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11 22 2016 Updated Agenda Packet AGENDA YELM CITY COUNCIL MEETING UPDATE TUESDAY, NOVEMBER 22, 2016 6:00 P.M. Website Viewing: Clicking on agenda items will open associated d resolutions, ordinances, etc. Note: some agenda items may not have attachments. Call to Order 1. Roll Call 2. Agenda Approval ACTION 3. Special Presentations- 4. Public Comment 5. the meeting recorder. Comment topics should not appear elsewhere on the agenda. Time (three minutes per speaker) and the number of speak are limited and may be adjusted to meet agenda requirements. 15 Council will go into a 15 minute Executive Session for the purpose of min discussing the proposals made in collective bargaining negotiati for the AFSCME group RCW 42.30.140(4)(a)(b). Consent AgendaACTION 6. Minutes; a. Regular Meetings November 8, 2016 Payables; b. Checks #67977 - #68046 Totaling $180,186.27 Yelm City Park Request c. Annual Christmas in the Park, December 2-3, 2016, Open to the Public Public Hearing 7. - a. Ordinance No. 1016, 2017 Preliminary Budget-Continued from November 8, 2016 New Business- 8. Ordinance No. 1016, 2017 Budget ACTION a. Presenter: Noah Crocker, Finance Director Attachments: Staff report, Ordinance No. 1016 Washington State Council of County and City Employees, Council 2, ACTION b. AFSCME Union Contract November 22, 2016-December 31, 2018 5 min Presenter: Mayor JW Foster Attachments: Staff report, Contract Appointment of City Administrator ACTION c. 15 min Presenter: Mayor JW Foster Attachments: Staff report Joint Defense Agreement ACTION d. 10 min Presenter: Mayor JW Foster Attachments: Staff report, Agreement Old Business- 9. Contract for Services Yelm Community Services ACTION a. Presenter: Grant Beck, Community Development Director Attachments: Staff report, Agreement Council and Mayor 10. Councilmember Curry represents Yelm on the following committees. Thurston County Solid Waste Finance Department Liaison Advisory Committee (SWAC) County Fire Public Safety Liaison Authority Liaison Councilmember Carmody represents Yelm on the following committees. Intercity Transit Board Community Investment Partnership CIP) Community Development Liaison Finance Department Liaison Councilmember Littlefield represents Yelm on the following committees. Councilmember Stillwell represents Yelm on the following committees. Thurston County EDC Board Finance Department Liaison Public Safety Liaison Councilmember Wood represents Yelm on the following committees. Thurston Regional Planning Public Works Liaison Transportation Committee (TRPC) TComm 911 Admin Board Councilmember DePinto represents Yelm on the following committees. Yelm Transportation Committee Thurston County Law and Justice South Thurston Economic Development Initiative group Public Safety Liaison (STEDI) Councilmember Hendrickson represents Yelm on the following committees. Thurston County EMS-Medic Yelm Emergency Operations OneBoard Public Works Liaison Mayor Foster represents Yelm on the following committees. Yelm Economic Development Yelm Finance Committee Committee Yelm Emergency Operations ForumBoard Yelm Transportation Committee Executive Session-no additional session scheduled 11. Correspondence (Correspondence is available upon request) 12. th News Release-Thurston County Annual Award for Financial Reporting Achievement Adjourn 13. Upcoming Meetings Regular City Council Meeting, Tuesday, December 13, 2016, 6:00 pm, Public Safety Building CITY OF YELM MEETING INFORMATION All regular Yelm City Council meetings are audio recorded. A $5. required. For information about obtaining a copy of the proceedings, please call 360.458.8437. Public comments are welcome. However, in order to proceed with scheduled agenda items the allowable time per speaker is limited to 3 minutes and the numbe Comments during the public comment portion of the meeting should measures or topics appearing elsewhere on the agenda and should not address topics for which public hearings have been conducted or are anticipated. If you are a person with a disability and in need of reasonable accommodations to conduct business or participate in government processes or activities, please contact Lori Mossman, at 360.458.8437 at least four (4) working days prior to the scheduled event. The equal opportunity provider and employer. The Preliminary Agenda and Approved Council Minutes are availabl www.ci.yelm.wa.us. YELM CITY COUNCIL REGULAR MEETING TUESDAY, NOVEMBER 8, 2016 MINUTES 1. Mayor Foster called the meeting to order at 6:00 pm. 2.Roll Call Present: EJ Curry, Molly Carmody, Jennifer Littlefield, Tad Stillwell, Tracey Wood and Joe DePinto. 16-127 MOTION BY TRACEY WOOD EXCUSING COUNCILMEMBER RUSS HENDRICKSON FROM THE MEETING. SECONDED BY MOLLY CARMODY. MOTION CARRIED. 3. Agenda Approval 16-128 MOTION BY TRACEY WOOD TO APPROVE THE AGENDA AS PRESENTED. SECONDED BY MOLLY CARMODY. MOTION CARRIED. 4.SpecialPresentations Student of the Month Bridget Davila Bridget is absolutely indispensable in both Advanced Drama and Stagecraft at YHS, she often leads the charge. As Drama Club President, she is a leader not only in name but also in spirit. She is an excellent example for the younger students, always jumping in with enthusiasm. Bridget can be counted on to help pull in students who are not participating (without even urging her to!) and she can be trusted to lead groups within Stagecraft. She is frequently seen going out of her way to make others laugh and keep her classes and rehearsals light hearted. PLUS she just earned the title role in the first ever YHS Drama Club she will be playing Ethel Savage.She is going to be a major asset to whatever college is lucky enough to get her next year. 5. Public Comment-no comment 6.Consent Agenda Minutes Regular Meeting October 25, 2016 & Study Session October 26, 2016 Payables Checks #67853- #67976 Totaling $1,902,838.04 16-129 MOTION BY TRACEY WOOD APPROVING THE CONSENT AGENDA AS PRESENTED. SECONDED BY JENNIFER LITTLEFIELD. MOTION CARRIED. 7. Public Hearing a.Ordinance No. 1015, Ad Valorem Tax Rate Budget Year 2017 Mayor Foster opened the public hearing at 6:06. Finance Director Noah Crocker stated property is periodically assessed by the property is then used to compute an annual tax, which is levied on the owner by his or her municipality. The legislative body must hold a public hearing and discuss any increases in property tax revenues. In order to set the property tax rates they must be identified in the adopting ordinance both by the dollar and percentage increase amounts and certified with the county by November 30, 2016. Cities with a population of less than 10,000 can increase their levy amount by one percent without a vote. Normally, taxes on new construction are exempt from the lid/limit 11-8-16 factor and may be added to the tax levy that is being requested. However, this is only if the statutory maximum levy rate times the assessed value of the city exceeds that highest lawful maximum. The city has not exceeded this for several years due to the economic recession. The City of Yelm is held by the statutory dollar, which is $3.60 minus the Fire District at $1.50, minus the Library District at approximately $0.409468, leaving a new levy rate at approximately $1.7105321 per $1,000 of assessed valuation. Councilmember Wood asked for clarification on the rate and what it was previously. Councilmember Littlefield stated that in the past, the Council has chosen not to take the full 1% allowed by law. No public comments or questions. Mayor Foster closed the Public Hearing at 6:08. b.Ordinance No. 1016, 2017 Preliminary Budget Mayor Foster opened the Public Hearing at 6:09. Noah Crocker, Finance Director gave a detailed powerpoint presentation on the proposed 2017 budget. The $7.390 million dollar general fund budget reflects a moderately aggressive approach to revenue projections ($5.190 million), as well as a thorough analysis of planned expenditures. It maintains current programs, contracts and levels of service provided to the community. Some highlights of the 2017 Budget include: fills necessary staffing positions in City Hall, Public Works and the Police Department; replaces failing equipment and adds needed equipment; SR507 Sidewalk Project; AC water line replacement projects; Cochrane Park Control System and SCADA repairs; Spray Park; completion of the Sewer Capital Facilities Plan and the completion of the Water Comprehensive Plan. Tami Merriman asked what new staff would be added in the 2017 Budget. Noah replied that the Police Department would get an additional Officer, Community an additional IT position would be added, Finance Department would add an additional Accountant position and Public Works would add 4 seasonal employees. No other public comment. 8.New Business a. Ordinance No. 1015, Setting Ad Valorem Tax for 2017 (7.a.) 16-130 MOTION BY TRACEY WOOD TO ADOPT ORDINANCE NO. 1015 SETTING THE AMOUNT FIXED AS AD VALOREM FOR THE REGULAR LEVY OF PROPERTY TAX NECESSARY TO RAISE REVENUES FOR ESSENTIAL EXPENDITURES FOR THE CITY OF YELM FOR THE FISCAL YEAR 2017. SECONDED BY EJ CURRY. MOTION CARRIED. b.Ordinance No. 1016, 2017 Preliminary Budget (7.b.) There was discussion on the budget amongst Councilmembers and staff. Councilmember DePinto would like to see a better breakdown of the new proposed staff. Mayor Foster is working with Chief Stancil to explore other avenues for funding additional requested Officers and Police vehicles. 16-131 MOTION BY TRACEY WOOD TO OPEN THE PUBLIC HEARING ON THE 2017 CITY OF YELM BUDGET AND AFTER THE STAFF REPORT AND PUBLIC COMMENT, CONTINUE THE HEARING TO THE NOVEMBER 22, 2016 CITY COUNCIL MEETING. AT THIS MEETING, ADDITIONAL PUBLIC COMMENT WILL BE HEARD AND THE BUDGET WILL BE SCHEDULED FOR ADOPTION. 11-8-16 SECONDED BY MOLLY CARMODY. COUNCILMEMBER DEPINTO OPPOSED. MOTION CARRIED. c. Contract for Services Yelm Community Service Grant Beck stated that the City of Yelm has provided funding support to Yelm Community Services since at least the mid-1990s (when the organization was known as United Citizens Betterment Organization) to assist in their mission of providing assistance to the poor and infirm of Yelm. This contribution was never memorialized in a written agreement and Yelm Community Services did not invoice the City for the contribution. In 2015, with significant changeover in City staff (including the loss of the City Administrator and a new Finance Director), the monthly contribution was discontinued, although not through a deliberate decision. Yelm Community Services provides many needed services to those citizens of Yelm and the surrounding community. They operate a food bank, The City has had an excellent working relationship with Yelm Community Services, with the City acting as financial agent for several CBDG grants. Yelm Community Services also manages for the City, the Neighborhood Stabilization Grant by Housing and Urban Development in which three single family homes are available in Yelm for low to moderate income families. Historically, the City has contributed $200 per month to the Yelm Community Services, which has been authorized, but not spent by the adopted 2016 Budget. Mayor Foster is proposing to increase the contribution to $250 starting in 2017 and will be including this appropriation in his proposed 2017 Budget. Council consensus is to have Cindy Marchand-Cecil attend an upcoming meeting and give a presentation on the services provided at Yelm Community Services. Mayor Foster will contact Cindy to see when she would be available to attend either a Council meeting or a Study Session. 16-132 MOTION BY JOE DEPINTO TO TABLE THIS MATTER UNTIL AFTER CINDY HAS ATTENDED A MEETING AND PROVIDED ADDITIONAL INFORMATION ON THE SERVICES AVAILABLE AT YELM COMMUNITY SERVICES. SECONDED BY TRACEY WOOD. MOTION CARRIED. d. Pavement Rating Professional Services Agreement and Port of Olym Grant Acceptance Grant Beck explained that in May of 2016, City of Yelm staff was notified of a $10,000 Economic Development Grant opportunity made available from the Port of Olympia (Port). This is a grant that the City has received every year for several years to help promote Economic Development opportunities. In the past, the City has utilized this funding to augment transportation project costs. The grant requires a 1 to 1 in-kind match from the City of up to $10,000. City staff, with the streetS to plan for improved transportation mobility and positioning for future grant opportunities through a comprehensive inspection of our infrastructure. On June 29, 2016, the Port approved our grant application for this project. City staff reviewed prospective consultants utilizing the MRSC Professional Services Roster to select qualified consultants to consider for the work. City Staff selected SCJ Alliance to assist with this project. The grant funding is required to be expended before December 31, 2016. Adequate City matching funds are available from the City Street Fund (fund 101). 11-8-16 16-133 MOTION BY TAD STILLWELL AUTHORIZING MAYOR FOSTER TO ACCEPT THE UP TO THE $10,000 GRANT OFFER FROM THE PORT OF OLYMPIA AND ENTER INTO A CONTRACT IN THE AMOUNT OF $18,760 WITH SCJ ALLIANCE FOR SERVICES TO COMPLETE PAVEMENT RATING AND INSPECTION OF CITY STREETS. SECONDED BY JENNIFER LITTLEFIELD. MOTION CARRIED. e. Interlocal Agreement Creating the Thurston County Regional H Human Services Council Mayor Foster stated the cities of Tumwater, Lacey, and Olympia joined the Thurston County in 2012 to manage cooperative efforts to fund basic health and human service needs within the region. It then became clear that inclusion of the other municipalities within the County would further those efforts and provide opportunity for those cities to provide services for their residents as well as support efforts to provide those services regionally. This contract provides that opportunity by making our city part of that coalition. Our contribution to the fund comes from a Community Development Block Grant (CDBG). There was much discussion on the process of receiving funds from the coalition. The only way that the City is eligible to receive funds from this group is if they are part of the coalition. 16-134 MOTION BY MOLLY CARMODY AUTHORIZING MAYOR FOSTER TO SIGN THE CONTRACT WITH THE HEALTH AND HUMAN SERVICES COUNCIL. SECONDED BY EJ CURRY. OPPOSED JENNIFER LITTLEFIELD AND TRACEY WOOD. MOTION CARRIED. 9. Old Business none scheduled 10. Mayor and Council Initiatives Councilmember Curry attendedthe Finance Committee meeting along with Carmody and Stillwell. Councilmember Carmody attended the Community Development Department DePinto and Littlefield. Councilmember Littlefield attended the Community Development Department mee DePinto. Councilmember Littlefield also attended the Public Forum on Friday, November 4 and thought it went well. Councilmember Stillwell met with Noah along with Curry and Carmody. Councilmember Stillwell also attended the Public Forum on Friday, November 4 and reported it went good. Councilmember Wood attended the Public Works Committee meeting with Councilmember Hendrickson and Parametrix to go over the facility needs at the Wastewater Treatment Facility. It was very interesting. Councilmember DePinto attended the Thurston County Law and Justice Committee meeting. Councilmember DePinto clarified his opposed vote to the budget because he received the Agenda Packet at 5:05 on Friday, November 4 and 11-8-16 did not have enough time to fully review the 2017 Budget. In the future, he would like to have the Agenda Packet with the Budget information at least two weeks in advance before the first public hearing. Mayor Foster attended Council of Tukwila. Met with Cynthia Schmier and discussed the naming of the Community Center. Mayor Foster reported that the Public Forum on November 4 was well received by the community. We will be scheduling more Public meetings in the future. The Department Heads for the City of Yelm along with the Mayor attended the Yelm Chamber Luncheon and each one introduced themselves and explained Celebration at JBLM. Mayor Foster also met with the Teamsters Union today and reached an agreement on an update to the Public Works Contract. This will be coming before Council before the end of the year. Councilmember Littlefield invited everyone to the Veteranat the school in Rochester. She has additional information if you would like to attend. 11. Executive Session none scheduled 12.Correspondence included Yelm Chamber of Commerce November 2016; Thurston County Auditor Mary Hall reminds voters to vote by November 8, 2016. 16-135 MOTION BY TRACEY WOOD TO ADJOURN, SECONDED BY EJ CURRY. MOTION CARRIED. 13. Adjourned at 7:15 pm. ___________________________ Attest: _________________________ JW Foster, Mayor Lori Mossman, City Clerk 11-8-16 Agena Item 6.b. VOUCHER APPROVAL FORM The following is a list of checks approved for payment at Tuesday, November 22, 2016 council Payroll Direct Deposit-Employee 9999999999$27,617.39 Payroll Checks-Employee 6797767977$730.05 Payroll A/P Checks XXXXXX$- Payroll A/P EFT & Drafts 9999999999$7,451.79 A/P Checks/Voucher 2016 6797868044$143,790.46 A/P Voucher EFT & Drafts 9999999999$503.50 Utility Refunds6804568046$93.08 TOTAL$180,186.27 ____________________________ /_______________________________/________________________________ Mayor Councilmember Councilmember ____________________________/________________________________/________________________________ Councilmember Councilmember Councilmember ____________________________/_______________________________ Council member Councilmember ATTEST:_____________________________ CITY CLERK:_______________________________________ The above checks approved and signed by a majority of the Yelm City Council, are hereby approved for payment passed on a motion by______________________________________________at a regular council meeting held this 22nd day of November 2016 1 of 16 Agenda Item 8. a. Ordinance No. 1016, 2017 Budget Page 1 of 9 City of Yelm STAFF REPORT To: Mayor JW Foster Yelm City Council From: Noah Crocker, Finance Director thth Date: November 17, 2016 (for November 22 City Council Meeting) Subj: 2017 City of Yelm Budget – Ordinance No. 1016 Recommendation To open the Public Hearing on the 2017 City of Yelm Budget and after the staff report th and public comment, continue the Hearing to the November 22 City Council Meeting. At this meeting additional public comment will be heard and the budget will be scheduled for adoption. Background The 2017 budget forecast was presented to the Council by Mayor JW Foster on October 26, 2016. On November 16, 2016 there was a study session where council th discussed the 2017 Budget. The public hearings opened on November 8 and nd November 22. Current Situation Mayor Foster and staff presented a balanced 2017 Budget for public comment. The $7.390 million dollar general fund budget reflects a moderately aggressive approach to revenue projections ($5.190 million), as well as a thorough analysis of planned expenditures. It maintains current programs, contracts and levels of service provided to the community. Highlights of the 2017 Budget include: Fills necessary staffing positions in City Hall, Public Works and the Police Dept Replaces failing equipment and adds needed equipment SR507 Side walk project AC water line replacement projects; Cochrane Park Control System and SCADA Repairs Spray Park Completion of the Sewer Capital Facilities Plan Completion of the Water Comprehensive Plan Agenda Item 8. a. Ordinance No. 1016, 2017 Budget Page 2 of 9 CITY OF YELM ORDINANCE NO. 1016 AN ORDINANCE OF THE CITY OF YELM ADOPTING THE YELM MUNICIPAL BUDGET AND SALARY AND BENEFIT SCHEDULE FOR THE CALENDAR YEAR 2017. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YELM, THURSTON COUNTY, STATE OF WASHINGTON, AS FOLLOWS: Section 1. The monies in the funds of the City Treasury as identified in Appendix I, Appendix II and Appendix III annexed hereto and by this reference incorporated as though fully set forth, or so much thereof as shall be found necessary, are hereby budgeted and appropriated for the calendar year 2017 to be used for the purposes for which said funds have been established and maintained. Section 2. The 2017 salary and hourly salary rates for officers and employees of the City of Yelm shall be, and the same are hereby fixed and established as set forth in the “2017 Salary Schedule”, annexed hereto as Appendix II, and by this reference incorporated as thought fully set forth. Sick leave, bereavement leave, vacation, holidays, medical, dental and life insurance benefits shall in calendar year 2017 be accumulated and provided to officer and employees of the City of Yelm in the manner set forth in the “2017 Benefit Schedule”, annexed hereto as Appendix III, and by this reference incorporated as though fully set forth. Section 3. Copies of this Ordinance shall be sent to the State Auditor, Thurston County Auditor, and Municipal Research Services. Section 4 Effective Date. This Ordinance shall take effect five days following publication. Section 5 Ratify and Confirmation Clause. Any action taken pursuant to this ordinance but prior the effective date is hereby ratified and confirmed. _____________________________ JW Foster, Mayor Authenticated: ______________________________ Lori Mossman, City Clerk PASSED AND APPROVED: PUBLISHED: Nisqually Valley News, October 21, 2016 & October 28, 2016 Agenda Item 8. a. Ordinance No. 1016, 2017 Budget Page 7 of 9 AppendixII SalarySchedule2017CityofYelmAnnualSalar y ClassificationFlatRateMinimumMaximum AccountingClerk/OfficeAssist.$41,508$49,800 AccountantVacant$47,544$56,772 AssistanttoCityAdministrator$55,884$66,636 AssociatePlanner$67,668$81,192 Baliff$17.49 BuildingInspector$56,376$67,632 BuildingOfficial$64,380$77,244 CertifiedCourtInterpreter$40$55persession CityAdministratorVacant$107,979$144,702 CityClerk/HRManager$72,084$86,148 CivilServiceSecretary$18.56 CommunityDevelopmentDirector$103,834$86,892$103,848 ComputerSupportSpecialist$56,100$67,320 ITNetworkAdministratorVacant$57,768$68,976 Councilmembers$7,200$7,200 CourtAdministrator$63,972$76,440 CourtClerk$44,376$53,232 DeputyCityClerkVacant$50,844$60,984 FinanceDirector$83,340$99,600 Judge$34,343$34,356 JudgeProTem$45hr$0 Mayor$30,000$30,000 PermitCoordinatorOfficeAssistant4279251336 /$,$, PermitCoordinator/OfficeAssistant$42,792$51,336 PoliceChief$111,965$93,696$111,972 PoliceDept.AdmininstrativeAsst.$48,384$58,032 PoliceDetective(Officersrate+5%)$66,352$75,468 PoliceOfficer$63,195$75,468 PoliceRecordsClerk$44,376$53,232 PoliceSergeant$85,283$88,300 PoliceCommanderVacant$97,130$101,055 ProvisionalPoliceOfficerVacant PublicWorksAdministrativeAsst.Vacant$48,384$58,032 PublicWorksDirector$105,835$88,548$105,840 PWFieldSupervisorVacant$64,092$76,528 PWManager$76,304$91,113 PWMaintenanceWorker$44,202$52,836 PWMaint.Worker/EquipOperator$49,995$59,669 PWMaint.Worker/Mechanic$53,816$64,266 SeniorAccountingClerkVacant$53,592$64,296 TreasurerVacant$58,404$70,068 UtilityClerk$48,444$58,128 WaterPlantOperator$55,743$66,564 WWTPReuseSystemManager$68,235$81,472 WWTPReuseSystemOperator$55,741$66,564 WWTPReuseSystemOperatorAsst.$46,135$55,110 PW&PDPERCONTRAC T ADMPERCONTRACT 11/22/1611/22/16 Agenda Item 8. a. Ordinance No. 1016, 2017 Budget Page 8 of 9 AppendixIII OrdinanceNo.1016 CITYOFYELM2017BENEFITSCHEDULE Allregularfulltimeandregularparttimeemployeesareeligibletoparticipateinthebenefitslisted below.Regularparttimeemployees(min20hoursperweek)receivebenefitsproratedaccordingto hoursworked. PAIDSICKLEAVE ployeesorone(1) Sickleaveaccumulatesattherateofeight(8)hourspermonthforfulltimeem equivalentworkdaypermonthforparttimeemployees.Uponterminationofemploymentforreasons otherthandismissalformisfeasanceormalfeasance,eachemployeewillbepaidfortwentyfivepercent (25%)ofthetotalnumberofaccumulatedsickleavedaysattherateofpayapplicableforsuch employee.However,thepaymentofaccumulatedsickleaveshallnotexceedanamountequaltoone monthofgrosssalaryorequivalentwage. PAIDVACATION Eachemployeecoveredbythisagreementshallbeentitledtovacationwithpay.Unlessapprovedbythe Mayor/CityAdministrator,newemployeesmustsatisfactorilycompletetheirtrialperiodtobeentitled touseaccruedvacationleave. Vacationleaveaccruesmonthly.Eachregularfulltimeemployeeisentitledtovacationleaveasfollows: YearofEmploymentVacationDaysEarnedPerYear FirstandSecondYear96hoursperyear ThirdandFourthYear104hoursperyear Fifth‘NinthYear120hoursperyear Tenth‘FourteenthYear160hoursperyear Fifteenth‘NineteenthYear180hoursperyear TwentyorMoreYears200hoursperyear Regularparttimeemployees(min20hoursperweek)receivebenefitsproratedaccordingtohours worked. MEDICAL,DENTAL,VISION,EMPLOYEEASSISTANCEANDLIFEINSURANCEBENEFITS Regularfulltimeandregularparttime(min20hoursperweek)employeesandtheirdependentsare eligibletoparticipateinthe/z·äx­medicalinsuranceprogramonaproratabasis.AsofApril1,2016, withtheexceptionofthePolicehEEz-;©x­F.O.Pmembership,thecontributiontothisbenefitis95% employercontribution,5%employeecontributionforemployeemedical,and80%employer contribution,20%employeecontributionforeligiblefamilymembers. Employerpays100%ofthePolicehEEz-;©x­HealthFirstemployeemedicalpremiumand80%ofthe medicalpremiumforeligibledependents.EffectiveJanuary1,2016,PoliceOfficersmovedtomedical AWCHealthFirst250Plan. 1o2 OrdinanceNo.101611/22/16 Agenda Item 8. a. Ordinance No. 1016, 2017 Budget Page 9 of 9 AppendixIII OrdinanceNo.1016 Currentinsurancecompanypolicyrequires100%participationindental,visionandlifeinsurance programsbyall{w;mҌ©|fulltimeand/orparttimeemployees.Thispolicyalsopermitsamaximumof 25%ofall{w;mҌ©|fulltimeand/orparttimeemployeestoforegoparticipationintheCitysponsored medicalplan.{w;mҌ©|fulltimeemployeeschoosingnottoparticipatereceiveamonthlypaymentof $150.00inlieuofmedicalinsurance.{w;mҌ©|parttimeemployeesreceiveonehalfofthestipend amounts.Dentalandvisionbenefitsforemployeesandeligiblefamilymembersremainactivewhen choosingthisoption. RETIREMENT AllemployeesparticipateintheSocialSecurityprogramwiththeCitypayingamatchingcontribution. PoliceofficersareeligibleforparticipationintheLEOFFIIretirementprogram.Otheremployees participateinthestatePERSI,PERSIIorPERSIIIprogram.The/z·äx­contributionisdeterminedbythe programandissubjecttoadjustmentsatvarioustimesthroughouttheyear. Employeesmayelecttoparticipateinastatesponsoreddeferredcompensationprogram.TheCitydoes notcontributetothisprogram. OTHERBENEFITS TheCityprovidesstateޚ©‰;©x­compensationandunemploymentinsuranceforemployees.The programdeterminescoveragecosts. PAIDHOLIDAYS eemployeesreceiveeighthoursofpay ThefollowingpaidholidaysarerecognizedbytheCity.Fulltim foreachoftheholidays:Regularparttimeemployeesandpolicepersonnelreceiveaproratashare basedupontheusualnumberofhoursworkedperregulardailyshifthoursforeachholiday. st New—;©x­DayJanuary1 rd MartinLutherYz“mx­Birthday3MondayinJanuary rd t©;­z7;“·x­Day3MondayinFebruary MemorialDayLastMondayinMay th IndependenceDayJuly4 st LaborDay1MondayinSeptember ;·;©“x­DayNovember11 th ThanksgivingDay4ThursdayinNovember DayafterThanksgivingFridayafterThanksgiving ChristmasDayDecember25 One{CŒš·z“m|HolidayDateselectedbyemployee UNPAIDHOLIDAYS Employeesareentitledtotwounpaidholidayspercalendaryearforareasonoffaithorconscienceor ligious anorganizedactivityconductedundertheauspicesofareligiousdenomination,church,orre organization. 2of2 OrdinanceNo.101611/22/16 City of Yelm STAFF REPORT To: Yelm City Council From: Mayor JW Foster Date: 11-17-16 For Council meeting of 11-22-16 Subj: Union Contract with AFSCME represented employees w;-š’’;“7·zš“ Authorize Mayor Foster to sign the contract with the employees represented by the American Federation of State, County and Municipal Employees (AFSCME). .-‰m©šÒ“7 The previously non-represented City of Yelm employees, i.e., tho covered by contracts with the Public Works and Police unions, mo union representation to better negotiate wages and working condi that first contract started earlier in the year with Mayor Hardi City Administrator Bill Brandon. Final negotiations were complet assistance from our legal representative, Peter Altman. The unio this contract. The 2017 budget has been amended to reflect chang Page 1 of 1 AGREEMENT By and Between THE CITY OF YELM and WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, COUNCIL 2, AFSCME (Office, Clerical, General Government) November 22, 2016 through December 31, 2018 Table of Contents ARTICLE 1 PREAMBLE ................................................................ 3 ARTICLE 2 UNION SECURITY ................................................................ 3 ARTICLE 3 EMPLOYER RIGHTS.. ................................................................ 4 ARTICLE 4 UNION RIGHTS ................................................................ 5 ARTICLE 5 HOURS OF WORK / OVERTIME. .................................................. 6 ARTICLE 6 SENIORITY ................................................................ 8 ARTICLE 7 LAYOFF and RECALL ................................................................ 9 ARTICLE 8 HOLIDAYS ................................................................ 10 ARTICLE 9 VACATIONS ................................................................ 11 ARTICLE 10 SICK LEAVE ................................................................ 12 ARTICLE 11 OTHER LEAVE ................................................................ 13 ARTICLE 12 MEDICAL COVERAGE .............................................................. 15 ARTICLE 13 WAGES ................................................................ 17 ARTICLE 14 DISCIPLINE ................................................................ 19 ARTICLE 15 GRIEVANCE PROCEDURE .......................................................... 21 ARTICLE 16 VEHICLES/MILEAGE ............................................................... 24 ARTICLE 17 SUBCONTRACTING/SKIMMING ................................................. 25 ARTICLE 18 PERFORMANCE OF DUTIES / NO RIGHT TO STRIKE .............. 25 ARTICLE 19 SCOPE AND DURATION OF AGREEMENT ............................... 25 APPENDIX AWAGE TABLE 2016-2018 and CLASSIFICA ....................... 27 AGREEMENT BY and BETWEEN CITY OF YELM and WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, COUNCIL 2, AFSCME ARTICLE 1 - PREAMBLE This Agreement is entered int and Local 618-Y of the Washington State Council of County and Ci full-time and regular part-time employees of the City of Yelm, e confidential employees, uniformed employees, employees in the Pu City Administrator, the Human Resources Manager, and all other e -E-15, Decision 12458-A (PECB, 2016). The parties executing this Agreement on behalf of acting under the authority of RCW 41.56 to collectively bargain they represent. The job classifications covered by this Agreement are listed in Administrator, or their respective designees. ARTICLE 2 UNION SECURITY Section 1. Current Employees. Subject to the provisions of the sections below, it shall be condition of employment that all employees covered by this Agree remain members of the Union in good standing within thirty (30) Agreement. Section 2. New Employees. It shall also be a condition of employment that all new employee hired after the effective date of this Agreement and covered by than thirty (30) days following their employment, become and rem standing in the Union during the term of this Agreement. Section 3. Religious Objections. In accordance with RCW 41.56.122, objections to joining the Union based on ,š“ Ez7; religious tenets or teachings of a church or religious body sha observed. Any such employees shall pay an amount of money equiv and initiation fees to a non-religious charity mutually agreed u Union. The employee shall furnish written proof to the Union th made. If the employee and the Union do not reach agreement on su designate the charitable organization. Section 4. Deduction of Union Dues. Upon receipt of written authorization of the employee, the City shall deduct all dues and fees once each month and tran Employees shall voluntarily submit such written authorization to City. The Union shall notify the City of the amount of authoriz. Section 5. Hold Harmless. The Union agrees to indemnify and hold the City harmless for and all liabilities that arise or by reason of actions taken by ARTICLE 3 EMPLOYER RIGHTS Section 1. The Union recognizes the City has a legitimate need to operat affairs in all respects in accordance with its lawful mandate, a which the City has not specifically abridged, delegated, or modi retained by the City. The specific rights of the City include, 1.The right to determine its mission, policies, and levels/types o public; 2.To plan, direct, control, and determine the operations or servic 3.To determine the methods, means, equipment, facilities, and numb 4.To hire, promote, transfer, assign, re-assign, and retain employ 5.Suspend, demote, discharge, or take other disciplinary action ag just cause, in accordance with the discipline provisions of this 6.To determine the need for additional educational courses, traini training, and cross-training for employees; 7.To layoff, furlough, or relieve employees from duty because of l constraints, or other legitimate business reasons; 8.To draft, publish, amend, and enforce workplace policies, rules, Provided, however, that any such policies, rules, and regulations do no express Articles or sections of this Agreement. Provided furthe right to demand to bargain the impacts any newly adopted or amen may have on mandatory subjects of bargaining. 9. emergency situations and periods of civil unrest, as declared by City Administrator. Section 2. Court Personnel Governed by GR 29(f). All terms and conditions of this Agreement apply to court personnel who are members of the bargaining unit. Agreement recognize the covered by this Agreement with respect to working conditions, hi termination decisions, but excluding wages or benefits directly - administrative duties set forth in GR 29(f) rest exclusively wit by operation of law, be del government. Any Article or section of this Agreement pertaining conditions of court personnel shall be imputed to the Presiding this Agreement refers to the Employer, City, Mayor, or City Admi ARTICLE 4 UNION RIGHTS Section 1. Union Business. Reasonable time off with pay shall be granted for Union business such as handling grievances or other legitimate routine matters operations or daily business. Subject to reasonable notice and agreement with the City Adminis employees shall receive time off with pay during normal working handling grievances or other tasks related to contract administr business or Union meetings. Section 2. Bulletin Board. The City shall provide suitable space for a Union-furnished b board on its premises, in a non-public area, frequented by emplo Agreement. The Union shall limit its posting of notices and bul Nothing posted on the bulletin board shall be personally derogat officials, or other personnel. Section 3. Paid Leave for Bargaining. Two (2) employees may be on regular paid status for any bargaining session, or portion therescheduled hours of work. If an employee is not scheduled to work during bargaining be paid. Section 4. Union Representatives. The Union agrees to provide the City with an updated list of official Union representatives with fourteen (14) calendar days Section 5. Employee Lists. Upon written request of the Union, the City will provide a li employees filling positions (including promotions and reclassifi unit, within fourteen (14) calendar days of receipt of the writt the Union of any changes to employee status (zu;u promotions, demotions, separations, layoffs, or reclassifications) within fourteen (14) calendar days followi Section 6. Email and Telephone Communication Equipment. Union representatives and Union mputers, telephones, fax machines, photocopier, and similar telecommunication equipment for tasks r ns, and must have a 7; ’z“z’z­ cost. The Union and employees understand and accept there is no right to privacy for communication or documents are subject to inspection and public ARTICLE 5 HOURS OF WORK / OVERTIME Section 1. FLSA Work Week. For all non-exempt employees, the designated work week shall consist of forty (40) hours within a consecutive seven (7) day pThe work week shall begin at 12:01 a.m. Saturday and end at 11:59 p.m. on Friday, unless o The City reserves the right to assign alternative FLSA work periods to em work schedules. Section 2. Work Schedule. For full-time employees, the work schedule normally consists forty (40) hours per week or 173.33 hours per month, Monday through Frida 8:00 AM and ending at 5:00 PM. For part-time employees, the wor by the Department Head. Employees may be assigned to different assignments and business needs (for example, non-sworn police pe a work schedule matching sworn personnel). Absent an emergency or employees will be provided with a minimum of five (5) cale work schedule. Employees may be allowed to work alternative work schedules, wit authorization from their supervisors. The City has the discreti alternative work schedule, provided authorization shall not be u Alternative work schedules include but are not limited to: modif 9/80 schedules; and 4/10 schedules. a.Meal Period Employees are provided with a sixty (60) minute unpaid meal per regular work shift. The scheduling of meal periods may vary dep departmental workload, but shall normally be scheduled no less t no more than five (5) hours from the beginning of work shift. E on a case-by-case basis at the discretion of the Department Head. b.Rest Periods Employees are provided with two (2) fifteen (15) minute paid re per regular working shift, to be taken approximately midway in e work shift. An employee required to work beyond ten (10) consec (1) day shall be provided another fifteen (15) minute rest period a threshold. Rest periods shall be scheduled to avoid interfering operations and service, provided employees are not required to w (3) hours without a rest break. With approval from the City, rest periods may be added to the normal lunch period. A s, equal to a total of intermittent breaks. An employee who is unable to take a break immediate supervisor or Department Head as soon as possible. Section 3. Overtime Pay. Non-exempt employees are paid overtime for all hours worked i excess of their regular workday (;umu more than eight (8) hours for employees assigned to a 5/8 schedule, more than ten (10) hours for employees assigned to a 4 (40) hours in a designated work week, or when employees are required regular schedules. Part-time employees are eligible for daily overtime only when th excess of eight (8) hours per day. Overtime pay is calculated a for each overtime hour worked. Holiday, sick leave, and vacation hours are not counted as hours worked for purposes of c Employees may be required to work overtime. All non-emergency overtime must be authorized in advance by the City. Prior authorization may be given by a Department Head for recurring overtime assignments (;umu staying past the end of the regularly-scheduled workday to complete a task when a supervisor is not available). Section 4. Compensatory Time Off. Non-exempt employees may elect to receive compensatory time off instead of overtime pay. Approval of compensatory time off is made by selecting overtime pay instead of compensatory time off. When t to compensatory time off, compensatory time shall accrue at the ½) hours for each overtime hour worked. Employees may exchange acc off for cash in accordance with the terms of the Cityime off. There is no limit to the number of compensatory time off hours that ma however, any hours in excess of sixty (60) remaining as of Novem cashed out with the November end-of-month paycheck. Any compensatory time off accrued after November 15 will carry forward to the next year. a.Scheduling Compensatory Time Off. Employees must request to use compensatory time off in advance with the City. Employees who request compensator permitted to use such time within a reasonable period after making a request, provided use of compensatory time off does not unduly impact the b.Cash-Out at Separation. Compensatory time off will be cashed out for employees who separate, voluntarily or involuntarily, from the City. All cash straight time rates. Section 5. Call-Back. Employees are subject to call-back in emergencies or as needed b City to provide service to the public. The City agrees to pay t and one-half (1 ½) times the regular rate of pay to employees ca working hours. All hours worked beyond two (2) shall be paid at the same overti Call-back pay does not apply when an employee works within two ( start or end of a regularly-scheduled work shift, or when an emp regularly-occurring events as part of their normal job duties (;umu attendance at evening City Council meetings). Employees contacted at home by a supervisor, work from home, are not provided call-back pay and instead are p straight time rates for any work tasks that are not 7; ’z“z’z­ in nature. Any additional calls within the same hour are considered already compensated. Section 6. Inclement Weather and Emergencies. Employees are expected to make reasonable efforts to report to work during inclement weather or emergencie risk to personal safety. All other terms governing pay and atte Operations Center (EOC) and Closed City Facilities. ARTICLE 6 SENIORITY Section 1. Definitions of Seniority: a.Seniority within the Employer The length of continuous employment with the City. Seniority within the employer shall begin on the date of hire. b.Seniority within a Classification The length of continuous employment within a particular job classification. Seniority within a classificatio transfer or promotion to a new classification. Section 2. Part-Time Employees. Seniority for part-time employees shall be pro-rated by the actual hours worked each month. Section 3. Probationary Periods: a.Initial Hires Newly-hired or re-hired employees shall serve an initial probat period of six (6) months before achieving regular status. Durin the grievance procedure. The City retains the right to extend t probationary period on a case-by-case basis, for a period of up to ninety (90) days. Newly-hired employees shall not have seniority during the initia Upo become the seniority date. b.Promoted Employees Employees who are transferred or promoted into a new classification shall serve a promotional probationary period of this period, if the City determines an employee is not satisfact new classification, the employee shall be returned to his/her pr The City retains the right to extend the length of the promotionby- case basis. Section 4. Breaks in Seniority. Seniority shall be broken by resignation, discharge supported just cause, retirement, layoff of more than eighteen (18) months accordance with the terms of a leave of absence or when recalled seniority results in a loss of seniority. In addition, seniorit without pay in excess of ninety (90) days, unless the leave is p ARTICLE 7 LAYOFF and RECALL Section 1. In General. When necessitated by business or operational needs, budget constraints, lack of work, or other legitimate reasons, the City and the departments and classifications subject to layoff/furlou this Article. No employees covered by this Agreement may be sub person in the same classification is serving in an initial proba employee. Section 2. Notice and Procedure. The City shall notify the Union in as far in advance as reasonably possible of any pending layoff/furlough. Absent an e uest to bargain impacts and offer possible alternatives to layoffs/furloughs. Thereafter, i be determined on a per-department basis by order of seniority wi event of a tie in seniority within a classification, then the se prevail. Employees who have previously held a lower classification within shall have the right to return to such lower classification if t greater than the employee in such classification and if they mee with this section, they shall notify the City within five (5) bu layoff. Section 3. Recall from Layoff. Laid off employees have the right to recall from layoff. For eighteen (18) months following a layoff, employees on the recall vacancy occurs in any position within the bargaining unit. Emplo refusal or acceptance if their previous position is to be re-fil on seniority within the City. The period of recalling laid off e eighteen (18) months, beginning on the date of the layoff. The the eighteen (18) month period at its discretion. As a mandator employee must be qualified to hold the position. An employee re reinstated into the same position prior to layoff shall receive held prior to layoff. It is the responsibility of each laid off information to the City. Failure of a laid off employee to repo (7) calendar days of notification by the City shall result in fo Section 4. Payout of Accrued Benefits. An employee subject to layoff shall be entitled to receive 100% payout of all accrued vacation leave, compensatory excluding floating holidays and holidays that have not yet occur will also receive 25% of accrued sick leave, up to a maximum ARTICLE 8 HOLIDAYS Section 1. Recognized Holidays. The following holidays are recognized by the City: January 1 Dr. Martin Luther King Jr. Day 3 rd Monday of January 3 rd Monday of February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1 st Monday of September November 11 Thanksgiving Day 4 th Thursday of November Day After Thanksgiving 4 th Friday of November Christmas Day December 25 One (1) Floating Holiday Date Selected by Employee Holidays begin at 12:01 a.m. and end at 12:00 p.m. on the design Part-time employees working a minimum of twenty (20) hours per w hours on a pro-rated basis. Any holiday falling on a Saturday will be observed on the preced on a Sunday will be observed on the following Monday. considered part of the vacation or sick leave expended. Section 2. Holiday Pay. Non-exempt employees working a holiday shall be paid for that the overtime rate of one and one-half (1 ½) the regular rate of either eight (8) hours of holiday pay or the right to keep the h accrual bank, which may be taken off throughout the year. Any a remaining as of November 15 each year will be paid with the Noveof-month paycheck. Any holiday hours accrued after November 15 will carr For employees assigned to an alternative work schedule (;umu a 9/80 schedule), if a holiday falls on a regularly scheduled day off and the employee is not asked t off throughout the year, subject to the annual cash-out requirem paragraph. Section 3. Floating Holiday. New employees hired prior to July 1 will be entitled to one ( floating holiday for that year. Floating holidays shall be sche receive a floating holiday in the year of hire. Each floating h December 31 and may not be carried forward. ARTICLE 9 VACATIONS Section 1. Vacation Leave. Full-time employees earn vacation leave as follows: Years of Employment Vacation Hours Earned Per Year Years 1-2 96 hours Years 3-4 104 hours Years 5-9 120 hours Years 10-14 160 hours Years 15-19 180 hours Years 20+ 200 hours Part-time employees working a minimum of twenty (20) hours per w a pro-rated basis. Vacation leave begins to accrue from the date of hire. Vacation leave may not be used in the month it is earned. Except as approved by the City, vacation le employee serving an initial probationary period. Section 2. Vacation Scheduling. Vacation leave requests must be submitted in advance to eads. Vacations will be scheduled without undue disruption of department operations. The City retains the right requests. In the event of a conflict with scheduling, seniority determining priority. Section 3. Vacation Carry-Over. Employees may carry-over a maximum of 240 vacation hours from one year to the next. Employees have a responsibility to s enough in advance to accommodate this carry-over maximum. Failu loss of additional accrued vacation time. In cases where the operations have made it impossible for an employee to use vacation leave, the City may g Section 4. Vacation Cash-Out. Employees who separate from the City shall receive payment fo all unused accrued vacation hours, at their current rate of pay. ARTICLE 10 SICK LEAVE Section 1. Sick Leave Accrual. Employees earn paid sick leave at the rate of eight (8) hours month. Part-time employees working a minimum of twenty (20) hou leave on a pro-rated basis. Paid sick leave begins to accrue fr do not accrue paid sick leave while on an unpaid leave. Sick leave may not be taken in the month it is earned. Sick leave may be used by an employee serving an initial probati period. Section 2. Permitted Use of Sick Leave. Sick leave may be used in the following situations: 1.physical injury or illness. 2.The need to care for a family member under the Family Care Act. 3.Actual periods of temporary disability and maternal/paternal car pregnancy or childbirth in accordance with RCW 49.60. In association with the birth or off beyond the actual period of disability; for this purpose vac time off, or sick leave may be used. An employee lacking suffic leave to take advantage of maternal/paternal leave benefits may fifteen (15) days of shared leave. To qualify, an employee must of Shared Leave Ordinance. 4.medical or dental appointments. 5.The lawful use of a prescription or over-the-counter drugs which job performance or safety. 6.Attendance at appointments as part of any Employee Assistance Pr by the City. 7.Exposure to a contagious disease where on-the-job attendance wou health of others. 8.Any other situation where sick leave is required by applicable l 9.Employees may use up to sixteen (16) hours of their accumulated year for personal reasons. Part-time employees will receive pro- (;umu a part-time employee working 20 hours weekly may use up to eigh year of accrued sick leave for personal reasons). Employees using accrued sick leave under this section shall notify the City in advance prior to tak Section 3. Sick Leave Procedure. 1.Sick leave may not normally be taken without prior approval from sick leave, an employee shall inform an immediate supervisor or soon as possible under the circumstances and indicate the reason 2.When the City has reason to believe sick leave is being improperl sick leave 3.Employees who fail to provide proper notice as required by Secti as required by Section 3(2), or who otherwise violate this section may be denied paid sick leave and/or may be action. Section 4. Sick Leave Donation. Employees may donate paid vacation, holiday, compensatory time off, and sick leave hours to other employees who (1) have b shared leave, and (2) who have exhausted their own paid leave ba voluntary. Donating employees must retain a minimum of ten (10) Leave amounts are deducted equally from all donors in incrementa balance the monthly requirements of the receiver. Donated hours dollar-for-dollar basis based on the salary of each employee. E terms and conditions in the Ordinance governing paid leave donation. Section 5. Insurance Coverage During Family Medical Leave. During Family Medical Leave provided by state or federal law (whether medical, dental, and life insurance coverage. The employee is e cost-sharing contributions owed for coverage. An employee grant exhausted all available Family Medical Leave may elect to contin his/her sole expense. Section 6. Sick Leave Cash-Out. Upon separation of employment, employees will be paid for ARTICLE 11 OTHER LEAVE Section 1. Paid and Unpaid Leave Required by State or Federal Law. The City provides employees with family and medical leave, pregnancy disability le paid and unpaid leave required by state and federal law, includi a.Family and Medical Leave (29 USC § 2601 et seq. and RCW 49.78). b.Family Care Act Leave (RCW 49.12.265). c.Pregnancy Disability Leave (RCW 49.60). d.Leave for Victims of Domestic Violence, Sexual Assault, and Stal e.Leave for Spouses of Deployed Military Personnel (RCW 49.77). f.Military Leave of Public Employees (RCW 38.40.060). g.Unpaid Religious Leave (RCW 1.16.050(3)). h.Leave for Certain Emergency Services Personnel (RCW 49.12.460). Leave eligibility, benefits, and requirements are determined by nflicts with state or federal law, then the minimum requirements of the law shall apply. Section 2. The City, at its discretion, may require that an employee be mine whether the employee is able to perform the essential functions of the job, asonable accommodation. Prior to Section 3. Bereavement Leave. When the death of a family member occurs, the employee may elect to take up to forty (40) hours of paid bereavement leave. For purposes of this section, sister, brother or sister in law, mother or father in law, son o of direct lineage such as grandchildren, grandparents, etc. Ber submitted to the Mayor or City Administrator for approval. Any purposes shall be used within thirty (30) days of the date of de Section 4. Jury Duty. Employees shall be granted paid leave to serve on a jury or a witness. If an employee is summoned for jury duty during a crit ask the employee to request a waiver from duty. An employee ser forward to the City any compensation received for serving as a j reimbursable expenses). To qualify for paid leave, an employee or witness summons/subpoena to the City. If an employee is rele released as a witness during their regular working hours, the em work. Section 5. Other Unpaid Leave. The City retains the right to grant an unpaid leave of absenc to employees who require a leave of absence not covered by any o have exhausted all available leave banks. The decision to grant the City on a case-by-case basis. Unless otherwise provided by law, employees on an leave of absence do not accrue paid vacation or sick leave, and Eligible employees may, however, elect at their sole expense to coverage at regular rates. An employee who fails to report promptly at the end of an unpaid personnel policies manual. ARTICLE 12 MEDICAL COVERAGE Section 1. Eligibility for Insurance Benefits. Full-time employees and their spouses/dependents are eligible to insurance programs. Part-time employees working a minimum of tw and their spouses/dependents are also eligible to participate in insurance programs on a pro-rated basis. Section 2. Health Insurance Plans. The City City pays 95% of monthly premiums for employee-only coverage, with em monthly premiums. The City pays 80% of monthly premiums for spo coverage, with employees paying 20% of monthly premiums. The te enrollment and coverage are stated in the enrollment materials. The City may change the insurance carrier and the specific healt insurance plans offered, but agrees to bargain the impacts of an benefit levels and cost-sharing owed by employees. Effective January 1, 2018, employees shall transition to AWC Hea the City shall pay 100% of monthly premiums for employee-only co of spouse and dependent coverage unchanged. For 2019 and beyond paying 5% of monthly premiums for employee-only coverage. Section 3. Opt-Out Benefits. As long as the health insurance participation/enrollment require may forego enrollment in the health insurance plan. Upon request of an employee, and with City Council approval, an amount of $150 per month may be a employees in lieu of health insurance. Regular part-time employ (20) hours per month shall be eligible to receive one-half of th and conditions governing the opt-out benefit are stated in the personnel policies manual (City Policy 6.03.020). The opt-out benefit is subject to discontinuation or modification. may discontinue the benefit if it becomes subject to monetary pe Care Act, or if the City is subject to other taxable penalties o Internal Revenue Code or other body of law. Section 4. Dental and Vision Benefits. The City offers dental insurance through AWC Plan Choices and vi AWC Full-Family, No-Deductible. The City pays 100% of the cost requirements for dental and vision benefits are set by the insur the right to change dental and vision insurance carriers and pla not substantially altered. Any material reduction in benefit levels shall be subject to negotiations. Section 5. Employee Assistance Program (EAP). The health insurance plan provided to employees may include a vo The program, if available, offers voluntary professional and con assistance to employees whose job performance, health, or well-b personal reasons. Employees who seek such counseling and assist accrued compensatory time off, sick leave, or vacation leave for hours. Section 6. Industrial Insurance. program. CitEmployees who continue to use accrued paid leave during a including health insurance, subject to any cost-sharing owed. Compensation leave who have exhausted all accrued paid leave sha continue to pay health insurance premiums, subject to any cost-s (1) month, after which the employee may choose to use COBRA rights premiums. Section 7. Life Insurance. The City offers life insurance in the amount of $10,000 per empl the premium cost. The City reserves the right to change life in levels are not reduced. Employees are allowed to increase the amount of coverage, as all by the insurance carrier, at their sole expense. Section 8. COBRA Coverage. Employees who separate from service or otherwise have a qualifyi health insurance benefits as provided by the terms of the Consol Reconciliation Act (COBRA). COBRA benefits are not available if an employee is terminated fo gross misconduct, as provided by law. Section 9. Employee Death. Upon the death of an employee in active service, accrued paid le employee or designated representative. Accrued vacation, compen holidays (including any unused floating holidays, but excluding yet occurred at time of death) will be paid at 100% for all accr be paid at the rate of 25% for all accrued sick leave, up to a m salary. ARTICLE 13 WAGES Section 1. Classifications, Wages, and Salary Schedule. Employees will be classified and paid in accordance with the wagA to this Agreement. New employees will be appointed by the City to a step in the app pay range. Section 2. Step Dates. Employees are eligible to receive step increases upon their step upon a satisfactory performance evaluation. Unless otherwise not eligibility date is January 1 of each calendar year. If the City fails to conduct the performance evaluation prior to the January 1 eligibility date, the employee step increase. Section 3. Certification, Training, and Education. The City will be pay the certification, license, training, and e This includes costs associated with renewals. Beyond minimum or mandatory job qualifications, the City seeks t and career development opportunities directly related to City em such costs and leave during working hours to attend such opportu the City on a case-by-case basis, taking into consideration the goals of the requesti the business needs of the City, and available resources. Section 4. Pension Contribution. The City System (PERS) for each eligible employee, based on the terms and Washington law. Participating employees shall pay any required costs by means of a payroll deduction. Section 5. Out-of-Class Pay. Working out-of-class refers to situations in which employees are temporarily asked to perform the duties or responsibilities of a of one (1) full day or longer. Employees may be asked to act ouof-class to cover for absent employees, to provide temporary coverage during a job vacancy, o in work volume. Employees assigned to work out-of-class shall receive a five percent (5%) premium added to their base wage for all hours worked out-of-class. The out-of-class work must be approved by the City in advance. Employees working out-of-class for an absent employee or job vacancy shall be returned t their regular classification and regular pay after the absent em is filled. Employees who voluntarily request out-of-class duties as part of career development do not qualify for out-of-class pay. Out-of-class pay does not apply to training or professional development. Section 6. Promotions. Upon a promotion in the bargaining unit, an employee is entit greater of: (1) the first step of the new salary schedule for th advancement to the next step of the new salary schedule closest salary schedule. Section 7. Job Postings. The City will post all openings in the bargaining unit, inclu bargaining unit positions, internally via email for two (2) busi All qualified employees of the bargaining unit may apply for the who apply and meet minimum qualifications shall be interviewed a screening external candidates for the position. If applicable, an open position, provided that the selection process shall be d impartial, and transparent manner for all candidates. If an emp not selected for an open position, the employee may request to m interview committee for constructive feedback. Section 8. Position Classifications. The City will make every effort to assign only those duties flexible interpretation is necessary in order to achieve efficie experience and/or changing department needs. When the duties, qualifications, or requirements of a position a actual work, an employee may request the Department Director for or revised job description. Within three (3) weeks of a request meet with the employee to discuss the matter. Afterwards, the D consultation with a Human Resources professional, will evaluate classification or job description is required. If changes are m in writing and agrees to bargain any impacts, including changes Director denies a request to amend a position classification or may appeal the decision to the City Administrator and Mayor. If the City Administrator and Mayor deny the request, as a final step, the employee may appeal City Council. The denial of a request for position reclassifica is not subject to the grievance procedure. ARTICLE 14 DISCIPLINE Section 1. In General. including the code of conduct, workplace safety, and anti-violen workplace. All employees are expected to exercise good judgment courtesy in the performance of their duties and interactions wit However, the City retains the right to discipline and discharge recourse to the grievance procedure. Employees do not waive nor will they be deprived of any of their guaranteed by federal or state law. Employees shall not be subj disciplinary action, or other unlawful conduct for exercising th rights. Section 2. Discipline Steps. Disciplinary action may include the following: a.Verbal warning. b.Written reprimand. c.Permanent or temporary reassignment resulting in adverse economi d.Suspension without pay. e.Permanent or temporary demotion. f.Discharge. Progressive discipline is generally preferred, but not required, The City may use coaching and counseling to address and correct and counseling serves an important purpose, is not disciplinary the grievance procedure. Section 3. Verbal Warnings and Written Reprimands. a.Verbal warning The City may issue a verbal warning at any time for cause. The may record having issued a verbal warning. A verbal warning sha penalty. b.Written reprimand The City may issue a written reprimand at any time for cause. written reprimand shall carry no additional penalty. c.Grievance procedure Verbal warnings are not subject to the grievance procedure. Written reprimands may be grieved to Step 2 of the grievance pro be submitted to Step 3 (arbitration). Section 4. Discipline Procedure. a.Notice of Intent to Discipline If the City intends to impose discipline other than a verbal warning or written reprimand, the City shall inform the e written notice shall describe the event or conduct to enable the understand the general nature of the concern or allegations. Th written notice either before or after conducting a preliminary i b.Pre-Disciplinary Meeting Upon at least twenty-four (24) hours written notice to both the employee and the Union, the City may call a pre-disciplinary City will state its concerns or allegations, modified by what it has learned to dat through any investigation or otherwise, and provide the employee respond. The employee may elect to attend the pre-disciplinary by a Union representative. c.Disciplinary Decision No later than fourteen (14) days after the close of a pre-disciplinary meeting, the City shall inform the employee and the U Section 5. Employer Investigations. a.Cooperation Employees have an obligation to cooperate with any investigatio conducted by the City. Failure to do so will be considered insu grounds for discipline. b.Union Representation If the City elects to conduct a disciplinary investigation, an employee is entitled, at his/her request, to have Union represe interview conducted by the City that the employee reasonably bel his/her discipline or discharge. During such an interview, a Un given the opportunity to ask questions and offer additional infot c.Investigatory Interviews Any questioning during an investigatory interview will be kept at a reasonable and professional level. Employees will be and meal breaks, provided an employee answers any pending questi break. All interviews will be scheduled at reasonable times, ta the urgency of the situation and the availability of the employe will be conducted while an employee is on-duty. An employee sha offensive language, harassment, fear of unlawful reprisal, intim coercion, or promises of a reward. Questioning during an invest d.Written Statements As part of a disciplinary investigation, an employee may be directed to provide a written statement. If directed to provide employee will be advised of the nature of the investigation. e.Administrative Leave The City may, at its discretion, place employees on paid administrative leave during an investigation. Employees on such leave must remain available during their normal hours of work an accept outside employment. Placement on paid administrative lea disciplinary event and is not subject to the grievance procedure f.Lie Detectors Employees will not be asked or required to take a lie detector, polygraph, or similar test as part of any investigation. g.Employee Searches -- Employees have no expectation of privacy concerning any City-owned property, including their assigned workspaces. City- subject to access and inspection, without notice, as required by e or personal effects (such as electronic devices, mail, briefcases, bags, personal vehicles, e part of a disciplinary investigation, the search must be establi as determined by the City. Should reasonable cause be establish conducted in the presence of a Union Shop Steward, if available, to act as a witness. Section 6. Resignation and Retirement. Employees are expected provide a minimum of two (2) retirements. Section 7. Personnel Files. An employee, upon request to the City, may inspect his/her perso elect to be accompanied by a Union representative. An employee irrelevant or erroneous information in his or her personnel file the employee disagrees with the contents of a discipline documen a written rebuttal to be placed in the file. The Employer shall files confidential, subject to the requirements of state and fed provisions of this Agreement. ARTICLE 15 GRIEVANCE PROCEDURE Section 1. Informal Dispute/Complaint Resolution. Employees are encouraged to attempt to resolve disputes and comp discussions with immediate supervisors and Department Heads. An informal dispute or complaint shall have the option of being acc representative. If a dispute or complaint cannot be resolved informally, the mat settled according to the grievance procedure provided below. Section 2. Definition of Grievance. A grievance is a dispute between the City and the Union, on the acting on behalf of employees, over an alleged violation, misinterpreta express Article, section, term, or provision of this Agreement. Section 3. Election of Remedies. The City and the Union expect the procedures contained in this A the sole remedy for grievances. The City and the Union also rec legal rights independent of this Agreement. If the Union seeks the procedure established by this Agreement, that election shall external remedies to the extent allowed by state and federal law seeks redress from any external body, whether administrative or employee shall have elected the external remedy to the exclusion Agreement. Section 4. Time Limits. To timely initiate the grievance process, a party must file a fo fourteen (14) calendar days beginning on the date the party knew, or reasonabl known, of the events giving rise to the grievance. The day afte be the first day of the timeline. In the event a time limit und holiday, the deadline will be automatically extended to the foll Submissions will be considered timely under this Article if they are receive an applicable time limit. Time limits within the grievance proc extended by the mutual agreement of the parties. If the Union, employees, fails to act or respond within the specified time lim considered waived. If the City fails to respond within the spec shall proceed to the next step of the grievance procedure. Section 5. Contents of Grievance. A grievance must satisfy the following conditions: 1.Be submitted in writing; 2.Describe the facts giving rise to the grievance with sufficient other party to understand the nature of the grievance; 3.Identify the provision(s) of the Agreement allegedly violated; 4.Identify the aggrieved employee(s), if any; 5.Identify the remedy sought; and 6.Be signed and dated by a Union representative. Section 6. Grievance Procedure. 1.Step 1 The grievance procedure shall be initiated by the Union persona grievance upon the immediate supervisor. If no immediate supervisor is applicable to the grievance, then the grievance shall be served on the Human R The grievance must be served within fourteen (14) calendar days beginning on the date the party knew, or reasonably should have known, of the events g grievance. The immediate supervisor (or, if applicable, the Hu shall respond in writing within fourteen (14) calendar days. 2.Step 2 If the grievance is not resolved at Step 1, then within fourtee days of the written response in Step 1, a written appeal, signed by the Uni be personally served upon the Mayor or City Administrator. The Mayor or City Administrator shall thereafter schedule a meeting with the Union employee(s) within fourteen (14) calendar days from receipt of t If the grievance cannot be resolved during the meeting, the Mayor o shall respond in writing within seven (7) calendar days of the m Court Personnel Governed by GR 29(f): For purposes of Step 2 of the grievance procedure, any grievance concerning non-wage related working con personnel shall also be submitted to the Presiding Judge, in addition to the May City Administrator. 3.Step 3, Arbitration If the grievance is not resolved at Step 2, the parties may pro to final and binding arbitration. Prior to arbitration, the par first proceed with mediation, in which case the timelines for ar extended to accommodate the mediation process. a.Notice Within fourteen (14) calendars days following receipt of the written response in Step 2, the Union shall notify the City, in to proceed with arbitration. b.Arbitrator Selection After the Union has provided timely notice of its intent to proceed with arbitration, the parties shall select an impartial thirty (30) calendar days. If the parties cannot mutually agree arbitrator who is able and willing to serve on a timely basis, t request a list of nine (9) impartial arbitrators able to abide b The list will be provided by the Public Employment Relations Com or the Federal Mediation and Conciliation Service (FMCS). Once provided, the parties shall flip a coin to determine who will st following with subsequent strikes alternating between the partie name remains. The remaining name will serve as the arbitrator. c.Decision, Time Limit The arbitrator will meet and hear the matter at the earliest possible date after the selection process. The parties may submit post-hearing briefs. After completion of the hearing, a written decision shall be entered within thirty (30) calendar days, or as soon as possible an extension of time is agreed upon by the parties. d.Jurisdiction of Arbitrator The grievance submitted to the arbitrator shall be the original written grievance unless the City and the Union agree o one (1) grievance may be submitted to the arbitrator at one (1) the City and the Union agree to consolidate. The arbitrator sha power to interpret and apply the specific terms of the Agreement determine whether there was a violation of the terms of the Agre arbitrator shall also have the authority to receive evidence, qu and dictate the orderly procedure of the hearing. For grievance interpretation of this Agreement or for grievances challenging d party with the burden of persuasion shall be required to prove i preponderance of the evidence (provided, however, that neither p be asked to arbitrate or prove a criminal charge). The arbitrator shall not have the authority to add to, subtract from, alter, change, or modify this Agreement, nor limit or impair any common law right of the Union. e.Final Binding Award Th upon the parties. In any arbitration alleging a violation of ri limited to back pay and related benefits to make the employee wh not include other forms of compensatory damages or punitive dama f.Costs, Fees, and Expenses Each party is responsible for its own costs, fees, and expenses incurred in handling the grievance and presenting its c agree to equally share in the costs and expenses charged by the ARTICLE 16 VEHICLES/MILEAGE Any City-owned vehicle provided for work purposes shall be kept working condition. If a City-owned vehicle is available, employ their own personal vehicles. In the event an employee is asked personal vehicle for City business, reimbursement will be at the mileage rate. Employees requesting mileage reimbursement are ex requests for reimbursement within sixty (60) days of each work t for travel time as required by the FLSA. and the employee is determined to be not at-fault, the City shal paid leave for the employee to seek repairs. The City will not section, the employee will be required to submit a police report ARTICLE 17 SUBCONTRACTING/SKIMMING The City agrees it will not normally subcontract or skim bargain may temporarily subcontract or skim work when necessitated by an temporary increase in workload, or to temporarily replace an emp recently separated from service. Such subcontracting or skimmin calendar days. If the City believes it needs to subcontract or made, after which the Union may request bargaining to explore al bargain the impacts of any decision. Bargaining unit work performed by Department Heads as a part of assistance to employees covered by this Agreement shall not be c skimming. ARTICLE 18 PERFORMANCE OF DUTIES / NO RIGHT TO STRIKE The parties recognize the City provides important public service such services on an uninterrupted basis. The Union shall not au or slowdown, and the City shall not engaged in a lockout during The Union shall take all reasonable means within its power to in strike, work stoppage, or slowdown, in violation of this Agreeme attempt shall be made to settle all disputes or controversies ar under the grievance and arbitration procedures provided herein. ARTICLE 19 SCOPE AND DURATION OF AGREEMENT Section 1. Term of Agreement. This Agreement is effective November 22, 2016 and continues thro If either party desires to negotiate a successor agreement, they s other party and the parties shall, within a reasonable time fram negotiations. In the event negotiations for a successor agreeme the termination date of this Agreement, then the ­··Ò­ ¨Òš shall be maintained to the extent required by Washington law. Section 2. Severability. If any provision of this Agreement shall be held invalid by oper competent jurisdiction, or if compliance or enforcement of any p by such tribunal pending a final determination as to its validit shall not be held invalid and will remain in full force and effe APPENDIX AWAGE TABLE and CLASSIFICATIONS 2016 Wages: Employee Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Permit Karen Coordinator/Office Bennett Assistant Judy Butler Court Clerk Office Michelle Assistant/Accounting Christin Clerk Pat Clark P.D. Records Clerk Computer Support Jason Hardy Specialist Gretchen Utility Clerk Isaksson Donna Admin. Assistant McCann Tami Associate Planner Merriman $5,406 $5,573 $5,745 $5,922 $6,105 $6,293 $6,487 John Building Inspector Rowland $4,503 $4,642 $4,785 $4,932 $5,084 $5,241 $5,403 Building Official $5,143 $5,302 $5,465 $5,633 $5,807 $5,986 $6,171 Deputy Clerk Employees shall not receive a wage increase in 2016. Effective in December of 2016, the following employees shall rec equal to $1,300: Karen Bennett, Judy Butler, Michelle Christin, (3/4 time), Donna McCann, Tami Merriman, and John Rowland. Effective in December of 2016, Gretchen Isaksson shall receive a to $1,875. Lori Mossman shall receive a signing bonus payment equal shall receive a signing bonus payment equal to $814. 2017 Wages: Effective January 1, 2017, employees shall receive a market adju market adjustment is applied, employees shall receive a wage inc Employee Classification Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Permit Karen Coordinator/Office Bennett Assistant Judy Butler Court Clerk Office Michelle Assistant/Accounting Christin Clerk Pat Clark P.D. Records Clerk Computer Support Jason Hardy Specialist (Full Time) Gretchen Utility Clerk Isaksson Donna Admin. Assistant McCann Tami Associate Planner Merriman John Building Inspector Rowland Building Official Senior Accounting Clerk Deputy Clerk 2018 Wages: Effective January 1, 2018, employees shall receive a 2.75% wage Employee Classification Step 1 Step 2 Step 3 Step Step 5 Step 6 Step 7 4 Permit Karen Coordinator/Office Bennett Assistant Judy Butler Court Clerk Office Michelle Assistant/Accounting Christin Clerk Pat Clark P.D. Records Clerk Computer Support Jason Hardy Specialist Gretchen Utility Clerk Isaksson Donna Admin. Assistant McCann Tami Associate Planner Merriman John Building Inspector Rowland Building Official Senior Accounting Clerk Deputy Clerk Signed this ____ day of November, 2016. Signed this _____ day of November, 2016. SIGNED FOR THE CITY OF YELM SIGNED FOR WSCCCE, Council 2, AFSCME _________________________________ ________________________________ Bill Keenan, WSCCCE, Council 2, AFSCME Mayor J.W. Foster SIGNED FOR THE CITY OF YELM SIGNED ON BEHALF OF EMPLOYEES MUNICIPAL COURT WITH RESPECT TO NON-WAGE RELATED WORKING CONDITIONS UNDER GR 29(F) ________________________________ _________________________________ The Honorable Thomas L. Meyer Employee Representative City of Yelm STAFF REPORT To:Yelm City Council From: Mayor JW Foster Date: 11-17-16 For Council meeting of 11-22-16 Subj: Joint Defense Agreement w;-š’’;“7·zš“ Authorize Mayor Foster to sign the Joint Defense Agreement for t against the potential lawsuit for recovery of medical costs incu .-‰m©šÒ“7 At time of arrest, a Yelm officer makes a determination of what against the subject. If deemed to be at the felony level, the pr Thurston County Jail for prosecution. Historically, once the pri County, any expenses incurred for the treatment of medical issue have been paid for by Thurston County. We are being told now tha t believe that to be our responsibility. This agreement provides us with a cost-ef collectively argue that point. Page 1 of 1 Total Population: 132,435 City of Yelm STAFF REPORT To: Mayor JW Foster Yelm City Council From: Grant Beck, Community Development Director Date: November 17 (for November 22 City Council Meeting) Subj: Contract for Services - Yelm Community Services w;-š’’;“7·zš“ Authorize Mayor Foster to sign a service provider agreement with provide assistance to the poor and infirm. .-‰m©šÒ“7 The City of Yelm has provided funding support to Yelm Community mid-1990s (when the organization was known as United Citizens Be assist in their mission of providing assistance to the poor and This contribution was never memorialized in an written agreement Services did not invoice the City for the contribution. In 2015 City staff including the loss of the City Administrator and a ne contribution was discontinued, although not through a deliberate Yelm Community Services provides many needed services to those c surrounding community in need. YCS operates a food bank, shelte educational programs. The City of Yelm and Yelm Community Servi excellent working relationship for many years, with the City act Community Services for several CBDG grants. In addition, Yelm C for the City the Neighborhood Stabilization Grant by Housing and three single family homes are available in Yelm for low to moder Historically, the City has contributed $200 per month to Yelm Co been authorized, but not spent, by the adopted 2016 budget. May increase the contribution to $250 starting in 2017 and will be i proposed 2017 budget. Page 1 of 2 /Ò©©;“· {z·Ò·zš“ If the Council wishes to continue to provide support to Yelm Com provided historically and to increase the support to $250 per mo authorize Mayor Foster to sign the proposed agreement. Page 2 of 2 CITY OF YELM FUNDING AGREEMENT WITH YELM COMMUNITY SERVICES THIS Funding Agreement("Agreement") is dated effective this ______ day of _______, 2016. The parties ("Parties") to this Agreement are the City of Yel Washington Municipal Corporation ("Yelm"), and Yelm Community Se Washington Non-Profit Organization ("YCS"). B ACKGROUND A. The Washington State Constitution, Article VIII, Section 7 provi "No county, city, town or other municipal corporation shall here money, or property, or loan its money, or credit to or aid of any individual, association, company or corporation, except for the necessary supeople who are low to moderate income, or become directly or indirectly any stock in or bonds of any association, company or corporation." B. The mission of YCS is: MISSION STATEMENT C. A principal purpose of YCS is to serve people who are low to mod. D. Providing funding for the necessary support of people who are low to moderate income meets the intent of serving the poor and infirm as noted in Article VIII, Section 7 of the Washington State Constitution, and is a legitimate public purpose for which government funds can legitimately be expended. E. The City has provided monthly funding to YCS to further the purpose and work to serve people who are low to moderate income. F. The Parties have agreed to execute this Agreement to document th funding amount and to document the purpose for which the funding A GREEMENT NOW, THEREFORE, the Parties agree as follows: 1. The City agrees to provide monthly funding to YCS in order to further YCS's work for the necessary support to people who are low to moderate inco without discrimination, and so long as YCS is in compliance with the terms of this Agreement. 2. Services. YCS shall provide services for the necessary support of people who are low to moderate income, as provided in YCS's mission statement (the "Services "). 3. Reporting Requirement: YCS shall submit to the City an annual report outlining the services provided (in accordance with Section 2), their freq numbers of clients benefitted. This report shall be due the last day of January for the previous year. 4. Term. The term of this Agreement shall commence upon the execution of this Agreement by the Parties and shall continue until terminated by written notice to YCS 30 days before the date of termination. 5. Automatic Termination. This Agreement shall automatically terminYCS fails to maintain its 501(c)(3) status or fails to fulfill its purpose support people who are low to moderate income or fails to comply with Section 2 related to the provision of services. 6. Funding. Beginning with the month of January 2016, the City shall pay YCS Two Hundred Dollars ($200.00) per month. Payment shall be made by check and mailed to YCS by the last day November. Beginning with the month of January 2017, the City shall pay YCS and Fifty Dollars ($250.00) per month. Payment shall be made by check and mailed to YCS by the last day of each month. 7. Compliance with Laws. YCS shall comply with and perform the Services in accordance with all applicable federal, state, and City laws incwithout limitation, all City codes, ordinances, resolutions, standards a existing or hereafter adopted or amended. 8. Indemnification. YCS agrees to indemnify and hold the City, its elected officials, officers, employees, agents and volunteers harmless from any and demands, losses, actions, and liabilities (including costs and a or by any and all persons or entities, including, without limita respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the neglig or omissions of YCS, its partners, shareholders, agents employees, or by YCS's breach of this Agreement. 9.Equal Opportunily Employer. In all YCS's services, programs or activities, and all YCS hiring and employment made possible by or resulting from this Ag there shall be no discrimination by YCS or by YCS employees, agents, subcontractors or representatives against any person because of (except minimum age and retirement provisions), race, color, cre origin, marital status or the presence of any disability, includ or physical handicaps, unless based upon a bona fide occupationa qualification in relationship to hiring and employment. This requirement shall be limited to the following: employment, advertising, layoff or of pay or other forms of compensation, and selection for trainin apprenticeship. YCS shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans with Di Section 504 of the Rehabilitation Act of 1973 or any other appli state or local law or regulation regarding non- discrimination. Any material violation of this provision shall be grounds for termination of the City and, in the case of YCS's breach, may result in ineligibility for further City agreements. 10. General Provisions. a. This Agreement, together with attachments or addenda, represents entire and integrated Agreement between the Parties hereto and supersedes all prior negotiations, representations or agreements written or oral. This Agreement shall be binding upon and insure to the benefit of the Parties' successors in interest, heirs and assign Agreement may be amended, modified or added to only by written instrument properly signed by both parties. b. YCS shall not assign, transfer, subcontract or encumber any rights, or interests accruing from this Agreement without the express pr written consent of the City, which consent may be withheld at th discretion of the City. c. Any action for claims arising out of or relating to this Agreement shall be governed by the laws of the state of Washington. Venue shall be Thurston County Superior Court. d. In any suit or action instituted to enforce any right granted in Agreement, the substantially prevailing party shall be entitled cover its costs, disbursements, and reasonable attorney's fees from th party. e. Any notices required to be given by the City to YCS or by YCS to the City shall be in writing and delivered to the parties at the followin archand-Cecil City Administrator Cindy M Yelm Community Services City of Yelm, Washington P.O. Box 5320 105 Yelm Avenue West Yelm, WA 98597 Yelm, WA 98597 f. A waiver or failure to enforce any provision of this Agreement, thereof, shall not be construed as a continuing waiver of such provision or breach, nor shall the same constitute a waiver of any other p or any subsequent breach of the same or any other provision. g. The article and paragraph headings contained in this Agreement h been included solely for reference purposes and shall not affect used in connection with, the construction or interpretation of t Agreement. Each separate paragraph shall be treated as severable end that if one or more of such paragraphs shall be judged or declared illegal, invalid, or unenforceable, this Agreement shall be inte shall remain in full force and effect, as if such paragraphs had contained in this Agreement. h. This Agreement is intended to solely benefit the parties and shall not be construed or interpreted to create any rights or benefits to any parties. IN WITNESS WHEREOF the parties hereto have caused this Agreement the day and year first herein above written. ______________________________ ______________________________ JW Foster, Cynthia "Cindy" Marchand-Cecil, Mayor Executive Director City of Yelm Yelm Community Services ATTEST: ______________________________ Lori Mossman, City Clerk APPROVED AS TO FORM: ______________________________ Brent Dille, City Attorney News Release FOR IMMEDIATE RELEASE: Tuesday, November 15, 2016 CONTACT: Mary Hall, Thurston County Auditor TCAuditor@co.thurston.wa.us, (360) 786-5224 th Thurston Auditor awarded 10 Annual Award for Financial Reporting Achievement th OLYMPIA, WA The U.S. Government Finance Officers Association awarded Thurs annual Certificate of Achievement for Excellence in Financial Re report (CAFR). The certificate is the highest form of governmen this award represents a significant accomplishment by our county It reflects a high level of financial management. I am proud of our Financ controls and long- Judged by an impartial panel, the CAFR must meet high standards, CAFR. See the Thurston County CAFR and http://www.co.thurston.wa.us/auditor/Finance/finance.htm. - 30 - Elections Ballot Processing Center Financial Services Licensing and Recording th 2000 Lakeridge Dr SW, Bldg 1, Rm 118 2905 29 Avenue SW, Ste E & F 929 Lakeridge Dr SW, Rm 226 2000 Lakeridge Dr SW, Bldg 1, Rm 106 Olympia WA, 98502 Tumwater, WA 98512 Olympia, WA 98502 Olympia, WA 98502 Phone: (360) 786-5408 Phone: (360) 786-5408 Phone: (360) 786-5402 Licensing Phone: (360) 786-5406 Fax: (360) 786-5223 Fax: (360) 705-3518 Fax: (360) 357-2481 Recording Phone: (360) 786-5405 Fax: (360) 786-5223