HomeMy WebLinkAbout04-04-22 Council Meeting
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CALL TO ORDER
Mayor Barb Tolbert
PLEDGE OF ALLEGIANCE
ROLL CALL
Mayor Barb Tolbert – Wendy
APPROVAL OF THE AGENDA
Mayor Pro Tem Jan Schuette
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
PROCLAMATIONS
Arbor Day ATTACHMENT A
National Volunteer Week ATTACHMENT B
Mayor Barb Tolbert
PUBLIC COMMENT
For members of the public who wish to speak to the Council about any matter not on the Public Hearing
portion of the meeting. Please limit remarks to three minutes.
CONSENT AGENDA
Mayor Pro Tem Jan Schuette
1. Minutes of the March 21, 2022 Audit Exit Conference ATTACHMENT C
and March 21 and March 28, 2022 Council meeting minutes
2. Accounts Payable:
Approval of EFT Payments and Claims Checks: #105093 through #105183
dated March 22, 2022 through April 4, 2022 for $616,341.87.
PUBLIC HEARING
NEW BUSINESS
1. Resolution Adopting the 2022 Comprehensive Plan Final Docket ATTACHMENT D
Staff Presentation: Amy Rusko
Council Liaison: Mayor Pro Tem Jan Schuette
2. 2022 Airport Runway 16/34 Mill and Overlay Project ATTACHMENT E
Staff Presentation: Marty Wray
Council Liaison: Michele Blythe
Arlington City Council Meeting
Monday, April 4, 2022 at 7:00 pm
City Council Chambers – 110 E 3rd Street
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the
ADA coordinator at (360) 403-3441 or 711 (TDD only) prior to the meeting date if special accommodations are required.
3. Police Department Reorganization and Non-Represented 2022 Pay Plan ATTACHMENT F
Staff Presentation: Jonathan Ventura / James Trefry
Council Liaison: Mayor Pro Tem Jan Schuette
4. Approval of the 2022-2024 Collective Bargaining Agreement between the ATTACHMENT G
City of Arlington and the Arlington Police Officers’ Association
Staff Presentation: James Trefry
Council Liaison: Mayor Pro Tem Jan Schuette
5. Approval of the 2022-2024 Collective Bargaining Agreement between the ATTACHMENT H
City of Arlington and AFSCME Local 2849
Staff Presentation: James Trefry
Council Liaison: Mayor Pro Tem Jan Schuette
COMMENTS FROM COUNCILMEMBERS
INFORMATION/ADMINISTRATOR & STAFF REPORTS
MAYOR’S REPORT
EXECUTIVE SESSION
RECONVENE
ADJOURNMENT
Mayor Pro Tem Jan Schuette / Mayor Barb Tolbert
PROCLAMATION
WHEREAS in 1872, the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees, and
WHEREAS this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and
WHEREAS Arbor Day is now observed throughout the nation and the world, and
WHEREAS trees can be a solution to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for wildlife, and
WHEREAS trees are a renewable resource giving us paper, wood for our homes, fuel for our fires, and countless other wood products, and
WHEREAS trees in our city increase property values, enhance the economic vitality of business areas, and beautify our community, and
WHEREAS trees — wherever they are planted — are a source of joy and spiritual renewal.
NOW, THEREFORE, Barbara Tolbert, Mayor of Arlington, does hereby proclaim April 13, 2022 as Arbor Day in the City of Arlington, and urges all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and
FURTHER, all citizens are urged to plant trees to gladden the heart and promote the well-being of this and future generations. ________________________________ __________________________ Barbara Tolbert, Mayor Dated
PROCLAMATION
WHEREAS, millions of American volunteers give their time to help others, contributing over 30 million volunteer hours per year worth over $635 million; and WHEREAS, National Volunteer Week was established in 1974, and has grown exponentially each year, with thousands of volunteer projects and special events scheduled throughout the week WHEREAS, Empathy in Action, the theme for National Volunteer Week, captures the power of changemakers to come together to build stronger, more vibrant communities through service. WHEREAS, volunteers in Arlington mentor our children, feed our hungry, comfort our lonely, beautify our green spaces, and fundraise for our charitable organizations; and WHEREAS, Arlington's volunteers are young, old, families, workers, retirees, men and women of all ages and backgrounds; and WHEREAS, the collective result of the work done by our city's volunteers is that Arlington is a more desirable place to live; and WHEREAS, organizations in Arlington that rely on volunteers include the City and such fundamental organizations as Arlington Public Schools, Cascade Valley Hospital, Stilly Valley Center, and the Arlington Boys & Girls Club; and WHEREAS, volunteers play a critical role in determining the direction of the city now and in future years. NOW, THEREFORE, I, Barbara Tolbert, Mayor of Arlington, do hereby proclaim April 17 to April 23, 2022 as National Volunteer Week in the City of Arlington, and urge citizens to recognize the crucial role played by volunteers in our community. ___________________________________ __________________________ Barbara Tolbert, Mayor Dated
DRAFT
Page 1 of 2
Monday, March 21, 2022
Staff Present: Mayor Barb Tolbert, City Administrator Paul Ellis, Finance Director Kristin Garcia, Assistant Finance Director Sheri Amundson, City Clerk / Executive Assistant Wendy Van Der Meersche, and Deputy City Clerk Julie Petersen.
Also Known to be Present: Councilmember Don Vanney, Assistant Audit Manager Courtney Amonsen, Program Manager Kristina Baylor, and Audit Lead Dalton Nield. Finance Director Kristin Garcia began the special meeting 11:32 a.m., and introduced staff.
DISCUSSION Program Manager Kristina Baylor introduced herself and her team from the state auditor’s office. Ms. Baylor stated that three separate audits were conducted for the City of Arlington, all for the time period of January 1, 2020 to December 31, 2020.
• Federal Grant Compliance Audit
• Accountability Audit
• Financial Audit
Ms. Baylor, Mr. Nield, and Ms. Amonsen provided the results of those audits. Kristina Baylor provided closing remarks, and stated that the 2020 report will be published on the state auditor’s website by March 31, 2021, and the 2021 audit will begin summer of 2022. Dalton Nield thanked City staff for attending the exit conference, and opened for questions. Staff had no questions.
ADJOURNMENT The exit conference ended at 12:05 p.m. _________________________________________ Barbara Tolbert, Mayor
Minutes of the Arlington
2020 Audit Exit Zoom Conference
Minutes of the City of Arlington City Council Meeting March 21, 2022
Page 2 of 2
ADJOURNMENT With no further business to be conducted, the special meeting was adjourned at ___________ a.m.
DRAFT
Page 1 of 2
Monday, March 21, 2022
Councilmembers Present: Michele Blythe, Jan Schuette, Debora Nelson, Marilyn Oertle, Heather Logan, Don Vanney and Mike Hopson.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Sarah Lopez, Kristin Garcia, Jay Downing, City Attorney Steve Peiffle, Tony Orr, and Wendy Van Der Meersche.
Also Known to be Present: Four YouTube viewers. Mayor Barb Tolbert called the meeting to order at 7:00 p.m., and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
PROCLAMATIONS None.
PUBLIC COMMENT None.
CONSENT AGENDA Mayor Pro Tem Jan Schuette moved and Councilmember Marilyn Oertle seconded the motion to approve the Consent Agenda that was unanimously carried: 1. Minutes of the March and March 14, 2022 Council meeting minutes 2. Accounts Payable: Approval of EFT Payments and Claims Checks: #104958 through #105902 dated March 8th, 2022 through March 21, 2022 for $1,323,131.60; and approval of Payroll EFT Payments and Checks: #30158 through #30166, dated February 1, 2022 through February 28, 2022 in the amount of $1,130,993.53. 3. Ordinance Amending Chapter 2.36 of the Arlington Municipal Code 4. Appointments to Cemetery Board
City Council Zoom Meeting
Minutes of the City of Arlington City Council Meeting March 21, 2022
Page 2 of 2
PUBLIC HEARING None.
NEW BUSINESS
Contract with Zen City Community Engagement Director Sarah Lopez requested Council approve a contract with Zencity. Zencity is a community engagement tool for local governments. This program will gather and analyze residents’ input, delivering real time actionable insights that can help the City prioritize resources, track performance, and connect with more of the community. Mayor Pro Tem Jan Schuette moved and Councilmember Marilyn Oertle seconded the motion to approve the 2022 contract with Zencity for $18,000, and authorized the Mayor to sign it. The motion passed unanimously.
Request for Unscheduled Equipment Purchase M&O Manager Jay Downing requested Council approve a request for an unscheduled equipment purchase. Funds originally scheduled to replace the City’s road grader would be utilized to purchase a skid steer loader, attachments, and trailer. Mayor Pro Tem Jan Schuette moved and Councilmember Don Vanney seconded the motion to approve the purchase of the Caterpillar 279D3 skid steer, proposed attachments, and trailer, for $187,451.74, using funds originally allocated to replace the Caterpillar road grader, and reschedule its replacement to 2035. The motion passed unanimously.
COMMENTS FROM COUNCILMEMBERS Councilmember Blythe spoke about previous Council conversations regarding traffic issues. She stated that the City is doing so much to improve on the situation, with assistance of the police department, and wonders if neighborhoods could volunteer to help monitor. She’s hoping this can be discussed at the upcoming retreat. Councilmember Logan provided an update from Snohomish Health District’s Board of Health regarding Snohomish County COVID cases, which are down considerably since January 2022.
ADMINISTRATOR & STAFF REPORTS City Administrator Paul Ellis stated that the City is transferring management of Hadley Hall to the Boys and Girls Club.
MAYOR’S REPORT
EXECUTIVE SESSION
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 7:18 p.m. _________________________________________ Barbara Tolbert, Mayor
DRAFT
Page 1 of 3
Monday, March 28, 2022
Councilmembers Present: Mike Hopson, Marilyn Oertle, Debora Nelson, Don Vanney, Jan Schuette, Michele Blythe, and Heather Logan.
Council Members Absent: None.
Staff Present: Mayor Barb Tolbert, Paul Ellis, James Trefry, Tony Orr, Marc Hayes, Marty Wray, Lorene Robinson, Monroe Whitman, Chief Jonathan Ventura, City Attorney Steve Peiffle, and Julie Petersen.
Also Known to be Present: Fifteen YouTube viewers.
Mayor Barb Tolbert called the meeting to order at 7:00 pm, and the Pledge of Allegiance and roll call followed.
APPROVAL OF THE AGENDA Mayor Pro Tem Jan Schuette moved to approve the agenda as presented. Councilmember Marilyn Oertle seconded the motion, which passed with a unanimous vote.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS None.
WORKSHOP ITEMS – NO FINAL ACTION WAS TAKEN
Resolution Adopting the 2022 Comprehensive Plan Final Docket Planning Manager Amy Rusko reviewed the Resolution Adopting the 2022 Comprehensive Plan Final Docket. On March 1, 2022, the City’s planning commission reviewed the 2022 preliminary comprehensive and development regulation amendment docket. The original docket consisted of four items, initiated by the City, however during review, two items were removed from the docket list. On March 15, 2022, the City’s planning commission held a public hearing on the 2022 preliminary comprehensive and development regulations amendment docket and recommended all items on the preliminary docket be placed on the final docket. Discussion followed with Ms. Rusko answering Council questions.
2022 Airport Runway 16/34 Mill and Overlay Project Airport Operations Manager Marty Wray reviewed the 2022 Airport Runway 16/34 Mill and Overlay Project. The Runway 16/34 is the airport’s primary runway, and had a pavement condition index (PCI) rating of 77 in 2020. The runway was last overlaid in 1994, and per the WSDOT Pavement Maintenance Program an overlay is warranted. City Council approved the design of this project at their April 12, 2021 meeting in the amount not to exceed $289,511.00. Discussion followed with Mr. Wray answering Council questions.
Minutes of the Arlington
City Council Zoom Workshop
Minutes of the City of Arlington City Council Workshop March 28, 2022
Page 2 of 3
Amendment to Police Department Staffing Police Chief Jonathan Ventura and Administrative Services Director James Trefry reviewed the amendment to police department staffing. In 2021, Council authorized the re-establishment of the police department rank of lieutenant and funding for one lieutenant position for 2022. The City recently received notice of the pending retirement of the deputy police chief. In order to maintain a community police presence while meeting minimum statutory reporting obligations, police department management recommends the immediate promotion of two (2) lieutenants from existing staff, and the suspension of efforts to backfill of the deputy chief of police position until a future budget cycle. The police department also recently received notice of the pending retirement of the police services manager. It is proposed that the vacancy created be reclassified to the position of police services supervisor, given the assignment of some of the duties of the police services manager position to the new lieutenant position. It is proposed that the police services supervisor position be assigned to Pay Grade H on the non-represented pay plan. Discussion followed with Chief Ventura and Mr. Trefry answering Council questions.
2022 Legislative Update Regarding Police Reform Police Chief Jonathan Ventura reviewed the 2022 Legislative Update Regarding Police Reform. In 2021, our state legislature enacted the most restrictive policing laws in the nation. The 2022 legislature made some essential corrections, but additional work remains. Mayor Tolbert complimented Chief Ventura on his presentation and thanked him and his police staff for all their hard work.
Finance Monthly Report City Administrator Paul Ellis reviewed the February 2022 Finance Monthly Report. Discussion followed with Mr. Ellis answering Council questions.
ADMINISTRATOR AND STAFF REPORTS Mr. Ellis announced that the next council meeting, April 4, 2022, will be in person in council chambers.
MAYOR’S REPORT Mayor Tolbert announced that the City of Arlington put in two applications for the legislative community projects which are the buildout of the Smokey Point Park and the parking lot paving at three of the City’s parks. Congress will be reviewing the information in the fall.
COMMENTS FROM COUNCILMEMBERS None.
COUNCILMEMBER REPORTS Councilmembers had nothing to report this evening.
PUBLIC COMMENT None.
REVIEW OF CONSENT AGENDA ITEMS FOR NEXT MEETING Councilmembers discussed and agreed to put the three agenda items for the April 4, 2022 on New Business.
Minutes of the City of Arlington City Council Workshop March 28, 2022
Page 3 of 3
EXECUTIVE SESSION City Attorney Steve Peiffle announced the need for an Executive Session to review collective bargaining negotiations, grievances, or discussions regarding the interpretation or application of a labor agreement [RCW 42.30.140(4)]. Mr. Peiffle stated that the meeting would resume at 8:12 p.m. Mayor Tolbert recessed the workshop at 7:52. At that time, a Zoom Executive Session was initiated. At 8:16 p.m., Mayor Tolbert announced the session would be extended 15 additional minutes. The workshop reconvened at 8:32 p.m.
ADJOURNMENT With no further business to come before the Council, the meeting was adjourned at 8:33 p.m. _________________________________________ Barbara Tolbert, Mayor
City of Arlington Council Agenda Bill Item: NB #1 Attachment D
establishes a docketing process for comprehensive plan and zoning map changes, and Arlington Municipal Code §20.96.100 establishes a docketing process for amendments to development rprocesses are run concurrently through the docketing process. Procomprehensive plan or development regulations may be made by any private citizen or by the City itself. The City Council must approve any item being placed on the final docket. Once the docket becomes final, staff is authorized to proceed with processing the proposed amendments. Proposed amendments must receive final
however during review, two items were removed from the docket list. On March 15, 2022, the City’s planning
RESOLUTION NO. 2022-XXX
RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY OF ARLINGTON ADOPTING THE
2022 COMPREHENSIVE PLAN FINAL DOCKET
WHEREAS, the City’s Comprehensive Plan 2015 update was adopted January 25, 2018;
and
WHEREAS, RCW 36.70A.130 allows jurisdictions to make amendments to its
comprehensive plan once annually, and directs that the city shall compile and maintain a list,
known as a “docket”, of all city-initiated and privately-initiated proposed comprehensive plan
amendments; and
WHEREAS, AMC 20.96.100 allows the city to make amendments to its development
regulations, and directs that most development regulation amendments be processed
concurrently with comprehensive planning docket developed under AMC 20.96.030 (b); and
WHEREAS, there are two city-initiated proposals and no privately-initiated proposals for
the 2022 preliminary docket; and
WHEREAS, the preliminary docket was made available to the public for review and
comment at least fifteen days prior to consideration by the Planning Commission; and
WHEREAS, the Director of Community and Economic Development made a
recommendation to the Planning Commission as to which proposed amendments should be
included in the final docket; and
WHEREAS, the Planning Commission held a noticed hearing on March 15, 2022 on
selection of proposed amendments for the final docket; and
WHEREAS, the Planning Commission’s Findings of Fact and determination per AMC
20.96.050, are attached hereto as exhibit;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON,
WASHINGTON AS FOLLOWS:
1. The Arlington City Council hereby adopts the Planning Commission’s findings
and the docket recommendation made by the Planning Commission per the selection and
decision criteria outlined in AMC 20.96.060 as the 2022 Final Docket.
2. Except as provided in AMC 20.96.010(d), no additional comprehensive plan
amendments may be considered after council adoption of the 2022 docket.
RESOLUTION NO. 2022-XXX
ADOPTED by the City Council and APPROVED by the Mayor this 4th day of April, 2022.
CITY OF ARLINGTON
________________________
Barbara Tolbert, Mayor
ATTEST:
_______________________________
Wendy Van Der Meersche, City Clerk
APPROVED AS TO FORM:
_______________________________
Steven J. Peiffle
City Attorney
Findings of Fact
City of Arlington Planning Commission 2022
Comprehensive Plan Amendment Docket
Page 1 of 2
City of Arlington Community and Economic Development
Planning Commission
18204 59th Avenue NE, #B Arlington, WA 98223
Regarding:
Proposed 2022 Comprehensive Plan Amendment Docket
Summary:
The Planning Commission discussed the 2022 proposed Comprehensive Plan Amendment
Docket at its March 1, 2022, workshop, and subsequently held an on-line open record
Public Hearing to consider this item on March 15, 2022. The Planning Commission
transmits the following findings and recommendation to the City Council:
Findings:
1. State law (RCW 36.70A.130) allows Cities to amend their Comprehensive Plans once
annually. In 2016, the Council updated and clarified the docketing process for
submission and review of all proposed amendments as part of an effort to ensure
that these proposed changes were considered together.
2. AMC 20.96.020 provides clarifying detail for initiating amendments to the
Comprehensive Plan by either the City or by private parties.
3. In either case, the process for inclusion of the proposed Comprehensive Plan
amendments on the Docket are further regulated by AMC 20.96.22 (a) and (b). The
only exception to this section is for emergency amendments, none of which were
proposed for the 2022 docket.
4. There are two items on the 2022 Preliminary Comprehensive Plan Docket; both are
City initiated.
5. In the first item, the City is recommending the rezone of a 0.56-acre lot from
Public/Semi-Public zoning to Residential Moderate Capacity. The parcel is currently
owned by the City of Arlington and encompasses the eastern parcel of J. Rudy York
Park. Council has approved the sale of this parcel for private development, the
proceeds of which will go to the Parks and Recreation capital fund. The future
zoning of the property is required to make the parcel marketable for development.
Approval by the City Council is required for all rezone applications. If the request is
granted, the City’s Comprehensive Plan Land Use Map and the City’s Official Zoning
Map will need to be amended. The rezone of this parcel has a lengthy history with
Council, having been heard multiple times.
6. The second item is regarding updates to Title 20 of the Arlington Municipal Code.
Over the past two years council has approved multiple changes to the Land Use
Code, including changes to the zoning map, creation of new zoning designations, the
addition of new housing types and the creation of overlay design standards. The
proposed code amendments are reflective of these and other changes to both the
Authentisign ID: 75A79C69-40A6-EC11-A22A-281878DCFF5B
Findings of Fact
City of Arlington Planning Commission 2022
Comprehensive Plan Amendment Docket
Page 2 of 2
City of Arlington Community and Economic Development
Planning Commission
18204 59th Avenue NE, #B Arlington, WA 98223
Comprehensive Plan and the Land Use Code. Most of the changes are minor
technical adjustments made to insure consistency with both the Comprehensive
Plan and for internal code consistency. The recommended changes also address
revisions to sections that have not been revised or updated for multiple years.
Conclusion and Recommendation:
Based on the foregoing findings and testimony received at the hearing, the Planning
Commission herby recommends, on a vote of four affirmative and one abstention, that the
City Council approve the proposed 2022 Comprehensive Plan Amendment Docket.
Respectfully submitted through the Department of Community and Economic Development
to the City Council this Sixteenth day of March 2022 by:
____________________________________________________
Tim Dean
City of Arlington Planning Commission Chair
Authentisign ID: 75A79C69-40A6-EC11-A22A-281878DCFF5B
2022 Comprehensive Plan Amendment Docket
Page 1 of 4
Community and Economic Development Planning Division 18204 59th Avenue NE, Arlington, WA 98223
2022 Comprehensive Plan
Amendment Docket Memo
To: City Council
From: Amy Rusko, Planning Manager
Date: March 23, 2022
Subject: 2022 Comprehensive Plan Amendment Docket
INTRODUCTION The City’s Comprehensive Plan was adopted on January 25, 2018. State law (see RCW 36.70A.130) allows for jurisdictions to make amendments to comprehensive plans once annually. The City has established a docketing process to identify and review all potential amendments to the City’s Comprehensive Plan for a given year to ensure all proposed amendments are considered together. As part of the docketing process, private citizens can submit applications to amend the City’s Comprehensive Plan. The deadline to apply for annual amendments is January 31st of each year. The City can also propose amendments to the comprehensive plan. Once the deadline passes, staff compiles a list of all proposed amendments on a preliminary docket. This docket is then reviewed by staff to determine if each amendment complies with the criteria listed in Chapter 20.96 of the City’s Land Use Code. Once approved by the Director, the public has an opportunity to comment on proposed amendments listed on the preliminary docket. Comments are compiled, if any, and are then presented to the Planning Commission for consideration at a public hearing. The Planning Commission then makes a recommendation to the City Council on whether or not the proposed amendments shall be on the Final 2022 Comprehensive Plan Amendment Docket. The City Council reviews and has the option to keep and/or remove any proposed amendments on the docket. The Council then adopts the final docket in which staff processes over the course of the year. The Preliminary 2022 Comprehensive Plan Amendment Docket was reviewed for compliance with AMC Chapter 20.96 and approved by the director for review by the public and consideration by the Planning Commission. The public hearing for the 2022 Docket was noticed and published on February 25, 2022. The Planning Commission reviewed the Docket at their March 1, 2022 workshop and held a Public Hearing on March 15, 2022. The Planning Commission voted to recommend approval of the 2022 Docket by City Council and provided Findings of Fact.
2022 Comprehensive Plan Amendment Docket
Page 2 of 4
BACKGROUND The City did not receive any privately-initiated comprehensive plan or development regulation amendments for the 2022 Docket. The City is proposing two amendments, one amendment to the Comprehensive Plan and Zoning Map and one amendment to the Development Regulations.
CITY INITIATED PROPOSALS 1. Amendment Type: Rezone
Applicant: City of Arlington
File Name: York Park Rezone
File №: PLN#913
Description: The City is rezoning a 0.56-acre lot from Public/Semi-Public zoning to Residential Moderate Capacity. The parcel is currently owned the City of Arlington and the eastern parcel of J. Rudy York Park. The city intends to sell this parcel and the future zoning of the property is required to change to make the parcel marketable for development. Approval by the City Council is required for all rezone applications. The proposed rezone supports and is alignment with the following goals and policies of the City’s Comprehensive Plan; PH-1.1, GH-2, PH-2.1, GL-1, PL-1.2, GL-7, PL-7.1, PL-7.2, GL-8, and PL-8.1. If the request is granted, the City’s Comprehensive Plan Land Use Map and the City’s Official Zoning Map would need to be amended per the attached parcel zoning map.
Rezone Map: Attachment A
2. Amendment Type: Development Regulations Amendment
Applicant: City of Arlington
File Name: Title 20 Development Regulation Code Amendments
File №: PLN#915
Description: The City has revisions to most chapters of Title 20 Land Use Code. The City changed the zoning map, created new zoning designations, and has added new residential housing types over the past 2 years. The code amendments reflect these changes and provide necessary revisions to chapters of the code that have not been updated for many years. Revisions occur in the following chapters: 20.04 – General Provisions, 20.08 - Basic Definitions & Interpretations, 20.12 – Administrative Mechanisms, 20.16 – Permits & Final Plat Approval, 20.20 – Appeals, Variances, Interpretations, 20.24 – Hearing Procedures, 20.32 – Nonconforming Situations, 20.36 – Zoning Districts, 20.38 – Airport Protection District, 20.40 – Permissible Uses, 20.44 – Supplemental Use Regulations, 20.46 – Design, 20.48 – Density & Dimensional Regulations, 20.52 – Recreational Facilities and Open Space, 20.56 – Streets and Sidewalks, 20.60 – Utilities, 20.64 – Floodplain Development Regulations, 20.68 - Signs, 20.72 – Parking, 20.76 – Screening and Trees, 20.80 – Forest Land Conversion, 20.90 Concurrency & Impact Fees, 20.93 Critical Area Ordinance, 20.94 – Annexations, 20.98 – SEPA, 20.110 Mixed Use Development Regulations. The proposed changes support and are in alignment with the following goals and policies of the City’s Comprehensive Plan; GO-2, GH-1, PH-1.1, PH-1.2, PH-8.3, GL-1, GL-4, GL-7, PL-14.1, PL-14.2, GL-19, PL-19.1, PL-19.2, PL-19.3, PL-19.4, T-1, PT-1.1, PT-1.3, PT-1.4. If the request is granted the City’s Title 20 Development Regulations shall be amended.
2022 Comprehensive Plan Amendment Docket
Page 3 of 4
ANALYSIS Arlington Municipal Code Chapter §20.96 (Amendments) outlines the process for amending the City’s Comprehensive Plan on an annual basis. Specifically, AMC §20.96.030 (Docketing Procedures-Comprehensive Plan and Zoning Map Amendments) and AMC §20.96.100 (Docketing Procedures- Amendments to Development Regulations) requires that: AMC §20.96.030 – Docketing Procedures – Comprehensive Plan and Zoning Map Amendments.
(a) The city shall compile and maintain a list, known as a "docket," of all city-initiated and
privately-initiated proposed comprehensive plan amendments. The list shall be
organized as to amendment type and include a description of the amendment in
nontechnical terms, as well as the name of the applicant and date of submission to the
city. The preliminary docket shall be made available to the public for review and
comment for at least fifteen days prior to consideration by the planning commission.
Written comments that are submitted by the end of the comment period shall be added
to the preliminary docket. The final docket will be determined as described in this
section.
(b) Preliminary Review—Determination of Final Docket.
(1) Staff Evaluation. The community development director shall conduct a brief initial
evaluation of all privately-initiated proposed comprehensive plan amendments to
ascertain whether the proposals meet the preliminary review criteria in this
section and to assess the extent of review that would be required under the State
Environmental Policy Act (SEPA). The director shall make a recommendation to
the planning commission as to which proposed amendments should be included in
the final docket, along with any city-initiated proposed amendments.
(2) Joint Workshop. During each annual amendment cycle, the city council and
planning commission may, at the city council's discretion, hold a noticed joint
workshop to serve as an informational meeting between the two governmental
bodies.
(3) Planning Commission Hearing. The planning commission shall hold a noticed
hearing on selection of proposed amendments for the final docket.
(4) City Council Decision. The city council shall consider the planning commission's
recommended final docket. Council may adopt the proposed final docket without a
public hearing; however, in the event that a majority of the council decides to add
or subtract amendments, it shall first hold a public hearing. No additional
comprehensive plan amendments may be considered after council adoption of the
docket for that year, except as provided in AMC §20.96.010(d). The final docket
shall be approved by resolution.
(5) Proposed amendments submitted under AMC §20.96.020(b) that meet one of the
following criteria may be included in the final docket:
(a) If the proposed amendment is site specific, the subject property is suitable for
development in general conformance with adjacent land use, the
surrounding development pattern, and with zoning standards under the
potential zoning classifications.
(b) State law requires, or a decision of a court, or administrative agency has
directed such a change.
(c) There exists an obvious technical error in the pertinent comprehensive plan
provision.
2022 Comprehensive Plan Amendment Docket
Page 4 of 4
AMC §20.96.100 – Docketing Procedures –Amendments to Development Regulations.
(1) All proposed text amendments to the development or zoning regulations shall be
developed, submitted and presented by the City staff, based on direction from the City
Council, Planning Commission, or the Director of Community & Economic Development
or designee.
(2) Private party requests. City staff shall submit proposals from private individuals or
groups as follows:
(a) Private parties shall submit a written summary of the amendment proposed to City
staff, and indication of why it is needed, and the potential land use impacts if
approved. No fees shall be assessed.
(b) Staff shall maintain a docket listing of private party requests and shall provide the
listing not less than once per year to the Planning Commission, which shall
determine which items shall be further reviewed by staff and submitted as a formal
proposal., which shall be deferred to future work programs, and which shall not be
considered. Decisions to defer or not consider private requests shall be considered
final unless appealed as provided herein.
(3) Most development regulation amendments shall be processed concurrently with the
comprehensive planning docket developed under AMC §20.96.030 (b). The Community
Development director may direct that development regulation amendments proceed
separately when deemed appropriate.
In accordance with AMC §20.96.030 and §20.96.100, staff has conducted a brief review of the items listed on the Preliminary Docket. Planning Commission held a workshop meeting to discuss the Preliminary Docket items on March 1, 2022. The Planning Commission held a public hearing at the regularly scheduled Planning Commission meeting on March 15, 2022 and made a recommendation to City Council through the provided Findings of Fact on all items that should be included on the Final Docket.
FINDINGS AND CONCLUSIONS Staff finds that the proposed amendments of the preliminary docket meet the criteria of AMC §20.96.030 and AMC §20.96.100. Once the Final Docket is determined by City Council, city staff will begin review of each amendment listed on the Final Docket. Upon review of each amendment on the Final Docket, a SEPA Checklist will be prepared and reviewed and a threshold determination of environmental impacts, if any, will be issued.
RECOMMENDATION Staff recommends that City Council approve the recommended Final Docket at their regularly scheduled meeting on April 4, 2022.
Maps and GIS data are distributed “AS-IS” without warranties of any kind, either express or implied, including but not limited
to warranties of suitability for a particular purpose or use. Map data are compiled from a variety of sources which may contain
errors and users who rely upon the information do so at their own risk. Users agree to indemnify, defend, and hold harmless
the City of Arlington for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of
the data, or the use of the data presented in the maps.
Proposed York Rezone
City of Arlington
Date:
File:
Cartographer:
Scale:ZoningLayouts/
YorkRezone8.5x11_22
1/10/2022 hmd
York Rezone to RMod
17
7
T
H
PL
N
E
183R
D
PL
N
E
31
ST
DR
N
E
182ND ST NE
181STST N
E
31ST
AV
E
NE
179TH ST NE
180TH ST NE
RHC = Residential High Capacity
RMod = Residential Moderate Capacity
RLC = Residential Low Capacity
P/SP = Public/Semi-Public
Legend Existing Zoning
Assessor Parcels
Rezone Area
1:1,670
±
ATTACHMENT A
W City of Arlington Council Agenda Bill Item: NB #2 Attachment E
Runway 16/34 Mill and Overlay Project. Lakeside Industries, Inc. came in as the lowest bidder for construction at $2,424,597.08. Staff contacted references for the contractor and the references were complimentary of their work. Staff is requesting that City Council authorize the Mayor to sign the contract with Lakeside Industries, Inc. in the amount not to exceed $2,424,597.08. Staff is also requesting that City Council authorize the Mayor to sign the Professional Services Agreement with Dowl Engineering in the amount not to exceed $201,051.00 (current contracted on-call engineer for the City of Arlington Airport) for project construction administration services. Staff is requesting the City Council authorize the Mayor and City Attorney to sign the WSDOT Airport Aid Grant offer and FAA Grant offer subject to grant award for the 2022 Airport Runway 16/34 Mill and Overlay Project. Although
W City of Arlington Council Agenda Bill Item: NB #2 Attachment E
exceed $2,424,597.08; b) to authorize the Mayor to sign the Professional Services Agreement with DOWL Engineering, Inc., in the amount not to exceed $201,051.00 for construction administration services; and
425-869-2670 ■ 800-865-9847 (fax)8420 154th Avenue NE, Suite 120 ■ Redmond, Washington 98052 ■ www.dowl.com
Alaska ■ Arizona ■ Colorado ■ Montana ■ North Dakota ■ Oregon ■ Washington ■ Wyoming
March 14, 2022
Dave Ryan
Airport Director
Arlington Municipal Airport
18204 59th Ave NE, Ste A
Arlington, WA 98223
RE: Arlington Municipal Airport (AWO)
Runway 16-34 Mill & Overlay Project
AIP No. 3-53-0002-032-2022, City Project No. P02/491/19.2009
Recommendation for Award
Dear Dave:
On March 11, 2022, sealed bids were received and opened for the Runwa16-34 Mill & Overlay
Project at Arlington Municipal Airport (AWO). The bid amounts included 9.2% percent sales tax.
Two bids were submitted, with the results of the bid and the Engineer’s Estimate as follows:
Engineer’s Estimate Lakeside Industries, Inc. Granite Construction
Bid Total $ 2,557,398 $ 2,424,597.08 $ 3,446,573.13
No discrepancies were discovered with either bid.
Per the Contract Documents, the basis of award is the Base Bid Schedule. Based on the bid
totals, Lakeside Industries, Inc. bid of $2,424,597.08 is the low bid for this project.
We have verified the qualifications of the low bidder, the active status of the contractor’s license
from the Department of Labor and Industries, the current status of their licensure with the WA
Department of Revenue (City of Arlington license to be acquired), and that Lakeside Industries,
Inc. is not listed on the List of Parties Excluded from Federal Procurement or Non-Procurement
Programs. All the required forms were submitted with the bid proposal.
This project includes a published race-conscious DBE goal of 9.3% DBE participation. Lakeside
Industries has committed to a total of $206,958 to be expended on DBE firms, which equates to
9.32% DBE participation. We will track actual DBE expenditures throughout construction in
accordance with General Provision subsection 90-11 titled CONTRACTOR FINAL PROJECT
DOCUMENTATION.
Based on the outcome of the bids, we recommend that the City of Arlington – Arlington Municipal
Airport award a construction contract to Lakeside Industries, Inc. in the amount of $2,424,597.08.
We recommend issuing construction Notice to Proceed upon receipt of FAA funds with an
expected start date in June.
Dave Ryan
Arlington Municipal Airport
March 11, 2022
Page 2
Please call me at (425) 406-7135 if you have any questions.
Sincerely,
DOWL
Wes Holden, Project Manager
Attachments: Bid Tabulation, Contractor Review Documentation
Arlington Municipal Airport (AWO) Contract
Runway 16/34 Mill and Overlay Project
CONSTRUCTION CONTRACT
THIS CONTRACT, dated this 4th day of April, 2022, is by and between the City of Arlington, a
municipal corporation of the State of Washington, hereinafter referred to as the CITY, and Lakeside
Industries, Inc. referred to as the CONTRACTOR.
WHEREAS, the City desires Lakeside Industries, Inc., and WHEREAS, the Contractor is
qualified, willing and able to perform the necessary work.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, to
be kept, performed and fulfilled by the respective parties thereto, and other valuable considerations, it is
mutually agreed as follows:
1.0
SERVICE BY CONTRACTOR
Contractor agrees to perform the services described in the following project specification
RUNWAY 16/34 MILL AND OVERLAY PROJECT. These documents are on file with the Project
Manager, a copy is held by the contractor, and by this reference incorporated herein.
2.0
TIME OF COMPLETION
All work under this Agreement is to be done within twenty-one (21) Working Days of notice to
proceed.
3.0
RESPONSIBILITY OF CONTRACTOR
3.1 Safety Contractor shall take all necessary precautions for the safety of employees on the work
and shall comply with all applicable provisions of Federal, State and municipal safety laws and building
codes. Contractor shall erect and properly maintain, at all times, as required by the conditions and
progress of the work, all necessary safeguards for protection of workmen and the public; shall post
danger signs warning against known or unusual hazards.
3.2 Warranty The Contractor shall be responsible for correcting all defects in workmanship and
material within one year after acceptance of this work. When corrections of defects are made, Contractor
shall be responsible for correcting all defects in workmanship and/or materials in the corrected work for
one year after acceptance of the corrections by the City. The Contractor shall start work to remedy such
defects within seven (7) days of mailing notice of discovery thereof by the City and shall complete such
work within a reasonable time. In emergencies where damage may result from delay or where loss of
services may result, such corrections may be made by the City, in which case the cost shall be borne by
the Contractor. In the event the Contractor does not accomplish corrections at the time specified, the
work will be otherwise accomplished and the cost of same shall be paid by Contractor.
The Contractor shall be liable for any costs, losses, expenses or damages including
consequential damages suffered by the City resulting from defects in the Contractor’s work including, but
not limited to, cost of materials and labor extended by the City in making emergency repairs and cost of
engineer, inspection and supervision by the City. The Contractor shall hold the City harmless from any
and all claims which may be made against the City as a result of any defect work and the Contractor shall
defend any such claim at his own expense. Where materials or procedures are not specified in the
contract, the City relies on the professional judgment of the Contractor to make appropriate selections.
3.3. Prevailing Wages Contractor shall comply with every provision of Chapter 39.12 of the Revised Code
of Washington. The project is subject to the higher of Washington State L&I Wage Rates and Federal Davis
Bacon Prevailing Wage Rates.
Arlington Municipal Airport (AWO) Contract
Runway 16/34 Mill and Overlay Project
3.4. Non-discrimination Contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor
handicap, unless based upon a bonafide occupational qualification.
3.5 Employment Any and all employees of the Contractor while engaged in the performance of any work
or services required by the Contractor under this agreement, shall be considered employees of the Contractor
only and not of the City and any and all claims that may or might arise under the Worker's Compensation Act
on behalf of said employees, while so engaged and any and all claims made by a third party as consequence
of any negligent act or omission on the part of the Contractor's employees, while so engaged on any of the
work or services provided or rendered herein, shall be the sole obligation and responsibility of the Contractor.
4.0
SUBCONTRACTOR RESPONSIBILITY
4.1 The Contractor shall include the language of this section in each of its first tier subcontracts, and
shall require each of its subcontractors to include the same language of this section in each of their
subcontracts, adjusting only as necessary the terms used for the contracting parties. The requirements of this
section apply to all subcontractors regardless of tier.
At the time of subcontract execution, the Contractor shall verify that each of its first-tier subcontractors meets
the following bidder responsibility criteria:
1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW,
which must have been in effect at the time of subcontract bid submittal;
2. Have a current Washington Unified Business Identifier (UBI) number;
3. If applicable, have:
a. Industrial Insurance (worker’s compensation) coverage for the subcontractor’s employees
working in Washington, as required in Title 51 RCW;
b. A Washington Employment Security Department number, as required in Title 50 RCW;
c. A Washington Department of Revenue state excise tax registration number, as required in Title
82 RCW;
d. An electrical contractor license, if required by Chapter 19.28 RCW;
e. An elevator contractor license, if required by Chapter 70.87 RCW.
4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3).
5.0
COMPENSATION
5.1 The City shall pay the Contractor for the services identified in this contract the total amount of
$2,424,597.08 plus tax. Contractor shall submit monthly, for the City’s acceptance, a written Contract
Project Estimate setting forth the quantities of work satisfactorily performed to date, and an invoice
covering the contract price applicable to the work, unless otherwise directed. The City will, within 30 days
after receipt of acceptable Contractor’s estimate and invoice, pay the Contractor the accepted progress
invoice less actual accumulated amount previously paid.
5.2 The City shall have the right to withhold payment to Contractor for any work not completed in a
satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory.
Arlington Municipal Airport (AWO) Contract
Runway 16/34 Mill and Overlay Project
6.0
CITY'S RIGHT TO TERMINATE CONTRACT
6.1 The City may terminate the contract upon the occurrence of any one or more of the events hereafter
specified:
a. If the Contractor should be adjudged bankrupt.
b. If the Contractor should make a general assignment of benefit of his creditors.
c. If a receiver should be appointed on the account of insolvency of the Contractor.
d. If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of
properly skilled workmen or proper materials for completion of the work.
e. If the Contractor shall fail to complete the work within the time specified in the contract.
f. If the Contractor shall fail to make a prompt payment to subcontractors or for material or labor.
g. If Contractor should persistently disregard laws, ordinances or regulations of Federal, State or
municipal agencies or subdivisions thereof.
h. If Contractor should persistently disregard instructions of Management, or otherwise be guilty
of a substantial violation of the contract.
6.2 This contract Agreement, and any amendments or extensions to said Agreement may be terminated
for any reason not previously identified by either party by giving ten (10) days written notice to the other party.
In the event that the contract is terminated by the City, Contractor shall not be entitled to receive any further
balance of the amount to be paid under this contract until the work shall have been fully finished. At such time,
if the unpaid balance of the amount to be paid under this contract exceeds the expense incurred by the City in
finishing the work, all of the damages sustained or which may be sustained by reason of such refusal, neglect,
failure of discontinuance of employment, such excess shall be paid by the City to Contractor. If such expense
and damages shall exceed the unpaid balance, Contractor and his surety and each thereof shall be jointly and
severally liable therefore to City and shall pay the difference to the City. Such expense and damage shall
include all legal costs incurred by the City in employment of attorneys to protect the rights and interests of the
City under the contract; provided such legal costs shall be reasonable.
7.0
OWNERSHIP OF DOCUMENTS
7.1 On payment to the Contractor by the City of all compensation due under this Agreement all finished or
unfinished documents and material prepared by the Contractor with funds provided by this Agreement shall
become the property of the City and shall be forwarded to the City at its request.
7.2 Any records, reports, information, data or other documents or materials given to or prepared or
assembled by the Contractor under this Agreement will be kept as confidential and shall not be made available
to any individual or organization by the Contractor without prior written approval of the City or by court order.
8.0
CLAIMS
8.1 Any claim against the City for damages, expenses, costs or extras arising out of the performance of
the contract must be made in writing to the City within thirty (30) days after the discovery of such damage, and
in no event later than the time of approval by owner of final payment. Contractor, upon making applications for
final payment, shall be deemed to have waived this right to claim for any other damages for which claim has
not been made, unless such claim for final payment includes notice of additional claim and fully describes the
alleged damage.
9.0
ASSIGNMENT
9.1 This Agreement may not be assigned or otherwise transferred by the parties hereto without the written
consent of the other party.
Arlington Municipal Airport (AWO) Contract
Runway 16/34 Mill and Overlay Project
10.0
MODIFICATION
10.1 No change, alteration, modification or addition to the Agreement will be effective unless it is in writing
and properly signed by all parties thereto.
11.0
HOLD HARMLESS
11.1 Contractor shall hold the City and its officers, agents and employees harmless, from all suits, claims or
liabilities of any nature, including attorney's fees, costs and expenses for or on account of injuries or damages
sustained by any persons or property resulting in whole or in part from negligent activities or omissions of the
Contractor, its agents or other renumeration for services; and if a suit in respect to the above be filed, the
Contractor shall appear and defend the same at its own cost and expense, and if judgment is rendered or
settlement made requiring payment of damages by the City, which damages are based in whole or in part on
the negligent activities or omissions of the Contractor, its agents or employees, the Contractor shall pay same.
12.0
INSURANCE
The Contractor’s required insurance shall be of the types and coverage as stated below:
12.1 Insurance required. Contractor shall maintain at all times the following insurance during the term of
this agreement:
a. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01.
b. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent contractors,
products-completed operations, stop gap liability, personal injury and advertising injury, and
liability assumed under an insured contract. The Commercial General Liability insurance shall
be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09
or an equivalent endorsement. There shall be no exclusion for liability arising from explosion,
collapse or underground property damage. The Public Entity shall be named as an additional
insured under the Contractor’s Commercial General Liability insurance policy with respect to
the work performed for the Public Entity using ISO Additional Insured endorsement CG 20 10
10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or
substitute endorsements providing at least as broad coverage.
c. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
12.2 Minimum Limits of Insurance. Contractor shall maintain insurance limits no less than:
a. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident.
b. Commercial General Liability insurance shall be written with limits no less than $1,000,000
each occurrence, $2,000,000 general aggregate, and $2,000,000 products-completed
operations aggregate limit.
c. Builders Risk Insurance shall be written in the amount of the completed value of the project
with no coinsurance provisions. (If Applicable)
Arlington Municipal Airport (AWO) Contract
Runway 16/34 Mill and Overlay Project
d. Contractor is required to procure and maintain Pollution Legal Liability Insurance covering
losses caused by pollution conditions that arise from the operations of the Contractor. The
Pollution Legal Liability Insurance shall be written in an amount of at least $1,000,000.
Coverage may be written on a claims-made basis. (If Applicable)
12.3 The Policies are to contain, and be endorsed to contain the following provisions:
a. General Liability, Builders Risk Insurance (If Applicable), and Pollution Legal Liability
(If Applicable)
1. The City, its officials, employees and volunteers are to be covered as additional
insured as respect to liability arising out of activities performed by or on behalf of the
Contractor.
2. Contractor's insurance coverage shall be primary insurance as respects the City, its
officials, employees and volunteers. Any insurance or self-insurance maintained by
the City, its officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
3. Any failure to comply with the reporting provisions of all policies shall not affect the
coverage provided to the City, its officials, employees or volunteers.
b. All Coverage Each insurance policy required by this clause shall state that coverage shall
not be suspended, voided, canceled by either party, reduced in coverage or in limits except
after thirty (30) days prior written notice by certified mail, return receipt requested, has been
given to the City.
12.4 Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than
A:XIII, or with an insurer acceptable to the City.
12.5 Verification of Coverage Contractor shall furnish the City with certificates of insurance effecting
coverage required by this clause. The certification for each insurance policy is to be signed by a person
authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by
the City before work commences. The City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
12.6 Subcontractors The Contractor shall have sole responsibility for determining the insurance coverage
and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance
with reasonable and prudent business practices.
12.7 Asbestos Or Hazardous Materials Abatement Work If asbestos abatement or hazardous materials
work is performed, Contractor shall review coverage with the City’s Risk Manager and provide scope and limits
of coverage that are appropriate for the scope of work. No asbestos abatement work will be performed until
coverage is approved by Risk Manager.
12.8 Notice of Cancellation The Contractor shall provide the City and all Additional Insureds for this work
with written notice of any policy cancellation, within two business days of their receipt of such notice.
12.9 Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as
required shall constitute a material breach of contract, upon which the City may, after giving five business days
notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure
or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended
to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor
from the City.
Arlington Municipal Airport (AWO) Contract
Runway 16/34 Mill and Overlay Project
13.0
INDEPENDENT CONTRACTOR
13.1 Contractor is and shall be at all times during the term of this Agreement an independent contractor.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
CITY OF ARLINGTON, WASHINGTON: CONTRACTOR:
By By
PROFESSIONAL SERVICE AGREEMENT 1
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into in duplicate this 4th day of April, 2022 by
and between the CITY OF ARLINGTON, a Washington municipal corporation, hereinafter
referred to as the "CITY" or “OWNER” and, Dowl, LLC hereinafter referred to as the
"CONSULTANT".
RECITALS:
WHEREAS, the CITY desires to have certain services and/or tasks performed as set forth
below requiring specialized skills and other supportive capabilities; and
WHEREAS, sufficient CITY resources are not available to provide such services; and
WHEREAS, the CONSULTANT represents that the CONSULTANT is qualified and
possesses sufficient skills and the necessary capabilities, including technical and professional
expertise, where required, to perform the services and/or tasks set forth in this Agreement.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performance contained herein, the parties hereto agree as follows:
1. Scope of Services.
The CONSULTANT shall perform such services and accomplish such tasks, including
the furnishing of all materials and equipment necessary for full performance thereof,
as are identified and designated as CONSULTANT responsibilities throughout this
Agreement and as detailed in Exhibit A, attached hereto and incorporated herein (the
"Project"). CITY has relied upon the qualifications of CONSULTANT in entering into
this Agreement. By execution of this Agreement, CONSULTANT represents it
possesses the ability, skill and resources necessary to perform the work and is familiar
with all applicable current laws, rules and regulations which reasonably relate to the
Scope of Services detailed in Exhibit “A” hereto. CONSULTANT shall exercise the
degree of skill and diligence normally employed by professional consultants engaged
in the same profession, and performing the same or similar services at the time such
services are performed. CONSULTANT will be responsible for the technical accuracy
of its services and documents resulting therefrom, and CITY shall not be responsible
for discovering deficiencies therein. CONSULTANT agrees to correct any deficiencies
discovered without additional compensation, except to the extent such deficiencies
are directly attributable to deficiencies or omissions in City-furnished information.
PROFESSIONAL SERVICE AGREEMENT 2
2. Term.
The contract shall be completed by December 31, 2022 unless sooner terminated
according to the provisions herein.
3. Compensation and Method of Payment.
3.1 Payments for services provided hereunder shall be made following the
performance of such services, unless otherwise permitted by law and approved
in writing by the CITY.
3.2 No payment shall be made for any service rendered by the CONSULTANT except
for services identified and set forth in this Agreement.
3.3 The CITY shall pay the CONSULTANT for work performed under this Agreement
as follows: CONSULTANT shall submit monthly invoices detailing work performed
and expenses for which reimbursement is sought. CITY shall approve all invoices
before payment is issued. Payment shall occur within thirty (30) days of receipt
and approval of an invoice.
3.4 CITY shall pay CONSULTANT for such services: (check one)
Hourly: $ __________ per hour, plus actual expenses, but not
to exceed a total of $___________ without an amendment to
the contract.
Fixed Sum: A total amount of $XXXXXXX in accordance with the
fee schedule contained in Exhibit B for all work performed and
expenses incurred under this contract. .
Other: An hourly fee plus reimbursement of expenses per the
scope of work attached as Exhibit A, but not to exceed $201,051.00
for all work performed and expenses incurred under this contract.
4. Reports and Inspections.
4.1 The CONSULTANT at such times and in such forms as the CITY may
require, shall furnish to the CITY such statements, records, reports, data, and
information as the CITY may request pertaining to matters covered by this
Agreement.
4.2 The CONSULTANT shall at any time during normal business hours and as often as
the CITY or State Auditor may deem necessary, make available for examination
all of its records and data with respect to all matters covered, directly or
indirectly, by this Agreement and shall permit the CITY or its designated
authorized representative to audit and inspect other data relating to all matters
covered by this Agreement. The CITY shall receive a copy of all audit reports
made by the agency or firm as to the CONSULTANT'S activities. The CITY may, at
PROFESSIONAL SERVICE AGREEMENT 3
its discretion, conduct an audit at its expense, using its own or outside auditors,
of the CONSULTANT'S activities which relate, directly or indirectly, to this
Agreement.
5. Independent Contractor Relationship.
5.1 The parties intend that an independent CONSULTANT/CITY relationship will be
created by this Agreement. The CITY is interested primarily in the results to be
achieved; subject to paragraphs herein, the implementation of services will lie
solely with the discretion of the CONSULTANT. No agent, employee, servant or
representative of the CONSULTANT shall be deemed to be an employee, agent,
servant or representative of the CITY for any purpose, and the employees of the
CONSULTANT are not entitled to any of the benefits the CITY provides for its
employees. The CONSULTANT will be solely and entirely responsible for its acts
and for the acts of its agents, employees, servants, subcontractors or
representatives during the performance of this Agreement.
5.2 In the performance of the services herein contemplated the CONSULTANT is an
independent contractor with the authority to control and direct the performance
of the details of the work, however, the results of the work contemplated herein
must meet the approval of the CITY and shall be subject to the CITY'S general
rights of inspection and review to secure the satisfactory completion thereof.
6. CONSULTANT Employees/agents
The CITY may at its sole discretion require the CONSULTANT to remove any employee,
agent or servant from employment on this Project. The CONSULTANT may however
employ that (those) individual(s) on other non-CITY related projects.
7. Hold Harmless/Indemnification.
7.1 CONSULTANT shall indemnify and hold the CITY, its officers, officials, and
employees harmless from any and all claims, injuries, damages, losses or suits
including attorney fees, arising out of or resulting from the negligent acts, errors
or omissions of the CONSULTANT in performance of this Agreement.
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, employees, and volunteers,
the CONSULTANT's liability, including the duty and cost to defend, hereunder
shall be only to the extent of the CONSULTANT's negligence. It is further
specifically and expressly understood that the indemnification provided herein
constitutes the CONSULTANT's waiver of immunity under Industrial Insurance,
PROFESSIONAL SERVICE AGREEMENT 4
Title 51 RCW, solely for the purposes of this indemnification. This waiver has
been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Agreement, though no
indemnification claim shall lie after any applicable underlying limitation of
action(s) has run.
8. Insurance. The CONSULANT shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property
which may arise from or in connection with the performance of the work hereunder by
the CONSULTANT, its agents, representatives, or employees.
8.1 Insurance Term. The CONSULTANT shall procure and maintain for the
duration of the Agreement, insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the
performance of the work hereunder by the CONSULTANT, its agents,
representatives, or employees.
8.2 No Limitation. The CONSULTANT’s maintenance of insurance as required by
the Agreement shall not be construed to limit the liability of the CONSULTANT to
the coverage provided by such insurance, or otherwise limit the CITY’s recourse
to any remedy available at law or in equity.
8.3 Minimum Scope of Insurance. The CONSULTANT shall obtain insurance of
the types and coverage described below:
a. Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be as least as broad as Insurance Services
Office (ISO) form CA 00 01.
b. Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and
advertising injury. The CITY shall be named as an additional insured under
the CONSULTANT’s Commercial General Liability insurance policy with
respect to the work performed for the CITY using an additional insured
endorsement at least as broad as ISO CG 20 26.
c. Workers’ Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
PROFESSIONAL SERVICE AGREEMENT 5
d. Professional Liability insurance appropriate to the CONSULTANT’s profession.
8.4 Minimum Amounts of Insurance. The CONSULTANT shall maintain the
following insurance limits:
a. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
b. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
c. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
8.5 Other Insurance Provision. The CONSULTANT’s Automobile Liability and
Commercial General Liability insurance policies are to contain, or be endorsed to
contain that they shall be primary insurance as respect the CITY. Any insurance,
self-insurance, or self-insured pool coverage maintained by the CITY shall be
excess of the CONSULTANT’s insurance and shall not contribute with it.
8.6 Acceptability of Insurers. Insurance is to be placed with insurers with a
current A.M. Best rating of not less than A:V.
8.7 Verification of Coverage. The CONSULTANT shall furnish the CITY with
original certificates and a copy of the amendatory endorsements, including but
not necessarily limited to the additional insured endorsement, evidencing the
insurance requirements of the CONSULTANT before commencement of the
work.
8.8 Notice of Cancellation. The CONSULTANT shall provide the CITY with written
notice of any policy cancellation within two business days of their receipt of such
notice.
8.9 Failure to Maintain Insurance. Failure on the part of the CONSULTANT to
maintain the insurance as required shall constitute a material breach of contract,
upon which the CITY may, after giving five business days’ notice to the
CONSULTANT to correct the breach, immediately terminate the contract or, at its
discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the CITY on
PROFESSIONAL SERVICE AGREEMENT 6
demand, or at the sole discretion of the CITY, offset against funds due the
CONSULTANT from the CITY.
8.10 CITY Full Availability of CONSULTANT Limits. If the CONSULTANT maintains
higher insurance limits than the minimums shown above, the CITY shall be
insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the CONSULTANT, irrespective of whether such
limits maintained by the CONSULTANT are greater than those required by this
contract or whether any certificate of insurance furnished to the CITY evidences
limits of liability lower than those maintained by the CONSULTANT.
9. Treatment of Assets. Title to all property furnished by the CITY shall remain in the name
of the CITY and the CITY shall become the owner of the project specific work product
and other documents, if any, prepared by the CONSULTANT pursuant to this Agreement.
10. Compliance with Law/FAA Requirements.
10.1 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
this Agreement to assure quality of services.
10.2 The CONSULTANT specifically agrees to pay any applicable business and
occupation (B & O) taxes which may be due on account of this Agreement.
10.3 Access to Records and Reports. The CONSULTANT must maintain an acceptable
cost accounting system. The CONSULTANT agrees to provide the sponsor, the
Federal Aviation Administration, and the Comptroller General of the United
States oir duly authorized representatives, access to any books, documents,
papers, and records of the CONSULTANT which are directly pertinent to the
specific contract for the purpose of making audit, examination, excerpts and
transcriptions. The CONSULTANT agrees to maintain all books, records and
reports required under this contract for a period of not less than three years
after final payment is made and all pending matters are closed.
10.4 General Civil Rights Provisions. The CONSULTANT agrees to comply with
pertinent statutes, Executive Orders and such rules as are promulgated to ensure
that no person shall, on the grounds of race, creed, color, national origin, sex,
age, or disability be excluded from participating in any activity conducted with or
benefiting from Federal assistance. This provision binds the CONSULTANT and
subtier contractors from the bid solicitation period through the completion of
PROFESSIONAL SERVICE AGREEMENT 7
the contract. This provision is in addition to that required of Title VI of the Civil
Rights Act of 1964.
10.5 Title VI Solicitation Notice: The CITY, in accordance with the provisions of Title VI
of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and
the Regulations, hereby notifies all bidders that it will affirmatively ensure that
any contract entered into pursuant to this advertisement, disadvantaged
business enterprises will be afforded full and fair opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds
of race, color, or national origin in consideration for an award.
10.6 Compliance with Nondiscrimination Requirements. During the performance of
this contract, the CONSULTANT, for itself, its assignees, and successors in interest
(hereinafter referred to as the “CONSULTANT”) agrees as follows:
a. Compliance with Regulations: The CONSULTANT will comply with the
Title VI List of Pertinent Nondiscrimination Acts And Authorities, as
they may be amended from time to time, which are herein
incorporated by reference and made a part of this contract.
b. Non-discrimination: The CONSULTANT, with regard to the work
performed by it during the contract, will not discriminate on the
grounds of race, color, or national origin in the selection and
retention of subcontractors, including procurements of materials and
leases of equipment. The CONSULTANT will not participate directly or
indirectly in the discrimination prohibited by the Nondiscrimination
Acts and Authorities, including employment practices when the
contract covers any activity, project, or program set forth in Appendix
B of 49 CFR part 21.
c. Solicitations for Subcontracts, Including Procurements of Materials
and Equipment: In all solicitations, either by competitive bidding, or
negotiation made by the CONSULTANT for work to be performed
under a subcontract, including procurements of materials, or leases
of equipment, each potential subcontractor or supplier will be
notified by the CONSULTANT of the CONSULTANT’s obligations under
this contract and the Nondiscrimination Acts And Authorities on the
grounds of race, color, or national origin.
d. Information and Reports: The CONSULTANT will provide all
information and reports required by the Acts, the Regulations, and
directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as
may be determined by the sponsor or the Federal Aviation
Administration to be pertinent to ascertain compliance with such
Nondiscrimination Acts And Authorities and instructions. Where any
PROFESSIONAL SERVICE AGREEMENT 8
information required of a CONSULTANT is in the exclusive possession
of another who fails or refuses to furnish the information, the
CONSULTANT will so certify to the sponsor or the Federal Aviation
Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
e. Sanctions for Noncompliance: In the event of a CONSULTANT’s
noncompliance with the Nondiscrimination provisions of this
contract, the sponsor will impose such contract sanctions as it or the
Federal Aviation Administration may determine to be appropriate,
including, but not limited to:
1. Withholding payments to the CONSULTANT under the
contract until the CONSULTANT complies; and/or
2. Cancelling, terminating, or suspending a contract, in whole or
in part.
f. Incorporation of Provisions: The CONSULTANT will include the
provisions of paragraphs one through six in every subcontract,
including procurements of materials and leases of equipment,
Required Contact Provisions Issued on January 29, 2016 Page 19 AIP
Grants and Obligated Sponsors Airports (ARP) unless exempt by the
Acts, the Regulations and directives issued pursuant thereto. The
CONSULTANT will take action with respect to any subcontract or
procurement as the sponsor or the Federal Aviation Administration
may direct as a means of enforcing such provisions including
sanctions for noncompliance. Provided, that if the CONSULTANT
becomes involved in, or is threatened with litigation by a
subcontractor, or supplier because of such direction, the
CONSULTANT may request the sponsor to enter into any litigation to
protect the interests of the sponsor. In addition, the CONSULTANT
may request the United States to enter into the litigation to protect
the interests of the United States.
10.7 Applicable Nondiscrimination Statutes. During the performance of this contract,
the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter
referred to as the “CONSULTANT”) agrees to comply with the following
nondiscrimination statutes and authorities; including but not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The
Department of Transportation—Effectuation of Title VI of The Civil Rights
Act of 1964);
PROFESSIONAL SERVICE AGREEMENT 9
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons
displaced or whose property has been acquired because of Federal or
Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR
part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.),
(prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color,
national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of the Civil Rights Act of 1964, The
Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act
of 1973, by expanding the definition of the terms “programs or activities”
to include all of the programs or activities of the Federal-aid recipients,
subrecipients and contractors, whether such programs or activities are
Federally funded or not);
• Titles II and III of the Americans with Disabilities Act of 1990, which prohibit
discrimination on the basis of disability in the operation of public entities,
public and private transportation systems, places of public
accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189)
as implemented by Department of Transportation regulations at 49 CFR
parts 37 and 38;
• The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national
origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations, which ensures non-
discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English
proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
PROFESSIONAL SERVICE AGREEMENT 10
• Title IX of the Education Amendments of 1972, as amended, which prohibits
you from discriminating because of sex in education programs or
activities (20 U.S.C. 1681 et seq).
10.8 Texting While Driving. In accordance with Executive Order 13513, "Federal
Leadership on Reducing Text Messaging While Driving" (10/1/2009) and DOT Order
3902.10 “Text Messaging While Driving” (12/30/2009), the FAA encourages recipients of
Federal grant funds to adopt and enforce safety policies that decrease crashes
by distracted drivers, including policies to ban text messaging while driving when
performing work related to a grant or sub-grant.
In support of this initiative, the Owner encourages the CONSULTANT to promote policies
and initiatives for its employees and other work personnel that decrease crashes by
distracted drivers, including policies that ban text messaging while driving motor
vehicles while performing work activities associated with the project. The CONSULTANT
must include the substance of this clause in all sub-tier contracts exceeding $3,500 and
involve driving a motor vehicle in performance of work activities associated with the
project.
10.9 Energy Conservation Requirements. CONSULTANT and its subcontractors agree
to comply with mandatory standards and policies relating to energy efficiency as
contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act (42 U.S.C. 6201et seq).
10.10 Federal Fair Labor Standards Act. All contracts and subcontracts that result from
this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal
Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text.
The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards
for full and part time workers. The CONSULTANT has full responsibility to monitor
compliance to the referenced statute or regulation. The CONSULTANT must address any
claims or disputes that arise from this requirement directly with the U.S. Department of
Labor – Wage and Hour Division.
10.11 Occupational Safety and Health Act of 1970. All contracts and subcontracts that
result from this solicitation incorporate by reference the requirements of 29 CFR Part
1910 with the same force and effect as if given in full text. CONSULTANT must provide a
work environment that is free from recognized hazards that may cause death or serious
physical harm to the employee. The CONSULTANT retains full responsibility to monitor
its compliance and their subcontractor’s compliance with the applicable requirements
of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). CONSULTANT
PROFESSIONAL SERVICE AGREEMENT 11
must address any claims or disputes that pertain to a referenced requirement directly
with the U.S. Department of Labor – Occupational Safety and Health Administration.
10.12 Trade Restriction Certification. By submission of an offer, the CONSULTANT
certifies that with respect to this solicitation and any resultant contract, the
CONSULTANT -
a. is not owned or controlled by one or more citizens of a foreign country
included in the list of countries that discriminate against U.S. firms as published
by the Office of the United States Trade Representative (U.S.T.R.);
b. has not knowingly entered into any contract or subcontract for this project
with a person that is a citizen or national of a foreign country included on the list
of countries that discriminate against U.S. firms as published by the U.S.T.R; and
c. has not entered into any subcontract for any product to be used on the
Federal on the project that is produced in a foreign country included on the list
of countries that discriminate against U.S. firms published by the U.S.T.R.
This certification concerns a matter within the jurisdiction of an agency of the United
States of America and the making of a false, fictitious, or fraudulent certification may
render the maker subject to prosecution under Title 18, United States Code, Section
1001.
The CONSULTANT must provide immediate written notice to the Owner if the
CONSULTANT learns that its certification or that of a subcontractor was erroneous when
submitted or has become erroneous by reason of changed circumstances. The
CONSULTANT must require subcontractors provide immediate written notice to the
CONSULTANT if at any time it learns that its certification was erroneous by reason of
changed circumstances.
Unless the restrictions of this clause are waived by the Secretary of Transportation in
accordance with 49 CFR 30.17, no contract shall be awarded to a CONSULTANT or
subcontractor:
(1) who is owned or controlled by one or more citizens or nationals of a foreign
country included on the list of countries that discriminate against U.S. firms
published by the U.S.T.R. or
(2) whose subcontractors are owned or controlled by one or more citizens or
nationals of a foreign country on such U.S.T.R. list or
(3) who incorporates in the public works project any product of a foreign country
on such U.S.T.R. list;
Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render, in good faith, the certification required by this
provision. The knowledge and information of CONSULTANT is not required to exceed
PROFESSIONAL SERVICE AGREEMENT 12
that which is normally possessed by a prudent person in the ordinary course of business
dealings.
The CONSULTANT agrees that it will incorporate this provision for certification without
modification in in all lower tier subcontracts. The CONSULTANT may rely on the
certification of a prospective subcontractor that it is not a firm from a foreign country
included on the list of countries that discriminate against U.S. firms as published by
U.S.T.R, unless the CONSULTANT has knowledge that the certification is erroneous.
This certification is a material representation of fact upon which reliance was placed
when making an award. If it is later determined that the CONSULTANT or subcontractor
knowingly rendered an erroneous certification, the Federal Aviation Administration may
direct through the Owner cancellation of the contract or subcontract for default at no
cost to the Owner or the FAA.
10.13 Veteran’s Preference. In the employment of labor (excluding executive,
administrative, and supervisory positions), the CONSULTANT and all sub-tier contractors
must give preference to covered veterans as defined within Title 49 United States Code
Section 47112. Covered veterans include Vietnam-era veterans, Persian Gulf veterans,
Afghanistan-Iraq war veterans, disabled veterans, and small business concerns (as
defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference
only applies when there are covered veterans readily available and qualified to perform
the work to which the employment relates.
10.14 Certification Regarding Lobbying. The CONSULTANT certifies by signing and
submitting this agreement, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the CONSULTANT, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the undersigned shall
PROFESSIONAL SERVICE AGREEMENT 13
complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,”
in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be
included in the award documents for all sub-awards at all tiers (including
subcontracts, sub-grants, and contracts under grants, loans, and cooperative
agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
10.15 Clean Air and Water Pollution Control. CONSULTANT agrees to comply with all
applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42
U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
§ 1251-1387). The CONSULTANT agrees to report any violation to the Owner
immediately upon discovery. The Owner assumes responsibility for notifying the
Environmental Protection Agency (EPA) and the Federal Aviation Administration.
CONSULTANT must include this requirement in all subcontracts that exceeds $150,000.
10.16 Certification of CONSULTANT regarding Debarment. The CONSULTANT certifies
that neither it nor its principals are presently debarred or suspended by any Federal
department or agency from participation in this transaction.
10.17 Certification of CONSULTANT regarding Tax Delinquency and Felony Convictions
1) CONSULTANT represents that it is not a corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for collecting the tax
liability.
2) The CONSULTANT represents that it is not a corporation that was
convicted of a criminal violation under any Federal law within the preceding 24 months.
10.18 Disadvantaged Business Enterprises Provisions. CONSULTANT shall not
discriminate on the basis of race, color, national origin, or sex in the performance of this
contract. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in
the award and administration of Department of Transportation-assisted contracts.
Failure by the Contractor to carry out these requirements is a material breach of this
PROFESSIONAL SERVICE AGREEMENT 14
contract, which may result in the termination of this contract or such other remedy as
the Owner deems appropriate, which may include, but is not limited to:
1) Withholding monthly progress payments;
2) Assessing sanctions;
3) Liquidated damages; and/or
4) Disqualifying the Contractor from future bidding as non-responsible.
11. Breach of Contract. Any violation or breach of terms of this contract on the part
of the contractor or its subcontractors may result in the suspension or termination of
this contract or such other action that may be necessary to enforce the rights of the
parties of this agreement.
Owner will provide CONSULTANT written notice that describes the nature of the breach
and corrective actions the CONSULTANT must undertake in order to avoid termination
of the contract. Owner reserves the right to withhold payments to CONSULTANT until
such time the CONSULTANT corrects the breach or the Owner elects to terminate the
contract. The Owner’s notice will identify a specific date by which the CONSULTANT
must correct the breach. Owner may proceed with termination of the contract if the
CONSULTANT fails to correct the breach by deadline indicated in the Owner’s notice.
The duties and obligations imposed by the Contract Documents and the rights and
remedies available thereunder are in addition to, and not a limitation of, any duties,
obligations, rights and remedies otherwise imposed or available by law.
12. Assignment/subcontracting.
12.1 The CONSULTANT shall not assign its performance under this Agreement or any
portion of this Agreement without the written consent of the
CITY, and it is further agreed that said consent must be sought in writing by the
CONSULTANT not less than thirty (30) days prior to the date of any proposed
assignment. The CITY reserves the right to reject without cause any such
assignment.
12.2 Any work or services assigned hereunder shall be subject to each provision of
this Agreement and proper bidding procedures where applicable as set forth in
local, state and/or federal statutes, ordinances and guidelines.
12.3 Any technical/professional service subcontract not listed in this Agreement, must
have express advance approval by the CITY.
13. Changes.
PROFESSIONAL SERVICE AGREEMENT 15
Either party may request changes to the scope of services and performance to be provided
hereunder, however, no change or addition to this Agreement shall be valid or binding upon
either party unless such change or addition be in writing and signed by both parties. Such
amendments shall be attached to and made part of this Agreement.
14. Maintenance and Inspection of Records.
14.1 The CONSULTANT shall maintain books, records and documents, which
sufficiently and properly reflect all direct and indirect costs related to the
performance of this Agreement and shall maintain such accounting procedures
and practices as may be necessary to assure proper accounting of all funds paid
pursuant to this Agreement. These records shall be subject at all reasonable
times to inspection, review, or audit, by the CITY, its authorized representative,
the State Auditor, or other governmental officials authorized by law to monitor
this Agreement.
14.2 The CONSULTANT shall retain all books, records, documents and other material
relevant to this agreement, for six (6) years after its expiration. The
CONSULTANT agrees that the CITY or its designee shall have full access
and right to examine any of said materials at all reasonable times during said
period.
15. Other Provisions.
If changes in state law necessitate that services hereunder be expanded, the parties shall
negotiate an appropriate amendment. If after thirty (30) days of negotiation, agreement can
not be reached, this Agreement may be terminated by the CITY no sooner than sixty (60) days
thereafter.
16. Termination.
16.1 Termination for Convenience.
a. The Owner may, by written notice to the CONSULTANT, terminate
this Agreement for its convenience and without cause or default on
the part of CONSULTANT. Upon receipt of the notice of termination,
except as explicitly directed by the Owner, the Contractor must
immediately discontinue all services affected.
b. Upon termination of the Agreement, the CONSULTANT must deliver
to the Owner all data, surveys, models, drawings, specifications,
reports, maps, photographs, estimates, summaries, and other
documents and materials prepared by the Engineer under this
contract, whether complete or partially complete.
c. Owner agrees to make just and equitable compensation to the
CONSULTANT for satisfactory work completed up through the date
PROFESSIONAL SERVICE AGREEMENT 16
the CONSULTANT receives the termination notice. Compensation will
not include anticipated profit on non-performed services.
d. Owner further agrees to hold CONSULTANT harmless for errors or
omissions in documents that are incomplete as a result of the
termination action under this clause.
16.2 Termination for Cause. Either party may terminate this Agreement for
cause if the other party fails to fulfill its obligations that are essential to the
completion of the work per the terms and conditions of the Agreement. The
party initiating the termination action must allow the breaching party an
opportunity to dispute or cure the breach.
The terminating party must provide the breaching party [7] days advance written
notice of its intent to terminate the Agreement. The notice must specify the
nature and extent of the breach, the conditions necessary to cure the breach,
and the effective date of the termination action. The rights and remedies in this
clause are in addition to any other rights and remedies provided by law or under
this agreement.
a) Termination by Owner: The Owner may terminate this Agreement in whole or
in part, for the failure of the CONSULTANT to:
1. Perform the services within the time specified in this contract or by
Owner approved extension;
2. Make adequate progress so as to endanger satisfactory performance
of the Project;
3. Fulfill the obligations of the Agreement that are essential to the
completion of the Project.
Upon receipt of the notice of termination, the CONSULTANT must immediately
discontinue all services affected unless the notice directs otherwise. Upon
termination of the Agreement, the CONSULTANT must deliver to the Owner all
data, surveys, models, drawings, specifications, reports, maps, photographs,
estimates, summaries, and other documents and materials prepared by the
Engineer under this contract, whether complete or partially complete.
Owner agrees to make just and equitable compensation to the CONSULTANT for
satisfactory work completed up through the date the CONSULTANT receives the
termination notice. Compensation will not include anticipated profit on non-
performed services.
PROFESSIONAL SERVICE AGREEMENT 17
Owner further agrees to hold CONSULTANT harmless for errors or omissions in
documents that are incomplete as a result of the termination action under this
clause.
If, after finalization of the termination action, the Owner determines the
CONSULTANT was not in default of the Agreement, the rights and obligations of
the parties shall be the same as if the Owner issued the termination for the
convenience of the Owner.
b) Termination by CONSULTANT: The CONSULTANT may terminate this
Agreement in whole or in part, if the Owner:
1. Defaults on its obligations under this Agreement;
2. Fails to make payment to the CONSULTANT in accordance with the
terms of this Agreement;
3. Suspends the Project for more than 180 days due to reasons beyond
the control of the CONSULTANT.
Upon receipt of a notice of termination from the CONSULTANT, Owner agrees to
cooperate with CONSULTANT for the purpose of terminating the agreement or
portion thereof, by mutual consent. If Owner and CONSULTANT cannot reach
mutual agreement on the termination settlement, the CONSULTANT may,
without prejudice to any rights and remedies it may have, proceed with
terminating all or parts of this Agreement based upon the Owner’s breach of the
contract.
In the event of termination due to Owner breach, the Engineer is entitled to
invoice Owner and to receive full payment for all services performed or furnished
in accordance with this Agreement and all justified reimbursable expenses
incurred by the CONSULTANT through the effective date of termination action.
Owner agrees to hold CONSULTANT harmless for errors or omissions in
documents that are incomplete as a result of the termination action under this
clause.
17. Notice.
Notice provided for in this Agreement shall be sent by certified mail to the addresses
designated for the parties on the last page of this Agreement.
18. Attorneys Fees and Costs.
If any legal proceeding is brought for the enforcement of this Agreement, or because of a
dispute, breach, default, or misrepresentation in connection with any of the provisions of this
PROFESSIONAL SERVICE AGREEMENT 18
Agreement, the prevailing party shall be entitled to recover from the other party, in addition to
any other relief to which such party may be entitled, reasonable attorney's fees and other costs
incurred in that action or proceeding.
19. Jurisdiction and Venue.
19.1 This Agreement has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party hereto
that this Agreement shall be governed by laws of the State of Washington, both
as to interpretation and performance.
19.2 Any action of law, suit in equity, or judicial proceeding for the enforcement of
this Agreement or any provisions thereof, shall be instituted and maintained only
in any of the courts of competent jurisdiction in Snohomish County, Washington.
20. Severability.
20.1 If, for any reason, any part, term or provision of this Agreement is held by a court
of the United States to be illegal, void or unenforceable, the validity of the
remaining provisions shall not be affected, and the rights and obligations of the
parties shall be construed and enforced as if the Agreement did not contain the
particular provision held to be invalid.
20.2 If it should appear that any provision hereof is in conflict with any statutory
provision of the State of Washington, said provision which may conflict therewith
shall be deemed inoperative and null and void insofar as it may be in conflict
therewith, and shall be deemed modified to conform to such statutory
provisions.
21. Entire Agreement.
The parties agree that this Agreement is the complete expression of the terms hereto and any
oral representations or understandings not incorporated herein are excluded. Further, any
modification of this Agreement shall be in writing and signed by both parties. Failure to comply
with any of the provisions stated herein shall constitute material breach of contract and cause
for termination. Both parties recognize time is of the essence in the performance of the
provisions of this Agreement. It is also agreed by the parties that the forgiveness of the
nonperformance of any provision of this Agreement does not constitute a waiver of the
provisions of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day
and year first hereinabove written.
PROFESSIONAL SERVICE AGREEMENT 19
CITY OF ARLINGTON CONSULTANT:
Dowl, LLC
______________________________ ____________________________
Barbara Tolbert, Mayor
Attest:
________________________________
Julie Peterson, City Clerk
Page 1 of 4
TASK ORDER #8
EXHIBIT A: SCOPE OF WORK
City of Arlington – Arlington Municipal Airport (AWO)
Runway 16-34 Mill & Overlay
Phase 2: Construction Administration
This project will be completed under the Professional Services Agreement between the City of Arlington and DOWL, LLC, dated April 4, 2022.
Project Description This project includes the following improvements to the Arlington Municipal Airport (AIRPORT), as shown in the attached Figure 1.
Runway 16-34 Mill & Overlay (AIP Eligible): 1. 2.5 to 3-inch asphalt mill and overlay of Runway 16-34, full-length. Existing 10-foot runway paved shoulders are not included in this work. Limited portions of taxiway connectors will be included only as needed to provide a smooth transition from the new runway surface.
Non-AIP Eligible Work: There is not anticipated to be any non-AIP eligible work included in this project. DOWL (CONSULTANT) and The City of Arlington – Arlington Municipal Airport (AIRPORT) have prepared the following scope of work.
PHASE 2: CONSTRUCTION ADMINISTRATION
2.1 PROJECT MANAGEMENT The CONSULTANT will provide project management and administration, management of subconsultants, and liaison with the AIRPORT and FAA, and prepare monthly invoices with monthly progress reports. It is assumed that up to four (4) invoices will be required.
2.2 CONSTRUCTION MANAGEMENT PLAN The CONSULTANT will prepare a Construction Management Plan per FAA Advisory Circular 150/5370-12B,
Quality Management for Federally Funded Airport Construction Projects, and submit to the FAA prior to the start of construction.
2.3 PRE-CONSTRUCTION ACTIVITIES The CONSULTANT will conduct a pre-construction conference and review the CSPP with the Contractor onsite prior to work commencing and making any necessary modifications that may be required. The CONSULTANT will review the Contractor’s proposed schedule with the Airport prior to the meeting. CONSULTANT survey crew will verify design control just prior to construction.
City of Arlington – Arlington Municipal Airport (AWO)
Runway 16-34 Mill & Overlay
Phase 2: Construction Administration
Page 2 of 4
2.4 SUBMITTAL REVIEW The CONSULTANT will review Contractor submittals for conformance with plans and specifications, and maintain a submittal log with all submittals to date and the current status.
2.5 CONSTRUCTION ADMINISTRATION Provide construction administration services to include: a) Preparation of up to three (3) Contractor progress payment requests. b) Preparation of up to two (2) construction change orders. c) Respond to Contractor RFI’s (4 RFI’s estimated). d) Review all weekly certified payrolls (prime and subcontractors) monthly prior to the pay request and provide tracking spreadsheet to the AIRPORT. e) Review “Statement of Intent to Pay Prevailing Wage” and “Affidavit of Wages Paid” forms for prime Contractor and subcontractors. f) Conduct employee wage interviews for both prime contractor and subcontractors, as required by the City. g) Prepare weekly meeting agenda and minutes (5 meetings estimated). h) Provide Daily Reports (DR’s) for every working day the Contractor is working at the airport. Resident Engineer and Inspector will prepare and submit Daily Reports for each working day they are on site. (25 reports estimated). i) Prepare FAA weekly reports with progress photos for every week the Contractor is working at the airport (5 reports estimated). j) Prepare and submit FAA quarterly reports (5 reports estimated). k) Resident Engineer will conduct up to five (5) weekly construction meetings on-site and will be on site up to four (4) additional 8-hour days to monitor overlay staking on milled surface, test section construction, and significant production paving days.
2.6 RESIDENT PROJECT REPRESENTATIVE (RPR) & INSPECTION Provide full-time onsite Resident Project Representative (RPR) through construction (10-hour days, 21 working days) and an additional part-time Resident Engineer (RE) for review of staking on milled surface, test section evaluation, and significant production paving days (4, 8-hour days). RPR and RE will monitor and document construction progress, confirm conformance with schedules, plans and specifications, measure and document construction pay quantities, document significant conversations or situations, document input or visits by local authorities, etc., and photograph daily construction activities. RPR and RE will conduct up to five (5) weekly meetings on-site to coordinate progress of construction work with the AIRPORT, airport tenants, and the Contractor. Prepare daily reports documenting construction progress when onsite, materials used, number of workers and work process, and equipment used. Construction is anticipated to last approximately five (5) weeks.
2.7 ACCEPTANCE TESTING The CONSULTANT will provide acceptance testing for Hot Mix Asphalt. This will assume up to two (2) test sections with three (3) sublots each. Production paving is anticipated to be completed in six (6) lots, with up to twenty-six (26) sublots.
City of Arlington – Arlington Municipal Airport (AWO)
Runway 16-34 Mill & Overlay
Phase 2: Construction Administration
Page 3 of 4
2.8 FINAL INSPECTION Attend the final inspection with Airport personnel and the Contractor. Prepare a punchlist for the Contractor, if required. Conduct one (1) follow-up inspection when the Contractor has completed the punchlist. Additional inspections, if required, will be deducted from the Contractor’s final pay estimate.
2.9 RECORD DRAWINGS Prepare record drawings incorporating documented changes by the RPR and CONTRACTOR throughout construction and deliver three sets of printed drawings and one set of electronic drawings in AutoCAD and PDF formats on a flash drive to the AIRPORT, and a PDF of the record drawings to the FAA via electronic file transfer.
2.10 PROJECT CLOSEOUT The CONSULTANT will prepare a Draft FAA Construction Final Report per FAA 620-05 Standard Handout for Final Reports, Final Payment Summary, and a draft final Delphi reimbursement request (SF425/SF271) and submit to the AIRPORT and FAA for review. Review comments will be incorporated, and a final report will be submitted for approval. The CONSULTANT will determine the Pavement Classification Rating (PCR) of the constructed pavement section and update the Airport Master Record and As-Built Airport Layout Plan after construction.
2.11 GRANT ASSISTANCE The CONSULTANT will provide the AIRPORT with the following grant assistance: 1. Assist the Airport with preparation and submission of the FAA AIP grant application for this project. 2. Assist the Airport with general management of FAA AIP grant for this project. 3. Prepare FAA Quarterly and Annual Performance Reports and submit to the FAA.
2.12 DBE REPORTING The CONSULTANT will complete and submit the annual DBE Uniform Report online via the FAA Civil Rights Connect website.
ASSUMPTIONS: a) The construction will occur during the summer of 2022 and will be completed by December 31, 2022. b) Construction staking is to be completed by the Contractor. Design survey control will be included in the Contract Plans, and surveyors will verify design control in the field just prior to construction NTP. c) A Construction Management Plan is required. d) Resident engineering fee estimate is based on providing a full-time inspector for 5 days per week for the full 21-day construction period at 10 hours per day, and an additional Resident Engineer for 1 day per week for 4-weeks at 8 hours per day.
DELIVERABLES: The following documents, exhibits, or other presentations for work covered by this Agreement will be furnished by the CONSULTANT to the AIRPORT upon the completion of the various phases of the work.
PRE-CONSTRUCTION CONFERENCE Meeting Agenda and Minutes PDF via email
City of Arlington – Arlington Municipal Airport (AWO)
Runway 16-34 Mill & Overlay
Phase 2: Construction Administration
Page 4 of 4
CONSTRUCTION MANAGEMENT PLAN Construction Management Plan PDF via email
GRANT ASSISTANCE FAA Quarterly Report(s) PDF via email
CONSTRUCTION Construction Documentation Complete set of electronic files on flash drive Meeting Minutes PDF via email Record Drawings Airport: Three (3) 11”x17” paper copies & PDF, FAA: PDF via electronic delivery Construction Closeout Report Airport: Three (3) copies & PDF, FAA: PDF via electronic delivery Airport Layout Plan Update PDF via electronic delivery
DBE REPORTING Annual DBE Uniform Report Online via FAA Civil Rights Connect
GENERAL Invoice and Progress Reports PDF via email Payroll Tracking Spreadsheet Excel spreadsheet via email Certified Payroll Reviews PDF via email
Client:Arlington Municipal Airport (AWO)
Project:Runway 16-34 Mill & Overlay Date:3/10/2022
Phase:02 - Construction Administration
LABOR:
TASK Project Engineering Survey Prof. Land Survey Admin.
NO.TASK (Scope of Services)Engineer X Manager VI Engineer II Technician V Manager I Surveyor V Technician V Assistant TOTAL LABOR
255.00 210.00 120.00 140.00 215.00 135.00 95.00 90.00 HOURS COST
2.1 Project Management 8 60 0 0 0 0 0 24 92 16,800$
a General Project Management (8 months)8 60 24 92 16,800$
2.2 Construction Management Plan 0 2 12 0 0 0 0 0 14 1,860$
a Construction Management Plan 2 12 14 1,860$
2.3 Pre-Construction Activities 1 10 12 0 4 16 16 4 63 8,695$
a Review Schedule 1 2 2 2 7 1,095$
b Pre-Construction Conference / Minutes 8 10 2 20 3,060$
c Verification of Survey Control 4 16 16 36 4,540$
2.4 Submittal Review 0 16 30 0 0 0 0 2 48 7,140$
a Submittal Reviews 16 30 2 48 7,140$
2.5 Construction Administration 2 53 118 8 0 0 0 4 185 27,280$
a Pay Estimates (3)1 9 16 26 4,065$
b Change Orders (2)1 20 32 8 2 63 9,595$
c RFI's (4)6 8 2 16 2,400$
d Certified Payroll Review 4 32 36 4,680$
e Labor Documentation Review 6 12 18 2,700$
f Employee Wage Rate Interviews 1 4 5 690$
g Weekly Meeting Agenda / Minutes 4 8 12 1,800$
h FAA Weekly Reports (Anticipated 6 Reports)3 6 9 1,350$
2.6 RPR & Inspection 0 72 210 0 0 0 0 0 282 40,320$
a Full-Time Inspector (21 Working Days)210 210 25,200$
b Part-Time Resident Engineer (4, 8-hour days)32 32 6,720$
c Weekly Meetings (PM - 5 Weeks, 8-hour days)40 40 8,400$
2.7 Acceptance Testing 0 12 6 0 0 0 0 0 18 3,240$
a PM Subconsultant Coordination/Management 6 6 1,260$
b PWL & Pay Factor Review & QC 6 6 12 1,980$
c Acceptance Testing -$
2.8 Final Inspection 0 18 20 0 0 0 0 0 38 6,180$
a Final Inspection 8 8 16 2,640$
b Punchlist 2 4 6 900$
c Closeout Inspection 8 8 16 2,640$
2.9 Record Drawings 1 4 16 32 0 16 0 0 69 9,655$
a Record Drawings 1 4 16 32 16 69 9,655$
2.10 Project Closeout 4 37 68 16 0 0 0 2 127 19,370$
a Draft FAA Construction Final Report/Project Summary 16 48 64 9,120$
b FAA Construction Final Report/Project Summary 2 12 16 2 32 5,130$
c Update Airport Master Record (5010)1 2 3 450$
d ALP Update & Narrative 2 8 2 16 28 4,670$
2.11 Grant Assistance 0 32 40 0 0 0 0 4 76 11,880$
a AIP Grant Management 24 24 4 52 8,280$
b FAA Quarterly/Annual Performance Reports 8 16 24 3,600$
2.12 DBE Reporting 0 4 8 0 0 0 0 0 12 1,800$
a Annual DBE Reporting to FAA Civil Rights Connect 4 8 12 1,800$
Labor Subtotal 16 320 540 56 4 32 16 40 1,024 154,220$
Expenses
Mileage (Meetings, Site Visits)33 Trips @ 100 0.585$ / mile (IRS 2022 Rate)1,931$
Printed Conformed Contract Documents 10 75.00$ / set 750$
Printed Record Drawings 3 50.00$ / set 150$
Total Expenses 2,831$
Subconsultants Subconsultant Cost Markup
Asphalt Acceptance Testing (HWA)40,000$ 10%44,000$
Total Subconsultants 44,000$
TOTAL FEE (Phase 2 - Construction Administration)201,051$
Sets x
Miles / Roundtrip x
EXHIBIT B-1: CONSULTANT FEE ESTIMATE
DOWL PROJECT TEAM
Subconsultant (HWA)
Sets x
\\dowl.com\j\Projects\23\15001-05\10PM\10.1 Scope & Fee - CA\EXHIBIT B - Fee Estimate - AWO Rwy 16-34 Overlay CA.xlsx
Runway 16/34 Mill & Overlay
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Arlington Municipal Airport (AWO)
Runway 16/34 Mill & Overlay
Figure 1: Project Elements
Legend
Mill & Overlay
Runway 16/34
(5,322' x 100')
Match existing
10-foot wide
paved shoulders
Mill & Overlay
Runway 16/34
(5,322' x 100')
Tax
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Taxiway B
connectors (TYP)
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Taxiway B
connectors (TYP)
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10-foot wide
paved shoulders
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Taxiway A
connectors (TYP)
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Taxiway A
connectors (TYP)
City of Arlington Council Agenda Bill Item: NB #3 Attachment F
duties currently performed by the Deputy Chief position. The Police Department and Human Resources are also requesting assignment of the Police Services Supervisor Position to the Non-Represented Pay Plan, to reflect changes in duty assignments between the new Lieutenant position and the current Police Services Manager position. There is no current 2022 additional budget impact associated with these proposed Police Department changes. Human Resources is requesting a market adjustment of 3% to the Non-Represented Pay Plan effective
City of Arlington Council Agenda Bill Item: NB #3 Attachment F
The City recently received notice of the pending retirement of the Deputy Police Chief. In order to maintain a community police presence while meeting minimum statutory reporting obligations, Police Department management recommends the immediate promotion of two (2) Lieutenants from existing staff and the suspension of efforts to backfill of the Deputy Chief of police position until a future budget cycle. The Police Department also recently received notice of the pending retirement of the Police Services Manager. It is proposed that the vacancy created be reclassified to the position of Police Services Supervisor, given the assignment of some of the duties of the Police Services Manager position to the new Lieutenant position. It is proposed that the Police Services Supervisor position be assigned to Pay Grade H on the Non-Represented Pay Plan. The previously adopted budget included a two percent (2%) wage adjustment to the Non-Represented Pay Plan effective January 1, 2022, consistent with recently settled collective bargaining agreements. Human Resources is requesting an additional market adjustment of 3% to the Non-Represented Pay Plan
0.02
Pay Spread between Grades Pay Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5M Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12
A Seasonal Maintenance Laborers 17.00 17.50 18.00 18.50 19.00
A Finance Intern
A GIS Seasonal Worker
3.00%3.00%3.00%3.00%2.00%2.00%2.00%2.00%2.00%2.00%2.00%
B 4,084 4,206 4,333 4,463 4,596 4,688 4,782 4,878 4,975 5,075 5,176 5,280
49,006 50,476 51,990 53,550 55,157 56,260 57,385 58,533 59,703 60,897 62,115 63,357
G Communications Specialist 5,418 5,581 5,748 5,921 6,098 6,220 6,345 6,472 6,601 6,733 6,868 7,005
G Deputy Clerk 65,018 66,969 68,978 71,047 73,179 74,642 76,135 77,658 79,211 80,795 82,411 84,060
G Executive Analyst
8.00%H Police Services Supervisor 5,852 6,027 6,208 6,394 6,586 6,718 6,852 6,989 7,129 7,272 7,417 7,565
70,220 72,327 74,496 76,731 79,033 80,614 82,226 83,871 85,548 87,259 89,004 90,784
8.00%I City Clerk/Executive Assistant 6,320 6,509 6,705 6,906 7,113 7,255 7,400 7,548 7,699 7,853 8,010 8,171
I Finance Accountant 75,838 78,113 80,456 82,870 85,356 87,063 88,804 90,580 92,392 94,240 96,125 98,047
I PW Accountant
8.00%J Finance Supervisor 6,825 7,030 7,241 7,458 7,682 7,836 7,992 8,152 8,315 8,482 8,651 8,824
J GIS Manager 81,905 84,362 86,893 89,499 92,184 94,028 95,909 97,827 99,783 101,779 103,815 105,891
J M&O Supervisor
8.00%K Police Services Manager 7,371 7,593 7,820 8,055 8,297 8,463 8,632 8,804 8,980 9,160 9,343 9,530
K Airport Operations Manager 88,457 91,111 93,844 96,659 99,559 101,550 103,581 105,653 107,766 109,921 112,120 114,362
K Planning Manager
K Water Utility Supervisor
K WW Utility Supervisor
8.00%L Assistant Finance Director 7,961 8,200 8,446 8,699 8,960 9,140 9,322 9,509 9,699 9,893 10,091 10,293
L M&O Manager 95,533 98,399 101,351 104,392 107,524 109,674 111,868 114,105 116,387 118,715 121,089 123,511
L Building Official
L Development Services Manager
L Natural Resources/ SW Manager
L Utilities Manager
8.00%M Community Engagement Director 8,598 8,856 9,122 9,395 9,677 9,871 10,068 10,269 10,475 10,684 10,898 11,116
M Enterprise Data and Technology Manager 103,176 106,271 109,460 112,743 116,126 118,448 120,817 123,234 125,698 128,212 130,776 133,392
6.00%N City Engineer 9,114 9,387 9,669 9,959 10,258 10,463 10,672 10,886 11,103 11,325 11,552 11,783
N IT Manager 109,367 112,648 116,027 119,508 123,093 125,555 128,066 130,628 133,240 135,905 138,623 141,395
N Permit Center Manager
N Police Lieutenant
10.00%O Deputy Public Works Director 10,025 10,326 10,636 10,955 11,284 11,509 11,739 11,974 12,214 12,458 12,707 12,961
O 120,303 123,913 127,630 131,459 135,403 138,111 140,873 143,690 146,564 149,495 152,485 155,535
O
5.05%P Deputy Police Chief 10,532 10,848 11,173 11,508 11,853 12,090 12,332 12,579 12,830 13,087 13,349 13,616
P Information Technology Director 126,379 130,170 134,075 138,097 142,240 145,085 147,987 150,947 153,966 157,045 160,186 163,389
P Human Resources Director
2022 Non-Represented Employees
5.00%Q Airport Director 11,058 11,390 11,732 12,084 12,446 12,695 12,949 13,208 13,472 13,741 14,016 14,297
Q Administrative Services Director 132,698 136,679 140,779 145,002 149,352 152,339 155,386 158,494 161,664 164,897 168,195 171,559
5.00%R CED Director 11,611 11,959 12,318 12,688 13,068 13,330 13,596 13,868 14,146 14,428 14,717 15,011
R Public Works Director 139,333 143,513 147,818 152,252 156,820 159,956 163,156 166,419 169,747 173,142 176,605 180,137
R Finance Director
4.55%S Police Chief 12,139 12,504 12,879 13,265 13,663 13,936 14,215 14,499 14,789 15,085 15,387 15,694
S 145,672 150,042 154,544 159,180 163,955 167,234 170,579 173,991 177,471 181,020 184,640 188,333
13.00%T City Administrator 13,717 14,129 14,553 14,989 15,439 15,748 16,063 16,384 16,712 17,046 17,387 17,735
164,610 169,548 174,634 179,873 185,270 188,975 192,754 196,609 200,542 204,553 208,644 212,816
0.03
Pay Spread between Grades Pay Grade Position Title Step 1 Step 2 Step 3 Step 4 Step 5M Step 6 Step 7 Step 8 Step 9 Step 10 Step 11 Step 12
A Seasonal Maintenance Laborers 17.00 17.50 18.00 18.50 19.00
A Finance Intern
A GIS Seasonal Worker
3.00% 3.00% 3.00% 3.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00% 2.00%
B 4,206 4,333 4,463 4,596 4,734 4,829 4,926 5,024 5,125 5,227 5,332 5,438
50,476 51,991 53,550 55,157 56,812 57,948 59,107 60,289 61,495 62,725 63,979 65,259
G Communications Specialist 5,581 5,748 5,921 6,098 6,281 6,407 6,535 6,666 6,799 6,935 7,074 7,215
G Deputy Clerk 66,969 68,978 71,048 73,179 75,374 76,882 78,419 79,988 81,588 83,219 84,884 86,581
G Executive Analyst
8.00% H Police Services Supervisor 6,027 6,208 6,394 6,586 6,784 6,919 7,058 7,199 7,343 7,490 7,640 7,792
72,327 74,496 76,731 79,033 81,404 83,032 84,693 86,387 88,115 89,877 91,674 93,508
8.00% I City Clerk/Executive Assistant 6,509 6,705 6,906 7,113 7,326 7,473 7,622 7,775 7,930 8,089 8,251 8,416
I Finance Accountant 78,113 80,456 82,870 85,356 87,917 89,675 91,468 93,298 95,164 97,067 99,008 100,989
I PW Accountant
8.00% J Finance Supervisor 7,030 7,241 7,458 7,682 7,912 8,071 8,232 8,397 8,565 8,736 8,911 9,089
J GIS Manager 84,362 86,893 89,499 92,184 94,950 96,849 98,786 100,762 102,777 104,832 106,929 109,068
J M&O Supervisor
8.00% K Police Services Manager 7,593 7,820 8,055 8,297 8,545 8,716 8,891 9,069 9,250 9,435 9,624 9,816
K Airport Operations Manager 91,111 93,844 96,659 99,559 102,546 104,597 106,689 108,823 110,999 113,219 115,483 117,793
K Planning Manager
K Water Utility Supervisor
K WW Utility Supervisor
8.00% L Assistant Finance Director 8,200 8,446 8,699 8,960 9,229 9,414 9,602 9,794 9,990 10,190 10,394 10,601
L M&O Manager 98,400 101,352 104,392 107,524 110,750 112,965 115,224 117,528 119,879 122,277 124,722 127,217
L Building Official
L Development Services Manager
L Natural Resources/ SW Manager
L Utilities Manager
8.00% M Community Engagement Director 8,856 9,122 9,395 9,677 9,967 10,167 10,370 10,578 10,789 11,005 11,225 11,449
M Enterprise Data and Technology Manager 106,272 109,460 112,744 116,126 119,610 122,002 124,442 126,931 129,469 132,059 134,700 137,394
6.00% N City Engineer 9,387 9,669 9,959 10,258 10,566 10,777 10,992 11,212 11,436 11,665 11,898 12,136
N IT Manager 112,648 116,027 119,508 123,093 126,786 129,322 131,908 134,547 137,237 139,982 142,782 145,638
N Permit Center Manager
N Police Lieutenant
10.00% O Deputy Public Works Director 10,326 10,636 10,955 11,284 11,622 11,855 12,092 12,333 12,580 12,832 13,088 13,350
O 123,913 127,630 131,459 135,403 139,465 142,254 145,099 148,001 150,961 153,980 157,060 160,201
O
5.05% P Deputy Police Chief 10,848 11,173 11,508 11,853 12,209 12,453 12,702 12,956 13,215 13,480 13,749 14,024
P Information Technology Director 130,170 134,075 138,098 142,241 146,508 149,438 152,427 155,475 158,585 161,756 164,992 168,291
P Human Resources Director
July 2022 Non‐Represented Employees
5.00% Q Airport Director 11,390 11,732 12,084 12,446 12,819 13,076 13,337 13,604 13,876 14,154 14,437 14,726
Q Administrative Services Director 136,679 140,779 145,003 149,353 153,833 156,910 160,048 163,249 166,514 169,844 173,241 176,706
5.00% R CED Director 11,959 12,318 12,688 13,068 13,460 13,730 14,004 14,284 14,570 14,861 15,159 15,462
R Public Works Director 143,513 147,818 152,253 156,820 161,525 164,755 168,050 171,411 174,840 178,337 181,903 185,541
R Finance Director
4.55% S Police Chief 12,504 12,879 13,265 13,663 14,073 14,354 14,641 14,934 15,233 15,538 15,848 16,165
S 150,043 154,544 159,180 163,956 168,874 172,252 175,697 179,211 182,795 186,451 190,180 193,983
13.00% T City Administrator 14,129 14,553 14,989 15,439 15,902 16,220 16,545 16,876 17,213 17,557 17,909 18,267
169,548 174,635 179,874 185,270 190,828 194,644 198,537 202,508 206,558 210,689 214,903 219,201
City of Arlington Council Agenda Bill Item: NB #4 Attachment G
COUNCIL MEETING DATE: April 4, 2022 SUBJECT: Approval of Collective Bargaining Agreement between the City of Arlington and Arlington Police Officers' Association (APOA) for 2022-2024 ATTACHMENTS: Collective Bargaining Agreement for January 1, 2022 to December 31, 2024 and Implementation Memorandum of Agreement (MOA) and Off Duty Work Hours Memorandum of Understanding (MOU) and Lateral Hire Vacation Accrual Memorandum of
Administration/Human Resources; James Trefry, Director 360-403-3443 EXPENDITURES REQUESTED: 0 BUDGET CATEGORY: Salaries BUDGETED AMOUNT: 2022 – Additional $70,661 2023 – $148,462 2024 – $147,806 LEGAL REVIEW: DESCRIPTION: Council is asked to approve the Collective Bargaining Agreement between the City of Arlington and the Arlington Police Officers’ Association for 2022-2024 and accompanying MOAs and MOUs and authorize the Mayor to sign. HISTORY: The prior Collective Bargaining Agreement with APOA for 2019-2021 was approved in May 2019 and expired December 31, 2021. ALTERNATIVES
RECOMMENDED MOTION: I move to approve the Collective Bargaining Agreement between the City of Arlington and the Arlington Police Officers’ Association for 2022-2024 and authorize the Mayor to sign it.
City of Arlington/Arlington Police Officers Association
Collective Bargaining Agreement
January 1, 202219 – December 31, 202421
AGREEMENT
by and between
THE CITY OF ARLINGTON
and
ARLINGTON POLICE OFFICERS’ ASSOCIATION
(Representing the Law Enforcement Officers)
January 1, 202219 through December 31, 202421
City of Arlington/Arlington Police Officers Association
Collective Bargaining Agreement
January 1, 202219 – December 31, 202421
TABLE OF CONTENTS
ARTICLE 1 RECOGNITION, ASSOCIATION MEBERSHIP
AND PAYROLL DEDUCTION ......................................................................1
ARTICLE 2 NON-DISCRIMINATION ...............................................................................1
ARTICLE 3 ASSOCIATION OFFICIALS AND BULLETIN BOARD ......................... 2
ARTICLE 4 PROBATION, SENIORITY, LAYOFF AND RECALL ............................ 2
ARTICLE 5 SERGEANTS ....................................................................................................4
ARTICLE 6 HOURS OF WORK/OVERTIME ............................................................. 76
ARTICLE 7 CALLBACK, COURT TIME STANDBY PAY
AND TRAINING / MEETINGS / PHONE CALLS ................................. 98
ARTICLE 8 WAGES AND DEFERRED COMPENSATION PLAN ................................98
ARTICLE 9 HOLIDAYS ...................................................................................................109
ARTICLE 10 VACATIONS ................................................................................................110
ARTICLE 11 SICK LEAVE, FAMILY LEAVE AND FUNERAL LEAVE ......................121
ARTICLE 12 HEALTH AND WELFARE INSURANCE BENEFITS ..............................163
ARTICLE 13 UNIFORM, CLOTHING ALLOWANCE AND CLEANING
ALLOWANCE ACCOUNT ..........................................................................185
ARTICLE 14 MISCELLANEOUS ....................................................................................2016
ARTICLE 15 DISCIPLINE ................................................................................................2017
ARTICLE 16 GRIEVANCE PROCEDURE ......................................................................2117
ARTICLE 17 PATROL TAKE-HOME VEHICLE PROGRAM 22
ARTICLE 18 CITY LIABILITY POLICY COVERAGE 23
ARTICLE 19 MANAGEMENT RIGHTS .........................................................................2318
ARTICLE 2018 NO STRIKES OR LOCKOUTS ..................................................................2419
ARTICLE 2119 SEPARABILITY AND SAVINGS .............................................................2419
APPENDIX A ......................................................................................................................2621
MEMORANDUM OF UNDERSTANDING – Lateral Hire Vacation Accrual ...................3327
MEMORANDUM OF UNDERSTANDING - Agreement on Off-Duty Work Hours ..........3428
City of Arlington/Arlington Police Officers Association
Collective Bargaining Agreement
January 1, 202219-December 31, 202421
1
THIS AGREEMENT is entered into by and between the City of Arlington, Washington,
hereinafter referred to as the City, and the Arlington Police Officers’ Association hereinafter
referred to as the Association.
ARTICLE 1 RECOGNITION, ASSOCIATION MEMBERSHIP AND PAYROLL
DEDUCTION
1.1 Recognition - The City recognizes the Association as the exclusive bargaining
representative for all employees in the bargaining unit, which is described as all full-time
and regular part-time uniformed officers of the City of Arlington Police Department,
excluding supervisors, confidential employees and all other employees as determined by
the Public Employment Relations Commission in Case 16843-E-02-2783.
1.2 Payroll Deduction - The City shall deduct from the pay of any employee covered by this
Agreement, upon their voluntary written authorization, the dues and fees of the
Association, and shall remit to said Association all such deductions monthly. The
Association shall indemnify, defend and hold the City harmless against any claims made
and against any suit instituted against the City on account of any deduction of dues and
fees for the Association. The Association shall refund to the City any amounts paid to it
in error upon presentation of proper evidence thereof.
1.3 Association Notification - Within seven (7) calendar days from the date of hire of a new
employee, the City shall provide the Association the name and address of the employee.
The City shall promptly notify the Association of all employees leaving its employment.
ARTICLE 2 NON-DISCRIMINATION
2.1 Neither the City nor the Association shall discriminate against any employee covered by
this Agreement in a manner which would violate any applicable local, state, or federal law.
2.2 Wherever words denoting a specific gender are used in this Agreement, they are intended
and shall be construed so as to apply equally to any gender.
2.3 Any alleged violations of Article 2 may only be processed through the appropriate
governmental agency and not through Article 16, Grievance Procedure, of this Agreement.
ARTICLE 3 ASSOCIATION OFFICIALS AND BULLETIN BOARD
3.1 Association Official - One Association official who is an employee in the bargaining unit
who shall be identified to the Chief, may be granted time off with pay or use of vacation
time while conducting business vital to the employees in the bargaining unit provided;
a. The Association or the employee notifies the City in writing a minimum of forty-
eight (48) hours prior to the start of the requested time-off period, or as otherwise
approved by the Chief.
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b. The City is able to properly staff the employee's job duties during the time-off
period.
c. The wage cost to the City is no greater than the cost that would have been incurred
had the Association official not taken the time off.
3.1.1 Association officials shall not transact Association business while working on shift
which in any way interferes with the operation or normal routine of the Police
Department. The Association shall be afforded the same ability to utilize City
facilities as other City bargaining units for the purpose of holding Association
meetings and communicating with members.
3.1.2 The Association shall provide the City with the names of its officials authorized by
the Association to act on its behalf.
3.2 Bulletin Board - The City shall provide suitable space for an Association furnished bulletin
board on its premises in an area frequented by all employees within the bargaining unit.
The Association shall limit its posting of notices and bulletins to such bulletin boards.
3.3 Labor – Management Committee. A Labor-Management Committee shall be established
for the sole purpose of resolving pre-grievance level issues arising from this agreement. In
no case shall meetings of the Labor - Management Committee be used for purposes of
continued negotiation. Meetings of the Labor-Management Committee shall occur once a
quarter or as otherwise mutually agreed upon by the parties.
ARTICLE 4 PROBATION, SENIORITY, LAYOFF AND RECALL
4.1 Probation Period - New employees shall be subject to a probation period commencing with
their first work shift through one (1) year following graduation from the Washington State
Criminal Justice Training Commission Academy. The probationary period for lateral entry
employees shall be one (1) year from the date of hire. During this period such employee
shall be evaluated by the City and may be terminated at the sole discretion of the City.
4.2 Seniority - An employee's seniority shall be defined as that period from the employee's
most recent first day of compensated work within the bargaining unit.
4.3 Layoff/Recall - The City shall notify the Association of the need to reduce the number of
employees who are on the payroll within the bargaining unit at least sixty (60) calendar
days before the effective date of layoff. Such notice shall be given in writing, addressed
to the Association and hand delivered to an Association officer or by registered U.S. mail
or email. The notice shall disclose the number of positions affected. Immediately after
issuing the notice, the City shall give the Association a reasonable period of time, of no
less than ten (10) calendar days within which it will meet and confer with the Association
to discuss such action.
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4.3.1 Each employee who is to be laid off as a consequence of a reduction in force shall
be given written notice by U.S. mail or email, at least thirty (30) calendar days,
running concurrently with the notice provided in Section 4.3, before such action is
to occur, of the date, purpose and nature of the action that is to be taken with regard
to him/her. The notice shall also state the reason for the action and any rights the
employee may have under the City Policy and Procedures Manual, Civil Service
rules, or this Agreement with regard to his/her employment. A copy of the notice
shall be timely delivered to the Association within the thirty (30) calendar day
notification period.
In the event a reduction in force is necessary, the reduction shall proceed in the following
order:
a. Employees shall be laid off in reverse order of the Association seniority list;
the least senior employee in the Association shall be laid off first.
b. An employee who is laid off shall be paid for all accrued leave time in
accordance with Articles 10 and 11, including vacation and holiday pay,
based on the employee’s straight-time rate of pay as of the date of
separation.
c. All employees who are reduced in rank or laid off shall not suffer any loss
in benefits or entitlement accrued prior to the date of the action, e.g. holiday,
vacation, personal leave, pension, and overtime, earned, accumulated, and
unused at the time of reduction in rank or layoff.
4.3.2 In the event of a tie in seniority, the tie shall be broken by the final score on the
Civil Service examination.
4.3.3 The Civil Service Commission and City Human Resource Department shall
maintain a list, known as a “rehire list,” of all persons who are laid off. In the event
that vacancies occur within the Department while persons remain on the rehire list,
the order of the recall shall be determined by reference to the rehire list. The rehire
list(s) shall remain in effect for eighteen (18) calendar months after the date of a
layoff, unless extended by the Civil Service Commission and shall be used to offer
employment that may become available by seniority to all persons who have been
laid off, before any person is hired or transferred (from another City department) to
become new employees of the Police Department.
4.3.4 Notice of recall to the employee’s former position shall be given to the employee
in writing at his last known mailing address, it being the employee’s obligation to
notify the City Human Resource Department of any change in address while on
layoff status. The notice shall be by certified mail, return receipt requested. The
employee shall be given thirty (30) calendar days to accept an offer of
reinstatement, in which case written acceptance shall be sufficient if filed in any
form with the Human Resource Department. Any employee who fails to respond
to an offer to return to work may be terminated.
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4.3.5 If an employee is on layoff status, seniority shall not accrue. Upon returning to
work after such leave or layoff, the employee shall be granted the level of seniority
previously accrued and shall return at the pay step they attained immediately prior
to the layoff.
ARTICLE 5 SERGEANTS
5.1 Minimum qualifications for Sergeant – An officer must have a minimum of 5 years’
experience as a commissioned Police Officer and a minimum of 3 years as a Police Officer
with the City of Arlington to be eligible to be a Sergeant.
5.2 Promotional testing shall be in accordance with the City’s Civil Service guidelines and
procedures.
5.3 At the discretion of the City, the examinations utilized for forming a Sergeant’s
promotional list shall be as follows:
• Written examination, to comprise 40% of the total score, and oral board examination, to
comprise 60% of the total score, OR
• Assessment Center
5.4 The Civil Service Commission shall certify the Sergeant promotional list upon the
completion of the testing and verification by the Civil Service Examiner. The list shall
remain in effect for one year or such time as the list is depleted, whichever occurs first.
5.5 The Chief of Police shall use the “Rule of 7” in selecting Officers from the certified
Sergeant promotional list.
5.6 Announcements of the promotional exams shall be posted in the Police Department at least
30 days prior to the test dates.
5.7 Relevant study materials shall be made available to interested employees at the time of
posting.
5.8 The Sergeant monthly rates of pay are reflected in Appendix A.
5.9 Working out of classification: i.e. Acting Sergeant
5.9.1 At the sole discretion of the Police Chief or designee, an employee may be assigned
to perform work in a higher classification (i.e. Sergeant), if the Police Chief
determines that replacing the higher classification position is in the best interests of
the City.
5.9.2 Any employee assigned to perform work in a higher classification (i.e. Sergeant)
shall be paid at the higher classification in the pay step, which is the lowest step in
the higher classification that still provides an increase over the employee’s regular
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pay scale. Compensation for work in a higher classification shall become payable
on the completion of at least four (4) hours and one (1) minute of one (1) shift in
the higher classification per incidence of such out of class work. A shift is defined
as the normal work shift of the officer.
5.9.3 The follow factors shall be considered by the Chief or their designee when
making an out-of-class assignment:
i. For length of assignment of 1 shift to less than 3 months:
1. Active promotional list if there is one
a. Could exclude non-patrol specialties (if not a long-term
assignment) – Investigations, School Resource or
Community Outreach, depending on impact to
staffing/assignment.
2. Input of other Sergeants
3. Least interruption of bid schedules
ii. For length of assignment of 3 months or greater:
1. First option to promotional list, regardless of specialty assignment
status
a. If there would be a significant operational impact
associated with a specific investigation or staffing issue, the
Chief may propose a different assignment process to the
than that listed in 5.9.3(ii)(1) after consultation with the
bargaining unit representative.
5.9.43 This section shall not be construed so as to require the City to assign higher-level
duties to anyone.
5.10 Sergeants shall be eligible for additional specialty pay should they hold one of the
following specialty positions as outlined in Appendix A, Section A.9 of the current
Collective Bargaining Agreement:
Detective (4%)
Rangemaster (4%)
EVOC (4%)
Field Training Officer (4%)
Defensive Tactics Instructor (4%)
5.11 Officers currently holding the position of School Resource Officer or Airport Resource
Officer (Canine Officer) shall be eligible to test for the position of Sergeant, if they meet
the minimum qualifications set in Section 5.1. If a School Resource Officer or Airport
Resource Officer (Canine Officer) is selected from the certified Sergeant promotional list,
that officer must either give up their current position as SRO or ARO or decline the
Sergeant promotion.
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5.12 Vacancies: The parties acknowledge the value to both the City and the Officers of 24-hour
supervision. To effect this purpose to insure the presence of a Sergeant for each patrol
team on each shift, the parties agree as follows:
5.12.1 This section shall not be construed so as to require the City to assign higher level
duties to anyone if the vacancy is less than four (4) hours.
5.12.2 In the event of an absence or vacancy, either planned or unplanned, the Police Chief
or his designee shall, at their sole discretion, assign an employee to fill the open
shift.
5.13 Temporary FTO: On a temporary as-needed basis, designated employees shall receive a
4% premium for all hours assigned and worked performing FTO duties. Such
assignment(s) may be terminated by Police Command at any time.
5.13.1 Employees performing such temporary FTO duties shall utilize a drop down box
in the time sheet software application to record all hours worked performing FTO
duties.
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5.14 Effective for promotions occurring after January 1, 2019, for purposes of placement on the
wage grid, newly promoted sergeants shall receive credit for all time spent as acting
sergeant during any full-month period during the prior twelve (12) months immediately
preceding promotion.
ARTICLE 6 HOURS OF WORK/OVERTIME
6.1 Shift Schedules – Shift schedules shall be determined by the City. Notwithstanding the
foregoing and subject to Section 6.4.1 and 6.4.2 below, the City shall have the right to
schedule probationary employees to any shift at the sole discretion of the City. For
purposes of this Agreement, the following shift schedules shall apply:
6.1.1 Patrol Officers shall work two consecutive twelve (12) hour shifts followed by two
(2) consecutive days off, followed by three (3) consecutive twelve (12) hour shifts,
followed by two (2) consecutive days off, followed by two (2) consecutive days on,
followed by three (3) consecutive days off.
6.1.2 Officers not assigned to patrol may be scheduled to work 5/8, 5/2 - 5/3, 4/10, 3/12
or other schedules as may be mutually agreed between the City and the Association.
The School Resource Officer shall work Monday through Friday beginning at 7:00
AM and ending at 3:00 PM during the period of time that school is in session,
except as mutually agreed or as necessitated by changes in the school schedule.
During the period of time that school is in recess, the SRO shall be assigned to day
shift or other shift as mutually accepted by the parties.
6.1.3 Alternate work schedules may be implemented by mutual agreement between the
City and the Association.
6.1.4 Employees may trade shifts with the permission of the Chief of Police or designee.
6.2 The parties adopt a fourteen (14) day work period for purposes of Section 7K of the Fair
Labor Standards Act, provided that this shall not affect the manner under which overtime
is currently calculated under the bargaining agreement.
6.3 Work shifts shall be from 6:00 AM to 6:00 PM, 6:00 PM to 6:00 AM, 10:00 AM to 10:00
PM, or 2:00PM to 2:00 AM. Once bid, work shifts shall not be altered absent a vacancy.
In such event, the least senior patrol officer shall be moved to fill the vacancy. Except as
provided in Section 6.7, in no event may work shifts be altered absent 7 (seven) days’
notice or agreement of the parties.
6.4 Shift Selection Process.
6.4.1 Patrol Sergeants and officers shall bid shifts in October of each year to determine
work shifts for the following year.
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6.4.2 Sergeants are generally deployed on each day shift and night shift on each patrol
team. In order to ensure even Sergeant coverage, Sergeants shall bid work shifts
first, prior to patrol officers. Sergeants shall bid for one of the two patrol teams and
either dayshift or graveyard shift on that patrol team by seniority. For purposes of
seniority, Sergeants shall be considered a separate classification. Seniority as a
Sergeant shall be determined from the date of selection as a Sergeant.
6.4.3 Employees without collateral duties shall bid for an available team by seniority.
6.4.4 Once teams have been selected, available shift assignments will be bid upon by
seniority.
6.4.5 Employees with collateral duty assignments, defined herein as Field Training
Officers, School Resource Officer, Detectives, Airport Resource Officers/K9 and
Anti-Crime Team (“Collateral Duty Officers”) who have the same assignment,
shall not be on the same patrol team, unless otherwise approved by the Chief. The
City and the Association recognize that operational requirements may necessitate
changes in the published shift schedule, as determined by the Chief of Police or
designee.
6.5 Meal and Rest Periods - A work shift shall include a thirty (30) minute paid meal period
and three (3) fifteen (15) minute paid rest periods. Such rest periods shall not be added to
the normal meal period or taken at the end of a work shift. Employees shall be subject to
immediate call during meal and rest periods for which no overtime or additional
compensation shall be paid.
6.6 Overtime/Compensatory Time - All work assigned and authorized in advance by the Chief
of Police or his designee in excess of the regular workweek shall be paid at one and one-
half (1 -1/2) times the employee's straight-time rate of pay, or the employee may elect to
accrue compensatory time off at one and one-half (1-1/2) times the actual overtime hours
worked in lieu of overtime pay. Such compensatory time off shall be scheduled with the
approval of the Chief of Police or designee, normally within the next regular calendar
monthly pay period. In the event such compensatory time off cannot be so scheduled, the
employee shall be paid for the overtime as specified above. Employees may accrue up to
a maximum of ninety six (96) hours of compensatory time. Any hours accrued in excess
of said ninety-six (96) hours shall be paid in accordance with this Section. Any
compensatory time not used up by December 15 will be paid out in the late December
paycheck.
6.7 The City shall not reschedule regular work shifts with less than seven (7) calendar days
advance notice, except for emergency conditions, defined as situations in which the City is
unable to fulfill the present scheduling commitments and basic law enforcement
responsibilities without interrupting the present regular work schedule. Emergency
conditions shall normally not include holidays, vacations, court appearances, training
sessions, school classes or functions and/or other special events that could otherwise be
foreseen and scheduled seven (7) calendar days in advance.
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ARTICLE 7 CALLBACK, COURT TIME STANDBY PAY AND TRAINING /
MEETINGS / PHONE CALLS
7.1 Callback - An employee who is called back to work, including for training and
Departmental meetings, after having completed his normal shift and having left the
premises, shall receive callback pay of a minimum of three (3) hours at the overtime rate
of pay; provided however, an employee who is required to report to work prior to his
normal shift and is compensated for all time prior to commencement of his regular shift,
shall be compensated for such pre-shift hours at one and one-half (1 -1/2) times the
employee's regular straight-time rate of pay.
7.2 Court Appearances - Required off-duty appearances in any court or hearing shall be
compensated for the actual time required for the appearance with a minimum of three (3)
hours at one and one-half (1-1/2) times the employee's straight-time rate of pay.
7.3 Employees who are off duty who provide assistance by telephone for an interdepartmental
communication will be compensated at fifteen (15) minute increments at the overtime rate,
provided the phone call lasts seven (7) minutes or longer. Off duty calls that last less than
seven (7) minutes shall be considered de minimis and will not be compensated, except that
if an employee receives a series of phone calls that in total exceed seven (7) minutes in
duration, such time shall be paid in fifteen (15) minute increments. In no circumstance
shall any compensation be provided for calls involving shift scheduling or coverage.
ARTICLE 8 WAGES AND DEFERRED COMPENSATION PLAN
8.1 Wages - Employees covered by this Agreement shall receive the rates of pay as set forth
in Appendix "A" to this Agreement which by this reference shall be incorporated herein as
if set forth in full.
Appendix “A” shall reflect the following:
a. Effective January 1, 202219, the wages in Appendix “A” reflect a market adjustment
of 2.01.5%.
b. Effective July 1, 202219, the wages in Appendix “A” reflect a market adjustment of
13.0.5%.
c. Effective January 1, 20230, the wages in Appendix “A” reflect a market adjustment of
2.51.5%.
d. Effective July 1, 20230, the wages in Appendix “A” reflect a market adjustment of
2.51.5%.
e. Effective January 1, 20241, the wages in Appendix “A” reflect a market adjustment of
2.0%.
f. Effective July 1, 20241, the wages in Appendix “A” reflect a market adjustment of
2.0%.
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8.2 Deferred Compensation Plan - The employee shall have the option of participating in any
deferred compensation plan offered by the City.
8.2.1 Beginning on January 1, 2021, eEach bargaining unit member shall contribute a
minimum of one percent (1%) of their gross base wage (consisting of base salary
and education incentives only) to the deferred compensation plan offered by the
City and the City shall match up to one percent (1%) of the gross base wage
(consisting of base salary and education incentives only) of each participating
bargaining unit member.
8.2.2 Beginning on January 1, 2024, each bargaining unit member shall contribute a
minimum of two percent (2%) of their gross base wage (consisting of base salary
and education incentives only) to the deferred compensation plan offered by the
City and the City shall match up to two percent (2%) of the gross base wage
(consisting of base salary and education incentives only) of each participating
bargaining unit member.
8.2.32 Employees may choose to increase their portion of the contribution should they
choose to defer up to the maximum allowable amount. However, the total amount
deferred monthly may not exceed the maximum allowable per the Deferred
Compensation Program regulations.
8.2.43 It is the responsibility of the employee to fill out and submit enrollment forms before
any match can occur and to contact the State of Washington Deferred Compensation
Program in order to initiate changes to their monthly-deferred amounts. Sufficient
time must also be given to the City's Finance Department for processing.
ARTICLE 9 HOLIDAYS
9.1 The following days are recognized as holidays:
New Year's Day Labor Day
Martin Luther King's Day Veteran's Day
President's Day Thanksgiving Day
Memorial Day Day After Thanksgiving DayNative American
Heritage Day
Juneteenth Christmas Day
Independence Day Christmas Day
Two (2) Personal Holidays for 12 hour employees,
OR
Three (3) Personal Holidays for 8 hour employees
9.2 Payment for all holidays from January through October shall be made once a year on the
first regular payday of November. Payment for all holidays from November through
December shall be made once a year on the first regular payday of January. Payments for
those employees with less than twelve (12) consecutive months of continuous employment
as of November 30th shall be prorated. Employees on military leave shall not receive the
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holiday payout for any holidays that occurred while they are out on military leave.
Employees who permanently change assignments shall receive pro-rated holiday benefits
based on the number of holidays remaining in the year from the date of reassignment.
Employees (other than those assigned to patrol) required to work on a holiday shall be paid
at one and one-half (1-1/2) their straight-time rate of pay.
9.3 Employees assigned to patrol required to work on a holiday shall be compensated at their
regular straight-time rate of pay. Employees assigned to patrol shall receive one hundred
forty-fourfifty-six (144156) hours of pay annually in lieu of holidays.
9.4 Employees may schedule and observe their personal holidays (either two 12 hour shifts or
three 8 hour shifts) with the prior approval of the Chief of Police or designee following six
(6) months of continuous employment. Employees hired June 1st or after in any one (1)
year shall be eligible for the equivalent of twelve personal holiday hours or pay for that
year. Eligible employees who elect the option to observe all their Personal Holidays as
days off shall only receive one-hundred and twenty thirty-two (120132) hours of the pay
specified in Section 9.2.
ARTICLE 10 VACATIONS
10.1 Regular full-time employees shall accrue vacation time as set forth below based on the
employee's continuous length of service as of the most recent anniversary date of his
employment. An employee shall be eligible to take accrued vacation time off with less
than six (6) months continuous employment since his/her most recent date of employment,
if approved at the discretion of the Department.
10.2 Regular full-time employees that begin their employment after November 9, 2015, shall
accrue vacation time as set forth below based on the employee's continuous length of
service as of the most recent anniversary date of his employment. An employee shall be
eligible to take accrued vacation time off with less than six (6) months continuous
employment since his/her most recent date of employment, if approved at the discretion of
the Department.
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10.3 The maximum amount of vacation to be carried over from one calendar year to the next is
300 hours.
10.4 Vacation periods shall be selected by seniority. Vacation requests shall be submitted in
writing by January 1st for proper scheduling. Vacation requests submitted after January 1st
shall be responded to by the Chief of Police or designee within two (2) weeks following
submittal. After the January 1st date any vacation requests shall be subject to availability.
Individuals assigned to be Airport Resource Officers may not schedule vacation time
during the Annual Arlington Fly-In.
10.5 In no event shall an employee's combined vacation and sick leave benefits payable upon
termination or retirement exceed two-hundred forty (240) hours in accordance with RCW
41.50.150.
10.6 During the term of this Agreement, the Chief of Police or designee will on an ongoing basis
evaluate and determine the ability of the Department to absorb military leave time in
determining the number of employees scheduled off on vacation.
10.7 Subject to the Patrol Sergeant’s discretion, no more than one employee may be off during
each day/mid shift and no more than one employee may be off during each
swing/graveyard shift. There must be no increase in cost to the City to allow more than
one person off per day/mid shift or swing/graveyard shift.
ARTICLE 11 SICK LEAVE, FAMILY LEAVE AND FUNERAL LEAVE
11.1 Sick Leave - Regular full-time employees (regular part-time employees prorated) shall
accumulate sick leave with pay at the rate of twelve (12) hours per month of service;
provided however, no employee shall carryover accumulation greater than one thousand
(1,000) hours into the next year. Any sick leave accrued over one thousand (1,000) hours
as of December 31st each year shall be cashed out at a rate of one third (1/3) of such leave
and such amount shall be deposited into the employee’s HRA VEBA account.
11.1.1 Effective at the time of their hiring date, each new employee hired by the
Department shall receive an initial sick leave bank equal to forty-eight (48) hours
of accrued sick leave (“New Employee Sick Leave”). Any New Employee Sick
Leave used by a new employee during that employee’s first (1st) six (6) calendar
months of employment will be drawn against that employee’s regular sick leave
accrual under the terms of this Section 11.1.1 such that if a new employee does not
take any New Employee Sick Leave during that new employee’s first (1st) six (6)
months, at the end of that six (6) month period, the new employee will have forty-
eight (48) hours of accrued sick leave.
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11.1.21 Accrued sick leave may be utilized in the event of an employee's personal
illness, accident or disability, or that of a member of the employee's immediate
family as defined by Section 11.2.1 below.
11.1.32 Sick Leave may be utilized for care of dependent children eighteen (18)
years of age or younger living within the household in accordance with applicable
state statutes.
11.1.43 Sick leave may also be utilized for any circumstances covered under the
Washington Family Care Act, RCW 49.12.270, as well as WAC 296-130-
030.
11.1.54 Upon voluntary quit, disability retirement or retirement, employees shall be
paid for unused sick leave on the basis of eight (8) hours for every twenty-four (24)
hours of accumulated sick leave, subject to Section 11.1.5 .
11.1.65 In no event shall an employee receive combined sick leave and vacation
benefits payable upon termination or retirement exceeding two hundred forty (240)
hours in accordance with RCW 41.50.150.
11.1.76 Sick leave shall not be charged against an employee on a regularly
scheduled day off.
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11.1.87 Sick leave shall be granted upon application before or within reasonable
time after the absence, depending on the circumstance of each case. Each employee
shall use sick leave solely for the purposes permitted by this Article or by state law.
Utilization of sick leave for any other purpose shall be cause for disciplinary action.
The City may require that the employee furnish a physician’s statement for
absences of four or more days indicating that the use of sick leave was necessary
for the employee or employee’s immediate family member, and was for the
purposes stated in this Article. The physician’s note, however, need not explain the
nature of the medical condition except as may be necessary for Family Medical
Leave certification. The City may still separately request treatment provider
authorization for return to duty when applicable.
11.1.98 Sick leave benefits shall run concurrently with Law Enforcement Officers
and Fire Fighters (LEOFF) provisions and in no case shall there be application of
benefits which would exceed the maximum(s) outlined in the LEOFF Act. No sick
leave shall be accrued during disability leave.
11.1.109 In the event employees are absent for reasons which are covered by State
Industrial Insurance, the City shall pay the employee an amount equal to the
difference between the amount paid the employee by the Department of Labor and
Industries and the amount the employee would have otherwise been eligible to
receive in sick leave. Such payment(s) to the employee shall be made at such times
as the difference is reasonably determinable. A deduction shall be made from the
employee's accumulated sick leave in accordance with the amount paid to the
employee by the City until such time as the employee’s accumulated sick leave is
depleted. Employees shall have the option of using or not using accrued sick leave
in conjunction with State Industrial.
11.2 Emergency Leave - In the event of a death or critical illness in the employee's "immediate
family", he may be granted leave of absence not to exceed three (3) working days with pay.
11.2.1 The term "immediate family" shall be defined as spouse, state-registered domestic
partner and children of the employee and/or grandmother, grandfather, mother,
father, brother, sister, father-in-law, mother-in-law.
11.2.2 An employee on shift may be excused by the Chief of Police or designee to attend
funeral services of a deceased City employee without loss of pay.
11.3 Family Leave - Family leave will be made available to qualified employees pursuant to
current state and federal law (Family Care Act, Family Leave Act, and Family and Medical
Leave Act).
11.4 Paid Family Medical Leave - Beginning with the January 7, 2019 paycheck, aAs required
by the new Washington State Paid Family Medical Leave law, the City will contribute
.64% of employee pay to the program, of which, 73.2263% (.73226333) will be from
withholding from employee paychecks and 26.7837% (.36672678) shall be paid by the
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City. Contribution amounts and the percentage split of contributions between employee
and employer will be adjusted to the current amount per State law, should they change.
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11.4.1 Upon thirty (30) days’ notice at the conclusion of the State rulemaking process,
either party may request to bargain the impacts of the new Paid Family Medical
Leave benefits prior to their implementation in 2020.The bargaining unit shall
participate in the City’s Paid Family Medical Leave (PFML) policy, including the
option of supplementation of State PFML benefits with City-Paid leave according
to the terms therein.
ARTICLE 12 HEALTH AND WELFARE INSURANCE BENEFITS
12.1 General – Eligibility and continued employee and dependent participation in any group
insurance or other financially based benefit plan provided by the City shall be in
accordance with the applicable Group Insurance Plan Document or Master Plan
Agreement.
12.2 Medical and Dental Benefit - The City agrees to pay the premium cost for all employees
and their dependents for the medical, dental and life insurance coverage mutually agreed
upon by the Association and the City less 1% of top step police officer, which will be paid
by the Employee.
12.2.1 The Association and the City agree that the medical insurance will be through
LEOFF Health and Welfare Trust.
12.2.2 Group Dental - The City shall pay one hundred percent (100%) of the premiums
for eligible enrolled employees and their dependents for coverage under the AWC
Group Dental Plan during the term of this Agreement.
12.2.3 Group Vision – Vision coverage is included as part of the benefit received through
the LEOFF Health and Welfare Trust.
12.2.4 Group Long Term Disability - The City shall pay one-hundred percent (100%) of
the premiums for eligible enrolled employees only for coverage under the AWC
Group Long Term Disability Insurance Plan during the term of this Agreement.
12.2.5 Group Life and Accidental Death and Dismemberment Insurance (AD&D) - The
City shall pay one hundred percent (100%) for the premiums for eligible enrolled
employees only for coverage under the AWC Group Life and AD&D Insurance
Plan during the term of this Agreement.
12.2.6 Employee Assistance Program (EAP) - The City shall pay one hundred percent
(100%) for the premiums for eligible enrolled employees only for coverage under
the AWC EAP 1-8 Visit Buy-Up Plan during the term of this Agreement, if
available.
12.3 Health Reimbursement Arrangement (HRA):
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12.3.1 The City will establish a single account which holds all HRA funds. All costs
associated with the account are City costs. Monthly, the City shall fund the HRA
account with real dollars for each bargaining unit member as follows:
Employee with no spouse or dependent $176.00
Employee with spouse and/or dependent $343.00
12.3.2 The HRA may be used for all IRS allowable expenses.
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12.3.3 Accumulated balances will rollover each year with no cap on accumulated account
totals.
12.3.4 Individual account funds shall rollover accumulated amounts as indicated above
and shall include a survivorship option in the event of the Employee’s death and
have continued reimbursement rights until all funds are used.
12.3.5 Individuals separating from the City shall continue to have access to their HRA
balance (until depleted) as provided above. Separated employees shall pay for any
fees incurred in maintaining the account. Employees separating with a negative
HRA balance shall have the amount deducted from their final pay.
12.4 HRA Third Party Administrator - The HRA Third Party Administrator (TPA) shall be
determined through a cooperative effort of labor and management. All costs associated
with the TPA are City costs.
12.5 Benefits while on leave without pay or separation (within COBRA): The City will make
available to the Employee on leave without pay or separated from the City the current
medical and dental benefits at no cost to the City to the extent allowed under COBRA Law.
12.6 Benefit while on Disability Leave: The City will provide Employees on disability leave the
benefit outlined in this Article.
12.7 The City reserves the right to change group insurance carriers at any time at its sole
discretion, providing a generally comparable level of benefits are provided. In the event
that State or Federal Mandated group medical and/or dental program is available at lower
cost to the City during the term of this Agreement, the City shall have the right to
implement such plan upon its availability.
ARTICLE 13 UNIFORM, CLOTHING ALLOWANCE AND CLEANING
ALLOWANCE ACCOUNT
13.1 The City shall provide each new regular full-time police officer with the following list of
uniform, weapon, handcuffs, leather goods and other equipment authorized and required.
UNIFORM ITEMS
Class A Shirt 1 each
Class A Trouser 1 each
Shirts – Long/Short Sleeve / Coolmax 4 total (2 long sleeve and 2 short sleeve)
BDU Pants 2 each
Jumpsuit 1 each
Stocking cap / beanie 1 each
Ties 2 each
Tie Pin 1 each
Jacket (utility) 1 each
Approved Chemical Agent 1 each
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January 1, 202219-December 31, 202421
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Chemical Agent Holder 1 each
Baton 1 each
Baton Holder 1 each
Handcuffs 2 each
Handcuff Holder 2 each
Holster 1 each
Magazine Holder 2 each
Underbelt 1 each
Keeper 2 each
Flashlight Holder 1 each
Radio Holder 1 each
Ear Piece 1 each
Body Armor 1 each
Duty handgun 1 each
Lock Box 1 each
Shoes 1 pair
Boots 1 pair
Collar Microphone 1 each
Patrol Gloves 1 pair
Duty Belt 1 each
13.2 Uniform Cleaning - All uniform cleaning shall be done by a cleaning service vendor
selected and paid for by the City at the City’s sole discretion. Detectives may have a
maximum of four garments cleaned per week, so long as those garments are not wash and
wear.
13.3 Uniform Replacement - The City shall replace or repair all approved uniforms and
equipment as necessary as determined in the discretion of the City and at the City’s sole
cost and expense.
13.4 All initial issue and replacement uniforms and equipment items and vendor(s) shall be
approved in advance by the Chief of Police or designee.
13.5 The Chief of Police or designee shall determine the appropriate uniform for each work
shift.
13.6 All uniforms and equipment issued by the City to each employee shall remain the property
of the City.
13.7 Jumpsuits are an authorized uniform under the agreement and can be worn at the discretion
of the employee, provided, however, that jumpsuits may not be worn for funerals, court
appearances, honor guard presentations, honor and award ceremonies, or other ceremonies
of a similar nature.
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ARTICLE 14 MISCELLANEOUS
14.1 Civil Service - The City shall make available to each employee covered by this Agreement
a copy of the current City of Arlington Civil Service Commission Rules and Regulations.
14.2 Beneficiary - In the event of the death of an employee covered by this Agreement, all wages
and benefits payable shall be paid to the designated beneficiary(s) or estate.
14.3 Accreditation - Should the Arlington Police Department seek accreditation by the
Washington Association of Sheriffs and Police Chiefs (WASPC), the Association and
employees covered by this agreement pledge their full cooperation toward the Department
obtaining said accreditation.
14.4 Outside Employment - All outside employment by members of the bargaining unit must
be approved in advance by the Chief of Police or designee.
14.5 Physical Fitness - The City agrees to make available to any bargaining unit member
discounts available to other City employees at health and fitness facilities. In addition, the
City will make available to bargaining unit members the exercise facilities at the Arlington
Fire Department.
14.6 Firearm Training Ammunition - Employees shall be furnished fifty (50) rounds of
ammunition per month for use in training with their Department issued handgun. When
separating from employment, the employee shall be required to turn in to the Chief of
Police or his designee, all ammunition not expended.
ARTICLE 15 DISCIPLINE
15.1 The City shall not discipline an employee who has completed the probation period without
just cause, but in respect to discharge or suspension shall be given at least one (1) warning
letter of the complaint against such employee to the employee in writing and a copy of the
same to the Association, except that no warning letter need be given to an employee before
he is discharged or suspended if the cause of such discharge or suspension is for theft, gross
insubordination, gross negligence, dishonesty, impairment on duty, intoxication on duty,
and/or drunkenness on duty, and/or issues of parallel magnitude. Warning letters to be
considered as valid, shall be issued within thirty (30) days after the occurrence or
knowledge of the occurrence of this violation by the City in such warning letter, or other
reasonable time, unless the nature of the offense or the complexity of the investigation
makes this procedure impractical.
15.2 An employee may have an Association representative or another employee present at all
meetings with the City during disciplinary or discharge proceedings.
15.3 Disciplinary action or measures may include oral reprimand, written warning, loss of leave,
suspension or discharge, or other appropriate action.
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15.4 In the event a member is imposed suspension with loss of pay through the discipline
process in Article 15, the Association or member may request the member use leave time
in lieu of suspension with loss of pay. The request will be reviewed by the City
Administrator or designee, the Chief of Police or designee, and the Association President
or designee to determine member eligibility. The final decision will be made by the City
Administrator or designee.
15.5 All employees have the right to view their entire personnel file. Employees wishing to
view their files shall give the City advanced notice and establish an agreed time and place
to view said file. An employee shall be permitted to read any disciplinary material before
it is placed in his/her file. The employee shall be able to rebut such material in writing and
the rebuttal will be placed in the file. The City will notify employees before any
disciplinary or otherwise negative materials are added to their files.
ARTICLE 16 GRIEVANCE PROCEDURE
16.1 All matters pertaining to the proper application and interpretation of any and all of the
provisions of this Agreement shall be adjusted by utilizing the following procedure or
referral to the City of Arlington Civil Service Commission for resolution.
16.2 STEP 1 - The Association and/or employee shall promptly attempt to resolve the grievance
informally with the Chief of Police or designee. If the matter is not resolved informally
the Association may refer the grievance in writing to the City Administrator or designee
within thirty (30) calendar days of its occurrence or the date the employee should have
reasonably known of its occurrence. The written grievance shall include a statement of the
facts of the matter, the Article of the Agreement allegedly violated, and the remedy sought.
The City Administrator or designee shall notify the employee and the Association within
fourteen (14) calendar days of his or her decision on the matter.
If no resolution to the grievance is reached after the City Administrator’s decision, the
Association and the City may mutually agree to submit the grievance to mediation. Within
fourteen (14) calendar days, the two (2) parties shall agree upon a mediator drawn from a
panel of neutral mediators trained in grievance mediation. The mediator will attempt to
assure that all necessary facts and considerations are disclosed, but will not have authority
to compel resolution of the grievance. The parties will not be limited solely to the facts
and arguments presented at the earlier steps of the grievance procedure. No transcript or
record of the mediation conference will be made, nor will formal rules of evidence be
followed.
16.3 STEP 2 - If the grievance is not settled in STEP 1, the Association may refer the grievance
to arbitration. If the City and the Association cannot mutually agree to a neutral arbitrator,
the parties shall jointly request a list of nine (9) names of qualified arbitrators from the
Public Employment Relations Commission (PERC). The Association and the City shall
alternately strike names from the list until only one (1) name remains, which shall serve as
the neutral arbitrator. The right to strike first shall be determined by the flip of a coin. The
arbitrator shall hold a hearing and issue a decision which shall be final and binding on both
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parties; provided however, the arbitrator shall have no power to render a decision that will
add to, subtract from, alter, change or modify the terms of this Agreement, and the
arbitrator's power shall be limited to interpretation and application of the express terms of
this Agreement. The grievance arbitrator selection process for cases which State law
requires the assignment of an arbitrator from PERC’s certified list of arbitrators shall be in
accord with State law requirements, notwithstanding any contrary provision(s) in this
Section 16.3.
16.4 It is expressly acknowledged that bargaining unit members have the option of pursuing
certain grievances through the Arlington Civil Service Commission. The Association shall
not pursue a grievance through the grievance procedure of this Agreement concerning any
matter filed by an individual employee with the Civil Service Commission. Such filing
with the Civil Service Commission constitutes an election of remedies.
16.5 Each party shall bear the cost of presenting its own case, including its own attorney’s fees,
if any. The expenses of the arbitrator shall be shared equally by the City and the
Association.
16.6 Time limits may be waived by mutual agreement of the parties.
ARTICLE 17 – PATROL TAKE-HOME VEHICLE PROGRAM
17.1 The City is in a multi-year process to add fleet vehicles to the Police
Department. Going forward from ratification of this agreement, the following shall apply as it
relates to take-home vehicles for staff assigned to Patrol:
17.1.2 Take-home vehicles may only be assigned in amount based on the
operational needs of the department and a minimum amount (as determined by the City
Administrator or their designee) of patrol-equipped vehicles must be kept in reserve at all times
and not assigned to a specific staff member. This may vary by shift availability.
17.1.3 The City is committed to adding to the existing police fleet and has or will
budget to provide for the existing amount of vehicles available for Patrol shift assignments (the
amount of vehicles listed below include both take-home and reserve or “breakdown” vehicles):
17.1.31 During 2022 = at least 5
17.1.3.2 During 2023 = at least 7
17.1.3.3 During 2024 = at least 9
17.1.3.4 Vehicle amounts in the above sub-sections are subject to change
based on actual out-of-service vehicles and actual availability of vehicles.
17.1.4 Once assigned a vehicle, that will be the patrol officer’s primary
vehicle until such time as it is due for replacement or is assigned a different vehicle by the Chief
of Police or their designee. There shall never be a “re-bid” for vehicles. The patrol officer who
doesn’t have a take-home care assigned or who drives the oldest car in the take-home vehicle pool
shall be assigned the new take-home vehicle when acquired. Patrol officers on FTO and Probation
City of Arlington/Arlington Police Officers Association
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shall not be eligible for assignment of a take-home vehicle until such time as they have completed
their FTO or Probation period.
17.1.5 If an assigned vehicle is out-of service, whomever was assigned that
vehicle shall use a reserve or “breakdown” vehicle until such time as their assigned take-home
vehicle is repaired or replaced.
17.1.6 Take-home vehicles may only be assigned to staff residing within twenty
(20) miles of the boundary of the City of Arlington. An exception of up to an additional five (5)
miles [for a total of up to twenty-five (25) miles] may be made with the prior approval of the City
Administrator or their designee.
ARTICLE 18 CITY LIABILITY POLICY COVERAGE
18.1 City Liability Policy Terms – The City currently contracts with and participates as
part of the Washington Cities Insurance Association (WCIA) risk pool. The City shall
provide the Union with the current terms of it is liability coverage for 2022 when
available in final form. The City shall provide the Union with any revisions to the 2022
liability coverage language within fourteen (14) days of receipt of any such language in
final non-draft form.
ARTICLE 197 MANAGEMENT RIGHTS
17.1 All management rights, power, authority and functions, whether heretofore or hereafter
exercised, and regardless of the frequency or infrequency of their exercise, shall remain
vested exclusively in the City. It is expressly recognized that such rights, powers, authority
and functions include, but are by no means whatever limited to the full and exclusive
control, management and operation of its business and its activities, business to be
transacted, functions to be performed and method pertaining thereto; the location of its
offices, places of business and equipment to be utilized and the layout thereof; subject to
the terms of this Agreement and any statutory obligation to bargain the right to establish or
change shift schedules of work, evaluations and standards of performance; the right to
establish, change, combine or eliminate jobs, positions, job classifications and descriptions;
the right to establish compensation for new or change jobs or positions; the right to
establish new or change existing procedures, methods, processes, facilities, or make
technological changes; the right to maintain order and efficiency; consistent with existing
practice the right to contract or subcontract any work; the right to designate the work and
functions to be performed by the employees covered by this Agreement and the places
where it is to be performed; the determination of the number, size and locations of its office
and other places of business of any part hereof, the right to make and enforce safety and
security rules and rules of conduct; the determination of the number of employees and the
direction of the employees, including but by no means whatever limited to hiring, selecting,
assigning and training of new employees, disciplining, suspending or discharging for just
cause.
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17.2 The City and the Association agree that the agreement statement of management rights
shall be for illustrative purposes only and is not to be construed or interpreted so as to
exclude those prerogatives not mentioned which are inherent to management including
those prerogatives not granted by law. It is the intention of the City and the Association
that the rights, powers, authority and functions of management shall remain exclusively
vested in the City except insofar as expressly and specifically surrendered or limited by the
express provisions of the Agreement. The exercise of these rights shall not be subject to
the grievance procedure of this Agreement. The City and the Association further agree
that nothing contained in this Article shall be deemed to waive the Association’s rights
under RCW 41.56 et seq to bargain changes in mandatory subjects of bargaining.
ARTICLE 2018 NO STRIKES OR LOCKOUTS
18.1 The City and the Association recognize that the public interest requires the efficient and
uninterrupted performance of all City’s services and to this end pledge their best efforts to
avoid or eliminate any conduct contrary to this objective. During the term of this
Agreement the Association shall not cause or condone any work stoppage, strike,
slowdown or other interference with City functions by employees under this agreement,
and should same occur, the Association shall take all steps to end such interference
immediately. Employees who engage in any of the afore-referenced actions may be subject
to disciplinary action up to and including discharge. The City shall not lock out any
employee during the life of this Agreement. Any claim by the City that the Association
has violated this Article shall not be subject to the grievance procedure of this Agreement
and the City shall have the right to submit such claims to the courts.
ARTICLE 2119 SEPARABILITY AND SAVINGS
19.1 Should any provision of this Agreement be held invalid by operation of law or by any
tribunal of competent jurisdiction, or if compliance or enforcement of any provisions
should be restrained by such tribunal pending a final determination as to its validity, the
remainder of this Agreement as it relates to persons or circumstances other than those to
which it has been held invalid shall not be affected thereby. In the event that any provision
of this Agreement is held invalid or enforcement of or compliance with the same has been
restrained, as hereinafter set forth, the City and the Association shall enter into immediate
collective bargaining negotiations, upon the written request of either party, for the purpose
of arriving at a mutually satisfactory replacement for such provision during the period of
invalidity or restraint.
ARTICLE 220 DURATION
20.1 This Agreement shall be effective January 01, 20192022, unless otherwise provided for
herein, and shall remain in full force and effect through December 31, 20241, and year to
year thereafter, unless written notice is given by the City to the Association or the
Association to the City not later than September 01, 20241 to the effect that the City or the
Association wishes to terminate or modify the Agreement.
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January 1, 202219-December 31, 202421
25
Arlington Police Officers’ Association City of Arlington
By: _______________________________ By: ______________________________
Seth Kinney,Rory Bolter, President Barbara Tolbert, Mayor
Date: _______________________________ Date: _____________________________
City of Arlington/Arlington Police Officers Association
Collective Bargaining Agreement
January 1, 202219-December 31, 202421
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APPENDIX "A"
to the
AGREEMENT
by and between
THE CITY OF ARLINGTON, WASHINGTON
and
ARLINGTON POLICE OFFICERS ASSOCIATION
(Representing the Law Enforcement Officers)
January 01, 2022019 through December 31, 2024221
THIS APPENDIX is supplemental to the AGREEMENT by and between the CITY OF
ARLINGTON, WASHINGTON, hereinafter referred to as the City, and ARLINGTON POLICE
OFFICERS ASSOCIATION, hereinafter referred to as the Association.
A.1 Effective January 01, 20192022, the wages below reflect a market adjustment of 2.01.5%.
The monthly rates of pay for employees covered by this Agreement shall be as follows:
POLICE OFFICER
Step A
0-12 M
Step B
13-24 M
Step C
25-36 M
Step D
37-48 M
Step E
49-60 M
Step F
61+ M
5,5356,142 5,7966,432 6,0706,735 6,3577,054 6,6557,385 6,9697,735
SERGEANT
Step B
0-6 M
Step C
7-18 M
Step D
19-30 M
Step E
31-42 M
Step F
43+ M
7,4018,213 7,7348,583 8,0828,968 8,4479,375 8,8279,794
A.2 Effective July 01, 202219, the wages below reflect a market adjustment of 3.01.5%. The
monthly rates of pay for employees covered by this Agreement shall be as follows:
POLICE OFFICER
Step A
0-12 M
Step B
13-24 M
Step C
25-36 M
Step D
37-48 M
Step E
49-60 M
Step F
61+ M
5,6186,327 5,8836,625 6,1616,937 6,4527,266 6,7557,606 7,0747,967
SERGEANT
Step B
0-6 M
Step C
7-18 M
Step D
19-30 M
Step E
31-42 M
Step F
43+ M
7,5128,459 7,8508,841 8,2039,237 8,5749,656 8,95910,088
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January 1, 202219-December 31, 202421
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A.3 Effective January 01, 20230, the wages below reflect a market adjustment of 2.51.5%. The
monthly rates of pay for employees covered by this Agreement shall be as follows:
POLICE OFFICER
Step A
0-12 M
Step B
13-24 M
Step C
25-36 M
Step D
37-48 M
Step E
49-60 M
Step F
61+ M
5,7026,485 5,9716,791 6,2537,111 6,5497,448 6,8567,797 7,1808,166
SERGEANT
Step B
0-6 M
Step C
7-18 M
Step D
19-30 M
Step E
31-42 M
Step F
43+ M
7,6258,671 7,9689,062 8,3269,468 8,7039,897 9,09310,340
A.4 Effective July 01, 20230, the wages below reflect a market adjustment of 2.51.5%. The
monthly rates of pay for employees covered by this Agreement shall be as follows:
POLICE OFFICER
Step A
0-12 M
Step B
13-24 M
Step C
25-36 M
Step D
37-48 M
Step E
49-60 M
Step F
61+ M
5,7886,647 6,0616,960 6,3477,288 6,6477,634 6,9597,991 7,2888,370
SERGEANT
Step B
0-6 M
Step C
7-18 M
Step D
19-30 M
Step E
31-42 M
Step F
43+ M
7,7398,888 8,0889,288 8,4519,704 8,83410,145 9,22910,599
A.5 Effective January 01, 20241, the wages below reflect a market adjustment of 2.0%. The
monthly rates of pay for employees covered by this Agreement shall be as follows:
POLICE OFFICER
Step A
0-12 M
Step B
13-24 M
Step C
25-36 M
Step D
37-48 M
Step E
49-60 M
Step F
61+ M
5,9046,780 6,1827,100 6,4747,434 6,7807,786 7,0988,151 7,4348,537
SERGEANT
Step B
0-6 M
Step C
7-18 M
Step D
19-30 M
Step E
31-42 M
Step F
43+ M
7,8949,065 8,2509,474 8,6209,899 9,01110,348 9,41410,811
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January 1, 202219-December 31, 202421
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A.6 Effective July 01, 20241, the wages below reflect a market adjustment of 2.0%. The
monthly rates of pay for employees covered by this Agreement shall be as follows:
POLICE OFFICER
Step A
0-12 M
Step B
13-24 M
Step C
25-36 M
Step D
37-48 M
Step E
49-60 M
Step F
61+ M
6,0226,916 6,3067,242 6,6037,583 6,9167,942 7,2408,314 7,5838,708
SERGEANT
Step B
0-6 M
Step C
7-18 M
Step D
19-30 M
Step E
31-42 M
Step F
43+ M
8,0529,247 8,4159,664 8,79210,907 9,19110,555 9,60211,027
A.7 Wage Step Increases - Any wages STEP increase shall become effective the first of the
month coincident with or next following the employee's anniversary date of employment.
A.8 Longevity Pay - Longevity pay shall be administered as follows:
A.8.1. Starting with the 6th year of service: 2%
Starting with the 9th year of service: 4%
Starting with the 12th year of service: 6%
Starting with the 18th year of service: 8%
A.8.2 Longevity shall be calculated from the employee’s base monthly salary, not
including any incentive pay for education or specialties
A.8.3 Longevity shall be added to the employee’s base monthly salary.
A.8.4 Longevity adjustments shall become effective the first of the month, coincident
with or next following the employee’s anniversary date of employment.
A.9 Specialty Assignments
A.9.1 Pay for Specialty Assignments - An employee assigned the duty of Rangemaster,
EVOC, Defensive Tactics Instructors, Field Training Officers, Traffic Officer,
School Resource Officer, Detective, Airport Resource Officer and Anti-Crime
Team shall receive a premium equal to four percent (4%) of his/her base rate of pay
during the period of such assignment.
A.9.2. Specialty Assignment Rotation.
A.9.2.1 The following Specialty Assignments will have a four (4) year rotation,
with a one year extension at the discretion of the Chief:
• Detective (including Detective assigned to the Snohomish Regional
Drug & Gang Task Force)
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January 1, 202219-December 31, 202421
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• Defensive Tactics Instructor
• Field Training Officer
• Firearms Instructor / Armorer
• School Resource Officer
• Airport Resource Officer/K9 Handler (if assigned K9, position is
held until retirement of the K9)
• Anti-Crime Team
A.9.2.2 The following Specialty Assignments will have a five (5) year rotation,
with a one year extension at the discretion of the Chief:
• Detective Sergeant
A.9.2.3 The following Specialty Assignments will have a four (4) year rotation,
with a variable one to two (1-2) year extension at the discretion of the
Chief:
• Traffic Officer / EVOC Instructor: extension of one (1) year, at the
discretion of the Chief, if the Traffic Officer does not receive
Accident Reconstructionist certification.
• Traffic Officer / EVOC Instructor: extension of two (2) years, at the
discretion of the Chief, if the Traffic Officer receives Accident
Reconstructionist certification.
• Traffic Officer / EVOC Instructor shall attend the EVOC Instructor
Training at the first available opportunity.
A.9.3 Apprenticeship Program for Specialty Assignments.
A.9.3.1 One (1) apprenticeship position will be made available for each of the
following positions:
• Firearms Instructor / Armorer
• Defensive Tactics Instructor
• EVOC Instructor
A.9.3.2 The 4% premium for the three specialty assignments listed in Section
A.9.3.1 will be split between the primary (3%) and the apprentice (1%).
A.9.4. Traffic Officer
A.9.4.1 The Traffic Services Officer position is intended to assist in the
reduction of traffic collisions and traffic-related issues, and to improve
safety for motorists on roadways in the City of Arlington. The Traffic
Services Officer assignment may include, but is not limited to: traffic
violation enforcement, commercial vehicle enforcement, collision
investigation, public awareness education, city employee driving
training, emergency vehicle operation course instruction, speed
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measuring device instruction, acting as a liaison to Washington State
traffic enforcement programs, and obtaining traffic safety grants.
A.9.4.2 Work days/work hours: The Traffic Services Officer(s) shifts will be
mutually agreed upon as outlined in the current Collective Bargaining
Agreement. The work hours will be determined by the Chief or his
designee and Traffic Service Officer and notice of a schedule
adjustment will follow the current collective bargaining agreement.
A.9.5 Canine Officers
A.9.5.1 On average, K-9 Officers spend approximately thirty (30) minutes per
day in compensable off-duty time for the routine duty related care and
maintenance of an assigned dog. For purposes of compensating K-9
Officers for this off-duty work, the parties agree that K-9 Officers shall
be compensated at the rate of three and one-half (3 ½) hours per week
at the Officer’s regular rate of pay for purposes of full compensation
for routine care and maintenance of the dog.
A.9.5.2 In the event of serious injury or illness of the dog requiring multiple
visits to the veterinarian and/or extended home care by the K-9 Officer,
the K-9 Officer shall be paid for actual hours worked off duty necessary
to care for the dog. The regular rate of pay for this work shall be the
Officer’s regular rate of pay. The K-9 Officer shall notify the Chief of
Police or his/her designee in the event such a circumstance arises.
A.9.5.3 The provisions of this agreement apply exclusively to the off-duty, at-
home care and maintenance of the dog. All other provisions of the
collective bargaining agreement between the parties relating to
compensation shall remain in full force and effect and are not modified
by this agreement.
A.9.5.4 The City reserves the right to remove the K-9 from service and relieve
the K-9 Officer from the responsibility to care for the K-9 at any time.
Provided, if the K-9 is removed from service with the City, the K-9
Officer shall have the option to purchase the dog from the City for
$1.00.
A.9.6 Detective Clothing Allowance
A.9.6.1 Detectives, by virtue of the nature of their assignment, are required to
dress in “plainclothes” while on duty. Further, this attire must be
suitable for both routine duties and for appearance in Court and other
legal proceedings.
City of Arlington/Arlington Police Officers Association
Collective Bargaining Agreement
January 1, 202219-December 31, 202421
31
A.9.6.2 In order to compensate Detectives for the purchase and wear and tear on
their clothes while on duty, Detectives shall receive a yearly clothing
allowance of $1000.00 per year. Effective on ratification, new
Detectives will receive the allowance on the date of appointment as a
Detective, and on each annual anniversary of their appointment.
A.9.6.3 The Detective clothing allowance shall be paid by separate check in
January of each year for employees currently assigned as Detective.
A.9.6.4 Employees newly assigned to a Detective position shall receive the
clothing allowance prior to the start of their assignment.
A.10 Education Incentive Pay
A.10.1 Employees covered by this Agreement with an Associate of Arts or Science degree
in the Criminal Justice field, Behavioral Science(s), Public Administration or an
allied field subject to the approval of the City Administrator or his or her designee
shall receive an extra two percent (2%) of the applicable wage rate in Section A.1
thru A.6 or as amended.
A.10.2 Employees covered by this Agreement with a Bachelor of Arts or Science degree
in the Criminal Justice field, Behavioral Science(s), Public Administration or an
allied field approved by the City Administrator or designee shall receive an extra
four percent (4%) of the applicable wage rate in Section A.1 thru A.6 or as
amended.
A.10.3 Employees covered by this Agreement with a Masters of Arts or Science degree in
the Criminal Justice field, Behavioral Science(s), Public Administration or an allied
field approved by the City Administrator or designee shall receive an extra six
percent (6%) of the applicable wage rate in Section A.1 thru A.6 or as amended.
A.11 Employees wishing to pursue higher education (i.e., AA, BA/BS, MA/MS, etc.) may apply
for education assistance for courses taken at an accredited college or university. Approval
must be obtained prior to commencement of each course per semester. Generally, approval
for reimbursement of educational expenses requires that the course be directly related to
the employee’s present position or to a career path that reasonably relates to similar types
of positions or bargaining unit work. Initial approval of a course does not obligate the City
to future/continued approval of courses in that field of study.
A.12 Non-Pyramiding. Premium and Overtime Pay shall not be duplicated or pyramided except
as may be required by the Fair Labor Standards Act. In no event shall premium or overtime
pay be based on other than the employee’s regular straight time hourly rate of pay. If an
employee holds more than one specialty pay title (e.g., Rangemaster and EVOC), that
employee shall receive no more than one (1) four percent (4%) pay increase under
paragraph A.9, above.
City of Arlington/Arlington Police Officers Association
Collective Bargaining Agreement
January 1, 202219-December 31, 202421
32
Arlington Police Officers’ Association City of Arlington
By: _______________________________ By: ______________________________
Seth KinneyRory Bolter, President Barbara Tolbert, Mayor
Date: _______________________________ Date: _____________________________
City of Arlington/Arlington Police Officers Association
Collective Bargaining Agreement
January 1, 202219-December 31, 202421
33
MEMORANDUM OF UNDERSTANDING
by and between
THE CITY OF ARLINGTON, WASHINGTON
and
ARLINGTON POLICE OFFICERS’ ASSOCIATION
LATERAL HIRE VACATION ACCRUAL
THIS MEMORANDUM OF UNDERSTANDING is entered into by and between the City
of Arlington, Washington, hereinafter referred to as the City, and the Arlington Police Officers’
Association hereinafter referred to as APOA.
The City and APOA are parties to a Collective Bargaining Agreement dated January 1, 202219,
which covers wages, hours of work, vacation accrual, and other working conditions from
January 1, 202219, through December 31, 20241, hereinafter referred to as the “Agreement”.
The parties acknowledge and agree as follows:
1. The parties agree that in 202219 and on, employees hired as lateral applicants may
negotiate their monthly vacation accrual, up to a maximum of the vacation that would be
accrued given their combined length of service as a commissioned law enforcement officer
with other agencies within and out of the State of Washington. After the initial placement
on the vacation accrual table in Section 10.2 of the Agreement, all subsequent increases in
accrual shall be as provided in Section 10.2.
2. This MOU shall remain in full force and effect until December 31, 20241, or until such
time as a successor collective bargaining agreement is in place, whichever occurs later.
Arlington Police Officers’ Association (APOA) City of Arlington
By: _______________________________ By: ______________________________
Rory BolterSeth Kinney, President Barbara Tolbert, Mayor
Date: _______________________________ Date: _____________________________
City of Arlington/Arlington Police Officers Association
Collective Bargaining Agreement
January 1, 202219-December 31, 202421
34
MEMORANDUM OF UNDERSTANDING
by and between
THE CITY OF ARLINGTON, WASHINGTON
and
ARLINGTON POLICE OFFICERS’ ASSOCIATION
AGREEMENT ON OFF-DUTY WORK HOURS
THIS AGREEMENT is entered into by and between the City of Arlington, Washington,
hereinafter referred to as the City, and the Arlington Police Officers’ Association hereinafter
referred to as APOA.
The parties have reached the following agreement regarding off-duty work hours, including the
formula for recapturing City costs in the external contracting process, and having an agreement in
place for the rate to be paid for external contract hours worked:
1. The parties have come to an agreement on the administration of outside contract work and
have devised a formula that currently accounts for the City’s costs. The current external
off-duty contract and formula are attached to this agreement as EXHIBIT A. For all off
duty work hours performed from January 1April 4, 20192022, the regular off duty rate
shall consist of a $70.00 100.00hourly rate for officer salary plus $12.80 18.50per hour for
employment taxes, L&I and retirement contributions, and the holiday off duty rate shall
consists of a $90.00 120.00hourly rate for officer salary plus $16.45 41.80per hour for
employment taxes, L&I and retirement contributions.
These hourly rates and City costs may be amended as any new contribution is required from the
City and the parties will work jointly to update the outside contract rate as necessary to fully
capture any City costs.
2. In no circumstance from the date of execution of this agreement shall the City bear any
cost for hours performed as part of any off-duty contract with an external entity.
3. This MOU is effective when signed by both parties. No modification to this MOU is valid
unless in writing and signed by the parties.
4. This MOU shall remain in full force and effect until December 31, 20241, or until such
time as a successor collective bargaining agreement is in place, whichever occurs later.
Arlington Police Officers’ Association (APOA) City of Arlington
By: _______________________________ By: ______________________________
Seth KinneyRory Bolter, President Barbara Tolbert, Mayor
Date: _______________________________ Date: _____________________________
EXHIBIT A
I. Name of person completing request:
Title/Position: Request Date:
Business Name: Business Type:
Street Address: Phone Number:
Supervisor’s Name: Phone Number:
Nature of duties requested:
Type of Event: Number of people expected to attend:
Duties will require: Police Uniform Police Vehicle Other Equipment (Specify below)
# Officers requested: # Officers required: # Supervisors:
(1 for every 5 officers)
Date of Assignment: Location of Assignment:
Hours of Assignment: from to Total # of Hours per Officer:
(3 hours minimum)
Special Instructions:
II. EMPLOYER INDEMNIFICATION AND HOLD HARMLESS
I specifically agree and hold harmless the City of Arlington, its officers, agents and employees for any claim whatsoever arising from
acts or omissions of said officer(s) while employed by me and agree to indemnify and hold harmless the City of Arlington for the costs
of defense, including reasonable attorney’s fees, for such acts or omissions.
Signature of Authorized Employee Representative Title Date
I further agree that I have obtained the necessary permits to hold the event that I have specified above. This includes having met and
obtained approval from the City of Arlington, Community & Economic Development Department; The City of Arlington, Fire
Department; The City of Arlington, Public Works Department; City of Arlington, Parks and Recreation, and the City of Arlington, City
Administrator’s Office (including any other offices where a special permit may be required in order for a special event to be held).
Signature of Authorized Employee Representative Title Date
ARLINGTON POLICE DEPARTMENT
REQUEST FOR EXTRA DUTY POLICE SERVICES
Date Received:
EXHIBIT A
III. DEPARTMENTAL REVIEW AND AUTHORIZATION
(Valid for a maximum of 1 year)
Staffing Coordinator’s Signature Date
Arlington Police Department Administrator Approval Date
Comments:
IV. CHARGES (minimum 3 hours per assignment) must be paid in advance. Administrative fee based on assignments with less
than one week notice.
$106.45 / hour X hours X Officers / Supervisors (Holiday Off Duty) = $
$82.80 / hour X hours X Officers / Supervisors (Regular Off Duty) = $
$10.00 / hour X hours X Vehicles = $
Regular off duty rate consists of 70.00
hourly rate for officer salary plus 12.80 per
hour for employment taxes.
Holiday off duty rate consists of 90.00
hourly rate for officer salary plus 16.45 per
hour for employment taxes.
Additional mileage fees may apply if vehicles
are driven in excess of 10 miles per event
10% Administrative fee
(Administrative fee based on assignments
with less than one week notice.)
TOTAL AMOUNT DUE: = $
Paid in full Check #
Cancellation of contract with less than 72 hours’ notice may result in an additional fee of 10% of total amount due.
Please send payment to:
City of Arlington
Attn.: Sheri Amundson, Assistant Finance Director
238 N Olympic Ave.
Arlington, Washington 98223
Page 1 of 2
MEMORANDUM OF UNDERSTANDING
by and between
THE CITY OF ARLINGTON, WASHINGTON
and
ARLINGTON POLICE OFFICERS’ ASSOCIATION
AGREEMENT ON IMPLEMENTATION OF SUCCESSOR
COLLECTIVE BARGAINING AGREEMENT
THIS AGREEMENT is entered into by and between the City of Arlington, Washington,
hereinafter referred to as the City, and the Arlington Police Officers’ Association hereinafter
referred to as APOA.
The parties wish to document agreement on the following items contemporaneous with the
adoption of the successor collective bargaining agreement (CBA), effective January 1, 2022
through December 31, 2024.
The parties have agreed on the following terms in resolving the outstanding issues as
identified herein:
1. The parties’ adoption of the January 2022 Salary Schedule (Appendix A.1 – 2022 Pay
Ranges) is effective retroactively to January 1, 2022 for all members of the bargaining
unit.
2. 2022 retroactive wage adjustments shall be paid out on the May 6, 2022 payroll. This
retroactive payment shall only apply to those bargaining unit members employed as of
January 1, 2022.
3. HRA retention payments shall be made to all bargaining unit members employed as of
December 31, 2022 and December 31, 2023, in the following amounts for all hours worked
(includes all hours actually worked, including compensatory time cash out, but specifically
excludes off-duty hours worked and any paid leave) during 2022 and 2023:
a. All members of the bargaining unit actively employed as of December 31, 2022
shall receive an HRA contribution on the January 6, 2023 pay check that represents
1% of compensation for all hours actually worked between January 1, 2022 through
December 31, 2022, which shall include compensatory time cash out, but
specifically excludes off-duty hours worked and any paid leave.
b. All members of the bargaining unit actively employed as of December 31, 2023
shall receive an HRA contribution on the January 5, 2024 pay check that represents
1% of compensation for all hours actually worked between January 1, 2023 through
Page 2 of 2
December 31, 2023, which shall include compensatory time cash out, but
specifically excludes off-duty hours worked and any paid leave.
4. The parties have agreed on the implementation of the attached Body-Worn Camera Policy
as part of the negotiations of the successor collective bargaining agreement. For the first
twelve (12) months of implementation of the new Body-Worn Camera program, every
effort will be made to address any performance issues with the new program and policies
through additional training and instruction as opposed to the disciplinary process, where
and when appropriate.
5. After ratification of the successor collective bargaining agreement, there will be an initial
bid by bargaining unit seniority for assignment of Patrol Take-Home Vehicles associated
with the implementation of Article 17 Patrol Take-Home Vehicle Program. The scheduling
and process of bidding and any actual schedule of vehicle assignment changes shall be
coordinated by the APOA and the Police Chief or their designee, but in no case shall occur
later than the first Kelly cycle in June 2022.
6. The parties agree that the existing Shared Leave Policy 3-7 will sunset after December 31,
2024. The parties shall negotiate a direct leave donation program for bargaining unit
members to become effective January 1, 2025 as a replacement.
7. This MOA is effective retroactively to January 1, 2022 once signed by both parties. No
modification to this MOA is valid unless in writing and signed by the parties.
8. This MOA shall remain in full force and effect until December 31, 2024, or until such time
as a successor collective bargaining agreement is in place, whichever occurs later.
APOA City of Arlington
Rory Bolter, President Barbara Tolbert, Mayor
Date: Date:
ARLINGTON POLICE DEPARTMENT
REQUEST FOR EXTRA DUTY POLICE SERVICES
I.Name of person completing request:____________
Title/Position: ___Request Date:___________
Business Name:_______________________________________Business Type:_______
Street Address:__Phone Number:_______
Supervisor’s Name:___Phone Number:_____
Nature of duties requested: _____________________________________________________________
Type of Event:___Number of people expected to attend:_____
___
____
___________________
____
____
__________________
____
____
____
_____________
__
_________________________________
____
________
_______________________________
____
______________
_______
_______________________________________________
_____
________________________________
_____
________
____
________
________
____
________________
_____________________
_____
____
__
Duties will require:
________________________________
Police Uniform Police Vehicle Other Equipment (Specify below)
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
# Officers requested:___________________ # Officers required:_______________ # Supervisors: _________________
(1 for every 5 officers)
Date of Assignment:____________________ Location of Assignment:_________________________________________________
Hours of Assignment: from _________________ to ___________________ Total # of Hours per Officer:___________________
(3 hours minimum)
Special Instructions:__________________________________________________________________________________________
II.EMPLOYER INDEMNIFICATION AND HOLD HARMLESS
I specifically agree and hold harmless the City of Arlington, its officers, agents and employees for any claim whatsoever arising from
acts or omissions of said officer(s) while employed by me and agree to indemnify and hold harmless the City of Arlington for the costs
of defense, including reasonable attorney’s fees, for such acts or omissions.
________________________________________________ ___________________________ ___________________________
Signature of Authorized Employee Representative Title Date
I further agree that I have obtained the necessary permits to hold the event that I have specified above. This includes having met and
obtained approval from the City of Arlington, Community & Economic Development Department; The City of Arlington, Public
Works Department; City of Arlington, Parks and Recreation, and the City of Arlington, City Administrator’s Office (including any
other offices where a special permit may be required in order for a special event to be held).
________________________________________________ ___________________________ ___________________________
Signature of Authorized Employee Representative Title Date
Arlington Police Department 110 E. Third Street, Arlington, WA 98223 (360) 403-3400 fax (360) 435-4677 www.arlingtonwa.gov Rev. 2/2021
Date Received:
III.DEPARTMENTAL REVIEW AND AUTHORIZATION
(Valid for a maximum of 1 year)
___________________________________________________________ ____________________________
Staffing Coordinator’s Signature Date
___________________________________________________________ ____________________________
Arlington Police Department Administrator Approval Date
Comments:
IV. CHARGES (minimum 3 hours per assignment) must be paid in advance. Administrative fee based on assignments with less
than one week notice.
=
=
$141.80 / hour X ____ hours X _____ Officers / Supervisors (Holiday Off Duty)
$118.50/ hour X ____ hours X _____ Officers / Supervisors (Regular Off Duty)
$15.00 / hour X ____ hours X _____ Vehicles =
$
______________
_______ _______
$
$______________
TOTAL AMOUNT DUE: = $_________________
Check # __________________
Cancellation or rescheduling of contract with less than 72 hours notice will result in an additional fee of 10% of total amount
due. Additionally, contract cancellation or rescheduling with less than 24 hours notice will also result in a 3 hour minimum
due in order to cover officer payroll costs.
Please send payment to:
City of Arlington
Attn.: Jasmine Perez, Finance Supervisor
238 N Olympic Ave.
Arlington, Washington 98223
Arlington Police Department 110 E. Third Street, Arlington, WA 98223 (360)403-3400 fax (360)435-4677 www.arlingtonwa.gov Rev. 2/2021
Regular off duty rate consists of 100.00
hourly rate for officer salary plus 18.50 per
hour for employment taxes.
Holiday off duty rate consists of 120.00
hourly rate for officer salary plus 21.80 per
hour for employment taxes.
Additional mileage fees may apply if vehicles
are driven in excess of 10 miles per event
10% Administrative fee
(Administrative fee based on assignments
with less than one week notice.)
[ ] Paid in full
ARLINGTON POLICE DEPARTMENT POLICY MANUAL
March 30, 2022 Page # XXX
X.XX.XX BODY CAMERAS
PURPOSE AND SCOPE
Body cameras are a valuable tool for promoting transparency in law enforcement by recording
citizen contacts with police officers. The Arlington Police Department (APD) uses body cameras
to contemporaneously document citizen contacts. While it does not provide a complete account
of a police contact, video does provide additional perspective to be considered along with other
information. Video footage produced by body cameras may be used as evidence in civil or
criminal investigations, reviewed administratively as described below, used as a tool in law
enforcement training and utilized as a reference in incident documentation.
POLICY
It is the policy of the Arlington Police Department that all commissioned personnel working in a
uniformed capacity, which would readily identify themselves as a law enforcement officer, and
they are assigned body cameras, shall wear the cameras to record their encounters on duty. This
does not apply to personnel in a class A uniform while attending court or personnel in a dress
uniform.
REVIEW
The Chief of Police, or designee, will conduct a periodic review of the body worn camera
program, to include a review of this policy.
DEFINITIONS
A. Advisement – Statement made by an officer that a communication, conversation
or interaction with a citizen is being recorded.
B. Activation – The process that turns on the body camera and causes it to record or
to store audio and video data.
C. Body Camera – Camera system that captures audio and video signals, capable of
being worn on an officer’s person that includes at minimum a camera,
microphone, and recorder.
D. Body Camera Videos - Recorded media consisting of audio-video signals,
recorded and digitally stored on a storage device or portable media.
E. Labeling of Video – Marking a video with the case number and category.
F. Secure Video Server – A cloud-based data warehouse where body camera video
footage is stored and retained.
G. Retention of Video – Retention of video refers to how long a video captured on
body camera is kept or retained by the Arlinton Police Department. A video is
retained according to its category.
ARLINGTON POLICE DEPARTMENT POLICY MANUAL
March 30, 2022 Page # XXX
H. Surreptitious Recording – A surreptitious recording is a recording made without
the knowledge of one or more of the parties to a conversation or communication
and is a violation of the Washington Privacy Act, Chapter 9.73 RCW
OFFICER RESPONSIBILITIES
A. Training – Prior to wearing and operating a body camera, officers are required to
successfully complete department authorized body camera training. Body worn
camera training will cover topics including, but not limited to hardware, software
and policy and procedure considerations. Officers may receive refresher training
as deemed necessary.
B. Requirement to Wear the Body Camera – All officers assigned a body camera are
required to wear the camera while on duty. Personnel working an off-duty
assignment in a uniformed capacity where they are readily identifiable as law
enforcement, provided a body camera is available, are required to wear a body
camera. Officers shall affix their cameras to the chest area of the outermost
garment or layer of their uniforms. Privately owned body cameras are not
permitted.
C. Requirement to Use the Body Camera – Officers assigned a body camera are
required to wear their body camera and to activate the camera prior to engaging in
law enforcement activity, in accordance with department policy.
ACTIVATION OF THE BODY CAMERA
A. Starting and Ending the Recording
1. Officers shall activate the body camera prior to exiting the vehicle on any
dispatched or self-initiated law enforcement activity. Nothing in this
policy prohibits the officers from activating the camera earlier.
2. The body worn camera will activate when an officer unholsters their duty
firearm and/or Taser
3. If unable to activate the body camera upon making the decision to engage
in dispatched or self-initiated law enforcement activity, the officer shall
safely activate the camera as soon as practical.
4. Officers shall activate the body camera when involved in any manner in a
police pursuit, fleeing vehicle, or fail to yield situation, body cameras may
activate when a patrol vehicle lights and/or siren are activated.
5. Once the camera is activated, the officer shall leave it on until the incident
has concluded. Officers who walk away from a citizen during the law
enforcement activity shall leave the cameras on even while not actively
engaged with the citizen, but while still involved in investigating in the
incident.
ARLINGTON POLICE DEPARTMENT POLICY MANUAL
March 30, 2022 Page # XXX
5. In an officer involved shooting, officers shall turn their cameras off prior
to giving any public safety statements.
6. Officers should record on the body camera or in a police report the reasons
for intentionally turning off the body camera if the recording is stopped by
the officer prior to the conclusion of the law enforcement activity.
B. Decision to Not Record
1. Officers are required to record as much of the law enforcement activity as
possible, but the sensitivity or exigency of a situation may warrant turning
off, or not activating, the body camera. The decision to not record law
enforcement activity shall be made by the officer wearing the camera and
shall be determined by facts and circumstances which must be justified.
Facts supporting such a decision may include the following:
(a) When unsafe or impractical – Law enforcement activity requiring a
response that physically prevents an officer from activating the
camera. Officers are advised to put safety ahead of the requirement
to record the encounter. The amount of time driving to the call shall
be a factor considered in determining if this section applies.
(b) Places where a heightened expectation of privacy exists - such as
restrooms, jails, hospitals, or when discussing medical concerns
unless for a direct law enforcement purpose such as a crime in
progress or the recording of the location is material to a criminal
investigation.
(c) Sensitive communications – Law enforcement activity involving
sensitive communications, matters of law enforcement intelligence
or where recording the encounter could hinder a criminal
investigation.
As it relates to SWAT operations, sensitive communication
involves matters of law enforcement intelligence that occur during a
pre-briefing, in the tactical operations center, and debriefing of a
critical incident or planned operation.
(d) When a citizen objects to being recorded – If a citizen objects to
being recorded, the officer may record despite the objection. Since
conversations with police officers are not considered private under
Washington law, there is no requirement that an officer turn off the
camera for a citizen who objects to having the interaction recorded.
(e) Officers may exercise discretion in recording conversations with
crime witnesses and members of the community who wish to report
or discuss criminal activity in the neighborhood. In these instances,
officers should consider continuing to record the conversation, but
angle the camera away from the person being contacted.
ARLINGTON POLICE DEPARTMENT POLICY MANUAL
March 30, 2022 Page # XXX
(f) Privacy and dignity – There may be limited circumstances when the respect
for an individual’s privacy or dignity outweighs the need to record an event. Such
circumstances may include natural death scenes or death notifications.
2. If an officer has exercised discretion to not record a contact as described
above, the officers shall immediately activate the body worn camera if the
encounter turns adversarial or confrontational.
3. Officers shall document by written report, CAD, or in a confidential
informant’s file, any decision to not activate the camera or to turn off the
body camera prior to the conclusion of the law enforcement activity, and
their reasons for doing so.
4. Officers reasonably exercising discretion under Section B will not be
subject to discipline for the decision to record or not record, unless the
officer has been previously counseled for failing to exercise reasonable
discretion in a similar situation within twenty-four (24) months.
5. Officers recording law enforcement activity who inadvertently turn off
their body camera shall not be subject to discipline, unless the officer has
been previously counseled for turning off or failing to activate their body
camera in a similar situation within twenty-four (24) months.
ADVISEMENT – WHEN REQUIRED
While most interactions between police officers and the public are not considered private and
police officers have no legal obligation to provide an advisement, as a matter of practice,
Arlington Police Officers recording with body worn cameras will provide an advisement to the
parties present informing them that they are being audio and video recorded.
Officers conducting traffic stops while equipped with a body camera shall, as soon as the
situation allows notify the occupants that there is an audio and video recording occurring. This
warning should be given at the beginning of the contact, absent an emergent situation, and
captured on the recording. The advisement should also be noted in the officer's report if
enforcement action is taken.
Prior to a custodial interrogation, officers shall inform arrested persons that they are being audio
and video recorded with a body camera. This statement, along with the Miranda advisement,
shall be included in the recording.
Officers will make reasonable efforts to communicate to non-English speakers, those with
limited English proficiency, deaf persons or persons hard of hearing that they are being recorded.
Officer safety is of paramount importance and officers should prioritize officer safety over the
need to provide an advisement. If a situation requires immediate action prior to an advisement
being given, the officer should provide the advisement as soon as practicable.
ARLINGTON POLICE DEPARTMENT POLICY MANUAL
March 30, 2022 Page # XXX
END OF SHIFT RESPONSIBILITIES
Prior to the end of their shifts or as soon as practical, officers will follow the protocol to label,
categorize, and upload videos to the department’s secure video server.
• Officers will audit their evidence on the secure video server at least once per working
set to ensure that all videos have been assigned a retention category and are labeled
correctly. If officers need more time they may seek supervisor approval.
• At the end of shift, Officers will dock their body-worn camera in a docking station at
to begin uploading videos to the secure video server.
Document Use of the Body Camera - Officers shall document in their police reports that they
operated a body camera.
Video Not a Substitute for Report – An incident captured on the body camera is not a substitute
for a complete and thorough written police report. Officers must write a police report, if the
situation requires, and may not use the body camera video as a substitute for, or basis to
abbreviate, their documentation of the incident.
Report Problems - Officers shall promptly report any problems they may encounter with the
body camera or its operation to their supervisor, who will forward the information to the body
worn camera administrator.
UNAUTHORIZED USE OF BODY CAMERAS AND VIDEO
All employees of the Arlington Police Department, including commissioned officers and
civilian personnel, shall abide by the policies and procedures related to body cameras and body
camera videos as set forth in this policy.
Employees of the police department are prohibited from surreptitiously recording any other
employee of the department or any other person.
A. Employees may not use body cameras for non-work-related purposes or otherwise
operate the body camera outside their legitimate law enforcement duties.
B. All body camera videos are the property of the Arlington Police Department.
Dissemination outside of the agency is strictly prohibited, except as required by law
and pursuant to the provisions of Arlington Police Department policy.
C. Employees are prohibited from accessing the secure video server except for
legitimate law enforcement purposes, including authorized review of body camera
video as described below, or otherwise for work related to their job assignment.
D. Requirement to utilize MDC privacy screen. To limit the transmission of CJIS
protected information, officers are required to ensure that the provided MDC privacy
ARLINGTON POLICE DEPARTMENT POLICY MANUAL
March 30, 2022 Page # XXX
screen is installed on their MDC prior to beginning their shift. If a privacy screen is
not installed on the MDC, officers shall obtain one from the body-worn camera
program administrator, or their designee, and ensure that it is installed on the MDC
prior to use
DOWNLOADING OF VIDEOS
The only personnel allowed to download videos will be the Body Camera Administrators and
specially trained employees of the Police Department. Video downloads will be done for law
enforcement purposes and/or public records requests only. Downloading of videos refers to the
transfer of a file from a secure video server to a local hard drive or memory storage device.
If any downloads are needed from anyone not listed above, a request will be sent to the
Administrations Lieutenant.
OPERATION AND OVERSIGHT OF THE BODY CAMERA PROGRAM
Operation and oversight of the body camera program is the responsibility of the Body Camera
Administrator.
REVIEW OF BODY CAMERA VIDEO
A. Officers may view their own body camera video at any time in accordance with this
policy. There may be situations where an officer has not reviewed relevant body camera
video prior to preparing a written police report, providing a statement, or answering
questions as part of a formal interview, or informal questioning. The City recognizes that
in those situations, the potential for accuracy may be diminished. As such, an officer
may not receive any discipline based solely upon a difference or discrepancy between the
officer’s written report, statement, or interview, and the video evidence, unless the City
can demonstrate that the employee knew the information was discrepant at the time the
report was written, statement provided or interview.
B. Recordings may be reviewed by individuals other than the recording officer in any of the
following situations:
1. By officers prior to completing their police reports or providing a statement pursuant
to an internal affairs investigation or SMART investigation, subject to the following:
a) Officers in an internal affairs investigation will be allowed to view their footage
of the incident prior to any interview or answering questions related to an internal
affairs investigation.
b) Once authorized by the lead SMART investigator per (d) below, subject or
witness officers in a SMART investigation will be allowed to view relevant body
camera footage. The body camera footage viewed by the individual officer(s)
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should show actions, items or other relevant factors the officer could have seen
from their vantage point and that could have been used in making a determination
to use deadly force against an individual or individuals.
c) In the event there is a dispute over which or how much body camera footage
should be viewed by the officer(s) during the SMART investigation, the legal
representative of the officer, the lead SMART team investigator, and the
prosecutor or their designee can consult prior to the officer making a
determination about providing a statement.
d) Subject and witness officers in a critical incident resulting in the activation of
SMART will not be authorized to view their body camera video unless and until
authorized by the SMART lead investigator. In addition, the footage will
immediately be restricted pending notification from an authorized investigative
supervisor.
2. By any supervisor conducting a Blue Team (early warning system alert)
administrative review. Review of video shall be related to the specific alert and not
used as the basis to randomly search for other possible policy or procedure violations.
Other violations noted during this review shall be addressed at the lowest reasonable
level unless the history of the officer or the nature of the policy or procedure violation
necessitates a higher level of corrective action or discipline
3. By a supervisor completing a citizen complaint review. Review of video shall be
related to the specific complaint(s) and not used as the basis to randomly search for
other possible policy or procedure violations. Any inadvertent minor policy or
procedure violations discovered during this review but not mentioned in the
complaint shall be addressed at the lowest reasonable level unless the history of the
officer necessitates a higher level of corrective action or discipline.
4. For use of force, collision or pursuit review. Review of video shall be related to the
use of force, collision or pursuit, and not used as the basis to randomly search for
employee misconduct.
5. By a supervisor investigating a specific act of officer conduct alleged in a complaint
of misconduct. Review of video shall be related to the specific complaint(s) and not
used as the basis to randomly search for other possible policy or procedure violations.
Supervisors are authorized to review recordings to investigate the merits of a specific
complaint prior to a formal complaint being filed. If appropriate, the supervisor may
allow the complaining party to review the footage with the supervisor as a means of
addressing the concerns without a formal complaint being taken.
6. By technical support for purposes of assessing proper functioning of body cameras.
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7. By the County prosecutor in conjunction with his or her role after an officer involved
shooting, or other critical incident associated with a SMART investigation or other
criminal review of an incident.
8. By an Internal Affairs investigators participating in an official IA investigation
authorized by the Chief of Police to investigate a specific act of officer conduct
alleged in a complaint of misconduct. Review of video shall be related to the specific
complaint(s) and not used as the basis to randomly search for other possible policy or
procedure violations.
9. By a department detective who is participating in a criminal investigation.
10. By legal counsel and/or union representation representing an officer in a critical
incident associated with a SMART investigation, prior to the officer providing a
statement pursuant to an administrative inquiry.
11. Training – Recordings may be viewed for training purposes. Prior to any recordings
being used for training purposes, all officers will be notified. If an involved officer
objects to showing a recording, the recording will not be used for training purposes.
12. By an employee’s legal representative and/or bargaining representative who is
involved in representing the employee in an administrative investigation or criminal
investigation.
13. By the City’s legal representative involved in representing the City in an official
matter, such as an administrative investigation, a lawsuit, or a criminal investigation.
14. Pursuant to a subpoena or public records request.
15. By a supervisor that has been made aware of a specific act(s) showcasing the actions
of an officer or citizen that reflect positively on the Arlington Police Department or
that may be of interest to the public.
C. Upon request, non-law enforcement witnesses who are able to verify their presence and
their ability to contemporaneously perceive events at the scene of an incident may also be
permitted to review available body worn video with the approval of assigned
investigators or a supervisor.
E. If, in the course of viewing a body camera video, inadvertent minor policy or procedure
violations are discovered, they will be addressed at the lowest reasonable level unless the
history of the officer necessitates a higher level of corrective action or discipline.
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RETENTION OF BODY CAMERA VIDEOS
General – Videos related to officer-involved shootings, critical incidents, homicides, serious
sexual assaults, and cases in which APD has received a notice to preserve evidence shall be
retained on the secure video server until all trial and appellate litigation has been completed.
The APD Investigations Bureau shall be responsible for notification to Administration
Lieutenant under these circumstances. Videos related to unsolved homicides and sexual assaults
shall be kept consistent with the department policy for records retention.
A. Videos related to internal affairs investigations shall be transferred to a format
compatible with Blue Team and made part of the file. The videos will be retained in
accordance with the Washington State Records Retention Schedule.
B. Videos labelled as evidentiary shall be retained on the secure video server in
compliance with state law and until all trial and appellate litigation has been
completed.
C. Videos labelled as non-evidentiary shall be retained on the secure video server for 90
days and thereafter may be destroyed in accordance with the applicable records
retention schedule (RCW 42.56.240)
D. Videos redacted for a public records request shall be retained for 24 months after the
request and then deleted.
E. Accidental Activation - In the event of an accidental activation of the body camera
where the resulting recording is of no perceived investigative or evidentiary value, the
recording employee may request that the body camera video in question be deleted
forthwith by submitting a written request to the Administrations Lieutenant. The
Lieutenant shall approve or deny the request for action.
F. Employees shall not tamper with, alter, or delete video.
Exception: This does not apply to personnel tasked with system maintenance who purge videos
under established guidelines.
RELEASE OF BODY CAMERA VIDEOS
A. For Criminal Justice Purposes - Body camera videos may be accessed for criminal
discovery purposes directly by prosecutors, whose offices shall have an account for the
secure video server. Prosecutors will be able to locate the existence of a body camera
video by its reference in the police report and/or CAD report and may search for videos
related to pending cases by inputting the law enforcement incident report number into the
secure video server. Discovery of body camera videos released to the defense bar shall be
made through the prosecutor and will include notification to APD.
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B. To the Public/media - Body camera videos will be made available to the public/media
through public records requests pursuant to RCW Chapter 42.56. Public records requests
for body camera videos may be directed to the City Clerk’s Office or the Arlington Police
Department and will be processed by the Public Disclosure Unit. Prior to release, videos
from body cameras will be reviewed and redacted. Redactions will be consistent with
statutory exemptions under Washington law RCW 42.56.240. The Chief of Police may
release body camera video footage absent a public disclosure request if he/she determines
that there is significant public interest to release said video, when the video provides
information related to the apprehension/prosecution of offenders or when the video
highlights positive work performed by the Arlington Police Department.
C. The Public Disclosure Unit may provide third party notification to allow any person
whose privacy may be impacted by the release of a body camera video time to file a
petition for injunctive relief.
City of Arlington Council Agenda Bill Item: NB #5 Attachment H
COLLECTIVE BARGAINING AGREEMENT
by and between
THE CITY OF ARLINGTON
and
ARLINGTON CITY EMPLOYEES, LOCAL 2849
OF THE WASHINGTON STATE COUNCIL OF COUNTY AND CITY
EMPLOYEES, COUNCIL 2, AFSCME
January 1, 2019 2022 through December 31, 20212024
Collective Bargaining Agreement
City of Arlington / ACE represented by WSCCCE
Effective 1/1/2019 2022 through 12/31/2021 12024
1
Table of Contents
PREAMBLE ..................................................................................................................................................... 3
ARTICLE 1 - WARRANT OF AUTHORITY ......................................................................................................... 3
ARTICLE 2 - UNION RECOGNITION ................................................................................................................ 3
ARTICLE 3 - UNION SECURITY ........................................................................................................................ 3
ARTICLE 4 – MANAGEMENT RIGHTS ............................................................................................................. 4
ARTICLE 5 - UNION RIGHTS ........................................................................................................................... 5
ARTICLE 6 - HOURS OF WORK ....................................................................................................................... 6
ARTICLE 7 - STATUS OF EMPLOYEES ........................................................................................................... 10
ARTICLE 8 - PAID HOLIDAYS ........................................................................................................................ 10
ARTICLE 9 – VACATIONS .............................................................................................................................. 11
ARTICLE 10 - SICK LEAVE ......................................................................................................................... 1413
ARTICLE 11 – BEREAVEMENT LEAVE ....................................................................................................... 1615
ARTICLE 12 – JURY DUTY ......................................................................................................................... 1615
ARTICLE 13 – LEAVES OF ABSENCE ......................................................................................................... 1615
ARTICLE 14 - LIGHT DUTY ........................................................................................................................ 1716
ARTICLE 15 – FAMILY AND MEDICAL LEAVE ........................................................................................... 1817
ARTICLE 16 – CLASSIFICATION AND WAGE ADMINISTRATION ............................................................... 1817
ARTICLE 17 - SENIORITY, LAYOFF, RECALL .............................................................................................. 2322
ARTICLE 18 - PROBATION PERIODS, TRIAL SERVICE ................................................................................ 2423
ARTICLE 19 – LABOR MANAGEMENT COMMITTEE................................................................................. 2524
ARTICLE 20 - DISCIPLINE AND TERMINATION ......................................................................................... 2524
ARTICLE 21 – GRIEVANCE PROCEDURE ................................................................................................... 2624
ARTICLE 22 - WAGES AND LONGEVITY.................................................................................................... 2827
ARTICLE 23 – HEALTH AND WELFARE INSURANCE ................................................................................. 3027
ARTICLE 24 – DRUG TESTING .................................................................................................................. 3430
ARTICLE 25 – CLOTHING / APPEARANCE ................................................................................................ 3430
ARTICLE 26 – VOLUNTEERS ..................................................................................................................... 3531
ARTICLE 27 – CDL RENEWALS ..................................................................................................................... 32
Collective Bargaining Agreement
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ARTICLE 28 - NO STRIKES OR LOCK-OUTS ............................................................................................... 3632
ARTICLE 29 – SAVINGS CLAUSE ............................................................................................................... 3632
ARTICLE 30 – ENTIRE AGREEMENT ......................................................................................................... 3732
ARTICLE 31 - TERM OF AGREEMENT ....................................................................................................... 3733
Collective Bargaining Agreement
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Effective 1/1/2019 2022 through 12/31/2021 32024
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PREAMBLE
This Agreement is made and entered into between the City of Arlington, referred to as the City and the
Washington State Council of County and City Employees, affiliated with the American Federation of State,
County and Municipal Employees, AFL-CIO, hereinafter referred to as the Union. All items shall be binding
for both the City and the Union.
ARTICLE 1 - WARRANT OF AUTHORITY
The officials executing this Agreement on behalf of the City and the Union are acting under the authorit y
of R.C.W. 41.56 to collectively bargain on behalf of the organizations which they represent.
ARTICLE 2 - UNION RECOGNITION
The City recognizes the Washington State Council of County and City Employees, AFSCME, AFL-CIO as the
exclusive representative for all full time and regular part-time Employees of the City of Arlington,
excluding supervisors, confidential employees, firefighters, police officers, and casual employees as
defined in PERC DECISION 11258-PECB.
ARTICLE 3 - UNION SECURITY
Section 1. Deductions of Union Dues. The Employer recognizes the WASHINGTON STATE COUNCIL OF
COUNTY AND CITY EMPLOYEES/AFSCME Council 2 and its affiliated local (hereafter Union) as the sole
and exclusive bargaining representative in all matters concerning wages, hours, and other conditions of
employment for all employees described in the recognition clause.
The Employer shall remain neutral when communicating with employees about Union
membership and direct the employee to discuss union membership with a union staff representative.
For current Union members and those who choose to join the Union, the Employer shall deduct
once each month all Union dues and fees uniformly levied and shall continue to do so for such time and
on conditions set forth in the authorization for payroll deduction regardless of the employee’s continued
membership in the Union. The Employer shall transfer amounts deducted to Council 2. Authorizations
for Payroll Deduction are valid whether executed in writing or electronically.
The Employer shall provide an electronic copy of the Authorization for Payroll Deduction and
Representation via email to C2everett@council2.com within 10 days of receiving the document. The
Employer shall provide to the Union monthly a complete list of all bargaining unit members that
includes: employee name, home address, personal phone (if the Employer has this information), work
email and/or personal email (whatever is in the Employer’s HRIS system), birth date, hire date in current
bargaining unit, job classification, department, hours worked and monthly base wage.
The Employer shall honor the terms and conditions of each employee’s voluntary authorization
for payroll deduction. Whether an employee is a union member or not, the Employer shall continue to
deduct and remit Union dues and fees to the Union until such time as the Union notifies the Employer
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that the dues authorization has been properly terminated in compliance with the terms of the payroll
deduction authorization executed by the employee.
The Union shall indemnify the Employer and save the Employer harmless from any and all claims
against the Employer arising out of administration of this article so long as the Employer complies with
this article.
Section 2. New Employee Orientation
The Employer agrees to notify the Union staff representative and Local Union President in
writing of any new positions and new employees and their Department at least two (2) full working days
prior to the orientation of the new employee to allow for scheduling the presentation of information
about the exclusive bargaining representative per RCW 41.56.037.
ARTICLE 4 – MANAGEMENT RIGHTS
Section 1. All the functions, rights, powers, and authority that are not specifically abridged, delegated,
or modified by this Agreement are recognized by the Union as being retained by the City. These rights
include, but are not limited to the following:
A.) To determine its mission, policies that do not conflict with this Agreement, and to establish
all standards of service offered to the public.
B.) To maintain efficiency and to make, alter, and enforce reasonable rules and regulations to
be observed by employees, provided such rules and regulations are not contrary to the terms
and conditions set forth in this Agreement
C.) To direct, hire, promote, demote, and transfer employees.
D.) To suspend, discipline or dismiss employees for just cause.
E.) To evaluate jobs, classify positions, establish qualifying requirements of employees and
specify employee duties.
F.) To manage and operate the service in all respects and without restricting the generality of
the foregoing, to determine the number and location of establishments, the services to be
rendered, the methods, the work procedures, the kinds and locations of instruments and
equipment to be used; to select, control, and direct the use of all materials required in the
operation of services to be provided and performed; to schedule work; to schedule hours of
work; to make, alter, and enforce regulations governing the use of materials, equipment, and
services as may be deemed necessary by the City, provided that such regulations are not
contrary to the terms of this Agreement.
G.) To prepare and/or revise the City Policies and Procedures.
H.) To enforce said Policies, subject to the grievance procedure contained herein.
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I.) To contract out for goods and services subject to the provisions of RCW 41.56 and State Law.
J.) To take any and all actions necessary in an emergency.
Section 2. The City Council shall have the sole authority to determine the purpose and policies of the
City and the amount of budget to be adopted thereto.
Section 3. Any conflict between the provisions of this Agreement and the City of Arlington Civil Service
Rules and Regulations or City Policies and Procedures shall be resolved as follows:
A.) To the extent the Agreement does not address a matter and Civil Service or the City Policies
and Procedures do, then Civil Service or the City Policies and Procedures shall prevail; and
B.) To the extent the Agreement addresses a matter and Civil Service or the City Policies and
Procedures also do so, the Agreement shall prevail.
C.) The parties agree that any new Rules and Regulations and policies or procedures that are
mandatory subjects of bargaining will be negotiated prior to their change or implementation.
Section 4. It is the intention of the City and the Union that the rights, powers, authority and functions of
management shall remain exclusively vested in the City, except insofar as expressly and specifically
surrendered or limited by the express provisions of the Agreement.
ARTICLE 5 - UNION RIGHTS
Section 1. Union Business. Recognizing that Labor/Management relations are of significant importance
to the City and the Union, reasonable time off with pay from normal working hours shall be granted to
official Union Representatives for handling grievances, attending meetings or other legitimate Union
business subject to reasonable notice and the agreement of the supervisor.
Official Union representatives shall not transact Union business while working on shift which in any way
interferes with the operation or normal routine of the City. The Union shall be afforded the same ability
to utilize City facilities as other bargaining units within the City for the purpose of holding Union meetings
and communicating with members.
Section 2. Bulletin Board - The City shall provide suitable space for a Union furnished bulletin board on its
premises in an area frequented by all employees within the bargaining unit. The Union shall limit its
posting of notices and bulletins to such bulletin boards.
Section 3. No more than three (3) official Union representatives shall be granted leave from duty without
loss of pay for meetings between the Union and the City for the purposes of negotiating the terms of a
collective bargaining agreement.
Section 4. The Union agrees to provide the City with an updated list of official Union representatives with
fourteen (14) calendar days of any election or change.
Section 5. Upon the written request of the Union, the City agrees to provide a list of employees filling
positions (including promotions and reclassifications) within the bargaining unit for which such
information is requested, within fourteen (14) calendar days of receipt of the written request. The Union
Collective Bargaining Agreement
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will be notified of any changes to a bargaining unit employee’s status of employment within fourteen (14)
calendar days i.e. promotions, demotions, separation of employment, layoffs, or reclassifications.
Section 6. The City agrees to allow official Union representatives to use the City’s email system on a
limited basis for the purpose of communicating meeting reminder notifications to the membership or to
communicate directly with the City on an issue of importance to the membership.
ARTICLE 6 - HOURS OF WORK
Section 1. Hours of Work.
A.) The normal full-time workday shall consist of eight (8) hours, excluding the normal unpaid lunch
period. The normal full-time work week shall consist of forty (40) hours in five (5) consecutive
days. The normal work week begins at 12:01 AM on Sunday and ends at 12:00 midnight the
following Saturday. Time actually worked, sick leave, vacation and legal holidays, shall be
considered as compensable hours.
B.) FLSA-exempt salaried employees are generally expected to observe regular business hours, which
are currently 8 a.m. to 5 p.m., Monday through Friday. At times the responsibilities of their
position may require that they work more than regular business hours. During the months of April
through September each year, Maintenance and Operations staff may be scheduled to work on
weekend days as part of the normal shift schedule. During the life of this agreement, the Airport
staff may move to a seasonal regular weekend shift schedule, however, any such change in
schedule shall first be referred to labor-management prior to any implementation of such.
1) Although FLSA-exempt employees are not entitled to overtime compensation,
compensatory time will be earned under approved circumstances.
2) FLSA-exempt employees shall earn one (1) hour of compensatory time for each hour
worked in excess of forty-eight (48) hours actually worked in a workweek, up to a
maximum of eight (8) hours of compensatory time.
3) Compensatory time off may be scheduled only with supervisory approval.
4) FLSA-exempt employees required by a supervisor to work on a legal holiday shall earn
one and one-half (1.5) hours of compensatory time for each hour worked on the legal
holiday in addition to their normal salary.
Section 2. Changes in Normal Work Week / Hours.
A,) Should it be necessary in the interest of efficient operations to establish schedules departing from
the normal work week/hours, the City will give written notice of such change to the Union as far
in advance as it is reasonably practical, but in no case less than ten (10) calendar days.
B,) Department Directors may approve requests from employees for alternative work schedules.
Alternative work schedules include but are not limited to: modified shift start and end times; 9/80
schedules; and 4/10 schedules.
Section 3. Rest Periods. Full-time employees shall receive a maximum of two (2) fifteen (15) minute paid
rest/relief periods in each day’s work schedule. Rest periods should occur approximately midway during
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Effective 1/1/2019 2022 through 12/31/2021 72024
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each of the first and second half of the work day, scheduled so that service to t he public will not be
impaired. With supervisory approval, such rest/relief periods may be added to the normal lunch period
but not taken at the end of a work day. A series of short “intermittent breaks”, small breaks of a few
minutes each that total 15 minutes every four hours, are permissible if the nature of the employee’s work
allows for such intermittent breaks. An employee who misses a rest/relief break shall notify a supervisor
as soon as possible.
Section 4. Overtime Pay. FLSA non-exempt employees shall be paid one and one-half (1½) times their
Standard Hourly Rate of pay (including any additional wage premiums if required by the FLSA) for all
authorized hours worked in excess of forty (40) hours in any work week. Work on a Saturday or Sunday,
shall not be considered overtime when it is a regularly scheduled work day for the employee.
Section 5. Compensatory-time. The employee may request to take compensatory time off at one and
one-half (1½) times the actual hours worked in lieu of overtime pay. Such time off will be scheduled with
the approval of the employee’s supervisor and shall not create an overtime event for other employees. In
the event that the compensatory time cannot be scheduled, the employee shall be paid for the overtime
as specified above. Employees may accrue up to a maximum of forty (40) hours of comp-time. Any hours
in excess of forty (40) hours shall be paid in accordance with Section 4 of this Article.
Section 6. FLSA Exempt Status. Employees occupying FLSA exempt positions are not eligible for overtime
compensation. New positions added to the classification grid will be evaluated to determine the FLSA
status. Exempt employees may be allowed to flex their schedule to accommodate a requirement to attend
meetings outside of their regular work hours, special projects and emergency situations, with the approval
of the employee’s supervisor.
Section 7. On-call.
A.) On-Call Assignments. On-Call positions shall be staffed every day of the year for the following
departments:
Water Department: One On-Call person for water treatment plant and one for water
distribution system operations and emergencies.
Wastewater Department: One On-Call person for water reclamation plant and
wastewater collection system operations and emergencies.
M&O Department: One On-Call person for operations and emergencies involving City
transportation system (Streets), City parks, storm system, Arlington Cemetery, and
Arlington Municipal Airport.
Other departments may invoke temporary assignment of an On-Call position to meet
emergency or unexpected work necessary to ensure public safety and continuity of
operations.
Collective Bargaining Agreement
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Effective 1/1/2019 2022 through 12/31/2021 82024
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In the event an employee is required to be on call to operate the Water Treatment Plant or
Wastewater Treatment Plant and operate on call as field staff in the Water Distribution
System or Wastewater Collections System, the employee shall be compensated a minimum
of two (2) hours at one and one half (1½) times the employees’ Standard Hourly Rate of pay
per day.1
B.) Schedule. The director or designee of each department shall, prepare and post for employees
an on-call schedule specifying the date, hours of on-call status and employee name on a
quarterly calendar basis. The on-call schedule for subsequent quarters shall be posted not
less than one (1) calendar month prior to the effective date of the new schedule.
Department employees may trade assigned on-call shifts with other employees in that
department with prior approval of the director or their designee. Such trades shall not be for
less than a complete on-call shift, (i.e. each weekday or a full weekend day) and shall be
documented on the work schedule at least three (3) days in advance of any trade. On-call
shift trades with less than three (3) days’ notice shall be accompanied by an email to the
workgroup, when possible.
In the event of a personal emergency that precludes the on-call employee’s ability to report
to work for On-Call duties or to respond to emergency after hour calls for service, the
employee must notify the director or designee to ensure the City’s ability to respond to
emergencies.
C.) Hours. Regular working hours are 7:30 AM through 4:00 PM each day. This schedule applies
to weekdays, weekends and holidays. The normal hours are staffed through a rotating
schedule established annually.
Regular seasonal working hours are 6:30 AM through 3:00 PM or as scheduled by the director
or designee as needed.
Weekday on-call hours shall be from 4:00 PM to 7:30 AM. Weekend on call hours shall be
from 4:00 PM on Friday through 7:30 AM Monday.
D.) Procedure. The employee who is on-call shall follow the department on-call procedures,
including utilizing any specialized vehicle and carrying any equipment or electronic devices
required for the performance of the specified on-call services.
E.) Compensation. Employees on-call are compensated for remaining available to respond to
emergencies, carrying and monitoring a phone, computer, and/or pager, and remaining
alcohol and substance free during the on-call period. Employees scheduled for on-call duty
shall be compensated for On-Call pay a minimum of one (1) hour at one and one half (1½)
1 If on call on a holiday, the employee shall record the holiday as eight (8) hours of Holiday Pay and shall receive
one and one half (1½) times their Standard Hourly Rate for all hours worked, with a minimum of two (2) hours per
day. When work hours occur concurrently with Holiday Pay, including the two (2) hour minimum, such Holiday Pay
shall not count as compensable hours worked for the purposes of calculating overtime in that week,
notwithstanding the contrary provision in Article 6, Section 1.
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times the employee’s Standard Hourly Rate of pay for each full day served on the on -call
status, or a minimum of two (2) hours at one and one half (1½) times the employee’s
Standard Hourly Rate of pay for each full day served on a holiday. Holidays for purposes of
this section are the City-observed date.2
A phone call or computer contact that requires the employee to respond between 5 p.m. and
5 a.m. but that does not cause the employee to leave their location shall be deemed a “Call-
In” and be compensated at the rate of half (½) an hour paid at one and one half (1½) times
the employee’s Standard Hourly Rate of pay. Additional phone calls or computer contacts
that require the employee to respond between 5 p.m. and 5 a.m. shall be considered a new
“Call-In.” This would include answering and addressing any on-call phones, computers or
pagers during the on-call period and be considered additional work performed on the City’s
behalf and be compensated separately from the on-call pay.
A phone call or computer contact received while on-call that causes the employee to leave
their location and respond shall be deemed a “Call-Out” at 2 hours paid at one and one half
(1½) times the employee’s Standard Hourly Rate of pay. Any work performed during the two
(2) hours shall be considered as already compensated. On-Call duty will be listed on the time
sheet separate from regular hours worked, under the title of On-Call Duty.
Call-Ins and Call-Outs must be substantiated with a copy of the Alarm Record and required
action taken.
In the event an on-call employee is required to respond and report to an operational
emergency or declared emergency situation, the employee, or any other employee needed
to assist in the emergency situation, shall be compensated a minimum two (2) hours at one
and one half (1½) times the employees’ Standard Hourly Rate of pay, or the actual duration
of the emergency, whichever is greater. Such time shall be calculated on a portal to portal
basis (i.e. from home to the emergency scene to home), and will be listed under overtime on
the employee’s time sheet.
Section 8. Callback. Non-exempt employees who are ineligible for pay under Article 6 section 7(E) will
receive Callback as follows: when the employee is required by the employee’s supervisor or Department
Head to report to work onsite without advance notice and during the employee’s non-working hours, the
employee will be compensated a minimum of two hours at the overtime rate. No more than one callback
will be paid for the same two-hour period.3
Section 9. Scheduled Overnight and Scheduled Weekend Work Shift Differential
2 For hours worked on a holiday, the employee shall record the holiday as eight (8) hours of Holiday Pay and shall
receive one and one half (1½) times their Standard Hourly Rate for all hours worked, with a minimum of two (2)
hours per day for each full day served on a holiday. When work hours occur concurrently with Holiday Pay,
including the two (2) hour minimum, such Holiday Pay shall not count as compensable hours worked for the
purposes of calculating overtime in that week, notwithstanding the contrary provision in Article 6, Section 1.
3 If called back on a holiday, the employee shall record the holiday as eight (8) hours of Holiday Pay and shall
receive one and one half (1½) times their Standard Hourly Rate for all hours worked, with a minimum of two (2)
hours per day. When work hours occur concurrently with Holiday Pay, including the two (2) hour minimum, such
Holiday Pay shall not count as compensable hours worked for the purposes of calculating overtime in that week,
notwithstanding the contrary provision in Article 6, Section 1.
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Effective 1/1/2019 2022 through 12/31/2021 102024
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Shift Differential for all scheduled work performed between the hours of 6:00 PM until 6:00 AM shall pay
an overnight differential of one dollar ($1.00) per hour.
Shift Differential for all scheduled work performed on Saturdays or Sundays shall pay an overnight
differential of one dollar ($1.00) per hour.
No more than one dollar ($1.00) shift differential may be paid for any hour of work; overnight and
weekend differential may not be stacked.
These Shift Differentials only apply to scheduled hours of work and do not apply to on-call work hours.
ARTICLE 7 - STATUS OF EMPLOYEES
Section 1. Full-time Employees. A full-time employee is defined as working a minimum of forty (40) hours
per week year round.
Section 2. Part-time Employees. A part-time employee is defined as an employee working between twenty
(20) and forty (40) hours per week year round. The City ack nowledges that the Union is the exclusive
bargaining representative for regular part-time employees performing bargaining unit work. The parties
agree to bargain which benefits and other contract terms apply to part-time employees and to include
those terms and conditions as an appendix to this Agreement.
Section 3. Temporary Employees. A temporary employee is any employee hired to work for a defined
and/or limited period of time in a full-time or part-time position and/or for seasonal work, and is not
anticipated to work more than one thousand two hundred (1,200) hours per year. The City and the Union
recognize that the City has a current system in place that utilizes temporary employees to assist in
maintaining city facilities and infrastructure.
Section 4. Interns. When interns are utilized, the City will notify the Union of their job duties, work location
and duration prior to their arrival.
Section 5. Benefit Eligibility. Full-time employees will be eligible to participate in the City’s group insurance
plans and all other benefit programs for which they meet the eligibility requirements.
ARTICLE 8 - PAID HOLIDAYS
Section 1. Holidays. The following are the paid legal holidays. A maximum of eight (8) hours pay shall be
paid for each holiday.
New Year’s Day First day of January
Martin Luther King’s Birthday Third Monday of January
President’s Day Third Monday of February
Memorial Day
Juneteenth
Last Monday of May
June 19th
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Independence Day Fourth day of July
Labor Day First Monday of September
Veterans Day Eleventh day of November
Thanksgiving Day Fourth Thursday of November
The Day after ThanksgivingNative American Heritage
Day
Fourth Friday of November
Christmas Day December 25
Two Floating Holidays
A.) Full-time employees shall be eligible for paid holidays in accordance with this article. The two
(2) floating holidays will be taken at the employee’s choice with the approval of their
supervisor. A new employee hired between January 1 and June 30 shall be eligible to earn
two (2) floating holidays in their first continuous year of employment. A new employee hired
after July 1 shall be eligible to earn one (1) floating holiday.
When a holiday occurs on a Saturday, the holiday will be observed on the preceding Friday.
When the holiday occurs on a Sunday, the holiday shall be observed on the following
Monday.
When an employee’s regularly scheduled day off is the day the holiday is observed, the
employee shall schedule and take another day off by the end of the next pay period.
B.) Employees not scheduled to work on a holiday and not on call but called in to work a holiday
because of business needs shall be paid two and one-half (2 ½) times their Standard Hourly
Rate of pay for all hours worked.4
Holidays which occur during vacation, sick leave or while on other paid leave status shall not
be charged against such leave.
C.) Employees, with prior approval of their Supervisor, may observe religious holidays as an
approved absence without pay, or as time charged to vacation accrued for use during the
year or by utilizing a personal holiday.
ARTICLE 9 – VACATIONS
Section 1. Leave Accrual/Eligibility. Regular full-time employees shall be eligible to accrue vacation leave
with reference to the following:
4 Holiday Pay (straight time Standard Hourly Rate) plus 1½ times the Standard Hourly Rate of pay for hours worked
= 2 ½ times the regular rate of pay. When work hours occur concurrently with Holiday Pay, such Holiday Pay shall
not count as compensable hours worked for the purposes of calculating overtime in that week, notwithstanding
the contrary provision in Article 6, Section 1.
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A regular full-time employee will have an accrual schedule as shown in the table which is a part of this
section.
For the purposes of calculating completed months of service for vacation leave accrual rates, the
employee’s regular weekly work schedule includes regular hours worked, paid holidays, vacations, sick
leave and bereavement leave, and excludes overtime hours and unpaid leave of absence periods.
New employees shall accrue vacation benefits from the date of employment for use following completion
of six (6) months of continuous employment.
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Vacation Leave Accrual Schedule
Completed Months of Continuous
Service
Monthly Vacation Accrual (Hours) Annual Accrual (Hours)
0-24 months 8 hours 96 hours
25-48 months 10 hours 120 hours
49-72 months 12 hours 144 hours
73-96 months 14 hours 168 hours
97-120 months 16 hours 192 hours
121-180 months 18 hours 216 hours
181+ months 20 hours 240 hours
All employees shall remain at their current accrual rates until they are eligible to move to the next step.
Section 2. Vacation Leave—Maximum Accrual. An employee’s accrued unused vacation leave may
accumulate up to a maximum of three hundred (300) hours.
Employees who are denied the opportunity to take vacation leave during the year because of City business
reasons may apply to the City Administrator no later than November 1st of each year to seek an allowance
to carry over more than the cap of 300 hours into the first quarter of the following year. Such request
must be accompanied by scheduled days to be taken off in the first quarter of the following year that have
been pre-approved by the employee’s department head.
Section 3. Scheduling
A.) Employees may schedule vacation time with the approval of their supervisor.
B.) Vacation will be available for use only after it has been earned and credited to an employee’s
vacation leave account.
C.) Scheduling conflicts will be resolved using the following criteria: timeliness of request; length
of continuous employment; and reasonable rotation of popular vacation times. Once
vacation time has been approved by the employee’s supervisor, no bumping by seniority
shall occur.
D.) Vacation cannot be scheduled or taken so as to cause an overtime event.
Section 4. Upon Separation of employment from the City. An eligible employee with at least six (6)
months of continuous employment will be paid their accrued and unused vacation time. In no event shall
the employee vacation and sick leave pay-out exceed two hundred and forty (240) hours combined, as
per RCW 41.50.150.
Section 5. Transfers and Layoffs. Any employee transferring from one department to another, or rehired
within eighteen (18) months after a layoff, shall accrue vacation leave benefits based upon the total time
of active employment with the City. During the eighteen (18) month laid off period employees will retain
their length of continuous service and accrued sick leave, if any sick leave remains in the employee’s
account.
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ARTICLE 10 - SICK LEAVE
Section 1. Sick Leave Policy for Full-Time Employees.
A.) Sick leave is defined as a specific period of time that an employee is absent from work due
to a personal illness, accident or disability, or that of an immediate family member who has
a medical condition that requires treatment or the employee’s presence for care or as
otherwise stated in Article 10, Section 3 (B).
B.) The term “immediate family” is normally defined as the spouse, state-registered domestic
partner, son, daughter, parent, grandparents, grandchild, parents-in-law, sibling, or any
person residing with or legally dependent upon the employee.
C.) Sick leave may also be used for any circumstances covered under the Washington Family
Care Act, RCW 49.12.270, as well as WAC 296-130-030.
Section 2. Sick Leave Accrual.
A.) Eligible full-time employees shall accrue sick leave benefits at the rate of eight (8) hours per
completed calendar month of continuous employment for use following one (1) month’s
continuous employment.
B.) Employees may accrue unused sick leave as specified in A of this Section provided however,
no employee shall carryover a balance of greater than one thousand (1,000) hours into the
next year.
a. Any sick leave accrued over one thousand (1,000) hours as of December 31st each
year shall be cashed out at a rate of one third (1/3) of such leave and such amount
shall be deposited into the employee’s HRA VEBA account.
C.) Sick leave will be available for use only after it has been earned and credited to an employee’s
sick leave account.
D.) In no event shall an employee be allowed to take more sick leave than is available in the
employee’s sick leave account.
Section 3. Reporting and Use of Accrued Sick Leave.
A.) It is the responsibility of employees to notify the City in the event of any absence
immediately following the start of each workday. Failure to notify may result in the loss of
sick leave pay for the day, unless such failure is due to the incapacitation of the employee, at
which point the employee will notify the city as soon as possible.
B.) Accrued paid sick leave benefits shall be granted when the employee is required to be absent
from work for the Employee’s, or a member of the employee’s immediate family’s, following
conditions;
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a. Injury, illness, accident, disability or preventative health care of the employee or the
employee’s immediate family requiring the employee’s presence in accordance with
local, state or federal laws.
b. For a State Industrial Insurance claim sick leave can be utilized to supplement the L&I
payments as allowed by state law.
c. Disability of the employee or employee’s spouse or child due to pregnancy, childbirth,
and associated periods of recovery. This also applies to the birth of the employee’s child
if not otherwise addressed herein.
d. Medical, dental, or optical care of the employee or immediate family member.
e. Any approved medically necessary treatment program.
f. Sick leave shall not be charged against an employee on a regularly scheduled day off.
C.) In the event that the employee is absent for a condition listed in B. above, and has exhausted
all accrued sick leave, the following shall be applied:
1) Earned but unused compensatory time; followed by
2) Earned but unused vacation time: followed by
3) Earned but unused floating holidays; followed by
4) Shared leave as identified in Section 6.
5) Leave of absence without pay, which may result in a review of the employee’s
attendance record.
In the event that the employee incurs a personal illness, injury, accident or disability, or that of a member
of the immediate family, while the employee is on scheduled vacation leave, the employee may cease
utilizing vacation leave and convert to the use of accrued sick leave. Such conversion from vacation to sick
leave shall normally require a physician’s certification.
Section 4. Separation from Employment. The maximum amount of unused sick leave to be paid to the
employee upon separation of employment from the City will be one-third (1/3) of the employee’s accrued
and unused sick leave. In no event shall the employee’s combined sick leave and vacation cash-out exceed
two hundred forty (240) hours, as per RCW 41.50.150.
Section 5. Administrative provisions.
A.) The City may require a physician’s statement for absences of four or more days indicating
that the use of sick leave was necessary for the employee or employee’s immediate family
member, and was for the purposes stated in this Article. The physician’s note, however, need
not explain the nature of the medical condition except as may be necessary for Family
Medical Leave certification.
B.) Sick leave use is computed up to the nearest fifteen (15) minutes and for the approved
payable absence period up to the regularly scheduled hours of work for the day(s) absent.
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C.) Employees on leave of absence are not eligible to accrue sick leave benefits.
D.) Employees may use other paid time off to care for sick immediate family members as defined
in this article or for their own absence due to personal illness, accident or disability, per City
Policy and applicable local, state or federal laws.
Section 6. Shared Leave. Shared leave shall be in accordance with the most current adopted city policies
and procedures.5
ARTICLE 11 – BEREAVEMENT LEAVE
In the event of the death of an employee’s immediate family member, time off with pay for employee’s
regular scheduled workday will be granted to regular full time employees. The phrase “immediate family”
for the purposes of the bereavement policy includes the employee’s spouse, brother, sister, father,
mother, stepfather, stepmother, grandparent, children, stepchildren, grandchildren, father-inlaw,
mother-in-law, grandparent-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, aunt, uncle,
or any person residing with or legally dependent upon the employee.
Three consecutive workdays off with pay will be approved to attend the funeral or memorial service .
(Maximum 24 hours). Two additional consecutive work days off with pay may be approved for travel from
the employee’s home to the funeral or memorial service if the travel exceeds two hundred (200) miles
each way. A maximum of 16 hours may be approved, subject to the approval of the City Administrator.
ARTICLE 12 – JURY DUTY
Section 1. Jury and Court Duty. An employee shall be granted leave with pay while required to perform
jury service.
A.) During the period of such absence, employees will receive their regular wages, minus the
amount received as jury duty or witness fees excluding mileage or other expenses paid by
the Court, and the employee shall submit a copy of their jury duty warrant to the payroll
department.
B.) An employee who is released from jury or witness service during his/her regular shift, the
employee shall call his/her City for instructions.
C.) When employees receive notice of jury duty they shall notify their City within three (3)
calendar days of receipt of the notice.
ARTICLE 13 – LEAVES OF ABSENCE
Section 1. Adjustments. Accruals for vacation and sick leave will not take place while an employee is on
an unpaid leave of absence. In addition, employees on an unpaid leave of absence are not eligible for
holiday pay. Unpaid leaves of absence of ninety (90) or more calendar days will cause the employee’s
5. During the life of this collective bargaining agreement (2019-2021), in conjunction with other represented groups
in the City, the parties shall bargain the City’s current Shared Leave Policy No. 3-7, as well as a successor policy which
does not involve the donation of sick leave.
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continuous service to be adjusted equal to the duration of the unpaid leave beyond ninety (90) calendar
days. The employee’s step adjustment date will be adjusted equal to the duration of the unpaid leave
beyond ninety (90) calendar days. Any unpaid leave beyond 90 days will be evaluated on a case by case
basis.
Section 2. Personal Leave of Absence.
A personal leave of absence may be granted in conjunction with an Employee’s vacation period where
valid reasons exist and with the approval of the City. Requests must be submitted at least thirty (30)
calendar days in advance (except in emergency situations). Consideration of the Employee’s request for a
personal leave of absence shall include the reason(s) for requesting the leave, the length of time desired,
the work load involved and the need for a replacement employee. An approved personal leave of absence
shall not exceed ninety (90) calendar days. Accrued vacation time must be used in conjunction with an
approved personal leave of absence. A personal leave of absence is not to be used as a substitute for
resignation or to enable an employee to perform comparable work elsewhere.
Section 3. Employee Status and benefits during leave
While an employee is on leave, the City will continue the employee's “group health plan” during the leave
period at the same level and under the same conditions as if the employee had continued to work.
If the employee chooses not to return to work for reasons other than a continued serious health condition
of the employee or the employee's immediate family member or a circumstance beyond the employee's
control, the City will require the employee to reimburse the City the amount it paid for the employee's
health insurance premium during the leave period.
While on paid leave, the City will continue to make payroll deductions to collect the employee's share of
the premium. While on unpaid leave, the employee must continue to make this payment, either in person
or by mail. The payment must be received in the Finance Department by the twenty fifth (25th) day of
each month for the following month’s coverage. If the payment is more than thirty (30) calendar days
late, the employee's health care coverage may be dropped for the duration of the leave. The City will
provide fifteen (15) calendar days' notification prior to the employee's loss of coverage.
If the employee contributes to a life insurance or disability plan, the City will continue making payroll
deductions while the employee is on paid leave. While the employee is on unpaid leave, the employee
may request continuation of such benefits and pay his or her portion of the premiums, or the City may
elect to maintain such benefits during the leave and pay the employee's share of the premium payments.
If the employee does not continue these payments, the City may discontinue coverage during the leave.
If the City maintains coverage, the City may recover the costs incurred for paying the employee's share of
any premiums, whether or not the employee returns to work.
ARTICLE 14 - LIGHT DUTY
Section 1. Light Duty. An employee who is injured and is subsequently unable to perform his/her normal
duties shall be assigned to light duty, within reason, if the city has a business need for such work and upon
examination of the employee’s own physician. The City reserves the right, at its own expense, to have the
employee examined by a City appointed physician. An employee’s salary while on light duty shall be at
the employee’s Standard Hourly Rate of pay for the hours worked and will be available as needed by the
City. There is no guarantee that light duty will be available, nor is there any guarantee of how many hours
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might be available for the employee to work. The employee’s heath care provider will be required to
approve the job description of the light duty assignment prior to the employee commencing work, and
must provide written authorization for the employee to perform the specific duties of the light duty
assignment.
The position of light duty shall not exceed a period of thirty (30) calendar days and may be extended by
an additional thirty (30) calendar days at the discretion of the Department Director or designee. If the
illness or injury requires additional time off, the Director or designee may extend the light duty period, if
there are sufficient and compatible duties to be performed. A light duty assignment may last, but not
exceed sixty (60) calendar days total. If the employee cannot return to their normal duties after sixty (60)
calendar days, the employee must use accumulated vacation, sick leave, compensatory time, floating
holidays, and unpaid leave; or apply for leave of absence; or be subject to dismissal. Light duty after sixty
(60) calendar days may be considered on a case by case basis.
Light duty work shall be performed during normal administrative hours. Other work schedules may be
arranged by mutual agreement between the employee and City.
ARTICLE 15 – FAMILY AND MEDICAL LEAVE AND PAID FAMILY MEDICAL
LEAVE
Section 1. Family and Medical Leave (FMLA) will be made available to qualified employees in accordance
with current City policy and pursuant to current state and federal laws.
A.) At the employee’s choice, he/she may opt to retain a maximum of forty (40) hours of vacation
and forty (40) hours of sick leave on the books.
Section 2. Paid Family Medical Leave - Beginning with the January 7, 2019 paycheck, aAs required by
the new Washington State Paid Family Medical Leave law, the City will contribute .4% the
state-mandated percentage amount of employee pay to the program, of which, 6373.22%
(.63337322) will be from withholding from employee paychecks and 3726.78% (.36672678)
shall be paid by the City. Contribution amounts and the percentage split of contributions
between employee and employer will be adjusted to the current amount per State law,
should they change.
A.) Upon thirty (30) days notice at the conclusion of the State rulemaking process, either party
may request to bargain the impacts of the new Paid Family Medical Leave benefits prior to
their implementation in 2020.
Section 3. The bargaining unit shall participate in the City’s Paid Family Medical Leave (PFML) policy,
including the option of supplementation of State PFML benefits with City-Paid leave
according to the terms therein.
ARTICLE 16 – CLASSIFICATION AND WAGE ADMINISTRATION
Section 1. Employees will be classified and paid in accordance with the applicable wages defined in
Appendix A to this Agreement.
Section 2. Rates of Pay. No employee shall be paid at a rate of pay less than the minimum nor more
than the maximum established for the position to which they are assigned as set forth in the pay plan. All
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pay rates in the pay plan are based upon full-time employment at the normal working hours for the
position. For purposes of pay administration, full-time employment is defined as work consisting of forty
(40) hours per week.
Section 3. Starting Rate Upon Initial Employment. New employees shall be appointed at a step in the
appropriate pay range. A notice will be sent to the Union for any new employee who is appointed to step
C or higher.
Section 4. Pay Rate Upon Promotion. A promotion is a change to a higher compensated classification.
An employee who is promoted shall be paid at the step in the new pay range which represents at least a
two (2) step increase over the rate of pay received immediately prior to the promotion or at the minimum
step of the new pay range, whichever is greater, provided that such increase does not exceed the
maximum step of the new pay range. Employees shall serve a trial service period per Article 18, Section
3.
Section 5. Pay Rate Upon Demotion. A demotion is a movement to a lower compensated classification.
The resulting pay step shall not be higher than the maximum nor lower than the equivalent step of the
lower pay range. (I.E. Step C to Step C)
Section 6. Pay Rate Upon Voluntary Demotion. An employee who takes a voluntary demotion will be
placed at a step in the new range that most closely matches his/her current salary.
Section 7. Pay Rate Upon Demotion From Promotion. An employee who is demoted from trial service
following promotion shall receive the same step in the lower pay range as held before promotion,
provided that adjustments shall be made to take into account any step increases which would have
occurred had the employee not been promoted.
Section 8. Pay Rate Upon Transfer. An employee who transfers from one position to another within the
same class, or from a position in one class to a position in a different class that is assigned to the same
pay range, shall continue to receive the same rate of pay as before the transfer.
Section 9. Calculating Hourly Wage. For the purposes of calculating the hourly rate of pay for employees
who are paid on the basis of a monthly salary, hourly wages shall be determined by the following formula:
𝐴𝑛𝑛𝑢𝑎𝑙 𝑠𝑎𝑙𝑎𝑟𝑦 ÷ 2080 ℎ𝑜𝑢𝑟𝑠 =𝑆𝑡𝑎𝑛𝑑𝑎𝑟𝑑 𝐻𝑜𝑢𝑟𝑙𝑦 𝑅𝑎𝑡𝑒. Annual salary is calculated by the following
formula: 𝑀𝑜𝑛𝑡ℎ𝑙𝑦 𝑠𝑎𝑙𝑎𝑟𝑦 𝑖𝑛 𝑐𝑢𝑟𝑟𝑒𝑛𝑡 𝑟𝑎𝑛𝑔𝑒 & 𝑠𝑡𝑒𝑝 (𝑠𝑒𝑒 𝐴𝑝𝑝𝑒𝑛𝑑𝑖𝑥 𝐴)× 12.
The above formula is used to calculate the Standard Hourly Rate for determining sick leave cash-out, and
vacation leave cash-out.
Section 10. Advancement Within A Pay Range. Employees will receive a step increase based upon
completion of one (1) year of continuous employment at the current step in the pay range, unless the
employee receives a “BELOW SATISFACTORY” rating in the “OVERALL RATING” category in their annual
performance appraisal. If he/she receives a “below satisfactory” rating the City shall re -evaluate the
employee every three (3) months for the purpose of improving the evaluation to the normal range. Upon
successful improvement of the evaluation rating, the employee would then move to the next step. Any
increase in an employee’s rate of pay shall be effective on the first day of the month following completion
of one (1) year of employment and annually thereafter except as otherwise provided in this Agreement.
If the city fails to provide the employee with his/her annual performance appraisal within the month of
hire or promotion date, he/she will automatically be moved to the next step.
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Section 11. Adjustments to the Anniversary Date (Step Adjustment Date). The anniversary date for a
step increase for an employee shall be adjusted under the following circumstances:
A.) Upon promotion or disciplinary demotion, the existing anniversary date shall be eliminated
and the first day of the month following such promotion or demotion shall be used to
calculate the new anniversary date;
B.) When an employee is demoted from trial service following promotion, the anniversary date
held prior to such promotion shall be reestablished;
C.) For purposes of seniority within a classification, when an employee returns from layoff and
is re-employed in the same classification as originally held, he/she shall retain their original
anniversary date;
D.) When an employee returns from layoff during the recall period and is reemployed in a
classification other than that originally held, he/she shall retain their original anniversary
date.
Section 12. Pay Rate Upon Reinstatement Or Rehire. A person who is recalled from layoff within eighteen
(18) months and is reinstated into the same position shall receive the same step in the pay range as held
prior to the break in service.
Section 13. Out of Class Pay. When an employee is required to work at a higher level classification for a
period of four (4) hours or more within a workday, he/she shall receive the pay step in the higher
classification that results in at least a two (2) step increase in pay for hours worked in the higher
classification. In order for the employee to receive out of class pay, the employee must receive
authorization for out of class pay from the Department Director or designee.
Section 14. Job Posting and Selection Process. Whenever the City determines to fill a vacant bargaining
unit position, including new bargaining unit positions, the City will distribute the announcement in
advance giving notice of the vacancy to all employees via email in accordance with the following
procedures. All vacancies shall be posted. The City shall post the job internally for two (2) consecutive
business days prior to external posting. Any bargaining unit employee may apply for the vacant position.
All bargaining unit employees who apply and meet the minimum qualifications shall be interviewed and
considered prior to externally interviewing for the position. Civil Service positions will be filled according
to Civil Service Rules.
Selection Process
A.) The filling of vacancies will be done in an objective, fair and impartial manner. The City will
determine the procedures which may include written, practical and oral examinations.
Selection criteria will bear a direct relationship to job performance and constitute bona fide
occupational qualifications necessary to properly and efficiently function in the position. All
applicants will receive the same selection criteria and be informed of the results.
B.) Process Review. In the event that a bargaining unit applicant is not selected, that employee
may request, and shall be given his or her broken down score and placement, if applicable,
or reasons for denial.
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Section 15. Classification Changes.6
A.) Policy. It is the intent of the City and the Union to provide current and accurate classification
(position) descriptions, and to insure that all employees are working within the classification
for which they were hired. Department Directors are responsible for assuring that the
employee in their department is working within his/her proper classification, and that the
employee’s actual job functions match their job descriptions. Employees are responsible for
notifying their Department Director when they believe that they are working outside of their
assigned job classification. The City Human Resources Department will insure that revisions
of classification descriptions will be made as often as is necessary to maintain current and
accurate position descriptions. Not all revisions to descriptions result in change of
classification of employees. A change in classification is required when there are significant
changes to the duties and responsibilities of a classification, and is not used to address an
increase/decrease in volume of work, or for the exclusive purpose of providing a salary
increase.
B.) Procedure for Evaluating Classifications.
1. An employee will submit a written request to the Department Director and Human
Resources for a reclassification of their position, using the criteria in subsection C below.
2. Human Resources will conduct a job analysis to determine whether the request is a
significantly different level of duties and responsibilities from the original classification
description. Human Resources will then make a recommendation, within thirty (30)
calendar days, to the Department Director, and to the City Administrator and Mayor or
his/her designee, if necessary, for approval. If approved, the employee who submitted
the request will be notified within seven (7) calendar days and an incumbent employee
will be moved to the changed classification, effective the following pay period. The
Mayor’s, or his/her designee’s, decision is final.
3. The employee and Department Director, (or designee), will review the employee’s job
description as a part of the annual evaluation process. Any significant changes to the
duties and responsibilities of the job will be addressed through a reclassification process;
or
4. Prior to recruiting for any vacant position, the Department Director, (or designee), will
review the job description and address any significant changes to the duties and
responsibilities of the job through a reclassification process prior to advertising for the
position, and notify the Union of the proposed changes; or
5. Periodically a Department Director may find the need to significantly change an
employee’s job duties and responsibilities. The Department Director will initiate a
request for an analysis of a classification change by submitting a written request to the
Human Resources Department. A job analysis is conducted to determine whether the
request is a significantly different level of duties and responsibilities from the original
classification description. Human Resources will then make a recommendation to the
6 The Union does not waive its rights to grieve Section 15 of this article.
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Department Director, and to the City Administrator and Mayor or his/her designee, if
necessary, for approval. If approved, an incumbent employee will be moved to the
changed classification. The Mayor’s, or his/her designee’s, decision is final. Human
Resources will provide the employee and the union with the approved classifications
changes.
C.) Evaluation Criteria. The following criteria are examples used in evaluating reclassification
requests:
1. Changed duties that may result from additions, expansions, or reductions of
responsibilities.
2. Changed qualifications, required education and training, and/or required licenses or
certifications for the position.
3. Consolidation or reassignment of duties which significantly change the position.
4. Significant change in knowledge/expertise to address technology that is required to
perform the duties of the classification.
5. The Department's present and future organizational structure and service delivery
needs that have an adverse impact on the employee’s job description and classification.
6. When an employee’s workload increases in a significant manner that has an impact on
the ability to complete their job functions, the employee will notify his/her supervisor
and a meeting will be scheduled within fifteen (15) calendar days, with the City,
employee and the Union to address the excessive work load issues.
D.) Salary Change for Changed Classifications.
1. Upon change of classification to a position at a higher salary range, the employee will be
placed at a step which is at least one step higher than that which is currently paid the
employee, but not less than Step 1 of the new range. If reclassification is concurrent with
an employee's performance appraisal increase, then a salary increase for a performance
related action would also be made.
2. In the event an evaluation shows that a classification needs to be placed at a lower salary
range, the incumbent will be placed at a step that most closely matches his/her current
salary rate. If the step in the new range is lower than the incumbent's current salary
rate, the rate will be frozen (unaffected by cost-of-living increases or step increases) until
the newly assigned rate moves up to the incumbent's range.
3. If the analysis finds that the reclassification is warranted, but the City does not approve
the reclassification, the City shall remove the duties of the higher classification, including
from the job description, in lieu of approving the reclassification, provided that the
employee will be compensated for the higher level work performed to date.
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Section 16. New Bargaining Unit Position. Should it become necessary to establish a new job
classification within the bargaining unit during the term of this agreement, the employer shall send a copy
of the new job description, the title, and the proposed salary to the Local President and Staff
Representative. The Union shall review the new job description and respond to the city within two weeks
if it wishes to negotiate wages, hours or working conditions associated with the new position. The
employer may post the for recruitment of the position prior to any negotiations, but shall indicated that
the posting is subject to finalization of negotiations with the Union.
Section 1617. Tuition Reimbursement. Tuition reimbursement will be offered in accordance with City
of Arlington Tuition Reimbursement Policy 3-8.
ARTICLE 17 - SENIORITY, LAYOFF, RECALL
Section 1. Seniority List. A seniority list shall be adopted by reference to this Agreement. Such seniority
list shall be by classification seniority and date of hire.
Section 2. Seniority Defined. Seniority shall be established as the date of hire to a full-time position within
the bargaining unit.
Seniority shall not accrue while on a leave without pay in excess of ninety (90) days in accordance with
Article 12, section 1, unless the leave is a result of a federal or state legally protected leave.
Seniority shall be based on continuous service with the City. A break in continuous service shall be defined
as separation of employment, or the expiration of the eighteen (18) month recall period upon layoff.
Section 3. Layoffs. A layoff is defined as the anticipated and on-going reduction in the number of full-
time equivalent (FTE) positions within a job classification covered by this agreement. Layoffs may result
from lack of work, budgetary restrictions, or reorganizations that have taken place. No bargaining unit
employee shall be laid off while another person in the same classification is employed on a probationary
or temporary basis in a position for which the bargaining unit employee is qualified.
Section 4. Notice. The union shall be notified of all proposed layoffs as far in advance as possible to allow
time for negotiations as they relate to the bargaining unit impacts (i.e. seniority and bumping issues etc.)
and possible alternatives to layoffs.
Once the layoffs and possible bumping scenarios are determined the affected employee(s) shall be given
a minimum of thirty (30) calendar day’s written notice. The employee shall inform the City within seven
(7) calendar days of receipt of the layoff notice of their intention to exercise their bumping rights, if
available.
Section 5. Order of Layoff. Layoffs shall first be by classification seniority within the selected department
and classification. In the event of a tie in classification seniority, the date of hire seniority shall prevail.
Section 6. Bumping. Laid off employees, including bumped employees, shall have the option to first bump
less senior employees in their current classification within their department, and then less senior
employees in lower classifications within their department that the emp loyee has previously held or can
perform with skills that could be obtained through a short orientation and/or training period of (60)
calendar days. Employees may bump less senior employees in other departments within their current
classification or a lower level classification if they have previously held the classification and are qualified
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to do the work or can do the work with skills that could be obtained through a short orientation and/or
training period of sixty (60) calendar days.
Employees bumping into lower level classifications must possess more seniority working in that previous
classification than the person they intend to bump.
Section 7. Special Qualifications. The City may layoff out of the order set forth within Section 5 upon
presentation of evidence the operating needs of the department require a special qualification, training,
or skill, provided:
A.) The special qualification, training, or skill could not be easily obtained through a short
orientation or familiarization period; and
B.) A more senior employee who possesses the special qualification, training, or skill is not
denied a bump to a position occupied by a less senior employee.
Section 8. Recall. An employee who has been laid-off shall be entitled to recall rights for a period of
eighteen (18) months from the effective date of layoff. Employees on the recall list shall be notified if a
vacancy occurs in any position within the bargaining unit. The vacancy shall be filled in accordance with
seniority among the qualified employees on the recall list.
If the employee on the recall list elects not to accept two (2) offers to return to work in the former or
comparable position or fails to respond within ten (10) calendar days of the offer of recall, they shall be
removed from the recall list and considered to have resigned.
Section 9. Payout of Accrued Benefits. An employee who has been laid off will be entitled to receive one
hundred percent (100%) payout on all accrued compensatory time. Vacation and sick leave shall be paid
out in accordance with Articles 9 and 10 of this agreement.
ARTICLE 18 - PROBATION PERIODS, TRIAL SERVICE
Section 1. Purpose. Probationary and trial service periods are working test periods and shall be an integral
part of the examination process and shall be utilized as an opportunity to observe an employee's work, to
train and aid the employee in adjustment to his/her position, and to reject any employee whose work
performance fails to meet required work standards.
Section 2. Duration. All new (or initial) employment, promotional appointments of employees shall be
tentative and subject to a probationary or trial service period which starts upon the effective date of an
appointment.
A probationary period shall be required for all initial appointments to City employment and where
required by this Agreement and shall be six (6) months in duration. An employee may be terminated at
any time during the probationary period without recourse to the grievance procedure.
A trial service period shall be required following a promotion and shall be six (6) months in duration.
Section 3. Trial Service Period - Promotions, Demotions and Transfers. All promotions, demotions and
transfers shall be subject to a six (6) month probationary period. In the event a promoted or transferred
employee is found to be unsatisfactory following a performance evaluation after six (6) months, the
employee shall be restored to his/her previous position. If a demoted employee fails to pass the
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probationary period, and the demotion was voluntary, the employee will be restored to his/her previous
position. For the purposes of this Section;
A.) Promotions shall be defined as movement from one position covered by this Agreement to
another position covered by this Agreement with a higher salary range;
B.) Transfer shall be defined as movement from one position covered by this Agreement to
another position covered by this Agreement in the same salary range; and demotion shall be
defined as movement from one position covered by this Agreement to another position
covered by this Agreement with a lower salary range.
In the event an employee is on leave for more than fourteen (14) calendar days during a probati onary or
trial service period, the completion date may be extended by an amount of time equal to the period of
leave.
ARTICLE 19 – LABOR MANAGEMENT COMMITTEE
The City and the Union have established an Executive Board Committee which will meet periodically
during the term of this Agreement to discuss matters of mutual concern. The Committee will meet at the
request of either party. The Committee shall consist of not more than three (3) representatives from the
City and three (3) official Union representatives. The party calling for the meeting shall forward a copy of
the agenda at least one (1) week in advance of the meeting.
ARTICLE 20 - DISCIPLINE AND TERMINATION
Section 1. Employee Discipline. The City shall not discipline or discharge any post probationary employee
without just cause. For the purposes of this section, verbal coaching/counseling sessions between a
supervisor/manager and employee that are informal and intended to improve or modify work
performance are not classified as pre-disciplinary or disciplinary proceedings.
Section 2. Disciplinary Action.
(A.) Disciplinary action or measures may include written reprimand, suspension,
reduction in step, demotion discharge, or other disciplinary measures. The City agrees that
disciplinary action is intended to be progressive in nature; however, the City may advance to more
serious disciplinary action, up to and including termination, if warranted by the violation.
(B.) Disciplinary actions shall generally be initiated within sixty (60) calendar days of
the employer knowledge of the incident which is the basis of the disciplinary action(s). Should
an investigation require potentially longer than sixty (60) calendar days to make a decision
about whether or not to propose discipline in a given circumstance, the employer shall
provide the Union Staff Representative a good faith estimate of when it should have its
investigation completed and a decision made on whether to pursue discipline in a given
circumstance. Should any additional time extensions be necessary, the employer shall provide
updated notice prior to the Union Staff Representative.
(C.) A copy of any proposed pre-disciplinary and proposed disciplinary action shall be
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sent to the Union Staff Representative at such time it is issued to the employee.
ARTICLE 21 – GRIEVANCE PROCEDURE
Section 1. Intent. It is the desire of the City and the Union to resolve grievances that may arise during
the term of this Agreement informally and at the lowest level possible. A "grievance" means a claim or
dispute by an employee (or the Union in the case of Union rights) with respect to the interpretation or
application of the provisions of this Agreement. Corrective action below a written reprimand is not
subject to the grievance procedure.
Section 2. Procedure.
STEP 1: An employee must present a grievance in writing within fifteen (15) calendar days of the date the
employee knew or should have known of the occurrence to the employee's supervisor, with a copy to the
Union, who shall attempt to resolve it and respond in writing within fifteen (15) calendar days after it is
presented.
STEP 2: If the employee is not satisfied with the solution by the immedia te supervisor, the grievance, in
writing, may be presented within fifteen (15) calendar days of the supervisor's response to the
Department Director by an official Union representative. The written grievance shall include a statement
of the issue, a chronological listing of the pertinent events that took place, the section of the Agreement
violated and the remedy sought. Such information shall be submitted on an official Grievance Form, which
shall be provided by the Union. The Department Director shall attempt to resolve the grievance and
respond in writing within fifteen (15) calendar days after it has been presented.
Alternatively, by mutual agreement of the Union and the City, non-disciplinary grievances may be
submitted to the Labor Management Committee for resolution. The Labor Management Committee will
consider the statements of the employee and the City and attempt to resolve the matter within fifteen
(15) calendar days of submittal. The Committee’s role is limited to facilitating dispute resolutio n; it may
not compel settlement and no record of the Committee is admissible in arbitration. If the employee is
not satisfied with the solution of the Committee, the grievance may then be filed, in writing, within fifteen
(15) calendar days, with the Department Director.
STEP 3: If the Union is not satisfied with the solution by the Department Director, the grievance may be
presented within fifteen (15) calendar days to the City Administrator. The City Administrator shall attempt
to resolve and respond in writing to the grievance within fifteen (15) calendar days after it is presented.
STEP 4: If the Union is not satisfied with the solution by the City Administrator, the grievance may be
presented within fifteen (15) calendar days to the Mayor. The Mayor shall attempt to resolve and respond
in writing to the grievance within fifteen (15) calendar days after it is presented.
STEP 5: If the grievance is not resolved by the Mayor within fifteen (15) calendar days, the grievance may
be referred to a mediator. The City and the Union shall attempt to select a mediator by mutual agreement.
In the event the parties are unable to agree upon a mediator, either party may request the Public
Employment Relations Commission (PERC) or Federal Mediation & Conciliation Service (FMCS) to submit
a panel of nine (9) mediators. The City and Union shall alternately strike names of mediators until one
mediator’s name is left who shall be mediator. The order of striking names shall be determined by the flip
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of a coin. The mediator shall be notified of his/her selection by a joint letter from the City and the Union
requesting that he/she set a time and a place subject to the availability of the City and Union
representatives. Upon designation of the Mediator, the parties will make every attempt to schedule a
date for mediation within fifteen (15) calendar days.
A.) Proceedings before the Mediator shall be confidential and informal in nature. No transcript
or other official record of the mediation conference shall be made.
B.) The Mediator shall attempt to ensure that all necessary facts and considerations are
revealed. The Mediator shall have the authority to meet jointly and/or separately with the
parties and gather such evidence as deemed necessary.
C.) The Mediator shall not have the authority to compel resolution of the grievance. If the
Mediator is successful in obtaining agreement between the parties, he shall reduce the
grievance settlement to writing. Said settlement shall not constitute a precedent unless both
parties so agree.
D.) If mediation fails to settle the dispute, the Mediator may not serve as an arbitrator in the
same matter, nor appear as a witness for either party. Nothing said or done in mediation
may be referred to or introduced into evidence at any subsequent arbitration hearing.
STEP 6: Arbitration Procedure. If the grievance is not settled in accordance with the foregoing procedure,
the Union or City may refer the grievance to arbitration within fifteen (15) calendar days after the receipt
of the answer in Step 5. If the request for arbitration is not filed by the official Union representative or
the City within fifteen (15) calendar days, the Union or the City waives its right to pursue the grievance
through the arbitration procedure. The City and the Union shall attempt to select a sole arbitrator by
mutual agreement. In the event the parties are unable to agree upon an arbitrator, either party may
request the Public Employment Relations Commission (PERC) or Federal Mediation & Conciliation Service
(FMCS) to submit a panel of nine (9) arbitrators. The City and Union shall alternately strike names of
arbitrators until one arbitrator's name is left who shall be arbitrator. The order of striking names shall be
determined by the flip of a coin. The arbitrator shall be notified of his/her selection by a joint letter from
the City and the Union requesting that he/she set a time and a place subject to the availability of the City
and Union representatives. The arbitrator shall have no right to amend, modify, ignore, add to, or subtract
from the provisions of this agreement. He/she shall consider and decide only the specific issue submitted
to him/her in writing by the City and the Union, and shall have no authority to make a decision on any
other issue not submitted to him/her. The arbitrator shall submit his/her decision in writing within thirty
(30) days following the close of the hearing or the submission of briefs by the parties, whichever is later,
unless the parties agree to an extension thereof. The decision shall be based solely upon his/her
interpretation of the meaning or application of the express terms of this Agreement to the facts of the
grievance presented. The decision of the arbitrator shall be final and binding.
Section 3. Miscellaneous Provisions.
A.) The cost of the mediation and/or arbitration shall be borne equally by the parties including
the Mediator and/or Arbitrator's fees and expenses, room rental and cost of record.
B.) Each party shall bear the cost of the preparation and presentation of its own case and for
compensating its own representatives, attorneys and witnesses.
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C.) The term "employee" as used in this Article shall mean an individual employee, a group of
employees, and/or their official Union representative.
D.) An aggrieved party shall be granted time off without loss of pay for the purpose of attending
the hearing on a grievance.
E.) A grievance may be entertained in, or advanced to, any step in the grievance procedure if
the parties so jointly agree.
F.) The time limits within which action must be taken or a decision made as specified in this
procedure may be extended by mutual written consent of the parties involved. A statement
of the duration of such extension of time must be signed by both parties.
G.) Any grievance shall be considered settled at the completion of any step if the employee is
satisfied or deemed withdrawn if the matter is not appealed within the prescribed period of
time.
Section 4. Nothing herein shall prevent an employee from seeking assistance of the Union, or the Union
from furnishing such assistance at any stage of the grievance procedure.
Section 5. No issue whatsoever shall be arbitrated or subject to arbitration unless such issue results from
an action or occurrence which takes place following the effective date of this Agreement.
Section 6. Any grievance filed on behalf of a group of employees or a class action grievance shall be
reviewed, approved and submitted by an official Union representative prior to such filing, and shall be
signed by the Local Union President.
ARTICLE 22 - WAGES AND LONGEVITY
Section 1. Appendix A. The wage schedule for employees in the Bargaining unit shall be as set forth in
the appropriate appendix attached hereto.
Section 2. Longevity Pay. Employees hired on or after May 20, 2013 shall receive longevity pay based on
the following schedule.
Starting with the 11th year of service: 2%
Starting with the 16th year of service: 3%
Starting with the 21st year of service: 4%
Longevity shall be calculated from the employee’s base monthly salary and added to the base monthly
salary.
Section 3. Wages.
2019 3.3% Adjustment applied retroactively to reformatted 2018 Pay Plan
2020 3.0% Adjustment applied to the 2019 Pay Plan
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2021 100% of CPI-W June to June Seattle-Bellevue Index, with minimum of 2.75% and a
maximum of 3.25% applied to the 2020 Pay Plan.
January 1, 2022 2.0% Adjustment applied retroactively to restructured 2021 Pay
Plan
July 1, 2022 3.0% Adjustment applied to the January 1, 2022 Pay Plan
January 1, 2023 2.5% Adjustment applied to the July 1, 2022 Pay Plan
July 1, 2023 2.5% Adjustment applied to the January 1, 2023 Pay Plan
January 1, 2024 2.0% Adjustment applied to the July 1, 2023 Pay Plan
July 1, 2024 2.0% Adjustment applied to the January 1, 2024 Pay Plan
Section 4. Specialty Pay
(A.) The City has facilitated the Backflow Assembly Testing (BAT) certification of one
Maintenance and Operations bargaining unit members and the Union requested to
bargain over the compensation associated with the possession of this certification and
the performance of the duties associated therewith. So long as the current bargaining
unit member maintains this certification and is available to perform the work associated
with backflow assemblies, they shall be eligible for a two percent (2%) premium pay.
1. The City reserves the right to outsource this work in whole or in part, as needed based
on departmental workload and staffing.
2. Should the existing bargaining unit member’s certification expire, the parties shall
bargain over Article 22, Section 4.
(B.) The City has facilitated the ISA Arborist certification of one Maintenance and Operations
bargaining unit members and the Union requested to bargain over the compensation
associated with the possession of this certification and the performance of the duties
associated therewith. So long as the current bargaining unit member maintains this
certification and is available to perform the work associated with backflow assemblies,
they shall be eligible for a two percent (2%) premium pay.
1. The City reserves the right to outsource this work in whole or in part, as needed based
on departmental workload and staffing.
2. Should the existing bargaining unit member’s certification expire, the parties shall
bargain over Article 22, Section 4.
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(C.) Bargaining unit members in the following divisions of Public Works Utilities shall be eligible
to receive a two percent (2%) premium pay for possession and maintenance of each of the following
certifications so long as they are not required as part of their job description:
1. Commerical Drivers License (CDL) (applies to bargaining unit members of Water
Distribution, Wastewater Collections and Wastewater Treatment Plant)
2. Backflow Assembly Testing (BAT) (applies to bargaining unit members of Water
Distribution and the Wastewater Treatment Plant)
3. Water Distribution Manager II (applies to bargaining unit members in Water
Distribution)
(D.) Maintenance and Operations bargaining unit members shall be eligible to receive a two
percent (2%) premium pay for possession and maintenance of each of the following certifications so long
as they are not required as part of their job description:
1. Commerical Drivers License (CDL)
(E.) Airport bargaining unit members shall be eligible to receive the premium pay listed
below for possession and maintenance of each of the following certifications so long as they are not
required as part of their job description:
1.Certified Member (CM #1) (2%)
3. Airport Safety and Operations Specialist (ASOS) (1%)
4. Airport Certified Employee Certification (ACE) (1%)
2. Part 107 Drone Pilot License (1%)
(F.) In no circumstance may any one bargaining unit member receive more than four percent
(4%) for any combination of premium pays.
(G.) Base salary shall be utilized in calculating promotional pay rates and any premium pay(s)
shall not be included in such calculation.
ARTICLE 23 – HEALTH AND WELFARE INSURANCE
Section 1. Medical Insurance. The City shall provide a medical insurance plan covering sickness and injuries
for full-time employees and their dependents. The City shall provide medical coverage to employees
covered by this agreement in the form of a choice between Association of Washington Cities (AWC)
HealthFirst 250, or materially similar plan, and optional group coverage under (1) AWC’s Group Health
$10 co-pay plan in 2016 and 2017; and (2) AWC’s Group HealthKaiser Permanente $200 Deductible $20
co-pay plan effective January 1, 2018.
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The City will also make available effective January 1, 2017, the AWC Regence High Deductible Health Plan
(HDHP) with Health Savings Account (HSA). HSA contributions are subject to IRS rules and any applicable
limits under the federal Affordable Care Act. The City will make the following HSA contributions to
employees enrolled on the HDHP:
Employee Only $900 per year
All other tiers 50% of the savings to the City as compared to the applicable
Group Health co-pay plan. For example, if the City’s 90% portion
of the Group Health plan premium is $1,000 and the HDHP
premium is $500, the City will pay the full HDHP premium and
will deposit $250 into the employee’s HSA.
On a one-time basis in 2017, the City’s HSA contribution will be frontloaded in January 2017. An employee
who receives the frontloaded HSA but separates from the City during 2017 will reimburse the City for a
prorated portion through a deduction from the employee’s final wages. An employee who joins the City
in 2017 after the month of January will receive a front-loaded, prorated HSA contribution. After 2017, the
The City’s HSA contributions will be paid monthly.
The City and the employee shall continue to share the cost of the monthly premiums as follows:
Regence HealthFirst 250: Eighty percent (80%) paid by City, and twenty percent (20%) paid by the
employee.
Group HealthKasier Permanente $200 Deductible $10 Co-pay Plan or Group Health $20 Co-pay Plan:
Ninety percent (90%) paid by City and ten percent (10%) paid by the employee.
Regence High Deductible Health Plan: One hundred percent (100%) paid by City.
Section 2. Dental. The City shall provide a group dental insurance program for full-time employees and
their dependents. The City will provide WDS Dental Plan F, or a materially similar plan, for full-time
employees and their dependents. The City shall pay ninety (90%) of the monthly premium and the
employee shall pay (10%) of the monthly premium.
Section 3. Vision. The City currently provides employees and their eligible family members an opportunity
to enroll in vision coverage with Vision Service Plan. The City shall pay one hundred percent (100%) of the
monthly premium.
Section 4. Group Life Insurance and Accidental Death and Dismemberment Insurance (AD&D). The City
shall pay one hundred percent (100%) for the premiums for eligible enrolled employees only for coverage
under the AWC Group Life and AD&D Insurance Plan
Section 5. Group Long Term Disability. The City shall pay one hundred percent (100%) of the premiums
for eligible enrolled employees only for coverage under the AWC Group Long Term Disability Insurance
Plan.
Section 6. Employee Assistance Program (EAP) - The City shall pay one hundred percent (100%) for the
premiums for eligible enrolled employees only for coverage under the AWC EAP 1-8 Visit Buy-Up Plan
during the term of this Agreement, if available.
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Section 76. Healthcare “Opt Out” / Dual Coverage Incentive Program. The City will allow all bargaining
unit members to participate in the Dual Coverage program.
A.) The program is available to bargaining unit members and members with a spouse or
domestic partner and/or eligible dependents who are eligible for both a City of Arlington
medical insurance plan and another continuous, comprehensive medical insurance plan. The
program is also available to bargaining unit members that are husband and wife or domestic
partners who have coverage on the City of Arlington medical insurance plan. Nothing in this
program prohibits bargaining unit members from enrolling new family members in the City’s
insurance programs. All program participants must sign a waiver that certifies that they, their
spouse, and/or dependents have other medical coverage and acknowledge the conditions
for re-enrollment on the medical and/or dental plan, and provide evidence of such coverage.
Employees who enroll in the Dual Coverage Medical Insurance Incentive Program will need
to enroll in the HRA/VEBA program.
B.) Under the City of Arlington’s program, bargaining unit members may be voluntarily eligible
to decline medical insurance coverage for themselves or their eligible family members and
receive a monthly financial incentive for doing so.
C.) The City must remain in compliance with AWC Employee Benefit Trust requirements and
underwriting rules for all insurance programs at all times. If the City reaches the threshold
for enrollment in any program, bargaining unit members and/or eligible family members will
no longer be able to waive coverage. This is done on a first-come, first-serve basis.
D.) This program is limited to the waiver of medical coverage only. Employees electing to decline
dental insurance benefits only will not receive an incentive. Employees’ vision and life
insurance benefits, and eligible dependents vision insurance, will remain in effect in
compliance with AWC Employee Benefit Trust requirements and underwriting rules.
E.) Employees will only receive the incentive if the employee, their spouse or domestic partner
and/or dependents decline medical insurance benefits.
F.) Re-enrollment on the City’s medical and dental plans is available:
a. During the annual open enrollment period each year with coverage effective date of
January 1 the following year.
b. Mid-year if the employee or eligible dependent experience a COBRA qualifying event or
lose their other medical coverage provided there has been no break in coverage between
the end of the other insurance coverage and enrolling onto the City medical and/or
dental plan.
c. Proof of loss of the other continuous, comprehensive medical and dental coverage is
required for mid-year re-enrollment.
G.) Enrollment in the Dual Coverage Incentive Program will remain in effect until the bargaining
unit member exercises re-enrollment privileges outlined above, or the bargaining unit
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member, the member’s spouse and/or dependents are no longer eligible for City of Arlington
medical coverage under any circumstance.
H.) Incentive payments will only be made if there is an actual savings in the premiums the City is
paying. For example, if a bargaining unit member has three children on the City of Arlington
medical coverage and they drop one child, there is no change in the premium. Therefore, the
employee would not be eligible for incentive pay.
I.) The maximum incentive amount per month is $300. The maximum incentive amount per
year is $3,600. Incentive amounts are payable monthly into the bargaining unit member’s
VEBA account, unless the member is enrolled in a High Deductible Health Plan, in which case
the incentive will be contributed to the employee’s Health Savings Account in accordance
with IRS requirements.
J.) Dual Coverage Medical Insurance Incentive Pay Schedule:
Category Employee Incentive Per Month Employee Incentive Per Year
Employee $100.00 $1200.00
Spouse $100.00 $1200.00
Additional Dependent $ 50.00 $ 600.00
Additional Dependent $ 50.00 $ 600.00
K) Beginning July 1, 2022, the maximum age of dependents eligible for the medical Opt Out
incentive shall increase from up to age twenty-four (24) to up to age twenty-six (26).
Section 87. The City retains the right to change the carrier or funding mechanisms for any or all of the
above insurance coverage, provided benefits are not reduced during the term of this Agreement. Should
the City wish to consider benefit trade-offs for an overall improvement to the health benefit plans, the
City will negotiate with the Union regarding the trade-off provisions.
Section 98. Deferred Compensation Plan. The Employee shall have the option of participating in any
deferred compensation plan offered by the Washington State Department of Retirement Systems.
Employees may defer a portion of their taxable income, into a retirement savings plan that is subject to
federal rules and regulations governing deferral limits, tax liability and restrictions on withdrawals.
Section 5. Deferred Compensation Plan
(A) The employee shall have the option of participating in any deferred compensation plan
offered by the City. Employees may defer a portion of their taxable income, into a
retirement savings plan that is subject to federal rules and regulations governing deferral
limits, tax liability and restrictions on withdrawals.
(B) Beginning July 1, 2024, the City shall match up to one percent (1%) of the gross base wage
(consisting of base salary only) of each participating bargaining unit member.
(C) Employees may choose to increase their portion of the contribution should they
choose to defer up to the maximum allowable amount. However, the total amount
Collective Bargaining Agreement
City of Arlington / ACE represented by WSCCCE
Effective 1/1/2019 2022 through 12/31/2021 342024
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deferred monthly may not exceed the maximum allowable per the Deferred
Compensation Program regulations.
(D) It is the responsibility of the employee to fill out and submit enrollment forms before
any match can occur and to contact the State of Washington Deferred Compensation
Program in order to initiate changes to their monthly-deferred amounts. Sufficient
time must also be given to the City's Finance Department for processing.
ARTICLE 24 – DRUG TESTING
Section 1. Omnibus Transportation Employees Test Act - Policy Statement. The provisions of this Section
are intended to comply with the Omnibus Transportation Employees Testing Act of 1991 (the Act) and
relevant Department of Transportation regulations. The parties agree that the workplace should be free
from the risks posed by the use of alcohol and controlled substances in order to protect the safety of
employees and the public. The unlawful manufacture, distribution, possession or use of a controlled
substance is prohibited in the workplace. The parties further recognize that the abuse of alcohol and
controlled substances is a treatable illness and the City will make reasonable efforts to provide assistance
to employees in need of help. An employee assistance program (EAP) is available to employees with
personal problems, including those associated with alcohol or controlled substances use. The City and
the Union will aid such employees who request assistance with such problems. The City and the Union
will encourage the employee to seek professional assistance where necessary.
ARTICLE 25 – CLOTHING / APPEARANCE
Section 1. Employees are expected to maintain a clean and professional appearance. Protective clothing
required by the City will be provided by the City. The City may provide uniform pants, shirts, coats, or
specialized safety clothing (boots, reflective coats) for bargaining unit employees. Uniform pieces may be
rented and cleaned by the City or purchased by the City and cleaned by the employee depending on the
department/division assigned. Administration of this Article is contingent upon the Oversight Committee
policies governing uniforms/safety clothing for each department division effected.
A.) Employees that are issued uniforms are expected to wear their complete uniforms during
assigned work hours and wear them in accordance with City policies.
B.) All uniform items shall be distributed through a quartermaster system to be developed by
the City and reviewed by AFSCME through the Oversight Committee prior to implementation.
C.) Employees shall be required to sign for all uniform pieces at time of issue and return all
uniform pieces upon leaving employment with the City or with the department that issued
the uniform. Failure to return all issued equipment may result in delay or reduction of final
pay disbursement.
D.) Employees required to wear safety boots will follow the City “Quartermaster” system for
purchasing said boots, paid for by the City on an as-needed basis no more than once per
calendar year; provided that boots may be purchased more often if the boots are deemed
by the Quartermaster to be no longer serviceable.
Collective Bargaining Agreement
City of Arlington / ACE represented by WSCCCE
Effective 1/1/2019 2022 through 12/31/2021 352024
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E.) The Oversight Committee shall be formed consisting of one (1) representative from the
following departments; Public Works, Community & Economic Development and Police to
work in conjunction with the Quartermaster.
F.) All required patches, cloth badges, name emblems, service bars or any such items will be
provided and affixed to all such uniform items issued to employees at the City’s cost. All
reasonable uniform maintenance, alterations, cleaning and repairs shall be provided by the
City.
Section 2. Quartermaster Uniform Package for Field Staff
A.) Beginning January 1, 2023, field staff in the Public Works Department and the
Maintenance and Operations Department shall be issued the following items through a
Quartermaster system that will be facilitated by Finance Department purchasing staff
along with a designated liaison for each Department.
B.) The Employer shall provide and maintain not less than the following number
of clothing items:
• One (1) pair of rubber boots
• One (1) set of rain gear
• One (1) insulated jacket
• One (1) summer cap
• One (1) winter cap
The Quartermaster or their designee shall replace those clothing items listed
above as needed upon a showing that the item is worn and in need of
replacement.
C.) The Employer shall provide the following items each year to each
employee not less than the following number of uniform items as listed
below:
• Six (6) pairs of pants
• Ten (10) long or short-sleeved T-shirts (any combination of 10
shirts total)
• Four (4) Sweatshirts
Employees may make in irrevocable election for 2023 and 2024 to
receive a payment of $250 each year in lieu of utilizing the pants service
provided by the employer. Such payment will be made in January of
each year.
D.) Employees may purchase safety boots each year in an amount of up to $250.
Any additional cost is to be born by the employee.
Collective Bargaining Agreement
City of Arlington / ACE represented by WSCCCE
Effective 1/1/2019 2022 through 12/31/2021 362024
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E.) All new employees will be issued all uniform items and safety boots within
two (2) weeks of their hire date.
F.) Quartermaster procedures and forms will be finalized in labor-management
during 2022 prior to implementation.
ARTICLE 26 – VOLUNTEERS
The City and the Union recognize that the City has a current system in place that utilizes volunteers to
assist in providing services to the citizens, businesses, and customers of the City of Arlington.
The use of volunteers will not supplant bargaining unit positions. Volunteers shall not be assigned to
perform functions normally performed by employees working in a paid status within the last thirty-six (36)
months. No bargaining unit member shall be laid off as a result of the volunteer program.
The City and the Union will meet in a labor management forum and come to a mutual agreement prior to
implementing any new volunteer program. Disputes regarding the utilization of volunteers shall be subject
to grievance procedures.
The City will in no event use volunteers to do normal work of Union members or to circumvent the holiday
overtime and/or any other provisions of this agreement.
ARTICLE 27 – CDL RENEWALS
The employer shall continue the existing practice of selecting CDL physical vendors and paying for the
basic CDL physical for employees required to renew their endorsements/CDL. Employees may continue
the existing practice of utilizing paid release time to complete the basic CDL physical with prior approval
from Human Resources and their supervisor. Employees may continue to be reimbursed for the
additional costs of the CDL and any required endorsements beyond those of a normal driver’s license
renewal.
ARTICLE 28 – NO STRIKES OR LOCK-OUTS
The City and the Union recognize that the public interest requires the efficient and uninterrupted
performance of all City services, and to this end pledge their best efforts to avoid or eliminate any conduct
contrary to this objective. During the term of this Agreement, neither the Union nor the employees
covered by this Agreement shall cause, engage in or sanction any work stoppage, strike, slowdown or
interference with City functions. Employees who engage in any of the foregoing actions shall be subject
to disciplinary action. The City shall not institute any lock-out of its employees during the life of this
Agreement.
ARTICLE 29 – SAVINGS CLAUSE
Section 1. Should any Section of this Agreement or any addenda thereto be held invalid by operation of
law or by any tribunal of competent jurisdiction, or should compliance with or enforcement of any
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City of Arlington / ACE represented by WSCCCE
Effective 1/1/2019 2022 through 12/31/2021 372024
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provision be restrained by such tribunal, the remainder of this Agreement and addenda shall not be
affected thereby. At the request of either Union or the City, both parties shall enter into negotiations
within fifteen (15) calendar days after said request for the purpose of arriving at a satisfactory
replacement for the invalidated language.
Section 2. Supremacy of Agreement. This Agreement, when in conflict with any Personnel Policy, Civil
Service Rule or Regulation, shall prevail over such policy, rule or regulation. In all other cases, the
Personnel Policy, Civil Service Rule or Regulation shall apply to employees in the bargaining unit.
Section 3. Changes in Personnel Policies. Any changes in Personnel Policy materially affecting mandatory
subjects of bargaining may be addressed in Labor Management Committee. This will not be considered a
waiver of the Union's right to bargain regarding changes, as may be required by RCW 41.56.
ARTICLE 30 – ENTIRE AGREEMENT
The parties acknowledge that during the negotiations which resulted in the Agreement each had the
unlimited right and opportunity to make demands and proposals with respect to any subject or matter
not removed by law from the area of collective bargaining, and that the understandings and agreements
arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.
The parties agree that no oral or written statement shall add to or supersede any of the provisions of this
Agreement. By mutual agreement of the parties a memorandum of understanding addendum may be
negotiated and incorporated as a part of this agreement.
ARTICLE 31 - TERM OF AGREEMENT
This agreement will be effective from January 1, 2019 2022 through December 31, 20212024.
ARLINGTON CITY EMPLOYEES CITY OF ARLINGTON
By _____________________________________ By ________________________________
Launa PetersonTimm Sprague, President Barbara Tolbert,
Mayor
Date ___________________________________ Date ______________________________
WASHINGTON STATE COUNCIL OF CITY & COUNTY EMPLOYEES, COUNCIL 2
By _____________________________________
Bill Keenan, Director of Organizing
Date ___________________________________
Page 38
MEMORANDUM OF AGREEMENT
by and between
THE CITY OF ARLINGTON, WASHINGTON
And
ARLINGTON CITY EMPLOYEES, LOCAL 2849
OF THE WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, COUNCIL 2, AFSCME
AGREEMENT ON IMPLEMENTATION OF SUCCESSOR COLLECTIVE BARGAINING AGREEMENT
THIS AGREEMENT is entered into by and between the City of Arlington, Washington,
hereinafter referred to as the City, and the Arlington City Employees, Local 2849, hereinafter
referred to as the Union.
The parties wish to document agreement on the following items contemporaneous with
the adoption of the successor collective bargaining agreement (CBA), effective January 1, 2022
through December 31, 2024.
The parties have agreed on the following terms in resolving the outstanding issues as
identified herein:
1. The parties’ adoption of the new January 2022 Salary Schedule (ADDENDUM A – Table
2022) is effective retroactively to January 1, January 2022.
2. 2022 retroactive wage adjustments shall be paid out on the May 6, 2022 payroll. This
retroactive payment shall only apply to those bargaining unit members employed as of
January 1, 2022.
3. Specialty Pay in Article 22, Section 4 is, except BAT certification pay, is effective May 1,
2022.
4. The IT On-Call MOU is retroactive to November 1, 2021, as indicated therein.
5. The attached CDL Training Contract Template shall be utilized when the City and a
member of the bargaining unit mutually agree for the City to provide the bargaining unit
member with the opportunity to obtain their CDL and such agreement shall only require
the signature of the bargaining unit member and City Administrator.
Page 39
6. The parties agree that the existing Shared Leave Policy 3-7 will sunset after December
31, 2024. The parties shall negotiate a direct leave donation program for bargaining unit
members to become effective January 1, 2025 as a replacement.
7. As indicated in Article 6 of the collective bargaining agreement, bargaining unit
members in the Maintenance and Operations Department will begin working scheduled
weekend days every year for an approximately six (6) month seasonal period, generally
commencing in April and ending in September. For 2022, the seasonal weekend
schedule will not commence until May 2022. The seasonal schedule for 2022 has been
established during the course of negotiations.
8. The City Police Department has adopted a Body-Worn Camera policy and an issues with
its implementation with members of the bargaining unit shall be referred to labor-
management.
9. This MOA is effective retroactively to January 1, 2022 once signed by both parties. No
modification to this MOA is valid unless in writing and signed by the parties.
10. This MOA shall remain in full force and effect until December 31, 2024, or until such
time as a successor collective bargaining agreement is in place, whichever occurs later.
ARLINGTON CITY EMPLOYEES, LOCAL 2849 CITY OF ARLINGTON
Timm Sprague, President Barbara Tolbert, Mayor
Date: Date:
WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, COUNCIL 2, AFSCME
Bill Keenan, Organizing Director
Date:
Page 1 of 2
MEMORANDUM OF UNDERSTANDING
by and between
THE CITY OF ARLINGTON, WASHINGTON
and
ARLINGTON CITY EMPLOYEES, LOCAL 2849
OF THE WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES,
COUNCIL 2, AFSCME
IT On-Call Premium Pay
THIS AGREEMENT is entered into by and between the City of Arlington, Washington,
hereinafter referred to as the City, and the Arlington City Employees, Local 2849, hereinafter
referred to as the Union.
The City and the Union are interested in providing premium pay for IT staff who are
bargaining unit members and part of the on-call rotation schedule. The position(s) that would
currently be subject to this on-call schedule are currently salaried and not overtime-eligible.
Daily on-call premium pay for any salaried overtime-exempt bargaining unit member assigned
IT on-call duty between November 1, 2021 and December 31, 2024 shall be compensated
retroactively to November 1, 2021, per the conditions as stated below.
The parties have reached the following agreement on the implementation of the
Temporary IT On-Call Premium Pay:
1. IT bargaining unit members, shall receive a daily on-call premium of $20.00 for every day
they are assigned to be on the on-call schedule between October 1, 2021 and December 31,
2024, or until such time as a successor bargaining agreement is in effect, whichever occurs
later.
2. During any periods of on-call assignment, staff must refrain from using any intoxicating
substances and must remain within a twenty-five (25)-mile radius of Arlington City Hall
and able to respond after hours, if needed.
3. A city take-home vehicle will be made available for periods of IT on-call coverage,
however, it is not required. If the employee on-call does not wish to use a take-home
vehicle, they shall respond on location, if needed, in their personal vehicle.
4. This MOU is effective when signed by both parties, retroactive to November 1, 2021.
5. No modification to this MOU is valid unless in writing and signed by the parties.
6. This agreement shall remain in full force and effect until December 31, 2024, or until a
successor bargaining agreement is in effect, whichever occurs later.
Page 2 of 2
CITY OF ARLINGTON AFSCME
Barbara Tolbert, Mayor Tim Sprague, President
Date: Date:
______________________________
Bill Keenan, Director of Organizing
Date:__________________________
Page 1 of 3
THE CITY OF ARLINGTON, WASHINGTON
and
ARLINGTON CITY EMPLOYEES, LOCAL 2849
OF THE WASHINGTON STATE COUNCIL OF COUNTY AND CITY EMPLOYEES, COUNCIL 2, AFSCME
CDL Training Contract
THIS AGREEMENT is entered into by and between the City of Arlington, Washington,
hereinafter referred to as the City, and the Arlington City Employees, Local 2849, hereinafter
referred to as the Union.
The City’s Maintenance Worker and Utility Worker classification series requires the
acquisition of a CDL to promote up. Bargaining unit member and INSERT DEPARTMENT
employee INSERT EMPLOYEE NAME has expressed an interest in receiving CDL training and
obtaining his/her CDL.
The City, INSERT EMPLOYEE NAME and the Union have mutual interest in INSERT
EMPLOYEE NAME obtaining his/her CDL so he/she is able to drive larger vehicles in the fleet,
particularly during the upcoming winter season; INSERT EMPLOYEE NAME would like to expand
his/her skillsets as a precursor to potential future promotion; and, the Union wants to ensure
equitable access to training and promotional opportunities for its members.
To that end, the parties have reached the agreement as outlined below:
1. INSERT EMPLOYEE NAME shall be registered for outside CDL training at a City-approved
vendor to commence in INSERT MONTH INSTERT YEAR.
2. The City shall pay the cost of INSERT EMPLOYEE NAME’s outside CDL training, including
registration and materials, permits, tests and DOT physical (for a total of $INSERT TOTAL
COST), and shall compensate INSTERT EMPLOYE NAME at his/her normal forty (40) hour
per week schedule during the period of training. Any other hours worked as part of
normal job duties and not related to CDL instruction or travel shall be compensated per
the applicable provisions of the collective bargaining agreement.
3. Should INSERT EMPLOYEE NAME fail to complete and/or pass the CDL training course
and/or fail to obtain his/her CDL in a reasonable time period (not to exceed 2 months)
after completing the CDL training course, he/she shall be required to repay the full
amount expended by the City on his/her behalf for the registration and materials for the
course.
Page 2 of 3
4. INSERT EMPLOYEE NAME accepts that the CDL training is voluntary and he/she wishes to
accept it in order to qualify for future promotion. Should he/she successfully complete
the CDL training and then be terminated for any reason or voluntarily separate
employment with the City prior to working two (2) years from the effective date of this
Memorandum of Understanding, INSERT EMPLOYEE NAME shall be required to repay a
prorated amount of the costs advanced for the CDL training back to the City of Arlington
in accord with the Repayment Schedule below:
Repayment Timeframe Repayment Amount
1st 3 full months after training is complete 100.0%
2nd 3 full months after training is complete 87.5%
3rd 3 full months after training is complete 75.0%
4th 3 full months after training is complete 62.5%
5th 3 full months after training is complete 50.0%
6th 3 full months after training is complete 37.5%
7th 3 full months after training is complete 25.0%
8th 3 full months after training is complete 12.5%
As of two-year anniversary of training
completion 0%
5. INSERT EMPLOYEE NAME agrees that his/her final paycheck will be reduced by the final
prorated amount owed should termination or voluntary separation occur and repayment
is required. If the final paycheck is insufficient to cover the balance owed, INSERT
EMPLOYEE NAME acknowledges that he/she is responsible for payment of the remaining
balance owed to the City.
6. No modification to this Training Contract is valid unless in writing and signed by the
parties.
7. This Training Contract and the agreements contained herein do not establish a past
practice and shall not be used or cited by the City or the Union as precedent in any future
dispute or grievance as such. This is a one-time, non-precedent setting exception to
normal policy and the language in the collective bargaining agreement that does not
establish a past practice and is being done for the mutual benefit of all parties.
8. This Training Contract is effective when signed by both parties and is effective
retroactively as of INSERT DATE.
9. This agreement shall remain in full force and effect until INSERT TWO-YEAR TRAINING
ANNIVERSARY DATE.
Page 3 of 3
EMPLOYEE CITY OF ARLINGTON
INSERT NAME INSERT NAME, City Administrator
Date: Date: