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2019-09-03 Council PKT - RegularCITY OF �. Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA Council Chambers - City Hall September 3, 2019 — 6:30 p.m. 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Police Department Swearing In Ceremony — Officer Clark b. Proclamation: Constitution Week September 17-23 ...page 3 c. Proclamation: National Recovery Month — September ...page 4 d. Certificate of Recognition: Federal Way Soccer Association's donation of $50,000 towards the Field Turf replacement at Saghalie Park ...page 5 e. Certificates of Appointment — Senior Advisory Commission ...page 6 f. Certificates of Appointment — Diversity Commission ...page 17 g. Mayor's Emerging Issues and Report • Back-to-School Safety Briefing — Police Chief Hwang • Recent Events: Federal Way Public Schools New Teacher Breakfast (8/12) • Upcoming Community Events: Groundbreaking Ceremony for DaVita Building —Sept 9; Quarterly City Update at the Chamber — Sept 10; 9-11 Ceremony at South King Fire & Rescue Station 64 — Sept 11; Experience the Difference Food and Beverage Showcase at the PAEC — Sept 12; Boys and Girls Club Fundraiser Breakfast — Sept 17; Korean Quarterly Meeting — Sept 17; Mayor's Day of Concern at area grocery stores — Sept 21 h. Council Committee Reports • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Land Use/Transportation Committee (LUTC) • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Regional Committees Report (PIC) • Deputy Mayor Report The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 4. CITIZEN COMMENT PLEASE COMPLETE A PINK SLIP AND TURN IT IN TO THE CITY CLERK PRIOR TO SPEAKING. When recognized by the Mayor, come forward to the podium and state your name for the record. Please limit your comments to three minutes. The Mayor may interrupt comments that exceed three minutes, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items maybe removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: August 13, 2019 Special and Regular Meeting Minutes ...page 19 6. COUNCIL BUSINESS a. Interlocal agreements approving membership in Washington Cities Insurance Authority (WCIA) ...page 28 b. Federal Way Lieutenants' Association Bargaining Agreement ...page 61 c. Civil Action to Collect Money from Rental Agreements ...page 102 7. COUNCIL REPORTS 8. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. City Council Meetings are wheelchair accessible; and assisted listening devices for use in the Council Chambers are available upon request to the City Clerk. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. CITY OF Federal Way PROCLAMATION -"Constitution Week" September 17 - 23, 2019 WHEREAS, September 17, 2019 marks the two hundred and thirty-second anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, Public Law #915 signed by President Dwight D. Eisenhower in 1956 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17th as Constitution Day; WHEREAS, celebrations are to emphasize citizens' responsibilities for protecting and defending the Constitution as we preserve it for posterity; to inform the people that the Constitution is the basis for America's great heritage and the foundation for our way of life; and to encourage the study of historical events which led to the framing of the Constitution in September 1787. NOW, THEREFORE, we the undersigned Mayor and City Councilmembers of the City of Federal Way do hereby proclaim September 17 - 23, 2019 to be "Constitution Week' in Federal Way, ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787 and reflect on our heritage of freedom. SIGNED this 3rd day of September, 2019 FEDERAL WAYMAYORAND CITY COUNCIL am Ferrell, Mayor ncilmember Hoang V. Tram, Councilmember Martin Moore, Councilmember 5 nda, Deputy Mayor Jesse E. Johns n, Councilmember is Ka ng, ncilme be Dini Duclos, Councilmember 1k CITY OF vz�� Federal Way PROCLAMATION "National Recovery Month" WHEREAS, behavioral health is an essential part of one's overall wellness; and WHEREAS, prevention of mental and substance use disorders is effective and people recover in our area and around the nation; and WHEREAS, preventing and overcoming mental and substance use disorders is essential to achieving healthy lifestyles, both physically and emotionally; and WHEREAS, we must encourage relatives and friends of individuals with mental and/or substance use disorders to implement preventive measures, recognize the signs of a problem and guide those in need to appropriate treatment and recovery support services; and WHEREAS, an estimated 400,000 people in King County are affected by these conditions; and WHEREAS, to help more people achieve and sustain long-term recovery, the United States Department of Health and Human Services, the Substance Abuse and Mental Health Services Administration, the White House Office of National Drug Control Policy, and the City of Federal Way invite all residents to participate in "National Recovery Month;" and NOW, THEREFORE, we, the undersigned Mayor and City Council of the City of Federal Way do hereby proclaim September 2019 as "National Recovery Month" and encourage all citizens to observe this month with appropriate programs, activities and ceremonies to support this year's Recover Month theme, "Join the Voices for Recovery: Together We Are Stronger". SIGNED this 3rd day of September, 2019 FEDERAL WAYMAYORAND CITY COUNCIL Jim Ferrell, Mayor Aja As efa-Da o n, n,irilmember jdoang Y. Tian, Councilmember Martin Moose, Councilmember Sus n F oda, Deputy Mayor se E. Johnson, Councilmember k Ko g, Counphrem Dini Duclos, Councilmember ....., . ...... .. .. ............. ..... , ...,,,;,,,.r ..��. �.. _.... .. .. . r• .., .,.. , ...- .... ., r.. ., ..� r, ...r ....n a mr.. w�rr�r, . „ r•�e• , .a w r.. e., ...n r, . ............. ,1 E � � i\r �i 1Yr ! .Fe 4� 1YA i. 1. !, {.� (. '{• �; �i. i� i.iri r.0 .. _ ..r„ , -. r• ruir.inre,re, ..� .. ��. �.� �.... ��.. �. n.u�nn. .uu . ....e .u..�r,• nr.,+. - / 1 CITY OF �R Federal Way*4 Certificate of Recognition �. ,fE s Presented to x Federal Wry Soccer Association a- 1t t� On Behalf of the Elected Officials and the Citizens of Federal Way, Washington, in recognition of your generous donation of $50,000.00 to help replace the Field Turf at Saghalie Park and continued support = , throughout the years which have elevated the conditions of the fields that the children and adults enjoy every day in Federal Way. Your hard work, generosity and continued support help make the city of Federal Way a better place to live, work and play. E Dated this 3rd day of September, 2019 Ferrell, Mayor Susan Honda, Deputy Mayor Ly .i Assefa-Daw 11, Councilmember Jes, E. Johnson, Councilmember Ho V. Tran, C ncilmember 1 I" ij Mark K pang, Council ber Martin Moare, Councilmember Dini Duclos, Councilmember ........................... .......................,r rr ,. r. , urr r., ..., i dire r�r,�r . i��, ��r �.�tirr��ir n� ori viii... ,. ., u , .... r, rrn..n ..... .�.. ... �. ...... r. . , ..•. . r r .....n,r. ..,r ,r, r r<.......... ire �..i •.. •. ` i1 fi S• t- V'i }� ti� iS iy .� Vx t .r.... `, „ .., .., ............... ... ..., e, . ......, .. .......... ... ..... „.., . .,.... „........ ,f 1. 21 i CITY OF Federal = 1 � ` . Certificate of Appointment ^1�Y ..: In accordance with Federal Way Revised Code 2.62, t I� Carolyn Ay is hereby appointed to serve as a voting member of the Federal Way << 3 Senior Advisory Commission for a term to expire August 31, 2020. Jim Ferrell, Mayor Susan Honda, Deputy Mayor Lydia Assefa-Dawson, Councilmember Jesse E. Johnson, Councilmember r , i� �1 Hoang V. Tran, Councilmember Mark Koppang, Councilmember ' ' ! Martin Moore, Councilmember Diri Duclos, Councilmember I F y j Dated this 3rd day of September, 2019 r► ij ., .:, .., . ,,.... .... ... ... .. :... .. ..:................. w..«..:.. ........... , „ ... ;: .. ,..... ,.. r.... . ,........,.. ... ........ ., _ . , .,,. _ _k ' l � �+p 5 5 i f S 5 -. l `i `' k 5 ; ` i . 5 f. e r 4P t•r f' .r �� j *� 's•: .............=.i.. _ 1 CITY OF VZ:k Federal Way Certificate of Appointment In accordance with Federal Way Revised Code 2.62, MfflMMFff#%- ml -- is hereby appointed to serve as a voting member of the Federal Way Senidvisory Commission for a term to expire August 31, 2021. fJ/fi Ferrell, Mayor A . � /l Ly Assefa-Daig jon, Councilmember i�� Nl Hon V. Tran,�ouncilmember f� f . e Martin Moore, Councilmember -W /I'-- hl� dti— Susan H n Deputy Mayor less Johnso , Councilmember Mark Kappa Irg, C cilme er Dini Duclos, Councilmember Dated this 3rd day of September, 2019 �.r ,� � � � ��r. �r fir. .�r �: .r .r r �r � r �► .r .r .r ' �r k P. f ! f. J. f'l1 p',+� 'aAl +t .x.14# 2. 1 (} ! 2• A _ h f� fti. ^ �� f� 4 t�4 w f� .f r! } •yam.. w 1 f _�t•1 �C4h 1 4 � L! 1 5 1� � �\' ,�[R ',N '� R .i•,,,•,„� ..... ., ,..n ....................... ............. ,. �•.,,. .. .... ... .... .. ...... .... f'. K MY OF P Wa N,�,f e ral '• IE Certificate of Appointment X-1 In accordance with Federal Way Revised Code 2.62, I! Ho-a-ae FtA. II F F is hereby appointed to serve as a voting member of the Federal Way w� 4"} Senior AdvisoryCommission for a term to expire August 31, 2021..,4Q -<v lq- li err 1, Mayor Susan Hand Deputy Mayor 4 j Lydi ssefa-Daws Counci/memberless . Johns on, Councilmember k z Hoang V. Tra , Councilmember Mark Kop ang, C ncil ember F. Martin Moore, Councilmember Dini Duclos, Councilmember k Dated this 3rd day of September, 2019 ,F „r„r......, r. ;- .......... ,,,.r... r. r,. r, ........ - ...... r,r,.,,r , r r, , .;r. - :. • r „ „r ..r.: ,, , ............. ... JJ r r r r • r i +' -� Y� _ i � �, to y�'A KIP .,, . ., . , .,, r. .......... . ......i ........ ..r - ......i . , .. ,., a-ne r ,. ., ,. , .r.... ., . .. .. ., ,.,,... ....,. i... - ... _ , .i , 1 CITY OF 4% Federal f Certificate of Appointment 3 t.� In accordance with Federal Way Revised Code 2.62, F Sue Ellebrecht i f lee, is hereby appointed to serve as a voting member of the Federal Way ` x.1 Senior Advisory Commission for a term to expire August 31, 2020. r Fer4//,ayor Susan H, d eputy Mayor L Assela-Da on, Councilmember les F. Johnson, Councilmember r Hoang V. Tran, Councilmember Mark Kopp cilmember Martin Moore, Councilmember Dini Duclos, Councilmember Dated this 3rd day of September, 2019 ........................................... r.., .... .,......,r„ .,,,,, .. .... r ..... .... . . ....... . ..... . ...... F, wll'�i - {. t { ti t• *. L S r { 4 4 __ _ r, n. _ e, r„ .o..r a r.r ., , . . .,,. u,. .,�. .. a.r, r„r..,+LI ...........�r . ,rrr, .. r. .... .. r ... .. ........r, ....r... CITY OF V;z Federal Way 'j Certificate of Appointment { G In accordance with Federal Way Revised Code 2.62, k Frank Fields is hereby appointed to serve as an alternate member of the Federal Way ' Senior Advisory Commission for a term to expire August 31, 2022. m Fe rell, Mayor Susan da, Deputy Mayor l E S i, Ly Assefa-Da on, Councilmember J se E. Johnson, Councilmember Hoang V. Tran, Councllmember Mark Kopp C ilme er `too. artin Moore, Councllmem6er Dini Duclos, Councilmember x Dated this 3rd day of September, 2019 yr _ T ........ .. ,. Wl1 4% CITY Of ,L Federal Way Certificate of Appointment In accordance with Federal Way Revised Code 2.62, Debbie Harvey is hereby appointed to serve as a voting member of the Federal Way Senior Advisory Commission for a term to expire August 31, 2022. ,'L /z Ji Ferrell, Mayor Susan a a, Deputy Mayor ii;'Ier L i Assefa-Dai n, Councilmember jelxE. Johnson, Councilmember Hoang V. Tran, Councilmember Mark Kopp n, C cilrrlar ber Martin Moore, Councilmember Dini Duclos, Councilmember Dated this 3rd day of September, 2019 ....,,„,,,, „ ,....,.... ...` ..,.1- 1 �k k �7fi ! 14 ,_ E .Nt Ih eh ` I 1�'! ! rt t4!.N + i f4 P4 !.� I 1. f1 It t. f.H... ..........., ,.. „ .. ............... ........... ,. .,. r ., , ,,.. ., ....... , .. , ..., r ... .. ... , , .. ..... ..... ... .... I 5 ..� n' CITY OF : SII _Federal Way 1 Certificate of Appointment l� f In accordance with Federal Way Revised Code 2.62, ....� Lynette Karasuda Rr s` is hereby appointed to serve as a voting member of the Federal Way ” Seni � dvlspry Commission for a term to expire August 31, 2020. Jim Ferrell, Mayor Susan N nd , Deputy Mayor r Ay/ _- I i L Assefa-Da on, Councilmember Jes Johnson, Councilmember 1 ff Hoang V. Tran, auncilmember Mark Kappa g, ncilm Ger Martin Moore, Councilmember Dini Duc%s, Councilmember ` Dated this 3rd day of September, 2019 r __ �_� _ . ... •:.. ,.,,n . r . ., .,, ... nu,........... unr._ ... .. ..... , .r..n, ....... ............ .. ..., ..,n- ......................................,n........... u...,,...n...uu.,.............., .ue ., .. .c.... eu.... •n.• --............ YA Nr 1V C V Y y. y `4 ' j � 5 � f • 5, f' i i i�' 1' S, 4t 4r {Y . S� ;�. - `� 1 r ><�i f• i, a i.. s: a . J .F L, iIj �►► yaI NIWV— ql �i.►a s.+► i. a►� �Ra.�Tw U.0IU. r.►a�.r 4u�r�.►au �uti �Ra� �.as��.Rle�f.a►a r ►�1` i►� �.a��a ��.�..R�. an: Ilf CITY OF . 0 s a ■ �►4f.A w.l-mJls Lr..i n. # -1 is s 1311. Certificate of Appointment In accordance with Federal Way Revised Code 2.62, Kevin King is hereby appointed to serve as a voting member of the Federal Way Sen p, -Pdvis ry Commission for a term to expire August 31, 2022. liaherrell, Mayor Susan o� Deputy Mayor S. ty is Assefa-0a n, Councilmember J E. Johnson, Councilmember cool 1 Hoang V. Tran, Councilmember Mark Koppan uncllmenF er , Martin Moore, Councilmember Dini Dudos, Councilmember Dated this 3rd day of September, 2019 -- r, w,. 7 .. .. ........ „ , ., , ,,,1-1111.1-11 . ,, ,, ,.. „ CITY OF 4. Federal Way Certificate of Appointment In accordance with Federal Way Revised Code 2.62, Dora Leonard is hereby appointed to serve as an alternate member of the Federal Way Senigr-,�dvisory Commission for a term to expire August 31, 2021. r'm 41 -elf, Mayor Ly Assefa-Daw n, Councilmember -&01717g V..Tran, Councilmember Martin Moore, Councilmember DeputyayorSuM Je E. Johnson, Councilmember f �!r Mark Koppahg, (]2Vnd1nvrmber Dini Duclos, Councilmember Dated this 3rd day of September, 2019 VrA-11 .. i-l'-,Ull A , rTYr`�� 'rel vAL A * �„ ...,. 1 ......... ............ - „ ,,, .u.. „ - ,.,�..�ry' .. , - , . .. .............................................„ , , , ,,,, ., r. ., .r. r. .. . ................ . r.................................., r ...,.... .. w�. ., - rl[r ��.i ..�....� .. ......i . r.., ., .... �,i ..�...i ii ... . �. .., ., ....r.. .. ..-...��.. , r...r. ..r ,,..rr. ,r ...,,.e r..... .r.. . I CITY OF Federal I Certificate of Appointment In accordance with Federal Way Revised Code 2.62,i,:� E �JJ Catherine North rAt j is hereby appointed to serve as a voting member of the Federal Way `: Senior Advisory Commission for a term to expire August 31, 2021. a� Jim errelll Mayor Susan o a, De ut Ma or`F P Y Y i o - ty i Assefa-Daws n, CouncilmemberJ14 e E. Johnson, Councilmember jI V IrI� t F� *lop Hoag V. TranACouncilrnetnber Mark oppan , Councilmerrt er ' Martin Moore, Councilmember Dini Duclos, Councilmember Dated this 3rd day of September, 2019 Ljj,r,....,r,....,r,.,, ,, r.,.,, ,r,,..,..r,a fi„ r, r . r„ .. . . . ...... ....... r. r., ,r..r .. r r,........................ .......,..r....,..... , r... , ., r, . ,. ,r ,r r r.......nr.,.r.rr,,.,„r .. , ..,_ i i- i f' y � {” (� i� Y [� (• i” � i•'-. � ti. .I. ir.s• [{� 1r F. w I I .. . . .. ....................r. �' . r., r., ., . r. �.� . , ..., ...r„ ,. ,..r..rr.,. r...r, ....,.r.,,..., ., .rr, ..,.r ,..., . ., r., r., r,., r. .,....................,n. r., .,.., r ,r ,r..., , ............... r r, .......... , „ r„rr,r „r.., , r .r, ., r..,r., ,r, „r,r . „ ., r, ., ............. , ... Y ! ! _ i. ! A 7k 1� •`y 1��, r� +1 11V !. ]Y mm h .�n ., .. r r,r. - r ,..v ................ .err r, r, , rn n .r . 1.,r. ,:. r, d . r,,.,. ...,nnrun„ ....., A S+ - ... , t L � A y ' CITY O F A s N +''i AFederala.. A . dl } ,+. Certificate of Appointment } In accordance with Federal Way Revised Code 2.62,, fy l n e Volheim a is hereby appointed to serve as a voting member of the Federal Way Senior Advisory Commission for a term to expire August 31, 2022. 7 Ad5saI �errell; Mayor 5 an o a, Deputy Mayor y` �! € j y Ly a Assefa-Daw an Councilmember Je Johnson, Councilmember i ` Hoa g V. Tian, Councilmember Mark kappa g, Councilme er Martin Moore, Councilmember Dini Duc%s, Councilmember t ' Dated this 3rd day of September, 2019 r _ ....�. ....� , .............................., .r „ rr:�.�,,... - .,r,�r, . rru..nr, r.,,n .. —., _ n ,i .. , ., .... rr..rr.rr.,rr.r. r, ... . , .��,.�� . ........ ....... ...... ..�.��.. _. rrr n.,.....,... ..r,.r,.r, A w 't i r. ....i'..�. r„ .................... rr, re..rr ..,. , , . . . i..,. . , ., .. r. - .r vr. rr�, Ir . r•r r•...r a...............-- ...... r r .t , . r r ...i rt r................................. i .............. ........... . r....................r r rrl r•t. rr r r, .r rr rri..... r.......... ..r r r r.• r rr rr irr rr rr r •irr r i�. r r r• 'A + A -HIM HE H 1A PN CITY OF Federal - Certificate r Appointment q. In accordance with Federal Way Revised Code 2.65, Ir Ali Hajheidari ISO,[ Fir mom, SUM& is hereby appointed to serve as a voting member of the Federal Way Imff Diversity Commission for a term to expire May 31, 2021. im Ferrell, Mayor 505an H2 ._,,, Deputy I D.in, ouncilmember John5on,/ - / - - /qr a inI / - ! /s, Councilmember Dated this 3rd day of September, 2019 V i i � ��r •tom i�� r�:r.ri rr-Its a r. .r. /4n r �R.r .r .r:��.r�:r firs .r + ra 100 11 ' "A X- -H I NA. EA. 0. HE L HEUER- 'HANNIMN. IN ............. CITY OF Z �i� A Federal 4j Certificate of Appointment In • •.nce with Federal Way Revised Code 2.65,4 UAW Larissa Lincoln W is hereby appointed to serve as a voting member of the Federal Way H, Di ersity Commission for a term to expire May 31, 2021. /FWrell, Ma.. Deputy LYC 68558fa-DawsrIJ CouncilmemberJohnson, I , -Ai ,I, I•- , ,- ,- � Martin Moore, Councilmember Dini Duclos, Councilmember MOM Dated this 3rd day of • 1 IN 141 fir;�/:+►.r 'r. `.►►.Y.r MEri►■ 'P. TV.4�,r�` RM"16 COUNCIL MEETING DATE: September 3, 2019 ITEM #: 5a .. . .... ... ............ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the August 13, 2019 Regular and Special City Council Meetings? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Court, Cit Cy lerk DEPT: Mayor's Office Attachments: Draft minutes for the August 13, 2019 Regular and Special Meetings Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A Committee Member PROPOSED COUNCIL MOTION: "I n7ove approval of the nzin rtes as presented. " (BELO111 TO BE COMPLETED BY CITY CLERKS OFFICE) N/A Committee Member COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances on A) ORDINANCE # REVISED— 12/2016 RESOLUTION # CIT Federal Way CITY COUNCIL SPECIAL MEETING MINUTES Hylebos Conference Room - City Hall August 13, 2019 — 4:30 P.M. 1. CALL MEETING TO ORDER Deputy Mayor Honda called the meeting to order at 4:30 p.m. City officials in attendance: Deputy Mayor Susan Honda, Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. Deputy Mayor Honda excused Councilmember Assefa-Dawson's absence. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. COMMISSION INTERVIEWS The City Council interviewed applicants who were seeking appointment to the Senior Advisory Commission and the Diversity Commission. 3. EXECUTIVE SESSION At 5:55 p.m. Deputy Mayor Honda recessed into Executive Session for the purpose of discussing potential litigation pursuant to RCW 42.30.110(1)(i) and collective bargaining pursuant to RCW 42.30.140(4)(b); anticipated time was 30 minutes. Potential Litigation Pursuant to RCW 42.30.110(1)(i) • Collective Bargaining Pursuant to RCW 42.30.140(4)(b) 4. ADJOURNMENT There being nothing further on the agenda; the Special Meeting was adjourned at 6:20 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Special Minutes Page 1 of 1 August 13, 2019 4*4 FCITedY eral Way CITE' COUNCIL REGULAR MEETING MINUTES Council Chambers - City Hall August 13, 2019 — 6:30 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:34 p.m. City officials in attendance: Mayor Jim Ferrell, Deputy Mayor Susan Honda, , Councilmember Jesse Johnson, Councilmember Hoang Tran, Councilmember Mark Koppang, Councilmember Martin Moore, and Councilmember Dini Duclos. Councilmember Lydia Assefa-Dawson participated telephonically. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. PRESENTATIONS a. Proclamation: 2020 Census Mayor Ferrell read and presented the 2020 Census Proclamation to Taylor Hoang, Census Bureau Partnership Specialist Ms. Hoang thanked the Mayor and Council and noted the proclamation will be shared on their website. b. Certificate of Appointment —Arts Commission Councilmember Johnson acknowledged Joslyn Pocock who was recently appointed to the Arts Commission however was unable to attend the meeting. c. Mayor's Emerging Issues and Report Report on National Night Out (NNO): Deputy Chief Sumpter thanked all of the neighborhoods and neighbors who participated in NNO and the participants of the event held at Town Square Park. He expressed this event is one of his favorites and brings immeasurable value in the city. Mayor Ferrell thanked the Police Department, Betty Taylor, Deputy Mayor Honda and Senator Claire Wilson for their efforts surrounding the National Night Out events. Deputy Mayor Honda also thanked Lions Club members who supported the event. Federal Way City Council Regular Minutes Page 1 of 7 August 13, 2019 Re,00rt on Recent Events: Mayor Ferrell reported the Flavor of Federal Way was a big success thanks to Jeri -Lynn Clark and the Diversity Commission. It was held on August 10 at Town Square Park and doubled in size from the previous year. He also reported on the success of the 63rd Annual Kiwanis Salmon which took place at Steel Lake Park. Upcominq Events: Mayor Ferrell encouraged everyone to attend the next movie at Town Square Park on August 17. Lego Movie II will be showing with an anticipated start time of 8:45 p.m., dependent on sunset. d. Council Committee Reports Finance, Economic Development Regional Affairs Committee (FEDRAC) — Chair Duclos reported on their most recent meeting held July 23. She and Finance Director Ade Ariwoola are scheduled to meet with the State Auditors. Lodging Tax Advisory Committee (LTAC) — Chair Moore provided no report. Land Use/Transportation Committee (LUTC) — Chair Koppang reported a light agenda at their previous meeting. He announced the next meeting will be held September 9 due to the Labor Day holiday on the September 2. Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) — Chair Johnson reported the August PRHSPS meeting was cancelled with the next meeting scheduled for Tuesday, September 10. Regional Committees Report (PIC) — Councilmember Assefa-Dawson attended the Sound Cities Association (SCA) Public Issues Committee (PIC) meeting. She reported they are coordinating a regional conference regarding homelessness and hope to have local leaders convene. AWC and SCA will partner on local control and the Legislative Agenda for 2020. Deputy Mayor Report — Deputy Mayor Honda reported the Senior Advisory Commission interviews took place during the Special Meeting and appointments would be during Council Business; their first meeting will take place in September. She encouraged citizens to be involved and apply for commissions and referenced ongoing recruitments. She announced an upcoming Coffee with Council scheduled for October 12. 4. CITIZEN COMMENT Dana Hollawa spoke in favor of agenda item 6a to suspend the cities participation in StART. Lana Bostic made a suggestion to council to display a Pride Flag or otherflags bearing significanceto the residents of Federal Way along S 320th Street. Bernadine Lund expressed her agreement to withdraw from the StART committee. She feels the meetings feel unbalanced in decision making. Lance Lyttle, the managing director of the Aviation Division of SeaTac, thanked Federal Way for its participation in StART. Mr. Lyttle expressed his hope that the City of Federal Way will continue its engagement. John Resing spoke on behalf of Quiet Skies in favor of suspending participation in StART. He stated that it is critical for Federal Way to vote unanimously along with cities like Burien and Des Moines. Federal Way City Council Regular Minutes Page 2 Qf 7 August 13, 2019 Two letters were read into the record by the City Clerk from Steve Edmiston and Susan Tegler Peterson regarding suspending participation in the StART Committee. Linda Kochmar sat in on the discussions for the third runway for 10 years and shared that many of the obstacles faced today are the same as what was faced at that time. She urged Federal Way to stick with other neighboring cities because we have strength in numbers and expressed herfeeling that we should keep on with pressing for a second regional airport. Mayor Ferrell noted he had a conversation with Adam Smith on this issue. He thanked Mr. Lyttle and Mr. Kaplan who has given comment. 5. CONSENT AGENDA a. Minutes: July 15, 2019 Special Meeting Minutes; July 16, 2019 Regular and Special Meeting Minutes; and July 30, 2019 Special Meeting Minutes b. Vouchers 6/16/2019 — 7/15-2019 c. June 2019 Monthly Financial Report d. Dumas Bay Centre Janitorial and Housekeeping Services Contract e. Performing Arts and Event Center 2% for Arts — Payment of Taxes f. Resolution: Accept Grant Funding for Transportation Improvement Projects (S 314th St and Lakota Middle School Safe Routes to Schools)/APPROVED RESO #19-770 g. Military Roads S Pavement Repair Contract Award DEPUTY MAYOR HONDA MOVED APPROVAL OF ITEMS A THROUGH G ON THE CONSENT AGENDA; COUNCILMEMBER DUCLOS SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 6. COUNCIL BUSINESS a. Discussion regarding Suspending Participation in the StART Committee Bill Vadino, Senior Advisor provided a background on the history of Federal Way's participation with the Sea -Tac Stakeholder Advisory Round Table (StART). He reported both the City Councils for the City of Burien and City of Des Moines voted unanimously to suspend participation with StART. He reviewed their rationale and also briefed Council on the StART Noise Initiative to date. Councilmember Duclos inquired regarding the Port's reaction to the actions taken to date. Mr. Vadino reported their willingness and desire to have cities return to the table. Councilmember Tran asked what other avenues the city would have to speak to port commissioners if the Council does elect to suspend their participation. Mr. Vadino stated there is the Highline Forum as well as direct contact. Councilmember Moore asked why there was the lack of communication from the Port. Mr. Vadino stated the Port has portrayed it as an oversight and publically apologized. Councilmember Johnson questioned why cities are deciding to suspend participation rather than withdrawing. Mr. Vadino responded he believes it is so that a door remains open for Federal Way City C01117cil Regular Minutes Page 3 of 7 August 13, 2019 communication Councilmember Assefa-Dawson expressed concern that if the city suspends participation it will no longer have a voice. She believes the lack of communication was an oversight and she wants to stay involved and continue collaboration with the Port. Councilmember Koppang does not believe the actions being taken are the result of one mistake, rather due to the lack of collaboration throughout the process. He believes by suspending participation, there can be discussions regarding the framework and need for a collaborative effort. He believes by standing together with other cities we will get better results. Councilmember Duclos concurred with Councilmember Koppang stating the cities need to stick together and fight together. Deputy Mayor Honda indicated it is time to stop the growth and consider other options such as building another regional airport. She believes the best option is to suspend participation, but work together with other cities to create a forum where trust can be built again, where discussions can happen, and results can be seen. DEPUTY MAYOR HONDA MOVED TO SUSPEND PARTICIPATION IN THE SEA -TAC STAKEHOLDER ADVISORY ROUND TABLE (StART) AND DIRECT STAFF TO RETURN TO COUNCIL TO SEEK AUTHORITY TO RESUME PARTICIPATION AFTER WE HAVE DISCUSSED WITH OTHER CITIES AND PARTIES CONCERNED OUR ISSUES AND COME TO AN AGREEMENT; COUNCILMEMBER KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Johnson yes Councilmember Tran yes Councilmember Koppang yes Councilmember Moore yes Councilmember Duclos yes b. Decatur High School Distributed Antenna System (DAS) Replacement Thomas Fichtner, IT Manager, provided a brief history of the radio system within Federal Way and the greater Federal Way area. He highlighted Decatur High School has been a long- standing problem area for 800MHz portable radio coverage which interferes with officer radio communication. Currently, an officers "portable" radio has effectively no coverage inside Decatur High School without a DAS. He listed potential solutions and explained the selected option which is to get the signal from another location and use fiber to transmit to Decatur High School. City Hall has been selected as the donor site and the costs associated with the project will be split evenly with the Federal Way School District. Deputy Chief Kyle Sumpter agreed with the recommendation and noted the importance of completing this project. COUNCILMEMBER DUCLOS MOVED TO AUTHORIZE THE PURCHASE AND INSTALLATION OF THE DECATUR HIGH SCHOOL DAS FROM KING COUNTY RADIO COMMUNICATIONS SERVICES FOR A TOTAL NOT TO EXCEED $39,353.70; COUNCILMEMBER MOORE SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Johnson yes Councilmember Tran yes Federal Way City Council Regular Minutes August 13, 2019 Councilmember Koppang yes Councilmember Moore yes Councilmember Duclos yes Page 4 of 7 c. Senior Advisory Commission Appointments DEPUTY MAYOR HONDA MOVED TO APPOINT THE FOLLOWING INDIVIDUALS TO THE SENIOR ADVISORY COMMISSION: DEBBIE HARVEY TO FILL A VOTING POSITION (#1) EXPIRING AUGUST 31, 2022, KEVIN KING TO FILL A VOTING POSITION (#2) EXPIRING AUGUST 31, 2022, CHERYL VOLHEIM TO FILL A VOTING POSITION (#3) EXPIRING AUGUST 31, 2022, HOPE ELDER TO FILL A VOTING POSITION (#4) EXPIRING AUGUST 31, 2021, LANA BOSTIC TO FILL A VOTING POSITION (#5) EXPIRING AUGUST 31, 2021, CATHERINE NORTH TO FILL A VOTING POSITION (#6) EXPIRING AUGUST 31, 2021, LYNETTE KARASUDATO FILL A VOTING POSITION (#7) EXPIRING AUGUST 31, 2020, SUE ELLEBRECHT TO FILL A VOTING POSITION (#8) EXPIRING AUGUST 31, 2020, CAROLYN AYERS TO FILL A VOTING POSITION (#9) EXPIRING AUGUST 31, 2020, FRANK FIELDS TO FILL AN ALTERNATE POSITION EXPIRING AUGUST 31, 2022, DORA LEONARD TO FILL AN ALTERNATE POSITION EXPIRING AUGUST 31, 2021, AND RICHARD KIPP TO FILL AN ALTERNATE POSITION EXPIRING AUGUST 31, 2020; COUNCILMEMBER MOORE SECOND. Mayor Ferrell thanked the Council for their work and for conducing the large number of interviews to make this commission come to fruition. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes d. Diversity Commission Appointments COUNCILMEMBER JOHNSON MOVED THE FOLLOWING APPOINTMENTS TO THE DIVERSITY COMMISSION: LARISSA LINCOLN AND ALI HAJHEIDARI TO VOTING POSITIONS TO EXPIRE MAY 31, 2021; KOPPANG SECOND. The motion passed unanimously as follows: Deputy Mayor Honda yes Councilmember Koppang yes CouncilmemberAssefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 7. ORDINANCES Second Reading a. Council Bill #763: Relatinq to the Imposition of an Excise Tax on Business Activities/APPROVED ORD. #19-874 ORDINANCE of the City of Federal Way, Washington, relating to an increase of the excise tax upon everyone engaged in the business of collecting solid waste within Federal Way and expanding the definition of "solid waste"; and amending FWRC 3.10.020 and 3.10.040. (Amending Ordinance Nos. 18-847, 10-669, 09- 600, 07-562, 06-539, 02-431, 96-276, 96-262, and 95-257) City Clerk Stephanie Courtney read the ordinance title into the record COUNCILMEMBER KOPPANG MOVED APPROVAL OF THE PROPOSED ORDINANCE; COUNCILMEMBER MOORE SECOND. The motion passed unanimously a follows: Federal Way City Council Regular Minutes Page 5 of 7 August 13, 2019 Deputy Mayor Honda yes Councilmember Koppang yes Councilmember Assefa-Dawson yes Councilmember Moore yes Councilmember Johnson yes Councilmember Duclos yes Councilmember Tran yes 8. COUNCIL REPORTS Councilmember Duclos provided no report. Councilmember Moore expressed appreciation to Parks Director John Hutton for the Senior Trips put on by the Community Center. He thanked Diversity Commission Chair Greg Baruso, Commissioner Julian Franco, consultant Jessica Cox, and staff liaison Jeri -Lynn Clark for making the Flavor of Federal Way a successful event. He thanked Betty Taylor for herwork organizing National Night Out at Town Square Park and wished he had been able to attend. Councilmember Koppang was impressed with events taking place at Town Square Park which included the Rhythm and Brews Festival and National Night Out. He also highlighted additional large- scale events which have taken place in city parks this summer including the Red, White and Blues Festival, the Summer Concert Series, Movies in the Park, and the Kiwanis Salmon Bake. He extended kudos for the work done at the Blueberry Park noting it has been transformed by volunteers. Councilmember Tran thanked Councilmember Koppang for allowing him to participate remotely for the Land Use and Transportation Committee while he was on vacation. Councilmember Johnson thanked the Police Department for their support of the National Night Out events throughout the city. He attended the Town Square Park event and appreciated the officers' participation. He acknowledged the sobering news at the national level and hopes in the near future Council can discuss what they can do to address these issues regarding youth violence. Councilmember Assefa-Dawson apologized she could not attend the meeting in person and reported she is learning a lot at a work related conference; and is eager to bring back information and ideas with the Council regarding homelessness and affordable housing. Deputy Mayor Honda reported the 63rd annual Kiwanis Salmon Bake was a success with over 800 people served; proceeds all support the community. She announced the DESNA Cup is taking place Friday through Sunday. She attended and enjoyed "Little Women" produced by the Rosebud Children's Theater Conservatory. The National Foundation of Women Legislators has invited thirty women to Denver where she will participate in a workshop regarding cannabis and learn how other cities and states have been addressing it this issue. 9. EXECUTIVE SESSION a P-flte^fi 4tt+en--€�rirst+aRt4e RSW 42 30 110( —H — not needed • Coale^+ Barg +ring-Pt4rc�P-C-lll42:34,140(4)(b)— not needed 10. ADJOURNMENT Federal Way City Council Regular Minutes Page 6 of'7 August 13, 2019 There being nothing further on the agenda; the Regular Meeting was adjourned at 8:21 p.m. Attest: Stephanie Courtney City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 7 of 7 August 13, 2019 COUNCIL MEETING DATE: September 3, 2019 ITEM #: 6a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENTS APPROVING MEMBERSHIP IN WASHINGTON CITIES INSURANCE AUTHORITY POLICY QUESTION: Should the City join the Washington Cities Insurance Authority ("WCIA") pool to provide insurance coverage for City activities and property? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. Ryan Call, City Attorney DEPT: Law Attachments: Staff Report Interlocal Agreement Creating Pre -Membership Conditions Interlocal Agreement for Membership - Appendix 149-19 Options Considered: 1. Approve Interlocal agreements authorizing the City to join WCIA and authorize the Mayor to enter into a no -deductible plan for general liability coverage. 2. Decline to join WCIA and continue to be procure insurance with $250,000 retention. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A Committee Initial/Date hl DIRECTOR APPROVAL: 1 ( Q Vk1L'1� 1114 ai/DitC [nili:iii[}:ktc COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed interlocal agreements authorizing the City to join Washington Cities Insurance Authority and to authorize the Mayor to take those steps necessary to acquire no -deductible coverage for general liability. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 3, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney NC - SUBJECT: WCIA membership Financial Impacts: Staff projects that using the WCIA insurance pool instead of procuring general liability insurance directly through a broker will result in a net savings to the City. The quoted cost from WCIA for general liability coverage with no -deductible is $734,518 for 2020. In order to accurately compare WCIA prices to our current costs, the WCIA estimates for premiums for property loss, equipment breakdown, and crime/fidelity were included in the analysis to bring the total premium cost to $787,033. Historically, we have spent more than that on risk every year that we have been self-insured with the exception of 2014 (which included many carry-over claims from the period that WCIA covered — meaning it is not a truly comparable year). Staff calculates that had the City been using WCIA at the currently quoted rate in 2015, we would have saved roughly $168k. In 2016, we would have saved an estimated $1,719. In 2017, we would have saved an estimated $329k. In 2018, we would have saved an estimated $411k. For 2019, we estimate that savings would have been greater than $400k. Exact savings for future years are impossible to identify with certainty because they are tied to the number of losses the City experiences, which fluctuates year to year, but on average over the past 5 years, WCIA's coverage would have resulted in significant savings. Additional savings will also be seen through low-cost or included at no extra cost services that are part of WCIA membership. The City will also not need to hire an insurance broker or a third -party administrator to handle claims once the statute of limitation runs on potential claims from our period of being self-insured saving roughly $40-50k annually. Automobile coverage, mechanical breakdown coverage, real property coverage and crime insurance is available through WCIA with variable rates depending on what we choose to insure and the deductible that we select. The City will be required to maintain a fund balance sufficient to cover losses and legal fees stemming from incidents that occurred before the proposed January 1, 2020 start date of WCIA coverage and until the statute of limitations has run on all potential claims. Within 3-5 years we will be able to reduce this fund as WCIA becomes our sole insurer. Rev. 7/18 The municipal insurance market has always been fairly difficult, and the trend appears to,be towards hardening even further. The WCIA pool maintains reserves adequate to cover $4 million before it goes out to the market to purchase three layers of reinsurance. This means that the pool is much more likely to successfully negotiate favorable terms on excess coverage that the City as the market for municipal insurance becomes more difficult. Background Information: In 2013, the City withdrew from the WCIA and began procuring insurance through a broker for general liability, excess liability, various real property, crime, and cyber liability. The City is currently insured for $10 million in general liability with an additional $10 million in excess general liability. Each incident has $25 OK in self-insured retention (functionally a "deductible"). In 2018, the City paid $501,752 in insurance premiums and $505,975 in 2019. In addition to the insurance premiums, the City paid a total of $178,074.99 in the first 6 months of 2019, and $570,959.84 in 2018 for claims and legal fees for cases covered by insurance but below the self-insured retention threshold of $250k. 2017 shows a similar pattern with $578,787 in legal fees and settlement payments. Under a no -deductible WCIA plan these legal fees and cost of claims are included in the annual premium amount. A brief summary of the quote provided by WCIA for 2020 is as follows, full summary is attached (including coverage limits): General Liability (no deductible) $734,518 Includes: Pre -Defense Review, WCIA Training & Education, Reimbursable Training and Certification, Risk Management and Consultations, and Cyber Insurance. Property (Value @ $68,775,380) $1,000 deductible $71,183 $5,000 deductible $52,957 $25,000 deductible $39,388 Replacement cost except vacant buildings are actual cash value Auto Physical Damage (Rate Per $100 of Valuation) $1,000 deductible $0.736 $5,000 deductible $0.371 Replacement cost coverage option available for vehicles with replacement cost value over $25,000. Deductible waived for glass repair, fire and lightning damage to scheduled vehicles Equipment Breakdown $3,542 Deductible Varies based on machinery Rev. 7/18 Boiler/Machinery, Generator, Pump at waterpark — locations must be on property schedule on file with WCIA Crime/Fidelity (estimate) $10,000 $25,000 deductible WCIA offers, at no extra cost, pre -defense review, risk management consultation, claim services, and a wide variety of liability exposure trainings to City staff on topics such as personnel, land use, police, public works, and parks. They also provide reimbursements for municipal accreditations, individual and group certifications such as CALEA, Flagger Certification, and Aquatic Facility Operator Certification. As part of joining WCIA, the City must agree to remain a member for at least three (3) years and must pay general liability premiums. All other coverage is optional. The general liability premium is based on 724,497 worker hours. If the City's losses increase or our assets or employee numbers grows, the general liability premium can potentially increase. This is true no matter the source of the City's insurance coverage. The amount and type of coverage in excess of the required general liability (ex. auto physical damage, real property, mechanical breakdown, loss due to crime) will be evaluated by staff based on budget constraints and loss history and presented to Council for final approval as part of the normal budget approval process. Should the City decide to transition to WCIA for coverage starting in 2020, it will need to maintain funds for payment of settlements and legal fees up to the City's self-insured retention ($250k) for claims that are currently in -process and for claims stemming from incidents occurring during our period of being self-insured. These funds will need to be maintained for the duration of the statute of limitations (usually 3 years from date of incident). The City will also need to continue funding accounts to pay for first -party claims to vehicles that are not insured or for damage that is under the automobile coverage deductible and to repair uninsured damaged property, such as street light poles. Currently the City reserves $184,581 to fund these types of claims. City staff will continue to pursue recovery for damages through subrogation and restitution for losses to our uninsured property that is caused by third parties. The City should be able to gradually reduce its internal risk funds over the next three to five years, at which time the City will be able to stabilize the risk fund to cover only insurance premiums, deductible payments, and first party losses; however, in order to avoid an annual increase in the cost of premiums and to maintain a savings, the City will need to continue to minimize risk to keep the frequency and severity of our losses from escalating. K:agenda item\council\2019\9-3 Insurance Carrier Memo Rev. 7/18 City of Federal Way WCIA Pricing Indication WCIA Coverage: Liability (no deductible) $25,000 $50,000 $100,000 $250,000 Cyber Insurance Pre -Defense Review WCIA Training and Education Summary 01/01/2020 Through 12/31/2020 $734,518 $636,093 $592,756 $536,933 $452,463 Included Included Included WCIA Risk Management and Consultations I Included Property All Other Perils (AOP) Deductibles Federal Way Property Values $68,775,380 $1,000 $71,183 $5,000 $52,957 $25,000 $39,202 $50,000 $34,388 Automobile Physical Damage Deductibles $250 $500 $1,000 $5,000 $25,000 Equipment Breakdown Crime/Fidelity (estimate) Rate Per $100 of Valuation $1.133 $0.736 $0.515 $0.371 $0.116 $3,542 $5,000 Subject to underwriter review and approval Rates for pricing are firm and actual costs will be dependent on the reported values and worker hours. Liability coverage required for membership. Other coverage is optional for Federal Way. Insurance Authority City of Federal Way Liability Indication Policy Form 100% Occurrence (not claims made) Automobile Liability $20,000,000 Limits each Occurrence General Liability Subject to Aggregates and Sub -limits below Errors or Omissions Liability Law Enforcement Liability Employment Practices Liability Employee Benefit Liability Stop Gap Deductible: I None Liability cost based on annual worker hours of 724,497: $734,518 WCIA LIMITS[ULTIMATE NET LOSS: WCIA SELF-INSURED LAYER LIMIT: REINSURED LAYER GEM: REINSURED LAYER Argonaut Insurance Company: REINSURED LAYER Allied World Assurance Company, Inc. TOTAL LIMIT: SPECIFIC AGGREGATE LIMITS/SUB-L]MITS: $4,000,000 PER OCCURRENCE $3,000,000 PER OCCURRENCE $8,000,000 PER OCCURRENCE AND $8,000,000 AGGREGATE PER MEMBER $5,000,000 PER OCCURRENCE AND $5,000,000 AGGREGATE PER MEMBER $20,000,000 PER OCCURRENCE, subject to aggregates and sub -limits below $4,000,000 per occurrence limit and $4,000,000 annual aggregate per Member applying to Terrorism. $5,000,000 per occurrence limit and $5,000,000 annual aggregate limit per member for Errors or Omissions Coverage arising out of the operations, ownership, maintenance or use of any airport. $5,000,000 per occurrence limit and $5,000,000 annual aggregate limit per member for any liability arising out of Land -Use Planning and Land -Use Regulation, zoning, and any other land use and per- mitting process. ('_4 Insurance Authority i City of Federal Way 1. Cyber Insurance Indication Cyber Insurance Coverage Member Limits Retention Security and Privacy Liability $1,000,000 sublimit $25,000 Regulatory Action $1,000,000 sublimit Privae9; Services 75,000 affected individuals 100 affected individuals • N o wl i c j l i ons to affected individuals • Identity theft call center assistance, Coverage Afforded to up to identity restoration services, 5,000,000 affected individuals identity monitoring and victim cost pool -wide reimbursement insurance Event Management $1,000,000 Event Response $25,000 • Forensic investigations w Cost of public relations or crisis man- $1,000,000 Electronic Data agement firm • Cost to restore, recollect or recreate electronic data Cost to determine whether or not elec- tronic data can be restored, recollected or recreated Cyber Extortion Including Bitcoin $1,000,000 $25,000 Ransom coverage Cyberterrorism Same as above Same as above Policy Limits All WCIA $10,000,000 aggregate limit Coverage subject to completion of application and approval by insurance carrier. Security and Privacy Liability $1,000,000 limit is primary to WCIA's addition liability coverage of $20,000,000. Pricing is included with the Liability coverage. 7A.,r Insurance Authority IF I upul ty %-, ILP V Cl "Vn% ill lily Laaivu Coverage Per Occurrence All other Perils Earthquake Flood Business Interruption Extra Expense Transit/Off Premises Electronic Data Processing Contractors Equipment (Inland Marine) Valuable Papers Fine Art Increased Cost of Construction Off Premises Service Interruption Scheduled Landscaping Terrorism Certified and Non -Certified All Risk Basic Deductible (other than flood & earthquake) Earthquake Deductible Flood Deductible Valuation: Limits $300,000,000 each Occurrence $150,000,000 each Occurrence and Pool Aggregate $100,000,000 Per occurrence and Pool Aggregate Ex- cept $50,000,000 in Zones A/V $10,000,000 each Occurrence $25,000,000 each Occurrence $10,000,000 Included (no Sub -limit) Included (no Sub -limit) Included (no Sub -limit) Unscheduled: $2,500,000 Scheduled: Included (no Sub -limit) $25,000,000 $25,000,000 $5,000,000 $100,000,000 $25,000 2% of values of locations suffering a loss subject to a $250,000 minimum per occurrence. $250,000 except for Flood in Zones A/V 3% of values subject to a $500,000 minimum per occurrence. Replacement cost except vacant buildings ACV Cost based on replacement values of $68,775,380: $78,404 4 Insurance Authorfty � J City of Fed( Equipment Breakdown Indication All Mechanical, Electrical and Pressurized Equipment Including Production Machinery Coverage Equipment Breakdown Including Property Damage Business Interruption/Business Income Limit Extra Expense Limit Hazardous Material Sublimit Objects Covered IDeductibles: Coverage Limits: $100,000,000 $10,000,000 $1,000,000 $500,000 Locations must be on property schedule on file with WCIA $10,000 Combined All Coverage Except: $25 per KW Turbine Generator Units With a $50,000 minimum. $25 per HP Motors, Pumps, and Deep Well Pumps.* $2.50 Per KVA Transformers* $25 Per HP AIC and Refrigeration Systems.* $25 Per HP ICS's & Generators >= 500 HP.* * $10,000 Minimum. ICost based on property values of $687,775,380: $3,542 5 Insurance Authority City of Federal Way Auto Physical Damage Indication Other Deductible Options Annual Cost per $100 $500 $0.736 $1,000 $0.515 $5,000 $0.371 $25,000 $0.116 M hnsurance Authority r City of Federal Way Crime & Fidelity Indication Coverage: Limits: Employee Dishonesty $2,500,000 Theft, Disappearance & Destruction $2,500,000 Faithful Performance of Duty $2,500,000 Computer Fraud $2,500,000 Employee Forgery and Alteration $2,500,000 Funds Transfer Fraud $2,500,000 Blanket Basis All Employees Covered Deductible $10,000 Carrier National Union Estimated 6 month Premium: $5,000 contingent on underwriting review and acceptance 1 _ i Insurance Authority .1ral Way 1V111A1L1V11a AUK ♦1 %- Coverage and Membership Membership and coverage subject to approval by the WCIA Executive Committee Three year membership and coverage with WCIA City of Federal Way signs Appendix to the WCIA Interlocal City of Federal Way complies with the requirements of the WCIA QOMPACT s i Insurance Authority INTERLOC Al_ AGREEMUNT: CRE.,N.TING PRI:- TrN1BERSH1P CONDITIO BETWEEN WASHINGTON CITIES INSURANCE AUTHO RI Tei AND CITY OF FEDERAL WAY THIS AGREEMENT, made pursuant CHAPTER 39.34 RCW, is made and entered into in the State of Washington by and among Washington Cities Insurance Authority, a quasi- municipal corporation organized and existing of the Constitution and laws of the State of Washington, Chapter 48.62 RCW, hereinafter referred to as WCIA, and the CITY OF FEDERAL WAY, a municipal corporation existing under the Constitution and laws of the State of Washington, hereinafter referred to as "Entity" who are the parties signatory to this Agreement. Washington Cities Insurance Authority and the CITY OF FEDERAL WAY are sometimes referred to herein as "parties". RECITALS WHEREAS, the CITY OF FEDERAL WAY desires and is, committed to taking all steps necessary to become a Full Member of WCIA, as membership is defined by WAC 200- 100-020 (17(a), (b), (c)) as now exists or hereinafter is amended and as defined by the foundational Interlocal Agreement creating Washington Cities Insurance Authority, and; WHEREAS, the CITY OF FEDERAL WAY has applied for membership in WCIA and is committed to becoming a Full Member, if approved for membership by WCIA, on the date of January 1, 2020 at 12:01 a.m. and; WHEREAS, WCIA is desirous and committed to taking and completing all necessary steps to evaluate the CITY OF FEDERAL WAY for Full Membership in WCIA and to prepare the CITY OF FEDERAL WAY for Full Membership in WCIA starting on the date of January 1, 2020 at 12:01 a.m., and; WHEREAS, it appears economically feasible and mutually beneficial for the parties to this Agreement to take all steps reasonably necessary to evaluate the CITY OF FEDERAL WAY for Full Membership in WCIA and to prepare said entity for Full Membership on the date of January 1, 2020 at 12:01 a.m.; NOW, THEREFORE, for and in consideration of all the mutual benefits, covenants and agreements contained herein, the parties hereto agree as follows: I. Covenants. a. The CITY OF FEDERAL WAY hereby formally applies to Washington Cities Insurance Authority to become a Full Member of WCIA to participate in its joint self insurance and risk sharing programs and receive its full membership benefits including orientation, risk management training, and consulting services and all other support services offered to Full Members of WCIA starting on the date of January 1, 2020 at 12:01 a.m., if so approved by the governing body of WCIA. Page 1 of 3 b. The Entity hereby agrees to give all necessary written notice to any insuring or self insuring pooling organization to which the Entity is currently a member or subscriber that it intends to end its current liability insuring or self insuring Entity membership so as to allow the Entity to become a Full Member of WCIA on the effective date cited above, if so approved by WCIA. c. The Entity agrees to provide full and open access to its records and claim history so as to allow WCIA to properly evaluate the entity's risk profile for prospective membership in WCIA. d. The Entity agrees to accept and complete all recommended pre -membership orientation, risk management training, and consulting services as specified by WCIA and to reimburse WCIA the reasonable cost of any such services provided within sixty (60) days of being billed for the same if the Entity's full membership in WCIA is rejected or if the Entity declines to sign the "appendix" to the foundation Interlocal Agreement creating WCIA when offered Full Membership. e. The Entity agrees that if its Full Membership in WCIA is approved by its governing body it will, through its authorized officer, sign via appendix the foundational hiterlocal Agreement creating WCIA and thereby become a full participating Member of WCIA as of the effective date of January 1, 2020 at 12:01 a.m. Thereafter, the Entity agrees to be fally bound by all of the terms and conditions and benefits of full WCIA membership including, but not limited to those specified in the Interlocal Agreement creating WCIA, the WCIA Bylaws and Joint Protection Program documents. £ WCIA agrees to perforin a full, fair and prompt evaluation of the Entity of CITY OF FEDERAL WAY's qualifications for membership with WCIA and to deliver a final decision accepting or rejecting the Entity for membership no later than sixty (60) days prior than the proposed effective date of membership stated above. At the same time, if WCIA accepts the Entity for membership, it will state in its acceptance the proposed initial assessment the Entity will be required to pay for the Entity's initial membership. g. WCIA agrees to provide all necessary orientation, risk management training and consulting services to the CITY OF FEDERAL WAY and its officers, employees and elected officials as necessary to prepare the CITY OF FEDERAL WAY for Full Membership in WCIA. h. This pre -membership agreement shall become effective on the date that it has been signed by both parties authorized representatives as indicated below. II. Amendments. This Agreement may be amended at any time only by the written approval of all the parties signatory to it. Page 2 of 3 III. Agreement Complete. The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by signature of the authorized officials thereof on the date indicated below their signatures. For and on behalf of the City of Federal Way Dated this day of 520 For and on behalf of Washington Cities Insurance Authority Ann Bennett, Executive Director of WCIA Dated this / 2"day of J LZ %A )20 19 %.3 Page 201 Page 3 of 3 C INTERLOCAL r AGREEMENT CREATING THE WASHINGTON CITIES INSURANCE AUTHORITY ARTICLE 24 - 'Provisions for By -Laws and Manual ARTICLE 25 - Notices ARTICLE 26 - Amendment ARTICLE 27 - Prohibition Against Assignment ARTICLE 28 -- Agreement Complete 13 13 14 14 14 WCIA Interlocal Agreement October 1, 1991 Page 1 INTERLOCAL AGREEMENT: CREATING THE WASHINGTON CITIES INSURANCE AUTHORITY THIS AGREEMENT is rnade and entered into in the State of Washington by and among the municipal corporations organized and existing under the Constitution or laws of the State of Wash! ngton,.hereinafter collectively referred .to as "Member Cities" or "Cities", and individually as "Member City" or "City" which are parties signatory to this Agreement and listed in Appendix A, which is attached hereto and made a part hereof. Said Cities are sometimes referred to herein as "parties". RECITALS WHEREAS, Ch. 48.62 RCW provides that two or more local governmental entities may, by interlocal agreement, jointly purchase insurance, jointly self insure, and/or jointly hire risk management services for any authorized purpose by any one or more of certain specified methods, and; WHEREAS, each of the parties to this Agreement desires to join together with the other parties for the purpose of pooling their self-insured losses and jointly purchasing excess insurance and administrative services in connection with a Joint Protection Program for said parties, and; WHEREAS, it appears economically feasible and practical for the parties to this Agreement to do so; NOW, THEREFORE, for and in consideration of all of the mutual benefits, covenants and agreements contained herein, the parties hereto agree as follows: ARTICLE I Definitions The following definitions shall apply to the provisions of the Agreement: (a) "Authority" shall mean the Washington Cities Insurance Authority created by this Agreement. (b) "Board of Directors" or "Board" shall mean the governing body of the Authority, (c) "Claims" shall mean demands made against the Authority arising out of occurrences which are within the Authority's Joint. Protection Program as developed by the Board of Directors_ (d) "Excess Insurance" shall mean that insurance purchased on behalf of the Authority to protect the funds of the Authority against catastrophes or ar. unusual frequency of lasses during a single year. WCIA Interlocal Agreement October 1, 1991 Page 2 (e) "Executive Committee" shall mean the Executive Committee of the Board of Directors of the Authority. (f) "Fiscal fear" shall mean that period of twelve months which is established as the fiscal year of the Authority. (g) "Coverage" shall mean and include self-insurance through a funded program and/or any commerc,al insurance contract. (h) "Executive Director" shall mean that employee of the Authority who is appointed by the Board of. Directors, and responsible for the management and administration of the Joint Protection Program of the Authority. ARTICLE 2 Purpose This Agreement is entered into by Cities in order to provide more comprehensive and economical liability coverage, to provide for the economical and self insurance pooling of rise exposures for all forms of insurance available or required by law for municipal corporations and for which State law authorizes the formation of pooling organizations to provide such insurance, to reduce the amount and frequency of Cities losses, and to decrease the cost incurred by Cities in the handling and litigation of claims. This purpose shal' be accomplished through the exercise of the powers of Cities jointly in the creation of a separate entity, the Washington Cities Insurance Authority, to administer a Joint Protection Program wherein cities will jointly pool and self insure their losses and claims, and may jointly purchase excess insurance and administrative and other services including claims adjusting, data processing, risk management consulting, loss prevention, legal and related services. It is also the purpose of this Agreement to provide, to the extent permitted by law, for the inclusion at a subsequent date of such additional municipal corporations organized and existing under the Constitution or laws of the State of Washington as may desire to become parties to this Agreement and members of the Authority, subject to approval by the Board of Directors. It is also the purpose of this Agreement to provide, to the extent permitted by law, that the Authority may, in the discretion of its Directors, contract with non-member Cities or other municipal corporations in the State of Wash°ngton to provide, at a reasonable charge, such non-member Cities or municipal corporations administrative and other services including claims adjusting, data processing, ri4k management consulting, loss prevention and training. ARTICLE 3 Parties to Agreement Each party to this Agreement certifies that it intends to and does contract with all other parties who are signatories of this Agreement and, in addition, with such ether parties as may later be added to and signatories of this Agreement pursuant to Article 19. Each party to this Agreement also certifies that the deletion of any party from this Agreement, pursuant to Articles 20 and 21, shall not affect this Agreement nor such party's intent to contract as described above with the other parties to the Agreement then remaining. WCIA Interiocal Agreement October 1, 1991 Page 3 ARTICLE 4 Term of Agreement This Agreement shall become effective on January 1, 1981, and shall continue for not less than three years until and unless terminated as hereinafter provided. ARTICLE 5 Creation of Authority Pursuant to Ch. 48.62 RCW, the debts, liabilities and obligations of the Authority shall not constitute debts, liabilities or obligations of any party to this Agreement. ARTICLE 6 Powers of Authority (a) The Authority shall have the.powers common to Cities and is hereby authorized to do all acts necessary for the exercise of said common powers, including, but not limited to, any or all of the following: (1) To make and enter into contracts; (2) To incur debts, liabilities or obligations; (3) To acquire, hold or dispose of property, contributions and donations of property, funds, serv!ces and other forms of assistance from persons, firms, corporations and governmental entities; (4) To sue and be sued in its own name; and (5) To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement, or otherwise authorized by law. (b) Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law. ARTICLE 7 Board of Directors (a) The Authority shall be governed by the Board of Directors which is hereby established and which shall be composed of one representative from each Member City whc is an empioyee or official of that Ci -,y, as appointed by the City Council, Commission, or appointing official of that City. Ea& City Council, Commission, or appointing official in addition to appointing a member of the Board, shall appoint at least one alterna,e who also shall be an officer or employee of that City. The alternate appointed by a City shal' have the authority to attend, participate in and vote at any meeting of the Board when the regular member for whom he or she is an alternate is absent from said meeting. WCIA Interlocal Agreement October 1, 1991 Page 4 (b) Each member or alternate of the Board shall be appointed for a one year term and until a successor is appointed. Each member or alternate shall serve at the pleasure of the City by which he or she has been appointed as long as he or she is an officer or employee of the City. (c) Each member of the Board shall have one vote. ARTICLE 8 Powers of the Board of Directors - The Board of Directors of the Authority shall have the following powers and functions: (a) The Board may elect from its members, pursuant to Article 10 of this Agreement, an Executive Committee to which it may give authority to make and implement any decisions, including those involving the administration] of the Authority, except those decisions that would require an a-nendment of this Agreement, under Article 26 herein.. (b) The Board may review all acts of the Executive Committee, and shall have the power to modify and/or override any decision or action of the Executive Committee upon a majority vote of the entire 'ward of Directors. (c) The Board shall review, modify if necessary, and approve the annual operating budget of the Authority. (d) The Board shall receive and review periodic accounting of all funds under Article 14 and 15 of this Agreement. (e) The Board shall have the power to conduct on behalf of the Authority, all business of the Authority which the Authority may conduct under the provisions hereof and pursuant to law. (f) The Board shall determine and select a Joint Protection Program for the Authority. (g) The Board shall determine and select all necessary instruments of coverage to carry out the Joint Protection Program of the Authority. (h) The Board shall have the authority to comract for or develop various services for the Authority, including, but not limited to claims adjusting, loss control and risk management consulting services. (i) The Board shall appoint an Executive Director of the Authority and shall receive and act upon reports of the Executive Director. U) The Executive Director shall have the power to hire such persons as the Board authorizes for the administration of the Authority, including the "borrowing" of management - level employees from one or more of the Member Cities to assist in the development phase of the Joint Protection Program of the Authority, subject to the approval of the Member City. Any Member City whose employee is so "borrowed" according to this provision shall be reimbursed by the Authority for that employee's time spent or services rendered on behalf of the Authority. WCIA Interlocal Agreement October 1, 1991 Page 5 (k) The Executive Director shall have the general supervisory control over the day-to- day decisions and administrative activities of the Authority. (I) The Board shall have such other powers and functions as are provided for in this Agreement, including, but not limited to, the power to authorize the contracts with non-member Cities or municipal corporations and the "Authority", to provide services to such non-members as set forth In Article 2, upon such terms and conditions as the Director shall decide appropriate. ARTICLE 9 Meetings of the Board of Directors (a) Meetings. The Board shall provide for its regular, adjourned regular and special meetings; provided, however, that it shall hold at least one regular meeting annually. (b) Minutes. The Beard of the Authority shall cause minutes of regular, adjourned reaula.r and special meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to each City. (c) Quorum. A majority of the members of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. A vote of the majority of those members present at a meeting shall be sufficient to constitute action by the Board. ARTICLE 10 Executive Committee The Board of Directors may appoint at any time of the year during a Board meeting an Executive Committee of the Board of Directors which shall consist of an odd number of not less than five nor more than nine members, as determined by the Board of Directors. Two of the members of the Executive Committee shall be the President of the Board of Directors, and the Vice President of the Board of Directors; the remainder of the members, after their original election, shall be elected by the Board of Directors at the same time the officers of the Board are elected in .January of each calendar year. The President of the Authority, or the Vice President in his or her absence, shall serve as the Chairperson of the Executive Committee. The Board of Directors may delegate any of the powers of the Board as outlined in Article 8 to the Executive Committee and may establish and delegate any other powers and duties the Board deems appropriate. WCIA Interlocal Agreement October 1, 1991 Page 6 ARTICLE 11 Officers of the Authority (a) President and Vice President. The Board shall elect a President and Vice President of the Authority at its first meeting, each to hold office for one year term and until successor is elected. Thereafter in January of each succeeding calendar year, the Board shall elect or re-elect the President and Vice President for the ensuing year. In the event the President or Vice President so elected ceases to be a member of the Board, the resulting vacancy in the office of President or Vice President shall be filled at the next regular or special meeting -_of _the_BQard- held after suchi_vacancy occurs._ _ In the_ absence or inability of the - - -- -- President to act, the Vice President shall act as President. The President, or in his or her absence, the Vice President, shall preside at and conduct all meetings of the Board and shall be a member and the Chairperson of the Executive Committee. (b) Executive Director. The Executive Director shall have the general administrative responsibility for the activities of the Joint Protection Program and shall appoint all necessary employees thereof. (c) Treasurer. The Treasurer shall be appointed by the Board and shall be a person other than the Executive Director. The duties of the Treasurer are set forth in Article 14 and 15 of this Agreement. (d) Attorney. The Board of Directors shall select air attorney for the Authority. The attorney may be, but is not reojired to be, a City Attorney, from a Member City. in the event the attorney is precluded from acting because of a conflict of interest or legal impediment, or for other good reason, the Board may employ independent counsel as the attorney for the Authority. 'The attorney shall serve at the pleasure of the Board of Directors. ARTICLE 12 Coverage (a) The coverage provided for Member Cities by the Authority shall be defined by the Board and may allow or require protection for comprehensive liability, personal injury, errors and omissions, contractual liability, and such other areas of coverage as the State shall require or the Board shall determine. (b) The Authority shall maintain a coverage limit for Member Cities determined by the Board of Directors to be adequate. The Board may arrange purchase of a group insurance policy for Member Cities interested in obtaining additional coverage above this limit, at an additional cost to those participating Cities. (c) The Board may arrange for the purchase of any other insurance deemed necessary to protect the funds of the Authority against catastrophes. WCIA Interlocal Agreement October 1, 1991 Page 7 ARTICLE 13 Development of the Joint Protection Program (a) As soon as practicable after the effective date of this Agreement, but prior to the effective date of the Joint Protection Program, the Board of Directors shall adopt the Authority's Joint Protection Program, including the coverage provided for in Article 12, the amount of initial assessment, the precise cost allocation plan and fcrm* jla. the oro forma financial statement of the Authority, and the amount and type of excess insurance which may be procured. (b)_ _ __The Joint. Protection _Program .provided_ by the Authority. shall .extend to all.. city ---- department operations except transit, aviation and hospitals, unless otherwise excluded by the Board of Directors. (c) The initial assessment for each City shall be determined by the Board, in its discretion, based upon a fair formula which may consider, but not be limited to, total City worker hours, tota' City payroll, administrative experience of the City, the previous loss experience of the City, the liability risks of the City and the costs to the Authority of adding the City as a member. (d) The cost allocation plan and formula adopted by the Board shall provide for an adjustment in the Member Cities' assessments at the end of the first year of operation, and annually thereafter, in order to produce an assessment for the following year for each City shall consider, but not be limited to, the following: (1) That amount of losses borne individually by the City, as determined by the Board; and (2) The City's share of pooled losses and other expenses, as determined by the Board; and (3) The City's contribution to a catastrophe fund and reserves for incurred -but -not - reported losses, and amount of such fund and reserves to be determined by the Board. (e) The Board may at any time make additional assessment adjustments to correct any fund deficit as the Board deems necessary to maintain the financial integrity of the Authority.. (f) The Board shall adapt criteria for determining each City's annual share of pooled losses, expenses and contribution to a catastrophe fund which may include the City's payroll as compared to the total payroll of all Member Cities, the City's individual loss experience, and such other criteria as the Board may determine to be relevant. (g) The annual readjustment of the amount of assessment shall be made and notices for readjusted assessment amounts and the next year's assessments shall be distributed at least ninety (90) days prior to the close of each fiscal year. This assessment amount, together with any readjusted amount due under paragraph (c) above, shall be due and payable on or before fifteen (15) days after the beginning of the fiscal year. (h) Inasmuch as some Member Cities may experience an unusual frequency of losses during a single fiscal year, which could increase their final assessment substantially for that year and cause budgetary problems, the Board may provide for payment of a portion of WCIA Interlocal Agreement October 1, 1991 Page 8 such assessment to be made over a period of time, not to exceed three years, plus reasonable interest. ARTICLE 14 Accounts and Records (a) Annual Budget. The Authority shall annually adopt an operating budget, pursuant to Article 8(c) of this Agreement. (b). Funds .and Accounts. The -Authority shall establish and maintain such funds and.. accounts as may be required by state law and proper accounting practices. Books and records of the Authority shall be in the hands of the Treasurer and shall be open to any inspection at all reasonable times by representatives of Member Cities. (c) Executive Director's Report. The Executive Director, within one hundred and twenty (1201) days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Board and to each Member City. (d) Annual Audit. The Board may provide for a certified, annual audit of the accounts and records of the Authority such audit shall conform to generally accepted auditing standards. When such an audit of the accounts and records is made by a Certified Public Accountant, a report thereof shall be filed as a public record with each of the Member Cities. Such report shall be filed within six (6) months of the end of the year under examination. (e) Costs. Any costs of the audit, including contracts with, or employment of, Certified Public Accountants, in making an audit pursuant to this Article, shall be borne by the Authority and shall be considered included within the term "administrative costs". ARTICLE 15 Responsibility for Monies (a) The Treasurer of the Authority shall have the custody of and disburse the Authority's funds subiect to Board approval. He or she shall have the authority to delegate the signatory function to such persons as are authorized by the Board. (b) A bond in the amount set by the Board, as outlined by State RCW shall be required of all officers and personnel authorized to disburse funds of the Authority, such bond to be paid for by the Authc,-Ity. (c) The Treasurer's duties shall include: (1) Receive and receipt for all money of the Authority and place it in the treasury to the credit of the Au.hority; (2) Be responsible upon his or her official bond for the safekeeping and disbursement of all of the Authority's money so held by him or her; (3) Pay, when due, out of money of the Authority so held by him or her, all sums payable on outstanding debts of the Authority; WCIA Interlocal Agreement October 1, 1991 Page 9 (4) Pay any other sums due from the Authority money only upon request for payment signed by the President of the Board or the Executive Director. The Board may designate an alternate signature for each; and (5) Verify the report in writing on the first day of July, October, January and April of each year to the Authority and to Member Cities the amount of money held for the Authority, the amount of receipts since the last report, and the amount paid out since the last report. ARTICLE 16 Responsibilities of the Authority The Authority shall perform the following functions in discharging its responsibilities under this Agreement: (a) Provide coverage by whatever means and methods the Board deems appropriate, including but not limited to a self-insurance fund and commercial insurance, as well as excess coverage and umbrella insurance, by negotiation or bid, and purchase, as necessary. (b) Assist Cities in obtaining insurance coverages for risks not included within the basic coverage of the Authority. (c) Assist each City's assigned risk manager with the implementation of that function within the City. (d) Provide loss prevention and safety and consulting services to Cities as required. (e) Provide claims adjusting and subrogation services for claims covered by the Authority's Joint Protection Program. (f) Provide loss ana;ys s by the use of statis_ica: analysis, data processing, and record and file -keeping services, ir. order to identify high exposure operations and to evaluate proper levels of self -retention and deductibles. (g) Provide for Cities, as needed, a review of their contracts to determine sufficiency of indemnity and insurance provisions. (h) Conduct risk management audits to review the participation of each City in the program. The audit shall be performed by the Executive Director, or, at the discretion of the Board, an independent auditor may be retained by contract to conduct the audits. (i) The Authority shall have such other responsibilities as deemed necessary by the Board of Directors in order to carry out the purposes of this Agreement. ARTICLE 17 Responsibilities of Member Cities Member Cities shall have the following responsibilities: WCIA Interlocal Agreement October 1, 1991 Page 10 (a) The City Council, Commission, or appointing official of each City shall appoint a representative and at least one alternate representaiive to the Bcsrd of Directors, pursuant to Article 7 of this Agreement. (b) Each City shall appoint an employee of the City to be responsible for the risk management function within that City, and to serve as a liaison between the City and the Authority as to risk management. (c) Each City shall maintain an active safety officer and/or committee, and shall consider all recommendations of the Authority concerning the development and' mplementation of a loss control policy to prevent unsafe pract,ces. (d) Each City shall maintain its own set of records, as a loss log, in all categories of loss to insure accuracy of the Authority's loss reporting system. (e) Each City shall pay its assessment and any readjusted assessment promptly to the Authority when due. After withdrawal or termination, each City shall pay promptly to the Authority its share of any additional assessment and accrued interest at a rate dcterrnr ned by the Board when and if required of it by the Board under Article 22 or 23 of this Agreement. (f) Each City shall provide the Authority with such other information or assistance as may be necessary for the Authority to carry out the Jnint Protection Program under this Agreement. (g) Each City shall in any and all ways cooperate with and assist the Authority, and any insurer of the Authority, in all matters. relating to this Agreement and covered losses, and will comply with all by-laws, ruies and regulations adopted by the Board of Directors. ARTICLE 18 Interim Period and Effective Date of Program (a) Interim Period. Once this Agreement has been initially signed, the estimated deposit charge for each City shall be developed and presented to each City b written notice. Each City shall have thirty (30) days from the receipt of such notice to withdraw from the Agreement. After the end of this thirty (30) day period, and prior to December 1, 1980, each City's actual deposit charge shall be determined. Each City which signed the Agreement shall be bound thereby unless the actual deposit charge for the first year exceeds the estimated deposit charge in the written notice. If the actual deposit charge exceeds the estimated deposit charge, a Member City may nevertheless, elect to proceed with its participation in the Jolnt Protection Program by informing the Authority, in writing, of its decision to that effect. (b) Effective date. After each City's actual deposi charge for the first year has been determined, written notice to that effect shall immediately be given to all Cities. The Joint Protection Program shall become effective thirty (30) days from the date of such notice. (c) ,point Protection Program. After this Agreement becomes effective, the Authority shall develop the details of the Joint Protection Program more fully described in Article 12 and 13 of this Agreement. WCIA Interlocal Agreement October 1, 1991 Page 11 ARTICLE 19 New Members After the effective date of the Joint Protection Program is established by the Authority, according to the provisions of Article 18, additional Cities shat; not be permitted to become signatories to this Agreement, or to enter the Joint Protection Program, during the first year of operation. Following the first year of operation, the Authority shall allow entry in the program of new members approved by the Board at such time during the year as the Board deems appropriate. Cities entering under this Article will be required to pay their share of organizational- exile-nsc.s_ as aeturmined by -the -Board,. including_th senecessary to.. analyze_ _ - their lass data and determine their assessment. ARTICLE 20 Withdrawal and Cancellation (a) City Withdrawal From Authority Membership (1) A Member City may withdraw as a party to this Agreement pursuant to requirements of Article 18. (2) A Member City which signs the Agreement and enters the Joint Protection Program pursuant to Article 18 may not wthdraw as a parry to this Agreement and as a member of the Authority for a three-year period commencing on the effective date of the Joint Protection Program, as determined by Article 18. (3) After the initial three-year non-canceiable commitment to the program, a Member City may withdraw from membership only at tie end of any fiscal year of the Authority, provided it has given the Authority twelve months prior written notice of its intent to withdraw from this Agreement. Such notice shall be hand carried or mailed to the offices of the Authority by certified mail. (4) Withdrawal of membership will result in automatic cancellation of such Member City's participation in the Joint Protection Program, any excess insurance and any other programs offered by the Authority effective the date of withdrawal. Further, the Authority reserves the right to non -renew said withdrawing Member City's coverage in any Authority program during such City's notice period. (b) Authority Termination of City Membership (1) The Autnority shat have the right to terminate any City's membership in the Authority at any time. Such Termination of Membership shall be upon a majority vote of the Board of Directors present at a full Board meeting where such motion for termination of membership is presented. A City's termination of membership shall become effective no later than sixty (60) days after the date such motion is passed, but in no event shall membership extend beyond the last day of coverage in the current Authority program in which said City is a participant. WCIA Interlocal Agreement October 1, 1891 Page 12 (2) For purposes of this section, Membership in the Authority consists of a Member City's right to have a representative on the Board of Directors and to vote on Board matters, and the right to participate or receive coverage in any Joint Protection Program, self-insured retention or excess insurance program, and to utilize any Authority services or programs. (3) The Authority shall notify a City in writing of its intent to vote on a motion for Termination of Membership of the Ci�y at least 30 days before the meeting at which the motion is to be voted upon. The notification shall include reasons for the proposed Termination of Membership. The affected City has the rigl-t to be represented at the meeting where -the motion for Termination of Membership is tc be voted .upon and will be. provided an opportunity to address the Board members present if they so choose. ARTICLE 21 Cancellation of Coverage (a) The Authority shall have the right to cancel any Member City's participation in any coverage program offered by or through V' e Authority. The terms of such cancellation of coverage will be specified in each of the coverage documents for the Authority's various programs, except that excess coverage in any program shall automatically cancel effective the date of cancellation of its self-insured coverage. Further coverage in all Authority programs shall cease effective the date of Member City's voluntary withdrawal of membership from the Authority. (b) The Authority may cancel any Member City's participation in any coverage program offered by or through the Authority without termination of the Member City's membership in the Authority. However, any City whose Membership in the Authority has been terminated pursuant to Article 20(B) shall automatically be canceled from participation in all coverage programs offered by or through the Authority as of the effective date of termination of membership. ARTICLE 22 Effect of Withdrawal (a) The withdrawal of any City from this Agreement shall not terminate the same and no City by withdrawing shall be entitled to payment or return of any assessment, consideration of property paid, or donated by the City to the Authority, or to any distribution of assets. (b) The withdrawal of any City after the effective date of the Joint Protection Program shall not terminate its responsibility to contribute its share of funds to any fund or program created by the Authority until all claims, or other unpaid liabilities, covering the period the City was signatory hereto have been finally resolved and a determination of the final amount of payments due by the City or credits to the City for the period of its membership has been made by the Board of Directors. In connection with this determination, the Board may exercise similar powers to those provided for in Article 23(c) of this Agreement. WCIA Interlocal Agreement October 1, 1991 Page 13 ARTICLE 23 Termination and Distribution (a) This Agreement may be terminated any time during the first three noncancelable years by the written consent of all Member Cities, and thereafter by the written consent of three- fourths of the Member Cities, provided, however, that this Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, distribution of assets and al other functions necessary to wind up the affairs of the Authority. (b)- _. Upon termination of this Agreement_, all assets of the Authority shall be .distributed onfy among the parties that have been i`;Ilembers of the Joint Protection Program, including any of those parties which previously withdrew pursuant to Article 20 or 21 of this Agreement, in accordance with and proportionate to their cash (induding assessment payments and property (at market value when received) contributions made during the term of this Agreement. The Hoard shall determine such distribition within six months after the last pending claim or loss covered by this Agreement has been finally disposed of. (c) The Board is vested with all powers of the Authority for the purpose of winding up and dissolving the business affairs of the Authority. These powers shall include the power to require Member Cities, including those which were Member Cities at the time the claim arose or at the time the loss was incurred, to pay their share of any additional amount of assessment deemed necessary by the Board for final disposition of all claims and losses covered by this Agreement. A City's share of such additional assessment shall be determined on the same basis as that provided for annual assessments in Article 13(d) and (e) of this Agreement, and shall be treated as if it were the next year's annual assessment for that City, subject to the limits described in Article 13(h) of this Agreement. ARTICLE 24 Provisions for By -Laws and Manual As soon as practicable after the first meeting of the Board of Directors, and within the first twelve months of the Authority's existence, the Board shall cause to be. developed Authority By -Laws and a policy and procedure manual to gDvern the day-to-day operations of the Authority. Each Member City shall receive a copy of any By -Laws, policy statement or manual developed under this Article. ARTICLE 25 Notices Notices to Member Cities hereunder shall be sufficient if mailed to the office of the City Clerk of the respective Member City. WCIA Interlocal Agreement October 1, 1991 Page 14 ARTICLE 26 Amendment This Agreement may be amended at any time by the written approval of two-thirds of all City Councils or Commissions of Cities signatory to it, or by an amendment adop*ed in the manner provided for in the By -Laws. ARTICLE 27 Prohibition Against Assignment No City may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee or third party beneficiary of any City shall have any right, claim or title to any part, share, interest, fund, assessment or asset of the Authority. ARTICLE 28 Agreement Complete The foregoing constitutes the full and complete Agreement to the parties. There are no oral understandings or agreements not set forth in writing herein. IN WITLESS WHEREOF, the parties hereto have executed this Agreement by Authorized officials thereof on the date indicated in the appropriate Appendix. APPENDIX 149-19 TO INTERLOCAL AGREEMENT CREATING THE WASHINGTON CITIES INSURANCE AUTHORITY WHEREAS, in 1980 the Cities of Mercer Island, Mountlake Terrace, Olympia, Kirkland; Marysville, Lacey, Kent, Everett and Des Moines did enter into and sign an Interlocal Agreement, as authorized by CH 48.62 RCW, for the creation of and operation of a liability self-insurance pool for the mutual protection and benefit of said entities known as the Puget Sound Cities hlterlocal Insurance Authority; and, WHEREAS, on March 13, 1986, the Board of Directors of the Authority did pass a motion to change the name to Washington Cities Insurance Authority. Said change is also ratified by new members; and, WHEREAS, the above referenced Interlocal Agreement provides in Article 19 for the addition of new members to said Authority after one year of operation as determined by vote of the Board of Directors of said Authority; and, WHEREAS, Article IV, Section 8 of the By -Laws of the Washington Cities hlsurance Authority provides the procedure for the admission of new members to said Authority; and, WHEREAS, on July 12, 2019, the Executive Committee of the Washington Cities Insurance Authority did pass a motion authorizing and inviting City of Federal Way to become a new member of said Authority; and, WHEREAS, City of Federal Way by decision of its respective legislative and executive authorities, has decided to become a new member to the Washington Cities Insurance Authority commencing on January 1, 2020; NOW THEREFORE, for and in consideration of all of the mutual benefits, covenants, and agreements contained herein, City of Federal Way by signature of its respective authorized representative to this APPENDIX 149-19 to the original Interlocal Agreement, do hereby agree to be bound to all the terms, conditions, and covenants of the original Interlocal Agreement creating the Washington Cities Insurance Authority and all APPENDIX 149-19 Page 1 of 2 previous appendixes, which are incorporated by reference herein and to become members of said Authority commencing at 12:01 a.m. on January 1, 2020. The new member whose representative signs this APPENDIX 149-19 agree that they shall be bound to the original Interlocal Agreement and all previous appendixes, and to which the APPENDIX 149-19 is attached; and further agree that they shall be bound by all provisions and terms of the By -Laws for the Washington Cities Insurance Authority as they now exist or may be amended in the future. The new member whose representative signs this agreement shall have the benefits of the Joint Protection Programs and obligations thereto as provided by the Washington Cities Insurance Authority commencing at 12:01 a.m., January 1, 2020. IN WITNESS WHEREOF, the party hereto has executed this APPENDIX 149-19 to the Interlocal Agreement creating the Washington Cities Insurance Authority by authorized official thereof, on the date indicated below. DATE: BY: TITLE: ATTEST: DATE: APPENDIX 149-19 Page 2 of 2 COUNCIL MEETING DATE: September 3, 2019 ITEM #:_6b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FEDERAL WAY LIEUTENANTS ASSOCIATION COLLECTIVE BARGAINING AGREEMENT POLICY QUESTION: Should the City Council approve the Proposed 2019-2021 Collective Bargaining Agreement with the Lieutenants Association? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: COUNCIL BILL # ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: 7. Ryan Call, City Attorney DEPT: Law Attachments: Staff Report RESOLUTION # Proposed 2019-2021 Lieutenants Association Collective Bargaining Agreement Options Considered: 1. Approve the proposed Agreement and authorize the Mayor to execute the necessary documents. 2. Reject the proposed Agreement and direct the City to continue negotiations. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A Committee Initial/Date COMMITTEE RECOMMENDATION: N/A 1 DIRECTOR APPROVAL: c Z Ili Initial/D;ve Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed 2019-2021 Collective Bargaining Agreement with the Federal Way Lieutenants Association. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 29, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney SUBJECT: 2019-2021 Lieutenants Association CBA The Lieutenants" Association has voted to ratify the proposed 2019-2021 collective bargaining agreement negotiated through the lieutenant leadership. The contract will be presented as a business item at the September 3, 2019 Regular Council Meeting. Financial Impacts: The cost to the City of this contract was included within the approved budget under the Police Department budget. In accordance with the approved budget, this item is funded from the General Fund. The total cost of compensation for an estimated 13 lieutenants for the three-year period covered by the contract is $5.92 million. This includes a $296,223 increase over the last contract to cover the following costs: • 2% wage increase effective 1/1/2019 1% wage increase effective 1/1/2020 • 2% wage increase effective 7/1/2020 • 1% wage increase effective 1/1/2021 • 2% wage increase effective 7/1/2021 • Deferred Compensation Match Employee Contribution: o City match up to 1% of monthly base rate of pay effective January 1, 2020. o City match up to 2% of monthly base rate of pay effective January 1, 2021. Background Information: Historically, the lieutenants' wages have followed a "me too" concept, where they get the same raise that the line officers receive. This serves to maintain the wage differential between line and management, and generally streamlines negotiations with the lieutenants. Wages for the lieutenants for this contract period continues to match the wage increases of the line officers. Rev. 7/18 In addition to the wage increases detailed above, the parties negotiated the following terms: The City will establish an HRANEBA account for the group. Each union member will be required to make a $25 per month pre-tax HRANEBA contribution. The parties clarified the number of hours of sick leave (30) that maybe taken after bereavement leave has been exhausted including an additional 20 hours may be taken with approval of the Chief of Police when death occurs to a member of the employee's immediate family or domestic partner. The Lieutenants agree to a per calendar year allowance for uniform and equipment based on assignment. In addition, they agreed upon a new method of processing claims for reimbursable uniforms and equipment where the officers will save receipts and only submit claims once a year for the total allowed amount instead of submitting them piece snail. This will spare the City administrative costs. The City also agreed to include firearms and gun sights on the list of reimbursable expenses. Other housekeeping changes to the contract were also negotiated. These include clarification on holiday bank, compensation for working the 0' of July, and incorporating previously agreed upon Memorandum of Understandings ("MOU") such as the WA Paid Sick Leave and language changes to conform with the Janus decision related to union dues. Mayor Reconi nirndation: Approve the proposed CBA with the Lieutenants' Association. Rev. 7/18 CITY OF FEDERAL WAY AND FEDERAL WAY LIEUTENANT ASSOCIATION Collective Bargaining Agreement 2019-2021 Table of Contents ARTICLE 1: ASSOCIATION RECOGNITION AND MEMBERSHIP ........................1 Section1. Recognition.......................................................................................1 Section 2. Association Membership....................................................................1 Section3. Dues Deduction.................................................................................1 Section 4. List of Employees...............................................................................1 Section5. Hold Harmless...................................................................................1 ARTICLE 2: MANAGEMENT RESPONSIBILITIES.................................................2 ARTICLE3: HOLIDAYS..........................................................................................3 Section 1, Observed Holidays.............................................................................3 Section 2. Work on Holidays...............................................................................4 Section 3. Use of Banked Holiday Hours............................................................4 ARTICLE4: VACATION..........................................................................................5 Section 1. Vacation Accrual................................................................. .........5 Section2. Accrual ........................ ......................... .............................................. 6 Section 3. Vacation Increments..........................................................................6 Section 4. Payment Upon Death.........................................................................6 Section 5. Forfeiture of Vacation.........................................................................6 Section 6. Vacation Scheduling..........................................................................6 Section 7. Vacation Cash Out ......................................................• ---...................6 ARTICLE5: SICK LEAVE.......................................................................................7 Section1. LEOFF...............................................................................................7 Section 2. Sick Leave Usage..............................................................................7 Section 3, Washington Paid Sick Leave..............................................................7 Accrual.............................................................................................. 8 CarryForward .................................................................................8 Verification of Absences Exceeding Three Days ..............................8 Reinstatement of Employment..........................................................9 Retaliation Prohibited........................................................................9 Section 4. Sick Leave Payment at Time of Retirement.......................................9 Section 5. Industrial Insurance Leave.................................................................9 Section 6. Family Care and Death....................................................................10 Bereavement Leave........................................................................10 Family Care Leave..........................................................................10 ImmediateFamily...........................................................................10 Section 7. Statement of Physician....................................................................10 Section 8. Fitness for Duty................................................................................11 Section 9. Federal Way Community Center Membership.................................11 Section10. FMLA Leave.....................................................................................11 Section 11. Domestic Partner Requirements......................................................11 Section 12. Domestic Partner Benefits................................................................11 Section 13. Alternate Duty/Early Return to Work................................................11 ARTICLE6: WAGE RATES............................................................ ...................12 Section 1. Wages.............................................................................................. 12 Section 2. Supervisory Training Incentive.........................................................12 Section3. On -Call Pay......................................................................................13 Section 4. Extra -Duty Pay.................................................................................13 Section 5. Non-Pyramiding...............................................................................13 ARTICLE 7: HOURS OF WORK.............................................................................13 Section1. Work Shifts.......................................................................................13 Section2. Shift Bidding.....................................................................................14 Section 3. Specialty Assignments.....................................................................14 Section4. Shift Trades ................................................. ..................................... 14 Section5. Out of Class...........................................•.........................................14 Section6. On-Call.............................................................................................14 Section 7. Rotating Schedule............................................................................14 ARTICLE8: OVERTIME.........................................................................................15 Section1. Definition..........................................................................................15 Section2. Supervision.....................................................................................15 Section3. Callback...........................................................................................15 Section 4. 7(K) Exemption............................................................... ...............16 Section5. FLSA Provisions...............................................................................16 ARTICLE 9: MEDICAL, DENTAL, AND LIFE INSURANCE PROGRAMS..............16 Section1. Health Plan.......................................................................................16 Section 2. Supplemental Disability Insurance...................................................17 Section3. HRA VEBA Plan...............................................................................17 ARTICLE 10: MISCELLANEOUS.............................................................................18 Section1. Take Home Cars..............................................................................18 Section 2. Auto Reimbursement.......................................................................19 Section 3. Appearances....................................................................................19 Section 4. Association Negotiating Committee.................................................19 Section 5. Association Business.......................................................................19 Section 6. Bulletin Boards.................................................................................20 Section 7. Damage of Personal Effects.............................................................20 Section 8. Personnel Files................................................................................20 Section 9. Uniforms and Equipment..................................................................20 Dry-Cleaning................................................................................... 20 AnnualAllowance...........................................................................21 Section10, Jury Duty..........................................................................................22 Section 11. Defense and Indemnification............................................................22 Section12. Service Leave..................................................................................22 ARTICLE 11: PROHIBITED PRACTICES...............................................................23 ARTICLE 12: REDUCTION-IN-FORCE...................................................................23 Section1. Layoff...............................................................................................23 Section2. R--call...............................................................................................23 ARTICLE 13: DISCIPLINARY INVESTIGATIONS...................................................23 Section 1. Disciplinary Standards.....................................................................23 Section 2. Disciplinary Investigations................................................................23 ARTICLE 14: GRIEVANCE PROCEDURE.............................................................24 Section 1. Grievance Procedure Steps.............................................................24 Section 2. Arbitration Panel...............................................................................26 Section3. Time Limits.......................................................................................27 Section 4. Multiple Procedures.........................................................................27 Section5. Submission.......................................................................................27 Section 6. Just Cause Standard........................................................................27 Section 7. Probationary Period.........................................................................27 Section 8. Parties to the Agreement.................................................................28 ARTICLE 15: NONDISCRIMINATION.....................................................................28 ARTICLE 16: DRUG TESTING...............................................................................28 Reasonable Suspicion ............................. ...........................29 Under the Influence.........................................................................29 IllegalDrugs....................................................................................29 Over -the -Counter Drugs..................................................................29 PrescriptionDrugs........................................................................... 30 ConfirmatoryTest........................................................................... 31 ARTICLE17: SENIORITY.......................................................................................31 ARTICLE 18: SAVINGS CLAUSE........................................................................... 32 ARTICLE 19: WAIVER CLAUSE.........................................................•...................32 ARTICLE20: DURATION........................................................................................32 33 APPENDIX A ....................................................................................................... WAGES......................................................................................................... 3 DEFERRED COMPENSATION: ........................................................................... 33 CITY OF FEDERAL WAY AND FEDERAL WAY POLICE LIEUTENANT ASSOCIATION Collective Bargaining Agreement PREAMBLE: The Federal Way Police Lieutenant Association ("Association") and the City of Federal Way ("City") mutually recognize the importance of ensuring the highest level of public service. The parties agree that it is of paramount importance that they constantly and vigilantly work to further this goal. The parties are dedicated to provide the best possible police protection to the citizens of Federal Way, and have entered into this collective bargaining agreement (the "Agreement") in a spirit of cooperation and collaboration in an effort to further this goal. ARTICLE 1: ASSOCIATION RECOGNITION AND MEMBERSHIP Section 1. Recognition The City recognizes the Association as the exclusive bargaining representative for all employees in the bargaining unit as certified by the Public Employment Relations Commission. Section 2. Association Membership All employees whose classification or job title is included in Article 1, Section 1 of this Agreement may voluntarily join the Association as a member. Section 3. Dues Deduction Upon receipt of written authorization individually signed by a bargaining unit employee, the City shall deduct from the pay of such employee the amount of dues and fees as certified by the secretary of the Association and shall transmit the same to the Association within five business days of the issuance of pay checks. Such authorization shall be terminable upon the employee providing both the City and the Association 30 days' written notice. Section 4, List of Employees The City will transmit to the Association a current listing of all employees in the bargaining unit within thirty (30) days of request for same but not to exceed twice per calendar year. Such list shall include the name of the employee, position, and salary. Section 5. Hold Harmless The Association will indemnify and save the City harmless from all suits, actions, and claims against the City or persons acting on behalf of the City whether for damages, compensation or a combination thereof, arising out of the City's faithful compliance with the terms of this Article. In the event of any suit or proceeding LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 11 brought to invalidate this Article, the Association will actively defend the suit or action. However, in the event any determination is made by the highest court having jurisdiction that this Article is invalid, the Association shall be solely responsible for any reimbursement. ARTICLE 2: MANAGEMENT RESPONSIBILITIES Section 1. The Association recognizes the right of the City to operate and manage its affairs in all respects in accordance with its lawful authority. The City retains the authority that the City has not expressly delegated or modified by this Agreement. Section 2. Management rights and responsibilities shall include, but are not limited to, the following examples: 1. The City and the Department shall retain all rights and authority to which by law they are entitled. 2. The City shall have the authority to organize and reorganize the operations within the Department. 3, The Association recognizes the right of the Department to enforce the Department Rules and Regulations, and operational procedures and guidelines. 4. The City has the exclusive right to schedule work and overtime work as required in the manner most advantageous to the City, consistent with the applicable provisions of this Agreement. 5. The City has the right to assess an employee's performance of their job. 6. The City has the right to: a. discipline, suspend, and discharge non -probationary employees for just cause. Scheduling of disciplinary days off will be at the convenience of Department operations. b, to demote probationary employees for any reason. Employees who are demoted before completing their probationary period shall not have access to the grievance procedures of this Agreement to protest or challenge the demotion, or the reasons therefor. C. to recruit, hire, promote, fill vacancies, transfer, assign, and retain employees. LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 12 d. to lay off employees for lack of work or funds or other legitimate reasons. 7. The City has the right to determine business hours, to determine the starting and quitting times, and to discontinue work that would be wasteful or unproductive. 8. The City has the right to control the Police Department budget. 9. The City has the right to determine the methods, location, means and processes by which work shall be accomplished. 10. The City shall have the right to take any and all actions necessary in the event of an emergency. 11. The City has the right to make work assignments, including moving work from the Guild unit into this unit, and work from this unit into the Guild unit. Section 3. The parties recognize the City may perceive a need to make operational changes in areas that are not covered by the above management responsibilities. In the event the City desires to make such a change in a mandatory subject of bargaining, the City shall give the Association at least ten (10) days' notice of the desired change. The Association may request bargaining of the issue, and the City thereafter will meet with the Association in an effort to resolve the issue. Should resolution not be achieved, either party may request the assistance of a PERC mediator. If mediation is unsuccessful within thirty (30) after a mediator is assigned, the issue will expeditiously be taken to interest arbitration pursuant to the standards contained in RCW 41.56. ARTICLE 3: HOLIDAYS Section 1. Observed Holidays_ Beginning January 1 each year, the City shall bank (provide) one hundred sixteen (116) hours of holiday pay for each bargaining unit employee for the following observed holidays: LIEUTENANT ASSCCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 13 Commonly Called First day of January New Year's Day Third Monday of January Martin Luther King Day Third Monday of February President's Day Last Monday of May Memorial Day Fourth day of July Independence Day First Monday of September Labor Day LIEUTENANT ASSCCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 13 11th Day of November Veteran's Day Fcurth Thursday of November Thanksgiving Day Fr�day following the fourth Thursday in November Day after Thanksgiving 25th day of December Christmas Day 2 Floating Holiday The Association will work with the City to minimize any overtime impact of the additional holiday time being used before year end. For employees hired after January 1St in a given year, the City may prorate the hours to be banked and shall bank (provide) the number of hours of holiday pay calculated by multiplying the number of holidays remaining to be celebrated in that year by eight (8) hours (e.g., for an employee hired on March 1St, fifty-six (56) hours calculated by multiplying the number of holidays remaining to be celebrated in that year [seven (7)] by eight (8) hours); provided that the City shall not be required to bank hours for floating holidays for any employee hired on or after July 1St during the employee's year of hire. Floating holidays are use or lose, will not be carried forward or cashed out if an employee permanently leaves the service of the employer. If an employee permanently leaves the service of the employer before December 31St o� any given year, the City may deduct Banked hours credited to the employee's holiday pay bank equal to the number of holidays remaining to be celebrated in that year multiplied by eight (8) hours, as well as eight hours for the floating holiday if, the termination occurs prior to July 1St of that year. The additional 20 holiday hours will not be prorated, but will be a lump sum added at the beginning of the calendar year or upon commencement of employment. Section 2_ Work on Holidays_ The decision of whether an employee will be required to work on an observed holiday will be made by the City. Employees working on Thanksgiving Day, Christmas, New ;ear's Day shall be paid at time and one half for each hour worked. Employees working on Independence Day shall be paid at double time for each hour worked. Section 3- Use of Banked Holiday Hours All employees shall make reasonable efforts to expend their banked holiday hours prior to the end of each year (December 31). Employees may use their banked holiday hours in increments no smaller than two hours, and shall use all banked holiday hours prior to using any vacation hours. Banked holiday hours shall be used on a firs earned, first out (FIFO) basis. In the event an employee does not use all of his/her banked holiday hours prior to December 31, the employee will forfeit the remaining banked holiday hours, except that an eniployee may carryover unused banked holiday hours until June 30 LIEUTENANT ASSCCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 14 of the following year, if: a. the employee makes a reasonable effort to use his/her banked holiday hours/pay, the employee is denied the opportunity to use banked holiday hours/pay by his/her supervisor, and the employee has written documentation of said effort in the form of completed Department leave request forms reflecting that the use of banked holiday hours/pay had been denied by the employee's supervisor, and/or b. the employee was prevented from using banked holiday hours/pay because of approved leave resulting from military service, long term disability, work related injury, or a similar reason. The City shall track employee use of banked holiday hours and, upon request, the City shall provide employees and the Association with annual reports in October of each year reflecting the amount of banked holiday hours/pay for each bargaining unit employee. ARTICLE 4: VACATION Section I. Vacation Accrual Association members shall accrue vacation benefits while in pay status, based upon their years with the city, as indicated in the following table: Ful! Years of Service Through end of Year 5 Upon begir:ning of Year 6 Upon beginning of Year 11 Upon beginning of Year 16 Upon beginning of Year 21 Upon beginning of Year 26 Annual Leave in Hours 96 132 150 180 204 220 In the evert the city agrees to a more favorable schedule with the Police Guild the Association may, upon notice to the City, have such schedule made applicable to lieutenants as well. LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 15 Section 2. Accrual Employees shall accrue vacation benefits on a semi-monthly basis, consistent with the City's payroll periods. Part time regular employees shall accrue vacation leave in accordance with the vacation leave schedule set forth in Section 1 of this Article, however, such accrual rates shall be prorated to reflect his/her normally scheduled work week. Section 3. Vacation Increments Vacation may be used in two-hour increments at the discretion of the Chief or his/her appointed designee. Section 4. Payment Upon Death In cases or separation by death, payment of unused vacation benefits shall be made to the employee's estate, or in applicable cases, as provided by RCW, Title 11. Section 5. Forfeiture of Vacation The maximum total vacation accrual is two times the employee's annual accrual rate. All employees shall use all of their excess vacation accrual prior to December 31st, or forfeit the excess, provided, an employee's total vacation accrual may exceed the maximum stated herein, upon request and with approval of the Department and the City Manager, if cyclical workloads, work assignments or other reasons as may be in the best interests of the City prevent the City from scheduling the vacation. Employees who leave City employment for any reason will be paid for their unused vacation up to the maximum specified herein, except that employees who become disabled in the line of duty and retire as a result thereof, shall be paid for all unused accrued vacation in their account at the time of the termination of their employment. Arty employee who voluntarily leaves the department and does not give the City two weeks' notice shall forfeit all unused vacation, unless such notice is not reasonably possible. Section 5_ Vacation Scheduling If the City cancels vacation once it has been approved and the affected employee has i-:curred non-refundable expenses in planning for the same, the employee shall be reimbursed by the City for those expenses. Any employee called back to duty orce vacation has begun shall be reimbursed for any additional transportation costs incurred in returning to duty. Section 7. Vacation Cash Out Annually, each employee may elect to cash out forty (40) hours of accrued vacation. An employee electing to cash out forty (40) hours of accrued vacation must provide notice to HR no later than November 1. Payment for those employees LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 16 electing to cash out forty (40) hours of accrued vacation shall be made on the first pay check in December. ARTICLE 5: SICK LEAVE Section 1. LEOFF Sick leave benefits are accrued by employees based on their eligibility to participate in either the LEOFF I or LEOFF II systems. a. LEOFF I employees shall receive temporary disability payments in accordance with state law. b. LEOFF II employees shall earn 8 hours paid sick leave per month of employment, up to a maximum of 1,040 hours. Section 2. Sick Leave Usage Accrued sick leave benefits may be used by an employee to avoid loss of pay if the employee is unable to work due to personal illness or injury, enforced quarantine in accordance with community health regulations, or the serious injury or illness of an child of the employee with a health condition that requires treatment or supervision, or for a spouse, domestic partner, parent, parent -in-law, or grandparent of the employee who has a serious health condition or an emergency condition as more particularly established in Chapter 296-130 of the Washington Administrative Code (WAC). Sick leave benefits may be used in one half-hour increments. Section 3. Washington Paid Sick Leave Pursuant to Chapter 296-128-600 through 296-128-770 of the Washington Administrative Code (WAC) and Revised Code of Washington 49.46.210, Washington Paid Sick Leave is available to Association members to care for their health and the health of their family members. Washington Paid Sick Leave may be used for: an employee's mental or physical illness, injury or health condition; preventive care such as medical, dental or optical appointments and/or treatment; care of a family member with an illness, injury health condition and/or preventive care such as a medical, dental, optical appointment; closure of the employee's place of business or child's school/place of care by order of a public official for any health-related reasons; and when the employee or the employee's family member is a victim of domestic violence, sexual assault, or stalking. Authorized use of Washington Paid Sick Leave for domestic violence, sexual assault or stalking includes: seeking legal or law enforcement assistance or remedies to ensure the health and safety of employee's and their family members including, but not limited to, preparing for, or participating in, any civil or criminal legal proceeding related to or derived from domestic violence, sexual assault or stalking; seeking treatment by a health care provider for physical or mental injuries LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 17 caused by domestic violence, sexual assault, or stalking; attending health care treatment for a v°ctim who is the employee's family member; obtaining, or assisting the employee's family member(s) in obtaining, services from a domestic violence shelter, a rape c Isis center, or a social services program for relief from domestic violence, sexual assault or stalking; obtaining, or assisting a family member in obtaining, menta' health counseling related to an incident of domestic violence, sexual assault or stalking in which the employee or the employee's family member was a victim of domestic violence, sexual assault or stalking; and, participating, for the employee or for the employee's family member(s), in safety planning, or temporary or permanent relocation, or other actions to increase the safety from future incidents of domestic violence, sexual assault, or stalking. For purposes of Washington Paid Sick Leave, "family member" is defined as: a biological, adopted, or foster child, stepchild, or a child to whom the employee stands in loco parentis or legal guardian, or is a de facto parent, regardless of age or dependency status; a biological, adoptive, de facto, or foster parent, stepparent, or legal guardian of an employee or the employee's spouse or domestic partner, or a person who stood in loco parentis when the employee was a minor child; a spouse, domestic partner, grandparent, grandchild or sibling. Accrual As established by law, an employee shall accrue one (1) hour of Washington Paid Sick Leave for every forty (40) hours worked. Washington Paid Sick Leave will accrue in conjunction with regular sick leave according to the collective laargaining agreement. Carry F_orNard The total sick leave hours that will be carried forward at year-end, for both standard sick leave and Washington Paid Sick Leave, will be one thousand eighty (1,080) hours. This will include a maximum of forty (40) hours of Washington Paid Sick Leave as provided by law. If an employee is not at the maximum carry forward of one thousand eighty (1,080) hours, any hours of Washington Paid Sick Leave in excess of the forty (40) hour carry forward amount will be transferred to the City sick leave bank, so that the employee does not lose hours that they previously would have banked prier to the establishment of Washington Paid Sick Leave. In no case will more than a combined total of one thousand eighty (1,080) hours be carried fo rwa rd. Verification of Absences Exceeding Three Days If an employee is seeking to use or has used Washington paid Sick Leave for authorized purposes or more than three (3) consecutive days during which the employee is/was required to work, the employee may be required to provide documentation that establishes or confirms that the use of paid sick leave is for an authorized purpose. LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 18 Reinstatement of Employment Employees separating or retiring from employment will not be provided with financial or other- reimbursement for unused, accrued Washington State Paid Sick Leave. If an employee leaves employment and is rehired within twelve (12) months of separation, any accrued, unused paid sick leave will be reinstated to the employee's paid sick leave bank. Should the reinstatement occur in a new fiscal year, the maximum bank will be the forty (40) hours carry over provided that the employee had forty (40) or more hours banked upon separation. Retaliation Prohibited Pursuant to Chapter 296-128-770 of the WAC, any discrimination or retaliation against an employee for lawful exercise of paid sick leave rights is prohibited. Employees will not be disciplined for the lawful use of Washington Paid Sick Leave. Section 4. Sick Leave Payment at Time of Retirement a. LEOFF Retirement. Upon retirement into LEOFF II, the City agrees to pay twenty-five percent (25%) of an employee's unused accrued sick leave hours and unused accrued Washington paid Sick Leave hours at the employee's current hourly rate with a cap of two hundred seventy (270) hours. See HRA VEBA Article 9, Section 4b. b. Death in the Line of Duty. The City agrees to pay one hundred percent (100%) of an employee's unused accrued sick leave hours and unused accrued Washington Paid Sick Leave hours at the employee's current hourly rate when death occurs in the line of duty. Section 5. Industrial Insurance Leave If the state grants industrial insurance benefits, the Lieutenant will remain fully compensated under the City's "kept on salary" program ("Program"). The Program will continue the full salary without deducting any leave for thirty (30) days. In the event the Lieutenant cannot return to work on the thirty-first (31S) day, the Lieutenant would become eligible for time loss. Unless otherwise required by State law, the procedure for workers' compensation time loss payment/reimbursement will be as follows: State Industrial Insurance will pay time loss compensation according to a set formula based on marital status and number of dependents. Lieutenants cannot use sick leave and receive worker's compensation at the same time, because this results in "double payment". Lieutenants must use the time loss money from worker's compensation to "buy back" the sick leave used. Compensatory time cannot be bought back. "Buy back" for vacation leave is optional. Since worker's compensation only pays a percentage of full wages, a Lieutenant can only "buy back" a percentage of the leave used with that money, however, the Lieutenant will not suffer the income loss that occurs when he/she only receives worker's LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 19 compensation benefits. When an employee receives a worker's compensation time loss check, he/she should turn the check over to payroll. Based upon the Lieutenant's hourly rate and the amount of worker's compensation time loss received, payroll will determine the amount of leave to be bought back. Payroll will notify the Lieutenant when all available sick leave and/or vacation leave has been used, and then the employee will keep additional worker's compensation time loss payments until he/she is able to return to work. The City will continue to pay its portion of health insurance premiums for up to a total of six 6) months while a Lieutenant is on "kept on salary" and subsequently receiving workers' compensation time loss payment. A Lieutenant who has been away from work due to an injury may not return to work without a written statement from the appropriate medical personnel stating the Lieutenant is able to resume his/her job duties, or specifying limits on duties which can be performed. Section 6. Familv Care and Death a. Bereavement Leave Regular, full time employees shall be entitled to three (3) days (30 hours) of bereavement leave due to death of a member of the employee's immediate family or domestic partner. Regular, full time employees, who have exhausted their bereavement leave, shall be entitled to use sick leave in the amount of up to three (3) days (30 hours) when death occurs to a member of the employee's immediate family or domestic partner. Upon approval by the Chief of Police, an additional twenty (20) hours of sick leave may be used by the employee when death occurs to a member of the employee's immediate family or domestic partner. b. Family Care Leave Employees may use sick leave for family care purposes in accordance with state law and the City's Employee Guideline. C- Immediate Family Immediate family is construed to mean persons related by blood or marriage to an employee as follows: grandmother, grandfather, mother, father, step parents, husband, wife, son, daughter, step chil:.lren, legally adopted child, brother, sister, and grandchildren. Section 7. Statement of Physician The City may reasonably require a physician's statement for the purpose of assuring that sick leave benefits are being used in conformance with this article, to verify that a lieutenant has been released to return to duty, and for FMLA related compliance. LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 110 Section 8= Fitness for Duty The City may require that an employee take a fitness for duty examination when the City has reasonable doubt that the employee can perform the essential functions of the job. Section 9, Federal Way Community Center Membership Union members will be eligible to participate in the Federal Way Community Center's employee discount program as outlined in the Employee Guidelines. Section 10. FMLA Leave For purposes of determining the twelve (12) week leave period provided by the FMLA, such period shall run concurrent with the employee's accrued paid leave period. The amount of leave available for use is based upon a rolling twelve (12) month period. Section li. Domestic Partner Requirements In order to constitute a domestic partner under this agreement an employee must sign an affidavit stating that both parties are: a. Not related by blood closer than would bar marriage in Washington State. b. Not married to another or in any other domestic/civil partnership. C, 18 years of age. d. Competent to contract when the domestic partnership began. e. Declare each other's sole domestic partner. f. Currently share primary residence/mutual support/intend indefinitely. g. Have an intimate, committed, and exclusive relationship. h. Of the same sex and/or opposite sex and responsible for each other's common welfare. Section 12. Domestic Partner Benefits A person whom a Lieutenant identifies as his or her domestic partner by completing an Affidavit of Domestic Partner will be provided the same consideration as an employee's "spouse" for purposes of this agreement. Section 13. Alternate Duty/Early Return to Work The City recognizes the value of trained lieutenants and, therefore, offers the Alternate Duty/E=arly Return to Work Program in accordance with the Employee Guidelines to all injured employees, whether injured on -duty or off. The City will work in good faith with the attending physician to return the employee to work as LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 111 soon as possible or to provide alternative work for a maximum of six months. If, at the expiration of the six months, the attending physician determines that the employee will be able to perform the essential functions or duties of the job within a reasonable time period, the City will continue to work with the lieutenant to provide reasonable accommodation. ARTICLE 6: WAGE RATES Section 1. Wages The linkage of twenty-two percent (22%) between the top step of base pay (excluding Career Development) ("Top Step") of the police officer in the Guild contract and the first step of pay for Lieutenants (the "Differential Formula") is intended to provide stability and avoid potential compression. Throughout the term of this Agreement, the Lieutenants will receive a pay adjustment whenever there is a change in the Toa Step in the Guild bargaining agreement. The pay adjustment shall occur at the same time that the Guild adjustment to the Top Step is effective. While each party reserves the right to seek a change in the Differential Formula in future negotiations, any such change will require the party proposing it to have a compelling basis for making the change. In the event negotiations between the parties to this Agreement extend into the year following the contract expiration date of this Agreement, the Lieutenants will not receive any change required by the Differential Formula until a new Agreement is in place. For example, this Agreement expires on December 31, 2021. In the event the Guild receives an increase of X percent on January 1, 2022, and the parties are still negotiating their new agreement, no additional pay will be received by the Lieutenants until the contract negotiations are complete. At that time, assuming no change is agreed to in wages by the City and the Lieutenants Association, the Lieutenants shall receive an increase of X percent (as provided in the Differential Formula) retroactive to January 1. The wage adjustments for 2019 are retroactive to January 1, 2019, and apply to currently employed Lieutenants as of ratification. Wage rate shall be as specified in Appendix A. Section 2. Supervisory Training Incentive A lieutenant will receive a one-time payment of $250 upon completion of the first level supervisory certificate. A lieutenant will be eligible to receive an additional one-time payment of $250 upon completion of 72 hours of approved elective supervisory and management classes taken within a three year period. If a lieutenant makes a good faith effort to meet the goal during the three year period, but is unable to do so as a result of reasonable training requests being denied (funding, for operational reasons, etc.) the time period for obtaining the additional hours will be extended one year. LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 112 Section 3. On -Call Pay Effective the first pay period following ratification of the Agreement, lieutenants assigned to the Criminal Investigations Section, the Traffic/MATT Unit, SWAT and the Bomb Unit shall receive an additional five (5) percent of the top step wage rate per month as on call pay. The higher percentage rate is due to the more frequent rotation. Section 4. Extra-DL,ty Pay Field Training Officer Program (FTO) Lieutenant shall receive five (5) percent pay as the program administrator. When assigned by the department, an additional FTO Lieutenant will be added and shall receive an additional three (3) percent while fulfilling that role. The lieutenant assigned as the program administrator for the Force Training Unit shall receive an additional five (5) percent of the top step wage rate per month. Section 5. Non -Pyramiding On-call pay and/or extra duty pay shall not be duplicated or pyramided. ARTICLE 7: HOURS OF WORK Section 1. Work Shifts a. (i) The Patrol Division Lieutenants will continue to work a 4/10 schedule. Shift starting hours will be determined from time to time by the City. There will be one Lieutenant assigned to each patrol squad. a. (ii) Detective Lieutenants will work a 4/10 schedule with either Mondays or Fridays off. In the event of court appearances or operational needs of the Police Department, the City may adjust the shifts and work days of Detective Lieutenants to minimize overtime expenses to the City. Normal work hours will be from 0700-1700. Detective Lieutenants will be authorized to work a traditional 5/8 schedule upon request. Except for the rotating on-call detective assignment, if the City determines to have individual schedules for detectives that do not have weekends off, the City will initially request volunteers and then make the assignment by inverse seniority if there are insufficient volunteers. Lieutenants will continue to flex their time when reasonably possible so as to minimize overtime. a. (iii) The Traffic, Contract Services, and Administrative Lieutenants will work a 4/10 schedule. In the event of court appearances or operational needs of the Police Department, the City may adjust the shifts and work days of these Lieutenants to minimize overtime expenses to the City. These Lieutenants will be authorized to work a traditional 5/8 schedule upon request. LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 113 b. Re�ner The parties agree that the City may reopen the issue of shift scheduling with the Association. Any such bargaining will be handled on an expedited basis. After 60 days, either party may request a mediator from the PERC. The parties agree to waive the arbitration panel and agree to select a single arbitrator in accordance with the PERC procedure, and to cooperate in expediting the arbitration procedure. C. The normal workday shall be inclusive of the thirty minute lunch period for all members of the bargaining unit. Lieutenants in investigations will flex their schedules so as to minimize the impact on the City. Section 2. Shift Bidding Lieutenants assigned to the patrol function will bid annually for their work shift and days off based upon their seniority. The bid will be conducted electronically through Department email. It will be open for seven days. After all bids are submitted the Association may waive the 7 -day requirement. The City may move a lieutenant during the year, or after reviewing the bid results, based upon reasonable necessity. A reasonable necessity would involve a change made by the City due to legal concerns. In the event the change will be for more than four (4) months, the Association may request a rebid of positions. Section 3. Specialty Assignments The assignment of employees to specialty units shall be made by the City. Section 4. Shift Trades With management approval, shift trades may be made, upon request of the employee. Under no circumstances will a shift trade result in the payment of contractual overtime, or have any other additional cost to the City. Section 5. Out of Class A lieutenant assigned by the City to perform work out of class (i.e.- as a commander) will receive a seven percent (7%) increase for those hours spent as performing those duties. Section 6. On -Call Employees who are on-call pursuant to an on-call schedule authorized by this section shall carry a City provided pager or be reachable by telephone, and shall generally respond within one (1) hour. Employees who are on-call shall also be provided a City vehicle for commute purposes during all periods that the employee is subject to call-back. Section 7. Rotating Schedule Lieutenants assigned to the Criminal Investigations Sections may be placed on a rotating, on-call schedule. ' The schedule and procedures for assigning LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 114 lieutenants to on-call duties will be consistent with current practice. ARTICLE 8: OVERTIME Section 1. Definition Any time worked in excess of the assigned shift shall be paid at the overtime pay rate. Except in emergency situations, Department approval is required before working overtime. Overtime shall be paid at time and one-half (1-1/2) times the employee's regular hourly rate of pay. Overtime shall be accrued in increments of one-quarter hour, with the major portion of one-quarter hour to be paid as one- quarter hour. a. Compensatory time may be accrued by an employee at the time and one-half (1-1/2) rate in lieu of pay for court time, callbacks, or overtime up to a maximum of eighty (80) hours. The accrual of compensatory time is contingent on approval by the City. b. Compensatory time off shall be used in accordance with the provisions of the Fair Labor Standards Act and the case law decided there under, including Mortensen v. County of Sacramento. Section 2. Supervision A. In the absence of a patrol lieutenant for a shift, the supervision of that patrol squad will be assigned in this priority, based on the conditions described: 1. When a field operations specialty lieutenant is on duty, that lieutenant will be assigned to supervise the patrol squad, if available. 2. When there is no field operations lieutenant available, supervision may be conducted by another lieutenant on overtime. When there is sufficient advance notice that an absence under these conditions will occur, an announcement will be sent to all lieutenants via department email seeking a lieutenant to volunteer for the overtime. a. Generally the supervision will be granted first come, first served. 3. If no lieutenant volunteers to fill an overtime vacancy, a corporal may be used to supervise the squad. B. Time off requests will not be denied solely due to a commander not being on duty. Section 3. Callback Any employee called back after finishing his/her regular shift, or called to report on his/her day off for any reason (including being called into court on matters arising directly from the lieutenant's employment as a police lieutenant), shall be guaranteed three (3) hours pay at one and one-half (1-1/2) times his/her regular LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 115 straight -time hourly rate of pay. If the assignments require time over the three (3) hour guarantee, all time over the three (3) hours shall be paid at the rate of one and one-half (1-1/2) times his/her regular straight -time hourly rate of pay. a. When a lieutenant is called back to work within a three (3) hour period immediately preceding his/her regular shift, he/she shall be entitled to pay at one and one-half (1-1/2) times his/her regular straight -time hourly rate of pay from the time of appearance to the time his/her regularly scheduled shift begins, whatever that period of time shall be. b. All court time accumulated which begins when a lieutenant is on duty and extends past his/her regular shift, shall be compensated at one and one-half (1-1/2) times the regular straight -time hourly rate of pay for the period following the regular duty shift. C. In the event an lieutenant is given less than twelve (12) hours' notice of cancellation of a scheduled off-duty court appearance, he/she shall be entitled totwo (2)hours pay at one and one-half (11/2)_ times their regular straight -time hourly rate of pay. Notice of cancellation will first be attempted by direct phone message. If no contact is made, a message to voice mail (either at home or the Department) indicating time and date of message shall suffice as notification. Section 4. 7(K) Exemption The City has elected a 7(K) exemption pursuant to the Fair Labor Standards Act (FLSA). The City may determine a work period consistent with the 7(K) exemption, and will pay the overtime rate for FLSA hours worked in excess of the maximum permitted in that work period, unless overtime pay has already been paid pursuant to the requirements of this Agreement. Section 5. FLSA Provisions The City will comply with the hours of work provisions of the FLSA regarding the determination of compensable time. ARTICLE 9: MEDICAL, DENTAL. AND LIFE INSURANCE PROGRAMS Section 1, Health Plan The Employer shall provide LEOFF I employees such coverage as is mandated by RCW Chapter 41.26, the Law Enforcement Officers and Firefighters Retirement System Laws of 1969, as revised. For LEOFF II employees the coverage shall be as follows: a. (i) Medical Plan. The Employer shall pay each month one hundred percent (100%) of the premium necessary to purchase employee coverage and ninety percent (90%) of the premiums necessary for the purchase of dependent coverage (excluding spouses who are eligible LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 116 for other coverage through their place of employment) under Kaiser Permanente PPO Access or HMO insurance plans as selected by the emf1loyee. The City will reimburse actual expenses incurred in order to cover the annual deductible payments under the PPO Plan ($100 individual, max $300 family). There will be a Plan A and a Plan B or both the PPO and HMO Plan. a. (ii) In the event the City agrees in bargaining to increase the deductible reimbursement for the Guild, the change shall be applicable to the Lieutenants (instead of the $100/$300). a. (iii) The City may add an option for a High Deductible plan. a. (iv) Every year as part of the Wellness Program, a Lieutenant and spouse/partner (if covered under the plan) must complete the Health Screening Questionnaire, the Biometric Screening, and participate in the City's wellness program meeting the established criteria by October 31 of each year in order to be eligible for Plan A in the succeeding year. a. (v) Refusal to participate in the wellness program or failure to meet the wellness requirement by a Lieutenant and/or covered spouse/partner will result in coverage under Plan B, but shall not otherwise impact the status of the Lieutenant at the City. b. Dental and Vision Plans. The Employer shall provide Group Dental Plan equivalent to the AWC Plan F for LEOFF I dependents and LEOFF II employees and their dependents. The Employer shall provide Group Vision Plan to the employees and their dependents. C. Other. The life insurance benefit shall be one (1) time's annual salary to a maximum of $110,000. Additionally, the Employer agrees to a section 125 plan to allow for pretax payment of employee insurance co -pays by the employee. Section 2. Supplemental Disability Insurance The City shall continue to provide supplemental coverage. The Association may elect to have a LEOFF II Supplemental Disability Income Plan: In that event, the Employer shall provide for mandatory payroll deduction for a LEOFF II disability plan selected and administered by the Association. Participation shall be a condition of employment for all LEOFF II employees. Other than payroll deduction, the City shall have no responsibility for administration of this benefit. Section3. HRA VEBA Plan The City will maintain a HRA VEBA Plan, health reimbursement arrangement that will at a minimum provide for: (a) eligibility for all bargaining unit employees, (b) LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 117 irrevocable selection for the group of mandatory participation as defined by the plan, (c) immediate vesting of all contributions, (d) reimbursement of qualified out-of- pocket medical care as defined by the IRS for medical expense deductions under Section 213 of the Internal Revenue Code, and (e) transfer of an account to a surviving spouse eligible dependent for use for eligible medical expenses upon the death of the employee. The City will not make contributions to the HRA VEBA Plan. a. Mandatory Employee Contribution — Effective on the first of the month following 30 days from the date of ratification and on a monthly basis thereafter, each employee will make a mandatory twenty-five ($25.00) dollar per month pre-tax contribution to the employee's HRA/VEBA. b. Sick Leave Cash Out — Contributions shall include 100% of the cash -out value of all unused sick leave accrued and available for cash -out upon retirement from services into LEOFF to the maximum pursuant to Article 5, Section 3. ARTICLE 10: MISCELLANEOUS Section 1. Take Home Cars A take home car program will be established for the Lieutenants. Unless earlier terminated pursuant to the terms of this Agreement, the Program will continue for the duration of this Agreement. a. The cost of this program in the initial year (2016) is not to exceed $25,000 and the ongoing costs of this program will not exceed $15,000 per year. b. Staff will monitor the actual impacts to the budget to determine if the take home car program is sustainable. The determination of whether the program is sustainable will be based upon program costs remaining under the financial limits, or a determination that the program has an adverse impact on the operations of the department and/or City. If the City determines that it is not sustainable, the first step will be to address the issues through labor management meetings. If it can't be resolved there, it will be addressed through bargaining via a re -opener on take home cars. C. Secondary vehicles will be used to increase the number of vehicles available to Lieutenants who would not normally be assigned a vehicle based on assignment. No new vehicles will be purchased for the startup of this program. The number of primary vehicles assigned to Lieutenants will be made by the City. d. If a secondary vehicle is lost due to damage or because it is too costly to maintain (as determined by the City), that vehicle will not be LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 118 replaced early. Rather, the car will be unavailable until a new secondary vehicle becomes available in the regular course of the fleet mai;itenance/rotation. Regular maintenance will be continued on secondary vehicles. e. All relevant MOS sections apply including 40.1.3. f. Mileage limit of a 25 mile radius from City Hall. All 13 current Lieutenants are eligible for a take home car regardless of assignment. If a current Lieutenant moves outside of this mileage restriction and they are not in an on-call assignment, they will be assigned a vehicle to be parked at an agreed upon secure location within the established boundary, i.e. another police/fire station. Any Lieutenants promoted after the effective date of this contract (01/01/2015) are not grandfathered in and subject to the mileage restriction The mileage radius applies only to cars authorized under this program, not to cars assigned for other reasons by the department (e.g. on call assignment). g. The department retains the right to assign particular vehicles to particular Lieutenants based on the department's operational needs. h. The parties will work together in Labor Management to resolve issues or concerns with the program. Section 2. Auto Reimbursement All employees who have been authorized to use their own transportation on City business shall be reimbursed for actual mileage at the then current reimbursement recognized by the Internal Revenue Service. Section 3. Appearances Before the Civil Service Commission, PERC or Labor Arbitrators Employees who are requested by the City to attend proceedings before the Civil Service Commission, PERC, or labor arbitration may attend without loss of pay. Employees called solely as a fact witness (as opposed to a grievant, etc.), shall be allowed to testify without loss of pay only during the time of their testimony. The parties will cooperate in scheduling such witnesses so as to minimize any disruption to the Department. Section 4. Association Negotiating Committee Up to three employees who serve on the Association Negotiating Committee shall be allowed time off from duty to attend negotiating meetings with the City. Section 5. Association Business The Department shall afford Association representatives a reasonable amount of time while on -duty to consult with appropriate management officials, LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 119 and/or aggrieved employees, provided that the Association representatives and/or aggrieved employees contact their immediate supervisors, indicate the general nature of the business to be conducted, and request the necessary time off. Such time off will not be allowed whenever the City reasonably determines it will interfere with Department operations and Association representatives shall not use excessive time in handling such responsibilities. The Association shall give the City as much advance notice as reasonably possible of such time off requests. Section 6. Bulletin Boards The City shall permit the use of a bulletin board by the Association for the posting of notices relating to official Association business, so long as the matters posted are not inflammatory or otherwise detrimental to the operations of the Department. Section 7. Damage of Personal Effects Employees, who in the line of duty suffer damage to personal property and/or clothing, will have same repaired or replaced at Department expense. Damage caused by ordinary wear and tear will not be covered, and replacement will be limited to personal effects of regular and ordinary value (i.e.-no Rolex watches). Section 8. Personnel Files Employees shall have access to complete copies of their personnel files at any reasonable time. The employee may request removal of material that he/she believes is erroneous or irrelevant. If the employee does not agree with the City's decision, he/she may prepare a statement responding to or supplementing the material in the file, and that statement will be placed in the file. Employees may request that written reprimands be expunged from personnel files after a minimum period of three years if there is no recurrence of similar misconduct for which the employee was disciplined during that period. Employees may request that records of more serious discipline be expunged from personnel files after a minimum period of five years if there is no recurrence of similar misconduct for which the employee was disciplined during that period. Requests for the expunging of disciplinary references in personnel files, pursuant to this section, shall not be unreasonably denied. In making this determination a factor the Chief may consider is that the Lieutenant is in a supervisory position. Nothing in this section shall be construed as requiring the City to destroy any employment records necessary to the City's case if it is engaged in litigation in any way related to that employee's employment at the time those records would otherwise be destroyed. Section 9. Uniforms and Equipment All commi -:,sioned lieutenants shall be furnished all required uniforms and equipment. a. Dry -Cleaning Uniforms shall be dry-cleaned at the City's expense as necessary. LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 120 b. Annual Allowance All employees shall be paid an annual allowance per the schedule below for reimbursement for expenses incurred in the purchase of job- related footwear, clothing, and pre -approved accessories. No such payment will be rolled over to the next year in the event an employee does not purchase job-related footwear, clothing, or accessories during a year. • Lieutenants assigned to the Criminal Investigations Section property crimes or crimes against persons units and the Administrative Lieutenant in Professional Standards will be paid up to $600 per calendar year. This amount is expected to cover the cost of clothing needed in the investigations unit (sport coats, crime scene clothes, etc.), accessories and uniform footwear. • Traffic Lieutenants assigned to motorcycles shall be paid up to $325 per calendar year. This amount is expected to cover the cost of required footwear, clothing, accessories, and eye protection. • All other employees will be paid up to $200 per calendar year. This amount is expected to cover the cost of accessories, footwear, and other items of clothing needed in uniform service. If an employee is transferred to CIS during a calendar year, the combined total reimbursement is capped at $600 for that year, regardless of whether the employee used some allowance funds earlier in the year. Likewise the total reimbursable expense is capped at $325 for new motorcycle Lieutenants. Employees must retain receipts of purchased items and submit the receipts collectively to the City for reimbursement one time per calendar year at any time during the year but no later than December 31. The City will reimburse each employee once annually up to the maximum allowed amount(s) as outlined above. As used in this Section, "accessories" include the following items. Nothing prohibits the City and the Association from modifying this list through written agreement. • T-shirts (black or white) • Turtleneck shirt & mock turtle neck shirt (plain black, "FWPD" embroidery is optional) • Socks (black) • Baseball caps (with FWPD mini -patch) • Watch cap (with FWPD mini -patch) • Nylon web gear • "Comfort Fit" Belt System • Handcuffs (nickel -plate or black finish) • Metal baton LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 121 • Min; -flashlight • Mini -flashlight pouch/holder • Key Holder • Latex glove holder • Radio earpiece • Folding knife (no more than 4" blade length) • Patrol bag/Carry case • External Armor Carrier (see MOS 41.35D External Body Armor Specs) • Suspenders for duty belt • Holsters (must comply with department specifications for either uniform or plain clothes on -duty use) • Firearms (must comply with department specifications for either uniform or plain clothes on -duty use) • Sights for firearms (must comply with department specifications for either uniform or plain clothes on -duty use) Section 10. Jury Duty An employee required by law to serve on jury duty shall continue to receive salary for up to eighty (80) hours for each separate occasion the employee is required to serve, shall be relieved of regular duties, and assigned to day shift for the period of time so assigned to jury duty. The fees, exclusive of mileage, paid by the Court for jury duty shall be forwarded to the City. The City shall have the right to request the court to excuse the employee from any or all jury duty if there are circumstances that would make the absence of the employee an undue hardship on the City or other personnel. When an employee is notified to serve on jury duty, he/she will inform his/her immediate supervisor as soon as possible, but not later than two weeks in advance, regarding the dates of absence from regular duties. Lieutenants who have time remaining on their shift at the time of release or dismissal from jury duty shall immediately contact their supervisor to determine whether they should report for duty. Section 11. Defense and Indemnification The City shall provide legal defense and indemnification pursuant to the City Code. Section 1'. Service Leave Members will be provided a one-time accrual of 40 hours (pro -rated for regular part-time employees) of vacation leave after each consecutive 10 year period of continuous employment at the City (i.e. after 10 years, 20 years, 30 years, etc.). LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 122 ARTICLE 11: PRIOHIBITED PRACTICES Section 1. Neither the Association nor the City shall initiate, authorize, or participate in any strike, work stoppage, work slow -down, lock -outs, or any other organized effort that interferes with the efficient operation of the Department. Section 2. Employees covered by this Agreement who engage in any of the actions prohibited in Section 1 above shall be subject to such disciplinary actions as may be determined, up to and including discharge and termination, by the City. The Association agrees that the level of any such disciplinary action issued by the City shall be final and binding, and in no case be construed as a violation by the City of any provision of this Agreement. ARTICLE 12: REDUCTION -IN -FORCE Section 1. Layoff Employee layoffs shall be made on the basis of job performance and seniority. Absent significant and material distinctions in job performance, the employee with the least amount of seniority shall be laid off first. Relative job performance shall be determined on the basis of qualifications and job performance evaluations. Section 2. Recall EmployeeG laid off in accordance with the provisions of this Article will be offered reinstatement into future vacancies of the same classification in the inverse order of layoff, for a period of one year from the date of layoff. An employee that has been laid off must keep the City informed of their current address and phone number. An employee who fails to report for duty within three days of being recalled (or commits to return within three days, even though he/she cannot actually return for up to two calendar weeks due to the requirement to give notice to an interim employer), or who rejects an opportunity for reinstatement, shall be removed from the recall list. ARTICLE 13: DISCIPLINARY INVESTIGATIONS Section 1. Disciplinary Standards No employee shall be subject to discipline except for just cause. An employee who engages in off-duty misconduct may be subject to discipline when: (1) the off-duty misconduct, if known, would harm the City's reputation in the community; (2) the off-duty conduct materially affects the employer's business operation; or (3) the conduct is inconsistent with the office that the police lieutenant holds. Section 2. Disciplinary Investislations In criminal matters, an employee shall be afforded those constitutional rights available to any citizen. In administrative matters relating to job performance, the LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 123 following guidelines shall be follows - a. "Interrogation" as used herein shall mean any questioning by an agent of the City who is conducting an investigation (as opposed to a routine inquiry) of the employee being interrogated, when the agent knows (or reasonably should know) that the questioning could result in employee discipline. b. Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him/her of the matter. Nothing herein shall operate as a waiver of the Association's right to request bargaining information. C. Any interrogation of an employee shall be at a reasonable hour, preferably when the employee is on duty, unless the exigencies of the investigation dictate otherwise. d. Any interrogation shall take place at the City Police Department, except when impractical. The employee shall be advised of their right to and shall be allowed that Association representation to the extent allowed by the law. e. The questioning shall not be overly long and the employee shall be entitled to such intermissions as are reasonably necessary. f. The employee shall not be subjected to any offensive language or abusive questioning, nor shall he/she be threatened with dismissal, transfer or other disciplinary punishment as a guise to attempt to obtain his/her resignation. g. The Employer shall not require any employee covered by this Agreement to take or be subjected to a lie detector test as a condition of continued employment. Nor shall polygraph evidence of any kind be admissible in disciplinary proceedings, except by stipulation of the parties to this Agreement. h. The Department may, and upon request will, tape record any interrogation. Upon request, a copy of the tape/transcript (if made) will be provided to the lieutenant. ARTICLE 14: GRIEVANCE PROCEDURE Section 1. Grievance Procedure Steps a. Any grievance that may arise between parties concerning the application, meaning, or interpretation of this Agreement, shall be LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 124 settled in the manner prescribed by this grievance procedure. b. A "Grievance" is defined as a claim or dispute by an employee, group of employees, or the Association concerning the interpretation or application of the provisions of this Agreement. Nothing in this procedure shall prohibit an employee from discussing a complaint directly with his supervisor or department head without representation by the Association, as provided by State Law. C. Should a subject for claim or dispute arise, there shall be no stoppage of work by employees, but an earnest effort shall be made to settle such claims or disputes promptly and in the manner hereinafter outlined. Step 1 An employee or a group of employees claiming to have a grievance shall discuss the complaint with the immediate supervisor within ten (10) calendar days of the alleged occurrence, or when they reasonably should have known -of the alleged occurrence. - Step 2 The supervisor shall attempt informal resolution of the grievance within seven (7) calendar days after it is presented. Step 3 Provided the grievance is not settled satisfactorily at step 2, it may be presented to the Police Chief (or designee) by the Association within seven (7) calendar days of the supervisor's response or the expiration of the time limit in step 2. The submission shall be in writing, setting forth the nature of the grievance, the articles of this agreement allegedly violated, and the requested remedy. Step 4 The Police Chief or designee shall attempt to settle the grievance within ten (10) calendar days,after it has been presented, and shall respond in writing. Step 5 If the grievance is not settled by the Police Chief within the time allowed, it may be presented in writing to the City Manager, with a copy to the Director of Human Resources, by the Association within seven (7) calendar days of the Police Chief's response or the expiration of the time limit in step 4. Step 6 The Mayor shall have fourteen (14) days to review the grievance. If the Mayor does not respond or otherwise settle the grievance within the fourteen -day period, the grievance shall be automatically advanced to Step 7, LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 125 and shall not be forfeited by either party. Step 7 a. If the grievance is not settled at Step 6, and involves a matter other than discipline, the dispute will be referred to the negotiating committee of both parties. The two committees shall meet within ten (10) calendar days to consider the dispute. At that meeting, all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. If no satisfactory solution is reached in this step, the matter may be submitted in writing to arbitration within 30 calendar days of the conciliation meeting. b. If the grievance is not settled at Step 6 and involves discipline other than an oral or written warning, the matter may be submitted, in writing, to arbitration within thirty (30) calendar days of the date that the City Manager's review is due. Oral and written warnings may only be grieved through step 6 of this procedure. However, if the City attempts to introduce prior oral or written warnings in a subsequent discipline case that is subject to arbitration, the City shall be required to prove that it had just cause to issue those prior oral or written warnings as well as the instant discipline. Section 2, Arbitration Panel The City and the Association shall try to agree upon a mutually acceptable arbiter. If the parties fail to agree, they shall request a list of seven (7) arbiters from the Federal Mediation and Conciliation Service, with all arbiters being members of the National Academy of Arbitrators. The parties shall alternatively strike from the list until only one name remains. The decision of the Arbitrator shall be final and binding on the parties. a. The Arbitrator shall make his/her own rules of procedure. The Arbitrator shall have no authority to amend, alter, or modify this Agreement or its terms, and shall limit his/her decision solely to the interpretation and application of this Agreement. b. Each grievance or dispute will be submitted separately except when the City and the Lieutenant Association mutually agree to have more than one grievance or dispute submitted to the Arbitrator. C. The losing party shall bear the expense of the Arbitrator. The losing party shall be denominated in the award. When there is no winning party, the cost of the Arbiter shall be borne equally by the parties. All other costs and expenses will be paid by the party incurring them, including costs of representation. LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 126 d. The Arbitrator shall have thirty (30) days from the close of the hearing to issue an award. Section 3. Time Limits Time limits will be strictly adhered to, but may be extended by mutual written agreement upon reasonable request, except for situations where no timely grievance is filed. While forfeiture under this clause will finally resolve the matter in dispute, it will not establish a precedent between the parties on issues of contractual interpretation. Section 4. Multiple Procedures In the case of disciplinary actions, both appealable to the Civil Service Commission and grievable under the terms of this contract, a written election of remedies shall be made after receipt of the Step 6 response. An employee may elect to either pursue an appeal to the Civil Service Commission or continue with the contractual grievance procedure, but not both. If mutually agreed, time limits will be extended to complete a reasonable investigation before the selection of remedies is made. An appeal will be timely under the Civil Service rules if it is filed within ten (10) days of the completion of step 6 of the grievance procedure. Section 5. Step 3 Submission In those instances where disciplinary action is based on reasonable evidence of the commission of a crime, or the proposed discipline involves suspension or termination of the employee, Step 3 of the Grievance Procedure will be initiated immediately. Section 6. Just Cause Standard No employee may be discharged, suspended without pay, demoted (except as provided below) or disciplined in any way except for just cause. The City may withhold a step increase, for a specified period of time, if it has just cause. Section 7. Probationary Period All newly promoted employees must serve a probationary period. The probationary period upon promotion shall be one year from the date of appointment. The probationary period shall be extended for the number of work days equal to the number of work days an employee was absent in excess of 10 work days during the probationary period; provided that the taking of scheduled and approved vacation shall not be counted toward the ten day period for promotional probationers. The probationary period is an extension of the promotional process; therefore, the provisions of this Article will not apply to employees if they are demoted during the promotional probationary period for not meeting the requirements of the classification. Grievances brought by probationary employees involving issues other than demotion may be processed in accordance with this Article. LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 127 Section 8. Parties to the Agreement In as much as this is an agreement between the City and the Association, no individual emplo;,ee may make use of the provisions of this Article, except as expressly provided above. ARTICLE 15: NONDISCRIMINATION The Employer and the Association shall not unlawfully discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of race, color, religion, national origin, age, sex, or disability. Claims of unlawful discrimination shall not be processed in accordance with the grievance procedure denominated herein. The Employer and the Association agree that they will cooperate in complying with the Americans with Disabilities Act. ARTICLE 16: DRUG TESTING Section 1. Reporting to work under the influence of alcohol and/or illegal drugs, or the use, sale, or possession by an employee of illegal drugs is strictly prohibited and will result in disciplinary action, including immediate termination. For the purpose of this policy, substances that require a prescription or other written approval from a licensed physician or dentist for their use shall also be included when used other than as prescribed. Each employee must advise the Employer if they are using prescription or other over-the-counter drugs they know or reasonably should know may impair their ability to perform job functions and/or operate machinery such as automobiles. Under appropriate circumstances the Employer may request the employee to provide written medical authorization from a physician to perform various essential job functions while using such drugs. Any voluntary request by an employee for assistance with his/her own alcohol abuse problem will remain confidential and shall not be used as the basis for any disciplinary action provided that the request for assistance is initiated prior to being identified as impaired through the procedures herein. The parties recognize the essential purpose of any law enforcement agency is to enforce the criminal laws. Moreover, the parties recognize the courts have held it would substantially impair law enforcement agencies if they were required to employ individuals within their ranks who have violated the very laws said agencies are charged with enforcing. Therefore, the Employer reserves the right to refuse to employ or continue the employment of individuals who are or have been engaged in serious criminal conduct, kvhether drug related or not. Section 2, Where a supervisory employee of the City has a reasonable suspicion to believe an employee is under the influence of alcohol or illegal drugs, or is abusing the use of prescription or over-the-counter drugs, or is using illegal drugs, the LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 128 employee in question will be asked to submit to discovery testing. Such tests include breath tests, urinalysis and/or blood screens to identify any involvement with alcohol or such drugs. An employee who refuses to submit to discovery testing for alcohol and/or illegal drugs shall be conclusively presumed to be under the influence of alcohol or an illegal drug -for the purpose of administering this Article, and therefore will be subject to discipline, including immediate discharge. Section 3. For the purpose of administering this Article the following definition of terms is provided: a. Reasonable Suspicion Reasonable suspicion is based on specific objective facts and reasonable inferences from those facts, that discovery testing will produce evidence of a violation of this policy; b. Under the Influence In determining whether an employee is under the influence, the following cutoff levels shall be used for the initial screening of specimens to determine whether they are negative for these drugs or classes of drugs: (Nanograms per milliliter) (ng/ml) Test Level Amphetamines...............................................................................................1000 Barbiturates...................................................................................................... 300 Benzodiazepines..............................................................................................300 Cannabinoids...................................................................................................100 Cocainemetabolites.........................................................................................300 Methadone.......................................................................................................300 Methaqualone......................................................................... ............300 Opiates(Codeine).................................................................. ......................300 Opiates(Morphine)..........................................................................................300 Phencyclidine(PCP)..........................................................................................25 Propoxyphene..................................................................................................300 Level of the positive result for alcohol ...................................... 0.04 blood alcohol C. Ille. al Drugs All forms of narcotics, depressants, stimulants, hallucinogens, and cannabis, for which sale, purchase, transfer, or unauthorized use or possession is prohibited or restricted by law. d. Over -the -Counter DrUgS Are those drugs that are generally available without a prescription and are limited to those drugs that are capable of impairing the judgment of an employee to safely perform the employee's duties. LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 129 e. Prescription Drugs All drugs that are used in the course of medical treatment and have been prescribed and authorized for use by a licensed practitioner/physician or dentist. Section 4. If an employee is required to submit to a drug test, the following procedure shall be followed: a. The employee shall be given notice of an opportunity to confer with an Association representative, if one is readily available. b. The employee shall be given an opportunity to explain the reasons for the ;employee's condition, such as reaction to a prescribed drug, fatigue, exposure to toxic substances, or any other reasons known to employee, to the test administrator. The Association representative may be present during this discussion. C. The Employer may request urine and/or blood samples. d. Urine and blood samples shall be collected at a local laboratory, hospital or medical facility. The Employer shall transport the employee to the collection site. The Employer and/or Association representative may be allowed to accompany the employee to the collection site and observe the bottling and sealing of the specimen. The employee shall not be observed by the Employer when the urine specimen is given. e. All specimen containers, vials, and bags used to transport the specimen, shall be sealed to safeguard their integrity (upon request, in the presence of the Employer, employee and Association representative) and proper chain -of -custody procedures shall be followed. The collection of the samples shall be performed at CHEC Medical Center and the testing at Drug Proof, or at another collection center or laboratory mutually agreed to by the parties. The results of such tests shall be made available to the Employer and the Association. g. If a specimen tests positive in an immunoassay screen test, the results must be confirmed by a gas chromatography/mass spectrometry tests. The specimen must show positive results at/within the following limits on the GC/MS (gas chromatography/mass spectrometry) confirmatory test to be considered positive: h. If immunoassay is specific for free morphine, the initial test level is 25 ng/ml. LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 130 Section 5. Confirmatory Test Marijuana metabolites..............................................................................15 ng/ml Cocaine metabolites...............................................................................150 ng/ml Opiates Morphine.....................................................................................300 ng/ml Codeine.......................................................................................300 ng/ml Phencyclidine...........................................................................................25 ng/ml Amphetamines Amphetamine ................... ng /ml n /m Methamphetamine.....................................................................500 ng/ml Section 6. At the employee's or the Association's option, a sample of the specimen may be requisitioned and sent to a laboratory chosen by the Association for testing. The cost of this test will be paid by the Association or the employee. Failure to exercise this option may not be considered as evidence in an arbitration or other proceeding concerning the drug test or its consequences. The results of this second test shall be provided to the City. Section 7. The employee and the Association (upon consent of the employee) shall be informed of the results of all tests, and provided with all documentation regarding the tests as soon as the test results are available. Such disclosure shall be in conformance with the Americans with Disabilities Act. Section 8. The parties designate the Medical Review Officers (MRO) provided by AWC to review all confirmed positive test results and communicate those results to the Employer. An MRO shall have the responsibility to determine when an individual has failed a drug test in accordance with the standards enumerated herein. The MRO shall retain all records of all positive tests for at least five years and records of all negative tests for at least one year. Section 9. If the results of the drug test are positive, and support a conclusion that the employee used an illegal drug, abused the use of a prescription or over-the- counter drug, or reported to work while under the influence of alcohol, the employee shall be subject to discipline, including immediate discharge. ARTICLE 17: SENIORITY The term seniority as used in this Agreement will be defined as total service as a police lieutenant from date of promotion and/or appointment. If lieutenants are promoted on the same date then the total years of service as a commissioned police officer in any state will be utilized to determine seniority. LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 131 ARTICLE 18: SAVINGS CLAUSE Should any provision of this Agreement be rendered or declared invalid by reason of any eX isting or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, such invalidation shall not invalidate the remaining portions hereof; provided, however, upon such invalidation the parties agree to meet and negotiate the affected provision(s). The remaining provisions shall remain in full force and effect. ARTICLE 19: WAIVER CLAUSE The parties acknowledge that each has had the unlimited right within the law and the opportunity to make demands and proposals with respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Association, for the duration of this Agreement, each agree to waive the right to oblige the other party to bargain with respect to any subject or matter not specifically referred to or covered in this Agreement. ARTICLE 20: DURATION This agreement shall be effective until December 31, 2021. Except as otherwise provided by the express terms of this Agreement, all terms and conditions of this agreement shall become effective on the date of signing. DATED this day of 12019. CITY OF FEDERAL WAY: FEDERAL WAY POLICE LIEUTENANT ASSOCIATION: Jim Ferrell, Mayor Association President, Raymond Bunk Approved as to form City Attorney, J. Ryan Call LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 132 APPENDIX A WAGES See Article 6, Section 1 for Differential Formula The following wage adjustments apply to the currently employed Lieutenants as of ratification, and will be retroactive to January 1, 2019. Step A Step B Step C $9,026 $9,676 $10,373 The following wage adjustments will be effective January 1, 2020 to currently employed Lieutenants. Step A Step B Step C $9,116 $9,772 $10,476 The following wage adjustments will be effective July 1, 2020 to currently employed Lieutenants. Step A Step B Step C $9,298 $9,967 $10,685 The following wage adjustments will be effective January 1, 2021 to currently employed Lieutenants. Step A Step B I Step C .$9,390 $10,066 $10,791 The following wage adjustments will be effective July 1, 2021 to currently employed Lieutenants. Step A Step B Step C $9,578 $10,268 $11,007 DEFERRED COMPENSATION: Effective January 1, 2020, the City shall maintain a qualified deferred compensation program, requiring the City to match monthly contributions made by bargaining unit employees up to a maximum City contribution of one (1) percent of the employee's base rate of pay. Effective January 1, 2021 the City match will increase to a maximum of two (2) percent of the employee's base rate of pay. LIEUTENANT ASSOCIATION COLLECTIVE BARGAINING AGREEMENT 2019-2021 Page 133 OUNCIL MEETING DATE: September 3, 2019 ITEM ii: 6c CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CIVIL ACTION TO COLLECT MONEY FROM RENTAL AGREEMENTS POLICY QUESTION: Should the City initiate a civil action to collect money the Tacoma City Ballet owes the City for rental services rendered and repayment of excess ticket revenue? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: J. Ran Call, C�Attorney_ _ DEPT: Law y _ Attachments: Staff Report Options Considered: 1. Authorize legal action 2. Do not approve legal action and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: N/A $ r A DIRECTOR APPROVAL: C 312,111q Committee uuuci Initial/Date Initial/Date. Initial/Date COMMITTEE RECOMMENDATION: n/a. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize filing the proposed civil action. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: September 3, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: J. Ryan Call, City Attorney O*G SUBJECT: Dispute of theater rental agreements Financial Impacts: The City Attorney's office plans to handle this matter in-house. As such, the expected costs to the City for prosecuting this matter in court will consist of court fees, staff time, and miscellaneous supplies for which we have budgeted. Backat-ound Information: The Tacoma City Ballet ("Ballet") entered into rental agreements with the City for two events during its 2017-18 season. The Ballet now disputes the amount it owes the City as a result of those agreements and offered to pay only a small portion of their liabilities. After prolonged negotiations that have not yielded an acceptable resolution to this dispute, the City's recourse is to file a legal action to enforce the agreements and collect the money owed. Rev. 7/18