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2/13/2018 - City Council - City Council Meeting Agenda Packet
East Wenatchee City Council Meeting Tuesday, February 13, 2018 East Wenatchee City Hall 271 9th Street NE East Wenatchee, WA 98802 AGENDA 6:30 p.m. Regular Meeting 1. Call to Order, Roll Call and Pledge of Allegiance. 2. Consent Items: a. 01/23/2018 Council Meeting Minutes. Vouchers: Checks: 49473-49475; 49501-49570 and voided checks: 49414; 49434, in the amount of $209,010.16 • Motion to approve agenda, vouchers, and minutes from previous meetings. 3. Citizen Requests/Comments. The “Citizen Comments” period is to provide the opportunity for members of the public to address the Council on items either not on the agenda or not listed as a public hearing. The Mayor will ask if there are any citizens wishing to address the Council. When recognized, please step up to the microphone, give your name and mailing address, and state the matter of your interest. If your interest is an agenda item, the Mayor may suggest that your comments wait until that time. Citizen comments will be limited to three minutes. 4. Presentations. 5. Department Report. a. Finance Department report provided by Nick Gerde, Finance Director. b. Public Works Report provided by Tom Wachholder, Land and Water Resource Program Manager. 6. Mayor’s Report. 7. Public Hearings. The Mayor will call the Public Hearing to order and state the ground rules, the purpose of the hearing, the action that the hearing body may take on the matter, will address the appearance of fairness doctrine, and will state the manner in which the hearing will proceed. Staff will first give a report, followed by testimony of experts and/or the applicant, followed then by public testimony. All speakers must speak into the microphone and clearly state their names and addresses. All comments should be addressed to the hearing body, should be relevant to the application, and should not be of a personal nature. Public testimony may be limited to three minutes, unless further time is granted by the Mayor. If there are a large number of speakers, a representative may be appointed to speak on behalf of the group. A.) A public hearing for the request submitted by the Wenatchee Kennel Club to defer the design and installation of required public improvements along 1st St. NE in accordance with the provisions of chapter 02-13-2018 Council Meeting Agenda Packet Page 1 of 241 15.48 of the East Wenatchee Municipal Code associated with a proposal to submit a building permit to construct a building. 8. Action Items. A. Request for deferral of street improvements for the Wenatchee Kennel Club Dog Sports Training Center. Presented by Lori Barnett, Community Development Director. Motion for City Council to approve the requested deferral and authorize the Mayor to sign the Wenatchee Kennel Club Concomitant Improvement Agreement on behalf of the City. B. 2018 Community Video Program – Proposed agreement with CGI Communications for an update to the East Wenatchee Community Video. Presented by Lori Barnett, Community Development Director. Motion for City Council to approve and authorize the Mayor to sign the 2018 Community Program Agreement with CGI Communications on behalf of the City. C. 2018 – 2021 Teamsters Local Union No. 760, Labor Agreement. Representing Police Clerical Employees. Presented by Steven C. Lacy, Mayor. Motion for City Council to approve and authorize the Mayor to sign the 2018-2021 Teamsters Local Union No. 760 Agreement, representing Police Clerical Employees on behalf of the City. D. 2018 – 2021 Teamsters Local Union No. 760, Labor Agreement. Representing Police Law Enforcement Employees. Presented by Steven C. Lacy, mayor. Motion for City Council to approve and authorize the Mayor to sign the 2018-2021 Teamsters Local Union No. 760 Agreement, representing Police Law Enforcement Employees on behalf of the City. E. Public Works purchase authorization of a 2-Ton Vibratory Steel Wheeled Roller from Washington State Department of Enterprise Services Contract No. 03412 (State Contract), in the amount of $30,347.00. Presented by Tom Wachholder, Land and Water Resource Program Manager. Motion for City Council to authorize the purchase of the 2-Ton vibratory steel wheeled roller (Caterpillar CB 14), from the Washington State Contract No. 03412, and Authorize the Mayor to sign a purchase agreement on behalf of the City, not to exceed $30,347.00. 02-13-2018 Council Meeting Agenda Packet Page 2 of 241 F. Consultant selection for the 2018 5th Street NE and S. Kentucky Avenue Transportation Improvement Board (TIB) Overlay Project, for Design Services. Presented by Tom Wachholder, Land and Water Resource Program Manager. Motion for City Council to approve the selection of RH2 Engineering as the most qualified consultant. A second motion to authorize the Mayor to negotiate and sign a consultant service agreement on behalf of the City, not to exceed $62,455.00. 9. Council Reports & Announcements. a. Reports/New Business of Council Committees 10. Adjournment. * Executive Session to discuss with legal counsel representing the City matters of litigation or potential litigation to which the City is likely to become a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the City. RCW 42.30.110(1)(i). 02-13-2018 Council Meeting Agenda Packet Page 3 of 241 EAST WENATCHEE CITY COUNCIL MEETING Tuesday, January 23, 2018 East Wenatchee City Hall 271 9th Street N.E. East Wenatchee, WA 98802 MINUTES In attendance: Staff in attendance: Mayor Steven Lacy Devin Poulson, City Attorney Councilmember John Sterk Lori Barnett, Community Development Director Councilmember Harry Raab Tom Wachholder, Land and Water Resource Program Mngr. Councilmember Timothy J. “Tim” Detering Nick Gerde, Finance Director Councilmember Jerrilea Crawford Randy Harrison, Police Chief Teresa Allen, Human Resources Maria Holman, City Clerk 6:30 p.m. Regular Meeting 1.Call to Order, Roll Call and Pledge of Allegiance. 2.Consent Items. •Motion to approve agenda, vouchers, and minutes from previous meetings. Motion to approve the consent items by Councilmember Tim Detering. Councilmember Harry Raab seconded the motion. Motion carried (4-0) 3.Action Item A. (moved forward on the Agenda) Second reading of Ordinance No. 2018-01, an Ordinance amending the Greater EastWenatchee Area Comprehensive Plan Land Use Map and the Official Zoning Map. Comments provided by community members John Downs, 1402 Aurora; Doug Madland, 1406 Aurora Ave; John Heinrich, 1440 N Arbor Terrace; Marilyn Webb, 1403 N. Aurora Ave; Lonnie Plecher, 1321 N Arbor Terrance; Gary Donabauer, 1411 N Aurora; Peter Schneller, 1426 N Aurora; Carolyn Arends, 1411 N Anne Ave. All opposed the proposed change citing concern with view obstruction, traffic incompatibility with the 02-13-2018 Council Meeting Agenda PacketPage 4 of 241 neighborhood and safety. Paul Bondo, Real Estate Agent of Coldwell Banker, 3950 10th Street, commented in support of the proposed change. Additional comments provided by Councilmembers Harry Raab, Jerrilea Crawford, John Sterk, and Tim Detering; Mayor Lacy and Community Development Director Lori Barnett. Failed due to lack of motion. 4. Citizen Requests/Comments. a. Carolyn Perry, 1740 S. Kent Plaza, came before the Council to comment on traffic at Lee Elementary School traffic safety concerns before and after school. 5. Presentations. a. SCJ Alliance Dan Ireland and Community Development Director Lori Barnett provided an update on the Gateway Project and possible additional parking options, possible alley easement, and joint use and maintenance agreement. Motion to authorize SCJ Alliance to complete the final design and go to bid (to include construction and construction engineering services) based on the numbers provided by Councilmember Tim Detering. Councilmember Jerrilea Crawford seconded the SCJ Alliance motion. Motion carried (4-0). Comments provided by Councilmembers John Sterk, Tim Detering, Harry Raab, Mayor Lacy, SCJ Alliance consultant Dan Ireland, and Community Development Director Lori Barnett. 6. Department Report. a. Finance Director Nick Gerde provided Council with the 2018 Council Workshop Schedule, and with a 2017 end of year financial update. 7. Mayor’s Report. a. Mayor Lacy confirmed Councilmember Jerrilea Crawford’s interest in participating in the 2018 Misawa trip. David Kelts will be leading the Misawa delegation this year and there is an opportunity for an additional Councilmember. b. Mayor Lacy provided an update regarding the changes in planning and consideration of what the City can do at the bottom of 9th street. A more in-depth discussion will be had at the next Council workshop. c. Mayor’s staff update: The Public Relations Position was not filled; the position is still in the budget for next year. The City has posted the position of City Engineer; The City is hoping to hire an engineer sooner than later. Comments provided by Councilmember Tim Detering. 02-13-2018 Council Meeting Agenda Packet Page 5 of 241 Mayor’s report continued: d. Mayor Lacy shared that the Chamber of Commerce inquired about The City of East Wenatchee partnering through the Chamber with the City of Wenatchee for the purposes of promotion of general tourism. The Mayor expressed interest in the possibility of partnering in 2019, in terms of general branding. 8. Action Items. B. Resolution No. 2018-04 Interlocal Agreement Supplement No. 1 between the City of East Wenatchee and Public Utility District No. 1 of Douglas County for Purchase and Replacement of Street Light Fixtures. Tom Wachholder presented the staff report. Comments provided by Tim Detering. Motion to approve by Councilmember Tim Detering. Councilmember Jerrilea Crawford seconded the motion. Motion carried (4-0). 9. Council Reports & Announcements. a. Councilmember John Sterk shared information regarding his Chairmanship of the Chelan Douglas Health District and meeting. b. Councilmember Jerrilea Crawford shared that she attended the Transportation Council Meeting and they are looking for a replacement representative for the bicycle coalition on behalf of the City of East Wenatchee. 10. Adjournment. With no further business, the meeting adjourned at 8:17 p.m. Steven C. Lacy, Mayor Attest: Maria E. Holman, City Clerk 02-13-2018 Council Meeting Agenda Packet Page 6 of 241 CHECKS: 49473-49475; 49501-49570 VOIDED: 49414; 49434 DEPARTMENT/FUND AMOUNT General Fund 001 $135,483.68 Street Fund 101 $28,107.01 Community Dev Grants Funds 102 $0.00 Transportation Benefit District Fund 105 $40.00 Debt Reserve Fund 110 $0.00 Library Fund 112 $898.04 Hotel/Motel Tax Fund 113 $0.00 Drug Fund 114 $0.00 Criminal Justice Fund 116 $0.00 Events Board Fund 117 $98.00 Bond Redemption Fund 202 $0.00 Street Improvements Fund 301 $41,000.00 Storm Water Improvements Fund 308 $0.00 Capital Improvements Fund 314 $405.50 Equipment R&R Fund 501 $2,977.93 Grand Total All Funds $209,010.16 CITY OF EAST WENATCHEE CHECK REGISTER February 13, 2018 Payables 02-13-2018 Council Meeting Agenda Packet Page 7 of 241 Fund Number Description Amount 001 Current Expense $135,483.68 101 Street Department $28,107.01 105 Transportation Benefit District Fund $40.00 112 Library Fund $898.04 117 East Wenatchee Events Brd Fund $98.00 301 Street Improvement Fund $41,000.00 314 Capital Improvement Fund $405.50 501 Equipment Rental & Replacement $2,977.93 Count: 8 $209,010.16 Fund Transaction Summary Transaction Type: Invoice Fiscal: 2018 - February 2018 - February 2018 1st Council Meeting Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:37:34 AM Page 1 of 1 East Wenatchee - Fund Transaction Summary 02-13-2018 Council Meeting Agenda Packet Page 8 of 241 Vendor Number Reference Account Number Description Amount Adela M Valaas 49501 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/30/2018 12:51:34 PM January 2018 Civil Service 001-000-160-521-10-10-00 Salaries $66.00 Total Invoice - 1/30/2018 12:51:34 PM $66.00 Total 49501 $66.00 Total Adela M Valaas $66.00 Alpine Products Inc. 49502 2018 - February 2018 - February 2018 1st Council Meeting TM-173421 Street/Winter Cold Mix Patch 101-000-420-542-30-30-00 Supplies $1,130.24 Total TM-173421 $1,130.24 Total 49502 $1,130.24 Total Alpine Products Inc.$1,130.24 American Building Maintenance CO 49503 2018 - February 2018 - February 2018 1st Council Meeting 11921379 Janitorial Services 001-000-180-518-30-41-01 Contracted Custodial Services $1,908.30 112-000-000-572-50-41-00 Facilities -- Professional Services $297.83 Total 11921379 $2,206.13 Total 49503 $2,206.13 Total American Building Maintenance CO $2,206.13 American Planning Assoc 49504 2018 - February 2018 - February 2018 1st Council Meeting 125854-1817 Planning/2018 Membership Dues 001-000-580-558-60-49-00 Miscellaneous $512.00 Total 125854-1817 $512.00 Total 49504 $512.00 Total American Planning Assoc $512.00 Voucher Directory Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 25 second(s)Page 1 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 9 of 241 Vendor Number Reference Account Number Description Amount Banner Bank c/o Selland Construction 49505 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/26/2018 12:24:06 PM Highline Drive Improvements 301-000-000-595-30-40-20 Roadway - Highline Drive TIB $2,050.00 Total Invoice - 1/26/2018 12:24:06 PM $2,050.00 Total 49505 $2,050.00 Total Banner Bank c/o Selland Construction $2,050.00 Banner Bank Mastercard 49506 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 2/2/2018 1:35:37 PM Adobe Subscription 001-000-145-514-20-49-00 Miscellaneous $16.22 Total Invoice - 2/2/2018 1:35:37 PM $16.22 Invoice - 2/2/2018 1:36:08 PM Police/Freezer Fridge 001-000-210-521-10-35-00 Small Tools & Equipment $681.65 Total Invoice - 2/2/2018 1:36:08 PM $681.65 Invoice - 2/2/2018 1:39:21 PM HR Certification 001-000-110-511-60-44-00 Advertising $80.00 Total Invoice - 2/2/2018 1:39:21 PM $80.00 Invoice - 2/2/2018 1:40:51 PM Police/Fuel 001-000-210-521-10-32-00 Fuel Consumed $61.08 Total Invoice - 2/2/2018 1:40:51 PM $61.08 Invoice - 2/2/2018 1:41:21 PM Police/Fuel 001-000-210-521-10-32-00 Fuel Consumed $58.06 Total Invoice - 2/2/2018 1:41:21 PM $58.06 Invoice - 2/2/2018 1:41:51 PM Street/Supplies 101-000-430-543-50-30-00 Supplies $56.25 Total Invoice - 2/2/2018 1:41:51 PM $56.25 Invoice - 2/2/2018 1:42:35 PM Street/Supplies 101-000-420-542-70-30-00 Supplies $32.44 Total Invoice - 2/2/2018 1:42:35 PM $32.44 Invoice - 2/2/2018 1:43:03 PM Street/Supplies 101-000-420-542-70-30-00 Supplies $162.29 Total Invoice - 2/2/2018 1:43:03 PM $162.29 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 25 second(s)Page 2 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 10 of 241 Vendor Number Reference Account Number Description Amount Invoice - 2/2/2018 1:43:50 PM Background Check 001-001-000-589-30-00-15 State Share of Permits & Licenses $12.00 Total Invoice - 2/2/2018 1:43:50 PM $12.00 Invoice - 2/2/2018 1:44:29 PM Background Check 001-001-000-589-30-00-15 State Share of Permits & Licenses $12.00 Total Invoice - 2/2/2018 1:44:29 PM $12.00 Invoice - 2/2/2018 1:45:04 PM Background Check 001-001-000-589-30-00-15 State Share of Permits & Licenses $12.00 Total Invoice - 2/2/2018 1:45:04 PM $12.00 Invoice - 2/2/2018 1:46:17 PM Background Check 001-001-000-589-30-00-15 State Share of Permits & Licenses $12.00 Total Invoice - 2/2/2018 1:46:17 PM $12.00 Invoice - 2/2/2018 1:46:50 PM Background Checks 001-000-110-511-60-47-00 Background Check Costs $48.00 Total Invoice - 2/2/2018 1:46:50 PM $48.00 Invoice - 2/2/2018 1:47:47 PM Court/Phone Headset/Lifter 001-000-120-512-50-31-00 Office Supplies $203.46 Total Invoice - 2/2/2018 1:47:47 PM $203.46 Invoice - 2/2/2018 1:48:44 PM Court/Self Adhesive Address Rolls 001-000-120-512-50-31-00 Office Supplies $30.20 Total Invoice - 2/2/2018 1:48:44 PM $30.20 Invoice - 2/2/2018 1:50:11 PM Police/Office Supplies 001-000-210-521-10-31-00 Office Supplies $23.76 Total Invoice - 2/2/2018 1:50:11 PM $23.76 Invoice - 2/2/2018 1:51:24 PM Police/Office Supplies 001-000-210-521-10-31-00 Office Supplies $72.49 Total Invoice - 2/2/2018 1:51:24 PM $72.49 Invoice - 2/2/2018 1:52:48 PM Police Fuel 001-000-210-521-10-32-00 Fuel Consumed $53.05 Total Invoice - 2/2/2018 1:52:48 PM $53.05 Invoice - 2/2/2018 1:53:55 PM Coastal/Street Work Jackets 101-000-430-543-50-30-00 Supplies $108.19 Total Invoice - 2/2/2018 1:53:55 PM $108.19 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 25 second(s)Page 3 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 11 of 241 Vendor Number Reference Account Number Description Amount Invoice - 2/2/2018 1:57:58 PM Street/Outdoor Solar Lights 101-000-430-543-30-30-00 Supplies $114.68 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $123.32 Total Invoice - 2/2/2018 1:57:58 PM $238.00 Invoice - 2/2/2018 1:58:57 PM Police/Officer Training Fee 001-000-210-521-40-25-00 Training--Officers $250.00 Total Invoice - 2/2/2018 1:58:57 PM $250.00 Invoice - 2/2/2018 1:59:42 PM Police/Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $944.92 Total Invoice - 2/2/2018 1:59:42 PM $944.92 Invoice - 2/2/2018 2:01:48 PM Wellness Room 001-000-001-518-91-50-00 Wellness $8.65 Total Invoice - 2/2/2018 2:01:48 PM $8.65 Invoice - 2/2/2018 2:07:16 PM Police/Medical Freezer 001-000-210-521-10-35-00 Small Tools & Equipment $439.98 Total Invoice - 2/2/2018 2:07:16 PM $439.98 Invoice - 2/2/2018 2:20:40 PM Background Checks 001-001-000-589-30-00-15 State Share of Permits & Licenses $24.00 Total Invoice - 2/2/2018 2:20:40 PM $24.00 Invoice - 2/6/2018 1:29:20 PM Police/Supplies 001-000-210-594-21-60-00 Capital Outlay $92.95 Total Invoice - 2/6/2018 1:29:20 PM $92.95 Total 49506 $3,733.64 Total Banner Bank Mastercard $3,733.64 Battery Systems Inc 49507 2018 - February 2018 - February 2018 1st Council Meeting 4274085 Police/Vehicle Battery 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $126.65 Total 4274085 $126.65 4302678 Street/Vehicle Battery 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $105.69 Total 4302678 $105.69 Total 49507 $232.34 Total Battery Systems Inc $232.34 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 25 second(s)Page 4 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 12 of 241 Vendor Number Reference Account Number Description Amount Cdw Government, Inc 49508 2018 - February 2018 - February 2018 1st Council Meeting LHQ6074 Police/Travel Adapter 001-000-145-594-14-60-27 Capital - Cmptr Equip Police $153.83 Total LHQ6074 $153.83 LJV2463 Police/Computer Equipment 001-000-145-594-14-60-27 Capital - Cmptr Equip Police $104.41 Total LJV2463 $104.41 LMW3693 Credit 001-000-145-594-14-60-27 Capital - Cmptr Equip Police ($102.55) Total LMW3693 ($102.55) Total 49508 $155.69 Total Cdw Government, Inc $155.69 Chelan County Treasurer 49473 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/22/2018 2:26:45 PM November 2017 Remainder of Invoice. Check was shorted by A.S. in error 001-000-230-523-21-10-00 Housing & Monitoring Prisoners $630.00 Total Invoice - 1/22/2018 2:26:45 PM $630.00 Total 49473 $630.00 49509 2018 - February 2018 - February 2018 1st Council Meeting 010085-01723 4th Qtr 2017 Juvenile Fees 001-000-230-527-60-30-00 Juvenile Detention $8,760.00 Total 010085-01723 $8,760.00 Total 49509 $8,760.00 Total Chelan County Treasurer $9,390.00 Chelan Douglas Transportation Council c/o Douglas County Auditor Attn: Karen Goodwin 49510 2018 - February 2018 - February 2018 1st Council Meeting #cdtc-18 2018 Membership Dues 001-000-001-558-60-41-00 Chelan-Douglas Transportation Council $13,005.00 Total #cdtc-18 $13,005.00 Total 49510 $13,005.00 Total Chelan Douglas Transportation Council c/o Douglas County Auditor Attn: Karen Goodwin $13,005.00 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 25 second(s)Page 5 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 13 of 241 Vendor Number Reference Account Number Description Amount Chuck Johnson 49511 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/30/2018 1:35:44 PM Per Diem/AWC Training 001-000-110-511-60-43-00 Travel $412.39 Total Invoice - 1/30/2018 1:35:44 PM $412.39 Total 49511 $412.39 Total Chuck Johnson $412.39 Cinta's Corporation #607 49512 2018 - February 2018 - February 2018 1st Council Meeting 607202999 Supplies 001-000-210-521-10-48-00 Repairs & Maintenance $234.39 101-000-430-543-30-30-00 Supplies $204.82 Total 607202999 $439.21 607203000 Blue Mat Services 001-000-180-518-30-41-00 Professional Services $251.21 112-000-000-572-50-41-00 Facilities -- Professional Services $39.21 Total 607203000 $290.42 Total 49512 $729.63 Total Cinta's Corporation #607 $729.63 Coast to Coast Computer Products 49513 2018 - February 2018 - February 2018 1st Council Meeting A1755362 Street/Office Supplies 101-000-430-543-30-30-00 Supplies $60.14 Total A1755362 $60.14 A1758132 Police/Toners 001-000-210-521-10-31-00 Office Supplies $475.54 Total A1758132 $475.54 Total 49513 $535.68 Total Coast to Coast Computer Products $535.68 Coleman Oil Company 49514 2018 - February 2018 - February 2018 1st Council Meeting 0463352-IN Street/Supplies 501-000-000-542-90-48-25 Street Vehicle R&M Supplies $898.31 Total 0463352-IN $898.31 Total 49514 $898.31 Total Coleman Oil Company $898.31 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 25 second(s)Page 6 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 14 of 241 Vendor Number Reference Account Number Description Amount Commercial Printing CO 49515 2018 - February 2018 - February 2018 1st Council Meeting 104773 Court/Window Envelopes 001-000-120-512-50-31-00 Office Supplies $399.01 Total 104773 $399.01 Total 49515 $399.01 Total Commercial Printing CO $399.01 Consolidated Electrical Distributors Inc 49516 2018 - February 2018 - February 2018 1st Council Meeting 9360-693652 Street/Supplies 101-000-430-543-30-30-00 Supplies $64.00 Total 9360-693652 $64.00 Total 49516 $64.00 Total Consolidated Electrical Distributors Inc $64.00 DeVries Business Records Management Inc 49517 2018 - February 2018 - February 2018 1st Council Meeting 0094112 Police/On site Record Destruction 001-000-210-521-10-41-00 Professional Services $16.50 Total 0094112 $16.50 Total 49517 $16.50 Total DeVries Business Records Management Inc $16.50 Douglas CO Sewer District 49518 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/19/2018 3:16:02 PM Utilities 001-000-180-518-30-47-00 Utilities $76.00 Total Invoice - 1/19/2018 3:16:02 PM $76.00 Invoice - 1/19/2018 3:16:43 PM Utilities 001-000-180-518-30-47-00 Utilities $76.00 Total Invoice - 1/19/2018 3:16:43 PM $76.00 Invoice - 1/19/2018 3:17:09 PM Utilities 001-000-180-518-30-47-00 Utilities $76.00 Total Invoice - 1/19/2018 3:17:09 PM $76.00 Total 49518 $228.00 Total Douglas CO Sewer District $228.00 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 25 second(s)Page 7 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 15 of 241 Vendor Number Reference Account Number Description Amount Eagle Intermodal Services 49519 2018 - February 2018 - February 2018 1st Council Meeting R2200206250100 Street/Forklift Repair and Labor 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $137.96 Total R2200206250100 $137.96 Total 49519 $137.96 Total Eagle Intermodal Services $137.96 Envirotech Services, Inc 49520 2018 - February 2018 - February 2018 1st Council Meeting CD201806307 Street/Ice Slicer 101-000-420-542-66-30-00 Supplies $5,325.52 Total CD201806307 $5,325.52 Total 49520 $5,325.52 Total Envirotech Services, Inc $5,325.52 Equipment Mfg, Inc 49521 2018 - February 2018 - February 2018 1st Council Meeting 34084 Street/Plow Truck Parts 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $346.15 Total 34084 $346.15 Total 49521 $346.15 Total Equipment Mfg, Inc $346.15 Everado Tovar Morales 49522 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/26/2018 1:08:55 PM TBD Reimbursement/2000 Honda 105-000-000-317-60-00-00 Car Tab Fee Revenue $20.00 Total Invoice - 1/26/2018 1:08:55 PM $20.00 Invoice - 1/26/2018 1:09:30 PM TBD Reimbursement/1997 Nissan 105-000-000-317-60-00-00 Car Tab Fee Revenue $20.00 Total Invoice - 1/26/2018 1:09:30 PM $20.00 Total 49522 $40.00 Total Everado Tovar Morales $40.00 Fastenal Company 49523 2018 - February 2018 - February 2018 1st Council Meeting WAWEN157118 Street/Supplies 101-000-430-543-50-30-00 Supplies $62.69 Total WAWEN157118 $62.69 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 25 second(s)Page 8 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 16 of 241 Vendor Number Reference Account Number Description Amount WAWEN157352 Street/Supplies 101-000-430-543-50-30-00 Supplies $66.65 Total WAWEN157352 $66.65 WAWEN157483 Street/Supplies 101-000-430-543-50-30-00 Supplies $23.79 Total WAWEN157483 $23.79 WAWEN157531 Street/Supplies 101-000-430-543-50-30-00 Supplies $23.79 Total WAWEN157531 $23.79 WAWEN157626 Street/Supplies 101-000-430-543-30-30-00 Supplies $64.01 Total WAWEN157626 $64.01 WAWEN157974 Street/Supplies 101-000-420-542-66-30-00 Supplies $442.75 Total WAWEN157974 $442.75 WAWEN158146 Street/Supplies 101-000-430-543-50-30-00 Supplies $88.80 Total WAWEN158146 $88.80 WAWEN158363 Street/Supplies 101-000-420-542-66-30-00 Supplies $136.25 Total WAWEN158363 $136.25 Total 49523 $908.73 Total Fastenal Company $908.73 Frontier 49524 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/19/2018 3:17:38 PM Street Modems 101-000-420-542-64-47-00 Utilities $59.20 Total Invoice - 1/19/2018 3:17:38 PM $59.20 Invoice - 1/19/2018 3:19:44 PM Phone Service 001-000-180-518-30-47-00 Utilities $215.26 Total Invoice - 1/19/2018 3:19:44 PM $215.26 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 25 second(s)Page 9 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 17 of 241 Vendor Number Reference Account Number Description Amount Invoice - 2/2/2018 10:24:22 AM Street Modem 101-000-420-542-64-47-00 Utilities $60.27 Total Invoice - 2/2/2018 10:24:22 AM $60.27 Total 49524 $334.73 Total Frontier $334.73 Galls, LLC-DBA Blumenthal Uniform 49525 2018 - February 2018 - February 2018 1st Council Meeting 008534093 Police/Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $530.80 Total 008534093 $530.80 009041893 Police/Supplies 001-000-210-594-21-60-00 Capital Outlay $162.15 Total 009041893 $162.15 009053396 Police/Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $155.65 Total 009053396 $155.65 009078574 Police/Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $324.27 Total 009078574 $324.27 009092894 Street/LED Highlighter 101-000-313-542-42-48-00 Equipment Repair & Maintenance $238.58 101-000-420-542-75-30-00 Supplies $238.58 Total 009092894 $477.16 009106719 Police/Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $96.79 Total 009106719 $96.79 009142395 Police/Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $459.35 Total 009142395 $459.35 009142404 Police/Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $27.59 Total 009142404 $27.59 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 25 second(s)Page 10 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 18 of 241 Vendor Number Reference Account Number Description Amount 009150695 Police/Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $4.87 Total 009150695 $4.87 009150697 Police/Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $141.55 Total 009150697 $141.55 009170259 Police/Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $85.39 Total 009170259 $85.39 009170282 Police/Supplies 001-000-210-521-10-35-00 Small Tools & Equipment $636.05 Total 009170282 $636.05 Total 49525 $3,101.62 Total Galls, LLC-DBA Blumenthal Uniform $3,101.62 GISHAB 49526 2018 - February 2018 - February 2018 1st Council Meeting 22339275 Street/Lovold Training 101-000-313-542-42-45-00 Travel $75.00 101-000-430-544-90-35-00 Travel - Training $75.00 Total 22339275 $150.00 Total 49526 $150.00 Total GISHAB $150.00 In-Print 49527 2018 - February 2018 - February 2018 1st Council Meeting 0833 Police/Parking Vio Tickets 001-000-210-521-10-31-00 Office Supplies $252.87 Total 0833 $252.87 0846 Police/Business Cards 001-000-210-521-10-31-00 Office Supplies $129.88 Total 0846 $129.88 0902 January 2018 City Newsletter 001-000-110-511-60-31-05 Newsletter Printing & Mailing $4,745.52 Total 0902 $4,745.52 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 11 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 19 of 241 Vendor Number Reference Account Number Description Amount 0902M January 2018 City Newsletters 001-000-110-511-60-31-05 Newsletter Printing & Mailing $1,946.08 Total 0902M $1,946.08 Total 49527 $7,074.35 Total In-Print $7,074.35 James Brandon Johnson 49528 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/30/2018 1:23:30 PM Per Diem/Training-Cell Phone Investigations 001-000-210-521-10-43-00 Travel $359.85 Total Invoice - 1/30/2018 1:23:30 PM $359.85 Total 49528 $359.85 Total James Brandon Johnson $359.85 James Marshall 49529 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/30/2018 12:52:26 PM 2018 Clothing Allowance 001-000-210-521-10-20-01 Clothing Allowance $600.00 Total Invoice - 1/30/2018 12:52:26 PM $600.00 Total 49529 $600.00 Total James Marshall $600.00 Jerry's Auto Supply 49530 2018 - February 2018 - February 2018 1st Council Meeting 787627 Street/Vehicle Repairs 101-000-420-542-75-30-00 Supplies $14.09 Total 787627 $14.09 Total 49530 $14.09 Total Jerry's Auto Supply $14.09 Joe Hinkle 49531 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/26/2018 1:15:37 PM 2018 Clothing Allowance 001-000-210-521-10-20-01 Clothing Allowance $472.35 Total Invoice - 1/26/2018 1:15:37 PM $472.35 Total 49531 $472.35 Total Joe Hinkle $472.35 Key Methods, LLC 49532 2018 - February 2018 - February 2018 1st Council Meeting CF59727 Computer Maintenance 001-000-145-594-14-60-20 Capital - Cmptr Software Admin $6,294.96 Total CF59727 $6,294.96 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 12 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 20 of 241 Vendor Number Reference Account Number Description Amount CF59872 Computer Maintenance 001-000-145-514-20-40-00 Network Services $4,120.79 Total CF59872 $4,120.79 CF59886 Computer Maintenance 001-000-145-514-20-40-00 Network Services $2,671.46 Total CF59886 $2,671.46 CF60108 Computer Maintenance 001-000-145-594-14-60-40 Capital - Cmptr Sftwr Police $354.08 Total CF60108 $354.08 Total 49532 $13,441.29 Total Key Methods, LLC $13,441.29 Keyhole Security Center Inc 49533 2018 - February 2018 - February 2018 1st Council Meeting 289980 Keys 101-000-430-543-30-30-00 Supplies $16.23 Total 289980 $16.23 Total 49533 $16.23 Total Keyhole Security Center Inc $16.23 Kottkamp & Yedinak, Pllc 49534 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/30/2018 1:13:16 PM February 2018 Public Defender Fee/Service of Process Fee 001-000-110-511-60-21-50 Public Defender $4,300.00 Total Invoice - 1/30/2018 1:13:16 PM $4,300.00 Total 49534 $4,300.00 Total Kottkamp & Yedinak, Pllc $4,300.00 Michael Robins 49535 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/30/2018 1:29:31 PM Per Diem/Training Cell Phone Investigations 001-000-210-521-10-43-00 Travel $359.85 Total Invoice - 1/30/2018 1:29:31 PM $359.85 Total 49535 $359.85 Total Michael Robins $359.85 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 13 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 21 of 241 Vendor Number Reference Account Number Description Amount Miguel Valdez 49536 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/30/2018 1:31:42 PM Per Diem/Training-Lateral Vascular Neck Restraint 001-000-210-521-10-43-00 Travel $845.73 Total Invoice - 1/30/2018 1:31:42 PM $845.73 Total 49536 $845.73 Total Miguel Valdez $845.73 Moon Security 49537 2018 - February 2018 - February 2018 1st Council Meeting 909733 Police/Security 001-000-210-521-10-41-00 Professional Services $33.00 Total 909733 $33.00 911431 Police/Basic Commercial Monitoriing 001-000-180-518-30-41-05 Security Services $65.90 Total 911431 $65.90 Total 49537 $98.90 Total Moon Security $98.90 NCW Towing 49538 2018 - February 2018 - February 2018 1st Council Meeting 17715 Police/Impound 001-000-210-521-10-41-00 Professional Services $194.76 Total 17715 $194.76 18432 Police/Impound 001-000-210-521-10-41-00 Professional Services $205.58 Total 18432 $205.58 18503 Police/Impound 001-000-210-521-10-41-00 Professional Services $205.96 Total 18503 $205.96 18535 Police/Impound 001-000-210-521-10-41-00 Professional Services $205.96 Total 18535 $205.96 Total 49538 $812.26 Total NCW Towing $812.26 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 14 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 22 of 241 Vendor Number Reference Account Number Description Amount Notary Public Program D.O.L. 49539 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 2/6/2018 1:34:58 PM Allen/Notary 001-000-110-511-60-49-00 Miscellaneous $30.00 Total Invoice - 2/6/2018 1:34:58 PM $30.00 Total 49539 $30.00 Total Notary Public Program D.O.L.$30.00 Office Depot 49540 2018 - February 2018 - February 2018 1st Council Meeting 100931066001 Finance Office Supplies 001-000-110-511-60-31-00 Office Supplies $70.97 Total 100931066001 $70.97 100931466001 Finance/Office Supplies 001-000-142-514-20-31-00 Office Supplies $20.86 Total 100931466001 $20.86 100931467001 Central Stores 001-000-140-514-20-31-01 Central Stores $7.02 Total 100931467001 $7.02 2137802153 Central Stores 001-000-140-514-20-31-01 Central Stores $34.10 Total 2137802153 $34.10 2142463464 Central Stores 001-000-140-514-20-31-01 Central Stores $47.67 Total 2142463464 $47.67 2145691907 Finance/Supplies 001-000-142-514-20-31-00 Office Supplies $248.13 Total 2145691907 $248.13 2150922069 Filing Boxes 001-000-140-514-20-31-01 Central Stores $27.09 Total 2150922069 $27.09 2154246425 Credit 001-000-142-514-20-31-00 Office Supplies ($128.92) Total 2154246425 ($128.92) Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 15 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 23 of 241 Vendor Number Reference Account Number Description Amount 951189224001B Credit 001-000-180-518-30-35-00 Small Tools & Equipment ($67.71) Total 951189224001B ($67.71) 997545433001 City Clerk Office Supplies 001-000-140-514-20-31-00 Office Supplies $227.21 Total 997545433001 $227.21 997553173001 Police/Office Supplies 001-000-210-521-10-31-00 Office Supplies $87.61 Total 997553173001 $87.61 997553277001 Police, Clerk/Supplies 001-000-140-514-20-31-01 Central Stores $80.80 001-000-210-521-10-31-00 Office Supplies $68.03 Total 997553277001 $148.83 997553278001 Police/Office Supplies 001-000-210-521-10-31-00 Office Supplies $11.88 Total 997553278001 $11.88 Total 49540 $734.74 Total Office Depot $734.74 Onstream Systems Limited 49541 2018 - February 2018 - February 2018 1st Council Meeting INV:ONS001759 Annual Software Maintenance for Records 001-000-145-594-14-60-27 Capital - Cmptr Equip Police $155.42 Total INV:ONS001759 $155.42 Total 49541 $155.42 Total Onstream Systems Limited $155.42 Oxarc, Inc 49542 2018 - February 2018 - February 2018 1st Council Meeting 30249567 Street/Fire Extinguisher 101-000-430-543-30-30-00 Supplies $44.18 Total 30249567 $44.18 Total 49542 $44.18 Total Oxarc, Inc $44.18 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 16 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 24 of 241 Vendor Number Reference Account Number Description Amount Patrick McMahon 49543 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/30/2018 1:39:10 PM Pro-tem Judge/1-26-18 001-000-120-512-50-49-02 Judge Protems $75.00 Total Invoice - 1/30/2018 1:39:10 PM $75.00 Total 49543 $75.00 Total Patrick McMahon $75.00 Planning Association of Washington 49544 2018 - February 2018 - February 2018 1st Council Meeting 1254 Planning/2018 Annual Membership 001-000-580-558-60-49-00 Miscellaneous $100.00 Total 1254 $100.00 Total 49544 $100.00 Total Planning Association of Washington $100.00 Police Technical 49474 2018 - February 2018 - February 2018 1st Council Meeting 16665 Johnson/Robins training 001-000-210-521-40-25-00 Training--Officers $900.00 Total 16665 $900.00 Total 49474 $900.00 Total Police Technical $900.00 Pud #1 of Douglas County 49545 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/26/2018 11:35:33 AM Utilities 001-000-180-518-30-47-00 Utilities $1,456.00 001-000-180-518-30-47-00 Utilities $140.00 101-000-420-542-63-47-00 Utilities $605.00 101-000-420-542-64-47-00 Utilities $106.00 101-000-420-542-75-47-00 Utilities $47.00 101-000-430-543-50-47-00 Utilities $161.00 112-000-000-572-50-47-00 Facilities--Utilities $224.00 Total Invoice - 1/26/2018 11:35:33 AM $2,739.00 Invoice - 1/26/2018 12:30:16 PM Utilities 101-000-420-542-63-47-00 Utilities $14.00 Total Invoice - 1/26/2018 12:30:16 PM $14.00 Invoice - 2/2/2018 10:24:50 AM Utilities 101-000-420-542-63-47-00 Utilities $30.00 Total Invoice - 2/2/2018 10:24:50 AM $30.00 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 17 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 25 of 241 Vendor Number Reference Account Number Description Amount Invoice - 2/2/2018 10:35:50 AM Utilities 001-000-180-518-30-47-00 Utilities $2,162.00 101-000-420-542-63-47-00 Utilities $470.00 101-000-420-542-64-47-00 Utilities $286.00 112-000-000-572-50-47-00 Facilities--Utilities $337.00 Total Invoice - 2/2/2018 10:35:50 AM $3,255.00 Invoice - 2/7/2018 9:27:38 AM Utilities 101-000-420-542-63-47-00 Utilities $39.00 Total Invoice - 2/7/2018 9:27:38 AM $39.00 Total 49545 $6,077.00 Total Pud #1 of Douglas County $6,077.00 Randy's Auto Parts & Towing 49546 2018 - February 2018 - February 2018 1st Council Meeting 56842 Police/Impound 001-000-210-521-10-41-00 Professional Services $362.47 Total 56842 $362.47 56878 Police/Impound 001-000-210-521-10-41-00 Professional Services $151.48 Total 56878 $151.48 Total 49546 $513.95 Total Randy's Auto Parts & Towing $513.95 Resort Radio Llc 49547 2018 - February 2018 - February 2018 1st Council Meeting IN-117124229 Events/Wings&Wheels Advertising 117-000-500-557-30-44-01 Christmas Advertising $98.00 Total IN-117124229 $98.00 Total 49547 $98.00 Total Resort Radio Llc $98.00 Rhett Carpenter dba: Safety, Health, & Environmental Services LLC 49548 2018 - February 2018 - February 2018 1st Council Meeting 1807 Street/Forklift and Flagger Certifications 101-000-430-544-90-49-01 Training Miscellaneous $1,250.00 Total 1807 $1,250.00 Total 49548 $1,250.00 Total Rhett Carpenter dba: Safety, Health, & Environmental Services LLC $1,250.00 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 18 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 26 of 241 Vendor Number Reference Account Number Description Amount Rivercom 49549 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/30/2018 1:10:09 PM Feb 2018 Dispatch Services 001-000-001-528-70-51-00 River Com $26,835.50 Total Invoice - 1/30/2018 1:10:09 PM $26,835.50 Total 49549 $26,835.50 Total Rivercom $26,835.50 Roadwise, Inc 49550 2018 - February 2018 - February 2018 1st Council Meeting SLT2018005 Street/Rapid Thaw 101-000-420-542-66-30-00 Supplies $13,664.60 Total SLT2018005 $13,664.60 Total 49550 $13,664.60 Total Roadwise, Inc $13,664.60 Robert M Trask Agency Inc 49551 2018 - February 2018 - February 2018 1st Council Meeting 2741 New Notary Stamp and Bond 001-000-110-511-60-41-00 Professional Services $115.00 Total 2741 $115.00 Total 49551 $115.00 Total Robert M Trask Agency Inc $115.00 Selland Construction, Inc 49552 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/26/2018 12:23:03 PM Highline Drive Improvements 301-000-000-595-30-40-20 Roadway - Highline Drive TIB $38,950.00 Total Invoice - 1/26/2018 12:23:03 PM $38,950.00 Total 49552 $38,950.00 Total Selland Construction, Inc $38,950.00 Shea Car & Jewell Inc DBA Alliance Consulting Group Inc 49553 2018 - February 2018 - February 2018 1st Council Meeting 52943 Gateway Park Design Development 314-000-000-594-22-60-40 Purchase-Improve Gateway Property $405.50 Total 52943 $405.50 Total 49553 $405.50 Total Shea Car & Jewell Inc DBA Alliance Consulting Group Inc $405.50 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 19 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 27 of 241 Vendor Number Reference Account Number Description Amount Sirchie Finger Print Laboratories 49554 2018 - February 2018 - February 2018 1st Council Meeting 0331919-IN Police/Supplies 001-000-210-594-21-60-00 Capital Outlay $518.58 Total 0331919-IN $518.58 0332366-IN Police/Supplies 001-000-210-594-21-60-00 Capital Outlay $77.40 Total 0332366-IN $77.40 Total 49554 $595.98 Total Sirchie Finger Print Laboratories $595.98 Staples Business Advantage 49555 2018 - February 2018 - February 2018 1st Council Meeting 3367145452 Janitorial and Central Supplies 001-000-180-518-30-41-01 Contracted Custodial Services $121.09 Total 3367145452 $121.09 3367145454 Janitorial and Central Supplies 001-000-180-518-30-41-01 Contracted Custodial Services $81.65 Total 3367145454 $81.65 3367145456 Janitorial and Central Supplies 001-000-140-514-20-31-00 Office Supplies $20.03 001-000-180-518-30-41-01 Contracted Custodial Services $40.53 Total 3367145456 $60.56 3367145462 Police/Batteries and Supplies 001-000-210-521-10-31-00 Office Supplies $72.74 Total 3367145462 $72.74 Total 49555 $336.04 Total Staples Business Advantage $336.04 Star Rentals 49556 2018 - February 2018 - February 2018 1st Council Meeting 285074-14 Street/Supplies 001-000-180-518-30-48-00 Repairs & Maintenance $135.50 Total 285074-14 $135.50 Total 49556 $135.50 Total Star Rentals $135.50 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 20 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 28 of 241 Vendor Number Reference Account Number Description Amount The Ups Store 49557 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 2/6/2018 1:05:01 PM Postage 001-000-210-521-10-42-03 Postage $167.05 Total Invoice - 2/6/2018 1:05:01 PM $167.05 Total 49557 $167.05 Total The Ups Store $167.05 The Wenatchee World 49475 2018 - February 2018 - February 2018 1st Council Meeting AD#46083 Summary of Ordinance 2017-19 001-000-140-514-20-44-00 Advertising $147.39 Total AD#46083 $147.39 Total 49475 $147.39 49558 2018 - February 2018 - February 2018 1st Council Meeting AD#48665 Code/Notice of Public Hearing 001-000-580-558-60-44-00 Advertising $164.73 Total AD#48665 $164.73 AD#48666 Code/Notice of Public Hearing 001-000-580-558-60-44-00 Advertising $216.75 Total AD#48666 $216.75 Total 49558 $381.48 Total The Wenatchee World $528.87 Tony Ditommaso PS 49559 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/30/2018 1:21:09 PM February 2018 Public Defender Fee/Service of Process Fee 001-000-110-511-60-21-50 Public Defender $4,300.00 Total Invoice - 1/30/2018 1:21:09 PM $4,300.00 Total 49559 $4,300.00 Total Tony Ditommaso PS $4,300.00 Town Ford Inc 49560 2018 - February 2018 - February 2018 1st Council Meeting 164263 Police Vehicle Repairs 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $294.23 Total 164263 $294.23 Total 49560 $294.23 Total Town Ford Inc $294.23 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 21 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 29 of 241 Vendor Number Reference Account Number Description Amount Traffic Safety Supply 49561 2018 - February 2018 - February 2018 1st Council Meeting 138049 Street/Traffic Supplies 101-000-420-542-64-30-00 Supplies $1,856.16 Total 138049 $1,856.16 138794 Street/Traffic Supplies 101-000-420-542-64-30-00 Supplies $577.79 Total 138794 $577.79 Total 49561 $2,433.95 Total Traffic Safety Supply $2,433.95 Uline 49562 2018 - February 2018 - February 2018 1st Council Meeting 93849517 Police/Supplies 001-000-210-594-21-60-00 Capital Outlay $694.25 Total 93849517 $694.25 Total 49562 $694.25 Total Uline $694.25 Uncle Sam's Flag & Gift 49563 2018 - February 2018 - February 2018 1st Council Meeting 18012901 U.S. Flag 001-000-180-518-30-49-00 Miscellaneous $194.76 Total 18012901 $194.76 Total 49563 $194.76 Total Uncle Sam's Flag & Gift $194.76 Verizon Wireless 49564 2018 - February 2018 - February 2018 1st Council Meeting 9799215532 Cell Phone Services 001-000-210-521-10-42-01 Telephone $1,773.48 Total 9799215532 $1,773.48 Total 49564 $1,773.48 Total Verizon Wireless $1,773.48 Wash Assoc of Sheriffs 49565 2018 - February 2018 - February 2018 1st Council Meeting DUES 2018-00150 Police/2018 Active Dues 001-000-210-521-10-49-00 Miscellaneous $245.00 Total DUES 2018-00150 $245.00 Total 49565 $245.00 Total Wash Assoc of Sheriffs $245.00 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 22 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 30 of 241 Vendor Number Reference Account Number Description Amount Wash ST Dept of Licensing 49566 2018 - February 2018 - February 2018 1st Council Meeting EWP000831 Solorio Mendez Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000831 Solorio Mendez $18.00 EWP000832 Kinkade Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000832 Kinkade $18.00 EWP000833 Maupin Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000833 Maupin $18.00 EWP000835 Johnson Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000835 Johnson $18.00 EWP000836 Ryzhkov Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000836 Ryzhkov $18.00 EWP000837 Sanchez Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000837 Sanchez $18.00 EWP000838 Aldrich Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000838 Aldrich $18.00 EWP000839 Johnson Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000839 Johnson $18.00 EWP000840 Blaufuss Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000840 Blaufuss $18.00 EWP000841 Phillips Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000841 Phillips $18.00 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 23 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 31 of 241 Vendor Number Reference Account Number Description Amount EWP000842 Osborne Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000842 Osborne $18.00 EWP000843 Reuss Late Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $21.00 Total EWP000843 Reuss $21.00 EWP000844 Dugger Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000844 Dugger $18.00 EWP000845 Moore Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000845 Moore $18.00 EWP000847 Garcia Reyes Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000847 Garcia Reyes $18.00 EWP000848 Shepard Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000848 Shepard $18.00 EWP000849 Darwood Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000849 Darwood $18.00 EWP000850 Risen Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000850 Risen $18.00 EWP000851 Faulconer Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000851 Faulconer $18.00 EWP000852 Davies Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000852 Davies $18.00 EWP000853 McGregor Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000853 McGregor $18.00 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 24 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 32 of 241 Vendor Number Reference Account Number Description Amount EWP000854 Lucas Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000854 Lucas $18.00 EWP000855 Rasmussen Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000855 Rasmussen $18.00 EWP000856 Lawson Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000856 Lawson $18.00 EWP000857 Day Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000857 Day $18.00 EWP000858 Palmer Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000858 Palmer $18.00 EWP000859 Cleek Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000859 Cleek $18.00 EWP000860 Lammers Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000860 Lammers $18.00 EWP000861 Reeves Gun Permit 001-001-000-589-30-00-15 State Share of Permits & Licenses $18.00 Total EWP000861 Reeves $18.00 Total 49566 $525.00 Total Wash ST Dept of Licensing $525.00 Wash State Treasurer 49567 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 2/6/2018 1:24:07 PM January 2018 Court Remittance 001-001-000-589-30-00-20 Court Remittances $15,976.10 Total Invoice - 2/6/2018 1:24:07 PM $15,976.10 Total 49567 $15,976.10 Total Wash State Treasurer $15,976.10 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 25 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 33 of 241 Vendor Number Reference Account Number Description Amount Wenatchee Valley Humane Society 49568 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/30/2018 1:11:14 PM Feb 2018 Animal Control Services 001-000-001-539-30-51-00 Animal Control $6,126.24 Total Invoice - 1/30/2018 1:11:14 PM $6,126.24 Total 49568 $6,126.24 Total Wenatchee Valley Humane Society $6,126.24 Wenatchee Valley Museum & Cultural Center 49569 2018 - February 2018 - February 2018 1st Council Meeting Invoice - 1/30/2018 1:08:13 PM February 2018 Contract Agreement 001-000-001-558-70-41-15 Wenatchee Valley Museum & CC $9,273.00 Total Invoice - 1/30/2018 1:08:13 PM $9,273.00 Total 49569 $9,273.00 Total Wenatchee Valley Museum & Cultural Center $9,273.00 Workland Auto Parts, Inc. 49570 2018 - February 2018 - February 2018 1st Council Meeting 209535 Police/Supplies 501-000-000-521-10-48-00 Police Vehicle Repairs & Maintenance $145.95 Total 209535 $145.95 209975 Street/Battery Kill Switch for Loader 501-000-000-542-90-48-30 Street Equipment R&M $85.08 Total 209975 $85.08 210245 Street/Supplies 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $26.97 Total 210245 $26.97 210367 Street/Supplies 501-000-000-542-90-48-25 Street Vehicle R&M Supplies $46.59 Total 210367 $46.59 210500 Street/Oil Filters 501-000-000-542-90-48-30 Street Equipment R&M $34.03 Total 210500 $34.03 210523 Street/Air Filters 501-000-000-542-90-48-25 Street Vehicle R&M Supplies $45.04 Total 210523 $45.04 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 26 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 34 of 241 Vendor Number Reference Account Number Description Amount 210541 Street/Supplies 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $36.42 Total 210541 $36.42 210578 Street/Supplies 501-000-000-542-90-48-25 Street Vehicle R&M Supplies $93.19 Total 210578 $93.19 210587 Street/Supplies 501-000-000-542-90-48-25 Street Vehicle R&M Supplies $57.88 Total 210587 $57.88 210646 Street/Supplies 101-000-430-543-30-30-00 Supplies $12.03 Total 210646 $12.03 210720 Street/O-Valve 501-000-000-542-90-48-30 Street Equipment R&M $156.07 Total 210720 $156.07 210802 Street/Supplies 501-000-000-542-90-48-25 Street Vehicle R&M Supplies $68.80 Total 210802 $68.80 210984 Street/Spark Plugs 501-000-000-542-90-48-30 Street Equipment R&M $2.68 Total 210984 $2.68 211018 Street/Spark Plug and Accessory 501-000-000-542-90-48-20 Street Vehicle Repairs & Maintenance $8.86 Total 211018 $8.86 211240 Street/Spark Plugs 501-000-000-542-90-48-30 Street Equipment R&M $2.17 Total 211240 $2.17 211616 Street/Paint Machine Supplies 501-000-000-542-90-48-30 Street Equipment R&M $9.80 Total 211616 $9.80 211620 Street/Supplies 501-000-000-542-90-48-25 Street Vehicle R&M Supplies $87.06 Total 211620 $87.06 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 27 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 35 of 241 Vendor Number Reference Account Number Description Amount 211698 Street/Paint Machine Supplies 501-000-000-542-90-48-30 Street Equipment R&M $21.61 Total 211698 $21.61 211736 Street/Supplies for Paint Machines 501-000-000-542-90-48-30 Street Equipment R&M $17.42 Total 211736 $17.42 Total 49570 $957.65 Total Workland Auto Parts, Inc.$957.65 Grand Total Vendor Count 71 $209,010.16 Printed by EASTWENATCHEE\ASchulz on 2/7/2018 10:36:01 AMExecution Time: 26 second(s)Page 28 of 28 East Wenatchee - Voucher Directory 02-13-2018 Council Meeting Agenda Packet Page 36 of 241 Public Works Report February 7, 2018 Highline Drive Reconstruction Utilizing Transportation Improvement Board (TIB) funding, the Highline Drive Reconstruction Project improved the roadway from Grant Road to 3rd Street SE. The deteriorated pavement was completely reconstructed while adding bike lanes, additional illumination, and the stormwater collection system was enhanced. A compact roundabout was also constructed at the intersection of Highline Drive and Simon Street. Current Status: - Substantial Completion obtained on October 13, 2017; - As of February 7, 2018, the project is 100% complete with zero (0) Change Orders and $111,723.78 under budget (see table below); - A draft Closeout Updated Cost Estimate was sent to TIB for review on January 11, 2018; - RH2 Engineering will continue to work on as-builts and finalize TIB closeout documents; - Final Contract Voucher Certificate executed by Mayor Lacy on January 31, 2018. Summary of Costs: Highline Dr Construction Costs Group 1 City/TIB Group 2 Water District Group 3 Sewer District Total Contract Amount $1,739,806.90 $496,587.35 $325,940.50 $2,562,334.75 Actual Costs $1,690,571.04 $464,337.37 $295,702.56 $2,450,610.97 Delta $49,235.86 $32,249.98 $30,237.94 $111,723.78 02-13-2018 Council Meeting Agenda Packet Page 37 of 241 Baker Avenue Reconstruction Utilizing TIB and Greater East Wenatchee Stormwater Utility funding, the Baker Avenue Reconstruction Project reconstructed Baker Avenue from 15th Street NE to the City limits (approximately near Sand Canyon). This project added illumination, sidewalks to the west side of the roadway, provided bike lanes, installed a stormwater collection and treatment system, and enhanced the 19th Street intersection by adding turn lanes. Also, a 96” culvert was added to Sand Canyon to provide additional runoff capacity. Current Status: - As of November 20, 2017, this project is substantially complete; - As of February 7, 2018, there are three (3) punch list items that need to be addressed in the spring: o Complete landscape plantings and irrigation restoration for both of the following: Canyon Creek Condominium property and Clyde Ballard property; o Complete the landscape restoration plantings of bushes and trees for the habitat protected areas along Sand Canyon Creek for both the Canyon Creek Condominium property and Everett Gill property; o Decision as to whether or not to install survey monument at intersection of 17th Street and Baker Avenue. - To date, this project has 16 Change Orders and a number of minor changes that will be evaluated by staff and contract engineer. 5th Street Sidewalks and Storm Sewer Improvements The 5th Street Sidewalk/Storm Sewer project will construct new sidewalks on 5th Street NE from Baker Avenue to Eastmont Avenue. Sidewalk construction will necessitate the need for a new storm sewer system as well. Current Status: - As of November 14, 2017, the project is in winter shutdown; construction will resume as the weather allows during the spring; 02-13-2018 Council Meeting Agenda Packet Page 38 of 241 - Work remaining includes sidewalk, curb, gutter, and all work associated with final paving (e.g., raising utilities, striping, setting catch basin frames); - The City received an updated baseline schedule on February 3, 2018 from Moreno and Nelson Construction that reflects a May 7, 2018 startup. Astor Court/Ashland Avenue Stormwater Project The City has known and documented drainage problems at the 1600 block of Ashland Avenue and the 1600 block of Astor Court. These drainage problems are a result of the surrounding topography (e.g., low point in the roadway profile) in conjunction with a lack of storm sewer infrastructure in the area. At these locations, property owners have experienced property damage associated with the drainage problems (e.g., flooded basements, runoff discharging to swimming pool, persistent ponding). On March 14, 2017, SCJ Alliance was awarded a professional services contract to design a solution for the mentioned drainage issues. Current Status: - Final design and associated bid documents approved on February 1, 2018; - Bid solicitation letters sent out on February 5, 2018; - Bid Opening: February 20, 2018. Valley Mall Parkway Traffic Signal Controller A new traffic signal controller was installed at Valley Mall Parkway and 6th St NE during the fall of 2017. Current Status: - The City is waiting for a final invoice from the WSDOT before seeking reimbursement through the Douglas County Regional Council. 2018 TIB Overlay Grant TIB grant funds have been successfully obtained to overlay two (2) segments of roadway in the City (5th Street between Baker Ave and Eastmont Ave; S Kentucky 02-13-2018 Council Meeting Agenda Packet Page 39 of 241 Ave between Grant Rd and 4th St SE). In addition, this project will reconstruct associated non-compliant sidewalk ramps to meet current ADA standards. This project will require coordination with the Douglas County Sewer District and East Wenatchee Water District. The anticipated start of construction for this project is late spring/early summer 2018. Current Status: - Request for Proposal (RFP) letters were sent out to local engineering firms for design services on January 2, 2018; - Staff selection committee reviewed proposals, selected a firm, and is awaiting City Council approval. 2018 Transportation Benefit District (TBD) Residential Overlay Project Similar to 2017, the 2018 TBD Residential Overlay Project will be built into East Wenatchee Water District (Water District) capital projects. The Water District will invoice the City for the appropriate paving related bid items. 2018 Relight Washington Streetlight Conversion Project In 2017, the Transportation Improvement Board (TIB) approved the Relight Washington Grant for the conversion of all City streetlights to LED. The grant covers 100% of the conversion cost. Douglas PUD purchased the new LED fixtures for the City and will be reimbursed through the TIB grant. Current Status: - Bid solicitation letters sent out on February 7, 2018; - Bid Opening: February 28, 2018. Greater East Wenatchee Stormwater Utility Currently, revisions are being made to the existing interlocal agreement (ILA) between the City and Douglas County (County) for storm and surface water management. New City/County Stormwater Program Management Fund sections 02-13-2018 Council Meeting Agenda Packet Page 40 of 241 will be included in the revised ILA. These new sections will allow for more discretionary funding for each the County and City. For example, after revenue is allocated to the joint administration and joint capital accounts, the remaining funds will be distributed to each of the discretionary Stormwater Program Management Funds on a pro rata share basis. This will give both the City and County more flexibility with spending stormwater utility funds while maintaining a joint capital account for regional stormwater projects. - Next SWU meeting is scheduled for February 15, 2018. 02-13-2018 Council Meeting Agenda Packet Page 41 of 241 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council. From/Presenter: Lori Barnett, Community Development Director Subject: Request for deferral of street improvements for the Wenatchee Kennel Club Dog Sports Training Center Date: February 13, 2018 I. Summary Title: Wenatchee Kennel Club request for deferral of required public improvements. II. Background/History: The Wenatchee Kennel Club (WKC) is in the process of buying property in East Wenatchee to relocate their dog training facility. They have selected a site just east of Rock Island Road between 1st Street SE and McGee Street. The subject property includes 4 vacant lots located at 205 & 215 McGee St. SE and 200 & 210 1st St. SE. See Exhibit 2 for a Vicinity Map showing the location of the subject property. The WKC proposal is to submit a building permit to construct a building, parking lot, and landscaping improvements for an indoor/outdoor dog training center, club house and administrative offices. Exhibit 1 includes a letter from the WKC and copies of plans and profiles for the proposed facility along with a preliminary estimate of the cost of the improvements. The required public improvements would include stormwater management facilities, water line upgrades, curb, gutter, sidewalk, street illumination and a pavement patch to complete the south half of 1st St. SE. No improvements on McGee Street would be required since they are not proposing to access that street. In accordance with the provisions of chapter 15.48 East Wenatchee Municipal Code (EWMC), the WKC is requesting that the City Council defer the design and installation of required public improvements along 1st St. NE. If the Council approves the deferral, the Applicant and the City will execute a concomitant improvement agreement to assure the installation of the improvements, at the owner’s expense, when deemed necessary by the City. The agreement will be recorded and will be in place for 15 years. The Applicant’s engineer will finalize the estimated cost of the improvements that will be included as Exhibit B to the agreement. 15.48.130 Deferment - Criteria. The city may grant a deferment for the implementation of the required improvements at a later time for any of the following reasons A. If the installation of the required improvements at the present time would create a serious safety hazard because compatible improvements have not yet been installed in the right-of-way fronting the neighboring property; 02-13-2018 Council Meeting Agenda Packet Page 42 of 241 B. If the proper vertical or horizontal alignment for the required improvements cannot be determined because the streets from which the alignment must be determined do not have the correct alignments; C. If constructing the required improvements in the proper vertical and horizontal alignment will cause the new improvements to function improperly or unsafely with existing connecting improvements; provided, that when the proper alignment can be determined but has not been, and the proposed development contains five or more dwelling units or 500 square feet or more of nonresidential gross floor area, the applicant shall have the necessary engineering completed for the establishment of the alignment; or D. If the subject property is not a corner lot, and there are no existing permanent right-of-way improvements similar to the standards required by this chapter on the same side of the adjacent right-of-way within 100 feet of the subject property, and the construction of the required improvements would not provide a useful link in the transportation and storm water system. Exhibit 3 is an enlarged map of the subject property and neighborhood showing the lack of street improvements along that street. Based upon the criteria noted above, the City Council may rely upon the following findings to support the deferral: A. No curb, gutter, sidewalks or stormwater conveyance systems exist on 1st St. SE between Rock Island Road and McGee Street. B. The nearest sidewalk, curb, and gutter is more than 330 feet west of the subject property and serves Rock Island Road. C. The installation of improvements would create a serious safety hazard because compatible improvements have not yet been installed in the right- of-way fronting the neighboring properties. III. Recommended Action: Staff requests a motion for approval of the deferral and authorization for the Mayor to sign the Concomitant Improvement Agreement with the WKC based upon the findings noted above. IV. Exhibits: 1. Letter requesting deferral with site plan and preliminary cost estimate 2. Vicinity Map. 3. Detail Map of subject property Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 $ 0 $ 0 02-13-2018 Council Meeting Agenda Packet Page 43 of 241 Exhibit 102-13-2018 Council Meeting Agenda Packet Page 44 of 241 02-13-2018 Council Meeting Agenda Packet Page 45 of 241 02-13-2018 Council Meeting Agenda Packet Page 46 of 241 02-13-2018 Council Meeting Agenda Packet Page 47 of 241 S R 2 8S R 2 8 G r a n t R d G r a n t R d S i m o n S tS i m o n S t 1 s t S t S E 1 s t S t S ER i v e r v i e w D rR i v e r v i e w D rR o c k I s l a n d R dR o c k I s l a n d R d 2 n d S t S E 2 n d S t S E M c G e e S t S E M c G e e S t S E S R 2 8 S R 2 8 F 0 80 16040 Feet City of East Wenatchee This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map. Vicinity MapWenatchee Valley Kennel Club Coastal Farm and Ranch 2/7/2018 Subject Properties Legend Parcel Boundaries Exhibit 202-13-2018 Council Meeting Agenda Packet Page 48 of 241 S i m o n S tS i m o n S t 1 s t S t S E 1 s t S t S ER o c k I s l a n d R dR o c k I s l a n d R d M c G e e S t S E M c G e e S t S E S D e a n A v eS D e a n A v e F 0 50 10025 Feet City of East Wenatchee This map is intended for general purposes only. The City of East Wenatchee makes no representation as to the accuracy or current condition of the data shown on this map. Detail MapWenatchee Valley Kennel Club 2/7/2018 Subject Properties Legend Exhibit 3 330' 02-13-2018 Council Meeting Agenda Packet Page 49 of 241 02-13-2018 Council Meeting Agenda Packet Page 50 of 241 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council. From/Presenter: Lori Barnett, Community Development Director Subject: Update to East Wenatchee Community Video on website Date: February 13, 2018 I. Summary Title: 2018 Community Video Program - Proposed agreement with CGI Communications for an update to the East Wenatchee Community Video. II. Background/History: CGI Communications works in partnership with the National League of Cities to provide communities with free promotional videos. The City of East Wenatchee worked with CGI in 2012 to develop the video that is currently on the City’s website. Council approved that agreement on April 24, 2012. CGI provides up to six, one-minute videos. They are also offering an additional video for community organizations to promote local charities, nonprofits and community organizations. CGI prepares scripts, films the videos and houses them on their file server. The videos are accessed via a link from the City’s web page. Other than staff time to work with CGI, there is no cost to the City for this program. CGI offsets the cost of production by selling space on the video stream to local businesses. Businesses wishing to participate work directly with CGI to have them create video content specific to their business. They are provided with space on the City’s video for a link to their individual promotional video. The City obligations include providing help with the drafting of the content and script, setting up interviews with local spokespeople, providing a letter of introduction to businesses and displaying the Community Video Program link on our web page. The specifics of responsibilities for both parties can be found in the attached Agreement. A draft letter to businesses has also been included. III. Recommended Action: Motion to authorize the Mayor to sign the 2018 Community Program Agreement with CGI Communications. IV. Exhibits: 2018 Community Video Program Agreement Sample letter of introduction for sponsorship program 02-13-2018 Council Meeting Agenda Packet Page 51 of 241 Financial Data: Expenditure Required Amount Budgeted Appropriation Required $0 $ 0 $ 0 02-13-2018 Council Meeting Agenda Packet Page 52 of 241 This agreement is between CGI Communications, Inc. (“CGI”) and the City of East Wenatchee (the “City”) and shall remain in effect from the date it is signed by both parties until the third anniversary of the date that the completed and approved Community Video Program is made available for viewer access on different devices via a link on the www.east-wenatchee.com homepage, including any alternate versions of that homepage. During the term of this Agreement, CGI shall:•Produce a total of 6 video chapters with subject matter that includes but is not limited to: Welcome, Education, Healthy Living, Homes / Real Estate •Provide one Community Organizations chapter to promote charities, nonprofits and community development organizations •Provide script writing and video content consultation •Send a videographer to City locations to shoot footage for the videos•Reserve the right to use still images and photos for video production•Provide all aspects of video production and editing, from raw footage to final video including professional voiceovers and background music •Provide a final draft of Community Video Program content subject to City’s approval (up to 3 sets of revisions allowed). CGI’s request for approval of content or revision, including final draft, shall be deemed approved if no response is received by us within 30 days of request •Provide our patented OneClick™ Technology and encode all videos into multiple streaming digital formats to play on all computer systems, browsers, and Internet connection speeds; recognized player formats include WindowsMedia™ and QuickTime™•Store and stream all videos on CGI’s dedicated server •Feature business sponsors around the perimeter of video panels •Be solely responsible for sponsorship fulfillment including all related aspects of marketing, production, printing, and distribution •Facilitate viewer access of the Community Video Program from City website, including any alternate versions of City’s homepage, for different devices, by providing HTML source code for a graphic link to be prominently displayed on the www.east-wenatchee.com website homepage as follows: “Coming Soon” graphic link designed to coordinate with existing website color theme to be provided within 10 business days of execution of this agreement. “Community Video Program” graphic link to be provided to replace the “Coming Soon” link upon completion and approval of videos •Grant to City a license to use CGI’s Line of Code to link to and/or stream the videos•Own copyrights of the master Community Video Program•Assume all costs for the Community Video Program •Afford businesses the opportunity to purchase various digital media products and services from CGI and its affiliates During the term of this Agreement, the City shall: •Provide a letter of introduction for the program on City’s letterhead•Assist with the content and script for the Community Video Program •Grant CGI the right to use City’s name in connection with the preparation, production, and marketing of the Program •Display the “Coming Soon” graphic link prominently on the www.east-wenatchee.com homepage within 10 business days of receipt of HTML source code•Display the “Community Video Program” link prominently on its www.east-wenatchee.com homepage, including any alternate versions of your home page, for viewer access on different devices for the entire term of this agreement •Ensure that this agreement remains valid and in force until the agreed upon expiration date, regardless of change in administration •Grant full and exclusive streaming video rights for CGI and its subsidiaries, affiliates, successors and assigns to stream all video content produced by CGI for the Community Video Program•Agree that the town will not knowingly submit any photograph, video, or other content that infringes on any third party’s copyright, trademark or other intellectual property, privacy or publicity right for use in any video or other display comprising this program. This Agreement constitutes the entire agreement of the parties and supersedes any and all prior communications, understandings and agreements, whether oral or written. No modification or claimed waiver of any provision shall be valid except by written amendment signed by the parties herein. City warrants that it is atax exempt entity. The undersigned, have read and understand the above information and have full authority to sign this agreement. The City of East Wenatchee, WA CGI Communications, Inc. Signature: Name (printed): Name (printed): Nicole Rongo Title: Title: Vice President of Marketing and Acquisitions Date:Date: January 17, 2017 Name: Lori Barnett Title: Community Development Director Address: 271 9th St N.E. City, State, Zip: East Wenatchee, WA 98802 Phone: 509-884-5396 Email: lbarnett@east-wenatchee.com Website: www.east-wenatchee.com 02-13-2018 Council Meeting Agenda Packet Page 53 of 241 DATE Dear Valued Business Owner: The City of East Wenatchee is excited to announce a new partnership with CGI Communications, Inc. to create a series of professionally produced online videos to highlight everything our community offers residents, visitors, and business owners. In addition to creating the videos, CGI is ensuring they are seen. Mobile devices have shifted the landscape of business, making it more important than ever to embrace technology as residents of East Wenatchee are able to stream high quality video on every device. For many businesses, getting noticed online can be a challenge, however, utilizing video dramatically improves visibility and drives more action to your website than static pages; the demand for video climbing even higher for users on mobile devices. With an easily viewable interface on the official city website, this video program will encourage viewers to learn more about area attractions, economic development opportunities, quality of life, and the businesses supporting the program. In addition, the city's official website will backlink to CGI's www.elocallink.tv, which hosts the Video Tour. We are dedicated to highlighting the advantages of living and working in East Wenatchee; advantages that include access to our wonderful business community; and we feel that this video program can be widely successful. We encourage you to consider participating in this city-wide program as it provides an exciting opportunity to showcase your business and utilize the power of video on your own websites and social media pages. To learn more about sponsorship opportunities or to request an appointment please e-mail BrandonB@cgicommunications.com. Best Regards, Signatory Title 02-13-2018 Council Meeting Agenda Packet Page 54 of 241 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council. From/Presenter: Devin Poulson Subject: LABOR AGREEMENT- Representing Police Clerical Employees Date: February 7, 2018 I. Summary Title: * LABOR AGREEMENT By & Between CITY OF EAST WENATCHEE, WASHINGTON and TEAMSTERS LOCAL UNION NO. 760 TEAMSTERS, FOOD PROCESSING EMPLOYEES, PUBLIC EMPLOYEES, WAREHOUSEMEN AND HELPERS Representing Police Clerical Employees II. Background/History: The proposed Agreement is for a four-year term. Attached is a redline- version of the Agreement to highlight the differences between the current Agreement and the proposed Agreement. The substantive changes are: • Wages will be increased by 3.5% each year. • A salary step schedule has been added (This allows the City to hire in new employees at a lower entry rate. It does not affect current employees). • The educational stipend is automatic for any employee who has the required degree. There is no requirement that the degree be law-enforcement related. • The Bilingual stipend is available to any qualified employee. The employee receives this stipend even if he/she is also receiving another type of stipend. Formatted: Font: (Default) Arial, 14 pt 02-13-2018 Council Meeting Agenda Packet Page 55 of 241 • An employee can begin using vacation leave as soon as it is accrued. There is no 6-month waiting period. III. Recommended Action: Motion to authorize the Mayor to sign the Agreement on behalf of the City. IV. Exhibits: • A red-lined version of the Agreement. • The Labor Agreement. Financial Data: Expenditure Required Amount Budgeted Appropriation Required $174,321.00 $174,321.00 $ 0 02-13-2018 Council Meeting Agenda Packet Page 56 of 241 LABOR AGREEMENT By & Between CITY OF EAST WENATCHEE, WASHINGTON and TEAMSTERS LOCAL UNION NO. 760 TEAMSTERS, FOOD PROCESSING EMPLOYEES, PUBLIC EMPLOYEES, WAREHOUSEMEN AND HELPERS Representing Police Clerical Employees JANUARY 1, 20142018 To DECEMBER 31, 20172021 Formatted: Font: 13 pt, Bold Formatted: Font: 11 pt, Bold 02-13-2018 Council Meeting Agenda Packet Page 57 of 241 02-13-2018 Council Meeting Agenda Packet Page 58 of 241 02-13-2018 Council Meeting Agenda Packet Page 59 of 241 Table of Contents ARTICLE 1. DEFINITIONS ......................................................................................... 4 ARTICLE 2. RECOGNITION ....................................................................................... 6 ARTICLE 3. NON-DISCRIMINATION ........................................................................ 6 ARTICLE 4. UNION SECURITY AND VOLUNTARY DUES CHECK OFF ............. 7 ARTICLE 5. MANAGEMENT CLAUSE ...................................................................... 7 ARTICLE 6. CIVIL SERVICE AND SENIORITY ......................................................... 9 ARTICLE 7. FAIR REPRESENTATION .................................................................... 10 ARTICLE 8. NO-STRIKE CLAUSE ............................................................................. 10 ARTICLE 9. HOURS OF WORK, OVERTIME AND OTHER PAY .......................... 11 ARTICLE 10. HOLIDAYS ........................................................................................... 17 ARTICLE 11. LEAVES ................................................................................................ 18 ARTICLE 12. INSURANCE ........................................................................................ 19 ARTICLE 13. WORKERS COMPENSATION ............................................................. 21 ARTICLE 14. DRUG TESTING .................................................................................. 21 ARTICLE 15. UNIFORMS AND EQUIPMENT ........................................................ 27 ARTICLE 16. GRIEVANCES ...................................................................................... 28 ARTICLE 17. MISCELLANEOUS .............................................................................. 31 ARTICLE 18. POLICE OFFICER’S BILL OF RIGHTS ............................................ 31 ARTICLE 19. WAIVER OF BARGAINING................................................................ 32 ARTICLE 20. SAVINGS CLAUSE ............................................................................. 34 ARTICLE 21. AMENDMENT OF AGREEMENT ...................................................... 34 ARTICLE 22. DURATION ........................................................................................... 35 02-13-2018 Council Meeting Agenda Packet Page 60 of 241 ARTICLE 23. LONGEVITY ........................................................................................ 34 APPENDIX "A" ............................................................................................................. 36 APPENDIX "B" ............................................................................................................. 37 02-13-2018 Council Meeting Agenda Packet Page 61 of 241 THIS AGREEMENT is entered into by and between the CITY OF EAST WENATCHEE, WASHINGTON (“Employer”) and the TEAMSTERS UNION LOCAL NO. 760 (“Union”). ARTICLE 1. DEFINITIONS 1.1 “Employer” or “City” means the City of East Wenatchee, Washington. 1.2 “Union” means the Teamsters Union Local No. 760. 1.3 “Employee(s)” or “Officer(s)” means an individual employed in the Bargaining Unit covered by this Agreement. The term “employee” as used in this Agreement includes both male and female employees covered by this Agreement. In addition, wherever in this Agreement the masculine gender is used, it is the intent for it to apply to the feminine gender as well. 1.4 “Bargaining Unit” means those employees for whom the Union is recognized as the collective bargaining agent pursuant to paragraph 2.1. 1.5 “Full-time Regular Employee” means an employee, other than a temporary employee, who is scheduled to work a “Normal scheduled work week” and who has successfully completed his probationary period. 1.6 “Probation Period” means a one (1) year period, commencing upon the initial date of hire as a full-time regular employee, during which period an employee may be disciplined or discharged by the City at will and without appeal or recourse to the grievance procedure. An employee is ineligible for certain benefits provided by this Agreement during the probationary period. 1.7 “Promotional Probation Period” means a six (6) month period commencing upon the initial date of a promotion during which a promoted employee may return to his previous classification by the City at will without appeal or recourse to the grievance procedure. 1.8 “Regular Basic Hourly Rate of Pay” means the base hourly rate paid an employee. The regular basic hourly rate of pay shall be calculated based upon annual work hours of two thousand and eighty (2080). 1.9 “Normal scheduled work week” means hours of work, days on, and days off established through annual shift bidding. 1.10 “Paid Status/Hours worked” Comp hours, Vacation hours, Sick hours, Paid Admin Leave, Holiday hours, Regular hours worked, and Overtime hours worked. 02-13-2018 Council Meeting Agenda Packet Page 62 of 241 1.11 “Day shift” 0600-1400 hours. 1.12 “Swing shift” 1400- 2000 hours. 1.13 “Graveyard shift” 2000-0600 hours. 1.14 “Relief shift” Any normal scheduled work week resulting in two or more start times during a group of consecutive days worked or any normal scheduled work shift designed to result in working hour adjustments to cover other officer’semployee’s leave requests. 1.15 “Date of Employment” The first day in paid status; used for the purpose of computing advancements between the various grades of the rank of Police Officerpolice clerical, and for computing other compensation eligibility. 1.18 “Ranks” For the purposes of this contract, the City establishes the following ranks: Sergeant, Police Officer First Class, Police Officer Second Class, Police Officer Third Class and Trainee. For the purposes of this agreement all ranks will be referred to as “officer”. 1.191.16 “Overtime Rate” Overtime is to be paid at the rate of one and one-half (1-½) times the regular basic hourly rate of pay, including stipends and longevity, hereinafter referred to as time and a half. 1.2017 “Extended Leave” An absence, whether due to military leave, administrative leave, sick leave, light duty or leave of absence, continuous of two calendar months or more. 1.2118 “Shift” shall include roll call, mealtime and breaks. As used in this Agreement, the word "day" shall mean a calendar day. 1.2219 “Mandatory Overtime” Overtime that may not be refused by officersemployees. 1.2320 “Call Back” A call back is defined as an official assignment of work, which does not immediately precede less than two (2) hours or immediately follow less than two (2) hours after an employee’s scheduled work hours. 1.2421 “Holiday Pay” payment of shift worked a holiday listed in Article 11 at the rate of 1.5 times an officer’semployee’s regular basic hourly rate of pay, including stipends and longevity, in addition to the regular basic hourly rate of pay for the shift worked that day. Formatted: Justified Formatted: Justified 02-13-2018 Council Meeting Agenda Packet Page 63 of 241 1.2522 "Eligible Dependent" is an employee's husband, wife, qualified domestic partner, biological child, stepchild, adopted child, or child of a qualified domestic partner who is eligible for coverage according to the terms and conditions of the City's insurance carrier and who is not enrolled in another medical/dental/orthodontia/vision plan. ARTICLE 2. RECOGNITION 2.1 Recognition. The Employer recognizes the Union as the sole collective bargaining agent for the purpose of collective bargaining in respect to wages, hours, and other terms and conditions of employment for the employees of the City of East Wenatchee’s Police Department as follows: 2.1.1 Included: All non-supervisory full-time regular Law Enforcement OfficersAdministrative Secretaries, Records Custodians and Dispatch personnel of the City of East Wenatchee Police Department. 2.1.2 Excluded: The Chief of Police, Captains, Lieutenants, Regular Law Enforcement Officers, supervisors, department secretaries and clerks, members of the Police Reserve, all non-commissioned personnel, confidential, part-time and temporary employees and all other employees of the City. ARTICLE 3. NON-DISCRIMINATION 3.1 Policy. The provisionsUnless it is based upon a bona fide occupational qualification each provision of this Agreement shall be applied equallyapplies to all employeeseach employee without discrimination as to sex, race, creed, color, religion, national origin, political affiliation, membership in the Union, age, sex, marital status, or sexual orientation, age honorably discharged veteran or military status, or the presence of any sensory, mental, or physical handicap or disability, except where such characteristics are a bona fide occupational qualification. or the use of a trained dog guide or service animal by a person with a disability. 3.2 City/Union Responsibilities. The Union and the City shall share equally in the responsibility for applying this provision of the Agreement. 3.3 Remedies. Employees believing themselves to have been the subject of unlawful discrimination shall seek relief through the appropriate federal or state agency charged with investigating such matters. This Article shall not be subject to the grievance and arbitration procedures set forth in this Agreement. Formatted: Justified Formatted: Justified Formatted: Heading 1, Pattern: Clear Formatted: Font color: Auto, Not Expanded by /Condensed by Formatted: Font color: Auto, Not Expanded by /Condensed by Formatted: Font color: Auto, Not Expanded by / Condensed by Formatted: Font color: Auto, Not Expanded by /Condensed by Formatted: Font color: Auto, Not Expanded by /Condensed by Formatted: Font color: Auto, Not Expanded by /Condensed by Formatted: Font color: Auto, Not Expanded by /Condensed by Formatted: Font color: Auto, Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Font: 14 pt, Bold, Underline, Not Expandedby / Condensed by , Kern at 18 pt Formatted: Pattern: Clear 02-13-2018 Council Meeting Agenda Packet Page 64 of 241 ARTICLE 4. UNION SECURITY AND VOLUNTARY DUES CHECK OFF 4.1 Union Membership. All present employees covered by this Agreement shall, as a condition of employment, become and remain members of the Union in good standing thirty (30) days after the signing of this Agreement. All future employees shall be required to become and remain Union members thirty (30) calendar days after being employed. Employees who fail to comply with this requirement shall be discharged by the Employer within thirty (30) days after receipt of written notice to the Employer from the Union. Any Employee having objections to Union membership based on bona fide religious tenets or teachings of a Church or religious body of which he/she is a member, shall pay an amount of money equivalent to regular Union dues and initiation fees to a non-religious charity or to another charitable organization mutually agreed upon by the objecting employee and the Union. Upon request by the Union written proof of such payment shall be given to the authorized representative of the Union. 4.2 Dues Check Off. Upon receipt of a signed authorization from an employee in the form set forth in Appendix "B", the regular monthly dues (uniform in dollar amount) of the Union shall be deducted from such employee's pay. The Financial Officer of the Union shall notify the City Clerk by certified mail of the amount of uniform dues to be deducted. Deduction shall be made on the employee's regular monthly payday and shall be remitted promptly to the Financial Officer of the Union. 4.3 Indemnification. The Union shall indemnify and hold the City, its officials, representatives, and agents harmless from and against any and all claims, demands, suits, judgments or other forms of liability (including attorney's fees and costs incurred in enforcing this indemnity clause) that may arise out of, or by reason of, any action taken or not taken by the City, its employees, officers, representatives or agents for the purpose of complying with the provisions of this Article. ARTICLE 5. MANAGEMENT CLAUSE 5.1 Retention of Rights. The City shall retain all customary, usual and exclusive rights, functions, prerogatives, and authority connected with or incident to its responsibility to manage the affairs of the Police Department without the need or Formatted: Font: 12 pt, Condensed by 0.15 pt 02-13-2018 Council Meeting Agenda Packet Page 65 of 241 obligation to bargain further with respect to any such subjects or the effects thereof or the exercise of its discretion and decision-making authority. 5.2 Management Rights. The exclusive prerogatives, functions and rights of the City include, but shall not be limited to, the following: a. determining the specific programs and services offered by the City, and the methods, means and facilities by which they shall be effectuated; b. determining the nature and qualifications of the work force and assigning duties and equipment, along with directing and evaluating employees in the performance of their work assignments, and determining schedules of work and time off; c. hiring, promoting, training, retaining, laying off, (subject only to the city's civil service system and the rules and regulations of the city's civil service commission); suspending, and disciplining, demoting and discharging employees for just cause and discharging probationary employees at will; d. setting standards of service, and establishing department policy/procedures, work rules, regulations, safety procedures and personnel policies and procedures; e. selecting, increasing, diminishing or changing equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment; f. effecting a reduction in authorized positions because of lack of work, budgetary restraints, physical limitations, organizational changes, or other reasons; and g. taking any action necessary to carry out its mission in an emergency. This list is not an all-inclusive list of all the City's rights, functions, prerogatives or authority, but only serves as a general guide. The City expressly reserves, and the Union agrees, that the City retains all customary, usual and exclusive rights as set out in paragraph 5.1 of this Agreement, unless expressly set forth to the contrary in this Agreement. 5.3 Exclusions. The following are specifically excluded from coverage of the grievance procedure set out in Article 16 of this Agreement: 5.3.1 work assignments unless the complaint arises out of an allegation that the employee was required to work in violation of applicable sections of this Agreement; and 5.3.2 sub-contracting out work covered by this Agreement. Formatted: Font: 12 pt, Condensed by 0.15 pt 02-13-2018 Council Meeting Agenda Packet Page 66 of 241 5.4 Effect of City Ordinances, Resolutions and Policies. Unless otherwise specified in this Agreement wages, hours, holidays, sick leave, vacation and related working conditions shall be in accordance with City ordinances, resolutions and policies, including any amendments hereafter adopted. ARTICLE 6. CIVIL SERVICE AND SENIORITY 6.1 Civil Service. Unless otherwise set forth in this Agreement the Union agrees the City's existing Civil Rules, as set out in Title III of the East Wenatchee Municipal Code ("EWMC"), shall be incorporated herein. If the East Wenatchee City Council adopts a new Title III to the EWMC governing the City's Civil Service System, then the new provisions of the City's Civil Service System shall be incorporated by reference into this Agreement. 6.2 Seniority. Seniority, as used in this Agreement, is defined as the length of an employee's continuous full-time service with the East Wenatchee Police Department since his/her last date of hire, including any authorized leave of absence, up to a maximum of one (1) year. 6.3 Application of Seniority. For all applications of seniority under this Agreement, the ability of the employee shall mean the qualifications, skills and ability (including physical ability) of an employee to perform the required work. In the event two or more employees are deemed qualified by the City, then seniority will be used as a tie-breaker. In the event of lay-offs and/or recall from layoff, the qualifications, skills, work history and ability of an employee to perform the essential functions of a particular position shall be considered prior to seniority in selecting individuals for layoff or recall from layoff. No new officersemployees shall be hired in any classification until all officersemployees on lay off status have had an opportunity to return to work with full seniority or more than twelve (12) months has passed since the date of layoff. No officersemployees shall be promoted until all officersemployees have returned to the rank held prior to layoff. 6.4 Seniority List. Upon request the City shall provide the Union a list of all current employees of the Bargaining Unit with their respective seniority dates. Any objections to such list shall be reported to the Police Chief or his designee within seven (7) working days of the date of receipt or said list shall be approved as submitted. 6.5 Rank and Service. An employee shall lose all seniority in the event the employee: a. quits; or b. is discharged; or 02-13-2018 Council Meeting Agenda Packet Page 67 of 241 c. is absent for three (3) consecutive working days without notifying the Chief of Police, or his designee; or d. is laid off for a period in excess of one (1) year; or e. retires or is retired; or f. misrepresents facts or information on his employment application. Seniority shall not accrue when an Employee is off the job due to strike or unauthorized form of work stoppage pursuant to Article 8, paragraph 8.1 of this Agreement. ARTICLE 7. FAIR REPRESENTATION 7.1 Union Responsibility and Indemnification. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees fairly. The Union further agrees to indemnify, defend and hold harmless the City and its officials, representatives and agents from any and all claims, demands, suits or other forms of liability (monetary or otherwise) and for all legal costs resulting from any failure on the part of the Union to fulfill its duty of fair representation, unless the City intentionally interferes with the Union's efforts to represent Bargaining Unit employees. 7.2 Union Investigation and Visitation Privileges. The City agrees that the Union's local Business Representative, with prior notice to and permission of the Chief of Police or his designee, may visit the City Police Department at reasonable times for the purpose of investigating grievances. Such representative shall limit his activities during such investigations to matters relating to this Agreement; provided, however, he shall not interfere with the operation or normal routine of the Police Department. The City reserves the right to designate a meeting place or to provide a representative to accompany the local Union Business Representative where operational requirements do not permit unlimited access. ARTICLE 8. NO-STRIKE CLAUSE 8.1 No Strikes or Work Stoppages. Neither the Union nor any officers, agents of the Union or Employees shall aid, cause, promote, authorize, sponsor, participate in or condone any strike, slow-down, refusal to perform overtime, or any other interruption or disruption with the work and/or statutory functions and/or obligations of the City, regardless of the reason for doing so. Employees who engage in any of the above- 02-13-2018 Council Meeting Agenda Packet Page 68 of 241 referenced activities shall not be entitled to any pay for any wages or other fringe benefits during the period such employee is engaged in any such activities. 8.2 Picket Lines. Employees, while on duty or in uniform, shall not honor any picket line, whether established by the Union or otherwise. 8.3 Violation of this Article. The City may discipline or discharge any employee who violates this Article. The Union expressly agrees any such action by the City shall not be grievable by the Union or otherwise appealable by the employee to any Court or tribunal. 8.4 Union Obligations. In the event of a violation of this Article by any member of the Bargaining Unit, the Union agrees to inform its members of their obligations under this Agreement and direct them to comply with this Article. ARTICLE 9. HOURS OF WORK, OVERTIME AND OTHER PAY 9.1 Scope. This Article defines the normal hours of work and establishes the basis for the calculation of overtime. It is not a guarantee of hours of work per day, work period, month or year and it is not intended to establish a right to compensation in any form for time not worked, unless specifically set forth in this Article. 9.2 Normal Work Week and Work Day. The normal work week shall consist of four (4) ten (10) hour shifts and/or five (5) eight (8) hours shifts. The sum total of regular time worked shall not exceed forty (40) hours per week based on an annual average. The City agrees to endeavor to limit scheduling of split shifts to relief of emergency situations. 9.2.1 Employees shall be permitted to voluntarily trade shifts, provided the Chief or his designee approves any/all exchanges in advance. The Union and the City agree that, should problems arise regarding approval of shift trades, the parties shall meet to discuss the issue(s) for resolution. It is further agreed the disputes regarding shift trades are not subject to Article 16 Grievances. The recipient of the shift assumes full ownership as if it is his/her own shift. Hours involved in the exchange will not be subject to overtime pay without approval of the Chief or his designee. 9.3 The City will establish a work schedule through Seniority Shift bidding. This will be conducted by October 15th of the previous year, for the next year’s shift work schedules. Officersemployees will choose their preferred shift to establish their 02-13-2018 Council Meeting Agenda Packet Page 69 of 241 normal scheduled work week. Order of choice will be made by seniority highest to lowest. 9.3.1 In the event of an officer’semployee’s separation from employment, promotion or extended leave, Seniority Shift bidding will be conducted again for the remainder of the year. This bid shall occur within three (3) weeks of a qualifying event, unless impracticable. 9.4 The City will attempt to maintain a consistent and predictable work schedule for its employees. However, circumstances arise where changes must be made to the schedule to prevent disruption to City services, prior to implementing any changes, except in the case of an emergency, the City will give affected employees one (1two (2) week notice. 9.4.1 Changes with less than one (1two (2) week notification may only result in an adjustment of up to two (2) hours before or two (2) hours after an employee’s normal scheduled work shift. Hours in excess of (2) hours will be paid at the overtime rate. 9.4.2 Notification of changes to an officer’semployee’s normal scheduled work week will be made by email and or by phone message. Officers Employees have the obligation to reply to these messages. 9.4.3 Work schedules showing the employees' shifts, workdays, and hours will be posted on the department bulletin board. 9.5 If an overtime shift arises that cannot be scheduled seven days in advance, shifts shall be offered on a first-come-first served basis, utilizing the seniority list for contacting officersemployees to the extent practicable. 9.6 Mandatory Overtime. The Chief of Police or his designee shall have the right to require overtime work and employees may not refuse overtime assignments. 9.7 Overtime Pay. Employees shall be paid one and one-half (1½) times their regular basic hourly rate of pay for all hours worked in excess of forty (40) hours in a work week if an employee is working a schedule that is based on a forty (40) hour week, eight (8) hours in a work day if an employee is working a five (5) day, eight (8) hour per day work week; or ten (10) hours in a work day if an employee is working a four (4) day, ten (10) hour per day work week. ; or hours in excess of the regularly scheduled shift, such as alternative work period schedules; i.e. twelve (12) hour / eight (8) hour combinations, etc. 02-13-2018 Council Meeting Agenda Packet Page 70 of 241 9.7.1 All overtime shall be calculated and compensated for in fifteen (15) minute increments. 9.7.2 All overtime shall be authorized by the Chief of Police or his designee in advance or such longer time that is reasonable under the circumstances, in order to qualify as paid time. 9.8 Employees may accrue Compensatory time in lieu of overtime pay. Compensatory time may be accrued at the rate of time and one-half (1 ½) for up to one twenty hundred (120) hours per year. Compensatory time may be carried over from one calendar year to the next. 9.8.1 Compensatory time may be used when approved by the Chief of Police or his designee and may be used in lieu of vacation days. If the maximum amount of vacation time is accrued, vacation time shall be used prior to use of compensatory time. For record keeping and accountability compensatory time accrued or taken shall be recorded on the employee's monthly time sheet. 9.8.2 Requests for an employee’s usage of Compensatory time may only be denied if the approval will create a disruption of department services. Creation of overtime as a result of the approval of an employee’s request for usage of Compensatory time may not be a reason for denial. 9.9 Court Time. Employees required to appear in Court or to conduct other City-related business during their off-duty hours, either as arresting officeremployee or witness, shall receive a minimum of two (2) hours when scheduled to appear in Municipal Court, or four (4) hours when scheduled to appear in Superior Court, or for the actual time spent in court, whichever is greater. These hours will be compensated at the employee’s overtime rate. 9.9.1 When an officeremployee is scheduled to appear in court outside of their regularly scheduled shift, prior to 1700 on the last business day preceding the court date, the officeremployee shall call the court and check to see if their court appearance has been cancelled. If the officeremployee fails to call the court as required and does not learn that the court appearance has been cancelled, the officeremployee shall not be entitled to any overtime and/or callback pay for the court appearance. If court is cancelled between calling at 1700 hours and the appearance time, it is the courts responsibility to reasonably attempt to contact the officeremployee. If not, the officer will be paid a minimum of two (2) hours of callback. 9.9.2 Jury Duty: Any necessary leave shall be allowed by the Chief to permit any officeremployee to serve as a member of a jury. 02-13-2018 Council Meeting Agenda Packet Page 71 of 241 9.10 Call Back. All callbacks shall be compensated at the appropriate rate for two (2) hours or for the actual time of the assignment, whichever is greater. All call back time will be counted toward the accumulation of hours under the terms of Article 10.7 for purpose of determining overtime payments. 9.11. In the event an employee is scheduled and works the swing shift, graveyard shift, or relief shift for a majority of the calendar month, the employee will be entitled to the following lump sum shift differential payment for the employee’s entire shift where a majority of the employee’s work hours fall on a particular shift: Shift Pay Swing .5 % of the employees base pay per month Graveyard .75 % of the employees base pay per month Relief 1% of the employees base pay per month 9.12 Breaks. Each work day will include a thirty (30) minute lunch period and two fifteen (15) minute rest periods. All employees shall be subject to immediate call during meal or rest periods. 9.13 K-9 Officers. The City's designated K-9 officer will be paid a stipend of four percent (4%) of the employee’s base monthly salary for grooming, cleaning and feeding the City's police dog during the employee's regularly scheduled off-duty time. 9.14 Detective. The officer designated as the city’s detective will be paid a stipend of four percent (4%) per month for performing the diverse range of additional investigative duties outlined in the city’s current job description for that position. 9.159.13 Drug Interdiction Task Force. Employees assigned as drug task force members will receive a stipend equal to four percent (4%) of the employee’s base monthly salary for meeting the necessary requirements to participate on the task force. 9.1614 Bi-lingual officeremployee. An officeremployee who is fluent in a second language, and who is expected to use such abilities in the course of his/her employment with the City will be paid a stipend of four percent 4% of the employee’s base monthly salary for such services. ; subject to proficiency testing by a third party to be determined by the Employer. This stipend shall not be considered for pyramiding purposes. 9.1715 Per Diem. If an employee is required to travel 50 miles or more away from the City and is required to stay overnight in the performance of his official duties, the 02-13-2018 Council Meeting Agenda Packet Page 72 of 241 employee shall be paid per diem allowance in accordance with the rates established by the US. General Services Administration. 9.1816 Educational Incentive Pay. Employees possessing a degree in law enforcement related courses approved by the Chieffrom an accredited institution, will be eligible to be paid an educational incentive stipend in accordance with the following schedule: AA degree 1.5% of the employee’s base monthly salary BA, BS degree 3% of the employee’s base monthly salary MA, MS degree 5% of the employee’s base monthly salary The City shall determine whether any course taken or degree obtained qualifies as a law enforcement related course or degree. 9.1816.1 The City will reimburse employees for the tuition cost of a course if the Mayor determines, in advance of enrollment, that the proposed course directly applies to the employee’s job. Payment shall occur when the employee provides a transcript, certification or some other document showing that he/she has successfully completed the course and received a passing grade of C or better, provided that the City shall not pay more than $200 per credit hour. 9.1816.2 Employees may choose to receive the educational incentive pay outlined in 9.1816 or tuition reimbursement outlined in 9.1816.1, but not both. 9.1917 No Pyramiding. There shall be no pyramiding of overtime pay or other premium wages, including call back pay, under this Agreement. Nothing in this Agreement shall be construed to require the payment of overtime or other premium pay more than once for the same hours worked. 9.2018 Stipends. OfficersEmployees are only eligible to receive one of the stipends provided by Articles 79.13, 79.14, 7& 9.15 & 7.16. At no time will an officeremployee receive more than one stipend in the same month. 9.2119 Outside employment. Employees shall not be employed by employers other than the City, nor shall they contract for or accept anything of value in return for services, nor shall they otherwise be self-employed, for remuneration, without the prior approval of the Chief of Police or his designee. 9.2220 Employees may hold outside jobs, including self -employment, if such employment does not involve the use of City equipment or supplies, or in the City's 02-13-2018 Council Meeting Agenda Packet Page 73 of 241 sole discretion, (1) result in a conflict of interest; (2) result in work for the City; (3) result in outside work during an employee's work shift; (4) result in having less than one full day off per work week; or (5) infringe on the employee's ability to fully perform their job duties for the City. Such employment will be approved or denied within a reasonable period of time. 02-13-2018 Council Meeting Agenda Packet Page 74 of 241 ARTICLE 10. HOLIDAYS 10.1 Holidays. New Year's Day (January 1) Martin Luther King Birthday (Third Monday of January) Presidents Birthday (Third Monday of February) Memorial Day (Last Monday of May) Fourth of July Labor Day (First Monday of September) Veteran's Day (November 11) Thanksgiving Day (Fourth Thursday in November) Day after Thanksgiving Christmas Day (1) Floating holiday 10.1.1 Employees shall be eligible for holiday pay if scheduled to work on the above listed holidays. 10.1.2 Employees shall not be eligible for the Floating Holiday until the successful completion of one (1) year of continuous service. 10.2 To be eligible for holiday pay the employee must be in paid status the scheduled workday before and the scheduled workday after the paid holiday. If a holiday falls on the employee’s scheduled day off, the employee will be provided with an alternate day off and will be recorded on the employee's monthly time sheet as “Holiday Comp Time” (i.e., either twelve (12) hours for an employee working a five (5) day/eight (8) hour per day shift, or fifteen (15) hours for an employee working a four (4) day/ten (10) hour per day shift). These hours will be accumulated into a holiday bank not to exceed ninety (90) hours. This provision only applies when a holiday falls on the employee’s scheduled day off. 10.2.1 Requests for an employee’s usage of Holiday Compensatory time may be denied if the approval will create a disruption of department services or the creation of overtime as a result of the approval. The City will attempt to provide usage approvals prior to an employee’s loss of time in excess of ninety (90) hours, but it is the employee’s sole responsibility to maintain record of their accrued hours. Formatted: Font: 11 pt 02-13-2018 Council Meeting Agenda Packet Page 75 of 241 ARTICLE 11. LEAVES 11.1 Vacation Leave, Sick Leave, Shared Leave, Military Leave, Family Leave, Paid Administrative leave and Leaves of Absence. Unless otherwise specified in this agreement, the City's existing policies and procedures regarding, sick leave, shared leave, disability leave, leaves of absence, and the medical/dental/vision insurance and retirement plans, shall apply to all employees covered by this Agreement. 11.2 Vacations. Each regular full-time employee is entitled to vacation leave as follows: Years Of Employment Vacation Hours Earned 0 - 4 years 8 hours / month 5 - 9 years 10 hours / month 10 - 14 years 12.67 hours / month 15 - 19 years 14 hours / month 20 – 24 years 16.33 hours / month 25+ years 17.33 hours / month 11.2.1 Vacation leave is not available to the officer until he/she has completed six (6) consecutive months of employment, unless used as Family Leave. A re-employed officer shall be considered a new officer and must also have six (6) months of continuous employment before being entitled to take annual leave. 11.2.2 Vacation may be taken in hourly increments, minimum of one (1) hour. 11.2.32 The maximum number of vacation hours which may be carried over from December 31 of one (1) year to January of the next year is two hundred (200forty (240) hours. Employees will be paid for unused vacation time upon termination of employment. 11.3 The City will establish a process for the annual bid for usage of Vacation Leave based on seniority. This bid will consist of two rounds of bid and will be offered before December 15th of each year for the following year’s vacation. 11.3.1 First round will be seniority based. Emergencies may dictate that the requested time is subject to change. However, if an officeremployee, at no fault of their own is unable to reschedule leave time prior to the end of the year, the employee will not forfeit said leave. This time off will be limited to the usage of two (2) weeks or eighty (80) hours of leave in week long or forty (40) hour blocks. Formatted: Condensed by 0.15 pt 02-13-2018 Council Meeting Agenda Packet Page 76 of 241 11.3.2 Second will be seniority based. This time off will be limited to the usage of 2 weeks or eighty (80) hours, but may be used as individual days. 11.3.4.13 All requests for usage of Vacation Leave after annual bid process will be non-seniority, based first come first serve. The City has the right to refuse these requests based on department needs. 11.4 Leave usage upon retirement. OfficersEmployees who are retiring from employment from the East Wenatchee Police Department may choose to use all accrued leave (Vacation Leave, Holiday Comp Time, and Comp Time) prior to date of retirement. During this time the officer’semployee’s schedule will be considered five (5), eight (8) hour days, Monday through Friday. No holiday benefits will be given as it will be considered that they are given them off. Provided that, if an employee retires before July 30, 2012, the City will cash out that retiring employee’s sick leave at a rate of 100%. If an employee retires after July 30, 2012, the City will cash out a retiring employee’s sick leave at a rate of 25%. 11.5 Military Leave. The City shall provide employees military duty and training leave in accordance with the City's existing policies, which are incorporated herein by reference, and the applicable requirements of USERRA and applicable laws of the State of Washington. ARTICLE 12. INSURANCE 12.1 Coverage. The City will make available to employees and their eligible dependents substantially equal group medical, dental and vision insurance coverage and benefits as existed prior to the signing of this Agreement. The City agrees to pay the entire group medical, dental and vision insurance premiums for each employee and one (1) dependent, and fifty percent (50%) of the cost of those premiums for all additional dependents. PROVIDED, however, the City will only pay one premium for an employee (For example, if an employee is also an eligible dependent, he or she must elect to receive insurance as an employee or as a dependent). The City reserves the right to change or provide alternate insurance carriers, health maintenance organizations, or benefit levels or to self-insure as it deems appropriate for any form or portion of insurance coverage referred to in this Article, so long as the new coverage and benefits are substantially equal to the conventional insurance which predated this Agreement; provided, however, before making any such changes the City agrees to meet with the Union and discuss the proposed changes. The City will not be responsible for changes unilaterally imposed by an insurance provider in benefits, co-payment provisions, deductible amounts, or other policy provisions so long as the City uses its best efforts to minimize changes by incumbent insurance providers Formatted: Left 02-13-2018 Council Meeting Agenda Packet Page 77 of 241 from one plan year to another. Probationary Employees shall be eligible to participate in the City's medical, dental or vision, or other insurance plans in accordance with the City's existing personnel policies and insurance programs. 12.2 An employee may waive his or her health insurance benefits. If an employee waives these benefits, the City will contribute $375 per month to a Health Reimbursement Account/VEBA in the employee’s name. An employee must elect waiver between November 1 and November 30 of each year, but such time may be extended by the employee if contract negotiations are not completed; in such an event the employee shall have up to 30 days from ratification to elect the wavier. Once an employee elects a waiver, he or she is ineligible to sign up for City benefits until the next open enrollment period, or as provided by law. 12.3 If an employee’s husband, wife, qualified domestic partner is eligible for coverage according to the terms and conditions of the City’s insurance carrier and is enrolled in another medical plan, the husband, wife, or qualified domestic partner may not enroll in the City-sponsored medical plan. The City, however, will contribute $375 per month to a Health Reimbursement Account/VEBA in the employee’s name. 12.4 If an employee’s dependent is eligible for coverage according to the terms and conditions of the City’s insurance carrier and is enrolled in another medical plan, the dependent may not enroll in the City-sponsored medical plan. The City, however, will contribute 50% of the saved premium per month, up to a maximum of $200 per dependent, with a maximum of two dependents, to a Health Reimbursement Account/VEBA in the employee’s name. The maximum contribution of the City under this section may not exceed $400. 12.5 The maximum that the City will contribute to an employee’s Health Reimbursement Account/VEBA, for any reason, is $1,150 per month. 12.6 Cost Containment. The City reserves the right to institute cost containment measures relative to insurance coverage so long as the basic level of insurance benefits remain substantially equal to the conventional insurance coverage in affect immediately prior to this Agreement. Such changes may include, but are not limited to, mandatory second opinions for elective surgery, pre-admission and continuing admission review, preferred provider provisions, prohibition on weekend admissions, except in emergency situations and mandatory out-patient elective surgery for certain designated surgical procedures. Upon notice from the City's insurance carrier or insurance holder (currently AWC) informing the City that the premiums amounts may exceed the excise tax threshold or Formatted: Right: 0" Formatted: Right: 0" 02-13-2018 Council Meeting Agenda Packet Page 78 of 241 that it informs the City that the plan it currently provides to the City is being cancelled or discontinued, Article 12 of this Agreement will be opened. The City and Union shall meet to discuss and negotiate a resolution. If not resolved within 60 days of notice, the matter shall be referred to PERC for mediation. 12.7 Terms of Insurance Policies to Govern. The extent of coverage under the insurance policies (including self-insured plans), referred to in this Agreement shall be governed by the terms and conditions set forth in said policies or plans. Any questions or disputes concerning said insurance policies or plans or benefits there under shall be resolved in accordance with the terms and conditions set forth in said policies or plans and shall not be subject to the grievance and arbitration procedures set forth in this Agreement. The failure of any insurance carrier(s) or plan administrator(s) to provide any benefit for which it has contracted or is obligated shall result in no liability to the City, nor shall such failure be considered a breach by the City of any obligation undertaken under this or any other Agreement. However, nothing in this Agreement shall be construed to relieve any insurance carrier(s) or plan administrator(s) from any liability it may have to the City, employee or beneficiary of any employee. ARTICLE 13. WORKERS COMPENSATION 13.1 Income Loss Supplement. The City shall pay to an injured employee the difference between what the employee receives from the City's Workers' Compensation insurer and the employee's regular salary after taxes. The dollar value paid by the City shall be converted to the employee's regular basic hourly rate of pay and charged on an hourly basis against the employee's accrued sick leave and vacation, in that order. Upon exhaustion of the employee's vacation and sick leave, the supplemental payments shall cease. Following the exhaustion of the employee's supplemental benefit under this Article, the employee shall receive Workers' Compensation benefits as provided under state law. 13.2 Administrative Separation. If an employee is disabled from returning to work and has exhausted the supplemental benefits provided for in paragraph 1213.1 above, the employee is eligible for administrative separation subject to the employee's right to reappointment provided by law. ARTICLE 14. DRUG TESTING 14.1 Purpose. The City has a strong commitment to provide a safe work environment for its employees and to establish programs promoting high standards of employee health and safety. Consistent with that commitment this Agreement 02-13-2018 Council Meeting Agenda Packet Page 79 of 241 establishes prohibitions regarding alcohol and controlled substances and the right of the City to screen or test employees to determine the presence of alcohol and/or controlled substances. 14.2 Prohibition Regarding Alcohol and/or Controlled Substances. a. Reporting for work under the influence of alcohol or illegal drugs, or the unauthorized use, sale, transfer or possession of alcohol, drugs, controlled substances and/or "mood altering" substances (except the possession or use of prescribed medication, verifiable by a current, properly issued prescription), or any other substance which impairs or may impair an employee's job performance or poses or may pose a hazard to the safety and welfare of the employee, the public or other employees during work hours (including meal and rest periods), on or off City property, in City vehicles, or in personal vehicles while conducting City business is strictly prohibited. Violation of this section of the Agreement is just and sufficient cause for immediate discharge. b. An employee utilizing prescribed and/or "over-the-counter" medication(s) that could adversely affect job safety or performance must immediately report that fact to the employee's supervisor. Knowledge of cautions and warnings printed on the medication container label are the sole responsibility of the employee. The City may, at its sole discretion, consult with the employee's attending physician concerning the affects a substance may have on that employee. In the event the employee does notify his/her supervisor immediately upon reporting to work of the fact that such medication is being or will be taken, but does not immediately submit a physician's release, the City may determine that the effects of any over-the-counter or prescribed medication may, under the circumstances, impair the employee's ability to safely, properly, and effectively perform the employee's duties and may decline to permit the employee to work until the effects of the medication subside to an acceptable level. In cases where the employee is instructed by the City to remain off work due to the possible side-effects of over-the-counter or prescription medication, the employee may utilize earned, but unused, sick leave benefits in accordance with the City's existing sick leave policy. Violation of this Section of the Agreement will result in disciplinary action, including termination. 14.3 Random Testing. To help provide a safe work environment and to protect the public by insuring that employees have the physical stamina and emotional stability 02-13-2018 Council Meeting Agenda Packet Page 80 of 241 to perform their assigned duties, the City may require employees to submit to random drug or alcohol screening tests. The City may conduct such random testing up to one time per calendar quarter. 14.4 Current Employee Substance Abuse Testing. In addition to paragraph 1814.3, the City may implement the applicable substance abuse testing procedures outlined below if one (1) of the following events occur: a. Management personnel concludes through objective observation, investigation and evaluation that an employee is under the influence or impaired by the use of alcohol, drugs and/or controlled substance; b. Where an employee is involved in any accident due to the action, inaction or inattention of the Employee; c. Where the City receives reliable information based upon personal knowledge of an individual, including but not limited to other employees of the City, the medical community, or law enforcement personnel, of involvement by the employee with alcohol and/or controlled substances. All relevant facts pertaining to an investigation conducted pursuant to the above provisions will be documented in writing and preserved for future reference by the City and the Union. An employee who refuses to submit to alcohol and drug testing will be subject to immediate disciplinary action, including, without limitation, suspension and/or termination. 14.5 Substance Abuse Testing Procedures. a. The City will transport the suspected employee to a pre-determined testing facility. b. The employee will be requested to submit to the testing procedures. The employee has the right to refuse to submit to the tests; however, refusal to submit to the tests will be grounds for discharge. c. The employee will provide a urine sample, a blood sample or breath sample, as required by the City. The urine sample will be provided for analysis to determine the amount, if any, contained in the employee's urine of all substances listed in paragraph (f) below. The blood or breath sample will be provided for analysis to determine the amount, if any, of ethyl alcohol contained in the employee's blood or breath. The blood or urine samples will be analyzed by an NIDA approved laboratory. The breath sample will be analyzed by certified law enforcement personnel or medical 02-13-2018 Council Meeting Agenda Packet Page 81 of 241 facility. d. Collection of the specimens will be under the direction of qualified medical or law enforcement personnel. Collection of the specimens will take place as soon as possible following the observation, accident or incident. The employee will cooperate fully in the collection of the specimens. Employee tampering with the specimens or refusal to submit to the test within a reasonable period of time shall result in discharge. If the employee is physically unable to provide a urine sample, a blood sample will be provided, which will be analyzed by the laboratory to determine if any of those substances listed in paragraph (f) below are present in the employee's blood. However, within twenty-four (24) hours following the drawing of the blood sample, the employee will submit to a urine test. If the employee fails to provide the urine sample within a twenty-four (24) hour time frame, the employee shall be subject to disciplinary measures, including termination. e. After collection of the specimens the employee will be transported to the employee's residence or other safe location. The employee may be suspended from work with pay until the test results become available and are evaluated. f. All specimens will be forwarded to the NIDA approved laboratory for analysis. Strict adherence to the chain of custody requirements shall be followed during the transportation of the specimen to the laboratory. The laboratory will analyze the specimen for the substances listed herein. The laboratory will perform initial screening, and if positive results occur, confirmatory tests on the specimen. The confirmatory test shall be the GC/MS test. Levels. 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: Test Level (ng/ml) Amphetamines 500 Barbiturates 300 Benzodiazepines 300 Cannabinoids 75 Cocaine metabolites 300 Methadone 300 Methaqualone 300 Opiates (Codeine) 300 Opiates (Morphine) 300 Phencyclidine (PCP) 25 Propoxyphene 300 02-13-2018 Council Meeting Agenda Packet Page 82 of 241 Level of the positive result for ethyl alcohol 0.04 gr/dl All specimens identified as positive on the initial screening shall be confirmed by GC/MS techniques at cut off levels under the rules of the Department of Transportation (DOT) 49 CFR, Part 40, Section 40.29(f). The laboratory will communicate the test results to the Chief of Police or his designee. The Chief of Police or his designee will evaluate those results, and confer with the Mayor to determine the City's course of action. g. Test results will be stored in the Police Department in a secure file outside the regular personnel files. Access to the file will be extremely restricted--only the Mayor, Police Chief and/or his designee and employee will have access to that file. All records will be treated in the most confidential fashion by the City and the Union. Disclosures, without employee consent, may occur when: (i) The information is compelled by law or judicial or administrative process; (ii) The information has been placed at issue in a formal dispute between the City and the prospective employee; (iii) The information is needed by medical personnel for the diagnosis or treatment of a patient who is unable to authorize disclosure. h. All costs associated with substance abuse testing, other than an independent analysis requested by the employee, will be paid by the City. i. Should analysis of the specimens indicate a negative level of a substance in an employee's system, the employee will be reinstated to the employee's former position. All test results shall be kept in the Police Department in accordance with 14.4(g5(j) (ii). j. Should analysis of the specimens indicate a positive level of a substance in an Employee's system, the City will have the following options: (i) Discharge the employee; or (ii) Provide the employee an opportunity to enter into a Last Chance Agreement. The Last Chance Agreement shall require the employee be 02-13-2018 Council Meeting Agenda Packet Page 83 of 241 evaluated by a qualified drug/alcohol counselor to determine the extent of the employee's chemical dependency. If, in the opinion of the counselor, the employee requires rehabilitation services, and the City agrees, the employee will be placed on a non-paid leave-of-absence for a period not to exceed sixty (60) days and shall enroll in and complete a certified alcohol and/or drug rehabilitation program. An employee may use accumulated sick leave or vacation during this sixty (60) day period. If the employee successfully enrolls and completes the program within sixty (60) days, the employee will be reinstated to the employee's former position. The City reserves the right to approve the selection of the rehabilitation counselor, facility and program content. Cost of the rehabilitation program will be paid by the employee or medical insurance provider (within contractual limitation). The employee will submit to the Police Chief or his designee semi-weekly written progress reports from the employee's counselor during the entire treatment program. The employee will be reinstated to the employee's former position when the following conditions have been met: a. The employee has successfully completed the treatment program; and b. The attending counselor has formally released the employee to return to work; and c. The employee agrees to submit to a substance abuse test. During the next twelve (12) months following reinstatement, the employee consents to be tested for the presence of alcohol, drugs and/or controlled substances at any time, with or without cause. Any subsequent violation of this Agreement will be grounds for immediate discharge. 14.6 Self-Recognized Substance Abuse. Employees with a substance abuse problem may notify their supervisor of their condition. For evaluation purposes, a substance abuse test may be appropriate. If, in the opinion of a qualified drug/alcohol counselor, the employee requires rehabilitation services, and the City agrees, the employee will have an option to enroll in a rehabilitation program and be subjected to the guidelines as outlined in Section 14.4 above. Any employee who complies with the above requirements, prior to a violation of this policy, shall be immediately granted leave without pay in accordance with Section 14.4(j)(2) above. 14.7 Employer Conducted Searches. The City reserves the right to conduct searches of City employees, property, vehicles or equipment at any time or place. Failure to cooperate with these procedures will be grounds for discharge. 02-13-2018 Council Meeting Agenda Packet Page 84 of 241 ARTICLE 15. UNIFORMS AND EQUIPMENT 15.1 Uniforms and Equipment. All employees covered by this Agreement shall be eligible to be reimbursed for a reimbursement allowance of up to six hundred dollars ($600) per year for the purchase and maintenance of non -issued uniforms and police-related equipment as approved by the Chief of Police or his/her designee. 15.2 Upon hiring, the City shall furnish uniforms and all necessary equipment to officersemployees assigned to uniformed duty. As of the execution date of this agreement, the uniform includes: Clothing: (1) Multi- purpose coat (1) Hat and rain cover (a baseball cap may be substituted) (3) Long-sleeved uniform shirts (3) Short-sleeved uniform shirts (3) Pairs of uniform pants Badges, brass and insignia as needed Equipment: Duty belt Inner belt Duty Holster level II retention or higher OC holster Magazine pouch Handcuff case(s) Baton ring or pouch Radio carrier Duty weapon with minimum three (3) magazines Baton (2) Sets of handcuffs OC spray Portable radio and shoulder microphone. NEW Ballistic vest of quality manufacture meeting or exceeding NIJ Standard-0101.06 for Ballistic-Resistance of Body Armor threat level II through IIIA (officer’s choice). 15.2.1 The City will have City Emblems sewn to shirts and will have necessary alterations made to shirts and pants asat time of issue. 02-13-2018 Council Meeting Agenda Packet Page 85 of 241 15.2.2 All items provided to new employee will be new and of quality manufacture with exception of duty pistol, which if used, shall be certified as fit for duty by qualified amorerarmorer. 15.2.3 Employee’s may choose to substitute personally own equipment in lieu of City provided items with approval of Chief of Police. 15.2.3a Employees may substitute a jumpsuit for one (1) long sleeved, one (1) short sleeved shirt and pair of pants. 15.2.4 Summer Uniform. OfficersEmployees may choose to wear a summer uniform consisting of a French blue, navy blue or black polo shirt marked by City Emblems and “POLICE” in large lettering on back of shirt and lightweight uniform pants or shorts. This uniform may be worn from May 1st through September 31st. ARTICLE 16. GRIEVANCES 16.1 Purpose. The purpose of this grievance and arbitration procedure is to provide an orderly method of resolving grievances. A determined effort shall be made to settle any such differences at the lowest level in the grievance procedure and there shall be no suspension of work or interference with the operations of the City. 16.2 Definition. A grievance is defined as a complaint arising under and during the term of this Agreement raised by an employee or the Union involving an alleged violation, misinterpretation or misapplication of an express provision of this Agreement. If a matter involves disciplinary action or discharge, the aggrieved employee either may, in accordance with paragraph 2016.4 below, file a grievance or demand an investigatory hearing before the City's Civil Service Commission. A grievance shall be filed within the time limits set out below otherwise said grievance is forever waived. 16.3 Grievance Procedure Steps. Grievances shall be processed in accordance with the following procedures within the stated time limits: 16.3.1 Informal Grievance Procedure. a. An employee, within fifteen (15) calendar days from the occurrence or knowledge of the occurrence of an alleged grievance or when the employee should reasonably have known of the existence of the grievance, shall present the alleged grievance to his immediate supervisor. The employee has the option of being accompanied by the local Union Business Representative. The immediate supervisor shall respond to the alleged grievance within fifteen (15) Formatted: Font: 12 pt 02-13-2018 Council Meeting Agenda Packet Page 86 of 241 calendar days. If the matter is not satisfactorily resolved, then the employee may initiate a formal grievance in accordance with the provisions set out below within fifteen (15) calendar days from the receipt of the immediate supervisor's reply. b. Should an employee or the City have a concern which could result in a grievance either party shall bring up the matter within fifteen (15) calendar days from the occurrence or knowledge of the occurrence of the concern which gave rise to the potential grievance or said potential grievance shall be forever waived. The aggrieved party shall first discuss the matter with the other party to provide an opportunity for clarification and/or appropriate adjustment, consistent with the terms of this Agreement. Should the matter not be resolved informally the aggrieved party may elect to take the matter through the formal grievance procedure set out below. 16.3.2 Formal Grievance Procedure. The formal grievance procedure shall be as follows: a. Step 1. If any employee is not satisfied with the supervisor's response to his/her informal grievance, the employee and/or the Union, within fifteen (15) calendar days from the receipt of supervisor's response in paragraph 16.3.1 above, shall present the alleged grievance to his immediate supervisor in writing, setting forth the nature of the grievance, the facts and/or documents on which it is based, the provision or provisions of the Agreement allegedly violated and the relief requested. Any grievance not filed within the time limits set forth in this Step shall not be considered further unless both the City and Union agree, in writing, to extend the time period. The supervisor shall respond to the alleged grievance within fifteen (15) calendar days after receipt of the grievance. b. Step 2. If the Union is not satisfied with the solution recommended by the employee's supervisor in Step 1, the Union shall submit, in writing, within fifteen (15) calendar days of receipt of the proposed resolution in Step 1, the grievance to the Chief of Police. The Chief of Police shall respond in writing to the Union within fifteen (15) calendar days from the date of receipt of the grievance. Any grievance not presented within the time limits set forth in this Step shall not be considered further unless both the City and Union agree, in writing, to extend the time period. c. Step 3. If, after fifteen (15) calendar days from receipt of the Chief of Police's reply, the Union states, in writing, that the grievance remains unresolved; the Union may submit a written request for arbitration. 16.3.3 Selection of Arbitrator. The City and the Union will endeavor to select a mutually acceptable arbitrator to hear the dispute. If the City and the Union are not able to agree upon an arbitrator within thirty (30) working days after receipt by the City or Union of the written demand for arbitration, the Union or City may Formatted: Font: 12 pt, Condensed by 0.15 pt Formatted: Font: 12 pt, Condensed by 0.15 pt 02-13-2018 Council Meeting Agenda Packet Page 87 of 241 request a list of nine (9) arbitrators from the Federal Mediation and Conciliation Service or the American Arbitration Association. After receipt of the same the parties shall, within thirty (30) days, alternately strike the names of the arbitrators until only one (1) name remains who shall, upon hearing the dispute, render a decision which shall, subject to the provisions of paragraph 16.3.5 below, be final and binding upon all parties. In conducting a hearing, the arbitrator shall keep a verbatim record of testimony either by tape recording or a court reporter. The arbitrator's decision may not provide for retroactivity prior to the filing of the grievance. 16.3.4 Arbitrator Expenses. Each party shall pay the expenses of their own representatives, witnesses and other costs associated with the presentation of their case. The expenses of the arbitrator, the cost of any hearing room and the cost of a court reporter, unless such are paid by the State of Washington, shall be borne equally by the parties. 16.3.5 Limitation on Arbitrator's Authority. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of an express provision of this Agreement. The arbitrator shall only be empowered to determine the issue raised by the grievance and submitted in writing at Step 1 or Step 2. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall not have the authority to award punitive damages. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. Any decision or award the arbitrator rendered within the limitations of this Article shall be final and binding upon the City, the Union and the employees covered by this Agreement. In the event the arbitrator finds that he/she has no authority or power to rule in the case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case. 16.4 Time Limits. The time limits contained herein are established to settle grievances quickly. If any party fails to file a grievance, formally or informally, or demand an investigatory hearing before the Civil Service Commission within fifteen (15) calendar days for grievances or ten (10) calendar days for an investigatory hearing by the Civil Service Commission, from the date of the occurrence or when the party reasonably should have known of the occurrence, then said party forever waives the grievance or right to demand an investigatory hearing as well as all rights and remedies with regard to said grievance or investigatory hearing. The time limits may be extended only by written agreement of the Parties. Failure to submit a grievance or request for investigatory hearing to the Civil Service Commission within the time 02-13-2018 Council Meeting Agenda Packet Page 88 of 241 limits imposed shall terminate the employee's right to file a grievance or demand an investigatory hearing, and said grievance shall be considered withdrawn. 16.5 Election of Remedies. It is specifically and expressly understood and agreed that taking a grievance appeal to arbitration constitutes an election of remedies and a waiver of any and all rights by the appealing employee, the Union, and all persons they represent, to litigate, or otherwise contest the appeal or the subject matter of the appeal in any court, before the Civil Service Commission or any other available forum. Likewise, litigation or any other contest of the subject matter of the grievance in any court or other available forum, or a demand for an investigatory hearing before the Civil Service Commission shall constitute an election of remedies and waiver of any and all rights by the employee, the Union and all persons they represent to grieve, arbitrate or otherwise contest said subject matter in any other forum. ARTICLE 17. MISCELLANEOUS 17.1 Retired Officers: The City will make available to honorably retired officersemployees, the opportunity to use the East Wenatchee Police firing range for the purposes of qualifying for the national right to carry firearms permit. ARTICLE 18. POLICE OFFICER’SEMPLOYEE’S BILL OF RIGHTS 18.1 Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him of the matter. Nothing herein shall operate as a waiver of the Union’s right to request bargaining information. 18.2 There shall be a Union representative present as an ex officio observer on accident review boards and use of force review boards. The City will provide the Union with copies of the findings of all review boards. 18.3 Administrative Investigations must be completed within 180 days of the matter coming to the attention of the Chief of Police. In the event the Chief of Police believes an extension beyond 180 days is necessary, and the City establishes an appropriate burden that it has acted with due diligence and the investigation could not reasonably be completed due to factors beyond the control of the City (for example, extended illness or other unavailability of a critical witness, such as the complainant or the officeremployee being investigated, or necessary delays in the processing of forensic evidence by other agencies), the City must contact the Union prior to the expiration of the 180 days seeking to extend the time period. Any request for extension based on the unavailability of witnesses shall include a showing that the witness is expected to become available in a reasonable period of 02-13-2018 Council Meeting Agenda Packet Page 89 of 241 time. A request for extension based upon the above criteria will not be unreasonably denied. 18.4 The 180 day period shall be suspended when a complaint involving alleged criminal conduct is being reviewed by a prosecuting authority or is being prosecuted at the local, state or federal level, or if the alleged conduct occurred in another jurisdiction and is being criminally investigated or prosecuted in that jurisdiction. In cases of an officeremployee involved in a fatal incident, the 180 day period will commence when the completed criminal file is provided to the Prosecuting Attorney, and will only be tolled in the event criminal charges are filed. 18.4.1 In the event an outside agency conducts a criminal investigation of a matter within the jurisdiction of the City, and the East Wenatchee Police Department receives the completed criminal file with less than sixty (60) days remaining for the administrative investigation, the City will have up to an additional sixty (60) days to complete its administrative investigation. However, in no event shall the investigation last more than 240 days. 18.4.2 Compliance with this provision is required if findings are to be entered or discipline is to be imposed. Issuance of a Loudermill notice of intent to discipline will constitute conclusion of the administrative investigation for purposes of this section. 18.4.3 Nothing in this article prohibits the City from disciplining (provided just cause exists) an officeremployee convicted of a crime. ARTICLE 19. WAIVER OF BARGAINING 19.1 Entire Agreement. This Agreement, upon ratification, supersedes all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term, unless otherwise expressly provided herein. 19.2 Opportunity to Negotiate. The Parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the Parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the duration of this Agreement, each waives the right, and each agrees that the other 02-13-2018 Council Meeting Agenda Packet Page 90 of 241 shall not be obligated to bargain collectively with respect to any subject or matter referred or covered in this Agreement. 02-13-2018 Council Meeting Agenda Packet Page 91 of 241 ARTICLE 20. SAVINGS CLAUSE 20.1 It is the intention of the parties hereto to comply with all applicable laws and they believe that each and every part of this Agreement is lawful. All provisions of this Agreement shall be complied with unless any of such provision shall be declared invalid or inoperative by a Court of final jurisdiction. Should any provision of this Agreement or the application of such provision be rendered invalid by a Court of final jurisdiction or by reason of any existing or subsequently enacted in legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. 20.2 Conflict With Legal or Affirmative Action Requirements. If there is any conflict between the provisions of this Agreement and any legal obligations or affirmative action requirements imposed on the City by federal, state statutory or common law, administrative rule or regulation, or executive order, then such legal obligations or affirmative action requirements thus imposed shall be controlling. ARTICLE 21. AMENDMENT OF AGREEMENT 21.1 This Agreement may be amended only by the mutual written agreement of the Parties. Such amendment shall be lettered, dated and signed by the Parties and, together with the attached Appendices "A” and "B", shall constitute a part of this Agreement. ARTICLE 22. LONGEVITYDURATION 22.1 This Agreement shall be effective January 1, 2011, and shall remain in full force and effect through December 31, 2013. Upon termination of this Agreement, all benefits and obligations hereunder shall be terminated and shall not survive the Agreement. The Parties may extend the terms of this Agreement by written agreement. 22ARTICLE 23. LONGEVITY 23.1 Longevity. The following longevity pay will be added to the employees’ base monthly salary on the following schedule: After completion of: 5 consecutive years of service 1% of the employee’s base monthly salary 10 consecutive years of service 2% of the employee’s base monthly salary 15 consecutive years of service 3% of the employee’s base monthly salary Formatted: Not Expanded by / Condensed by 02-13-2018 Council Meeting Agenda Packet Page 92 of 241 20 consecutive years of service 4% of the employee’s base monthly salary 25 consecutive years of service 5% of the employee’s base monthly salary 30 consecutive years of service 6% of the employee’s base monthly salary 23.1.1 Longevity pay is not cumulative. ARTICLE 23. DURATION 23.1 This Agreement shall be effective January 1, 2018, and shall remain in full force and effect through December 31, 2021. Upon termination of this Agreement, all benefits and obligations hereunder shall be terminated and shall not survive the Agreement. The Parties may extend the terms of this Agreement by written agreement. DATED this ____ day of _________________, 20142018. CITY OF EAST WENATCHEE TEAMSTERS UNION LOCAL NO. 760 By: By: Formatted: Indent: Left: 0", Hanging: 4" 02-13-2018 Council Meeting Agenda Packet Page 93 of 241 APPENDIX "A" Effective Effective Effective 01/01/15 01/01/16 01/01/17 (2.5%) (2.5%) (2.5%) Executive Secretary $4,555.60 Records Specialist $4,238.88 Effective Effective Effective Effective 1/1/2018 1/1/2019 1/1/2020 1/1/2021 Increase 3.5% Increase 3.5% Increase 3.5% Increase 3.5% Executive Secretary – Level 1 5,077.59 5,255.31 5,439.24 5,629.61 Executive Secretary – Level 2 4,835.80 5,005.05 5,180.23 5,361.54 Executive Secretary – Level 3 4,605.52 4,766.71 4,933.55 5,106.22 Executive Secretary - Entry 4,186.84 4,333.38 4,485.05 4,642.02 Records Specialist – Level 1 4,721.47 4,886.72 5,057.76 5,234.78 Records Specialist – Level 2 4,496.63 4,654.01 4,816.90 4,985.49 Records Specialist – Level 3 4,282.51 4,432.40 4,587.53 4,748.10 Records Specialist - Entry 3,893.19 4,029.45 4,170.48 4,316.45 Formatted: Font: Bold, Underline, Font color: Auto Formatted: Heading 1, Centered, Indent: Left: 0",Hyphenate, Tab stops: Not at -1" Formatted: Indent: Left: 0.5" 02-13-2018 Council Meeting Agenda Packet Page 94 of 241 APPENDIX "B" Authorization for Check Off of Union Dues I hereby authorize the City Clerk to deduct from my earnings, the regular monthly dues (uniform in dollar amount) in the amount certified by the Financial Officer of Teamsters Union Local No. 760, and further authorize the remittance of such amount(s) to said Local Union in accordance with the currently effective Agreement between the City and the Union. This authorization is revocable by a notice in writing by certified mail to the City Clerk and the Union. I hereby waive all right and claim for said money so deducted and transmitted in accordance with this authorization and, further and separately, relieve the City, its employees, officers, representatives, and agents from liability therefore. Signature 02-13-2018 Council Meeting Agenda Packet Page 95 of 241 APPENDIX “C” PHYSICAL FITNESS STANDARDS City’s fitness incentive model, BLEA/PAT Model: two tier; min 160 points = $300; maximum 200 points = $500. One test per year per officer, scheduled twice annually. 02-13-2018 Council Meeting Agenda Packet Page 96 of 241 LABOR AGREEMENT By & Between CITY OF EAST WENATCHEE, WASHINGTON and TEAMSTERS LOCAL UNION NO. 760 TEAMSTERS, FOOD PROCESSING EMPLOYEES, PUBLIC EMPLOYEES, WAREHOUSEMEN AND HELPERS Representing Police Clerical Employees JANUARY 1, 2018 To DECEMBER 31, 2021 02-13-2018 Council Meeting Agenda Packet Page 97 of 241 Table of Contents ARTICLE 1. DEFINITIONS ......................................................................................... 4 ARTICLE 2. RECOGNITION ....................................................................................... 6 ARTICLE 3. NON-DISCRIMINATION ........................................................................ 6 ARTICLE 4. UNION SECURITY AND VOLUNTARY DUES CHECK OFF ............. 6 ARTICLE 5. MANAGEMENT CLAUSE ...................................................................... 7 ARTICLE 6. CIVIL SERVICE AND SENIORITY ......................................................... 8 ARTICLE 7. FAIR REPRESENTATION .................................................................... 10 ARTICLE 8. NO-STRIKE CLAUSE ............................................................................. 10 ARTICLE 9. HOURS OF WORK, OVERTIME AND OTHER PAY .......................... 11 ARTICLE 10. HOLIDAYS ........................................................................................... 15 ARTICLE 11. LEAVES ................................................................................................ 16 ARTICLE 12. INSURANCE ........................................................................................ 17 ARTICLE 13. WORKERS COMPENSATION ............................................................. 19 ARTICLE 14. DRUG TESTING .................................................................................. 20 ARTICLE 15. UNIFORMS AND EQUIPMENT ........................................................ 25 ARTICLE 16. GRIEVANCES ...................................................................................... 26 ARTICLE 17. MISCELLANEOUS .............................................................................. 29 ARTICLE 18. POLICE OFFICER’S BILL OF RIGHTS ............................................ 29 ARTICLE 19. WAIVER OF BARGAINING................................................................ 31 ARTICLE 20. SAVINGS CLAUSE ............................................................................. 31 ARTICLE 21. AMENDMENT OF AGREEMENT ...................................................... 31 ARTICLE 22. DURATION ........................................................................................... 32 02-13-2018 Council Meeting Agenda Packet Page 98 of 241 ARTICLE 23. LONGEVITY ........................................................................................ 32 APPENDIX "A" ............................................................................................................. 33 APPENDIX "B" ............................................................................................................. 34 02-13-2018 Council Meeting Agenda Packet Page 99 of 241 THIS AGREEMENT is entered into by and between the CITY OF EAST WENATCHEE, WASHINGTON (“Employer”) and the TEAMSTERS UNION LOCAL NO. 760 (“Union”). ARTICLE 1. DEFINITIONS 1.1 “Employer” or “City” means the City of East Wenatchee, Washington. 1.2 “Union” means the Teamsters Union Local No. 760. 1.3 “Employee(s)” or “Officer(s)” means an individual employed in the Bargaining Unit covered by this Agreement. The term “employee” as used in this Agreement includes both male and female employees covered by this Agreement. In addition, wherever in this Agreement the masculine gender is used, it is the intent for it to apply to the feminine gender as well. 1.4 “Bargaining Unit” means those employees for whom the Union is recognized as the collective bargaining agent pursuant to paragraph 2.1. 1.5 “Full-time Regular Employee” means an employee, other than a temporary employee, who is scheduled to work a “Normal scheduled work week” and who has successfully completed his probationary period. 1.6 “Probation Period” means a one (1) year period, commencing upon the initial date of hire as a full-time regular employee, during which period an employee may be disciplined or discharged by the City at will and without appeal or recourse to the grievance procedure. An employee is ineligible for certain benefits provided by this Agreement during the probationary period. 1.7 “Promotional Probation Period” means a six (6) month period commencing upon the initial date of a promotion during which a promoted employee may return to his previous classification by the City at will without appeal or recourse to the grievance procedure. 1.8 “Regular Basic Hourly Rate of Pay” means the base hourly rate paid an employee. The regular basic hourly rate of pay shall be calculated based upon annual work hours of two thousand and eighty (2080). 1.9 “Normal scheduled work week” means hours of work, days on, and days off established through annual shift bidding. 1.10 “Paid Status/Hours worked” Comp hours, Vacation hours, Sick hours, Paid Admin Leave, Holiday hours, Regular hours worked, and Overtime hours worked. 02-13-2018 Council Meeting Agenda Packet Page 100 of 241 1.11 “Day shift” 0600-1400 hours. 1.12 “Swing shift” 1400- 2000 hours. 1.13 “Graveyard shift” 2000-0600 hours. 1.14 “Relief shift” Any normal scheduled work week resulting in two or more start times during a group of consecutive days worked or any normal scheduled work shift designed to result in working hour adjustments to cover other employee’s leave requests. 1.15 “Date of Employment” The first day in paid status; used for the purpose of computing advancements between the various grades of police clerical, and for computing other compensation eligibility. 1.16 “Overtime Rate” Overtime is to be paid at the rate of one and one-half (1-½) times the regular basic hourly rate of pay, including stipends and longevity, hereinafter referred to as time and a half. 1.17 “Extended Leave” An absence, whether due to military leave, administrative leave, sick leave, light duty or leave of absence, continuous of two calendar months or more. 1.18 “Shift” shall include roll call, mealtime and breaks. As used in this Agreement, the word "day" shall mean a calendar day. 1.19 “Mandatory Overtime” Overtime that may not be refused by employees. 1.20 “Call Back” A call back is defined as an official assignment of work, which does not immediately precede less than two (2) hours or immediately follow less than two (2) hours after an employee’s scheduled work hours. 1.21 “Holiday Pay” payment of shift worked a holiday listed in Article 11 at the rate of 1.5 times an employee’s regular basic hourly rate of pay, including stipends and longevity, in addition to the regular basic hourly rate of pay for the shift worked that day. 1.22 "Eligible Dependent" is an employee's husband, wife, qualified domestic partner, biological child, stepchild, adopted child, or child of a qualified domestic partner who is eligible for coverage according to the terms and conditions of the City's insurance carrier and who is not enrolled in another medical/dental/orthodontia/vision plan. 02-13-2018 Council Meeting Agenda Packet Page 101 of 241 ARTICLE 2. RECOGNITION 2.1 Recognition. The Employer recognizes the Union as the sole collective bargaining agent for the purpose of collective bargaining in respect to wages, hours, and other terms and conditions of employment for the employees of the City of East Wenatchee’s Police Department as follows: 2.1.1 Included: All non-supervisory full-time regular Law Enforcement Administrative Secretaries, Records Custodians and Dispatch personnel of the City of East Wenatchee Police Department. 2.1.2 Excluded: The Chief of Police, Captains, Lieutenants, Regular Law Enforcement Officers, supervisors, members of the Police Reserve, confidential, part-time and temporary employees and all other employees of the City. ARTICLE 3. NON-DISCRIMINATION 3.1 Unless it is based upon a bona fide occupational qualification each provision of this Agreement applies to each employee without discrimination as to sex, race, creed, color, national origin, marital status, sexual orientation, age honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. 3.2 City/Union Responsibilities. The Union and the City shall share equally in the responsibility for applying this provision of the Agreement. 3.3 Remedies. Employees believing themselves to have been the subject of unlawful discrimination shall seek relief through the appropriate federal or state agency charged with investigating such matters. This Article shall not be subject to the grievance and arbitration procedures set forth in this Agreement. ARTICLE 4. UNION SECURITY AND VOLUNTARY DUES CHECK OFF 4.1 Union Membership. All present employees covered by this Agreement shall, as a condition of employment, become and remain members of the Union in good standing thirty (30) days after the signing of this Agreement. All future employees shall be required to become and remain Union members thirty (30) calendar days after being employed. 02-13-2018 Council Meeting Agenda Packet Page 102 of 241 Employees who fail to comply with this requirement shall be discharged by the Employer within thirty (30) days after receipt of written notice to the Employer from the Union. Any Employee having objections to Union membership based on bona fide religious tenets or teachings of a Church or religious body of which he/she is a member, shall pay an amount of money equivalent to regular Union dues and initiation fees to a non-religious charity or to another charitable organization mutually agreed upon by the objecting employee and the Union. Upon request by the Union written proof of such payment shall be given to the authorized representative of the Union. 4.2 Dues Check Off. Upon receipt of a signed authorization from an employee in the form set forth in Appendix "B", the regular monthly dues (uniform in dollar amount) of the Union shall be deducted from such employee's pay. The Financial Officer of the Union shall notify the City Clerk by certified mail of the amount of uniform dues to be deducted. Deduction shall be made on the employee's regular monthly payday and shall be remitted promptly to the Financial Officer of the Union. 4.3 Indemnification. The Union shall indemnify and hold the City, its officials, representatives, and agents harmless from and against any and all claims, demands, suits, judgments or other forms of liability (including attorney's fees and costs incurred in enforcing this indemnity clause) that may arise out of, or by reason of, any action taken or not taken by the City, its employees, officers, representatives or agents for the purpose of complying with the provisions of this Article. ARTICLE 5. MANAGEMENT CLAUSE 5.1 Retention of Rights. The City shall retain all customary, usual and exclusive rights, functions, prerogatives, and authority connected with or incident to its responsibility to manage the affairs of the Police Department without the need or obligation to bargain further with respect to any such subjects or the effects thereof or the exercise of its discretion and decision-making authority. 5.2 Management Rights. The exclusive prerogatives, functions and rights of the City include, but shall not be limited to, the following: a. determining the specific programs and services offered by the City, and the methods, means and facilities by which they shall be effectuated; b. determining the nature and qualifications of the work force and assigning duties and equipment, along with directing and evaluating employees in the performance of their work assignments, and determining schedules of work and time off; 02-13-2018 Council Meeting Agenda Packet Page 103 of 241 c. hiring, promoting, training, retaining, laying off, (subject only to the city's civil service system and the rules and regulations of the city's civil service commission); suspending, and disciplining, demoting and discharging employees for just cause and discharging probationary employees at will; d. setting standards of service, and establishing department policy/procedures, work rules, regulations, safety procedures and personnel policies and procedures; e. selecting, increasing, diminishing or changing equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment; f. effecting a reduction in authorized positions because of lack of work, budgetary restraints, physical limitations, organizational changes, or other reasons; and g. taking any action necessary to carry out its mission in an emergency. This list is not an all-inclusive list of all the City's rights, functions, prerogatives or authority, but only serves as a general guide. The City expressly reserves, and the Union agrees, that the City retains all customary, usual and exclusive rights as set out in paragraph 5.1 of this Agreement, unless expressly set forth to the contrary in this Agreement. 5.3 Exclusions. The following are specifically excluded from coverage of the grievance procedure set out in Article 16 of this Agreement: 5.3.1 work assignments unless the complaint arises out of an allegation that the employee was required to work in violation of applicable sections of this Agreement; and 5.3.2 sub-contracting out work covered by this Agreement. 5.4 Effect of City Ordinances, Resolutions and Policies. Unless otherwise specified in this Agreement wages, hours, holidays, sick leave, vacation and related working conditions shall be in accordance with City ordinances, resolutions and policies, including any amendments hereafter adopted. ARTICLE 6. CIVIL SERVICE AND SENIORITY 6.1 Civil Service. Unless otherwise set forth in this Agreement the Union agrees the City's existing Civil Rules, as set out in Title III of the East Wenatchee Municipal Code ("EWMC"), shall be incorporated herein. If the East Wenatchee City Council adopts a new Title III to the EWMC governing the City's Civil Service System, then 02-13-2018 Council Meeting Agenda Packet Page 104 of 241 the new provisions of the City's Civil Service System shall be incorporated by reference into this Agreement. 6.2 Seniority. Seniority, as used in this Agreement, is defined as the length of an employee's continuous full-time service with the East Wenatchee Police Department since his/her last date of hire, including any authorized leave of absence, up to a maximum of one (1) year. 6.3 Application of Seniority. For all applications of seniority under this Agreement, the ability of the employee shall mean the qualifications, skills and ability (including physical ability) of an employee to perform the required work. In the event two or more employees are deemed qualified by the City, then seniority will be used as a tie-breaker. In the event of lay-offs and/or recall from layoff, the qualifications, skills, work history and ability of an employee to perform the essential functions of a particular position shall be considered prior to seniority in selecting individuals for layoff or recall from layoff. No new employees shall be hired in any classification until all employees on lay off status have had an opportunity to return to work with full seniority or more than twelve (12) months has passed since the date of layoff. No employees shall be promoted until all employees have returned to the rank held prior to layoff. 6.4 Seniority List. Upon request the City shall provide the Union a list of all current employees of the Bargaining Unit with their respective seniority dates. Any objections to such list shall be reported to the Police Chief or his designee within seven (7) working days of the date of receipt or said list shall be approved as submitted. 6.5 Rank and Service. An employee shall lose all seniority in the event the employee: a. quits; or b. is discharged; or c. is absent for three (3) consecutive working days without notifying the Chief of Police, or his designee; or d. is laid off for a period in excess of one (1) year; or e. retires or is retired; or f. misrepresents facts or information on his employment application. Seniority shall not accrue when an Employee is off the job due to strike or unauthorized form of work stoppage pursuant to Article 8, paragraph 8.1 of this Agreement. 02-13-2018 Council Meeting Agenda Packet Page 105 of 241 ARTICLE 7. FAIR REPRESENTATION 7.1 Union Responsibility and Indemnification. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees fairly. The Union further agrees to indemnify, defend and hold harmless the City and its officials, representatives and agents from any and all claims, demands, suits or other forms of liability (monetary or otherwise) and for all legal costs resulting from any failure on the part of the Union to fulfill its duty of fair representation, unless the City intentionally interferes with the Union's efforts to represent Bargaining Unit employees. 7.2 Union Investigation and Visitation Privileges. The City agrees that the Union's local Business Representative, with prior notice to and permission of the Chief of Police or his designee, may visit the City Police Department at reasonable times for the purpose of investigating grievances. Such representative shall limit his activities during such investigations to matters relating to this Agreement; provided, however, he shall not interfere with the operation or normal routine of the Police Department. The City reserves the right to designate a meeting place or to provide a representative to accompany the local Union Business Representative where operational requirements do not permit unlimited access. ARTICLE 8. NO-STRIKE CLAUSE 8.1 No Strikes or Work Stoppages. Neither the Union nor any officers, agents of the Union or Employees shall aid, cause, promote, authorize, sponsor, participate in or condone any strike, slow-down, refusal to perform overtime, or any other interruption or disruption with the work and/or statutory functions and/or obligations of the City, regardless of the reason for doing so. Employees who engage in any of the above-referenced activities shall not be entitled to any pay for any wages or other fringe benefits during the period such employee is engaged in any such activities. 8.2 Picket Lines. Employees, while on duty or in uniform, shall not honor any picket line, whether established by the Union or otherwise. 8.3 Violation of this Article. The City may discipline or discharge any employee who violates this Article. The Union expressly agrees any such action by the City shall not be grievable by the Union or otherwise appealable by the employee to any Court or tribunal. 8.4 Union Obligations. In the event of a violation of this Article by any member of the Bargaining Unit, the Union agrees to inform its members of their obligations under this Agreement and direct them to comply with this Article. 02-13-2018 Council Meeting Agenda Packet Page 106 of 241 ARTICLE 9. HOURS OF WORK, OVERTIME AND OTHER PAY 9.1 Scope. This Article defines the normal hours of work and establishes the basis for the calculation of overtime. It is not a guarantee of hours of work per day, work period, month or year and it is not intended to establish a right to compensation in any form for time not worked, unless specifically set forth in this Article. 9.2 Normal Work Week and Work Day. The normal work week shall consist of four (4) ten (10) hour shifts and/or five (5) eight (8) hours shifts. The sum total of regular time worked shall not exceed forty (40) hours per week based on an annual average. The City agrees to endeavor to limit scheduling of split shifts to relief of emergency situations. 9.2.1 Employees shall be permitted to voluntarily trade shifts, provided the Chief or his designee approves any/all exchanges in advance. The Union and the City agree that, should problems arise regarding approval of shift trades, the parties shall meet to discuss the issue(s) for resolution. It is further agreed the disputes regarding shift trades are not subject to Article 16 Grievances. The recipient of the shift assumes full ownership as if it is his/her own shift. Hours involved in the exchange will not be subject to overtime pay without approval of the Chief or his designee. 9.3 The City will establish a work schedule through Seniority Shift bidding. This will be conducted by October 15th of the previous year, for the next year’s shift work schedules. employees will choose their preferred shift to establish their normal scheduled work week. Order of choice will be made by seniority highest to lowest. 9.3.1 In the event of an employee’s separation from employment, promotion or extended leave, Seniority Shift bidding will be conducted again for the remainder of the year. This bid shall occur within three (3) weeks of a qualifying event, unless impracticable. 9.4 The City will attempt to maintain a consistent and predictable work schedule for its employees. However, circumstances arise where changes must be made to the schedule to prevent disruption to City services, prior to implementing any changes, except in the case of an emergency, the City will give affected employees two (2) week notice. 02-13-2018 Council Meeting Agenda Packet Page 107 of 241 9.4.1 Changes with less than two (2) week notification may only result in an adjustment of up to two (2) hours before or two (2) hours after an employee’s normal scheduled work shift. Hours in excess of (2) hours will be paid at the overtime rate. 9.4.2 Notification of changes to an employee’s normal scheduled work week will be made by email and or by phone message. Employees have the obligation to reply to these messages. 9.4.3 Work schedules showing the employees' shifts, workdays, and hours will be posted on the department bulletin board. 9.5 If an overtime shift arises that cannot be scheduled seven days in advance, shifts shall be offered on a first-come-first served basis, utilizing the seniority list for contacting employees to the extent practicable. 9.6 Mandatory Overtime. The Chief of Police or his designee shall have the right to require overtime work and employees may not refuse overtime assignments. 9.7 Overtime Pay. Employees shall be paid one and one-half (1½) times their regular basic hourly rate of pay for all hours worked in excess of forty (40) hours in a work week if an employee is working a schedule that is based on a forty (40) hour week, eight (8) hours in a work day if an employee is working a five (5) day, eight (8) hour per day work week; or ten (10) hours in a work day if an employee is working a four (4) day, ten (10) hour per day work week; or hours in excess of the regularly scheduled shift, such as alternative work period schedules; i.e. twelve (12) hour / eight (8) hour combinations, etc. 9.7.1 All overtime shall be calculated and compensated for in fifteen (15) minute increments. 9.7.2 All overtime shall be authorized by the Chief of Police or his designee in advance or such longer time that is reasonable under the circumstances, in order to qualify as paid time. 9.8 Employees may accrue Compensatory time in lieu of overtime pay. Compensatory time may be accrued at the rate of time and one-half (1 ½) for up to one twenty hundred (120) hours per year. Compensatory time may be carried over from one calendar year to the next. 9.8.1 Compensatory time may be used when approved by the Chief of Police or his designee and may be used in lieu of vacation days. If the maximum amount of vacation time is accrued, vacation time shall be used prior to use of compensatory 02-13-2018 Council Meeting Agenda Packet Page 108 of 241 time. For record keeping and accountability compensatory time accrued or taken shall be recorded on the employee's monthly time sheet. 9.8.2 Requests for an employee’s usage of Compensatory time may only be denied if the approval will create a disruption of department services. Creation of overtime as a result of the approval of an employee’s request for usage of Compensatory time may not be a reason for denial. 9.9 Court Time. Employees required to appear in Court or to conduct other City-related business during their off-duty hours, either as employee or witness, shall receive a minimum of two (2) hours when scheduled to appear in Municipal Court, or four (4) hours when scheduled to appear in Superior Court, or for the actual time spent in court, whichever is greater. These hours will be compensated at the employee’s overtime rate. 9.9.1 When an employee is scheduled to appear in court outside of their regularly scheduled shift, prior to 1700 on the last business day preceding the court date, the employee shall call the court and check to see if their court appearance has been cancelled. If the employee fails to call the court as required and does not learn that the court appearance has been cancelled, the employee shall not be entitled to any overtime and/or callback pay for the court appearance. If court is cancelled between calling at 1700 hours and the appearance time, it is the courts responsibility to reasonably attempt to contact the employee. If not, the officer will be paid a minimum of two (2) hours of callback. 9.9.2 Jury Duty: Any necessary leave shall be allowed by the Chief to permit any employee to serve as a member of a jury. 9.10 Call Back. All callbacks shall be compensated at the appropriate rate for two (2) hours or for the actual time of the assignment, whichever is greater. All call back time will be counted toward the accumulation of hours under the terms of Article 10.7 for purpose of determining overtime payments. 9.11. In the event an employee is scheduled and works the swing shift, graveyard shift, or relief shift for a majority of the calendar month, the employee will be entitled to the following lump sum shift differential payment for the employee’s entire shift where a majority of the employee’s work hours fall on a particular shift: Shift Pay Swing .5 % of the employees base pay per month Graveyard .75 % of the employees base pay per month Relief 1% of the employees base pay per month 02-13-2018 Council Meeting Agenda Packet Page 109 of 241 9.12 Breaks. Each work day will include a thirty (30) minute lunch period and two fifteen (15) minute rest periods. All employees shall be subject to immediate call during meal or rest periods. 9.13 Drug Interdiction Task Force. Employees assigned as drug task force members will receive a stipend equal to four percent (4%) of the employee’s base monthly salary for meeting the necessary requirements to participate on the task force. 9.14 Bi-lingual employee. An employee who is fluent in a second language, and who is expected to use such abilities in the course of his/her employment with the City will be paid a stipend of four percent 4% of the employee’s base monthly salary for such services; subject to proficiency testing by a third party to be determined by the Employer. This stipend shall not be considered for pyramiding purposes. 9.15 Per Diem. If an employee is required to travel 50 miles or more away from the City and is required to stay overnight in the performance of his official duties, the employee shall be paid per diem allowance in accordance with the rates established by the US. General Services Administration. 9.16 Educational Incentive Pay. Employees possessing a degree from an accredited institution, will be eligible to be paid an educational incentive stipend in accordance with the following schedule: AA degree 1.5% of the employee’s base monthly salary BA, BS degree 3% of the employee’s base monthly salary MA, MS degree 5% of the employee’s base monthly salary The City shall determine whether any course taken or degree obtained qualifies as a law enforcement related course or degree. 9.16.1 The City will reimburse employees for the tuition cost of a course if the Mayor determines, in advance of enrollment, that the proposed course directly applies to the employee’s job. Payment shall occur when the employee provides a transcript, certification or some other document showing that he/she has successfully completed the course and received a passing grade of C or better, provided that the City shall not pay more than $200 per credit hour. 9.16.2 Employees may choose to receive the educational incentive pay outlined in 9.16 or tuition reimbursement outlined in 9.16.1, but not both. 02-13-2018 Council Meeting Agenda Packet Page 110 of 241 9.17 No Pyramiding. There shall be no pyramiding of overtime pay or other premium wages, including call back pay, under this Agreement. Nothing in this Agreement shall be construed to require the payment of overtime or other premium pay more than once for the same hours worked. 9.18 Stipends. Employees are only eligible to receive one of the stipends provided by Articles 9.13, 9.14, & 9.15. At no time will an employee receive more than one stipend in the same month. 9.19 Outside employment. Employees shall not be employed by employers other than the City, nor shall they contract for or accept anything of value in return for services, nor shall they otherwise be self-employed, for remuneration, without the prior approval of the Chief of Police or his designee. 9.20 Employees may hold outside jobs, including self-employment, if such employment does not involve the use of City equipment or supplies, or in the City's sole discretion, (1) result in a conflict of interest; (2) result in work for the City; (3) result in outside work during an employee's work shift; (4) result in having less than one full day off per work week; or (5) infringe on the employee's ability to fully perform their job duties for the City. Such employment will be approved or denied within a reasonable period of time. ARTICLE 10. HOLIDAYS 10.1 Holidays. New Year's Day (January 1) Martin Luther King Birthday (Third Monday of January) Presidents Birthday (Third Monday of February) Memorial Day (Last Monday of May) Fourth of July Labor Day (First Monday of September) Veteran's Day (November 11) Thanksgiving Day (Fourth Thursday in November) Day after Thanksgiving Christmas Day (1) Floating holiday 10.1.1 Employees shall be eligible for holiday pay if scheduled to work on the above listed holidays. 02-13-2018 Council Meeting Agenda Packet Page 111 of 241 10.1.2 Employees shall not be eligible for the Floating Holiday until the successful completion of one (1) year of continuous service. 10.2 To be eligible for holiday pay the employee must be in paid status the scheduled workday before and the scheduled workday after the paid holiday. If a holiday falls on the employee’s scheduled day off, the employee will be provided with an alternate day off and will be recorded on the employee's monthly time sheet as “Holiday Comp Time” (i.e., either twelve (12) hours for an employee working a five (5) day/eight (8) hour per day shift, or fifteen (15) hours for an employee working a four (4) day/ten (10) hour per day shift). These hours will be accumulated into a holiday bank not to exceed ninety (90) hours. This provision only applies when a holiday falls on the employee’s scheduled day off. 10.2.1 Requests for an employee’s usage of Holiday Compensatory time may be denied if the approval will create a disruption of department services or the creation of overtime as a result of the approval. The City will attempt to provide usage approvals prior to an employee’s loss of time in excess of ninety (90) hours, but it is the employee’s sole responsibility to maintain record of their accrued hours. ARTICLE 11. LEAVES 11.1 Vacation Leave, Sick Leave, Shared Leave, Military Leave, Family Leave, Paid Administrative leave and Leaves of Absence. Unless otherwise specified in this agreement, the City's existing policies and procedures regarding, sick leave, shared leave, disability leave, leaves of absence, and the medical/dental/vision insurance and retirement plans, shall apply to all employees covered by this Agreement. 11.2 Vacations. Each regular full-time employee is entitled to vacation leave as follows: Years Of Employment Vacation Hours Earned 0 - 4 years 8 hours / month 5 - 9 years 10 hours / month 10 - 14 years 12.67 hours / month 15 - 19 years 14 hours / month 20 – 24 years 16.33 hours / month 25+ years 17.33 hours / month 11.2.1 Vacation may be taken in hourly increments, minimum of one (1) hour. 02-13-2018 Council Meeting Agenda Packet Page 112 of 241 11.2.2 The maximum number of vacation hours which may be carried over from December 31 of one (1) year to January of the next year is two hundred forty (240) hours. Employees will be paid for unused vacation time upon termination of employment. 11.3 The City will establish a process for the annual bid for usage of Vacation Leave based on seniority. This bid will consist of two rounds of bid and will be offered before December 15th of each year for the following year’s vacation. 11.3.1 First round will be seniority based. Emergencies may dictate that the requested time is subject to change. However, if an employee, at no fault of their own is unable to reschedule leave time prior to the end of the year, the employee will not forfeit said leave. This time off will be limited to the usage of two (2) weeks or eighty (80) hours of leave in week long or forty (40) hour blocks. 11.3.2 Second will be seniority based. This time off will be limited to the usage of 2 weeks or eighty (80) hours, but may be used as individual days. 11.3.3 All requests for usage of Vacation Leave after annual bid process will be non-seniority, based first come first serve. The City has the right to refuse these requests based on department needs. 11.4 Leave usage upon retirement. Employees who are retiring from employment from the East Wenatchee Police Department may choose to use all accrued leave (Vacation Leave, Holiday Comp Time, and Comp Time) prior to date of retirement. During this time the employee’s schedule will be considered five (5), eight (8) hour days, Monday through Friday. No holiday benefits will be given as it will be considered that they are given them off. If an employee retires after July 30, 2012, the City will cash out a retiring employee’s sick leave at a rate of 25%. 11.5 Military Leave. The City shall provide employees military duty and training leave in accordance with the City's existing policies, which are incorporated herein by reference, and the applicable requirements of USERRA and applicable laws of the State of Washington. ARTICLE 12. INSURANCE 12.1 Coverage. The City will make available to employees and their eligible dependents substantially equal group medical, dental and vision insurance coverage and benefits as existed prior to the signing of this Agreement. The City agrees to pay the entire group medical, dental and vision insurance premiums for each employee 02-13-2018 Council Meeting Agenda Packet Page 113 of 241 and one (1) dependent, and fifty percent (50%) of the cost of those premiums for all additional dependents. PROVIDED, however, the City will only pay one premium for an employee (For example, if an employee is also an eligible dependent, he or she must elect to receive insurance as an employee or as a dependent). The City reserves the right to change or provide alternate insurance carriers, health maintenance organizations, or benefit levels or to self-insure as it deems appropriate for any form or portion of insurance coverage referred to in this Article, so long as the new coverage and benefits are substantially equal to the conventional insurance which predated this Agreement; provided, however, before making any such changes the City agrees to meet with the Union and discuss the proposed changes. The City will not be responsible for changes unilaterally imposed by an insurance provider in benefits, co-payment provisions, deductible amounts, or other policy provisions so long as the City uses its best efforts to minimize changes by incumbent insurance providers from one plan year to another. Probationary Employees shall be eligible to participate in the City's medical, dental or vision, or other insurance plans in accordance with the City's existing personnel policies and insurance programs. 12.2 An employee may waive his or her health insurance benefits. If an employee waives these benefits, the City will contribute $375 per month to a Health Reimbursement Account/VEBA in the employee’s name. An employee must elect waiver between November 1 and November 30 of each year, but such time may be extended by the employee if contract negotiations are not completed; in such an event the employee shall have up to 30 days from ratification to elect the wavier. Once an employee elects a waiver, he or she is ineligible to sign up for City benefits until the next open enrollment period, or as provided by law. 12.3 If an employee’s husband, wife, qualified domestic partner is eligible for coverage according to the terms and conditions of the City’s insurance carrier and is enrolled in another medical plan, the husband, wife, or qualified domestic partner may not enroll in the City-sponsored medical plan. The City, however, will contribute $375 per month to a Health Reimbursement Account/VEBA in the employee’s name. 12.4 If an employee’s dependent is eligible for coverage according to the terms and conditions of the City’s insurance carrier and is enrolled in another medical plan, the dependent may not enroll in the City-sponsored medical plan. The City, however, will contribute 50% of the saved premium per month, up to a maximum of $200 per dependent, with a maximum of two dependents, to a Health Reimbursement Account/VEBA in the employee’s name. The maximum contribution of the City under this section may not exceed $400. 02-13-2018 Council Meeting Agenda Packet Page 114 of 241 12.5 The maximum that the City will contribute to an employee’s Health Reimbursement Account/VEBA, for any reason, is $1,150 per month. 12.6 Cost Containment. The City reserves the right to institute cost containment measures relative to insurance coverage so long as the basic level of insurance benefits remain substantially equal to the conventional insurance coverage in affect immediately prior to this Agreement. Such changes may include, but are not limited to, mandatory second opinions for elective surgery, pre-admission and continuing admission review, preferred provider provisions, prohibition on weekend admissions, except in emergency situations and mandatory out-patient elective surgery for certain designated surgical procedures. Upon notice from the City's insurance carrier or insurance holder (currently AWC) informing the City that the premiums amounts may exceed the excise tax threshold or that it informs the City that the plan it currently provides to the City is being cancelled or discontinued, Article 12 of this Agreement will be opened. The City and Union shall meet to discuss and negotiate a resolution. If not resolved within 60 days of notice, the matter shall be referred to PERC for mediation. 12.7 Terms of Insurance Policies to Govern. The extent of coverage under the insurance policies (including self-insured plans), referred to in this Agreement shall be governed by the terms and conditions set forth in said policies or plans. Any questions or disputes concerning said insurance policies or plans or benefits there under shall be resolved in accordance with the terms and conditions set forth in said policies or plans and shall not be subject to the grievance and arbitration procedures set forth in this Agreement. The failure of any insurance carrier(s) or plan administrator(s) to provide any benefit for which it has contracted or is obligated shall result in no liability to the City, nor shall such failure be considered a breach by the City of any obligation undertaken under this or any other Agreement. However, nothing in this Agreement shall be construed to relieve any insurance carrier(s) or plan administrator(s) from any liability it may have to the City, employee or beneficiary of any employee. ARTICLE 13. WORKERS COMPENSATION 13.1 Income Loss Supplement. The City shall pay to an injured employee the difference between what the employee receives from the City's Workers' Compensation insurer and the employee's regular salary after taxes. The dollar value paid by the City shall be converted to the employee's regular basic hourly rate of pay and charged on an hourly basis against the employee's accrued sick leave and vacation, in that order. Upon exhaustion of the employee's vacation and sick leave, the supplemental payments shall cease. Following the exhaustion of the employee's 02-13-2018 Council Meeting Agenda Packet Page 115 of 241 supplemental benefit under this Article, the employee shall receive Workers' Compensation benefits as provided under state law. 13.2 Administrative Separation. If an employee is disabled from returning to work and has exhausted the supplemental benefits provided for in paragraph 13.1 above, the employee is eligible for administrative separation subject to the employee's right to reappointment provided by law. ARTICLE 14. DRUG TESTING 14.1 Purpose. The City has a strong commitment to provide a safe work environment for its employees and to establish programs promoting high standards of employee health and safety. Consistent with that commitment this Agreement establishes prohibitions regarding alcohol and controlled substances and the right of the City to screen or test employees to determine the presence of alcohol and/or controlled substances. 14.2 Prohibition Regarding Alcohol and/or Controlled Substances. a. Reporting for work under the influence of alcohol or illegal drugs, or the unauthorized use, sale, transfer or possession of alcohol, drugs, controlled substances and/or "mood altering" substances (except the possession or use of prescribed medication, verifiable by a current, properly issued prescription), or any other substance which impairs or may impair an employee's job performance or poses or may pose a hazard to the safety and welfare of the employee, the public or other employees during work hours (including meal and rest periods), on or off City property, in City vehicles, or in personal vehicles while conducting City business is strictly prohibited. Violation of this section of the Agreement is just and sufficient cause for immediate discharge. b. An employee utilizing prescribed and/or "over-the-counter" medication(s) that could adversely affect job safety or performance must immediately report that fact to the employee's supervisor. Knowledge of cautions and warnings printed on the medication container label are the sole responsibility of the employee. The City may, at its sole discretion, consult with the employee's attending physician concerning the affects a substance may have on that employee. In the event the employee does notify his/her supervisor immediately upon reporting to work of the fact that such medication is being or will be taken, but does not immediately submit a physician's release, the City may determine that the effects of any over-the-counter or prescribed medication may, under the circumstances, 02-13-2018 Council Meeting Agenda Packet Page 116 of 241 impair the employee's ability to safely, properly, and effectively perform the employee's duties and may decline to permit the employee to work until the effects of the medication subside to an acceptable level. In cases where the employee is instructed by the City to remain off work due to the possible side-effects of over-the-counter or prescription medication, the employee may utilize earned, but unused, sick leave benefits in accordance with the City's existing sick leave policy. Violation of this Section of the Agreement will result in disciplinary action, including termination. 14.3 Random Testing. To help provide a safe work environment and to protect the public by insuring that employees have the physical stamina and emotional stability to perform their assigned duties, the City may require employees to submit to random drug or alcohol screening tests. The City may conduct such random testing up to one time per calendar quarter. 14.4 Current Employee Substance Abuse Testing. In addition to paragraph 14.3, the City may implement the applicable substance abuse testing procedures outlined below if one (1) of the following events occur: a. Management personnel concludes through objective observation, investigation and evaluation that an employee is under the influence or impaired by the use of alcohol, drugs and/or controlled substance; b. Where an employee is involved in any accident due to the action, inaction or inattention of the Employee; c. Where the City receives reliable information based upon personal knowledge of an individual, including but not limited to other employees of the City, the medical community, or law enforcement personnel, of involvement by the employee with alcohol and/or controlled substances. All relevant facts pertaining to an investigation conducted pursuant to the above provisions will be documented in writing and preserved for future reference by the City and the Union. An employee who refuses to submit to alcohol and drug testing will be subject to immediate disciplinary action, including, without limitation, suspension and/or termination. 14.5 Substance Abuse Testing Procedures. 02-13-2018 Council Meeting Agenda Packet Page 117 of 241 a. The City will transport the suspected employee to a pre-determined testing facility. b. The employee will be requested to submit to the testing procedures. The employee has the right to refuse to submit to the tests; however, refusal to submit to the tests will be grounds for discharge. c. The employee will provide a urine sample, a blood sample or breath sample, as required by the City. The urine sample will be provided for analysis to determine the amount, if any, contained in the employee's urine of all substances listed in paragraph (f) below. The blood or breath sample will be provided for analysis to determine the amount, if any, of ethyl alcohol contained in the employee's blood or breath. The blood or urine samples will be analyzed by an NIDA approved laboratory. The breath sample will be analyzed by certified law enforcement personnel or medical facility. d. Collection of the specimens will be under the direction of qualified medical or law enforcement personnel. Collection of the specimens will take place as soon as possible following the observation, accident or incident. The employee will cooperate fully in the collection of the specimens. Employee tampering with the specimens or refusal to submit to the test within a reasonable period of time shall result in discharge. If the employee is physically unable to provide a urine sample, a blood sample will be provided, which will be analyzed by the laboratory to determine if any of those substances listed in paragraph (f) below are present in the employee's blood. However, within twenty-four (24) hours following the drawing of the blood sample, the employee will submit to a urine test. If the employee fails to provide the urine sample within a twenty-four (24) hour time frame, the employee shall be subject to disciplinary measures, including termination. e. After collection of the specimens the employee will be transported to the employee's residence or other safe location. The employee may be suspended from work with pay until the test results become available and are evaluated. f. All specimens will be forwarded to the NIDA approved laboratory for analysis. Strict adherence to the chain of custody requirements shall be followed during the transportation of the specimen to the laboratory. The laboratory will analyze the specimen for the substances listed herein. The laboratory will perform initial screening, and if positive results occur, confirmatory tests on the specimen. The confirmatory test shall be the GC/MS test. Levels. 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: 02-13-2018 Council Meeting Agenda Packet Page 118 of 241 Test Level (ng/ml) Amphetamines 500 Barbiturates 300 Benzodiazepines 300 Cannabinoids 75 Cocaine metabolites 300 Methadone 300 Methaqualone 300 Opiates (Codeine) 300 Opiates (Morphine) 300 Phencyclidine (PCP) 25 Propoxyphene 300 Level of the positive result for ethyl alcohol 0.04 gr/dl All specimens identified as positive on the initial screening shall be confirmed by GC/MS techniques at cut off levels under the rules of the Department of Transportation (DOT) 49 CFR, Part 40, Section 40.29(f). The laboratory will communicate the test results to the Chief of Police or his designee. The Chief of Police or his designee will evaluate those results, and confer with the Mayor to determine the City's course of action. g. Test results will be stored in the Police Department in a secure file outside the regular personnel files. Access to the file will be extremely restricted--only the Mayor, Police Chief and/or his designee and employee will have access to that file. All records will be treated in the most confidential fashion by the City and the Union. Disclosures, without employee consent, may occur when: (i) The information is compelled by law or judicial or administrative process; (ii) The information has been placed at issue in a formal dispute between the City and the prospective employee; (iii) The information is needed by medical personnel for the diagnosis or treatment of a patient who is unable to authorize disclosure. 02-13-2018 Council Meeting Agenda Packet Page 119 of 241 h. All costs associated with substance abuse testing, other than an independent analysis requested by the employee, will be paid by the City. i. Should analysis of the specimens indicate a negative level of a substance in an employee's system, the employee will be reinstated to the employee's former position. All test results shall be kept in the Police Department in accordance with 14.5(j) (ii). j. Should analysis of the specimens indicate a positive level of a substance in an Employee's system, the City will have the following options: (i) Discharge the employee; or (ii) Provide the employee an opportunity to enter into a Last Chance Agreement. The Last Chance Agreement shall require the employee be evaluated by a qualified drug/alcohol counselor to determine the extent of the employee's chemical dependency. If, in the opinion of the counselor, the employee requires rehabilitation services, and the City agrees, the employee will be placed on a non-paid leave-of-absence for a period not to exceed sixty (60) days and shall enroll in and complete a certified alcohol and/or drug rehabilitation program. An employee may use accumulated sick leave or vacation during this sixty (60) day period. If the employee successfully enrolls and completes the program within sixty (60) days, the employee will be reinstated to the employee's former position. The City reserves the right to approve the selection of the rehabilitation counselor, facility and program content. Cost of the rehabilitation program will be paid by the employee or medical insurance provider (within contractual limitation). The employee will submit to the Police Chief or his designee semi-weekly written progress reports from the employee's counselor during the entire treatment program. The employee will be reinstated to the employee's former position when the following conditions have been met: a. The employee has successfully completed the treatment program; and b. The attending counselor has formally released the employee to return to work; and c. The employee agrees to submit to a substance abuse test. During the next twelve (12) months following reinstatement, the employee consents to be tested for the presence of alcohol, drugs and/or controlled substances at any time, with or without cause. Any subsequent violation of this Agreement will be grounds for immediate discharge. 02-13-2018 Council Meeting Agenda Packet Page 120 of 241 14.6 Self-Recognized Substance Abuse. Employees with a substance abuse problem may notify their supervisor of their condition. For evaluation purposes, a substance abuse test may be appropriate. If, in the opinion of a qualified drug/alcohol counselor, the employee requires rehabilitation services, and the City agrees, the employee will have an option to enroll in a rehabilitation program and be subjected to the guidelines as outlined in Section 14.4 above. Any employee who complies with the above requirements, prior to a violation of this policy, shall be immediately granted leave without pay in accordance with Section 14.4(j)(2) above. 14.7 Employer Conducted Searches. The City reserves the right to conduct searches of City employees, property, vehicles or equipment at any time or place. Failure to cooperate with these procedures will be grounds for discharge. ARTICLE 15. UNIFORMS AND EQUIPMENT 15.1 Uniforms and Equipment. All employees covered by this Agreement shall be eligible to be reimbursed for a reimbursement allowance of up to six hundred dollars ($600) per year for the purchase and maintenance of non-issued uniforms and police-related equipment as approved by the Chief of Police or his/her designee. 15.2 Upon hiring, the City shall furnish uniforms and all necessary equipment to employees assigned to uniformed duty. As of the execution date of this agreement, the uniform includes: Clothing: (1) Multi- purpose coat (1) Hat and rain cover (a baseball cap may be substituted) (3) Long-sleeved uniform shirts (3) Short-sleeved uniform shirts (3) Pairs of uniform pants Badges, brass and insignia as needed Equipment: Duty belt Inner belt Duty Holster level II retention or higher OC holster Magazine pouch Handcuff case(s) Baton ring or pouch 02-13-2018 Council Meeting Agenda Packet Page 121 of 241 Radio carrier Duty weapon with minimum three (3) magazines Baton (2) Sets of handcuffs OC spray Portable radio and shoulder microphone. NEW Ballistic vest of quality manufacture meeting or exceeding NIJ Standard-0101.06 for Ballistic-Resistance of Body Armor threat level II through IIIA (officer’s choice). 15.2.1 The City will have City Emblems sewn to shirts and will have necessary alterations made to shirts and pants at time of issue. 15.2.2 All items provided to new employee will be new and of quality manufacture with exception of duty pistol, which if used, shall be certified as fit for duty by qualified armorer. 15.2.3 Employee’s may choose to substitute personally own equipment in lieu of City provided items with approval of Chief of Police. 15.2.3a Employees may substitute a jumpsuit for one (1) long sleeved, one (1) short sleeved shirt and pair of pants. 15.2.4 Summer Uniform. Employees may choose to wear a summer uniform consisting of a French blue, navy blue or black polo shirt marked by City Emblems and “POLICE” in large lettering on back of shirt and lightweight uniform pants or shorts. This uniform may be worn from May 1st through September 31st. ARTICLE 16. GRIEVANCES 16.1 Purpose. The purpose of this grievance and arbitration procedure is to provide an orderly method of resolving grievances. A determined effort shall be made to settle any such differences at the lowest level in the grievance procedure and there shall be no suspension of work or interference with the operations of the City. 16.2 Definition. A grievance is defined as a complaint arising under and during the term of this Agreement raised by an employee or the Union involving an alleged violation, misinterpretation or misapplication of an express provision of this Agreement. If a matter involves disciplinary action or discharge, the aggrieved employee either may, in accordance with paragraph 16.4 below, file a grievance or demand an investigatory hearing before the City's Civil Service Commission. A 02-13-2018 Council Meeting Agenda Packet Page 122 of 241 grievance shall be filed within the time limits set out below otherwise said grievance is forever waived. 16.3 Grievance Procedure Steps. Grievances shall be processed in accordance with the following procedures within the stated time limits: 16.3.1 Informal Grievance Procedure. a. An employee, within fifteen (15) calendar days from the occurrence or knowledge of the occurrence of an alleged grievance or when the employee should reasonably have known of the existence of the grievance, shall present the alleged grievance to his immediate supervisor. The employee has the option of being accompanied by the local Union Business Representative. The immediate supervisor shall respond to the alleged grievance within fifteen (15) calendar days. If the matter is not satisfactorily resolved, then the employee may initiate a formal grievance in accordance with the provisions set out below within fifteen (15) calendar days from the receipt of the immediate supervisor's reply. b. Should an employee or the City have a concern which could result in a grievance either party shall bring up the matter within fifteen (15) calendar days from the occurrence or knowledge of the occurrence of the concern which gave rise to the potential grievance or said potential grievance shall be forever waived. The aggrieved party shall first discuss the matter with the other party to provide an opportunity for clarification and/or appropriate adjustment, consistent with the terms of this Agreement. Should the matter not be resolved informally the aggrieved party may elect to take the matter through the formal grievance procedure set out below. 16.3.2 Formal Grievance Procedure. The formal grievance procedure shall be as follows: a. Step 1. If any employee is not satisfied with the supervisor's response to his/her informal grievance, the employee and/or the Union, within fifteen (15) calendar days from the receipt of supervisor's response in paragraph 16.3.1 above, shall present the alleged grievance to his immediate supervisor in writing, setting forth the nature of the grievance, the facts and/or documents on which it is based, the provision or provisions of the Agreement allegedly violated and the relief requested. Any grievance not filed within the time limits set forth in this Step shall not be considered further unless both the City and Union agree, in writing, to extend the time period. The supervisor shall respond to the alleged grievance within fifteen (15) calendar days after receipt of the grievance. b. Step 2. If the Union is not satisfied with the solution recommended by the employee's supervisor in Step 1, the Union shall submit, in writing, within fifteen (15) calendar days of receipt of the proposed resolution in Step 02-13-2018 Council Meeting Agenda Packet Page 123 of 241 1, the grievance to the Chief of Police. The Chief of Police shall respond in writing to the Union within fifteen (15) calendar days from the date of receipt of the grievance. Any grievance not presented within the time limits set forth in this Step shall not be considered further unless both the City and Union agree, in writing, to extend the time period. c. Step 3. If, after fifteen (15) calendar days from receipt of the Chief of Police's reply, the Union states, in writing, that the grievance remains unresolved; the Union may submit a written request for arbitration. 16.3.3 Selection of Arbitrator. The City and the Union will endeavor to select a mutually acceptable arbitrator to hear the dispute. If the City and the Union are not able to agree upon an arbitrator within thirty (30) working days after receipt by the City or Union of the written demand for arbitration, the Union or City may request a list of nine (9) arbitrators from the Federal Mediation and Conciliation Service or the American Arbitration Association. After receipt of the same the parties shall, within thirty (30) days, alternately strike the names of the arbitrators until only one (1) name remains who shall, upon hearing the dispute, render a decision which shall, subject to the provisions of paragraph 16.3.5 below, be final and binding upon all parties. In conducting a hearing, the arbitrator shall keep a verbatim record of testimony either by tape recording or a court reporter. The arbitrator's decision may not provide for retroactivity prior to the filing of the grievance. 16.3.4 Arbitrator Expenses. Each party shall pay the expenses of their own representatives, witnesses and other costs associated with the presentation of their case. The expenses of the arbitrator, the cost of any hearing room and the cost of a court reporter, unless such are paid by the State of Washington, shall be borne equally by the parties. 16.3.5 Limitation on Arbitrator's Authority. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of an express provision of this Agreement. The arbitrator shall only be empowered to determine the issue raised by the grievance and submitted in writing at Step 1 or Step 2. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall not have the authority to award punitive damages. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. Any decision or award the arbitrator rendered within the limitations of this Article shall be final and binding upon the City, the Union and the employees covered by this Agreement. In the event the arbitrator finds that he/she has no authority or power to 02-13-2018 Council Meeting Agenda Packet Page 124 of 241 rule in the case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case. 16.4 Time Limits. The time limits contained herein are established to settle grievances quickly. If any party fails to file a grievance, formally or informally, or demand an investigatory hearing before the Civil Service Commission within fifteen (15) calendar days for grievances or ten (10) calendar days for an investigatory hearing by the Civil Service Commission, from the date of the occurrence or when the party reasonably should have known of the occurrence, then said party forever waives the grievance or right to demand an investigatory hearing as well as all rights and remedies with regard to said grievance or investigatory hearing. The time limits may be extended only by written agreement of the Parties. Failure to submit a grievance or request for investigatory hearing to the Civil Service Commission within the time limits imposed shall terminate the employee's right to file a grievance or demand an investigatory hearing, and said grievance shall be considered withdrawn. 16.5 Election of Remedies. It is specifically and expressly understood and agreed that taking a grievance appeal to arbitration constitutes an election of remedies and a waiver of any and all rights by the appealing employee, the Union, and all persons they represent, to litigate, or otherwise contest the appeal or the subject matter of the appeal in any court, before the Civil Service Commission or any other available forum. Likewise, litigation or any other contest of the subject matter of the grievance in any court or other available forum, or a demand for an investigatory hearing before the Civil Service Commission shall constitute an election of remedies and waiver of any and all rights by the employee, the Union and all persons they represent to grieve, arbitrate or otherwise contest said subject matter in any other forum. ARTICLE 17. MISCELLANEOUS 17.1 Retired Officers: The City will make available to honorably retired employees, the opportunity to use the East Wenatchee Police firing range for the purposes of qualifying for the national right to carry firearms permit. ARTICLE 18. EMPLOYEE’S BILL OF RIGHTS 18.1 Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him of the matter. Nothing herein shall operate as a waiver of the Union’s right to request bargaining information. 02-13-2018 Council Meeting Agenda Packet Page 125 of 241 18.2 There shall be a Union representative present as an ex officio observer on accident review boards and use of force review boards. The City will provide the Union with copies of the findings of all review boards. 18.3 Administrative Investigations must be completed within 180 days of the matter coming to the attention of the Chief of Police. In the event the Chief of Police believes an extension beyond 180 days is necessary, and the City establishes an appropriate burden that it has acted with due diligence and the investigation could not reasonably be completed due to factors beyond the control of the City (for example, extended illness or other unavailability of a critical witness, such as the complainant or the employee being investigated, or necessary delays in the processing of forensic evidence by other agencies), the City must contact the Union prior to the expiration of the 180 days seeking to extend the time period. Any request for extension based on the unavailability of witnesses shall include a showing that the witness is expected to become available in a reasonable period of time. A request for extension based upon the above criteria will not be unreasonably denied. 18.4 The 180 day period shall be suspended when a complaint involving alleged criminal conduct is being reviewed by a prosecuting authority or is being prosecuted at the local, state or federal level, or if the alleged conduct occurred in another jurisdiction and is being criminally investigated or prosecuted in that jurisdiction. In cases of an employee involved in a fatal incident, the 180 day period will commence when the completed criminal file is provided to the Prosecuting Attorney, and will only be tolled in the event criminal charges are filed. 18.4.1 In the event an outside agency conducts a criminal investigation of a matter within the jurisdiction of the City, and the East Wenatchee Police Department receives the completed criminal file with less than sixty (60) days remaining for the administrative investigation, the City will have up to an additional sixty (60) days to complete its administrative investigation. However, in no event shall the investigation last more than 240 days. 18.4.2 Compliance with this provision is required if findings are to be entered or discipline is to be imposed. Issuance of a Loudermill notice of intent to discipline will constitute conclusion of the administrative investigation for purposes of this section. 18.4.3 Nothing in this article prohibits the City from disciplining (provided just cause exists) an employee convicted of a crime. 02-13-2018 Council Meeting Agenda Packet Page 126 of 241 ARTICLE 19. WAIVER OF BARGAINING 19.1 Entire Agreement. This Agreement, upon ratification, supersedes all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term, unless otherwise expressly provided herein. 19.2 Opportunity to Negotiate. The Parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the Parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the duration of this Agreement, each waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred or covered in this Agreement. ARTICLE 20. SAVINGS CLAUSE 20.1 It is the intention of the parties hereto to comply with all applicable laws and they believe that each and every part of this Agreement is lawful. All provisions of this Agreement shall be complied with unless any of such provision shall be declared invalid or inoperative by a Court of final jurisdiction. Should any provision of this Agreement or the application of such provision be rendered invalid by a Court of final jurisdiction or by reason of any existing or subsequently enacted in legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. 20.2 Conflict With Legal or Affirmative Action Requirements. If there is any conflict between the provisions of this Agreement and any legal obligations or affirmative action requirements imposed on the City by federal, state statutory or common law, administrative rule or regulation, or executive order, then such legal obligations or affirmative action requirements thus imposed shall be controlling. ARTICLE 21. AMENDMENT OF AGREEMENT 21.1 This Agreement may be amended only by the mutual written agreement of the Parties. Such amendment shall be lettered, dated and signed by the Parties and, together with the attached Appendices "A” and "B", shall constitute a part of this Agreement. 02-13-2018 Council Meeting Agenda Packet Page 127 of 241 ARTICLE 22. LONGEVITY 22.1 Longevity. The following longevity pay will be added to the employees’ base monthly salary on the following schedule: After completion of: 5 consecutive years of service 1% of the employee’s base monthly salary 10 consecutive years of service 2% of the employee’s base monthly salary 15 consecutive years of service 3% of the employee’s base monthly salary 20 consecutive years of service 4% of the employee’s base monthly salary 25 consecutive years of service 5% of the employee’s base monthly salary 30 consecutive years of service 6% of the employee’s base monthly salary 23.1.1 Longevity pay is not cumulative. ARTICLE 23. DURATION 23.1 This Agreement shall be effective January 1, 2018, and shall remain in full force and effect through December 31, 2021. Upon termination of this Agreement, all benefits and obligations hereunder shall be terminated and shall not survive the Agreement. The Parties may extend the terms of this Agreement by written agreement. DATED this ____ day of _________________, 2018. CITY OF EAST WENATCHEE TEAMSTERS UNION LOCAL NO. 760 By: By: 02-13-2018 Council Meeting Agenda Packet Page 128 of 241 APPENDIX "A" Effective Effective Effective Effective 1/1/2018 1/1/2019 1/1/2020 1/1/2021 Increase 3.5% Increase 3.5% Increase 3.5% Increase 3.5% Executive Secretary – Level 1 5,077.59 5,255.31 5,439.24 5,629.61 Executive Secretary – Level 2 4,835.80 5,005.05 5,180.23 5,361.54 Executive Secretary – Level 3 4,605.52 4,766.71 4,933.55 5,106.22 Executive Secretary - Entry 4,186.84 4,333.38 4,485.05 4,642.02 Records Specialist – Level 1 4,724.58 4,889.94 5,061.09 5,238.23 Records Specialist – Level 2 4,499.60 4,657.09 4,820.08 4,988.79 Records Specialist – Level 3 4,285.33 4,435.32 4,590.55 4,751.22 Records Specialist - Entry 3,895.76 4,032.11 4,173.24 4,319.30 02-13-2018 Council Meeting Agenda Packet Page 129 of 241 APPENDIX "B" Authorization for Check Off of Union Dues I hereby authorize the City Clerk to deduct from my earnings, the regular monthly dues (uniform in dollar amount) in the amount certified by the Financial Officer of Teamsters Union Local No. 760, and further authorize the remittance of such amount(s) to said Local Union in accordance with the currently effective Agreement between the City and the Union. This authorization is revocable by a notice in writing by certified mail to the City Clerk and the Union. I hereby waive all right and claim for said money so deducted and transmitted in accordance with this authorization and, further and separately, relieve the City, its employees, officers, representatives, and agents from liability therefore. Signature 02-13-2018 Council Meeting Agenda Packet Page 130 of 241 APPENDIX “C” PHYSICAL FITNESS STANDARDS City’s fitness incentive model, BLEA/PAT Model: two tier; min 160 points = $300; maximum 200 points = $500. One test per year per officer, scheduled twice annually. 02-13-2018 Council Meeting Agenda Packet Page 131 of 241 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council. From/Presenter: Devin Poulson Subject: LABOR AGREEMENT- Representing Police Officers Date: February 7, 2018 I. Summary Title: LABOR AGREEMENT By & Between CITY OF EAST WENATCHEE, WASHINGTON and TEAMSTERS LOCAL UNION NO. 760 TEAMSTERS, FOOD PROCESSING EMPLOYEES, PUBLIC EMPLOYEES, WAREHOUSEMEN AND HELPERS Representing Police Officers II. Background/History: The proposed Agreement is for a four-year term. Attached is a redline- version of the Agreement to highlight the differences between the current Agreement and the proposed Agreement. The substantive changes are: • Implements a 12-hour shift schedule. • Wages will be increased by 3.5% each year. • A salary step schedule has been added (This allows the City to hire in new employees at a lower entry rate. It does not affect current employees). • The educational stipend is automatic for any employee who has the required degree. There is no requirement that the degree be law-enforcement related. Formatted: Font: (Default) Arial, 14 pt 02-13-2018 Council Meeting Agenda Packet Page 132 of 241 • The Bilingual stipend is available to any qualified employee. The employee receives this stipend even if he/she is also receiving another type of stipend. • An employee can begin using vacation leave as soon as it is accrued. There is no 6- month waiting period. III. Recommended Action: Motion to authorize the Mayor to sign the Agreement on behalf of the City. IV. Exhibits: • A red-lined version of the Agreement. • The Labor Agreement. Financial Data: Expenditure Required Amount Budgeted Appropriation Required $1,503,866.16 $1,503,866.16 $ 0 02-13-2018 Council Meeting Agenda Packet Page 133 of 241 LABOR AGREEMENT By & Between CITY OF EAST WENATCHEE, WASHINGTON and TEAMSTERS LOCAL UNION NO. 760 TEAMSTERS, FOOD PROCESSING EMPLOYEES, PUBLIC EMPLOYEES, WAREHOUSEMEN AND HELPERS Representing Law Enforcement Employees JANUARY 1, 20142018 To DECEMBER 31, 20172021 Style Definition: TOC 1: Font: Century, 12 pt, Tabstops: 6.49", Right,Leader: … Formatted: Justified 02-13-2018 Council Meeting Agenda Packet Page 134 of 241 02-13-2018 Council Meeting Agenda Packet Page 135 of 241 02-13-2018 Council Meeting Agenda Packet Page 136 of 241 Table of Contents ARTICLE 1. DEFINITIONS ......................................................................................... 4 ARTICLE 2. RECOGNITION ....................................................................................... 6 ARTICLE 3. NON-DISCRIMINATION ........................................................................ 6 ARTICLE 4. UNION SECURITY AND VOLUNTARY DUES CHECK OFF ............. 8 ARTICLE 5. MANAGEMENT CLAUSE ...................................................................... 8 ARTICLE 6. CIVIL SERVICE AND SENIORITY ....................................................... 10 ARTICLE 7. FAIR REPRESENTATION .................................................................... 11 ARTICLE 8. NO-STRIKE CLAUSE ............................................................................. 11 ARTICLE 9. HOURS OF WORK, OVERTIME AND OTHER PAY .......................... 12 ARTICLE 10. HOLIDAYS ........................................................................................... 18 ARTICLE 11. LEAVES ................................................................................................ 19 ARTICLE 12. INSURANCE ........................................................................................ 20 ARTICLE 13. WORKERS COMPENSATION ............................................................. 22 ARTICLE 14. DRUG TESTING .................................................................................. 22 ARTICLE 15. UNIFORMS AND EQUIPMENT ........................................................ 28 ARTICLE 16. GRIEVANCES ...................................................................................... 29 ARTICLE 17. MISCELLANEOUS .............................................................................. 32 ARTICLE 18. POLICE OFFICER’S BILL OF RIGHTS ............................................ 32 ARTICLE 19. WAIVER OF BARGAINING................................................................ 33 ARTICLE 20. SAVINGS CLAUSE ............................................................................. 35 ARTICLE 21. AMENDMENT OF AGREEMENT ...................................................... 35 ARTICLE 22. DURATION ........................................................................................... 36 02-13-2018 Council Meeting Agenda Packet Page 137 of 241 ARTICLE 23. LONGEVITY ........................................................................................ 35 APPENDIX "A" ............................................................................................................. 37 APPENDIX "B" ............................................................................................................. 39 ARTICLE 22. LONGEVITY…………………………………………………………………32 ARTICLE 23. DURATION…………………………………………………………………..33 APPENDIX "A" ............................................................................................................. 37 APPENDIX "B" ............................................................................................................. 39 02-13-2018 Council Meeting Agenda Packet Page 138 of 241 THIS AGREEMENT is entered into by and between the CITY OF EAST WENATCHEE, WASHINGTON (“Employer”) and the TEAMSTERS UNION LOCAL NO. 760 (“Union”). ARTICLE 1. DEFINITIONS 1.1 “Employer” or “City” means the City of East Wenatchee, Washington. 1.2 “Union” means the Teamsters Union Local No. 760. 1.3 “Employee(s)” or “Officer(s)” means an individual employed in the Bargaining Unit covered by this Agreement. The term “employee” as used in this Agreement includes both male and female employees covered by this Agreement. In addition, wherever in this Agreement the masculine gender is used, it is the intent for it to apply to the feminine gender as well. 1.4 “Bargaining Unit” means those employees for whom the Union is recognized as the collective bargaining agent pursuant to paragraph 2.1. 1.5 “Full-time Regular Employee” means an employee, other than a temporary employee, who is scheduled to work a “Normal scheduled work week” and who has successfully completed his probationary period. 1.6 “Probation Period” means a one (1) year period, commencing upon the initial date of hire as a full-time regular employee, during which period an employee may be disciplined or discharged by the City at will and without appeal or recourse to the grievance procedure. An employee is ineligible for certain benefits provided by this Agreement during the probationary period. 1.7 “Promotional Probation Period” means a six (6) month period commencing upon the initial date of a promotion during which a promoted employee may return to his previous classification by the City at will without appeal or recourse to the grievance procedure. 1.8 “Regular Basic Hourly Rate of Pay” means the base hourly rate paid an employee. The regular basic hourly rate of pay shall be calculated based upon annual work hours of two thousand and eighty (2080). 1.9 “Normal scheduled work week” means hours of work, days on, and days off established through annual shift bidding. 02-13-2018 Council Meeting Agenda Packet Page 139 of 241 1.10 “Paid Status/Hours worked” Comp hours, Vacation hours, Sick hours, Paid Admin Leave, Holiday hours, Regular hours worked, and Overtime hours worked. 1.11 “Day shift” 0600-1400 hours. 1.12 “Swing shift” 1400- 2000 hours. 1.13 “Graveyard shift” 2000-0600 hours. 1.14 “Relief shift” Any normal scheduled work week resulting in two or more start times during a group of consecutive days worked or any normal scheduled work shift designed to result in working hour adjustments to cover other officer’s leave requests. 1.15 “Date of Employment” The first day in paid status; used for the purpose of computing advancements between the various grades of the rank of Police Officer, and for computing other compensation eligibility. 1.1816 “Ranks” For the purposes of this contract, the City establishes the following ranks: Sergeant, Police Officer First Class, Police Officer Second Class, Police Officer Third Class and Trainee. For the purposes of this agreement all ranks will be referred to as “officer”. 1.1917 “Overtime Rate” Overtime is to be paid at the rate of one and one-half (1-½) times the regular basic hourly rate of pay, including stipends and longevity, hereinafter referred to as time and a half. 1.2018 “Extended Leave” An absence, whether due to military leave, administrative leave, sick leave, light duty or leave of absence, continuous of two calendar months or more. 1.2119 “Shift” shall include roll call, mealtime and breaks. As used in this Agreement, the word "day" shall mean a calendar day. 1.2220 “Mandatory Overtime” Overtime that may not be refused by officers. 1.2321 “Call Back” A call back is defined as an official assignment of work, which does not immediately precede less than two (2) hours or immediately follow less than two (2) hours after an employee’s scheduled work hours. 1.2422 “Holiday Pay” payment of shift worked a holiday listed in Article 1110 at the rate of 1.5 times an officer’s regular basic hourly rate of pay, including stipends 02-13-2018 Council Meeting Agenda Packet Page 140 of 241 and longevity, in addition to the regular basic hourly rate of pay for the shift worked that day. 1.2523 "Eligible Dependent" is an employee's husband, wife, qualified domestic partner, biological child, stepchild, adopted child, or child of a qualified domestic partner who is eligible for coverage according to the terms and conditions of the City's insurance carrier and who is not enrolled in another medical/dental/orthodontia/vision plan. ARTICLE 2. RECOGNITION 2.1 Recognition. The Employer recognizes the Union as the sole collective bargaining agent for the purpose of collective bargaining in respect to wages, hours, and other terms and conditions of employment for the employees of the City of East Wenatchee’s Police Department as follows: 2.1.1 Included: All non-supervisory full-time regular Law Enforcement Officers of the City of East Wenatchee Police Department. 2.1.2 Excluded: The Chief of Police, Captains, Lieutenants, supervisors, department secretaries and clerks, members of the Police Reserve, all non-commissioned personnel, confidential, part-time and temporary employees and all other employees of the City. ARTICLE 3. NON-DISCRIMINATION 3.1 Policy. The provisionsUnless it is based upon a bona fide occupational qualification each provision of this Agreement shall be applied equallyapplies to all employeeseach employee without discrimination as to sex, race, creed, color, religion, national origin, political affiliation, membership in the Union, age, sex, marital status, or sexual orientation, age honorably discharged veteran or military status, or the presence of any sensory, mental, or physical handicap or disability, except where such characteristics are a bona fide occupational qualification. or the use of a trained dog guide or service animal by a person with a disability. 3.2 City/Union Responsibilities. The Union and the City shall share equally in the responsibility for applying this provision of the Agreement. 3.3 Remedies. Employees believing themselves to have been the subject of unlawful discrimination shall seek relief through the appropriate federal or state Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by Formatted: Not Expanded by / Condensed by 02-13-2018 Council Meeting Agenda Packet Page 141 of 241 agency charged with investigating such matters. This Article shall not be subject to the grievance and arbitration procedures set forth in this Agreement. 02-13-2018 Council Meeting Agenda Packet Page 142 of 241 ARTICLE 4. UNION SECURITY AND VOLUNTARY DUES CHECK OFF 4.1 Union Membership. All present employees covered by this Agreement shall, as a condition of employment, become and remain members of the Union in good standing thirty (30) days after the signing of this Agreement. All future employees shall be required to become and remain Union members thirty (30) calendar days after being employed. Employees who fail to comply with this requirement shall be discharged by the Employer within thirty (30) days after receipt of written notice to the Employer from the Union. Any Employee having objections to Union membership based on bona fide religious tenets or teachings of a Church or religious body of which he/she is a member, shall pay an amount of money equivalent to regular Union dues and initiation fees to a non-religious charity or to another charitable organization mutually agreed upon by the objecting employee and the Union. Upon request by the Union written proof of such payment shall be given to the authorized representative of the Union. 4.2 Dues Check Off. Upon receipt of a signed authorization from an employee in the form set forth in Appendix "B", the regular monthly dues (uniform in dollar amount) of the Union shall be deducted from such employee's pay. The Financial Officer of the Union shall notify the City Clerk by certified mail of the amount of uniform dues to be deducted. Deduction shall be made on the employee's regular monthly payday and shall be remitted promptly to the Financial Officer of the Union. 4.3 Indemnification. The Union shall indemnify and hold the City, its officials, representatives, and agents harmless from and against any and all claims, demands, suits, judgments or other forms of liability (including attorney's fees and costs incurred in enforcing this indemnity clause) that may arise out of, or by reason of, any action taken or not taken by the City, its employees, officers, representatives or agents for the purpose of complying with the provisions of this Article. ARTICLE 5. MANAGEMENT CLAUSE 5.1 Retention of Rights. The City shall retain all customary, usual and exclusive rights, functions, prerogatives, and authority connected with or incident to its responsibility to manage the affairs of the Police Department without the need or obligation to bargain further with respect to any such subjects or the effects thereof or the exercise of its discretion and decision-making authority. 02-13-2018 Council Meeting Agenda Packet Page 143 of 241 5.2 Management Rights. The exclusive prerogatives, functions and rights of the City include, but shall not be limited to, the following: a. determining the specific programs and services offered by the City, and the methods, means and facilities by which they shall be effectuated; b. determining the nature and qualifications of the work force and assigning duties and equipment, along with directing and evaluating employees in the performance of their work assignments, and determining schedules of work and time off; c. hiring, promoting, training, retaining, laying off, (subject only to the city's civil service system and the rules and regulations of the city's civil service commission); suspending, and disciplining, demoting and discharging employees for just cause and discharging probationary employees at will; d. setting standards of service, and establishing department policy/procedures, work rules, regulations, safety procedures and personnel policies and procedures; e. selecting, increasing, diminishing or changing equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment; f. effecting a reduction in authorized positions because of lack of work, budgetary restraints, physical limitations, organizational changes, or other reasons; and g. taking any action necessary to carry out its mission in an emergency. This list is not an all-inclusive list of all the City's rights, functions, prerogatives or authority, but only serves as a general guide. The City expressly reserves, and the Union agrees, that the City retains all customary, usual and exclusive rights as set out in paragraph 5.1 of this Agreement, unless expressly set forth to the contrary in this Agreement. 5.3 Exclusions. The following are specifically excluded from coverage of the grievance procedure set out in Article 16 of this Agreement: 5.3.1 work assignments unless the complaint arises out of an allegation that the employee was required to work in violation of applicable sections of this Agreement; and 5.3.2 sub-contracting out work covered by this Agreement. 5.4 Effect of City Ordinances, Resolutions and Policies. Unless otherwise specified in this Agreement wages, hours, holidays, sick leave, vacation and related working 02-13-2018 Council Meeting Agenda Packet Page 144 of 241 conditions shall be in accordance with City ordinances, resolutions and policies, including any amendments hereafter adopted. ARTICLE 6. CIVIL SERVICE AND SENIORITY 6.1 Civil Service. Unless otherwise set forth in this Agreement the Union agrees the City's existing Civil Rules, as set out in Title III of the East Wenatchee Municipal Code ("EWMC"), shall be incorporated herein. If the East Wenatchee City Council adopts a new Title III to the EWMC governing the City's Civil Service System, then the new provisions of the City's Civil Service System shall be incorporated by reference into this Agreement. 6.2 Seniority. Seniority, as used in this Agreement, is defined as the length of an employee's continuous full-time service with the East Wenatchee Police Department since his/her last date of hire, including any authorized leave of absence, up to a maximum of one (1) year. 6.3 Application of Seniority. For all applications of seniority under this Agreement, the ability of the employee shall mean the qualifications, skills and ability (including physical ability) of an employee to perform the required work. In the event two or more employees are deemed qualified by the City, then seniority will be used as a tie-breaker. In the event of lay-offs and/or recall from layoff, the qualifications, skills, work history and ability of an employee to perform the essential functions of a particular position shall be considered prior to seniority in selecting individuals for layoff or recall from layoff. No new officers shall be hired in any classification until all officers on lay off status have had an opportunity to return to work with full seniority or more than twelve (12) months has passed since the date of layoff. No officers shall be promoted until all officers have returned to the rank held prior to layoff. 6.4 Seniority List. Upon request the City shall provide the Union a list of all current employees of the Bargaining Unit with their respective seniority dates. Any objections to such list shall be reported to the Police Chief or his designee within seven (7) working days of the date of receipt or said list shall be approved as submitted. 6.5 Rank and Service. An employee shall lose all seniority in the event the employee: a. quits; or b. is discharged; or c. is absent for three (3) consecutive working days without notifying the Chief of Police, or his designee; or d. is laid off for a period in excess of one (1) year; or 02-13-2018 Council Meeting Agenda Packet Page 145 of 241 e. retires or is retired; or f. misrepresents facts or information on his employment application. Seniority shall not accrue when an Employee is off the job due to strike or unauthorized form of work stoppage pursuant to Article 8, paragraph 8.1 of this Agreement. ARTICLE 7. FAIR REPRESENTATION 7.1 Union Responsibility and Indemnification. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees fairly. The Union further agrees to indemnify, defend and hold harmless the City and its officials, representatives and agents from any and all claims, demands, suits or other forms of liability (monetary or otherwise) and for all legal costs resulting from any failure on the part of the Union to fulfill its duty of fair representation, unless the City intentionally interferes with the Union's efforts to represent Bargaining Unit employees. 7.2 Union Investigation and Visitation Privileges. The City agrees that the Union's local Business Representative, with prior notice to and permission of the Chief of Police or his designee, may visit the City Police Department at reasonable times for the purpose of investigating grievances. Such representative shall limit his activities during such investigations to matters relating to this Agreement; provided, however, he shall not interfere with the operation or normal routine of the Police Department. The City reserves the right to designate a meeting place or to provide a representative to accompany the local Union Business Representative where operational requirements do not permit unlimited access. ARTICLE 8. NO-STRIKE CLAUSE 8.1 No Strikes or Work Stoppages. Neither the Union nor any officers, agents of the Union or Employees shall aid, cause, promote, authorize, sponsor, participate in or condone any strike, slow-down, refusal to perform overtime, or any other interruption or disruption with the work and/or statutory functions and/or obligations of the City, regardless of the reason for doing so. Employees who engage in any of the above-referenced activities shall not be entitled to any pay for any wages or other fringe benefits during the period such employee is engaged in any such activities. 8.2 Picket Lines. Employees, while on duty or in uniform, shall not honor any picket line, whether established by the Union or otherwise. 02-13-2018 Council Meeting Agenda Packet Page 146 of 241 8.3 Violation of this Article. The City may discipline or discharge any employee who violates this Article. The Union expressly agrees any such action by the City shall not be grievable by the Union or otherwise appealable by the employee to any Court or tribunal. 8.4 Union Obligations. In the event of a violation of this Article by any member of the Bargaining Unit, the Union agrees to inform its members of their obligations under this Agreement and direct them to comply with this Article. ARTICLE 9. HOURS OF WORK, OVERTIME AND OTHER PAY 9.1 Scope. This Article defines the normal hours of work and establishes the basis for the calculation of overtime. It is not a guarantee of hours of work per day, work period, month or year and it is not intended to establish a right to compensation in any form for time not worked, unless specifically set forth in this Article. 9.2 Normal Work Week and Work Day. The normal work week shall consist of four (4) ten (10) hour shifts and/or five (5) eight (8) hourshour shifts. The sum total of regular time worked shall not exceed forty (40) hours per week based on an annual average. The City agrees to endeavor to limit scheduling of split shifts to relief of emergency situations. 9.2.1 Employees shall be permitted to voluntarily trade shifts, provided the Chief or his designee approves any/all exchanges in advance. The Union and the City agree that, should problems arise regarding approval of shift trades, the parties shall meet to discuss the issue(s) for resolution. It is further agreed the disputes regarding shift trades are not subject to Article 16 Grievances. The recipient of the shift assumes full ownership as if it is his/her own shift. Hours involved in the exchange will not be subject to overtime pay without approval of the Chief or his designee. 9.3 The City will establish a work schedule through Seniority Shift bidding. This will be conducted by October 15th of the previous year, for the next year’s shift work schedules. Officers will choose their preferred shift to establish their normal scheduled work week. Order of choice will be made by seniority highest to lowest. 9.3.1 In the event of an officer’s separation from employment, promotion or extended leave, Seniority Shift bidding will be conducted again for the remainder of the year. This bid shall occur within three (3) weeks of a qualifying event, unless impracticable. 02-13-2018 Council Meeting Agenda Packet Page 147 of 241 9.4 The City will attempt to maintain a consistent and predictable work schedule for its employees. However, circumstances arise where changes must be made to the schedule to prevent disruption to City services, prior to implementing any changes, except in the case of an emergency, the City will give affected employees one (1two (2) week notice. 9.4.1 Changes with less than one (1two (2) week notification may only result in an adjustment of up to two (2) hours before or two (2) hours after an employee’s normal scheduled work shift. Hours in excess of (2) hours will be paid at the overtime rate. 9.4.2 Notification of changes to an officer’s normal scheduled work week will be made by email and /or by phone message. Officers have the obligation to reply to these messages. 9.4.3 Work schedules showing the employees' shifts, workdays, and hours will be posted on the department bulletin board. 9.5 If an overtime shift arises that cannot be scheduled seven days in advance, shifts shall be offered on a first-come-first served basis, utilizing the seniority list for contacting officers to the extent practicable. 9.6 Mandatory Overtime. The Chief of Police or his designee shall have the right to require overtime work and employees may not refuse overtime assignments. 9.7 Overtime Pay. Employees shall be paid one and one-half (1½) times their regular basic hourly rate of pay for all hours worked in excess of forty (40) hours in a work week if an employee is working a schedule that is based on a forty (40) hour week, eight (8) hours in a work day if an employee is working a five (5) day, eight (8) hour per day work week; or ten (10) hours in a work day if an employee is working a four (4) day, ten (10) hour per day work week. ; or hours in excess of the regularly scheduled shift, such as alternative work period schedules; i.e. twelve (12) hour / eight (8) hour combinations, etc. 9.7.1 All overtime shall be calculated and compensated for in fifteen (15) minute increments. 9.7.2 All overtime shall be authorized by the Chief of Police or his designee in advance or such longer time that is reasonable under the circumstances, in order to qualify as paid time. 02-13-2018 Council Meeting Agenda Packet Page 148 of 241 9.8 Employees may accrue Compensatory time in lieu of overtime pay. Compensatory time may be accrued at the rate of time and one-half (1 ½) for up to one twenty hundred twenty (120) hours per year. Compensatory time may be carried over from one calendar year to the next. 9.8.1 Compensatory time may be used when approved by the Chief of Police or his designee and may be used in lieu of vacation days. If the maximum amount of vacation time is accrued, vacation time shall be used prior to use of compensatory time. For record keeping and accountability compensatory time accrued or taken shall be recorded on the employee's monthly time sheet. 9.8.2 Requests for an employee’s usage of Compensatory time may only be denied if the approval will create a disruption of department services. Creation of overtime as a result of the approval of an employee’s request for usage of Compensatory time may not be a reason for denial. 9.8.3 Alternative Work Periods / Work Schedules: The Employer and Union shall open this Article no later than 6-1-2018 for the purpose of reviewing the six month trial period schedule (see LOA); adopting it for a longer period, making modifications and/or negotiating a different work schedule. This may include adopting a FLSA 7(k) work period(s). Any agreement(s) shall be memorialized by letter of agreement. 9.9 Court Time. Employees required to appear in Court or to conduct other City-related business during their off-duty hours, either as arresting officer or witness, shall receive a minimum of two (2) hours when scheduled to appear in Municipal Court, or four (4) hours when scheduled to appear in Superior Court, or for the actual time spent in court, whichever is greater. These hours will be compensated at the employee’s overtime rate. 9.9.1 When an officer is scheduled to appear in court outside of their regularly scheduled shift, prior to 1700 on the last business day preceding the court date, the officer shall call the court and check to see if their court appearance has been cancelled. If the officer fails to call the court as required and does not learn that the court appearance has been cancelled, the officer shall not be entitled to any overtime and/or callback pay for the court appearance. If court is cancelled between calling at 1700 hours and the appearance time, it is the courts responsibility to reasonably attempt to contact the officer. If not, the officer will be paid a minimum of two (2) hours of callback. Formatted: Condensed by 0.15 pt Formatted: Indent: Left: 0.25" 02-13-2018 Council Meeting Agenda Packet Page 149 of 241 9.9.2 Jury Duty: Any necessary leave shall be allowed by the Chief to permit any officer to serve as a member of a jury. 9.10 Call Back. All callbacks shall be compensated at the appropriate rate for two (2) hours or for the actual time of the assignment, whichever is greater. All call back time will be counted toward the accumulation of hours under the terms of Article 109.7 for purpose of determining overtime payments. 9.11. In the event an employee is scheduled and works the swing shift, graveyard shift, or relief shift for a majority of the calendar month, the employee will be entitled to the following lump sum shift differential payment for the employee’s entire shift where a majority of the employee’s work hours fall on a particular shift: Shift Pay Swing .5 % of the employees base pay per month Graveyard .75 % of the employees base pay per month Relief 1% of the employees base pay per month 9.12 Breaks. Each work day will include a thirty (30) minute lunch period and two fifteen (15) minute rest periods. All employees shall be subject to immediate call during meal or rest periods. 9.13 K-9 Officers. The City's designated K-9 officer will be paid a stipend of four percent (4%) of the employee’s base monthly salary for grooming, cleaning and feeding the City's police dog during the employee's regularly scheduled off-duty time. 9.14 Detective. The officer designated as the city’s detective will be paid a stipend of four percent (4%) per month for performing the diverse range of additional investigative duties outlined in the city’s current job description for that position. 9.15 Drug Interdiction Task Force. Employees assigned as drug task force members will receive a stipend equal to four percent (4%) of the employee’s base monthly salary for meeting the necessary requirements to participate on the task force. 9.16 Bi-lingual officer. An officer who is fluent in a second language, and who is expected to use such abilities in the course of his/her employment with the City will be paid a stipend of four percent (4%%) of the employee’s base monthly salary for such services. ; subject to proficiency testing by a third party to be determined by the Employer. This stipend shall not be considered for pyramiding purposes. 9.17 Per Diem. If an employee is required to travel 50 miles or more away from the City and is required to stay overnight in the performance of his official duties, the 02-13-2018 Council Meeting Agenda Packet Page 150 of 241 employee shall be paid per diem allowance in accordance with the rates established by the US. General Services Administration. 9.18 Educational Incentive Pay. Employees possessing a degree in law enforcement related courses approved by the Chieffrom an accredited institution, will be eligible to be paid an educational incentive stipend in accordance with the following schedule: AA degree 1.5% of the employee’s base monthly salary BA, BS degree 3% of the employee’s base monthly salary MA, MS degree 5% of the employee’s base monthly salary The City shall determine whether any course taken or degree obtained qualifies as a law enforcement related course or degree. 9.18.1 The City will reimburse employees for the tuition cost of a course if the Mayor determines, in advance of enrollment, that the proposed course directly applies to the employee’s job. Payment shall occur when the employee provides a transcript, certification or some other document showing that he/she has successfully completed the course and received a passing grade of C or better, provided that the City shall not pay more than $200 per credit hour. 9.18.2 Employees may choose to receive the educational incentive pay outlined in 9.18 or tuition reimbursement outlined in 9.18.1, but not both. 9.19 No Pyramiding. There shall be no pyramiding of overtime pay or other premium wages, including call back pay, under this Agreement. Nothing in this Agreement shall be construed to require the payment of overtime or other premium pay more than once for the same hours worked. 9.20 Stipends. Officers are only eligible to receive one of the stipends provided by Articles 79.13, 79.14, 7& 9.15 & 7.16. At no time will an officer receive more than one stipend in the same month. 9.21 Outside employment. Employees shall not be employed by employers other than the City, nor shall they contract for or accept anything of value in return for services, nor shall they otherwise be self-employed, for remuneration, without the prior approval of the Chief of Police or his designee. 9.22 Employees may hold outside jobs, including self -employment, if such employment does not involve the use of City equipment or supplies, or in the City's sole discretion, (1) result in a conflict of interest; (2) result in work for the City; (3) 02-13-2018 Council Meeting Agenda Packet Page 151 of 241 result in outside work during an employee's work shift; (4) result in having less than one full day off per work week; or (5) infringe on the employee's ability to fully perform their job duties for the City. Such employment will be approved or denied within a reasonable period of time. 02-13-2018 Council Meeting Agenda Packet Page 152 of 241 ARTICLE 10. HOLIDAYS 10.1 Holidays. New Year's Day (January 1) Martin Luther King Birthday (Third Monday of January) Presidents Birthday (Third Monday of February) Memorial Day (Last Monday of May) Fourth of July Labor Day (First Monday of September) Veteran's Day (November 11) Thanksgiving Day (Fourth Thursday in November) Day after Thanksgiving Christmas Day (1) Floating holiday 10.1.1 Employees shall be eligible for holiday pay if scheduled to work on the above listed holidays. 10.1.2 Employees shall not be eligible for the Floating Holiday until the successful completion of one (1) year of continuous service. 10.2 To be eligible for holiday pay the employee must be in paid status the scheduled workday before and the scheduled workday after the paid holiday. If a holiday falls on the employee’s scheduled day off, the employee will be provided with an alternate day off and will be recorded on the employee's monthly time sheet as “Holiday Comp Time” (i.e., either twelve (12) hours for an employee working a five (5) day/eight (8) hour per day shift, or fifteen (15) hours for an employee working a four (4) day/ten (10) hour per day shift). These hours will be accumulated into a holiday bank not to exceed ninety (90) hours. This provision only applies when a holiday falls on the employee’s scheduled day off. 10.2.1 Requests for an employee’s usage of Holiday Compensatory time may be denied if the approval will create a disruption of department services or the creation of overtime as a result of the approval. The City will attempt to provide usage approvals prior to an employee’s loss of time in excess of ninety (90) hours, but it is the employee’s sole responsibility to maintain record of their accrued hours. 02-13-2018 Council Meeting Agenda Packet Page 153 of 241 ARTICLE 11. LEAVES 11.1 Vacation Leave, Sick Leave, Shared Leave, Military Leave, Family Leave, Paid Administrative leave and Leaves of Absence. Unless otherwise specified in this agreement, the City's existing policies and procedures regarding, sick leave, shared leave, disability leave, leaves of absence, and the medical/dental/vision insurance and retirement plans, shall apply to all employees covered by this Agreement. 11.2 Vacations. Each regular full-time employee is entitled to vacation leave as follows: Years Of Employment Vacation Hours Earned 0 - 4 years 8 hours / month 5 - 9 years 10 hours / month 10 - 14 years 12.67 hours / month 15 - 19 years 14 hours / month 20 – 24 years 16.33 hours / month 25+ years 17.33 hours / month 11.2.1 Vacation leave is not available to the officer until he/she has completed six (6) consecutive months of employment, unless used as Family Leave. A re-employed officer shall be considered a new officer and must also have six (6) months of continuous employment before being entitled to take annual leave. 11.2.2 Vacation may be taken in hourly increments, minimum of one (1) hour. 11.2.32 The maximum number of vacation hours which may be carried over from December 31 of one (1) year to January of the next year is two hundred (200 forty (240) hours. Employees will be paid for unused vacation time upon termination of employment. 11.3 The City will establish a process for the annual bid for usage of Vacation Leave based on seniority. This bid will consist of two rounds of bid and will be offered before December 15th of each year for the following year’s vacation. 11.3.1 First round will be seniority based. Emergencies may dictate that the requested time is subject to change. However, if an officer, at no fault of their own is unable to reschedule leave time prior to the end of the year, the employee will not forfeit said leave. This time off will be limited to the usage of two (2) weeks or eighty (80) hours of leave in week long or forty (40) hour blocks. Formatted: Condensed by 0.15 pt 02-13-2018 Council Meeting Agenda Packet Page 154 of 241 11.3.2 Second will be seniority based. This time off will be limited to the usage of 2 weeks or eighty (80) hours, but may be used as individual days. 11.3.4.13 All requests for usage of Vacation Leave after annual bid process will be non-seniority, based first come first serve. The City has the right to refuse these requests based on department needs. 11.4 Leave usage upon retirement. Officers who are retiring from employment from the East Wenatchee Police Department may choose to use all accrued leave (Vacation Leave, Holiday Comp Time, and Comp Time) prior to date of retirement. During this time the officer’s schedule will be considered five (5), eight (8) hour days, Monday through Friday. No holiday benefits will be given as it will be considered that they are given them off. Provided that, if an employee retires before July 30, 2012, the City will cash out that retiring employee’s sick leave at a rate of 100%. If an employee retires after July 30, 2012, the City will cash out a retiring employee’s sick leave at a rate of 25%. 11.5 Military Leave. The City shall provide employees military duty and training leave in accordance with the City's existing policies, which are incorporated herein by reference, and the applicable requirements of USERRA and applicable laws of the State of Washington. ARTICLE 12. INSURANCE 12.1 Coverage. The City will make available to employees and their eligible dependents substantially equal group medical, dental and vision insurance coverage and benefits as existed prior to the signing of this Agreement. The City agrees to pay the entire group medical, dental and vision insurance premiums for each employee and one (1) dependent, and fifty percent (50%) of the cost of those premiums for all additional dependents. PROVIDED, however, the City will only pay one premium for an employee (For example, if an employee is also an eligible dependent, he or she must elect to receive insurance as an employee or as a dependent). The City reserves the right to change or provide alternate insurance carriers, health maintenance organizations, or benefit levels or to self-insure as it deems appropriate for any form or portion of insurance coverage referred to in this Article, so long as the new coverage and benefits are substantially equal to the conventional insurance which predated this Agreement; provided, however, before making any such changes the City agrees to meet with the Union and discuss the proposed changes. The City will not be responsible for changes unilaterally imposed by an insurance provider in benefits, co-payment provisions, deductible amounts, or other policy provisions so long as the City uses its best efforts to minimize changes by incumbent insurance providers from one plan year to another. Probationary Employees shall be eligible to participate in the 02-13-2018 Council Meeting Agenda Packet Page 155 of 241 City's medical, dental or vision, or other insurance plans in accordance with the City's existing personnel policies and insurance programs. 12.2 An employee may waive his or her health insurance benefits. If an employee waives these benefits, the City will contribute $375 per month to a Health Reimbursement Account/VEBA in the employee’s name. An employee must elect waiver between November 1 and November 30 of each year, but such time may be extended by the employee if contract negotiations are not completed; in such an event the employee shall have up to 30 days from ratification to elect the wavier. Once an employee elects a waiver, he or she is ineligible to sign up for City benefits until the next open enrollment period, or as provided by law. 12.3 If an employee’s husband, wife, qualified domestic partner is eligible for coverage according to the terms and conditions of the City’s insurance carrier and is enrolled in another medical plan, the husband, wife, or qualified domestic partner may not enroll in the City-sponsored medical plan. The City, however, will contribute $375 per month to a Health Reimbursement Account/VEBA in the employee’s name. 12.4 If an employee’s dependent is eligible for coverage according to the terms and conditions of the City’s insurance carrier and is enrolled in another medical plan, the dependent may not enroll in the City-sponsored medical plan. The City, however, will contribute 50% of the saved premium per month, up to a maximum of $200 per dependent, with a maximum of two dependents, to a Health Reimbursement Account/VEBA in the employee’s name. The maximum contribution of the City under this section may not exceed $400. 12.5 The maximum that the City will contribute to an employee’s Health Reimbursement Account/VEBA, for any reason, is $1,150 per month. 12.6 Cost Containment. The City reserves the right to institute cost containment measures relative to insurance coverage so long as the basic level of insurance benefits remain substantially equal to the conventional insurance coverage in affect immediately prior to this Agreement. Such changes may include, but are not limited to, mandatory second opinions for elective surgery, pre-admission and continuing admission review, preferred provider provisions, prohibition on weekend admissions, except in emergency situations and mandatory out-patient elective surgery for certain designated surgical procedures. Upon notice from the City's insurance carrier or insurance holder (currently AWC) informing the City that the premiumspremium amounts may exceed the excise tax threshold or that it informs the City that the plan it currently provides to the City is being cancelled or discontinued, Article 12 of this Agreement will be opened. The City and Union 02-13-2018 Council Meeting Agenda Packet Page 156 of 241 shall meet to discuss and negotiate a resolution. If not resolved within 60 days of notice, the matter shall be referred to PERC for mediation. 12.7 Terms of Insurance Policies to Govern. The extent of coverage under the insurance policies (including self-insured plans), referred to in this Agreement shall be governed by the terms and conditions set forth in said policies or plans. Any questions or disputes concerning said insurance policies or plans or benefits there under shall be resolved in accordance with the terms and conditions set forth in said policies or plans and shall not be subject to the grievance and arbitration procedures set forth in this Agreement. The failure of any insurance carrier(s) or plan administrator(s) to provide any benefit for which it has contracted or is obligated shall result in no liability to the City, nor shall such failure be considered a breach by the City of any obligation undertaken under this or any other Agreement. However, nothing in this Agreement shall be construed to relieve any insurance carrier(s) or plan administrator(s) from any liability it may have to the City, employee or beneficiary of any employee. ARTICLE 13. WORKERS COMPENSATION 13.1 Income Loss Supplement. The City shall pay to an injured employee the difference between what the employee receives from the City's Workers' Compensation insurer and the employee's regular salary after taxes. The dollar value paid by the City shall be converted to the employee's regular basic hourly rate of pay and charged on an hourly basis against the employee's accrued sick leave and vacation, in that order. Upon exhaustion of the employee's vacation and sick leave, the supplemental payments shall cease. Following the exhaustion of the employee's supplemental benefit under this Article, the employee shall receive Workers' Compensation benefits as provided under state law. 13.2 Administrative Separation. If an employee is disabled from returning to work and has exhausted the supplemental benefits provided for in paragraph 12.1 above, the employee is eligible for administrative separation subject to the employee's right to reappointment provided by law. ARTICLE 14. DRUG TESTING 14.1 Purpose. The City has a strong commitment to provide a safe work environment for its employees and to establish programs promoting high standards of employee health and safety. Consistent with that commitment this Agreement establishes prohibitions regarding alcohol and controlled substances and the right of the City to screen or test employees to determine the presence of alcohol and/or controlled substances. 02-13-2018 Council Meeting Agenda Packet Page 157 of 241 14.2 Prohibition Regarding Alcohol and/or Controlled Substances. a. Reporting for work under the influence of alcohol or illegal drugs, or the unauthorized use, sale, transfer or possession of alcohol, drugs, controlled substances and/or "mood altering" substances (except the possession or use of prescribed medication, verifiable by a current, properly issued prescription), or any other substance which impairs or may impair an employee's job performance or poses or may pose a hazard to the safety and welfare of the employee, the public or other employees during work hours (including meal and rest periods), on or off City property, in City vehicles, or in personal vehicles while conducting City business is strictly prohibited. Violation of this section of the Agreement is just and sufficient cause for immediate discharge. b. An employee utilizing prescribed and/or "over-the-counter" medication(s) that could adversely affect job safety or performance must immediately report that fact to the employee's supervisor. Knowledge of cautions and warnings printed on the medication container label are the sole responsibility of the employee. The City may, at its sole discretion, consult with the employee's attending physician concerning the affects a substance may have on that employee. In the event the employee does notify his/her supervisor immediately upon reporting to work of the fact that such medication is being or will be taken, but does not immediately submit a physician's release, the City may determine that the effects of any over-the-counter or prescribed medication may, under the circumstances, impair the employee's ability to safely, properly, and effectively perform the employee's duties and may decline to permit the employee to work until the effects of the medication subside to an acceptable level. In cases where the employee is instructed by the City to remain off work due to the possible side-effects of over-the-counter or prescription medication, the employee may utilize earned, but unused, sick leave benefits in accordance with the City's existing sick leave policy. Violation of this Section of the Agreement will result in disciplinary action, including termination. 14.3 Random Testing. To help provide a safe work environment and to protect the public by insuring that employees have the physical stamina and emotional stability to perform their assigned duties, the City may require employees to submit to random drug or alcohol screening tests. The City may conduct such random testing up to one time per calendar quarter. 02-13-2018 Council Meeting Agenda Packet Page 158 of 241 14.4 Current Employee Substance Abuse Testing. In addition to paragraph 1814.3, the City may implement the applicable substance abuse testing procedures outlined below if one (1) of the following events occur: a. Management personnel concludes through objective observation, investigation and evaluation that an employee is under the influence or impaired by the use of alcohol, drugs and/or controlled substance; b. Where an employee is involved in any accident due to the action, inaction or inattention of the Employee; c. Where the City receives reliable information based upon personal knowledge of an individual, including but not limited to other employees of the City, the medical community, or law enforcement personnel, of involvement by the employee with alcohol and/or controlled substances. All relevant facts pertaining to an investigation conducted pursuant to the above provisions will be documented in writing and preserved for future reference by the City and the Union. An employee who refuses to submit to alcohol and drug testing will be subject to immediate disciplinary action, including, without limitation, suspension and/or termination. 14.5 Substance Abuse Testing Procedures. a. The City will transport the suspected employee to a pre-determined testing facility. b. The employee will be requested to submit to the testing procedures. The employee has the right to refuse to submit to the tests; however, refusal to submit to the tests will be grounds for discharge. c. The employee will provide a urine sample, a blood sample or breath sample, as required by the City. The urine sample will be provided for analysis to determine the amount, if any, contained in the employee's urine of all substances listed in paragraph (f) below. The blood or breath sample will be provided for analysis to determine the amount, if any, of ethyl alcohol contained in the employee's blood or breath. The blood or urine samples will be analyzed by an NIDA approved laboratory. The breath sample will be analyzed by certified law enforcement personnel or medical facility. d. Collection of the specimens will be under the direction of qualified 02-13-2018 Council Meeting Agenda Packet Page 159 of 241 medical or law enforcement personnel. Collection of the specimens will take place as soon as possible following the observation, accident or incident. The employee will cooperate fully in the collection of the specimens. Employee tampering with the specimens or refusal to submit to the test within a reasonable period of time shall result in discharge. If the employee is physically unable to provide a urine sample, a blood sample will be provided, which will be analyzed by the laboratory to determine if any of those substances listed in paragraph (f) below are present in the employee's blood. However, within twenty-four (24) hours following the drawing of the blood sample, the employee will submit to a urine test. If the employee fails to provide the urine sample within a twenty-four (24) hour time frame, the employee shall be subject to disciplinary measures, including termination. e. After collection of the specimens the employee will be transported to the employee's residence or other safe location. The employee may be suspended from work with pay until the test results become available and are evaluated. f. All specimens will be forwarded to the NIDA approved laboratory for analysis. Strict adherence to the chain of custody requirements shall be followed during the transportation of the specimen to the laboratory. The laboratory will analyze the specimen for the substances listed herein. The laboratory will perform initial screening, and if positive results occur, confirmatory tests on the specimen. The confirmatory test shall be the GC/MS test. Levels. 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: Test Level (ng/ml) Amphetamines 500 Barbiturates 300 Benzodiazepines 300 Cannabinoids 75 Cocaine metabolites 300 Methadone 300 Methaqualone 300 Opiates (Codeine) 300 Opiates (Morphine) 300 Phencyclidine (PCP) 25 Propoxyphene 300 Level of the positive result for ethyl alcohol 0.04 gr/dl 02-13-2018 Council Meeting Agenda Packet Page 160 of 241 All specimens identified as positive on the initial screening shall be confirmed by GC/MS techniques at cut off levels under the rules of the Department of Transportation (DOT) 49 CFR, Part 40, Section 40.29(f). The laboratory will communicate the test results to the Chief of Police or his designee. The Chief of Police or his designee will evaluate those results, and confer with the Mayor to determine the City's course of action. g. Test results will be stored in the Police Department in a secure file outside the regular personnel files. Access to the file will be extremely restricted--only the Mayor, Police Chief and/or his designee and employee will have access to that file. All records will be treated in the most confidential fashion by the City and the Union. Disclosures, without employee consent, may occur when: (i) The information is compelled by law or judicial or administrative process; (ii) The information has been placed at issue in a formal dispute between the City and the prospective employee; (iii) The information is needed by medical personnel for the diagnosis or treatment of a patient who is unable to authorize disclosure. h. All costs associated with substance abuse testing, other than an independent analysis requested by the employee, will be paid by the City. i. Should analysis of the specimens indicate a negative level of a substance in an employee's system, the employee will be reinstated to the employee's former position. All test results shall be kept in the Police Department in accordance with 14.4(g). j. Should analysis of the specimens indicate a positive level of a substance in an Employee's system, the City will have the following options: (i) Discharge the employee; or (ii) Provide the employee an opportunity to enter into a Last Chance Agreement. The Last Chance Agreement shall require the employee be evaluated by a qualified drug/alcohol counselor to determine the extent of the employee's chemical dependency. If, in the opinion of the counselor, the employee requires rehabilitation services, and the City agrees, the employee will be placed on a 02-13-2018 Council Meeting Agenda Packet Page 161 of 241 non-paid leave-of-absence for a period not to exceed sixty (60) days and shall enroll in and complete a certified alcohol and/or drug rehabilitation program. An employee may use accumulated sick leave or vacation during this sixty (60) day period. If the employee successfully enrolls and completes the program within sixty (60) days, the employee will be reinstated to the employee's former position. The City reserves the right to approve the selection of the rehabilitation counselor, facility and program content. Cost of the rehabilitation program will be paid by the employee or medical insurance provider (within contractual limitation). The employee will submit to the Police Chief or his designee semi-weekly written progress reports from the employee's counselor during the entire treatment program. The employee will be reinstated to the employee's former position when the following conditions have been met: a. The employee has successfully completed the treatment program; and b. The attending counselor has formally released the employee to return to work; and c. The employee agrees to submit to a substance abuse test. During the next twelve (12) months following reinstatement, the employee consents to be tested for the presence of alcohol, drugs and/or controlled substances at any time, with or without cause. Any subsequent violation of this Agreement will be grounds for immediate discharge. 14.6 Self-Recognized Substance Abuse. Employees with a substance abuse problem may notify their supervisor of their condition. For evaluation purposes, a substance abuse test may be appropriate. If, in the opinion of a qualified drug/alcohol counselor, the employee requires rehabilitation services, and the City agrees, the employee will have an option to enroll in a rehabilitation program and be subjected to the guidelines as outlined in Section 14.4 above. Any employee who complies with the above requirements, prior to a violation of this policy, shall be immediately granted leave without pay in accordance with Section 14.45(j)(2ii) above. 14.7 Employer Conducted Searches. The City reserves the right to conduct searches of City employees, property, vehicles or equipment at any time or place. Failure to cooperate with these procedures will be grounds for discharge. 02-13-2018 Council Meeting Agenda Packet Page 162 of 241 ARTICLE 15. UNIFORMS AND EQUIPMENT 15.1 Uniforms and Equipment. All employees covered by this Agreement shall be eligible to be reimbursed for a reimbursement allowance of up to six hundred dollars ($600) per year for the purchase and maintenance of non -issued uniforms and police-related equipment as approved by the Chief of Police or his/her designee. 15.2 Upon hiring, the City shall furnish uniforms and all necessary equipment to officers assigned to uniformed duty. As of the execution date of this agreement, the uniform includes: Clothing: (1) Multi- purpose coat (1) Hat and rain cover (a baseball cap may be substituted) (3) Long-sleeved uniform shirts (3) Short-sleeved uniform shirts (3) Pairs of uniform pants Badges, brass and insignia as needed Equipment: Duty belt Inner belt Duty Holster level II retention or higher OC holster Magazine pouch Handcuff case(s) Baton ring or pouch Radio carrier Duty weapon with minimum three (3) magazines Baton (2) Sets of handcuffs OC spray Portable radio and shoulder microphone. NEW Ballistic vest of quality manufacture meeting or exceeding NIJ Standard-0101.06 for Ballistic-Resistance of Body Armor threat level II through IIIA (officer’s choice). 15.2.1 The City will have City Emblems sewn to shirts and will have necessary alterations made to shirts and pants as time of issue. 02-13-2018 Council Meeting Agenda Packet Page 163 of 241 15.2.2 All items provided to new employee will be new and of quality manufacture with exception of duty pistol, which if used, shall be certified as fit for duty by qualified amorerarmorer. 15.2.3 Employee’s may choose to substitute personally own equipment in lieu of City provided items with approval of Chief of Police. 15.2.3a Employees may substitute a jumpsuit for one (1) long sleeved, one (1) short sleeved shirt and pair of pants. 15.2.4 Summer Uniform. Officers may choose to wear a summer uniform consisting of a French blue, navy blue or black polo shirt marked by City Emblems and “POLICE” in large lettering on back of shirt and lightweight uniform pants or shorts. This uniform may be worn from May 1st through September 31st. ARTICLE 16. GRIEVANCES 16.1 Purpose. The purpose of this grievance and arbitration procedure is to provide an orderly method of resolving grievances. A determined effort shall be made to settle any such differences at the lowest level in the grievance procedure and there shall be no suspension of work or interference with the operations of the City. 16.2 Definition. A grievance is defined as a complaint arising under and during the term of this Agreement raised by an employee or the Union involving an alleged violation, misinterpretation or misapplication of an express provision of this Agreement. If a matter involves disciplinary action or discharge, the aggrieved employee either may, in accordance with paragraph 2016.4 below, file a grievance or demand an investigatory hearing before the City's Civil Service Commission. A grievance shall be filed within the time limits set out below otherwise said grievance is forever waived. 16.3 Grievance Procedure Steps. Grievances shall be processed in accordance with the following procedures within the stated time limits: 16.3.1 Informal Grievance Procedure. a. An employee, within fifteen (15) calendar days from the occurrence or knowledge of the occurrence of an alleged grievance or when the employee should reasonably have known of the existence of the grievance, shall present the alleged grievance to his immediate supervisor. The employee has the Formatted: Indent: First line: 0.5" Formatted: Condensed by 0.15 pt 02-13-2018 Council Meeting Agenda Packet Page 164 of 241 option of being accompanied by the local Union Business Representative. The immediate supervisor shall respond to the alleged grievance within fifteen (15) calendar days. If the matter is not satisfactorily resolved, then the employee may initiate a formal grievance in accordance with the provisions set out below within fifteen (15) calendar days from the receipt of the immediate supervisor's reply. b. Should an employee or the City have a concern which could result in a grievance either party shall bring up the matter within fifteen (15) calendar days from the occurrence or knowledge of the occurrence of the concern which gave rise to the potential grievance or said potential grievance shall be forever waived. The aggrieved party shall first discuss the matter with the other party to provide an opportunity for clarification and/or appropriate adjustment, consistent with the terms of this Agreement. Should the matter not be resolved informally the aggrieved party may elect to take the matter through the formal grievance procedure set out below. 16.3.2 Formal Grievance Procedure. The formal grievance procedure shall be as follows: a. Step 1. If any employee is not satisfied with the supervisor's response to his/her informal grievance, the employee and/or the Union, within fifteen (15) calendar days from the receipt of supervisor's response in paragraph 16.3.1 above, shall present the alleged grievance to his immediate supervisor in writing, setting forth the nature of the grievance, the facts and/or documents on which it is based, the provision or provisions of the Agreement allegedly violated and the relief requested. Any grievance not filed within the time limits set forth in this Step shall not be considered further unless both the City and Union agree, in writing, to extend the time period. The supervisor shall respond to the alleged grievance within fifteen (15) calendar days after receipt of the grievance. b. Step 2. If the Union is not satisfied with the solution recommended by the employee's supervisor in Step 1, the Union shall submit, in writing, within fifteen (15) calendar days of receipt of the proposed resolution in Step 1, the grievance to the Chief of Police. The Chief of Police shall respond in writing to the Union within fifteen (15) calendar days from the date of receipt of the grievance. Any grievance not presented within the time limits set forth in this Step shall not be considered further unless both the City and Union agree, in writing, to extend the time period. c. Step 3. If, after fifteen (15) calendar days from receipt of the Chief of Police's reply, the Union states, in writing, that the grievance remains unresolved; the Union may submit a written request for arbitration. Formatted: Indent: First line: 1.25" Formatted: Indent: First line: 1.5" 02-13-2018 Council Meeting Agenda Packet Page 165 of 241 16.3.3 Selection of Arbitrator. The City and the Union will endeavor to select a mutually acceptable arbitrator to hear the dispute. If the City and the Union are not able to agree upon an arbitrator within thirty (30) working days after receipt by the City or Union of the written demand for arbitration, the Union or City may request a list of nine (9) arbitrators from the Federal Mediation and Conciliation Service or the American Arbitration Association. After receipt of the same the parties shall, within thirty (30) days, alternately strike the names of the arbitrators until only one (1) name remains who shall, upon hearing the dispute, render a decision which shall, subject to the provisions of paragraph 16.3.5 below, be final and binding upon all parties. In conducting a hearing, the arbitrator shall keep a verbatim record of testimony either by tape recording or a court reporter. The arbitrator's decision may not provide for retroactivity prior to the filing of the grievance. 16.3.4 Arbitrator Expenses. Each party shall pay the expenses of their own representatives, witnesses and other costs associated with the presentation of their case. The expenses of the arbitrator, the cost of any hearing room and the cost of a court reporter, unless such are paid by the State of Washington, shall be borne equally by the parties. 16.3.5 Limitation on Arbitrator's Authority. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of an express provision of this Agreement. The arbitrator shall only be empowered to determine the issue raised by the grievance and submitted in writing at Step 1 or Step 2. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall not have the authority to award punitive damages. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. Any decision or award the arbitrator rendered within the limitations of this Article shall be final and binding upon the City, the Union and the employees covered by this Agreement. In the event the arbitrator finds that he/she has no authority or power to rule in the case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case. 16.4 Time Limits. The time limits contained herein are established to settle grievances quickly. If any party fails to file a grievance, formally or informally, or demand an investigatory hearing before the Civil Service Commission within fifteen (15) calendar days for grievances or ten (10) calendar days for an investigatory hearing by the Civil Service Commission, from the date of the occurrence or when the party reasonably should have known of the occurrence, then said party forever waives the grievance or right to demand an investigatory hearing as well as all rights and 02-13-2018 Council Meeting Agenda Packet Page 166 of 241 remedies with regard to said grievance or investigatory hearing. The time limits may be extended only by written agreement of the Parties. Failure to submit a grievance or request for investigatory hearing to the Civil Service Commission within the time limits imposed shall terminate the employee's right to file a grievance or demand an investigatory hearing, and said grievance shall be considered withdrawn. 16.5 Election of Remedies. It is specifically and expressly understood and agreed that taking a grievance appeal to arbitration constitutes an election of remedies and a waiver of any and all rights by the appealing employee, the Union, and all persons they represent, to litigate, or otherwise contest the appeal or the subject matter of the appeal in any court, before the Civil Service Commission or any other available forum. Likewise, litigation or any other contest of the subject matter of the grievance in any court or other available forum, or a demand for an investigatory hearing before the Civil Service Commission shall constitute an election of remedies and waiver of any and all rights by the employee, the Union and all persons they represent to grieve, arbitrate or otherwise contest said subject matter in any other forum. ARTICLE 17. MISCELLANEOUS 17.1 Retired Officers: The City will make available to honorably retired officers, the opportunity to use the East Wenatchee Police firing range for the purposes of qualifying for the national right to carry firearms permit. ARTICLE 18. POLICE OFFICER’S BILL OF RIGHTS 18.1 Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him of the matter. Nothing herein shall operate as a waiver of the Union’s right to request bargaining information. 18.2 There shall be a Union representative present as an ex officio observer on accident review boards and use of force review boards. The City will provide the Union with copies of the findings of all review boards. 18.3 Administrative Investigations must be completed within 180 days of the matter coming to the attention of the Chief of Police. In the event the Chief of Police believes an extension beyond 180 days is necessary, and the City establishes an appropriate burden that it has acted with due diligence and the investigation could not reasonably be completed due to factors beyond the control of the City (for example, extended illness or other unavailability of a critical witness, such as the complainant or the officer being investigated, or necessary delays in the processing of forensic evidence by other agencies), the City must contact the Union prior to the 02-13-2018 Council Meeting Agenda Packet Page 167 of 241 expiration of the 180 days seeking to extend the time period. Any request for extension based on the unavailability of witnesses shall include a showing that the witness is expected to become available in a reasonable period of time. A request for extension based upon the above criteria will not be unreasonably denied. 18.4 The 180 day period shall be suspended when a complaint involving alleged criminal conduct is being reviewed by a prosecuting authority or is being prosecuted at the local, state or federal level, or if the alleged conduct occurred in another jurisdiction and is being criminally investigated or prosecuted in that jurisdiction. In cases of an officer involved in a fatal incident, the 180 day period will commence when the completed criminal file is provided to the Prosecuting Attorney, and will only be tolled in the event criminal charges are filed. 18.4.1 In the event an outside agency conducts a criminal investigation of a matter within the jurisdiction of the City, and the East Wenatchee Police Department receives the completed criminal file with less than sixty (60) days remaining for the administrative investigation, the City will have up to an additional sixty (60) days to complete its administrative investigation. However, in no event shall the investigation last more than 240 days. 18.4.2 Compliance with this provision is required if findings are to be entered or discipline is to be imposed. Issuance of a Loudermill notice of intent to discipline will constitute conclusion of the administrative investigation for purposes of this section. 18.4.3 Nothing in this article prohibits the City from disciplining (provided just cause exists) an officer convicted of a crime. ARTICLE 19. WAIVER OF BARGAINING 19.1 Entire Agreement. This Agreement, upon ratification, supersedes all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term, unless otherwise expressly provided herein. 19.2 Opportunity to Negotiate. The Parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the Parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for 02-13-2018 Council Meeting Agenda Packet Page 168 of 241 the duration of this Agreement, each waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred or covered in this Agreement. 02-13-2018 Council Meeting Agenda Packet Page 169 of 241 ARTICLE 20. SAVINGS CLAUSE 20.1 It is the intention of the parties hereto to comply with all applicable laws and they believe that each and every part of this Agreement is lawful. All provisions of this Agreement shall be complied with unless any of such provision shall be declared invalid or inoperative by a Court of final jurisdiction. Should any provision of this Agreement or the application of such provision be rendered invalid by a Court of final jurisdiction or by reason of any existing or subsequently enacted in legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. 20.2 Conflict With Legal or Affirmative Action Requirements. If there is any conflict between the provisions of this Agreement and any legal obligations or affirmative action requirements imposed on the City by federal, state statutory or common law, administrative rule or regulation, or executive order, then such legal obligations or affirmative action requirements thus imposed shall be controlling. ARTICLE 21. AMENDMENT OF AGREEMENT 21.1 This Agreement may be amended only by the mutual written agreement of the Parties. Such amendment shall be lettered, dated and signed by the Parties and, together with the attached Appendices "A” and "B", shall constitute a part of this Agreement. ARTICLE 22. LONGEVITYDURATION 22.1 This Agreement shall be effective January 1, 2011, and shall remain in full force and effect through December 31, 2013. Upon termination of this Agreement, all benefits and obligations hereunder shall be terminated and shall not survive the Agreement. The Parties may extend the terms of this Agreement by written agreement. 22ARTICLE 23. LONGEVITY 23.1 Longevity. The following longevity pay will be added to the employees’ base monthly salary on the following schedule: After completion of: 5 consecutive years of service 1% of the employee’s base monthly salary Formatted: Not Expanded by / Condensed by Formatted: Condensed by 0.15 pt Formatted: Condensed by 0.15 pt 02-13-2018 Council Meeting Agenda Packet Page 170 of 241 10 consecutive years of service 2% of the employee’s base monthly salary 15 consecutive years of service 3% of the employee’s base monthly salary 20 consecutive years of service 4% of the employee’s base monthly salary 25 consecutive years of service 5% of the employee’s base monthly salary 30 consecutive years of service 6% of the employee’s base monthly salary 2322.1.1 Longevity pay is not cumulative. ARTICLE 23. DURATION 23.1 This Agreement shall be effective January 1, 2018, and shall remain in full force and effect through December 31, 2021. Upon termination of this Agreement, all benefits and obligations hereunder shall be terminated and shall not survive the Agreement. The Parties may extend the terms of this Agreement by written agreement. DATED this ____ day of _________________, 2014 2018. CITY OF EAST WENATCHEE TEAMSTERS UNION LOCAL NO. 760 By: By: Formatted: Condensed by 0.15 pt Formatted: Condensed by 0.15 pt 02-13-2018 Council Meeting Agenda Packet Page 171 of 241 APPENDIX "A" Effective Effective Effective 01/01/15 01/01/16 01/01/17 (2.5%) (2.5%) (2.5%) Sergeant $6,585.94 Patrolman 1st Class $5,798.93 Patrolman 2nd Class $5,362.32 Patrolman 3rd Class $4,573.86 Trainee $3,977.99 Effective Effective Effective Effective 1/1/2018 1/1/2019 1/1/2020 1/1/2021 Increase 3.5% Increase 3.5% Increase 3.5% Increase 3.5% Law Enforcement Employees 2018 2019 2020 2021 Sergeant Pay 7,340.57 7,597.49 7,863.40 8,138.62 Police Officer 1st Class Pay 6,463.38 6,689.60 6,923.73 7,166.06 Police Officer 2nd Class Pay 5,976.74 6,185.93 6,402.43 6,626.52 Police Officer 3rd Class Pay 5,097.94 5,276.37 5,461.04 5,652.18 02-13-2018 Council Meeting Agenda Packet Page 172 of 241 Police Officer Trainee 4,433.80 4,588.98 4,749.60 4,915.83 02-13-2018 Council Meeting Agenda Packet Page 173 of 241 APPENDIX "B" Authorization for Check Off of Union Dues I hereby authorize the City Clerk to deduct from my earnings, the regular monthly dues (uniform in dollar amount) in the amount certified by the Financial Officer of Teamsters Union Local No. 760, and further authorize the remittance of such amount(s) to said Local Union in accordance with the currently effective Agreement between the City and the Union. This authorization is revocable by a notice in writing by certified mail to the City Clerk and the Union. I hereby waive all right and claim for said money so deducted and transmitted in accordance with this authorization and, further and separately, relieve the City, its employees, officers, representatives, and agents from liability therefore. Signature 02-13-2018 Council Meeting Agenda Packet Page 174 of 241 APPENDIX “C” PHYSICAL FITNESS STANDARDS City’s fitness incentive model, BLEA/PAT Model: two tier; min 160 points = $300; maximum 200 points = $500. One test per year per officer, scheduled twice annually. 02-13-2018 Council Meeting Agenda Packet Page 175 of 241 Letter of Agreement Between CITY OF EAST WENATCHEE and TEAMSTERS UNION LOCAL NO. 760 (“Union”) This Letter of Agreement (LOA) sets for the terms and understanding between the CITY OF EAST WENATCHEE (“Employer”) and the TEAMSTERS UNION LOCAL NO. 760 (“Union”) to establish an alternative work schedule for Police Department Union employees, as set forth in ARTICLE 9. HOURS OF WORK, OVERTIME AND OTHER PAY and ARTICLE 10. HOLIDAYS of the current collective bargaining agreement. Background Current collective bargaining agreement establishes a normal work week Police Department Union employees as either five eight-hour shifts or four ten-hour shifts. The Employer has the exclusive prerogative to schedule working time and time off, however is restricted to a 40-hour FLSA overtime threshold. Purpose This LOA will allow for the creation of an alternative 12-hour work schedule by recognizing Police Department Union employees as meeting the FLSA 207(k) exemption from a 40 hour overtime threshold for hours worked in a 7 day workweek. This recognition will allow the Employer to create schedules using the higher FLSA 207(k) thresholds or longer workweeks when determining overtime. The resulting schedule will allow for more consistent shift coverage, clearer chain of command, ability to train half of the personnel while the other half works and even the distribution of weekends on and off amongst employees. This LOA is not intended to unduly modify or interfere with any provisions of the current collective bargaining agreement (CBA) or established management right. Its sole purpose is to assist in the creation of a 12 hour work schedule for a trial purpose. Permanent scheduling may become a topic of collective bargaining and this LOA is not intended to interfere or circumvent that process. The above goals will be accomplished by undertaking the following activities: - The Employer recognizes the FLSA 207(k) exemption for those Police Department Union Employees meeting exemption requirements. - The Employer will establish a fixed 14-day work week beginning on a Monday and ending Sunday, 13 days later. 02-13-2018 Council Meeting Agenda Packet Page 176 of 241 - The Employer will adopt a 12-hour work schedule where some employees, generally patrol officers, work two consecutive days on, followed by two consecutive days off, followed by three consecutive days on, followed by two consecutive days off, followed by two consecutive days on, and followed by three consecutive days off. The Employer will schedule one 8 hour shift every 14 day work period thus creating a work period of 80 hours every 14 days and 2080 hours annually. Doing this will avoid modifying pay and benefits or creating any additional “Kelly Time” leave banks. SEE ATTACHED EXAMPLE. - Police Department Union Employees will be paid “Overtime rate” for hours in excess of 80 hours in a 14 day period or in excess of 12 hours in a work day. ARTICLE 10. HOLIDAYS 10.2 To be eligible for holiday pay the employee must be in paid status the scheduled workday before and the scheduled workday after the paid holiday. If a holiday falls on the employee’s scheduled day off, the employee will be provided with an alternate day off and will be recorded on the employee's monthly time sheet as “Holiday Comp Time” (i.e., either twelve (12) hours for an employee working a five (5) day/eight (8) hour per day shift, or fifteen (15) hours for an employee working a four (4) day/ten (10) hour per day shift, or for an employee working a twelve (12) hour shift eighteen (18) hours). These hours will be accumulated into a holiday bank not to exceed ninety (90) hours. This provision only applies when a holiday falls on the employee’s scheduled day off. Reporting At any time the CITY OF EAST WENATCHEE (“Employer”) and TEAMSTERS UNION LOCAL NO. 760 (“Union”) may meet to discuss the effectiveness of this LOA and decide if any modifications should be made. Duration This LOA may be modified by mutual consent of authorized officials from the CITY OF EAST WENATCHEE (“Employer”) and the TEAMSTERS UNION LOCAL NO. 760 (“Union”). This LOA shall become effective January 1st, 2018 and will remain in effect until modified or terminated by any one of the parties by mutual consent. In the absence of mutual agreement by authorized officials from CITY OF EAST WENATCHEE (“Employer”) and TEAMSTERS UNION LOCAL NO. 760 (“Union”) this LOA shall end on June 30th, 2018. However, the substance of this LOA or its progeny may be adopted into the collective bargaining agreement by mutual agreement. _________________________ Date:_______________________ Steve Lacy Mayor _________________________ Date:_______________________ Leonard Crouch Secretary-Treasurer Formatted: Font color: White 02-13-2018 Council Meeting Agenda Packet Page 177 of 241 LABOR AGREEMENT By & Between CITY OF EAST WENATCHEE, WASHINGTON and TEAMSTERS LOCAL UNION NO. 760 TEAMSTERS, FOOD PROCESSING EMPLOYEES, PUBLIC EMPLOYEES, WAREHOUSEMEN AND HELPERS Representing Law Enforcement Employees JANUARY 1, 2018 To DECEMBER 31, 2021 02-13-2018 Council Meeting Agenda Packet Page 178 of 241 Table of Contents ARTICLE 1. DEFINITIONS ......................................................................................... 4 ARTICLE 2. RECOGNITION ....................................................................................... 6 ARTICLE 3. NON-DISCRIMINATION ........................................................................ 6 ARTICLE 4. UNION SECURITY AND VOLUNTARY DUES CHECK OFF ............. 7 ARTICLE 5. MANAGEMENT CLAUSE ...................................................................... 7 ARTICLE 6. CIVIL SERVICE AND SENIORITY ......................................................... 9 ARTICLE 7. FAIR REPRESENTATION .................................................................... 10 ARTICLE 8. NO-STRIKE CLAUSE ............................................................................. 10 ARTICLE 9. HOURS OF WORK, OVERTIME AND OTHER PAY .......................... 11 ARTICLE 10. HOLIDAYS ........................................................................................... 16 ARTICLE 11. LEAVES ................................................................................................ 17 ARTICLE 12. INSURANCE ........................................................................................ 18 ARTICLE 13. WORKERS COMPENSATION ............................................................. 20 ARTICLE 14. DRUG TESTING .................................................................................. 20 ARTICLE 15. UNIFORMS AND EQUIPMENT ........................................................ 26 ARTICLE 16. GRIEVANCES ...................................................................................... 27 ARTICLE 17. MISCELLANEOUS .............................................................................. 30 ARTICLE 18. POLICE OFFICER’S BILL OF RIGHTS ............................................ 30 ARTICLE 19. WAIVER OF BARGAINING................................................................ 31 ARTICLE 20. SAVINGS CLAUSE ............................................................................. 32 ARTICLE 21. AMENDMENT OF AGREEMENT ...................................................... 32 ARTICLE 22. LONGEVITY…………………………………………………………………32 02-13-2018 Council Meeting Agenda Packet Page 179 of 241 ARTICLE 23. DURATION…………………………………………………………………..33 APPENDIX "A" ............................................................................................................. 34 APPENDIX "B" ............................................................................................................. 35 02-13-2018 Council Meeting Agenda Packet Page 180 of 241 THIS AGREEMENT is entered into by and between the CITY OF EAST WENATCHEE, WASHINGTON (“Employer”) and the TEAMSTERS UNION LOCAL NO. 760 (“Union”). ARTICLE 1. DEFINITIONS 1.1 “Employer” or “City” means the City of East Wenatchee, Washington. 1.2 “Union” means the Teamsters Union Local No. 760. 1.3 “Employee(s)” or “Officer(s)” means an individual employed in the Bargaining Unit covered by this Agreement. The term “employee” as used in this Agreement includes both male and female employees covered by this Agreement. In addition, wherever in this Agreement the masculine gender is used, it is the intent for it to apply to the feminine gender as well. 1.4 “Bargaining Unit” means those employees for whom the Union is recognized as the collective bargaining agent pursuant to paragraph 2.1. 1.5 “Full-time Regular Employee” means an employee, other than a temporary employee, who is scheduled to work a “Normal scheduled work week” and who has successfully completed his probationary period. 1.6 “Probation Period” means a one (1) year period, commencing upon the initial date of hire as a full-time regular employee, during which period an employee may be disciplined or discharged by the City at will and without appeal or recourse to the grievance procedure. An employee is ineligible for certain benefits provided by this Agreement during the probationary period. 1.7 “Promotional Probation Period” means a six (6) month period commencing upon the initial date of a promotion during which a promoted employee may return to his previous classification by the City at will without appeal or recourse to the grievance procedure. 1.8 “Regular Basic Hourly Rate of Pay” means the base hourly rate paid an employee. The regular basic hourly rate of pay shall be calculated based upon annual work hours of two thousand and eighty (2080). 1.9 “Normal scheduled work week” means hours of work, days on, and days off established through annual shift bidding. 02-13-2018 Council Meeting Agenda Packet Page 181 of 241 1.10 “Paid Status/Hours worked” Comp hours, Vacation hours, Sick hours, Paid Admin Leave, Holiday hours, Regular hours worked, and Overtime hours worked. 1.11 “Day shift” 0600-1400 hours. 1.12 “Swing shift” 1400- 2000 hours. 1.13 “Graveyard shift” 2000-0600 hours. 1.14 “Relief shift” Any normal scheduled work week resulting in two or more start times during a group of consecutive days worked or any normal scheduled work shift designed to result in working hour adjustments to cover other officer’s leave requests. 1.15 “Date of Employment” The first day in paid status; used for the purpose of computing advancements between the various grades of the rank of Police Officer, and for computing other compensation eligibility. 1.16 “Ranks” For the purposes of this contract, the City establishes the following ranks: Sergeant, Police Officer First Class, Police Officer Second Class, Police Officer Third Class and Trainee. For the purposes of this agreement all ranks will be referred to as “officer”. 1.17 “Overtime Rate” Overtime is to be paid at the rate of one and one-half (1-½) times the regular basic hourly rate of pay, including stipends and longevity, hereinafter referred to as time and a half. 1.18 “Extended Leave” An absence, whether due to military leave, administrative leave, sick leave, light duty or leave of absence, continuous of two calendar months or more. 1.19 “Shift” shall include roll call, mealtime and breaks. As used in this Agreement, the word "day" shall mean a calendar day. 1.20 “Mandatory Overtime” Overtime that may not be refused by officers. 1.21 “Call Back” A call back is defined as an official assignment of work, which does not immediately precede less than two (2) hours or immediately follow less than two (2) hours after an employee’s scheduled work hours. 1.22 “Holiday Pay” payment of shift worked a holiday listed in Article 10 at the rate of 1.5 times an officer’s regular basic hourly rate of pay, including stipends and 02-13-2018 Council Meeting Agenda Packet Page 182 of 241 longevity, in addition to the regular basic hourly rate of pay for the shift worked that day. 1.23 "Eligible Dependent" is an employee's husband, wife, qualified domestic partner, biological child, stepchild, adopted child, or child of a qualified domestic partner who is eligible for coverage according to the terms and conditions of the City's insurance carrier and who is not enrolled in another medical/dental/orthodontia/vision plan. ARTICLE 2. RECOGNITION 2.1 Recognition. The Employer recognizes the Union as the sole collective bargaining agent for the purpose of collective bargaining in respect to wages, hours, and other terms and conditions of employment for the employees of the City of East Wenatchee’s Police Department as follows: 2.1.1 Included: All non-supervisory full-time regular Law Enforcement Officers of the City of East Wenatchee Police Department. 2.1.2 Excluded: The Chief of Police, Captains, Lieutenants, supervisors, department secretaries and clerks, members of the Police Reserve, all non-commissioned personnel, confidential, part-time and temporary employees and all other employees of the City. ARTICLE 3. NON-DISCRIMINATION 3.1 Policy. Unless it is based upon a bona fide occupational qualification each provision of this Agreement applies to each employee without discrimination as to sex, race, creed, color, national origin, marital status, sexual orientation, age honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. 3.2 City/Union Responsibilities. The Union and the City shall share equally in the responsibility for applying this provision of the Agreement. 3.3 Remedies. Employees believing themselves to have been the subject of unlawful discrimination shall seek relief through the appropriate federal or state agency charged with investigating such matters. This Article shall not be subject to the grievance and arbitration procedures set forth in this Agreement. 02-13-2018 Council Meeting Agenda Packet Page 183 of 241 ARTICLE 4. UNION SECURITY AND VOLUNTARY DUES CHECK OFF 4.1 Union Membership. All present employees covered by this Agreement shall, as a condition of employment, become and remain members of the Union in good standing thirty (30) days after the signing of this Agreement. All future employees shall be required to become and remain Union members thirty (30) calendar days after being employed. Employees who fail to comply with this requirement shall be discharged by the Employer within thirty (30) days after receipt of written notice to the Employer from the Union. Any Employee having objections to Union membership based on bona fide religious tenets or teachings of a Church or religious body of which he/she is a member, shall pay an amount of money equivalent to regular Union dues and initiation fees to a non-religious charity or to another charitable organization mutually agreed upon by the objecting employee and the Union. Upon request by the Union written proof of such payment shall be given to the authorized representative of the Union. 4.2 Dues Check Off. Upon receipt of a signed authorization from an employee in the form set forth in Appendix "B", the regular monthly dues (uniform in dollar amount) of the Union shall be deducted from such employee's pay. The Financial Officer of the Union shall notify the City Clerk by certified mail of the amount of uniform dues to be deducted. Deduction shall be made on the employee's regular monthly payday and shall be remitted promptly to the Financial Officer of the Union. 4.3 Indemnification. The Union shall indemnify and hold the City, its officials, representatives, and agents harmless from and against any and all claims, demands, suits, judgments or other forms of liability (including attorney's fees and costs incurred in enforcing this indemnity clause) that may arise out of, or by reason of, any action taken or not taken by the City, its employees, officers, representatives or agents for the purpose of complying with the provisions of this Article. ARTICLE 5. MANAGEMENT CLAUSE 5.1 Retention of Rights. The City shall retain all customary, usual and exclusive rights, functions, prerogatives, and authority connected with or incident to its responsibility to manage the affairs of the Police Department without the need or obligation to bargain further with respect to any such subjects or the effects thereof or the exercise of its discretion and decision-making authority. 02-13-2018 Council Meeting Agenda Packet Page 184 of 241 5.2 Management Rights. The exclusive prerogatives, functions and rights of the City include, but shall not be limited to, the following: a. determining the specific programs and services offered by the City, and the methods, means and facilities by which they shall be effectuated; b. determining the nature and qualifications of the work force and assigning duties and equipment, along with directing and evaluating employees in the performance of their work assignments, and determining schedules of work and time off; c. hiring, promoting, training, retaining, laying off, (subject only to the city's civil service system and the rules and regulations of the city's civil service commission); suspending, and disciplining, demoting and discharging employees for just cause and discharging probationary employees at will; d. setting standards of service, and establishing department policy/procedures, work rules, regulations, safety procedures and personnel policies and procedures; e. selecting, increasing, diminishing or changing equipment, vehicles, machinery, etc., including the introduction of any and all new, improved or automated methods or equipment; f. effecting a reduction in authorized positions because of lack of work, budgetary restraints, physical limitations, organizational changes, or other reasons; and g. taking any action necessary to carry out its mission in an emergency. This list is not an all-inclusive list of all the City's rights, functions, prerogatives or authority, but only serves as a general guide. The City expressly reserves, and the Union agrees, that the City retains all customary, usual and exclusive rights as set out in paragraph 5.1 of this Agreement, unless expressly set forth to the contrary in this Agreement. 5.3 Exclusions. The following are specifically excluded from coverage of the grievance procedure set out in Article 16 of this Agreement: 5.3.1 work assignments unless the complaint arises out of an allegation that the employee was required to work in violation of applicable sections of this Agreement; and 5.3.2 sub-contracting out work covered by this Agreement. 5.4 Effect of City Ordinances, Resolutions and Policies. Unless otherwise specified in this Agreement wages, hours, holidays, sick leave, vacation and related working 02-13-2018 Council Meeting Agenda Packet Page 185 of 241 conditions shall be in accordance with City ordinances, resolutions and policies, including any amendments hereafter adopted. ARTICLE 6. CIVIL SERVICE AND SENIORITY 6.1 Civil Service. Unless otherwise set forth in this Agreement the Union agrees the City's existing Civil Rules, as set out in Title III of the East Wenatchee Municipal Code ("EWMC"), shall be incorporated herein. If the East Wenatchee City Council adopts a new Title III to the EWMC governing the City's Civil Service System, then the new provisions of the City's Civil Service System shall be incorporated by reference into this Agreement. 6.2 Seniority. Seniority, as used in this Agreement, is defined as the length of an employee's continuous full-time service with the East Wenatchee Police Department since his/her last date of hire, including any authorized leave of absence, up to a maximum of one (1) year. 6.3 Application of Seniority. For all applications of seniority under this Agreement, the ability of the employee shall mean the qualifications, skills and ability (including physical ability) of an employee to perform the required work. In the event two or more employees are deemed qualified by the City, then seniority will be used as a tie-breaker. In the event of lay-offs and/or recall from layoff, the qualifications, skills, work history and ability of an employee to perform the essential functions of a particular position shall be considered prior to seniority in selecting individuals for layoff or recall from layoff. No new officers shall be hired in any classification until all officers on lay off status have had an opportunity to return to work with full seniority or more than twelve (12) months has passed since the date of layoff. No officers shall be promoted until all officers have returned to the rank held prior to layoff. 6.4 Seniority List. Upon request the City shall provide the Union a list of all current employees of the Bargaining Unit with their respective seniority dates. Any objections to such list shall be reported to the Police Chief or his designee within seven (7) working days of the date of receipt or said list shall be approved as submitted. 6.5 Rank and Service. An employee shall lose all seniority in the event the employee: a. quits; or b. is discharged; or c. is absent for three (3) consecutive working days without notifying the Chief of Police, or his designee; or d. is laid off for a period in excess of one (1) year; or 02-13-2018 Council Meeting Agenda Packet Page 186 of 241 e. retires or is retired; or f. misrepresents facts or information on his employment application. Seniority shall not accrue when an Employee is off the job due to strike or unauthorized form of work stoppage pursuant to Article 8, paragraph 8.1 of this Agreement. ARTICLE 7. FAIR REPRESENTATION 7.1 Union Responsibility and Indemnification. The Union recognizes its responsibility as bargaining agent and agrees to represent all employees fairly. The Union further agrees to indemnify, defend and hold harmless the City and its officials, representatives and agents from any and all claims, demands, suits or other forms of liability (monetary or otherwise) and for all legal costs resulting from any failure on the part of the Union to fulfill its duty of fair representation, unless the City intentionally interferes with the Union's efforts to represent Bargaining Unit employees. 7.2 Union Investigation and Visitation Privileges. The City agrees that the Union's local Business Representative, with prior notice to and permission of the Chief of Police or his designee, may visit the City Police Department at reasonable times for the purpose of investigating grievances. Such representative shall limit his activities during such investigations to matters relating to this Agreement; provided, however, he shall not interfere with the operation or normal routine of the Police Department. The City reserves the right to designate a meeting place or to provide a representative to accompany the local Union Business Representative where operational requirements do not permit unlimited access. ARTICLE 8. NO-STRIKE CLAUSE 8.1 No Strikes or Work Stoppages. Neither the Union nor any officers, agents of the Union or Employees shall aid, cause, promote, authorize, sponsor, participate in or condone any strike, slow-down, refusal to perform overtime, or any other interruption or disruption with the work and/or statutory functions and/or obligations of the City, regardless of the reason for doing so. Employees who engage in any of the above-referenced activities shall not be entitled to any pay for any wages or other fringe benefits during the period such employee is engaged in any such activities. 8.2 Picket Lines. Employees, while on duty or in uniform, shall not honor any picket line, whether established by the Union or otherwise. 02-13-2018 Council Meeting Agenda Packet Page 187 of 241 8.3 Violation of this Article. The City may discipline or discharge any employee who violates this Article. The Union expressly agrees any such action by the City shall not be grievable by the Union or otherwise appealable by the employee to any Court or tribunal. 8.4 Union Obligations. In the event of a violation of this Article by any member of the Bargaining Unit, the Union agrees to inform its members of their obligations under this Agreement and direct them to comply with this Article. ARTICLE 9. HOURS OF WORK, OVERTIME AND OTHER PAY 9.1 Scope. This Article defines the normal hours of work and establishes the basis for the calculation of overtime. It is not a guarantee of hours of work per day, work period, month or year and it is not intended to establish a right to compensation in any form for time not worked, unless specifically set forth in this Article. 9.2 Normal Work Week and Work Day. The normal work week shall consist of four (4) ten (10) hour shifts and/or five (5) eight (8) hour shifts. The sum total of regular time worked shall not exceed forty (40) hours per week based on an annual average. The City agrees to endeavor to limit scheduling of split shifts to relief of emergency situations. 9.2.1 Employees shall be permitted to voluntarily trade shifts, provided the Chief or his designee approves any/all exchanges in advance. The Union and the City agree that, should problems arise regarding approval of shift trades, the parties shall meet to discuss the issue(s) for resolution. It is further agreed the disputes regarding shift trades are not subject to Article 16 Grievances. The recipient of the shift assumes full ownership as if it is his/her own shift. Hours involved in the exchange will not be subject to overtime pay without approval of the Chief or his designee. 9.3 The City will establish a work schedule through Seniority Shift bidding. This will be conducted by October 15th of the previous year, for the next year’s shift work schedules. Officers will choose their preferred shift to establish their normal scheduled work week. Order of choice will be made by seniority highest to lowest. 9.3.1 In the event of an officer’s separation from employment, promotion or extended leave, Seniority Shift bidding will be conducted again for the remainder of the year. This bid shall occur within three (3) weeks of a qualifying event, unless impracticable. 02-13-2018 Council Meeting Agenda Packet Page 188 of 241 9.4 The City will attempt to maintain a consistent and predictable work schedule for its employees. However, circumstances arise where changes must be made to the schedule to prevent disruption to City services, prior to implementing any changes, except in the case of an emergency, the City will give affected employees two (2) week notice. 9.4.1 Changes with less than two (2) week notification may only result in an adjustment of up to two (2) hours before or two (2) hours after an employee’s normal scheduled work shift. Hours in excess of (2) hours will be paid at the overtime rate. 9.4.2 Notification of changes to an officer’s normal scheduled work week will be made by email and/or by phone message. Officers have the obligation to reply to these messages. 9.4.3 Work schedules showing the employees' shifts, workdays, and hours will be posted on the department bulletin board. 9.5 If an overtime shift arises that cannot be scheduled seven days in advance, shifts shall be offered on a first-come-first served basis, utilizing the seniority list for contacting officers to the extent practicable. 9.6 Mandatory Overtime. The Chief of Police or his designee shall have the right to require overtime work and employees may not refuse overtime assignments. 9.7 Overtime Pay. Employees shall be paid one and one-half (1½) times their regular basic hourly rate of pay for all hours worked in excess of forty (40) hours in a work week if an employee is working a schedule that is based on a forty (40) hour week, eight (8) hours in a work day if an employee is working a five (5) day, eight (8) hour per day work week; or ten (10) hours in a work day if an employee is working a four (4) day, ten (10) hour per day work week; or hours in excess of the regularly scheduled shift, such as alternative work period schedules; i.e. twelve (12) hour / eight (8) hour combinations, etc. 9.7.1 All overtime shall be calculated and compensated for in fifteen (15) minute increments. 9.7.2 All overtime shall be authorized by the Chief of Police or his designee in advance or such longer time that is reasonable under the circumstances, in order to qualify as paid time. 02-13-2018 Council Meeting Agenda Packet Page 189 of 241 9.8 Employees may accrue Compensatory time in lieu of overtime pay. Compensatory time may be accrued at the rate of time and one-half (1 ½) for up to one hundred twenty (120) hours per year. Compensatory time may be carried over from one calendar year to the next. 9.8.1 Compensatory time may be used when approved by the Chief of Police or his designee and may be used in lieu of vacation days. If the maximum amount of vacation time is accrued, vacation time shall be used prior to use of compensatory time. For record keeping and accountability compensatory time accrued or taken shall be recorded on the employee's monthly time sheet. 9.8.2 Requests for an employee’s usage of Compensatory time may only be denied if the approval will create a disruption of department services. Creation of overtime as a result of the approval of an employee’s request for usage of Compensatory time may not be a reason for denial. 9.8.3 Alternative Work Periods / Work Schedules: The Employer and Union shall open this Article no later than 6-1-2018 for the purpose of reviewing the six month trial period schedule (see LOA); adopting it for a longer period, making modifications and/or negotiating a different work schedule. This may include adopting a FLSA 7(k) work period(s). Any agreement(s) shall be memorialized by letter of agreement. 9.9 Court Time. Employees required to appear in Court or to conduct other City-related business during their off-duty hours, either as arresting officer or witness, shall receive a minimum of two (2) hours when scheduled to appear in Municipal Court, or four (4) hours when scheduled to appear in Superior Court, or for the actual time spent in court, whichever is greater. These hours will be compensated at the employee’s overtime rate. 9.9.1 When an officer is scheduled to appear in court outside of their regularly scheduled shift, prior to 1700 on the last business day preceding the court date, the officer shall call the court and check to see if their court appearance has been cancelled. If the officer fails to call the court as required and does not learn that the court appearance has been cancelled, the officer shall not be entitled to any overtime and/or callback pay for the court appearance. If court is cancelled between calling at 1700 hours and the appearance time, it is the courts responsibility to reasonably attempt to contact the officer. If not, the officer will be paid a minimum of two (2) hours of callback. 02-13-2018 Council Meeting Agenda Packet Page 190 of 241 9.9.2 Jury Duty: Any necessary leave shall be allowed by the Chief to permit any officer to serve as a member of a jury. 9.10 Call Back. All callbacks shall be compensated at the appropriate rate for two (2) hours or for the actual time of the assignment, whichever is greater. All call back time will be counted toward the accumulation of hours under the terms of Article 9.7 for purpose of determining overtime payments. 9.11. In the event an employee is scheduled and works the swing shift, graveyard shift, or relief shift for a majority of the calendar month, the employee will be entitled to the following lump sum shift differential payment for the employee’s entire shift where a majority of the employee’s work hours fall on a particular shift: Shift Pay Swing .5 % of the employees base pay per month Graveyard .75 % of the employees base pay per month Relief 1% of the employees base pay per month 9.12 Breaks. Each work day will include a thirty (30) minute lunch period and two fifteen (15) minute rest periods. All employees shall be subject to immediate call during meal or rest periods. 9.13 K-9 Officers. The City's designated K-9 officer will be paid a stipend of four percent (4%) of the employee’s base monthly salary for grooming, cleaning and feeding the City's police dog during the employee's regularly scheduled off-duty time. 9.14 Detective. The officer designated as the city’s detective will be paid a stipend of four percent (4%) per month for performing the diverse range of additional investigative duties outlined in the city’s current job description for that position. 9.15 Drug Interdiction Task Force. Employees assigned as drug task force members will receive a stipend equal to four percent (4%) of the employee’s base monthly salary for meeting the necessary requirements to participate on the task force. 9.16 Bi-lingual officer. An officer who is fluent in a second language, and who is expected to use such abilities in the course of his/her employment with the City will be paid a stipend of four percent (4%) of the employee’s base monthly salary for such services; subject to proficiency testing by a third party to be determined by the Employer. This stipend shall not be considered for pyramiding purposes. 9.17 Per Diem. If an employee is required to travel 50 miles or more away from the City and is required to stay overnight in the performance of his official duties, the 02-13-2018 Council Meeting Agenda Packet Page 191 of 241 employee shall be paid per diem allowance in accordance with the rates established by the US. General Services Administration. 9.18 Educational Incentive Pay. Employees possessing a degree from an accredited institution, will be eligible to be paid an educational incentive stipend in accordance with the following schedule: AA degree 1.5% of the employee’s base monthly salary BA, BS degree 3% of the employee’s base monthly salary MA, MS degree 5% of the employee’s base monthly salary The City shall determine whether any course taken or degree obtained qualifies as a law enforcement related course or degree. 9.18.1 The City will reimburse employees for the tuition cost of a course if the Mayor determines, in advance of enrollment, that the proposed course directly applies to the employee’s job. Payment shall occur when the employee provides a transcript, certification or some other document showing that he/she has successfully completed the course and received a passing grade of C or better, provided that the City shall not pay more than $200 per credit hour. 9.18.2 Employees may choose to receive the educational incentive pay outlined in 9.18 or tuition reimbursement outlined in 9.18.1, but not both. 9.19 No Pyramiding. There shall be no pyramiding of overtime pay or other premium wages, including call back pay, under this Agreement. Nothing in this Agreement shall be construed to require the payment of overtime or other premium pay more than once for the same hours worked. 9.20 Stipends. Officers are only eligible to receive one of the stipends provided by Articles 9.13, 9.14, & 9.15. At no time will an officer receive more than one stipend in the same month. 9.21 Outside employment. Employees shall not be employed by employers other than the City, nor shall they contract for or accept anything of value in return for services, nor shall they otherwise be self-employed, for remuneration, without the prior approval of the Chief of Police or his designee. 9.22 Employees may hold outside jobs, including self-employment, if such employment does not involve the use of City equipment or supplies, or in the City's sole discretion, (1) result in a conflict of interest; (2) result in work for the City; (3) 02-13-2018 Council Meeting Agenda Packet Page 192 of 241 result in outside work during an employee's work shift; (4) result in having less than one full day off per work week; or (5) infringe on the employee's ability to fully perform their job duties for the City. Such employment will be approved or denied within a reasonable period of time. ARTICLE 10. HOLIDAYS 10.1 Holidays. New Year's Day (January 1) Martin Luther King Birthday (Third Monday of January) Presidents Birthday (Third Monday of February) Memorial Day (Last Monday of May) Fourth of July Labor Day (First Monday of September) Veteran's Day (November 11) Thanksgiving Day (Fourth Thursday in November) Day after Thanksgiving Christmas Day (1) Floating holiday 10.1.1 Employees shall be eligible for holiday pay if scheduled to work on the above listed holidays. 10.1.2 Employees shall not be eligible for the Floating Holiday until the successful completion of one (1) year of continuous service. 10.2 To be eligible for holiday pay the employee must be in paid status the scheduled workday before and the scheduled workday after the paid holiday. If a holiday falls on the employee’s scheduled day off, the employee will be provided with an alternate day off and will be recorded on the employee's monthly time sheet as “Holiday Comp Time” (i.e., either twelve (12) hours for an employee working a five (5) day/eight (8) hour per day shift, or fifteen (15) hours for an employee working a four (4) day/ten (10) hour per day shift). These hours will be accumulated into a holiday bank not to exceed ninety (90) hours. This provision only applies when a holiday falls on the employee’s scheduled day off. 10.2.1 Requests for an employee’s usage of Holiday Compensatory time may be denied if the approval will create a disruption of department services or the creation of overtime as a result of the approval. The City will attempt to provide usage approvals prior to an employee’s loss of time in excess of ninety (90) hours, but it is the employee’s sole responsibility to maintain record of their accrued hours. 02-13-2018 Council Meeting Agenda Packet Page 193 of 241 ARTICLE 11. LEAVES 11.1 Vacation Leave, Sick Leave, Shared Leave, Military Leave, Family Leave, Paid Administrative leave and Leaves of Absence. Unless otherwise specified in this agreement, the City's existing policies and procedures regarding, sick leave, shared leave, disability leave, leaves of absence, and the medical/dental/vision insurance and retirement plans, shall apply to all employees covered by this Agreement. 11.2 Vacations. Each regular full-time employee is entitled to vacation leave as follows: Years Of Employment Vacation Hours Earned 0 - 4 years 8 hours / month 5 - 9 years 10 hours / month 10 - 14 years 12.67 hours / month 15 - 19 years 14 hours / month 20 – 24 years 16.33 hours / month 25+ years 17.33 hours / month 11.2.1 Vacation may be taken in hourly increments, minimum of one (1) hour. 11.2.2 The maximum number of vacation hours which may be carried over from December 31 of one (1) year to January of the next year is two hundred forty (240) hours. Employees will be paid for unused vacation time upon termination of employment. 11.3 The City will establish a process for the annual bid for usage of Vacation Leave based on seniority. This bid will consist of two rounds of bid and will be offered before December 15th of each year for the following year’s vacation. 11.3.1 First round will be seniority based. Emergencies may dictate that the requested time is subject to change. However, if an officer, at no fault of their own is unable to reschedule leave time prior to the end of the year, the employee will not forfeit said leave. This time off will be limited to the usage of two (2) weeks or eighty (80) hours of leave in week long or forty (40) hour blocks. 11.3.2 Second will be seniority based. This time off will be limited to the usage of 2 weeks or eighty (80) hours, but may be used as individual days. 02-13-2018 Council Meeting Agenda Packet Page 194 of 241 11.3.3 All requests for usage of Vacation Leave after annual bid process will be non-seniority, based first come first serve. The City has the right to refuse these requests based on department needs. 11.4 Leave usage upon retirement. Officers who are retiring from employment from the East Wenatchee Police Department may choose to use all accrued leave (Vacation Leave, Holiday Comp Time, and Comp Time) prior to date of retirement. During this time the officer’s schedule will be considered five (5), eight (8) hour days, Monday through Friday. No holiday benefits will be given as it will be considered that they are given them off. If an employee retires after July 30, 2012, the City will cash out a retiring employee’s sick leave at a rate of 25%. 11.5 Military Leave. The City shall provide employees military duty and training leave in accordance with the City's existing policies, which are incorporated herein by reference, and the applicable requirements of USERRA and applicable laws of the State of Washington. ARTICLE 12. INSURANCE 12.1 Coverage. The City will make available to employees and their eligible dependents substantially equal group medical, dental and vision insurance coverage and benefits as existed prior to the signing of this Agreement. The City agrees to pay the entire group medical, dental and vision insurance premiums for each employee and one (1) dependent, and fifty percent (50%) of the cost of those premiums for all additional dependents. PROVIDED, however, the City will only pay one premium for an employee (For example, if an employee is also an eligible dependent, he or she must elect to receive insurance as an employee or as a dependent). The City reserves the right to change or provide alternate insurance carriers, health maintenance organizations, or benefit levels or to self-insure as it deems appropriate for any form or portion of insurance coverage referred to in this Article, so long as the new coverage and benefits are substantially equal to the conventional insurance which predated this Agreement; provided, however, before making any such changes the City agrees to meet with the Union and discuss the proposed changes. The City will not be responsible for changes unilaterally imposed by an insurance provider in benefits, co-payment provisions, deductible amounts, or other policy provisions so long as the City uses its best efforts to minimize changes by incumbent insurance providers from one plan year to another. Probationary Employees shall be eligible to participate in the City's medical, dental or vision, or other insurance plans in accordance with the City's existing personnel policies and insurance programs. 12.2 An employee may waive his or her health insurance benefits. If an employee waives these benefits, the City will contribute $375 per month to a Health Reimbursement 02-13-2018 Council Meeting Agenda Packet Page 195 of 241 Account/VEBA in the employee’s name. An employee must elect waiver between November 1 and November 30 of each year, but such time may be extended by the employee if contract negotiations are not completed; in such an event the employee shall have up to 30 days from ratification to elect the wavier. Once an employee elects a waiver, he or she is ineligible to sign up for City benefits until the next open enrollment period, or as provided by law. 12.3 If an employee’s husband, wife, qualified domestic partner is eligible for coverage according to the terms and conditions of the City’s insurance carrier and is enrolled in another medical plan, the husband, wife, or qualified domestic partner may not enroll in the City-sponsored medical plan. The City, however, will contribute $375 per month to a Health Reimbursement Account/VEBA in the employee’s name. 12.4 If an employee’s dependent is eligible for coverage according to the terms and conditions of the City’s insurance carrier and is enrolled in another medical plan, the dependent may not enroll in the City-sponsored medical plan. The City, however, will contribute 50% of the saved premium per month, up to a maximum of $200 per dependent, with a maximum of two dependents, to a Health Reimbursement Account/VEBA in the employee’s name. The maximum contribution of the City under this section may not exceed $400. 12.5 The maximum that the City will contribute to an employee’s Health Reimbursement Account/VEBA, for any reason, is $1,150 per month. 12.6 Cost Containment. The City reserves the right to institute cost containment measures relative to insurance coverage so long as the basic level of insurance benefits remain substantially equal to the conventional insurance coverage in affect immediately prior to this Agreement. Such changes may include, but are not limited to, mandatory second opinions for elective surgery, pre-admission and continuing admission review, preferred provider provisions, prohibition on weekend admissions, except in emergency situations and mandatory out-patient elective surgery for certain designated surgical procedures. Upon notice from the City's insurance carrier or insurance holder (currently AWC) informing the City that the premium amounts may exceed the excise tax threshold or that it informs the City that the plan it currently provides to the City is being cancelled or discontinued, Article 12 of this Agreement will be opened. The City and Union shall meet to discuss and negotiate a resolution. If not resolved within 60 days of notice, the matter shall be referred to PERC for mediation. 12.7 Terms of Insurance Policies to Govern. The extent of coverage under the insurance policies (including self-insured plans), referred to in this Agreement shall be 02-13-2018 Council Meeting Agenda Packet Page 196 of 241 governed by the terms and conditions set forth in said policies or plans. Any questions or disputes concerning said insurance policies or plans or benefits there under shall be resolved in accordance with the terms and conditions set forth in said policies or plans and shall not be subject to the grievance and arbitration procedures set forth in this Agreement. The failure of any insurance carrier(s) or plan administrator(s) to provide any benefit for which it has contracted or is obligated shall result in no liability to the City, nor shall such failure be considered a breach by the City of any obligation undertaken under this or any other Agreement. However, nothing in this Agreement shall be construed to relieve any insurance carrier(s) or plan administrator(s) from any liability it may have to the City, employee or beneficiary of any employee. ARTICLE 13. WORKERS COMPENSATION 13.1 Income Loss Supplement. The City shall pay to an injured employee the difference between what the employee receives from the City's Workers' Compensation insurer and the employee's regular salary after taxes. The dollar value paid by the City shall be converted to the employee's regular basic hourly rate of pay and charged on an hourly basis against the employee's accrued sick leave and vacation, in that order. Upon exhaustion of the employee's vacation and sick leave, the supplemental payments shall cease. Following the exhaustion of the employee's supplemental benefit under this Article, the employee shall receive Workers' Compensation benefits as provided under state law. 13.2 Administrative Separation. If an employee is disabled from returning to work and has exhausted the supplemental benefits provided for in paragraph 12.1 above, the employee is eligible for administrative separation subject to the employee's right to reappointment provided by law. ARTICLE 14. DRUG TESTING 14.1 Purpose. The City has a strong commitment to provide a safe work environment for its employees and to establish programs promoting high standards of employee health and safety. Consistent with that commitment this Agreement establishes prohibitions regarding alcohol and controlled substances and the right of the City to screen or test employees to determine the presence of alcohol and/or controlled substances. 14.2 Prohibition Regarding Alcohol and/or Controlled Substances. a. Reporting for work under the influence of alcohol or illegal drugs, or the unauthorized use, sale, transfer or possession of alcohol, drugs, controlled 02-13-2018 Council Meeting Agenda Packet Page 197 of 241 substances and/or "mood altering" substances (except the possession or use of prescribed medication, verifiable by a current, properly issued prescription), or any other substance which impairs or may impair an employee's job performance or poses or may pose a hazard to the safety and welfare of the employee, the public or other employees during work hours (including meal and rest periods), on or off City property, in City vehicles, or in personal vehicles while conducting City business is strictly prohibited. Violation of this section of the Agreement is just and sufficient cause for immediate discharge. b. An employee utilizing prescribed and/or "over-the-counter" medication(s) that could adversely affect job safety or performance must immediately report that fact to the employee's supervisor. Knowledge of cautions and warnings printed on the medication container label are the sole responsibility of the employee. The City may, at its sole discretion, consult with the employee's attending physician concerning the affects a substance may have on that employee. In the event the employee does notify his/her supervisor immediately upon reporting to work of the fact that such medication is being or will be taken, but does not immediately submit a physician's release, the City may determine that the effects of any over-the-counter or prescribed medication may, under the circumstances, impair the employee's ability to safely, properly, and effectively perform the employee's duties and may decline to permit the employee to work until the effects of the medication subside to an acceptable level. In cases where the employee is instructed by the City to remain off work due to the possible side-effects of over-the-counter or prescription medication, the employee may utilize earned, but unused, sick leave benefits in accordance with the City's existing sick leave policy. Violation of this Section of the Agreement will result in disciplinary action, including termination. 14.3 Random Testing. To help provide a safe work environment and to protect the public by insuring that employees have the physical stamina and emotional stability to perform their assigned duties, the City may require employees to submit to random drug or alcohol screening tests. The City may conduct such random testing up to one time per calendar quarter. 14.4 Current Employee Substance Abuse Testing. In addition to paragraph 14.3, the City may implement the applicable substance abuse testing procedures outlined below if one (1) of the following events occur: 02-13-2018 Council Meeting Agenda Packet Page 198 of 241 a. Management personnel concludes through objective observation, investigation and evaluation that an employee is under the influence or impaired by the use of alcohol, drugs and/or controlled substance; b. Where an employee is involved in any accident due to the action, inaction or inattention of the Employee; c. Where the City receives reliable information based upon personal knowledge of an individual, including but not limited to other employees of the City, the medical community, or law enforcement personnel, of involvement by the employee with alcohol and/or controlled substances. All relevant facts pertaining to an investigation conducted pursuant to the above provisions will be documented in writing and preserved for future reference by the City and the Union. An employee who refuses to submit to alcohol and drug testing will be subject to immediate disciplinary action, including, without limitation, suspension and/or termination. 14.5 Substance Abuse Testing Procedures. a. The City will transport the suspected employee to a pre-determined testing facility. b. The employee will be requested to submit to the testing procedures. The employee has the right to refuse to submit to the tests; however, refusal to submit to the tests will be grounds for discharge. c. The employee will provide a urine sample, a blood sample or breath sample, as required by the City. The urine sample will be provided for analysis to determine the amount, if any, contained in the employee's urine of all substances listed in paragraph (f) below. The blood or breath sample will be provided for analysis to determine the amount, if any, of ethyl alcohol contained in the employee's blood or breath. The blood or urine samples will be analyzed by an NIDA approved laboratory. The breath sample will be analyzed by certified law enforcement personnel or medical facility. d. Collection of the specimens will be under the direction of qualified medical or law enforcement personnel. Collection of the specimens will take place as soon as possible following the observation, accident or incident. The employee will cooperate fully in the collection of the specimens. Employee tampering with the specimens or refusal to submit to the test within a reasonable period of time shall result in discharge. If the employee is physically unable to provide a urine sample, a 02-13-2018 Council Meeting Agenda Packet Page 199 of 241 blood sample will be provided, which will be analyzed by the laboratory to determine if any of those substances listed in paragraph (f) below are present in the employee's blood. However, within twenty-four (24) hours following the drawing of the blood sample, the employee will submit to a urine test. If the employee fails to provide the urine sample within a twenty-four (24) hour time frame, the employee shall be subject to disciplinary measures, including termination. e. After collection of the specimens the employee will be transported to the employee's residence or other safe location. The employee may be suspended from work with pay until the test results become available and are evaluated. f. All specimens will be forwarded to the NIDA approved laboratory for analysis. Strict adherence to the chain of custody requirements shall be followed during the transportation of the specimen to the laboratory. The laboratory will analyze the specimen for the substances listed herein. The laboratory will perform initial screening, and if positive results occur, confirmatory tests on the specimen. The confirmatory test shall be the GC/MS test. Levels. 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: Test Level (ng/ml) Amphetamines 500 Barbiturates 300 Benzodiazepines 300 Cannabinoids 75 Cocaine metabolites 300 Methadone 300 Methaqualone 300 Opiates (Codeine) 300 Opiates (Morphine) 300 Phencyclidine (PCP) 25 Propoxyphene 300 Level of the positive result for ethyl alcohol 0.04 gr/dl All specimens identified as positive on the initial screening shall be confirmed by GC/MS techniques at cut off levels under the rules of the Department of Transportation (DOT) 49 CFR, Part 40, Section 40.29(f). The laboratory will communicate the test results to the Chief of Police or his 02-13-2018 Council Meeting Agenda Packet Page 200 of 241 designee. The Chief of Police or his designee will evaluate those results, and confer with the Mayor to determine the City's course of action. g. Test results will be stored in the Police Department in a secure file outside the regular personnel files. Access to the file will be extremely restricted--only the Mayor, Police Chief and/or his designee and employee will have access to that file. All records will be treated in the most confidential fashion by the City and the Union. Disclosures, without employee consent, may occur when: (i) The information is compelled by law or judicial or administrative process; (ii) The information has been placed at issue in a formal dispute between the City and the prospective employee; (iii) The information is needed by medical personnel for the diagnosis or treatment of a patient who is unable to authorize disclosure. h. All costs associated with substance abuse testing, other than an independent analysis requested by the employee, will be paid by the City. i. Should analysis of the specimens indicate a negative level of a substance in an employee's system, the employee will be reinstated to the employee's former position. All test results shall be kept in the Police Department in accordance with 14.4(g). j. Should analysis of the specimens indicate a positive level of a substance in an Employee's system, the City will have the following options: (i) Discharge the employee; or (ii) Provide the employee an opportunity to enter into a Last Chance Agreement. The Last Chance Agreement shall require the employee be evaluated by a qualified drug/alcohol counselor to determine the extent of the employee's chemical dependency. If, in the opinion of the counselor, the employee requires rehabilitation services, and the City agrees, the employee will be placed on a non-paid leave-of-absence for a period not to exceed sixty (60) days and shall enroll in and complete a certified alcohol and/or drug rehabilitation program. An employee may use accumulated sick leave or vacation during this sixty (60) day period. If the employee successfully enrolls and completes the program within sixty (60) days, the employee will be reinstated to the employee's former position. The City reserves the 02-13-2018 Council Meeting Agenda Packet Page 201 of 241 right to approve the selection of the rehabilitation counselor, facility and program content. Cost of the rehabilitation program will be paid by the employee or medical insurance provider (within contractual limitation). The employee will submit to the Police Chief or his designee semi-weekly written progress reports from the employee's counselor during the entire treatment program. The employee will be reinstated to the employee's former position when the following conditions have been met: a. The employee has successfully completed the treatment program; and b. The attending counselor has formally released the employee to return to work; and c. The employee agrees to submit to a substance abuse test. During the next twelve (12) months following reinstatement, the employee consents to be tested for the presence of alcohol, drugs and/or controlled substances at any time, with or without cause. Any subsequent violation of this Agreement will be grounds for immediate discharge. 14.6 Self-Recognized Substance Abuse. Employees with a substance abuse problem may notify their supervisor of their condition. For evaluation purposes, a substance abuse test may be appropriate. If, in the opinion of a qualified drug/alcohol counselor, the employee requires rehabilitation services, and the City agrees, the employee will have an option to enroll in a rehabilitation program and be subjected to the guidelines as outlined in Section 14.4 above. Any employee who complies with the above requirements, prior to a violation of this policy, shall be immediately granted leave without pay in accordance with Section 14.5(j)(ii) above. 14.7 Employer Conducted Searches. The City reserves the right to conduct searches of City employees, property, vehicles or equipment at any time or place. Failure to cooperate with these procedures will be grounds for discharge. 02-13-2018 Council Meeting Agenda Packet Page 202 of 241 ARTICLE 15. UNIFORMS AND EQUIPMENT 15.1 Uniforms and Equipment. All employees covered by this Agreement shall be eligible to be reimbursed for a reimbursement allowance of up to six hundred dollars ($600) per year for the purchase and maintenance of non-issued uniforms and police-related equipment as approved by the Chief of Police or his/her designee. 15.2 Upon hiring, the City shall furnish uniforms and all necessary equipment to officers assigned to uniformed duty. As of the execution date of this agreement, the uniform includes: Clothing: (1) Multi- purpose coat (1) Hat and rain cover (a baseball cap may be substituted) (3) Long-sleeved uniform shirts (3) Short-sleeved uniform shirts (3) Pairs of uniform pants Badges, brass and insignia as needed Equipment: Duty belt Inner belt Duty Holster level II retention or higher OC holster Magazine pouch Handcuff case(s) Baton ring or pouch Radio carrier Duty weapon with minimum three (3) magazines Baton (2) Sets of handcuffs OC spray Portable radio and shoulder microphone. NEW Ballistic vest of quality manufacture meeting or exceeding NIJ Standard-0101.06 for Ballistic-Resistance of Body Armor threat level II through IIIA (officer’s choice). 15.2.1 The City will have City Emblems sewn to shirts and will have necessary alterations made to shirts and pants as time of issue. 02-13-2018 Council Meeting Agenda Packet Page 203 of 241 15.2.2 All items provided to new employee will be new and of quality manufacture with exception of duty pistol, which if used, shall be certified as fit for duty by qualified armorer. 15.2.3 Employee’s may choose to substitute personally own equipment in lieu of City provided items with approval of Chief of Police. 15.2.3a Employees may substitute a jumpsuit for one (1) long sleeved, one (1) short sleeved shirt and pair of pants. 15.2.4 Summer Uniform. Officers may choose to wear a summer uniform consisting of a French blue, navy blue or black polo shirt marked by City Emblems and “POLICE” in large lettering on back of shirt and lightweight uniform pants or shorts. This uniform may be worn from May 1st through September 31st. ARTICLE 16. GRIEVANCES 16.1 Purpose. The purpose of this grievance and arbitration procedure is to provide an orderly method of resolving grievances. A determined effort shall be made to settle any such differences at the lowest level in the grievance procedure and there shall be no suspension of work or interference with the operations of the City. 16.2 Definition. A grievance is defined as a complaint arising under and during the term of this Agreement raised by an employee or the Union involving an alleged violation, misinterpretation or misapplication of an express provision of this Agreement. If a matter involves disciplinary action or discharge, the aggrieved employee either may, in accordance with paragraph 16.4 below, file a grievance or demand an investigatory hearing before the City's Civil Service Commission. A grievance shall be filed within the time limits set out below otherwise said grievance is forever waived. 16.3 Grievance Procedure Steps. Grievances shall be processed in accordance with the following procedures within the stated time limits: 16.3.1 Informal Grievance Procedure. a. An employee, within fifteen (15) calendar days from the occurrence or knowledge of the occurrence of an alleged grievance or when the employee should reasonably have known of the existence of the grievance, shall present the alleged grievance to his immediate supervisor. The employee has the 02-13-2018 Council Meeting Agenda Packet Page 204 of 241 option of being accompanied by the local Union Business Representative. The immediate supervisor shall respond to the alleged grievance within fifteen (15) calendar days. If the matter is not satisfactorily resolved, then the employee may initiate a formal grievance in accordance with the provisions set out below within fifteen (15) calendar days from the receipt of the immediate supervisor's reply. b. Should an employee or the City have a concern which could result in a grievance either party shall bring up the matter within fifteen (15) calendar days from the occurrence or knowledge of the occurrence of the concern which gave rise to the potential grievance or said potential grievance shall be forever waived. The aggrieved party shall first discuss the matter with the other party to provide an opportunity for clarification and/or appropriate adjustment, consistent with the terms of this Agreement. Should the matter not be resolved informally the aggrieved party may elect to take the matter through the formal grievance procedure set out below. 16.3.2 Formal Grievance Procedure. The formal grievance procedure shall be as follows: a. Step 1. If any employee is not satisfied with the supervisor's response to his/her informal grievance, the employee and/or the Union, within fifteen (15) calendar days from the receipt of supervisor's response in paragraph 16.3.1 above, shall present the alleged grievance to his immediate supervisor in writing, setting forth the nature of the grievance, the facts and/or documents on which it is based, the provision or provisions of the Agreement allegedly violated and the relief requested. Any grievance not filed within the time limits set forth in this Step shall not be considered further unless both the City and Union agree, in writing, to extend the time period. The supervisor shall respond to the alleged grievance within fifteen (15) calendar days after receipt of the grievance. b. Step 2. If the Union is not satisfied with the solution recommended by the employee's supervisor in Step 1, the Union shall submit, in writing, within fifteen (15) calendar days of receipt of the proposed resolution in Step 1, the grievance to the Chief of Police. The Chief of Police shall respond in writing to the Union within fifteen (15) calendar days from the date of receipt of the grievance. Any grievance not presented within the time limits set forth in this Step shall not be considered further unless both the City and Union agree, in writing, to extend the time period. c. Step 3. If, after fifteen (15) calendar days from receipt of the Chief of Police's reply, the Union states, in writing, that the grievance remains unresolved; the Union may submit a written request for arbitration. 02-13-2018 Council Meeting Agenda Packet Page 205 of 241 16.3.3 Selection of Arbitrator. The City and the Union will endeavor to select a mutually acceptable arbitrator to hear the dispute. If the City and the Union are not able to agree upon an arbitrator within thirty (30) working days after receipt by the City or Union of the written demand for arbitration, the Union or City may request a list of nine (9) arbitrators from the Federal Mediation and Conciliation Service or the American Arbitration Association. After receipt of the same the parties shall, within thirty (30) days, alternately strike the names of the arbitrators until only one (1) name remains who shall, upon hearing the dispute, render a decision which shall, subject to the provisions of paragraph 16.3.5 below, be final and binding upon all parties. In conducting a hearing, the arbitrator shall keep a verbatim record of testimony either by tape recording or a court reporter. The arbitrator's decision may not provide for retroactivity prior to the filing of the grievance. 16.3.4 Arbitrator Expenses. Each party shall pay the expenses of their own representatives, witnesses and other costs associated with the presentation of their case. The expenses of the arbitrator, the cost of any hearing room and the cost of a court reporter, unless such are paid by the State of Washington, shall be borne equally by the parties. 16.3.5 Limitation on Arbitrator's Authority. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation, or misapplication of an express provision of this Agreement. The arbitrator shall only be empowered to determine the issue raised by the grievance and submitted in writing at Step 1 or Step 2. The arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall not have the authority to award punitive damages. The arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. Any decision or award the arbitrator rendered within the limitations of this Article shall be final and binding upon the City, the Union and the employees covered by this Agreement. In the event the arbitrator finds that he/she has no authority or power to rule in the case, the matter shall be referred back to the parties without decision or recommendation on the merits of the case. 16.4 Time Limits. The time limits contained herein are established to settle grievances quickly. If any party fails to file a grievance, formally or informally, or demand an investigatory hearing before the Civil Service Commission within fifteen (15) calendar days for grievances or ten (10) calendar days for an investigatory hearing by the Civil Service Commission, from the date of the occurrence or when the party reasonably should have known of the occurrence, then said party forever waives the grievance or right to demand an investigatory hearing as well as all rights and 02-13-2018 Council Meeting Agenda Packet Page 206 of 241 remedies with regard to said grievance or investigatory hearing. The time limits may be extended only by written agreement of the Parties. Failure to submit a grievance or request for investigatory hearing to the Civil Service Commission within the time limits imposed shall terminate the employee's right to file a grievance or demand an investigatory hearing, and said grievance shall be considered withdrawn. 16.5 Election of Remedies. It is specifically and expressly understood and agreed that taking a grievance appeal to arbitration constitutes an election of remedies and a waiver of any and all rights by the appealing employee, the Union, and all persons they represent, to litigate, or otherwise contest the appeal or the subject matter of the appeal in any court, before the Civil Service Commission or any other available forum. Likewise, litigation or any other contest of the subject matter of the grievance in any court or other available forum, or a demand for an investigatory hearing before the Civil Service Commission shall constitute an election of remedies and waiver of any and all rights by the employee, the Union and all persons they represent to grieve, arbitrate or otherwise contest said subject matter in any other forum. ARTICLE 17. MISCELLANEOUS 17.1 Retired Officers: The City will make available to honorably retired officers, the opportunity to use the East Wenatchee Police firing range for the purposes of qualifying for the national right to carry firearms permit. ARTICLE 18. POLICE OFFICER’S BILL OF RIGHTS 18.1 Before interrogation, the employee shall be informed of the nature of the matter in sufficient detail to reasonably apprise him of the matter. Nothing herein shall operate as a waiver of the Union’s right to request bargaining information. 18.2 There shall be a Union representative present as an ex officio observer on accident review boards and use of force review boards. The City will provide the Union with copies of the findings of all review boards. 18.3 Administrative Investigations must be completed within 180 days of the matter coming to the attention of the Chief of Police. In the event the Chief of Police believes an extension beyond 180 days is necessary, and the City establishes an appropriate burden that it has acted with due diligence and the investigation could not reasonably be completed due to factors beyond the control of the City (for example, extended illness or other unavailability of a critical witness, such as the complainant or the officer being investigated, or necessary delays in the processing of forensic evidence by other agencies), the City must contact the Union prior to the 02-13-2018 Council Meeting Agenda Packet Page 207 of 241 expiration of the 180 days seeking to extend the time period. Any request for extension based on the unavailability of witnesses shall include a showing that the witness is expected to become available in a reasonable period of time. A request for extension based upon the above criteria will not be unreasonably denied. 18.4 The 180 day period shall be suspended when a complaint involving alleged criminal conduct is being reviewed by a prosecuting authority or is being prosecuted at the local, state or federal level, or if the alleged conduct occurred in another jurisdiction and is being criminally investigated or prosecuted in that jurisdiction. In cases of an officer involved in a fatal incident, the 180 day period will commence when the completed criminal file is provided to the Prosecuting Attorney, and will only be tolled in the event criminal charges are filed. 18.4.1 In the event an outside agency conducts a criminal investigation of a matter within the jurisdiction of the City, and the East Wenatchee Police Department receives the completed criminal file with less than sixty (60) days remaining for the administrative investigation, the City will have up to an additional sixty (60) days to complete its administrative investigation. However, in no event shall the investigation last more than 240 days. 18.4.2 Compliance with this provision is required if findings are to be entered or discipline is to be imposed. Issuance of a Loudermill notice of intent to discipline will constitute conclusion of the administrative investigation for purposes of this section. 18.4.3 Nothing in this article prohibits the City from disciplining (provided just cause exists) an officer convicted of a crime. ARTICLE 19. WAIVER OF BARGAINING 19.1 Entire Agreement. This Agreement, upon ratification, supersedes all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein, and constitutes the complete and entire agreement between the parties, and concludes collective bargaining for its term, unless otherwise expressly provided herein. 19.2 Opportunity to Negotiate. The Parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the Parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for 02-13-2018 Council Meeting Agenda Packet Page 208 of 241 the duration of this Agreement, each waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred or covered in this Agreement. ARTICLE 20. SAVINGS CLAUSE 20.1 It is the intention of the parties hereto to comply with all applicable laws and they believe that each and every part of this Agreement is lawful. All provisions of this Agreement shall be complied with unless any of such provision shall be declared invalid or inoperative by a Court of final jurisdiction. Should any provision of this Agreement or the application of such provision be rendered invalid by a Court of final jurisdiction or by reason of any existing or subsequently enacted in legislation, the remaining parts or portions of this Agreement shall remain in full force and effect. 20.2 Conflict With Legal or Affirmative Action Requirements. If there is any conflict between the provisions of this Agreement and any legal obligations or affirmative action requirements imposed on the City by federal, state statutory or common law, administrative rule or regulation, or executive order, then such legal obligations or affirmative action requirements thus imposed shall be controlling. ARTICLE 21. AMENDMENT OF AGREEMENT 21.1 This Agreement may be amended only by the mutual written agreement of the Parties. Such amendment shall be lettered, dated and signed by the Parties and, together with the attached Appendices "A” and "B", shall constitute a part of this Agreement. ARTICLE 22. LONGEVITY 22.1 Longevity. The following longevity pay will be added to the employees’ base monthly salary on the following schedule: After completion of: 5 consecutive years of service 1% of the employee’s base monthly salary 10 consecutive years of service 2% of the employee’s base monthly salary 15 consecutive years of service 3% of the employee’s base monthly salary 20 consecutive years of service 4% of the employee’s base monthly salary 25 consecutive years of service 5% of the employee’s base monthly salary 30 consecutive years of service 6% of the employee’s base monthly salary 02-13-2018 Council Meeting Agenda Packet Page 209 of 241 22.1.1 Longevity pay is not cumulative. ARTICLE 23. DURATION 23.1 This Agreement shall be effective January 1, 2018, and shall remain in full force and effect through December 31, 2021. Upon termination of this Agreement, all benefits and obligations hereunder shall be terminated and shall not survive the Agreement. The Parties may extend the terms of this Agreement by written agreement. DATED this ____ day of _________________, 2018. CITY OF EAST WENATCHEE TEAMSTERS UNION LOCAL NO. 760 By: By: 02-13-2018 Council Meeting Agenda Packet Page 210 of 241 APPENDIX "A" Effective Effective Effective Effective 1/1/2018 1/1/2019 1/1/2020 1/1/2021 Increase 3.5% Increase 3.5% Increase 3.5% Increase 3.5% Law Enforcement Employees 2018 2019 2020 2021 Sergeant Pay 7,340.57 7,597.49 7,863.40 8,138.62 Police Officer 1st Class Pay 6,463.38 6,689.60 6,923.73 7,166.06 Police Officer 2nd Class Pay 5,976.74 6,185.93 6,402.43 6,626.52 Police Officer 3rd Class Pay 5,097.94 5,276.37 5,461.04 5,652.18 Police Officer Trainee 4,433.80 4,588.98 4,749.60 4,915.83 02-13-2018 Council Meeting Agenda Packet Page 211 of 241 APPENDIX "B" Authorization for Check Off of Union Dues I hereby authorize the City Clerk to deduct from my earnings, the regular monthly dues (uniform in dollar amount) in the amount certified by the Financial Officer of Teamsters Union Local No. 760, and further authorize the remittance of such amount(s) to said Local Union in accordance with the currently effective Agreement between the City and the Union. This authorization is revocable by a notice in writing by certified mail to the City Clerk and the Union. I hereby waive all right and claim for said money so deducted and transmitted in accordance with this authorization and, further and separately, relieve the City, its employees, officers, representatives, and agents from liability therefore. Signature 02-13-2018 Council Meeting Agenda Packet Page 212 of 241 APPENDIX “C” PHYSICAL FITNESS STANDARDS City’s fitness incentive model, BLEA/PAT Model: two tier; min 160 points = $300; maximum 200 points = $500. One test per year per officer, scheduled twice annually. 02-13-2018 Council Meeting Agenda Packet Page 213 of 241 Letter of Agreement Between CITY OF EAST WENATCHEE and TEAMSTERS UNION LOCAL NO. 760 (“Union”) This Letter of Agreement (LOA) sets for the terms and understanding between the CITY OF EAST WENATCHEE (“Employer”) and the TEAMSTERS UNION LOCAL NO. 760 (“Union”) to establish an alternative work schedule for Police Department Union employees, as set forth in ARTICLE 9. HOURS OF WORK, OVERTIME AND OTHER PAY and ARTICLE 10. HOLIDAYS of the current collective bargaining agreement. Background Current collective bargaining agreement establishes a normal work week Police Department Union employees as either five eight-hour shifts or four ten-hour shifts. The Employer has the exclusive prerogative to schedule working time and time off, however is restricted to a 40-hour FLSA overtime threshold. Purpose This LOA will allow for the creation of an alternative 12-hour work schedule by recognizing Police Department Union employees as meeting the FLSA 207(k) exemption from a 40 hour overtime threshold for hours worked in a 7 day workweek. This recognition will allow the Employer to create schedules using the higher FLSA 207(k) thresholds or longer workweeks when determining overtime. The resulting schedule will allow for more consistent shift coverage, clearer chain of command, ability to train half of the personnel while the other half works and even the distribution of weekends on and off amongst employees. This LOA is not intended to unduly modify or interfere with any provisions of the current collective bargaining agreement (CBA) or established management right. Its sole purpose is to assist in the creation of a 12 hour work schedule for a trial purpose. Permanent scheduling may become a topic of collective bargaining and this LOA is not intended to interfere or circumvent that process. The above goals will be accomplished by undertaking the following activities: - The Employer recognizes the FLSA 207(k) exemption for those Police Department Union Employees meeting exemption requirements. - The Employer will establish a fixed 14-day work week beginning on a Monday and ending Sunday, 13 days later. 02-13-2018 Council Meeting Agenda Packet Page 214 of 241 - The Employer will adopt a 12-hour work schedule where some employees, generally patrol officers, work two consecutive days on, followed by two consecutive days off, followed by three consecutive days on, followed by two consecutive days off, followed by two consecutive days on, and followed by three consecutive days off. The Employer will schedule one 8 hour shift every 14 day work period thus creating a work period of 80 hours every 14 days and 2080 hours annually. Doing this will avoid modifying pay and benefits or creating any additional “Kelly Time” leave banks. SEE ATTACHED EXAMPLE. - Police Department Union Employees will be paid “Overtime rate” for hours in excess of 80 hours in a 14 day period or in excess of 12 hours in a work day. ARTICLE 10. HOLIDAYS 10.2 To be eligible for holiday pay the employee must be in paid status the scheduled workday before and the scheduled workday after the paid holiday. If a holiday falls on the employee’s scheduled day off, the employee will be provided with an alternate day off and will be recorded on the employee's monthly time sheet as “Holiday Comp Time” (i.e., either twelve (12) hours for an employee working a five (5) day/eight (8) hour per day shift, or fifteen (15) hours for an employee working a four (4) day/ten (10) hour per day shift, or for an employee working a twelve (12) hour shift eighteen (18) hours). These hours will be accumulated into a holiday bank not to exceed ninety (90) hours. This provision only applies when a holiday falls on the employee’s scheduled day off. Reporting At any time the CITY OF EAST WENATCHEE (“Employer”) and TEAMSTERS UNION LOCAL NO. 760 (“Union”) may meet to discuss the effectiveness of this LOA and decide if any modifications should be made. Duration This LOA may be modified by mutual consent of authorized officials from the CITY OF EAST WENATCHEE (“Employer”) and the TEAMSTERS UNION LOCAL NO. 760 (“Union”). This LOA shall become effective January 1st, 2018 and will remain in effect until modified or terminated by any one of the parties by mutual consent. In the absence of mutual agreement by authorized officials from CITY OF EAST WENATCHEE (“Employer”) and TEAMSTERS UNION LOCAL NO. 760 (“Union”) this LOA shall end on June 30th, 2018. However, the substance of this LOA or its progeny may be adopted into the collective bargaining agreement by mutual agreement. _________________________ Date:_______________________ Steve Lacy Mayor _________________________ Date:_______________________ Leonard Crouch Secretary-Treasurer 02-13-2018 Council Meeting Agenda Packet Page 215 of 241 CITY OF EAST WENATCHEE COUNCIL AGENDA BILL To: Mayor and Council From/Presenter: Tom Wachholder, Land & Water Resource Program Manager Subject: 2 Ton Vibratory Steel Wheeled Roller Purchase Authorization Date: February 7, 2018 I. Summary Title: 2 Ton Vibratory Steel Wheeled Roller Purchase from the Washington State Department of Enterprise Services Contract No. 03412 (State Contract). II. Background/History: The Street Department identified a need to replace their former steel wheeled roller (1991 Beuthling Compactor) which was deemed inadequate because it lacked a vibratory drum. In addition to lacking a vibratory drum, the former roller was small in size which prevented adequate asphalt compaction. The former roller was approved for surplus auction by City Council on June 14, 2016 (Resolution 2016-06). A new roller purchase was budgeted for 2017; however, the Street Department decided to reallocate these funds to purchase a salt spreader and snowplow for the new Dodge 5500 utility dump truck. During the interim, the Street Department relies upon vibratory roller rentals to complete their paving activities. State statute requires the City to use a formal competitive bidding process when purchasing equipment over $15,000. The Washington State Department of Enterprise Services (DES) holds contracts that have been executed through a competitive bidding process. Political subdivisions of Washington and Oregon State are eligible to purchase products from DES contracts. DES Contract No. 03412 (Rollers, Various Sizes) has made available a 2 ton vibratory steel wheeled roller manufactured by Caterpillar, model CB 14. The Street Department seeks approval to order and purchase a Caterpillar, CB 14, vibratory roller. III. Recommended Action: Approve the purchase of the 2 ton vibratory steel wheeled roller (Caterpillar CB 14) from the Washington State Department of Enterprise Services Contract No. 03412. IV. Exhibits: 1) State Contract No. 03412; 2) Contract No. 03412 Amendment No. 4; and 3) Caterpillar CB 14 specifications. 02-13-2018 Council Meeting Agenda Packet Page 216 of 241 Financial Data: Expenditure Required Amount Budgeted Appropriation Required $30,347 $40,000 No 02-13-2018 Council Meeting Agenda Packet Page 217 of 241 02-13-2018 Council Meeting Agenda Packet Page 218 of 241 02-13-2018 Council Meeting Agenda Packet Page 219 of 241 02-13-2018 Council Meeting Agenda Packet Page 220 of 241 02-13-2018 Council Meeting Agenda Packet Page 221 of 241 02-13-2018 Council Meeting Agenda Packet Page 222 of 241 02-13-2018 Council Meeting Agenda Packet Page 223 of 241 CB14B Utility Roller Compaction width 900 mm (35") 1000 mm (39") Operating weight - kg (lb) 1485 (3,274) 1520 (3,351) Kohler KDW1003 diesel engine 16.8 kW (22.5 hp) R 02-13-2018 Council Meeting Agenda Packet Page 224 of 241 2 3 1 2 A COMPETITIVE EDGE PRodUctivity in conFinEd AREAS Fuel efficient engine also delivers low sound levels. VISIBILITY, STEERING LEAD THE WAY Productivity in confined areas and open spaces, plus easy transportability from one job to the next can help your business find its competitive edge. The sloped hood and accurate steering of the CB14B Utility Roller help operators work right up to the edge. The rollers are productive within tight spaces, in part because of their comfortable seating and ergonomic controls. Speaking of productive, they are equally adept at both granular and asphalt compaction. DUAL-DRUM DRIVE – Delivers continuous full-drum traction on soft base materials – Performs well on uneven surfaces, and steeper grades COMFORT AND VISIBILITY – Roomy operator station with abundant leg room – Standard, adjustable seat improves visibility – Standard or suspension seat, both equipped with operator presence sensor for enhanced safety and water drainage capability ENGINE – Kohler KDW1003, 3-cylinder liquid cooled engine delivers 16.8 kW (22.5 hp) of power @ 2850 rpm – Meets U.S. EPA Tier 4 Final engine emissions standards – Pre-heat starting system 02-13-2018 Council Meeting Agenda Packet Page 225 of 241 5 6 7 4 4 3 1. Roomy operating station 2. Fully isolated platform 3. Perfect finish drum designs 4. Retractable front and rear drum scrapers 5. Tilting operator platform and engine hood 6. Sloped hood provides excellent visibility 7. Pressurized water spray system WATER SPRAY SYSTEM – Standard 100 L (26 gal) tank maximizes time between refills – Eight intermittent spray settings match conditions – Pressurized system with four nozzles per drum optimize water coverage SERVICEABILITY – Rear platform and front hood equipped with lift assist for easy component access and serviceability – External engine components, hydraulics and routine service points grouped for easy access and ecology-minded draining 02-13-2018 Council Meeting Agenda Packet Page 226 of 241 4 COMFORT AND VISIBILITY Joining FoRcES to kEEP oPERAtoRS FRESh 02-13-2018 Council Meeting Agenda Packet Page 227 of 241 5 INSTRUMENT PANEL VISUAL INDICATORS 1. Vibe on 2. Low fuel 3. Engine pre-heat 4. Air filter change 5. Hour meter 6. Engine oil pressure 7. Cooling temperature 8. Parking brake 9. Low battery 1 2 3 4 7 5 9 8 6 The fuel fill port and engine compartment are lockable for vandalism prevention. A lockable, self-storing cover protects the instrument panel. EASY, COMFORTABLE OPERATION – Ergonomically designed operator station – Rubber mounts minimize vibration to the operator station – Propel lever and steering wheel with steering assist knob provide effortless control INSTRUMENT PANEL – Controls centrally located for operator ease and safety – Key controls such as drum vibe selection, water spray on/off and intermittent settings are logically placed and easy to adjust – Easily observed warning lights provide quick feedback SEAT – Fully adjustable seat, equipped with operator presence sensor for enhanced safety – Standard seat provides plenty of comfort and multiple adjustments – Water drainage facilitated to help fight the elements VISIBILITY – Sloped hood enables excellent front visibility – Minimal side clearance creates direct sight lines to working areas – Good visibility to rear of roller PRODUCTIVITY, SAFETY ENHANCED Operators appreciate added comfort, and paving contractors increasingly realize its value, too. Comfortable operators stay fresh and alert throughout their shifts, providing both safety and productivity benefits. Visibility improves safety, and not only through improved sight lines. Visibility also reduces fatigue that results when operators have to twist and turn to see. 02-13-2018 Council Meeting Agenda Packet Page 228 of 241 ENGINE high EFFiciEncy, low SoUnd lEvElS ENGINE – Kohler KDW1003 4-cycle, 3-cylinder liquid cooled engine – Delivers 16.8 kW (22.5 hp) of power @ 2850 rpm – Low engine speed and advanced injection system provide excellent fuel efficiency – Quiet operation and lower vibration due to fewer moving parts, superior balance and lower cylinder volume – Meets U.S. EPA Tier 4 Final engine emissions standards – Pre-heat starting system – Serviced and supported by Cat® Dealers COOLING SYSTEM – Cooling package with integrated water and oil cooler – Aluminum radiator provides corrosion resistance and reliability – Large space between cores provide efficient cooling and easy cleaning – Effective in high-ambient temperatures reaching 50º C (122º F) PROPERLY POWERED The CB14B delivers plenty of power to keep the roller productive, even on steep grades. The engine is quiet thanks in part to the belt-driven, overhead camshaft and low turbulence. The large cooling system provides efficient performance in normal and high ambient temperatures. 66 02-13-2018 Council Meeting Agenda Packet Page 229 of 241 7 PERFECTLY MATCHED dRUmS, vibRAtoRy SEttingS mEEt comPAction nEEdS VIBRATORY SYSTEM AND DRUMS Available in two drum widths, the CB14B is designed and built to provide options that precisely match your applications. What doesn’t change is the fact that frequencies and amplitudes are optimized to provide a smooth mat in a variety of jobsite conditions. – Available with 900 mm (35") or 1000 mm (39") tandem vibratory drums – Vibratory selection includes front drum only or both drums – Vibratory system automatically starts when propel lever is engaged – Each drum fitted with front and rear scrapers that are spring-loaded, retractable and self-adjusting – Dual-drum drive powertrain provides continuous full-drum traction on soft base materials, uneven surfaces and steeper grades – Rounded drum edge prevents cutting into mat The vibratory system provides good balance between frequency and amplitude to meet various jobsite conditions. Applications include: • Bike paths • Courtyards • Patchwork • Parking lots • Driveways • Town centers • Trenches • Shoulder work • Cul-de-sacs Propel lever 02-13-2018 Council Meeting Agenda Packet Page 230 of 241 8 MANEUVERABILITY conFinEd SPAcES ARE no PRoblEm ACCURATE CONTROL NEAR OBSTACLES The size of the CB14B helps it go where other rollers can’t. The CB14B’s minimal side clearance enables optimal maneuverability next to curbs and obstacles, while the low center of gravity provides stability when operating in open areas or tight locations. SIZE AND STEERING – Articulated frame and steering – Low center of gravity for optimum stability on asphalt or soil/ aggregate – Sealed articulation bearings – Side clearance of 45 mm (2") – Curb clearance of 400 mm (16") – Outside turning radius of 2.9 m (9.6') with 900 mm (35”) drum, and 3 m (9.8') on 1000 mm (39”) drum SIZE ENABLES TRANSPORTABILITY – Foldable ROPS facilitates machine transportability – ROPS can be folded forward without the use of tools – Short length allows the CB14B to fit crosswise on a trailer – High ground clearance facilitates driving the CB14B up trailer ramps – Four lifting points, with optional spreader bar 02-13-2018 Council Meeting Agenda Packet Page 231 of 241 WATER SPRAY SYSTEM conSiStEnt covERAgE PREvEntS PickUP WATER SPRAY SYSTEM – Standard 100 L (26 gal) tank maximizes time between refills – Pressurized system offers consistent drum coverage – Eight intermittent spray settings – Four nozzles at rear and front optimize water coverage on drums – Large diameter port results in quick refilling – Corrosion-proof materials – Extended-life water pump – Double-filtered system helps prevent clogging – Draining completed through a single port – Easy-to-clean spraybars with caps that can be removed by hand – Spray nozzles with filters that can be removed by hand for periodic cleaning MULTIPLE SETTINGS FOR VARIED APPLICATIONS Preventing asphalt pickup is key to keeping a fresh mat in place. The water spray system on the CB14B Utility Roller includes many features that ensure quality. They start with consistent water coverage across both front and rear drums. Varied spray settings, combined with multiple nozzles, help keep the water flow steady. The large water tank, meanwhile, helps crews stay on the mat for extended periods between refills. The roller features eight intermittent spray settings and four nozzles per drum. 9 02-13-2018 Council Meeting Agenda Packet Page 232 of 241 REDUCING MAINTENANCE COSTS Productivity isn’t just found while the roller is moving. Maintenance and service efficiencies also impact your bottom line. The service points you need to reach on the CB14B are readily accessible. In addition, key components and wiring are easy to reach, intuitively grouped and properly protected. The result: Technicians complete their work quickly, and your roller spends more time rolling. SERVICEABILITY EASy AccESS REAchES nEw lEvElS KEY SERVICE FEATURES – Engine hood and operating platform equipped with lift assist for easy access and servicing – Battery and water pump easy to reach with operator platform in the raised position – External engine components, hydraulics and routine service points grouped for easy access and ecology-minded draining – Large space between radiator and oil cooler core provide easy cleaning – Fuel and water tanks conveniently located for fast cleaning – Electrical system utilizes color-coded wires, all-weather connections and nylon braiding to provide reliability and protection Monitoring fluid levels is easy. A sight gauge shows hydraulic oil levels, and engine oil is checked with a dipstick. 10 02-13-2018 Council Meeting Agenda Packet Page 233 of 241 11 CB14B SPECIFICATIONS 6 7 1 3 4 5 2 1 Drum width – mm (in) 900 (35) 1000 (39) 2 Overall length – mm (in) 1950 (77) 1950 (77) 3 Overall width – mm (in) 1000 (39) 1102 (43) 4 Overall height – mm (in) 2545 (100) 2545 (100) 5 Transport height (ROPS lowered) – mm (in) 1975 (78) 1975 (78) 6 Ground clearance – mm (in) 220 (9) 220 (9) 7 Curb clearance – mm (in) 400 (16) 400 (16) Side cleareance – mm (in) 45 (2) 45 (2) Drum diameter – mm (in) 560 (22) 560 (22) Dimensions CB14B w/900 mm (35”) Drums CB14B w/1000 mm (39”) Drums Operating weight – kg (lb) 1485 (3,274) 1520 (39) Operating weight Maximum rated power – kW (hp) 16.8 (22.5) 16.8 (22.5) Operating speed – rpm 2850 2850 Engine – Kohler KDW1003 Fuel tank – L (gal) 23 (6.1) 23 (6.1) Water tank – L (gal) 100 (26.4) 100 (26.4) Capacities Centrifugal force per drum – kN (lb) 15 (3,400) 15 (3,400) Frequency – Hz (vpm) 70 (4,200) 65 (3,900) Amplitude – mm (in) 0.92 (0.036) 0.92 (0.036) Vibratory system Maximum speed – km/h (mph) 0-9 (0-6) 0-9 (0-6) Maximum gradeability – % 30 30 Outside turning radius – m (ft) 2.9 (9.6) 3 (9.8) Miscellaneous 02-13-2018 Council Meeting Agenda Packet Page 234 of 241 For more complete information on cat products, dealer services, and industry solutions, visit us on the web at www.cat.com © 2012 caterpillarAll Rights Reserved materials and specifications are subject to change without notice.Featured machines in photos may include additional equipment. See your cat dealer for available options. cAt, cAtERPillAR, their respective logos, and “caterpillar yellow,” as well as corporate and product identity used herein, are trademarks of caterpillar and may not be used without permission QEhQ1591 (5/12) Cat® CB14B Utility Roller R 02-13-2018 Council Meeting Agenda Packet Page 235 of 241 02-13-2018 Council Meeting Agenda Packet Page 236 of 241 agreement in an amount not to exceed $62,455. This agreement will determine the scope of work and cost of design services for the 2018 TIB overlay project. IV. Exhibits: n/a Financial Data: Expenditure Required Amount Budgeted Appropriation Required Not to exceed $62,455 $62,455 No 02-13-2018 Council Meeting Agenda Packet Page 237 of 241 Waste Stream (Pounds Collected)Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year-to-Date RESIDENTIAL WASTE STREAM Residential Recycling 87,549 87,048 125,235 102,611 86,257 120,633 98,055 127,849 137,388 95,752 97,962 116,371 1,282,709 Residential Yard Waste 3,676 1,471 20,276 50,472 73,978 91,490 58,268 77,252 66,848 53,386 52,897 44,685 594,700 Residential Solid Waste 437,568 448,975 759,090 748,548 800,512 898,934 800,562 697,178 803,711 717,712 771,055 581,817 8,465,660 TOTAL RESIDENTIAL 528,793 537,494 904,602 901,630 960,747 1,111,057 956,885 902,279 1,007,947 866,850 921,914 742,872 10,343,069 MULTIFAMILY Multifamily Recycling 0 0 0 0 0 0 0 0 0 0 0 0 0 Multifamily Organics/Yard Debris 0 0 0 0 0 0 0 0 0 0 0 0 0 Multifamily Roll Off Solid Waste 0 0 0 0 0 0 0 0 0 0 0 0 0 Multifamily Solid Waste 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MULTIFAMILY 0 0 0 0 0 0 0 0 0 0 0 0 0 COMMERCIAL WASTE STREAM Commercial Recycling 39,033 41,575 50,054 34,959 37,338 33,415 34,231 47,110 35,301 38,531 44,159 38,111 473,818 Commercial Organics/Yard Debris 0 0 0 0 0 0 0 0 0 0 0 0 0 Commercial CDL*79,860 70,960 330,860 99,260 182,300 301,820 248,240 334,380 319,940 298,080 240,580 499,320 3,005,600 Commercial Roll Off Solid Waste 218,460 247,640 271,780 219,100 316,520 168,820 171,360 51,860 118,660 124,760 136,100 211,320 2,256,380 Commercial Solid Waste 510,347 537,880 703,926 711,382 762,554 686,527 630,127 732,904 694,497 621,307 633,273 580,575 7,805,298 TOTAL COMMERCIAL 847,700 898,056 1,356,620 1,064,701 1,298,711 1,190,582 1,083,958 1,166,254 1,168,399 1,082,678 1,054,112 1,329,326 13,541,096 MISC ROLL OFF WASTE STREAM Roll Off Single Stream, Cardboard, Fiber 14,400 132,180 38,440 67,020 32,700 82,220 18,360 31,700 42,100 34,680 24,560 47,740 566,100 Roll Off Concrete, Wood, Metal, Commingle 0 5,900 0 42,520 13,480 66,980 30,220 0 0 15,600 95,020 0 269,720 Roll Off Yard Waste 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MISC ROLL OFF 14,400 138,080 38,440 109,540 46,180 149,200 48,580 31,700 42,100 50,280 119,580 47,740 835,820 TOTAL WASTE STREAM 1,390,893 1,573,630 2,299,661 2,075,871 2,305,638 2,450,839 2,089,423 2,100,233 2,218,445 1,999,808 2,095,606 2,119,938 24,719,985 * Construction, Demolition and Land Clearing Debris PARTICIPATION STATISTICS Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year-to-Date Residential Curbside Recycling Average Set-Out %97.3%97.3%97.3%96.9%97.1%97.1%97.0%97.0%96.8%96.2%96.8%96.8%97.2% Average Lbs. Per Set-out 7 7 7 8 7 8 8 10 9 8 8 9 7 Residential Yard Waste Average Set-Out % 98.1%98.1%97.1%97.0%97.0%97.1%97.4%96.8%97.5%97.4%96.5%98.0%97.4% Average Lbs. Per Set-out 4 2 23 53 67 57 51 66 56 44 46 32 30 Residential Solid Waste Average Set-Out % 93.3%93.6%93.3%92.9%93.5%92.7%93.3%93.5%93.2%93.7%92.1%93.4%93.3% Average Lbs. Per Set-out 28 30 41 48 52 50 48 46 48 45 50 39 40 WASTE STREAM DIVERSIONS Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Year-to-Date Residential Waste Stream From Curbside Recycling 16.6%16.2%13.8%11.4%9.0%10.9%10.2%14.2%13.6%11.0%10.6%15.7%12.4% From Yard Waste 0.7%0.3%2.2%5.6%7.7%8.2%6.1%8.6%6.6%6.2%5.7%6.0%5.7% TOTAL RESIDENTIAL 17.3%16.5%16.1%17.0%16.7%19.1%16.3%22.7%20.3%17.2%16.4%21.7%18.2% Commercial Waste Stream From Commercial Recycling 6.2%17.3%6.3%12.3%6.2%13.6%7.3%6.6%6.4%7.8%14.0%6.2%9.1% From Commercial Organics/Yard Debris 0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0%0.0% TOTAL COMMERCIAL 6.2%17.3%6.3%12.3%6.2%13.6%7.3%6.6%6.4%7.8%14.0%6.2%9.1% TOTAL DIVERSION 10.4%17.0%10.2%14.3%10.6%16.1%11.4%13.5%12.7%11.9%15.0%11.6%12.9% City of East Wenatchee Waste Stream Summary Report 2017 City Copy East Wenatchee 2017 Waste Stream Summary Waste Stream Summary Page 1 of 1 02-13-2018 Council Meeting Agenda Packet Page 238 of 241 City of East Wenatchee Recyclables Quarterly Report Q4 2017 Designated residential recyclable collected by Commodity: Single Stream Pounds: 310,084 Designated commercial recyclable collected by Commodity: Single Stream Pounds: 120,802 Net value of the designated residential recyclables sold. -6,077.76 Itemized breakdown of all processing and transportation costs incurred with the delivery of the residential recyclables to their delivery point. (See Attached) Name and Address of Contracted Collection Company; Waste Management of Greater Wenatchee 711A N. Wenatchee Ave Wenatchee, WA 98801 Name and Title of the Contracted Collection Company Contact Person; District Manager – Curt Kazen - 509-665-6185 Name and location of where designated recyclables were shipped, processed and marketed; SMaRT Recycling Center 2902 S. Geiger Blvd. Spokane, WA 99224 02-13-2018 Council Meeting Agenda Packet Page 239 of 241 Month Total Haul Fee Per Load Number of Loads Hauled Per Month Total Haul Fee Per Load x Number of Loads Hauled = Haul Fees Per Month Avg. Tons Per Load Total Tons Per Month Commodity Pass back per Ton Pass back X Total Tons Per Month Pass back Minus Haul Fee and Processing Fees October $750.00 3.17 $2,380.40 16.54 52.50 $4.90 $257.23 ($2,123.17) November $750.00 2.71 $2,034.53 19.88 53.93 $4.90 $264.25 ($1,770.28) December $750.00 3.33 $2,495.75 19.1 63.56 $4.90 $311.44 ($2,184.31) Total ($6,077.76) City Of East Wenatchee Recycle Pass Back 4th Quarter 2017 02-13-2018 Council Meeting Agenda Packet Page 240 of 241 From:Wasielewski, Joylynn M Subject:Charter Communications ("SPECTRUM") Programming Update 2.01.2018 Date:Thursday, February 1, 2018 3:17:46 PM Attachments:image001.pngimage002.png Charter Communications ("SPECTRUM") is making changes to our channel lineup for customers in your community. Effective on or after March 13, 2018, the Travel Channel will move from SPP Tier 1 to SPP Select. Charter is making customers aware of these changes via a cable bill message. If you have any questions regarding this change, or any other cable related issues, please do not hesitate to contact me directly at (360) 258-5108 or by email at Marian.Jackson@Charter.com. Sincerely, Marian Jackson | Director, Government Affairs | Wk: 360-258-5108 | Cell: 360-600-4131 222 NE Park Plaza Drive, #231| Vancouver, WA 98684 The contents of this e-mail message and any attachments are intended solely for the addressee(s) and may contain confidential and/or legally privileged information. If youare not the intended recipient of this message or if this message has been addressed to you in error, please immediately alert the sender by reply e-mail and then delete this message and any attachments. If you are not the intended recipient, you are notified that any use, dissemination, distribution, copying, or storage of this message or any attachment is strictly prohibited. 02-13-2018 Council Meeting Agenda Packet Page 241 of 241