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HomeMy WebLinkAbout10/12/2010 - City Council - City Council Meeting Agenda Packet• E • CITY OF EAST WENATCHEE REGULAR COUNCIL MEETING AGENDA OCTOBER 12, 2010 6:30 P.M. REVISED ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS BUDGET ISSUES Finance Director Nick Gerde — Budget Committee Report DEPARTMENT REPORTS MAYOR'S REPORT CONSENT CALENDAR 1. Consideration of Minutes — Regular Session, September 28, 2010 2. Consideration of Payables and Payroll ACTION ITEMS 3. 10-10-01 Range Use Agreement. (Randy Harrison, Police Chief) 4. 10-10-02 Interlocal Agreement regarding a Video Arraignment system. (Devin Poulson, City Attorney) 5. 10-10-03 Separation Agreement. (Devin Poulson, City Attorney) 6. 10-10-04 Employment Contract with City Engineer. (Steven C. Lacy, Mayor) COUNCIL REPORTS ADJOURNMENT In compliance ivith the Americans with Disabilities Act, if _vott need special assistance to participate in this meeting, please contact the City Clerk at 509-884-9515. Notification 48 hours prior to the meeting will enable the Cit;v to make reasonable arrangements to ensure accessibility to this meeting. Page 1 of 1 • CITY OF EAST WENATCHEE REGULAR COUNCIL MEETING AGENDA OCTOBER 26, 2010 6:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS BUDGET ISSUES Finance Director Nick Gerde — Budget Committee Report DEPARTMENT REPORTS MAYOR'S REPORT CONSENT CALENDAR 1. Consideration of Minutes — Regular Session, September 28, 2010 2. Consideration of Payables and Payroll ACTION ITEMS 3. 10-10-01 Range Use Agreement. (Randy Harrison, Police Chief) 4. 10-10-02 Interlocal Agreement regarding a Video Arraignment system. (Devin Poulson, City Attorney) 5. 10-10-03 Separation Agreement. (Devin Poulson, City Attorney) 6. 10-10-04 Employment Contract with City Engineer. (Steven C. Lacy, Mayor) COUNCIL REPORTS ADJOURNMENT In compliance with the 41nericans iWth Disabilities Oct, ifyou need special assistance to participate in this nneeting� please contact the Cite Clerk at 09-884-951 J. Notification 48 hours prior to the meeting frill enable the Cilp to make recuonable arrangements to ensure accessibility to this meeting Page 1 of I • . CITY OF EAST WENATCHEE, WASHINGTON REGULAR SESSION OF THE CITY COUNCIL CONVENED MAYOR STEVEN C. LACY, PRESIDING SEPTEMBER 28, 2010 6:30 P.M. ROLL CALL Mayor Steven Lacy Councilmember Dennis Hendricks - Excused Councilmember Sandra McCourt Councilmember Wayne Barnhart Councilmember Dave Bremmer Councilmember Chuck Johnson Councilmember Harry Raab Councilmember George Buckner EMPLOYEES IN ATTENDANCE City Clerk Dana Barnard City Attorney Devin Poulson Community Development Director Lori Barnett City Treasurer/Finance Director Nick Gerde • City Engineer Don McGahuey PLEDGE OF ALLEGIANCE PUBLIC COMMENTS Don Spiro, 525 NE 15`h St, East Wenatchee, said that on October 12, 2008, he had brought in a petition that had been signed by residents living on 15`h Street, asking that 15`h street be repaired and nothing has been done and he would like to get an answer. Mayor Lacy said he would take a look at where this project is in terms of a scheduled completion date with the Street Department. He added that he would ensure that Mr. Spiro is better informed on when the project will be scheduled for completion. Bill Whitlow, 748 Highline Drive, East Wenatchee, owner of Grey Goat Fit (GG), asked Council to consider a proposal regarding utilization of the sprint boat location in off season which advocates for the City of East Wenatchee to work in conjunction with the property owner, Mr. Vickery, to make use of that property and consider it for development of a cycling activity area for the community. Mayor Lacy said the city's involvement in that property is solely as a lessee for purposes of holding the sprint boat event and does not have any control over the use of that property during the off season. Mayor Lacy suggested Mr. Whitlow speak to Mr. Vickery about this proposal. Don Person, 14 Fraley Lane, East Wenatchee, with Evergreen Bicycle Alliance, said creating opportunities for recreational activities on public land is important and would benefit the community. 0 CITY OF EAST WENATCHEE COUNCIL MINUTES SEPTEMBER 28, 2010 10 Doug Pauly, General Manger of Northern Fruit Company in East Wenatchee, expressed his concern • regarding the discussion during the Apple Capital Loop Trail Study Session to develop a proposed alternative for the Apple Capital Loop Trail and riverfront corridor as it relates to the proposed Washington State Department of Transportation (WSDOT) right of way surplus project. He asked Council to consider taking public comment prior to submitting a formal letter to Senator Linda Evans- Parlette telling them to surplus the property. BUDGET ISSUES City Treasurer/Finance Director Nick Gerde submitted the preliminary budget proposal for 2011 and proposed financial schedules as required by State Law. He said the Department Heads met with the Budget Committee to review their proposed budgets and answer questions. He added he will be scheduling a workshop with all Councilmembers and Department Heads. Mayor Lacy said this year they are taking a new approach trying to refine the budget process. He stated that he would be weighing in with a more specific preliminary budget that will contain specific proposals or recommendations that he is making. He said referring to the Preliminary Budget Message letter for 2011, that the City's cash position at the end of 2010 is expected to be just shy of $2,000,000, an increase of nearly $310,000 for the year. DEPARTMENT REPORT Events Department Events Coordinator Dawn Collings gave an update of activities that will take place during the annual Wings and Wheels Festival. • Ms. Collings gave a review of the September 4th Sprint Boat event. She said while the city's investment may jump out, what should be noted is the community's in -kind and cash investment of over $2,000. Ms. Collings said the majority of the losses from this first race came from the up -front, one-time costs of building the course. She said, "now that it's done, all we have to do is hold another race." Mayor Steve Lacy commended Ms. Collings, city staff and the Thunder Swamp committee for putting on the inaugural race with only six weeks notice once they got the final go-ahead from Douglas County. Two races are being planned on the site near Pangborn Memorial Airport in 2011. MAYOR'S REPORT Mayor Lacy said there will be seven delegates visiting from Misawa to attend the Wings & Wheels festival. He said there will be a welcome reception held at City Hall on Thursday, September 30, 2010. He added that the farewell dinner will be at his home on Sunday September 3, 2010, at 5:30 p.m. Mayor Lacy asked Councilmembers to consider what type of conferences and classes they would be interested in taking in 2011 so that a recommendation can be made to increase the legislative training budget for 2011. Mayor Lacy said the City received a request from the Port of Douglas County Board of Commissioners to meet with the City Council to discuss .economic development. Council said they would like to set a meeting for a Thursday evening to focus on the economic development issue and have a discussion without adding this time on to a regular Council meeting. • CITY OF EAST WENATCHEE COUNCIL MINUTES SEPTEMBER 28, 2010 • Mayor Lacy said the City's contract with Waste Management will expire December 2010. He said he had received a letter from Waste Management on August 10, 2010, stating that Waste Management has submitted a filing to the Washington Utilities & Transportation Commission for residential voluntary, subscription for yard debris collection service in the urban growth area. He added Waste Management would like the City to consider adding this service when the new contract is negotiated. However, he believes that this will be an added fee to the consumer that is now a free service. Mayor Lacy informed Council of the results from the Public Employees Relations Commission (PERC). The result is from the arbitration that was held specifically to rule on the City's position that East Wenatchee Events Coordinator Dawn Collings, and Executive Secretary Teresa Allen, should not be considered qualified for the union membership. The City's argument was that Ms. Allen is a confidential employee, therefore, should be considered a non -union member and that Ms. Collings was a department head, and the PERC agreed with respect to Ms. Allen and disagreed with respect to Ms. Collings and as it stands, Ms. Collings would be back into the union contract. Mayor Lacy said he supported Douglas County Commissioner Ken Stanton's position regarding the Apple Capital Loop Trail Study Session to develop a proposed alternative for the Apple Capital Loop Trail. Commissioner Stanton recommended going 50 ft. east of the trail and let WSDOT surplus anything east of that line. Anything west of that line would be retained as a transportation corridor, a non - motorized transportation corridor, and rather than surplus the property in whole, do it in smaller parts in consideration of future needs. He proposed that with approval from Council regarding the recommendation by Commissioner Stanton, Council would have to approve the specific language of a joint letter between the City and the County. Hearing no objection from Council he asked Community Development Director to develop a joint letter with Douglas County. • CONSENT CALENDAR Items listed below were distributed to Councilmember's in advance for study and were enacted in one motion. Council Action: A motion was made by Councilmember Johnson, second by Councilmember Raab to approve the consent calendar as presented. The motion carried, 6-0. 1. Consideration of Minutes — Regular Session, September 14, 2010 2. Consideration of Payables i. 2010 Payables — As of this date, September 28, 2010, Council does approve check numbers 31257 though 31330 in the total amount of $161,085.25. Payable checks 31180, 30286, 30917, and 30919 through 30931 were voided. ACTION ITEMS 10-09-03 Reclamation Bridge — Historical Sign. Presented by City Engineer Don McGahuey. Council Action: A motion was made by Councilmember Johnson, second by Councilmember Barnhart to authorize the purchase of the historical sign for the Reclamation Bridge, not to exceed $500. The motion carried, 6-0. • 10-09-04 Canyon A Stormwater System — Project Acceptance. CITY OF EAST WENATCHEE COUNCIL MINUTES SEPTEMBER 28, 2010 Presented by City Engineer Don McGahuey. • Council Action: A motion was made by Councilmember Johnson, second by Councilmember Bremmer to accept the design work completed by RH2 Engineering on behalf of the City of East Wenatchee funded by Public Works Trust Fund Loan PR07- 951-002. The motion carried, 6-0. RESOLUTION 10-09-02 A resolution adopting the change in the City's Medical Insurance Plan to AWC Health First, effective January 1, 2011. Presented by Finance Director Nick Gerde. RESOLUTION NO.2010-09 A RESOLUTION OF THE CITY OF EAST WENATCHEE, WASHINGTON, ADOPTING THE CHANGE IN MEDICAL INSURANCE PLANS TO THE AWC HEALTHFIRST PLAN. Council Action: A motion was made by Councilmember Barnhart, second by Councilmember Johnson, to adopt the resolution adopting a change in the medical insurance plans to the AWC Health First Plan. The motion carried, 6-0. COUNCIL REPORTS • The following reports/minutes were submitted in writing prior to the City Council meeting. • Councilmember McCourt — Chelan — Douglas Health District, Board of Health meeting minutes from August 16, 2010. ADJOURNMENT 8:20 p.m. Dana Barnard City Clerk n U 4 r I. i CITY OF EAST WENATCHEE CHECK REGISTER 2010 PAYABLES COUNCIL DATE: October 12, 2010 'HECK NUMBERS: 331390-31444 OIDED CHECKS: 31387 DEPARTMENT/FUND ACCOUNT NUMBER AMOUNT -------------------- 0.00 21,376.83 --------------- - Current Expense Fund: - General Government Department 001 000 000 001 000 001 Legislative Department 001 000 110 Municipal Court Department 001 000 120 9,422.36 City Clerk Department 001 000 140 - Internal Services Department 001 000 141 2,000.00 Finance Department 001 000 142 - 001000 145 83.34 Legal Services 001 000 151 - 001 000 160 - 001000 180 654.86 Police Department 001 000 210 13,379.87 Detention (Jail Services) 001 000 230 71.73 001 000 250 - Storm Water Utility 050 000 310- 050 000 315 32,430.00 City Engineer Department 001 000 315 - Engineering Services 001 000 320 - Planning Department 001 000 580 - Code Compliance Department 001 000 590 4,075.00 gency Disbursements 001 001 000 8,532.16 Trent Expense Fund Total 92,026.15 Street Fund. Street Maintenance 101 000 420 7,431.32 Street Administration 101 000 430 1,576.44 Street Construction 101 000 950 - Street Fund Total 9,007.76 Other Funds: Fund Comm Devel Grants Fund 102 000 000 0.00 Library Fund 112 000 000 50.06 Hotel/Motel Tax Fund 113 000 000 4,732.05 Drug Fund 114 000 000 3,924.29 Criminal Justice Fund 116 000 000 4,355.70 East Wenatchee Events Board 117 000 000 4,227.34 10,356.27 EWEB Sprint Boat Race 117 000 530 Street Improvement Fund 301 000 000 23,329.04 Capital Improvement Fund 314 000 000 Other Funds Total 50,974.75 Pre Pay Totals Grand Total All Funds 152.008.66 0 0 _ I Fund Transaction Summary Invoice !Fund Number A1111111111111ilillWescription .4 001-000-001 Sub -Department $21,376.83 001-000-120 Sub -Department $9,422.36 001-000-141 Sub -Department $2,000.00 001-000-145 Sub -Department $83.34 001-000-180 Sub -Department $654.86 001-000-210 Sub -Department $13,379.87 001-000-230 Sub -Department $71.73 001-000-590 Sub -Department $4,075.00 001-001-000 Department $8,532.16 050-000-312 Sub -Department $30,808.50 050-000-313 Sub -Department $1,621.50 101-000-420 Sub -Department $7,431.32 101-000-430 Sub -Department $1,576.44 112-000-000 Library Fund $50.06 113-000-000 Stadium Fund $4,732.05 114-000-000 Drug Fund $3,924.29 116-000-000 Criminal Justice Fund $4,355.70 117-000-115 Sub -Department $54.11 117-000-400 Sub -Department $4,173.23 117-000-530 Sub -Department $10,356.27 301-000-000 Street Improvement Fund $23,329.04 Count: 21 $152,008.66 0 Execution Time: 3 second(s) Printed by EASTWENATCHEE\tallen on 10/6/2010 Page 1 of 1 1:46:58 PM U :7 U C • O O O O Ui In to In M Cl) Cl) Cl) O O O O t0 t0 LO LO il� r- O O LO Lf) M M 00 00 00 00 00 00 O t0 t0 N N N (0 N Ui In M M CY) m O t0 (,- r- 00 00 .--� (0 t0 t0 t0 00 00 00 00 di to C C 00 00 M t`9 Mcli ER !i> tR to E9 eH b9 fR fR tR EH b9 � � � a to 07 N C m � � 0) U c0 (n V' - U V) O O >L > \ LL 06 C .� « m Nca CD CD (1) N O NU Cn LL > - L d � 0) C a) C�C C ui LU = y U o 0 O N r rne- v CL O o0 O mo z p C CA O) N O O O « V y0 O UO O w.0 OO L 0) Q •0+)M�L N Cl) � N d0) a. .aa � N��� LU L? cU') Nr LO � Co N wLo N Qj w. 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CD CD 6Fi 69 69 VT M Cl) EA 69 64H 649. U) 4) a a U) • 4) U C f0 C 4) C cu 2 06 (n d (2) ly- 2 .r a O O CD N O O TO O 'D O y — ��- OM H� if ) LO to O E ti r- y cn CNJL :2 L O � 0) L N ON C OM � it V N 0 CO O C O —O 07O L tl1 0 .50 07 0 }, CD4 O O N O y 0 C1� LC) cp O� d� N M O CD v o 0 o O NG CD CD C.)O CD In 11i MCO O ti O r- 0� O O H o H O f- 0 1- • c0 00 LO W) M Cl) !D O O 10 tD pl ti cD 'IT Nr Cl) Cl) 1-_ ti O bq 69 EA 69 6R 69 N LO 61% C (0 (0 7 7 0 0 m L ca co ii U U `m O V 0 O O O O O � � O (L) O y 0 N f) O 2 O p� CL to p� LO n.0) y O y O a aN V O V O 0) O 0) O co — V) yCDO CDy O w 00 0) w _ to C tD M 00 T 7 1- cb o 0 U O n tf ) CDc0 L O O O 0 0o F- c FO- > O 0 0) F- x o 0 I- 0 I N m a_ d c O v V) ate.+ C E F- C O u x x w 0 4b, 44w ,w w L El 0 INfil ::��%,_���,� �1,1/off 4 • CITY OF EAST WENATCHIFIF FINANCE DIRECTOR 271 9TH STREET NE • EAST WENATCHEE, WA 98802 PHONE (509) 886-4507 • FAx (509) 886-6109 October 5, 2010 To: 2011 Budget Committee From: Nick Gerde, Finance Director Subject: Budget Recommendations for your Review This Budget Commttee Meeting will include deliberation of the following: 1. Property Tax Levy Calculation and Request Approval for Council Consideration; Council will consider this issue on October 26'h in a Public Hearing context and for a Council vote on November 9, 2010, unless accelerated. • 2. Business Licence Fee Increase Proposal for 2011; Approved for consideration by Council. A draft ordinance will be presented at a later Council meeting. 3. Proposal for Vacation Accrual Change; Budget Committee consensus to move forward as a change to the Manual of Personnel Policies and Procedures. 4. Proposal for Change in LTD Insurance and Additions of Life Insurance Benefit; Budget Committee consensus to include in the next preliminary budget. 5. Compensation Evaluation for Non -Bargaining and Non -Contract Employees; Budget Committee consensus to include in the next preliminary budget 6. Compensation Evaluation for Certain Local 846-W Employees; and Budget Committee consensus to include in the next preliminary budget 7. Financial Impact of Proposals on the Preliminary Budget. 8. Vendor Trailer for City Events. Budget Committee consensus to include in the next preliminary budget • NAG 10/5/2010 EAST WENATCHEE CITY COUNCIL 271 9t' St. NE, East Wenatchee, WA 98802 Phone: 509.884.9515 Fax: 509.886.6233 October 12, 2010 Senator Linda Evans Parlette 415 Legislative Building PO Box 40412 Olympia, WA 98504-0412 \ Cbt 1HK3 DOUGLAS COUNTY COMMISSIONERS P. O. Box 747, Waterville, WA 98858-0747 Phone: 509.745.8537 Fax: 509.745.9045 RE: WSDOT right-of-way surplus process Dear Senator Parlette: This letter is a follow-up to previous correspondence regarding the potential surplus of Washington State Department of Transportation (WSDOT) right-of-way along the east • bank of the Columbia River in the East Wenatchee area. To address your request, and to provide guidance to WSDOT and the Legislature, this letter provides the recommendation of the City of East Wenatchee and Douglas County with regards to this surplus process. You may recall from the results of the "More Than a Trail" project and the comments expressed at the November 15, 2007 meeting, the overriding local sentiment is that this community places the highest value on this transportation resource. This corridor provides a parallel route to SR 28 - keeping the non -motorized traffic off of that busy arterial. The loss of a significant portion of the right-of-way for this corridor would be deleterious to potential transportation infrastructure in the future. As we mentioned in our January 12, 2010 letter, we intended to work on the next stage of planning for the WSDOT/Loop Trail corridor in 2010. Unfortunately, due to financial constraints and limited staff resources this year, a more comprehensive planning effort along that corridor was not possible. The City Council, Mayor and County Commissioners held a study session on September 27, 2010 to develop a proposal to provide you, and WSDOT, with a clear indication of the community sentiment regarding the potential disposal of WSDOT right- of-way. Subsequent to the study session, in response to concerns expressed from various parties, the City Council and the Board of Commissioners have collectively determined that if the state desires to pursue surplus and sale of right-of-way, we would recommend that consideration only be given to that portion of the right-of-way that is October 12, 2010 Page 2 located east of a line 100 feet east of the centerline of the trail. The City and County recommend that all lands between the Columbia River and the line 100 feet east of the trail centerline be retained by WSDOT pending further study in that area. This proposal would provide guidance for a surplus process that would not jeopardize the sustainability of the Apple Capital Loop Trail as a non -motorized transportation facility. Moreover, to provide an opportunity for enhanced public access to the corridor and connectivity between motorized and non -motorized routes, we would like to ensure that additional consideration be given to retaining all WSDOT right-of-way where it intersects with adjacent local streets or right-of-way. The City and County continue to seek opportunities to fund a more specific corridor planning effort for the area proposed to remain in WSDOT ownership. We envision building on the WSDOT record of decision for the SR 28/Sunset Highway corridor to examine improving east -west connections between the non -motorized corridor along the river and Sunset Highway. This will ensure adequate future connections to planned commercial and residential areas. The City Council and Board of Commissioners appreciate your efforts in this process. Very truly yours, CITY OF EAST WENATCHEE DOUGLAS CO. BOARD OF COMMISSIONERS Steven C. Lacy Ken St ton Mayor Chair c: Paula Hammond, Secretary of Transportation Rep. Mike Armstrong Rep. Cary Condotta Dan Sarles, WSDOT Regional Administrator Lori Barnett Mark Kulaas 0 I 0 0 0 CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL COUNCIL AGENDA BILL # 10-10-01 PRESENTER: Randy Harrison POSITION: Police Chief TITLE: Range Use Agreement AGENDA ITEM # 3 AGENDA DATE: October 12, 2010 DEPARTMENT: Law Enforcement BACKGROUND/HISTORY: This Agreement allows for utilization of the North Central Washington Gun Club by the East Wenatchee Police Officers for training and firearm qualifications. EXHIBITS: Agreement RECOMMENDED ACTION: Authorize the Mayor to sign the agreement. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $ N/A $ N/A $ N/A ACTION TAKEN: Motion Made By: er1Ar+ ric5 Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: 1O10 Failed: Second By: )d r n Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 1 of 1 • RANGE USE AGREEMENT 1. PARTIES: The parties to this agreement ("Agreement") are the City of East Wenatchee ("City") and the North Central Washington Gun Club, Inc. ("Gun Club"). a. THE CITY: i. The City of East Wenatchee is a municipal corporation organized according to the laws of the State of Washington. b. THE GUN CLUB: i. The Gun Club is North Central Washington Gun Club, Inc., a non- profit corporation organized according to the laws of the State of Washington. 2. RECITALS: a. The Gun Club owns a firearm range facility located at 2740 Gun Club Road, East Wenatchee. b. The officers of the City's Police Department routinely use the Gun Club facilities for training purposes. c. The City's Police Department has created a firing range on the Gun Club's property that is primarily used by East Wenatchee Police Officers. The area of this firing range is approximately 12,000 square feet. d. To maintain a safe training area and to reduce the risk of fire hazard, the City has used City equipment and employees to apply weed control chemicals to the City's area of use. e. The parties have heretofore proceeded pursuant to a Firearms Use Agreement dated January 1, 2008 having a term commencing January 1 2008 and ending December 31, 2010. f. The parties wish to amend and extend said Firearms Use Agreement pursuant to this Agreement. NOW, THEREFORE, inconsideration of the terms, conditions, covenants, and performance of the scope of work contained herein, as attached and made a part hereof, the City and Gun Club mutually agree as follows. 1. TERM: The term of this Agreement shall be from January 1, 2011 to December 31, 2013. 2. USER FEE: The City agrees to pay the Gun Club a flat fee of $750.00 annually. 3. AUTHORIZED LAW ENFORCEMENT EMPLOYEES: Each year during the term of this Agreement on or before January 31, the City shall supply the Gun Club a list of authorized LEO's. The Gun Club shall issue a LAW ENFORCEMENT MEMBERSHIP CARD (Card) to each authorized LEO of the City. This card entitles each card holder to participate in scheduled firearms training activities at the Gun Club's facility conducted by the East Wenatchee Police Department. 0 • 4. SCHEDULING OF RANGE FACILITIES: Each year on or before January 31, the City shall supply a yearly schedule of dates for intended use. In case of conflicting dates, every effort shall be made to give the City priority and/or an alternative date that is mutually acceptable to the parties. 5. LEO RANGE USE OTHER THAN SCHEDULED EVENTS: Any LEO covered under this agreement may use the range by following the same rules, regulations and policies set forth by the N.C.W. Gun Club for its members. 6. HOLD HARMLESS: The City agrees to defend, indemnify, and hold harmless the Gun Club, its officers, employees, representatives, and agents from and against all claims for bodily or personal injury or property damage resulting from the City's use of the firing range and its performance under this Agreement. 7. ASSIGNMENT: Neither party to the Agreement shall assign this Agreement without the written consent of the other, nor shall the Gun Club assign any monies due or to -become due to the Gun Club hereunder, without the previous written consent of the the City. 8. GENERAL PROVISIONS: a. Governing Law: The laws of the State of Washington govern the interpretation, construction, and enforcement of this Agreement. b. Full Agreement: This Agreement and all attachments form all of the covenants, promises, agreements and conditions, between the parties. All attachments and addendums are incorporated herein by this reference, and shall be a part of such agreement. In the event of discrepancy between the • documents such addendums and attachments shall prevail over the Agreement. This Agreement, including all attachments set forth the relationship between the City and Gun Club and specific obligations of the parties. c. Full Force and Effect: If any provision of this Agreement is declared invalid, the remaining provisions shall remain in full force and effect. d. Survivability: The obligation of the Gun Club under all provisions of this Agreement, which may reasonably be interpreted or construed as surviving the completion, termination, or cancellation of this Agreement, shall survive the completion, termination, or cancelation of this Agreement. e. Executory Use Agreement: This Agreement will be considered valid once signed by both parties. f. Authority: Each individual executing this Agreement on behalf of a party represents and warrants that such individuals are duly authorized to execute and deliver this Agreement. g. Binding Effect: The provisions, covenants, and conditions in this Agreement shall bind the parties, their legal heirs, representatives, successors, and assigns. h. Modification: This agreement constitutes the entire agreement between the parties. Neither party may alter or modify this Agreement without the specific prior written consent of the other party. 0 • • 0 LESSOR: NORTH CENTRAL WASHINGTON GUN CLUB, INC. a Washington Corporation and authorized by Written Board Resolution # 0 Date: M Mike Sprague, Its President Stephen J. Freeman, Its Treasurer Date: LESSEE: CITY OF EAST WENATCHEE a MUNICIPAL CORPORATION am Date: LI-5 Date: Steven C. Lacy, Its Mayor Dana Barnard, Its City Clerk State of Washington County of I certify that I know or have satisfactory evidence that Mike Sprague and Stephen J. Freeman are the persons who appeared before me and said persons acknowledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the president and treasurer of the North Central Washington Gun Club, Inc. to be the free and voluntary act of such party for the uses and purposed mentioned in the instrument. Dated Signature My Appointment Expires • State of Washington County of Douglas I certify that I know or have satisfactory evidence that Steven C. Lacy and Dana Barnard are the persons who appeared before me and said persons acknowledge that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Mayor and City Clerk of East Wenatchee to be free and voluntary act of such party for the uses and purposed mentioned in the instrument. Dated Signature My Appointment Expires r- COUNCIL AGENDA BILL # PRESENTER: POSITION: 40 0 CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 10-10-02 Devin Poulson Citv Attornev AGENDA ITEM # AGENDA DATE: DEPARTMENT: 4 October 12, 2010 Legal TITLE: INTERLOCAL AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF EAST WENATCHEE AND CHELAN COUNTY. BACKGROUND/HISTORY: The City received a $24,000 grant to buy and install videoconferencing equipment at the jail and in the Municipal Court. Since the jail is owned and operated by Chelan County, the City needs its permission to install the equipment at the jail. The attached Agreement specifies the terms under which the City may conduct court hearings from the jail via video. The key feature of the Agreement is that Chelan County has reserved a set time for the City to conduct hearings every day from 8:30 a.m. to 9:30 a.m. EXHIBITS: Interlocal Agreement RECOMMENDED ACTION: Move to authorize the Mayor to execute the Interlocal Agreement. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required $ $ S ACTION TAKEN: Motion Made By: 6a 1r n ka(-4- Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmem er Barnhart Passed: .W o Failed: Second By: , In hv1 15 D '-', Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page I of I • INTERLOCAL AGREEMENT ("AGREEMENT") BETWEEN THE CITY OF EAST WENATCHEE AND CHELAN COUNTY. 1. Parties. The parties to this Agreement are the City of East Wenatchee ("City") and Chelan County. 2. Background. a. The City has received a grant that will cover the costs of the City to installing, operating, and maintaining a video arraignment system at the Chelan County Regional Jail ("Jail"). This system will allow the City to conduct court hearings via video conferencing. b. The City believes that conducting court hearings via video conferencing will provide the following benefits to the City: i. Improved public safety; ii. Improved preliminary arraignment process; iii. Reduced time for return to patrol by arresting officer; iv. Reduced need for transportation of incarcerated persons; v. Reduced time from apprehension to preliminary arraignment; vi. Reduced number of personnel needed to conduct the preliminary arraignment; vii. Reduced stress level for personnel involved in the process; . viii. Reduced amount of security risk for police and court personnel; and ix. Decreased security risk for other detainees. 3. Authority. RCW 39.34.080 authorizes one or more public agencies to contract with one another to perform governmental services which each itself is by law authorized to perform. 4. Purpose. a. The purpose of this Agreement is to set for the conditions under which Chelan County will allow the City to use the video arraignment system that will be installed at the jail. b. This Agreement provides a public benefit, furthers a public purpose, and serves the public interest. 5. Duration. The term of this Agreement shall commence November 1, 2010, and continue until terminated pursuant to the provisions of this Agreement. 6. Termination. After November 1, 2013, any party may terminate this Agreement, without cause, by providing written notice to the other party no less than 90 days in advance of the date of intended termination. No termination of this Agreement shall release any party from any liability or obligation with respect to any matter occurring prior to such termination. INTERLOCAL AGREEMENT Page 1 of 3 \\Ewsvrl\Public\City Attomey\lnterlocal Agreements\2010- Videoconferencing at Chelan County Regional Jail.docx • 7. Duties of the Parties a. Chelan County will maintain a video circuit in the Jail that will allow the City to connect its videoconference equipment in the Jail to remote locations outside of the Jail. b. Chelan County shall allow the City, at the City's cost, to install, maintain, and operate all equipment, software, and hardware necessary for the City to conduct court hearings via videoconferencing from the Jail. c. The City's videoconferencing system, Chelan County's video circuit, and the room where the videoconferencing system will be located shall be available exclusively for the City's use each Monday through Friday from 8:30 a.m. to 9:30 a.m. d. At all other times, the City may use the room where the videoconferencing system is located on an "as available basis." e. When the City uses its videoconferencing system to conduct court hearings, Chelan County shall be responsible for bringing the person who has a hearing scheduled in the City's Municipal Court to and from the room where the videoconferencing system will be located. Furthermore, Chelan County shall be responsible for guarding the person during his or her court hearing. f. Except during the times that Chelan County's video circuit is reserved for the exclusive use of the City, Chelan County, as its discretion may allow other users to use its video circuit. g. If it so chooses, Chelan County may use the City's videoconference system, when not in use by the City, for any lawful purpose. • 8. Severability. If any section or portion of this Agreement is determined to be unlawful by a competent court of law, such determination shall not affect the remaining terms and conditions of the Agreement. 9. Modification of Agreement. This Agreement may be amended by written agreement of the duly authorized representatives of each party. 10. Entire Agreement. The parties agree that this Agreement is the complete expression of the terms hereto and any oral representations or understandings not incorporated herein are excluded. 11. Filing of Agreement. The City shall file this Agreement with the Douglas County Auditor. This Agreement shall not become effective until the City has so filed the Agreement. • INTERLOCAL AGREEMENT Page 2of3 \\Ewsvrl\Public\City Attomey\lnterlocal Agreements\2010- Videoconferencing at Chelan County Regional Jail.docx • DATE: CITY OF EAST WENATCHEE MIX MAYOR STEVEN C. LACY ATTEST: BY: CITY CLERK DANA BARNARD DATE: CHELAN COUNTY BY: • COMMISSIONER RON WALTER COMMISSIONER KEITH GOEHNER BY: COMMISSIONER DOUG ENGLAND is Page AGREEMENT Page3of3 \\Ewsvrl\Public\City AttorneyUnterlocal Agreements\2010- Videoconferencing at Chelan County Regional Jail.docx • COUNCIL AGENDA BILL # PRESENTER: POSITION: TITLE: Separation Agreement. CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 10-10-03 Devin Poulson City Attorney AGENDA ITEM # AGENDA DATE: DEPARTMENT: 5 October 12, 2010 Leaal BACKGROUND/HISTORY: The position of Associate Planner was eliminated from the 2011 Budget because of lack of work. The City's contract with the Union requires the City to provide employees with two months notice. The City notified Mr. Story that his last day of work would be December 3, 2010. The attached Separation Agreement pays Mr. Story's salary through the end of November, but allows him to stop working as of October 12, 2010. The separation agreement is advantageous to the City because it requires Mr. Story to release any claims of wrongful termination or on -the - job -injury. Mr. Story has already signed the agreement. EXHIBITS: Agreement RECOMMENDED ACTION: Authorize the Mayor to execute the Separation Agreement on behalf of the City. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required ACTION TAKEN: Motion Made By: �)ar V) VyAV--4-- Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: 5 1 Failed: • Second By: �\,b h n 5 on Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 1 of 1 GREG STORY EMPLOYMENT SEPARATION AGREEMENT This Agreement is entered by and between Greg Story ("Employee") and the City of East Wenatchee ("City") (collectively, the "Parties"). For reference purposes, this Agreement is dated October 12, 2010, which is the date the East Wenatchee City Council approved its execution. 1. Employment Separation. Employee's employment by the City shall end effective 5:00 p.m., Tuesday, October 12, 2010 (the "Separation Date"). 2. Payment of Earned Salary and Vacation. The City shall pay Employee his regular wages, less authorized deductions and withholdings, through Tuesday, November 30, 2010 as if Employee had worked eight hours per work day. Within ten business days of the Separation Date, the City shall also pay Employee the gross sum of $8,729.09, less authorized deductions and withholdings, which represents the cash value of his wages through November 30, 2010 and any accrued, unused vacation leave. Employee acknowledges that, upon receipt of the payments described above, Employee shall have received full payment of all compensation of any kind that Employee earned as a result of his employment by the City. 3. Benefits. Employee's participation in all City benefit plans and programs shall cease on the Separation Date. Continuation coverage of group medical insurance shall be made available to Employee and Employee's dependents to the extent required by federal law, specifically the Consolidated Omnibus Budget Reconciliation Act (COBRA). Upon the Separation Date, Employee's rights under any retirement benefit plans in which Employee may have participated shall be determined in accordance with state law and the written plan documents governing those plans. 4. References. Employee shall direct all telephone reference checks and verifications of employment to Lori Barnett. In response to all such inquiries, Ms. Barnett shall only disclose Employee's dates of employment, last position held, nature of duties performed, and final rate of pay. 5. Confidentiality. Employee agrees that information not generally known to the public to which Employee has been, or will be, exposed as a result of being associated with the City is confidential information that belongs to the City. Employee agrees to hold the City's confidential information in strict confidence, and to not disclose or use it except as authorized in writing by the City and for the City's sole and exclusive benefit. 6. Affirmations. Employee affirms that he has not filed, caused to be filed, or presently is a party to any claim, complaint, or action against the City. Employee also further affirms that he has reported all hours worked as of the date of this Agreement and has been paid and/or has received all leaves (paid or unpaid), compensation, wages, bonuses, commissions, and/or benefits to which he may be entitled and that no other leave (paid or unpaid), compensation, wages, bonuses, commissions and/or benefits are due to her, except as provided in this Separation Agreement Page 1 of 6 • Agreement. Employee furthermore affirms that he has no known workplace injuries or occupational diseases and has been provided and/or has not been denied any leave requested under the Family Medical Leave Act. 7. Release. Employee knowingly and voluntarily releases and forever discharges the City, its affiliates, divisions, predecessors, insurers, reinsurers, successors and assigns and their current and former employees, attorneys, elected officials, board members, and agents thereof, both individually and in their official capacities (collectively referred to throughout the remainder of this Agreement as "Releasees"), of and from any and all claims, known and unknown, asserted or unasserted, which Employee has or may have against Releasees as of the date of execution of this Agreement, including, but not limited to, any alleged violation of ■ The Collective Bargaining Agreement between the City of East Wenatchee and Washington Council of County & City Employees, AFSCME, AFL-CIO, Local 846-W; ■ Title VII of the Civil Rights Act of 1964, as amended; ■ The Civil Rights Act of 1991; ■ Sections 1981 through 1988 of Title 42 of the United States Code, as amended; ■ The Employee Retirement Income Security Act of 1974 ("ERISA") (except for any vested benefits under any tax qualified benefit plan), as amended; ■ The Immigration Reform and Control Act, as amended; ■ The Americans with Disabilities Act of 1990, as amended; ■ The Age Discrimination in Employment Act of 1967 ("ADEA"); ■ The Workers Adjustment and Retraining Notification Act, as amended; ■ The Occupational Safety and Health Act, as amended; ■ The Equal Pay Act, as amended, to the extent permitted by law; ■ The National Labor Relations Act; ■ The Age Discrimination in Employment Act of 1967, as amended; ■ The Older Workers Benefit Protection Act; ■ The Consolidated Omnibus Budget Reconciliation Act ("COBRA"), to the extent permitted by law; Separation Agreement Page 2 of 6 • ■ The federal Fair Credit Reporting Act; ■ The Washington Fair Credit Reporting Act; ■ The Washington Law Against Discrimination, as amended, RCW 49.60 et. seq. ; ■ The Washington Minimum Wage Law, as amended, to the extent permitted by law; ■ Any provision of Title 49 of the Revised Code of Washington; • Any provision of Title 296 of the Washington Administrative Code; ■ Any other federal, state or local civil or human rights law, rule, regulation, or ordinance; ■ The Industrial Insurance Act of Washington, as amended, to the extent permitted by law; ■ Any claim alleging an exception to the Industrial Insurance Act of Washington, established by RCW 51.24.020, for injury inflicted with "deliberate intention"; ■ Any claim for discrimination, including disparate impact, harassment, failure to accommodate or retaliation; ■ Any claim based on an express or implied contract, or a collective bargaining agreement; ■ Any claim for breach of any term or condition of an employee handbook or policy manual, including any claim for breach of any promise of specific treatment in specific circumstances; ■ Any claim for violation of any legal or equitable duty of good faith and fair dealing; ■ Any claim based on tort or common law, including but not limited to a claim for wrongful termination in violation of public policy, wrongful termination for any reason, or constructive discharge; ■ Any claim for intentional injury, intentional infliction of emotion distress, negligence, negligent infliction of emotion distress, negligent hiring, supervision, retention, or defamation; or ■ Any claim for costs, fees, or other expenses including attorneys' fees incurred in these matters. Employee further agrees not to complain to any governmental agency about any of the claims Employee has released in this Agreement and Employee represents and warrants that Employee has not already done so. Employee also agrees never to assert any claims in any lawsuit, administrative proceeding, grievance or arbitration and Employee • Separation Agreement Page 3 of 6 . represents and warrants that Employee has not already done so. Employee understands that Employee is releasing potentially unknown claims, and that Employee has limited knowledge with respect to some of the claims being released. Employee agrees that this release is fairly and knowingly made and assumes the risk of any mistake in entering into it. 8. Return of Property. (a) Employee represents and warrants that, prior to the Separation Date, Employee shall return to the City all property that belongs to the City, including without limitation all keys, equipment, supplies, files, records, and other papers and information in any tangible form, including all copies, drafts and derivatives thereof. (b) If Employee has personal property on the City's premises after October 12, 2010, Employee waives all right and title to such property and hereby authorizes the City to dispose of such property at the City's discretion. 9. Arbitration. (a) Generally. The Parties agree that any controversy or claim arising out of or relating to this Agreement must be submitted to arbitration, which shall be administered pursuant to the National Rules for the Resolution of Employment Disputes ("National Rules") of the American Arbitration Association ("AAA") in effect at the time when a demand for arbitration ("Demand") under this Agreement is made, to the extent • that those rules are not inconsistent with any of the provisions of this Agreement. The arbitration process shall begin when either Employee or the City files a Demand with the AAA and served on the other party, and any Demand shall be filed in compliance with the statute of limitations applicable to the claims asserted in the Demand. One neutral arbitrator (experienced in the subject matter of the dispute) shall be selected in accordance with the National Rules. The expense of arbitration shall be shared equally by the City and Employee. The Parties may conduct pre -hearing discovery including, but not limited to, depositions and requests for production of documents and interrogatories. The arbitrator shall decide all pre- hearing disputes arising out of or relating to the claims raised in the Demand or this Agreement, prior to deciding issues associated with the merits of the claims raised in the Demand for arbitration. The arbitrator shall have the right to award any damages and/or remedies as would be available under the laws of this State, and any other relief in law or in equity the arbitrator deems just. Any award issued shall be in writing and shall including findings of fact and conclusions of law reached by the arbitrator. The arbitration hearing shall be conducted within 45 calendar days of the date on which the demand is filed. The decision of the arbitrator shall be final and binding on the Parties. (b) Injunctive Relief. Employee acknowledges that a breach of the covenants contained in paragraphs 5, 7, 9 and/or 10 of this Agreement may result in material irreparable injury to the City for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely. In the event of such a breach or threat thereof, the City shall be entitled to obtain a temporary restraining • Separation Agreement Page 4 of 6 . order and/or a preliminary or permanent injunction restraining Employee from engaging in activities prohibited by such paragraphs or such other relief as may be required to specifically enforce any of the covenants in such paragraphs. The City may request a court to issue such temporary or interim injunctive relief either before or after arbitration is commenced. No such request shall be a waiver of the right to submit any dispute to arbitration. 10. Consideration/Revocation. Employee shall have seven calendar days to revoke this Agreement after signing it. To exercise this right, the City, specifically City Attorney Devin Poulson, must receive Employee's written revocation within the seven- day revocation period. 11. Saving Provision/Waiver. If any part of this Agreement is held to be unenforceable, it shall not affect any other part. If any part of this Agreement is held to be unenforceable as written, it shall be enforced to the maximum extent allowed by applicable law. No waiver of any provision of this Agreement shall be valid unless in writing, signed by the party against whom the waiver is sought to be enforced. The waiver of any breach of this Agreement or failure to enforce any provision of this Agreement shall not waive any later breach. 12. Assignment; Successors. This Agreement is binding upon the parties and their personal representatives, heirs, successors and permitted assigns. The City may assign its rights and delegate its duties under this Agreement whereas Employee may not. • 13. Facsimile. For purposes of this Agreement, a facsimile signature is deemed to be an original signature and suffices to render the Agreement fully effective and enforceable. 14. Governing Law/Attorneys' FeesNenue/Jurisdiction. This Agreement is governed by Washington law. In any legal proceeding arising out of or related to this Agreement, the prevailing party shall recover reasonable costs and attorneys' fees, including on appeal, if applicable. Venue and jurisdiction of any lawsuit shall exist exclusively in the state courts in Douglas County, Washington and/or the United States District Court for the Eastern District of Washington, unless injunctive relief is sought by the City and, in the City's judgment, that relief might not be effective unless obtained in some other venue. This Agreement is the final and complete expression of all agreements between the Parties on the subjects covered. Employee acknowledges that Employee has had adequate time to review and consider this Agreement and consult with legal counsel and union representatives. 15. Entire Agreement. This Agreement sets forth the entire agreement between the parties hereto, and fully supersedes any prior agreements or understandings between the parties. Employee acknowledges that he has not relied on any representations, promises, or agreements of any kind made to him in connection with his decision to accept this Agreement, except for those set forth in this Agreement. EMPLOYEE ACKNOWLEDGES THAT HE HAS HAD A REASONABLE AMOUNT OF TIME TO CONSIDER THIS AGREEMENT. • Separation Agreement Page 5 of 6 • EMPLOYEE FREELY AND KNOWINGLY, AND AFTER DUE CONSIDERATION, ENTERS INTO THIS AGREEMENT INTENDING TO WAIVE, SETTLE AND RELEASE ALL CLAIMS HE HAS OR MIGHT HAVE AGAINST RELEASEES. The parties knowingly and voluntarily sign this Agreement and General Release as of the date(s) set forth below: Dated this day of October, 2010. AGREED BY CITY OF EAST WENATCHEE By: Steven C. Lacy Its: Mayor Dated this day of October, 2010. • AGREED BY EMPLOYEE: Greg Story • Separation Agreement Page 6 of 6 • w 0A COUNCIL AGENDA BILL # PRESENTER: POSITION: 10-10-04 Mayor Lacy Mayor CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL -�e'�ISed- TITLE: Employment Contract with City Engineer AGENDA ITEM # AGENDA DATE: DEPARTMENT: October 12, 2010 Legislative BACKGROUND/HISTORY: To maintain his PERS retirement benefits, the City Engineer cannot work more than 1,500 hours per year. Because the City Engineer does not want to exceed this limit, he has agreed to reduce his salary by 14 , pay 14-9Wof his benefits, and forfeit his right to accrue accrued sick leave, accrue vacation leave, and his right to receive paid time off for holidays. See attached sheet outlining how the parties arrived at this percentage EXHIBITS: Calculation of Annual Compensation. Contract. RECOMMENDED ACTION: Approve. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required ACTION TAKEN: 1 I_ Motion Made By: �J © klson Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmernhar Barnhart Passed: S T Failed: Second By: � ,r e, Y-Y, m er Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 1 of 1 • �J City of East Wenatchee Proposed Employment Contract with Don McGahuey, City Engineer Assumptions, Calculations and Contract Changes Current Allocation of McGahuey's Work Year• Total Hours 2,080 Less: Vacation Hours (160) Less: Sick Leave (96) Less: Holidays (88) Total Resultant "Work" Hours 1,736 Compared to Hours to be "Worked" Under the Employee Contract 1,500 Resultant Percentage Relationship 86.41% On the Assumption that McGahuey would receive the same "credit" or percentage of accrued benefits, his "Work Year" under the contract would include: Hours to be work and accounted for on Time Sheets 1,500.00 Add: Credit for Pay in lieu of Vacation at 86.41% 138.26 Add: Credit for Pay in lieu of Sick Leave at 86.41% with a 65% Utilization R� 53.92 Add: Credit for Pay in lieu of Holidays at 86.41% 76.04 Resultant total Hours for Pay Purposes 1,76g 22 Resultant Percentage Relationship of Contract Work Year to 2080 Resultant Calculation of Annual Compensation• Current Annual Compensation Contract Work Year Part Time Percentage Calculated Annual Compensation under the Contract % Responsibility for Health Contribution (100%-85.01%) 85.01% 85.01 % $ 71,408 14.99 % • Employment Contract 1. Parties. The Parties to this Employment Contract ("Agreement") are the City of East Wenatchee ("City") and Donald L. McGahuey ("Engineer"). a. The City: i. The City is a municipal corporation organized under the laws of the State of Washington. b. Engineer i. Engineer is a licensed engineer in the state of Washington. 2. Effective Date of Agreement. This Agreement is effective October 1, 2010. 3. Recitals. a. The City hired Engineer as an employee on March 15, 2010. b. The City desires to provide certain benefits, establish certain conditions of employment and to set working conditions of the position of City Engineer; c. The City desires to secure and retain the continued services of the City Engineer to remain in such employment, to make possible full work productivity by assuring Engineer's morale and peace of mind with respect to future security and to provide a just means for terminating Engineer's services at such time as Engineer may be unable fully to discharge his duties or when the City may desire to otherwise terminate employment. d. Engineer desires to accept continued employment as City Engineer for the City of East Wenatchee. e. This Agreement supersedes and replaces all prior contracts for employment between the City and Engineer. 4. Agreement to Employ. The City agrees to employ Engineer as City Engineer to perform the functions and duties outlined below and to perform such other legally permissible and proper duties and functions as the Mayor may assign from time to time. 5. Term. This Agreement is effective through December 31, 2012. During the term of this Agreement, Engineer shall not perform engineering services for any other individual, company, or entity. 6. Hours. Engineer agrees to work for the City a minimum of 1,500 hours per calendar year. Engineer shall schedule his hours in such a manner to ensure that his duties as an Engineer will be fulfilled and that the business of the City is not disrupted. As approved by the Mayor, Engineer shall establish a set schedule of hours he will work each month. 7. Compensation. a. Salary. The City agrees that Engineer's compensation in shall be $71,408 annually, subject to any cost of living adjustment (COLA) received by other management and administrative employees of the City. Engineer shall report his hours to the City as Page 1 of 4 \\ewsvrl \usd$\dbamard\My Documents\EMPLOYEE\Engineer-Employment Contract.docx often as required by the City. This provision applies retroactively to March 15, 2010. b. Work -related Expenses. Engineer shall receive reimbursement for reasonable and customary expenses actually incurred in connection with the business of the City, including food, lodging, and travel expenses while away, provided that prior arrangements are made with the Treasurer. c. Professional Development. The City agrees to budget and pay reasonable expenses for professional dues, subscriptions, training and travel required for Engineer to meet the requirements imposed by the Washington State Board of Registration for Professional Engineers and Land Surveyors to maintain his license to practice engineering in good standing. d. Medical Insurance. The City will maintain a group medical insurance policy and shall pay 85.01 % of the premiums for Engineer and for Engineer's spouse or first dependent. Engineer shall pay the remaining 14.99% of the premiums for Engineer and for Engineer's spouse or fast dependent. Engineer shall pay 100% of the premium for additional dependents. e. Dental Insurance. The City will maintain a group dental insurance policy and shall pay 85.01 % of the premium for Engineer and for all his dependents. Engineer shall pay 14.99% of the premium for Engineer and for all his dependents. f. Orthodontia Insurance. The City will maintain a group orthodontia insurance policy and shall pay 85.01 % of the premium for Engineer and for all his dependents. Engineer shall pay 14.99% of the premium for Engineer and for all his dependents. • g. Vision Insurance. The City will maintain a group vision insurance policy and shall pay 85.01 % of the premium for Engineer and for all his dependents. Engineer shall pay 14.99% of the premium for Engineer and for all his dependents. h. Long Term Disability Insurance. The City will maintain a group long-term disability insurance policy and shall pay 85.01 % of the premium for Engineer and for all his dependents. Engineer shall pay 14.99% of the premium for Engineer and for all his dependents. i. Vacation. Engineer shall not accrue any vacation leave and shall work without regard to such leave. j. Sick Leave. Engineer shall not accrue any sick leave and shall work without regard to such leave. k. Holidays. Engineer is not entitled to paid holidays and shall work without regard to such leave. 1. Jury and Witness Leave. The City shall grant Engineer time off with pay to serve on a jury or as a witness in a judicial or quasi-judicial proceeding. This benefit shall be in addition to any other leave offered by the City. m. Administrative Leave. The City may place Engineer on administrative leave with or without pay for an indefinite period of time, as approved by the Mayor to be in the best interest of the City, during the pendency of an investigation or other administrative proceeding. n. Equipment. The City shall provide Engineer an office in City Hall and the tools and equipment necessary to perform his duties. • Page 2 of 4 \\ewsvrl\usd$\dbamard\My Documents\EMPLOYEE\Engineer-Employment Contract.docx Duties. Engineer shall perform all duties of the City Engineer as set forth in the approved job description and other duties as may be assigned from time to time by the Mayor. 8. Termination. a. By City. In the event that the Mayor elects to terminate Engineer, each termination shall be subject to the following condition: Engineer shall be given not less than 30 days prior notice of the intent to terminate him, or 30 days severance pay at the option of the City. b. By End In the event Engineer shall terminate his employment with the City, Engineer agrees that he shall provide the City not less than 30 days prior notice of the effective date of such termination in order to afford the City a reasonable opportunity to find a replacement for Engineer. In the event a replacement is found who is able to commence employment prior to the expiration of the 30-day, the City may terminate Engineer prior to effective date provided in the 30-day notice. 9. Performance Evaluation. The Mayor shall evaluate Engineer's performance on or before March 1, 2011 and then at least once every 12 months thereafter. 10. Professional Liability. The City agrees to defend, hold harmless and indemnify Employee from all demands, claims, suits, acts, errors or other omissions in legal proceedings brought against Engineer in his individual capacity or in his official capacity, provided the incident arose while Engineer was acting within the scope of his employment. • 11. Modification. The parties agree that this agreement cannot be amended or modified without the written concurrence of both parties. 12. Severability. If any provision or portion of this agreement is held to be unconstitutional, invalid, or unenforceable, the City shall have the -right, at its option, to declare the agreement void and enter into negotiations with the Employee for execution of a new personal services agreement. 13. Notice. Any notices required to be given by the City to Engineer or by Engineer to the City shall be delivered to the following parties at the following addresses: City of East Wenatchee Mayor's Office 271 9th Street NE East Wenatchee, WA 98802 Donald L. McGahuey, P.E. 1525 Fourth Street Wenatchee, WA 98801 Any notices may be either delivered personally to the addressee of the notice or may be IS deposited in the United States mails, postage prepaid, to the address set forth above. Any notice Page 3 of 4 \\ewsvrl\usdS\dbamard\My Documents\EMPLOY EE\Engineer-Employment Contract.docx • so posted in the United States mail shall be deemed received three (3) days after the date of mailing. C7-A 0 CITY OF EAST WENATCHEE By Steven C. Lacy, Mayor Date Donald L. McGahuey, P.E. Date Page 4 of 4 \\ewsvrl\usd$\dbamard\My Documents\EMPLOYEE\Engineer-Employment Contmet.docx • • 0 `V o'. COUNCIL AGENDA BILL* PRESENTER: POSITION: CITY OF EAST WENATCHEE CITY COUNCIL AGENDA BILL 10-10-04 Steven C. Lacy Mavor TITLE: Employment Contract with City Engineer. AGENDA ITEM # AGENDA DATE: DEPARTMENT: 6 October 12, 2010 Legislative BACKGROUND/HISTORY: To maintain his PERS retirement benefits, the City Engineer cannot work more than 1,500 hours per year. Because the City Engineer does not want to exceed this limit, he has agreed to reduce his salary by 11 %, pay 11 % of his benefits, and forfeit his right to accrue accrued sick leave, accrue vacation leave, and received paid time off for holidays. EXHIBfTS: Contract. RECOMMENDED ACTION: Approve. FINANCIAL DATA: Expenditure Required Amount Budgeted Appropriation Required ACTION TAKEN: Motion Made By: Councilmember Bremmer Councilmember Johnson Councilmember McCourt Councilmember Barnhart Passed: Failed: Second By: Councilmember Raab Councilmember Buckner Councilmember Hendricks Mayor Lacy (in case of tie) Page 1 of 1 rEmployment Contract 1. Parties. The Parties to this Employment Contract ("Agreement") are the City of East Wenatchee ("City") and Donald L. McGahuey ("Engineer"). a. The City: i. The City is a municipal corporation organized under the laws of the State of Washington. b. Engineer i. Engineer is a licensed engineer in the state of Washington. 2. Effective Date of Agreement. This Agreement is effective October 1, 2010. 3. Recitals. a. The City desires to employ the services of Engineer as City Engineer for the City of East Wenatchee; b. The City desires to provide certain benefits, establish certain conditions of employment and to set working conditions of the position of City Engineer; c. The City desires to secure and retain the services of the City Engineer to remain in such employment, to make possible full work productivity by assuring Engineer's morale and peace of mind with respect to future security and to provide a just means for terminating Engineer's services at such time as Engineer may be unable fully to • discharge his duties or when the City may desire to otherwise terminate employment; and d. Engineer desires to accept employment as City Engineer for the City of East Wenatchee. e. This Agreement supersedes and replaces all prior contracts for employment between the City and Engineer. 4. Agreement to Employ. The City agrees to employ Engineer as City Engineer to perform the functions and duties outlined below and to perform such other legally permissible and proper duties and functions as the Mayor may assign from time to time. 5. Term. This Agreement is effective for a term of four years. During the term of this Agreement, Engineer shall not perform engineering services for any other individual, company, or entity. 6. Hours. Engineer agrees to work for the City a minimum of 1,500 hours per year. Engineer shall schedule his hours in such a manner to ensure that his duties as an Engineer will be fulfilled and that the business of the City is not disrupted. As approved by the Mayor, Engineer shall establish a set schedule of hours he will work each month. 7. Compensation. a. Salary. The City agrees that Engineer's compensation in shall be $74,760 annually. A cost of living adjustment (COLA) will be applied on January l` of each year, the rate of which will be the same as received by other management and administrative Page 1 of 4 \\Ewsvrl\PubIic\City Attomey\Contracts\City Engineer\Engineer-Employment Contnutdocx • employees of the City and shall report his hours to the City as often as required by the City. b. Work -related Expenses. Engineer shall receive reimbursement for reasonable and customary expenses actually incurred in connection with the business of the City, including food, lodging, and travel expenses while away, provided that prior arrangements are made with the Treasurer. c. Professional Development. The City agrees to budget and pay reasonable expenses for professional dues, subscriptions, training and travel required for Engineer to meet the requirements imposed by the Washington State Board of Registration for Professional Engineers and Land Surveyors to maintain his license to practice engineering in good standing. d. Medical Insurance. Full family medical coverage for Engineer's family is available through Asuris Northwest Health, Plan A. The City shall pay the 89% of the premiums for Engineer and for Engineer's spouse or first dependant. Engineer shall pay the remaining 11 % of the premiums for Engineer and for Engineer's spouse or first dependant. Engineer shall pay 100% of the premium for additional dependants. e. Dental Insurance. Full family dental coverage for Engineer's family is available through Washington Dental Services, Plan F. The City shall pay 89% of the premium for Engineer and for all his dependents. Engineer shall pay 11 % of the premium for Engineer and for all his dependents. f. Orthodontia Insurance. Full family orthodontia coverage for Engineer's family is available through Washington Dental Services, Plan V. The City shall pay 89% of . the premium for Engineer and for all his dependents. Engineer shall pay 1 I % of the premium for Engineer and for all his dependents. g. Vision Insurance. Full family vision coverage for Engineer's family is available through Vision Service Plan, Option 1, Full Family- no deductible. The City shall pay 89% of the premium for Engineer and for all his dependents. Engineer shall pay 11 % of the premium for Engineer and for all his dependents. h. Long Term Disability Insurance. Long term disability insurance is available to Engineer through Standard Insurance Long Term Disability, Option 2. The City shall pay 89% of the premium for Engineer and for all his dependents. Engineer shall pay 11 % of the premium for Engineer and for all his dependents. i. Vacation. Engineer shall not accrue any vacation leave and shall work without regard to such leave. j. Sick Leave. Engineer shall not accrue any sick leave and shall work without regard to such leave. k. Holidays. Engineer is not entitled to paid holidays and shall work without regard to such leave. 1. Jury and Witness Leave. The City shall grant Engineer time off with pay to serve on a jury or as a witness in a judicial or quasi-judicial proceeding. This benefit shall be in addition to any other leave offered by the City. m. Administrative Leave. The City may place Engineer on administrative leave with or without pay for an indefinite period of time, as approved by the Mayor to be in the best interest of the City, during the pendency of an investigation or other administrative proceeding. 0 Page 2 of 4 \\Ewsvrl\Public\City Attorney\Contracts\City Engineer\Engineer-Employment Contwtdocx • n. Equipment. The City shall provide Engineer an office in City Hall and the tools and equipment necessary to perform his duties. 8. Duties. Engineer shall perform all duties of the City Engineer as set forth in the approved job description and other duties as maybe assigned from time to time by the Mayor. 9. Termination. a. By City. In the event that the Mayor elects to terminate Engineer, each termination shall be subject to the following condition: Engineer shall be given not less than 30 days prior notice of the intent to terminate him, or 30 days severance pay at the option of the City. b. By Engineer. In the event Engineer shall terminate his employment with the City, Engineer agrees that he shall provide the City not less than 30 days prior notice of the effective date of such termination in order to afford the City a reasonable opportunity to find a replacement for Engineer. In the event a replacement is found who is able to commence employment prior to the expiration of the 30-day, the City may terminate Engineer prior to effective date provided in the 30-day notice. 10. Performance Evaluation. The Mayor shall evaluate Engineer's performance on or before March 1, 2011 and then at least once every 12 months thereafter. 11. Professional Liability. The City agrees to defend, hold harmless and indemnify • Employee from all demands, claims, suits, acts, errors or other omissions in legal proceedings brought against Engineer in his individual capacity or in his official capacity, provided the incident arose while Engineer was acting within the scope of his employment. 12. Modification. The parties agree that this agreement cannot be amended or modified without the written concurrence of both parties. 13. Severability. If any provision or portion of this agreement is held to be unconstitutional, invalid, or unenforceable, the City shall have the -right, at its option, to declare the agreement void and enter into negotiations with the Employee for execution of a new personal services agreement. 14. Notice. Any notices required to be given by the City to Engineer or by Engineer to the City shall be delivered to the following parties at the following addresses: City of East Wenatchee Mayor's Office 921 Ninth Street NE East Wenatchee, WA 98802 Donald L. McGahuey, P.E. 1525 Fourth Street Wenatchee, WA 98801 Page 3 of 4 \\Ewsvrl\Public\City Attomey\Contmcts\City EngineerTngineer-Employment Contract.docx • Any notices may be either delivered personally to the addressee of the notice or may be deposited in the United States mails, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. • • CITY OF EAST WENATCHEE By Steven C. Lacy, Mayor Date Donald L. McGahuey, P.E. Page 4 of 4 \\Ewsvrl\Public\City Attomey\Contracts\City EngineeiAEngineer-Employment Contrect.docx Date