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HomeMy WebLinkAboutCouncil 11/03/2008 AGENDA RENTON CITY COUNCIL REGULAR MEETING November 3, 2008 Monday, 7 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: 2008 Bravo Awards 4. PUBLIC HEARING: 2009 Revenue Sources and Preliminary Budget 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience 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. NOTICE to all participants: pursuant to state law,RCW 42.17.130,campaigning for any ballot measure or candidate from the lectern during any portion of the council meeting, and particularly, during the audience comment portion of the meeting, is PROHIBITED. 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 10/27/2008. Council concur. b. Community;and Economic Development Department recommends approval to revise the amounts of the impact fees collected on behalf of the Issaquah and Kent School Districts, adopt the 2008 Issaquah School District Capital Facilities Plan and the 2008-2009 through 2013-2014 Kent School District Capital Facilities Plan, and approve the collection of an impact fee on behalf of the Renton School District and adopt the Renton School District 2007 Capital Facilities Plan. Refer to Finance Committee; set public hearing on 11/17/2008. c. Community Services Department recommends approval of an amendment to LAG-04-003, King County Park&Ride Garage Agreement,to implement a higher base rate charged for additional designated spaces at the City Center parking garage. Refer to Finance Committee. d. Development Services Division requests authorization to charge King County established fee rates when processing development projects vested to King County standards. Council concur. (See 9.a. for ordinance.) e. Finance and Information Services Department recommends approval to hire a Systems Analyst/Programmer at Step D of the salary range. Council concur. f. Finance and Information Services Department recommends approval of an Identity Theft Prevention Program to comply with the Fair and Accurate Credit Transaction Act(FACTA)of 2003. Refer to Finance Committee. g. Human Resources and Risk Management Department recommends approval of the Local 2170, Washington State Council of County and City Employees American Federation of State,County, and Municipal Employees,AFL-CIO labor agreement for 2009. Council concur. h. Human Resources and Risk Management Department recommends approval of the Renton . Firefighters'Local 864 and Renton Firefighters'Battalion Chiefs Local 864 labor agreements for 2009. Council concur. (CONTINUED ON REVERSE SIDE) i. Human Resources and Risk Management Department recommends approval of the Renton Police Officers'Commissioned Guild and the Renton Police Officers'Non-Commissioned members labor agreements.`Council concur. j. Transportation Systems Division recommends accepting$684,380 in grant funding from the i46100, ' Washington State Department of Transportation to support additional design services for the SW 27th St./Strander Blvd. Connection project. Council concur. k. Utility Systems Division submits CAG-08-095,Maplewood Creek Sediment Basin 2008 Cleaning and Maintenance project; and requests approval of the project, authorization for final pay estimate in the amount of$1,835.11,commencement of a 60-day lien period, and release of retained amount of$3,400.25 to The Phoinix Corporation,contractor, if all required releases are obtained. Council concur. 1. Utility Systems Division recommends approval of the 2009 Solid Waste rates. Council concur. (See 9.b. for ordinance.) 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. Community Services Committee: Establish Housing Opportunity Fund* b. Public Safety Committee: Police Investigator Grant Agreement* 9. RESOLUTIONS AND ORDINANCES Resolution: Police Investigator grant agreement with the Washington Auto Theft Prevention Authority(See 8.b.) Ordinances for first reading: a. King County vested project fee rates collection(See 7.d.) b. 2009 Solid Waste rates(See 7.I.) c. Housing Opportunity Fund establishment(See 8.a.) d. 2008 Budget position re: New Police Investigator position(See 8.b.) 10. NEW BUSINESS(Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) 7th Floor Council Chambers 5:00 p.m. 2009 Budget Deliberations 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 RE-CABLECAST TUES.&THURS.AT 11 AM&9 PM,WED.&FRI.AT 9 AM&7 PM AND SAT.&SUN.AT 1 PM&9 PM CITY OF RENTON COUNCIL AGENDA BILL AI#: Submitting Data: For Agenda of: Dept/Div/Board.. CED November 3, 2008 Staff Contact Erika Conkling(x 6578) Agenda Status Consent Subject: Public Hearing.. X School District Impact Fees Correspondence.. Ordinance X Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Draft Ordinance Information Recommended Action: Approvals: Refer to Finance Committee and set Legal Dept Public Hearing on November 17, 2007 Finance Dept Other Fiscal Impact: Expenditure Required... $0 Transfer/Amendment Amount Budgeted 0 Revenue Generated Total Project Budget $0 City Share Total Project SUMMARY OF ACTION: Renton Municipal Code 4-1-160 J requires the annual review of the Issaquah and Kent School Districts' Capital Facilities Plan and assessed impact fee. Issaquah has recommended a$526 reduction in the single-family impact fee for the upcoming year to$5,495. Kent has asked for a$196 increase in the single-family impact fee to $5,304 and a$120 increase in the multi-family unit impact fee for the upcoming year to $3,651. Additionally, since projected growth in student enrollment will exceed facility capacity in the next six years, the Renton School District is asking the City to collect an impact fee on it's behalf in 2009. The amount proposed by the Renton School District is $3,651 per new single-family home and$1,857 per new multi-family unit. STAFF RECOMMENDATION: The Administration recommends that the City Council: • Set Public Hearing on November 17, 2008; and • Adopt the Issaquah School District 2008 Capital Facilities Plan and approve the collection of the requested impact fee of$5,495 per new single-family home within the District; and • Adopt the Kent School District 2008-2009—2013-2014 Capital Facilities Plan and approve the collection of the requested impact fees of$5,304 per new single-family home and$3,266 per new multi-family unit within the District; and • Adopt the 2007 Renton School District Capital Facilities Plan and approve the collection of the requested impact fees of$3,651 per new single-family home and$1,857 per new multi- family unit within the District. Rentonnet/agnbill/ bh (cy ECONOMIC DEVELOPMENT, 0 �� NEIGHBORHOODS, AND STRATEGIC PLANNING DEPARTMENT MEMORANDUM DATE: October 27, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor n Jct C FROM: Alex Pietsch, Administrator STAFF CONTACT: Erika Conkling, x6578 SUBJECT: School Districts Impact Fees ISSUE: • Should the City of Renton reduce the school impact fee currently collected on behalf of the Issaquah School District? err • Should the City of Renton increase the school impact fees currently collected on behalf of the Kent School District for new single-family homes and new multi-family units? • Should the City of Renton adopt a school impact fee for new single-family homes and multi-family units to be collected on behalf of the Renton School District? RECOMMENDATION: • Collect the requested impact fee of$5,495 on behalf of the Issaquah School District. • Collect the requested impact fees of$5,304 for each new single-family home and $3,266 for each new multi-family unit on behalf of the Kent School District. • Amend Section 4-1-160 of the Development Regulations to allow the collection of an impact fee of$3,651 for each new single-family home and $1,857 for each new multi-family unit on behalf of the Renton School District. BACKGROUND SUMMARY: Washington's Growth Management Act authorizes the collection of impact fees. The underlying idea is that such fees help ensure that those responsible for growth pay a fair share for the cost of new facilities that are needed to support new growth. In practice, impact fees are assessed only on newly built household units and can only be used to support the capital costs of expanded existing or building new facilities. Operations and Marcie Palmer Page 2 of 3 October 27,2008 maintenance costs are not eligible expenses for impact fees. Impact fees can be assessed to support a number of different capital funds that are needed to support growth. Commonly, impact fees are collected for things such as improvements to schools,parks, and transportation systems. The amount collected for an impact fee is based upon a capital facilities plan that must show that there is a need for capital projects due to growth. In November 1999, the City adopted Ordinance No. 4804 which added a new section to Title 4 entitled"School Impact Fees". This section authorized the City to collect school impact fees for the Issaquah School District and provided for an annual review of the fee structure. Last year the City Council approved the collection of a fee of$6,021 on behalf of the Issaquah School District for each new single-family dwelling built within the District's boundaries. This year, the Issaquah School District has asked for another decrease in the fee of$526 to $5,495 based upon their Capital Facilities Plan. Plans in the 2008 Capital Facilities Plan include expansions of middle school and high school facilities that serve current Renton residents, as well as future residents within Renton's Potential Annexation Area(PAA). Two years ago, given the likelihood of annexation of land to the City of Renton within the boundaries of the Kent School District, the Council authorized the collection of an impact fee for new single-family homes. Last year, the City authorized the collection of a multi-family impact fee as well. The District is requesting a $196 increase in the fee for single family homes the upcoming year,to bring the total amount to $5,304 per new single-family home. Additionally, the District is requesting a$120 increase in the fee for new multi-family units,to bring the total amount to $3,266 for the upcoming year. The District's 2008-2009—2013-2014 Capital Facilities Plan includes the addition of facilities that would serve current and future (within the PAA) Renton residents, which includes additional High School classroom space, acquisition of a site for an Elementary School, and expansion of existing Elementary School facilities. Until this year, the Renton School District has had adequate capacity within its system to accommodate growth. Thus, the District has not requested that the City of Renton collect an impact fee on its behalf. Estimates within Renton School District's most recent Capital Facilities Plan,however, show that there is a need for an impact fee to mitigate the costs of growth on the District. Within the next six years, additional facilities will be needed to serve Elementary students within the District, and additional facilities to serve all grade levels will be needed within the next 20 years. As a result, the Renton School District has asked the City of Renton to adopt its 2007 Capital Facilities Plan and assess and impact fee on its behalf in the amount of$3,651 per new single family home and $1,857 per new multi-family unit. CONCLUSION: The City should collect a$5,495 school impact fee on behalf of the Issaquah School District. The City should also collect a school impact fee on behalf of the Kent School District in the amount of$5,304 per new single-family unit and $3,266 per new multi- *IS H:\CED\Admin\Financial Incentives\Impact Fees\2008 Impact Fees\Impact Fee Issue Paper.doc Marcie Palmer Page 3 of 3 October 27,2008 family unit. In addition, the City should authorize the collection of school impact fee on ®.,. behalf of the Renton School District in the amount of$3,651 per new single-family residence and $1,857 per new multi-family unit. cc: Jay Covington Chip Vincent Igatel Stow H:\CED\Admin\Financial Incentives\Impact Fees\2008 Impact Fees\Impact Fee Issue Paper.doc CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 4-1-160 SCHOOL IMPACT MITIGATION FEES OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" ADOPTING THE 2008 ISSAQUAH SCHOOL DISTRICT CAPITAL FACILITIES PLAN, ADOPTING THE 2008-2009-2013-2014 KENT SCHOOL DISTRICT CAPITAL FACILITIES PLAN, ADOPTING THE 2007 RENTON SCHOOL DISTRICT CAPITAL FACILITIES PLAN, CHANGING THE IMPACT FEE COLLECTION ON BEHALF OF THE SCHOOL DISTRICTS WITHIN THE CITY OF RENTON FROM $6,021 PER NEW SINGLE FAMILY HOME TO $5495 PER NEW SINGLE- FAMILY HOME IN THE ISSAQUAH SCHOOL DISTRICT, CHANGING THE IMPACT FEE COLLECTION ON BEHALF OF THE KENT SCHOOL DISTRICT FROM $5110 PER NEW SINGLE-FAMILY HOME TO $ 5,304 AND FROM $3,146 PER NEW MULTI-FAMILY UNIT TO $3,266 PER MULTI-FAMILY UNITS AND IMPLEMENTING AN IMPACT FEE OF $3,651 PER NEW SINGLE-FAMILY HOME AND $1,857 PER NEW MULTI- FAMILY UNIT IN THE RENTON SCHOOL DISTRICT. WHEREAS, under Section 4.1.160 of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations), of Ordinance No. 4260 known as the "Revised and Compiled Ordinances of the City of Renton," as amended, and the maps and reports adopted in conjunction therewith, the City of Renton has heretofore collected on behalf of the Issaquah School District an impact fee of$6,021 for each new single-family home built within the District's boundaries; and WHEREAS, the Issaquah School District requested that the City of Renton adopt the District's 2008 Capital Facilities Plan, which includes an decrease in the impact fee for new single-family homes to $5,495; and WHEREAS, under Section 4.1.160 of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations), of Ordinance No. 4260 known as Nord1 the "Revised and Compiled Ordinances of the City of Renton," as amended, and the Now., maps and reports adopted in conjunction therewith, the City of Renton has heretofore collected on behalf of the Kent School District an impact fee of$5,110 for each new single-family home and $3,146 per new multi-family unit built within the District's boundaries; and WHEREAS, the Kent School District requested that the City of Renton adopt the District's 2008-2009 — 2013-2014 Capital Facilities Plan, which recommends an increase in the impact fee for new single-family homes to $5,304 and an increase in the impact fee for new multi-family units to $3,266; and WHEREAS, until recently the Renton School District has been able to accommodate growth within existing facilities, but currently estimates a need for additional school facilities within the next six years to accommodate anticipated growth; and WHEREAS, the Renton School District has requested that the City of Renton adopt the District's 2007 Capital Facilities Plan, which recommends the collection of a impact fee for new single-family homes of$3,651 and the collection of an impact fee for new multi-family units of$1,857; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 4-1-160A entitled"Findings and Authority" of section 160 entitled"School Impact Mitigation Fees" of Chapter 1, "Administration and Enforcement" of Title IV (Development Regulations) of Ordinance No. 4260 entitled % e 2 "Revised and Compiled Ordinances of the City of Renton, Washington"is hereby amended as follows: The City Council of the City of Renton (the "Council") hereby finds and determines that new growth and development in the City of Renton will create additional demand and need for school facilities, and the Council finds that new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. Therefore,pursuant to Chapter 82.02 RCW, the Council adopts this Section to assess school impact fees for the Issaquah School District-mss the Kent School District and the Renton School District. The provisions of this Section shall be liberally construed in order to carry out the purposes of the Council in establishing the school impact fee program. SECTION II. Subsection 4-1-160B.8 definition of"district" of subsection B entitled "Definitions" of section 160 entitled"School Impact Mitigation Fees" of Chapter 1, "Administration and Enforcement" of Title IV (Development Regulations) of Ordinance No. 4260 entitled"Revised and Compiled Ordinances of the City of Renton, Washington"is hereby amended as follows: 8. "District"means school district and refers to either one of the following school districts that serve City of Renton residents: the Issaquah School District No. 411, King County, Washington, or the Kent School District No. 415, King County, Washington or the Renton School District No. 403, King County, Washington; SECTION III. Subsection 4-1-160D.5 of subsection D entitled"Fee Calculations"of section 160 entitled"School Impact Mitigation Fees" of Chapter 1, "Administration and Enforcement" of Title IV (Development Regulations) of Ordinance No. 4260 entitled"Revised and Compiled Ordinances of the City of Renton, Washington"is hereby amended as follows: 3 5. The City Council may adjust the fee calculated under this subsection, as it sees fit, to take into account local conditions such as, but not limited to, price differentials throughout the District in the cost of new housing, school occupancy levels, and the percent of the District's Capital Facilities Budget, which will be expended locally. The City council establishes the following fees: a.Six thousand twenty one dollars ($6,021.00)per single School District. b.Fivc thousand one hundred ten dollars ($5,110.00)per School District. c.Three thousand one hundred forty six dollars ($3,116.00) the Kent School District. Single- Multi-Family Family Fee Fee Amount Amount Issaquah $5,495.00 Not School Applicable. District flow Kent School $5,304.00 $3,266.00 District Renton $3,651.00 $1,857.00 School District SECTION IV. Subsection 4-1-160I.3 of subsection I entitled "Interlocal Agreement" of section 160 entitled "School Impact Mitigation Fees" of Chapter 1, "Administration and Enforcement"of Title IV (Development Regulations) of Ordinance No. 4260 entitled"Revised and Compiled Ordinances of the City of Renton, Washington" is hereby amended as follows: 3. For administrative convenience while processing the fee payments, school impact fees may be initially depositied in the City account known as the"Issaquah School District Impact Fee Fund," and _the"Kent School District Impact 4 Fee Fund," and the"Renton School District Impact Fee Fund,"with interest earned retained by the District. As soon as advisable, the City shall deposit the school impact fees collected for the District in the District's School Impact Fee Account. SECTION V. Subsection 4-1-160J entitled"Adoption of the District Capital Facilities Plan and Submission of the Annual Updates and Report and Data" of section 160 entitled"School Impact Mitigation Fees" of Chapter 1, "Administration and Enforcement"of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Revised and Compiled Ordinances of the City of Renton, Washington" is hereby amended as follows: 1. The following capital facilities plans are hereby adopted by reference by the City as part of the Capital Facilities Element of the City's Comprehensive Plan: a. The Issaquah School District No. 411 2007 Capital Facilities Plan; b. The Kent School District No. 415 2007-2008— 2012-2013 Capital Facilities Plan. c. The Renton School District No. 403 2007-2013 Capital Facilities Plan. 2. On an annual basis,the District shall submit the following materials to the City: a. The annual update of the District's Capital Facilities Plan; in Attachment A to Ordinance 4808, and a Ordinance 4808); and e b.An annual report on the School Impact Fee Account, showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. SECTION VI. Subsection 4-1-160L entitled"Special Funds Created"of section 160 entitled"School Impact Mitigation Fees"of Chapter 1, "Administration and NINO5 Enforcement'of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Revised and Compiled Ordinances of the City of Renton, Washington"is hereby amended as follows: There are hereby created two-three(23) special City funds known as the "Issaquah School District Impact Fee Funds" and the "Kent School District Impact Fee Fund.," and the "Renton School District Impact Fee Fund," into which all school impact mitigation fees will be deposited. SECTION VII. This ordinance shall be effective upon its passage, approval and five days after its publication. PASSED BY THE CITY COUNCIL this day of Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. Nay 6 CITY OF RENTON COUNCIL AGENDA BILL /+ AI#: C / , Submitting Data: For Agenda of: November 3, 2008 Dept/Div/Board: Community Services/Facilities Staff Contact: Peter Renner, Facilities Director Agenda Status Ext. 6605 Consent X Subject: Public Hearing. Lease Amendment with King County Metro for interim Correspondence. revision of LAG-04-003 PARK AND RIDE GARAGE Ordinance AGREEMENT. Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Amendment Information Lease Agreement Recommended Action: Approvals: Refer to Finance Committee Legal Dept X Finance Dept.... X Risk Management Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated $8,250 per quarter Total Project Budget City Share Total Project SUMMARY OF ACTION: The City informed King County Metro in a letter dated April 2008 that Metro was not complying with terms of the Lease with regards to parking spaces in the City Center Parking Garage. There have been ongoing negotiations, but flux in Metro's budget and pricing structure have prevented a new lease from being completed. The Amendment represents a short term compromise to address some of the City's issues with the original lease, namely a flawed counting process and shortage of revenue. Efforts to develop a longer term market-based lease with King County Metro continue. STAFF RECOMMENDATION: Approve the Lease Amendment with King County Metro for additional designated spaces at a higher base rate until the termination of the existing agreement on April 22, 2009, and authorize the Mayor and City Clerk to sign the Amendment. H:\Peter Renner\Peter Renner 2008\AmendKCMetroParkLease.doc 10/24/2008 2:14:52 PM r. - COMMUNITY SERVICES DEPARTMENT • Nr-r0� MEMORANDUM DATE: October 24, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: j..• Denis Law, Mayor FROM: Sc'cfr Terry Higashiyam ommunity Services Administrator STAFF CONTACT: Peter Renner, Facilities Director, Ext. 6605 SUBJECT: Lease Amendment with King County Metro for the City Center Parking Garage (CCPG) Issue: Should the Council authorize the Mayor and the City Clerk to sign a Lease Amendment with King County Metro for parking spaces at the CCPG? Recommendation: Council authorize the Mayor and City Clerk to sign the Lease Amendment. Background: • In 2004, the City and King County Metro signed a Park and Ride Garage Agreement, LAG-04-003 that provided a pricing structure and operational details for Metro's Transit Center users to park in the CCPG. • Use of the garage was fairly light until September 2007, when a significant increase in users was noticed. • The subsequent payments from Metro did not seem to grow in proportion to the increased use. • The original Lease did not include mutual verification of the counts; rather it depended on Metro keeping track. • Independent counts by the City, that showed the disparity, were sent to Metro, and Metro's response indicated that their agreement that the process seemed flawed. • The original lease was for up to 200 spaces, and current daily use is very close to 300 users. • The City sent a letter to Metro in April 2008 that invoked the one-year termination clause and offered to renegotiate a new contract with operational corrections and market-based pricing. • Subsequent negotiations have been informative,but not conclusive. Metro intends to roll out a new pricing and operational plan in March 2009 that may include a cover charge for parking,but the final details have not been approved. • In the interest of partially readdressing City grievances with the existing Lease, an interim Amendment was created. NIS • The Amendment includes the following business points: o We agreed on an absolute number of spaces for the duration, 250. o Metro will pay for those 250 spaces whether they are used or not. o The original Lease cost for the first 100 spaces was $10 per month. This has now increased to $15 per month. o The remaining 150 spaces will be at the original rate of$15 per month. o The Amendment will run to the termination date, April 22, 2009. o Additional revenue generated over the term of the lease will be $8,250 per quarter, with pro-ration of the final 22 days, roughly $10,300 total. • With the introduction of Parking Garage management by Diamond Parking and the expected impact of enforcement on the current use patterns, we would also expect to see a significant increase in parking garage income from the Metro overflow parkers, either through daily parking fees or the sale of monthly parking passes. Conclusion: This Amendment provides the City with additional revenue while negotiations continue with Metro for a new Lease. While there are no guarantees that a new lease will be consummated, Metro certainly understands the City's expectations and we believe they are acting in good faith during this unstable budget period. Attachment cc: Jay Covington,Chief Administrative Officer Iwen Wang,Finance&IS Administrator Larry Warren,City Attorney Bonnie Walton,City Clerk AMENDMENT ONE TO THE PARK AND RIDE GARAGE AGREEMENT Between the City of Renton and King County This Amendment One to the Park and Ride Agreement between the City of Renton and King County is entered into this ZZ day of Qc i n ,r- , 2008 by and between THE CITY OF RENTON ("Owner"), and KING COUNTY, acting through its Department of Transportation ( "KCDOT"). WHEREAS, the City and KCDOT executed an Agreement on June 1, 2004, ("Agreement"), to permit transit and rideshare commuters the use of a portion of the "Owner's"property for a park and ride lot; and WHEREAS, there is a need for the County to expand the number of commuter parking spaces to serve transit customer ridership; and WHEREAS, excess parking is currently available in the garage. NOW THEREFORE, in consideration of the mutual terms and covenants herein and in the Agreement, the sufficiency of which is hereby acknowledged, the parties Now hereto agree to the following: Section One. Section 2 (Payment) of the Agreement is amended to read as follows: In consideration of"KCDOT" paying the sum of Fifteen Dollars and 00/100's ($15.00), per parking space per month, the "Owner" agrees to allow commuters to use 250 parking spaces located on the "Premises" located on floors 4, 5, 6 and 7 and as shown in Exhibit A of the Agreement, under the terms and conditions stated herein. Concurrent with the - execution of this Amendment and each quarter thereafter, until the Agreement is re- negotiated or terminated, "KCDOT" agrees to pay the sum of Fifteen Dollars and 00/100's ($15.00) per space per month for 250 parking spaces, totaling Eleven Thousand, Two Hundred Fifty Dollars and 00/100's ($11,250.00) to be paid on a quarterly basis. "KCDOT" agrees to make payment in advance of Three Thousand Dollars and 00/100 ($3,000.00), and will pay the remaining Eight Thousand, Two Hundred Fifty Dollars and 00/100's ($8,250.00) following the conclusion of each quarter. The parties agree that said payment is complete and full and that no further amount shall be due for any wear, maintenance or damage accruing to the "Premises". No fee shall be charged to commuters for parking in the garage under the terms and allowable time periods covered by this Agreement unless mutually agreed to by the Owner and KCDOT in writing prior to imposing said fees. City of Renton/King County Amendment Renton City Municipal Garage Parking Agreement Page 1 of 2 Section Two. All other provisions of the Agreement not referenced in this Amendment shall remain in effect. IN WITNESS WHEREOF, the parties have executed this Amendment One on the dates set forth below. KING COUNTY, METRO TRANSIT DIVISION \) By: 2/1/0A" ,i' Date: UP,a,)t3 Kevin Desmond, General Manager King County Metro Transit Division THE CITY OF RENTON By: Date: Denis Law Mayor Nrigi City of Renton/King County Amendment Renton City Municipal Garage Parking Agreement Page 2 of 2 • LAG-04-003 Niue' PARK AND RIDE GARAGE AGREE,MMENT Between the City of Renton and King County THIS AGREEMENT is made and entered into this 1st day of June, 2004 by and between THE CITY OF RENTON, its successors and assigns, hereinafter together called the "Owner", and KING COUNTY, acting through its Department of Transportation, its successors and assigns, hereinafter together called "KCDOT". WHEREAS, the Owner and KCDOT together built the Renton Transit Center at South Second and Burnett Avenue South in downtown Renton to be the focus of transit service in the Renton area; and WHEREAS, the Owner built an $8.5 million dollar parking garage at South Second and Burnett Avenue South to serve the public parking need in downtown Renton; and WHEREAS, excess parking is currently available in the garage; and WHEREAS, in order to maximize usage of the Renton Transit Center and increase slaw utilization of public transportation, additional parking is needed for transit customers; and WHEREAS, the Owner is willing to allow transit customers to use space in its parking garage according to the terms and conditions set forth herein. NOW THEREFORE, in consideration of the terms, conditions and covenants herein contained, the sufficiency of which is hereby acknowledged, the parties hereto agree to the following: 1. Purpose: This Agreement is intended to encourage the "Owner" to permit transit and rideshare commuters, hereinafter called "commuters", to use of a portion of the "Owner's" property (hereinafter referred to as "Premises" and described in Exhibit A which is attached hereto and made a part hereof) for a park and ride lot. Nothing herein shall be construed as creating a tenancy between "KCDOT" and the "Owner". 2. Payment: In consideration of "KCDOT" paying the sum of Ten Dollars and 00/100's ($10.00), per parking space per month, the "Owner" agrees to allow commuters to use 100 parking spaces located on the "Premises" located on floors 4, 5, 6 and 7 and as shown in Exhibit Nom,' City of Renton/King County Agreement Municipal Garage Parking Agreement Page 1 of 5 A, under the l(1:r; cc'i Wtions Mated herein. Concurrent with the execution of this Agreement and C:. :: t!-crca1ter, until the Agreement is terminated, "KCDOT" agrees to make payment in ::d\:iDce of Three ThousandDoll'us and 00/100 ($3,000.00), the amount due for the following quar.cr 101 r: cf the parking spaces referenced above. If the demand for parking increases and the pLri;cs mutually agree that more than 100 spaces are needed, the "Owner" agrees to allow commuter; to use up to 99 additional parking spaces located on the "Premises" and as shown in Exhibit A, under the terms and conditions stated herein and in consideration of "KCDOT" paying the additional sum of Fifteen Dollars and 00/100's ($15.001. per month for each additional parking space. If the demand for parking further increases and the parties determine that up to, but not exceeding 200 total parking spaces are needed, the "Owner" agrees to allow commuters to use up to 200 parking spaces located on the "Premises" and as shown in Exhibit A, under the terms and conditions stated herein and in consideration of"KCDOT" paying the sum of Fifteen Dollars and 00/100's ($15.00), per parking space per month, or Nine Thousand Dollars and 00/100 ($9,000.00) to be paid quarterly. The parties agree that said payment is complete and full and that no further amount shall be due for any wear, maintenance or damage accruing to the "Premises". No fee shall be charged to commuters for parking in the garage under the terms and allowable time periods covered by this Agreement unless mutually agreed to by the Owner and KCDOT in writing prior to imposing said fees. 3. Term: This Agreement shall be in full force and effect and binding upon the parties rrrr hereto beginning June 1, 2004 and shall continue thereafter until terminated in accordance with this section. After the first five years of this Agreement or on or about May 30, 2009, and every 5 years thereafter for a period of 15 years or greater, the parties will survey vehicle occupancy the building. If 80% of the City's fee based 361 parking spaces are utilizated by the public on typical weekdays between 9 am and 6 pm, , then the parties shall agree to renegotiate the terms of the Agreement to allow the city to recover up to Twenty Dollars and 00/100 ($20.00) per space per month, for the 200 parking spaces described in Section 2 above, or a quarterly sum not to exceed Twelve Thousand Dollars and 00/100 ($12,000) (2004 dollars) as adjusted for Seattle Area Consumer Price Index and reduced by any amounts previously paid by KCDOT. If the 80% threshold in this section is not exceeded, payment shall not exceed that provided in Section 2 above except that the reimbursement may be adjusted annually for the Seattle Area Consumer Price Index. The Agreement may also be terminated by either party by giving 365 days written notice to the other party of the intent to terminate. If this Agreement is terminated, the "Owner" agrees to return to "KCDOT" any unearned portions of the quarterly payment. 4. Use of Premises: The "Premises" shall be used for a park and ride lot, vehicular access for parking for commuters, ingress and egress for, and all similar and related uses. Such use shall not include buses, vans, or trucks with a gross weight exceeding 10,000 pounds. "KCDOT" shall not create or maintain on the "Premises" any nuisance or in any way violate generally applicable laws, ordinances and public regulations now or hereafter in effect. City of Renton/King County Agreement Municipal Garage Parking Agreement Page 2 of 5 5. Access and Use: Commuters shall have primary right to use the Floors 4, 5, 6 and 7 of the "Premises" as described in Exhibit A from Monday through Friday between 5:00 A.M. and 11:00 P.M., except for holidays. By advance prior written agreement with the Owner, KCDOT may use the above space on weekends without additional charge to provide parking for special events such as sporting events, special shows, or other major community activities. The "Owner" shall have and retain the right to use the "Premises" during other hours. The "Owner" reserves the ability to make other uses of the "Premises" which do not interfere with the commuters' use. "KCDOT" shall have the right to enter upon the "Premises" at any time for purposes related to this Agreement. 6. Limits of Use: "KCDOT" shall provide appropriate and suitable signs to the "Owner". The "Owner" will post the signs showing the limits of the "Premises". "KCDOT" shall have the right to approve the locations of such markings and signs, which approval shall not be unreasonably withheld. Commuters shall be notified that the garage is closed weekdays between 11 PM and 5 AM. 7. Facility Management: The "Owner" shall be responsible for management, operations, 4442", enforcement and maintenance and repair of the "Premises". The "Owner" shall supervise the daily operation of the facility. The responsibilities include but are not limited to: • Regular maintenance • Prompt removal of graffitti and other litter • Enforcement of ADA stall use • Removal of blocking vehicles • Removal of abandonded vehicles • Removal of vehicles leaking fluids • Responding to elevator alarms in the garage and taking steps to free any trapped users • Responding to personal or property injuries reported/observed in the parking garage • Responding to requests to release vehicles after hours • Enforcement of hourly and overnight parking restrictions • Enforcement of commuter parking restrictions 8. Liens and Improvements: "KCDOT" shall not permit any mechanic's or materialmen's liens of any kind to be enforced against the "Premises" for any work done or materials furnished thereon at the request of or on behalf of"KCDOT". 14400, City of Renton/King County Agreement Municipal Garage Parking Agreement Page 3 of 5 9. Maintenance and Repairs: The "Owner" shall be responsible for all costs associated with cleaning, maintaining and repairing the "Premises". "KCDOT" shall only be responsible for the maintenance of markings and improvements which it installs during the life of this agreement. 10. Governmental Charges: The "Owner" shall indemnify and save "KCDOT" harmless from any taxes, assessments or governmental charges of any kind which may be levied against the "Premises". 11. Insurance: "KCDOT" agrees to maintain general liability insurance, including personal injury and property damage coverage, in an amount of at least one million dollars ($1,000,000.00) per occurrence. This requirement may be satisfied by self-insurance (to be evidenced by a letter from "KCDOT"). "Owner" agrees to maintain such insurance coverage as is customarily carried on comparable buildings in the City of Renton, or as "Owner" may reasonably determine, with insurance companies that are authorized to do business in the State of Washington. The amount of such insurance coverage shall not be less than commercially reasonable insurance carried by owners of properties of similar nature and occupancies, and, so long as there is no additional cost to the "Owner", shall name "KCDOT" as an additional insured. r.ro0 13. Accommodation: The parties agree to make reasonable accommodations with and to work together to resolve problems that may arise from time to time. The "Owner" agrees to provide special consideration for vehicles displaying an accessibility decal. 14. Successors and Assigns: This Agreement and each of the terms, provisions, conditions, and covenants hereof shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 15. Signs and Improvements: In consultation with the "Owner", "KCDOT" shall develop and manufacture the lot identification and welcome signs for the parking facility. The initial set of signs and specifications will be provided to the "Owner", at the expense of "KCDOT". The "Owner" will, at its expense, install the signs in the garage at locations identified and agreed to by both parties. The "Owner" shall, at its expense, be responsible for maintaining signs, as well as the subsequent manufacture and replacement of removed and damaged signs. 16. Owner Covenants: "Owner" covenants that "Owner" holds fee simple title to the Premises and has full right to make this Agreement for the uses and purpose herein provided. City of Renton/King County Agreement Municipal Garage Parking Agreement Page 4 of 5 • 17. Entire Agreement: This document contains the entire agreement between the parties and supersedes all other statements or understandings between the parties. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date herein set forth. KING COUNTY, METRO TRANSIT DIVISION B3 .� Date 5`�--1-••°('`k-1-••°('`k: � Darvyi� aC mpbell, Acting General Manager King County Metro Transit Division Approved as to Form Date: 5- 6 - vV-- County Deputy Proseing Attorney THE CITY OF RENTON 0-64-6-7 Date: 6 Kathy Keolker-Wheeler ATTEST: Title: Mayorde0-7144,4 zdai6-y-- Bonnie I. Walton, City Clerk Approved as to Form j` A., ity of Renton Atto 'Y "` City of Renton/King County Agreement Municipal Garage Parking Agreement _ Page 5 of 5 LAG-04-003 • 14, ',id Renton Garage Agreement DOTY Exhibit A $410 -Ti , 11 ! , i ! , 11 ! , : 1 . .. , , . • , . , ! 111 1 Ii11 , 1 , - , ! ! ! : ! , ! 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IF ! , •IN' ' ' 1.:-- - I l t... -. 1i : ,, .ii I I ,t. 1. ,. - . :. -,-.- -, •, . It -- - . :.•iatmism lime.iiiiiirsisiii- iglu:monis. c.. .? - .:._. . . . . . . ,.... .„, . , - . . ...., . . Exhibit A Page 4 of 4 (not to scale) oo, LNG • • -,.. ,44,-,.. CITY OF RENTON COUNCIL AGENDA BILL Al#: 1• d, 011100iSubmitting Data: For Agenda of: November 10, 2008 Dept/Div/Board.. CED/Development Services Staff Contact Neil Watts, x-7218 Agenda Status Consent X Subject: Public Hearing.. Allowing charge of King County established fees when Correspondence.. processing projects vested to King County standards. Ordinance X Resolution Old Business Exhibits: New Business Issue paper Study Sessions Ordinance Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Approximately $15,000 Total Project Budget City Share Total Project... SUMMARY OF ACTION: iiiiipeWhen annexations occur to the City of Renton, there are often development projects already under review or inspection with King County, which are turned over to the City to complete. Adoption of the ordinance will allow city staff to continue charging established King County fees for plan review and inspection of projects vested to King County standards. These fees would apply to all annexation areas for processing by city staff, of projects vested in King County prior to annexation. STAFF RECOMMENDATION: Approve charge of King County established fees when processing projects vested to King County standards, and adoption of the ordinance. Rentonnet/agnbill/ bh • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT • • MEMORANDUM DATE: October 10, 2008 TO: Marcie Palmer, Council President Members of Renton City Council VIA: Denis Law, Mayor ,, f� FROM: Alex Pietsch, CED Administrator ��/1/� STAFF CONTACT: Neil Watts, Development Services Director SUBJECT: Establish Authority to Charge King County Rates Vested Projects in Annexation Areas ISSUE: Should the City approve an ordinance, allowing the City to charge for plan review and inspection of projects vested to King County standards under the existing King County fee structure? RECOMMENDATION: Staff recommends adoption of an ordinance allowing the City of Renton (City) to charge project applicants the King County(County) fee rates for projects in new annexation areas. These fees would only apply to projects that were vested to King County codes and standards prior to annexation. BACKGROUND SUMMARY: When annexations occur to the City, there are frequently development projects already under review or inspection with the County. These projects are vested to the County standards and codes in place at time of application, and are generally turned over to the City to complete. It is unclear as to the proper method of establishing fees for this remaining plan review and inspection work. Under the County, these projects would be charged an hourly rate for staff time spent on the associated plan review and inspection. As part of the Benson Hill annexation, Council approved an ordinance establishing that these vested projects would be required to continue to pay the same fees they vested to under the County regulations. This request is to extend that same fee structure for projects vested to County standards to all annexation areas. Establish Authority to Charge King County Rates Vested Projects in Annexation Areas Page 2 of 2 October 10,2008 Approval of an ordinance is required to allow City staff to continue charging review and inspection fees under the County fee system for the vested project in the annexation area. These fees would only apply to projects being processed under the current County regulations. All other applications and permits processed by the City under City codes will be subject to the normal City fee schedule. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY ADDING AN EXCEPTION FOR PROJECTS VESTED IN THE COUNTY TO LAND USE REVIEW FEES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 4-1-170, Land Use Review Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by adding a new subsection "D," to read as follows: D. EXCEPTION FOR PROJECTS VESTED IN THE COUNTY: Noe For those projects that have vested to a land use permit under the Development Regulations of King County, the King County Land Use Review Fee Schedule shall apply, and is hereby adopted by reference. A copy of that fee schedule has been filed with the City Clerk and is available at the City Clerk's office for public review. SECTION II. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk Noose 1 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1505:9/23/08:scr "rd0.' 2 CITY OF RENTON COUNCIL AGENDA BILL Q AI#: 7,e Submitting Data: For Agenda of: Dept/Div/Board.. Finance & IS Department November 3, 2008 Staff Contact George McBride Agenda Status IS Director Consent X Subject: Public Hearing.. Correspondence.. New Hire Step D Authorization Ordinance Resolution Old Business Exhibits: New Business 1. Issue Paper Study Sessions Information Recommended Action: Approvals: Legal Dept Council Concur Finance Dept Other Fiscal Impact: Expenditure Required... $64,356 Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget $64,356 City Share Total Project.. I SUMMARY OF ACTION: The Finance/Information Systems Department has completed recruitment for the absent position of Systems Analyst/Programmer to work in the Applications Support Group of the Information Services Division. City Policy 300-41 requires that Council approve any starting wage rate higher than Step C. STAFF RECOMMENDATION: • Approve the proposed hiring of a Systems Analyst/Programmer at a Step D, Grade A21 at a beginning salary of$64.356. CC: Jay Covington,CAO Linda Parks,Fiscal Services Director George McBride,Information Systems C:\DOCUME-11MNeumann\LOCALS—I\Temp\}1Pgrpwise\2008 New Hire Step D Autorization.doc ti` O FINANCE AND 11. , INFORMATION SERVICES DEPARTMENT MEMORANDUM DATE: October 27, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law,Mayo W'F/5-7 17L-- FROM: George McBride, IS DirectoCe SUBJECT: New Hire Step D Authorization ISSUE Should the City authorize hiring of a Systems Analyst/Programmer at a Step D, Grade A21? RECOMMENDATION Staff recommends approval of a Step D beginning pay rate. 4wrrr BACKGROUND SUMMARY The FIS Department has completed recruitment for the absent position of Systems Analyst/ Programmer to work in Applications Support Group of the Information Services Division. City Policy 300-41 requires that Council approve any starting wage rate higher than Step C. The successful candidate is currently earning$87,600 per annum. As a Renton resident,the candidate has expressed interest in accepting the City's offer, contingent upon retirement from his current position and the City to close the wage gap to a step D. A Step D beginning pay rate of will result in a beginning salary 10%below current earnings. The applicant's technical knowledge,work product, and qualifications all suggest this candidate is well qualified for the position and deserving of the Step D beginning salary at $64,356. CONCLUSION By authorizing the proposed hiring of a Systems Analyst/Programmer at a Step D, Grade A21, the City Council would greatly benefit from the experience and expertise the candidate has to offer. GM/myr cc: Jay Covington,CAO Linda Parks,Fiscal Services Director Bonnie Walton,City Clerk George McBride,FIS Nigro h:\finance\adminsup\02_issuepapers_memos to council or mayor\2008_new hire step authorization issue paper.doc CITY OF RENTON COUNCIL AGENDA BILL /� AI#: /• '('� Submitting Data: For Agenda of: Dept/Div/Board.. Finance/IS Department November 3, 2008 Staff Contact Linda Parks Agenda Status Fiscal Services Director Consent Subject: Public Hearing.. Correspondence.. Adopt Identity Theft Prevention Program Ordinance Resolution Old Business Exhibits: New Business Identity Theft Prevention Program (Draft) Study Sessions Issue Paper, Information Recommended Action: Approvals: Legal Dept Refer to Finance Committee Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: Finance staff proposes to adopt the Identify Theft Prevention Program to conform with the Federal Trade Commission's regulations requiring utility services providers along with financial institutions and other creditors to develop and implement written identity theft prevention programs under the Fair and Accurate Credit Transaction Act of 2003 (FACTA). This proposed program will provide for the identification, detection and response to patterns, practices, or specific activities - known as "red flags" - that could indicate identity theft; and will designate the Fiscal Services Director to serve as program administrator. STAFF RECOMMENDATION: Approve the proposed Identity Theft Prevention Program to comply with FACTA's Red Flag requirements. C:\DOCUME 1\BWalton\LOCALS-1\Temp\2008_Identity Theft Prevention Program.doc `SY 0 FINANCE AND INFORMATION SERVICES ® DEPARTMENT MEMORANDUM DATE: October 27, 2008 TO: Marcie Palmer, Council President Members of the Renton City Council VIA: Denis Law, Mayor FROM: Linda Parks,Finance/Fiscal Services Director SUBJECT: Adopt Identify Theft Prevention Program ISSUE Should the City adopt the Identity Theft Prevention Program that will provide for the identification, detection and response to patterns, practices, or specific activities —known as"red flags"—that could indicate identity theft? gore RECOMMENDATION Adopt the Identify Theft Prevention Program as proposed by staff. BACKGROUND SUMMARY The Federal Trade Commission has issued regulations requiring financial institutions and creditors to develop and implement written identity theft prevention programs under the Fair and Accurate Credit Transaction Act of 2003 (FACTA). According to the requirements of FACTA, municipal utilities are subject to these requirements and the City Councils of all cities that operate utilities are mandated to adopt programs that meet their requirements. Since the regulations are enforced by the Federal Trade Commission, in the event that the creditor fails to develop and implement a program, the Federal Trade Commission may enforce the failure as unfair or deceptive act or practice in commerce. The consequences may include a cease and desist order from the Federal Trade Commission after a hearing and civil penalties not to exceed $2,500 per violation. CONCLUSION By adopting the proposed Identity Theft Prevention Program, the City will conform to the Federal Trade Commission's requirements under FACTA. Attachment(Identity Theft Prevention Program Draft) cc: Jay Covington, CAO Marty Wine,Assistant CAO Bonnie Walton, City Clerk °tirr✓ H:\FINANCE\ADMINSUP\02_IssuePapers_memos to Council or Mayor\2008_Identity Theft Prevention Program Issue Paper.doc City of Renton Identity Theft Prevention Program Effective beginning December 1, 2008 I. PROGRAM ADOPTION The City of Renton developed this Identity Theft Prevention Program ("Program") pursuant to the Federal Trade Commission's Red Flag Rule ("Rule"), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. § 681.2. After consideration of the size and complexity of the City's Utility operations and account systems, and the nature and scope of the City's Utility activities, the City Council determined that this Program is appropriate for the City of Renton, and therefore adopted this Program on December 1, 2008, and hereby designate Fiscal Services Director to serve as program administrator. II. PROGRAM PURPOSE AND DEFINITIONS A. Fulfilling requirements of the Red Flags Rule Under the Red Flag Rule, every financial institution and creditor is required to establish an "Identity Theft Prevention Program"tailored to the size, complexity and nature of its operation. ,,,_ Each program must contain reasonable policies and procedures to: 1. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; 3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; and 4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from Identity Theft. B. Red Flags Rule definitions used in this Program The Red Flag Rule defines "Identity Theft" as "fraud committed using the identifying information of another person" and a"Red Flag" as"a pattern, practice, or specific activity that indicates the possible existence of Identity Theft." According to the Rule, a municipal utility is a creditor subject to the Rule requirements. The Rule defines creditors "to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors." H:\FINANCE\ADMINSUP\12_Files for Review\City of Renton FACTA Red Flag Rules Policy.DOC - 1 - All the City's Utility accounts that are individual utility service accounts held by customers of the utility whether residential, commercial or industrial are covered by the Rule. Under the Rule, a"covered account" is: 1. Any account the Utility offers or maintains primarily for personal, family, or household purposes, that involves multiple payments or transactions; and 2. Any other account the Utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the Utility from Identity Theft. "Identifying information"is defined under the Rule as "any name or number that may be used, alone or in conjunction with any other information, to identify a specific person,"including: name, address, telephone number, social security number, date of birth, government-issued driver's license or identification number, alien registration number, government passport number, employer, or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing code. III. IDENTIFICATION OF RED FLAGS In order to identify relevant Red Flags, the Utility considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. The Utility identifies the following Red Flags and will train appropriate staff to recognize these Red Flags as they are Now encountered in the ordinary course of Utility business: A. Suspicious Documents Red Flags 1. Identification document or card that appears to be forged, altered, or inauthentic; 2. Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document; 3. Other information on identification document is not consistent with information provided by the person opening a new covered account,by the customer presenting the identification, or with existing customer information on file with the creditor(such as a signature card or recent check); and 4. Application for service that appears to have been altered or forged. H:\FINANCE\ADMINSUP\12_Files for Review\City of Renton FACTA Red Flag Rules Policy.DOC -2 - B. Suspicious Personal Identifying Information Red Flags 1. Identifying information presented that is inconsistent with other information the customer provides, for instance,where there is a lack of correlation between the social security number range and the date of birth; 2. Identifying information presented that is inconsistent with external sources of information, for instance, an address does not match a consumer report or a social security number is listed in the Social Security Administration's Death Master File; 3. Identifying information presented is associated with common types of fraudulent activity, such as use of a fictitious billing address or phone number; 4. Identifying information presented that is consistent with known fraudulent activity, such as presentation of an invalid phone number or fictitious billing address used in previous fraudulent activity; 5. Social security number presented that is the same as one given by another customer; 6. An address or phone number presented that is the same as that of another person; 7. A person fails to provide complete personal identifying information on an application when reminded to do so (however,by law, social security numbers must not be required); and 8. A person's identifying information is not consistent with the information that is on file for the customer. C. Suspicious Account Activity or Unusual Use of Account Red Flags 1. Change of address for an account followed by a request to change the account holder's name; 2. Payments stop on an otherwise consistently up-to-date account; 3. Account used in a way that is not consistent with prior use(example: very high activity); 4. Mail sent to the account holder is repeatedly returned as undeliverable; 5. Notice to the Utility that a customer is not receiving mail sent by the Utility; 6. Notice to the Utility that an account has unauthorized activity; 7. Breach in the Utility's computer system security; and 8. Unauthorized access to or use of customer account information. D. Alerts from Others Red Flag 1. Notice to the Utility from a customer, identity theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. H:\FINANCE\ADMINSUP\12_Files for Review\City of Renton FACTA Red Flag Rules Policy.DOC - 3 - 14400, IV. PREVENTING AND MITIGATING IDENTITY THEFT In the event Utility personnel detect any identified Red Flags, such personnel must contact the Fiscal Services Director of the City. The Fiscal Services Director will then decide which of the following steps should be taken: 1. Continue to monitor an account for evidence of Identity Theft; 2. Contact the customer; 3. Change any passwords or other security devices that permit access to accounts; 4. Not open a new account; 5. Close an existing account; 6. Reopen an account with a new number; 7. Notify law enforcement; or 8. Determine that no response is warranted under the particular circumstances. V. PROGRAM UPDATES The Fiscal Services Director shall serve as Program Administrator. The Program Administrator will periodically review and update this Program to reflect changes in risks to customers and the soundness of the Utility from Identity Theft. In doing so, the Program Administrator will consider the Utility's experiences with Identity Theft situations, changes in Identity Theft methods, changes in Identity Theft detection and prevention methods, and changes Now in the Utility's business arrangements with other entities. After considering these factors, the Program Administrator will determine whether changes to the Program, including the listing of Red Flags, are warranted. If warranted, the Program Administrator will update the Program accordingly. VI. PROGRAM ADMINISTRATION. A. Oversight Responsibility for developing, implementing and updating this Program lies with the Program Administrator. The Program Administrator will be responsible for the Program's administration, for ensuring appropriate training of Utility staff, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating Identity Theft, for determining which steps of prevention and mitigation should be taken in particular circumstances, and for considering periodic changes to the Program. B. Staff Training and Reports Utility staff responsible for implementing the Program shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags and the responsive steps to be taken when a Red Flag is detected. Staff should prepare a report at least annually for the H:\FINANCE\ADMINSUP\12_Files for Review\City of Renton FACTA Red Flag Rules Policy.DOC - 4 - err Program Administrator, including an evaluation of the effectiveness of the Program with respect to opening accounts, existing covered accounts, service provider arrangements, significant incidents involving identity theft and responses, and recommendations for changes to the Program. C. Service Provider Arrangements In the event the Utility engages a service provider to perform an activity in connection with one or more accounts, the Utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of Identity Theft. 1. Require,by contract, that service providers have such policies and procedures in place; and 2. Require,by contract, that service providers review the Utility's Program and report any Red Flags to the Program Administrator. H:\FINANCE\ADMINSUP\12_Files for Review\City of Renton FACTA Red Flag Rules Policy.DOC - 5 - CITY OF RENTON COUNCIL AGENDA BILL AI#: 7,g. Submitting Data: For Agenda of: November 3, 2008 Dept/Div/Board.. HR &RM Dept. Staff Contact Nancy Carlson Agenda Status Consent X Subject: Public Hearing.. 2009 contract for the AFSCME Local 2170 bargaining Correspondence.. unit Ordinance Resolution Old Business Exhibits: New Business Renton 2009 AFSCME, Local 2170 contract Study Sessions Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... See analysis below Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. I SUMMARY OF ACTION: Administration requests City Council authorization for the Mayor to sign a one-year labor agreement for 2009 with AFSCME, Local 2170 Unit. The projected fiscal impact for 2009 is approximately $1,883,499 for AFSCME, Local 2170. Resources have been included in the 2009 preliminary operating budget to fund the proposed agreement. The primary changes in the one-year agreement include a 5.5% COLA and an 8%increase to the medical premium. STAFF RECOMMENDATION: Approve the 2009 AFSCME, Local 2170 contract iotfire Rentonnet/agnbih/ bh AGREEMENT By and Between CITY OF RENTON and LOCAL 2170, WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO January 1, 2009 — December 31, 2009 ter. Local 2170 Contract 2009 TABLE OF CONTENTS PAGE Preamble 4 Article 1 Recognition and Bargaining Unit 4 Article 2 Union Membership and Dues Deduction 5 Article 3 Hours of Work 6 Article 4 Overtime 7 Article 5 Sick Leave 9 Article 6 Holidays 10 Article 7 Vacations 11 Article 8 Bereavement Leave 12 Article 9 Insurances 12 Article 10 Jury Duty 14 Article 11 Education and Conference 14 Article 12 Salaries 14 Article 13 Longevity 14 Article 14 Deferred Compensation 15 Article 15 Pay Period 15 Article 16 Management Rights 15 Article 17 Union Activities 15 Article 18 Labor/Management Committee 16 Article 19 Work Stoppages and Employer Protection 16 Article 20 Non-Discrimination 17 Article 21 Employment Practices 17 Article 22 Probationary Period 20 Article 23 Grievance Procedure 20 Article 24 Health, Safety and Productivity 21 Article 25 Savings Clause 22 Article 26 Entire Agreement 22 Article 27 Priority of Federal, State and City Laws 22 Article 28 Volunteers 23 Article 29 Discipline . 23 Article 30 Leave Donation 23 Article 31 Duration 27 Appendix A Classifications Represented By 2170 29 ftleil Appendix B Classification Pay Ranges for 2170 31 Appendix C Request to Receive Donated Leave 35 Appendix D Request to Donate Vacation/Personal Holiday/Comp Time 37 2 Local 2170 Contract 2009 Appendix E Request for Donation of Leave Hours 38 `P' Appendix F Approval to Receive Donated Leave 39 Appendix G Denial of Donated Leave 40 3 Local 2170 Contract 2009 PREAMBLE This Agreement is between the City of Renton (hereinafter called the Employer) and Local 2170, Washington State Council of County and City Employees, American Federation of State, County and Municipal Employees, AFL-CIO (hereinafter called the Union) for the purpose of setting forth a mutual understanding of the parties as to conditions of employment for those employees for whom the Employer recognizes the Union as the exclusive collective bargaining representative. The Employer and the Union shall cooperate to provide the public with efficient, cost-effective, and courteous delivery of public services, to encourage good attendance of employees, and to promote a climate of labor relations that will aid in achieving a high level of efficiency and productivity in all departments of City government. The parties will work together to address and adapt to the inevitable issues of change, to devise varying methods and work procedures adapted to the changing circumstances of their particular areas of responsibilities. ARTICLE 1 - RECOGNITION AND BARGAINING UNIT Section A. Pursuant to RCW 41.56.060 the Employer hereby recognizes the Union as the exclusive bargaining representative for all probationary and regular Renton City employees in those classifications listed in Appendix A. It shall be a condition of employment that all employees of the Employer covered by this Agreement who are members of the Union in good standing and those who are not members on the execution date of this Agreement, on or before the thirtieth day following the execution date of this Agreement, shall become and remain members in good standing in the Unior It also shall be a condition of employment that all employees covered by this Agreement and hired or after its execution date, on the thirtieth day following the beginning of such employment, shall become and remain members in good standing in the Union. The Employer and the Union agree that the right of non-association of employees based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member shall be protected at all times and such public employees shall pay such sum as is provided in RCW 41.56, "Chapter 59, Laws of 1973". Section B. The Union recognizes the following positions as being excluded from the represented classes listed in Appendix A. 1. All positions in the Human Resources & Risk Management Department. 2. All clerical or secretarial positions designated as "confidential" in each department. Only one "confidential" designation will be allowed in each department. Section C. In the event a new department, division, or position is created or any existing department, division, or position is reconstructed during the term of this Agreement, and a question arises as to the appropriateness of their inclusion or exclusion in or from the bargaining unit, the matter will be referred to the Public Employment Relations Commission for resolution. Until the issue is resolved, the employee shall remain a member of the bargaining unit. Agreement to allow an employee to remain in the bargaining unit during the period of consideration by the Commission shall not be prejudicial nor have any bearing on consideration of this matter by the Public Employment Relations Commission. The Union shall be notified of any newly created positions in the City, which are not recognized by other bargaining units, including the City's initial determination regarding bargaining unit status. 4 Local 2170 Contract 2009 Section D. The Union will provide a calendar of all regularly scheduled Executive Board meetings the next calendar year in December of the preceding year to the Human Resources & Risk "Management Administrator. Section E. Changes to existing position classifications and position descriptions shall be forwarded to the Union president and secretary ten (10) working days prior to the next regularly scheduled Executive Board meeting. The Union shall respond to the changes, in writing within five (5) working days of the meeting, unless an extension is mutually agreed upon. Section F. An employee may request a position review for proper classification placement when the employee believes that there has been significant change in duties and responsibilities of the position. The request for review shall first go to the employee's supervisor, the Division and the Department for review and comment. The Department shall forward the request to the Human Resources Department within 30 days of the initial request. If the Department does not forward the request within 30 days, the employee may submit the request directly to the Human Resources Department. The Human Resources Department will notify the employee within 14 working days of the disposition of the request. Request submitted by the August 1 deadline and subsequently approved shall be included in the following year's budget. Those approved by the City Council shall have an effective date of January 1 of that budget year. Any delays in implementation shall not affect the implementation date and all pay shall be retroactive to the appropriate implementation date. ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION action A. The Employer agrees to deduct from the paycheck of each employee, who has so Nose authorized it, the regular monthly dues uniformly required of members of the Union. The amounts deducted shall be transmitted monthly to the Union on behalf of the employees involved. Authorization by the employee shall be on a form approved by the parties hereto and may be revoked by the employee upon request. Section B. The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suit instituted against the Employer on account of any actions by the Employer in administering recognition, union membership and dues deduction. Section C. The Union agrees to refund to the Employer any amounts paid to it in error on account of the checkoff provision upon presentation of proper evidence thereof. Section D. The Employer will furnish to the Local Union Treasurer the names of all new employees in the bargaining unit as specified in Article 1, Section A, within five (5) working days of hire. The Union will provide the Employer with notification of satisfaction of the affiliation provisions as described in Article 1, Section A, of this Agreement. Section E. The Union agrees to furnish the Employer with a list of Union Officers and Shop Stewards and to maintain such list in a current status. 5 Local 2170 Contract 2009 ARTICLE 3 - HOURS OF WORK Section A. Work Week The work week shall consist of seven (7) days beginning immediately after 12:00 midnight on Saturday and ending at 12:00 midnight the following Saturday. The regular work week shall consist of forty (40) hours, exclusive of lunch, within the work week. Exceptions to this shall be alternative work schedules, and work weeks which, when utilized, shall be reduced to writing and signed off by the Employer, employee and the Union. The City or the employee may discontinue alternative work schedules and work weeks in accordance with Article 3, Section C-3. Section B. Work Day A regular work day shall consist of not more than ten (10) hours, exclusive of lunch, unless otherwise provided for through an agreed upon alternative work schedule. Section C. Work Schedules 1. The normal work week shall be five (5) consecutive days of not more than eight (8) hours per day, Monday through Friday, exclusive of the lunch period, except where the work day or work week is different and accepted as a condition of employment or mutually agreed upon in writing between the Union, employee and the Employer. 2. Employees may work flex-time or alternative work schedules, with prior supervisory approval. Flexible work schedules shall be mutually agreed upon between the Employer and the employee. All flex-time and alternative work schedules shall be reduced to writing and signed off by the Employer, employee and the Union. Flex-time schedules, by example only, shall be schedules that provide for daily or weekly adjustable work hours. Alternative work schedules, by example only, shall be schedules that allow for schedules other than 5 consecutive days (Monday through Friday) of 8 hours work. 3. Work schedule changes may be initiated by the Employer or the employee. When schedule changes of thirty (30) days or more are initiated by the Employer, employees will receive written notice of the change thirty (30) calendar days prior to the effective date of the change. Except in emergency situations and situations that are unforeseen or unanticipated, employees will receive written notice a minimum of two working days before all other schedule changes initiated by the Employer. If written notice is not received as outlined herein the employee shall receive pay at one and one-half (1 1/2) times their normal hourly rate for the first shift worked on the new schedule. The City will not manipulate work schedules for the sole purpose of avoiding the payment of overtime. Work schedule changes initiated by the employee may take place immediately with the concurrence of the supervisor, provided that the change does not create an undue hardship in the department or disservice to the public. 4. Employees shall not work more than sixteen (16) consecutive hours during any consecutive twenty-four (24) hour period. 6 Local 2170 Contract 2009 Section D. Meal and Rest Periods Nii1. There shall be an unpaid meal period of not less than one-half (1/2) hour nor more than one (1) hour during the regular workday. If an employee is required to work two (2) or more hours beyond his or her regular work day the employee shall be entitled to an additional paid meal period of one-half (1/2) hour. For each additional four (4) hour overtime increment beyond the two (2) hours, the employee shall receive an additional meal period of one-half (1/2) hour. If the employer furnishes meals, the employee shall eat them on his or her own time. Whenever possible the meal period shall be scheduled near the middle of the workday. 2. Except in emergency situations, there shall be one fifteen (15) minute rest period during each half of the workday whenever feasible. Emergency situations are defined as situations where injury to persons, loss of life and/or serious public or private property damage are possible. Section E. Clean-Up Time Employees whose work requires personal clean-up prior to leaving the Employer's premises or job site shall be allowed necessary time for doing so prior to meal breaks, but not to exceed five (5) minutes, and the end of the shift, but not to exceed ten (10) minutes. Work schedules shall be arranged so employees may take advantage of this provision where it is applicable. ARTICLE 4 - OVERTIME action A. Overtime 1. The Employer shall determine when and by whom overtime will be worked. Whenever feasible, the Employer will request volunteers from among the employees with the requisite skills to perform the work, before requiring employees to work overtime. Overtime opportunities will be allocated as equally as possible among employees within a work unit. 2. Except as otherwise provided in this Article, all hours worked in excess of the employee's scheduled workday, when worked upon the direction or approval of the employee's supervisor, shall be paid at the rate of one and one-half (1 1/2) times the employee's straight-time hourly rate or compensated by granting one and one-half (1 1/2) times the number of excess hours worked as compensatory time. Overtime shall be based on compensated hours. The employee shall make his or her choice (overtime pay or compensatory time) known to his or her supervisor not later than the end of the work week in which the work was performed. 3. Compensatory time off, when granted, shall be at a time convenient to the employee and consistent with the operating needs of the Employer. Compensatory time off shall be taken under this Article as required by the Fair Labor Standards Act, if such continues to be applicable to local government employees. Compensatory time banks shall not exceed 80 hours. Each Department Administrator will determine the percentage of compensatory time cash out, if any, to be applied uniformly department-wide. This cash out shall be paid on the final paycheck of the year and communicated to the employees by November 15th 4. In computing overtime, the nearest one-quarter(1/4) hour shall be used. Local 2170 Contract 2009 5. Employees required to work on a sixth consecutive day shall be paid at the rate of time anc one-half (1 1/2). Employees required to work on a seventh consecutive day shall be paid at two (2) times their regular rate of pay. There is no eighth, ninth or tenth day. Holiday, vacation, sick leave and comp-time do not count as paid work when determining the seven consecutive days. The employee will receive compensation at the rate of one and one-half (1 '/2) for time worked on one day when he/she has worked six consecutive days. The employee will receive compensation at the rate of double time (2X) for time worked one day when he/she has worked seven consecutive days if the work is required. Section B. Call-back Pay Call-back shall be defined as all time worked in excess of a scheduled shift, which is not an extension of that shift, and is unanticipated, unforeseen, and not a regular function of the employee's work schedule. "Unanticipated, unforeseen" shall include, but not be limited to, work that is performed where the employee has been notified after the conclusion of their regular work day and the work is performed prior to the start of their next regular work day. Employees called back to work shall be paid a minimum of two hours at the rate of two times (2x) their regular rate of pay. Recreation staff involved in conducting scheduled recreation programs/events shall be excluded from this provision. Employees who must attend regularly scheduled meetings after their normal work hours shall be paid a one (1) hour minimum at the time and one-half(1 1A) rate. Section C. Extended Overtime Employees required to work four (4) or more hours beyond the end of their scheduled workshift shall be paid at two times (2x) their regular rate of pay for all time worked beyond the first four hours of overtime. Section D. Shift Differential A shift differential of $0.70 shall be paid for all hours worked by an employee when fifty percent (50%) of his or her regular workday is between 12:00 midnight and 8:00 a.m. When such shift is requested by the employee and approved by the Employer, this provision shall not apply. Section E. Standby The Employer reserves the right to establish a standby program. Based on service needs, each department may establish a roster of qualified personnel who would be available for callback during an emergency situation. Personnel identified as on standby shall be required to carry a pager device and be able to respond immediately to callback situations without restrictions or impairments. Employees on standby shall receive $2.00 per hour for hours spent in standby status. Standby allowance shall be suspended upon callback and the provisions of Section B of this Article shall prevail. Standby periods shall be determined by the Employer. Qualified personnel shall be determined by the Employer and assigned by seniority on a rotationavov basis. Every effort will be made to establish the roster on a volunteer basis. If insufficient volunteers exist, placement on the roster shall be mandatory. 8 Local 2170 Contract 2009 Section F. Uniform Allowance mployees in the Fire Inspector and Hazardous Material Specialist classifications shall receive a uniform allowance of$200 per annum. ARTICLE 5 - SICK LEAVE Section A. Accrual Sick leave is available for medical leave when an employee is absent as a result of personal illness or injury; for family leave to care for the employee's dependent, child, parent or spouse when medically necessary; or to provide medical care or supervision for the employee's child, under age 18, as provided by WAC 296-130, or any qualified FMLA covered reason. 1. Upon employment, new full time employees shall receive twenty-four(24) hours sick leave. At the end of the first three months of full time employment an additional twenty-four (24) hours sick leave shall be granted. At the completion of six full months of employment, employees shall accrue sick leave at the rate of eight (8) hours per month. Employees who resign or are terminated prior to completing six full months of employment shall reimburse the Employer for any used but unearned sick leave. 2. Sick leave shall be prorated based on the employee's regularly scheduled weekly hours of work, divided by 40. Employees shall be allowed to use sick leave in increments of fifteen (15) minutes. Section B. Sick Leave Cash Out Cash payment of accrued, unused sick leave shall be made upon a PERS I employee's resignation, retirement, discharge (unless discharge is a result of the employee's conviction of any criminal statutes relating to or connected with his/her employment), or death. Such payment shall be limited to 50% of accumulated but unused sick leave, to a maximum of 960 hours. In the event of death, payment shall be made to the estate of the employee. Employees hired on or after January 1, 1994, shall not be eligible for cashout of any accrued but unused sick leave. Section C. Long Term Disability Plan All employees will be enrolled in an Employer-sponsored long-term disability plan with a benefit equal to 60% of base salary after a maximum waiting period of 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. Section D. Notification Requirements '. Sick leave may be taken in lieu of vacation time whenever an employee is on vacation and becomes sick or hospitalized. A doctor's certificate of the illness must be furnished by the 9 Local 2170 Contract 2009 employee in a timely manner to substantiate such sickness or disability. This exchange wi" not alter the employee's scheduled vacation except by mutual agreement with the Employer. 2. The Employer may require a signed statement from the employee's doctor for absences of three (3) days or longer or if the City reasonably suspects sick leave abuse. 3. An employee who will be out on sick leave must notify his or her immediate supervisor or other designated person of the absence prior to the start of said leave, or as soon as possible. Section E. Abuse of Sick Leave Use of sick leave is restricted to the purposes set forth in Section A of this Article. Employees found to be abusing sick leave privileges shall be subject to disciplinary action, pursuant to Article 16, Section C. ARTICLE 6 - HOLIDAYS Employees shall receive holidays in accord with the following: Section A. The following days shall be observed as legal holidays: 1. January 1 (New Year's Day) 2. Third Monday in January (Martin Luther King, Jr. Day) 3. Last Monday in May (Memorial Day) 4. July 4 (Independence Day) 5. 1st Monday in September(Labor Day) Nsialso 6. November 11 (Veterans' Day) 7. 4th Thursday in November(Thanksgiving) 8. 4th Friday in November(day after Thanksgiving) 9. December 25 (Christmas Day) 10. The day before Christmas shall be a holiday for 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. 11. Two personal holidays of employee's choice. (To be eligible for a personal holiday, an employee must have been employed for at least six continuous months.) Personal holiday may be used in 15 minute increments. 12. Any other day proclaimed by the Governor for all political subdivisions of the State; or by the Mayor of the City. Section B. Employees scheduled to work on a holiday shall receive one and one-half (1 1/2) times their regular rate of pay for all hours worked on the holiday and, in lieu of the holiday the employee shall be permitted to schedule an additional day off (up to 8 hours) with prior approval from his or her supervisor or receive up to eight (8) hours holiday pay. The decision to grant holiday pay or a compensatory day off shall be determined in advance. Section C. Employees scheduled in advance to work on a holiday shall be scheduled for a minimum of four (4) hours. 10 Local 2170 Contract 2009 Section D. When a holiday falls on a Saturday, the preceding Friday shall be observed as the liday. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. or employees regularly scheduled Saturday and/or Sunday, holidays shall be observed on the actual holidays. Section E. All regular part-time employees subject to the provisions of this Agreement shall receive holiday leave at a pro-rated amount based on the number of hours scheduled in their work week divided by forty (40) hours. Section F. Holiday Leave Bank Employees working a schedule other than five (5) consecutive days of eight (8) hours each shall have any holiday (as defined in Section A) falling on a regularly scheduled day off, converted to Personal Holiday hours. These Personal Holiday hours shall then be available for use (or to be sold back to the City) just as normal Personal Holiday hours. Personal Holiday hours not used by the employee by the end of the year (November/December) may be sold back to the City at the employee's regular hourly rate. ARTICLE 7 - VACATIONS Section A. The following vacation benefits shall be provided: Length of Service Days/Year Accrual Hours/Year 0 through 5 years 12 96 Nikse 6 through 10 years 18 144 11 through 15 years 21 168 16 through 20 years 24 192 21 and subsequent years 27 216 Regular part-time employees subject to the provisions of this Agreement shall be provided vacation benefits at a pro-rated amount based on the number of hours scheduled in their workweek divided by forty (40) hours. Section B. Employees may use accrued vacation leave in increments of 15 minutes. The maximum accumulation of vacation time for an employee shall not exceed twice the current annual accrual limit as provided in above Section A. Section C. Requests for vacation leave are subject to supervisory approval. Except in emergency situations, requests for vacation leave shall be submitted in writing, at least the work day prior to the requested time off. Vacation requests shall be responded to within one week unless submitted less than two weeks in advance. For vacation requests submitted less than two weeks in advance, a response within one working day after receipt is required. slaw- 11 11 Local 2170 Contract 2009 ARTICLE 8 - BEREAVEMENT LEAVE Up to three days with pay shall be allowed employees covered hereunder for bereavement for each instance of a death of the employee's mother, father, legal guardian, spouse, child, mother-in-law, father-in-law, sister, brother, brother-in-law, sister-in-law, grandchild, or grandparents. The number of hours of bereavement leave allowed regular part-time employees covered by this Agreement shall be adjusted to reflect the number of scheduled hours in their workweek. All requests for extended bereavement leave shall be approved by the department head in advance. ARTICLE 9 - 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 goals in relationship to the Renton Employees' Healthcare Plan. Section A. Health Insurance 1. Medical coverage shall be provided in accord with the laws of the State of Washington, RCV 41.26.150. AFSCME Local 2170 agrees to continue participation in the REHBT and to identify ani support cost containment measures. 2. The City will provide a medical/dental insurance plan for bargaining unit members and their eligible dependents. The REHP includes medical, dental including orthodontia, prescription drugs and vision coverage. The REHP requires twenty-five dollar($25) co-pays for specified medical services, ten dollar/twenty dollar/forty dollar ($10/$20/$40) co-insurance for specified prescription drugs and other benefits as outlined in the REHP document. The City and Union agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of the AFSCME Local 2170, other participating unions and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Members of the REHBT are authorized to make changes in the REHP from time to time without further concurrence from their membership or the City Council during the term of this agreement. Each member union, (not bargaining unit), and the City shall have one vote when considering proposed changes to the REHP. Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote will result in no change in existing benefits. The City will provide a 100% City paid (except for the existing $46.00 per month employee contribution) self-funded plan through December 31, 2009. The City agrees to contribute 108% of the 2008 premium toward funding the 2009 program. Bargaining unit members who currently are covered by Group Health insurance may continue to be covered, however, City paid coverage will be limited to 108% of the previous year's premium as outlined above for the self-funded plan. New 12 Local 2170 Contract 2009 members or current members who change to Group Health will be required to pay the difference ,3tween the Group Health premium and the associated premium for similar coverage under the City's self-funded plan as well as the respective employee contribution. The City and the Union recognize the program costs may exceed an 8.0% annual increase during the term of this agreement. If so, the REHBT will meet and decide what action, if any, is necessary to address program costs. If costs exceed 8.0% and the REHBT cannot agree on program changes to reduce the increase to at least 8.0%, then the Union and the City will each pay fifty percent (50%) of the premium increase above 8.0%. RENTON EMPLOYEES' HEALTH PLAN BOARD OF TRUSTEES — Includes members of 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. 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. PREMIUM — The self-funded plan is fully paid (including employee contribution of $46.00 per month) in 2009. Increase by up to 8.0% in 2009. Example — Premium equals $100 ($96 from the City and $4 from the employee) in 2008. City would pay up to $108 in 2009. If there is no increase, or less than a 8.0% increase in premium in 2009, the premium for 2009 would still be calculated as if there was a 8.0% increase in 2009. PLAN CHANGES —The members of the REHBT shall have full authority to make plan design ranges without further concurrence from bargaining unit members and the City Council during the Me of this agreement. VOTING —A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. If no agreement can be reached on design changes and cost increases exceed the City's agreed contribution, then the additional cost will be split 50/50 by the City and the Members. Example — City takes first 8.0%; Cost increases 15.0%; City pays 50% of the additional 7.0% and members pay 50% of the additional 7.0%. SURPLUS — Any surpluses in the Medical Plan shall remain available only for use by the Renton Employees' Health Plan Board of Trustees for either improvements in the Plan, future costs increase offsets, rebates to participants, or reduction in employee contributions. Section B. Life Insurance: 1. Employer-paid term life insurance policy equal to employee's annual base salary plus longevity, to nearest $1,000, including double indemnity and limited to a maximum benefit of $50,000 is provided. 2. Each employee's spouse shall receive a $1,000 group term life insurance policy. 3. Each employee's dependent shall receive a $1,000 group term life insurance policy. rrr 13 Local 2170 Contract 2009 ARTICLE 10 - JURY DUTY When an employee is called for jury duty or is subpoenaed as a witness in any litigation/administrative hearing process in which the employee is not a party, such time shall be considered as time worked and paid at the appropriate salary level of the employee. Employees shall be required to give reasonable advance notice of such subpoena or other legal requirement to appear and provide the City with a copy of the subpoena or other legal document requiring the employee's presence. The copy of the subpoena or legal document will be given to the City in advance of the hearing or jury duty or if that is not possible, then the copy must be furnished within 72 hours after the hearing or jury duty date. All monies received as witness or jury fees must be signed over to the City excluding any mileage/expense reimbursements. Employees will be required to call their supervisor when less than a normal workday is required by jury or witness duty. The supervisor shall determine if the employee shall be required to report to work and shall take into consideration the travel time of the employee. ARTICLE 11 - EDUCATION AND CONFERENCE Section A. Employees will be granted reasonable amounts of time off and financial reimbursement for attending training programs whenever such training is work-related and attendance is required by the Employer. Section B. Employees who conduct authorized, official City business or participate in conference as official representatives of the Employer while outside the City shall be reimbursed for all valid business expenses. Section C. The Employer is committed to the principle of training for all employees. Whenever feasible, training shall be made available for each employee within a classification within a division to prepare them to perform all the job duties associated with that classification. Equal access to training opportunities to the extent that operational requirements permit shall be provided. ARTICLE 12 - SALARIES Section A. Effective January 1, 2009, salaries shall be increased by 5.5%. Section B. All anniversary step increases shall begin being paid upon the payday following the anniversary date and thereafter during the life of this Agreement. ARTICLE 13 - LONGEVITY Section A. Employees shall receive monthly longevity pay in accordance with the following scale: Years of Service 5 years 2.0% of the monthly Grade a13, step E 10 years 3.0% of the monthly Grade a13, step E 15 years 4.0% of the monthly Grade a13, step E 20 years 5.0% of the monthly Grade a13, step E 25 years 6.0% of the monthly Grade a13, step E 14 Local 2170 Contract 2009 gular part-time employees covered by this Agreement shall receive a pro-rated amount of this scale based on the number of hours scheduled in their workweek. Section B. Longevity allowances shall begin being paid from the beginning of the payperiod following the anniversary of the employee's original date of hire, unless an adjusted longevity date has been established due to periods of absence, wherein longevity accruals are suspended. ARTICLE 14 - DEFERRED COMPENSATION The Employer shall make a deposit equal to two percent (2%) of each eligible employee's base wage into a deferred compensation account selected by the employee from the accounts provided by the City, each pay period. ARTICLE 15 - PAY PERIOD 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 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. 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. ARTICLE 16 - MANAGEMENT RIGHTS Subject only to the limitations expressly stated in this Agreement, the Union recognizes the prerogative of the Employer to operate and manage its affairs in accord with its responsibilities, powers, and authority, including but not limited to the following: A. The right to establish reasonable work rules. B. The right to schedule overtime in a manner most advantageous to the Employer. C. The right to discipline and/or discharge employees for just cause. D. The right to determine work schedules, to establish the methods and processes by which work is to be performed. Further, it is understood by both parties that every incidental duty connected with operations enumerated in a job description is not always specifically described. ARTICLE 17 - UNION ACTIVITIES Section A. With prior notice, the Employer will grant employees who are Union officials reasonable time off with pay for the purpose of attending scheduled meetings with City officials. In addition, the Shop Steward or alternate Shop Steward and/or one Union official will be granted reasonable time off with pay by the immediate supervisor to investigate grievances. Notwithstanding the above, only two iployees per work section shall be released to attend Union meetings during the workday. some Section B. The designated Staff Representative of the Union shall be allowed access at all reasonable times to all facilities of the Employer wherein the employees covered under this contract may be working. Access shall be granted for the purpose of conducting necessary official local 15 Local 2170 Contract 2009 Union business and investigating grievances; provided there is minimal interruption to normal wore processes. Section C. The Employer shall permit the reasonable use of bulletin boards, e-mail, and interoffice mail by the Union for the posting of notices or communications relating to official Union business. Section D. Union officials may request reasonable time off with pay to attend training that is beneficial to both labor and management. Approval will be at the discretion of the employee's Department Administrator or designee for the scheduling of time, the appropriateness of the leave shall be at the discretion of the Human Resources Department. ARTICLE 18 - LABOR/MANAGEMENT COMMITTEE The Employer and the Union agree that a need exists for closer cooperation between labor and management, and that from time to time suggestions and complaints of a general nature affecting the Union and the Employer need consideration. To accomplish this end, the Employer and the Union agree that not more than three (3) authorized representatives of the Union shall function as one-half of a Labor/Management Committee; the other half being not more than three (3) representatives of the Employer named for that purpose. The parties agree to allow expanded participation in Labor/Management Committee discussions, when necessary, by mutual agreement. Said committee shall meet as requested by either party for the purpose of discussing and facilitating the resolution of all problems which may arise between the parties other than those for which another procedure is provided by law or by other provisions of this Agreement. It is understood and agreed that the purpose of this committee does not include the hearing of formal grievances brought under theme provisions of Article 23 of this Agreement. ARTICLE 19 - WORK STOPPAGES AND EMPLOYER PROTECTION Section A. The Employer and the Union agree that the public interest requires efficient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid or eliminate any conduct contrary to this objective during the term of this Agreement or any extension mutually agreed upon. Specifically, the Union shall not cause or condone any work stoppage including any strike, slowdown, non-bona fide sick leave absence, refusal to perform any customarily assigned duties, refusal to cross a picket line on City premises (unless same is sanctioned by the King County Labor Council), or other interference with City functions by employees under this Agreement. Any concerted action by any employee in any bargaining unit shall be deemed a work stoppage if any of the foregoing activities has occurred. Should any such activity occur, the Union agrees to take appropriate action immediately to end such interference. Section B. Upon notification in writing by the Employer to the Union that any of its members are engaged in a work stoppage, the Union immediately shall order, in writing, such members to cease engaging immediately in such work stoppage and shall provide the Employer with a copy of such order. In addition, a responsible official of the Union shall publicly order such Union employees to cease engaging in such a work stoppage. Section C. Regardless of any penalty to which the Union is subject under this section, any employe ,00 who commits any act prohibited in this section may be subject to the following penalties: 1. Oral reprimand 2. Written reprimand 16 Local 2170 Contract 2009 3. Suspension (notice to be given in writing) .„ 4. Discharge It is understood that these penalties are not necessarily sequential. Disciplinary action resulting from violation of this Article will be tailored to the nature and severity of the offense. ARTICLE 20 - NON-DISCRIMINATION The Employer and the Union agree that they shall not discriminate against any employee because of race, color, creed, gender, physical sensory, mental disability, sexual orientation, national origin, age, marital status, union affiliation, non-affiliation or union activities as sanctioned by this contract. ARTICLE 21 - EMPLOYMENT PRACTICES Section A. Seniority For the purposes of this Article, seniority shall be defined as an employee's length of continuous full- time service with the Employer. Continuous service shall be broken by separation from the Employer's service, except as provided for in Section F of this Article. Section B. Posting of Vacancies Whenever the Employer determines to fill a vacant bargaining unit position the Employer will ;tribute an announcement in advance giving notice of the vacancy to Union Stewards for posting on Me Union bulletin board for ten working days. Vacancies may be posted as promotional or competitive. Any City employee may apply for a vacant position. All bargaining unit employees who apply and meet the minimum qualifications shall be tested in accordance with existing testing processes. 1. Promotional vacancies are not open to outside applicants. 2. Competitive vacancies are open to City employees and outside applicants. Section C. Selection Process 1. Testing Procedure. The filling of vacancies will be done in an objective, fair and impartial manner. The Employer agrees not to pre-select employees. The Employer will determine the testing procedure which may include written, practical and oral examinations. Selection criteria will bear a direct relationship to job performance and constitute bona fide occupational qualifications necessary to properly and efficiently function in the position. All applicants will receive the same test and be informed of the passing point for the exam. 2. Process Review. In the event that a bargaining unit applicant is not selected, that employee may request, and shall be given, his or her broken down score and placement according to test results in writing. Section D. Eligibility Lists The names of candidates with passing scores shall be placed on a list in the rank order of their examination score. The appointing authority shall make a selection from among the top five 17 Local 2170 Contract 2009 candidates. In the event there are fewer than five and more than one candidates on th' eligibility list, the selection process shall be completed from the candidates. 2. If the same position or another in the same job classification with substantially similar duties should become vacant within six months of the date the eligibility list was established, selection of another appointee from the eligibility list may be made. 3. The Employer will notify the Union when an eligibility list expires or is retired. Section E. Promotional Opportunities Whenever a promotional opportunity within the bargaining unit is created through the conversion of an existing filled position to a new classification with higher duties, the Employer shall give employees within the same classification and section as the position to be re-structured an opportunity to bid for the promotion. The Employer will distribute an announcement giving notice of the promotional opportunity to the Union President and employees in the same classification and section as the position to be restructured. Eligible employees may bid for the position by submitting an Employment Application within the ten (10) day posting period. The Employer will award the promotion to the most qualified employee. This process does not apply to reclassifications which are the result of gradual changes to the duties of one or more positions over a period of time. Section F. Lay-Off and Recall The Employer shall retain the right to determine whether lay-offs are necessary and in which department(s)/division(s) and classification(s) they will occur. For the purpose of lay-offs, seniority, except in the initial lay-off situation, shall be defined as an employee's length of continuous service with the City in a regular, full-time or part-time position. Classification shall be defined as a job class with a distinct class title and a unique class number and payroll class code. No lay-off or reduction to a lower classification shall be executed so long as there are non-regular employees, whether full-time or part-time, serving within the affected classification in a specific department/division. In the event of a lay-off, for any reason, employees shall be laid off from their department or major division in the inverse order of their seniority in the classification in which the work force is being reduced. An employee who is laid off may exercise his/her seniority rights to replace another employee in th same or different department/division in an equal or lower classification series in which the employe llir works or has previously achieved regular employee status, provided such employee has greater seniority than the employee whom he/she seeks to replace, and provided the replacing employee is qualified to perform the work without further training. The requirement to have previously worked in a 18 Local 2170 Contract 2009 ^lassification shall not be required for employees bumping down to a lower compensated position thin a recognized series (i.e. Maintenance Service Worker, Fire Inspector). The names of employees who are laid off shall be placed on a reemployment list for a period of two (2) years. Whenever there is a recall during the life of the reemployment list, employees who are still on the reemployment list shall be recalled in the inverse order of their lay-off, to the classification from which they were laid off or to a lower classification in which they previously achieved regular employee status with the City, provided they are qualified at that time to perform the work in the classification to which they are recalled without further training. If an employee is recalled or bumps to a position in a lower rated classification, he/she shall have the right to return to the classification held prior to being laid off in the event a position in that classification subsequently becomes available, provided he/she is qualified at that time to perform the work without further training. Returning to an original classification shall be done in inverse order of layoff, in connection with the recall rights established in this Article. The Employer shall not hire new employees in classifications represented by the Union as long as there are still employees on the reemployment list who are qualified at the time a position becomes available to perform the work of the position and are willing to be recalled to said classification. Employees who are eligible for recall shall be given ten (10) working days' notice of recall. Recall notice shall be sent by registered mail with return receipt requested. A copy of the notice shall be sent to the Union. he employee must notify the affected department head within five (5) working days of receipt of the recall notice of his/her intention to accept the position offered. It is the employee's responsibility to notify the City Human Resources & Risk Management Department of change of address and telephone number. An employee who refuses to accept a recall or who accepts a recall but fails to appear without notice approved by the City at the date and time agreed upon shall be removed from the reemployment list and shall forfeit all future rights of recall. An employee who has been laid off shall retain seniority as of the date of lay-off and shall begin accumulating additional seniority when called back to work, providing the elapsed time of lay-off does not exceed two years. Section G. Demotion The term "demotion" as used in this provision means the involuntary reassignment of an employee from a position in one job classification to a lower paying position in another job classification. In any case involving demotion, the employee shall have the right to due process. The Employer reserves the right to demote an employee when he/she is physically or mentally unable to perform the duties of his/her particular position. When the disability is overcome, the employee shall return to his/her original classification. 19 Local 2170 Contract 2009 ARTICLE 22 - PROBATIONARY PERIOD Section A. New employees shall serve a probationary period during their first twelve months of employment. During this time, they are considered "At Will" employees and serve at the pleasure of the Employer. Employees terminated during their first twelve months of employment shall not have recourse to the grievance procedure. Section B. Existing City employees who are promoted shall serve a six month probationary period. In the event a promoted employee fails to pass probation, the employee shall be eligible to return to his/her previous position, if it has not been filled. If the position has been filled, the individual will then be eligible for re-appointment under the provision of Article 21, Section F. Layoff & Recall. A probationary period will be required. ARTICLE 23 - GRIEVANCE PROCEDURE Section A. Grievance is hereby defined as the question or challenge raised by an employee or the Union as to the correct interpretation or application of this Agreement by the Employer. It is the purpose of this clause to provide the employees and the Union with an orderly and effective means of achieving consideration of any grievance, which may arise during the life of this Agreement. For this purpose, the following steps are agreed upon as the appropriate order of contact: Step 1. An employee and/or his/her Union representative must present a grievance within fifteer (15) working days of occurrence or when the Union or employee knew or should havbw known of the occurrence to the official of the Employer most immediately involved. If, however, the grievance concerns a payroll matter involving the computation of the employee's wages the grievance must be presented within thirty (30) calendar days of occurrence or when the Union or employee knew or should have known of the occurrence. The parties shall have five (5) working days to resolve the grievance. Step 2. If not resolved at Step 1, the employee (grievant) shall refer the matter in writing to the Union Grievance Committee for investigation and determination of whether the grievance shall be advanced. Advancement or settlement of a grievance beyond Step 1 of the Grievance Procedure shall be the sole authority of the Union Grievance Committee. The Grievance Committee shall be given reasonable time off with pay for this purpose. Step 3. The employee and/or Union representative shall present the grievance within 20 working days of the Step 1 response in writing to the head of the employee's department. The Department Administrator shall attempt to resolve the matter within 10 working days of the receipt of the written grievance. Step 4. If not resolved by the Department Administrator, the grievance shall be presented, in writing, together with all pertinent materials to the Mayor within ten (10) working days. The Mayor, or designated representative shall schedule a meeting with the Union for the purpose of hearing and reviewing the merits of the grievance. The Mayor, or designated representative, shall attempt to resolve the grievance within ten (10) working days o receipt of the material. 20 Local 2170 Contract 2009 Step 5. In the event that the grievance is not resolved by the Mayor, the matter may, within fifteen (15) working days after the Mayor's decision has been rendered, be referred by either party to the arbitration process. If the matter is not referred to arbitration within this period, it shall be considered resolved. If referred to arbitration: (1) the arbitrator's decision shall be final and binding, (2) the arbitrator shall be empowered to render a decision based on interpretation of the contract only and shall not add or delete from the provisions of this Agreement, (3) the arbitrator shall render a decision within thirty (30) days of hearing, (4) the arbitrator shall be selected by a joint request of a list of names (Washington and Oregon only) from the Federal Mediation and Conciliation Service (F.M.C.S.). Upon receipt, the parties shall eliminate names alternately until one name remains, (5) it is agreed that the costs shall be borne equally between the parties with the exception that if the matter is a question of procedural arbitrability, the losing party shall bear all expenses for the services of the arbitrator. Except as provided above, each party shall be responsible for paying their own costs and fees incurred in the matter. Section B. The following procedure shall be observed if the Employer files a grievance against the Union for an alleged violation of the contract: Step 1. The Mayor or his/her designated representative shall present the grievance in writing to the Union Staff Representative within 10 days of occurrence. The Union shall attempt to resolve the matter within thirty (30) days of receipt. Step 2. If the matter is not satisfactorily resolved at Step 1, the Employer may within fifteen (15) working days refer the matter to arbitration using the procedure outlined in Section A, Step 5. Section C. Written submissions shall include the specific article(s) of the contract, which were allegedly violated, the specific facts and the remedy sought. Grievances shall be properly filed and processed within the timetables outlined at each step. If these timetables are violated by the Union, the grievance shall be deemed waived. If violated by the Employer, the grievance shall be advanced to the next step. Through mutual agreement, the parties may put timelines on abeyance or extend them for a set period of time. ARTICLE 24 - HEALTH, SAFETY AND PRODUCTIVITY Section A. All work shall be done in a competent, productive and professional manner. Work shall also be done, in accord with State, Federal and City safety codes and with ordinances and rules relating to this subject. Section B. It shall not be considered a violation of this Agreement if any employee refuses to work with unsafe equipment, where adequate safeguards are not provided, or when the facilities and services are not being maintained in a reasonably sanitary condition. It shall be a requirement of the .mployee to immediately report all unsafe conditions in accordance with the procedures established the employee Safety Committee to his/her supervisor upon becoming aware of those conditions. In addition to the Departmental Representatives, Local 2170 shall have a designated member on the Safety Committee as appointed by the Local Executive Board. 21 Local 2170 Contract 2009 Section C. Where necessary, employees furnished rain gear by the Employer will be provided up t one (1) set of new rain gear annually, provided that new rain gear will not be issued until used ram gear is returned by the employee to the appropriate supervisor. Section D. The Employer shall provide custodial services to employee restrooms and lunchrooms to insure sanitary conditions. Section E. Regular employees in positions requiring Safety Shoes or Steel Toed Boots shall be entitled to $125 reimbursement annually for the purchase of shoes or boots. Reimbursement can be provided on a more frequent basis if deemed necessary by the immediate supervisor based upon the nature of the work assignment. ARTICLE 25 - SAVINGS CLAUSE If any Article of this Agreement or any addenda thereto 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 should not be affected thereby and the parties shall enter into immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such Article. ARTICLE 26 - ENTIRE AGREEMENT Section A. The Agreement expressed herein in writing constitutes the entire Agreement betwee' the parties is intended to replace the prior agreement and no oral statement shall add to d 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 and opportunity are set forth in this Agreement. Therefore, unless otherwise agreed, the Employer and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. Section C. All wages and/or benefits being received prior to this contract by members covered in this Agreement shall not be reduced except where specifically modified by this Agreement. ARTICLE 27 - PRIORITY OF FEDERAL, STATE AND CITY LAWS It is understood and agreed by and between the parties that in negotiations and collective bargaining and in the administration of all matters covered by this Agreement, the parties hereto and the City employees are governed by the provisions of applicable State laws, City Ordinances and Resolutions. If there is a conflict between any provision of this Agreement and State law, the latter shall prevail. Provided, however, the Employer agrees that no Ordinance or Resolution shall modify or change any article or section of this Agreement during the life of said Agreemen' 22 Local 2170 Contract 2009 ARTICLE 28 —VOLUNTEERS The City and Union agree that volunteer programs can be mutually beneficial to the City, employees and citizens of Renton. The parties recognize that volunteer programs provide a sense of community involvement and require a commitment of time and service on behalf of the volunteer. To that end, the City is committed to working in partnership with the Union to build successful volunteer programs. The use of volunteers will not supplant bargaining unit positions. No bargaining unit member shall be laid off as a result of volunteer programs. The City and the Union will meet in a labor-management forum and come to mutual agreement prior to implementing any new volunteer programs. ARTICLE 29 — DISCIPLINE The City shall not discipline or discharge an employee without just cause. Employees shall be given the opportunity to have a Union Representative present at meetings where disciplinary proceedings will take place. The city agrees with the principles of progressive discipline. Disciplinary action generally includes the ;g1lowing progressive steps: 1. Oral reprimand (which shall be reduced to writing although not placed in the employee's personnel file) 2. Written reprimand 3. Suspension 4. Discharge Disciplinary action will be tailored to the nature and severity of the offense. Management maintains the right to take disciplinary action, as they deem appropriate. ARTICLE 30 - LEAVE DONATION A Leave Donation Program has been established to assist employees faced with a serious medical illness or injury to themselves or an immediate family member. The Leave Donation Program allows employees to voluntarily transfer accrued vacation, compensatory time and personal holiday hours to another eligible employee within the Local #2170 bargaining unit who has exhausted all other paid leave due to a FML-eligible serious health condition. ELIGIBILITY Only probationary or regular status employees within the Local #2170 bargaining unit are eligible and may donate and receive leave. The Donated Leave Program is available to all eligible employees as defined above across all departments. *krurther eligibility requirements are as follows: 23 Local 2170 Contract 2009 Donating Employee - To qualify as a donating employee, an employee must be a probationary or regular-status employee working half-time or greater and have sufficient vacation, compensatory time or personal holiday accrued to cover donated time. Requesting Employee - The requesting employee must be on an approved leave under the Federal Family and Medical Leave Act. The employee must also demonstrate a need of at least 40 hours of donated leave. The period in which an employee may receive donated leave is the period of Family and Medical qualified leave which would otherwise be unpaid because leave balances have been reduced to zero. Employees may not receive workers compensation benefits prior to, or while, receiving donated leave. QUALIFYING EVENT To receive donated leave, an employee must apply for and receive approval for leave under the Family and Medical Leave Policy. Employees may request leave for a serious health condition affecting themselves, their spouse, parent, child, stepchild or some one with whom the employee has an "In Loco Parentis" relationship. Donated leave may not be used for parental leave following the birth or placement of a child for adoption or foster care. SERVICE ACCRUALS AND OTHER BENEFITS Donating employees may donate accrued vacation, compensatory time or personal holiday leave. Donated vacation, compensatory time or personal holiday leave will be converted on a straight hour- for-hour basis to the recipient employee's sick leave account. Donated hours can only be credited for subsequent use. Any hours donated after the payroll cut-off shall not be retroactively applied. The donated leave, when converted, will be treated and utilized as sick leave for all purposes. If the donated sick leave is unused when the employee returns to work, the recipient employee will retain any balance remaining (as regular sick leave). Employees, while using donated leave on an approved Family Medical Leave, will continue to be eligible for City-paid health benefits. PROCEDURES Requesting Employee: Any eligible employee may request a donation of hours by completing the Request to Receive Donated Leave form (see Appendix C). If such employee is not capable of making application on their own behalf, a personal representative may make written application for the employee. Consent shall be obtained from the employee before application is made on behalf of that employee or, in situations where this is not possible, the recipient's guardian. This form is obtained by contacting the Human Resources and Risk Management Department (HR & RM). Requests for leave donation must be submitted to the Human Resources and Risk Management Department, in conjunction with the Family and Medical Leave Act (FMLA) application when possible. 24 Local 2170 Contract 2009 'n order for the timely transfer of leave, forms must be submitted in the most immediate manner ssible. Donated leave may only apply to time that would otherwise be unpaid during an approved Family Medical Leave. The request for donated leave will be reviewed in a confidential and objective manner. All determinations made by HR & RM regarding qualification for donated leave are final. Each request shall provide the following information concerning the potential leave recipient: • Name, Employee Number, Department, Work Location, Work Phone, Supervisor's name, and Employment Status; • Certification from the attending physician or other applicable health care provider with respect to the qualifying condition submitted with the FML application; and • Any additional information that may be required to verify the information in the leave recipient's request. The recipient must have exhausted all accumulated leave including compensatory time; personal holiday, vacation, and sick leave prior to using any donated leave hours. If it can be shown by the requesting employee that during the anticipated period of disability all accrued leave will be exhausted, the request may be made prior to the actual disabling event. The recipient must not be eligible to receive workers' compensation benefits. The recipient employee may receive up to a maximum of 480 hours, or twelve-week full-time equivalent, donated leave. The maximum eligible "ours of donated leave will be reduced by the hours, which are paid by the employee's leave „,,;glances. The recipient may exercise their option under the program in any 12-month period. The City will determine eligibility under this provision by the use of the "rolling 12-month” basis, in which the 12- month period is measured backward from the date the Family Medical Leave request is effective. Donating Employee: Applicable paid leave may be donated within 14 calendar days from the date of the "Posted" notice of request for donations. Subsequent postings may be utilized for any additional needs. Hours are donated by completing the Request to Donate Leave form as shown in Appendix D, and must be submitted to HR & RM as indicated on the posted notice. Leave may be donated in increments of one hour. HUMAN RESOURCES & RISK MANAGEMENT RESPONSIBILITY Requests: Notification of determination of approval or denial will be made within seven calendar days of receipt of a request. The determination will be completed by HR & RM staff. the request is approved, the employee will be notified of the decision, the maximum amount of donated leave time the employee may receive, and the effective date. See Appendix F for an example. 25 Local 2170 Contract 2009 If the request is denied, the employee is notified of the decision by letter. See Appendix G for an example of this letter. Neal The request is filed in the employee's Family Medical Leave file with the final decision and all supporting documentation. Donations: HR & RM will generate the Request for Donation of Leave notice to be posted. See Appendix E for an example. DEPARTMENT RESPONSIBILITY Due to the emotional atmosphere and high sensitivity surrounding these employee health conditions and issues, it is extremely important to respect each employee's decision to donate or not donate. It is not acceptable or appropriate to pressure, intimidate otherwise attempt to convince any employee to take action in a donation issue that is not of the employee's own volition. Each department will be responsible for making sure that all requests get posted and/or distributed for all employees to see. Additionally, each department will have Request to Donate Leave forms available for those employees who wish to donate to the recipient. All such forms offering to donate leave shall immediately be submitted to HR & RM. PAYROLL RESPONSIBILITY err ` Payroll reduces the donor's vacation, compensatory time, and/or personal holiday balances according to the approved request forms submitted by the Department. Payroll will notify the donor of the transfer of leave. Payroll shall retain the Donation Request from each employee for an audit trail. Upon notification of the donation of hours, Payroll will credit the receiving employee's record with the authorized hours. The hours shall be credited as sick leave. A copy of the approved leave report shall be retained in the Payroll Department. 26 Local 2170 Contract 2009 ARTICLE 31 - DURATION This Agreement shall become effective January 1, 2009, and shall remain in full force and effect until and through December 31, 2009. Signed this day of , 2008 at Renton, Washington. LOCAL 2170, WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL CITY OF RENTON EMPLOYEES, AFL-CIO. Denis Law, Mayor Pat Miller, Local 2170 President Nancy Carlson, Human Resources & Risk Ethan Fineout, Staff Representative, Management Administrator Washington State Council of County and City Employees Negotiating Team: Negotiating Team: Michael R. Webby, Consultant Paul Baker, 1st Vice President Eileen Flott, Human Resources Manager Jayson Grant, Member Marty Wine, Assistant Chief Administrative Jennifer Jorgenson, Secretary Officer Robin Robertson, Risk Manager Timothy Lawless, Member Brian Sandler, Human Resources Analyst Mary Fullerton, Member Teresa Phelan, Member 27 Local 2170 Contract 2009 ATTEST: Bonnie I. Walton, City Clerk Approved as to Form: Lawrence J. Warren, City Attorney ,41110 28 Local 2170 Contract 2009 APPENDIX A _, CLASSIFICATIONS REPRESENTED BY LOCAL 2170 Accounting Assistant I Accounting Assistant II Accounting Assistant III Accounting Assistant IV Accounting Supervisor Administrative Secretary I Administrative Secretary II Airport Maintenance Worker Assistant Airport Manager Assistant Planner Associate Planner Building Inspector/Combination Building Inspector/Electrical Building Plan Reviewer Business Systems Analyst Capital Project Coordinator CDBG Specialist Civil Engineer I Civil Engineer II Civil Engineer III Code Compliance Inspector Construction Inspector II Custodial Services Supervisor Custodian Data Base Technician Desktop Publishing Operator Development Services Representative Economic Development Specialist Engineering Specialist I Engineering Specialist II Engineering Specialist III Facilities Coordinator cilities Supervisor Facilities Technician facilities Technician II Fire Inspector I Fire Inspector II Fire Inspector III Fire Inspector/Trainee Fire Plans Reviewer/Inspector I Fire Plans Reviewer/Inspector II Fire Plans Reviewer/Inspector III Fleet Management Technician Form/Graphic Technician Golf Course Maintenance Worker I Golf Course Maintenance Worker II Golf Course Maintenance Worker III Golf Course Operations Specialist Grounds Equipment Mechanic Hearing Examiner's Secretary Housing Repair Coordinator Housing Repair Technician HVAC Systems Technician Judicial Specialist Judicial Specialist/Trainer Lead Construction Inspector Lead Custodian Lead Golf Course Maintenance Worker Lead Judicial Specialist Lead Maintenance Services Worker Lead Office Assistant Lead Parks Maintenance Worker Lead Vehicle& Equipment Mechanic Librarian Library Assistant I Library Assistant II Library Supervisor Library Technical Assistant Lift Station Technician Maintenance Buyer Maintenance Custodian Maintenance Services Worker I Maintenance Services Worker II Maintenance Services Worker III Mapping Coordinator Mechanic's Assistant Multi Media Records Specialist Neighborhood Program Coordinator ''etwork Systems Specialist Network Systems Manager fice Assistant I Office Assistant II Office Assistant III Park Maintenance Supervisor Parks Maintenance Worker I Parks Maintenance Worker II Parks Maintenance Worker III Pavement Management Technician Permit Technician Planning Technician I 29 Local 2170 Contract 2009 Planning Technician II Print&Mail Supervisor Print&Mail Operator Pro Shop Assistant ,44,04 Probation Clerk Probation Officer Program Development Coordinator I Program Development Coordinator II Property Services Agent Purchasing Assistant Records Management Coordinator Records Management Specialist Recreation Program Coordinator Recreation Specialist I Recreation Specialist II Secretary I Secretary II Senior Network Systems Specialist Senior Planner Senior Systems Analyst Signal/Electronic Systems Assistant I Signal/Electronic Systems Assistant II Signal/Electronic Systems Technician I Signal/Electronic Systems Technician II Solid Waste Maintenance Worker Solid Waste Program Specialist Street Maintenance Services Supervisor Systems Analyst Services Desk Supervisor Traffic Maintenance Worker I Traffic Maintenance Worker II Traffic Sign & Paint Supervisor Transportation Planner Utility/GIS Engineer Vehicle &Equipment Mechanic I Waste Water Maintenance Services Supervisor Water Maintenance Services Supervisor Water Meter Reader Water Quality/Treatment Plant Operator Water Utility Maintenance Supervisor Water Utility Maintenance Technician Communications Specialist I Communication Specialist II Emergency Management Coordinator Energy Plans Reviewer/Permit Representative Fire District Liaison Lead Building Inspector Lead Code Compliance Inspector Lead Fire Inspector Lead Maintenance Custodian Lead Water Utility Pump Station Mechanic Neighborhood Program Assistant Payroll Analyst Principal Civil Engineer—Transportation Division Property Services Specialist Senior Economic Development Specialist Service Desk Technician Water Utility Instrument/SCADA Technician 111 30 Local 21701 .act 2009 APPENDIX B COLA Union 5.5% 12 Mos Annual 12 Mos Annual 12 Mos Annual 12 Mos Annual 12 Mos Annual Grade Status Position Title Step A Salary Step B Salary Step C Salary Step D Salary Step E Salary UNION-LOCAL 2170 (5.5%Increase for 2009) a34 6,725 80,700 7,061 84,732 7,416 88,992 7,786 93,432 8,176 98,112 a33 6,561 78,732 6,893 82,716 7,245 86,940 7,610 91,320 7,987 95,844 a32 Network Systems Manager 6,403 76,836 6,725 80,700 7,061 84,732 7,416 88,992 7,786 93,432 Principal Civil Engineer-Transportation Division Utility/GIS Engineer a31 6,242 74,904 6,561 78,732 6,893 82,716 7,245 86,940 7,610 91,320 a30 6,092 73,104 6,403 76,836 6,725 80,700 7,061 84,732 7,416 88,992 a29 Program Development Coordinator II 5,945 71,340 6,242 74,904 6,516 78,192 6,893 82,716 7,245 86,940 Mapping Coordinator a28 Civil Engineer III 5,799 69,588 6,092 73,104 6,403 76,836 6,725 80,700 7,061 84,732 a27 5,658 67,896 5,945 71,340 6,242 74,904 6,561 78,732 6,893 82,716 a26 5,519 66,228 5,799 69,588 6,092 73,104 6,403 76,836 6,725 80,700 a25 Capital Project Coordinator 5,385 64,620 5,658 67,896 5,945 71,340 6,242 74,904 6,561 78,732 Civil Engineer II Facilities Coordinator Neighborhood Program Coordinator Program Development Coordinator I Property Services Agent a24 Database Technician 5,253 63,036 5,519 66,228 5,799 69,588 6,092 73,104 6,403 76,836 Lead Building Inspector Lead Construction Inspector Lead Fire Inspector Senior Economic Development Specialist Senior Network Systems Specialist Senior Planner Senior Systems Analyst Transportation Planner a23 Assistant Airport Manager 5,127 61,524 5,385 64,620 5,658 67,896 5,945 71,340 6,242 74,904 Building Plan Reviewer Business Systems Analyst Engineering Specialist III Fire Plan Reviewer/Inspector III Pavement Management Technician Property Services Specialist Street Maintenance Services Supervisor Waste Water Maintenance Services Supervisor 31 Local 2170 Contract 2009 Grade Status Position Title 12 mo Annual 12 mos Annual 12 mos Annual 12 mos Annual 12 mos Annual Step A Salary Step B Salary Step C Salary Step D Salary Step E Salary a22 Lead Code Compliance Inspector 5,003 60,036 5,253 63,036 5,519 66,228 5,799 69,588 6,092 73,104 Librarian a21 Building Inspector-Electrical 4,879 58,548 5,127 61,524 5,385 64,620 5,658 67,896 5,945 71,340 Building Inspector/Combination Civil Engineer I Communication Specialist II Construction Inspector II Emergency Management Coordinator Facilities Supervisor Fire Inspector III Park Maintenance Supervisor Service Desk Supervisor Signal/Electronics Systems Technician II Systems Analyst Water Maintenance Services Supervisor Water Utility Maintenance Supervisor a20 Associate Planner 4,759 57,108 5,003 60,036 5,253 63,036 5,519 66,228 5,799 69,588 Economic Development Specialist Housing Repair Coordinator Network Systems Specialist a19 Accounting Supervisor 4,642 55,704 4,879 58,548 5,127 61,524 5,385 64,620 5,658 67,896 Code Compliance Inspector Energy Plans Examiner/Permit Representative Engineering Specialist II a19 Fire Inspector II 4,642 55,704 4,879 58,548 5,127 61,524 5,385 64,620 5,658 67,896 Fire Plan Reviewer/Inspector II HVAC Systems Technician Lead Vehicle&Equipment Mechanic Water Utility Instrumentation/SCADA Technician a18 CDBG Specialist 4,533 54,396 4,759 57,108 5,003 60,036 5,253 63,036 5,519 66,228 Development Services Representative Lead Water Utility Pump Station Mechanic Probation Officer Recreation Program Coordinator a17 Custodial Services Supervisor 4,419 53,028 4,642 55,704 4,879 58,548 5,127 61,524 5,385 64,620 Fire Inspector I Fire Plan Reviewer/Inspector I Library Supervisor Maintenance Buyer Service Desk Technician Signal/Electronic Systems Tech I Traffic Sign&Paint Supervisor Water Quality/Treatment Plant Operator (4" .- Local 2170 Cot .2009 Grade Status Position Title 12 mo Annual 12 mos Annual 12 mos Annual 12 mos Annual 12 mos Annual Step A Salary Step B Salary Step C Salary Step D Salary Step E Salary a16 Assistant Planner 4,315 51,780 4,533 54,396 4,759 57,108 5,003 60,036 5,253 63,036 Lead Golf Course Maintenance Worker Lead Maintenance Services Worker Lead Park Maintenance Worker Neighborhood Program Assistant a15 Facilities Technician II 4,204 50,448 4,419 53,028 4,642 55,704 4,879 58,548 5,127 61,524 Grounds Equipment Mechanic Lead Judicial Specialist Lift Station Technician Planning Technician II Vehicle&Equipment Mechanic I Water Utility Maintenance Technician a14 Recreation Specialist II 4,106 49,272 4,315 51,780 4,533 54,396 4,759 57,108 5,003 60,036 a13 Engineering Specialist I 4,004 48,048 4,204 50,448 4,419 53,028 4,642 55,704 4,879 58,548 Facilities Technician Print&Mail Supervisor Signal/Electronics System Assistant II Solid Waste Program Specialist _ a12 Communication Specialist I 3,909 46,908 4,106 49,272 4,315 51,780 4,533 54,396 4,759 57,108 Desktop Publishing Operator Fire Inspector Trainee Golf Course Maintenance Worker III Maintenance Services Worker III Multimedia/Records Specialist Parks Maintenance Worker III Traffic Maintenance Worker II all Administrative Secretary II 3,812 45,744 4,004 48,048 4,204 50,448 4,419 53,028 4,642 55,704 Airport Maintenance Worker Fleet Management Technician Lead Maintenance Custodian Payroll Analyst Records Management Coordinator Recreation Specialist I al0 Form/Graphic Technician 3,719 44,628 3,909 46,908 4,106 49,272 4,315 51,780 4,533 54,396 Judicial Specialist/Trainer Permit Technician Probation Clerk _ a09 Accounting Assistant IV 3,627 43,524 3,812 45,744 4,004 48,048 4,204 50,448 4,419 53,028 Administrative Secretary I Fire District Liaison Library Assistant II a09 Mechanic's Assistant 3,627 43,524 3,812 45,744 4,004 48,048 4,204 50,448 4,419 53,028 Planning Technician I Records Management Specialist Signal/Electronics Systems Assistant I 33 Local 2170 Contract 2009 Grade Status Position Title 12 mo Annual 12 mos Annual 12 mos Annual 12 mos Annual 12 mos Annual Step A Salary Step B Salary Step C Salary Step D Salary Step E Salary a08 Golf Course Maintenance Worker II 3,540 42,480 3,719 44,628 3,909 46,908 4,106 49,272 4,315 51,780 Golf Course Operations Specialist Housing Repair Technician Judicial Specialist Lead Office Assistant Maintenance Services Worker II Parks Maintenance Worker II Purchasing Assistant Traffic Maintenance Worker I a07 Accounting Assistant III 3,455 41,460 3,627 43,524 3,812 45,744 4,004 48,048 4,204 50,448 Hearing Examiner's Secretary Library Technical Assistant Maintenance Custodian Print&Mail Operator Secretary II Water Meter Reader a06 3,374 40,488 3,540 42,480 3,719 44,628 3,909 46,908 4,106 49,272 a05 Accounting Assistant II 3,289 39,468 3,455 41,460 3,627 43,524 3,812 45,744 4,004 48,048 Office Assistant III Secretary I a04 Golf Course Maintenance Worker I 3,211 38,532 3,374 40,488 3,540 42,480 3,719 44,628 3,909 46,908 Lead Custodian Maintenance Services Worker I Parks Maintenance Worker I Pro Shop Assistant Solid Waste Maintenance Worker a03 Accounting Assistant I 3,132 37,584 3,289 39,468 3,455 41,460 3,627 43,524 3,812 45,744 Library Assistant I Office Assistant II a02 3,060 36,720 3,211 38,532 3,374 40,488 3,540 42,480 3,719 44,628 a01 Custodian 2,981 35,772 3,132 37,584 3,289 39,468 3,455 41,460 3,627 43,524 Office Assistant I 147 LONGEVITY SCHEDULE LOCAL 2170 Completion of 5 Yrs 2%Step a13 E $98 per month Completion of 10 Yrs 3%Step a13 E $146 per month Completion of 15 Yrs 4%Step a13 E $195 per month Completion of 20 Yrs 5%Step a13 E $244 per month Completion of 25 Yrs 6%Step a13 E $293 per month The City contributes 2%of employee's base wage per year to a deferred compensation account. Local 2170 Contract 2009 APPENDIX C I REQUEST TO RECEIVE DONATED LEAVE THIS FORM MUST BE ATTACHED TO THE FAMILY AND MEDICAL LEAVE APPLICATION FORM Please Type or Print TO BE COMPLETED BY APPLICANT OR PERSONAL REPRESENTATIVE OF APPLICANT Name(Last, First, MI) Employee Number: Department Name: Work Location: Work Phone: Employee Status: p Full-Time p Part-Time Number of Hours Per Week: Leave Balances at End of Last Pay Period: Sick Comp Time Number of Hours of Leave without Pay Anticipated For This Medical Event: Vacation Personal Days Optional: Brief summary of any information to be released in general City announcement: 5 GNATu�RE'.OF RECEIVING'EMP 'O :, =.z. , ''v :: Mh F Signature Date IGN TuR 0 tRs A *Epittsgpr Ii1lvgoF RECE INo,. MPLOY E; Name- Please Print Relationship to Employee Signature Date :' ;:ON'ATURE`CW> E 001P*OY l 'S l ;.-,,:.M Name- Please Print Phone Number Signature Date err 35 • Local 2170 Contract 2009 "iC -.a.ta W, q� ti'... x,34. •+,d A'•:5;3v "ia�,- •;'li, i.3.,:. Ysi ,. • ..��� .y z�.,,w�y.6 ',2,z� Y,� � ;.o-, INITIALS OF PERSON EVENT DATE STATUS PROCESSING FML Request Received By HR Medical Documentation Received Request for Donated Leave Received by HR Accrued Leave Verified Date Paid Leave Exhausted End of FML Entitlement Disability and Workers' Comp. eligibility? Payroll Notified Notice Sent To Employee s, ${ ' ' i �:% D �, ,.Yw. v.= c:n� Y"�:, T Y�:;Z ss,..v- ,�•.•x j : Y�"cA ,�' ,.� .��1 � ;7��� '�, � ... �1 ..;k• Ya,`` ,L. .<'�:.�, �� >r,'.,, e.,""'¢,'�.,4 Vis;. This Request is: pprove Denied *Maximum Amount of Donated Leave Eligible for Transfer: Maximum Hours HR Approval: Date (Approved/Denied) Original-Employee,FML File cc: Payroll (If approved) 36 • Local 2170 Contract 2009 APPENDIX D REQUEST TO DONATE VACATION/PERSONAL HOLIDAY/COMP TIME I request that vacation/leave/personal holiday/compensatory time be transferred to (Receiving Employee's Name&Employee Number) I have sufficient leave in my account to cover this amount. I understand that my decision to transfer paid leave is irrevocable and that such leave may only be donated in increments of one hour. Please T se or Print `> c. ,. .. 1 Name (Last, First, MI): Employee Number: Department Name: Work Phone: I eave Balance(s) as of Amount of Total Hours d of Last Pay Period: to be Transferred: Vacation Hrs. Hrs. Personal Holiday Hrs. Comp Time Hrs. ibrsf..;*.... �b"•L���.a„v..�'�C..�„`• .t. _Y+'..im�t. ?. 33'r::�� .^z'.,,F �`'Y. 44.-*A Signature Date .s»v.. >ti��`*a'.^ 'r,_i e q}+q: t x.•,a:._.."S'�R y :..na .a;.^'.. ,%*zr w H;,m '� .� Leave Balance Verified and Requirements Met: Yes No Signature HR Date Amount of Leave to be Transferred: Nowe Signature P/R: Date: Original: Employee FML File cc: Payroll, Donating Employee Personnel File 37 Local 2170 Contract 2009 APPENDIX E Nis �;.y �s +k. • ic,, i4.. _-:-T,. .,Ir',4,,Nt'4. le 414:447,40,::,:::;$, sJII1iYPP!;;1, `u.c <. 'r`'3��'•'. e,4*,, i4q: i 4',Nerfli.:.. 1*4tt:):iDTWNUV.,!71.,..' 3.?. •:�''`a40-4"'''''''''''' �, e� TO: ALL LOCAL 2170 EMPLOYEES FROM: HUMAN RESOURCES DEPARTMENT DATE: (CURRENT DATE) Our fellow employee (NAME) is in need of your help. (NAME) has been approved for an extended leave under the City's Family and Medical Leave policy due to an illness of (self, spouse, child, or other family member). This situation has created a hardship because all paid leave (sick, vacation, personal holiday and compensatory time) has been exhausted. As a result, donated leave has been requested. If you would like to donate 1 or more leave hours, please contact Human Resources for a Request to Donate Leave form. Human Resources Department and Payroll will work together to coordinate the transfer of leave hours. All requests must be submitted within 14 calendar days from the date of this memo. Thank you for your consideration. lisioi cc: Employee FML File 38 Local 2170 Contract 2009 APPENDIX F TO: (EMPLOYEE) (DEPARTMENT FROM: Human Resources Department DATE: (CURRENT DATE) SUBJECT: REQUEST TO RECEIVE DONATED LEAVE We are pleased to inform you that your Request to Receive Donated Leave has been approved. We will post a request in all bargaining unit departments. The maximum amount of donated vgas"' leave you may receive is: You may begin using donated leave on: Human Resources will be responsible for receiving donation requests, verifying the amount of donation leave balances, and submitting requests to donate leave to Payroll for processing. cc: Employee FML File Payroll 39 A Local 2170 Contract 2009 ,411110 APPENDIX G TO: (EMPLOYEE) (DEPARTMENT) FROM: Human Resources Department DATE: (CURRENT DATE) SUBJECT: REQUEST TO RECEIVE DONATED LEAVE We regret to inform you that your request to receive donated leave has not been approved since it does not meet the eligibility requirements with respect to: Your illness or injury does not qualify under the Family Medical Leave Act. Your illness or injury is job-related and therefore you are eligible to receive Workers' Compensation. The length of anticipated absence from the job is less than 40 hour. which is less than the minimum amount of leave required by the Leave Donation Policy. Insufficient information from your doctor to make a determination a: to whether the illness/injury is seriously incapacitating. Other: ,,4110 cc: Employee FML File 40 CITY OF RENTON COUNCIL AGENDA BILL I AI#: '2 • 41.10, Submitting Data: For Agenda of: November 3, 2008 Dept/Div/Board.. HR & RM Dept. Staff Contact Nancy Carlson Agenda Status Consent X Subject: Public Hearing.. 2009 contracts for the Renton Firefighter and Battalion Correspondence.. Chief Local 864 bargaining units Ordinance Resolution Old Business Exhibits: New Business Renton 2009 Firefighter and Battalion Chief Local 864 Study Sessions contracts Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... See analysis below Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. ' SUMMARY OF ACTION: Nore Administration requests City Council authorization for the Mayor to sign one-year labor agreements for 2009 with the Renton Firefighter and Battalion Chief Local 864 Units. The projected fiscal impact for 2009 is approximately$928,421 for the Renton Firefighter and Battalion Chief Local 864. Resources have been included in the 2009 preliminary operating budget to fund the proposed agreements. The primary changes in the one-year agreements include a 5.5%COLA and an 8%increase to the medical premium. STAFF RECOMMENDATION: Approve the 2009 Renton Firefighter and Battalion Chief Local 864 contracts Rentonnet/agnbill/ bh AGREEMENT By and Between CITY OF RENTON and "' RENTON FIREFIGHTERS LOCAL 864 January 1, 2009—December 31, 2009 '4011.✓ Renton Firefighters Local 864 2009 TABLE OF CONTENTS Preamble 3 Article 1 Recognition and Bargaining Unit 3 Article 2 Union Membership & Dues Deduction 3 Article 3 Employment Practices 5 Article 4 Hours of Work 6 Article 5 Salaries 8 Article 6 Departmental Work Rules 8 Article 7 Sick Leave •9 Article 8 Holidays 15 Article 9 Educational Incentive &Promotional Qualifications 17 Article 10 Vacations 17 Article 11 Death in Family 19 Article 12 Longevity 19 Article 13 Pensions 20 Article 14 Insurance 20 Article 15 Deferred Compensation/Income Protection Plan 22 NIS Article 16 Management Rights 22 Article 17 Performance of Duty 24 Article 18 Definition of Duties 24 Article 19 Overtime 24 Article 20 Retention of Benefits 26 Article 21 Grievance Procedure 26 Article 22 New Positions 27 Article 23 Successors and Assigns 27 Article 24 Savings Clause 28 Article 25 Entire Agreement 28 Article 26 Duration of Agreement 29 Appendix A Salaries 31 Appendix B Longevity 32 Appendix C Vacation Pro-Ration Schedule 33 *4604 2 Renton Firefighters Local 864 2009 PREAMBLE *litiofits Agreement is entered into between the City of Renton, hereinafter referred to as the Employer, and the Renton Firefighters Local 864, hereinafter referred to as the Local, governing wages, hours, and working conditions. ARTICLE 1 -RECOGNITION AND BARGAINING UNIT Section A. The Employer recognizes the Local as the exclusive representative of all members of the Renton Fire & Emergency Services Department consistent with Department of Labor & Industries certification (Case No. 0-1013). Section B. The elected President, or any other members of the Local appointed by the President, shall be recognized by the Employer as an official of the Local empowered to act on behalf of the members of the unit for negotiating with the Employer. The number of official representatives shall be limited to three persons. e Union 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 Employer recognizes the Local's right to operate and manage its affairs in accord with its Constitution and By-Laws. The Local agrees and covenants to act strictly in conformity with its Constitution and By-Laws, with all State statutes, and with the terms set forth in this agreement. ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Section A. The Employer and the Local agree that all employees covered by the terms of this Agreement who are members of the Local on the execution date of the Agreement shall remain members and those who are not members on the execution date of this Agreement shall, on or before the thirtieth day following the execution date of this Agreement, become and remain members of the Local. It shall also be a condition of employment '1,at all employees covered by this Agreement and hired on or after its execution date shall, on the thirtieth day mellowing the beginning of such employment, become and remain members of the Local. PROVIDED: The right of non-association of members of the Renton Fire & Emergency Services Department based on bona fide 3 Renton Firefighters Local 864 2009 religious tenets or teachings of a church or religious body of which such public employee is a member shall be protected at all times, and such public employee shall pay such sum as is provided in RCW 41.56, "Chapter 59 Laws of 1973". Section B. The Employer will grant to employees who are Union representatives reasonable time off with pay for the purpose of attending scheduled sessions with City officials that concern Union business provided that normal flow at work is not interrupted. The Employer retains the right to restrict such release time when an emergency exists or such release would create a danger to public safety or result in the necessity to replace the officials requesting time off with personnel in compensated status. Section C. Upon written authorization by an employee and approval by a representative of the Local, the Employer agrees to deduct from the wages of each employee the sum certified as initiation fee and once each month Union dues and forward the sum to the Local's Secretary or Treasurer. If an employee does not have a check coming to him or the check is not large enough to satisfy the assessments, no deduction shall be made from the employee for that calendar month. The Union agrees to hold the Employer harmless from any claims filed by employees against the Employe, arising out of the Employer's activities to enforce the provisions of this article, except those caused by negligence by the Employer. Section D. Local 864 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. The City shall deposit such deduction biweekly into a trust fund established by the Association to pay health insurance premiums for eligible retirees and dependents as directed by the Union. Upon the exercise of this option, the Association agrees to allow the City to audit the books and records of the trust it establishes, at the City's request, and to indemnify, defend and hold the City harmless from any and all liability, claims, demands, suit or any loss or damage, or injury to persons of property arising from or related to the provisions of this paragraph, including income tax withholding liabilities or tax penalties. Section E. The employer will allow Local 864 the option to have funds deducted from their paychecks 12 time annually to allow for contribution to the IAFF Fire PAC program. The employer will cut a check once a month. 4 Renton Firefighters Local 864 2009 The check will be made out to the IAFF Fire Pac and Local 864 will be responsible for the delivery of the check to the IAFF. Nome ARTICLE 3 - EMPLOYMENT PRACTICES Section A. Personnel reductions, vacancies, and promotions shall be handled in accordance with existing Civil Service Rules and Regulations and state laws relating or pertaining thereto. Section B. Personnel Files. 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 Fire & Emergency Services Department. This provision shall not restrict such information from becoming subject to due process by any court or administrative tribunal. 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 all employees from viewing his/her original personnel file in its entirety upon request. The Employer and the iployee agree that nothing of a disciplinary nature shall be inserted into the personnel file without a copy first Now going to the employee. All disciplinary notices or memoranda shall be removed from the personnel files after Forty-eight (48) months. Personnel files shall be released to the Civil Service Commission for the purpose of promotional examinations and in the event of disciplinary hearings. Section C. It is agreed by the Employer and the Local that both parties are obligated to provide equality of opportunity, consideration, and treatment of all members employed by the Renton Fire & Emergency Services Department in all phases of the employment process. Therefore, both the Union and the Employer agree not to discriminate on the basis of Union activity, race, creed, sex, national origin, age, handicap (unless a bona fide occupational qualification exists), and religion. (Including those persons exercising their rights under Article 2, Section A.) Section D. An employee shall accrue seniority through continuous employment with the Renton Fire & Emergency Services Department including those members of the bargaining unit as a result of merger. The 'mployer shall establish a seniority list and shall update it at least once per calendar year. The seniority list '11031'fall be posted on the bulletin board with a copy sent to the Secretary of the Union. This list shall be established by classification. Layoffs will be based on seniority with the first layoff being the employee with the 5 Renton Firefighters Local 864 2009 least amount of time within the Renton Fire & Emergency Services Department. In the event of the abolishment of a position the employee(s) with the least amount of time in rank shall be laid off or dropped in rank. An employee will not be reduced in rank by more than one classification as a result of layoffs or staff reductions. l the event an employee is rehired the Chief will have the discretion to determine an adequate amount of training necessary to resume the duties of the position. If a layoff is necessary the employee will be placed on a rehire list that will last for (5) five years. In the event of rehire purposes the list will be used as the sole list and will be used until it has been depleted and or (5) years has expired. After six (6) months in a laid off status a physical examination is a prerequisite for reemployment. A reinstated employee shall serve a probationary period of one year if the employee has been laid off form two and one half years (2 '/2) or more. A rehired employee will assume rank and time in grade equal to their classification at the time of separation. ARTICLE 4 -HOURS OF WORK Section A. For the purpose of defining working hours, the department shall be divided into the following sections: Community Risk Reduction (formerly Prevention), Safety and Support Services (formerly both Administration and Training) and Response Operations (formerly Fire Suppression). Section B. The normal schedule for employees assigned to either Community Risk Reduction or Safety and Support Services sections shall be equivalent to 40 hours per week exclusive of lunch. Workdays shall commence at as early as 0600 or as late as 0900 hours, Monday through Friday, in any combination of the following mutually agreed schedules: (4)— 10 hour days per week, or (5)— 8 hour days per week, or (8)—9 hour days, (1) 8 hour day and every other Monday or Friday off in a pay period (a `9-80' schedule). Section C. The normal working schedule for the Fire Response Operations division shall be in twenty-four(24) hour shifts as follows: 1. Employees will work one twenty-four-(24) hour shift followed by forty-eight (48) hours off duty. The working shift will begin at 0800 hours, except for a Captain working as an Acting Battalion Chief/Safety Officer. Acting Battalion Chiefs/Safety Officers will start at 0730 hours. *4000 6 Renton Firefighters Local 864 2009 2. Employees will receive one "Kelly" shift every six (6)regularly scheduled shifts to reduce the normal workweek to 46.6 hours. Nome 3. A one-hour lunch break, and a one-hour dinner break, shall be included in the daily work schedule, in accordance with Fire & Emergency Services Department Rules and Standard Operating Procedures. 4. Rest breaks will be allowed in accordance with Fire & Emergency Services Department Rules and Standard Operating Procedures. Section D. Training and drill hours shall be from 0800 to 2200 hours Monday through Sunday. Night drills will be scheduled by management for the purpose of maintaining operational skills in the area of night fire response operations and interdepartmental cooperation. For purposes of this Section, training is defined to include those subjects and classifications of training as set forth in the International Fire Service Training Association Manual, Current Edition and the Joint 'prenticeship Training Council. Training does not include other forms of scheduled work such as Nose maintenance and repair of equipment and facilities, inspections, public instruction, and directly related activities unless the foregoing are being taught as part of a regularly scheduled classification of training. Section E. Employees may exchange shifts with prior approval of the company supervisor and in accord with Fire & Emergency Services Department Rules and Regulations. No shift exchange shall be made which will result in extra payroll cost to the Employer. All shift exchanges must be repaid within twelve (12) months of date of exchange. Section F. Standby Pay: Employees performing standby duty encompassing either "Safety officer" or Response Operations will be paid at a rate of Five (5) dollars an hour. Employees on the list will remain in a duty ready state and available to respond within one (1) hour for a response operations recall and 30 minutes for a Safety officer recall. Employees on the list will be paid for an entire 24 hour shift unless they are activated, at that time the employee will transfer to the appropriate pay rate of 1.5 times straight time pay. 7 Renton Firefighters Local 864 2009 ARTICLE 5 - SALARIES Section A. Salaries shall be paid in accord with Appendix A of this Agreement. "' Section B. Paydays shall be on the 10th and 25th of each month. Should the paydays fall on a Saturday or Sunday or holiday, paychecks shall be issued on the preceding working day. For the pay period, December 16 through December 31, pay will be received on January 10 the following year. The City retains the right to mandate electronic deposit of paychecks during the life of this agreement. ARTICLE 6 - DEPARTMENTAL WORK RULES Section A. Notification of Changes. Excluding emergency situations, the Employer agrees to notify the Local in advance of changes or hearings affecting working conditions of any employee covered by this Agreement, and conferences in good faith shall be held thereon before such changes are in effect. Section B. Uniform Allowance. Each employee shall receive a uniform allowance of 1.25% of top step of firefighter annual base pay. The Uniform allowance paycheck will be paid on a separate voucher on the Second Payday in February. The purpose of such allowance is to buy, maintain, and/or repair any equipment or clothing required by the Employer which is not furnished by the Employer. All employees covered shall have and maintain 3 house uniforms. The employee will also be required to maintain a pair of approved safety boots as stated in the SOP's. The replacement costs of these boots will be borne by the employee. The allowance is subject to a pro rata deduction from the employee's final paycheck in the event he/she does not serve the entire twelve months for which such payment was made, with the exception of an employee who retires or expires, in which event no deduction shall be made. In lieu of this allowance and at the employer's option, a quartermaster system may be instituted. Under this program the employer would purchase and maintain, including cleaning, any equipment or clothing required by the employer. Prior to implementation both parties shall agree as to what is required equipment and clothing. Periodic inspections may be conducted at the discretion of the Chief to monitor the appearance and serviceability of uniform clothing and equipment. It shall be the responsibility of the individual employee to replace any piece of clothing or equipment, which the Chief determines, is substandard. 140 8 Renton Firefighters Local 864 2009 The Employer shall furnish all protective clothing or protective devices required of the employees in the performance of their duties; such protective clothing and devices will remain the property of the Employer and stall be worn only in the performance of Renton Fire&Emergency Services Department duties. Section C. Working Out of Classification. A Firefighter or officer who assumes the duties of a higher classification as set forth in the Fire & Emergency Services Department Standard Operating Procedures shall be paid at the rate of the higher classification hour for hour. An officer from the Captain's rank or higher may be assigned to assume the role of Acting Deputy Fire Chief. The Acting Deputy Fire Chief will receive compensation as the Battalion Chief/Safety Officer's rate per the current bargaining agreement and maintain all benefits in such agreement including the eligibility to work overtime as outlined in Article 19. They will also receive the day shift differential pay for the period of the assignment. Members acting in this position will remain members of Local 864. Section D. Assignment outside Response Operations. Firefighters, Lieutenants and Captains assigned to day shift for 30 consecutive days or more (excluding light duty) shall receive an additional 5 percent (5%) of the ployee's base wage per pay period. All contract provisions relative to working out of classification or relative to holidays shall be applicable. Employees assigned to day positions will be assigned to that position for up to two (2) years. If that member is promoted outside of that position, the two (2) year commitment to the position from which they are promoted will be waived. ARTICLE 7 - SICK LEAVE Sick leave benefits are hereby fixed and established in the following manner: Section A. The employer agrees to allow each LEOFF I employee hired before October 1, 1977 sick leave benefits computed on the following basis: All LEOFF I members will accrue sick leave at a rate of- Twenty-four (24) hours per month up to a maximum balance of one hundred sixty-eight (168) hours and at a maximum accrual rate of 168 hours per year. 9 • Renton Firefighters Local 864 2009 Section B. In case of sickness or disability, the LEOFF I employee shall first use and exhaust any and all sic1 leave benefits accrued pursuant to Subsection A herein above prior to receiving any sick or disability benefits pursuant to RCW 41.26.150 and/or for RCW 41.26.120. Sick leave benefits shall not be accrued during any period while such employee is on "disability leave" or "disability retirement" under the provisions of the LEOFF System. However, if such employee is returned to full active duty with the Employer prior to the expiration of the six-month period and prior to any final disability retirement, then such leave credit shall accrue to his/her benefit during such temporary period of disability. Section C. The LEOFF II Employer agrees to allow each employee hired after October 1, 1977, sick leave benefits computed on the Following, basis: All LEOFF II members will accrue sick leave at a rate of- Twelve (12) hours per month up to a maximum accrual of one thousand, four hundred and forty hours (1,440). Sick leave benefits under this paragraph will begin accruing upon employment with the award of the thirty-six (36) hours of sick leave. Upon completion of the third month of employment, an additional thirty-six (36)hourNS of sick leave will accrue at the rate of twelve hours per month to a maximum of 1,440 hours. At no time shall the total sick leave accrued under this section and the supplemental sick leave benefits available under Section H exceed 1,440 hours. Cash payment for sick leave accrued under Section C of this Article will be made upon an employee's death, retirement or voluntary separation while in good standing at the rate of one-half(1/2) regular pay for each hour accrued. Employees hired on or after January 1, 1994, shall not be eligible for cash out of accrued sick leave. This provision does not apply to any injury leave benefits provided under Section D and supplemental sick leave benefits provided under Section H of this Article. Disability leave benefits shall be provided to LEOFF II employees in accordance with the laws of the State of Washington when it has been determined that the disability is duty-related. Section D. LEOFF II OJI Benefit. All LEOFF II personnel will receive up to six (6) consecutive calende months of full pay and benefits for L & I qualified duty-related disabilities. The maximum period of this benefit will not exceed six consecutive calendar months. 10 Renton Firefighters Local 864 2009 1. The coverage begins the first day or shift of time loss. 2. The individual with the disability will not be required to use any personal sick leave if the duration of the illness or injury is six consecutive calendar months or less. 3. No Vacation or Holiday leave can be used during the six consecutive calendar month period. 4. Any light duty performed during the period of disability will not extend the period of the six consecutive calendar months. 5. This benefit will conclude when any of the following conditions occur: a. The individual is cleared for return to full duty; b. The individual remains on disability and completes their six consecutive calendar months; or, c. During the six consecutive months, the Department of L & I declares the individual to be `fixed and stable' with a disability that permanently prevents a return to full duty. The intent of this agreement is to make an injured member financially `whole' for the duration of the benefits. The total compensation received by an injured member will not exceed their regular duty compensation. All benefits provided in accordance with the contract will continue to accrue while an individual is using the ;OFF II OJI benefit. Reimbursement Checks from the Third Party Administrator (TPA) sent to an individual must be submitted to the City of Renton within 30 days of receipt by the member. The member must endorse the check to the City of Renton. The intent of the six months of coverage is to make the individual financially `whole'. The total compensation received by the member will not exceed their regular duty compensation. Members will be reimbursed for all approved L & I travel expenses. Crediting of TPA Wage Reimbursement checks once the initial six consecutive calendar months of full coverage by the City has been completed: 1. The individual must submit their reimbursement check to the City of Renton as identified above. 2. In turn, the City will credit the member's sick leave account. The amount of sick leave credit will be determined by dividing the check's value by the member's regular hourly rate lik"'' (including premiums). The number of hours (and any fraction thereof) will be added to the balance of the member's sick leave account. 11 Renton Firefighters Local 864 2009 3. This process will continue until the individual exhausts their personal sick leave. If an employee terminates employment with the Employer for reasons other than disability, lay-off or retirement, the value of any injury leave used from this bank but not accrued shall be pai back to the Employer through payroll deduction. Section E. Accrued sick leave may be used to care for a child under eighteen years of age with a health condition that requires treatment or supervision, including preventative health care, as specified in WAC 296- 130-010 through 296-130-500. For the purposes of this section, child is defined as the natural or adopted child of the employee, the natural or adopted child of the employee's spouse or a child under the employee's legal guardianship, legal custody, or foster care. Available sick leave may be granted upon permission from the Chief of the Department or, in his/her absence, the senior officer in charge in the case of sudden family emergencies other than the care of a child under eighteen years of age with a health condition that requires treatment or supervision. Section F. This section applies to any LEOFF I or LEOFF II employee who accrues sick leave benefits under Section A and C of this article. The Sick Bonus is granted based on the amount of sick leave used (excludin FMLA illness/injury or OJI) in the previous calendar year as described in the table below. The amount of Sick Bonus hours issued will be based on whether the individual is assigned to shift or days in February of the current year. As noted, day staff usage and payment will be calculated at the conversion rate of.858 rounded to the nearest whole hour for all hours in this section. Payment will be issued on a separate voucher on the second payday in February. Shift Sick Leave 0 >0 to 24 >24 to 48 >48 Hours Used Converted hours 0 >0 to 21 >21 to 41 >41 used on days Shift Bonus= 24 hrs Double time Time and one half Straight time No bonus Day Bonus = 21 hrs Double Time Time and one half Straight time No bonus 12 Renton Firefighters Local 864 2009 Section G. During the term of this Agreement, Response Operations personnel hired after October 1, 1977 (LEOFF II) may, in case of personal illness or off duty disability, be granted supplemental sick leave upon mission from the Chief of the Department after any and all sick leave accrued pursuant to Section C of this Article has been exhausted. Supplemental sick leave benefits shall be computed at the rate of twelve (12) hours per month for each full month of employment from January 1, 1994. At no time shall the total sick leave accrued under section C of this Article and the supplemental sick leave benefits available under this section exceed 1,440 hours. Section H. All LEOFF II employees having an extended injury or illness are eligible for up to 12 months of light duty. Section I. The sick leave conversion factor of(40/46.6 = .858) will be used when converting from a 24 hr shift to day shift or from a day shift to 24 hr shift. To convert from a 24hr shift to day shift take the 24hr shift hours x.858 = new day shift hours. To convert from day shift to 24hr shift hours take the day shift hours/.858 = new 24 hr shift hours. Rounded to the nearest whole hour. All local 864 members will be allocated sick leave hours to their payroll sick leave account based upon their shift/day shift assignment. In the case that an employee is dived mid year conversion will take place if necessary. Please use the following chart to determine sick leave usage per day when an individual is temporarily assigned to days (such as light duty) Sick Leave Hours Taken Conversion Factor Converted Time Used Rounded Leave Used 1.0 .858 1.165501166 1.25 1.25 .858 1.456876457 1.5 1.5 .858 1.748251748 1.75 1.75 .858 2.03962704 2.0 2.0 .858 2.331002331 2.25 2.25 .858 2.622377622 2.5 2.5 .858 2.913752914 3.0 75 .858 3.205128205 3.25 err 13 Renton Firefighters Local 864 2009 Sick Leave Hours Taken Conversion Factor Converted Leave Time Rounded Leave Time per Day Used Used Per Day 3 .858 3.496503497 3.5 3.25 .858 3.787878788 3.75 3.5 .858 4.079254079 4.00 3.75 0.858 4.370629371 4.25 4.00 0.858 4.662004662 4.75 4.25 0.858 4.953379953 5.0 4.50 0.858 5.244755245 5.25 4.75 0.858 5.536130536 5.5 5.00 0.858 5.827505828 5.75 5.25 0.858 6.118881119 6.00 5.50 0.858 6.41025641 6.50 5.75 0.858 6.701631702 6.75 6.0 0.858 6.993006993 7.00 6.25 0.858 7.284382284 7.25 6.5 0.858 7.5757576 7.5 6.75 0.858 7.867132 7.75 7.00 0.858 8.158508 8.25 7.25 0.858 8.44988 8.5 7.5 0.858 8.74125 8.75 7.75 0.858 9.03263 9.00 8.00 0.858 9.324009 9.25 8.25 0.858 9.615384 9.5 8.50 0.858 9.906759 10.0 8.75 0.858 10.1981 10.25 9.00 0.858 10.48951 10.5 9.25 0.858 10.78088 10.75 9.5 0.858 11.07226 11.0 9.75 0.858 11.36363 11.25 `sisS 10.0 0.858 11.65501 11.75 14 Renton Firefighters Local 864 2009 ARTICLE 8- HOLIDAYS e following are recognized as legal holidays and shall be taken by all personnel working a 40-hour work week: 1. The first day of January, commonly called New Year's Day. 2. The last Monday in May, commonly known as Memorial Day. 3. The fourth day of July, being the anniversary of the Declaration of Independence. 4. The first Monday in September, to be known as Labor Day. 5. November 11 (Veteran's Day). 6. The fourth Thursday of November, to be known as Thanksgiving Day. 7. The fourth Friday of November, the day after Thanksgiving Day. 8. The twenty-fifth day of December, commonly called Christmas Day. 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. 10. Three floating Holidays of the employee's choice. 11. Any other day designated by public proclamation of the Chief Executive of the State as a legal holiday. All personnel working 24-hour shifts shall receive five (5) shifts off in lieu of the above holidays. The employee may at his/her option, sell back from zero (0) to five (5) shifts of holiday time at the straight time rate. Payment for Holidays sold back to the City shall be paid by the end of February of each year. The Holiday sellback check will be issued on a separate voucher. 15 Renton Firefighters Local 864 2009 Scheduling of holiday time off will be done in a manner to prevent the necessity of overtime payment by the Employer and in accord with Fire & Emergency Services Department Rules and Standard Operating Procedures. Those employees required to work Thanksgiving or Christmas Day shall receive compensation at the double- time rate for the hours worked during those holidays. The holiday conversion factor of(40/46.6 = .858) will be used when converting from a 24 hr shift to day shift or from a day shift to 24 hr shift. To convert from a 24hr shift to day shift take the 24hr shift hours x.858 =new day shift hours. To convert from day shift to 24hr shift hours take the day shift hours/.858 =new 24 hr shift hours. Rounded to the nearest whole hour. All local 864 members will be allocated holiday hours to their payroll holiday account based upon their shift/day shift assignment. In the case that an employee is moved mid year conversion will take place if necessary. Use the following chart to determine the Holiday or Vacation leave usage per day when an individual is temporarily assigned to days (such as Light Duty). Leave Hours Taken Conversion Factor Converted Leave Time Rounded Time Used 1 0.858 1.1655 1 2 0.858 2.3310 2 3 0.858 3.4965 3 4 0.858 4.6620 5 5 0.858 5.8275 6 6 0.858 6.9930 7 7 0.858 8.1585 8 8 0.858 9.3240 9 9 0.858 10.4895 10 10 0.858 11.6550 12 44010 16 Renton Firefighters Local 864 2009 ARTICLE 9 - EDUCATIONAL INCENTIVE AND PROMOTIONAL QUALIFICATIONS Nriw Additional pay shall be awarded as an education incentive to members of the Department at the following scale and for the following achievements. The Chief shall insure all educational requirements are met through an accredited program. Payments will be rounded to the nearest whole dollar. Fire Science Certification - 2% of top step firefighter's salary. Fire Science Degree - 4% of top step firefighter's salary. Four Year Degree and Two Year Fire Science Degree - 6% of top step firefighter's salary Employees hired on or after January 1, 1997, are required to have a fire science certificate to qualify for the promotional examination for lieutenant; a two-year fire science degree to qualify for the promotional examination for captain and a four-year degree, in addition to a two-year fire science degree, to qualify for the promotional examination for battalion chief/safety officer. The Fire Chief may waive the promotional requirements if fewer than three employees qualify for an examination. 411410, ARTICLE 10 - VACATIONS Section A. The use of vacation is based on the calendar year and will be pro-rated based on the date of hire. During the first five years, and longevity breaks, the member will plot the number of full shifts accrued the prior year. The member can either be paid out at the straight time rate for the odd hours remaining, or borrow enough hours to provide a complete shift to plot. Twenty-four(24)-hour shift personnel will not carry over any vacation from year to year. Day staff personnel are allowed to carry over up to 2 years of vacation leave. At the discretion of the Chief, any member unable to use plotted vacation due to illness/injury, or recall to active military duty, may be paid at the straight time rate or be allowed to re-plot time off in the affected year. Personnel hired mid-year will use vacation on a pro-rated basis (See Appendix C Vacation Pro-ration Schedule). The following vacation benefit schedule shall be applicable to members hired January 1 of any year: 17 Renton Firefighters Local 864 2009 Calendar Year Hours/Shifts In Service used per year *4610 1st 0 2 72 hrs/3 shifts 3 96 hrs/4 shifts 4 120 hrs/5 shifts 5 144 hrs/6 shifts 6-10 yrs 216 hrs/ 9 shifts 11-15 yrs 264 hrs/ 11 shifts 16 — 20 yrs 312 hrs/ 13 shifts 21 + yrs 336 hrs/ 14 shifts Each year, in the month of September, Labor and Management will produce agreed upon vacation hours for all members. The hours will be entered by Finance into each member's vacation account to be used the following year. Section B. When a member is assigned to days, or moved back to 24-hour shift, the vacation conversion factor(40/46.6 = .858) will be used. When a member is temporarily assigned to days for longer than 1 pay period, due to illness, injury, or temporary assignment, sick leave, holidays and vacation will be converted if necessary. Upon re-assignment to shift, the remaining hours will be converted back to shift. To convert from 24-hour shift to days: shift vacation allocation x .858 =day staff vacation hrs To convert from day staff to 24-hour shift: day staff vacation balance - .858 = shift vacation hrs All members will be allocated hours to their payroll vacation account based upon their 24-hour shift/day staff assignment. In cases of mid-year assignment changes, the unused portion of vacation will be converted. At the discretion of the Chief, when a day staff member is assigned mid-year to 24-hour shift, the converted vacation *400 hours will be plotted in the affected year, or paid at the straight time rate. 18 Renton Firefighters Local 864 2009 Vacation will be taken at the employee's request and will be granted in accordance with Department SOP and the approval of the section Deputy Chief. Section C. Scheduling of vacation time shall be done in a manner to prevent the necessity of overtime payment by the Employer and in accord with Fire & Emergency Services Department Rules and Standard Operating Procedures. When staffing levels permit, a certain number of available staff shall be permitted to schedule time off, including any holidays, "Kelly" days and bonus sick days that may have accrued. ARTICLE 11 -DEATH IN FAMILY Time off with pay for up to 1 shift or day shall be allowed employees covered hereunder for the purpose of attending a funeral of the employee's mother, father, brother, sister, spouse, child, mother-in-law, father-in-law, grandchild, or grandparents. When special conditions exist, up to three shifts of sick leave may be granted, upon proper request, for the purpose of attending a funeral as described above. All requests for extended funeral leave shall be approved by the Fire Chief. Members of the Bargaining Unit shall be permitted to attend funeral services on duty for family members of Local 864 employees. Employees scheduled to work the day of a funeral shall be able to attend the service within their response area and will respond to calls for service as requested. The City and the Union also agree that daily work schedules will be completed as if no interruption in work resulted from attending a funeral service and would result in no overtime cost to the City. ARTICLE 12 -LONGEVITY Section A. The schedule of payment for longevity appears as Appendix B of this Agreement. Section B. Longevity allowances shall be payable on the first payday following the anniversary of the employee. 19 Renton Firefighters Local 864 2009 ARTICLE 13 - PENSIONS Pensions for employees and contributions to pension funds will be governed by the Washington State Statute ir'1' existence at the time. ARTICLE 14 - INSURANCE 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 goals in relationship to the Renton Employees' Healthcare Plan. Section A. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150. Renton Firefighters Local 864 agrees to continue participation in the REHBT and to identify and support cost containment measures. Section B. The City will provide a medical/dental, vision, and prescription drug insurance plan for bargaining unit members and their eligible dependents. The City and union agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of the Firefighter Union Local 864, other participating unions and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Members of the REHBT are authorized to make changes in the REHP from time to time without further concurrence from their membership or the City Council during the term of this agreement. Each member union, (not bargaining unit), and the City shall have one vote when considering proposed changes to the REHP. Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote will result in no change in existing benefits. Effective 01/01/2009 the City agrees to increase its share of the 2009 premium by 8 percent above the 2001 level. Any premium increase above 8 percent will be addressed by the REHBT through program redesign or a 50/50 split of the additional costs necessary to fund the REHP through 2009. Should premiums necessary to 20 Renton Firefighters Local 864 2009 fund the projected REHP costs for 2009 increase less than 8 percent, the REHBT shall have the option to distribute the funds as they see fit proportionately to their constituents. Irase RENTON EMPLOYEES' HEALTH PLAN BOARD OF TRUSTEES—Includes members of 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. 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. 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. VOTING—A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. If no agreement can be reached on design changes and cost increases exceed the City's agreed contribution, then the additional cost will be split 50/50 by the City and the Members. Example— `.y takes first 8.0%; Cost increases 16.0%; City pays 50% of the additional 8.0% and members pay 50% of the lure additional 8.0%. Section C. The Employer shall furnish to the employee a group term life insurance policy in the amount of the employee's annual salary rounded to the 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 D. When a LEOFF II 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 following the date the condition is declared fixed and stable. Section E. Health and Wellness program. The employer agrees to pay $10.00 per month per employee to -omote health and wellness within the Renton Fire & Emergency Services Department. The employees agree pay $5.00 per month per employee to promote health and wellness within the Renton Fire & Emergency Services Department. This amount will be deducted from the employee's paycheck on the 10th of each month. 21 Renton Firefighters Local 864 2009 The funds will be placed in a separate account and carried over each year. These funds shall be used in accordance with Renton Fire & Emergency Services Department Policies. Nad ARTICLE 15 -DEFERRED COMPENSATION/INCOME PROTECTION PLAN Section A. The Employer agrees to contribute (3.5%) of the employee's base wage per annum to a deferred compensation or an income protection plan. This contribution shall expire December 31, 2009. Section B. The City agrees to contribute 2.5% to the deferred compensation plan in exchange for voluntary participation, and successful completion of the fire fighter combat challenge. The test shall be given annually in the preceding year. Any employee who does not meet the standard has 1 additional opportunity to pass the test by the end of the preceding year. Any employee receiving deferred compensation who is unable to take the combat challenge due to disability or sick leave will continue to receive the deferred compensation. Once the employee returns to full duty they have 90 days to complete the combat challenge. •41104 ARTICLE 16- MANAGEMENT RIGHTS Section A. The Local recognizes the prerogatives of the Employer to operate and manage its affairs in all respects in accord with its responsibilities and powers of authority. Section B. The Employer has the right to schedule overtime work as required in a manner most advantageous to the department and consistent with requirements of municipal employment and public safety. Section C. It is understood by the parties that every incidental duty connected with fire service oriented operations enumerated in job descriptions is not always specifically described. Section D. The Employer reserves the right to discharge or discipline all employees for just cause. The Employer reserves the right to lay off personnel for lack of work or funds; or for the occurrence of conditior beyond the control of the department; or when such continuation of work would be wasteful and unproductive. 22 Renton Firefighters Local 864 2009 The Employer shall have the right to determine reasonable schedules of work and to establish the methods and nrocesses by which such work is performed in accord with Article 4 of this Agreement. Section E. No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City officials as defined in the following: 1. The Ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and City, passing upon Ordinances adopted by the City Council, recommending an annual budget, or directing the proper performance of all executive departments. 2. The responsibility of the City Council for the enactment of Ordinances, the appropriation of monies, and final determination of employee compensation. 3. The responsibility of the Civil Service Commission as provided by State statute for determining, among other things, classification, status, and tenure appointments in the fire service. 4. The responsibilities of the Fire Chief and his/her delegates as governed by City Ordinance and Civil Service Rules and Department Rules and as limited by the provisions of this Agreement. a. To recruit, assign, transfer, or promote members to positions within the Department. b. To suspend, demote, discharge, or take other disciplinary action against members for just cause. c. To relieve members from duties because of lack of work, lack of funds, or for disciplinary reasons. d. To determine methods, means, and personnel necessary for departmental operations. e. To control the departmental budget. 23 411111. Renton Firefighters Local 864 2009 f. To take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department. ,41000 Section F. Probationary fire fighters are considered"At will employees" their first year. ARTICLE 17- 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 nor shall he/she refuse to perform his/her assigned duties to the best of his/her ability. Section B. To the extent that any provision of this Agreement is in conflict with applicable existing Civil Service laws in effect on May of 1999,rules and regulations, the latter shall prevail. ARTICLE 18 -DEFINITION OF DUTIES There shall be no cross-training of personnel and duty assignments other than those directly related to Fire & Emergency Services Department activities and Fire Science subjects. ARTICLE 19 - OVERTIME In the event that a need for overtime should occur in the Fire & Emergency Services Department because of emergency, sickness, or other unforeseen conditions, the following procedures will be used by the Employer: Section A. Except as otherwise provided in this Article, employees as described in Section B, Article 4, Hours of Work, shall be paid at the rate of time and one-half for all hours worked in excess of eight (8) in one day, exclusive of lunch period, or in excess of forty-hours in one week. Section B. Employees described in Section C, Article 4, shall be paid at the rate of time and one-half the regular straight time salary when such overtime amounts to a full shift or when the overtime is a result of a vacancy created by illness or disability. Section C. The following callback or holdover provision shall apply: 24 Renton Firefighters Local 864 2009 1. All employees covered by the terms of this Agreement who are called back to work because of emergency or other unforeseen conditions shall be paid for two (2) hours minimum at a rate of time and one-half. 2. All employees covered by the terms of this Agreement who work an extension (hold-over) of their normal shift because of an emergency or other unforeseen conditions shall be paid at the rate of time and one-half for the hold-over time rounded to the nearest half-hour. Section D. The Employer agrees that scheduled overtime will be in accord with seniority within the rate of Firefighter, except when qualified personnel are necessary and then according to seniority of the qualified. Section E. Employees shall have the right to request compensatory time off at the same ratio as the overtime rate in lieu of cash payment for overtime; provided, however, that such requests for compensatory time off may be denied if the department head determines that the operational effectiveness of the department would be impaired by such action. Employees assigned to the Response Operations Division shall also have the ability to request compensatory time at the same ratio as the overtime rate in lieu of cash payment for overtime earned dile attending discretionary training programs up to a maximum of 48 hours. This compensatory time off may be granted by the department head or his/her designee on scheduled work days when staffing is above the established norm, when the operational effectiveness of the department would not be affected and the achievement of company, platoon or department training goals would not be impaired. Section F. The Local agrees to schedule and/or sell back to the Employer the equivalent of one hundred twenty (120) hours of overtime at the straight time rate per bargaining unit member beginning in 2009. The number of overtime shifts to be scheduled at straight time will be based on the number of bargaining unit positions budgeted for on January 1 of each year of the contract. This can be accomplished by either scheduling overtime at the straight time rate or holiday sellback. When scheduling overtime at the straight time rate, the additional shifts may be scheduled in twelve (12) hours minimum increments. The increments can be divided by two members to equal twelve hours in the event of the member working the STOT needs a standby. Scheduling of the additional shifts shall fall within the FLSA guidelines. This overtime provision shall expire on December 31, 2009. 25 Renton Firefighters Local 864 2009 Section G. Assignment outside Response Operations. In the event of overtime the member shall be paid at the rate of time and one half(1.5 times) or may take comp time (employee's choice). This will be considered for the following, in excess of lunch period or in excess of forty(40)hours in one week. When members are used as a backfill aid, engine or ladder company, lunch will be considered as on duty and the crew will be paid as such and, if necessary, work schedules will be modified. Fill-in assignments should not, under normal conditions, result in additional cost to the City except when the cost is associated with an on- going emergency. Members will be compensated at either time and one half(1.5 times) or comp time if they work in excess of their regularly assigned schedule due to being used as backfill. Employees assigned outside Response Operations will be eligible to work Response Operations overtime on their assigned days off; however they will not be eligible to work STOT if by working STOT shift would put them in excess of the forty(40)hours in a calendar week. ARTICLE 20 - RETENTION OF BENEFITS Privileges and working conditions which are generally PREVAILING but not specifically outlined in this Agreement shall, in the manner presently observed as department policy,be administered and abided by, by both parties to this Agreement unless changed or deleted by mutual consent. ARTICLE 21 - GRIEVANCE PROCEDURE Grievances or disputes, which may arise involving the interpretation of this Agreement, shall be settled in the following manner: Step 1: The Union Grievance Committee, upon receiving a written and signed petition within two (2) weeks of actual grievance, shall determine if a grievance exists. If in their opinion no grievance exists, the matter is closed. Step 2: If in the opinion of the Grievance Committee a grievance exists, the Committee shall within two weeks after receiving the grievance present the grievance in writing to the Chief of the Fire & Emergency Services Department for adjustment. 26 Renton Firefighters Local 864 2009 Step 3: If within ten (10) business days the grievance has not been settled, it then shall be submitted to the Mayor. Step 4: If within ten (10) business days the grievance has not been settled in Step 3, it shall then be submitted to arbitration for adjustment. The power and authority of the Arbitration Board shall be limited to the interpretation of the terms of this Agreement. The Board shall have no authority to add to, subtract from, or in any way modify the express terms of this Agreement. The Arbitration Board shall consist of a representative of the Employer, a representative of the Local, and a third member mutually agreed to by both the appointed members who will preside as Chairman. If the two cannot agree within seven (7) days on the selection of the Chairman, the matter then shall be submitted to the Federal Mediation and Conciliation Services for seven (7) names of Arbitrators who reside in the State of Washington. The Employer and the Local shall strike names alternately; the final remaining name shall be the neutral third party. Each party will pay for his/her own arbitrator and the expenses of the third will be shared equally between the parties. Meetings of the Arbitration Board shall be attended by all three members. decision of the majority of the Arbitration Board shall be final and binding on all parties as to the issues submitted to it for decision. ARTICLE 22 -NEW POSITIONS This Agreement shall be opened for the purpose of negotiating salaries for any new classifications for employees covered by this Agreement but not specified in the salary schedule. Such salaries shall become effective upon the agreement of the parties. Negotiations shall be subject to the time limits and procedures as outlined in the Grievance Procedure, Article 21. Nothing in this Article shall preclude the Employer from establishing such new positions or classifications. ARTICLE 23 - SUCCESSORS AND ASSIGNS Section A. This Agreement and any and all amendments and modifications hereafter entered into and executed and between the parties hereto shall be binding and inure to the benefit of the parties' respective successors id assigns and any other governmental entity succeeding to the City of Renton's obligations hereunder. 27 ter Renton Firefighters Local 864 2009 Section B. In case of any merger, consolidations, or contracting for Fire protection services by the Employer with any other governmental agency, either party shall have the right to reopen this Agreement for negotiation o any positions affected by the merger or consolidation. ARTICLE 24 - 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 immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such articles. _ The Employer and Local 864 reserve the right to address through reopening of the contract, any effects that the Fair Labor Standards Act may have on the Application of the provisions of the Labor Agreement. ARTICLE 25 - 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. No party shall change, modify, or amend any part of this Agreement without first negotiating and obtaining the mutual consent of the other party. 28 Renton Firefighters Local 864 2009 ARTICLE 26-DURATION OF AGREEMENT Narnis Agreement shall become effective January 1, 2009, and shall remain in full force and effect until December 31, 2009. Signed this day of , 2008 at Renton, Washington. CITY OF RENTON RENTON FIREFIGHTERS LOCAL 864 Denis Law, Mayor Craig Soucy, President I.David Daniels, Fire Chief Doug McDonald, Vice President Now Nancy Carlson, Human Resources &Risk Mark dos Remedios, Secretary Management Administrator Michael R. Webby, Consultant Kris Hanson, Trustee Eileen Flott, Human Resources Manager Robert Van Horne, Fire Deputy Chief Icinda Gibbon, Human Resources Analyst 29 Renton Firefighters Local 864 2009 ATTEST: Bonnie I. Walton, City Clerk APPROVED AS TO FORM: Lawrence J. Warren, City Attorney 30 Renton Firefighters Local 864 2009 APPENDIX A SALARIES Section A. The salary schedule reflects a 5.5% increase over 2008 salaries. Section B. Effective January 1, 2009, the salary schedule shall be as follows: A B C D Entry 12 mos. 24 mos. 36 mos.* Firefighter 4507 4605 4973 6046 (22.26) (22.74) (24.56) (29.86) Lieutenant 6953 (34.34) Captain 7857 (38.80) *The "D" reflects a 0.5% differential over the "C" step for those employees having a full defibrillation N,,,rtificate from King County Emergency Medical Services and at least 36 months of service, or are officers. Hourly rates are based on 2430 hours per year(202.5 hours per month). A percentage differential is established as follows: Between Firefighter and Lieutenant: 15% Between Lieutenant and Captain: 13% 31 Renton Firefighters Local 864 2009 APPENDIX B LONGEVITY voif Employees shall receive longevity pay according to the following scale: Completion of 5 years - 2% of top step firefighter salary Completion of 10 years - 4% of top step firefighter salary Completion of 15 years - 6% of top step firefighter salary Completion of 20 years - 10% of top step firefighter salary Completion of 25 years - 12% of top step firefighter salary Longevity payments shall be rounded to the nearest whole dollar. vioad 32 Renton Firefighters Local 864 2009 APPENDIX C VACATION PRO-RATION SCHEDULE Members hired mid-year will use vacation based on the following schedule: Calendar Yr Hrs/Shifts Pre-hire date Post-hire date in Service used per year accrual/pp accrual/pp 1 0 3 2 Prorate 3 4 3 Prorate 4 5 4 Prorate 5 6 5 Prorate 6 9 6 Prorate 9 9 7-9 216 hrs/9 shifts 9 9 10 216 hrs/9 shifts 9 11 11 Prorated 11 11 12-14 264 hrs/11 shifts 11 11 15 264 hrs/11 shifts 11 13 16 Prorated 13 13 17-19 312 hrs/l3 shifts 13 13 ''"'' 20 312 hrs/13 shifts 13 14 21 Prorated 14 14 21+ 336 hrs/ 14 shifts 14 14 Mid year hires - Start accruing 3 hours per pay period from the starting date. For the first 5 years, on the anniversary date, the accrual will be raised to the next level. Therefore, each of those years the number of shifts taken will be based on what had accrued the prior year. The member would plot full 24-hour shifts, and either be paid out at the straight time rate for the odd hours remaining, or borrow enough hours to provide a complete shift to plot. In earning the prior year what they use the following year, they would earn odd hours in the year of the 5th, 10th, 15th and 20th year anniversary, and use what they accrued the prior year. The odd hours would be affecting the vacation plotted the year following their anniversary. Mid year retirement/termination—based on the date of retirement/termination, the number of vacation hours unused for the current year, plus the number of hours accrued in the current year would be paid out to the employee. 33 a ` Nvid AGREEMENT By and Between CITY OF RENTON and RENTON FIREFIGHTERS LOCAL 864 BATTALION CHIEF/SAFETY OFFICER January 1, 2009 - December 31, 2009 Battalion Chiefs/Safety Officers' Contract 2009 Nome TABLE OF CONTENTS Preamble 3 Article 1 Recognition 3 Article 2 Union Membership 3 Article 3 Employment Practices 4 Article 4 Retention of Benefits 6 Article 5 Management Rights 6 Article 6 Performance of Duty 8 Article 7 Salaries 8 Article 8 Overtime 10 Article 9 Insurance 10 Article 10 Hours of Work 12 Article 11 Holidays 13 *142" Article 12 Vacations 15 Article 13 Sick Leave 17 Article 14 Funeral Leave 24 Article 15 Uniform Allowance 24 Article 16 Grievance Procedure 25 Article 17 Savings Clause 26 Article 18 Duration of Agreement 27 Appendix A Salaries 29 Appendix B Vacation Pro-Ration Schedule 30 2 Battalion Chiefs/Safety Officers' Contract 2009 PREAMBLE This Agreement is entered into between the City of Renton, hereinafter referred to as the Employer, and the Renton Battalion Chiefs/Safety Officers, hereinafter referred to as the Local, governing wages, hours, and working conditions. ARTICLE 1 - RECOGNITION The Employer recognizes the Local as the bargaining representative of all Battalion Chiefs/Safety Officers of the Renton Fire & Emergency Services Department consistent with Public Employment Relations Commission (PERC) certification (Case No. 10270- E-93-1698). Any members of the Local appointed by the President, shall be recognized by the Employer as an official of the Local empowered to act on behalf of the members of the unit for negotiating with the Employer. The number of official representatives shall be limited to three persons. ARTICLE 2 - UNION MEMBERSHIP Section A. All employees covered by the terms of this Agreement shall either become union members or pay a lawful service fee to the Local in lieu of union membership dues; PROVIDED: the right of non-association of Battalion Chiefs/Safety Officers based on bona fide religious tenets or teachings of a church or religious body of which such Battalion Chief/Safety Officer is a member shall be protected at all times, and such Battalion Chief/Safety Officer shall pay such sum as is provided in RCW 41.56.110 and 122. Employees shall comply with the provisions of this section within thirty (30) days of hire into a Battalion Chief/Safety Officer position. Section B. The Employer will grant to employees who are Local representatives reasonable time off with pay for the purpose of attending scheduled negotiations sessions with City officials. The employer retains the right to restrict such release time when an emergency exists or such release would create a danger to public safety or result in the necessity to replace the employee requesting time off with personnel in compensated status. Section C. Upon written authorization by an employee and approval by a representative of the Local, the Employer agrees to deduct from the wages of the °w> Battalion Chief/Safety Officer the sum certified as union dues or service fee once each 3 Battalion Chiefs/Safety Officers' Contract 2009 month and forward the sum to the Local's Secretary or Treasurer. If a Battalion Nap`' Chief/Safety Officer does not have a check coming to him/her or the check is not large enough to satisfy the payment, no deduction shall be made from the employee for that calendar month. The Local agrees to hold the Employer harmless from any claims filed by employees against the Employer arising out of the Employer's activities to enforce the provisions of this article, except those caused by negligence of the Employer. Section D. Local 864 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. The City shall deposit such deduction biweekly into a trust fund established by the Association to pay health insurance premiums for eligible retirees and dependents as directed by the Union. Upon the exercise of this option, the Association agrees to allow the City to audit the books and records of the trust it establishes, at the City's request, and to indemnify, defend and hold the City harmless from any and all liability, claims, demands, suit or any loss or damage, or injury to persons or property arising from or related to the provisions of this paragraph, including income tax withholding liabilities or tax penalties. ''err Section E. The employer will allow Local 864 the option to have funds deducted from their paychecks 12 times annually to allow for contribution to the IAFF Fire PAC program. The employer will cut a check once a month. The check will be made out to the IAFF Fire Pac and Local 864 will be responsible for the delivery of the check to the IAFF. ARTICLE 3 - EMPLOYMENT PRACTICES Section A. Personnel reductions, vacancies, and promotions shall be handled in accordance with existing Civil Service Rules and Regulations and state laws relating or pertaining thereto. Section B. Personnel Files. 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 Fire & Emergency Services Department. 4 Battalion Chiefs/Safety Officers' Contract 2009 This provision shall not restrict such information from becoming subject to due process Nesi by any court or administrative tribunal. 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 all employees from viewing his/her original personnel file in its entirety upon request. The Employer and the employee agree that nothing of a disciplinary nature shall be inserted into the personnel file without a copy first going to the employee. All disciplinary notices or memoranda shall be removed from the personnel files after Forty-eight (48) months. Personnel files shall be released to the Civil Service Commission for the purpose of promotional examinations and in the event of disciplinary hearings. Section C. It is agreed by the Employer and the Local that both parties are obligated to provide equality of opportunity, consideration, and treatment of all members employed by the Renton Fire & Emergency Services Department in all phases of the employment process. Therefore, both the Union and the Employer agree not to discriminate on the basis of Union activity, race, creed, sex, national origin, age, handicap (unless a bona fide occupational qualification exists), and religion. (Including those persons exercising their rights under Article 2, Section A.) Section D. An employee shall accrue seniority through continuous employment with the Renton Fire & Emergency Services Department including those members of the bargaining unit as a result of merger. The Employer shall establish a seniority list and shall update it at least once per calendar year. The seniority list shall be posted on the bulletin board with a copy sent to the Secretary of the Union. This list shall be established by classification. Layoffs will be based on seniority with the first layoff being the employee with the least amount of time within the Renton Fire & Emergency Services Department. In the event of the abolishment of a position the employee(s) with the least amount of time in rank shall be laid off or dropped in rank. An employee will not be reduced in rank by more than one classification as a result of layoffs or staff reductions. In the event an employee is rehired the Chief will have the discretion to determine an adequate amount of training necessary to resume the duties of the position. If a layoff is necessary the employee will be placed on a rehire list that will last for (5) five years. In the event of rehire purposes the list will be used as the sole list and 5 Battalion Chiefs/Safety Officers' Contract 2009 will be used until it has been depleted and or (5) years has expired. After six (6) months in a laid off status a physical examination is a prerequisite for reemployment. A reinstated employee shall serve a probationary period of one year if the employee has been laid off for two and one half years (2 '/2) or more. A rehired employee will assume rank and time in grade equal to their classification at the time of separation. ARTICLE 4 - RETENTION OF BENEFITS Section A. Working conditions which are generally prevailing but not specifically outlined in this Agreement shall, in the manner presently observed as department policy, be administered and abided by both parties to this Agreement unless changed or deleted by mutual consent. Section B. Management rights and responsibilities assigned to each Battalion Chief/Safety Officer shall continue to be performed by him/her, void of any conflict of interest that may arise out of the fact that the Battalion Chiefs/Safety Officers are represented by the same IAFF Local as the rank and file firefighters they supervise; PROVIDED, this shall not constitute a waiver of the Local's right to bargain under RCW 41.56. ARTICLE 5 - MANAGEMENT RIGHTS Section A. The Local recognizes the prerogatives of the Employer to operate and manage its affairs in all respects in accord with its responsibilities and powers of authority. Section B. The Employer has the right to schedule overtime work as required and most advantageous to the department and consistent with requirements of municipal employment and public safety. Section C. It is understood by the parties that every incidental duty connected with fire service oriented operations enumerated in job descriptions is not always specifically described. Section D. The Employer reserves the right to discharge or discipline an employee for just cause. The Employer reserves the right to lay off personnel for lack of work or funds; or for the occurrence of conditions beyond the control of the department; or 6 Battalion Chiefs/Safety Officers' Contract 2009 when such continuation of work would be wasteful and unproductive. The Employer shall have the right to determine reasonable schedules of work and to establish the methods and processes by which such work is performed in accord with Article 10 of this Agreement. Section E. No policies or procedures covered in this Agreement shall be construed as delegating to others or as reducing or abridging any of the authority conferred on City officials as defined in the following: 1. The Ordinance responsibility of the Mayor as Chief Executive Officer of the City for enforcing the laws of the State and City, passing upon Ordinances adopted by the City Council, recommending an annual budget, or directing the proper performance of all executive departments. 2. The responsibility of the City Council for the enactment of Ordinances, the appropriation of monies, and final determination of employee compensation. 3. The responsibilities of the fire chief and his/her delegates as governed by City Ordinance and Civil Service Rules and Department Rules and as limited by the provisions of this Agreement: to recruit, assign, transfer, or promote members to positions within the Department; to suspend, demote, discharge, or take other disciplinary action against members for just cause; to relieve members from duties because of lack of work, lackof funds, or for disciplinary reasons; to determine methods, means, and personnel necessary for departmental operations; to control the departmental budget; to take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department. The Local agrees that its members shall have a responsibility to promote the efficient and effective operation of the department and to assist the Fire Chief and his/her delegates in ensuring such efficiency and effectiveness. The members further agree to support the Chief and his/her delegates in developing work programs, strategies, techniques, innovations and other programs to maximize department productivity. 7 Battalion Chiefs/Safety Officers' Contract 2009 ''so, ARTICLE 6 - 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 nor shall he/she refuse to perform his/her assigned duties to the best of his/her ability. Section B. To the extent that any provision of this Agreement is in conflict with applicable existing Civil Service laws in effect on May of 1999, rules and regulations, the mutually agreed upon labor contract will prevail. ARTICLE 7 - SALARIES Section A. Salaries for Battalion Chiefs/Safety Officers shall reflect a 15% differential between Battalion Chiefs/Safety Officers and Captains of Local 864. (Captains wage plus 15 percent) Section B. Longevity salary allowances shall be payable on the first payday following the anniversary of the Battalion Chief/Safety Officer: Nave • Completion of 5 years - 2% of top step firefighter salary • Completion of 10 years - 4% of top step firefighter salary • Completion of 15 years - 6% of top step firefighter salary • Completion of 20 years - 10% of top step firefighter salary • Completion of 25 years - 12% of top step firefighter salary Section C. The salaries for any new classifications that may be covered by this agreement shall be subject to negotiations between the parties. Section D. Additional pay shall be awarded as an education incentive to members of the Department using the following scale and for the following achievements. The Chief shall insure all educational requirements are met through an accredited program. Payments will be rounded to the nearest whole dollar. • Four Year Degree and Two Year Fire Science Degree - 2.0% of top step of base firefighter's salary 8 Battalion Chiefs/Safety Officers' Contract 2009 Section E. Battalion Chiefs/Safety Officers performing Standby/Safety Officer duty *4460 shall be compensated at the rate of $5.00 per hour. Employees on the list will remain in a duty ready state and available to respond within one (1) hour for suppression recall and 30 minutes for a Safety Officer recall. Employees on the list will be paid for an entire 24 hour shift unless they are activated, at that time the employee will transfer to the appropriate pay rate. Battalion Chiefs/Safety Officers may request time off in lieu of receiving monetary compensation. Time off will be accrued at the rate of V2 day off for each week of Standby/Safety Officer duty performed. Time off in lieu of monetary compensation will be at the approval of the Chief. Section F. The City agrees to contribute 2.5% of a shift Battalion Chief/Safety Officer's base wage to the deferred compensation plan in exchange for voluntary participation, and successful completion of the annual fire fighter entrance combat challenge. The test shall be given annually in the preceding year. Any employee who does not meet the standard has 1 additional opportunity to pass the test by the end of the preceding year. Nod Any employee receiving deferred compensation who is unable to take the combat challenge due to disability or sick leave will continue to receive the deferred compensation. Once the employee returns to full duty they have 90 days to complete the combat challenge. Section G. Paydays shall be on the 10th and 25th of each month. Should the paydays fall on a Saturday or Sunday or holiday, paychecks shall be issued on the preceding working day. The City retains the right to mandate electronic deposit of paychecks during the life of this agreement. Section H. Effective with calendar year 2003, the City will issue semi-monthly paychecks. For the pay period, December 16 through December 31, pay will be received on January 10 the following year. 9 Battalion Chiefs/Safety Officers' Contract 2009 Section I. The Employer agrees to contribute three and one half percent (3.5%) of a *l""'` shift Battalion Chief/Safety Officer's base wage per annum to a deferred compensation or income protection plan. This contribution shall expire December 31, 2009. ARTICLE 8 - OVERTIME Section A. Unless otherwise provided by the terms of this Agreement, in the event that a need for overtime should occur in the Fire & Emergency Services Department because of emergency, sickness, or other unforeseen conditions, the current procedures will be used by the Employer. Section B. Battalion Chiefs/Safety Officers assigned to days may work suppression overtime without having to use vacation or holiday time when approved by the employee's immediate supervisor. The employee may use vacation, holiday, comp time, or executive leave time at their option. Battalion Chief/Safety Officer's suppression overtime rate will be 1.35 times their normal rate of pay. (Non suppression overtime, training and meeting for example will be at the current straight time rate.) Nome ARTICLE 9 - INSURANCE 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 goals in relationship to the Renton Employees' Healthcare Plan. Section A. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150. Local agrees to participate in the REHBT and to identify and support cost containment measures. Section B. The City will provide a medical/dental, vision, and prescription drug insurance plan for bargaining unit members and their eligible dependents. The City and union agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of the Firefighter Union Local 864, other 10 Battalion Chiefs/Safety Officers' Contract 2009 participating unions and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Members of the REHBT are authorized to make changes in the REHP from time to time without further concurrence from their membership or the City Council during the term of this agreement. Each member union (not bargaining unit), and the City shall have one vote when considering proposed changes to the REHP. Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote will result in no change in existing benefits. Effective 01/01/2009, the City agrees to increase its share of the 2008 premium by 8 percent above the 2008 level. Any premium increase above 8 percent will be addressed by the REHBT through program redesign or a 50/50 split of the additional costs necessary to fund the program through 2009. Should premiums necessary to fund the projected program costs for 2009 increase less than 8 percent, the REHBT shall have the option to distribute the funds as they see fit proportionately to their constituents. RENTON EMPLOYEES' HEALTH PLAN BOARD OF TRUSTEES — Includes members of 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. 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. 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. VOTING —A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. If no agreement can be reached on 11 SWIM Battalion Chiefs/Safety Officers' Contract 2009 design changes and cost increases exceed the City's agreed contribution, then the iktioe additional cost will be split 50/50 by the City and the Members. Example — City takes first 8.0%; Cost increases 16.0%; City pays 50% of the additional 8.0% and members pay 50% of the additional 8%. Section C. The Employer shall furnish to the employee a group term life insurance policy in the amount of the employee's annual salary rounded to the 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 D. When a LEOFF II 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 following the date the condition is declared fixed and stable Section E. Health and Wellness program. The employer agrees to pay $10.00 per month per employee to promote health and wellness within the Renton Fire & "'"" Emergency Services Department. The employees agree to pay $5.00 per month per employee to promote health and wellness within the Renton Fire & Emergency Services Department. This amount will be deducted from the employees' paycheck on the 10th of each month. The funds will be placed in a separate account and carried over each year. These funds shall be used in accordance with Renton Fire & Emergency Services Department Policies. ARTICLE 10 - HOURS OF WORK Section A. The normal schedule for employees of the Administration, Fire Prevention, and Training divisions shall be equivalent to 40 hours per week exclusive of lunch. Workdays shall commence at 0800 hours Monday through Friday, or as established by mutual agreement. Non-Suppression Battalion Chiefs/Safety Officers will work up to two (2) hours of non compensated time per month. (Two hours per month, not 24 hours per year). 12 Battalion Chiefs/Safety Officers' Contract 2009 Section B. The normal working schedule for the Fire Suppression division shall be in twenty-four (24) hour shifts beginning at 0730 hours. 1. Employees will receive one "Kelly" shift every six (6) regularly scheduled shifts to reduce the normal workweek to 46.6 hours. 2. One hour for lunch and one hour for dinner and rest breaks will be allowed, in accordance with Fire & Emergency Services Department Rules and Standard Operating Procedures. Section C. Employees may exchange shifts with prior approval of the Fire Chief, or his/her designee. No shift exchange shall be made which will result in extra payroll cost to the Employer. All shift exchanges must be repaid within twelve (12) months of date of exchange. Section D. Day Shift Differential. Employees assigned to day shift for 30 consecutive days or more (excluding light duty) shall receive an additional 5.0% of a shift Battalion Chief/Safety Officer's base wage per pay period. Section E. Working Out of Classification. Employees assigned the duties of a higher classification shall be compensated in accordance with City Policy & Procedure #300-41. ARTICLE 11 - HOLIDAYS Section A. The following are recognized as legal holidays and shall be taken by all personnel working a 40-hour work week: 1. The first day of January, commonly called New Year's Day. 2. The last Monday in May, commonly known as Memorial Day. 3. The fourth day of July, being the anniversary of the Declaration of Independence. 4. The first Monday in September, to be known as Labor Day. 5. November 11 (Veteran's Day). 6. The fourth Thursday of November, to be known as Thanksgiving Day. `"IS 13 Battalion Chiefs/Safety Officers' Contract 2009 7. The fourth Friday of November, the day after Thanksgiving Day. 8. The twenty-fifth day of December, commonly called Christmas Day. 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. 10. Three floating Holidays of the employee's choice. 11. Any other day designated by public proclamation of the Chief Executive of the State as a legal holiday. All personnel working 24-hour shifts shall receive five (5) shifts off in lieu of the above w holidays. The employee may at his/her option, sell back from zero (0) to five (5) shifts of holiday time at the straight time rate. Payment for Holidays sold back to the City shall be paid on the second payday of February of each year. The Holiday sellback check will be issued on a separate voucher. Scheduling of holiday time off will be done in a manner to prevent the necessity of overtime payment by the Employer and in accord with Fire & Emergency Services Department Rules and Standard Operating Procedures. Those employees required to work Thanksgiving or Christmas Day shall receive compensation at the double-time rate for the hours worked during those holidays. The holiday conversion factor of (40/46.6 = .858) will be used when converting from a 24 hr shift to day shift or from a day shift to 24 hr shift. To convert from a 24hr shift to 14 Battalion Chiefs/Safety Officers' Contract 2009 day shift take the 24hr shift hours x.858 = new day shift hours. To convert from day shift to 24hr shift hours take the day shift hours /.858 = new 24 hr shift hours. Rounded to the nearest whole hour. All local 864 members will be allocated holiday hours to their payroll holiday account based upon their shift/day shift assignment. In the case that an employee is moved mid year conversion will take place if necessary. Use the following chart to determine the Holiday or Vacation leave usage per day when an individual is temporarily assigned to days (such as Light Duty). Leave hours taken Conversion Factor Converted Leave Time Rounded Time Used 1 .858 1.1655 1 2 .858 2.3310 2 3 .858 3.4965 3 4 .858 4.6620 5 5 .858 5.8275 6 6 .858 6.9930 7 7 .858 8.1585 8 8 .858 9.3240 9 9 .858 10.4895 10 10 .858 11.6550 12 ARTICLE 12 - VACATIONS Section A. The use of vacation is based on the calendar year and will be pro-rated based on the date of hire. During the first five years, and longevity breaks, the member will plot the number of full shifts accrued the prior year. The member can either be paid out at the straight time rate for the odd hours remaining, or borrow enough hours to provide a complete shift to plot. 24-hour shift personnel will not carry over any vacation from year to year. Day staff personnel are allowed to carry over up to 2 years of vacation leave. At the discretion of the Chief, any member unable to use plotted vacation due to illness/injury, or recall to active military duty, may be paid at the straight time rate or be allowed to re-plot time off in the affected year. Personnel hired mid-year will use vacation on a pro-rated basis (See Appendix C Vacation Pro-ration Schedule). 15 Battalion Chiefs/Safety Officers' Contract 2009 The following vacation benefit schedule shall be applicable to members hired January 1 Now of any year: Calendar Year Hours/Shifts In Service used per year 1st 0 2 72 hrs/3 shifts 3 96 hrs/4 shifts 4 120 hrs/5 shifts 5 144 hrs/6 shifts 6-10 yrs 216 hrs/9 shifts 11-15 yrs 264 hrs/11 shifts 16 — 20 yrs 312 hrs/13 shifts 21 + yrs 336 hrs/14 shifts Each year, in the month of September, Labor and Management will produce agreed upon vacation hours for all members. The hours will be entered by Finance into each member's vacation account to be used the following year. Section B. When a member is assigned to days, or moved back to 24-hour shift, the vacation conversion factor(40/46.6 = .858) will be used. When a member is temporarily assigned to days for longer than 1 pay period, due to illness, injury, or temporary assignment, sick leave, holidays and vacation will be converted if necessary. Upon re-assignment to shift, the remaining hours will be converted back to shift. To convert from 24-hour shift to days: shift vacation allocation x .858 = day staff vacation hrs To convert from day staff to 24-hour shift: day staff vacation balance + .858 = shift vacation hrs 16 Battalion Chiefs/Safety Officers' Contract 2009 All members will be allocated hours to their payroll vacation account based upon their Niad 24-hour shift/day staff assignment. In cases of mid-year assignment changes, the unused portion of vacation will be converted. At the discretion of the Chief, when a day staff member is assigned mid-year to 24-hour shift, the converted vacation hours will be plotted in the affected year, or paid at the straight time rate. Vacation will be taken at the employee's request and will be granted in accordance with Department SOP with the approval of the section Deputy Chief. Section C. Scheduling of vacation time shall be done in a manner to prevent the necessity of overtime payment by the Employer and in accord with Fire & Emergency Services Department Rules and Standard Operating Procedures. When staffing levels permit, a certain number of available staff shall be permitted to schedule time off, including any holidays, "Kelly" days and bonus sick days that may have accrued. ARTICLE 13 - SICK LEAVE Sick leave benefits are hereby fixed and established in the following manner: Section A. The employer agrees to allow each LEOFF I employee hired before October 1, 1977, sick leave benefits computed on the following basis: All LEOFF I members will accrue sick leave at a rate of- Twenty-four (24) hours per month up to a maximum balance of one hundred sixty-eight (168) hours and at a maximum accrual rate of 168 hours per year. Section B. In case of sickness or disability, the LEOFF I employee shall first use and exhaust any and all sick leave benefits accrued pursuant to Subsection A herein above prior to receiving any sick or disability benefits pursuant to RCW 41.26.150 and/or for RCW 41.26.120. Sick leave benefits shall not be accrued during any period while such employee is on "disability leave" or "disability retirement" under the provisions of the LEOFF System. However, if such employee is returned to full active duty with the 17 Battalion Chiefs/Safety Officers' Contract 2009 Employer prior to the expiration of the six-month period and prior to any final disability retirement, then such leave credit shall accrue to his/her benefit during such temporary period of disability. Section C. The LEOFF II Employer agrees to allow each employee hired after October 1, 1977, sick leave benefits computed on the Following, basis: All LEOFF ll members will accrue sick leave at a rate of - Twelve (12) hours per month up to a maximum accrual of one thousand, four hundred and forty hours (1,440). Sick leave benefits under this paragraph will begin accruing upon employment with the award of the thirty-six (36) hours of sick leave. Upon completion of the third month of employment, an additional thirty-six (36) hours of sick leave will accrue at the rate of twelve hours per month to a maximum of 1,440 hours. At no time shall the total sick leave accrued under this section and the supplemental sick leave benefits available under Section H exceed 1,440 hours. Cash payment for sick leave accrued under Section C of this Article will be made upon an employee's death, retirement or voluntary separation while in good standing at the rate of one-half (1/2) regular pay for each hour accrued. Employees hired on or after January 1, 1994 shall not be eligible for cash out of accrued sick leave. This provision does not apply to any injury leave benefits provided under Section D and supplemental sick leave benefits provided under Section H of this Article. Disability leave benefits shall be provided to LEOFF II employees in accordance with the laws of the State of Washington when it has been determined that the disability is duty-related. 18 Battalion Chiefs/Safety Officers' Contract 2009 Section D. All LEOFF II personnel covered by either of the above contracts will receive up to six consecutive calendar months of full pay and benefits for L & I qualified duty-related disabilities. The maximum period of this benefit will not exceed six consecutive calendar months. 1. The coverage starts on the first day or shift of time loss. 2. The individual with the disability will not be required to use any personal sick leave if the duration of the illness or injury is six consecutive calendar months or less. 3. No Vacation or Holiday leave can be used during the six consecutive calendar month period. 4. Any light duty performed during the period of disability will not extend the period of the six consecutive calendar months. 5. This benefit will conclude when any of the following conditions occur: a. The individual is cleared for return to full-duty; b. The individual remains on disability and completes their six consecutive calendar months; or, c. During the six consecutive months, the Department of L & I declares the individual to be "fixed and stable" with a disability that permanently prevents a return to full duty. 6. The intent of this agreement is to make an injured member financially "whole" for the duration of the benefits. The total compensation received by an injured member will not exceed their regular duty compensation. 7. All benefits provided in accordance with the contract will continue to accrue while an individual is using the LEOFF II OJI Benefit. 8. Reimbursement Checks from the Third Party Administrator (TPA) for City of Renton. a. All TPA reimbursement checks sent to the individual must be submitted to the City of Renton. 1) Checks must be submitted within 30 days of receipt by the member. 2) The member must endorse the check to the City of Renton. ' 19 Battalion Chiefs/Safety Officers' Contract 2009 b. The intent of the six months of coverage is to make the individual financially "whole". The total compensation received by the member will not exceed his or her regular, duty compensation. 9. Members will be reimbursed for all approved L & I travel expenses. 10. Crediting of TPA Wage Reimbursement checks once the initial six consecutive calendar months of full coverage by the City has been completed. a. The individual must submit his or her reimbursement check to the City of Renton as identified above. b. In turn, the City will credit the member's sick leave account. The amount of sick leave credit will be determined by dividing the check's value by the member's regular hourly rate (including premiums). The number of hours (and any fraction thereof) will be added to the balance of the member's sick leave account. c. This process will continue until the individual exhausts his or her personal sick leave. If an employee terminates employment with the Employer for reasons other than disability, lay-off, or retirement, the value of any injury leave used from this bank but not accrued shall be paid back to the Employer through payroll deduction. Section E. Accrued sick leave may be used to care for a child under eighteen years of age with a health condition that requires treatment or supervision, including preventative health care, as specified in WAC 296-130-010 through 296-130-500. For the purposes of this section, child is defined as the natural or adopted child of the employee, the natural or adopted child of the employee's spouse or a child under the employee's legal guardianship, legal custody, or foster care. Available sick leave may be granted upon permission from the Chief of the Department or, in his/her absence, the senior officer in charge in the case of sudden family emergencies other than the care of a child under eighteen years of age with a health 20 Battalion Chiefs/Safety Officers' Contract 2009 condition that requires treatment or supervision. Such sick leave shall be used in accord with department regulations. Section F. This section applies to any LEOFF I or LEOFF II employee who accrues sick leave benefits under Section A and C of this Article. The Sick Bonus is granted based on the amount of sick leave used (excluding FMLA illness/injury or OJI) in the previous calendar year as described in the table below. The amount of Sick Bonus hours issued will be based on whether the individual is assigned to shift or days in February of the current year. As noted, day staff usage and payment will be calculated at the conversion rate of .858 rounded to the nearest whole hour for all hours in this section. Payment will be issued on a separate voucher on the second payday in February. Shift Sick Leave 0 >0 to 24 >24 to 48 >48 Hours Used Converted Hours 0 >0 to 21 >21 to 41 >41 Used on Days Shift Bonus = 24 hrs Double time Time and one Straight time No bonus half Day Bonus = 21 hrs Double time Time and one Straight time No bonus half Section G. During the term of this Agreement, Suppression personnel hired after October 1, 1977 (LEOFF II) may, in case of personal illness or off duty disability, be granted supplemental sick leave upon permission from the Chief of the Department after any and all sick leave accrued pursuant to Section C of this Article has been exhausted. Supplemental sick leave benefits shall be computed at the rate of twelve 21 Battalion Chiefs/Safety Officers' Contract 2009 (12) hours per month for each full month of employment from January 1, 1994. At no New time shall the total sick leave accrued under section C of this Article and the supplemental sick leave benefits available under this section exceed 1,440 hours. Section H. All LEOFF II employees having an extended injury or illness are eligible for up to 12 months of light duty. Section I. The sick leave conversion factor of (40/46.6 = .858) will be used when converting from a 24 hour shift to day shift or from a day shift to 24 hour shift. To convert from a 24 hour shift to day shift take the 24 hour shift hours x.858 = new day shift hours. To convert from day shift to 24 hour shift hours take the day shift hours /.858 = new 24 hour shift hours. Rounded to the nearest whole hour. All local 864 members will be allocated sick leave hours to their payroll sick leave account based upon their shift/day shift assignment. In the case that an employee is moved mid year conversion will take place if necessary. New Please use the following chart to determine sick leave usage per day when an individual is temporarily assigned to days (such as light duty). Sick Leave Hours Conversion Factor Converted Time Rounded Leave Taken Per Day Used Used Per Day 1.0 0.858 1.165501166 1.25 1.25 0.858 1.456876457 1.5 1.5 0.858 1.748251748 1.75 1.75 0.858 2.03962704 2.0 2.0 0.858 2.331002331 2.25 2.25 0.858 2.622377622 2.5 2.5 0.858 2.913752914 3.0 2.75 0.858 3.205128205 3.25 3.0 0.858 3.496503497 3.5 3.25 0.858 3.787878788 3.75 22 Battalion Chiefs/Safety Officers' Contract 2009 Sick Leave Hours Conversion Factor Converted Time Rounded Leave Taken Per Day Used Used Per Day 3.5 0.858 4.079254079 4.00 3.75 0.858 4.370629371 4.25 4.00 0.858 4.662004662 4.75 4.25 0.858 4.953379953 5.0 4.50 0.858 5.244755245 5.25 4.75 0.858 5.536130536 5.5 5.00 0.858 5.827505828 5.75 5.25 0.858 6.118881119 6.00 5.50 0.858 6.41025641 6.5 5.75 0.858 6.701631702 6.75 6.0 0.858 6.993006993 7.00 6.25 0.858 7.284382284 7.25 6.5 0.858 7.5757576 7.5 6.75 0.858 7.867132 7.75 7.00 0.858 8.158508 8.25 •imeoe 7.25 0.858 8.44988 8.5 7.5 0.858 8.74125 8.75 7.75 0.858 9.03263 9.00 8.00 0.858 9.324009 9.25 8.25 0.858 9.615384 9.5 8.5 0.858 9.906759 10.0 8.75 0.858 10.1981 10.25 9.00 0.858 10.48951 10.5 9.25 0.858 10.78088 10.75 9.5 0.858 11.07226 11.0 9.75 0.858 11.36363 11.25 10.0 0.858 11.65501 11.75 23 Battalion Chiefs/Safety Officers' Contract 2009 '""' ARTICLE 14 - FUNERAL LEAVE Time off with pay for up to 1 shift or day shall be allowed employees covered hereunder for the purpose of attending a funeral of the employee's mother, father, brother, sister, spouse, child, mother-in-law, father-in-law, grandchild, or grandparents. When special conditions exist, up to three shifts of sick leave may be granted, upon proper request, for the purpose of attending a funeral as described above. All requests for extended funeral leave shall be approved by the Fire Chief. Members of the Bargaining Unit shall be permitted to attend funeral services on duty for family members of Local 864 employees. Employees scheduled to work the day of a funeral shall be able to attend the service within their response area and will respond to calls for services as requested. The City and the Union also agree that daily work schedules will be completed as if no interruption in work resulted from attending a funeral service and would result in not overtime cost to the City. Nohow ARTICLE 15 - UNIFORM ALLOWANCE Section A. Uniform Allowance. Each employee shall receive a uniform allowance of 1.25% of top step of firefighter annual base pay. The Uniform allowance paycheck will be paid on a separate voucher on the Second Payday in February. The purpose of such allowance is to buy, maintain, and/or repair any equipment or clothing required by the Employer which is not furnished by the Employer. All employees covered shall have and maintain 3 house uniforms after the year 2006 uniform allowance. The employee will also be required to maintain a pair of approved safety boots as stated in the SOP's. The replacement costs of these boots will be borne by the employee. The allowance is subject to a pro rata deduction from the employee's final paycheck in the event he/she does not serve the entire twelve months for which such payment was made, with the exception of an employee who retires or expires, in which event no deduction shall be made. In lieu of this allowance and at the employer's option, a Nome quartermaster system may be instituted. Under this program the employer would purchase and maintain, including cleaning, any equipment or clothing required by the 24 Battalion Chiefs/Safety Officers' Contract 2009 employer. Prior to implementation both parties shall agree as to what is required equipment and clothing. Periodic inspections may be conducted at the discretion of the Chief to monitor the appearance and serviceability of uniform clothing and equipment. It shall be the responsibility of the individual employee to replace any piece of clothing or equipment, which the Chief determines, is substandard. The Employer shall furnish all protective clothing or protective devices required of the employees in the performance of their duties to the employees. Such protective clothing and devices will remain the property of the Employer and shall be worn only in the performance of Renton Fire & Emergency Services Department duties. ARTICLE 16 - GRIEVANCE PROCEDURE Grievances or disputes, which may arise involving the interpretation of this Agreement, shall be settled in the following manner: Step 1: The Local's Grievance Committee, upon receiving a written and signed petition within two (2) weeks of actual grievance, shall determine if a grievance exists. If in their opinion no grievance exists, the matter is closed. Step 2: If in the opinion of the Grievance Committee a grievance exists, the Committee shall within two weeks after receiving the grievance present the grievance in writing to the Chief of the Fire & Emergency Services Department for adjustment. Step 3: If within ten (10) business days the grievance has not been settled, it then shall be submitted to the Mayor. Step 4: If within ten (10) business days the grievance has not been settled in Step 3, it shall then be submitted to arbitration for adjustment. The power and authority of the Arbitration Board shall be limited to the interpretation of the terms of this Agreement. The Board shall have no authority to amend, modify, nullify, ignore, add to, or subtract from the express terms of this Agreement. The Arbitration Board shall consist of a 25 Battalion Chiefs/Safety Officers' Contract 2009 representative of the Employer, a representative of the Local, and a third member mutually agreed to by both the appointed members and who will preside as Chairman. If the two cannot agree within seven (7) days on the selection of the Chairman, the matter then shall be submitted to the Federal Mediation and Conciliation Services for seven (7) names of Arbitrators who reside in the State of Washington. The Employer and the Local shall strike names alternately, the final remaining name shall be the neutral third party. Each party will pay for his/her own arbitrator and the expenses of the third will be shared equally between the parties. Meetings of the Arbitration Board shall be attended by all three members. A decision of the majority of the Arbitration Board shall be final and binding on all parties as to the issues submitted to it for decision. ARTICLE 17 - SAVINGS CLAUSE Section A. 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 lee of this Agreement and addenda shall not be affected thereby and the parties shall enter immediate collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement of such articles. Section B. The Employer and the Local reserve the right to address, through reopening of the contract, any effects that the Fair Labor Standards Act, or any amendments thereto, may have on the application of the provisions of the Labor Agreement. 26 Battalion Chiefs/Safety Officers' Contract 2009 ARTICLE 18 - DURATION OF AGREEMENT Section A. This Agreement shall become effective January 1, 2009, and shall remain in full force and effect until December 31, 2009. Section B. The Agreement expressed herein in writing concludes collective bargaining for its term and constitutes the entire Agreement between the parties. All rights and duties of both parties are specifically expressed in this Agreement and such expression is all-inclusive. No oral statement shall add to or supersede any of its provisions. Section C. For the duration of this agreement, no party shall change, modify, or amend any part of this Agreement without first negotiating and obtaining the mutual consent of the other party. Signed this day of , 2008 at Renton, Washington. CITY OF RENTON: RENTON BATTALION CHIEFS/SAFETY OFFICERS: Denis Law, Mayor Craig Soucy, President I. David Daniels, Fire Chief Kris Hanson, Trustee Nancy Carlson, Human Resources & Risk Management Administrator Michael R. Webby, Consultant Eileen Flott, Human Resources Manager 27 Battalion Chiefs/Safety Officers' Contract 2009 Robert Van Home, Fire Deputy Chief Lucinda Gibbon, Human Resources Analyst ATTEST: Bonnie I. Walton, City Clerk APPROVED AS TO FORM: Lawrence J. Warren, City Attorney 28 Battalion Chiefs/Safety Officers' Contract 2009 APPENDIX A Salaries Section A. Effective January 1, 2009, salaries shall be increased by 115% of Captain's 2009 base wage. Effective January 1, 2009, salaries shall be increased by 5.5%. Section B. The following employee base wage shall be in effect during the life of this contract: Year Hourly Rate Shift BC Admin BC January 1, 2009 $44.62 per hour $9,036 per month $9,488 per month Hourly rates are based on 2430 hours per year. 29 Battalion Chiefs/Safety Officers' Contract 2009 loare APPENDIX B VACATION PRO-RATION SCHEDULE Members hired mid-year will use vacation based on the following schedule: Calendar Yr Hrs/Shifts Pre-hire date Post-hire date in Service used per year accrual/pp accrual/pp 1 0 3 2 Prorate 3 4 3 Prorate 4 5 4 Prorate 5 6 5 Prorate 6 9 6 Prorate - 9 9 7-9 216 hrs/9 shifts 9 9 10 216 hrs/9 shifts 9 11 11 Prorated 11 11 12-14 264 hrs/11 shifts 11 11 15 264 hrs/11 shifts 11 13 16 Prorated 13 13 17-19 312 hrs/13 shifts 13 13 Niksw 20 312 hrs/13 shifts 13 14 21 Prorated 14 14 21+ 336 hrs/ 14 shifts 14 14 Mid year hires - Start accruing 3 hours per pay period from the starting date. For the first 5 years, on the anniversary date, the accrual will be raised to the next level. Therefore, each of those years the number of shifts taken will be based on what had accrued the prior year. The member would plot full 24-hour shifts, and either be paid out at the straight time rate for the odd hours remaining, or borrow enough hours to provide a complete shift to plot. In earning the prior year what they use the following year, they would earn odd hours in the year of the 5th, 10th, 15th and 20th year anniversary, and use what they accrued the prior year. The odd hours would be affecting the vacation plotted the year following their anniversary. Mid year retirement/termination — based on the date of retirement/termination, the number of vacation hours unused for the current year, plus the number of hours accrued in the current year would be paid out to the employee. 30 • CITY OF RENTON COUNCIL AGENDA BILL kiiieiSubmitting Data: For Agenda of: November 3, 2008 Dept/Div/Board.. HR & RM Dept. Staff Contact Nancy Carlson Agenda Status Consent X Subject: Public Hearing.. 2009 contracts for the Renton Police Guild, Correspondence.. Commissioned and Non-Commissioned bargaining Ordinance units Resolution Old Business Exhibits: New Business Renton 2009 Police Guild Commissioned and Non- Study Sessions Commissioned contracts Information Recommended Action: Approvals: Council concur Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... See analysis below Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Ni✓Administration requests City Council authorization for the Mayor to sign one-year labor agreements for 2009 with the Renton Police Guild Commissioned and Non-Commissioned Units. The projected fiscal impact for 2009 is approximately$1,916,563 for the Police Commissioned and Non-Commissioned Units. Resources have been included in the 2009 preliminary operating budget to fund the proposed agreements. The primary changes in the one-year agreements include a 5.5% COLA and an 8% increase to the medical premium. STAFF RECOMMENDATION: Approve the 2009 Renton Police Guild Commissioned and Non-Commissioned contracts Rentonnet/agnbill/ bh AGREEMENT By and Between CITY OF RENTON and NIlw RENTON POLICE OFFICERS' GUILD REPRESENTING COMMISSIONED EMPLOYEES January 1, 2009 — December 31, 2009 �rrr► TABLE OF CONTENTS PAGE PREAMBLE 3 ARTICLE 1 RECOGNITION AND BARGAINING UNIT .3 ARTICLE 2 UNION MEMBERSHIP AND DUES DEDUCTION 3 ARTICLE 3 EMPLOYMENT PRACTICES 5 ARTICLE 4 HOURS OF DUTY 7 ARTICLE 5 SALARIES 12 ARTICLE 6 ALLOWANCES AND PREMIUMS 12 ARTICLE 7 SICK LEAVE 15 ARTICLE 8 HOLIDAYS 17 ARTICLE 9 TUITION REIMBURSEMENT 17 ARTICLE 10 EDUCATIONAL INCENTIVE 18 ARTICLE 11 PERSONAL LEAVE 18 ARTICLE 12 LONGEVITY 21 ARTICLE 13 PENSIONS 21 ARTICLE 14 INSURANCES 21 ARTICLE 15 BILL OF RIGHTS 24 ARTICLE 16 MANAGEMENT RIGHTS 27 ARTICLE 17 GRIEVANCE PROCEDURE 28 ARTICLE 18 PERFORMANCE OF DUTY 30 ARTICLE 19 RETENTION OF BENEFITS 30 ARTICLE 20 PAY DAYS 30 ARTICLE 21 SAVINGS CLAUSE 31 ARTICLE 22 ENTIRE AGREEMENT 32 ARTICLE 23 DURATION OF AGREEMENT 33 APPENDIX A SALARIES 35 APPENDIX B EDUCATION/LONGEVITY SCHEDULE 36 APPENDIX C GENERAL ORDER NO. 52.1 37 APPENDIX D MEDICAL RELEASE FORM 46 Renton Police Officers' Guild, Police Commissioned 2009 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, hereinafter referred to as the Guild, governing wages, hours, and working conditions for certain members of the Renton Police Department. It is intended 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 Section A. The Employer recognizes the Guild as the exclusive representative of all commissioned employees below the Civil Service rank of Commander for the purpose of bargaining with the Employer. A commissioned employee is defined as outlined in RCW 41.56.030(6). 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 Employer. The Guild recognizes the Employer as the duly elected representative of the people of the City of Renton Noe 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 (5) members each, unless waived by mutual agreement of the parties. ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Section A. 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. Section B. Union Security 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. 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 Renton Police Officers' Guild, Police Commissioned 2009 3. Any employee failing to comply with subsections B.1 or B.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 towards the administration of this Agreement. 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. 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 requirement 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. 6. The Employer agrees not to subcontract work performed by Guild members to non-Guild personnel without the written agreement of the Guild. Section C. Union Officials' Time Off. 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. 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. 3. The Employer retains the right to restrict time off under subsections 1 and 2 if an emergency exists or when such time off would unreasonably impact department operations. Section 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 4 Renton Police Officers' Guild, Police Commissioned 2009 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 A. Personnel Reduction. Whenever it becomes absolutely necessary through lack of finances or for any other reasonable purpose to reduce the number of employees in the bargaining unit, such reductions shall be carried out based on seniority in accordance with the following: 1. Seniority— Seniority will be determined by the employees 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 N..► 2. Probationary Employees (first appointment) — in reverse order of seniority; the one with the least seniority being laid off first. 3. Non-Supervisory Regular Employees - in reverse order of seniority; the one with the least seniority being laid off first. 4. Supervisors — In the event it becomes necessary to reduce the number of employees of supervisory rank, the following shall occur: Sergeant reduced to Officer- in reverse order of seniority in rank; the one with the least service in the position of Sergeant being reduced in rank first. 5. Reinstatement — Employees laid off or reduced in rank shall be recalled to vacant positions in order of their department seniority; a. Non-Supervisory Regular Employees - the employee with the greatest seniority being recalled first. b. Supervisory Employees — The employee with the greatest seniority in rank being reinstated first. c. An employee may be recalled within two years from the date of layoff. 5 Renton Police Officers' Guild, Police Commissioned 2009 Section B. Vacancies and Promotions. Vacancies shall be filled and promotions made in accordance with the Police Civil Service Rules and Regulations, provided, that nothing in this Agreement shall be construed to require the Employer to fill any vacancy. Section C. Personnel Files. 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 the same. Such papers shall also be made available to the elected or appointed officers of the Guild at the request of the affected employee. 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 employee's written request) after a maximum period of two years if there is no reoccurrence 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 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 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 years the Employer 6 Renton Police Officers' Guild, Police Commissioned 2009 rehires said former employee into the same classification to which he/she was "`om'' 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. Section E. Probation. Probation periods for employees newly hired into the bargaining unit shall not exceed 18 months. Probation period for lateral officers shall not exceed 12 months. During this period, employees may be discharged without resort to the Civil Service or grievance procedure for failure to pass probation. Employees who are promoted within the bargaining unit shall serve a promotional probation period, which shall not exceed one 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. Section F. Non-Discrimination. The Employer and the Guild agree that neither shall unlawfully discriminate against any person because of race, color, religion, sex, age, marital status, 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 Fair Practices Policy. 1,016, ARTICLE 4 - HOURS OF DUTY Section A. Hours of Duty. The normal schedule for hours of duty for employees in the bargaining unit shall be five (5) consecutive days on followed by two (2) consecutive days off, with the exceptions provided in sections 1, 2, and 3 below. 1. Commissioned employees attached to the Patrol Operations Division 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 beginning on January 2, 2003 and every twenty-four (24) days thereafter. a. Shift assignments shall be made by shift bidding by seniority in rank (i.e. a "fixed watch" system). The Employer shall have the right to override the results of shift bidding for legitimate operating concerns such as personality conflicts, balancing seniority, and teamwork considerations or other reasonable basis. The Department agrees to give the Guild the specific reasons for the override in writing upon the request of the Guild, and to allow a Guild representative to be present in meetings in which the assignments are discussed and these decisions are made. The division commanders will be available to speak to individual officers who have questions regarding shift assignment and bid overrides. 7 Renton Police Officers' Guild, Police Commissioned 2009 b. Seniority is calculated from the employee's most recent hire date in *401 the bargaining unit. For non-supervisory employees, seniority in rank is the same as seniority. For employees of supervisory rank, seniority in rank is calculated from the supervisor's date of promotion to current rank. Whenever two or more employees are hired/promoted on the same day, seniority and seniority in rank shall be determined by relative position on the hiring/promotional list. 2. Motorcycle Officers assigned to the Patrol Services Division, and Detectives assigned to the Investigations Division shall work four (4) consecutive ten (10) hour days followed by three (3) consecutive days off. 3. School Resource Officers (SRO) shall work nine (9) hours a day on four(4) days a week, and one additional eight (8) hour day every other week. Under this schedule, these employees get either a Monday or a Friday off every other week, in addition to their normal weekend-off. 4. The above work schedules may be changed by mutual agreement between the Guild and the Chief of Police. 5. The rotation of personnel between shifts and squads 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 notifications shall occur no later than fifteen (15) calendar days prior to the personnel rotation, except when such employees are probationary officers, or waive this provision in writing, or when such rotations are needed due to a bona fide law enforcement emergency. Section B. Overtime. 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. 1. 3/3 Twelve (12) Hour Patrol Schedule Overtime: Except as otherwise provided in this Article, employees shall be paid at the rate of time and one- half for all hours worked in excess of twelve (12) hours in any twenty-four (24) hour period inclusive of lunch period. 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. 3. Overtime, except for training, shall be voluntary, provided that if there are not enough volunteers to meet public safety requirements, overtime shall be mandatory. Nod 8 Renton Police Officers' Guild, Police Commissioned 2009 4. Employees may not accumulate less than fifteen (15) minute increments of tine overtime. Section C. Overtime Minimums. In the event overtime is not in conjunction with the beginning or end of 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.B. 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. 1. Three (3) hours for any court or related hearing located in Renton. 2 Four(4) hours for any court or related hearing outside the City of Renton. 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 Two (2) hours for any other unspecified overtime including in-person meetings with the prosecutor's office or defense counsel. 5. Where an employee is required to appear one or more times in court on any given day, and all the employee's court responsibilities for that day have not ,41110, been completed within five hours after the employee's first court appearance on that day, the court minimum will be eight (8) hours. Section 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 be construed as to prohibit the employee option of requesting compensatory time off in lieu of paid overtime; provided that the accumulation of such time is approved by the Administration 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. Section E. Early Release. 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 graveyard shifts or following a graveyard shift, shall be relieved from duty at least eight hours prior to having to report to duty without loss of time or overtime minimums. Nifty Employees working the 3/3 twelve (12) hour schedule who appear in court five (5) hours or more between two graveyard shifts may be relieved from 9 Renton Police Officers' Guild, Police Commissioned 2009 duty until 2300 hours on the night after appearance, without loss of time or court overtime minimums. It is the Employer's desire to not have an employee work more the 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 16 hours in a workday. This new language shall be in effect for 2006 as a trial period. At the end of the trial period, the Employer has the option to incorporate this language for years 2007 and 2008, or may return to the language as written in the 2003- 2005 collective bargaining agreement. Section F. 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. Section G. Compensation for Training. 1. The Employer shall have a reasonable obligation to attempt to schedule training during the employee's regular shift. 2. Training On a Scheduled Work Day, Not Requiring Overnight Accommodations: The employees agree to waive any overtime resulting from attendance at any training school or session of less than eight (8) hours on a scheduled work day, and to adjust work schedules on an hour for hour basis. The employees agree to waive any overtime resulting from attendance of any training day scheduled for eight (8) hours or more on a scheduled work day provided that the affected employee is relieved of all police duties as follows: (a) If the scheduled training day is scheduled for eight (8) hours or more, the hours of training shall constitute an entire workday, regardless of the employee's hours of duty. (b) Employees assigned to graveyard patrol (3A or 3B) shall be relieved of duty the shift preceding the day of training, if the training is scheduled for eight (8) hours or more. 3. Training on employee's scheduled day off: 10 Renton Police Officers' Guild, Police Commissioned 2009 Employees will be compensated at time and one half for all training scheduled and approved on a day off or consecutive days off with the following exception; Employees assigned to the Special Response Team (SRT), Crisis Communications Unit (CCU), and Civil Disturbance Unit (CDU) agree to shift adjust with at least thirty (30) days notice for all department training associated with the three assignments. If staffing does not allow for a shift adjust, then the Employer shall either deny the training, or compensate the employee at the overtime rate. 4. Training Requiring Overnight Accommodations. Employees who attend training that requires overnight accommodations shall adjust their work schedule at the straight time rate for all travel and lodging time associated with the training with a maximum of eight (8), ten (10), or twelve (12) hours per day, depending on the employee's work schedule. 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 training was voluntary, no compensation will be paid for travel and lodging time. 5. Per diem: Members shall receive per diem as follows; (a) $8 for Breakfast; $12 for Lunch; $17 for Dinner i. 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). Section H. When the Police Department Administration and the Guild agree to a regularly scheduled shift, the payment of overtime compensation will commence with the hours worked by those affected employees in excess of that mutually agreed upon shift or schedule. Section I. In recognition of FLSA guidelines, overtime shall be computed on the base pay of the employee and shall include any allowances or premiums as described in Article 6 of this agreement in calculation of the overtime rate. Section J. In-Service Training. Employees shall be compensated at the straight time rate for up to 30 hours of in-service training regardless of whether training occurs on the employee's scheduled day off. This training is for all commissioned 11 Renton Police Officers' Guild, Police Commissioned 2009 personnel and is developed and administered through the Administrative Services Division. Topics may include firearms, defensive tactics, blood borne and airborne pathogens, legal update or any other topic developed by the department that is administered in a monthly two-hour block of instruction. Section K. K-9 Teams. 1. K-9 officers are on the air driving to and from work and are available for emergency calls. Driving time to and from work is included in their hours of work (15 minutes each way). 2. Handlers will be paid four (4) hours of overtime per pay period to compensate for bathing, grooming, feeding, cleaning of the dog's kennel, K- 9 car, and similar activities performed by the K-9 officers. 3. K-9 officers will attend briefings on occasion at the beginning of their shift. 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. There is no guarantee of future corporal assignments. The right to decide whether or not to appoint corporals rests solely with the Chief of Police. ARTICLE 6 - ALLOWANCES AND PREMIUMS Section A. Clothing Allowance. 1. Non-uniformed commissioned employees shall receive $550.00 per year as clothing allowance. 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 the 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. Any employee transferred to or from a non-uniformed assignment after January 1st of any calendar year Name shall receive a pro-rated clothing allowance for the remainder of said calendar year. 12 Renton Police Officers' Guild, Police Commissioned 2009 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. Non-uniformed commissioned employees, who are required to wear uniforms for City business, may be provided cleaning services at the sole discretion of the Employer. Section B. Quartermaster System. A quartermaster system shall be in effect for employees required to wear police 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: 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. 2. Optional uniforms and equipment may be purchased by the employees at their own expense. '�•+ 3. Required and optional uniforms and equipment shall be replaced without cost to the employee when they become unserviceable. Section C. Uniform Cleaning. 1. The Employer will provide those employees assigned to wear police uniforms with contract cleaning services at the rate of two pants and two shirts per designated work period (e.g. seven day or twelve day), up to a maximum cost per eligible employee of$240. 2. Commissioned employees who are assigned Plain Clothes assignment shall be authorized to use the cleaning services at the rate of two pants and two shirts (or suits) per designated work period (e.g. seven days), up to a maximum cost per eligible employee of$240. 3. This is based upon agreement that the cost for uniform cleaning shall not exceed $14,000 per calendar year divided by the current number of employees assigned to wear police uniforms (as opposed to plainclothes). 4. The Employer will make every effort to contract with a commercial cleaning establishment for the entire term of this Agreement. However, if no Nw commercial cleaning establishment is willing to bid for a cleaning contract at a rate that is competitive with those establishments willing to bid on an 13 Renton Police Officers' Guild, Police Commissioned 2009 annual basis, the Employer may enter an annual contract for cleaning , ; services. Section D. Hazardous Duty Pay. Hazardous duty pay in addition to regular pay shall be granted to certain employees in accordance with the following schedule: 1. Special Response Team - Members of the SRT shall be paid at the rate of time and one half with three (3) hours minimum when called to an emergency situation requiring their expertise. 2. Crisis Communication Unit — Members assigned to the Crisis Communication Unit will be paid at the rate of double-time with three (3) hours minimum when called to an emergency situation to assist the Special Response Team (SRT). 3. Civil Disturbance Unit — Members of the CDU shall be paid at the rate of double-time with three (3) hours minimum when called to an emergency situation requiring their expertise. Section E. Premium Pay. Premium pay in addition to regular pay shall be granted to certain employees in accordance with the following schedule: 1. Detective 3.0% per month 2. Traffic Assignment 3.0% per month 3. Canine Officer 3.0% per month 4. Corporal Assignment 7.5% per month 5. Training Officer 3.0% per month 6. Bicycle Officer* 3.0% per month 7. SRT Assignment 4.0% per month 8. SRO Assignment 3.0% per month 9. Field Training Officer 3.0% per month 10. Employees assigned to a 3/3 twelve (12) hours shift shall receive a schedule adjustment pay of 5.24% of base wage per month. This schedule adjustment pay reflects the addition of 109 hours worked per employee (2,189 total hours per year). * The Bicycle Officer premium listed above shall be paid to the one (1) current member of Bicycle patrol. At the conclusion of that Officer's current four-year assignment, the full-time Bicycle patrol premium will no longer exist. Officers temporarily assigned to Bicycle patrol will receive the premium only during those times when actually assigned, i.e. fair weather months, special emphasis projects, etc. 11. Physical Fitness — Due to calls for service limitations, employees are not allowed to exercise on duty. In recognition of an employee's personal time expended to maintain a level of fitness, the following program shall apply: 14 Renton Police Officers' Guild, Police Commissioned 2009 a. Employees who pass the entry-level physical fitness test shall Now° receive the fitness incentive premium for a period of one year following the successful test. The test is voluntary and will be offered at least three (3) times each year. b. The testing dates/times shall be posted on or before February 1st of each year. Employees who comply with the above shall be compensated with 3.0% of base pay in the form of deferred compensation. 12. Bargaining unit members who pass a City approved examination for interpreters will be compensated at the rate of 3% of base pay per month while certified. Employees who successfully pass the initial examination will be required to recertify annually. The City and Union agree that no more than six (6) certified interpreters shall receive bilingual compensation at any one time. Should there be more than 6 employees who qualify as certified interpreters under this provision, the City will determine who is to receive the premium based on proficiency (test scores) and the need for the employee's particular language skill. 13. Effective January 1, 2008, Sergeants assigned to the Traffic Unit and 'fir Investigations will no longer receive the 3% premium as stated above unless they have not been a Sergeant for 24 months prior to 2008. Premiums will remain in effect for Sergeants who were promoted in 2006 or 2007 until 2008 or 2009 depending on the promotion date. 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 with 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. 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. ARTICLE 7 - SICK LEAVE Section A. Sick Leave. 1. Commissioned officers hired after October 1, 1977 shall accrue sick leave at the rate of one (1) day per month with a maximum accumulation of one 15 Renton Police Officers' Guild, Police Commissioned 2009 hundred thirty two (132) days (1056 hours). For employees assigned to patrol working the 3/3 twelve (12) hour schedule, one (1) day is defined as `"" eight (8) hours. Sick leave benefits under this paragraph shall begin upon employment with the award of three (3) days (24 hours) of sick leave. Upon completion of the third month of employment an addition of three days (24 hours) shall be awarded. At the completion of six (6) full months of employment, the employee shall accrue sick leave at the rate of one (1) day (8 hours) per month. 2. The Employer will cash out at the rate of 50% all annual 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 either 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, or if approved by the I.R.S. employees may shift dollars from annual sick-leave cash out to pay pre-tax medical premiums. 3. Cash payment for sick leave accrued in accordance with subsection 2 will not be made upon an employee's death, retirement, or voluntary separation. 4. 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, or family members residing with the employee. Family emergencies shall include the need for an employee to be with his/her spouse and/or family at the time that the employee's spouse is giving birth to a child. Section B. Funeral 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, 10 hours, 12 hours). Immediate family shall consist of spouse, son, daughter, mother, father, brother, sister, mother-in-law, father-in-law, grandmother, grandfather, and/or grandchildren. Paid time off for funeral leave shall not be considered sick leave. Section C. LEOFF II Supplemental Disability Income Protection. If a LEOFF II employee is injured on the job and it is necessary for that employee to exhaust his/her accrued sick leave to supplement his/her Workers' Compensation entitlements, the Employer shall then, at the employee's written request, begin compensating the employee for the difference between his/her Workers' Compensation entitlement and his/her regular salary for a period not to exceed six (6) months from the date of the injury or until the termination of the disability, whichever comes first. To accomplish this, the Employer shall pay the employee his/her regular salary for said period and the employee shall receipt to the Employer all time loss payments received from Workers' Compensation. Section D. Employees assigned to patrol working the 3/3 twelve (12) hour schedule shall accrue sick leave at the rate of eight (8) hours per month consistent 16 Renton Police Officers' Guild, Police Commissioned 2009 with Section A above. For each day off taken as sick leave, the employee will use twelve (12) hours of sick leave. Section E. 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 assigned to patrol who are working the 3/3 twelve (12) hour schedule, shall stay on a 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 A. The following days shall be observed as legal holidays: 1. January 1 (New Year's Day) 2. Last Monday in May (Memorial Day) 3. July 4 (Independence Day) 4. First Monday in September (Labor Day) 5. November 11 (Veteran's Day) 6. Fourth Thursday in November (Thanksgiving) 7. The Friday following the fourth Thursday in November (Day after Noise Thanksgiving) 8. December 25 (Christmas) 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. 10 Any other day proclaimed by executive order and granted to other City employees. Section B. Any employee who works the following listed holidays shall be paid double his/her rate of pay for hours worked (midnight to midnight). 1. Thanksgiving Day 2. Christmas Day ARTICLE 9 - TUITION REIMBURSEMENT 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; (2) that the employee has received a grade of "C” or better or "pass" in a pass/fail grading system; (3) that such 17 Renton Police Officers' Guild, Police Commissioned 2009 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. ARTICLE 10 - EDUCATIONAL INCENTIVE 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 90 quarter or 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". ARTICLE 11 — PERSONAL LEAVE Section A. Accrual of Personal 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 0 through 5 years 16 6 through 10 years 20 11 through 15 years 22 16 through 20 years 24 21 and subsequent years 26 Maximum accumulation of personal leave time shall not exceed 528 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 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. Section B. Personal Leave Time shall be subject to the following rules: 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. *4 18 Renton Police Officers' Guild, Police Commissioned 2009 2. For the purpose of this Article, "actual service" shall be determined in the same manner as for salary purposes. 3. Employees, who are laid off, retired, dismissed, or who resign shall be paid for all accrued but unused personal leave time. 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. 5. An employee granted an extended leave of absence, which includes the next succeeding calendar year, shall be given proportionate personal leave earned in the current year before being separated from the payroll. 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. = 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. Section C. Scheduling and Using Personal Leave Time. The following rules shall govern the scheduling and usage of personal leave time. 1. The minimum personal leave allowance to be taken by an employee shall be one (1) hour. 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 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. 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. 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: 19 Renton Police Officers' Guild, Police Commissioned 2009 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 shall have precedence. Seniority shall be determined according to Article 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. Section 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. 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. 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. 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. 4. The Employer agrees not to cancel an approved vacation bid except in the event of an extreme emergency condition. 5. For purposes of this section, "penalty" shall refer to the overtime pay provisions of Article 4. Section E. 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 20 Renton Police Officers' Guild, Police Commissioned 2009 each day off. Employees assigned to a ten (10) hour schedule shall use ten (10) hours of personal leave for each day off. ARTICLE 12 - LONGEVITY Section A. Employees shall receive premium pay for longevity in accordance with Appendix B of this Agreement. Section B. Longevity allowances 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: •%me 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 goals in relationship to the Renton Employees' Healthcare Plan. Section A. Health Insurance. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150. Renton Police Officers Guild agrees to continue participation in the REHBT and to identify and support cost containment measures. Section B. The City will provide a medical/dental, vision, and prescription drug insurance plan for bargaining unit members and their eligible dependents. The City and Union agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of the Renton Police Officers Guild, other participating unions and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Members of the REHBT are authorized to make changes in the REHP from time to time without concurrence from their membership or the City Council during the term of this agreement. Each member union (not bargaining unit), and the City shall have one vote when considering any proposed changes to the REHP. 21 I Renton Police Officers' Guild, Police Commissioned 2009 Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote will result in no change in existing benefits. In 2009 the employee portion of the medical/dental premium shall remain at the same level as in 2008. The monthly premium cost shall be shared by the City and members of the bargaining unit who elect dependent coverage. The employee shall pay monthly pre-taxed premiums, beginning January 1, 2009, depending upon the dependent coverage outlined below. One dependent $20.00 Two dependents $35.00 Three or more dependents $50.00 Effective 01/01/2009, the City agrees to increase its share of the 2009 premium by 8 percent above the 2008 level. Any premium increase above 8 percent will be addressed by the REHBT through program redesign or a 50/50 split of the additional costs necessary to fund the REHP through 2009. Should premiums necessary to fund the projected REHP costs for 2009 increase less than 8 percent, the REHBT shall have the option to distribute the funds as they see fit proportionately to their constituents. Section C. RENTON EMPLOYEES' HEALTH PLAN BOARD OF TRUSTEES — Includes members of each participating Union. Each union will have a maximum of one (1) vote, i.e. the Renton Police Officers 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. 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. VOTING —A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. If no agreement can be reached on design changes and cost increases exceed the City's agreed contribution, then the additional cost will be split 50/50 by the City and the Members. Example — City takes first 8.0%; Cost increases 15.0%; City pays 50% of the additional 7.0% and members pay 50% of the additional 7.0%. Section D. Life Insurance. The Employer shall pay total premiums for all life `''O insurance coverage offered by the Employer. Life insurance coverage shall be as follows: 22 Renton Police Officers' Guild, Police Commissioned 2009 %low 1. Each employee shall receive a group term life insurance policy in the amount of his/her total annual salary including double indemnity. 2. Each employee's spouse shall receive a $1,000 group term life insurance policy. 3. Each employee's dependent shall receive a $1,000 group term life insurance policy. Section E. LEOFF II Disability. The Employer shall provide a payroll deduction for each LEOFF II employee who authorizes the Employer to deduct monies from the employee's paycheck to help defray the cost of a Guild designated on-duty disability insurance policy. Section F. False Arrest and Criminal Defense Coverage shall be provided by the Employer for all employees. 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 Now 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 G. Department contracted extra-duty employment. All department contracted extra-duty law-enforcement employment as a Renton Police Officer shall be authorized by the Chief of Police or designee prior to such employment. In order to ensure that officers who engage in extra-duty employment as Renton Police Officers, have adequate liability coverage, the City will pay officers' so employed at the rate of time and one half for top step patrol officers for such employment. The overtime provisions of this Agreement shall not apply to such employment. Time in excess of one hour shall be paid in pro rata 15-minute segments. The parties agree to make such changes in the wording of this provision as may be required to comply with the FLSA. Any officer working as a Renton Police Officer without the permission of the Department and paid directly by an employer other than the City of Renton shall not have Employer paid liability coverage and shall not be authorized to wear the Renton Police Department uniform. Section H. 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. In the event a like benefit cannot be obtained by the Employer, the parties will bargain regarding replacement of the benefit and related matters. 23 Renton Police Officers' Guild, Police Commissioned 2009 Section I. When a LEOFF II employee or dependents' 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 following the date the condition is declared fixed and stable. ARTICLE 15 - BILL OF RIGHTS Section A. 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 the City Ordinances, City 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 employee 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 B. Bill of Rights. 1. 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 Renton Police Officers' Guild shall be entitled to the protection of what shall hereafter be termed as the "Police Officers' Bill of Rights". 2. Non-probationary employees who become the subject of an internal investigation shall be advised in writing at least 24 hours prior to the interview that he/she is suspected of: a. Committing a criminal offense; b. Misconduct that would be grounds for termination, suspension, or other disciplinary action; or c. That he/she may not be qualified for continued employment with the Department. 3. Any employee who becomes the subject of an investigation may have legal counsel or a Guild representative present during all interviews. 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 discipline, the employee is entitled to have Guild representation to the extent permitted by law. 4. The employee under investigation must, at the time of an interview, be '""S informed of the name of the officer in charge of the investigation and the 24 Renton Police Officers' Guild, Police Commissioned 2009 name of the officer who will be conducting the interview. General Order 52.1.1 will govern the assignment of investigations (see Appendix C). 5. 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 appraised in writing of the allegations of such complaint 24 hours before any interview commences. Allegations are defined for the purpose of notification as the specific General Orders in violation. General Order 52.1.6 shall govern the notification process (see Appendix C). 6. The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty. Whenever possible, interviews shall be scheduled during the normal workday of the Employer. 7. 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 shall be furnished a copy of the completed investigation 72 hours prior to any pre-disciplinary Loudermill hearings. 8. Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. In all investigation Now 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. 9. All interviewing shall be limited in scope to activities, circumstances, or events which pertain to the employee's conduct or acts which may form the basis for disciplinary action under one (1) or more of the categories contained in Item 2 herein. 10. 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. 11. Upon the completion of the investigation and upon request, a copy of the entire file shall be provided to the employee. 12. To balance the interest of the Employer in obtaining a psychological evaluation of an employee to determine the employee's fitness for duty and Nifty 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 25 Renton Police Officers' Guild, Police Commissioned 2009 agreed upon by the Employer and the Guild shall be signed by the employee prior to the evaluation (see Appendix D). 13. 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. 14. 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. 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. 16. Investigations of members by the Employer shall be completed in a timely manner with a goal of completion within 30 days. Section C. Drug And Alcohol Testing. 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. 2. Before an employee may be tested for drugs, the Employer shall have individualized reasonable suspicion based on objective facts and reasonable inferences drawn there from, that a particular employee has engaged or is engaged in the use of illegal drugs and/or abuse of legal drugs (including alcohol). 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 Breath Alcohol Technician or any other person approved to operate an Evidential Breath Testing device.) a. Drug Testing An initial drug screen shall be performed using the Immunoassay (IA) method. 26 Renton Police Officers' Guild, Police Commissioned 2009 ii. Any positive results on the initial drug-screening list shall be New confirmed through use of Gas Chromatography/Mass Spectrometry. iii. 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). iv. 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 notify the designated department representative and employee of the test results. b. 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. Now c. Confirmation of Test Results 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. ii. 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 choice for testing by gas chromatography/mass spectrometry. iii. 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 A. 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 N410., Section B. Subject to the provisions of this Agreement, the Employer reserves the right: 27 Renton Police Officers' Guild, Police Commissioned 2009 1. to recruit, assign, transfer, and promote members to the positions within the Department; 2. to suspend, demote, discharge, or take other disciplinary action against members for just cause; 3. to relieve members from duties because of lack of work, lack of funds, the occurrence of conditions outside Department control; or when the continuation of work would be wasteful and unproductive; 4. to determine methods, means, and personnel necessary for departmental operations; 5. to control the department budget; 6. to take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department; 7. to determine classification, status, and tenure of employees; 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. Section A. Definitions. 1. Grievance: Any issue relating to interpretation, application, or enforcement of any provision contained in this Agreement. 2. Issue: Any dispute, complaint, problem, or question arising with respect to working conditions or employer-employee relations of any nature or kind whatsoever. 3. Guild Representative: A Guild member designated by the Guild President as a bargaining representative. Section B. 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 28 Renton Police Officers' Guild, Police Commissioned 2009 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. Step (1) The employee(s) and/or Guild Representative shall submit the grievance/issue in writing to the Division Commander 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 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 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. 29 Renton Police Officers' Guild, Police Commissioned 2009 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. Section 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. Section B. The parties recognize and agree to abide by the provisions of RCW 41.56.490. 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. An interest arbitrator may also change contract provisions legally before him or her in an interest arbitration. 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 A. 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 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. ,4100 30 Renton Police Officers' Guild, Police Commissioned 2009 If an employee is leaving on vacation, an early check request authorized by the Now' immediate supervisor may be granted provided the check has been processed and is ready for disbursement. Section B. 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 A. 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 B. 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 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 change(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 C. 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. 31 Renton Police Officers' Guild, Police Commissioned 2009 Section E. 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 up 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. Ned 32 Renton Police Officers' Guild, Police Commissioned 2009 ARTICLE 23 - DURATION OF AGREEMENT 4400, Unless otherwise agreed, this Agreement shall become effective January 1, 2009, and shall remain in force until December 31, 2009. Signed this day of , 2008, at Renton, Washington. CITY OF RENTON POLICE OFFICERS' GUILD Denis Law, Mayor Michael Weisz, President Kevin Milosevich, Police Chief Bill Judd, Member Nancy Carlson, Human Resources & Michael Luther, Member Risk Management Administrator Now Michael R. Webby, Consultant Steve Ritchie, Member Eileen Flott, Human Resources David Skelton, Member Manager Timothy Troxel, Deputy Chief Janelle Tarasewicz, Human Resources Analyst ATTEST: Bonnie I. Walton, City Clerk 33 Renton Police Officers' Guild, Police Commissioned 2009 Approved as to legal form: , adioo Lawrence J. Warren, City Attorney 34 Renton Police Officers' Guild, Police Commissioned 2009 APPENDIX A SALARIES Section A - Salary Schedule. Effective January 1, 2009, salaries shall be increased by 5.5%. The following salary schedule is effective January 1, 2009 for employees hired on or after the effective date of this Agreement. Classification Start 12 Months 24 Months 36 Months 48 Months Police Sergeant $6953 $7301 Patrol Officer $4518 $4900 $5286 $5664 $6046 Section B - Accreditation Premium. The Employer will deposit one percent (1.0%) of the employee's base wage into the deferred compensation plan for each employee as a premium for accreditation of the police department. Section C - Deferred Compensation. 1. In exchange for thirty (30) hours of in-service training under Article 4 of this Agreement at the prevailing straight time rate, the Employer shall make a contribution equal to one-half percent (0.5%) of the employee's base wage toward gwr the employee's deferred compensation plan. 2. In exchange for savings realized through modifying the salary scale, effective January 1, 1997, the Employer shall contribute one and one-half percent (1.5%) of the employee's base wage into the employee's deferred compensation plan. 3. The combined deferred compensation contribution from Sections B and C of this Appendix shall be 3.0% 35 Renton Police Officers' Guild, Police Commissioned 2009 APPENDIX B EDUCATION/LONGEVITY SCHEDULE Employees shall receive longevity pay according to the following scale: Completion of 5 years — 2% of base wage Completion of 10 years — 4% of base wage Completion of 15 years— 6% of base wage Completion of 20 years — 10% of base wage Completion of 25 years — 12% of base wage Employees shall receive educational pay according to the following scale: AA Degree/90 Credits — 4% of base wage BA Degree/Masters -- 6 % of base wage Nigie 36 Renton Police Officers' Guild, Police Commissioned 2009 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 '4""" 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 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 37 Renton Police Officers' Guild, Police Commissioned 2009 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; 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 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: Nmeri a. Failure to take proper police action; 38 Renton Police Officers' Guild, Police Commissioned 2009 b. Slow or no response; w 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: 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. 39 Renton Police Officers' Guild, Police Commissioned 2009 C. The investigating officer will commence his investigation on the basis of the complaint. 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 , 4101 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. 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); , 44.0 40 Renton Police Officers' Guild, Police Commissioned 2009 e. Investigation - including a chronological summary of Now"- 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. V. 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. 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. Noire 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 The Deputy Chief is responsible for the Internal Affairs component, and reports directly to the Chief of Police. Now 52.1.3 Complaints - Notifying the Chief of Police 41 Renton Police Officers' Guild, Police Commissioned 2009 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. 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 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; 4,104 C. The employee's rights and responsibilities relative to the investigation. 42 Renton Police Officers' Guild, Police Commissioned 2009 44%.00, 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. 52.1 .7 Conditions for Additional Investigation 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; Now 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 Supervisors or command officers may temporarily relieve an employee from duty with pay, under the following circumstances: 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 14610, supervisor or command officer relieving the employee from duty will also report to the Chief of Police with all the necessary reports. The Deputy 43 Renton Police Officers' Guild, Police Commissioned 2009 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 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; 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. ,4411 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 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. A. The Administrative Secretary maintains a complaint log of all formal complaints, which is maintained by the office of the Chief of Police. 44 Renton Police Officers' Guild, Police Commissioned 2009 B. Supervisory and Command personnel are responsible to securely Name 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. 'err► 45 APPENDIX D NINO 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: W 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; WIf unable to work at this time,when I can reasonably be expected to return to work at my regular duties; WAny 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 V confidential medical records than the Americans with Disabilities Act allows, and the examining physician is instructed accordingly. PATIENT DATE `err AGREEMENT By and Between CITY OF RENTON and .1t""' NON-COMMISSIONED EMPLOYEES OF THE RENTON POLICE OFFICERS' GUILD January 1, 2009 — December 31, 2009 Police Non-Commissioned 2009 TABLE OF CONTENTS Preamble 3 Article 1 Recognition and Bargaining Unit 3 Article 2 Union Membership and Dues Deduction 3 Article 3 Employment Practices 5 Article 4 Hours of Duty and Overtime 7 Article 5 Salaries 11 Article 6 Allowances and Premiums 11 Article 7 Sick Leave 14 Article 8 Holidays 15 Article 9 Tuition Reimbursement 15 Article 10 Educational Incentive 16 Article 11 Personal Leave 16 Article 12 Longevity 19 Article 13 Pensions 19 Article 14 Insurances 19 Article 15 Bill of Rights 21 Article 16 Management Rights 24 Article 17 Grievance Procedure 25 Article 18 Performance of Duty 27 Article 19 Retention of Benefits 27 Article 20 Pay Days 27 Article 21 Savings Clause 28 Article 22 Entire Agreement 30 Article 23 Duration of Agreement 30 Appendix A Salaries 32 Appendix B Longevity/Education Premiums 33 Appendix C General Order No. 52.1 34 Appendix D Medical Release Form 42 2 Police Non-Commissioned 2009 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 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. 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 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 (5) members each, unless waived by mutual agreement of the parties. ARTICLE 2 - UNION MEMBERSHIP AND DUES DEDUCTION Section A. 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. Section B. Union Security 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. 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 Police Non-Commissioned 2009 3. Any employee failing to comply with subsections B.1 or B.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. 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. 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. Section C. Union Officials' Time Off. 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 Nerel when necessary to attend such meetings. 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. 3. The Employer retains the right to restrict time off under subsections 1 and 2 above if an emergency exists or when such time off would unreasonably impact departmental operations. Section 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 '4400 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 4 Police Non-Commissioned 2009 the exception of those caused by the Employer's negligence, arising out of the Employer's activities to enforce the provisions of this Article. Nikiny ARTICLE 3 - EMPLOYMENT PRACTICES Section A. Personnel Reduction. Whenever it becomes absolutely necessary through lack of finances or for any other reasonable purpose to reduce the number of employees in the bargaining unit, such reductions shall be carried out based on seniority in accordance with the following: 1. Seniority— Seniority will be determined by the employees 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. 2. Probationary Employees (first appointment) — in reverse order of seniority; the one with the least seniority being laid off first. 3. Non-Supervisory Regular Employees - in reverse order of seniority; the one with the least seniority being laid off first. N,,,,, 4. Supervisors — In the event it becomes necessary to reduce the number of employees of supervisory rank, the following shall occur: a. Lead Specialist reduced to Specialist. b. Supervisor reduced to Lead Specialist— in reverse order of seniority in rank; the one with the least service in the position of Supervisor being reduced in rank first. c. Sergeant reduced to Jailer- in reverse order of seniority in rank; the one with the least service in the position of Sergeant being reduced in rank first. 5. Reinstatement — Employees laid off or reduced in rank shall be recalled to vacant positions in order of their department seniority; a. Non-Supervisory Regular Employees - the employee with the greatest seniority being recalled first. b. Supervisory Employees — The employee with the greatest seniority in rank being reinstated first. An employee may be recalled within two (2) years from the date of layoff. limov5 Police Non-Commissioned 2009 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. Section C. Personnel Files. 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 also be made available to the elected or appointed officers of the Guild at the request of the affected employee. 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 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 4.1110 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 6 Police Non-Commissioned 2009 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. Section 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 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. Section F. Non-Discrimination. The Employer and the Guild agree that neither shall unlawfully discriminate against any person because of race, color, religion, sex, age, marital status, 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 Fair Practices Policy. ARTICLE 4 - HOURS OF DUTY AND OVERTIME Section A. Hours of Duty. 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. 1. 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. The schedules shall be: 2. 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 wage per month. This schedule adjustment pay reflects the addition of 109 hours worked per employee (2189 total hours per year). 3. Electronic Home Detention Officer(EHD) shall work a 9/80 schedule. 4. Evidence Technicians shall work four (4) consecutive ten (10) hour days on, followed by three (3) consecutive days off. 7 Police Non-Commissioned 2009 If for any reason either the EHD or Evidence Technician 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. .4011 5. Police Service Specialists shall work four (4) consecutive ten (10) hour days on, followed by three (3) consecutive days off. 6. Animal Control Officers shall work four (4) consecutive ten (10) hour days on, followed by three (3) consecutive days off. 7. The Traffic Controller shall work four (4) consecutive eight (8) hour days on, followed by three (3) consecutive days off. 8. 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). 9. Community Program Coordinators shall work a 9/80 schedule. 10. The Domestic Violence Victim's Advocate shall work five (5) consecutive eight (8) hour days on, followed by two (2) consecutive days off schedule, Monday through Friday. The rotation of personnel between shifts shall be minimized within the '" roi 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. Section B. Overtime. 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 will not be paid for hours in excess of a scheduled shift resulting from a regularly scheduled shift rotation. 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. 3. All employees shall be paid time and one-half for each hour worked in ""' oi excess of forty (40) hours in one week, provided, these overtime hours have not already been paid under Section B.1 above. 8 Police Non-Commissioned 2009 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. 5. Employees may not accumulate less than fifteen (15) minute increments of overtime. 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. Section 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.B.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. 1. Three (3) hours for any court or related hearing located in Renton. 2. Four(4) hours for any court or related hearing outside the City of Renton. ,, 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. Two (2) hours for any other unspecified overtime including in-person meetings with the prosecutor's office or defense counsel Section 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 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. Section 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 Nosy employee is actually called to work, standby pay shall cease at that moment and normal overtime rules shall apply. 9 Police Non-Commissioned 2009 Section F. Compensation for Training. 4040 1. The Employer shall have a reasonable obligation to attempt to schedule training during the employee's regular shift. 2. 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) When the training occurs on the first scheduled workday of the shift, the employee shall be relieved of duty sixteen (16) hours following the conclusion of the training. (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. (c) 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. 3. Training Requiring Overnight Accommodations: Employees who attend training that requires overnight accommodations shall be paid 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 training was voluntary, no compensation will be paid for travel and lodging time. 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. 10 Police Non-Commissioned 2009 (b) Members will receive the full per diem regardless of what they actually spend. 4q4lar (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). Section G. Early Release. 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 having to report to duty without loss of time or overtime minimums. 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. 3. 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 '*141w make every effort to ensure that employees do not work more than sixteen (16) hours in a workday. ARTICLE 5- SALARIES Section A. The Employer agrees to maintain salaries in accordance with 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 A. Clothing Allowance. 1. Community Program Coordinators, Crime Analyst, and Domestic Violence Victim's Advocate shall receive $550 per year as clothing allowance. N,,, 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 11 • Police Non-Commissioned 2009 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. 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. 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. Section 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: 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 •wrr�' once approved by the Chief of Police or designated appointee may be purchased by the employee and be reimbursed by the quartermaster system. 2. Optional uniforms and equipment may be purchased by the employees at their own request. 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. Section C. Uniform Cleaning. The Employer will provide those non- commissioned employees participating in the quartermaster system with contract cleaning 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. Section D. Hazardous Duty Pay. Hazardous duty pay in addition to regular pay shall be granted to certain employees in accordance with the following schedule: 1. Crisis Communication Unit — Members assigned to the Crisis Communication Unit will be paid at the rate of doubletime with three (3) hour ,4201 minimum when called to an emergency situation to assist the Special Response Team (SRT). 12 Police Non-Commissioned 2009 env Section E. Premium Pay 1. Police Service Specialists and Jailers who are assigned to train or supervise new employees shall be compensated with one (1) hour of Field Training Officer (FTO) pay at the straight time rate for each day of such training and/or supervision. Such training premium shall not be received by the Lead Police Service Specialist, Police Services Specialist Supervisor or Jail Sergeants. 2. Bargaining unit members who pass a City approved examination for interpreters will be compensated at the rate of two percent (2%) per month while certified. Employees who successfully pass the initial examination will be required to recertify annually. The City and Union agree that no more than three (3) certified interpreters shall receive bilingual compensation at any one time. 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. 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. Section H. Physical Fitness. In recognition of an employee's personal time expended to maintain a level of fitness, the following program shall apply: 1. Non-commissioned employees who pass the Correctional Officer's 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. 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. 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 '44111.- compensation. 13 Police Non-Commissioned 2009 ARTICLE 7- SICK LEAVE Section A. Sick Leave. 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). 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. 3 Cash payment for sick leave accrued in accordance with subsection two (2) will not be made upon an employee's death, retirement, or voluntary separation. 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. 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, or family members residing with the employee. Family emergencies shall include the need for an employee to be with his spouse and/or family at the time that the employee's spouse is giving birth to a child. Section B. Funeral 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, and/or grandchildren. Paid time off for funeral leave shall not be considered sick leave. Section C. 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. 14 Police Non-Commissioned 2009 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%. 4400, However, their actual hours of duty may change to better utilize their skills in a light duty assignment. ARTICLE 8- HOLIDAYS Section A. The following days shall be observed as legal holidays: 1. January 1 (New Year's Day) 2. Last Monday in May (Memorial Day) 3. July 4 (Independence Day) 4. First Monday in September(Labor Day) 5. November 11 (Veteran's Day) 6. Fourth Thursday in November(Thanksgiving) 7. The Friday following the fourth Thursday in November (day after Thanksgiving) 8. December 25 (Christmas) 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. 10. Any other day proclaimed by executive order and granted to other City employees. Section B. Any employee who works on the following listed holidays shall be paid double his/her rate of pay for hours worked (midnight to midnight): 1. Thanksgiving Day 2. Christmas Day ARTICLE 9 - TUITION REIMBURSEMENT Section 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. Now- 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 15 Police Non-Commissioned 2009 Employer for approval, and obtain approval, prior to attending or prior to incurring a cost. ,,may Section B. Reimbursement in accordance with Section A 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 who fails 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. 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. 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". ARTICLE 11 — PERSONAL LEAVE Section A. Accrual of Personal 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 0 through 5 years 16 6 through 10 years 20 11 through 15 years 22 16 through 20 years 24 21 and subsequent years 26 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 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 41010 per year. 16 Police Non-Commissioned 2009 Section B. Personal Leave Time shall be subject to the following rules: 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. 2. For the purpose of this Article, "actual service" shall be determined in the same manner as for salary purposes. 3. Employees, who are laid off, retired, dismissed, or who resign shall be paid for all accrued but unused personal leave time. 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. 5. An employee granted an extended leave of absence, which includes the next succeeding calendar year, shall be given proportionate personal leave earned in the current year before being separated from the payroll. 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. 7. In the event that an employee becomes ill or injured while he/she is on sow 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. Section C. Scheduling and Using Personal Leave Time. The following rules shall govern the scheduling and usage of personal leave time. 1. The minimum personal leave allowance to be taken by an employee shall be one (1) hour. 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 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. 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. 17 Police Non-Commissioned 2009 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 'r• 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 shall have precedence. Seniority shall be determined according to Article 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. Section 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. 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. 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. 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. 4. The Employer agrees not to cancel an approved vacation bid except in the event of an extreme emergency condition. 100. 5. For purposes of this section, "penalty" shall refer to the overtime pay provisions of Article 4. 18 Police Non-Commissioned 2009 Section E. The number of leave hours used for each day off shall be'4000, 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. Employees assigned to a ten (10) hour schedule shall use ten (10) hours of personal leave for each day off. ARTICLE 12- LONGEVITY Section A. Employees shall receive premium pay for longevity in accordance with Appendix B of this Agreement. 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 goals in relationship to the Renton Employees' Healthcare Plan. Section A. Medical coverage shall be provided in accord with the laws of the State of Washington, RCW 41.26.150. Renton Police Officers Guild agrees to continue participation in the REHBT and to identify and support cost containment measures. Section B. The City will provide a medical/dental, vision, and prescription drug insurance plan for bargaining unit members and their eligible dependents. The City and Union agree to jointly manage the REHP during the term of this agreement. The REHBT is comprised of the Renton Police Officers Guild, other participating unions and the City, and will meet at least quarterly to review the REHP including costs associated with the REHP. Members of the REHBT are authorized to make changes in the REHP from time to time without concurrence from their membership or the City Council during the term of this agreement. Each member union (not bargaining unit), and the City shall have one vote when considering any proposed changes to the REHP. 19 Police Non-Commissioned 2009 Changes in the REHP will be determined by a majority of the votes cast by REHBT members. A tie vote will result in no change in existing benefits. In 2009 the employee portion of the medical/dental premium shall remain at the same level as in 2008.The employee shall pay monthly pre-taxed premiums, beginning January 1, 2009, in the amount of$46.00. Effective 01/01/2009, the City agrees to increase its share of the 2009 premium by 8 percent above the 2008 level. Any premium increase above 8 percent will be addressed by the REHBT through program redesign or a 50/50 split of the additional costs necessary to fund the REHP through 2009. Should premiums necessary to fund the projected REHP costs for 2009 increase less than 8 percent, the REHBT shall have the option to distribute the funds as they see fit proportionately to their constituents. RENTON EMPLOYEES' HEALTH PLAN BOARD OF TRUSTEES — Includes members of each participating union. Each union will have a maximum of one (1) vote, i.e. the Renton Police Officers Guild has two (2) bargaining units but only receives one (1) vote on the REHBT. The City only receives one (1) vote. 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. 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. VOTING —A tie vote of the REHBT members related to a proposed plan design change will result in continuing the current design. If no agreement can be reached on design changes and cost increases exceed the City's agreed contribution, then the additional cost will be split 50/50 by the City and the Members. Example — City takes first 8.0%; Cost increases 15.0%; City pays 50% of the additional 7.0% and members pay 50% of the additional 7.0%. Section C. Life Insurance. 1. Each employee shall receive an Employer-paid life insurance policy equal to employee's annual salary, to nearest $1,000, including double indemnity. 2. Each employee's spouse shall receive a $1,000 group term life insurance policy. 3. Each employee's dependent shall receive a $1,000 group term life insurance policy. Section D. 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. 20 Police Non-Commissioned 2009 Section E. 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 F. 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 A. 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 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 B. Bill of Rights. 1. 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 Renton Police Officers' Guild shall be entitled to the protection of what shall hereafter be termed as the "Police Officers' Bill of Rights". 2. Non-probationary employees who become the subject of an internal investigation shall be advised in writing at least twenty-four (24) hours prior to the interview that he/she is suspected of: a. committing a criminal offense; b. misconduct that would be grounds for termination, suspension, or other disciplinary actions; or, c. that he/she may not be qualified for continued employment with the Department. 3. Any employee who becomes the subject of an investigation may have legal counsel or a Guild representative present during all interviews. 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 *4400, a criminal charge. In any investigation that may lead to discipline, the 21 Police Non-Commissioned 2009 employee is entitled to have Guild representation to the extent permitted by law. 4. 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). 5. 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. General Order 52.1.6 shall govern the notification process (see Appendix C). 6. The interview of any employee shall be at a reasonable hour, preferably when the employee is on duty. Whenever possible, interviews shall be scheduled during the normal workday of the Employer. 7. 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 8. 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. 9. All interviewing shall be limited in scope to activities, circumstances, or events, which pertain to the employee's conduct or acts which may form the basis for disciplinary action under one or more of the categories contained in Item 2 herein. 10. 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. 11. Upon the completion of the investigation and upon request, a copy of the entire file shall be provided to the employee. 22 Police Non-Commissioned 2009 12. To balance the interest of the Employer in obtaining a psychological evaluation of an employee to determine the employee's fitness for duty and *,,e 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 the Employer and the Guild shall be signed by the employee prior to the evaluation (see Appendix D). 13. 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. 14. 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. 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 No regarding use of lethal force. 16. Investigations of members by the Employer shall be completed in a timely manner with a goal of completion within thirty (30) days. Section C. Drug and Alcohol Testing 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. 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). 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. �.r (* Initial alcohol testing may be performed by a Certified Breath Alcohol 23 Police Non-Commissioned 2009 Technician or any other person approved to operate an Evidential Breath Testing device.) a. Drug Testing An initial drug screen shall be performed using the Immunoassay (IA) method. ii. Any positive results on the initial drug-screening list shall be confirmed through use of Gas Chromatography/Mass Spectrometry. iii. 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). iv. 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 notify the designated department representative and employee of the test results. b. 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. c. Confirmation of Test Results 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. ii. 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 choice for testing by Gas Chromatography/Mass Spectrometry. iii. 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 A. The Guild recognizes the prerogative of the Employer and the Chief of Police to operate and manage Police Department affairs in all respects, in 24 Police Non-Commissioned 2009 accordance with its responsibilities and the powers of authority which the Employer has not officially abridged, delegated, or modified by this Agreement. 4100, Section B. Subject to the provisions of this Agreement, the Employer reserves the right: 1. to recruit, assign, transfer, and promote members to the positions within the Department; 2. to suspend, demote, discharge, or take other disciplinary action against members for just cause; 3. to relieve members from duties because of lack of work, lack of funds, the occurrence of conditions outside Department control; or when the continuation of work would be wasteful and unproductive; 4. to determine methods, means, and personnel necessary for Departmental operations; 5. to control the Department budget; 6. to take whatever actions are necessary in emergencies in order to assure the proper functioning of the Department; 441100, 7. to determine classification, status, and tenure of employees; 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. Section A. Definitions. 1. Grievance: Any issue relating to interpretation, application, or enforcement of any provision contained in this Agreement. 2. Issue: Any dispute, complaint, problem, or question arising with respect to working conditions or employer-employee relations of any nature or kind whatsoever. Nriare 25 Police Non-Commissioned 2009 3. Guild Representative: A Guild member designated by the Guild President as a bargaining representative. Section B. 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 an/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. 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 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 26 Police Non-Commissioned 2009 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, Nome provided, however, that no authority is granted to the arbitrator to modify, amend, or delete any terms of this Agreement. 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. Section 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 4410100, 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. 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 A. Employees shall be paid twice each month and any employee who is Now- 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 27 Police Non-Commissioned 2009 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. 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 B. 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 A. 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 B. 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 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 C. 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. Section E. 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 28 Police Non-Commissioned 2009 that may arise regarding Article 19, Retention of Benefits. Statutory provisions for resolution of impasses reached in collective bargaining, and contractual provisions lame for resolution of grievances arising out of such FLSA issues shall apply. 29 Police Non-Commissioned 2009 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. ARTICLE 23 DURATION OF AGREEMENT DURATION OF CONTRACT: JANUARY 1, 2009 - DECEMBER 31, 2009 Signed this day of , 2008 at Renton, Washington. CITY OF RENTON RENTON POLICE GUILD (NON-COMMISSIONED) Denis Law, Mayor Michael Weisz, President Kevin Milosevich, Police Chief Augustine Abram, Member Nancy Carlson, Human Resources & Dana Dipola, Member Risk Management Administrator Michael R. Webby, Consultant Chad Jay, Member Eileen Flott, Human Resources Michael Luther, Member Manager 30 Police Non-Commissioned 2009 ,yam; Timothy Troxel, Deputy Chief Darrell Pilat, Member Janelle Tarasewicz, Human Resources Terri Vickers, Member Analyst ATTEST: Bonnie I. Walton, City Clerk Approved as to legal form: Lawrence J. Warren, City Attorney 44,40, 31 Police Non-Commissioned 2009 APPENDIX A Section A. Effective January 1, 2009, the base wages for all positions represented by the bargaining unit shall be increased by a 5.5% COLA. Section B. Effective January 1, 2009, the salary schedule shall be as follows: 12Mos 12 Mos. 12 Mos. 12 Mos. 49 + Mos. Step A Step B Step C Step D Step E Parking Enforcement 2781 3023 3361 3734 3916 Officer Police Secretary 3089 3336 3671 4040 4239 Police Service Specialist 3299 3562 3921 314 4527 Police Service Specialist (7.5% over Step E of Police Service 4867 Lead Specialist) Police Service Specialist (15.% over Step E of Police Service 5206 Supervisor Specialist) Animal Control Officer 3576 3866 4252 4676 4909 Jailer 3576 3866 4252 4676 4909 Jail Sergeant (15% over step E of Jailer) 5645 Evidence Technician 3791 4092 4504 4955 5209 Electronic Home 3974 4290 4723 5192 5450 Detention Jailer Police Community 4028 4352 4781 5155 5414 Program Coord.- Domestic Violence Victim 3760 4084 4540 4989 5253 Advocate Crime Analyst 4028 4352 4781 5155 5414 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 department, and shall remain in effect throughout the life of this Agreement. 32 Police Non-Commissioned 2009 APPENDIX B 2009 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% Employees shall receive educational pay according to the following scale: AA Degree/90 credits — 4% BA/BS Degree/Masters — 6% 1440., 33 Police Non-Commissioned 2009 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 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. 34 Police Non-Commissioned 2009 1. Deputy Chief will assign complaints and allegations of misconduct for investigation; 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 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: 35 Police Non-Commissioned 2009 1. Will be conducted on all signed Police/Citizen Complaints; vvid 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: 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: The accused employee's supervisor; 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. 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: Retain the accused employee in current assignment. 36 Police Non-Commissioned 2009 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. 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. V. 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. 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. 37 Police Non-Commissioned 2009 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. 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. 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; 38 Police Non-Commissioned 2009 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. 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: A. The employee is unfit for duty due to physical or psychological reasons (i.e. intoxication, etc.). 39 46. Police Non-Commissioned 2009 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; 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; Nei 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. A. The Administrative Secretary maintains a complaint log of all formal complaints, which is maintained by the office of the Chief of Police. *1101 40 Police Non-Commissioned 2009 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. New 1400., 41 , APPENDIX D W4I, ,hereby release Dr. CID To provide the following medical information to my employer. In 41°%t accordance with sections 102(c)(B), 102(c)(C) and 102(c)(4)(C)of the ;IIIT4 Americans with Disabilities Act,the above-named doctor is required to maintain all medical records in association with the examination of me on *Mill separate forms and in separate medical files and must treat those records as a confidential record with the following exceptions: oPifild The above—named doctor may advise my employer regarding: /IIIIIIIIIII 1. Psychological or physical fitness to perform all the essential functions of my current job classification; 2. If unable to perform all those functions,the duties that I am '1401 able to perform and which duties I am not able to perform; *111114 3. If unable to work at this time,when I can reasonably be illitexpected to return to work at my regular duties; 4. Any necessary restrictions on my work or duties; CP? 5. Any necessary accommodations which may be required to allow me to perform the essential functions of my current job *0 classification; and 6. 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 W4confidential medical records than the Americans with Disabilities Act allows, and the examining physician is instructed accordingly. PATIENT DATE 4 CITY OF RENTON COUNCIL AGENDA BILL AI#: 7- • Submitting Data: Public Works Department For Agenda of: `J Dept/Div/Board.. Transportation Systems Division November 3, 2008 Staff Contact Juliana Fries, extension 7232 Agenda Status Consent X Subject: Public Hearing.. Correspondence.. SW 27th Street/Strander Boulevard Connection- High Ordinance Priority Project Federal Grant - Local Agency Resolution X Agreement Old Business Exhibits: New Business X Study Sessions Issue Paper Information WSDOT Local Agency Agreement WSDOT Local Agency Federal Aid Project Prospectus Recommended Action: Approvals: Legal Dept X Council Concur Finance Dept Other • Fiscal Impact: (317.012707) 0' Expenditure Required... Transfer/Amendment Amount Budgeted $10,080,000 (2008) Revenue Generated $ 684,380 Total Project Budget $54,760,000 City Share Total Project.. SUMMARY OF ACTION: The SW 27th Street/Strander Boulevard Connection was selected for a federal transportation grant High Priority Funds of$684,380, with no City match required. The City recently executed a supplemental agreement for design of the Union Pacific Railroad track relocation (Phase 1 Segment 2a). This Interlocal Agreement is necessary to provide funding for a portion of the additional design required. STAFF RECOMMENDATION: Authorize the Mayor and City Clerk to enter into the Local Agency Agreement with the Washington State Department of Transportation for the obligation of grant funding and all subsequent agreements necessary to accomplish design and construction of this project. H:\Division.s\TRANSPOR.TAT\PLANNING\Juliana\Agenda Bill\2009\AB 2008 Strander.doc • `S 0 PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: November 3, 2008 TO: Marcie Palmer, President Members of the Renton Cit Council VIA: Denis Law, Mayor17)14.2PL.� FROM: Gregg ZimmermarQLinistrator STAFF CONTACT: Juliana Fries, Transportation Program Development Coordinator(extension 7232) SUBJECT: SW 27th Street/Strander Boulevard Connection - High Priority Project Federal Grant - Local Agency Agreement ISSUE: Should the City of Renton sign the Local Agency Agreement with the Washington State Department of Transportation (WSDOT) to obligate federal grant funding for the SW Now, 27th Street/Strander Boulevard Connection project? RECOMMENDATION: Authorize the Mayor and City Clerk to enter into the Local Agency Agreement with the Washington State Department of Transportation for the obligation of grant funding and all subsequent agreements necessary to accomplish design and construction of this project. BACKGROUND: This project will provide a new connection from East Valley Road (Renton) to West Valley Road (Tukwila) through SW 27th Street/Strander Boulevard. Phase 1, Segment 2a of the SW 27th Street/Strander Boulevard Connection project involves relocation of the Union Pacific Railroad (UPRR) tracks to allow for one structure to be built over the tracks. The structure (bridge) will provide a grade separation connection between SW 27th Street and Strander Boulevard. Marcie Palmer,President Members of the Renton City Council November 3,2008 Page 2 The City recently executed a supplemental agreement for design of the UPRR track relocation. We will use the full $684,380 to provide for a portion of the funding necessary for design of Phase 1, Segment 2a. cc: Peter Hahn, Deputy PW Administrator- Transportation Jim Seitz, Planning and Programming Supervisor Juliana Fries, Program Development Coordinator Rob Lochmiller, Project Manager Vidya Vinod, Finance Grants Accountant Connie Brundage, Administrative Secretary H:\Division.s\TRANSPOR.TAT\PLANNING\Juliana\Issue Papers\2008\IP Grant Strander.doc Departtmment of fI/ f Transportation Local Agency Agreement Agency City of Renton CFDA No. 20.205 (Catalog of Federal Domestic Assistance) ddress 1055, S Grady Way Project No. Renton, WA 98057 Agreement No. For OSC WSDOT Use Only The Local Agency having complied, or hereby agreeing to comply, with the terms and conditions set forth in(1)Title 23,U.S.Code Highways,(2) the regulations issued pursuant thereto, (3) Office of Management and Budget Circulars A-102, A-87 and A-133, (4) the policies and procedures promulgated by the Washington State Department of Transportation, and (5) the federal aid project agreement entered into between the State and Federal Government,relative to the above project,the Washington State Department of Transportation will authorize the Local Agency to proceed on the project by a separate notification. Federal funds which are to be obligated for the project may not exceed the amount shown herein on line r, column 3, without written authority by the State,subject to the approval of the Federal Highway Administration.All project costs not reimbursed by the Federal Government shall be the responsibility of the Local Agency. Project Description Name Strander Blvd/SW 27th St.Phase 1, Segment 2a Length 0.24 miles Termini Strander Blvd.(Tukwila)to SW 27th St(Renton) Description of Work Design and construction of the relocation of the UPRR railroad tracks to allow for a single structure to be built over the tracks. This phase includes design and construction for: a)railroad bridges over Longacres Way;b)railroad bridge at a new pedestrian crossing for the future Sound Transit Station location;c)structure to protect the 60-inch Seattle Public Utilities Water line;d)structure to protect the 36-inch Metro Sanitary Sewer line;e)retaining walls. Estimate of Funding Type of Work (1) (2) (3) Estimated Total Estimated Agency Estimated Project Funds Funds Federal Funds `E a.Agency -100-_ % b. Other Consultant 679,380.00 - _ 679,380.00 c. Other Consultant 0.00 Federal Aid — Participation d. State 5,000.00 _ 5,000.00 Ratio for PE e.Total PE Cost Estimate(a+b+c+d) 684,380.00 684,380.00 Right of Way f.Agency g. Other h. Other Federal Aid - Participation i. State Ratio for RW j.Total R/W Cost Estimate(f+g+h+i) Construction k. Contract I. Other m. Other — -- - - - -n. Other o.Agency Federal Aid p State Participation Ratio for CN q.Total CN Cost Estimate(k+l+m+n+o+p) r.Total Project Cost Estimate(e+j+q) 684,380.00 684,380.00 Agency Official Washington State Department of Transportation By By itle Assistant Secretary for Highways and Local Programs Date Executed DOT Form 140-039 EF 1 Revised 09/2008 Construction Method of Financing (Check Method Selected) State Ad and Award ❑ Method A-Advance Payment-Agency Share of total construction cost(based on contract award) ❑ Method B Withhold from gas tax the Agency's share of total construction cost(line 4,column 2)in the amount ofNod $ at$ per month for months. Local Force or Local Ad and Award ❑ Method C-Aaencv cost incurred with partial reimbursement The Local Agency further stipulates that pursuant to said Title 23, regulations and policies and procedures,and as a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set forth below.Adopted by official action on ,Resolution/Ordinance No. Provisions I. Scope of Work 1.Preliminary engineering. The Agency shall provide all the work, labor, materials, and services 2.Right of way acquisition. necessary to perform the project which is described and set forth in detail in the 3.Project construction. "Project Description"and"Type of Work." In the event that right of way acquisition,or actual construction of the road, When the State acts for and on behalf of the Agency,the State shall be for which preliminary engineering is undertaken is not started by the closing of deemed an agent of the Agency and shall perform the services described and the tenth fiscal year following the fiscal year in which the agreement is indicated in"Type of Work"on the face of this agreement,in accordance with executed,the Agency will repay to the State the sum or sums of federal funds plans and specifications as proposed by the Agency and approved by the State paid to the Agency under the terms of this agreement(see Section IX). and the Federal Highway Administration. When the State acts for the Agency but is not subject to the right of control The Agency agrees that all stages of construction necessary to provide the by the Agency,the State shall have the right to perform the work subject to the initially planned complete facility within the limits of this project will conform ordinary procedures of the State and Federal Highway Administration. to at least the minimum values set by approved statewide design standards applicable to this class of highways, even though such additional work is II. Delegation of Authority financed without federal aid participation. The State is willing to fulfill the responsibilities to the Federal Government The Agency agrees that on federal aid highway construction projects,the by the administration of this project.The Agency agrees that the State shall current federal aid regulations which apply to liquidated damages relative to have the full authority to carry out this administration.The State shall review, the basis of federal participation in the project cost shall be applicable in the process, and approve documents required for federal aid reimbursement in event the contractor fails to complete the contract within the contract time. accordance with federal requirements.If the State advertises and awards the contract, the State will further act for the Agency in all matters concerning the VI. Payment and Partial Reimbursement project as requested by the Agency.If the Local Agency advertises and awards The total cost of the project,including all review and engineering costs and the project, the State shall review the work to ensure conformity with the other expenses of the State, is to be paid by the Agency and by the Federal approved plans and specifications. Government. Federal funding shall be in accordance with the Federal Ill. Project Administration Transportation Act, as amended, and Office of Management and Budget circulars A-102,A-87 and A-133.The State shall not be ultimately responsible Certain types of work and services shall be provided by the State on this project as requested by the Agency and described in the Type of Work above. for any of the costs of the project.The Agency shall be ultimately responsible for all costs associated with the project which are not reimbursed by the In addition,the State will furnish qualified personnel for the supervision and Federal Government. Nothing in this agreement shall be construed as a inspection of the work in progress.On Local Agency advertised and awarded promise by the State as to the amount or nature of federal participation in this projects,the supervision and inspection shall be limited to ensuring all work is project. in conformance with approved plans, specifications, and federal aid requirements. The salary of such engineer or other supervisor and all other The Agency shall bill the state for federal aid project costs incurred in salaries and costs incurred by State forces upon the project will be considered a conformity with applicable federal and state laws. The agency shall minimize cost thereof.All costs related to this project incurred by employees of the State the time elapsed between receipt of federal aid funds and subsequent payment in the customary manner on highway payrolls and vouchers shall be charged as of incurred costs. Expenditures by the Local Agency for maintenance,general costs of the project. administration,supervision,and other overhead shall not be eligible for federal participation unless a current indirect cost plan has been prepared in IV. Availability of Records accordance with the regulations outlined in the federal Office of Management All project records in support of all costs incurred and actual expenditures &Budget(OMB)circular A-87,and retained for audit. kept by the Agency are to be maintained in accordance with local government The State will pay for State incurred costs on the project.Following accounting procedures prescribed by the Washington State Auditor's Office,the payment, the State shall bill the Federal Government for reimbursement of U.S. Department of Transportation, and the Washington State Department of those costs eligible for federal participation to the extent that such costs are Transportation.The records shall be open to inspection by the State and Federal attributable and properly allocable to this project. The State shall bill the Government at all reasonable times and shall be retained and made available for Agency for that portion of State costs which were not reimbursed by the such inspection for a period of not less than three years from the final payment Federal Government(see Section IX). of any federal aid funds to the Agency. Copies of said records shall be furnished to the State and/or Federal Government upon request. 1. Project Construction Costs V. Compliance with Provisions Project construction financing will be accomplished by one of the three methods as indicated in this agreement. The Agency shall not incur any federal aid participation costs on any classification of work on this project until authorized in writing by the State for each classification.The classifications of work for projects are: DOT Form 140-039 EF 2 Revised 09/2008 Method A—The Agency will place with the State,within(20)days after the X. Traffic Control,Signing, Marking,and Roadway execution of the construction contract, an advance in the amount of the Maintenance Agency's share of the total construction cost based on the contract award.The State will notify the Agency of the exact amount to be deposited with the State. The Agency will not permit any changes to be made in the provisions for The State will pay all costs incurred under the contract upon presentation of parking regulations and traffic control on this project without prior approval of egress billings from the contractor. Following such payments,the State will the State and Federal Highway Administration. The Agency will not install or mit a billing to the Federal Government for the federal aid participation permit to be installed any signs,signals,or markings not in conformance with ' fare of the cost. When the project is substantially completed and final actual the standards approved by the Federal Highway Administration and MUTCD. costs of the project can be determined,the State will present the Agency with a The Agency will,at its own expense,maintain the improvement covered by final billing showing the amount due the State or the amount due the Agency. this agreement. This billing will be cleared by either a payment from the Agency to the State or by a refund from the State to the Agency. XI. Indemnity The Agency shall hold the Federal Government and the State harmless from Method B— The Agency's share of the total construction cost as shown on and shall process and defend at its own expense all claims,demands,or suits, the face of this agreement shall be withheld from its monthly fuel tax whether at law or equity brought against the Agency, State, or Federal allotments. The face of this agreement establishes the months in which the Government,arising from the Agency's execution,performance,or failure to withholding shall take place and the exact amount to be withheld each month. perform any of the provisions of this agreement,or of any other agreement or The extent of withholding will be confirmed by letter from the State at the time contract connected with this agreement, or arising by reason of the of contract award. Upon receipt of progress billings from the contractor,the participation of the State or Federal Government in the project,PROVIDED, State will submit such billings to the Federal Government for payment of its nothing herein shall require the Agency to reimburse the State or the Federal participating portion of such billings. Government for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Federal Method C—The Agency may submit vouchers to the State in the format Government or the State. prescribed by the State, in duplicate,not more than once per month for those XII. Nondiscrimination Provision costs eligible for Federal participation to the extent that such costs are directly No liability shall attach to the State or Federal Governmentexcept as attributable and properly allocable to this project.Expenditures by the Local expressly provided herein. Agency for maintenance, general administration, supervision, and other overhead shall not be eligible for Federal participation unless claimed under a The Agency shall not discriminate on the basis of race,color,national previously approved indirect cost plan. origin,or sex in the award and performance of any USDOT-assisted contract The State shall reimburse the Agency for the Federal share of eligible project and/or agreement or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Agency shall take all necessary and costs up to the amount shown on the face of this agreement.At the time of reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the audit, the Agency will provide documentation of all costs incurred on the award and administration of USDOT-assisted contracts and agreements. The project. WSDOT's DBE program, as required by 49 CFR Part 26 and as approved by The State shall bill the Agency for all costs incurred by the State relative to USDOT, is incorporated by reference in this agreement. Implementation of the project.The State shall also bill the Agency for the federal funds paid by the this program is a legal obligation and failure to carry out its terms shall be State to the Agency for project costs which are subsequently determined to be treated as a violation of this agreement. Upon notification to the Agency of its ineligible for federal participation(see Section IX). failure to carry out its approved program, the Department may impose �I. Audit of Federal Consultant Contracts sanctions as provided for under Part 26 and may,in appropriate cases,refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil kyr The Agency,if services of a consultant are required,shall be responsible for Remedies Act of 1986(31 U.S.C.3801 et seq.). audit of the consultant's records to determine eligible federal aid costs on the The Agency hereby agrees that it will incorporate or cause to be project. The report of said audit shall be in the Agency's files and made incorporated into any contract for construction work,or modification thereof, available to the State and the Federal Government. as defined in the rules and regulations of the Secretary of Labor in 41 CFR An audit shall be conducted by the WSDOT Internal Audit Office in Chapter 60, which is paid for in whole or in part with funds obtained from the accordance with generally accepted governmental auditing standards as issued Federal Government or borrowed on the credit of the Federal Government by the United States General Accounting Office by the Comptroller General of pursuant to a grant,contract, loan, insurance, or guarantee or understanding the United States; WSDOT Manual M 27-50, Consultant Authorization, pursuant to any federal program involving such grant,contract,loan,insurance, Selection, and Agreement Administration; memoranda of understanding or guarantee, the required contract provisions for Federal-Aid Contracts between WSDOT and FHWA;and Office of Management and Budget Circular (FHWA 1273),located in Chapter 44 of the Local Agency Guidelines. A-133. If upon audit it is found that overpayment or participation of federal money The Agency further agrees that it will be bound by the above equal in ineligible items of cost has occurred,the Agency shall reimburse the State for opportunity clause with respect to its own employment practices when it the amount of such overpayment or excess participation(see Section IX). participates in federally assisted construction work: Provided, that if the applicant so participating is a State or Local Government,the above equal opportunity clause is not applicable to any agency, instrumentality, or VIII. Single Audit Act subdivision of such government which does not participate in work on or under The Agency,as a subrecipient of federal funds, shall adhere to the federal the contract. Office of Management and Budget (OMB) Circular A-133 as well as all The Agency also agrees: applicable federal and state statutes and regulations. A subrecipient who (1) To assist and cooperate actively with the State in obtaining the expends$500,000 or more in federal awards from all sources during a given compliance of contractors and subcontractors with the equal opportunity clause fiscal year shall have a single or program-specific audit performed for that year and rules,regulations,and relevant orders of the Secretary of Labor. in accordance with the provisions of OMB Circular A-133. Upon conclusion of the A-133 audit,the Agency shall be responsible for ensuring that a copy of the (2) To furnish the State such information as it may require for the report is transmitted promptly to the State. supervision of such compliance and that it will otherwise assist the State in the discharge of its primary responsibility for securing compliance. IX. Payment of Billing (3) To refrain from entering into any contract or contract modification The Agency agrees that if payment or arrangement for payment of any of the subject to Executive Order 11246 of September 24, 1965,with a contractor State's billing relative to the project(e.g.,State force work,project cancellation, debarred from, or who has not demonstrated eligibility for, government overpayment,cost ineligible for federal participation, etc.)is not made to the contracts and federally assisted construction contracts pursuant to the State within 45 days after the Agency has been billed,the State shall effect Executive Order. reimbursement of the total sum due from the regular monthly fuel tax lotments to the Agency from the Motor Vehicle Fund. No additional Federal (4) To carry out such sanctions and penalties for violation of the equal `project funding will be approved until full payment is received unless otherwise opportunity clause as may be imposed upon contractors and subcontractors by directed the Assistant Secretary forHighways and Local Programs. the State, Federal Highway Administration,or the Secretary of Labor pursuant to Part II,subpart D of the Executive Order. DOT Form 140-039 EF 3 Revised 09/2008 In addition,the Agency agrees that if it fails or refuses to comply with these XV. Venue for Claims and/or Causes of Action undertakings,the State may take any or all of the following actions: For the convenience of the parties to this contract, it is agreed that any (a) Cancel,terminate,or suspend this agreement in whole or in part; claims and/or causes of action which the Local Agency has against the State of Washington, growing out of this contract or the project with which it is (b) Refrain from extending any further assistance to the Agency under the concerned,shall be brought only in the Superior Court for Thurston County. program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Agency;and XVI. Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying (c) Refer the case to the Department of Justice for appropriate legal The approving authority certifies,to the best of his or her knowledge and proceedings. belief,that: XIII. Liquidated Damages (1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to The Agency hereby agrees that the liquidated damages provisions of 23 CFR influence an officer or employee of any federal agency,a member of Congress, Part 635, Subpart 127, as supplemented, relative to the amount of Federal an officer or employee of Congress,or an employee of a member of Congress participation in the project cost,shall be applicable in the event the contractor in connection with the awarding of any federal contract,the making of any fails to complete the contract within the contract time. Failure to include federal grant, the making of any federal loan, the entering into of any liquidated damages provision will not relieve the Agency from reduction of cooperative agreement,and the extension,continuation,renewal,amendment, federal participation in accordance with this paragraph. or modification of any federal contract,grant,loan,or cooperative agreement. XIV. Termination for Public Convenience (2) If any funds other than federal appropriated funds have been paid or will The Secretary of the Washington State Department of Transportation may be paid to any person for influencing or attempting to influence an officer or terminate the contract in whole,or from time to time in part,whenever: employee of any federal agency,a member of Congress,an officer or employee (1) The requisite federal funding becomes unavailable through failure of of Congress,or an employee of a member of Congress in connection with this appropriation or otherwise. federal contract, grant,loan,or cooperative agreement,the undersigned shall complete and submit the Standard Form-LLL,"Disclosure Form to Report (2) The contractor is prevented from proceeding with the work as a direct Lobbying,"in accordance with its instructions. result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense,or an Executive Order of the President (3) The undersigned shall require that the language of this certification be or Governor of the State with respect to the preservation of energy resources. included in the award documents for all subawards at all tiers (including subgrants, and contracts and subcontracts under grants,subgrants, loans,and (3) The contractor is prevented from proceeding with the work by reason of cooperative agreements) which exceed $100,000, and that all such a preliminary,special,or permanent restraining order of a court of competent subrecipients shall certify and disclose accordingly. jurisdiction where the issuance of such order is primarily caused by the acts or This certification is a material representation of fact upon which reliance omissions of persons or agencies other than the contractor. was placed when this transaction was made or entered into. Submission of this certification as a prerequisite for making or entering into this transaction (4) The Secretary determines that such termination is in the best interests of imposed by Section 1352,Title 31,U.S.Code. Any person who fails to file the the State. required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Additional Provisions DOT Form 140-039 EF 4 Revised 09/2008 Washington State Local Agency Federal Aid -,/ Department of Transportation Project Prospectus Prefix Route ( Federal Aid Project Number Date 10/22/2008 Local Agency (WSDOT\ Federal Employer Project Number \Use Only) Tax ID Number 916001271 Agency Federal Program Title City of Renton ® 20.205 ❑ Other Project Title Start Latitude N 47°27'24" Start Longitude W 122°14'35" Strander Blvd/SW 27th St-Phase 1 Segment 2a End Latitude N 47°2.7'25" End Longitude W 122°14'16" Project Termini From To Strander Blvd(Tukwila) _ SW 27th St(Renton) From: To: Length of Project Award Type N/A N/A 0.24 miles ❑ Local ❑ Local Forces ❑ State ❑ Railroad Federal Agency City Number County Number County Name WSDOT Region FHWA El Others 1070 17 King Northwest Region Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO 9 11 1 PRSC Total Local Agency Phase Start PhaseFederal.Funds Estimated Cost Funding Date (Nearest Hundred Dollar) (Nearest Hundred Dollar) (Nearest Hundred Dollar):. Month Year P.E. $684,380 $684,380 08/2006 R/W Const. Total $684,380 $684,380 4411.'Description of Existing Facility (Existing Design and Present Condition) Roadway Width Number of Lanes No roadway connection exists Strander Blvd. (in Tukwila)ends approximately 180 feet east of the intersection with West Valley Road(SR-181). SW 27th St. (in Renton)ends approximately 1,500 feet west of the intersection with Oakesdale Ave SW.Between Strander Blvd and SW 27th St there are Burlington Northern Santa Fe(BNSF)and Union Pacific Railroad(UPRR)tracks. The distance between the tracks is approximately 450 feet.Track relocation and track alignment side-by-side between BNSF and UPRR is required to allow for a structure to be built over the tracks. The structure(bridge)will provide a grade separation connection between Strander Blvd.and SW 27th St. Description of Proposed Work Description of Proposed Work(Attach additional sheet(s)if necessary) Phase 1 Segment 2a involves the design and construction of the relocation of the UPRR railroad tracks to allow for a structure to be build over the tracks. This phase includes design and construction for: a)railroad bridge over Longacres Way;b) railroad bridge at a new pedestrian crossing for the future Sound Transit Station location;c)structure to protect the 60-inch Seattle Public Utilities Water line;d)structure to protect the 36-inch Metro Sanitary Sewer line;e)retaining walls.Design started in 2006 and construction will start in 2009. This phase is part of a larger project STPUL-1276(004)and these funds are for design only. Local Agency Contact Person Title Phone Juliana Fries Progam Development Coordinator 425.430.7232 Mailing Address City State Zip Code 1055 S Grady Way Renton WA 98057 By Project Prospectus Approval Approving Authority Title Transportation Design Supervisor Date 10/22/2008 DOT Form 140-101 EF Page 1 of 3 Revised 7/2008 1 Agency Project Title Date City of Renton Strander Blvd/SW 27th St-Phase 1 Segment 2a 10/22/2008 tiTyPe.,.0tProposed Work-, • , • . - Project Type(Check all that Apply) Roadway Width Number of Lanes '440.1 (21 New Construction ID Path/Trail ID 3-R N/A N/A LI Reconstruction El Pedestrian/ Facilities El 2-R CI Railroad El Parking CI Other CI Bridge Geometric Design pata, Description Through Route Crossroad O Principal Arterial 0 Principal Arterial Federal 0 Urban 0 Minor Arterial 0 Urban Minor Arterial O Collector C) Collector Functional 0 Major Collector 0 Major Collector Classification11 Rural 0 Rural 0 Minor Collector 0 Minor Collector o Access Street/Road 0 Access Street/Road Terrain EI Flat 0 Roll 0 Mountain 0 Flat 0 Roll 0 Mountain Posted Speed N/A Design Speed N/A Existing ADT N/A Design Year ADT N/A Design Year N/A Design Hourly Volume(DHV) N/A Performance of Work • Preliminary Engineering Will Be Performed By Others Agency Nosati Consultant- Perteet Engineering,Inc. 99 % % Construction Will Be Performed By Contract Agency Contract 100 °A) cyo Environmental Classification El Final 0 Preliminary CI Class I-Environmental Impact Statement(EIS) Z Class II-Categorically Excluded(CE) CI Project Involves NEPA/SEPA Section 404 IZ Projects Requiring Documentation Interagency Agreement (Documented CE) LI Class III-Environmental Assessment(EA) LI Project Involves NEPA/SEPA Section 404 Interagency Agreement Environmental Considerations Environmental Classification Summary approved on 7/19/2005. DOT Form 140-101 EF Page 2 of 3 Revised 7/2008 • Agency Project Title Date City of Renton Strander Blvd/SW 27th Str-Phase 1 Segment 2a 10/9/2008 light of Way ® No Right of Way Required ❑ Right of Way Required *All construction required by the contract can be accomplished ElNo Relocation El Relocation Required within the existing right of way. Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project Relocation of the existing Union Pacific Railroad(UPRR)is required to allow for one structure to be built and provide grade separation.Additional structures to protect existing Seattle Public Utilities water line,Metro sanitary sewer line,and two railroad bridges at Longacres Way and for a new pedestrian crossing for the future Sound Transit Station location. FAA Involvement Is any airport located within 3.2 kilometers (2 miles)of the proposed project? ❑ Yes ® No Remarks Noe This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community development. Agency Date By Mayor/Chairperson DOT Form 140-101 EF Page 3 of 3 Revised 7/2008 ir �+ ik J,yw ktYh lik g r. _<° ? fif 'infR..rt•A_ .Y . ,,,,,,..-34,..*j`. N t i�' ,.'., ,�y� ♦ ,i .�A Y3 a'`' •! rpt 'rt � "l}`b` r ` • J A ,t,A 3'' .r I il,,! F A �`"� `0t ii, "".3 .,....,r,..-�',.�..y,yA:w ri-al - i41; A, A .,` � r r,441.. • k r�.- '. .• �...r� ,�+ kid ..e2F•' r a' 7. ,X!u �Y , >f r � • ►. �' ', ""`k: �`r "s�. a `. ,:lw "' 4r-„+m.*n. . `f' R'EN�� , i .mewl, It y, JJ . 1. p . . ... "-, a � +` 'fes �, • ;, 1''Yp n w� StiN+�139TH,ST, • { .r' _` r phase t' s2 { 7 'f A ' F r I.:-,, • t .c•-','• '•:,•••'•'3. k Segment 2a { �• `i '''',,"—;,,,,,7,-.4 H «..,.. Ni 405 „�,�":« �..., �,,� j ..f,_�, @ , , x ` � ” ��. X�T �l� �".. '''.:.? ,._::,,Ar�y.�.,�"' .f.� ��:,er�� xN 3 ''• �k - •, '8431,' <4 •� ,;1 a g ,;:i .rK" i;; ; i. w.�lfi•i {+'s33 9: '. s ,k �, � '`d r ,.'w 9x ykr } 1,‘-',..--,:,'• Cy § awl „+A 1!,'r.t ---i'' c r t `.',,........"-„,.1, •.++f•'w. r^..,Sd ,,. xE ,,,II, -t,:a 'll a fiRi:..- s u•, - x r�- a �„ -,a• w.t , _ r ;rr` r,�, fin. 5 „ .' , '.£. = • X � � I : T - t ._ pp 1 3 ��� � �. � i�--`SOUND,TRANSIT '� ll���-• ( r �=,� � ,I..* J7.���.. � � ,x."Rsr v,.:...� 'gam-;.rr-A'�"� � �,s '�M�� � k- +.� f Phase I :' 7 x!' £ t,[rT+ y ••,:t-, `i _ €s STATION aPHASE 1 t � k * i,. -1 Segment- `� *,, SW 27T 5T Connection i st „u'rx.Mea..a""1.., 'C'` � 1 f�,' li;- '+�n8. l'.,;-.;`.,774V 4 ' f Y { rr'.i. r J ,r 167 *' a • Irtil ,STRgNDER.BLVD .f ►- ,s _ 1%,:,,,t •, z SUV 2�7fTHr'S1T �� :< -s- u ;-f yj�� • _ ��� . �` �=�,:�4 �; ,f" � �F6�'�# �r �`�,r� ` � {, �� �EOEftAL �' < l�r , , ?., k r Tr`-':i. t .:,�'1 x t e �` , • � » ?°` a� a ,�. � �`��„ � �.� �!i �r l�� it,...---;a} '� �"-�'���r,'� ''�, ii.,';:a"-1:,,-4,-,:.,,, � �: �2� RESERVE � t� , d ±w` x- *"T « y f " 1' �� BANK"SITE er 1 2 £ '" ' `" • .,,c1 l ���` Ytliatir u � Phase �, (, w ,ya-7' 3„'* P 11 ,.``hJE(' }}3.3$4rp "+J { ' -� � q'.-.4„...,... of " ,..:,.4 . 3 ,..-',":...4 ,...1? x qfa' 4." t 4 (`•� 'il's ysp t'. s '', • ,i A r W �, .,/✓ar- ,$". ; �`. %4 d a+.�.,.-tr�_..+s ,:. A4k '"'.7G �,t} 4,�1J "y � j FiL s " '! r �. ' � 3 �- � 4 400; ,� ,:. .,tti a. glLL x� :, t • t a- s r r1 a r ,� 't' �e c � 1 rrt di +�, ,� j [' ? . , ,`Z_ £.a` SW 27TH'"ST ! f x z � +/�► i , • :.. .:„...s,,,, ro ' 1RAND'ER BLVD k °�„ o '`� '. k ,,�tgr ,-(2..,,,,„,:ST..� M r' 0 „I ,:r,x ( .! Z tt t �a rx a $. "Ik Y Q Q ALIGNMENT ,. Itr., Ziii ({F ,r `�-r � }=•;111. ( W /�//�� ttCP * c.� ' !I i � - Ii•t-:....-. Jtii F fi, k •� ; .s, i^ ✓+! Yl :1, �, 4' ] . r `F v i ,,,m. 4 co �•.. A x'x.f `�,� } 3 i';',, ,,,,„,,,,•,4 f °' "F`;f +• . f fi t} ( J ,. l .-1•L-s. x SW 34iTH S7s* r• :. ,,,.,�r _ r? � .� emit, o- g �} x k4. + ,F •ch ' ,,,,.:; !.,s , '•;,rillti, ' ,e-sr.-1,,- '''''- g .t 181 - Q r�, a, .� ( `. w. w. . TilaWashington State Local Agency Federal Aid Department of Tlransportation Project Prospectus Prefix Route ( ) =ederal Aid roject Number,*•sit, STPUL-1276(004) Date 10/22/2008 Local Agency WSDOT Federal Employer Project Number (Use Only) Tax ID Number 916001271 Agency Federal Program Title City of Renton ® 20.205 ❑ Other Project Title Start Latitude N47°27'24" Start Longitude W122°14'37" Strander Blvd/SW 27th Street End Latitude N47°27'19" End Longitude W122°13'5" Project Termini From To West Valley Hwy(SR-181) East Valley Rd From: To: Length of Project Award Type N/A N/A 1.25 miles ® Local ❑ Local Force s ❑ State ❑ Railroad Federal Agency City Number County Number County Name WSDOT Region ® FHWA ❑ Others 1070 17 King Northwest Region _ Congressional District Legislative Districts Urban Area Number TMA/MPO/RTPO 9 11 1 PRSC Total Local Agency Phase Start Phase Estimated Cost Funding Federal Funds Date (Nearest Hundred Dollar) (Nearest.Hundred Dollar) (Nearest Hundred Dollar) Month Year P.E. $7,162,100 - $5,639,900 $1,522,200 05/2003 RAN $3,585,000 $3,585,000 -__ $0 O 1/2004 Const. $45,199,000 $40,599,000 $4,600,000 10/2005 Total $55,946,100 $49,823,900 $6,122,200 DNimireescription of.Existing Facility (Existing Design and Present Condition) Roadway Width Number of Lanes No roadway connection exists Varies 4 travel lanes& 1 two-way-left-turn-lane Strander Blvd. (in Tukwila)is a four lane roadway ending approximately 180 feet east of the intersection with West Valley Hwy. (SR-181). SW 27th St. (in Renton)ends at the intersection with Oakesdale Ave SW. Between Strander Blvd. and SW 27th St. there are two sets of railroad tracks,one belonging to Burlington Northern Santa Fe(BNSF)and the other to Union Pacific Railroad(UPRR). The distance between the tracks is approximately 450 feet. There is no existing roadway connection between Strander Blvd. and SW 27th St. Description of Proposed Work Description of Proposed Work(Attach additional sheet(s)if necessary) See Exhibit A Local Agency Contact Person Title Phone Juliana Fries _ Program Development Coordinator 425.430.7232 Mailing Address City State Zip Code 1055 S Grady Way Renton r WA 98057 By ---- - Project Prospectus Approval Approving Authority Title Transportation Design Supervisor Date 10/22/2008 DOT Form 140-101 EF Pae 1 of 3 Revised 7/2008 g A Agency I Project Title Date City of Renton Strander Blvd/SW 27th Street 10/22/2008 Type of:Projposed Work Project Type(Check all that Apply) Roadway Width Number of Lanes ® New Construction ❑ Path/Trail ❑ 3-R varies 48-60 varies 4-5 ❑ Reconstruction ❑ Pedestrian/ Facilities ❑ 2-R — ® Railroad ❑ Parking ® Other ® Bridge Geometric Design Data Description Through Route Crossroad ❑ Principal Arterial 0 Principal Arterial Federal ❑ Urban ❑ Minor Arterial El Urban ❑ Minor Arterial ❑ Collector ❑ Collector Functional — ❑ Major Collector 0 Major Collector Classification ❑ Rural 0 Minor Collector ❑ Rural 0 Minor Collector ❑ Access Street/Road 0 Access Street/Road Terrain — ®-Flat 0 Roll 0 Mountain 0 Flat 0 Roll 0 Mountain Posted Speed N/A Design Speed 35 mph Existing ADT N/A Design Year ADT 51,500 Design Year 2030 Design Hourly Volume(DHV) 2,700 1 Pelt:n* nce`of Work Preliminary Engineering Will Be Performed By Others I Agency Consultant-Perteet Engineering,Inc. 99 % 1 Construction Will Be Performed By Contract Agency Contract 100 % ; % Erivironmental Classification ❑ Final ❑ Preliminary ❑ Class I-Environmental Impact Statement(EIS) ® Class II-Categorically Excluded(CE) ❑ Project Involves NEPA/SEPA Section 404 ® Projects Requiring Documentation Interagency Agreement (Documented CE) ❑ Class Ill-Environmental Assessment(EA) ❑ Project Involves NEPA/SEPA Section 404 Interagency Agreement Environmental Considerations Environmental Classification Summary approved on 7/19/2005. DOT Form 140-101 EF Page 2 of 3 Revised 7/2008 Agency Project Title Date City of Renton Strander Blvd/SW 27th Street 10/22/2008 Right oii.Way::'`:: N.r ❑ No Right of Way Required ® Right of Way Required *All construction required by the ❑ No Relocation ii Relocation Required contract can be accomplished within the existing right of way. Description of Utility Relocation or Adjustments and Existing Major Structures Involved in the Project Relocation of the existing Union Pacific Railroad(UPRR)is required to allow for one structure to be built and provide grade separation.Additional structures to protect existing Seattle Public Utilities water line,Metro sanitary sewer line,and two railroad bridges at Longacres Way and for a new pedestrian crossing for the future Sound Transit Station location. FAA Involvement Is any airport located within 3.2 kilometers (2 miles)of the proposed project? ❑ Yes ® No Remarks err This project has been reviewed by the legislative body of the administration agency or agencies, or it's designee, and is not inconsistent with the agency's comprehensive plan for community development. Agency Date By Mayor/Chairperson Nitasse DOT Form 140-101 EF Page 3 of 3 Revised 7/2008 Exhibit A Local Agency Federal Aid Project Prospectus Strander Blvd/SW 27th St Connection Description of Proposed Work: The project will construct the missing regional link from Renton to Tukwila along the new SW 27th St./Strander Blvd. corridor. This project has been split into five parts: • Planning-project definition report and preliminary(30%)design; • Phase 1, Segment 1-extension of SW 27th St., from Oakesdale Ave SW to the beginning of the future bridge structure(approximately 1,500 feet west); • Phase 1, Segment 2a-Union Pacific Railroad(UPRR)track relocation to allow a structure to be built over the tracks; • Phase 1, Segment 2b-design and construction of the bridge structure that will connect SW 27th St.to Strander Blvd. and provide a grade separation between rail and vehicles; • Phase 2 -consists of improvements between Oakesdale Ave. SW and East Valley Road,through signalization and or channelization. Nord Planning-project definition report and preliminary design was completed in 2005. Phase 1, Segment 1 construction was completed in 2006 and provides a new four/five-lane roadway along SW 27th St. from Oakesdale Ave. SW to the beginning of the proposed bridge structure. Phase 1 Segment 2a,the railroad track relocation to allow for the bridge structure is under design and construction is anticipated to start in 2009. Completion of this stage is anticipated for 2010. Phase 1, Segment 2b, is the five-lane roadway bridge structure providing the grade separation over the UPRR and BNSF and providing the connection between SW 27th St. and Strander Blvd. It is schedule to have design start in 2011,with construction starting in 2012. Phase 2,the improvements along SW 27`h St. between Oakesdale Ave. SW and East Valley Rd.will be completed in 2015. H:\Division\Transport\Planning\Juliana\Strander\WSDOT\Prospectus Exhibit A_Proposed Work CITY OF RENTON COUNCIL AGENDA BILL AI#: 7,lc. Submitting Data: Public Works For Agenda of: Dept/Div/Board.. Utility Systems Division/ Surface November 3, 2008 Water Utility Staff Contact Ron Straka(ext. 7248) Agenda Status Daniel Carey(ext. 7293) Consent X Subject: Public Hearing.. Final Pay Estimate—CAG-08-095, Correspondence.. SWP-27-2057, Maplewood Creek Sediment Basin Ordinance 2008 Cleaning and Maintenance Project Resolution Old Business Exhibits: New Business Pay Estimate #3 Final Study Sessions Notice of Completion Information Recommended Action: Approvals: Council Concur Legal Dept Finance Dept X Other IFiscal Impact: Expenditure Required... $1,835.11 Transfer/Amendment 1440ei Amount Budgeted $86,126.00 Revenue Generated Total Project Budget $86,126.00 City Share Total Project SUMMARY OF ACTION: The contractor for the Maplewood Creek Sediment Basin 2008 Cleaning and Maintenance Project was The Phoinix Corporation. Construction started on September 2, 2008, and was completed by September 12, 2008. The original contract amount was $74,947.11 and the final contract amount is $74,125.45. The difference of minus $821.66 is due to minor differences in bid item quantities. A FEMA Grant for the December 2007, Budget Ordinance#5411, funded 87.5 percent of the project up to $86,126.00, (account# 427/U65060). The remaining amount for the project will be from the Surface Water Utility's Capital Improvement Program Small Drainage Projects account (#427/U65015). The approved 2008 Small Drainage Projects Capital Improvement Program budget is $303,626.00. The 2008 Surface Water Utility Capital Improvement Program 427 account for the project has sufficient budget remaining to fund the final pay estimate. STAFF RECOMMENDATION: Accept the Maplewood Creek Sediment Basin 2008 Cleaning and Maintenance project, approve the Final Pay Estimate, and release the retainage of$3,400.25 after 60 days and after all the required releases from the state have been obtained. H:\File Sys\SWP-Surface Water Projects\SWP-27-Surface Water Projects(CIP)\27-2057 Maplewood Sed Basin\2008 Pond Cleaning\I000a Final Payment\081022 FINAL-AgendaBill-Mapl-Phoinix.doc\DWCtp TO: FINANCE DIRECTOR • FROM: PUBLIC WORKS ADMINISTRATOR C^NTRACTOR: The Phoinix Corp. ,N46 ,..TRACT NO. CAG-08-095 PO# 18/0001604 ESTIMATE NO. 3 FINAL PROJECT: Maplewood Creek Sediment Basin 2008 Cleaning Project 1. CONTRACTOR EARNINGS THIS ESTIMATE $1,683.59 2. SALES TAX @ 9.00% $151.52 3. TOTAL CONTRACT AMOUNT THIS ESTIMATE $1,835.11 4. EARNINGS PREVIOUSLY PAID CONTRACTOR $63,005.34 5. * EARNINGS DUE CONTRACTOR THIS ESTIMATE $1,599.41 6. SUBTOTAL- CONTRACTOR PAYMENTS $64,604.75 7. RETAINAGE ON PREVIOUS EARNINGS $3,316.07 8. ** RETAINAGE ON EARNINGS THIS ESTIMATE $84.18 9. SUBTOTAL- RETAINAGE $3,400.25 10. SALES TAX PREVIOUSLY PAID $5,968.93 11. SALES TAX DUE THIS ESTIMATE $151.52 12. SUBTOTAL-SALES TAX $6,120.45 * (95%x LINE 1) ** (RETAINAGE: 5%) GRAND TOTAL: $74,125.45 FINANCE DEPARTMENT ACTION: Pis"MENT TO CONTRACTOR (Lines 5 and 11): ,ACCOUNT # 427.018.5950.0038.63.U65060/ F010 $1,750.93 # 3 FINAL RETAINED AMOUNT (Line 8): $1,750.93 ACCOUNT # 427.018.5950.0038.63.U65060/F010 $84.18 # 3 FINAL $84.18 TOTAL THIS ESTIMATE: $1,835.11 CHARTER 116, LAWS OF 1965 CITY OF RENTON CERTIFICATION Jo-22-o9 I,THE UNDERSIGNED DO HEREBY CERTIFY UNDER PENALTY OF PERJURY,THAT THE MATERIALS HAVE BEEN FURNISHED,THE �Q (0/44'1 l� SERVICES RENDERED OR THE LABOR PERFORMED AS DESCRIBED ,}{t 1 V HEREIN,AND THAT THE CLAIM IS A JUST,DUE AND UNPAID OBLIGATION AGAINST THE CITY OF RENTON,AND THAT I AM AUTHORIZED TO AUTHENTICATE AND RTIFY TO SAID CLAIM ,-- Signed: i% ..1�.. .� .-... Printed On: 10/22/2008 City of Renton Public Works Department Page 1 Printed On: 10/09/2008 City of Renton Public Works Department Page 1 Project: Maplewood Creek Sediment Basin 2008 Cleaning Project Contract Number: CAG-08-095 Contractor:The Phoenix Corp. Pay Estimate 3 FINAL Closing Date' 10/09/2008 1414111i00 Item Description Unit Est Unit Previous Previous This This Total Total No. Quantity Price Quantity Amount Quantity Amount Quantity Amount r 001. Mobilization Lump Sum 1 $5,611 98 0.7 $3,928.39 0.3 $1,683.59 1.00 $5,611.98 Construct Bypass Structures,Divert Creek,Rescue Fish, 002. Drain Basin Lump Sum 1 $4,955.34 1.0 $4,955.34 $0.00 1 00 $4,955.34 003. Remove,Haul,and Dispose of Sediment Lump Sum 1 $39,787.15 1.0 $39,787.15 $0.00 1 00 $39,787.15 004. Refill Basin,Remove Bypass Strucs.,Restore Banks Lump Sum 1 $1,005.29 1.0 $1,005.29 $0.00 1 00 $1,005.29 005. Gravel Placement-Detail 1,Upstream Ton 18 $273 80 14.65 $4,011.17 $0 00 14.65 $4,011.17 006 Gravel Placement-Detail 2.Downstream Ton 10 $302 38 15.85 $4,792.72 $0 00 15 85 $4,792.72 007. Hydroseed Sq.Ft. 3000 $2.18 3000 $6,540.00 $0.00 3000.00 $6,540.00 008. Creek Boulders Ton 2 $70343 1.85 $1,301.35 $0.00 1.85 $1,301.35 009. Minor Changes Lump Sum 1 $1,500 00 $0.00 $0.00 0.00 $0.00 Subtotal $66,321.41 $1,683.59 $68,005.00 Sales Tax 9.0% $5,968.93 $151 52 $6,121 TT Total $72,290.34 $1,835 11 $74,125.45 EX.....-- /6-22-08 7 io( /t)f State of Washington Department of Revenue �� PO Box 47474 REVENUE Olympia WA 98504-7474 Contractor's Registration No. (UBI No.) 602 257 800 Date 11/3/08 NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT From: Name&Address of Public Agency Department Use Only City of Renton Assigned To Attn: Natalie Beardsley 1055 S Grady Way Renton, WA 98057 Date Assigned Notice is hereby given relative to the completion of contract or project described below Description of Contract Contract Number SWP-27-2057 Maplewood Creek Sediment Basin 2008 Cleaning CAG-08-095 Contractor's Name Telephone Number The Phoinix Corporation 206-529-3990 Contractor's Address 5700 6th Ave. S, Seattle, WA 98108 Date Work Commenced Date Work Completed Date Work Accepted 9/2/08 9/12/08 11/3/08 Surety or Bonding Company c'ontractor's Bonding and Insurance Company (206-622-7053) ileiv•nt's Address CBIC, P.O. Box 9271, Seattle, WA 98109 Contract Amount $ 68,758.82 Additions $ + Liquidated Damages $ Reductions $ — 753.82 Sub-Total $ 68,005.00 Amount Disbursed $ 70,725.20 Amount of Sales Tax Paid at 9.0% $ 6,120.45 Amount Retained $ 3,400.25 (If various rates apply,please send a breakdown.) TOTAL $ 74,125.45 TOTAL 5 74,125.45 Disbursing Officer Comments: Signature Type or Print Name Phone Number The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue, PO Box 47474, Olympia, WA 98504-7474, immediately after acceptance of the work done under this contract. NO YMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in irrdance with said certificate. To inquire about the availability of this document in an alternate format for the visually impaired, please call (360)753-3217. Teletype (TTY)users please call (800)451-7985. You may also access tax information on our Internet home page at http://dor.wa.gov. REV 31 0020e(6-27-01) CITY OF RENTON COUNCIL AGENDA BILL Al#: �• to Submitting Data: For Agenda of: November 3, 2008 Dept/Div/Board.. PW/Utilities/Solid Waste Utility Staff Contact Linda Knight, ext. 7397 Agenda Status Consent X Subject: Public Hearing.. 2009 Solid Waste Rates Correspondence.. Ordinance X Resolution Old Business Exhibits: New Business Solid Waste Rate Ordinance Study Sessions Information Recommended Action: Approvals: Council Concur Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required... Transfer/Amendment LelAmount Budgeted Revenue Generated Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Council approved the 2009 Solid Waste Contract that provides for expanded residential, multifamily and commercial services. Approval of new solid waste rates is required to support the contract services. STAFF RECOMMENDATION: Approve the new solid waste rates for 2009 and submit the Solid Waste Rate Ordinance for first and second reading. Further, direct the City Clerk to provide public notification of the new rates as required by state law. H:\File Sys\SWU-Solid Waste Utility\SWU-01-Financial\2009\2009 Solid Wst Rates Agenda Bill.doc\LKtp CITY OF RENTON, WASHINGTON Name ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, GARBAGE, OF TITLE VIII (HEALTH & SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," RELATED TO YEAR 2009 SERVICES AND UTILITY RATES FOR ALL CUSTOMER CLASSES. THE CITY COUNCIL OF THE CITY OF RENTON WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 8-1-10, Rates for Services, of Chapter 1, Garbage, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 8-1-10: RATES FOR SERVICES: The following schedule is hereby adopted as the monthly charges to be paid to the City for services rendered in each category: A. Residential Customers: 1. For garbage cans, carts, and/or garbage units: Every Other Week Garbage & Recycling, 2009 Renton Weekly Yard Waste & Food Scraps SWU Monthly Service Level Rates Mini Cart (20 Gallon) $11.20 35 Gallon Contractor Cart $18.41 45 Gallon Contractor Cart $23.21 64 Gallon Contractor Cart $32.32 96 Gallon Contractor Cart $47.70 Senior Mini Cart Rate (75% subsidy)/Existing $2.80 Senior Mini Cart Rate (50% subsidy) $5.60 Senior 35 Gallon Cart Rate (50% subsidy) $9.21 Senior 45 Gallon Cart Rate (50% subsidy) $11.61 Senior 64 Gallon Cart Rate (50% subsidy) $16.16 Senior 96 Gallon Cart Rate (50% subsidy) $23.85 NINer` Extra garbage, up to 15 gallons per unit/per pickup $3.42 1 ORDINANCE NO. Extra yard waste cart rental $1.90 Return Trip Charge per pickup $4.97 2. Residential customers are allowed to change their garbage service level once per year without incurring an administrative fee. Each garbage service level change per year above the once per year allowance will result in an administrative fee of$25.00. The one-year period shall begin January 1 and shall end December 31 each year. 3. Senior and/or disabled customers who qualified under Section 8-4-31C of this Title for low-income rates for 75% subsidy prior to May 31, 2008, are eligible for a $2.80 fee for 20 Gallon Mini Cart service. For services other than Mini Cart service, the rate schedule as provided in Section 8-1-10A.1. will apply. All senior and/or disabled customers qualifying under Section 8-4-31C for low income rates after May 31, 2008, are eligible for a 50% subsidy of the charges for the service level selected. 4. Premium Weekly Collection: Single-family residential customers may elect to have their garbage collected weekly for an additional fee of$18.80 per month. This fee will be added to the monthly garbage billing as an extra Premium Service Fee. 5. Miscellaneous Services: The City of Renton offers miscellaneous services at the following rates: Services Cost per Pick Up On-Call Bulky Waste Collection White Goods, except Refrigerators/Freezers/unit $60.19 Refrigerators/Freezers per unit $64.40 Sofas/Chairs per unit $55.97 Mattresses per unit $53.87 2 ORDINANCE NO. Niue B. Commercial Customers: 1. Garbage Carts: Customers have the following Contractor cart-based services available: 2009 SWU Commercial Service Level Monthly Rates One 20 Gallon Mini Cart $32.85 Weekly One 35 Gallon Garbage Cart $36.52 Commercial One 64 Gallon Contractor Cart $46.93 Can and One 96 Gallon Contractor Cart $57.64 Cart Extra Cans or Units $5.64 Weekly Yard Waste Collection Cart $37.61 2. Hydraulically Handled Containers 1 — 8 Yards: The rate for the handling of hydraulically handled containers approved by the City's contractor and the City for use by commercial, industrial and multiple-family residence establishments New shall be as follows: a. Monthly Rates: 2009 SWU Commercial Service Level Monthly Rates Commercial 1 Cubic Yard, 1 pickup/week $98.57 Detachable 1 Cubic Yard, 2 pickups/week $185.12 Container 1 Cubic Yard, 3 pickups/week $271.68 (loose) 1 Cubic Yard, 4 pickups/week $358.23 1 Cubic Yard, 5 pickups/week $444.78 1.5 Cubic Yard, 1 pickup/week $135.12 1.5 Cubic Yard, 2 pickups/week $258.23 1.5 Cubic Yard, 3 pickups/week $381.34 1.5 Cubic Yard, 4 pickups/week $504.45 1.5 Cubic Yard, 5 pickups/week $627.55 2 Cubic Yard, 1 pickup/week $170.35 2 Cubic Yard, 2 pickups/week $328.68 2 Cubic Yard, 3 pickups/week $487.01 2 Cubic Yard, 4 pickups/week $645.34 %,, 2 Cubic Yard, 5 pickups/week $803.67 3 ORDINANCE NO. 3 Cubic Yard, 1 pickup/week $242.38 3 Cubic Yard, 2 pickups/week $472.75 3 Cubic Yard, 3 pickups/week $703.12 3 Cubic Yard, 4 pickups/week $933.49 3 Cubic Yard, 5 pickups/week $1,163.86 4 Cubic Yard, 1 pickup/week $314.29 4 Cubic Yard, 2 pickups/week $616.57 4 Cubic Yard, 3 pickups/week $918.86 4 Cubic Yard, 4 pickups/week $1,221.13 4 Cubic Yard, 5 pickups/week $1,523.41 6 Cubic Yard, 1 pickup/week $456.00 6 Cubic Yard, 2 pickups/week $899.99 6 Cubic Yard, 3 pickups/week $1,343.98 6 Cubic Yard, 4 pickups/week $1,787.97 6 Cubic Yard, 5 pickups/week $2,231.96 8 Cubic Yard, 1 pickup/week $596.87 8 Cubic Yard, 2 pickups/week $1,181.73 8 Cubic Yard, 3 pickups/week $1,766.58 8 Cubic Yard, 4 pickups/week $2,351.44 8 Cubic Yard, 5 pickups/week $2,936.30 Extra loose cubic yard, per pickup $19.97 2009 SWU Commercial Service Level Monthly Rates Commercial 1 Cubic Yard Compactor $235.09 Detachable 1.5 Cubic Yard Compactor $339.73 Container 2 Cubic Yard Compactor $436.62 (Compacted) 3 Cubic Yard Compactor $643.03 4 Cubic Yard Compactor $849.71 6 Cubic Yard Compactor $1,262.47 b. Rental Rates: Rental rates for 1 — 8 yard containers will be paid in the monthly rates. c. Minimum Pickups: Minimum pickups for containers and compactors between 1 — 8 yards will be once per week. 3. Temporary containers are rented and billings are handled directly by Waste Management, Inc. 4 ORDINANCE NO. 4. Extra Charges: a. The following extra charges will apply for Commercial Services: Commercial Extra Service Fees Commercial Cart Carry out charge if> 50 feet(per time) $6.70 Additional Roll out fees over 25ft., from point of safe truck access/pickup $3.71 Unlocking & locking Gates and/or container lids, per pickup $3.84 Return Trip for containers not available for collection at regularly scheduled pickup time $29.51 b. Any extra yardage charges determined by the collection contractor due to overflowing containers will be charged per yard at the one yard rate listed under Section 8-1-10B.2.a. 5. Special Services: Whenever special services not contained within this schedule are required, the rate charged for those special services shall be negotiated by the customer with the City and the collection contractor. C. Commercial Roll Off Customers: Commercial Roll Off Customers are those who have a 10 — 40 Yard container or compactor. These large disposal containers are lifted and weighed at the disposal facility. Commercial container customers pay a disposal pickup fee based upon the number of pickups, a weight based fee and a container rental fee. Compactor customers pay a pickup fee based upon the number of pickups and a weight based disposal fee. 1. Base Pick Up Fees: The base pick up fees are as follows on a per occurrence basis: Commercial Roll Off Rates are Per Pickup 10 Yard Container $182.97 15 Yard Container $196.39 20 Yard Container $201.78 30 Yard Container $218.76 40 Yard Container $234.13 5 ORDINANCE NO. 10 Yard Compactor $208.23 vuld 20 Yard Compactor $225.00 30 Yard Compactor $241.82 40 Yard Compactor $256.86 The minimum pickups are twice per month. 2. Rental Rates: The following are rental rates for roll off containers: Monthly Rental Rates 10 Yard Container $41.75 15 Yard Container $59.59 20 Yard Container $77.41 30 Yard Container $95.26 40 Yard Container $117.39 3. Disposal Fees: In addition to the Base Charge per pick up and the monthly rental fee, the customer must pay weight based disposal fees plus applicable tax. Nod D. (Rep. by Ord. 4898, 3-19-2001) E. Classification and Appeal: Service category classifications shall be on the basis of the type and volume of solid waste and the purpose and type of the dwelling or facility being served as determined by the Public Works Administrator of the City, or the Administrator's duly authorized representative. Any person who shall deem their classification improper may appeal to the Solid Waste Coordinator within forty five (45) days following their classification or change of classification. After the decision of the Solid Waste Coordinator, if the party appealing is still aggrieved, then the party may appeal to the Public Works Administrator, whose decision shall be final. 6 ORDINANCE NO. SECTION II. These rates become effective with billings computed on or after January 1, 2009. SECTION III. This ordinance shall be effective upon its passage, approval, and forty-five (45) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor �wr Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1510:10/27/08:scr 7 CITY OF RENTON, WASHINGTON err RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING ACCEPTANCE OF THE GRANT FROM THE STATE OF WASHINGTON TO FUND A FULL-TIME INVESTIGATOR TO BE ASSIGNED TO THE "PREVENTING AUTO THEFT THROUGH REGIONAL OPERATION LINKS" TASKFORCE. WHEREAS, the State of Washington created the Washington Auto Theft Prevention Authority (WATPA), to administer state funded grants that focus on addressing the high volume of auto theft and auto theft related crimes within the state; and WHEREAS, south King County law enforcement agencies and north Pierce County agencies, as well as the King County Prosecutor's Office developed a strategy to create a multi- jurisdictional taskforce to target auto theft within the local region; and Igar. WHEREAS, the taskforce committee submitted a grant request to establish the Preventing Auto Theft through Regional Operational Links (PATROL) taskforce; and WHEREAS, the State of Washington awarded the taskforce $1,030,000 to cover equipment, facilities, and staffing through the end of the State's 2008/2009 fiscal year; and WHEREAS, the Renton Police Department would like to participate in this grant by assigning an investigator to the taskforce. In turn, the state would reimburse the investigator's salary and benefits, totaling $70,962; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. 1 RESOLUTION NO. SECTION II. The City Council does hereby authorize the acceptance of the grant funds from the State of Washington (WATPA) in the amount of $70,962, to fund a full-time investigator to be assigned to the PATROL taskforce. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: -441101 Lawrence J. Warren, City Attorney RES.1379:10/1/08:scr 2 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," BY ADDING AN EXCEPTION FOR PROJECTS VESTED IN THE COUNTY TO LAND USE REVIEW FEES. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 4-1-170, Land Use Review Fees, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended by adding a new subsection "D," to read as follows: D. EXCEPTION FOR PROJECTS VESTED IN THE COUNTY: For those projects that have vested to a land use permit under the Development Regulations of King County, the King County Land Use Review Fee Schedule shall apply, and is hereby adopted by reference. A copy of that fee schedule has been filed with the City Clerk and is available at the City Clerk's office for public review. SECTION II. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk 'fir 1 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2008. *4010 Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1505:9/23/08:scr vard 2 f CITY OF RENTON, WASHINGTON No +► ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, GARBAGE, OF TITLE VIII (HEALTH & SANITATION) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," RELATED TO YEAR 2009 SERVICES AND UTILITY RATES FOR ALL CUSTOMER CLASSES. THE CITY COUNCIL OF THE CITY OF RENTON WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Section 8-1-10, Rates for Services, of Chapter 1, Garbage, of Title VIII (Health and Sanitation) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 8-1-10: RATES FOR SERVICES: The following schedule is hereby adopted as the monthly charges to be paid to the Nor City for services rendered in each category: A. Residential Customers: 1. For garbage cans, carts, and/or garbage units: Every Other Week Garbage & Recycling, 2009 Renton Weekly Yard Waste & Food Scraps SWU Monthly Service Level Rates Mini Cart (20 Gallon) $11.20 35 Gallon Contractor Cart $18.41 45 Gallon Contractor Cart $23.21 64 Gallon Contractor Cart $32.32 96 Gallon Contractor Cart $47.70 Senior Mini Cart Rate (75% subsidy)/Existing $2.80 Senior Mini Cart Rate (50% subsidy) $5.60 Senior 35 Gallon Cart Rate (50% subsidy) $9.21 Senior 45 Gallon Cart Rate (50% subsidy) $11.61 Senior 64 Gallon Cart Rate (50% subsidy) $16.16 Senior 96 Gallon Cart Rate (50% subsidy) $23.85 Now Extra garbage, up to 15 gallons per unit/per pickup $3.42 1 ORDINANCE NO. Extra yard waste cart rental $1.90 Return Trip Charge per pickup $4.97 `- 2. Residential customers are allowed to change their garbage service level once per year without incurring an administrative fee. Each garbage service level change per year above the once per year allowance will result in an administrative fee of$25.00. The one-year period shall begin January 1 and shall end December 31 each year. 3. Senior and/or disabled customers who qualified under Section 8-4-31C of this Title for low-income rates for 75% subsidy prior to May 31, 2008, are eligible for a $2.80 fee for 20 Gallon Mini Cart service. For services other than Mini Cart service, the rate schedule as provided in Section 8-1-10A.1. will apply. All senior and/or disabled customers qualifying under Section 8-4-31C for low income rates after May 31, 2008, are eligible for a 50% subsidy of the charges for the service level selected. 4. Premium Weekly Collection: Single-family residential customers may elect to have their garbage collected weekly for an additional fee of$18.80 per month. This fee will be added to the monthly garbage billing as an extra Premium Service Fee. 5. Miscellaneous Services: The City of Renton offers miscellaneous services at the following rates: Services Cost per Pick Up On-Call Bulky Waste Collection White Goods, except Refrigerators/Freezers/unit $60.19 Refrigerators/Freezers per unit $64.40 Sofas/Chairs per unit $55.97 Mattresses per unit $53.87 2 ORDINANCE NO. B. Commercial Customers: 1. Garbage Carts: Customers have the following Contractor cart-based services available: 2009 SWU Commercial Service Level Monthly Rates One 20 Gallon Mini Cart $32.85 Weekly One 35 Gallon Garbage Cart $36.52 Commercial One 64 Gallon Contractor Cart $46.93 Can and One 96 Gallon Contractor Cart $57.64 Cart Extra Cans or Units $5.64 Weekly Yard Waste Collection Cart $37.61 2. Hydraulically Handled Containers 1 — 8 Yards: The rate for the handling of hydraulically handled containers approved by the City's contractor and the City for use by commercial, industrial and multiple-family residence establishments °4r.r shall be as follows: a. Monthly Rates: 2009 SWU Commercial Service Level Monthly Rates Commercial 1 Cubic Yard, 1 pickup/week $98.57 Detachable 1 Cubic Yard, 2 pickups/week $185.12 Container 1 Cubic Yard, 3 pickups/week $271.68 (loose) 1 Cubic Yard, 4 pickups/week $358.23 1 Cubic Yard, 5 pickups/week $444.78 1.5 Cubic Yard, 1 pickup/week $135.12 1.5 Cubic Yard, 2 pickups/week $258.23 1.5 Cubic Yard, 3 pickups/week $381.34 1.5 Cubic Yard, 4 pickups/week $504.45 1.5 Cubic Yard, 5 pickups/week $627.55 2 Cubic Yard, 1 pickup/week $170.35 2 Cubic Yard, 2 pickups/week $328.68 2 Cubic Yard, 3 pickups/week $487.01 2 Cubic Yard, 4 pickups/week $645.34 Noisy 2 Cubic Yard, 5 pickups/week $803.67 3 ORDINANCE NO. 3 Cubic Yard, 1 pickup/week $242.38 3 Cubic Yard, 2 pickups/week $472.75 3 Cubic Yard, 3 pickups/week $703.12 3 Cubic Yard, 4 pickups/week $933.49 3 Cubic Yard, 5 pickups/week $1,163.86 4 Cubic Yard, 1 pickup/week $314.29 4 Cubic Yard, 2 pickups/week $616.57 4 Cubic Yard, 3 pickups/week $918.86 4 Cubic Yard, 4 pickups/week $1,221.13 4 Cubic Yard, 5 pickups/week $1,523.41 6 Cubic Yard, 1 pickup/week $456.00 6 Cubic Yard, 2 pickups/week $899.99 6 Cubic Yard, 3 pickups/week $1,343.98 6 Cubic Yard, 4 pickups/week $1,787.97 6 Cubic Yard, 5 pickups/week $2,231.96 8 Cubic Yard, 1 pickup/week $596.87 8 Cubic Yard, 2 pickups/week $1,181.73 8 Cubic Yard, 3 pickups/week $1,766.58 8 Cubic Yard, 4 pickups/week $2,351.44 8 Cubic Yard, 5 pickups/week $2,936.30 Extra loose cubic yard, per pickup $19.97 2009 SWU Commercial Service Level Monthly Rates Commercial 1 Cubic Yard Compactor $235.09 Detachable 1.5 Cubic Yard Compactor $339.73 Container 2 Cubic Yard Compactor $436.62 (Compacted) 3 Cubic Yard Compactor $643.03 4 Cubic Yard Compactor $849.71 6 Cubic Yard Compactor $1,262.47 b. Rental Rates: Rental rates for 1 — 8 yard containers will be paid in the monthly rates. c. Minimum Pickups: Minimum pickups for containers and compactors between 1 — 8 yards will be once per week. 3. Temporary containers are rented and billings are handled directly by Waste Management, Inc. 4 ORDINANCE NO. 4. Extra Charges: a. The following extra charges will apply for Commercial Services: Commercial Extra Service Fees Commercial Cart Carry out charge if> 50 feet (per time) $6.70 Additional Roll out fees over 25ft., from point of safe truck access/pickup $3.71 Unlocking & locking Gates and/or container lids, per pickup $3.84 Return Trip for containers not available for collection at regularly scheduled pickup time $29.51 b. Any extra yardage charges determined by the collection contractor due to overflowing containers will be charged per yard at the one yard rate listed under Section 8-1-10B.2.a. 5. Special Services: Whenever special services not contained within this schedule are required, the rate charged for those special services shall be negotiated by the customer with the City and the collection contractor. C. Commercial Roll Off Customers: Commercial Roll Off Customers are those who have a 10 — 40 Yard container or compactor. These large disposal containers are lifted and weighed at the disposal facility. Commercial container customers pay a disposal pickup fee based upon the number of pickups, a weight based fee and a container rental fee. Compactor customers pay a pickup fee based upon the number of pickups and a weight based disposal fee. 1. Base Pick Up Fees: The base pick up fees are as follows on a per occurrence basis: Commercial Roll Off Rates are Per Pickup 10 Yard Container $182.97 15 Yard Container $196.39 20 Yard Container $201.78 30 Yard Container $218.76 40 Yard Container $234.13 5 ORDINANCE NO. 10 Yard Compactor $208.23 '"eor''' 20 Yard Compactor $225.00 30 Yard Compactor $241.82 40 Yard Compactor $256.86 The minimum pickups are twice per month. 2. Rental Rates: The following are rental rates for roll off containers: Monthly Rental Rates 10 Yard Container $41.75 15 Yard Container $59.59 20 Yard Container $77.41 30 Yard Container $95.26 40 Yard Container $117.39 3. Disposal Fees: In addition to the Base Charge per pick up and the monthly rental fee, the customer must pay weight based disposal fees plus applicable tax. D. (Rep. by Ord. 4898, 3-19-2001) E. Classification and Appeal: Service category classifications shall be on the basis of the type and volume of solid waste and the purpose and type of the dwelling or facility being served as determined by the Public Works Administrator of the City, or the Administrator's duly authorized representative. Any person who shall deem their classification improper may appeal to the Solid Waste Coordinator within forty five (45) days following their classification or change of classification. After the decision of the Solid Waste Coordinator, if the party appealing is still aggrieved, then the party may appeal to the Public Works Administrator, whose decision shall be final. NatO 6 ORDINANCE NO. New SECTION II. These rates become effective with billings computed on or after January 1, 2009. SECTION III. This ordinance shall be effective upon its passage, approval, and forty-five (45) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Niko, Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1510:10/27/08:scr Aolow 7 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE CITY OF RENTON FISCAL YEAR 2008 ANNUAL BUDGET TO APPROPRIATE AND TRANSFER $200,000 FROM THE GENERAL FUND (000) TO THE NEWLY CREATED HOUSING OPPORTUNITY FUND (326). WHEREAS, on December 10, 2007, the City Council adopted Ordinance 5325 approving the 2008 Annual Budget; and WHEREAS, it is necessary to amend the City of Renton Fiscal Year 2008 Annual Budget to create a new Housing Opportunity Fund 326 to be allocated in the following manner: HOUSING OPPORTUNITY FUND—PROPOSED PROJECT ELIGIBILITY AND USES OF FUNDS Projects must be physically located within the Renton city limits. Projects must serve low and/or moderate income households and/or special-needs populations as follows: • First priority — New construction projects to increase the available supply of affordable housing in Renton with a preference for mixed-income projects. • Second priority — Acquisition and/or rehabilitation of existing multi-family housing projects to increase the available supply of affordable housing in Renton. • Third priority — Rehabilitation or remodeling of existing multi-family housing projects to maintain the facility as decent, safe, and sanitary affordable housing. • Eligible projects offering home ownership opportunities, such as condominiums, townhouses, cottages, etc., must be affordable to households earning no more than 80% of the median income in King County. Eligible rental projects must be affordable to households earning no more than 60% of the median income in King County. The funds are available to entities to support the project activities noted above, but may not be used to provide grants or other direct financial assistance to individuals. The entities that receive the funds must agree to maintain the housing as affordable for a minimum of ten years. 4110, 1 ORDINANCE NO. The City's funds may be used, for example, for seed money, local match, land acquisition, development costs, construction costs, etc. to support the project activities noted ..rd above. The City will strive to maximize leverage for other public and private funds with a minimum projected $1 to $1 match and preferred projected match of 1-to-4 ($1 of City funds for each $4 of projected other funds). Projects will have up to three years to use the City's funds from the date the project's funds are approved by the City Council. HOUSING OPPORTUNITY FUND — PROPOSED SELECTION AND APPROVAL PROCESS FOR AWARDING FUNDS Interested entities may submit an application to request funds at any time to the Department of Community and Economic Development Administrator. The Department of Community and Economic Development Administrator will review the application in collaboration with an interdepartmental team and prepare a recommendation to the City Council for approval. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. The Fiscal Year 2008 Annual Budget is hereby amended to include the new Housing Opportunity Fund. Said fund shall be the HOUSING OPPORTUNITY FUND (326). SECTION II. Appropriations in Fund 000 and Fund 326 are hereby changed as follows: 2008 Adjusted Fund 2008 Budget Budget Change Bud et 000.000000.000.3990.0000.00.000000 $1,392,361 $200,000 $1,592,361 000.000000.000.5970.0059.00.000000 $0 $200,000 $200,000 326.000000.000.3970.0059.00.000000 $0 $200,000 $200,000 326.000000.000.5080.0000.00.000000 $0 $200,000 $200,000 Source of Funds: Transfer from General Fund 000 to CIP Fund 326 2 ORDINANCE NO. '441410- SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1504:9/18/08:scr 3 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING THE FISCAL YEAR 2008 BUDGET BY ALLOCATING FUNDS FROM A GRANT FROM THE STATE OF WASHINGTON (WASHINGTON AUTO THEFT PREVENTION AUTHORITY) IN THE AMOUNT OF $70,962 TO FUND 000/008 GENERAL FUND - POLICE DEPARTMENT; AUTHORIZING THE ADDITION OF A FULL-TIME INVESTIGATOR; AND ADDING THE POSITION TO THE 2008 BUDGET INDEX OF POSITIONS. WHEREAS, the State of Washington created the Washington Auto Theft Prevention Authority (WATPA), to administer state funded grants that focus on addressing the high volume of auto theft and auto theft related crimes within the state; and WHEREAS, south King County law enforcement agencies and north Pierce County agencies, as well as the King County Prosecutor's Office developed a strategy to create a multi- jurisdictional taskforce to target auto theft within the local region; and WHEREAS, the taskforce committee submitted a grant request to establish the Preventing Auto Theft through Regional Operational Links (PATROL) taskforce; and WHEREAS, the State of Washington awarded the taskforce $1,030,000 to cover equipment, facilities, and staffing through the end of the State's 2008/2009 fiscal year; and WHEREAS, in order to participate in this grant and the taskforce, the Renton Police Department will need to assign an investigator to the taskforce and add a full time equivalent to the 2008 Budget Index of Positions; and WHEREAS, the state would reimburse the City of Renton for PATROL Taskforce Investigator's salary and benefits, totaling $70,962; and WHEREAS, this additional position is contingent upon the continuation of grant funding; °+rrr 1 40.1.1 ORDINANCE NO. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Appropriation in Fund 000/008 is hereby adjusted as follows: Account No. 2008 Budget Budget Adjustment 2008 Adjusted Budget 000.000000.008.5210.0023 $1,730,221 $70,962 $1,801,183 Source of funds: Grant from State of Washington (Washington Auto Theft Prevention Authority) SECTION II. The PATROL Taskforce Investigator position, grade pc60 is hereby added to the 2008 Budget index of positions. SECTION III. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this day of , 2008. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2008. Denis Law, Mayor Approved to as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1506:10/3/08:scr 2