HomeMy WebLinkAboutRegular Council Agenda Packet - 09 Dec 2013 - Agenda - PdfAGENDA
RENTON CITY COUNCIL
REGULAR MEETING
December 9, 2013
Monday, 7 p.m.
*RE-REVISED*
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2.ROLL CALL
3.SPECIAL PRESENTATION
a. Recognition of Britt McKenzie - Renton Municipal Arts Commission Member
4.PUBLIC HEARING
a. Adoption of Issaquah, Kent, and Renton School District Impact Fees and Capital Facilities Plans
5.ADMINISTRATIVE REPORT
6.AUDIENCE COMMENT
(Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The
first comment period is limited to one-half hour. The second comment period later on in the
agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to
the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME.
7.CONSENT AGENDA
The following items are distributed to Councilmembers in advance for study and review, and the
recommended actions will be accepted in a single motion. Any item may be removed for further
discussion if requested by a Councilmember.
a. Approval of Council meeting minutes of 12/2/2013. Council concur.
b. Approval of Committee of the Whole/Special Meeting minutes of 10/14/2013. Council concur.
c. City Clerk submits 11/5/2013 General Election certification from King County Elections as
follows: Council Position No. 1 - Randy Corman 11,994 votes ELECTED; Council Position No. 2 -
Stuart Avery 5,625 votes, Armondo Pavone 8,981 votes ELECTED; Council Position No. 6 - Beth
Asher 6,085 votes, Terri Briere 8,163 votes ELECTED; Municipal Court Judge - Terry L. Jurado
11,382 votes ELECTED. Information.
d. City Attorney Department submits amendments to the Parking Garage Agreement for The
Landing and the Parking Garage and Area Maintenance, Operation and Management Agreement
for The Landing (O&M), with Transwestern Harvest Lakeshore, LLC (now known as Pearlmark
Harvest Lakeshore, LLC), and recommends approval of the amendments essentially on the terms
of the draft amendment to the O&M and the description of the new site amenities as attached.
Council concur. (See 9.a. for resolution.)
e. Community and Economic Development Department recommends the appointment of Brad
Knutson, General Manager of Holiday Inn Seattle/Renton to the Lodging Tax Advisory
Committee. Mr. Knutson fills the vacancy left by Kathy Madison, General Manager of Hilton
Garden Inn. Council concur.
Page 1 of 251
f. Community Services Department recommends approval of a contract with PND Engineers, Inc. in
the amount of $196,923 for design services for the Riverview Bridge Replacement project.
Council concur.
g. Human Resources and Risk Management Department recommends approval of the 2013-2015
Renton Police Guild Non-Commissioned Employees contract. Council concur.
h. Human Resources and Risk Management Department recommends approval of a contract in the
amount of $266,625 with Healthcare Management Administrators (HMA) and Envision Rx for
2014 medical, dental, and prescription claims processing. Council concur.
i. Human Resources and Risk Management Department recommends approval of the 2014 Group
Health Cooperative medical coverage contract in the amount of $206,775 for all active
employees. Council concur.
8.UNFINISHED BUSINESS
Topics listed below were discussed in Council committees during the past week. Those topics
marked with an asterisk (*) may include legislation. Committee reports on any topics may be held
by the Chair if further review is necessary.
a. Finance Committee: School District Impact Fees*; Riverview Bridge Replacement Project
Grant*; Addendum #2 to Public Defender Services Contract with Cayce & Grove
b. Planning & Development Committee: Title IV (Development Regulations) Docket #9*;
Comprehensive Plan Amendments*; Affordable Housing - McOmber Correspondence
c. Transportation (Aviation) Committee: Local Agency Certification Acceptance Qualification
Agreement with WSDOT*; Highlands to Boeing/Landing Contract with KPG, PS; Supplemental #7
to SW 27th St./Strander Blvd. Extension with Berger/Abam; Airport Utility Easement with AT&T
d. Utilities Committee: Glennwood Townhomes Latecomer Agreement
9.RESOLUTIONS AND ORDINANCES
Resolutions:
a. Amendments to Parking Garage Agreement for The Landing and to the Parking Garage and
Area Maintenance, Operation and Management (O&M) agreement for The Landing (See
7.d.)
b. Interlocal agreement for Riverview Bridge Replacement project grant with WA Commerce
(See 8.a.)
c. Interlocal agreement with WSDOT entitled "Certification Acceptance Qualification
Agreement" (See 8.c.)
Ordinances for first reading and advancement to second and final reading:
a. School District Impact Fees (See 8.a.)
b. Title IV (Development Regulations) Docket #D-97; Administrative Code Interpretation (See
8.b.)
c. Title IV (Development Regulations) Docket #D-98; Road and Right-of-Way Standards for
Infill Lots (See 8.b.)
10.NEW BUSINESS
(Includes Council Committee agenda topics; call 425-430-6512 for recorded information.)
11.AUDIENCE COMMENT
Page 2 of 251
12.ADJOURNMENT
COMMITTEE OF THE WHOLE AGENDA
(Preceding Council Meeting)
7TH FLOOR CONFERENCING CENTER
December 9, 2013
Monday, 5:30 p.m.
Regional Issues (briefing);
Emerging Issues in Fire & Emergency Services Department (briefing);
Initial Discussion on Frequency of Council Meetings (will be continued on 1/6/2014)
• Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk •
CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST:
Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM
Page 3 of 251
4a. - Adoption of Issaquah, Kent, and
Renton School District Impact Fees and Page 4 of 251
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Certification of 11/5/2013 General Election
Results by King County Elections
Meeting:
Regular Council - 09 Dec 2013
Exhibits:
Certification by King County - Official Final Results
for 11/5/2013 General Election
Submitting Data: Dept/Div/Board:
City Clerk
Staff Contact:
Bonnie Walton, City Clerk ext. 6502
Recommended Action:
Information
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The 2013 General Election results have been canvassed by the King County Canvassing Board of
Election Returns. The certified results are:
Council Position No. 1, 4-year term – Randy Corman 11,994 ELECTED
Council Position No. 2, 4-year term – Stuart Avery 5,625
Armondo Pavone 8,981 ELECTED
Council Position N0. 6, 4-year term – Beth Asher 6,085
Terri Briere 8,163 ELECTED
Municipal Court Judge, 4-year term – Terry L. Jurado 11,382 ELECTED
STAFF RECOMMENDATION:
n/a
7c. - City Clerk submits 11/5/2013
General Election certification from King Page 5 of 251
7c. - City Clerk submits 11/5/2013
General Election certification from King Page 6 of 251
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Amendments to the Parking Garage Agreement
and the Parking Garage and Area Maintenance,
Operation and Management Agreement for The
Landing
Meeting:
Regular Council - 09 Dec 2013
Exhibits:
Draft First Amendment to the Parking Garage and
Area Maintenance, Operation and Management
Agreement
Description of New Site Amenities
Resolution Authorizing Amendments to The
Landing Parking Garage Agreements
Submitting Data: Dept/Div/Board:
City Attorney
Staff Contact:
Larry Warren, x6484
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The City and Transwestern Harvest Lakeshore, L.L.C., now known as Pearlmark Harvest Lakeshore, L.L.C.
(“PHL”), entered into a Parking Garage Agreement for The Landing and Addendum 1 to Parking Garage
Agreement for The Landing, and a Parking Garage and Area Maintenance, Operation and Management
Agreement (the “O & M Agreement”).
The parties wish to enter into an addendum to the Parking Garage Agreement as they have agreed that
certain site amenities would be as beneficial or more beneficial at The Landing than the sign tower that
was required on the premises. Also, currently no assigned parking is provided for, and the parties have
agreed to allow 18 parking spaces on the roof of the parking garage to be reserved for Providence
(Swedish) Medical Center.
The parties also wish to enter into an Amendment to the O & M Agreement to extend the initial term
from 2044 through 2094 and allow PHL the option to purchase the parking garage under certain terms
and conditions at both the end of the term and potential termination of use, as described in the
Amendment.
STAFF RECOMMENDATION:
Authorize the Mayor and City Clerk to enter into Addendum 2 to the Parking Garage Agreement for The
Landing and the First Amendment to the Parking Garage and Area Maintenance, Operation and
Management Agreement, essentially on the terms of the draft Amendment to the O & M Agreement,
and the description of new site amenities, attached.
7d. - City Attorney
Department submits amendments to the
Page 7 of 251
7d. - City Attorney
Department submits amendments to the
Page 8 of 251
7d. - City Attorney
Department submits amendments to the
Page 9 of 251
7d. - City Attorney
Department submits amendments to the
Page 10 of 251
7d. - City Attorney
Department submits amendments to the
Page 11 of 251
7d. - City Attorney
Department submits amendments to the
Page 12 of 251
7d. - City Attorney
Department submits amendments to the
Page 13 of 251
DESCRIPTION OF NEW SITE AMENITIES
•Approval of proposed improvements to satisfy requirement of sign tower or other
mutually agreed upon signature amenity at a cost not to exceed $400,000.
o Monumental, commissioned "sundial" metal sculpture will be installed in
existing roundabout, surrounded by lighted stone (or metal) perimeter
accents and low-profile landscaping; total budget approximately $225,000.
o Existing outdoor fireplace in public courtyard at theatre entrance to be
replaced with custom designed/constructed low-profile fireplace and public
seating areas; total budget approximately $175,000.
•Agreement for PHL to allow specific tenant to reserve 18 parking spaces on the roof
of the Parking Garage, with signage to be provided by PHL.
•These improvements should be capital improvements and not such things as
portable furniture.
•Savings from one project may be used to support the other project up to the total of
$400,000. That is, if one project is under cost the savings can and should be used to
support the other project.
7d. - City Attorney
Department submits amendments to the
Page 14 of 251
1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AMENDMENTS TO THE PARKING
GARAGE AGREEMENT AND THE PARKING GARAGE AND AREA MAINTENANCE,
OPERATION AND MANAGEMENT AGREEMENT FOR THE LANDING.
WHEREAS, the City and Transwestern Harvest Lakeshore, L.L.C., now known as
Pearlmark Harvest Lakeshore, L.L.C. (“PHL”), entered into a Parking Garage Agreement for The
Landing and Addendum 1 to Parking Garage Agreement for The Landing (collectively referred to
as the “Parking Garage Agreement”); and
WHEREAS, the parties also entered into a Parking Garage and Area Maintenance,
Operation and Management Agreement (the “O & M Agreement”); and
WHEREAS, the Parking Garage Agreement contained a requirement that PHL install a
sign tower on the premises for a cost not to exceed $400,000 within one year after PHL obtains
90% lease occupancy; and
WHEREAS, the parties have agreed that certain site amenities would be as beneficial or
more beneficial than the sign tower; and
WHEREAS, a description of the new site amenities is attached hereto as Exhibit 1; and
WHEREAS, the Parking Garage Agreement provided for no assigned parking; and
WHEREAS, the parties have agreed to allow 18 parking spaces on the roof of the parking
garage to be reserved for Providence (Swedish) Medical Center; and
WHEREAS, the O & M Agreement provided an initial term through 2044 with year by
year extensions; and
7d. - City Attorney
Department submits amendments to the
Page 15 of 251
RESOLUTION NO. ________
2
WHEREAS, the parties wish to extend that initial term through 2094; and
WHEREAS, the City has certain rights to terminate the O & M Agreement or take other
actions; and
WHEREAS, the parties have agreed to allow PHL the option to purchase the parking
garage under certain terms and conditions at the end of the term and potential termination of
use; and
WHEREAS, the First Amendment to the O & M Agreement extending the initial term and
providing the options to purchase is attached hereto as Exhibit 2;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I.The above recitals are found to be true and correct in all respects.
SECTION II.The Mayor and City Clerk are hereby authorized to enter into Addendum
2 to the Parking Garage Agreement for The Landing in essentially the terms attached hereto as
Exhibit 1.
SECTION III. The Mayor and City Clerk are hereby authorized to enter into the First
Amendment to the Parking Garage and Area Maintenance, Operation and Management
Agreement in essentially the form attached hereto as Exhibit 2.
PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2013.
______________________________
Bonnie I. Walton, City Clerk
7d. - City Attorney
Department submits amendments to the
Page 16 of 251
RESOLUTION NO. ________
3
APPROVED BY THE MAYOR this ______ day of _____________________, 2013.
______________________________
Denis Law, Mayor
Approved as to form:
______________________________
Lawrence J. Warren, City Attorney
RES.1623:12/5/2013:scr
7d. - City Attorney
Department submits amendments to the
Page 17 of 251
EXHIBIT 1
DESCRIPTION OF NEW SITE AMENITIES
• Approval of proposed improvements to satisfy requirement of sign tower or other
mutually agreed upon signature amenity at a cost not to exceed $400,000.
o Monumental, commissioned "sundial" metal sculpture will be installed in
existing roundabout, surrounded by lighted stone (or metal) perimeter
accents and low-profile landscaping; total budget approximately $225,000.
o Existing outdoor fireplace in public courtyard at theatre entrance to be
replaced with custom designed/constructed low-profile fireplace and public
seating areas; total budget approximately $175,000.
• Agreement for PHL to allow specific tenant to reserve 18 parking spaces on the roof
of the Parking Garage, with signage to be provided by PHL.
• These improvements should be capital improvements and not such things as
portable furniture.
• Savings from one project may be used to support the other project up to the total of
$400,000. That is, if one project is under cost the savings can and should be used to
support the other project.
7d. - City Attorney
Department submits amendments to the
Page 18 of 251
7d. - City Attorney
Department submits amendments to the
Page 19 of 251
7d. - City Attorney
Department submits amendments to the
Page 20 of 251
7d. - City Attorney
Department submits amendments to the
Page 21 of 251
7d. - City Attorney
Department submits amendments to the
Page 22 of 251
7d. - City Attorney
Department submits amendments to the
Page 23 of 251
7d. - City Attorney
Department submits amendments to the
Page 24 of 251
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Appointment to Lodging Tax Advisory Committee
Meeting:
Regular Council - 09 Dec 2013
Exhibits:
n/a
Submitting Data: Dept/Div/Board:
Community and Economic Development
Staff Contact:
Cliff Long
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ Transfer Amendment: $
Amount Budgeted: $ Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Resolution #3288 established the Renton Lodging Tax Advisory Committee and authorizes Council to
review the membership annually and fill any committee vacancies. Appointment of Brad Knutson,
General Manager of Holiday Inn Seattle/Renton, is requested. Mr. Knutson fills the vacancy left by
Kathy Madison, General Manager of Hilton Garden Inn.
STAFF RECOMMENDATION:
Appoint Brad Knutson, General Manager of Holiday Inn Seattle/Renton, to the Renton Lodging Tax
Advisory Committee, replacing Kathy Madison.
7e. - Community and Economic
Development Department recommends Page 25 of 251
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Professional Services Agreement with PND
Engineers, Inc. - Riverview Bridge Replacement
Meeting:
Regular Council - 09 Dec 2013
Exhibits:
Site Map
Photos of Existing Bridge
Professional Services Agreement
Scope of Services
Submitting Data: Dept/Div/Board:
Community Services
Staff Contact:
Leslie Betlach, X-6619
Recommended Action:
Council Concur
Fiscal Impact:
Expenditure Required: $ 196,923 Transfer Amendment: $
Amount Budgeted: $ 1,167,000 Revenue Generated: $
Total Project Budget: $ 1,167,000 City Share Total Project: $ 196,923
SUMMARY OF ACTION:
The Riverview Park bridge is over fifty years old and serves as an access point to the Cedar River Trail,
Riverview Park and over 250 acres of natural area. The bridge has been remodeled and structurally
repaired multiple times and in 2012 was rated in poor condition and at the end of its useful life by PND
Engineers, Inc. In 2013 the City successfully secured state Captial Budget monies as a direct
appropriation from the legislature and entered into a contract with the State Department of Commerce to
accept the grant funding for design and construction improvements related to the bridge removal and
replacement, habitat planting and interpretive signage. Total available funding for the project is
$1,167,000 and is budgeted in 316.332041.020.594.76.63.000-Riverview Park Bridge Replacement. The
City is proposing to enter into a contract with PND Engineers, Inc. for professional design services to
prepare construction drawings, specifications, bid documents and field observation for the bridge
removal and replacment and habitat planting in the amount of $196,923. The maximum fee amount will
not be exceeded without prior written approval from the City. Engineering services include field surveys,
geotechnical investigation, biological evalution, stream assessment, landscape design for habitat
planting, utility locate services, and permit support (local, state and potentially federal). The contract will
be a two-year contract with the projected construction timeframe in the summer of 2015. The
interpretive signage design will be under a separate contract and is estimated at $15,000.
STAFF RECOMMENDATION:
Authorize the Mayor and the City Clerk to execute the Agreement.
7f. - Community Services Department
recommends approval of a contract with Page 26 of 251
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1 October 10, 2013
EXHIBIT A - SCOPE OF WORK
Riverview Bridge Replacement
Engineering and Permitting Services
October 11, 2013
PACKAGE REVISED November 21, 2013
(A) SCOPE OF SERVICES:
INTRODUCTION
This scope of work describes engineering, permitting and landscape architecture services associated with
replacement of the Riverview Park Bridge at 2901 Maple Valley Highway in the City of Renton, Washington.
This scope includes design and permitting services for complete replacement of the support structures,
abutments, deck and approaches, utilities, and construction support as further described below.
PND’s work will be based on drawings, grant funding and background information provided by City of Renton
Parks Planning and Natural Resources (Client).
Services provided as part of this scope are summarized below and a more detailed description is included in the
task summaries. Permitting services are limited to those described herein.
PND proposes to perform this work on a time and materials basis for a maximum fee of $196,923. The fees
shown are estimates and actual fees and expenses including mark-up will be submitted monthly for invoicing.
SCOPE OF WORK
TASK 1. Preliminary Engineering
PND will start this work effort by obtaining the field information necessary to establish the desired horizontal
alignment and grade and will be supported by the following consultants:
PND will sub-contract with APS to perform field surveys (See the attached SOW and proposed fee from
APS).
PND will sub-contract with Pentec-Hart Crowser for the BE, Stream Assessment, and permit support
(See the attached SOW and proposed fee from Pentec-Hart Crowser).
PND will sub-contract with MacLeod Reckord to assist with landscaping for the project (See the
attached SOW and proposed fee from MacLeod Reckord.)
PND will contract with a separate company, also known as Applied Professional Services (APS) that will
perform private utility locate services.
PND will then utilize the survey information as the background for the base sheets for the project drawings.
A geotechnical investigation will be conducted hiring a local drill company. A PND geotechnical engineer will
log the boreholes gathering soil information for the design. One (1) borehole will be drilled, logged and assessed
at each abutment location (2 holes total) and summarized in a Geotechnical Report to assist in the selection of
7f. - Community Services Department
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Scope of Work Riverview Bridge Replacement: Engineering & Permitting Services
2 of 6 October 11, 2013
REVISED NOVEMBER 21, 2013
the foundation design for the new structure. The drilling investigation will be conducted using mud rotary drilling
techniques. Drilling will be conducted to a maximum depth of 75 feet with sampling at 5-foot intervals to 50
feet and 10 foot intervals below 50 feet. Samples will be taken using split spoon sampling procedures to obtain
disturbed samples. If soft soils are encountered Shelby tube samples will be used to obtain relatively undisturbed
samples. Representative samples will be tested for general soil index properties. If soft cohesive soils are
encountered shear strengths will be assessed as part of the field or laboratory testing program. It is anticipated
that a spread footing, a pile footing or perhaps a rock anchor footing could be utilized, depending on the existing
conditions at the site. PND will use APS utility locate service to confirm the location of utilities prior to drilling
and will also contact the statewide utility location service prior to drilling. The drill firm will submit the necessary
state forms prior to drilling. All cuttings will be disposed of in a 55-gallon sealed barrel and transmitted to a legal
upland disposal site. Holes will be sealed with Bentonite Gel and Enviroplug grout or bentonite pellets at the
completion of drilling to ensure cross contamination of underground aquifers does not occur.
PND will develop the Plans to a 30% design level for the replacement truss-system bridge utilizing the surveying
and geotechnical information. This will be sufficient to estimate project budgets, major construction elements
and move forward with permitting documents. Permit documents include the JARPA, SEPA/NEPA, Biological
Assessment, Shorelines and Building permit applications.
The preliminary design Plans will also include the necessary site/civil improvements required to complement the
installation of the new bridge. These include relocation or reattachment of the utilities that are attached to the
current bridge, decommissioning of utilities and their supports if no longer required (excluding the adjacent
electrical pole) and landscaping features to integrate the new construction. The design will also evaluate the
demolition requirements to the bridge; and impacts to shore protection and need for any added shore protection.
TASK 2. Permit and Review Services
PND will act as the agent for the Client in preparing, submitting and coordinating responses to review comments.
This scope and budget includes preparation of responses and additional information for a single round of
comments/information requests by each agency. Additional studies and /or evaluations beyond those outlined
in this scope are not anticipated or included. Specifically, this task includes the following:
A. Permit Pre-Application Coordination. The location and replacement nature of this project may allow for
exemptions from certain permits. In order to confirm exemption status, PND will coordinate with the
various agencies prior to submittal for any permits. This includes one pre-application meeting with the City
of Renton Community and Economic Development Department.
B. JARPA Package. PND will prepare permit documents and application for submittal of a Joint Aquatic
Resources Project Application (JARPA). Permit application and drawings will be based on the information
provided by Client. The permitting effort includes preparation and coordination of application form,
drawings, and support documentation required for intake. This task includes the following:
1. Hydraulic Project Approval (HPA) permit from the Washington Department of Fish & Wildlife
(WDFW) application will be made with the JARPA application and drawings. Please note that
WDFW will not commence review until issuance of SEPA determination. Pentec-Hart Crowser will
provide assistance in negotiating work windows with regard to presence of federally and state listed
species in the Cedar River.
2. U.S. Army Corps of Engineers Permit(s). Initial conversations with the Corps (Lori Lull, April 2012)
indicate that the bridge site is beyond Section 10 jurisdictional boundaries. A Section 404 permit
may be required depending on the final design location of the abutments and whether any material
will be removed or placed below Ordinary High Water. Therefore, included in this scope is submittal
of the JARPA application to the Corps for Section 404 review. It is anticipated that consultation
7f. - Community Services Department
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Scope of Work Riverview Bridge Replacement: Engineering & Permitting Services
3 of 6 October 11, 2013
REVISED NOVEMBER 21, 2013
with the federal services with regard to the Endangered Species Act will be required. A Biological
Evaluation (BE) for impacts to listed species and their habitat will be prepared.
3. Biological Evaluation. PND will subcontract with Pentec-Hart Crowser to prepare a BE for Section
7 Endangered Species Act (ESA) consultation as required for federal permitting if it is required. The
BE is also required for the SEPA review by the City as described below.
4. Department of Natural Resources (DNR). Coordination with DNR may be necessary regarding
work within State waters. DNR will be included in the JARPA distribution.
C. City of Renton Permits. PND will prepare permit documents and application for submittal to the City of
Renton for Land Use and Building permits. This effort includes preparation and coordination of application
forms, drawings, and support documentation required for intake. Based on preliminary conversations with
Laureen Nicolee and Jennifer Henning in April 2012, and subsequent conversation with Vanessa Dolbee in
August 2013, the project may be exempt from certain Land Use and Environmental permits.
This task includes the following:
1. State Environmental Policy Act (SEPA) checklist will be prepared for submittal to the City of
Renton. Task includes preparation of a complete application package including SEPA checklist and
supporting documentation. The BE prepared under item B.3 above will also be part of the SEPA
review package.
2. Shoreline Permit Exemption request will be submitted to the City of Renton. However, in the event
that a Shoreline Substantial Development permit is deemed necessary by the City, included in this
scope is a complete application package including drawings and supporting documentation.
3. Critical Areas review will be required. The City’s review requires preparation and submittal of a
stream study which will be prepared by Pentec-Hart Crowser. It is assumed that the Geotechnical
Report prepared under Task 1 will be sufficient to meet the City’s requirement for a steep slope
analysis.
4. Building Permit submittal will be made based on the engineering design plans per Task 3. This
submittal will include grading and structural plans sufficient for City for review. If necessary,
Grading permit review would be included as part of the Building Permit review.
D. Processing, Coordination and Responding to Comments: PND’s team will coordinate with City, State
and Federal staff on all documentation throughout the process. Scope includes responding to one round of
comments from each agency.
TASK 3. Final Engineering Design.
Upon receiving approval of the Preliminary Design and initial feedback from the agencies, PND will continue
with this task of final design. PND, with assistance from MacLeod Reckord, will develop a complete set of
construction drawings (General Notes and Specifications to be included on the Plan Set) accompanied by an
Engineer’s construction cost estimate for final approval by the City. Interim updates will be provided at 60%,
90% & 100% design levels to document project progress and conformity with the City’s desires. At the
conclusion of this task, a set of Project Calculations and Supporting Soils report will also be provided.
TASK 4. Construction Bidding, Inspection and Administration Services.
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Scope of Work Riverview Bridge Replacement: Engineering & Permitting Services
4 of 6 October 11, 2013
REVISED NOVEMBER 21, 2013
Upon acceptance of the final construction drawings, PND will assist the City with the development of the Bid
Manual. PND will be responsible for providing any additional project technical specifications and bid description
items for inclusion into the Project Bid Manual as developed by the City.
After the bids have been received, PND will assist the City with review of the bids and provide a recommendation
as requested.
It is our understanding that the City will provide Construction Administration for the project. After bid award,
PND will assist the City with the Administration Support, Submittal Review and Inspection services. At this
time PND estimates this work to include the following work items:
1. Pre-construction meeting
2. Project Submittal reviews
3. Fabrication Inspection of Bridge Components
4. Periodic Site Inspections (6 total)
a. North Abutment
b. South Abutment
c. Bridge Structure Installation
d. Bridge Components
e. Project Overview
f. Final Punch List Items
ASSUMPTIONS
The following are assumptions made in preparing the scope of work and fee estimate:
1. The proposed work does not include expansion of the existing footprint of the bridge’s overwater
coverage and assumes no support structures will be built in the riverbed.
2. Site and project information will be provided by others in electronic format and in a timely and thorough
manner in order to allow PND to conduct and complete its work efficiently.
3. Client is responsible for all permit fees.
4. Property ownership, including submerged lands affected by the proposed work, allows the proposed
project.
5. The Geotechnical Report will be sufficient to serve as a Steep Slope Analysis required for the City’s
Critical Areas review.
6. Periodic inspections will be performed during the project. If additional inspections are required or
requested by the City this work will be covered by written amendment.
7. The City will provide ownership information in order to prepare a “Start Card” that must be submitted
to the State of Washington prior to the start of drilling. PND will prepare the application form and the
driller will submit to the State of Washington prior to the start of drilling.
8. PND will provide necessary pdf copies of the PS&E documents, permits, reports, and supporting
documentation by electronic files only. PND will also provide original Autocad files at the Clients
request.
9. PND will use our standard rate schedule to invoice actual costs for labor. Costs for Subconsultant work
will be billed at cost plus 10 percent mark-up.
10. Maximum fees will not be exceeded without the written approval of the City.
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Scope of Work Riverview Bridge Replacement: Engineering & Permitting Services
5 of 6 October 11, 2013
REVISED NOVEMBER 21, 2013
EXCLUSIONS
PND excludes the following items from their scope of work:
1. All items not listed as included above in scope of work or in the attached statement of work activities
provided in the attached Subconsultant documentation.
2. Separate mitigation and habitat restoration design plan, installation plan, or monitoring plans not
mentioned above or included in MacLeod Reckord scope.
3. NEPA documentation is not included as part of this scope.
4. Section 106 survey, report and consultation coordination is not included in this scope.
5. Electrical design or construction work.
6. Removal / decommissioning of any electrical lines or associated structures.
7. Fees for preparation of printed copies of bid documents. It is assumed all external fees other than those
included in the cost estimated are not covered as part of this work.
CLIENT-PROVIDED INFORMATION
The Client shall provide to PND the following items:
1. Existing information on current site conditions and other available data which will assist in preparation
of permit drawings.
2. Ownership information including legal descriptions for the property for completion of necessary “Start
Card” to submit to the State of Washington prior to the start of drilling.
3. Access will be provided to the property as necessary.
DELIVERABLES
Description Deliverable
Preliminary Engineering Design (1) Draft 11x17 PDF Copy and PDF geotechnical
report
JARPA Permit Drawings and Application (1) 8.5x11 PDF Copy
City Permit Package (1) various sizes, PDF Copy
Final Construction Drawings, Soils Report,
Engineering Calculation Package
(1) 11x17 PDF Copy for Drawings
(1) various sizes, PDF Copy for Final Reports
Bid-Ready Plans & Specifications (1) Hard Copy of Plans and Specs, (1) PDF Copy
Construction Inspection Reports 8.5x11 PDF Copies
SCHEDULE
Following confirmation of this agreement by the Client, PND agrees to perform the above-described services
and to diligently pursue the project and make every reasonable effort to finish all items in a timely manner.
Attached is a proposed schedule for the project. PND may refine this schedule based on further discussion with
the reviewing agencies and City. Time frame may vary depending on agency response and issuance of SEPA and
Shorelines Exemptions determination by the City. A preliminary schedule for completion of the work is attached.
PERSONNEL
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Scope of Work Riverview Bridge Replacement: Engineering & Permitting Services
6 of 6 October 11, 2013
REVISED NOVEMBER 21, 2013
PND’s key personnel for the project include:
Mike Hartley, Principal-in-Charge and QA review, Engineer of Record
Laura Gurley, Project Manager
Mitchell Berg, Bridge Design
FEES
PND will provide these services on a time and materials basis for a maximum budget of $196,923 as detailed in
the cost proposal. Work will be performed according to the attached rate schedule.
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PROJECT TIMELINE
PND Engineers, Inc.8/28/2013 ……..
Sep HOLD Mar Apr May Jun July Aug Sep Oct Nov
Task Description Duration 15 22 29 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26 2 9 16 23 2 9 16 23 30 6 13 2 27 4 11 18 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 …….. 1 8 15 22 29 5 12 19 26 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 4 11 18 25 1 8 15
Cultural Resources Survey 13 weeks
Department of Commerce and City Contracting 11 weeks
Site Inventory Items
Topographic survey field/office work 3 weeks
Geotechnical field work & report 4 weeks
Permitting (durations are estimated)
Stream Assessment 2 weeks
Biological Evaluation 3 weeks
State/Federal permitting 6 mos
City Land Use (SEPA/Shorelines) permitting 8 weeks
City Building/Grading/Structural Permit 10 weeks
Engineering/Design
Preliminary engineering (30%)/permit drawings 4 weeks
Interpretive Signage Design & Review 16 weeks
Engineering design (60%)/City comments 10 weeks
Engineering design (90%)/City comments 5 weeks
Engineering (100%) final plans & specifications 4 weeks
Draft bid document preparation 4 weeks
Final bid document preparation 2 weeks
Bidding 4 weeks
Project closeout and as‐builts 2 weeks
Construction
Project award / Contractor NTP June 28, 2015
Bridge fabrication 12 weeks
Contractor mobilization 1 week
Site work and utilities 9 weeks
Agency In‐water work window July 1 ‐ Aug 31
Demolition 4 weeks
Bridge and footing construction / installation 5 weeks
Construction completion Oct 11, 2015
Interpretive Signage Installation 1 week
Post‐Construction
Restoration Monitoring 5 years
City of Renton, Riverview Park Bridge Replacement
2013
Sept Oct Nov Dec Jun July
2014 2015
Jan AugFeb Mar Apr May
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PROJECT TITLE: RIVERVIEW PARK BRIDGE REPLACEMENT Revised: 11/21/13
CLIENT: CITY OF RENTON PARKS DEPARTMENT
JOB NUMBER: 134057.01
LABOR:
Task Item
Senior
Eng VII
Senior
Eng VI
Senior
Eng IV
Senior
Eng III
Senior
Eng II
Staff Eng
III
Staff Eng
II
Sr. Envir
Scientist
CAD
Designer
V Tech IV Tech II Total Labor
No. Task (Scope of Services) 180.00 165.00 140.00 130.00 120.00 95.00 90.00 105.00 95.00 90.00 70.00 Hours Cost
1 Preliminary Engineering
Concept Development & Field Investigations 8 40 40 20 4 112 12,020.00
Subtotal 12,020.00
2 Permit Services
A. Pre-Application Coordination 2 6 4 12 1,270.00
B. Biological Evaluation Coordination 8 4 12 1,220.00
C. JARPA 2 8 40 8 58 6,280.00
D. City Permits (Shorelines, SEPA, Building) 2 8 16 16 42 4,520.00
Subtotal 13,290.00
3 Final Engineering Design
Construction Drawings & Specifications 40 180 150 100 8 478 52,360.00
Soils Report 32 16 8 16 4 76 10,160.00
Subtotal 62,520.00
4 Construction Bidding, Inspection and Admin Services
Prepare Bid Documents 10 40 20 70 8,500.00
Fabrication Observation 8 40 40 88 10,040.00
Field Observations 16 40 40 96 11,480.00
Administration 20 4 24 3,880.00
Project Closeout 5 30 20 20 75 8,200.00
Subtotal 42,100.00
Labor Subtotal 1450004021002107017616241143 129,930.00
TOTAL PND LABOR 129,930.00$
EXPENSES:
Cost Expenses
Item Quantity Unit per Unit Markup Cost
Mileage 500 Mile 0.555 1.1 310.00
Per Diem 0 Day 135.000 1.1 0.00
Miscellaneous All Req'd.1.1 500.00
Courier Service 10 Units 25.00 1.1 280.00
Plotting/Printing/Microfiche 1 All 200.00 1.1 220.00
TOTAL EXPENSES 1,310.00$
SUBCONSULTANTS:
Subcontract Subcon.
Amount Markup Cost
Driller 10,000 1.1 11,000.00
APS Survey & Mapping 8,499 1.1 9,348.90
Pentec-Hart Crowser (BE, Stream Assmnt, and permit support) 17,000 1.1 18,700.00
MacLeod Reckord (Landscape Architecture)24,213 1.1 26,634.30
TOTAL SUBCONSULTANTS 65,683.20$
Total - Labor 129,930.00
Total - Expenses 1,310.00
Total - Subconsultants 65,683.20
TOTAL - 196,923.20$
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Professional:Senior Engineer VII $180.00
Senior Engineer VI $165.00
Senior Engineer V $150.00
Senior Engineer IV $140.00
Senior Engineer III $130.00
Senior Engineer II $120.00
Senior Engineer I $110.00
Staff Engineer V $105.00
Staff Engineer IV $100.00
Staff Engineer III $95.00
Staff Engineer II $90.00
Staff Engineer I $85.00
Senior Scientist $110.00
Senior Environmental Scientist $105.00
Environmental Scientist $90.00
GIS Specialist $90.00
Surveyors:Senior Land Surveyor $105.00
Land Surveyor I $95.00
Technicians:Technician VI $125.00
Technician V $105.00
Technician IV $90.00
Technician III $80.00
Technician II $70.00
Technician I $45.00
CAD Designer V $95.00
CAD Designer IV $85.00
CAD Designer III $70.00
PND ENGINEERS, INC
STANDARD RATE SCHEDULE
EFFECTIVE MAY 2013
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Bringing the world to your desk
13221 SE 26th Street, Suite A Bellevue, WA 98005 Tel: (425) 746-3200 Fax: (425) 746-3342 www.apssm.com
August 21, 2013
Laura Gurley
Environmental Sciencist
P|N|D Engineers, Inc.
811 First Avenue, Suite 570
Seattle, WA 98104
Phone 206.624.1387
Cell 206.450.2617
lgurley@pndengineers.com
Re: Design Survey for the Riverview Park Bridge Project
SW ¼ of Section 16, T23N, R05E, Renton, WA
David:
In response to your request for proposal for the Riverview Park Bridge project, I submit the
following:
Scope-of-Work
A. Based on the Title Report furnished to us by the City of Renton, APS Survey & Mapping
will determine and map the North-Northeasterly boundary line of the Park as it passes
through the areas referenced as the “Project Limits” on the Project Location Map.
B. APS will create a topographic survey of the “Project Limits” lying North-Northeast of the
Cedar River (a irregular area approximately 525 feet long and encompassing ±0.5 acres) and
the Limits lying South-Southwest of the Cedar River (a irregular area approximately 1000
feet long and encompassing ±1.3 acres). The survey and mapping specifications follow:
1. The mapping limits abutting the Cedar River will consist of one observation on the
“edge of vegetation” and a rod shot to the bottom of the Cedar River approximately 1-
foot into the River.
2. The mapping will be based on Washington State Plane Coordinates, North Zone,
expressed in US Survey Feet as derived from NAD83/07 data and NAVD88/07 vertical
datum.
3. The drawing will be at a scale of 1”=50’ and will reflex 1-foot contour intervals. Spot
Elevations will be mapped at approximately 50-foot intervals.
4. The survey will outline areas of vegetation such as bushes and trees. Those trees equal
to or larger than 6 inches in diameter at chest height will be observed and mapped
individually; indicating the size and type of tree. Our surveyors are not dendrologists,
but will make an educated guess as to the colloquial name of the trees.
5. APS Survey & Mapping will not be entering into the Cedar River and will not be
conducting a hydrographic survey of the site.
6. APS will locate visible utilities within the Site area. We will not be hiring a subsurface
utility locate company as part of this survey. We will not be entering into any manholes
or subsurface structures.
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APS Survey & Mapping
August 21, 2013
Page 2
13221 SE 26th Street, Suite A Bellevue, WA 98005 Tel: (425) 746-3200 Fax: (425) 746-3342 www.apssm.com
7. Though APS will be showing the Parks Property line as it passes through the area, we
will not be setting corners.
8. APS Survey & Mapping will have unrestricted access to the site.
C. The final deliverables will be one set of bond copies of the survey and a disk containing the
AutoDESK dwg file and a Adobe pdf file of the drawing. Prior to beginning the survey,
APS will need to be instructed to do all the mapping in 3D [internally]; otherwise all the
mapping will be in standard AutoDESK 2D format [internally].
Cost Estimate:
Establish Control 8 hours x 2 person crew = $1,216
Uplands Topography = 24 hours x 2 people = $3,648
Note reduction and AutoDESK 2011 Mapping = 30 hours = $2,640
Project Management and review = 10 hours x a Professional Land Surveyor = $995
Total Lump Sum Cost for Site = $8,499
Schedule
APS will mobilize within 2 working days of Notice-to-Proceed and complete the mapping within
9 workings days
If you have questions or concerns please call me at 425 746 3200.
Sincerely,
APS Survey and Mapping
Tyler J. Sweet, PLS
President
7f. - Community Services Department
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120 Third Avenue South, Suite 110
Edmonds, Washington 98020-8411
Fax 425.778.9417
Tel 425.775.4682
October 15, 2013
Laura Gurley
PND Engineers, Inc.
1736 Fourth Avenue S, Suite A
Seattle, WA 98134
Re: Scope of Work and Cost Estimate for Biological Evaluation, Stream Assessment, and
Permitting Support – Riverview Park Bridge Replacement Project
14-4-1600-009
Dear Laura:
We are pleased to provide you with our proposed scope of work and cost estimate for preparing a
biological evaluation, stream assessment, and providing permitting support for the construction of
the City of Renton’s Riverview Park Bridge Replacement project. The project will be constructed on
the Cedar River, located in Renton, King County, Washington. Since this project crosses a stream
with Endangered Species Act (ESA)-listed salmonids and may impact sensitive stream and riparian
habitats, these studies and tasks are necessary to obtain all necessary environmental permits.
SCOPE OF WORK
Costs associated with preparing the proposed biological evaluation, stream assessment, and
permitting support can be broken down into the following tasks.
Task 1 – Biological Evaluation
A Biological Evaluation (BE) will be prepared and submitted to the appropriate agencies in order to
obtain necessary permits and ESA concurrence. The BE will be prepared using the latest US Army
Corps of Engineers (USACE) guidance and templates. The document will provide:
A detailed project description narrative and engineering drawings;
Determination of an action area that encompasses all potential project-related effects;
Information and data on the presence and use of ESA-listed species within the project and
action areas;
Description of baseline habitats and existing conditions within the action area;
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PND Engineers 14-4-1600-009
October 15, 2013 Page 2
Effects analyses for all project components and all ESA-listed species;
An effects determination for all ESA-listed and proposed species by NOAA Fisheries and the US
Fish and Wildlife Service (the Services);
An analysis of the potential effects to existing and proposed critical habitat designations in the
study area; and
An evaluation of Essential Fish Habitat, an additional requirement of NOAA Fisheries.
We will respond to two rounds of comments, typically one round from the USACE and another
from the Services.
We will rely on PND Engineers to provide all engineering drawings; construction methods,
sequencing, and best management practices; and volume and area calculations for construction
materials and staging areas.
It is our understanding that the location and replacement nature of the project may allow for
exemptions from certain permits. If a BE is not required, it is likely that much of the information,
data, and analyses will be necessary for the permitting process. In this case, we will work closely
with PND and the regulatory agencies to tailor required information, data, and analyses to fit the
needs of the regulatory agencies. If a BE is not required, this task will be combined with Task 3
(Permitting Assistance) to provide permitting support to PND, as required.
Estimated Cost for Task 1: $7,500
Task 2 – Stream Assessment
Hart Crowser biologists will complete a site visit to observe and characterize the Cedar River and
associated riparian zone including fish and wildlife habitat conservation areas, sensitive fish habitats
(spawning and rearing areas), vegetation, wetlands, stream banks, and existing slopes within 300
feet of the project footprint. The ordinary high water mark within the project area will be
determined and flagged. Prior to our site visit, we will review existing reports and studies, ESA/state
priority species/sensitive/high-quality documented species and habitats, aerial photographs,
local/regional management plans, and other relevant and readily accessible information. We will
also identify the specific requirements of a Stream Assessment Report as outlined in the Renton
Municipal Code.
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PND Engineers 14-4-1600-009
October 15, 2013 Page 3
Following our site visit, we will prepare a Stream Assessment that meets the requirements of the
Renton Municipal Code.
We anticipate that our stream assessment will cover the following:
Observed stream and fish habitats, documented and potential fish use, and critical areas and
their classification within the action area;
Characterization of riparian and wetland habitats associated with the Cedar River in the project
and action areas;
Qualitative steep slope analysis;
Regulatory requirements for identified sensitive or critical habitats; and
Potential impacts of the project to stream, wetland, and associated riparian habitats.
Existing survey or base maps, figures, and project information will also be used to produce a habitat
map of stream and sensitive habitats in the project and action areas using our in-house, computer-
aided design capabilities.
Our document will serve as a Stream Assessment submittal to local and possibly state and federal
regulatory agencies, and for use in providing sensitive habitat information and data for the
permitting process. We will respond to two rounds of comments from each agency to finalize the
document.
The scope of this stream assessment does not include quantitative steep slope or geotechnical
analyses. If such an assessment is necessary, a separate scope of work will be prepared for this
work.
Estimated Cost for Task 2: $6,500
Task 3 – Permitting Assistance
We will provide PND with permitting assistance and will work with the USACE, the Services, and
state and local agencies to identify environmental and regulatory constraints and opportunities for
streamlining the permit process for the project. This will include evaluating the possibility of
exemptions from permit process requirements resulting from maintenance or repair exclusions and
negotiating with regulatory agencies to achieve the most favorable permitting situation for the
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PND Engineers 14-4-1600-009
October 15, 2013 Page 4
project. We will use the analyses from the BE, stream assessment, and professional judgment to
determine and negotiate with agency personnel appropriate and cost-effective conservation
measures, work windows, and other actions to meet permitting and City of Renton requirements.
It is anticipated that several meetings with agency personnel may be required to obtain the
necessary permits in a timely fashion. For this task, we have budgeted a conservative three
meetings at PND, the site, or the agency of interest, and associated agency correspondence. If
additional meetings or correspondence are necessary, we will request a change order and will not
conduct additional work until authorization is received.
Estimated Cost for Task 3: $3,000
TOTAL ESTIMATED COST AND TERMS
The total estimated cost for the preparation of the proposed work as described will be $17,000.
We will not exceed this cost estimate without your prior agreement and written authorization. The
scope of work outlined above will be billed on a time-and-materials basis. In-house laboratory
services and field equipment rental and supplies will be billed in accordance with our Schedule of
Laboratory and Field Charges (available upon request). Our services will be performed in
accordance with the standard of care of our profession. The attached Terms and Conditions and
any other exhibits or attachments referenced herein, are incorporated into our agreement with you,
and, by your authorization to proceed, you are agreeing to these Terms and Conditions.
CONTRACT EXECUTION
Please acknowledge your acceptance of this work by having this letter agreement properly signed
and returning a signed copy to us. Any changes to our agreement must be in writing and mutually
agreed to. We intend to use the attached example Contract Change form to effectively implement
and document any changes. We suggest that any future work done for you be completed as an
amendment to this contract.
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MacLeod Reckord
Landscape Architecture Planning Urban Design
Daily Journal of Commerce Building
83 Columbia Street
Seattle, Washington 98104
P 206-323-7919
F 206-323-9242
Renton Riverview
Scope of Work
November 6, 2013
Landscape Architecture
MacLeod Reckord will provide landscape architecture services for the project, including
new enhancement and restoration planting. Planting areas include riverside banks and
adjacent disturbed upland areas along the Cedar River between the Trestle Bridge and
Hand Carry Boat Launch. Total area is approximately 1.5 acres. Landscape
architecture services will include the following:
Item No. 1.0 Data Inventory
This item includes the following:
Project review: Review available data and preliminary documentation. Resolve
scope of planting and restoration needs for entire project.
Field Reconnaissance: Perform field reconnaissance to review project conditions,
limits of work, and influencing factors.
Mapping: Map results of field reconnaissance that impact planting design.
Mapping based on approximate field measure utilizing survey provided by others.
Code and Standards Research; Review City codes and standards, grant/funding
requirements, and any other (City/federal) standards for planting that may apply.
Coordination/Team Meetings: Attend meeting to coordinate work efforts with the
design team and the City, if requested. One meeting has been assumed for
scoping purposes.
Deliverables
Field inventory notes and mapping
Summary of applicable codes/standards to be utilized in planting design
Item No. 2.0 30% Design (Schematic)
This item includes the following:
Generate schematic level planting plan utilizing base drawing prepared by
others.
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Define plant palette in a schedule/matrix form, including the range of plant types
to be utilized in the plan. Plant types will be defined by area (upland, bank,
below OHWM, etc.) as appropriate to the schematic bridge design plans.
Provide a basis of design statement identifying planting and irrigation concepts,
citing relevant codes and standards that have informed design.
Provide schematic level cost estimate of planting, temporary irrigation, and
related site preparation.
Attendance at meeting to coordinate work efforts with the design team and the
City, if requested. One coordination/review meeting and one submittal of 30%
has been assumed for scoping purposes.
Deliverables
30% Planting Plan (up to 3 sheets)
Plant Palette Matrix
Basis of Design Memorandum
30% Cost Estimate
Item No. 3.0 60% Design (Design Development)
This item includes the following:
Preparation of Draft Planting Plan and Details, incorporating comments from the
design team and the City on schematic planting plans. Revise and refine
planting plan utilizing updated base information provided by others. Planting
details will be provided.
Provide draft plant schedule with quantities and genus, species, and variety
named.
Provide area plan showing limits of temporary irrigation, matrix identifying
equipment and materials, and summary statement describing location of critical
components. No irrigation details or detailed layout provided in this submittal.
Attendance at meeting to coordinate work efforts with the design team and the
City, if requested. One coordination/review meeting and one submittal of 60%
has been assumed for scoping purposes.
Provide 60% level cost estimate of planting, temporary irrigation, and related site
preparation.
Provide outline of required special provisions or CSI format specifications.
Deliverables
60% Planting Plan and Details (up to 4 sheets)
Draft Plant Schedule
60% Temporary Irrigation Plan (1 sheet, reduced scale)
60% Cost Estimate
Special Provision or CSI format specification outline
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Item No. 4.0 90% Documents (Construction Documents)
This item includes the following:
Preparation of final planting plan, details, and notes, incorporating comments
from the design team and the City on the 60% planting plans. Planting plans will
be revised and refined. Planting details and notes will be refined and
supplemented, as required.
Preparation of final plant schedule and quantities, based on comment and
adjustments to planting plans, updated plant schedule quantities, type, and
sizing. Generation of alternate quantities for additive alternate (assume 1).
Preparation of final temporary irrigation plan, details, notes and schedule, based
on comments and adjustments to coverage areas.
No coordination meeting is anticipated for the 90% submittal phase. One
submittal of 90% has been assumed for scoping purposes.
Preparation of the 90% (construction document) cost estimate of planting,
temporary irrigation, and related site preparation.
Preparation of final specifications.
Deliverables
90% Planting Plan, Details, and Notes (up to 4 sheets)
Plant Schedule
90% Temporary Irrigation Plan, Details, Notes, and Schedule (up to 4 sheets)
90% Cost Estimate
Specification Sections (site preparation, planting, seeding, temporary
irrigation)
Item No. 5.0 100% Documents (Bid Documents)
This item includes the following:
Preparation of final documents for bidding, incorporating or resolving all
changes as requested by the City from review of the 90% submittal (this
scope assumes one time review). Technical specifications will be finalized.
The final cost estimate will be adjusted, including for additive alternate if
required.
Deliverables
100% Planting Plan, Details, and Notes (up to 4 sheets)
Final Plant Schedule
100% Temporary Irrigation Plan, Details, Notes, and Schedule (up to 4
sheets)
100% Cost Estimate
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4
Final Specification Sections (site preparation, planting, seeding, temporary
irrigation)
Assumptions
Land area in excess of 1.5 Acres for mitigation planting or invasive species
removal, or extension of enhancement/restoration planting, or expansion of
irrigation may require amendment to the scope/contract.
All information required to design and size the irrigation system will be provided
by the City. Source connection anticipated to be within the 1.5 acre project area.
Amenities (benches, trash receptacles, or signage) are not included but may be
added under separate scope/contract.
One consolidated set of review comments will be submitted to MacLeod Reckord
for each of the three design reviews (30, 60, 90%).
Schedule and rates assume work will be completed in 2014 within approximate 8
month contiguous time-frame.
This scope does not purport to address requirements by local or state agencies
for compliance with any or all environmental mitigation measures that may be
required as a result of the impacts of the bridge project. Mitigation measures
meeting agency requirements may require amendment to the scope/contract.
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Page 1 of 1
MacLeod Reckord FEE DERIVATION
Landscape Architecture . Planning . Urban Design Project: Renton Riverview
Date: 6-Nov-13
HOURS RATE/FEE
TASK PRINC LA CAD ADMIN PRINC LA CAD ADMIN SUBTL
$145 $138 $98 $81
TASK 1.0 DATA INVENTORY
1.1 Project Review 1 2 145 276 - -
1.2 Site Reconnaissance 4 - 552 - -
1.3 Site Mapping 2 4 - 276 392 -
1.4 Codes/Standards Review & Reporting 2 2 290 276 - -
1.5 Coordination/Team Meeting (1) 3 435 - - -
1.6 Project Management 2 2 290 - - 162
SUBTOTAL 3,094
TASK 2.0 30% DESIGN (SCHEMATIC)
2.1 Planting Plan 2 4 4 290 552 392 -
2.2 Plant Schedule 1 4 2 145 552 196 -
2.3 Basis of Design 1 145 - - -
2.4 Cost Estimate 1 4 1 145 552 - 81
2.5 Coordination/Team Meeting (1) 3 435 - - -
2.6 Project Management 2 290 - - -
SUBTOTAL 3,775
TASK 3.0 60% DESIGN (DESIGN DEVELOPMENT)
3.1 Planting Plan & Details 2 6 4 290 828 392 -
3.2 Plant Schedule 4 2 - 552 196 -
3.3 Notes & Invasive Species Removal Strategy 1 3 2 145 414 196 -
3.4 Temporary Irrigation Plan & Summary Statement 1 2 2 145 276 196 -
3.5 Cost Estimate 1 6 2 1 145 828 196 81
3.6 Specification Outline 1 145 - - -
3.7 Coordination/Team Meeting 2 290 - - -
3.8 Project Management 2 290 - - -
SUBTOTAL 5,605
TASK 4.0 90% DOCUMENTS (CONSTRUCTION DOCUMENTS)
4.1 Planting Plan, Details, and Notes 2 8 4 1 290 1,104 392 81
4.2 Plant Schedule incl. Alternate 4 2 - 552 196 -
4.3 Notes & Invasive Species Removal Strategy 1 3 2 145 414 196 -
4.4 Temporary Irrigation Plan, Details, Notes, Schedule 1 8 4 2 145 1,104 392 162
4.5 Cost Estimate 1 8 4 1 145 1,104 392 81
4.6 Specifications 4 8 2 580 1,104 - 162
4.7 Project Management 2 290 - - -
SUBTOTAL 8,741
TASK 5.0 100% DOCUMENTS (BID DOCUMENTS)
5.1 Finalize Documents 4 8 6 1 580 1,104 588 81
5.2 Project Management 1 145 - - -
SUBTOTAL - - - - 2,498
ALLOWANCE FOR REIMBURSABLES
Estimate/allowance
SUBTOTAL 500
TOTAL 24,213
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CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Renton Police Guild Non-Commissioned
Employees Contract 2013-2015
Meeting:
Regular Council - 09 Dec 2013
Exhibits:
Renton Police Guild Non-Commissioned
Employees proposed contract for 2013-2015
Submitting Data: Dept/Div/Board:
Human Resources
Staff Contact:
Nancy Carlson
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ see below Transfer Amendment: $
Amount Budgeted: $ see below Revenue Generated: $
Total Project Budget: $ see below City Share Total Project: $
SUMMARY OF ACTION:
The City and the Renton Police Guild Non-Commissioned began bargaining for a successor Collective
Bargaining Agreement to the 2010-2012 Agreement on August 7, 2013, and reached a tenative
agreement on October 7, 2013. The union members' contract vote will be completed on December 3,
2013. The parties did not negotiate over insurance as there is an agreement in place with all
bargaining units that extends through 2015; the contract language was updated to reflect the most
current agreements from recent healthcare negotiations.
Some housekeeping issues were addressed as the parties revised certain contract sections for
increased clarity, and removed references to out of date clauses such as those regarding Jail positions.
Other changes included revisions to training compensation, premium pay, an "agreed upon" physical
fitness test, and the definition of "immediate family."
Salary and benefits issues were addressed as follows:
1) The parties agreed to a three (3) year agreement from 2013-2015.
2) Effective retroactive January 1, 2013, base salaries for the Guild's non-commissioned members will
be increased by 0.5 percent.
3) Effective January 1, 2014, base salaries for the Guild's non-commissioned members will be increased
by 1.5 percent.
4) Effective January 1, 2015, base salaries for the Guild's non-commissioned members will be incrased
by 2.5 percent.
5) Deferred compensation for the Guild's non-commissioned members will be increased as follows: For
2013, there will be no increase. Effective January 1, 2014, there will be an increase of 1.0 percent.
Effective January 1, 2015, there will be an additional increase of 1.0 percent.
STAFF RECOMMENDATION:
Adopt the Agreement between the Parties, Renton Police Guild Non-Commissioned Employees contract
for 2013-2015, and authorize the Mayor and City Clerk to sign.
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Updated 11‐13‐13
AGREEMENT
By and Between
CITY OF RENTON
and
NON‐COMMISSIONED EMPLOYEES OF THE
RENTON POLICE OFFICERS’ GUILD
January 1, 2010 2013 – December 31, 20122015
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TABLE OF CONTENTS
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
.......................................................................................................
PREAMBLE ................................................................................... 1010
ARTICLE 1 – RECOGNITION AND BARGAINING UNIT .................. 1010
1.1 Union Recognition. ........................................................... 1010
1.2 Union Representation. ...................................................... 1010
ARTICLE 2 – UNION MEMBERSHIP AND DUES DEDUCTION ....... 1111
2.1. Membership. ..................................................................... 1111
2.2. Union Security. .................................................................. 1111
2.3. Union Officials’ Time Off. .................................................. 1313
2.4. Dues Deduction................................................................. 1414
ARTICLE 3 – EMPLOYMENT PRACTICES ....................................... 1414
3.1. Personnel Reduction. ........................................................ 1414
3.2. Rehires. ............................................................................. 1515
3.3. Vacancies and Promotions. .............................................. 1616
3.4. Personnel Files. ................................................................. 1616
3.5. Probation. ......................................................................... 1818
3.6. Non‐Discrimination. .......................................................... 1919
ARTICLE 4 – HOURS OF DUTY AND OVERTIME ........................... 1919
4.1. Hours of Duty. ................................................................... 1919
4.2 Overtime. .......................................................................... 2222
4.3. Overtime Minimums. ........................................................ 2424
4.4. Compensatory Time. ......................................................... 2424
4.5. Standby. ............................................................................ 2525
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4.6. Compensation for Training. .............................................. 2525
4.7. Early Release. .................................................................... 2828
ARTICLE 5 – SALARIES .................................................................. 3030
ARTICLE 6 – ALLOWANCES AND PREMIUMS ............................... 3030
6.1. Clothing Allowance. .......................................................... 3030
6.2. Quartermaster System. .................................................... 3232
6.3. Uniform Cleaning. ............................................................. 3232
6.4. Callout Pay. ....................................................................... 3333
6.5. Premium Pay ..................................................................... 3333
6.6. New Positions. .................................................................. 3434
6.7. Working Out Of Classification. .......................................... 3434
6.8. Physical Fitness. ................................................................ 3434
ARTICLE 7 – SICK LEAVE ............................................................... 3535
7.1. Sick Leave. ......................................................................... 3535
7.2. Bereavement Leave. ......................................................... 3636
7.3. Light Duty Requirement. ................................................... 3737
ARTICLE 8 – HOLIDAYS ................................................................ 3737
8.1. Legal Holidays Observed. .................................................. 3737
8.2. Holiday Pay. ...................................................................... 3838
ARTICLE 9 – TUITION REIMBURSEMENT ..................................... 3939
9.1 Reimbursement Requirements. ........................................ 3939
9.2 Non‐completion of Term or Course .................................. 3939
ARTICLE 10 – EDUCATIONAL INCENTIVE ..................................... 4040
10.1 Premium Pay .................................................................. 4040
10.2 Minimum Pay Allowances ................................................. 4040
ARTICLE 11 – PERSONAL LEAVE .................................................. 4141
11.1. Accrual of Personal Leave. ............................................. 4141
11.2. Personal Leave Time. ..................................................... 4242
11.3. Scheduling and Using Personal Leave Time. .................. 4343
11.4. Cancellation of Scheduled Leave.................................... 4545
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11.5. Personal Leave Hours Calculation. ................................. 4646
ARTICLE 12 – LONGEVITY ............................................................ 4747
12.1. Premium Pay. ................................................................. 4747
12.2. Longevity Allowance. ..................................................... 4747
ARTICLE 13 – PENSIONS .............................................................. 4747
ARTICLE 14 – INSURANCES .......................................................... 4747
Definitions: ............................................................................... 4747
14.1. Health Insurance. ........................................................... 4848
14.2 Life Insurance. ................................................................ 5252
14.3. Federal/State Healthcare Options. ................................ 5252
14.4. COBRA. ........................................................................... 5252
14.5 Short Term Disability Insurance Policy. .......................... 5252
14.6. Long Term Disability. ...................................................... 5353
14.7 Guild Directed Medical Trust Fund ................................ 5353
14.8. Indemnify and Defend. ................................................... 5454
14.9. Change in Benefits.......................................................... 5454
ARTICLE 15 – BILL OF RIGHTS ...................................................... 5454
15.1. Just Cause Employer Rights. ........................................... 5454
15.2. Bill of Rights. ................................................................... 5555
15.3. Drug and Alcohol Testing. .............................................. 6259
ARTICLE 16 – MANAGEMENT RIGHTS ......................................... 6563
16.1. Recognition. ................................................................... 6563
16.2. Rights of Employer. ........................................................ 6563
ARTICLE 17 – GRIEVANCE PROCEDURE ....................................... 6664
17.1. Definitions. ..................................................................... 6764
17.2. Procedure. ...................................................................... 6765
Step (1) ................................................................................... 6865
Step (2) ................................................................................... 6866
Step (3) ................................................................................... 6866
Step (4) ................................................................................... 6966
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Step (5) ................................................................................... 6967
17.3. Election of Remedies. ..................................................... 7067
ARTICLE 18 – PERFORMANCE OF DUTY ...................................... 7068
ARTICLE 19 – RETENTION OF BENEFITS ...................................... 7168
ARTICLE 20 – PAY DAYS ............................................................... 7169
20.1. Pay Dates. ....................................................................... 7169
20.2. Direct Deposit. ................................................................ 7269
ARTICLE 21 – SAVINGS CLAUSE ................................................... 7270
21.1. Savings Clause. ............................................................... 7270
21.2. Contract/Civil Service. .................................................... 7270
21.3. Successor Agreement. .................................................... 7371
21.4. FLSA Disputes. ................................................................ 7471
ARTICLE 22 – ENTIRE AGREEMENT ............................................. 7471
ARTICLE 23 – DURATION OF AGREEMENT .................................. 7674
APPENDIX A ................................................................................. 7876
APPENDIX B ................................................................................. 8179
APPENDIX C ................................................................................. 8280
52.1.1 Complaints – Investigation ............................................ 8280
52.1.2 Direct Access to Chief of Police ..................................... 8987
52.1.3 Complaints – Notifying the Chief of Police .................... 9088
52.1.4 Complaint Investigation – Time Limits .......................... 9088
52.1.5 Complainant Notification of Status of Investigation ..... 9088
52.1.6 Notification of Allegations and Rights ........................... 9189
52.1.7 Conditions for Additional Investigation ......................... 9290
52.1.8 Internal Investigations – Relief From Duty ..................... 9290
52.1.9 Internal Investigations – Conclusion of Fact .................. 9391
52.1.10 Internal Investigations – Records ............................... 9492
52.1.11 Internal Investigations – Annual Summary ................. 9593
52.1.12 Registering Complaint Procedures .............................. 9593
APPENDIX D – MEDICAL RELEASE ............................................... 9694
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PREAMBLE ................................................................................... 7
ARTICLE 1 – RECOGNITION AND BARGAINING UNIT ..................... 7
ARTICLE 2 – UNION MEMBERSHIP AND DUES DEDUCTION ........... 8
Section A. .................................................................................. 8
Section B. Union Security ........................................................... 8
Section C. Union Officials’ Time Off. .......................................... 9
Section D. Dues Deduction........................................................ 10
ARTICLE 3 – EMPLOYMENT PRACTICES ........................................ 11
Section B. Vacancies and Promotions. ...................................... 12
Section C. Personnel Files. ........................................................ 12
Section D. Rehires. .................................................................... 14
Section E. Probation. ................................................................ 14
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Section F. Non‐Discrimination. ................................................. 15
ARTICLE 4 – HOURS OF DUTY ...................................................... 15
Section A. Hours of Duty. .......................................................... 15
Section B. Overtime. ................................................................. 18
Section C. Overtime Minimums. ............................................... 19
Section D. Compensatory Time. ................................................ 19
Section E. Standby. ................................................................... 20
Section F. Compensation for Training ....................................... 20
Section G. Early Release. ........................................................... 22
ARTICLE 5 – SALARIES .................................................................. 23
ARTICLE 6 – ALLOWANCES AND PREMIUMS ................................ 24
Section A. Clothing Allowance. ................................................. 24
Section B. Quartermaster System. ............................................ 25
Section D. Hazardous Duty Pay. ................................................ 26
Section E. Premium Pay. ........................................................... 26
Section F. New Positions. .......................................................... 27
Section G. Working Out of Classifications. ................................ 27
Section H. Physical Fitness. ....................................................... 27
ARTICLE 7 – SICK LEAVE ............................................................... 28
Section A. Sick Leave. ............................................................... 28
Section B. Funeral Leave. .......................................................... 29
Section C. Light duty Requirement ............................................ 30
ARTICLE 8 – HOLIDAYS ................................................................ 30
ARTICLE 9 – TUITION REIMBURSEMENT ...................................... 32
ARTICLE 10 – EDUCATIONAL INCENTIVE ...................................... 33
ARTICLE 11 – PERSONAL LEAVE ................................................... 33
Section A. Accrual of Personal Leave. ....................................... 33
Section B. Personal Leave Time ................................................. 34
Section C. Scheduling and Using Personal Leave Time. ............. 36
Section D. Cancellation of Scheduled Leave. ............................. 37
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ARTICLE 12 – LONGEVITY ............................................................. 39
ARTICLE 13 – PENSIONS ............................................................... 39
ARTICLE 14 – INSURANCES .......................................................... 39
Definitions: ............................................................................... 39
Section A. Health Insurance ...................................................... 40
Section B. Life Insurance ........................................................... 43
Section C. Federal/State Healthcare Options ............................ 43
Section D. COBRA ..................................................................... 44
Section E. Long Term Disability ................................................. 44
Section F. Indemnify and Defend .............................................. 44
Section G. Change in Benefits ................................................... 45
ARTICLE 15 – BILL OF RIGHTS ....................................................... 45
Section A. ................................................................................. 45
Section B. Bill of Rights. ............................................................ 45
Section C. Drug And Alcohol Testing. ........................................ 49
ARTICLE 16 – MANAGEMENT RIGHTS .......................................... 52
ARTICLE 17 – GRIEVANCE PROCEDURE ........................................ 53
Section A. Definitions. .............................................................. 53
Section B. Procedure. ............................................................... 54
Step (1) .................................................................................. 54
Step (2) .................................................................................. 55
Step (3) .................................................................................. 55
Step (4) .................................................................................. 55
Step (5) .................................................................................. 56
Section C. Election of Remedies. ............................................... 57
ARTICLE 18 – PERFORMANCE OF DUTY........................................ 57
ARTICLE 19 – RETENTION OF BENEFITS ........................................ 58
ARTICLE 20 – PAY DAYS ............................................................... 58
ARTICLE 21 – SAVINGS CLAUSE .................................................... 59
ARTICLE 22 – ENTIRE AGREEMENT .............................................. 61
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ARTICLE 23 – DURATION OF AGREEMENT ................................... 62
APPENDIX A ................................................................................ 64
APPENDIX B ................................................................................ 66
APPENDIX C ................................................................................. 67
52.1.1 Complaints – Investigation ............................................. 67
52.1.2 Direct Access to Chief of Police ...................................... 74
52.1.3 Complaints – Notifying the Chief of Police ..................... 75
52.1.4 Complaint Investigation – Time Limits ........................... 75
52.1.5 Complainant Notification of Status of Investigation ....... 75
52.1.6 Notification of Allegations and Rights ............................ 76
52.1.7 Conditions of Additional Investigation ........................... 77
52.1.8 Internal Investigations – Relief from Duty ...................... 77
52.1.9 Internal Investigations – Conclusion of Fact ................... 78
52.1.10 Internal Investigations – Records ................................. 79
52.1.11 Internal Investigations – Annual Summary ................... 80
52.1.12 Registering Complaints – Procedures ........................... 80
INDEX .......................................................................................... 82
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PREAMBLE
The rules contained herein constitute an Agreement between the
City of Renton, hereinafter referred to as the Employer, and the
Renton Police Officers’ Guild, Non‐Commissioned, hereinafter
referred to as the Guild, governing wages, hours, and working
conditions for certain members of the Renton Police Department.
It is intended that this Agreement, achieved through the process of
collective bargaining, will serve to maintain good relations between
the Employer and the Guild, to promote efficient and courteous
service to the public, and to protect the public interest.
ARTICLE 1 – RECOGNITION AND BARGAINING UNIT
1.1 Union Recognition.
Section A.
The Employer recognizes the Guild as the exclusive representative
of all non‐commissioned employees for the purpose of bargaining
with the Employer. A non‐commissioned employee is defined as
outlined in RCW 41.56.030(2). The Guild represents those classes
listed in Appendix A.
1.2 Union Representation.
Section B.
The Guild President, or any other members of the Guild appointed
by the President, shall be recognized by the Employer as the official
representatives of the Guild for the purpose of bargaining with the
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Employer. The Guild recognizes the Employer as the duly elected
representative of the people of the City of Renton and agrees to
negotiate only with the Employer through the negotiating agent or
agents officially designated by the Mayor and City Council to act on
its behalf.
Section C. The number of representatives of the Guild and the
Employer at any negotiating session shall be limited to five four
(45) members each, unless waived by mutual agreement of the
parties.
ARTICLE 2 – UNION MEMBERSHIP AND DUES DEDUCTION
Section A2.1. Membership.
The Employer recognizes that members of the Renton Police
Department may, at their discretion, become members of the Guild
when such membership has been duly approved in accordance
with the provisions of the Guild’s Constitution and By‐Laws. The
Guild accepts its responsibility to fairly represent all employees in
the bargaining unit regardless of membership status.
2.2Section B. Union Security.
1.2.2.1 All employees covered by this Agreement who are or
become members of the Guild on or after the
effective date of this Agreement shall maintain their
membership in good standing with the Guild.
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2. 2.2.2 All employees covered by this Agreement hired on
or after its execution date shall, within sixty (60) days
following the beginning of such employment, become
and remain members in good standing in the Guild.
3. 2.2.3 Any employee failing to comply with
subsections B2.1 or B2.2 of this Article shall, as a
condition of continued employment, pay each month
a service charge equivalent to regular Guild dues to
the Guild as a contribution toward the administration
of this Agreement.
4.2.2.4 The right of non‐association of members of the
Renton Police Department based on bona fide
religious tenets or teachings of a church or a religious
body of which such public employee is a member shall
be protected at all times, and such public employee
shall pay such sum in such manner as is provided in
RCW 41.56.122.
5.2.2.5 The Guild will notify the Employer in writing of the
failure of any employee to comply with any of the
applicable provisions of this section. The Employer
agrees to advise the employee that his/her
employment status is in jeopardy and that failure to
meet the applicable requirements of this section will
result in termination of his/her employment within
ten (10) days. If compliance is not attained within the
aforementioned ten (10) days, the Employer shall
terminate said employee.
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2.3Section C. Union Officials’ Time Off.
2.3.1. Official representatives of the bargaining unit shall be
given time off with pay to attend meetings with City
representatives or to attend Guild meetings, provided
reasonable notification is given. Representatives
assigned to graveyard shift may be released by 2300
hours with supervisor’s approval when necessary to
attend such meetings.
2.3.2. Official representatives of the bargaining unit shall be
given time off with pay to attend Guild related
conferences (not to exceed three working days for a
single function). The allowable aggregate of such time
off shall not exceed one hundred sixty (160) hours in
one calendar year. Provided, that a copy of the
agenda of the meeting is submitted to the Chief, at
least 14 calendar days prior to the meeting and that
the Guild waives the right to working out of
classification pay should a replacement be needed to
assume the duty of the Guild representative granted
time off.
2.3.3. The Employer retains the right to restrict time off
under subsections 2.3.1 and 2.3.2 above if an
emergency exists or when such time off would
unreasonably impact departmental operations.
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2.4Section D. Dues Deduction.
Upon written authorization by an employee and approval by the
Guild Executive Board, the Employer agrees to deduct from the
wages of each employee the sum certified as initiation dues and
assessments twice each month as Guild dues, and to forward the
sum to the Guild Secretary or Treasurer. If any employee does not
have a check coming to him/her or the check is not large enough to
satisfy the assessments, no deductions shall be made from the
employee for that calendar month. All requests to cancel dues
deductions shall be in writing to the Employer and require
notification to the Guild by the Employer. The Guild agrees to
indemnify and hold harmless the Employer for any claims, with the
exception of those caused by the Employer’s negligence, arising out
of the Employer’s activities to enforce the provisions of this Article.
ARTICLE 3 – EMPLOYMENT PRACTICES
Section A3.1. Personnel Reduction.
3.1.1. Seniority is determined by the employee’s most
recent hire date in the bargaining unit.
a. In the event of a tie, the determining factor will
be placement on the eligibility list.
b. Leaves of Absence will not be subtracted from
seniority.
3.1.2. Whenever it becomes absolutely necessary through
lack of finances, lack of work, reorganization,
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abolishment of position within classification, or other
reasonable and articulable purposes to reduce the
number of employees in the bargaining unit, such
reductions shall be carried out by classification in the
following order:
a. Temporary employees
b. Probationary employees
c. Regular employees in reverse order of seniority
within the classification; the one with the least
seniority being laid off first
3.1.3. If a laid‐off employee has previously worked in
another job classification within the bargaining unit,
and has more seniority than the least senior employee
in that job classification, he/she may exercise the right
to replace (bump) that employee.
3.1.4. An employee may be recalled and reinstated in order
of seniority to a classification from which they are laid
off or has previously worked for up to two (2) years
from the date of layoff.
3.2. Rehires.
In the event a certified employee leaves the service of the
Employer due to reduction in force and within the next two (2)
years the Employer rehires said former employee into the same
classification to which he/she was assigned at the date of
Comment [CL1]: Moved from old Section D to
new Section 3.2. Subsection title and language
unchanged.
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reduction, such employee shall be placed at the same step in the
salary range which he/she occupied at the time of the original
reduction.
3.3 Section B.. Vacancies and Promotions.
Vacancies shall be filled and promotions made in accordance with
Police Civil Service Rules and Regulations, provided, that nothing in
this Agreement shall be construed to require the Employer to fill
any vacancy.
3.4Section C. Personnel Files.
3.4.1. 3.4.1. The personnel files are the property of the
Employer. The Employer agrees that the contents of
the personnel files, including the personal
photographs, shall be confidential and shall restrict
the use of information in the files to internal use by
the Police Department. This provision shall not restrict
such information from becoming subject to due
process by any court, administrative tribunal, or as
required by law. Reasonable notice shall be given the
employee should the Employer be required to release
the personnel file. It is further agreed that information
may be released to outside groups subject to the
approval of both the Employer and the employee;
provided, that nothing in this section shall prevent an
employee from viewing his/her original personnel file
in its entirety upon request. Nothing shall be added to
or deleted from the file unless the employee is
furnished a legible copy of same. Such papers shall
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also be made available to the elected or appointed
officers of the Guild at the request of the affected
employee.
3.4.2 Inspection of Papers.
The application and examination papers of an
employee shall be available for inspection by the
appointing authority, the Chief of Police, and affected
employee. Employees shall be allowed to review a
copy of any adverse documentation before it is placed
in the file. The employer shall maintain a single
personnel file and there shall be no secret files.
Materials for the purpose of supervisor evaluations
shall be expunged if not made part of the personnel
file. Such papers shall also be made available to the
employee upon request, and to the elected or
appointed officers of the Guild at the request of the
affected employee. Written warnings shall be
expunged from personnel files (at the employee’s
written request) after a maximum period of two (2)
years if there is no recurrence of misconduct for which
the employee was disciplined during that period. Any
record of serious discipline shall be expunged from
the personnel files after a maximum period of five (5)
years if there is no reoccurrence of misconduct for
which the employee is disciplined during that period.
Nothing in this section shall be construed as requiring
the Employer to destroy any employment records
necessary to the Employer’s case if it is engaged in
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litigation with the employee regarding that
employee’s employment at the time those records
would otherwise be destroyed.
The parties recognize that the Employer may retain
internal investigation files although such files may not
be used in discipline and discharge cases if they could
not otherwise be retained in personnel files pursuant
to this section.
Section D. Rehires.
In the event a certified employee leaves the service of the
Employer due to reduction in force and within the next two (2)
years the Employer rehires said former employee into the same
classification to which he/she was assigned at the date of
reduction, such employee shall be placed at the same step in the
salary range which he/she occupied at the time of the original
reduction.
3.5Section E. Probation.
Probation periods for employees newly hired into the bargaining
unit shall not exceed one (1) year. During this period, employees
may be discharged without resort to the Civil Service or grievance
procedure for failure to pass probation. Employees who are
Comment [CoR2]: Section moved to 3.2, see
above. No change in contract language.
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promoted within the bargaining unit shall serve a promotional
probation period, which shall not exceed one (1) year. During that
period, employees may be reverted to their former positions
without resort to the Civil Service or the grievance procedure for
failure to pass probation.
3.6Section F. Non‐Discrimination.
The Employer and the Guild agree that neither shall unlawfully
discriminate against any person because of race, color, religion,
national origin, age, sexgender, agemarital status, sexual
orientation, genetic information, disability status, veteran/military
status, and/or other protected class or characteristic national
origin, or physical, mental, or sensory handicaps unless based on a
bona fide occupational qualification. The Employer agrees not to
discriminate against employees because of union membership or
lawful union activities. It is recognized that employees who feel
they have been victims of discrimination shall be entitled to seek
relief or redress through the grievance procedures contained in this
Agreement or through the City of Renton’s Fair Practices Policy.
ARTICLE 4 – HOURS OF DUTY AND OVERTIME
Section A4.1. Hours of Duty.
4.1.1. The required hours of duty for employees in the
bargaining unit shall be 2080 hours per year, based on
a work week of: five (5) consecutive days on duty
followed by two (2) consecutive days off duty (5/2)
unless otherwise provided in this Article.
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4.1.2. The work week for all or some employees may be
revised upon mutual agreement between the Guild
and Police Administration. Mutual agreement on
revised work schedules shall be documented in
written format and a copy sent to the Human
Resources & Risk Management Administrator.
4.1.3. The rotation of personnel between shifts shall be
minimized within the limitations of providing an
adequate and efficient work force at all times. When
rotation is necessary, the Employer will notify the
affected employees as soon as reasonably possible.
Such notification shall occur no later than fifteen (15)
calendar days prior to the personnel rotation, except
when such employees are probationary employees, or
waive this provision in writing, or when such rotations
are needed due to a bona fide law enforcement
emergency.
The schedules shall be:
4.1.4. Jailers and Jail Sergeants shall work three (3)
consecutive days on followed by three (3) consecutive
days off (3/3 twelve (12) hour schedule). For section
7(k) purposes under the Fair Labor Standards Act, the
work period (FLSA, 29 U.S.C., 207)(k) shall be twenty‐
four (24) days.
Employees assigned to a 3/3 twelve (12) hours shift shall
receive a schedule adjustment pay of 5.24% of base
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wage per month. This schedule adjustment pay
reflects the addition of 109 hours worked per
employee (2189 total hours per year).
4.1.5.4.1.4. Electronic Home Detention
OfficerCoordinator(s) (EHD) shall work a 9/80
schedule.
4.1.6.4.1.5. Evidence Technician(s) shall work four (4)
consecutive ten (10) hour days on, followed by three
(3) consecutive days off.
If for any reason either the EHD or Evidence
Technician(s) fall below the staffing level of two (2)
officers for an extended period of time their schedule
shall revert back to a 5/2 schedule.
4.1.6. Shift assignments for Police Service Specialists shall be
made by bidding by seniority as defined in Article 3,
Section 3.1.1.A, Number 1.
4.1.7. Police Service Specialists shall work four (4)
consecutive ten (10) hour days on, followed by three
(3) consecutive days off.
4.1.8. Animal Control Officers shall work four (4) consecutive
ten (10) hour days on, followed by three (3)
consecutive days off.
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4.1.9. The full time Parking Enforcement Officer(s) shall work
four (4) consecutive ten (10) hour days on, followed
by three (3) consecutive days off.
4.1.10. Police Secretaries shall work a 9/80 schedule. If
staffing is less than three (3) employees for an
extended period then the Police Secretaries will revert
back to a 5/2 schedule. (5 consecutive, eight (8) hour
days on, two (2) consecutive days off, Monday
through Friday).
4.1.11. Community Program Coordinators shall work a 9/80
schedule.
4.1.12. The Domestic Violence Victim’s Advocate shall work
four (4) consecutive ten (10) hour days on, followed
by three (3) consecutive days off. Days off shall
include Saturday and Sunday.
4.1.13. The Crime Analyst shall work four (4) consecutive ten
(10) hour days on, followed by three (3) consecutive
days off. Days off shall include Saturday and Sunday.
4.1.13. 4.2 Overtime.
Section B. Overtime.
4.2.1. Except as otherwise provided in this Article and when
required by the Fair Labor Standards Act, employees
shall be paid at the rate of time and one‐half for all
hours worked in excess of their regular shift. Overtime
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will not be paid for hours in excess of a scheduled shift
resulting from a regularly scheduled shift rotation.
4.2.2. Employees required to work on any regular or
approved day off shall be paid at the rate of time and
one‐half for the first day and double time for the
second and subsequent consecutive days EXCEPT in
the event of an emergency when overtime shall revert
to the time and one‐half rate.
4.2.3. All employees shall be paid time and one‐half for each
hour worked in excess of forty (40) hours in one week,
provided, these overtime hours have not already been
paid under Section 4.2.2B.1 above.
4.2.4. Overtime, except for training, shall be voluntary,
provided that if there are not enough volunteers to
meet public safety requirements, overtime shall be
mandatory.
4.2.5. Employees may not accumulate less than fifteen (15)
minute increments of overtime.
4.2.6. In recognition of Fair Labor Standards Act (FLSA)
guidelines, overtime shall be computed on the base
pay of the employee and shall include any premiums
as described in Article 6 of this Agreement in
calculation of the overtime rate.
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4.3Section C. Overtime Minimums.
In the event overtime is not in conjunction with a regularly
scheduled shift, the minimum payment shall be as set forth herein.
The rate of pay for minimums shall be time and one‐half. However
when section 4.B2.2 applies, the employee may choose either the
double time rate for all hours worked or the time and one‐half rate
for the applicable minimum. Court minimums shall not overlap.
4.3.1. Three (3) hours for any court or related hearing
located in Renton.
4.3.2. Four (4) hours for any court or related hearing outside
the City of Renton.
4.3.3. Four (4) hours for any required court attendance
within nine (9) hours of the end of a graveyard shift
within the City of Renton and five (5) hours outside
the City of Renton.
4.3.4. Two (2) hours for any other unspecified overtime
including in‐person meetings with the prosecutor’s
office or defense counsel.
4.4Section D. Compensatory Time.
The Employer shall pay all authorized overtime requests on a cash
basis, provided that employees shall be allowed to elect
compensatory time in lieu of overtime cash payment up to a
maximum accrual of eighty (80) hours. Nothing in this Section shall
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be construed as to prohibit the employee option of requesting
compensatory time off in lieu of paid overtime, provided that the
accumulation and use of such time is approved by the
Administrative Officer or Officer officially acting in that capacity.
In December of each year, the Employer has the option of
purchasing all or part of compensatory time accumulated by
employees.
4.5Section E. Standby.
The Employer and the Guild agree that the use of standby time
shall be minimized. Standby assignments shall be for a fixed,
predetermined period of time. Employees placed on standby status
by a member of the Police Department Command Staff, shall be
compensated on the basis of one (1) hour straight time pay for
each two (2) hours of standby or fraction thereof. If the employee
is actually called to work, standby pay shall cease at that moment
and normal overtime rules shall apply.
4.6.Section F. Compensation for Training.
4.6.1. Employees will be compensated at the time‐and‐one‐
half overtime rate for all training approved,
scheduled, and attended on a day off or consecutive
days off whether they are the trainee or the trainer.
The exception to the overtime rate for training are
employees assigned to the Crisis Communications Unit
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(CCU) who agree to shift adjust (“training trade days”)
with at least 30 days’ notice for all department
training associated with the CCU.
Training trade days are an option for all non‐
commissioned employees. They must be mutually
agreed upon and completed within the FLSA work
period. If staffing does not allow for training trade
days then the Employer shall either deny the training
or compensate the employee at the overtime rate.
4.6.1.4.6.2. The Employer shall have a reasonable
obligation to attempt to schedule training during the
employee’s regular shift.
4.6.2.4.6.3. Training On a Scheduled Work Day, Not
Requiring Overnight Accommodations:
If the scheduled off‐site training day exceeds six (6)
hours and occurs on the employee’s workday, the
hours of training shall constitute an entire workday,
regardless of the employee’s hours of duty:
The employee agrees to waive any overtime resulting
from attendance at any training school or session on a
scheduled workday provided that the affected
employee is relieved of all police duties as follows:
(a)a. When the training occurs on the first scheduled
workday of the shift, the employee shall be
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relieved of duty sixteen (16) hours following the
conclusion of the training.
(b)b. When the training occurs on the last
scheduled day of the work shift, the employee
shall be relieved eight (8) hours prior to reporting
for training.
(cc.) When the training occurs on all days between
the first and last scheduled days of the work
shift, the employee shall be relieved eight (8)
hours prior to and sixteen (16) hours following
the training session, except that employees
working day shift may be required to report to
work twelve (12) hours following the training
session.
4.6.3.4.6.4. Training Requiring Overnight
Accommodations:
Employees who attend training that requires
overnight accommodations shall be paid in
accordance with the provisions of the FLSA and city
policy. at the straight time rate for all travel and
lodging time associated with the training with a
maximum of eight (8) hours per day, provided they
are traveling during a regularly scheduled work day, or
if on a day off, the training was specifically required by
the Employer. For employees on a day off where
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training was voluntary, no compensation will be paid
for travel and lodging time.
4.6.4. Per diem: Members shall receive per diem as follows;
(a) $8 for Breakfast; $12 for Lunch; $17 for Dinner
1. If at any time during this contract period, the City
policy reflects a higher allowed per diem amount, the
higher amount will be implemented.
(b) Members will receive the full per diem regardless of
what they actually spend.
(c) Receipts are not required to receive the per diem.
(d) Per diem may be paid in advance.
(e) If a meal is included as part of a conference or seminar
registration, the per diem amount for that meal is
deducted from the daily rate (for example, per diem
less lunch: $37.00‐$12.00 = $25.00).
4.7Section G. Early Release.
4.7.1. Employees working the 3/3 twelve (12) hour schedule
who are required to report to work for any reason
other than in‐service training between two (2)
graveyard shifts or following a graveyard shift, shall be
relieved from duty at least eight (8) hours prior to
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having to report to duty without loss of time or
overtime minimums.
4.7.2. Employees working the 3/3 twelve (12) hour schedule
who appear in court five (5) hours or more between
two (2) graveyard shifts may be relieved from duty
until 2300 hours on the night after appearance,
without loss of time or court overtime minimums.
4.7.3.4.7.1. Non‐commissioned personnel called into work
prior to the beginning of their normal scheduled hours
shall be allowed to start their regularly scheduled shift
at the time called in. Work hours spent on the time
called in will be at the overtime rate. Once the call is
complete, or the employee’s regular start time arrives,
the employee may elect to flex the remainder of their
shift pending supervisor approval. Regular shift time
hours will be paid at the straight time rate.
4.7.4.4.7.2. It is the Employer’s desire to not have an
employee work more than sixteen (16) hours in a
workday. Except in an emergency situation, the
employer will make every effort to ensure that
employees do not work more than sixteen (16) hours
in a workday.
4.7.5. Non‐Commissioned personnel called into work prior
to the beginning of their normal scheduled hours shall
be allowed to start their regularly scheduled shift at
the time called in. Work hours spent on the time
Comment [CL3]: Moved from 4.7.5. No change
in language.
Comment [CoR4]: Moved to 4.7.1. No change
in language.
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called in will be at the overtime rate. Once the call is
complete, or the employee’s regular start time arrives,
the employee may elect to flex the remainder of their
shift pending supervisor approval. Regular shift time
hours will be paid at the straight time rate.
ARTICLE 5 – SALARIES
Section A.
The Employer agrees to maintain salaries in accordance with the
attached Appendix A.
Section B.
This Agreement shall be opened for the purpose of negotiating
wages, hours, and working conditions for any new classifications of
employees not covered within this Agreement. Such salaries shall
become effective upon the date the new position is filled. Nothing
in this Section shall preclude the Employer from establishing such
new positions or classifications.
ARTICLE 6 – ALLOWANCES AND PREMIUMS
Section A6.1. Clothing Allowance.
4.6.1. 6.1.1 Community Program Coordinators, Crime
Analyst, and Domestic Violence Victim’s Advocate
shall receive $550 per year as clothing allowance.
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4.6.2. 6.1.2 The purpose of such allowance is to buy,
maintain, and repair any equipment or clothing
required by the Employer, which is not furnished by
the Employer. The allowance shall be paid in January
of each year by separate check, and is subject to pro‐
rata deduction from the final paycheck in the event an
employee does not serve the entire twelve (12)
months for which such payment was made, with the
exception of an employee who retires, or dies, in
which event no deduction shall be made.
4.6.3. 6.1.3 It is agreed that all equipment and clothing
issued by the City of Renton shall remain the property
of the Employer and same shall be returned to the
Employer upon termination or retirement. It is further
agreed that nothing in this Article shall preclude the
Employer from taking any authorized action to
maintain the standards of appearance of the Renton
Police Department.
4.6.4. 6.1.4 In the event that the Employer should change
the clothing which is required by Resolution 1669
dated March 2, 1970, during the life of the
Agreement, employees so affected by such changes
shall be reimbursed for the entire cost of three (3)
issues of such new clothing.
Comment [CoR5]: Getting copy from city clerk.
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6.2Section B. Quartermaster System.
A quartermaster system shall be in effect for employees who wear
department uniforms. The Employer will issue a list of required
clothing and equipment and a description of the mechanics of the
quartermaster system. Required uniforms and equipment shall be
provided to each employee as follows:
6.2.1. Required uniforms and equipment shall be provided
without cost to the employee as set forth in Police
Department policy as approved and/or amended by
the Chief of Police. Such required uniforms or like
clothing once approved by the Chief of Police or
designated appointee may be purchased by the
employee and be reimbursed by the quartermaster
system.
6.2.2. Optional uniforms and equipment may be purchased
by the employees at their own requestexpense.
6.2.3. Required and optional uniforms and equipment shall
be replaced without cost to the employee when they
become unserviceable which may be determined by
the immediate supervisor or the training coordinator.
6.2.3.
Section C6.3. Uniform Cleaning.
The Employer will provide those non‐commissioned employees
participating in the quartermaster system with contract cleaning
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services at the rate of two (2) cleanings per work week/cycle to an
annual maximum of $6,000.00 for the entire group of non‐
commissioned employees participating in the quartermaster
system.
6.4Section D. Hazardous Duty PayCallout Pay.
Hazardous duty pay in addition to regular pay shall be granted to
certain employees in accordance with the following schedule:
6.4.1. Crisis Communication Unit – Members assigned to the
Crisis Communication Unit will be paid at the rate of
double‐time with three (3) hour minimum when called
to an emergency situation requiring their expertise.
6.5Section E. Premium Pay
6.5.1. Police Service Specialists and Jailers who are assigned
to train or supervise new employees (Field Training
Officers – FTO’s) shall be compensated with a 4%
premium, starting January 1, 2011.
Such training premium shall not be received by the
Lead Police Service Specialist, or Police Services
Specialist Supervisor. or Jail Sergeants.
6.5.2. Bargaining unit members who pass a City approved
examination for interpreters will be compensated at
the rate of two three percent (32%) per month while
certified. Employees who successfully pass the initial
examination will be required to recertify annually. The
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City and Union agree that no more than three (3)
certified interpreters shall receive bilingual
compensation at any one time.
6.6.Section F. New Positions.
This Agreement shall be opened for the purpose of negotiating
premium or hazardous duty pay for any new position, which is not
covered within this Agreement; such pay to be effective upon the
agreement of both parties. Nothing in this Section shall preclude
the Employer from establishing such new positions.
6.7.Section G. Working Out Of Classification.
Any employee assigned the duties normally performed by a higher
paying classification shall be compensated as follows, providing the
higher classified person was regularly assigned during that period.
Such employee shall be paid the equivalent of 1/4 hour overtime
for each two (2) hours or fraction thereof worked. Such payment
shall be at the time and one‐half rate.
6.8.Section H. Physical Fitness.
In recognition of an employee’s personal time expended to
maintain a level of fitness, the following program shall apply:
6.8.1. Non‐commissioned employees who pass the
Correctional Officer’san agreed upon entry‐level
physical fitness test shall receive a fitness incentive
premium for a period of one (1) year following the
successful test. The test is voluntary and will be
offered at least three (3) times each year.
Comment [CoR6]: Not needed; see Article 5,
Section B
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6.8.2. The testing dates/times shall be posted on or before
February 1st of each year. The City can combine testing
with the Commissioned unit.
6.8.3. Employees who comply with the above shall be
compensated with an additional three percent (3.0%)
of base pay, in the form of deferred compensation.
ARTICLE 7 – SICK LEAVE
7.1Section A. Sick Leave.
7.1.1. Sick leave benefits under this paragraph will begin
accrual upon employment with the award of twenty‐
four (24) hours of sick leave. Upon completion of the
third month of employment, an additional twenty‐
four (24) hours of sick leave will be awarded. Upon
completion of the sixth month of employment, sick
leave will accrue at the rate of one (1) day per month
to a maximum of one hundred thirty‐two (132) days
(1056 hours).
7.1.2. The Employer will cash out at the rate of 50% all sick
leave accrued (but not used) over 520 hours, by
December 31 of each year for employees submitting a
written request. These amounts, by employee
request, may be placed into deferred compensation
accounts selected by the Employee and Employer by
the close of the first pay period following December
31 of each year.
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7.1.3. Cash payment for sick leave accrued in accordance
with subsection 7.1.2two (2) will not be made upon an
employee’s death, retirement, or voluntary
separation.
7.1.4. Employees using three (3) days or less of sick leave in
any calendar year shall receive one (1) day off with
pay the following year.
7.1.5. Employees shall be entitled to utilize sick leave for
family medical emergencies or for illness in the
immediate family. For the purposes of this section
“immediate family” shall include only the employee’s
children, parents, spouse, domestic partner, or family
members residing with the employee. Family
emergencies shall include the need for an employee
to be with his/her spouse or domestic partner and/or
family at the time that the employee’s spouse or
domestic partner is giving birth to a child.
7.2Section B. Funeral Bereavement Leave.
Full time employees whose immediate family suffers a death shall
receive up to three (3) days off with pay to attend to necessary
arrangements. A day off is defined as the number of hours
scheduled to be worked by the employee (8 hours, 9 hours, 10
hours, 12 hours). Immediate family shall consist of spouse, son,
daughter, stepchildren, mother, stepmother, father, stepfather,
brother, sister, mother‐in‐law, father‐in‐law, grandmother,
grandfather, grandchildren, and/or the biological parent of a
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member’s dependent minor. and/or grandchildren. Paid time off
for funeral bereavement leave shall not be considered sick leave.
Section C7.3. Light Duty Requirement.
Employees who are injured on duty, and are expected to return to
full duty, will be assigned to light duty. An employee may be
exempted from this light duty requirement if under the advice of
his/her physician.
Employees who are working the 3/3 twelve (12) hour schedule,
shall stay on a twelve (12) hour schedule and will retain their
schedule adjustment pay of 5.24%. However, their actual hours of
duty may change to better utilize their skills in a light duty
assignment.
ARTICLE 8 – HOLIDAYS
Section A8.1. Legal Holidays Observed.
The following days shall be observed as legal holidays:
8.1.1. January 1 (New Year’s Day)
8.1.2. Last Monday in May (Memorial Day)
8.1.3. July 4 (Independence Day)
8.1.4. First Monday in September (Labor Day)
8.1.5. November 11 (Veteran’s Day)
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8.1.6. Fourth Thursday in November (Thanksgiving)
8.1.7. The Friday following the fourth Thursday in
November (day after Thanksgiving)
8.1.8. December 25 (Christmas)
8.1.9. The day before Christmas shall be a holiday for City
employees when Christmas Day occurs on a Tuesday
or Friday. The day after Christmas shall be a holiday
for City employees when Christmas Day occurs on a
Monday, Wednesday, or Thursday. When Christmas
Day occurs on a Saturday, the two preceding working
days shall be observed as holidays. When Christmas
Day occurs on a Sunday, the two working days
following shall be observed as holidays.
8.1.10. Any other day proclaimed by executive order and
granted to other City employees.
Section B8.2. Holiday Pay.
Any employee who works on the following listed holidays shall be
paid double his/her rate of pay for hours worked (midnight to
midnight):
8.2.1. Thanksgiving Day
8.2.2. Christmas Day.
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ARTICLE 9 – TUITION REIMBURSEMENT
9.1 Reimbursement RequirementsSection A.
The Employer shall reimburse an employee for the actual cost of
tuition and required fees paid by an employee to an accredited
college or university, provided that those expenses are incurred: (1)
in a course leading to a law enforcement related
Associate’s/Bachelor’s/Master’s degree and; (2) that the employee
has received a grade of “C” or better or “pass” in a pass/fail grading
system and; (3) that such reimbursement for tuition shall not
exceed the prevailing rate for undergraduate tuition established by
the University of Washington for quarter system credits and by
Washington State University for semester systems credits.
Reimbursement for job related course work not leading to a law
enforcement related degree will require the employee to submit
the course of instruction to the Employer for approval, and obtain
approval, prior to attending or prior to incurring a cost.
Section B.9.2 Non‐completion of Term or Course
Reimbursement in accordance with Section Section A9.1 above
shall be made only in the event no funds are available from other
public funding sources to pay education costs. Any employee
reimbursed by the Employer as provided in Section A 9.1 who fails
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to successfully complete any term or course shall repay the full
reimbursement amount to the Employer within ninety (90) days of
the end of the term or course. Should an employee fail to repay the
Employer within ninety (90) days, the Police Guild will assume
responsibility for immediate repayment to the Employer. If an
employee terminates employment within the ninety (90) day
period, the amount owed the Employer shall be deducted from
his/her final paycheck.
ARTICLE 10 – EDUCATIONAL INCENTIVE
Section A.10.1 Premium Pay
Premium pay shall be awarded as an educational incentive to
employees in the bargaining unit in accordance with Appendix B of
this Agreement.
Section B.10.2 Minimum Pay Allowances
Employees shall be eligible for Associate Degree or Bachelor’s
Degree minimum pay allowances, as provided in Appendix B of this
Agreement when such employee has obtained an undergraduate
degree from an accredited educational institution. For this section
completion of ninety (90) quarter or sixty (60) semester credits of
college level work is equivalent to eligibility of Associate Degree
pay provided such credits are for academic study, and not based
upon “life experience”.
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ARTICLE 11 – PERSONAL LEAVE
11.1Section A. Accrual of Personal Leave.
Personal leave as it pertains to this contract is a combination of
holiday and vacation leave.
Employees shall accrue paid personal leave time in accordance with
the following schedule whenever they are on paid employment
status:
Length of Service Hours/Month
Accrual
Hours/Annual
Accrual
0 through 5 years 16 192
6 through 10 years 20 240
11 through 15 years 22 264
16 through 20 years 24 288
21 and subsequent years 26 312
Maximum accumulation of personal leave time shall not exceed
536 hours, except when the employee is unable to use personal
leave time as a result of illness, disability, or operational
considerations beyond the employee’s control. In such event, an
employee shall not be penalized for excess accumulation, and the
Employer has the option of either allowing excess accumulation or
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paying the employee for the excess accumulation. Buyback of
personal leave accumulation will be allowed during the term of this
Agreement, subject to the approval of the Employer (based upon
availability of funds) to a maximum of forty‐eight (48) hours per
year.
11.2Section B. Personal Leave Time.
Personal leave time sShall be subject to the following rules:
11.2.1. Temporary or intermittent employees who leave the
employment of the Employer and are later
reemployed shall, for the purpose of this article, have
an adjusted date of actual service effective with the
date of reemployment.
11.2.2. For the purpose of this Article, “actual service” shall
be determined in the same manner as for salary
purposes.
11.2.3. Employees, who are laid off, retired, dismissed, or
who resign shall be paid for all accrued but unused
personal leave time.
11.2.4. On the death of an employee in active service, pay will
be allowed for any personal leave earned and not
taken prior to the death of such employee.
11.2.5. An employee granted an extended leave of absence,
which includes the next succeeding calendar year,
shall be given proportionate personal leave earned in
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the current year before being separated from the
payroll.
11.2.6. An employee returning from military leave of absence,
as defined by law, shall be given a personal leave
allowance for the previous calendar year as if he/she
had been employed.
11.2.7. In the event that an employee becomes ill or injured
while he/she is on personal leave, and it can be
established by the employee that the employee is
incapacitated due to the illness or injury, the day or
days that he/she is sick under these circumstances
shall be carried as sick rather than personal leave, and
he/she will for all purposes be treated as though
he/she were off solely for the reason of his/her illness
or injury. The employee shall submit medical
documentation of the illness or injury from the
attending physician.
11.3Section C.. Scheduling and Using Personal Leave Time.
The following rules shall govern the scheduling and usage of
personal leave time.
11.3.1. The minimum personal leave allowance to be taken by
an employee shall be one (1) hour.
11.3.2. Employee shall have the option to designate leave
requests as “vacation bids” when the request is for a
period of time exceeding seven consecutive calendar
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days in length (including both requested days off and
regularly scheduled days off) and is submitted more
than thirty‐one (31) days in advance of the requested
time off.
11.3.3. The employee’s request for time off shall be approved
or denied within eight (8) days of submitting the
request on the proper form. All requests for time off
occurring between March 1 and December 31 of any
given year and submitted prior to January 14 of that
year shall be considered for all purposes (including 5.a
below) to have been submitted on January 14 of that
year.
11.3.4. In the event that multiple employees request the
same day(s) off, and the Employer is not able to
accommodate all of the requests due to minimum
staffing limitations, then the Employer will use the
following criteria, in order, to determine who is
granted the leave time:
a. Requests submitted on an earlier date shall have
precedence over those submitted later.
b. If the requests are submitted on the same
effective date, then vacation bids shall have
precedence over requests that are not vacation
bids;
c. When the requests are otherwise equal, then the
request from the employee with more seniority
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shall have precedence. Seniority shall be
determined according to Article 3.
11.3.5. The Employer and the Guild acknowledge that the
Employer has a legitimate interest in maintaining
proper staffing levels for public safety purposes, and
that employees have a legitimate interest in taking
their time off at times convenient to them. The
Employer shall have the right to set different short‐
term minimum staffing levels in all work units for
special events. Special events are city festivals, and
unusual occurrences where additional law
enforcement staffing for maintaining order is
required. The Employer will notify the employees by
January 1 each year of changes to the long‐term
minimum staffing levels.
11.4Section D. Cancellation of Scheduled Leave.
The Employer will make reasonable effort to avoid cancellation of
approved employee leave time, and to notify employees as soon as
possible after the decision to cancel. In the event that the Employer
cancels the approved leave time of an employee, the following
rules shall apply.
11.4.1. If the employee’s request was submitted more than
thirty‐one (31) days in advance of the scheduled leave,
and approved, the Employer may cancel that time off
without penalty if at least thirty (30) days notice is
given prior to the scheduled leave.
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11.4.2. If the employee’s request was submitted less than
thirty (30) days in advance, but more than nine (9)
days, and approved, the Employer may cancel the
time off without penalty if at least eight (8) days
notice is given.
11.4.3. If the request is submitted with eight (8) days notice
or less, and approved, the Employer may cancel the
time off at any time without penalty.
11.4.4. The Employer agrees not to cancel an approved
vacation bid except in the event of an extreme
emergency condition.
11.4.5. For purposes of this section, “penalty” shall refer to
the overtime pay provisions of Article 4.
11.5Section E. Personal Leave Hours Calculation.
The number of leave hours used for each day off shall be calculated
based upon the number of hours in the employee’s work day.
Employees assigned to a twelve (12) hour schedule shall use twelve
(12) hours of personal leave for each day off. For example:
Employees assigned to a ten (10) hour schedule shall use ten (10)
hours of personal leave for each day off.
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ARTICLE 12 – LONGEVITY
12.1. Premium Pay.
Section A.
Employees shall receive premium pay for longevity in accordance
with Appendix B of this Agreement.
12.2. Longevity Allowance.
Section B.
Longevity allowance shall be payable on the first payday following
the anniversary of the employee.
ARTICLE 13 – PENSIONS
Pensions for employees and contributions to pension funds will be
governed by applicable Washington State Statutes.
ARTICLE 14 – INSURANCES
Definitions:
REHBT: Renton Employees’ Healthcare Board of Trustees.
REHP: Renton Employees’ Healthcare Plan
Funding Goal: It is the responsibility of the Renton Employees’
Healthcare Board of Trustees to establish and maintain fund
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goals in relationship to the Renton Employees’ Healthcare
Plan.
Plan Member: An eligible Renton employee, along with their
dependents, that is covered under the Renton Employee’s
Healthcare Plan.
Premiums: The contributions made to the REHP by both the
City and the employees to cover the total cost of purchasing
the REHP. Contributions made by employees for co‐pays, lab
fees, ineligible charges, etc., are not considered premiums for
the purpose of this Article.
Section A14.1. Health Insurance.
14.1.1. Participation.
The City and the Local/Union/Guild agree to jointly
manage the REHP during the term of this agreement.
The REHBT is comprised of AFSCME Local 2170;
Firefighters‐864; Police Guild; and the City, and will
meet at least quarterly to review the REHP including
costs associated with the REHP.
Medical coverage shall be provided in accord with the
laws of the State of Washington, RCW 41.26.150 and
federal plans: Patient Protection and Affordable Care
Act and the Health Care and Education Affordability
Reconciliation Act of 2010. The Local/Union/Guild
agrees to continue participation in the REHBT and to
identify and support cost containment measures.
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14.1.2. Plan Coverage.
The City will provide a medical/dental, vision, and
prescription drug insurance plan for all eligible
employees including all bargaining unit members and
their eligible dependents.
14.1.3. Premiums.
For the calendar years 2010 through calendar year
2015 the total cost of the plan shall be divided as
follows:
YEAR CITY EMPLOYEES
2010 96% 4%
2011 96% 4%
2012 95% 5%
2013 94% 6%
2014 93% 7%
2015 92% 8%
Employee premiums will be based upon the following
categories:
Employee
Employee/Spouse or Domestic Partner
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Employee/Spouse or Domestic Partner/1
Employee/Spouse or Domestic Partner/2+
Employee/1
Employee/2+
14.1.4. Projected Costs.
For calendar year 2013, the contributions to the
benefit fund (premium revenue) shall be the same as
the contribution made in the calendar year 2012,
subject to the plan cost sharing provision between
employer and employees per current bargaining
agreements. Beginning calendar year 2014 going
forward, the plan contributions shall be calculated by
the percentage of actual plan cost increase that
occurred in the previous year. The year in review shall
be from July 1st to June 30th.In August of each year the
REHBT will meet to review the actual costs of the Plan
from July 1st of the previous year through June 30th of
the current year. The actual cost together with any
projected increase to the REHP shall be used by the
REHBT to determine the total premium cost for the
following year.
14.1.5. Group Health Coverage.
Bargaining unit members that chose to be covered by
Group Health insurance will be required to pay the
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premium cost of the self‐funded plan plus any
additional premium cost above the self funded plan.
14.1.6. Renton Employees’ Healthcare Board of Trustees.
The REHBT includes members from each participating
Union. Each union will have a maximum of one (1)
vote, i.e. the Firefighter Union has two (2) bargaining
units but only receives one (1) vote on the REHBT, and
the Police Guild has two (2) bargaining units but only
receives one (1) vote on the REHBT. The City only
receives one (1) vote also. If all bargaining units
participate, the voting bodies would be as follows:
AFSCME – 2170; Firefighters – 864; Police Guild; and
the City for a total of four (4) votes.
14.1.7. Plan Changes.
The members of the REHBT shall have full authority to
make plan design changes without further
concurrence from bargaining unit members and the
City Council during the life of this agreement.
14.1.8. Voting.
Changes in the REHP will be determined by a majority
of the votes cast by REHBT members. A tie vote of the
REHBT members related to a proposed plan design
change will result in continuing the current design.
14.1.9. Surplus.
Any surplus in the Medical Plan shall remain available
only for use by the Renton Employees’ Health Plan
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Board of Trustees for either improvements in the Plan,
future costs, increase offsets, rebates to participants,
or reduction in employee contributions.
14.2Section B. Life Insurance.
The Employer shall furnish to the employee a group term life
insurance policy in the amount of the employee’s annual salary, to
nearest $1,000, including double indemnity. The Employer shall
furnish a group term life insurance policy for $1,000 for the
employee’s spouse and $1,000 for each dependent.
Section C14.3. Federal/State Healthcare Options.
In the event of a Federal/State healthcare option, the REHBT shall
have the option to review the proposed Federal/State option and
take appropriate actions.
Section D14.4. COBRA.
When an employee or dependent’s health care benefits ceases, the
employee or dependent shall be offered medical and dental
benefits under the provision of Consolidated Omnibus Budget
Reconciliation Act (COBRA) for a period of eighteen (18) months.
14.5 Short Term Disability Insurance Policy.
The Renton Police Officers’ Guild shall have the option during the
life of this contract to direct the City to deduct a fixed
dollar/percentage from the base salaries for all classifications
covered by the contract and deposit such deductions into a short‐
term disability insurance policy established by the Guild. Upon the
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exercise of this option, the Guild agrees to indemnify, defend, and
hold the City harmless from any and all liability, claims, demands,
suit or any loss or damage, or injury to person or property arising
from or related to the provisions of this paragraph, including
income tax withholding liabilities or tax penalties.
Section E14.6. Long Term Disability.
All employees will be enrolled in a city‐sponsored long‐term
disability plan with a benefit equal to 60% of base salary after a
maximum waiting period of ninety (90) calendar days or exhaustion
of sick leave – whichever is longer. The Employer will pay the
premiums necessary to fund the benefits of the plan.
14.7 Guild Directed Medical Trust Fund
The Renton Police Officers’ Guild shall have the option during the
life of this contract to direct the City to deduct a fixed
dollar/percentage from the base salaries for all classifications
covered by the contract and deposit such deductions into a medical
trust fund established by the Guild. Upon the exercise of this
option, the Guild agrees to indemnify, defend, and hold the City
harmless from any and all liability, claims, demands, suit or any loss
or damage, or injury to person or property arising from or related
to the provisions of this paragraph, including income tax
withholding liabilities or tax penalties.
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Section F14.8. Indemnify and Defend.
The Employer shall indemnify and defend any employee against
any claim or suit, where such claim or suit arises because such
employee performs his/her duty as an employee of the Renton
Police Department. The Employer shall pay on behalf of any
employee any sums which the employee shall be legally obligated
to pay as a result of that employee’s reasonable or lawful activities
and exercise of authority within the scope of his/her duties and
responsibilities as an employee of the Renton Police Department.
Indemnity and defense shall not be provided by the Employer for
any dishonest, fraudulent, criminal or malicious act or for any suit
brought against the employee by or on behalf of the Employer.
Section G14.9. Change in Benefits.
If for reasons beyond the control of the Employer or Guild a benefit
of any one of the provisions agreed to in this Article is abolished,
changed, or modified as to reduce the benefit, the Employer agrees
to replace it with a like benefit prior to the effective date of the
change.
ARTICLE 15 – BILL OF RIGHTS
Section A15.1. Just Cause Employer Rights.
The Employer retains the right to adopt rules for the operation of
the Renton Police Department and the conduct of its employees
provided that such rules do not conflict with City Ordinances, City
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and State Civil Service Rules and Regulations as they exist, or any
provision of this Agreement. It is agreed that the Employer has the
right to discipline, suspend, or discharge any employees for just
cause subject to the provisions of the City Ordinances, City and
State Civil Service Rules and Regulations as they exist, and terms of
this Agreement.
Section B15.2. Bill of Rights.
In an effort to ensure that investigations, as designated by the
Chief of Police of the Renton Police Department, are conducted in a
manner which is conducive to good order and discipline, the Non‐
Commissioned Employees of the Renton Police Officers’ Guild shall
be entitled to the protection of what shall hereafter be termed as
the “Police Non‐Commissionedmmunication Employees’ Police
Officers’ Bill of Rights”.
15.2.1. The City and the Guild agree that all employees
should work in an environment that fosters mutual respect
and professionalism. The parties agree that inappropriate
behavior in the workplace does not promote the City’s
business, employee well‐being, or productivity. All
employees are responsible for contributing to such an
environment and are expected to treat others with
courtesy and respect.
Inappropriate workplace behavior by employees,
supervisors, and/or managers will not be tolerated. If an
employee and/or the employee’s Guild representative
believes the employee has been subjected to inappropriate
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workplace behavior, the employee and/or the employee’s
representative is encouraged to report this behavior to the
employee’s supervisor, a manager in the employee’s chain
of command, and/or the Human Resources Office. The City
will follow the investigatory procedures outlined in City
Policy and Procedure 340‐02 and take appropriate action as
necessary. The employee and/or Guild representative will
be notified upon conclusion.
This section is not subject to the grievance procedure in
Article 18, but is subject to the City’s complaint process.
15.2.2. If an employee becomes the suspect in an internal
that could result in criminal charges, that investigation may
be investigated by another agency outside the City of
Renton.
15.2.3. Employees will not be under any type of electronic
surveillance by any employee of the Renton Police
Department without authorization of the Chief of Police or
designee.
15.2.1.15.2.4. Non‐probationary Any employees who
becomes the subject of an internal investigation, or an
investigatory interview, shall be advised in writing of
the following within at least twenty‐four (24)
hoursthree business days of the date of their first
interview: prior to the interview that he/she is
suspected of:
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a. committing a criminal offense;General orders
violated and the nature of the matter in
sufficient detail to reasonably apprise him/her of
the matter (unless suspected of committing a
criminal offense);
b. misconduct that would be grounds for
termination, suspension, or other disciplinary
actions; or,and
c. that he/she may not be qualified for continued
employment with the Department.
An “investigatory interview” occurs when a
supervisor knows or reasonably should know
that they are questioning an employee about
something that could result in an economic
sanction.
15.2.2.15.2.5. Any employee who becomes the subject of an
investigation may have legal counsel or a Guild
representative present during all interviews. The
interviewer must provide at least three business days
for the employee to have legal counsel or have a Guild
representative present during the interview. An
investigation as used elsewhere in this Article shall be
interpreted as any action, which could result in a
dismissal from the Department or the filing of a
criminal charge. In any investigation that may lead to
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discipline, the employee is entitled to have Guild
representation to the extent permitted by law.
15.2.6. The employee under investigation must, at the time of
an interview, be informed of the name of the
employee in charge of the investigation and the name
of the employee who will be conducting the interview.
General Order 52.1.1 will govern the assignment of
investigations (see Appendix C).
15.2.3.15.2.7. Employees have Weingarten Rights during all
interviews where they reasonably believe they could
be subject to discipline.
15.2.4.15.2.8. The employee shall be informed in writing as
to whether he/she is a witness or suspect. If the
employee is a suspect, he/she shall be apprised in
writing of the allegations of such complaint twenty‐
four (24) hours before any interview commences.
Allegations are defined for the purpose of notification
as the specific General Orders in violation. Should the
witness in an investigation become the suspect of an
investigation during the investigatory interview, the
Employer agrees to stop the interview to allow the
employee to obtain Guild Representation. General
Order 52.1.6 shall govern the notification process
(see Appendix C).
15.2.5.15.2.9. The interview of any employee shall be at a
reasonable hour, preferably when the employee is on
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duty. Whenever possible, interviews shall be
scheduled during the normal workday of the
Employer. The employee will be required to answer
any questions involving non‐criminal matters under
investigation and will be afforded all rights and
privileges to which he/she is entitled under the laws
of the State of Washington or the United States.
15.2.6.15.2.10. The employee or Employer may request that a
formal investigation interview be recorded., either
mechanically or by a stenographer. There can be no
“off the record” questions. Upon request, the
employee under formal investigation shall be
provided an exact copy of any written statement
he/she has signed. The employee will be furnished a
copy of the completed investigation seventy‐two (72)
hours prior to any pre‐disciplinary Loudermill
hearings.
15.2.7.15.2.11. Interviewing shall be completed within a
reasonable time and shall be done under
circumstances devoid of intimidation or coercion. In
all investigation interviews that may result in
discipline, the employee shall be afforded an
opportunity and facilities to contact and consult
privately with an attorney of his/her own choosing or
Guild representative before being interviewed. The
employee shall be entitled to such intermissions as
he/she shall request for personal necessities, meals,
telephone calls, and rest periods.
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15.2.8.15.2.12. All interviewing shall be limited in scope to
activities, circumstances, or events, which pertain to
the incident which is this subject of the investigation.
employee’s conduct or acts which may form the basis
for disciplinary action under one or more of the
categories contained in Item 2 herein.Nothing in this
section shall prohibit the Employer from questioning
the employee about information which is developed
during the course of the interview.
15.2.9.15.2.13. The employee will not be threatened with
dismissal or other disciplinary punishment as a guise
to attempt to obtain his/her resignation, nor shall
he/she be subject to abusive or offensive language or
intimidation in any other manner. No promises or
rewards shall be made as an inducement to answer
questions.
15.2.10.15.2.14. Upon the completion of the investigation
and upon request, a copy of the entire file shall be
provided to the employee.
15.2.11.15.2.15. To balance the interest of the Employer
in obtaining a psychological evaluation of an
employee to determine the employee’s fitness for
duty and the interest of the employee in having those
examinations being conducted, psychological
evaluations will be obtained in the least intrusive
manner as possible. To protect the employee’s right
to privacy, the Medical Release Form agreed upon by
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the Employer and the Guild shall be signed by the
employee prior to the evaluation (see Appendix D).
15.2.12.15.2.16. No employee shall be required to
unwillingly submit to a polygraph test or to
unwillingly answer questions for which the employee
might otherwise properly invoke the protections of
any constitutional amendment against self‐
incrimination. Nor shall any member be dismissed for
or shall any other penalty be imposed upon any
employee for his/her failure to submit to a polygraph
test, or to answer questions for which he/she might
otherwise invoke the protections of any
constitutional amendment against self‐incrimination.
15.2.13.15.2.17. Should any section, sub‐section,
paragraph, sentence, clause, or phrase in this Article
be declared unconstitutional or invalid, for any
reason, such decision shall not affect the validity of
the remaining portions of this Article.
15.2.14.15.2.18. Any employee involved in the use of
lethal force shall not be formally interviewed
immediately following the incident. The policy and
procedure outlined in the Unusual Occurrences
Manual (Department Response to Line of Duty Death
or Other Critical Incidents) will govern the response
to issues regarding use of lethal force.
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15.2.19. Investigations of known members by the Employer
Renton Police Department shall be completed in a
timely manner with a goal of completion within thirty
(30) days.
15.2.15.15.2.20. The right for an employee to add
commentary during the Loudermill or at the end of
the internal investigation process will be maintained.
15.3Section C. Drug and Alcohol Testing.
15.1.1. The Employer considers its employees its most
valuable asset. The Employer and the Guild share
concern for the safety, health and well being of police
department members. This community and all City
employees have the absolute right to expect persons
employed by the Employer will be free from the
effects of drugs and alcohol.
15.1.2. Before an employee may be tested for drugs, the
Employer shall have individualized reasonable
suspicion based on objective facts and reasonable
inferences drawn therefrom, that a particular
employee has engaged or is engaged in the use of
illegal drugs and/or abuse of legal drugs (including
alcohol).
15.1.3. Drug and alcohol* tests shall be performed by a HHS
certified laboratory or hospital or clinic certified by
the State of Washington to perform such tests. (*
Initial alcohol testing may be performed by a Certified
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Breath Alcohol Technician or any other person
approved to operate an Evidential Breath Testing
device.)
15.1.3. 15.1.3.1
1. Drug Testing.
a. An initial drug screen shall be performed
using the Immunoassay (IA) method.
b. Any positive results on the initial drug‐
screening list shall be confirmed through
use of Gas Chromatography/Mass
Spectrometry.
c. The drug panel and cut off standards shall
be as defined by 49 CFR Part 40 which sets
forth the procedures for drug testing in the
Department of Transportation (DOT).
d. Confirmed positive drug test results shall be
sent to a licensed physician who, as Medical
Review Officer (MRO), will review the
affected employee’s medical history and
other relevant factors to determine if the
positive test result should be excused. The
MRO will notify the department of the
results of his or her review. Negative test
results shall be sent to the Employer’s drug
and alcohol testing administrator who will
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notify the designated department
representative and employee of the test
results.
15.1.3.2 Alcohol Testing.
Alcohol test results shall be released to the
employee and department upon conclusion
of the test. For the purpose of determining
whether the employee is under the
influence of alcohol, test results of .02 or
more based upon the results of an
Evidential Breath Testing device shall be
considered positive.
2.
3. 15.1.3.3 Confirmation of Test Results.
a. Employees notified of a positive
alcohol test result may request the
opportunity to have a blood sample
drawn for analysis at either a hospital
or certified testing lab as chosen by
the Employer.
b. Employees notified of a positive drug
test may request that the Medical
Review Officer send a portion of their
first sample to the hospital or HHS
certified laboratory of the employee’s
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choice for testing by Gas
Chromatography/Mass Spectrometry.
c. The cost of employee requested tests
are the responsibility of the employee.
If the test results are negative, the
Employer will reimburse the employee
for the cost of the test.
ARTICLE 16 – MANAGEMENT RIGHTS
Section A16.1. Recognition.
The Guild recognizes the prerogative of the Employer and the Chief
of Police to operate and manage Police Department affairs in all
respects, in accordance with its responsibilities and the powers of
authority which the Employer has not officially abridged,
delegated, or modified by this Agreement.
Section B16.2. Rights of Employer.
Subject to the provisions of this Agreement, the Employer reserves
the right:
16.2.1. to recruit, assign, transfer, and promote members to
the positions within the Department;
16.2.2. to suspend, demote, discharge, or take other
disciplinary action against members for just cause;
16.2.3. to relieve members from duties because of lack of
work, lack of funds, the occurrence of conditions
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outside Department control; or when the continuation
of work would be wasteful and unproductive;
16.2.4. to determine methods, means, and personnel
necessary for Departmental operations;
16.2.5. to control the Department budget;
16.2.6. to take whatever actions are necessary in emergencies
in order to assure the proper functioning of the
Department;
16.2.7. to determine classification, status, and tenure of
employees; and
16.2.8. to perform all other functions not limited by this
Agreement.
ARTICLE 17 – GRIEVANCE PROCEDURE
The Employer recognizes the importance and benefit of settling
grievances promptly and fairly in the interest of better employee
relations and morale. To this end, the following procedure is
outlined. Every effort will be made to settle grievances at the
lowest level of supervision.
Employees will be unimpeded and free from unreasonable restraint
or interference and free from coercion, discrimination, or reprisal
in lawfully seeking adjudication of their grievance.
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Section A17.1. Definitions.
17.1.1. Grievance: Any issue relating to interpretation,
application, or enforcement of any provision
contained in this Agreement.
17.1.2. Issue: Any dispute, complaint, problem, or question
arising with respect to working conditions or
employer‐employee relations of any nature or kind
whatsoever.
17.1.3. Guild Representative: A Guild member designated by
the Guild President as a bargaining representative.
Section B.17.2. Procedure.
The steps set forth herein shall be followed unless the Chief of
Police and the Grievant, Guild, or individual raising the issue agree
in any particular case that the procedural steps and/or time limits
should be modified. Any agreement to modify the procedural steps
and/or time limits shall be in writing. In the event that no provision
is made to modify any procedural steps and/or time limits, and
either of the parties violates them, the grievance/issue shall be
considered settled in favor of the party that is not in default at the
time. If any specified participant in the steps below is absent and
thus unable to timely participate, such step(s) may be completed
by the participant’s designee.
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Step (1)
The employees and/or Guild Representative shall submit the
grievance/issue in writing to the Division
Commander/Manager within twenty (20) calendar days from
the date that the grievant knew or reasonably should have
known of the action precipitating the grievance/issue. The
Division Commander/Manager shall notify the Employee(s)
and the Guild Representative in writing of his/her decision
and the reasons therefore within fifteen (15) calendar days
thereafter.
Step (2)
If the grievant is not satisfied with the decision rendered,
he/she shall submit the grievance/issue in writing to the
Deputy Chief within fifteen (15) calendar days. If the grievance
is initiated by the Guild, it shall be initiated at Step (2) of the
grievance process within fifteen (15) calendar days from the
date the Guild knew or reasonably should have known of the
action precipitating the grievance/issue. The Deputy Chief
shall notify the employee(s) and the Guild Representative in
writing of his/her decision and the reasons therefore within
fifteen (15) calendar days thereafter.
Step (3)
If the grievant is not satisfied with the decision rendered,
he/she shall submit the grievance/issue in writing to the Chief
of Police within fifteen (15) calendar days. The Chief of Police
shall notify the employee(s) and the Guild Representative in
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writing of his/her decision and the reasons therefore within
fifteen (15) calendar days thereafter.
Step (4)
If the grievant is not satisfied with the decision rendered,
he/she shall submit the grievance/issue in writing to the
Mayor within fifteen (15) calendar days. The Mayor shall
notify the employee(s) and the Guild Representative in writing
of his/her decision and the reasons therefore within fifteen
(15) calendar days thereafter. Consideration of the issue shall
conclude at this point.
Step (5)
If the grievance has not been settled by the Mayor, either
party may submit the matter to arbitration. In any case, the
matter must be referred to arbitration within ninety (90) days
from conclusion of the fifteen (15) day period of consideration
by the Mayor. A neutral arbitrator will be selected jointly by
both parties. If the parties cannot agree on an arbitrator, they
will request a list of arbitrators from the American Arbitration
Association (AAA) and alternately strike names, if necessary,
to pick an arbitrator. The arbitrator selection process will not
exceed ten (10) days. The total cost of the proceedings shall
be borne equally by both parties. The arbitrator’s award shall
be final and binding on both parties, provided, however, that
no authority is granted to the arbitrator to modify, amend, or
delete any terms of this Agreement.
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When an employee or the Guild appeals a grievance to
arbitration, such appeal shall be made in writing and shall
constitute an election of remedies and, to the extent allowed
by law, a waiver of any and all rights by the appealing
employee or the Guild to litigate or otherwise contest the
appealed matter in any court or other available forum.
17.3Section C. Election of Remedies.
In the case of disciplinary actions that are appealable to the Civil
Service Commission, a non‐probationary employee may file a
grievance under the terms of this Agreement alleging that the
disciplinary action was not for just cause. If the employee does so,
it shall constitute an election of remedies and said employee shall
be barred from pursuing the issue in any other forum including, but
not limited to, the Civil Service Commission. Likewise, if an
employee files litigation in any other legal forum, including Civil
Service, that employee may not grieve said discipline and any
grievance previously filed shall be deemed withdrawn and any
remedies previously granted shall be void.
ARTICLE 18 – PERFORMANCE OF DUTY
Section A.
Nothing in this Agreement shall be construed to give an employee
the right to strike, and no employee shall strike or refuse to
perform assigned duties to the best of his/her ability. It is further
agreed that no employee shall refuse to cross the picket line of any
other union during his/her scheduled work shift.
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Section B.
The parties recognize and agree to abide by the provisions of RCW
41.56.120.
ARTICLE 19 – RETENTION OF BENEFITS
Section A.
Wages, hours, benefits, and working conditions constituting
mandatory subjects of bargaining in effect on the effective date of
this Agreement shall be maintained unless changed by mutual
agreement between the Employer and the governing body of the
Guild.
Section B.
The Employer agrees to notify the Guild in advance of changes or
hearings affecting working conditions of any employee covered by
this Agreement, except in emergency situations and provided that
the Employer is aware of the changes or hearings.
ARTICLE 20 – PAY DAYS
Section A20.1. Pay Dates.
Employees shall be paid twice each month and any employee who
is laid off or terminated shall be paid all monies due on the next
following payday. All employees shall be paid on the 10th and 25th
day of each month. If the 10th or 25th 25th day of the month falls on
a holiday or weekend period, the employees shall be paid on the
last business day prior to that period.
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If an employee is leaving on vacation, an early check request
authorized by the immediate supervisor may be granted provided
the check has been processed and is ready for disbursement.
Section B20.2. Direct Deposit.
All employees will participate with direct deposit of paychecks. The
Employer will adopt appropriate administrative procedures
allowing for direct deposit. The Employer will, to the extent
feasible, assure that funds are transmitted as near in time as
possible to the time at which paychecks are distributed to other
employees.
ARTICLE 21 – SAVINGS CLAUSE
Section A21.1. Savings Clause.
If any article of this Agreement or any addenda hereto should be
held invalid by operation of law or by any tribunal of competent
jurisdiction or if compliance with or enforcement of any article
should be restrained by such tribunal, the remainder of this
Agreement and Addenda shall not be affected thereby, and the
parties shall enter, within ten (10) calendar days, into collective
bargaining negotiations for the purpose of arriving at a mutually
satisfactory replacement or modification of such Article held
invalid.
Section B21.2. Contract/Civil Service.
Any conflict between the provisions of this Agreement and current
Civil Service Rules and Regulations shall be resolved as set forth
herein. It is further understood that (a) to the extent the labor
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agreement does not address a matter (e.g., discipline, seniority, lay
offs, etc.) and Civil Service does, then Civil Service shall prevail; (b)
to the extent the labor agreement does address a matter (e.g.,
discipline, seniority, lay offs, etc.) and Civil Service also does so, the
labor agreement shall prevail. The Employer and Guild otherwise
retain their statutory rights to bargain changes in Civil Service Rules
and Regulations (i.e. changes initiated after the effective date of
this agreement) for employees in the bargaining unit. Upon
receiving notice of such proposed changes(s) from the Civil Service
commission, either party may submit a written request to the
mayor (within sixty (60) calendar days after receipt of such notice)
and the result of such bargaining shall be made a part of this
Agreement.
Section C21.3. Successor Agreement.
This Agreement and any and all amendments and modifications
hereafter entered into and executed by and between the parties
hereto shall be binding and inure to the benefit of the parties’
respective successors and assigns and any other governmental
entity succeeding to the City of Renton’s obligations hereunder.
Section D.
In case of any merger or consolidation by the Employer with
another governmental agency, either party shall have the right to
reopen this Agreement for negotiation of any positions affected by
the merger or consolidation.
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Section E21.4. FLSA Disputes.
The Employer shall have the right to bargain any issues arising out
of the implementation of the Fair Labor Standards Act (FLSA)
including any conflicts that may arise regarding Article 19,
Retention of Benefits. Statutory provisions for resolution of
impasses reached in collective bargaining, and contractual
provisions for resolution of grievances arising out of such FLSA
issues shall apply.
ARTICLE 22 – ENTIRE AGREEMENT
Section A.
The Agreement expressed herein in writing constitutes the entire
Agreement between the parties, and no oral statement shall add to
or supersede any of its provisions.
Section B.
The parties acknowledge that each has had the unlimited right and
opportunity to make demands and proposals with respect to any
matter deemed a proper subject for collective bargaining. The
results of the exercise of that right are set forth in this Agreement.
Therefore, except as otherwise provided in this Agreement, the
Employer and the Guild for the duration of this Agreement each
voluntarily and unqualifiedly agrees to waive the right to oblige the
other party to bargain with respect to any subject or matter not
specifically referred to or covered in this Agreement.
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ARTICLE 23 – DURATION OF AGREEMENT
DURATION OF CONTRACT: JANUARY 1, 2010 2013 – DECEMBER 31,
20122015
Signed this _____ day of __________________, 20102013, at
Renton, Washington.
CITY OF RENTON RENTON POLICE GUILD (NON‐
(NON‐COMMISSIONED)
Denis Law, Mayor Mark Coleman, President
Kevin Milosevich, Police ChiefNancy A. Carlson, Bill
Judd, Member (LeadTerri Vickers, Member)
HRRM Administrator
Nancy CarlsonKevin Milosevich, Police Chief,
Chad Jay, MemberThomas Wilkinson,
HRRM Administrator Member
Eileen FlottKatie McClincy, Commander , HR Manager
Darrell Pilat, MemberDarrell Pilat, Member
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Timothy TroxelCathryn Laird, HR Manager , Deputy Chief Terri
Vickers, MemberAugustine Abrams,
Member
Janelle TarasewiczBrian Sandler, HR Analyst Sandra
Whittington, Member
ATTEST:
Bonnie I. Walton, City Clerk
Approved as to legal form:
Lawrence J. Warren
City Attorney
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APPENDIX A
Section A.1. Salary Increase
1. Effective January 1, 20102013, the base wages for all
positions in the bargaining unit shall be the same as
theincreased by 0.5% above the wages in place in
20092012.
2. Effective January 1, 20112014, base wages shall be
increased by 1.5% above the wages in place in 20102013.
3. Effective January 1, 20122015, the base wages shall be
increased by 2.5% above the wages in place in 20112014.
Section BA.2. Salary Schedule
Effective January 1, 20130, the salary schedule shall be as follows:
12 Mos.
Step A
12 Mos.
Step B
12 Mos.
Step C
12 Mos.
Step D
49+ Mos.
Step E
Parking Enforcement
Officer
2781
2,893
3023
3,145
3361
3,497
3734
3,884
3916
4,074
Police Secretary 3089
3,214
3336
3,470
3671
3,820
4040
4,203
4239
4,410
Police Service Specialist 3299
3,432
3562
3,706
3921
4,079
4314
4,488
4527
4,709
Police Service Specialist
Lead
(7.5% over Step E of Police Service
Specialist)
4867
5,062
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Police Service Specialist
Supervisor
(15% over Step E of Police Service
Specialist)
5206
5,415
Animal Control Officer 3576
3,721
3866
4,023
4252
4,424
4676
4,865
4909
5,107
Jailer 3576 3866 4252 4676 4909
Jail Sergeant (15% over step E of Jailer) 5645
Evidence Technician 3791
3,945
4092
4,257
4504
4,686
4955
5,156
5209
5,420
Electronic Home
Detention
JailerCoordinator
3974
4,135
4290
4,463
4723
4,913
5192
5,402
5450
5,671
Police Community
Program Coordinator.
4028
4,191
4352
4,529
4781
4,975
5155
5,364
5414
5,633
Domestic Violence
Victim Advocate
3760
3,912
4084
4,249
4540
4,724
4989
5,191
5253
5,466
Crime Analyst 4028
4,191
4352
4,529
4781
4,975
5155
5,364
5414
5,633
Section C. – Accreditation Premium
The Employer shall contribute three percent (3.0%) of the
employee’s base wage into the deferred compensation plan for
each employee as a premium for accreditation of the police
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department, and shall remain in effect throughout the life of this
Agreement.
A.3. Deferred Compensation.
The Employer shall increase its contribution to the deferred
compensation plan of each employee as follows:
In 2013, the amount will increase by 0.5% from the 2012 employer
contribution to the deferred compensation plan, which equals a
total of 3.5%.
In 2014, the amount will increase by 0.5% from the 2013 employer
contribution to the deferred compensation plan, which equals a
total of 4%.
In 2015, the amount will increase by 1.5% from the 2014 employer
contribution to the deferred compensation plan, which equals a
total of 5.5%.
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APPENDIX B
B.1 Longevity Pay.
Employees shall receive longevity pay according to the following
scale:
Completion of 5 years – 2%
Completion of 10 years – 4%
Completion of 15 years – 6%
Completion of 20 years – 10%
Completion of 25 years – 12%
B.2 Educational Pay.
Employees shall receive educational pay according to the following
scale:
AA Degree/90 credits – 4%
BA/BS Degree/Masters – 6%
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APPENDIX C
SUBJECT: INTERNAL AFFAIRS ‐ ADMINISTRATION
This order consists of the following numbered sections:
52.1.1 Complaints – Investigation
52.1.2 Direct Access to the Chief of Police
52.1.3 Complaints – Notifying the Chief of Police
52.1.4 Complaint Investigation Time Limits
52.1.5 Complainant Notification of Status of Investigation
52.1.6 Notification of Allegations and Rights
52.1.7 Conditions for Additional Investigation
52.1.8 Internal Investigations – Relief from Duty
52.1.9 Internal Investigations – Conclusion of Fact
52.1.10 Internal Investigations – Records
52.1.11 Internal Investigations – Annual Summary
52.1.12 Internal Investigations – Registering Complaint
Procedures
52.1.1 Complaints – Investigation
I. All complaints against the agency or its employees will be
investigated. The function of Internal Affairs is to ensure that
the integrity of the Renton Police Department is maintained
through an internal system. Objectivity, fairness, and justice
are assured by intensive and impartial investigation and
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review to clear the innocent, establish guilt of wrongdoers,
and facilitate fair, suitable, and consistent disciplinary action.
II. The Chief of Police is responsible for the Internal Affairs
function, and delegates responsibility to the Deputy Chief. The
Deputy Chief is responsible for:
A. Recording, registering, and controlling the investigation of
complaints against department members:
1. Upon receipt of a complaint, the Deputy Chief will
review the complaint, enter the complaint in the
Complaint Log and obtain a log number, check the
Complaint Log for any similar complaints and notify the
Chief of Police of the allegations;
2. The Deputy Chief will determine if the investigation is
to be handled by the principal member’s supervisor, or
other departmental personnel with specific expertise
relating to the allegation. In the case of a criminal
allegation, the Chief of Police will determine if the
investigation is to be assigned to the Investigations
Division or elsewhere.
B. Supervising and controlling the investigation of alleged
or suspected misconduct within the department.
1. Deputy Chief will assign complaints and allegations
of misconduct for investigation;
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2. Division Commanders will ensure investigations are
promptly adjudicated to ensure the integrity of the
department and its members;
3. When the investigation is completed, it will be
forwarded to the appropriate chain of command for
staff review.
C. Maintain the confidentiality of the internal affairs
investigation and records:
1. The Administrative Secretary will maintain the
Complaint Log and Investigation Files, permitting no
access to them, except as authorized by the Chief of
Police.
III. The following types of investigations may be conducted as
part of an Internal Affairs function:
A. Informal investigation may be conducted on complaints
determined to be informal primarily based upon the nature
and complexity of the allegation(s). Incidents that are of a
less serious nature should be reported to the member’s
division commander in a timely manner, which would
normally be within 24 hours, except on weekends.
Informal Investigation:
1. May be conducted on less serious allegations of
misconduct where the supervisor or command officer
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has the option to handle the complaint at the lowest
level of supervision;
2. May be conducted on complaints in which the
complainant does not wish to sign a formal complaint.
3. Examples of complaints that may be classified as
informal include but are not limited to:
a. Failure to take proper police action;
b. Slow or no response;
c. Poor demeanor.
B. Formal investigations are determined to be formal
primarily based upon the nature and complexity of the
allegation. Formal complaints against employees will be
directed immediately to the member’s division commander
or manager via the chain of command. Division
Commanders will notify the Deputy Chief who will forward
the complaint to the Chief of Police.
Formal Investigation:
1. Will be conducted on all signed Police/Citizen
Complaints;
2. Will be conducted on serious allegations of misconduct;
3. Examples of complaints or allegations that may be
determined as formal include but are not limited to:
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a. Allegations of violations of law;
b. Allegations of brutality of misuse of force;
c. Breach of civil rights.
C. Formal investigations will be reviewed by those
responsible for the Internal Affairs function, the Deputy Chief
and the Chief of Police. Review of informal investigations is
the responsibility of the respective supervisor of the person
investigating the complaint.
IV. Investigation – The primary responsibility for the proper
completion of investigation of all allegations of employee
misconduct lies with the Deputy Chief.
A. As a general policy, all informal investigations are handled
by the line supervisor. Any formal or informal complaints or
inquiries may be investigated by a line supervisor.
B. The individual assigned as the investigator will be one of
the following persons:
1. The accused employee’s supervisor;
2. A member of the Investigations Division;
3. Anyone else the Chief may designate.
C. The investigating officer will commence his investigation on
the basis of the complaint.
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1. If, during the investigation of the initial complaint, it is
disclosed that other misconduct may have taken place,
this misconduct will also be investigated, reported upon,
and adjudicated.
2. The investigator assigned will investigate and report all
aspects of the case in a manner which is fair and
impartial to all persons.
3. The investigator will be responsible for informing the
Division Commanders of the continuing developments in
the investigation to determine whether to:
a. Retain the accused employee in current
assignment.
b. Excuse the accused employee from duty.
c. Assign the accused employee to some other duty
where there is close supervision and limited contact
with the public or other police personnel.
4. The investigator will complete the investigation and
submit the report in a timely manner with a goal of
completing the process within the 30‐day limit.
D. The investigator’s final report to Internal Affairs for
informal investigations will be completed in accordance
with General Order 52.1.4.
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E. The investigator’s final report to Internal Affairs on formal
investigations will contain:
1. A written summary report which includes:
a. The Internal Affairs number;
b. The nature of complaint;
c. The name(s) of employee(s) involved;
d. The allegations summary (concise, but a complete
synopsis of the allegations);
e. Investigation – including a chronological summary
of the investigation;
f. Findings of fact – including, by numerical listing, a
summary of findings of fact.
2. Statements – interviews and letters of employees,
citizens, and witnesses.
3. Reports – copies of all related reports.
4. Correspondence – copies of any memos or formal letters
related to the investigation.
IV. Staff Review of Internal Affairs Investigations
A. After the investigation of formal complaints is completed,
the case file will be forwarded to the involved employee’s
chain of command for staff review.
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B. The first line supervisor will review the case, make his
disposition and penalty recommendations, when
applicable, and forward the file to his Division Commander
for review.
C. The Division Commander will review the case, make the
recommendations, and forward the file to the Deputy
Chief.
D. The Deputy Chief will review the case, make
recommendations, and forward the file to the Chief of
Police for final review and final adjudication.
E. The final disposition of each allegation in a complaint will
be classified in one of the ways outlined in General Order
52.1.9.
F. Upon approval of the Chief of Police, the Internal Affairs’
assigned component will send a letter to the reporting
party, and notify the employee through the chain of
command as to the disposition.
G. The completed investigation will then be considered closed,
and filed numerically.
52.1.2 Direct Access to Chief of Police
I. The Deputy Chief is responsible for the Internal Affairs
component, and reports directly to the Chief of Police.
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52.1.3 Complaints – Notifying the Chief of Police
I. All complaints against the department or department
personnel shall be directed to the member’s division
commander or manager via the chain of command. Division
commander and manager will notify the Deputy Chief when
such complaints are brought to their attention. The Deputy
Chief will, in turn, forward to the Chief of Police information
about the complaint and how it was received.
52.1.4 Complaint Investigation – Time Limits
I. To achieve a speedy resolution to internal affairs issues, an
Internal Affairs investigation will generally be completed
within 30 days. A verbal status report will be given to the
Chief of Police at least weekly.
II. In cases where extenuating circumstances exist, the time limit
may be extended by the Deputy Chief with approval of the
Chief of Police.
52.1.5 Complainant Notification of Status of Investigation
I. The Renton Police Department will keep the complainant
informed concerning the status of a complaint.
A. Complainants signing a formal complaint form (RPD073)
will be furnished a copy of the complaint form. The form
briefly describes the responsibilities of the complainant
and the actions to expect of the Renton Police
Department.
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B. Periodic status reports will be communicated to
complainants signing a formal complaint, although the
degree of specificity of the status report is at the
discretion of the investigator;
C. A letter approved and signed by the Chief of Police will
be sent to the complainant informing him/her of the
final disposition of their formal complaint.
52.1.6 Notification of Allegations and Rights
I. Affected employees who become the subject of an internal
affairs investigation will be notified in writing:
A. That they have become the subject of an internal affairs
complaint;
B. The allegation(s) against the employee;
C. The employee’s rights and responsibilities relative to the
investigation.
II. The principal member of the investigation will be furnished a
copy of the complaint. Affected employees will be afforded all
protections under State law, Civil Service, City Ordinance, and
the Officer’s Bill of Rights as agreed upon between the City of
Renton and the Renton Police Guild.
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52.1.7 Conditions for Additional Investigation
I. Evidence collection for investigations involving Renton Police
Department employees will be conducted in accordance with
state law, and the current applicable labor agreement
between the City of Renton and the Renton Police Officer’s
Guild.
II. Additional investigation may be required during the course of
such investigation. The following may be requested of the
principal department member upon the approval of the Chief
of Police or his designee:
A. Medical or laboratory examinations;
B. Photographs of the affected employee(s);
C. Directing the employee to participate in a lineup;
D. Requiring an employee to submit financial disclosure
statements, records;
E. Use of instruments for the detection of deception,
including polygraph.
52.1.8 Internal Investigations – Relief From Duty
I. Supervisors or command officers may temporarily relieve an
employee from duty with pay, under the following
circumstances:
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A. The employee is unfit for duty due to physical or
psychological reasons (i.e. intoxication, etc.).
B. Supervisors or command officers may temporarily relieve
an employee from duty, with pay, in response to serious
performance related issues, or actions pending
disposition of an internal affairs investigation.
II. An employee relieved from duty will be required and directed
to report to the Deputy Chief, or his designee, at 0900 hours
the next day. The supervisor or command officer relieving the
employee from duty will also report to the Chief of Police with
all the necessary reports. The Deputy Chief with the approval
of the Chief of Police may extend the relief from duty as
required by the circumstances.
III. In all cases where an employee is relieved of duty under this
General Order, the employee’s Supervisor, Division
Commander, Deputy Chief, and CDO (Command Duty Officer)
will be notified as soon as possible.
52.1.9 Internal Investigations – Conclusion of Fact
I. An assessment of each allegation of employee misconduct
shall be made and classified as one of the following.
A. Exonerated – The alleged act occurred, but was justified,
legal and proper;
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1. Proper conduct – The allegation is true. The action
of the agency or the employee was consistent with
agency policy, and the complainants suffered no
harm;
2. Policy Failure – The allegation is true, though the
action of the agency or the employee was
consistent with agency policy. The complainant
suffered harm.
B. Sustained – The accused employee committed the
allegation of misconduct.
C. Not Sustained – The investigation produced insufficient
information to clearly prove or disprove the allegation.
D. Unfounded – The alleged act did not occur.
E. Misconduct not based on the original complaint – This is
used to indicate the discovery of sustained acts of
misconduct that were not alleged in the original
complaint. The new allegations are investigated under
the same procedures.
52.1.10 Internal Investigations – Records
I. The Renton Police Department investigates and maintains
records of all complaints made against the Department and its
employees. These records shall be maintained securely,
ensuring the confidentiality of these records are protected.
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A. The Administrative Secretary maintains a complaint log
of all formal complaints, which is maintained by the
office of the Chief of Police.
B. Supervisory and Command personnel are responsible to
securely maintain appropriate records of all informal
complaints.
52.1.11 Internal Investigations – Annual Summary
I. The Deputy Chief will compile an annual statistical summary
report based on the records of Internal Affairs investigations.
Copies of the statistical summary will be disseminated to the
Chief of Police for appropriate distribution, including the
Accreditation Files. The report will be made available through
the Chief of Police to the public, City officials and Department
employees upon request.
52.1.12 Registering Complaint Procedures
I. The Renton Police Department will make available to the
general public the Police/Citizen Complaint form (RPD073).
The form may be obtained from any supervisory or command
officer or at the Front Counter.
II. The form will briefly describe the responsibilities of the
complainant and the investigation process.
III. All employees will be furnished a copy of the General Orders
and should make themselves aware of the provisions.
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APPENDIX D – MEDICAL RELEASEAPPENDIX D – MEDICAL RELEASE
AP
P
E
N
D
I
X
D – ME
D
I
C
A
L
RE
L
E
A
S
E
I, ________________________, hereby release
Dr.___________________________ to provide the following
medical information to my employer. In accordance with
sections 102(c)(B), 102(c)(C) and 102(c)(4)(C) of the Americans
with Disabilities Act, the above‐named doctor is required to
maintain all medical records in association with the examination
of me on separate forms and in separate medical files and must
treat those records as a confidential record with the following
exceptions:
The above‐named doctor may advise my employer
regarding:
Psychological or physical fitness to perform all the essential
functions of my current job classification;
If unable to perform all those functions, the duties that I am able
to perform and which duties I am not able to perform;
If unable to work at this time, when I can reasonably be
expected to return to work at my regular duties;
Any necessary restrictions on my work or duties;
Any necessary accommodations which may be required to allow
me to perform the essential functions of my current job
classification; and
Any recommendation for psychotherapy or other form of
therapy, counseling and/or medical treatment.
This Release is intended to grant no further access to my
confidential medical records than the Americans with Disabilities
Act allows, and the examining physician is instructed
accordingly.
__________________ _____________________
PATIENT DATE
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INDEX
A
actual service .......................... 34
Alcohol Testing ........................ 52
Animal Control Officers ........... 16
anniversary ............................. 38
Appendix A .............................. 67
Appendix B .............................. 70
Appendix C .............................. 71
arbitration ............................... 59
assessments .............................. 9
B
bilingual .................................. 26
Bill of Rights ...................... 45, 46
bump ....................................... 11
C
Chief of Police . 12, 24, 45, 55, 57,
72, 74, 78, 79, 81, 84
children ................................... 28
Christmas ................................ 30
Civil Service commission ......... 63
Civil Service Commission ......... 60
Civil Service Rules and
Regulations ............... 11, 45, 62
Clothing Allowance ................. 23
COBRA ..................................... 43
Command Staff ....................... 19
Community Program
Coordinators ................... 16, 23
Compensatory Time ................ 19
conferences ............................... 9
Consolidated Omnibus Budget
Reconciliation Act ................. 43
court ............................ 12, 18, 60
Crime Analyst .............. 17, 23, 68
D
death ................................. 28, 34
deferred compensation ........... 27
Deputy Chief .. 58, 65, 72, 74, 78,
79, 82, 84
direct deposit .......................... 61
discharge ..................... 13, 45, 55
discipline ......... 13, 45, 49, 60, 62
domestic partner ..................... 28
Domestic Violence Victim’s
Advocate .............................. 23
double time ............................. 17
Drug And Alcohol Testing ........ 52
due process ............................. 12
dues ...................................... 8, 9
dues deduction ....................... 10
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Duration of Agreement ........... 65
E
Early Release ........................... 22
educational incentive .............. 32
Educational Pay ....................... 70
EHD ................................... 15, 16
election of remedies ............... 60
Electronic Home Detention
Officer .................................. 15
eligibility list ............................ 10
emergency .. 9, 15, 17, 22, 25, 37,
61
Employment Practices ............ 10
employment records ............... 13
Entire Agreement .................... 64
equipment ........................ 23, 24
Evidential Breath Testing device
............................................. 53
examination ................ 12, 25, 85
executive order ....................... 30
F
Fair Labor Standards Act .. 17, 18,
63
Fair Practices Policy ................. 14
Family emergencies ................ 28
family medical emergencies.... 28
fitness incentive ...................... 26
FLSA ................................... 18, 63
Funeral Leave .......................... 28
G
General Orders ........................ 84
graveyard shift .................... 9, 18
grievance ............... 14, 56, 58, 60
grievances ......................... 56, 63
Group Health ........................... 41
Guild meetings .......................... 8
Guild representative ..... 9, 48, 50
Guild Representative ......... 57, 58
H
Hazardous duty pay ................. 25
Hazardous Duty Pay ................ 25
Health insurance ..................... 41
Health Insurance ..................... 39
hearing .................................... 18
holiday .............................. 30, 61
hours of duty ........................... 20
Hours of Duty .......................... 14
I
illness .......................... 28, 33, 34
immediate family .................... 28
incapacitated ........................... 34
Indemnify and Defend ............. 44
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indemnify and hold harmless .. 10
Independence Day .................. 29
Inspection of Papers ............... 12
Insurance .......................... 39, 42
Insurances ............................... 38
Internal Affairs ‐ Administration
............................................. 71
internal investigation ........ 13, 47
interpreters ....................... 25, 26
investigation ... 48, 50, 72, 75, 77,
80, 84
Investigation ......... 71, 74, 77, 79
investigations .. 45, 48, 74, 75, 81,
84
Investigations ........ 52, 72, 77, 82
L
Labor Day ................................ 29
laid off ......................... 11, 34, 61
laid‐off .................................... 11
Lead Police Service Specialist .. 25
Leaves of Absence ................... 10
legal holidays .......................... 29
lethal force .............................. 51
Life Insurance .......................... 42
light duty ................................. 29
Light duty Requirement .......... 29
Line of Duty Death or Other
Critical Incidents ................... 51
Longevity Pay .......................... 70
long‐term disability ................. 44
Loudermill ............................... 49
M
Medical coverage .................... 39
medical release ....................... 51
medical release form ............... 51
Medical Review Officer ..... 53, 54
Memorial Day .......................... 29
minimum staffing levels .......... 36
minimums ............................... 18
misconduct . 13, 47, 72, 74, 76, 82
MRO ........................................ 53
N
new positions .................... 22, 26
New Year’s Day ....................... 29
non‐association ......................... 8
Non‐Discrimination ................. 14
O
off‐site training ........................ 20
out of classification ................... 9
Overnight Accommodations ... 20,
21
overtime ..... 17, 18, 19, 21, 26, 38
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P
parents .................................... 28
Parking Enforcement Officer .. 16,
67
Pay Days .................................. 61
payday .............................. 38, 61
penalty .................. 37, 38, 51, 78
pension ................................... 38
Performance of Duty ............... 60
personal leave ....... 32, 33, 34, 35
personnel file .................... 12, 13
personnel files ................... 12, 13
Personnel Reduction ............... 10
personnel rotation .................. 15
physical fitness .................. 26, 85
picket line ............................... 60
Police Secretaries .................... 16
Police Service Specialists ... 16, 25
Police Services Specialist
Supervisor ............................ 25
polygraph .......................... 51, 81
Preamble ................................... 6
pre‐disciplinary ....................... 49
premium ............... 25, 26, 38, 41
Premium Pay ........................... 25
premiums .............. 18, 39, 40, 44
probation ................................ 14
probationary employees ......... 15
promotional probation period 14
promotions .............................. 11
psychological evaluation ......... 50
Q
quartermaster system ....... 24, 25
R
Recognition and Bargaining Unit
............................................... 6
reduction ........................... 11, 42
reductions ............................... 10
Regular employees .................. 11
REHBT ......... 38, 39, 40, 41, 42, 43
rehires ..................................... 11
Rehires .................................... 11
REHP ............................ 38, 39, 42
religious ..................................... 8
Renton Employees’ Healthcare
Board of Trustees ........... 38, 41
Renton Employees’ Healthcare
Plan ....................................... 38
reorganization ......................... 10
Retention of Benefits .............. 61
retirement ......................... 23, 28
rotation ................................... 15
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S
salaries .................................... 22
salary range ............................. 11
Savings Clause ......................... 62
secret files ............................... 13
seniority ........... 10, 11, 16, 36, 62
Shift assignments .................... 16
shift rotation ........................... 17
sick leave ............... 27, 28, 29, 44
staffing level ............................ 16
staffing levels .......................... 36
standby ................................... 19
straight time ........................... 19
suspend ............................. 45, 55
T
Temporary employees ............ 10
terminated .............................. 61
Thanksgiving ..................... 29, 30
time and one‐half ....... 17, 18, 26
time off .... 8, 9, 19, 29, 35, 36, 37
training ............ 17, 20, 21, 24, 25
Training Trade Days ................. 20
tuition ..................................... 30
U
Uniform Cleaning .................... 25
uniforms .................................. 24
Unusual Occurrences Manual . 51
V
Vacancies ................................ 11
vacation bids ..................... 35, 36
Veteran’s Day .......................... 29
voluntary separation ............... 28
W
work schedules ....................... 15
work week ................... 14, 15, 25
Working Out of Classification .. 26
Written warnings .................... 13
A
Accreditation Premium ........... 65
actual service .......................... 35
Alcohol Testing ........................ 49
Animal Control Officers ........... 17
anniversary ............................. 39
Appendix A .............................. 64
Appendix B .............................. 66
Appendix C .............................. 67
Appendix D .............................. 81
arbitration ............................... 56
assessments ............................ 10
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B
bilingual .................................. 27
Bill of Rights ............................ 45
bump ....................................... 12
C
Chief of Police . 13, 25, 45, 52, 54,
68, 70, 74, 75, 77, 80
children ................................... 29
Christmas ................................ 31
Civil Service commission ......... 60
Civil Service Commission ......... 57
Civil Service Rules and
Regulations ............... 12, 45, 59
Clothing Allowance ................. 24
COBRA ..................................... 44
Command Staff ....................... 20
Community Program
Coordinators .................. 17, 24
Compensatory Time ................ 19
conferences ............................ 10
Consolidated Omnibus Budget
Reconciliation Act ................. 44
court ..................... 12, 19, 22, 56
Crime Analyst .............. 17, 24, 65
D
death ................................. 29, 35
deferred compensation .... 28, 29,
65
Deputy Chief .. 55, 62, 68, 70, 74,
75, 78, 80
direct deposit .......................... 59
discharge ..................... 14, 45, 52
discipline ......... 13, 45, 47, 57, 59
domestic partner ..................... 29
Domestic Violence Victim’s
Advocate .............................. 24
double time ............................. 18
Drug And Alcohol Testing ........ 49
due process ............................. 12
dues .................................... 9, 10
dues deduction ....................... 10
Duration of Agreement ........... 62
E
Early Release ........................... 22
educational incentive .............. 33
EHD ......................................... 16
election of remedies ............... 56
Electronic Home Detention
Officer ................................... 16
eligibility list ............................ 11
emergency 10, 16, 18, 23, 26, 38,
58
Employment Practices ............. 11
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employment records ............... 13
Entire Agreement .................... 61
equipment ........................ 24, 25
Evidential Breath Testing device
............................................. 50
examination ................ 13, 27, 81
executive order ....................... 31
F
Fair Labor Standards Act .. 16, 18,
60
Fair Practices Policy ................. 15
Family emergencies ................ 29
family medical emergencies.... 29
fitness incentive ...................... 28
FLSA ............................ 16, 18, 60
Funeral Leave .......................... 29
G
General Orders.................. 47, 80
graveyard shift .............. 9, 19, 22
grievance ......... 14, 15, 53, 55, 57
grievances ......................... 53, 61
Group Health .......................... 42
Guild meetings .......................... 9
Guild representative ... 10, 46, 47
Guild Representative ........ 54, 55
H
Hazardous duty pay ................. 26
Hazardous Duty Pay ................ 26
Health insurance ..................... 42
Health Insurance ..................... 40
hearing .................................... 19
holiday .............................. 31, 58
hours of duty ..................... 20, 30
Hours of Duty .......................... 15
I
illness .......................... 29, 34, 35
immediate family .................... 29
incapacitated ........................... 35
Indemnify and Defend ............. 44
indemnify and hold harmless .. 10
Independence Day .................. 30
in‐service training .................... 22
Inspection of Papers ................ 13
Insurance ........................... 40, 43
Insurances ............................... 39
Internal Affairs ‐ Administration
............................................. 67
internal investigation ........ 14, 46
interpreters ............................. 27
investigation ... 46, 48, 68, 71, 73,
76, 80
Investigation .......... 67, 70, 73, 75
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investigations .. 45, 46, 70, 71, 77,
80
Investigations ........ 49, 68, 73, 78
J
Jail Sergeants .................... 16, 26
Jailers ................................ 16, 26
L
Labor Day ................................ 30
laid off ......................... 11, 35, 58
laid‐off .................................... 12
Lead Police Service Specialist .. 26
Leaves of Absence ................... 11
legal holidays .......................... 30
lethal force .............................. 49
Life Insurance .......................... 43
light duty ................................. 30
Light duty Requirement .......... 30
Line of Duty Death or Other
Critical Incidents ................... 49
long‐term disability ................. 44
Loudermill ............................... 47
M
Medical coverage .................... 40
medical release ....................... 48
medical release form .............. 48
Medical Review Officer ..... 50, 51
Memorial Day .......................... 30
minimum staffing levels .......... 37
minimums ......................... 19, 22
misconduct . 13, 46, 68, 70, 72, 78
MRO ........................................ 50
N
new positions .................... 24, 27
New Year’s Day ....................... 30
non‐association ......................... 9
Non‐Discrimination ................. 15
Non‐probationary employees . 46
O
off‐site training ........................ 20
out of classification ................. 10
Overnight Accommodations ... 20,
21
overtime .... 18, 19, 20, 21, 22, 23,
27, 38
P
parents .................................... 29
Parking Enforcement Officer .. 17,
64
Pay Days .................................. 58
payday ............................... 39, 58
penalty ........................ 38, 49, 74
pension ................................... 39
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per diem .................................. 22
Performance of Duty ............... 57
personal leave .. 33, 34, 35, 36, 38
personnel file .................... 12, 13
personnel files ................... 12, 13
Personnel Reduction ............... 11
personnel rotation .................. 16
physical fitness .................. 28, 81
picket line ............................... 57
Police Secretaries .................... 17
Police Service Specialists ... 17, 26
Police Services Specialist
Supervisor ............................ 26
polygraph .......................... 48, 77
Preamble ................................... 7
pre‐disciplinary ....................... 47
premium .... 26, 27, 28, 39, 42, 65
Premium Pay ........................... 26
premiums .............. 18, 40, 41, 44
probation ................................ 14
probationary employees ......... 16
promotional probation period 14
promotions ............................. 12
psychological evaluation ......... 48
Q
quartermaster system ....... 25, 26
R
Recognition and Bargaining Unit
............................................... 7
reduction ........................... 14, 43
reductions ............................... 11
Regular employees .................. 11
REHBT .................... 39, 40, 42, 43
rehires ..................................... 14
REHP ...................... 39, 40, 42, 43
religious ..................................... 9
Renton Employees’ Healthcare
Board of Trustees ........... 39, 42
Renton Employees’ Healthcare
Plan ....................................... 39
reorganization ......................... 11
Retention of Benefits .............. 58
retirement ......................... 24, 29
rotation ................................... 15
S
salaries .................................... 23
salary range ............................. 14
Savings Clause ......................... 59
secret files ............................... 13
seniority .......... 11, 12, 17, 37, 59
Shift assignments .................... 17
shift rotation ........................... 18
sick leave ............... 28, 29, 30, 44
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staffing level ............................ 16
staffing levels .......................... 37
standby ................................... 20
straight time ............... 20, 21, 23
suspend ............................. 45, 52
T
Temporary employees ............ 11
terminated .............................. 58
Thanksgiving ........................... 31
time and one‐half ....... 18, 19, 27
time off .. 9, 10, 19, 30, 36, 37, 38
training ............. 18, 20, 21, 25, 26
tuition ..................................... 32
U
Uniform Cleaning .................... 26
uniforms .................................. 25
Unusual Occurrences Manual . 49
V
Vacancies ................................ 12
vacation bids ..................... 36, 37
Veteran’s Day .......................... 30
voluntary separation ............... 29
W
work schedules ....................... 15
work week ......................... 15, 26
Working Out of Classification .. 27
Written warnings .................... 13
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CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Renewal of contract with Healthcare Management
Administrators (HMA) for 2014
Meeting:
Regular Council - 09 Dec 2013
Exhibits:
2014 HMA contract (Administrative Services
Agreement and Fee Schedule) and two
addendums
Submitting Data: Dept/Div/Board:
Human Resources
Staff Contact:
Nancy Carlson, Administrator, X7656
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ $266,625 Transfer Amendment: $
Amount Budgeted: $ $266,625 Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
The City will continue to utilize the services of Healthcare Management Administrators (HMA) and
Envision Rx to administer medical, dental and prescription claims within our self-funded plan. The fee
includes prescription services, administration of medical and dental claims, and rights to use the
Regence Preferred Provider Network, as well as utilization/large case management, COBRA and HIPAA
administration services. Funds for this service were included in the 2014 Budget.
STAFF RECOMMENDATION:
Approve the 2014 Administrative Services Agreement and Fee Schedule for medical/dental and
prescription claims processed by HMA and Envision Rx, and authorize the Mayor and City Clerk to sign
the Agreement.
7h. - Human Resources and Risk
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HMA, Inc. TPA Agreement Page 1 8/12
ADMINISTRATIVE SERVICES AGREEMENT
DATE: June 24, 2013
PARTIES: City of Renton
1055 S. Grady Way
Renton, WA 98057
the “Company”
Healthcare Management Administrators, Inc.
220 120th Ave NE, Ste. D200
Bellevue, WA 98005
“HMA”
Effective Date: January 1, 2014
When the Company is acting as the Plan Sponsor under this Agreement, it will be referred to as
the “Plan Sponsor,” and when it is acting as the Administrator under this Agreement, it will be
referred to as the “Plan Administrator.” As Plan Sponsor, the Company is acting in its capacity as
the settlor of the Plan; and, as the Plan Administrator, it is acting in its fiduciary capacity.
Recitals:
A. The Plan Sponsor has established a self-insured Employee Welfare Benefit Plan for the
purpose of providing certain benefits to its eligible employees and their dependents (the
“Plan”);
B. The Plan Administrator desires to retain HMA to furnish claims processing and other
ministerial services with respect to the Plan; and
C. HMA is willing to furnish such services, based upon the terms and conditions set forth
herein.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein,
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and intending to be legally bound hereby, the Company and HMA agree as
follows:
Agreement:
1. Definitions. As used in this Agreement, the following terms shall have the following
meanings:
(a) “Effective Date” means the day and year set forth above, which shall be the date
this Agreement becomes effective.
(b) “Participants” means those employees and former employees of the Company,
and their dependents, who have met the el igibility requirements of the Plan, and
have satisfied all other conditions to participation in the Plan.
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HMA, Inc. TPA Agreement Page 2 8/12
2. Relationship of Parties.
(a) HMA Acting In Ministerial Capacity. The parties acknowledge and agree
that HMA is acting solely in a ministerial capa city in performing its duties and
obligations under this Agreement and shall have no discretionary authority or
responsibility with respect to the administration of the Plan. HMA shall have no
power to interpret ambiguities or conflicts that may exist in any provision of the
Plan, but shall abide by the decisions of the Plan Administrator on all questions
of substance and procedure respecting the Plan. HMA does not insure nor
underwrite the liability of the Plan Sponsor under the Plan and shall have no
financial risk or liability with respect to the provision of benefits under the Plan .
(b) Plan Administrator and Named Fiduciary. The parties agree that the
Company is, and shall at all times remain, the Administrator and the Named
Fiduciary. The Plan Administrator shall oversee the administration of the Plan
and shall have the exclusive right to interpret the terms of the Plan and to
determine eligibility for coverage and benefits, which determination shall be
conclusive and binding on all persons; and shall have final authority with respect
to approval or disapproval of any disputed or doubtful claim.
HMA is not a fiduciary with respect to this engagement and shall not exercise
any discretionary authority or control over the management or administratio n of
the Plan, or the management or disposition of the Plan's assets. HMA shall limit
its activities to carrying out ministerial acts of notifying Plan Participants and
making benefit payments as required by the Plan. Any matters for which
discretion is required, including, but not limited to, decisions on claims and
appeals of denied claims, shall be referred by HMA to the Plan Administrator, and
HMA shall take direction from the Plan Administrator in all such matters. HMA
shall not be responsible for advising the Plan Administrator with respect to its
fiduciary responsibilities under the Plan nor for making any recommendations
with respect to the investment of Plan assets. HMA may rely on all information
provided to it by the Company, as well as the Pl an's other vendors. HMA shall
not be responsible for determining the existence of Plan assets.
(c) Independent Contractor Relationship. Notwithstanding anything express or
implied in this Agreement to the contrary, the parties acknowledge and agree
that HMA is acting as an independent contractor, and for all purposes shall be
deemed to be an independent contractor in performing its duties, and fulfilling its
obligations, under this Agreement. Neither HMA, nor any individual performing
services on its behalf, shall be considered or construed to be an employee of
Plan Sponsor for any purpose whatsoever.
3. Administrative Services to be Provided by HMA.
(a) Administration and Claims Processing Services. HMA shall provide the
administrative and claims processing services set forth on Exhibit B, which is
attached hereto and made a part hereof, during the term of this Agreement.
(b) Other Administrative Services Available. HMA offers various other services,
and performs various other ministerial functions, for plan sponsors in connection
with the administration of employee health benefit plans. If the Plan
Administrator subsequently requests additional services from HMA, and HMA
agrees to provide such services, the parties shall describe the mutually agreed
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upon services in an Addendum hereto, and include within such Addendum a
mutually agreed upon fee schedule for such services. One of the ministerial
functions offered by HMA on behalf of the Plan Sponsor may be the payment of
other vendors who have been selected by the Plan Sponsor and who are
providing contracted services to the Plan Sponsor’s benefits plan (aka
consolidated billing). Timely payment of these vendors is solely contingent upon
the Plan Sponsor providing timely funding as stipulated in Section 5(a) of this
Agreement. HMA does not insure nor underwrite any liability of the Plan Sponsor
under the Plan and shall have no financial risk or liability with respect to the
provision of, or payment for, any benefits under the Plan, including but not
limited to payments to outside vendors on behalf of the Plan Sponsor.
(c) Vendor Partners. HMA works with a variety of third party entities and vendors
at Company’s request. HMA is willing to facilitate certain Plan functions on
behalf of Company with selected vendor partners of Company under the
following conditions:
(i) HMA reserves the right to charge an additional fee for any stop loss
carrier. Any such fee shall be reflected on Exhibit A, attached hereto,
and will be communicated to Company in advance.
(ii) HMA reserves the right to charge an additional fee for any custom
reporting required by a vendor partner that is beyond HMA’s standard
report package. Any such fee shall be reflected on Exhibit A, attached
hereto, and will be communicated to Company in advance.
(iii) HMA may accept pre-funding checks from Company’s Stop Loss carrier
on behalf of the Company, however such acceptance shall not deem
HMA a Plan Fiduciary. Plan Sponsor retains all fiduciary responsibility
associated with the Plan.
(iv) HMA shall submit reimbursement requests to Company’s stop loss carrier
on behalf of Company, however, submission for reimbursement does not
guarantee payment under the Stop Loss Policy.
(v) Company acknowledges that out of Plan exceptions made by the Plan
Administrator may not be covered by stop loss without the express
advance written consent of the Stop Loss Carrier. All out of Plan
exceptions are made at the Plan’s sole risk and liability.
(vi) HMA shall not be liable for claims processed in error based on
information provided by Company’s third party vendor, including but not
limited to inaccurate, incomplete or missing eligibility information or Plan
design changes (ie. Broker, stop loss, eligibility vendor, intermediary
etc.) on behalf of the Company.
4. Fees to HMA.
(a) Fees for Claims Processing Services. As compensation for the
administration and claims processing services set forth on Exhibit B, HMA shall
be paid the fees set forth on Exhibit A, which is attached hereto and made a part
hereof. Fees shall be based on the number of Participants enrolled under the
Plan on the first day of the month in which services are being billed, and shall be
due and payable in advance on the first day of the month. Fees for any newly
enrolled Participants’ entering on or after the first day of the month shall be
charged retroactive to the date of enrollment and shall be payable on the first
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day of the month following the date of enrollment. Any adjustm ents in fees for
retroactive changes in enrollment will be made on the first billing cycle
immediately following the submission of the change in writing to HMA.
(b) Fees for Excess Loss Consultation Services. If the Plan Administrator
requests that HMA assist with the analysis of the services and costs of various
carriers (including preparation of an RFP, if necessary), or selection of an Excess
Loss Carrier for the Plan, HMA shall be entitled to a fee for this service, as set
forth on Exhibit A.
(b) Fees for Other Administrative Services. If the Plan Administrator requests
any other administrative services from HMA hereunder, and HMA agrees to
provide such services, the Plan Sponsor and HMA shall mutually agree upon a
fee schedule for such services and the Plan Sponsor shall pay HMA in strict
compliance with such fee schedule.
(c) Fees from Outside Vendors. HMA shall be entitled to a portion of the fees
charged by outside vendors, as set forth on Exhibit A.
(d) Fees for Negotiated Savings. In the event that HMA is able to negotiate a
reduced fee charged by a provider, HMA shall be entitled to retain a percent of
the negotiated savings as stated in the fee schedule. In the event that additional
saving negotiation services are needed, the Plan Sponsor and HMA shall mutually
agree upon a fee schedule for such services. In the event that HMA is able to
negotiate additional savings with a Preferred Provider, fees for HMA’s negotiation
services will only apply to the additional savings retained.
(e) Fees for Repricing of Out of Network Claims. HMA shall be entitled to
retain 30% (thirty percent) of the gross savings obtained on all out of network
claims that are repriced, reduced by negotiation or reduced due to audit. The
remaining 70% (seventy percent) of savings will be passed on to the client in the
form of reduced claims costs.
There will be no cost to the Plan Sponsor for this service for claims that
experience no repricing or negotiated savings.
(f) Reprocessing Fee. In the event a retroactive amendment or the Plan
Sponsor’s failure to fund claims in a timely manner results in the need to
reprocess claims, subject to prior approval, the Plan Sponsor agrees to pay
HMA’s expenses in performing that service.
(g) Appeals and other PPACA Related Fees. Any fees incurred by HMA on behalf
of the Plan for appeal related services, including but not limited to costs incurred
by an Independent Review Organization, as well as fees incurred as a result of
PPACA mandated services (i.e. language transla tion assistance services) shall be
the sole responsibility of the Plan.
(h) Bank fees and Charges. All bank related fees or transaction charges (Non-
Sufficient Funds fees, dishonored checks, canceled ACH transfers, etc.) incurred
by HMA as a result of insufficient funds on the part of Company shall be passed
to Company, and Company shall be responsible for the payment of those fees.
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(i) Right to Change Fees. HMA shall have a right to change any fees charged to
the Plan Sponsor hereunder
(i) as of the first day of any Renewal Term;
(ii) as of the effective date of any changes in applicable federal and state
laws that would expand the scope of the services that HMA has agreed
to provide hereunder.
(iii) notwithstanding the fees in effect under this Agreement, should th ere be
a change in any law or regulation that results in increased costs to HMA,
HMA shall increase its fees to cover such increased costs.
(iv) As a result of Plan Amendments, HMA shall have the right to change its
fees upon written notice to the Plan Sponsor in the event any
amendment to the Plan changes the amount or type of processing,
services or responsibilities undertaken by HMA, effective as of the
effective date of the amendment.
If HMA elects to change any fees charged to the Plan Sponsor hereunder, HMA
shall give prior written notice of such change to the Plan Sponsor and the Plan
Sponsor may, if it does not want to retain HMA based on the new fee schedule,
terminate this Agreement by sending written notice of termination to HMA.
5. Funding of Benefit Payments.
(a) Responsibility for Funding Benefits. The Company shall retain the
responsibility for all Plan benefit claims. The Company shall be responsible for:
(i) All expenses incident to the Plan, including, without limitation, all
premium taxes, or any other tax, including any penalties and interest
payable with respect thereto, assessed against the Company.
(ii) The consequence to any person not a Party to this Agreement of any
acts or omissions of Company occurring during the operation of this
Agreement that are alleged to be a breach of fiduciary duty or a breach
of duty or trust, or other contractual duty, regardless of the source of
law serving as a basis for such allegation; and
(iii) Subject to Section 9 of this Agreement, any amounts that HMA may
become liable for which arise from any legal action or proceeding related
to the recovery of benefits under the Plan or the administration of the
Plan; and
(iv) Company is responsible for providing accurate and timely eligibility
information, and timely review and approval of the SPD, Plan Summaries
and Amendments. Claims processed according to duly approved plan
documents, instructions from the Plan Sponsor, or based on information
provided by the Company or authorized representative of Company shall
be the sole responsibility of Company, and HMA shall not be held liable
for any such claims paid.
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(v) Funding for benefits by the Plan Sponsor will occur within ten (10)
business days, commencing on the date written notification is sent by
HMA, unless otherwise agreed upon in writing.
(vi) In no event shall HMA have the responsibility to provide funding for the
payment of benefits to Plan Participants, for payment of premiums for
excess loss insurance or for expenses of the Plan.
(b) Designated Account. The Plan Sponsor shall establish, and at all times
maintain in strict compliance with all applicable federal and state laws,
specifically including, without limitation, a central disbursement checking account
(the “Designated Account”), and shall deposit in said Designated Account
sufficient funds to pay:
(i) all compensation and fees owing to HMA for services rendered
hereunder;
(ii) all benefits owing to Participants in accordance with the terms of the
Plan;
(iii) all premiums and fees owing by the Plan Sponsor to third parties for
excess loss insurance, PPO arrangements and utilization review; and
(iv) all other authorized costs and expenses incurred by HMA in performing
its duties hereunder.
(c) Unclaimed Funds. Any funds designated for the payment of benefits which;
(i) Are duly deposited into the Designated Account referenced in Section (b)
above; and
(ii) Remain unclaimed after a period of six (6) months after the date of
initial issuance of the original check or voucher, shall be forfeit to the
Plan Sponsor. Said forfeited funds shall be used by the Plan Sponsor for
the sole benefit of the Plan Participants. If a valid claim on these funds
is received subsequent to the funds being returned to the Plan Sponsor,
HMA will process the claim in accordance with the provisions of the Plan,
and request the funds from the Plan Sponsor pursuant to Section (a) of
this article.
(d) Timely Funding. Company is expected to meet the funding requirements this
Article 5. If Company fails to meet these requirements, (i.e. claims are not
funded timely or payment made to HMA are insufficient to meet the Plan’s
obligations, HMA shall have the right to all legal remedies under the law,
including but not limited to, immediately requiring the Company to provide all
future funding via ACH method for all fees, claims and Plan costs, including
premiums payable to vendors providing services to Plan at Plan Sponsor’s
request (consolidated billing).
6. Plan Sponsor Requirements.
(a) Duty to Provide Data to HMA. The Company, as the Plan Sponsor and the
Plan Administrator, acknowledges that the effective performance by HMA of the
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administrative services outlined herein will require that the Company furnish
various reports, information, and data to HMA. The Com pany shall provide the
following reports and information to HMA, together with such other data as HMA
may from time to time request:
(i) Identification and verification of individuals eligible for benefits under the
Plan, kinds of benefits to which such individuals are entitled, date of
eligibility and such other information as may be necessary for processing
of benefit payments;
(ii) Notification to HMA, on a monthly or more frequent basis, of all changes
in participation whether by reason of termination, change in
classification, new enrollment, or any other reason; and
(iii) The number of employees and dependents covered under the Plan,
collectively and separately classified by benefit coverage eligibility,
enrollment, geographic area, age, sex, earning level, dependent
coverage classifications, and in such other manner, as HMA shall require
from time to time.
(iv) The Social Security numbers for all employees and dependents covered
under the Plan.
(v) All Plan design modifications and benefit changes shall be communicated
to HMA at least ninety (90) days prior to the intended effective date. In
accordance with the regulations under the Patient Protection and
Affordable Care Act (PPACA), Plan Sponsor acknowledges the obligation
to notify all plan participants of any plan changes no less than sixty (60)
days in advance of the effective date of the modification or change.
Retroactive plan design changes may be prohibited under PPACA.
(b) Duty to Provide Materials. The Company, as the Plan Sponsor and the Plan
Administrator, shall provide directly or through HMA, all materials, documents
(including summaries for employees), reports, and notice forms, as may be
necessary or convenient for the operation of the Plan, or to satisfy the
requirements of governing law, as may be determined or prepared from time to
time by HMA. Where distribution to employees is required, such materials shall
be furnished in sufficient quantity and shall be appropriately distributed by the
Plan Administrator.
(c) Fidelity Bond. The Plan Sponsor shall provide a fidelity bond for fiduciaries and
employees in an amount not to exceed one million dollars for the benefit of the
plan.
7. Term and Termination.
(a) Initial Term. The initial term of this Agreement shall be for a period of one
year, commencing as of the Effective Date of this Agreement and terminating
one year thereafter (the “Initial Term”), unless sooner terminated in accordance
with the provisions of this Paragraph 7.
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(b) Renewal. Renewal of this Agreement shall be accomplished by attaching to this
Agreement a revised Exhibit A, Schedule of Commissions and Administrative
Fees, signed by the parties to this Agreement and setting forth the term of such
renewal (the “Renewal Term”). In the event a revised Exhibit A is not signe d by
the parties, but the parties continue to perform under this Agreement, then it
shall be deemed to be renewed for successive one (1) year periods until
terminated.
(c) Termination by Either Party. This Agreement may be terminated by either
the Company or by HMA by written notice of intention to terminate given to the
other party, to be effective as of a certain date set forth in the written notice,
which shall not be less than ninety (90) days from the date of such notice.
Upon termination by either party, within thirty days after the date of termination,
HMA shall prepare and deliver a complete and final accounting and report as of
the date of termination of the financial status of the Plan to the Plan Sponsor,
together with all books and records in its possession and control pertaining to
the administration of the Plan. All claim files, enrollment materials and other
papers necessary for claim payments under the Plan shall be available to the
Plan Sponsor upon the date of termination of this Agreement . If requested, HMA
will process run-out claims (claims incurred prior to the date of termination).
The charge for run-out claim processing will equal 3 months of current
administrative fees and the duration will be 12 months. At the time of the final
accounting, HMA shall deliver any funds of the Plan in its possession or control to
the Plan Sponsor on its order.
(d) Events Triggering Termination. In the event of willful misconduct or gross
negligence by a party to this Agreement, the other party may term inate this
Agreement immediately. HMA shall have the right, in its sole and absolute
discretion, to terminate this Agreement immediately if:
(i) After notice to cure, the Plan Sponsor or the Plan Administrator fails to
cure a breach of any provision of this Agreement, including but not
limited to failure to pay fees or charges owing HMA, failure to
consistently fund benefit payments in a timely manner, or failure to fund
the Designated Account as specified in Section 5 above, within ten days
of receipt of written notice from HMA specifying the nature of the breach
with reasonable particularity; or
(ii) The Plan Sponsor becomes insolvent, is adjudicated a bankrupt,
voluntarily files or permits the filing of a petition in bankruptcy, makes an
assignment for the benefit of creditors, or seeks any similar relief under
any bankruptcy laws or related statutes.
(e) Termination of Plan. If the Plan is terminated, for whatever reason, this
Agreement shall automatically terminate as of the effective date of such
termination except as set forth in 7.(c) if run-out processing is elected.
8. Effect of Termination. Upon termination of this Agreement, all obligations of HMA
hereunder, specifically including, without limitation, all obligations to process claims for
benefits and disburse benefit payments, shall terminate, and all rights of the Company
shall cease, and HMA shall not be liable to the Company for any damage whatsoever
sustained or arising out of, or alleged to have arisen out of, such termination.
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Notwithstanding anything express or implied herein to the contrary, the termination of
this Agreement shall not affect the right of HMA to receive and recover all fees then
owing by the Plan Sponsor to HMA hereunder or the rights of the parties under Sections
9 and 10 of this Agreement.
9. Indemnification by HMA. HMA agrees to indemnify, defend and to hold the
Companyand the Company’s employees, officers, directors, and agents harmless from
any claims, demands, liabilities, judgments, damages, expenses, and losses incurred by
the Company or the Company’s employees, officers, directors and agents, including court
costs and reasonable attorney's fees, to the extent such claims, demands, liabilities,
judgments, damages, expenses, or losses arise out of, or are based upon, HMA’s
fraudulent, criminal or willful acts of misconduct or its reckless or gross negligent act s or
omissions in the performance of its duties under this Agreement. The provisions of this
section shall survive termination of this Agreement.
10. Indemnification by the Company. The Company agrees to indemnify, defend and
hold HMA and its employees, officers, directors, and agents harmless from any and all
claims, demands, liabilities, judgments, damages, expenses, and losses incurred by or
claimed against HMA or its employees, officers, directors, and agents, including court
costs, and reasonable attorney fees, which arise out of or relate 1) any claim regarding
the scope of benefits or eligibility under the Plan, 2) a provider dispute , 3) a breach of a
fiduciary duty, 4) a breach of a Plan Sponsor duty, and/or 5) the Company’s fraudulent,
criminal or willful acts of misconduct or its reckless or gross negligent acts or omissions
in the performance of its duties, as the Plan Sponsor or the Plan Administrator, under
this Agreement. The provisions of this section shall survive termination of this
Agreement.
11. Exclusion from Indemnification. HMA shall not be responsible for funding Company’s
benefit payments, or Company’s lost profits, extrapolations of improper benefit
payments, exemplary, special, punitive or conseque ntial damages or be liable to the
Company for the same.
12. Records Access and Audit Rights. Subject to the provisions of this Paragraph 12, the
Plan Sponsor or the Plan Administrator may audit HMA’s compliance with its obligations
under this Agreement and HMA shall supply the Plan Sponsor or the Plan Administrator,
as appropriate, with access to information acquired or maintained by HMA in per forming
services under this Agreement. HMA shall be required to supply only such information
which is in its possession and which is reasonably necessary for the Plan Administrator to
administer the Plan, provided that such disclosure is not prohibited by law or by any
third-party contracts to which HMA is a signatory. The Plan Sponsor and the Plan
Administrator hereby represent and warrant that, to the extent any disclosed information
contains Protected Health Information (as defined by the Standards for Privacy of
Individually Identifiable Health Information promulgated pursuant to the Health
Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”)) about a
Participant, the Plan Sponsor or the Plan Administrator has the legal authority to have
access to such information. The Plan Sponsor or the Plan Administrator shall give HMA
60 days’ prior written notice of its intent to perform such an audit and its need for such
information and shall represent to HMA that the information, which wil l be disclosed
therein, is reasonably necessary for the administration of the Plan. All audits and
information disclosure shall occur at a reasonable time and place and at the Plan
Sponsor’s sole cost and expense. Prior to commencement of any audit, all Auditors will
be required to sign an HMA Auditor Agreement.
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13. Overpayment or Improper Payment of Plan Benefits. If any payment is made
hereunder to an ineligible person, or if it is determined that an overpayment or improper
payment has been made to any Participant, HMA shall make reasonable efforts to
recover the payment made to the ineligible person, or the overpayment or improper
payment to the Participant, but shall not be required to initiate court proceedings for any
such recovery. If HMA is unsuccessful, HMA shall notify the Plan Administrator in order
that the Plan Administrator may take such action as may be available to it.
14. Additional Payments to Claimants. The Plan Administrator may, by written notice to
HMA signed by an executive officer of the Plan Administrator, instruct HMA to pay claims,
which in HMA’s opinion are not payable under the Plan, upon the condition that such
instruction expressly releases HMA from any liability in connection therewith. The Plan
Sponsor and the Plan Administrator hereby acknowledge that such payments will not
qualify for credit toward excess or stop loss insurance coverage, if any, and, as such, are
considered “outside” the Plan, unless agreed upon, in writing by the Plan’s stop -loss
carrier. The Plan Sponsor and the Plan Administrator assume all legal requirements for
such payment.
15. Cooperation in Defense of Claims. HMA and the Company shall advise each other as
to matters which come to their respective attentions involving potential legal actions or
regulatory enforcement activity which involve the Plan or are related to the activities of
either party with respect to the Plan or this Agreement and shall promptly advise each
other of legal actions or administrative proceedings which have actually commenced.
16. Notice of Third Party Administrator’s Capacity. HMA shall notify all Participants in
writing of its identity and its relationship to the Plan and the Plan Sponsor in such form
and manner as approved by the Plan Sponsor.
17. Plan’s Compliance with Laws. The Company, as the Plan Sponsor and the Plan
Administrator, represents and warrants that the Plan presently complies with all
applicable federal, state and local laws and regulations, specifically including, without
limitation, Mental Health Parity and Addiction Equity Act (“MHPAEA”), Patient Protection
and Affordable Care Act (“PPACA”) the Consolidated Omnibus Budget Reconciliation Act
of 1985, as amended (“COBRA”), HIPAA and HITECH, and covenants and agrees that it
will, at its sole cost and expense, take all action necessary to cause the Plan’s continued
compliance with all applicable federal, state and local laws and regulations during the
term of this Agreement. Company is solely responsible for obtaining any actuarial
analysis, non-discrimination testing, or actuarial determinations required by the Plan.
18. Miscellaneous.
(a) Entire Agreement. This document is the entire, final and complete agreement
and understanding of the parties regarding the subject matter hereof and
supersedes and replaces all written and oral agreements and understandings
heretofore made or existing by and between the parties or their representatives
with respect thereto.
(b) Severability. In the event any one or more of the terms, conditions or
provisions contained in the Agreement or any application thereof shall be
declared invalid, illegal or unenforceable in any respect by any court of
competent jurisdiction, the validity, legality or enforceability of the remaining
terms, conditions or provisions of this Agreement and any other appli cation
thereof shall not in any way be affected or impaired thereby, and this Agreement
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HMA, Inc. TPA Agreement Page 11 8/12
shall be construed as if such invalid, illegal or unenforceable provisions were not
contained herein.
(c) Restriction on Assignment. Neither party shall assign or transfer any of its
rights or delegate any of its duties or obligations hereunder, directly or indirectly,
without the prior written consent of the other party; provided, however, that
either party may, upon 60 days written notice to the other party, assign this
Agreement in its entirety to any person or entity, other than a direct competitor of
the other party, which acquires the business of the assigning party or with which
the party merges or is consolidated or affiliated, provided that the permitted
assignee agrees in writing to be bound by the terms of this Agreement. Any
attempted assignment, transfer or delegation in violation of this Paragraph 18(c)
shall be null and void.
(d) Notices. All notices, requests, demands and other communications required or
permitted to be given or made under the Agreement shall be in writing and shall
be deemed delivered, if by personal delivery, on the date of personal delivery, if
transmitted and confirmed by electronic mail or facsimile transmission, on the
date of the transmission, if by U.S. certified or registered mail, postage prepaid,
on the third business day following the date of deposit in the United States mail,
or, if by nationally recognized overnight courier services, on the first business
day following the date of delivery to such service, and shall be sent to the
Company or HMA, as the case may be, at the address shown on the first page of
this Agreement, or to such other address, person or entity as either party shall
designate by notice to the other in accordance herewith.
(e) Binding Effect. This Agreement shall be binding upon, inure to the benefit of,
and be enforceable by, the parties hereto and their respective successors and
permitted assigns.
(f) No Third Party Beneficiaries. Nothing in this Agreement, express or implied,
is intended to confer on any person, other than the parties hereto, any right or
remedy of any nature whatsoever, and nothing in this Agreement shall create, or
be deemed to create, any rights, obligations or legal relationship between HMA
and any Participant in the Plan.
(g) Fines and Penalties. In the event that the Plan Sponsor or Plan Administrator
fails to provide any of the data specified in Article 6 of this Agreement, Plan
Sponsor Requirements, and said failure results in a fine or penalty, the full
amount of the fine or penalty shall be passed through to the Plan Sponsor for
payment.
(h) Force Majeure. The parties will make their best effort to deliver services at the
time specified herein. However, neither party shall have an ob ligation or liability
whatsoever arising out of, or in connection with, any delay or failure to perform
any of its duties or obligations under this Agreement, or any loss or damage
incurred as a result thereof, if such delay or failure is caused, in whole or in part,
either directly or indirectly, by act of God, fire, war, riot, civil insurrection,
accident, embargo, governmental priority, failure of third parties to perform,
criminal act (unless committed by someone in the employ of the offending
party), strikes or other labor dispute, decree or order of any court or
government, or any other occurrence, act, cause or thing beyond the control of
the parties, whether related or unrelated or similar or dissimilar to any of the
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foregoing, which prevents, hinders or makes fulfillment of this Agreement
impractical, any of which shall, without liability, excuse either party from
performance of this Agreement.
(i) Authorization. The Company represents and warrants to HMA that:
(i) it is a corporation duly organized, validly existing and in good standing
under the laws of the state in which it is organized;
(ii) the execution, delivery and performance of this Agreement has been
duly authorized by all requisite action of the Company’s Board of
Directors; and
(iii) this Agreement constitutes a valid and binding contract of the Company
in accordance with its terms.
(j) Attorneys’ Fees. In the event of a dispute under this Agreement, the
prevailing party shall be entitled to recover reasonable costs and attorneys’ fees
incurred in connection with such dispute.
(k) Waiver. No waiver of any provision of this Agreement shall be deemed, or shall
constitute, a waiver of any other provision, whether or not similar, nor shall any
waiver constitute a continuing waiver. No waiver shall be binding unless
executed in writing by the party making the waiver.
(l) Amendment. No supplement, modification or amendment of this Agreement
shall be binding, unless the same is in writing and signed by duly authorized
representatives of both parties.
(m) Arbitration. The Company and HMA shall submit any and all disputes relating
to or arising out of this Agreement to final and binding arbitration. Nothing in
this provision precludes the parties from seeking judicial relief to vacate an
arbitration award where an arbitrator exceeded his/her powers, pursuant to RCW
7.04A.040(3) and .230(1)(d). Arbitration will be before a single arbitrator in
Seattle, Washington, who is affiliated with a recognized panel of arbitrators such
as the American Arbitration Association, Judicial Dispute Resolution or Judicial
Arbitration & Mediation Services. Either party may initiate an arbitration by
giving written notice to the other of a demand for arbitration. If the parties fail
to agree upon the arbitrator to be used within ten (10) days of a party’s
arbitration demand, the arbitrator may be appointed by the Superior Court of the
State of Washington for King County pursuant to Chapter 7.04 RCW at the
instance of either party, and both parties shall submit to the jurisdiction of such
court for the purpose of any such appointment. The arbitrator shall be an
individual who is or has been actively engaged in the practice of law or who has
served as state or federal court judge. Except as otherwise specified by this
Agreement or other written agreement of the parties, the arbitration shall be
conducted in accordance with the Commercial Arbitration Rules of the American
Arbitration Association (“AAA”), using the Expedited Procedures applicable to
such rules (irrespective of the size or nature of any party’s claim), but need not
be administered by the AAA.
(n) Governing Law. This Agreement shall be deemed to have been executed and
entered into in Bellevue, Washington and shall be governed, construed,
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performed and enforced in accordance with the laws of the State of Washington,
without regard to its conflict of law principles.
(o) Headings. The headings used in this Agreement are solely for convenience of
reference, are not part of this Agreement, and are not to be considered i n
construing or interpreting this Agreement.
(p) Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, and all of which together shall
constitute one and the same instruments.
(q) Systems Property of HMA. To perform its duties hereunder, HMA shall use
certain computer systems (including, but not limited to, software) and other
systems and property. Such systems and property are proprietary and the
exclusive and confidential property of HMA. The hiring of HMA to provide
services under this Agreement gives neither the Company nor the Plan any right
to such systems, or to the inspection thereof. HMA reserves the right to change
its systems and other technology at any time and from time to time, wit hout
notice or obligation to the Company or the Plan. Confidential system property of
HMA is not accessible to the Plan Sponsor or Plan Administrator except as
provided in Section 12 of this Agreement.
(r) Business Associates Agreement. The parties hereto acknowledge that there
does exist a Business Associate’s Agreement (hereinafter “BAA”). The BAA
consists of Addendum A: HIPAA Addendum to Third Party Administration
Agreement, signed by HMA on February 3, 2004, and Addendum B HIPAA
Security Addendum to Third Party Administration Agreement, signed by HMA on
March 13, 2006. The parties hereto contemplate amendments to said BAA. Said
Business Associate’s Agreement, as now constituted and hereafter amended, is
incorporated into this Agreement by this reference as if fully set forth herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized representatives on the respective dates set forth below, effective as of
the day and year first above written.
Plan Sponsor: HMA:
City of Renton Healthcare Management Administrators, Inc.
By: By:
Name: Name: Clay Ellis
Title: Title: Sr. Vice President, COO
Date: Date:
7h. - Human Resources and Risk
Management Department recommends Page 186 of 251
HMA TPA Exhibit A Page 1 of 3
EXHIBIT A SCHEDULE OF FEES
For
City of Renton #4034 / 5034
PLAN SPONSOR
Contract Period: 01/01/2014 through 12/31/2014
Administrative Fees:
Rates for the contracted time period apply to services administered by HMA. Fees for outside
vendors are subject to change at any time. HMA fees and commissions may remain in effect
beyond the above-stated term until changed by mutual written agreement of the parties.
Claim Administrative Fees
Fee Description
$17.90 PEPM for Medical Plan Administration
Check here if qualifying for an incentive discount. All signed documents
must be received by the 7th calendar day of the month prior to the effective
date. New PEPM with discount: $17.70
$3.50 PEPM Dental Indemnity Plan Administration
$1.50 PEPM for HMA National Dental Network Access fee – ($0.50 retained by HMA,
$1.00 remitted to Regence) ($1.50 PEPM in addition to the Dental Plan
Administration.)
$0.65 PEPM Vision Hardware
$5.50* PEPM for HMA Preferred with PHCS National PPO Network
HMA Preferred provides access to Regence BlueShield in Western Washington, Asuris NW
Health in Eastern Washington, Regence BlueCross BlueShield of Oregon, Regence BlueShield
of Idaho and Regence BlueCross BlueShield of Utah. PHCS provides network access in all
other states. No BlueCard access is provided.
* A 30% of savings fee will be charged when a WA, OR, ID or UT employee or dependent seeks
care outside of these states.
30% of
Savings
Claims Negotiation, Hospital Bill Audit, and Out of Network Claim Re-pricing
Services as outlined in Section 4(d) of the Agreement, and 4.k(ix) of Exhibit B
$3.50 PEPM Health Services Program (case management and utilization review)
$0.75 PEPM Pharmacy Benefit Management (PBM) coordination interface fee
$3.75 PEPM Envision RxOptions administration fee ($3.75 to Envision Rx, $0.00 to HMA)
7h. - Human Resources and Risk
Management Department recommends Page 187 of 251
HMA TPA Exhibit A Page 2 of 3
Broker Fees:
Fee Description
$2,950.00 Per Month Broker Commission Fee payable to R.L. Evans
Additional Services
Accept Decline Service Description & Cost
COBRA Services $1.35 PEPM
Medical/Rx Vision
Dental
HIPAA Certificates of Creditable Coverage $0.65 PEPM
Live Well Nurse Advice Line – $0.65 PEPM
Calculation of Minimum Value $75.00 per plan standard delivery – 1 week from
receipt of request.
Calculation of Minimum Value $100.00 per plan rush – 3 business days
Summary Benefit Coverage $350.00 per plan standard delivery – 4 weeks from
receipt of request.
Summary Benefit Coverage $700.00 per plan rush delivery – Less than 4 weeks
from receipt of request.
Summary Plan Document (SPD) $1,000 Re-write Fee (for the 1st SPD and $250 for
each additional)
Summary Plan Document (SPD) incorporation of amendments $500.00 per SPD
Amendment Document $125.00 per Amendment
Excess Loss Services:
In compensation for the work that HMA does to support excess loss carriers, HMA receives an
administrative allowance of 2.5% from most of our preferred carriers. If you are using a non-
preferred carrier, there may be an interface fee of 3.0% of excess loss premium that is assessed to
the group in lieu of the administrative allowance. These excess loss fees will be reflected on the
invoice on a PEPM basis.
HMA reserves the right to decline to work with non-preferred excess loss carriers. If we agree to
administer a plan with an excess loss carrier that is not preferred, we will charge an interface fee
of 3.0% of excess loss premium and will ask for a signed waiver of liability from the group. For
carriers where we are not an approved benefit administrator, HMA reserves the right to decline to
proceed with the approval process at our discretion.
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HMA TPA Exhibit A Page 3 of 3
For new groups, the interface fee for HCC and non-preferred carriers is based on the carriers
projected enrollment and premium rates.
For renewing groups, the interface fee for HCC and non-preferred carriers is calculated based on
the final stop loss renewal premium rates and enrollment for the last month of the prior contract
period.
The rates are calculated as follows:
[.03 x (single Specific Stop Loss Premium Rate x single enrollment) + (family Specific Stop Loss
Premium Rate x family enrollment) + (Aggregate Stop Loss Premium Rate x total enrollment)] /
Total Enrollment
Acceptance:
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives on the respective dates set forth below, effective as of the day and year
first above written.
City of Renton Healthcare Management Administrators, Inc.
By: By:
Name: Name: Clay Ellis
Title: Title: Sr. Vice President, COO
Date: Date:
7h. - Human Resources and Risk
Management Department recommends Page 189 of 251
HMA TPA Exhibit B Page 1 06/13
EXHIBIT B
SERVICES PROVIDED BY HMA
1. HMA, within the scope of its duties under this Agreement, shall provide services for and shall
assist the Plan Administrator in the administration of the Plan pursuant to the terms and
conditions of the Plan as requested and authorized from time to time. Upon request, HMA shall
prepare a Summary Plan Description (SPD) setting forth the benefits and rights of the Plan
Participants. Final review and approval of the SPD will be the responsibility of the Plan Sponsor.
An additional fee will be charged for the production of an SPD coinciding with the renewal of the
Plan.
2. Prepare and assist the Plan Administrator in distributing benefit booklets to the Plan Participants.
Initial booklet supply is not included as a part of the Plan set-up fee. Subsequent supplies are
also at the Plan Sponsor’s cost.
3. Assist the Plan Administrator in communicating to Participants any and all subsequent changes to
the Plan.
4. Subject to the provisions of Section 2 of this Agreement, HMA agrees to provide the following
claims processing and payment services, including, but not limited to:
(a) Answer all telephone inquiries from employees of Plan Sponsor regarding eligibility and
coverage under the Plan, and respond to requests for forms and status inquiries on filed
claims and benefit payments. HMA will provide adequate customer service
representatives between the hours of 7:00 a.m. to 5:00 p.m. PST, Monday thru Friday,
during non-holiday workweeks.
(b) Receive and process claims for payment of covered benefits for Plan Participants in
accordance with the provisions of the Plan, for claims incurred on and after the Effective
Date of this Agreement.
(c) Communicate with Plan Participants and health care providers as necessary to obtain any
additional information deemed necessary to expedite the processing of claims for
benefits under the Plan.
(d) Request and obtain from the Plan Administrator, as necessary, interpretations with
respect to the provisions of the Plan and all questions of substance and procedure
relating thereto.
(e) Issue and distribute claims checks to Participants, from funds provided by the Plan
Sponsor, and provide appropriate Explanation of Benefit forms (“EOB’s”) to Plan
Participants and health care providers, as applicable, in connection therewith.
(f) Provide written notice to a Plan Participant of any denial of a claim, in whole or in part,
which includes the specific reason(s) for such denial and the opportunity for review of
the denial.
(g) Provide the Plan Sponsor forms for use by Plan Participants in submitting claims to HMA.
(h) Provide for the coordination of benefits, subrogation collection activities, and collection of
overpayments or improper payments made to any Participants, as reasonably possible.
In the event that additional recovery services are needed, HMA, subject to the approval
of the Plan Sponsor, shall arrange for the purchase of such recovery services. Any fees
charged to HMA for recovery services will be passed on to the Company for payment.
7h. - Human Resources and Risk
Management Department recommends Page 190 of 251
HMA TPA Exhibit B Page 2 06/13
(i) Screen claims to avoid duplicate payments and maintain procedures that will assure
consistency in claims payments in accordance with the Plan.
(j) Prepare such reports concerning Plan Participants’ benefits as the Plan Sponsor, the Plan
Administrator and HMA may hereafter agree upon.
(k) If a fee is stated and accepted on the "Schedule of Fees" page for:
(i) “COBRA administration,” HMA will notify Participants of COBRA continuation
coverage rights upon the occurrence of a qualifying event, as required by
COBRA, as well as responsibility for calculation and collection of premiums for
continuation coverage. All notices shall be made by U.S. First Class Mail to the
individual’s last known address. Plan Participants will be instructed on
procedures for COBRA premium remittance. Upon receipt, HMA will update the
Plan Sponsor's COBRA records;
(ii) “HIPAA certificates of creditable coverage administration,” HMA will mail
certificates to the last recorded address of a Plan Participant within 14 days of
notification of termination from the Plan, or, upon request, for up to 24 months
after termination;
(iii) “Administration of the Live Well Base Program” HMA will provide
Utilization Management, which includes pre—authorizing services in compliance
with the Plan, screening claims for medical necessity and assisting in making pre-
existing condition determinations; and Case Management, which includes
screening catastrophic and potentially high-dollar claims, assigning length of stay
and monitoring admissions, promoting appropriate patient care and optimizing
benefits usage.
(iv) “Administration of the Live Well Lite Health Promotion Package,” HMA
will provide a program that includes (1) an online e-health portal for participants
to obtain wellness and prevent information and take a health risk questionnaire
(HRQ), (2) membership with the Wellness Council of America, (3) fulfillment of
four mailings to employees about the program throughout the year.
(v) “Administration of the Live Well Standard Health Promotion Package,”
HMA will provide a program that includes disease management: an education
and support program that will identify (via predictive modeling, health risk
questionnaire and referrals) and reach out to those with chronic conditions, and
an online e-health portal for participants to obtain wellness and prevent
information and take a health risk questionnaire (HRQ).
(vi) “Administration of the Live Well Enhanced Health Promotion Package,”
HMA will provide a program that includes (1) disease management: an education
and support program that will identify (via predictive modeling, health risk
questionnaire and referrals) and reach out to those with chronic conditions, (2)
an online e-health portal for participants to obtain wellness and prevent
information and take a health risk questionnaire (HRQ), and (3) a lifestyle
coaching program that will outreach to all adult members that take the HRQ to
assist them in improving their health & lifestyle behaviors such as smoking, diet
& exercise.
(vii) “Administration of Live Well Biometric Screening” HMA will provide
workplace biometric screening of key numbers such as blood pressure,
cholesterol, body mass index and blood glucose.
7h. - Human Resources and Risk
Management Department recommends Page 191 of 251
HMA TPA Exhibit B Page 3 06/13
(viii) “Administration of the Live Well Nurse Line” HMA will provide a 24-hour
nurse advice line in which participants have access to a health information library
and the ability to speak to a nurse for counseling or advice.
(ix) “Administration of the Live Well Maternity Program,” HMA will provide
access to risk assessment, education and ongoing monitoring for mothers-to-be
in an effort to improve outcomes and reduce costs associated with complicated
pregnancies and premature births.
(x) “ Administration of the Live Well EAP Programs” HMA will provide access
to a comprehensive Employee Assistance Program suite of services, including a
three, four or six session counseling benefit, identity theft services, crisis
response, a variety of worksite services, legal and financial referral services, and
will preparation services.
(xi) “Administration of Live Well Member Communication Packages” HMA
will provide fulfillment of four or seven Live Well communication materials to
employees. The package includes either 4 mailings: 1 postcard, 3 color one
pagers (fliers or letters), or 7 mailings: 3 postcards and 4 color one pagers (fliers
or letters), selected from the Live Well collateral library to align with the Live
Well package selected. All materials are customizable with client logo and
incentive information. If a leadership launch letter is selected, it can be
customized to fit client specifications.
(xii) “Administration of Live Well Incentive Gift Cards” HMA will provide
fulfillment of gift card incentives to individuals participating in a health promotion
program such as Disease Management, Maternity or Lifestyle Coaching.
(xiii) “Administration of Total Enroll” HMA will provide access to a comprehensive
web-based HR and benefits management service that provides an all-inclusive
enrollment management system. Total Enroll provides Plan Administrators with a
robust enrollment management product that includes the following features:
employee communication tools; online benefit and enrollment management;
consolidated billing statements; Employee Self-Service capabilities; premium
reconciliation, and the ability to interface with a variety of Payroll vendors.
(xiv) “Claims Negotiation, Hospital Bill Review, and Repricing Services” HMA
will conduct a Hospital Bill Review on all In Network hospital bills that meet our
threshold for review. Each In Network Hospital bill selected for review will be
carefully scrutinized to eliminate duplicate and/or non-allowable charges.
We will provide access to repricing services for Out of Network claims, as well as
fee reduction negotiation services for Out of Network claims that cannot be
repriced. HMA’s Health Services Department will conduct a Hospital Bill Review
on all Out of Network hospital bills that meet our threshold for review. All other
Out of Network provider or facility claims will be immediately forwarded to a
third party vendor who will attempt to reprice and discount each claim, or in the
event that repricing is not available, engage in fee reduction negotiations. In
those cases where no savings can be obtained by repricing or negotiation, the
claim will be paid at the plan’s normal Out of Network benefit level according to
the plan provisions.
There will be no cost for the provision and coordination of this service for claims
that experience no repricing or negotiated savings
7h. - Human Resources and Risk
Management Department recommends Page 192 of 251
HMA TPA Exhibit B Page 4 06/13
(xv) Claims Processing – Claims Processed Prior to Completion of
Documents. The Plan Administrator desires that HMA begin performance under
this Agreement, including, but not limited to, processing claims for benefits in
accordance with Exhibit B, prior to completion and execution of the restated
SPD. HMA agrees to do so, and such claims shall be processed in accordance
with the Plan Sponsor’s prior SPD, and/or instructions given by the Plan Sponsor
to HMA as to the benefits to be offered under the Plan, as determined by the
Plan Sponsor. In no event will HMA process any claims on a “run-in” basis. No
claims will be processed utilizing a prior carrier/administrator’s network
discounts. All claims will be adjudicated in accordance with the terms of the
network(s) accessed through HMA.
The Plan Sponsor hereby acknowledges that any claims which require
reprocessing as a result of changes between the prior SPD or the Plan Sponsor’s
instructions and the restated executed SPD will be subject to an additional
reprocessing fee at HMA’s discretion. The Plan Sponsor further acknowledges
that claims which are paid pursuant to the benefits and exclusions described
within the prior SPD or the Plan Sponsor’s instructions may be determined to be
ineligible for reimbursement pursuant to any excess loss policy.
(l) HMA will reprogram the system to administer and document compliance activity and
accommodate changes in pre-existing condition periods; receive incoming Certificates of
Creditable Coverage; calculate the pre-existing condition period, in days, based upon
creditable coverage; communicate balance, in days, of any remaining pre-existing
condition period to new Plan Participants; mail the “Notice to Individual of Period of Pre-
existing Condition Exclusion;” report compliance activity to clients, excess loss carriers,
and/or U.S. Department of Labor upon request; and assist in the investigation and
determination by the Plan Administrator of disputed calculation of pre-existing period.
5. HMA shall coordinate approval of claims under the Plan and arrange for the payment thereof
from funds available to the Plan either by issuing a check or draft upon the Plan bank account, if
such account is provided for this purpose, or by written order and authorization delivered to the
Plan Administrator or other person authorized to issue such check or draft in payment of claims.
HMA shall honor any assignment of benefits of a person eligible for benefits under Plan to any
person or institution, which is a proper and qualified assignee under the terms of the Plan.
6. HMA shall pay from the Plan bank account, if provided, or shall issue an order to the Plan
Administrator or other person with authority to disburse funds of the Plan to pay, all of the
expenses of operation of the Plan incurred pursuant to the performance of this Agreement
(excluding Plan administration fees unless specifically authorized).
7. HMA, subject to the direction by, and approval of, the Plan Sponsor, shall arrange for the
purchase of policies of insurance to provide any of the benefits provided for in this Agreement,
the Plan, or the Trust (if any). The Plan Sponsor shall pay all premiums for policies of stop-loss
or individual and aggregate excess risk or similar type of insurance.
8. HMA, where applicable, shall furnish the "Schedule C" information necessary for the preparation
of IRS Form 5500. HMA shall not be required to assist the Plan Sponsor or the Plan
Administrator in the preparation or filing of any report, returns, tax returns, or similar papers
required by any local political subdivision, state or the Federal government pertaining to the
operation or management of the Plan. If necessary, professional fees for preparing government
required forms and / or auditing of the Plan shall be the responsibility of the Plan Sponsor.
9. HMA shall render monthly reports to the Plan Sponsor which shall include the following:
7h. - Human Resources and Risk
Management Department recommends Page 193 of 251
HMA TPA Exhibit B Page 5 06/13
(a) Receipts of the Plan other than deposits made by the Plan Sponsor from its own funds or
from collections from employees;
(b) Disbursements, by category, made from the Plan;
(c) A statement of the fees due HMA.
10. HMA shall maintain and pay the cost of a fidelity bond in the amount of not less than One
Hundred Thousand Dollars ($100,000.00) and an errors and omissions insurance policy in the
amount of not less than One Million Dollars ($1,000,000.00) covering HMA and any of its agents
or employees who may collect, disburse, or otherwise handle disbursements or payments on
behalf of the Plan.
11. HMA shall maintain all records relating to the investigation, processing, and payment of all claims
for benefits for a period of not less than eight (8) years from the date of the claim for benefits.
Upon termination of this Agreement, these records may be transferred to the Plan Sponsor or
other person or entity, at the Plan Sponsor's request.
12. The Plan Sponsor, the Plan Administrator or their agents or representatives may examine any
records maintained by HMA regarding claims for benefit payments, benefits paid and the issuing
of checks for payment of benefits under the Plan.
13. HMA shall maintain books of account and supporting documents according to generally accepted
accounting principles as promulgated by the Financial Accounting Standards Board. HMA agrees
that the Plan Sponsor, the Plan Administrator or their agents or representatives may inspect and
audit its claims records relevant to the Plan at any time upon giving to HMA sixty (60) days’ prior
written notice of its desire to do so. Audits may be conducted by the Plan Sponsor’s or Plan
Administrator’s audit staff or by an independent contractor employed at the Plan Sponsor’s
expense, which may be either a certified public accountant or otherwise professional qualified to
perform such auditing services.
7h. - Human Resources and Risk
Management Department recommends Page 194 of 251
CITY OF RENTON COUNCIL AGENDA BILL
Subject/Title:
Annual renewal of Group Health Cooperative
Medical Coverage Agreement
Meeting:
Regular Council - 09 Dec 2013
Exhibits:
Group Health Master Application (2 attachments)
Submitting Data: Dept/Div/Board:
Human Resources
Staff Contact:
Nancy Carlson, Administrator, X7656
Recommended Action:
Council concur
Fiscal Impact:
Expenditure Required: $ $206,775 Transfer Amendment: $
Amount Budgeted: $ $206,775 Revenue Generated: $
Total Project Budget: $ City Share Total Project: $
SUMMARY OF ACTION:
Council approval is needed for the annual renewal of Group Health Contract No. 1162600 for all active
employees. Funding has been previously approved by Council in the 2014 Budget. The rates have
increased by 1.95%. As in prior years, Group Health does not send the confirming contract for signature
until mid-year. Complete copies of the contract will be available for review, once received.
STAFF RECOMMENDATION:
Approve the annual Group Health Cooperative Medical contract and authorize the Mayor and City Clerk
to sign.
7i. - Human Resources and Risk
Management Department recommends Page 195 of 251
7i. - Human Resources and Risk
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526GG07-14
Rates Confirmation
City of Renton
Effective Date 1/1/2014 thru 1/1/2015
The below rates have been quoted for the following plan(s). Please sign below to confirm rates.
Applicant further acknowledges and agrees that payment of any premium due for the coverage shall constitute applicant's acceptance of the coverage agreement issued.
Core
Group Health
Group Name City of Renton
Group Number 1162600
RQ-77444
Rates by Tier
EE $ 675.68
EE/S $ 1,705.28
EE/1C $ 1,169.12
EE/2+C $ 1,600.12
EE/S/1C $ 2,198.70
EE/S/2+C $ 2,629.68
Coverage Provided By Group Health Cooperative
Signature __________________________________________________ Date __________________________
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7i. - Human Resources and Risk
Management Department recommends Page 203 of 251
7i. - Human Resources and Risk
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7i. - Human Resources and Risk
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GHC (8/2/13) 1
GROUP HEALTH COOPERATIVE
CONTRACT REVISIONS
Effective January 1, 2014
(Created 08/02/2013)
This is the most current list of revisions, but this list is subject to change at any time.
CONTRACT CHANGE EXPLANATION
General Information Information regarding primary care provider selection, access to women’s
health care specialists, women’s health and cancer rights, and newborns’ and
mothers’ health protection has been incorporated.
Accessing Care A clarification has been made on how to select or change personal physicians.
A clarification has been made on how to access Group Health-designated
Specialists.
A clarification has been made to reflect the process for medical necessity
determinations.
A clarification has been made to reflect that Group Health will not deny
coverage retroactively except in the case of an intentional misrepresentation of
a material fact; if coverage was obtained based on inaccurate, false, or
misleading information provided on the enrollment application; or for
nonpayment of premiums.
Benefit Details A benefit change has been made to reflect that all cost shares for covered
services now apply to the out-of-pocket limit (applies to all non-grandfathered
plans, but also applies to grandfathered plans that choose to purchase this
benefit).
The Acupuncture provision now reflects the clarification that there is no visit
limit for treatment for chemical dependency.
The Chemical Dependency provision has been clarified to reflect the following
exclusions: experimental or investigational therapies such as wilderness
therapy; facilities and treatment programs which are not certified by the
Department of Social Health Services or which are not listed in the Directory
of Certified Chemical Dependency Services in Washington State.
The pharmacy provisions have been clarified to reflect that drugs are
considered Preferred or Non-Preferred, rather than as being listed in the Group
Health drug formulary.
The Devices, Equipment and Supplies provision has been clarified to exclude
structural modifications to a Member’s home or personal vehicle.
The Diagnostic Laboratory and Radiology provision has been clarified to state
that preventive laboratory and radiology services are covered in accordance
with the well care schedule established by Group Health and the Patient
Protection and Affordable Care Act of 2010. It also states that the well care
schedule is available in Group Health medical centers, at www.ghc.org, or
upon request from Customer Service.
7i. - Human Resources and Risk
Management Department recommends Page 206 of 251
GHC (8/2/13) 2
A benefit clarification has been added to reflect coverage for dialysis (home
and outpatient).
The Drugs – Outpatient Prescription provision has been clarified to reflect that
routine costs for prescription medications provided in a clinical trial are
covered. This provision also now reflects that Preferred contraceptive and
over-the-counter drugs as recommended by the U.S. Preventive Services Task
Force (USPSTF) are covered as Preventive Services. Additional information
regarding Group Health’s Preferred drug list and requests for coverage
determinations has been incorporated into the provision. The exclusion
provision has also been revised to reflect that over-the-counter drugs, supplies
and devices not requiring a prescription under state law or regulations is
excluded except as recommended by the U.S. Preventive Services Task Force
(USPSTF).
The Home Health Care provision has been clarified to reflect that private duty
nursing is still excluded, but continuous nursing care in the Member’s home is
no longer specifically excluded.
The Hospice provision has been clarified to state that hospice care, when
provided by a licensed hospice care program, is a coordinated program of
home and inpatient care, available 24 hours a day. This program uses an
interdisciplinary team of personnel to provide comfort and supportive services
to a Member and any family members who are caring for the member, who is
experiencing a life-threatening disease with a limited prognosis. These
services include acute, respite and home care to meet the physical,
psychosocial and special needs of the Member and their family during the final
stages of illness. In order to qualify for hospice care, the Member’s provider
must certify that the Member is terminally ill and is eligible for hospice
services. Respite care is covered to provide continuous care of the Member
and allow temporary relief to family members from the duties of caring for the
Member for a maximum of 5 consecutive days per occurrence. Other covered
hospice services may include inpatient and outpatient services and supplies for
injury and illness, semi-private room and board except when a private room is
determined to be necessary, and durable medical equipment when billed by a
licensed hospice care program.
The Infertility provision has been clarified to include the additional exclusion
of prognostic (predictive) genetic testing for the detection of congenital and
heritable disorders.
The Maternity and Pregnancy provision has been clarified to reflect that
maternity care and pregnancy services are covered for all female members
including dependent daughters.
The Podiatry provision has been clarified to state that routine foot care is
covered when such care is directly related to the treatment of diabetes and,
when approved by Group Health’s medical director, other clinical conditions
that effect sensation and circulation to the feet.
The Preventive Services provision has been clarified to reflect various services
provided as recommended by the U.S. Preventive Task Force (USPSTF).
Rehabilitation, as well as habilitative care, are now listed as covered services.
A benefit clarification has been added to reflect the coverage for telehealth.
7i. - Human Resources and Risk
Management Department recommends Page 207 of 251
GHC (8/2/13) 3
The Temporomandibular Joint (TMJ) provision has been clarified to state that
braces for any condition are excluded.
General Exclusions A clarification has been made to state that services or supplies and drugs that
are not Medically Necessary for the treatment of an illness, injury or physical
disability, that are not specifically listed as covered are excluded.
A clarification has been made that follow-up services or complications related
to non-Covered Services are excluded, except as required by federal or state
law.
A clarification has been made that services provided by a family member, by
someone who resides in your home, or self-care are excluded.
A clarification has been made to the Experimental or Investigational Services
exclusion to state that the trialed agent or for delivery or measurement of the
trialed agent provided as part of a qualifying Phase I or Phase II clinical trial,
as the experimental or research arm of a Phase III clinical trial is considered
experimental or investigational.
A clarification has been made to the genetic testing exclusion to state that
prognostic (predictive) genetic testing and related services are excluded.
Enrollment and Eligibility The Special Enrollment provision has been clarified to state that eligibility for
premium assistance from Medicaid or a state Children’s Health Insurance
Program (CHIP), provided such person is otherwise eligible for coverage
under this Benefits Booklet is allowed. The request for special enrollment must
be made within 60 days of eligibility for such premium assistance.
The Eligibility for Medicare provision has been clarified to state that a
Member who is enrolled in Medicare has the option of continuing coverage
under this Benefits Booklet while on Medicare coverage. Coverage between
this Benefits Booklet and Medicare will be coordinated as outlined in Section
IX.
The Continuation Coverage Under Federal Law provision has been clarified to
state that this section applies only to Groups who must offer continuation
coverage under the applicable provisions of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (COBRA), as amended, or the Uniformed Services
Employment and Reemployment Rights Act (USERRA) and only applies to
grant continuation of coverage rights to the extent required by federal law.
USERRA only applies in certain situations to employees who are leaving
employment to serve in the United States Armed Forces. Continuation
coverage under COBRA or USERRA will terminate when a Member becomes
covered by Medicare or obtains other group coverage, and as set forth under
Subsection E.
Grievances The Grievances provision has been clarified to state that grievance means a
written complaint submitted by or on behalf of a covered person regarding
service delivery issues other than denial of payment for medical services or
nonprovision of medical services, including dissatisfaction with medical care,
waiting time for medical services, provider or staff attitude or demeanor, or
dissatisfaction with service provided by the health carrier.
Appeals The Appeals provision has been clarified to state that the appeals process is
available for a Member to seek reconsideration of an adverse benefit
determination (action). Adverse benefit determination (action) means any of
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the following: a denial, reduction, or termination of, or a failure to provide or
make payment (in whole or in part) for, a benefit, including any such denial,
reduction, termination, or failure to provide or make payment that is based on a
determination of a Member’s eligibility to participate in a plan. Group Health
will comply with any new requirements as necessary under federal laws and
regulations. The most current information about your appeals process is
available by contacting Group Health’s Member Appeal Department at P.O.
Box 34593, Seattle, WA 98124-1593, or toll-free 1-866-458-5479.
Additional clarifications have been added to the initial appeal provisions to
state that Group Health will notify the Member of its receive of the appeal
request within 72 hours of receiving it; that for appeals involving experimental
or investigational services, Group Health will make a decision and
communicate the decision to the Member in writing within 20 working days of
receipt of the appeal; that the Member may also request an external review at
the same time as the internal appeals process if it is an urgent care situation or
the Member is in an ongoing course of treatment.
The next level of appeal has been clarified to state that If the Member is not
satisfied with the decision regarding medical necessity, medical
appropriateness, health care setting, level of care, or if the requested service is
not efficacious or otherwise unjustified under evidence-based medical criteria,
or if Group Health fails to adhere to the requirements of the appeals process,
the Member may request a second level review by an external independent
review organization not legally affiliated with or controlled by Group Health.
Group Health will notify the Member of the name of the external independent
review organization and its contact information. The external independent
review organization will accept additional written information for up to five
business days after it receives the assignment for the appeal. The external
independent review will be conducted at no cost to the Member. Once a
decision is made through an independent review organization, the decision is
final and cannot be appealed through Group Health. A request for a review by
an independent review organization must be made within 180 days after the
date of the initial appeal decision notice.
Coordination of Benefits The Coordination of Benefits provision has been clarified to state that all
health plans have timely claim filing requirements. If the Member or the
Member’s provider fails to submit the Member’s claim to a secondary health
plan within that plan’s claim filing time limit, the plan can deny the claim. If
the Member experiences delays in the processing of the claim by the primary
health plan, the Member or the Member’s provider will need to submit the
claim to the secondary health plan within its claim filing time limit to prevent a
denial of the claim. If the Member is covered by more than one health benefit
plan, the Member or the Member’s provider should file all the Member’s
claims with each plan at the same time. If Medicare is the Member’s primary
plan, Medicare may submit the Member’s claims to the Member’s secondary
carrier.
The Effect of Medicare provision has been clarified to state the Group Health
will pay primary to Medicare when required by federal law.
Definitions The Convalescent Care definition has been clarified to state that convalescent
care is care furnished for the purpose of meeting non-medically necessary
personal needs which could be provided by persons without professional skills
or training, such as assistance in walking, dressing, bathing, eating, preparation
of special diets, and taking medication.
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The Emergency definition has been clarified to include any situation which
would be considered an emergency under applicable federal or state law.
The Medically Necessary definition has been clarified to state the pre-service,
concurrent or post-service reviews may be conducted. Once a service has been
reviewed, additional reviews may be conducted. Members will be notified in
writing when a determination has been made.
The Medicare definition has been clarified to state that Medicare is the federal
health insurance program for people who are age 65 or older, certain younger
people with disabilities, and people with End-Stage Renal Disease (permanent
kidney failure requiring dialysis or a transplant, sometimes called ESRD).
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9a. - Amendments to Parking Garage
Agreement for The Landing and to the
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9a. - Amendments to Parking Garage
Agreement for The Landing and to the
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Agreement for The Landing and to the
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Agreement for The Landing and to the
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Agreement for The Landing and to the
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Agreement for The Landing and to the
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Agreement for The Landing and to the
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Agreement for The Landing and to the
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Agreement for The Landing and to the
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Agreement for The Landing and to the
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9b. - Interlocal agreement for Riverview
Bridge Replacement project grant with Page 221 of 251
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Bridge Replacement project grant with Page 222 of 251
9c. - Interlocal agreement with WSDOT
entitled "Certification Acceptance Page 223 of 251
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entitled "Certification Acceptance Page 224 of 251
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9b. - Title IV (Development Regulations)
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9c. - Title IV (Development Regulations)
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