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Home My WebLink AboutCOW 2019-12-09 COMPLETE AGENDA PACKETTukwila City Council Agenda ❖ COMMITTEE OF THE WHOLE ❖ 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 Reception for Councilmember Dennis Robertson 6:15 to 7:00 PM — City Hall lobby Monday, December 9, 2019; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. SPECIAL Public Safety Bond Financial Oversight Committee report. Pg.1 PRESENTATION Sean Goode, Chair, Public Safety Bond Financial Oversight Committee. 3. PUBLIC At this time, you are invited to comment on items not included on this agenda COMMENTS (please limit your comments to rive 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. SPECIAL ISSUES a. A resolution expressing sincere gratitude to Dennis Robertson for Pg.9 his service as a Councilmember. b. A resolution of the City Council expressing its collective position Pg.13 supporting approval for Tukwila School District No. 406 Propositions 1 and 2, on the ballot for the February 11, 2020 Special Election. Title: Tukwila School District No. 406, Proposition No. 1 - Renewal Educational Programs and Operations Levy: The Board of Directors of Tukwila School District No. 406 adopted Resolution No. 896 authorizing a renewal educational programs and operations levy. This proposition would authorize the District to meet the educational needs of students by levying the following excess taxes, renewing an expiring levy, on all taxable property within the District, for educational programs and operations expenses not funded by the State: Collection Year Estimated Levy Rate/$1,000 Assessed Value Levy Amount 2021 $1.75 $7,850,000 2022 $1.75 $8,250,000 2023 $1.75 $8,700,000 2024 $1.75 $9,150,000 all as provided in Resolution No. 896, subject to legal limits at time of levy. Should this proposition be approved or rejected? Continued on next page for Proposition No. 2 information... COMMITTEE OF THE WHOLE MEETING December 9, 2019 Page 2 4. SPECIAL ISSUES b. (continued) (cont.) A resolution of the City Council expressing its collective position supporting approval for Tukwila School District No. 406 Propositions 1 and 2, on the ballot for the February 11, 2020 Special Election. Title: Tukwila School District No. 406, Proposition No. 2 — Renewal Technology and Capital Projects Levy: The Board of Directors of Tukwila School District No. 406 adopted Resolution No. 897 authorizing a renewal levy for technology and capital projects. This proposition would authorize the District to acquire and install technology equipment and infrastructure to better prepare students for careers of tomorrow, improve school facilities, and make safety and energy efficiency upgrades, by levying the following excess taxes, renewing an expiring levy, on all taxable property within the District: Collection Year Estimated Levy Rate/$1,000 Assessed Value Levy Amount 2021 $0.75 $3,350,000 2022 $0.71 $3,350,000 2023 $0.67 $3,350,000 2024 $0.64 $3,350,000 all as provided in Resolution No. 897. Should this proposition be approved or rejected? Public comments will be accepted, pursuant to RCW 42.17A.555 Q c. An update on the Boeing Access Road over BNRR Bridge Pg.17 Rehabilitation Project. d. Fireworks permits: (1) A fireworks permit for Lam's Seafood Asian Market Pg.25 (2) A fireworks permit for the Seattle Seawolves rugby team pg.39 e. Cleanup costs for the Hilltop Homeless Camp (Boeing Access Road/ Pg.49 Airport Way South homeless encampment) in the amount of $60,000. f. Microsoft Office Enterprise Agreement. 5. REPORTS a. Mayor b. City Council c. Staff d. Council Analyst 6. MISCELLANEOUS 7. ADJOURN TO SPECIAL MEETING Pg.55 (continued...) SPECIAL MEETING December 9, 2019 Page 3 ❖ SPECIAL MEETING ❖ ❖ Ord #2623 ❖ Res #1978 1. CALL TO ORDER / ROLL CALL 2. CONSENT a. Approval of Vouchers AGENDA b. Accept as complete the Boeing Access Road over BNRR Bridge Pg.17 Rehabilitation Project (contract #17-108) with PCL Construction, LLC; authorize release of retainage, subject to the standard claim and lien release procedures. (Final cost of project: $6,905,831.31). c. A resolution of the City Council expressing its collective position Pg.13 supporting approval for Tukwila School District No. 406 Propositions 1 and 2, on the ballot for the February 11, 2020 Special Election. d. Authorize the Mayor to sign a grant agreement with the Washington Pg.61 State Office of Public Defense for 2020-2021, in the amount of $80,000.00 (funds coming to the City). e. Fireworks permits: (1) Approve a fireworks permit submitted by Lam's Seafood Asian Market Pg.25 for a fireworks display at Lam's Seafood Asian Market at 243 Minkler Boulevard on January 3, 2020. **The Fire Marshal seeks the City Council's approval of the fireworks permit, subject to the Fire Marshal's subsequent determination that all permit requirements, including compliance with state statutes and local ordinances, have been met, and seeks delegation of the authority to approve the fireworks permit to the Fire Marshal, if all permit requirements are met. If permit requirements are not met, the fireworks permit would be denied. The Special Event permit can still be approved, but without the use of fireworks. ** (2) Approve fireworks permits for the Seattle Seawolves rugby team for Pg.39 fireworks displays during their opening ceremonies and throughout their matches for the 2020 season. f. Authorize the approval of cleanup costs for the Hilltop Homeless Camp Pg.49 (Boeing Access Road/Airport Way South homeless encampment) in the amount of $60,000. g. Authorize the Mayor to sign the Microsoft Office Enterprise Agreement P9.55 in an amount not to exceed $422,555.00. 3. UNFINISHED A resolution expressing sincere gratitude to Dennis Robertson for his Pg.9 BUSINESS service as a Councilmember. 4. NEW BUSINESS Authorize the Mayor to sign a Collective Bargaining Agreement with Pg.79 Tukwila Firefighters/International Association of Firefighters (IAFF) #2088 for the period of January 1, 2020 through December 31, 2022. 5. 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(c)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.4ov) 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. 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. 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. }a CITY OF TUKWILA trt� PUBLIC SAFETY BOND FINANCIAL OVERSIGHT COMMITTTEE Report to the City Council December 2019 On behalf of my fellow members, I am pleased to present you with the final 2019 Report of the Public Safety Bond Financial Oversight Committee. Per the Charter adopted in Resolution 1892, our role is to review the allocation of bond proceeds and progress on achieving the purposes of the Public Safety Bond and to report to the City Council semi-annually. The Committee met on April 11, 2019 and November 5, 2019. Pursuant to Ordinance 2509 and Resolution 1892, during this meeting the Committee reviewed status and expenditure reports relating to the Public Safety Bond as approved by Tukwila voters at the November 8, 2016 General Election. City staff also provided an overview of the Public Safety Plan overall budget, schedule and status. During the April meeting the Committee had the opportunity to meet and ask questions of Mr. Steve Goldblatt, the Council's Public Safety Plan Program Management Quality Assurance Consultant. The Oversight Committee has to date reviewed bond expenditures through October April 11, 2019 and November 5, 2019, 2019 and finds that these expenditures are in compliance with the purposes of the Public Safety Bond. Minutes of the 2019 meetings are attached to this report. The Committee appreciates this opportunity and we look forward to our continued relationship with the City Council. The Committee has directed staff to facilitate quarterly meetings in 2020. Attachments: Approved April 11, 2019 Committee Meeting Minutes Draft November 5, 2019 Committee Meeting Minutes 2 ON of Tukwila Public Safety Bond Financial Oversight Committee April 11, 2019 City Hall Hazelnut Conference Room 4:00 p.m. Attendees: Sean Goode, Andy Reiswig, Jun Castillo, Randy Coplen, David Cline, Laurel Humphrey, Peggy McCarthy, Aaron Williams, Steve Goldblatt MINUTES I. Call to Order II. Roll Call Committee members: Sean Goode, Chair, Andy Reiswig, Jun Castillo, Randy Coplen Absent: Jessica Jerwa, Vice -Chair Mr. Reiswig moved to excuse Ms. Jerwa from the meeting, and Mr. Coplen seconded. The motion carried unanimously. III. Approval of Agenda Mr. Reiswig moved approval of the agenda, and Mr. Coplen seconded. The motion carried unanimously and the agenda was approved. IV. Approval of Minutes Mr. Coplen moved approval of the August 6, 2018 minutes, and Mr. Reiswig seconded. The motion carried unanimously and the minutes were approved. V. New Business 1. Public Safety Plan Project Update Mr. Goldblatt, the Council's PMQA consultant, introduced himself and described his role to the Committee, which is to provide independent, 3'd party counsel to the City Council on the Public Safety Plan projects. He reiterated that the construction market is in an extraordinary time and that there is a lack of trade availability and costs are escalated. City staff updated the Committee on the status of projects associated with the Public Safety Plan. The City now owns all property and has reached settlements with the impacted businesses. Projects are on schedule, and on March 25 the City Council authorized proceeding with construction on the Justice Center and Station 51. The next big decision point will be the remainder of the Maximum Allowable Construction Cost (MACC) contract for the Justice Center at the end of May. The overall funding and revenue stream has not changed significantly since the Oversight Committee last met. Mr. Goldblatt noted that the bond measure did not anticipate the actual cost of construction and reminded the Committee that the Council chose to remove construction of a new Station 54 from the plan, although Councilmembers expressed support for rehabilitation. 2. Public Safety Plan Financial Overview The Committee reviewed the original and revised revenue and expenditure budgets for the Public Safety Plan. Total actual revenues through April 5 are $40,213,245 from the voter - approved bond, fire impact fees, real estate excise tax, investment interest, and rental income. The total for actual and projected revenues is $127,675,333. The total expenditure budget change is $36,515,077. The remainder of the voted debt, $40,675,046, along with $17.5M in Councilmanic bonds will be issued in 2019. The City will save on bond issuance costs by doing both at the same time. Staff updated the Committee regarding alternates at Station 51. The Council approved budget for 4 of 7 items that had been identified as desirable features not included in the original budget: fire hydrant in the back, bi-fold doors, rough -in for new SCBA gear washer, and underground utilities for future fueling station. The Council had earlier approved budget to make Station 52 a "drive -through" station so that large apparatus will not have to backup into the station. Mr. Goode asked staff to clarify revenue sources beyond the voter -approved bond. The primary sources are fire impact fees, REET 1, and property sales. Mr. Reiswig asked about the impacts to other city activities. While fire impact fees can only be used for fire related purposes, money from property sales and REET 1 could be used for other purposes. Mr. Goode asked if this budget situation could have been avoided. Mr. Conlen stated that construction costs are difficult to predict and market driven. Mr. Goode reiterated that resources are being redirected from other activities. Mr. Reiswig asked why the land acquisition budget for the Justice Center went from $6M to over $15M. Staff responded that the original budget numbers were formula based, and land/real estate had significant increases once locations were identified. 3. Expenditure Reports The Committee reviewed actual Public Safety Plan expenditures through April 5, 2019 including a detailed list and current contracts. Actual expenditures through April 5, 2019 are $26,090,864. The Committee also reviewed a current list of contracts for service associated with the Public Safety Plan. VI. Miscellaneous • Staff noted that the City Council recently appointed Mr. Goode, Ms. Jerwa, and Mr. Coplen to second terms on the Committee. During the Finance Committee discussion on the reappointments, Councilmember Quinn stressed the importance of the Oversight Committee and asked staff to ensure that its members have the City support needed to be effective. He also suggested that the Oversight Committee consider Mr. Goldblatt as resource, and to look for opportunities to engage with the community. Staff asked the Oversight Committee for comments. Mr. Castillo stated that he finds the Committee to be effective and the right people are at the table. He does get questions from other community members and he is able to share the information. Mr. Coplen noted that the Committee reviews the reports provided, so it's hard to comment on what else the City could offer. Mr. Goode stated that he sees the purpose of the Committee is to review the financial reports and ask about outliers, delays, disputes and other 6 51 unusual items. He does not get asked about the Committee's work by other members of the community but is open to other forms of messaging. Staff mentioned that it would be a good time to report to the Council and will work with the Chair to get it on the schedule. VII. Adjournment Mr. Reiswig moved adjournment and Mr. Castillo seconded the motion. The motion carried and the meeting was adjourned at 5:04 p.m. Minutes by LH, Reviewed byAW 5 m City of Tukwila Public Safety Bond Financial Oversight Committee November 5, 2019 City Hall Hazelnut Conference Room 4:00 p.m. Attendees: Sean Goode, Andy Reiswig, Jessica Jerwa, David Cline, Laurel Humphrey, Vicky Carlsen, Tony Cukerton, Aaron Williams MINUTES I. Call to Order II. Roll Call Committee members: Sean Goode, Chair, Jessica Jerwa, Vice -Chair, Andy Reiswig Absent: Jun Castillo, Randy Coplen III. Approval of Agenda The agenda was approved by unanimous consent. IV. Approval of Minutes The April 11, 2019 meeting minutes were approved by unanimous consent. V. New Business 1. Public Safety Plan Project Update` Staff presented an overview of the Public Safety Plan status and projects. Construction is underway with Fire Station 51 occupancy expected in July 2020, Justice Center occupancy in October 2020, and Fire Station 52 by March 2021. The City's bond rating was recently upgraded to AA+ which means significant cost savings resulting from the favorable interest rate. The Fire Department is holding a "Push -In Ceremony" on November 13 for two new engines. The Committee is invited to attend as well as take site tours. 2. Public Safety Plan Financial Overview The Committee reviewed the original and revised revenue and expenditure budgets for the Public Safety Plan. Total actual revenues through October 28 are $39,714,352 from the voter - approved bond, fire impact fees, real estate excise tax, investment interest, and rental income. The total for actual and projected revenues is $132,085,273. The total expenditure budget change is $39,634,107. 1 7 3. Expenditure Report The Committee reviewed actual Public Safety Plan expenditures through October 28, 2019 including a detailed list and current contracts. Actual expenditures through October 28 are $42,972,617. 4. Committee Charter The Committee reviewed its Charter and recommends no changes. VI. Miscellaneous • Chair Sean Goode will report to the City Council at its December 9 Committee of the Whole meeting. All Oversight Committee members are encouraged to attend. • The Committee agreed to meet quarterly in 2020 and City staff will send out scheduling options via email. • The City is hosting a volunteer appreciation event for Board, Commission and Committee members on December 12, 5:30 p.m. • Committee members interested in touring the Station 52 site will email staff with availability. T VI1. Adjournment The meeting was adjourned at 4:48 by unanimous consent. Minutes by LH, Reviewed byAW 2 COUNCIL AGENDA SYNOPSIS Meetin Date Prepared by M ors review Council review 12/09/19 LH ITEM INFORMATION ITEM NO. I � � Spec 3 STAFF SPONSOR: LAUREL HUMPHREY ORIGINAL AGENDA DATE: 12/9/19 AGENDA ITEM Trri.F. Resolution honoring Councilmember Dennis Robertson CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ® Resolution Mt g Date 1219119 ❑ Ordinance Mt g Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR ®Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PIY/ ❑Court SPONSOR'S The proposed resolution honors the 24 years of service of Councilmember Dennis SUMMARY Robertson on the occasion of his retirement from the City Council. REVIEWED 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: Cost impacts include staff time for outreach and enforcement, if passed. MTG. DATE RECORD OF COUNCIL ACTION 12/9/19 MTG. DATE ATTACHMENTS 12/9/19 Draft Resolution 10 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING SINCERE GRATITUDE TO DENNIS ROBERTSON FOR HIS SERVICE AS A COUNCILMEMBER. WHEREAS, Dennis Robertson has announced retirement from public service after a career of community advocacy including leading the Tukwila-McMicken Action Committee that resulted in annexation to the City of Tukwila; and WHEREAS, Dennis has served on the City Council from 1988-1995, and again from 2004 to the present day; and WHEREAS, Dennis has chaired numerous Council Committees, served as Council President in 1991, 2006, 2010, and 2017, and has dedicated countless hours of service to the community; and WHEREAS, Dennis leaves a legacy of care and concern for environmental issues, as evidenced by his longtime leadership on the Water Resource Inventory Area 9 (WRIA 9) Management Committee and his recent sponsorship of an ordinance that will help remove single -use plastic bags from the waste stream; and WHEREAS, his knowledge, experience, and attention to detail, budgetary and otherwise, has greatly contributed to a better government and will be greatly missed by all; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: On behalf of the entire Tukwila community, the Mayor and Councilmembers express their sincere thanks to Dennis Robertson for his 24 years of dedicated service as a City of Tukwila Councilmember. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of .12019. Allan Ekberg, Mayor ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Filed with the City Clerk:_ Passed by the City Council: Resolution Number: Kathy Hougardy, Council President Verna Seal De'Sean Quinn Kate Kruller Thomas McLeod Zak Idan 11 12 COUNCIL AGENDA SYNOPSIS Meeting Date Pre pared by Ma yore w review Co cil eview 12/09/19 LH d1iL �- ITEM INFORMATION ITEM NO. Spec 2.C. STAFF SPONSOR: LAUREL HUMPHREY ORIGIN,U_AGI?ND;A D.A"1'I:: 12/9/19 AGENDA Ti,n,r Resolution expressing support for Tukwila School District Propositions 1 and 2 on the February 11, 2020 Special Election Ballot. CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ® Resolution Mtg Date 12/9/19 ❑ Ordinance Mtg Date ❑ Bid Aulard g Date Aft ❑ Public Hearing 11tg Date ❑Other Mtg Date SPONSOR ®Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PIY/ ❑Court SPONSOR'S The proposed resolution expresses the City Council's collective support for the renewal of SUNITMAIZY the Tukwila School District's Educational Programs and Operations and Technology Levies on the February 11, 2020 ballot. REVllsWF?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. Co;�Inlrrrl �.I �. COST IMPACT / FUND SOURCE EXPINDPI URE RI?QUIRI?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 12/9/19 MTG. DATE ATTACHMENTS 12/9/19 Draft Resolution 13 14 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, EXPRESSING ITS COLLECTIVE POSITION SUPPORTING APPROVAL FOR TUKWILA SCHOOL DISTRICT PROPOSITIONS 1 AND 2 ON THE BALLOT FOR THE FEBRUARY 11, 2020 SPECIAL ELECTION. WHEREAS, the City of Tukwila's Strategic Plan includes a goal of providing "A Solid Foundation for all Tukwila Residents;" and WHEREAS, adequate, stable funding for education is critical to the fulfillment of this goal; and WHEREAS, current State funding fails to provide enough money to pay for the actual cost of educating our students; and WHEREAS, to address the need for funding existing programs and operations, the Tukwila School Board passed Resolution 896 to place on the ballot for the February 11, 2020 special election Proposition 1 to renew the expiring Educational Programs and Operations Levy for an additional four years; and WHEREAS, to address the need for funding technology needs for 21 st-century learning, the Tukwila School Board passed Resolution 897 to place on the ballot for the February 11, 2020 special election Proposition 2 to renew the expiring Technology and Capital Projects Levy for an additional four years; and WHEREAS, educating our students and adequately equipping them to meet the future is paramount to the success of our community; and WHEREAS, because Tukwila School District Propositions 1 and 2 are renewal measures, the four-year average tax rate is projected to stay the same if both pass; and WHEREAS, on December 9, 2019, the Tukwila City Council accepted comments from the public before adopting this resolution, pursuant to RCW 42.17A.555; W:\Word Processing\Resolutions\Support for Tukwila Sch Dist propositions 12-2-19 LH:bjs Review and analysis by Barbara Saxton Page 1 of 2 15 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: The Tukwila City Council expresses support for Tukwila School District Propositions 1 and 2 set for the February 11, 2020 Special Election, and urges all eligible voters in that district to vote to approve the measures. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this day of 2019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Kathy Hougardy, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: W:\Word Processing\Resolutions\Support for Tukwila Sch Dist propositions 12-2-19 LH:bjs Review and analysis by Barbara Saxton 16 Page 2 of 2 COUNCIL AGENDA SYNOPSIS ----------------------------------Initials Meetin Date Pre ared b Ma or's review Council review 12/09/19 GL e ITEM INFORMATION ITEMNO. I ' • Spec 2.B. STAFF SPONSOR: ADAM COX ORIGINALAGENDA DATE: 12/09/19 AGENDA ITEM TrrLE Boeing Access Road over BNRR Bridge Rehabilitation Project Project Completion and Acceptance CATEGORY ❑ Discussion Mtg Date ® Motion Mtg Date 12109119 ❑ Resolution Mig 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 ®PW ❑Court SPONSOR'S The contract with PCL Construction of Bellevue WA is complete for the Boeing Access Road SUMMARY over BNRR Bridge Rehabilitation Project. This project completed a seismic retrofit of the bridge deck, traffic barriers, sidewalk widening, concrete column jacketing and foundation support. Construction began June 23, 2016 and was physically completed on July 18, 2019. Council is being asked to accept and finalize the contract with PCL Construction for $6,905,831.31. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Public Safety Comm. ® Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/03/19 COMMITTEE CHAIR: ZAK IDAN RECOMMENDATIONS: SPONSOR/ADMIN. Public Works Department COMMITTEE Unanimous Approval; Forward to COW & Special COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $6,905,831.31 $7,923,340.00 $ Fund Source: 104 BRIDGES & ARTERIAL STREETS (PAGE 11, 2019 CIP) Comments: Federal Bridge Replacement Advismy Committee (BRAC) funded 80% MTG. DATE RECORD OF COUNCIL ACTION 12/09/19 MTG. DATE ATTACHMENTS 12/09/19 Informational Memorandum dated 11/27/19 Notice of Completion Contract No. 17-108 Minutes from the Transportation and Infrastructure Committee 12/03/19 17 W-9 City of Tukwila Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Henry Hash, Public Works Director :/f/. BY: Adam Cox, Transportation Project Manager CC: Mayor Allan Ekberg DATE: November 27, 2019 SUBJECT: Boeing Access Road over BNRR Bridge Rehabilitation Project No. 99410408; Contract No.17-108 Project Completion and Acceptance ISSUE Accept construction contract as complete and authorize release of the payment and performance bond. Ie(11:(daoulkTi,, Allan Ekberg, Mayor The Notice to Proceed for Contract Number 17-108 with PCL Construction, LLC of Bellevue, Washington for the Boeing Access Road over BNRR Rehabilitation Project was issued on June 23, 2016. This construction project consisted of a seismic retrofit of the Boeing Access Road over BNRR bridge deck, traffic barriers, sidewalk widening, concrete column jacketing, and foundation support. DISCUSSION The Boeing Access Road over BNRR Rehabilitation construction project was physically completed on July 18, 2019. There were no contract disputes or claims on the project and the project was completed under budget. Since the physical completion date, staff has been waiting for approval of all administrative obligations and payment verification items before accepting the work as complete. FISCAL IMPACT The original construction budget for the Boeing Access Rd over BNRR Bridge Rehabilitation was $7,923,340.00 with a 25% contingency of $1,584,668.00. Twenty-two change orders were executed for a total of $716,587.31. The final cost for the retrofit of the bridge, including all change orders, was $6,905,831.31. The 80% project funding was secured through a Federal Bridge Replacement Advisory Committee (BRAC) grant. The final project expenditures are as follows: Expenses Construction Contract Amount $6,189,244.00 Change Order Nos. 1 to 22 716,587.31 Total Contract Amount $6,905,831.31 RECOMMENDATION Council is being asked to formally accept the Boeing Access Road over BNRR Bridge Rehabilitation contract with PCL Construction, LLC in the amount of $6,905,831.31 as complete, and authorize the release of the payment and performance bond subject to standard claim and lien release procedures, and to consider this item at the December 9, 2019 Committee of the Whole and subsequent Consent Agenda at the Special Meeting immediately following that same night. Attachment: Notice of Completion, Contract #17-108 W1PW EnglPROJECTSW RW & RS Projects\Boeing Access Rd Bridge Rehab (99410408)115 project closeout DRAFF Info Memo for BAR Rehab Bridge closeout,12-03-19.docx 19 20 5K Original ❑ Revised # NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Date: DRAFT Contractor's UBI Number: 601332812 Name & Mailing Address of Public Agency Department Use Only City of Tukwila Assigned to: 6200 Southcenter Boulevard Tukwila, WA 98188 Date Assigned: UBI Number:179000208 Notice is hereby given relative to the completion of contract or project described below Project Name Contract Number F17-108 Job Order Contracting VNo Boeing Access Road Bridge Rehabiltation 99410408 ❑ Yes Description of Work Done/Include Jobsite Address(es) Boeing Access Road Bridge Rehabilitation. Site location between 1-5 and E Marginal Way over the BNSF railroad tracks. Seismic retrofit, deck surfacing, concrete sidewalk addition, steel work, painting, grouting, retaining wall, and earthwork. Federally funded transportation project? L1LI Yes ❑ No (if yes, provide Contract Bond Statement below) Contractor's Name E-mail Address Affidavit ID* PCL construction Svc Inc. iSeattleAccounting@pci.COM 864804 Contractor Address Telephone # 3650 131STAVE SE, STE 650, BELLEVUE, WA, 98006 425-454-8020 If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. ❑ Retainage Bond ❑ Contract/Payment bond (valid for federally funded transportation projects) Name: I Bond Number: Date Contract Awarded Date Work Commenced Date Work Completed Date Work Accepted 6/5/2017 10/30/2017 5/6/19 07/18/2019 Were Subcontracters used on this project? If so, please complete Addendum A. Yes ❑ No Affidavit ID* - No L&I release will be granted until all affidavits are listed. Contract Amount Additions ( + ) Reductions (- ) Sub -Total Sales Tax Rate 0 (If various rates apply, please send a breakdown) Sales Tax Amount Comments: No Sales tax, Rule 171. $ 6,189,244.00 $ 716,587.31 $ 6,905,831.31 TOTAL $ 6_ 05.8� 31 31 1VU1L: Ihese two totals must be Liquidated Damages $ Amount Disbursed $ 6,905,831.31 Amount Retained $ TOTAL $ 6,905,831.31 Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. Contact Name: Han Kirkland Email Address: Han.Kirkland@tukwilawa.gov Department of Revenue ^ Washington Stine ngwtment of Public Works Section u Labor & Industries (360) 704-5650 Contract Release PWC@dor.wa.gov (855) 545-8163, option # 4 ContractRelease@LNI. WA.GOV REV 31 0020e (10/26/15) F215-038-000 10-2014 Title: Public Works Analyst Phone Number: 206.431.2445 Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360)902-9450 publicworks@esd.wa.gov 21 Addendum A: Please List all Subcontractors and Sub -tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be eranted until all affidavits are listed. Subcontractor's Name: UBI Number: (Required) Affidavit ID* AAA Contractors Inc 602884326 825354 APPLY -A -LINE LLC 600553941 874639 BELARDE CONSTRUCTION 601114553 864072 BRAVO ENVIRONMENTAL NW INC 602946216 853211 Brundage Bone Concrete Pumping, Inc. 600630026 865895 C & P FENCING 603210811 802663 CONCO CEMENT COMPANY 601716374 865004 DIRT & AGGREGATE INTERCHNG INC 600365996 843058 DONALD B MURPHY CONTRS INC 278049134 774711 EVERGREEN CONCRETE CUTTING INC 601605667 815655 GLACIER NORTHWEST INC DBA CalPortland 601301145 HAMILTON CONST CO 409019076 859053 HAYWARD BAKER INC 601039452 818879 HOLOCENE DRILLING INC 601709741 824492 ICON MATERIALS 601006854 859017 Informed Land Survey LLC 602487061 852137 JOHN WAYNE CONSTRUCTION CO 601111682 854476 P R SYSTEMS INC 601303110 862877 PERFORMANCE ABATEMENT SRVC INC 601018806 797836 PIONEER WATERPROOFING CO INC 601417894 827719 PURCELL PAINTING & COATINGS 602440422 859927 RAINIER WELDING INC 600401555 836966 REBAR INTERNATIONAL INC 600481702 852879 SEATTLE SWEEPING INC 602025596 STORIE BARRIERS CORP 603587412 852149 Sundancer Electric Inc 603190024 845116 SUPERIOR EARTHWORKS LLC 603201394 863386 For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15) F215-038-000 10-2014 22 Citv Council Transportation & Infrastructure Committee TRANSPORTATION & INFRASTRUCTURE COMMITTEE Meeting Minutes December 3, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Zak Idan, Chair; Thomas McLeod Staff: David Cline, Henry Hash, Hari Ponnekanti, Adam Cox, Laurel Humphrey CALL TO ORDER: Committee Chair Idan called the meeting to order at 5:30 p.m. I. BUSINESSAGENDA A. Project Closeout: Boeing Access Road over BNRR Bridge Rehabilitation Staff is seeking Council approval of contract completion and release or retainage with PCL Construction, LLC in the amount of $6,905,831.31 for the Boeing Access Road over BNRR Bridge Rehabilitation Project. This project constructed a seismic retrofit and was completed significantly under budget. UNANIMOUS APPROVAL. FORWARD TO DECEMBER 9, 2019 COMMITTEE OF THE WHOLE. B. 2019 Committee Work Plan Committee members and staff reviewed the 2019 work plan and reflected on the activities of the year. DISCUSSION ONLY. II. MISCELLANEOUS Staff informed the Committee that the grant application for federal funding of the 42" d Avenue South Bridge replacement was unsuccessful. Chair Idan will report out to the Council at the December 9, 2019 meeting, where questions will be surfaced regarding next steps in 2020. The Transportation Committee Meeting adjourned at 5:56 p.m. Committee Chair Approval Minutes by LH 23 24 COUNCIL AGENDA SYNOPSIS ----------------------------------I niJialf Meelin Date Pre ared by Mayor's review Council review 12/09/19 JCW C 04 ITEM INFORMATION ITEM NO. 4D.1 & Spec 2E.1 STAFF SPONSOR: JAY WITTWER / BEN HAYMAN ORIGIN,II. AGENDA D.\1'E: 12/09/19 AGENDA I 'ENtTrn,i; Approval for Lam Seafood City Fire Works display on Dec 30, 2019. Fire Marshal to approve fire works display. CATEGORY E Dismi-lion Mtg Date 12/09/19 ® Motion R4tg Date 12109119 ❑ Resolution Altg Date ❑ Ordinance A1tg Date ❑ Bid Award Mtg Date ❑ Public Hearing A1tg Date ❑ Other ditg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD []Finance EFire ❑TS ❑1'&R ❑Police ❑PIVI ❑Court SPONSOIt'S Lam's Seafood City has requested to conduct a fire works display at their Sounth Center SUMMARY location. The Fire Marshal requests approval from City Council for this event. The Fire Marshal shall review all documents and permits. Final approval will be granted by the Fire Marshal before the event takes place. Requesting a Motion to approve, forward to 12/9 COW and Special Meeting following. RE\'ll.;WED BY ❑ C.O.W. Mtg. ❑ CDN Comm E Finance Comm. ❑ Public Safety- Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 11/09/19 COMMITTEE CITAIR: MCLEOD RECOMMENDATIONS: SPONSOR/ADMIN. FIRE Department CONIMrrrLE Unanimous Approval; Forward to Committee of the Whole & Special Mtg COST IMPACT / FUND SOURCE Exi)i?NDi,rulU71 REQU11ZED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: NONE Comments: Seeking approval for fire works display MTG. DATE RECORD OF COUNCIL ACTION 12/09/19 MTG. DATE ATTACHMENTS 12/09/19 Informational Memorandum with attachments 25 26 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Ben Hayman, Fire Marshal BY: Ben Hayman, Fire Marshal CC: Mayor Ekberg DATE: December 4, 2019 SUBJECT: Fire Marshal authorization to approve Lam's Seafood fireworks application ISSUE Requesting Council to authorize the Fire Marshal to approve the Lam's Seafood fireworks application when they submit all the required documentation. BACKGROUND Lam's Seafood Asian Market is holding a grand opening celebration on January 3, 2020. They recently submitted Special Event permit for the grand opening. Lam's Seafood would like to set off fireworks at the beginning of the event. The use of fireworks will require Lam's Seafood to submit a separate application for Fireworks review and approval. City of Tukwila Ordinance 1787 requires the Fire Marshal to review fireworks applications for compliance with the law and report the findings to City Council. Pursuant to TMC 8.12.020(3)(d), the City Council must review permits for the public display of fireworks and then grant, deny, or grant with conditions such permit. In this instance, the permit applicant has not been able to gather all permit -required information in time for Council's review. It is anticipated that the permit applicant will be able to provide all necessary information for Fire Marshal to review, before the event is scheduled to take place. DISCUSSION If City Council supports this streamlined approach for this Fireworks approval process, the Fire Marshal would like to submit an update to Ordinance 1787 at a future date. The proposed update would streamline the approval process where the City Council delegates the authority to approve fireworks permits to the Fire Marshal, if all permit requirements are met. These requirements include compliance with state statutes and local ordinances. RECOMMENDATION The Fire Marshal seeks the City Council's approval of the fireworks permit, subject to the Fire Marshal's subsequent determination that all permit requirements, including compliance with state statutes and local ordinances, have been met and seeks delegation of the authority to approve the fireworks permit to the Fire Marshal, if all permit requirements are met. If permit requirements are not met, the fireworks permit 27 INFORMATIONAL MEMO Page 2 would be denied. The Special Event permit can still be approved, but without the use of fireworks. ATTACHMENTS Lam's Seafood Special Event Application Tukwila Municipal Code 8.12-Fireworks City of Tukwila Ordinance 1787-Fireworks City of Tukwila Temporary Special Event Permit Application You May Email Application To: TernpSpecialEvents@TukwilaWA.gov ;I Or You May Deliver Application to: City of Tukwila, Fire Marshal Office, 6300 Southcenter Blvd, Ste 209, PH# 206-575-4407 No Fee for Event Application. A permit fee may apply depending on event. Please allow 10 -15 business days for issuance of permit. ASSIGNED PERMIT # Event Contact Information Name of Organization Sponsoring Event:LAM'S S'VARW i) I-M MhQKE7 Date of Application: /0/ '�/Ou.j J City of Tukwila Business License: We will arda-le- weie I. �- UBI# camstulh0 d Event Contact Name:.71 M yL �J Phone # � ( g 5 � 4 � '% j Email Address: co?4 , I2rj'c y 11 Gt � Mailing Address:.11M S . k, N C-T 54' Sealtl e 9 8 ,/4'q Event Back Up Contact Name: 'T LEI rFQS� j Phone #'�o6 gtj 3 �Mj� Email Address: f21 � me csal Gj lao? ,cecod . .• of Event -Ex: SidewalkiParking lot sale, Live Musical Performance, carnival, Block Party, organized walk, run. bike ride. etc. Type of Event: 6 -anel 0A1'f't -n SCALED SITE PLAN OF EVENT IS REQUIRED BROCHURESATTACH • OR .VERTISEMENT / ANNOUNCEMENT OF Dates of Event; Hqurs of operation: Number of Event Volunteers:, ►tuuf 0�. �� p 12-4 d,1r�s Address /location of event: �_.3 tq 1) l� I >? r & u'e tfe c! 1 I�l kIx/l �vl WA- L3 g i g Y Will the event be held at any time during non -day light hours: No Private Security provided: 0 u�tcf00 (— g17 F1/ Will the event be held indoors or outdoors: In Parkin lot: � On Sidewalk: Streets, Trails and Parking -Attach Trail route, Parking Plan and location maps, written narrative of traffic Will streets need to be closed: xj ,-the G I I Ve 1X uj Will any portion of a City trail need to be closed: What trail? If Yes, what streets and for how long: o2(I When and how long: Trail route/site plan required Parking: On street: El Off street: FYI If yes, what streets will be used: How will parking be directed / controlled: VVt= �Yl1 iY 1 L Ct �I w 1M (f Ce f C" -to Ile r SoundLive Music o ified . V V.- for Complete Information TMC Noise Code; allowable times 7am -10pm Monday through Friday 8am -10pm Saturday and Sunday Use of PA System? )Iil Q l,(L✓ — mar► - r��yi nt: f. If DJ; Name of DJ: (V� (� If live music event! performance - Name of performer! group:a ✓ -rc I ktt►r�r GI GI Slarl Time. 0 .'%0 CA tM Stop Time- 29 City of Tukwila Temporary Special Event Permit Application - page 2 SCALED SITE PLAN REQUIRED TO SHOW LAYOUT OF EVENT ASSIGNED PERMIT # Restroom I Washing Facilities and GarbageDisposal Permanent Restroo i Hand Washing Available: YESNv Portable Restroom: YESUNOR Station: YES N0[] Garbage Receptacles: YESR NOE] Qnty: Garbage Collection and Disposal Plan: PropaneElectrical I scaled site plan Using liquid propane gas / open flame: YES NO[�r For cooking: For heating: Portable generators used: YES❑NO�`fype: Cord & Plug Hardwire Electrical Service for / at the event, includin use of power / extension cords: YEsEl NOn/ Temporary. . • included on scaled site plan / Tents: YES© NO Qnty: Dimensions, including height. to r X%f f t1 Trailers / Cargo Containers: YES nNO[�;r Only: Dimensions, including height: ,} ! Temporary Stages: YES NO[—Only- /_ Dimensions, including height: (� (y;' Scaffolding: YES❑ NOE�/ ®/ Temporary Water Meter needed: YES NOSelling I Serving I Alcohol - ... Selling / Serving Alcohol: YES NO E�( WA State Liquor Lie. # Selling / Serving Food: YES n NO u King County Food Permit # RCW 69.50.445(1) STATES THAT IT IS UNLAWFUL TO OPEN A PACKAGE CONTAINING, OR CONSUME, MARIJUANA, MARIJUANA - INFUSED PRODUCTS OR MARIJUANA CONCENTRATES IN VIEW OF THE GENERAL PUBLIC OR IN A PUBLIC PLACE Event Entertainment Motorized Carnival Inflatable vehicles: YES NO� Rides: YES NO Bouncers: YES NO Floats: YES NO Fireworks: Y S NO Animals: YES NO Types Booths/ Vendors: YES NO L' temporarySignage — criteria for . be followed — max 2 signs, up to 64sqft total, shown on site plan Temporary Signs / I I Wind Animated Searchlights: YES❑NO© Banners: YES U NO F� Qnty: Dimensions: L IK Objects: YES NO II CHECKLIST I Completed Application Scaled Site Plan Event Flyers / Brochures Insurance — If Required The applicant may be required to procure and maintain proof of minimum insurance f full business day prior to the event and for the duration of the event naming the City of Tukwila as Primary and Non-contributory Additional insured. Applicant also agrees to defend, indemnify and hold the City, its officers, officials, employees, representative and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with activities or operations performed by the Applicant or on Applicant's behalf out of issuance of this Permit, except for injuries and damages caused by the sole negligence of the City. Signature certifies accepts ce of terms and information provided is accurate: i Signature Dale � 30 0 W K PIZL< :jili(11C? O4 � Carter's lerfflvd Minkler BI d • Nordstrom Rack Southcenter Square v _ 24r tviuul:ler Bouldlard Minkler Blvd L�;r► Red Robin Gourmet Burgers and Brews We are here Parking lol Back Side n ty City 4 QBest Buy Geek Squad Q Pier 1 Q QMichaels "Y Wingstop Halloween City 4 � 4 Discount Direct Furniture Minkler Blvd QCustoMascot !off li lob fob ('A Feather Flags 11 Balloon Columns r o Grand Opening Banner c Pennant Flags N Sign Spinner 1 T Blink Charging Sta Ap Minkler Blvd !ipland Dr Y a v ° a 32 @Lam's Seafood Asian Market 1221 5 King Street Seattle, WA 98144 Phone: 206.957.7006 Email: info@Lamseafood.com 12/2/2019 To: The Honorable City Council Members City of Tukwila Fr: Lam's Seafood Asian Market 243 Minkler Blvd, Tukwila 98188 Dear Council Members: My name is Anh Nguyen, Marketing Coordinator of Lam's Seafood Asian Market. I am writing this letter to ask for your permission for our market grand opening event. I have attached the Special Event Permit Application, included some drawings, photos, map for your reference. As you can see in the application form. We will have some activities during grand opening such as Lion & Dragon Dance, Ribbon Cutting, Music and especially Ceremonial Firecrackers. We would like to set off the Ceremonial Firecrackers during the event. It will happen in 10-15 minutes while the Lion & Dragon Dancing show. We had been used Ceremonial Firecrackers in the past year at our Seattle store. Currently, we are still in process to finding a licensed pyrotechnics technician to oversee the use of the firecrackers. We will not use the firecracker until we get your permission and have a licensed pyrotechnics technician. Hopefully, you will allow us to set off the Ceremonial Firecrackers. And will allow us to have the grand opening show. Thank you very much for your time Honorable Council Members. I look forward to hearing from you. Respectfully An ANguyen Marketing Coordinator, Lam's Seafood Asian Market 33 TUKWILA MUNICIPAL CODE CHAPTER 8.12 FIREWORKS Sections: 8.12.010 Sale of Fireworks Prohibited 8.12.020 Ban on Fireworks Discharge 8.12.030 Fireworks Discharge, Enforcement Authority 8.12.040 Fireworks Discharge, Penalties 8.12.010 Sale of Fireworks Prohibited No person, firm or corporation shall manufacture, sell, or store fireworks in the City of Tukwila, except that a person granted a permit for a public display of fireworks shall be allowed to buy, possess and store fireworks according to the permit granted. (Ord. 1786 §1, 1996) 8.12.020 Ban on Fireworks Discharge No person or persons shall ignite, explode or discharge any fireworks or firecrackers within the city limits of Tukwila, except as provided below: 1. Use by a group or individual for religious or other specific purposes on an approved date an approved location pursuant to a permit issued pursuant to RCW 70.77.311. 2. Use of trick and novelty devices as defined in WAC 212.17.030, and use of agricultural and wildlife fireworks as defined in WAC 212.17.045. 3. Public Display of Fireworks a. "Public displays of fireworks" are defined as an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks. b. Public displays of fireworks shall be allowed pursuant to the definitions and permit provisions found in RCW 70.77.255, 70.77.260 (2), 70.77.280 through 70.77.295, and City requirements in TMC 8.12.020-3.c, 3.d & 3.e below. c. Applications for public display of fireworks shall be made in writing at least 14 days before the proposed display. The Fire Marshal shall investigate the safety, supervision, responsibility and preparation for the display, and shall report to the City Council those findings. d. The City Council shall review all permit applications for a public display of fireworks, and shall have the power, based upon the finding of their investigation, to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as they shall prescribe. Said decision to grant, deny, or grant subject to conditions shall be in writing with findings and conclusions provided therein in support of the City Council's decision. e. The fee for a public display shall be $100. f. Permits granted shall be in effect for the specified single event, date and time specified in the permit. Such permit shall not be transferable. g. Any applicant who feels he/she has been denied a permit for reasons other than those set forth in this section, is entitled to appeal the written decision in accordance with procedures set forth in TMC 8.45.060 relating to appeals from notice and orders. (Ord. 1787§1, 1996) 8.12.030 Fireworks Discharge, Enforcement Authority The Chief of Police and Fire Marshal are both directed to administer and enforce the provisions of this chapter. Upon request by the Chief of Police or the Fire Marshal, all other City departments and divisions are authorized to assist them in enforcing this Chapter (Ord. 1787 §2, 1996) 8.12.040 Fireworks Discharge, Penalties Any person who violates any portion of this ordinance shall be subject to having their fireworks confiscated as provided for in RCW 70.77.435, and shall be guilty of a civil violation and penalty as provided in TMC Chapter 8.45. (Ord. 1787 §3, 1996) 34Page 8-12 Produced by the City of Tukwila, City Clerk's Office �J�NIILA; ... ysS O'• �2 Q, O �`'• ; 2A 1906 City of Tukwila Washington Ordinance No. 1787 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, BANNING THE DISCHARGE OF FIREWORKS WITHIN THE CORPORATE LIMITS OF THE CITY OF TUKWILA; ESTABLISHING EN- FORCEMENT AUTHORITY, ESTABLISHING PENALTIES FOR VIOLATION; REPEALING ORDINANCE NO. 1708; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the Tukwila City Council wishes to represent the majority opinion of its citi- zens on the issues of the discharge of fireworks in the City, and WHEREAS, in a February, 1996 survey in the Hazelnut, the survey showed 151 votes to ban fireworks, 25 votes opposing a ban, and 125 votes for keeping the then -current restriction of allowing the discharge of fireworks only on July 4th, and WHEREAS, the City Council found public opinion too closely divided between those wanting and those not wanting a ban on fireworks to warrant a change in the ordinance without further information, and WHEREAS, the Council authorized an advisory vote on the November 5,1996 ballot, ask- ing whether citizens supported or opposed a ban on the sale and discharge of fireworks, and the vote tally was 2,432 voters supporting a ban and 2,212 opposing a ban, leaving a margin of 52.3% pro -ban to 47.6% anti -ban; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHING - TON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ban on Fireworks Discharge. No person or persons shall ignite, explode or dis- charge any fireworks or firecrackers within the city limits of Tukwila, except as provided below: A. Exceptions. 1. Use by a group or individual for religious or other specific purposes on an approved date an approved location pursuant to a permit issued pursuant to RCW 70.77.311. 2. Use of trick and novelty devices as defined in WAC 212.17.030, and use of agricultural and wildlife fireworks as defined in WAC 212.17.045. 3. Public Display of Fireworks a. "Public displays of fireworks" are defined as an entertainment feature where the public is admitted or permitted to view the display or discharge of fireworks. b. Public displays of fireworks shall be allowed pursuant to the defini- tions and permit provisions found in RCW 70.77.255, 70.77.260 (2), 70.77.280 through 70.77.295, and City requirements in subsections (C), (D), and (E) be- low. C. Applications for public display of fireworks shall be made in writing at least fourteen (14) days before the proposed display. The Fire Marshal shall investigate the safety, supervision, responsibility and preparation for the display, and shall report to the City Council those findings. 35 d. The City Council shall review all permit applications for a public dis- play of fireworks, and shall have the power, based upon the finding of their investigation, to grant or deny any application for a permit, or to subject the same to such reasonable conditions, if any, as they shall prescribe. Said deci- sion to grant, deny, or grant subject to conditions shall be in writing with findings and conclusions provided therein in support of the City Council's decision. The fee for a public display shall be $100. f. Permits granted shall be in effect for the specified single event, date and time specified in the permit. Such permit shall not be transferable. g. Any applicant who feels he/she has been denied a permit for reasons other than those set forth in this section, is entitled to appeal the written de- cision in accordance with procedures set forth in T.M.C. 8.45.060 relating to appeals from notice and orders. Section 2. Enforcement Authority. The Chief of Police and Fire Marshal are both directed to administer and enforce the provisions of this chapter. Upon request by the Chief of Police or the Fire Marshal, all other City departments and divisions are authorized to assist them in enforc- ing this Chapter. Section 3. Penalties. Any person who violates any portion of this ordinance shall be sub- ject to having their fireworks confiscated as provided for in RCW 70.77.435, and shall be guilty of a civil violation and penalty as provided in TMC 8.45. Section 4. Repealer. Ordinance 1708 is hereby repealed. Section 5. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 6. 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 five (5) days after passage and publication as provided by law. PASSED BY THE CITY COCIL OF THE C,�TY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 9 day of ,{(�Cer1996. Joi W. Rants, Mayor ATTEST/AUTHENTICATED: E. Cantu, City Clerk APPROVED AS TO FORM: Office of the City A rney FILED WITH THE CITY CLERK: /1- S =y 4 PASSED BY THE CITY COUNCIL: /,y _ q_ y 6 t; Sp• PUBLISHED: EFFECTIVE DATE: lo? ORDINANCE NO.: / 7S7 36 CITY OF TUKWILA SUMMARY OF ORDINANCE NO. 178 % AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, BANNING THE DISCHARGE OF FIREWORKS WITHIN THE CORPORATE LIMITS OF THE CITY OF TUKWILA; ESTABLISHING ENFORCEMENT AUTHORITY, ESTABLISHING PENALTIES FOR VIOLATION; REPEALING ORDINANCE NO. 1708; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. On 1-�- / 9 / 96 , the City Council of the City of Tukwila passed Ordinance No. 178 7— banning the discharge of fireworks in the City, except for those who fulfill the requirements for a public display of fireworks; providing for severability and establishing an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of �2�nc%J 9. E. Cantu, City Clerk Published Seattle Times: /-2 /,3—`1� 37 w COUNCIL AGENDA SYNOPSIS ----------------------------------lrritialr--------------------------------- I ITEM NO. I'Veefilig Date Prepared by Ma or's review Council revieiv 12/09/19 7CW ITEM INFORMATION Spec 2E.2 STAF SPONSOR: JAY WITTWER / BEN HAYMAN ORIGIN,�LA(', ND_v DA1'15: 12/09/19 AGENDA ITEI\t TITLF Approval to for the Seawolves organization to conduct Fire Works type displays for the 2020 Season. CATEGORY ® Discuision Mtg Dnte 12/09/19 ® Motion Mtg Date 12/09/19 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award A tg Date ❑ Public Hearing Mtg Date ❑ Other Alt g Dale SPONSOR ❑Council ❑Mayor ❑PIR ❑DCD ❑Finance ®Fire ❑TS ❑P&R ❑Police ❑PIYI ❑Court SPONSOR',S As with the 2019 season, the Seawolves are seeking to start their home games with Fire SUMMARY Works Type displays. The Fire Department is seeking City Council approval of the Seawolves 2020 Fireworks permit that was submited by Pyro Fire FX. This approval is for the entire 2020 season to be held at the Starfire Sports Center. The Fire Marshal will grant final approval of permits, if approved by City Council. A Motion to move this forward to the COW on 12/09/19 and then onto the Special meeting REVIEWED BY ® C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/09/19 COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONSOR/ADNIIN. FIRE Department CONINIrf'rl?I? Unanimous approval; Forward to Committee of the Whole & Special COST IMPACT / FUND SOURCE EYPENDITURI: R-FIQUIRVI) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: NONE Comments: Seeking approval for fire works permit MTG. DATE RECORD OF COUNCIL ACTION 12/09/19 MTG. DATE ATTACHMENTS 12/09/19 Informational Memorandum w/ attachment 39 m City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Chief Wittwer BY: Ben Hayman, Fire Marshal CC: Mayor Ekberg DATE: December 4, 2019 SUBJECT: Fireworks Permit Approval for the Seattle Seawolves 2020 Season ISSUE The Seattle Seawolves Rugby Team would like to have pyrotechnics used at their home games. BACKGROUND Pyro and Fire FX, LLC on behalf of the Seattle Seawolves Rugby Team has requested approval for their fireworks permit for the Seawolves 2020 season home games, pursuant to RCW 70.77 and TMC 8.12.020. Pyro and Fire FX will be using the devices similar to the Seawolves 2019 season. DISCUSSION The Seattle Seawolves Rugby Team would like to use fireworks during the opening ceremonies. Starfire Sports is supportive of the use of fireworks and has provided written documentation for this support. Staff has reviewed the submitted documents and supports the request. These fireworks are similar to those used during Sounders and Seahawks games. Please note that the pyrotechnic display for the Seawolves games do not have the size and complexity that are used during past July 4ch events at Fort Dent. FINANCIAL IMPACT None RECOMMENDATION Staff recommends that the application be approved at the December 9, 2019, Finance Committee meeting and then forwarded to C.O.W. that same day. ATTACHMENTS Washington State Public Fireworks Display Permit Packet 41 42 THIS FORM IS INTENDED TO BE USED AS A GENERIC PUBLIC DISPLAY PERMIT FOR THE AUTHORITY HAVING JURISDICTION AND PYROTECHNIC OPERATORS WITHIN THE STATE OF WASHINGTON WASHINGTON STATE PUBLIC FIREWORKS DISPLAY PERMIT - JL.i_ Name of Event Street Address City T Lk-k-)-, �pS County —1 Y'V c Event Date Ci,n - (1'1G,�IcxEvent Time -J�lj ❑ AM PM Applicant'siSponsor's Name ��C Phone No. � j's- 30-7 - �' L) Pyrotechnic Operator,y;��mL t I�� License No, P" Experienced Assistant's Name ,e5se- Cc General Display Company Name ft�, -'l, Qe �_ phone No. Attach a separate piece of paper and/or copies of the following documents: • The number of set pieces, shells (specify single or multiple break), and other items. • The manner and place of storage of such fireworks prior to the display. • A diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of all buildings, highways, and other lines of communication; the lines behind which the audience will be restrained; and the location of all nearby trees, telegraph or telephone lines, or other overhead obstruction. • Documentary proof of procurement of Surety bond or public liability insurance. Local Fire Code`:Authority Authority Having Jurisdiction Name of Permitting Official Title Phone No. Permit Granted: ❑ Yes ❑ Yes, with Restrictions (see "Notations" below) ❑ No Restrictions/Notations Signature of Permitting Official Date of Approval Permit Number If approved, this permit is granted for the date and time noted herein under the authority of the International Fire Code in accordance with Revised Code of Washington 70,77 and all applicable rules and ordinances pertaining to fireworis in tP;,s jurisdiction. This permit is INVALID unless in the possession of a properly licensed Pyrotechnic Operator, who is responsible for any and all activities associated with the firing of this show. MUST BE APPROVED BY THE AUTHORITY HAVING JURISDICTION 3000AX-050 (R 3113) 43 2020 Seawoives Schedule January 16t" at 7pm 26"' at 7prn February 22" at 6pm 29"' at 6pm March 7"' at 6pm 21" at 6prn 29"' at 5pm April 12"' at 5pm May 17"' at 5pm 31' at 5pm r�iy ' SM1asiSirn:{tOn State Patrc:i rtre F-oiecn,r, J? Lrf Offi::..• or the :irate -ire ftlars`,Jal ..,. '>" ;•r General Display Fireworks License �r,< ,iu,•t M'Y Licons©e Daf= U�erairoua! L%aw_ PVT(,, $ Fife 17,1 ::;cati; tiger• etc;:ara'�Ist>_n ":J:Ir-:1`lutnti�.- ;iG7-^I Iz i:,iG Harbor Lics3nse Nurnt (,-;'4262 irt�!e of lssue .iaa��•an j, 1', �•_ti �. .��"7> iNashrngl.on Statrr Patrc: r-rre Protecrinlj Bari earl (Jfirce of fhe State Fire Mar, General Display Fireworks License tscehsee data nt3earaiiorral :JBta } >st nu e::xJx I -. .. L.icen8e Number. nu In 4:i11; i r Washington State Patrol Fire Protection Bureau Office of the State Fire Marshal 1114 Pyrotechnic Operator License Licensee Data David Sommerville Phone Number: (623) 377-1863 1506 N Defiance #R101 Email Address: dinkorea@me.com Tacoma, WA 98406 Date of Issue: January 30. 2019 License Number: P-04466 Date of Expiration: January 31. 2020 Brae Pore mtarshai ------ L.cense� g, g!lafu:e .. ... .. ..,,.wi-per• LLSJr },ku,nl ::e,rrr Washington State Patrol Fire Protection Bureau Office of the State Fire Marshal Pyrotechnic Operator License Licensee Data David Sommerville Phone Number: (623) 377-1863 1506 N Defiance #R101 Email Address: dinkorea@me.com Tacoma, WA 98406 Date of Issue: January 30, 2019 License Number: P-04466 Date of Expiration: January 31, 2020 state Fire r.4ersi,al ---- — __ licenser S�gnanJre Grruwa pc:;;Iny E:n:,R,y:.r Fnrr!on 45 �a 47 • it � � =. Fir '.� ,(.: ?'b`�,y i '•�` "caq, t�peak�'!�`�,+'�'� �� }� ,:�#� "ADZ � ,�+ "�•�+�`.� ;�..'�± .a y,. sa -w +� �,7t�fM Y r ii. °° a^ � Arm-?L�',. 'k5 �. .. ., � . ��i K'��4�r'a71r ,s� COUNCIL AGENDA SYNOPSIS ----------------------------------Initials Meetiwt Date Prepared by Mayor's review- C .rncil review 12/09/19 ph C- ITEM INFORMATION ITEM NO. 4.E. & Spec 21. S'rAFFSPONSOR: BRUCE LINTON 0It1(ANALAcFNDADATE: 12/9/19 AGENDA I ri Ti,n,i Boeing Access Rd/Airport Way S. Homeless Encampment CA'1'I,GORY ® Discussion NR Dale 12/9/19 ® Motion Mtg Date 12/9/19 ❑ Resolution Mtg Dote ❑ Ordinance tiftg Date ❑ Bid Award 14'Itg Date ❑ Public Hearing R1tg Date ❑ Other R4tg Date SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ®Police ❑PIV El Court SI'ONSOIz's The Tukwila Community Police Team discovered a large homeless encampment dubbed SUMMARY "Hilltop", which sits directly south of S. Boeing Access Rd and in the loop that is created by Airport Way S. The Council is being asked to approve a cost estimated up to $60,000 to effectively enforced our SOP (offer services while implementing the standard 72-hour notice to vacate), clean up the encampment, emplace "No Trespass" signs and regularly monitor the area. REVIEWFID BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/9/19 COMMITTEE CFIAIR: MCLEOD RECOMMENDATIONS: SI'ONSOIt/AD�IIN. Police Department C0N1:\1rrrEE Finance Committee COST IMPACT / FUND SOURCE EXPENDI'I•URE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $60,000 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/9/19 Forward to Special Meeting MTG. DATE ATTACHMENTS 12/9/19 Informational Memorandam dated 11/26/19 Hilltop homeless encampment map we 50 TO: FROM: CC: DATE: SUBJECT City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM Finance Committee Bruce Linton, Chief of Police Mayor Ekberg 11 /26/2019 Boeing Access Rd/Airport Way S. Homeless Encampment ISSUE Tukwila Community Police Team (CPT) Officers discovered a large homeless encampment dubbed "Hilltop", which is a small piece of land that sits directly south of S. Boeing Access Rd and in the loop that is created by Airport Way S. It is approximately 100-yard long and 25-yard wide, and sits on what is believed to be public right of way. BACKGROUND CPT Officers became aware of this encampment roughly two years ago. Since then, they have made numerous contacts with the occupants of the encampment. Initially, it was simply to do welfare checks and with the implementation of the standard operational procedure (SOP), it quickly turned in to outreach. At that time, there were only three occupants in the encampment: a couple and a single male. The area has always had garbage and debris but was not visible from the roadway. Efforts in the area included Catholic Community Services and Sound Mental Health case workers. Resources were provided but none were taken. We had one success with the female occupant. and she was reunited with her son in Louisiana. her drug addiction. Catholic Community Services provided support She has since returned due to her son enabling Currently, there is evidence of heavy drug use within the camp and there are numerous pieces of equipment (bicycles, lawn mowers, etc.) trash and human waste present. ANALYSIS CPT Officers believe that the Hilltop occupants are the same ones panhandling at 108th/East Marginal Way South and 112th/Tukwila International Boulevard, thus generating numerous citizen complaints via "See -Click -Fix". Over the last six months, the encampment has grown exponentially. Garbage and debris are now visible from the roadway. The area is well-known amongst the transient community and as such, is home for short periods of time to many who are passing through. In August of 2019, 1 was contacted by a Captain with KCSO. They wanted to bring the encampment to my attention. I informed them that we were aware of it and that we are working on trying to figure out who owned the parcel to try and find a solution. To date, there is no confirmed information as to who owns it. As far as we can tell, it is public right of way, thus no one jurisdiction has ownership. However, the land does sit in the City of Tukwila and as such we have a vested interest in it. 51 INFORMATIONAL MEMO Page 2 KCSO, WSDOT and SDOT have all stated this is not their area. This problem is beyond the scope of law enforcement as the homeless encampment presents a community health hazard as well as a community safety issues. The Tukwila Police response is listed at the recommendation; however, this issue will require a whole -of -government approach to effectively mitigate. FINANCIAL IMPACT The initial estimate for clean up provided by Tukwila Public Works have been estimated up to $60,000. There is significant accumulation of garbage, drug paraphernalia to include needles and other hazards, which will require a certain level of professional clean-up and bio-hazard expertise. In addition, access to the site is limited and will restrict access to machinery needed to expedite the clean-up effort. RECOMMENDATION Effectively enforced our SOP (offer services while implementing the standard 72-hour notice to vacate), clean up the encampment, emplace "No Trespass" signs and regularly monitor the area. ATTACHMENTS UAV Video of the "Hilltop" Homeless Encampment Overhead photos of "Hilltop" Encampment 52 S Boeing Access Rd / Airport Way S Homeless Encampment The encampment, dubbed "Hilltop", is a small piece of land that sits directly south of S Boeing Access Rd and in the loop that is created by Airport Way S. It is approximately 100yds long and 25 yds wide and sits what is believed to be Public Right of Way. • Tukwila iMap has no owner information for the parcel and as such has been interpreted by Code Enforcement as Public Right of Way. i 1 i1 ` il tip"A'Aw W�+y'ryra- -117 53 BEFORE CURRENT STATE 54 COUNCIL AGENDA SYNOPSIS ----------------------Iraitialr--------------------------------- I ITEM NO. Alleetin Date Pre ared by Mayor' review Cortncil review 12/09/19 MM ITEM INFORMATION Spec 2.G. S1"'A FSPONSOR: JOSEPH TODD ORIGIN.,AI,A(;I?NllA D.A'I'E: 12/09/19 AGF,,NDA I'FF'Ni Trrl,Ii Continuance of Microsoft Enterprise Agreement, City contract 16-171 CAITGOI(Y ❑ Discussion All Date ® Motion Mtg Date 1219119 ❑ Resolution Mtg Date ❑ Ordinance AlPg Date ❑ BidAmard Mtg Date ❑ Public Hearing Altg Date ❑ Other Aft g Date SPONSOR ❑Council ❑Mayor ❑.HR ❑DCD ❑Finance ❑.Fire ®TS ❑1'&R ❑Police DPW ❑Court SPONSOWS Continuance of the Microsft Enterprise Agreement SUMMARY RRVII.,Wim 1w ® C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/09/19 COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONSOR/AD;�I1N. Technology & Innovation Services COMM"I"'F, Unanimous approval; Forward to C.O.W. and Special Meeting to follow COST IMPACT / FUND SOURCE EkI'I:NDI"I'URI? RI?QUIRID AMOUNT BUDGETED APPROPRIATION REQUIRED $422,555 $422,555 $0 Fund Source: 000.12.518.880.41.00 Comments: Funds allocated in 201912020 budget, MTG. DATE RECORD OF COUNCIL ACTION 12/09/19 MTG. DATE ATTACHMENTS 12/09/19 Informational Memorandum dated 12/4/19 Quote for continuance of Microsoft Enterprise Agreement 55 56 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance Committee FROM: Joseph Todd, Director of Technology & Innovation Services BY: Mike Marcum, Supervisor of Technical Operations CC: Mayor Ekberg DATE: 12/4/19 SUBJECT: Microsoft Enterprise Agreement ISSUE TIS is seeking Council authorization for a continuance of Microsoft Enterprise Services, City contract #16-171, or Microsoft Agreement Number 01 E73965, Enterprise Number 78090401 BACKGROUND The Microsoft 365 suite of services is an integral part of City services and security. These services include all Office products, Email, SharePoint, One Drive, One Note, Skype, Teams, Yammer and more. DISCUSSION Quote # 3420463 is included for discussion. Quote shows numbers over a 3-year term, from 12/l /19-11 /30/22. FINANCIAL IMPACT Not to exceed $422,555 (w/taxes) over 3 years. This is a TIS budgeted expense, with a 10% variance, to account for the addition of unforeseen user licensing and service impacts. RECOMMENDATION The Council is being asked to approve a continuance to this Microsoft contract and consider the item at the December 9, 2019 Committee of the Whole meeting and subsequent Special Meeting, for approval. ATTACHMENTS City of Tukwila quote for Microsoft Enterprise Services 57 w EN POINTE ■OMMEN 7 E C H N U L Cl G I E S A PCM Company ' !� • - • Quote EP111819 Price each of the 3 years Annual Price Year over Year price 3 Yr. Ext. Price �—. Product SKU Qty Price - , Year 1 ! Year 2 - Year 3 Total 0365GovE3fromSA ShrdSvr ALNG SubsVL MVL PerUsr AAA-11924 330 $ 182.21 $ 60,129.30 $ 60,129.30 $ 60,129.30 $ 180,387.90 0365GCCE1 ShrdSvr ALNG SubsVL MVL PerUsr U4S-00002 100 $ 77.71 $ 7,771.00 $ 7,771.00 $ 7,771.00 $ 23,313.00 AudioConfGCC ShrdSvr ALNG SubsVL MVL PerUsr LK3-00001 70 $ 42.87 $ 3,000.90 $ 3,000.90 $ 3,000.90 $ 9,002.70 AzureMonetaryCommit ShrdSvr ALNG SubsVL MVL Commit 6QK-00001 1 $ 1,218.00 $ 1,218.00 $ 1,218.00 $ 1,218.00 $ 3,654.00 AzureMntryCmmtmntG ShrdSvr ALNG SubsVL MVL Commit Provisio J5U-00004 1 $ - $ - $ - $ - $ - WINENT ALNG SA MVL Pltfrm KV3-00353 330 $ 42.26 $ 13,945.80 $ 13,945.80 $ 13,945.80 $ 41,837.40 ECALBridge0365FromSA ALNG SubsVL MVL Pltfrm PerUsr AAA-12436 330 $ 33.25 $ 10,972.50 $ 10,972.50 $ 10,972.50 $ 32,917.50 SysCtrStdCore ALNG SA MVL 2Lic CoreLic 9EN-00198 8 $ 18.03 $ 144.24 $ 144.24 $ 144.24 $ 432.72 SQLSvrStdCore ALNG SA MVL 2Lic CoreLic 7NQ-00292 2 $ 587.69 $ 1,175.38 $ 1,175.38 $ 1,175.38 $ 3,526.14 SysCtrDatactrCore ALNG SA MVL 21-ic CoreLic 9EP-00208 16 $ 49.21 $ 787.36 $ 787.36 $ 787.36 $ 2,362.08 VisioOnlnP2GCC ShrdSvr ALNG SubsVL MVL PerUsr P3U-00001 9 $ 136.66 $ 1,229.94 $ 1,229.94 $ 1,229.94 $ 3,689.82 VDA ALNG SubsVL MVL Pltfrm PerDvc 4ZF-00033 10 $ 90.01 $ 900.10 $ 900.10 $ 900.10 $ 2,700.30 WinSvrDCCore ALNG SA MVL 2Lic CoreLic 9EA-00278 32 $ 126.18 $ 4,037.76 $ 4,037.76 $ 4,037.76 $ 12,113.28 WinSvrSTDCore ALNG SA MVL 21-ic CoreLic 9EM-00270 8 $ 18.03 $ 144.24 $ 144.24 $ 144.24 $ 432.72 0365XtraFileStrgGCC Next ShrdSvr ALNG SubsVL MVL PerUsr M9T-00002 5000 $ 2.19 $ 10,950.00 $ 10,950.00 $ 10,950.00 $ 32,850.00 0 $ $ $ $ $ $ 116,406.52 $ 116,406.52 $ 116,406.52 1 $ 349,219.56 Cal COUNCIL AGENDA SYNOPSIS Meetin Date Pre ared b Ma r r review Council review 12/09/19 CT ITEM INFORMATION ITEM NO. Spec 2.D. S AFF SPONSOR: DAVID CLINE ORIGIN;\I. AGI,:NDA DAT1-: 12/09/19 AGENDA ITEEm TrrLE Washington State Office of Public Defense 2020-2021 Grant Agreement CATFIGORY ❑ Discussion Aftg Date ❑ Motion g Date Mt ❑ Resolution Mtg Date ❑ Ordinance lltg Date ❑ BidAivard Mt Date ❑ Public Hearing Aft g Date ❑ Other Mtg Date SPONSOR ❑Council ®Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police ❑PW ❑Court SPONSOR'S The Council is being asked to authorize execution of the 2020-2021 Grant Agreement with SUMS\RY the Washington State Office of Public Defense REVIEWI?D BY ❑ C.O.W. Mtg. ❑ CDN Comm ® Finance Comm. ❑ Public Safety Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: 12/09/19 COMMITTEE CHAIR: SEAL RECOMMENDATIONS: SPONSOR/ADNIIN. Mayor's Office CoMMrI-rEE Unanimous Approval; Forward to Consent Agenda on 12/09/19 COST IMPACT / FUND SOURCE EXPENDITURE: REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/09/19 MTG. DATE ATTACHMENTS 12/09/19 Informational Memorandum from Cheryl Thompson dated 11/26/2019 WSOPD 2020-2021 Grant Agreement 61 62 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: FINANCE COMMITTEE CC: Mayor Ekberg David Cline, City Administrator FROM: Cheryl Thompson, Executive Assistant DATE: November 25, 2019 SUBJECT: Office of Public Defense 2020-2021 Grant Agreement ISSUE The Washington State Office of Public Defense (WSOPD) has awarded the City of Tukwila grant funds in the amount of $80,000 for the Public Defense Program: $40,000 for 2020 and $40,000 for 2021. Council needs to approve execution of the grant agreement since the award exceeds the $40,000 threshold. BACKGROUND The City of Tukwila has applied for and received grant awards from the Washington State Office of Public Defense since 2013. The grant awards for 2013 — 2017 were for one year and ranged from $22,000 - $25,600. Effective 2018 WSOPD transitioned to a two-year grant application and award process and the City received an award for $74,000: $37,000 each year for 2018 and 2019. Additionally, in early 2019 the Office of Public Defense issued an amended agreement awarding the City of Tukwila an additional $11,000 for 2019. DISCUSSION On November 22, 2019 the City received notification that WSOPD has awarded the City $80,000 in grant funds for 2020-2021: $40,000 for each year. WSOPD has stipulated that the grant funds be used for to provide investigator services, interpreter services and social work assistance to the Public Defense Program. The attached Grant Agreement must be signed and returned to WSOPD by December 30, 2019 to accept the award and receive the funds. The City agrees to utilize the grant funds as stipulated by WSOPD and to submit three written reports to WSOPD as outlined in the agreement. Past grant awards from WSOPD have allowed the City to translate our public defense forms into six different languages: Spanish, Somali, Russian, Vietnamese, Hindi and Khmer; to provide interpreter resources to public defense attorneys for attorney -client appointments; to contract with a private investigator for public defense cases; to contract with a social services case manager to assist public defense clients in obtaining social service; to purchase portable work stations to provide confidential meeting space for public defense attorneys to talk with their clients during court sessions and to reimburse public defense attorneys for training costs for participating in trainings approved by WSOPD. These grant funds will allow the City to continue providing these services in 2020-2021. RECOMMENDATION The Council is being asked to send this item to the consent agenda at the December 9, Special Meeting. ATTACHMENTS 2020-2021 Grant Agreement 63 m Grant Agreement No. GRT20029 FACE SHEET WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1. Grantee 2. Grantee Representative City of Tukwila Cheryl Thompson 6200 Southcenter Blvd Executive Assistant 6200 Southcenter Blvd Tukwila, WA 98188 Tukwila, WA 98188 3. Office of Public Defense (OPD) 4. OPD Representative 711 Capitol Way South, Suite 106 Katrin Johnson PO Box 40957 Managing Attorney Olympia, WA 98504-0957 Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504-0957 5. Grant Amount 6. Grant Period $80,000.00 January 1, 2020 through December 31, 2021 7. Grant Purpose The Chapter 10.101 RCW city grants are competitive grants for the purpose of improving the quality of public defense services in Washington municipalities. (See Chapter 10.101 RCW.) The Office of Public Defense (OPD) and Grantee, as defined above, acknowledge and accept the terms of this Grant Agreement and attachments and have executed this Grant Agreement on the date below to start January 1, 2020 and end December 31, 2021. The rights and obligations of both parties to this Grant are governed by this Grant Agreement and the following other documents incorporated by reference: Special Terms and Conditions of the City Grant Agreement, General Terms and Conditions of City Grant Agreement, and Exhibits A, B, and C. FOR THE GRANTEE FOR OPD Joanne I. Moore, Director Name, Title Date Date Grant Agreement GRT20029 Face Sheet Page 1 of 14 65 SPECIAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT 1. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Grant. a. The Representative for OPD and their contact information are identified on the Face Sheet of this Grant. b. The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant. 2. GRANT AWARD AMOUNT The Grantee is awarded eighty thousand and 00/100 Dollars ($80,000.00) to be used for the purpose(s) described in the USE OF GRANT FUNDS below. One-half of the award amount shall be disbursed to Grantee in January, 2020 for use during calendar year 2020. The remaining one-half shall be disbursed to Grantee in January, 2021 for use during calendar year 2021. 3. PROHIBITED USE OF GRANT FUNDS (as adopted in OPD Policy County/City Use of State Public Defense Funding) a. Grant funds cannot be used to supplant local funds that were being spent on public defense prior to the initial disbursement of state grant funds. b. Grant funds cannot be spent on purely administrative functions or billing costs. c. Grant funds cannot be used for cost allocation. d. Grants funds cannot be used for indigency screening costs. e. Grant funds cannot be used for city or court technology systems or administrative equipment. f. Grant funds cannot be used for city attorney time, including advice on public defense contracting. 4. USE OF GRANT FUNDS a. Grantee agrees to use the grant funds for the following: i. Social work services for the public defense team, ii. Interpreter services for attorney -client communications, iii. Increased public defense attorney compensation, iv. Public defense training, v. Investigation services, and vi. Expert witnesses. b. Grantee agrees to obtain OPD's written permission before funds are used for any purpose other than those listed in Section 4a above. c. Grantee agrees to use the first disbursement of funds in calendar year 2020, and the second disbursement of funds in calendar year 2021. If Grantee is unable to use the funds in the year for which the funds are disbursed, the Grantee agrees to notify OPD to determine what action needs to be taken. d. Grantee agrees to deposit the grant check within fourteen days of receipt. Grant Agreement GRT20029 Special Terms and Conditions Page 2 of 14 5. OVERSIGHT Grantee agrees to submit written reports to OPD. The first report shall be submitted to OPD no later than June 1, 2020 using the template found in Exhibit A. The second report shall be submitted to OPD no later than December 1, 2020 using the template found in Exhibit B. The third report shall be submitted to OPD no later than June 1, 2021 using the template found in Exhibit C. Where indicated, reports must be submitted along with the Grantee City's public defense attorneys' contracts, certifications of compliance, and other required documentation. b. Over the duration of the grant term, OPD may conduct site visits for purposes of addressing improvements to public defense and ensuring the use of grant funds for their specified purposes. At OPD's request, Grantee will assist in scheduling such site visits and inviting appropriate attendees such as, but not limited to: public defense attorneys, judicial officers, and city representatives. 6. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and state of Washington statutes, regulations, and court rules • Special Terms and Conditions Of the City Grant • General Terms and Conditions of the City Grant Grant Agreement GRT20029 Special Terms and Conditions Page 3 of 14 67 GENERAL TERMS AND CONDITIONS OF THE CITY GRANT AGREEMENT 1. ALL WRITINGS CONTAINED HEREIN This Grant contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist or to bind any of the parties hereto. 2. AMENDMENTS This Grant may be amended by mutual agreement of the parties. Such amendment shall not be binding unless it is in writing and signed by personnel authorized to bind each of the parties. 3. AMERCIANS WITH DISABILITIES ACT (ADA) OF 1990 PUBLIC LAW 101-336, also referred to as the "ADA" 29 CFR Part 35. The Grantee must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 4. ASSIGNMENT Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the Grantee without prior written consent of OPD. 5. ATTORNEY'S FEES Unless expressly permitted under another provision of the Grant, in the event of litigation or other action brought to enforce Grant terms, each party agrees to bear its own attorneys fees and costs. 6. CONFORMANCE If any provision of this Grant violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 7. ETHICS/CONFLICTS OF INTEREST In performing under this Grant, the Grantee shall assure compliance with the Ethics in Public Service, Chapter 42.52 RCW and any other applicable court rule or state or federal law related to ethics or conflicts of interest. 8. GOVERNING LAW AND VENUE This Grant shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 9. INDEMNIFICATION To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the state of Washington, OPD, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the performance or failure to perform the Grant. 10. LAWS The Grantee shall comply with all applicable laws, ordinances, codes, regulations, court rules, policies of local and state and federal governments, as now or hereafter amended. Grant Agreement GRT20029 General Terms and Conditions Page 4 of 14 11. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Grant, the Grantee shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded, canceled or terminated in whole or in part. 12. RECAPTURE In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws, and/or the provisions of the Grant, OPD reserves the right to recapture funds in an amount to compensate OPD for the noncompliance in addition to any other remedies available at law or in equity. 13. RECORDS MAINTENANCE The Grantee shall maintain all books, records, documents, data and other evidence relating to this Grant. Grantee shall retain such records for a period of six (6) years following the end of the grant period. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 14. RIGHT OF INSPECTION At no additional cost all records relating to the Grantee's performance under this Grant shall be subject at all reasonable times to inspection, review, and audit by OPD, the Office of the State Auditor, and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Grant. The Grantee shall provide access to its facilities for this purpose. 15. SEVERABILITY If any provision of this Grant or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Grant that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Grant and to this end the provisions of this Grant are declared to be severable. 16. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless stated to be such in writing. Grant Agreement GRT20029 General Terms and Conditions Page S of 14 e Exhibit A Washington State Office of Public Defense Public Defense Improvement Program City Grant Report #1 All City grant recipients are required to submit a completed copy of this report, along with corresponding documentation, to the Washington State Office of Public Defense by June 1, 2020. City: Date Completed: Contact Name: Title: Mailing Address: Phone: Email Address: 1.1 In 2019, the city paid indigent defense expenses as follows: City Funds Chapter 10.101 RCW State Other Funds Grant Funds Attorney salaries and benefits, contract and conflict attorney compensation $ $ $ Investigators, experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ Grant Agreement GRT20029 Exhibit A — Grant Report #1— Due June 1, 2020 Page 6 of 14 70 1.2 For 2020, the city has budgeted indigent defense expenses as follows: Chapter 10.101 RCW State City Funds Grant Funds Other Funds Attorney salaries and benefits, contract and conflict attorney compensation $ $ $ Investigators, experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ 1.3 What amount of the 2020 state grant funds has been spent so far? $ 2.1 In 2019, attorneys providing indigent defense representation had the following caseloads: Fill in section 2.1(a) if the city has a public defender agency or contracts with a county public defender agency or non-profit public defense firm. Fill in section 2.1(b) for list appointments or contracts with private attorneys. a. Cities using public defender agencies. Number of cases assigned to public defender agency (not including conflict counsel): Number of probation violations and other miscellaneous post sentencing hearings assigned: Number of full -time -equivalent public defenders: Average per -attorney caseload, if available: b. Cities using list appointments or contracts with private firms. Number of cases assigned to public defense attorneys: Number of probation violations and other miscellaneous post sentencing hearings assigned: Number of attorneys with public defense contracts or on court's appointment list: Grant Agreement GRT20029 Exhibit A — Grant Report #1— Due June 1, 2020 Page 7 of 14 71 3.1 Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions): 3.2 Description of How Grant Funds Have Been Used to Date: 3.3 Plans for Utilizing Remaining Funds by End of Calendar Year (If Applicable): 3.4 Description of Impact State Funds Have Had on Local Public Defense Services: 4.1 If the city has public defense contracts, fill out the Table of Public Defense Contracts (Table 1), and provide a copy of each current contract in alphabetical order by attorney name. If possible, please provide scanned copies of contracts, by CD or email attachment. Failure to provide current contracts could result in an incomplete report. 4.2 If the court appoints public defense attorneys from a list, provide the name of each attorney and the compensation paid per case or per hour in the Table of List -Appointed Public Defense Attorneys (Table ll). 4.3 If the City has adopted any new public defense policies, ordinances, or resolutions within the last year, please attach them to this report. 4.4 Provide copies of attorneys' 2020 second quarter Certificates of Compliance. Grant Agreement GRT20029 Exhibit A — Grant Report #1— Due June 1, 2020 Page 8of14 72 Table I: Public Defense Contracts and Subcontracts Currently in Effect (2020) Name of attorney/firm (if firm, please identify (1) the total number of attorney FTEs handling public defense cases, and (2) the name of each attorney handling public defense cases) Number of misdemeanor/ gross misdemeanor cases anticipated for the attorney/firm in 2020 Method and rate of payment (per case/per hour, etc.) Conflict cases only? Yes/No Grant Agreement GRT20029 Exhibit A — Grant Report #1— Due June 1, 2020 Page 9 of 14 73 Table II: List -Appointed Public Defense Attorneys (2020) Name of attorney/firm (If firm, please identify (1) the total number Method and rate of payment (per of attorney FTEs handling public defense Number of cases assigned cases, and (2) the name of each attorney case/per hour, etc.) handling public defense cases) Grant Agreement GRT20029 Exhibit A — Grant Report #1— Due June 1, 2020 Page 10 of 14 74 Exhibit B Washington State Office of Public Defense Public Defense Improvement Program City Grant Report #2 All city grant recipients are required to submit a completed copy of this report to the Washington State Office of Public Defense by December 1, 2020. Failure to timely submit this report could delay disbursement of 2021 grant funds. City: Report Date: Contact — Name/Title: Email: Phone: Address: 1. As of the date of this report, the city has paid indigent defense expenses as follows in 2020: City Funds Chapter 10.101 RCW Other Funds State Grant Funds Attorney salaries and benefits, contract and conflict attorney compensation $ $ $ Investigators, experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ Will all 2020 grant funds be expended by the end of the calendar year? Yes No Unsure Grant Agreement GRT20029 Exhibit B — Grant Report #2 — Due Dec. 1, 2020 Page 11 of 14 75 2. Permissible Use(s) of Grant Funds(See Section 4 of Grant Agreement Special Terms and Conditions): 3. Description of How Grant Funds Have Been Used in 2020: 4. Plans for 2021 Grant Funds: 5. Description of Impact State Funds Have Had on Local Public Defense Services Grant Agreement GRT20029 Exhibit B — Grant Report #2 — Due Dec. 1, 2020 Page 12 of 14 76 Exhibit C Washington State Office of Public Defense Public Defense Improvement Program City Grant Report #3 All City grant recipients are required to submit a completed copy of this report, along with all public defense attorneys' 2021 quarterly Certificates of Compliance to the Washington State Office of Public Defense by June 1, 2021. City: Report Date: Contact — Name/Title: Email: Phone: Address: 1. For 2021, the city has budgeted indigent defense expenses as follows: Chapter 10.101 RCW State City Funds Grant Funds Other Funds Attorney salaries and benefits, contract and conflict attorney compensation $ $ $ Investigators, experts, interpreters, social workers, and other professional services $ $ $ Other public defense expenses $ $ $ Total $ $ $ 2. What amount of the2021 state grant funds has been spent so far? Grant Agreement GRT20029 Exhibit C — Grant Report #3 — Due June 1, 2021 Page 13 of 14 77 3. Permissible Use(s) of Grant Funds (See Section 4 of Grant Agreement Special Terms and Conditions) 4. Description of How Grant Funds Have Been Used to Date: 5. Plans for Utilizing Remaining Funds by End of Calendar Year (If Applicable) 6. Description of Impact State Funds Have Had on Local Public Defense Services Grant Agreement GRT20029 Exhibit C — Grant Report #3 — Due June 1, 2021 Page 14 of 14 COUNCIL AGENDA SYNOPSIS ---Initial Meeting Date Prepared by Mayor's review Council review 12/09/19 7CP 04144C ITEM INFORMATION ITEM NO. Spec 4 7111UFF SPONSOR: JUAN CARLOS PADILLA ORIGIN;AI,A(,,I:NI);A D.A'I'1:: 12/09/19 AGI:ND.\ I'1'1,:NI Trr1,1. IAFF Local 2088 Labor Agreement 2020-2022 CA'1'I:GORY ❑ DZJ'G'tf.l'J'i0n A1tg Date ❑Motion Mtg Date ❑Resolution Mtg Date ❑Ordinance tlltg Date ❑BidAtvard Nltg Date El Public Hearing Mtg Dute ❑ Other Aftg Date SPONSOR ❑Council ❑Mayor ❑HR ®DCD ❑Finance ❑Fire ❑TS ❑P&R ❑Police 0131VI ❑Court SPONSOR'S The current labor agreement with the IAFF Local 2088 expires on December 31, 2019. SU,,N1M,\RY The City and Union have reached a tentative three-year agreement on a successor agreement for 2020-2022. REVIEWED 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/AI)NIIN. Administrative Services CON INII'1 COST IMPACT / FUND SOURCE EYPENDI'TU121? RI?QUIRE1) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 12/09/19 Informational Memorandum dated 12/09/19 Labor Contract Between IAFF 2088 and the City of TUkwila 2020-2022 79 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Juan Padilla, Human Resources Director CC: Mayor Ekberg DATE: December 9, 2019 SUBJECT: IAFF Local 2088 Labor Agreement 2020-2022 ISSUE Consideration and approval of the IAFF labor agreement 2020-2022. BACKGROUND The current labor agreements with the IAFF Local 2088 expire on December 31, 2019.The City and Union have reached a tentative three-year agreement on a successor agreement for 2020- 2022. DISCUSSION The City and the Union have agreed to a wage increase equal to 6% for 2020, 100% CPI-W (June -June) for year 2021, and 2022. In addition, the City and Union have agreed to an employer contribution to each members MERP account in the amount of $75.00, per month. RECOMMENDATION The Council is being asked to consider and approve the contracts at the December 9, 2019, special meeting. ATTACHMENTS IAFF Labor Agreement 2020-2022 0 2020-2022 AGREEMENT BETWEEN CITY OF TUKWILA And FIREFIGHTERS LOCAL NO. 2088 This Agreement is entered into by and between the City of Tukwila, Washington, hereinafter referred to as the Employer and IAFF LOCAL 2088, International Association of Firefighters, hereinafter referred to as the Union. It is the purpose of this Agreement to achieve and maintain harmonious relations between the Employer and the Union to provide for equitable and peaceful adjustment of differences which may arise and to establish proper standards of wages, hours and other conditions of employment. Page 1 of 60 2020-2022 LABOR AGREEMENT Between City of Tukwila and Firefighters Local No. 2088 STATUTORY RIGHTS/REGULATIONS ARTICLE 1 DISCRIMINATION 3 ARTICLE 2 DURATION 4 ARTICLE 3 MANAGEMENT RIGHTS 5 ARTICLE 4 RECOGNITION 6 ARTICLE 5 SAVINGS CLAUSE 7 ARTICLE 6 SUPPLEMENTAL AGREEMENTS 8 ARTICLE 7 UNION SECURITY 9 ARTICLE 8 WORK STOPPAGES 10 MONETARY COMPENSATION ARTICLE 9 ACTING PAY 11 ARTICLE 10 CLOTHING ALLOWANCE 12-13 ARTICLE 11 EDUCATION ALLOWANCE 14-15 ARTICLE 12 HOLIDAYS 16 ARTICLE 13 HOURS OF WORK 17-19 ARTICLE 14 INSURANCE COVERAGE 20-22 ARTICLE 15 LONGEVITY 23 ARTICLE 16 ON -CALL PERSONNEL 24 ARTICLE 17 OVERTIME AND CALLBACK 25 ARTICLE 18 SUPPLEMENTAL PENSION PLAN 26 ARTICLE 19 WAGES 27-28 PAID LEAVE BENEFITS ARTICLE 20 MISCELLANEOUS LEAVE 29 ARTICLE 21 ILLNESS OR INJURY LEAVE 30-31 ARTICLE 22 JURY DUTY LEAVE 32 ARTICLE 23 UNION BUSINESS 33 ARTICLE 24 VACATION LEAVE 34-38 PERSONNEL POLICIES ARTICLE 25 DISCIPLINE & DISCHARGE 39-40 ARTICLE 26 DRUG AND ALCOHOL TESTING 41-49 ARTICLE 27 GRIEVANCE PROCEDURE 50-52 ARTICLE 28 PROMOTIONS 53 ARTICLE 29 SAFETY 54 ARTICLE 30 SENIORITY 55 ARTICLE 31 STAND-IN 56 ARTICLE 32 SUBSISTENCE 57 ARTICLE 33 PHYSICAL FITNESS 58-59 ARTICLE 34 ACCRUED LEAVE CONVERSION Page 2 of 60 ARTICLE I - DISCRIMINATION The Employer and the Union agree not to discriminate against any employee by reason of membership or non -membership in the Union, race, religion, creed, color, national origin, age (over 40) veteran status, marital status, sex, sexual orientation, gender identity, political affiliation, the presence of a disability, or the use of a trained guide dog, or other legally protected class status. Any action that would not constitute discrimination under applicable statutes, regulations or case precedent will not constitute a violation of this contract provision. Page 3 of 60 ARTICLE 2 - DURATION This agreement shall become effective January 1, 2020 and shall remain in full force and effect through December 31, 2022. The parties agree that negotiations regarding a subsequent agreement shall commence as required by State statutes. Page 4 of 60 0 ARTICLE 3 - MANAGEMENT RIGHTS 3.1 The management of the Fire Department and the direction of the work force is vested exclusively with the Employer subject to the terms of the Agreement. The Union agrees that its members shall comply in full with Fire Department Rules and Regulations including those relating to conduct and work performance. It is further agreed that all matters not specifically and expressly covered by language of the Agreement may be administered for its duration by the Employer in accordance with such policies and procedures as it from time to time may determine. 3.2 To modify old work rules or to promulgate new work rules, the City shall: (1) notify the Union in writing thirty (30) calendar days before any such modification or promulgation, (2) the City shall meet and confer upon written request of the Union, at a mutually convenient time, and within the 30-day calendar notice period to discuss any proposed changes in the old work rules or the promulgation of new work rules, and (3) each party shall keep minutes of those meetings which shall be filed as official City Documents. If the modified or new work rule, regulation, or policy has not been through the process and is grieved, it shall be immediately removed from application and the status quo returned, retroactive to the date of implementation until the process contained herein is followed. 3.3 The Union recognizes the enumerated rights listed below are customary rights of management. The exercise of these rights will be consistent with the past collaborative working relationship of the parties, subject to the labor-management process available to the parties and bargaining rights that affect wages, hours and working conditions within the meaning of RCW 41.56. Rights reserved to management shall include, but not be limited to, the following: 3.3.1 Determine and change Fire Department budget, methods of operation, facilities and equipment. 3.3.2 Recruit, hire, layoff, promote, assign, appoint, discipline, discharge, or suspend employees in accordance with City of Tukwila Civil Service Rules and Regulations and the terms of this Agreement. 3.3.3 Determine number of personnel and the methods and processes by which work is to be performed. 3.3.4 Assign work and determine the duties to be performed by bargaining unit members. 3.3.5 Determine the need for additional education courses, training programs, on-the-job training, or class training, assign employees to such duties for periods to be determined by the Employer. 3.3.6 Take any temporary action as may be necessary to carry out the mission of the City and to deal with emergencies as declared by the Emergency Management Director, Mayor, County, Governor, or President. Page 5 of 60 ARTICLE 4 - RECOGNITION The Employer recognizes the Union as the exclusive bargaining agent for all represented uniformed employees of the Fire Department consistent with the Washington State Public Employment Relations Commission. Page 6 of 60 ARTICLE 5 - SAVINGS CLAUSE If any provision of the Agreement or the application of such provision should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. Page 7 of 60 :• ARTICLE 6 - SUPPLEMENTAL AGREEMENTS The parties agree that Supplemental Agreements will be incorporated into the collective bargaining agreement as an appendix once the documents are identified/verified/updated and agreed upon between the parties to this agreement. Agreement expressed herein in writing constitutes the entire agreement between the parties and no oral statement shall add to or supersede any of its provisions. The parties acknowledge that each had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union for the duration of this Agreement each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject unless mutually agreed otherwise. Should the City enter into a merger or consolidation agreement with another public fire department to provide fire department services historically performed by the Tukwila Fire Department, the City will meet and confer with the Union as to the impacts of such action on wages, hours and working conditions as may be required in Article 3. Page 8 of 60 a ARTICLE 7 - UNION MEMBERSHIP AND DUES DEDUCTION Upon receipt of written authorization individually signed by a bargaining unit member, the City shall deduct from the pay of such member, the amount of union deductions as certified by an officer of the signatory organization and transmit the amount to the Union in a timely manner. The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article, unless caused by the negligence of the Employer. Nothing in this article shall be construed as to require a member of the Tukwila Fire Department to join the Union as a condition of continued employment. Page 9 of 60 91 ARTICLE 8 - WORK STOPPAGES The Union agrees that there shall be no strikes, slowdowns, stoppages of work or any interference with the efficient operation of the Fire Department for the duration of this Agreement. The Employer agrees that there shall be no lockout of the employees. Any or all employees who violate any of the provisions of this article may be discharged or otherwise disciplined. Page 10 of 60 92 ARTICLE 9 - ACTING PAY Each employee who is assigned to work out of classification in a higher rank (such as Acting Captain) for four (4) or more hours on any shift shall be paid at the rate of pay of the higher rank for all hours worked out of classification during that shift. The difference between the employee's usual hourly pay rate and that of the higher rank shall be termed "Acting Pay." Any employee who is assigned to work in a higher rank during a period for which the employee is eligible for overtime shall receive the acting pay differential as outlined above in addition to his/her overtime pay. For the purpose of temporary and provisional appointments as defined by City of Tukwila Civil Service Rules, all compensated hours shall be paid at the pay rate/scale of the temporary or provisional appointment for the duration of the temporary or provisional appointment. While temporarily or provisionally appointed to a higher rank, the appointed member shall not be eligible for shift overtime at any lower rank to which he/she is temporarily or provisionally appointed. For the purpose of department and shift staffing, the appointed member is assigned to temporarily fill a "hard bar" position. Page 11 of 60 93 ARTICLE 10 - CLOTHING ALLOWANCE The City will select and manage a uniform service account, and pay said account/contract directly to the vendor. All regular shift employees shall receive $330 annual clothing allowance, prorated to the upcoming January. Non -shift (day) personnel shall receive $500 annually as a clothing allowance, paid by the end of January for the current year. The union and city will meet to agree upon a schedule for replacement of approved items. Replacement shall occur within a timely manner, based on availability of item and funds, once the employee receives the uniform allowance. Newly hired employees shall have all initial required uniforms (referenced below) provided by the City. City agrees to provide required clothing for academy. It is the employee's responsibility to maintain and replace the uniforms as needed (excluding "C" pants and shirts). In the event the employee voluntarily separates service with the City prior to completing two years, the cost of initial uniforms shall be deducted from his/her final paycheck. Any addition or deletion of the uniform requirements or a uniform change that will change the uniform expense needs will be negotiated. All protective clothing or protective devices required of employees shall be furnished by the Employer as per Fire Department policies. For any employees newly hired that results in an increase in the total number of employees covered by the uniform/cleaning "service", the City will increase the contribution pro -rated from the date(s) of hire. Initial Required Uniform 1 - Class "A" uniform (to include the white long sleeve shirt and collar insignia) 1 - Complete Class "C" uniform pant and shirt 1 - Coveralls 1 - Belt 1 - Pair Shoe/Boots 1 - Paramedic style coat 1 - Tie 4 - Department T-shirts 2 - Department sweat shirts 1 - Ball cap Note: Additional Class "C" uniforms shall be provided by the uniform "service". Style/manufacturer shall be according to department policy. Page 12 of 60 For administrative and information purposes, approved Uniform items are as follows: Uniform Item Ouantity Service Years "C" Coat 1 10 Boots 1 pair 2 T Shirts 6 2 Belt 2 10 Ball Cap 1 3 Watch Cap 1 5 Sweatshirt 2 3 Class "A" Collared Shirt 1 10 Class "A" Uniform 1 20 Page 13 of 60 95 ARTICLE 11 - EDUCATION ALLOWANCE 11.1 Training The Union and Employer recognize the value of training and continuing education for employees, subject to budgetary limitations. The Union recognizes the prerogative of the Fire Administration to educate and train employees for assignment in all functional areas delegated to the Fire Department. 11.2 Education Allowance The Employer shall budget a total of $300 per year per union member into a pool for educational purposes for those union members employed as of January 1 each year. Any amount remaining as of December 31 shall revert back to the Employer. 11.3 Education Reimbursement From this educational allowance members shall be reimbursed for: 11.3.1 All Fire Service college courses and Fire Service degree course requirements in an approved field of study, for registration and required books. Reimbursements shall be given upon successful completion (to be defined as at least a C grade of a 2.0 point on a 4.0 grade point scale) of Fire Service college courses and Fire Service Degree course requirements. 11.3.2 Approved Fields of Study: Fire Science Fire Command Administration Fire Technology Fire Inspection Public Administration Business Administration Or any field of study beneficial to the Fire Department and approved by the Fire Chief. 11.3.3 Advance prepayment will be made by the Employer when requested by the employee for Tukwila Fire Service related classes, seminars and non -credited classes. Documentation will be submitted to the Employer, by the employee requesting the advance, for verification of the class prior to attendance and verification of successful completion following the class. 11.3.4 Reimbursement up to forty dollars ($40.00) of the above allowance per year will be made for Tukwila Fire Service related classes, seminars and non -credited classes. Documentation for Fire Service related books that are: non -fictional, instructional, and job related, subject to the approval of the Chief or Training Officer. Page 14 of 60 M Reimbursement procedures will be as established by the Employer. 11.4 When the shift is above minimum staffing, employees may attend pre -approved college classes while on duty with the prior written approval of the the Fire Chief or designee. Page 15 of 60 97 ARTICLE 12 - HOLIDAYS In lieu of Holidays, twenty-four (24) hour shift personnel shall receive regular rate of pay. Such payment shall be one hundred twenty (120) hours regular rate of pay. Such payment shall be made with the November end -of -the -month pay check of each year and pro -rated for new or terminating employees. Non -shift personnel shall receive the following holidays off with pay, plus two floating holiday, chosen by the employee, given 14 days notice. January 1 New Year's Day 3rd Monday in January Martin Luther King's Birthday 3rd Monday in February President's Day Last Monday in May Memorial Day July 4 Independence Day 1 st Monday in September Labor Day November 11 Veteran's Day 4th Thursday in November Thanksgiving Day 4th Friday in November Day after Thanksgiving Day December 25 Christmas Floating Holiday - #1 for non -shift personnel Floating Holiday - 42 for non -shift personnel During the week of an official City recognized holiday, non -shift employee's may work a standard, 5-day, 8-hour work schedule for the week (which includes the 8-hour paid holiday), or use accrued comp time or vacation leave to make up the difference for the 8-hour holiday and their regular work -day. Page 16 of 60 ARTICLE 13 - HOURS OF WORK 13.1 The probationary firefighters upon successful completion of the probationary training period shall be assigned to a 24-hour shift, unless an additional period to be used for further training is deemed necessary by the Fire Administration, Training Captain and the President of the Union. The normal work schedule for probationary firefighters during the initial 12-16 week training period will be forty (40) hours per week. The work period for FLSA purposes for firefighters working forty (40) hours per week shall be 28 days. Newly hired personnel shall not accrue a Kelly Day during any FLSA period where they did not work the entire FLSA period on a 24 hour shift. For recruit employees , their probation shall extend one year (365 days) from their date of hire. 13.2 The normal schedule for shift personnel shall be a 24 hour shift on, followed by a second 24 hour shift on, followed by 96 hours off, on a repeating schedule. Twenty-four (24) hour shift personnel shall accrue fourteen (14) shifts off (Kelly Days) from this schedule which will result in a normal schedule of 2584 hours per year. Kelly Days for shift personnel shall be limited to FOURTEEN shift selections per year. Safe and effective delivery of service is the highest priority of the Tukwila Fire Department. To that end, if night calls or sleep interruptions cause crew fatigue, the Battalion Chief may adjust the work schedule for the work day of the second shift of the 48 hour work cycle. The work period under the 48/96 schedule, for FLSA purposes, shall be twenty four (24) days for shift personnel. 13.3 Between November I" and 30"' of each calendar year, each employee shall choose Kelly Days from those FLSA periods that occur from the start of the first FLSA period that begins in January through the end of the FLSA period that immediately precedes the first FLSA period that begins in the following January of the following year. During annual Kelly Day selection, each employee shall choose fourteen (14) Kelly Days. Each employee assigned to the 48/96 schedule shall select either a Kelly Day or Vacation Day (see Article 24) for each and every FLSA period. If an employee does not have any vacation leave available to select for a vacant FLSA period, A Kelly Day that the employee has selected shall be split into two twelve hour segments, at the discretion of the Fire Chief, with twelve hours assigned to the Kelly Day date that the employee had chosen, and the other twelve hours to be assigned by the Fire Chief to the vacant FLSA period. The second twelve hours shall be assigned by the Fire Chief according to the needs of the Department. Kelly Day selections will be performed by seniority per shift. The firefighter with the most seniority on the shift shall select his/her Kelly Days first, followed by the next most senior firefighter until all shift firefighters have made their selections. If the senior person has no preference of Kelly Days, the next senior firefighter shall pick his/her Kelly Days. This process shall continue until each member of a shift has had the opportunity to schedule their Kelly Days. Should Page 17 of 60 any member of a shift fail to choose their Kelly Days and turn it into the shift Battalion Chief, the Battalion Chief and the Fire Chief, or his/her representative, will jointly assign the Kelly Day(s) for the individual(s). Each Battalion Chief shall be responsible for delivering all of his/her shift's Kelly Day leave requests (TFD Form 195 A/B/C) to the Fire Chief or his/her representative prior to 1700 hours on November 30. (to line up with practice) No Kelly Day(s) shall be changed once submitted to the administration, except by Kelly Day exchange. No employee may schedule more than one (1) Kelly Day per FLSA period. This article shall limit annual leave and Kelly Days to four (4) shift personnel off at one time per shift. No more than two (2) fire suppression officers on the same shift shall be scheduled off on that same day. However, under conditions defined by the Chief in Tukwila Fire Department Policy 01.08.04, the Chief shall determine whether three (3) officers may be scheduled off. No more than two vacation days may be scheduled per shift prior to Kelly Day selection for that month. 13.4 The non -shift personnel shall work forty (40) hours per week, exclusive of lunch time. Except for emergencies, these hours shall be worked between Monday - Friday, excluding weekends, unless, mutually agreed upon by the employee and the Employer. All non -shift personnel will continue to be allowed to leave their work station during scheduled work hours for the purpose of a non -paid meal break. Emergency call back to duty by the employee's supervisor during the employee's scheduled meal break shall be compensated by (1) adjusting the employee's schedule that day or the following work day, or (2) payment of time worked, at the option of the employee. 13.5 Nothing in this article shall prohibit the Employer and any employee from reaching mutual agreement on a modified work schedule which will be most advantageous in the completion of special assignments. 13.6 Special assignments by the employer are subject to the following limitations: 13.6.1 An employee shall not be required to perform more than twelve (12) weeks of special assignment within any twelve (12) month period, and limited to one continuous period of time. The period may be extended by mutual agreement as necessary to complete the project. 13.6.2 Special assignments shall be directly related to Fire Department activities and responsibilities. 13.6.3 The non -shift personnel shall work (forty) 40 hours per week, exclusive of lunch time. These hours shall be worked between Monday - Friday, excluding weekends, unless mutually agreed upon by the employee and the employer. 13.6.4 The employee shall not be detrimented regarding vacation, holidays etc., as a result of special assignment. An employee is not detrimented if, while on special assignment, he/she receives a holiday off in lieu of Holiday Pay for that holiday. Page 18 of 60 100 13.6.5 Unless unusual circumstances requiring special skill sets dictate otherwise, the Fire Chief will seek volunteers to perform a special assignment. If no one volunteers who is qualified in the Fire Chief s discretion, the Chief will select an employee for the special assignment. The Fire Chief will exercise his/her discretion in a fair manner. 13.6.6 The Employer will notify the Union regarding nonstandard or modified work schedules arrived at by mutual agreement between the Employer and employee. The purpose of such notification is to assure that such work schedule deviations are not otherwise contrary to the terms of this agreement. 13.6.7 "Light Duty" is a special assignment that may be used by the Employer when an employee is unable to return to full duty from a medical leave. Sections 13.6.1 and 13.6.5 do not apply to Light Duty. If a light duty assignment is made available, the Chief will determine the length of the assignment, which shall be subject to the approval of the employee's treating physician, not to exceed six months. This is subject to applicable state and federal law, including RCW 41.04.515 and RCW 41.04.520. 13.7 Normal work hours for shift personnel (except for Battalion Chiefs) shall be from 0800 to 1700 and 0700 to 0800 hours Sunday through Saturday. Normal work hours for Battalion Chiefs shall be 0730-1700 and 0700-0730, Sunday through Saturday. The normal work hours will include one hour for lunch, two fifteen minute breaks and one hour of physical fitness training. The hours between 1700 and 0700 shall be considered, with the exception of night drills, night inspections, and activities necessary to emergency preparedness, "Emergency Standby" time for the purpose of emergency response. Upon the direction of Fire Chief, a night drill may include occasional public relations appearances, public education events, or other activities benefiting the Fire Department and the public. New Year's Day, Thanksgiving and Christmas will be "Emergency Standby" days after all work, including scheduled drills, is completed. 13.8 Adjustment to Normal Work Hours. The 48/96 Schedule is agreed to be productivity neutral regarding shift members' work hours. To that end, Management and Labor will monitor the impact of the schedule on shift productivity and work hours. After consultation with Labor, the Fire Chief may set policy to adjust hours of work so that the new schedule does not reduce net work hours or net productivity. 13.9 Other Assignments: If deemed by a treating physician that an accommodation is needed for an employee who may be temporarily incapacitated to perform the essential functions of their position, a light duty assignment may be approved by the Chief or their designee who will determine the length of the assignment, not to exceed six months. Page 19 of 60 101 ARTICLE 14 - INSURANCE COVERAGE 14.1 Medical Insurance 14.1.1 City of Tukwila Self -Insured Medical Plan - Except as otherwise provided in this Article, the Employer shall contribute the premiums necessary to purchase medical care insurance for each full-time employee and his/her dependents under the City of Tukwila's Self -insured Medical Plan 14.1.2 Kaiser Permanente - For employees who elect medical coverage through Kaiser Permanente , the Employer shall pay up to the maximum dollar amount contribution of the Self -Insured Plan for employee and dependent coverage. Any premiums in excess of the Employer's contribution shall be paid by the individual through payroll deduction. Coverage under the Kaiser Permanente Plan shall be as determined by Kaiser Permanente Cooperative. 14.1.3 Effective on the date of signing, the Employer shall continue to pay the full premium up to a maximum increase of eight percent (8%) a year, necessary to purchase medical insurance for each full-time employee, and his/her eligible dependents under the City of Tukwila's Self - Insured Medical Plan. In the event the premiums increase more than 8% annually, the City's healthcare committee will meet to discuss proposed benefit plan design changes to the Self - Insured Medical plan so that the increase in the premium costs does not exceed the eight percent (8%). 14.2 DENTAL - Dental coverage will be maintained for all employees and their dependents during the term of this Agreement under the City of Tukwila self -insured plan or its replacement. All employees under this contract shall be required to participate. The cost for such plan shall be borne on the following basis: The Employer will contribute 100% of the total premium for this coverage. 14.3 VISION - Eye glasses/contact lenses for all employees and their dependents covered under this Agreement will be paid for by the Employer on a reimbursable basis. The coverage shall be limited to $500 per calendar year. 14.4 LIFE INSURANCE - The City will provide and pay one hundred percent (100%) of the premium costs of a twenty-five thousand dollar ($25,000) life insurance policy (presently in force) on all employees covered under this Agreement. 14.5 The City retains the right to select all insurance carriers, providing the coverage set forth in this article, or alternatively to self -insure medical, dental and optical coverage as provided herein. The City agrees to consider alternative carriers and plans as may be suggested by the Union. 14.6 Medical Expense Reimbursement Plan (MERP) Benefit Trust The Union has requested of the Employer to become a part of the Washington State Council of Page 20 of 60 102 Firefighters Employee Benefit Trust, hereinafter referred to as ("WSCFF-EBT"), and to contribute to the Medical Expense Reimbursement Plan, hereinafter referred to as ("MERP"). The MERP is designed to provide a vehicle for members of the Union to pre -fund retiree health coverage and to provide reimbursement for medical expenses on a pre-tax basis. The City retains the right to select all insurance carriers provided herein, and agrees to consider alternative carriers as may be suggested by the Union. Therefore, the Employer considers the WSCFF-EBT as an alternative carrier under Section 5 of the Agreement, and agrees that: 14.6.1 The Union has entered into and signed a joinder agreement with the WSCFF-EBT, to provide the membership with a MERP. In compliance with IRS regulations, all members of the Union must participate, as the plan does not provide for individual election. 14.6.2 The Union will provide the Employer with a copies of the following: signed joinder agreement, master application, summary of plan benefits wich details the provision of the MERP, and all Union members' Premium Reimbursement Plan election forms authorizing payroll deduction, as well as copies of any other documents the Employer may need to facilitate Union participation in the MERP. 14.6.3 The employees, acting jointly through their Union agree that the Employer shall make monthly contributions on a pre-tax basis in the amount of One Hunderd and Fifty and no/100 Dollars ($150.00 US) from the base salary of each employee in the Union to the WSCFF- EBT. 14.6.4 The Employer agrees to add an Employer contribution of Seventy Five and no/100 Dollars ($75.00 US), to each member's MERP. These fiends will be deposited monthly into each member's WSCFF-EBT (MERP) Account. 14.6.5 Such contributions shall be included as base salary for the purpose of calculating retirement benefits. 14.6.6 The Employer shall be obligated for payment of contributions in the amount provided above, by the twentieth (20) of every month for that month's contribution. The Employer and Union will cooperate with the WSCFF-EBT and its Trustee(s) in facilitating or allowing any payroll audit. 14.6.7 The WSCFF-EBT shall remain separate and apart from any Employer retiree health insurance funding program unless changed by mutual agreement of the parties to the Agreement. The Union shall unilaterally have the option to adjust the contribution rate provided the Employer is given written notice sixty (60) days in advance of any rate adjustment. 14.6.8 If any employee severs employment with the Employer prior to the twentieth of the month, the Employer's monthly contribution amount for that employee will be withheld and Page 21 of 60 103 submitted to the WSCFF-EBT as outlined in this MOU, and the Employer's monthly contributions will thereafter cease for those employees separated from City service for whatever reason. 14.6.9 Once contributions have been distributed by the Employer to the WSCFF-EBT, the Employer is released from any and all liability related to the handling of such contributions by the Union, the WSCFF-EBT and/or its Trustee(s), agents, employees, contractors, successors and assigns. 14.6.10 The Union warrants the WSCFF-EBT is established in accordance with applicable federal, state and IRS laws and that the Employer shall have no further obligation hereunder in the event this warrant is materially breached. 14.6.10 The above sets forth the intent of the parties, and may be modified or terminated upon thirty (30) days written notice to the other party. Page 22 of 60 104 ARTICLE 15 - LONGEVITY During the term of the agreement, the longevity pay rates shall be as follows after the completion of the number of years of ftill time employment with the City set forth below: Completion of 5 years 2.0% of First Class Firefighter Base Wage Completion of 10 years 3.5% of First Class Firefighter Base Wage Completion of 15 years 5.0% of First Class Firefighter Base Wage Completion of 20 years 6.5% of First Class Firefighter Base Wage Completion of 25 years 8.0% of First Class Firefighter Base Wage Page 23 of 60 105 ARTICLE 16 - ON -CALL PERSONNEL 16.1 Certified officers (fire investigators or other positions as determined by the Chief) personnel when off duty shall be on call and available to respond to emergency incidents and other official events when assigned by the Chief after consultation with the qualified individual(s). The Fire Chief retains right to determine on call assignments and qualifications (including certifications) required. 16.1.1 The hourly rate for compensation of standby time shall be 10% and calculated on the employee's base hourly rate. 16.1.2 On -call personnel shall be compensated at the rate of time and one-half their base hourly rate for responses from the time of call -out until they return to their primary residence, or until the start of their next scheduled workday, whichever occurs first. 16.1.3 If the on -call position is normally held by a member of higher rank, and if the official job description for that position reflects that regularly assigned members shall be of a higher rank, then the on -call member shall be compensated according to Article 9, Acting Pay, for all time worked as defined by paragraph 16.1.2. 16.2 The on -duty member shall maintain a reasonable response time which shall not be more than the average travel time from his/her residence during his/her duty week. Either a fire department vehicle or mileage reimbursement (at current City rates) will be provided. 16.3 Nothing in this article will prevent the Employer from utilizing qualified twenty-four (24) hour shift personnel already on scene to perform those functions necessary to begin/conduct fire investigations prior to fire prevention personnel arrival. A committee headed by the Fire Marshal shall determine who is "qualified". 16.4 This article will not be used to determine promotional eligibility nor as a requirement for assigilnlent for fire prevention due to possible lengthy response times. Page 24 of 60 106 ARTICLE 17 - OVERTIME AND CALLBACK Bargaining unit overtime work required and authorized by the Employer for personnel shall be compensated for in cash at the rate of one -and -one-half times (1-1/2) the regular rate of pay. Entry level probationary employees are only eligible for overtime as a result of shift extension and such specialized training as E.M.T. training, practice house burns, or such training as approved by the Fire Chief. Entry level probationary employees are not eligible for overtime and callback as described in paragraphs 17.1 — 17.4 below. In the first three (3) months of employment, lateral entry probationary employees shall not be eligible for overtime and callback as described in paragraphs 17.1 —17.4 D below, but shall be eligible for overtime as a result of shift extension and for approved training. 17.1 In event that such overtime is not the beginning of or extension of a regularly scheduled shift, a minimum of two hours payment shall be made when personnel are called back. 17.2 Replacements for employees off on Union business pursuant to the provisions of Article 23(B) shall be compensated at their straight time hourly rate. 17.3 All eligible personnel who respond to a call after being dispatched by Valley Com by means of a fire department approved contact device will receive a minimum of two (2) hours at one -and -one-half (1-1/2) the straight time rate. 17.4 The maintenance of the overtime list shall be the responsibility of the Union. All contractual overtime pay earned during the pay period will be paid to the employee with his/her pay check for that period, provided the overtime sheet is submitted during that pay period. All FLSA overtime will be paid no later than 35 days after the FLSA period has ended. Page 25 of 60 107 ARTICLE 18 - SUPPLEMENTAL PENSION PLAN In addition to its legal obligations to implement the provision of the Federal Insurance Contribution Act to the extent applicable to employees, the City will make certain payments to or on behalf of employees in the nature of a supplemental pension plan. Payments shall be made to the individual or to a city -sponsored deferred compensation plan, as the employee elects. 18.1 For employees hired prior to April 1, 1986, the City will pay the percentage, applied to eligible gross, pay equivalent to the employer's FICA social security tax (currently 6.20%) and FICA hospital tax (currently 1.45%) for a total of 7.65% under current law. 18.2 For employees hired after March 31, 1986, the City will pay the percentage, applied to eligible gross pay, equivalent to the employer's social security tax (currently 6.20%). The percentage will include the FICA hospital insurance tax (currently 1.45%) if and when the FICA law changes such that the City need not, and does not, make the employer's FICA hospital insurance tax contribution on account of the employee (NOTE: The characterization of an employee as hired "prior to April 1, 1986" or "after March 31, 1986" shall be based on FICA law.) 18.3 Eligible gross pay, for purpose of this article, means that amount and those types of pay which would, as a matter of law, be subject to the FICA social security tax if the employee were included in, rather than excluded from, FICA social security tax coverage. Eligible gross pay shall exclude payments made under this article. 18.4 In recognition of the contingency that employees in the future may be subject to the FICA social security tax, the parties further agree that any such employees will not be entitled to any City payments under this article. 18.5 In the event the FICA law is hereafter restructured [other than in terms of the rate(s) of contributions or as contemplated in 18.4, above], this article shall be subject to reopening at the request of either the City or IAFF Local #2088. Page 26 of 60 ARTICLE 19 - WAGES The following monthly wage rates shall be in effect throughout the term of this agreement: 19.1 The following Wage Differentials are hereby established: 19.2 19.3 19.4 Probationary Firefighter 80% 3rd Class Firefighter 85% 2nd Class Firefighter 90% 1st Class Firefighter 100% Captain 115% Battalion Chief 130% The following General Wage Adjustments shall apply: Effective l/l/20 6.0% Effective 1/1/21 100% CPI-W (June to June) Effective 1/l/22 100% CPI-W (June to June) Fire Department Title % 1/l/20 1/1/21 1/l/22 6.0% 100% CPI-W 100% CPI-W Probationary Firefighter 80% 6594 3d Class Firefighter 85% 7006 2nd Class Firefighter 90% 7418 1st Class Firefighter 100% 8242 Captain 115% 9478 Battalion Chief 130% 10715 For recruit employees, their probation shall extend one year (365 days) from their date of hire. Non -Shift Personnel shall receive the following wage differentials: 1st Class Firefighter/Inspector (One -Year Rotation Assignment)* 105% *The Job Description and requirements of a Firefighter/Inspector will be submitted in due course, as funding becomes available. A selection process shall also be established. Captain/Deputy Fire Marshal — Captain/Training BC/Fire Marshal — BC/Emergency Manager 120% 135% A minimum two (2) year commitment on day shift training assignment and a minimum three (3) year commitment day shift fire prevention/emergency management) shall apply to all bargaining unit members who shall transition to day shift assignments. Day shift employees shall transition back to the 24 hour shift after 2 years in training or 3 years in fire prevention/emergency management, upon the opening of a vacancy on the 24 hour shift. If no opening occurs upon completion of 2 years years in training or 3 years in fire prevention/emergency management, the Page 27 of 60 109 employee may return to the 24 hour shift schedule at the completion of the third year in training or fourth year in fire prevention/emergency management. If the day shift position must then be filled with a mandatory assignment, the Chief and the Union shall negotiate the selection process. Page 28 of 60 110 ARTICLE 20 - MISCELLANEOUS LEAVE 20.1 BEREAVEMENT LEAVE - In the event of a death in the immediate family of an employee, the employee shall be granted up to two (2) shifts running consecutively (or three (3) days in the case of forty (40) hour personnel) with pay. An additional one (1) shift for twenty-four (24) hour shift personnel and two (2) days for day personnel may be approved and charged (as requested) to the employee's accrued leave for out-of-state travel. Approval of such leave will not be unreasonably withheld. Additional shifts or days mdy be approved and charged to accrued leave, at the sole discretion of the Fire Chief or his/her designee. Immediate family for purposes of this section is defined as: Spouse, domestic partner, son, daughter, son-in-law, daughter-in-law, mother, father, brother, sister, grandchildren, grandparents of the employee, and son, daughter, mother, father, sister, brother, grandparents and grandchildren of the employee's spouse, or domestic partner. 20.2 FAMILY LEAVE - Available to employees as provided for under RCW 49.12 (Family Care); RCW 49.78 (Washington Family Leave Law); 29 CFR Part 825 (Federal Family and Medical Leave Act); and City and department policies and procedures. Employees shall be allowed to use sick leave or other paid time off to attend to the illness or health condition of immediate family members (i.e., a child, spouse, domestic partner, parent, parent -in- law, or grandparent of the employee) in accordance with Federal and State Law. Page 29 of 60 111 ARTICLE 21 - ILLNESS OR INJURY LEAVE Each employee incurring an illness or injury shall receive sick leave benefits computed on the following basis: 21.1 LEOFF II employees shall be credited upon employment with sick leave benefits under this article as follows: 24-hour shift employees 3 shifts Non -shift employees 3 days Upon completion of six (6) months service with the City, the employee shall be credited with additional sick leave under this article as follows: 24-hour shift employees 3 shifts Non -shift employees 3 days Additional sick leave benefits shall then accrue at the rate of twenty-four (24) hours per month to a total carryover of 1224 hours for 24 hour shift personnel; and eight (8) hours per month to a total carryover of 1008 hours for non -shift personnel. A twenty-five percent (25%) sick leave buyout shall be available to bargaining unit members upon separation for retirement or duty -connected disability. Employees who exceed the carryover limit (24-hour shift employees 1224 hours, Non -Shift employees 1008 hours), will receive a payout equivalent to 25% of any unused balance over the carryover limit as of December 31 st. This payment will be paid out on the first pay period of the following year. The rate that will be used for the payment is the regular rate of pay in effect on January 1 of the current year. Bargaining unit members utilizing sick leave may voluntarily re -bank sick leave by working a shift on a future date, that would negate the need for the Department to hire back and pay overtime to replace other members of the bargaining unit off shift due to illness, injury or vacation shifts. The protocols will be established by the Fire Chief, or designee. An example follows: Employees may volunteer to be put on a "Debit Days" list to fill vacancies which would cause shifts to fall below minimum staffing. Hours worked by one employee shall not exceed the number of sick leave hours used by that employee over the past 12 months. Employees that volunteer to work a 24 hour debit will get 36 hours credited to sick leave. The Fire Chief will work with the Union on procedures for the administration of the "Debit List ". 21.2 The Chief may, at his discretion and for good cause, require an employee to obtain certification of injury or illness from a physician (or other bona -fide healthcare practitioner) before the employee is paid for such illness. 21.3 In any case where an employee is entitled to benefits or payments under the Workers' Compensation Act, or subsequent legislation, the employee shall file for such benefits immediately after an absence involving three (3) frill or partial shifts for twenty-four (24) hour shift personnel and three (3) full Page 30 of 60 112 days, or any part thereof, for non -shift personnel, as a result of the same on the job injury or illness. The Employer shall deduct one-half (1/2) of the amount of disability leave supplement from the employee's accrued but unused sick leave as provided in RCW 41.04.510 in order to pay the difference between the benefits and payments received under such Act by such employee and the regular base monthly salary the employee would have received from the Employer if able to work. Employee's contribution will be deducted from their accrued sick leave until such sick leave is expended, or up to a maximum of eight (8) months from the date of injury, whichever occurs first, except as otherwise provided herein. The employee agrees to return to the City of Tukwila Finance Department within seven (7) days, any funds received connected with Workers' Compensation, or subsequent legislation, as long as they are maintained as a City employee. Refusal to return said fields shall be grounds for discharge and recoupment. In no way shall an employee be able to combine City or State provided fiends to exceed his/her regular base wages while on disability. While on a work related disability, the employee shall continue to receive benefits as established by the collective bargaining agreement, up to a maximum of eight (8) months from the date of the injury or illness. The employee shall provide a monthly report from his/her physician on the status of his/her illness or injury, with prognosis on his/her availability to return to work. Subject to any return rights or limitations thereon which may exist as a matter of law, an employee who separates from City employment due to a work related illness or injury shall be eligible to return to work as a firefighter, if a position is available, under the following conditions: He/she must be released as rehabilitated by Labor and Industries. He/she must be able to pass a departmental medical examination. He/she must be able to perform the essential job functions. The parties do not intend that the operation of Section 21.5 will result in an unreasonable termination of employment, such as in the case of an employee who has medical prognosis of being able to return to duty within a reasonable period of time after expiration of the eight (8) month period. 21.4 Any employee who is injured on or off the job and is deemed to be without prognosis of returning to work, may have their employment with the City terminated after six (6) consecutive months leave from active work status due to the employee's inability to perform the essential job requirements, in accordance with applicable law pertaining to illness and injury leave. This provision shall take effect upon signing of this Agreement by both parties. Page 31 of 60 113 ARTICLE 22 - JURY DUTY LEAVE An employee who is required to serve on a jury shall be allowed authorized leave with pay, less any amount received for such service. The employee shall be placed on or will remain on a forty (40) hour work week, after being selected for a jury, and shall remain so for such time as an employee is required to remain at the disposal of the Court. An employee released by the Court from jury duty on any given day shall immediately notify the operations chief for assignment to work. An employee, who as a result of official Tukwila Fire Department business, is required to appear before a court, legislative committee or quasi-judicial body as a witness in response to a subpoena or directive, shall be granted time off with pay when on duty and pay at the rate of time and one-half when off duty. Page 32 of 60 114 ARTICLE 23 - UNION BUSINESS 23.1 Elected Union officials or substitutes appointed by the Union shall be granted reasonable time off with pay for the purpose of attending labor only conventions, conferences and seminars provided that advance notification of the necessity for such time off is provided to the Fire Chief, in writing, and further, the Union official or substitute shall provide a replacement through the trading of shifts to insure minimum staffing. 23.2 Reasonable time off with pay shall be granted elected Union officials or substitutes appointed by the Union for the purpose of administering this agreement as well as to attend labor/management relations training conferences open to both labor and management, subject to the following conditions: 23.2.1. The City shall pay the required replacement, to maintain minimum staffing levels, at their straight time hourly rate, for up to three (3) shifts total per year. 23.2.2. Replacements required to maintain minimum staffing levels beyond the initial three shifts will be provided and paid for by the Union. The Employer reserves the right to disallow such time off, should the Union fail to provide a replacement. 23.3 Negotiations shall normally be held at a mutually agreeable location at mutually agreed times. Fire Fighters on the negotiations team who are scheduled for duty (limit of three) may conduct negotiations with Employer representatives, while in an out -of -service status, without loss of pay, provided such release time does not result in added costs to the Employer. Otherwise, any negotiations team member in a scheduled meeting with the Employer during duty time shall be in an in-service, on -duty status. After normal work hours, pre -negotiation activities will be allowed as long as there is no interference with drills or work duties. 23.4 Firefighters on duty at outlying stations shall be allowed to attend regularly scheduled monthly meetings of IAFF Local No. 2088. They shall be allowed to attend special meetings when it does not interfere with work duties or drill, as determined by the Fire Chief. The meetings of IAFF Local No. 2088 will be held at the Fire Station, or a central point in the City with prior approval of the Fire Chief. Page 33 of 60 115 ARTICLE 24 - VACATION LEAVE 24.1 Vacation Accrual Schedule SHIFT EMPLOYEE ACCRUES Year Per Per Month Per Year 1* Pay Period 96 2 5 10 120 3 6 12 144 4 7 14 168 5 7 14 168 6 8 16 192 7 8 16 192 8 8 16 192 9 9 18 216 10 10 20 240 11 10 20 240 12 10 20 240 13 10 20 240 14 11 22 264 15 11 22 264 16 11 22 264 17 11 22 264 18 12 24 288 19 12 24 288 20 12 24 288 21 12 24 288 22+ 13 26 1 312 *Accrued at end of year 1; available after Probation DAY EMPLOYEE ACCRUES Year Per Per Month Per Year 1** Pay Period 96 2 4 8 96 3 4 8 96 4 4 8 96 5 j 4.34 8.68 104 6 1 4.67 9.33 112 7 1 5 10 120 8 5.34 10.68 128 9 5.67 11.33 136 10 6.67 13.33 160 11 6.67 13.33 160 12 7 14 168 13 7.34 14.68 176 14 7.34 15.33 184 15 8.34 16.68 200 16 8.34 16.68 200 17 8.34 16.68 200 18 8.34 16.68 200 19 8.34 16.68 200 20 j 8.67 17.33 208 21 8.67 17.33 208 22 8.67 17.33 208 23 8.67 17.33 208 24 8.67 17.33 208 25+ 9 18 216 **At Anniversary Date 24.2 Personnel assigned to any other than the 24-hour shift may take vacation leave in minimum amounts of two hours. 24.3 Upon termination from City employment, an employee shall be paid cash at the normal rate of pay for his/her unused vacation, provided permanent status has been attained; provided: the employee shall not be paid out more than two (2) years accrued vacation in any case. 24.4 No more than two (2) vacation days may be scheduled per shift prior to Kelly Day selection. 24.5 Personnel may accumulate up to two (2) years accrued vacation. Exception: If an employee had scheduled as many as two (2) work cycles or less vacation and then was unable to take such vacation due to serious illness/injury, the employee may exceed the above maximum by that amount with the understanding that (1) the employee will bring their vacation balance within the two (2) years maximum within an agreed upon period of time of return to work. No vacation of less than one shift/day will be granted for 24-hour shift personnel. Vacations will be Page 34 of 60 116 granted subject to the needs of the service. 24.6 If an employee is prevented by injury or illness from working a full month, he/she will nevertheless be entitled to vacation leave accrual for that month, provided he/she has accrued sick leave sufficient to cover the remaining days of the month. 24.7 If vacation is applied for more than thirty (30) days in advance and the employer fails to cancel this vacation within fourteen (14) calendar days of submittal, the canceled vacation day or days shall be paid at double-time rate for the days worked. All cancellations shall be given in writing. Any employee incurring a full or partial shift/day of vacation cancellation shall receive a full replacement shift/day. 24.8 There are both voluntary and involuntary shift reassignments. Voluntary shift reassignment occurs when the employer assigns the employee to a different shift per that employee's written request. Involuntary shift reassignment occurs when the employer assigns the employee to a different shift without the employee's written request for reassignment to that shift. When voluntary shift reassignment occurs, any employee loss of vacation shifts constitutes a cancellation of vacation by the employee. Voluntary shift reassignment does not trigger Section 24.7. When involuntary shift reassignment occurs, an employee shall be entitled to any block of vacation time previously approved, using no more than the amount of the vacation hours originally necessary for such block of time period. This "block" shall be defined as the time from an employee's last day worked through the vacation period and up to the next scheduled work day. Any vacation time not approved as outlined above shall be subject to section G. 24.9 Between November I" and 30"', Kelly Day selections (Article 13.3), each shift suppression employee shall select vacation leave for the subsequent year. Employees assigned to the 48/96 work schedule shall select this leave in work cycles of two consecutive 24 hour shifts bounded on both sides by regularly scheduled 96 hours off. Vacations chosen to fill Non -Kelly FLSA periods are not cancellable. Otherwise, Vacation selections, once made, are only cancellable as long as the employee uses the required minimum number of vacation shifts in a year. Procedure: Vacation selections will be conducted in rounds by following the seniority chart, below. The order of selection shall be in descending order by seniority, from the most senior shift member to the least senior shift member. The most senior shift member first selects up to as many vacation shifts as the Seniority Chart allows; then less senior members, in order of seniority, each select up to as many vacation shifts as the Seniority Chart allows. This selection process is then repeated once again, starting with the most senior shift member selecting up to as many vacation shifts as the Seniority Chart allows, with less senior employee following in order of seniority selecting as the Seniority Chart allows. • Employees with twenty (20) years of completed service may select up to six shifts (three work cycles) per selection round. • Employees with ten (10) years of completed service may select up to four shifts (two work Page 35 of 60 117 cycles) per selection round. • Employees with less than ten (10) years of completed service may select up to two shifts (one work cycle) per selection round. Each shift commander shall administer the selection process. Upon the least senior employee's selection of a vacation cycle, further vacation selections shall proceed as outlined by TFD policy. No other vacation shifts shall be scheduled for the next year until this vacation and Kelly process has been completed. After this vacation and Kelly day process has been completed, other vacation and Kelly selections shall be conducted per Department policy. 24.10 Under the 48/96 schedule, after Kelly Day selections are conducted per Article 13.3, any employee who has an FLSA period that does not contain either a Kelly Day or a Vacation Day, shall select at least one shift of vacation in that vacant FLSA period. Vacations chosen to fill Non -Kelly FLSA periods shall not be cancellable. If the employee does not have a shift of vacation available, the Fire Chief may split one of the employee's Kelly Days, as provided in Article 13 B., above. It shall be the Department's decision whether or not a split is needed to make the vacation picking system work. 24.11 Subject to advance approval of the Fire Administration, employees who have completed 6 years of Tukwila Fire Department service may cash out up to 96 hours of accrued vacation. Employees will request a vacation cash -out by September I". If approved, cash -out money will be paid with the second paycheck in October. Page 36 of 60 118 ARTICLE 25 - DISCIPLINE AND DISCHARGE 25.1 Employees may be disciplined for just cause, subject to appeal to a decision through either the grievance procedure or to the Civil Service Commission, but not through both processes to a decision. In order to preserve his/her right to appeal to the Civil Service Commission, an employee may file an appeal with Civil Service and also file a grievance with the Union as outlined in Articles 25 and 27. However, when the grievance is submitted to the Fire Chief within the time frames established in Article 27, this shall constitute an election of the grievance remedy. If the grievance is not submitted to the Fire Chief, then appeal to the Civil Service Commission shall have been elected by the employee and the Union. 25.2 Disciplinary action may include but not be limited to oral reprimand/counseling, written reprimand, suspension without pay, demotion and discharge. Actions other than these may be undertaken subject to agreement between the affected employee, the Union and the City. 25.3 Prior to the imposition of discipline other than oral reprimands, the employee shall be provided an opportunity to meet with the Chief or his/her designee to discuss the alleged violation. At the time the employee is advised of the meeting, the employee will be informed as to the general nature of the violation to be discussed. At the meeting, the employee shall be provided with a copy of written violation(s) or charge(s) and shall have an opportunity to review documents then in the control of the Chief or his/her designee which the Employer will use as proof of the alleged violation and the employee will have the opportunity to present his/her side of the issue. 25.4 This shall not prevent the Employer from suspending the employee, with pay, from all further duties pending the final decision as to the appropriate discipline or the overturning of said discipline by the appropriate authorities. 25.5 The employee shall also be entitled to have a Union representative, upon request, at any meeting held with the Employer to discuss facts which may lead to potential disciplinary action against him or her. 25.6 No disciplinary documentation may be placed in an employee's personnel file that is within the Employer's control without going through Article 25.3 above. The employee shall sign/acknowledge the disciplinary document, with the understanding that the material will go into his/her personnel file. 25.7 Unless otherwise agreed by the employee, Union and Employer, no disciplinary action shall have any effect beyond three years. However, if further discipline is administered within those three years, the preceding disciplinary action(s) shall have no effect beyond three years after the most recent discipline. Upon the lapse of the effect of any disciplinary action, and upon the written request of the employee, the disciplinary document shall be removed from all personnel files within the Employer's control. Except that no documentation shall be removed from any file during that period of time that the employee is specifically a party to any grievance arbitration, PERC proceeding or civil litigation. Page 37 of 60 119 25.8 Oral reprimands/counseling may be documented by the employer and maintained only in Fire Department files. An oral reprimand shall have no effect beyond one year (i.e. twelve months of active employment), provided the employee has received no other related discipline in that time period. However, if the employee receives related discipline within that time period, the earlier discipline shall have no effect beyond one year of the most recent disciplinary action. Upon the lapse of the effect of the disciplinary action and upon the written request of the employee, the disciplinary document shall be removed from the Departmental files. 25.9 Generally, if the employee continues to disregard an oral reprimand/counseling, a written reprimand, or more serious discipline, will be issued. 25.10 No appeal of discipline shall be subject to arbitration under the terms of Article 27, Grievance Procedure, without approval of the Union. Page 38 of 60 120 ARTICLE 26 - DRUG AND ALCOHOL TESTING The Union and Employer have jointly agreed to assure that the employees represented by the Union are committed to a drug and alcohol - abuse free workplace. Accordingly, the Union and Employer have adopted policies and procedures outlining drug and alcohol testing. This policy is instituted to assure that both parties work to certify that the work place is free of employees whose job performance may be impaired by the abuse of drugs and/or alcohol and to comply with the provision of the Federal Drug Free Workplace Act of 1988 (P.L. 100.790). 26.1 POLICY The Employer and the Union recognize that drug and alcohol use by employees would be a threat to the public welfare and the safety of department personnel. It is the goal of this policy to eliminate or prevent illegal drug usage and abuse of legal drugs or alcohol that impairs the employee at work at all times through education, treatment and rehabilitation of the affected personnel, and to establish the circumstances under which disciplinary action shall be imposed for violation of this policy or the City's Drug -Free Workplace policy. The unlawful possession, manufacture, sale or use of unauthorized usage of drugs or alcohol, as well as, the ulawful possession, manufacture, sale or use of drugs shall not be permitted at the Employer's work sites and/or while an employee is on duty. The parties recognize that an employee has the obligation not to place himself/herself in a situation where the ability to perform his/her job is impaired by drugs or alcohol. In the event an employee fails to fulfill his or her obligations, it is the responsibility of the City to remove such employee from the work environment to prevent the endangerment of the employee, fellow employees and/or the public. Therefore, the following alcohol and drug related conduct is strictly prohibited for Department employees. No employee shall: Be impaired by any alcohol or any drug (including non-prescription drugs) while on duty. Use or possess alcohol or any Drug (as defined below) while on duty, except when the use is pursuant to the instructions of a physician who has advised the employee that the Drug does not adversely affect the employee's ability to safely perform his or her job functions (marijuana may not be used on duty.) Be impaired by any Drug or alcohol while on duty. Report for duty or remain on duty if the employee tests positive for unauthorized Drug use (pursuant to section 26.4) or while having an alcohol concentration of 0.04 or greater, in which case the employee shall be removed from any safety sensitive job function for 24 hours. Use alcohol within four (4) hours prior to the beginning of a scheduled duty period; Page 39 of 60 121 Use alcohol for eight (8) hours following an accident or prior to undergoing a post -accident test, whichever occurs first; Refuse to submit to a reasonable suspicion or follow-up test for alcohol or Drugs required by this Policy; Alter any required sample or interfere with a drug/alcohol testing process. 26.2 INFORMING EMPLOYEES ABOUT DRUG & ALCOHOL TESTING All employees shall be informed of this Drug and Alcohol Testing Policy . The City shall provide a copy of this Policy to employees. Employees will view a video or attend a live presentation on the effects of drug and alcohol use and abuse. Employees shall be provided an informational brochure on current drug and alcohol testing procedures. All newly hired employees will be provided with this information. No employee shall be tested before this information is provided to him/her. 26.3 DISCIPLINE 26.3.1 Voluntary Self -Referral The Employer may test the employee based on reasonable suspicion (Sec. 26.5) that the employee is in violation of this policy. At the time the Employer elects to do so, the employee shall be entitled to the following safe -harbor provision of this agreement if the employee provides documentation that he/she comes forward with suitable evidence or documentation that he/she is currently and actively participating in a drug or alcohol abuse treatment program and getting the help needed, or otherwise provides evidence that he or she has promptly made reasonable efforts to get treatment If the above voluntary self -referral takes place prior to the Employer notifying the employee that there is reasonable suspicion for drug or alcohol testing of the employee, the employee shall not be subject to discipline for drug or alcohol use. The employee shall provide the Employer with evidence of his or her continuing participation in treatment, as well as progress updates, until program completion. Employees participating in treatment programs are expected to abide by all treatment program rules. 26.3.2 Testing Compliance An employee who refuses to submit to reasonable suspicion testing for Drugs or alcohol, as required herein, shall be subject to disciplinary action up to and including discharge. However, an employee undergoing reasonable suspicion testing, who tests positive, shall not be subject to discipline unless he/she refuses the opportunity for rehabilitation, fails to complete a rehabilitation program successfully, or has previously tested positive for drugs or alcohol or refused a required test, in which case the employee will be subject to immediate termination. 26.3.3 Positive Test. Page 40 of 60 122 A positive test result, as set forth herein, shall constitute a violation of the policy and shall be ground for discipline, under the just cause standards. However, employees who violate the prohibitions of this policy and participate in rehabilitation will be permitted a single "second chance" opportunity. 26.3.4 Off -Duty Arrest/Conviction for Driving Under the Influence of Drugs or Alcohol, or Other Drug -Related Crimes Employees must notify the Chief or his designee of any arrests under any criminal or alcohol statute prior to their next work day and within forty-eight (48) hours following the arrest. Employees must notify the Chief or his designee of a conviction under any criminal or alcohol statute within five (5) days of such conviction. The following penalties will be imposed upon any employee committing a gross misdemeanor or greater violation related to driving under the influence of drugs or alcohol off duty or the possession/sale of any controlled substance: First conviction or Deferred Prosecution A. Mandatory inpatient treatment and counseling. The employee will be allowed to use accrued sick leave, if available, for treatment. B. Voluntary entry into the Washington Health Professional Services Program for a period of no fewer than five (5) years. 2. Second conviction may result in suspension and/or termination of employment. 3. A third conviction will result in immediate discharge. 26.3.5 Savings Except as stated in this article, an employee shall not be shielded from discipline or corrective action when the employee's actions merit discipline. Drug or alcohol involved employees shall be required to comply with all requirements of this article (including testing and completion of a defined rehabilitation plan) and shall also be subject to the same discipline that a non -drug or alcohol involved employee would receive for the act of Page 41 of 60 123 misconduct. 26.4 PROHIBITED & CONTROLLED SUBSTANCES "Drug," as used in this policy, means any controlled substance as defined by federal and/or state law, including narcotics, depressants, stimulants, hallucinogens, and marijuana. "Alcohol use", as used in this Policy, means the consumption of any beverage, mixture, or preparation, including any medication, containing alcohol that may be defined as an intoxicting agent under the act. With respect to over-the-counter drugs and/or drugs that require a prescription or other written approval from a licensed physician or dentist for their use, it is the responsibility of the employee to review cautionary warnings for potential side effects and inquire of the issuing medical authority as to the potential impact of the drug to impair one's ability to work safely and effectively. Each employee is expected to inform his/her supervisor of such circumstances if he/she has reasonable cause to believe there may be impairment. Over-the-counter drugs that are legal in other countries (e.g. Canada), but not legal in the U.S., are considered illegal drugs for purposes of this Policy. 26.5 EMPLOYEE TESTING The employer may test the employee for drugs or alcohol based on reasonable suspicion. Employees shall not be subject to random drug or alcohol testing except as provided at Section 26.12 below. If, however, objective evidence exists establishing reasonable suspicion to believe an employee is in violation of this Policy, the Employer will require the employee to undergo a test consistent with the conditions as set forth in this Policy. Objective evidence shall include but not be limited to the odor of alcohol on the breath, dilated or constricted pupils, accident pattern, abnormal behavior or performance for that specific employee. Only supervisors who have been trained to detect the symptoms of alcohol misuse or drug usage and who have directly observed behaviors, appearance or physical symptoms can subject an employee to reasonable suspicion testing. For after hours testing, Drug Proof is to be contacted for the nearest collection site. 26.6 SAMPLE COLLECTION Drug testing will be conducted on urine samples, which will be collected and tested in accordance with SAMHSA standards. Testing will be performed by a laboratory that is certified by the Substance Abuse Mental Health Services Administration (SAMHSA) and agreed to by the Union and the Employer, using SAMHSA split sample standards. The positive results of employee tests shall be made available to the designated MRO who will notify the employee and Employer after discussing the result with the employee. Negative results will be reported directly to the Employer, who will notify the employee(s). Initial alcohol testing required by this policy shall be breath alcohol testing.- In the case of breath alcohol testing, breathalyzer alcohol tests shall be conducted in private at the collection site Page 42 of 60 124 designated in advance by the City and the Union. Alcohol tests shall be conducted using a National Highway Traffic Safety Administration (NHTSA) approved evidential breath - testing device operated by a trained breath alcohol technician, in accordance with standards equivalent to those acceptable to the Washington State Patrol. If the initial test indicates an alcohol concentration of 0.04 or greater, a second test shall be performed to confirm the results of the initial test- The Employer may rely on a breath alcohol test conducted by qualified law enforcement personnel. Collection of split blood or urine samples shall be conducted in a manner which follows strict chain of custody procedures as set by SAMHSA. The Union and the Employer agree that security of the biological urine and blood samples is absolutely necessary. Therefore, the Employer agrees that if the MRO determines or it is determined through arbitration or other legal processes that the security of the sample is compromised in a manner that would affect test results, any positive test shall be invalid and may not be used for any purpose. An employee who refuses to submit to testing, based on reasonable suspicion as identified in this Policy, shall be subject to disciplinary action up to and including discharge. Blood or urine samples will be submitted as per split sample standards acceptable to SAMHSA. Employees have the right to seek consultation with a Union or legal representative prior to the submission of the sample. However, the employee may not delay the submission of the sample if unable to make contact with such representative. Employees shall not be witnessed while submitting a urine specimen. Prior to submitting a urine, blood, or breath sample, the employee will be required to sign a consent and release form (as attached to this policy). The employee shall not consume any food or liquids until after the sample is taken, unless employee's medical condition dictates otherwise. All urine and blood samples must be stored in an acceptable scientific manner consistent with SAMHSA standards. All positive confirmed samples and related paperwork must be retained by the laboratory for one year and blood samples for six (6) months. At the conclusion of this period the specimen shall be destroyed. Related paperwork of any positive confirmed sample(s) will be retained as set forth in Article 25, Discipline, of the collective bargaining agreement, as well as, in the employee's medical files. Note: The Lab may keep the sample longer if the City so requests, as long as consistent with Article 25(g). Also, the employee and Union may request, through the Employer, that the lab retain the sample longer. 26.7 DRUG TESTING Drug testing shall be limited to the classes of controlled substanced listed in the Federal Register (82 FR 7920) — Mandatory Guidelines for Federal Workplace Testing Programs. The initial test shall use an immunoassay which meets the requirements of the Food and Drug Administration for commercial distribution. The following initial cutoff levels shall be used when screening specimens to determine whether they are negative for these five drugs or classes of drugs: INITIAL TESTING: Page 43 of 60 125 Marijuana metabolites 50 ng/ml Cocaine metabolites 150 300-ng/ml Opiate metabolites (1*) 2000 ng/ml Phencyclidine 25 ng/ml Amphetamines 1000 ng/ml (1 *) If immunoassay is specific for free morphine the initial test level is 25 nghril. If initial testing results are negative, testing shall be discontinued. Only specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) techniques at the following listed cutoff values: CONFIRMATORY TESTING: Marijuana Metabolites (1 *) 15 ng/ml Cocaine metabolites (2*) 100 45-0 ng/ml Opiates Morphine 2000 ng/ml Codeine 2000 ng/ml Phencyclidine 25 ng/ml Amphetamines Amphetamine 500 ng/ml Methamphetamine (3*) 500 ng/ml (1*) Delta-9-tetrahydrocamlabinol-9-carboxylic acid (2*) Benzoylecgonine (3*) Specimen must also contain amphetamine at a concentration greater than or equal to 200 ng/ml. Tests will not be reported as positive unless minimum levels are present as outlined in Section 26.7. If confirmatory testing results are negative, all samples shall be destroyed and records of the testing expunged from the employee's file. Employees who test positive may request a test of the remaining portion of the split sample within 72 hours of notification of a positive result by the MRO. In the event split sample test results are confirmed positive, the confirmatory split sample test shall be at the employee's expense. 26.8 ALCOHOL TESTING Breathalyzer alcohol tests shall be conducted in private at the collection site designated in advance by the city and the union. Alcohol tests shall be conducted using a National Highway Traffic Safety Administration (NHTSA) approved evidential breath -testing device operated by a trained breath alcohol technician, in accoradnce with standards equivalent to those acceptable to the Washington State Patrol. If the initial test indicates an alcohol concentration of 0.04 or greater, a second test shall be performed to confirm the results of the initial test. Page 44 of 60 126 Unless the city is required by law to disclose such information in response to a public records request, all information collected in the process of conducting a drug and/or alcohol test, shall be treated as confidential information. Tests will not be reported as positive unless minimum levels are present as outlined herein, with a copy to the MRO. Breath alcohol (also known as "evidential breath test" or "EBT") test results are reported directly to the Employer by laboratory or collection site personnel. 26.9 MARIJUANA TESTING In the state of Washington, marijuana is legal under state law, and as a medical cannabis authorization for both medical and recreational purposes. Marijuana continues to be illegal under federal law and as a recipient of federal funds, the City is subject to the federal Drug - Free Workplace Act of 1988, which prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including marijuana, by City employees as a condition of their employment. Employees shall not use or be under the psychoactive effects of marijuana causing motor impairment while on duty. Marijuana metabolites can stay in a person's blood for weeks after the psychoactive effects of the drug have completely subsided. In addition, certain topical medications containing marijuana do not cause psychoactive effects, but can still result in a positive test for marijuana. A saliva tests shall be used to screen for the psychoactive effects of marijuana use, and if positive, shall be confinned by a blood test performed by a qualified laboratory. This screening test shall be performed by an individual properly qualified to perform the tests utilizing appropriate equipment. An initial positive level shall be 50 nano grams per milliliter of Delta- 9 -tetrahy drocannabinol. If initial testing results are negative, testing shall be discontinued, all samples destroyed and records of the testing expunged from the employee's files. Only specimens identified as positive on the initial test shall be confirmed using the blood test. A positive blood level shall be 15 nano grams per milliliter of Delta-9- tetrahydrocannabinol. If confirmatory testing results are negative, all samples shall be destroyed and records of the testing expunged from the employee's files. If the employee tests positive for marijuana, the MRO (Medical Review Officer) will review and interpret the results as set forth in Article 26.10 herein. 26.10 MEDICAL REVIEW OFFICER The Medical Review Officer (MRO) shall be agreed upon between the Union and the Employer and must be a licensed physician with a knowledge of substance abuse disorders. The Medical Review Page 45 of 60 127 Officer shall be familiar with the characteristics of the tests (sensitivity, specificity, and predictive value), the laboratory running the tests and the medical conditions and work exposures of the employees. The parties may change the MRO by memorandum of understanding which shall become an amendment to this agreement. The role of the Medical Review Officer will be to review and interpret positive test results. He/she must examine whether there are any alternate medical explanations for any positive test results. This action shall include interviewing the affected employee and reviewing medical history and other relevant biomedical factors brought to the MRO's attention by the employee. The MRO must review all appropriate medical records made available by the tested employee. 26.11 LABORATORY RESULTS The laboratory will advise only the MRO of any positive results and the employee. The results of a positive drug test can only be released to the Employer by the MRO once he/she has completed his/her review and analysis of the laboratory's test and has discussed the result with the employee. If the employee fails to contact the MRO after five days, the MRO will report the test as positive to the Employer. The Employer will be required to keep the results confidential in the employee's medical file and it shall not be released to the general public unless required to do so by lawful subpoena or as required under state or federal public disclosure laws. 26.12 TESTING PROGRAM COSTS The Employer shall pay for all Employer -required Drug and alcohol testing, including MRO expenses . The Employer shall also pay employees for their time for Employer -required tests. If an employee chooses to have his/her split sample tested and results are confirmed positive, the confirmatory split sample test shall be at the employee's expense. If results are confirmed negative, the confirmatory split sample shall be at the Employer's expense. 26.13 TREATMENT AND DUTY ASSIGNMENT DURING TREATMENT Employees who test positive for a Ddrugs or alcohol, as confirmed by the MRO, shall undergo a drug and alcohol assessment conducted by a licensed drug/alcohol evaluator and shall comply with any treatment recommendations that result from such assessment. Participation by the employee in the prescribed treatment program is mandatory and failure to participate is grounds for discipline under the just cause standard. In the event that inpatient treatment is recommended, the employee will be placed on rehabilitation leave status, and may utilize accrued paid leave. If such paid leave is exhausted while the employee is in initial -inpatient treatment program, the employer will work with the employee to discuss other leave options that may be available in order to complete the prescribed inpatient care - Payback of sick leave advance will be based upon a pay -back schedule mutually agreed between the Employer, the Employee and the Union. If the employee leaves before pay -back, the value of such leave due and owing will be deducted from the employee's final paycheck or covered by paid leave earned by other bargaining unit personnel. Page 46 of 60 128 The employee may return to work only with a written release from the drug/alcohol evaluator and a physician, regardless of whether inpatient or outpatient treatment is recommended. Employees who complete drug and alcohol treatment program may be re -tested, by following the treatment program's post -treatment testing guidelines. 26.14 VOLUNTARY REHABILITATION Employees who believe that they may have a problem with drugs and/or alcohol are encouraged to voluntarily contact a Peer Support Team Member or the employee assistance program (EAP). Any employee who voluntarily enters rehabilitation pursuant to Article 26.3.1 of this contract and completes a drug and/or alcohol treatment program, may be re -tested under reasonable suspicion, by following the treatment program's post -treatment testing guidelines. Treatment and rehabilitation shall be paid for under the terms and benefit levels in the employee's insurance program. Employees will be allowed to use their accrued and earned leave for the necessary time off involved in the rehabilitation program. 26.15 DUTY ASSIGNMENT AFTER TREATMENT Employees who successfully complete rehabilitation [including return to duty testing at the completion of rehab] shall be returned to their regular duty assignments, subject to Section 26.3 (Discipline) unless otherwise agreed between the Employer and the Union. 26.16 RIGHT OF APPEAL The employee has the right to challenge the results of the drug or alcohol tests and any discipline imposed in the same manner that he/she may grieve any other Employer action. As a condition to pursuing such a grievance, however, the employee must sign a written release authorizing the MRO, testing laboratory, and any other medical personnel involved in the collection, testing, and evaluation process to provide the Employer and Union any and all records and information related to the test process and results. 26.17 CHANGES IN TESTING PROCEDURE The parties recognize that during the life of this agreement there may be improvements in the technology of testing procedures which provide more accurate testing. In that event, the parties will bargain in good faith whether to amend this procedure to include such improvements. If the parties are unable to agree on the amendments they will be submitted to impasse procedures as outlined in RCW 41.56. 26.18 CONFLICT WITH OTHER LAWS This policy will be administered consistent with Federal and State Constitutions and statutes and is not intended to supercede or waive rights or responsibilities individual employees or the Employer may have under Federal, State constitutions or statutes. Page 47 of 60 129 26.19 NEW HIRES The Employer reserves the right to require a drug/alcohol test of all applicants seeking to be hired or transferred into the bargaining unit. 26.20 NOTICE OF CRIMINAL DRUG VIOLATION In accordance with federal law, any employee convicted of violating any criminal drug statute in the workplace is required to notify the Employer within five (5) days after such a conviction. Page 48 of 60 130 ATTACHMENT: T.F.D. Form #150 TFD FORM # 150 Consent/Release I consent to the collection of a urine, blood and or expired air sample by analysis by for those drugs specified in the Drug and Alcohol between the City of Tukwila and the Firefighters' Union, IAFF Local 42088 (the "Policy"). and its Testing Policy agreed to The laboratory administering urine, blood and/or expired air tests may release the results to me and the Medical Review Officer (MRO). The MRO is, in turn, authorized to release confirmed positive test results, following his/her review and interpretation of such results as per the policy, to my Employer. Any further medical information may only be released to my Employer with my written consent or as authorized by law. The laboratory is not authorized to release the results of this test to any other person without my written consent. I understand that I have the right to my complete test results and that the laboratory will preserve the sample (if confirmed positive) for at least six months. If I test positive for drugs, I may request a test of the split sample, at a second SAMHSA-certified lab of my choice, within 72 hours of notification of a positive test result by the MRO. Such request shall be by means of notification of the MRO and/or the Fire Department duty chief. I acknowledge that my Employer has the option to require collection and testing of breath sample for alcohol testing in accordance with the Policy. [ ] Breath Alcohol Test: I consent to the collection of a breath sample by and its analysis by means of an evidential breath testing device for alcohol in accordance with the Policy. The laboratory or collection site personnel are authorized to report the initial positive results of the alcohol test directly to my Employer, with a copy to the MRO. I understand that the Employer is requiring me to submit to this testing as a condition of my employment and that alteration of the sample or failure to reasonably cooperate with the collection of a urine, blood, and/or breath sample may result in disciplinary action by the Employer. I understand that a confirmed positive test may be cause for discipline up to and including discharge in accordance with the Policy. In other cases, a positive test may result in a requirement that I undergo rehabilitation as a condition of continued employment. By signing this consent form, I am not waiving my right to challenge any confirmed positive test result and any Employer action based thereon under the Employer -Union collective bargaining agreement. However, as a condition to pursuing a grievance, I agree to sign a written release authorizing the MRO, testing laboratory, and any other medical personnel involved in the collection, testing, and evaluation process to provide the Employer and Union any and all records and information related to the test process and results. Page 49 of 60 131 ARTICLE 27 - GRIEVANCE PROCEDURE 27.1 Purpose The purpose of this grievance procedure is to provide an orderly method for resolving grievances. A determined effort shall be made to settle any such differences at the lowest level in the grievance procedure; and there shall be no suspension of work or interference with the operations of the Employer. This article describes the grievance resolution process agreed upon between the union and the employer. Notwithstanding any provision herein, this article does not give an individual employee any contract -based right of arbitration beyond the right to submit his/her grievance to the Grievance Committee (Section 27.3.1, below). However, the individual employee has additional rights pursuant to RCW 41.56.080. 27.2 Definition An alleged violation of specific term or condition of employment specifically set forth in this Labor Agreement or the application of any policy, rule or regulation regarding conduct or work performance promulgated by management shall be resolved as set forth. Any alleged violation or application of any policy, rule or regulation not contained in this agreement shall be resolved in accordance with this Article, up through submission to the Mayor's office for his/her consideration, in accordance with Article 27, Section (C)(2). Any alleged violation of any provision of this Agreement shall be resolved up to and including binding arbitration as set forth in Article 27.3.3. No grievance of discipline shall be subject to arbitration under the terms of Article 27, Grievance Procedure, without approval of the Union. 27.3 Procedure 27.3.1 Any member or group of members of the bargaining unit that believe he/she or they have been aggrieved must, within fourteen (14) business days of his/her or their knowledge of the alleged grievance, submit a written statement of the grievance to the bargaining unit's Grievance Committee with all relevant facts involving the alleged grievance. Upon receipt of the grievance, the Committee shall determine if a grievance exists. If, in the Committee's opinion, no grievance exists, no further action is necessary. If the Grievance Committee's determination is that a grievance merits the Union's support, the Committee, and/or the grievant, shall present to the Fire Chief a written statement, with a copy of the original grievance, setting forth the nature of the grievance, all contract sections allegedly violated, the facts on which it is based and the relief requested. Note: The City opts to state the timeframes in terms of "business" days rather than Page 50 of 60 132 "calendar" days. "Business days" are Monday through Friday, excluding days the Fire Department business office is not open to the public (e.g., emergency closures of City Hall and designated holidays). The aforesaid presentation shall be made within twenty (20) business days of receipt of the grievance by the Grievance Committee. If the grievance has not been settled within the twenty (20) business days after submittal to the Fire Chief, the Grievance Committee may elect to continue with the contractual Grievance procedure on behalf of the employee if the individual employee does not pursue an appeal of the grievance issue to the Civil Service Commission. An appeal shall not be made in both forums It is understood, however, that an individual incident may give rise to alleged violations of contract or rights allowed by law that are separate points of violation. Nothing herein shall limit the right of the employee and/or the Union from pursuing the violations in the above forum deemed appropriate by the Union for each violation. 27.3.2 If the grievance is appealed through this contract, the Mayor, or his/her representative, shall respond in writing within twenty (20) business days of receipt of the written Grievance. 27.3.3 If, after fifteen (15) business days from receipt of the Mayor's or his/her representative's reply, the grievance remains unresolved, the grievance as set forth above may be submitted by the Union to a recognized arbitrator from a list requested from the American Arbitration Association (AAA), unless mutual agreement is reached to request a list from another source. The representatives of the Employer and the Union shall alternately eliminate the name of one person from the list until only one name remains. The grieving party will strike the first name from the list. The arbitrator shall conduct a hearing and his/her findings shall be binding on all parties. The expenses of the arbitrator shall be borne equally by the parties and each party hereto shall pay the expenses of their own representatives (e.g. witness and attorneys fees). If, by mutual consent of the Grievance Committee and the Employer's representative, it is deemed to be in the best interest of both parties, the above mentioned time limits may be adjusted by agreement of both parties. In arriving at any disposition or settlement of a grievance hereunder, neither party nor the arbitrator shall have the authority to alter this Agreement or negotiate a new agreement. 27.3.4 Election of Remedies The employee may utilize the grievance procedure, to file a grievance on discipline or discharge, otherwise appealable to the Civil Service Commission, based upon a claim that the discipline or discharge is without just cause. In the event of arbitration involving an issue of discipline, up to and including discharge, the arbitrator's role shall be to determine whether the facts upon which the decision is based are true. The arbitrator shall not have the power to overturn the Employer's decision if the alleged facts are proven true and that the discipline received is reasonable based on the evidence presented to him or her. Page 51 of 60 133 In the event an employee elects to pursue a Civil Service appeal concerning his or her employment status or conditions, no grievance under this agreement by or on behalf of the employee shall be pursued to the extent the subject matter of the Civil Service appeal overlaps with any actual or potential grievance under this Agreement. It is specifically and expressly understood and agreed that any alleged violation of any provision of this agreement that cannot be resolved under Article 27.3.1 or Section 27.3.2 shall be resolved through Article 27.3.3 and not the courts. Any appeal to arbitration shall constitute an Election of Remedies and waiver of any and all nights of the appealing employee, the Union, and all persons it represents to litigate or otherwise contest the appealed subject matter in any court or other available forum. Likewise, litigation or any other contest of any subject matter involving an employee or the Union in any court or other available forum shall constitute an Election of Remedies and a waiver of the right to arbitrate the matter. Page 52 of 60 134 ARTICLE 28 - PROMOTIONS The following guidelines shall govern all promotions for positions within the established bargaining unit: 28.1 The examination process shall be impartial, job related, and shall assess the candidate's ability to perform the requirements of the position. The Department will be open to input from elected officials of IAFF Local #2088 prior to the testing process to accomplish these goals. 28.2 Selection of a candidate for a promotion shall be in accordance with City of Tukwila Civil Service Commission rules and regulations and based on the candidate's past work record, education, knowledge of job duties and ability to perform all requirements of the position. 28.3 Promotions shall be made from a promotional list established through the examination process. The Rule of Three shall be used by the appointing authority in accordance with Civil Service rules as currently in effect or hereafter amended. Page 53 of 60 135 ARTICLE 29 — SAFETY The Fire Chief and/or his/her designated representatives shall meet and confer on a regular and on an as needed basis with the employees to discuss safety rules, firefighter safety, and safety standards for carcinogens for the express purpose of developing Policies and Standard Operating Procedures to insure Employer and employee compliance with the appropriate Washington Administrative Codes. Page 54 of 60 136 ARTICLE 30 - SENIORITY Seniority shall mean an employee's length of service with the department and shall be computed from the date the employee began such service. In the case of identical service dates, seniority shall be defined as the employee who had the highest total entry level test score on the Civil Service exam. Seniority shall not be earned by an employee under the following conditions: during a period of justified suspension for disciplinary reasons for a period of thirty (30) days or more, 2. during a period of an unpaid leave of absence, 3. during a period of layoff. Page 55 of 60 137 ARTICLE 31 - STAND-IN 31.1 Employees shall have the right to exchange shifts, or portions thereof, when the change does not interfere with the operation of the Fire Department. Such shift exchanges shall follow the procedures outlined in the departmental policy on the subject. These exchanges are private arrangements between individual employees, and the employer has no duty to police or enforce these arrangements. Shift exchanges shall not result in any increased net cost to the Employer (including any overtime costs), nor shall it have a significant impact on the workload of Fire Administration (e.g., having to resolve disagreements between individuals). The current departmental shift change policy has been established, and any subsequent shift change policy shall be established through negotiations between the Fire Chief or his/her representative and the Union executive board for the duration of this agreement. 31.2 Any officer may exchange shifts, or portions thereof, only with another officer or acting officer on the officer's eligibility list. A firefighter may only exchange shifts or portions thereof with another firefighter. An entry-level probationary firefighter may only exchange with another entry level probationary firefighter. However, any shift employee on the same shift may exchange Kelly Days with any other shift employee, regardless of rank. 31.3 In the event that a Union member is unable to pay back a traded shift due to illness, that employee shall attempt to find a trade replacement. If the employee is unable to find a trade replacement, the employee will have the option of using sick leave at straight time if no overtime situation is incurred. If an overtime situation (specifically caused by the missed standin) is incurred by the Department, the member will be required to pay the time back as future overtime situations present themselves in the form of a "Debit Day" as referenced in Article 21.3. The employee will not be eligible to receive overtime until the equivalent of the missed shift has been offset by an equivalent number of hours worked. The member will not be required to pay time back caused by an overtime situation incurred by subsequent sick leave taken by another member on the same shift. 31.4 When an employee has exhausted all paid leave, including sick leave, vacation leave, and shared leave, and continues to be unable to return to work, employees have the right to exchange shifts with that injured/ill employee, provided these exchanges do not interfere with the operation of the Fire Department. Such shift exchanges shall follow the procedures outlined in a departmental policy on the subject and applicable City of Tukwila Civil Service Rules and Regulations. Under these circumstances, officers may stand in for fire fighters, so long as there is a vacant officer slot; fire fighters may stand in for officers as long as the minimum officer staffing as established by department policy is met; and probationary firefighters may stand in for probationary firefighters. Such shift exchanges must be uninterrupted and continuous so that they do not cause administrative difficulties. Page 56 of 60 138 ARTICLE 32 - SUBSISTENCE In the event that employees are required to attend department authorized schools, seminars, or courses which require meals or lodging expense for events beyond five hour duration, such expenses shall be reimbursed as follows: 32.1. MEALS - On -duty personnel will be reimbursed for meals based upon the rate structure and procedures in place at the time in the City of Tukwila policies. Off -duty personnel will be compensated for their meal period while attending mandatory schools, seminars, or courses in lieu of meal reimbursement. 32.2. LODGING - Hotel and motel expenses will be reimbursed on completion of authorized travel upon submittal of proper claim. A reasonable class of accommodation shall be selected where choice is available. The single rate should be clearly indicated on all receipts. Employees may request to have subsistence expenses pre -paid in accordance with City of Tukwila policies as they currently exist or are hereafter amended. 32.3 TRAVEL EXPENSES Employees will be covered by City Policy regarding reimbursement for travel expenses while on City business. Personnel required to provide private transportation to attend schools, seminars, or courses required by the Employer shall be reimbursed at the standard IRS rate for business use of an automobile. For the purposes of this article: 32.3.1 Any local basic Recruit Academy is considered as a City work station and thus is excluded from the reimbursement provisions; and 32.3.2 A location that is greater in distance from the Tukwila Headquarters fire station than the North Bend Recruit Academy site (i.e. 45 miles) shall not be considered "local". Page 57 of 60 139 ARTICLE 33 - PHYSICAL FITNESS 33.1 Purpose: The purpose of a fitness program shall be the improvement and maintenance of firefighter health and wellness. Firefighter physical fitness is expected to benefit both the City, its employees and the public. Improved fitness is expected to reduce sick leave and lower both disability and disability retirements. Further, fitness is expected to cause better and safer job performance. The City and the Union recognize that firefighters must maintain certain levels of physical fitness in order to perform the essential functions of their job. The City agrees to support a fitness program by providing adequate funding for equipment, and time for daily fitness activities. The Union and employees agree to support a fitness program by accepting mandatory daily on -duty participation for all members who respond to emergency operations. 33.2 Supervisor Responsibilities: It shall be the Supervisor's responsibility to ensure that each employee is utilizing a fitness program. Refer to Fire Department Policies (01.02.07 Logbook). 33.3 Fitness Drills: Daily fitness drills shall be mandatory and shall be documented as such, in the electronic logbook. Twenty -four-hour shift employees shall participate in fitness drill once each shift. Non -shift employees shall participate in fitness drill two times each week. The shift officer or work supervisor shall schedule at least sixty minutes so that fitness drill can be completed during the regular business day, or between 0800 and 1700 hours for shift personnel. Page 58 of 60 140 Article 34 —ACCRUED LEAVE CONVERSION Twenty-four (24) hour shift employees and 40 hour per week (non -shift) employees have different accrual rates for sick and vacation leave as outlined in Articles 21 and 24. The hourly rates of pay are different between the shifts as the 24 hour rate is based on 2584 hours per year and the 40 hour rate is based on 2080 hours per year. Due to the differing factors in leave accrual rates and hourly rates and for clarification of the methodology used to convert vacation and sick leave hours for firefighters who switch between the 24 hour shift schedule and 40 hours per week (non -shift) schedule, the City and Union have discussed the methodology for calculating the conversion of vacation and sick leave hours and agree the following factor calculation will be used: • Upon switching the work schedule from a 24 hour shift to 40 hour per week (non -shift) schedule, the firefighter's accrued vacation and sick leave hours will be converted by the factor of 2080 hours divided by 2584 hours. Conversion Factor: 2080/2584 = .8049. o Example: vacation balance on 40 hour non -shift schedule = 160.00 hours. ■ 160 x .8049 = 128.78 hours o Example: sick leave balance on 40 hour non -shift schedule = 680.00 hours. ■ 680 x .8049 = 547.33 hours. • Upon switching the work schedule from 40 hour per week (non -shift) to a 24 hour shift schedule, the firefighter's vacation and sick leave hours will be converted by the factor of 2584 hours divided by 2080 hours. Conversion Factor: 2584/2080 = 1.2423. o Example: vacation balance on 24 hour non -shift schedule = 128.00 hours. ■ 128.78 x 1.2423 = 159.98 hours o Example: sick leave balance o 24 hour non -shift schedule = 547.00 hours ■ 547.33 x 1.2423 = 679.99 hours Page 59 of 60 141 SIGNED THIS DAY OF , 2019. IAFF LOCAL NO. 2088 FOR THE CITY OF TUKWILA Dawn Judkins, President IAFF Local #2088 Date: Attest: Christy O'Flaherty, City Clerk Allan Ekberg, Mayor CITY OF TUKWILA Page 60 of 60 142 UPCOMING MEETINGS AND EVENTS DECEMBER 2019 DEC9 MONDAY DEC10 TUESDAY DEC 11 WEDNESDAY DEC12 THURSDAY DEC 13 FRIDAY DEC14 SATURDAY Civil Service > Community > PagaCeaxaissien > 6emmunitlr Commission Development & CANCELLED Oriented -Retiring 5:00 PM Neighborhoods QtUaws-.Advi6ery , Human Resources Committee Board Conference Room 5:30 PM � CANCELLED "Joyous Celebration" Hazelnut _— concert with Rainier Conference Room ■ ■ Symphony. `r Finance . FJaawiag Dec 14 - 7:30 PM Committee SPIRIT Cemmissien Dec15 - 3:00 PM 5:30 Pm Tukwila of CANCELLED Hazelnut International GIVING Foster Hl High Conference Room Boulevard Action Performing Arts Committee Drop-off your donations Center 7:00 PM today! Look for the 4242 S 1441 St Valle View Sewer y Spirit of Giving box at the For more information Community Center and and tickets. visit ,,,,n�,� 3i 60 S 3460 S 148th City Hall. www.RainierSymphony. /GCIG(/ org. RECEPTION — ..---- IN HONOR Of ------ Councilmember ©® Dennis Robertson prior to Committee of the Whole Meeting. FREE Winter concert with City Council Highline Community Committee of the Symphonic Band. Whole Meeting 7:30 PM 7:00 PM Council Chambers Foster High Performing C.O.W. Meeting to be Arts Center immediately followed by 4242 S 1441h St a Special Meeting. For more information, visit www. highlinecomm unity symphonicband.org/concert -schedule.html. DEC 16 MONDAY DEC 17 TUESDAY DEC 18 WEDNESDAY DEC 19 THURSDAY DEC 20 FRIDAY DEC 21 SATURDAY Public Safety Transportation & TRANSPORTATION Committee Infrastructure DROP4N _® 5:30 PM Committee • • ®• 7:00 PM Hazelnut Conference Room 5:30 Hazelnut Talk to representatives p Valley View Sewer " TENTATIVE " Conference Room from King County Metro's District "TENTATIVE '• ORCA To -Go, King County 3460 S 148th St Public Health's Access and Outreach, South King www.actiontukwila.org City Council County Transportation Regular Meeting Options and Hopelink to 7:00 PM Council Chambers Public Meeting lea, about riding the light rail, bus or bicycle, shuttles, " TENTATIVE " or to get an ORCA card Provide input on the 1:30 PM — 3:30 PM Stormwater Management Tukwila Library Program Plan to meet the 14380 Tukwila Intl Blvd requirements of Tukwila's Western Washington Phase II Municipal Stormwater Permit. Agenda will include introduction, Phase II Permit requirements, discussion of proposed changes and public comments. For more information, visit records.tukwilawa.gov/ WebLink/l/edoc/ 326569/pagel.aspx. 9:00 AM — 10:00 AM Foster Conference Room 6300 Southcenter Blvd Suite 100 SPIRIT OF GIVING CAMPAIGN Help us reduce financial stress for caregivers and bring joy to 350 disavantaged school children. To become �L�■'�/_—tee involved, email Giving@TukwilaWA.govor call 206-767-2342. 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 otherresources. SPIRIT DONATE THRU DECEMBER if: Individuals and groups can donate directly to the campaign by dropping off new, unwrapped items at giving of_locations. Items needed are toys, art supplies, movie tickets, bowling certificates, games and gift cards. GIVING DROP-OFF LOCATIONS: Tukwila Community Center and Tukwila City Hall 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 weeks of unlimited travel! Offeravailable until December 15. Sign up at www.kingcounty.govfinmotion. TUKWILA IN MOTION > Arts Commission: 4th Wed., 6:00 PM, Tukwila Community Center. Contact Tracy Gallaway at 206-767-2305. 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. (2A) Overview of Parks, Recreation and Open Space (PROS) Plan capital projects and priorities as part of the PROS Plan update. (2B) Update on 2019 Parks and Recreation Projects and initiatives. (2C) Legislation on Foster Golf Links fees. (2D) An ordinance updating Critical Areas regulations. 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. > Finance Committee: 2nd & 4th Mon., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206433-8993. (2A) 2020-2021 Office of Public Defense Grant Agreement. (26) Fireworks permits for Lam's Seafood Asian Market and Seawolves. (2C) Cleanup costs for Hilltop Homeless Camp in the amount of $60,000. (2D) Microsoft Office Enterprise Agreement (2E) Updated Public Safety Plan D-20 financial framework. '. Library Advisory Board: 1st Tues., 5:30 PM, Community Center. Contact Stephanie Gardner at 206-767-2342. > 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 206431-3670. Public Safety Committee: 1st & 3rd Man., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. Transportation and Infrastructure Committee: 1st & 3rd Tues., 5:30 PM, Hazelnut Conference Room. Contact Laurel Humphrey at 206-433-8993. ,r ,r Tukwila Historical Society: 3rd Thurs., 7:00 PM, Tukwila14 Heritage & Cultural Center, 14475 59'h 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. Tentative Agenda Schedule MEETING 1 — MEETING 2 — MEETING 3 — MEETING 4 — MONTH REGULAR C.O.W. REGULAR C.O.W. December 2 9 16 23 RECEPTION ..-...._...... IN HONOR OF .._.._.._.. Councilmember Dennis Robertson prior to C.O.W. Meeting. See agenda packet cover sheet for this week's agenda: December 9, 2019 Committee of the Whole Meeting C.O.W. Meeting to be followed by Special Meeting. MONTH MEETING 1 — MEETING 2 — MEETING 3 — MEETING 4 — REGULAR C.O.W. REGULAR C.O.W. January 6 13 20 27 UNFINISHED BUSINESS A resolution to name a donated parcel as "Cottonwood Comer." 144