Loading...
2014.06.10 CC Committee Meeting Agenda Packet              AGENDA EDMONDS CITY COUNCIL Council Chambers ~ Public Safety Complex 250 5th Avenue North, Edmonds _____________________________________________ SPECIAL MEETING June 10, 2014   5:30 p.m. Call to Order             1.(45 Minutes)Executive Session to discuss pending and potential litigation per RCW 42.30.110(1)(i)   6:15 p.m. Call to Order/Flag Salute   2.(5 Minutes)Roll Call   3.(5 Minutes)Approval of Agenda   4.(5 Minutes)Approval of Consent Agenda   A. Approval of City Council Meeting Minutes of June 3, 2014   B. Adoption of Police Collective Bargaining Agreement for 2014-2017   5.Audience Comments (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings   6.(5 Minutes)Mayor's Comments   7.(15 Minutes)City Council Comments   City Council Committee Meetings     The City Council Committee meetings are work sessions for the City Council and staff. Members of the public are welcome to observe the meeting, but public participation is limited to making comments at the end of the meeting with a 3 minute limit per person.   8.Finance Committee Meeting Location:  Jury Meeting Room         Packet Page 1 of 199 A.(10 Minutes)2014 April Budgetary Financial Report   B.(10 Minutes)Report of the Edmonds Public Facilities District   C.Public comments (3-minute limit per person)   9.Parks, Planning & Public Works Committee Meeting Location:  Council Chambers   A.(5 Minutes)Briefing on the 2015-2020 Six-Year Transportation Improvement Program   B.(5 Minutes)Authorization to award a construction contract for the 2014 Waterline Replacement Project.   C.(5 Minutes)Authorization for Mayor to sign a Professional Services Agreement with Stantec Consulting to provide design services for the 2015 Waterline Replacement project.   D.(5 Minutes)Authorization for Mayor to approve acceptance and recording of a Sidewalk Access Easement for 23220 Edmonds Way.   E.(5 Minutes)Report on final project costs for 2013 Sewerline Rehabilitation Project and Council acceptance of the Project.   F.(5 Minutes)Authorization to approve a Change Order for the Citywide Safety Improvements project   G.(5 Minutes)Amendments to Alliance for Housing Affordability Interlocal Agreement   H.(5 Minutes)Public comments (3-minute limit per person)   10.Public Safety and Personnel Committee Meeting Location:  Police Training Room (there are no agenda items for this meeting)         Packet Page 2 of 199    AM-6915     4. A.              City Council Committee Meetings Meeting Date:06/10/2014 Time:Consent   Submitted By:Scott Passey Department:City Clerk's Office Review Committee: Committee Action:  Type: Action  Information Subject Title Approval of City Council Meeting Minutes of June 3, 2014 Recommendation Review and approve meeting minutes. Previous Council Action N/A Narrative The draft minutes are attached. Attachments 06-03-14 Draft Council Meeting minutes Form Review Form Started By: Scott Passey Started On: 06/05/2014 03:45 PM Final Approval Date: 06/05/2014  Packet Page 3 of 199 EDMONDS CITY COUNCIL DRAFT MINUTES June 3, 2014 The Edmonds City Council meeting was called to order at 6:00 p.m. by Mayor Pro Tem Buckshnis in the Council Chambers, 250 5th Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Diane Buckshnis, Mayor Pro Tem Kristiana Johnson, Council President Pro Tem Lora Petso, Councilmember Strom Peterson, Councilmember Joan Bloom, Councilmember Adrienne Fraley-Monillas, Councilmember Thomas Mesaros, Councilmember ELECTED OFFICIALS ABSENT Dave Earling, Mayor STAFF PRESENT Phil Williams, Public Works Director Carrie Hite, Parks & Recreation Director Carolyn LaFave, Executive Assistant Jeff Taraday, City Attorney Scott Passey, City Clerk Sandy Chase, Senior Executive Council Asst. Jeannie Dines, Recorder 1. CONVENE IN EXECUTIVE SESSION TO DISCUSS COLLECTIVE BARGAINING PER RCW 42.30.110(1)(4)(a) At 6:00 p.m., Mayor Pro Tem Buckshnis announced that the City Council would meet in executive session to discuss collective bargaining per RCW 42.30.110(1)(4)(a). She stated that the executive session was scheduled to last approximately 45 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Pro Tem Buckshnis, Council President Pro Tem Johnson, Councilmembers Fraley-Monillas, Buckshnis, Peterson, Petso, Bloom and Mesaros. Others present were City Attorney Jeff Taraday, Parks & Recreation/Human Resources Reporting Director Carrie Hite, Human Resources Manager MaryAnn Hardie and City Clerk Scott Passey. The executive session concluded at 6:40 p.m. 2. MEET WITH SISTER CITY CANDIDATE PAMELA ERICKSON FOR CONFIRMATION TO THE ESCC At 7:41 p.m., the City Council met with Sister City Commission candidate Pamela Erickson. The meeting took place in the Jury Meeting Room, located in the Public Safety Complex. All City Council members were present for the meeting with Ms. Erickson Mayor Pro Tem Buckshnis reconvened the regular City Council meeting at 7:00 p.m. and led the flag salute. 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Mayor Earling. Packet Page 4 of 199 4. APPROVAL OF AGENDA COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER PETSO, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MAY 27, 2014 B. APPROVAL OF CLAIM CHECKS #208809 THROUGH #208878 DATED MAY 29, 2014 FOR $223,878.29 C. AUTHORIZATION TO CONTRACT WITH JAMES G. MURPHY TO SELL SURPLUS CITY VEHICLES AND SELL A PARTS CAR TO PICK-N-PULL D. CONFIRMATION OF PAMELA ERICKSON TO THE EDMONDS SISTER CITY COMMISSION Mayor Pro Tem Buckshnis introduced Pamela Erickson whose appointment to the Edmonds Sister City Commission was confirmed on the Consent Agenda tonight. 6. AUDIENCE COMMENTS Alvin Rutledge, Edmonds, reported a formation of vintage World War II P-51 airplanes will fly over Edmonds on Friday, June 6. Peter Laylin, representing the Train Horn Noise Advisory Committee, relayed train horn noise can be substantially reduced or eliminated via the creation of a quite zone. The committee is conducting a campaign to show support for the creation of a quiet zone including circulation of a petition to property owners who would benefit from establishing a quiet zone and asks for the creation of a local improvement district (LID) to fund the project. Their initial efforts indicate widespread support for establishing a quiet zone. The manager of a hotel located near the tracks provided comments received from overnight guests regarding disruption caused by the train horns. The committee’s initial focus was the creation of an LID to fund construction of a full quiet zone which would require the installation of a number of fixtures to satisfy the Federal Railroad Administration requirements. If BNSF installs a second track, major elements of the quiet zone would need to be moved. Those studying the issue, including City staff, are considering installation of a wayside horn which would provide considerable relief from horn noise but not eliminate it entirely. This system is much less expensive and could be more easily relocated if a second track is installed. He suggested such a system be funded by the City without an LID. He urged the City Council to move ahead with the creation of a train horn quiet zone, place it on the on the CIP and budget funds for continued study of the establishment of a train horn quiet zone. 7. CONTRACT RENEWAL WITH LIGHTHOUSE LAW GROUP PLLC (LIGHTHOUSE) Mayor Pro Tem Buckshnis explained she has spent a considerable amount of time discussing this with Mayor Earling and City Attorney Jeff Taraday. Information regarding the flat fee, hours, etc. is included in the agenda memo. She has requested in the future Mr. Taraday provide at least the Council President with the hours spent by Lighthouse to provide an idea of the tremendous amount of work they do. Packet Page 5 of 199 Councilmember Mesaros proposed a formal evaluation to recognize the good work accomplished by Lighthouse, get input from those who work with the firm as well as identify any areas of concern. He suggested 1-2 Councilmembers work with Lighthouse to develop a document and circulate it among senior City staff and Councilmembers. That document could be used to evaluate City Attorney contracts in the future. Councilmember Petso expressed support for establishing an evaluation process. She observed the current contract has a 60 day termination right at the option of the City. That works well with an evaluation process; if problems occur, the 60 day termination provision could be invoked. For Councilmember Petso, Mr. Taraday advised the new contract has a 4% annual increase. Councilmember Petso observed the current contract requires Lighthouse request an annual increase and she questioned the change to an ongoing annual increase. Mr. Taraday explained the current contract does not allow any increase in their fees and Lighthouse has not increased their fee since they were hired in 2011. He was open to either an automatic annual increase or allowing him to proposing an annual increase. He explained it was to Lighthouse’s advantage not to have a fixed percentage increase and allow him to request an increase on an annual basis. Councilmember Petso preferred to consider an increase to the Lighthouse contract annually in connection with budget rather than locking into a 4% annual increase. Councilmember Fraley-Monillas expressed support for Councilmember Mesaros’ suggestion to establish an evaluation committee of staff and Council, noting no one should have to learn how they are doing right before their contract renewal. An evaluation keeps communication open between all parties in a formal setting. And evaluation process would be appropriate for any contractor the City contracts with on a long term basis. Mayor Pro Tem Buckshnis agreed with Councilmember Mesaros’ suggestion, relaying that she planned to ask that be implemented in the new contract. She relayed citizens’ concern with Mr. Taraday quoting the law rather than providing an opinion based on the law. Mr. Taraday answered he was trained not to memorize the law because the law changes over time and if one memorizes the law, one day the law will change, the statute will be amended or the case overruled, and what he memorized would be wrong. Second, it helps establish trust and credibility for those he is advising to hear not just the citation of the law but how he is analyzing it and whether there is some key phrase or sentence that he is focusing on. He hoped this helped the Council understand his thought process and to have additional confidence in his advice. If the Council did not like that extra information, he could adjust his style. Mayor Pro Tem Buckshnis asked Councilmember Mesaros if his intent was to delay approval of the contract until after an evaluation was conducted. Councilmember Mesaros answered yes. Council President Pro Tem Johnson recalled at the last meeting the Council was discussing whether to proceed with a Request for Qualifications (RFQ) to consider other applicants for City Attorney. She asked whether the Council wanted to proceed with an RFQ tonight and then do the evaluation or whether the evaluation will be used to determine whether to proceed with an RFQ. Councilmember Mesaros anticipated doing the evaluation first. If everyone was happy with the evaluation, he would not recommend proceeding with an RFQ. If the Council was unhappy with the evaluation, that would be a reason to proceed with an RFQ. He anticipated the Council would be happy with the evaluation. Councilmember Fraley-Monillas pointed out the basis of an evaluation is how the firm is doing as well as the work plan for future. If the Council determines they want to renew Lighthouse’s contract, an evaluation would be appropriate because it could also include expectations for future performance. If the Packet Page 6 of 199 Council is interested in determining how Lighthouse has performed, she suggested instead of an evaluation, establishing a work group to determine whether the flaws outweigh the positives and whether to proceed with an RFQ. She inquired about the termination clause. Mr. Taraday answered the contract has 60 day termination clause which is shorter than he would like. Councilmember Bloom reiterated she was not interested in doing an RFQ to seek other law firms. She felt the City has gotten extremely good service at a very reasonable price from Lighthouse. Further, Lighthouse has resolved a number of issues they inherited from the former City Attorney. She supported the concept of an evaluation as Councilmember Fraley-Monillas described. She urged the Council to determine tonight whether to proceed with an RFQ although she did not support doing an RFQ. She was concerned that establishing an evaluation process would take longer than Councilmember Mesaros thinks as it needs to be done in a manner that it would be a tool for the Council to use in the future. She preferred not to delay renewal of the contract with Lighthouse and to accomplish an evaluation before the end of the 60 day period. Councilmember Peterson pointed out the 60 day termination period always exists; the City simply needs to give Lighthouse 60 days’ notice prior to termination. He agreed with Councilmember Mesaros, viewing it as a three step process, 1) if an evaluation is conducted and it is glowing, the contract can be renewed, 2) if the evaluation identifies issues that can be easily resolved, the contract language can be revised and the contract renewed, and 3) if the evaluation uncovers huge discrepancies, the Council can discuss proceeding with an RFQ. Although the public sees Mr. Taraday at Council meetings, Councilmember Peterson explained most of the City Attorney’s work is done outside Council meetings. The City Attorney is hired by the City Council but he does the work of the City so it is important to have input from the Directors, the Mayor and the Council to ensure everyone is getting the best legal representation or to identify ways to improve. He agreed it was not easy to develop an evaluation but he also did not want to rush the contract renewal. Assuming that everyone was happy with the City Attorney likely contributed to the City having the law firm for 26 years. If the evaluation process takes a long time, Lighthouse’s contract could be extended for one year. He did not support the Council making a decision on an RFQ tonight and preferred to establish a committee with two Councilmembers and key staff to develop an evaluation process for Council review. Councilmember Peterson asked whether the discussions would be more appropriate in an executive session without Mr. Taraday. Mayor Pro Tem Buckshnis answered there was an attempt to have an evaluation in an executive session but because there had not been a complaint, an evaluation was not an appropriate topic for executive session. The discussion must to be concluded in public. COUNCIL PRESIDENT PRO TEM JOHNSON MOVED, SECONDED BY COUNCILMEMBER MESAROS TO SET ASIDE THE RFQ FOR THE TIME BEING, PROCEED WITH AN EVALUATION WHICH HOPEFULLY WILL LEAD TO A NEGOTIATION OR DECISION AT A FUTURE TIME. Councilmember Fraley-Monillas suggested a one year extension while the Council goes through this process, pointing out the 60 day termination clause could be enacted at any time. Although Mayor Pro Tem Buckshnis has mentioned there are issues with Lighthouse, not all Councilmembers are aware of those issues. She anticipated anything in Lighthouse’s evaluation should have already been discussed with Mr. Taraday. She asked Mr. Taraday whether there have been any discussions with him regarding Lighthouse’s performance before the last month. Mr. Taraday answered he has never had a regular performance review; he had a conversation with Councilmember Peterson when he was the Council President regarding a concern at that time but there have not been any discussions since then other than his conversation with Mayor Earling last week that was precipitated by the contract renewal. He welcomed feedback on their performance as well as a regular, formal evaluation. Packet Page 7 of 199 Councilmember Fraley-Monillas asked when Lighthouse’s contract expires. Mr. Taraday answered at the end of 2014. Knowing the expiration date, Councilmember Fraley-Monillas was comfortable with proceeding with a formal assessment of Lighthouse. She agreed Lighthouse deserves to have a periodic assessment and to be told on a timely basis if things are going wrong. Council President Pro Tem Johnson pointed out Lighthouse’s contract does not expire until the end of year. The contract renewal is being discussed now due of the length of time it took to hire Lighthouse. Councilmember Mesaros suggested there are three processes that could occur annually or every other year: 1) establish standards of performance, 2) conduct evaluation to determine if the standards have been met, and 3) discuss of standards for the future and timing of implementation. Councilmember Mesaros suggested researching standards for a City Attorney in a municipality Edmonds’ size as well as seeking input from Lighthouse. That document could be returned to the Council for review and input. Councilmember Bloom did not support the motion, commenting it always takes longer than you think and this was a procedure that was never done for the former City Attorney. She felt it was a disservice to Lighthouse to be developing a procedure at the same time the Council was negotiating a contract. Lighthouse needs more notice and the decision regarding contract renewal needs to be made more quickly. Although she was glad the contract renewal was being considered early in the year, she feared the Council was underestimating the amount of time it will take to establish a procedure to annually evaluate the City Attorney. She preferred to focus on renewal of the contract and then carefully establish a procedure for an annual evaluation, pointing the Council always has the option to terminate the contract. With the other issues facing the Council, she questioned whether focusing the Council’s energy on establishing a new procedure. She summarized an evaluation is a great idea and it can be initiated following renewal of Lighthouse’s contract. Councilmember Petso relayed she read the contract incorrectly and now recognized there was a flat fee until December 31, 2014. She asked whether Lighthouse wanted an answer by September. Mr. Taraday explained with a firm their size and a client Edmonds’ size, they have a lot of eggs in the Edmonds basket. If Edmonds wants to make a change, 60 days’ notice would not be an ideal situation for the people working at Lighthouse. He requested some indication sooner than later whether the Council planned to renew their contract. Councilmember Petso relayed she spoke with Mayor Earling about Lighthouse’s performance and she was satisfied with moving ahead with renewal. It was also acceptable to her if the Council wanted to create an evaluation process. She asked whether the evaluation process would change the information regarding Lighthouse. Mayor Pro Tem Buckshnis commented she included as much information as possible in the packet, the financials, the pros and cons of an in-house attorney, etc. She was concerned with timeliness and if an evaluation process is established for the City Attorney, it should also be done for the prosecutor and other contractors. The City has received a tremendous amount of work for the money and Lighthouse has resolved a number of cases. She relayed Mayor Earling’s issues are also related to timeliness; the Council consumed 412 hours of Mr. Taraday’s time last year. She suggested including language regarding timeliness in the contract. She was also concerned with establishing a precedent. She has had no problem with Lighthouses’ work to date. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCIL PRESIDENT PRO TEM JOHNSON, AND COUNCILMEMBERS PETERSON, FRALEY-MONILLAS, AND MESAROS VOTING YES; Packet Page 8 of 199 MAYOR PRO TEM BUCKSHNIS AND COUNCILMEMBERS BLOOM AND PETSO VOTING NO. Councilmember Mesaros offered to serve in some capacity to help move this forward. Councilmember Fraley-Monillas also offered to assist with creating an evaluation process. It was agreed to establish a committee of Councilmember Fraley-Monillas and Mesaros; they will return with an evaluation process at the June 24 Council meeting. Councilmember Fraley-Monillas will prepare the agenda memo. Councilmember Fraley-Monillas advised they will also consult with Human Resources/Reporting Director Hite and Mayor Earling. 8. CITY INFORMATION SUPPORT/COMMUNICATIONS Parks & Recreation/Human Resources Reporting Director Carrie Hite advised Mayor Earling requested she present this topic. This position was funded via a decision package in the Economic Development Department. Through the budget process, the Council approved two decision packages to improve communication in the City. The first communications decision package, the focus of this agenda item, was focused on improving communications and marketing Edmonds as an arts destination. The second decision package was also to enhance communication to/from the public and funded a contract person to create social media outlets to provide more information to the public. An Edmonds Facebook page will soon be available based on that decision package. The intent of the first decision package was to improve communications internally and externally by marketing Edmonds as an arts destination. An RFP was sent out and several firms applied. A committee that included Councilmembers Buckshnis and Bloom, a few citizens and staff reviewed the responses and recommended one firm to Mayor Earling. Mayor Earling interviewed the firm to discuss the scope of work. In the meantime, Economic Development Director Stephen Clifton resigned; this contractor was intended to report to Mr. Clifton who had the knowledge to guide a firm to achieve the goals. With Mr. Clifton’s absence, Mayor Earling wanted a firm that was familiar with Edmonds and reissued the RFQ to achieve that goal. Several firms applied and Mayor Earling is awaiting the outcome of the Council’s discussion. Speaking on behalf Mayor Earling, Mayor Pro Tem Buckshnis relayed Councilmember Bloom wanted to postpone this item due to Mayor Earling’s absence but he indicated he said everything he need to say last week and it is within his authority to hire this person. Council President Pro Tem Johnson pointed out Strategic Action Plan Item 1.e.2 is related to the promotion of arts and culture with a ranking of medium high. The strategic objective parallels the work being dong via this contract, Create an Edmonds arts website and utilize social media including Google maps, Facebook, and Twitter to promote and attract visitors to an expanded year-round calendar of events and festivals for performing, literary, culinary, fine, and other arts interests. She pointed out as a result of last year’s Art Summit, this position was identified to promote arts and culture in the City. With regard to economic development, she pointed out the correlation between the economic health of the City and the tourist industry as tourism is one of the economic drivers in the county. For these reasons it makes sense to support this contract. Council President Pro Tem Johnson asked whether this was a one-time expense or an ongoing expense. Ms. Hite answered the decision package was funded as a one-time expense for this year. Oftentimes initiatives like this require continued follow-up; it was framed as a pilot to see what could be done. Councilmember Bloom said she still strongly believes in everything she said last week. The RFQ was changed significantly from the first RFQ. She appreciated that the arts are supported in the new RFQ. Her primary issue is open government; communication with the public in general was eliminated from the Packet Page 9 of 199 new RFQ. She relayed a citizen’s request that the Council utilize the piece of this contract related to enhancing the engagement of the public on website. Although the new RFQ does not say anything about communication with the public in general, one bullet states, Review City of Edmonds website and provide guidelines for enhanced content and messaging on the site. Although that is different than a back- and-forth communication, Mayor Earling has assured he will bring the consultant’s work to the Council for review. She wanted to ensure there were enhancements to the website to provide more easily accessible information and more engagement with the public. She referred to her interest in a blog on the City’s website to gather information from citizens and provide a way to respond to citizens other than just via email. She often communicates with citizens via email who have wonderful ideas but that is not available to the public unless there is a public records request. She wanted a place for that information to be available to generate discussion. Councilmember Bloom explained she wanted the public to be aware that the communications specialist had been changed to focus entirely on the arts, that it has a bowl-centric focus and the Economic Development Commission (EDC) and the City Council are left out of the loop. When the consultant’s reports are provided, she wanted to ensure this position also addresses issues on the website to make it more user-friendly and a back-and-forth exchange to improve communication with the citizenry. Councilmember Bloom explained initially she planned to present this as budget amendment to eliminate the funding for the position. Mayor Earling indicated he would fund the position anyway and she recognized she did not have the support for a budget amendment. Her intent is that the Council be aware of the issues and be prepared to evaluate the communication consultant’s work. She relayed Mayor Earling has not said whether he plans to include Councilmembers in the interview committee. The last committee had Councilmembers, citizens and a representative of the Chamber. She suggested minimally there be two Councilmembers on the interview committee. She appreciated the Council’s discussion, commenting it raises the Council awareness of the position. This is a one-time expenditure but the Council can consider extending the contract at the end of the year. Mayor Pro Tem Buckshnis said in her view the City Council is included. She referred to the comparison of RFQ 1 and 2, Item 2 in RFQ 2 states the important of findings ways to improve and enhance access to current information and communication among various agencies, organizations the City (including City Council, Mayor, Boards and Commissions, staff) and citizens. RFQ 2 also refers to develop new messaging avenues to inform the public about ways they can communicate with the City. She summarized in her view the second RFQ was just written differently, she actually liked the second RFQ better. Councilmember Bloom pointed out the actual RFQ does not mention City Council until the last paragraph of the RFQ where it states, In carrying out these tasks the contractor will work directly with the Economic Development Director, Economic Development Program Coordinator, and the Arts & Culture Manager. In addition the contractor will be expected to work with representatives of other organizations including the Chamber of Commerce, Business Improvement District, Downtown Edmonds Merchants Association (DEMA), Edmonds Center for the Arts, and the Port of Edmonds in order to understand other marketing strategies in the community. This and other tasks will require the contractor to be on site in Edmonds on a weekly basis. Councilmember Bloom expressed concern with this paragraph because it does not include the EDC or the City Council and all the organizations are focused in the bowl except for the ECA. Councilmember Peterson pointed out the Chamber is not focused in the bowl. Councilmember Bloom said the Chamber’s membership is bowl-centric. Councilmember Fraley-Monillas expressed support for moving forward, acknowledging Councilmember Bloom has brought up some great issues for the Council to be aware of. 9. REPORT ON OUTSIDE BOARD AND COMMITTEE MEETINGS Packet Page 10 of 199 Councilmember Peterson reported on the Lake Ballinger Watershed Forum, the Water Resources Development Act Bill passed U.S. Congress. The Lake Ballinger Forum has been working with the federal delegation to get local decision-making capabilities especially with the Army Corp of Engineers to make it easier to move forward on smaller project that will be needed in this watershed such as McAleer Creek, Lyons Creek, etc. and other areas that affect flooding throughout the watershed. This will have a positive effect on Edmonds as well as stormwater issues throughout Shoreline and Lake Forest Park. Councilmember Petso reported the Public Facilities District Board meeting was postponed and will be held this Thursday. The Historic Preservation Commission’s (HPC) calendar concept is very exciting and is underway. The HPC is considering a property for addition to the historic registry. Councilmember Fraley-Monillas reported on Puget Sound Regional Council’s (PSRC) General Assembly that she and Councilmembers Bloom and Mesaros attended. The biggest message she took from the meeting was cities need to more aggressively lobby the legislature about issues that affecting cities and the Puget Sound corridor. Governor Inslee also presented several awards to cities. Councilmember Mesaros reported the message at the PSRC general assembly was transportation, transportation, transportation. Transportation is an issue in the Puget Sound region effecting cities in a variety of ways and the legislature plays an important role in resolving those issues. Councilmember Mesaros reported Seashore meets on June 6 and the SnoCom Board meets on June 12. Councilmember Bloom reported public comment at the Tree Board related to trees in the right-of-way near homes and problems they cause such as lifting driveways and possible dangers as well as the property owner’s versus the City’s responsibility and authority with regard to those trees. The Tree Board has been working on code related to trees in the right-of-way. Councilmember Bloom reported the April 28 Port of Edmonds meeting included a report from Jan Conner, the property manager, that a potential tenant looked at their restaurant space but decided to locate at Salish Crossing at a higher rate due to that space’s close proximity to a future art gallery and other activities. The May 12 Port meeting included discussion regarding the public launch, redoing the festoon tracking system, Hart Crowser tenant improvements, and the HVAC system in building 1, and approval of a contract to redesign the Port’s website. Commissioner Gouge stated the Port’s representative to the EDC is no longer a voting member and he questioned the value of the Port spending $100 per meeting to send a representative to each of the meetings. He did not expect any significant benefits to the downtown waterfront area. Commissioner Orvis concurred and suggested Commissioners discuss the issue with Commissioner Faires who is the current representative to the EDC. Councilmember Bloom reported she did not hear the outcome of that discussion as she was unable to attend the Port’s next meeting on Tuesday, June 3. Council President Pro Tem Johnson applauded the work of the Arts Commission; they are involved in a number of interesting projects. One of the projects will be launched on the 3rd Thursday in June, a historic walk utilizing 13 bronze plaques installed in a loop around the 4th Avenue Arts Corridor and downtown. There will be a ribbon cutting ceremony in future. Mayor Pro Tem Buckshnis reported Snohomish County Tomorrow approved their annual budget and work plan. There were presentations from the Sustainable Land Strategy regarding agriculture, flood plains and tribes; Everett’s Comprehensive Plan update and their aggressive GMA targets; and PSRC grants. She recognized Mukilteo who has received $12 million from a variety sources to fully fund their ferry terminal. Packet Page 11 of 199 Mayor Pro Tem Buckshnis reported Woodway joined WRIA 8. WRIA 8 approved their work plan and budget and the Cooperative Watershed Management funding project grant recommendations. 10. MAYOR'S COMMENTS Mayor Pro Tem Buckshnis announced the City’s Strategic Action Plan received the Merit Award in the Governor’s 2014 Smart Communities Aware Program. 11. COUNCIL COMMENTS Council President Pro Tem Johnson thanked everyone who attended the Rotary Waterfront Festival with special thanks to the Boy Scouts for their help with recycling and the Waste Warrior for their help with food cycling. SeaJazz also performed at the Waterfront Festival. Councilmember Mesaros reported he met with Parks & Recreation Director Carrie Hite to begin the process of establishing an organizing committee for a potential parks foundation. They brainstormed names of people who could serve on the committee, plans for forming such an organization, etc. He encouraged the Council to forward him or Ms. Hite the names of anyone they thought would be interested in serving on the committee. Councilmember Mesaros reported the Edmonds-Woodway Jazz Band will be playing at Jazz Alley on June 9. Councilmember Fraley-Monillas recognized the Beach Rangers who conducted beach walks for families and children on the beach during low tides on Friday and Saturday. 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 14. ADJOURN With no further business, the Council meeting was adjourned at 8:10 p.m. Packet Page 12 of 199    AM-6912     4. B.              City Council Committee Meetings Meeting Date:06/10/2014 Time:Consent   Submitted By:Carrie Hite Department:Parks and Recreation Committee: Type: Action Information Subject Title Adoption of Police Collective Bargaining Agreement for 2014-2017 Recommendation Council approve the CBA for 2014-2017, and authorize the Mayor to sign this collective bargaining agreement Previous Council Action In executive sessions only Narrative After 8 months of negotiations, the City and Police union have reached an agreement for a 3 year contract, Jan 1, 2014 - December 31, 2016. Attachments Police CBA Redline Police CBA clean version Form Review Inbox Reviewed By Date City Clerk Scott Passey 06/05/2014 11:08 AM Mayor Dave Earling 06/05/2014 12:48 PM Finalize for Agenda Scott Passey 06/05/2014 02:00 PM Form Started By: Carrie Hite Started On: 06/05/2014 09:09 AM Final Approval Date: 06/05/2014  Packet Page 13 of 199 AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) JANUARY 1, 20124 THROUGH DECEMBER 31, 20136 Packet Page 14 of 199 TABLE OF CONTENTS ARTICLE I RECOGNITION, ASSOCIATION MEMBERSHIP & PAYROLL DEDUCTION- PAGE 3 ARTICLE II GENDER - PAGE 4 ARTICLE III ASSOCIATION RIGHTS- PAGE 4 ARTICLE IV HOURS OF WORK, OVERTIME AND CALLBACK- PAGE 5 ARTICLE V PROBATIONARY PERIODS, SENIORITY- PAGE 108 ARTICLE VI WAGES - PAGE 10 (also see Appendix “A”) 9 ARTICLE VII HOLIDAYS - PAGE 119 ARTICLE VIII VACATIONS - PAGE 120 ARTICLE IX LEAVES - PAGE 113 ARTICLE X INSURANCE - PAGE 164 ARTICLE XI UNIFORMS AND EQUIPMENT - PAGE 186 ARTICLE XII MISCELLANEOUS - PAGE 2018 ARTICLE XIII NO STRIKE PROVISION - PAGE 2219 ARTICLE XIV DISCHARGE OR SUSPENSION - PAGE 2219 ARTICLE XV GRIEVANCE PROCEDURE - PAGE 2319 ARTICLE XVI SAVINGS CLAUSE- PAGE 251 ARTICLE XVII DURATION - PAGE 251 ARTICLE XVIII ENTIRE AGREEMENT- PAGE 252 ARTICLE XIX PROBATIONARY PERIODS - PAGE 22 APPENDIX “A” - PAGE 273 APPENDIX “B” - PAGE 3429 APPENDIX “B-1” - PAGE 4136 APPENDIX “C” - PAGE 4237 APPENDIX “D” - PAGE 450 APPENDIX “E” –PAGE 47 Formatted: Left: 0.75", Right: 0.75", Top: 1", Bottom: 1" Formatted: Font: Not Bold Comment [A1]: Need to correct page numbers, etc. when complete with whole contract Packet Page 15 of 199 AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION JANUARY 1, 20142 THROUGH DECEMBER 31, 20163 (Representing the Law Enforcement Commissioned Employees) THIS AGREEMENT is by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. ARTICLE I. RECOGNITION, ASSOCIATION MEMBERSHIP & PAYROLL DEDUCTION 1.1 Recognition – The Employer recognizes the Association as the sole collective bargaining representative for all fully commissioned law enforcement officers of the City of Edmonds, Washington Police Department excluding the Chief of Police, Assistant Police Chiefs, Secretary to the Chief of Police, Supervisors, confidential employees and all other employees of the Employer. 1.2 Association Membership – It shall be a condition of employment that all Employees of the Employer covered by this Agreement who are members of the Association in good standing on the effective date of this Agreement shall remain members in good standing or pay an agency fee and those who are not members on the effective date of this Agreement shall, on the thirty-first (31st) day following the effective date of this Agreement, become and remain members in good standing in the Association or pay an agency fee. It shall also be a condition of employment that all Employees covered by this Agreement hired on or after its effective date shall, on the thirty- first (31st) day following the beginning of such employment, become and remain members in good standing in the Association or pay an agency fee. 1.2.1 In accordance with RCW 41.56.122 Employees covered by this Agreement who for bona fide religious tenets or teachings of a church or religious body are forbidden from joining a Union/Association shall contribute an amount equivalent to regular Union/Association dues to a non-religious charity or to another charitable organization mutually agreed upon by the affected Employee and the Association to which such Employee would otherwise pay the regular monthly dues. If the Employee and Association are unable to agree, the Public Employment Relations Commission (PERC) shall designate the charity. The Employee shall furnish written proof to the Association and the Employer that such payment has been made. Packet Page 16 of 199 1.2.2 Temporary Employees shall work under the terms of this Agreement, but shall be required to pay an Association service fee equivalent to regular monthly dues for an Entry Level Officer. 1.3 Payroll Deduct – The Employer shall deduct from the pay of all Employees covered by this Agreement the dues of the Association and shall remit to said Association all such deductions monthly, except that all deductions for the above items must be uniform and regular to accommodate the monthly machine processed payroll. Where laws require written authorization by the Employee, the same shall be furnished in the form required. No deduction shall be made which is prohibited by applicable law. The Association shall indemnify, defend and hold the Employer harmless against any claims made and against any suit instituted against the Employer on account of any check-off of dues for the Association. The Association shall refund to the Employer any amounts paid to it in error on account of the check-off provision upon presentation of proper evidence thereof. ARTICLE II. GENDER 2.1 Wherever the words Employee or Employees are used in this Agreement, they are intended and shall be construed so as to apply equally to either gender. ARTICLE III. ASSOCIATION RIGHTS 3.1 Association Officials Time-Off – An Association Official who is an Employee in the Bargaining Unit (Association Board Officer, Negotiation Team Member and/or Shop Steward as appropriate to the specific activity) shall be granted a reasonable amount of release time if on duty while actually conducting contract negotiations, contract administration or discipline representation with the Employer on behalf of the Employees in the Bargaining Unit or actually engaged in preparatory meetings for said activities with the Employee. This does not include research and other preparation activities not specifically enumerated and provided: o They notify the Employer at least forty-eight (48) hours prior to the time-off, o The Employer is able to properly staff the Employee’s job duties during the time- off, o And the wage cost to the Employer is no greater than the cost that would have been incurred had the Association Official not taken time-off. When Association activities, as enumerated above, must be scheduled during an Association Official’s off duty hours, adjustments shall be made to the Official’s regular schedule on an hour for hour (straight time) basis. Additionally, the Employer shall allow up to an aggregate of nine (9) work days per year of aggregate leave to allow one (1) delegate from the Edmonds Police Association (EPOA) to attend each meeting of the Washington State Council of Police (WACOPS) provided that time spent in such endeavors shall not be considered compensable time within the meaning of the FLSA and; provided that such delegates pay all of their own expenses in attending the above meetings. Packet Page 17 of 199 3.2 Association Investigation and Visitation Privileges – The Labor Representative of the Association, with the permission of the Department Head or designee, may visit the work location of Employees at any reasonable time and location for the purpose of investigating Grievances. Such Representative shall limit activities during such investigations to matters relating to this Agreement; provided however, the Labor Representative shall not interfere with the operation or normal routine of any department. 3.3 Bulletin Boards – The Employer shall provide suitable space for a bulletin board to be used exclusively by the Association. 3.4 Use of Equipment – Bargaining Unit Officials may make occasional but limited use of City owned/operated communication resources (telephone, facsimile, voice mail, electronic mail, copier, computer) for communications; specifically, incidental or minimal use is permitted. Incidental or minimal use is that which is both brief in duration and accumulation and does not interfere with or impact the conduct of official City business due to volume, frequency or impedes Employee’s performance of their official duties. In no event will the Association use the City communications resources for internal Association business beyond that permitted for minimal use or for any political use. The Association will supply one (1) box/case of paper of a similar type and quality as used by the City on an annual basis to the City. ARTICLE IV. HOURS OF WORK, OVERTIME AND CALLBACK 4.1 The workweek shall be comprised of three (3) or more consecutive days ON duty and two (2) or more consecutive days OFF duty. The sum total of time worked shall not exceed forty (40) hours per week based on an annual average. Officers assigned to patrol shall continue with the existing four-ten and one-half (4-10.5) hour day schedule. Commencing January 1, 2006 Officers assigned to patrol will work a four (4) days ON and four (4) days OFF (4/4), twelve (12) hour schedule. Specific shift configurations (to include shift hours and days on/days off rotation) shall be as agreed between the Employer and the Association. FLSA 7(k) work period is mutually agreed to be twenty eight (28) days except for patrol working twelve (12) hour shifts shall be twenty four (24) days. 4.1.1 A workday shall normally include the following based on shift hours: Shifts of 8 hours: One (1) thirty (30) minute meal period Two (2) fifteen (15) minute rest periods Shifts of 10 hours: One (1) forty- five (45) minute meal period Two (2) fifteen (15) minute rest periods Shifts of 10 hours 30 minutes: One (1) forty five (45) minute meal period Two (2) fifteen (15) minute rest periods Shifts of 12 hours: One (1) forty-five (45) minute meal period Three (3) fifteen (15) minute rest periods Packet Page 18 of 199 All Employees shall be subject to immediate call during meal and rest periods for which no overtime or additional compensation shall be paid. An Employee recalled to work from a meal or rest period shall be entitled to an additional rest period. 4.1.2 Scheduling of K-9 Officers – K-9 Officers will be scheduled on a forty (40) hour per week basis utilizing a four (4) day per week, ten (10) hour per day schedule. 4.2 Overtime – Overtime shall be that time worked in excess of the scheduled hours of work which shall be compensated at the rate of one and one-half (1.5) times the Employee’s regular straight time hourly rate of pay. 4.2.1 Call Back –The Employee is considered to be on paid status upon being ordered back to work (i.e. notification of a call out) and off paid status when leaving the police facility or other Employer designated work site. In the case of pre-scheduled meetings, court appearances and other scheduled events, paid status commences at the time scheduled for the event and ends when the event is over but at no time less than the three (3) hour minimum as described later in this Section. Employees ordered to report back to duty after going home after their regular shift, or ordered to report back to work on their day off, including time required to be spent in court, either as a witness or in assistance on another officer’s case, or in attendance at department meetings shall be guaranteed three (3) hours at the rate of one and one-half (1.5) times the Employee’s regular straight time hourly rate of pay. In the event an Employee is not notified by 12:00 noon forty eight (48) hours prior to a scheduled or subpoenaed Court appearance on a regularly scheduled day off that such an appearance is not necessary, the Employee shall receive be guaranteed two and one-half (2.5) hours at the Employee’s regular straight time hourly rate of pay. If the employee is assigned to graveyard, and the Court appearance is scheduled during their work week, they will be notified before the end of their shift prior to the Court appearance. Employees ordered to report back to work on a prescheduled day off (Kelly day, compensatory time, holiday time, or vacation day) shall be provided additional compensation of straight time compensatory time or straight time overtime equivalent to 50% of the hours worked on that day. As an example, an employee has a prescheduled 12 hour vacation day and gets called in to work. The employee works 6 hours. The employee would utilize 6 hours vacation time on that day, and would be paid 6 hours regular time, plus would receive an additional 3 hours straight time comp time or straight time paid time for being called in. 4.2.2 All approved overtime shall be compensated in increments of fifteen (15) minutes with the major portion of fifteen (15) minutes being paid as fifteen (15) minutes. 4.2.3 However, if an employee is on vacation, and regardless of the shift needing to be covered, and absent being called back to duty involuntarily, no overtime shall be earned. If an employee choses to voluntarily cover a shift during previously scheduled vacation, those hours worked will be credited back to that employee’s vacation hour bank. Should the employee voluntarily work an overtime shift that falls on what would be a regularly scheduled day off, Formatted: Indent: Left: 0" Formatted: Highlight Formatted: Not Highlight Formatted: Font: Bold Formatted: Indent: First line: 0" Formatted: Font: Not Italic Packet Page 19 of 199 even if in-between scheduled vacation days, then the employee will be compensated in accordance with section 4.2. 4.3 Shift Bid - The The policy of bidding for shift assignments on a seniority basis by rank shall be recognized, provided seniority may be disregarded for good cause by the Employer. Shift bids for the following year open on or about September 1 and close on or about October 1 and shall be open for thirty (30) days. Sergeants and Corporals will bid for 0600-1800 and 1800-0600 shift hours. Officers will bid for 0600-1800 and 1800-0600 shift hours. In addition, officers may also bid for 0700-1900 and 1900-0700, with two officer slots from each of the four (4) patrol squads being dedicated to these hours. The implementation of the 0700-1900 and 1900-0700 shifts will be for an initial trial period of six (6) months, beginning September 1, 2014, after which the City or the Association can elect to discontinue the shift, or with mutual agreement, further modify the shift for an additional six (6) month trial period. If neither party does so, the shift will become permanent. Employees shall be notified of the result of the bid on or about October 15. For the purpose of this Section “on or about” shall mean not to exceed three (3) days. Bid results may be subject to change due to events such as promotion, specialty assignment rotation, resignation or other good cause. Sergeants and Corporals will bid for 0600-1800 and 1800-0600 shift hours. Officers will bid for 0600-1800 and 1800-0600 shift hours. In addition, officers may also bid for 0700-1900 and 1900-0700, with two officer slots from each of the four (4) patrol squads being dedicated to these hours. The implementation of the 0700-1900 and 1900-0700 shifts will be for an initial trial period of six (6) months, after which the City or the Association can elect to discontinue the shift, or with mutual agreement, further modify the shift for an additional six (6) month trial period. If neither party does so, the shift will become permanent. Any Employer initiated change to an Employee’s previously assigned bid shift will require fourteen (14) day prior notification to the Employee. Any change to an Employee’s previously assigned bid shift with less than fourteen-day (14) days notice will result in the Employee receiving compensation at the rate of one and one-half (1.5) times the Employee’s regular straight time hourly rate of pay from the date of the change through the fourteenth (14th) day. The fourteen (14) day notification and the one and one half (1.5) times regular straight time hourly rate of pay requirement may be waived by the Association on behalf of the Employee. The fourteen (14) day notification request will not apply in the case of a bonafide emergency or other good cause. 4.3.1 There will normally be only one Corporal assigned per patrol shift, and shift bidding will be by seniority. If, however, there are more Corporals assigned to the Patrol Division than there are shifts, the “extra” Corporal shall bid for shift based on seniority. 4.4 Training Formatted: Not Highlight Formatted: Font: Not Italic Formatted: Indent: First line: 0" Formatted: Not Highlight Packet Page 20 of 199 4.4.1 Required Training – Required training done on a regular duty day shall be done on a basis of shift adjustment whenever possible. Off-duty required training shall be paid with compensatory time-off at the time and one-half (1.5) rate, subject to Article IV. 4.4.12 Non-Required Training – Shall be allowed at the sole discretion of the Employer. Any time accrued in furtherance of non-required training shall be paid at the straight-time hourly rate of pay, but with the concurrence of both the Employer and Employee, it may be accrued at the hourly rate with compensatory time-off on an hour-for-hour basis, subject to Article IV. 4.4.23 Training While On-Duty - If scheduled training occurs while on duty and consists of eight (8) hours or more; the hours of training shall constitute an entire workday, regardless of the Employee’s hours of duty. WWhile attending training on duty and the hours of instruction are less than eight (8) hours due to circumstances such as the instructor releasing the class early from training, the Employee has the option of returning to work or using leave time of their choice to fulfill their training obligations. Scenarios: Employee attends training that is scheduled for eight (8) hours or more. The training ends early, afterpossibly in seven (7) hours. HThe Employee must use “leave time” of their choice to complete an eight (8) hour period. An Employee attends training that is scheduled for less than eight (8) hours. The Employee shall return to duty to complete their obligation to their obligated shift hours of duty. 4.44.5 The utilization of any compensatory time accrued shall be at the Employee’s option; provided, however, that the scheduling of holiday time accrued pursuant to Article VII and the compensatory time off under this Article shall create no undue hardship to the Employer nor shall it interfere with previously scheduled vacations An undue hardship is defined as the City being required to pay more than one employee overtime to allow for time off to be granted and still maintain minimum staffing levels. . 4.4.14.5.1 Requests to schedule compensatory or holiday time shall be made not less than fourteen (14) days in advance of the requested date, provided, however, that compensatory time may be scheduled with less than fourteen-day (14) days notice only when the request would not require the Employer to call another Employee to work in order to meet minimum staffing requirements, provided further that an Employee requesting compensatory time with less than fourteen-day (14) days notice shall be allowed the time off if the Employee arranges for a volunteer replacement. Whether the substitute Employee works at the request of the Employer or at the request of another Employee, overtime will be paid. Accumulation of compensatory time Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Indent: First line: 0.5" Formatted: Not Highlight Formatted: Font: Not Italic Packet Page 21 of 199 shall be limited to a maximum accrual of sixty fiveeighty (6580) hours at any one time. Any hours accrued in excess of the maximum shall be paid to the Employee at the next regularly scheduled pay period. 4.4.24.5.2 Probationary employees may accrue compensatory time pursuant to terms of this agreement, provided however such accrued compensatory time may only be utilized when the employee is no longer in probationary status 4.4.3 4.5.3 For the purposes of this Section only, The following formula willshall address “minimum staffing” as it relates for to Employees’ to be able ability to be approved for time off. For the purposes of this Section only, the following formula will address “minimum staffing” as it relates for Employees to be able to be approved for time off. Staffing minimums may be increased during Special events (I.e. July 4th, Taste of Edmonds etc.), when the Employer specifies at least fourteen (14) days in advance. Between 0600 and 1800 hours a Supervisor plus three (3) Officers (total of four-4) not including Officers/Employees assigned to Specialty Units with the exception of K-9 Between 1800 and 0600 hours, a Supervisor plus four (4) Officers (total of five-5) not including Officers/Employees assigned to Specialty Units with the exception of K-9. (MOU 3-1-06) In an effort for consistency the following wouldshall apply for implementing time off requests: o Employees wouldshall contact their shift Supervisor if available. In the event that their shift Supervisor is not available then the Employee would contact the “on-duty” shift Supervisor. o On-duty Supervisor wouldill check the payroll sheet and determine if staffing minimums allow for the time off request to be approved. o If approved, the on-duty Supervisor shall document the time off request on the Payroll sheet and Turn-over sheet. o In addition, the on-duty Supervisor wouldshall send an e-mail to “all” Sergeants and Corporals to provide for proper communication of the staffing change. It will be the responsibility of the Employee to provide as much notification as possible. Requests submitted less than eight (8) hours prior to the start of a shift, may be denied by a Supervisor. While actually at work an Employee will be granted requested time off during that shift if minimum staffing levels are met as described above and there are no critical incidents that would require additional staffing at that time. Formatted: Not Highlight Formatted: Not Highlight Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Indent: Left: 0.5", First line: 0" Formatted: Indent: First line: 0" Formatted: Font: (Default) Times New Roman Packet Page 22 of 199 Staffing minimums will may shall be increased during Special events (i.e. July 4th, Taste of Edmonds, etc.), when the Employer specifies at least fourteen (14) days in advance. July 4th and the Taste of Edmonds by one (1) officer, and without requiring any overtime coverage to meet those minimums. 4.56 In order to emulate an average of 2080 hours worked on an annual basis, Employee’s assigned to any given number of shift hour patrol schedules, will receive the appropriate number of “Kelly” days per year. It is the understanding of the parties that the contract work schedules are FLSA compliant. The term “Kelly” days or time is used for convenience and is not an indication that adjustments are required within the work period to avoid FLSA overtime thresholds. “Kelly” days will be accrued in a bank of hours. o Shifts of 10 hours 30 minutes (10.5) hours in duration receive two (2) “Kelly” days totaling a bank of twenty (20) hours. o Effective January 1, 2006, sShifts of twelve (12) hour duration receive twelve (12) “Kelly” days totaling a bank of one hundred forty four (144) hours in athe bank. a) Forty eight (48) hours per trimester will be credited to the bank. b) On a pro rata basis this will equate to twelve (12) hours per month. c) Employees shall use thirty six (36) hours per trimester or shall be subject to forfeit those hours not used. d) Twelve (12) hours may be carried over each trimester. e) Up to thirty six (36) hours may be cashed out annually. On or before December 1st of each calendar year (effective in year 2006), all unused and unscheduled “Kelly” hours, up to and including thirty six (36) hours shall be repurchased by the Employer at the Employee’s regular straight time hourly rate of pay. This repurchase will be in the form of a separate check, and separate from the Holiday repurchase, and not direct deposit. Employees are responsible for monitoring their “Kelly” hour balances and planning use of “Kelly” hours to avoid “use it or lose it” scenarios. Any hours in excess of thirty six (36) shall be scheduled by the Employee prior to October 31st of each calendar year. ARTICLE V. PROBATIONARY PERIODS, SENIORITY 5.1 Probationary periods upon initial appointment shall not exceed one (1) year beyond graduation from the Basic Law Enforcement Academy except as provided in Section 10.5 of the Civil Service Rules and Regulations. Probationary periods for lLateral hHires and those receiving Promotions shall not exceed one (1) year except as provided in Section 10.5 of the Civil Service Commission Rules and Regulations. Any probationary period shall be extended automatically for the number of work days equal to the number of work days an Employee was absent in excess of ten (10) work days during the probationary period. In the event that the Employer requests the Civil Service Commission to extend an Employee’s probation period, the Association will receive a copy of the notification provided to the Employee of said action. Packet Page 23 of 199 5.5.12 “Seniority” as used in this Agreement shall accrue from an Employee’s seniority date which shall be the Employee’s first date of eligibility with the fully commissioned law enforcement employees bargaining unit, provided that Employees who return from layoff or period of disability, as provided in the Civil Service Rules and Regulations, shall retain the seniority held prior to the layoff or period of disability. In the event of promotion out of the bargaining unit, or demotion or reversion back into the bargaining unit, the employee will retain their original seniority held prior to leaving the bargaining unit. 5.12.1 In the event an Employee returns following a break in service, the Employee shall retain the seniority the Employee had accrued prior to the break in service. A break in service occurs when an Employee’s employment relationship ends. No seniority shall accrue while an individual is on a reemployment Civil Service list. Seniority includes time spent in any leave status, including leaves without pay. 5.12.2 “Seniority by rank” as used in this Agreement shall accrue from the effective date of promotion to the Employee’s current rank. 5.23 The Employer shall provide the Association with a list of all current Employees of the Bargaining Unit with their respective seniority dates on July 1st of each year and shall post a copy of same on the Association bulletin board. 5.34 Preference in vacation scheduling and extra days off shall be administered in accordance with seniority as provided in Section 8.2 below. 5.45 An Employee shall lose all seniority in the event of discharge or voluntary termination. ARTICLE VI. WAGES 6.1 The classification of work and the corresponding rates of pay covered by this Agreement shall be as set forth in APPENDIX “A” which by this reference shall be incorporated herein as if set forth in full. ARTICLE VII. HOLIDAYS 7.1 The following days shall be consideredrecognized holidays: New Year’s Day January 1 Martin Luther King Day Third Monday of January Washington’s Birthday Third Monday of February Memorial Day Last Monday of May Independence Day July 4 Labor Day First Monday of September Veteran’s Day November 11 Thanksgiving Day Fourth Thursday of November Friday following Thanksgiving Day Christmas Eve December 24 Formatted: Indent: Left: 0.5" Packet Page 24 of 199 Christmas Day December 25 7.1.1 All Employees shall be paid for all such holidays regardless upon which day in the week the holiday shall fall. Each day consists of ten (10) hours. This pay shall be in the form of a holiday bank equal to one hundred and ten (110) hours. If any work is performed by such Employee on such holiday, additional compensation at the overtime rate shall be paid, in addition to the day off at a later date. If overtime is worked on a holiday, straight time comp time equivalent to the number of overtime hours worked will also be given in addition to applicable overtime. No Employee shall be called to work on such a holiday for less than a minimum call- out time and rate. Employees scheduled to work Monday through Friday 8 hour days, Monday through Thursday 10 hour days, or Tuesday through Friday 10 hour days shall observe holidays which fall upon a Saturday on the proceeding scheduled Friday workday and any holidays which fall upon a Sunday on the following scheduled Monday workday. If a holiday occurs during an Employee’s vacation, the Employee shall receive the holiday on a later mutually scheduled date. 7.2 Holidays shall be scheduled in accordance with the provisions of Section 4.45.1. 7.3 On or before December 1st of each calendar year (effective in year 2006), all unused and unscheduled “Holiday” hours, up to and including eighty eight (88) hours shall be repurchased by the Employer at the Employee’s regular straight time hourly rate of pay. This repurchase will be in the form of a separate check, ( separate from the Kelly hours repurchase and not direct deposit). Employees are responsible for monitoring their “Holiday” hour balances and planning use of “Holiday” hours to avoid “use it or lose it” scenarios. Any hours in excess of eighty eight (88) shall be scheduled by the Employee prior to October 31st of each calendar year. Any scheduled but remaining unused holiday hours still in the employee’s bank on December 31 of each year shall be forfeited without any additional compensation. However, if the employer requires an employee to cancel a prescheduled holiday off during November or December, upon written approval of the Division’s Assistant Chief, the holiday may be carried over to be used within 60 days of the new calendar year. ARTICLE VIII. VACATIONS 8.1 All regular full-time Employees shall receive vacation with full pay annually in accordance with the following: YEARS OF EMPLOYMENT HOURS OF VACATION After First 6 months 48 hours Second 6 months 40 hours additional 2 through 4 years 96 hours 5 through 10 years 136 hours 11 through 19 15 years 176 hours 16 through 19 years 188 hours 20 through 24 years 200 hours 25 years and thereafter 216 hours Note: All accrual days are based on an eight (8) hour day. Formatted: Indent: First line: 0" Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Packet Page 25 of 199 8.2 In order to make provisions for timely vacation schedules, all Employees shall bid for vacations. Preference in bidding for vacation scheduling and extra days off shall be administered in accordance with seniority, as defined in Section 5.12. Employees who request a position transfer may be subject to losing their previously bid for vacationtime. Vacation bidding for the January through December shall open on or about October 15 and close on November 15 and shall be open for thirty (30) days. Notification will be provided on or about December 1. Additionally, a “mini-bid” shall be held during the first two (2) weeks of each trimester, as per past practice. For the remainder of each work period, scheduling shall be first come first served. For the purpose of this Section, “on or about” shall mean not to exceed three (3) days. Vacation requests made following the annual vacation bid approval will be on a first come first served basis for the remainder of the bid year. Vacation bidding after December 1 will be on a first come first server basis for the remainder of the year. 8.3 Should an Employee terminate employment, having completed no less than six (6) months employment, the Employee shall receive pro rata vacation pay. 8.4 The maximum vacation leave carry-over from one calendar year to the next shall be limited to two (2) years’ worth of accumulated leave at the Employee’s current accrual rate. An Employee who has reached the maximum accrual level may continue to accrue vacation until December 31st, at which time any vacation accrued in addition to the maximum carry-over will be forfeited, provided that the maximum accrual subject to cash-out upon separation shall be four hundred and thirty two (432) hours, provided further that this limitation shall not apply when the separation is caused by unanticipated events such as death, disability, illness, involuntary discharge or similar circumstances. Employees are responsible for monitoring their vacation balances and planning vacation to avoid “use it or lose it” scenarios. Where the Employee has failed to appropriately manage their vacation balances, the Employer need not incur overtime to avoid forfeiture. 8.5 In the event scheduling in Superior Court necessitates the appearance of an Employee during the Employee’s previously scheduled vacation time that Employee shall be offered the opportunity of rescheduling vacation at a time mutually convenient to the Employee and the Employer as determined by the Chief of Police. Once vacation has been approved and the affected Employee has incurred non-refundable or unusable expenses in planning for the same, the Employee shall be reimbursed by the City for those expenses. Upon request, the Employee shall assign any tickets or other benefits to the City for which reimbursement is made. Any Employee called back to duty for any reason once the vacation has begun shall be reimbursed for round trip transportation costs involved in returning for duty. Reimbursement for travel shall be made on the same basis as the original mode of transportation. If applicable, mileage shall be paid at the approved IRS rate. For the purposes of this Section “vacation” shall include leave of absence, Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Packet Page 26 of 199 bereavement leave or compensatory time off, including regularly scheduled days off, immediately preceding or following any of the aforementioned time off. ARTICLE IX. LEAVES 9.1 Sick Leave – All LEOFF II Employees shall receive sick leave accruals under Section 9.1.6, including a one thousand (1,000) hour maximum accrual, accrued at the rate of eightnine (9) (8) hours per month. Effective May 1, 2005 Employees accrual rate will increase to nine (9) hours per month. Sick leave accrued but not taken from one (1) hour to four hundred (400) hours shall be converted to pay at the Employee’s regular rate of pay in effect at the date of termination and on the basis of the following schedule: With two (2) week notice - Honorable voluntary quit - 25% of hours accrued. Termination by City layoff - 25% of hours accrued. Termination for Retirement - 50% of hours accrued. Sick leave accrued but not taken from four hundred one (401) hours to eight hundred (800) hours shall be converted to pay, upon honorable termination of any nature, for fifty percent (50%) of hours accrued at the Employee’s regular rate of pay in effect at the date of termination. At the Employee’s option, sick leave accrued but not taken from four hundred one (401) hours to eight hundred (800) hours may be converted to vacation time, on the basis of one (1) hour for every two (2) hours accrued or fifty percent (50%), to be used prior to the Employee’s termination date. Hours accrued from eight hundred one (801) hours to one thousand (1,000) hours are not eligible for compensation or conversion. After the employee exceeds 900 hours they have the ability to convert the hours (back to a minimum of 900 hours) at a ratio of one (1) hour for every two (2) hours accrued or fifty percent (50%). The maximum sick hours an employee can sell back is 48 hours, which will convert to 24 hours of vacation. The reversionconversion will occur at the second paycheck in January. The converted hours will be added to the employee’s vacation bank. For example an employee at 1000 hours could sell back 48 hours and place 24 hours into their vacation bank. Employees who terminate based on a disability may elect to either receive one hundred percent (100%) of the unused sick leave balance or remain in a paidy status until the sick leave is exhausted. For the purposes of this section 9.1, retirement, in addition to it’sits usual meaning, shall include those employees with twenty (20) or more years’ service credit within the LEOFF II system who choose to end employment with the City on a voluntary, honorable basis, even though the Employee has not yet attained regular retirement age, as defined by LEOFF. 9.1.1 Accrued sick leave may be used only for: (a) The Employee’s own illness, injury or disability (including disability due to pregnancy or childbirth); (b) The need to care for a child under eighteen (18) years of age (or an adult child incapable of self careself-care) with a health condition requiring treatment or supervision; Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0" Packet Page 27 of 199 (c) The need to care for the Employee’s spouse or domestic partner, parent, parent in-law or grandparent with a serious health condition or emergency condition; (d) Medical or dental appointments for the Employee or a dependent child,; provided that unless otherwise approved, Employees must use a minimum of one (1) hour of sick leave for any such appointments and further provided that Employees must make reasonable efforts to schedule such appointments at times when they will not interfere with scheduled work days and; (e) Other circumstances if authorized by the Chief of Police. At their election, Employees may use other accrued paid leave in place of or in addition to sick leave for any of the purposes described above. 9.1.2 Item (e) shall be subject to prior approval of the Chief of Police and shall be granted for the period of time required to meet the emergent situation considering all the circumstances such as distances involved, degree or kinship, etc. 9.1.3 The certificate of a doctor and/or written report concerning the need for the sick leave may be required by the Employer when an Employee is absent for a period in excess of four (4) days or based upon an individualized suspicion of sick leave abuse and, if so required, shall be supplied by the Employee in order to qualify for sick leave with pay. 9.1.4 Sick leave may be used for medical, dental, or ocular appointments, when absence during working hours for this purpose is authorized in advance by the Department HeadEmployee’s supervisor, provided that the Employee must make a reasonable effort to schedule such appointments at times which have the least interference with the workday. In any instance involving use of a fraction of a day’s sick leave, the minimum charge to the Employee’s sick leave account shall be one (1) hour. 9.1.5 In the event of death of the Employee, payment for all unused sick leave up to eight hundred (800)one thousand ( 1000 ) hours shall be made to the surviving spouse or domestic partner or to the employee’s estate if there is no spouse, at the Employee’s regular straight time hourly rate of pay. 9.1.6 All Employees hired will accrue sick leave at the rate of nine (9) hours per month commencing with the date of hire. In the event of significant job related injury or illness to the Employee which is approved as a claim by Washington State Labor and Industries (L & I), the Employee may at the Employee’s option be placed on sick leave, and accrued sick leave (or if insufficient sick leave, then other paid leave) shall be utilized. In turn, the Employee shall sign over all payments received from L & I that relate to time loss from the Employer. The Employer will provide a sick leave supplement / “buy-back” for the affected Employee pursuant to RCW Title 41 LEOFF Supplement and pursuant to the buy-back worksheet incorporated herein as Appendix D. 9.2 Jury Leave – Necessary leave shall be allowed by the Employer to permit any Employee to report for jury duty or to serve as a member of a jury. The Employee shall receive from the Formatted: Indent: First line: 0.25" Formatted: Indent: Left: 1" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Packet Page 28 of 199 Employer as compensation during this leave period regular salary. The Employee shall sign over to the Employer compensation received from the Courts for jury duty and remain on full paid status. 9.3 Bereavement Leave – In the event of a death in the “immediate family” of an Employee, the dDepartment hHead shall upon request grant the Employee bereavement leave with pay. The maximum number of workdays granted shall be three (3); provided however, in the event of unusual circumstances or if travel is required to attend a funeral, additional time not to exceed three (3) days may be granted. Such additional leave shall be deducted from the Employee’s sick leave account. The term “immediate family” shall include: o Spouse or domestic partner and children, including step children of the EmEmployee; o Mother, Father, Brother, Sister of the Employee or spouse; o Grandparents of the Employee or spouse; o Grandchildren 9.4 Leaves of Absence – If approved by the Employer, non-probationary (permanent) Employees may take up to six (6) months leave of absence without pay. Such leaves shall not constitute a break in service but no benefits shall accrue during the leave of absence. See guidance in section 5.1 regarding Break in Service and Seniority. 9.5 Sick Leave Incentive Bonus – Unless otherwise specified in the labor agreement, Employees who maintain a good attendance record shall be eligible for the following Sick Leave Incentive Plan.; Days of Sick Leave Used during the Year Hours of Vacation Leave Earned 0 24 1 16 2 8 3 or more 0 This Sick Leave Incentive Plan excludes sick leave used for on duty injury involving an approved L & I claim against the City or leave taken pursuant to Family Medical Leave Act (FMLA). The hours earned and used will be pro-rated to the nearest full hour. For the purposes of this section, day is defined as a work day under the Employee’s present work schedule. 9.6 Light-Duty – In the event a LEOFF II Employee suffers an illness or injury that prevents the Employee from performing their full range of duties for a period in excess of two (2) weeks, light-duty shall be assigned as authorized by the treating doctor pursuant to the terms outlined in Article 9.6.3. 9.6.1 Work Assignments – Light-duty status shall include work assignments within the Police Department that the Employee is released to perform by the Employee’s treating doctor until a full release for return to work is authorized. 9.6.2 Rate of Pay/Required Duty – Employees assigned light-duty status shall be paid at one hundred percent (100%) of their normal rate of pay. Employees shall work a forty (40) hour workweek schedule as determined by the Employer. Employees may work less Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1.5", First line: 0" Formatted: Indent: First line: 0" Formatted: Font: Not Bold Formatted: Indent: Left: 0.5" Packet Page 29 of 199 than 40 hours per week (including partial days) if so ordered by the treating doctor. A forty (40) hour or less schedule includes changes to benefit calculations such as Kelly Hours. 9.6.3 Requested DutyDuration – A LEOFF II Employee with a favorable prognosis for return to full duty by the treating doctor will be assigned light-duty for a maximum period of three hundred thirty six (336) hours unless the Employee is earlier able to resume a full range of duties. The three hundred thirty six (336) hour period includes both full days and partial days on a prorated basis when required by the treating doctor. Such period may be extended upon mutual written agreement of the Employer and the Association on behalf of the Employee when the medical prognosis of the Employee being able to return to full Employment within a reasonable period of time is received by the Employer. 9.6.4 Medical Reinstatement List & Effective Life of List - Names on Civil Service Commission’s (CSC) Medical Reinstatement List for a class of Employee shall be in order of separation to be established by the Commission. Names of Employees on the Medical Reinstatement List shall be carried two (2) years from the Employee’s last date of employment. ARTICLE X. INSURANCE 10.1 Coverage – The Employer shall make available to eligible regular full time Employees and their eligible spouses and dependents, an insurance program that includes medical, dental, vision insurance and employee assistance plan (EAP) benefit. For the purposes of this article, spouse also includes “registered domestic partner” as defined under Washington state law. This insurance program includes the following: Medical Insurance - Employees may choose between the following medical plans; Association of Washington Cities (“AWC”) Health First or AWC Group Health Plan. Effective January 1, 2013 the Employee willshall choose between the Medical insurance plans offered by the City of Edmonds in accordance with the provisions of this Agreement.United Health Care PPO or the AWC $10 Co-pay Group Health plan. Dental Insurance - Dental insurance is provided through the AWC Washington Dental Service Plan F with Option III (Orthodontia). Vision Insurance - Vision insurance is provided through AWC Vision Service Plan ($10.00 deductible). EAP Plan - The Employee Assistance Program is provided through AWCUHC. 10.2 The Employer shall pay the costs necessary to provide health, vision, life, dental and disability insurance plans specified in this agreement for all employees in the bargaining unit. The selection of a different/new provider shall be at the sole discretion of the Employer, provided that the benefit levels shall be substantially the same as those benefit levels in effect as of the signing of this agreement. In the event that the Employer receives notice of the termination of any plan specified in this agreement, the Employer will promptly notify the Association and the parties shall commence negotiation regarding replacement coverage and cost. The parties mutually recognize that the partiesy have less than a complete satisfaction with the current health plan offerings. They have discussed potential alternative coverage but that work Formatted: Indent: Left: 0.5" Packet Page 30 of 199 has not yet been completed. The Association and its members, despite their dissatisfaction with the current provider, have a strong interest in ensuring that good coverage remains in effect. To do this, the parties recognize a mutual interest in surveying other possible plan offerings and they are unable to complete this process in time for the execution of thise 2014-2016 CBA. So, to accommodate these interests, the parties agree that the City will continue its efforts to identify alternative carriers and/or plans. In the event the City locates a carrier and/or plan that can provide coverage equal to or better than the current level of coverage, the City is allowed to present that information to the Association and, subject to the explicit requirement that the alternative plan would be as a whole equal to or better than the current plan, the parties would reopen the contract in the Fall of 2014 to discuss implementation of the alternative coverage to begin in 2015. This reopener would only be triggered by the identification and presentation of such a similar or better plan and no reopener would be triggered in the event the plan were as a whole of a reduced nature. Furthermore, the scope of the reopener would only be to discuss the plan specifications, implementation and other related topics; the reopener would in no way involve the current respective employer/employee premium contributions, which would remain as identified in this Article for the balance of the CBA. 10.3 The Employer shall pay one hundred percent (100%) of those premiums necessary to maintain the existing level of hospital and medical care, dental care, orthodontic care, vision care, life and disability insurance coverage for each Employee. The Employer shall pay ninety percent (90%) of those premiums necessary to maintain the existing level of hospital, medical care, dental care, and orthodontic care insurance coverage for each Employee’s Dependents. 10.3.1 The Employer shall pay ninety percent (90%) of those premiums necessary to maintain the existing level of vision care insurance coverage for each Employee who requires Dependent coverage. 10.4 Liability – The Employer shall pay one hundred percent (100%) of those premiums necessary to provide liability insurance for each Employee. The Employer shall provide legal counsel or reasonable attorney’s fees for representation and defense of lawsuits and to hold Employees harmless from any expenses connected with the defense, settlement or monetary judgments from such actions, claims, or proceedings arising out of or incident to acts and/or omissions occurring while the Employee was acting in good faith in the performance or purported failure of performance of official duties or employment and provided further that the Employee was not engaging in criminal or malicious misconduct. A criminal conviction shall be deemed conclusive but not exclusive proof of criminal misconduct for the purposes of this section. If the City elects to pay reasonable attorney’s fees hereunder, no claim for such payment may be made by an Employee prior to the conclusion of a criminal lawsuit. 10.5 If it is permissible under the Employer provided hospital and medical care insurance plan, Employees shall have the option to divert Dependent coverage applicable to that Employee to the Employee’s own private health plan. Formatted: Indent: First line: 0" Packet Page 31 of 199 ARTICLE XI. UNIFORMS AND EQUIPMENT 11.1 The Employer shall provide the following uniform items to new Employees and replace any of the following uniform items of any Employee which in the reasonable opinion of the Employer require replacement, subject to the language of Section 11.3: Name Tags: 2One metal, requisite number of sewn on cloth name tags depending on types/numbers of uniforms selected by the employee. Shirts;: Up to three long sleeve 3and three short sleeve Shirts; short sleeve 3 Trousers: Up to three 3 pair o Name Tags: One metal, requisite number of sewn on cloth name tags depending on types/numbers of uniforms selected by Employee; o Shirts: Up to three long sleeve and three short sleeve; o Trousers: Up to three pair; o Trousers Belt: One 1; o Jumpsuits: Up to two, with the provisounderstanding that each jumpsuit purchased by the Employer will be in lieu of the following three items collectively: one short sleeve shirt, one long sleeve shirt and one pair of trousers;. o Hat: 1One; o Baseball Cap: 1One (provided upon employee’s request;) o Knit Watch Cap: One 1 (provided upon employee’s request;) o Turtlenecks: One 2 (provided upon employee’s request;) o Ties: 2One for Employee opting for Employer provided jumpsuit, two for other Employees;. o Tie Bar: 1One; o Buttons: One 3 set;s o Department Insignia: 2One pair; o Shoulder Patches: Number dependent upon types/numbers of uniforms selected by Employee;. 7 pair o Badges: Two 2 (1 hat, 1 uniformone each for hat and uniform); o Shoes or boots: One 1 pair; o Collapsible or Wooden Baton with Holder: One 1 (designated by Employer); o Gortex Jacket: 1One; o Gortex Pants: 1One; Additional items for K-9 oOfficers: o Jumpsuits- three ( 3); o Boots 2 pair; o Cap 1; o Insulated vest (K-9 only) 1; Additional items for mMotorcycle oOfficers: o Helmets- two (2); o Boots 2 pair consisting of one pair leather boots and one pair all-weather boots; o Leather Jacket 1; o Rain Suit (Jacket, pants, boots) 1; Formatted: Indent: Hanging: 0.5" Formatted: Bulleted + Level: 1 + Aligned at: 1.25" + Indent at: 1.5" Formatted: Bulleted + Level: 1 + Aligned at: 0.75" + Indent at: 1" Formatted: Bulleted + Level: 1 + Aligned at: 0.75" + Indent at: 1" Formatted: Indent: Left: 0", First line: 0.5" Formatted: Bulleted + Level: 1 + Aligned at: 0.75" + Indent at: 1" Formatted: Underline Formatted: Indent: Left: 0.25", First line: 0.5" Formatted: Underline Formatted: Bulleted + Level: 1 + Aligned at: 0.75" + Indent at: 1" Formatted: Underline Formatted: Indent: Left: 0.25", First line: 0.5" Formatted: Underline Formatted: Underline Formatted: Font: Bold, Underline Formatted: Bulleted + Level: 1 + Aligned at: 0.75" + Indent at: 1" Packet Page 32 of 199 o Cap 1; o Breeches 3; o Insulated Pants 1; o Scarves (Blue or White) 2; o Gloves (light and medium weight) 1 pair each; o Safety Glasses (dark and clear) 1 pair each; o Jumpsuit 1; o Ear Plugs 1; Additional items for Street Crimes oOfficers: Subdued uniform items consisting of; o Pants 2 pair o Shirts 3 o Jacket 1 o Chain badge holder 1 The Employer is responsible for procurement of new jumpsuits. Any jumpsuits previously purchased by an Employee at the Employee’s expense will be owned by the Employee, not subject to reimbursement by the Employer. However, an Employee may utilize the City contracted dry cleaning services for a privately owned jumpsuit. It is understood, and agreed to by the parties, that each Employee shall maintain a minimum of one (1) Class A (long sleeve) Uniform as part of his/her issued uniform items. 11.2 The Employer shall provide each “Detective and Administrative assigned Employee” a clothing allowance in the amount of seven hundred dollars ($700.00) per calendar year. This amount shall cover the purchase of clothing. Employees who are initially assigned to plain clothes duty during the year shall be paid the full annual amount at the start of the assignment. An Employee receiving the full annual amount “up-front” will not be eligible to receive any further clothing allowance until completion of the first year of assignment. If an employee elects to leave the assignment within the first year the employee shall repay the clothing allowance on a pro rata basis at the time of reassignment. Professional/Plain clothes Employees are subject to the provisions of Section 11.2.1, 11.5 and 11.6 below. All payments will be a separate check or direct deposit. 11.2.1 In an effort to clarify garments covered by this Section, only items used during employment will be covered. Dry Cleaning/Laundry Service will be provided based on a weekly average as follows: e.g. o Four (4) items Dry Cleaned or,; o Two (2) items Dry Cleaned and four (4) items Laundered. 11.3 Employees shall be furnished the required weapon, handcuffs, leather goods and other equipment authorized and required. Employees may choose to furnish their own weapon provided it meets Formatted: Underline Formatted: Indent: First line: 0.5" Formatted: Underline Formatted: Bulleted + Level: 1 + Aligned at: 0.75" + Indent at: 1" Formatted: Indent: Left: 0.5" Packet Page 33 of 199 the requirements of the Department and the Employer has no responsibility for replacement or repairs in the event of loss or damage. 11.4 The Employer shall provide contract dry cleaning service at no cost to Employees for the cleaning care and maintenance of uniform items listed above. Each uniformed Employee shall be allowed to have two sets of shirts and trousers cleaned per work period. Additional cleaning and maintenance for uniform items shall be as authorized by the Employer. 11.4.1 Employee’s assigned to plain clothes assignments that receive clothing allowances under Section 11.2 may have uniforms (not to exceed two sets per work period) cleaned following City sponsored/assigned details that required the use of a uniform. 11.5 The Employee shall be held accountable for all uniform items and all other equipment so assigned to the Employee by the Employer. Loss or destruction of items of clothing or protective devices shall be replaced by the Employer where said loss was incurred as direct result of the performance of the Employee while on the job, or as the result of an occurrence not due to the Employee’s wrongful act or willful negligence. Any uniform items or equipment assigned to an Employee which is lost or mutilated or requires replacement as a direct result of the Employee’s wrongful act or willful negligence shall be replaced at the Employee’s expense from a supplier designated by the Employer. 11.6 All uniform items and equipment issued by the Employer to each Employee shall be the property of the Employer. 11.7 No clothing allowance that remains in effect shall accrue during any period in excess of thirty (30) days in which the Employee is on approved disability, and if previously paid it shall be refunded by the Employee through payroll deduction on a pro rata basis. ARTICLE XII. MISCELLANEOUS 12.1 Driver’s License Checks – While operating City of Edmonds vehicles, all Employees must have a valid Washington State Driver’s License in their possession at all times. This is required for compliance with state law and is also required by the City’s insurance carrier. No less frequently than on an annual basis, the City will enter the Employee’s Washington State Driver’s License number into the publicly accessed Washington State Department of Licensing webpage to check driver license status. 12.1.1: Employees who operate City of Edmonds vehicles shall immediately notify their respective Assistant Chief through proper chain of command any time the employee’s drivers license for any reason becomes suspended, revoked or is in any way not valid or current. Employees shall not resume operation of any City vehicle until a valid, current drivers license is presented to their respective Assistant Chief. Formatted: Indent: First line: 0" Formatted: No underline Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Font: Not Bold, No underline Formatted: Font: Bold Formatted: Indent: Left: 0.5" Formatted: Font: Not Bold, No underline Packet Page 34 of 199 12.1 Required Training – Required training done on a regular duty day shall be done on a basis of shift adjustment whenever possible. Off-duty required training shall be paid with compensatory time- off at the time and one-half (1.5) rate, subject to Article IV. 12.1.1 Non-Required Training – Shall be allowed at the sole discretion of the Employer. Any time accrued in furtherance of non-required training shall be paid at the straight-time hourly rate of pay, but with the concurrence of both the Employer and Employee, it may be accrued at the hourly rate with compensatory time-off on an hour-for-hour basis, subject to Article IV. 12.1.2 Training While On-Duty - If scheduled training occurs while on duty and consists of eight (8) hours or more; the hours of training shall constitute an entire workday, regardless of the Employee’s hours of duty. While attending training on duty and the hours of instruction are less than eight (8) hours due to circumstances such as the instructor releasing the class early from training, the Employee has the option of returning to work or using leave time of their choice to fulfill their training obligations. Scenarios: o Employee attends training that is scheduled for eight (8) hours or more. The training ends early, possibly in seven (7) hours. He Employee must use “leave time” of their choice to complete an eight (8) hour period. o An Employee attends training that is scheduled for less than eight (8) hours. The Employee shall return to duty to complete their obligation to their obligated shift hours of duty. 12.2 Auto Vehicle Locator (AVL): - When the Edmonds Police Department begins using Auto Vehicle Locator ( AVL) technology in its vehicles which are operated by Edmonds Police Department membersemployees, the City agrees that it will not review and use AVL data with the intent of generating any complaints or internal investigations against an Edmonds Police Department memberemployee. AVL data may be used as corroborating evidence to prove or disprove allegations of misconduct made against an Edmonds Police Department memberemployee. The City shall not rely solely on AVL data to sustain any allegation. Corroborating evidence is evidence which strengthens, adds to or confirms already existing evidence. AVL data shall not be used to monitor or evaluate an Edmonds Police Department employee’smember’s performance without precipitating cause. AVL data will be used to enhance officer safety and efficiency and is not intended to replace effective first-level supervisory practices, including knowledge of subordinates’ activities on shift. AVL data shall not be used solely as a personnel management tool.is not intended to replace effective first-level supervisory practices, including knowledge of subordinates’ activities on shift. 12.2.1: In the case of Edmonds Police Department membersemployees having assigned take home vehicles, the City shall comply with RCW 42.56.250 and must redact all identifiable information from a records request for AVL data that would disclose a member’s residential location and/or address. Formatted: Underline Formatted: Underline Formatted: Font: Not Bold Formatted: Font: Bold Packet Page 35 of 199 12.3 Narcotic’s Detective Selection: - Employees seeking assignment as a Narcotics Detective with the South Snohomish County Narcotics Task Force or any successor organizational uUnit or tTask fForce shall have a credit check performed by the Employer subsequent to the final selection but prior to such assignementassignment. The purpose of the credit check is to review any outstanding debt/creditors that may place the Employee in the position of being unduly influenced or intimidated. In performing such check, the Employer will specifically seek information on indebtedness outside of usual, customary and timely paid obligations ( usual and customary include mortgage, auto loans, credit cards). 12.3.1: Should the Employee dispute any information of concern on the credit report, the Employee may contest this information within ten business days from the date of any questionable credit report information that was presented to the Employee by the Employer. 12.3.2: Following the review of the credit report by the Employer, the report will be ginven to the Employee for retention or destruction. The report will not serve as the basis for further investigation, nor will the information therein be used as a basis for disciplinary action. No copies of the Employee’s credit report shall be retained by the City, South Snohomish County Narcotics Task Force or any succeeding Multijurisdictional Unit or Task Force. This process is voluntary for those Employees seeking this specific assignment. Should the Employee not be desirous of having the Employer conduct a credit check, the Employee will be allowed to withdraw from the selection process without prejudice. 12.24 Bill of Rights – Employees covered by this Agreement shall be entitled to those Rights specified in the attached Officers Bill of Rights, APPENDIX “B”, which by this reference is incorporated herein as if set forth in full. 12.35 Management Rights – The Association recognizes the prerogative of the Employer to operate and manage its affairs in all respects in accordance with its responsibilities and the powers and authority which the Employer possesses. 12.35.1 The Association recognizes the exclusive right of the Employer to establish reasonable work rules. Provided, that nothing in this Section shall be construed as a waiver of any Rights the Association may have pursuant to RCW 41.56. 12.35.2 The Employer has the Right to schedule overtime work as required in a manner most advantageous to the Employer and consistent with the requirements of municipal employment and the public interest and to require pre-approval for any overtime worked when possible. 12.35.3 Every incidental duty connected with operations enumerated in job descriptions is not always specifically described. Nevertheless, it is intended that all such duties shall be performed by the Employee. 12.35.4 The Employer reserves the Right to discipline or discharge for cause. The Employer reserves the Right to lay-off for lack of work or funds or the occurrence of conditions beyond the control of the Employer or where such continuation of work would be wasteful and Formatted: Font: Bold Formatted: Font: Bold, Underline Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Not Bold Packet Page 36 of 199 unproductive. The Employer shall have the Right to determine reasonable schedules of work, work standards and to establish the methods and processes by which such work is performed. 12.35.5 The Employer retains the Right to determine which work assignments may be assigned take home vehicles except as currently being allowed which are K-9, SRO and Motorcycle Employees. The use of a take home vehicle may be discontinued for good cause. No take home vehicle will be assigned to any Employee who resides or subsequently moves beyond a radius of twenty (20) miles from the nearest City limits. All fees or tolls (ferry, parking etc.) associated with a take home vehicle, other than approved business expenses are the responsibility of the Employee. Motorcycles that are allowed to be taken home shall be secured inside an adequate structure at the Employees residence. 12.35-.6 Definitions – “Days” when used in this contract shall refer to “calendar days” unless otherwise specified. 12.7 - The parties agree that the 2012 version of the City’s Personnel Policies will apply to EPOA membership, with the exception of the following sections: Section 10.6. Regarding Personal Possessions and Electronic Communications; Section 10.14 regarding Substance Abuse; and Appendix B regarding Drug and Alcohol Testing Policies and Procedures. These sections willshall remain unchanged from the 2002 version of the City’s Personnel Policies as they relateapply to the EPOA membership through the term of this Agreement. 12.7.1 City of Edmonds Personnel Policies 2002 version; Section 10.6 regarding Personal Possessions and Electronic Communications; Section 10.14 regarding Substance Abuse and Appendix B of the 2002 City of Edmonds Personnel Policies are incorporated herein by reference, attached as APPENDIX “E” of this Agreement. ARTICLE XIII. NO STRIKE PROVISION 13.1 Nothing contained in this Agreement shall permit or be construed to grant any Employee or group of Employees the Right to strike or refuse to perform their prescribed duties. 13.2 During the life of this Agreement there shall be no strikes or refusal to perform official duties and there shall be no lockout. ARTICLE XIV. DISCHARGE OR SUSPENSION 14.1 Generally – The tenure of Employees covered by this Agreement shall be only during good behavior and any such person may be removed or discharged, suspended without pay, demoted or reduced in rank or deprived of vacation privileges or other special privileges for cause. Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman, 12 pt Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Times New Roman, 12 pt Formatted: No Spacing, Left Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: No underline Packet Page 37 of 199 14.2 Physical Fitness – The Employer and the Association agree that satisfactory performance of Police Department duties requires that Employees maintain physical fitness. Each Employee shall maintain a level of physical fitness to adequately perform the essential functions of their job. ARTICLE XV. GRIEVANCE PROCEDURE 15.1 A Grievance shall be defined as an issue relating to the interpretation, application or violation of any terms or provisions of this Agreement. An Employee may either “Grieve” discipline or “Appeal” said discipline to the Civil Service Commission (CSC), provided that a Grievance shall not be processed if any Employee has previously filed a Civil Service Appeal over the same matter and provided further, that the subsequent filing of a Civil Service Appeal shall operate to withdraw a Grievance, previously filed over the same matter. 15.1.1 When an Employee has a Grievance it shall immediately be brought to the attention of the immediate Supervisor and the Employee and Supervisor shall attempt to settle the Grievance. If the Grievance cannot be settled, the Employee shall state the Grievance in writing and present it to the Supervisor in accordance with the procedure set forth below. 15.1.2 An Employee and/or the Association may bring a Grievance at the appropriate step : o within thirty (30) days of the occurrence of an alleged Violation, or o within thirty (30) days, of when the Employee and/or Association, by reasonable diligence, should have known of the occurrence of said Violation, provided that no remedy may be applied retroactively more than sixty (60) days prior to the actual filing of the Grievance. 15.1.3 The immediate Supervisor shall make every effort to resolve the Grievance: o within twenty (20) days. Failure of the immediate Supervisor to resolve the Grievance: o within the twenty (20) day period, shall permit the Employee and/or Association the Right to submit a written demand: o within twenty (20) days, of the Supervisor’s answer for resolution of the alleged Violation to the Chief of Police or designee. The Chief or designee shall either schedule a meeting with the Association to discuss the Grievance or respond to the Grievance: o within twenty (20) days. If a meeting is scheduled, the Chief or designee shall be granted: o an additional twenty (20) days, from the date of the meeting to respond. Formatted: Indent: First line: 0" Formatted: Indent: First line: 0" Formatted: Indent: Left: 1", No bullets or numbering Packet Page 38 of 199 15.1.4 Failure of the Chief of Police to resolve the Grievance (involving only issues that have a monetary penalty proposed), within the time lines outlined in Section 15.1.3, shall permit the Employee and/or Association the Right to submit a written demand: o within twenty (20) days, of the Chief’s answer for resolution of the alleged Violation to the Mayor or designee. The Mayor or designee shall either schedule a meeting with the Association to discuss the Grievance or respond to the Grievance: o within twenty (20) days. If a meeting is scheduled, the Mayor or designee shall be granted: o an additional twenty (20) days, from the date of the meeting to respond. 15.1.5 If the Association is not satisfied with the City’s response, it may submit a demand for Arbitration to the Employer in writing within thirty (30) days. 15.1.6 The Employer and the Association shall immediately thereafter select an Arbitrator to hear the dispute. If the Employer and the Association are not able to agree upon an Arbitrator within ten (10) days, after receipt by the Employer of the written demand for arbitration, the Association may request a list of seven (7) Arbitrators from the Federal Mediation and Conciliation Service. After receipt of same, the parties shall alternately strike the names of the Arbitrators until only one name remains who shall, upon hearing the dispute, render a decision which shall be final and binding upon all parties. The party to strike first shall be determined by a flip of a coin. 15.2 Nothing herein shall prevent an Employee from seeking assistance from the Association or the Association from furnishing such assistance at any stage of the Grievance procedure. 15.3 The expenses of the Arbitrator and the cost of any Hearing Room shall be borne equally by the parties. In all instances, attorney’s fees shall be the responsibility of each individual party. 15.4 If either party fails to take the action required within the times provided herein, the party failing to act shall forfeit its Right to further protest the Grievance, denial of the Grievance or interim recommended solution provided that the time frames enumerated herein may be extended with the mutual written agreement of the parties. 15.5 Matters within the Jurisdiction of the Civil Service Commission (CSC) shall not be subject to this Grievance procedure unless they are covered by the specific terms and conditions of this Agreement, provided nothing herein constitutes a waiver of the Association’s Right to bargain pursuant to RCW 41.56. Formatted: Indent: First line: 0" Formatted: Indent: First line: 0" Packet Page 39 of 199 15.5.1 By mutual agreement between the Association representative and the Mayor’s Office or when that step is the lowest level at which a matter may be resolved, an Employee or the Association may initiate a Grievance at the Chief’s level. ARTICLE XVI. SAVINGS CLAUSE 16.1 All provisions of this Agreement shall be complied with unless any of such provisions shall be declared invalid or inoperative by a court of competent jurisdiction. In such event either party may request re-negotiations of such invalid provisions for the purpose of adequate and lawful replacement thereof, provided however, that such finding shall have no effect whatsoever on the balance of this Agreement. ARTICLE XVII. DURATION 17.1 This Agreement shall be effective January 1, 20124, and shall remain in full force through December 31, 201376. ARTICLE XVIII. ENTIRE AGREEMENT 18.1 The parties agree that each has had full and unrestricted Right and opportunity to make, advance, and discuss all matters properly within the province of collective bargaining. The above and foregoing Agreement constitutes the full and complete Agreement of the parties and there are no others, oral or written, except as contained herein. Each party for the term of this Agreement specifically waives the Right to demand or to petition for changes herein or additions hereto. ARTICLE XIX. PROBATIONARY PERIODS 19.1 Probationary periods upon initial appointment shall not exceed one (1) year beyond graduation from the Basic Law Enforcement Academy except as provided in Section 10.5 of the Civil Service Rules and Regulations. Probationary periods for Lateral Hires and those receiving Promotions shall not exceed one (1) year except as provided in Section 10.5 of the Civil Service Commission Rules and Regulations. Any probationary period shall be extended automatically for the number of work days equal to the number of work days an Employee was absent in excess of ten (10) work days during the probationary period. In the event that the Employer requests the Civil Service Commission to extend an Employee’s probation period, the Association will receive a copy of the notification provided to the Employee of said action. CITY OF EDMONDS, WASHINGTON EDMONDS POLICE OFFICERS ASSOCIATION BY: ____________________________ BY: _______________________________ DATE: __________________________ DATE: _____________________________ Packet Page 40 of 199 ATTEST BY: ____________________________ City Clerk DATE: __________________________ Packet Page 41 of 199 APPENDIX “A” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. A.1 Effective January 1, 20124, the wage scale shall be increased across-the-board by 1.52%. The position of Corporal will be paid at a step fixed at seven and one half percent (7.5%) above First Class Police Officer. The position of Sergeant will be paid at a step fixed at fifteen percent (15%) above First Class Police Officer. Probationary Corporal and Sergeant will be paid 2.5% below top step.Unless otherwise noted, all steps in Section A.1.1 shall be a one year duration. A.1.1 All Employees shall participate in Employer’s payroll “direct deposit” program. PAY GRADE CLASSIFICATION MONTHLY RATES OF PAY STEP A II1 00 – 06 Months STEP B III2 07 Months + NE 9 SECOND CLASS POLICE OFFICERSecond Class Police Officer $4,693883 $45,862058 STEP A1 IIN/A STEP B2 0- 6monthsIII STEP C3 IV STEP 4D STEP 5V STEP 6E VI NE 11 FIRST CLASS POLICE OFFICERFirst Class Police Officer $5,288 $5,5025,463 $5,6838 $5,918 $56,207966 $6,520267 STEP 1A I STEP 2B II NE 12 POLICE CORPORAL $6,846568 $67,009737 STEP 1A I STEP 2B II NE 13 POLICE SERGEANT $7,360026 $7,498206 Formatted: Indent: First line: 0" Formatted: Left Formatted Table Formatted: Underline Formatted: Underline Formatted: Underline Formatted: Underline Formatted: Left Packet Page 42 of 199 Packet Page 43 of 199 A.1.21 Effective January 1, 20135, the wage scale shall be increased across-the-board by 2.05%. A.1.3 Effective January 1, 2016, the wage scale shall be increased across -the -board by 2.5% A.2 Longevity Pay – An Employee shall receive in addition to their monthly rate of pay set forth within Section A.1, monthly Longevity Pay in accordance with the following. SENIORITY MONTHLY LONGEVITY PAY After 5 years 2% of Employee’s monthly rate of pay After 10 yea rs 4% of Employee’s monthly rate of pay After 15 years 6% of Employee’s monthly rate of pay A.3 Physical Fitness Pay – Any Second Class Police Officer who has completed the twelve (12) month probation period, and any other Employee who fulfills the Physical Fitness Standards set forth within APPENDIX “C” shall receive in addition to their monthly rate of pay set forth within Section A.1, as further amended by Section A.12 and all subsequent wage increases, a monthly Physical Fitness Pay equal to one and one-half percent (1.5%) of the above referenced monthly rate of pay, provided the Chief of Police has discretion to waive the testing requirements as he deems appropriate. With the exception of injuries incurred while on-duty, any Officer who is unable to participate in the annual Physical Fitness testing process for medical reasons exceeding ninety (90) days duration beyond the last scheduled primary testing date will be deemed ineligible to collect the Physical Fitness Pay for the next calendar year. Each Employee injured while on duty is entitled to one year’s compensation per individual injury with a doctor’s written waiver. A.4 Education Pay – Any First Class Police Officer or Employee of a higher classification shall receive in addition to their monthly rate of pay set forth within Section A.1, as further amended by Section A.12 and all subsequent wage increases, monthly Education Pay in accordance with the following: JOB RELATED COLLEGE CREDITS MONTHLY EDUCATION PAY AA degree or 90 credits 2% of Employee’s monthly rate of pay 135 credits 4% of Employee’s monthly rate of pay BA degree 6% of Employee’s monthly rate of pay A.4.1 Job related college credits shall mean all credits accepted by a nationally accredited college or university. A.5 Specialty Assignments A.5.1 Detective Assignment – Each Detective position, with the exception of the Narcotics Sergeant (which is governed by a Inter local agreement), shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment, for up to six (6) months, for good cause and based on department need. Commencing January 1, 2005, tThe Chief of Police may designate one (1) Detective position for every two (2) assigned Detective positions, excluding Detective Sergeants and the Narcotics Detective, as having an “indeterminate rotation” period to provide for a core of experienced Detectives in assignments such as Crimes Against Persons, Sexual Assault, Intelligence and/or Computer crimes. After a minimum of five (5) years, the Formatted: Font: Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: First line: 0" Packet Page 44 of 199 incumbents in the designated positions will be reviewed annually for extension based on overall performance and department need criteria. The designated positions are not considered permanent assignments and are subject to rotation at the discretion of the Chief of Police at the end of each annual review. In the absence of extenuating circumstances, or promotion, candidates will be expected to serve a minimum of three (3) years in the assignment before voluntarily leaving. At the conclusion of any full five (5) year rotation cycle, the currently assigned Detective may re-apply for the position, with the understanding that they will receive no special preference in the selection process. The Chief of Police will make all Detective selections based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. All Detective positions shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. If the currently assigned Detective in a five (5) year rotation position is selected, that person will have a two (2) year full rotation cycle. Unless, the incumbent is the sole applicant pursuant to the selection process, and whereby the Chief of Police desires to reappoint the incumbent to the same position, said rotation cycle shall be five years in duration. An Employee who is regularly assigned duties as a Detective shall receive a four percent (4.0%) pay incentive while so acting in such capacity. However, in recognition of the use of an assigned Employer or governmental vehicle, any Detective assigned to the South Snohomish County Narcotics Task Force or to the Joint Terrorism Task Force shall receive a three percent (3%) pay incentive. A.65.2 Motorcycle Assignment – Each Motorcycle position shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment, for up to six (6) months, for good cause and based on department need. Commencing January 1, 2005 tThe Chief of Police may designate a maximum of one (1) Motorcycle position for every two (2) assigned Motorcycle positions to be classified as having an “indeterminate rotation” period to provide for a Criminal Justice Training Commission (CJTC) certified or sanctioned Motorcycle Instructor and/or Collision Reconstructionist. After a minimum of five (5) years, the incumbent in the designated position will be reviewed annually for extension based on overall performance and department need criteria. The designated position is not considered a permanent assignment and is subject to rotation at the discretion of the Chief of Police at the end of each annual review. In the absence of extenuating circumstances, or promotion, candidates will be expected to serve a minimum of three (3) years in the assignment before voluntarily leaving. At the conclusion of any full five (5) year rotation cycle, the currently assigned Motorcycle Officer may re-apply for the position, with the understanding that they will receive no special preference in the selection process. The Chief of Police will make the selection based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. All Motorcycle positions shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. If the currently assigned Motorcycle Officer in a five (5) year rotation position is selected, that person will have a two (2) year full rotation cycle. Unless, the incumbent is the sole applicant pursuant to the selection process, and whereby the Chief of Police Formatted: Indent: First line: 0" Packet Page 45 of 199 desires to reappoint the incumbent to the same position, said rotation cycle shall be five years in duration. An Employee who is regularly assigned Motorcycle duties shall receive a three percent (3.0%) pay incentive while so acting in such capacity. An Employee that is trained to the level of Collision Reconstructionist will be considered a Traffic Detective and shall receive four percent (4%) pay incentive while acting in such capacity. . A.65.13 Traffic Officer Car Assignment Each Traffic Officer assigned to a car position shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment, for up to six (6) months, for good cause and based on the department need. Commencing January 1, 2006, tThe Chief of Police may designate a maximum of one (1) Traffic Officer position to be classified as having an “indeterminate rotation” period to provide for a Collision Reconstructionist or Drug Recognition Expert (DRE). After a minimum of five (5) years, the incumbent in the designated position will be reviewed annually for extension based on overall performance and department need criteria. The designated position is not considered a permanent assignment and is subject to rotation at the discretion of the Chief of Police or designee at the end of each annual review. At the conclusion of any full five (5) year rotation cycle, the currently assigned Traffic Officer may re-apply for the position, with the understanding that they will receive no special preference in the selection process. The Chief of Police will make the selection based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. All Traffic Officer positions shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. If the currently assigned Traffic Officer in a five (5) year rotation position is selected, that person will have a two (2) year full rotation cycle. Unless, the incumbent is the sole applicant pursuant to the selection process, and whereby the Chief of Police desires to reappoint the incumbent to the same position, said rotation cycle shall be five years in duration. An Employee who is regularly assigned Traffic Officer duties shall receive a three percent (3%) pay incentive while so acting in such capacity. An Employee that is trained to the level of Collision Reconstructionist will be considered a Traffic Detective and shall receive four percent (4%) pay incentive while acting in such capacity.. A.75.4 K-9 Officer Assignment - Each K-9 Officer position shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment to include the length of the dogs working life, or for up to six (6) months for other good cause and based on department need. In the absence of extenuating circumstances, or promotion, candidates will be expected to serve a minimum of three (3) years in the assignment before voluntarily leaving. At the conclusion of any full rotation cycle, the currently assigned K-9 Officer may re-apply for the position, with the understanding that they will receive no special preference in the selection process. The Chief of Police will make the selection based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. The K-9 Officer position shall be, at the Formatted: Indent: First line: 0" Formatted: Indent: First line: 0" Packet Page 46 of 199 origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. An Employee who is regularly assigned K-9 Officer duties shall receive a three percent (3.0%) pay incentive while so acting in such capacity. The K-9 Officer shall also receive fifteen (15) hours compensatory time per calendar month, at straight time, while so acting in such capacity. A.75.15 Any Employee who is regularly assigned as; a o Professional Standards Sergeant Assignment o Administrative Sergeant Assignment o Training Corporal Assignment shall receive a four percent (4.0%) pay incentive while acting in such capacity. The above noted positions shall be on a five (5) year rotation cycle under the same terms as noted in A.5 pertaining to five (5) year rotational positions only. Any Employee who is regularly assigned as a Street Crimes Sergeant or Street Crimes Officer Assignment shall receive a four percent (4.0%) pay incentive while acting in such capacity.) A.75.26 Special Operations Sergeant – A Special Operations Sergeant (Spec Ops Sgt) will be assigned as a uniform position, in Field Services Division, shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment, for up to six (6) months, for good cause and based on the department need. At the conclusion of any full five (5) year rotation cycle, the currently assigned Special Operations Sergeant may re-apply for the position with the understanding that they will receive no special preference in the selection process. The Chief of Police will make the selection based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. All Special Operations Sergeant positions shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. If the currently assigned Special Operations Sergeant in a five (5) year rotation position is selected, that person will have a two (2) year full rotation cycle. Unless, the incumbent is the sole applicant pursuant to the selection process, and whereby the Chief of Police desires to reappoint the incumbent to the same position, said rotation cycle shall be five years in duration. An Employee who is regularly assigned Special Operations Sergeant duties shall receive a three percent (3%) pay incentive while so acting in such capacity. An Employee that is trained to the level of Collision Reconstructionist will be considered a Traffic Detective Sergeant and willwill receive a total of 4% pay incentive while so acting in such capacity.. NOTE regarding specialty assignment incentive pay: The parties agree that specialty positions receiving a 3% incentive under this agreement are positions that are either on Formatted: Indent: Left: 0.5" Formatted: Indent: First line: 0" Packet Page 47 of 199 12 hour shifts OR have assigned vehicles. Those positions receiving a 4% incentive are positions that are on a 40 hour work week and do not have assigned vehicles. A.7.35.7 For the purposes of term of assignment for personnel assigned to specialty positions herein and who are receiving incentive pay for such assignment, the parties agree that when an incumbent is the sole applicant for the same assignment upon completion of either a five year term of service, or an additional two year term of service, the new rotation cycle will be for a five year period, subject to reappointment by the Chief of Police. A.57.84 Street Crimes Unit - Each Street Crimes position (Sergeant or Officer) shall be on a three year rotation except that the Chief of Police may extend any assignment for up to six months for good cause and based on Department need, or in the case of initial assignment to the Unit, said term of rotation for an officer position is agreed to be three years plus an additional six months to provide for overlap transition of personnel within the Unit. At the conclusion of any full three year rotation cycle (or in the case of a staggered appointment, an original three year plus six months rotation cycle), the currently assigned Street Crimes Sergeant or Street Crimes Officer may re- apply for the position, with the understanding that they will receive no special preference in the selection process; that the Chief of Police will make the selection based upon the employees applying for the position and their attributes, including consideration of the career development needs of the individual and the organization. If the currently assigned Street Crimes Sergeant or Street Crimes Officer in a three year (or three years plus six months) rotation position is selected, that person will have a one year rotation cycle, except that under the specific circumstance when the solicitation for applicants is posted and the incumbent is the sole applicant pursuant to the selection process, and the Chief of Police desires to reappoint the incumbent to the same position, said rotation cycle will be of three years duration. All Street Crimes positions shall be at the origination and termination for just cause. Termination for just cause may occur at any time during the assignment. The work schedule rotation will be four days on/two days off, then four days on/four days off, 10 hour work days, working Wednesday through Saturday, with Sunday and Monday off, then working Tuesday through Friday, with Saturday through Tuesday off, and the hours of work will be 1600 to 0200, subject to short notice for schedule changes and subject to approval of the Assistant Chief of Police – Field Services. It is understood that the parties may further modify the work schedule rotation and normal hours of work specified herein upon mutual written agreement to be made part of this collective bargaining agreement. An Employee who is regularly assigned to a Street Crimes position shall receive a four percent (4%) pay incentive while so acting in such capacity. A.86 Pay Step Advancement – Advancement to the next higher pay Step shall be made after an Employee has been paid at a given pay Step for the period of time designated in Section A.1. If the completion of such period of time occurs at other than the beginning of a semi-monthly pay period, the advancement to the next pay Step shall become effective at the beginning of a semi-monthly pay period. Formatted: Indent: First line: 0" Formatted: Indent: Left: 0.5" Formatted: Underline Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Packet Page 48 of 199 A.79 Promotional Reclassification – An Employee promoted from one classification to another shall be placed into the lowest pay Step of the higher classification which still provides for a monthly minimum rate of pay, five percent (5%) higher than that currently being received by the promoted Employee. A.810 Demotion Reclassification – An Employee demoted from one classification to another shall be placed into the pay Step affording the same number of months service time that the Employee had prior to the demotion to the lower classification. A.911 Classification of Patrol Officers – Newly employed Officers without prior significant experience shall be classified as Second Class Patrol Officers in Pay Grade NE9. After one (1) year of employment Officers shall be qualified to advance to First Class Patrol Officer in Pay Grade NE11. Advancements are subject to Civil Service Commission Rules and Regulations. Laterals will be hired at NE11 Step C/IV and will receive a Step increase at the completion of probation. A.102 The rates of pay set forth within Section A.1 provide for the maximum time an Employee shall be employed in any one particular pay Step. The Employer shall have the right to place a New Hire Employee in any pay Step set forth within Section A.1, in which event, advancement of said Employee to each of the next higher pay Steps shall be automatic upon completion of six (6) months in pay Step 1 and/or twelve (12) months in each higher pay Step except as noted in Section A.10. A.113 Out of Class Pay – First Class Officers working Out of Classification shall be paid at the Corporals rate of pay. A.124 Compensation of FTOs – Certified Field Training Officers when actually performing as an FTO in the training of entry level or lateral entry police officers in a formal field training program shall be compensated at the rate of one hour of straight time compensatory time per shift of training. No compensation shall be paid when not actually engaged in training of new officers. A.135 Deferred Compensation - Starting November 1, 2012January 1, 2014 the City will contribute 1.52% of the employees’ base wage into a deferred compensation plan of the employees’ choice. The employee will choose one of the three plans currently offered by the City. Packet Page 49 of 199 APPENDIX “B” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. APPENDIX “B” BILL OF RIGHTS B.1 Employee Rights: It is agreed that the City has the Right to discipline, suspend, or discharge any Employee for just cause. B.2 Bill of Rights: B.2.1 In an effort to ensure that investigations made by an Officer as designated by the Chief of Police of the Police Department are conducted in a manner which is conducive to good order and discipline, the Employees shall be entitled to the protection of what shall hereafter be termed as the “Employee Bill of Rights.” B.2.2 Every Employee who becomes the subject of an Internal Affairs (I/A) InvestigationA) investigation, as defined by department policy, shall be advised in writing at the time of the interview that they are suspected of: (a) Committing a criminal offense; or (b) Misconduct that would be grounds for termination, suspension, or other economic sanction; or (c) Not being qualified for continued employment with the Police Department (such as job competency or fitness for duty). Formatted: Indent: Left: 2.5", First line: 0" Formatted: Indent: Left: 0.5" Packet Page 50 of 199 B.2.3 Any Employee who becomes the subject of a criminal investigation shall have all Rights accorded by the State and Federal Constitutions and Washington State law. B.2.4 The Employee under investigation must, at the time of an interview, be informed of the name of the Officer in charge of the investigation and the name of the Officer who will be conducting the interview. B.2.5 Forty-eight (48) hours before an Internal Affairs (I/A) Investigation interview commences, any Employee who is the subject of an Internal Affairs Investigation shall be informed, in writing, of the nature of the investigation, that the Employee is considered a “suspect” in the investigation and shall include the following information: o Who is the complainant or the victim, o what reportedly took place, o when it happened, o and where it happened. No forty-eight (48) hour notice is required for, Employees subject to Investigations that will not result in any economic sanction, e.g. a Complaint Investigation; however if the Employee requests to contact an Association Representative, appropriate time will be allowed prior to the interview. Employees who are given a forty-eight (48) hour notification may waive that delay by signing a written waiver form. No forty-eight (48) hour notice or Association Representation is required for an Employee listed as a “witness” in an I/A or for routine Supervisor/Subordinate inquiries that will not result in any economic sanction. B.2.6 The interview of an Employee shall be at a reasonable hour, preferably when the Employee is on duty, unless the exigency of the interview dictates otherwise. Whenever practical, interviews shall be scheduled during the normal workday of the City. B.2.7 At the cost of the requesting party and in accordance with Washington State Law, RCW 9.73, the Employee or City may request that an investigative interview be recorded, either mechanically or by a stenographer. There can be no “off-the-record” questions. Upon request, the Employee under an investigation shall be provided an exact copy of any written statement the Employee has signed or, at the Employee’s expense, a verbatim transcript of the interview. B.2.8 The Employee may be required to answer any questions in an investigation and will be afforded all Rights and privileges to which they are entitled under the laws of the State of Washington or the United States. Prior to being ordered to respond to any question, the Employee will be notified in writing and acknowledge receipt of the following: Packet Page 51 of 199 “You are about to be questioned as part of an internal investigation being conducted by the Police Department. You are hereby ordered to answer the questions which are put to you which relate to your conduct and/or job performance and to cooperate with this investigation. Your failure to cooperate with this investigation can be the subject of disciplinary action in and of itself, including dismissal. The statements you make or evidence gained as a result of this required cooperation may be used for administrative purposes but will not be used or introduced into evidence in a criminal proceeding.” Employees who are subject to a Criminal Investigation shall be advised of their Miranda Rights. B.2.9 Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. Written notice shall be provided forty-eight (48) hours prior to any Investigative (I/A) interview subject to the notice requirements of Section B.2.2. As noted in Section B.2.2 the Employee may provide a written waiver of the forty-eight (48) hour requirement. The Employee shall be afforded an opportunity and facilities to contact and consult with their Association Representative before being interviewed if requested. The Employee may be represented by the Association Representative to the extent permitted by law. The Employee shall be entitled to such reasonable intermissions as the Employee shall request for personal necessities, meals, telephone calls, consultation with their Representative, and rest periods. B.2.10 The Employee shall not be subjected to any profane language nor threatened with dismissal, transfer or other disciplinary punishment as a guise to obtain the resignation of said Employee nor shall the Employee be subjected to intimidation in any manner during the process of interrogation. No promises or rewards shall be made to the said Employee as an inducement to answer questions. B.2.11 Investigations shall be concluded within a reasonable period of time as defined in Section 26.1.41020 of the Department Policy Manual. Within a reasonable period after the conclusion of the investigation and no later than forty-eight (48) hours prior to a pre-disciplinary hearing, the Employee shall be advised of the results of the investigation and the potential disposition (which may include a range of possible discipline) and shall be provided a copy of the investigatory file. In the event an investigation is sustained but no discipline is to be imposed because it was not completed within established timelines, the Employee is still entitled to a Loudermill hearing and appeal process. (NOTE: Time frames for complaint investigations increased from 30 to 45 days; internal affairs investigations increased from 60 to 90 days. Section 26.1.4 of the Department Policy Manual will be changed accordingly.) B.2.12 All interviews shall be limited in scope to activities, circumstances, events, conduct or actions which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Packet Page 52 of 199 Employer from questioning the Employee about information which is developed during the course of the investigation. B.2.13 No Employee shall be requested or required to submit to a polygraph test or to answer questions for which the Employee might otherwise properly invoke the protection of constitutional amendment against self- incrimination, except as required pursuant to Section B.2.8. Nor shall any Employee be dismissed for or shall any other penalty be imposed upon the Employee solely for a failure to submit to a polygraph test or to answer questions for which the Employee might otherwise invoke the protection of any constitutional amendment against self-incrimination; and provided further that this provision shall not apply to either the initial application for employment or to persons in the field of public law enforcement who are seeking promotion. Should any section, subsection, paragraph, sentence, clause or phrase in this Article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this Article. B.2.14 Medical or Psychological Examinations: B.2.14.1 The Employer retains the right to require Employees to submit to medical or psychological examinations when there exists good cause to believe an Employee is unfit for duty. Any relevant medical history of the Employee which the examining professional conducting a psychological evaluation requests shall be released by the Employee only to the examining professional. B.2.14.2 The examining professional shall issue a written report to the Employer, as the client, provided however, that such report shall indicate only whether the Employee is “fit” or “unfit” for duty and in the event an Employee is unfit the expected prognosis and recovery period as well as any accommodations which could be made to allow an Employee to return to duty consistent with the attached form (APPENDIX “B-1”). The report shall be made available to the Employee. B.2.14.3 The Association shall have an opportunity at its expense, to discuss with the Employer’s examining professional their conclusion and reasons therefore. If the Employee believes that the conclusions of the examining professional are in error, they may obtain an additional examination at their own expense and the Employer will provide the examining professional with documents which were utilized by the Employer's examining professional. In the event, the Employee and/or Association seek to contest the conclusion of the first examining professional, the Employee’s report shall be in writing and shall be available to the Employer. The report shall be kept as confidential medical information and any use outside of the accommodation or fit for duty process shall be subject to a written medical release by the Employee. The Employee shall authorize the second examining professional to respond to reasonable questions clarifying the opinion, at Formatted: Indent: First line: 0.5" Formatted: Indent: Hanging: 0.5" Packet Page 53 of 199 the Employer’s expense. Nothing herein prohibits the examining professionals from making safety disclosures required by law. B.2.14.4 The Employer will undertake to have the Employer's examining professional make themselves available to answer appropriate questions by the examining professional, at the Association’s expense, who conducts the independent examination. B.2.14.5 Should an Employee Grieve a disciplinary or discharge action taken as a result of an examination, the Employer shall allow release of the examination and supporting documents upon which it relies for the action, and all other prior examinations of the Employee. B.2.14.6 Should an Employee Grieve a demotion, discharge or other action subject to the Grievance process, taken as a result of an examination, the Employer and Employee shall allow release of all examinations and supporting documents upon which it will rely in the proceedings, and all other prior examinations of the Employee determined to be relevant by the Grievance Arbitrator after a confidential review by the Arbitrator. B.2.15 Personnel Records: (a) Contents: A "personnel file" shall be defined as any file pertaining to the Bargaining Unit member's employment status, work history, training, disciplinary records, or other personnel related matters pertaining to the Bargaining Unit member. It is further understood that a personnel file does not include material relating to medical records, pre-appointment interview forms, Internal Affairs files, or applicant background investigation documents such as, but not limited to, psychological evaluations and polygraph results. (b) The Employer will promptly notify an Employee upon receipt of a court order, subpoena or a public disclosure request for information in the Employee's personnel file. The Employer will also provide at least seventy-two (72) hours’ notice before releasing any requested documents, provided, however, that in the event the City is required to respond to a subpoena or other court order in a time frame less than seventy-two (72) hours, it will provide prompt notice of its response date. The Employer will allow the Employee and the Association the fullest possible opportunity to legally object to unwarranted disclosures. (c) Each Employee's personnel files shall be open for review by the Employee, provided that Employees shall not have the right to review psychological evaluations or supervisor's notes prepared for the purpose of preparing Employee's evaluations which are destroyed after the evaluation is prepared. The Employer shall maintain no secret personnel files not subject to inspection. (d) All Complaints, Internal Affairs Investigations and Review Board findings resulting in disciplinary action consisting of suspensions of less than ten (10) days or any lesser form of discipline, will be purged from individual personnel files after three (3) years, and from all other files after seven (7) years, or as required by the State Archivist, whichever is longer, with the following exceptions: Packet Page 54 of 199 (1) Any instances where subsequent disciplinary action was relied upon as part of a process of progressive discipline. (2) When required by law to be retained, such as instances covered by the Federal Rehabilitation Act or the Americans with Disabilities Act. All such files will be retained in a separate confidential medical file only. Any records involved in any stage of litigation or other judicial process will be purged from the personnel file according to the schedule above but may be retained by the Department in a separate litigation discovery file. All complaints and internal affairs investigations resulting in disciplinary action of a ten (10) or more day suspension, demotion or termination will not be purged. All files noted in this policy shall be kept confidential to the full extent permitted by law or the Collective Bargaining Agreement and the Rights created there under. In the event of a request for release or review of an investigative or disciplinary file, the Employee to whom the file relates will be provided written notice of the request and the City’s intended response prior to the date of release. B.2.16 USE OF FORCE: B.2.16.1 Statement of Purpose: The parties recognize that adequate training is critical for preventing unnecessary use of force and for minimizing the impact on an Employee who is involved in a situation where force must be used. The Department recognizes that it is its obligation to provide adequate training in this area, including the reactions of Employees in critical instances and in dealing with problems that result after being involved in a critical incident. B.2.16.2 Procedures: Any time an incident occurs involving a use of lethal force, against a person, the following will apply: B.2.16.3 When an Employee, whether on or off duty, uses lethal force which results in the injury or death of a person, or discharges a firearm in which no injury occurs, the Employee shall not be required to make a written or recorded statement for forty-eight (48) hours after the incident, except that immediately following the incident the Employee shall verbally report to a Superior a brief summary of the incident and any information necessary to secure evidence, identify witnesses, or apprehend suspects or similar information necessary to preserve the immediate safety of the public and fellow officers. The affected Employee may waive the requirement to wait forty-eight (48) hours. Beyond that the Department will not question the Employee(s) regarding any information regarding the incident, but will immediately inform the Employee involved in the incident that they have the Right to be allowed prompt access to any of the following: (a) Their spouse; (b) The Association's attorney and the attorney's agents; (c) The Employee’s personal attorney; (d) Psychologists, psychotherapists, or ministers depending upon the Employee’s choice and Packet Page 55 of 199 (e) Peer Support Counselor. The Department will encourage the Employee to have access to any of the above listed persons and to promptly do so telephonically if the Employee so requests. Any discussions about the incident that the Employee has with the above-mentioned personnel shall be confidential. The Department and the Association shall mutually agree on designated Peer Support Counselors and appropriate training. B.2.16.4 The Department or its designee will conduct a thorough and competent investigation of the incident, including using the appropriate techniques for preservation of the scene if relevant where the use of force took place. All reports and findings from this investigation, following a determination as to whether criminal charges should be filed, will be promptly made available to the Association upon request. If the Department must preserve a chain of custody for weapon or weapons utilized in the incident, the Employee will be promptly issued replacement weapons unless it is inappropriate to do so. B.2.16.5 The Department or its designee will assign a properly trained interviewer to interview the Employee. The interviewer will be trained in the appropriate techniques of interview, interrogation and investigation of “Officer Involved Shooting.” If there are multiple investigators assigned because of the concurrent investigations that are underway, the investigators will coordinate so that one investigator will be primarily responsible for the interview. All reasonable attempts will be made to minimize the need for successive interviews. B.2.16.6 No statement will be required within forty-eight (48) hours after the incident except as indicated above. The interview of the Employee involved in a lethal force situation will be done under circumstances intended to minimize the traumatic affect of the interview on the Employee. The Employee will be given reasonable breaks and periods to prepare for the interview, and be given reasonable telephonic access to the above listed personnel during the interview upon request. Additionally, the Employee shall have a Right to be represented during the interview by an Association Representative or the Employees attorney. If requested, the interview will be postponed until the Employee has had a reasonable opportunity to seek prompt professional counseling before the interview takes place. B.2.16.7 In the discretion of the Department, the Employee may be placed on administrative duty and assigned to responsibilities in training or other administrative areas with the specific nature of the Employee’s duty to be assigned by the Department in consultation with the Employee. The Department may also place the Employee on administrative leave. The request to be considered for an administrative assignment or administrative leave may be initiated by the Employee. B.2.16.8 While on administrative assignment or leave, the Department will allow access to the Employee’s choice of licensed mental or medical health professional without loss of pay or benefits to the Employee. Packet Page 56 of 199 B.2.16.9 When either the Employee or the Employer believes that the Employee should return to the Employee’s regular assignment, at the Employer’s option the Employee will provide a letter from their licensed psychologist or medical doctor indicating that the Employee is ready to return to their regular duties or to modified duties. The Employer at its option may request an independent medical psychological exam, which will be conducted in conformity with the procedures outlined in this agreement and the Americans with Disabilities Act (ADA). B.2.16.10 While on administrative leave and after returning to duty, the Employee will be encouraged and allowed full access for up to four (4) sessions with licensed mental or medical health professional without loss of pay or benefits to the Employee while participating in such program. Packet Page 57 of 199 APPENDIX “B-1” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION I, _________________________, hereby authorize Dr. _________________________ to (Employee Name) (Doctors Name) provide the following medical information to my Employer, the City of Edmonds. In accordance with Sections 102(c)(B), 102(c)(C) and 102(c)(4)(C) of the Americans with Disabilities Act, the above named Doctor is required to maintain all medical records in association with their examination of me on separate forms and in separate medical files and must treat those records as a confidential medical record with the following exceptions: The Doctor will issue a written report to the Employer and the Employee. The report shall be a “Functional Diagnosis.” Functional Diagnosis is defined as: The evaluation by a physician or psychologist (“treating professional”) of how an underlying but undisclosed disability may affect an individual’s performance in the workplace. The treating professional may outline symptoms, impediments to performance, or other impacts which the Employee may display in order to reasonably accommodate the Employee’s return to work. The functional diagnosis shall be kept confidential as private health care information pursuant to the Americans with Disabilities Act and released only to the Chief of Police and Assistant Chiefs of Police; and, when appropriate, emergency medical personnel. Furthermore, I authorize the Doctor if they determine that I am able to perform the essential functions of my job, to so inform my Employer. This release is intended to grant no further access to my confidential medical records than the Americans with Disabilities Act allows and the examining physician is instructed accordingly. NOTE: This federal law creates a cause of action against any individual who violates its provisions. ______________________________ ______________________________ (Patient/Employee’s Signature) (Date) Packet Page 58 of 199 APPENDIX “C” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. C.1 Pursuant to Article A.3 of the Agreement between the parties signatory hereto, the following shall serve as the controlling document with respect to the establishment of a Physical Fitness Program and the procedures by which the aforementioned program shall be administered. C.2 Special tests may be requested by Employees who have physical handicaps or limitations, which interfere with the ability to do one or more of the regular tests. Special tests, if requested, will be devised by the treating doctor at the Employee’s expense, and approved by the Police Department, unless the injury was incurred on duty. Approval is contingent on such tests being approximately equivalent to the regular test in terms of the ability tested. In all cases, the treating doctor must certify in writing that the physical handicap, injury or limitation does not prevent the Officer from performing the essential functions of the job of a police officer. (MOU 3-1-06) C.3 Employees of the Police Department may submit to the Physical Fitness Test set forth herein, or modification thereof pursuant to Section C.2 of this Appendix. The primary test will be scheduled annually by the department during the month of September, unless waived by the Chief of Police pursuant to Section A.3 of the CBA. In the event of a waiver all Members of the bargaining unit will be compensated for the ensuing calendar year. A reasonable number of make-up dates will be scheduled as needed for the primary test if the Employee has an excused absence approved by their Division Commander. Each Employee shall be allowed only one opportunity to pass each event within the fitness test. Any Employee unable to pass the primary Physical Fitness Test may be afforded one opportunity, upon their written request, to repeat the entire test prior to December 31st. The compensation period will run from January 1 through December 31 of each year based on the previous year’s test. New Employees who become eligible for the Physical Fitness incentive prior to the annual test period will be compensated until the next test period if they successfully completed an equivalent Physical Fitness Test at the time of hiring. C.4 The Employer shall purchase a group membership at the Harbor Square Athletic Club for all Edmonds Police Officers covered by this Agreement. Any increase in the group membership or hourly court rate shall be borne by the Employer. C.5 Employees shall be compensated in pay at the applicable straight time or overtime rate when required to take Physical Fitness Tests. A retest as outlined in Section C.3 is not a required test and will not be compensated if taken while off duty. Exercise, conditioning and racquetball shall be on an individual and voluntary basis without compensation. Packet Page 59 of 199 C.6 Employees shall cooperate with the physician in efforts to experiment with and improve the tests and standards contained herein. C.7 All Employees who are classified as Law Enforcement Officers and Fire Fighters Act II (LEOFF II) Employees shall be protected against loss of pay for time off work due to any injury sustained while participating in authorized Harbor Square Athletic Club conditioning programs. Should a LEOFF II Employee become disabled due to an injury of the aforementioned nature, the Employer shall compensate the Employee for all time off work beyond depletion of any accrued sick leave benefits until such time as the Employee shall have begun to receive State Disability Benefits, provided that the Employer shall receive credit for any other employment or disability benefits received by Employee during that time. C.8 Every three (3) years each Employee shall be given the option to obtain a blood scan and treadmill test from a physician designated by the Employer. These tests will be provided at the Employer’s expense. Employees shall not be compensated for the time involved for these tests. C.9 The medical records shall be maintained in the office of the examining physician. C.10 Physical Test Description – The physical tests shall be those attached to this amendment. The flexibility and body fat tests, while required, shall be advisory only. The results of these tests shall be made available to the Employer. C.11 The City agrees to indemnify and hold the Association harmless from liability to any Employee who successfully claims that the physical fitness standards or alternative standards adopted pursuant to this Appendix violate the Employee’s Rights under the ADA or WSLAD or other law governing disability discrimination. CURL-UPS 1. The participant is to lay on their back with knees flexed at ninety (90) degrees or less: feet and calves elevated on bench 16-20 inches high. 2. Both hands should be clasped firmly behind the back of the head. 3. During the curl-up phase, the participant’s hands should remain clasped behind the head; the low back must remain in contact with the floor, while the shoulder blades must clear the floor. 4. The shoulders must touch the floor in the down position. 5. Count the number of correct curl-ups performed during the 2-minutes of metronome timing: the pace may be slower than, but not faster than the metronome. 6. No rest periods are allowed. Cessation of curl-ups terminates the test. Curl Ups Standards – Timed/50 Maximum Age 18-29 30-39 40-49 50-59 Sex M F M F M F M F Qty 31 26 26 21 23 17 19 14 PUSH-UPS 1. The participant is to assume the appropriate up position (see below). The body should be straight and the hands about shoulder width apart. 2. The body should remain rigid throughout the down phase; with the chest coming to within three (3) inches of the floor (a partner can place a fist on the floor beneath the participant’s chest as a general guide). Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0" Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0" Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0" Formatted: Indent: First line: 0.5" Formatted: Indent: Left: 0.5", First line: 0.5" Formatted: Indent: First line: 0" Packet Page 60 of 199 3. From the down phase, the participant must return to the up position with the arms straight. 4. The participant is only permitted to rest in the up position. 5. Count the total number of push-ups the participant performs in one (1) minute. 6. For female Employees, the above technique shall be altered. Female Employees shall complete push-ups in accordance with Entry Level requirements. Push-Ups – 1 Minute Age 21-29 30-39 40-49 50-59 Sex M/F M/F M/F M/F Qty 34/17 25/12 20/8 15/6 1.5 MILE/RUN TEST TIME (MINUTES) Age 20-29 30-39 40-49 50-59 and over Sex M/F M/F M/F M/F Time 13:00/16:57 13:38/17:45 14:17/18:30 16:15/19:30 Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0" Formatted: Indent: First line: 0.5" Formatted: Indent: First line: 0.5" Packet Page 61 of 199 APPENDIX “D” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. The parties to this Agreement recognize that pursuant to GR 29(f)(5) of the Washington Rules of Court, the Judge of the Edmonds Municipal Court is responsible for the terms and working conditions of court personnel and the City is responsible for negotiating with regard to the wages of such personnel. The parties therefore have agreed to the following terms and conditions with regard to court security personnel, as follows: 1. Acknowledgement of Coverage. The parties stipulate and agree that court security services performed by armed individuals with the powers of arrest shall be considered bargaining unit work under the Collective Bargaining Agreement (“CBA”) for its commissioned police officers between the Association and the City. Bailiff service performed by unarmed individuals who do not possess a power of arrest shall not be considered bargaining unit work under the CBAs for police support personnel or commissioned officers. The Association is the collective bargaining representative for commissioned police officers and police support personnel under two separate CBAs. 2. Judge’s Discretion. Pursuant to Court Rule 9 the Judge shall, at his sole discretion, determine how security service shall be provided for the Edmonds Municipal Court. If the Judge elects to use unarmed individuals without the power of arrest and whose duties include only the ability to detain individuals pending arrest by a commissioned police officer, these persons shall not be subject to the CBA for its commissioned police officers. 3. Security Services; Commissioned Officers With Powers of Arrest. If the Judge elects to utilize armed individuals with the power of arrest to provide court services, that work shall be considered bargaining unit work and addressed under the terms of this agreement and future CBA, when approved. It is the intent of the parties that this agreement be embodied in any future CBA between the parties, but that binding effect shall not occur until a CBA is approved in full by the Edmonds City Council and the members of the applicable bargaining unit. 4. Personnel Pool Required. The parties agree and stipulate that a minimum pool of at least five interested officers in the bargaining unit are required to provide effective, continuous and trained services to the court. The Association shall be given first opportunity, on an annual basis, to provide a pool of officers for selection as court personnel. This option shall be exercised by October 31st of the preceding year. If the Association fails to exercise its option, or at any time the Association is unable to fill a given court security shift (due to vacation, illness or other reasons), the Judge shall be free to fill additional slots on the court security personnel roster through an interlocal agreement with the City of Mountlake Terrace, or such other law enforcement entity as the Judge in his sole discretion may elect. 5. Payment of Association Members. Officers on the duty roster for court security personnel shall be paid at a base rate for such work equal to two-thirds of their contract rate of Packet Page 62 of 199 pay under the CBA between the parties, or the federal minimum wage, whichever is greater. Such base rate shall include two-thirds of the longevity and any other premium pay to which the individual would be entitled under terms of the CBA. In addition, the parties acknowledge that the following rules shall be utilized to calculate the individual’s final total payment. 5.1 Because officers on the duty roster will normally be assigned to a full 7K exempt work schedule, it is the belief and understanding of the parties that this work shall be subject to an overtime rate. The parties stipulate and agree that in addition to the base rate attached above, the parties shall also be entitled to the normal CBA overtime rate for the position which the individual holds. The overtime rate is believed and stipulated to be in excess of the Fair Labor Standards Act required overtime rate. In the event that the Fair Labor Standards Act would result in an overtime rate higher than that provided by this Agreement, the individual shall be paid such rate, but may be removed from the duty roster by the Judge at his discretion. It is the parties’ understanding and intent that an individual who works additional hours as court security personnel shall be compensated at two-thirds of the normal contract rate of pay for the position that the individual holds with the City be combined with the stipulated overtime rate set by this Agreement. Overtime shall be calculated in accordance with the CBA between the parties rather than the Fair Labor Standards Act so long as that calculation results in a higher rate of pay. It is the parties’ understanding and intent therefore that the contract rate of pay established pursuant to this Agreement and the CBA shall always be in excess of the Fair Labor Standards Act rate. Packet Page 63 of 199 APPENDIX “E” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the City, and the EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association (EPOA). 2002 City of Edmonds Personnel Policy Sections 10.6 and 10.14 incorporated herein as applicable to the EPOA Membership through the term of this Agreement 10.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS The City furnishes desks, closets, and/or lockers for security of employee coats, purses, and other personal possessions. The City does not, however, assume responsibility for any theft or damage to the personal belongings of employees and reserves the right to search employee desks, lockers, and personal belongings brought onto City premises, if necessary. Please see Attachment A - INFORMATION SERVICES - ACCEPTABLE USE POLICY - for guidelines on use of City computers. APPENDIX A Information Services Acceptable Use Policy 1.0 Overview The Information Services Division’s intent for publishing an Acceptable Use Policy is not to impose restrictions that are contrary to the City of Edmonds established culture of openness, trust and integrity. The Information Services Division is committed to protecting the City and its employees from illegal or damaging actions by individuals, either knowingly or unknowingly. Internet systems, including but not limited to computer equipment, software, operating systems, storage media, network providing electronic mail, WWW browsing, and FTP, are the property of the City of Edmonds. These systems are to be used for business purposes in serving the interests of the City, and of our customers in the course of normal operations. Effective security is a team effort involving the participation and support of every City employee, who deals with information and/or information systems. It is the responsibility of every computer user to know these guidelines, and to conduct their activities accordingly. 2.0 Purpose The purpose of this policy is to outline the acceptable use of computer equipment at the City. These rules are in place to protect the employee and the City. Inappropriate use exposes the City to risks including virus attacks, compromise of network systems and services, and legal issues. 3.0 Scope This policy applies to regular employees, temporary employees, and all other persons working under the supervision of the City. This policy applies to all equipment that is owned or leased by the City. Formatted: Centered Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Packet Page 64 of 199 4.0 Policy 4.1 General Use and Ownership 1. While the City's network administration desires to provide a reasonable level of privacy, users should be aware that the data they create on the computer systems remains the property of the City of Edmonds. Because of the need to protect the network, the City cannot guarantee the confidentiality of information stored on any network device belonging to the City. 2. Employees are responsible for exercising good judgment regarding the reasonableness of personal use. Individual departments are responsible for creating guidelines concerning personal use of Internet systems. In the absence of such policies, employees should consult their supervisor or manager. 3. The Information Services Division recommends that any information, including e-mail, that users consider sensitive or vulnerable be safeguarded. For special assistance on safeguarding information, please contact the Information Services Division. For security and network maintenance purposes, persons authorized by the City may monitor equipment, systems and network traffic at any time. 4. The Information Services Division reserves the right to audit networks and systems on a random and/or periodic basis to ensure compliance with this policy. When requested by the Information Services Division, employees will provide full access to any City work area, computing equipment, and information stored within such equipment. Audits may be conducted to insure the integrity and availability of information and resources, investigate possible security breaches, and monitor user activity. The Information Services Division is also authorized to interactively monitor and log traffic on the City network. 4.2 Security Information 1. Employees should be aware that information processed through a City computer may be accessible to others unless reasonable precaution is exercised. Information, which is confidential, needs to be protected within the system. Employees, who wish to protect confidential information, need to first consult with their Department Director and then with the Information Services Division to determine the appropriate tools to maintain the confidential information. 2. Employees also need to exercise reasonable password security for their workstations. Passwords are required to be changed every 180 days. Employees should not give out their password to others and should not store their password in plain sight. The selection of passwords should also avoid the obvious, such as middle names, birthdates, children's or pet's names. Employees should not leave their workstations unattended, unless reasonable security measures have been taken. This includes locking your computer (CTRL-ALT-DEL, then click the "Lock Computer" button) when leaving your workstation for any significant amount of time. Employees should log out of their computer during non-work hours. Because information contained on portable computers is especially vulnerable, special care should be exercised. For further assistance, please contact the Information Services Division. 3. Postings by employees from the City of Edmonds email address (@ci.edmonds.wa.usedmondswa.gov) to newsgroups should contain a disclaimer stating that the opinions expressed are strictly their own and not necessarily those of the City of Edmonds, unless posting is in the course of business duties. 4. Any workstation used by the employee that is connected to the Internet, whether owned by the employee or the City, shall be continually executing approved virus- scanning software with a current virus database. 5. Employees must use extreme caution when opening e-mail attachments received from unknown senders, which may contain viruses, worms, or Trojan horse code. Formatted: Font: Bold Formatted: Indent: Left: 0.5" Formatted: Font: Bold Formatted: Indent: Left: 0.5" Formatted: Font: Bold Packet Page 65 of 199 4.3. Unacceptable Use The following activities are, in general, prohibited. Employees may be exempted from these restrictions during the course of their legitimate job responsibilities. Please contact the Information Services Division for further information on such exemptions. Under no circumstances is an employee of the City of Edmonds authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing the City of Edmonds- owned resources. The lists below are by no means exhaustive, but attempt to provide a framework for activities which fall into the category of unacceptable use. The following activities are strictly prohibited, with no exceptions: System and Network Activities 1. Violations of the copyright protections or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the City. 2. Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, etc.). 3. Installing unauthorized hardware onto the City's network. 4. Revealing your password to others. 5. Using a City computing equipment to actively engage in procuring or transmitting material that is in violation of the City's sexual harassment policy or other hostile workplace laws. 6. Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the employee is not an intended recipient or logging into a server that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. For purposes of this section, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes. 7. Executing any form of network monitoring which will intercept data not intended for the employee's preview, unless this activity is a part of the employee's normal job/duty. 8. Circumventing user authentication or security of any workstation or network, or misrepresenting you as another person on the Internet. 9. Interfering with or denying service to any user other than the employee's workstation (for example, denial of service attack). 10. Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user's terminal session, via any means, locally or via the Internet. 11. Providing lists of or information about the City's employees to parties outside the City of Edmonds. 12. Do not download software from the Internet and install it on the City's computer equipment. 13. Do not use City computers to listen to the radio. Email and Communications Activities 1. Sending unsolicited email messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (email spam). 2. Any form of harassment via email, telephone or paging, whether through language, frequency, or size of messages. 3. Unauthorized use, or forging, of email header information. Formatted: Font: Bold Formatted: Indent: Left: 0.5" Formatted: Indent: First line: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: First line: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: First line: 0.5" Packet Page 66 of 199 4. Solicitation of email for any other email address with the intent to harass or to collect replies. 5. Creating or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of any type. 6. Posting the same or similar non-City business-related messages to large numbers of Usenet newsgroups (newsgroup spam). 5.0 Enforcement Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment. 6.0 Definitions Term Definition Spam Unauthorized and/or unsolicited electronic mass mailings. 10.14 SUBSTANCE ABUSE The City's philosophy on substance abuse has two focuses: (1) a concern for the well being of the employee and (2) a concern for the safety of other employees and members of the public. As part of our employee assistance program, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment and rehabilitation. Although the decision to seek diagnosis and accept treatment is completely voluntary, the City is fully committed to helping employees who voluntarily seek assistance to overcome substance abuse problems. In most cases, the expense of treatment may be fully or partially covered by the City's benefit program. Please see the EAP counselor for more information. In recognition of the sensitive nature of these matters, all discussions will be kept confidential. Employers who seek advice or treatment will not be subject to retaliation or discrimination. Although the City is concerned with rehabilitation, it must be understood that disciplinary action may be taken when an employee's job performance is impaired because he/she is under the influence of drugs or alcohol on the job. The City may discipline or terminate an employee possessing, consuming, selling or using alcohol, or controlled substances (other than legally prescribed) during work hours. The City may also discipline or terminate an employee who reports for duty or works under the influence of alcohol or controlled substances. An employee may be required to submit to alcohol or controlled substance testing when the City has reasonable suspicion that the employee is under the influence of controlled substances or alcohol. Refusal to submit to testing, when requested, may result in immediate disciplinary action, including termination. City employees who operate emergency vehicles or hold commercial driver's licenses ("CDLs") and operate commercial motor vehicles while employed by the City are subject to additional rules and regulations imposed by the federal government. These regulations require urine drug testing and alcohol breath testing in the following circumstances: pre-employment; reasonable suspicion; post-accident; return to duty testing; Formatted: Indent: Left: 0.5" Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Packet Page 67 of 199 random testing. CDL holders who test positive must be removed from their motor vehicle operator duties and are subject to discipline, up to and including termination. CDL holders should consult the City's CDL policy for the additional details concerning these rules. Based on the federal Drug-Free Workplace Act, the manufacturing, distribution, dispensation, possession and use of unlawful drugs or alcohol on City premises or during work hours by City employees is strictly prohibited. Violation of this policy can result in disciplinary action, including termination. Continued poor performance or failure to successfully complete a rehabilitation program is grounds for termination. APPENDIX B RECEIPT OF PERSONNEL POLICIES All employees should read the following; then sign, date and return the form to Human Resources Office. The form will be placed in the employee's personnel file. Enclosed are the City of Edmonds personnel policies. It is your responsibility to read these policies, as they will acquaint you with your employee benefits, our personnel practices and rules, and some organizational philosophy. It is important to understand that these policies do not create an employment contract or a guarantee of employment of any specific duration between the City and its employees. Although we hope that your employment relationship with us will be long term, we recognize that at times things do not always work out as hoped, and either of us may decide to terminate the employment relationship. Unless specific rights are granted to you in employment contracts, civil service rules, or elsewhere, all employees of the City are considered at-will employees and may be terminated from City employment at any time, with or without cause and with or without notice. As the City grows and changes, personnel policies may change. The City, therefore, reserves the right to revise, supplement, clarify or rescind any policy or portion of a policy when deemed appropriate by the Mayor. You will be notified of any such changes. Please also understand that no supervisor, manager or representative of the City other than the Mayor has the authority to make any written or verbal statements or representations which are inconsistent with these policies. The City, as the employer, reserves the right to deduct from an employee’s final paycheck and/or accrued benefits of any amounts advanced to employee that remain unearned when his or her employment with the City ends. If you have any questions about these policies or any other policies of the City, please feel free to ask your supervisor, department head or the Mayor. Your signature below signifies you have received and understand the information stated above. ______________________________ Employee Signature Formatted: Normal, Left Comment [h2]: I don’t think we need this part of the 2002 policies. Packet Page 68 of 199 ______________________________ Employee Printed Name ____________________Date Formatted: Normal, Left Formatted: Normal, Left Packet Page 69 of 199 AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) JANUARY 1, 2014 THROUGH DECEMBER 31, 2016 Packet Page 70 of 199 TABLE OF CONTENTS ARTICLE I RECOGNITION, ASSOCIATION MEMBERSHIP & PAYROLL DEDUCTION- PAGE 3 ARTICLE II GENDER - PAGE 4 ARTICLE III ASSOCIATION RIGHTS- PAGE 4 ARTICLE IV HOURS OF WORK, OVERTIME AND CALLBACK - PAGE 5 ARTICLE V PROBATIONARY PERIODS, SENIORITY- PAGE 9 ARTICLE VI WAGES - PAGE 10 (also see Appendix “A”) ARTICLE VII HOLIDAYS - PAGE 10 ARTICLE VIII VACATIONS - PAGE 11 ARTICLE IX LEAVES - PAGE 13 ARTICLE X INSURANCE - PAGE 16 ARTICLE XI UNIFORMS AND EQUIPMENT - PAGE 17 ARTICLE XII MISCELLANEOUS - PAGE 20 ARTICLE XIII NO STRIKE PROVISION - PAGE 22 ARTICLE XIV DISCHARGE OR SUSPENSION - PAGE 22 ARTICLE XV GRIEVANCE PROCEDURE - PAGE 23 ARTICLE XVI SAVINGS CLAUSE- PAGE 25 ARTICLE XVII DURATION - PAGE 25 ARTICLE XVIII ENTIRE AGREEMENT- PAGE 25 APPENDIX “A” - PAGE 26 APPENDIX “B” - PAGE 33 APPENDIX “B-1” - PAGE 40 APPENDIX “C” - PAGE 41 APPENDIX “D” - PAGE 44 APPENDIX “E” –PAGE 46 Packet Page 71 of 199 AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION JANUARY 1, 2014 THROUGH DECEMBER 31, 2016 (Representing the Law Enforcement Commissioned Employees) THIS AGREEMENT is by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. ARTICLE I. RECOGNITION, ASSOCIATION MEMBERSHIP & PAYROLL DEDUCTION 1.1 Recognition – The Employer recognizes the Association as the sole collective bargaining representative for all fully commissioned law enforcement officers of the City of Edmonds, Washington Police Department excluding the Chief of Police, Assistant Police Chiefs, Secretary to the Chief of Police, Supervisors, confidential employees and all other employees of the Employer. 1.2 Association Membership – It shall be a condition of employment that all Employees of the Employer covered by this Agreement who are members of the Association in good standing on the effective date of this Agreement shall remain members in good standing or pay an agency fee and those who are not members on the effective date of this Agreement shall, on the thirty-first (31st) day following the effective date of this Agreement, become and remain members in good standing in the Association or pay an agency fee. It shall also be a condition of employment that all Employees covered by this Agreement hired on or after its effective date shall, on the thirty- first (31st) day following the beginning of such employment, become and remain members in good standing in the Association or pay an agency fee. 1.2.1 In accordance with RCW 41.56.122 Employees covered by this Agreement who for bona fide religious tenets or teachings of a church or religious body are forbidden from joining a Union/Association shall contribute an amount equivalent to regular Union/Association dues to a non-religious charity or to another charitable organization mutually agreed upon by the affected Employee and the Association to which such Employee would otherwise pay the regular monthly dues. If the Employee and Association are unable to agree, the Public Employment Relations Commission (PERC) shall designate the charity. The Employee shall furnish written proof to the Association and the Employer that such payment has been made. 1.2.2 Temporary Employees shall work under the terms of this Agreement, but shall be required to pay an Association service fee equivalent to regular monthly dues for an Entry Level Officer. 1.3 Payroll Deduct – The Employer shall deduct from the pay of all Employees covered by this Agreement the dues of the Association and shall remit to said Association all such deductions monthly, except that all deductions for the above items must be uniform and regular to accommodate the monthly machine processed payroll. Where laws require written authorization by the Employee, the same shall be furnished in the form required. No deduction shall be made Packet Page 72 of 199 which is prohibited by applicable law. The Association shall indemnify, defend and hold the Employer harmless against any claims made and against any suit instituted against the Employer on account of any check-off of dues for the Association. The Association shall refund to the Employer any amounts paid to it in error on account of the check-off provision upon presentation of proper evidence thereof. ARTICLE II. GENDER 2.1 Wherever the words Employee or Employees are used in this Agreement, they are intended and shall be construed so as to apply equally to either gender. ARTICLE III. ASSOCIATION RIGHTS 3.1 Association Officials Time-Off – An Association Official who is an Employee in the Bargaining Unit (Association Board Officer, Negotiation Team Member and/or Shop Steward as appropriate to the specific activity) shall be granted a reasonable amount of release time if on duty while actually conducting contract negotiations, contract administration or discipline representation with the Employer on behalf of the Employees in the Bargaining Unit or actually engaged in preparatory meetings for said activities with the Employee. This does not include research and other preparation activities not specifically enumerated and provided: o They notify the Employer at least forty-eight (48) hours prior to the time-off, o The Employer is able to properly staff the Employee’s job duties during the time- off, o And the wage cost to the Employer is no greater than the cost that would have been incurred had the Association Official not taken time-off. When Association activities, as enumerated above, must be scheduled during an Association Official’s off duty hours, adjustments shall be made to the Official’s regular schedule on an hour for hour (straight time) basis. Additionally, the Employer shall allow up to an aggregate of nine (9) work days per year of aggregate leave to allow one (1) delegate from the Edmonds Police Association (EPOA) to attend each meeting of the Washington State Council of Police (WACOPS) provided that time spent in such endeavors shall not be considered compensable time within the meaning of the FLSA and; provided that such delegates pay all of their own expenses in attending the above meetings. 3.2 Association Investigation and Visitation Privileges – The Labor Representative of the Association, with the permission of the Department Head or designee, may visit the work location of Employees at any reasonable time and location for the purpose of investigating Grievances. Such Representative shall limit activities during such investigations to matters relating to this Agreement; provided however, the Labor Representative shall not interfere with the operation or normal routine of any department. Packet Page 73 of 199 3.3 Bulletin Boards – The Employer shall provide suitable space for a bulletin board to be used exclusively by the Association. 3.4 Use of Equipment – Bargaining Unit Officials may make occasional but limited use of City owned/operated communication resources (telephone, facsimile, voice mail, electronic mail, copier, computer) for communications; specifically, incidental or minimal use is permitted. Incidental or minimal use is that which is both brief in duration and accumulation and does not interfere with or impact the conduct of official City business due to volume, frequency or impedes Employee’s performance of their official duties. In no event will the Association use the City communications resources for internal Association business beyond that permitted for minimal use or for any political use. The Association will supply one (1) box/case of paper of a similar type and quality as used by the City on an annual basis to the City. ARTICLE IV. HOURS OF WORK, OVERTIME AND CALLBACK 4.1 The workweek shall be comprised of three (3) or more consecutive days ON duty and two (2) or more consecutive days OFF duty. The sum total of time worked shall not exceed forty (40) hours per week based on an annual average. Officers assigned to patrol will work a four (4) days ON and four (4) days OFF (4/4), twelve (12) hour schedule. Specific shift configurations (to include shift hours and days on/days off rotation) shall be as agreed between the Employer and the Association. FLSA 7(k) work period is mutually agreed to be twenty eight (28) days except for patrol working twelve (12) hour shifts shall be twenty four (24) days. 4.1.1 A workday shall normally include the following based on shift hours: Shifts of 8 hours: One (1) thirty (30) minute meal period Two (2) fifteen (15) minute rest periods Shifts of 10 hours: One (1) forty-five (45) minute meal period Two (2) fifteen (15) minute rest periods Shifts of 12 hours: One (1) forty-five (45) minute meal period Three (3) fifteen (15) minute rest periods All Employees shall be subject to immediate call during meal and rest periods for which no overtime or additional compensation shall be paid. An Employee recalled to work from a meal or rest period shall be entitled to an additional rest period. 4.1.2 Scheduling of K-9 Officers – K-9 Officers will be scheduled on a forty (40) hour per week basis utilizing a four (4) day per week, ten (10) hour per day schedule. 4.2 Overtime – Overtime shall be that time worked in excess of the scheduled hours of work which shall be compensated at the rate of one and one-half (1.5) times the Employee’s regular straight time hourly rate of pay. 4.2.1 Call Back –The Employee is considered to be on paid status upon being ordered back to work (i.e. notification of a call out) and off paid status when leaving the police facility or other Packet Page 74 of 199 Employer designated work site. In the case of pre-scheduled meetings, court appearances and other scheduled events, paid status commences at the time scheduled for the event and ends when the event is over but at no time less than the three (3) hour minimum as described later in this Section. Employees ordered to report back to duty after going home after their regular shift, or ordered to report back to work on their day off, including time required to be spent in court, either as a witness or in assistance on another officer’s case, or in attendance at department meetings shall be guaranteed three (3) hours at the rate of one and one-half (1.5) times the Employee’s regular straight time hourly rate of pay. In the event an Employee is not notified by 12:00 noon forty eight (48) hours prior to a scheduled or subpoenaed Court appearance on a regularly scheduled day off that such an appearance is not necessary, the Employee shall be guaranteed two and one- half (2.5) hours at the Employee’s regular straight time hourly rate of pay. If the employee is assigned to graveyard, and the Court appearance is scheduled during their work week, they will be notified before the end of their shift prior to the Court appearance. Employees ordered to report back to work on a prescheduled day off (Kelly day, compensatory time, holiday time, or vacation day) shall be provided additional compensation of straight time compensatory time or straight time overtime equivalent to 50% of the hours worked on that day. As an example, an employee has a prescheduled 12 hour vacation day and gets called in to work. The employee works 6 hours. The employee would utilize 6 hours vacation time on that day, and would be paid 6 hours regular time, plus would receive an additional 3 hours straight time comp time or straight time paid time for being called in. 4.2.2 All approved overtime shall be compensated in increments of fifteen (15) minutes with the major portion of fifteen (15) minutes being paid as fifteen (15) minutes. 4.2.3 However, if an employee is on vacation, and regardless of the shift needing to be covered, and absent being called back to duty involuntarily, no overtime shall be earned. If an employee choses to voluntarily cover a shift during previously scheduled vacation, those hours worked will be credited back to that employee’s vacation hour bank. Should the employee voluntarily work an overtime shift that falls on what would be a regularly scheduled day off, even if in-between scheduled vacation days, then the employee will be compensated in accordance with section 4.2. 4.3 Shift Bid - The policy of bidding for shift assignments on a seniority basis by rank shall be recognized, provided seniority may be disregarded for good cause by the Employer. Shift bids for the following year open on or about September 1 and close on or about October 1 and shall be open for thirty (30) days. Sergeants and Corporals will bid for 0600-1800 and 1800-0600 shift hours. Officers will bid for 0600-1800 and 1800-0600 shift hours. In addition, officers may also bid for 0700-1900 and 1900-0700, with two officer slots from each of the four (4) patrol squads being dedicated to these hours. The implementation of the 0700-1900 and 1900-0700 shifts will be for an initial trial period of six (6) months, beginning September 1, 2014, after which the City or the Association Packet Page 75 of 199 can elect to discontinue the shift, or with mutual agreement, further modify the shift for an additional six (6) month trial period. If neither party does so, the shift will become permanent. Employees shall be notified of the result of the bid on or about October 15. For the purpose of this Section “on or about” shall mean not to exceed three (3) days. Bid results may be subject to change due to events such as promotion, specialty assignment rotation, resignation or other good cause. Any Employer initiated change to an Employee’s previously assigned bid shift will require fourteen (14) day prior notification to the Employee. Any change to an Employee’s previously assigned bid shift with less than fourteen-day (14) notice will result in the Employee receiving compensation at the rate of one and one-half (1.5) times the Employee’s regular straight time hourly rate of pay from the date of the change through the fourteenth (14th) day. The fourteen (14) day notification and the one and one half (1.5) times regular straight time hourly rate of pay requirement may be waived by the Association on behalf of the Employee. The fourteen (14) day notification request will not apply in the case of a bonafide emergency or other good cause. 4.3.1 There will normally be only one Corporal assigned per patrol shift, and shift bidding will be by seniority. If, however, there are more Corporals assigned to the Patrol Division than there are shifts, the “extra” Corporal shall bid for shift based on seniority. 4.4 Training 4.4.1 Required Training – Required training done on a regular duty day shall be done on a basis of shift adjustment whenever possible. Off-duty required training shall be paid with compensatory time-off at the time and one-half (1.5) rate, subject to Article IV. 4.4.2 Non-Required Training – Shall be allowed at the sole discretion of the Employer. Any time accrued in furtherance of non-required training shall be paid at the straight-time hourly rate of pay, but with the concurrence of both the Employer and Employee, it may be accrued at the hourly rate with compensatory time-off on an hour-for-hour basis, subject to Article IV. 4.4.3 Training While On-Duty - If scheduled training occurs while on duty and consists of eight (8) hours or more; the hours of training shall constitute an entire workday, regardless of the Employee’s hours of duty. While attending training on duty and the hours of instruction are less than eight (8) hours due to circumstances such as the instructor releasing the class early from training, the Employee has the option of returning to work or using leave time of their choice to fulfill their training obligations. Scenarios: Employee attends training that is scheduled for eight (8) hours or more. The training ends early, after seven (7) hours. The Employee must use “leave time” of their choice to complete an eight (8) hour period. Packet Page 76 of 199 An Employee attends training that is scheduled for less than eight (8) hours. The Employee shall return to duty to complete their obligated shift hours of duty. 4.5 The utilization of any compensatory time accrued shall be at the Employee’s option; provided, however, that the scheduling of holiday time accrued pursuant to Article VII and the compensatory time off under this Article shall create no undue hardship to the Employer nor shall it interfere with previously scheduled vacations An undue hardship is defined as the City being required to pay more than one employee overtime to allow for time off to be granted and still maintain minimum staffing levels. . 4.5.1 Requests to schedule compensatory or holiday time shall be made not less than fourteen (14) days in advance of the requested date, provided, however, that compensatory time may be scheduled with less than fourteen-day (14) notice only when the request would not require the Employer to call another Employee to work in order to meet minimum staffing requirements, provided further that an Employee requesting compensatory time with less than fourteen-day (14) notice shall be allowed the time off if the Employee arranges for a volunteer replacement. Whether the substitute Employee works at the request of the Employer or at the request of another Employee, overtime will be paid. Accumulation of compensatory time shall be limited to a maximum accrual of eighty (80) hours at any one time. Any hours accrued in excess of the maximum shall be paid to the Employee at the next regularly scheduled pay period. 4.5.2 Probationary employees may accrue compensatory time pursuant to terms of this agreement, provided however such accrued compensatory time may only be utilized when the employee is no longer in probationary status 4.5.3 The following formula shall address “minimum staffing” as it relates to Employees’ ability to be approved for time off. Between 0600 and 1800 hours a Supervisor plus three (3) Officers (total of four-4) not including Officers/Employees assigned to Specialty Units with the exception of K-9 Between 1800 and 0600 hours, a Supervisor plus four (4) Officers (total of five-5) not including Officers/Employees assigned to Specialty Units with the exception of K-9. In an effort for consistency the following shall apply for implementing time off requests: o Employees shall contact their shift Supervisor if available. In the event that their shift Supervisor is not available then the Employee would contact the “on-duty” shift Supervisor. o On-duty Supervisor will check the payroll sheet and determine if staffing minimums allow for the time off request to be approved. o If approved, the on-duty Supervisor shall document the time off request on the Payroll sheet and Turn-over sheet. Packet Page 77 of 199 o In addition, the on-duty Supervisor shall send an e-mail to “all” Sergeants and Corporals to provide for proper communication of the staffing change. It will be the responsibility of the Employee to provide as much notification as possible. Requests submitted less than eight (8) hours prior to the start of a shift, may be denied by a Supervisor. While actually at work an Employee will be granted requested time off during that shift if minimum staffing levels are met as described above and there are no critical incidents that would require additional staffing at that time. Staffing minimums shall be increased during July 4th and the Taste of Edmonds by one (1) officer, without requiring any overtime coverage to meet those minimums. 4.6 In order to emulate an average of 2080 hours worked on an annual basis, Employees assigned to any given number of shift hour patrol schedules, will receive the appropriate number of “Kelly” days per year. It is the understanding of the parties that the contract work schedules are FLSA compliant. The term “Kelly” days or time is used for convenience and is not an indication that adjustments are required within the work period to avoid FLSA overtime thresholds. “Kelly” days will be accrued in a bank of hours. o Shifts of twelve (12) hour duration receive twelve (12) “Kelly” days totaling a bank of one hundred forty four (144) hours in the bank. a) Forty eight (48) hours per trimester will be credited to the bank. b) On a pro rata basis this will equate to twelve (12) hours per month. c) Employees shall use thirty six (36) hours per trimester or shall be subject to forfeit those hours not used. d) Twelve (12) hours may be carried over each trimester. e) Up to thirty six (36) hours may be cashed out annually. On or before December 1st of each calendar year all unused and unscheduled “Kelly” hours, up to and including thirty six (36) hours shall be repurchased by the Employer at the Employee’s regular straight time hourly rate of pay. This repurchase will be in the form of a separate check, separate from the Holiday repurchase, and not direct deposit. Employees are responsible for monitoring their “Kelly” hour balances and planning use of “Kelly” hours to avoid “use it or lose it” scenarios. Any hours in excess of thirty six (36) shall be scheduled by the Employee prior to October 31st of each calendar year. ARTICLE V. PROBATIONARY PERIODS, SENIORITY 5.1 Probationary periods upon initial appointment shall not exceed one (1) year beyond graduation from the Basic Law Enforcement Academy except as provided in Section 10.5 of the Civil Service Rules and Regulations. Probationary periods for lateral hires and those receiving Promotions shall not exceed one (1) year except as provided in Section 10.5 of the Civil Service Commission Rules and Regulations. Any probationary period shall be extended automatically for Packet Page 78 of 199 the number of work days equal to the number of work days an Employee was absent in excess of ten (10) work days during the probationary period. In the event that the Employer requests the Civil Service Commission to extend an Employee’s probation period, the Association will receive a copy of the notification provided to the Employee of said action. 5.2 “Seniority” as used in this Agreement shall accrue from an Employee’s seniority date which shall be the Employee’s first date of eligibility with the fully commissioned law enforcement employees bargaining unit, provided that Employees who return from layoff or period of disability, as provided in the Civil Service Rules and Regulations, shall retain the seniority held prior to the layoff or period of disability. In the event of promotion out of the bargaining unit, or demotion or reversion back into the bargaining unit, the employee will retain their original seniority held prior to leaving the bargaining unit. 5.2.1 In the event an Employee returns following a break in service, the Employee shall retain the seniority the Employee had accrued prior to the break in service. A break in service occurs when an Employee’s employment relationship ends. No seniority shall accrue while an individual is on a reemployment Civil Service list. Seniority includes time spent in any leave status, including leaves without pay. 5.2.2 “Seniority by rank” as used in this Agreement shall accrue from the effective date of promotion to the Employee’s current rank. 5.3 The Employer shall provide the Association with a list of all current Employees of the Bargaining Unit with their respective seniority dates on July 1st of each year and shall post a copy of same on the Association bulletin board. 5.4 Preference in vacation scheduling and extra days off shall be administered in accordance with seniority as provided in Section 8.2 below. 5.5 An Employee shall lose all seniority in the event of discharge or voluntary termination. ARTICLE VI. WAGES 6.1 The classification of work and the corresponding rates of pay covered by this Agreement shall be as set forth in APPENDIX “A” which by this reference shall be incorporated herein as if set forth in full. ARTICLE VII. HOLIDAYS 7.1 The following days shall be recognized holidays: New Year’s Day January 1 Martin Luther King Day Third Monday of January Washington’s Birthday Third Monday of February Memorial Day Last Monday of May Independence Day July 4 Labor Day First Monday of September Packet Page 79 of 199 Veteran’s Day November 11 Thanksgiving Day Fourth Thursday of November Friday following Thanksgiving Day Christmas Eve December 24 Christmas Day December 25 7.1.1 All Employees shall be paid for all such holidays regardless upon which day in the week the holiday shall fall. Each day consists of ten (10) hours. This pay shall be in the form of a holiday bank equal to one hundred and ten (110) hours. If any work is performed by such Employee on such holiday, additional compensation at the overtime rate shall be paid, in addition to the day off at a later date. If overtime is worked on a holiday, straight time comp time equivalent to the number of overtime hours worked will also be given in addition to applicable overtime. No Employee shall be called to work on such a holiday for less than a minimum call- out time and rate. Employees scheduled to work Monday through Friday 8 hour days, Monday through Thursday 10 hour days, or Tuesday through Friday 10 hour days shall observe holidays which fall upon a Saturday on the proceeding scheduled Friday workday and any holidays which fall upon a Sunday on the following scheduled Monday workday. If a holiday occurs during an Employee’s vacation, the Employee shall receive the holiday on a later mutually scheduled date. 7.2 Holidays shall be scheduled in accordance with the provisions of Section 4.5.1. 7.3 On or before December 1st of each calendar year, all unused and unscheduled “Holiday” hours, up to and including eighty eight (88) hours shall be repurchased by the Employer at the Employee’s regular straight time hourly rate of pay. This repurchase will be in the form of a separate check, separate from the Kelly hours repurchase and not direct deposit. Employees are responsible for monitoring their “Holiday” hour balances and planning use of “Holiday” hours to avoid “use it or lose it” scenarios. Any hours in excess of eighty eight (88) shall be scheduled by the Employee prior to October 31st of each calendar year. Any scheduled but remaining unused holiday hours still in the employee’s bank on December 31 of each year shall be forfeited without any additional compensation. However, if the employer requires an employee to cancel a prescheduled holiday off during November or December, upon written approval of the Division’s Assistant Chief, the holiday may be carried over to be used within 60 days of the new calendar year. ARTICLE VIII. VACATIONS 8.1 All regular full-time Employees shall receive vacation with full pay annually in accordance with the following: YEARS OF EMPLOYMENT HOURS OF VACATION After First 6 months 48 hours Second 6 months 40 hours additional 2 through 4 years 96 hours 5 through 10 years 136 hours 11 through 15 years 176 hours 16 through 19 years 188 hours 20 through 24 years 200 hours Packet Page 80 of 199 25 years and thereafter 216 hours Note: All accrual days are based on an eight (8) hour day. 8.2 In order to make provisions for timely vacation schedules, all Employees shall bid for vacations. Preference in bidding for vacation scheduling and extra days off shall be administered in accordance with seniority, as defined in Section 5.2. Employees who request a position transfer may be subject to losing their previously bid vacation. Vacation bidding for January through December shall open on or about October 15 and close on November 15 and shall be open for thirty (30) days. Notification will be provided on or about December 1. For the purpose of this Section, “on or about” shall mean not to exceed three (3) days. Vacation requests made following the annual vacation bid approval will be on a first come first served basis for the remainder of the bid year. 8.3 Should an Employee terminate employment, having completed no less than six (6) months employment, the Employee shall receive pro rata vacation pay. 8.4 The maximum vacation leave carry-over from one calendar year to the next shall be limited to two (2) years’ worth of accumulated leave at the Employee’s current accrual rate. An Employee who has reached the maximum accrual level may continue to accrue vacation until December 31st, at which time any vacation accrued in addition to the maximum carry-over will be forfeited, provided that the maximum accrual subject to cash-out upon separation shall be four hundred and thirty two (432) hours, provided further that this limitation shall not apply when the separation is caused by unanticipated events such as death, disability, illness, involuntary discharge or similar circumstances. Employees are responsible for monitoring their vacation balances and planning vacation to avoid “use it or lose it” scenarios. Where the Employee has failed to appropriately manage their vacation balances, the Employer need not incur overtime to avoid forfeiture. 8.5 In the event scheduling in Superior Court necessitates the appearance of an Employee during the Employee’s previously scheduled vacation time that Employee shall be offered the opportunity of rescheduling vacation at a time mutually convenient to the Employee and the Employer as determined by the Chief of Police. Once vacation has been approved and the affected Employee has incurred non-refundable or unusable expenses in planning for the same, the Employee shall be reimbursed by the City for those expenses. Upon request, the Employee shall assign any tickets or other benefits to the City for which reimbursement is made. Any Employee called back to duty for any reason once the vacation has begun shall be reimbursed for round trip transportation costs involved in returning for duty. Reimbursement for travel shall be made on the same basis as the original mode of transportation. If applicable, mileage shall be paid at the approved IRS rate. For the purposes of this Section “vacation” shall include leave of absence, bereavement leave or compensatory time off, including regularly scheduled days off, immediately preceding or following any of the aforementioned time off. Packet Page 81 of 199 ARTICLE IX. LEAVES 9.1 Sick Leave – All LEOFF II Employees shall receive sick leave accruals under Section 9.1.6, including a one thousand (1,000) hour maximum accrual, accrued at the rate of nine (9) hours per month. Sick leave accrued but not taken from one (1) hour to four hundred (400) hours shall be converted to pay at the Employee’s regular rate of pay in effect at the date of termination and on the basis of the following schedule: With two (2) week notice - Honorable voluntary quit - 25% of hours accrued. Termination by City layoff - 25% of hours accrued. Termination for Retirement - 50% of hours accrued. Sick leave accrued but not taken from four hundred one (401) hours to eight hundred (800) hours shall be converted to pay, upon honorable termination of any nature, for fifty percent (50%) of hours accrued at the Employee’s regular rate of pay in effect at the date of termination. At the Employee’s option, sick leave accrued but not taken from four hundred one (401) hours to eight hundred (800) hours may be converted to vacation time, on the basis of one (1) hour for every two (2) hours accrued or fifty percent (50%), to be used prior to the Employee’s termination date. Hours accrued from eight hundred one (801) hours to one thousand (1,000) hours are not eligible for compensation or conversion. After the employee exceeds 900 hours they have the ability to convert the hours (back to a minimum of 900 hours) at a ratio of one (1) hour for every two (2) hours accrued or fifty percent (50%). The maximum sick hours an employee can sell back is 48 hours, which will convert to 24 hours of vacation. The conversion will occur at the second paycheck in January. The converted hours will be added to the employee’s vacation bank. For example an employee at 1000 hours could sell back 48 hours and place 24 hours into their vacation bank. Employees who terminate based on a disability may elect to either receive one hundred percent (100%) of the unused sick leave balance or remain in a paid status until the sick leave is exhausted. For the purposes of this section 9.1, retirement, in addition to its usual meaning, shall include those employees with twenty (20) or more years’ service credit within the LEOFF II system who choose to end employment with the City on a voluntary, honorable basis, even though the Employee has not yet attained regular retirement age, as defined by LEOFF. 9.1.1 Accrued sick leave may be used only for: (a) The Employee’s own illness, injury or disability (including disability due to pregnancy or childbirth); (b) The need to care for a child under eighteen (18) years of age (or an adult child incapable of self-care) with a health condition requiring treatment or supervision; (c) The need to care for the Employee’s spouse or domestic partner, parent, parent in-law or grandparent with a serious health condition or emergency condition; Packet Page 82 of 199 (d) Medical or dental appointments for the Employee or a dependent child; Employees must make reasonable efforts to schedule such appointments at times when they will not interfere with scheduled work days and; (e) Other circumstances if authorized by the Chief of Police. At their election, Employees may use other accrued paid leave in place of or in addition to sick leave for any of the purposes described above. 9.1.2 Item (e) shall be subject to prior approval of the Chief of Police and shall be granted for the period of time required to meet the emergent situation considering all the circumstances such as distances involved, degree or kinship, etc. 9.1.3 The certificate of a doctor and/or written report concerning the need for the sick leave may be required by the Employer when an Employee is absent for a period in excess of four (4) days or based upon an individualized suspicion of sick leave abuse and, if so required, shall be supplied by the Employee in order to qualify for sick leave with pay. 9.1.4 Sick leave may be used for medical, dental, or ocular appointments, when absence during working hours for this purpose is authorized in advance by the Employee’s supervisor, provided that the Employee must make a reasonable effort to schedule such appointments at times which have the least interference with the workday. 9.1.5 In the event of death of the Employee, payment for all unused sick leave up to one thousand ( 1000 ) hours shall be made to the surviving spouse or domestic partner or to the employee’s estate if there is no spouse, at the Employee’s regular straight time hourly rate of pay. 9.1.6 All Employees hired will accrue sick leave at the rate of nine (9) hours per month commencing with the date of hire. In the event of significant job related injury or illness to the Employee which is approved as a claim by Washington State Labor and Industries (L & I), the Employee may at the Employee’s option be placed on sick leave, and accrued sick leave (or if insufficient sick leave, then other paid leave) shall be utilized. In turn, the Employee shall sign over all payments received from L & I that relate to time loss from the Employer. The Employer will provide a sick leave supplement / “buy-back” for the affected Employee pursuant to RCW Title 41 LEOFF Supplement and pursuant to the buy-back worksheet incorporated herein as Appendix D. 9.2 Jury Leave – Necessary leave shall be allowed by the Employer to permit any Employee to report for jury duty or to serve as a member of a jury. The Employee shall receive from the Employer as compensation during this leave period regular salary. The Employee shall sign over to the Employer compensation received from the Courts for jury duty and remain on full paid status. 9.3 Bereavement Leave – In the event of a death in the “immediate family” of an Employee, the Department Head shall upon request grant the Employee bereavement leave with pay. The maximum number of workdays granted shall be three (3); provided however, in the event of Packet Page 83 of 199 unusual circumstances or if travel is required to attend a funeral, additional time not to exceed three (3) days may be granted. Such additional leave shall be deducted from the Employee’s sick leave account. The term “immediate family” shall include: o Spouse or domestic partner and children, including step children of the Employee; o Mother, Father, Brother, Sister of the Employee or spouse; o Grandparents of the Employee or spouse; o Grandchildren 9.4 Leaves of Absence – If approved by the Employer, non-probationary (permanent) Employees may take up to six (6) months leave of absence without pay. Such leaves shall not constitute a break in service but no benefits shall accrue during the leave of absence. See guidance in section 5.1 regarding Break in Service and Seniority. 9.5 Sick Leave Incentive Bonus – Unless otherwise specified in the labor agreement, Employees who maintain a good attendance record shall be eligible for the following Sick Leave Incentive Plan; Days of Sick Leave Used during the Year Hours of Vacation Leave Earned 0 24 1 16 2 8 3 or more 0 This Sick Leave Incentive Plan excludes sick leave used for on duty injury involving an approved L & I claim against the City or leave taken pursuant to Family Medical Leave Act (FMLA). The hours earned and used will be pro-rated to the nearest full hour. For the purposes of this section, day is defined as a work day under the Employee’s present work schedule. 9.6 Light-Duty – In the event a LEOFF II Employee suffers an illness or injury that prevents the Employee from performing their full range of duties for a period in excess of two (2) weeks, light-duty shall be assigned as authorized by the treating doctor pursuant to the terms outlined in Article 9.6.3. 9.6.1 Work Assignments – Light-duty status shall include work assignments within the Police Department that the Employee is released to perform by the Employee’s treating doctor until a full release for return to work is authorized. 9.6.2 Rate of Pay/Required Duty – Employees assigned light-duty status shall be paid at one hundred percent (100%) of their normal rate of pay. Employees shall work a forty (40) hour workweek schedule as determined by the Employer. Employees may work less than 40 hours per week (including partial days) if so ordered by the treating doctor. A forty (40) hour or less schedule includes changes to benefit calculations such as Kelly Hours. 9.6.3 Duration – A LEOFF II Employee with a favorable prognosis for return to full duty by the treating doctor will be assigned light-duty for a maximum period of three hundred thirty six (336) hours unless the Employee is earlier able to resume a full range of duties. The three hundred thirty six (336) hour period includes both full days and Packet Page 84 of 199 partial days on a prorated basis when required by the treating doctor. Such period may be extended upon mutual written agreement of the Employer and the Association on behalf of the Employee when the medical prognosis of the Employee being able to return to full Employment within a reasonable period of time is received by the Employer. 9.6.4 Medical Reinstatement List & Effective Life of List - Names on Civil Service Commission’s (CSC) Medical Reinstatement List for a class of Employee shall be in order of separation to be established by the Commission. Names of Employees on the Medical Reinstatement List shall be carried two (2) years from the Employee’s last date of employment. ARTICLE X. INSURANCE 10.1 Coverage – The Employer shall make available to eligible regular full time Employees and their eligible spouses and dependents, an insurance program that includes medical, dental, vision insurance and employee assistance plan (EAP) benefit. For the purposes of this article, spouse also includes “registered domestic partner” as defined under Washington state law. This insurance program includes the following: Medical Insurance - Employee shall choose between the Medical insurance plans offered by the City of Edmonds in accordance with the provisions of this Agreement. Dental Insurance - Dental insurance is provided through the AWC Washington Dental Service Plan F with Option III (Orthodontia). Vision Insurance - Vision insurance is provided through AWC Vision Service Plan ($10.00 deductible). EAP Plan - The Employee Assistance Program is provided through UHC. 10.2 The Employer shall pay the costs necessary to provide health, vision, life, dental and disability insurance plans specified in this agreement for all employees in the bargaining unit. The selection of a different/new provider shall be at the sole discretion of the Employer, provided that the benefit levels shall be substantially the same as those benefit levels in effect as of the signing of this agreement. In the event that the Employer receives notice of the termination of any plan specified in this agreement, the Employer will promptly notify the Association and the parties shall commence negotiation regarding replacement coverage and cost. The parties mutually recognize that they have less than a complete satisfaction with the current health plan offerings. They have discussed potential alternative coverage but that work has not yet been completed. The Association and its members, despite their dissatisfaction with the current provider, have a strong interest in ensuring that good coverage remains in effect. To do this, the parties recognize a mutual interest in surveying other possible plan offerings and they are unable to complete this process in time for the execution of this 2014-2016 CBA. So, to accommodate these interests, the parties agree that the City will continue its efforts to identify alternative carriers. In the event the City locates a carrier that can provide coverage equal to or better than the current level of coverage, the City is allowed to present that information to the Association and, subject to the explicit requirement that the alternative plan would be as a whole equal to or better than the current plan, the parties would reopen the contract in the Fall of 2014 to discuss implementation of the alternative coverage to begin in 2015. This reopener would only Packet Page 85 of 199 be triggered by the identification and presentation of such a similar or better plan and no reopener would be triggered in the event the plan were as a whole of a reduced nature. Furthermore, the scope of the reopener would only be to discuss the plan specifications, implementation and other related topics; the reopener would in no way involve the current respective employer/employee premium contributions, which would remain as identified in this Article for the balance of the CBA. 10.3 The Employer shall pay one hundred percent (100%) of those premiums necessary to maintain the existing level of hospital and medical care, dental care, orthodontic care, vision care, life and disability insurance coverage for each Employee. The Employer shall pay ninety percent (90%) of those premiums necessary to maintain the existing level of hospital, medical care, dental care, and orthodontic care insurance coverage for each Employee’s Dependents. 10.3.1 The Employer shall pay ninety percent (90%) of those premiums necessary to maintain the existing level of vision care insurance coverage for each Employee who requires Dependent coverage. 10.4 Liability – The Employer shall pay one hundred percent (100%) of those premiums necessary to provide liability insurance for each Employee. The Employer shall provide legal counsel or reasonable attorney’s fees for representation and defense of lawsuits and to hold Employees harmless from any expenses connected with the defense, settlement or monetary judgments from such actions, claims, or proceedings arising out of or incident to acts and/or omissions occurring while the Employee was acting in good faith in the performance or purported failure of performance of official duties or employment and provided further that the Employee was not engaging in criminal or malicious misconduct. A criminal conviction shall be deemed conclusive but not exclusive proof of criminal misconduct for the purposes of this section. If the City elects to pay reasonable attorney’s fees hereunder, no claim for such payment may be made by an Employee prior to the conclusion of a criminal lawsuit. 10.5 If it is permissible under the Employer provided hospital and medical care insurance plan, Employees shall have the option to divert Dependent coverage applicable to that Employee to the Employee’s own private health plan. ARTICLE XI. UNIFORMS AND EQUIPMENT 11.1 The Employer shall provide the following uniform items to new Employees and replace any of the following uniform items of any Employee which in the reasonable opinion of the Employer require replacement, subject to the language of Section 11.3: o Name Tags: One metal, requisite number of sewn on cloth name tags depending on types/numbers of uniforms selected by Employee; o Shirts: Up to three long sleeve and three short sleeve; o Trousers: Up to three pair; o Trouser Belt: One; Packet Page 86 of 199 o Jumpsuits: Up to two, with the understanding that each jumpsuit purchased by the Employer will be in lieu of the following three items collectively: one short sleeve shirt, one long sleeve shirt and one pair of trousers; o Hat: One; o Baseball Cap: One provided upon employee’s request; o Knit Watch Cap: One provided upon employee’s request; o Turtlenecks: One provided upon employee’s request; o Ties: One for Employee opting for Employer provided jumpsuit, two for other Employees; o Tie Bar: One; o Buttons: One set; o Department Insignia: One pair; o Shoulder Patches: Number dependent upon types/numbers of uniforms selected by Employee; o Badges: Two(one each for hat and uniform); o Shoes or boots: One pair; o Collapsible or Wooden Baton with Holder: One(designated by Employer); o Gortex Jacket: One; o Gortex Pants: One; Additional items for K-9 Officers: o Jumpsuits- three (3); o Boots 2 pair; o Cap 1; o Insulated vest (K-9 only) 1; Additional items for Motorcycle Officers: o Helmets- two (2); o Boots 2 pair consisting of one pair leather boots and one pair all-weather boots; o Leather Jacket 1; o Rain Suit (Jacket, pants, boots) 1; o Cap 1; o Breeches 3; o Insulated Pants 1; o Scarves (Blue or White) 2; o Gloves (light and medium weight) 1 pair each; o Safety Glasses (dark and clear) 1 pair each; o Jumpsuit 1; o Ear Plugs 1; Additional items for Street Crimes Officers: Subdued uniform items consisting of; o Pants 2 pair o Shirts 3 o Jacket 1 o Chain badge holder 1 Packet Page 87 of 199 The Employer is responsible for procurement of new jumpsuits. Any jumpsuits previously purchased by an Employee at the Employee’s expense will be owned by the Employee, not subject to reimbursement by the Employer. However, an Employee may utilize the City contracted dry cleaning services for a privately owned jumpsuit. It is understood, and agreed to by the parties, that each Employee shall maintain a minimum of one (1) Class A (long sleeve) Uniform as part of his/her issued uniform items. 11.2 The Employer shall provide each “Detective and Administrative assigned Employee” a clothing allowance in the amount of seven hundred dollars ($700.00) per calendar year. This amount shall cover the purchase of clothing. Employees who are initially assigned to plain clothes duty during the year shall be paid the full annual amount at the start of the assignment. An Employee receiving the full annual amount “up-front” will not be eligible to receive any further clothing allowance until completion of the first year of assignment. If an employee elects to leave the assignment within the first year the employee shall repay the clothing allowance on a pro rata basis at the time of reassignment. Professional/Plain clothes Employees are subject to the provisions of Section 11.2.1, 11.5 and 11.6 below. All payments will be a separate check or direct deposit. 11.2.1 In an effort to clarify garments covered by this Section, only items used during employment will be covered. Dry Cleaning/Laundry Service will be provided based on a weekly average as follows: e.g. o Four (4) items Dry Cleaned or; o Two (2) items Dry Cleaned and four (4) items Laundered 11.3 Employees shall be furnished the required weapon, handcuffs, leather goods and other equipment authorized and required. Employees may choose to furnish their own weapon provided it meets the requirements of the Department and the Employer has no responsibility for replacement or repairs in the event of loss or damage. 11.4 The Employer shall provide contract dry cleaning service at no cost to Employees for the cleaning care and maintenance of uniform items listed above. Each uniformed Employee shall be allowed to have two sets of shirts and trousers cleaned per work period. Additional cleaning and maintenance for uniform items shall be as authorized by the Employer. 11.4.1 Employee’s assigned to plain clothes assignments that receive clothing allowances under Section 11.2 may have uniforms (not to exceed two sets per work period) cleaned following City sponsored/assigned details that required the use of a uniform. 11.5 The Employee shall be held accountable for all uniform items and all other equipment so assigned to the Employee by the Employer. Loss or destruction of items of clothing or protective devices shall be replaced by the Employer where said loss was incurred as direct result of the performance of the Employee while on the job, or as the result of an occurrence not due to the Employee’s wrongful act or willful negligence. Any uniform items or equipment assigned to an Packet Page 88 of 199 Employee which is lost or mutilated or requires replacement as a direct result of the Employee’s wrongful act or willful negligence shall be replaced at the Employee’s expense from a supplier designated by the Employer. 11.6 All uniform items and equipment issued by the Employer to each Employee shall be the property of the Employer. 11.7 No clothing allowance that remains in effect shall accrue during any period in excess of thirty (30) days in which the Employee is on approved disability, and if previously paid it shall be refunded by the Employee through payroll deduction on a pro rata basis. ARTICLE XII. MISCELLANEOUS 12.1 Driver’s License Checks – While operating City of Edmonds vehicles, all Employees must have a valid Washington State Driver’s License in their possession at all times. This is required for compliance with state law and is also required by the City’s insurance carrier. No less frequently than on an annual basis, the City will enter the Employee’s Washington State Driver’s License number into the publicly accessed Washington State Department of Licensing webpage to check driver license status. 12.1.1: Employees who operate City of Edmonds vehicles shall immediately notify their respective Assistant Chief through proper chain of command any time the employee’s drivers license for any reason becomes suspended, revoked or is in any way not valid or current. Employees shall not resume operation of any City vehicle until a valid, current drivers license is presented to their respective Assistant Chief. 12.2 Auto Vehicle Locator (AVL) - When the Edmonds Police Department begins using AVL technology in its vehicles which are operated by Edmonds Police Department employees, the City agrees that it will not review and use AVL data with the intent of generating any complaints or internal investigations against an Edmonds Police Department employee. AVL data may be used as corroborating evidence to prove or disprove allegations of misconduct made against an Edmonds Police Department employee. The City shall not rely solely on AVL data to sustain any allegation. Corroborating evidence is evidence which strengthens, adds to or confirms already existing evidence. AVL data shall not be used to monitor or evaluate an Edmonds Police Department employee’s performance without precipitating cause. AVL data will be used to enhance officer safety and efficiency and is not intended to replace effective first-level supervisory practices, including knowledge of subordinates’ activities on shift. AVL data shall not be used solely as a personnel management tool. 12.2.1: In the case of Edmonds Police Department employees having assigned take home vehicles, the City shall comply with RCW 42.56.250 and must redact all identifiable information from a records request for AVL data that would disclose a member’s residential location and/or address. Packet Page 89 of 199 12.3 Narcotics Detective Selection - Employees seeking assignment as a Narcotics Detective with the South Snohomish County Narcotics Task Force or any successor organizational Unit or Task Force shall have a credit check performed by the Employer subsequent to the final selection but prior to such assignment. The purpose of the credit check is to review any outstanding debt/creditors that may place the Employee in the position of being unduly influenced or intimidated. In performing such check, the Employer will specifically seek information on indebtedness outside of usual, customary and timely paid obligations ( usual and customary include mortgage, auto loans, credit cards). 12.3.1: Should the Employee dispute any information of concern on the credit report, the Employee may contest this information within ten business days from the date of any questionable credit report information that was presented to the Employee by the Employer. 12.3.2: Following review of the credit report by the Employer, the report will be given to the Employee for retention or destruction. The report will not serve as the basis for further investigation, nor will the information therein be used as a basis for disciplinary action. No copies of the Employee’s credit report shall be retained by the City, South Snohomish County Narcotics Task Force or any succeeding Multijurisdictional Unit or Task Force. Should the Employee not be desirous of having the Employer conduct a credit check, the Employee will be allowed to withdraw from the selection process without prejudice. 12.4 Bill of Rights – Employees covered by this Agreement shall be entitled to those Rights specified in the attached Officers Bill of Rights, APPENDIX “B”, which by this reference is incorporated herein as if set forth in full. 12.5 Management Rights – The Association recognizes the prerogative of the Employer to operate and manage its affairs in all respects in accordance with its responsibilities and the powers and authority which the Employer possesses. 12.5.1 The Association recognizes the exclusive right of the Employer to establish reasonable work rules. Provided, that nothing in this Section shall be construed as a waiver of any Rights the Association may have pursuant to RCW 41.56. 12.5.2 The Employer has the Right to schedule overtime work as required in a manner most advantageous to the Employer and consistent with the requirements of municipal employment and the public interest and to require pre-approval for any overtime worked when possible. 12.5.3 Every incidental duty connected with operations enumerated in job descriptions is not always specifically described. Nevertheless, it is intended that all such duties shall be performed by the Employee. 12.5.4 The Employer reserves the Right to discipline or discharge for cause. The Employer reserves the Right to lay-off for lack of work or funds or the occurrence of conditions beyond the control of the Employer or where such continuation of work would be wasteful and unproductive. The Employer shall have the Right to determine reasonable schedules of work, work standards and to establish the methods and processes by which such work is performed. Packet Page 90 of 199 12.5.5 The Employer retains the Right to determine which work assignments may be assigned take home vehicles except as currently being allowed which are K-9, SRO and Motorcycle Employees. The use of a take home vehicle may be discontinued for good cause. No take home vehicle will be assigned to any Employee who resides or subsequently moves beyond a radius of twenty (20) miles from the nearest City limits. All fees or tolls (ferry, parking etc.) associated with a take home vehicle, other than approved business expenses are the responsibility of the Employee. Motorcycles that are allowed to be taken home shall be secured inside an adequate structure at the Employees residence. 12.6 Definitions – “Days” when used in this contract shall refer to “calendar days” unless otherwise specified. 12.7 The parties agree that the 2012 version of the City’s Personnel Policies will apply to EPOA membership, with the exception of the following sections: Section 10.6 Regarding Personal Possessions and Electronic Communications; Section 10.14 regarding Substance Abuse; and Appendix B regarding Drug and Alcohol Testing Policies and Procedures. These sections shall remain unchanged from the 2002 version of the City’s Personnel Policies as they apply to the EPOA membership through the term of this Agreement. 12.7.1 City of Edmonds Personnel Policies 2002 version; Section 10.6 regarding Personal Possessions and Electronic Communications; Section 10.14 regarding Substance Abuse and Appendix B of the 2002 City of Edmonds Personnel Policies are incorporated herein by reference, attached as APPENDIX “E” of this Agreement. ARTICLE XIII. NO STRIKE PROVISION 13.1 Nothing contained in this Agreement shall permit or be construed to grant any Employee or group of Employees the Right to strike or refuse to perform their prescribed duties. 13.2 During the life of this Agreement there shall be no strikes or refusal to perform official duties and there shall be no lockout. ARTICLE XIV. DISCHARGE OR SUSPENSION 14.1 Generally – The tenure of Employees covered by this Agreement shall be only during good behavior and any such person may be removed or discharged, suspended without pay, demoted or reduced in rank or deprived of vacation privileges or other special privileges for cause. 14.2 Physical Fitness – The Employer and the Association agree that satisfactory performance of Police Department duties requires that Employees maintain physical fitness. Each Employee shall maintain a level of physical fitness to adequately perform the essential functions of their job. Packet Page 91 of 199 ARTICLE XV. GRIEVANCE PROCEDURE 15.1 A Grievance shall be defined as an issue relating to the interpretation, application or violation of any terms or provisions of this Agreement. An Employee may either “Grieve” discipline or “Appeal” said discipline to the Civil Service Commission (CSC), provided that a Grievance shall not be processed if any Employee has previously filed a Civil Service Appeal over the same matter and provided further, that the subsequent filing of a Civil Service Appeal shall operate to withdraw a Grievance, previously filed over the same matter. 15.1.1 When an Employee has a Grievance it shall immediately be brought to the attention of the immediate Supervisor and the Employee and Supervisor shall attempt to settle the Grievance. If the Grievance cannot be settled, the Employee shall state the Grievance in writing and present it to the Supervisor in accordance with the procedure set forth below. 15.1.2 An Employee and/or the Association may bring a Grievance at the appropriate step : o within thirty (30) days of the occurrence of an alleged Violation, or o within thirty (30) days, of when the Employee and/or Association, by reasonable diligence, should have known of the occurrence of said Violation, provided that no remedy may be applied retroactively more than sixty (60) days prior to the actual filing of the Grievance. 15.1.3 The immediate Supervisor shall make every effort to resolve the Grievance: o within twenty (20) days. Failure of the immediate Supervisor to resolve the Grievance: o within the twenty (20) day period, shall permit the Employee and/or Association the Right to submit a written demand: o within twenty (20) days, of the Supervisor’s answer for resolution of the alleged Violation to the Chief of Police or designee. The Chief or designee shall either schedule a meeting with the Association to discuss the Grievance or respond to the Grievance: o within twenty (20) days. If a meeting is scheduled, the Chief or designee shall be granted: o an additional twenty (20) days, from the date of the meeting to respond. 15.1.4 Failure of the Chief of Police to resolve the Grievance (involving only issues that have a monetary penalty proposed), within the time lines outlined in Section 15.1.3, shall permit the Employee and/or Association the Right to submit a written demand: o within twenty (20) days, Packet Page 92 of 199 of the Chief’s answer for resolution of the alleged Violation to the Mayor or designee. The Mayor or designee shall either schedule a meeting with the Association to discuss the Grievance or respond to the Grievance: o within twenty (20) days. If a meeting is scheduled, the Mayor or designee shall be granted: o an additional twenty (20) days, from the date of the meeting to respond. 15.1.5 If the Association is not satisfied with the City’s response, it may submit a demand for Arbitration to the Employer in writing within thirty (30) days. 15.1.6 The Employer and the Association shall immediately thereafter select an Arbitrator to hear the dispute. If the Employer and the Association are not able to agree upon an Arbitrator within ten (10) days, after receipt by the Employer of the written demand for arbitration, the Association may request a list of seven (7) Arbitrators from the Federal Mediation and Conciliation Service. After receipt of same, the parties shall alternately strike the names of the Arbitrators until only one name remains who shall, upon hearing the dispute, render a decision which shall be final and binding upon all parties. The party to strike first shall be determined by a flip of a coin. 15.2 Nothing herein shall prevent an Employee from seeking assistance from the Association or the Association from furnishing such assistance at any stage of the Grievance procedure. 15.3 The expenses of the Arbitrator and the cost of any Hearing Room shall be borne equally by the parties. In all instances, attorney’s fees shall be the responsibility of each individual party. 15.4 If either party fails to take the action required within the times provided herein, the party failing to act shall forfeit its Right to further protest the Grievance, denial of the Grievance or interim recommended solution provided that the time frames enumerated herein may be extended with the mutual written agreement of the parties. 15.5 Matters within the Jurisdiction of the Civil Service Commission (CSC) shall not be subject to this Grievance procedure unless they are covered by the specific terms and conditions of this Agreement, provided nothing herein constitutes a waiver of the Association’s Right to bargain pursuant to RCW 41.56. 15.5.1 By mutual agreement between the Association representative and the Mayor’s Office or when that step is the lowest level at which a matter may be resolved, an Employee or the Association may initiate a Grievance at the Chief’s level. Packet Page 93 of 199 ARTICLE XVI. SAVINGS CLAUSE 16.1 All provisions of this Agreement shall be complied with unless any of such provisions shall be declared invalid or inoperative by a court of competent jurisdiction. In such event either party may request re-negotiations of such invalid provisions for the purpose of adequate and lawful replacement thereof, provided however, that such finding shall have no effect whatsoever on the balance of this Agreement. ARTICLE XVII. DURATION 17.1 This Agreement shall be effective January 1, 2014, and shall remain in full force through December 31, 2016. ARTICLE XVIII. ENTIRE AGREEMENT 18.1 The parties agree that each has had full and unrestricted Right and opportunity to make, advance, and discuss all matters properly within the province of collective bargaining. The above and foregoing Agreement constitutes the full and complete Agreement of the parties and there are no others, oral or written, except as contained herein. Each party for the term of this Agreement specifically waives the Right to demand or to petition for changes herein or additions hereto. CITY OF EDMONDS, WASHINGTON EDMONDS POLICE OFFICERS ASSOCIATION BY: ____________________________ BY: _______________________________ DATE: __________________________ DATE: _____________________________ ATTEST BY: ____________________________ City Clerk DATE: __________________________ Packet Page 94 of 199 APPENDIX “A” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. A.1 Effective January 1, 2014, the wage scale shall be increased across-the-board by 2%. The position of Corporal at step 2 is paid at seven and one half percent (7.5%) above First Class Police Officer. The position of Sergeant at step 2 is paid at fifteen percent (15%) above First Class Police Officer. Unless otherwise noted, all steps in Section A.1 are of one year duration. A.1.1 All Employees shall participate in Employer’s payroll “direct deposit” program. PAY GRADE CLASSIFICATION MONTHLY RATES OF PAY STEP 1 00 – 06 Months STEP 2 07 Months + NE 9 SECOND CLASS POLICE OFFICER $4,883 $5,058 STEP 1 Not Used STEP 2 00 – 06 Months STEP 3 STEP 4 STEP 5 STEP 6 NE 11 FIRST CLASS POLICE OFFICER $5,502 $5,683 $5,918 $6,207 $6,520 STEP 1 STEP 2 NE 12 POLICE CORPORAL $6,846 $7,009 STEP 1 STEP 2 NE 13 POLICE SERGEANT $7,360 $7,498 Packet Page 95 of 199 A.1.2 Effective January 1, 2015, the wage scale shall be increased across-the-board by 2.5%. A.1.3 Effective January 1, 2016, the wage scale shall be increased across-the-board by 2.5% A.2 Longevity Pay – An Employee shall receive in addition to their monthly rate of pay set forth within Section A.1, monthly Longevity Pay in accordance with the following. SENIORITY MONTHLY LONGEVITY PAY After 5 years 2% of Employee’s monthly rate of pay After 10 years 4% of Employee’s monthly rate of pay After 15 years 6% of Employee’s monthly rate of pay A.3 Physical Fitness Pay – Any Second Class Police Officer who has completed the twelve (12) month probation period, and any other Employee who fulfills the Physical Fitness Standards set forth within APPENDIX “C” shall receive in addition to their monthly rate of pay set forth within Section A.1, as further amended by Section A.12 and all subsequent wage increases, a monthly Physical Fitness Pay equal to one and one-half percent (1.5%) of the above referenced monthly rate of pay, provided the Chief of Police has discretion to waive the testing requirements as he deems appropriate. With the exception of injuries incurred while on-duty, any Officer who is unable to participate in the annual Physical Fitness testing process for medical reasons exceeding ninety (90) days duration beyond the last scheduled primary testing date will be deemed ineligible to collect the Physical Fitness Pay for the next calendar year. Each Employee injured while on duty is entitled to one year’s compensation per individual injury with a doctor’s written waiver. A.4 Education Pay – Any First Class Police Officer or Employee of a higher classification shall receive in addition to their monthly rate of pay set forth within Section A.1, as further amended by Section A.12 and all subsequent wage increases, monthly Education Pay in accordance with the following: JOB RELATED COLLEGE CREDITS MONTHLY EDUCATION PAY AA degree or 90 credits 2% of Employee’s monthly rate of pay 135 credits 4% of Employee’s monthly rate of pay BA degree 6% of Employee’s monthly rate of pay A.4.1 Job related college credits shall mean all credits accepted by a nationally accredited college or university. A.5 Specialty Assignments A.5.1 Detective Assignment – Each Detective position, with the exception of the Narcotics Sergeant (which is governed by a Inter local agreement), shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment, for up to six (6) months, for good cause and based on department need. The Chief of Police may designate one (1) Detective position for every two (2) assigned Detective positions, excluding Detective Sergeants and the Narcotics Detective, as having an “indeterminate rotation” period to provide for a core of experienced Detectives in assignments such as Crimes Against Persons, Sexual Assault, Intelligence and/or Computer crimes. After a minimum of five (5) years, the incumbents in the designated positions will be reviewed annually for extension based on overall performance and department need criteria. The designated positions are not considered permanent Packet Page 96 of 199 assignments and are subject to rotation at the discretion of the Chief of Police at the end of each annual review. In the absence of extenuating circumstances, or promotion, candidates will be expected to serve a minimum of three (3) years in the assignment before voluntarily leaving. At the conclusion of any full five (5) year rotation cycle, the currently assigned Detective may re-apply for the position, with the understanding that they will receive no special preference in the selection process. The Chief of Police will make all Detective selections based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. All Detective positions shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. If the currently assigned Detective in a five (5) year rotation position is selected, that person will have a two (2) year full rotation cycle. Unless, the incumbent is the sole applicant pursuant to the selection process, and whereby the Chief of Police desires to reappoint the incumbent to the same position, said rotation cycle shall be five years in duration. An Employee who is regularly assigned duties as a Detective shall receive a four percent (4.0%) pay incentive while so acting in such capacity. However, in recognition of the use of an assigned Employer or governmental vehicle, any Detective assigned to the South Snohomish County Narcotics Task Force or to the Joint Terrorism Task Force shall receive a three percent (3%) pay incentive. A.5.2 Motorcycle Assignment – Each Motorcycle position shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment, for up to six (6) months, for good cause and based on department need. The Chief of Police may designate a maximum of one (1) Motorcycle position for every two (2) assigned Motorcycle positions to be classified as having an “indeterminate rotation” period to provide for a Criminal Justice Training Commission (CJTC) certified or sanctioned Motorcycle Instructor and/or Collision Reconstructionist. After a minimum of five (5) years, the incumbent in the designated position will be reviewed annually for extension based on overall performance and department need criteria. The designated position is not considered a permanent assignment and is subject to rotation at the discretion of the Chief of Police at the end of each annual review. In the absence of extenuating circumstances, or promotion, candidates will be expected to serve a minimum of three (3) years in the assignment before voluntarily leaving. At the conclusion of any full five (5) year rotation cycle, the currently assigned Motorcycle Officer may re-apply for the position, with the understanding that they will receive no special preference in the selection process. The Chief of Police will make the selection based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. All Motorcycle positions shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. If the currently assigned Motorcycle Officer in a five (5) year rotation position is selected, that person will have a two (2) year full rotation cycle. Unless, the incumbent is the sole applicant pursuant to the selection process, and whereby the Chief of Police desires to reappoint the incumbent to the same position, said rotation cycle shall be five years in duration. Packet Page 97 of 199 An Employee who is regularly assigned Motorcycle duties shall receive a three percent (3.0%) pay incentive while so acting in such capacity. An Employee that is trained to the level of Collision Reconstructionist will be considered a Traffic Detective and shall receive four percent (4%) pay incentive while acting in such capacity. A.5.3 Traffic Officer Car Assignment Each Traffic Officer assigned to a car position shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment, for up to six (6) months, for good cause and based on the department need. The Chief of Police may designate a maximum of one (1) Traffic Officer position to be classified as having an “indeterminate rotation” period to provide for a Collision Reconstructionist or Drug Recognition Expert (DRE). After a minimum of five (5) years, the incumbent in the designated position will be reviewed annually for extension based on overall performance and department need criteria. The designated position is not considered a permanent assignment and is subject to rotation at the discretion of the Chief of Police or designee at the end of each annual review. At the conclusion of any full five (5) year rotation cycle, the currently assigned Traffic Officer may re-apply for the position, with the understanding that they will receive no special preference in the selection process. The Chief of Police will make the selection based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. All Traffic Officer positions shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. If the currently assigned Traffic Officer in a five (5) year rotation position is selected, that person will have a two (2) year full rotation cycle. Unless, the incumbent is the sole applicant pursuant to the selection process, and whereby the Chief of Police desires to reappoint the incumbent to the same position, said rotation cycle shall be five years in duration. An Employee who is regularly assigned Traffic Officer duties shall receive a three percent (3%) pay incentive while so acting in such capacity. An Employee that is trained to the level of Collision Reconstructionist will be considered a Traffic Detective and shall receive four percent (4%) pay incentive while acting in such capacity. A.5.4 K-9 Officer Assignment - Each K-9 Officer position shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment to include the length of the dogs working life, or for up to six (6) months for other good cause and based on department need. In the absence of extenuating circumstances, or promotion, candidates will be expected to serve a minimum of three (3) years in the assignment before voluntarily leaving. At the conclusion of any full rotation cycle, the currently assigned K-9 Officer may re-apply for the position, with the understanding that they will receive no special preference in the selection process. The Chief of Police will make the selection based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. The K-9 Officer position shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. An Employee who is regularly assigned K-9 Officer duties shall receive a three percent (3.0%) pay incentive while so acting in such capacity. The K-9 Officer shall also Packet Page 98 of 199 receive fifteen (15) hours compensatory time per calendar month, at straight time, while so acting in such capacity. A.5.5 Any Employee who is regularly assigned as; o Professional Standards Sergeant Assignment o Administrative Sergeant Assignment o Training Corporal Assignment shall receive a four percent (4.0%) pay incentive while acting in such capacity. The above noted positions shall be on a five (5) year rotation cycle under the same terms as noted in A.5 pertaining to five (5) year rotational positions only. A.5.6 Special Operations Sergeant – A Special Operations Sergeant (Spec Ops Sgt) will be assigned as a uniform position, in Field Services Division, shall be on a five (5) year rotation, except that the Chief of Police may extend any assignment, for up to six (6) months, for good cause and based on the department need. At the conclusion of any full five (5) year rotation cycle, the currently assigned Special Operations Sergeant may re-apply for the position with the understanding that they will receive no special preference in the selection process. The Chief of Police will make the selection based upon the Employees applying for the position and their attributes. The term attributes is to include consideration of the career development needs of the individual and the organization. All Special Operations Sergeant positions shall be, at the origination and termination, for just cause. Termination for just cause may occur at any time during the assignment. If the currently assigned Special Operations Sergeant in a five (5) year rotation position is selected, that person will have a two (2) year full rotation cycle. Unless, the incumbent is the sole applicant pursuant to the selection process, and whereby the Chief of Police desires to reappoint the incumbent to the same position, said rotation cycle shall be five years in duration. An Employee who is regularly assigned Special Operations Sergeant duties shall receive a three percent (3%) pay incentive while so acting in such capacity. An Employee that is trained to the level of Collision Reconstructionist will be considered a Traffic Detective Sergeant and will receive a total of 4% pay incentive while so acting in such capacity. A.5.7 For the purposes of term of assignment for personnel assigned to specialty positions herein and who are receiving incentive pay for such assignment, the parties agree that when an incumbent is the sole applicant for the same assignment upon completion of either a five year term of service, or an additional two year term of service, the new rotation cycle will be for a five year period, subject to reappointment by the Chief of Police. A.5.8 Street Crimes Unit - Each Street Crimes position (Sergeant or Officer) shall be on a three year rotation except that the Chief of Police may extend any assignment for up to six months for good cause and based on Department need, or in the case of initial assignment to the Unit, said term of rotation for an officer position is agreed to be three years plus an additional six months to provide for overlap transition of personnel within the Unit. At the conclusion of any full three year rotation cycle (or in the case of a Packet Page 99 of 199 staggered appointment, an original three year plus six months rotation cycle), the currently assigned Street Crimes Sergeant or Street Crimes Officer may re-apply for the position, with the understanding that they will receive no special preference in the selection process; that the Chief of Police will make the selection based upon the employees applying for the position and their attributes, including consideration of the career development needs of the individual and the organization. If the currently assigned Street Crimes Sergeant or Street Crimes Officer in a three year (or three years plus six months) rotation position is selected, that person will have a one year rotation cycle, except that under the specific circumstance when the solicitation for applicants is posted and the incumbent is the sole applicant pursuant to the selection process, and the Chief of Police desires to reappoint the incumbent to the same position, said rotation cycle will be of three years duration. All Street Crimes positions shall be at the origination and termination for just cause. Termination for just cause may occur at any time during the assignment. The work schedule rotation will be four days on/two days off, then four days on/four days off, 10 hour work days, working Wednesday through Saturday, with Sunday and Monday off, then working Tuesday through Friday, with Saturday through Tuesday off, and the hours of work will be 1600 to 0200, subject to short notice for schedule changes and subject to approval of the Assistant Chief of Police – Field Services. It is understood that the parties may further modify the work schedule rotation and normal hours of work specified herein upon mutual written agreement to be made part of this collective bargaining agreement. An Employee who is regularly assigned to a Street Crimes position shall receive a four percent (4%) pay incentive while so acting in such capacity. A.6 Pay Step Advancement – Advancement to the next higher pay Step shall be made after an Employee has been paid at a given pay Step for the period of time designated in Section A.1. If the completion of such period of time occurs at other than the beginning of a semi-monthly pay period, the advancement to the next pay Step shall become effective at the beginning of a semi-monthly pay period. A.7 Promotional Reclassification – An Employee promoted from one classification to another shall be placed into the lowest pay Step of the higher classification which still provides for a monthly minimum rate of pay, five percent (5%) higher than that currently being received by the promoted Employee. A.8 Demotion Reclassification – An Employee demoted from one classification to another shall be placed into the pay Step affording the same number of months service time that the Employee had prior to the demotion to the lower classification. A.9 Classification of Patrol Officers – Newly employed Officers without prior significant experience shall be classified as Second Class Patrol Officers in Pay Grade NE9. After one (1) year of employment Officers shall be qualified to advance to First Class Patrol Officer in Pay Grade NE11. Advancements are subject to Civil Service Commission Rules and Regulations. Laterals will be hired at NE11 Step C/IV and will receive a Step increase at the completion of probation. Packet Page 100 of 199 A.10 The rates of pay set forth within Section A.1 provide for the maximum time an Employee shall be employed in any one particular pay Step. The Employer shall have the right to place a New Hire Employee in any pay Step set forth within Section A.1, in which event, advancement of said Employee to each of the next higher pay Steps shall be automatic upon completion of six (6) months in pay Step 1 and/or twelve (12) months in each higher pay Step except as noted in Section A.10. A.11 Out of Class Pay – First Class Officers working Out of Classification shall be paid at the Corporals rate of pay. A.12 Compensation of FTOs – Certified Field Training Officers when actually performing as an FTO in the training of entry level or lateral entry police officers in a formal field training program shall be compensated at the rate of one hour of straight time compensatory time per shift of training. No compensation shall be paid when not actually engaged in training of new officers. A.13 Deferred Compensation - Starting January 1, 2014 the City will contribute 2% of the employees’ base wage into a deferred compensation plan of the employees’ choice. The employee will choose one of the three plans currently offered by the City. Packet Page 101 of 199 APPENDIX “B” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. APPENDIX “B” BILL OF RIGHTS B.1 Employee Rights: It is agreed that the City has the Right to discipline, suspend, or discharge any Employee for just cause. B.2 Bill of Rights: B.2.1 In an effort to ensure that investigations made by an Officer as designated by the Chief of Police of the Police Department are conducted in a manner which is conducive to good order and discipline, the Employees shall be entitled to the protection of what shall hereafter be termed as the “Employee Bill of Rights.” B.2.2 Every Employee who becomes the subject of an Internal Affairs (I/A) investigation, as defined by department policy, shall be advised in writing at the time of the interview that they are suspected of: (a) Committing a criminal offense; or (b) Misconduct that would be grounds for termination, suspension, or other economic sanction; or (c) Not being qualified for continued employment with the Police Department (such as job competency or fitness for duty). B.2.3 Any Employee who becomes the subject of a criminal investigation shall have all Rights accorded by the State and Federal Constitutions and Washington State law. B.2.4 The Employee under investigation must, at the time of an interview, be informed of the name of the Officer in charge of the investigation and the name of the Officer who will be conducting the interview. B.2.5 Forty-eight (48) hours before an Internal Affairs (I/A) Investigation interview commences, any Employee who is the subject of an Internal Affairs Investigation shall be informed, in writing, of the nature of the investigation, that the Employee is considered a “suspect” in the investigation and shall include the following information: o Who is the complainant or the victim, o what reportedly took place, Packet Page 102 of 199 o when it happened, o and where it happened. No forty-eight (48) hour notice is required for, Employees subject to Investigations that will not result in any economic sanction, e.g. a Complaint Investigation; however if the Employee requests to contact an Association Representative, appropriate time will be allowed prior to the interview. Employees who are given a forty-eight (48) hour notification may waive that delay by signing a written waiver form. No forty-eight (48) hour notice or Association Representation is required for an Employee listed as a “witness” in an I/A or for routine Supervisor/Subordinate inquiries that will not result in any economic sanction. B.2.6 The interview of an Employee shall be at a reasonable hour, preferably when the Employee is on duty, unless the exigency of the interview dictates otherwise. Whenever practical, interviews shall be scheduled during the normal workday of the City. B.2.7 At the cost of the requesting party and in accordance with Washington State Law, RCW 9.73, the Employee or City may request that an investigative interview be recorded, either mechanically or by a stenographer. There can be no “off-the-record” questions. Upon request, the Employee under an investigation shall be provided an exact copy of any written statement the Employee has signed or, at the Employee’s expense, a verbatim transcript of the interview. B.2.8 The Employee may be required to answer any questions in an investigation and will be afforded all Rights and privileges to which they are entitled under the laws of the State of Washington or the United States. Prior to being ordered to respond to any question, the Employee will be notified in writing and acknowledge receipt of the following: “You are about to be questioned as part of an internal investigation being conducted by the Police Department. You are hereby ordered to answer the questions which are put to you which relate to your conduct and/or job performance and to cooperate with this investigation. Your failure to cooperate with this investigation can be the subject of disciplinary action in and of itself, including dismissal. The statements you make or evidence gained as a result of this required cooperation may be used for administrative purposes but will not be used or introduced into evidence in a criminal proceeding.” Employees who are subject to a Criminal Investigation shall be advised of their Miranda Rights. B.2.9 Interviewing shall be completed within a reasonable time and shall be done under circumstances devoid of intimidation or coercion. Written notice shall be provided forty-eight (48) hours prior to any Investigative (I/A) interview subject to the notice requirements of Section B.2.2. As noted in Section B.2.2 the Employee may provide a written waiver of Packet Page 103 of 199 the forty-eight (48) hour requirement. The Employee shall be afforded an opportunity and facilities to contact and consult with their Association Representative before being interviewed if requested. The Employee may be represented by the Association Representative to the extent permitted by law. The Employee shall be entitled to such reasonable intermissions as the Employee shall request for personal necessities, meals, telephone calls, consultation with their Representative, and rest periods. B.2.10 The Employee shall not be subjected to any profane language nor threatened with dismissal, transfer or other disciplinary punishment as a guise to obtain the resignation of said Employee nor shall the Employee be subjected to intimidation in any manner during the process of interrogation. No promises or rewards shall be made to the said Employee as an inducement to answer questions. B.2.11 Investigations shall be concluded within a reasonable period of time as defined in Section 1020 of the Department Policy Manual. Within a reasonable period after the conclusion of the investigation and no later than forty-eight (48) hours prior to a pre-disciplinary hearing, the Employee shall be advised of the results of the investigation and the potential disposition (which may include a range of possible discipline) and shall be provided a copy of the investigatory file. In the event an investigation is sustained but no discipline is to be imposed because it was not completed within established timelines, the Employee is still entitled to a Loudermill hearing and appeal process. (NOTE: Time frames for complaint investigations increased from 30 to 45 days; internal affairs investigations increased from 60 to 90 days. Section 26.1.4 of the Department Policy Manual will be changed accordingly.) B.2.12 All interviews shall be limited in scope to activities, circumstances, events, conduct or actions which pertain to the incident which is the subject of the investigation. Nothing in this section shall prohibit the Employer from questioning the Employee about information which is developed during the course of the investigation. B.2.13 No Employee shall be requested or required to submit to a polygraph test or to answer questions for which the Employee might otherwise properly invoke the protection of constitutional amendment against self- incrimination, except as required pursuant to Section B.2.8. Nor shall any Employee be dismissed for or shall any other penalty be imposed upon the Employee solely for a failure to submit to a polygraph test or to answer questions for which the Employee might otherwise invoke the protection of any constitutional amendment against self-incrimination; and provided further that this provision shall not apply to either the initial application for employment or to persons in the field of public law enforcement who are seeking promotion. Should any section, subsection, paragraph, sentence, clause or phrase in this Article be declared unconstitutional or invalid, for any reason, such decision shall not affect the validity of the remaining portions of this Article. Packet Page 104 of 199 B.2.14 Medical or Psychological Examinations: B.2.14.1 The Employer retains the right to require Employees to submit to medical or psychological examinations when there exists good cause to believe an Employee is unfit for duty. Any relevant medical history of the Employee which the examining professional conducting a psychological evaluation requests shall be released by the Employee only to the examining professional. B.2.14.2 The examining professional shall issue a written report to the Employer, as the client, provided however, that such report shall indicate only whether the Employee is “fit” or “unfit” for duty and in the event an Employee is unfit the expected prognosis and recovery period as well as any accommodations which could be made to allow an Employee to return to duty consistent with the attached form (APPENDIX “B-1”). The report shall be made available to the Employee. B.2.14.3 The Association shall have an opportunity at its expense, to discuss with the Employer’s examining professional their conclusion and reasons therefore. If the Employee believes that the conclusions of the examining professional are in error, they may obtain an additional examination at their own expense and the Employer will provide the examining professional with documents which were utilized by the Employer's examining professional. In the event, the Employee and/or Association seek to contest the conclusion of the first examining professional, the Employee’s report shall be in writing and shall be available to the Employer. The report shall be kept as confidential medical information and any use outside of the accommodation or fit for duty process shall be subject to a written medical release by the Employee. The Employee shall authorize the second examining professional to respond to reasonable questions clarifying the opinion, at the Employer’s expense. Nothing herein prohibits the examining professionals from making safety disclosures required by law. B.2.14.4 The Employer will undertake to have the Employer's examining professional make themselves available to answer appropriate questions by the examining professional, at the Association’s expense, who conducts the independent examination. B.2.14.5 Should an Employee Grieve a disciplinary or discharge action taken as a result of an examination, the Employer shall allow release of the examination and supporting documents upon which it relies for the action, and all other prior examinations of the Employee. B.2.14.6 Should an Employee Grieve a demotion, discharge or other action subject to the Grievance process, taken as a result of an examination, the Employer and Employee shall allow release of all examinations and supporting documents upon which it will rely in the proceedings, and all other prior examinations of the Employee determined to be relevant by the Grievance Arbitrator after a confidential review by the Arbitrator. Packet Page 105 of 199 B.2.15 Personnel Records: (a) Contents: A "personnel file" shall be defined as any file pertaining to the Bargaining Unit member's employment status, work history, training, disciplinary records, or other personnel related matters pertaining to the Bargaining Unit member. It is further understood that a personnel file does not include material relating to medical records, pre-appointment interview forms, Internal Affairs files, or applicant background investigation documents such as, but not limited to, psychological evaluations and polygraph results. (b) The Employer will promptly notify an Employee upon receipt of a court order, subpoena or a public disclosure request for information in the Employee's personnel file. The Employer will also provide at least seventy-two (72) hours’ notice before releasing any requested documents, provided, however, that in the event the City is required to respond to a subpoena or other court order in a time frame less than seventy-two (72) hours, it will provide prompt notice of its response date. The Employer will allow the Employee and the Association the fullest possible opportunity to legally object to unwarranted disclosures. (c) Each Employee's personnel files shall be open for review by the Employee, provided that Employees shall not have the right to review psychological evaluations or supervisor's notes prepared for the purpose of preparing Employee's evaluations which are destroyed after the evaluation is prepared. The Employer shall maintain no secret personnel files not subject to inspection. (d) All Complaints, Internal Affairs Investigations and Review Board findings resulting in disciplinary action consisting of suspensions of less than ten (10) days or any lesser form of discipline, will be purged from individual personnel files after three (3) years, and from all other files after seven (7) years, or as required by the State Archivist, whichever is longer, with the following exceptions: (1) Any instances where subsequent disciplinary action was relied upon as part of a process of progressive discipline. (2) When required by law to be retained, such as instances covered by the Federal Rehabilitation Act or the Americans with Disabilities Act. All such files will be retained in a separate confidential medical file only. Any records involved in any stage of litigation or other judicial process will be purged from the personnel file according to the schedule above but may be retained by the Department in a separate litigation discovery file. All complaints and internal affairs investigations resulting in disciplinary action of a ten (10) or more day suspension, demotion or termination will not be purged. All files noted in this policy shall be kept confidential to the full extent permitted by law or the Collective Bargaining Agreement and the Rights created there under. In the event of a request for release or review of an investigative or disciplinary file, the Employee to whom the file relates will be provided written notice of the request and the City’s intended response prior to the date of release. Packet Page 106 of 199 B.2.16 USE OF FORCE: B.2.16.1 Statement of Purpose: The parties recognize that adequate training is critical for preventing unnecessary use of force and for minimizing the impact on an Employee who is involved in a situation where force must be used. The Department recognizes that it is its obligation to provide adequate training in this area, including the reactions of Employees in critical instances and in dealing with problems that result after being involved in a critical incident. B.2.16.2 Procedures: Any time an incident occurs involving a use of lethal force, against a person, the following will apply: B.2.16.3 When an Employee, whether on or off duty, uses lethal force which results in the injury or death of a person, or discharges a firearm in which no injury occurs, the Employee shall not be required to make a written or recorded statement for forty-eight (48) hours after the incident, except that immediately following the incident the Employee shall verbally report to a Superior a brief summary of the incident and any information necessary to secure evidence, identify witnesses, or apprehend suspects or similar information necessary to preserve the immediate safety of the public and fellow officers. The affected Employee may waive the requirement to wait forty-eight (48) hours. Beyond that the Department will not question the Employee(s) regarding any information regarding the incident, but will immediately inform the Employee involved in the incident that they have the Right to be allowed prompt access to any of the following: (a) Their spouse; (b) The Association's attorney and the attorney's agents; (c) The Employee’s personal attorney; (d) Psychologists, psychotherapists, or ministers depending upon the Employee’s choice and (e) Peer Support Counselor. The Department will encourage the Employee to have access to any of the above listed persons and to promptly do so telephonically if the Employee so requests. Any discussions about the incident that the Employee has with the above-mentioned personnel shall be confidential. The Department and the Association shall mutually agree on designated Peer Support Counselors and appropriate training. B.2.16.4 The Department or its designee will conduct a thorough and competent investigation of the incident, including using the appropriate techniques for preservation of the scene if relevant where the use of force took place. All reports and findings from this investigation, following a determination as to whether criminal charges should be filed, will be promptly made available to the Association upon request. If the Department must preserve a chain of custody for weapon or weapons utilized in the incident, the Employee will be promptly issued replacement weapons unless it is inappropriate to do so. Packet Page 107 of 199 B.2.16.5 The Department or its designee will assign a properly trained interviewer to interview the Employee. The interviewer will be trained in the appropriate techniques of interview, interrogation and investigation of “Officer Involved Shooting.” If there are multiple investigators assigned because of the concurrent investigations that are underway, the investigators will coordinate so that one investigator will be primarily responsible for the interview. All reasonable attempts will be made to minimize the need for successive interviews. B.2.16.6 No statement will be required within forty-eight (48) hours after the incident except as indicated above. The interview of the Employee involved in a lethal force situation will be done under circumstances intended to minimize the traumatic affect of the interview on the Employee. The Employee will be given reasonable breaks and periods to prepare for the interview, and be given reasonable telephonic access to the above listed personnel during the interview upon request. Additionally, the Employee shall have a Right to be represented during the interview by an Association Representative or the Employees attorney. If requested, the interview will be postponed until the Employee has had a reasonable opportunity to seek prompt professional counseling before the interview takes place. B.2.16.7 In the discretion of the Department, the Employee may be placed on administrative duty and assigned to responsibilities in training or other administrative areas with the specific nature of the Employee’s duty to be assigned by the Department in consultation with the Employee. The Department may also place the Employee on administrative leave. The request to be considered for an administrative assignment or administrative leave may be initiated by the Employee. B.2.16.8 While on administrative assignment or leave, the Department will allow access to the Employee’s choice of licensed mental or medical health professional without loss of pay or benefits to the Employee. B.2.16.9 When either the Employee or the Employer believes that the Employee should return to the Employee’s regular assignment, at the Employer’s option the Employee will provide a letter from their licensed psychologist or medical doctor indicating that the Employee is ready to return to their regular duties or to modified duties. The Employer at its option may request an independent medical psychological exam, which will be conducted in conformity with the procedures outlined in this agreement and the Americans with Disabilities Act (ADA). B.2.16.10 While on administrative leave and after returning to duty, the Employee will be encouraged and allowed full access for up to four (4) sessions with licensed mental or medical health professional without loss of pay or benefits to the Employee while participating in such program. Packet Page 108 of 199 APPENDIX “B-1” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION I, _________________________, hereby authorize Dr. _________________________ to (Employee Name) (Doctors Name) provide the following medical information to my Employer, the City of Edmonds. In accordance with Sections 102(c)(B), 102(c)(C) and 102(c)(4)(C) of the Americans with Disabilities Act, the above named Doctor is required to maintain all medical records in association with their examination of me on separate forms and in separate medical files and must treat those records as a confidential medical record with the following exceptions: The Doctor will issue a written report to the Employer and the Employee. The report shall be a “Functional Diagnosis.” Functional Diagnosis is defined as: The evaluation by a physician or psychologist (“treating professional”) of how an underlying but undisclosed disability may affect an individual’s performance in the workplace. The treating professional may outline symptoms, impediments to performance, or other impacts which the Employee may display in order to reasonably accommodate the Employee’s return to work. The functional diagnosis shall be kept confidential as private health care information pursuant to the Americans with Disabilities Act and released only to the Chief of Police and Assistant Chiefs of Police; and, when appropriate, emergency medical personnel. Furthermore, I authorize the Doctor if they determine that I am able to perform the essential functions of my job, to so inform my Employer. This release is intended to grant no further access to my confidential medical records than the Americans with Disabilities Act allows and the examining physician is instructed accordingly. NOTE: This federal law creates a cause of action against any individual who violates its provisions. ______________________________ ______________________________ (Patient/Employee’s Signature) (Date) Packet Page 109 of 199 APPENDIX “C” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. C.1 Pursuant to Article A.3 of the Agreement between the parties signatory hereto, the following shall serve as the controlling document with respect to the establishment of a Physical Fitness Program and the procedures by which the aforementioned program shall be administered. C.2 Special tests may be requested by Employees who have physical handicaps or limitations, which interfere with the ability to do one or more of the regular tests. Special tests, if requested, will be devised by the treating doctor at the Employee’s expense, and approved by the Police Department, unless the injury was incurred on duty. Approval is contingent on such tests being approximately equivalent to the regular test in terms of the ability tested. In all cases, the treating doctor must certify in writing that the physical handicap, injury or limitation does not prevent the Officer from performing the essential functions of the job of a police officer. (MOU 3-1-06) C.3 Employees of the Police Department may submit to the Physical Fitness Test set forth herein, or modification thereof pursuant to Section C.2 of this Appendix. The primary test will be scheduled annually by the department during the month of September, unless waived by the Chief of Police pursuant to Section A.3 of the CBA. In the event of a waiver all Members of the bargaining unit will be compensated for the ensuing calendar year. A reasonable number of make-up dates will be scheduled as needed for the primary test if the Employee has an excused absence approved by their Division Commander. Each Employee shall be allowed only one opportunity to pass each event within the fitness test. Any Employee unable to pass the primary Physical Fitness Test may be afforded one opportunity, upon their written request, to repeat the entire test prior to December 31st. The compensation period will run from January 1 through December 31 of each year based on the previous year’s test. New Employees who become eligible for the Physical Fitness incentive prior to the annual test period will be compensated until the next test period if they successfully completed an equivalent Physical Fitness Test at the time of hiring. C.4 The Employer shall purchase a group membership at the Harbor Square Athletic Club for all Edmonds Police Officers covered by this Agreement. Any increase in the group membership or hourly court rate shall be borne by the Employer. C.5 Employees shall be compensated in pay at the applicable straight time or overtime rate when required to take Physical Fitness Tests. A retest as outlined in Section C.3 is not a required test and will not be compensated if taken while off duty. Exercise, conditioning and racquetball shall be on an individual and voluntary basis without compensation. Packet Page 110 of 199 C.6 Employees shall cooperate with the physician in efforts to experiment with and improve the tests and standards contained herein. C.7 All Employees who are classified as Law Enforcement Officers and Fire Fighters Act II (LEOFF II) Employees shall be protected against loss of pay for time off work due to any injury sustained while participating in authorized Harbor Square Athletic Club conditioning programs. Should a LEOFF II Employee become disabled due to an injury of the aforementioned nature, the Employer shall compensate the Employee for all time off work beyond depletion of any accrued sick leave benefits until such time as the Employee shall have begun to receive State Disability Benefits, provided that the Employer shall receive credit for any other employment or disability benefits received by Employee during that time. C.8 Every three (3) years each Employee shall be given the option to obtain a blood scan and treadmill test from a physician designated by the Employer. These tests will be provided at the Employer’s expense. Employees shall not be compensated for the time involved for these tests. C.9 The medical records shall be maintained in the office of the examining physician. C.10 Physical Test Description – The physical tests shall be those attached to this amendment. The flexibility and body fat tests, while required, shall be advisory only. The results of these tests shall be made available to the Employer. C.11 The City agrees to indemnify and hold the Association harmless from liability to any Employee who successfully claims that the physical fitness standards or alternative standards adopted pursuant to this Appendix violate the Employee’s Rights under the ADA or WSLAD or other law governing disability discrimination. CURL-UPS 1. The participant is to lay on their back with knees flexed at ninety (90) degrees or less: feet and calves elevated on bench 16-20 inches high. 2. Both hands should be clasped firmly behind the back of the head. 3. During the curl-up phase, the participant’s hands should remain clasped behind the head; the low back must remain in contact with the floor, while the shoulder blades must clear the floor. 4. The shoulders must touch the floor in the down position. 5. Count the number of correct curl-ups performed during the 2-minutes of metronome timing: the pace may be slower than, but not faster than the metronome. 6. No rest periods are allowed. Cessation of curl-ups terminates the test. Curl Ups Standards – Timed/50 Maximum Age 18-29 30-39 40-49 50-59 Sex M F M F M F M F Qty 31 26 26 21 23 17 19 14 PUSH-UPS 1. The participant is to assume the appropriate up position (see below). The body should be straight and the hands about shoulder width apart. 2. The body should remain rigid throughout the down phase; with the chest coming to within three (3) inches of the floor (a partner can place a fist on the floor beneath the participant’s chest as a general guide). Packet Page 111 of 199 3. From the down phase, the participant must return to the up position with the arms straight. 4. The participant is only permitted to rest in the up position. 5. Count the total number of push-ups the participant performs in one (1) minute. 6. For female Employees, the above technique shall be altered. Female Employees shall complete push-ups in accordance with Entry Level requirements. Push-Ups – 1 Minute Age 21-29 30-39 40-49 50-59 Sex M/F M/F M/F M/F Qty 34/17 25/12 20/8 15/6 1.5 MILE/RUN TEST TIME (MINUTES) Age 20-29 30-39 40-49 50-59 and over Sex M/F M/F M/F M/F Time 13:00/16:57 13:38/17:45 14:17/18:30 16:15/19:30 Packet Page 112 of 199 APPENDIX “D” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the Employer, and the EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association. The parties to this Agreement recognize that pursuant to GR 29(f)(5) of the Washington Rules of Court, the Judge of the Edmonds Municipal Court is responsible for the terms and working conditions of court personnel and the City is responsible for negotiating with regard to the wages of such personnel. The parties therefore have agreed to the following terms and conditions with regard to court security personnel, as follows: 1. Acknowledgement of Coverage. The parties stipulate and agree that court security services performed by armed individuals with the powers of arrest shall be considered bargaining unit work under the Collective Bargaining Agreement (“CBA”) for its commissioned police officers between the Association and the City. Bailiff service performed by unarmed individuals who do not possess a power of arrest shall not be considered bargaining unit work under the CBAs for police support personnel or commissioned officers. The Association is the collective bargaining representative for commissioned police officers and police support personnel under two separate CBAs. 2. Judge’s Discretion. Pursuant to Court Rule 9 the Judge shall, at his sole discretion, determine how security service shall be provided for the Edmonds Municipal Court. If the Judge elects to use unarmed individuals without the power of arrest and whose duties include only the ability to detain individuals pending arrest by a commissioned police officer, these persons shall not be subject to the CBA for its commissioned police officers. 3. Security Services; Commissioned Officers With Powers of Arrest. If the Judge elects to utilize armed individuals with the power of arrest to provide court services, that work shall be considered bargaining unit work and addressed under the terms of this agreement and future CBA, when approved. It is the intent of the parties that this agreement be embodied in any future CBA between the parties, but that binding effect shall not occur until a CBA is approved in full by the Edmonds City Council and the members of the applicable bargaining unit. 4. Personnel Pool Required. The parties agree and stipulate that a minimum pool of at least five interested officers in the bargaining unit are required to provide effective, continuous and trained services to the court. The Association shall be given first opportunity, on an annual basis, to provide a pool of officers for selection as court personnel. This option shall be exercised by October 31st of the preceding year. If the Association fails to exercise its option, or at any time the Association is unable to fill a given court security shift (due to vacation, illness or other reasons), the Judge shall be free to fill additional slots on the court security personnel roster through an interlocal agreement with the City of Mountlake Terrace, or such other law enforcement entity as the Judge in his sole discretion may elect. 5. Payment of Association Members. Officers on the duty roster for court security personnel shall be paid at a base rate for such work equal to two-thirds of their contract rate of Packet Page 113 of 199 pay under the CBA between the parties, or the federal minimum wage, whichever is greater. Such base rate shall include two-thirds of the longevity and any other premium pay to which the individual would be entitled under terms of the CBA. In addition, the parties acknowledge that the following rules shall be utilized to calculate the individual’s final total payment. 5.1 Because officers on the duty roster will normally be assigned to a full 7K exempt work schedule, it is the belief and understanding of the parties that this work shall be subject to an overtime rate. The parties stipulate and agree that in addition to the base rate attached above, the parties shall also be entitled to the normal CBA overtime rate for the position which the individual holds. The overtime rate is believed and stipulated to be in excess of the Fair Labor Standards Act required overtime rate. In the event that the Fair Labor Standards Act would result in an overtime rate higher than that provided by this Agreement, the individual shall be paid such rate, but may be removed from the duty roster by the Judge at his discretion. It is the parties’ understanding and intent that an individual who works additional hours as court security personnel shall be compensated at two-thirds of the normal contract rate of pay for the position that the individual holds with the City be combined with the stipulated overtime rate set by this Agreement. Overtime shall be calculated in accordance with the CBA between the parties rather than the Fair Labor Standards Act so long as that calculation results in a higher rate of pay. It is the parties’ understanding and intent therefore that the contract rate of pay established pursuant to this Agreement and the CBA shall always be in excess of the Fair Labor Standards Act rate. Packet Page 114 of 199 APPENDIX “E” to the AGREEMENT by and between CITY OF EDMONDS, WASHINGTON and the EDMONDS POLICE OFFICERS’ ASSOCIATION (Representing the Law Enforcement Commissioned Employees) THIS APPENDIX is supplemental to the AGREEMENT by and between the, CITY OF EDMONDS, WASHINGTON, hereinafter referred to as the City, and the EDMONDS POLICE OFFICERS’ ASSOCIATION, hereinafter referred to as the Association (EPOA). 2002 City of Edmonds Personnel Policy Sections 10.6 and 10.14 incorporated herein as applicable to the EPOA Membership through the term of this Agreement 10.6 PERSONAL POSSESSIONS AND ELECTRONIC COMMUNICATIONS The City furnishes desks, closets, and/or lockers for security of employee coats, purses, and other personal possessions. The City does not, however, assume responsibility for any theft or damage to the personal belongings of employees and reserves the right to search employee desks, lockers, and personal belongings brought onto City premises, if necessary. Please see Attachment A - INFORMATION SERVICES - ACCEPTABLE USE POLICY - for guidelines on use of City computers. APPENDIX A Information Services Acceptable Use Policy 1.0 Overview The Information Services Division’s intent for publishing an Acceptable Use Policy is not to impose restrictions that are contrary to the City of Edmonds established culture of openness, trust and integrity. The Information Services Division is committed to protecting the City and its employees from illegal or damaging actions by individuals, either knowingly or unknowingly. Internet systems, including but not limited to computer equipment, software, operating systems, storage media, network providing electronic mail, WWW browsing, and FTP, are the property of the City of Edmonds. These systems are to be used for business purposes in serving the interests of the City, and of our customers in the course of normal operations. Effective security is a team effort involving the participation and support of every City employee, who deals with information and/or information systems. It is the responsibility of every computer user to know these guidelines, and to conduct their activities accordingly. 2.0 Purpose The purpose of this policy is to outline the acceptable use of computer equipment at the City. These rules are in place to protect the employee and the City. Inappropriate use exposes the City to risks including virus attacks, compromise of network systems and services, and legal issues. 3.0 Scope This policy applies to regular employees, temporary employees, and all other persons working under the supervision of the City. This policy applies to all equipment that is owned or leased by the City. Packet Page 115 of 199 4.0 Policy 4.1 General Use and Ownership 1. While the City's network administration desires to provide a reasonable level of privacy, users should be aware that the data they create on the computer systems remains the property of the City of Edmonds. Because of the need to protect the network, the City cannot guarantee the confidentiality of information stored on any network device belonging to the City. 2. Employees are responsible for exercising good judgment regarding the reasonableness of personal use. Individual departments are responsible for creating guidelines concerning personal use of Internet systems. In the absence of such policies, employees should consult their supervisor or manager. 3. The Information Services Division recommends that any information, including e-mail, that users consider sensitive or vulnerable be safeguarded. For special assistance on safeguarding information, please contact the Information Services Division. For security and network maintenance purposes, persons authorized by the City may monitor equipment, systems and network traffic at any time. 4. The Information Services Division reserves the right to audit networks and systems on a random and/or periodic basis to ensure compliance with this policy. When requested by the Information Services Division, employees will provide full access to any City work area, computing equipment, and information stored within such equipment. Audits may be conducted to insure the integrity and availability of information and resources, investigate possible security breaches, and monitor user activity. The Information Services Division is also authorized to interactively monitor and log traffic on the City network. 4.2 Security Information 1. Employees should be aware that information processed through a City computer may be accessible to others unless reasonable precaution is exercised. Information, which is confidential, needs to be protected within the system. Employees, who wish to protect confidential information, need to first consult with their Department Director and then with the Information Services Division to determine the appropriate tools to maintain the confidential information. 2. Employees also need to exercise reasonable password security for their workstations. Passwords are required to be changed every 180 days. Employees should not give out their password to others and should not store their password in plain sight. The selection of passwords should also avoid the obvious, such as middle names, birthdates, children's or pet's names. Employees should not leave their workstations unattended, unless reasonable security measures have been taken. This includes locking your computer (CTRL-ALT-DEL, then click the "Lock Computer" button) when leaving your workstation for any significant amount of time. Employees should log out of their computer during non-work hours. Because information contained on portable computers is especially vulnerable, special care should be exercised. For further assistance, please contact the Information Services Division. 3. Postings by employees from the City of Edmonds email address (@edmondswa.gov) to newsgroups should contain a disclaimer stating that the opinions expressed are strictly their own and not necessarily those of the City of Edmonds, unless posting is in the course of business duties. 4. Any workstation used by the employee that is connected to the Internet, whether owned by the employee or the City, shall be continually executing approved virus- scanning software with a current virus database. 5. Employees must use extreme caution when opening e-mail attachments received from unknown senders, which may contain viruses, worms, or Trojan horse code. Packet Page 116 of 199 4.3. Unacceptable Use The following activities are, in general, prohibited. Employees may be exempted from these restrictions during the course of their legitimate job responsibilities. Please contact the Information Services Division for further information on such exemptions. Under no circumstances is an employee of the City of Edmonds authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing the City of Edmonds- owned resources. The lists below are by no means exhaustive, but attempt to provide a framework for activities which fall into the category of unacceptable use. The following activities are strictly prohibited, with no exceptions: System and Network Activities 1. Violations of the copyright protections or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the City. 2. Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, etc.). 3. Installing unauthorized hardware onto the City's network. 4. Revealing your password to others. 5. Using a City computing equipment to actively engage in procuring or transmitting material that is in violation of the City's sexual harassment policy or other hostile workplace laws. 6. Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the employee is not an intended recipient or logging into a server that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. For purposes of this section, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes. 7. Executing any form of network monitoring which will intercept data not intended for the employee's preview, unless this activity is a part of the employee's normal job/duty. 8. Circumventing user authentication or security of any workstation or network, or misrepresenting you as another person on the Internet. 9. Interfering with or denying service to any user other than the employee's workstation (for example, denial of service attack). 10. Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user's terminal session, via any means, locally or via the Internet. 11. Providing lists of or information about the City's employees to parties outside the City of Edmonds. 12. Do not download software from the Internet and install it on the City's computer equipment. 13. Do not use City computers to listen to the radio. Email and Communications Activities 1. Sending unsolicited email messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (email spam). 2. Any form of harassment via email, telephone or paging, whether through language, frequency, or size of messages. 3. Unauthorized use, or forging, of email header information. Packet Page 117 of 199 4. Solicitation of email for any other email address with the intent to harass or to collect replies. 5. Creating or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of any type. 6. Posting the same or similar non-City business-related messages to large numbers of Usenet newsgroups (newsgroup spam). 5.0 Enforcement Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment. 6.0 Definitions Term Definition Spam Unauthorized and/or unsolicited electronic mass mailings. 10.14 SUBSTANCE ABUSE The City's philosophy on substance abuse has two focuses: (1) a concern for the wellbeing of the employee and (2) a concern for the safety of other employees and members of the public. As part of our employee assistance program, we encourage employees who are concerned about their alcohol or drug use to seek counseling, treatment and rehabilitation. Although the decision to seek diagnosis and accept treatment is completely voluntary, the City is fully committed to helping employees who voluntarily seek assistance to overcome substance abuse problems. In most cases, the expense of treatment may be fully or partially covered by the City's benefit program. Please see the EAP counselor for more information. In recognition of the sensitive nature of these matters, all discussions will be kept confidential. Employers who seek advice or treatment will not be subject to retaliation or discrimination. Although the City is concerned with rehabilitation, it must be understood that disciplinary action may be taken when an employee's job performance is impaired because he/she is under the influence of drugs or alcohol on the job. The City may discipline or terminate an employee possessing, consuming, selling or using alcohol, or controlled substances (other than legally prescribed) during work hours. The City may also discipline or terminate an employee who reports for duty or works under the influence of alcohol or controlled substances. An employee may be required to submit to alcohol or controlled substance testing when the City has reasonable suspicion that the employee is under the influence of controlled substances or alcohol. Refusal to submit to testing, when requested, may result in immediate disciplinary action, including termination. City employees who operate emergency vehicles or hold commercial driver's licenses ("CDLs") and operate commercial motor vehicles while employed by the City are subject to additional rules and regulations imposed by the federal government. These regulations require urine drug testing and alcohol breath testing in the following circumstances: pre-employment; reasonable suspicion; post-accident; return to duty testing; random testing. Packet Page 118 of 199 CDL holders who test positive must be removed from their motor vehicle operator duties and are subject to discipline, up to and including termination. CDL holders should consult the City's CDL policy for the additional details concerning these rules. Based on the federal Drug-Free Workplace Act, the manufacturing, distribution, dispensation, possession and use of unlawful drugs or alcohol on City premises or during work hours by City employees is strictly prohibited. Violation of this policy can result in disciplinary action, including termination. Continued poor performance or failure to successfully complete a rehabilitation program is grounds for termination. Packet Page 119 of 199    AM-6909     8. A.              City Council Committee Meetings Meeting Date:06/10/2014 Time:10 Minutes   Submitted For:Scott James Submitted By:Sarah Mager Department:Finance Committee: Finance Type: Information Information Subject Title 2014 April Budgetary Financial Report Recommendation N.A. For informational purposes only. Previous Council Action N.A. Narrative Attachments 2014 April Budgetary Financial Report Form Review Inbox Reviewed By Date Finance Scott James 06/05/2014 08:09 AM City Clerk Scott Passey 06/05/2014 08:56 AM Mayor Dave Earling 06/05/2014 10:03 AM Finalize for Agenda Scott Passey 06/05/2014 11:08 AM Form Started By: Sarah Mager Started On: 06/04/2014 04:32 PM Final Approval Date: 06/05/2014  Packet Page 120 of 199 CITY OF EDMONDS MONTHLY BUDGETARY FINANCIAL REPORT APRIL 2014 Packet Page 121 of 199 1 Page 1 of 1 Fund No.Title 2014 Amended Budget 4/30/2013 Revenues 4/30/2014 Revenues Amount Remaining % Received 001 GENERAL FUND 39,005,697$ 9,353,758$ 12,575,092$ 26,430,605$ 32% 009 LEOFF-MEDICAL INS. RESERVE 594,946 91 448 594,498 0% 011 RISK MANAGEMENT FUND 903,858 220,100 73 903,785 0% 012 CONTINGENCY RESERVE FUND 527,115 1,443 7,390 519,725 1% 013 MULTIMODAL TRANSPORTATION FUND - - 11 (11) 0% 014 HISTORIC PRESERVATION GIFT FUND 8,000 691 1 7,999 0% 016 BUILDING MAINTENANCE 679,800 59 187,621 492,179 28% 104 DRUG ENFORCEMENT FUND 20,075 17,240 18,173 1,902 91% 111 STREET FUND 1,712,100 456,437 417,919 1,294,181 24% 112 COMBINED STREET CONST/IMPROVE 9,161,607 762,877 1,017,194 8,144,413 11% 117 MUNICIPAL ARTS ACQUIS. FUND 91,473 6,563 16,201 75,272 18% 118 MEMORIAL STREET TREE 25 5 21 4 83% 120 HOTEL/MOTEL TAX REVENUE FUND 54,140 15,897 17,277 36,863 32% 121 EMPLOYEE PARKING PERMIT FUND 20,308 5,687 9,331 10,977 46% 122 YOUTH SCHOLARSHIP FUND 1,623 14 60 1,563 4% 123 TOURISM PROMOTIONAL FUND/ARTS 18,200 12,348 5,899 12,301 32% 125 REAL ESTATE EXCISE TAX 2 904,343 311,571 263,497 640,846 29% 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 904,243 311,380 262,101 642,142 29% 127 GIFTS CATALOG FUND 43,708 18,661 21,329 22,379 49% 129 SPECIAL PROJECTS FUND 4,000 166,187 41,902 (37,902) 1048% 130 CEMETERY MAINTENANCE/IMPROVEMT 160,136 32,761 50,391 109,745 31% 132 PARKS CONSTRUCTION FUND 1,540,000 143,231 123,325 1,416,675 8% 136 PARKS TRUST FUND 186 216 175 11 94% 137 CEMETERY MAINTENANCE TRUST FD 12,970 3,875 6,067 6,903 47% 138 SISTER CITY COMMISSION 4,519 2 3,003 1,516 66% 139 TRANSPORTATION BENEFIT DISTRICT 645,000 202,657 205,135 439,865 32% 211 L.I.D. FUND CONTROL 28,600 5,916 1,408 27,192 5% 213 L.I.D. GUARANTY FUND 28,626 7 47 28,579 0% 231 2012 LT GO DEBT SERVICE FUND 1,022,689 - - 1,022,689 0% 232 2014 DEBT SERVICE FUND 966,286 - - 966,286 0% 411 COMBINED UTILITY OPERATION - 74,291 89,500 (89,500) 0% 421 WATER UTILITY FUND 6,249,596 1,773,207 2,097,300 4,152,296 34% 422 STORM UTILITY FUND 3,630,158 1,182,378 1,317,302 2,312,856 36% 423 SEWER/WWTP UTILITY FUND 8,347,200 2,731,502 2,548,534 5,798,666 31% 424 BOND RESERVE FUND 840,816 - - 840,816 0% 511 EQUIPMENT RENTAL FUND 1,478,108 461,053 502,843 975,265 34% 617 FIREMEN'S PENSION FUND 45,379 52 212 45,167 0% 627 BUSINESS IMPROVEMENT DISTRICT - 11,925 45,745 (45,745) 0% 79,655,530$ 18,284,081$ 21,852,527$ 57,803,003$ 27% CITY OF EDMONDS REVENUES BY FUND - SUMMARY Packet Page 122 of 199 2 Page 1 of 1 Fund No.Title 2014 Adopted Budget 4/30/2013 Expenditures 4/30/2014 Expenditures Amount Remaining % Spent 001 GENERAL FUND 41,017,923$ 11,303,782$ 14,163,986$ 26,853,937$ 35% 009 LEOFF-MEDICAL INS. RESERVE 503,361 121,283 124,707 378,654 25% 011 RISK MANAGEMENT RESERVE FUND 300,000 464,100 - 300,000 0% 014 HISTORIC PRESERVATION GIFT FUND 8,000 800 - 8,000 0% 016 BUILDING MAINTENANCE 720,200 70 13,254 706,946 2% 104 DRUG ENFORCEMENT FUND 81,033 2,658 3,460 77,573 4% 111 STREET FUND 1,658,810 459,962 471,697 1,187,113 28% 112 COMBINED STREET CONST/IMPROVE 9,561,866 212,270 425,684 9,136,182 4% 117 MUNICIPAL ARTS ACQUIS. FUND 152,575 8,906 14,195 138,380 9% 118 MEMORIAL STREET TREE - - - - 0% 120 HOTEL/MOTEL TAX REVENUE FUND 54,000 5,106 7,389 46,611 14% 121 EMPLOYEE PARKING PERMIT FUND 26,786 1,429 - 26,786 0% 122 YOUTH SCHOLARSHIP FUND 3,600 1,113 731 2,869 20% 123 TOURISM PROMOTIONAL FUND/ARTS 19,000 2,249 564 18,436 3% 125 REAL ESTATE EXCISE TAX 2 1,582,712 34,623 56,261 1,526,451 4% 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 1,189,291 - 2,773 1,186,518 0% 127 GIFTS CATALOG FUND 18,200 7,163 557 17,643 3% 129 SPECIAL PROJECTS FUND *4,000 12,586 17,469 (13,469) 437% 130 CEMETERY MAINTENANCE/IMPROVEMT 175,435 40,262 47,320 128,115 27% 132 PARKS CONSTRUCTION FUND 2,289,000 3,054 111,767 2,177,233 5% 136 PARKS TRUST FUND - - - - 0% 138 SISTER CITY COMMISSION 4,500 135 274 4,226 6% 139 TRANSPORTATION BENEFIT DISTRICT 645,000 202,657 205,135 439,865 32% 211 L.I.D. FUND CONTROL 28,600 - - 28,600 0% 213 L.I.D. GUARANTY FUND - - - - 0% 231 2012 LT GO DEBT SERVICE FUND 1,022,690 - 604 1,022,086 0% 232 2014 DEBT SERVICE FUND 966,286 - - 966,286 0% 421 WATER UTILITY FUND 9,630,124 1,413,173 1,818,190 7,811,934 19% 422 STORM UTILITY FUND 6,571,213 941,573 922,902 5,648,311 14% 423 SEWER/WWTP UTILITY FUND 14,746,399 3,617,445 2,223,434 12,522,965 15% 424 BOND RESERVE FUND 840,816 - - 840,816 0% 511 EQUIPMENT RENTAL FUND 1,093,279 252,195 357,003 736,276 33% 617 FIREMEN'S PENSION FUND 89,615 48,694 20,776 68,839 23% 627 BUSINESS IMPROVEMENT DISTRCIT - - 13,522 (13,522) 0% 95,004,314$ 19,157,287$ 21,023,654$ 73,994,182$ 22% CITY OF EDMONDS EXPENDITURES BY FUND - SUMMARY *A budget amendment will be completed for this carryforward expense for the SR99 International District Enhancement Project Packet Page 123 of 199 3 Page 1 of 3 Title 2014 Amended Budget 4/30/2013 Revenues 4/30/2014 Revenues Amount Remaining % Received TAXES: REAL PERSONAL / PROPERTY TAX 9,857,161$ 1,885,738$ 1,708,482$ 8,148,679$ 17% EMS PROPERTY TAX 3,105,938 584,313 529,218 2,576,720 17% VOTED PROPERTY TAX 946,303 185,918 164,504 781,799 17% LOCAL RETAIL SALES/USE TAX 5,525,609 1,641,662 1,870,619 3,654,990 34% NATURAL GAS USE TAX 8,793 3,880 4,531 4,262 52% 1/10 SALES TAX LOCAL CRIM JUST 590,174 185,249 196,955 393,219 33% ELECTRIC UTILITY TAX 1,490,394 641,845 690,245 800,149 46% GAS UTILITY TAX 819,286 369,694 376,839 442,447 46% SOLID WASTE UTILITY TAX 297,972 99,793 99,770 198,202 33% WATER UTILITY TAX 920,882 271,544 300,542 620,340 33% SEWER UTILITY TAX 479,750 155,496 171,771 307,979 36% STORMWATER UTILITY TAX 295,972 104,112 108,881 187,091 37% T.V. CABLE UTILITY TAX 738,219 196,078 205,673 532,546 28% TELEPHONE UTILITY TAX 1,544,793 484,087 470,135 1,074,659 30% PULLTABS TAX 62,613 24,510 17,662 44,951 28% AMUSEMENT GAMES 746 100 25 721 3% LEASEHOLD EXCISE TAX 232,528 53,966 54,357 178,171 23% 26,917,133 6,887,984 6,970,211 19,946,922 26% LICENSES AND PERMITS: FIRE PERMITS-SPECIAL USE 5,666 4,400 40 5,626 1% PROF AND OCC LICENSE-TAXI 700 300 330 370 47% AMUSEMENTS 4,500 4,350 4,275 225 95% FRANCHISE AGREEMENT-COMCAST 659,488 167,992 172,694 486,794 26% FRANCHISE FEE-EDUCATION/GOVERNMENT - - 14,649 (14,649) 0% FRANCHISE AGREEMENT-VERIZON/FRONTIER 115,219 43,825 45,127 70,092 39% FRANCHISE AGREEMENT-BLACKROCK 14,299 5,710 4,717 9,582 33% FRANCHISE AGREMENT-ZAYO - 5,000 - - 0% OLYMPIC VIEW WATER DISTRICT FRANCHISE 1 233,162 52,692 126,873 106,289 54% GENERAL BUSINESS LICENSE 107,360 89,650 87,125 20,235 81% DEV SERV PERMIT SURCHARGE 38,500 7,230 12,925 25,575 34% NON-RESIDENT BUS LICENSE 53,963 27,050 28,550 25,413 53% RIGHT OF WAY FRANCHISE FEE 9,000 9,773 - 9,000 0% BUILDING STRUCTURE PERMITS 503,000 99,935 107,976 395,024 21% ANIMAL LICENSES 53,040 4,370 6,620 46,420 12% STREET AND CURB PERMIT 151,045 3,909 33,173 117,872 22% OTR NON-BUS LIC/PERMITS 18,467 3,601 4,625 13,842 25% 1,967,409 529,787 649,699 1,317,710 33% INTERGOVERNMENTAL: DOJ 15-0404-0-1-754 - BULLET PROOF VEST 3,176 - - 3,176 0% ROOFTOP SOLAR CHALLENGE GRANT - - 1,000 (1,000) 0% TARGET ZERO TEAMS GRANT 7,500 1,480 2,095 5,405 28% HIGH VISIBILITY ENFORCEMENT 3,000 776 535 2,465 18% DOCKSIDE DRILLS GRANT REIMBURSE - - 1,442 (1,442) 0% SMART COMMUTER PROJECT GRANT - 250 - - 0% PUD PRIVILEDGE TAX 187,033 - - 187,033 0% MVET/SPECIAL DISTRIBUTION 8,916 4,562 4,975 3,941 56% JUDICIAL SALARY CONTRIBUTION-STATE 12,600 3,134 6,238 6,362 50% CRIMINAL JUSTICE-SPECIAL PROGRAMS 34,300 17,090 18,411 15,889 54% DUI - CITIES 7,900 3,597 3,636 4,264 46% LIQUOR EXCISE TAX 64,675 - 38,720 25,955 60% LIQUOR BOARD PROFITS 360,879 89,450 88,821 272,058 25% VERDANT INTERLOCAL GRANTS 39,513 - 39,513 - 100% 729,492 120,339 205,385 524,107 28% REVENUES - GENERAL FUND CITY OF EDMONDS 1 Received 1st quarter payment in April of 2014, and May of 2013 Packet Page 124 of 199 4 Title 2014 Amended Budget 4/30/2013 Revenues 4/30/2014 Revenues Amount Remaining % Received CHARGES FOR GOODS AND SERVICES: RECORD/LEGAL INSTRUMTS 1,200 266 162 1,038 14% COURT RECORD SERVICES 50 - - 50 0% D/M COURT REC SER 50 14 10 40 20% SHARED COURT COSTS 3,700 - - 3,700 0% MUNIC.-DIST. COURT CURR EXPEN 200 47 114 86 57% SALE MAPS & BOOKS 73 68 18 55 25% CLERKS TIME FOR SALE OF PARKING PERMITS 25,086 - - 25,086 0% PHOTOCOPIES 4,618 1,075 770 3,848 17% POLICE DISCLOSURE REQUESTS 4,000 1,501 1,110 2,890 28% ENGINEERING FEES AND CHARGES 2 267,630 31,160 62,134 205,496 23% ELECTION CANDIDATE FILING FEES 1,036 - - 1,036 0% SNO-ISLE 58,667 36,542 29,298 29,369 50% PASSPORTS AND NATURALIZATION FEES 11,000 3,500 7,600 3,400 69% POLICE SERVICES SPECIAL EVENTS 26,000 - - 26,000 0% OCDETF OVERTIME - 1,800 5,406 (5,406) 0% CAMPUS SAFETY-EDM. SCH. DIST.12,300 - - 12,300 0% WOODWAY-LAW PROTECTION 36,000 11,770 20,550 15,450 57% MISCELLANEOUS POLICE SERVICES 1,500 - - 1,500 0% POLICE - FINGERPRINTING 275 35 220 55 80% DUI EMERGENCY FIRE SERVICES 700 382 71 629 10% FIRE DISTRICT #1 STATION BILLINGS 3 28,503 13,304 29,278 (775) 103% ADULT PROBATION SERVICE CHARGE 64,000 16,300 21,363 42,637 33% BOOKING FEES 6,300 1,796 2,221 4,079 35% FIRE CONSTRUCTION INSPECTION FEES 5,716 2,080 5,836 (120) 102% EMERGENCY SERVICE FEES 24,575 4,343 5,261 19,314 21% EMS TRANSPORT USER FEE 4 800,000 412,923 241,224 558,776 30% CRIM CNV FEE DUI - 180 - - 0% CRIM CONV FEE CT 5,700 1,516 1,317 4,383 23% CRIM CONV FEE CN 2,000 412 467 1,533 23% FIBER SERVICES 37,349 10,960 4,960 32,389 13% INTERGOVERNMENTAL FIBER SERVICES 7,454 2,400 2,400 5,054 32% FLEX FUEL PAYMENTS FROM STATIONS 218 394 420 (202) 193% ANIMAL CONTROL SHELTER 6,616 1,740 955 5,661 14% ZONING/SUBDIVISION FEE 95,950 23,985 14,918 81,032 16% PLAN CHECKING FEES 2 310,000 73,517 249,335 60,665 80% FIRE PLAN CHECK FEES 2,984 625 2,930 54 98% PLANNING 1% INSPECTION FEE 1,630 75 302 1,328 19% S.E.P.A. REVIEW 6,980 3,395 1,705 5,275 24% CRITICAL AREA STUDY 16,530 4,960 6,510 10,020 39% DV COORDINATOR SERVICES 8,600 3,691 2,895 5,705 34% SWIM POOL ENTRANCE FEES 61,000 - - 61,000 0% GYM AND WEIGHTROOM FEES 5,500 2,274 1,948 3,552 35% LOCKER FEES 350 - - 350 0% SWIM CLASS FEES 32,000 - 70 31,930 0% PROGRAM FEES 757,000 253,643 281,083 475,917 37% TAXABLE RECREATION ACTIVITIES 120,000 51,634 48,112 71,888 40% SWIM TEAM/DIVE TEAM 32,500 - 165 32,335 1% BIRD FEST REGISTRATION FEES 825 - 30 795 4% INTERFUND REIMBURSEMENT-CONTRACT SVCS 1,902,614 575,683 647,450 1,255,164 34% 4,796,979 1,549,991 1,700,619 3,096,360 35% CITY OF EDMONDS REVENUES - GENERAL FUND 2 Development Services has collected a larger amount of fees in 2014 versus 2013 3 Have invoiced twice in 2014, and only once by April in 2013 4 Received 1st quarter payment in April of 2013, have not received as of yet in 2014 Packet Page 125 of 199 5 Title 2014 Amended Budget 4/30/2013 Revenues 4/30/2014 Revenues Amount Remaining % Received FINES AND FORFEITURES: PROOF OF VEHICLE INS PENALTY 11,000 3,182 2,935 8,065 27% TRAFFIC INFRACTION PENALTIES 38,000 8,290 8,867 29,133 23% NC TRAFFIC INFRACTION 310,000 78,135 88,181 221,819 28% CRT COST FEE CODE LEG ASSESSMENT (LGA)25,000 5,979 6,945 18,055 28% SPEEDING DOUBLE 330 77 - 330 0% NON-TRAFFIC INFRACTION PENALTIES 2,085 - 1,201 884 58% OTHER INFRACTIONS '04 2,300 725 285 2,015 12% PARKING INFRACTION PENALTIES 52,000 14,946 15,462 36,538 30% PARK/INDDISZONE - 733 336 (336) 0% DWI PENALTIES 3,000 301 2,104 896 70% DUI - DP ACCT 3,700 667 826 2,874 22% CRIM CNV FEE DUI 700 - 191 509 27% OTHER CRIMINAL TRAF MISDEM PEN - - 29 (29) 0% CRIMINAL TRAFFIC MISDEMEANOR 8/03 38,000 10,000 11,742 26,258 31% CRIMINAL CONVICTION FEE CT - 74 465 (465) 0% OTHER NON-TRAF MISDEMEANOR PEN 100 61 4 97 4% OTHER NON TRAFFIC MISD. 8/03 - (2,320) 2,395 (2,395) 0% COURT DV PENALTY ASSESSMENT 1,900 532 535 1,365 28% CRIMINAL CONVICTION FEE CN - 57 289 (289) 0% CRIMINAL COSTS-RECOUPMENTS 120,000 32,244 32,697 87,303 27% PUBLIC DEFENSE RECOUPMENT 35,000 7,706 10,972 24,028 31% COURT INTERPRETER COSTS 50 36 109 (59) 217% BUS. LICENSE PERMIT PENALTY 4,000 2,630 2,635 1,365 66% MISC FINES AND PENALTIES 3,600 1,510 - 3,600 0% 650,765 165,565 189,203 461,562 29% MISCELLANEOUS: INVESTMENT INTEREST 88,200 144 4,219 83,981 5% INTEREST ON COUNTY TAXES 1,281 387 50 1,231 4% INTEREST - COURT COLLECTIONS 4,000 1,080 2,374 1,626 59% PARKING 12,804 3,160 3,422 9,382 27% SPACE/FACILITIES RENTALS 153,200 19,962 19,119 134,082 12% BRACKET ROOM RENTAL 4,817 2,440 3,120 1,697 65% LEASES LONG-TERM 159,335 56,937 55,056 104,279 35% VENDING MACHINE/CONCESSION 5,500 1,007 1,065 4,435 19% OTHER RENTS & USE CHARGES 8,400 1,125 375 8,025 4% PARKS DONATIONS 9,100 7,500 4,374 4,726 48% BIRD FEST CONTRIBUTIONS 1,300 200 450 850 35% PARKS GRANTS - PRIVATE SOURCES - 1,235 - - 0% SALE OF JUNK/SALVAGE 1,200 - 120 1,080 10% SALES OF UNCLAIM PROPERTY 4,000 1,592 166 3,834 4% CONFISCATED AND FORFEITED PROPERTY - 358 - - 0% POLICE JUDGMENTS/RESTITUTION 477 40 88 389 18% CASHIER'S OVERAGES/SHORTAGES 45 1 201 (156) 447% OTHER MISC REVENUES 725,427 2,572 603 724,824 0% SMALL OVERPAYMENT 68 2 21 47 31% NSF FEES - PARKS & REC 150 30 30 120 20% NSF FEES - MUNICIPAL COURT 1,300 233 250 1,050 19% NSF FEES - DEVELOPMENT SERVICES DEPT - 90 - - 0% US BANK REBATE - - 1,557 (1,557) 0% 1,180,604 100,092 96,661 1,083,943 8% TRANSFERS-IN: PROCEEDS OF REFUNDING DEBT 2,763,315 - 2,763,314 1 100% 2,763,315 - 2,763,314 1 0% TOTAL GENERAL FUND REVENUE 39,005,697$ 9,353,758$ 12,575,092$ 26,430,605$ 32% REVENUES - GENERAL FUND CITY OF EDMONDS Packet Page 126 of 199 6 Page 1 of 6 Title 2014 Adopted Budget 4/30/2013 Expenditures 4/30/2014 Expenditures Amount Remaining % Spent GENERAL FUND EXPENDITURES (001) SALARIES AND WAGES 13,071,102$ 3,930,559$ 4,003,428$ 9,067,674$ 31% OVERTIME 425,123 104,360 125,646 299,477 30% HOLIDAY BUY BACK 201,026 802 858 200,168 0% BENEFITS 4,659,657 1,346,902 1,495,529 3,164,128 32% UNIFORMS 65,210 17,596 17,541 47,669 27% SUPPLIES 376,613 92,342 113,120 263,493 30% SMALL EQUIPMENT 240,083 44,869 73,409 166,674 31% PROFESSIONAL SERVICES 2,288,918 466,491 434,475 1,854,443 19% COMMUNICATIONS 203,230 60,969 42,668 160,562 21% TRAVEL 33,685 2,711 3,132 30,553 9% ADVERTISING 57,375 5,845 8,395 48,980 15% RENTAL/LEASE 933,815 274,526 310,830 622,985 33% INSURANCE 379,784 397,566 383,906 (4,122) 101% UTILITIES 457,800 147,082 134,780 323,020 29% REPAIRS & MAINTENANCE 349,835 128,079 143,969 205,866 41% MISCELLANEOUS 354,066 94,109 103,766 250,300 29% INTERGOVERNMENTAL SERVICES 8,316,935 3,893,689 3,941,160 4,375,775 47% INTERGOVERNMENTAL PAYMENTS 180,000 - - 180,000 0% EXCISE TAXES 6,452 993 1,128 5,324 17% INTERFUND TRANSFER 5,137,373 255,078 - 5,137,373 0% MACHINERY/EQUIPMENT 55,721 22,735 - 55,721 0% GENERAL OBLIGATION BOND PRINCIPAL 2,874,066 - 2,720,000 154,066 95% CAPITAL LEASES AND INSTALLMENT PURCHASES 64,654 - 64,654 0 100% OTHER DEBT - 478 479 (479) 0% INTEREST ON LONG-TERM EXTERNAL DEBT 85,400 - 24,632 60,768 29% DEBT ISSUE COSTS - - 16,481 (16,481) 0% INTERFUND SERVICES 200,000 - - 200,000 0% INTERFUND RENTAL - 16,000 - - 0% 41,017,923$ 11,303,782$ 14,163,986$ 26,853,937$ 35% LEOFF-MEDICAL INS. RESERVE (009) BENEFITS 312,774$ 79,011$ 99,924$ 212,850$ 32% IN HOME LTC CLAIMS 183,337 35,901 24,508 158,829 13% PROFESSIONAL SERVICES 7,000 6,081 - 7,000 0% MISCELLANEOUS 250 290 275 (25) 110% 503,361$ 121,283$ 124,707$ 378,654$ 25% RISK MANAGEMENT RESERVE FUND (011) MISCELLANEOUS 300,000$ 464,100$ -$ 300,000$ 0% 300,000$ 464,100$ -$ 300,000$ 0% HISTORIC PRESERVATION GIFT FUND (014) SUPPLIES 100$ -$ -$ 100$ 0% PROFESSIONAL SERVICES 100 - - 100 0% ADVERTISING 100 - - 100 0% MISCELLANEOUS 7,700 800 - 7,700 0% 8,000$ 800$ -$ 8,000$ 0% BUILDING MAINTENANCE SUBFUND (016) SUPPLIES -$ -$ 914$ (914)$ 0% PROFESSIONAL SERVICES 20,000 70 2,217 17,783 11% REPAIRS & MAINTENANENCE 668,200 - 10,123 658,077 2% CONSTRUCTION PROJECTS 32,000 - - 32,000 0% 720,200$ 70$ 13,254$ 674,946$ 2% DRUG ENFORCEMENT FUND (104) FUEL CONSUMED 3,000 1,523 2,430 570 81% SMALL EQUIPMENT 5,000 - - 5,000 0% COMMUNICATIONS 2,233 1,134 1,030 1,203 46% REPAIR/MAINT 800 - - 800 0% MISCELLANEOUS 20,000 - - 20,000 0% INTERGOVTL SVC 50,000 - - 50,000 0% 81,033$ 2,658$ 3,460$ 77,573$ 4% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS Packet Page 127 of 199 7 Page 2 of 6 Title 2014 Adopted Budget 4/30/2013 Expenditures 4/30/2014 Expenditures Amount Remaining % Spent STREET FUND (111) SALARIES AND WAGES 481,344$ 138,785$ 145,248$ 336,096$ 30% OVERTIME 21,400 6,487 9,471 11,929 44% BENEFITS 239,311 59,726 69,098 170,213 29% UNIFORMS 6,000 3,520 3,462 2,538 58% SUPPLIES 240,000 39,829 29,297 210,703 12% SMALL EQUIPMENT 26,000 - 3,292 22,708 13% PROFESSIONAL SERVICES 13,700 4,071 4,932 8,768 36% COMMUNICATIONS 2,500 832 1,508 992 60% TRAVEL 1,000 - 110 890 11% ADVERTISING 350 - - 350 0% RENTAL/LEASE 180,104 52,450 59,438 120,666 33% INSURANCE 82,400 87,201 74,683 7,717 91% UTILITIES 275,783 64,254 65,847 209,936 24% REPAIRS & MAINTENANCE 45,000 2,313 5,264 39,736 12% MISCELLANEOUS 8,000 405 - 8,000 0% INTERGOVERNMENTAL SERVICES 2,000 89 48 1,952 2% INTERFUND TRANSFER 28,805 - - 28,805 0% GENERAL OBLIGATION BOND PRINCIPAL 3,149 - - 3,149 0% INTEREST ON LONG-TERM EXTERNAL DEBT 1,964 - - 1,964 0% 1,658,810$ 459,962$ 471,697$ 1,187,113$ 28% COMBINED STREET CONST/IMPROVE (112) PROFESSIONAL SERVICES 2,022,300$ 96,675$ 143,741$ 1,878,559$ 7% INTERFUND TRANSFER OUT 384,043 - - 384,043 0% LAND 373,000 - 4,508 368,492 1% CONST SURFACE CONST PROJECTS 6,215,200 75,590 193,868 6,021,332 3% INTERGOVERNMENTAL LOANS 72,203 - - 72,203 0% INTEREST ON INTERGOVERNMENTAL LOANS 4,120 - - 4,120 0% INTERFUND SERVICES 491,000 40,005 83,567 407,433 17% 9,561,866$ 212,270$ 425,684$ 9,136,182$ 4% MUNICIPAL ARTS ACQUIS. FUND (117) SUPPLIES 4,200$ 18$ 39$ 4,161$ 1% SMALL EQUIPMENT 1,000 - - 1,000 0% PROFESSIONAL SERVICES 135,000 4,473 10,747 124,253 8% TRAVEL 75 12 11 65 14% ADVERTISING 4,000 3,700 2,303 1,698 58% RENTAL/LEASE 2,000 - - 2,000 0% REPAIRS & MAINTENANCE 300 - - 300 0% MISCELLANEOUS 6,000 702 1,096 4,904 18% 152,575$ 8,906$ 14,195$ 138,380$ 9% HOTEL/MOTEL TAX REVENUE FUND (120) PROFESSIONAL SERVICES 16,000$ -$ 4,047$ 11,953$ 25% ADVERTISING 33,500 5,006 3,343 30,158 10% MISCELLANEOUS 500 100 - 500 0% INTERFUND TRANSFERS 4,000 - - 4,000 0% 54,000$ 5,106$ 7,389$ 46,611$ 14% EMPLOYEE PARKING PERMIT FUND (121) SUPPLIES 1,700$ 874$ -$ 1,700$ 0% SMALL EQUIPMENT -$ 555 - - 0% PROFESSIONAL SERVICES 25,086 - - 25,086 0% 26,786$ 1,429$ -$ 26,786$ 0% YOUTH SCHOLARSHIP FUND (122) MISCELLANEOUS 3,600$ 1,113$ 731$ 2,869$ 20% 3,600$ 1,113$ 731$ 2,869$ 20% TOURISM PROMOTIONAL FUND/ARTS (123) PROFESSIONAL SVC 10,500$ 1,697$ -$ 10,500$ 0% ADVERTISING 4,500 553 - 4,500 0% MISCELLANEOUS 4,000 - 564 3,436 14% 19,000$ 2,249$ 564$ 18,436$ 3% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 128 of 199 8 Page 3 of 6 Title 2014 Adopted Budget 4/30/2013 Expenditures 4/30/2014 Expenditures Amount Remaining % Spent REAL ESTATE EXCISE TAX 2 (125) SUPPLIES 30,000$ 23,098$ 33,113$ (3,113)$ 110% PROFESSIONAL SERVICES 400,000 1,876 6,801 393,199 2% ADVERTISING - 148 - - 0% RENTAL/LEASE - - 3,379 (3,379) 0% REPAIRS & MAINTENANCE 152,712 9,500 12,968 139,744 8% INTERFUND TRANSFER 800,000 - - 800,000 0% CONSTRUCTION PROJECTS 200,000 - - 200,000 0% 1,582,712$ 34,623$ 56,261$ 1,526,451$ 4% REAL ESTATE EXCISE TAX 1, PARKS ACQ (126) MISCELLANEOUS 200,000$ -$ 2,500$ 197,500$ 1% INTERFUND TRANSFER 959,528 - - 959,528 0% LAND - - 273 (273) 0% GENERAL OBLIGATION BONDS 18,330 - - 18,330 0% INTEREST 11,433 - - 11,433 0% 1,189,291$ -$ 2,773$ 1,186,518$ 0% GIFTS CATALOG FUND (127) SUPPLIES 11,700$ 1,013$ 557$ 11,143$ 5% PROFESSIONAL SERVICES 4,000 6,150 - 4,000 0% INTERFUND TRANSFER 2,500 - - 2,500 0% 18,200$ 7,163$ 557$ 17,643$ 3% SPECIAL PROJECTS FUND (129) * PROFESSIONAL SERVICES 2,000$ -$ -$ 2,000$ 0% CONSTRUCTION PROJECTS - - 17,469 (17,469) 0% INTERFUND SERVICES 2,000 12,586 - 2,000 0% 4,000$ 12,586$ 17,469$ (13,469)$ 437% CEMETERY MAINTENANCE/IMPROVEMENT (130) SALARIES AND WAGES 81,251$ 23,058 23,380$ 57,871$ 29% OVERTIME 3,500 371 1,204 2,296 34% BENEFITS 39,056 10,511 10,634 28,422 27% UNIFORMS 1,000 - - 1,000 0% SUPPLIES 7,000 373 2,339 4,661 33% SUPPLIES PURCHASED FOR INVENTORY/RESALE 20,000 2,385 4,585 15,415 23% PROFESSIONAL SERVICES 1,000 - - 1,000 0% COMMUNICATIONS 1,412 466 479 933 34% TRAVEL 500 - - 500 0% ADVERTISING 3,200 251 177 3,023 6% RENTAL/LEASE 9,216 1,752 3,072 6,144 33% UTILITIES 3,800 - 277 3,523 7% REPAIRS & MAINTENANCE 500 - - 500 0% MISCELLANEOUS 4,000 1,094 1,173 2,827 29% 175,435$ 40,262$ 47,320$ 128,115$ 27% PARKS CONSTRUCTION FUND (132) PROFESSIONAL SERVICES (201,000) 1,940 42,876 (243,876) 0% LAND 700,000 - - 700,000 0% CONSTRUCTION PROJECTS 1,790,000 - 68,892 1,721,108 4% INTERFUND SERVICES - 1,114 - - 0% 2,289,000$ 3,054$ 111,767$ 2,177,233$ 5% SISTER CITY COMMISSION (138) SUPPLIES 500$ -$ -$ 500$ 0% TRAVEL 3,000 - - 3,000 0% MISCELLANEOUS 1,000 135 274 726 27% 4,500$ 135$ 274$ 4,226$ 6% TRANSPORTATION BENEFIT DISTRICT (139) PROFESSIONAL SERVICES -$ 1,756$ -$ -$ 0% INSURANCE 5,000 5,000 2,500 2,500 50% INTERFUND TRANSFER - 195,902 - - 0% INTERGOVTL SERVICES 640,000 - 202,635 437,365 32% 645,000$ 202,657$ 205,135$ 439,865$ 32% *A budget amendment will be completed for this carryforward expense for the SR99 International District Enhancement Project CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 129 of 199 9 Page 4 of 6 Title 2014 Adopted Budget 4/30/2013 Expenditures 4/30/2014 Expenditures Amount Remaining % Spent LID FUND CONTROL (211) INTERFUND TRANSFER 28,600$ -$ -$ 28,600$ 0% 28,600$ -$ -$ 28,600$ 0% 2012 LTGO DEBT SERVIC FUND (231) GENERAL OBLIGATION BOND 854,667$ -$ -$ 854,667$ 0% INTEREST 168,023 - - 168,023 0% OTHER INTEREST & DEBT SERVICE COSTS - - 604 (604) 0% 1,022,690$ -$ 604$ 1,022,086$ 0% 2014 DEBT SERVICE FUND (232) GENERAL OBLIGATION BOND 923,199$ -$ -$ 923,199$ 0% INTEREST 23,105 - - 23,105 0% DEBT ISSUE COSTS 19,982 - - 19,982 0% 966,286$ -$ -$ 966,286$ 0% WATER FUND (421) SALARIES AND WAGES 677,172$ 237,867$ 244,718$ 432,454$ 36% OVERTIME 24,180 7,052 5,568 18,612 23% BENEFITS 326,137 98,402 111,984 214,153 34% UNIFORMS 6,800 2,836 1,507 5,293 22% SUPPLIES 151,838 19,916 32,936 118,902 22% FUEL CONSUMED - - - - 0% WATER PURCHASED FOR RESALE 1,600,000 287,250 286,001 1,313,999 18% SUPPLIES PURCHASED FOR INVENTORY/RESALE 130,816 33,515 59,352 71,464 45% SMALL EQUIPMENT 25,161 269 14,027 11,134 56% PROFESSIONAL SERVICES 229,150 56,517 59,754 169,396 26% COMMUNICATIONS 35,000 12,899 7,679 27,321 22% TRAVEL 2,600 - - 2,600 0% ADVERTISING 500 - - 500 0% RENTAL/LEASE 104,820 30,796 34,868 69,952 33% INSURANCE 66,869 67,607 74,689 (7,820) 112% UTILITIES 40,000 16,022 15,514 24,486 39% REPAIRS & MAINTENANCE 17,600 667 2,775 14,825 16% MISCELLANEOUS 307,880 110,509 123,785 184,095 40% INTERGOVERNMENTAL SERVICES 30,000 10,079 10,302 19,698 34% INTERFUND TAXES 920,881 271,544 300,542 620,339 33% INTERFUND TRANSFER 292,830 - - 292,830 0% MACHINERY/EQUIPMENT 49,849 - - 49,849 0% CONSTRUCTION PROJECTS 3,475,939 - 270,338 3,205,601 8% GENERAL OBLIGATION BONDS 2,115 - - 2,115 0% REVENUE BONDS 306,140 - - 306,140 0% INTERGOVERNMENTAL LOANS 45,839 - - 45,839 0% INTEREST 275,912 - - 275,912 0% OTHER INTEREST & DEBT SERVICE COSTS - 175 175 (175) 0% INTERFUND SERVICES 484,096 149,204 161,674 322,422 33% INTERFUND REPAIR/MAINT - 48 - - 0% 9,630,124$ 1,413,173$ 1,818,190$ 7,811,934$ 19% EXPENDITURES BY FUND - DETAIL CITY OF EDMONDS Packet Page 130 of 199 10 Page 5 of 6 Title 2014 Adopted Budget 4/30/2013 Expenditures 4/30/2014 Expenditures Amount Remaining % Spent STORM FUND (422) SALARIES AND WAGES 594,775$ 185,539$ 184,875$ 409,900$ 31% OVERTIME 6,000 2,789 3,661 2,339 61% BENEFITS 258,745 75,758 84,147 174,598 33% UNIFORMS 6,500 3,841 4,151 2,349 64% SUPPLIES 58,333 9,194 17,176 41,157 29% SMALL EQUIPMENT 4,000 164 560 3,440 14% PROFESSIONAL SERVICES 1,548,909 231,273 126,763 1,422,146 8% COMMUNICATIONS 3,200 420 1,277 1,923 40% TRAVEL 4,300 654 - 4,300 0% ADVERTISING 500 - - 500 0% RENTAL/LEASE 213,612 70,941 69,705 143,907 33% INSURANCE 8,089 8,407 36,035 (27,946) 445% UTILITES 10,500 3,182 3,157 7,343 30% REPAIR & MAINTENANCE 13,000 5,797 6,711 6,289 52% MISCELLANEOUS 112,100 35,041 37,770 74,330 34% INTERGOVERNMENTAL SERVICES 75,000 16,763 39,923 35,077 53% INTERFUND TAXES AND OPERATING ASSESSMENT 295,973 104,112 108,881 187,092 37% INTERFUND TRANSFER 54,291 - - 54,291 0% CONSTRUCTION PROJECTS 2,219,712 - - 2,219,712 0% GENERAL OBLIGATION BONDS 105,461 - - 105,461 0% REVENUE BONDS 149,691 - - 149,691 0% INTERGOVERNMENTAL LOANS 32,063 - - 32,063 0% INTEREST 182,178 - - 182,178 0% OTHER INTEREST & DEBT SERVICE COSTS - 83 84 (84) 0% INTERFUND PROFESSIONAL SERVICES 614,281 187,615 198,028 416,253 32% 6,571,213$ 941,573$ 922,902$ 5,648,311$ 14% SEWER FUND (423) SALARIES AND WAGES 1,650,330$ 517,620$ 547,406$ 1,102,924$ 33% OVERTIME 73,000 38,312 26,690 46,310 37% BENEFITS 760,694 210,921 246,802 513,892 32% UNIFORMS 11,400 6,884 5,411 5,989 47% SUPPLIES 399,333 83,968 63,966 335,367 16% FUEL CONSUMED 90,000 62,986 36,296 53,704 40% SMALL EQUIPMENT 26,000 2,044 26,706 (706) 103% PROFESSIONAL SERVICES 1,065,500 421,769 172,247 893,253 16% COMMUNICATIONS 40,000 11,802 11,834 28,166 30% TRAVEL 7,400 - - 7,400 0% ADVERTISING 2,500 - - 2,500 0% RENTAL/LEASE 149,968 43,928 49,858 100,110 33% INSURANCE 155,006 156,092 128,145 26,861 83% UTILITIES 1,170,600 389,854 270,644 899,956 23% REPAIR & MAINTENANCE 175,000 41,641 40,716 134,284 23% MISCELLANEOUS 217,935 72,559 63,172 154,763 29% INTERGOVERNMENTAL SERVICES 408,889 42,648 43,894 364,995 11% INTERFUND TAXES AND OPERATING ASSESSMENT 479,750 155,496 171,771 307,979 36% INTERFUND TRANSFERS 1,168,346 - - 1,168,346 0% MACHINERY/EQUIPMENT 449,500 - 6,504 442,996 1% CONSTRUCTION PROJECTS 4,837,535 1,173,021 105,675 4,731,860 2% GENERAL OBLIGATION BONDS 120,529 - - 120,529 0% REVENUE BONDS 69,169 - - 69,169 0% INTERGOVERNMENTAL LOANS 203,621 - - 203,621 0% INTEREST 149,971 - - 149,971 0% OTHER INTEREST & DEBT SERVICE COSTS - 41 41 (41) 0% INTERFUND PROFESSIONAL SERVICES 864,423 185,859 205,656 658,767 24% 14,746,399$ 3,617,445$ 2,223,434$ 12,522,965$ 15% BOND RESERVE FUND (424) REVENUE BONDS 160,000$ -$ -$ 160,000$ 0% INTEREST 680,816 - - 680,816 0% 840,816 - - 840,816 0% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 131 of 199 11 Page 6 of 6 Title 2014 Adopted Budget 4/30/2013 Expenditures 4/30/2014 Expenditures Amount Remaining % Spent EQUIPMENT RENTAL FUND (511) SALARIES AND WAGES 203,962$ 48,517$ 68,703$ 135,259$ 34% OVERTIME 1,000 886 234 766 23% BENEFITS 89,965 23,398 31,358 58,607 35% UNIFORMS 1,000 356 477 523 48% SUPPLIES 96,500 19,066 22,246 74,254 23% FUEL CONSUMED 1,000 - 234 766 23% SUPPLIES PURCHASED FOR INVENTORY/RESALE 361,700 48,932 54,249 307,451 15% SMALL EQUIPMENT 8,000 576 10,253 (2,253) 128% PROFESSIONAL SERVICES 1,000 931 383 617 38% COMMUNICATIONS 3,000 431 615 2,385 21% RENTAL/LEASE 14,484 3,097 4,593 9,891 32% INSURANCE 32,701 34,153 37,376 (4,675) 114% UTILITIES 14,000 4,784 4,698 9,302 34% REPAIRS & MAINTENANCE 60,000 17,557 15,819 44,181 26% MISCELLANEOUS 6,000 2,466 3,049 2,951 51% INTERGOVERNMENTAL SERVICES 2,500 119 64 2,436 3% MACHINERY/EQUIPMENT 186,467 46,927 96,564 89,903 52% INTERFUND RENTAL 10,000 - 6,089 3,911 61% 1,093,279$ 252,195$ 357,003$ 736,276$ 33% FIREMEN'S PENSION FUND (617) BENEFITS 49,619$ 13,504$ 10,681$ 38,938$ 22% PENSION AND DISABILITY PAYMENTS 38,796 34,021 10,094 28,702 26% PROFESSIONAL SERVICES 1,200 1,169 - 1,200 0% 89,615$ 48,694$ 20,776$ 68,839$ 23% BUSINESS IMPROVEMENT DISTRICT FUND (627) PROFESSIONAL SERVICES -$ -$ 12,395$ (12,395)$ 0% MISCELLANEOUS - - 1,127 (1,127) 0% -$ -$ 13,522$ (13,522)$ 0% TOTAL EXPENDITURE ALL FUNDS 95,004,314$ 19,157,287$ 21,023,654$ 73,113,366$ 22% CITY OF EDMONDS EXPENDITURES BY FUND - DETAIL Packet Page 132 of 199 12 Page 1 of 1 Title 2014 Adopted Budget 4/30/2013 Expenditures 4/30/2014 Expenditures Amount Remaining % Spent CITY COUNCIL 238,644$ 83,350$ 65,481$ 173,163$ 27% OFFICE OF MAYOR 251,085 78,215 82,041 169,044 33% HUMAN RESOURCES 349,938 84,440 112,767 237,171 32% MUNICIPAL COURT 801,872 232,844 257,767 544,105 32% CITY CLERK 537,273 174,295 164,667 372,606 31% ADMINISTRATIVE SERVICES 1,645,285 531,656 499,111 1,146,174 30% CITY ATTORNEY 552,900 163,684 186,128 366,772 34% NON-DEPARTMENTAL *17,816,558 4,569,788 7,277,792 10,538,766 41% POLICE SERVICES 8,824,364 2,792,819 2,754,778 6,069,586 31% COMMUNITY SERVICES/ECONOMIC DEV.508,024 112,729 160,955 347,069 32% DEVELOPMENT SERVICES 2,185,960 535,592 523,426 1,662,534 24% PARKS & RECREATION 3,811,516 940,767 977,642 2,833,874 26% PUBLIC WORKS 2,088,677 569,310 619,885 1,468,792 30% FACILITIES MAINTENANCE 1,405,827 434,291 481,545 924,282 34% 41,017,923$ 11,303,782$ 14,163,986$ 26,853,937$ 35% Title 2014 Adopted Budget 4/30/2013 Expenditures 4/30/2014 Expenditures Amount Remaining % Spent WATER UTILITY FUND 9,630,124$ 1,413,173$ 1,818,190$ 7,811,934$ 19% STORM UTILITY FUND 6,571,213 941,573 922,902 5,648,311 14% SEWER/WWTP UTILITY FUND 14,746,399 3,617,445 2,223,434 12,522,965 15% BOND RESERVE FUND 840,816 - - 840,816 0% 31,788,552$ 5,972,190$ 4,964,526$ 26,824,026$ 16% EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY EXPENDITURES - UTILITY- BY FUND IN SUMMARY CITY OF EDMONDS CITY OF EDMONDS *Bond payment of $2.7 million was made in April of 2014 Packet Page 133 of 199 13 Page 1 of 4 Title 2014 Adopted Budget 4/30/2013 Expenditures 4/30/2014 Expenditures Amount Remaining % Spent CITY COUNCIL SALARIES 117,615$ 39,372$ 38,042$ 79,573$ 32% OVERTIME 2,000 222 124 1,876 6% BENEFITS 72,271 23,144 23,947 48,324 33% SUPPLIES 2,000 88 373 1,627 19% SMALL EQUIPMENT - - 580 (580) 0% PROFESSIONAL SERVICES 10,000 18,788 521 9,479 5% COMMUNICATIONS 3,000 780 863 2,137 29% TRAVEL 2,500 358 648 1,852 26% RENTAL/LEASE 490 147 171 319 35% REPAIRS/MAINTENANCE 1,500 - - 1,500 0% MISCELLANEOUS 27,268 450 212 27,056 1% 238,644$ 83,350$ 65,481$ 173,163$ 27% OFFICE OF MAYOR SALARIES 192,115$ 61,995$ 64,239$ 127,876$ 33% BENEFITS 46,170 13,931 14,970 31,200 32% SUPPLIES 2,000 804 92 1,908 5% PROFESSIONAL SERVICES 1,500 29 957 543 64% COMMUNICATION 1,400 255 247 1,153 18% TRAVEL 2,000 282 256 1,744 13% RENTAL/LEASE 2,400 630 852 1,548 35% REPAIR/MAINTENANCE 500 - - 500 0% MISCELLANEOUS 3,000 288 429 2,571 14% 251,085$ 78,215$ 82,041$ 169,044$ 33% HUMAN RESOURCES SALARIES 194,389$ 52,929$ 63,087$ 131,302$ 32% BENEFITS 59,339 15,992 21,657 37,682 36% SUPPLIES 2,300 1,115 1,399 901 61% SMALL EQUIPMENT 100 - 164 (64) 164% PROFESSIONAL SERVICES 71,000 6,394 17,480 53,520 25% COMMUNICATIONS 700 120 193 507 28% TRAVEL 500 100 - 500 0% ADVERTISING 5,000 1,388 1,030 3,970 21% RENTAL/LEASE 2,200 631 853 1,347 39% REPAIR/MAINTENANCE 6,000 5,349 6,119 (119) 102% MISCELLANEOUS 8,410 423 786 7,624 9% 349,938$ 84,440$ 112,767$ 237,171$ 32% MUNICIPAL COURT SALARIES 500,048$ 149,982$ 174,610$ 325,438$ 35% OVERTIME - - 1,621 (1,621) 0% BENEFITS 177,004 49,401 52,493 124,511 30% SUPPLIES 9,400 3,162 3,698 5,702 39% SMALL EQUIPMENT 2,500 1,003 236 2,264 9% PROFESSIONAL SERVICES 69,000 24,385 18,501 50,499 27% COMMUNICATIONS 2,600 552 906 1,694 35% TRAVEL 2,390 757 847 1,543 35% RENTAL/LEASE 1,070 319 607 463 57% REPAIR/MAINTENANCE 610 304 2,000 (1,390) 328% MISCELLANEOUS 37,250 2,980 2,247 35,003 6% 801,872$ 232,844$ 257,767$ 544,105$ 32% EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL CITY OF EDMONDS Packet Page 134 of 199 14 Page 2 of 4 Title 2014 Adopted Budget 4/30/2013 Expenditures 4/30/2014 Expenditures Amount Remaining % Spent CITY CLERK SALARIES AND WAGES 307,596$ 100,993$ 96,916$ 210,680$ 32% OVERTIME - - 284 (284) 0% BENEFITS 101,833 30,698 34,904 66,929 34% SUPPLIES 10,237 2,433 2,320 7,917 23% PROFESSIONAL SERVICES 24,107 8,291 7,886 16,221 33% COMMUNICATIONS 50,000 18,162 8,864 41,136 18% TRAVEL 1,000 - - 1,000 0% ADVERTISING 4,200 2,122 650 3,550 15% RENTAL/LEASE 20,000 5,331 5,696 14,304 28% REPAIRS & MAINTENANCE 14,300 4,795 5,934 8,366 41% MISCELLANEOUS 4,000 1,470 1,213 2,787 30% 537,273$ 174,295$ 164,667$ 372,606$ 31% ADMINISTRATIVE SERVICES SALARIES 771,709$ 223,289$ 234,978$ 536,731$ 30% OVERTIME 6,667 3,013 1,818 4,849 27% BENEFITS 255,363 68,088 80,303 175,061 31% SUPPLIES 36,036 9,064 22,437 13,599 62% SMALL EQUIPMENT 170,554 37,827 61,589 108,965 36% PROFESSIONAL SERVICES 103,856 66,489 2,792 101,064 3% COMMUNICATIONS 58,960 17,100 14,580 44,380 25% TRAVEL 1,750 - 6 1,744 0% RENTAL/LEASE 8,904 3,008 2,980 5,924 33% REPAIR/MAINTENANCE 180,986 71,900 73,317 107,669 41% MISCELLANEOUS 10,500 9,143 4,311 6,189 41% MACHINERY/EQUIPMENT 40,000 22,735 - 40,000 0% 1,645,285$ 531,656$ 499,111$ 1,146,174$ 30% CITY ATTORNEY PROFESSIONAL SERVICES 552,900$ 163,684$ 186,078$ 366,822$ 34% MISC PROSECUTOR - - 50 (50) 0% 552,900$ 163,684$ 186,128$ 366,772$ 34% NON-DEPARTMENTAL SALARIES 278,171$ -$ -$ 278,171$ 0% BENEFITS - UNEMPLOYMENT 25,000 12,434 8,481 16,519 34% SUPPLIES 3,000 - 115 2,885 4% PROFESSIONAL SERVICES 287,347 81,036 81,000 206,347 28% RENTAL/LEASE 3,600 3,600 3,600 - 100% INSURANCE 379,784 397,566 383,906 (4,122) 101% MISCELLANEOUS 55,708 40,165 42,274 13,434 76% INTERGOVT SERVICES 8,236,003 3,778,439 3,931,042 4,304,961 48% ECA LOAN PAYMENT 180,000 - - 180,000 0% EXCISE TAXES 6,452 993 1,128 5,324 17% INTERFUND TRANSFERS 5,137,373 255,078 - 5,137,373 0% GENERAL OBLIGATION BOND 2,874,066 - 2,720,000 154,066 95% INSTALLMENT PURCHASES 64,654 - 64,654 0 100% INTEREST ON LONG-TERM DEBT 85,400 - 24,632 60,768 29% DEBT ISSUANCE COSTS - - 16,481 (16,481) 0% FISCAL AGENT FEES - 478 479 (479) 0% INTERFUND SERVICES 200,000 - - 200,000 0% 17,816,558$ 4,569,788$ 7,277,792$ 10,538,766$ 41% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 135 of 199 15 Page 3 of 4 Title 2014 Adopted Budget 4/30/2013 Expenditures 4/30/2014 Expenditures Amount Remaining % Spent POLICE SERVICES SALARIES 5,263,948$ 1,707,771$ 1,673,391$ 3,590,557$ 32% OVERTIME 402,456 98,250 118,191 284,265 29% HOLIDAY BUYBACK 201,026 802 858 200,168 0% BENEFITS 1,962,070 593,704 650,029 1,312,041 33% UNIFORMS 56,910 15,439 14,076 42,834 25% SUPPLIES 87,500 27,145 26,834 60,666 31% SMALL EQUIPMENT 15,900 3,244 3,722 12,178 23% PROFESSIONAL SERVICES 114,287 21,403 34,436 79,851 30% COMMUNICATIONS 25,592 6,268 6,827 18,765 27% TRAVEL 14,300 1,069 1,224 13,076 9% ADVERTISING 375 36 21 354 6% RENTAL/LEASE 608,688 178,317 201,995 406,693 33% REPAIR/MAINTENANCE 16,115 2,618 2,416 13,699 15% MISCELLANEOUS 44,960 10,503 15,641 29,319 35% INTERGOVTL SERVICES 10,237 110,250 5,119 5,119 50% INTERFUND RENTAL - 16,000 - - 0% 8,824,364$ 2,792,819$ 2,754,778$ 6,069,586$ 31% COMMUNITY SERVICES/ECON DEV. SALARIES 216,742$ 71,283$ 117,511$ 99,231$ 54% BENEFITS 68,668 20,815 25,010 43,658 36% SUPPLIES 1,500 204 228 1,272 15% SMALL EQUIPMENT 800 - - 800 0% PROFESSIONAL SERVICES 145,824 17,489 14,007 131,817 10% COMMUNICATIONS 1,490 485 294 1,196 20% TRAVEL 2,000 - 6 1,994 0% ADVERTISING 39,500 - 1,477 38,023 4% RENTAL/LEASE 2,000 751 853 1,147 43% REPAIR/MAINTENANCE 500 - - 500 0% MISCELLANEOUS 29,000 1,703 1,569 27,431 5% 508,024$ 112,729$ 160,955$ 347,069$ 32% DEVELOPMENT SERVICES/PLANNING SALARIES 1,255,706$ 382,630$ 363,874$ 891,832$ 29% OVERTIME 1,300 25 1,012 288 78% BENEFITS 459,602 124,673 133,035 326,567 29% UNIFORMS 100 - - 100 0% SUPPLIES 13,100 2,480 4,519 8,581 34% SMALL EQUIPMENT 1,100 - 280 820 25% PROFESSIONAL SERVICES 380,800 6,384 (1,091) 381,891 0% COMMUNICATIONS 4,600 1,498 1,143 3,457 25% TRAVEL 1,600 12 33 1,567 2% ADVERTISING 4,000 1,367 2,420 1,580 61% RENTAL/LEASE 38,152 10,803 12,311 25,841 32% REPAIRS & MAINTENANCE 500 - - 500 0% MISCELLANEOUS 25,400 5,722 5,887 19,513 23% 2,185,960$ 535,592$ 523,426$ 1,662,534$ 24% ENGINEERING SALARIES 1,203,904$ 332,460$ 352,219$ 851,685$ 29% OVERTIME 5,000 947 - 5,000 0% BENEFITS 423,053 119,093 137,081 285,972 32% UNIFORMS 360 - - 360 0% SMALL EQUIPMENT 2,200 403 1,511 689 69% PROFESSIONAL SERVICES 52,950 840 - 52,950 0% COMMUNICATIONS 11,220 1,524 1,863 9,357 17% TRAVEL 600 10 40 560 7% ADVERTISING - 264 - - 0% RENTAL/LEASE 18,492 4,468 6,164 12,328 33% REPAIR/MAINTENANCE 1,800 - 699 1,101 39% MISCELLANEOUS 15,000 2,629 5,564 9,436 37% 1,734,579$ 462,638$ 505,140$ 1,229,439$ 29% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 136 of 199 16 Page 4 of 4 Title 2014 Adopted Budget 4/30/2013 Expenditures 4/30/2014 Expenditures Amount Remaining % Spent PARKS & RECREATION SALARIES 1,893,802$ 519,272$ 524,418$ 1,369,384$ 28% OVERTIME 5,000 1,881 1,917 3,083 38% BENEFITS 664,166 180,564 196,644 467,522 30% UNIFORMS 5,340 1,691 1,935 3,405 36% SUPPLIES 114,940 31,205 27,733 87,207 24% SMALL EQUIPMENT 43,929 1,820 2,951 40,978 7% PROFESSIONAL SERVICES 475,147 51,264 71,573 403,574 15% COMMUNICATIONS 28,818 9,367 1,778 27,040 6% TRAVEL 4,545 124 72 4,473 2% ADVERTISING 4,300 668 2,797 1,503 65% RENTAL/LEASE 170,019 50,023 56,149 113,870 33% PUBLIC UTILITY 175,000 45,894 33,550 141,450 19% REPAIR/MAINTENANCE 52,524 24,439 30,175 22,349 57% MISCELLANEOUS 87,570 17,557 20,950 66,620 24% MACHINERY/EQUIPMENT 15,721 - - 15,721 0% INTERGOVTL SERVICES 70,695 5,000 5,000 65,695 7% 3,811,516$ 940,767$ 977,642$ 2,833,874$ 26% PUBLIC WORKS SALARIES 250,358$ 80,084$ 82,784$ 167,574$ 33% OVERTIME 200 - - 200 0% BENEFITS 78,450 21,688 24,925 53,525 32% SUPPLIES 7,600 2,126 2,573 5,027 34% SMALL EQUIPMENT - - 443 (443) 0% PROFESSIONAL SERVICES 200 15 15 185 8% COMMUNICATIONS 1,350 493 232 1,118 17% TRAVEL 500 - - 500 0% RENTAL/LEASE 7,740 1,428 2,080 5,660 27% PUBLIC UTILITY 2,800 837 831 1,969 30% REPAIR/MAINTENANCE 1,000 - - 1,000 0% MISCELLANEOUS 3,900 - 862 3,038 22% 354,098$ 106,672$ 114,745$ 239,353$ 32% FACILITIES MAINTENANCE SALARIES 624,999$ 208,498$ 217,361$ 407,638$ 35% OVERTIME 2,500 23 680 1,820 27% BENEFITS 266,668 72,679 92,050 174,618 35% UNIFORMS 2,500 466 1,531 969 61% SUPPLIES 87,000 12,514 20,796 66,204 24% SMALL EQUIPMENT 3,000 572 1,931 1,069 64% PROFESSIONAL SERVICES - - 318 (318) 0% COMMUNICATIONS 13,500 4,365 4,877 8,623 36% RENTAL/LEASE 50,060 15,070 16,520 33,540 33% PUBLIC UTILITY 280,000 100,351 100,400 179,600 36% REPAIR/MAINTENANCE 73,500 18,675 23,309 50,191 32% MISCELLANEOUS 2,100 1,078 1,771 329 84% 1,405,827$ 434,291$ 481,545$ 924,282$ 34% TOTAL GENERAL FUND EXPENDITURES 41,017,923$ 11,303,782$ 14,163,986$ 26,853,937$ 35% CITY OF EDMONDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL Packet Page 137 of 199 17 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 1,922,341$ 1,922,341$ 1,704,062$ -11.35% February 4,013,965 2,091,624 6,617,557 64.86% March 6,283,590 2,269,626 8,899,880 41.64% April 9,625,539 3,341,949 12,575,092 30.64% May 18,184,894 8,559,355 23,757,288 30.64% June 20,096,577 1,911,683 26,254,768 30.64% July 22,322,038 2,225,461 29,162,177 30.64% August 24,269,126 1,947,088 31,705,910 30.64% September 26,177,374 1,908,248 34,198,903 30.64% October 29,315,875 3,138,501 38,299,134 30.64% November 37,024,188 7,708,313 48,369,504 30.64% December 39,005,697 1,981,509 50,958,207 30.64% *The difference between budget and actual shown is due to proceeds from refunding the 2003 UTGO Bonds. Proceeds were $2.8 million. Real Estate Excise Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 74,651$ 74,651$ 92,868$ 24.40% February 120,737 46,087 149,163 23.54% March 181,397 60,660 204,533 12.75% April 256,711 75,314 261,931 2.03% May 323,837 67,125 330,421 2.03% June 398,387 74,550 406,488 2.03% July 483,191 84,805 493,017 2.03% August 578,011 94,819 589,764 2.03% September 666,060 88,049 679,603 2.03% October 768,001 101,941 783,617 2.03% November 837,495 69,494 854,524 2.03% December 902,243 64,748 920,589 2.03% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Revenue Summary-General Fund 2014 City of Edmonds, WA Monthly Revenue Summary-Real Estate Excise Tax 0 8000000 16000000 24000000 32000000 40000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Current Year Budget Prior Year 0 200000 400000 600000 800000 1000000 1200000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Real Estate Excise Tax Current Year Budget Prior Year Packet Page 138 of 199 18 ($40,000)($20,000)$0 $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 $140,000 $160,000 $180,000 $200,000 $220,000 Clothing and Accessories Automotive Repair Wholesale Trade Health & Personal Care Accommodation Amusement & Recreation Communications Retail Food Stores Business Services Misc Retail Trade Retail Eating & Drinking Others Contractors Retail Automotive/Gas Total ($7,412) ($2,916) ($1,460) $244 $930 $2,137 $3,182 $5,314 $9,357 $11,466 $19,953 $23,125 $29,145 $135,892 $228,958 Change in Sales Tax Revenue: April 2014 compared to April 2013 Retail Eating & Drinking 219,648 Contractors 244,476 Wholesale Trade 76,239 Communications 73,021 Misc Retail Trade 231,670 Accommodation 9,921 Business Services 132,522 Health & Personal Care 30,456 Automotive Repair 49,794 Amusement & Recreation 23,598 Retail Food Stores 82,940 Others 100,679 Retail Automotive/Gas 524,178 Clothing and Accessories 71,477 Sales Tax Analysis By Category Current Period: April 2014 Year-to-Date Total $1,870,619 Packet Page 139 of 199 19 Sales and Use Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 428,831$ 428,831$ 444,169$ 3.58% February 963,323 534,493 998,510 3.65% March 1,363,952 400,629 1,477,603 8.33% April 1,763,418 399,466 1,870,619 6.08% May 2,251,403 487,985 2,388,270 6.08% June 2,687,897 436,495 2,851,300 6.08% July 3,127,170 439,272 3,317,276 6.08% August 3,623,461 496,291 3,843,738 6.08% September 4,086,398 462,937 4,334,818 6.08% October 4,563,331 476,933 4,840,745 6.08% November 5,078,747 515,416 5,387,494 6.08% December 5,525,609 446,862 5,861,521 6.08% Gas Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 113,876$ 113,876$ 103,199$ -9.38% February 239,319 125,442 198,165 -17.20% March 342,980 103,661 298,299 -13.03% April 436,459 93,479 376,839 -13.66% May 512,262 75,803 442,288 -13.66% June 565,759 53,498 488,478 -13.66% July 607,696 41,937 524,686 -13.66% August 638,725 31,029 551,477 -13.66% September 666,716 27,990 575,644 -13.66% October 696,005 29,289 600,932 -13.66% November 746,459 50,453 644,494 -13.66% December 819,286 72,827 707,373 -13.66% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Revenue Summary-Sales and Use Tax 2014 City of Edmonds, WA Monthly Revenue Summary-Gas Utility Tax 0 1000000 2000000 3000000 4000000 5000000 6000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Sales and Use Tax Current Year Budget Prior Year 0 100000 200000 300000 400000 500000 600000 700000 800000 900000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Gas Utility Tax Current Year Budget Prior Year Packet Page 140 of 199 20 Telephone Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 126,925$ 126,925$ 120,158$ -5.33% February 249,682 122,757 248,366 -0.53% March 386,065 136,384 359,490 -6.88% April 499,602 113,536 470,135 -5.90% May 645,057 145,456 607,011 -5.90% June 768,223 123,165 722,912 -5.90% July 895,235 127,013 842,433 -5.90% August 1,037,189 141,953 976,014 -5.90% September 1,143,101 105,912 1,075,680 -5.90% October 1,286,698 143,597 1,210,807 -5.90% November 1,381,314 94,616 1,299,842 -5.90% December 1,544,793 163,479 1,453,679 -5.90% Electric Utility Tax Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 158,918$ 158,918$ 175,072$ 10.16% February 320,172 161,254 352,390 10.06% March 475,954 155,782 534,485 12.30% April 631,990 156,035 690,245 9.22% May 774,898 142,908 846,325 9.22% June 885,438 110,541 967,055 9.22% July 991,385 105,947 1,082,768 9.22% August 1,087,004 95,619 1,187,201 9.22% September 1,187,503 100,499 1,296,963 9.22% October 1,274,792 87,289 1,392,298 9.22% November 1,383,012 108,220 1,510,493 9.22% December 1,490,394 107,382 1,627,774 9.22% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Revenue Summary-Telephone Utility Tax 2014 City of Edmonds, WA Monthly Revenue Summary-Electric Utility Tax 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Telephone Utility Tax Current Year Budget Prior Year 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 1800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Electric Utility Tax Current Year Budget Prior Year Packet Page 141 of 199 21 Meter Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 429,754$ 429,754$ 489,005$ 13.79% February 729,586 299,832 828,145 13.51% March 1,147,622 418,036 1,294,140 12.77% April 1,435,683 288,061 1,607,107 11.94% May 1,858,183 422,500 2,080,054 11.94% June 2,169,885 311,702 2,428,974 11.94% July 2,657,881 487,996 2,975,238 11.94% August 3,086,188 428,307 3,454,686 11.94% September 3,680,575 594,387 4,120,044 11.94% October 4,108,457 427,882 4,599,016 11.94% November 4,610,786 502,330 5,161,324 11.94% December 4,924,500 313,714 5,512,496 11.94% Storm Water Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 210,362$ 210,362$ 216,037$ 10.16% February 663,443 453,081 680,744 10.06% March 874,097 210,654 896,910 12.30% April 1,061,161 187,064 1,089,565 9.22% May 1,272,188 211,026 1,306,240 9.22% June 1,459,452 187,265 1,498,517 9.22% July 1,671,872 212,419 1,716,622 2.68% August 2,138,683 466,812 2,195,928 2.68% September 2,356,833 218,149 2,419,917 2.68% October 2,549,604 192,771 2,617,848 2.68% November 2,766,495 216,890 2,840,543 2.68% December 2,959,725 193,230 3,038,946 2.68% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Revenue Summary-Meter Water Sales 2014 City of Edmonds, WA Monthly Revenue Summary-Storm Water Sales 0 1000000 2000000 3000000 4000000 5000000 6000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Meter Water Sales Current Year Budget Prior Year 0 1000000 2000000 3000000 4000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Storm Water Sales Current Year Budget Prior Year Packet Page 142 of 199 22 Unmeter Sewer Sales Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 434,795$ 434,795$ 479,087$ 10.19% February 786,497 351,702 860,724 9.44% March 1,218,216 431,719 1,335,216 9.60% April 1,568,380 350,165 1,717,700 9.52% May 2,004,398 436,018 2,195,229 9.52% June 2,358,600 354,202 2,583,153 9.52% July 2,803,274 444,674 3,070,162 9.52% August 3,161,173 357,899 3,462,135 9.52% September 3,614,263 453,090 3,958,362 9.52% October 3,973,096 358,833 4,351,358 9.52% November 4,416,998 443,903 4,837,522 9.52% December 4,773,750 356,752 5,228,239 9.52% City of Edmonds, WA Monthly Revenue Summary-Unmeter Sewer Sales 2014 *The monthly budget forecast columns are based on a five-year average. 0 1000000 2000000 3000000 4000000 5000000 6000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Unmeter Sewer Sales Current Year Budget Prior Year Packet Page 143 of 199 23 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 4,323,477$ 4,323,477$ 4,116,199$ -4.79% February 7,241,054 2,917,577 5,980,774 -17.40% March 10,327,699 3,086,645 9,514,450 -7.87% April 13,984,047 3,656,348 14,163,986 1.29% May 16,321,972 2,337,925 16,531,994 1.29% June 20,090,914 3,768,942 20,349,433 1.29% July 23,791,643 3,700,729 24,097,781 1.29% August 26,718,400 2,926,757 27,062,198 1.29% September 30,539,111 3,820,711 30,932,071 1.29% October 33,259,023 2,719,912 33,686,982 1.29% November 36,285,678 3,026,655 36,752,582 1.29% December 41,017,923 4,732,245 41,545,719 1.29% Non-Departmental Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 3,068,401$ 3,068,401$ 2,396,214$ -21.91% February 3,846,233 777,832 2,563,640 -33.35% March 4,950,102 1,103,869 4,388,210 -11.35% April 6,682,580 1,732,478 7,277,792 8.91% May 6,906,919 224,339 7,522,112 8.91% June 9,057,540 2,150,621 9,864,288 8.91% July 10,731,894 1,674,353 11,687,774 8.91% August 11,362,211 630,317 12,374,233 8.91% September 13,308,539 1,946,329 14,493,919 8.91% October 13,878,772 570,233 15,114,942 8.91% November 14,484,996 606,224 15,775,162 8.91% December 17,816,558 3,331,562 19,403,463 8.91% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-General Fund 2014 City of Edmonds, WA Monthly Expenditure Report-Non-Departmental 0 5000000 10000000 15000000 20000000 25000000 30000000 35000000 40000000 45000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC General Fund Current Year Budget Prior Year 0 2000000 4000000 6000000 8000000 10000000 12000000 14000000 16000000 18000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Non-Departmental Current Year Budget Prior Year Packet Page 144 of 199 24 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 17,436$ 17,436$ 14,710$ -15.64% February 37,196 19,760 29,242 -21.38% March 56,930 19,734 46,539 -18.25% April 74,661 17,731 65,481 -12.29% May 91,717 17,056 80,440 -12.29% June 111,368 19,651 97,675 -12.29% July 133,849 22,481 117,392 -12.29% August 154,203 20,355 135,244 -12.29% September 171,728 17,524 150,614 -12.29% October 193,996 22,268 170,144 -12.29% November 214,250 20,254 187,908 -12.29% December 238,644 24,394 209,303 -12.29% Office of Mayor Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 21,493$ 21,493$ 19,866$ -7.57% February 42,845$ 21,353$ 40,990 -4.33% March 63,933$ 21,088$ 61,132 -4.38% April 84,211$ 20,278$ 82,041 -2.58% May 104,565$ 20,354$ 101,871 -2.58% June 125,279$ 20,714$ 122,050 -2.58% July 146,686$ 21,408$ 142,906 -2.58% August 167,273$ 20,586$ 162,962 -2.58% September 187,312$ 20,039$ 182,485 -2.58% October 209,955$ 22,643$ 204,544 -2.58% November 231,093$ 21,138$ 225,138 -2.58% December 251,085$ 19,992$ 244,615 -2.58% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-City Council 2014 City of Edmonds, WA Monthly Expenditure Report-Office of Mayor 0 50000 100000 150000 200000 250000 300000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Council Current Year Budget Prior Year Linear (Budget) 0 50000 100000 150000 200000 250000 300000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Office of Mayor Current Year Budget Prior Year Packet Page 145 of 199 25 Human Resources Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 25,798$ 25,798$ 27,275$ 5.72% February 52,555 26,756 60,853 15.79% March 84,843 32,288 88,106 3.85% April 114,019 29,176 112,767 -1.10% May 143,795 29,775 142,216 -1.10% June 171,136 27,342 169,257 -1.10% July 199,812 28,676 197,618 -1.10% August 225,905 26,093 223,424 -1.10% September 257,927 32,022 255,095 -1.10% October 285,341 27,413 282,207 -1.10% November 310,098 24,757 306,693 -1.10% December 349,938 39,840 346,096 -1.10% Municipal Court Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 59,240$ 59,240$ 58,367$ -1.47% February 125,452 66,212 116,841 -6.86% March 193,525 68,074 198,204 2.42% April 262,436 68,911 257,767 -1.78% May 327,513 65,077 321,687 -1.78% June 396,410 68,897 389,358 -1.78% July 459,812 63,402 451,632 -1.78% August 527,281 67,468 517,900 -1.78% September 590,660 63,379 580,152 -1.78% October 658,527 67,868 646,812 -1.78% November 725,443 66,915 712,537 -1.78% December 801,872 76,429 787,607 -1.78% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-Human Resources 2014 City of Edmonds, WA Monthly Expenditure Report-Municipal Court 0 100000 200000 300000 400000 500000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Human Resources Current Year Budget Prior Year 0 100000 200000 300000 400000 500000 600000 700000 800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Municipal Court Current Year Budget Prior Year Packet Page 146 of 199 26 Community Services/Economic Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 31,471$ 31,471$ 24,299$ -22.79% February 80,480 49,009 54,146 -32.72% March 121,436 40,956 83,578 -31.18% April 161,422 39,986 160,955 -0.29% May 203,742 42,320 203,153 -0.29% June 240,317 36,574 239,621 -0.29% July 291,509 51,193 290,666 -0.29% August 327,786 36,277 326,838 -0.29% September 366,394 38,607 365,334 -0.29% October 408,391 41,998 407,210 -0.29% November 444,482 36,090 443,196 -0.29% December 508,024 63,542 506,554 -0.29% City Clerk Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 39,751$ 39,751$ 40,227$ 1.20% February 81,417 41,666 85,455 4.96% March 128,867 47,450 127,044 -1.41% April 170,636 41,769 164,667 -3.50% May 217,171 46,535 209,575 -3.50% June 257,997 40,826 248,973 -3.50% July 303,101 45,105 292,500 -3.50% August 347,896 44,795 335,728 -3.50% September 395,264 47,368 381,439 -3.50% October 442,040 46,776 426,579 -3.50% November 489,440 47,400 472,321 -3.50% December 537,273 47,833 518,481 -3.50% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-Community Services/Economic Development 2014 City of Edmonds, WA Monthly Expenditure Report-City Clerk 0 100000 200000 300000 400000 500000 600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Community Services/Economic Development Current Year Budget Prior Year 0 100000 200000 300000 400000 500000 600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Clerk Current Year Budget Prior Year Packet Page 147 of 199 27 Information Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 64,335$ 64,335$ 58,589$ -8.93% February 144,552 80,218 139,016 -3.83% March 210,044 65,492 181,347 -13.66% April 270,577 60,533 227,941 -15.76% May 331,379 60,802 279,162 -15.76% June 386,283 54,904 325,415 -15.76% July 435,056 48,773 366,502 -15.76% August 479,932 44,876 404,307 -15.76% September 532,834 52,903 448,873 -15.76% October 596,181 63,346 502,238 -15.76% November 674,806 78,626 568,474 -15.76% December 836,856 162,050 704,989 -15.76% Finance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 76,488$ 76,488$ 130,464$ 70.57% February 146,752 70,263 153,899 4.87% March 212,713 65,961 209,473 -1.52% April 274,608 61,895 271,170 -1.25% May 335,512 60,905 331,312 -1.25% June 406,136 70,624 401,052 -1.25% July 470,869 64,733 464,974 -1.25% August 528,622 57,753 522,004 -1.25% September 592,790 64,168 585,369 -1.25% October 665,109 72,319 656,782 -1.25% November 735,415 70,306 726,208 -1.25% December 808,429 73,014 798,308 -1.25% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-Information Services 2014 City of Edmonds, WA Monthly Expenditure Report-Finance 0 100000 200000 300000 400000 500000 600000 700000 800000 900000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Information Services Current Year Budget Prior Year 0 100000 200000 300000 400000 500000 600000 700000 800000 900000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Finance Current Year Budget Prior Year Packet Page 148 of 199 28 City Attorney Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 46,075$ 46,075$ 32,000$ -30.55% February 92,150 46,075 91,366 -0.85% March 138,225 46,075 123,381 -10.74% April 184,300 46,075 186,128 0.99% May 230,375 46,075 232,660 0.99% June 276,450 46,075 279,192 0.99% July 322,525 46,075 325,724 0.99% August 368,600 46,075 372,256 0.99% September 414,675 46,075 418,788 0.99% October 460,750 46,075 465,321 0.99% November 506,825 46,075 511,853 0.99% December 552,900 46,075 558,385 0.99% Police Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 694,934$ 694,934$ 681,573$ -1.92% February 1,396,727 701,792 1,369,842 -1.92% March 2,108,550 711,824 2,062,997 -2.16% April 2,804,359 695,808 2,754,778 -1.77% May 3,483,663 679,305 3,422,073 -1.77% June 4,223,782 740,119 4,149,107 -1.77% July 4,932,717 708,934 4,845,507 -1.77% August 5,641,058 708,341 5,541,325 -1.77% September 6,384,074 743,016 6,271,205 -1.77% October 7,087,171 703,097 6,961,871 -1.77% November 8,045,281 958,110 7,903,042 -1.77% December 8,824,364 779,083 8,668,351 -1.77% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-City Attorney 2014 City of Edmonds, WA Monthly Expenditure Report-Police 0 100000 200000 300000 400000 500000 600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC City Attorney Current Year Budget Prior Year 0 1000000 2000000 3000000 4000000 5000000 6000000 7000000 8000000 9000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Police Current Year Budget Prior Year Packet Page 149 of 199 29 Development Services Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 179,731$ 179,731$ 126,887$ -29.40% February 358,977 179,246 257,352 -28.31% March 560,541 201,563 387,354 -30.90% April 736,099 175,558 523,426 -28.89% May 910,009 173,910 647,090 -28.89% June 1,078,220 168,211 766,701 -28.89% July 1,254,294 176,074 891,904 -28.89% August 1,440,601 186,307 1,024,383 -28.89% September 1,621,328 180,727 1,152,895 -28.89% October 1,816,254 194,926 1,291,503 -28.89% November 1,997,513 181,259 1,420,393 -28.89% December 2,185,960 188,447 1,554,394 -28.89% Parks & Recreation Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 243,789$ 243,789$ 237,608$ -2.54% February 511,969 268,181 486,587 -4.96% March 798,363 286,393 732,519 -8.25% April 1,075,752 277,389 977,642 -9.12% May 1,366,907 291,155 1,242,243 -9.12% June 1,710,422 343,515 1,554,429 -9.12% July 2,149,079 438,657 1,953,080 -9.12% August 2,584,204 435,125 2,348,521 -9.12% September 2,912,856 328,652 2,647,199 -9.12% October 3,200,535 287,679 2,908,641 -9.12% November 3,464,074 263,539 3,148,145 -9.12% December 3,811,516 347,442 3,463,899 -9.12% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-Development Services 2014 City of Edmonds, WA Monthly Expenditure Report-Parks & Recreation 0 400000 800000 1200000 1600000 2000000 2400000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Development Services Current Year Budget Prior Year 0 500000 1000000 1500000 2000000 2500000 3000000 3500000 4000000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Parks & Recreation Current Year Budget Prior Year Packet Page 150 of 199 30 Public Works Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 29,205$ 29,205$ 27,811$ -4.77% February 57,374 28,169 55,607 -3.08% March 85,998 28,624 84,738 -1.47% April 113,676 27,678 114,745 0.94% May 142,297 28,621 143,635 0.94% June 171,373 29,077 172,985 0.94% July 210,538 39,164 212,517 0.94% August 238,755 28,217 241,000 0.94% September 266,891 28,136 269,401 0.94% October 296,178 29,287 298,963 0.94% November 322,670 26,492 325,704 0.94% December 354,098 31,428 357,428 0.94% Facilities Maintenance Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 109,761$ 109,761$ 118,162$ 7.65% February 228,319 118,558 229,255 0.41% March 356,501 128,182 363,708 2.02% April 468,975 112,475 481,545 2.68% May 583,345 114,370 598,981 2.68% June 696,280 112,934 714,942 2.68% July 809,237 112,957 830,926 2.68% August 918,038 108,802 942,644 2.68% September 1,038,936 120,897 1,066,782 2.68% October 1,145,093 106,158 1,175,785 2.68% November 1,265,760 120,666 1,299,685 2.68% December 1,405,827 140,067 1,443,507 2.68% *The monthly budget forecast columns are based on a five-year average. 2014 City of Edmonds, WA Monthly Expenditure Report-Public Works 2014 City of Edmonds, WA Monthly Expenditure Report-Facilities Maintenance 0 50000 100000 150000 200000 250000 300000 350000 400000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Public Works Current Year Budget Prior Year 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Facilities Maintenance Current Year Budget Prior Year Packet Page 151 of 199 31 Engineering Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January 145,346$ 145,346$ 122,149$ -15.96% February 292,949 147,603 246,682 -15.79% March 437,616 144,667 376,122 -14.05% April 582,646 145,030 505,140 -13.30% May 725,109 142,463 628,652 -13.30% June 866,319 141,210 751,078 -13.30% July 1,007,948 141,630 873,868 -13.30% August 1,150,544 142,595 997,495 -13.30% September 1,298,303 147,759 1,125,598 -13.30% October 1,452,811 154,508 1,259,553 -13.30% November 1,596,130 143,319 1,383,807 -13.30% December 1,734,579 138,449 1,503,839 -13.30% *The monthly budget forecast columns are based on a five-year average. City of Edmonds, WA Monthly Expenditure Report-Engineering 2014 0 200000 400000 600000 800000 1000000 1200000 1400000 1600000 1800000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Engineering Current Year Budget Prior Year Packet Page 152 of 199 32 INVESTMENT PORTFOLIO SUMMARY (a) Term Purchase Purchase Maturity Yield to Weighted Agency / Issuer Investment Type (months) Date Price Date Maturity Average Washington State Local Government Investment Pool Investment Pool Various 23,845,723$ Various 0.10% 0.057% Snohomish County Investment Pool Investment Pool Various 15,015,379$ Various 0.71% 0.250% Opus Bank Certificate of Deposit 24 9/17/2012 500,000 9/17/2014 0.60% 0.007% FHLMC Bonds 60 12/28/2012 1,000,000 12/28/2017 0.90% 0.021% FHLMC Bonds 54 12/27/2012 1,000,000 6/27/2017 0.75% 0.018% FFCB Bonds 45 12/19/2012 1,000,000 9/19/2016 0.54% 0.013% TOTAL 42,361,102$ 0.37%0.367% Investment Mix % of Total State Investment Pool 56.3% Current 6-month treasury rate 0.05% Certificate of Deposit 1.2% Current State Pool rate 0.10% Bonds 7.1% Blended Edmonds rate 0.37% Snohomish County Investment Pool 35.4% 100.0% (a) To maturity. Rate Comparison City of Edmonds Investment Portfolio Summary As of April 30, 2014 Packet Page 153 of 199 33 GENERAL FUND OVERVIEW 12/31/2013 3/31/2014 4/30/2014 Q1 YTD 001-General Fund 6,834,380$ 6,219,809$ 5,245,485$ (614,570)$ (1,588,894)$ 009-Leoff-Medical Ins. Reserve 440,744 341,370 316,485 (99,375) (124,259) 011-Risk Management Fund 387,195 387,195 387,268 - 73 012 - Contingency Reserve Fund 5,376,796 5,383,161 5,384,186 6,365 7,390 013-Mulitmodal Transportation FD 55,859 55,859 55,870 - 11 014-Historic Preservation Gift Fund 1,062 1,063 1,063 1 1 016-Building Maintenance 64,762 239,736 239,129 174,974 174,367 Total General Fund 13,160,798$ 12,628,193$ 11,629,487$ (532,605)$ (1,531,312)$ GENERAL FUND FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $13.16 $12.63 $11.63 - 2 4 6 8 10 12 14 16 Dec 2013 March 2014 April 2014 Mi l l i o n s Series1 General Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 reflect amounts from the un-audited financial statements. Packet Page 154 of 199 34 GOVERNMENTAL FUNDS OVERVIEW 12/31/2013 3/31/2014 4/30/2014 Q1 YTD General Fund 13,160,798$ 12,628,193$ 11,629,487$ (532,605)$ (1,531,312)$ Special Revenue 5,373,323 6,538,493 6,487,048 1,165,173 1,113,725 Debt Service 57,161 58,616 58,012 1,455 851 Total Governmental Funds 18,591,283$ 19,225,302$ 18,174,547$ 634,022$ (416,736)$ CHANGE IN FUND BALANCESGOVERNMENTAL FUNDS FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $13.16 $12.63 $11.63 $5.37 $6.54 $6.49 $0.06 $0.06 $0.06 - 2 4 6 8 10 12 14 16 Dec 2013 March 2014 April 2014 Mi l l i o n s General Fund Special Revenue Debt Service Governmental Fund Balances-By Fund GroupGovernmental Fund Balances-By Fund Group $18.59 $19.23 $18.17 - 6 12 18 24 Dec 2013 March 2014 April 2014 Mi l l i o n s Governmental Fund Balances -Combined *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 reflect amounts from the un-audited financial statements. Packet Page 155 of 199 35 SPECIAL REVENUE FUNDS OVERVIEW 12/31/2013 3/31/2014 4/30/2014 Q1 YTD 104 - Drug Enforcement Fund 91,432$ 107,335$ 106,145$ 15,903$ 14,713$ 111 - Street Fund 215,200 172,100 161,422 (43,099) (53,778) 112 - Combined Street Const/Improve 481,154 1,231,656 1,072,665 750,502 591,510 117 - Municipal Arts Acquis. Fund 431,932 434,075 433,938 2,143 2,006 118 - Memorial Street Tree 17,703 17,720 17,723 17 21 120 - Hotel/Motel Tax Revenue Fund 106,735 120,009 116,624 13,274 9,888 121 - Employee Parking Permit Fund 61,719 70,387 71,050 8,668 9,331 122 - Youth Scholarship Fund 13,858 13,413 13,187 (445) (671) 123 - Tourism Promotional Fund/Arts 70,429 74,409 75,764 3,980 5,335 125 - Real Estate Tax 2 1,101,453 1,259,770 1,308,688 158,317 207,235 126 - Real Estate Excise Tax 1 760,453 962,485 1,019,781 202,033 259,328 127 - Gifts Catalog Fund 225,677 245,477 246,449 19,800 20,772 129 - Special Projects Fund 15,289 39,717 39,722 24,428 24,433 130 - Cemetery Maintenance/Improvement 70,203 72,688 73,274 2,486 3,071 132 - Parks Construction Fund 718,446 721,279 730,003 2,834 11,557 136 - Parks Trust Fund 150,334 150,481 150,510 147 175 137 - Cemetery Maintenance Trust Fund 839,292 843,747 845,359 4,456 6,067 138 - Sister City Commission 2,014 1,743 4,743 (272) 2,729 Total Special Revenue 5,373,323$ 6,538,493$ 6,487,048$ 1,165,173$ 1,113,725$ GOVERNMENTAL Special Revenue FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $5.37 $6.54 $6.49 - 1 2 3 4 5 6 7 8 Dec 2013 March 2014 April 2014 Mi l l i o n s Special Revenue Special Revenue Funds *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 reflect amounts from the un-audited financial statements. Packet Page 156 of 199 36 ENTERPRISE FUNDS OVERVIEW 12/31/2013 3/31/2014 4/30/2014 Q1 YTD 421 - Water Utility Fund 15,244,015$ 15,734,903$ 15,523,125$ 252,119$ 279,110$ 422 - Storm Utility Fund 9,184,099 9,748,394 9,578,499 461,532 394,400 423 - Sewer/WWTP Utility Fund 43,359,087 43,997,013 43,684,187 402,932 325,100 424 - Bond Reserve Fund 787,224 843,959 787,224 - - 411 - Combined Utility Operation - 69,199 89,500 69,199 89,500 Total Enterprise Funds 68,574,425$ 70,393,467$ 69,662,536$ 1,185,782$ 1,088,111$ ENTERPRISE FUNDS FUND BALANCES CHANGE IN FUND ---- ACTUAL -------- ACTUAL ---- $89,500 $15,523,125 $9,578,499 $43,684,187 $787,224 $- $10,000,000 $20,000,000 $30,000,000 $40,000,000 $50,000,000 Combined Utility Water Utility Storm Utility Sewer/WWTP Utility Bond Reserve Enterprise Fund Balances as of April 30, 2014 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 reflect amounts from the un-audited financial statements. Packet Page 157 of 199 37 SUMMARY OVERVIEW 12/31/2013 3/31/2014 4/30/2014 Q1 YTD Governmental Funds 18,591,283$ 19,225,302$ 18,174,547$ 634,022$ (416,736)$ Enterprise Funds 68,574,425 70,393,467 69,662,536 1,185,782 1,088,111 Internal Services Fund 6,847,165 7,107,793 6,993,005 161,404 145,840 Agency Funds 247,178 252,032 258,837 4,854 11,658 Total City-wide Total 94,260,051$ 96,978,594$ 95,088,924$ 1,986,062$ 828,873$ CITY-WIDE FUND BALANCES ---- ACTUAL ---- CHANGE IN FUND BALANCES ---- ACTUAL ---- $88,387 $170,450 $6,993,005 $47,968 $10,152 $4,743 $845,359 $150,510 $730,003 $73,274 $39,722 $246,449 $1,019,781 $1,308,688 $75,764 $13,187 $71,050 $116,624 $17,723 $433,938 $1,072,665 $161,422 $106,145 $11,629,487 $1 $2,000,000 Business Improvement District Firemen's Pension Fund Equipment Rental Fund 2012 LTGO Debt Service Fund L.I.D. Guaranty Fund L.I.D. Fund Control Sister City Commission Cemetery Maintenance Trust Fund Parks Trust Fund Parks Construction Fund Cemetery Maintenance/Improvement Special Projects Fund Gifts Catalog Fund Real Estate Excise Tax 1, Parks Acq Real Estate Excise Tax 2 Tourism Promotional Fund/Arts Youth Scholarship Fund Employee Parking Permit Fund Hotel/Motel Tax Revenue Fund Memorial Street Fund Municipal Arts Acquis. Fund Combined Street Const/Improve Street Fund Drug Enforcement Fund General Fund Governmental Fund Balances as of April 30, 2014 $(108) *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 reflect amounts from the un-audited financial statements. Packet Page 158 of 199 38 INTERNAL SERVICE FUNDS OVERVIEW 12/31/2013 3/31/2014 4/30/2014 Q1 YTD 511 - Equipment Rental Fund 6,847,165$ 7,107,793$ 6,993,005$ 161,404$ 145,840$ Total Internal Service Funds 6,847,165$ 7,107,793$ 6,993,005$ 161,404$ 145,840$ INTERNAL SERVICE FUNDS FUND BALANCES CHANGE IN FUND BALANCES ---- ACTUAL -------- ACTUAL ---- $6.85 $7.11 $6.99 - 2 4 6 8 Dec 2013 March 2014 April 2014 Mi l l i o n s 511 - Equipment Rental Fund Internal Service Fund Balances *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. The beginning fund balances for 2014 reflect amounts from the un-audited financial statements. Packet Page 159 of 199    AM-6914     8. B.              City Council Committee Meetings Meeting Date:06/10/2014 Time:10 Minutes   Submitted For:Edmonds PFD Submitted By:Scott Passey Department:City Clerk's Office Committee: Finance Type:  Information Subject Title Report of the Edmonds Public Facilities District Recommendation This item is presented for information only. Previous Council Action Narrative The report will be provided by Joe Mclalwain, Executive Director of the Edmonds PFD. Form Review Form Started By: Scott Passey Started On: 06/05/2014 12:28 PM Final Approval Date: 06/05/2014  Packet Page 160 of 199    AM-6902     9. A.              City Council Committee Meetings Meeting Date:06/10/2014 Time:5 Minutes   Submitted For:Bertrand Hauss Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Briefing on the 2015-2020 Six-Year Transportation Improvement Program Recommendation Review the proposed Six Year Transportation Improvement Program and provide comments and feedback.  A public hearing is scheduled for the June 17, 2014 City Council meeting.  Previous Council Action On April 15, 2014, Council approved an amendment to the 2014-2019 Six-Year Transportation Improvement Program. The amendment added the 76th Ave. W re-striping project from 220th St. SW to Olympic View Dr. Narrative The Six Year Transportation Improvement Program (TIP) is a transportation planning document that identifies funded, partially funded, and unfunded projects that are planned or needed over the next six calendar years. The TIP also identifies the expenditures and secured or reasonably expected revenues for each of the projects included in the TIP. The City practice in preparing the TIP each year has been to keep it financially constrained the first 3 years (2015-2017), but not the last 3 years (2018-2020). RCW 35.77.010 and requires each city to update and adopt their TIP prior to July 1st of each year. A copy of the adopted TIP will be submitted to the Puget Sound Regional Council, Washington State Department of Transportation, and adjacent jurisdictions after it has been approved by the City Council. Some of the projects in the TIP are shown as funded through secured or unsecured Federal / State grants, as well as from the local funds. Due to a shortfall in transportation funding, a number of unsecured State and Federal transportation grants have been programmed to fund projects beginning in 2018. Most transportation grants are competitive, and the success of how many grants are secured in the future will depend on other transportation needs and funding requests in the region. Projects not identified in this document may not be eligible for Federal / State funding. This overview serves as an introduction to the 2015-2020 TIP and a Public Hearing is scheduled for the June 17th City Council meeting.     Attachments Six Year TIP (2015-2020) Resolution Form Review Inbox Reviewed By Date Engineering Megan Luttrell 06/05/2014 11:47 AM Public Works Phil Williams 06/05/2014 01:16 PM City Clerk Scott Passey 06/05/2014 01:59 PM Mayor Dave Earling 06/05/2014 02:58 PM Packet Page 161 of 199 Finalize for Agenda Scott Passey 06/05/2014 03:42 PM Form Started By: Megan Luttrell Started On: 06/03/2014 01:09 PM Final Approval Date: 06/05/2014  Packet Page 162 of 199 Grant Opportunity Project (2015-2020) Project Name Purpose Grant/Date Phase Total Cost Source 2015 2016 2017 2018 2019 2020 Preservation/Maintenance Projects: Annual Street Preservation Grind pavement, overlay, chip seal,Possible Grant Engineering $1,700,000 (Federal, unsecured)$800,000 $900,000 Program && $0 (State) and slurry seal Local Funds Construction $12,750,000 (Local)$1,600,000 $1,650,000 $1,700,000 $2,800,000 $2,000,000 $3,000,000 220th St. SW Overlay from Possible grant Engineering $780,000 (Federal, unsecured)$780,000 76th Ave. W to 84th Ave. W Grind pavement and overlay & &$0 (State) Local Funds Construction $260,000 (Local)$260,000 Citywide Signal Upgrade traffic signal cabinets Engineering $650,000 (Federal, unsecured)$325,000 $325,000 Improvements Possible Grant &$0 (State) and improve technology Construction $0 (Local) 238th @ 100th Av. Signal Upgrades Rebuild traffic signal system Engineering $0 (Federal) with new signal mast arms, cabinet, and Possible Grant &$750,000 (State, unsecured)$750,000 video detection Construction $0 (Local) TOTAL $2,640,000 $1,650,000 $2,500,000 $3,875,000 $3,225,000 $3,000,000 Safety / Capacity Analysis: 212th St. SW / 84th Ave. W (5 Corners)Install roundabout with conversion of overhead utilities Secured Grant Construction $86,500 (Federal, secured)$86,500 Intersection Improvements to underground, water line replacement, and stormwater & $0 (State) upgrades Local Funds $13,500 (Local, Traffic Impact Fees) $13,500 228th St. SW. Corridor Safety Construct missing roadway link on 228th St. SW between ROW $200,000 (Federal, secured)$200,000 Improvements Hwy. 99 and 76th Ave. W. Install traffic signals at Secured Grants $0 (State) Hwy. 99 @ 228th St. SW and 76th Ave. W @ 228th St &$0 (Local) to improve safety. Bike lanes and sidewalk will be added Local Funds Construction $3,533,000 (Federal, secured)$2,000,000 $1,533,000 on both sides of the new stretch. Stormwater $1,722,000 (State, secured)$1,000,000 $722,000 Improvements are incorporated into this project.$355,000 (Local)$355,000 76th Av. W @ 212th St. SW Intersection $30,000 (Federal, secured)$30,000 Improvements Engineering $0 (State) $4,000 (Local, Fund 421)$4,000 $2,000 (Local, Fund 423)$2,000 Re-design intersection to reduce intersection delay / Secured grants $5,000 (Local, Traffic Impact Fees)$5,000 improve level of service. Utility $600,000 (Federal, secured)$300,000 $300,000 improvements are included in the project. ROW $0 (State) $143,000 (Local)$47,000 $47,000 & Local Funds Construction $3,020,000 (Federal, unsecured)$3,020,000 $366,000 (Local, Fund 112)$366,000 $645,000 (Local, Fund 421)$645,000 $106,000 (Local, Fund 422)$106,000 $774,000 (Local, Fund 423)$774,000 SR-99 Gateway / Revitalization Install gateway elements and safety improvements Engineering $0 (Federal) along the SR-99 Corridor.Possible Grant & $10,000,000 (State, unsecured)$500,000 $4,500,000 $5,000,000 Construction $0 (Local) SR-524 (196th St. SW) / 88th Ave. W Installation of guardrail on the west side of intersection,$0 (Federal) Guardrail improving intersection safety due to ~ 12' vertical drop on Local Funds Only Engineering $0 (State) west side of intersection $30,000 (Local)$30,000 SR 524 (196th St. SW) @ Design intersection improvement Design $0 (Federal) 88th Ave W. Intersection Possible Grant $50,000 (State, unsecured)$50,000 Improvements $50,000 (Local, traffic impact fees)$50,000 ROW acquisition ROW $0 (Federal) &$81,500 (State, unsecured)$81,500 $81,500 (Local)$81,500 Construct intersection improvements Construction $740,000 (Federal, unsecured)$740,000 Local Funds $0 (State) $112,000 (Local)$112,000 Main St. @ 3rd Signal Upgrades Possible grant Engineering $287,500 (Federal, unsecured)$37,500 $250,000 Upgrade traffic signal & &$0 (State) Local Funds Construction $87,500 (Local)$37,500 $50,000 Puget Dr. @ OVD Signal Upgrades Possible grant Engineering $287,500 (Federal, unsecured)$37,500 $250,000 Upgrade traffic signal &&$0 (State) Local Funds Construction $87,500 (Local)$37,500 $50,000 Main St. @ 9th Av. S Restriping of 9th Av. S to (2) northbound Engineering $0 (Federal) (Interim Solution)and southbound lanes (existing conditions: 1 lane), along with Local Funds Only & $0 (State) striping modifications for eastbound and westbound lanes.Construction $10,000 (Local, Traffic Impact Fees)$10,000 76th Av. W @ 220th St. SW Convert split phasing for eastbound and westbound movement Possible Grant Engineering,$4,293,500 (Federal, unsecured)$432,500 $723,000 $3,138,000 Intersection Improvements to protective / permissive left turn phasing. Right turn overlap & ROW, &$0 (State) would be added for the right turn movements. Local Funds Construction $670,500 (Local)$67,500 $113,000 $490,000 Arterial Street Signal Coordination Coordinate the traffic signals within 1/2 mile of each other Engineering $0 (Federal) Improvements along 76th Av. W, 212th St. SW, and 220th St. SW to Local Funds Only & $0 (State) improve corridor efficiencies. Construction $50,000 (Local)$50,000 Hwy. 99 @ 212th St. SW Widen 212th St. SW to add a WB and EB left turn lane. Possible Grants Engineering,$4,363,000 (Federal, unsecured)$418,000 $637,000 $3,308,000 Intersection Improvements Provide protected / permissive left turn phasing for both & ROW, &$0 (State) movements (shared jurisdiction with City of Lynnwood)Local Funds Construction $683,000 (Local w/ City of Lynnwood)$66,000 $100,000 $517,000 Hwy. 99 @ 216th St. SW Widen 216th St. SW to add a WB and EB left turn lane. Possible Grant s Engineering,$4,363,000 (Federal, unsecured)$418,000 $637,000 $3,308,000 Intersection Improvements Provide protected / permissive left turn phasing for both & ROW, &$0 (State, unsecured) movements.Local Funds Construction $683,000 (Local)$66,000 $100,000 $517,000 Hwy. 99 @ 220th St. SW Widen 220th St .SW to add westbound right turn lane and Possible Grants Engineering,$4,363,000 (Federal, unsecured)$418,000 $637,000 $3,308,000 Intersection Improvements Hwy. 99 to add 2nd southbound left turn lane. & ROW, &$0 (State) Local Funds Construction $683,000 (Local, w/ City of Mountlake Terrace)$66,000 $100,000 $517,000 Citywide protected / permissive traffic Conversion from protected left-turn phasing Engineering $0 (Federal) signal conversion to protective-permissive phasing at certain signalized Local Funds Only & $0 (State) intersections to reduce intersection delay Construction $20,000 (Local)$20,000 Re-striping of 76th Ave. W Re-stripe stretch to (1) through lane in each direction, Engineering $0 (Federal) from 220th St. SW to OVD (1) two-way left turn lane and bike lanes in each direction.Secured grant & $790,000 (Local, Verdant)$140,000 $650,000 Construction $0 (Local) Type 2 Raised Pavement Install Type 2 Raised Pavement Markers Engineering $98,000 (Federal, unsecured)$98,000 Markers along the centerline of arterials and collectors, improving Possible Grant & $0 (State) roadway safety during night hours and on rainy days Construction $0 (Local) Trackside Warning Systerm at Dayton St. Install the Trackside Warning system at (2) railroad Engineering $0 (Federal) and Main St. railroad crossings crossings, to reduce the noise level (within Downtown Edmonds)Local Funds Only & $0 (State) during train crossings.Construction $350,000 (Local, General Funds)$350,000 TOTAL $4,228,000 $8,528,000 $0 $2,775,000 $8,085,000 $21,255,000 Packet Page 163 of 199 Grant Opportunity Project (2015-2020) Project Name Purpose Grant/Date Phase Total Cost Source 2015 2016 2017 2018 2019 2020 Pedestrian Projects: Sunset Av. from Bell St. to Caspers St.Provide sidewalk on the west side of Sunset Av., Possible Grant Engineering $837,000 (Federal, secured)$150,000 $687,000 w/ various utility upgrades. $0 (State) &&$650,000 (Local, Fund 421)$75,000 $575,000 $200,000 (Local, Fund 423)$50,000 $150,000 Local Funds Construction $710,000 (Local)$23,000 $687,000 238th St. SW from 100th Ave. W to Provide sidewalk on the north side of 238th St. SW Engineering $0 (Federal) 104th Ave. W from 100th Ave. W to 104th Ave. W, along with Stormwater Secured Grant &$514,000 (State, secured)$514,000 improvements. Construction $750,000 (Local, Fund 422)$750,000 15th St. SW from Edmonds Way to Provide sidewalk on the south side of 15th St. SW to $0 (Federal) 8th Ave. W improve non-motorized transportation safety Secured grant Construction $10,000 (State, secured)$10,000 for kids attending Sherwood Elementary School.$0 (Local) 236th St. SW Walkway from Madrona Provide sidewalk on one side of 236th St. SW from Edmonds Engineering $444,000 (Federal,secured)$444,000 Elementary to Edmonds Way (SR-104)Way to Madrona School, along with Secured grant & $0 (State) Stormwater improvements.Construction $0 (Local) Hwy. 99 Enhancement project Installation of luminaires along SR-99 from 220th St .SW to $584,000 (Federal, secured)$292,000 $292,000 (Phase 3)212th St. SW,improving pedestrian / vehicular safety, Secured grant Construction $0 (State) (construct. combined w/ 228th St. SW Corridor Impr. Project)$30,000 (Local)$15,000 $15,000 ADA Curb Ramp upgrades Upgrade curb ramps along 3rd Ave. S Secured Grant $10,000 (Federal, secured)$10,000 along 3rd Ave. S & Construction $0 (State) between Pine St. and Main St. Local Funds $0 (Local) 80th Av. W from 188th St. SW to Install sidewalk to provide safe and desirable route to Possible Grant Engineering $0 (Federal) Olympic View Dr. Walkway and Seaview Elementary and parks. Improve sight distance issue & &$760,000 (State, unsecured)$62,500 $62,500 $635,000 Sight Distance Improvements near 184th St. SW intersection. Local Funds Construction $760,000 (Local)$62,500 $62,500 $635,000 2nd Av. S from James St. to Main St.Engineering $0 (Federal) Provide sidewalk along short missing link. Local Funds Only &$0 (State) Construction $65,000 (Local)$65,000 ADA Curb Ramps Improvements Construct Citywide ADA compliant curb ramps where Possible Grant Engineering $0 (Federal) Citywide (Transition Plan)facilities don't exist nor meet current standards &&$375,000 (State, unsecured)$125,000 $125,000 $125,000 Local Funds Construction $75,000 (Local)$25,000 $25,000 $25,000 Maplewood from Main St. to Install sidewalk, connecting to existing sidewalk Possible Grant Engineering $1,957,000 (Federal, unsecured)$1,957,000 200th St. SW Walkway on 200th St. SW from Main St. to 200th St. SW, creating & &$189,000 (State, unsecured)$14,000 $175,000 sidewalk connection to Maplewood Elementary on 200th St. SW Local Funds Construction $80,000 (Local)$6,000 $74,000 Meadowdale Beach Rd Walkway Install sidewalk along missing link between Possible Grant $280,000 (Federal, unsecured)$280,000 & Engineering $0 (State) 76th Av. W and Olympic View Dr. Local Funds $45,000 (Local)$45,000 Wanut St. from 3rd Av. to 4th Av. Engineering $0 (Federal) Walkway Install sidewalk along short missing link Possible Grant & $190,000 (State, unsecured)$190,000 Construction $0 (Local) Walnut St. from 6th Av. to 7th Av.Possible Grant Engineering $0 (Federal) Walkway Install sidewalk along short missing link & &$142,500 (State,unsecured)$190,000 Local Funds Construction $142,500 (Local)$190,000 216th St. SW from Hwy. 99 Possible Grant Engineering $185,000 (Federal, unsecured)$185,000 to 72nd Ave. W Install 300' sidewalk on the north side of 216th St. SW & &$0 (State) Local Funds Construction $30,000 (Local)$30,000 4th Av. Corridor Enhancement Possible Grant Engineering $5,000,000 (Federal, unsecured)$100,000 $1,000,000 $1,000,000 $2,900,000 Walkway Create more attractive and safer corridor along 4th Av.& &$0 (State) Local Funds Construction $675,000 (Local, Fund 125)$100,000 $150,000 $425,000 Audible Pedestrian Install audible pedestrian signals to Engineering $25,000 (Federal, unsecured)$25,000 Signals pedestrians heads at signalized intersections to improve Possible Grant & $0 (State) pedestrians with disabilities safety Construction $0 (Local) TOTAL $2,553,000 $1,706,000 $1,425,000 $7,726,000 $275,000 $2,125,000 Bicycle projects Citywide Bicycle connections (such as Install bike lanes, sharrows, and signs along 76th Ave., Main St., Engineering $0 (Federal) Interurban Trail to Downtown Edmonds...),Bowdoin Way, 84th Ave. W, 212th St. SW, 220th St. SW,Secured grant & $240,000 (Local, Verdant grant)$120,000 $120,000 with signage & striping improvements and 224th St. SW to create safer connections Construction $0 (Local) TOTAL $120,000 $120,000 $0 $0 $0 $0 Traffic Calming Projects: Residential Neighborhood Traffic circles, speed cushions,Design $0 (Federal) Traffic Calming "Your Speed" signs, etc.Local Funds only &$0 (State) Construction $60,000 (Local) $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 Packet Page 164 of 199 Grant Opportunity Project (2015-2020) Project Name Purpose Grant/Date Phase Total Cost Source 2015 2016 2017 2018 2019 2020 Traffic Planning Projects: SR-104 Transportation Corridor Study Develop a master plan and access management improvements $0 (Federal) (meeting future travel demand for a 20-year planning horizon), Local Funds Only Engineering $0 (State) and streetscape design implementing Complete Streets.$75,000 (Local)$75,000 2015 Transportation Plan Update Engineering $0 (Federal) Update Transportation Plan Local Funds Only &$0 (State) Planning $90,000 (Local)$90,000 Total $77,990,000 $9,716,000 $12,014,000 $3,935,000 $14,386,000 $11,595,000 $26,390,000 Total Federal $4,392,500 $6,145,000 $1,800,000 $7,716,000 $4,146,500 $14,052,000 Total Federal (Secured)$3,512,500 $2,125,000 $0 $687,000 $0 $0 Total Federal (Unsecured)$880,000 $4,020,000 $1,800,000 $7,029,000 $4,146,500 $14,052,000 Total State $1,538,000 $897,000 $0 $1,677,500 $4,769,000 $5,950,000 Total State (Secured)$1,524,000 $722,000 $0 $0 $0 $0 Total State (Unsecured)$14,000 $175,000 $0 $1,677,500 $4,769,000 $5,950,000 Total Local Fund $3,785,500 $4,972,000 $2,135,000 $4,807,500 $2,679,500 $6,108,000 Total Local (Fund 112)$2,176,000 $2,517,000 $1,710,000 $4,032,500 $2,679,500 $6,108,000 Total Local (Fund 125) $100,000 $150,000 $425,000 $0 $0 $0 Toal Local (Fund 421)$79,000 $645,000 $0 $575,000 $0 $0 Total Local (Fund 422)$750,000 $106,000 $0 $0 $0 $0 Total Local (Fund 423)$52,000 $774,000 $0 $150,000 $0 $0 Total Local (Traffic Impact Fees)$18,500 $10,000 $0 $50,000 $0 $0 Total Local (General Fund)$350,000 $0 $0 $0 $0 $0 Total Local (Verdant Grant)$260,000 $770,000 $0 $0 $0 $0 Packet Page 165 of 199 RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, APPROVING THE 2015-2020 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) AND DIRECTING FILING OF THE ADOPTED PROGRAM WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION. WHEREAS, RCW 35.77.010 requires each city and town to adopt a Transportation Improvement Program (TIP) and file a copy of such adopted program with the Washington State Department of Transportation (WSDOT); and WHEREAS, the TIP identifies all planned projects over the next 6 years, along with the appropriate funding source; now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Transportation Improvement Program is hereby adopted pursuant to the requirements of RCW 35.77.010 to be effective on June 18, 2014 and to continue in full force and effect until amended. A copy of such Transportation Improvement Program for the years 2015 to 2020 is attached hereto as Exhibit A and incorporated by this reference as fully as if herein set forth. Section 2. The City Clerk is hereby requested and directed to file a certified copy of the Transportation Improvement Program with the Washington State Department of Transportation. Packet Page 166 of 199 RESOLVED this ___ day of ________________, 2014. APPROVED: MAYOR, DAVE O. EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 167 of 199    AM-6904     9. B.              City Council Committee Meetings Meeting Date:06/10/2014 Time:5 Minutes   Submitted For:Mike DeLilla Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization to award a construction contract for the 2014 Waterline Replacement Project. Recommendation Place item on the City Council agenda for approval once the construction bids have been opened and a low bidder is determined. Previous Council Action None. Narrative This project is part of the City’s program to replace and upgrade existing waterlines at various locations around the City that are reaching the end of their useful service life, are undersized and unable to meet current requirements, or has some other existing system deficiency.  The project will replace at various locations around the City approximately 6,400 linear feet of waterline piping with associated meters, fire hydrants, and two pressure reducing stations.   The project costs are being funded by the 421 Utility Fund and the General Funds available for fire protection costs.   On May 23 and May 30, 2014 the project was advertised for construction bids.  Construction bids are due by 2:00 p.m. June 10, 2014, which may provide an opportunity to award the project at the June 17th Council meeting.  The bid results, project budget and recommendation to award will be provided at the June 17th meeting.  Construction is expected to begin in July and be completed by January 2015.   Attachments Project Map Form Review Inbox Reviewed By Date Engineering Robert English 06/04/2014 03:37 PM Public Works Phil Williams 06/05/2014 01:17 PM City Clerk Scott Passey 06/05/2014 01:59 PM Mayor Dave Earling 06/05/2014 02:54 PM Finalize for Agenda Scott Passey 06/05/2014 03:42 PM Form Started By: Megan Luttrell Started On: 06/03/2014 01:23 PM Final Approval Date: 06/05/2014  Packet Page 168 of 199 2014 Waterline Replacement Program #4-PRV @ Meadowdale Beach #5-PRV @ Meadowdale #1-81st Ave #2-194th Pl #3-Fir St, B Ave, Pine St, C Ave 7 6 t h A v e W Main St 196th St SW O l y m pic View D r Pine St 6 6 t h A v e W 8 4 t h A v e W 220th St SW 8 8 t h A v e W 208th St SW 7 4 t h A v e W 6 8 t h A v e W 9 t h A v e N Bowdoin Wy 212th St SW Dayton St 1 0 0 t n A v e W T a l b o t R d N 205th St/244th St SW 3 r d A v e S O l y m p i c A v e 5 t h A v e S 200th St SW 168th St SW 8 0 t h A v e W 224th St SW T i m b e r L n 9 5 t h P l W 7 5 t h P L W 9 6 t h A v e W 7 2 n d A v e W M e a d o w dale Rd M a p l e w o o d D r S u n s e t A v e N 2 3 1 s t St SW 240th St SW 7 4 t h A v e W N 205th St/244th St SW 8 0 t h A v e W I-5 99 104 524 City of Edmonds Mapbook Packet Page 169 of 199    AM-6905     9. C.              City Council Committee Meetings Meeting Date:06/10/2014 Time:5 Minutes   Submitted For:Mike DeLilla Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to sign a Professional Services Agreement with Stantec Consulting to provide design services for the 2015 Waterline Replacement project. Recommendation Forward the item to the consent agenda for approval at June 17, 2014 City Council meeting. Previous Council Action None. Narrative The City issued a Request for Qualifications (RFQ) in March, 2014 to hire a consultant to support City staff with design of the 2015 Waterline Replacements. The City received statements of qualifications from five engineering firms and the selection committee chose Stantec Consulting (Stantec) to provide design services based on their qualifications, experience and approach. Some of the projects identified by City staff for construction in 2015 will require the acquisition of easements. Easement acquisition carries with it a heightened potential for extended timelines since the process may involve lengthy negotiations with property owners. City staff would like to bid out a full slate of projects in 2015 to get better construction prices due to economy of scale. For this reason, the consultant will design waterlines at four alternate sites. In the event that easement delays prevent the timely construction of one or both of the sites that require easements, the City can still bid out one or more of the alternate sites so that we’re still issuing a large construction contract that will attract better prices from more competitive bidders. The City has negotiated a consultant fee of $384,399 to complete the design services. The key tasks within the scope of work include survey, design and preparation of construction specifications. This contract will be funded by the 421 Water Utility Fund. Attachments Stantec Agreement Project Map Form Review Inbox Reviewed By Date Engineering Robert English 06/05/2014 04:58 PM Public Works Phil Williams 06/05/2014 05:04 PM City Clerk Scott Passey 06/05/2014 05:05 PM Mayor Dave Earling 06/05/2014 05:14 PM Finalize for Agenda Scott Passey 06/06/2014 08:02 AM Form Started By: Megan Luttrell Started On: 06/03/2014 03:52 PM Final Approval Date: 06/06/2014  Packet Page 170 of 199 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into between the City of Edmonds, hereinafter referred to as the "City", and Stantec Consulting Services Inc. (Stantec) hereinafter referred to as the "Consultant"; WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide topographic survey and design services with respect to the 2015 Waterline Replacement Project; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Services that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the fee schedule found in Exhibit B, provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of $384,399. B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City Engineer three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three years after final payment. Copies shall be made available upon request. Packet Page 171 of 199 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this contract shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this contract. The summary of work done shall be prepared at no additional cost. D. The City agrees, to the fullest extent permitted by law, to indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorney’s fees and defense costs) arising or allegedly arising out of any reuse or modification of the work product by the City or any person or entity that obtains the work product from or through the City. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, and employees harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the negligent acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages to the extent caused by the negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, and employees, the Consultant’s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant’s negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant’s own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Packet Page 172 of 199 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker’s compensation and employer’s liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. D. Professional liability insurance in the amount of one million dollars ($1,000,000). Excepting the Worker’s Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant’s professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant’s professional liability to third parties be limited in any way. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this contract. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this contract must meet the approval of the City. During pendency of this agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or Packet Page 173 of 199 for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City’s prior written consent. 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, the Scope of Services attached hereto as Exhibit A, and the Fee Schedule attached hereto as Exibit B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibits A or B, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Services, the City understands that a revision to the Scope of Services and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render or the City to pay for services rendered in excess of the Scope of Services in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use reasonable efforts to perform the work in a professional manner consistent with customarily accepted engineering practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Services. 14. Non-waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non-assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Packet Page 174 of 199 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Stantec Consulting Services Inc. 11130 NE 33rd Place, Suite 200 Bellevue, WA 98004-1465 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS _______ DAY OF __________________, 20_____. CITY OF EDMONDS STANTEC CONSULTING SERVICES INC. By By David O. Earling, Mayor Its ATTEST/AUTHENTICATED: ________________________________ Scott Passey, City Clerk APPROVED AS TO FORM: ________________________________ Office of the City Attorney Packet Page 175 of 199 STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Page 176 of 199 EXHIBIT A SCOPE OF SERVICES City of Edmonds 2015 Waterline Replacement Project Consulting Services Stantec Consulting Services Inc. PROJECT DESCRIPTION Stantec Consulting Services Inc. (Stantec) will provide professional engineering design services, topographic survey, and technical support services, for replacing existing pressure reducing valve assemblies (PRVs) and small diameter water mains with up to 8-inch diameter PRV assemblies and up to 12-inch diameter ductile iron (DI) water mains, in order to replace aging infrastructure. Design includes PRVs, fire hydrants, valves, mains and services, commercial and residential meters, other appurtenances and surface restoration, excluding asphalt overlay. Stantec will provide construction drawings, specifications, opinion of probable construction costs, permit exhibits, easement documents, review of contractor material submittals, and will draft record drawings upon conclusion of construction. SCHEDULE The City requires the project to be bid in January or February 2015. SCOPE OF SERVICES This Scope of Services generally consists of 1) Project Management, 2) Topographic Survey 3) Engineering Design and Bid Support Services, 4) Permitting Support, 5) Easement Preparation, 6) City Water Construction Standard Specifications Development, 7) Critical Area Report, 8) Construction Technical Support and Record Drawings, and 9) Supplemental Services. The full scope of services, as applicable, will be provided for the following sites: Water Main Replacement 1. Puget Drive (SR 524), between 9th Ave N and Olympic Ave, approx. 1,400 LF 2. Sierra Place, (includes private property), approx. 850 LF 3. Cedar Street, 8th Ave S, View Place, approx. 1,940 LF 4. Aloha St, Daley Street, 8th Ave N (includes private property), approx. 3,530 LF 5. Railroad Ave, south of Main St (SR 524), approx. 650 LF 6. Main Street, Durbin Drive, 7th Ave N, approx. 1,400 LF 7. Edmonds Street, between 10th Pl N & Olympic Ave, approx. 780 LF Water Main Extension & PRV Replacement 8. Meadowdale Beach Road and 172nd Street SW, approx. 460 LF PRV Replacement 9. PRV at N Meadowdale Road and 68th Ave W Packet Page 177 of 199 City of Edmonds Exhibit A 2015 Waterline Replacement Project Scope of Services Consulting Services Page 2 of 11 Emergency Intertie with City of Lynnwood 10. 162nd St SW & 68th Ave W PRV & Meter Water Main Replacement & 8” Commercial Meter Replacement 11. 76th Ave W and Swedish Hospital (includes private property), approx. 920 LF The PRV replacement at N Meadowdale Road and 68th Ave W (Site 9) may require an alternative approach in which the current PRV is replaced by a new emergency intertie with the City of Lynnwood. The new emergency intertie would include a PRV & meter connection to the City of Lynnwood water main at 68th Ave W & 162nd Street SW. Design of such an intertie, if authorized by the City, would be paid for under Supplemental Services. 1) PROJECT MANAGEMENT Services:  Manage all tasks, staff and sub consultants for design and construction phase services and provide general project administration.  Develop project plan for the design and construction phase services.  Develop project schedule, in Microsoft Project format, for the design phase services and monitor progress against schedule requirements.  Monitor progress against projected scope and budget, and administer monthly invoicing to the City.  Communicate with City staff regarding the project progress, and issues of concern, project requirements, and periodic reviews. Assumptions:  Written status reports not required.  Stantec will employ the services of Applied Professional Services, Inc. (APS) for locating gas and conductive utilities (power, cable, etc). Deliverables:  Project Schedule  Monthly invoices  Correspondence as required. 2) TOPOGRAPHIC SURVEY Services:  Perform field topographic survey, in 9 locations, and a church easement area, for approximately 7,000 LF of water main replacement and PRV/meter installations, to locate and show existing surface conditions and approximate locations of buried utilities within project limits, using electronic surveying equipment and one or two-person crew. o Limits to include back of sidewalk, curb or edge of pavement on each side Packet Page 178 of 199 City of Edmonds Exhibit A 2015 Waterline Replacement Project Scope of Services Consulting Services Page 3 of 11 of the street plus water meters, hydrants, and other water appurtenance locations located within public right-of-way or easement. o Field survey to include available paint mark locates and surface indications of buried utilities and underground features. Field survey does not include potholing underground utilities.  Request and obtain available franchise utility companies’ record drawings information including underground power, gas, telephone, fiber optic, and other known utilities, and incorporate into the base drawings, as available.  Provide underground utility locates (through services of a subcontractor to the Consultant) for City and franchise utilities to field mark approximate horizontal locations of existing buried utilities, excluding water main and services, side sewers, under drains and private drains. Services will include the following: o Preliminary research and review of available City and utility companies’ record drawings to confirm approximate locations. o Provide utility paint marks of existing known utilities prior to field survey. o Provide traffic control/safety compliance per City’s requirements.  Reduce field data and prepare survey base drawings for design. Base drawings will typically be established using 1 inch = 20 feet drawing scale and will include two-foot contour intervals.  Horizontal and vertical control will be compatible with NAD 83 Horizontal datum and NAVD 88 Vertical Datum. GPS surveying methodology will be employed where practical and feasible.  Property and rights-of-way boundaries will be as shown on available City or County GIS. Property addresses and/or parcel numbers will be shown for each parcel adjacent to the work. Assumptions:  Utility locates performed for design purposes are not exact locations and may be incomplete. Construction contractor should rely on utility locates performed by representatives of the utility purveyor, made in response to Utility Notification Center (one-call) process and on potholing at time of construction. The utility locates performed by the City, Stantec, and Stantec’s utility locates subcontractor (APS) will be suitable for design purposes and will not be confirmed by potholing during design. If required, selective utility potholing would be performed under Supplemental Services.  Construction contractor will pothole all utility crossings at least 200 feet in advance of the work and assumed depths of new water system improvements shown on the profile drawings may have to be adjusted in the field to provide sufficient vertical clearance.  City-provided survey base drawings, AutoCAD, are accurate, complete, and suitable for use in designing site 3 (Cedar Street, 8th Ave S, View Place) and site 4 (Aloha St, Daley Street, 8th Ave N). Design drawings incorporating City-provided base drawings will differ in appearance from design drawings incorporating Stantec-developed base drawings. Packet Page 179 of 199 City of Edmonds Exhibit A 2015 Waterline Replacement Project Scope of Services Consulting Services Page 4 of 11 City Responsibilities:  City will locate and field-mark water mains and water services locations prior to topographic survey.  City will provide copies of available construction record drawings for previous utilities installations within project limits.  City will provide completed electronic survey drawing base files (AutoCAD) for sites 3 & 4, with appropriate .ctb files for plotting the AutoCAD survey base drawings for sites 3 & 4. Deliverables:  Electronic copies of each survey base map, bound as an x-ref with associated design drawing in AutoCAD Civil 3D 2012 format, at final design delivery. 3) ENGINEERING DESIGN AND BID SUPPORT SERVICES Services A. 10% Design Documents  Review the City’s available water, sewer and storm utility construction record drawings and GIS base maps, incorporate pertinent utility, parcel, right-of- way line and address information into the base drawings (not applicable for sites 3 and 4).  Conduct site visits to verify locations of existing features and conditions as they relate to the design.  Prepare preliminary plan-view only design drawings showing base drawing information (existing topographic survey, utility, and parcel/right-of-way line information), and proposed alignment of new water mains.  Communicate with City staff to discuss City’s 10% review comments. B. 60% Design Documents  Obtain and incorporate the City’s current Standard Details and Specifications into the design drawings and contract documents. The 2014 version of the WSDOT Standard Specifications will be used as the basis for the Division 1 General Requirements specifications.  Additional site visits, as required, to verify locations of existing features and conditions as they relate to the design.  Prepare plan and profile view design drawings showing base drawing information (existing topographic survey, utility, and parcel/right-of-way line information), proposed alignment of water mains, proposed locations of gate valves, hydrants and services, existing water mains to be abandoned or removed, and limits of pavement restoration requirements, where required. Profile view drawings will show an assumed depth (cover over utility) of 3 feet for gas and conductible utilities (power, cable, etc) and the existing water system. Potholing to determine actual depth of utilities, if authorized by the City, will be paid as Supplemental Services.  Prepare draft Contract Documents including City’s standard boilerplate advertisement for bid, bid proposal, contract, special provisions, and Packet Page 180 of 199 City of Edmonds Exhibit A 2015 Waterline Replacement Project Scope of Services Consulting Services Page 5 of 11 Division 1 General Requirements sections; and new technical specifications developed per the City water construction standard specifications development services item.  Prepare Opinion of Probable Construction Cost (OPCC) showing bid items, quantities, unit costs, and total probable costs for construction of proposed improvements, totaled by all locations into one spreadsheet.  Conduct in-house quality assurance (QA) review.  Meet with City staff to discuss City’s 60% review comments. C. 90% Design  Incorporate City’s 60% design review comments into drawings, Contract Documents and OPCC. Expand OPCC to show actual counts of each type of water main fitting.  Provide final detail on drawings; such as, call-outs for connections to existing system, fittings, valves, hydrants, services, and water meters; complete project-specific details and notes, including ones pertaining to trench patch pavement restoration; and standard construction and TESC notes.  Conduct in-house quality assurance (QA) review.  Submit four sets of 90% Contract Documents and OPCC to City for review.  Communicate with City staff to discuss City’s review comments D. Final Contract Documents  Finalize drawings and Contract Documents for bidding by incorporating City’s 90 Percent Design review comments.  Conduct in-house quality assurance (QA) review. E. Bidding Services  Assist City in answering bidder questions and preparing bid addenda as needed for distribution to prospective bidders, if necessary. Assumptions:  Intertie with AWWD will not require electrical power. Drainage for vaults can be day-lighted or gravity drained to storm drainage system or the vaults will be allowed to flood. Intertie will utilize manual read meters – no SCADA systems. Fee for design of power supply for sump pumps or SCADA, if required, will be separately negotiated and paid for under Management Reserve funds.  Asphalt overlay for street restoration will not be included in scope of design or construction work.  Existing water system, gas, and conductible utilities (power, and cable) were installed with three feet of cover and side sewers were installed at depth of sewer main with 2% slope up to ROW boundary.  In order to not hinder design process, 10% design submittal pdfs will be e- mailed separately for each site (not as one 10% submittal), as soon as individually ready, and City will perform separate reviews for each site as pdfs are received.  A maximum of 2 bid addenda may be necessary. Packet Page 181 of 199 City of Edmonds Exhibit A 2015 Waterline Replacement Project Scope of Services Consulting Services Page 6 of 11 City Responsibilities:  City provide meeting room for City-Consultant meetings  City will field-mark water mains and water services locations prior to topographic survey.  City will perform all coordination/coordination with AWWD and DOH, as required, for new intertie installations.  City will provide Stantec with electronic (Microsoft Word) standard boilerplate Contract Documents, General Information and Special Provisions to the Standard Specifications.  City to limit turnaround time, for review comments, to one (1) week for 10% submittals, three (3) weeks for 60% submittal, two (2) weeks for 90% submittal and one (1) week for final review submittal.  City will coordinate with Fire Marshal, as required, for approval of fire hydrant locations.  City will administer distribution of bid/contract document sets to prospective bidders, distribute addenda as necessary, receive bids, prepare bid tabulation, review apparent low bidder references, and prepare recommendation for contract award.  City will develop bid abstracts and will provide copy to Stantec. Deliverables: A. 10% Design:  Submit .pdf drawing file, by e-mail, for each site, to City for review. B. 60% Design:  Submit .pdf drawing file, by e-mail, for each site, to City for review and pdf file of draft OPCC to City for review. C. 90% Design:  Submit .pdf drawing file, by e-mail, for each site, to City for review and pdf file of draft OPCC to City for review. D. Final Delivery:  Submit electronic copy of final Plan Drawings, Contract Documents and OPCC. o Plan drawings will be provided in pdf format and in AutoCAD Civil 3D 2012. o Contract Documents will be in pdf format and in Word format. o OPCC will be in pdf format and in Microsoft Excel format. 4) PERMITTING SUPPORT Services:  Develop exhibits, as required for JARPA submittal by City Assumptions:  A maximum one hydraulic project approval (HPA permit) may be required for Packet Page 182 of 199 City of Edmonds Exhibit A 2015 Waterline Replacement Project Scope of Services Consulting Services Page 7 of 11 the project.  A maximum of one Joint Aquatic Resources Permit Application (JARPA) may be required for the project.  No wetlands or wetland buffers within project footprint.  No clearing and grading permits will be required.  No geological or geotechnical investigation will be required, except as required for preparation of the Critical Area Report described in Services #7.  No City or WSDOT ROW construction permits will be required.  No Shoreline Substantial Development, Conditional Use, or Variance permits will be required.  Construction contractor will develop required traffic control plans and submit to City and WSDOT as required. City Responsibilities:  City will contact Department of Ecology and Fisheries and determine probable permitting and regulatory requirements for crossing culvert on Daley Street.  City will develop JARPA for City submittal, as required.  City will coordinate with WSDOT, for work within State Route 524, and will obtain any franchise permits or other approvals, from WSDOT.  City will develop and administer SEPA. Deliverables:  Electronic copy of completed JARPA exhibits, as necessary. 5) EASEMENT PREPARATION Services:  Prepare up to four (4) permanent water easements documents consisting of easement conditions, legal descriptions and exhibits. One revision is included for each easement.  Order title reports, as required. Assumptions:  A maximum of one revision, to each draft easement document, will be necessary before signature or recording. City Responsibilities:  Provide copies of all applicable water easements documents held by City.  Provide sample of water easement conditions acceptable to City.  City will negotiate with property owners and obtain permanent and temporary easements.  City will compensate property owners, as required, for easements.  Submit executed easement documents to County Recorder for recording and City will pay all recording fees for easements.  City will pay for, or reimburse Stantec for purchasing, title reports. Packet Page 183 of 199 City of Edmonds Exhibit A 2015 Waterline Replacement Project Scope of Services Consulting Services Page 8 of 11 Deliverables:  3 copies of electronic easement documents, in pdf format, suitable for recording. 6) CITY WATER CONSTRUCTION STANDARD SPECIFICATIONS DEVELOPMENT Services:  Develop standard technical specifications, in Microsoft Word format, for construction of water conveyance system capital improvements projects in City of Edmonds.  Specifications will be based on City of Bellevue technical specifications format (Divisions 2 – 10) and will be modified to incorporate City of Edmonds standards.  Develop two draft versions and a final version of the standard technical specifications.  Meet with City after first review to discuss comments.  Incorporate City review comments into draft versions and final version. Assumptions:  Only two draft versions will be necessary before submittal of the final version. City Responsibilities:  Review and redline draft versions. Deliverables: A. Draft Versions  Submit two hardcopies in 3-ring binders. B. Final Version  Submit two hardcopies in 3-ring binders  E-mail electronic file(s) in Microsoft Word format. 7) CRITICAL AREA REPORT Services:  Develop a single critical area report for landslide hazard area and erosion hazard areas.  Perform soil borings, as required, at the landslide hazard area slope. Assumptions:  A maximum of one site may contain an area classified by the City as a landslide hazard area and a maximum of two sites may contain areas classified as erosion hazard areas.  City will allow submission of a single project critical area report for all the landslide hazard area and erosion hazard areas within the project.  Soil borings not required for erosion hazard areas. Packet Page 184 of 199 City of Edmonds Exhibit A 2015 Waterline Replacement Project Scope of Services Consulting Services Page 9 of 11 Deliverables:  3 copies of critical area report. 8) CONSTRUCTION PHASE SUPPORT AND RECORD DRAWINGS Services:  Review contractor material submittals for conformance with project specifications and City standards.  Prepare Construction Record Drawings (CRDs) for 2015 Waterline Replacement using marked up drawings from City Inspection personnel.  Submit draft set of CRDs to City for review.  Finalize and submit CRDs per City’s review comments. Assumptions:  Contractor’s initial material submittals will be provided as a single combined submittal, but no more than 3 separate initial submittals, rather than as multiple submittals made over time. o Only one resubmittal will be made for each initial submittal.  Redline markups will be clear and legible and will show as-built locations of water system improvements based on dimensions to fixed surveyed features. City Responsibilities  Provide marked-up drawings of actual construction configuration, by City inspector or contractor, referenced to surveyed features shown on the drawings.  Review and redline draft CRD’s. Deliverables:  Pdf file copy of draft CRD’s for City review;  One final set of CRD’s on full-size bond paper (22”x34”) and electronic .pdf and AutoCAD Civil 3D 2012 format files. 9) SUPPLEMENTAL SERVICES A. Provide additional services, as may be required to complete the project, as requested and authorized by the City. Supplemental services may include, but are not limited to:  Development of traffic control plans for purposes of obtaining development permits.  Design emergency intertie connection to the Alderwood Water and Wastewater District water system.  Design and development of waterline replacement construction drawings for the four alternative sites.  Potholing buried utilities for design purposes (up to 5 days). Stantec will not commence work on any supplemental services work until Stantec receives written authorization from the City to proceed with any Supplemental Services. Packet Page 185 of 199 City of Edmonds Exhibit A 2015 Waterline Replacement Project Scope of Services Consulting Services Page 10 of 11 SERVICES NOT INCLUDED The following services are not a part of this Agreement. If the City chooses to add one or more of the following services to this Scope of Services, then this Agreement shall be modified in terms of an addition to the total compensation to be paid to the Consultant and an appropriate extension of time (as necessary) to the Consultant’s schedule. 1. Permit investigation and applications not identified in scope (any sensitive areas related permits, SEPA related services, Shoreline Substantial Development, Conditional Use, or Variance permits). 2. Coordination with City of Edmonds’s Fire Marshal regarding review and approval of proposed improvements. 3. Hydraulic network analysis of existing and/or proposed water system to verify proposed pipe sizes. 4. Geotechnical evaluation or investigation of project sites, except as required to develop one critical area report per Services #7. 5. Wetland delineation or biological studies or reports. 6. Underground utility potholing and any associated field surveying to confirm horizontal and vertical locations of existing water mains and other existing buried utilities at various locations, except as authorized in Supplemental Services. 7. Distribute bid/contract document sets to prospective bidders, receive bids, prepare bid tabulation, review apparent low bidder references, and prepare recommendation for contract award. 8. Easements and related work not described in this scope of services. 9. Boundary surveys, setting survey monuments, and associated documentation/filings recordings. 10. Paying for title reports and permit fees 11. Participation at public hearings or before the hearing examiner. 12. Development of traffic control plans, except as authorized in Supplemental Services. 13. Coordination with WSDOT. 14. Coordination with the Alderwood Water and Wastewater District or with the Department of Health for new water system interties. 15. Electrical engineering or design of power supply, including coordination with power company, for vault sump pumps, SCADA or other electrical or control systems. 16. Development of a SWPPP for DOE Construction Stormwater General Permit. 17. Development of a DOE Construction Stormwater General Permit application. 18. Construction observation. 19. Negotiation for, or development of, interlocal agreements. COMPENSATION Compensation to Stantec, and its subconsultants or subcontractors, will be made on a time and materials (T&M) basis. Exhibit B contains a Fee Schedule, consisting of a Budget Summary for consultant services and billing rates and charges for Stantec and for its subcontractor, Applied Professional Services, Inc. (APS). Estimated labor and equipment hours and reimbursable fees are based on the scope of services and the assumptions described herein. Consultant may move budget between Packet Page 186 of 199 City of Edmonds Exhibit A 2015 Waterline Replacement Project Scope of Services Consulting Services Page 11 of 11 authorized tasks, as necessary, within the overall budget. Fees will be adjusted, as required, if project conditions differ from the assumptions. Stantec will complete professional engineering services described within this Scope of Services, based on a time and materials fee not to exceed $344,399. MANAGEMENT RESERVE FUND A project contingency, for unanticipated items or services performed outside the Scope of Services, in the amount of $40,000 is included within the City’s project budget for consultant services. This budget amount will only be used at the written direction of the City, and would increase the not-to-exceed total fees amount paid to Stantec. END OF EXHIBIT A Packet Page 187 of 199 Total Sub- Labor Labor Reimbursable Contractor Total PM & Civil Admin Task Principal Engr CAD Spec.EIT Lead Admin Geotech Surveyor Hours Cost Cost *Cost**Cost Design & Bid Phase Services 1) Project Management 34 138 0 0 0 8 0 0 0 180 25,604$ 1,000$ 26,604$ 2) Topographic Survey 0 34 34 0 6 2 0 0 305 381 41,604$ 1,900$ 9,000$ 52,504$ 3) Engineering Design & Bid Services 65 552 406 24 237 4 0 0 0 1288 156,163$ 6,500$ 162,663$ 4) Permitting Support 0 1 0 0 6 2 0 0 0 9 941$ 200$ 1,141$ 5) Easement Preparation 0 6 0 0 0 0 0 0 28 34 4,486$ 2,300$ 6,786$ 6) City Water Construction Standard Specifications Development 8 142 0 1 0 4 0 0 0 155 20,794$ 1,200$ 21,994$ 7) Critical Area Report 0 5 0 0 0 0 2 60 0 67 9,850$ 400$ 6,500$ 16,750$ Subtotals:107 878 440 25 249 20 2 60 333 2113 259,442$ 13,500$ 15,500$ 288,442$ 8) Construction Phase Support & Record Drawings 0 58 70 0 38 0 2 0 0 168 18,988$ 1,400$ 20,388$ 9) Supplemental Services City of Lynnwood Emergency Intertie (Site 9)8 41 18 2 16 1 0 0 21 107 13,137$ 350$ 500$ 13,987$ Traffic Control Plan for Development Permit 0 8 8 0 16 1 0 0 0 33 3,508$ 250$ 3,758$ Potholing Buried Utilities (5 days)***0 4 2 0 0 1 0 0 0 7 804$ 20$ 17,000$ 17,824$ Subtotals:8 53 28 2 32 2 0 0 21 146 17,449$ 620$ 17,500$ 35,569$ * includes mileage, equipment, supplies, computer usage, etc. per rate sheets ** includes 10% subconsultant/subcontractor markup *** excludes permit fees, police traffic control, night work 295,879$ 15,520$ 33,000$ 344,399$ 40,000$ 384,399$ AUTHORIZED BUDGET FOR CONSULTANT SERVICES: EXHIBIT "B" 2015 Waterline Replacement Project Consultant Services Stantec Consulting Services Inc. BUDGET SUMMARY CITY OF EDMONDS SUMMARY ESTIMATE OF CONSULTANT HOURS AND FEE Labor Hours TOTAL CONSULTANT T&M FEE ESTIMATE: MANAGEMENT RESERVE: 6/2/2014 Packet Page 188 of 199 EXHIBIT B SCHEDULE OF HOURLY RATES Stantec Consulting Services Inc. fee schedule by staff and reimbursable expense classification as of January 1, 2014. Rates are subject to modification. Staff Time Classification EIT / Sr. Designer Civil Specialist Engineer Project Manager Planner Geotechnical Engineer CAD (includes mapping and GIS) Engineering Geologist Construction Representative Senior Project Engineer Surveyor Project Surveyor (PLS) Administrative Administrative Lead Director / Principal / Sr. Engineering Consultant ReimburseableExpenses Hourly Billing Rate Range $84.00 - $123.00 $102.00 - $176.00 $106.00 - $184.00 $176.00 - $213.00 $117.00 - $136.00 $198.00 - $231.00 $81.90 - $119.00 $141.00 - $165.00 $101.00 - $119.00 $141.00 - $165.00 $97.00 - $114.00 $136.00 -$160.00 $30.00 -$94.00 $111.00 - $130.00 $190.00 - $268.00 Travel Vehicle Mileage IRS Standard Rate: (Currently$0.56) Airfare Actual cost without markup Miscellaneous Travel -Parking, Tolls, Taxi Fares, etc. Actual cost without markup Project Specific Supplies & Outside Reproduction Actual cost without markup Prints Black & White Prints (up to 11x17)$1.25 per sheet Color Prints (up to 11x17)$1.50 per sheet Large Format Prints $7.50 per sheet CD Production $2.00 per cd Computer Station $10.00 per hour Map/Drawing Scanning $5.00 per sheet Field Equipment Survey -Digital Level $5.00 per hour Total Station $10.00 per hour Robotic Total Station $15.00 per hour GPS/RTK $20.00 per hour No charges are billed for the following items: 1. Longdistancephonecalls 2. Faxservices 3. Postage Packet Page 189 of 199 2015 Waterline Replacement Program #10-Intertie w/Lynnwood #9-PRV @ Meadowdale Beach#8-PRV@ Meadowdale #1-Puget Drive-9th Ave to Olympic Ave #11-76th Ave. & Swedish #2-Sierra Pl #7-Edmonds St-10th Pl to Olympic Ave #3-Cedar St, 8th Ave & View Pl #4-Aloha St, Daley St & 8th Ave. #5-Railroad Ave. S #6-Main St, Durbin Dr & 7th Ave. 76 t h A v e W Main St 196th St SW O l y m pic View D r Pine St 66 t h A v e W 84 t h A v e W 220th St SW 88 t h A v e W 208th St SW 74th A v e W 68 t h A v e W 9t h A v e N Bowdoin Wy 212th St SW Dayton St 10 0 t n A v e W T a l b o t R d N 205th St/244th St SW 3r d A v e S Ol y m p i c A v e 200th St SW 80 t h A v e W 224th St SW Ti m b e r L n 95 t h P l W 7 5 t h P L W 7 2 n d A v e W 2 3 1 s t St SW 206th St SW 240th St SW N 205th St/244th St SW 80 t h A v e W §¨¦I-5 ¯99 ¯104 ¯524 City of Edmonds Mapbook You created this PDF from an application that is not licensed to print to novaPDF printer (http://www.novapdf.com) Packet Page 190 of 199    AM-6901     9. D.              City Council Committee Meetings Meeting Date:06/10/2014 Time:5 Minutes   Submitted For:JoAnne Zulauf Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization for Mayor to approve acceptance and recording of a Sidewalk Access Easement for 23220 Edmonds Way. Recommendation Forward the item to the consent agenda for approval at June 17, 2014 City Council meeting. Previous Council Action None. Narrative A proposed multifamily development (five duplex structures) is currently under review for the property at 23220 Edmonds Way. The project will include the reconstruction of frontage improvements within the City's right of way.  A small portion of the existing right of way is too narrow and a Sidewalk Access Easement is necessary to provide a 4 ft landscape strip and 5 ft sidewalk within the project limits. Attachments Public Sidewalk Access Easement Site Plan of Proposed Development Form Review Inbox Reviewed By Date Engineering Robert English 06/05/2014 01:31 PM Public Works Kody McConnell 06/05/2014 03:40 PM City Clerk Scott Passey 06/05/2014 03:42 PM Mayor Dave Earling 06/05/2014 03:53 PM Finalize for Agenda Scott Passey 06/06/2014 08:02 AM Form Started By: Megan Luttrell Started On: 06/03/2014 12:54 PM Final Approval Date: 06/06/2014  Packet Page 191 of 199 Return Address: City Clerk City of Edmonds 121 - 5th Ave. N. Edmonds, WA 98020 PUBLIC SIDEWALK ACCESS EASEMENT Property Address: 23220 Edmonds Way, Edmonds, WA Assessor's Property Tax Parcel No.: 005553-001-009-02 IN CONSIDERATION of benefits to accrue to the grantors herein, the undersigned, KAUTZ ROUTE, LLC, hereby grants to the CITY OF EDMONDS, a Municipal Corporation, a permanent easement for public sidewalk access adjacent to the Edmonds Way right-of-way for public pedestrian sidewalk access over, across, and through the following described property, together with the right of access to the easement at any time for the purpose of construction and maintenance. The easement hereby granted is located in the COUNTY OF SNOHOMISH, STATE OF WASHINGTON, and is more particularly described as follows: LEGAL DESCRIPTION OF SUBJECT PROPERTY LOT 9, BLOCK 1, RIDGE ACRES, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 97, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; EXCEPT THE WEST 177 FEET THEREOF; AND EXCEPT THAT PORTION, IF ANY, IN STATE HIGHWAY 1-W; AND ALSO EXCEPT THAT PORTION DEEDED TO STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 2193205. SUBJECT TO EASEMENTS, RESTRICTION AND RESERVATIONS OF RECORD. LEGAL DESCRIPTION OF SIDEWALK ACCESS EASEMENT A PORTION OF THE ABOVE DESCRIBED SUBJECT PROPERTY, DIRECTLY ADJACENT TO EDMONDS WAY AS SHOWN ON “EXHIBIT B – SIDEWALK ACCESS EASEMENT”, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SUBJECT PROPERTY; THENCE SOUTH 38º03’20” EAST A DISTANCE OF 6.66 FEET TO THE TRUE POINT OF BEGINNING OF HEREIN DESCRIBED EASEMENT; THENCE SOUTH 46º55’02” EAST A DISTANCE OF 62.98 FEET; THENCE NORTH 36º59’33” WEST A DISTANCE OF 62.98 FEET; THENCE NORTH 49º24’01” WEST A DISTANCE OF 50.52 FEET TO THE EASEMENT POINT OF BEGINNING; SITUATE IN SNOHOMISH COUNTY, WASHINGTON. THE CITY agrees to restore to substantially the original condition such improvements as are disturbed during the construction, maintenance, and repair of said utility or utilities, provided the grantors, their heirs, or assigns shall not construct any permanent structure over, upon, or within the permanent easement. DATED THIS DAY OF 20 STATE OF WASHINGTON) ) ss COUNTY OF SNOHOMISH) On this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged that Packet Page 192 of 199 signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF , 20 NOTARY PUBLIC in and for the State of Washington, residing at Packet Page 193 of 199 Packet Page 194 of 199 Packet Page 195 of 199    AM-6903     9. E.              City Council Committee Meetings Meeting Date:06/10/2014 Time:5 Minutes   Submitted For:Mike DeLilla Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Report on final project costs for 2013 Sewerline Rehabilitation Project and Council acceptance of the Project. Recommendation Forward the item to the consent agenda for approval at June 17, 2014 City Council meeting. Previous Council Action On August 20, 2013 Council authorized the Mayor to award a contract to Insituform in the amount of $135,344.74. Narrative The 2013 Sewerline Rehabilitation Project is complete.  Using the Cured in Place Pipe (CIPP) method, the project rehabilitated approximately 1,500 linear feet of sewer main at various locations within the City.  The project was funded by the 423 Sewer Fund monies that were set aside as part of the City’s Capital Improvement Program.   The Council approved contract award amount was $135,344.74.  In addition, Council approved a management reserve of $48,000.  There were three approved change orders for unforeseen conditions during the project construction.  The change orders covered the installation of sanitary sewer cleanouts at various sewer service pipe locations along with any necessary bypass pumping at these locations.  The cleanouts installed were needed so that pumps could access the sewer services via these cleanouts during the CIPP installation.  This ensured that sewer backups would not occur.  The total cost of the change orders was $15,799.06 and the final construction cost paid the contractor was $151,143.80. Attachments Project Map Form Review Inbox Reviewed By Date Engineering Megan Luttrell 06/04/2014 03:01 PM Public Works Phil Williams 06/05/2014 01:17 PM City Clerk Scott Passey 06/05/2014 01:59 PM Mayor Dave Earling 06/05/2014 02:55 PM Finalize for Agenda Scott Passey 06/05/2014 03:42 PM Form Started By: Megan Luttrell Started On: 06/03/2014 01:18 PM Final Approval Date: 06/05/2014  Packet Page 196 of 199 Packet Page 197 of 199    AM-6907     9. F.              City Council Committee Meetings Meeting Date:06/10/2014 Time:5 Minutes   Submitted For:Bertrand Hauss Submitted By:Megan Luttrell Department:Engineering Committee: Parks, Planning, Public Works Type: Action Information Subject Title Authorization to approve a Change Order for the Citywide Safety Improvements project Recommendation Forward this item to the consent agenda for approval at teh June 17, 2014 Council meeting. Previous Council Action On January 7, 2014, the contract for the Citywide Safety Improvements project was awarded to Pioneer Cable Contractors, in the amount of $201,598, with an authorized $22,400 management reserve.  Narrative In June 2012, the City secured a federal grant from the Highway Safety Improvement Program in the amount of $300,000 to fund design and construction of the Citywide Safety Improvements Project. The project replaced the traffic signal cabinets at four signalized intersections (Main Street/3 rd Ave, 212th Street/72nd Ave, 216th S/76th Ave, and 100th Ave/SR-104). Pedestrian countdown displays, indicating the amount of crossing time remaining, were also added to the intersections. The contract work was completed in April of this year. Two change orders have been approved, for a total amount of $7,902. Thus, the remaining management reserve is $14,498 (from $22,400 approved). The new traffic signal cabinet installed at Main Street and 3rd Ave has a conflict with the existing electrical service.   The side door of the cabinet can’t fully open because there isn’t enough clearance from the existing electrical service panel.   The side door provides access to the battery back-up system and access is needed periodically to maintain the back-up system.  To resolve the side door conflict, staff is proposing to relocate the traffic signal cabinet at Main St and 3 rd Ave to the signalized intersection at Puget Drive and Olympic View Drive.   A new traffic signal cabinet would be purchased to replace the cabinet that had been removed at Main St and 3 rd Ave.     Below is a summary of the estimated projects costs: Estimated Project Expenditures Design $40,086 Construction Contract $206,659 Construction Management & Engineering $35,000 WSDOT $1,500 Total Project Expenditures $283,245 The available balance from the $300,000 federal grant is approximately $16,700.  The proposed contract change order cost is $39,680 to purchase and install a new traffic signal cabinet and relocate the traffic signal cabinet at Main St and 3rd Ave.  Staff recommends a $2,000 management reserve be included with the change order to address unforeseen conditions when the work is completed.  The $24,980 shortfall in funding would be provided by the Street Operations Fund.  Staff is requesting approval of the contract change order and the supplemental funding to complete the work.  If the change order is approved, staff will submit a budget amendment with the upcoming second quarter budget amendments. If the change order is not approved, then the remaining unspent grant funds will be returned to WSDOT.   Packet Page 198 of 199 Form Review Inbox Reviewed By Date Engineering Megan Luttrell 06/05/2014 03:38 PM Public Works Kody McConnell 06/05/2014 03:40 PM City Clerk Scott Passey 06/05/2014 03:42 PM Mayor Dave Earling 06/05/2014 03:52 PM Finalize for Agenda Scott Passey 06/06/2014 08:02 AM Form Started By: Megan Luttrell Started On: 06/04/2014 03:10 PM Final Approval Date: 06/06/2014  Packet Page 199 of 199