
itself and develop a regional water supply plan with other water providers as Cascade may
find convenient or necessary to meet regional, state and federal planning requirements, and to
take a leadership role in developing and coordinating those supply plans;
It. share costs and risks among Members commensurate with benefits received; and
i, carry out, or to further other water supply purposes that the Members determine, consistent
with the provisions of this Agreement.
Section 3.4 Powers. To further its purposes, Cascade has the full power and authority to
exercise all powers authorized or permitted under the Act and any other laws that are now, or in the future
may be, applicable or available to Cascade and to engage in all activities incidental or conducive to fulfill
the purposes set forth in Section 3.3 of this Agreement, including but not limited to the authority to:
a. acquire, construct, receive, own, manage, lease and sell real property, personal property,
intangible property and other Water Supply Assets;
b. operate and maintain facilities;
c. enter into contracts;
d. administer personnel matters in a manner generally consistent with the laws applicable to a code
city (population over 20,000), to the extent applicable and with discretion left to the Authority, to
the fullest extent otherwise permitted by law, related to the appointment, removal and/or
compensation of officers, the establishment and/or administration of employee health and welfare
benefit programs, and/or the establishment and/or administration of civil service /merit systems,
retirement benefits /systems, and/or pension benefits /systems;
e. sue and be sued;
f. exercise all powers of eminent domain granted under Chapter 8.12 RCW and other applicable
statutes (e.g. Chapter 8.25) now or as hereafter amended;
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g. impose, alter, regulate, control and collect rates, charges, and assessments;
h. purchase and sell water and services within and outside the geographical boundaries of its
Members;
i. borrow money (through its Members or other entities at their individual discretion or as
authorized by the Act and this Agreement now or as hereafter amended), or enter into other
financing arrangements;
j. lend money or provide services or facilities to any Member, other governmental water utilities, or
governmental service providers;
k. invest its funds;
establish policies, guidelines, rules or regulations by either ByLaws or resolution to carry out its
powers and responsibilities;
m. purchase insurance, including participation in pooled insurance and self insurance programs, and
indemnify its Members, its Board of Directors and Alternate Board Members, officers and
employees in accordance with law;
n. exercise all other powers within the authority of, and that may be exercised individually by all of
its Members with respect to water supply, conservation, reuse, treatment and transmission, or any
of the other purposes set forth in Section 3.3;
o. exercise, without limitation, all other corporate powers that Cascade may exercise under the law
relating to its formation and that are not inconsistent with this Agreement or the Act or other
applicable law;
p. for the purposes of contracting and public works, exercise all powers of a code city (population
over 20,000) under RCW 35A.40.200 35A.40.210, now or as hereafter amended;
q. for disposal of surplus property, exercise all powers granted under RCW 35A.11.010, now or as
hereafter amended, to code cities;
r. in the event Cascade charges connection charges or Rates and Charges for services supplied or
available to its customers' property on a retail basis, exercise all powers granted under RCW
57.08.081, now or as hereafter amended, for the establishment of liens; and
s. for purposes of a Cascade code of ethics, exercise all powers of a municipal corporation and
observe the requirements under Chapter 42.23 RCW, now or as hereafter amended.
ARTICLE 4. Organization Structure; Board.
Section 4.1 Composition, ByLaws and Meetings. Cascade is governed by a Board of
Directors consisting of one individual representative appointed by Resolution by each of the Member's
legislative authority. Members may similarly appoint Alternate Board Members. Each Board Member
and each Alternate Board Member must be an elected official of the Member.
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The Board shall adopt ByLaws consistent with this Agreement that specify, among other matters,
the month of Cascade's Annual Meeting, Board powers and duties and those of the Executive Committee,
Standing Committees, Officers and employees.
The Board shall meet as required by the ByLaws, but not less than quarterly.
Section 4.2 Powers of the Board. The Board has the power to take all actions on Cascade's
behalf in accordance with voting provisions set forth in Section 4.3. The Board may delegate or assign to
the Executive Committee or to specific Cascado Officers or employees any action that is not cxprcasly
reserved to the Board under this Agreement.
Section 4.3 Voting. All Board actions must be approved by Dual Majority Vote of all
Members, except where this Agreement requires either a 65% Dual Majority Vote, as provided in
Sections 4.7, 5.5, 7.3, and 7.5; or ratification by the Members' legislative authority, as provided in
Sections 9.3 and 9.4 and Article 10. The Board may act by voice votes, as set forth in the ByLaws. Any
Member may require a recorded tabulation of votes either before or immediately after a voice vote is
taken. Although voting is, in part, based on Weighted Vote, the Members expressly agree that there is
only one class of voting membership, and voting occurs within that single class.
Any Member that has been declared to be in default of its obligations under this Agreement by
the Board shall lose right to vote until the Board has declared the default to be cured.
Section 4.4 Officers and Committees. Cascade Officers shall include a Chair, a Vice Chair,
a Secretary, and a Treasurer. The Chair serves as the chair of the Board (and may be known as the
"President if the ByLaws so designate) and performs those duties set forth in the ByLaws.
The Vice Chair shall perform the duties of the Chair in the Chair's absence and shall perform
other duties as set forth in the ByLaws. The Secretary shall be responsible for Cascade records and
perform other duties as set forth in the ByLaws. The Treasurer shall be responsible for Cascade accounts
and financial records and perform other duties as set forth in the ByLaws.
Consistent with the provisions of this Agreement, the Board may, in the ByLaws, establish
additional Officers and set forth their duties.
The Board may create and appoint Members to Standing Committees and special committees as it
deems appropriate. Committee Members need not be elected officials or employees of Members, but
Standing Committee Chairs must be Board Members or Alternate Board Members.
Section 4.5 Executive Committee. The Chair, Vice Chair, Secretary, and Treasurer shall
constitute Cascade's Executive Committee. The Chair (or acting Chair) shall vote on matters before the
Executive Committee only if necessary to break a tie. The Executive Committee's duties and
responsibilities are set forth in the ByLaws. The Executive Committee shall not have the power to:
a. approve any contract for a term longer than three (3) years;
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b. approve any contract involving expenditure by, or revenue to Cascade in excess of such
amounts and under such circumstances as set forth in the ByLaws;
C. retain or dismiss the chief executive officer or determine the chief executive officer's
compensation; or
d. take any actions expressly reserved to the Board by this Agreement or the ByLaws.
The Executive Committee shall have the authority, if necessary, to avoid default on any Bond, to
withdraw from any capital reserve fund or rate stabilization fund, an amount equal to the amount
necessary to avoid a default and to authorize payment of that amount to avoid default.
Section 4.6 Staff, Consultants and Contractors. Cascade staff shall consist of a chief
executive officer and other positions established by resolution of the Board. The Board shall appoint,
designate the title of, and establish the compensation range of the chief executive officer. The Board shall
hire auditors for Cascade. The chief executive officer may hire all other staff and consultants, and those
appointments may be subject to ratification by the Board or the Executive Committee if the ByLaws so
provide. The Board may also provide that administrative, professional or technical services be performed
by contract.
Section 4.7 Budget; Dues; Financial Management. The Board shall approve a budget for
each fiscal year, determining Cascade's revenues and expenditures no later than sixty (60) days before the
beginning of the fiscal year in which that budget will be in effect. The budget shall be developed and
approved according to a schedule established by the ByLaws. The budget must identify the levels of
Member Charges on which revenue projections are based. The Board may amend the budget.
Each Member shall pay dues to defray part or all of Cascade's administrative costs based on the
number of CERUs served by its water system, regardless of water usage or capacity, and regardless of
whether those units are served by the Supply System or by Independent Supply. Total administrative
dues collected from all Members may not exceed nine percent (9 of Cascade's revenue requirement.
This limit may be amended in the budget by a 65% Dual Majority Vote of the Board. The Board may
establish minimum dues per Member and may provide that less than all of a Member's CERUs be taken
into account in establishing dues.
All Cascade books and records shall be open to inspection by the Washington State Auditor.
The Board shall approve, by Resolution, the treasurer of Cascade, which may be the treasurer or
chief finance officer of any Member, or the treasurer of any Washington county in which any Member is
located; or, if the total number of utility customers of all of the Members of Cascade is greater than two
thousand five hundred (2,500), the treasurer may be an officer or employee of Cascade (or as may be
allowed by amendments to the Act).
ARTICLE 5. Asset Development and Supply Commitment.
Section 5.1 Property Acquisition, Ownership and Disposition. Cascade may construct,
purchase, rent, lease, manage, contract for, or otherwise acquire and dispose of Water Supply Assets and
Joint Municipal Utility Services Agreement 10
March 2S, 2012
other assets. Cascade may control and manage both the assets it owns and the assets that are owned by
Members that have transferred control and management of those assets to Cascade. This Agreement does
not vest in Cascade any authority with respect to Members' other facilities or assets, such as Water
Supply Assets retained by Members as Independent Supply.
Subject to Cascade's agreement, a Member may transfer to Cascade its title to, or operational
control and management of Water Supply Assets. Water Supply Assets may also be fully retained by
Members as Independent Supply, subject to the provisions of Article 6. At the discretion of the Board,
Cascade may accept title to, or operational control and management.of Water Supply Assets offered by
Members or accept supply assets that constitute all or part of a Member's Satellite System(s). The Board
may accept supply assets subject to the terms and conditions arranged between Cascade and the Member,
based on the result of the audit process and mutual needs.
Cascade may enter into Asset Transfer Agreements which shall provide for the terms and
conditions of. (a) Cascade's operation of the transferred Water Supply Asset with respect to the Member
transferring the asset; (b) Cascade's operation, maintenance and replacement of the Water Supply Asset
as part of the Supply System; (c) return or disposition of the Water Supply Asset if Cascade terminates its
existence or the Member withdraws; (d) continuation of service (if appropriate) to Members or fonner
Members by the Member receiving the Water Supply Asset at reasonable rates. and charges or payment to
Cascade of the cost of replacing the Water Supply Asset; and (e) such other conditions as the Board and
the Member agree upon.
Subject to Cascade's agreement, a Member that transfers title or operation, control and/or
management to Cascade of any Water Supply Asset shall be deemed to also transfer, assign and/or
convey the franchises, if any, associated with that Water Supply Asset.
Members shall not be deemed to hold legal ownership rights in any Water Supply Assets owned
by Cascade whether those Water Supply Assets have been developed by, purchased by, or transferred to
Cascade, and regardless of the accounting treatment of RCFC payments and other payments made to
Cascade.
Section 5.2 Supply Commitment
Section 5.2.1 Commitment to Members.. Beginning on the Cascade Supply Date,
Cascade shall provide a Supply Commitment to each Member. Cascade shall provide a Full Supply
Commitment to a Member that joins with Water Supply Assets sufficient to provide for its needs during
the following fifteen (15) years (whether or not those Water Supply Assets are transferred to Cascade or
retained as Independent Supply.)
Any Full Supply Commitment shall be subject to water shortages, to Cascade's ability to
implement the Water Supply Plan, and to the portion of the Member's needs that can be served by the
audited capacity of its Independent Supply. If the needed supply is not available, the shortage shall be
shared by all the Members in accordance with Cascade's Shortage Management Plan, except as otherwise
provided in Section 5.5. Cascade shall be obligated to provide water supply to the entire service area of
each Member (as that service area is defined in terms under which the Member is admitted or as in the
Joint Municipal Utility Services Agreement I 1 March 28, 2012
M
Member's adopted and approved Water System Plan as of the Effective Date of this Agreement), whether
or not some of that service area is within the Member's current jurisdictional boundaries and/or within the
current urban growth boundary. Cascade is not obligated to provide water supply to service area
expansions in or outside the urban growth boundary, unless Cascade agrees to such expanded service
area. Cascade is not obligated to provide increased water supply to any Member if it is determined that
the Member's planning process or plans are materially out of compliance with the requirements of
applicable state law.
A Member that joins with Water Supply Assets insufficient to provide for its needs for fifteen
(15) years receives the Full Supply it desires only if, when, and to the extent it is available within
reliability standards determined by Cascade's system reliability methodology. If sufficient Full Supply is
not available within reliability standards determined by Cascade's system reliability methodology, the
Member receives partial Full or Interruptible Supply, and Full Supply must be provided within fifteen
(15) years. Cascade shall then undertake to include in Cascade's Water Supply Plan, and to acquire the
facilities or other assets necessary in the Board's determination to provide for the identified deficit. If
Cascade fails to develop sufficient assets to timely provide the increased Full Supply, the commitment
becomes a Full Supply Commitment at the end of that fifteen -(15) year period, and any shortage shall be
shared by all Members in accordance with Cascade's Shortage Management Plan.
If multiple Members request new Full Supply, requests must be honored in the order received
(i.e., in the order in which application is made accompanied by the application fee). With respect to new
Members, requests for Full Supply "vest" no earlier than the date that membership is effective. In cases
of conflict or ambiguity, the Board may determine the order of requests.
Section 5.2.2 Additional Rules for Members Retaining Independent Supply. Members are
not required to share shortages resulting from the loss of all or part of Independent Supply, although
Cascade may make Interruptible Supply available to a Member that loses Independent Supply at prices
that are consistent with the price of Interruptible Supply being made available to others at that time.
Cascade may at any time and at its cost and expense carry out audits of a Member's Independent Supply.
A Member requesting an additional Full Supply Commitment due to loss of Independent Supply
shall make that request by Resolution of the requesting Member's legislative authority. When and as
determined by the Board, the Member shall pay an amount equal to the RCFCs allocable to the number of
CERUs that can be served by the replacement supply provided or to be provided by Cascade. Cascade
shall then include the supply in its Water Supply Plan, and provide the supply when it becomes available,
but in any event within fifteen (15) years. If, within fifteen (15) years the supply is not available,
Cascade's commitment becomes a Full Supply Commitment and any shortage with respect to that supply
must be shared by all the Members in accordance with the Shortage Management Plan, except as
otherwise provided in Section 7.3.
Section 5.3 Financing of Assets. The acquisition of new capital facilities and other Water
Supply Assets may be financed using RCFCs, transfers or Water Supply Assets, Rates and Charges, the
issuance of revenue Bonds and such other sources as the Board may deem appropriate.
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Section 5.3.1 Issuance of Bonds. An Authorized Issuer may issue Bonds payable from and
secured solely by all or a portion of Net Cascade Revenue, evidencing indebtedness up to an amount
approved by Resolution for the Board in order to provide financing or refinancing to acquire, construct,
receive, own, manage, lease or sell real property, personal property, intangible property and other Water
Supply Assets, to establish debt service reserves, to provide for capitalized interest and to pay the costs of
issuance of, and other costs related to the issuance of the Bonds. Such Bonds shall be payable solely from
all or a portion of the Net Cascade Revenue or (if the Authorized Issuer is other than Cascade) from
payments to be made by Cascade out of all or a portion of Net Cascade Revenue, and such Bonds shall
not pledge the full faith and credit or taxing power or, except as expressly provided by contract, the
revenue, assets or funds of any Member.
Members serving as Authorized Issuers may conduct the financing through "separate systems"
permitted by their applicable bond resolutions, or in some other appropriate manner, and Cascade may
compensate those Members for all costs associated with the financing. Bond related documents of
Authorized Issuers other than Cascade must expressly permit the Bonds to be refunded or prepaid without
penalty prior to their stated maturity, on and after such dates as are approved by the Authorized Issuer and
the Board, to allow for a transfer of the obligation to Cascade or to Cascade's successor entity, including
without limitation, a joint operating agency or similar entity, as may be permitted by law.
Section 5.3.2 Pledge of Revenues. For as long as any Bonds payable from Net Cascade
Revenue (or any portion thereof) are outstanding, Cascade irrevocably pledges to establish, maintain and
collect all Member Charges in amounts sufficient to pay when due the principal of and interest on the
Bonds (and, if the Authorized Issuer is other than Cascade, in addition to the foregoing pledge, to pledge
to make timely payments to that Authorized Issuer for the payment of principal of and interest on the
Bonds), together with amounts sufficient to satisfy all debt service reserve requirements, debt service
coverage requirements, and other covenants with respect to the Bonds.
Each Member hereby irrevocably covenants that it shall establish, maintain and collect rates, fees
or other charges for water and other services, facilities and commodities related to the water supply it
receives from Cascade and/or its water utility at levels adequate to provide revenues sufficient to enable
the Member to: (a) make the payment required to be made under this Agreement; and (b) pay or provide
for payment of all other charges and obligations payable from or constituting a charge or lien upon such
revenues. Each Member hereby acknowledges that this covenant and its covenant in Section 7.9 of this
Agreement may be relied upon by Bond owners, consistent with this Agreement.
Each Member shall pay the Member Charges imposed on it whether or not the Water Supply
Assets to be financed through the issuance of Bonds are completed, operable or operating, and
notwithstanding the suspension, interruption, interference, reduction or curtailment in the operation of any
Water Supply Assets for any reason whatsoever, in whole or in part. Member Charges shall not be
subject to any reduction, whether by offset or otherwise, and shall not be conditioned upon the
performance or nonperformance of any Member, or of any entity under this or any other agreement or
instrument. However, credits against future RCFCs and Rates and Charges described in Sections 5.5 and
7.5, respectively, for development or addition of excess capacity that is either transferred to Cascade or
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retained as Independent Supply, shall not be considered "offsets" or "reductions" for the purposes of this
Section.
If, in connection with the issuance of obligations, any Member establishes a new lien position on
revenues relating to its water utility, that Member shall covenant in the relevant documents that the
amounts to be paid to Cascade as Member Charges shall be treated either: (a) as part of that Member's
internal operation and maintenance costs payable prior to debt service on those obligations; and/or (b) for
any portion of those Member Charges that is allocable to capital costs, as a contract resource obligation
payable prior to debt service on those obligations. If any Member has existing outstanding revenue
obligations relating to its water utility, it shall include substantially similar "springing covenants" in the
documents relating to any new parity obligations.
Section 5.3.3 Continuing Disclosure. To meet the requirements of United States Securities
and Exchange Commission "SEC Rule 15c2- 12(b)(5) (the "Rule as applicable to a participating
underwriter for any Bonds and any obligation of each Member as an "Obligated Person" under the Rule,
Cascade and each Member agree to make an appropriate written undertaking, respectively, for the benefit
of holders of the Bonds consistent with the requirements of the Rule.
Section 5.3.4 Preservation ofTax Exemption for Interest on the Bonds. Each Member
covenants that it will take all actions necessary to prevent interest on tax exempt Bonds from being
included in gross income for federal income tax purposes, and it will neither take any action nor make or
permit any use of proceeds of tax exempt Bonds or other funds treated as proceeds of those Bonds at any
time during the term of those Bonds that will cause interest on those Bonds to be included in gross
income for federal income tax purposes.
Section 5.3.5 Additional Certificates. Each Member further agrees to provide such
certificates or verifications as are reasonably requested by an Authorized Issuer in connection with the
issuance of Bonds under this Section.
Section 5.4 Supply System Development. Cascade must provide for Supply System
development to meet the needs of additional water customers of Members, subject to consistency with
applicable state law, Cascade's Water Supply Plan, orderly asset development, reasonable cost and
financing capacity. The Board shall establish a water supply development process, including criteria
governing the evaluation of new projects, and that process must promote equality of costs and services
(other than direct local services), regardless of geographic location. The results of the water supply
planning process must be reflected in Cascade's Water Supply Plan. The Board shall have the authority
to undertake new projects identified in Cascade's Water Supply Plan for the expansion of Water Supply
Assets and regional transmission system extensions to meet Members' projected needs. To reduce costs,
Cascade may, to the extent that the Board deems advisable, enter into agreements with Members to wheel
water through their existing systems. When facilities are constructed that are used partially by Cascade
for wheeling water and partially by Members or other entities for their purposes, the Board may
determine an appropriate Cascade contribution to the cost of those facilities. Existing arrangements
Joint Municipal Utility Services Agreement 14 March 28, 2012
122
among Members (and between Members and Non Members), in place when a Member joins Cascade,
remain unaffected except as otherwise agreed between Cascade and the other entities concerned.
Section 5.5 Regional Capital Facilities Charges. To allocate growth costs to those
Members that require capacity increases, each Member shall pay to Cascade an RCFC for each new
CERU connected to its water distribution system. Growth in water usage by existing CERUs is not
subject to RCFCs unless that growth constitutes a CERU increase as provided in the RCFC Methodology.
Members with a supply deficit must pay an RCFC commensurate with that deficit. To the extent that a
Member transfers to Cascade or retains an Independent Supply water supply in excess of its needs, it
receives a corresponding credit against fixture RCFCs.
A new Member with adequate supply shall commence paying RCFCs fifteen (15) years prior to
the date that its Water Supply Assets are projected to be insufficient to provide for its needs as determined
by the Board (taking into consideration the results of the Water Supply Audit).
A Member that joins with Water Supply Assets that are projected to be insufficient to provide for
its needs for fifteen (l 5) years shall immediately pay RCFCs for the number of CERUs representing the
deficit as determined by the Board.
RCFCs shall be calculated according to the RCFC Methodology, which shall define the analytical
steps required to calculate the RCFCs according to the average unit cost of past construction of the
existing system plus the Supply System improvements planned at the time of the calculation. The
methodology shall provide for an annual escalator, recalculation and update not less frequently than every
fifth year, and a methodology for determining CERUs. The RCFCs shall be imposed on the Member for
each new CERU of that Member in accordance with the terms of this Agreement. Amendments to the
RCFC Methodology shall require a 65% Dual Majority Vote.
If a Member owns Water Supply Assets or transfers Water Supply Assets to Cascade under
Section 5. 1, to the extent the audited capacity of those assets exceeds the Member's needs, that Member
shall receive a credit against future RCFCs. If a Member seeks to transfer assets substantially in excess of
its foreseeable needs, Cascade may negotiate appropriate compensation arrangements for the transfer.
Members that develop new Independent Supply that is approved by the Board in accordance with
Article 6, similarly receive a credit effective when the Independent Supply is placed in service as
determined by the Board.
A Member that accepts ownership of a Satellite System that Cascade agrees to serve shall pay an
RCFC for the amount of supply needed to serve that system in excess of its rated capacity.
Members that experience a net reduction in the number of CERUs served shall receive a CERU-
for-CERU credit against future RCFCs.
RCFC credits may not be transferred among Members without Board approval.
Members shall not be required to pass RCFCs to their customers as capital facilities charges, but
may provide for the payment of RCFCs in whatever manner they deem appropriate.
Joint Municipal Utility Services Agreement 15 March 28, 2012
123
For Members joining with an unmet net supply need, Cascade may, under circumstances
determined by the Board, require the prepayment of RCFCs allocable to the full amount of the requested
supply, e.g., when funds are needed to begin the construction of facilities immediately.
Section 5.6 Transfer Upon Mergers, Consolidations and Assumptions. If (a) two or more
Members merge or consolidate; (b) a Member or a Non Member assumes jurisdiction of part or all of a
Member; or (c) a Member assumes jurisdiction of part or all of a Non Member, the jurisdictions' water
supply rights from and obligations to Cascade shall be transferred or assumed under applicable law and
consistent with the requirements of this Agreement and the obligations of Cascade.
ARTICLE 6. New Independent Supply.
Members may not bring new Water Supply Assets on -line as Independent Supply without Board
approval. That approval may be granted or denied following an evaluation process, based on whether the
Board determines that development of the proposed Independent Supply will benefit or be adverse to the
interests of the Members as a whole. Recognizing that in certain circumstances the acquisition of
additional Independent Supply might benefit (or cause no material harm to) the Members, new supplies
under one (1) MGD may be approved by the Board regardless of the provisions of the Water Supply Plan
and without a formal evaluation process. New supplies in amounts greater than one (1) MGD must be
described in and be consistent with the Water Supply Plan.
Members that have invested in the development of new Independent Supply assets may offer to
sell their interest in such assets to Cascade. Cascade may, in its sole discretion and subject to mutually
agreeable terms and conditions, purchase the Member's interest in such Independent Supply asset by
reimbursing or otherwise compensating the Member for its investment in the project to the extent that
investment has been capitalized. Once Cascade has purchased a Member's interest in a project, the
project will be considered a Water Supply Asset of Cascade and will be incorporated into the Water
Supply Plan.
ARTICLE 7. Asset Management.
Section 7.1 Supply System Management. Cascade is responsible for managing, on behalf
of all Members, the Supply System. Cascade is not responsible for managing Independent Supply unless
it has expressly agreed to do so. Supply System management responsibilities shall be governed by
Cascade's system management plan adopted by the Board. Cascade's system management plan concerns,
without limitation, matters such as daily system operations and maintenance, interface with other supply
providers, contractual obligations, water quality, billing, management and administration. Cascade may
delegate and/or contract out its Supply System responsibilities.
Cascade must manage the Supply System in compliance with applicable laws, regulation, and
Cascade's minimum service standards.
Section 7.2 Conservation. Cascade shall develop and carry out, and Members must
participate in, water conservation programs that are uniform among Members. The Board shall develop
Joint Municipal Utility Services Agreement 16 March 28, 2012
124
and implement a Cascade conservation management plan that provides a mandatory base conservation
program that functions to reduce both average and peak demands and may establish a charge or
assessment to fund development and implementation of the program. Members may implement
additional conservation programs. The Board may adopt wholesale charges in addition to normal
Demand Share charges to encourage resource conservation. The Board may also provide or contribute to
additional local conservation programs that are not offered to all Members, and these local programs may
be locally funded or funded by Cascade. Members that fail to comply with base programs as set forth in
Cascade's conservation management plan may be required to assume a disproportionate reduction in
water supply or to pay penalty charges, or both.
Section 7.3 Shortages and Emergency.
Section 7.3.1 Shortages. Members must respond to water shortages in a collective,
shared fashion under a Cascade Shortage Management Plan adopted by the Board. Resources must be
shared in a manner that reduces the risk of severe shortages to each Member. Cascade's Shortage
Management Plan may include without limitation, a definition and classification of shortages, a shortage
contingency plan including mandatory programmatic actions among all Members in the event of
shortages, allocation of authority for determining and. responding to shortages, and a communications and
outreach program for the public. Members shall not be required to implement Cascade's Shortage
Management Plan in areas not served by the Supply System.
.In the event of shortages, Cascade shall reduce or halt Interruptible Supply before invoking the
Shortage Management Plan with respect to all Members with a Full Supply Commitment. However, the
Board may, by 65% Dual Majority Vote, continue service in the amounts it deems appropriate to one or
more Members receiving Interruptible Supply.
The Board may require that Members failing to comply with mandatory shortage management
programs implemented under Cascade's Shortage Management Plan assume a disproportionate reduction
in supply or pay penalty charges, or both.
In the event of a Cascade -wide water shortage, Members with Independent Supply may, without
penalty, decline to participate in the shortage management program for that shortage by foregoing all
supply from Cascade for the duration of the emergency or shortage.
To avoid shortages resulting from emergencies or the inability to develop sufficient supplies, the
Board tray, by 65% Dual Majority Vote, establish moratoria on connections or additional commitments
for future water services by the Members. A moratorium may be discontinued by a Dual Majority Vote
of the Board.
Section 7.3.2. Emergency. The Board shall include in Cascade's Shortage
Management Plan policies and procedures for addressing short -term disruptions of water supply,
transmission or water quality, and it may delegate to the chief executive officer authority to address such
disruptions according to such policies and procedures.
Joint Municipal Utility Services Agreement 17
March 28, 2012
125
Section 7.4 Water Quality.
In addition to agreements under 5.1 of this Agreement, Cascade shall be responsible for water
quality that meets or exceeds all federal or state requirements at the point of delivery from Cascade to the
Member, consistent with applicable laws and regulations. Cascade assumes source water quality
responsibility and liability with respect to Water Supply Assets under its ownership or control (including
water wheeled to a Member through another Member's facilities). Cascade is also responsible for
preparing and carrying out water quality activities compatible with the water quality requirements of
regional water suppliers integrated with Cascade's system (e.g., 'Tacoma, Everett, and Seattle).
Cascade may, in its sole discretion, determine and adjust the appropriate method and level of
treatment of water that it supplies, so long as that water meets applicable state and federal requirements.
If water that it supplies meets those requirements, Cascade shall not be obligated to adjust the method or
level of treatment so that the water can be more readily blended with a Member's Independent Supply or
more readily transmitted through a Member's internal system. Each Member shall remain responsible for
water quality within its respective distribution system, assuining that adequate water supply quality is
provided by Cascade at the point of delivery from Cascade:
Each Member shall be responsible for all costs related to making water supplied by Cascade
compatible with that Member's internal system, including but not limited to, costs of additional treatment.
Section 7.5 Water Supply Rates and Charges. The Board shall set Rates and Charges
according to a Rate Calculation Methodology adopted from time to time by the Board. The Rate
Calculation Methodology for Members' Supply Commitment shall provide for the definition and
calculation of Demand Shares and for a uniform pricing structure with a commodity charge and fixed
charges allocated by Demand Share.
Cascade may sell water to a Non Member under terms and conditions established by a 65% Dual
Majority Vote of the Board. Revenue received from the sale of water to Non Members shall be used to
offset or reduce Rates and Charges to Members to the extent practicable, except that such revenue need
not be treated as reducing or offsetting those amounts that are necessary for the payment of debt service
on Bonds and for the provision of reserve and coverage requirements for the Bonds.
A Member shall be assigned a Demand Share based on the Board's best estimate of capacity to be
used by that Member. The Demand Share shall be established based on an audit of that Member's past
three (3) years of water use. After three (3) years as a Member, the baseline demand and capacity
obligation for that Member shall be fixed based on actual experience as a Member. A specific Demand
Share may be set by the Board to account for circumstances, such as (by way of example and not by
limitation) costs of extending the Supply System to a Member, or when Independent Supplies affect
regional demand patterns. When water supply from Cascade is wheeled through a Member to another
Member, Cascade may presume that the first Member receiving the water is the "User" for calculation of
Demand Shares unless the Members concerned instruct Cascade to use a different allocation. Rate credits
for Water Supply Asset transfers are not deducted in the calculation of Demand Shares but are applied to
reduce what a Member would otherwise pay.
Joint Municipal Utility Services Agrecmcnt 18 March 23, 2012
126
The Board must set Member Charges at levels it determines to be sufficient, together with other
available revenue sources, to provide adequately for Operation and Maintenance Costs, Bond debt
service, coverage and other covenants, replacement and renewal of facilities, reserve, and other costs that
the Board deems appropriate. The Board may provide that a Member's failure to participate in the
planning process may result in penalty charges.
A Member that has transferred Water Supply Assets shall receive a credit, determined when those
assets are audited and transferred, based on the useful life of those facilities and on the Member's use of
[lie water produced by those assets or an amount of water equivalent to the amount of supply from them.
The Board may implement wholesale charges (additional to Demand Share -based charges and
variable commodity charges) to reduce extreme peak use (e.g., "peaking -off of the pipe
Water Rates and Charges must be the same for all Members receiving the same class of service
(subject to credits, surcharges and penalty charges).
Section 7.6 Franchises and Easements. Except to the extent otherwise required by state
law, each Member shall provide franchises and rights of way on, under or across that Member's streets or
other property, to Cascade and to other Members for Water Supply Assets, without charging any fees,
rent or charges other than the customary and usual right -of -way permit and inspection fees.
Section 7.7 Sales of Water to Non- Members. Unless approved by the Board, a Member
shall not sell water supplied by Cascade, nor shall a Member sell Independent Supply offset by water
supplied by Cascade to a Non Member. Notwithstanding the foregoing, any Member may sell water
supplied by Cascade to a Non Member to the extent required by a contract in effect as of the date the
Member joins Cascade.
Section 7.8 Payment Procedures; Default; Step -Up Provisions.
Section 7.8.1 Invoice and Payment.
(a) Cascade shall provide each Member with periodic invoices showing the Member Charges
payable by that Member for the billing period and the due date. Invoices shall be provided monthly or on
other such periodic schedule as determined by the Board, but no more frequently than monthly nor less
frequently than once every six months. The Board will determine a due date for all invoices.
(b) Payment of any and all invoices shall be due and payable on or before the due date, and
shall be made by wire transfer or such other means as are agreed to by Cascade and the Member. If a
treasurer, trustee, fiscal agent or escrow agent is appointed in connection with the issuance of Bonds,
Cascade may require, and specify on the invoice, that certain amounts be provided directly to that person
or entity, and the Member shall pay those amounts in the manner and to the person so specified.
(c) If full payment of any invoice is not received on or before the due date, such payment
shall be considered past due and a late payment charge shall accrue for each day that the invoice remains
unpaid. The late payment charge shall equal the product of the unpaid amount and an interest rate
Joint Municipal Utility Services Agreement 19
March 28, 2012
127
established by the Board. Late payment charges shall continue to accumulate until the unpaid amount of
the invoice and all late payment charges are paid in full. Further, if an invoice or any portion thereof
remains unpaid for more than sixty (60) days after the due date, Cascade may pursue any legally available
remedy at law or equity for the unpaid amount, including without limitation, specific performance and
collection of the late payment charge. Cascade's right to enforce payments in this regard may be assigned
to a treasurer, trustee, credit enhancement provider or other entity. Furthermore, upon written notice,
Cascade may reduce or suspend delivery of water until the invoice and late payment charges are paid.
(d) If any Member disputes all or any portion of an invoice, it shall notify Cascade
immediately upon receipt. If Cascade does not concur, the Member shall remit payment of the invoice in
full, accompanied by written notice to Cascade indicating the portions of the invoice that the Member
disputes and the reasons for the dispute. The Member and Cascade: shall make a good faith effort to
resolve such dispute. If the Member fails to remit payment of the invoice in full pending resolution of the
dispute, the prevailing party in an action relating to the collection of that invoice shall be entitled to
reasonable attorney fees and costs.
Section 7.8.2 Default and Step -Up.
(a) If any Member fails to make any payment in full for more than fifty (50) days past the
due date, Cascade shall make written demand upon that Member to make payment in full within ten (10)
days of the date that the written demand is sent by Cascade. If the failure to pay is not cured within the
ten (10) day period, the Member shall be deemed to be in default.
(b) Upon an event of default as described in subsection 7.8.2(a), the other Members shall pay
Cascade (in addition to Member Charges otherwise due) the defaulting Member's Member Charges in
proportion to each remaining Members' Demand Share in accordance with a schedule established by
Resolution of the Board.
(c) The payment of a proportionate share of the existing defaulted Member's Member
Charges by Members shall not relieve the defaulting Member of its liability for those payments. Cascade
shall have a right of recovery from the defaulting Member on behalf of each Member. Cascade may
commence such suits, actions or proceedings at law or in equity, including but not limited to, suits for
specific performance, as may be necessary or appropriate to enforce the obligations of this Agreement
against any defaulting Member. Cascade's right to enforce payments in this regard may be assigned to a
treasurer, trustee, credit enhancement provider or other entity. Amounts recovered by Cascade as
payment of amounts due shall be passed through to each Member in proportion to the share that each
assumed, in cash or in credit, against future Member Charges as the Board shall determine.
(d) The prevailing party in any such suit, action or proceeding, shall be entitled to recover its
reasonable attorney fees and costs.
ARTICLE 8. Planning.
Section 8.1 Water Supply Plan. Cascade must plan for its Members' water supply needs.
That planning shall be compatible with the equivalent planning responsibilities of other wholesale water
Joint Municipal Utility Services Agreement 20 March 28, 2012
128
providers and with state, county and city planning responsibilities under state law. The Board must adopt,
and may from time to time amend, a Water Supply Plan that must be based on no less than a twenty- (20)
year planning horizon. Cascade shall coordinate its planning effort with local and regional utilities and
other appropriate agencies and work to encourage cooperative region -wide planning and coordination.
Each Member shall actively participate in Cascade's water supply planning and shall provide to
Cascade accurate data regarding its facilities and operations together with good faith estimates of future
needs and a description of any involvement in the development of new Independent Supplies. Each
Member's water comprehensive or system plan shall be consistent with any plans adopted by Cascade,
and shall be consistent with applicable requirements of state law and comprehensive plans.
Section 8.2 Watershed Management Plan. Upon the effective date of formation of the
Authority under Article 3 of this Agreement, Cascade will no longer be a Watershed Partnership under
RCW 39.34; and any Watershed Management Plans existing on the effective date shall become the plans
of the Authority. Nothing herein shall limit Cascade's powers to adopt Watershed Management Plans or
to enter into interlocal agreements thereafter.
Section 8.3 System Reliability Methodology. Cascade shall develop and adopt a system
reliability methodology for planning, operation, and management purposes.
ARTICLE 9. Duration and Dissolution; Withdrawal.
Section 9.1 Duration. Except as provided in Section 9.3, Cascade shall remain in existence
for the longer of the following: (a) the period it holds any assets; (b) the period during which Bonds are
outstanding; or (c) the period it continues to include Members.
Section 9.2 Withdrawals. A Member may notify Cascade of its intent to withdraw by
delivery to Cascade of a Resolution of its legislative authority expressing such intent. Upon receipt of
such Resolution, the Member shall lose its right to vote and the Board shall determine (a) the withdrawing
Member's allocable share of the cost of the then existing obligations of Cascade; and (b) the withdrawing
Member's obligations to Cascade. "Then- existing obligations of Cascade" means obligations or costs
incurred by Cascade as of the date the Member's withdrawal notice is received, including but not limited
to, Bond obligations, contract obligations, and cash financed capital projects; provided that a withdrawing
Member's allocable share shall in no event include an obligation for future expenses for which Cascade
has not incurred a legal obligation; and provided further, that to the extent the Member's obligation (with
respect to such costs) is re -paid over time, the Member shall be entitled to a credit for supply abandoned
by the Member and is otherwise used by Cascade. A "withdrawing Member's obligation to Cascade"
includes but is not limited to, the Member's share of fixed operating costs, any other expenses contained
in Cascade's adopted budget for that year, and any assessments or other similar charges lawfully imposed
by Cascade. For purposes of the preceding sentence, "fixed operating costs" shall be determined in the
year of withdrawal, and the Member's obligation with respect to such costs shall be limited only to that
amount required to pay for supply abandoned by the Member and not otherwise used by Cascade.
Joint Municipal Utility Services Agreement 21 March 28, 2012
129
The allocable share of cost or obligations shall be determined by the Board, taking into
consideration as deemed applicable by the Board: (a) the ratio of the Member's Demand Share to total
Member demand; (b) the ratio of the Member's contribution to Cascade revenue to total Cascade revenue
including RCFCs; (c) the cost or a portion of the cost of capital projects or facilities specially benefiting
the Member; and (d) and any other factor the Board deems appropriate to consider. The Member's
withdrawal shall be effective on payment of such allocable share or provision for arrangements to pay
such allocable share that are satisfactory to the Board. Until the effective date of withdrawal, the Member
shall continue to comply with all applicable provisions of this Agreement.
Upon withdrawal, except as provided in an Asset Transfer Agreement, the withdrawing Member
shall have no right to, or interest in any Water Supply Assets owned by Cascade. The withdrawing
Member shall be deemed to have abandoned any and all rights to service, to the use of Cascade Water
Supply Assets or other rights with respect to Cascade (except as otherwise expressly provided in this
Agreement).
Notwithstanding the provisions of this Section 9.2, Cascade will, upon the withdrawal of a
Member that has transferred operational control and management of (but not title to) an, Independent
Supply Asset to Cascade under Section 5. 1, return operational control of such asset to the withdrawing
Member. Return ofoperational control and management will be subject to: (a) continued use by Cascade,
to the extent and for such time as the Board deems such use necessary for Cascade to continue providing
service to its Members; and (b) payment or provision for payment of any Cascade costs, including but not
limited to, those associated with the withdrawing Member's Independent Supply Asset.
The Board may establish additional generally applicable conditions and requirements for
withdrawal.
Section 9.3 Disincorporation. Cascade may vote by a 65% Dual Majority Vote (as ratified
within one hundred and twenty (120) days of such Dual Majority Vote by 65% Dual Majority of the
Members' legislative authorities), to disincorporate. Upon disincorporation except as provided in an
Asset Transfer Agreement, Cascade's assets initially shall be held by its then current Members as tenants
in common. Each Member's ownership interest must be based on that Member's Demand Share as of the
time of the dissolution. Cascade's liabilities (including Bonds and other contractual obligations) initially
shall be distributed based on Members Demand Shares as of the time of the disincorporation. Assets and
liabilities must be distributed in accordance with agreement or contract, under a voluntary mediation
process, or by a court of law. A court may appoint an arbitrator or special master. Distribution shall be
based on the best interests of efficient and economic water supply in the entire area served by the
Members, subject to a rebuttable presumption that Water Supply Assets will be returned to the Member
that originally transferred them to Cascade. That presumption may be overcome by a showing that
another asset distribution is in the best interests of efficient and economic water supply. The proceeds of
any sale of assets must be distributed among the then current Members based on the Demand Shares at
the time of disincorporation.
Joint Municipal Utility Services Agreement 22 March 28, 2012
130
Section 9.4 Successor Entity. Notwithstanding the provisions of Section 9.3, upon a 65%
Dual Majority Vote of the Board (as ratified within one hundred and twenty (120) days of such Dual
Majority Vote by 65% Dual Majority of the Members' legislative authorities), all assets, liabilities, and
obligations of Cascade may be transferred to any successor entity (including without limitation, a joint
operating agency or other municipal corporation, as permitted under state law), and all obligations of
Members and parties contracting with Cascade become obligations to the successor entity.
ARTICLE 10. Amendments.
Amendments to this Agreement shall be effective upon approval by 65% Dual Majority Vote of
the Board (as ratified within one hundred and twenty (120) days by 65% Dual Majority of the Members'
legislative authorities).
ARTICLE 11. Applicable Law and Venue.
This Agreement is governed by the laws of the state of Washington. The venue for any legal
action arising from a dispute under this Agreement is the Superior Court for King County.
ARTICLE 12. No Third Party Beneficiaries.
There are no third party beneficiaries to this Agreement except for the rights of Bond owners as
provided in Section 5.3.2, no person or entity other than an agency signatory to this Agreement shall have
any rights hereunder or any authority to enforce its provisions, and any such rights or enforcement must
be consistent with and subject to the terms of this Agreement.
ARTICLE 13. Severability.
If any provision of this Agreement or its application is held by a court of competent jurisdiction
to be illegal, invalid, or void, the validity of the remaining provisions of this Agreement or its application
to other entities or circumstances shall not be affected. The remaining provisions continue in full force
and effect, and the parties' rights and obligations must be construed and enforced as if the Agreement did
not contain the particular invalid provision. But if the invalid provision or its application is found by a
court of competent jurisdiction to be substantive and to render performance of the remaining provisions
unworkable and infeasible, is found to seriously affect the consideration, and is inseparably connected to
the remainder of the Agreement, the entire Agreement is deemed void.
ARTICLE 14. Entire Agreement.
This Agreement constitutes the entire and exclusive agreement between the parties relating to the
specific matters covered in this Agreement. All prior or contemporaneous verbal or written agreements,
understandings, representations or practices relative to the foregoing are superseded, revoked and
rendered ineffective for any purpose. This Agreement may be altered, amended or revoked only as set
forth in Article 10. No verbal agreement or implied covenant may be held to vary the terms of this
Agreement, any statute, law, or custom to the contrary notwithstanding.
Joint Municipal Utility Services Agreement 23 March 28, 2012
131
CASCADE WATER ALLIANCE
By: Joh*vqlchi
Title. Title a.� r Date: )G 1 2012.
CAD Attest:
Chuck Clarke
Title: Chief Executive Officer Date: /41 ri U 2012
r
Authorized by: Resolution No.
Date: c;k
Joint Municipal Utility Services Agreement 24
March 28, 2012
132
ARTICLE 15. Execution
This Agreement may be executed in one or more counterparts.
SIGNATORY AGENCY
CITY OF BELLEVUE
By:
Title
Attest:
Date: 2012
Title: Date: 2012
Authorized by (Resolution or Ordinance):
Date:
1 2012
Joint Municipal Utility Services Agreement 25 March 28, 2012
133
SIGNATORY AGENCY
CITY OF ISSAQUAH
By:
Title
Attest:
Date: 2012
Title: Date: 2012
Authorized by (Resolution or Ordinance):
Date:
2012
Joint Municipal Utility Services Agreement 26 March 28, 2012
134
SIGNATORY AGENCY
C �'4Ui34 1�Lq
By:
Title
Attest:
Date: 2012
Title: Date: 1 2012
Authorized by (Resolution or Ordinance):
Date:
2012
Joint Municipal Utility Services Agreement 27 March 28, 2012
135
SIGNATORY AGENCY
CITY OF REDMOND
L
Title Date: 2012
Attest:
Title: Date: 2012
Authorized by (Resolution or Ordinance):
Date:
Joint Municipal Utility Services Agreement 28
2012
March 28, 2012
136
SIGNATORY AGENCY
CITY OF TUKWILA
Y�
By:
Title Date: 1 2012
V
Attest:
Title: Date: 2012
Authorized by (Resolution or Ordinance): M0,A 10A.)
Date:
1 2012
Joint Municipal Utility Services Agreement 29 March 28, 2012
137
SIGNATORY AGENCY
COVINGTON WATER DISTRICT
By:
Title
Attest:
Date: 2012
Title: Date: 2012
Authorized by (Resolution or Ordinance):
Date:
2012
Joint Municipal Utility Services Agreement 30 March 28, 2012
138
SIGNATORY AGENCY
SAMMAMISII PLATEAU WATER SEWER DISTRICT
By:
Title
Attest:
Date: 2012
Title: Date: 2012
Authorized by (Resolution or Ordinance):
Date:
2012
Joint Municipal Utility Services Agreement 31 March 23, 2012
139
SIGNATORY AGENCY
SKYWAY W &S DISTRICT
Title
Attest:
Date: 2012
Title: Date: 1 2012
Authorized by (Resolution or Ordinance):
Date: 2012
Joint Municipal Utility Services Agreement 32 March 28, 2012
II'l
Utilities Committee Minutes
Mail 15. 2012 Pace 2
C. Cascade Water Alliance: Joint Municipal Utilitv Services Authority
Staff is seeking Council approval to enter into an amended and restated interlocal contract with Cascade
Water Alliance (CWA) that changes CWA from a Watershed Management Partnership to a Municipal
Corporation under the Joint Municipal Utility Services Authority Act.
Staff briefly reviewed the need and desire for Cascade Water Alliance to become a Municipal Corporation.
Committee Chair Robertson requested additional information for this item prior to the Committee
discussing in detail and making a recommendation. Specifically, he would like items 2 and 3 listed in the
CWA letter on page 24 of the Committee Agenda Packet: Amended and Restated Interlocal Contract in
table format with an explanation of each change in both side notes and color code; and a two -page list of the
policy changes contained in the Amended and Restated Interlocal Contract. RETURN TO COMMITTEE
WITH ADDITIONAL INFORMATION.
III. MISCELLANEOUS
Meeting adjourned at 5:09 pan.
Next meeting: Next meeting: Wednesday,* May 30, 2012 5:00 p.m. Conf. Room No. 1.
*T due to Iwiiclav
ow Committee Chair Approval
Minutes by {AM. Reviewed by GL.
141
Citv of Tukwila
Utilities Committee
UTILITIES COMMITTEE
Meeting Minutes
.Jame 12, 2012 5:001).177. Conference Room I
PRESENT
Councilmembers: Dennis Robertson, Chair; Joe Duffie and Bate Kitiller
Staff: Bob Giberson, Frank Iriarte, Robin Tischmak, Pat Brodin, Gail Labanara and Kimberly Matzj
CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:02 p.m
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Cascade Water Alliance: Joint Municipal Utility Seiirices Authority
Staff is seeking Council approval to enter into an amended and restated interlocal contract with Cascade
Water Alliance (CWA) that changes CWA from a Watershed Management Partnership to a Municipal
Corporation under the Joint Municipal Utility Seiirices Authority Act.
This item was briefly discussed at the May 15, 2(_)12, Committee meeting in wlnich Committee Chair
I� Robertson requested additional information for the item. Additional information brought foix-vard included a
table of proposed policy- changes. The Committee reviewed the draft Joint Municipal Utility
Agreement page by page.
In addition to asking clariffi-ing questions as appropriate, the Committee specifically for additional
explanation at full Council on the folloNving two items:
Section 4.7Budget, Dues; Firnurnciul Murnugemernt
Explanation of different consideration of administrative dues as compared to administrative fees
This section Nvas particularly challenging in that a clear understanding of certain definitions and
calculations is necessai to derive at the cost of administrative dues.
Section 9.2 Witlit1rawuls
Would like to see an illustration /example of what a vvithdraival timeline would look like
Staff commented that it is likely that Chuck Clarke, CEO of Cascade Water Alliance, will be in attendance
at the June 25 COW to answer additional questions the Council may UNANIMOUS APPROVAL.
FORWARD TO JUNE 25 COW FOR DISUCSSION.
III. MISCELLANEOUS
Meeting adjoumed at 6:(_ 0 p.m.
Next meeting: lent meeting: Tuesday, June 26, 2012 5:00 p.m. Conf. Room No. 1.
Committee Chair Approval
Minutes byti<AM.
"m
COUNCIL AGENDA SYNOPSIS
AGI
Initials
Meeting Date Prepared by )Mayor's review
06/25/12 i DCS I C1
ITEM INFORMATION
STAFP' SPONSOR: DEREK SPECK
Tukwila Village Library Proposed Deal Terms
ITEM NO.
�;Vi. tsil review
4.D.
SPE 2
ORIG IN,AI,AGF ND,A DAT 6/25/12
C.\ I I?c Oiscus ion Motion Resolution Ordinance Bid Award Puhlu 14 ring Other
A91g Dale 06/25/12 11tq Date 06125/12 il�ltg Date 1VLtg Dale t1�tg Date 117tg Date 1Vltg Dale
SPONSOR Council Mayor HR DCD .Finance E] Fire IT P &R Police PIV
SPONSOR'S City administration and the King County Library System have agreed on proposed deal
SUNI'Vc\RY terms for constructing a new library on the Tukwila Village site. The Council is being asked
to consider and approve the proposed deal terms at the Special Meeting to follow the
Committee of the Whole.
cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Economic Development
C<)MMI'l °rr,I
COST IMPACT FUND SOURCE
E \I)I� "N1) ITURI:. RI,QUIRI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Connnnents:
MTG.DATE1 RECORD OF COUNCIL ACTION
06/25/12 1
MTG.DATEI ATTACHMENTS
06/25/12 Informational Memorandum dated 6/20/12
Proposed Term Sheet
Conceptual Site Plan
143
144
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
City Council
FROM: Derek Speck, Economic Development Administrator
DATE: June 20, 2012
SUBJECT: Tukwila Village Library Proposed Deal Terms
ISSUE
The City Administration requests Council approval of proposed deal terms with the King County
Library System for a new library in Tukwila Village.
.c:*1 0I7
For a number of years, the City and the King County Library System (KCLS) have expressed a
desire for KCLS to open a branch library as part of the City's Tukwila Village development. In
late 2010 KCLS began an evaluation of three sites within Tukwila Village that would be suitable
for a stand -alone library. KCLS determined that the northeast corner of the intersection of
Tukwila International Boulevard and South 144 was the best option and presented their
analysis to the City Council on February 28, 2011. On March 7, 2011 the City Council
approved a strategy for Tukwila Village that started a developer selection process for Tukwila
Village and began negotiations with KCLS such that if they could not reach an agreement with
the developer they could purchase the property from the City.
On June 6, 2011 the City Council selected Tukwila Village Development Associates, LLC
(TVDA) as the developer for Tukwila Village and the next week, City staff met with KCLS and
TVDA to begin joint negotiations. Since that time, the three parties (KCLS, TVDA, and the City)
have invested a great deal of time and energy refining the Tukwila Village site plan and
negotiating key terms for the development to meet everyone's interests. The current proposal is
for the City to sell a portion of the lot directly to KCLS. Before the City and KCLS dedicate a
significant amount of attorney time to draft the purchase and sale agreement, staff requests
Council approval of the main terms to be used in the agreement.
DISCUSSION
City and KCLS staffs have agreed on the main terms that would form the basis for a purchase
and sale agreement (see attached term sheet). Following is a summary of the key terms:
Price, Lot, and Building Size:
The City will sell a portion of the Tukwila Village property at the northeast corner of the
intersection of Tukwila International Boulevard and South 144 Street (see attached
conceptual site plan) to KCLS for $500,000 for a 10,000 square foot library.
Coordination with TVDA:
KCLS will complete a conceptual site plan for their parcel and conceptual architectural
design no later than 45 days after TVDA submits a complete design review application
for its first development phase.
The City's agreement with TVDA will ensure that TVDA constructs the shared
infrastructure necessary for the library during TVDA's first development phase. KCLS will
145
INFORMATIONAL MEMO
Page 2
pay to TVDA a proportional and reasonable contribution toward the shared infrastructure
costs.
Timing:
KCLS will submit building permit applications within ten months after the date TVDA
submits building permit applications for the first development phase.
KCLS and the City will close escrow (exchanging payment and ownership) after the
building permits for the library and the first development phase are ready to be
approved.
If KCLS is unable to close escrow, the City -KCLS agreement terminates.
If KCLS has not substantially started construction within six months after close of escrow
or if KCLS has not completed construction within two years after starting construction,
the City may repurchase the parcel for $500,000 plus the reasonable cost of any
improvements.
Design Quality:
The City's review of the site plan and building design will be handled through the same
process as any private development. In addition, KCLS has committed that all facades
of the library will be of high quality design consistent with their organization's standards
for libraries they've recently built and that the City may use these standards during the
design review process.
Price, Lot, and Building Size: The lot is the most visible corner of Tukwila Village. The library is
an excellent use for the corner since it will anchor the development as a public space, attract
people to the development, and support a positive image. Because KCLS has agreed (see
conceptual site plan) to have no parking or road between the library and the plaza, people using
the library will be more likely to use the plaza and indoor commons. The $500,000 price is very
fair and appropriate. The City recently completed an appraisal for this corner lot that estimated
a value of $55 per square foot for a business with a drive through (such as fast food), or $30 per
square foot if a drive through is not allowed. Since if the library were not put on this lot it is very
unlikely the city would allow a business with a drive through in its place, the lower estimate is
more appropriate. The specific lot boundaries are still to be determined but a rough estimate is
between 20,000 and 25,000 square feet, resulting in a range of $600,000 to $750,000. KCLS
has stated that $500,000 is the maximum they can afford to pay. At the same time, KCLS
previously indicated they had funding for an 8,000 square foot building but not the larger 10,000
sought by the City. By agreeing to $500,000 the City is providing the commitment necessary
that enabled KCLS to commit to building a 10,000 square foot building.
Coordination with TVDA: These proposed terms strike a balance to enable KCLS and TVDA to
move forward on their own schedules while requiring the minimum necessary coordination.
These terms will not require the library and TVDA's architectural styles to match but will ensure
the general style concepts are developed at the same time, which ensure an opportunity for the
two organizations to coordinate. These terms will ensure that the site plan elements (grading,
pedestrian access, vehicle access, parking, etc.) will be integrated.
Timing: The proposed terms are structured to allow KCLS plenty of time to accomplish its
commitments while giving the City the ability to either terminate the agreement or purchase the
property back if the library is not moving forward to completion.
Design: The proposed terms are intended to give the City the assurance that KCLS will build the
library with a high quality design and materials consistent with the libraries that KCLS has
C: \Documents and Settings \derek -s \Desktop \Library Council Agenda Memo.doc
INFORMATIONAL MEMO
Page 3
recently built. The City's control over design would be similar to its ability with any private
development with the additional assurance of meeting KCLS standards.
It is important to note that the Council's vote on this proposed deal terms does not bind the City.
This vote is not a legal requirement but is a staff request to publicly document the main terms to
ensure staff is moving forward on the right path.
Next steps: If Council approves the proposed terms, staff will work with KCLS to draft the full
purchase and sale agreements with the intent of returning to Council for approval of those
agreements in July.
FINANCIAL IMPACT
No additional budget is necessary for this action.
RECOMMENDATION
The Council is being asked to approve the proposed term sheet and consider this item at the
June 25, 2012 Committee of the Whole meeting and subsequent June 25, 2012 Special
Meeting.
ATTACHMENTS
Proposed Term Sheet
Conceptual Site Plan
WA2012 Info Memos Council \TukwilaVillageDealTerms.doc
147
i El:
PROPOSED TERM SHEET
6/20/12
The City will sell the King County Library System (KCLS) a legal lot consisting of a
portion of the northeast corner of the intersection of Tukwila International Boulevard and
South 144 °i Street to KCLS for a 10,000 square foot library for a price of $500,000. The
lot boundaries shall be mutually agreeable to KCLS, the Developer, and the City.
2. KCLS shall submit a conceptual site plan for the library parcel and a conceptual
architectural design for the library building no later than 45 days following the date that
Tukwila Village Development Associates LLC (the "Developer submits a complete
design review application for the first phase of the Tukwila Village development. The
conceptual site plan for the library parcel must be mutually agreed upon by KCLS and
the Developer.
3. City shall ensure the Developer's first phase shall include the shared infrastructure
needed to operate a library on the library parcel such as roads, shared utilities, shared
parking areas and storm water /water quality detention system.
3. KCLS will submit building permit applications within ten months after the date the
Developer submits building permit applications for the first phase.
4. KCLS and the City will close escrow after the KCLS building permit for the library and
the Developer's building permits for the first phase are ready to be approved. If KCLS is
unable to close escrow within 30 days from when its building permits are ready to be
approved, the agreement terminates.
5. If KCLS has not substantially commenced construction of its branch library on the library
parcel within six months from close of escrow or if KCLS has not completed construction
within two years from substantially commencing construction (unless such failure to
commence construction arises from any delay in construction or completion of the first
phase of the Tukwila Village project or force majeure events), the City may re- purchase
the Tukwila Library parcel at the same purchase price plus the reasonable cost of any
improvements.
6. All facades of the library shall be of high quality design consistent with the Library
System's standards for libraries recently built by KCLS. The City may use these
standards during the design review process.
7. KCLS will pay to Developer a proportionate and reasonable contribution towards shared
infrastructure costs that benefit the library branch and will agree to enter into reciprocal
easements for shared utilities, vehicular and pedestrian access, parking, drainage, water
quality treatment and detention systems, including shared maintenance costs. KCLS will
not be required to pay a parking management fee.
Updated: 6/20/12
149
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COUNCIL AGENDA SYNOPSIS
ITEM NO.
;I(NDA Iri:NI TI'I'.u''.
Meeting Date I Prepared by Xayors review I Qogjnil review
06/25/12 SB�>
i SPE 3.A.
ITEM INFORMATION
STA FrSPONSOR: STEPHANIE BROWN OIZIGINnLAGI;NDADA'rE:06 /25/12
Authorize the Mayor to sign the Collective Bargaining Agreement (CBA) for the
Tukwila Firefighters Local No. 2088 for contract years 2012 -2013.
Cxi'I,(',ORY DZ,f w'sion Motion Resolution Ordinance I3idA),vard Public Hearing Otlaer
11tg Date 6125112 tlltg Date 6/25/12 Mtg Date Mtg Date R41 g Dale Mtg Date Mtg Date
1 S1'()xS()IZ Council Mayor 1 DCD Finance Fire 17" P &R Police PIF/
SI'('NS('Ii'S City staff, labor relations consultant, and Tukwila Firefighters Local No. 2088 Executive
SI'aI�I.�IZ� Board opened labor negotiations on September 2, 2011, in an effort to reach an agreement
on a successor labor contract for the Tukwila Firefighters. A tentative agreement has been
reached and information is being presented for City Council approval and to authorize the
Mayor to sign the Collective Bargaining Agreement (CBA).
RI ;XII 'i) RY cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: N/A COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Human Resources
COST IMPACT FUND SOURCE
F \PI?NDI "I'l_IRI? RI;.OUIRF;D AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG.DATE1 RECORD OF COUNCIL ACTION
06/25/12
I MTG.DATEI ATTACHMENTS
06/25/12 I Informational Memorandum dated 6/20/12
Tukwila Firefighters Local No. 2088 Collective Bargaining Agreement (CBA).
151'
152
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Stephanie Brown, Human Resources DirectorX
DATE: June 20, 2012
SUBJECT: Tukwila Firefighters Union IAFF Local No. 2088 Collective Bargaining Agreement
BACKGROUND
The City and Executive Board of the Tukwila Firefighters Union IAFF Local No. 2088, opened
labor negotiations on September 2, 2011, in an effort to reach an agreement on a successor
labor contract. A tentative agreement was reached between the parties on May 24, 2012 which
resulted in a two year contract (2012- 2013).
In alignment with Council initiatives, concern about the continuing downturn in the economy,
and budget considerations in future years in the total cost of compensation, the City and Union
negotiated the successor agreement based upon mutual interest.
Some of the areas within the labor contract specific to the City's interest were medical
insurance, management rights, wages, and clarification of language in the contract to align with
department and /or City policy. Other interests were focused on education and approved fields
of study, on call personnel compensation, and the uniform cleaning allowance.
The contract provides for a wage increase of 0% for 2011; 3.0% for 2012; and 2.0 for 2013. In
addition, the Firefighters will receive a one- time payment of 4.0% (based on 2011 wages and
longevity pay). The City's contribution toward medical insurance will be capped at 8 and a list
of customary management rights were negotiated to be consistent with the collaborative
working relationship of the Union and Management and applicable State Collective Bargaining
Law.
Overall, the negotiation process went smoothly and was a good collaborative effort by both
parties.
RECOMMENDATION
The City Council is being asked to authorize the Mayor to sign the successor collective
bargaining agreement between the City and Tukwila Firefighters IAFF Local No. 2088.
Thank you.
ATTACHMENT:
2012 -2013 Tukwila Firefighters IAFF Local No. 2088 Collective Bargaining Agreement
153
154
2012 -2013
AGREEMENT
AGREEMENT BETWEEN
CITY OF TUKWILA
And
FIREFIGHTERS LOCAL NO. 2088
This Agreement is entered into by and between the City of Tukwila, Washington, hereinafter referred to
as the Employer and IAFF LOCAL 2088, International Association of Firefighters, hereinafter referred
to as the Union. It is the purpose of this Agreement to achieve and maintain harmonious relations
between the Employer and the Union to provide for equitable and peaceful adjustment of differences
which may arise and to establish proper standards of wages, hours and other conditions of employment.
Tukwila IAFF 2088 Final 2012 -13 CBA
Page 1
155
TABLE OF CONTENTS
2012 -2013 LABOR AGREEMENT
Between City of Tukwila and Firefighters Local No. 2088
STATUTORY RIGHTS/REGULATIONS
ARTICLE1 DISCRIMINATION 3
ARTICLE2 DURATION 3
ARTICLE3 MANAGEMENT RIGHTS 3
ARTICLE4 RECOGNITION 4
ARTICLE5 SAVINGS CLAUSE 4
ARTICLE 6 SUPPLEMENTAL AGREEMENTS 4
ARTICLE7 UNION SECURITY 5
ARTICLE8 WORK STOPPAGES 5
ARTICLE9
ACTING PAY ..........................I....
5
ARTICLE10
CLOTHING ALLOWANCE
5
ARTICLE 11
EDUCATION ALLOWANCE
6
ARTICLE12
HOLIDAYS
8
ARTICLE13
HOURS OF WORK ........................I......
8
ARTICLE 14
INSURANCE COVERAGE
11
ARTICLE15
LONGEVITY
13
ARTICLE16
ON -CALL PERSONNEL
13
ARTICLE 17
OVERTIME AND CALLBACK
14
ARTICLE 18
SUPPLEMENTAL PENSION PLAN
15
ARTICLE19
WAGES
15
PAID LEAVE BENEFITS
ARTICLE 20
MISCELLANEOUS LEAVE
17
ARTICLE 21
ILLNESS OR INJURY LEAVE
18
ARTICLE22
JURY DUTY LEAVE
19
ARTICLE23
UNION BUSINESS
20
ARTICLE24
VACATION LEAVE
21
PERSONNEL POLICIES
ARTICLE 25
DISCIPLINE DISCHARGE
25
ARTICLE 26
DRUG AND ALCOHOL TESTING
26
ARTICLE 27
GRIEVANCE PROCEDURE
26
ARTICLE28
PROMOTIONS
28
ARTICLE39
SAFETY
29
ARTICLE30
SENIORITY
29
ARTICLE31
STAND- IN
29
ARTICLE32
SUBSISTENCE
30
ARTICLE33
PHYSICAL FIT NESS
31
Appendix A CLOTHING ALLOWANCE MATRIX 34
Tukwila IAFF2088 Final 2012-13 CBA
Page 2
I+O
ARTICLE I DISCRIMINATION
The Employer and the Union agree not to discriminate against any employee by reason of membership
or non membership in the Union, race, religion, creed, color, national origin, age, sex, or any other
form of illegal discrimination.
Any action that would not constitute discrimination under applicable statutes, regulations or case
precedent will not constitute a violation of this contract provision.
ARTICLE 2 DURATION
This agreement shall become effective January 1, 2012 and shall remain in full force and effect
through December 31, 2013 The parties agree that negotiations regarding a subsequent agreement
shall commence as required by State statutes.
ARTICLE 3 MANAGEMENT RIGHTS
3.1 The management of the Fire Department and the direction of the work force is vested
exclusively with the Employer subject to the terms of the Agreement. The Union agrees that its
members shall comply in full with Fire Department Rules and Regulations including those
relating to conduct and work performance. It is further agreed that all matters not specifically
and expressly covered by language of the Agreement may be administered for its duration by
the Employer in accordance with such policies and procedures as it from time to time may
determine.
3.2 To modify old work rules or to promulgate new work rules, the City shall: (1) notify the Union
in writing thirty (30) calendar days before any such modification or promulgation, (2) the City
shall meet and confer upon written request of the Union, at a mutually convenient time, and
within the 30 -day calendar notice period to discuss any proposed changes in the old work rules
or the promulgation of new work rules, and (3) each party shall keep minutes of those meetings
which shall be filed as official City Documents. If the modified or new work rule, regulation, or
policy has not been through the process and is grieved, it shall be immediately removed from
application and the status quo returned, retroactive to the date of implementation until the
process contained herein is followed.
3.3 The Union recognizes the enumerated rights listed below are customary rights of management.
The exercise of these rights will be consistent with the past collaborative working relationship
of the parties, subject of the labor management process available to the parties and bargaining
rights that affect wages, hours and working conditions within the meaning of RCW 41.56.
Rights reserved to management shall include, but not be limited to, the following:
3.3.1 Determine and change Fire Department budget, methods of operation, facilities and equipment.
3.3.2 Recruit, hire, layoff, promote, assign, appoint, discipline, discharge, or suspend employees in
accordance with City of Tukwila Civil Service Rules and Regulations and the terms of this Agreement.
3.3.3 Determine number of personnel and the methods and processes by which work is to be performed.
3.3.4 Assign work and determine the duties to be performed by bargaining unit members.
Tukwila IAFF 2088 Final 2012 -13 CBA Page 3
157
3.3.5 Determine the need for additional education courses, training programs, on-the-job training, or
class training, assign employees to such duties for periods to be determined by the Employer.
3.3.6 Take any temporary action as may be necessary to carry out the mission of the City and to deal
with emergencies as declared by the Emergency Management Director, Mayor, County, Governor, or
President.
ARTICLE 4 RECOGNITION
The Employer recognizes the Union as the exclusive bargaining agent for all employees of the Fire
Department consistent with the Washington State Department of Labor and Industries, certification
dated April 24, 1972, (Case No. 0- 1137).
ARTICLE 5 SAVINGS CLAUSE
If any provision of the Agreement or the application of such provision should be rendered or declared
invalid by any court action or by reason of any existing or subsequently enacted legislation, the
remaining parts or portions of this Agreement shall remain in full force and effect.
ARTICLE 6 SUPPLEMENTAL AGREEMENTS
The parties agree that Supplemental Agreements will be incorporated into the collective bargaining
agreement as an appendix once the documents are identified /verified and agreed upon between the
parties, e.g. sick leave administration, clothing allowance, conversion of hours between shift and day
schedules, LEOFF I sick leave and MERP. The MOU combining Lieutenant and Fire Prevention
Officer shall remain in effect. The current Drug and Alcohol testing procedures (Article 26) will be
amended as agreed by the parties If there is an MOU in effect which is not identified herein, it will be
considered part of the status quo.
The position of Lieutenant shall be changed to Captain, which shall be a change in name /title only.
This change does not change obligations, duties, or responsibilities of the position. The
Union/Captains will bear the expense of badges, labels, shields, and other uniform changes caused by
this change in title.
Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral
statement shall add to or supersede any of its provisions. The parties acknowledge that each had the
unlimited right and opportunity to make demands and proposals with respect to any matter deemed a
proper subject for collective bargaining. The results of the exercise of that right and opportunity are set
forth in this Agreement. Therefore, the Employer and the Union for the duration of this Agreement each
voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect
to any subject unless mutually agreed otherwise.
h4k IAFF 2088 Final 2012 -13 CBA
Page 4
I
ARTICLE 7 UNION SECURITY
All present members of the Union shall maintain membership in good standing for the duration of this
agreement. Future employees shall become and remain members in good standing except in such
instances where an employee notifies both the Union and the Employer in writing of a desire not to
become a member due to bonafide religious tenets or teachings of a church or other religious body of
which such employee is a member within ten (10) working days of employment. Employees exercising
their right of non- association because of bonafide religious tenets or teachings shall make payments,
equal to 75% of the amount equal to current Union dues uniformly levied against all Union members,
to a nonreligious charity as set forth in RCW 41.56.122. Nothing in this Article shall be construed as to
require a member of the Tukwila Fire Department to join the Union as a condition of continued
employment.
The Union agrees that there shall be no strikes, slowdowns, stoppages of work or any interference with
the efficient operation of the Fire Department for the duration of this Agreement. The Employer agrees
that there shall be no lockout of the employees. Any or all employees who violate any of the provisions
of this article may be discharged or otherwise disciplined.
ARTICLE 9 ACTING PAY
Each employee who is assigned to work out of classification in a higher rank (such as Acting Captain)
for four (4) or more hours on any shift shall be paid at the rate of pay of the higher rank for all hours
worked out of classification during that shift. The difference between the employee's usual hourly pay
rate and that of the higher rank shall be termed "Acting Pay."
Any employee who is assigned to work in a higher rank during a period for which the employee is
eligible for overtime shall receive the acting pay differential as outlined above in addition to his /her
overtime pay.
ARTICLE 10 CLOTHING ALLOWANCE
For the duration of this Agreement, the Union and City agree to use a uniform cleaning "service" to
purchase, maintain, and replace class "C" uniform pants and shirts for all bargaining unit members,
except for battalion chiefs' shirts. Terms of this service shall be governed by the signed Agreement
between IAFF Local 42088 and the service provider and as referenced in a letter of understanding
between the City and Union, a copy of which shall be attached to this Agreement. The City shall pay
the Union the agreed costs set forth in the above letter of understanding and the union shall then
administer the program, not to exceed the maximum finding provided herein. The City shall fund the
uniform cleaning service provisions of Article 10 for bargaining unit members up to a maximum of
$23,320 (2012), $24,719 (2013).
Newly hired employees shall have all initial required uniforms (referenced below) provided by the
City. All regular shift employees shall receive $330 annual clothing allowance, paid prorated to the
upcoming January.
Tukwila IAFF 2088 Final 2012 -13 CBA
Page 5
I+'
Non -shift (day) personnel shall receive $500 annually as a clothing allowance, paid by the end of
January for the current year.
It is the employee's responsibility to maintain and replace the uniforms as needed (excluding "C" pants
and shirts). In the event the employee voluntarily separates service with the City prior to completing
two years, the cost of initial uniforms shall be deducted from his /her final paycheck.
Any addition or deletion of the uniform requirements or a uniform change that will change the uniform
expense needs will be negotiated. All protective clothing or protective devices required of employees
shall be furnished by the Employer as per Fire Department policies.
For any employees newly hired that results in an increase in the total number of employees covered by
the uniform /cleaning "service the City will increase the contribution pro -rated from the date(s) of
hire.
Initial Required Uniform
I Class "A" uniform (to include the white long sleeve shirt and collar insignia)
1 Complete Class "C" uniform pant and shirt
1 Coveralls
1 Belt
1 Pair Shoe /Boots
1 Paramedic style coat
1 Tie
4 Department T -shirts
2 Department sweat shirts
1 Ball cap
Note: Additional Class "C" uniforms shall be provided by the uniform "service
Style /manufacturer shall be according to department policy.
For administrative and information purposes, approved Uniform items are to be set forth in Appendix
"A" to this Agreement.
ARTICLE 11 EDUCATION ALLOWANCE
11.1 Training
The Union and Employer recognize the value of training and continuing education for employees,
subject to budgetary limitations. The Union recognizes the prerogative of the Fire Administration to
educate and train employees for assignment in all functional areas delegated to the Fire Department.
Tubvila IAFF 2088 Final 2012 -13 CBA
Page 6
I•s
11.2 Education Allowance
The Employer shall budget a total of $200 (2012) and $300 (2013) per union member into a pool for
educational purposes for those union members employed as of January 1 each year.
To insure there are funds for the entire year the total education allowance may be divided into fourths
and allocated out on January 1, April 1, July 1, and October lof each year. The remaining balance from
the previous quarter shall be added to the following quarter's allocation. Any amount remaining as of
December 31 shall revert back to the Employer.
11.3 Education Reimbursement
From this educational allowance members shall be reimbursed for:
11.3.1 All Fire Service college courses and Fire Service degree course requirements in an approved
field of study, for registration and required books. Reimbursements shall be given upon
successful completion (to be defined as at least a C grade of a 2.0 point on a 4.0 grade point
scale) of Fire Service college courses and Fire Service Degree course requirements.
11.3.2 Approved Fields of Study:
Fire Science
Fire Command Administration
Fire Technology
Fire Inspection
Public Administration
Business Administration
Or any field of study beneficial to the Fire Department and approved by the Fire Chief.
11.3.1 Advance prepayment will be made by the Employer when requested by the employee for
Tukwila Fire Service related classes, seminars and non credited classes. Documentation will be
submitted to the Employer, by the employee requesting the advance, for verification of the class
prior to attendance and verification of successful completion following the class.
11.3.4 Reimbursement up to forty dollars ($40.00) of the above allowance per year will be made for
Tukwila Fire Service related classes, seminars and non credited classes. Documentation for Fire
Service related books that are: non fictional, instructional, and job related, subject to the
approval of the Chief or Training Officer.
Reimbursement procedures will be as established by the Employer.
11.4 When the shift is above minimum staffing, employees may attend pre- approved college classes
while on duty as long as the school is no more than fifteen (15) miles from the City. The Chief,
or his designee, may extend this mileage limit on a case -by -case basis, according to the needs
and emergency requirements of the Department.
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In lieu of Holidays, twenty -four (24) hour shift personnel shall receive straight time pay. Such payment
shall be one hundred ten (I 10) hours. Such payment shall be made with the November end- of -the-
month pay check of each year and pro rated for new or terminating employees.
Non -shift personnel shall receive the following holidays off with pay, plus one floating holiday, chosen
by the employee, given 14 days notice.
January 1
New Year's Day
3rd Monday in January
Martin Luther King's Birthday
3rd Monday in February
President's Day
Last Monday in May
Memorial Day
July 4
Independence Day
1 st Monday in September
Labor Day
November 11
Veteran's Day
4th Thursday in November
Thanksgiving Day
4th Friday in November
Day after Thanksgiving Day
December 25
Christmas
If the employer grants an additional 12th paid holiday for any other bargaining unit, it shall be granted
to this bargaining unit. The compensation shall be I1 additional Hours of straight time pay for shift
personnel and one additional holiday on the designated holiday for non -shift personnel.
During the week of an official City recognized holiday, non -shift employee's may work a standard, 5-
day, 8 -hour work schedule for the week (which includes the 8 -hour paid holiday), or use accrued comp
time or vacation leave to make up the difference for the 8 -hour holiday and their regular work -day.
ARTICLE 13 HOURS OF WORK
13.1 The probationary firefighters upon successful completion of the probationary training period
shall be assigned to a 24 -hour shift, unless an additional period to be used for further training is
deemed necessary by the Fire Administration, Training Battalion Chief, and the President of the
Union. The normal work schedule for probationary firefighters during the initial 10 -12 week
training period will be forty (40) hours per week. The work period for FLSA purposes for
firefighters working forty (40) hours per week shall be 28 days.
Newly hired personnel shall not accrue a Kelly Day during any FLSA period where they did not
work the entire FLSA period on a 24 hour shift.
For recruit employees who have completed an acceptable Fire Academy prior to their
employment, their probation shall extend one year (365 days) from their date of hire. For
recruit employees who must be sent to a Fire Academy after their employment, their probation
shall extend one year (365 days) from their graduation from the Fire Academy. Eligibility for
wages and benefits under the terms of this agreement will be administered for recruit employees
pursuant to the status quo, that is, that wages and benefits shall increase to the next step as dated
from the date of hire, not from date of Fire Academy graduation.
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13.2 The normal schedule for shift personnel shall be a 24 hour shift on, followed by a second 24
hour shift on, followed by 96 hours off, on a repeating schedule. Twenty -four (24) hour shift
personnel shall accrue fourteen (14) shifts off (Kelly Days) from this schedule which will result
in a normal schedule of 2608 hours per year. Kelly Days for shift personnel shall be limited to
FOURTEEN shift selections per year.
Safe and effective delivery of service is the highest priority of the Tukwila Fire Department. To
that end, if night calls or sleep interruptions cause crew fatigue, the Battalion Chief may adjust
the work schedule for the work day of the second shift of the 48 hour work cycle.
The work period under the 48/96 schedule, for FLSA purposes, shall be twenty four (24) days
for shift personnel.
13.3 Prior to September 30 of each calendar year, each employee shall choose Kelly Days from those
FLSA periods that occur from the start of the first FLSA period that begins in January through
the end of the FLSA period that immediately precedes the first FLSA period that begins in the
following January of the following year. During annual Kelly Day selection, each employee
shall choose fourteen (14) Kelly Days.
Each employee assigned to the 48/96 schedule shall select either a Kelly Day or Vacation Day
(see Article 24) for each and every FLSA period. If an employee does not have any vacation
leave available to select for a vacant FLSA period, A Kelly Day that the employee has selected
shall be split into two twelve hour segments, at the discretion of the Fire Chief, with twelve
hours assigned to the Kelly Day date that the employee had chosen, and the other twelve hours
to be assigned by the Fire Chief to the vacant FLSA period. The second twelve hours shall be
assigned by the Fire Chief according to the needs of the Department.
Kelly Day selections will be performed by seniority per shift. The firefighter with the most
seniority on the shift shall select his /her Kelly Days first, followed by the
next most senior firefighter until all shift firefighters have made their selections. If the senior
person has no preference of Kelly Days, the next senior firefighter shall pick his /her Kelly
Days. This process shall continue until each member of a shift has had the opportunity to
schedule their Kelly Days. Should any member of a shift fail to choose their Kelly Days and
turn it into the shift Battalion Chief, the Battalion Chief and the Fire Chief, or his /her
representative, will jointly assign the Kelly Day(s) for the individual(s).
Each Battalion Chief shall be responsible for delivering all of his/her shift's Kelly Day leave
requests (TFD Form 195 A /B /C) to the Fire Chief or his /her representative prior to 1700 hours
on September 30. (to line up with practice)
No Kelly Day(s) shall be changed once submitted to the administration, except by Kelly Day
exchange. No employee may schedule more than one (1) Kelly Day per FLSA period.
This article shall limit annual leave and Kelly Days to four (4) shift personnel off at one time per
shift. Generally, no more than two (2) fire suppression officers on the same shift shall be
scheduled off on that same day. However, under conditions defined by the Chief in Tukwila Fire
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Department Policy 01.08.04, the Chief shall determine whether three (3) officers may be
scheduled off. No more than two vacation days may be scheduled per shift prior to Kelly Day
selection for that month.
13.4 The non -shift personnel shall work forty (40) hours per week, exclusive of lunch time. Except
for emergencies, these hours shall be worked between Monday Friday, excluding weekends,
unless, mutually agreed upon by the employee and the Employer. All non -shift personnel will
continue to be allowed to leave their work station during scheduled work hours for the purpose
of a non -paid meal break. Emergency call back to duty by the employee's supervisor during the
employee's scheduled meal break shall be compensated by (1) adjusting the employee's
schedule that day or the following work day, or (2) payment of time worked, at the option of the
employee.
13.5 Nothing in this article shall prohibit the Employer and any employee from reaching mutual
agreement on a modified work schedule which will be most advantageous in the completion of
special assignments.
13.6 Special assignments by the employer are subject to the following limitations:
13.6.1. An employee shall not be required to perform more than twelve (12) weeks of special
assignment within any twelve (12) month period, and limited to one continuous period of time.
The period may be extended by mutual agreement as necessary to complete the project.
13.6.2. Special assignments shall be directly related to Fire Department activities and
responsibilities.
13.6.3. The non -shift personnel shall work (forty) 40 hours per week, exclusive of lunch time.
These hours shall be worked between Monday Friday, excluding weekends, unless mutually
agreed upon by the employee and the employer.
13.6.4. The employee shall not be detrimented regarding vacation, holidays etc., as a result of
special assignment. An employee is not detrimented if, while on special assignment, he /she
receives a holiday off in lieu of Holiday Pay for that holiday.
13.6.5. Unless unusual circumstances requiring special skill sets dictate otherwise, the Fire
Chief
will seek volunteers to perform a special assignment. If no one volunteers who is qualified in
the Fire Chief s discretion, the Chief will select an employee for the special assignment. The
Fire Chief will exercise his /her discretion in a fair manner.
13.6.6. The Employer will notify the Union regarding nonstandard or modified work schedules
arrived at by mutual agreement between the Employer and employee. The purpose of such
notification is to assure that such work schedule deviations are not otherwise contrary to the
terms of this agreement.
13.6.7. "Light Duty" is a special assignment that may be used by the Employer when an
employee is unable to return to full duty from a medical leave. Sections 13.6.1 and 13.6.5 do
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not apply to Light Duty. If a light duty assignment is made available, the Chief will determine
the length of the assigmlent, which shall be subject to the approval of the employee's treating
physician, not to exceed six months. This is subject to applicable state and federal law,
including RCW 41.04.515 and RCW 41.04.520.
13.7 Normal work hours for shift personnel (except for Battalion Chiefs) shall be from 0800 to 1700
and 0700 to 0800 hours Sunday through Saturday. Normal work hours for Battalion Chiefs shall
be 0730 -1700 and 0700 -0730, Sunday through Saturday. The normal work hours will include
one hour for lunch, two fifteen minute breaks and one hour of physical fitness training. The
hours between 1700 and 0700 shall be considered, with the exception of night drills, night
inspections, and activities necessary to emergency preparedness, "Emergency Standby" time for
the purpose of emergency response. Upon the direction of Fire Chief, a night drill may include
occasional public relations appearances, public education events, or other activities benefiting
the Fire Department and the public. New Year's Day, Thanksgiving and Christmas will be
"Emergency Standby" days after all work, including scheduled drills, is completed.
13.8 Adjustment to Normal Work Hours.
The 48/96 Schedule is agreed to be productivity neutral regarding shift members' work hours.
To that end, Management and Labor will monitor the impact of the schedule on shift
productivity and work hours. After consultation with Labor, the Fire Chief may set policy to
adjust hours of work so that the new schedule does not reduce net work hours or net
productivity.
ARTICLE 14 INSURANCE COVERAGE
14.1 Medical Insurance
14.1.1 City of Tukwila Self- Insured Medical Plan Except as otherwise provided in this Article, the
Employer shall contribute the premiums necessary to purchase medical care insurance for each
full -time employee and his /her dependents under the City of Tukwila's Self- insured Medical
Plan. Such coverage shall not be less than that which existed under the Association of
Washington Cities Plan "A" in place October 1989, except as subsequently agreed by the
parties.
14.1.2 Group Health For employees who elect medical coverage through Group Health Cooperative,
the Employer shall pay up to the maximum dollar amount contribution of the Self- Insured Plan
for employee and dependent coverage.
Any premiums in excess of the Employer's contribution shall be paid by the individual through
payroll deduction. Coverage under the Group Health Plan shall be as determined by Group
Health Cooperative.
14.1.3 Effective upon date of signing, the Employer shall continue to pay the full premium for medical
coverage under the Self- Insured Medical Plan up to a maximum increase of eight percent (8
per year. In the event the monthly premiums increase more than the above stated amounts in a
year, the Employer or the Union has the right to reopen the Agreement to negotiate changes in
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the Self- Insured Medical Plan benefits so that the increase in premium costs does not exceed the
stated amount.
14.2 DENTAL Dental coverage will be maintained for all employees and their dependents during
the term of this Agreement under the City of Tukwila self insured plan or its replacement. All
employees under this contract shall be required to participate. The cost for such plan shall be
borne on the following basis: The Employer will contribute 100% of the total premium for this
coverage.
14.3 VISION Eye glasses /contact lenses for all employees and their dependents covered under this
Agreement will be paid for by the Employer on a reimbursable basis. The coverage shall be
limited to $400 per calendar year. All eyewear shall be limited to a number one (1) tint.
14.4 LIFE INSURANCE -The City will provide and pay one hundred percent (100 of the
premium costs of a twenty -five thousand dollar ($25,000) life insurance policy (presently in
force) on all employees covered under this Agreement.
14.5 The City retains the right to select all insurance carriers, providing the coverage set forth in this
article, or alternatively to self insure medical, dental and optical coverage as provided herein.
The City agrees to consider alternative carriers and plans as may be suggested by the Union.
14.6 Medical Expense Reimbursement Plan (MERP) Benefit Trust
The MERP shall be administered in accordance with the MOU between the parties and dated
May 12, 2009. The Union has requested of the Employer to become a part of the Washington
State Council of Firefighters Employee Benefit Trust, hereinafter referred to as "WSCFF-
EBT"), and to contribute to the Medical Expense Reimbursement Plan, hereinafter referred to as
"MERP").
The MERP is designed to provide a vehicle for members of the Union to pre -fund retiree health
coverage and to provide reimbursement for medical expenses on a pre -tax basis. The City
retains the right to select all insurance carriers provided herein, and agrees to consider
alternative carriers as may be suggested by the Union.
Therefore, the Employer considers the WSCFF -EBT as an alternative carrier under Section 5 of
the Agreement, and agrees that:
14.6.1 The Union has entered into and signed a joinder agreement with the WSCFF -EBT, to
provide the membership with a MERP. In compliance with IRS regulations, all
members of the Union must participate, as the plan does not provide for individual
election.
14.6.2 The Union will provide the Employer with a copies of the following: signed joinder
agreement, master application, summary of plan benefits wich details the provision of
the MERP, and all Union members' Premium Reimbursement Plan election forms
authorizing payroll deduction, as well as copies of any other documents the Employer
may need to facilitate Union participation in the MERP.
14.6.3 The employees, acting jointy through their Union agree that the Employer shall make
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monthly contributions on a pre -tax basis in the amount of Seventy Five and no /100
Dollars ($75.00 US) from the base salary of each employee in the Union to the WSCFF
EBT.
14.6.4 Such contrrbutions shall be included as base salary for the purpose of calculating
retirement benefits.
14.6.5 The Employer shall be obligated for payment of contributions in the amount provided
above, by the twentith (20) of every month for that month's contribution. The Employer
and Union will cooperate with the WSCFF -EBT and its Trustee(s) in facilitating or
allowing any payroll audit.
14.6.6 The WSCFF -EBT shall remain separate and apart from any Employer retiree health
insurance funding program unless changed by mutual agreement of the parties to the
Agreement. The Union shall unilaterally have the option to adjust the contribution rate
provided the Employer is given written notice sixty (60) days in advance of any rate
adjustment.
14.6.7 If any employee severs employment with the Employer prior to the twentieth of the
month, the Employer's monthly contribution amount for that employee will be withheld
and submitted to the WSCFF -EBT as outlined in this MOU, and the Employer's
monthly contributions will thereafter cease for those employees separated from City
service for whatever reason.
14.6.8 Once contributions have been distributed by the Employer to the WSCFF -EBT, the
Employer is released from any and all liability related to the handling of such
contributions by the Union, the WSCFF -EBT and /or its Trustee(s), agents, employees,
contractors, successors and assigns.
14.6.9 The Union warrants the WSCFF -EBT is established in accordance with applicable
federal, state and IRS laws and that the Employer shall have no further obligation
hereunder in the event this warrant is materially breached.
14.6. 10 The above sets forth the intent of the parties, and may be modified or terminated upon
thirty (30) days written notice to the other party.
ARTICLE 15 -LONGEVITY
During the term of the agreement, the longevity pay rates shall be as follows after the completion of the
number of years of full time employment with the City set forth below:
Completion of 5 years
Completion of 10 years
Completion of 15 years
Completion of 20 years
Completion of 25 years
2.0% of First Class Firefighter Base Wage
3.5% of First Class Firefighter Base Wage
5.0% of First Class Firefighter Base Wage
6.5% of First Class Firefighter Base Wage
8.0% of First Class Firefighter Base Wage
16.1' Certified officers (fire investigators, safety /public information officers) personnel shall be on
call and available to respond to fire incidents and other emergencies when assigned by the Chief
after consultation with the qualified individual(s). Certifications as both Incident Safety
Officer and Public Information Officer are required to fulfill the position of on -call safety /public
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information officer.
16. 1.1 The hourly rate for compensation of standby time shall be 10% and calculated on the
employee's base hourly rate.
16.1.2 On -call personnel shall be compensated at the rate of time and one -half their base hourly
rate for responses from the time of call -out until they return to their primary residence, or
until the start of their next scheduled workday, whichever occurs first.
16.2 The on -duty member shall maintain a reasonable response time which shall not be more than
the average travel time from his /her residence during his /her duty week. Either a fire department
vehicle or mileage reimbursement (at current City rates) will be provided.
16.3 Nothing in this article will prevent the Employer from utilizing qualified twenty -four (24) hour
shift personnel already on scene to perform those functions necessary to beginleonduct fire
investigations prior to fire prevention personnel arrival. A committee headed by the Fire
Marshal shall determine who is "qualified
16.4 This article will not be used to determine promotional eligibility nor as a requirement for
assignment for fire prevention due to possible lengthy response times.
Overtime work required and authorized by the Employer for personnel shall be compensated for in
cash at the rate of one and- one -half times (1 -l/2) the hourly rate. Entry level probationary employees
are only eligible for overtime as a result of shift extension and such specialized training as E.M.T.
training, practice house burns, or such training as approved by the Fire Chief. Entry level probationary
employees are not eligible for overtime and callback as described in paragraphs 17.1 17.4 below. In
the first three (3) months of employment, lateral entry probationary employees shall not be eligible for
overtime and callback as described in paragraphs 17.1 17.4 D below, but shall be eligible for
overtime as a result of shift extension and for approved training.
17.1 In event that such overtime is not the beginning of or extension of a regularly scheduled shift, a
minimum of two hours payment shall be made when personnel are called back.
17.2 Replacements for employees off on Union business pursuant to the provisions of Article 23(B)
shall be compensated at their straight time hourly rate.
17.3 All eligible personnel who respond to a call after being dispatched by Valley Com by means of
a fire department approved contact device will receive a minimum of two (2) hours at one -and-
one -half (1 -1/2) the straight time rate.
17.4 An overtime list shall be established and maintained, monthly, with the employee having the
least amount of overtime to be called back by pager first, except in emergencies as determined
by the officer in charge. When the list has been exhausted, mandatory overtime shall be
assigned to the first available person on the list. An employee assigned mandatory overtime
shall have the option of accepting the first twelve hours of the shift or the entire shift. The
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second available employee on the list shall be assigned the balance of the shift. The
maintenance of the overtime list shall be the responsibility of the Union. All contractual
overtime pay earned during the pay period will be paid to the employee with his /her pay check
for that period, provided the overtime sheet is submitted during that pay period.
All FLSA overtime will be paid no later than 35 days after the FLSA period has ended.
In addition to its legal obligations to implement the provision of the Federal Insurance Contribution Act
to the extent applicable to employees, the City will make certain payments to or on behalf of employees
in the nature of a supplemental pension plan. Payments shall be made to the individual or to a city
sponsored deferred compensation plan, as the employee elects.
18.1 For employees hired prior to April 1, 1986, the City will pay the percentage, applied to eligible
gross, pay equivalent to the employer's FICA social security tax (currently 6.20 and FICA
hospital tax (currently 1.45 for a total of 7.65 under current law.
18.2 For employees hired after March 31, 1986, the City will pay the percentage, applied to eligible
gross pay, equivalent to the employer's social security tax (currently 6.20 The percentage
will include the FICA hospital insurance tax (currently 1.45 if and when the FICA law
changes such that the City need not, and does not, make the employer's FICA hospital insurance
tax contribution on account of the employee (NOTE; The characterization of an employee as
hired "prior to April 1, 1986" or "after March 31, 1986" shall be based on FICA law.)
183 Eligible gross pay, for purpose of this article, means that amount and those types of pay which
would, as a matter of law, be subject to the FICA social security tax if the employee were
included in, rather than excluded from, FICA social security tax coverage. Eligible gross pay
shall exclude payments made under this article.
18.4 In recognition of the contingency that employees in the future may be subject to the FICA social
security tax, the parties further agree that any such employees will not be entitled to any City
payments under this article.
18.5 In the event the FICA law is hereafter restructured [other than in terms of the rate(s) of
contributions or as contemplated in 18.4, above], this article shall be subject to reopening at the
request of either the City or IAFF Local 42088.
ARTICLE 19 WAGES
The following monthly wage rates shall be in effect throughout the term of this agreement:
19.1 The following Wage Differentials are hereby established:
Probationary Firefighter
80%
3rd Class Firefighter
85%
2nd Class Firefighter
90%
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I st Class Firefighter
100%
Captain/Inspector
115%
Battalion Chief
130%
19.2 The following General Wage Adjustments shall apply:
Effective on the January dates shown below, a general wage increase of 3.0% (2012) and 2.0%
(2013) shall be granted, which shall be added to the first class firefighter rate.
Fire Department Title
1/1/12
1/1/13
3.0%
2.0%
Probationary Firefighter
80%
$5,233
$5,338
13'd Class Firefighter
85%
$5,561
$5,672
0 °d Class Firefighter
90%
$5,887
$6,005
It s Class Firefighter
100%
$6,542
$6,673
ICaptain/Inspector
115%
$7,523
$7,673
Battalion Chief
130%
$8,505
$8,675
Pius, a 4.0% lump sum payment shall be paid to bargaining unit members, calculated on the
employee's 2011 base wages plus longevity pay. Such payment shall be paid within sixty (60)
days after contract signing by both parties.
19.3 For recruit employees who have completed an acceptable Fire Academy prior to their
employment, their probation shall extend one year (365 days) from their date of hire. For
recruit employees who must be sent to a Fire Academy after their employment, their probation
shall extend one year (365 days) from their graduation from the Fire Academy. Eligibility for
wages and benefits under the terms of this agreement will be administered for recruit employees
pursuant to the status quo.
19.4 Non -Shift Personnel shall receive the following wage differentials:
1st Class Firefighter /Inspector (One -Year Rotation Assignment)* 105.0%
Captain/Inspector* Captain/Training Year 1 116.5%
*aWa Captain/Deputy Fire Marshal (title only) Year 2 118.0%
Year 3 120.0%
Assistant Fire Marshal Year 1 TBD
*If implemented by the City Year 2 TBD
TBD To be Determined Year 3 TBD
Note: Once the employee leaves the position of Assistant Fire Marshal, the employee will
return to the Captain rate of pay.
Battalion Chief Year 1 131.5%
Year 2 133.0%
Year 3 135.0%
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Effective January 1, 2008, personnel currently assigned to non -shift positions shall be
compensated according to time already spent in the position (e.g. two years in position year 2
compensation, three years (or more) in the position compensated at the Year 3 level).
*The Job Description and requirements of a Firefighter /Inspector will be submitted in due
course, as funding becomes available. A selection process shall also be established.
In 2009 and beyond, a minimum four (4) year commitment on day shift assignments (i.e.
training and fire prevention) shall apply to all bargaining unit members who shall transition to
day shift assignments. Day shift employees shall transition back to the 24 hour shift during the
fifth year, upon the opening of a vacancy on the 24 hour shift. If no opening occurs in the fifth
year, the employee may return to the 24 hour shift at the completion of the fifth year. If the day
shift position must then be filled with a mandatory assignment, the Chief and the Union shall
negotiate the selection process.
Involvement of members in specialty assignments will be on a continuous or rotation basis
as part of their regular duties.
ARTICLE 20 MISCELLANEOUS LEAVE
20.1 BEREAVEMENT LEAVE In the event of a death in the immediate family of an employee, the
employee shall be granted up to two (2) shifts running consecutively (or three (3) days in the
case of forty (40) hour personnel) with pay. An additional one (1) shift for twenty -four (24)
hour shift personnel and two (2) days for day personnel may be approved and charged (as
requested) to the employee's accrued leave for out -of -state travel. Approval of such leave will
not be unreasonably withheld. Additional shifts or days may be approved and charged to
accrued leave, at the sole discretion of the Fire Chief or his /her designee.
Immediate family for purposes of this section is defined as: Spouse, domestic partner, son,
daughter, son -in -law, daughter -in -law, mother, father, brother, sister, grandchildren,
grandparents of the employee, and son, daughter, mother, father, sister, brother, grandparents
and grandchildren of the employee's spouse, or domestic partner.
20.2 FAMILY LEAVE Available to employees as provided for under RCW 49.12 (Family Care);
RCW 49.78 (Washington Family Leave Law); 29 CFR Part 825 (Federal Family and Medical
Leave Act); and City and department policies and procedures. FMLA for LEOFF I employee
shall incorporate the Memorandum of Understanding of 12/21/00.
Employees shall be allowed to use sick leave or other paid time off to attend to the illness or
health condition of immediate family members (i.e., a child, spouse, domestic partner, parent,
parent -in -law, or grandparent of the employee) in accordance with Federal and State Law.
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ARTICLE 21 ILLNESS OR INJURY LEAVE
Each employee incurring an illness or injury shall receive sick leave benefits computed on the
following basis:
21.1 LEOFF I shift personnel one shift (24 hours) per month until a maximum of three shifts are
accrued.
21.2 LEOFF I forty hour per week personnel one day (8 hours) per month until a maximum of ten
(10) working days are accrued.
21.3 LEOFF II employees shall be credited upon employment with sick leave benefits under this
article as follows:
24 -hour shift employees 3 shifts
Non -shift employees 3 days
Upon completion of six (6) months service with the City, the employee shall be credited with
additional sick leave under this article as follows:
24 -hour shift employees 3 shifts
Non -shift employees 3 days
Additional sick leave benefits shall then accrue at the rate of twenty -four (24) hours per month
to 792 hours. Benefits shall then be accrued at twelve (12) hours per month to a maximum of
1224 hours for 24 hour shift personnel; and eight (8) hours per month to maximum of 1008
hours for non shift personnel. A twenty -five percent (25 sick leave buyout shall be available
to bargaining unit members upon separation for retirement or duty connected disability, which
shall take effect upon signing of this Agreement by both parties.
Bargaining unit members utilizing sick leave may voluntarily re -bank sick leave by working a
shift on a future date, that would negate the need for the Department to hire back and pay
overtime to replace other members of the bargaining unit off shift due to illness, injury or
vacation shifts. The protocols will be established by the Fire Chief, or designee. An example
follows:
Employees may volunteer to be put on a "Debit Days" list to fill vacancies which would cause shifts to fall below
minimum stafjrng. Hours worked b one emplovee shall not exceed the number ofsick leave hours used by that
employee over the past 12 months. Employees that volunteer to work a 24 hour debit will get 36 hours credited to
sick leave. The Fire Chief will work with the Union on procedures for the administration of the "Debit List
21.4 The Chief may, at his discretion and for good cause, require an employee to obtain certification
of injury or illness from a physician (or other bona -fide healthcare practitioner) before the
employee is paid for such illness.
21.5 In any case where an employee is entitled to benefits or payments under the Workers'
Compensation Act, or subsequent legislation, the employee shall file for such benefits
immediately after an absence involving three (3) full or partial shifts for twenty -four (24) hour
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shift personnel and three (3) full days, or any part thereof, for non -shift personnel, as a result of
the same on the job injury or illness.
The Employer shall deduct one -half (1/2) of the amount of disability leave supplement from the
employee's accrued but unused sick leave as provided in RCW 41.04.5 10 in order to pay the
difference between the benefits and payments received under such Act by such employee and
the regular base monthly salary the employee would have received from the Employer if able to
work. Employee's contribution will be deducted from their accrued sick leave until such sick
leave is expended, or up to a maximum of eight (8) months from the date of injury, whichever
occurs first, except as otherwise provided herein.
The employee agrees to return to the City of Tukwila Finance Department within seven (7)
days, any funds received connected with Workers' Compensation, or subsequent legislation, as
long as they are maintained as a City employee. Refusal to return said funds shall be grounds
for discharge and recoupment.
In no way shall an employee be able to combine City or State provided funds to exceed his /her
regular base wages while on disability. While on a work related disability, the employee shall
continue to receive benefits as established by the collective bargaining agreement, up to a
maximum of eight (8) months from the date of the injury or illness. The employee shall
provide a monthly report from his /her physician on the status of his /her illness or injury, with
prognosis on his/her availability to return to work.
Subject to any return rights or limitations thereon which may exist as a matter of law, an
employee who separates from City employment due to a work related illness or injury shall be
eligible to return to work as a firefighter, if a position is available, under the following
conditions:
He /she must be released as rehabilitated by Labor and Industries.
He /she must be able to pass a departmental medical examination.
He /she must be able to perform the essential job functions.
21.6 Any employee who is injured on or off the job and is deemed to be without prognosis of returning to
work, may have their employment with the City terminated after six (6) consecutive months leave from
active work status due to the employee's inability to perform the essential job requirements, in
accordance with applicable law pertaining to illness and injury leave. This provision shall take effect
upon signing of this Agreement by both parties.
ARTICLE 22 JURY DUTY LEAVE
An employee who is required to serve on a jury shall be allowed authorized leave with pay, less any
amount received for such service. The employee shall be placed on a forty (40) hour work week, after
being selected for a jury, and shall remain so for such time as an employee is required to remain at the
disposal of the Court. An employee released by the Court from jury duty on any given day shall
immediately notify the operations chief for assignment to work.
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An employee, who as a result of official Tukwila Fire Department business, is required to appear before
a court, legislative committee or quasi- judicial body as a witness in response to a subpoena or directive,
shall be granted time off with pay when on duty and pay at the rate of time and one -half when off duty.
23.1 Elected Union officials or substitutes appointed by the Union shall be granted reasonable time
off with pay for the purpose of attending labor only conventions, conferences and seminars
provided that advance notification of the necessity for such time off is provided to the Fire
Chief, in writing, and further, the Union official or substitute shall provide a replacement
through the trading of shifts to insure minimum manning.
23.2 Reasonable time off with pay shall be granted elected Union officials or substitutes appointed
by the Union for the purpose of administering this agreement as well as to attend
labor /management relations training conferences open to both labor and management, subject to
the following conditions:
23.2.1. The City shall pay the required replacement, to maintain minimum manning
levels, at their straight time hourly rate, for up to three (3) shifts total per year.
23.2.2. Replacements required to maintain minimum manning levels beyond the initial
three shifts will be provided and paid for by the Union. The Employer reserves the right
to disallow such time off, should the Union fail to provide a replacement.
233 Negotiations shall normally be held at a mutually agreeable location at mutually agreed times.
Fire Fighters on the negotiations team who are scheduled for duty (limit of three) may conduct
negotiations with Employer representatives, while in an out -of- service status, without loss of
pay, provided such release time does not result in added costs to the Employer. Otherwise, any
negotiations team member in a scheduled meeting with the Employer during duty time shall be
in an in- service, on -duty status.
After normal work hours, pre negotiation activities will be allowed as long as there is no
interference with drills or work duties.
23.4 Firefighters on duty at outlying stations shall be allowed to attend regularly scheduled monthly
meetings oflAFF Local No. 2088. They shall be allowed to attend special meetings when it
does not interfere with work duties or drill, as determined by the Fire Chief. The meetings of
IAFF Local No. 2088 will be held at the Fire Station, or a central point in the City with prior
approval of the Fire Chief.
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ARTICLE 24 VACATION LEAVE
Vacation shall be figured on the following basis:
24.1 Fire Suppression Personnel (24 -hour shift)
Upon successful completion of the first year of Tukwila Fire Department service, the employee
shall have earned four (4) shifts of vacation. Vacation shifts shall be credited on anniversary
dates. After the first year, vacation times shall accrue monthly for the purpose of termination,
death or disability.
Yearly accrual shall be:
#Shifts
Minimum to be Taken Annuallv*
End of the 1 st year
4 shifts
End of the 2nd year
5 shifts
End of the 3rd year
6 shifts
End of the 4th to 5th year
7 shifts
End of the 6th to 8th year
8 shifts
50% Accrual /4 shifts
End of the 9th year
9 shifts
50% Accrual /4 shifts
End of the 10th to 13th year
10 shifts
50% Accrual 15 shifts
End of the 14th to 17th year
11 shifts
50% Accrual 15 shifts
End of the 18th to 21 st year
12 shifts
50% Accrual /6 shifts
End of the 22nd year and above
13 shifts
50% Accrual /6 shifts
*The minimum to be taken annually shall apply after the employee's 60 month of
employment
If an employee is required by Article 13.3 and /or Article 24.9 to use vacation leave to fill a
vacant FLSA period, that vacation leave shall count toward that employee's minimum annual
required vacation use (to be taken annually per the above table).
24.2 Persomnel assigned to any other than the 24 -hour shift shall earn vacation benefits as follows:
Vacation shall accrue at the rate of 96 hours following the twelfth (12 month of continuous
employment and after permanent status has been granted. Eight (8) hour's vacation shall accrue
for each month of continuous employment thereafter. After four (4) years, the employee shall
earn 8 hours per year additional vacation to a total of 136 hours in the employee's ninth year of
employment.
Vacations shall then annually accrue as follows: in each of the tenth (10 and eleventh (I lth)
years of service, the employee shall accrue 160 hours of vacation; in the twelfth (12 year of
service, 168 hours; in the thirteenth (13 year, 176 hours; and in the fourteenth (14 year, 184
hours of vacation. From the fifteenth (15 to nineteenth (19 years of service, the employee
shall accrue 200 hours of vacation. In the twentieth (20 year through the twenty fourth (24
year of service, the employee shall accrue 208 hours of vacation. In the twenty -fifth (25th) year
of service and beyond, the employee shall accrue 216 hours of vacation.
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Day schedule employees may take vacation leave in minimum amounts of two hours.
Year Hours
1 -4
96
5
104
6
112
7
120
8
128
9
136
10
160
11
160
12
168
13
176
14
184
15
200
16
200
17
200
18
200
19
200
20
208
21
208
22
208
23
208
24
208
25 (cap)
216
Personnel assigned to any other than the 24 -hour shift may take vacation leave in minimum
amounts of two hours.
24.3 Upon termination from City employment, an employee shall be paid cash at the normal rate of
pay for his /her unused vacation, provided permanent status has been attained; provided: the
employee shall not be paid out more than two (2) years accrued vacation in any case.
24.4 No more than two (2) vacation days may be scheduled per shift prior to Kelly Day selection.
24.5 Personnel may accurnulate up to two (2) years accrued vacation.
Exception: If an employee had scheduled as many as two (2) work cycles or less vacation and
then was unable to take such vacation due to serious illness /injury, the employee may exceed
the above maximum by that amount with the understanding that (1) the employee will bring
their vacation balance within the two (2) years maximum within an agreed upon period of time
of return to work. No vacation of less than one shift /day will be granted for 24 -hour shift
personnel. Vacations will be granted subject to the needs of the service.
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24.6 If an employee is prevented by injury or illness from working a full month, he /she will
nevertheless be entitled to vacation leave accrual for that month, provided he /she has accrued
sick leave sufficient to cover the remaining days of the month.
24.7 If vacation is applied for more than thirty (30) days in advance and the employer fails to cancel
this vacation within fourteen (14) calendar days of submittal, the canceled vacation day or days
shall be paid at double -time rate for the days worked. All cancellations shall be given in writing.
Any employee incurring a full or partial shift /day of vacation cancellation shall receive a full
replacement shift /day.
24.8 There are both voluntary and involuntary shift reassignments. Voluntary shift reassignment
occurs when the employer assigns the employee to a different shift per that employee's written
request. Involuntary shift reassignment occurs when the employer assigns the employee to a
different shift without the employee's written request for reassignment to that shift.
When voluntary shift reassignment occurs, any employee loss of vacation shifts constitutes a
cancellation of vacation by the employee. Voluntary shift reassignment does not trigger
Section 24.7.
When involuntary shift reassignment occurs, an employee shall be entitled to any block of
vacation time previously approved, using no more than the amount of the vacation hours
originally necessary for such block of time period. This "block" shall be defined as the time
from an employee's last day worked through the vacation period and up to the next scheduled
work day. Any vacation time not approved as outlined above shall be subject to section G.
24.9 Prior to September Kelly Day selections (Article 13.3), each shift suppression employee shall
select vacation leave for the subsequent year. Employees assigned to the 48/96 work schedule
shall select this leave in work cycles of two consecutive 24 hour shifts bounded on both sides by
regularly scheduled 96 hours off. Vacations chosen to fill Non -Kelly FLSA periods are not
cancellable. Otherwise, Vacation selections, once made, are only cancellable as long as the
employee uses the required minimum number of vacation shifts in a year.
Procedure: Vacation selections will be conducted in rounds by following the seniority chart,
below. The order of selection shall be in descending order by seniority, from the most senior
shift member to the least senior shift member. The most senior shift member first selects up to
as many vacation shifts as the Seniority Chart allows; then less senior members, in order of
seniority, each select up to as many vacation shifts as the Seniority Chart allows. This selection
process is then repeated once again, starting with the most senior shift member selecting up to
as many vacation shifts as the Seniority Chart allows, with less senior employee following in
order of seniority selecting as the Seniority Chart allows.
Employees with twenty (20) years of completed service may select up to six shifts (three
work cycles) per selection round.
2. Employees with ten (10) years of completed service may select up to four shifts (two
work cycles) per selection round.
3. Employees with less than ten (10) years of completed service may select up to two
shifts (one work cycle) per selection round.
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Each shift commander shall administer the selection process. If the employee is required to take
50% of his /her annual vacation, and if an employee does not timely select his /her vacation cycle
with the shift commander when the employee's turn come up, the vacation periods picks shall
be made by the the Fire Chief, or his designee (e.g. shift commander) and the picking process
shall move to the next senior member of the shift. The vacation shift selection made by the Fire
Chief shall not be cancellable. Upon the least senior employee's selection of a vacation cycle,
further vacation selections shall proceed as outlined by TFD policy.
No other vacation shifts shall be scheduled for the next year until this vacation and Kelly
process has been completed. After this vacation and Kelly day process has been completed,
other vacation and Kelly selections shall be conducted per Department policy.
Prior to September Kelly Day selections (Article 13.3 of the CBA), each shift suppression
employee may select vacation leave for the subsequent year. The employees shall select this
leave in blocks of two consecutive 24 hour shifts bounded on both sides by regularly scheduled
96 hours off.
Procedure: The order of selection shall be in descending order by seniority, from the most
senior shift member to the least senior shift member. The most senior shift member first selects
one regular shift work cycle; then less senior members, in order of seniority, each select one
regular shift work cycle. This selection process is then repeated once again, starting with the
most senior shift member selecting one regular work cycle, with less senior employees
following in order of seniority. At the conclusion of this process, each employee will have up to
four vacation shifts scheduled. During this contractual vacation selection process, no more than
two (2) employees may schedule vacation leave on a given shift day.
Each shift commander shall administer the selection process. If an employee does not timely
select his /her vacation cycle, the selection choice shall move to the next senior member of the
shift. Upon the least senior employee's selection of a vacation cycle, further vacation selections
shall proceed as outlined by TFD policy.
24.10 Under the 48/96 schedule, after Kelly Day selections are conducted per Article 13.3, any
employee who has an FLSA period that does not contain either a Kelly Day or a Vacation Day,
shall select at least one shift of vacation in that vacant FLSA period. Vacations chosen to fill
Non -Kelly FLSA periods shall not be cancellable. If the employee does not have a shift of
vacation available, the Fire Chief may split one of the employee's Kelly Days, as provided in
Article 13 B., above. It shall be the Department's decision whether or not a split is needed to
make the vacation picking system work.
24.11 The City and Union will come up with a mutually agreeable system that spreads
vacations more uniformly over the calendar year, when employees are working the 48/96
schedule. The Chief and Union will work out an understanding that will be memorialized in a
TFD policy or in an MOU and negotiate the effects of the understanding reached between the
Chief and the Union.
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25.1 Employees may be disciplined for just cause, subject to appeal to a decision through either the
grievance procedure or to the Civil Service Commission, but not through both processes to a
decision. In order to preserve his /her right to appeal to the Civil Service Commission, an
employee may file an appeal with Civil Service and also file a grievance with the Union as
outlined in Articles 25 and 27. However, when the grievance is submitted to the Fire Chief
within the time frames established in Article 27, this shall constitute an election of the grievance
remedy. If the grievance is not submitted to the Fire Chief, then appeal to the Civil Service
Commission shall have been elected by the employee and the Union.
25.2 Disciplinary action may include but not be limited to oral reprimand /counseling, written
reprimand, suspension without pay, demotion and discharge.. Actions other than these may be
undertaken subject to agreement between the affected employee, the Union and the City.
25.3 Prior to the imposition of discipline other than oral reprimands, the employee shall be provided
an opportunity to meet with the Chief or his /her designee to discuss the alleged violation. At
the time the employee is advised of the meeting, the employee will be informed as to the
general nature of the violation to be discussed. At the meeting, the employee shall be provided
with a copy of written violation(s) or charge(s) and shall have an opportunity to review
documents then in the control of the Chief or his /her designee which the Employer will use as
proof of the alleged violation and the employee will have the opportunity to present his /her side
of the issue.
25.4 This shall not prevent the Employer from suspending the employee, with pay, from all further
duties pending the final decision as to the appropriate discipline or the overturning of said
discipline by the appropriate authorities.
25.5 The employee shall also be entitled to have a Union representative, upon request, at any
meeting held with the Employer to discuss facts which may lead to potential disciplinary action
against him or her.
25.6 No disciplinary documentation may be placed in an employee's personnel file that is within the
Employer's control without going through Article 25.3 above. The employee shall
sign /acknowledge the disciplinary document, with the understanding that the material will go
into his /her personnel file.
25.7 Unless otherwise agreed by the employee, Union and Employer, no disciplinary action shall
have any effect beyond three years. However, if further discipline is administered within those
three years, the preceding disciplinary action(s) shall have no effect beyond three years after the
most recent discipline. Upon the lapse of the effect of any disciplinary action, and upon the
written request of the employee, the disciplinary document shall be removed from all personnel
files within the Employer's control. Except that no documentation shall be removed from any
file during that period of time that the employee is specifically a party to any grievance
arbitration, PERC proceeding or civil litigation.
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25.8 Oral reprimands /counseling may be documented by the employer and maintained only in Fire
Department files. An oral reprimand shall have no effect beyond one year (i.e. twelve months of
active employment), provided the employee has received no other related discipline in that time
period. However, if the employee receives related discipline within that time period, the earlier
discipline shall have no effect beyond one year of the most recent disciplinary action. Upon the
lapse of the effect of the disciplinary action and upon the written request of the employee, the
disciplinary document shall be removed from the Departmental files.
25.9 Generally, if the employee continues to disregard an oral reprimand /counseling, a written
reprimand, or more serious discipline, will be issued.
25.10 No appeal of discipline shall be subject to arbitration under the terms of Article 27, Grievance
Procedure, without approval of the Union.
ARTICLE 26 DRUG AND ALCOHOL TESTING
The Union and Employer have jointly agreed to assure that the employees represented by the Union are
committed to a drug and alcohol abuse free workplace. Accordingly, the Union and Employer have
adopted policies and procedures outlining drug and alcohol testing.
ARTICLE 27 GRIEVANCE PROCEDURE
27.1 Purpose
The purpose of this grievance procedure is to provide an orderly method for resolving grievances. A
determined effort shall be made to settle any such differences at the lowest level in the grievance
procedure; and there shall be no suspension of work or interference with the operations of the
Employer.
This article describes the grievance resolution process agreed upon between the union and the
employer. Notwithstanding any provision herein, this article does not give an individual employee any
contract -based right of arbitration beyond the right to submit his /her grievance to the Grievance
Committee (Section 27.3.1, below). However, the individual employee has additional rights pursuant
to RCW 41.56.080.
27.2 Definition
An alleged violation of specific term or condition of employment specifically set forth in this Labor
Agreement or the application of any policy, rule or regulation regarding conduct or work performance
promulgated by management shall be resolved as set forth.
Any alleged violation or application of any policy, rule or regulation not contained in this agreement
shall be resolved in accordance with this Article, up through submission to the Mayor's office for
his /her consideration, in accordance with Article 27, Section (C)(2).
Any alleged violation of any provision of this Agreement shall be resolved up to and including binding
arbitration as set forth in Article 27.3.3.
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No grievance of discipline shall be subject to arbitration under the terms of Article 27, Grievance
Procedure, without approval of the Union.
27.3 Procedure
27.3.1. Any member or group of members of the bargaining unit that believe he /she or they have been
aggrieved must, within fourteen (14) business days of his /her or their knowledge of the alleged
grievance, submit a written statement of the grievance to the bargaining unit's Grievance Committee
with all relevant facts involving the alleged grievance. Upon receipt of the grievance, the Committee
shall determine if a grievance exists. If, in the Committee's opinion, no grievance exists, no further
action is necessary.
If the Grievance Committee's determination is that a grievance merits the Union's support, the
Committee, and /or the grievant, shall present to the Fire Chief a written statement, with a copy of the
original grievance, setting forth the nature of the grievance, all contract sections allegedly violated, the
facts on which it is based and the relief requested.
Note: The City opts to state the timefraines in terms of "business" days rather than "calendar" days.
"Business days" are Monday through Friday, excluding days the Fire Department business office is not
open to the public (e.g., emergency closures of City Hall and designated holidays).
The aforesaid presentation shall be made within twenty (20) business days of receipt of the grievance
by the Grievance Committee. If the grievance has not been settled within the twenty (20) business days
after submittal to the Fire Chief, the Grievance Committee may elect to continue with the contractual
Grievance procedure on behalf of the employee if the individual employee does not pursue an appeal of
the grievance issue to the Civil Service Commission. An appeal shall not be made in both forums
It is understood, however, that an individual incident may give rise to alleged violations of contract or
rights allowed by law that are separate points of violation. Nothing herein shall limit the right of the
employee and /or the Union from pursuing the violations in the above forum deemed appropriate by the
Union for each violation.
27.3.2. If the grievance is appealed through this contract, the Mayor, or his /her representative, shall
respond in writing within twenty (20) business days of receipt of the written Grievance.
27.3.3. If, after fifteen (15) business days from receipt of the Mayor's or his /her representative's reply,
the grievance remains unresolved, the grievance as set forth above may be submitted by the Union to a
recognized arbitrator from a list requested from the American Arbitration Association (AAA), unless
mutual agreement is reached to request a list from another source. The representatives of the Employer
and the Union shall alternately eliminate the name of one person from the list until only one name
remains. The grieving party will strike the first name from the list. The arbitrator shall conduct a
hearing and his /her findings shall be binding on all parties. The expenses of the arbitrator shall be
borne equally by the parties and each party hereto shall pay the expenses of their own representatives
(e.g. witness and attorneys fees).
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If, by mutual consent of the Grievance Committee and the Employer's representative, it is deemed to be
in the best interest of both parties, the above mentioned time limits may be adjusted by agreement of
both parties.
In arriving at any disposition or settlement of a grievance hereunder, neither party nor the arbitrator
shall have the authority to alter this Agreement or negotiate a new agreement.
27.3.4 Election of Remedies
The employee may utilize the grievance procedure, to file a grievance on discipline or discharge,
otherwise appealable to the Civil Service Commission, based upon a claim that the discipline or
discharge is without just cause. In the event of arbitration involving an issue of discipline, up to and
including discharge, the arbitrator's role shall be to determine whether the facts upon which the
decision is based are true. The arbitrator shall not have the power to overturn the Employer's decision if
the alleged facts are proven true and that the discipline received is reasonable based on the evidence
presented to him or her.
In the event an employee elects to pursue a Civil Service appeal concerning his or her employment
status or conditions, no grievance under this agreement by or on behalf of the employee shall be
pursued to the extent the subject matter of the Civil Service appeal overlaps with any actual or potential
grievance under this Agreement.
It is specifically and expressly understood and agreed that any alleged violation of any provision of this
agreement that cannot be resolved under Article 27.3.1 or Section 27.3.2 shall be resolved through
Article 27.3.3 and not the courts. Any appeal to arbitration shall constitute an Election of Remedies and
waiver of any and all nights of the appealing employee, the Union, and all persons it represents to
litigate or otherwise contest the appealed subject matter in any court or other available forum.
Likewise, litigation or any other contest of any subject matter involving an employee or the Union in
any court or other available forum shall constitute an Election of Remedies and a waiver of the right to
arbitrate the matter.
ARTICLE 28 PROMOTIONS
The following guidelines shall govern all promotions for positions within the established bargaining
unit:
28.1. The examination process shall be impartial, job related, and shall assess the candidate's
ability to perform the requirements of the position. The Department will be open to input from
elected officials of IAFF Local 92088 prior to the testing process to accomplish these goals.
28.2. Selection of a candidate for a promotion shall be in accordance with City of Tukwila
Civil Service Commission rules and regulations and based on the candidate's past work record,
education, knowledge of job duties and ability to perform all requirements of the position.
28.3. Promotions shall be made from a promotional list established through the examination
process. The Rule of Three shall be used by the appointing authority in accordance with Civil
Service rules as currently in effect or hereafter amended.
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The Fire Chief and /or his /her designated representatives shall meet and confer on a regular and on an as
needed basis with the employees to discuss safety rules, firefighter safety, and safety standards for
carcinogens for the express purpose of developing Policies and Standard Operating Procedures to
insure Employer and employee compliance with the appropriate Washington Administrative Codes.
Seniority shall mean an employee's length of service with the department and shall be computed from
the date the employee began such service. In the case of identical service dates, seniority shall be
defined as the employee who had the highest total entry level test score on the Civil Service exam.
Seniority shall not be earned by an employee under the following conditions:
during a period of justified suspension for disciplinary reasons for a period of thirty (30)
days or more,
during a period of an unpaid leave of absence,
during a period of layoff.
31.1 Employees shall have the right to exchange shifts, or portions thereof, when the change does not
interfere with the operation of the Fire Department. Such shift exchanges shall follow the procedures
outlined in the departmental policy on the subject. These exchanges are private arrangements between
individual employees, and the employer has no duty to police or enforce these arrangements. Shift
exchanges shall not result in any increased net cost to the Employer (including any overtime costs), nor
shall it have a significant impact on the workload of Fire Administration (e.g., having to resolve
disagreements between individuals). The current departmental shift change policy has been
established, and any subsequent shift change policy shall be established through negotiations between
the Fire Chief or his /her representative and the Union executive board for the duration of this
agreement.
31.2 Any officer may exchange shifts, or portions thereof, only with another officer or acting officer on
the officer's eligibility list. A firefighter may only exchange shifts or portions thereof with another
firefighter. An entry -level probationary firefighter may only exchange with another entry level
probationary firefighter. However, any shift employee on the same shift may exchange Kelly Days
with any other shift employee, regardless of rank.
31.3 In the event that a Union member is unable to pay back a traded shift due to illness, that
employee shall attempt to find a trade replacement. If the employee is unable to find a trade
replacement, the employee will have the option of using sick leave at straight time if no overtime
situation is incurred. If an overtime situation (specifically caused by the missed standin) is incurred
by the Department, the member will be required to pay the time back as future overtime situations
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present themselves in the form of a "Debit Day" as referenced in Article 21.3. The employee will not
be eligible to receive overtime until the equivalent of the missed shift has been offset by an equivalent
number of hours worked. The member will not be required to pay time back caused by an overtime
situation incurred by subsequent sick leave taken by another member on the same shift.
31.4 When an employee has exhausted all paid leave, including sick leave, vacation leave, and shared
leave, and continues to be unable to return to work, employees have the right to exchange shifts with
that injured /ill employee, provided these exchanges do not interfere with the operation of the Fire
Department. Such shift exchanges shall follow the procedures outlined in a departmental policy on the
subject and applicable City of Tukwila Civil Service Rules and Regulations.
Under these circumstances, officers may stand in for fire fighters, so long as there is a vacant officer
slot; fire fighters may stand in for officers as long as the minimum officer staffing as established by
department policy is met; and probationary firefighters may stand in for probationary firefighters. Such
shift exchanges must be uninterrupted and continuous so that they do not cause administrative
difficulties.
ARTICLE 32 SUBSISTENCE
In the event that employees are required to attend department authorized schools, seminars, or courses
which require meals or lodging expense for events beyond five hour duration, such expenses shall be
reimbursed as follows:
32.1. MEALS On -duty personnel will be reimbursed for meals based upon the rate structure and
procedures in place at the time in the City of Tukwila policies.
Off -duty personnel will be compensated for their meal period while attending mandatory
schools, seminars, or courses in lieu of meal reimbursement.
32.2. LODGING -Hotel and motel expenses will be reimbursed on completion of authorized travel
upon submittal of proper claim. A reasonable class of accommodation shall be selected where
choice is available. The single rate should be clearly indicated on all receipts.
Employees may request to have subsistence expenses pre -paid in accordance with City of
Tukwila policies as they currently exist or are hereafter amended.
32.3 TRAVEL EXPENSES
Employees will be covered by City Policy regarding reimbursement for travel expenses while on City
business.
Personnel required to provide private transportation to attend schools, seminars, or courses
required by the Employer shall be reimbursed at the standard IRS rate for business use of an
automobile.
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For the purposes of this article:
32.3.1. Any local basic Recruit Academy is considered as a City work station and thus is
excluded from the reimbursement provisions; and
32.3.2. A location that is greater in distance from the Tukwila Headquarters fire station than the
North Bend Recruit Academy site (i.e. 45 miles) shall not be considered "local
33.1 Purpose:
The purpose of the fitness program shall be the improvement and maintenance of firefighter health and
wellness. Firefighter physical fitness is expected to benefit both the City, its employees and the public.
Improved fitness is expected to reduce sick leave and lower both disability and disability retirements.
Further, fitness is expected to cause better and safer job performance. The City and the Union recognize
that firefighters must maintain certain levels of physical fitness in order to perform the essential
functions of their job. The City agrees to support the fitness program by providing adequate funding for
equipment, periodic physical assessments, and time for daily fitness activities. The Union and
employees agree to support the fitness program by accepting mandatory daily on -duty participation for
all members who respond to emergency operations.
33.2 Committee:
The management -labor fitness committee has been established to research, implement and monitor the
physical fitness program. The committee shall define issues and make recommendations to the Fire
Chief on issues relating to medical screening of employees, minimum levels of physical fitness,
assessment of employee fitness, exercise routines for promoting fitness, and the administration of the
program.
33.3 Medical Screening:
Fitness program administrators contracted by the City shall screen program participants with a risk
assessment to discover those who might need a medical exam prior to participating in the fitness
program. Employees at high risk shall see a physician of their choice to be cleared for participation.
The physician shall either assess the employee's fitness level and recommend a fitness program for the
employee, or shall clear the employee for participation in the departmental fitness program, assessment
and subsequent fitness routine recommendations.
33.4 Fitness Assessment and Fitness Routine Recommendations:
Fitness assessment shall be conducted at least annually. Assessment shall include, but shall not be
limited to cardiopulmonary fitness, body composition, flexibility, strength and blood pressure. The
program will use a peer- fitness trainer option, so that properly trained employees can administer
assessments and fitness routines. If the peer fitness trainer option proves unsatisfactory to either the
department or the union, the program shall use a professional fitness trainer(s) to conduct assessments
and to issue fitness routine recommendations. Fitness routine recommendations shall include physical
Tubvila IAFF 2088 Final 2012 -13 CBA
Page 31
IWW
activities in which the employee will participate during on -duty fitness drill. All employees shall have
their fitness routine recommendations updated at least once each year, from either their personal
physicians or the departmental fitness program.
33.5 Fitness Drill:
Daily fitness drills shall be mandatory and shall be documented as such on the station monthly fitness
log. Twenty -four hour shift employees shall participate in fitness drill once each shift. Non -shift
employees shall participate in fitness drill two times each week. Each employee shall follow his or her
individual fitness routine recommendation, designed to improve flexibility, and aerobic and strength
capacity to meet the demands of the job. The shift officer or work supervisor shall schedule at least
sixty minutes so that fitness drill can be completed during the regular business day, or between 0800
and 1700 hours for shift personnel.
33.6 Confidentiality:
Results of medical screening, fitness assessment and fitness routine recommendations shall remain
confidential between the physician or fitness trainer and the employee, unless a release of such
information is agreed by the employee. Individual results of medical screening, fitness assessment, and
fitness routine recommendations shall not be disclosed to any other City employee, except for the
employee being screened, assessed or recommended, except as provided in this section. Under the
peer fitness trainer option, the employee designated as the trainer may also have access to individual
results of employees whom he or she is assigned to train, with the written permission of the employee.
Further, departmental or shift fitness results may be aggregated for the purposes of evaluating the
program as a whole and educating employees, so long as these results do not disclose an individual's
identity or other confidential information.
33.7 Discipline:
Employees may be disciplined for failure to participate in fitness drill. No employee shall be
disciplined for failure to meet any recommended fitness standard, except as provided in Savings below.
No employee shall be disciplined for failure to participate in fitness drill when other departmental tasks
take priority, such as responding to emergency calls or returning equipment and apparatus to
emergency readiness. Discipline for failure to participate in fitness drills may be administered when:
(1) the employee has received a fitness screening, evaluation and fitness routine recommendation, and
(2) adequate equipment and time has been made available during the regular business day.
33.8 Costs of the Program:
Costs involved in the maintenance of this program shall be borne by the City. Moneys shall be
adequately budgeted annually for appropriate equipment expenses and fitness screening /assessment and
fitness routine recommendation costs.
33.9 Savings:
The fitness program will not be used to identify an employee for medical testing for fitness for duty.
However, nothing herein shall be construed to undermine the Employer's right to continue to require
Tukwila IAFF 2088 Final 2012 -13 CBA
Page 32
I
fitness for duty evaluations based upon observable limitations, observed outside fitness assessments, or
fitness drills conducted under this Article. Likewise, the parties agree that an employee's inability to
perform an essential element of the job is a separate issue and that removal from the workplace or
discipline shall be for cause under the terms of the labor agreement or for disabling illness or injury
under Article 21 and applicable laws. In such cases, the Department may provide the employee a
reasonable period of time to achieve the ability to perform, so continued employment does not
compromise the health or safety of the employee, members of the Fire Department, or the public.
SIGNED THIS
IAFF LOCAL NO. 2088
Steve K. Rydeen, President
IAFF Local 92088
Date:
Attest:
DAY OF
FOR THE CITY OF TUKWILA
Jim Haggerton, Mayor
CITY OF TUKWILA
2012.
Christy O'Flaherty, City Clerk
Tubvila 1AFF 2088 Final 2012 -13 CBA
Page 33
187
Appendix A
Clothing Allowance Matrix 2012 -13
Uniform Item
Quantitv
Service Years
Approximate Cost
Avg Cost Per Year
"C" Coat
1
10
$300.00
$30.00
Boots
1
2
$300.00
$150.00
T Shirts
6
2
$90.00
$45.00
Belt
2
10
$60.00
$6.00
Ball Cap
1
3
$20.00
$7.00
Watch Cap
1
5
$25.00
$5.00
Sweat Shirt
2
3
$130.00
$40.00
Class "A" Collar
1
10
$70.00
$7.00
Class "A" Uniform
1
20
$800.00
$40.00
$1,795.00
$330.00
Tukwila 1AFF 2088 Final 2012 -13 CBA Page 34
COUNCIL AGENDA SYNOPSIS
A(;1,M),\ I'r \I Tl'17,1?
Initials ITEM NO.
Alleeting Date I Prepared by I rluyor� review I C,eyulcil
06/25/12 i SB i -V� S P E 3.B.
ITEM INFORMATION
STA F SPONSOR: STEPHANIE BROWN ORICIN;\].A(;1- -.NI)A DA'1'1 06/25/12
Authorize the Mayor to sign the Collective Bargaining Agreement (CBA) for the
Tukwila Police Officers Guild for contract years 2011 -2013.
C,\'I'F,GOItY ®Discal.crion ®Motion Resolution ❑Ordinance .I3idAzvard Pu6lic Enearing Other
Alt g Date 6/25/12 12tg Date 6125112 Aftg Date A2tg Date AV Date Aftg Date Alt Dale
SPONSOR Council Mayor 14R DCD .Finance .Fire IT P &R Police P1P/
SPOivSOR'S City staff, labor relations consultant, and Tukwila Police Officers' Guild opened labor
SUNL \d. \R\' negotiations on July 15, 2010, in an effort to reach an agreement on a successor labor
contract for the Commissioned Tukwila Police Officers. A tentative agreement has been
reached and information is being presented for City Council approval and to authorize the
Mayor to sign the Collective Bargaining Agreement (CBA).
Rr\ /im BY cow Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: N/A COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONst �Iz /AI)N Human Resources
C0 M]'1 "I'l?I?
COST IMPACT FUND SOURCE
FNITM)ITUM:1 RI�,(?UIRI;,ll AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
C01111nen /S:
MTG. DATE I RECORD OF COUNCIL ACTION
06/25/12
I MTG. DATE
06/25/12
ATTACHMENTS
Informational Memorandum dated 6/20/12
Tukwila Police Officers' Guild Collective Bargaining agreement
I'I,
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
r
FROM: Stephanie Brown, Human Resources Director j
DATE: June 20, 2012
SUBJECT: Tukwila Police Officers Guild Collective Bargaining Agreement
BACKGROUND
The City and Executive Board of the Tukwila Police Officers Guild opened labor negotiations on
July 15, 2010, in an effort to reach an agreement on a successor labor contract. A tentative
agreement, negotiated in good faith between the parties, was reached on June 11, 2012 which
resulted in a three year contract (2011- 2013).
In alignment with Council initiatives, concern about the continuing downturn in the economy,
and budget considerations in future years in the total cost of compensation, the City and Police
Officers Guild negotiated a successor labor agreement based upon mutual interest.
The contract provides for a wage increase of 0% for 2011;3.5% for 2012; and 3.5% for 2013. In
addition, the Tukwila Police Officers Guild members will receive a one -time payment signing
bonus of $900 per officer. The City's contribution toward medical insurance will be capped at
8 the Police Department has created a new patrol unit called the CBD Team that will focus on
the Central Business District needs of the City. They will receive premium pay in alignment with
other Officers who perform specialty assignments.
Overall, the negotiation process went smoothly and was a good collaborative effort by both
parties.
RECOMMENDATION
The City Council is being asked to authorize the Mayor to sign the successor collective
bargaining agreement between the City and the Tukwila Police Officers Guild Labor agreement.
Thank you.
ATTACHMENT:
2011 -2013 Tukwila Police Officers Guild Collective Bargaining Agreement
191
l
TUKWILA POLICE COMMISSIONED
2011 -2013
LABOR AGREEMENT
between the
CITY OF TUKWILA
and the
TUKWILA POLICE OFFICERS' GUILD
Effective
2011 -2013
06/20/12
2011 -13
193
2
TABLE OF CONTENTS
TITLE
PAGE
Preamble
I
4
Article 1
RECOGNITION AND BARGAINING UNIT
4
Article 2
GUILD MEMBERSHIP AND DUES DEDUCTION
5
Article 3
WORKING OUT OF CLASSIFICATION
6
Article 4
HOURS OF WORK
6
Article 5
SALARIES
19
Article 6
PREMIUM PAY
19
Article 7
DEPARTMENT WORK RULES
20
Article 8
CLOTHING AND EQUIPMENT
22
Article 9
SICK LEAVE
26
Article 10
HOLIDAYS
281
Article 11
EDUCATION ALLOWANCE
30
Article 12
MASTER POLICER MASTER SERGEANT PLAN
32
Article 13
LONGEVITY PAY (MOU)
38
Article 14
VACATIONS
381
Article 15
PENSIONS
40
Article 16
MEDICAL COVERAGE
40
Article 17
PROBATIONARY PERIOD
42
Article 18
DISCIPLINARY PROCEDURES
43
Article 19
MANAGEMENT RIGHTS
46
Article 20
GRIEVANCE PROCEDURE
47
Article 21
NO STRIKE
50
Article 22
LEAVES
50
Article 23
INDEMNIFICATION
51
Article 24
SAVINGS CLAUSE
53
Article 25
ENTIRE AGREEMENT
54
Article 26
SAFETY
54
06/20/12 2011 -13
194
TABLE OF CONTENTS
TITLE PAGE
Article 27 II DURATION OF AGREEMENT 54
I
Appendix "A" WAGE SCHEDULE REVISIONS (2011 -13) 56
Appendix "B" MPO SCHEDULE (2011 -13) 60
06/20/12 2011 -13
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4
PREAMBLE
This mutual agreement has been entered into by the Tukwila Police Officers'
Guild (hereinafter referred to as "Guild'), and the City of Tukwila (hereinafter
referred to as "City" or "Employer'). The purpose of this Agreement is the
promotion of harmonious relations between the Guild and the City, the
establishment of equitable and peaceful procedures for the resolution of
differences, and the establishment of rates of pay, hours of work, and other
terms and conditions of employment.
ARTICLE 1 RECOGNITION AND BARGAINING UNIT
SECTION 1.1 Guild. The City of Tukwila recognizes the Guild as the
exclusive bargaining representative of the Police Department for all
employees in positions certified by the PERC as being within the Guild's
bargaining unit; provided that neither party waives its right to petition the
Public Employment Relations commission to add to or delete from the above
list in accordance with established time frames and procedures.
SECTION 1.2 Negotiations Sessions. Employees who serve on the Guild
negotiations committee shall be allowed time off from duty with pay to attend
negotiation sessions with the Employer during working hours, provided prior
notification is given to the Chief, or his designee, and the time is mutually
agreed upon. For the purposes of negotiations with the Employer, the
number of official representatives of the Guild shall be limited to four
members.
SECTION 1.3 Guild Business. The City shall afford Guild representatives a
reasonable amount of time while on -duty status to consult with appropriate
management and /or aggrieved employees, provided that the Guild
representatives and /or aggrieved employees contact their immediate
supervisors, indicate the general nature of the business to be conducted,
and request necessary time without interference with assigned duties.
Employees who are subpoenaed to appear as fact witnesses during a Civil
Service Hearing, PERC hearing or Labor arbitration may be allowed to
attend without loss of pay, only during their testimony. For purposes of Guild
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5
business with Employer, the Guild will notify the Employer as to its official
representative(s).
ARTICLE 2 GUILD MEMBERSHIP AND DUES DEDUCTION
SECTION 2.1 Required. Membership in the Guild is required within thirty
(30) days of employment, unless an exemption is granted for a bona fide
reason per RCW 41.56.122. All employees within the bargaining unit
shall, as a term and condition of employment, join and continue
membership in the Guild or pay an agency fee to the Guild for their
representation to the extent permitted by law. Current employees who are
Guild members shall continue their membership throughout the life of this
Agreement or pay an agency fee to the Guild for their representation.
SECTION 2.2 Exemption. In accordance with RCW 41.56.122, employees
covered by this Agreement who for bona fide religious tenants or teachings
of a church or religious body are forbidden from joining a Guild shall
contribute an amount equivalent to regular monthly Guild dues to a non-
religious charity or to another charitable organization mutually agreed upon
by the affected employee and the Guild monthly instead of Guild dues. The
employee shall furnish written proof to the Guild that such contribution has
been made. If the employee and the Guild cannot agree on the non-
religious charity, the Public Employment Relations Commission shall
approve the charitable organization. It shall be the obligation of the
employee requesting or claiming the religious exemption to show proof to
the Guild and City that he /she is eligible for such exemption.
SECTION 2.3 Dues Deduction. Upon receipt of written authorization
individually signed by a bargaining unit member, the City shall deduct from
the pay of such member, the amount of dues as certified by an officer of the
signatory organization and transmit the amount to the Guild in a timely
manner. The Guild agrees to indemnify and hold the Employer harmless
against any and all claims, suits, orders or judgments brought or issued
against the Employer as a result of any action taken or not taken by the
Employer under the provisions of this Article, unless caused by the
negligence of the Employer.
06/20/12 2011 -13
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A
ARTICLE 3 -WORKING OUT OF CLASSIFICATION
SECTION 3.1 Sergeant. The Employer agrees that it is in the best interest
of the City that each unit/shift should normally have a sergeant or acting
sergeant on duty. Therefore, should any employee be required to act as
sergeant for more than two hours, he /she shall be paid a premium of seven
percent (7 of the employee's base rate of pay per hourback to the first
hour. Additionally, an employee eligible for premium pay pursuant to Article
6 of this Agreement at the time he /she is required to act as a sergeant shall
continue to be paid such premium pay during the assignment. It is
understood that assignments of supervisory duty will be made by the Chief
of Police or his /her designee.
SECTION 3.2 Commander /Assistant Chief. If a Sergeant is assigned by
proper authority to work out -of -class as a Commander or Assistant Chief for
a period in excess of one week, he /she shall be paid a premium of seven
percent (7 of the Sergeant's base wage per hour for the entire period of
assignment. Additionally, an employee eligible for premium pay pursuant to
Article 6 of this Agreement at the time he /she is required to work out of class
as a Commander or Assistant Chief shall continue to be paid such premium
pay during the entire period of the assignment. If an acting appointment is to
extend beyond 30 calendar cays, the Chief will request a provisional
appointment from the Civil Service Commission.
ARTICLE 4 HOURS OF WORK
SECTION 4.1 GENERALLY. This Article is intended to define the normal
hours of work, to provide the basis for calculation of overtime, and to set
forth the policy on compensatory time. Compensation shall not be paid
more than once for the same hours under any provision of the Agreement.
For the purposes of FLSA compliance, the Employer reserves the right to
maintain and modify, as necessary, work period designations for different
shifts in accordance with FLSA 207(k). For example this includes different
work periods for different shifts (e.g. a 28 day work period for employees
on a 5 -2 or 4 -10 or 12 hour work schedules and a 27 -day work period for
employees on a 6 -3 hour work schedule).
198 06/20/12 2011 -13
SECTION 4.2 SCHEDULES.
A. Hours of Work
1. Patrol Division 12 -Hour Work Schedule
Such schedule shall be three (3) consecutive twelve (12)
hour days worked followed by four (4) consecutive days off
followed by four (4) consecutive twelve (12) hour days
worked followed by three (3) consecutive days off during
each fourteen (14) day period. The FLSA work period shall
be 28 days.
2. Non Patrol Schedule
The work schedule for Guild employees assigned to non
patrol work, except the School Resources Officer, will be the
equivalent of forty (40) hours per week on an annualized
basis and the normal work hours shall be four (4)
consecutive ten (10) hour days worked followed by three (3)
consecutive days off during each seven day work period.
3. The School Resource Officer's normal work hours will be the
equivalent of forty (40) hours per week on an annualized
basis and will be five (5) consecutive eight (8) hour days
worked followed by two (2) consecutive days off during each
seven day work period.
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199
8
4. The Central Business District Team's schedule shall be four
(4) consecutive ten (10) hour days worked followed by three
(3) consecutive days off during each seven (7) day period.
The FLSA work period shall be 28 days.
5. Meal /Break Period
Schedules shall be inclusive of the meal period. Officers
assigned to Patrol on 12 -hour shifts will be allowed to take
rest or meal breaks, duties permitting, as two 30- minute
meal breaks and two fifteen minute rest breaks. The meal
and rest breaks shall be spaced over the course of a shift
and breaks cannot be combined without prior authorization
from the shift supervisor.
All Officers, other than Patrol Officers, will be allowed a 30-
minute meal break and two fifteen minute breaks. Breaks
may be combined with prior authorization from the shift
supervisor. While on either meal break or rest such Officers
may be subject to call for service.
B. Staffing
The following policy will be adhered to except when the unusual
occurrences create increased staffing needs (e.g. civil disorder,
national disaster, holiday, significant event, etc.)
1. Staffing levels
The Chief agrees to discuss any staff configuration changes with
the Guild prior to making any long -term adjustments in staffing
levels. The Guild recognizes the ultimate right of the Chief to adjust
staff levels within the department.
200 06/20/12 2011 -13
0
2. Staffing Administration
Current on duty staffing levels for patrol on each shift is one (1)
supervisor and six (6) officers up to two (2) hours prior to the shift,
with the following exceptions:
a. During the two (2) vacation bids that occur in conjunction
with the shift bids twice a year, the City will allow vacation
requests down to one (1) supervisor and five (5) officers on
each on -duty patrol squad.
b. One (1) officer assigned to the patrol division will be allowed
to be on vacation during each shift even if it results in the
payment of overtime. Consideration will be given to allowing
additional officers off on vacation each shift based on
staffing need.
With regard to "unusual occurrences where practical, the Chief
shall provide these dates prior to the twice per year vacation bid.
The holidays specified herein are the Day after Christmas, the Day
after Thanksgiving, the 4 th of July and New Year's Eve. The
significant events referenced herein are those events on any given
day that may reasonably be expected to threaten public safety if
staffing levels are not increased as determined by the Chief or his
designee.
C. Shift Changes Between Officers
Shift changes between officers shall be subject to the approval of
the Chief, or his designee.
SECTION 4.3 Dog Handler(s). Dog Handlers will be assigned a twelve
(12) hour shift and be compensated an average 40 minutes straight time
per day (which the parties agree is a reasonable approximation of time
spent) to compensate for bathing, training, procuring food, supplies (e.g.
prescriptions), grooming, feeding, cleaning up after the dog (e.g. the dog's
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201
10
kennel), K -9 car, exercising the dog and similar activities performed by K -9
officers. When feasible, dog handler(s) will be released forty (40) minutes
prior to the end of their scheduled shift, unless the Chief (or his designee)
otherwise requires the employee to stay. If the Chief (or his designee)
requires the employee to stay, overtime shall be paid commencing at the
end of the employee's regularly scheduled shift, but the average forty (40)
minutes shall be paid at the applicable overtime rate. Employees will
either flex their start time or receive overtime for scheduled veterinary
appointments by agreement between the employee and the Chief or
his /her designee. The Employer retains the right to modify the dog
handler's duty shift to offset compensation of time spent that is unique to
the dog handler duties (to accommodate the 40 minutes per day). Except
when the officer is on paid leave, time spent during the dog handler's off
duty days will be compensated at the employee's regular rate of pay or
overtime pay when required by FLSA. If an officer is on paid leave (e.g.
comp time, vacation, sick leave), the amount of such leave charged to the
employee that day shall be reduced by 40 minutes.
At minimum, it is expected that dog handler(s) shall perform the following
duties relative to their assigned dog during the course of their duty shift:
exercise
training
Dog Handlers will not be compensated for time transporting the dog to and
from the workplace. Compensation for dog handling duties shall cease
during period(s) the dog is under the care and custody of someone else.
Also, officers caring for another officer's dog during a vacation period shall
not receive additional compensation therefore.
06/20/12 2011 -13
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11
SECTION 4.4 Overtime. Except as otherwise provided in this Article:
A. Overtime Pay.
All Officers other than Patrol Officers shall be paid at the rate of
time and one -half his /her regular rate of pay for the first three (3)
hours in excess of their regularly assigned schedule and beginning
the fourth (4th) hour at the rate of two (2) times his /her regular pay
rate in one day.
B. Patrol Officers shall be paid at the rate of time and one -half his /her
regular rate of pay for all hours in excess of their regularly assigned
schedule up to the 14th hour, and beginning with the 14th hour at
the rate of two (2) times his /her regular pay rate in one day.
However, employees who are granted the Rest Period provision in
Section 4AD1 or 4.913 will be compensated at the rate of time and
one -half, and not at the double time rate for hours worked for
attending court or mandatory training.
C. Callback Authorization.
Officers are not authorized to activate themselves for administrative
duties, such as equipment fitting, or acquisition, without specific
pre- authorization from a Sergeant or Administrator. Pre
Authorization does not pertain to police emergency situations
where an "off duty" officer needs to activate himself or herself to an
"on- duty" status in response to an emergency involving an
immediate threat to human life, or serious threat to person or
property, or in response to a request of a peace officer with
enforcement authority.
D. Callback and Court.
An employee who is required to work outside his /her regular shift,
or on his /her day off (including being called into court on matters
arising directly from the officer's employment as a Tukwila police
06/20/12 2011 -13
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12
officer) shall be guaranteed three (3) hours pay at one and one -half
times his /her regular hourly rate of pay; provided the callback is not
an extension after the employee's normal shift. If the assignments
require time over the three -hour guarantee, all time over the three
hours and outside the employee's normal workday shall be paid at
the applicable overtime rate. An employee directed back to work
for one hour or less before the next scheduled shift shall be paid on
the basis of the overtime actually worked and the overtime
minimum shall not apply.
1. Officers assigned to the graveyard /night shift who are
scheduled for court during hours the employee would not be
regularly scheduled to work between two scheduled
graveyard /night shifts will be granted an eight (8)
consecutive hour rest period beginning when the court
requirements /obligations are over and will not be required to
report back to work until the end of such rest period. In this
instance Officers will be compensated at time and one -half
for their court attendance, and double time will not apply. An
Officer will not have his /her shift extended as a result of the
operation of this paragraph and the Officer will be paid, at
the regular straight time rate, for all hours he /she was
scheduled on a graveyard /night shift but did not work
because of the above rest period. Officers must notify
department supervision in advance when they are going to
take the eight (8) hour rest period.
E. Minor Work Contact Outside of Scheduled Work Hours.
If the Employer contacts an employee for work purposes outside of
the employee's scheduled work hours (by telephone, pager or
otherwise), then the Employer shall compensate the employee for
the time spent during such contact at the rate of time and one -half
the employee's regular rate of pay. Compensation shall be for a
minimum of fifteen (15) minutes and shall continue for actual time
spent during the contact in fifteen (15) minute increments. For
204 06/20/12 2011 -13
13
example, a five (5) minute call shall require compensation for fifteen
(15) minutes; a sixteen (16) minute call shall require compensation
for thirty (30) minutes; a thirty -one (31) minute call shall require
compensation for forty -five (45) minutes and so on. Any actual call
back to duty shall be governed by subparagraph A and B. above.
F. Pyramiding. There shall be no pyramiding of overtime.
SECTION 4.5 Shift Change. Employer reserves the right to schedule
employees to shifts, provided this will not alter shift bidding procedures or
be used to require employees to change their schedules to avoid the
payment of overtime, unless mutually agreed upon by Employer and
employee, with concurrence of a Guild Executive Board member.
Employer will bargain over changes in shift configurations (e.g. 6 -3, 5 -2, 4-
10, 9/80, and 12 hour shifts).
SECTION 4.6 Standby. The Employer and the Guild agree that the use of
standby time shall be minimized consistent with sound law enforcement
practices and the maintenance of public safety. Standby assignments
shall be for a fixed, pre- determined period of time not to exceed ten (10)
hours. Employees formally placed on standby status shall be
compensated on the basis of five (5) hours straight time pay for ten (10)
hours of standby or fraction thereof. If the employee is actually called
back to work, normal overtime rules shall apply. Compensation for
standby shall not be paid in addition to overtime- minimum pay.
SECTION 4.7 Compensatory Time. Compensatory time is defined as
time off granted an employee as compensation for hours worked in
addition to the employee's scheduled workday or workweek.
A. Requesting Compensatory Time.
It is the responsibility of the employee to request compensatory
time in lieu of overtime if so desired. The Employer shall have
06/20/12 2011 -13
205
14
discretion to determine whether compensatory time is granted to
the employee when compensatory time is requested by the
employee in lieu of overtime.
B. Compensatory Time Rate.
The granting of compensatory time in lieu of overtime will be at the
rate of one and one -half hours for each overtime hour worked.
C. Maximum Compensatory Time Accrual
Individual accrual of compensatory time in lieu of overtime shall not
exceed forty -eight (48) hours (i.e. 32 hours at time and one half).
SECTION 4.8 Kelly Days. Patrol Officers will be granted one hundred ten
(110) hours annually to compensate for the difference between the
scheduled hours in the Patrol Work Schedule and the scheduled hours in
Non Patrol Work Schedules. These hours will be referred to as "Kelly
Days" (and be scheduled the same as vacation). Employees may choose
to use these hours to schedule time off or to receive pay in lieu of time off
or a combination of both. Fifty -five (55) of these hours shall be credited on
January 1 and fifty -five (55) of these hours will be credited on July 1. A
request for payment may only be made two (2) times per year, one time in
June and one time in December. A request for payment made by June 5
shall be paid by July 5. Any hours remaining on December 15 shall be
paid on December 31, unless the employee uses these hours prior to
payment. Kelly Day pay will be calculated at the employee's straight time
rate of pay. The hours used by the employee to schedule time off will be
administered in the same manner as the holiday hours referred to in
Article 10.
06/20/12 2011 -13
206
15
A. An employee transferring into or out of Patrol during a year
shall receive (be credited with) a pro rata number of paid Kelly
hours for each year.
SECTION 4.9 Training. Training will be scheduled during the employee's
regularly assigned shift whenever reasonably feasible.
A. Outside Training.
1. A "shift" or "regularly assigned shift" is
scheduled hours that remain the same for an employee
week after week. "Regularly scheduled days off" or
"weekends" are the days off that remain the same for an
employee week after week.
2. The City may adjust an employee's hours and
regularly scheduled days off to accommodate weeklong
training.
3. The intent of this shift adjustment is to allow
employees to participate in weeklong training courses as a
participant and /or instructor without costing the City an
undue amount of overtime. It is understood that these types
of courses are generally held Monday through Friday during
normal business hours, but that all opportunities for training
will not fall into those hours. The City shall not require an
employee to work more than forty (40) hours per week
without the payment of overtime. Employees whose
schedules are adjusted to attend a five (5) day course will be
paid at time and one -half their regular rate of pay for any
hours worked in excess of eight (8) hours per day, and
double time of their regular rate of pay for any hours worked
in excess of twelve (12) hours per day. The meal period
shall not be counted as hours worked for the calculation of
overtime unless the employee is required to remain on the
premises.
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4. The City will give back to the employee any
regularly scheduled day off that the employee is required to
work because of a shift adjustment. All days given back to
employees shall be taken consecutive to that employee's
regularly scheduled days off. Nothing shall preclude the City
from giving back two (2) or more missed days off on
separate weekends as long as each missed day off is given
back consecutive to that employee's regular scheduled days
off.
5. All missed days off due to a shift adjustment
will be rescheduled within seven (7) days of the completion
of training. The rescheduled day will be taken within sixty
(60) days of the completion of training. The sixty (60) day
time period will be extended by mutual agreement of the
City, a member of the Guild Executive Board, and the
employee.
6. The City is limited to making only three (3)
such adjustments per calendar year and each adjustment
may not last more than one (1) calendar week.
7. The employee and the Guild must be given
written notice of the shift adjustment seven (7) calendar days
before the adjustment for training is to occur. The City and
the Guild may agree in writing to waive the seven (7)
calendar days notice requirement and /or the requirement
that the days off be taken consecutive.
B. Training for Patrol Officers Working Night Shift Schedule
This section only applies to officers working the 12 -hour night shift
schedule. It applies to scheduled training of four (4) hours or more
during hours outside the employee's regularly assigned shift. The
schedule does not apply to court time.
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As used herein, an 8 -hour rest period is defined as, 8 -hours prior to
the start or 8 -hours from the end time of the training. It does not
always equal 8 -hours of paid time off.
1. Training on First Work Day
Training will be paid at time and one -half. There will be an 8-
hour rest period (admin time) prior to the start of training and
an 8 -hour rest period (admin time) following the end of the
training. The patrol officer will be paid, at the regular straight
time rate for all hours he /she was scheduled on the
graveyard /night shift but did not work because of the rest
period and the officer will report to work the remainder of the
shift following the rest period. The patrol officer will not have
his /her shift extended as a result of this paragraph. Officers
must notify Department supervision when they are going to
take an 8 -hour rest period.
2. Training Mid week
Training will be paid at straight time. There will be an 8 -hour
rest period (admin time) prior to the start of training and an
8 -hour rest period (admin time) following the end of training.
Following the 8 -hour rest period, after training, the officer will
report for duty and work the remainder of the scheduled
shift. If there are multiple days of training the officer will not
report back to work between the training days. The patrol
officer will not have his /her shift extended as a result of the
operation of this paragraph. Officers must notify Department
supervision in advance when they are going to take an 8-
hour rest period.
3. Training on Last Work Day
Training will be paid at time and one -half. There will be an 8-
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hour rest period before the beginning of the training.
Officers must notify the department supervision in advance
when they are going to take the eight (8) hour rest period.
C. Training for SRT
The City retains the right to adjust the regular shifts of SRT
members to attend SRT training. When working an adjusted shift,
SRT members will receive straight time for the first twelve (12)
hours worked and time and one -half (1 -1/2) for any hours in excess
of twelve (12) and will receive double time pay for any hours in
excess of thirteen (13) hours. SRT members will be given a
minimum of eight (8) hours rest before attending SRT training at no
cost to them.
D. Employees Reporting back to Shift after Training
If the officer is in training for less than a full twelve -hour shift, the
employee may be required to report back to his /her regular
assignment at the conclusion of training. In the event the employee
is not required to report back to his /her regular assignment at the
conclusion of training, the employee will be paid for the entire shift,
as long as the employee was in training for eight (8) hours or more.
SECTION 4.10 Daylight Savings Time. Employees who are working on
the graveyard shift when the clocks are moved back one hour will be paid
one hour at the overtime rate of time and one -half. Employees who are
working on the graveyard shift when the clocks are moved forward one
hour (other than those who are regularly scheduled to be off at 2 a.m.)
shall have the option of going off duty at their normal quitting time and
utilizing one hour of vacation or compensatory leave, or working an
additional hour to complete normal shift hours without additional
compensation.
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ARTICLE 5 SALARIES
SECTION 5.1 Agreement. The Employer agrees to maintain salaries during
the term of this Agreement as set forth in Schedule A.
SECTION 5.2 Additions. This Agreement shall be opened for the
purpose of negotiating salaries for new classifications affecting employees
in the bargaining unit. Nothing in this section shall preclude the Employer
from establishing new positions or classifications.
ARTICLE 6 PREMIUM PAY
SECTION 6.1 Premium Pay. Monthly premium pay equivalent to a percent
of the top police officer monthly wage in the amount of five percent (5.0
shall be paid to employees assigned to the following specialties:
Accreditation Officer
Canine
Crime Prevention /Dare Officer
Detective
School Resource Officer
Special Response Team (SRT)
TAC Team Detective (including assigned Patrol Officer)
Traffic /Motorcycle Officer
Training Officer
Central Business District Team (CBD Team)
This premium shall be paid in addition to the normal salary structure
contained in Appendix A. In no event may an employee receive premium
pay for more than one specialty except that employees assigned to SRT
who receive premium pay for another specialty will be paid as set forth
below.
SECTION 6.2 FTO Pay. The FTO premium pay shall be five percent
(5.0 of the top step police officer monthly wage. When FTO work
assignments are made by the Chief, or designee, the FTO pay will apply.
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SECTION 6.3 SRT Pay. The SRT premium pay can be stacked with
another premium for an additional 2% for a total of seven percent (7.0
of the top police officer monthly wage. There will be no pyramiding of
premium pay. In return, the City will have the right to adjust the regular
shifts of SRT members to attend SRT training, pursuant to Article 4.9.C.
ARTICLE 7 DEPARTMENT WORK RULES
SECTION 7.1 Generally. The parties recognize that circumstances
change from time to time during the term of labor agreements that give
rise to a need to discuss changes in hours or working conditions (including
the scope of bargaining unit work). In order to provide a convenient
forum to discuss these issues, the parties agree to the procedure set forth
in Section 7.2.
SECTION 7.2 Procedure. This Agreement may be amended within the
scope of this Article provided both parties concur. Supplemental
agreements may be completed through negotiations between the parties
at any time during the life of this Agreement. A joint committee comprised
of representatives of the two parties will meet upon the request of either
party to discuss proposals related to work hours or changes in working
conditions, including the scope of bargaining unit work. Should either
party desire to negotiate a matter of this kind, it shall notify the other party
in writing of its desire to negotiate. Supplemental agreements thus
completed will be signed by an authorized representative of the Employer
and Guild, with a copy to the Director of Administrative Services.
Should either party (through the Guild President, Police Chief, or their
designee), having been notified of the proposed supplemental language,
not respond by requesting a meeting of the joint committee within thirty
(30) calendar days, the proposed language shall be considered
acceptable and shall be forwarded to the other party for signature.
Supplemental agreements thus completed shall become a part of this
Agreement.
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In those cases where the parties cannot agree, the parties agree, upon
the request of either party, to expeditiously proceed directly to request a
PERC mediator who will mediate no more than a 30 -day period and, if
necessary, to proceed to interest arbitration on the issue as provided in
RCW 41.56 et seq., using one of the arbitrators selected in the grievance
procedure. The parties agree to waive the appointment of partisan
arbitrators and that the matter will be heard by an arbitrator selected in the
same manner as is provided in the grievance procedure. Neither party
may be required to arbitrate a proposal, which, if granted, would require
the Arbiter to change an express term of this Agreement.
SECTION 7.3 Work Rotation. The rotation of personnel between shifts
shall be minimized within the limitations of providing an adequate and
efficient work force at all times, as determined by the Employer.
SECTION 7.4 Personnel File:
A. Ownership. The personnel files are the property of the
Employer. The Employer agrees that the contents of the personnel
files, including the personal photographs, shall be confidential and
shall restrict the use of information in the files to internal use by the
Police Department. This provision shall not restrict such information
from becoming subject to due process by any court of administrative
tribunal. It is further agreed that information may be released to
outside groups subject to the approval of both the Employer and
employee, provided, that nothing in this section shall prevent an
employee from viewing his /her original personnel file in its entirety
upon request. The Police Chief and City Administrator shall have
access to the individual personnel files in the normal course of their
responsibilities.
At the discretion of the Chief or his /her designees, file material shall
be released to another law enforcement agency doing employment
background upon proof of a signed release of the individual in ques-
tion.
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B. Availability. The application and examination papers of a certified
eligible shall be available for inspection by the appointing authority,
the Chief of Police and the affected employee. Such papers shall
also be made available to the elected or appointed officers of the
Guild at the request of the affected employee.
C. Employee rights. Employees shall have the right to review any and
all items placed in his /her personnel file and shall have the right to
request of the Chief that any complaint be withdrawn. In the event
that such complaint is not withdrawn if such request is made, the
employee may invoke the provisions of Article 20. Except that no
material shall be removed from the file during that period of time that
the employee is specifically named in any civil litigation in his /her
capacity as an employee which pre -dates or is relevant to the
litigation.
D. Employer rights. The Employer shall have the right to purge
employee files from time to time as deemed necessary, with all
purged items being returned to the employee for his /her own
disposition. The Employer shall follow all applicable City and
Department policies and procedures governing these files.
Employees are encouraged to review their personnel files.
ARTICLE 8 CLOTHING /EQUIPMENT
SECTION 8.1 Uniforms and Equipment. The City shall (at its expense)
issue and maintain uniforms and equipment for each commissioned officer
under a quartermaster system.
SECTION 8.2 Quartermaster System. Any garments, clothing and /or
devices required by the Employer shall be furnished and maintained as
needed and as approved by the Employer. The City and Guild have
developed the following list of the minimum required /issued items, which
may be amended by mutual agreement. All items issued under the
quartermaster system shall meet Police Department standards.
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A. All Bargaining Unit Employees:
Five (5) Uniform Shirts (at least one shirt will be long sleeve
Three (3) Uniform Pants
One (1) Uniform Jacket
One (1) Uniform Dress Hat
One (1) Baseball Hat
One (1) Uniform Tie
One (1) Uniform Tie Clasp
One (1) Uniform Jumpsuit to a maximum of $250 (upon successful
completion of probation)
One (1) Gore -Tex Uniform Raincoat
One (1) Duty Firearm
Two (2) Sets of Handcuffs
One (1) Duty Baton
One (1) Duty OC Canister
One (1) Uniform Badge
One (1) Uniform Hat Badge
Five (5) Uniform Name Tags (sew on)
One (1) Uniform Name Tag (Pin Type)
One (1) Soft Body Armor (Threat Level 3A or Greater)
One (1) Flashlight with Charge
Two (2) Citation Book Holders
Duty Belt
Belt
Pants belt
Four (4) keepers
Security holster
Double magazine pouch
Cuff case(s), either one (1) double or two (2) single cuff
cases
OC case
Radio case
Key case
Glove case
Stick ring
Flashlight ring holder
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B. Traffic issue:
(with bikes uniforms and equip as applicable to
Two (2)
Uniform britches
One (1) pair
Motorcycle boots in accordance with Section 8.2G
Two (2)
below
One (1)
Leather jacket
One (1) set
Raingear
One (1)
coveralls
Two (2)
pair Safety gloves (winter summer)
One (1)
Eye protection
One (1)
Helmet
C. Detectives and plain clothes assignments and CBD Team:
One (1) Hidden agenda jacket
One (1) Undercover holster, cuff case, ammo pouch
One (1) Coveralls
Credential wallet badge
D. TAC Team:
(with bikes uniforms and equip as applicable to
assignment)
Two (2)
Bike uniform shirts, long sleeve
Two (2)
Bike uniform shirts, short sleeve
Two (2) pair
Bike uniform shorts
One (1) pair
Bike uniform winter pants
One (1)
Bike uniform coat
One (1)
Hidden agenda jacket
One (1) pair
Footwear in accordance with Section 8.2H below
One (1) pair
Eye protection
Two (2)
Bike helmets
Two (2) pair
Safety gloves (winter summer)
One (1)
Undercover holster, cuff case, ammo pouch
One (1)
Stinger flashlight with charger
E. K -9 Assignments:
Two (2) jumpsuits
One (1) pair of boots
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One (1) pair of gloves
One (1) Stinger flashlight with charger
One (1) flashlight
F. Footwear. Basic duty footwear. All employees shall be entitled
to elect either shoes or boots. The City's maximum expenditure is
$125 for shoes (to be replaced on an as needed basis) or $200 for
boots other than motorcycle boots or bicycle footwear (to be
replaced on an as needed basis). The individual employee shall
pay any overage. Detectives may choose either basic uniform duty
shoes or boots or dress shoes or boots.
G. Motorcycle Boot. Motorcycle boots and britches (with turn -in of
work equipment and in accordance with Department policy).
Motorcycle boots shall be in addition to basic duty footwear.
H. TAC Team Footwear. Bicycle footwear (with turn -in of worn
equipment and in accordance with Department policy). Bicycle
footwear shall be in addition to basic duty footwear.
SECTION 8.3 Dry Cleaning. The City will pay $250 per year directly to
employees and employees will pay for dry cleaning.
SECTION 8.4 Plain Clothes (Non- Uniformed) Assignments. Employees
assigned to a plainclothes Unit shall receive an annual clothing allowance in
the amount of three hundred fifty dollars ($350). The clothing allowance
shall be paid in the employee's first paycheck in December of each year.
The clothing allowance shall be pro rated to reflect assignment to a plain
clothes Unit for any period of less than a year.
SECTION 8.5 Assignment of Department Take -Home Vehicles.
Bargaining unit employees assigned to the following positions shall be
issued take home vehicles: detective, detective sergeant, K -9, Traffic Unit
(including Sergeant), TAC Team Detective, TAC Team Sergeant.
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A. Other bargaining unit employees currently assigned take home
vehicles shall continue to be assigned take -home vehicles until the
employees rotate to new assignments. The assignment of a vehicle
to positions other than those specified in Section 8.5 above shall be
at the discretion of the Police Chief. Take -home vehicles shall not
go with employees when they transfer from one assignment to
another. Each assignment shall be evaluated by the Chief as to
need on a case by case basis.
B. An employee with a take home vehicle shall be prohibited from
driving the take home vehicle more than 35 miles outside the City
limits when commuting to or from his /her home. In the event an
employee with a take home vehicle lives more than 35 miles from
the City limits of the City of Tukwila, such employee will be required
to park his /her take home vehicle at a secured location (e.g. public
entity like a Fire District, Police Department, State Patrol property)
no more than 35 miles outside the City limits.
ARTICLE 9 SICK LEAVE
SECTION 9.1 LEOFF 1. Uniformed employees under the LEOFF I System
shall receive leave due to illness or injury in accordance with benefits under
the LEOFF System, RCW 41.26. Sick leave accruals will be frozen at
existing levels effective January 1, 1977. Employees thereafter may take up
to a maximum of three days sick leave without having to complete
paperwork required by the Disability Board. However, a doctor's certificate
may be required by the Chief. In the event legislation is passed amending
existing provisions of the LEOFF System, sick leave benefits shall be
reinstated to whatever degree that such benefits are reduced within the
LEOFF System.
SECTION 9.2 LEOFF B. Uniformed employees hired under the provisions of
LEOFF II are excluded from the provisions of RCW 41.26.150 and shall
receive sick leave benefits as follows: LEOFF 11 employees shall be entitled
to and awarded twelve (12) days of sick leave with pay upon date of
employment with the Employer. Beginning with the thirteenth (13th) month
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of continuous service, each employee shall accrue eight (8) hours of sick
leave with pay per calendar month of the employee's active service to a
maximum of ninety (90) days (i.e. 720 hours).
SECTION 9.3 FAMILY SICK LEAVE.
A. Employees shall be allowed to use sick leave or other paid
time off to attend to the illness or health condition of immediate
family members (i.e., a child, spouse, parent, parent -in -law, or
grandparent of the employee) in accordance with Federal and State
law, provided however, employees will be allowed to use up to
forty -eight (48) hours of sick leave per year to attend to a spouse
who is sick or temporarily incapacitated and the assistance of the
employee is needed.
A LEOFF I employee, who has exhausted his /her frozen sick leave
balance, will be granted paid leave to care for or attend to an
immediate family member who is sick or temporarily incapacitated
and requires the assistance of the employee. Such leave is not
cumulative and shall not exceed forty -eight (48) hours per calendar
year. Employees who require leave time in excess of forty -eight (48)
hours per year shall be required to take comp -time, annual leave, or
leave without pay for the excess time required. There will be no
"cash value" or "buy back" of this leave time.
SECTION 9.4 Separation of Employment. In the event an employee
terminates his /her employment, or such employment is terminated for any
reason whatsoever with the Employer prior to using his /her accumulated
sick leave time, he /she shall be entitled to pay equal to twenty -five percent
(25 of the amount payable for any unused sick leave unless terminated
during the probationary period. If a probationary employee has used more
than eight (8) hours of sick leave per month worked, any additional amount
shall be subtracted from the employee's final paycheck.
SECTION 9.5 Domestic Partner Benefits. Employees will be eligible for
domestic partner benefits in accordance with changes in City Policy.
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ARTICLE 10 HOLIDAYS
SECTION 10.1. Employees shall receive holidays in accordance with existing
City ordinances, at times, which are mutually agreeable to both the
Employer and the employee.
A. Holidays Listed. The following are established as holidays:
January1 New Year's Day
Third Monday in January ....................Martin Luther King's Birthday
Third Monday in February ....................Presidents' Day
Last Monday in May .......................Memorial Day
July 4 ...................Independence Day
First Monday in September ..........................Labor Day
November 11 ......................Veteran's Day
Fourth Thursday in November ...................Thanksgiving Day
Fourth Friday in November .........................Day after Thanksgiving
December25 ......................Christmas
Employee's choice .......................Floating holiday
B. Method of Payment.
1. Patrol Patrol bargaining unit employees (commissioned
Officers and Sergeants, not in specialty positions, except K -9,
assigned to patrol work full -time) will be given a one- hundred-
twenty -eight (128) holiday hour bank during each anniversary
year of the current collective bargaining agreement in lieu of
receiving holidays under Section 10.1A above. Sixty four (64)
of these hours shall credited on January 1 and sixty four (64)
of these hours shall be credited on July 1. Patrol employees
may choose to use these hours to take time off or to receive
pay in lieu of time off or a combination of both. A request for
payment may only be made two (2) times per year, one time in
June and one time in December. A request for payment
made by June 5 shall be paid by July 5. Any hours remaining
on December 15 shall be paid on December 31, unless the
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employee uses these hours prior to payment. Holiday pay will
be calculated at the employee's straight time rate of pay.
2. Non Patrol Non Patrol bargaining unit employees
(commissioned Officers and Sergeants, not assigned to patrol
work full -time) shall continue to work a four (4) ten (10) hour
day schedule during a holiday week. (CBD Team included)
a. Regularly Scheduled Work Day. If a holiday is
observed on the employee's regularly scheduled
work day, the employee shall be given the day off,
shall be paid eight (8) hours of holiday pay, and
shall use two (2) hours of banked time.
b. Regularly Scheduled Day Off. If the holiday is
observed on the employees regularly scheduled
day off, the employee shall be paid eight (8) hours
of holiday pay.
If an employee is called into work on the holiday
and the employee works a full shift on such holiday,
the employee shall be paid double time and one
half for all hours worked on the holiday during the
employee's regularly scheduled shift. All hours
worked in addition to the employee's regularly
scheduled shift on a holiday shall be considered
overtime and paid in accordance with Section 4.4.
of this collective bargaining agreement.
If an employee is called into work on the holiday
and the employee works less than a full shift on
such holiday, the employee shall be paid double
time and one -half for all hours worked on the
holiday and shall be paid holiday pay at his /her
regular rate of pay for the remainder of his /her ten
(10) hour shift.
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Holiday pay will be calculated at the employee's
straight time rate of pay.
ARTICLE 11 -EDUCATION ALLOWANCE
SECTION 11.1 Education Allowance Effective with the first check
when amendments to the MPO program are implemented (which shall be
within 30 days of signing by both parties), all non probationary officers who
are holding an AA degree or two (2) years of college (ninety credit hours for
quarters and sixty credit hours for semesters) toward a Bachelor's Degree in
an approved field of study will be awarded education incentive pay of 2% of
the top police officer monthly wage. Any such officer holding a B.S. or B.A.
Degree in an approved field of study shall be awarded education incentive
pay of 4% of the top police officer monthly wage.
Approved fields of study:
1.
Law Enforcement
2.
Sociology
3.
Psychology
4.
Public Administration
5.
Business Administration
6. Political Science
7. Other work related fields of study to the approval of the Chief.
In order to be eligible for Education Incentive pay, degrees and credits shall
be from a Nationally accredited college or university. Degrees shall be in an
approved field of study. However, Bachelor's degrees earned in other
field(s) of study and extended by Nationally accredited colleges or
universities may be compensated at the AA level at the discretion of the
Chief. Credits that are granted for "life experience" as opposed to
conventional coursework and independent study will not qualify for
education incentive.
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SECTION 11.2 Tuition Reimbursement. The Employer shall reimburse
employees for the cost of tuition as long as the subject matter of the course
of study or of a specific course is in an approved field of study as set forth in
Section 11.1 and as long as the tuition costs do not exceed those found at a
Washington state university and as long as the officer is working towards a
degree in that approved field of study. The total reimbursements for Guild
represented employees, as a group, shall not exceed $6000 in any calendar
year. Tuition reimbursement shall be applicable to undergraduate study.
A. In order to receive tuition reimbursement an employee must receive
approval for a course of study or for a specific course prior to taking
the course. If an employee receives a scholarship (or received
federal or state reimbursement funds [excluding student loans)) the
total amount of the Employer's reimbursement shall not exceed 100%
of the total cost of tuition.
B. An employee receiving tuition reimbursement must maintain a "C"
grade (or equivalent satisfactory mark) and shall submit a transcript
with the request for reimbursement.
C. A request for tuition reimbursement for an approved course of study
or specific course shall be paid within sixty (60) days of submission.
D. When an employee completes a course of study at a particular level
(undergraduate or graduate) the employee shall notify the Employer
of the degree attained.
SECTION 11.3 In Service Training Agreements. Employees who are
provided long -term training (in excess of four consecutive weeks) as a result
of an assignment can be required, as a condition of assignment, to enter into
a reimbursement agreement for costs of specialized training.
Reimbursement would be computed based upon term of the agreement,
which shall not exceed twenty -four (24) months (i.e., 1/24th per month on a
24 -month contract). Training costs will be estimated at the time the contract
is presented. Actual repayment will be based on actual or estimated costs,
whichever is lower.
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ARTICLE 12 MASTER POLICE OFFICER AND
MASTER POLICE SERGEANT PLAN
SECTION 12.1 The Tukwila Police Department's Master Police Officer and
Master Sergeant Plans recognize the career police officer and sergeant.
The plans provide the department with a number of personnel who are
highly trained in a variety of police duties. This program benefits both the
individual and the Department as a whole, through special projects,
continuing education and the overall and continued upgrading of personal
knowledge. Eligibility for the respective steps of Master Police Officer and
Master Police Sergeant are as follows.
Master Police Officer3 (MPO 3)
1. A performance rating of "meets standards" or above on the
current annual city performance appraisal.
2. Successful completion of six (6) years of service with the
Tukwila Police Department.
3. Two (2) years of college (90 quarters or 60 semester hours)
or one year of college and 160 hours of law enforcement
training (exclusive of Basic Academy) through the
Washington State Criminal Justice Training Commission.
Other training will be evaluated for eligibility.
Master Police Officer 2 (MPO 2)
1. A performance rating of "meets standards" or above on the
current annual city performance appraisal.
2. Must have spent at least two (2) years in any one or more
specialty assignment, and /or have two (2) years experience
at the Corporal and /or Sergeant level, within the Tukwila
Police Department. Specialty assignments are detectives,
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traffic, K -9, crime prevention, research and development,
training, department instructor, School Resources Officer,
TAC Team (or equivalent team under a different name),
Field Training Officers, ESU (SRT), and CDU to meet the
specialty assignment requirement. An employee transferring
to or from CDU to or from another specialty will be given pro
rata credit for all CDU service.
3. Successful completion of nine (9) years of service with the
Tukwila Police Department and three (3) years of college
(120 quarters or 90 semester hours). Up to two (2) years of
college may be substituted with law enforcement training at
the rate of 160 hours of law enforcement training (exclusive
of Basic Academy) through the Washington State Criminal
Justice Training Commission for each year. Other training
will be evaluated for eligibility.
Master Police Officer 1 (MPO 1)
1. A performance rating of "meets standards" or above on the
current annual city performance appraisal.
2. Must have spent at least three (3) years in any one or more
specialty assignment, and /or have three (3) years
experience at the Corporal and /or Sergeant level, within the
Tukwila Police Department. Specialty assignments are
detectives, traffic, K -9, crime prevention, research and
development, training, department instructor, School
Resources Officer, TAC Team (or equivalent team under a
different name), Field Training Officers, ESU (SRT), and
CDU, provided however, an employee in CDU must have
spent at least four (4) year in CDU to meet the specialty
assignment requirement. An employee transferring to or
from CDU to or from another specialty will be given pro rata
credit for all CDU service.
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3. Successful completion of twelve (12) years of service with
the Tukwila Police Department and four (4) years of college
(180 quarter or 90 semester hours). Up to two (2) years of
college may be substituted with law enforcement training at
the rate of 160 hours of law enforcement training (exclusive
of the Basic Academy) through the Washington State
Criminal Justice Training Commission for each year. Other
training will be evaluated for eligibility.
Master Sergeant 2 (MPS 2)
1. Successful completion of three (3) years of service with the
Tukwila Police Department as a Police Sergeant.
2. Police Sergeants promoted prior to November 1, 1998, shall
move through the Master Sergeant Program in accordance
with the following educational provision:
Three (3) years of college (120 quarters or equivalent
semester hours). Up to one (1) year of college may be
substituted with law enforcement training at the rate of 160
hours of law enforcement training (exclusive of Basic
Academy) through the Washington State Criminal Justice
Training Commission for each year. Other training will be
evaluated for eligibility
PROVIDED, that those individuals holding the rank of
Sergeant prior to November 1, 1998, who do not meet the
Master Sergeant Program educational requirements as
specified above, shall advance through this program step
upon successful completion of nine (9) years of service as a
Sergeant.
3. Police Sergeants promoted on or after November 1, 1998,
shall move through the Master Sergeant Program in
accordance with the following educational provision:
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E
Three (3) years of college (120 quarter or equivalent
semester hours).
A performance rating of "meets standards" or above on the
current annual City performance appraisal.
Have successfully completed all courses required by the
Washington State Criminal Justice Training Commission for
Career Level Certification and have obtained certification
through that agency as a first line supervisor.
Have obtained sixteen hours of instruction towards mid -level
management certification through the Washington State
Criminal Justice Training Commission.
O
Attain an instructor certificate in a topic mutually agreed
upon by the Sergeant and the Chief of Police
'l
Successfully complete an "Instructor Development" course at
the earliest possible convenience. The Sergeant will not
have to achieve this prior to attaining the MPS status, but
must continuously apply for the course in order to maintain
the MPS rating.
Master Sergeant 1 (MPS 1)
1. Successful completion of six (6) years of service with the
Tukwila Police Department as a Police Sergeant.
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2. Police Sergeants promoted prior to November 1, 1998, shall
move through the Master Sergeant Program in accordance
with the following educational provisions:
Four (4) years of college (180 quarter or equivalent semester
hours). Up to one (1) year of college may be substituted
with law enforcement training at the rate of 160 hours of law
enforcement training (exclusive of the Basic Academy)
through the Washington State Criminal Justice Training
Commission for each year. Other training will be evaluated
for eligibility
PROVIDED, that those individuals holding the rank of
Sergeant prior to November 1, 1998, who do not meet the
Master Sergeant Program educational requirements as
specified above, shall advance through this program step
upon successful completion of twelve (12) years of service
as a Sergeant AND two (2) years of college (quarter or
semester equivalent hours).
3. Police Sergeants promoted on or after November 1, 1998,
shall move through the Master Sergeant Program in
accordance with the following educational provision:
Four (4) years of college (120 quarter or equivalent semester
hours).
4. A performance rating of "meets standards" or above on the
current annual City performance appraisal.
5. Have successfully completed all courses required by the
Washington State Criminal Justice Training Commission for
Career Level Certification and have obtained certification
through that agency as a first line supervisor.
6. Have obtained sixteen hours of instruction towards mid -level
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management certification through the Washington State
Criminal Justice Training Commission.
M
Attain an instructor certificate in an topic mutually agreed
upon by the Sergeant and the Chief of Police
Successfully complete an "Instructor Development" course at
the earliest possible convenience. The Sergeant will not
have to achieve this prior to attaining the MPS status, but
must continuously apply for the course in order to maintain
the MPS rating.
SECTION 12,2 Eligibility
A. Notification. Each officer or sergeant will notify the
department, in writing, when requesting Master Police Officer or
Master Police Sergeant status. A review will be done of his /her
qualifications, including the most recent performance appraisal.
B. Re- application. Any officer or sergeant who fails to meet
the eligibility requirements will be able to reapply after the next
performance appraisal. Performance appraisals will be done yearly
on the employee's anniversary date. Should the yearly
performance appraisal not be completed, it shall be considered
waived for the affected period.
If a Master Police Officer or sergeant fails to meet the requirements
two (2) consecutive evaluation periods, he /she will be returned to
the next lowest position below the one he /she is currently in.
He /she shall be eligible to reapply at the next evaluation period.
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C. Pay. In no event shall an employee receive corporal or sergeant
pay in addition to pay through the Master Police Officer or Master
Police Sergeant Plan.
D. Grievances. Any employee may grieve the results of an evaluation
through Step Two (2) of the Formal Grievance Procedure as
contained in Article 20 of the Labor Agreement between the parties.
The decision of the Mayor shall be final.
ARTICLE 13 LONGEVITY PAY (MOU)'
SECTION 13.1 Longevity Pay. This Article has been eliminated and
replaced by a Memorandum of Understanding (MOU). This Article shall no
longer be in effect.
ARTICLE 14 VACATIONS
SECTION 14.1 Vacation Hours. The following schedule shall govern with
respect to vacations:
Years
Vacation
Years
Vacation
Completed
Hours
Completed
Hours
1
96
16
176
2
96
17
176
3
96
18
176
4
96
19
176
5
112
20
176
6
120
21
176
7
128
22
184
8
128
23
184
9
136
24
184
1 See Myklebust Memorandum of Understanding (MOU).
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Years
Vacation
Years
Vacation
Completed
Hours
Completed
Hours
10
136
25
184
11
152
26
184
12
160
27
184
13
160
28
184
14
176
29
184
15
176
30
184
30+
184
SECTION 14.2 Vacation Rules. Annual vacations shall be subject to the
following rules:
A. Minimum. The minimum vacation allowance to be taken by an
employee shall be one hour.
B. Agreement. Vacations shall be granted at such times that are
mutually agreeable to both the Employer and employee.
C. Terminology. Temporary or intermittent employees who leave the
employment of the City and later are re- employed shall, for the
purpose of this Article, commence their actual service with the date of
re- employment.
For the purpose of this Article, "actual service" shall be determined in
the same manner as for salary purposes.
D. Maximum. Maximum hours accumulations of vacation time shall not
exceed that which is equal to two years total at the highest eligible
rate.
E. Pay upon death. On the death of an employee in active service, pay
will be allowed for any vacation earned in the preceding year and in
the current year and not taken prior to the death of such employee.
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F. Leave of Absence. An employee granted an extended leave of
absence, which includes the next succeeding calendar year, shall be
given pro -rated vacation earned in the current year before being
separated from the payroll.
ARTICLE 15 PENSIONS
SECTION 15.1 Pension benefits shall be received in accordance with RCW
41.26 as currently in effect.
ARTICLE 16 MEDICAL COVERAGE
SECTION 16.1 Medical Insurance
A. Employer contributions. Except as otherwise provided in this
Article, the Employer shall contribute the premiums necessary to
purchase medical care insurance for each full -time employee and
his /her dependents under the City of Tukwila's Self- Insured Medical
Plan. Such coverage shall not be less than that which existed under
the City of Tukwila Self- Insured Medical Plan in place February 1,
2004, except as subsequently agreed by the parties.
B. Group Health. For employees who elect medical coverage
through Group Health cooperative, the Employer shall pay up to the
maximum dollar amount contribution of the Self- Insured Plan for
employee and dependent coverage. Any premium amounts in
excess of the Employer's contribution shall be paid by the individual
through payroll deduction. Coverage under the Group Health Plan
shall be as determined by Group Health Cooperative.
C. Cost of premiums. The Employer shall continue to pay the full
premium for medical coverage under the Self- Insured Medical Plan
up to a maximum increase of eight percent (8 in a year. In the
event the monthly premiums increase more than the stated amount
in a year, the Employer or the Guild has the right to reopen the
Agreement to negotiate changes in the Self- Insured Medical Plan
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benefits so that the increase in premium costs does not exceed the
stated amount.
SECTION 16.2 Dental. Dental coverage will be maintained for all employees
and their dependents during the term of this Agreement under the City of
Tukwila Self- Insured Dental Plan, or its replacement. All employees under
this Agreement shall be required to participate. The cost for such plan will
be borne on the following basis: the Employer will contribute one hundred
percent (100 of the total premium for this coverage. Such coverage shall
not be less than that which exists under the AWC WDS Plan "A" in place
October 1989, except as provided under Section 6 of this Article.
SECTION 16.3 Optical Plan. Examination and eye glasses /contact lenses for
all employees and dependents covered under this Agreement will be paid for
by the Employer. The City shall provide coverage for eye examinations,
vision, and optical care to regular full -time police officers and their
dependents at the rate of $200 per person, to a maximum of $400 per family
unit, each year.
SECTION 16.4 Life Insurance. The Employer shall pay one hundred percent
(100 of the total premiums of all life insurance of the benefits of the
employee covered under this Agreement. The face value of said insurance
policy shall be $25,000 and shall include $25,000 dismemberment clause.
SECTION 16.5 LEOFF l/ Disability Insurance. With respect to LEOFF II
officers, the Guild has elected to forego City coverage and has selected an
alternative LTD plan. The City shall require LEOFF II Officers to participate
in the long -term disability insurance program selected by the Guild as a
condition of employment. The City shall provide for a mandatory payroll
deduction to accomplish this purpose.
SECTION 16.6 Insurance Carrier. The City retains the right to select all
insurance carriers or to self- insure coverage as provided herein.
SECTION 16.7 Re- opening Clause. During the term of this Agreement, the
City and the Guild each reserve the right to open negotiations in the event
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healthcare reform legislation mandates changes unanticipated by the
parties. The purpose of such negotiations shall be to reach agreement on a
mutually acceptable alternative medical option(s).
SECTION 16.8 Retirement Health Savings Plan. The City will establish and
maintain a mutually agreed upon, IRS qualified retirement health savings
plan as soon as possible after the implementation of the collective
bargaining agreement. In the event no agreement is reached, there will be
no retirement health savings plan for bargaining unit employees.
SECTION 16.9 Domestic Partner Benefits. Employees will be eligible for
Domestic partner benefits in accordance with changes in City Policy.
ARTICLE 17 PROBATIONARY PERIOD
SECTION 17.1 Probationary Period. All newly hired and promoted
employees must serve a probationary period. The probationary period for
newly hired employees shall end one year from the date the employee
completes the training academy and begins work in patrol. The
probationary period upon promotion shall be one year from the date of
appointment. The probationary period shall be extended for the number of
work days equal to the number of work days an employee was absent in
excess of 10 work days during the probationary period; provided that the
taking of scheduled and approved vacation or compensatory time off shall
not be counted toward the ten day period for promotional probationers.
The probationary period is an extension of the hiring process; therefore,
the provisions of this Article will not apply to employees if they are
discharged during their initial probationary period or are demoted during
the promotional probationary period for not meeting the requirements of
the classification. Grievances brought by probationary employees
involving issues other than discharge or demotion may be processed in
accordance with Article 20.
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SECTION 17.2 Lateral Hires. Lateral hires who have previously completed
the training academy shall have their probationary period begin on the
date of hire. All other provisions of Section 1 above shall apply to lateral
hires.
SECTION 17.3 Wage Progression. Employees shall progress through the
wage steps established in accordance with Appendix A of this Agreement.
ARTICLE 18 DISCIPLINARY PROCEDURES
SECTION 18.1 It is agreed that the Employer has the right to discipline,
suspend or discharge any employees for just cause. Employees are
subject to the provisions published as Administrative Policy, City
Ordinances, City and State Civil Service Rules and Regulations as they
exist, and the terms of this Agreement, including the procedures set forth
in Section 18.2.
SECTION 18.2 The following procedures shall apply to: (a) provide prompt,
just, open and fair dispositions of complaints against employees of the
Employer and, (b) provide procedural protection to all employees during
the complaint and disciplinary process.
A. A "disciplinary interview" shall mean questioning by a person in
authority over an employee when the interviewer either knows or
reasonably should know that the questioning concerns a matter that
could lead to suspension, demotion, termination, as opposed to
routine inquiries.
B. Every employee who becomes the subject of a disciplinary
interview shall be advised, in writing, a minimum of 48 hours prior
to the time of the interview that he /she is suspected of:
1. Committing a criminal offense;
2. Misconduct that would be grounds for termination,
suspension, or demotion; and,
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3. That he /she has the right to Guild representation during the
interview.
4. The general scope of the interview including the nature of
the matter in sufficient detail to reasonably apprise the
employee of the matter under investigation.
C. Any employee who becomes the subject of a criminal investigation
may have legal Counsel present during all interviews. Nothing in
this agreement, however, shall be deemed a waiver of an
employee's right to Union representation. A criminal investigation
as used herein shall be interpreted as any action which could result
in the filing of a criminal charge.
D. In criminal matters, employees will either be ordered to answer
questions or informed that they are not required to answer the
employer's questions as a condition of employment.
E. The employee shall be informed in writing as to whether he /she is a
witness or suspect before any interview commences.
F. The disciplinary interview of any employee shall be at a reasonable
hour, preferably during the normal workday of the employee, unless
the exigencies of the interview dictate otherwise. This requirement
shall not apply to pre disciplinary hearings with the Chief.
G. The employee or Employer may request that a disciplinary
interview be recorded, either mechanically or by a stenographer.
There can be no "off the record" questions. Upon request, the
employee in a disciplinary interview shall be provided an exact copy
of any written statement he /she has signed and a copy of the
officer's taped /transcribed (if made) interview.
H. Interviewing shall be completed within a reasonable time and shall
be done under circumstances devoid of intimidation or coercion. In
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all disciplinary interviews, the employee shall be afforded an
opportunity and facilities to contact and consult privately with an
attorney of his /her own choosing, before being interviewed. Such
opportunity to contact and consult privately with a private attorney
shall not unduly delay the disciplinary interview. The employee
shall be entitled to such reasonable intermissions, as he /she shall
request for personal necessities, meals, telephone calls and rest
periods. The employee may be represented by either a private
attorney or the Guild during the interview, but not both.
I. All interviewing shall be limited in scope to activities,
circumstances, or events which pertain to the employee's conduct
or acts which may form the factual basis for disciplinary action
under one (1) or more of the categories contained in Section
18.2.b.2 herein.
J. The employee will not be threatened with dismissal or other
disciplinary punishment as a guise to attempt to obtain his /her
resignation, nor shall he /she be subject to abusive or offensive
language or intimidation in any other manner. No promises or
rewards shall be made as an inducement to answer questions.
K. No employee shall be required to unwillingly submit to a polygraph
test.
L. Should any section, sub section, paragraph, sentence, clause or
phrase in this article be declared unconstitutional or invalid, for any
reason, such decision shall not affect the validity of the remaining
portions of this article.
M. The investigation shall be completed in a reasonable amount of
time in light of the circumstances and discipline shall be imposed
within a reasonable amount of time after the conclusion of the
investigation.
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ARTICLE 19 MANAGEMENT RIGHTS
SECTION 19.1 The Guild recognizes the prerogatives of the Employer to
operate and manage its affairs in all respects in accordance with its
responsibilities and powers of authority.
SECTION 19.2 The Employer has the right to schedule overtime work as
required in a manner most advantageous to the Department and consistent
with requirements of municipal employment and the public safety.
SECTION 19.3 It is understood by the parties that every incidental duty
connected with operations enumerated in job descriptions is not always
specifically described.
SECTION 19.4 The Employer reserves the right to lay off personnel for, lack
of work or funds, or for the occurrence of conditions beyond the control of
the Employer, or when such continuation of work would be wasteful and
unproductive. The Employer shall have the right to determine reasonable
schedules of work and to establish the methods and processes by which
such work is performed in accordance with Article 4 of this Agreement.
SECTION 19.5 No policies or procedures covered in this Agreement shall be
construed as delegating to others or as reducing or abridging any of the
authority conferred on City Officials as defined in the following:
A. Mayor. The Ordinance responsibility of the Mayor as Chief
Executive Officer of the City for enforcing the laws of the State and
the City, passing upon Ordinances adopted by the City Council,
recommending an annual budget, or directing the proper
performance of all executive departments.
B. Council. The responsibility of the City Council for the enactment
of Ordinances, the appropriation of monies and final determination of
employees' compensation.
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C. Commission, The responsibility of the Civil Service
Commission, as provided by State statute or ordinance, for
establishing rules, certifying registers and the reviewing of
appointments in the police service, subject to the applicable
bargaining duty of the City and the terms of this agreement.
D. Police Chief. The responsibility of the Chief of Police and his
delegates governed by Ordinance, Civil Service rules and
Departmental rules, and as provided for in this Agreement, as follows:
1. To recruit, assign, transfer, or promote members to positions
within the Department.
2. To relieve members from duties because of lack of work, or
lack of funds.
3. To determine methods, means, and personnel necessary for
departmental operations.
4. To control the departmental budget.
5. To take whatever temporary actions are necessary in emer-
gencies in order to assure the proper functioning of the
Department.
ARTICLE 20 GRIEVANCE PROCEDURE
SECTION 20.1 Definition, A "grievance" means a claim or dispute by an
employee (or the Guild on behalf of an employee or employees or on its own
behalf with regard to matters effecting the Guild as an entity) with respect to
the interpretation or application of the provisions of this Agreement.
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SECTION 20.2 Procedure;
A. Step 1:
An employee or the Guild must present a grievance within fourteen
(14) calendar days of its alleged occurrence to the employee's
supervisor who shall attempt to resolve it within fourteen (14)
calendar days after it is presented to the supervisor.
B. Step 2:
If either the employee or the Guild is not satisfied with the solution
by the supervisor, the grievance, in writing, stating the section of
the agreement violated, the facts of the case as seen by the
grieving party, and the remedy sought, may be presented within
fourteen (14) calendar days after receipt of the supervisor's answer
in step 1 to the Chief of Police (with a copy to the Administrative
Services Director) who shall attempt to resolve the grievance within
fourteen (14) calendar days of its presentation.
In the case of disciplinary actions, both appealable to the Civil
Service Commission and grievable under the terms of this contract,
a written election of remedies shall be made after receipt of the
Step 2 response. An employee may elect to either pursue an
appeal to the Civil Service Commission or continue with the
contractual grievance procedure, but not both. If mutually agreed,
time limits will be extended to complete a reasonable investigation
before the election of remedies is made. Appeal for disciplinary
actions shall bypass Step 3 below and proceed directly to the Civil
Service Commission pursuant to the rules of the Commission or to
arbitration as provided for in Step 4 of this agreement.
C. Step 3:
If the employee or the Guild is not satisfied with the solution by the
Chief of Police, the grievance, in writing, together with all other
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pertinent materials may be presented to the Mayor or his /her
designee by a Guild representative within (14) calendar days after
receipt of the Chiefs answer in Step 2. The Mayor or his /her
designee shall attempt to resolve the grievance within fourteen (14)
calendar days after it has been presented to the Mayor.
D. Step 4:
Except as otherwise provided in this Article, if the grievance is not
resolved in Step 3 the grievance may, within thirty (30) calendar
days, be referred to arbitration by the Guild. The City and the Guild
shall try to agree upon a mutually acceptable arbitrator. If the
parties fail to agree, they shall request a list of seven (7) arbitrators
from the Federal Mediation and Conciliation Service, with all
arbitrators being members of the National Academy of Arbitrators.
The parties shall alternatively strike from the list until only one
name remains.
The Arbitrator shall hold the hearing within 120 days of his /her
appointment unless the parties mutually agree to extend the
hearing date in writing. The Arbitrator shall decide the case based
on the interpretation and application of the provisions of the
agreement within thirty (30) days after such hearing. The decision
shall be final and binding upon the parties to the grievance provided
the decision does not involve action by the City, which is beyond its
jurisdiction. Each party hereto will pay the expenses of their own
representatives (e.g. attorney's fees) and the expenses of the
arbitrator will be borne equally by the parties hereto.
Neither the arbitrator nor any other person or persons involved in
the grievance procedure shall have the power to negotiate new
agreements or to change any of the present provisions of this
agreement.
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SECTION 20.3 Timeliness. It is the intent of this grievance procedure that
the parties will process grievances within the timeframes set forth herein.
In the event the grievance is not processed in the timeframes stated, then
the matter shall be considered resolved. If the City fails to comply with the
timeframes herein, then the grievance will automatically advance to the
next step. The timeframes may be extended by mutual written agreement
of the parties.
ARTICLE 21 NO STRIKE
SECTION 21.1 No Strike. During the life of this Agreement, neither the Guild
nor any officer, agent, or employee will instigate, promote, sponsor, engage
in, or condone any strike (including sympathy strike), slowdown, concerted
stoppage of work, or "sick- outs
SECTION 21.2 Guild Official Responsibility. Each employee who holds the
position of officer or Executive Board Member of the Guild occupies a
position of special trust and responsibility in maintaining and bringing about
compliance with the provisions of this Article. In the event of a violation of
Section 21.1 of this Article, the Guild agrees to inform its members of their
obligations under this Agreement, and to direct them to return to work.
ARTICLE 22 LEAVES
SECTION 22.1 Discretionary Leaves. The City may, at it discretion, grant a
leave of absence under this subsection except for illness, injury, or
pregnancy, to any bargaining unit employee for good and sufficient reason.
The City shall, at its discretion, set the terms and conditions of the leave,
including whether or not the leave is to be with pay.
SECTION 22.2 Military Leave. Military leave shall be granted in accordance
with applicable law.
SECTION 22.3 Jury Leave. All employees covered by this Agreement who
are required to report for jury duty shall sign their jury duty checks over to the
City, and shall be compensated at their regular rate of pay for each hour
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actually spent on jury duty. If an employee is released by the Court from jury
duty on any given day, the employee shall immediately notify his /her
supervisor for assignment to work.
If, however, jury duty lasts eight hours or more, but less than a full shift, the
employee shall not be required to report back to his /her regular assignment
at the conclusion of Court for that day and shall be compensated at their
regular rate of pay for the full shift
SECTION 22.4 Funeral Leave. An employee who has a member of his /her
immediate family taken by death or who has been notified by a physician in
attendance of imminent death may request to use up to eighty (80) hours of
leave of absence with pay. Immediate family shall be defined as: spouse,
mother, father, mother -in -law, father -in -law, children, brother, sister,
son -in -law, daughter -in -law, brother -in -law, sister -in -law, grandparents, and
grandchildren.
Employees will be eligible for Domestic Partner benefits in accordance with
changes in City Policy.
SECTION 22.5 Employment Elsewhere. A leave of absence will not be
granted to enable an employee to try for or accept employment elsewhere or
for self employment without the expressed written consent of the Chief of
Police.
ARTICLE 23 INDEMNIFICATION
SECTION 23.1 In accordance with RCW 4.96.041 and Section 2.16.020 of the
City Municipal Code, the City shall indemnify, defend, and hold harmless
any employee subject to claim or suit, including damages of a non punitive
nature, when the employee has in good faith purported to perform acts
within the scope of the employee's performance of his /her official duties.
Indemnity defense shall not be provided by the Employer for any suit, claim
or action brought against the employee by, or on behalf of, the Employer.
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SECTION 23.2 In an Inquest arising out of the use of force, the employee
shall have the right to legal representation by an attorney selected by the
employee from the following list that has been agreed to by the Guild and
the City. If the employee elects to select his /her own representation, the
City will pay for reasonable legal services provided that the employee has
acted in good faith in the performance or purported failure of performance
of his /her official duties and; provided further that the employee was not
engaging in criminal misconduct. The attorney selected by the employee
must have a high level of experience in representing law enforcement
officers in the use of force. The City shall have a reasonable right to
approve the choice of counsel in light of the requirements described
herein; to review billings for such representation and approve all payments
in writing.
In the event outside counsel is retained by the employee and the
employee is subsequently convicted of a crime or it is determined by a
court of competent jurisdiction that the employee was not acting in good
faith arising out of the facts giving rise to the Inquest, the City shall be
entitled to recover attorney's fees and costs it has expended on the
employee's behalf from the employee.
The list of acceptable counsel for purposes of alternative defense of police
officers in inquest proceedings:
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1. Ted Buck
Stafford, Frey, Cooper
1301 Fifth Avenue
Suite 2500
Seattle, WA 98101
(206) 623 -9900
2. Christopher K. Vick or Hillary
McClure, Vick, Julius, McClure
5701 Sixth S
Seattle, WA 98108
(206) 957 -0926
3. David Allen
Allen, Hansen Maybrown
600 University St. #3020
Seattle, WA 98101
(206) 447 -9681
4. Richard Jolly or Mark Bucklin
Keating, Bucklin, McCormack, Inc.
800 Fifth Avenue
Suite 4141
Seattle, WA 98104
(206) 623 -8861
5. Andrew Cooley or Stew Estes
Keating, Bucklin, McCormack, Inc.
800 Fifth Avenue
Suite 4141
Seattle, WA 98104
(206) 623 -8861
ARTICLE 24 SAVINGS CLAUSE
SECTION 24.1 Severability. If any article of this Agreement of any addenda
hereto should be 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, the remainder of this Agreement and
addenda shall not be affected thereby and the parties shall enter immediate
collective bargaining negotiations for the purpose of arriving at a mutual
satisfactory replacement of such article.
SECTION 24.2 Prevailing authority. If any provisions of this Agreement are
found by a court of competent jurisdiction to be in conflict with current Civil
Service Rules and regulations, the letter shall prevail except in Guild security
provisions, in which case, the provisions of Article 20 shall prevail. The
Employer agrees that in the event that any provision of Civil Service Rules
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and Regulations are suspended, abolished or modified, collective bargaining
shall proceed immediately with respect to any items which as a result of
such change may come within the discretion of the Employer, and the
results of such bargaining shall be made a part of this Agreement.
ARTICLE 25 ENTIRE AGREEMENT
SECTION 25.1 The Agreement expressed herein in writing constitutes the
entire Agreement between the parties, and no oral statement shall add to or
supersede any of its provisions.
SECTION 25.2 The parties acknowledge that each has had the unlimited right
and opportunity to make demands and 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, except as
otherwise provided in this Agreement, the Employer and the Guild, for the
duration of this Agreement, 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 referred to or covered in this Agreement.
ARTICLE 26 SAFETY
SECTION 26.1 The Guild and City agree that the physical fitness of Guild
members is important to their health and safety. The City and the Guild will
both support and encourage employees to be physically active and to be
involved in a personal program of regular exercise.
ARTICLE 27 DURATION OF AGREEMENT
SECTION 27.1 Effective date and Duration. Unless otherwise provided
herein, this Agreement shall become effective upon execution and shall
remain in force until December 31, 2013.
SECTION 27.2 Conflicts. When there is a conflict between any collective
bargaining agreement reached by an employer and a bargaining repre-
06/20/12 2011 -13
246
55
sentative on a Guild security provision and any charter, ordinance, rule or
regulation adopted by the public employer or its agents, including but not
limited to a civil service commission, the terms of the collective bargaining
Agreement shall prevail.
CITY OF TUKWILA TUKWILA POLICE OFFICERS' GUILD
Jim Haggerton, Mayor President
Guild Committee Member
Guild Committee Member
Guild Committee Member
Date:
Attest:
Christy O'Flaherty, City Clerk
06/20/12 2011 -13
247
56
POLICE COMMISSIONED
AGREEMENT
TUKWILA POLICE OFFICERS' GUILD
AND
THE CITY OF TUKWILA
APPENDIX "A WAGE SCHEDULE (2011)
Effective January 1, 2011, base salaries in effect on December 31,
2010 shall be increased by 0.0
WAGE STEPS 2011
I Police Officer 5
Entry Level
5,067
Police Officer 4 I
5,334
Police Officer 3
Lateral Level I
5,606
Police Officer 2
I
5,882
Police Officer 1 I
I
6,176
Master Police Officer 3
6+ Years See Article 12
6,330
Master Police Officer 2 I
9+ Years See Article 12 I
6,484
Master Police Officer 1
12+ Years See Article 12
6,638
Serqeant 2 I
0 -12 Months
6,817
I I Serqeant 1
I
13+ Months I
7,082
Master Serqeant 2 I
3+ Years See Article 12
7,259
Master Serqeant 1 I
++I
6+ Years See Article 12 I
7,443
248 06/20/12 2011 -13
57
APPENDIX "A WAGE SCHEDULE (2012)
Effective January 1, 2012, base salaries in effect on December 31,
2011 shall be increased by 3.5
WAGE STEPS 2012
Police Officer 5 I
Entry Level I
5,244
Police Officer 4
5,521
Police Officer 3
Lateral Level
5,802
Police Officer 2
6,088
Police Officer 1
I
6,392
Master Police Officer 3
6+ Years See Article 12
6,552
Master Police Officer 2
9+ Years See Article 12
6,616
Master Police Officer 1
12+ Years See Article 12
6,680
Sergeant 2
0 -12 Months
7,056
Serqeant 1
13+ Months
7,330
Master Sergeant 2
3+ Years See Article 12
7,513
Master Sergeant 1
6+ Years See Article 12
7,704
One -Time Payment:
Each employee shall receive a one -time payment of $900.
06/20/12 2011 -13
MR,
58
APPENDIX "A WAGE SCHEDULE (2013)
Effective January 1, 2013, base salaries in effect on December 31,
2012 shall be increased by 3.5
MCI
WAGE STEPS 2013
Police Officer 5
Police Officer 4
Police Officer 3
Police Officer 2
Police Officer 1
Master Police Officer 3
Master Police Officer 2
Master Police Officer 1
Sergeant 2
Sergeant 1
Master Sergeant 2
Master Sergeant 1
06/20/12
Entry Level 5,428
5,714
Lateral Level 6,005
6,301
6,616
6+ Years See Article 12 I 6,781
9+ Years See Article 12 6,848
12+ Years See Article 12 6,913
0 -12 Months 7,303
13+ Months 7,587
3+ Years See Article 12 I 7,776
6+ Years See Article 12 7,973
2011 -13
59
The term "regular rate of pay" will be left in the collective bargaining
agreement and paragraph 4 of the August 18, 1999 Memorandum of
Understanding (Appendix "D shall be continued in effect during the term
of this collective bargaining agreement and shall not be used as precedent
in any future situations, including negotiations.
06/20/12 2011 -13
251
ME
APPENDIX "B"- MPO SCHEDULE
EFFECTIVE JANUARY 1, 2011
252
X P01 $6,176
Career Progression
Serqea'nt Level
MPS
MPS 1
X SGT1 $7,082
06/20/12
After 6 Years
After 9 Years
After 1 2 Years
Car
cer Level
xpol
xpol
x Pol
NO MP 0
2%
3%
$6,299
$6,361
$6,423
MPO 3
15%
3.5%
4.5%
$6,330
$6,392
$6,454
MPO 2
5%
6%
$6,484
$6,546
MPO 1
Career Progression
Serqea'nt Level
MPS
MPS 1
X SGT1 $7,082
06/20/12
2011-13
$6,639
After 3 Years
After 6 Years
0 /0 x Sgt 1
x Sqt 1
2.5%
$7,259
$7,330
$7,443
2011-13
G1
APPENDIX "B"- MPO SCHEDULE
EFFECTIVE JANUARY 1, 2012
X P01 $6,392
Cane ssion:.
e
After 6 Years
Afte r 9,,Yea rs
After 12 Y ars
i e
Officer Level
xPO1
0 x Pol:
x Pol
No MPO
2%
:3%
4%
M
$6,519
$6,584
$6,648
MPO 3
2.5%:
$7,704
$6,552
$6,616
$6,680
MPO 2
$6,711
$6,775
P I
MP O
.5
7W
$6,870
Career� Progression
After 3
After 6 Ye iars
Serqeant Level
I
x g
S t
MP&2' 1
2 5" Oy
3.5
$7,513
$7,587
M
5
$7,704
X SGTI $7,330
06/20/12 2011-13
253
62
APPENDIX "B"- MPO SCHEDULE
EFFECTIVE JANUARY 1, 2013
X P01 $6,616
qar66��
iifter 6 Years r
ov
After 9 Years
Aber 12 Years
Off�cer Level
0 p
x x 01
0,
X Po
1 0, xr p 01
N6iMPO
1 2% 1
3%
4
X
'0,: 1
$7,385
$6,649
$6,782
$6,913
MP 3�
9 5
5 b 0,
3
4,5
$6,716
$6,848
$6,981
MpO
$7,853
x
6
X SGTI $7,587
06/20/12 2011-13
254
$7,047
$7,182
Mpo
7 50j 0
$7,385
careerfrogression,
After 3 Yeirs
Ater 6 Years
Serq Level"
OX xsqtt
0
��'O/Q Sit 1;
mps 2
11 0 /o
3 5
$7,701
$7,853
MP S 1
0
$8,097
X SGTI $7,587
06/20/12 2011-13
254
I s 'Irk
Y
a t
Arts Commission: 1st Tues., 530 PM, '1'ukwi]a Coinmunit-, Center. Contact Stephanie Gardnerat 206- 767 -2342.
"r Chamber of Commerce's Tukwila Government and Community_ Affairs Committee: 1st Tues., 1200 Noon, Chain ber Offices.
Contact Lynn 11- allace at 206 -575 -1633.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 630 PNi, Conf Rm #5. Phi Hut (206 -433 175).
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PNII, Council Chambers at Cit_v Hall_
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall
Community Affairs Parks Committee: 2nd 4th Mon., 5 00 Plvi, Conf. Room 43 (.4) Special F,i Calendar. (B) Presentation
fi-om Julie Koler from the Kraig County O,Jice of Historic Preservation.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6.30 PM, Conf Rm 45 Phi Hit nh (206- 433 '175).
r Equity Diversity Commission: I st Thurs 15 P.m, Conf. Room 93. Contact Joyce Trantina at-706- 433 -1850.
Finance Safety Committee. 1st 3rd Tues- 5:15 Pmt, Conf. Room ;?3
-Human Services Advisory Brd: 2nd Fri. of even months, 1000 nM, Human Services Office Contact Erie Bo>>kml at 206 433 -7180.
Library Advisory Board: 3rd Wed., 7:00 PM, Foster Librarv. Contact Stephanie Gardnerat 2O6- 767 -2342.
Y Parks Commission: 3rd Wed., 5 30 PM, Senior Gaine Room at Community Center. Contact Dare Johnson at 206 7 67 -2308.
➢Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov Dec., 6 30 PN4,
Council Chambers at City hall. ContactI47iiiettaBirensat206 -431 -3670_
Transportation Committee: 1st 3rd Mon., 500 P'vt, Conf Room gI
-Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 Pm, Tukwila Community Center Contact C'Irief I'illa at 206 -433- 1815.
Utilities Committee: 2nd 4th 1'ues., 500 Pn =t, Conf Room #i (A) Howard Hanson Dam Flood Response Cooperaiire.4greement
with king Councv. (C)
Hon Hanson Dann Flood Response Construction Uanageinenl Selection Agreement. (D) 2012 Annual Small Drainage Program
Bid rt ard. (E) GIS bnventorv— Area 8 Consultant Selection Agreement.
255
Upcoming Meetings Events
Independence Day
Equity
June /July 2012
Commerce
26th (Monday)
26th (Tuesday) 27th (Wednesday) 28th (Thursday) 29th (Frida}
30th (Saturdav)
Community
Utilities Cmte, COPCAB, r Planning-
Tukwila Int'l. Blvd.
Affairs Parks
5'00 PM 6:30 Plot Commission,
Action Cmte's
Crate,
(CR 1) (CR Y5) 6.30 Pm
Trash Pickup Day
5:00 PM
(CO1[17ei1
9:00 0 00 AM
((.'R -43)
Chambers)
r
City Council
(Chamber
Committee of
Crate,
For location contact
the Whole Mtg
Rickai
7:00 P \1
rick(i:fotsehler.org
(Council
Finance
Chambers)
Safety Crate-
C. 0. ff' to be
immediately
followed bY a
(CR 1 13)
Family 4th at
Special Meeting.
city Council
2nd (Monday)
3rd (Tuesday) 4th (Wednesday) 5th (Thursday) 6th (Friday)
7th (Saturday)
I s 'Irk
Y
a t
Arts Commission: 1st Tues., 530 PM, '1'ukwi]a Coinmunit-, Center. Contact Stephanie Gardnerat 206- 767 -2342.
"r Chamber of Commerce's Tukwila Government and Community_ Affairs Committee: 1st Tues., 1200 Noon, Chain ber Offices.
Contact Lynn 11- allace at 206 -575 -1633.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 630 PNi, Conf Rm #5. Phi Hut (206 -433 175).
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PNII, Council Chambers at Cit_v Hall_
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall
Community Affairs Parks Committee: 2nd 4th Mon., 5 00 Plvi, Conf. Room 43 (.4) Special F,i Calendar. (B) Presentation
fi-om Julie Koler from the Kraig County O,Jice of Historic Preservation.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6.30 PM, Conf Rm 45 Phi Hit nh (206- 433 '175).
r Equity Diversity Commission: I st Thurs 15 P.m, Conf. Room 93. Contact Joyce Trantina at-706- 433 -1850.
Finance Safety Committee. 1st 3rd Tues- 5:15 Pmt, Conf. Room ;?3
-Human Services Advisory Brd: 2nd Fri. of even months, 1000 nM, Human Services Office Contact Erie Bo>>kml at 206 433 -7180.
Library Advisory Board: 3rd Wed., 7:00 PM, Foster Librarv. Contact Stephanie Gardnerat 2O6- 767 -2342.
Y Parks Commission: 3rd Wed., 5 30 PM, Senior Gaine Room at Community Center. Contact Dare Johnson at 206 7 67 -2308.
➢Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov Dec., 6 30 PN4,
Council Chambers at City hall. ContactI47iiiettaBirensat206 -431 -3670_
Transportation Committee: 1st 3rd Mon., 500 P'vt, Conf Room gI
-Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 Pm, Tukwila Community Center Contact C'Irief I'illa at 206 -433- 1815.
Utilities Committee: 2nd 4th 1'ues., 500 Pn =t, Conf Room #i (A) Howard Hanson Dam Flood Response Cooperaiire.4greement
with king Councv. (C)
Hon Hanson Dann Flood Response Construction Uanageinenl Selection Agreement. (D) 2012 Annual Small Drainage Program
Bid rt ard. (E) GIS bnventorv— Area 8 Consultant Selection Agreement.
255
Chamber of
Independence Day
Equity
Commerce
00, offices closed
Diversity
(Rescheduled to
Gov't.
Commission,
716x12)
Community
5I5I'M
Affairs Crate,
(CR m3)
1200 NOON
Transportation
(Chamber
Crate,
Office)
5 15 P:vt
(CR 1 1)
Finance
Safety Crate-
5 15 P%1
(CR 1 13)
Family 4th at
city Council
Fort Dent Park
Regular Mtg..
Arts
7 00 I' 4
4:00 to 10:00 PM
(Council
Commission,
(Fireworks start at
Chambers)
5.30 PM
10 PM)
(Coimrnmitr
Activities_.
Center)
entertainment_ food
vendors and fun'
For more
n?formation call
206 768 -282?
I s 'Irk
Y
a t
Arts Commission: 1st Tues., 530 PM, '1'ukwi]a Coinmunit-, Center. Contact Stephanie Gardnerat 206- 767 -2342.
"r Chamber of Commerce's Tukwila Government and Community_ Affairs Committee: 1st Tues., 1200 Noon, Chain ber Offices.
Contact Lynn 11- allace at 206 -575 -1633.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 630 PNi, Conf Rm #5. Phi Hut (206 -433 175).
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PNII, Council Chambers at Cit_v Hall_
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall
Community Affairs Parks Committee: 2nd 4th Mon., 5 00 Plvi, Conf. Room 43 (.4) Special F,i Calendar. (B) Presentation
fi-om Julie Koler from the Kraig County O,Jice of Historic Preservation.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6.30 PM, Conf Rm 45 Phi Hit nh (206- 433 '175).
r Equity Diversity Commission: I st Thurs 15 P.m, Conf. Room 93. Contact Joyce Trantina at-706- 433 -1850.
Finance Safety Committee. 1st 3rd Tues- 5:15 Pmt, Conf. Room ;?3
-Human Services Advisory Brd: 2nd Fri. of even months, 1000 nM, Human Services Office Contact Erie Bo>>kml at 206 433 -7180.
Library Advisory Board: 3rd Wed., 7:00 PM, Foster Librarv. Contact Stephanie Gardnerat 2O6- 767 -2342.
Y Parks Commission: 3rd Wed., 5 30 PM, Senior Gaine Room at Community Center. Contact Dare Johnson at 206 7 67 -2308.
➢Planning Commission /Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov Dec., 6 30 PN4,
Council Chambers at City hall. ContactI47iiiettaBirensat206 -431 -3670_
Transportation Committee: 1st 3rd Mon., 500 P'vt, Conf Room gI
-Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 Pm, Tukwila Community Center Contact C'Irief I'illa at 206 -433- 1815.
Utilities Committee: 2nd 4th 1'ues., 500 Pn =t, Conf Room #i (A) Howard Hanson Dam Flood Response Cooperaiire.4greement
with king Councv. (C)
Hon Hanson Dann Flood Response Construction Uanageinenl Selection Agreement. (D) 2012 Annual Small Drainage Program
Bid rt ard. (E) GIS bnventorv— Area 8 Consultant Selection Agreement.
255
June 4
July 2
Special Presentation
Fifth Grade Poster
Contest Winners_
COPCAB Yearend
Report and Awards.
Unfinished Business:
A resolution ratify =ing
the amended and
restated Cascade
Water Alliance
Interlocal Agreement.
Alive and Free
Program and
Contract.
An ordinance for the
North Highline
Annexation.
11 18 25
See agenda packet
cover sheet for this
week's agenda
(Itme 25, 2012
Committee o1 tltc I1bole
Meeting)
9 16
Special Presentation:
2011 Police Annual
Report.
23
256