HomeMy WebLinkAboutREG 2019-11-18 COMPLETE AGENDA PACKETTukwila City Council Agenda
•' - ❖ REGULAR MEETING ❖
-- Allan Ekberg, Mayor Counci/members: •: Dennis Robertson •: Verna Seal
�David Cline, City Administrator •: De'Sean Quinn :• Kate Kruller
Kathy Hougardy, Council President •: Thomas McLeod •:• Zak Idan
Monday, November 18, 2019; 7:00 PM • Ord #2617 • Res #1971
1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL
2. APPOINTMENTS
Confirm the appointment of Shawn Belyea to Position #7 on the Arts
Pg.1
Commission, with a term expiring 12/31/2020.
3. PUBLIC
At this time, you are invited to comment on items not included on this agenda
COMMENTS
(please limit your comments to five minutes per person). To comment
on an item listed on this agenda, please save your comments until the issue is
presented for discussion. (Refer to back of agenda page for additional information.)
4. CONSENT
a. Approval of Minutes: 11/4/19 (Regular Mtgj
AGENDA
b. Approval of Vouchers
c. Authorize the Mayor to sign Amendment No. 1 to contract #19-027
Pg.7
with Mayes Testing Engineers for the Public Safety Plan, in the amount
of $78,378.50. [Reviewed and forwarded to Consent by the Public Safety
Committee on 1114119. ]
d. Authorize the Mayor to sign Amendment No. 6 to contract #17-167
Pg.27
with SounclEarth Strategies for the Public Safety Plan, in the amount of
$73,000.00 [Reviewed and forwarded to Consent by the Public Safety
Committee on 1114119.]
e. Authorize the Mayor to sign a design consultant agreement with KPG,
Pg.41
Inc., for the 2020 Overlay and Repair Program in the amount of
$189,775.00. [Reviewed and forwarded to Consent by the Transportation and
Infrastructure Committee on 1115119. ]
f. Authorize the Mayor to sign a contract for the 2019 King County Minor
Pg.63
Home Repair Program. [Reviewed and forwarded to Consent by the
Community Development and Neighborhoods Committee on 11/13/19.J
g. A resolution repealing Resolution No. 1578, appointing Sound Law
Pg.117
Center, LLC, as the City's Hearing Examiner pursuant to Tukwila
Municipal Code Chapter 2.76 to preside over hearings related to land
use, code enforcement, police forfeitures, and other matters as specified
in the Tukwila Municipal Code. [Reviewed and forwarded to Consent by the
Community Development and Neighborhoods Committee on 11113119.]
h. Authorize the purchase of Tukwila Community Center video security
Pg.129
replacement equipment in the amount of $70,000.00.
[Reviewed and forwarded to Consent by the Community Development and
Neighborhoods Committee on 11113119.]
(continued...)
REGULAR MEETING
Monday, November 18, 2019
Page 2
5. UNFINISHED
a. Tax levy legislation:
Pg.133
BUSINESS
(1) An ordinance increasing the City of Tukwila regular levy from the previous
Pg.135
year, commencing January 1, 2020, on all property, both real and
personal, in compliance with RCW 84.55.120.
(2) An ordinance levying the general taxes for the City of Tukwila in King
Pg.137
County for the fiscal year commencing January 1, 2020, on all property,
both real and personal, in said City, that is subject to taxation for the
purpose of paying sufficient revenue to carry on the services of the several
departments of said City for the ensuing year, with an excess property tax
levy for the purpose of paying debt service on the City's Unlimited Tax
General Obligation bonds issued in 2016 and 2019, as required by law.
b. Non -represented employees compensation:
Pg.141
(1) A resolution updating and clarifying the non -represented employees'
Pg.143
compensation and adopting the non -represented salary schedule and
benefits summary effective January 1, 2020.
(2) Authorize the issuance of a Request for Proposal to pursue a market -based
compensation system.
c. Authorize the Mayor to sign Amendment No. 5 to contract #18-001 with
Pg.153
Lydig Construction for the full construction of Fire Station 52 including
the buildout of the Administration space, in the amount of $16,154,260
to include expenditure of $1,615,426 in sales tax associated with the full
project; expenditure of contingency of $1,567,483 (as needed); and
transfer $104,057 each from the Fire Station 51 and Justice Center
projects to fully cover the cost of the Administration space buildout.
Please refer to 11112119 C.O. W. packet, Q
d. An ordinance reducing pollution and promoting energy conservation by
Pg.155
regulating the use of bags at retail establishments to be codified at
Tukwila Municipal Code Chapter 5.61.
e. A resolution adopting applicable Performance Policy, Standards and
Pg.163
Objectives outlined in RCW 35.103 as the Tukwila Fire Department's
Emergency Resource Deployment and Response Time objectives.
(continued...)
REGULAR MEETING
Monday, November 18, 2019
Page 3
6. NEW BUSINESS
a. Collective Bargaining Agreements:
Pg.171
(1) Authorize the Mayor to sign a Collective Bargaining Agreement with
Pg.175
Teamsters Local 763 for the period of January 1, 2020 through
December 31, 2022 for Administrative/Technical Employees.
(2) Authorize the Mayor to sign a Collective Bargaining Agreement with
Pg.211
Teamsters Local 763 for the period of January 1, 2020 through
December 31, 2022 for Maintenance/Trades Employees.
(3) Authorize the Mayor to sign a Collective Bargaining Agreement with
Pg.245
Teamsters Local 763 for the period of January 1, 2020 through
December 31, 2022 for Professional/Supervisory Employees.
(4) Authorize the Mayor to sign a Collective Bargaining Agreement with
Pg•279
Teamsters Local 763 for the period of January 1, 2020 through
December 31, 2022 for Senior Program Managers.
b. Consensus to have the Mayor sign two letters of support regarding
Pg.311
federal priorities to reduce impacts associated with Port of Seattle airport
and flight operations.
7. REPORTS
a. Mayor
b. City Council
c. Staff — City Administrator Report
Pg.319
d. City Attorney
e. Council Analyst — Monthly Report from the Program Management
Pg.323
Quality Assurance (PMQA) provider for the Public Safety Plan
8. MISCELLANEOUS
9. EXECUTIVE SESSION
10. ADJOURNMENT
Tukwila City Hall is ADA accessible.
Reasonable accommodations are available at public hearings with advance notice to the
City Clerk's Office (206-433-1800 or TukwilaCityClerk(a)TukwilaWA.gov). This agenda is available at
www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio/video taped (available at www.tukwilawa.gov)
HOW TO TESTIFY
When recognized by the Presiding Officer 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 comments to 5 minutes. The Council appreciates hearing from citizens and members of the public, and
may not be able to answer questions or respond during the meeting.
PUBLIC COMMENTS
Members of the public are given the opportunity to address the Council on items that are NOT included on
the agenda during PUBLIC COMMENTS. Please limit your comments to 5 minutes. If you have a
comment on an Agenda item, please wait until that item comes up for discussion to speak on that topic.
SPECIAL MEETINGS/EXECUTIVE SESSIONS
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 as prescribed by law. Executive Sessions are not open to the public.
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.
3. Each side is then allowed 5 minutes for rebuttal.
4. Members of the public 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 that 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 MEETING SCHEDULE
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 1 st and 3rd Mondays of each month at 7:00 p.m. and Special Meetings. Official
Council action in the form of formal motions, adopting of resolutions and passing of ordinances can
only be taken at Regular or Special Council meetings.
Committee of the Whole Meetings - Councilmembers are elected for a four-year term. The Council
President is elected by the Councilmembers 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 there are forwarded to Regular or Special Council meetings for official action.
COUNCIL AGENDA SYNOPSIS
---------------------------------- Initial,
Meetin Date Pre arer! b Mayor's review Council review
11/18/19 CT
ITEM INFORMATION
ITEM NO.
K
I
STAFF SPONSOR: MAYOR EKBERG
ORIGINAL AGENDA DATE: 11/18/19_
AGENDA ITEM TITLE Recommended Appointment to the Arts Commission
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date 11118119
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
I1tg Date
❑ Public Hearing
Mtg Date
❑Other
Mtg Date
SPONSOR ❑Council ®Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑7S ❑P&R ❑Police ❑PI-V [-]Court
SPONSOR'S Recommend Appointment of Shawn Belyea to Position #7 of the Arts Commission
SUMMARY
RI?VII:WI:D BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN.
COMMITTEE
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/18/19
MTG. DATE
ATTACHMENTS
11/18/19
Informational Memorandum dated 10/24/19
2
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Mayor Ekberg
DATE: October 24, 2019
SUBJECT: Appointments to the Arts Commission
ISSUE
The Arts Commission have vacant positions. I am recommending appointments as outlined
below. A copy of the application for each applicant is attached for your review.
Arts Commission
Position #7: This position is currently vacant. I am recommending the appointment of Shawn
Belyea to this position. The term for this position expires December 31, 2020.
RECOMMENDATION
I am recommending these appointments be confirmed by Council at the November 18, 2019
Council Meeting.
3
11
1.D95
'� Jy
4 of
s �
City
Tukwila City Nall
6200 Southcenter Blvd
Tukwila, WA 98188
Phone: (206) 433-1800 Fax: (206) 433-1833
RECEIVED
Email: BoardsComms0tukwilawa.uov
Website: www.tukwilawa.gov
Application for Appointment
BOARDS AND COMMISSIONS
Please complete the ENTIRE application form. Applicants may attach a cover letter and/or a resume
totaling no more than three pages. DATE: 9/16/2019
NAME: Belyea
Last
ADDRES _
Street
Shawn A
First M.I.
Tukwila -
City Zip
MAILING ADDRESS (if different):
HOME PHONE: CELUMOBILE PHONE:
EMPLOYER: Cornish College of the Arts E-MAIL
Please check all that apply to you within the City of Tukwila limits:
O Resident ❑ Business Owner/Representative
❑ School District Representative CI High School Student
I wish to be considered for appointment to the following board or commission (check an that apply):
COMMISSIONS:
O
Arts
O
Civil Service
O
Equity & Social Justice
❑
Park
❑
Planning
O Other/Special Committee:
BOARDS & COMMITTEES:
O Community Police
❑ Human Services
O Library
❑ Lodging Tax
HAVE YOU PREVIOUSLY SERVED ON ONE OF THESE BOARDS OR COMMISSIONS? ❑ Yes El No
If "yes", please list: 3*
AVAILABLE TO ATTEND MEETINGS: O Daytime O Evenings
Please contact me regarding other City of Tukwila volunteer opportunities (check box): 0
FOR CITY USE ONLY:
INTERVIEW DATE: APPOINTED: ❑ Yes 11 No TERM EXPIRES:
5
Shawn Belyea BOARDS/COMMISSIONS APPLICATION FOR APPOINTMENT
rroresstonauGommunity ActlVIUSS (organizations, clubs, service groups, etc):
Resident Producer - Cornish College of the Arts, Theater Department
Executive Director - The 14/48 Projects
Board Member/Interim Executive Director - Theatre Puget Sound
Board Member - Live Girls! Theatre
Professional Actor/Director - member Actors Equity Association, worked in Seattle at
Seattle Repertory Theater, Seattle Shakespeare Theater, Book -it Repertory Theater,
Seattle Public Theater, Strawberry Theatre Workshop, ACT, and many more.
Artistic Director- Balagan Theater - winner of Gregory Award for Outstanding Director
and Outstanding Production - August Osage County (2013)
Hobblesllnterests:
me Champion of the North Seattle Bocce Club Annual Tournament and member of the club for 10
enjoy many outdoor activities including; golf, camping, boating, and swimming.
have enjpoyed living in the south end and enjoying Riverton Heights park in my neighborhood, Angle
ake Park and Seahurst Park.
Qualifications as related to this position:
have a Bachelor of Arts degree in Theater Arts from Roger Williams University and have completed the
'rofessional Actor Training program at the University of Illinois as well as The Broadway Producers
'wild Commercial Theatre Institute,
have spent 30 years as a professional theater artist, arts producer, and theater arts educator in Seattle.
believe I have a deep understanding of the arts in our region and the challenges facing both artists of
II dicicplines and arts producers/supporters.
i been living in Tukwila since 2017 and have truly enjoyed life in the south end. I have developed a
appreciattion for the Burien, Sea-tac, Tukwila area and I believe I could be a great resource for the
]a Arts Commision.
Applicant's Signature
9/ 16/2019
Date
Note: Upon submission, all information on this form becomes public record. For further clarificatlon regarding this application or
more information regarding the boards or commissions, please call (206) 433-1800.
9
COUNCIL AGENDA SYNOPSIS
--Initials
Meetino Date
Pre,pared by
Mayor' review
Council review
11/18/19
RB
> C
ITEM INFORMATION
ITEM NO.
4.C.
S"11A1 F SP()NS()R: RACHEL BIANCHI
ORIGIN;A1.AG1;NIA,A D.A'I'I:: 11/18/19
AGIZNDA I-rI;;�NI Trr1.I: Mayes Testing Contract Amendment
CA'ITGORY ❑ Discussion
g Date
Aft
® Motion
Mtg Dale 11/18/19
❑ Resolution
P1tg Date
❑ Ordinance
Mtg Date
❑ BidAxard
Mtg Date
❑ Public Hearing
A1tg Date
❑Other
Altg Date
SPONSOR ❑Council ®117ayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑lIr ❑Court
SPONSOWS Council is being asked to amend the Mayes Testing Contract to provide sufficient funding
SUNI,IARY for construction testing and inspection associated with the fire stations and justice center.
RFAIIEWL;ll BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ I'inance Comm. ® Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/4 COMMITTEE CHAIR: ROBERTSON
RECOMMENDATIONS:
SP0NSoR/All;NI1N. Administrative Services
C01MM"I"'k", Unanimous approval; Forwarded to consent agenda
COST IMPACT / FUND SOURCE
EPENllI'1'URL; RI?QUIItI ll AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/18/19
MTG. DATE
ATTACHMENTS
11/18/19
Informational Memorandum dated November 1, 2019
Contract amendment
Minutes from the 11/4 Public Safety Committee
7
S
City of Tukwila Allan Ekberg, Mayor
Administrative Services Department— Rachel Bianchi, Deputy CityAdministrator
INFORMATIONAL MEMORANDUM
TO: Public Safety Committee
FROM: Rachel Bianchi, Deputy City Administrator
BY: Justine Kim, Senior Program Manager, Shiels Obletz Johnsen
CC: Mayor Allan Ekberg
DATE: November 1, 2019
SUBJECT: Public Safety Plan — Justice Center and Fire Station 52
Project Nos. 91630501 (JC) and 90830405 (FS 52), Contract 19-027
Mayes Testing Engineers, Amendment No.1
ISSUE
Execute Amendment No. 1 to Contract 19-027 to provide additional construction testing and inspection services for the Public Safety Plan
— Justice Center and Fire Station 52 projects.
BACKGROUND
The City of Tukwila hired Mayes Testing Engineers to perform the services of a testing and inspections firm for the construction of the
Justice Center and Fire Station 51 projects in the amount of $57,075. These services help ensure that the project's construction materials
and methods adhere to the design specifications and meet all applicable codes.
ANALYSIS
Mayes Testing Amendment No. 1 is being requested due to revisions to the scope of services for the Justice Center project to
accommodate out of state fabrication shop inspections and added inspections. For the purposes of submitting a scope and fee proposal
during consultant procurement, it is typical and prudent for testing and inspections firms to make reasonable assumptions prior to the
design and bidding process to be completed. The consultant's initial proposal assumed that steel fabrication would occur at a local
Washington State shop. However, to increase subcontractor competition and reduce construction costs, steel bidders are not limited to in-
state fabrication shops. In this case, the awarded bidder is performing steel fabrication in Franklin, Idaho. The consultant is providing shop
inspections from their other offices in Salt Lake City and Boise, closer than their Seattle office, but this still requires additional inspection
hours and travel expenses. In addition, as structural engineering details were finalized during the production shop drawing process, the
steel welding method requirements changed, which required more inspections and non-destructive testing examinations by the
consultant.
Secondly, we are also now requesting authorization to amend the contract for the construction testing and inspection services for the Fire
Station 52 project. In the memo for the original contract, we included an allowance for Fire Station 52 project of $30,000, which was
already approved by Council. Because the proposed fee was an estimate and may vary based on actual services required during
construction, a 10% contingency ($8,707) was also added.
FISCAL IMPACT
Mayes Testing has provided a proposal of $43,228.50 to complete the Justice Center scope of work and $35,150 for the Fire Station 52.
The total amount for Amendment No. 1 is $78,378.50. The contract amount is well within the project budgets. Project Management
Quality Assurance (PMQA) consultant has reviewed these documents and provided his concurrence.
Mayes Testing Contract Amount — Justice Center and Fire Station 51 $57,075.00
Amendment No. 1—
Justice Center —Added Scope $43,228.50
FS 52 — Testing & Inspection Services $35,150.00 $78,378.50
New Contract Amount $135,453.50
RECOMMENDATION
Council is being asked to approve Amendment No. 1 for $78,378.50 to Contract No. 19-027 for a new total contract amount of
$135,453.50 with Mayes Testing and to consider this item on the Consent Agenda at the November 18, 2019 Regular Meeting.
attachments: Mayes Amendment No. 1
Mayes Proposal of Services with scope of work and fee
Monthly Budget Report Summary
C:IUserslandy-ylAppDatalLocallMicrosoftlWindowskINetCachelContentOudookIR3VJEXlVlinfo Memo Mayes Amend No 1 110119.docx
9
10
City of Tukwila Agreement Number: 19-027 (a)
:m 6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Amendment No. 1
Between the City of Tukwila and Mayes Testing Engineers, Inc.
That portion of Contract No. 19-027 between the City of Tukwila and Mayes Testing
Engineers, Inc. is hereby amended as follows:
Section 1 Project Designation: The Consultant is retained by the City to perform
Geotechnical Construction Services in connection with the project titled Tukwila Public Safety
Plan, Fire Station 52 site.
Section 2 Scope of Services: The Consultant agrees to perform the services, identified on
Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and
supplies.
Section 4 Payment: The Consultant shall be paid by the City for completed work and for
services rendered under this Agreement as follows:
Payment for the work provided by the Consultant shall be made as provided on Exhibit "A"
attached hereto, provided that the total amount of payment to the Consultant shall not exceed
$135,453.50 (including estimated expenses) without express written modification of the
Agreement signed by the City. The total amount for this amendment is $78,378.50
($43,228.50 + $35,150.00).
All other provisions of the contract shall remain in full force and effect.
Dated this day of
CITY OF TUKWILA
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED
Christy O'Flaherty, MMC, City Clerk
2019
CONTRACTOR
Printed Name: Timothy Beckerle, Principal
APPROVED AS TO FORM
Office of the City Attorney
CA Revised December 2016
Page 1 of 1
11
12
EXHIBIT A
Matt Strut nski
From: Ethan Bernau
Sent: Thursday, September 19, 2019 1:34 PM
To: Matt Strutynski
Subject: FW: Change Order for the Tukwila Justice Center
From: Sanborn, Dennis <Dsanborn@Mayestesting.com>
Sent: Monday, September 16, 2019 2:34 PM
To: Ethan Bernau <ethanb@sojsea.com>
Cc: Davis, Paul D <Paul.Davis @terracon.com>; Rix, Belinda M <Belinda.Rix@terracon.com>
Subject: RE: Change Order for the Tukwila Justice Center
Ethan : I have had a chance to review the original bidding documents and the current approved documents.
There were many factors that influenced our costs the largest being where the Fab Shop was located. Lindahl was
located in Franklin Idaho, we serviced the project from our other offices in Salt lake LIT and Boise Idaho. There was also a
larger change from the preliminary drawing which did not show the complete joint penetration welds (CJP)in the
column base plates for example, in the production drawings all BF columns are CJP and required more inspections and
NDE examinations in the approved drawing this added greatly to the cost as well. We needed to verify fit up and welding
and then perform NDE testing (UT).
I can dig deeper and break the costs down if you would like but those are the 2 biggest factors. See some comments
below listed in red.
Please let me if you need this broken down
Dennis Sanborn Senior Project Manager
MAYES TESTING ENGINEERS, INC. A Terracon Company
10029 S Tacoma Way, STE E-2 I Tacoma, Washington 98499
Cell: 253.224.2760 Office: 253.584.3720
dsan born d)mayestesting.com I mayestestinq.com I terracon.com
Private and confidential as detailed here (www.terracon.com/disclaime(). If you cannot access hyperlink, please e-mail sender.
Please consider the environment before printing this email i'
From: Ethan Bernau <ethanb@soisea.com>
Sent: Thursday, September 12, 2019 9:46 AM
To: Sanborn, Dennis <Dsanborn@Mayestesting.com>
Cc: Davis, Paul D <Paul.Davis@terracon.com>; Rix, Belinda M <Belinda.Rix@terracon.com>
Subject: RE: Change Order for the Tukwila Justice Center
Dennis,
Can you provide more detail on why the hours for steel fabrication shop inspections increased so significantly? I will
need help justifying the amendment. For example:
• Location of steel fabrication shop increased costs:
o Mayes assumed steel fabrication in Washington. Awarded steel fab shop is in Idaho, increasing hours for
travel time and mileage costs? Added costs due to Location we always assume local fabrication.
• Quantity of inspections increased:
13
EXHIBIT A
o Did Mayes assume periodic inspections and is now performing full time inspections at the shop? Change
from the bid documents to the production documents changed from fillet welds to CJP welding and NDE
testing as well.
o Any increase due to WABO or AISC certification issues?
o Any increase due to City of Tukwila building official requirements (beyond what was assumed)? Change
from the bid documents to the production documents changed from fillet welds to CJP welding and NDE
testing as well.
o Any increase due to structural engineer's requirements (beyond what was assumed)? We performed the
required inspections and testing per AISC and code requirements.
Any explanation like this will help the owner understand the cost increase.
Thanks,
Ethan Bernau ethanbPsoisea.com
101 Yesler Way Suite 606 1 Seattle, WA 98104
T 206.838.3705 C 206.715.5558 1 sojsea.com
Shiels I Obletz I Johnsen
Project Focused. Community Driven.
From: Sanborn, Dennis <Dsanborn@Mayestesting.com>
Sent: Tuesday, September 10, 2019 12:09 PM
To: Ethan Bernau <ethanb@soisea.com>
Cc: Davis, Paul D <Paul.Davis@terracon.com>; Rix, Belinda M <Belinda.Rix@terracon.com>
Subject: Change Order for the Tukwila Justice Center
Ethan:
Here is the change to the scope of services for the Tukwila Justice Center project for the out of state fabrication shop
inspections and added scope of services. Please see the attached document.
Thank You.
Dennis
Dennis Sanborn Senior Project Manager
MAYES TESTING ENGINEERS, INC. A Terracon Company
10029 S Tacoma Way, STE E-2 I Tacoma, Washington 98499
Cell: 253.224.2760 Office: 253.584,3720
dsanborn cDmayestesting.com I mayestesting.com I terracon.com
Private and confidential as detailed here (wvNi.terracon.comldisclaimer). If you cannot access hyperlink, please a -mail sender.
Please consider the environment before printing this email 0
Terracon provides environmental, facilities, geotechnical, and materials consulting engineering services delivered with
responsiveness, resourcefulness, and reliability.
Private and confidential as detailed here (www.terracon.com/disclaimer). If you cannot access the hyperlink, please e-mail
sender.
14
EXHIBIT A
City of Tukwila - Tukwila Justice Center
Testing and Inspection Services
Mayes Testing Engineers, Inc.
M8181387118549T - Change Order No. 1
Contract Budget
Billed Items as of 9/28/19
New Proposed Budget (Includes
Invoices up to 9/28 and services from
9130-end of project)
Item
Estimated
No. of Units
Unit Price
Total
No. of Units
Billed as of
912812019
Unit Price
Total
No, of Units
Unit Price
Total
Inspection Services
Reinforced Concrete Inspection 96 hours
96
$ 75.00
$ 7,200.00
131.50
S 75.00
$ 9,862.50
151.50
$ 75.00
$ 11,362.50
Foundations: Estimate 6 inspections at 4 hrs.
Resteel: Estimate 5 inspections at 4 hrs.
Slab on Grade: Estimate 4 inspections at 4 hrs.
Slab on Deck: Estimate 4 inspections at 4 hrs.
Misr/Site: Estimate 5 inspections at 4 hrs.
Overtime
7.50
$ 112.50
S 843.75
7.50
$ 112.50
S 843.75
Base Plate Grout Ins ection 8.0 hours
8
$ 75.00
$ 600.00
14.50
$ 75.00
S 1.087.50
22.50
S 75.00
$ 1,687.50
Estimate 2 inspections at 4 hrs.
Ultrasonic Testing 20 hours
20
$ 95.00
$ 1,900.00
8.00
S 95.00
$ 760.00
8.00
$ 95.00
$ 760.00
Eslimale 5 inspections at 4 hrs.
Overtime
1.50
$ 142.50
S 213.75
1.50
$ 142.50
S 213.75
Structural Steel Fabrication Inspection 40 hours
40
$ 90.00
$ 3,600.00
162.50
$ 90.00
S 16,425.00
182.50
$ 90.00
$ 16,425.00
Estimate 10 inspections at 4 hrs.
Overtime
32.25
$ 135.00
$ 4,353.75
32.25
$ 135.00
$ 4,353.75
Structural Steel Erection Inspection 200 hours
200
$ 90.00
$ 18,000.00
166.50
$ 90.00
S 14,985.00
205.00
$ 90.00
5 18,450.00
Eslimale 5 weeks al 40 hrs er week.
Overtime
8.50
S 135.00
$ 1,147.50
11.00
S 135.00
$ 1.485.00
Project Management
30
$ 105.00
$ 3,150.00
19.00
$ 105.00
$ 1,995.00
30.00
5 105.00
S 3,150.00
Labo tory Services
Concrete Compress ve Strength Cylinder Tests
100
$ 25.00
$ 2,500.00
112.00
$ 25.00
$ 2,800.00
132.00
$ 25.00
$ 3,300.00
Mason Grout Compressive Strength Test
6
$ 25.00
$ 150.00
15.00
$ 25.00
$ 375.00
18.00
S 25.00
$ 450.00
Additional Services Performed as Requested:
Per Diem for Lundahl Ironworks $140/full day for meals & Lod in
15.00
S 140.00
$ 2.100.00
15.00
S 140.00
$ 2,100.00
Per Diem for Lundahl Ironworks $40/half day for meals
5.00
$ 40.00
$ 200.00
5.00
S 40.00
$ 200.00
Mileage .65/mi
4615.00
$ 0.65
$ 2,999.75
4615.00
$ 0.65
$ 2,999.75
Asphalt Inspection
5.50
$ 85.00
$ 467.50
13.50
$ 85.00
$ 1,147.50
Asphalt Rice Density Test, each
1.00
S 100.00
$ 100.00
2.00
$ 100.00
$ 200.00
Geotechnical Engineer FF/FL
11.00
$ 150.00
$ 1,650.00
11.00
$ 150.00
$ 1,650.00
Geotechnical Field Engineer FF/FL
31.50
$ 100.00
$ 3,150.00
31.50
$ 100.00
$ 3,150.00
FiresIODDing
0.00
S 75.00
S
20.00
$ 75.00
$ 1,500.00
Fireproofing
0.00
$ 75.00
$
20.00
$ 75.00
$ 1,500.00
Fireproofing Density Test
0.00
$ 80.00
S
20.00
$ 80.00
$ 1,600.00
Lateral Framing
4.00
$ 75.00
$ 300.00
24.00
S 75.00
$ 1.800.00
Total Contract Budget
$ 37,100.00
Total:
$ 65,816.00
Total New Costs:
S 80,326.50
Total Over
Original
Budget:
$ 28,716.00
Total New
Budget
Increase:
$ 43,228.50
15
EXHIBIT A
MAYES TESTING ENGINEERS, INC.
A Irerracon COMPANY
October 21, 2019
Ms. Justine Kim
Shiels Obletz Johnsen, Inc
800 Fifth Avenue, Suite 4130
Seattle, WA 98104
Re: Testing and Inspection Services
City of Tukwila Fire Station 52
15447 651h Ave S, Tukwila, WA
Mayes Testing Engineers Proposal No. 19642T
Dear Ms. Kim,
seam office
20225 CedarValley Road
Sul- 110
Lynnwood, WA98036
ph 425.742.9360
fax425.745.1737
Tacoma Office
10029 S. Tacoma Way
Suite E-2
Tacoma, WA98499
ph 253.584.3720
fax253.584.3707
Fbraand office
7911 NE 33rd Clove
Suite 190
Portland, OR 97211
ph 503281.7515
fax503281.7579
Mayes Testing Engineers has an excellent track record of successful projects which means you will
have fewer demands on your time, reduced risk, and the likelihood of completing on or under
budget. The attached cost estimate for the City of Tukwila Fire Station 52 project is based on
careful review of the plans dated 9/27/2019. No construction schedule is available at this time.
Once a schedule becomes available it would benefit Shiels Obletz Johnsen, Inc to provide us the
opportunity to review and revise this estimate based on updated schedule information.
The inspection and testing scope of work includes:
• Reinforced Concrete
• Lateral Framing
• Baseplate Grout
• Proprietary Anchor
• Masonry
• Structural Steel Fabrication
• Structural Steel Erection
• Ultrasonic Testing
We assume all soils related testing and inspection will be performed by the geotechnical engineer
of record. We assume structural steel members will come from a local Puget Sound or Portland
area fabrication shop.
Mayes Testing Engineers has been performing testing and inspection services in the Pacific
Northwest since 1984. You will find we have the trust and respect of the local building department.
We are fully certified and perform all tests in accordance with ASTM and IBC standards. With the
largest staff of WABO registered inspectors in the State, we have ample capacity to staff this
project with multi -licensed inspectors. Washington State Professional Engineers directly supervise
all inspection activities.
As an integral part of the project team, we work with our clients to provide realistic testing and
inspection budgets. Our clients will only be invoiced for actual work performed. A four-hour
minimum will apply to all inspections. Time will be charged portal-to-portal from our Tacoma office.
A premium rate of 1.5 times the regular rate will be charged for all work outside of normal working
hours or in excess of 8 hours per day and on Saturdays, Sundays and Legal Holidays. Payment is
net 30 days from date on invoice. This proposal is valid for 90 days from the date of this letter.
Final costs may vary up or down depending on the contractor's scheduling of the work. All
services will be billed in accordance with the attached fee schedule.
16
EXHIBIT A
If you have any questions or if we may be of further assistance, please do not hesitate to call. If
you find this proposal acceptable, please sign and return one copy to our office. We look forward
to your favorable response.
Respectfully Submitted,
MAYES TESTING ENGINEERS, INC.
`2 �y`J"G �— Accepted By:_
Printed Name:
Timothy G. Beckerle, P.E. Title:
Principal Date:
Attachments: Cost Estimate
Fee Schedule "P2" and General Conditions
I
EXHIBIT A
City of Tukwila Fire Station 52
Testing and Inspection Services
Mayes Testing Engineers, Inc. Cost Estimate No. 19642T
Item
Estimated No. Extended
of Units Unit Price Total
Inspection Services
Reinforced Concrete
Inspection
152 Hours 75.00 /hr 11,400.00
Foundations:
Estimate
10
inspections at
4
hours per inspection
Walls:
Estimate
8
inspections at
4
hours per inspection
Resteel:
Estimate
8
inspections at
4
hours per inspection
Slabs on grade:
Estimate
5
inspections at
4
hours per inspection
Slabs on deck:
Estimate
2
inspections at
4
hours per inspection
Vault lid:
Estimate
1
inspection at
4
hours per inspection
Miscellaneous: Estimate 4 inspections at 4 hours per inspection
Lateral Framing Inspection (Includes shearwalls, holddowns and
diaphragms) 20 Hours 75.00 /hr 1,500.00
Light gauge: Estimate 5 inspections at 4 hours per inspection
Baseplate Grout Inspection
8
Hours
75.00 /hr
600.00
Estimate 2 inspections at
4 hours per inspection
Proprietary Anchor Inspection
40
Hours
75.00 /hr
3,000.00
Estimate 10 inspections at
4 hours per inspection
Masonry Inspection
20
Hours
75.00 /hr
1,500.00
Veneer Estimate 5 inspections at
4 hours per inspection
Structural Steel Fabrication Inspection
20
Hours
90.00 /hr
1,800.00
Estimate 5 inspections at
4 hours per inspection
Structural Steel Erection Inspection
60
Hours
90.00 /hr
5,400.00
Estimate 15 inspections at
4 hours per inspection
Ultrasonic Testing
40
Hours
.95.00 /hr
3,800.00
Estimate 10 inspections at
4 hours per inspection
Project Management (Includes project setup, meetings, report
review, closeout services and misc. consultation)
20
Hours
105.00 /hr
2,100.00
Laboratory Services
Concrete Compressive Strength Cylinder Test
150
Each
25.00 ea
3,750.00
Grout Compressive Strength Test
12
Each
25.00 ea
300.00
Miscellaneous Services
Cylinder Pick-up No Charge
Mileage No Charge
Administrative Services (Types reports, mail, postage, etc.) No Charge
Total Estimated Costs: $35,150.00
A four-hour minimum charge per call applies to all inspections. A premium rate of 1.5 times the regular will be charged
for all work outside of normal working hours in excess of 8 hours per day and on Saturdays, Sundays and Legal Holidays.
Payment is net 30 days. This estimate is valid for 90 days.
18 MAYES TESTING ENGINEERS, INC.
EXHIBIT A
MAYES TESTING ENGINEERS, INC.
P2 Fee Schedule
Concrete Inspection (includes Reinforcing Steel, Concrete Placement, Shotcrete,
n JFc Con COM PAN
Augercast Grout, Grout, Batchplant)
75.00 /hour
Post Tension Concrete Inspection (includes placement and stressing)
75.00 /hour
Proprietary Anchor Inspection (includes Epoxy Grouted and Expansion Anchors)
75.00 /hour
Masonry Inspection (Includes cmu and brick veneer)
75.00 /hour
Lateral Framing Inspection (includes wood and light gauge)
75.00 /hour
Seismic Resistance System Inspection
75.00 /hour
Fireproofing Inspection
75.00 /hour
Intumescent Paint Inspection
85.00 /hour
Soils Technician (includes nuclear densometer)
85.00 /hour
Asphalt Technician (includes nuclear densometer)
85.00 /hour
Asphalt or Concrete Coring Technician
85.00 /hour
Laboratory Technician
85.00 /hour
Lead Inspector
90.00 /hour
Structural Steel/Welding Inspection (includes bolting)
90.00 /hour
Non -Destructive Testing
Dye Penetrant Testing
95.00 /hour
Magnetic Particle Testing
95.00 /hour
Ultrasonic Testina
95.00 /hour
concrete i esting
Air Dry Unit Weight Test
40.00 each
Concrete Absorption, Unit Weight and Moisture Content Test
45.00 each
Concrete, Augercast Grout or Nonshrink Compressive Strength Cylinder Test (includes
curing, breaking and report)
25.00 each
Concrete Compressive High Strength Cylinder Test (over 10,000 psi)
30.00 each
Concrete Core Compressive Strength Test (includes trimming and testing)
66.00 each
Concrete Flexural Strength Beam Test
50.00 each
Concrete Shrinkage Test (ASTM C157 - set of 3)
300.00 each
Length of Concrete Core Test (ASTM C174)
30.00 each
Mix Design 1 Point Verification & 3 Point Water Cement Curve
quoted on request
Modulus of Elasticity Test
100.00 each
Shotcrete Panel Test (includes 4 cores)
160.00 each
Voids and Density of Hardened Concrete Test (ASTM C642)
75.00 each
Masonry Testing
Brick Absorption Test (24 hour soak)
45.00 each
Brick Absorption Test (5 hour boil)
70.00 each
Brick or Masonry Efflorescence Test (set of 5)
85.00 each
Brick or Concrete Paver Compression Test
45.00 each
Masonry Absorption, Unit Wt. And Moisture Content Test
45.00 each
Masonry Unit Compression Test
55.00 each
Masonry Drying Shrinkage Test (set of 3)
300.00 each
Masonry Grout or Mortar Compressive Stength Test
25.00 each
Masonry Prism Test (grouted or ungrouted)
110.00 each
Retaining Wall Unit Absorption Test
45.00 each
Retaining Wall Unit Compression Test
110.00 each
Asphalt Testing
Asphalt Marshall Mix Design Test (5 points)
3500.00 each
Asphalt Core Density Test
35.00 each
Asphalt Ignition & Gradation Test
250.00 each
Asphalt Marshall Set Test (flow, stability, voids)
440.00 each
Asphalt Oil Content Test
80.00 each
Asphalt Rice Density Test
100.00 each
Asphalt Stripping Test
30.00 each
Asphalt Superpave Set Test (VMA, VFA and VA)
550.00 each
19
P2 Fee Schedule
EXHIBIT A
MAYES TESTING ENGINEERS, INC.
AIr 01 COMPANY
LABORATORY SERVICES
Soils and Aggregate Testing
Atterberg Limits Tests
120.00 each
Liquid Limit Only Test
75.00 each
Plastic Limit Only Test
55.00 each
California Bearing Ratio Test (CBR - with proctor)
650.00 each
Clay Lumps and Friable Particles Test
90.00 each
Degradation Test
135.00 each
Flat and Elongated Particles Test
90.00 each
Fractured Face Count Test
75.00 each
LA Abrasion Test
150.00 each
Lightweight Pieces in Aggregate Test (coal and lignite)
80.00 each
Organic Impurities Test
45.00 each
Organic Matter Analysis (loss on ignition by weight)
60.00 each
R-Value Test
325.00 each
Sand Equivalent Test
60.00 each
Sieve Analysis Test (includes wash over#200)
225.00 each
Sieve Analysis Test (percentage passing #200 only)
100.00 each
Sodium Sulfate Soundness Test
275.00 each
Soil Hydrometer Analysis Test (includes particles finer than #200)
250.00 each
Soil Moisture Content Test (natural)
30.00 each
Soil Moisture Density Relationship Test (proctor)
225.00 each
Soil Relative Density Test
225.00 each
Soil Specific Gravity Test
85.00 each
Specific Gravities Coarse Aggregate Test
55.00 each
Specific Gravities Fine Aggregate Test
85.00 each
Unit Weight Test
45.00 each
WSDOT T606 Test
550.00 each
Miscellaneous Testing
Fiber -Reinforced Polymer Tensile Test (set of 5)
750.00 each
Fireproofing Density Test
80.00 each
Machining Tensile Test
Cost + 15%
Macroetch Test (evaluation only or sample preparation)
50.00 each
Moisture Emission Test Kits
30.00 each
Reinforcing Steel #10 - #18 Tensile Test
100.00 each
Reinforcing Steel #3 - #9 Tensile Test
75.00 each
Splitting Tensile Test
80.00 each
Stressing Strand Tensile Test (breaking strength only)
60.00 each
Tensile Test on Coupon Assembly (with slippage #3 - #9)
80.00 each
Tensile Test on Coupon Assembly (with slippage #10 - #18)
105.00 each
Universal Test Machine & Operator
135.00 /hour
Weld Fracture Test
80.00 each
NDE Level III Consultation 175.00 /hour
Principal Engineer 175.00 /hour
Staff Engineer (includes Pachometer/GPR, Floor Flatness, Fiber -Reinforced Polymer
Inspection, Impact Echo, Load Testing & Concrete Moisture Testing) 140.00 /hour
Engineering Technician 105.00 /hour
Project Manager 105.00 /hour
Mileage (charged only outside our regular service area) 0.65 /mile
Subsistence (lower 48 states) Federal GSA Rate
Reimbursable Expenses (commercial travel, rentals, consumables, etc.) Cost + 15%
Subconsultants Cost + 15%
'A four hour minimum charge applies to all inspections. Overtime rate of 1.5 times the regular rate applies to all work
20 performed outside of normal working hours, weekends and holidays.
MAYES TESTING ENGINEERS, INC.
General Conditions AlrCaa COMPANY
These General Conditions apply to the Services to be provided by Mayes Testing Engineers, Inc. ("Consultant") for Shiels Obletz Johnsen, Inc
("Client") on the City of Tukwila Fire Station 52 project ("Project"), as described in Consultant's proposal above ("Proposal"). By its signature above,
Client acknowledges and accepts these General Conditions as governing the Services and the relationship of the parties for this Project. The Proposal
and General Conditions may collectively be referred to as the "Agreement".
1. Scope of Services. The scope of Consultant's services is described in the Proposal ("Services"). Portions of the Services may be
subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations in Consultant's reports address the
presence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant safety issues, such as
vulnerability to natural disasters, terrorism, or violence. If Services include purchase of software, Client will execute a separate software license
agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to
Consultant at the time of the Services.
2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to
execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's
request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.
Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client
uses a purchase order or other form to administer the Agreement, the use of such form shall be for convenience purposes only and any additional
or conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party.
Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred
and fees earned to the date of termination plus reasonable costs of closing the Project.
3. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so
requests, Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees
for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead
directs, authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid
for this work according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or
described to Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal. If not
stated in the Proposal, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in which they are
issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may invoice Client at least monthly and
payment is due upon receipt of invoice. Client shall not hold retainage on any invoice. Client understands that no final letter of compliance will be
issued to the building department for the Project until all outstanding invoices have been paid. Client shall notify Consultant in writing, at the
address below, within 15 days of the date of the invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the
undisputed portion. Client shall pay a finance fee of 1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts
30 days or older. Client agrees to pay all collection -related costs that Consultant incurs, including attorney fees. Consultant may suspend Services
for lack of timely payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to
notify Consultant if prevailing wages apply. If it is later determined that prevailing wages apply, and Consultant was not previously notified by
Client, Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid
amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by
any governmental agency regulating prevailing wage activity for failing to pay prevailing wages, including the payment of any fines or penalties.
5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third
party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than
those who have executed Consultant's reliance agreement, subject to the prior approval of Consultant and Client.
6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER
OF $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING
ATTORNEY AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF
THIS AGREEMENT AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR
ADDITIONAL CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION
SECTION OF THE PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE
COVERAGE, CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS
LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY
POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from
and against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally
determined to be caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally
determined to be caused by the joint or concurrent negligence of Consultant and Client, they shall be borne by each party in proportion to its own
negligence under comparative fault principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created
by this indemnity provision and such duty is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this
Agreement regardless of cause(s) or the theory of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and
the applicable statute of limitations shall commence to run not later than the date of Consultant's substantial completion of Services on the project.
8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED,
CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND
CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws
of the states having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (ii)
commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (iii) automobile liability insurance ($1,000,000 B.I. and P.D. combined
single limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and
Consultant shall waive subrogation against the other party on all general liability and property coverage.
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF
USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR
FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. 2
EXHIBIT A
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and
until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has
violated the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties
shall endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and
construed according to Washington law.
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or
other exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a
reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services;
however, Client accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless
specifically included in the Services.
13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures
indicate conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based
on tests and field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are
conducted to reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by
Consultant to be timely and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract
documents, and Consultant's recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third
party unless all tests and inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in
the Proposal, Client assumes sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and
sufficient for Client's intended purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling
Consultant so Consultant can perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure
to request or schedule Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or
their adherence to the project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in
any way from its responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work
performed by Client's contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with
quantities to establish a total estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are
estimates based on contract documents and schedules made available at the time of the Proposal. Since schedule, performance, production, and
charges are directed and/or controlled by others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the
testing procedures (unless stated otherwise in the Services). Client shall furnish or cause to be furnished to Consultant all documents and
information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic,
radioactive, or contaminated materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information
as it becomes available. Client agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the
Services, and that Client is responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest
or take title to any Affected Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies.
The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and
Consultant shall not be responsible for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any
claims against Consultant as a generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, logs, data, notes, or calculations, prepared by Consultant shall remain Consultant's
property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant.
Files shall be maintained in general accordance with Consultant's document retention policies and practices.
16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take
reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to
subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are
incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and
complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety
measures for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including
Client, Client's contractors, subcontractors, or other parties present at the site.
22
City of Tukwila - Facilities Plan MONTHLY Budget Report
• TOTAL PROJECT (REVISED Budgets; D-20 Plan Adopted by Council)
Life to Date Costs
A/E Services (both Design & CA)
$ 1,070,000
$ 322,781
$ 1,392,781
$ 1,299,917
Land Acquisition
$ _
$ _
$ -
$ -
Permits/Fees
$ 234,000
$ 100,000
$ 334,000
$ 151,939
Construction (Pre -Con, Const & Tax)
S 9,396,000
$ 1,315,046
$ 10,711,045
$ 10,711,045
Construction Related Costs (incl Bond)
$ 931,000
$ (300,000)
$ 631,000
$ 167,917
PM Services (incl Other Professional Svcs)
S 526,000
$ (50,000)
$ 476,000
$ 363,412
Contingency (incl Construction & Project
S I,2l I36,0
$S
9
$S -
TOTAL
S 370"0
1,514531,,683063
$$ ,26
1484,626
12,694,230
$
998,788
$ 301,129
$ 92,864
$
$
$
S
1
136,151
$ 15,788
$ 182,061
S
$
2,241,189
S 8,469,857
S -
S -
\
$
103,304
S 64,613
$ 463,083
S -
$
193,304
S 170,108
$ 112,588
$
$
-
$ -
$ 1,269,8
-
$
3,672,736
$ 9,021,495
$ 2,120,40206
$$
-
\
24
Public Safety Committee Minutes........................................................................................................................November4, 2019
Department headquarters. Councilmember Kruller stated she is opposed to including the
alternate as it was cut out of the project to save money. MAJORITY APPROVAL WITH
ROBERTSON AND IDAN IN FAVOR, KRULLER OPPOSED. FORWARD TO NOVEMBER 12, 2019
COMMITTEE OF THE WHOLE.
C. Public Safetv Plan Contract Amendment: Maves Testing Engineers
Staff is seeking Council approval of Amendment No. 1 to Contract 19-027 in the amount of
$78,378.50 for additional construction testing and inspection services forthe Justice Center and
Fire Station 52 projects. The amendment is within budget and has the approval of Mr. Goldblatt.
UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 18, 2019 REGULAR CONSENT AGENDA.
D. Public Safety Plan Contract Amendment: SoundEarth Strategies
Staff is seeking Council approval of Amendment No. 6 to Contract No. 17-167 with Sound Earth
Strategies in the amount of $73,000 for additional remedial excavation, field support and tank
removal activities associated with the Justice Center. The amendment is also within budget
and has the approval of Mr. Goldblatt. Councilmember Kruller asked questions about the
additional underground storage tanks. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER
18, 2019 REGULAR CONSENT AGENDA.
III. MISCELLANEOUS
Chair Robertson stated that the next Committee meeting will include further discussion on location -
based public safety data, referencing the 2017 FACETS "Fire Station Location Study" and a handout
on crime around Cascade View Park that was recently handed out at the Community Development
& Neighborhoods Committee.
The Committee requested that the Committee work plan also be included on the next agenda.
Adjourned 6:01 p.m.
' 1 ` Committee Chair Approval
25
26
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials
Meeting Date
Prepared by
Ma r s review
Council review
11/18/19
RB
ITEM INFORMATION
ITEM NO.
4.D.
S1'r\F SPONSOR: RACHEL BIANCHI
ORIGINAL AGENDA DATE: 11/18/19
AGENDA ITEM TITLE Sound Earth Contract Amendment
CATEGORY ❑Discussion
Mtg Date
❑Motion
Mtg Date Il/IS/19
❑ Resolution
Mtg Date
❑Ordinance
Mtg Date
❑Bid Award
Mtg Date
❑Public Hearing
Mig Date
❑ Other
Mtg Date
SPONSOR ❑Council ®Mayor ❑HR ❑DCD ❑.Finance ❑Fire ❑TS ❑P&R ❑Police ❑PW ❑Court
SPONSOR'S Council is being asked to amend the SoundEarth contract to provide sufficient funding for
SUMMARY environmental abatement associated witht the Justice Center.
REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ® Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. Planning Comm.
DATE: 11/4 COMMITTEE CHAIR: ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Administrative Services
COMMITTEE Unanimous approval; Forwarded to Consent Agenda
COST IMPACT / FUND SOURCE
EYPI:NI)I'I'U1ZLi RI3QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/18/19
MTG. DATE
ATTACHMENTS
11/18/19
Informational Memorandum dated November 1, 2019
Contract amendment
Minutes from the 11/4 Public Safety Committee
27
w
City of Tukwila Allan Ekberg, Mayor
Administrative Services Department- Rachel Bianchi, Deputy CityAdministrator
INFORMATIONAL MEMORANDUM
TO: Public Safety Committee
FROM: Rachel Bianchi, Deputy City Administrator
BY: Justine Kim, Senior Program Manager, Shiels Obletz Johnsen
CC: Mayor Allan Ekberg
DATE: November 1, 2019
SUBJECT: Public Safety Plan — Justice Center
Project Number 91630501, Contract 17-167
SoundEarth Strategies, Inc., Amendment No. 6
ISSUE
Approve Amendment No. 6 to Contract No. 17-167 with SoundEarth Strategies for additional remedial excavation, field support
and tank removal activities associated with the Justice Center project. The cost of these additional services is included in the
overall project budget and staff is not asking for additional budget authority.
BACKGROUND
The City of Tukwila hired SoundEarth Strategies, Inc. to perform Environmental Site Assessment services (ESA) in connection
with the Tukwila Public Safety Plan. ESA services involve two phases; Phase I is the research of potential contamination and
Phase II is soils testing. The initial contract provided Phase I services related to the Justice Center (JC) and Fire Station 52 (FS
52) sites. Amendment No. 1 added Phase I and 11 services to the Public Works (PW) site, Phase 11 for the Justice Center site
and Phase I to the Fire Station 54 (FS 54) site, in the amount of $111,937. Amendment No. 2 added Phase II services to Fire
Stations 52 and 54, as well as some additional services needed for soils testing on the Justice Center site, in the amount of
$36,325. Amendment No. 3 called for additional due diligence services, however they were able to be covered by previously
approved contingency as well as reallocating funds previously allocated to soils testing work on Fire Station 54, which were no
longer needed, and therefore, the contract amount did not increase. Amendment No. 4 changed the duration of the contract,
extending it to December 31, 2019. Amendment No. 5 added remedial excavation and field support activities during
construction, in amount of $85,770, bringing the not -to -exceed amount to $249,032.
ANALYSIS
SoundEarth Strategies' Amendment No. 6 will add additional remedial excavation, field support and tank removal activities at
the Justice Center site. The additional costs in this amendment are due to the presence of several undocumented Underground
Storage Tanks (USTs) and associated contaminated soils encountered during earthwork activities, the exact quantity and extent
of which could not be determined prior to groundbreaking. Four USTs encountered during construction were decommissioned
and removed by SoundEarth and their subcontractor. Several areas of contaminated soils were encountered and either capped
or removed during construction in various areas of the site. It is a typical and routine part of the construction process that
unforeseen conditions, such as USTs, are encountered during construction. To avoid unnecessarily delaying construction
progress, the owner's expert consultants and subcontractors on call are directed to sample, analyze, decommission and remove
such USTs as quickly as possible. These are anticipated expenditures and are included in the Council approved project budget.
FISCAL IMPACT
SoundEarth Strategies has provided a proposal of $73,000 to complete this scope of work. The following table shows the
original contract amount, the amendments, Amendment No. 6, and the new total. The amounts shown below are all
within the approved project budgets and staff is not asking for additional budget authority. Project Management Quality
Assurance (PMQA) consultant has reviewed these documents and provided his concurrence.
29
Sound Earth Info Memo
Page 2
Original Contract Amount — research of potential contamination to JC and FS 52
$ 15,000.00
Amendment No. 1 — research of potential contamination and soils testing to PW, JC, &
research of potential contamination to FS 54
111,937.00
Amendment No. 2 — soils testing to FS 52/FS54, Additional soils testing to JC
36,325.00
Amendment No. 3 — Additional Due Diligence
$0.00
Amendment No. 4 — Extend duration of contract
$0.00
Amendment No. 5 — Remedial Excavation Observation of JC Site
85,770.00
Amendment No. 6 — Add. Remedial Excavation, Field Support and Tank Removal
73,000.00
New Contract Amount
$ 322,032.00
RECOMMENDATION
Council is being asked to approve Amendment No. 6 for $73,000 to Contract No. 17-167 for a new total contract amount of
$322,032.00 with SoundEarth and to consider this item on the Consent Agenda at the November 18, 2019 Regular meeting.
attachments: SoundEarth contract amendment No. 6
SoundEarth proposal for services with scope of work and fee
Monthly budget report summary (current w/construction related costs highlighted)
W:12019 Info MemosUnfo Memo SoundEarth Amend 6110119.dou
30
City of Tukwila Agreement Number: 17-167 (f)
• 6200 Southcenter Boulevard, Tukwila WA 98188
CONTRACT FOR SERVICES
Amendment No. 6
Between the City of Tukwila and SoundEarth Strategies, Inc.
That portion of Contract No. 17-167 between the City of Tukwila and SoundEarth Strategies,
Inc. is hereby amended as follows:
Section 1 Project Designation: The Consultant is retained by the City to perform remedial
excavation observation services in connection with the project titled Tukwila Public Safety
Plan, Justice Center site.
Section 2 Scope of Services: The Consultant agrees to perform the services, identified on
Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and
supplies.
Section 4 Payment: The Consultant shall be paid by the City for completed work and for
services rendered under this Agreement as follows:
Payment for the work provided by the Consultant shall be made as provided on Exhibit "A"
attached hereto, provided that the total amount of payment to the Consultant shall not exceed
$322,032 (including estimated expenses) without express written modification of the
Agreement signed by the City. The total amount of this amendment is $73,000.
All other provisions of the contract shall remain in full force and effect.
Dated this day of 12019
CITY OF TUKWILA CONTRACTOR
Allan Ekberg, Mayor
ATTEST/AUTHENTICATED
Christy O'Flaherty, MMC, City Clerk
Printed Name: Ryan Bixby
APPROVED AS TO FORM
Office of the City Attorney
CA Revised December 2016
Page 1 of 1
31
32
Sound
Strategies
October 4, 2019
City of Tukwila
6200 Southcenter Boulevard
Tukwila, Washington 98188
SOUndEartli Strategies, Inc.
2811 Fairview Avenue East, Suite 2000
Seattle, Washington 98102
SUBJECT: ADDITIONAL SERVICES REQUEST
JC7NL Property
15005 Tukwila International Boulevard, Tukwila, Washington
Project Number: 1318-001
To Whom It May Concern:
Pursuant to your recent request, SoundEarth Strategies, Inc. (SoundEarth) is pleased to submit the
following additional services request for remedial excavation and tank removal services provided for the
JC7NL property located at the address above in Tukwila, Washington (the Property).
SoundEarth received approval for remedial excavation observation and confirmation sampling activities
at the Property in March 2019. The original SoundEarth proposal assumed that the excavation of known
contaminated soil would take approximately five days of field work. During the course of redevelopment,
several additional areas of impacted soil were encountered at the Property. SoundEarth mobilized to the
Property approximately 20 times in response to these discoveries. In addition, four previously
undocumented underground storage tanks (USTs) were encountered. At the request of the client,
SoundEarth coordinated the permitting, decommissioning, and removal of these USTs.
In our original estimate, SoundEarth assumed the collection of 15 soil samples to be analyzed for gasoline -
range petroleum hydrocarbons (GRPH) and benzene, toluene, ethylbenzene, and total xylenes (BTEX). As
a contingency, SoundEarth also assumed up to 15 diesel -range petroleum hydrocarbons (DRPH) and oil -
range petroleum hydrocarbons (GRPH) soil samples. At the time of this writing, the additional discoveries
resulted in the collection and analysis of 65 samples for GRPH and BTEX, and 47 samples for DRPH and
GRPH.
The estimated cost for the additional services described above is $73,000. SoundEarth understands that
the additional services were performed based on the terms and conditions contained within the City of
Tukwila Contract No. 17-167.
vVWNJ.sounrleai thinc.carn I 866.850.I900 AtWays da rigid. I Ills Wit graLlfy some people end asIoil ish thn rasl. -Mark kJain
33
City of Tukwila
October 4, 2019
We appreciate the opportunity to provide this request for additional environmental services on this
project. Please call us at 206-306-1900 if you have any questions.
Respectfully,
SnoundEarth Strategies, Inc.
/1
Travis Zandi
Associate Scientist
TJZ/RKB:hsb
Sound Earth Strategies, Inc. Page 1 2
PA1318 City of Tukwila\3318-001 City of Tukwila Properties\Project Manage ment\Proposalsand Contracts\Excavation Oversight\3318-001 Additional S-1ces Request_F.docx
34
Sound
Strategies
Table 1
Revised Remedial Excavation Summary of Charges
JC7NL Property
15005 Tukwila International Boulevard
Tukwila, Washington
1318-001
1
2
Soil Management Plan
Pre -Field Activities and Waste Profile
$
$
5,778
2,987
$
$
-
-
$
$
-
-
$
$
5,778
2,987
$
$
-
-
$ -
$ -
3
Excavation Observation and Confirmation Sampling
$
9,321
$
1,575
$
4,054
$
25,517
$
39,193
$ 14,817
4
Monitoring Well Decommissioning Observation
$
2,029
$
2,430
$
-
$
2,029
$
2,435
$ -
5
Groundwater Monitoring Well Installation
$
3,729
$
12,401
$
-
$
3,729
$
12,401
$ -
6
Groundwater Monitoring Events (4 Quarters)
$
6,304
$
2,094
$
1,196
$
6,304
$
2,094
$ 1,196
7
Reporting
$
13,472
$
-
$
-ELUU&IL5
13,472
$
-
$ -
8
Project Management, Client Communications, and Meetings
$
7,210
$
-
$
-
$
10,210
$
-
$ -
Contingency
15% $
11,185
Contingency $
16,609
•
$
50,830
$
18,500
$
5,250 $
85,770
$
70,026
$
56,123
$ 16,013 $
158,770
■ Original task total based on the proposal (SounclEarth proposal number PROP-190-18) submitted on February 7, 2019.
■ Revised total includes additional site visits and laboratory charges in excess of the original estimated cost.
■ Revised total also includes the permitting, decommissioning, and removal of four previously undocumented underground storage tanks.
■ Support for the revised total is included in the Additional Services Request letter dated October 4, 2019.
W
Cn P:\1318 City of Tukwila\131M01 City of Tukwila Properties\Project Manag ement\Proposals and Contracts\Excavation Oversight\1318-001_RevisedCE_F/1318-001_RevisedCE_F 1 of 1
W
City of Tukwila - Facilities Plan MONTHLY Budget Report
G)"
TOTAL PROJECT (REVISED Budgets; D-20 Plan Adopted by Council)
Life to Date Costs
A/E Services (both Design & CA)
$ 1,070,000
$ 322,781
$ 1,392,781
$ 1,299,917
Land Acquisition
$ -
$ -
$ -
$ -
Permits/Fees
$ 234,000
$ 100,000
$ 334,000
S 151,939
Construction (Pre -Con, Const & Tax)
S 9,396,000
$ 1,315,046
$ 10,711,045
S 10,711,045
Construction Related Costs (incl Bond)
$ 931,000
$ (300,000)
$ 631,000
S 167,917
PM Services (incl Other Professional Svcs)
S 526,000
$ (50,000)
$ 476,000
$ 363,412
Contingency line] Construction & Project)
$ 8
,06
9,6TOTAL
$ -
3,26,000
4306
E
$ 12,694,230
$ 998,788
$ 301,129
$ 92,864
S -
$
$
$
$
$ 136,151
S 15,788
$ 182,061
$
$ 2,241,189
S 8,469,857
$ -
S
$ 103,304
S 64,613
$ 463,083
$ -
$ 193,304
S 170,108
$ 112,588
$
$ -
$ -
$ 1,269,806
$
S 3,672,736
S 9,021,495
$ 2,120,402
$
\
w
Public Safety Committee Minutes........................................................................................................................ November 4, 2019
Department headquarters. Councilmember Kruller stated she is opposed to including the
alternate as it was cut out of the project to save money. MAJORITY APPROVAL WITH
ROBERTSON AND IDAN IN FAVOR, KRULLER OPPOSED. FORWARD TO NOVEMBER 12, 2019
COMMITTEE OF THE WHOLE.
C. Public Safety Plan Contract Amendment: Mayes Testing Engineers
Staff is seeking Council approval of Amendment No. 1 to Contract 19-027 in the amount of
$78,378.50 for additional construction testing and inspection services forthe Justice Center and
Fire Station 52 projects. The amendment is within budget and has the approval of Mr. Goldblatt.
UNANIMOUS APPROVAL. FORWARD TO NOVEMBER 18, 2019 REGULAR CONSENT AGENDA.
D. Public Safetv Plan Contract Amendment: Sound Earth Strategies
Staff is seeking Council approval of Amendment No. 6 to Contract No. 17-167 with Sound Earth
Strategies in the amount of $73,000 for additional remedial excavation, field support and tank
removal activities associated with the Justice Center. The amendment is also within budget
and has the approval of Mr. Goldblatt. Councilmember Kruller asked questions about the
additional underground storage tanks. UNANIMOUS APPROVAL. FORWARD TO NOVEMBER
18, 2019 REGULAR CONSENT AGENDA.
III. MISCELLANEOUS
Chair Robertson stated that the next Committee meeting will include further discussion on location -
based public safety data, referencing the 2017 FACETS "Fire Station Location Study" and a handout
on crime around Cascade View Park that was recently handed out at the Community Development
& Neighborhoods Committee.
The Committee requested that the Committee work plan also be included on the next agenda.
Adjourned 6:01 p.m.
Committee Chair Approval
39
m
COUNCIL AGENDA SYNOPSIS
-------------------Initials
Meetin Date
Prepared by
Ma or's review
Council review
11/18/19
GL
C
ITEM INFORMATION
ITEMNO.
4.E.
STAFF SPONSOR: SCOTT BATES
ORIGINAI. AGF,NDA DATE,: 11/18/19
AGENDA ITEM TITLE, 2020 Annual Overlay & Repair Program
Design Consultant Agreement with KPG, Inc.
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date 11118119
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ®PWI ❑Court
SPONSOR'S This contract is for design of the 2020 Annual Overlay and Repair Program. Three
SUMMARY engineering firms were evaluated and KPG was determined to be the most qualified. Cost
estimates will determine which of the nine street sections designed will be improved in
2020. This design contract also includes a new comprehensive pavement management
survey. Council is being asked to approve the design contract with KPG in the amount of
$189,775.00.
REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
® Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/05/19 COMMITTEE CHAIR: ZAK IDAN
RECOMMENDATIONS:
SPONSOR/ADMIN. Public Works Department
COMMIT"TEE Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$189,775.00 $200,000.00 $
Fund Source: 104 ARTERIAL STREET FUND
Comments: (page 16, 2019 CIP)
MTG. DATE
RECORD OF COUNCIL ACTION
11/18/19
MTG. DATE
ATTACHMENTS
11/18/19
Informational Memorandum dated 11/01/19
Consultant Selection Scoring Matrix
Page 16, 2019 CIP
Vicinity/Candidate Map
KPG Contract, Scope of Work, and Fee
Minutes from the Transportation and Infrastructure Committee 11/05/19
41
42
City of Tukwila Allan Ekberg, Mayor
Public Works Department - Henry Hash, Director
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Henry Hash, Public Works Director i1 /V.
BY: Scott Bates, Traffic Engineering Project Manager
CC: Mayor Ekberg
DATE: November 1, 2019
SUBJECT: 2020 Overlay and Repair Program
Project No. 92010401
Design Consultant Selection and Agreement
ISSUE
Execute a contract with KPG, Inc. (KPG) to provide design services for the 2020 Overlay and Repair
Program.
BACKGROUND
Three engineering firms were evaluated from the MRSC Consultant Roster to provide design services
for the 2020 Overlay and Repair Program (see attached scoring & selection matrix). All of the firms
offer baseline qualifications, however KPG provides a unique blend of knowledge and understanding
of the City's overlay program that provides efficiency and benefits which cannot be matched at this
time by any other firm. KPG has also performed very well in providing construction management
services.
DISCUSSION
KPG has provided a contract, scope of work, and fee estimate to complete the design of the 2020
Overlay and Repair Program and advertise for construction bids. Starting the design phase earlier in
the year for a projected construction advertisement date of March 2, 2020, should provide a more
favorable bidding climate. Preliminary locations for 2020 Overlay are shown on the attached vicinity
map. Also included in this year's design is a new comprehensive pavement management survey that
can be integrated into the City's Lucity maintenance management program.
FISCAL IMPACT
The fee estimate is more than the available 2020 budget. Funds from the 2019 Overlay budget will be
carried over and applied to the 2020 design. Staff anticipates a minimum carryover amount of $50,000
from the 2019 Overlay.
Contract Budget
2020 CIP $ 150,000.00
2019 Carryover 50,000.00
KPG Design Contract $ 189 775.00 $ 200 000.00
RECOMMENDATION
Council is being asked to approve the design contract with KPG, Inc. for the 2020 Overlay and Repair
Program in the amount of $189,775.00 and consider this item on the Consent Agenda at the November
18, 2019, Regular Meeting.
Attachments: Consultant Selection Scoring Matrix
Page 16, 2019 C I P
Vicinity/Candidate Map
Consultant Agreement, Scope of Work and Fee Estimate
WAPW EngIPROJECTS%- RW & RS ProjecMAnnual Overlay & Repair Programs12020 Overlay & Repair Program (92010401)0esignMesign Consultant Selection12020 Overlay To TICIInfoMemo Overlay 2020 Design 101920.docx
43
m
2020 Overlay Program
Contract for Design Services
a
U_
Y
0
Y
Paving Project Design and Construction Management Experience with the City
0
3
5
Knowledge of FHWA, State, and Tukwila Standards and Procedures
5
4
5
Environmental Experience
5
5
5
Experience with Similar Projects.
3
4
5
Traffic Control Design Expertise.
4
4
4
Experienced Design Project Manager.
4
4
4
Small Scale Project Experience.
2
3
4
Utilities Coordination Experience.
5
4
5
Storm water, Drainage, and Detention Design.
4
4
5
Public Outreach Experience.
3
3
4
Survey Crew In -House.
4
4
4
TOTALS
39
42
50
For each category, highest score is 5 (with the lowest or worst score 1)
Consultant with the highest score is ranked the best.
Staff: Scott Bates
Selection Date: 9/18/19
Selected Consultant: KPG, Inc.
Selection Justification: The selected firm has demonstrated relevant pavement overlay
design experience on multiple past federal and locally funded paving projects including
the City overlay program. KPG has provided excellent design construction
management results on City drainage projects as well. They have exceptional
familiarity with City Public Works systems, WSDOT and FHWA standards. Based on
overall score KPG prevailed. Consultants percieved ablility to perform CM services
was also reviewed since the design contract could be extended to include those
services as well.
45
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2019 to 2024
PROJECT: Annual Overlay and Repair Program Project No. 9xx10401
DESCRIPTION: Select, design and construct asphalt and concrete pavement overlays of arterial and residential streets.
JUSTIFICATION: Preserve and maintain the street structure in a safe and useable state by resurfacing before failure which also
minimizes costs. Some individual sites may be coordinated with water, sewer, and surface water projects.
STATUS: Each year various sections of roadway throughout the City are designed and constructed for asphalt overlay.
MAINT. IMPACT: Reduces annual maintenance.
COMMENT: Ongoing project. Only one year actuals shown in first column.
FINANCIAL Through Estimated
fin tnnn,,i 2n17 2n1R 2n19 2n2n 2n21 2022 2023 2024 BEYOND TOTAL
EXPENSES
Design
149
150
150
150
150
150
150
150
150
1,349
Land(R/W)
0
Const. Mgmt.
151
200
200
200
200
200
200
200
200
1,751
Construction
526
1,050
1,050
1,050
1,050
1,050
1,050
1,050
1,050
8,926
TOTAL EXPENSES
826
1,400
1,400
1,400
1,400
1,400
1,400
1,400
1,400
12,026
FUND SOURCES
Awarded Grant
0
Proposed Grant
0
Mitigation Actual
0
Mitigation Expected
0
City Oper. Revenue
826
1,400
1,400
1,400
1,400
1,400
1,400
1,400
1,400
12,026
TOTAL SOURCES
826
1,400
1,400
1,400
1,400
1,400
1,400
1,400
1,400
12,026
2019 - 2024 Capital Improvement Program
fro
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47
CONSULTANT AGREEMENT FOR
ENGINEERING SERVICES
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and KPG, Inc., hereinafter referred to as "the Consultant", in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
Proiect Designation. The Consultant is retained by the City to perform engineering services
in connection with the project titled `2020 Overlay Program'.
2. Scone of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies.
Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending December 31, 2020, unless sooner
terminated under the provisions hereinafter specified. Work under this Agreement shall
commence upon written notice by the City to the Consultant to proceed. The Consultant shall
perform all services and provide all work product required pursuant to this Agreement no later
than December 31, 2020 unless an extension of such time is granted in writing by the City.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. Payment for the work provided by the Consultant shall be made as provided on Exhibit
"B" attached hereto, provided that the total amount of payment to the Consultant shall
not exceed $189,775.00 without express written modification of the Agreement signed by
the City.
B. The Consultant may submit vouchers to the City once per month during the progress of
the work for partial payment for that portion of the project completed to date. Such
vouchers will be checked by the City and, upon approval thereof, payment shall be made
to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned will be
made promptly upon its ascertainment and verification by the City after the completion
of the work under this Agreement and its acceptance by the City.
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary to
complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
we
5. Ownership and Use of Documents. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the City whether the project for which they are made is
executed or not. The Consultant shall be permitted to retain copies, including reproducible
copies, of drawings and specifications for information, reference and use in connection with
the Consultant's endeavors. The Consultant shall not be responsible for any use of the said
documents, drawings, specifications or other materials by the City on any project other than
the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its 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 Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
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 Consultant
and the City, its officers, officials, employees, and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence. It is further specifically
and expressly understood that the indemnification provided herein constitutes the Consultant'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.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below:
1: Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
50
2. Commercial General Liability insurance with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant
before commencement of the work. Certificates of coverage and endorsements as
required by this section shall be delivered to the City within fifteen (15) days of execution
of this Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds due
the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
51
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this contract. For breach or violation of this warrant,
the City shall have the right to annul this contract without liability, or in its discretion to
deduct from the contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
14. Termination.
A. The City reserves the right to terminate this Agreement at any time by giving ten (10)
days written notice to the Consultant.
B. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant
hereby agree to complete the work under the terms of this Agreement, if requested to do
so by the City. This section shall not be a bar to renegotiations of this Agreement
between surviving members of the Consultant and the City, if the City so chooses.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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 properly laid in King County, Washington. The prevailing party in any
such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court.
16. 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.
52
17. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
KPG
3131 Elliott Avenue, Suite 400
Seattle, WA 98121
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
DATED this day of
CITY OF TUKWILA
Mayor, Allan Ekberg
Attest/Authenticated:
City Clerk, Christy O'Flaherty
2019.
CONSULTANT
L'In
Printed Name: Nelson Davis, KPG
Title: Principal
Approved as to Form:
Office of the City Attorney
53
EXHIBIT A
City of Tukwila
2020 Overlay Program
Scope of Work
October 16, 2020
The Consultant shall prepare final Plans, Specifications and Estimates for the 2020
Overlay Program. Specific projects will be determined from the following list of
candidate streets:
❑ S 200th Street
❑ 51St Avenue S/Klickitat Dr
❑ S 126th Street
❑ 44th Avenue S
❑ 48th Avenue S
❑ S 109th St
❑ S 150th St
❑ 54th Avenue S
❑ S 158th St
Southcenter Parkway to Green River Bridge
Southcenter Bridge to SR518 Bridge
East Marginal Way to 37th Ave S
S 140th St to end
S 109th S, North to Dead End
47th Avenue S to 48th Avenue S
46th Avenue S, East to Dead End
S 166th St to Slade Way
39th PI S to 42"d Ave S
The 2020 Overlay Program will be bid as a single bid package as budget allows.
Projects may be re -prioritized or deferred to a future overlay program based on
available budget and other considerations. Detailed estimates will be prepared at the
50% design to verify the final project list to be included in the 2020 Overlay Program.
The Consultant shall manage and coordinate a complete update to the pavement
management program, including data collection and analysis. Infrastructure
Management Service (IMS) has been identified as the service provider to perform the
data collection and update the City's pavement management plan. The Consultant shall
oversee all operations and work with IMS directly to successfully update the pavement
management program.
The City of Tukwila may require other services of the consultant. These services could
include additional design, right of way, environmental documentation, construction phase
services, or other work tasks not included in the scope of work. At the time these services
are required, the Consultant will provide the City with a detailed scope of work and an
hour and fee estimate. The Consultant will not proceed with the work until the City has
authorized the work and issued a Notice to Proceed.
54
Assumptions for the 2020 Overlay Program Bid Package
• Roadway and utility casting mapping will be based on aerial photography, GIS,
and field reviews by the Consultant. Topographic field survey may be required
for ADA ramp improvements and will be performed by the Consultant as
required.
• Typically, only surface utilities requiring adjustment to grade will be shown.
• No utility upgrades are anticipated in the project design.
• Drainage & Water Quality Reports will not be required.
• Environmental Documentation will not be required.
Deliverables
• 50% review submittal with Plans and Estimate (6 copies)
• 90% review submittal with Plans, Specifications, and Estimate (6 copies)
• Routing of 50% and 90% Plans to utilities for review and comment.
• Bid Documents and Engineer's Estimate for 2020 Overlay Program
• 10 sets of Plans (11" X 17") and specifications for the Bid Documents.
• Coordinate upload of Plans and Specifications to Builders Exchange.
• Bid Analysis and recommendation for award.
• Draft and final .pdf of Pavement Management Plan update
SCOPE OF WORK
TASK 1 — 2020 OVERLAY PROGRAM
1.1 The Consultant shall provide continuous project management and administration for
the duration of the Project. (Estimate 6 months).
• Hold project coordination meetings with the City to update progress and
review submittals. Assume (4) meetings.
• The Consultant shall provide monthly status reports and billings.
• The Consultant shall provide independent QA/QC reviews by senior in-
house staff of all deliverables prior to submittal to the City.
1.2The Consultant shall prepare base maps for all project locations using field
measurements, available record drawings, and/or ortho-photography. Topographic
survey will be utilized only at ADA ramp locations where field conditions require it to
meet ADA compliance
1.3The Consultant shall prepare 50%, 90%, and final Plans for the proposed
improvements including the following:
55
• Plans shall be prepared with such provisions in such detail as to permit field
layout and construction within a degree of accuracy acceptable to the City and
per industry standards.
• It is assumed there will be approximately thirty (30) plan sheets at 1"=20' scale
full size (22" X 34"), 1"=40' at reduced scale (11" X 17").
• Typical sections and details will be prepared for items not available as standard
details from the City, State, or WSDOT standard drawings.
• Plans will identify curb ramp replacement limits and pedestrian push button
modifications in accordance with ADA requirements.
• The plans shall illustrate complete details of construction of the proposed
improvements including limits of construction and removals, utility adjustments,
surfacing depths and details, and applicable channelization and signing for the
segments selected for final design.
• Plans and specifications will include required criteria for traffic control plans and
pedestrian traffic control during construction. Criteria will be developed in
collaboration with the City.
• The Consultant shall perform site walkthroughs with the City maintenance staff
to determine extent of roadway improvements / resurfacing (Estimate 2
meetings) and to prioritize candidate streets within the available budget.
• Pavement sections will be determined through consultation with the City's
maintenance staff and previous experience. No geotechnical investigations
are anticipated.
1 AThe Consultant shall calculate quantities and prepare Engineers Estimate of Probable
Construction Cost for each review submittal and the Bid Documents. Projects will be
prioritized in collaboration with the City following the 50% Submittal to determine final
project segments.
1.5The Consultant shall prepare the Contract Specification per 2020 WSDOT Standard
Specifications for the 90% Review Submittal and the Bid Documents.
1.6The Consultant shall distribute 50% and 90% review submittals to franchise utility
owners for adjustments within the Project limits.
1.7The Consultant shall assist the City with Project Advertisement and Award by
uploading plans and specifications to bxwa.com, preparing addenda, bid tabulation,
and recommendation for award.
56
TASK 2 — PAVEMENT MANAGEMENT PLAN UPDATE
2.1 The Consultant shall provide necessary management and coordination to
Infrastructure Management Service (IMS) for a complete update to the City's
pavement management program. IMS will perform tasks identified by the City and
Consultant according to the attached quote. Work items include new updated field
data collection, processing, and analysis tools that are provided to the City and
Consultant. The Consultant shall provide necessary management service to see that
the IMS data is compatible with the City's existing geographical information systems.
57
w
EXHIBIT B
PRIME CONSULTANT COST COMPUTATIONS
City of Tukwila
2020 Overlay Program
October, 2019
][<1E:1bqC3W*
Interdisciplinary Design
Task
No.
Task Description
Labor Hour Estimate
Total Hours and Labor Fee
Estimate by Task
Principal
Survey Mgr
Sr. Engineer
Construction
Mgr
Business
Manger
Project
Eng/Surveyor
Design
Engineer
CAD
Technician
Sr. Admin
Engineering
Technician
Survey Crew II
Office Admin
$ 232
$ 210
$ 184
$ 166
$ 150
$ 140
$ 117
f 100
$ 115
$ 100
$ 216
$ 92
Hours
Fee
Task 1 - Project Management
1.1
Project Manage ent and Administrative Services
12
6
12
12
42
$ 6,168
1.2
Prepare Project Base Maps
4
4
48
60
8
60
40
224
S 30,756
1.3
Prepare 50%, 90%, and Final Plans
40
80
120
60
160
12
472
$ 55,704
1.4
Project Cost Estimates (50%, 90%, Final)
4
4
4
40
24
12
88
S 11,936
1.5
Project Specifications
4
16
6
40
16
8
92
S 13,408
1.6
Utility Coordination
2
16
4
2
4
28
S 3,644
1.7
Project Advertisement and Award
4
4
4
8
4
8
4
8
44
$ 5,976
Task Total
24
4
70
16
6
232
228
76
16
242
40
36
990
$ 127,592
Task 2 - Pavement Management Program Update
2.1
JIMS Coordination and subconsultant support
1 4
4
16
4
128
S 4,226
Task Total
4
0
0
0
4
16
0
0
4
0
0
0
28
$ 4,228
Total Labor Hours and Fee
28
4
70
16
10
248
228
76
20
242
1 40
36
1 1,018
131,820
Subconsultants
IMS Services
I S 55,955.00
Total Subconsultant Expense
I $ 55,955.00
Reimbursable Direct Non -Salary Costs
Mileage at current IRS rate
S 500.00
Reproduction Allowance
S 1,900.00
Total Reimbursable Expense
$ 2,000.00
Total Estimated Budget
1 $ 189,775.00
FEE ESTIMATE
312019
Cn
Citv Council Transportation & Infrastructure Committee
TRANSPORTATION & INFRASTRUCTURE COMMITTEE
Meeting Minutes
November 5, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall
Councilmembers: Zak Idan, Chair; Kate Kruller, Thomas McLeod
Staff: Henry Hash, Hari Ponnekanti, Bryan Still, Vicky Carlsen, Han Kirkland, Gail
Labanara, Scott Bates, Tim Kirkland, David DeGroot, Scott Mitchell, Laurel
Humphrey
CALL TO ORDER: Committee Chair Idan called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. DesiEn Contract: 2020 Overlav and Repair Program
Staff is seeking Council approval of a design contract with KPG, Inc. in the amount of
$189,775.00 for the 2020 Overlay and Repair Program. The scope of work includes nine
preliminary locations from which final projects will be selected. The 2020 design also includes
a comprehensive pavement management survey that can be integrated into the City's asset
management system. Committee members asked clarifying questions and discussed the
importance of having different companies perform work for the City. UNANIMOUS APPROVAL.
FORWARD TO NOVEMBER 18, 2019 REGULAR CONSENT AGENDA.
B. Purchase of SLR 8000 VHF Base Radio
Staff is seeking Committee approval to purchase an SLR 8000 VHF (136-174MHz) Base Radio
and Battery Back-up System in the amount of $9,389.48. The existing base radio has reached
the end of its serviceable life and was not reliable during the February 2019 snowstorms.
UNANIMOUS APPROVAL.
C. Public Works Street Division Report
Staff provided an overview of the Public Works Street Division, including staffing, unit
descriptions, budget, and programs. New initiatives including Tukwila Works, Neighborhood
Traffic Calming, and locking mailboxes along with support to other departments have
significantly impacted the street division's workload. As a result, maintenance in areas such as
crack sealing, sidewalk trip hazards, TIB cleaning emphasis and more are being deferred. The
Finance Department is working on a 10-year sustainability model, and in addition the 2021-
2022 budget process will consider programs, processes and revenues across departments.
Chair Idan asked that staff work to identify an appropriate date for a full Council presentation.
DISCUSSION ONLY.
The Transportation & Infrastructure Committee Meeting adjourned at 6:30 p.m.
Committee Chair Approval
Minutes by LH, Reviewed by GL
61
62
COUNCIL AGENDA SYNOPSIS
nitials
Aleetiizg Date
Prepared by
AI yor' ruiew
Council nwiew
11/18/19
SH
ITEM INFORMATION
ITEM NO.
4.F.
STAFFSPONSOR: STACY HANSEN
OlilclN,\I. AGrNnA D.\'I'L: 11/18/19
AGENDA I'n_ \,m TrrLI: 2019 King County Minor Home Repair Contract
CATEGORY ❑ Discussion
Rltg Dale
® Motion
A1tg Date 11/18/19
❑ Resolution
lltg Date
❑ Ordinance
Mtg Dale
❑ l3idAward
Alta Date
❑ Public•Hearing
bltg Date
❑ Other
2111g Dale
SPONSOR [:]Council ®Mayor ❑HR ❑DCD ❑_Finance ❑Fire ❑TS ❑P&R ❑Police ❑PIh ❑Court
SPONSOR'S The Tukwila Minor Home Repair contract with King County represents a four -city
SunI'�IARY consortium and requires Council's authorization for the Mayor's signature. This contract
allocates $110,000 (minus $3000 for King County admin fee), to be divided evenly between
Tukwila, Covington, Des Moines and SeaTac to provide health and safety repairs in
low/moderate income, owner -occupied homes.
RI�:�'II:WIiD BY ❑ C.O.W. Nitg. ® CDN Comm ❑ finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/13/19 COMMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONsoit/ADtinN. ADMINISTRATIVE SERVICES/HUMAN SERVICES
CONIN111-IT"'. Approval; Forward to Consent agenda
COST IMPACT / FUND SOURCE
EXPLNDITURI? RI,;(QUIRFID AMOUNT BUDGETED APPROPRIATION REQUIRED
$110,000 $110,000 $0
Fund Source: COMMUNITY DEVELOPMENT BLOCK GRANT
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
11/18/19
Infomational Memo dated 10/31/19
2019 contract with King County
Minutes from the Community Development and Neighborhoods meeting of 11/13/19
distributed separately)
63
•A
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development and Neighborhoods
FROM: Stacy Hansen, Human Services Program Coordinator
CC: Mayor Ekberg
DATE: October 31, 2019
SUBJECT: 2019 King County Minor Home Repair Contract
ISSUE
Council's authorization is necessary for the City to enter into a contract with King County to
utilize Community Development Block Grant (CDBG) funds for the Minor Home Repair
Program. This contract for $110,000 (minus $3000 for the King County admin fee) will be
dispersed between Tukwila (lead contract administrator), Covington, Des Moines and SeaTac.
Each City will receive $26,750 to provide health and safety repairs in low- to moderate -income,
owner -occupied homes.
BACKGROUND
Since 2005, Tukwila has been the lead administrator for the Minor Home Repair Program. The
attached contract represents 2019 awarded funds in the amount of $110,000. The contract will
begin early January and will conclude mid -November of 2020 (CDBG funds lag one year).
In 2019 (with 2018 funds), this program served 43 unduplicated residents and provided 500+
hours of repairs for all four partner cities. 12 unduplicated Tukwila households were served in
2019 representing 108 hours of repairs for a total of 20 individual repairs.
DISCUSSION
This contract award is the result of an extensive application process that competes with other
applicants (cities, non -profits) for funds dedicated to the south sub -region. The Tukwila Human
Services Program Coordinator applies for and administers the Minor Home Repair Program and
provides on -going technical assistance to the partner cities to ensure contract compliance.
RECOMMENDATION
Staff is asking Council to forward this item to the November 18, 2019 Regular Council meeting
for the consent agenda.
ATTACHMENTS
2019 Contract with King County for Community Development Block Grant funds
65
Contractor
Project Title
Contract Amount
LIQ
King County
Citv of Tukwila
Department of Community and Human Services
Housing and Community Development Section
TTY Relay: 711
Tukwila Minor Home Repair Program
$107,000
Contract Start Date: 12/01 /2019
Contract End Date 11/30/2020
Termination Date (where applicable): 11/30/2020
DUNS No. (if applicable)
Federal Taxpayer ID No.
010207504
916001519
SAM No. (if applicable)
47Z60
KING COUNTY HOUSING AND COMMUNITY DEVELOPMENT CONTRACT— 2019
THIS CONTRACT No.6120139 is entered into by KING COUNTY, a political subdivision of the State
of Washington (the "County"), and City of Tukwila, (the "Contractor"), whose address is 6200
Southcenter Blvd, Tukwila, WA 98188. This Contractor is a Public Housing Authority. Use of the term
"Contractor" in this Contract is for ease of reference only and in no respect signifies that the party is a
"Contractor" as described in 24 CFR §92.504(c)(4).
WHEREAS, the County is an Urban County recipient of Community Development Block Grant
Program (CDBG) funds under the Housing and Community Development Act of 1974, Public Law 93-
383 as amended (HCD Act); HOME Investment Partnerships Program (HOME) funds under the
National Affordable Housing Act of 1990 Public Law 101-625 as amended (the "NAHA"). The County
allocates Regional Affordable Housing Program (RAHP) funds, Homeless Housing and Services
Funds (HHSF), , Veterans, Seniors and Human Service Levy (VSHSL) funds and Mental Illness and
Drug Dependency (MIDD) funds to low-income housing development capital, infrastructure
investment, energy efficiency and science, assistance to the unemployed and/or service projects and
Current Expense (CX) funds to housing and community development projects in accordance with
adopted County ordinances. The County uses CDBG, HOME, HHSF, RAHP, VSHSL funds and/or CX
funds for the purpose of carrying out eligible community development and housing activities under the
HCD Act, the NAHA, regulations promulgated by the U.S. Department of Housing and Urban
Development (HUD) at 24 Code of Federal Regulations (CFR) Part 570, 24 CFR Part 92, 24 CFR
Part 576, and adopted County Ordinances. (All 24 CFR references can be found at
https://www.archives.gov/federal-register/cfr/subject-title-24.htm1. All King County code references can
be found at http://www.kingcounty.gov/council/legislation/kc—Code.aspx);
WHEREAS, an Urban County CDBG Consortium has been established by CDBG Interlocal
Cooperation Agreements (CDBG ICAs) or joint agreements between the County and certain municipal
corporations (Consortium Cities) within the County covering program years 2017-2019. The CDBG
ICAs specify allocation of CDBG funds by the County to those participating jurisdictions for use in
accordance with the County Consolidated Housing and Community Development Plan (HCD Plan).
The HCD Plan has been adopted by the King County Council, accepted by participating jurisdictions
and approved by HUD;
WHEREAS, a HOME Consortium has been established by HOME ICAs between the County and
certain HOME Consortium Cities covering 2017-2019, the terms of which specify allocation of HOME
This form is available in alternate formats upon request for persons
with disabilities.
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funds by the County for use in accordance with the HCD Plan which has been adopted by the King
County Council, accepted by participating jurisdictions, and approved by HUD;
WHEREAS, the County desires to award certain funds to the Contractor for use as described in this
Contract and as authorized by County ordinance, for the purpose of implementing eligible activities as
applicable under the HCD Act, NAHA, HUD regulations, State laws, and/or adopted County
ordinances;
WHEREAS, it is appropriate and mutually desirable that the Contractor be designated by the County
to undertake such eligible activities, so long as the requirements of the HCD Act, NAHA, HUD
Regulations, State law, and County ordinances are adhered to as provided for herein;
WHEREAS, the purpose of this Contract is to provide for cooperation between the County and the
Contractor, as the parties in this Contract, in implementing such eligible activities under the laws and
regulations that pertain to the funds awarded in this Contract;
WHEREAS, the parties are authorized and empowered to enter into this Contract by one or more of
the following: County ordinance, HCD Act, NAHA, Revised Code of Washington (RCW) Chapter
39.34, RCW Chapter 35.21.730 et seq., the Constitution and the enabling laws of the State of
Washington;
NOW, THEREFORE, for and in consideration of payments, covenants, and agreements hereinafter
mentioned, to be made and performed by the parties hereto, the parties mutually covenant and agree
to abide by the provisions of this Contract.
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INDEX TO CONTRACT
I.
Scope of Contract and Incorporation
of Exhibits
II.
Duration of Contract
III.
Term of Compliance for Capital
Projects
IV.
Future Support
V.
Compensation and Method of
Payment
VI.
Budget
VII.
Equipment Purchase, Maintenance
and Ownership
VIII.
Contract Amendments
IX.
Internal Control, Accounting Systems
and Audits
X.
Maintenance of Records
XI.
Evaluations and Inspections
XII.
Proprietary Rights
XIII.
Corrective Action
XIV.
Assignment
XV.
Termination
XVI.
Entire Contract/Waiver of Default
XVII.
Hold Harmless and Indemnification
XVIII.
Insurance Requirements - General
XIX.
Nondiscrimination and Equal
Employment Opportunity
XX.
Subcontracts and Purchases
XXI.
Nondiscrimination in subcontracting
Practices
XXII.
Conflict of Interest
XXIII.
Board of Directors
XXIV.
Confidentiality
XXV. Personal Information — Notice of Security
Breach
XXVI. Compliance with the Health Insurance
Portability and Accountability Act of 1996
(HIPPA)
XXVII. Notices
XXVIII. King County Recycled Product
Procurement Policy
XXIX. Services Provided in Accordance with
Law and Rule and Regulation
XXX. Political Activity Prohibited
XXXI. Miscellaneous Provisions
XXXII. Affirmative Marketing
XXXIII. Accessibility for Capital Projects
XXXIV. Labor Standards
XXXV. Employment Opportunities on Assisted
Construction Projects
XXXVI. No Benefit to Owners and Developers of
Assisted Housing
XXXVII. Supplanting
XXXVIII. Drug Free Workplace Certification and
Other Federal Requirements
XXXIX. Constitutional Prohibition
XL. Promissory Note, Deed of Trust and
Covenant
XLI. Anti -Displacement and Relocation
Assistance
XLII. Property Management for Capital
Projects
XLIII. Taxes and Licenses
XLIV. Procedure in the Event of
Casualty/Condemnation for Capital
Projects
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EXHIBITS ATTACHED HERETO
Exhibit Name
Amount
Fund Source
I.
Certificates of Insurance/Endorsements
II.
Tukwila Consortium Minor Home Repair
Program
$107,000
CDBG
SCOPE OF CONTRACT AND INCORPORATION OF EXHIBITS
A. Scope
The Contract between the parties shall consist of the signature page, each
Program/Project Exhibit incorporated into the Contract, all matters and laws
incorporated by reference herein, and any written amendments made in accordance
with the provisions contained herein. The exhibits attached to this Contract as Exhibits
I through II are hereby incorporated by this reference. This Contract supersedes any
and all former agreements regarding projects described in the attached
Project/Program Exhibit(s). If there is a conflict between any of the language contained
in this Contract and any of the language contained in any Project/Program Exhibit in
this Contract, the language in this Contract shall control, unless the parties affirmatively
agree to the contrary in a writing that has been reviewed and approved by the King
County Prosecuting Attorney's Office. This Contract shall govern both:
1. Service Projects (human service, planning, program administration and micro -
enterprise or supportive services for the homeless); and
2. Capital Projects (acquisition, improvement, and rehabilitation of real property and
construction or reconstruction of public infrastructure).
The two types of activities may be included in one Contract as separate
Project/Program Exhibit(s) of Services.
B. Mandatory Certifications
The Contractor certifies that it shall comply with the provisions of Sections XIX.
Nondiscrimination and Equal Employment Opportunity, XXII. Conflict of Interest and
XXX. Political Activity Prohibited of this Contract. If the Contractor is a municipal
corporation (other than King County), or Contractor of the State of Washington, King
County Code (KCC) chapters 12.16, 12.17 and 12.18 do not apply to the Contractor,
but may apply to any subcontractor of the Contractor.
C. Contact Person
King County and the Contractor shall each designate a contact person for each
Project/Program Exhibit incorporated in this Contract. All correspondence, reports and
invoices shall be directed to the designated contact person. This provision does not,
however, supplant or override Section XXVII. Notices.
D. Federal Funds
The term "federal funds" as used herein means CDBG funds and/or HOME funds. The
specific types of funds provided under this Contract are specified in the attached
Project/Program Exhibit(s).
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E. Environmental Review
This section applies to all projects using federal funds that are not exempt under 24
CFR Part 58. Notwithstanding any provision of this contract, the parties hereto agree
and acknowledge that this contract does not constitute a commitment of funds or site
approval, and that such commitment of funds or approval may occur only upon
satisfactory completion of environmental review and receipt of a release of funds from
HUD under 24 CFR Part 58. The parties further agree that the provision of any funds to
the project is conditioned upon King County's determination to proceed with, modify or
cancel the project based on the results of a subsequent environmental review. The
Contractor shall not spend any funds on physical or choice -limiting actions, including
property acquisition, demolition, movement, rehabilitation, conversion, repair or
construction prior to the environmental clearance. Violation of this provision shall result
in the denial of any funds under this Contract.
Capital Projects using federal funds shall also comply with subsections F, G, H and I.
F. Environmental Policy Act
The County retains environmental review responsibility for purposes of fulfilling
requirements of the National Environmental Policy Act as implemented by HUD
Environmental Review Procedures (24 CFR Part 58) and the Federal laws and
authorities identified therein. The Contractor shall be solely responsible for the cost of
compliance with all such Federal laws and authorities including the cost of preparing
plans, studies, reports and the publication of notices that may be required. The
Contractor and its subcontractors shall not take any actions inconsistent with 24 CFR
Part 58.
G. National Flood Insurance
The use of CDBG and HOME funds for acquisition or construction purposes in
identified special flood hazard areas shall be subject to Contractor mandatory purchase
of flood insurance as required by Section 102(a) of the Flood Disaster Protection Act of
1973 (Pub L. 93-237).
H. Lead Based Paint
The Contractor shall comply with the Lead -Based Paint Poisoning Prevention Act (42
United States Code (USC) 4821-4846), the Residential Lead -Based Paint Hazard
Reduction Act of 1992 (42 USC 4851-4856), and implementing regulations at 24 CFR
Part 35, subparts A, B, J, K, and R. Generally, these laws prohibit the use of lead -
based paint (whenever funds under this Contract are used directly or indirectly for
construction, rehabilitation or modernization of residential structures); require
elimination of immediate lead -based paint hazards in residential structures; and require
notification of the hazards of lead -based paint poisoning to purchasers and tenants of
residential structures constructed prior to 1978.
Environmental Justice
The Contractor shall comply with Presidential Executive Order 12898 requiring
identification and mitigation, as appropriate, of disproportionately high and adverse
human health or environmental impacts of programs, policies and activities on minority
and/or low-income populations.
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Subrecipient Monitoring
First -tier subrecipients shall register in the Central Contractor Registration (CCR),
including obtaining a Dun and Bradstreet Data Universal Numbering System
(DUNS) number and maintain the currency of that information. A pass through
entity shall be responsible for determining that subrecipients have current CCR
registrations prior to making subawards and performing periodic checks to ensure
that the subrecipients are updating information as necessary.
2. Recipients shall require each subrecipient to;
a. Document at the time of the subaward and disbursement of funds, the Federal
award number, Catalog of Federal Domestic Assistance (CFDA) number; and
b. Provide similar identification in their Schedule of Expenditures of Federal
Awards (SEFA) and Form SF -SAC. Additional information, including
presentation requirements for the SEFA and SF -SAC, is provided in Appendix
VII of the 2009 Supplement (2 CFR Section 176.210).
II. DURATION OF CONTRACT
The terms of this Contract shall be in effect from the Start Date (as defined in the
Project/Program Exhibit(s)) or the date of execution of this Contract, whichever is earlier,
and shall terminate on the Termination Date specified in each Project/Program Exhibit,
unless extended to a later date or terminated earlier, pursuant to the terms and conditions
of the Contract.
III. TERM OF COMPLIANCE FOR CAPITAL PROJECTS
The Contractor shall own and operate the project during the Compliance Period as defined
in the Program/Project Exhibit.
IV. FUTURE SUPPORT
The County makes no commitment to support the services contracted for herein and
assumes no obligation for future support of the activity contracted herein except as
expressly set forth in this Contract.
V. COMPENSATION AND METHOD OF PAYMENT
The County shall reimburse the Contractor only for the approved activities specified in each
Project/Program Exhibit and the reimbursement amount shall not exceed the amount
specified in each Project/Program Exhibit. Reimbursements will be payable in the following
manner.
A. Start Date and End Date
Start Dates and End Dates for individual projects shall be specified in each
Project/Program Exhibit. Costs incurred before the Start Date will not be reimbursed.
Costs incurred after the End Date will not be reimbursed.
B. Submission of Invoices, Supporting Documentation and Reports
The Contractor shall submit an invoice, supporting documentation for costs claimed in
the invoice and all reports as specified in each Project/Program Exhibit or the County
may not process the invoice. Supporting documentation for costs claimed in the invoice
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includes, but is not limited to, purchase orders and bills. The County shall initiate
authorization for payment to the Contractor not more than 30 days following the
County's approval of a complete and correct invoice, supporting documentation and
reports.
C. Final Invoice for Service Projects
The Contractor shall submit its final invoice for each Project/Program Exhibit providing
funding for Service Projects within seven business days after the End Date. The
Contractor shall submit all outstanding reports for each Project/Program Exhibit
providing funding for Service Projects within 30 business days after the End Date.
If the Contractor's final invoices, supporting documentation, and reports are not
submitted by the last date specified in this subsection, the County shall be relieved of
all liability for payment to the Contractor of the amounts set forth in said invoice or any
subsequent invoice; provided, however, the County may elect to pay any invoice that is
not submitted in a timely manner.
D. Final Invoice for Capital Projects
Unless provided otherwise in the Project/Program Exhibit(s), the Contractor shall
submit its final invoice, supporting documentation, and all outstanding reports for each
Project/Program Exhibit providing funding for Capital Projects before the End Date
specified in the Project/Program Exhibit(s).
If the Contractor's final invoices, supporting documentation, and reports are not
submitted by the date specified in this subsection, the County shall be relieved of all
liability for payment to the Contractor of the amounts set forth in said invoice or any
subsequent invoice; provided, however, the County may elect to pay any invoice that is
not submitted in a timely manner.
E. Unspent County Funds
1. After the End Date specified in each Project/Program Exhibit, for individual projects
covered by this Contract, the County shall recapture any unexpended funds
encumbered under this Contract.
2. During the term of the Contract, the County may, upon agreement with the
Contractor, recapture any unexpended funds for reallocation to other
Project/Program activities.
Projects using federal funds shall also comply with the following subsections F, G,
H and I.
F. Municipal Corporations or State Public Agencies
If the Contractor is a municipal corporation or an agency of the State of Washington,
costs for which the Contractor requests reimbursement shall comply with the policies,
guidelines, and requirements of 2 CFR Part 225, "Cost Principles For State, Local and
Indian Tribal Governments" and the sections of 24 CFR Part 85 "Administrative
Requirements for Grants and Cooperative Agreements to State, Local and Federally
Recognized Indian Tribal Governments" identified at OMB Circular A -102 and 24 CFR
§ 570.502(a) Applicability of Uniform Administrative Requirements, unless otherwise
provided in the Project/Program Exhibit(s).
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G. Not -for -profit Corporations
If the Contractor is a not -for -profit corporation, costs for which the Contractor requests
reimbursement shall comply with, unless otherwise provided in the Project/Program
Exhibit(s), the policies, guidelines and requirements of 2 CFR Part 230, "Cost
Principles for Non -Profit Organizations," and the sections of 24 CFR Part 84, Uniform
Administrative Requirements for Grants and Agreements with Institutions of Higher
Education, Hospitals, and Other Non -Profit Organizations, identified at 2 CFR Part 215
and 24 CFR § 570.502 (b), Applicability of Uniform Administrative Requirements.
H. Excess Federal Funds
CDBG and/or HOME funds on hand shall not exceed $5,000 if retained beyond three
days unless written approval is received from the County. Any reimbursement in
excess of the amount required shall be promptly returned to the County.
Program Income
The Contractor shall report all CDBG and HOME Program Income, as defined in 24
CFR §§ 92.2, 92.503 and 570.504(c) and in the ICAs, generated under this Contract
for the purposes specified herein or generated through the project(s) funded under this
Contract. Program Income is to be reported to the County. Program income shall be
returned to the County unless the County specifies that it may be retained by the
Contractor. If the County authorizes the Contractor to retain the Program Income to
continue or benefit a project(s), the Contractor shall comply with all provisions of this
Contract in expending the funds. This duty to repay the County shall not be diminished
or extinguished by the prior termination of the Contract pursuant to Section 11. Duration
of Contract or Section XV. Termination.
VI. BUDGET
The Contractor shall apply the funds received from the County under this Contract in
accordance with each Project/Program Exhibit including a line item budget, if applicable, set
forth in each Project/Program Exhibit. The Contractor shall request in writing prior approval
from the County to revise the line item budget when the cumulative amount of transfers
from a line item in any Project/Program Exhibit is expected to exceed ten percent of that
line item. Supporting documents are necessary to fully explain the nature and purpose of
the revision, and must accompany each request. All budget revision requests in excess of
ten percent of a line item amount shall be reviewed and approved or denied by the County
in writing.
VII. EQUIPMENT PURCHASE, MAINTENANCE, AND OWNERSHIP
A. Equipment Purchase
The Contractor agrees that equipment purchased with Contract funds at a cost of
5 000 per item or more and identified in an exhibit as reimbursable, is upon its
purchase or receipt, the property of the Contractor, County, and/or federal, and/or state
government, as specified in the exhibit.
B. Maintenance of Equipment
The Contractor shall be responsible for all such equipment, including the proper care
and maintenance.
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C. Equipment Returned
The Contractor shall ensure that all such equipment shall be returned to the
appropriate government agency, whether federal, state or county, upon written request
of the County.
D. Right of Access
The Contractor shall admit the County's Property Management Officer to the
Contractor's premises for the purpose of marking such property with appropriate
government property tags.
E. Maintenance of Records
The Contractor shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment
purchased with Contract identified funds.
F. Disposition of Equipment
Projects using federal funds shall also comply with the following requirement. If the
Contractor ceases to use equipment purchased in whole or in part with CDBG funds for
the purpose described in this Contract, or if the Contractor wishes to dispose of such
equipment, the disposition shall be determined under the provisions of 24 CFR
§ 570.502(b)(3)(vi), if the Contractor is a nonprofit corporation and 24 CFR §
570.502(a) and 24 CFR § 85.32(e) if the Contractor is a municipal corporation or an
agency of the state of Washington. The Contractor agrees that it will contact the
County for instructions prior to disposing of, surplusing of, encumbering or transferring
ownership, of any equipment purchased in whole or in part with federal funds.
Vill. CONTRACT AMENDMENTS
Either party may request changes or an extension to this Contract. Proposed amendments,
which are mutually agreed upon, shall be incorporated by written amendments to this
Contract. Budget revisions approved by the County pursuant to Section VI. Budget are not
required to be incorporated by written amendment.
IX. INTERNAL CONTROL, ACCOUNTING SYSTEM AND AUDITS
Internal Control and Accounting
The Contractor shall establish and maintain a system of accounting and internal controls
that comply with applicable, generally accepted accounting principles and financial and
governmental reporting standards as prescribed by the appropriate accounting standards
board.
Audits
A. If the Contractor is a non-profit organization as defined in 2 CFR Part 200, and
expends a total of $750,000 or more in federal financial assistance and has received
federal financial assistance from the County during its fiscal year, then the Contractor
shall meet the audit requirements as described in 2 CFR Part 200 Subpart F.
B. A Contractor, for -profit or non-profit that is not subject to the requirements in SECTION
IX. A. and receives in excess of $100,000 in funds during its fiscal year from the
County, shall provide fiscal year audited financial statements prepared by an
independent Certified Public Accountant or Accounting Firm within nine months
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subsequent to the close of the Contractor's fiscal year (if applicable, see SECTION IX.
E.).
C. Non-profit contractors who receive less than $100,000 from the County during their
fiscal year shall provide 1) form 990 within 30 days of its being filed; and 2) a full set of
annual financial statements.
D. For -profit contractors who receive less than $100,000 from the County during their
fiscal year shall provide 1) income tax return within 30 days of its being filed; and 2) a
full set of annual financial statements.
E. A Contractor that is not subject to the requirements in SECTION IX. A. may, in
extraordinary circumstances, request a waiver of audit requirements and, with the
review and upon approval of the County, substitute for the above requirements other
forms of financial reporting or fiscal representation certified by the Contractor's Board
of Directors, provided the Contractor meets the following criteria:
That financial reporting and any associated management letter show no
reportable conditions or internal control issues; and
2. There has been no turnover in key staff since the beginning of the period for
which the financial reporting was completed.
A. Municipal Corporations
If the Contractor is a municipal corporation in the state of Washington, it shall submit to
the County a copy of its annual report of examination/audit, conducted by the
Washington State Auditor, within 30 days of receipt, which submittal shall constitute
compliance with Section IX. Internal Control, Accounting Systems and Audits.
B. Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance (CFDA) number for the CDBG Program is
14.218. The CFDA number for the HOME program is 14.239. Additional federal and/or
state audit or review requirements may be imposed on the County, and if the
Contractor has CDBG, or HOME funds in the Contract, it shall be required to comply
with these requirements.
X. MAINTENANCE OF RECORDS
A. Scope of Records
The Contractor shall maintain accounts and records, including personnel, property,
financial, and programmatic records and other such records specified in each
Project/Program Exhibit or otherwise deemed necessary by the County to ensure
proper accounting for all Contract funds and compliance with this Contract.
B. Time for Retention of Records
Records required to be maintained in subsection A. above shall be maintained for a
period of six years after the termination date, unless a different period for records
retention is specified in the Project/Program Exhibit.
C. Location of Records/Notice to County
The Contractor shall inform the County in writing of the location, if different from the
Contractor address listed on page one of this Contract, of the aforesaid books, records,
documents and other evidence within ten working days of any such relocation.
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Projects using federal funds shall also comply with subsections D, E, F, G, H, I, J, K, L,
and M.
D. Federal Exceptions to Retention Requirements
Exceptions to the six year retention period are as follows: (1) Records that are the
subject of audit findings, litigation, or claims shall be retained until such findings,
litigation or claims have been resolved; and (2) The retention period for real property
and equipment records starts from the date of the disposition, replacement or transfer
at the direction of the County.
E. Financial Management Records
Financial records shall identify adequately the source and application of funds for
activities within this Contract, in accordance with the provisions of 2 CFR Part 200.
These records shall contain information pertaining to grant awards and authorizations,
obligations, unobligated balances, assets, liabilities, outlays and income.
F. Tenant Notification and Relocation Records
If the Contractor is acquiring property with existing tenants, Contractor record keeping
for tenant notification and relocation must comply with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (The "Uniform
Relocation Act"), and regulations at 49 CFR Part 24. Indication of the overall status of
the relocation workload and a separate relocation record for each person, business,
organization and farm operation displaced or in the relocation workload must be kept.
G. Acquisition Records
If the Contractor is using funds under this Contract for property acquisition, the
Contractor must maintain a separate acquisition file for each acquisition process
documenting compliance with Uniform Relocation Act regulations at 49 CFR Part 24,
including a notice of voluntary sale.
H. Beneficiary Records
The Contractor agrees to maintain racial, ethnic, disability status, single head of
household, household income, and gender data showing the extent to which these
categories of persons have participated in, or benefited from, the activities carried out
under this Contract if required in a Project/Program Exhibit.
Labor Standards
If the Contractor is using funds under this Contract for construction work, the
Contractor shall maintain records documenting compliance by all construction
contractors with the labor standards as required under 24 CFR § 570.603 for CDBG
funds and 24 CFR § 92.354 for HOME funds.
Other Construction Records
The Contractor and all of its subcontractors shall maintain records and information
necessary to document the level of utilization of state certified small, minority, and
women -owned businesses, and other businesses as subcontractors and suppliers
under this Contract. The Contractor shall also maintain all written quotes, bids,
estimates or proposals submitted by the contractor and any and all businesses seeking
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to participate in this Contract. The Contractor shall make such documents available to
the County for inspection and copying upon request.
K. Employment Records
If the Contractor is a municipal corporation or an Agency of the State of Washington, it
agrees to maintain the following data for each of the Contractor's operating units
funded in whole or in part with CDBG funds provided under this Contract:
1. Employment data with such data maintained in the categories prescribed on the
Equal Employment Opportunity Commission's EEO-4 form; and
2. Documentation of any actions undertaken to assure equal employment
opportunities to all persons regardless of race, color, national origin, sex or
handicap.
L. Records Regarding Remedy of Past Discrimination
The Contractor shall maintain documentation of the affirmative action measures the
Contractor has taken to overcome prior discrimination if a court or HUD has found that
the Contractor has previously discriminated against persons on the grounds of race,
color, national origin or sex in administering a program or activity funded in whole or in
part with CDBG funds pursuant to 24 CFR Part 121.
M. Record -Keeping Requirements and Site Visits
The Contractor shall maintain, for at least six years after completion of all work under
this Contract, the following:
1. Records of employment, employment advertisements, application forms, and other
pertinent data and records related to the Contract for the purpose of monitoring,
audit and investigation to determine compliance with any equal opportunity
requirements set forth in any federal regulations, statutes or rules included or
referenced in the Contract documents; and
2. Records, including written quotes, bids, estimates or proposals submitted to the
Contractor by all businesses seeking to participate on this Contract, and any other
information necessary to document the actual use of and payments to
subcontractors and suppliers in this Contract, including employment records.
The County may visit, at any time, the site of the work and the Contractor's office to
review the foregoing records. The Contractor shall provide every assistance requested
by the County during such visits. In all other respects, the Contractor shall make the
foregoing records available to the County for inspection and copying upon request. If
this Contract involves federal funds, the Contractor shall comply with all record keeping
requirements set forth in any federal rules, regulations or statutes included or
referenced in the contract documents.
XI. EVALUATIONS AND INSPECTIONS
A. Right of Access to Facilities for Inspection of Records
The Contractor shall provide right of access to its facilities, including those of any
subcontractor, to the County, the state, and/or federal agencies or officials at all
reasonable times in order to monitor and evaluate the activities funded under this
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Contract. The County shall give advance notice to the Contractor in the case of fiscal
audits to be conducted by the County.
B. Time for Inspection and Retention
The records and documents with respect to all matters covered by this Contract shall
be subject at all times to inspection, review, or audit by the County and/or federal/state
officials so authorized by law during the performance of this Contract and six years
after the termination date, unless a different period is specified in the Project/Program
Exhibit or a longer retention period is required by law.
C. Agreement to Cooperate
The Contractor agrees to cooperate with the County or its agent in the evaluation of the
Contractor's performance under this Contract and to make available all information
reasonably required by any such evaluation process. The results and records of said
evaluations shall be maintained and disclosed in accordance with RCW Chapter 42.56.
XII. PROPRIETARY RIGHTS
A. The parties to this Contract hereby mutually agree that if any patentable or
copyrightable material or article should result from the work described herein, all rights
accruing from such material or article shall be the sole property of the Contractor. The
Contractor agrees to and does hereby grant to the County, irrevocable, nonexclusive,
and royalty -free license to reproduce, publish or otherwise use, and to authorize others
to use, according to law, any work material or article and use any method that may be
developed as part of the work under this Contract.
B. The foregoing products license shall not apply to existing training materials, consulting
aids, checklists, and other materials and documents of the Contractor, which are
modified for use in the performance of this Contract.
C. The foregoing provisions of this section shall not apply to existing training materials,
consulting aids, checklists, and other materials and documents of the Contractor that
are not modified for use in the performance of this Contract.
XIII. CORRECTIVE ACTION
A. Default by Contractor
If the County determines that a breach of contract has occurred because the
Contractor failed to comply with any material terms or conditions of this Contract or the
Contractor has failed to provide in any manner the work or services agreed to in any
Project/Program Exhibit attached hereto, and if the County deems said breach to
warrant corrective action, the following sequential procedure shall apply.
1. The County shall notify the Contractor in writing of the nature of the breach.
2. The Contractor shall submit a plan describing the specific steps being taken to
correct the specified deficiencies (the "corrective action plan"). The corrective
action plan shall be submitted to the County within ten business days from the
Contractor's receipt of the County's notice under this section. The corrective action
plan shall specify the proposed completion date for bringing the Contract into
compliance, which completion date shall not be more than 30 days from the date
the County receives the Contractor's corrective action plan, unless the County, in
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its sole discretion, specifies in writing an extension in the number of days to
complete the corrective actions.
3. The County shall notify the Contractor, in writing of the County's determination as
to the sufficiency of the Plan. The County shall have sole discretion in determining
the sufficiency of the Contractor's corrective action plan.
B. Termination of Contract
In the event that the Contractor does not respond within the appropriate time with a
corrective action plan, or the Contractor's corrective action plan is determined by the
County to be insufficient, the County may commence termination of this Contract in
whole or in part pursuant to Subsection XV. Termination Subsection B.
C. County Withholding of Payment
In addition, the County may withhold any payment owed the Contractor or prohibit the
Contractor from incurring additional obligations of funds until the County is satisfied
that corrective action has been taken or completed.
D. No Waiver of Other Remedies
Nothing herein shall be deemed to affect or waive any rights the parties may have
pursuant to Section XV. Termination or other remedies authorized by law.
XIV. ASSIGNMENT
The Contractor shall not assign, transfer or subcontract any portion of this Contract or
transfer or assign any claim arising pursuant to this Contract without the prior written
consent of the County. Additional terms for County consent to such assignment, transfer or
subcontract may be described in a Project/Program Exhibit and, where expressly specified
in the Project/Program Exhibit, shall supersede the requirements and limitations of this
Section XIV. Said consent must be sought in writing by the Contractor not less than 15
business days prior to the date of any proposed assignment, transfer or subcontract. The
Contractor shall deliver to the County with its request for consent, such information
regarding the proposed assignee, transferee or subcontractee, including its proposed
mission, legal status, and financial and management capabilities as is reasonably available
to the Contractor. Within 15 days after such request for consent, King County may
reasonably request additional available information on the proposed assignee,
subcontractee or transferee. If the County shall give its consent, this section shall
nevertheless continue in full force and effect. Any assignment, transfer or subcontract
without prior County consent shall be void.
XV. TERMINATION
A. Termination for Convenience
1. This Contract may be terminated by the County without cause, in whole or in part,
prior to the termination date specified in the Project/Program Exhibit, by providing
the Contractor 30 days advance written notice of the termination.
2. In addition to the foregoing, if expected or actual funding is withdrawn, reduced, or
limited in any way prior to the termination date set forth in the Project/Program
Exhibit, the County may, upon written notification to the Contractor, terminate this
Contract in whole or in part.
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3. If the Contract is terminated as provided above:
a. The County shall be liable only for payment in accordance with the terms of this
Contract for services rendered prior to the effective date of termination; and
b. The Contractor shall be released from any obligation to provide such further
services pursuant to the Contract as are affected by the termination.
B. Termination for Cause
1. The County may terminate this Contract, in whole or in part, upon seven days
advance written notice to the Contractor in the event:
a. The Contractor materially breaches any duty, obligation, or service required
pursuant to this Contract and such breach has not been cured by a corrective
action plan acceptable to the County; or
b. The duties, obligations, or services required herein become impossible, illegal
or not feasible.
2. If the County terminates the Contract pursuant to this Section XV. Termination,
Subsection B. the Contractor shall be liable for damages, including any additional
costs of procurement of similar services from another source.
3. If the termination results from acts or omissions of the Contractor, including but not
limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, the Contractor shall return to the County immediately any funds,
misappropriated or unexpended, which have been paid to the Contractor by the
County.
4. If County or other expected or actual funding is withdrawn, reduced, or limited in
any way prior to the termination date set forth above in Section II. Duration of
Contract, the County may, upon written notification to the Contractor, terminate this
Contract in whole or in part.
5. If the Contract is terminated as provided in this Subsection:
a. The County shall be liable only for payment in accordance with the terms of this
Contract for services rendered and authorized purchase made prior to the
effective date of termination; and
b. The Contractor shall be released from any obligation to provide such further
services pursuant to the Contract as are affected by the termination.
6. Funding or obligation under this Contract is conditional upon appropriation by the
County Council of sufficient funds to support the activities described in the
Contract. Should such appropriation not be approved, this Contract shall terminate
at the close of the current appropriation.
C. Waiver
Nothing herein shall limit, waive, or extinguish any right or remedy provided by this
Contract at law or in equity that either party may have in the event that the obligations,
terms and conditions set forth in this Contract are breached by the other party.
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XVI. ENTIRE CONTRACT/WAIVER OF DEFAULT
The parties agree that this Contract is the complete expression of the terms hereto and any
oral or written representations or understandings not incorporated herein are excluded.
Both parties recognize that time is of the essence in the performance of the provisions of
this Contract. Waiver of any default shall not be deemed to be a waiver of any subsequent
default. Waiver or breach of any provision of the Contract shall not be deemed to be a
waiver of any other or subsequent breach and shall not be construed to be a modification of
the terms of the Contract unless stated to be such through written approval by the County,
which shall be attached to the original Contract.
XVII. HOLD HARMLESS AND INDEMNIFICATION
A. In providing services under this Contract, the Contractor is an independent Contractor,
and neither it nor its officers, agents, or employees are employees of the County for
any purpose. The Contractor shall be responsible for all federal and/or state tax,
industrial insurance, and Social Security liability that may result from the performance
of and compensation for these services and shall make no claim of career service or
civil service rights which may accrue to a County employee under state or local law.
The County assumes no responsibility for the payment of any compensation, wages,
benefits, or taxes, by, or on behalf of the Contractor, its employees, and/or others by
reason of this Contract. The Contractor shall protect, indemnify, defend and save
harmless the County, its officers, agents, and employees from and against any and all
claims, costs, and/or losses whatsoever occurring or resulting from (1) the Contractor's
failure to pay any such compensation, wages, benefits, or taxes, and/or (2) the
supplying to the Contractor of work, services, materials, or supplies by Contractor
employees or other suppliers in connection with or support of the performance of this
Contract.
B. The Contractor further agrees that it is financially responsible for and will repay the
County all indicated amounts following an audit exception which occurs due to the
negligence, intentional act, and/or failure, for any reason, to comply with the terms of
this Contract by the Contractor, its officers, employees, agents, and/or representatives.
This duty to repay the County shall not be diminished or extinguished by the prior
termination of the Contract pursuant to the Term and Termination section.
C. To the maximum extent permitted by law, the Contractor shall protect, defend,
indemnify, and save harmless the County, its officers, employees, and agents from any
and all costs, claims, judgments, and/or awards of damages, arising out of, or in any
way resulting from, the negligent acts or omissions of the Contractor, its officers,
employees, subcontractors and/or agents, in its performance and/or non-performance
of its obligations under this Contract. The Contractor agrees that its obligations under
this subparagraph extend to any claim, demand, and/or cause of action brought by, or
on behalf of, any of its employees or agents. For this purpose, the Contractor, by
mutual negotiation, hereby waives, as respects the County only, any immunity that
would otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW. In the event the County incurs any judgment, award,
and/or cost arising therefrom including reasonable attorneys' fees to enforce the
provisions of this article, all such fees, expenses, and costs shall be recoverable from
the Contractor.
D. To the maximum extent permitted by law, the County shall protect, defend, indemnify,
and save harmless the Contractor, its officers, employees, and agents from any and all
costs, claims, judgments, and/or awards of damages, arising out of, or in any way
resulting from, the negligent acts or omissions of the County, its officers, employees,
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and/or agents, in its performance and/or non-performance of its obligations under this
Contract. The County agrees that its obligations under this subparagraph extend to any
claim, demand, and/or cause of action brought by, or on behalf of, any of its employees
or agents. For this purpose, the County, by mutual negotiation, hereby waives, as
respects the Contractor only, any immunity that would otherwise be available against
such claims under the Industrial Insurance provisions of Title 51 RCW. In the event the
Contractor incurs any judgment, award, and/or cost arising therefrom including
reasonable attorneys' fees to enforce the provisions of this article, all such fees,
expenses, and costs shall be recoverable from the County.
E. Claims shall include, but not be limited to, assertions that use or transfer of software,
book, document, report, film, tape, or sound reproduction or material of any kind,
delivered hereunder, constitutes an infringement of any copyright, patent, trademark,
trade name, and/or otherwise results in unfair trade practice.
F. Nothing contained within this provision shall affect and/or alter the application of any
other provision contained within this Contract.
G. The indemnification, protection, defense and save harmless obligations contained
herein shall survive the expiration, abandonment or termination of this Agreement.
XVIII. INSURANCE REQUIREMENTS —GENERAL
A. Insurance Required
By the date of execution of this Contract, the Contractor shall procure and maintain for
the duration of this Contract, insurance against claims for injuries to persons or
damages to property which may arise from, or in connection with, the performance of
work hereunder by the Contractor, its agents, representatives, employees and/or
contractor/subcontractors. The Contractor or contractor/subcontractor shall pay the
costs of such insurance. The Contractor shall furnish separate certificates of insurance
and policy endorsements from each contractor/subcontractor as evidence of
compliance with the insurance requirements of this Contract.
The Contractor is responsible for ensuring compliance with all of the insurance
requirements stated herein. Failure by the Contractor, its agents, employees, officers,
contractor/subcontractors, providers and/or provider subcontractors to comply with the
insurance requirements stated herein shall constitute a material breach of this
Contract.
Each insurance policy shall be written on an "occurrence" form; except that insurance
on a "claims made" form may be acceptable with prior County approval. If coverage is
approved and purchased on a "claims made" basis, the Contractor warrants
continuation of coverage, either through policy renewals or the purchase of an
extended discovery period, if such extended coverage is available, for not less than
three years from the date of Contract termination, and/or conversion from a "claims
made" form to an "occurrence" coverage form.
Nothing contained within these insurance requirements shall be deemed to limit the
scope, application and/or limits of the coverage afforded by said policies, which
coverage will apply to each insured to the full extent provided by the terms and
conditions of the policy(s). Nothing contained in this provision shall affect and/or alter
the application of any other provision contained within this Contract.
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B. Risk Assessment by Contractor
By requiring such minimum insurance, the County shall not be deemed or construed to
have assessed the risks that may be applicable to the Contractor under this Contract,
nor shall such minimum limits be construed to limit the limits available under any
insurance coverage obtained by the Contractor. The Contractor shall assess its own
risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader
coverage.
C. Minimum Scope of Insurance. Coverage shall be at least as broad as the following:
1. General Liability
Insurance Services Office form number (CG 00 01) covering COMMERCIAL
GENERAL LIABILITY.
2. Professional Liability, Errors and Omissions Coverage
In the event that services delivered pursuant to this Contract either directly or
indirectly involve or require professional services, Professional Liability, Errors and
Omissions coverage shall be provided. "Professional Services", for the purpose of
this Contract section, shall mean any services provided by a licensed professional
or those services that require a professional standard of care.
3. Automobile Liability
Insurance Services Office form number (CA 00 01) covering BUSINESS AUTO
COVERAGE, symbol 1 "any auto"; or the appropriate coverage provided by
symbols 2, 7, 8, or 9.
4. Workers' Compensation
Workers' Compensation coverage, as required by the Industrial Insurance Act of
the State of Washington, as well as any similar coverage required for this work by
applicable federal or "Other States" state law.
5. Stop Gap/Employers Liability
Coverage shall be at least as broad as the protection provided by the Workers'
Compensation policy Part 2 (Employers Liability) or, in states with monopolistic
state funds, the protection provided by the "Stop Gap" endorsement to the general
liability policy.
6. Property Insurance
Insurance Services Office form number (CP 00 10) covering BUILDING AND
PERSONAL PROPERTY COVERAGE and Insurance Services Office form number
(CP 10 30) CAUSES OF LOSS — SPECIAL FORM or project appropriate
equivalent.
7. National Flood Insurance
The use of CDBG and HOME funds for acquisition or construction purposes in
identified special flood hazard areas shall be subject to Contractor mandatory
purchase of flood insurance as required by Section 102(a) of the Flood Disaster
Protection Act of 1973 (Pub L. 93-237).
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8. Builder's Risk/Installation Floater
The Contractor shall procure and maintain during the life of the Contract, or until
acceptance of the project by King County, whichever is longer, "All Risk" Builders
Risk Insurance at least as broad as ISO form number CP0020 (Builders Risk
Coverage Form) with ISO form number CP0030 (Causes of Loss —Special Form)
including coverage for collapse, theft and property in transit. The coverage shall
insure for direct physical loss to property of the entire construction project, for one
hundred percent of the replacement value thereof. The policy shall be endorsed to
cover the interests, as they may appear, of King County, Owner, Contractor and
subcontractors of all tiers with King County listed as a loss payee.
D. Minimum Limits of Insurance —Capital Projects
The Contractor shall maintain limits no less than the following:
1. Commercial General Liability: $1,000,000 combined single limit per occurrence by
bodily injury, personal injury, and property damage; and for those policies with
aggregate limits, a $2,000,000 aggregate limit.
2. Professional Liability, Errors, and Omissions: $1,000,000, Per Claim and in the
Aggregate.
3. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage if the use of motor vehicles is contemplated.
4. Workers' Compensation: Statutory requirements of the state of residency.
5. Stop Gap /Employers Liability: $1,000,000.
6. Property Insurance: One hundred percent replacement value of funded structure.
E. Minimum Limits of Insurance --Building Construction Period
Prior to commencement of building construction and until construction is complete and
approved by the Contractor, the Contractor shall cause the construction contractor and
related professionals to procure and maintain insurance against claims for injuries to
persons or damages to property which may arise from, or in connection with the
activities related to this Contract. The Contractor and County shall be named as
additional insureds on liability policies except Workers Compensation and Professional
Liability, and as Named Insureds on Builders Risk policies. The cost of such insurance
shall be paid by the Contractor and/or any of the Contractor's contractors/
subcontractors. The Contractor shall maintain limits no less than the following:
1. Commercial General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage and $2,000,000 in the
aggregate.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage.
3. Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the
Aggregate.
4. Builder's Risk Insurance: One hundred percent replacement cost value.
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5. Workers Compensation: Statutory requirements of the State of residency.
6. Stop Gap or Employers Liability Coverage: $1,000,000.
F. Minimum Limits of Insurance —Services Agreements: The Contractor shall maintain
limits no less than the following:
1. Commercial General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage and $2,000,000 in the
aggregate.
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury
and property damage.
3. Professional Liability, Errors & Omissions: $1,000,000, Per Claim and in the
Aggregate.
4. Workers Compensation: Statutory requirements of the State of Residency.
5. Stop Gap or Employers Liability Coverage: $1,000,000.
Paragraphs G, H, I, J, K and L below apply to Capital Projects, Construction Projects
and Services Contracts.
G. Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to, and approved by, the
County. The deductible and/or self -insured retention of the policies shall not apply to
the Contractor's liability to the County and shall be the sole responsibility of the
Contractor.
H. Other Insurance Provisions
The insurance policies required in this Contract are to contain, or be endorsed to
contain, the following provisions:
1. All Liability Policies except Professional and Workers Compensation.
a. The County, its officers, officials, employees, and agents are to be covered as
additional insureds as respects liability arising out of activities performed by or
on behalf of the Contractor in connection with this Contract. Such coverage
shall include Products -Completed Operations.
b. To the extent of the Contractor's negligence, the Contractor's insurance
coverage shall be primary insurance as respects the County, its officers,
officials, employees, and agents. Any insurance and/or self-insurance
maintained by the County, its officers, officials, employees, or agents shall not
contribute with the Contractor's insurance or benefit the Contractor in any way.
c. The Contractor's insurance shall apply separately to each insured against
whom claim is made and/or lawsuit is brought, except with respect to the limits
of the insurer's liability.
2. Property Coverage Policies
a. The County shall be added to all Property Coverage Policies as a loss payee as
its interests may appear.
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b. The County shall be added as a Named Insured as its interests may appear to
all Builders Risk policies.
3. All Policies
Coverage shall not be suspended, voided, canceled, reduced in coverage or in
limits, except by the reduction of the applicable aggregate limit by claims paid, until
after 30 days prior written notice has been given to the County.
Acceptability of Insurers
Unless otherwise approved by the County, insurance is to be placed with insurers with
a Bests' rating of no less than A: VIII, or, if not rated with AM Bests, with minimum
surpluses the equivalent of AM Bests' surplus size VIII.
Professional Liability, Errors, and Omissions insurance may be placed with insurers
with AM Bests' rating of B+VII. Any exception must be approved by the County.
If, at any time, the foregoing policies shall fail to meet the above requirements, the
Contractor shall, upon notice to that effect from the County, promptly obtain a new
policy, and shall submit the same to the County, with appropriate certificates and
endorsements, for approval.
Verification of Coverage
The Contractor shall furnish the County with certificates of insurance and
endorsements required by this Contract. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer to bind
coverage on its behalf. The certificates and endorsements for each insurance policy
are to be on forms approved by the County prior to the commencement of activities
associated with the Contract. The County reserves the right to require complete,
certified copies of all required insurance policies at any time.
If the Agency/Contracting Party is a Municipal Corporation or an agency of the State of
Washington and is a member of the Washington Cities Insurance Authority (WCIA) or
any other self-insurance risk pool, a written acknowledgement/certification of current
membership will be attached to the Agreement as Exhibit I and satisfies the insurance
requirements specified above.
K. Subcontractors
The Contractor shall include all subcontractors as insureds under its policies or shall
require separate certificates of insurance and policy endorsements from each
subcontractor. If the Contractor is relying on the insurance coverages provided by
subcontractors as evidence of compliance with the insurance requirements of this
Contract, then such requirements and documentation shall be subject to all of the
requirements stated herein.
L. Municipal or State Contractor Provisions
If the Contractor is a municipal corporation or a Contractor of the state of Washington
and is self -insured for any of the above insurance requirements, a certification of self-
insurance shall be provided for the self -insured requirements and attached hereto and
be incorporated by reference and shall constitute compliance with this Section. If the
certificate of self-insurance does not cover all mandatory requirements, the Contractor
shall provide separate certificates and endorsements that document coverage.
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XIX. NONDISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
A. Equal Benefits to Employees with Domestic Partners
In accordance with King County Ordinance 14823, as a condition of award of a
contract valued at $25,000 or more, the Contractor agrees that it shall not discriminate
in the provision of employee benefits between employees with spouses and employees
with domestic partners during the performance of this Contract. Absent authorization
for delayed or alternative compliance, failure to comply with this provision shall be
considered a material breach of this Contract, and may subject the Contractor to
administrative sanctions and remedies for breach.
When the contract is valued at $25,000 or more, by signing the Contract/Bid Submittal
the Contractor is indicating compliance with this requirement or with the terms of an
authorization for delayed or alternative compliance
B. Nondiscrimination in Employment Provision of Services
To the extent prohibited by KCC Chapter 12.16 or 12.17, during the performance of
this Contract, neither the Contractor nor any party subcontracting under the authority of
this Contract shall discriminate or tolerate harassment on the basis of sex, race, color,
marital status, national origin, religious affiliation, disability, sexual orientation, gender
identity or expression or age except by minimum age and retirement provisions, unless
based upon a bona fide occupational qualification.
C. Nondiscrimination in Subcontracting Practices
To the extent prohibited by KCC Chapter 12.16 or 12.17, during the term of this
Contract, the Contractor shall not create barriers to open and fair opportunities to
participate in County contracts or to obtain or compete for contracts and subcontracts
as sources of supplies, equipment, construction and services. In considering offers
from and doing business with subcontractors and suppliers, the Contractor shall not
discriminate against any person because of their sex, race, color, marital status,
national origin, religious affiliation, disability, sexual orientation, gender identity or
expression or age except by minimum age and retirement provisions, unless based
upon a bona fide occupational qualification.
D. Compliance with Laws and Regulations
The Contractor shall comply fully with all applicable federal, state and local laws,
ordinances, Presidential Executive Orders and regulations that prohibit discrimination
to the extent applicable. These laws include, but are not limited to, RCW Chapter
49.60, Titles VI and VII of the Civil Rights Act of 1964, the American with Disabilities
Act, and the Restoration Act of 1987. In addition, King County Code chapters 12.16,
12.17 and 12.18 are incorporated herein by reference and the requirements in these
code chapters shall specifically apply to this contract, to the full extent applicable. The
Contractor shall further comply fully with any equal opportunity requirements set forth
in any federal regulations, statutes or rules included or referenced in the contract
documents.
E. Small Contractors and Suppliers and Minority and Women Business Enterprises
Opportunities
King County encourages the Contractor to utilize small businesses, including Small
Contractors and Suppliers (SCS), as defined below, and minority -owned and women -
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owned business enterprises certified by the Washington State Office of Minority and
Women's Business Enterprises (OMWBE) in County contracts. The County
encourages the Contractor to use the following voluntary practices to promote open
competitive opportunities for small businesses, including SCS firms and minority -
owned and women -owned business enterprises:
Inquire about King County's Contracting Opportunities Program. King County has
established a Contracting Opportunities Program to maximize the participation of
SCS in the award of King County contracts. The Program is open to all SCS firms
certified by King County Business Development and Contract Compliance (BDCC).
As determined by BDCC and identified in the solicitation documents issued by the
County, the Program will apply to specific contracts. However, for those contracts
not subject to the Program or for which the Contractor elected not to participate in
the Program during the solicitation stage, the Contractor is still encouraged to
inquire voluntarily about available firms. Program materials, including application
forms and a directory of certified SCS firms, are available at the following Web -site
address: http://www.kingcounty.gov/bdcc
The term "Small Contractors and Suppliers" (SCS) means that a business and the
person or persons who own and control it are in a financial condition which puts the
business at a substantial disadvantage in attempting to compete for public
contracts. The relevant financial condition for eligibility under the Program is set at
fifty percent of the Federal Small Business Administration (SBA) small business
size standards using the North American Industry Classification System and
Owners' Personal Net Worth less than $750,000 dollars.
2. Contact OMWBE to obtain a list of certified minority -owned and women -owned
business enterprises by visiting their website at http://www.omwbe.wa.gov/ or by
Toll Free telephone (866) 208-1064.
3. Use the services of available community organizations, consultant groups, local
assistance offices, the County, and other organizations that provide assistance in
the recruitment and placement of small businesses, including SCS firms and
minority -owned and women -owned business enterprises.
F. Equal Employment Opportunity Efforts
The Contractor shall undertake equal employment opportunity efforts to ensure that
applicants and employees are treated, without regard to their sex, race, color, marital
status, national origin, religious affiliation, disability, sexual orientation, gender identity
or expression or age. The Contractor's equal employment opportunity efforts shall
include but not be limited to, the following; employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training, including apprenticeships. The
Contractor agrees to post in conspicuous places available to employees and applicants
for employment notices setting forth this nondiscrimination clause. In accordance with
KCC 12.16.010.j. "equal employment opportunity efforts" shall mean active efforts to
ensure equal opportunity in employment that is free from all forms of discrimination.
G. Compliance with Section 504 of the Rehabilitation Act of 1973 as amended (Section
504) and the American Disabilities Act of 1990 as amended (ADA)
Pursuant to Title II of the ADA and Section 504 the County must not discriminate
against people with disabilities in providing services, programs or activities even if
those services, programs or activities are carried out by contractors. The Contractor
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agrees that it shall provide all programs, services and activities to County employees or
members of the public under this Contract in the same manner as King County is
obligated to under Title II of the ADA, and Section 504 and shall not deny participation
or the benefits of such services, programs or activities to people with disabilities on the
basis of such disability. Failure to comply with this section shall be a material breach of,
and grounds for, the immediate termination of this Contract.
1. The Contractor agrees to provide to persons with disabilities access to programs,
activities and services provided under the Contract or agreement, as required by
the disability access laws as defined by KCC 12.16; and
2. The Contractor shall not discriminate against persons with disabilities in providing
the work under the Contract. In any subcontracts for the programs, activities and
services under their contract or agreement, the Contractor shall include the
requirement that the subcontractor provide to persons with disabilities access to
programs, activities and services provided under the contract or agreement as
required by the disability access laws as defined by KCC 12.16, that the
subcontractor shall not discriminate against persons with disabilities in providing
the work under the Contract and that the subcontractor shall provide that the
County is a third party beneficiary to that required provision.
H. Sanctions for Violations
Any violation of the mandatory requirements of the provisions of this section shall be a
material breach of contract for which the Contractor may be subject to damages,
withholding payment and any other sanctions provided for by the Contract and by
applicable law.
Fair Housing Protections
The Contractor shall comply with the federal Fair Housing Act, Public Law 90-284 (42
USC 3601 et seq.). The Contractor shall take necessary and appropriate actions to
prevent discrimination in any housing -related project under this Contract, which
includes rental housing projects and/or projects that include residential real estate -
related transactions, as required by the Federal Fair Housing Act as amended (42 USC
3601) and the Washington State Law Against Discrimination (RCW Chapter 49.60).
Residential real estate -related transactions include the making or purchasing of loans
or the provision of financial assistance secured by real estate, or the making or
purchasing of loans or financial assistance for the purchasing, constructing, improving,
repairing or maintaining of a dwelling. Rental housing includes any dwelling that is
intended for occupancy as a residence for one or more families by lease, sublease or
by grant for a consideration of the right to occupy Premises not owned by the
occupant. In addition, except for projects located in incorporated jurisdictions, the
Contractor shall comply with the applicable provisions of the King County Open
Housing Ordinance, codified at Chapter 12.20 of the King County Code, which
prohibits practices of housing discrimination against any person on the basis of age,
ancestry, color, disability, marital status, national origin, parental status, possession of
Section 8 housing assistance, race, religion, retaliation, sex, and sexual orientation.
Projects using federal funds shall also comply with subsections J, K, L, and M below.
Additional Federal Nondiscrimination Requirements
The Contractor shall comply with all applicable federal laws prohibiting discrimination,
including the following:
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1. Presidential Executive Order 11063 as amended and implementing regulations at
24 CFR Part 107;
2. Section 109 of the HCD Act of 1974, as amended (42 USC 5301);
3. The Americans with Disabilities Act (42 USC 1213; 47 USC 155, 201, 218 and
225); and
4. Section 504 of the Rehabilitation Act of 1973 and regulations at 24 CFR Part 8.
K. Prohibited Discriminatory Actions
Except where expressly authorized by federal law, the Contractor may not, under
any program or activity to which this Contract applies, directly or through
contractual or other arrangements, discriminate on the grounds of age, color,
creed, familial status, marital status, nationality, religion, race, sex, sexual
orientation, or the presence of any, physical, mental or sensory disability.
Discriminatory actions may include but are not limited to the following:
a. Denying any person access to facilities, services, financial aid or other benefits
provided under the program or activity;
b. Denying any person services due to limited English proficiency;
c. Providing any person with facilities, services, financial aid or other benefits,
which are different, or are provided in a different form from that provided to
others under the program or activity;
d. Subjecting any person to segregated or separate treatment in any facility or in
any matter or process related to receipt of any service or benefit under the
program or activity;
e. Restricting in any way access to or in the enjoyment of any advantage or
privilege enjoyed by others in connection with facilities, services, financial aid or
other benefits under the program or activity;
f. Treating any person differently from others in determining whether the person
satisfies any admission, enrollment, eligibility, membership, or other
requirement or condition which individuals must meet in order to be provided
any facilities, services or other benefit provided under the program or activity;
g. Denying any person any opportunity to participate in a program or activity as an
employee; and
h. Failing to design and construct facilities for first occupancy after January 26,
1993 that are readily accessible to and usable by individuals with disabilities
and failure to remove architectural and communication barriers that are
structural in nature in existing facilities, where such removal can be
accomplished without difficulty and expense.
2. The Contractor shall not utilize criteria or methods of administration that have the
effect of subjecting individuals to discrimination on the basis of age, color, familial
status, nationality, race, religion, sex, or sexual orientation; or mental, physical, or
sensory disability; or have the effect of defeating or substantially impairing
accomplishment of the objectives of the program or activity with respect to
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individuals of a particular age, color, familial status, nationality, race, religion, sex,
or sexual orientation; or the presence of any mental, physical, or sensory disability.
3. The Contractor, in determining the site or location of housing or facilities provided in
whole or in part with funds under this Contract, may not make selections of such
site or location which have the effect of excluding individuals, denying them
benefits, or subjecting them to discrimination on the grounds of age, sex, marital
status, familial status, religion, race, creed, color, sexual orientation, nationality, or
the presence of any sensory, mental or physical disability; or which have the
purpose or effect of defeating or substantially impairing the accomplishment of the
objectives of the HCD Act or of the HUD Regulations.
L. Employment Projections
In all solicitations under this Contract, the Contractor shall state that all qualified
applicants will be considered for employment. The words "equal opportunity employer"
in advertisements shall constitute compliance with this section.
M. No Conflict with Federal Requirements.
As indicated by HUD Notice CPD 04-10, a faith -based organization's exemption from
the federal prohibition on employment discrimination on the basis of religion, set forth
in 42 USC 2000e-1(a), is not forfeited when the organization receives HUD funding.
Faith -based organizations, like any other entity participating in a HUD -funded program,
must, however, comply with all the statutory requirements of that particular HUD -
funded program. Both the CDBG and HOME Programs contain statutory provisions
imposing non-discrimination requirements on all subrecipients, subgrantees or
contractors. Religious organizations that believe that certain non-discrimination
statutory requirements are substantially burdensome may be entitled to protection
under the Religious Freedom Restoration Act [42 USC4000bb-3, 4000bb-2(1)] which
applies to all federal law and its implementation. Subrecipients, subgrantees, or
contractors should be aware that anti -discrimination provisions of Section 109 of the
Housing and Community Development Act of 1974, Section 282 of the HOME
Investment partnership Act may pose questions of conformance with Title VII of the
Civil Rights Act of 1964 and future court rulings could define more specifically the
application of these laws to faith -based organizations. In the event that a provision of
this Contract is deemed to be in actual conflict with federal law, the conflicting provision
in this Contract shall not apply.
XX. SUBCONTRACTS AND PURCHASES
A. Subcontract Defined
"Subcontract" shall mean any agreement between the Contractor and a subcontractor
or between subcontractors that is based on this Contract, provided that the term
"subcontract" does not include the purchase of (1) support services not related to the
subject matter of this Contract, or (2) supplies.
B. Writing Required
Any work or services assigned or subcontracted hereunder shall be in writing and must
be approved by the County as provided in Section XIV. Assignment. The Contractor
agrees that it is as fully responsible to the County for the acts and omissions of its
subcontractors and their employees and agents, as it is for the acts and omissions of
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its own employees and agents, as specified in Section XVII. Hold Harmless and
Indemnification Subsection C.
C. Required Contract Terms
The Contractor shall include the applicable provisions of Sections XVIII. Insurance
Requirements - General, XIX. Nondiscrimination and Equal Employment Opportunity
and XX. Subcontracts and Purchases in every subcontract or purchase order for goods
or services which are paid for in whole or in part with funds provided under this
Contract. The Contractor agrees to include the following language verbatim in every
subcontract, provider agreement, or purchase agreement for services, which relate to
the subject matter of this Contract:
"Subcontractor shall protect, defend, indemnify, and hold harmless King County, its
officers, employees, and agents from any and all costs, claims, judgments, and/or
awards of damages arising out of, or in any way resulting from the negligent act or
omissions of subcontractor, its officers, employee, and/or agents in connection with or
in support of this Contract. Subcontractor expressly agrees and understands that King
County is a third party beneficiary to this Contract and shall have the right to bring an
action against subcontractor to enforce the provisions of this paragraph."
Projects using federal funds must also comply with subsections D, E, F, G and H.
D. Debarred Contractors
The Contractor certifies that neither the Contractor nor any person or entity with a
controlling interest in the Contractor is under suspension, debarment, voluntary
exclusion or determination of ineligibility from participation in federal assistance
programs under Presidential Executive Order 12549 or 12689, "Debarment and
Suspension". The Contractor further certifies that neither the Contractor nor any
person or entity with a controlling interest in the Contractor has any proceeding
pending to suspend, debar, exclude or determine them ineligible from participation in
federal assistance programs under Presidential Executive Order 12549 or 12689.
The Contractor shall not make any award at any time to any contractor, which is
debarred, suspended or excluded, from participation in federal assistance programs
under Presidential Executive Order 12549, "Debarment and Suspension".
The Contractor shall ensure that all subcontractors receiving any federal funds
pursuant to this agreement have not been disbarred or suspended from federal
contract participation. This may be done by checking the System for Award
Management at https://www.sam.gov, which lists all suspended and debarred entities.
E. Subcontracting Requirements
A Contractor which receives federal funds under this Contract also shall include the
following sections in every subcontract or purchase order for goods and services which
are paid in whole or in part with funds provided under this Contract: Section V.
Compensation and Method of Payment Subsections F. or G. and I., Sections XVII.
Hold Harmless and Indemnification Subsection B., XVIII. Insurance Requirements —
General Subsection K., XIX. Nondiscrimination and Equal Employment Opportunity
and XXII. No Conflict of Interest Subsection B. and, if the subcontract is for
construction, Sections XXXIV. Labor Standards and XXXV. Employment Opportunities.
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F. Federal Procurement Requirements
The Contractor agrees to comply with Procurement Standards specified in 2 CFR §
200.317 through - 200.326, unless otherwise provided in the Project/Program Exhibit.
G. Federal Bid Guarantee and Bond Requirements
If the Contractor is subcontracting construction work under this Contract, the
subcontract shall require for any construction contracts exceeding 150 000:
1. A bid guarantee from each bidder equivalent to five percent of the bid price;
2. A performance bond from the contractor for one hundred percent of the contract
price; and
3. A payment bond from the contractor for one hundred percent of the contract price.
The Contractor may, at its discretion, require any of these requirements on
construction contracts of less than $150,000. The specific requirements for bid
guarantees and bonds are at 2 CFR § 200.325.
H. Failure to Comply is Default
Failure by the Contractor to require compliance with the above terms and conditions in
subcontracts shall constitute a breach of this Contract.
XXI. NONDISCRIMINATION IN SUBCONTRACTING PRACTICES
Projects using federal funds shall comply with the following requirements:
A. Federal Requirements
In soliciting subcontractors to supply goods or services for the activities under this
Contract, the Contractor shall comply with 2 CFR § 200.321. In accordance with these
regulations, the Contractor shall take all necessary affirmative steps to assure M/WBEs
and labor surplus area firms are used as subcontractors when possible. Affirmative
steps shall include those actions specified above in this section of the Contract.
B. Nondiscrimination in Federally Assisted Construction
The Contractor shall also require compliance with Presidential Executive Order 11246
as amended and 41 CFR Part 60 regarding nondiscrimination in bid conditions for
construction projects over $10,000.
XXII. CONFLICT OF INTEREST
A. King County Code Chapter 3.04 Compliance.
The Contractor shall comply with applicable provisions of KCC Chapter 3.04.
Failure to comply with such provisions shall be a material breach of Contract and
may result in termination of this Contract pursuant to Section XV. Termination and
subject the Contractor to remedies stated therein or otherwise available to the
County at law or in equity. This section shall not apply to a Contractor that is a
municipal corporation which has adopted an employee code of ethics; provided that
nothing in this section is intended to contract away such a Contractor's obligation to
comply with any KCC Chapter 3.04 provision that applies independent of this
Contract.
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2. No Preferential Treatment
The Contractor agrees that it will not attempt to secure preferential treatment in
dealings with the County by offering any valuable consideration, thing of value, or
gift, whether in the form of services, loan, thing, or promise, in any form, to any
County official or employee. The Contractor acknowledges that if it is found to have
violated the prohibition found in this paragraph its current contracts with the County
shall be cancelled and it shall not be able to bid on any County contract for a period
of two years.
3. Disclosure of Current and Former County Employees
To avoid any actual or potential conflict of interest or unethical conduct:
a. County employees or former County employees are prohibited from assisting
with the preparation of proposals or contracting with, influencing, advocating,
advising or consulting with a third party, including Contractor, while employed
by the County or within one year after leaving County employment if he/she
participated in determining the work to be done or processes to be followed
while a County employee.
b. Contractor shall identify at the time of offer current or former County employees
involved in the preparation of proposals or the anticipated performance of Work
if awarded the Contract. Failure to identify current or former County employees
involved in this Contract may result in termination of this Contract.
c. After Contract award, the Contractor is responsible for notifying the County's
Project Manager of current or former County employees who may become
involved in the Contract any time during the term of the Contract.
B. No Conflict of Interest
The Contractor shall abide by the provision of 2 CFR § 200.318, and by the following:
1. The Contractor shall maintain a written code or standards of conduct that shall
govern the performance of its officer, employees or agents engaged in the award
and administration of contracts supported by funds under this Contract;
2. No employee, director, officer or agent of the Contractor shall participate in the
selection or in the award, or administration of a contract supported by funds under
this contract if a conflict of interest, real or apparent, would be involved. By way of
example, such a conflict would arise if such a person, or his or her employer,
immediate family member or partner has financial or other interest in the entity
selected; and
3. The Contractor's officers, employees, and agents must neither solicit nor accept
gratuities, favors, or anything of monetary value from contractors or parties to
subcontracts. However, the Contractor may set standards for situations in which
the financial interest is not substantial or the gift is an unsolicited item of nominal
value. The standards of conduct must provide for disciplinary actions to be applied
for violations of such standards by officers, employees, or agents of the Contractor.
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XXIII. BOARD OF DIRECTORS
A. If the Contractor is incorporated, it must have an active, legally constituted board of
directors in accordance with the requirements of RCW Chapters 23B or 24, to the
extent applicable.
B. The following additional requirements shall apply to the agencies that qualify as non-
profit organizations under USC, Title 26, Subtitle A, Chapter 1, Subchapter F, Part 1,
Section 501(C)(3).
The Contractor shall have a Board of Directors that shall be comprised of neither
employees nor relatives of employees, officers, or directors of the Contractor. For
the purposes of this section, a relative is defined as husband, wife, father, father-in-
law, mother, mother-in-law, brother, brother-in-law, sister, sister-in-law, son, son-in-
law, daughter, daughter-in-law, niece, nephew, grandparent, grandchild, uncle,
aunt, domestic partner and child of domestic partner. In addition, the relatives of a
domestic partner shall be considered relatives to the same extent such relatives
would be included in this section, as if the employee and domestic partner were
married.
2. The Board of Directors shall meet regularly.
3. The Board of Directors shall cause to be adopted a formal conflict of interest policy
for Board members that complies with the applicable provisions of the Internal
Revenue Code and its 501(C)(3) status, and addresses issues regarding gifts,
financial gain, and improper use of position.
XXIV. CONFIDENTIALITY
The Contractor agrees that all information, records, and data collected in connection with
this Contract shall be protected from unauthorized disclosure in accordance with applicable
state and federal law.
XXV. PERSONAL INFORMATION — NOTICE OF SECURITY BREACH
A. If the Contractor maintains computerized or other forms of data that includes personal
information owned by the County, the Contractor shall notify the County of any breach
of the security of the data immediately following discovery if the personal information
was, or is reasonably believed to have been, acquired by an unauthorized person in
accordance with RCW 42.56.590 (2).
B. The Contractor shall provide all information requested by the County including the
following in accordance with RCW 42.56.590, KCC 2.14.030, the King County
Information Privacy Policy and any other applicable federal, state and local statute:
1. Circumstances associated with the breach;
2. Actions taken by the Contractor to respond to the breach ; and
3. Steps the Contractor shall take to prevent a similar occurrence.
This information shall be provided in a format requested by the County.
C. The County may at its sole discretion, require the Contractor to contact the appropriate
law enforcement agency and to provide the County a copy of the report of the
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investigation conducted by the law enforcement agency. The Contractor shall also
provide the County with any information it has regarding the security breach.
D. The Contractor shall conspicuously display King County's Privacy Notice and provide a
printed copy upon request.
E. The Contractor shall be responsible for notifying individuals whose personal
information may have become available to unauthorized users through a security
breach. The Contractor shall also be responsible for any cost associated with notifying
the affected individuals. This notification must be in accordance with RCW 42.56.590
(7)•
F. If the Contractor demonstrates that the cost of providing notice would exceed
250 000, or that the potentially affected persons exceeds $500,000, or the Contractor
does not have sufficient contact information, substitute notice shall consist of the
following in accordance with RCW 42.56.590 (7), (c).
1. Email notice when the Contractor has an e-mail address for the subject persons;
2. Conspicuous posting of the notice on the Contractor's web site page, if the
Contractor maintains one; and
3. Notification to major County -wide media.
G. For purpose of this section, "personal information" means the same as defined in RCW
42.56.590:
1. An individual's first name or first initial and last name in combination with any one of
the following data elements, when either the name or the data elements are not
encrypted: social security number; driver's license number or Washington
identification card number; or
2. Account number or credit or debit card number, in combination with any required
security code; access code, or password that would permit access to an individual's
financial account.
XXVI. COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND
ACCOUNTABILITY ACT OF 1996 (HIPAA)
Terms used in this section shall have the same meaning as those terms in the Privacy Rule,
45 CFR Parts 160 and 164.
A. Obligations and Activities of the Contractor
The Contractor agrees not to use or disclose protected health information other
than as permitted or required by this Contract, HIPAA and the Health Information
Technology for Economic and Clinical Health Act (HITECH). The Contractor shall
use and disclose protected health information only if such use or disclosure,
respectively, is in compliance with each applicable requirement of 45 CFR §
164.504(e). The Contractor is directly responsible for full compliance with the
privacy provisions of HIPAA and HITECH that apply to business associates.
2. The Contractor agrees to implement administrative, physical, and technical
safeguards that reasonably and appropriately protect the confidentiality, integrity,
and availability of the protected health information that it creates, receives,
maintains, or transmits on behalf of the County as required by 45 CFR, Part 164,
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Subpart C. The Contractor is directly responsible for compliance with the security
provisions of HIPAA and HITECH to the same extent as the County.
3. Within two business days of the discovery of a breach as defined at 45 CFR §
164.402 the Contractor shall notify the County of any breach of unsecured
protected health information. The notification shall include the identification of each
individual whose unsecured protected health information has been, or is reasonably
believed by the Contractor to have been, accessed, acquired, or disclosed during
such breach; a brief description of what happened, including the date of the breach
and the date of the discovery of the breach, if known; a description of the types of
unsecured protected health information that were involved in the breach (such as
whether full name, social security number, date of birth, home address, account
number, diagnosis, disability code, or other types of information were involved); any
steps individuals should take to protect themselves from potential harm resulting
from the breach; a brief description of what the Contractor is doing to investigate
the breach, to mitigate harm to individuals, and to protect against any further
breaches; the contact procedures of the Contractor for individuals to ask questions
or learn additional information, which shall include a toll free number, an e-mail
address, Web site, or postal address; and any other information required to be
provided to the individual by the County pursuant to 45 CFR § 164.404, as
amended. A breach shall be treated as discovered in accordance with the terms of
45 CFR § 164.410. The information shall be updated promptly and provided to the
County as requested by the County.
4. The Contractor agrees to mitigate, to the extent practicable, any harmful effect that
is known to the Contractor of a use or disclosure of protected health information by
the Contractor in violation of the requirements of this Contract or the law.
5. The Contractor agrees to report in writing all unauthorized or otherwise improper
disclosures of protected health information or security incident to the County within
two days of the Contractor knowledge of such event.
6. The Contractor agrees to ensure that any agent, including a subcontractor, to
whom it provides protected health information received from, or created or received
by the Contractor on behalf of the County, agrees to the same restrictions and
conditions that apply through this Contract to the Contractor with respect to such
information.
7. The Contractor agrees to make available protected health information in
accordance with 45 CFR § 164.524.
8. The Contractor agrees to make available protected health information for
amendment and incorporate any amendments to protected health information in
accordance with 45 CFR § 164.526.
9. The Contractor agrees to make internal practices, books, and records, including
policies and procedures and protected health information, relating to the use and
disclosure of protected health information received from, or created or received by
the Contractor on behalf of King County, available to the Secretary of the U.S.
Department of Health and Human Services, in a reasonable time and manner for
purposes of the Secretary determining King County's compliance with HIPAA,
HITECH or this Contract.
10. The Contractor agrees to make available the information required to provide an
accounting of disclosures in accordance with 45 CFR §164.528. Should an
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individual make a request to the County for an accounting of disclosures of his or
her protected health information pursuant to 45 CFR § 164.528, Contractor agrees
to promptly provide an accounting, as specified under 42 U.S.C. § 17935(c)(1) and
45 CFR §164.528, of disclosures of protected health information that have been
made by the Contractor acting on behalf of the County. The accounting shall be
provided by the Contractor to the County or to the individual, as directed by the
County.
11. To the extent the Contractor is to carry out one or more of the covered entity's
obligations under Subpart E of 45 CFR § 164, the contractor shall comply with the
requirements of Subpart E that apply to the County in the performance of such
obligations.
B. Permitted Uses and Disclosures by Business Associate
The Contractor may use or disclose protected health information to perform functions,
activities, or services for, or on behalf of, King County as specified in this Contract,
provided that such use or disclosure would not violate HIPAA if done by King County or
the minimum necessary policies and procedures of King County.
C. Effect of Termination
Except as provided in paragraph C.2. of this section, upon termination of this
Contract, for any reason, the Contractor shall return or destroy all protected health
information received from the County, or created or received by the Contractor on
behalf of the County. This provision shall apply to protected health information that
is in the possession of subcontractors or agents of the Contractor. The Contractor
shall retain no copies of the protected health information.
2. In the event the Contractor determines that returning or destroying the protected
health information is infeasible, the Contractor shall provide to King County
notification of the conditions that make return or destruction infeasible. Upon
notification that return or destruction of protected health information is infeasible,
the Contractor shall extend the protections of the Contract to such protected health
information and limit further uses and disclosure of such protected health
information to those purposes that make the return or destruction infeasible, for so
long as the Contractor maintains such protected health information.
D. Reimbursement for Costs Incurred Due to Breach
Contractor shall reimburse the County, without limitation, for all costs of investigation,
dispute resolution, notification of individuals, the media, and the government, and
expenses incurred in responding to any audits or other investigation relating to or
arising out of a breach of unsecured protected health information by the Contractor.
XXVIL NOTICES
Whenever this Contract provides for notice to be provided by one party to another, such
notice shall be in writing; and directed to the Chief Executive Officer of the Contractor and
the Director of the County Department of Community and Human Services. Any time within
which a party must take some action shall be computed from the date that said party
receives the notice.
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XXVIII. KING COUNTY RECYCLED PRODUCT PROCUREMENT POLICY
In accordance with King County Code Chapter KCC 18.20 and King County Executive
Policy CON 7-1-2, the Contractor shall use recycled paper for all printed and photocopied
documents related to the submission of this solicitation and fulfillment of the Contract and
shall, whenever practicable, use both sides of the paper.
XXIX. SERVICES PROVIDED IN ACCORDANCE WITH LAW AND RULE AND REGULATION
The Contractor and any subcontractor agree, when applicable, to abide by the terms of
Chapters 26.44, 69.54, 70.02, 70.96A, 71.05, 71 A.10, 71 A.14, 71 A.18, 71.20, 71.24, and
71.34 of the Revised Code of Washington, rules and regulations promulgated thereunder,
the Basic InterContractor Contract between the Department of Social and Health Services
and King County, as amended, and regulations of the state and federal governments, as
applicable, which control disposition of funds granted under this Contract, all of which are
incorporated herein by reference.
XXX. POLITICAL ACTIVITY PROHIBITED
A. No Partisan Activity
None of the funds, materials, property or services provided directly or indirectly under
this Contract shall be used for any partisan political activity or to further the election or
defeat of any candidate for public office.
All Projects using federal funds shall also comply with the following subsection:
B. Certification Regarding Lobbying
The Contractor certifies, to the best of its knowledge and belief, that:
No federal appropriated funds have been paid or will be paid, by or on behalf of the
Contractor, to any person for influencing or attempting to influence an officer or
employee of any Agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
Contractor, a member of Congress, an officer or employee of Congress, or an
employee of a member of Congress in connection with this federal contract, grant,
loan, or cooperative agreement, the Contractor shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
The Contractor shall require that the language of this certification be included in the
award documents for all sub -awards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subcontractors shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31 USC 1352.
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Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
XXXI. MISCELLANEOUS PROVISIONS
A. Severability.
Whenever possible, each provision of this Contract shall be interpreted to be effective
and valid under applicable law. If any provision is found to be invalid, illegal or
unenforceable, then such provision or portion thereof shall be modified to the extent
necessary to render it legal, valid and enforceable and have the intent and economic
effect as close as possible to the invalid, illegal and unenforceable provision.
B. Remedies
Not Exclusive. No provision of this Contract precludes the County from pursuing any
other remedies for the Contractor's failure to perform its obligations.
C. No Third Party Beneficiaries.
Except for the parties to whom this Contract is assigned in compliance with the terms
of this Contract, there are no third party beneficiaries to this Contract, and this Contract
shall not impart any rights enforceable by any person or entity that is not a party
thereto.
This Contract shall be governed by and construed to the laws of the State of Washington.
Any claim or suit between the parties arising out of this Contract may only be filed and
prosecuted in King County Superior Court of U.S. District for the Western District of
Washington, in Seattle.
XXXII. AFFIRMATIVE MARKETING
A. Federal Marketing Requirements
Each Contractor must adopt affirmative marketing procedures and requirements for
projects containing five or more housing units funded with CDBG and/or HOME funds.
Affirmative marketing steps consist of actions to provide information and otherwise
attract eligible persons from all racial, ethnic, and gender groups in the housing market
area to the available housing. (The affirmative marketing procedures do not apply to
families with housing assistance provided by the Public Housing Authority or families
with tenant based rental assistance provided with HOME funds.) The County shall
annually assess the Contractor's affirmative marketing program to determine the
success of affirmative marketing actions and any necessary corrective actions.
B. The affirmative marketing requirements and procedures adopted must include:
1. Methods for informing the public, owners, and potential tenants about federal fair
housing laws and the use of the Equal Housing Opportunity logotype or slogan in
press releases and solicitations for owners, and written communication to fair
housing and other groups;
2. Requirements and practices the Contractor must adhere to in order to carry out the
participating jurisdiction's affirmative marketing procedures and requirement (e.g.,
use of commercial media, use of community contacts, use of the Equal Housing
Opportunity logotype or slogan, and display of fair housing poster);
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3. Procedures to be used by the Contractor to inform and solicit applications from
persons in the housing market area who are not likely to apply for the housing
without special outreach (e.g., use of community organizations, language
interpreters, places of worship, employment centers, fair housing groups, or
housing counseling agencies);
4. Records must be kept describing actions taken by the Contractor to affirmatively
market units and records to assess the result of these actions; and
5. A description of how the Contractor shall assess the success of affirmative
marketing actions and what corrective actions will be taken where affirmative
marketing requirements are not met.
XXXIII. ACCESSIBILITY FOR CAPITAL PROJECTS
Any buildings or other facilities designed, constructed, or altered with federal funds pursuant
to this Contract are subject to the requirements of the Architectural Barriers Act of 1968 (42
USC 4151 - 4157) and shall comply with the Uniform Federal Accessibility Standards
(Appendix A to 24 CFR Part 40 for residential structures, and Appendix A to 41 CFR Parts
101-19 and subpart 101-19.6 for general type building). When applicable, certain multi-
family housing units designed and constructed for first occupancy after March 13, 1991,
with assistance provided under this Contract must comply with the Fair Housing
Accessibility Guidelines, 24 CFR Part 100 as amended.
XXXIV. LABOR STANDARDS
Agencies receiving a CDBG and/or HOME award shall comply with Subsections A and C
below.
A. Davis -Bacon Requirements
For projects assisted with CDBG funds, this Subsection shall not apply to construction
or rehabilitation of residential property consisting of fewer than eight units. For projects
assisted with HOME funds, this Subsection shall not apply to rehabilitation of rental
property consisting of fewer than twelve units.
All construction work funded in whole or in part under this Contract must be performed
in accordance with the Davis -Bacon Act, as amended (40 USC sections 276(a)-
276(a)(5)), the Copeland "Anti -Kickback" Act, as amended (40 USC 276(c)) and the
Contract Work Hours and Safety Standards Act (40 USC 327 et seq.) as further pre-
scribed at 29 CFR Parts 1, 3, 5, 6 and 7. The Contractor will follow all Davis Bacon
documentation requirements and regularly submit required documentation to the
County shall maintain records sufficient to evidence compliance with this section and
shall make such records available for the County's review upon request.
A copy of the current Davis -Bacon wages must be included in all construction bid
specifications, contracts, and/or subcontracts over $2,000, except where the project
includes a copy of applicable state prevailing wages that are higher than current Davis -
Bacon wages.
Agencies receiving an award of local funds (HOF, RAHP, HB 2331, Veterans and
Human Services Levy or MIDD funds) or federal funds that do not trigger Davis -Bacon
shall comply with Subsections B and C below:
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B. Prevailing Wages
Projects that are not subject to Section A above, shall pay State residential prevailing
wage rates as a minimum. Projects that are subject to State prevailing wage
requirements of chapter 39.12 RCW shall pay prevailing wages at or above the
applicable State classification rate.
The Contractor shall provide annual certification to the County of its compliance with
the requirements of this section. The Contractor shall additionally maintain records
sufficient to evidence compliance with this section and shall make such records
available for the County's review upon request.
C. Use of Volunteers
The Contractor shall obtain the written approval of the County prior to allowing any
volunteers to perform construction work on a project assisted under this Contract.
XXXV. EMPLOYMENT OPPORTUNITIES ON ASSISTED CONSTRUCTION PROJECTS
A. Section 3 Requirements
The work to be performed under this Contract may be subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 USC
1701 u (Section 3). The purpose of Section 3 is to ensure that employment and other
economic opportunities generated by HUD assistance or HUD -assisted projects
covered by Section 3, shall, to the greatest extent feasible, be directed to low and very
low-income persons, particularly persons who are recipients of HUD assistance for
housing.
B. Section 3 Criteria for Capital Projects
As set forth in the HCD Plan, Section 3 regulations found at 24 CFR § 135.38 apply to
all Project/Program Exhibits which meet all three of the following criteria:
1. The Project/Program Exhibit must include $200,000 or more in total HUD funds
from one or more program years;
2. The Project/Program Exhibit must include construction or rehabilitation work as a
task that will be funded in full or in part with the HUD funds; and
3. The construction or rehabilitation work that will be funded must have a contract
value, which exceeds $100,000. Actual contract value of construction or
rehabilitation work is the determining factor, not a cost estimate.
Additionally, Section 3 regulations are applicable to Project/Program Exhibit(s),
which do not initially meet the above criteria but which are amended so as to add
funds or change the activities for which the funds are used. Section 3 regulations
do not apply to projects that include $200,000 or more in HUD funds when the
funds are being used for acquisition and/or professional services only and not for
construction or rehabilitation work.
XXXVI. NO BENEFIT TO OWNERS AND DEVELOPERS OF ASSISTED HOUSING
No Contractor, developer or sponsor (or officer, employee, agent or consultant of the
owner, developer or sponsor) whether private, for profit or nonprofit (including a Community
Housing Development Organization when acting as an owner, developer or sponsor) may
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occupy a CDBG, HOME, HOF, RAHP, HB 2331, Veterans and Human Services Levy,
MIDD or CX-assisted affordable housing unit in a project. This provision does not apply to
an owner -occupant of single family housing or to an employee or agent of the owner or
developer of a rental housing project who occupies a CDBG, HOME, HOF, RAHP, HB
2331, Veterans and Human Services Levy or CX-assisted unit as the project manager or
maintenance worker.
XXXVII. SUPPLANTING
Any federal CDBG or Homeless Housing and Services (2163) Funds made available under
this Contract to provide public (human) services shall not be utilized by the Contractor to
reduce or replace the local financial support currently being provided to public (human)
service programs. Homeless Housing and Services funds cannot be used in the place of
existing housing operations or services funds.
XXXVIII. DRUG FREE WORKPLACE CERTIFICATION AND OTHER FEDERAL REQUIREMENTS
A. Drug -Free Workplace Certification
The Contractor certifies that it is in compliance with the Drug -Free Workplace Act of
1988 (42 USC 701) and regulations set forth at 24 CFR part 24, subpart F.
B. Other Federal Requirements
The absence of mention in this Contract of any other federal requirements that apply to
the award and/or expenditure of the federal funds made available by this Contract is
not intended to indicate that those federal requirements are not applicable to
Contractor activities. The Contractor shall comply with all other federal requirements
relating to the expenditure of federal funds, including but not limited to, the Hatch Act (5
USC. Chapter 15) regarding political activities.
XXXIX. CONSTITUTIONAL PROHIBITION
In accordance with the First Amendment of the United States Constitution, Article 1, Section
11 of the Washington State Constitution, and separation of church and state principles, as a
general rule, funds received under this Contract may not be used for religious activities.
Except where otherwise allowed by federal law, the following restrictions and limitations
apply to the use of CDBG and HOME funds:
A. A Contractor may not engage in inherently religious activities, such as worship,
religious instruction or prose lytization, as part of the assistance funded under this
Contract. If the Contractor conducts religious activities, the activities must be offered
separately, in time and location, from the assistance funded under this Contract, and
participation must be voluntary for the beneficiaries of the assistance;
B. In performing under this Contract, the Contractor shall not discriminate against a
program beneficiary or prospective program beneficiary on the basis of religion or
religious belief; and
C. CDBG and HOME funds may be used to rehabilitate or construct facilities and housing
owned by primarily religious organizations only to the extent those structures are used
for conducting eligible activities consistent with 24 CFR § 570.200, 24 CFR § 92.257,
and 24 CFR § 576.23.
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XL. PROMISSORY NOTE, DEED OF TRUST AND COVENANT
The Contractor agrees that funding provided under this Contract for the acquisition,
construction, improvement and/or rehabilitation of real property (Premises) owned by the
Contractor is a loan from the County to the Contractor. The Contractor agrees to promptly
execute a promissory note, deed of trust and covenant (if applicable), in a format approved
by the County, if required in a Project/Program Exhibit. The Contractor agrees that for real
property, which is leased by the Contractor and assisted under this Contract, the Contractor
shall obtain a covenant from the owner of the real property in a form approved by the
County, if required in any Project/Program Exhibit.
XLL ANTI -DISPLACEMENT AND RELOCATION ASSISTANCE FOR CAPITAL PROJECTS
The Contractor shall at all times comply with all applicable federal, state, and local laws,
statutes, rules and regulations relating to relocation of those persons and households
residing at the Premises prior to occupancy by tenants. The Contractor shall be solely
responsible for the cost of all relocation benefits required by law.
Capital Projects using federal funds shall also comply with the following subsection.
A. Local Funds Only - Local Relocation Guidelines
Projects that include or will include only local county funds (HOF-CX, Veterans and
Human Services Levy, RAHP, 2331, Mental Health, or HIPDD Developmental
Disabilities Funds) for the acquisition, demolition, and or rehabilitation of property that
has existing residential tenants who may be displaced shall provide relocation benefits
to all displaced households. Effective October 1, 2014, the benefit amount for each
displaced household will be $2,933 per household; provided that, if the Joint
Recommendations Committee (JRC) of the King County Consortium adjusts the
benefit amount in accordance with King County Consortium Supplemental Relocation
Guidelines based on changes in the consumer price index, the increased benefit
amount shall apply. All tenants selected for relocation shall be given formal notification
regarding the need to relocate with a minimum of 90 days' notice of the date they must
relocate, along with information about why they were selected. Consideration of a
longer notice period may be required if the tenant demonstrates a special circumstance
(for instance, health reasons) which would be alleviated by extending the notice period.
A list of all displaced households, including name, unit number, household size,
ethnicity, and monthly gross income shall be provided to the King County Relocation
Specialist along with documentation of all the payments made to displaced tenants. All
relocation costs shall be included in the project development budget.
B. Federal Acquisition and Relocation Requirements:
Implementation of any project provided for in this Contract will be undertaken so as to
minimize involuntary displacement of persons, businesses, nonprofit organizations, or
farms to the greatest extent feasible.
The Contractor shall comply with the following:
1. Any acquisition of real property by the Contractor for any activity assisted under this
Contract shall comply with the Uniform Relocation Act and 49 CFR Part 24;
2. Any displacement of persons, businesses, nonprofit organizations, or farms
occurring as the result of acquisition of real property assisted under this Contract
shall comply with the Uniform Relocation Act, at 24 CFR Part 42 and 49 CFR Part
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24 as amended, and the County's Residential Anti -displacement and Relocation
Assistance Plan required by federal regulations at 24 CFR § 570.606(c), and
adopted by the County Council as part of the HCD Plan. The Contractor shall
comply with the Regulations pertaining to costs of relocation and written policies, as
specified by the King County Residential Anti -displacement and Relocation
Assistance Plan; and
3. When any lower -income dwelling units are demolished or converted to a use other
than a lower -income dwelling unit, in connection with an activity assisted under this
Contract with federal funds, the units must be replaced on a one -for -one basis.
Lower -income dwelling units are defined as a dwelling unit with a market rent
(including utility costs) that does not exceed the applicable Fair Market Rent for
existing housing as established by HUD and published annually, pursuant to 24
CFR Part 888. The Contractor must comply with the one -for -one replacement of
housing requirements of Section 104(d) of the HCD Act, as amended. The
implementing regulations are found at 24 CFR Part 42, and for CDBG funds at 24
CFR § 570.606.
XLII. PROPERTY MANAGEMENT FOR CAPITAL PROJECTS
The Contractor shall engage in sound property and program management practices and at
all times operate and maintain the Premises in a manner which fully complies with all
applicable federal, state, and local laws, statutes, rules and regulations covering health and
safety issues in order to provide decent, safe and sanitary housing, as now in effect or as
may be hereafter amended. The Contractor specifically agrees to comply and pay all costs
associated with achieving such compliance without any notice of requirement or
requirements from the County, and that the County does not waive this section by giving
notice of demand for compliance in any instance.
The Contractor shall throughout the term of this Contract, without cost or expense to the
County, keep and maintain the Premises and all improvements, landscaping, fixtures and
equipment which may now or hereafter exist thereon, in a neat, clean and sanitary
condition, and shall, except for reasonable wear and tear, at all times preserve the
Premises in good and safe repair.
If, after 30 days' notice from the County, the Contractor fails to maintain or repair any part of
the Premises or any improvement, landscaping, fixtures or equipment thereon, the County
may, but shall not be obligated to, enter upon Premises and perform such maintenance or
repair and the Contractor agrees to pay the costs thereof to the County upon receipt of a
written demand.
XLIII. TAXES AND LICENSES
The Contractor shall pay throughout the term of this Contract, all applicable taxes, and all
licenses and excise fees covering the ownership and operations of the Premises.
XLIV. PROCEDURE IN THE EVENT OF CASUALTY/CONDEMNATION FOR CAPITAL
PROJECTS
A. In the event that all or any portion of the Premises is taken or conveyed as a result of
any condemnation proceeding or damaged as a result of any casualty, the County and
the Contractor agree that the proceeds of any condemnation or casualty affecting the
Premises shall be made available for the repair or restoration of the real property if the
County and the Contractor in their reasonable judgment agree that:
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1. Repair or restoration of the real property is feasible and that sufficient funds are
available to complete such work;
2. After the completion of work, the real property can be feasibly operated within the
restrictions and requirements of the Project/Program Exhibit; and
3. More than two years remain after the completion of the work until the end of this
Contract.
B. The County and the Contractor shall meet as necessary to discuss in good faith the
rebuilding or repair of the real property and reach a decision with respect thereto within
60 days after the occurrence of the casualty or condemnation. If the parties cannot in
good faith agree to repair or restore the real property as provided above, then any
proceeds of the casualty or condemnation, within 60 days of demand, shall be paid first
to satisfy the County's lien. The balance of the proceeds shall be paid to the
Contractor.
IN WITNESS HEREOF, the parties hereto have caused this contract to be executed and instituted on
the date above written.
KING COUNTY:
CONTRACTOR: CITY OF TUKWILA
King County Executive Signature
Date
Approved by DCHS Director
Approved as to Form:
OFFICE OF THE KING COUNTY
PROSECUTING ATTORNEY
Name (Please type or print)
Date
City of Tukwila Page 41 of 41 2019 Contract — 6120139
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Insurance Authority P.Q. Box 88030
28-Dec-18 Cert#: 11860
King County Dept. of Community & Human Services
Attn:
401 Fifth ave Suite 510
Seattle, WA 98104
RE: City of Tukwila
2019 Community Development Block Grant for Minor Home Repair Program
Evidence of Coverage
The above captioned entity is a member of the Washington Cities Insurance Authority
(WCIA), which is a self insured pool of over 155 public entities in the State of
Washington.
Tukwila, WA 98138
Phone: 206-575-6046
Pax_ 206-575-7426
WCIA has at least $4 million per occurrence limit of liability coverage in its self -
insured layer that may be applicable in the event an incident occurs that is deemed to be
attributed to the negligence of the member. Liability coverage includes general liability,
automobile liability, stop -gap coverage, errors or omissions liability, employee benefits
liability and employment practices liability coverage.
WCIA was created by an interlocal agreement among public entities and liability is self
funded by the membership. As there is no insurance policy involved and WCIA is not
an insurance company, your organization cannot be named as an additional insured.
Sincerely,
Rob Roscoe
Deputy Director
cc: Peggy McCarthy
cletter
EXHIBIT II
CITY OF TUKWILA
TUKWILA CONSORTIUM MINOR HOME REPAIR PROGRAM (C19623)
Contract No.: 6120139
Project No.: C19623 - 1127781
King County Project Manager: Quincy Williams
Agency Contact Person: Stacy Hansen
Start Date: December 1, 2019
Telephone: 206-433-7181
End Date: November 30, 2020
Email: stacy.hansen@tukwilawa.gov
WORK STATEMENT
The City of Tukwila (hereinafter referred to as "the Contractor") agrees to provide funds to
repair the existing stock of homes owned by low- to moderate -income households in the South
King County communities of Covington, Des Moines, SeaTac, and Tukwila, as described in
this Exhibit beginning on December 1, 2019, and completing these services by November 30,
2020. All such activities shall be provided in a manner which fully complies with all applicable
federal, state and local laws, statutes, rules and regulations, as are now in effect or hereafter
may be amended. The total amount of reimbursement pursuant to this Exhibit shall not exceed
$107,000 in King County Community Development Block Grant (CDBG) funds.
II. PROGRAM DESCRIPTION
The preservation of the housing of low- to moderate -income home owners through the
provision of funds to repair the existing stock of homes owned by low- to moderate -income
households.
A. Indicators
The number of unduplicated households who receive minor housing repair assistance
in the communities of Covington, Des Moines, SeaTac, and Tukwila.
B. Eligibility
1. Eligible clients shall have an annual gross family income that does not exceed
the Moderate Income limits based on the applicable Family Size in the following
2019 United States Housing and Urban Development (HUD) Income Guidelines
Table. Clients may self -certify in writing that their family income does not
exceed the applicable limit.
2019 HUD INCOME GUIDELINES
Median Family Income = $108,600
Effective April 24, 2019
30% MEDIAN 50% MEDIAN
80% MEDIAN
FAMILY
VERY LOW-
MODERATE -
SIZE
LOWINCOME INCOME
INCOME
1
$23,250 $38,750
$61,800
2
$26,600 $44,300
$70,600
3
$29,900 $49,850
$79,450
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4 $33,200
$55,350
$88,250
5 $35,900
$59,800
$95,350
6 $38,550
$64,250
$102,400
7 $41,200
$68,650
$109,450
8 $43,850
$73,100
$116,500
2. The definition of family shall include all persons living in the same household
who are related by birth, marriage or adoption and includes dependent children
living away from home. The definition of income includes all sources of income
required to be reported on Internal Revenue Service Form 1040.
3. Income guidelines may be adjusted periodically by HUD. The Contractor agrees
to use updated income guidelines that shall be provided by the County. The
County shall provide the updated guidelines to the Contractor electronically or
by hard copy.
4. Services provided with funding under this Exhibit may be limited to residents of
Covington, Des Moines, SeaTac, and Tukwila.
5. Services shall be provided on a first come, first served basis with safety and
health issues prioritized.
6. Eligible clients must have lived in their home for at least one year.
C. Definitions
Disabled person is an adult who has severe disabilities based on the Bureau of
the Census definition.
2. Elderly person is an individual who is 62 years or older.
3. Emergency repair includes activities that protect, repair or arrest the effects of
disasters, imminent threats or physical deterioration that pose an imminent
danger to life, health or safety.
4. Routine maintenance includes activities that merely keep a structure in good
operating condition; such activities do not add to the value of the structure,
appreciably prolong its useful life, or adapt it to new uses.
5. Unit of service is a minor home repair, measured by unique job or repair hours
that is undertaken in a client's home.
D. Program Requirements
The Contractor shall use CDBG funds to provide minor home repair services for low -
and moderate -income homeowners in the cities of Covington, Des Moines, SeaTac, and
Tukwila. Funds shall be focused on maintaining the safety and health of the occupants,
preserving the dwelling and/or conserving energy. These activities may include, but are
not limited to: earthquake preparedness, replacing broken switches, sockets, light
fixtures, repairing heat sources, repairing gutters and downspouts, replacing or repairing
faucets, toilets, sinks, drains, broken or leaky pipes and repairing minor roof leaks.
City of Tukwila Page 2 of 7 2019 Contract draft - Exh 11
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1. The Contractor agrees to serve, at minimum, the following unduplicated number of
households served under this Exhibit:
Number of unduplicated
households in:
Dec.
2019
Jan. -Mar.
2020
Apr. -Jun.
2020
Jul. -Sep.
2020
Oct. -Nov.
2020
Total
2019/2020
Tukwila
0
3
5
4
3
15
SeaTac
0
3
4
4
3
14
Des Moines
0
3
4
4
3
14
Covington
0
3
4
4
3
14
Cumulative:
0
12
17
16
12
57
2. The Contractor agrees to provide, at minimum, the following cumulative hours of
service:
Minor Home Repair
Hours in:
Dec.
2019
Jan. -Mar.
2020
Apr. -Jun.
2020
Jul. -Sep.
2020
Oct. -Nov.
2020
Total
2019/2020
Tukwila
0
9
9
9
9
36
SeaTac
0
9
9
9
9
36
Des Moines
0
9
9
9
9
36
Covington
0
9
9
9
9
36
Cumulative:
0
36
36
36
36
144
The funds provided under this Exhibit shall be used to pay for the costs associated
with the provision of these units of service.
3. Environmental Review Records
a. Minor Home Repair (MHR) city staff shall complete, sign and submit a Tier 3
Site Specific ER Review Request Form, and Lead Based Paint (LBP)
Checklist as applicable, for every individual job. Work may not start until HCD
staff has replied with ER approval and notice -to -proceed email.
b. The HCD ER Specialist (or alternate HCD staff) will review the Tier 3
Request. Based on the detailed job description, a determination will be made
as to whether the job is "maintenance" or "rehabilitation". Once the Checklist
is completed, the CD Coordinator will review and sign off. The HCD ER
Specialist will then transmit the completed ER record to the City with the
official determination as an attachment along with notice -to -proceed language
embedded in the in body of the approval email.
If any mitigation is required, it will be noted in the ER record and in the email
transmittal. The email transmittal is considered the `electronic signature' by
the transmitting party for purposes of moving the process forward.
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If the work contractor finds there is more work to be completed, he will contact
the City first and then the HCD ER Specialist to have the additional tasks
noted and reviewed on the ER Record. City staff will to advise the HCD ER
Specialist via e-mail of approval in change of scope for the obligation. If
additional work changes the `maintenance' determination to `rehabilitation', no
work will be completed until a full ER review has been completed and a new
Notice to Proceed issued.
4. Lead -Based Paint (LBP) Requirements
a. The Contractor shall complete the HCD Supplementary Lead Based
Paint Checklist for all repairs on houses built prior to 1978 and submit
copies to HCD Project Manager along with the Tier 3 ER Checklist, as
applicable.
b. The Contractor shall procure a neutral third party lead based paint
certified contractor hired specifically to assess LBP threshold
determinations (with the exception of those re -occurring activities that
have been pre -determined to not disturb paint).
The sub-contractor(s) shall not complete the LBP work on homes they
have assessed and shall refer his/her determinations back to the
Contractor to coordinate all LBP housing repairs and clearance through
King County HCD Staff.
C. The Contractor shall monitor job completion and LBP clearance of
housing units per Housing Repair LBP standards as set forth in the
Minor Home Repair Program Lead Based Paint Requirements and
Process.
d. If a project repair area is over de minimus and has children under the
age of six residing in the house, and is over $5,000 in repair value, the
project shall be referred to King County Housing Repair Program by
MHR Staff for assessment and completion.
In these instances, if the City makes the referral and desires to
continue funding the repair as a grant, it will be responsible for all
additional costs associated with addressing the repairs and the LBP.
The Housing Repair Program will bill the MHR Program for the
project in an amount adequate to cover all costs associated with the
repair and LBP activity. If the MHR Program runs out of funds
available for grant transfer referrals, the referrals will be assessed
for the traditional non -amortizing loan program through the
Consortium's Housing Repair Program, if desired by the client
through normal channels of intake, and general HRP process.
The estimated HCD cost associated with LBP review, testing,
determination and clearance has been determined to be no less
than 500 to cover associated travel and HRP staff time, but will be
itemized per project. Multiple tests might be necessary to complete
clearance of a project
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e. Lead Based Paint Records
The Contractor shall maintain records documenting compliance with
Regulations for Lead -Based Paint Poisoning Prevention in Certain
Residential Structures at 24 Code of Federal Regulations (CFR) Part 35.
Such records shall include, for each housing unit assisted under this
Contract:
Records evidencing that the housing repair was exempt pursuant to
24 CFR Part 35.115; or
ii. Records evidencing that the scope of the housing repair work did not
exceed the de minimus criteria at 24 CFR Part 35.1350(d) and that
the Contractor provided the required pamphlet to the occupants of
the housing unit pursuant to 24 CFR Part 35.910(b); or
iii. Records evidencing that the housing repair work was completed in
accordance with the procedures specified in 24 CFR Part 35,
Subpart J including provision of required notices, and performance
of evaluation and clearances.
5. Subcontracted Services
a. In addition to the requirements of Section XVI. of the Contract, the
Contractor shall execute written agreements with each Contractor with
which it subcontracts to provide services (hereinafter "Implementing
Agency") and shall incorporate into such subcontracts the provisions in
Section II.D., Program Requirements, of this Exhibit.
b. The Contractor shall invoice the County for due and payable invoices of
the Implementing Agency or for costs paid by the Contractor for goods,
materials or services already provided. The Contractor shall invoice the
County after the Implementing Agency has invoiced the Contractor. The
Contractor shall include a copy of the Implementing Agency's invoice
with its invoice submitted to the County. The Contractor shall ensure
that all costs for which the Implementing Agency requests
reimbursement are allowable in accordance with Office of Management
and Budget 2 Code of Federal Regulations (CFR) 230 or 2 CFR 225, as
applicable.
C. The Contractor shall monitor all subcontracted services on a regular
basis to assure contract compliance. Results of monitoring efforts shall
be summarized in written reports and supported with documented
evidence of follow-up actions taken to correct areas of noncompliance.
6. Copyright
If this Contract results in any copyrightable material, King County reserves the
right to royalty -free, nonexclusive and irrevocable license to reproduce, publish
or otherwise use and to authorize others to use, the work for governmental
purposes.
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7. Public Information
All marketing materials, news releases and other public notices related to
projects funded under this Agreement shall include information identifying the
source of funds as the King County Community Development Block Grant
Program.
III. COMPENSATION AND METHOD OF PAYMENT
A. The Contractor shall apply the following CDBG funds in accordance with the Line Item
Budget below. The total amount of reimbursement pursuant to this Exhibit shall not
exceed $107,000.
CDBG Funds
King County CDBG Funds -South Sub -Region
$ 107,000
B-19-UC-53-0001 Total CDBG Funds:
$ 107,000
2. Line Item Budget
Capital Outlay (Construction Contracts, Materials)
$107,000
Personnel (provide detail below) and Project Management
$0
Total CDBG Funds:
$107,000
B. Billing Invoice Package
The Contractor shall submit a Billing Invoice Package every three months that
consists of an invoice statement and other reporting requirements as stated in
Section IV., REPORTING REQUIREMENTS, of this Exhibit in a format approved by
the County. All required reports shall accompany the invoice statement in order to
receive payment. Work done in December 2019 must be invoiced by January 15,
2020.
2. All required reports must accompany the invoice statement in order to receive
payment. The Contractor shall submit invoices to the County in the form of a CDBG
Program Voucher Reimbursement Request form. Such forms shall be signed by an
authorized representative of the Contractor and shall be accompanied by copies of
supporting documents.
3. The Billing Invoice Package is due within 20 working days after the end of the three
month term.
4. The final invoice and reports shall be submitted no later than December 20, 2020.
C. Method of Payment
1. The County shall reimburse the Contractor on a quarterly basis for actual
expenditures in accordance with the Line Item Budget in Section III.A.
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2. Payment to the Contractor may be withheld for any quarter in which the Contractor
has not submitted the reports specified in Section IV., REPORTING
REQUIREMENTS, of this Exhibit, or in which said reports are incomplete.
3. The Contractor shall advise the County quarterly of any changes in revenues from
sources other than the County that are used to provide the services funded under
this Exhibit. The Contractor agrees to re -negotiate performance requirements if the
County determines that such changes are substantial.
IV. REPORTING REQUIREMENTS
The Contractor shall submit electronically the following data reports in a format and to an
address provided by the County.
A. The Contractor shall maintain completed Environmental Review Forms from the
King County Environmental Review Specialist, and place a photocopy with client's
applications for repairs in the Contractor's Minor Home Repair Program file.
B. The Contractor shall submit with each invoice a completed Project Activity Report
Form, in a format provided by the County. Each Project Activity Report shall include
a narrative with an explanation if actual services are less than 90 percent of the
cumulative minimum service requirements as stated in Section II. D.1. of this
Exhibit.
C. The Contractor shall use the following methods to measure the indicator specified in
Section II.D.1. of this Exhibit: Number of unduplicated households served.
D. The Contractor shall submit with the final invoice a completed Project Funding
Report form itemizing all funding used for the project, in a format provided by the
County.
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116
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by Mayor - review Coe nazl re iew
11/18/19 MD nR
ITEM INFORMATION
ITEM NO.
4.G.
S'I'AI�F SPONSOR: JACK PACE
OItIGINAI, AGIiND,A DATE:
AGI?NDA I'I'FM TrrLI, Appointment of the Hearing Examiner for the City of Tukwila
CV'I'I?GORY ® Discussion
Mt g Date 11/18/19
❑ Motion
Mtg Date
® Resolution
A4tg Date 11/IB/19
❑ Ordinance
All Date
❑ BidAward
l Ltg Date
❑ Public Hearing
All Date
❑ Other
All Dale
SPONSOR ❑Council ❑Mayor ❑HR ®DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PW ❑Court
SPONSOR'S Resolution appointing Sound Law Center LLC, as the City's Hearing Examiner
SUMMARY
RI?vii,1WH'D BY ❑ C.O.W. mtg. ® CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastruct Lire ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/13/19 CONIMITTEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
C0A4M1'I'1'1;1; Unanimous approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPI:NDITURI': RI'QUIRliD AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
11/18/19
Informational Memorandum dated 11/05/19
Contract with Sound Law Center LLC
Resolution
Minutes from the CDN Committee meeting of 11/13/19 (distributed separately)
117
118
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development and Neighborhood Committee
FROM: Jack Pace, Director Community Development
BY: Minnie Dhaliwal, Deputy Director Community Development
CC: Mayor Ekberg
DATE: November 5, 2019
SUBJECT: Hearing Examiner for Tukwila
ISSUE
Appointment and approval of the Hearing Examiner for Tukwila.
BACKGROUND
The hearing examiner is a decision maker for land use matters such as variances, conditional
use permits and preliminary plats. The hearing examiner also presides over other matters such
as appeals of land use decisions, code enforcement matters, business license appeals, ethics
complaints, commercial parking tax appeals and police forfeiture hearings.
Tukwila has contracted with the City of Seattle for hearing examiner services since 2005. The
City of Seattle has notified Tukwila that they are unable to continue providing these services
under the interlocal agreement due to the City of Seattle's own workload.
DISCUSSION
The office of Hearing Examiner was established by Tukwila City Council in 1997. Per Tukwila
Municipal Code Chapter 2.76, the Hearing Examiner shall be appointed by the Mayor and
approved by the City Council.
After receiving notification from the City of Seattle that they are unable to provide these services
the Department of Community Development started searching for an alternate hearing examiner
and selected Sound Law Center, LLC, as a potential consultant to provide hearing examiner
services for Tukwila. Sound Law Center, LLC, has extensive experience in providing similar
services to many other local cities. They currently serve over 30 jurisdictions in Western
Washington, including: Burien, Des Moines, Issaquah, Kent, Shoreline. Additionally, they have
multiple attorneys trained to perform land use hearings which can help avoid scheduling or
conflict of interest issues. The fees charged by Sound Law Center LLC are similar to those
charged by the Seattle's Hearing Examiner, and it is desirable to have one contract as opposed
to multiple contracts with different hearing examiners. The contract with Sound Law Center, LLC
is attached.
The rules and procedures to follow when hearing matters shall be adopted administratively in
coordination with review by the City Attorney and affected City departments. These rules shall
supersede the City of Seattle Hearing Examiner's rules previously adopted by Tukwila City
Council Resolution No. 1578.
119
INFORMATIONAL MEMO
Page 2
FINANCIAL IMPACT
Hearing Examiner costs are either covered as permit application fees or treated as a pass
through to the applicant.
RECOMMENDATION
The Council is being asked to adopt the resolution appointing Sound Law Center LLC as the
City's Hearing Examiner and consider this item at the November 18, 2019, Regular Meeting
consent agenda.
ATTACHMENTS
Contract with Sound Law Center LLC
Resolution
120
19-126
City of Tukwila Contract Number: Council Approval NIA
6200 Southcenter Boulevard, Tukwila WA 98188 E D
CONSULTANT AGREEMENT FOR AVG 13 2019
HEARING EXAMINER SERVICES Coll) rr;unity
Developrrient
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and Sound Law Center, LLC hereinafter referred to as "the Consultant", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the City to perform on -call Hearing
Examiner services.
2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, including the provision of all labor, materials, equipment and supplies,
3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and
effect for a period commencing upon execution and ending July 1, 2022, unless sooner
terminated under the provisions hereinafter specified. At the expiration of the initial term of
this Agreement, this Agreement shall be automatically extended for an additional six (6)
month term, unless this Agreement is terminated by either party.
4. Payment. The Consultant shall be paid by the City for completed work and for services
rendered under this Agreement as follows:
A. The City shall pay Consultant as set forth in Exhibit A for the services described in this
Agreement.
B. Consultant shall submit a payment invoice to the City after such services have been
performed, and the City shall make payment within thirty (30) days after the submittal of
the approved invoice. Each invoice shall describe the tasks performed and a total of the
hours involved in providing services.
C. If the City objects to all or any portion of any invoice, it shall so notify Consultant of the
same within Five (5) days from the date of receipt and shall pay that portion of the
invoice not in dispute. The parties shall immediately make every effort to settle the
disputed portion of the invoice
D. Payment as provided in this section shall be full compensation for work performed,
services rendered, and for all materials, supplies, equipment and incidentals necessary
to complete the work.
E. The Consultant's records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City and the state of Washington for a
period of three (3) years after final payments. Copies shall be made available upon
request.
5. Ownership and Use of Documents, All documents, drawings, specifications and other
materials, including electronic stored information, (collectively, "Documents") produced by
the Consultant in connection with the services rendered under this Agreement shall be the
property of the City whether the project for which they are made is executed or not. Within
thirty (30) days of rendering a decision in any matter, Consultant shall remit all Documents to
the City. The Consultant shall be permitted to retain copies, including reproducible copies, of
Documents for information, reference and use in connection with the Consultant's
121
endeavors. The Consultant shall not be responsible for any use of the said Documents by
the City on any project other than the project specified in this Agreement.
6. Compliance with Laws. The Consultant shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services rendered under this Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the City, its 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 Consultant in performance of this Agreement, except for injuries and
damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24A 15, 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
Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's
liability hereunder shall be only to the extent of the Consultant's negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the
Consultant'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.
8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from
or in connection with the performance of the work hereunder by the Consultant, its agents,
representatives, or employees. Consultant's maintenance of insurance as required by the
agreement shall not be construed to limit the liability of the Consultant to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at
law or in equity.
A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the
types and with the limits described below.-
1 . Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of $1,000,000 per accident. Automobile Liability
insurance shall cover all owned, non -owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance wit'r, limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named as an insured under the
Consultant's Commercial General Liability insurance policy with respect to the
work performed for the City,
3. Workers' Compensation coverage as required by the Industrial Insurance laws of
the State of Washington.
4. Professional Liability with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit. Professional Liability insurance shall be
appropriate to the Consultant's profession.
B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial
General Liability insurance policies are to contain or be endorsed to contain that they
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122
shall be primary insurance with respect to the City. Any insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Consultant's
insurance and shall not be contributed or combined with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M_
Best rating of not less than A: VII.
D. Verification of Coverage. Consultant shall furnish the City with original certificates and
a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work. Certificates of coverage and
endorsements as required by this section shall be delivered to the City within fifteen (15)
days of execution of this Agreement.
E. Notice of Cancellation. The Consultant shall provide the City with written notice of any
policy cancellation, within two business days of their receipt of such notice.
F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the City
may, after giving five business days' notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance
and pay any and all premiums in connection therewith, with any sums so expended to be
repaid to the City on demand, or at the sole discretion of the City, offset against funds
due the Consultant from the City.
9. Independent Contractor. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement,
Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded City employees by virtue of the services
provided under this Agreement. The City shall not be responsible for withholding or
otherwise deducting federal income tax or social security or for contributing to the state
industrial insurance program, otherwise assuming the duties of an employer with respect to
the Consultant, or any employee of the Consultant.
10, Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant, any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warrant, the City shall have the right to annul this contract without liability, or in its discretion
to deduct from the contract price or consideration, or otherwise recover, the full amount of
such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under
this Agreement, will not discriminate on the grounds of race, religion, creed, color, national
origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political
affiliation or the presence of any disability in the selection and retention of employees or
procurement of materials or supplies.
12. Assignment, The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
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123
14. Termination.The City shall have the option to terminate this Agreement at any time, with or
without cause. Termination shall be effective after thirty (30) days upon delivery of written
notice to the Consultant. The Consultant shall have the option to terminate this Agreement
after sixty (60) days upon delivery of written notice to the City, unless the City determines the
Consultant can be released from the contract prior to sixty days.
In the event of termination, the City shall only be responsible to pay for all services
satisfactorily performed by Consultant to the effective date of termination. The Director of
Community Development shall make the final determination about what services have been
satisfactorily performed which decision shall be final, binding and conclusive.
15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the
Consultant shall at all times comply with, all applicable federal, state and local laws,
regulations, and rules, including the provisions of the City of Tukwila Municipal Code and
ordinances of the City of Tukwila. 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 properly laid in King County, Washington. The prevailing party in
any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action
arising from or related to this Agreement shall be exclusively in King County Superior Court,
16. 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.
17, Notices. All communications regarding this Agreement shall be sent to the parties at the
addresses listed below. Any written notice hereunder shall become effective as of the date
of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the
addressee at the address stated in this Agreement or such other address as may be
hereafter specified in writing.
Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
Sound Law Center, LLC
Andrew Reeves, Managing Attorney
4500 9th Ave, NE Suite 300
Seattle, WA 98105
18. Entire Agreement; Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. No
amendment or modification of this Agreement shall be of any force or effect unless it is in
writing and signed by the parties.
19. Non -Waiver of Breach.
The failure of the City to insist upon strict performance of any of the covenants and
agreements contained herein, or to exercise any option herein conferred in one or more
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instances shall not be construed to be. a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
DATED this
CITY OF TUKWILA
�-1 day of I'y`'USt , 20
Allan Ekberg, Mayor S 11 (tom
Attest/Authenticated:
City�'Clerk, Christy O'Flaherty
CONSULTANT
By:
Printed Name:��
Title: �" T
Approved as to Form:
Office of the City Attorney
Wes' TSoMi!q *Izlq l
Page 5
125
EXHIBIT A
SERVICES AGREEMENT
This conforms to the agreement between the City of Tukwila and Sound Law Center, LLC, for
Hearing Examiner services.
A. The services provided by Sound Law Center, LLC will consist of the following:
The Hearing Examiner shall provide those services and fulfill those duties as identified in the City's
ordinances relating to the Hearing Examiner, and carry out such other responsibilities as may be
agreed to between the City and the Hearing Examiner. Those services, duties and responsibilities
include preparing Rules of Procedure; preparing for land use hearings by reviewing files and
applicable laws; conducting site views of properties that are the topic of a land use hearing;
conducting hearing on appeals; and preparing a written decision including findings and conclusions
on all applications and appeals heard. The Hearing Examiner shall also be available to present to
the City Council and staff training sessions on land use law and procedures as well as to provide
updates on the law affecting land use hearings if requested. Andrew Reeves will serve as the
primary Hearing Examiner, with Ted Hunter and Lee Raaen also available to serve if needed, as
well as other members of SLC approved by the City.
B. The work of the Hearing Examiner will be scheduled by the staff of the City's Department of
Community and Economic Development-
C. The City agrees to pay Sound Law Center, LLC for services performed in accordance with
the following hourly billing rates:
Hearing Examiner Services -$175 per hour
The hourly rate is the sole and total compensation to be paid to the Consultant for those services
described in Section A of the Services Agreement (Exhibit A). Sound Law Center does not assess
additional charge for mileage, travel time, copies, or other direct costs or other expenses incurred by
SLC when providing services.
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i
1 J Lj U i LlJI
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING RESOLUTION NO.
1578; APPOINTING SOUND LAW CENTER, LLC, AS THE
CITY'S HEARING EXAMINER PURSUANT TO TUKWILA
MUNICIPAL CODE CHAPTER 2.76 TO PRESIDE OVER
HEARINGS RELATED TO LAND USE, CODE ENFORCEMENT,
POLICE FORFEITURES, AND OTHER MATTERS AS
SPECIFIED IN THE TUKWILA MUNICIPAL CODE.
WHEREAS, on May 5, 1997, the City Council passed Ordinance No. 1796,
establishing the office of Hearing Examiner; and
WHEREAS, the City of Tukwila uses the Hearing Examiner for presiding over
matters such as land use hearings under Tukwila Municipal Code (TMC) Titles 17, 18,
19 and 21; code enforcement appeals under TMC Chapter 8.45; police forfeiture
hearings under TMC Title 8; ethics complaints under TMC Chapter 2.95; commercial
parking tax appeals under TMC Chapter 3.48; and business license appeals under TMC
Chapter 5.04; and
WHEREAS, the City of Tukwila contracts for the services of Hearing Examiner; and
WHEREAS, the City of Tukwila has contracted with the City of Seattle's Hearing
Examiner since 2005, and the City of Seattle has notified Tukwila they are unable to
continue providing these services due to the City of Seattle's own workload; and
WHEREAS, pursuant to TMC Section 2.76.010, "...Hearing Examiner shall mean
any person appointed by the Mayor, and approved by the City Council, for the purpose
of presiding over appeals and other matters..."; and
WHEREAS, pursuant to TMC Section 2.76.020, "The Hearing Examiner shall have
the powers and duties assigned to that office by ordinance"; and
WHEREAS, the Department of Community Development selected Sound Law
Center, LLC, as a potential consultant to provide hearing examiner services, as the firm
has extensive experience in providing similar services to many other local cities, has
multiple staff members to assist, the fees charged are similar to what Tukwila paid
Seattle's Hearing Examiner, and it is desirable to have one contract as opposed to
multiple contracts with different hearing examiners; and
W:\Legislative Development\Hearing Examiner —Sound Law Center 10-31-19
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127
WHEREAS, Sound Law Center, LLC, has entered into a contract with the City of
Tukwila to provide services as a Hearing Examiner for the City of Tukwila; and
WHEREAS, the City Council wishes to designate Sound Law Center, LLC, as
Hearing Examiner for the City of Tukwila; and
WHEREAS, to allow for efficient and effective operations, the City Council desires
to authorize Sound Law Center, LLC, to administratively adopt rules of procedure to
follow when hearing matters on behalf of Tukwila in coordination with review by the City
Attorney and affected City departments; and such rules of procedure shall supersede
the City of Seattle Hearing Examiner's rules previously adopted by Tukwila City Council
Resolution No. 1578;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Resolution 1578 Repealed. The City Council hereby repeals
Resolution No. 1578 in its entirety.
Section 2. Appointment of Hearing Examiner. The City Council of the City of
Tukwila, Washington, hereby appoints Sound Law Center, LLC, as the office of the
City's Hearing Examiner to preside over land use, code enforcement, police forfeitures,
and other matters as specified in the Tukwila Municipal Code. The Hearing Examiner is
authorized to administratively adopt rules of procedure in coordination with review by
City departments.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Kathy Hougardy, Council President
Filed with the City Clerk:_
Passed by the City Council:
Resolution Number:
W:\Legislative Development\Hearing Examiner —Sound Law Center 10-31-19
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COUNCIL AGENDA SYNOPSIS
nitials
Meetirz Date Pre aced G Mayor' rea�ieW Council rev' W
11/18/19 JD ,j
ITEM INFORMATION
ITEMNO.
S'I'Al,'F SPONSOR: RICK STILL
ORIGINA], A(, I?NDA DA'1'I?: 11/18/19
AGENDA I'n;1,NI Trrl,i, Community Center Security Camera Video System Replacement
CA'1'13GORY ® Discussion
Aitg Date 11/13/19
❑ Motion
A1tg Date
❑ Resolution
Altg Dnte
❑ Ordinance
Dftg Date
❑ Bid Award
Altg Dale
❑ Public Hearing
A91g Date
❑ Other
Mt Date
SPONSOR ❑Council ❑Mayor 014R ❑DCD ❑Finance ❑Fire ❑TS ®PZrR ❑Police ❑PI!" ❑Court
SPONSOR'S The current security camera video system failed in September 2019 and is too old to repair
SU'NI1\IARY and now must be replaced.
RI:\11R,wi-'I) BY ❑ C.O.W. Mtg. ® CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/13/19 COMMI"I""TEE CHAIR: QUINN
RECOMMENDATIONS:
SPONSOR/ADI\IIN. Parks & Recreation Department
CONIN11'rl'I'",, Unanimous approval; Forward to Regular Meeting Consent Agenda
COST IMPACT / FUND SOURCE
EXPLNDI"1'URI? RI?QUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$70,000 $0 $0
Fund Source: PARKS & RECREATION BUDGET
Comments: Expentiture will be absorbed in the current P&R budget through other expenditure savings
MTG. DATE
RECORD OF COUNCIL ACTION
11/18/19
MTG. DATE
ATTACHMENTS
11/18/19
Informational Memorandum dated 11/6/19
Minutes from the 11/13 CDN Committee meeting (separately distributed
129
130
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development & Neighborhoods
FROM: Rick Still, Parks & Recreation Director
BY: John Dunn, Recreation Superintendent
CC: Mayor Ekberg
DATE: November 6, 2019
SUBJECT: Tukwila Community Center Security Camera Video System Replacement
ISSUE
The original security camera video system (security system) encountered a system failure in
September 2019. Multiple attempts have been made to bring it back online with no success. It
is too old to repair and must now be replaced.
BACKGROUND
The current security system is used to monitor the 48,000 square foot Tukwila Community
Center (TCC) and surrounding grounds and parking lot. Staff use this in real time to monitor
activities and patrons to ensure safety and security of the patrons, staff, and facilities. In
addition, the system is used to investigate thefts, break-ins, and other criminal or suspicious
activities. The original system consisted of ten interior cameras and six exterior cameras.
DISCUSSION
Although the original system coverage was helpful, there were areas without coverage that
proved to be a frustration on multiple occasions. After the system went down in September, staff
met with security system representatives to identify a replacement option that would meet the
needs of the facility and staff. As part of this research, Parks & Recreation staff are meeting with
Police personnel to install cameras in various park locations as well. It has been recommended
that the outside cameras for TCC be on the same system as other park cameras. This will allow
the Police Department to have access to all the parks and TCC exterior cameras on one
system. This part of the research is still in process.
Additionally, be moving the exterior cameras off the TCC interior system and onto the parks
system, that will provide the opportunity to improve coverage inside. This new system will cover
TCC's interior needs by replacing the current server, cameras, and adding nine additional
cameras.
FINANCIAL IMPACT
The final cost estimate will be provided at the Community Development & Neighborhoods
meeting on November 13, 2019. However, based on preliminary estimates staff have received,
the cost will not exceed $70,000. This expenditure will be funded in the Parks & Recreation
budget through cost savings in other spending areas.
RECOMMENDATION
The Committee is being asked to forward the approval of this unbudgeted purchase to Consent
Agenda on the November 18, 2019 Regular City Council Meeting.
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132
COUNCIL AGENDA SYNOPSIS
nitials
iWeetin Date
Prepared by
Mayor' review
Council review
11/12/19
VC
cd/X C
11/18/19
VC
ewlc
ITEM INFORMATION
ITEM NO.
5.A.
S'F AFF SPONSOR: VICKY CARLSEN
0 R I G IN,I1. AG f?NDA D:A n,': 11/12/19
AGENDA I'I'li\4 Trr1,E Approve property tax ordinances for 2020 property tax levy.
CATEGORY ® Dis,ws ion
Ali Date 11/12/19
❑ Motion
Mtg Date
❑ Resolution
11tg Date
® Ordinance
g Date 11118119
Aft
❑Bid -Axanl
Mtg Date
® Public Hearing
Rltg Date 11/12/19
❑ Otl)er
hftg Date
SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ®Finance [—]Fire ❑TS ❑P6—R ❑Police ❑PIY/ ❑Court
SPONSOWS The Council is being asked to approve two property tax ordinances for the 2020 property
SURIMARY tax levy - one to authorize the levy and the second to approve an increase in the levy from
the previous year.
REVIUAX'ED BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 10/28/19 COMMITTEE CHAIR: MCLEOD
RECOMMENDATIONS:
SI'ONSOIZ/ADX"IIN. Finance Department
CO`IXIrrrEl: Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPI',NDI"1'UIZI? Rf?Qt1IR1?D AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/12/19
11/18/19
MTG. DATE
ATTACHMENTS
11/12/19
Informational Memorandum dated 10/23/19
Draft Ordinances
Preliminary Levy Limit Worksheet
Minutes from the 10/28 Finance Committee Meeting
11/18/19
Final Ordinances
133
134
0
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, INCREASING THE CITY OF
TUKWILA REGULAR LEVY FROM THE PREVIOUS YEAR,
COMMENCING JANUARY 1, 2020, ON ALL PROPERTY,
BOTH REAL AND PERSONAL, IN COMPLIANCE WITH
RCW 84.55.120; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila has properly given notice of a public hearing held on
November 12, 2019, pursuant to RCW 84.55.120; and
WHEREAS, after such hearing and after duly considering all relevant evidence and
testimony presented, the City Council has determined that in order to discharge its expected
expenses and obligations the City requires an increase in property tax revenue from the
previous year, in addition to the increase resulting from the addition of new construction and
improvements to property and any increase in the value of State -assessed property; and
WHEREAS, the City Council has determined it is in the City's best interest and
necessary to meet its expenses and obligations for the property tax revenue to be increased
for 2020, and the final assessed valuation calculation has been determined.,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. An increase in the regular property tax levy, in addition to any amount
resulting from the addition of new construction and improvements to property and any
increase in the value of State -assessed property, is hereby authorized for the 2020 levy in
the amount of $121,179, which is a percentage increase of 0.76% from the previous year.
This increase is exclusive of additional revenue resulting from new construction,
improvements to property, any increase in the value of State -assessed property, any
annexations that have occurred and refunds made.
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135
Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City
Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
January 1, 2020.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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136 AW:bjs Page 2 of 2
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, LEVYING THE GENERAL TAXES
FOR THE CITY OF TUKWILA IN KING COUNTY FOR THE
FISCAL YEAR COMMENCING JANUARY 1, 2020, ON ALL
PROPERTY, BOTH REAL AND PERSONAL, IN SAID CITY, THAT
IS SUBJECT TO TAXATION FOR THE PURPOSE OF PAYING
SUFFICIENT REVENUE TO CARRY ON THE SERVICES OF THE
SEVERAL DEPARTMENTS OF SAID CITY FOR THE ENSUING
YEAR, WITH AN EXCESS PROPERTY TAX LEVY FOR THE
PURPOSE OF PAYING DEBT SERVICE ON THE CITY'S
UNLIMITED TAX GENERAL OBLIGATION BONDS ISSUED IN
2016 AND 2019, AS REQUIRED BY LAW; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Tukwila has considered the City's anticipated
financial requirements for 2020 and the amounts necessary and available to be raised by
ad valorem taxes on real, personal and utility property; and
WHEREAS, the following sentence is provided for information only.. The maximum
Statutory Levy Rate for the City of Tukwila, as allowed by RCW 84.52.043, is $3.825, which
includes $0.225 for the Firemen's Pension Fund as allowed by RCW 41.16.060; and
WHEREAS, the City, pursuant to Ordinance No. 2514, passed on November 21, 2016,
authorized the issuance and sale of $36,500,000 principal amount of the City's Unlimited
Tax General Obligation Bonds, 2016; and pursuant to Ordinance No. 2610, passed on July
15, 2019, authorized the issuance and sale of $40,885,000 principal amount of the City's
Unlimited General Obligation Bonds, 2019 (together, the "Bonds"); and has determined that
to provide the money necessary to pay the debt service requirements on the Bonds in the
year 2020, an excess property tax levy in the amount of $3,450,000 for the Bonds must be
levied in year 2019, and collected in year 2020; and
WHEREAS, the final assessed valuation calculation has been determined;
W: Word Processing\Ordinances\General Tax Levy + Excess Levy 10-21-19.doc
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137
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regular and Excess Tax Levy.
A. There shall be and hereby is levied on all real, personal and utility property in the
City of Tukwila, in King County, whose estimated assessed valuation is $7,329,542,191,
current taxes for the ensuing year commencing January 2020, in the amounts specified
below:
Rate Amount
Regular Tax Levy $2.24 $16,800,000
Excess Tax Levy $0.47 $ 3,450,000
B. The said taxes herein provided for are levied for the purpose of payment upon the
general bonded indebtedness of the City of Tukwila, the General Fund, and for the
maintenance of the departments of the municipal government of the City of Tukwila for the
fiscal year beginning January 1, 2020. The regular tax levy includes new construction and
improvements to property, estimated to be $325,240, a re -levy of prior year refunds in the
amount of $14,104, and any increase in the value of state -assessed property.
C. The excess levy is levied for the purpose of debt service payments on the
unlimited tax obligation bonds sold to finance costs related to the City's Public Safety
Plan, as submitted to the qualified electors of the City at a special election held on
November 8, 2016.
Section 2. Collection. This ordinance shall be certified to the proper County officials,
as provided by law, and taxes here levied shall be collected to pay to the Finance Director
of the City of Tukwila at the time and in the manner provided by the laws of the State of
Washington for the collection of taxes for non -chartered code cities.
Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City
Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force and effect
January 1, 2020.
W: Word Processing\Ordinances\General Tax Levy + Excess Levy 10-21-19.doc
138 AW:bjs Page 2 of 3
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
W: Word Processing\Ordinances\General Tax Levy + Excess Levy 10-21-19.doc
AW:bjs Page 3 of 3
139
140
COUNCIL AGENDA SYNOPSIS
---1Laitialr--------------------------------- I ITEM NO.
Meeting Date
Prepared by
Ma v r'.r review
Council review
11/12/19
JP
C_
11/18/19
JP
3iwc
ITEM INFORMATION
5.B.
S'1'A I` SPONSOR: JUAN PADILA
ORIGIN:\LAGL ND.\ DA'1'I?: 11/12/19
AGENDA I TrrI,I? Non -Represented Employees' Compensation
CATGGOIZY ® Discussion
D4tg Date 11/12/19
® Motion
A1tg Date 11118119
❑ Resolution
Mtg Date
❑ Ordinance
hltg Date
❑ Bidflavard
Mtg Date
❑ Public Heanng
Mtg Date
❑ Other
Aitg Date
SPONSOR ❑Counczl ❑Mayor ®HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PIh ❑Court
SPONSOWS Discussion and consideration of Non -represented wages and benefits for 2020. Seeking
SUMMARY Council approval for a 1.53% across the board wage adjustment; longevity change for
Police Chief and Deputy Police Chief to eliminate internal wage compression; and funding
to conduct a Request for Proposals (RFP) for a new market -based classification and
compensation system for non -represented positions.
RL',V1L:\X7I D BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 10/28/19 COMMITTEE CHAIR: MCLEOD
RECOMMENDATIONS:
S110NsoR/ADD11N. Human Resources
COMM""rl' " Uanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPL:NDI'1'Uiu: RI?OUIIZI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/12/19
11/18/19
MTG. DATE
ATTACHMENTS
11/12/19
Informational Memorandum updated 10/23/19 with attachments
Draft Resolution
Minutes from the 10/28 Finance Committee Meeting
11/18/19
Final Resolution
141
142
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, UPDATING AND CLARIFYING THE
NON -REPRESENTED EMPLOYEES' COMPENSATION AND
ADOPTING THE NON -REPRESENTED SALARY SCHEDULE
AND BENEFITS SUMMARY, EFFECTIVE JANUARY 1, 2020.
WHEREAS, per Resolution No. 1951, the City Council made a determination to
review the non -represented compensation for even -numbered years and provide cost -of -
living adjustments (COLAs) in odd -numbered years, and a market study was conducted
in 2019; and
WHEREAS, the market data and subsequent Decision Band Method (DBM)
regression analysis revealed that the positions banded between B21 and C42 were over
market by more than 10% and that position F102 was under market by 4.44%; and
WHEREAS, City Administration recommends a 1.53% across the board increase to
the Non -Represented Salary Structure effective January 1, 2020 to maintain internal
equity with represented groups, authorization for funding to pursue and procure a market
based non -represented compensation system and authorization for longevity increases
for the Police Chief and Deputy Police Chief to eliminate internal compression;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Non -Represented Wage Plan.
A. The 2020 wage schedule for non -represented employees shall increase by
1.53%across the board, and the Police Chief and Deputy Police Chief shall adopt the
same longevity scale as the Police Commanders to eliminate internal compression.
B. In addition, during the first quarter of 2020, City Administration will conduct a
Request for Proposal (RFP) for a new market -based classification and compensation
system for non -represented staff.
w:\Legislative Development\Non-Represented Employees Compensation-2020 11-1-19
JCP:bjs Review and analysis by Barbara Saxton Page 1 of 2
143
Section 2. Non -represented Salary Schedule, Benefits Summary and Longevity
Pay Plans.
A. The "Non -Represented Salary Schedule — 2020," Attachment A hereto, is
approved, effective January 1, 2020.
B. The "Non -Represented Employee Benefits — 2020," Attachment B hereto, is
approved, effective January 1, 2020.
C. The "Longevity Pay Plan for Non -Represented Employees — 2020," Attachment
C hereto, is approved, effective January 1, 2020.
D. The "Longevity Pay Plan for Police Management Positions (Police Chief and
Deputy Police Chief)," Attachment D hereto, is approved and effective January
1, 2020.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Attachments:
Kathy Hougardy, Council President
Filed with the City Clerk:_
Passed by the City Council:
Resolution Number:
- Attachment A, Non -Represented Salary Schedule — 2020
- Attachment B, Non -Represented Employee Benefits — 2020
- Attachment C, Longevity Pay Plan for Non -Represented Employees — 2020
- Attachment D, Longevity Pay Plan for Police Management Positions (Police Chief
and Deputy Police Chief)
w:\Legislative Development\Non-Represented Employees Compensation-2020 11-1-19
144 JCP:bjs Review and analysis by Barbara Saxton Page 2 of 2
Attachment A (Page 1 of 3)
City of Tukwila
Non -Represented Salary Schedule - 2020
Classification Title
Job Title
Office Technician
Human Resources Technician
Office S ecialist
Assistant to the Chief
Administrative Assistant
Deputy City Clerk
Assistant to the Director
Executive Coordinator
Executive Coordinator
Program Coordinator
Information Technology Systems Administrator
Management Coordinator
IF
Management Analyst
Council Analyst
Human Resources Analyst
Parks & Recreation Analyst
Public Works Analyst
Public Safety Analyst
Program Administrator
Economic Development Liaison
11 ITS stems Engineer
Project Manage
Community En a ement Mana er
Program Manager
Building Official
Communications/Government Relations Manager
Senior Manager Police Support Operations
Technology Integration Manager
Records Governance Manager/ CiClerk
Administrative Manager
Development Manager
Maintenance Operations Manager
Assistant Director
Deputy Community Development Director
Deputy Finance Director
Municipal Court Administrator
Department Manager
Assistant Fire Chief
11
Deputy Public Works Director/City Engineer
Department Administrator
11
Economic Development & Strategic Planning
Manager
Deputy Police Chief
Deputy Police Chief
ange
B21
B22
F
C41
C41
C42
C42
C43
C51
D61
D62
D63
D72
E81
j E82
145
Attachment A (Page 2 of 3)
City of Tukwila
Non -Represented Salary Schedule - 2020
Classification Title
Job Title
ange
Department Head
Human Resources Director
E83
DCD Director
Finance Director
Technology Services Director
Parks & Recreation Director
Department Director
Fire Chief
E91
Police Chief
Public Works Director
Deputy City Administrator
City Administrator
City Administrator IEEII
Title Table Revised: 09/23/2019
146
Attachment A (Page 3 of 3)
Non -Represented Salary Structure (Monthly) - 2020
2020
Non -Represented Salary Structure (Monthly)
DBM (Minimum)
Rating Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
A11
1 4,380
4,517
4,656
4,7921
4,928
Al2
4,727
4,878
5,028
5,1761
5,323
A13
5,086
5,242
5,402
5,5611
5,718
B21
5,312
5,511
5,713
5,9101
6,114
B22
5,658
5,870
6,083
6,2961
6,510
B23
5,999
6,225
6,451
6,6751
6,905
B31
1 6,297
6,573
6,848
7,1241
7,399
B32
1 6,799
7,097
7,396
7,6941
7,993
C41
7,004
7,282
7,562
7,8441
8,125
8,405
C42
7,397
7,695
7,991
8,2871
8,583
8,883
C43
7,727
8,036
8,347
8,6561
8,964
9,277
C51
7,978
8,335
8,694
9,0541
9,410
9,773
C52
8,528
8,911
9,295
9,6791
10,064
10,367
D61
1 8,437
8,858
9,281
9,705
10,126
10,545
D62
1 8,588
9,015
9,445
9,873
10,304
10,731
D63
8,888
9,333
9,778
10,224
10,668
11,111
D71
9,093
9,590
10,090
10,588
11,085
11,586
D72
9,543
10,063
10,586
11,106
11,630
12,152
E81
9,643
10,125
10,609
11,088
11,606
12,126
12,623
E82
9,998
10,500
11,000
11,5011
12,004
12,506
13,005
E83 1
10,291
10,808
11,320
11,8371
12,351
12,866
13,382
E91
10,650
11,183
11,716
12,251
12,783
13,317
13,850
E92
11,089
11,646
12,203
12,757
13,313
13,870
14,425
F101
11,536
12,112
12,688
13,268
13,8471
14,421
14,999
F102
11,688
12,272
12,858
13,445
14,0291
14,614
15,199
2020 salaries reflect 1.53%COLA.
147
Attachment B (Page 1 of 2)
Non -Represented Employee Benefits - 2020
Social Security (FICA): Social Security benefits shall be provided as contained in Section 2.52.010
of the Tukwila Municipal Code (TMC).
State -Wide Employee Retirement System (PERS): Retirement shall be provided as contained in
Section 2.52.020 of the TMC.
Holidays: Holidays shall be provided as contained in Section 2.52.030 of the TMC. An additional
floating holiday has been granted to each non -represented employee, for a total of 2 floating
holidays. Regular part-time employees shall be entitled to benefits on a pro-rata basis.
Sick Leave: Sick leave shall be provided as contained in Section 2.52.040 of the TMC. Regular
part-time employees shall be entitled to benefits on a pro-rata basis.
Medical Insurance: The City shall pay 100% of the 2020 premium for regular full-time employees
and their dependents under the City of Tukwila self -insured medical plan. In the event the
monthly premium increase is above 8% per year, the City's joint/labor management committee,
which includes a non -represented employee, shall meet and discuss changes in the self -insured
medical, dental, vision and prescription plan benefit levels in an effort to create plan savings so
the premium costs do not exceed the 8 %. Regular part-time employees shall be entitled to benefits
on a pro-rata basis. Employees who choose coverage under the Kaiser Permanente plan shall pay
the difference between the City of Tukwila plan full -family rate and the rate charged to them by
Kaiser Permanente.
Dental Insurance: The City shall provide 100% of the 2020 premium for the regular full-time
employees and all dependents under the City of Tukwila self -insured dental plan for dental
coverage. Regular part-time employees shall be entitled to the same benefits on a pro-rata basis.
Vision/Optical: The City shall provide 100% of the 2020 premium for the regular full-time
employees and all dependents under the City of Tukwila self -insured vision plan for vision
benefits. Benefits are provided to all non -represented regular full-time employees and their
dependents at the rate of $250 per person, to a maximum of $500 per family unit each year.
Regular part-time employees and their dependents shall be entitled to benefits on a pro-rata basis.
Life Insurance: For regular full-time employees, the City shall pay the premium for Plan C
(Multiple of annual earnings) or similar group life and accidental death and dismemberment
insurance policy. Said plan shall be at 100% of annual earnings rounded up to the next $1,000.
Regular part-time employees that work at least 20 hours per week shall be entitled to benefits on
a pro-rata basis (per insurance program requirements).
Disability Insurance: The City shall provide 100% of the premium for regular full-time
employees for a comprehensive long-term disability policy. Regular part-time employees that
work at least 20 hours per week shall be entitled to benefits on a pro-rata basis (per insurance
program requirements).
Health Reimbursement Arrangement/Voluntary Employee Benefit Association (HRA/VEBA):
VEBA benefits shall be provided as contained in Resolution No. 1445 and as amended.
UM
Attachment B (Page 2 of 2)
Non -Represented Employee Benefits - 2020
Vacation: Following the sixth month of continuous employment, annual vacation leave of six
full days (each day is calculated at eight hours, regardless of schedule worked) shall be granted.
Thereafter, an additional day of annual leave shall accrue each month, up to a total of 12 days.
Three additional days of annual leave shall be granted on the employee's anniversary date after
the third, fourth and fifth years. After six years, the employee shall be granted one day per year
additional annual leave to a maximum of 24 days per year. The maximum number of accrued
hours is 384 or 48 days. Annual leave shall accrue on the employee's anniversary date in
accordance with the following schedule:
NON -REP
YEAR
PAY PERIOD ACCRUAL
ANNUAL ACCRUAL
0-6 MONTHS
0.00
48
7-24 MONTHS
4.00
95
3
5.00
120
4
5.00
120
5
5.00
120
a"
5.34
128
7
.5.34
128
8
5.67
136
9
5.00
144
10
5.34
152
11
5.67
160
12
7.00
168
13
7.34
176
14
7.67
184
15
8.00
192
Regular part-time employees shall be entitled to benefits on a pro-rata basis.
Uniform Allowance: An annual uniform allowance of $650 shall be granted to the following
employees: Fire Chief, Assistant Fire Chief, Police Chief, Deputy Police Chief, and Senior
Manager Police Support Operations.
149
Attachment C
Longevity Pay Plan for Non -Represented Employees - 2020
The monthly longevity flat rates shall be as follows for regular full-time employees after the
completion of the number of years of full-time employment with the City set forth below. Regular
part-time employees shall receive longevity on a pro-rata basis.
Completion of 5 years
$ 75
Completion of 10 years
$100
Completion of 15 years
$125
Completion of 20 years
$150
Completion of 25 years
$175
Completion of 30 years
$ 200
150
Attachment D
Longevity Pay Plan for Police Management Positions (Police Chief,
Deputy Police Chief )
The monthly longevity percentage rates shall be as follows for the Police Chief and the Deputy
Police Chief.
Completion of 10 years
3 %
Completion of 15 years
5%
Completion of 20 years
7%
Completion of 25 years
10 %
151
152
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials
Meetin,g Date
Pre.pared by
Mayor's review
Council review
11/12/19
RB
11/18/19
RB
ITEM INFORMATION
ITEM NO.
5.C.
STAFF SPONSOR: RACHEL BIANCHI
ORIGINAL AGENDA DATE: 11/ 12/ 18
AGENDA ITEM Tr1'LE FIre Station 52 Mini-MACC2
CATEGORY ® Discussion
Mtg Date 11/12/19
® Motion
Mtg Date 11/18/19
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Mtg Date
❑ Public Hearing
Mt
g Date
❑ Other
lltg Date
SPONSOR ❑Council ®Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑Pll% ❑Court
SPONSOR'S Council is being asked to approve a contract amendment with Lydig Construction for
SUMMARY $9,227,381 for the mini-MACC 2 associated with Fire Station 52. This amount would cover
the remaining construction of Fire Station 52 and Alternate #1, the build -out of the Fire
Department's administrative space.
REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ® Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 11/4 COMMITTEE CHAIR: ROBERTSON
RECOMMENDATIONS:
SPONti()R/ADMIN. Administrative Services
COMMITTEE Forwarded to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPFNDn,uRI'', Ri,,oui L t) AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/12/19
Forward to next Regular Meeting
11/18/19
MTG. DATE
ATTACHMENTS
11/12/19
Informational Memorandum dated November 1, 2019
PowerPoint
Contract Amendment
Minutes from the 11/4 PS Committee Meeting
11/18/19
No attachments
153
154
COUNCIL AGENDA SYNOPSIS
---------------------Initials--------------------------------- I ITEMNO.
Meelii�g Date
Prepared by
Mayor's review
Council iew
11/12/19
LH
11/18/19
LH
ITEM INFORMATION
5.D.
S"I';AFFSPONS(m: LAUREL HUMPHREY
ORIGINALAGI:ND,\ Dxiv: 11/12/19
AGENDA IrL,\i TrrLC An ordinance regulating the use of bags at retail establishments to reduce pollution,
conserve energy, and encourage the use of durable reusable bags.
CATEGORY ®Discussion
Mtg Date 11/12/19
❑Motion
ll4tg Date
❑Resolution
A�Itg Date
®Ordinance
Mtg Date 11/18/19
❑BidAavard
Aft Date
®Public Hearing
D1tg Date 11/12/19
❑ Other
AItg Date
SPONSOR ®Council ❑Mayor []FIR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PIL" ❑Court
SPONSOWS Single -use plastics cause significant problems for our community, including harm to
SUMNiARY wildlife, clogging and contamination in recycling facilities, litter on roads and in
waterways, and more. Paper bags are an improvement because they are recyclable and
made from a renewable resource, but they still require resources and fuel to manufacture
and transport.To encourage the use of reusable carryout bags, the City Council is
considering legislation that would regulate the use of bags at retail stores.
RLvu_'7?D iiY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ® Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 10/21/19 COMMITTEE CHAIR: ROBERTSON
RECOMMENDATIONS:
SPONSOR/ADNIIN.
COMMI"1'1'1?I�,
COST IMPACT / FUND SOURCE
EXPENDi'mitL; Ri?ouiizi?D AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments: Cost impacts include staff time for outreach and enforcement, if passed,
MTG. DATE
RECORD OF COUNCIL ACTION
11/12/19
Forward to next Regular Meeting
11/18/19
MTG. DATE
ATTACHMENTS
11/12/19
Informational Memorandum dated 10/15/19
Draft Ordinance (updated after 10/21 PS Committee)
Presentation
Minutes from the 10/21/19 Public Safety Committee
11/18/19
Ordinance updated after 11/12 C.O.W.)
155
156
NOTE: Shaded text (on page 5) reflects change made per
Committee of the Whole on November 12, 2019.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REDUCING POLLUTION AND
PROMOTING ENERGY CONSERVATION BY REGULATING
THE USE OF BAGS AT RETAIL ESTABLISHMENTS, TO BE
CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 5.61;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the Washington State Legislature in RCW 70.95.010(6)(c) found that it
is the responsibility of city governments "to assume primary responsibility for solid waste
management and to develop and implement aggressive and effective waste reduction
and source separation strategies;" and
WHEREAS, plastic carryout bags are made of nonrenewable resources and can take
hundreds of years to break down into toxic particles which can seep into the soil,
waterways, lakes, and bays, posing a threat to animal life and the natural food chain, and
WHEREAS, while paper carryout bags are made of renewable resources, they
require significant resources to manufacture, transport and recycle or dispose of; and
WHEREAS, less reliance on single -use plastic and paper carryout bags contributes
toward the conservation of energy and natural resources while reducing greenhouse
gases and litter; and
WHEREAS, alternatives to single -use plastic and paper carryout bags are
convenient, functional, and widely available; and
WHEREAS, the City Council finds it to be in the best interest of the public health,
safety, and welfare of its community members to conserve resources, reduce greenhouse
gas emissions, waste, litter, and marine pollution, and to protect wildlife; and
WHEREAS, the City Council further finds it to be in the best interest of the public
health, safety, and welfare of its community members to reduce the use of single -use
plastic and paper carryout bags in the City of Tukwila;
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157
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Established. Tukwila Municipal Code Chapter 5.61, "Retail
Carryout Bags," is hereby established to read as follows:
CHAPTER 5.61
RETAIL CARRYOUT BAGS
Sections:
5.61.010
Definitions
5.61.020
Carryout Bag Regulations
5.61.030
Exemptions
5.61.040
Violation — Penalty
Section 2. Regulations Established. Tukwila Municipal Code (TMC) Section
5.61.010, "Definitions," is hereby established to read as follows:
5.61.010 Definitions
A. "Carryout bag" means any bag that is provided by a retail establishment at home
delivery or at the check stand, cash register, point of sale, or other point of departure to a
customer for use to transport or carry away purchases. Carryout bags do not include:
1. Bags used by consumers inside stores to:
a. Package bulk items, such as fruit, vegetables, nuts, grains, candy,
greeting cards, or small hardware items such as nails, bolts, or screws;
b. Contain or wrap items where dampness or sanitation might be a problem
including, but not limited to.-
(1) Frozen foods;
(2) Meat;
(3) Fish;
(4) Flowers; and
(5) Potted plants;
c. Contain unwrapped prepared foods or bakery goods;
d. Contain prescription drugs; or
e. Protect a purchased item from damaging or contaminating other
purchased items when placed in a recycled content paper carryout bag or reusable carryout
bag; or
f. Newspaper bags, door hanger bags, laundry/dry cleaning bags, or bags
sold in packages containing multiple bags for uses such as food storage, garbage, or pet
waste.
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158
B. "Recycled content paper bag" means a paper carryout bag that is:
Composed of a minimum of 40% post -consumer recycled material;
2. Accepted for recycling in curbside programs in a majority of households that
have access to curbside recycling programs in the City;
3. Capable of composting, consistent with the timeline and specifications of the
American Society of Testing and Material (ASTM) Standard D6400, as published in Master
Environmental Assessment on Single Use and Reusable Bags, March 2010, and
4. Printed with an exterior label indicating the minimum percentage of post -
consumer recycled content.
C. "Pass -through charge" means a charge to be collected by retailers from their
customers when providing recyclable paper bags and reusable carryout bags made of film
plastic, and retained by retailers to offset the cost of bags and other costs related to the
pass -through charge.
D. "Retail establishment" means any person, corporation, partnership, business,
facility, vendor, organization, or individual in the City of Tukwila that sells or provides
merchandise, goods or materials directly to a consumer. Retail establishment includes,
without limitation, any grocery store, supermarket, department store, hardware store,
pharmacy, liquor store, restaurant, catering truck, home delivery, convenience store,
gasoline station, temporary stores, and any other retail store or vendor, including temporary
ones at farmers markets, street fairs, and festivals.
E. "Reusable bag" means a carryout bag made of cloth, or other durable material, with
handles that is specifically designed and manufactured for long-term multiple reuse and
meets the following requirements:
1. Has a minimum lifetime of 125
means the capability of carrying a minimum
least 175 feet,
uses, which for purposes of this subsection,
of 22 pounds 125 times over a distance of at
2. Is machine washable or made from a durable material that can be cleaned or
disinfected; and
3. If made of film plastic, is a minimum of at least two and one-fourth mils thick.
F. "Single -use plastic bag" means any carryout bag that is less than two and one-
fourth (2.25) mils thick and is designed and suitable only to be used once and disposed.
Section 3. Regulations Established. TMC Section 5.61.020, "Carryout Bag
Regulations" is hereby established to read as follows:
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159
5.61.020 Carryout Bag Regulations
A. Except as provided in TMC Sections 5.61.020 and 5.61.030, a retail establishment
may not provide to a customer:
A single -use plastic bag; or
2. A paper carryout bag with a manufacturer's stated capacity of one -eighth barrel
(882 cubic inches) or larger that is not a recycled content paper bag.
B. A retail establishment may provide a recycled content paper carryout bag or
reusable carryout bag of any size to a customer at the point of sale.
1. Any retail establishment that provides a customer with a recycled content
paper carryout bag or a reusable carryout bag made of film plastic shall collect and retain
a pass -through charge of not less than $0.08 for each bag provided. This is a taxable retail
sale that must be shown on all receipts provided to customers.
2. A retail establishment may make reusable bags available to customers through
sale or otherwise.
Section 4. Regulations Established. TMC Section 5.61.030, "Exemptions," is
hereby established to read as follows:
5.61.030 Exemptions
A. No retail establishment may collect a pass -through charge from anyone using a
voucher or electronic benefits card issued under programs including, but not limited to,
Women Infants and Children (WIC); Temporary Assistance to Needy Families (TANF);
Federal Supplemental Nutrition Assistance Program (SNAP), also known as Basic Food;
and the Washington State Food Assistance Program (FAP).
B. Food banks and other food assistance programs are exempt from the requirements
of this chapter but are encouraged to take actions to reduce the use of single -use plastic
carryout bags.
Section 5. Regulations Established. TMC Section 5.61.030, "Violation — Penalty,"
is hereby established to read as follows:
5.61.040 Violation — Penalty
A. Violations of the provisions of this chapter constitute a Class I civil infraction
pursuant to Chapter 7.80 RCW. Each day of any violation is a separate civil infraction.
B. Issuance and disposition of infractions for violations of this chapter are subject to
enforcement as prescribed in TMC Chapter 8.45.
C. It shall be a violation of this chapter for any retail establishment to penalize,
discipline, or discriminate against any employee for performing any duty necessary to
comply with this chapter.
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160
Section 6. Corrections by City Clerk or Code Reviser. Upon approval of the City
Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to other
local, state or federal laws, codes, rules, or regulations; or ordinance numbering and
section/subsection numbering.
Section 7. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to be
invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 8. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force nine FReRthc
September 1, 2020, after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12019.
ATTEST/AUTH ENT[ CATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Page 5 of 5
161
162
COUNCIL AGENDA SYNOPSIS
----------------------------------Initials
Meeting Date
Prepared by
Mayor's review
Counc-il rei�iew
11/12/19
Vick
11/18/19
Vicki
ITEM INFORMATION
ITEM NO.
5.E.
STAFF SP()NS()R: VICKY CARLSEN
01i1GIN:1LAGliND:\ DATE.: 11/12/19
AGENDA IJ'FM TrrI.E. Resolution adopting performance measures for the Fire Department
CATEGORY ® Discussion
Ali Date 11/12/19
❑ Motion
AIl� Date
® Ree•olution
A11� Dale 11118119
❑ Ordinance
Altg Date
❑ Bid.!hvard
Adtg Date
❑ Public Hearing
Allg Date
❑ Otber
A-llg Date
SPONSOR [—]Council [:]Mayor ❑HR ❑DCD ®Finance []Fire ❑T S ❑P&R ❑Police ❑Pli% ❑Court
SPONSOR'S The Council is being asked to review and approve a resolution adopting performance policy,
SUNIi\U1RY standards, and objectives outlined in RCW 35.103 for the Fire Department
REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 10/28/19 COMMITTEE CHAIR: MCLEOD
RECOMMENDATIONS:
SPONSOR/AD�NIIN. Finance Department
CONIN411-1'GE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPT?N1)FFL1RI? RI omitI?D AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/12/19
11/18/19
MTG. DATE
ATTACHMENTS
11/12/19
Informational Memorandum dated July 17, 2019
Draft Resolution
Draft Policy Statement
Minutes from the 10/28/19 Finance Committee meeting
11/18/19
Final Resolution
163
164
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING APPLICABLE
PERFORMANCE POLICY, STANDARDS AND OBJECTIVES
OUTLINED IN RCW 35.103 AS THE TUKWILA FIRE
DEPARTMENT'S EMERGENCY RESOURCE DEPLOYMENT
AND RESPONSE TIMES OBJECTIVES.
WHEREAS, the Tukwila Fire Department was legally established as a fire
department to provide certain emergency medical, fire and rescue services, and Tukwila
Municipal Code Chapter 2.24 created the office of Fire Chief; and
WHEREAS, the Tukwila Fire Department has a mission statement and goals and
objectives to guide the organization in providing fire and medical services to our
community; and
WHEREAS, the Tukwila Fire Department has a basic organizational structure which
may include the Chief, Officers, Firefighters, and Emergency Medical Technicians
(EMTs); and
WHEREAS, the Tukwila Fire Department has a certain number of members now and
in the future who perform the tasks required to accomplish our response objectives; and
WHEREAS, the Tukwila Fire Department is required by state law to establish turnout
and response time goals: for the first arriving Basic Life Support, for Fire Engine
responses to fire suppression calls, and for a full alarm assignment for Fire Engine
responses to fire suppression calls; and
WHEREAS, the Tukwila Fire Department has evaluated the elements identified in
RCW 35.103 and included those provisions deemed appropriate in the department's
emergency service delivery; and
WHEREAS, the Tukwila Fire Department has developed written response coverage
objectives required to comply with applicable provisions of RCW 35.103;
W:\Legislative Development\Emergency Resource Deployment -Response Time Objectives 10-15-19
VC:bjs Review and analysis by Barbara Saxton Page 1 of 2
165
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The Tukwila City Council hereby adopts the Tukwila Fire Department's
Emergency Resource Deployment and Response Times Objectives document (attached
as Exhibit A) as the Tukwila Fire Department official policy for determining emergency
medical, fire and rescue resource deployment.
Section 2. The Tukwila Fire Department's Emergency Resource Deployment and
Response Times Objectives document officially defines the Tukwila Fire Department
written policies and procedures that establish the distribution and concentration of fixed
and mobile resources of the department.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12019.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Kathy Hougardy, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachment: Exhibit A —Tukwila Fire Department's Emergency Resource Deployment
and Response Times Objectives
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166 VC:bjs Review and analysis by Barbara Saxton Page 2 of 2
Tukwila Fire Department's Emergency Resource Deployment
and Response Times Objectives
1. POLICY STATEMENT
a. The existence of the Tukwila Fire Department:
Q Meets requirement (RCW 35.103)
❑ Does not meet requirement
b. Services the Tukwila Fire Department is required to provide:
Fire suppression, Basic Life Support./Emergency Medical Services, rope
rescue, structural collapse rescue, confined space rescue, trench rescue,
machinery rescue, swift water rescue, water -craft rescue, floodwater rescue,
urban search and rescue.
Z Meets requirement (RCW 35.103)
❑ Does not meet requirement
Page 1 of 4 167
c. The basic organizational structure of the Tukwila Fire Department:
H
Se r io r F ra,'^ a
fir.-
C-
Fre0z' -(I
till
ao,� 32 5::� C
C-apt!'. ctptain I cap:sin
r, 34 16i1 s*Zior, :4
0 Meets requirement (RCW 35.103)
El Does not meet requirement
Cipt ..-I Errv,--.viv(
cr
168 Page 2 of 4
d. The expected number of Tukwila Fire Department employees.
0 Meets requirement (RCW 35.103)
❑ Does not meet requirement
FTE
o
Chief Officers
7
o
Career Firefighters
55
o
Volunteer Firefighters
o
Resident/Part-Time FF's
o
Administrative Support
2
o
Mechanics
o
Public Education Staff
o
Fire Prevention Staff
2
o
Emergency Management Staff
1
o
Dispatching Staff
o
Other Staff
o
TOTAL STAFF
67
e. The functions that Tukwila Fire Department employees are expected to
perform.
Firefighting, Basic Life Support/Emergency Medical Services, technical rescue,
inspections, public education, and pre -fire planning.
Meets requirement (RCW 35.103)
❑ Does not meet requirement
2. ADOPTED STANDARDS
Every fire jurisdiction shall adopt service delivery objectives in a written
statement for all services that are provided in an emergency mode. For the
Tukwila Fire Department, these include the following:
Page 3 of 4 169
a. Turnout time.
Q Meets requirement (RCW 35.103)
❑ Does not meet requirement
Turnout Time Standard. The Tukwila Fire Department has adopted a turnout
time standard of 03:01 for Fire and 02:38 for Emergency Medical Services,
which the department should meet within a 90th percentile annually.
b. Response time for the arrival of the first arriving engine company at a fire
suppression incident.
Q Meets requirement (RCW 35.103)
❑ Does not meet requirement
Response Time Standard: The Tukwila Fire Department has adopted a
response/travel time standard of 07:59 for the arrival of the first engine
company to a fire suppression incident, which the department should meet
within a 90th percentile annually.
c. Response time for the deployment of a full first alarm assignment at afire
suppression incident.
0 Meets requirement (RCW 35.103)
❑ Does not meet requirement
Response Time Standard for a Full First Alarm Assignment: The Tukwila
Fire Department has adopted a response/travel time standard of 09:29 for the
arrival of the full complement of a first alarm response to a fire suppression
incident, which the department should meet within a 90th percentile annually.
d. Response time for the arrival of the first arriving unit with a first
responder or higher level capability at an emergency medical incident.
0 Meets requirement (RCW 35.103)
❑ Does not meet requirement
Response Time Standard. The Tukwila Fire Department has adopted a
response/travel time standard of 07:52 for the arrival of the first emergency
medical unit with appropriately trained personnel on board to an emergency
medical incident, which the department should meet within a 90th percentile
annually.
170 Page 4 of 4
COUNCIL AGENDA SYNOPSIS
nitials
Meeting Date
Pre.pared by
Mayor's review
Co tt cil review
11/18/19
JP
ITEM INFORMATION
ITEM NO.
6.A.
STAFF SPONSOR: JUAN PADILLA
ORIGINAL AGENDA DATE: 11/18/19_
AGENDA IT1Jn1 TITLE Teamsters' Local 763 Labor Agreement Contracts 2020-2022
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date Il/IS/19
❑ Resolution
Mtg Date
❑ Ordinance
Mtg Date
❑ Bid Award
Il7tg Date
❑ Public Hearing
Mtg Date
❑Other
Mtg Date
SPONSOR ❑Council ❑Mayor ®HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PIY/ El Court
SPONSOR'S Consideration and approval of the Teamsters' labor agreement contracts 2020-2022.
SUMMARY
REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: COMMITTEE CHAIR: N/A
RECOMMENDATIONS:
SPONSOR/ADMIN. Human Resoures
COMMITI7?I? NA
COST IMPACT / FUND SOURCE
EXPENDII'URI, RI?OU1RIa AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
11/18/19
Informational memorandum dated 11/13/19
Labor agreements with Teamsters' Local 763 bargaining groups
171
172
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: City Council
FROM: Juan Padilla, Human Resources Director
CC: Mayor Ekberg
DATE: November 13, 2019
SUBJECT: Teamsters' Local 763 Labor Agreements 2020-2022
ISSUE
Consideration and approval of the Teamsters' labor agreements 2020-2022.
BACKGROUND
The current labor agreements with Teamsters' Local 763 expire on December 31, 2019.The City
and Union have reached a tentative three-year agreement on successor agreements for 2020-
2022.
DISCUSSION
The City and the Union have agreed to a wage increase equal to 90% CPI-W (June to June) for
2020, 2021, and 2022. In addition, the City and Union have agreed to conduct a market
compensation study for the Administrative/Technical bargaining unit and positions within this
unit found to be under market will be brought to market retro-active to January 1, 2019.
It was also agreed that market compensation studies for the Professional/Supervisory,
Maintenance/Trades, and Senior Program Mangers bargaining units will be conducted and
positions within those units found to be under market will be brought to market retro-active to
January 1, 2021. The contract has been voted and passed unanimously by the Union members.
RECOMMENDATION
The Council is being asked to consider and approve the contracts at the November 18, 2019,
regular meeting.
ATTACHMENTS
Teamsters' Labor Agreements 2020-2022:
Administrative/Technical
Maintenance/Trades
Professional/Supervisory
Senior Program Managers
173
74
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
.a•
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL
EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative/Technical Employees)
January 01, 2020 through December 31, 2022
175
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative/Technical Employees)
January 01, 2020 through December 31, 2022
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
ARTICLEI DEFINITIONS......................................................................................................................3
ARTICLEIV HOURS OF WORK.............................................................................................................4
ARTICLEV OVERTIME AND CALLBACK ............... ....................... ....................................................... 5
COMMONCLAUSES...................................................................................................................................7
ARTICLE II
RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION ...........................7
ARTICLE III
UNION RIGHTS AND NON-DISCRIMINATION.................................................................8
ARTICLEVI
MONTHLY SALARIES........................................................................................................9
ARTICLE VII
WORKING OUT OF CLASSIFICATION... ..........................................................................
9
ARTICLE VIII
PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES.................................9
ARTICLEIX
HOLIDAYS........................................................................................................................12
ARTICLEX
LEAVES............................................................................................................................13
ARTICLEXI
HEALTH INSURANCE......................................................................................................16
ARTICLEXII
MISCELLANEOUS............................................................................................................19
ARTICLE XIII
PERFORMANCE OF DUTY.............................................................................................21
ARTICLE XIV
MAINTENANCE OF STANDARDS...................................................................................21
ARTICLEXV
MANAGEMENT RIGHTS..................................................................................................21
ARTICLEXVI
WARNING NOTICE..........................................................................................................22
ARTICLE XVII
GRIEVANCE PROCEDURE.............................................................................................22
ARTICLEXVIII
SEPARABILITY.................................................................................................................23
ARTICLEXIX
DURATION........................................................................................................................24
APPENDIX "A"
CLASSIFICATION AND MONTHLY RATES OF PAY.....................................................25
LETTER OF AGREEMENT - THREE QUARTER TIME EMPLOYEES......................................................30
LETTER OF AGREEMENT - HALF-TIME NINE MONTH EMPLOYEES...................................................32
MEMORANDUM OF UNDERSTANDING -WORKING OUT OF CLASSIFICATION.................................34
176
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative/Technical Employees)
January 01, 2020 through December 31, 2022
THIS AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as
the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to
as the Union.
ARTICLE I DEFINITIONS
1.1 As used herein, the following terms shall be defined as follows:
1.1.1 "Employer" shall mean the City of Tukwila, Washington.
1.1.2 "Union" shall mean Public, Professional & Office -Clerical Employees and Drivers Local
Union No. 763, affiliated with the International Brotherhood of Teamsters.
1.1.3 "Bargaining Unit" shall mean all employees of the Finance Department, City Clerks Office,
Office of Community Development (Planning Division and Building Division), Information
Technology, Public Works Department, Parks and Recreation Department, Fire
Department and Municipal Court, as listed in Appendix "A".
The City and Union agree to continue negotiating a Letter of Agreement to address
inclusion of seasonal and temporary employees into the bargaining unit. The parties also
agree (pursuant to WAC 391-35-350) failure to reach a tentative agreement on the issue
shall not bar either party from filing a unit clarification on the matter and such filing shall be
agreed to be timely during the period of this Agreement. The issue of application of the
various provisions of the Labor Agreement shall be subject to the negotiations and by
mutual agreement of the parties.
1.1.4 "Employee" shall mean a regular full-time or regular part-time employee twenty (20) hours
or more per week in the bargaining unit (as defined in subparagraph 1.1.3 hereof) covered
by this Agreement.
1.1.5 "Regular employee" shall mean an individual performing bargaining unit work for more than
one thousand forty (1040) hours in a twelve (12) consecutive month period, excluding
interns and employees funded by State or Federal grants.
1.1.6 Notwithstanding the provisions of Section 1.1.5 of the Labor Agreement, the Employer may
employ temporary Recreation Leaders in excess of one thousand forty (1040) hours in a
twelve (12) consecutive month period, provided that:
1.1.6.1 In no event shall the total hours worked by such employee in a twelve (12) consecutive
monthly period exceed one thousand three hundred (1300) hours.
1.1.6.2 The reason the employee exceeded the one thousand forty (1040) hour threshold was due
to a short period of full-time employment in the specific program for which the employee
was originally hired.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 3
177
1.1.6.3 Such employee is a bona fide high school or college student.
1.1.7 "Monthly Salary" shall mean the monthly rate of pay so identified and set forth in Appendix
"A" to this Agreement.
1.1.7.1 "Straight Time Hourly Rate of Pay" shall be based upon the formula utilized by the
Employer for determining the employee's regular straight -time hourly rate of pay which is
to divide the monthly salary by 173,33. (For example, an employee with a base monthly
salary of $1,733.30 would be paid a straight -time rate of pay of $10.00 per hour).
1.1.8 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on
which an eligible employee may, by prearrangement, continue to receive the regular rate
of compensation although he does not work.
ARTICLE IV HOURS OF WORK
4.1 Hours of Work - The workweek for regular full-time employees shall be comprised of four
(4) consecutive days of ten (10) consecutive hours of work (excluding the meal period)
totaling forty (40) hours and three (3) consecutive days off as determined by the
department head or
4.1.1 The workweek for regular full-time employees shall be comprised of five (5) consecutive
days of eight (8) consecutive hours of work (excluding the meal period) totaling forty (40)
hours and two (2) consecutive days off as determined by the department head, or
4.1.2 The workweek for regular full-time employees shall be comprised of one week of five (5)
consecutive days. All but one of those days shall be at nine (9) consecutive hours of work
(excluding the meal period) with one day comprised of eight (8) consecutive hours totaling
forty (40) hours for the FLSA work week and two (2) consecutive days off as determined
by the department head. The following week shall be comprised of four consecutive days
comprised at nine (9) hours totaling forty (40) hours for the FLSA work week and three (3)
consecutive days off as determined by the department head.
4.1.3 Employees at the golf course pro shop, at least one day off shall be a Saturday or Sunday.
4.2 Starting Times - Each employee shall be assigned a regular starting time which shall not
be changed without thirty-six (36) hours written notice, except in the case of civil disorder
or natural disaster' and, if during this thirty-six (36) hour period an employee is deployed
from an on -call, call -out or availability list, then Article 5.3 (Callback) shall apply. In the
event an employee's regular starting time is changed without thirty-six (36) hours written
notice, he shall be paid in accordance with the provisions of Article V, Section 5.1 or 5.1.1,
Overtime, for all hours worked outside of the employee's normal work schedule. Temporary
work schedule changes may be made without notice to cover essential functions in case
of emergencies officially declared by the Governor of the State of Washington or the King
County Executive.
4.2.1 With 72-hour written (email meets this requirement) notice, the Employer may require an
employee to attend a night meeting or work outside of their schedule by adjusting their start
time for that day. Employees may have flexible starting times and working hours with
mutual consent between the employee and the Employer.
4.3 Rest Breaks - Employees shall receive a rest period of not less than fifteen (15) minutes,
on the Employer's time, for each four (4) hour work period. Rest periods shall be scheduled
as near as possible to the midpoint of the work period. No employee shall be required to
work more than three (3) hours without a rest period.
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4.4 Meal Periods - The Employer shall provide each employee with one-half (1/2) hour for a
meal between the third and fifth hour of each shift. The employee may add the two (2)
fifteen (15) minute rest breaks to the meal period with the mutual agreement of the
Employer.
ARTICLE V OVERTIME AND CALLBACK
5.1 Overtime - All work performed in excess of the work schedule as established pursuant to
Section 4.1 shall constitute overtime and shall be paid for at one and one-half (1-1/2) times
the employee's regular straight -time hourly rate of pay for the first four (4) hours of
overtime. Overtime worked in excess of four (4) hours shall be paid at two (2) times the
employee's regular straight -time hourly rate of pay. Scheduled overtime on the employee's
normally scheduled day off shall be paid at one and one-half (1-1/2) times the employee's
regular straight -time hourly rate of pay for the first eight (8) hours. Hours worked in excess
of eight (8) hours of scheduled overtime shall be paid at two (2) times the employee's
regular straight -time hourly rate of pay.
5.1.1 Overtime shall be paid in increments of fifteen (15) minutes with the major portion of fifteen
(15) minutes being paid as fifteen (15) minutes.
5.1.2 In computing overtime, all contractual holidays shall be considered as days worked.
Notwithstanding any provisions of the Labor Agreement to the contrary, the compensable
hours paid as vacation, sick, and holiday pay to Fair Labor Standards Act (FLSA) non-
exempt employees, shall be considered as hours worked for the purposes of the FLSA
rules governing overtime calculations.
5.2 Compensatory Time - In lieu of paid overtime, compensatory time -off may be utilized at the
discretion of the employee. The use of compensatory time is subject to scheduling by the
Department Director, or designee, and shall be banked at the rate earned pursuant to
Section 5.1. The employee shall be allowed to accrue up to a maximum of fifty (50) hours
of compensatory time.
Supervisors may, prior to authorizing overtime, communicate to the employees the
supervisor's preference of how the overtime would be paid. In the example used herein,
the supervisor may be constrained on how to pay the overtime and may only do so using
one form or the other.
5.3 Non -Pyramiding - Premium or overtime pay shall not be duplicated or pyramided. In no
case shall premium or overtime pay be based on other than the regular straight -time hourly
rate of pay.
5.4 Callback - An employee who has left work and is called back to work after completion of a
regular day's shift shall be paid a minimum of four (4) hours at one and one half (1-1/2)
times his regular straight -time hourly rate of pay. Should the employee's regular shift start
less than two (2) hours from the time he started work on the callback, he shall receive one
and one-half (1-1/2) times his regular straight -time hourly rate of pay only for such time as
occurs before his regular shift.
Notwithstanding any provisions of the Labor Agreement to the contrary, the above
minimum call-back provision shall not apply to situations whereby the employee's work
assignment is to attend public meeting(s) providing the City meets the requirement of
Article 4.2.1.
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5.4.1 If the employee's Department Head or Division Manager (or designee) contacts an
employee for the purpose of trouble -shooting outside normally scheduled employee work
hours, and assistance is provided by the employee, the employee shall be paid overtime
for a minimum of fifteen (15) minutes or actual time required to handle Employer business,
but not to exceed thirty (30) minutes. If a callback to duty is then required, the fifteen (15)
minutes of overtime shall be included in the compensation paid at the overtime rate under
Section 5.3 (Callback).
5.5 Meal Reimbursement - Whenever an employee is required to work more than two (2) hours
after the end or before the beginning of his normal shift, if such work has not been
scheduled at least one (1) day in advance, or is attending an Employer approved seminar,
conference or training meeting away from the Employer's facility, the employee shall
receive per diem as posted on GSA.gov for King County or the applicable location when
traveling. Per the City's policy, incidental expense shall be broken up on a 1/2/2 ratio. i.e.
if the GSA reports IE at $5.00, then $1 to breakfast, $2 to lunch and $2 to dinner.
Breakfast ........................ between the hours of 12:00 a.m. and 8:00 a.m.
Lunch .............................. between the hours of 8:01 a.m. and 4:00 p.m.
Dinner ............................. between the hours of 4:01 p.m. and 11:59 p.m.
5.5.1 Whenever an employee is authorized to work on a non-scheduled overtime basis (i.e.
overtime due to an emergency or call -in) he shall be provided with a meal or reimbursement
in accordance with the provisions of Section 5.4 above if the hours worked exceed five
hours. In such instances, employees shall receive an additional meal reimbursement for
every five (5) hours in excess of the initial five (5) hour period.
5.6 Standby Duty Allowance - An employee who is required to be available and subject to call
shall receive a Standby Duty allowance of three (3) hours at the overtime rate for each day
he is required to be on Standby Duty. The employee on standby shall carry a
communication device (such as a pager or cell phone) and be able to respond immediately
to callback situations, without restrictions or impairments.
5.6.1 In the event an employee who is on Standby Duty is called out, he shall be compensated
in accordance with Section 5.4 above. In the event of a callback an employee on the
standby list does not respond the City retains the right to utilize any other available
personnel to respond to such callout.
5.6.2 Standby Duty time, as determined by the Employer, shall be rotated among those
bargaining unit employees who have passed probation, have at least one year of
experience in the assigned work, and have designated their preference to work standby
duty. Each employee may designate his weekend preference prior to the standby duty
rotation list being made and posted on the Union bulletin board. An employee may change
his weekend standby duty coverage provided he obtains another employee from the
standby duty list and notifies the Department Head or his designee at least twenty-four (24)
hours in advance. An employee may change his standby duty coverage with less than
twenty-four (24) hours notice due to an emergency, with the approval of the Department
Head or his designee. The Employer may trade standby duty assignments with another
standby duty employee when a possible emergency situation is anticipated that requires a
specific qualification, with at least twenty-four (24) hours notice to the employees affected.
5.6.3 The Employer shall retain the right to determine standby assignments.
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im
COMMON CLAUSES
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
ARTICLE II RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION
2.1 Recognition - The Employer recognizes the Union as the exclusive bargaining
representative for the employees in the bargaining unit as defined in Article I, Section 1.1.3.
2.2 New -Hire Orientation - The Employer shall notify the Union of all new full-time and part-time
employees hired into the bargaining unit and the date and time of the orientation. The
Employer shall also notify the Union of all seasonal/temporary employees once such
employees become eligible for inclusion into the bargaining unit. The Union and/or shop
steward will then be provided 30 minutes during employees' new hire orientation period for
the purpose of presenting information about the bargaining unit and Union membership,
but in no instance later than 90 calendar days from their hire date or date of union eligibility.
2.3 Payroll Deduction - For such employees of the Employer as individually and voluntarily
certify in writing that they authorize such deduction and for the duration of this Agreement,
the Employer shall deduct from the first pay of each month the Union dues in an amount
not to exceed the Union provision in effect. Such amount shall be remitted promptly to the
duly designated officer of the Union.
An employee's request to revoke authorization for payroll deductions must be in writing
and submitted by the employee to the exclusive bargaining representative in accordance
with the terms and conditions of the authorization.
After the employer receives confirmation from the exclusive bargaining representative that
the employee has revoked authorization for deductions, the employer shall end the
deduction no later than the second payroll after receipt of the confirmation.
The employer shall rely on information provided by the exclusive bargaining representative
regarding the authorization and revocation of deductions.
2.4 Union Notification - Within ten (10) calendar days from the date of hire of a new employee,
the Employer shall forward to the Union the name, address and social security number of
the new employee. The Employer shall promptly notify the Union of all employees leaving
its employment.
2.5 Democratic Republican Independent Voters Education Drive (DRIVE): The employer
shall deduct a contribution from the pay of each employee who furnishes a written
assignment for DRIVE education. DRIVE shall notify the employer of the amounts
designated by each contributing employee that shall be deducted from their paycheck for
all weeks worked on a semi-monthly basis and during the scheduled payroll processing
period. The phrase "weeks worked" excludes any week other than a week in which the
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employee earned a wage. The employer shall transmit to DRIVE National Headquarters,
on a monthly basis, in one check, the total amount deducted along with the name of each
employee on whose behalf a deduction is made and the amount deducted from the
employee's paycheck. The International Brotherhood of Teamsters shall reimburse the
employer annually for the employer's actual cost for the expense incurred in administering
the DRIVE payroll deduction plan. The employer will recognize authorization for the
deductions from wages, if in compliance with state law, to be transmitted to the Local Union,
or to such other organizations as the Union may request if mutually agreed to. No deduction
shall be made which is prohibited by applicable law.
The Union agrees to indemnify the employer to defend and to hold the employer harmless
from and against any claims made against the employer resulting from its compliance with
or obligations under the paragraph above, including but not limited to reimbursement for
monies deducted in accordance with the paragraph above which are disputed by the
employee. The Union, DRIVE and the employer further agree that all disputed deductions
are to be resolved among the Union, DRIVE and the employees without the involvement
of the employer.
ARTICLE III UNION RIGHTS AND NON-DISCRIMINATION
3.1 Union Officials Time -Off - A Union official who is an employee in the bargaining unit
(Executive Board Member, Shop Steward or member of the negotiating committee) shall
be granted time -off while conducting business vital to the employees in the bargaining unit,
provided:
3.1.1 They notify the Employer in writing no less than forty-eight (48) hours prior to the time -off
period.
3.1.2 The Employer is able to properly staff the employee's job duties during the time -off period.
3.1.3 The wage cost to the Employer is no greater than the cost that would have been incurred
had the Union official not taken time -off.
3.1.4 Union officials shall not transact Union business while working on shift which in any way
interferes with the operation of the normal routine of any department.
3.1.5 The Union shall notify the Employer in writing as to any changes in Union Officials.
3.2 Union Investigative and Visitation Privileges -Authorized representatives of the Union shall
have access to the Employer's establishment during working hours for the purpose of
investigating grievances, working conditions, ascertaining that the provisions of this
Agreement are being adhered to, and for regular visitation; provided however, there shall
be no interruption of the Employer's working schedule.
3.3 Bulletin Boards - The Employer shall provide a bulletin board at a central location. The
Union bulletin board shall be confined to use by the Union for such matters as
announcements of Union meetings, social functions, nomination and election of Union
Officers, information bulletins containing only factual reports of the progress or results of
Union -Employer negotiations, labor matters and such other matters as may properly be
considered as non -derogatory of the Employer, its elected officials or other personnel_
3.4 Non -Discrimination - The Employer and the Union shall cooperate to assure that no
employee is discriminated against by reason of race, religion, creed, color, national origin,
age, sex, marital status, sexual orientation, political affiliation, gender identity, honorably
discharged veteran or military status, Union activities or the presence of a disability or the
use of a trained dog guide or service animal by a person with a disability consistent with
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RCW 49.60, unless such disability effectively prevents the performance of duties required
by the position and which are bona fide occupational qualifications or by reason of any
other legally protected class status.
3.4.1 Wherever words denoting a specific gender are used in this Agreement, they shall be
construed so as to apply equally to either gender.
ARTICLE VI MONTHLY SALARIES
6.1 The monthly salaries of the employees covered by this Agreement are contained in the
appropriate Appendix(ices) to this Agreement. Should it become necessary to establish a
newjob classification within the bargaining unit during the contract year, the Employer may
designate a job classification title and salary for the classification. The salary for any new
classification in the bargaining unit shall be subject to negotiations at such time as the
salaries for the subsequent year are negotiated or three (3) months after the classification
is established, whichever is earlier.
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 In the event that a qualified employee (at the sole discretion of the Employer) is required
and authorized to act in the capacity and perform the duties of a higher classification than
that to which they are regularly assigned, the employee shall be paid at the next higher
rate of pay in the higher classification, with a minimum increase of five percent (5%);
provided however, the employee shall have worked a minimum of eight (8) hours
performing such work during the workday; and, provided further, the employee must work
in the higher classification for a minimum of three (3) consecutive days. Pay for the work
out -of -classification shall be retroactive to and include the first day. The above three (3)
consecutive day requirement may be waived if operational needs exist. Compensation for
temporary assignments to positions outside the bargaining unit shall be as set forth in City
Policy applicable to non -bargaining unit employees of the City.
REFER TO MEMORANDUM OF UNDERSTANDING -WORKING OUT OF CLASSIFICATION
ARTICLE VIII PROBATION PERIOD LAYOFF, RECALL AND JOB VACANCIES
8.1 Probation Period - A new employee shall be subject to a six (6) month probation period
(with the exception of the Senior Program Managers, who shall serve a one (1) year
probation period) commencing with the employee's first date of hire within one of the
Teamster's bargaining units (Intent: first date of hire or rehire with the city). During this
period, such employee shall be considered as at will, subject to immediate dismissal at any
time at the sole discretion of the Employer; provided however, the Employer shall not
discharge or otherwise discipline an employee for protected Union activity. The application
of this provision shall not be subject to the grievance procedure.
8.1.2 Trial Service Period - A trial service period is a 6-month (1-year for Sr. Program Managers)
period beginning upon a promotion or transfer to a position currently not held by the
employee. The trial service period is intended to be served by a Teamster represented
employee who has not successfully served probation or trial service for the new job
classification in which they promoted or transferred into.
8.1.3 At any point during the trial service period, management and/or the employee have the
ability to end the trial service, and the employee will revert back to their previous held
position.
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8.1.4 Should the employer need to backfill the vacated position created by the promotion or
transfer, the employer may post said vacancy as a temporary position which has the
potential (but not guarantee) to become permanent (upon completion of the probationary
period). The time spent in the temporary position shall be considered as part of the
probationary period.
8.2 Considerations - In layoff, recall and filling regular job vacancies, the Employer shall give
consideration to an employee's length of continuous service with the employer (adjusted
to reflect any periods of unpaid leave where the employee's anniversary date had been
adjusted) and their ability to perform the duties required in the job. In applying this provision,
it is the intent to provide qualified employees with opportunities for promotion and the
Employer with efficient operations.
8.3 Layoff - The following will apply when layoff(s) or any reduction of compensable hours is
deemed necessary by the Employer_ The employer will identify what funding issues needs
to be addressed to include reduced programs or service costs through reduction in force
or compensated hours.
The Union acknowledges the positions within the Sr. Program Manager bargaining unit are
not interchangeable with the exception of the Sr. Program Managers working in the
Water/Surface Water/Sewer departments.
Prior to making a decision to layoff or reduce compensable hours of employees in the
bargaining unit, the Employer shall meet and confer with the Union to confer and explore
alternatives and the effect of such layoff(s) or reduction of compensable hours. The
Employer shall negotiate with the Union regarding the effects of any decision to layoff or
reduce compensable hours of employees in the bargaining unit.
The City will use the current seniority list which will include the most recently hired
employee in the bargaining unit. Except as provided by this Article or elsewhere in this
Agreement, the employee with the shortest length of continuous service in the bargaining
unit affected shall be laid off first, provided those remaining on the job can provide efficient
operations. An employee who is laid off due to having the shortest length of continuous
service in the Teamsters bargaining units but, has seniority due to longevity within the city
(prior to transferring or promoting into a particular bargaining unit) shall have the ability to
exercise their seniority to revert back to (their previously held position or classification, if
vacant) an open or vacant position for which they are qualified.
If an employee promotes or transfers to a non -Teamster position within the city, their
seniority within the bargaining unit left shall be frozen. Should the employee return to.their
previous bargaining unit, the employee shall continue accruing seniority from where they
left off. This does not apply for those employees who leave the City and consequently
returns to the City. In this case, the returning employee shall be considered a new hire
subject to Article 8.1.
The City will meet with the Union, at the request of either party, once the City decides how
to apply the contract language.
The parties may discuss if employees subject to layoff or reduction in compensated hours
in the effected bargaining unit are qualified to perform the remaining duties with limited
training.
The result of the meeting with the Union will be communicated to employees affected by
the layoff or reduction in compensable hours.
Effects bargaining will be completed as soon as possible thereafter.
im
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The application of this language shall be subject to the grievance procedure. The Union's
pursuit of any contractual grievance regarding the above layoff provisions shall not relieve
the Employer of its obligation to bargain with the Union regarding the effects of any decision
to layoff or reduce compensable hours of employees in the bargaining unit.
8.4 Recall - In the case of recall, those employees with the longest length of continuous service
in the bargaining unit affected shall be recalled first, provided they can perform the duties
required. An employee on layoff must keep both the Employer and the Union informed of
the address and telephone number where they can be contacted.
8.4.1 When the Employer is unable to contact an employee who is on layoff for recall, the Union
shall be so notified. If neither the Union nor the Employer are able to contact the employee
within seven (7) calendar days from the time the Union is notified, the Employer's obligation
to recall the employee shall cease. The Employer shall have no obligation to recall an
employee after they have been on continuous layoff for a period which exceeds one (1)
year. Should an employee not return to work when recalled, the Employer shall have no
further obligation to recall them.
8.5 Job Vacancies - When a regularjob vacancy occurs, present employees who have applied
shall be given first consideration for filling the vacancy, based on their length of service
with the Employer and ability to meet the minimum qualifications of the job, provided this
Section does not conflict with any Federal or State Law. Internal applicants who meet the
minimum qualifications or, are otherwise qualified, shall move to the phone screen,
interview, or test which may be the first step of the hiring process.
8.5.1 Internal Job Postings Only - Notices of regular job vacancies shall be emailed to the
employee's City of Tukwila email address and remain open for five (5) work days from the
time of the original posting. Present employees who desire consideration for openings shall
notify the Employer by completing the application process during the five (5) work day
period the notice is posted. Internal applicants who meet the minimum qualifications or,
are otherwise qualified, shall move to the phone screen, interview, or test which may be
the first step of the hiring process.
8.5.2 Transfers - An employee who is transferred shall remain on the pay range STEP they are
transferring from and the employee shall progress along the pay range in accordance with
Section A.3, without a change in position anniversary date. If, however, the employee being
transferred does not currently possess the necessary certification(s) required of the new
job classification, they shall remain at their current rate of pay until such time that they
acquire the necessary certifications) and the Employer is provided documentation thereof.
After notification to the Employer of the acquired certification(s), the employee shall move
up one (1) STEP (if another STEP exists within the pay range) retroactive to the
anniversary date, if their anniversary date has passed. The employee shall advance to the
next STEP in accordance with their original anniversary date. In no event shall the
retroactive period be for more than twelve (12) months.
8.6 Seniority List - Upon request, but not more than quarterly, the Employer shall provide the
Union with a seniority list showing the name of each employee within the bargaining unit,
and their present classification, date of hire and present rate of pay.
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ARTICLE IX HOLIDAYS
9.1 Employees shall receive the following holidays off with eight (8) hours compensation at
their regular straight -time hourly rate of pay:
New Year's Day
Martin Luther King Jr.'s Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Two (2) Floating Holidays
January 1st
3rd Monday of January
3rd Monday of February
Last Monday of May
July 4th
1st Monday of September
November 11 th
4th Thursday of November
December 25th
At employee's choice
9.2 An employee may select the personal holiday(s) each calendar year as Floating Holiday
and the Employer shall grant the day(s) provided.
9.2.1 The employee has been or is scheduled to be continuously employed by the Employer for
more than four (4) months.
9.2.2 The employee has given not less than fourteen (14) calendar days written notice to the
supervisor; provided however, the employee and the supervisor may agree upon an earlier
date.
9.2.3 The number of employees selecting a particular day off does not prevent the Employer
from providing continued public service.
9.2.4 The personal holiday must be taken during the calendar year of entitlement or the day shall
lapse, except when an employee has requested a personal holiday and the request has
been denied.
9.2.5 Employees may take their personal floating holiday in one -hour increments.
9.3 In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be
the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday
shall be deemed to be the legal holiday.
9.4 Holidays For Regular Part -Time Employees - Regular part-time employees shall receive
holiday benefits on a pro rata basis. For example, if a regular part-time employee normally
works four (4) hours per day and the department's normal work day is eight (8) hours, the
employee shall receive four (4) hours compensation at this regular straight -time hourly rate
of pay for each contractual holiday and shall be subject to all the provisions of Article IX,
Holidays.
9.5 Any work required to be performed by an employee on any of the afore -referenced holidays
shall be paid at the overtime rate, in addition to the employee's regular eight (8) hours
holiday pay. No employee shall be called on such holiday for less than four (4) hours.
9.5.1 Senior Program Managers are FLSA exempt, therefore Article 9.5 does not apply to the
Senior Program Mangers.
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ARTICLE X LEAVES
10.1 Vacation Leave - Each employee shall, after six (6) months continuous service from the
last date of hire with the Employer, individually accrue vacation leave on the following basis
in accordance with their accumulated continuous service. Article 8.
10.1.1 A vacation cannot be taken until after the completion of six (6) full calendar months of
service without prior approval of the supervisor. An employee hired on or before the
fifteenth (15th) day of any month shall accrue vacation leave from the first day of that
month. An employee hired on or after the 16th day of any month shall accrue vacation from
the first day of the next month following.
10.1.2 Annual Vacation Leave shall accrue per pay period. Upon completion of the employee's
original probation, 48-hours of vacation shall be placed into the employees vacation
allotment. Additional annual leave shall accrue per pay period on the employee's
anniversary date in accordance with the following schedule:
Start of each
Vacation Accrual per
pay period
Annual vacation
Accrued
0-6
months
0.00
48 upon probation.
7-24
months
4.00
96
year
3
5.00
120
year
4
5.00
120
year
5
5.00
120
year
6
5.34
128
year
1 7
5.34
128
year
8
5.67
136
year
9
6.00
144
year
10
6.34
152
year
11
6.67
160
year
12
7.00
168
year
13
7.34
176
year
14
7.67
184
year
15
8.00
192
10.1.3 An employee may accumulate a maximum of one (1) year's accrued vacation leave. An
employee may, therefore, take a maximum of two (2) vacation leaves consecutively.
Vacation time accumulated in excess of the maximum limit shall be forfeited. The
maximum number of accrued hours depending on the employee's years of service is
between 192 and 384.
10.1.4 Upon resignation from City employment, an employee shall be paid cash at the normal rate
of pay for their unused annual leave, provided regular status has been attained. If an
employee is prevented by injury or illness from working a full month, they shall nevertheless
be entitled to annual leave payment for that month, provided they have accrued sick leave
sufficient to cover the remaining days of the month.
10.1.5 Whenever an employee does not take a vacation to which they are entitled in any one (1)
calendar year, as above specified, by reason of the urgent need of their continuous
services or because of seasonal demand thereof, such employee, with approval of the
head of their department, may be allowed such vacation during the succeeding calendar
year, but in no event shall any vacation not taken during the year, when due, be
accumulated beyond the next succeeding calendar year. All vacations shall be taken at
such time as shall be approved by the head of the department.
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10.1.6 The usage of annual leave may be expended in increments of not less than one-half (1/2)
hour.
10.1.7 Vacations shall be scheduled at such times as the Employer finds most suitable after
considering the wishes of the employee and the requirements of the department.
10.1.8 Employees shall receive up to one (1) pay period vacation pay before leaving for their
vacation, upon request and with sufficient notice.
10.1.9 Upon the effective date of the termination of an employee's employment, such employee
shall thereupon cease to be an employee of the City of Tukwila. Such employee shall
thereupon be entitled to a sum of money equal to their former regular compensation for
any earned vacation leave time which has not been used or forfeited for failure to timely
claim; provided however, that in the event such employee fails to give the department head
under whom they are employed at least two (2) weeks notice of such termination of
employment or is discharged for just cause, the foregoing terminal vacation pay shall be
forfeited.
10.1.10 Vacation Leave for Regular Part-time Employees - Regular part-time employee shall
receive vacation benefits on a pro rata basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours compensation at their regular rate of pay
for each day of vacation earned. Regular part-time employees shall accrue vacation on the
same basis as a regular full-time employee and shall be subject to all the provisions of
Sections 10.1 through 10.1.10, Vacation Leave.
10.2 Sick Leave - An employee shall accumulate sick leave pay at the rate of four (4) hours for
each completed pay period (96-hours per calendar year) of service up to a carryover
accrual of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at
the rate of eight (8), nine (9) or ten (10) hours per day, depending on the employee's
scheduled workweek, at the employee's regular straight -time hourly rate of pay from and
including the employee's first (1 st) working day absent. (i.e. An employee has accumulated
a total of 732 hours of sick leave in their sick leave bank on December 31 of any calendar
year. The employee shall begin the following year with 720 hours of sick leave bank with
the difference (12-hours for this example) will be cashed out to the employee in accordance
with the HRANEBA plan by the second pay date in January.)
10.2.1 Sick leave benefits shall apply to bona fide cases of employees sickness, accidents, doctor,
dental or ocular appointments, maternity leave or the illness or injury of a spouse or other
dependent family members with a health condition that requires treatment or supervision
and requests for the employee's presence by immediate family or doctor due to immediate
family members illness or emergency, pursuant to Section 10.3.1 and as may be required
by State or Federal Law.
10.2.2 A full-time employee who is on sick leave as specified in Section 10.2.1, for a period of
three (3) days or longer may be required, prior to being entitled to any compensation
therefore, furnish without delay, a return to work authorization from a qualified doctor.
10.2.3 In the event an employee terminates their employment, or such employment is terminated
for any reason whatsoever with the Employer prior to using their accumulated sick leave
time, they shall be entitled to pay equal to twenty-five percent (25%) of the amount payable
for any unused sick leave. In no case shall an employee be eligible for payment of unused
sick leave if terminated during the probation period.
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10.2.4 In any case in which an employee shall be entitled to benefits or payments under the
Workers' Compensation Act or similar legislation of the State of Washington, or any other
governmental unit, the Employer shall pay the difference between the benefits and
payments received under such Act by such employee and the regular rate of compensation
they would have received from the Employer if able to work. The foregoing payment or
contribution by the Employer shall be limited to the period of time that such employee had
accumulated sick leave credits as herein above specified. Furthermore, the sick leave
benefits herein specified shall not be applicable to any employee who is covered by any
relief and pension act or similar legislation providing for sickness and/or disability
payments, or the State of Washington, granting substantially equal or greater benefits than
herein provided.
10.2.5 Sick Leave For Regular Part -Time Employees - Regular part-time employees shall accrue
sick leave benefits on a pro rata basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours for each month of employment. Annual
accrual and use of sick leave shall be subject to all the provisions of Sections 10.2 through
10.2.5, Sick Leave.
10.2.6 HRANEBA Plan — Employees have adopted participation in an HRANEBA Plan, which
provides a "buy out" of eligible sick leave hours as, explained below, at the rate of twenty-
five (25%) of the value of those hours. All regular full-time and part-time (at least 20 hours
per week), employees are required to participate in the City HRANEBA Plan.
Regular full-time employees who work a minimum of forty (40) hours per week and regular
part-time employees, who work at least twenty (20) hours and less than forty (40) hours
per week, are eligible for the City HRANEBA Plan. The City agrees to "buy out" sick leave
hours of eligible employees at the rate of twenty-five percent (25%) of the value of those
hours over the maximum allowed for the employee's position with the City (i.e. over seven
hundred twenty (720) hours carryover accrual for regular employees. The sick leave hours
over the maximum will not exceed what can be earned in one calendar year (i.e. ninety-six
(96) sick leave hours by a regular full-time employee).
10.3 Bereavement Leave - An employee who has a member of their immediate family taken by
death shall receive up to three (3) days off with pay as bereavement leave. Up to an
additional two (2) days with pay may be granted when out-of-state travel is required.
10.3.1 "Immediate family" shall be defined as spouse, domestic partner, biological parent of the
employee or an individual who stood in loco parentis to the employee when the employee
was a son or daughter, mother, father, step parents, mother-in-law, father-in-law, children,
(including domestic partner's children in compliance with City Policy & Procedure #02-02-
14) step children, sister, brother, daughter-in-law, son-in-law, sister-in-law, brother-in-law,
grandparents, grandparents -in-law and grandchildren,
10.4 Jury Leave - An employee who is required to serve on a jury, or as a result of official City
of Tukwila duties is required to appear before a court, legislative committee or quasi judicial
body as a witness in response to a subpoena or other directive, shall be allowed authorized
leave with pay less any amount received for such service. The Employer reserves the right
to request that an employee who is called forjury be excused if their absence would create
a hardship on the operational effectiveness of the division to which they are assigned.
10.5 Leave of Absence - If authorized by the appropriate department head, employees may take
up to six (6) months leave of absence without pay. Such leaves do not constitute a break
in service but no benefits shall accrue during the leave of absence. Upon their return, the
employee shall be assigned to the same position or to an equivalent position occupied
before the leave.
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10.6 Temporary Disability Leave - Employees who are physically unable to perform the
functions of their position for medical reasons shall be placed on temporary disability leave.
Temporary disability leave shall be granted (with no loss of seniority) for illness, injury or
surgery and shall only be granted for the period of disability and shall not exceed six (6)
months. The Employer may extend the leave for an additional six (6) months. The
employee will provide a monthly report from their physician on the status of their injury,
with prognosis on their availability to return to work. Such leaves do not constitute a break
in service (or loss of seniority) but no benefits shall accrue during the temporary disability
leave. Upon expiration of temporary disability leave, the employee shall be assigned to the
same position, if open, occupied before the leave or to an equivalent open position. If no
positions are open or the employee refuses to accept the available position, the employee
shall be placed on the recall list as set forth in Article Vill.
In the event of an on the job injury, the employee shall be subject to return to work rights
and/or limitations as may be established as a matter of State Law. In any case, the
employee must be released as rehabilitated by the Department of Labor & Industries and
must be able to perform the essential functions of the position prior to returning to work.
10.7 Light Duty — In the event an employee sustains a job related injury or temporary disability
that prevents them from performing the essential functions and physical requirements of
their position classification, the City may provide a modified light duty work assignment
within the affected employees department, if work is available. The Employer will establish
the employee's duties and schedule.
If cleared to perform the light duties, said performance of the modified light duty assignment
shall be limited to sixteen (16) consecutive weeks at which time an assessment to
determine whether a reasonable accommodation under the Americans with Disability Act
(ADA) will be made as to the employee's ability to perform the essential functions of the
position and continued employment with the City.
The employee will provide the City a copy of any written restrictions from the employee's
physician.
ARTICLE XI HEALTH INSURANCE
11.1 Medical Insurance - The Employer shall contribute those premiums necessary to purchase
medical care insurance for each regular employee and their dependents under the City of
Tukwila's Self -Insured Medical Plan:
• the annual deductible shall be one hundred dollars ($100.00) per person and three
hundred dollars ($300.00) per family.
• co -pay for specialist to $40
• co -pay for complex imaging to $100
• co -pay for urgent -care doctor visits to $50
• Change to Envision Select Formulary (pharmacy)
11.1.1 The Employer shall pay the full premium cost for medical coverage under the Self -Insured
Medical Plan up to a maximum increase of eight percent (8%) each year. In the event the
monthly premiums increase more than eight percent (8%) in a year, the Employer or the
Union have the right to reopen the Agreement to negotiate changes in the Self -Insured
Medical Plan benefit levels so that the increase in premium costs does not exceed eight
percent (8%).
The medical committee shall meet to discuss and negotiate changes in the Self -Insured
Medical Plan benefit levels so the increase in premium costs do not exceed eight percent
(8%).
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11.1.2 For employees who elect medical coverage through Kaiser Permanente, the Employer
shall pay up to the maximum dollar amount contribution for the Self -Insured Plan for full -
family coverage. Any premium amounts in excess of the Employer's contribution shall be
paid by the individual through payroll deduction. Coverage under the Plan shall be as
determined by Kaiser Permanente.
11.2 Dental Insurance - The Employer shall contribute one hundred percent (100%) of those
premiums necessary to purchase dental care insurance coverage for each full-time
employee and their dependents under the City of Tukwila Self -Insured Medical/Dental plan.
11.3 Vision Insurance -The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase vision care insurance coverage for each full-time employee and
their dependents and/or domestic partner under the currently existing vision insurance
program made available through Teamsters Vision Care Plan (Extended Benefit Plan) or
other equivalent plan which does not reduce benefits, as may be chosen by the Employer.
11.3.1 The Employer shall make the necessary contributions for the vision insurance benefits
specified in this Article for all regular employees who are compensated for sixty (60) hours
or more a month. The employee and eligible dependents will become initially eligible on
the first day of the month in which the third consecutive monthly payment is made on the
employee's behalf. Note: Employees should check with Human Resources prior to
accessing this benefit to assure eligibility status.
11.4 Life Insurance - The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase a Fifty thousand dollar ($50,000) life insurance policy for each full-
time employee which shall provide for a beneficiary of such policy as designated by the
employee.
11.4.1 Senior Program Manager's Life Insurance — The City shall pay the premium to purchase
life and accidental death and dismemberment insurance at 100% of annual earnings
rounded up to the next higher multiple of $1,000. The maximum amount is $150,000.
Supplemental Life Insurance can be purchased on an individual basis at the group rates
provided by the City insurance carrier, through payroll deduction as an enhancement to
the policy provided by the City. Approval for the additional supplemental life insurance is
based upon the City insurance carriers underwriting criteria.
11.5 Health Insurance for Regular Part-time Employees - Regular part-time employees shall
receive health insurance benefits as provided in Sections 11.1 through 11.4 on a pro rata
basis. For example, if a regular part-time employee normally works four (4) hours per day
and the department's normal workday is eight (8) hours, the Employer shall pay fifty percent
(50%) of those premiums it would have otherwise paid for a full-time employee.
11.5.1 For regular part-time employees who are regularly scheduled to work 0.75 FTE, such
employee may request to be given preference for additional work assignments [within the
employee's Department] up to 1.0 FTE status, based on the employee's seniority in the
classification. Such request shall be submitted in writing to the employee's Department
Head, or designee, on or before each January 1, commencing with January 1, 2010.
11.6 Long -Term Disability - The Employer shall pay one hundred percent (100%) of those
premiums necessary to purchase a Long -Term Disability Insurance Plan that provide for
the payment of sixty percent (60%) of an employee's earnings while on long-term disability.
11.6.1 Voluntary Supplemental Insurance-AFLAC - The City will offer a voluntary supplemental
Short Term Disability policy through AFLAC and the City will provide for employee payroll
deduction for this purpose.
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11.7 Effective Date of Coverage - Coverage for the health insurance benefits set forth in this
Article shall become effective the first day of the first full month of employment; provided
however, if an employee is hired on the first work day of any month, the employee's
coverage begins and becomes effective on that day.
11.8 The City has developed a VEBA PLAN to enable employees who are eligible to cash in
accrued sick leave hours in accordance with Article 10.2.6 (HRA/VEBA) and contribute the
amount to a VEBA account on behalf of the employee.
11.8.1 The Senior Program Managers have elected by majority vote to make a monthly
contribution that will be payroll deducted from their wages on a monthly basis. The Senior
Program Managers elected to have $25 per month deducted from wages into their
individual VEBA account.
Should a bargaining unit during the term of this Agreement, as a whole, by majority vote
elect to make a monthly contribution that will be payroll deducted from their wages on a
monthly basis, elect to participate in the VEBA. The Union shall conduct a vote and relay
to the employer the elected amount to be deducted from wages into their individual VEBA
account.
11.9 The City and Union each reserve the right to open negotiations on insurance issues (only)
in the event healthcare reform legislation mandates changes that have unanticipated
impacts on the parties. The purpose of such negotiations shall be to reach agreement on
a mutually acceptable alternative medical insurance option(s).
11.10 Pensions - The Employer and the employees shall participate in the Washington Public
Employees Retirement System as set forth in RCW 41.44 as now set forth or hereafter
amended.
11.11 Western Conference of Teamsters Pension Plan: A preapproved group within the
bargaining unit may, during the term of this Agreement, as a whole, elect to participate in
the Western Conference of Teamsters Pension Trust. Contributions shall be by pre-tax,
consistent with Federal and State Guidelines, by payroll diversion on all Teamsters pension
eligible hours compensated and shall be uniform by classification, with the exception of
vacation cash outs and non -bargaining unit work performed. If the bargaining unit votes to
participate and in the future liability is assessed against the City due to a Union proposed
withdrawal from the Pension Trust, said liability shall be paid by the bargaining unit
members. Compensation pre-tax diversions in effect at the time shall continue until such
time each bargaining unit member's proportional share of the withdrawal liability is
satisfied.
a. The total amount due to the Trust Fund for each monthly payroll period
shall be remitted to the Administrator for the Trust Fund in a lump sum by
the City on or before the 20th of the month for Teamster pension eligible
hours compensated during the preceding month. The City shall abide by
reasonable rules as may be established by the Trustees of said Trust Fund
to facilitate the determination of the reporting and recording of the
contribution amounts paid for all bargaining unit Teamsters employees.
b. The bargaining unit may, during the term of this Agreement, as a
bargaining unit elect to increase the payroll diversion amount. If it does,
Teamsters 763 and the City will execute a Memorandum of Understanding
in a timely manner.
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c. When the Western Conference of Teamsters Pension Plan and the City
finalize the pension contributions owed to the Pension Plan after an audit,
any overpayment including interest prepaid by the City on behalf of the
employees will be reimbursed to the City.
11.11.1 Job Posting: When the City posts for a position which has utilized the pre-tax payroll
diversion of the Western Conference of Teamsters Pension Plan and/or VEBA the City
shall advertise the wage rate range as it is applied after the pre-tax diversion. The City
may choose to advertise the bargaining unit also diverts "X" into a supplementary
retirement plan.
(Senior Program Managers 11.11 (a) and (b) in a separate appendix)
ARTICLE XII MISCELLANEOUS
12.1 Entire Agreement - The purpose of the Employer and the Union in entering into this
Agreement is to set forth their entire agreement with regard to wages, hours and working
conditions so as to promote efficient operations; the morale and security of employees
covered by this Labor Agreement; and harmonious relations, giving full recognition to the
rights and responsibilities of the Employer, the Union and the employees.
12.2 Education - The Employer shall reimburse employees for educational expenses (tuition,
registration and books) for job -related courses with prior approval of the department head.
Reimbursement shall only be made after successful completion (grade "C" or better) of the
course.
12.3 Training - The Employer shall strive to further develop a training and development program.
Such a program may be conducted during regularly schedule working hours. The Employer
shall strive to scheduled training sessions on a regular basis.
12.4 Safety - The Employer and employees shall comply with all applicable laws relating to
safety.
12.5 Dress - Employees shall dress neatly and completely for work. If deemed necessary by the
supervisor shall wear pants, shirts, approved safety shoes, gloves, rain gear and hard hats.
All of the personal protective Equipment and uniform items issued by the city shall be the
responsibility of the employee to whom they are issued and the employee shall exercise
reasonable care in the maintenance of these items.
12.5.1 The Employer shall purchase the following protective equipment for each employee
deemed necessary by the employer:
• Safety Footwear (see below)
• Rain gear (pants and jackets)
• Hard hat
• Specialized gloves (when needed in the handling of toxic materials or sewage)
• Department issued coat that is issued every three (3) years
• Five (5) t-shirts with Tukwila Public Works emblem
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12.5.2 The Police Records Supervisor shall receive a clothing allowance in the amount of $350.00
as provided for other uniform front office staff in the Police Department. The purpose of
such allowance is to clean and/or repair any approved business attire. The allowance shall
be paid once annually to the Police Records Supervisor on January 31 of each new year,
subject to a prorated deduction from the final paycheck in the event an employee does not
serve the entire twelve (12) months for which such payment was made with the exception
of an employee who retires or expires, in which case no deduction will be made.
12.5.3 The Employer shall provide required equipment and a safety footwear allowance for the
employees in the classifications listed below.
1. Project Manager
2. Superintendent (Maintenance and Operations)
3. Traffic Operations Coordinator
4. NPDES Coordinator and Inspector
5. Maintenance & Trades
6. Inspectors
7. Code Enforcement
12.5.4 For employees who are required to wear approved safety footwear. The definition of safety
footwear shall be the same as referenced in 296-155-212 of the Washington Administrative
Code (WAC). Upon proof of purchase, the Employer shall reimburse each employee
towards the cost of such footwear which shall bear identifying marks or labels indicating
compliance with the code as revised or its equivalent. The Employer shall increase the
safety footwear reimbursement each year of the Agreement as follows:
January 1, 2020 $240.00
January 1, 2021 $245.00
January 1, 2022 $250.00
12.5.6 Also, because the Fire Project Coordinator's, Plans Examiner and Senior Program
Manager regular assignments require the employee to perform field operations duties from
time to time, a reimbursement allowance shall be in every even year of this Agreement
shall apply for the purchase of approved safety footwear.
12.5.7 Reimbursement for the repair of personal property damaged in the performance of an
employee's duties shall be reimbursed for the replacement value.
12.6 Personal Appearance and Conduct - It shall be the responsibility of all employees to
represent the Employer to the public in a manner which shall be courteous, efficient and
helpful.
12.7 The parties have agreed to adopt the City of Tukwila Drug and Alcohol Testing Manual and
the City of Tukwila Drug and Alcohol Testing Policy for Employees who Operate
Commercial Vehicles, including the changes to the existing Manual and Policy which were
reviewed in written form by the parties for CDL employees on February 12, 2002.
12.8 Showers - Showers shall be provided for those employees working with sewers or toxic
materials.
12.9 The employer will reimburse employees classified as Fleet Technicians and Fleet
Superintendent in the amount:
• $400.00 for 2020
• $450.00 for 2021
• $500.00 for 2022
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For the purchase of needed job related tools that will be used in the performance of their
essential job functions.
Each year the Fleet Technician and Fleet Superintendent shall provide the Employer sales
slips as proof of purchase, and must be presented by December 31, each year in order to
be reimbursed. There is no carry-over provision from one calendar year to the next.
ARTICLE XIII PERFORMANCE OF DUTY
13.1 No employee shall strike or refuse to perform their assigned duties to the best of their ability
nor shall the Union cause or condone any strikes, slow -downs or other interference with
the normal operation of the Employer. Any or all employees who violate any provision of
this Article may be subject to disciplinary action up to and including termination. The
Employer shall not lock out any employee during the life of this Agreement.
ARTICLE XIV MAINTENANCE OF STANDARDS
14.1 Any and all base wages shall be maintained at not less than the highest standards in effect
at the time of signing of this Agreement.
ARTICLE XV MANAGEMENT RIGHTS
15.1 Any and all rights concerned with the management and operations of the departments
which have employees covered by this Agreement are exclusively that of the Employer
unless otherwise provided by the terms of this Agreement.
15.2 Examples of rights reserved to management shall include the following:
• To approve and schedule all vacations and other employee leaves
• To assign and approve work and overtime
• To classify jobs
• To determine and control the budget
• To determine business hours
• To determine number of personnel, the methods, means and equipment for
operations of the department
• To determine physical, mental, and performance standards
• To determine qualifications for employment
• To determine the Employer's mission, policies, and all standards of service
offered to the public
• To determine the length of shifts, starting and quitting times
• To discipline, suspend, demote, discharge employees for Just Cause
• To discontinue work that would be wasteful, unproductive or duplicative
• To establish the makeup of the workforce
• To introduce and use new and improved methods, equipment, or facilities
• To lay off employees
• To make and modify rules and regulations for the operations of the Department
and conduct of its employees
• To plan, direct, schedule, control, and determine the operation of services to be
conducted by employees
• To recruit, hire, promote, transfer, assign employees into bargaining unit
positions
• To schedule work
• To train and direct employees
• To take any action necessary, including modifications of work schedules and
work assignments, to carry out the city's mission in the event of emergency
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15.3 Except as otherwise provided by the terms of this Agreement the City agrees that a
continuing duty to bargain exists as to the impacts of management decisions in the exercise
of those enumerated rights that effect wages, hours and working conditions within the
meaning of RCW Chapter 41.56.
15.4 Application of the terms of this Agreement to employees in the Municipal Court shall be
subject to the discretion of the Judge pursuant to General Rule 29.
It is understood that judicial and administrative duties set forth in this rule cannot be
delegated to persons in either the legislative or executive branches of government. The
presiding judge of the Tukwila Municipal Court or their judicial designee will maintain full
responsibility for all hiring and termination of court employees. This includes all layoff and
recall decisions for all judicial branch positions.
ARTICLE XVI WARNING NOTICE
16.1 The Employer shall not discharge nor suspend any employee without just cause, but in
respect to said discharge or suspension shall give at least one warning notice of the
complaint against such employee to the employee in writing. A copy of any disciplinary
action shall be sent to the Union at such time it is presented to the employee. Warning
notices relating to work performance shall not remain in effect for a period of more than ten
(10) months from the date of said warning notice; provided however, warning notices may
be retained in the employee's file for a period of up to eighteen (18) months for the purpose
of demonstrating a pattern of recurrent or habitual behavior of a similar nature. Warning
notices in order to be considered valid must be issued within fifteen (15) work days after
the occurrence of the violation claimed by the Employer in such warning notice. Timelines
may need to be extended by mutual agreement. The Union will not unreasonably deny an
extension. No prior warning notice shall be necessary if the cause for discharge or
discipline is a result of such matters equal to and including theft, gross insubordination,
moral turpitude or intoxication during working hours.
ARTICLE XVII GRIEVANCE PROCEDURE
17.1 A "Grievance" shall mean a claim or dispute by an employee with respect to the
interpretation or application of the provisions of this Agreement.
17.2 STEP I - An employee and/or their Union Representative must present a grievance within
ten (10) working days of its alleged occurrence or knowledge of same to the employee's
supervisor and department head, who shall attempt to resolve it within ten (10) working
days after it is presented to them.
17.3 STEP II - If the employee is not satisfied with the solution by the department head, the
grievance, in writing, together with all other pertinent materials may be presented to the
Mayor or their designee by a Union Representative. The Mayor, or their designee, shall
attempt to resolve the grievance within ten (10) working days after it has been presented
to him.
17.3.1 The parties may mutually agree to utilize a Public Employment Relations Commission
(PERC) mediator at any time during this process. Should the parties mutually agree to
utilize this service, the grievance shall be held in abeyance until such time the mediation
process is concluded.
17.4 STEP III - If the grievance is not resolved by the Mayor, Presiding Judge, or their designee,
the grievance may, within fifteen (15) days, be referred to an arbitrator. If the Employer and
the Union are unable to agree upon an arbitrator within five (5) days after they first meet to
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determine such an appointee, they shall jointly request the Public Employment Relations
Commission to provide a list of seven (7) names from which the parties may select one.
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 person whose name was not
eliminated shall be the arbitrator.
17.5 It shall be the function of the arbitrator to hold a hearing at which the parties may submit
their positions concerning the grievance. The arbitrator shall render their decision based
on the interpretation and application of the provisions of this 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 Employer which is beyond
its jurisdiction. Each party hereto shall pay the expenses of the arbitrator on a shared basis.
Each party hereto shall pay the expenses of their own representatives (e.g. witnesses and
attorneys fees).
17.6 Neither the arbitrator nor any other person or persons involved in the grievance procedure
shall have the power to negotiate new agreements or change any of the present provisions
of this Agreement.
17.7 No part of the above procedure shall be in conflict or violation of RCW 41.56.080.
17.8 It is specifically and expressly understood and agreed that any alleged violation of any
provisions of this Agreement that cannot be resolved under Sections 17.2 or 17.3 shall be
resolved through Section 17.4 and not the courts. Any appeal to arbitration shall be made
in writing by the grieving party within fifteen (15) days after the Mayor's answer (per Judge's
review) in Section 17.3. Such appeal shall constitute an election of remedies and waiver of
any and all rights 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 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 XVIII SEPARABILITY
18.1 If any Article of this Agreement shall be held invalid by operation of law or by any tribunal
of competent jurisdiction, or if compliance or enforcement of any Article should be
restrained by such tribunal pending a final determination as to its validity, the remainder of
this Agreement shall not be held invalid and shall remain in full force and effect. In the
event that any provision of this Agreement is held invalid or enforcement of or compliance
with which has been restrained, as afore -referenced, the parties hereto shall enter into
immediate collective bargaining negotiations upon the request of either party for the
purpose of arriving at a mutually satisfactory replacement covering the same subject
matter.
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ARTICLE XIX DURATION
19.1 This Agreement shall be in full force and effect on January 01, 2020, and shall remain in
full force and effect through December 31, 2022, during which time no additional provisions
shall be negotiated to become effective prior to January 01, 2023, except as provided
herein.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By jLLrdjz
S tt A. Sullivan
Secretary -Treasurer
Date t ` `'"'1' - k
CITY OF TUKWILA, WASHINGTON
By
Allan Ekberg
Mayor
Date
By
Kimberly A. Walden
Presiding Judge
Date
By
Reviewed by City Attorney
Date
HE
AGREEMENT 2020 - 2022
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APPENDIX "A"
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF TUKWILA,
WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International
Brotherhood of Teamsters, hereinafter referred to as the Union.
A.1 The classifications of work, allocation of bargaining unit positions to their respective
bargaining units and their corresponding Pay Ranges for classifications covered by this
Agreement shall be as follows;
ADMINISTRATIVE/TECHN]CAL:
CLASSIFICATION
Admin Support Assistant
Recreation Program Assistant
Admin Support Technician
Fiscal Support Technician
Technology Services Assistant
Admin Support Specialist
Admin Support Coordinator
Bailiff
Fiscal Specialist
Recreation Program Specialist
Building Inspector I
Plans Examiner
Building Inspector II
Code Enforcement Officer
NPDES Inspector (Entry)
Payroll Specialist
Police Records Supervisor
Project Inspector (Entry)
Technology Services Specialist (Entry)
Building Inspector III
Director of Instruction -Golf
NPDES Inspector (Senior)
Project Inspector (Senior)
Recreation Program Coordinator
Senior Plans Examiner
Emergency Management Specialist
Senior Electrical Inspector
Technology Services Specialist (Senior)
DBM PAY RANGE
A11
A11
Al2
Al2
Al2
A13
B21
B21
B21
B21
B22
B22
B23
B23
B23
B23
B23
B23
B23
B24
B24
B24
B24
B24/B31
B24
B25
B25
B25
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 25
199
MAINTENANCE/TRADES:
CLASSIFICATION
Maintenance Worker
Facilities Custodian
Maintenance Technician
Facilities Maintenance Technician
Maintenance Specialist
Facilities OPS Technician
Fleet Technician
Maint & OPS Specialist
Maintenance Specialist
Sr, Maintenance Specialist
Water Quality Specialist
Senior Facilities Custodian
Lead Maintenance Specialist
Senior Maint & OPS Specialist
Maintenance and OPS Foreman
Facilities Operations Foreman
Golf Maintenance Supervisor
Parks Maintenance Supervisor
PROFESSIONAL/SUPERVISORY
CLASSIFICATION
Assistant Planner
Database Administrator
Database Systems Administrator
Fire Project Coordinator
GIS Coordinator
Traffic Operations Coordinator
Parks/Facilities Project Coordinator
Permit Coordinator
Probation Officer
Technology Operations Supervisor
Engineer
Environmental Specialist
Fiscal Coordinator
NPDES Coordinator
Fisheries Biologist
Maint & OPS Superintendent
Program Coordinator
Recreation Superintendent
Senior Planner
Information Systems Project Analyst
Program Manager
Project Manager
Senior Fiscal Coordinator
Fiscal Supervisor
IT Business Analyst
Parks & Recreation Manager
Planning Supervisor
Fiscal Manager
PAY RANGE
A11
Al2
A13
B21
B21
B22
B22
B22
B22
B22
B23
B23
B23
623
624
B24
B31
B31
PAY RANGE
C41
C41
C41
C41
C41
C41
C41
C41
C41
C41
C42
C42
C42
C42
C42
C42
C42
C42
C42
C43
C43
C43
C43
C51
C51
C51
C51
C51
200
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 26
SENIOR PROGRAM MANAGERS
CLASSIFICATION PAY RANGE
Senior Program Manager D61
A.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive a 1.53% wage increase representing 90% of the CPI-W of
Seattle/Tacoma/Bellevue from June 2018 to June 2019, effective January 1, 2020.
Administrative/Technical:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
All
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
B24/B31
$5,905
$6,201
$6,508
$6,835
$7,177
1325/1332
$6,314
$6,632
$6,965
$7,314
$7,682
Maintenance/Trades:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
All
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
B24/B31
$5,905
$6,201
$6,508
$6,835
$7,177
1325/632
$6,314
$6,632
$6,965
$7,314
$7,682
Professional/Supervisory:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
631
$5,905
$6,201
$6,508
$6,835
$7,177
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 27
201
Professional/Supervisory:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
B32
$6,314
$6,632
$6,965
$7,314
$7,682
C41
$6,761
$7,100
$7,454
$7,826
$8,215
C42
$7,233
$7,594
$7,972
$8,375
$8,792
C43
$7,740
$8,128
$8,533
$8,961
$9,408
C51
$8,282
$8,698
$9,129
$9,588
$10,069
C52
$8,862
$9,305
$9,770
$10,260
$10,772
Senior Program Managers:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Pay Range
D61
$8,391
$8,813
$9,232
$9,653
$10,073
$10,489
A.2.1 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2019 to June 2020, effective January 1, 2021.
A.2.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2020 to June 2021, effective January 1, 2022.
A.3 Longevity Bonus - Monthly longevity flat rates shall be as follows for regular full-time
employees after the completion of the number of years of full time employment with the
City set forth below. Regular part-time employees shall receive longevity on a pro-rata
basis.
Completion of 5 years
$75
Completion of 10 years
$100
Completion of 15 years
$125
Completion of 20 years
$150
Completion of25 years
$175
Completion of 30 years
$200
AA Evaluation Bonus - In the event evaluation bonuses are reinstated for non -represented
employees, the Employer and the Union shall meet and confer regarding implementation
of such a bonus for the bargaining units.
A.5 Differential Pay - Employees who are regularly scheduled to work between the hours of
11:00 P.M. and 7:00 A.M., shall be compensated a shift differential of fifty (50) cents per
hour for those hours worked between 11:00 P.M. and 7:00 A.M. in addition to their regular
hourly rate of pay. This provision does not apply to those employees that begin work at
5:00 A.M. or later in the A.M.
A.6 Market Compensation Study:
202
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 28
A.6.1 The City and Union agree to perform a Market Compensation Study for the
Administrative/Technical bargaining unit, as agreed upon in a previous Letter of
Understanding signed by the Union on June 25, 2018 and the City on July 3, 2018, and
extended by a Memorandum of Understanding signed by the Union on March 26, 2019
and the City on April 3, 2019. Positions in the Administrative/Technical bargaining unit
found to be under market will be brought to market retro-active to January 1, 2019.
A.6.2 The City and Union agree to perform a Market Compensation Study for the
Professional/Supervisory, Maintenance/Trades, and Senior Program Mangers bargaining
units. Positions within these units found to be under market will be brought to market
effective January 1, 2021.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By�
S ott A. Sullivan
Secretary -Treasurer C�
Date L t - 4 " , l
CITY OF TUKWILA, WASHINGTON
By
Allan Ekberg
Mayor
Date
By
Reviewed by City Attorney
Date
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative and Technical)
PAGE 29
203
LETTER OF AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, and Professional/Supervisory Employees)
January 01, 2020 through December 31, 2022
THIS LETTER OF AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter
referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND
DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter
referred to as the Union. It is understood and agreed by and between the Employer and the Union that,
notwithstanding any provisions of the Labor Agreement to the contrary, there shall be a category of
employee called the "Three Quarter Time Employee". Any employee working in this capacity shall be
subject to the following modifications to the Labor Agreement.
Three Quarter Time Employees shall work forty (40) hours a week for a period of nine (9) months; provided
however, these employees shall remain on the payroll for the full twelve (12) month calendar year.
Three Quarter Time Employees shall be paid seventy five percent (75%) of their regular hourly rate of pay
during the nine (9) month period when they are actively working for the Employer. Twenty five percent
(25%) of the regular hourly rate of pay for their classification of work shall be "banked" (accrued, but not
paid). The Employer shall evenly disburse in regular increments to such Three Quarter Time Employee his
banked compensation over the remaining three (3) month period that he does not work. These employees
shall be paid these evenly disbursed amounts on the same regular pay dates established for other
bargaining unit employees.
Three Quarter Time Employees shall not be allowed to earn or accrue compensatory time.
All hours worked by a Three Quarter Time Employee in excess of forty (40) hours in a week shall be
compensated during the pay period it was earned at one and one-half (1-1/2) times his regular (100%)
hourly rate of pay.
All insurance benefits for Three Quarter Time Employees shall be paid for by the Employer at seventy-five
percent (75%) of the regular premium with the remaining twenty-five percent (25%) being paid for by the
Three Quarter Time Employee. The insurance benefits referred to herein shall include Medical (optional),
Dental (optional), Vision, Life Insurance, Public Employees Retirement System and Federal Insurance
Contribution Act payments, and shall continue to be provided on the basis set forth herein for the three (3)
month period that the Three Quarter Time Employee does not actively work for the Employer, provided the
employee pays his share of the premiums.
Three Quarter Time Employees shall accrue vacation and sick leave benefits for the full calendar year at
Seventy Five (75%) of the regular rate set forth within the Labor Agreement. Vacation and sick leave
benefits shall only be used during the nine (9) month period that the Three Quarter Time Employee is
actively working for the Employer. Unused vacation and/or sick leave benefits shall be carried over from
one year to the next in accordance with the terms of the Labor Agreement.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrativerrechnical)
PAGE 30
204
Three Quarter Time Employees shall be paid holiday pay at seventy-five percent (75%) of the rate set forth
within the Labor Agreement. Holidays, including floating holidays, which occur during the three (3) month
period that the Three Quarter Time Employee is not actively working for the Employer shall be paid to the
Three Quarter Time Employee as they occur at a seventy-five percent (75%) of the rate set forth within the
Labor Agreement.
Three Quarter Time Employees shall not be eligible for unemployment benefits during the three (3) month
period that they are not actively working for the Employer, but are receiving benefits and banked
compensation from the Employer.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By By
S ott A. Sullivan
Secretary -Treasurer q
Date t 1 " i " t Date
CITY OF TUKWILA, WASHINGTON
Juan Padilla
Director Human Resources
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative/Technical)
PAGE 31
205
LETTER OF AGREEMENT
By and between
CITY OF TUKWILA, WASHINGTON
And
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative/Technical Employees)
January 01, 2020 through December 31, 2022
THIS LETTER OF AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter
referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND
DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter
referred to as the Union. It is understood and agreed by and between the Employer and the Union that,
notwithstanding any provisions of the Labor Agreement to the contrary, there shall be a category of
employee called the Recreation Program Assist@nt/Preschool Teacher. A Recreation Program
Assistant/Preschool Program Instructor working in this capacity shall be subject to the following
modifications to the Labor Agreement.
The Recreation Program Assistant/Preschool Teacher shall work twenty-six (26) hours a week for a period
of 39 weeks provided however, these employees shall remain on the payroll for the full twelve (12) month
calendar year.
The Recreation Program Assistant/Pre-School Teacher shall be paid for twenty (20) hours at their regular
hourly rate of pay when they are actively working for the Employer. Six (6) hours of the regular hourly rate
of pay for their classification of work shall be "banked" (accrued, but not paid). The Employer shall evenly
disburse in regular increments to the Recreation Program Assistant/Preschool Teacher from their banked
compensation during the 13 weeks they are not actively working during the calendar year. These
employees shall be paid these evenly disbursed amounts on the same regular pay dates established for
other bargaining unit employees.
The Recreation Program Assistant/Pre-School Teacher shall not be allowed to earn or accrue
compensatory time.
All hours worked by the Recreation Program Assistant/ Preschool Teacher in excess of forty (40) hours in
a week shall be compensated during the pay period it was earned at one and one-half (1-1/2) times their
regular (100%) hourly rate of pay.
All insurance benefits for the Recreation Program Assistant/ Preschool Teacher shall be paid for by the
Employer at fifty percent (50%) of the regular premium with the remaining fifty percent (50%) being paid for
by the employee, except for contributions to the Public Employees Retirement System and Federal
Insurance Contribution Act. The insurance benefits referred to herein shall include Medical (optional),
Dental (optional), Vision, Life Insurance, and shall continue to be provided on the basis set forth herein for
the period that the Employee does not actively work for the Employer, provided the employee pays their
share of the premiums.
A AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrative/Technical)
PAGE 32
206
The Recreation Program Assistant/Preschool Teacher shall accrue vacation and sick leave benefits for the
full calendar year at fifty percent (50%) of the regular rate set forth within the Labor Agreement. Vacation
and sick leave benefits shall only be used during the period that the Employee is actively working for the
Employer. Unused vacation and/or sick leave benefits shall be carried over from one year to the next in
accordance with the terms of the Labor Agreement. The Recreation Program Assistant/Preschool Teacher
shall be paid holiday pay at fifty percent (50%) of the rate set forth within the Labor Agreement. Holidays,
including floating holidays, which occur during the period that the Employee is not actively working for the
Employer shall be paid to the Employee as they occur at a fifty percent (50%) of the rate set forth within the
Labor Agreement.
The Recreation Program Assistant/Pre-school Teacher shall not be eligible for unemployment benefits
during the period that they are not actively working for the Employer, but are receiving benefits and banked
compensation from the Employer.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By By
ott A. Sullivan
Secretary -Treasurer
Date f I — t Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
A AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrativerrechnical)
PAGE 33
207
MEMORANDUM OF UNDERSTANDING
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades. Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS MEMORANDUM OF UNDERSTANDING is by and between the CITY OF TUKWILA,
WASHINGTON (hereinafter referred to as the "Employer") and the PUBLIC PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL NO. 763, affiliated with the International Brotherhood of
Teamsters, (hereinafter referred to as the "Union").
Effective January 1, 2020, the City and the Union agree to manage Out of Class Pay, and Acting
assignments through the language in this MOU. The City and the Union agree to the following terms:
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 Definitions:
Out of class is typically when an employee takes on some of the duties of the classification
above their pay grade, while acting assignments are typically when the employee takes on
the majority of the duties of the higher classification and for a designated duration of time.
Out of Classification: Out of classification occurs when an employee in a regular position
is temporarily assigned the duties of a higher paid classification for less than 30-calendar
days. Employees working out of classification do not need to perform all of the
responsibilities of the higher -level classification for Working out of Classification to apply_
Acting assignment: If a working -out -of -classification assignment exceeds 29 consecutive
calendar days or is expected to last more than 29 consecutive calendar days, the
assignment will be converted retroactively to an acting assignment. Nothing herein
prevents the supervisor from appointing an employee to an acting assignment for less than
the 30 day period.
The definition of out of class does not apply to job shadowing, training or other cross
training opportunities.
Cross training: Cross training is defined as an employee working under the direction of the
supervisor or employee who regularly has the assigned work.
Job Shadow: Job shadowing is defined as an employee who follows an employee, who
may help with the assignment, for the purpose of learning a new classification or job duty
for the purpose of the job shadowing employee have some basic knowledge of the co -
worker's duties.
De miminis: De minimis is defined as too trivial or minor to merit consideration.
Out of Class Pay: In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned, the employee shall be paid at
an increase of five percent (5%) of their base hourly/monthly wage;
M
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrativerrechnical)
PAGE 34
7.2
Process
Any overtime earned while working -out -of -classification will include the 5% premium.
Acting Capacity Pad In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned in an acting capacity, the
employee shall be paid at the next higher rate of pay in the higher classification, with a
minimum increase of five percent (5%) of their base hourly/monthly wage.
Out of class is not when the assignment is de minimus in nature.
Supervisor must approve the out of class assignment.
Employee must work either:
a. More than half of a shift in one day (employee earns out of class for the
shift), or
b. More than an entire shift in one pay period in order to qualify for out of class
pay (and only for the hours worked out of class).
3. The Employer has the ability to schedule a meeting with the employee to discuss
and possibly challenge the employee's time spent working out of class. The
intent of this bullet point is to avoid excess amount of time.
When the supervisor is out and a situation arises needing immediate attention and/or
approval, the employee shall confirm with the supervisor's manager to determine if out of
class work is necessary and/or approved.
The Union shall have the right to grieve should the Union suspect the use of out of class is
being used to circumvent the hiring process or to prevent one employee from qualifying for
out of class/acting assignment by utilizing multiple employees to fill the position.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
Internation I Brotherhood of Teamsters
By By
Sc tt A. Sullivan
Secretary -Treasurer t
Date I( - 4 " 1 � Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Administrativetrechnical)
PAGE 35
209
210
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
Moro
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL
EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Maintenance/Trades Employees)
January 01, 2020 through December 31, 2022
211
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Maintenance/Trades Employees)
January 01, 2020 through December 31, 2022
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
ARTICLEI DEFINITIONS......................................................................................................................1
ARTICLEIV HOURS OF WORK.............................................................................................................2
ARTICLE V OVERTIME AND CALLBACK.............................................................................................3
COMMONCLAUSES...................................................................................................................................5
ARTICLE II
RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION ...........................5
ARTICLE III
UNION RIGHTS AND NON-DISCRIMINATION.................................................................6
ARTICLEVI
MONTHLY SALARIES........................................................................................................7
ARTICLE VII
WORKING OUT OF CLASSIFICATION.............................................................................7
ARTICLE Vill
PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES.................................7
ARTICLEIX
HOLIDAYS.. ............... ......................................................................................................
10
ARTICLEX
LEAVES............................................................................................................................11
ARTICLE XI
HEALTH INSURANCE......................................................................................................14
ARTICLEXII
MISCELLANEOUS............................................................................................................17
ARTICLE XIII
PERFORMANCE OF DUTY.............................................................................................19
ARTICLE XIV
MAINTENANCE OF STANDARDS...................................................................................19
ARTICLE XV
MANAGEMENT RIGHTS. ........................................................................... .....................
19
ARTICLEXVI
WARNING NOTICE..........................................................................................................20
ARTICLE XVII
GRIEVANCE PROCEDURE.............................................................................................20
ARTICLEXVIII
SEPARABILITY.................................................................................................................21
ARTICLEXIX
DURATION........................................................................................................................22
APPENDIX "A"
CLASSIFICATION AND MONTHLY RATES OF PAY.....................................................23
LETTER OF AGREEMENT - THREE QUARTER TIME EMPLOYEES......................................................28
MEMORANDUM OF UNDERSTANDING - WORKING OUT OF CLASSIFICATION................................30
212
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Maintenance/Trades Employees)
January 01, 2020 through December 31, 2022
THIS AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as
the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to
as the Union.
ARTICLE I DEFINITIONS
1.1 As used herein, the following terms shall be defined as follows:
1.1.1 "Employer" shall mean the City of Tukwila, Washington.
1.1.2 "Union" shall mean Public, Professional & Office -Clerical Employees and Drivers Local
Union No. 763, affiliated with the International Brotherhood of Teamsters.
1.1.3 "Bargaining Unit" shall mean all maintenance and trades employees (outside and shop),
excluding supervisors, working in positions listed in Appendix "A".
The City and Union agree to continue negotiating a Letter of Agreement to address
inclusion of seasonal and temporary employees into the bargaining unit. The parties also
agree (pursuant to WAC 391-35-350) failure to reach a tentative agreement on the issue
shall not bar either party from filing a unit clarification on the matter and such filing shall be
agreed to be timely during the period of this Agreement. The issue of application of the
various provisions of the Labor Agreement shall be subject to the negotiations and by
mutual agreement of the parties.
1.1.4 "Employee" shall mean a regular full-time or regular part-time employee twenty (20) hours
or more per week in the bargaining unit (as defined in subparagraph 1.1.3 hereof) covered
by this Agreement.
1.1.5 "Regular employee" shall mean an individual performing bargaining unit work for more than
one thousand forty (1040) hours in a twelve (12) consecutive month period, excluding
interns and employees funded by State or Federal grants.
1.1.6 "Monthly Salary" shall mean the monthly rate of pay so identified and set forth in Appendix
"A" to this Agreement.
1.1.6.1 "Straight Time Hourly Rate of Pay" shall be based upon the formula utilized by the
Employer for determining the employee's regular straight -time hourly rate of pay which is
to divide the monthly salary by 173.33. (For example, an employee with a base monthly
salary of $1,733.30 would be paid a straight -time hourly rate of pay of $10.00 per hour).
1.1.7 "Overtime" shall mean work performed in excess of the scheduled shift at straight -time in
any one day or forty (40) hours at straight -time in any one (1) week.
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 1
213
1.1.8 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on
which an eligible employee may, by prearrangement, continue to receive the regular rate
of compensation although he does not work.
ARTICLE IV HOURS OF WORK
4.1 Hours of Work - The workweek for regular full-time employees shall be comprised of four
(4) consecutive days of ten (10) consecutive hours of work (excluding the meal period)
totaling forty (40) hours and three (3) consecutive days off duty as determined by the
department head, or
4.1.1 The workweek for regular full-time employees shall be comprised of five (5) consecutive
days of eight (8) consecutive hours of work (excluding the meal period) totaling forty (40)
hours and two (2) consecutive days off as determined by the department head, or
4.1.2 The workweek for regular full-time employees shall be comprised of one week of five (5)
consecutive days, All but one of those days shall be at nine (9) consecutive hours of work
(excluding the meal period) with one day comprised of eight (8) consecutive hours totaling
forty (40) hours for the FLSA work week and two (2) consecutive days off as determined
by the department head. The following week shall be comprised of four consecutive days
comprised at nine (9) hours totaling forty (40) hours for the FLSA work week and three (3)
consecutive days off as determined by the department head.
4.1.3 Employees at the golf course pro shop, shall have at least one weekend day off, either
Saturday or Sunday.
4.2 Starting Times - Each employee shall be assigned a regular starting time which shall not
be changed without thirty-six (36) hours written notice except in the case of civil disorder
or natural disaster; and, if during this thirty-six (36) hour period an employee is deployed
from an on -call, call -out or availability list, then Article 5.3 (Callback) shall apply. In the
event an employee's regular starting time is changed without thirty-six (36) hours written
notice, he shall be paid in accordance with the provisions of Article V, Section 5.1,
Overtime, for all hours worked outside of the employee's normal work schedule. Temporary
work schedule changes may be made without notice to cover essential functions in case
of emergencies officially declared by the Governor of the State of Washington or the King
County Executive.
4.2.1 During an eight (8) hour workday schedule, if an employee's regular starting time is
changed with thirty-six (36) hours written notice and the employee is assigned to work a
shift consisting of four (4) or more hours outside of the employee's normal work schedule,
the employee's shift shall consist of seven (7) hours; provided however, such employee
shall be compensated for eight (8) hours at the employee's regular straight -time hourly rate
of pay. During a ten (10) hour workday schedule, if an employee's regular starting time is
changed with thirty-six (36) hours written notice and the employee is assigned to work a
shift consisting of five (5) or more hours outside of the employee's normal work schedule,
the employee' shift shall consist of nine (9) hours; provided however, such employee shall
be compensated for ten (10) hours at the employee's regular straight -time hourly rate of
pay.
4.2.2 With 72-hour written (email meets this requirement) notice, the Employer may require an
employee to attend a night meeting or work outside of their schedule by adjusting their start
time for that day. Employees may have flexible starting times and working hours with
mutual consent between the employee and the Employer.
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4.3 Rest Breaks - Employees shall receive a rest period of not less than fifteen (15) minutes,
on the Employer's time, for each four (4) hour work period. Rest periods shall be scheduled
as near as possible to the midpoint of the work period. No employee shall be required to
work more than three (3) hours without a rest period.
4.4 Meal Periods - The Employer shall provide each employee with one-half (1/2) hour for a
meal between the third and fifth hour of each shift. The employee may add the two (2)
fifteen (15) minute rest breaks to the meal period with the mutual agreement of the
Employer.
ARTICLE V OVERTIME AND CALLBACK
5.1 Overtime - All work performed in excess of the work schedule as established pursuant to
Section 4.1 shall constitute overtime and shall be paid for at one and one-half (1-1/2) times
the employee's regular straight -time hourly rate of pay for the first four (4) hours of
overtime. Overtime worked in excess of four (4) hours shall be paid at two (2) times the
employee's regular straight -time hourly rate of pay. Scheduled overtime on the employee's
normally scheduled day off shall be paid at one and one-half (1-1/2) times the employee's
regular straight -time hourly rate of pay for the first eight (8) hours. Hours worked in excess
of eight (8) hours of scheduled overtime shall be paid at two (2) times the employee's
regular straight -time hourly rate of pay.
5.1.1 Overtime shall be paid at in increments of fifteen (15) minutes with the major portion of
fifteen (15) minutes being paid as fifteen (15) minutes.
5.1.2 In computing overtime, all contractual holidays shall be considered as days worked.
Notwithstanding any provisions of the Labor Agreement to the contrary, the compensable
hours paid as vacation, sick, and holiday pay to Fair Labor Standards Act (FLSA) non-
exempt employees, shall be considered as hours worked for the purposes of the FLSA
rules governing overtime calculations.
5.2 Compensatory Time - In lieu of paid overtime, compensatory time -off may be utilized at the
discretion of the employee. The use of compensatory time is subject to scheduling by the
Maintenance Operations Supervisor or his designee, and shall be banked at the rate
earned pursuant to Section 5.1. The employee shall be allowed to accrue up to a maximum
of fifty (50) hours of compensatory time.
Supervisors may, prior to authorizing overtime, communicate to the employees the
supervisor's preference of how the overtime would be paid. In the example used herein,
the supervisor may be constrained on how to pay the overtime and may only do so using
one form or the other.
5.3 Non -Pyramiding - Premium or overtime pay shall not be duplicated or pyramided. In no
case shall premium or overtime pay be based on other than the regular straight -time hourly
rate of pay.
5.4 Callback - An employee who has left work and is called back to work after completion of a
regular day's shift shall be paid a minimum of four (4) hours at one and one half (1-1/2)
times his regular straight -time hourly rate of pay. Should the employee's regular shift start
less than two (2) hours from the time he started work on the callback, he shall receive one
and one-half (1-1/2) times his regular straight -time hourly rate of pay only for such time as
occurs before his regular shift.
Notwithstanding any provisions of the Labor Agreement to the contrary, the above
minimum call-back provision shall not apply to situations whereby the employee's work
assignment is to attend public meeting(s) providing the City meets the requirement of
Article 4.2.2.
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5.4.1 If the employee's Department Head or Division Manager (or designee) contacts an
employee for the purpose of trouble -shooting outside normally scheduled employee work
hours, and assistance is provided by the employee, the employee shall be paid overtime
for a minimum of fifteen (15) minutes or actual time required to handle Employer business,
but not to exceed thirty (30) minutes. If a callback to duty is then required, the fifteen (15)
minutes of overtime shall be included in the compensation paid at the overtime rate under
Section 5.3 (Callback).
5.5 Meal Reimbursement - Whenever an employee is required to work more than two (2) hours
after the end or before the beginning of his normal shift, if such work has not been
scheduled at least one (1) day in advance, or is attending an Employer approved seminar,
conference or training meeting away from the Employer's facility, the employee shall
receive per diem as posted on GSA.gov for King County or the applicable location when
traveling. Per the City's policy, incidental expense shall be broken up on a 1/2/2 ratio. i.e.
if the GSA reports IE at $5.00, then $1 to breakfast, $2 to lunch and $2 to dinner.
Breakfast .......................between the hours of 12:00 a.m. and 8:00 a.m.
Lunch.............................between the hours of 8:01 a.m. and 4:00 p.m.
Dinner............................between the hours of 4:01 p.m. and 11:59 p.m.
5.5.1 Whenever an employee works on a non-scheduled overtime basis (i.e., overtime due to an
emergency or call -in) he shall be provided with a meal or reimbursement in accordance
with the provisions of Section 5.4 above if the hours worked exceed five (5) hours. In such
instances, employees shall receive an additional meal reimbursement for every five (5)
hours in excess of the initial five (5) hour period.
5.6 Standby Duty Allowance - An employee who is required to be available and subject to call
shall receive a Standby Duty allowance of three (3) hours at the overtime rate for each day
he is required to be on Standby Duty. The employee on standby shall carry a
communication device (such as a pager or cell phone) and be able to respond immediately
to callback situations, without restrictions or impairments.
5.6.1 In the event an employee who is on Standby Duty is called out, he shall be compensated
in accordance with Section 5.4 above. In the event of a callback an employee on the
standby list does not respond the City retains the right to utilize any other available
personnel to respond to such callout.
5.6.2 Standby Duty time, as determined by the Employer, shall be rotated among those
bargaining unit employees who have passed probation, have at least one year of
experience in the assigned work, and have designated their preference to work standby
duty, Each employee may designate his weekend preference prior to the standby duty
rotation list being made and posted on the Union bulletin board. An employee may change
his weekend standby duty coverage provided he obtains another employee from the
standby duty list and notifies the department head or his designee at least twenty-four (24)
hours in advance. An employee may change his standby duty coverage with less than
twenty-four (24) hours notice due to an emergency, with the approval of the department
head or his designee. The Employer may trade standby duty assignments with another
standby duty employee when a possible emergency situation is anticipated that requires a
specific qualification, with at least twenty-four (24) hours notice to the employees affected.
5.6.3 The Employer shall retain the right to determine standby assignments
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COMMON CLAUSES
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
ARTICLE II RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION
2.1 Recognition - The Employer recognizes the Union as the exclusive bargaining
representative for the employees in the bargaining unit as defined in Article I, Section 1.1.3.
2.2 New -Hire Orientation - The Employer shall notify the Union of all new full-time and part-time
employees hired into the bargaining unit and the date and time of the orientation. The
Employer shall also notify the Union of all seasonal/temporary employees once such
employees become eligible for inclusion into the bargaining unit. The Union and/or shop
steward will then be provided 30 minutes during employees' new hire orientation period for
the purpose of presenting information about the bargaining unit and Union membership,
but in no instance later than 90 calendar days from their hire date or date of union eligibility.
2.3 Payroll Deduction - For such employees of the Employer as individually and voluntarily
certify in writing that they authorize such deduction and for the duration of this Agreement,
the Employer shall deduct from the first pay of each month the Union dues in an amount
not to exceed the Union provision in effect. Such amount shall be remitted promptly to the
duly designated officer of the Union.
An employee's request to revoke authorization for payroll deductions must be in writing
and submitted by the employee to the exclusive bargaining representative in accordance
with the terms and conditions of the authorization.
After the employer receives confirmation from the exclusive bargaining representative that
the employee has revoked authorization for deductions, the employer shall end the
deduction no later than the second payroll after receipt of the confirmation.
The employer shall rely on information provided by the exclusive bargaining representative
regarding the authorization and revocation of deductions.
2.4 Union Notification - Within ten (10) calendar days from the date of hire of a new employee,
the Employer shall forward to the Union the name, address and social security number of
the new employee. The Employer shall promptly notify the Union of all employees leaving
its employment.
2.5 Democratic Republican Independent Voters Education Drive (DRIVE): The employer
shall deduct a contribution from the pay of each employee who furnishes a written
assignment for DRIVE education. DRIVE shall notify the employer of the amounts
designated by each contributing employee that shall be deducted from their paycheck for
all weeks worked on a semi-monthly basis and during the scheduled payroll processing
period. The phrase "weeks worked" excludes any week other than a week in which the
employee earned a wage. The employer shall transmit to DRIVE National Headquarters,
AGREEMENT 2020- 2022
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on a monthly basis, in one check, the total amount deducted along with the name of each
employee on whose behalf a deduction is made and the amount deducted from the
employee's paycheck. The International Brotherhood of Teamsters shall reimburse the
employer annually for the employer's actual cost for the expense incurred in administering
the DRIVE payroll deduction plan. The employer will recognize authorization for the
deductions from wages, if in compliance with state law, to be transmitted to the Local Union,
or to such other organizations as the Union may request if mutually agreed to. No deduction
shall be made which is prohibited by applicable law.
The Union agrees to indemnify the employer to defend and to hold the employer harmless
from and against any claims made against the employer resulting from its compliance with
or obligations under the paragraph above, including but not limited to reimbursement for
monies deducted in accordance with the paragraph above which are disputed by the
employee. The Union, DRIVE and the employer further agree that all disputed deductions
are to be resolved among the Union, DRIVE and the employees without the involvement
of the employer.
ARTICLE III UNION RIGHTS AND NON-DISCRIMINATION
3.1 Union Officials Time -Off - A Union official who is an employee in the bargaining unit
(Executive Board Member, Shop Steward or member of the negotiating committee) shall
be granted time -off while conducting business vital to the employees in the bargaining unit,
provided:
3.1.1 They notify the Employer in writing no less than forty-eight (48) hours prior to the time -off
period.
3.1.2 The Employer is able to properly staff the employee's job duties during the time -off period.
3.1.3 The wage cost to the Employer is no greater than the cost that would have been incurred
had the Union official not taken time -off.
3.1.4 Union officials shall not transact Union business while working on shift which in any way
interferes with the operation of the normal routine of any department.
3.1.5 The Union shall notify the Employer in writing as to any changes in Union Officials.
3.2 Union Investigative and Visitation Privileges -Authorized representatives of the Union shall
have access to the Employer's establishment during working hours for the purpose of
investigating grievances, working conditions, ascertaining that the provisions of this
Agreement are being adhered to, and for regular visitation; provided however, there shall
be no interruption of the Employer's working schedule.
3.3 Bulletin Boards - The Employer shall provide a bulletin board at a central location. The
Union bulletin board shall be confined to use by the Union for such matters as
announcements of Union meetings, social functions, nomination and election of Union
Officers, information bulletins containing only factual reports of the progress or results of
Union -Employer negotiations, labor matters and such other matters as may properly be
considered as non -derogatory of the Employer, its elected officials or other personnel.
3.4 Non -Discrimination - The Employer and the Union shall cooperate to assure that no
employee is discriminated against by reason of race, religion, creed, color, national origin,
age, sex, marital status, sexual orientation, political affiliation, gender identity, honorably
discharged veteran or military status, Union activities or the presence of a disability or the
use of a trained dog guide or service animal by a person with a disability consistent with
RCW 49.60, unless such disability effectively prevents the performance of duties required
by the position and which are bona fide occupational qualifications or by reason of any
other legally protected class status.
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3.4.1 Wherever words denoting a specific gender are used in this Agreement, they shall be
construed so as to apply equally to either gender,
ARTICLE VI MONTHLY SALARIES
6.1 The monthly salaries of the employees covered by this Agreement are contained in the
appropriate Appendix(ices) to this Agreement. Should it become necessary to establish a
new job classification within the bargaining unit during the contract year, the Employer may
designate a job classification title and salary for the classification. The salary for any new
classification in the bargaining unit shall be subject to negotiations at such time as the
salaries for the subsequent year are negotiated or three (3) months after the classification
is established, whichever is earlier.
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 In the event that a qualified employee (at the sole discretion of the Employer) is required
and authorized to act in the capacity and perform the duties of a higher classification than
that to which they are regularly assigned, the employee shall be paid at the next higher
rate of pay in the higher classification, with a minimum increase of five percent (5%);
provided however, the employee shall have worked a minimum of eight (8) hours
performing such work during the workday; and, provided further, the employee must work
in the higher classification for a minimum of three (3) consecutive days. Pay for the work
out -of -classification shall be retroactive to and include the first day. The above three (3)
consecutive day requirement may be waived if operational needs exist. Compensation for
temporary assignments to positions outside the bargaining unit shall be as set forth in City
Policy applicable to non -bargaining unit employees of the City.
REFER TO MEMORANDUM OF UNDERSTANDING -WORKING OUT OF CLASSIFICATION
ARTICLE VIII PROBATION PERIOD LAYOFF, RECALL AND JOB VACANCIES
8.1 Probation Period - A new employee shall be subject to a six (6) month probation period
(with the exception of the Senior Program Managers, who shall serve a one (1) year
probation period) commencing with the employee's first date of hire within one of the
Teamster's bargaining units (Intent: first date of hire or rehire with the city). During this
period, such employee shall be considered as at will, subject to immediate dismissal at any
time at the sole discretion of the Employer; provided however, the Employer shall not
discharge or otherwise discipline an employee for protected Union activity. The application
of this provision shall not be subject to the grievance procedure.
8.1.2 Trial Service Period - A trial service period is a 6-month (1-year for Sr. Program Managers)
period beginning upon a promotion or transfer to a position currently not held by the
employee. The trial service period is intended to be served by a Teamster represented
employee who has not successfully served probation or trial service for the new job
classification in which they promoted or transferred into.
8.1.3 At any point during the trial service period, management and/or the employee have the
ability to end the trial service, and the employee will revert back to their previous held
position.
8.1.4 Should the employer need to backfill the vacated position created by the promotion or
transfer, the employer may post said vacancy as a temporary position which has the
potential (but not guarantee) to become permanent (upon completion of the probationary
period). The time spent in the temporary position shall be considered as part of the
probationary period.
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8.2 Considerations - In layoff, recall and filling regular job vacancies, the Employer shall give
consideration to an employee's length of continuous service with the employer (adjusted
to reflect any periods of unpaid leave where the employee's anniversary date had been
adjusted) and their ability to perform the duties required in the job. In applying this provision,
it is the intent to provide qualified employees with opportunities for promotion and the
Employer with efficient operations.
8.3 Layoff - The following will apply when layoff(s) or any reduction of compensable hours is
deemed necessary by the Employer. The employer will identify what funding issues needs
to be addressed to include reduced programs or service costs through reduction in force
or compensated hours.
The Union acknowledges the positions within the Sr. Program Manager bargaining unit are
not interchangeable with the exception of the Sr. Program Managers working in the
Water/Surface Water/Sewer departments.
Prior to making a decision to layoff or reduce compensable hours of employees in the
bargaining unit, the Employer shall meet and confer with the Union to confer and explore
alternatives and the effect of such layoff(s) or reduction of compensable hours. The
Employer shall negotiate with the Union regarding the effects of any decision to layoff or
reduce compensable hours of employees in the bargaining unit.
The City will use the current seniority list which will include the most recently hired
employee in the bargaining unit. Except as provided by this Article or elsewhere in this
Agreement, the employee with the shortest length of continuous service in the bargaining
unit affected shall be laid off first, provided those remaining on the job can provide efficient
operations. An employee who is laid off due to having the shortest length of continuous
service in the Teamsters bargaining units but, has seniority due to longevity within the city
(prior to transferring or promoting into a particular bargaining unit) shall have the ability to
exercise their seniority to revert back to (their previously held position or classification, if
vacant) an open or vacant position for which they are qualified.
If an employee promotes or transfers to a non -Teamster position within the city, their
seniority within the bargaining unit left shall be frozen. Should the employee return to their
previous bargaining unit, the employee shall continue accruing seniority from where they
left off. This does not apply for those employees who leave the City and consequently
returns to the City. In this case, the returning employee shall be considered a new hire
subject to Article 8.1.
The City will meet with the Union, at the request of either party, once the City decides how
to apply the contract language.
The parties may discuss if employees subject to layoff or reduction in compensated hours
in the effected bargaining unit are qualified to perform the remaining duties with limited
training.
The result of the meeting with the Union will be communicated to employees affected by
the layoff or reduction in compensable hours.
Effects bargaining will be completed as soon as possible thereafter.
The application of this language shall be subject to the grievance procedure. The Union's
pursuit of any contractual grievance regarding the above layoff provisions shall not relieve
the Employer of its obligation to bargain with the Union regarding the effects of any decision
to layoff or reduce compensable hours of employees in the bargaining unit.
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8.4 Recall - In the case of recall, those employees with the longest length of continuous service
in the bargaining unit affected shall be recalled first, provided they can perform the duties
required. An employee on layoff must keep both the Employer and the Union informed of
the address and telephone number where they can be contacted.
8.4.1 When the Employer is unable to contact an employee who is on layoff for recall, the Union
shall be so notified. If neither the Union nor the Employer are able to contact the employee
within seven (7) calendar days from the time the Union is notified, the Employer's obligation
to recall the employee shall cease. The Employer shall have no obligation to recall an
employee after they have been on continuous layoff for a period which exceeds one (1)
year. Should an employee not return to work when recalled, the Employer shall have no
further obligation to recall them.
8.5 Job Vacancies - When a regular job vacancy occurs, present employees who have applied
shall be given first consideration for filling the vacancy, based on their length of service
with the Employer and ability to meet the minimum qualifications of the job, provided this
Section does not conflict with any Federal or State Law. Internal applicants who meet the
minimum qualifications or, are otherwise qualified, shall move to the phone screen,
interview, or test which may be the first step of the hiring process,
8.5.1 Internal Job Postings Only - Notices of regular job vacancies shall be emailed to the
employee's City of Tukwila email address and remain open for five (5) work days from the
time of the original posting. Present employees who desire consideration for openings shall
notify the Employer by completing the application process during the five (5) work day
period the notice is posted. Internal applicants who meet the minimum qualifications or,
are otherwise qualified, shall move to the phone screen, interview, or test which may be
the first step of the hiring process.
8.5.2 Transfers - An employee who is transferred shall remain on the pay range STEP they are
transferring from and the employee shall progress along the pay range in accordance with
Section A.3, without a change in position anniversary date. If, however, the employee being
transferred does not currently possess the necessary certification(s) required of the new
job classification, they shall remain at their current rate of pay until such time that they
acquire the necessary certification(s) and the Employer is provided documentation thereof.
After notification to the Employer of the acquired certification(s), the employee shall move
up one (1) STEP (if another STEP exists within the pay range) retroactive to the
anniversary date, if their anniversary date has passed. The employee shall advance to the
next STEP in accordance with their original anniversary date. In no event shall the
retroactive period be for more than twelve (12) months.
8.6 Seniority List - Upon request, but not more than quarterly, the Employer shall provide the
Union with a seniority list showing the name of each employee within the bargaining unit,
and their present classification, date of hire and present rate of pay.
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ARTICLE IX HOLIDAYS
9.1 Employees shall receive the following holidays off with eight (8) hours compensation at
their regular straight -time hourly rate of pay:
New Year's Day
Martin Luther King Jr.'s Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Two (2) Floating Holidays
January 1st
3rd Monday of January
3rd Monday of February
Last Monday of May
July 4th
1st Monday of September
November 11th
4th Thursday of November
December 25th
At employee's choice
9.2 An employee may select the personal holiday(s) each calendar year as Floating Holiday
and the Employer shall grant the day(s) provided.
9.2.1 The employee has been or is scheduled to be continuously employed by the Employer for
more than four (4) months.
9.2.2 The employee has given not less than fourteen (14) calendar days written notice to the
supervisor; provided however, the employee and the supervisor may agree upon an earlier
date.
9.2.3 The number of employees selecting a particular day off does not prevent the Employer
from providing continued public service.
9.2.4 The personal holiday must be taken during the calendar year of entitlement or the day shall
lapse, except when an employee has requested a personal holiday and the request has
been denied.
9.2.5 Employees may take their personal floating holiday in one -hour increments.
9.3 In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be
the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday
shall be deemed to be the legal holiday.
9.4 Holidays For Regular Part -Time Employees - Regular part-time employees shall receive
holiday benefits on a pro rata basis. For example, if a regular part-time employee normally
works four (4) hours per day and the department's normal work day is eight (8) hours, the
employee shall receive four (4) hours compensation at this regular straight -time hourly rate
of pay for each contractual holiday and shall be subject to all the provisions of Article IX,
Holidays.
9.5 Any work required to be performed by an employee on any of the afore -referenced holidays
shall be paid at the overtime rate, in addition to the employee's regular eight (8) hours
holiday pay. No employee shall be called on such holiday for less than four (4) hours.
9.5.1 Senior Program Managers are FLSA exempt, therefore Article 9.5 does not apply to the
Senior Program Mangers.
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ARTICLE X LEAVES
10.1 Vacation Leave - Each employee shall, after six (6) months continuous service from the
last date of hire with the Employer, individually accrue vacation leave on the following basis
in accordance with their accumulated continuous service. Article 8.
10.1.1 A vacation cannot be taken until after the completion of six (6) full calendar months of
service without prior approval of the supervisor. An employee hired on or before the
fifteenth (15th) day of any month shall accrue vacation leave from the first day of that
month. An employee hired on or after the 16th day of any month shall accrue vacation from
the first day of the next month following.
10.1.2 Annual Vacation Leave shall accrue per pay period. Upon completion of the employee's
original probation, 48-hours of vacation shall be placed into the employees vacation
allotment. Additional annual leave shall accrue per pay period on the employee's
anniversary date in accordance with the following schedule:
Start of each
Vacation Accrual per
pay period
Annual vacation
Accrued
0-6
months
0.00
48 upon probation
7-24
months
4.00
96
year
3
5.00
120
year
4
5.00
120
year
5
5.00
120
year
6
5.34
128
year
7
5.34
128
year
8
5.67
136
year
9
6.00
144
year
10
6.34
152
year
11
6.67
160
year
12
7.00
168
year
13
7.34
176
year
14
7.67
184
year
15
8.00
192
10.1.3 An employee may accumulate a maximum of one (1) year's accrued vacation leave. An
employee may, therefore, take a maximum of two (2) vacation leaves consecutively.
Vacation time accumulated in excess of the maximum limit shall be forfeited. The
maximum number of accrued hours depending on the employee's years of service is
between 192 and 384.
10.1.4 Upon resignation from City employment, an employee shall be paid cash at the normal rate
of pay for their unused annual leave, provided regular status has been attained. If an
employee is prevented by injury or illness from working a full month, they shall nevertheless
be entitled to annual leave payment for that month, provided they have accrued sick leave
sufficient to cover the remaining days of the month.
10.1.5 Whenever an employee does not take a vacation to which they are entitled in any one (1)
calendar year, as above specified, by reason of the urgent need of their continuous
services or because of seasonal demand thereof, such employee, with approval of the
head of their department, may be allowed such vacation during the succeeding calendar
year, but in no event shall any vacation not taken during the year, when due, be
accumulated beyond the next succeeding calendar year. All vacations shall be taken at
such time as shall be approved by the head of the department.
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10.1.6 The usage of annual leave may be expended in increments of not less than one-half (1/2)
hour.
10.1.7 Vacations shall be scheduled at such times as the Employer finds most suitable after
considering the wishes of the employee and the requirements of the department.
10.1.8 Employees shall receive up to one (1) pay period vacation pay before leaving for their
vacation, upon request and with sufficient notice.
10.1.9 Upon the effective date of the termination of an employee's employment, such employee
shall thereupon cease to be an employee of the City of Tukwila. Such employee shall
thereupon be entitled to a sum of money equal to their former regular compensation for
any earned vacation leave time which has not been used or forfeited for failure to timely
claim; provided however, that in the event such employee fails to give the department head
under whom they are employed at least two (2) weeks notice of such termination of
employment or is discharged for just cause, the foregoing terminal vacation pay shall be
forfeited.
10.1.10 Vacation Leave for Regular Part-time Employees - Regular part-time employee shall
receive vacation benefits on a pro rats basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours compensation at their regular rate of pay
for each day of vacation earned. Regular part-time employees shall accrue vacation on the
same basis as a regular full-time employee and shall be subject to all the provisions of
Sections 10.1 through 10.1.10, Vacation Leave.
10.2 Sick Leave - An employee shall accumulate sick leave pay at the rate of four (4) hours for
each completed pay period (96-hours per calendar year) of service up to a carryover
accrual of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at
the rate of eight (8), nine (9) or ten (10) hours per day, depending on the employee's
scheduled workweek, at the employee's regular straight -time hourly rate of pay from and
including the employee's first (1st) working day absent. (i.e. An employee has accumulated
a total of 732 hours of sick leave in their sick leave bank on December 31 of any calendar
year. The employee shall begin the following year with 720 hours of sick leave bank with
the difference (12-hours for this example) will be cashed out to the employee in accordance
with the HRA/VEBA plan by the second pay date in January.)
10.2.1 Sick leave benefits shall apply to bona fide cases of employees sickness, accidents, doctor,
dental or ocular appointments, maternity leave or the illness or injury of a spouse or other
dependent family members with a health condition that requires treatment or supervision
and requests for the employee's presence by immediate family or doctor due to immediate
family members illness or emergency, pursuant to Section 10.3.1 and as may be required
by State or Federal Law.
10.2.2 A full-time employee who is on sick leave as specified in Section 10.2.1, for a period of
three (3) days or longer may be required, prior to being entitled to any compensation
therefore, furnish without delay, a return to work authorization from a qualified doctor.
10.2.3 In the event an employee terminates their employment, or such employment is terminated
for any reason whatsoever with the Employer prior to using their accumulated sick leave
time, they shall be entitled to pay equal to twenty-five percent (25%) of the amount payable
for any unused sick leave. In no case shall an employee be eligible for payment of unused
sick leave if terminated during the probation period.
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10.2.4 In any case in which an employee shall be entitled to benefits or payments under the
Workers' Compensation Act or similar legislation of the State of Washington, or any other
governmental unit, the Employer shall pay the difference between the benefits and
payments received under such Act by such employee and the regular rate of compensation
they would have received from the Employer if able to work. The foregoing payment or
contribution by the Employer shall be limited to the period of time that such employee had
accumulated sick leave credits as herein above specified. Furthermore, the sick leave
benefits herein specified shall not be applicable to any employee who is covered by any
relief and pension act or similar legislation providing for sickness and/or disability
payments, or the State of Washington, granting substantially equal or greater benefits than
herein provided.
10.2.5 Sick Leave For Regular Part -Time Employees - Regular part-time employees shall accrue
sick leave benefits on a pro rata basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours for each month of employment. Annual
accrual and use of sick leave shall be subject to all the provisions of Sections 10.2 through
10.2.5, Sick Leave.
10.2.6 HRANEBA Plan — Employees have adopted participation in an HRANEBA Plan, which
provides a "buy out" of eligible sick leave hours as, explained below, at the rate of twenty-
five (25%) of the value of those hours. All regular full-time and part-time (at least 20 hours
per week), employees are required to participate in the City HRANEBA Plan.
Regular full-time employees who work a minimum of forty (40) hours per week and regular
part-time employees, who work at least twenty (20) hours and less than forty (40) hours
per week, are eligible for the City HRANEBA Plan. The City agrees to "buy out" sick leave
hours of eligible employees at the rate of twenty-five percent (25%) of the value of those
hours over the maximum allowed for the employee's position with the City (i.e. over seven
hundred twenty (720) hours carryover accrual for regular employees. The sick leave hours
over the maximum will not exceed what can be earned in one calendar year (i.e. ninety-six
(96) sick leave hours by a regular full-time employee),
10.3 Bereavement Leave - An employee who has a member of their immediate family taken by
death shall receive up to three (3) days off with pay as bereavement leave. Up to an
additional two (2) days with pay may be granted when out-of-state travel is required.
10.3.1 "Immediate family" shall be defined as spouse, domestic partner, biological parent of the
employee or an individual who stood in loco parentis to the employee when the employee
was a son or daughter, mother, father, step parents, mother-in-law, father-in-law, children,
(including domestic partner's children in compliance with City Policy & Procedure #02-02-
14) step children, sister, brother, daughter-in-law, son-in-law, sister-in-law, brother-in-law,
grandparents, grandparents -in-law and grandchildren.
10.4 Jury Leave - An employee who is required to serve on a jury, or as a result of official City
of Tukwila duties is required to appear before a court, legislative committee or quasi judicial
body as a witness in response to a subpoena or other directive, shall be allowed authorized
leave with pay less any amount received for such service. The Employer reserves the right
to request that an employee who is called for jury be excused if their absence would create
a hardship on the operational effectiveness of the division to which they are assigned.
10.5 Leave of Absence - If authorized by the appropriate department head, employees may take
up to six (6) months leave of absence without pay. Such leaves do not constitute a break
in service but no benefits shall accrue during the leave of absence. Upon their return, the
employee shall be assigned to the same position or to an equivalent position occupied
before the leave.
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10.6 Temporary Disability Leave - Employees who are physically unable to perform the
functions of their position for medical reasons shall be placed on temporary disability leave.
Temporary disability leave shall be granted (with no loss of seniority) for illness, injury or
surgery and shall only be granted for the period of disability and shall not exceed six (6)
months. The Employer may extend the leave for an additional six (6) months. The
employee will provide a monthly report from their physician on the status of their injury,
with prognosis on their availability to return to work. Such leaves do not constitute a break
in service (or loss of seniority) but no benefits shall accrue during the temporary disability
leave. Upon expiration of temporary disability leave, the employee shall be assigned to the
same position, if open, occupied before the leave or to an equivalent open position. If no
positions are open or the employee refuses to accept the available position, the employee
shall be placed on the recall list as set forth in Article VIII.
In the event of an on the job injury, the employee shall be subject to return to work rights
and/or limitations as may be established as a matter of State Law. In any case, the
employee must be released as rehabilitated by the Department of Labor & Industries and
must be able to perform the essential functions of the position prior to returning to work.
10.7 Light Duty — In the event an employee sustains a job related injury or temporary disability
that prevents them from performing the essential functions and physical requirements of
their position classification, the City may provide a modified light duty work assignment
within the affected employees department, if work is available. The Employer will establish
the employee's duties and schedule.
If cleared to perform the light duties, said performance of the modified light duty assignment
shall be limited to sixteen (16) consecutive weeks at which time an assessment to
determine whether a reasonable accommodation under the Americans with Disability Act
(ADA) will be made as to the employee's ability to perform the essential functions of the
position and continued employment with the City.
The employee will provide the City a copy of any written restrictions from the employee's
physician.
ARTICLE XI HEALTH INSURANCE
11.1 Medical Insurance - The Employer shall contribute those premiums necessary to purchase
medical care insurance for each regular employee and their dependents under the City of
Tukwila's Self -Insured Medical Plan:
• the annual deductible shall be one hundred dollars ($100.00) per person and three
hundred dollars ($300.00) per family.
• co -pay for specialist to $40
• co -pay for complex imaging to $100
• co -pay for urgent -care doctor visits to $50
• Change to Envision Select Formulary (pharmacy)
11.1.1 The Employer shall pay the full premium cost for medical coverage under the Self -Insured
Medical Plan up to a maximum increase of eight percent (8%) each year. In the event the
monthly premiums increase more than eight. percent (8%) in a year, the Employer or the
Union have the right to reopen the Agreement to negotiate changes in the Self -Insured
Medical Plan benefit levels so that the increase in premium costs does not exceed eight
percent (8%).
The medical committee shall meet to discuss and negotiate changes in the Self -Insured
Medical Plan benefit levels so the increase in premium costs do not exceed eight percent
(8%).
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11.1.2 For employees who elect medical coverage through Kaiser Permanente, the Employer
shall pay up to the maximum dollar amount contribution for the Self -Insured Plan for full -
family coverage. Any premium amounts in excess of the Employer's contribution shall be
paid by the individual through payroll deduction. Coverage under the Plan shall be as
determined by Kaiser Permanente.
11.2 Dental Insurance - The Employer shall contribute one hundred percent (100%) of those
premiums necessary to purchase dental care insurance coverage for each full-time
employee and their dependents under the City of Tukwila Self -Insured Medical/Dental plan.
11.3 Vision Insurance - The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase vision care insurance coverage for each full-time employee and
their dependents and/or domestic partner under the currently existing vision insurance
program made available through Teamsters Vision Care Plan (Extended Benefit Plan) or
other equivalent plan which does not reduce benefits, as may be chosen by the Employer.
11.3.1 The Employer shall make the necessary contributions for the vision insurance benefits
specified in this Article for all regular employees who are compensated for sixty (60) hours
or more a month. The employee and eligible dependents will become initially eligible on
the first day of the month in which the third consecutive monthly payment is made on the
employee's behalf. Note: Employees should check with Human Resources prior to
accessing this benefit to assure eligibility status.
11.4 Life Insurance - The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase a Fifty thousand dollar ($50,000) life insurance policy for each full-
time employee which shall provide for a beneficiary of such policy as designated by the
employee.
11.4.1 Senior Program Manager's Life Insurance — The City shall pay the premium to purchase
life and accidental death and dismemberment insurance at 100% of annual earnings
rounded up to the next higher multiple of $1,000. The maximum amount is $150,000.
Supplemental Life Insurance can be purchased on an individual basis at the group rates
provided by the City insurance carrier, through payroll deduction as an enhancement to
the policy provided by the City. Approval for the additional supplemental life insurance is
based upon the City insurance carriers underwriting criteria.
11.5 Health Insurance for Regular Part-time Employees - Regular part-time employees shall
receive health insurance benefits as provided in Sections 11.1 through 11.4 on a pro rats
basis. For example, if a regular part-time employee normally works four (4) hours per day
and the department's normal workday is eight (8) hours, the Employer shall pay fifty percent
(50%) of those premiums it would have otherwise paid for a full-time employee.
11.5.1 For regular part-time employees who are regularly scheduled to work 0.75 FTE, such
employee may request to be given preference for additional work assignments [within the
employee's Department) up to 1.0 FTE status, based on the employee's seniority in the
classification. Such request shall be submitted in writing to the employee's Department
Head, or designee, on or before each January 1, commencing with January 1, 2010,
11.6 Long -Term Disability - The Employer shall pay one hundred percent (100%) of those
premiums necessary to purchase a Long -Term Disability Insurance Plan that provide for
the payment of sixty percent (60%) of an employee's earnings while on long-term disability.
11.6.1 Voluntary Supplemental Insurance-AFLAC - The City will offer a voluntary supplemental
Short Term Disability policy through AFLAC and the City will provide for employee payroll
deduction for this purpose.
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11.7 Effective Date of Coverage - Coverage for the health insurance benefits set forth in this
Article shall become effective the first day of the first full month of employment; provided
however, if an employee is hired on the first work day of any month, the employee's
coverage begins and becomes effective on that day.
11.8 The City has developed a VEBA PLAN to enable employees who are eligible to cash in
accrued sick leave hours in accordance with Article 10.2.6 (HRA/VEBA) and contribute the
amount to a VEBA account on behalf of the employee.
11.8.1 The Senior Program Managers have elected by majority vote to make a monthly
contribution that will be payroll deducted from their wages on a monthly basis. The Senior
Program Managers elected to have $25 per month deducted from wages into their
individual VEBA account.
Should a bargaining unit during the term of this Agreement, as a whole, by majority vote
elect to make a monthly contribution that will be payroll deducted from their wages on a
monthly basis, elect to participate in the VEBA. The Union shall conduct a vote and relay
to the employer the elected amount to be deducted from wages into their individual VEBA
account.
11.9 The City and Union each reserve the right to open negotiations on insurance issues (only)
in the event healthcare reform legislation mandates changes that have unanticipated
impacts on the parties. The purpose of such negotiations shall be to reach agreement on
a mutually acceptable alternative medical insurance option(s).
11.10 Pensions - The Employer and the employees shall participate in the Washington Public
Employees Retirement System as set forth in RCW 41.44 as now set forth or hereafter
amended.
11.11 Western Conference of Teamsters Pension Plan: A preapproved group within the
bargaining unit may, during the term of this Agreement, as a whole, elect to participate in
the Western Conference of Teamsters Pension Trust. Contributions shall be by pre-tax,
consistent with Federal and State Guidelines, by payroll diversion on all Teamsters pension
eligible hours compensated and shall be uniform by classification, with the exception of
vacation cash outs and non -bargaining unit work performed. If the bargaining unit votes to
participate and in the future liability is assessed against the City due to a Union proposed
withdrawal from the Pension Trust, said liability shall be paid by the bargaining unit
members. Compensation pre-tax diversions in effect at the time shall continue until such
time each bargaining unit member's proportional share of the withdrawal liability is
satisfied.
a. The total amount due to the Trust Fund for each monthly payroll period
shall be remitted to the Administrator for the Trust Fund in a lump sum by
the City on or before the 20th of the month for Teamster pension eligible
hours compensated during the preceding month. The City shall abide by
reasonable rules as may be established by the Trustees of said Trust Fund
to facilitate the determination of the reporting and recording of the
contribution amounts paid for all bargaining unit Teamsters employees.
b. The bargaining unit may, during the term of this Agreement, as a
bargaining unit elect to increase the payroll diversion amount. If it does,
Teamsters 763 and the City will execute a Memorandum of Understanding
in a timely manner.
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c. When the Western Conference of Teamsters Pension Plan and the City
finalize the pension contributions owed to the Pension Plan after an audit,
any overpayment including interest prepaid by the City on behalf of the
employees will be reimbursed to the City.
11.11.1 Job Posting: When the City posts for a position which has utilized the pre-tax payroll
diversion of the Western Conference of Teamsters Pension Plan and/or VEBA the City
shall advertise the wage rate range as it is applied after the pre-tax diversion. The City
may choose to advertise the bargaining unit also diverts "X" into a supplementary
retirement plan.
(Senior Program Managers 11.11 (a) and (b) in a separate appendix)
ARTICLE XII MISCELLANEOUS
12.1 Entire Agreement - The purpose of the Employer and the Union in entering into this
Agreement is to set forth their entire agreement with regard to wages, hours and working
conditions so as to promote efficient operations; the morale and security of employees
covered by this Labor Agreement; and harmonious relations, giving full recognition to the
rights and responsibilities of the Employer, the Union and the employees.
12.2 Education - The Employer shall reimburse employees for educational expenses (tuition,
registration and books) forjob-related courses with prior approval of the department head.
Reimbursement shall only be made after successful completion (grade "C" or better) of the
course.
12.3 Training - The Employer shall strive to further develop a training and development program.
Such a program may be conducted during regularly schedule working hours. The Employer
shall strive to scheduled training sessions on a regular basis.
12.4 Safety - The Employer and employees shall comply with all applicable laws relating to
safety.
12.5 Dress - Employees shall dress neatly and completely for work. If deemed necessary by the
supervisor shall wear pants, shirts, approved safety shoes, gloves, rain gear and hard hats.
All of the personal protective Equipment and uniform items issued by the city shall be the
responsibility of the employee to whom they are issued and the employee shall exercise
reasonable care in the maintenance of these items.
12.5.1 The Employer shall purchase the following protective equipment for each employee
deemed necessary by the employer:
• Safety Footwear (see below)
• Rain gear (pants and jackets)
• Hard hat
• Specialized gloves (when needed in the handling of toxic materials or sewage)
• Department issued coat that is issued every three (3) years
• Five (5) t-shirts with Tukwila Public Works emblem
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12.5.2 The Police Records Supervisor shall receive a clothing allowance in the amount of $350.00
as provided for other uniform front office staff in the Police Department. The purpose of
such allowance is to clean and/or repair any approved business attire. The allowance shall
be paid once annually to the Police Records Supervisor on January 31 of each new year,
subject to a prorated deduction from the final paycheck in the event an employee does not
serve the entire twelve (12) months for which such payment was made with the exception
of an employee who retires or expires, in which case no deduction will be made.
12.5.3 The Employer shall provide required equipment and a safety footwear allowance for the
employees in the classifications listed below.
1. Project Manager
2. Superintendent (Maintenance and Operations)
3. Traffic Operations Coordinator
4. NPDES Coordinator and Inspector
5. Maintenance & Trades
6. Inspectors
7. Code Enforcement
12.5.4 For employees who are required to wear approved safety footwear. The definition of safety
footwear shall be the same as referenced in 296-155-212 of the Washington Administrative
Code (WAC). Upon proof of purchase, the Employer shall reimburse each employee
towards the cost of such footwear which shall bear identifying marks or labels indicating
compliance with the code as revised or its equivalent. The Employer shall increase the
safety footwear reimbursement each year of the Agreement as follows:
January 1, 2020 $240.00
January 1, 2021 $245.00
January 1, 2022 $250.00
12.5.E Also, because the Fire Project Coordinator's, Plans Examiner and Senior Program
Manager regular assignments require the employee to perform field operations duties from
time to time, a reimbursement allowance shall be in every even year of this Agreement
shall apply for the purchase of approved safety footwear.
12.5.7 Reimbursement for the repair of personal property damaged in the performance of an
employee's duties shall be reimbursed for the replacement value.
12.6 Personal Appearance and Conduct - It shall be the responsibility of all employees to
represent the Employer to the public in a manner which shall be courteous, efficient and
helpful.
12.7 The parties have agreed to adopt the City of Tukwila Drug and Alcohol Testing Manual and
the City of Tukwila Drug and Alcohol Testing Policy for Employees who Operate
Commercial Vehicles, including the changes to the existing Manual and Policy which were
reviewed in written form by the parties for CDL employees on February 12, 2002.
12.8 Showers - Showers shall be provided for those employees working with sewers or toxic
materials.
12.9 The employer will reimburse employees classified as Fleet Technicians and Fleet
Superintendent in the amount:
• $400.00 for 2020
$450.00 for 2021
• $500.00 for 2022
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For the purchase of needed job related tools that will be used in the performance of their
essential job functions.
Each year the Fleet Technician and Fleet Superintendent shall provide the Employer sales
slips as proof of purchase, and must be presented by December 31, each year in order to
be reimbursed. There is no carry-over provision from one calendar year to the next.
ARTICLE XIII PERFORMANCE OF DUTY
13.1 No employee shall strike or refuse to perform their assigned duties to the best of their ability
nor shall the Union cause or condone any strikes, slow -downs or other interference with
the normal operation of the Employer. Any or all employees who violate any provision of
this Article may be subject to disciplinary action up to and including termination. The
Employer shall not lock out any employee during the life of this Agreement.
ARTICLE XIV MAINTENANCE OF STANDARDS
14.1 Any and all base wages shall be maintained at not less than the highest standards in effect
at the time of signing of this Agreement.
ARTICLE XV MANAGEMENT RIGHTS
15.1 Any and all rights concerned with the management and operations of the departments
which have employees covered by this Agreement are exclusively that of the Employer
unless otherwise provided by the terms of this Agreement.
15.2 Examples of rights reserved to management shall include the following:
• To approve and schedule all vacations and other employee leaves
• To assign and approve work and overtime
• To classify jobs
• To determine and control the budget
• To determine business hours
• To determine number of personnel, the methods, means and equipment for
operations of the department
• To determine physical, mental, and performance standards
• To determine qualifications for employment
• To determine the Employer's mission, policies, and all standards of service
offered to the public
• To determine the length of shifts, starting and quitting times
• To discipline, suspend, demote, discharge employees for Just Cause
• To discontinue work that would be wasteful, unproductive or duplicative
• To establish the makeup of the workforce
• To introduce and use new and improved methods, equipment, or facilities
• To lay off employees
• To make and modify rules and regulations for the operations of the Department
and conduct of its employees
• To plan, direct, schedule, control, and determine the operation of services to be
conducted by employees
• To recruit, hire, promote, transfer, assign employees into bargaining unit
positions
• To schedule work
• To train and direct employees
• To take any action necessary, including modifications of work schedules and
work assignments, to carry out the city's mission in the event of emergency
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15.3 Except as otherwise provided by the terms of this Agreement the City agrees that a
continuing duty to bargain exists as to the impacts of management decisions in the exercise
of those enumerated rights that effect wages, hours and working conditions within the
meaning of RCW Chapter 41.56.
15.4 Application of the terms of this Agreement to employees in the Municipal Court shall be
subject to the discretion of the Judge pursuant to General Rule 29.
It is understood that judicial and administrative duties set forth in this rule cannot be
delegated to persons in either the legislative or executive branches of government. The
presiding judge of the Tukwila Municipal Court or their judicial designee will maintain full
responsibility for all hiring and termination of court employees. This includes all layoff and
recall decisions for all judicial branch positions.
ARTICLE XVI WARNING NOTICE
16.1 The Employer shall not discharge nor suspend any employee without just cause, but in
respect to said discharge or suspension shall give at least one warning notice of the
complaint against such employee to the employee in writing. A copy of any disciplinary
action shall be sent to the Union at such time it is presented to the employee. Warning
notices relating to work performance shall not remain in effect for a period of more than ten
(10) months from the date of said warning notice; provided however, warning notices may
be retained in the employee's file for a period of up to eighteen (18) months for the purpose
of demonstrating a pattern of recurrent or habitual behavior of a similar nature, Warning
notices in order to be considered valid must be issued within fifteen (15) work days after
the occurrence of the violation claimed by the Employer in such warning notice. Timelines
may need to be extended by mutual agreement. The Union will not unreasonably deny an
extension. No prior warning notice shall be necessary if the cause for discharge or
discipline is a result of such matters equal to and including theft, gross insubordination,
moral turpitude or intoxication during working hours.
ARTICLE XVII GRIEVANCE PROCEDURE
17.1 A "Grievance" shall mean a claim or dispute by an employee with respect to the
interpretation or application of the provisions of this Agreement.
17.2 STEP I - An employee and/or their Union Representative must present a grievance within
ten (10) working days of its alleged occurrence or knowledge of same to the employee's
supervisor and department head, who shall attempt to resolve it within ten (10) working
days after it is presented to them.
17.3 STEP II - If the employee is not satisfied with the solution by the department head, the
grievance, in writing, together with all other pertinent materials may be presented to the
Mayor or their designee by a Union Representative. The Mayor, or their designee, shall
attempt to resolve the grievance within ten (10) working days after it has been presented
to him.
17.3.1 The parties may mutually agree to utilize a Public Employment Relations Commission
(PERC) mediator at any time during this process. Should the parties mutually agree to
utilize this service, the grievance shall be held in abeyance until such time the mediation
process is concluded.
17.4 STEP III - If the grievance is not resolved by the Mayor, Presiding Judge, or their designee,
the grievance may, within fifteen (15) days, be referred to an arbitrator. If the Employer and
the Union are unable to agree upon an arbitrator within five (5) days after they first meet to
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determine such an appointee, they shall jointly request the Public Employment Relations
Commission to provide a list of seven (7) names from which the parties may select one.
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 person whose name was not
eliminated shall be the arbitrator.
17.5 It shall be the function of the arbitrator to hold a hearing at which the parties may submit
their positions concerning the grievance. The arbitrator shall render their decision based
on the interpretation and application of the provisions of this 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 Employer which is beyond
its jurisdiction. Each party hereto shall pay the expenses of the arbitrator on a shared basis.
Each party hereto shall pay the expenses of their own representatives (e.g. witnesses and
attorneys fees).
17.6 Neither the arbitrator nor any other person or persons involved in the grievance procedure
shall have the power to negotiate new agreements or change any of the present provisions
of this Agreement.
17.7 No part of the above procedure shall be in conflict or violation of RCW 41.56.080.
17.8 It is specifically and expressly understood and agreed that any alleged violation of any
provisions of this Agreement that cannot be resolved under Sections 17.2 or 17.3 shall be
resolved through Section 17.4 and not the courts. Any appeal to arbitration shall be made
in writing by the grieving party within fifteen (15) days after the Mayor's answer (per Judge's
review) in Section 17.3. Such appeal shall constitute an election of remedies and waiver of
any and all rights 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 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 XVIII SEPARABILITY
18.1 If any Article of this Agreement shall be held invalid by operation of law or by any tribunal
of competent jurisdiction, or if compliance or enforcement of any Article should be
restrained by such tribunal pending a final determination as to its validity, the remainder of
this Agreement shall not be held invalid and shall remain in full force and effect. In the
event that any provision of this Agreement is held invalid or enforcement of or compliance
with which has been restrained, as afore -referenced, the parties hereto shall enter into
immediate collective bargaining negotiations upon the request of either party for the
purpose of arriving at a mutually satisfactory replacement covering the same subject
matter.
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19.1 This Agreement shall be in full force and effect on January 01, 2020, and shall remain in
full force and effect through December 31, 2022, during which time no additional provisions
shall be negotiated to become effective prior to January 01, 2023, except as provided
herein.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By By
S ott A. Sullivan I
Secretary -Treasurer
Date Date
IM
By
Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
Reviewed by City Attorney
234
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 22
APPENDIX "A"
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF TUKWILA,
WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International
Brotherhood of Teamsters, hereinafter referred to as the Union.
A.1 The classifications of work, allocation of bargaining unit positions to their respective
bargaining units and their corresponding Pay Ranges for classifications covered by this
Agreement shall be as follows:
ADMINISTRATIVE/TECHNICAL:
CLASSIFICATION
Admin Support Assistant
Recreation Program Assistant
Admin Support Technician
Fiscal Support Technician
Technology Services Assistant
Admin Support Specialist
Admin Support Coordinator
Bailiff
Fiscal Specialist
Recreation Program Specialist
Building Inspector I
Plans Examiner
Building Inspector II
Code Enforcement Officer
NPDES Inspector (Entry)
Payroll Specialist
Police Records Supervisor
Project Inspector (Entry)
Technology Services Specialist (Entry)
Building Inspector III
Director of Instruction -Golf
NPDES Inspector (Senior)
Project Inspector (Senior)
Recreation Program Coordinator
Senior Plans Examiner
Emergency Management Specialist
Senior Electrical Inspector
Technology Services Specialist (Senior)
DBM PAY RANGE
A11
A11
Al2
Al2
Al2
A13
B21
B21
B21
B21
B22
B22
B23
B23
B23
B23
B23
B23
B23
B24
B24
B24
B24
B24/B31
B24
B25
B25
B25
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
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235
MAINTENANCE/TRADES:
CLASSIFICATION
Maintenance Worker
Facilities Custodian
Maintenance Technician
Facilities Maintenance Technician
Maintenance Specialist
Facilities OPS Technician
Fleet Technician
Maint & OPS Specialist
Maintenance Specialist
Sr. Maintenance Specialist
Water Quality Specialist
Senior Facilities Custodian
Lead Maintenance Specialist
Senior Maint & OPS Specialist
Maintenance and OPS Foreman
Facilities Operations Foreman
Golf Maintenance Supervisor
Parks Maintenance Supervisor
PROFESSIONAL/SUPERVISORY
CLASSIFICATION
Assistant Planner
Database Administrator
Database Systems Administrator
Fire Project Coordinator
GIS Coordinator
Traffic Operations Coordinator
Parks/Facilities Project Coordinator
Permit Coordinator
Probation Officer
Technology Operations Supervisor
Engineer
Environmental Specialist
Fiscal Coordinator
NPDES Coordinator
Fisheries Biologist
Maint & OPS Superintendent
Program Coordinator
Recreation Superintendent
Senior Planner
Information Systems Project Analyst
Program Manager
Project Manager
Senior Fiscal Coordinator
Fiscal Supervisor
IT Business Analyst
Parks & Recreation Manager
Planning Supervisor
Fiscal Manager
PAY RANGE
A11
Al2
A13
B21
B21
B22
B22
B22
B22
B22
B23
B23
B23
B23
B24
B24
B31
B31
PAY RANGE
C41
C41
C41
C41
C41
C41
C41
C41
C41
C41
C42
C42
C42
C42
C42
C42
C42
C42
C42
C43
C43
C43
C43
C51
C51
C51
C51
C51
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AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 24
SENIOR PROGRAM MANAGERS
CLASSIFICATION PAY RANGE
Senior Program Manager D61
A.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive a 1.53% wage increase representing 90% of the CPI-W of
Seattle/Tacoma/Bellevue from June 2018 to June 2019, effective January 1, 2020.
Administrative/Technical:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
All
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
1324/1331
$5,905
$6,201
$6,508
$6,835
$7,177
rB25/1332 1
$6,314
$6,632
$6,965
$7,314
$7,682
Maintenance/Trades:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
A11
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
B24/B31
$5,905
$6,201
$6,508
$6,835
$7,177
1325/1332
$6,314
$6,632
$6,965
$7,314
$7,682
Professional/Supervisory:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
B31
$5,905
$6,201
$6,508
$6,835
$7,177
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
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237
Professional/Supervisory:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
B32
$6,314
$6,632
$6,965
$7,314
$7,682
C41
$6,761
$7,100
$7,454
$7,826
$8,215
C42
$7,233
$7,594
$7,972
$8,375
$8,792
C43
$7,740
$8,128
$8,533
$8,961
$9,408
C51
$8,282
$8,698
$9,129
$9,588
$10,069
C52
$8,862
$9,305
$9,770
$10,260
$10,772
Senior Program Managers:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Pay Range
D61
$8,391
$8,813
$9,232
$9,653
$10,073
$10,489
A.2.1 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2019 to June 2020, effective January 1, 2021.
A.2.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2020 to June 2021, effective January 1, 2022.
A.3 Longevity Bonus - Monthly longevity flat rates shall be as follows for regular full-time
employees after the completion of the number of years of full time employment with the
City set forth below. Regular part-time employees shall receive longevity on a pro-rata
basis.
Completion of 5 years
$75
Completion of 10 years
$100
Completion of 15 years
$125
Completion of 20 years
$150
Completion of 25 years
$175
Completion of 30 years
$200
AA Evaluation Bonus - In the event evaluation bonuses are reinstated for non -represented
employees, the Employer and the Union shall meet and confer regarding implementation
of such a bonus for the bargaining units.
A.5 Differential Pay - Employees who are regularly scheduled to work between the hours of
11:00 P.M. and 7:00 A.M., shall be compensated a shift differential of fifty (50) cents per
hour for those hours worked between 11:00 P.M. and 7:00 A.M. in addition to their regular
hourly rate of pay. This provision does not apply to those employees that begin work at
5:00 A.M. or later in the A.M.
A.6 Market Compensation Study:
238
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 26
A.6.1 The City and Union agree to perform a Market Compensation Study for the
Administrative/Technical bargaining unit, as agreed upon in a previous Letter of
Understanding signed by the Union on June 25, 2018 and the City on July 3, 2018, and
extended by a Memorandum of Understanding signed by the Union on March 26, 2019
and the City on April 3, 2019. Positions in the Administrative/Technical bargaining unit
found to be under market will be brought to market retro-active to January 1, 2019.
A.6.2 The City and Union agree to perform a Market Compensation Study for the
Professional/Supervisory, Maintenance/Trades, and Senior Program Mangers bargaining
units. Positions within these units found to be under market will be brought to market
effective January 1, 2021.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By By
S toft A. Sullivan
Secretary -Treasurer
Date 1 (- 4 — 1 � Date
By
Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
Reviewed by City Attorney
AGREEMENT 2020- 2022
CITY OF TUKW4A (Maintenance and Trades)
PAGE 27
239
LETTER OF AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, and Professional/Supervisory Employees)
January 01, 2020 through December 31, 2022
THIS LETTER OF AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter
referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND
DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter
referred to as the Union. It is understood and agreed by and between the Employer and the Union that,
notwithstanding any provisions of the Labor Agreement to the contrary, there shall be a category of
employee called the "Three Quarter Time Employee". Any employee working in this capacity shall be
subject to the following modifications to the Labor Agreement.
Three Quarter Time Employees shall work forty (40) hours a week for a period of nine (9) months; provided
however, these employees shall remain on the payroll for the full twelve (12) month calendar year.
Three Quarter Time Employees shall be paid seventy five percent (75%) of their regular hourly rate of pay
during the nine (9) month period when they are actively working for the Employer. Twenty five percent
(25%) of the regular hourly rate of pay for their classification of work shall be "banked" (accrued, but not
paid). The Employer shall evenly disburse in regular increments to such Three Quarter Time Employee his
banked compensation over the remaining three (3) month period that he does not work. These employees
shall be paid these evenly disbursed amounts on the same regular pay dates established for other
bargaining unit employees.
Three Quarter Time Employees shall not be allowed to earn or accrue compensatory time.
All hours worked by a Three Quarter Time Employee in excess of forty (40) hours in a week shall be
compensated during the pay period it was earned at one and one-half (1-1/2) times his regular (100%)
hourly rate of pay.
All insurance benefits for Three Quarter Time Employees shall be paid for by the Employer at seventy-five
percent (75%) of the regular premium with the remaining twenty-five percent (25%) being paid for by the
Three Quarter Time Employee. The insurance benefits referred to herein shall include Medical (optional),
Dental (optional), Vision, Life Insurance, Public Employees Retirement System and Federal Insurance
Contribution Act payments, and shall continue to be provided on the basis set forth herein for the three (3)
month period that the Three Quarter Time Employee does not actively work for the Employer, provided the
employee pays his share of the premiums.
Three Quarter Time Employees shall accrue vacation and sick leave benefits for the full calendar year at
Seventy Five (75%) of the regular rate set forth within the Labor Agreement. Vacation and sick leave
benefits shall only be used during the nine (9) month period that the Three Quarter Time Employee is
actively working for the Employer. Unused vacation and/or sick leave benefits shall be carried over from
one year to the next in accordance with the terms of the Labor Agreement.
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
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240
Three Quarter Time Employees shall be paid holiday pay at seventy-five percent (75%) of the rate set forth
within the Labor Agreement. Holidays, including floating holidays, which occur during the three (3) month
period that the Three Quarter Time Employee is not actively working for the Employer shall be paid to the
Three Quarter Time Employee as they occur at a seventy-five percent (75%) of the rate set forth within the
Labor Agreement.
Three Quarter Time Employees shall not be eligible for unemployment benefits during the three (3) month
period that they are not actively working for the Employer, but are receiving benefits and banked
compensation from the Employer.
PUBLIC, PROFESSIONAL & OFFICE- CITY OF TUKWILA, WASHINGTON
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
BY �. l.�� BY
S ott A. Sullivan I Juan Padilla
Secretary -Treasurer Director Human Resources
Date U - q l t Date
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
PAGE 29
241
MEMORANDUM OF UNDERSTANDING
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS MEMORANDUM OF UNDERSTANDING is by and between the CITY OF TUKWILA,
WASHINGTON (hereinafter referred to as the "Employer") and the PUBLIC PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL NO. 763, affiliated with the International Brotherhood of
Teamsters, (hereinafter referred to as the "Union").
Effective January 1, 2020, the City and the Union agree to manage Out of Class Pay, and Acting
assignments through the language in this MOU. The City and the Union agree to the following terms:
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 Definitions:
Out of class is typically when an employee takes on some of the duties of the classification
above their pay grade, while acting assignments are typically when the employee takes on
the majority of the duties of the higher classification and for a designated duration of time.
Out of Classification: Out of classification occurs when an employee in a regular position
is temporarily assigned the duties of a higher paid classification for less than 30-calendar
days. Employees working out of classification do not need to perform all of the
responsibilities of the higher -level classification for Working out of Classification to apply.
Acting assignment: If a working -out -of -classification assignment exceeds 29 consecutive
calendar days or is expected to last more than 29 consecutive calendar days, the
assignment will be converted retroactively to an acting assignment. Nothing herein
prevents the supervisor from appointing an employee to an acting assignment for less than
the 30 day period.
The definition of out of class does not apply to job shadowing, training or other cross
training opportunities.
Cross training: Cross training is defined as an employee working under the direction of the
supervisor or employee who regularly has the assigned work.
Job Shadow: Job shadowing is defined as an employee who follows an employee, who
may help with the assignment, for the purpose of learning a new classification or job duty
for the purpose of the job shadowing employee have some basic knowledge of the co -
worker's duties.
De miminis: De minimis is defined as too trivial or minor to merit consideration.
Out of Class Pay: In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned, the employee shall be paid at
an increase of five percent (5%) of their base hourly/monthly wage;
AGREEMENT 2020- 2022
CITY OF TUKWILA (Maintenance and Trades)
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242
7.2
Any overtime earned while working -out -of -classification will include the 5% premium.
Acting Capacity Pay: In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned in an acting capacity, the
employee shall be paid at the next higher rate of pay in the higher classification, with a
minimum increase of five percent (5%) of their base hourly/monthly wage.
Out of class is not when the assignment is de minimus in nature.
Process
Supervisor must approve the out of class assignment.
2. Employee must work either:
More than half of a shift in one day (employee earns out of class for the
shift), or
More than an entire shift in one pay period in order to qualify for out of class
pay (and only for the hours worked out of class).
The Employer has the ability to schedule a meeting with the employee to discuss
and possibly challenge the employee's time spent working out of class. The
intent of this bullet point is to avoid excess amount of time.
When the supervisor is out and a situation arises needing immediate attention and/or
approval, the employee shall confirm with the supervisor's manager to determine if out of
class work is necessary and/or approved.
The Union shall have the right to grieve should the Union suspect the use of out of class is
being used to circumvent the hiring process or to prevent one employee from qualifying for
out of class/acting assignment by utilizing multiple employees to fill the position.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
Internatio al Brotherhood of Teamsters
I
By A By
S ott A. Sullivan t
Secretary -Treasurer
Date H - 4 ^ 1 9 Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
AGREEMENT 2020- 2022
CITY OF TUKVVILA (Maintenance and Trades)
PAGE 31
243
244
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL
EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Professional/Supervisory Employees)
January 01, 2020 through December 31, 2022
245
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Professional/Supervisory Employees)
January 01, 2020 through December 31, 2022
TABLE OF CONTENTS
ARTICLE SUBJECT PAGE
ARTICLEI DEFINITIONS... ........................................................ .......................................................... 2
ARTICLE IV HOURS OF WORK.............................................................................................................3
ARTICLE V OVERTIME AND CALLBACK ... .......................................................................................... 3
COMMONCLAUSES...................................................................................................................................6
ARTICLE II
RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION ...........................6
ARTICLE III
UNION RIGHTS AND NON-DISCRIMINATION.................................................................7
ARTICLE VI
MONTHLY SALARIES........................................................................................................8
ARTICLE VII
WORKING OUT OF CLASSIFICATION.............................................................................8
ARTICLE Vill
PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES.................................8
ARTICLEIX
HOLIDAYS........................................................................................................................11
ARTICLEX
LEAVES............................................................................................................................12
ARTICLE XI
HEALTH INSURANCE......................................................................................................15
ARTICLE XII
MISCELLANEOUS TA 1400 on 7/24/19...........................................................................18
ARTICLE XIII
PERFORMANCE OF DUTY.............................................................................................20
ARTICLE XIV
MAINTENANCE OF STANDARDS...................................................................................20
ARTICLE XV
MANAGEMENT RIGHTS..................................................................................................20
ARTICLE XVI
WARNING NOTICE..........................................................................................................21
ARTICLE XVII
GRIEVANCE PROCEDURE.............................................................................................21
ARTICLE XVIII
SEPARABILITY.................................................................................................................22
ARTICLEXIX
DURATION........................................................................................................................23
APPENDIX "A"
CLASSIFICATION AND MONTHLY RATES OF PAY.....................................................24
LETTER OF AGREEMENT - THREE QUARTER TIME EMPLOYEES......................................................29
MEMORANDUM OF UNDERSTANDING- WORKING OUT OF CLASSIFICATION.................................31
246
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Professional/Supervisory Employees)
January 01, 2020 through December 31, 2022
THIS AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as
the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to
as the Union.
ARTICLE I DEFINITIONS
1.1 As used herein, the following terms shall be defined as follows:
1.1.1 "Employer" shall mean the City of Tukwila, Washington.
1.1.2 "Union" shall mean Public, Professional & Office -Clerical Employees and Drivers Local
Union No. 763, affiliated with the International Brotherhood of Teamsters.
1.1.3 "Bargaining Unit" shall mean all employees of the City of Tukwila, Washington, working in
positions listed in Appendix "A".
The City and Union agree to continue negotiating a Letter of Agreement to address
inclusion of seasonal and temporary employees into the bargaining unit. The parties also
agree (pursuant to WAC 391-35-350) failure to reach a tentative agreement on the issue
shall not bar either party from filing a unit clarification on the matter and such filing shall be
agreed to be timely during the period of this Agreement. The issue of application of the
various provisions of the Labor Agreement shall be subject to the negotiations and by
mutual agreement of the parties.
1.1.4 "Employee" shall mean a regular full-time or regular part-time employee twenty (20) hours
or more per week in the bargaining unit (as defined in subparagraph 1.1.3 hereof) covered
by this Agreement.
1.1.5 "Regular employee" shall mean an individual performing bargaining unit work for more than
one thousand forty (1040) hours in a twelve (12) consecutive month period, excluding
interns and employees funded by State or Federal grants.
1.1.6 "Monthly Salary" shall mean the monthly rate of pay so identified and set forth in Appendix
"A" to this Agreement.
1.1.6.1 "Straight Time Hourly Rate of Pay" shall be based upon the formula utilized by the
Employer for determining the employee's regular straight -time hourly rate of pay which is
to divide the monthly salary by 173.33. (For example, an employee with a base monthly
salary of $1733.30 would be paid a straight -time hourly rate of pay of $10.00 per hour)
1.1.7 "Overtime" shall mean work performed in excess of the scheduled shift at straight -time in
any one day or forty (40) hours at straight -time in any one week.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 2
247
1.1.8 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on
which an eligible employee may, by prearrangement, continue to receive the regular rate
of compensation although he does not work.
ARTICLE IV HOURS OF WORK
4.1 Hours of Work - The workweek for regular (4/10's) full-time employees shall be comprised
of four (4) consecutive days of ten (10) consecutive hours of work (excluding the meal
period) totaling forty (40) hours and three (3) consecutive days off duty as determined by
the department head or
4.1.1 The workweek for regular (5/8's) full-time employees shall be comprised of five (5)
consecutive days of eight (8) consecutive hours of work (excluding the meal period) totaling
forty (40) hours and two (2) consecutive days off as determined by the department head,
or
4.1.2 The workweek for regular (9/80's) full-time employees shall be comprised of one week of
five (5) consecutive days. All but one of those days shall be at nine (9) consecutive hours
of work (excluding the meal period) with one day comprised of eight (8) consecutive hours
totaling forty (40) hours for the FLSA work week and two (2) consecutive days off as
determined by the department head. The following week shall be comprised of four
consecutive days comprised at nine (9) hours totaling forty (40) hours for the FLSA work
week and three (3) consecutive days off as determined by the department head.
4.1.3 Employees at the golf course pro shop, shall have at least one weekend day off either
Saturday or Sunday. Alternative work weeks may be created by mutual agreement
between the employee and manager with the approval of the Human Resource Director.
4.1.4 With 72-hour written (email meets this requirement) notice, the Employer may require an
employee to attend a night meeting or work outside of their schedule by adjusting their start
time for that day. Employees may have flexible starting times and working hours with
mutual consent between the employee and the Employer.
4.2 Intentionally left blank
4.3 Rest Breaks - Employees shall receive a rest period of not less than fifteen (15) minutes,
on the Employer's time, for each four (4) hour work period. Rest periods shall be scheduled
as near as possible to the midpoint of the work period. No employee shall be required to
work more than three (3) hours without a rest period.
4.4 Meal Periods - The Employer shall provide each employee with one-half (1/2) hour for a
meal between the third and fifth hour of each shift. The employee may add the two (2)
fifteen (15) minute rest breaks to the meal period with the mutual agreement of the
Employer.
ARTICLE V OVERTIME AND CALLBACK
5.1 Overtime and Extra Work - All work performed in excess of the work schedule as
established pursuant to Section 4.1 for FLSA non-exempt employees shall constitute
overtime and shall be paid for at one and one-half (1-1/2) times the employee's regular
straight -time hourly rate of pay for the first four (4) hours of overtime. Overtime worked in
excess of four (4) hours shall be paid at two (2) times the employee's regular straight -time
hourly rate of pay. Scheduled overtime on the employee's normally scheduled day off shall
be paid at one and one-half (1-1/2) times the employee's regular straight -time hourly rate
of pay for the first eight (8) hours. Hours worked in excess of eight (8) hours of scheduled
overtime shall be paid at two (2) times the employee's regular straight -time hourly rate of
pay.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 3
KM
5.1.1 For those employees listed as FLSA exempt, extra work assigned and performed in excess
of 40 hours in a workweek shall be paid at the rate of 1.0 times the employee's regular
straight -time hourly rate of pay to 50 hours of work and 1.5 times beyond 50 hours.
5.1.2 Overtime for non-exempt employees shall be paid in increments of fifteen (15) minutes with
the major portion of fifteen (15) minutes being paid as fifteen (15) minutes.
5.1.3 In computing overtime, all contractual holidays shall be considered as days worked.
Notwithstanding any provisions of the Labor Agreement to the contrary, the compensable
hours paid as vacation, sick, and holiday pay to Fair Labor Standards Act (FLSA) non-
exempt employees, shall be considered as hours worked for the purposes of the FLSA
rules governing overtime calculations.
5.2 Compensatory Time - In lieu of paid overtime, compensatory time -off may be utilized at the
discretion of the employee. The use of compensatory time is subject to scheduling by the
Department Director, or designee, and shall be banked at the rate earned pursuant to
Section 5.1. The employee shall be allowed to accrue up to a maximum of fifty (50) hours
of compensatory time.
Supervisors may, prior to authorizing overtime, communicate to the employees the
supervisor's preference of how the overtime would be paid. In the example used herein,
the supervisor may be constrained on how to pay the overtime and may only do so using
one form or the other.
5.3 Non -Pyramiding - Premium or overtime pay shall not be duplicated or pyramided. In no
case shall premium or overtime pay be based on other than the regular straight -time hourly
rate of pay.
5.3.1 All employees in FLSA exempt classifications in lieu of Sections 5.1 and 5.2 have the option
if required to work in excess of eight (8) hours in any one (1) day or forty (40) hours in any
one (1) week to receive one (1) hour of compensatory time with pay for each hour worked.
The maximum accumulation of compensatory time shall be fifty (50) hours; provided
however, accrual of compensatory time -off in excess of fifty (50) hours may be paid at the
rate of one and one-half (1-1/2) times an employee's regular straight time hourly rate of
pay (to be paid in cash or compensatory time -off) upon the request of the employee. The
current employees in the previously existing positions of Engineer (Joanna Spencer and
David McPherson) and Superintendent (Bryan Still and Jeff Morton) will be grandfathered
to receive the overtime rate for hours worked in excess of their work schedule.
5.4 Callback - An employee who has left work and is called back to work after completion of a
regular day's shift shall be paid a minimum of four (4) at one and one-half (1-1/2) times his
regular straight -time hourly rate of pay. Should the employee's regular shift start less than
two (2) hours from the time he started work on the callback, he shall receive one and one-
half (1-1/2) times his regular straight -time hourly rate of pay only for such time as occurs
before his regular shift.
Notwithstanding any provisions of the Labor Agreement to the contrary, the above
minimum call-back provision shall not apply to situations whereby the employee's work
assignment is to attend public meeting(s) providing the City meets the requirement of
Article 4.1.1.
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5.4.1 If the employee's Department Head or Division Manager (or designee) contacts an
employee for the purpose of trouble -shooting outside normally scheduled employee work
hours, and assistance is provided by the employee, the employee shall be paid overtime
for a minimum of fifteen (15) minutes or actual time required to handle Employer business,
but not to exceed thirty (30) minutes. If a callback to duty is then required, the fifteen (15)
minutes of overtime shall be included in the compensation paid at the overtime rate under
Section 5.4 (Callback).
5.5 Meal Reimbursement - Whenever an employee is required to work more than two (2) hours
after the end or before the beginning of his normal shift, if such work has not been
scheduled at least one (1) day in advance, or is attending an Employer approved seminar,
conference or training meeting away from the Employer's facility, the employee shall
receive per diem as posted on GSA.gov for King County or the applicable location when
traveling. Per the City's policy, incidental expense shall be broken up on a 1/2/2 ratio. i.e.
if the GSA reports IE at $5.00, then $1 to breakfast, $2 to lunch and $2 to dinner.
Breakfast .......................between the hours of 12:00 a.m. and 8:00 a.m.
Lunch.............................between the hours of 8:01 a.m. and 4:00 p.m.
Dinner............................between the hours of 4:01 p.m. and 11:59 p.m.
5.5.1 Whenever an employee works on a non-scheduled overtime basis (i.e., overtime due to an
emergency or call -in) he shall be provided with a meal or reimbursement in accordance
with the provisions of Section 5.5 above if the hours worked exceed five (5) hours. In such
instances, employees shall receive an additional meal reimbursement for every five (5)
hours in excess of the initial five (5) hour period.
5.6 Standby Duty Allowance - An employee who is required to be available and subject to call
shall receive a Standby Duty allowance of three (3) hours at the overtime rate for each day
he is required to be on Standby Duty. The employee on standby shall carry a
communication device (such as a pager or cell phone) and be able to respond immediately
to callback situations, without restrictions or impairments.
5.6.1 In the event an employee who is on Standby Duty is called out, he shall be compensated
in accordance with Section 5.4 above. In the event of a callback an employee on the
standby list does not respond the City retains the right to utilize any other available
personnel to respond to such callout.
5.6.2 Standby Duty time, as determined by the Employer, shall be rotated among those
bargaining unit employees who have passed probation, have at least one year of
experience in the assigned work, and have designated their preference to work standby
duty. Each employee may designate his weekend preference prior to the standby duty
rotation list being made and posted on the Union bulletin board. An employee may change
his weekend standby duty coverage provided he obtains another employee from the
standby duty list and notifies the Department Head or his designee at least twenty-four (24)
hours in advance. An employee may change his standby duty coverage with less than
twenty-four (24) hours notice due to an emergency, with the approval of the Department
Head or his designee. The Employer may trade standby duty assignments with another
standby duty employee when a possible emergency situation is anticipated that requires a
specific qualification, with at least twenty-four (24) hours notice to the employees affected.
5,6.3 The Employer shall retain the right to determine standby assignments
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COMMON CLAUSES
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO, 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
ARTICLE II RECOGNITION. UNION MEMBERSHIP AND PAYROLL DEDUCTION
2.1 Recognition - The Employer recognizes the Union as the exclusive bargaining
representative for the employees in the bargaining unit as defined in Article I, Section 1.1.3.
2.2 New -Hire Orientation - The Employer shall notify the Union of all new full-time and part-time
employees hired into the bargaining unit and the date and time of the orientation. The
Employer shall also notify the Union of all seasonal/temporary employees once such
employees become eligible for inclusion into the bargaining unit. The Union and/or shop
steward will then be provided 30 minutes during employees' new hire orientation period for
the purpose of presenting information about the bargaining unit and Union membership,
but in no instance later than 90 calendar days from their hire date or date of union eligibility.
2.3 Payroll Deduction - For such employees of the Employer as individually and voluntarily
certify in writing that they authorize such deduction and for the duration of this Agreement,
the Employer shall deduct from the first pay of each month the Union dues in an amount
not to exceed the Union provision in effect. Such amount shall be remitted promptly to the
duly designated officer of the Union.
An employee's request to revoke authorization for payroll deductions must be in writing
and submitted by the employee to the exclusive bargaining representative in accordance
with the terms and conditions of the authorization.
After the employer receives confirmation from the exclusive bargaining representative that
the employee has revoked authorization for deductions, the employer shall end the
deduction no later than the second payroll after receipt of the confirmation.
The employer shall rely on information provided by the exclusive bargaining representative
regarding the authorization and revocation of deductions.
2.4 Union Notification - Within ten (10) calendar days from the date of hire of a new employee,
the Employer shall forward to the Union the name, address and social security number of
the new employee. The Employer shall promptly notify the Union of all employees leaving
its employment.
2.5 Democratic Republican Independent Voters Education Drive (DRIVE): The employer
shall deduct a contribution from the pay of each employee who furnishes a written
assignment for DRIVE education. DRIVE shall notify the employer of the amounts
designated by each contributing employee that shall be deducted from their paycheck for
all weeks worked on a semi-monthly basis and during the scheduled payroll processing
period. The phrase "weeks worked" excludes any week other than a week in which the
employee earned a wage. The employer shall transmit to DRIVE National Headquarters,
on a monthly basis, in one check, the total amount deducted along with the name of each
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employee on whose behalf a deduction is made and the amount deducted from the
employee's paycheck. The International Brotherhood of Teamsters shall reimburse the
employer annually for the employer's actual cost for the expense incurred in administering
the DRIVE payroll deduction plan. The employer will recognize authorization for the
deductions from wages, if in compliance with state law, to be transmitted to the Local Union,
or to such other organizations as the Union may request if mutually agreed to. No deduction
shall be made which is prohibited by applicable law.
The Union agrees to indemnify the employer to defend and to hold the employer harmless
from and against any claims made against the employer resulting from its compliance with
or obligations under the paragraph above, including but not limited to reimbursement for
monies deducted in accordance with the paragraph above which are disputed by the
employee. The Union, DRIVE and the employer further agree that all disputed deductions
are to be resolved among the Union, DRIVE and the employees without the involvement
of the employer.
ARTICLE III UNION RIGHTS AND NON-DISCRIMINATION
3.1 Union Officials Time -Off - A Union official who is an employee in the bargaining unit
(Executive Board Member, Shop Steward or member of the negotiating committee) shall
be granted time -off while conducting business vital to the employees in the bargaining unit,
provided:
3.1.1 They notify the Employer in writing no less than forty-eight (48) hours prior to the time -off
period.
3.1.2 The Employer is able to properly staff the employee's job duties during the time -off period.
3.1.3 The wage cost to the Employer is no greater than the cost that would have been incurred
had the Union official not taken time -off.
3.1.4 Union officials shall not transact Union business while working on shift which in any way
interferes with the operation of the normal routine of any department.
3.1.5 The Union shall notify the Employer in writing as to any changes in Union Officials.
3.2 Union Investigative and Visitation Privileges - Authorized representatives of the Union shall
have access to the Employer's establishment during working hours for the purpose of
investigating grievances, working conditions, ascertaining that the provisions of this
Agreement are being adhered to, and for regular visitation; provided however, there shall
be no interruption of the Employer's working schedule.
3.3 Bulletin Boards - The Employer shall provide a bulletin board at a central location. The
Union bulletin board shall be confined to use by the Union for such matters as
announcements of Union meetings, social functions, nomination and election of Union
Officers, information bulletins containing only factual reports of the progress or results of
Union -Employer negotiations, labor matters and such other matters as may properly be
considered as non -derogatory of the Employer, its elected officials or other personnel.
3.4 Non -Discrimination - The Employer and the Union shall cooperate to assure that no
employee is discriminated against by reason of race, religion, creed, color, national origin,
age, sex, marital status, sexual orientation, political affiliation, gender identity, honorably
discharged veteran or military status, Union activities or the presence of a disability or the
use of a trained dog guide or service animal by a person with a disability consistent with
RCW 49.60, unless such disability effectively prevents the performance of duties required
by the position and which are bona fide occupational qualifications or by reason of any
other legally protected class status.
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3.4.1 Wherever words denoting a specific gender are used in this Agreement, they shall be
construed so as to apply equally to either gender.
ARTICLE VI MONTHLY SALARIES
6.1 The monthly salaries of the employees covered by this Agreement are contained in the
appropriate Appendix(ices) to this Agreement. Should it become necessary to establish a
new job classification within the bargaining unit during the contract year, the Employer may
designate a job classification title and salary for the classification. The salary for any new
classification in the bargaining unit shall be subject to negotiations at such time as the
salaries for the subsequent year are negotiated or three (3) months after the classification
is established, whichever is earlier.
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 In the event that a qualified employee (at the sole discretion of the Employer) is required
and authorized to act in the capacity and perform the duties of a higher classification than
that to which they are regularly assigned, the employee shall be paid at the next higher
rate of pay in the higher classification, with a minimum increase of five percent (5%);
provided however, the employee shall have worked a minimum of eight (8) hours
performing such work during the workday; and, provided further, the employee must work
in the higher classification for a minimum of three (3) consecutive days. Pay for the work
out -of -classification shall be retroactive to and include the first day. The above three (3)
consecutive day requirement may be waived if operational needs exist. Compensation for
temporary assignments to positions outside the bargaining unit shall be as set forth in City
Policy applicable to non -bargaining unit employees of the City.
REFER TO MEMORANDUM OF UNDERSTANDING -WORKING OUT OF CLASSIFICATION
ARTICLE VIII PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES
8.1 Probation Period - A new employee shall be subject to a six (6) month probation period
(with the exception of the Senior Program Managers, who shall serve a one (1) year
probation period) commencing with the employee's first date of hire within one of the
Teamster's bargaining units (Intent: first date of hire or rehire with the city). During this
period, such employee shall be considered as at will, subject to immediate dismissal at any
time at the sole discretion of the Employer; provided however, the Employer shall not
discharge or otherwise discipline an employee for protected Union activity_ The application
of this provision shall not be subject to the grievance procedure.
8.1.2 Trial Service Period - A trial service period is a 6-month (1-year for Sr. Program Managers)
period beginning upon a promotion or transfer to a position currently not held by the
employee. The trial service period is intended to be served by a Teamster represented
employee who has not successfully served probation or trial service for the new job
classification in which they promoted or transferred into.
8.1.3 At any point during the trial service period, management and/or the employee have the
ability to end the trial service, and the employee will revert back to their previous held
position.
8.1.4 Should the employer need to backfill the vacated position created by the promotion or
transfer, the employer may post said vacancy as a temporary position which has the
potential (but not guarantee) to become permanent (upon completion of the probationary
period). The time spent in the temporary position shall be considered as part of the
probationary period.
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8.2 Considerations - In layoff, recall and filling regular job vacancies, the Employer shall give
consideration to an employee's length of continuous service with the employer (adjusted
to reflect any periods of unpaid leave where the employee's anniversary date had been
adjusted) and their ability to perform the duties required in the job. In applying this provision,
it is the intent to provide qualified employees with opportunities for promotion and the
Employer with efficient operations.
8.3 Layoff - The following will apply when layoff(s) or any reduction of compensable hours is
deemed necessary by the Employer. The employer will identify what funding issues needs
to be addressed to include reduced programs or service costs through reduction in force
or compensated hours.
The Union acknowledges the positions within the Sr. Program Manager bargaining unit are
not interchangeable with the exception of the Sr. Program Managers working in the
Water/Surface Water/Sewer departments.
Prior to making a decision to layoff or reduce compensable hours of employees in the
bargaining unit, the Employer shall meet and confer with the Union to confer and explore
alternatives and the effect of such layoff(s) or reduction of compensable hours. The
Employer shall negotiate with the Union regarding the effects of any decision to layoff or
reduce compensable hours of employees in the bargaining unit.
The City will use the current seniority list which will include the most recently hired
employee in the bargaining unit. Except as provided by this Article or elsewhere in this
Agreement, the employee with the shortest length of continuous service in the bargaining
unit affected shall be laid off first, provided those remaining on the job can provide efficient
operations. An employee who is laid off due to having the shortest length of continuous
service in the Teamsters bargaining units but, has seniority due to longevity within the city
(prior to transferring or promoting into a particular bargaining unit) shall have the ability to
exercise their seniority to revert back to (their previously held position or classification, if
vacant) an open or vacant position for which they are qualified.
If an employee promotes or transfers to a non -Teamster position within the city, their
seniority within the bargaining unit left shall be frozen. Should the employee return to their
previous bargaining unit, the employee shall continue accruing seniority from where they
left off. This does not apply for those employees who leave the City and consequently
returns to the City. In this case, the returning employee shall be considered a new hire
subject to Article 8.1.
The City will meet with the Union, at the request of either party, once the City decides how
to apply the contract language.
The parties may discuss if employees subject to layoff or reduction in compensated hours
in the effected bargaining unit are qualified to perform the remaining duties with limited
training.
The result of the meeting with the Union will be communicated to employees affected by
the layoff or reduction in compensable hours.
Effects bargaining will be completed as soon as possible thereafter.
The application of this language shall be subject to the grievance procedure. The Union's
pursuit of any contractual grievance regarding the above layoff provisions shall not relieve
the Employer of its obligation to bargain with the Union regarding the effects of any decision
to layoff or reduce compensable hours of employees in the bargaining unit.
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8.4 Recall - In the case of recall, those employees with the longest length of continuous service
in the bargaining unit affected shall be recalled first, provided they can perform the duties
required. An employee on layoff must keep both the Employer and the Union informed of
the address and telephone number where they can be contacted.
8.4.1 When the Employer is unable to contact an employee who is on layoff for recall, the Union
shall be so notified. If neither the Union nor the Employer are able to contact the employee
within seven (7) calendar days from the time the Union is notified, the Employer's obligation
to recall the employee shall cease. The Employer shall have no obligation to recall an
employee after they have been on continuous layoff for a period which exceeds one (1)
year. Should an employee not return to work when recalled, the Employer shall have no
further obligation to recall them.
8.5 Job Vacancies - When a regularjob vacancy occurs, present employees who have applied
shall be given first consideration for filling the vacancy, based on their length of service
with the Employer and ability to meet the minimum qualifications of the job, provided this
Section does not conflict with any Federal or State Law. Internal applicants who meet the
minimum qualifications or, are otherwise qualified, shall move to the phone screen,
interview, or test which may be the first step of the hiring process.
8.5.1 Internal Job Postings Only - Notices of regular job vacancies shall be emailed to the
employee's City of Tukwila email address and remain open for five (5) work days from the
time of the original posting. Present employees who desire consideration for openings shall
notify the Employer by completing the application process during the five (5) work day
period the notice is posted. Internal applicants who meet the minimum qualifications or,
are otherwise qualified, shall move to the phone screen, interview, or test which may be
the first step of the hiring process.
8.5.2 Transfers - An employee who is transferred shall remain on the pay range STEP they are
transferring from and the employee shall progress along the pay range in accordance with
Section A.3, without a change in position anniversary date. If, however, the employee being
transferred does not currently possess the necessary certifications) required of the new
job classification, they shall remain at their current rate of pay until such time that they
acquire the necessary certification(s) and the Employer is provided documentation thereof.
After notification to the Employer of the acquired certification(s), the employee shall move
up one (1) STEP (if another STEP exists within the pay range) retroactive to the
anniversary date, if their anniversary date has passed. The employee shall advance to the
next STEP in accordance with their original anniversary date. In no event shall the
retroactive period be for more than twelve (12) months.
8.6 Seniority List - Upon request, but not more than quarterly, the Employer shall provide the
Union with a seniority list showing the name of each employee within the bargaining unit,
and their present classification, date of hire and present rate of pay.
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ARTIM F IX HOI inAYS
9.1 Employees shall receive the following holidays off with eight (8) hours compensation at
their regular straight -time hourly rate of pay:
New Year's Day
Martin Luther King Jr.'s Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Two (2) Floating Holidays
January 1st
3rd Monday of January
3rd Monday of February
Last Monday of May
July 4th
1st Monday of September
November 11th
4th Thursday of November
December 25th
At employee's choice
9.2 An employee may select the personal holiday(s) each calendar year as Floating Holiday
and the Employer shall grant the day(s) provided.
9.2.1 The employee has been or is scheduled to be continuously employed by the Employer for
more than four (4) months.
9.2.2 The employee has given not less than fourteen (14) calendar days written notice to the
supervisor; provided however, the employee and the supervisor may agree upon an earlier
date.
9.2.3 The number of employees selecting a particular day off does not prevent the Employer
from providing continued public service.
9.2.4 The personal holiday must be taken during the calendar year of entitlement or the day shall
lapse, except when an employee has requested a personal holiday and the request has
been denied.
9.2.5 Employees may take their personal floating holiday in one -hour increments.
9.3 In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be
the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday
shall be deemed to be the legal holiday.
9.4 Holidays For Regular Part -Time Employees - Regular part-time employees shall receive
holiday benefits on a pro rata basis. For example, if a regular part-time employee normally
works four (4) hours per day and the department's normal work day is eight (8) hours, the
employee shall receive four (4) hours compensation at this regular straight -time hourly rate
of pay for each contractual holiday and shall be subject to all the provisions of Article IX,
Holidays.
9.5 Any work required to be performed by an employee on any of the afore -referenced holidays
shall be paid at the overtime rate, in addition to the employee's regular eight (8) hours
holiday pay. No employee shall be called on such holiday for less than four (4) hours.
9.5.1 Senior Program Managers are FLSA exempt, therefore Article 9.5 does not apply to the
Senior Program Mangers.
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ARTICLE X LEAVES
10.1 Vacation Leave - Each employee shall, after six (6) months continuous service from the
last date of hire with the Employer, individually accrue vacation leave on the following basis
in accordance with their accumulated continuous service. Article 8.
10.1.1 A vacation cannot be taken until after the completion of six (6) full calendar months of
service without prior approval of the supervisor. An employee hired on or before the
fifteenth (15th) day of any month shall accrue vacation leave from the first day of that
month. An employee hired on or after the 16th day of any month shall accrue vacation from
the first day of the next month following.
10.1.2 Annual Vacation Leave shall accrue per pay period. Upon completion of the employee's
original probation, 48-hours of vacation shall be placed into the employees vacation
allotment, Additional annual leave shall accrue per pay period on the employee's
anniversary date in accordance with the following schedule:
Start of each
Vacation Accrual per
pay period
Annual vacation
Accrued
0-6
months
0.00
48 upon probation
7-24
months
4.00
96
year
3
5.00
120
year
4
5.00
120
year
5
5.00
120
year
6
5.34
128
year
7
5.34
128
year
8
5.67
136
year
9
6.00
144
year
10
6.34
152
year
11
6.67
160
year
12
7.00
168
year
13
7.34
176
year
14
7.67
184
year
15
8.00
192
10.1.3 An employee may accumulate a maximum of one (1) year's accrued vacation leave. An
employee may, therefore, take a maximum of two (2) vacation leaves consecutively.
Vacation time accumulated in excess of the maximum limit shall be forfeited. The
maximum number of accrued hours depending on the employee's years of service is
between 192 and 384.
10.1.4 Upon resignation from City employment, an employee shall be paid cash at the normal rate
of pay for their unused annual leave, provided regular status has been attained. If an
employee is prevented by injury or illness from working a full month, they shall nevertheless
be entitled to annual leave payment for that month, provided they have accrued sick leave
sufficient to cover the remaining days of the month.
10.1.5 Whenever an employee does not take a vacation to which they are entitled in any one (1)
calendar year, as above specified, by reason of the urgent need of their continuous
services or because of seasonal demand thereof, such employee, with approval of the
head of their department, may be allowed such vacation during the succeeding calendar
year, but in no event shall any vacation not taken during the year, when due, be
accumulated beyond the next succeeding calendar year. All vacations shall be taken at
such time as shall be approved by the head of the department.
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10.1.6 The usage of annual leave may be expended in increments of not less than one-half (1/2)
hour.
10.1.7 Vacations shall be scheduled at such times as the Employer finds most suitable after
considering the wishes of the employee and the requirements of the department.
10.1.8 Employees shall receive up to one (1) pay period vacation pay before leaving for their
vacation, upon request and with sufficient notice.
10.1.9 Upon the effective date of the termination of an employee's employment, such employee
shall thereupon cease to be an employee of the City of Tukwila. Such employee shall
thereupon be entitled to a sum of money equal to their former regular compensation for
any earned vacation leave time which has not been used or forfeited for failure to timely
claim; provided however, that in the event such employee fails to give the department head
under whom they are employed at least two (2) weeks notice of such termination of
employment or is discharged for just cause, the foregoing terminal vacation pay shall be
forfeited.
10.1.10 Vacation Leave for Regular Part-time Employees - Regular part-time employee shall
receive vacation benefits on a pro rata basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours compensation at their regular rate of pay
for each day of vacation earned. Regular part-time employees shall accrue vacation on the
same basis as a regular full-time employee and shall be subject to all the provisions of
Sections 10.1 through 10.1.10, Vacation Leave.
10.2 Sick Leave - An employee shall accumulate sick leave pay at the rate of four (4) hours for
each completed pay period (96-hours per calendar year) of service up to a carryover
accrual of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at
the rate of eight (8), nine (9) or ten (10) hours per day, depending on the employee's
scheduled workweek, at the employee's regular straight -time hourly rate of pay from and
including the employee's first (1st) working day absent. (i.e. An employee has accumulated
a total of 732 hours of sick leave in their sick leave bank on December 31 of any calendar
year. The employee shall begin the following year with 720 hours of sick leave bank with
the difference (12-hours for this example) will be cashed out to the employee in accordance
with the HRA/VEBA plan by the second pay date in January.)
10.2.1 Sick leave benefits shall apply to bona fide cases of employees sickness, accidents, doctor,
dental or ocular appointments, maternity leave or the illness or injury of a spouse or other
dependent family members with a health condition that requires treatment or supervision
and requests for the employee's presence by immediate family or doctor due to immediate
family members illness or emergency, pursuant to Section 10.3.1 and as may be required
by State or Federal Law.
10.2.2 A full-time employee who is on sick leave as specified in Section 10.2.1, for a period of
three (3) days or longer may be required, prior to being entitled to any compensation
therefore, furnish without delay, a return to work authorization from a qualified doctor.
10.2.3 In the event an employee terminates their employment, or such employment is terminated
for any reason whatsoever with the Employer prior to using their accumulated sick leave
time, they shall be entitled to pay equal to twenty-five percent (25%) of the amount payable
for any unused sick leave. In no case shall an employee be eligible for payment of unused
sick leave if terminated during the probation period.
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10.2.4 In any case in which an employee shall be entitled to benefits or payments under the
Workers' Compensation Act or similar legislation of the State of Washington, or any other
governmental unit, the Employer shall pay the difference between the benefits and
payments received under such Act by such employee and the regular rate of compensation
they would have received from the Employer if able to work. The foregoing payment or
contribution by the Employer shall be limited to the period of time that such employee had
accumulated sick leave credits as herein above specified. Furthermore, the sick leave
benefits herein specified shall not be applicable to any employee who is covered by any
relief and pension act or similar legislation providing for sickness and/or disability
payments, or the State of Washington, granting substantially equal or greater benefits than
herein provided.
10.2.5 Sick Leave For Regular Part -Time Employees - Regular part-time employees shall accrue
sick leave benefits on a pro rata basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours for each month of employment. Annual
accrual and use of sick leave shall be subject to all the provisions of Sections 10.2 through
10.2.5, Sick Leave.
10.2.E HRANEBA Plan — Employees have adopted participation in an HRANEBA Plan, which
provides a "buy out" of eligible sick leave hours as, explained below, at the rate of twenty-
five (25%) of the value of those hours. All regular full-time and part-time (at least 20 hours
per week), employees are required to participate in the City HRANEBA Plan.
Regular full-time employees who work a minimum of forty (40) hours per week and regular
part-time employees, who work at least twenty (20) hours and less than forty (40) hours
per week, are eligible for the City HRANEBA Plan. The City agrees to "buy out" sick leave
hours of eligible employees at the rate of twenty-five percent (25%) of the value of those
hours over the maximum allowed for the employee's position with the City (i.e. over seven
hundred twenty (720) hours carryover accrual for regular employees. The sick leave hours
over the maximum will not exceed what can be earned in one calendar year (i.e. ninety-six
(96) sick leave hours by a regular full-time employee).
10.3 Bereavement Leave - An employee who has a member of their immediate family taken by
death shall receive up to three (3) days off with pay as bereavement leave. Up to an
additional two (2) days with pay may be granted when out-of-state travel is required.
10.3.1 "Immediate family" shall be defined as spouse, domestic partner, biological parent of the
employee or an individual who stood in loco parentis to the employee when the employee
was a son or daughter, mother, father, step parents, mother-in-law, father-in-law, children,
(including domestic partner's children in compliance with City Policy & Procedure #02-02-
14) step children, sister, brother, daughter-in-law, son-in-law, sister-in-law, brother-in-law,
grandparents, grandparents -in-law and grandchildren.
10.4 Jury Leave - An employee who is required to serve on a jury, or as a result of official City
of Tukwila duties is required to appear before a court, legislative committee or quasi judicial
body as a witness in response to a subpoena or other directive, shall be allowed authorized
leave with pay less any amount received for such service. The Employer reserves the right
to request that an employee who is called forjury be excused if their absence would create
a hardship on the operational effectiveness of the division to which they are assigned.
10.5 Leave of Absence - If authorized by the appropriate department head, employees may take
up to six (6) months leave of absence without pay. Such leaves do not constitute a break
in service but no benefits shall accrue during the leave of absence. Upon their return, the
employee shall be assigned to the same position or to an equivalent position occupied
before the leave.
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10.6 Temporary Disability Leave - Employees who are physically unable to perform the
functions of their position for medical reasons shall be placed on temporary disability leave.
Temporary disability leave shall be granted (with no loss of seniority) for illness, injury or
surgery and shall only be granted for the period of disability and shall not exceed six (6)
months. The Employer may extend the leave for an additional six (6) months. The
employee will provide a monthly report from their physician on the status of their injury,
with prognosis on their availability to return to work. Such leaves do not constitute a break
in service (or loss of seniority) but no benefits shall accrue during the temporary disability
leave. Upon expiration of temporary disability leave, the employee shall be assigned to the
same position, if open, occupied before the leave or to an equivalent open position. If no
positions are open or the employee refuses to accept the available position, the employee
shall be placed on the recall list as set forth in ArticIe Vlll.
In the event of an on the job injury, the employee shall be subject to return to work rights
and/or limitations as may be established as a matter of State Law. In any case, the
employee must be released as rehabilitated by the Department of Labor & Industries and
must be able to perform the essential functions of the position prior to returning to work.
10.7 Light Duty — In the event an employee sustains a job related injury or temporary disability
that prevents them from performing the essential functions and physical requirements of
their position classification, the City may provide a modified light duty work assignment
within the affected employees department, if work is available. The Employer will establish
the employee's duties and schedule.
If cleared to perform the light duties, said performance of the modified light duty assignment
shall be limited to sixteen (16) consecutive weeks at which time an assessment to
determine whether a reasonable accommodation under the Americans with Disability Act
(ADA) will be made as to the employee's ability to perform the essential functions of the
position and continued employment with the City.
The employee will provide the City a copy of any written restrictions from the employee's
physician.
ARTICLE XI HEALTH INSURANCE
11.1 Medical Insurance - The Employer shall contribute those premiums necessary to purchase
medical care insurance for each regular employee and their dependents under the City of
Tukwila's Self -Insured Medical Plan:
• the annual deductible shall be one hundred dollars ($100.00) per person and three
hundred dollars ($300.00) per family.
• co -pay for specialist to $40
• co -pay for complex imaging to $100
• co -pay for urgent -care doctor visits to $50
• Change to Envision Select Formulary (pharmacy)
11.1.1 The Employer shall pay the full premium cost for medical coverage under the Self -Insured
Medical Plan up to a maximum increase of eight percent (8%) each year. In the event the
monthly premiums increase more than eight percent (8%) in a year, the Employer or the
Union have the right to reopen the Agreement to negotiate changes in the Self -Insured
Medical Plan benefit levels so that the increase in premium costs does not exceed eight
percent (8%).
The medical committee shall meet to discuss and negotiate changes in the Self -Insured
Medical Plan benefit levels so the increase in premium costs do not exceed eight percent
(8%).
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11.1.2 For employees who elect medical coverage through Kaiser Permanente, the Employer
shall pay up to the maximum dollar amount contribution for the Self -Insured Plan for full -
family coverage. Any premium amounts in excess of the Employer's contribution shall be
paid by the individual through payroll deduction. Coverage under the Plan shall be as
determined by Kaiser Permanente.
11.2 Dental Insurance - The Employer shall contribute one hundred percent (100%) of those
premiums necessary to purchase dental care insurance coverage for each full-time
employee and theirdependents underthe City ofTukwila Self -Insured Medical/Dental plan.
11.3 Vision Insurance -The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase vision care insurance coverage for each full-time employee and
their dependents and/or domestic partner under the currently existing vision insurance
program made available through Teamsters Vision Care Plan (Extended Benefit Plan) or
other equivalent plan which does not reduce benefits, as may be chosen by the Employer.
11.3.1 The Employer shall make the necessary contributions for the vision insurance benefits
specified in this Article for all regular employees who are compensated for sixty (60) hours
or more a month. The employee and eligible dependents will become initially eligible on
the first day of the month in which the third consecutive monthly payment is made on the
employee's behalf. Note: Employees should check with Human Resources prior to
accessing this benefit to assure eligibility status.
11.4 Life Insurance - The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase a Fifty thousand dollar ($50,000) life insurance policy for each full-
time employee which shall provide for a beneficiary of such policy as designated by the
employee.
11.4.1 Senior Program Manager's Life Insurance — The City shall pay the premium to purchase
life and accidental death and dismemberment insurance at 100% of annual earnings
rounded up to the next higher multiple of $1,000. The maximum amount is $150,000.
Supplemental Life Insurance can be purchased on an individual basis at the group rates
provided by the City insurance carrier, through payroll deduction as an enhancement to
the policy provided by the City. Approval for the additional supplemental life insurance is
based upon the City insurance carriers underwriting criteria.
11.5 _Health Insurance for Regular Part-time Employees - Regular part-time employees shall
receive health insurance benefits as provided in Sections 11.1 through 11.4 on a pro rata
basis. For example, if a regular part-time employee normally works four (4) hours per day
and the department's normal workday is eight (8) hours, the Employer shall pay fifty percent
(50%) of those premiums it would have otherwise paid for a full-time employee.
11.5.1 For regular part-time employees who are regularly scheduled to work 0.75 FTE, such
employee may request to be given preference for additional work assignments [within the
employee's Department] up to 1.0 FTE status, based on the employee's seniority in the
classification. Such request shall be submitted in writing to the employee's Department
Head, or designee, on or before each January 1, commencing with January 1, 2010.
11.6 Lonq-Term Disability - The Employer shall pay one hundred percent (100%) of those
premiums necessary to purchase a Long -Term Disability Insurance Plan that provide for
the payment of sixty percent (60%) of an employee's earnings while on long-term disability.
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11.6.1 Voluntary Supplemental Insurance-AFLAC - The City will offer a voluntary supplemental
Short Term Disability policy through AFLAC and the City will provide for employee payroll
deduction for this purpose.
11.7 Effective Date of Coverage - Coverage for the health insurance benefits set forth in this
Article shall become effective the first day of the first full month of employment; provided
however, if an employee is hired on the first work day of any month, the employee's
coverage begins and becomes effective on that day.
11.8 The City has developed a VEBA PLAN to enable employees who are eligible to cash in
accrued sick leave hours in accordance with Article 10.2.6 (HRA/VEBA) and contribute the
amount to a VEBA account on behalf of the employee.
11.8.1 The Senior Program Managers have elected by majority vote to make a monthly
contribution that will be payroll deducted from their wages on a monthly basis. The Senior
Program Managers elected to have $25 per month deducted from wages into their
individual VEBA account.
Should a bargaining unit during the term of this Agreement, as a whole, by majority vote
elect to make a monthly contribution that will be payroll deducted from their wages on a
monthly basis, elect to participate in the VEBA. The Union shall conduct a vote and relay
to the employer the elected amount to be deducted from wages into their individual VEBA
account.
11.9 The City and Union each reserve the right to open negotiations on insurance issues (only)
in the event healthcare reform legislation mandates changes that have unanticipated
impacts on the parties. The purpose of such negotiations shall be to reach agreement on
a mutually acceptable alternative medical insurance option(s).
11.10 Pensions - The Employer and the employees shall participate in the Washington Public
Employees Retirement System as set forth in RCW 41.44 as now set forth or hereafter
amended.
11.11 Western Conference of Teamsters Pension Plan: A preapproved group within the
bargaining unit may, during the term of this Agreement, as a whole, elect to participate in
the Western Conference of Teamsters Pension Trust. Contributions shall be by pre-tax,
consistent with Federal and State Guidelines, by payroll diversion on all Teamsters pension
eligible hours compensated and shall be uniform by classification, with the exception of
vacation cash outs and non -bargaining unit work performed. If the bargaining unit votes to
participate and in the future liability is assessed against the City due to a Union proposed
withdrawal from the Pension Trust, said liability shall be paid by the bargaining unit
members. Compensation pre-tax diversions in effect at the time shall continue until such
time each bargaining unit member's proportional share of the withdrawal liability is
satisfied.
The total amount due to the Trust Fund for each monthly payroll period
shall be remitted to the Administrator for the Trust Fund in a lump sum by
the City on or before the 20th of the month for Teamster pension eligible
hours compensated during the preceding month. The City shall abide by
reasonable rules as may be established by the Trustees of said Trust Fund
to facilitate the determination of the reporting and recording of the
contribution amounts paid for all bargaining unit Teamsters employees.
b. The bargaining unit may, during the term of this Agreement, as a
bargaining unit elect to increase the payroll diversion amount. If it does,
Teamsters 763 and the City will execute a Memorandum of Understanding
in a timely manner.
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c. When the Western Conference of Teamsters Pension Plan and the City
finalize the pension contributions owed to the Pension Plan after an audit,
any overpayment including interest prepaid by the City on behalf of the
employees will be reimbursed to the City.
11.11.1 Job Posting: When the City posts for a position which has utilized the pre-tax payroll
diversion of the Western Conference of Teamsters Pension Plan and/or VEBA the City
shall advertise the wage rate range as it is applied after the pre-tax diversion. The City
may choose to advertise the bargaining unit also diverts "X" into a supplementary
retirement plan.
(Senior Program Managers 11.11 (a) and (b) in a separate appendix)
ARTICLE XII MISCELLANEOUS TA 1400 on 7/24/19
12.1 Entire Agreement - The purpose of the Employer and the Union in entering into this
Agreement is to set forth their entire agreement with regard to wages, hours and working
conditions so as to promote efficient operations; the morale and security of employees
covered by this Labor Agreement; and harmonious relations, giving full recognition to the
rights and responsibilities of the Employer, the Union and the employees.
12.2 Education - The Employer shall reimburse employees for educational expenses (tuition,
registration and books) for job -related courses with prior approval of the department head.
Reimbursement shall only be made after successful completion (grade "C" or better) of the
course.
12.3 Training - The Employer shall strive to further develop a training and development program.
Such a program may be conducted during regularly schedule working hours. The Employer
shall strive to scheduled training sessions on a regular basis.
12A Safety - The Employer and employees shall comply with all applicable laws relating to
safety.
12.5 Dress - Employees shall dress neatly and completely for work. If deemed necessary by the
supervisor shall wear pants, shirts, approved safety shoes, gloves, rain gear and hard hats.
All of the personal protective Equipment and uniform items issued by the city shall be the
responsibility of the employee to whom they are issued and the employee shall exercise
reasonable care in the maintenance of these items.
12.5.1 The Employer shall purchase the following protective equipment for each employee
deemed necessary by the employer:
• Safety Footwear (see below)
• Rain gear (pants and jackets)
• Hard hat
• Specialized gloves (when needed in the handling of toxic materials or sewage)
• Department issued coat that is issued every three (3) years
• Five (5) t-shirts with Tukwila Public Works emblem
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12.5.2 The Police Records Supervisor shall receive a clothing allowance in the amount of $350.00
as provided for other uniform front office staff in the Police Department. The purpose of
such allowance is to clean and/or repair any approved business attire. The allowance shall
be paid once annually to the Police Records Supervisor on January 31 of each new year,
subject to a prorated deduction from the final paycheck in the event an employee does not
serve the entire twelve (12) months for which such payment was made with the exception
of an employee who retires or expires, in which case no deduction will be made.
12.5.3 The Employer shall provide required equipment and a safety footwear allowance for the
employees in the classifications listed below.
1. Project Manager
2. Superintendent (Maintenance and Operations)
3. Traffic Operations Coordinator
4. NPDES Coordinator and Inspector
5. Maintenance & Trades
6. Inspectors
7. Code Enforcement
12.5.4 For employees who are required to wear approved safety footwear. The definition of safety
footwear shall be the same as referenced in 296-155-212 of the Washington Administrative
Code (WAC). Upon proof of purchase, the Employer shall reimburse each employee
towards the cost of such footwear which shall bear identifying marks or labels indicating
compliance with the code as revised or its equivalent. The Employer shall increase the
safety footwear reimbursement each year of the Agreement as follows:
January 1, 2020 $240.00
January 1, 2021 $245.00
January 1, 2022 $250.00
12.5.6 Also, because the Fire Project Coordinator's, Plans Examiner and Senior Program
Manager regular assignments require the employee to perform field operations duties from
time to time, a reimbursement allowance shall be in every even year of this Agreement
shall apply for the purchase of approved safety footwear.
12.5.7 Reimbursement for the repair of personal property damaged in the performance of an
employee's duties shall be reimbursed for the replacement value.
12.6 Personal Appearance and Conduct - It shall be the responsibility of all employees to
represent the Employer to the public in a manner which shall be courteous, efficient and
helpful.
12.7 The parties have agreed to adopt the City of Tukwila Drug and Alcohol Testing Manual and
the City of Tukwila Drug and Alcohol Testing Policy for Employees who Operate
Commercial Vehicles, including the changes to the existing Manual and Policy which were
reviewed in written form by the parties for CDL employees on February 12, 2002.
12.8 Showers - Showers shall be provided for those employees working with sewers or toxic
materials.
12.9 The employer will reimburse employees classified as Fleet Technicians and Fleet
Superintendent in the amount:
• $400.00 for 2020
• $450.00 for 2021
• $500.00 for 2022
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For the purchase of needed job related tools that will be used in the performance of their
essential job functions.
Each year the Fleet Technician and Fleet Superintendent shall provide the Employer sales
slips as proof of purchase, and must be presented by December 31, each year in order to
be reimbursed. There is no carry-over provision from one calendar year to the next.
ARTICLE XIII PERFORMANCE OF DUTY
13.1 No employee shall strike or refuse to perform their assigned duties to the best of their ability
nor shall the Union cause or condone any strikes, slow -downs or other interference with
the normal operation of the Employer. Any or all employees who violate any provision of
this Article may be subject to disciplinary action up to and including termination. The
Employer shall not lock out any employee during the life of this Agreement.
ARTICLE XIV MAINTENANCE OF STANDARDS
14.1 Any and all base wages shall be maintained at not less than the highest standards in effect
at the time of signing of this Agreement.
ARTICLE XV MANAGEMENT RIGHTS
15.1 Any and all rights concerned with the management and operations of the departments
which have employees covered by this Agreement are exclusively that of the Employer
unless otherwise provided by the terms of this Agreement.
15.2 Examples of rights reserved to management shall include the following:
• To approve and schedule all vacations and other employee leaves
• To assign and approve work and overtime
• To classify jobs
• To determine and control the budget
• To determine business hours
• To determine number of personnel, the methods, means and equipment for
operations of the department
• To determine physical, mental, and performance standards
• To determine qualifications for employment
• To determine the Employer's mission, policies, and all standards of service
offered to the public
• To determine the length of shifts, starting and quitting times
• To discipline, suspend, demote, discharge employees for Just Cause
• To discontinue work that would be wasteful, unproductive or duplicative
• To establish the makeup of the workforce
• To introduce and use new and improved methods, equipment, or facilities
• To lay off employees
• To make and modify rules and regulations for the operations of the Department
and conduct of its employees
• To plan, direct, schedule, control, and determine the operation of services to be
conducted by employees
• To recruit, hire, promote, transfer, assign employees into bargaining unit
positions
• To schedule work
• To train and direct employees
• To take any action necessary, including modifications of work schedules and
work assignments, to carry out the city's mission in the event of emergency
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15.3 Except as otherwise provided by the terms of this Agreement the City agrees that a
continuing duty to bargain exists as to the impacts of management decisions in the exercise
of those enumerated rights that effect wages, hours and working conditions within the
meaning of RCW Chapter 41.56.
15.4 Application of the terms of this Agreement to employees in the Municipal Court shall be
subject to the discretion of the Judge pursuant to General Rule 29.
It is understood that judicial and administrative duties set forth in this rule cannot be
delegated to persons in either the legislative or executive branches of government. The
presiding judge of the Tukwila Municipal Court or their judicial designee will maintain full
responsibility for all hiring and termination of court employees. This includes all layoff and
recall decisions for all judicial branch positions.
ARTICLE XVI WARNING NOTICE
16.1 The Employer shall not discharge nor suspend any employee without just cause, but in
respect to said discharge or suspension shall give at least one warning notice of the
complaint against such employee to the employee in writing. A copy of any disciplinary
action shall be sent to the Union at such time it is presented to the employee. Warning
notices relating to work performance shall not remain in effect for a period of more than ten
(10) months from the date of said warning notice; provided however, warning notices may
be retained in the employee's file for a period of up to eighteen (18) months for the purpose
of demonstrating a pattern of recurrent or habitual behavior of a similar nature. Warning
notices in order to be considered valid must be issued within fifteen (15) work days after
the occurrence of the violation claimed by the Employer in such warning notice. Timelines
may need to be extended by mutual agreement. The Union will not unreasonably deny an
extension. No prior warning notice shall be necessary if the cause for discharge or
discipline is a result of such matters equal to and including theft, gross insubordination,
moral turpitude or intoxication during working hours.
ARTICLE XVII GRIEVANCE PROCEDURE
17.1 A "Grievance" shall mean a claim or dispute by an employee with respect to the
interpretation or application of the provisions of this Agreement.
17.2 STEP I - An employee and/or their Union Representative must present a grievance within
ten (10) working days of its alleged occurrence or knowledge of same to the employee's
supervisor and department head, who shall attempt to resolve it within ten (10) working
days after it is presented to them.
17.3 STEP II - If the employee is not satisfied with the solution by the department head, the
grievance, in writing, together with all other pertinent materials may be presented to the
Mayor or their designee by a Union Representative. The Mayor, or their designee, shall
attempt to resolve the grievance within ten (10) working days after it has been presented
to him.
17.3.1 The parties may mutually agree to utilize a Public Employment Relations Commission
(PERC) mediator at any time during this process. Should the parties mutually agree to
utilize this service, the grievance shall be held in abeyance until such time the mediation
process is concluded.
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17.4 STEP III - If the grievance is not resolved by the Mayor, Presiding Judge, or their designee,
the grievance may, within fifteen (15) days, be referred to an arbitrator. If the Employer and
the Union are unable to agree upon an arbitrator within five (5) days after they first meet to
determine such an appointee, they shall jointly request the Public Employment Relations
Commission to provide a list of seven (7) names from which the parties may select one.
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 person whose name was not
eliminated shall be the arbitrator.
17.5 It shall be the function of the arbitrator to hold a hearing at which the parties may submit
their positions concerning the grievance. The arbitrator shall render their decision based
on the interpretation and application of the provisions of this 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 Employer which is beyond
its jurisdiction. Each party hereto shall pay the expenses of the arbitrator on a shared basis.
Each party hereto shall pay the expenses of their own representatives (e.g. witnesses and
attorneys fees).
17.6 Neither the arbitrator nor any other person or persons involved in the grievance procedure
shall have the power to negotiate new agreements or change any of the present provisions
of this Agreement.
17.7 No part of the above procedure shall be in conflict or violation of RCW 41.56.080.
17.8 It is specifically and expressly understood and agreed that any alleged violation of any
provisions of this Agreement that cannot be resolved under Sections 17.2 or 17.3 shall be
resolved through Section 17.4 and not the courts. Any appeal to arbitration shall be made
in writing by the grieving party within fifteen (15) days after the Mayor's answer (per Judge's
review) in Section 17.3. Such appeal shall constitute an election of remedies and waiver of
any and all rights 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 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 XVIII SEPARABILITY
18.1 If any Article of this Agreement shall be held invalid by operation of law or by any tribunal
of competent jurisdiction, or if compliance or enforcement of any Article should be
restrained by such tribunal pending a final determination as to its validity, the remainder of
this Agreement shall not be held invalid and shall remain in full force and effect. In the
event that any provision of this Agreement is held invalid or enforcement of or compliance
with which has been restrained, as afore -referenced, the parties hereto shall enter into
immediate collective bargaining negotiations upon the request of either party for the
purpose of arriving at a mutually satisfactory replacement covering the same subject
matter.
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ARTICLE XIX DURATION
19.1 This Agreement shall be in full force and effect on January 01, 2020, and shall remain in
full force and effect through December 31, 2022, during which time no additional provisions
shall be negotiated to become effective prior to January 01, 2023, except as provided
herein.
PUBLIC, PROFESSIONAL &
OFFICE -
CLERICAL EMPLOYEES AND
DRIVERS
LOCAL UNION NO. 763, affiliated
with the
International Brotherhood of Teamsters
Scott A. Sullivan I
Secretary -Treasurer
q
`
Date f % �- 4 —
1
Date
By
Date
By
Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
Kimberly A. Walden
Presiding Judge
Reviewed by City Attorney
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 23
APPENDIX "A"
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF TUKWILA,
WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International
Brotherhood of Teamsters, hereinafter referred to as the Union.
A.1 The classifications of work, allocation of bargaining unit positions to their respective
bargaining units and their corresponding Pay Ranges for classifications covered by this
Agreement shall be as follows:
ADMINISTRATIVEITECHNICAL:
CLASSIFICATION
Admin Support Assistant
Recreation Program Assistant
Admin Support Technician
Fiscal Support Technician
Technology Services Assistant
Admin Support Specialist
Admin Support Coordinator
Bailiff
Fiscal Specialist
Recreation Program Specialist
Building Inspector I
Plans Examiner
Building Inspector II
Code Enforcement Officer
NPDES Inspector (Entry)
Payroll Specialist
Police Records Supervisor
Project Inspector (Entry)
Technology Services Specialist (Entry)
Building Inspector III
Director of Instruction -Golf
NPDES Inspector (Senior)
Project Inspector (Senior)
Recreation Program Coordinator
Senior Plans Examiner
Emergency Management Specialist
Senior Electrical Inspector
Technology Services Specialist (Senior)
DBM PAY RANGE
All
All
Al2
Al2
Al2
A13
B21
B21
B21
B21
B22
B22
B23
B23
B23
B23
B23
B23
B23
B24
B24
B24
B24
B24/631
B24
B25
B25
B25
AGREEMENT 2020 - 2022
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269
MAINTENANCE/TRADES:
CLASSIFICATION
Maintenance Worker
Facilities Custodian
Maintenance Technician
Facilities Maintenance Technician
Maintenance Specialist
Facilities OPS Technician
Fleet Technician
Maint & OPS Specialist
Maintenance Specialist
Sr. Maintenance Specialist
Water Quality Specialist
Senior Facilities Custodian
Lead Maintenance Specialist
Senior Maint & OPS Specialist
Maintenance and OPS Foreman
Facilities Operations Foreman
Golf Maintenance Supervisor
Parks Maintenance Supervisor
PROFESSIONAL/SUPERVISORY
CLASSIFICATION
Assistant Planner
Database Administrator
Database Systems Administrator
Fire Project Coordinator
GIS Coordinator
Traffic Operations Coordinator
Parks/Facilities Project Coordinator
Permit Coordinator
Probation Officer
Technology Operations Supervisor
Engineer
Environmental Specialist
Fiscal Coordinator
NPDES Coordinator
Fisheries Biologist
Maint & OPS Superintendent
Program Coordinator
Recreation Superintendent
Senior Planner
Information Systems Project Analyst
Program Manager
Project Manager
Senior Fiscal Coordinator
Fiscal Supervisor
IT Business Analyst
Parks & Recreation Manager
Planning Supervisor
Fiscal Manager
PAY RANGE
A11
Al2
A13
B21
B21
B22
B22
B22
B22
B22
B23
B23
B23
B23
B24
B24
B31
B31
PAY RANGE
C41
C41
C41
C41
C41
C41
C41
C41
C41
C41
C42
C42
C42
C42
C42
C42
C42
C42
C42
C43
C43
C43
C43
C51
C51
C51
C51
C51
270
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 25
SENIOR PROGRAM MANAGERS
CLASSIFICATION PAY RANGE
Senior Program Manager D61
A.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive a 1.53% wage increase representing 90% of the CPI-W of
Seattle/Tacoma/Bellevue from June 2018 to June 2019, effective January 1, 2020.
Administrative/Technical:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Pay Range
00-12m
13-24m
25-36m
37-48m
49m +
All
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
B24/1331
$5,905
$6,201
$6,508
$6,835
$7,177
1325/1332
$6,314
$6,632
$6,965
$7,314
$7,682
Maintenance/Trades:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Pay Range
00-12m
13-24m
25-36m
37-48m
49m +
All
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
1324/1331
$5,905
$6,201
$6,508
$6,835
$7,177
1325/1332
$6,314
$6,632
$6,965
$7,314
$7,682
Professional/Supervisory:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Pay Range
00-12m
13-24m
25-36m
37-48m
49m +
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
B31
$5,905
$6,201
$6,508
$6,835
$7,177
B32
$6,314
$6,632
$6,965
$7,314
$7,682
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 26
271
Professional/Supervisory:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Pay Range
00-12m
13-24m
25-36m
37-48m
49m +
C41
$6,761
$7,100
$7,454
$7,826
$8,215
C42
$7,233
$7,594
$7,972
$8,375
$8,792
C43
$7,740
$8,128
$8,533
$8,961
$9,408
C51
$8,282
$8,698
$9,129
$9,588
$10,069
C52
$8,862
$9,305
$9,770
$10,260
$10,772
Senior Program Managers:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Pay Range
D61
$8,391
$8,813
$9,232
$9,653
$10,073
$10,489
A.2.1 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2019 to June 2020, effective January 1, 2021.
A.2.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2020 to June 2021, effective January 1, 2022.
A.3 Longevity Bonus - Monthly longevity flat rates shall be as follows for regular full-time
employees after the completion of the number of years of full time employment with the
City set forth below. Regular part-time employees shall receive longevity on a pro-rata
basis.
Completion of 5 years
$75
Completion of 10 years
$100
Completion of 15 years
$125
Completion of 20 years
$150
Completion of 25 years
$175
Completion of 30 years
$200
A.4 Evaluation Bonus - In the event evaluation bonuses are reinstated for non -represented
employees, the Employer and the Union shall meet and confer regarding implementation
of such a bonus for the bargaining units.
A.5 Differential Pay - Employees who are regularly scheduled to work between the hours of
11:00 P.M. and 7:00 A.M., shall be compensated a shift differential of fifty (50) cents per
hour for those hours worked between 11:00 P.M. and 7:00 A.M. in addition to their regular
hourly rate of pay. This provision does not apply to those employees that begin work at
5:00 A.M. or later in the A.M.
AGREEMENT 2020 - 2022
CITY OF TUKWIIA (Professional/Supervisory)
PAGE 27
272
A.6 Market Compensation Study:
A.6.1 The City and Union agree to perform a Market Compensation Study for the
Administrative/Technical bargaining unit, as agreed upon in a previous Letter of
Understanding signed by the Union on June 25, 2018 and the City on July 3, 2018, and
extended by a Memorandum of Understanding signed by the Union on March 26, 2019
and the City on April 3, 2019. Positions in the Administrative/Technical bargaining unit
found to be under market will be brought to market retro-active to January 1, 2019.
A.6.2 The City and Union agree to perform a Market Compensation Study for the
Professional/Supervisory, Maintenance/Trades, and Senior Program Mangers bargaining
units. Positions within these units found to be under market will be brought to market
effective January 1, 2021.
PUBLIC, PROFESSIONAL & OFFICE- CITY OF TUKWILA, WASHINGTON
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By ji—By
S ott A. Sullivan k Allan Ekberg
Secretary -Treasurer Mayor
Date ` LA A ` `A Date
By
Reviewed by City Attorney
Date
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 28
273
LETTER OF AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, and Professional/Supervisory Employees)
January 01, 2020 through December 31, 2022
THIS LETTER OF AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter
referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND
DRIVERS LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter
referred to as the Union. It is understood and agreed by and between the Employer and the Union that,
notwithstanding any provisions of the Labor Agreement to the contrary, there shall be a category of
employee called the "Three Quarter Time Employee". Any employee working in this capacity shall be
subject to the following modifications to the Labor Agreement.
Three Quarter Time Employees shall work forty (40) hours a week for a period of nine (9) months; provided
however, these employees shall remain on the payroll for the full twelve (12) month calendar year.
Three Quarter Time Employees shall be paid seventy five percent (75%) of their regular hourly rate of pay
during the nine (9) month period when they are actively working for the Employer. Twenty five percent
(25%) of the regular hourly rate of pay for their classification of work shall be "banked" (accrued, but not
paid). The Employer shall evenly disburse in regular increments to such Three Quarter Time Employee his
banked compensation over the remaining three (3) month period that he does not work. These employees
shall be paid these evenly disbursed amounts on the same regular pay dates established for other
bargaining unit employees.
Three Quarter Time Employees shall not be allowed to earn or accrue compensatory time.
All hours worked by a Three Quarter Time Employee in excess of forty (40) hours in a week shall be
compensated during the pay period it was earned at one and one-half (1-1/2) times his regular (100%)
hourly rate of pay.
All insurance benefits for Three Quarter Time Employees shall be paid for by the Employer at seventy-five
percent (75%) of the regular premium with the remaining twenty-five percent (25%) being paid for by the
Three Quarter Time Employee. The insurance benefits referred to herein shall include Medical (optional),
Dental (optional), Vision, Life Insurance, Public Employees Retirement System and Federal Insurance
Contribution Act payments, and shall continue to be provided on the basis set forth herein for the three (3)
month period that the Three Quarter Time Employee does not actively work for the Employer, provided the
employee pays his share of the premiums.
Three Quarter Time Employees shall accrue vacation and sick leave benefits for the full calendar year at
Seventy Five (75%) of the regular rate set forth within the Labor Agreement. Vacation and sick leave
benefits shall only be used during the nine (9) month period that the Three Quarter Time Employee is
actively working for the Employer. Unused vacation and/or sick leave benefits shall be carried over from
one year to the next in accordance with the terms of the Labor Agreement.
AGREEMENT 2020 - 2022
CITY OF TUKVVILA (Professional/Supervisory)
PAGE 29
274
Three Quarter Time Employees shall be paid holiday pay at seventy-five percent (75%) of the rate set forth
within the Labor Agreement. Holidays, including floating holidays, which occur during the three (3) month
period that the Three Quarter Time Employee is not actively working for the Employer shall be paid to the
Three Quarter Time Employee as they occur at a seventy-five percent (75%) of the rate set forth within the
Labor Agreement.
Three Quarter Time Employees shall not be eligible for unemployment benefits during the three (3) month
period that they are not actively working for the Employer, but are receiving benefits and banked
compensation from the Employer.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By By
Sc ott A. Sullivan
Secretary -Treasurer
Date t - L -1 \ Date
CITY OF TUKWILA, WASHINGTON
Juan Padilla
Director Human Resources
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 30
275
MEMORANDUM OF UNDERSTANDING
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS MEMORANDUM OF UNDERSTANDING is by and between the CITY OF TUKWILA,
WASHINGTON (hereinafter referred to as the "Employer") and the PUBLIC PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL NO. 763, affiliated with the International Brotherhood of
Teamsters, (hereinafter referred to as the "Union").
Effective January 1, 2020, the City and the Union agree to manage Out of Class Pay, and Acting
assignments through the language in this MOU. The City and the Union agree to the following terms:
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 Definitions:
Out of class is typically when an employee takes on some of the duties of the classification
above their pay grade, while acting assignments are typically when the employee takes on
the majority of the duties of the higher classification and for a designated duration of time.
Out of Classification: Out of classification occurs when an employee in a regular position
is temporarily assigned the duties of a higher paid classification for less than 30-calendar
days. Employees working out of classification do not need to perform all of the
responsibilities of the higher -level classification for Working out of Classification to apply.
Acting assignment: If a working -out -of -classification assignment exceeds 29 consecutive
calendar days or is expected to last more than 29 consecutive calendar days, the
assignment will be converted retroactively to an acting assignment. Nothing herein
prevents the supervisor from appointing an employee to an acting assignment for less than
the 30 day period.
The definition of out of class does not apply to job shadowing, training or other cross
training opportunities.
Cross training: Cross training is defined as an employee working under the direction of the
supervisor or employee who regularly has the assigned work.
Job Shadow: Job shadowing is defined as an employee who follows an employee, who
may help with the assignment, for the purpose of learning a new classification or job duty
for the purpose of the job shadowing employee have some basic knowledge of the co -
worker's duties.
De miminis: De minimis is defined as too trivial or minor to merit consideration.
Out of Class Pay: In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned, the employee shall be paid at
an increase of five percent (5%) of their base hourly/monthly wage;
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 31
276
7.2
Any overtime earned while working -out -of -classification will include the 5% premium.
Acting Capacity Pay: In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned in an acting capacity, the
employee shall be paid at the next higher rate of pay in the higher classification, with a
minimum increase of five percent (5%) of their base hourly/monthly wage.
Out of class is not when the assignment is de minimus in nature.
Process
Supervisor must approve the out of class assignment.
2. Employee must work either:
More than half of a shift in one day (employee earns out of class for the
shift), or
More than an entire shift in one pay period in order to qualify for out of class
pay (and only for the hours worked out of class).
The Employer has the ability to schedule a meeting with the employee to discuss
and possibly challenge the employee's time spent working out of class. The
intent of this bullet point is to avoid excess amount of time.
When the supervisor is out and a situation arises needing immediate attention and/or
approval, the employee shall confirm with the supervisor's manager to determine if out of
class work is necessary and/or approved.
The Union shall have the right to grieve should the Union suspect the use of out of class is
being used to circumvent the hiring process or to prevent one employee from qualifying for
out of class/acting assignment by utilizing multiple employees to fill the position.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
Internatio al Brotherhood o ,Teamsteks
By a _. ) ��
—
Sclott A. Sullivan
Secretary -Treasurer
Date (1- 4 - `�
M
Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Professional/Supervisory)
PAGE 32
277
278
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL
EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
279
AGREEMENT
by and between
CITY OF TUKWILA. WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
TABLE OF CONTENTS
ARTICLE
SUBJECT
PAGE
ARTICLEI
DEFINITIONS......................................................................................................................1
ARTICLEIV
HOURS OF WORK... ...................... ........................ _ ............. I ............... I .....................
..... 1
ARTICLE V
EXPECTATION OF THE FLSA EXEMPT WORKWEEK ...................................................2
COMMONCLAUSES...................................................................................................................................3
ARTICLE II
RECOGNITION, UNION MEMBERSHIP AND PAYROLL DEDUCTION ...........................3
ARTICLE III
UNION RIGHTS AND NON-DISCRIMINATION.................................................................4
ARTICLEVI
MONTHLY SALARIES........................................................................................................5
ARTICLE VII
WORKING OUT OF CLASSIFICATION.............................................................................5
ARTICLE VIII
PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES.................................5
ARTICLEIX
HOLIDAYS..........................................................................................................................8
ARTICLEX
LEAVES..............................................................................................................................9
ARTICLEXI
HEALTH INSURANCE......................................................................................................12
ARTICLEXII
MISCELLANEOUS............................................................................................................15
ARTICLE XIII
PERFORMANCE OF DUTY.............................................................................................17
ARTICLE XIV
MAINTENANCE OF STANDARDS...................................................................................17
ARTICLE XV
MANAGEMENT RIGHTS..................................................................................................17
ARTICLEXVI
WARNING NOTICE..........................................................................................................18
ARTICLE XVII
GRIEVANCE PROCEDURE.............................................................................................18
ARTICLEXVIII
SEPARABILITY.................................................................................................................19
ARTICLEXIX
DURATION........................................................................................................................20
APPENDIX "A"
CLASSIFICATION AND MONTHLY RATES OF PAY.....................................................21
ARTICLE VII
WORKING OUT OF CLASSIFICATION...........................................................................26
MEMORANDUM OF UNDERSTANDING — VEBA PLAN...........................................................................28
MEMORANDUM OF UNDERSTANDING - PENSION...............................................................................29
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS AGREEMENT is by and between the CITY OF TUKWILA, WASHINGTON, hereinafter referred to as
the Employer, and PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the International Brotherhood of Teamsters, hereinafter referred to
as the Union.
ARTICLE I DEFINITIONS
1.1 As used herein, the following terms shall be defined as follows:
1.1.1 "Employer" shall mean the City of Tukwila, Washington.
1.1.2 "Union" shall mean Public, Professional & Office -Clerical Employees and Drivers Local
Union No. 763, affiliated with the International Brotherhood of Teamsters.
1.1.3 "Bargaining Unit" shall mean all employees of the City of Tukwila, Washington, working in
positions listed in Appendix "A".
1.1.4 "Employee" shall mean a regular full-time or regular part-time employee twenty (20) hours
or more per week in the bargaining unit (as defined in subparagraph 1.1.3 hereof) covered
by this Agreement.
1.1.5 "Regular employee" shall mean an individual performing bargaining unit work for more than
one thousand forty (1040) hours in a twelve (12) consecutive month period, excluding
interns and employees funded by State or Federal grants.
1.1.6 "Monthly Salary" shall mean the monthly rate of pay so identified and set forth in Appendix
"A" to this Agreement.
1.1.6.1 The bargaining unit position filled by the employees qualifies for an exemption under the
Fair Labor Standards Act and Washington Minimum Wage Act and thus the employees are
salaried employees who are not paid overtime.
1.1.7 "Vacation" shall mean a scheduled workday or accumulation of scheduled workdays on
which an eligible employee may, by prearrangement, continue to receive the regular rate
of compensation although he/she does not work.
ARTICLE IV HOURS OF WORK
4.1 Hours of Work - The parties shall generally work forty (40) hours per week schedules. The
workweek for regular full-time employees shall be determined by the Department Head.
4.1.1 Employees may have flexible starting times and working hours with consent of the
Department Head.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 1
281
4.2 Rest Breaks - Employees shall receive a rest period of not less than fifteen (15) minutes,
on the Employer's time, for each four (4) hour work period. Rest periods shall be scheduled
as near as possible to the midpoint of the work period. No employee shall be required to
work more than three (3) hours without a rest period.
4.3 Meal Periods - The Employer shall provide each employee with one-half (1/2) hour for a
meal between the third and fifth hour of each shift. The employee may add the two (2)
fifteen (15) minute rest breaks to the meal period with the approval of the Employer.
ARTICLE V EXPECTATION OF THE FLSA EXEMPT WORK WEEK
5.1 The Professional and managerial nature of the Senior Program Manager position qualifies
for an Executive and Learned Professional Exemption under the Fair Labor Standards Act
and thus employees working in these positions are salaried employees. As such, the
Employer and employees recognize a typical and normal work day or work week is not
always possible. The City generally has an expectation of a 40-hours work in a week. The
parties also recognize the need for employees from time to time to work beyond a normal
40 hour week. In such cases or for work required on holidays and/or weekends and
approved by the supervisor, the employees shall be allowed to informally flex their workday
and/or week to counterbalance exceptions to the typical hours of work schedule. The
employee shall notify his/her immediate supervisor in advance within a reasonable time of
the requested adjustment to his/her workday/week. The supervisor and employee will
discuss and make a good faith effort to arrive at a mutually acceptable solution.
5.2 Intentionally left blank
5.3 Intentionally left blank
5.4 Intentionally left blank
5.5 Meal Reimbursement— Whenever an employee is required to work more than two (2) hours
after the end or before the beginning of his normal shift, if such work has not been
scheduled at least one (1) day in advance, or is attending an Employer approved seminar,
conference or training meeting away from the Employer's facility, the employee shall
receive per diem as posted on GSA.gov for King County or the applicable location when
traveling. Per the City's policy, incidental expense shall be broken up on a 1/2/2 ratio. i.e.
if the GSA reports IE at $5.00, then $1 to breakfast, $2 to lunch and $2 to dinner.
Breakfast .......................between the hours of 12:00 a.m. and 8:00 a.m.
Lunch.............................between the hours of 8:01 a.m. and 4:00 p.m,
Dinner............................between the hours of 4:01 p.m. and 11:59 p.m.
5.6 Whenever an employee works on a non-scheduled overtime basis (i.e., overtime due to an
emergency or call -in) he shall be provided with a meal or reimbursement in accordance
with the provisions of Section 5.5 above if the hours worked exceed five (5) hours. In such
instances, employees shall receive an additional meal reimbursement for every five (5)
hours in excess of the initial five (5) hour period.
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 2
282
COMMON CLAUSES
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
ARTICLE II RECOGNITION. UNION MEMBERSHIP AND PAYROLL DEDUCTION
2.1 Recognition - The Employer recognizes the Union as the exclusive bargaining
representative for the employees in the bargaining unit as defined in Article I, Section 1.1.3.
2.2 New -Hire Orientation - The Employer shall notify the Union of all new full-time and part-time
employees hired into the bargaining unit and the date and time of the orientation. The
Employer shall also notify the Union of all seasonal/temporary employees once such
employees become eligible for inclusion into the bargaining unit. The Union and/or shop
steward will then be provided 30 minutes during employees' new hire orientation period for
the purpose of presenting information about the bargaining unit and Union membership,
but in no instance later than 90 calendar days from their hire date or date of union eligibility.
2.3 Payroll Deduction - For such employees of the Employer as individually and voluntarily
certify in writing that they authorize such deduction and for the duration of this Agreement,
the Employer shall deduct from the first pay of each month the Union dues in an amount
not to exceed the Union provision in effect. Such amount shall be remitted promptly to the
duly designated officer of the Union.
An employee's request to revoke authorization for payroll deductions must be in writing
and submitted by the employee to the exclusive bargaining representative in accordance
with the terms and conditions of the authorization.
After the employer receives confirmation from the exclusive bargaining representative that
the employee has revoked authorization for deductions, the employer shall end the
deduction no later than the second payroll after receipt of the confirmation.
The employer shall rely on information provided by the exclusive bargaining representative
regarding the authorization and revocation of deductions.
2.4 Union Notification - Within ten (10) calendar days from the date of hire of a new employee,
the Employer shall forward to the Union the name, address and social security number of
the new employee. The Employer shall promptly notify the Union of all employees leaving
its employment.
2.5 Democratic Republican Independent Voters Education Drive (DRIVE): The employer
shall deduct a contribution from the pay of each employee who furnishes a written
assignment for DRIVE education. DRIVE shall notify the employer of the amounts
designated by each contributing employee that shall be deducted from their paycheck for
all weeks worked on a semi-monthly basis and during the scheduled payroll processing
period. The phrase "weeks worked" excludes any week other than a week in which the
employee earned a wage. The employer shall transmit to DRIVE National Headquarters,
on a monthly basis, in one check, the total amount deducted along with the name of each
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 3
283
employee on whose behalf a deduction is made and the amount deducted from the
employee's paycheck. The International Brotherhood of Teamsters shall reimburse the
employer annually for the employer's actual cost for the expense incurred in administering
the DRIVE payroll deduction plan. The employer will recognize authorization for the
deductions from wages, if in compliance with state law, to be transmitted to the Local Union,
or to such other organizations as the Union may request if mutually agreed to. No deduction
shall be made which is prohibited by applicable law.
The Union agrees to indemnify the employer to defend and to hold the employer harmless
from and against any claims made against the employer resulting from its compliance with
or obligations under the paragraph above, including but not limited to reimbursement for
monies deducted in accordance with the paragraph above which are disputed by the
employee. The Union, DRIVE and the employer further agree that all disputed deductions
are to be resolved among the Union, DRIVE and the employees without the involvement
of the employer.
ARTICLE III UNION RIGHTS AND NON-DISCRIMINATION
3.1 Union Officials Time -Off - A Union official who is an employee in the bargaining unit
(Executive Board Member, Shop Steward or member of the negotiating committee) shall
be granted time -off while conducting business vital to the employees in the bargaining unit,
provided:
3.1.1 They notify the Employer in writing no less than forty-eight (48) hours prior to the time -off
period.
3.1.2 The Employer is able to properly staff the employee's job duties during the time -off period.
3.1.3 The wage cost to the Employer is no greater than the cost that would have been incurred
had the Union official not taken time -off.
3.1.4 Union officials shall not transact Union business while working on shift which in any way
interferes with the operation of the normal routine of any department.
3.1.5 The Union shall notify the Employer in writing as to any changes in Union Officials.
3.2 Union Investigative and Visitation Privileges -Authorized representatives of the Union shall
have access to the Employer's establishment during working hours for the purpose of
investigating grievances, working conditions, ascertaining that the provisions of this
Agreement are being adhered to, and for regular visitation; provided however, there shall
be no interruption of the Employer's working schedule.
3.3 Bulletin Boards - The Employer shall provide a bulletin board at a central location. The
Union bulletin board shall be confined to use by the Union for such matters as
announcements of Union meetings, social functions, nomination and election of Union
Officers, information bulletins containing only factual reports of the progress or results of
Union -Employer negotiations, labor matters and such other matters as may properly be
considered as non -derogatory of the Employer, its elected officials or other personnel.
3.4 Non -Discrimination - The Employer and the Union shall cooperate to assure that no
employee is discriminated against by reason of race, religion, creed, color, national origin,
age, sex, marital status, sexual orientation, political affiliation, gender identity, honorably
discharged veteran or military status, Union activities or the presence of a disability or the
use of a trained dog guide or service animal by a person with a disability consistent with
RCW 49.60, unless such disability effectively prevents the performance of duties required
by the position and which are bona fide occupational qualifications or by reason of any
other legally protected class status.
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3.4.1 Wherever words denoting a specific gender are used in this Agreement, they shall be
construed so as to apply equally to either gender.
ARTICLE VI MONTHLY SALARIES
6.1 The monthly salaries of the employees covered by this Agreement are contained in the
appropriate Appendix(ices) to this Agreement. Should it become necessary to establish a
new job classification within the bargaining unit during the contract year, the Employer may
designate a job classification title and salary for the classification. The salary for any new
classification in the bargaining unit shall be subject to negotiations at such time as the
salaries for the subsequent year are negotiated or three (3) months after the classification
is established, whichever is earlier.
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 In the event that a qualified employee (at the sole discretion of the Employer) is required
and authorized to act in the capacity and perform the duties of a higher classification than
that to which they are regularly assigned, the employee shall be paid at the next higher
rate of pay in the higher classification, with a minimum increase of five percent (5%);
provided however, the employee shall have worked a minimum of eight (8) hours
performing such work during the workday; and, provided further, the employee must work
in the higher classification for a minimum of three (3) consecutive days. Pay for the work
out -of -classification shall be retroactive to and include the first day. The above three (3)
consecutive day requirement may be waived if operational needs exist. Compensation for
temporary assignments to positions outside the bargaining unit shall be as set forth in City
Policy applicable to non -bargaining unit employees of the City.
REFER TO MEMORANDUM OF UNDERSTANDING -WORKING OUT OF CLASSIFICATION
ARTICLE VIII PROBATION PERIOD, LAYOFF, RECALL AND JOB VACANCIES
8.1 Probation Period - A new employee shall be subject to a six (6) month probation period
(with the exception of the Senior Program Managers, who shall serve a one (1) year
probation period) commencing with the employee's first date of hire within one of the
Teamster's bargaining units (Intent: first date of hire or rehire with the city). During this
period, such employee shall be considered as at will, subject to immediate dismissal at any
time at the sole discretion of the Employer; provided however, the Employer shall not
discharge or otherwise discipline an employee for protected Union activity. The application
of this provision shall not be subject to the grievance procedure,
8.1.2 Trial Service Period - A trial service period is a 6-month (1-year for Sr. Program Managers)
period beginning upon a promotion or transfer to a position currently not held by the
employee. The trial service period is intended to be served by a Teamster represented
employee who has not successfully served probation or trial service for the new job
classification in which they promoted or transferred into.
8.1.3 At any point during the trial service period, management and/or the employee have the
ability to end the trial service, and the employee will revert back to their previous held
position.
8.1.4 Should the employer need to backfill the vacated position created by the promotion or
transfer, the employer may post said vacancy as a temporary position which has the
potential (but not guarantee) to become permanent (upon completion of the probationary
period). The time spent in the temporary position shall be considered as part of the
probationary period.
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8.2 Considerations - In layoff, recall and filling regular job vacancies, the Employer shall give
consideration to an employee's length of continuous service with the employer (adjusted
to reflect any periods of unpaid leave where the employee's anniversary date had been
adjusted) and their ability to perform the duties required in the job. In applying this provision,
it is the intent to provide qualified employees with opportunities for promotion and the
Employer with efficient operations.
8.3 Layoff - The following will apply when layoff(s) or any reduction of compensable hours is
deemed necessary by the Employer. The employer will identify what funding issues needs
to be addressed to include reduced programs or service costs through reduction in force
or compensated hours.
The Union acknowledges the positions within the Sr. Program Manager bargaining unit are
not interchangeable with the exception of the Sr. Program Managers working in the
Water/Surface Water/Sewer departments.
Prior to making a decision to layoff or reduce compensable hours of employees in the
bargaining unit, the Employer shall meet and confer with the Union to confer and explore
alternatives and the effect of such layoff(s) or reduction of compensable hours. The
Employer shall negotiate with the Union regarding the effects of any decision to layoff or
reduce compensable hours of employees in the bargaining unit.
The City will use the current seniority list which will include the most recently hired
employee in the bargaining unit. Except as provided by this Article or elsewhere in this
Agreement, the employee with the shortest length of continuous service in the bargaining
unit affected shall be laid off first, provided those remaining on the job can provide efficient
operations. An employee who is laid off due to having the shortest length of continuous
service in the Teamsters bargaining units but, has seniority due to longevity within the city
(prior to transferring or promoting into a particular bargaining unit) shall have the ability to
exercise their seniority to revert back to (their previously held position or classification, if
vacant) an open or vacant position for which they are qualified.
If an employee promotes or transfers to a non -Teamster position within the city, their
seniority within the bargaining unit left shall be frozen. Should the employee return to their
previous bargaining unit, the employee shall continue accruing seniority from where they
left off. This does not apply for those employees who leave the City and consequently
returns to the City. In this case, the returning employee shall be considered a new hire
subject to Article 8.1.
The City will meet with the Union, at the request of either party, once the City decides how
to apply the contract language.
The parties may discuss if employees subject to layoff or reduction in compensated hours
in the effected bargaining unit are qualified to perform the remaining duties with limited
training.
The result of the meeting with the Union will be communicated to employees affected by
the layoff or reduction in compensable hours.
Effects bargaining will be completed as soon as possible thereafter.
The application of this language shall be subject to the grievance procedure. The Union's
pursuit of any contractual grievance regarding the above layoff provisions shall not relieve
the Employer of its obligation to bargain with the Union regarding the effects of any decision
to layoff or reduce compensable hours of employees in the bargaining unit.
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8.4 Recall - In the case of recall, those employees with the longest length of continuous service
in the bargaining unit affected shall be recalled first, provided they can perform the duties
required. An employee on layoff must keep both the Employer and the Union informed of
the address and telephone number where they can be contacted.
8.4.1 When the Employer is unable to contact an employee who is on layoff for recall, the Union
shall be so notified. If neither the Union nor the Employer are able to contact the employee
within seven (7) calendar days from the time the Union is notified, the Employer's obligation
to recall the employee shall cease. The Employer shall have no obligation to recall an
employee after they have been on continuous layoff for a period which exceeds one (1)
year. Should an employee not return to work when recalled, the Employer shall have no
further obligation to recall them.
8.5 Job Vacancies - When a regularjob vacancy occurs, present employees who have applied
shall be given first consideration for filling the vacancy, based on their length of service
with the Employer and ability to meet the minimum qualifications of the job, provided this
Section does not conflict with any Federal or State Law. Internal applicants who meet the
minimum qualifications or, are otherwise qualified, shall move to the phone screen,
interview, or test which may be the first step of the hiring process.
8.5.1 Internal Job Postings Only - Notices of regular job vacancies shall be emailed to the
employee's City of Tukwila email address and remain open for five (5) work days from the
time of the original posting. Present employees who desire consideration for openings shall
notify the Employer by completing the application process during the five (5) work day
period the notice is posted. Internal applicants who meet the minimum qualifications or,
are otherwise qualified, shall move to the phone screen, interview, or test which may be
the first step of the hiring process.
8.5.2 Transfers - An employee who is transferred shall remain on the pay range STEP they are
transferring from and the employee shall progress along the pay range in accordance with
Section A.3, without a change in position anniversary date. If, however, the employee being
transferred does not currently possess the necessary certification(s) required of the new
job classification, they shall remain at their current rate of pay until such time that they
acquire the necessary certification(s) and the Employer is provided documentation thereof.
After notification to the Employer of the acquired certification(s), the employee shall move
up one (1) STEP (if another STEP exists within the pay range) retroactive to the
anniversary date, if their anniversary date has passed. The employee shall advance to the
next STEP in accordance with their original anniversary date. In no event shall the
retroactive period be for more than twelve (12) months.
8.6 Seniority List - Upon request, but not more than quarterly, the Employer shall provide the
Union with a seniority list showing the name of each employee within the bargaining unit,
and their present classification, date of hire and present rate of pay.
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ARTICLE IX HOLIDAYS
9.1 Employees shall receive the following holidays off with eight (8) hours compensation at
their regular straight -time hourly rate of pay:
New Year's Day
Martin Luther King Jr.'s Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Two (2) Floating Holidays
January 1st
3rd Monday of January
3rd Monday of February
Last Monday of May
July 4th
1 st Monday of September
November 11th
4th Thursday of November
December 25th
At employee's choice
9.2 An employee may select the personal holiday(s) each calendar year as Floating Holiday
and the Employer shall grant the day(s) provided.
9.2.1 The employee has been or is scheduled to be continuously employed by the Employer for
more than four (4) months.
9.2.2 The employee has given not less than fourteen (14) calendar days written notice to the
supervisor; provided however, the employee and the supervisor may agree upon an earlier
date.
9.2.3 The number of employees selecting a particular day off does not prevent the Employer
from providing continued public service.
9.2.4 The personal holiday must be taken during the calendar year of entitlement or the day shall
lapse, except when an employee has requested a personal holiday and the request has
been denied.
9.2.5 Employees may take their personal floating holiday in one -hour increments.
9.3 In the event a holiday falls upon a Sunday, the following Monday shall be deemed to be
the legal holiday. In the event the legal holiday falls on a Saturday, the preceding Friday
shall be deemed to be the legal holiday.
9.4 Holidays For Regular Part -Time Employees - Regular part-time employees shall receive
holiday benefits on a pro rata basis. For example, if a regular part-time employee normally
works four (4) hours per day and the department's normal work day is eight (8) hours, the
employee shall receive four (4) hours compensation at this regular straight -time hourly rate
of pay for each contractual holiday and shall be subject to all the provisions of Article IX,
Holidays.
9.5 Any work required to be performed by an employee on any of the afore -referenced holidays
shall be paid at the overtime rate, in addition to the employee's regular eight (8) hours
holiday pay. No employee shall be called on such holiday for less than four (4) hours.
9.5.1 Senior Program Managers are FLSA exempt, therefore Article 9.5 does not apply to the
Senior Program Mangers.
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ARTICLE X LEAVES
10.1 Vacation Leave - Each employee shall, after six (6) months continuous service from the
last date of hire with the Employer, individually accrue vacation leave on the following basis
in accordance with their accumulated continuous service. Article 8.
10.1.1 A vacation cannot be taken until after the completion of six (6) full calendar months of
service without prior approval of the supervisor. An employee hired on or before the
fifteenth (15th) day of any month shall accrue vacation leave from the first day of that
month. An employee hired on or after the 16th day of any month shall accrue vacation from
the first day of the next month following.
10.1.2 Annual Vacation Leave shall accrue per pay period. Upon completion of the employee's
original probation, 48-hours of vacation shall be placed into the employees vacation
allotment, Additional annual leave shall accrue per pay period on the employee's
anniversary date in accordance with the following schedule:
Start of each
Vacation Accrual per
pay period
Annual vacation
Accrued
0-6
months
0.00
48 upon probation
7-24
months
4.00
96
year
3
5.00
120
year
4
5.00
120
year
5
5.00
120
year
6
5.34
128
year
7
5.34
128
year
8
5.67
136
year
9
6.00
144
year
10
6.34
152
year
11
6.67
160
year
12
7.00
168
year
13
7.34
176
year
14
7.67
184
year
15
8.00
192
10.1.3 An employee may accumulate a maximum of one (1) year's accrued vacation leave. An
employee may, therefore, take a maximum of two (2) vacation leaves consecutively.
Vacation time accumulated in excess of the maximum limit shall be forfeited. The
maximum number of accrued hours depending on the employee's years of service is
between 192 and 384.
10.1.4 Upon resignation from City employment, an employee shall be paid cash at the normal rate
of pay for their unused annual leave, provided regular status has been attained. If an
employee is prevented by injury or illness from working a full month, they shall nevertheless
be entitled to annual leave payment for that month, provided they have accrued sick leave
sufficient to cover the remaining days of the month.
10.1.5 Whenever an employee does not take a vacation to which they are entitled in any one (1)
calendar year, as above specified, by reason of the urgent need of their continuous
services or because of seasonal demand thereof, such employee, with approval of the
head of their department, may be allowed such vacation during the succeeding calendar
year, but in no event shall any vacation not taken during the year, when due, be
accumulated beyond the next succeeding calendar year. All vacations shall be taken at
such time as shall be approved by the head of the department.
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10.1.6 The usage of annual leave may be expended in increments of not less than one-half (1/2)
hour.
10.1.7 Vacations shall be scheduled at such times as the Employer finds most suitable after
considering the wishes of the employee and the requirements of the department.
10.1.8 Employees shall receive up to one (1) pay period vacation pay before leaving for their
vacation, upon request and with sufficient notice.
10.1.9 Upon the effective date of the termination of an employee's employment, such employee
shall thereupon cease to be an employee of the City of Tukwila. Such employee shall
thereupon be entitled to a sum of money equal to their former regular compensation for
any earned vacation leave time which has not been used or forfeited for failure to timely
claim; provided however, that in the event such employee fails to give the department head
under whom they are employed at least two (2) weeks notice of such termination of
employment or is discharged for just cause, the foregoing terminal vacation pay shall be
forfeited.
10.1.10 Vacation Leave for Regular Part-time Employees - Regular part-time employee shall
receive vacation benefits on a pro rata basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours compensation at their regular rate of pay
for each day of vacation earned. Regular part-time employees shall accrue vacation on the
same basis as a regular full-time employee and shall be subject to all the provisions of
Sections 10.1 through 10.1.10, Vacation Leave.
10.2 Sick Leave - An employee shall accumulate sick leave pay at the rate of four (4) hours for
each completed pay period (96-hours per calendar year) of service up to a carryover
accrual of seven hundred twenty (720) hours. Accumulated sick leave pay shall be paid at
the rate of eight (8), nine (9) or ten (10) hours per day, depending on the employee's
scheduled workweek, at the employee's regular straight -time hourly rate of pay from and
including the employee's first (1st) working day absent. (i.e. An employee has accumulated
a total of 732 hours of sick leave in their sick leave bank on December 31 of any calendar
year. The employee shall begin the following year with 720 hours of sick leave bank with
the difference (12-hours for this example) will be cashed out to the employee in accordance
with the HRA/VEBA plan by the second pay date in January.)
10.2.1 Sick leave benefits shall apply to bona fide cases of employees sickness, accidents, doctor,
dental or ocular appointments, maternity leave or the illness or injury of a spouse or other
dependent family members with a health condition that requires treatment or supervision
and requests for the employee's presence by immediate family or doctor due to immediate
family members illness or emergency, pursuant to Section 10.3.1 and as may be required
by State or Federal Law.
10.2.2 A full-time employee who is on sick leave as specified in Section 10.2.1, for a period of
three (3) days or longer may be required, prior to being entitled to any compensation
therefore, furnish without delay, a return to work authorization from a qualified doctor.
10.2.3 In the event an employee terminates their employment, or such employment is terminated
for any reason whatsoever with the Employer prior to using their accumulated sick leave
time, they shall be entitled to pay equal to twenty-five percent (25%) of the amount payable
for any unused sick leave. In no case shall an employee be eligible for payment of unused
sick leave if terminated during the probation period.
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10.2.4 In any case in which an employee shall be entitled to benefits or payments under the
Workers' Compensation Act or similar legislation of the State of Washington, or any other
governmental unit, the Employer shall pay the difference between the benefits and
payments received under such Act by such employee and the regular rate of compensation
they would have received from the Employer if able to work. The foregoing payment or
contribution by the Employer shall be limited to the period of time that such employee had
accumulated sick leave credits as herein above specified. Furthermore, the sick leave
benefits herein specified shall not be applicable to any employee who is covered by any
relief and pension act or similar legislation providing for sickness and/or disability
payments, or the State of Washington, granting substantially equal or greater benefits than
herein provided.
10.2.5 Sick Leave For Regular Part -Time Employees - Regular part-time employees shall accrue
sick leave benefits on a pro rata basis. For example, if a regular part-time employee
normally works four (4) hours per day and the department's normal work day is eight (8)
hours, the employee shall receive four (4) hours for each month of employment. Annual
accrual and use of sick leave shall be subject to all the provisions of Sections 10.2 through
10.2.5, Sick Leave.
10.2.6 HRANEBA Plan — Employees have adopted participation in an HRANEBA Plan, which
provides a "buy out" of eligible sick leave hours as, explained below, at the rate of twenty-
five (25%) of the value of those hours. All regular full-time and part-time (at least 20 hours
per week), employees are required to participate in the City HRANEBA Plan.
Regular full-time employees who work a minimum of forty (40) hours per week and regular
part-time employees, who work at least twenty (20) hours and less than forty (40) hours
per week, are eligible for the City HRANEBA Plan. The City agrees to "buyout" sick leave
hours of eligible employees at the rate of twenty-five percent (25%) of the value of those
hours over the maximum allowed for the employee's position with the City (i.e. over seven
hundred twenty (720) hours carryover accrual for regular employees. The sick leave hours
over the maximum will not exceed what can be earned in one calendar year (i.e. ninety-six
(96) sick leave hours by a regular full-time employee).
10.3 Bereavement Leave - An employee who has a member of their immediate family taken by
death shall receive up to three (3) days off with pay as bereavement leave. Up to an
additional two (2) days with pay may be granted when out-of-state travel is required.
10.3.1 "Immediate family" shall be defined as spouse, domestic partner, biological parent of the
employee or an individual who stood in loco parentis to the employee when the employee
was a son or daughter, mother, father, step parents, mother-in-law, father-in-law, children,
(including domestic partner's children in compliance with City Policy & Procedure #02-02-
14) step children, sister, brother, daughter-in-law, son-in-law, sister-in-law, brother-in-law,
grandparents, grandparents -in-law and grandchildren.
10.4 Jury Leave - An employee who is required to serve on a jury, or as a result of official City
of Tukwila duties is required to appear before a court, legislative committee or quasi judicial
body as a witness in response to a subpoena or other directive, shall be allowed authorized
leave with pay less any amount received for such service. The Employer reserves the right
to request that an employee who is called forjury be excused if their absence would create
a hardship on the operational effectiveness of the division to which they are assigned.
10.5 Leave of Absence - If authorized by the appropriate department head, employees may take
up to six (6) months leave of absence without pay. Such leaves do not constitute a break
in service but no benefits shall accrue during the leave of absence. Upon their return, the
employee shall be assigned to the same position or to an equivalent position occupied
before the leave.
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10.6 Temporary Disability Leave - Employees who are physically unable to perform the
functions of their position for medical reasons shall be placed on temporary disability leave.
Temporary disability leave shall be granted (with no loss of seniority) for illness, injury or
surgery and shall only be granted for the period of disability and shall not exceed six (6)
months. The Employer may extend the leave for an additional six (6) months. The
employee will provide a monthly report from their physician on the status of their injury,
with prognosis on their availability to return to work. Such leaves do not constitute a break
in service (or loss of seniority) but no benefits shall accrue during the temporary disability
leave. Upon expiration of temporary disability leave, the employee shall be assigned to the
same position, if open, occupied before the leave or to an equivalent open position. If no
positions are open or the employee refuses to accept the available position, the employee
shall be placed on the recall list as set forth in Article Vill.
In the event of an on the job injury, the employee shall be subject to return to work rights
and/or limitations as may be established as a matter of State Law. In any case, the
employee must be released as rehabilitated by the Department of Labor & Industries and
must be able to perform the essential functions of the position prior to returning to work.
10.7 Light Duty — In the event an employee sustains a job related injury or temporary disability
that prevents them from performing the essential functions and physical requirements of
their position classification, the City may provide a modified light duty work assignment
within the affected employees department, if work is available. The Employer will establish
the employee's duties and schedule.
If cleared to perform the light duties, said performance of the modified light duty assignment
shall be limited to sixteen (16) consecutive weeks at which time an assessment to
determine whether a reasonable accommodation under the Americans with Disability Act
(ADA) will be made as to the employee's ability to perform the essential functions of the
position and continued employment with the City.
The employee will provide the City a copy of any written restrictions from the employee's
physician.
ARTICLE XI HEALTH INSURANCE
11.1 Medical Insurance - The Employer shall contribute those premiums necessary to purchase
medical care insurance for each regular employee and their dependents under the City of
Tukwila's Self -Insured Medical Plan:
• the annual deductible shall be one hundred dollars ($100.00) per person and three
hundred dollars ($300.00) per family.
• co -pay for specialist to $40
• co -pay for complex imaging to $100
• co -pay for urgent -care doctor visits to $50
• Change to Envision Select Formulary (pharmacy)
11.1.1 The Employer shall pay the full premium cost for medical coverage under the Self -Insured
Medical Plan up to a maximum increase of eight percent (8%) each year. In the event the
monthly premiums increase more than eight percent (8%) in a year, the Employer or the
Union have the right to reopen the Agreement to negotiate changes in the Self -Insured
Medical Plan benefit levels so that the increase in premium costs does not exceed eight
percent (8%).
The medical committee shall meet to discuss and negotiate changes in the Self -Insured
Medical Plan benefit levels so the increase in premium costs do not exceed eight percent
(8%).
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11.1.2 For employees who elect medical coverage through Kaiser Permanente, the Employer
shall pay up to the maximum dollar amount contribution for the Self -Insured Plan for full -
family coverage. Any premium amounts in excess of the Employer's contribution shall be
paid by the individual through payroll deduction. Coverage under the Plan shall be as
determined by Kaiser Permanente.
11.2 Dental Insurance - The Employer shall contribute one hundred percent (100%) of those
premiums necessary to purchase dental care insurance coverage for each full-time
employee and their dependents under the City of Tukwila Self -Insured Medical/Dental plan.
11.3 Vision Insurance - The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase vision care insurance coverage for each full-time employee and
their dependents and/or domestic partner under the currently existing vision insurance
program made available through Teamsters Vision Care Plan (Extended Benefit Plan) or
other equivalent plan which does not reduce benefits, as may be chosen by the Employer.
11.3.1 The Employer shall make the necessary contributions for the vision insurance benefits
specified in this Article for all regular employees who are compensated for sixty (60) hours
or more a month. The employee and eligible dependents will become initially eligible on
the first day of the month in which the third consecutive monthly payment is made on the
employee's behalf. Note: Employees should check with Human Resources prior to
accessing this benefit to assure eligibility status.
11.4 Life Insurance - The Employer shall pay one hundred percent (100%) of those premiums
necessary to purchase a Fifty thousand dollar ($50,000) life insurance policy for each full-
time employee which shall provide for a beneficiary of such policy as designated by the
employee.
11.4.1 Senior Program Manager's Life Insurance — The City shall pay the premium to purchase
life and accidental death and dismemberment insurance at 100% of annual earnings
rounded up to the next higher multiple of $1,000. The maximum amount is $150.000.
Supplemental Life Insurance can be purchased on an individual basis at the group rates
provided by the City insurance carrier, through payroll deduction as an enhancement to
the policy provided by the City. Approval for the additional supplemental life insurance is
based upon the City insurance carriers underwriting criteria.
11.5 Health Insurance for Regular Part-time Employees - Regular part-time employees shall
receive health insurance benefits as provided in Sections 11.1 through 11.4 on a pro rata
basis. For example, if a regular part-time employee normally works four (4) hours per day
and the department's normal workday is eight (8) hours, the Employer shall pay fifty percent
(50%) of those premiums it would have otherwise paid for a full-time employee.
11.5.1 For regular part-time employees who are regularly scheduled to work 0.75 FTE, such
employee may request to be given preference for additional work assignments [within the
employee's Department] up to 1.0 FTE status, based on the employee's seniority in the
classification. Such request shall be submitted in writing to the employee's Department
Head, or designee, on or before each January 1, commencing with January 1, 2010.
11.6 Long -Term Disability - The Employer shall pay one hundred percent (100%) of those
premiums necessary to purchase a Long -Term Disability Insurance Plan that provide for
the payment of sixty percent (60%) of an employee's earnings while on long-term disability.
11.6.1 Voluntary Supplemental Insurance-AFLAC - The City will offer a voluntary supplemental
Short Term Disability policy through AFLAC and the City will provide for employee payroll
deduction for this purpose.
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11.7 Effective Date of Coverage - Coverage for the health insurance benefits set forth in this
Article shall become effective the first day of the first full month of employment; provided
however, if an employee is hired on the first work day of any month, the employee's
coverage begins and becomes effective on that day.
11.8 The City has developed a VEBA PLAN to enable employees who are eligible to cash in
accrued sick leave hours in accordance with Article 10.2.6 (HRA/VEBA) and contribute the
amount to a VEBA account on behalf of the employee.
11.8.1 The Senior Program Managers have elected by majority vote to make a monthly
contribution that will be payroll deducted from their wages on a monthly basis. The Senior
Program Managers elected to have $25 per month deducted from wages into their
individual VEBA account.
Should a bargaining unit during the term of this Agreement, as a whole, by majority vote
elect to make a monthly contribution that will be payroll deducted from their wages on a
monthly basis, elect to participate in the VEBA. The Union shall conduct a vote and relay
to the employer the elected amount to be deducted from wages into their individual VEBA
account.
11.9 The City and Union each reserve the right to open negotiations on insurance issues (only)
in the event healthcare reform legislation mandates changes that have unanticipated
impacts on the parties. The purpose of such negotiations shall be to reach agreement on
a mutually acceptable alternative medical insurance option(s).
11.10 Pensions - The Employer and the employees shall participate in the Washington Public
Employees Retirement System as set forth in RCW 41.44 as now set forth or hereafter
amended.
11.11 Western Conference of Teamsters Pension Plan: A preapproved group within the
bargaining unit may, during the term of this Agreement, as a whole, elect to participate in
the Western Conference of Teamsters Pension Trust. Contributions shall be by pre-tax,
consistent with Federal and State Guidelines, by payroll diversion on all Teamsters pension
eligible hours compensated and shall be uniform by classification, with the exception of
vacation cash outs and non -bargaining unit work performed. If the bargaining unit votes to
participate and in the future liability is assessed against the City due to a Union proposed
withdrawal from the Pension Trust, said liability shall be paid by the bargaining unit
members. Compensation pre-tax diversions in effect at the time shall continue until such
time each bargaining unit member's proportional share of the withdrawal liability is
satisfied.
a. The total amount due to the Trust Fund for each monthly payroll period
shall be remitted to the Administrator for the Trust Fund in a lump sum by
the City on or before the 20th of the month for Teamster pension eligible
hours compensated during the preceding month. The City shall abide by
reasonable rules as may be established by the Trustees of said Trust Fund
to facilitate the determination of the reporting and recording of the
contribution amounts paid for all bargaining unit Teamsters employees.
b. The bargaining unit may, during the term of this Agreement, as a
bargaining unit elect to increase the payroll diversion amount. If it does,
Teamsters 763 and the City will execute a Memorandum of Understanding
in a timely manner.
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c. When the Western Conference of Teamsters Pension Plan and the City
finalize the pension contributions owed to the Pension Plan after an audit,
any overpayment including interest prepaid by the City on behalf of the
employees will be reimbursed to the City.
11.11.1 Job Posting: When the City posts for a position which has utilized the pre-tax payroll
diversion of the Western Conference of Teamsters Pension Plan and/or VEBA the City
shall advertise the wage rate range as it is applied after the pre-tax diversion. The City
may choose to advertise the bargaining unit also diverts "X" into a supplementary
retirement plan.
ARTICLE XII MISCELLANEOUS
12.1 Entire Agreement - The purpose of the Employer and the Union in entering into this
Agreement is to set forth their entire agreement with regard to wages, hours and working
conditions so as to promote efficient operations; the morale and security of employees
covered by this Labor Agreement; and harmonious relations, giving full recognition to the
rights and responsibilities of the Employer, the Union and the employees.
12.2 Education - The Employer shall reimburse employees for educational expenses (tuition,
registration and books) for job -related courses with prior approval of the department head.
Reimbursement shall only be made after successful completion (grade "C" or better) of the
course.
12.3 Training - The Employer shall strive to further develop a training and development program.
Such a program may be conducted during regularly schedule working hours. The Employer
shall strive to scheduled training sessions on a regular basis.
12.4 Safety - The Employer and employees shall comply with all applicable laws relating to
safety.
12.5 Dress - Employees shall dress neatly and completely for work. If deemed necessary by the
supervisor shall wear pants, shirts, approved safety shoes, gloves, rain gear and hard hats.
All of the personal protective Equipment and uniform items issued by the city shall be the
responsibility of the employee to whom they are issued and the employee shall exercise
reasonable care in the maintenance of these items.
12.5.1 The Employer shall purchase the following protective equipment for each employee
deemed necessary by the employer:
• Safety Footwear (see below)
• Rain gear (pants and jackets)
• Hard hat
• Specialized gloves (when needed in the handling of toxic materials or sewage)
• Department issued coat that is issued every three (3) years
• Five (5) t-shirts with Tukwila Public Works emblem
12.5.2 The Police Records Supervisor shall receive a clothing allowance in the amount of $350.00
as provided for other uniform front office staff in the Police Department. The purpose of
such allowance is to clean and/or repair any approved business attire. The allowance shall
be paid once annually to the Police Records Supervisor on January 31 of each new year,
subject to a prorated deduction from the final paycheck in the event an employee does not
serve the entire twelve (12) months for which such payment was made with the exception
of an employee who retires or expires, in which case no deduction will be made.
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12.5.3 The Employer shall provide required equipment and a safety footwear allowance for the
employees in the classifications listed below.
1. Project Manager
2. Superintendent (Maintenance and Operations)
3. Traffic Operations Coordinator
4. NPDES Coordinator and Inspector
5. Maintenance & Trades
6. Inspectors
7. Code Enforcement
12.5.4 For employees who are required to wear approved safety footwear. The definition of safety
footwear shall be the same as referenced in 296-155-212 of the Washington Administrative
Code (WAC). Upon proof of purchase, the Employer shall reimburse each employee
towards the cost of such footwear which shall bear identifying marks or labels indicating
compliance with the code as revised or its equivalent. The Employer shall increase the
safety footwear reimbursement each year of the Agreement as follows:
January 1, 2020 $240.00
January 1, 2021 $245.00
January 1, 2022 $250.00
12.5.6 Also, because the Fire Project Coordinator's, Plans Examiner and Senior Program
Manager regular assignments require the employee to perform field operations duties from
time to time, a reimbursement allowance shall be in every even year of this Agreement
shall apply for the purchase of approved safety footwear.
12.5.7 Reimbursement for the repair of personal property damaged in the performance of an
employee's duties shall be reimbursed for the replacement value.
12.6 Personal Appearance and Conduct - It shall be the responsibility of all employees to
represent the Employer to the public in a manner which shall be courteous, efficient and
helpful.
12.7 The parties have agreed to adopt the City of Tukwila Drug and Alcohol Testing Manual and
the City of Tukwila Drug and Alcohol Testing Policy for Employees who Operate
Commercial Vehicles, including the changes to the existing Manual and Policy which were
reviewed in written form by the parties for CDL employees on February 12, 2002.
12.8 Showers - Showers shall be provided for those employees working with sewers or toxic
materials.
12.9 The employer will reimburse employees classified as Fleet Technicians and Fleet
Superintendent in the amount:
• $400.00 for 2020
• $450.00 for 2021
• $500.00 for 2022
For the purchase of needed job related tools that will be used in the performance of their
essential job functions.
Each year the Fleet Technician and Fleet Superintendent shall provide the Employer sales
slips as proof of purchase, and must be presented by December 31, each year in order to
be reimbursed. There is no carry-over provision from one calendar year to the next.
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ARTICLE XIII PERFORMANCE OF DUTY
13.1 No employee shall strike or refuse to perform their assigned duties to the best of their ability
nor shall the Union cause or condone any strikes, slow -downs or other interference with
the normal operation of the Employer. Any or all employees who violate any provision of
this Article may be subject to disciplinary action up to and including termination. The
Employer shall not lock out any employee during the life of this Agreement.
ARTICLE XIV MAINTENANCE OF STANDARDS
14.1 Any and all base wages shall be maintained at not less than the highest standards in effect
at the time of signing of this Agreement.
ARTICLE XV MANAGEMENT RIGHTS
15.1 Any and all rights concerned with the management and operations of the departments
which have employees covered by this Agreement are exclusively that of the Employer
unless otherwise provided by the terms of this Agreement_
15.2 Examples of rights reserved to management shall include the following:
• To approve and schedule all vacations and other employee leaves
• To assign and approve work and overtime
• To classify jobs
• To determine and control the budget
• To determine business hours
• To determine number of personnel, the methods, means and equipment for
operations of the department
• To determine physical, mental, and performance standards
• To determine qualifications for employment
• To determine the Employer's mission, policies, and all standards of service
offered to the public
• To determine the length of shifts, starting and quitting times
• To discipline, suspend, demote, discharge employees for Just Cause
• To discontinue work that would be wasteful, unproductive or duplicative
• To establish the makeup of the workforce
• To introduce and use new and improved methods, equipment, or facilities
• To lay off employees
• To make and modify rules and regulations for the operations of the Department
and conduct of its employees
• To plan, direct, schedule, control, and determine the operation of services to be
conducted by employees
• To recruit, hire, promote, transfer, assign employees into bargaining unit
positions
• To schedule work
• To train and direct employees
• To take any action necessary, including modifications of work schedules and
work assignments, to carry out the city's mission in the event of emergency
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15.3 Except as otherwise provided by the terms of this Agreement the City agrees that a
continuing duty to bargain exists as to the impacts of management decisions in the exercise
of those enumerated rights that effect wages, hours and working conditions within the
meaning of RCW Chapter 41.56.
15.4 Application of the terms of this Agreement to employees in the Municipal Court shall be
subject to the discretion of the Judge pursuant to General Rule 29.
It is understood that judicial and administrative duties set forth in this rule cannot be
delegated to persons in either the legislative or executive branches of government. The
presiding judge of the Tukwila Municipal Court or their judicial designee will maintain full
responsibility for all hiring and termination of court employees. This includes all layoff and
recall decisions for all judicial branch positions.
ARTICLE XVI WARNING NOTICE
16.1 The Employer shall not discharge nor suspend any employee without just cause, but in
respect to said discharge or suspension shall give at least one warning notice of the
complaint against such employee to the employee in writing. A copy of any disciplinary
action shall be sent to the Union at such time it is presented to the employee. Warning
notices relating to work performance shall not remain in effect for a period of more than ten
(10) months from the date of said warning notice; provided however, warning notices may
be retained in the employee's file for a period of up to eighteen (18) months for the purpose
of demonstrating a pattern of recurrent or habitual behavior of a similar nature. Warning
notices in order to be considered valid must be issued within fifteen (15) work days after
the occurrence of the violation claimed by the Employer in such warning notice. Timelines
may need to be extended by mutual agreement. The Union will not unreasonably deny an
extension. No prior warning notice shall be necessary if the cause for discharge or
discipline is a result of such matters equal to and including theft, gross insubordination,
moral turpitude or intoxication during working hours.
ARTICLE XVII GRIEVANCE PROCEDURE
17.1 A "Grievance" shall mean a claim or dispute by an employee with respect to the
interpretation or application of the provisions of this Agreement.
17.2 STEP I - An employee and/or their Union Representative must present a grievance within
ten (10) working days of its alleged occurrence or knowledge of same to the employee's
supervisor and department head, who shall attempt to resolve it within ten (10) working
days after it is presented to them.
17.3 STEP II - If the employee is not satisfied with the solution by the department head, the
grievance, in writing, together with all other pertinent materials may be presented to the
Mayor or their designee by a Union Representative. The Mayor, or their designee, shall
attempt to resolve the grievance within ten (10) working days after it has been presented
to him.
17.3.1 The parties may mutually agree to utilize a Public Employment Relations Commission
(PERC) mediator at any time during this process. Should the parties mutually agree to
utilize this service, the grievance shall be held in abeyance until such time the mediation
process is concluded.
17.4 STEP III - If the grievance is not resolved by the Mayor, Presiding Judge, or their designee,
the grievance may, within fifteen (15) days, be referred to an arbitrator. If the Employer and
the Union are unable to agree upon an arbitrator within five (5) days after they first meet to
determine such an appointee, they shall jointly request the Public Employment Relations
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Commission to provide a list of seven (7) names from which the parties may select one.
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 person whose name was not
eliminated shall be the arbitrator.
17.5 It shall be the function of the arbitrator to hold a hearing at which the parties may submit
their positions concerning the grievance. The arbitrator shall render their decision based
on the interpretation and application of the provisions of this 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 Employer which is beyond
its jurisdiction. Each party hereto shall pay the expenses of the arbitrator on a shared basis.
Each party hereto shall pay the expenses of their own representatives (e.g. witnesses and
attorneys fees).
17.6 Neither the arbitrator nor any other person or persons involved in the grievance procedure
shall have the power to negotiate new agreements or change any of the present provisions
of this Agreement.
17.7 No part of the above procedure shall be in conflict or violation of RCW 41.56.080.
17.8 It is specifically and expressly understood and agreed that any alleged violation of any
provisions of this Agreement that cannot be resolved under Sections 17.2 or 17.3 shall be
resolved through Section 17.4 and not the courts. Any appeal to arbitration shall be made
in writing by the grieving party within fifteen (15) days after the Mayor's answer (per Judge's
review) in Section 17.3. Such appeal shall constitute an election of remedies and waiver of
any and all rights 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 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 XVIII SEPARABILITY
18.1 If any Article of this Agreement shall be held invalid by operation of law or by any tribunal
of competent jurisdiction, or if compliance or enforcement of any Article should be
restrained by such tribunal pending a final determination as to its validity, the remainder of
this Agreement shall not be held invalid and shall remain in full force and effect. In the
event that any provision of this Agreement is held invalid or enforcement of or compliance
with which has been restrained, as afore -referenced, the parties hereto shall enter into
immediate collective bargaining negotiations upon the request of either party for the
purpose of arriving at a mutually satisfactory replacement covering the same subject
matter.
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ARTICLE XIX DURATION
19.1 This Agreement shall be in full force and effect on January 01, 2020, and shall remain in
full force and effect through December 31, 2022, during which time no additional provisions
shall be negotiated to become effective prior to January 01, 2023, except as provided
herein.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By . � By
ott A. Sullivan l
Secretary -Treasurer
Date t I - mot' — 19 Date
39
Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
Reviewed by City Attorney
300
AGREEMENT 2020 - 2022
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APPENDIX "A"
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF TUKWILA,
WASHINGTON, hereinafter referred to as the Employer, and PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL UNION NO. 763, affiliated with the International
Brotherhood of Teamsters, hereinafter referred to as the Union.
A.1 The classifications of work, allocation of bargaining unit positions to their respective
bargaining units and their corresponding Pay Ranges for classifications covered by this
Agreement shall be as follows:
ADMINISTRATIVE/TECHNICAL:
CLASSIFICATION
Admin Support Assistant
Recreation Program Assistant
Admin Support Technician
Fiscal Support Technician
Technology Services Assistant
Admin Support Specialist
Admin Support Coordinator
Bailiff
Fiscal Specialist
Recreation Program Specialist
Building Inspector I
Plans Examiner
Building Inspector II
Code Enforcement Officer
NPDES Inspector (Entry)
Payroll Specialist
Police Records Supervisor
Project Inspector (Entry)
Technology Services Specialist (Entry)
Building Inspector III
Director of Instruction -Golf
NPDES Inspector (Senior)
Project Inspector (Senior)
Recreation Program Coordinator
Senior Plans Examiner
Emergency Management Specialist
Senior Electrical Inspector
Technology Services Specialist (Senior)
DBM PAY RANGE
A11
A11
Al2
Al2
Al2
A13
B21
B21
B21
B21
B22
B22
B23
B23
B23
B23
B23
B23
B23
B24
B24
B24
B24
624/631
B24
B25
B25
B25
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MAINTENANCE/TRADES:
CLASSIFICATION
Maintenance Worker
Facilities Custodian
Maintenance Technician
Facilities Maintenance Technician
Maintenance Specialist
Facilities OPS Technician
Fleet Technician
Maint & OPS Specialist
Maintenance Specialist
Sr. Maintenance Specialist
Water Quality Specialist
Senior Facilities Custodian
Lead Maintenance Specialist
Senior Maint & OPS Specialist
Maintenance and OPS Foreman
Facilities Operations Foreman
Golf Maintenance Supervisor
Parks Maintenance Supervisor
PROFESSIONAL/SUPERVISORY
CLASSIFICATION
Assistant Planner
Database Administrator
Database Systems Administrator
Fire Project Coordinator
GIS Coordinator
Traffic Operations Coordinator
Parks/Facilities Project Coordinator
Permit Coordinator
Probation Officer
Technology Operations Supervisor
Engineer
Environmental Specialist
Fiscal Coordinator
NPDES Coordinator
Fisheries Biologist
Maint & OPS Superintendent
Program Coordinator
Recreation Superintendent
Senior Planner
Information Systems Project Analyst
Program Manager
Project Manager
Senior Fiscal Coordinator
Fiscal Supervisor
IT Business Analyst
Parks & Recreation Manager
Planning Supervisor
Fiscal Manager
PAY RANGE
A11
Al2
A13
B21
B21
B22
B22
B22
B22
B22
B23
B23
B23
B23
B24
B24
B31
B31
PAY RANGE
C41
C41
C41
C41
C41
C41
C41
C41
C41
C41
C42
C42
C42
C42
C42
C42
C42
C42
C42
C43
C43
C43
C43
C51
C51
C51
C51
C51
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SENIOR PROGRAM MANAGERS
CLASSIFICATION PAY RANGE
Senior Program Manager D61
A.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive a 1.53% wage increase representing 90% of the CPI-W of
Seattle/Tacoma/Bellevue from June 2018 to June 2019, effective January 1, 2020.
Administrative/Technical:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
All
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
1324/631
$5,905
$6,201
$6,508
$6,835
$7,177
1325/1332
$6,314
$6,632
$6,965
$7,314
$7,682
Maintenance/Trades:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
All
$3,935
$4,130
$4,338
$4,554
$4,784
Al2
$4,211
$4,423
$4,644
$4,878
$5,120
A13
$4,506
$4,726
$4,963
$5,213
$5,477
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
624/1331
$5,905
$6,201
$6,508
$6,835
$7,177
1325/1332
$6,314
$6,632
$6,965
$7,314
$7,682
Professional/Supervisory:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
B21
$4,820
$5,060
$5,315
$5,578
$5,857
B22
$5,155
$5,416
$5,686
$5,972
$6,268
B23
$5,518
$5,793
$6,081
$6,390
$6,707
B31
$5,905
$6,201
$6,508
$6,835
1 $7,177
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303
Professional/Supervisory:
DBM
Pay Range
Step 1
00-12m
Step 2
13-24m
Step 3
25-36m
Step 4
37-48m
Step 5
49m +
B32
$6,314
$6,632
$6,965
$7,314
$7,682
C41
$6,761
$7,100
$7,454
$7,826
$8,215
C42
$7,233
$7,594
$7,972
$8,375
$8,792
C43
$7,740
$8,128
$8,533
$8,961
$9,408
C51
$8,282
$8,698
$9,129
$9,588
$10,069
C52
$8,862
$9,305
$9,770
$10,260
$10,772
Senior Program Managers:
DBM
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Pay Range
D61
$8,391
$8,813
$9,232
$9,653
$10,073
$10,489
A.2.1 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2019 to June 2020, effective January 1, 2021.
A.2.2 Employees who are currently in the bargaining units and are currently employed with the
City of Tukwila, shall receive 90% of the CPI-W of Seattle/Tacoma/Bellevue from June
2020 to June 2021, effective January 1, 2022.
A.3 Longevity Bonus - Monthly longevity flat rates shall be as follows for regular full-time
employees after the completion of the number of years of full time employment with the
City set forth below. Regular part-time employees shall receive longevity on a pro-rata
basis.
Completion of 5 years
$75
Completion of 10 years
$100
Completion of 15 years
$125
Completion of 20 years
$150
Completion of 25 years
$175
Completion of 30 years
$200
AA Evaluation Bonus - In the event evaluation bonuses are reinstated for non -represented
employees, the Employer and the Union shall meet and confer regarding implementation
of such a bonus for the bargaining units.
A.5 Differential Pay - Employees who are regularly scheduled to work between the hours of
11:00 P.M. and 7:00 A.M., shall be compensated a shift differential of fifty (50) cents per
hour for those hours worked between 11:00 P.M. and 7:00 A.M. in addition to their regular
hourly rate of pay. This provision does not apply to those employees that begin work at
5:00 A.M. or later in the A.M.
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A.6 Market Compensation Study:
A.6.1 The City and Union agree to perform a Market Compensation Study for the
Administrative/Technical bargaining unit, as agreed upon in a previous Letter of
Understanding signed by the Union on June 25, 2018 and the City on July 3, 2018, and
extended by a Memorandum of Understanding signed by the Union on March 26, 2019
and the City on April 3, 2019. Positions in the Administrative/Technical bargaining unit
found to be under market will be brought to market retro-active to January 1, 2019.
A.6.2 The City and Union agree to perform a Market Compensation Study for the
Professional/Supervisory, Maintenance/Trades, and Senior Program Mangers bargaining
units. Positions within these units found to be under market will be brought to market
effective January 1, 2021.
PUBLIC, PROFESSIONAL & OFFICE- CITY OF TUKWILA, WASHINGTON
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
BY JXU-, (1BY
S ott A. Sullivan L Allan Ekberg
Secretary -Treasurer Mayor
Date • '�i' r l Date
By
Reviewed by City Attorney
Date
AGREEMENT 2020 - 2022
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PAGE 25
305
MEMORANDUM OF UNDERSTANDING
by and between
CITY OF TUKWILA. WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Administrative and Technical,
Maintenance and Trades, Professional/Supervisory and Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
THIS MEMORANDUM OF UNDERSTANDING is by and between the CITY OF TUKWILA,
WASHINGTON (hereinafter referred to as the "Employer") and the PUBLIC PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS LOCAL NO. 763, affiliated with the International Brotherhood of
Teamsters, (hereinafter referred to as the "Union").
Effective January 1, 2020, the City and the Union agree to manage Out of Class Pay, and Acting
assignments through the language in this MOU. The City and the Union agree to the following terms:
ARTICLE VII WORKING OUT OF CLASSIFICATION
7.1 Definitions:
Out of class is typically when an employee takes on some of the duties of the classification
above their pay grade, while acting assignments are typically when the employee takes on
the majority of the duties of the higher classification and for a designated duration of time.
Out of Classification: Out of classification occurs when an employee in a regular position
is temporarily assigned the duties of a higher paid classification for less than 30-calendar
days. Employees working out of classification do not need to perform all of the
responsibilities of the higher -level classification for Working out of Classification to apply.
Acting assignment: If a working -out -of -classification assignment exceeds 29 consecutive
calendar days or is expected to last more than 29 consecutive calendar days, the
assignment will be converted retroactively to an acting assignment. Nothing herein
prevents the supervisor from appointing an employee to an acting assignment for less than
the 30 day period.
The definition of out of class does not apply to job shadowing, training or other cross
training opportunities.
Cross training: Cross training is defined as an employee working under the direction of the
supervisor or employee who regularly has the assigned work.
Job Shadow: Job shadowing is defined as an employee who follows an employee, who
may help with the assignment, for the purpose of learning a new classification or job duty
for the purpose of the job shadowing employee have some basic knowledge of the co -
worker's duties.
De miminis: De minimis is defined as too trivial or minor to merit consideration
Out of Class PaV: In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned, the employee shall be paid at
an increase of five percent (5%) of their base hourly/monthly wage;
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 26
306
Any overtime earned while working -out -of -classification will include the 5% premium.
Acting Capacity Pad In the event that a qualified employee (at the sole discretion of the
Employer) is required and authorized to work out of class and perform the duties of a higher
classification than that to which they are regularly assigned in an acting capacity, the
employee shall be paid at the next higher rate of pay in the higher classification, with a
minimum increase of five percent (5%) of their base hourly/monthly wage.
Out of class is not when the assignment is de minimus in nature.
7.2 Process
Supervisor must approve the out of class assignment.
Employee must work either:
a. More than half of a shift in one day (employee earns out of class for the
shift), or
b. More than an entire shift in one pay period in order to qualify for out of class
pay (and only for the hours worked out of class).
3. The Employer has the ability to schedule a meeting with the employee to discuss
and possibly challenge the employee's time spent working out of class. The
intent of this bullet point is to avoid excess amount of time.
When the supervisor is out and a situation arises needing immediate attention and/or
approval, the employee shall confirm with the supervisor's manager to determine if out of
class work is necessary and/or approved.
The Union shall have the right to grieve should the Union suspect the use of out of class is
being used to circumvent the hiring process or to prevent one employee from qualifying for
out of class/acting assignment by utilizing multiple employees to fill the position.
Notes: not for the MOU but included in the voting explanation document and bargaining
notes. We used the finance department positions finance technician, finance specialist
and finance coordinator. A specialist quits and a replacement is not hired or filled. The
specialist' work is divided up with work moving to a tech, specialist and a coordinator. The
tech is working out of class while the specialist and coordinator are not.
Notes: not for the MOU but included in the voting explanation document and bargaining
notes. We are talking about using an employee to work several hours in the morning, a
different employee in the afternoon, etc.
All other agreements of the contract will remain in full effect for the duration of this extension.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
Internatio al Brotherhood o Tea sters
By At,By
Sdott A. Sullivan
Secretary -Treasurer
Date I t - q A 11 Date
CITY OF TUKWILA, WASHINGTON
Allan Ekberg
Mayor
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 27
307
MEMORANDUM OF UNDERSTANDING
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
IT IS UNDERSTOOD AND AGREED by the parties, City of Tukwila, Washington (hereafter "the Employer'), and
Teamsters Local Union No. 763 (hereafter "the Union"), enter into this agreement as follows:
ARTICLE XI HEALTH INSURANCE
11.8.1 VEBA Plan — The Senior Program Managers have elected by majority vote to make a
monthly contribution that will be payroll deducted from their wages on a monthly basis.
Effective January 1, 2017, the Senior Program Managers elect to have $40 per month
deducted from wages into their individual VEBA account. Effective January 1, 2018, the
Senior Program Managers elect to have $50 per month deducted from wages into their
individual VEBA account. It is agreed by both parties that the Plan design shall be reviewed
during negotiations for a successor Agreement.
Effective January 1, 2020, the Senior Program Managers elect to have $75.00 per month
deducted from wages into their individual VEBA account.
Effective January 1, 2021, the Senior Program Managers elect to have $100.00 per month
deducted from wages into their individual VEBA account.
All of the other sections of Article XI (HEALTH INSURANCE) shall remain the same as stated in
the current contract.
PUBLIC, PROFESSIONAL & OFFICE- CITY OF TUKWILA, WASHINGTON
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
By By
Scptt A. Sullivan Allan Ekberg
Secretary -Treasurer t Mayor
Date l 1 Date
Reviewed by City Attorney
Date
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 28
09
MEMORANDUM OF UNDERSTANDING
to the
AGREEMENT
by and between
CITY OF TUKWILA, WASHINGTON
and
PUBLIC, PROFESSIONAL & OFFICE -CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763
(Representing the Senior Program Manager Employees)
January 1, 2020 through December 31, 2022
11.11 Western Conference of Teamsters Pension Plan: The bargaining unit may, during the term
of this Agreement, as a bargaining unit, elect to participate in the Western Conference of
Teamsters Pension Trust. Contributions shall be by pre-tax, consistent with Federal and
State Guidelines, by payroll diversion on all Teamsters pension eligible compensation and
shall be uniform by classification, with the exception of vacation cash outs and non -
bargaining unit work performed. If the bargaining unit votes to participate and in the future
liability is assessed against the City due to a Union proposed withdrawal from the Pension
Trust, said liability shall be paid by the bargaining unit members. Compensation pre-tax
diversions in effect at the time shall continue until such time each bargaining unit member's
proportional share of the withdrawal liability is satisfied.
a) The total amount of $520 per month (or $260 per pay period) due to the Trust
Fund for each monthly payroll period shall be remitted to the Administrator for
the Trust Fund in a lump sum by the City on or before the 20th of the month
for Teamster pension eligible hours compensated during the preceding month.
The City shall abide by reasonable rules as may be established by the
Trustees of said Trust Fund to facilitate the determination of the reporting and
recording of the contribution amounts paid for all bargaining unit Teamsters
employees. The bargaining unit may, during the term of this Agreement, as a
bargaining unit elect to increase the payroll diversion amount. If it does,
Teamsters 763 and the City will execute a Memorandum of Understanding in
a timely manner.
b) When the Western Conference of Teamsters Pension Plan and the City
finalize the pension contributions owed to the Pension Plan after an audit, any
overpayment including interest prepaid by the City on behalf of the employees
will be reimbursed to the City.
PUBLIC, PROFESSIONAL & OFFICE -
CLERICAL EMPLOYEES AND DRIVERS
LOCAL UNION NO. 763, affiliated with the
International Brotherhood of Teamsters
r
By
S tt A. Sullivan .
Secretary -Treasurer
Date ` � - ``[
CITY OF TUKWILA, WASHINGTON
By
Allan Ekberg
Mayor
Date
Reviewed by City Attorney
Date
AGREEMENT 2020 - 2022
CITY OF TUKWILA (Senior Program Manager)
PAGE 29
309
310
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Pre.pared by
Mayors review
Council r view
11/18/19
BJM
kaR
ITEM INFORMATION
ITEM NO.
S'J'AFFSPONsoiz: B. MILES
11/18/19
AGI?ND,a I 'i,"m Trn.r Authorizing the Mayor to sign two letters regarding federal priorities to reduce
impacts associated with airport operations.
CXA1'I.G0R1 ® Discussion
Mtg Date 11118119
® Motion
A1tg Date 11118119
❑ Resolution
Mtg Date
❑ Ordinance
ATtg Date
❑ Bidflward
Mtg Date
❑ Public Hearing
Mtg Date
❑ Other
Mtg Date
SPONSOR ❑Council ®Mayor DHR ❑DCD ❑Finance ❑Fire ❑TS ❑116-R ❑Police ❑PlF/ ❑Court
SPONSOR'S As part of the START process, the Port and the cities worked on developing a shared federal
SUMAI ARY policy agenda regarding concerns with noise associated with airport and aircraft
operations. Specifically, the Port and the cities were looking to identify new tools,
resources, and flexibility to address noise issues. The Port of Seattle is asking adjacent
cities to sign onto two letters regarding federal priorities to reduce impacts associated with
airport operations.
RI?VIGWI3D BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm.
❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: N/A COMMITTEE CHAIR: N/A
RECOMMENDATIONS:
SPONSOR/ADNIIN. Mayor's Office
Co�MM"' l'I:I. N/A
COST IMPACT / FUND SOURCE
EXPENDITURE Ru"QuliuM AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0 $0
Fund Source: N/A
Comments: N/A
MTG. DATE
RECORD OF COUNCIL ACTION
MTG. DATE
ATTACHMENTS
11/18/19
Draft Letter to Congressional Delegation
Draft Letter to Federal Aviation Administration
311
312
Date: XXXX
The Honorable Patty Murray
United States Senate
The Honorable Adam Smith
United States House of Representatives
The Honorable Rick Larsen
United States House of Representatives
The Honorable Maria Cantwell
United States Senate
The Honorable Pramila Jayapal
United States House of Representatives
Dear Senator Murray, Senator Cantwell, Representative Smith, Representative Smith and Representative
Larsen,
We are pleased to write to share our collectively developed near -term priorities for addressing
airplane noise and emissions through implementation of existing law and passage of relevant
legislation. We look forward to working with you and your staff toward swift and successful completion
of these provisions.
Seattle -Tacoma International Airport (Sea-Tac) is the 8th busiest airport in the country in terms of
passenger volumes and one of the fastest growing — increasing from approximately 31 million travelers
served in 2010 to almost 50 million last year. The airport plays a vital role in the region's ongoing
economic vitality, but this growth is straining the capacity of our airport and our community. For this
reason, the Port and the six cities immediately surrounding the airport came together to focus on how
federal policies, regulations and programs can be changed to better align with local community
priorities.
Specifically, we have looked at two areas of focus: 1) implementation of provisions of the 2018
Federal Aviation Administration (FAA) Reauthorization Act, and 2) passage of legislation that helps
address ongoing issues of concern:
FAA Reauthorization Provisions
While all of the Subtitle D noise provisions are important, we have identified three top priorities —1) the
provisions related to evaluation of the 65 DNL noise standard (sections 173, 187 and 188), 2) the study
of the impact of overflight noise on human health (section 189), and 3) the proposed environmental
mitigation pilot program (section 190). The timely and effective execution of these provisions are well
aligned with community concerns, and have the potential for substantive benefit to our region. In
particular:
1. In terms of the 65 DNL, we know that the FAA has completed its comprehensive and detailed
survey of noise annoyance levels, and we are similarly interested in your responses to the FAA
bill provisions related to alternative metrics and revised land use compatibility guidelines. The
combined findings of these study will provide essential information that will guide how our
313
community advocates for next steps related to noise mitigation best practices. We are urging
the release of all studies and associated policy guidance as soon as possible.
2. As one of the metropolitan areas called out in the legislation for focus, we are obviously
particularly interested in the scope, methodology and findings of the study of health and
economic impacts of overflight noise. We want to ensure that results of the study align as
closely as possible to the Congressional intent behind this FAA bill provision. In addition to
urging swift action on this provision, we would like to be engaged with the FAA and the
research university carrying out this work throughout the process.
3. Finally, our region is known for both its innovation and commitment to sustainability, and so we
are very excited about the potential for a pilot program that would allow us to experiment with
new approaches to reducing or mitigating aviation impacts on noise, air quality, or water
quality. We certainly intend to apply for this funding, but also offer our willingness to provide
input to the design and structure of the grant program. We also look forward to working with
your offices to ensure sufficient appropriations for this provision.
New Legislation
There are also pieces of legislation that we believe would help move our priorities forward, and we look
forward to working with you toward their passage:
1. Representative Smith's Protecting Airport Communities from Particle Emissions Act, which
would direct the FAA to report on ultrafine particles and their health impacts for communities
around the 20 largest U.S. airports. The study would also analyze the potential impacts of
mitigation options, emissions reductions, and the increased use of aviation biofuels.
2. Representative Lynch's Air Traffic Noise and Pollution Expert Consensus Act, which would direct
the FAA to enter into appropriate arrangements with the National Academies of Sciences,
Engineering, and Medicine to provide for a report on the health impacts of air traffic noise and
pollution.
3. A new piece of legislation that would allow for secondary noise mitigation investments in
previously insulated homes, in specific situations where those noise reduction packages failed or
were flawed in some way.
4. We also fully support additional federal investments and policies that expedite the creation and
implementation of alternatives to commercial airplane travel — from Urban Air Mobility
technology to high speed surface mass transportation options.
We have one additional request that is unrelated to the 2018 FAA Reauthorization or legislation. A large
group of your colleagues recently sent a letter' to the U.S. Government Accountability Office (GAO)
asking for a study of how the FAA measures, mitigates and engages the public on aircraft noise related
to so-called "metroplexes." We believe that it would be valuable to have similar questions answered
related to large "single site" airports as well, and so we would love to work with your offices to generate
a companion request to the GAO.
' https://schiff house gov/imo/media/doc/2019-06-19%20GA0%20noise%20study%20reguest%201etter.pdf
314
We will be in touch with your staff on next steps. In the meantime, do not hesitate to contact Eric
Schinfeld, Senior Manager of Federal Government Relations for the Port of Seattle, at 206.787.5031 or
schinfeld.e@portseattle.org with ideas of how we can be most helpful and impactful in our efforts. We
deeply appreciate your partnership in ensuring that aviation is as clean, quiet and environmentally
sustainable as possible.
Sincerely,
Commissioner Stephanie Bowman Mayor Erin Sitterly
President City of SeaTac
Port of Seattle Commission
Mayor Jimmy Matta Mayor Matt Pina
City of Burien City of Des Moines
Mayor Jim Ferrell Mayor Allan Ekberg
City of Federal Way City of Tukwila
Mayor Jonathan Chicquette
City of Normandy Park
CC:
Kevin Welsh, Federal Aviation Administration
Washington Congressional Delegation
315
316
Date: XXXX
Administrator Steve Dickson
Federal Aviation Administration
U.S. Department of Transportation
800 Independence Avenue, SW
Washington, DC 20591
Dear Administrator Dickson,
We are pleased to write to share our priorities for implementation of the Subtitle D—Airport Noise
And Environmental Streamlining section of the Federal Aviation Administration (FAA) Reauthorization
Act of 2018. We look forward to working with you and your staff toward swift and successful completion
of these provisions.
Seattle -Tacoma International Airport (Sea-Tac) is the 8th busiest airport in the country in terms of
passenger volumes and one of the fastest growing — increasing from approximately 31 million travelers
served in 2010 to almost 50 million last year. The airport plays a vital role in the region's ongoing
economic vitality, but this growth is straining the capacity of our airport and our community. For this
reason, the Port of Seattle (which owns and operates Sea-Tac) and the six cities immediately
surrounding the airport came together to identify a shared agenda for federal policies, regulations and
programs that can be changed to better align with local community priorities.
In particular, we have looked at the 2018 FAA Reauthorization Act's noise provisions as a way to
substantively move forward on noise abatement and mitigation. As existing law with definitive deadlines
for action, these items provide the most near -term opportunities for progress. While all of the Subtitle
D noise provisions are important, we have identified three top priorities —1) the provisions related to
evaluation of the 65 DNL noise standard (sections 173,187 and 188), 2) the study of the impact of
overflight noise on human health (section 189), and 3) the proposed environmental mitigation pilot
program (section 190).
The timely and effective execution of these provisions are well aligned with community concerns, and
have the potential for substantive benefit to our region. More specifically:
1. In terms of the 65 DNL, we know that the FAA has completed its comprehensive and detailed
survey of noise annoyance levels, and we are similarly interested in your responses to the FAA
bill provisions related to alternative metrics and revised land use compatibility guidelines. The
combined findings of these study will provide essential information that will guide how our
community advocates for next steps related to noise mitigation best practices. We are urging
the release of all studies and associated policy guidance as soon as possible.
2. As one of the metropolitan areas called out in the legislation for focus, we are obviously
particularly interested in the scope, methodology and findings of the study of health and
economic impacts of overflight noise. We want to ensure that results of the study align as
317
closely as possible to the Congressional intent behind this FAA bill provision. In addition to
urging swift action on this provision, we would like to be engaged with the FAA and the
research university carrying out this work throughout the process.
3. Finally, our region is known for both its innovation and commitment to sustainability, and so we
are very excited about the potential for a pilot program that would allow us to experiment with
new approaches to reducing or mitigating aviation impacts on noise, air quality, or water
quality. We certainly intend to apply for this funding, but also offer our willingness to provide
input to the design and structure of the grant program.
There is one additional topic we would like to pursue further with your staff. We are very interested in
discussing further about whether there are instances in which certain residential buildings that have
received FAA and airport funded noise insulation packages might be eligible for secondary investment.
We appreciate restrictions on multiple grants for the same projects, but believe that there might be very
specific situations in which the insulation has "failed" which would necessitate and justify additional
investment. We would love to set up a meeting to discuss this issue further, and get your thoughts.
We will be in touch with your staff on next steps. In the meantime, do not hesitate to contact Eric
Schinfeld, Senior Manager of Federal Government Relations for the Port of Seattle, at 206.787.5031 or
schinfeld.e@portseattle.org. We deeply appreciate your partnership in ensuring that aviation is as clean,
quiet and environmentally sustainable as possible.
Sincerely,
Commissioner Stephanie Bowman
President
Port of Seattle Commission
Mayor Jimmy Matta
City of Burien
Mayor Jim Ferrell
City of Federal Way
Mayor Jonathan Chicquette
City of Normandy Park
Mayor Erin Sitterly
City of SeaTac
-, Mayor Matt Pina
City of Des Moines
CC:
Kevin Welsh, Federal Aviation Administration
Washington Congressional Delegation
Mayor Allan Ekberg
City of Tukwila
318
TO:
FROM:
DATE:
SUBJECT:
City of Tukwila Allan Ekberg, Mayor
Mayor's Office - David Cline, City Administrator
The City of opportunity, the community of choice
Mayor Ekberg
Councilmembers
David Cline, City Administrator
November 13, 2019
City Administrator's Report
The City Administrator Report is meant to provide the Council, staff and community an update on
the activities of the City and on issues that concern Tukwila. Please let me know if you have any
questions or need additional information about any of the following items.
I. Intergovernmental Update
Sound Cities Association Networking Dinner: Mayor Ekberg and Councilmember Kruller
attended the Sound Cities Association Networking dinner on October 30.
Seattle Southside Chamber's Business Awards Ceremony: Economic Development staff
attended the Seattle Southside Chamber's Business Awards Ceremony on November 8 which
raised funds for the Chamber's Success Foundation.
II. Community Events
• 2019 Spirit of Giving: Tukwila Parks and Recreation has joined forces with the Tukwila
Children's Foundation for the 2019 Spirit of Giving Campaign. Donations for new, unwrapped
items: toys, art supplies, games, gift cards and cash contributions are being accepted at
various locations throughout Tukwila. More information is available at
www.tukwitawa.gov/giving.
III. Staff Updates
Project Updates
• S 196th/200th Street Bridge Repair: Estimated Completion: January 2020
South 196th/200th Street bridge has been completely closed to vehicle traffic for four weeks.
Pedestrians have access to cross the bridge along the north side. The bridge is still on
schedule to be open to traffic the week of Thanksgiving with punchlist completion in
December.
• 53rd Ave S:
Estimated Completion: December 2019
Seattle City Light (SCL) accepted all undergrounding power facilities built by the contractor
and approved the as -built plans. SCL will be meeting with the City and the contractor on
November 13 to discuss the next steps in undergrounding the overhead power facilities.
Tukwila City Hail • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: Tukwila WA.gov
319
City Administrator's Report
November 13, 2019
Page 2
• Traffic Calming/Residential Safety: Rectangular Rapid Flash Beacon (RRFB) at 37th Ave S
and S 144th St crosswalk is now complete. Installation of the driver feedback radar sign on S
144th St is pending available sign. The All -Way Stop Study is complete and recommended for
S 147th St at 57th Ave S. All -Way Stop Study is complete for 58th/S144th and results will be
presented soon.
• Boeing Access Rd over Airport Way Bridge: TranTech has submitted 90%design drawings
and specifications to the City for review. The 90% review process is underway with the bid
process planned for December 2019 with construction starting in early 2020.
• TIB Channelization Study: Draft of the final report will be done by end of November for staff
review. Report is expected to be finalized by end of the year with presentation and discussion
brought to Council in early 2020.
• Housing Action Plan Grant Award: The City has received a grant award of $100,000 through
the House Bill 1923 to create a Housing Action Plan, partiallyjoint with 5 other South King
County jurisdictions —Auburn, Burien, Federal Way, Kent, and Renton. This will go to Council
Committee for acceptance at the end of November.
Boards and Commissions
• Arts Commission: Vacant Position: Position #7 Resident. Appointment recommendation
scheduled for November 18, 2019.
• Civil Service Commission: No vacancies.
• COPCAB: Vacant Position: Student Representative.
• Equity & Social Justice Commission: Vacant Position: Student Representative.
• Human Services Advisory Board: No vacancies
• Landmark Commission: No vacancies.
• Library Advisory Board: Vacant Position: Student Representative.
• Lodging Tax Advisory Committee: No vacancies.
• Park Commission: Vacant Positions: Position #2 Community Representative and Student
Representative.
• Planning Commission: No vacancies.
IV. Responses to Council/Citizen Inquiries
Date of
Inquiry
Inquiry
Response
November 4,
The City should better
Staff is reviewing additional ways to communicate to
2019
communicate to residents
residents near the project such as more regular
near 53rd on the project
website updates and other methods
status/completion date.
November4,
A resident has a noise
City Administrator David Cline and DCD Director Jack
2019
complaint regarding the
Pace will be meeting with the complainant in the near
Sabey data center.
future.
Phone: 205-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
320
City Administrator's Report
November 13, 2019
Page 3
Request to amend the
City staff talked with applicant and was satisfied with
November 4,
allowable footprint area for
response and better understanding of current codes,
2019
SF residences - copies
no more action needed
distributed to Council
Suggestion to place the City
This request will be taken into consideration for 2020.
November 4,
Administrator report in a
more prominent place on the
2019
City website, include a phone
number for questions.
Update on Metro Community
Metro Community Connections is seeking public input
Connections program (Teens
on Community transportation needs through an online
for Tukwila asked again about
survey. The Tukwila Community survey can be
bus service by TCQ
accessed at
November 4,
https://kingcounty.gov/depts/transportation/metro/pr
2019
oPrams-projects/community-
connections/partnerships/tukwila.aspx and is due to
close soon. Nate Robinson, the Teens for Tukwila staff
liaison has been asked to encourage the teens to
complete the survey. The passage of 1976 could have
severe impacts on Metro services.
The CA report stated that LED
Retrofitting park lights is not provided for in the
lights in parks would require
current budget. Parks & Recreation is looking into
November 4,
retrofitting and hardwiring. Is
grants to assist us in the retrofit of the lights, as well as
2019
that a barrier or is that
investigating a solar lighting solution to reduce costs.
something that can be
programmed in the future?
There has been an uptick in
HotSpots team along with the Community Police team
November4,
graffiti in the City and the
have been focused on the increase in graffiti and will
2019
Council would like an update.
be working with Public Works and community
members on the removal process.
There was a trespassing
Police looked into this incident and discovered that the
incident at the Heiser site and
first call to 911 was made at 8:39 and was classified as
November 4,
while a call was placed to 911,
a low priority call by Valley Comm. At 8:53 a second call
2019
police officers did not arrive
was made to 911 emphasizing they had a suspect in
on scene.
custody. Police were dispatched at 8:54 and arrived on
scene at 8:57.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
321
322
November 12, 2019
TO: Tukwila City Council
FROM: Steve Goldblatt
PMQA Consultant
RE: Public Safety Plan
November update
With almost all significant Council actions on the Plan's components accomplished, my ac-
tive advising role will end soon. I will monitor ongoing project updates, and alert Council of
any pending issues or action items. This final monthly report focuses on recent and upcom-
ing Council actions. To follow construction progress, see SOJ's Construction Management
Monthly Report in Council's first regular meeting packet each month.
Fire Station 52 final MACC
The final MACC amendment to approve Lydig's full scope of construction —including
the Fire Dept. administrative space build -out —was discussed and forwarded at COW
12 November for approval by Council 18 November.
Public works shops master plan
On 4 November, Council approved (1) the first phase of SHKS's master plan and seis-
mic retrofitting of the Heiser building to house George Long Shops and (2) interim im-
provements to Minkler Shops.
Public works shops design services
Public Works presented a design consulting amendment to SHKS's contract for renova-
tion of the Heiser building to Transportation & Infrastructure 19 November for possi-
ble Council approval 2 December.
Professional services
On 4 November, Public Safety moved to Council's 18 November consent agenda
amendments to (1) Mayes Testing Engineers for Fire Station 52 services and added
Justice Center scope, and (2) SoundEarth Strategies for added Justice Center scope.
LEGEND
• Meeting target
Proceeding as planned.
Caution advised
Steps needed to meet target.
Correction needed
Steps needed to attempt recovery.
Not meeting target
No recovery plan in place.
323
324
UPCOMING MEETINGS AND EVENTS
NOVEMBER 2019
NOV 18 MONDAY
NOVIS TUESDAY
NOV 20 WEDNESDAY
NOV 21 THURSDAY
NOV 22 FRIDAY
NOV 23 SATURDAY
Public Safety
. Transportation &
Committee
Infrastructure
GREEN )
5:30 PM
committee
TUKWILA
7:00 PM
Hazelnut
5:30 PM
128; Street Parcel
Valley View Sewer
Conference Room
Hazelnut
Work Party
District
Conference Room
Join Forest Steward Heidi
3460 S 148th St
Watters and neighbors in
City Council
restoring a local stream and
www.actiontukwila.org
Regular Meeting
wetland.
7:00 PM
Council Chambers
11:00 AM — 2:00 PM
371" Ave S &
S 128" St
VY
To sign-up, visit
SpIEIY
https:/Av .tukwilawa.gov/
7:00 PM
departments/parks-and-
recreation/green-tukwila.
Tukwila Heritage &
Cultural Center
14475 591 Ave S
TRANSPORTATION
DROP -IN
•00;�i
Talk to representatives from
King County Metro's ORCA
To -Go, King County Public
Health's Access and Outreach,
South King County
Transportation Options and
Hopelink to learn about riding
the light rail, bus or bicycle,
shuttles, or to get an ORCA
card
1:30 PM — 3:30 PM
Tukwila Library
14380 Tukwila Intl Blvd
NOV 25 MONDAY
NOV 26 TUESDAY
NOV 27 WEDNESDAY
NOV 28 THURSDAY
NOV 29 FRIDAY
NOV 30 SATURDAY
> Finance
Committee
5:30 PM
;o, Community
Development &
Neighborhoods
Acts Commission
' CANCELLED
Hazelnut
Committee
�)a�
Conference Room
5:30 PM
W
a
Hazelnut
Conference Room
Tukwila International
> City Council1W
Boulevard Action
Committee of the
City offices and
City offices and
Committee
Whole Meeting
Community Center
Community Center
Trash Pick -Up Day
7:00 PM
Council Chambers
Closed
Closed
For more information,
call Sharon Mann at
206-200-3616.
F GIVING
SPIRIT SPIRT ONOV
aU MOR8PMERS PANERA BREAD at 17250 Southcenter Pkwy, Suite 152
18
T
NOV 22 10:30 AM— 10:00 PM PANDA1 EXPRESS a 7100 SouthcSPkwy, Suite 100
GIVINGPurchase
your meal at these restaurants, and they will donate a percentage of each meal to Tukwila Children's Foundation through the Spirit of
Giving campaign. Please email Giving@TukwilaWA.gov for the event flyer to show to the cashier.
SPIRIT OF GIVING CAMPAIGN Help us reduce financial stress for caregivers and bring joy to 350 disavantaged school children. To become
Y involved, email Giving@TukwilaWA.gov or call 208-767-2342. How can you help this campaign?
HOST: Organizations, businesses, faith -based communities and service groups can host a Toy Drive, Book Drive, Blanket Drive, Hat Drive, Game
Drive or Gift Card Drive. Tukwila Parks & Recreation staff will help you organize your effort by providing promotional materials, a collection bin and
other resources.
SPIRIT
DONATE: Individuals and groups can donate directly to the campaign by dropping off new, unwrapped items at giving locations. Items needed are
' � of toys, art supplies, movie tickets, bowling certificates, games and gift cards.
GIVING DROP-OFF LOCATIONS: Tukwila Community Center and Tukwila City Hall
e.: iii � a Tukwila in Motion has launched[ Live, work or go to school in Tukwila? Explore your travel options and get a FREE ORCA CARD for 2
TUKWILA IN MOTIOONN weeks of unlimited travel! Offer available until December 15. Sign up at www.kingcounty.gov/inmotion.
Regional Animal Services of King County (RASKC) is offering 50 % off adoptions in the month of November. This offer applies at
the locefions listed below. For a sneak peek at the sweet, adoptable favorites, visit www.kingcounty.gov/depts/regional-animal-
w .. services/adopt-a-pettadoptable-animals.aspx.
RASKC EASTSIDE PET ADOPTION CENTER REBER RANCH
n°z,eed_ ' 4 Lg Klrgco„nty 21615 64'" Ave S (Inside Petco) 12040 NE 85" St 28606 132nd Ave SE
Kent Kirkland Kent
Arts Commission: 4th Wed., 6:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305.
'i Civil Service Commission: 2nd Mon., 5:00 PM, Human Resources Conference Room. Contact Michelle Godyn at 206-431-2187.
Community Development and Neighborhoods Committee: 2nd & 4th Tues., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993.
o, COPCAB (Community Oriented Policing Citizens Advisory Board): 2nd Thurs., 6:30 PM, Duwamish Conference Room. Contact Chris Partman at 206-431-2197.
Equity & Social Justice Commission: 1st Thurs., 5:15 PM, Hazelnut Conference Room. Contact Niesha Fort -Brooks at 206-454-7564.
r Finance Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993.
Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2342.
i Park Commission: 2nd Wed., 5:30 PM, Community Center. Contact Robert Eaton at 206-767-2332.
Planning Commission/Board of Architectural Review: 4th Thurs., 6:30 PM, Council Chambers at City Hall. Contact Wynetta Bivens at 206-431-3670.
Public Safety Committee: 1st & 3rd Mon., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993.
(2A) Three capital purchases for the Police Department. (2B) Update on Police Department statistics. (2C) 2019 31 Quarter Police Department report. (2D) 2019 r Quarter
Fire Department report (2E) Geographic public safety data. (2F) 2019 Committee Work Plan.
Transportation and Infrastructure Committee: 1 st & 3rd Tues., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993.
(2A) 2020 Transportation Demand Management Agreement with King County Metro. (2B) Resolution adopting a Title VI Program. (2C) Contract Amendment #2 with SHKS for
the design of Public Safety Plan: Public Works Shops Phase I. (2D) Contract Amendment #7 with KPG for construction management of 531 Avenue South. (2E) Resolution for
Administrative Variance for Starfire Sports. (2F) Ordinance updating TMC Chapter 9.48 relating to Concurrency Standards and Transportation Impact Fees.
'. Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila Heritage & Cultural Center, 14475 591 Avenue S. Contact Louise Jones -Brown at 206-244-4478.
Tukwila International Boulevard Action Committee: 2nd Tues., 7:00 PM, Valley View Sewer District. Contact Chief Bruce Linton at 206-433-1815.
325
Tentative Agenda Schedule
MONTH
MEETING 1 -
MEETING 2 -
MEETING 3 -
MEETING 4-
REGULAR
C.O.W.
REGULAR
C.O.W.
November
4
12 (TUESDAY)
18
25
See agenda packet
Public Hearings
cover sheet for this
An ordinance renewing a 6-
week's agenda:
month moratorium within
the Tukwila International
November 18, 2019
Boulevard Study area in
Regular Meeting
the City of Tukwila on the
development of certain
uses such as hotels,
motels, extended stay
facilities or auto -oriented
uses.
An ordinance amending the
2019-2020 Budget.
Special Issues
A resolution adopting a
2020 State Legislative
Agenda.
A resolution authorizing
use of a Small Cell Master
License Agreement.
December
2
9
16
23
Unfinished Business
Special Presentation
A resolution adopting a
Public Safety Bond
Legislative Agenda for
Financial Oversight
use during the 2020
Committee Report.
Washington State
Legislative Session.
Special Issues
An ordinance renewing
A resolution acknowledging
a 6-month moratorium
Councilmember Robertson.
within the Tukwila
International Boulevard
Study area in the City
of Tukwila on the
development of certain
C.O.W. Meeting to be
uses such as hotels,
followed by Special
motels, extended stay
Meeting.
facilities or auto -
oriented uses.
An ordinance
amending Ordinance
#2597, which adopted
the City of Tukwila's
Biennial Budget for the
2019-2020 Biennium,
and Ordinance #2602,
which amended that
budget, to adopt an
amended mid -
biennium budget.
A resolution authorizing
use of a Small Cell
Master License
Agreement template.
326