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Metropolitan King County Council

King County

Meeting Agenda

1200 King County Courthouse

516 Third Avenue Seattle, WA 98104

Councilmembers: Claudia Balducci, Chair; Joe McDermott, Vice Chair of Policy Development and Review;

Reagan Dunn, Vice Chair of Regional Coordination; Rod Dembowski, Jeanne Kohl-Welles, Kathy Lambert, Dave Upthegrove, Pete von Reichbauer, Girmay Zahilay

Virtual Meeting 1:00 PM Tuesday, May 26, 2020

The King County Council will conduct a virtual Council Meeting on May 26, 2020 at 1:00 p.m.

PUBLIC NOTICE: To help prevent the spread of the COVID-19 virus, all Councilmembers and staff will be participating in this meeting remotely. HOW TO WATCH/LISTEN TO THE MEETING: 1) To stream online paste the following in your browser: https://livestream.com/accounts/15175343/events/4485487 2) To watch on King County TV tune to Channel 22 (Comcast Channel 22 and 322(HD) or Wave Broadband Channel 22). HOW TO PROVIDE PUBLIC COMMENT/TESTIMONY: 1) In writing using a public comment/testimony form: Forms submitted before 10:00 a.m. on the day of the Council meeting will be distributed to the Councilmembers and appropriate staff prior to the meeting. Forms submitted after 10:00 a.m. will be distributed after the meeting. 2) By phone or computer: Use the telephone number and participant code below to call into the meeting. You are not required to sign up in advance, but those who do so will be called on at the beginning of the public comment/testimony period. To find and submit the written public comment/testimony form or to sign up for oral testimony, copy and paste the following link into your browser: https://kingcounty.gov/council/committees/full_council

Printed on 5/21/2020 King County

Metropolitan King County Council May 26, 2020 1

May 26, 2020 Metropolitan King County Council Meeting Agenda

JOIN ONLINE Paste the following link into the address bar of your web browser: https://kingcounty.zoom.us/s/97819276874 JOIN BY TELEPHONE Dial: +1 253 215 8782 Meeting ID: 931 0409 9611 Password: 855675 If you do not wish to provide public comment, please help us manage the callers by using one of the options above to watch or listen to the meeting. You have the right to language access services at no cost to you. To request these services, please contact the Council’s Language Access Coordinator, Reeni Nair at 206 477 4978, or [email protected], by 11:00 a.m. the day before the meeting. If you experience technical challenges accessing the meeting to provide public comment, please email [email protected] and she will assist you.




Call to Order1.

Roll Call2.

Flag Salute and Pledge of Allegiance3.

Approval of Minutes of May 12, 20204.

Councilmember McDermott

Additions to the Council Agenda5.

Briefing

6. Briefing No. 2020-B0046

County’s Public Health Response to the Coronavirus

General Public Comment7.


PG 9



Hearing and Second Reading of Ordinances from Standing Committees and Regional Committees, and of Ordinances related to Collective Bargaining

There will be one public hearing on Items 8-11

Committee of the Whole


8. Proposed Substitute Ordinance No. 2020-0186.2

AN ORDINANCE relating to rates and charges for sewage treatment and disposal; and amendingOrdinance 12353, Section 2, as amended, and K.C.C. 4A.670.100, Ordinance 18745, Section 2, andOrdinance 11398, Section 1, as amended, and K.C.C. 28.84.055.

Sponsors: Ms. Kohl-Welles

On 5/12/2020, the Metropolitan King County Council Introduced and Referred to Committee of the Whole. On 5/19/2020, the Committee of the Whole Passed Out of Committee Without a Recommendation.

Public Hearing Required


PG 19



Mobility and Environment

Councilmember Dembowski

9. Proposed Ordinance No. 2020-0173

AN ORDINANCE authorizing the King County executive to execute an interlocal agreement with theCedar River Water and Sewer District to complete a coordinated project for the replacement of a culvertand relocation of water main and sanitary sewer lines on 162nd Avenue SE at SE 166th Court.

Sponsors: Mr. Dunn

On 5/12/2020, the Metropolitan King County Council Introduced and Referred to Mobility and Environment Committee.


SUBJECT TO A MOTION TO RELIEVE THE COMMITTEE OF FURTHER CONSIDERATION PURSUANT TO K.C.C. 1.24.125




AN ORDINANCE approving and adopting the collective bargaining agreement negotiated by and between King County and King County Juvenile Detention Guild representing employees in the department ofadult and juvenile detention, juvenile division; and establishing the effective date of the agreement.

Sponsors: Ms. Balducci

On 5/12/2020, the Metropolitan King County Council Introduced and Referred to Metropolitan King County Council.



PG 39

PG 67




AN ORDINANCE approving and adopting the collective bargaining agreement negotiated by and between King County and International Brotherhood of Electrical Workers, Local 77 (Metro Transit Department)representing employees in the Metro transit department; and establishing the effective date of theagreement.


On 5/12/2020, the Metropolitan King County Council Introduced and Referred to Metropolitan King County Council.


Hearing Examiner Consent Agenda - Item 12 Councilmember Dembowski


AN ORDINANCE authorizing the vacation of 10273 147th Avenue SE 98059, file no. V-2721; Petitioners:Troy and Kathleen Solly.


On 2/11/2020, the Metropolitan King County Council Introduced and Referred to Hearing Examiner.

First Reading of and Action on Motions Without Referral to Committee

13. Proposed Motion No. 2020-0190

A MOTION setting the county's priorities for allocation of CARES Act funding in excess of the fundsneeded for the county's direct response to the COVID-19 pandemic.

Sponsors: Ms. Kohl-Welles, Mr. Dembowski, Ms. Balducci

SUBJECT TO A MOTION TO SUSPEND THE RULES TO TAKE ACTION WITHOUT REFERRAL TO COMMITTEE PURSUANT TO K.C.C. 1.24.085


PG 153

PG 221

PG 233




A MOTION requesting the county treasurer to provide for payment agreements for 2020 property taxes.Sponsors: Mr. Dunn



A MOTION approving a report related to capital project 1138678 DES LTLF RENTON RED LION incompliance with the 2019-2020 Biennial Budget Ordinance, Ordinance 18835, Section 126, as amendedby Ordinance 19103, Section 19, Proviso P4.



First Reading and Referral of Ordinances


AN ORDINANCE authorizing the executive to execute an amendment to an agreement approved underOrdinance 18959 with the Washington state Department of Ecology for loan financing for a wastewatercapital project.


First Reading and Referral to the Budget and Fiscal Management Committee


PG 235

PG 241




AN ORDINANCE relating to residential and commercial tenant protections during the COVID-19 pandemic; and declaring an emergency.

Sponsors: Ms. Balducci, Mr. Zahilay and Ms. Kohl-Welles

First Reading and Referral to the Committee of the Whole

Reports on Special and Outside Committees 18.

Other Business

Adjournment



1200 King County Courthouse

516 Third Avenue Seattle, WA 98104

King County

Meeting Minutes Metropolitan King County Council

Councilmembers: Claudia Balducci, Chair; Joe McDermott, Vice Chair of Policy Development and Review;

Reagan Dunn, Vice Chair of Regional Coordination; Rod Dembowski, Jeanne Kohl-Welles, Kathy Lambert, Dave

Upthegrove, Pete von Reichbauer, Girmay Zahilay

1:00 PM Virtual Meeting Tuesday, May 12, 2020

DRAFT MINUTES

REVISED AGENDA

The King County Council will conduct a virtual Council Meeting on May 12, 2020 at 1:00 p.m.

PUBLIC NOTICE: To help prevent the spread of the COVID 19 virus, all Councilmembers and staff will be participating in the May 12, 2020 Regular Meeting remotely. The live feed of the meeting will be streaming on the Council’s website and on KCTV channel 22. The King County Council values community input and looks forward to hearing from you. There are two ways to provide public testimony: 1) in writing: You may testify by submitting a TESTIMONY FORM . All testimony forms are distributed to Councilmembers; however, if your completed form is submitted before 10:00 a.m. on the day of the Council meeting, your testimony will be distributed to the Councilmembers and appropriate staff prior to the meeting. 2) orally during the meeting by phone: You may provide testimony during the meeting by calling into the Council meeting using the telephone number and participant code below. You are not required to sign up in advance, but those who do so will be called on at the beginning of the testimony period in accordance with the usual practice. To find and submit form the written form or to sign up for oral testimony, copy and paste the following link into your browser: https://kingcounty.gov/council/committees/full_council.

Page 1 King County


May 12, 2020 Metropolitan King County Council Meeting Minutes

Join online Paste the following link into the address bar of your web browser: https://kingcounty.zoom.us/s/97819276874 to join online. Join by Telephone Dial: US : +1 253 215 8782 or +1 301 715 8592 Meeting ID: 982 9049 2359 Password: 447432 If you do not wish to be called upon for public comment during the meeting, please help us manage the callers and use one of the options below to watch or listen to the meeting. HOW TO WATCH/LISTEN TO THE MEETING: There are two ways to watch or listen in to the meeting if you don't wish to provide public comment: 1) Stream online via this link https://livestream.com/accounts/15175343/events/4485487 or input the link web address into your web browser. 2) Watch King County TV Channel 22 (Comcast Channel 22 and 322(HD), Wave Broadband Channel 22) You have the right to language access services at no cost to you. To request these services, please contact the Council’s Language Access Coordinator, Reeni Nair at 206 477 4978, or [email protected], by Monday May 11, 2020 at 11:00 a.m. If you experience technical challenges accessing the meeting to provide public comment, please send an email to [email protected].

Page 2 King County



Call to Order 1. The meeting was called to order at 1:04 p.m.

Roll Call 2. Ms. Balducci, Mr. Dembowski, Mr. Dunn, Ms. Kohl-Welles, Ms. Lambert, Mr. McDermott, Mr. Upthegrove, Mr. von Reichbauer and Mr. Zahilay

Present: 9 -

Flag Salute and Pledge of Allegiance 3. Councilmember Balducci thanked frontline responders for everything they are doing to keep the County safe.

Approval of Minutes of April 28, 2020 4. Councilmember McDermott moved to approve the minutes of the April 28, 2020, meeting as presented. Seeing no objection, the Chair so ordered.

Additions to the Council Agenda 5. There were no additions.

Briefing

6. Briefing No. 2020-B0044

Metro Transit Briefing

Rob Gannon, General Manager, Metro Transit Department, briefed the Council and answered questions.

Hearing and Second Reading of Ordinances from Standing Committees and Regional Committees, and of Ordinances related to Collective Bargaining

There will be one public hearing on Items 7-11 The following people spoke: Andrea Reay Tom Norwalk Megan Ching Kimberly Ellertson Armondo Pavone Valentin Caspaar Bianca Davis-Lovelace Monty Anderson Pat Craft Anne Goos

Page 3 King County



Budget and Fiscal Management


AN ORDINANCE relating to the sale of real property interests to Sound Transit for the Downtown Redmond Link Extension Light Rail Project located in Redmond, Washington, in council district three.

Sponsors: Ms. Lambert

The enacted number is 19101. Councilmember McDermott made a motion to relieve the Budget and Fiscal Management Committee of further consideration pursuant to K.C.C. 1.24.125. The motion carried. April Sanders, Council Staff, briefed the Council and answered questions.

A Public Hearing was held and closed. A motion was made by Councilmember Kohl-Welles that this Ordinance be Passed. The motion carried by the following vote:

Yes: Ms. Balducci, Mr. Dembowski, Mr. Dunn, Ms. Kohl-Welles, Ms. Lambert, Mr. McDermott, Mr. Upthegrove, Mr. von Reichbauer, and Mr. Zahilay

9 -


AN ORDINANCE relating to the condemnation of certain properties required for the North Mercer and Enatai Interceptors Upgrade project in the city of Mercer Island and city of Bellevue.


The enacted number is 19102. Councilmember McDermott made a motion to relive the Budget and Fiscal Management Committee of further consideration pursuant to K.C.C. 1.24.125. Mike Reed, Council Staff, briefed the Council and answered questions. Sharman Herrin, Government Relations Administration, Wastewater Treatment Division, briefed the Council and answered questions.

A Public Hearing was held and closed. A motion was made by Councilmember Kohl-Welles that this Ordinance be Passed. The motion carried by the following vote:


9 -

Page 4 King County



Committee of the Whole


AN ORDINANCE related to COVID-19; making a supplemental appropriation of $8,505,000 to several general fund agencies; making a supplemental appropriation of $23,498,000 to several non-general fund agencies; making a supplemental appropriation of $5,719,000 to capital improvement fund 3311; making a supplemental appropriation of $25,199,000 to capital improvement fund 3951; amending the 2019-2020 Biennial Budget Ordinance, Ordinance 18835, Sections 7, 19, 20, 41, 44, 52, 72, 72, 73, 84, 85, 85, 95, 101, 116 and 126, as amended, and Attachment A, as amended, adding new sections to Ordinance 18835, as amended; and declaring an emergency.

Sponsors: Ms. Kohl-Welles and Mr. Dembowski

The enacted number is 19103. Andrew Kim, Council Staff, briefed the Council and answered questions. Dwight Dively, Director, Office of Performance, Strategy and Budget, briefed the Council and answered questions. Councilmember Kohl-Welles moved Striking Amendment S1. Councilmember McDermott moved Amendment 1.1. The amendment carried by the following vote: Yes: 5 - Ms. Balducci, Mr. Dunn, Ms. Lambert, Mr. McDermott, and Mr. von Reichbauer No: 4 - Mr. Dembowski, Ms. Kohl-Welles, Mr. Upthegrove, and Mr. Zahilay Excused: 0 Councilmember Kohl-Welles moved Amendment 2. The motion carried. Councilmember Upthegrove moved Amendment 3. The motion carried. Councilmember Kohl-Welles moved Amendment 4. The motion carried. Councilmember Upthegrove moved Amendment 6. The motion carried. Councilmember Upthegrove moved Amendment 7. The motion carried. Councilmember McDermott moved Amendment 8. The motion failed by the following vote: Yes: 3 - Ms. Balducci, Ms. Kohl-Welles, and Mr. McDermott No: 6 - Mr. Dembowski, Mr. Dunn, Ms. Lambert, Mr. Upthegrove, Mr. von Reichbauer and Mr. Zahilay Excused: 0 Councilmember McDermott moved Amendment 9. The motion carried by the following vote: Yes: 6 - Ms. Balducci, Mr. Dunn, Ms. Lambert, Mr. McDermott, Mr. von Reichbauer, and Mr. Zahilay No: 3 - Mr. Dembowski, Ms. Kohl-Welles, and Mr. Upthegrove, Excused: 0

Page 5 King County



Councilmember Lambert moved Amendment 10. The motion carried. Voting on Striking Amendment S1, as amended, the motion carried by the following vote: Yes: 6 - Ms. Balducci, Mr. Dunn, Ms. Kohl-Welles, Ms. Lambert, Mr. McDermott, and Mr. von Reichbauer No: 3 - Mr. Dembowski, Mr. Upthegrove and Mr. Zahilay Excused: 0 Councilmember Kohl-Welles moved Title Amendment T2. The motion carried.

A Public Hearing was held and closed. A motion was made by Councilmember McDermott that this Ordinance be Passed as Amended. The motion carried by the following vote:


9 -



AN ORDINANCE approving and adopting the settlement agreement negotiated by and between King County and King County Corrections Guild (Department of Adult & Juvenile Detention) representing Corrections Officers and Sergeants; and establishing the effective date of the agreement.


The enacted number is 19104. Jeff Muhm, Chief Policy Officer, briefed the Council and answered questions. Susie Sloneker, Supervising Attorney Civil Employment, Prosecuting Attorney's Office, answered questions. Bob Railton, Director, Office of Labor Relations, answered questions.

A Public Hearing was held and closed. A motion was made by Councilmember McDermott that this Ordinance be Passed. The motion carried by the following vote:


9 -

Page 6 King County




AN ORDINANCE approving and adopting the memorandum of agreement regarding the COVID-19 Emergency Nurse Staffing Agreement covering employees in the Seattle-King County department of public health and the department of adult and juvenile detention; and establishing the effective date of the agreement.

Sponsors: Ms. Balducci, Ms. Kohl-Welles, Mr. Upthegrove, Mr. McDermott, Mr. Dembowski and Mr. Zahilay

The enacted number is 19105. Councilmembers Upthegrove, McDermott, Dembowski and Zahilay requested that their names be added as sponsors.

A Public Hearing was held and closed. A motion was made by Councilmember McDermott that this Ordinance be Passed. The motion carried by the following vote:


9 -

First Reading and Referral of Ordinances


AN ORDINANCE authorizing the King County executive to execute an interlocal agreement with the Cedar River Water and Sewer District to complete a coordinated project for the replacement of a culvert and relocation of water main and sanitary sewer lines on 162nd Avenue SE at SE 166th Court.

Sponsors: Mr. Dunn

This matter had its first reading and was referred to the Mobility and Environment Committee.


AN ORDINANCE instituting a hiring freeze for all nonessential county personnel through the end of the COVID-19 pandemic emergency; and declaring an emergency.

Sponsors: Mr. Dunn

This matter had its first reading and was referred to the Committee of the Whole.


AN ORDINANCE approving and adopting the collective bargaining agreement negotiated by and between King County and King County Juvenile Detention Guild representing employees in the department of adult and juvenile detention, juvenile division; and establishing the effective date of the agreement.


This matter had its first reading and was referred to the Metropolitan King County Council.

Page 7 King County




AN ORDINANCE approving and adopting the collective bargaining agreement negotiated by and between King County and International Brotherhood of Electrical Workers, Local 77 (Metro Transit Department) representing employees in the Metro transit department; and establishing the effective date of the agreement.


This matter had its first reading and was referred to the Metropolitan King County Council.


AN ORDINANCE relating to rates and charges for sewage treatment and disposal; and amending Ordinance 12353, Section 2, as amended, and K.C.C. 4A.670.100, Ordinance 18745, Section 2, and Ordinance 11398, Section 1, as amended, and K.C.C. 28.84.055.




AN ORDINANCE relating to residential tenant protections during the COVID-19 pandemic; and declaring an emergency.

Sponsors: Ms. Balducci, Mr. Zahilay and Ms. Kohl-Welles

Proposed Ordinance 2020-0187 (item 17) was introduced as a title only ordinance. No text of the legislation has been filed with the Clerk. Therefore, under Council Rule 9, the ordinance is removed from the agenda. Once the text of the legislation has been filed, the ordinance will be placed on a council agenda for referral to committee.

This matter was Deferred

First Reading and Referral of Motions


A MOTION requesting the executive to contract with the University of Washington to conduct a retrospective analysis of the effectiveness of actions taken by King County leaders and public health - Seattle & King County to limit the spread of the virus.

Sponsors: Mr. Dunn


Page 8 King County




A MOTION requesting that the King County office of emergency management and public health - Seattle & King County work collaboratively to update the King County Comprehensive Emergency Management Plan, Regional Hazard Mitigation Plan, Regional Recovery Plan, Regional Coordination Framework, Continuity of Operations Plan and all other related emergency management plans and documents to address the risks from and response to pandemics, incorporating lessons learned from the COVID-19 outbreak, and to develop a pandemic response plan for King County.

Sponsors: Mr. Dunn


Reports on Special and Outside Committees 20. No reports were given.

Other Business As a point of personal privilege, Councilmember Dunn acknowledged Police Week and thanked first responders.

Adjournment The meeting adjourned at 4:35 p.m.

Approved this _____________ day of _________________

Clerk's Signature

Page 9 King County


KING COUNTY

Signature Report

1200 King County Courthouse 516 Third Avenue Seattle, WA 98104

Ordinance

Proposed No. 2020-0186.2 Sponsors Kohl-Welles

1

AN ORDINANCE relating to rates and charges for sewage 1

treatment and disposal; and amending Ordinance 12353, 2

Section 2, as amended, and K.C.C. 4A.670.100, Ordinance 3

18745, Section 2, and Ordinance 11398, Section 1, as 4

amended, and K.C.C. 28.84.055. 5

BE IT ORDAINED BY THE COUNCIL OF KING COUNTY: 6

SECTION 1. Ordinance 12353, Section 2, as amended, and K.C.C. 4A.670.100 7

are hereby amended to read as follows: 8

A. Having determined the monetary requirements for the disposal of sewage, the 9

council hereby adopts a ((2020)) 2021 sewer rate of ((forty-five)) forty-seven dollars and 10

((thirty-three)) thirty-seven cents per residential customer equivalent per month. Once a 11

sewer rate ordinance becomes effective, the clerk of the council is directed to deliver a 12

copy of that ordinance to each agency having an agreement for sewage disposal with King 13

County. 14

B. The King County council approves the application of Statement No. 62 of the 15

Governmental Accounting Standards Board (GASB-62) as it pertains to regulatory assets 16

and liabilities to treat pollution remediation obligations and RainWise Program 17

expenditures and strategic planning costs as regulatory assets, recovered ratably over the 18

life of the underlying financing, and establish a rate stabilization reserve for the purpose 19


Ordinance

2

of leveling rates between years. 20

C. As required for GASB-62 application, amounts are to be placed in the rate 21

stabilization reserve from operating revenues and removed from the calculation of debt 22

service coverage. The reserve balance shall be an amount at least sufficient to maintain a 23

level sewer rate between ((2019)) 2021 and ((2020)) 2022, and shall be used solely for 24

the purposes of: maintaining the level sewer rate in ((2020)) 2021; and if additional 25

reserve balance is available, moderating future rate increases beyond ((2020)) 2021. The 26

estimated amount of the reserve, as shown in the financial forecast, Attachment A to 27

((Ordinance 18915)) this ordinance, shall be revised in accordance with the ((2019-28

2020)) 2021-2022 Biennial Budget Ordinance and financial plan. If the reserve needs to 29

be reduced to meet debt service coverage requirements for ((2019)) 2020, the county 30

executive shall notify the council of the change by providing an updated financial 31

forecast. 32

SECTION 2. Ordinance 18745, Section 2, as amended, is hereby amended to 33

read as follows: 34

Monetary requirements for the disposal of sewage as defined by contract with the 35

component sewer agencies for the fiscal year beginning January 1, ((2020)) 2021, and 36

ending December 31, ((2020)) 2021. The council hereby determines the monetary 37

requirements for the disposal of sewage as follows: 38

Administration, operating, maintenance repair and replacement (net of other 39

income): (($59,013,738)) $57,502,034. 40

Establishment and maintenance of necessary working capital reserves: 41

(($53,990,152)) $93,206,863. 42


Ordinance

3

Requirements of revenue bond resolutions (not included in above items and net of 43

interest income): (($300,041,257)) $288,244,280. 44

TOTAL: (($413,045,147)) $438,953,178. 45

SECTION 3. Ordinance 11398, Section 1, as amended, and K.C.C. 28.84.055 are 46

hereby amended as follows: 47

A. The amount of the metropolitan sewage facility capacity charge adopted by 48

K.C.C. 28.84.050.O. that is charged monthly for fifteen years per residential customer or 49

residential customer equivalent shall be: 50

1. Seven dollars for sewer connections occurring between and including January 51

1, 1994, and December 31, 1997; 52

2. Ten dollars and fifty cents for sewer connections occurring between and 53

including January 1, 1998, and December 31, 2001; 54

3. Seventeen dollars and twenty cents for sewer connections occurring between 55

and including January 1, 2002, and December 31, 2002; 56

4. Seventeen dollars and sixty cents for sewer connections occurring between 57


5. Eighteen dollars for sewer connections occurring between and including 59

January 1, 2004, and December 31, 2004; 60

6. Thirty-four dollars and five cents for sewer connections occurring between 61


7. Forty-two dollars for sewer connections occurring between and including 63


8. Forty-six dollars and twenty-five cents for sewer connections occurring 65


Ordinance

4

between and including January 1, 2008, and December 31, 2008; 66

9. Forty-seven dollars and sixty-four cents for sewer connections occurring 67


10. Forty-nine dollars and seven cents for sewer connections occurring between 69


11. Fifty dollars and forty-five cents for sewer connections occurring between 71


12. Fifty-one dollars and ninety-five cents for sewer connections occurring 73


13. Fifty-three dollars and fifty cents for sewer connections occurring between 75


14. Fifty-five dollars and thirty-five cents for sewer connections occurring 77


15. Fifty-seven dollars for sewer connections occurring between and including 79


16. Fifty-eight dollars and seventy cents for sewer connections occurring 81


17. Sixty dollars and eighty cents for sewer connections occurring between and 83

including January 1, 2017, and December 31, 2017; 84

18. Sixty-two dollars and sixty cents for sewer connections occurring between 85


19. Sixty-four dollars and fifty cents for sewer connections occurring between 87

and including January 1, 2019, and December 31, 2019; ((and)) 88


Ordinance

5

20. Sixty-six dollars and thirty-five cents for sewer connections occurring 89

between and including January 1, 2020, and December 31, 2020; and 90

21. Sixty-eight dollars and thirty-four cents for sewer connections occurring 91

between and including January 1, 2021, and December 31, 2021. 92

B.1. In accordance with adopted policy FP-15.3.d. in the Regional Wastewater 93

Services Plan, K.C.C. 28.86.160.C., it is the council's intent to base the capacity charge 94

upon the costs, customer growth and related financial assumptions used in the Regional 95

Wastewater Services Plan. 96

2. In accordance with adopted policy FP- 6 in the Regional Wastewater Services 97

Plan, K.C.C. 28.86.160.C., the council hereby approves the cash balance and reserves as 98

contained in the attached financial plan for ((2020)) 2021, which is Attachment A to this 99

((O))ordinance ((18915)). 100

3. In accordance with adopted policy FP-15.3.c., King County shall pursue 101

changes in state legislation to enable the county to require payment of the capacity charge 102


Ordinance

6

in a single payment, while preserving the option for new ratepayers to finance the 103

capacity charge. 104

105

KING COUNTY COUNCIL KING COUNTY, WASHINGTON

________________________________________

Claudia Balducci, Chair ATTEST:

________________________________________

Melani Pedroza, Clerk of the Council

APPROVED this _____ day of _______________, ______.

_________________________________

Dow Constantine, County Executive

Attachments: A. Wastewater Treatment Division Financial Plan Revised May 19, 2020


Attachment A Revised 5-19-2020 - Wastewater Treatment Division Financial Plan 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030

Unaudited Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast Forecast

CUSTOMER EQUIVALENTS (RCEs) 763.44 768.21 772.21 776.22 780.26 784.32 788.39 792.49 796.61 800.76 804.92 809.11MONTHLY RATE $45.33 $45.33 47.37$ 47.37$ 52.23$ 52.23$ 57.58$ 57.58$ 65.64$ 65.64$ 74.83$ 74.83$

% Increase 2.51% 0.00% 4.5% 0.0% 10.25% 0.0% 10.25% 0.0% 14.00% 0.0% 14.00% 0.0%BEGINNING OPERATING FUND 61,509$ 61,828$ 63,139$ 63,562$ 64,437$ 65,412$ 66,563$ 97,589$ 98,433$ 99,312$ 80,225$ 71,174$ OPERATING REVENUE: Customer Charges 415,279$ 417,877$ 438,953$ 441,236$ 489,007$ 491,550$ 544,735$ 547,574$ 627,456$ 630,723$ 722,787$ 726,551$ Capacity Charge 100,385 92,302 95,800 99,086 102,113 106,158 111,264 116,856 121,817 126,007 129,526 133,175 Other Income 19,888 18,481 19,814 18,730 17,662 18,192 18,738 19,300 19,879 20,475 21,089 21,722 Investment Income 9,561 9,214 5,727 5,354 6,781 8,371 9,657 11,586 14,864 16,625 16,840 15,559 Rate Stabilization (a) - - - - - - (30,000) - - 20,000 10,000 - TOTAL OPERATING REVENUES 545,113$ 537,874$ 560,294$ 564,406$ 615,563$ 624,271$ 654,394$ 695,316$ 784,016$ 813,829$ 900,242$ 897,007$

OPERATING EXPENSE (155,785) (168,886) (173,116) (181,872) (191,617) (203,127) (213,388) (221,835) (230,618) (239,749) (249,243) (259,113)

DEBT SERVICE PARITY DEBT (incl WIFIA) (171,321) (168,317) (160,989) (162,596) (176,137) (189,192) (199,877) (219,968) (238,909) (264,379) (273,574) (296,414) DEBT SERVICE PARITY LIEN OBLIGATIONS (42,672) (52,381) (54,376) (54,311) (51,985) (51,910) (51,898) (51,807) (51,717) (49,884) (58,369) (59,980) SUBORDINATE DEBT SERVICE (35,901) (35,594) (39,955) (46,027) (42,474) (42,919) (39,899) (38,543) (36,576) (37,028) (38,587) (38,026)

DEBT SERVICE COVERAGE PARITY DEBT 2.27 2.19 2.41 2.35 2.41 2.23 2.21 2.15 2.32 2.17 2.38 2.15 DEBT SERVICE COVERAGE TOTAL PAYMENTS 1.56 1.44 1.52 1.45 1.57 1.48 1.51 1.53 1.69 1.63 1.76 1.62 2019 & 2020 Debt Retirements (84,996) (95,000)AMORTIZATION OF VARIABLE RATE DEBT (1,975) (1,875) (1,973) (11,178) (12,295) (12,961) (13,659) (14,399) (17,518) (20,169) (23,353) (33,141) LIQUIDITY RESERVE CONTRIBUTION (320) (1,310) (423) (876) (974) (1,151) (1,026) (845) (878) (913) (949) (987)TRANSFERS TO CAPITAL (52,755) (14,693) (129,155) (107,089) (140,080) (122,250) (131,403) (147,557) (207,387) (201,111) (256,167) (208,192)RATE STABILIZATION RESERVE 46,250$ 46,250$ 46,250$ 46,250$ 46,250$ 46,250$ 76,250$ 76,250$ 76,250$ 56,250$ 46,250$ 46,250$ OPERATING LIQUIDITY RESERVE BALANCE 15,578 16,889 17,312 18,187 19,162 20,313 21,339 22,183 23,062 23,975 24,924 25,911

OPERATING FUND ENDING BALANCE 61,828$ 63,139$ 63,562$ 64,437$ 65,412$ 66,563$ 97,589$ 98,433$ 99,312$ 80,225$ 71,174$ 72,161$

Waterworks & Grant & RR Carryforward 4,989$ 4,989$ 4,989$ 4,989$ 4,989$ 4,989$ 4,989$ 4,989$ 4,989$ 4,989$ 4,989$ 4,989$ CONSTRUCTION FUNDBEGINNING FUND BALANCE 173,825$ 132,794$ 233,132$ 144,654$ 31,580$ 5,060$ 5,058$ 5,057$ 5,060$ 5,000$ 5,000$ 5,000$ REVENUES: Parity Bonds 128,720 202,041 - 0 169,552 200,787 164,230 235,587 365,717 392,446 299,204 278,942 Parity Bonds - GT & SC WIFIA Loan - - 52,412 82,088 96,499 Variable Debt Bonds (new money only) - - - - - - - - - 31,592 45,784 27,705 Interim Debt - 53,277 48,652 26,614 20,270 24,169 20,501 26,901 17,518 20,169 23,353 33,141 SRF Loans 13,997 51,357 380 - - - - 0 - - - - Insurance Settlements; Other 7,779 1,450 500 500 500 500 500 500 500 500 500 500 Transfers From Operating Fund 52,755 14,693 129,155 107,089 140,080 122,250 131,403 147,557 207,387 201,111 256,167 208,192 TOTAL REVENUES 203,251$ 322,818$ 178,687$ 186,615$ 412,490$ 347,706$ 316,634$ 507,045$ 591,122$ 645,817$ 625,008$ 548,480$

CAPITAL EXPENDITURES (212,206) (221,260) (271,838) (298,544) (338,722) (331,392) (305,911) (408,914) (560,489) (612,878) (599,331) (525,770)Retirement of Interim Debt (82,088) (73,803)DEBT ISSUANCE COSTS (501) (4,041) 0 0 (3,391) (4,016) (3,285) (4,712) (7,314) (8,007) (6,213) (5,717)BOND RESERVE TRANSACTIONS - 3,003 4,365 (1,604) (14,809) (13,061) (10,683) (19,975) (23,790) (25,529) (19,464) (18,146)ADJUSTMENTS (31,576) (181) 308 459 0 761 3,244 362 412 596 0 1,153ENDING FUND BALANCE 132,794$ 233,132$ 144,654$ 31,580$ 5,060$ 5,058$ 5,057$ 5,060$ 5,000$ 5,000$ 5,000$ 5,000$ CONSTRUCTION FUND RESERVESParity Reserve Account 141,812 138,809 134,444 136,048 150,856 163,918 174,601 194,577 218,367 243,896 263,360 281,505SRF Reserve Account 13,485 13,666 13,358 12,899 12,899 12,137 8,893 8,531 8,120 7,523 7,523 6,370Asset Management 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000 15,000TOTAL FUND RESERVES 170,297$ 167,475$ 162,802$ 163,947$ 178,755$ 191,055$ 198,494$ 218,108$ 241,487$ 266,420$ 285,883$ 302,876$ CONSTRUCTION FUND BALANCE 303,090$ 400,607$ 307,456$ ######## 183,815$ ######## ######## ######## ######## ######## ######## 307,876$ (a) Bond covenants are written to allow that in any given year, use of the Rates Stabilization Reserve can be recognized as revenue eligible for inclusion in the bond coverage calculation. In years that WTD contributes to this reserve, that portion of revenue is deducted from the revenue basis for calculating bond coverage. This allows WTD to use reserves to smooth rate increases and otherwise manage rate levels without compromising the ability to meet annual bond coverage targets.

C:\Granicus\Legistar5\L5\Temp\ad89e0c1-1c1e-4a39-a145-7d6773848cce 1 5/20/2020


Metropolitan King County Council Committee of the Whole

REVISED STAFF REPORT

Agenda Item: Name: Mike Reed Proposed No.: 2020-0186 Date:

COMMITTEE ACTION Proposed Substitute Ordinance 2020-0186.2 approving the 2021 sewer rate and capacity charge, passed out of committee on May 19, 2020, without recommendation. The Ordinance was amended in committee to replace the transmitted Wastewater Treatment Division Financial Plan with a Revised Financial Plan, correcting an entry in the transmitted Plan.

SUBJECT: The Executive Proposed 2021 Sewer Rate and Capacity Charge. SUMMARY: King County's sewer rates are set for the following year by June 30 of each year, pursuant to contract with participating utilities. The Executive has transmitted Proposed Ordinance 2020-0186 setting the sewer rate and capacity charge for 2021. The Proposed Ordinance would:

• Increase the monthly sewer rate effective in 2021 to $47.37 per residential customer equivalent (RCE) per month;

• Set the monthly capacity charge for new connections to the regional system occurring in 2021 at $68.34, which is a 3.0% increase over the 2020 rate of $66.35;

By contract with partner cities and sewer districts, the county is to complete its consideration and action on the sewer rate to provide for an effective date for the legislation on or before June 30, 2020 (partner city and sewer districts act after the county sets the sewer rate to establish their local rates, all of which go into effect on January 1, 2021). BACKGROUND Monthly Sewer Rate


King County provides wastewater treatment services for 17 municipalities and 17 sewer districts (including the Muckleshoot Tribe) in King County, southern Snohomish County and the northern tip of Pierce County. The county provides sewer interceptor lines that receive wastewater collected from residences and businesses by the cities and sewer districts, who bill their customers directly for both county and local utility charges. The sewer rate is charged by the county to the utilities to deliver, treat and discharge wastewater.1 The monthly sewer rate collected by the county goes to support all Wastewater Treatment Division (WTD) expenses, including operating costs, debt service, and capital expenses. The monthly sewer rate for both residential and commercial customers is calculated on the basis of Residential Customer Equivalents (“RCEs”).2

Table 1. Sewer Rates (2009-2020 Actual; 2021 Proposed; 2022-2025 Projected)

Year(s) Rate

($/RCE/ Month) % Increase 2009 – 2010 31.90 14.1% 2011 – 2012 36.10 13.2% 2013 – 2014 39.79 10.4% 2015 – 2016 42.03 5.6%

2017 44.22 5.2% 2018 44.22 0.0% 2019 45.33 2.5% 2020 45.33 0.0% 2021 47.37 4.5% 2022 47.37 0.0% 2023 52.23 10.25% 2024 52.23 0.0% 2025 57.58 10.25%

Table 1 above depicts the anticipated sewer rates through 2025 according to the transmittal. Increases are structured effectively as two year rates—the increase coming in the first year, and the rate holding steady in the second year (Council action is required each year, however, to adopt the rate). This proposed 2021 increase of 4.5%, after extensive engagement with the Metropolitan Water Pollution Abatement Advisory Committee (MWPAAC), is consistent with projections made last year at the time of the Council’s consideration of the 2020 rate. Out-year projections (2023, 2025) are

1 The County has a contractual relationship with cities and utility districts to collect wastewater from them and convey it to County treatment plants for treatment and discharge. The component agencies that provide direct services to the ratepayers and use the County conveyance and treatment facilities are charged for the customers within their districts. The utility providers, as direct service providers, set their own rates to recoup the payments required by use of County services plus their own “local” cost of service. 2 A single family residence is one RCE. Commercial and industrial customers are charged based on the amount of wastewater they generate, calculated using the quantity of water consumed. For commercial and multi-family residences, the calculation is then converted into RCEs. One RCE (750 cubic feet of wastewater) represents the average amount of wastewater a single family residence would generate in a month.


substantially higher than previously projected, however. The Executive indicates that these out-year increases are driven by:

• Critical asset management investments to address repair and replacement needs of major system components;

• Increasing capital expenditures on mandated Combined Sewer Overflow projects, due to be completed by 2030 according to a court-mandated consent decree.

• The Executive notes that these increases do not account for impacts to revenue streams related to economic impacts associated with the Covid 19 pandemic; or for costs associated with anticipated regulatory requirements for nutrient controls; or any cost increases associated with Combined Sewer Overflow projects

Capacity Charge New connections to the regional wastewater system are assessed a capacity charge, based on the policy of “growth pays for growth”3. Payment may be made in a lump sum or paid over a 15 year period. Table 2 presents the proposed charge as the monthly payment over 15 years. Table 2. Capacity Charge (2012-2020 Actual; 2021 Proposed; 2022-2025 Projected)

Year

Rate/Month/RCE 15-yr. duration % Increase

2012 51.95 3.0% 2013 53.50 3.0% 2014 55.35 3.5% 2015 57.00 3.0% 2016 58.72 3.0% 2017 60.80 3.6% 2018 62.60 3.0% 2019 64.50 3.0% 2020 66.35 2.9% 2021 68.34 3.0% 2022 70.39 3.0% 2023 72.50 3.0% 2024 74.68 3.0% 2025 76.92 3.0%

Consistent with the Regional Wastewater Services Plan policies, the capacity charge is based on the estimated costs of the 30-year Regional Wastewater Services Plan (RWSP).4 The capacity charge is set at a level to recover the designated, growth-related costs that are not covered by the monthly rate payments of newly connecting customers.

3 K.C.C. 28.86.160 (FP-15) sets the charge via the following calculation:

Capacity charge = (total system costs – rate revenue from existing customers) – rate revenue from new customers number of new customers

4 The RWSP financial policies, established in county code, require the capacity charge to be a uniform charge, approved annually, and the charge is not to exceed the cost of capital facilities necessary to serve customers establishing new connections to the sewer system.


Over the planning period of RWSP (2003 – 2030), the capacity charge and monthly rate payments of newly connecting customers will cover 95% of growth-related costs. Unlike the monthly sewer rate, the capacity charge is directly billed by and paid to King County. Based on information provided by the cities and sewer districts, King County notifies new connecting customers of the option to pay over time (15 years) or in a lump sum. The lump sum payment is less than the total dollar value of the 15 year option since the cost of financing the long-term payment is deducted. The cumulative amount of the capacity charge as proposed for 2021 at $68.34 per month would amount to $12,301 if paid over the full term of 15 years. An up-front payment, discounted at approximately 2.6% compounded over the 15 years, would reduce the payment to $10,243 in 2021, if paid as a lump sum. In practice, many people choose to pay this as a lump sum and have the amount rolled into mortgage payments. Local Jurisdiction Sewer Rates As noted, cities and sewer districts are responsible for collecting wastewater from homes and businesses within their jurisdictions; they assess a separate charge in addition to the county sewer rate and capacity charge described here. To provide a broad sense of the total wastewater charges a residential ratepayer might pay, staff has reviewed the rates of several jurisdictions to identify the sewer charge they assess5. Local charges vary substantially; some are fixed rates monthly, while some are variable based on water consumption. Most do not include a local separate connection charge tied to local system growth costs, though one of the selected jurisdictions below does (Bellevue assesses a Capital Recovery Charge of $22.83/mo. for 10 years—not included in the example below). Some local jurisdictions may also provide a discount to low-income ratepayers—those discounts are not addressed in this summary. Table 3 below is an attempt to provide a rough depiction of costs paid by ratepayers overall, though there are exceptions to specific cases, as noted. The five jurisdictions referenced below are randomly selected, and may or may not be representative of the 34 city and sewer district jurisdictions that partner with the Wastewater Treatment Division in delivery of wastewater services. These are 2020 rates — 2021 rates are established following the county’s determination of its rate.

5 NorthShore – Source http://www.nud.net/about-us/departments/finance/service-rates Bimonthly rate including King County is 118.59; monthly rate $59.30 minus $45.33 (KC rate) =$13.97 Renton – $29.91 fixed Source: https://www.rentonwa.gov/UserFiles/Servers/Server_7922657/File/City%20Hall/Administrative%20Services/Finance/Utility%20Billing/2019%20Utility%20Rates%20Brochure_Print%20FINAL.pdf Bellevue Source: https://utilities.bellevuewa.gov/UserFiles/Servers/Server_4779004/File/Utilities/Rates/2019%20Utility%20Rate%20Flier.pdf Bellevue passes WTDs $45.33 through directly, and adds its own rate of $4.52/ccf (charging bimonthly), -- to make it monthly -- using 7.5 per month (KC conversion rate) would be 15 ccf per 2 months multiplied by $4.52 = $67.80 2 month bill /2 = $33.90 month Sammamish Plateau Water/Sewer District – $36.05 Source: https://spwater.org/165/Single-Family-Residential-Water-and-Sewe Soos Creek Water Sewer District – $18.39 Source: https://www.sooscreek.com/static/7/utility-rates


http://www.nud.net/about-us/departments/finance/service-rates

https://www.rentonwa.gov/UserFiles/Servers/Server_7922657/File/City%20Hall/Administrative%20Services/Finance/Utility%20Billing/2019%20Utility%20Rates%20Brochure_Print%20FINAL.pdf

https://www.rentonwa.gov/UserFiles/Servers/Server_7922657/File/City%20Hall/Administrative%20Services/Finance/Utility%20Billing/2019%20Utility%20Rates%20Brochure_Print%20FINAL.pdf

https://utilities.bellevuewa.gov/UserFiles/Servers/Server_4779004/File/Utilities/Rates/2019%20Utility%20Rate%20Flier.pdf

https://utilities.bellevuewa.gov/UserFiles/Servers/Server_4779004/File/Utilities/Rates/2019%20Utility%20Rate%20Flier.pdf

https://spwater.org/165/Single-Family-Residential-Water-and-Sewe

https://spwater.org/165/Single-Family-Residential-Water-and-Sewe

https://www.sooscreek.com/static/7/utility-rates

Table 3. 2020 Sewer Rate (per month) — Selected Local Partner Jurisdictions

Northshore Utility

District

Renton Bellevue (variable)

Sammamish Plateau

WSD

Soos Creek WSD

$13.97 $30.51 $35.70 $32.03 $18.76 A given ratepayer, depending on jurisdiction, water usage, application or non-application of a local connection charge, may pay a local sewer rate that varies substantially from case to case. For illustrative purposes, if the $30.51 Renton local charge identified above were added to the county’s 2020 rate of $45.33, the ratepayer would be paying $75.84/mo (collected by the city; county’s portion is passed through to the county). If that ratepayer had connected to the system in 2020, and selected to pay the monthly rate rather than the full up-front cost, that ratepayer would be paying an additional $66.35/mo. (paid directly to the county), or a total of $142.19/mo. ANALYSIS Operating Revenues According to the Issue Paper accompanying the transmittal (Attachment 4), 2021 operating revenues are projected at $560.3 million, $22.4 million (4.1%) more than 2020 operating revenues. Increases in sewer rate revenue of $21.1 million are associated with the proposed 2021 sewer rate increase of 4.5%, and with moderated growth in Residential Customer Equivalents (RCEs) of .52%. Table 4 provides a summary of all revenues to support Wastewater operations and capital.

Table 4. Revenues Supporting Wastewater Operations and Capital (in millions)

2020

Forecast

2021

Forecast Difference %

Change

2022

Forecast

%

Change Sewer rate $417.9

$439.0 $21.1 5.0%

$441.2

.5%

Capacity Charge $92.3

$95.8 $3.8 3.8%

$99.1

3.4% Investment Income $9.2

$5.7 ($3.5) (38.0%)

$5.4

(5.2)%

Other Income $18.5

$19.8 $1.3 7.0%

$18.7

(5.5)%

Rate Stabilization $0.0

$0.0 $0.0 0.0%

$0.0

0.0% Totals $537.9 $560.3 $22.4 4.1% $564.4 0.7%

However, the economic impacts of the Covid-19 Emergency, and information on their effect on sewer revenues, had not fully developed at the time these revenues were calculated, and so are not incorporated into these estimates. Sewer revenues may be impacted in several ways:

• As business and commercial shutdowns reduce flows from volume-based commercial accounts, sewer revenues and industrial waste revenues may be impacted;


• As large-scale telecommuting continues, flows from residential accounts—which are based on a flat amount per residence—will increase, and flows from offices (commercial accounts) will decrease.

• Decreasing interest rates may result in lesser returns for investment income revenues; any bond sales may generate bids at lower interest rates.

• Declines in construction activity, and in building permit applications, may result in delays in new connections to the wastewater system, impacting capacity charge revenues

The impacts of these changes will become more clear over the coming year, and should be the subject of the financial performance discussion in next year’s Issue Paper accompanying the rate proposal. Operating revenues reflect both the rate charged, and the numbers of residential and commercial accounts and their flow volumes—translated into Residential Customer Equivalents (the sewer rate and capacity charge rate are assessed per monthly RCE). As RCE’s increase or decrease based on population growth and economic conditions, corresponding changes are reflected in total operating revenues. RCE growth has been robust in recent years as the region has grown in population; however, more recent projections had been indicating a slower rate of growth in coming years—independent of the impacts of the Covid 19 emergency and its economic impacts. Table 5 below describes the projected year-to-year rate of growth in RCE’s, comparing forecasts made with the 2020 rate proposal made in spring of 2019, and the recently-prepared 2021 rate proposal.

Table 5. Total Residential Customer Equivalents (RCEs)

2019

2020

2021

2022

2023

2024

2020 Adopted Rate Forecast 763,552 768,286 773,049 777,842 782,665 787,517 Percent Change from prior year 0.39% 0.62% 0.62% 0.62% 0.62% 0.62%

2021 Proposed Rate Forecast 763,436 768,212 772,207 776,222 780,259 784,316 Percent Change from prior year

0.63% 0.52% 0.52% 0.52% 0.52%

Difference from 2020 Adopted Rate Forecast to 2020 Proposed Rate Forecast

(2,425) (2,440) (2,455) (2,470) (2,485) (2,501)

These projections depict lower projected RCE growth in coming years, as compared to earlier expectations. This pattern could result in increased pressure for future rate growth, to support continuing growth in capital and operating costs, with lesser offsets from population and commercial growth. Operating Expenses For 2020 and 2021, operating expenses are projected at $168.8 million and $173.1 million respectively. The 2021 expense level associated with this 2020 rate proposal represents a 2.5% increase over the 2020 projected operating expense level. The rate of increase, however, appears to be accelerating; the projected 2024 operating expense level is increased by 6% over the projected 2023 level. Table 6 compares the forecast of operating expenses from the 2021 Proposed Rate to the 2020 Adopted Rate.


Table 6. Operating Expenses — 2021 Proposed Rate, 2020 Adopted Forecast (in millions)

2020 2021 2022 2023 2024 2025

2021 Proposed Rate Forecast

(168,886)

(173,116)

(181,872)

(191,617)

(203,127)

(213,388)

2020 Adopted Rate Forecast

(168,886)

(177,064)

(185,917)

(195,213)

(207,773)

(218,864)

Difference ($3,948) ($4,045) ($3,596) ($4646) ($5,476) WTD Capital Projects Table 7 below shows the differences in WTD's proposed Capital Spending Plan compared to the capital spending projections made in the adopted 2020 rate. Projections for 2021 and 2022 anticipate significantly higher expenditure levels for capital projects than had been forecast in the 2020 rate forecast.

Table 7 WTD Capital Spending Plan (in $ millions) 2020 2021 2022 2023 2024 2025 2026 2021 Proposed Rate Forecast

(221,260)

(271,838)

(298,544)

(338,722)

(331,392)

(305,911)

(408,914)

Rate of Increase from previous year

4.2% 22% 9.8% 13.4% -2.1% -7.6% 33.6%

2020 Adopted Rate Forecast

(271,825)

(268,794)

(277,304)

(267,533)

(216,894)

(236,175)

(233,369)

Rate of Increase from previous year

20% -1.1% 3.1% -3.5% -18.9% 8.9% -1.9%

Major Capital Projects Incorporated into the 2021 Rate As reported by the Executive, key projects that are underway or were added through the budget process that represent a significant portion of the 6-year capital planning horizon include the following:

• North Mercer Island and Enatai Interceptors Upgrade (total cost $146 million) This project will increase the reliability and capacity of the existing North Mercer Island Interceptor and Enatai Interceptor components of the regional wastewater system in order to convey the 20-year peak wastewater flows projected through 2060 from service areas in North Mercer Island, the southwest portion of Bellevue, and the Town of Beaux Arts Village.

• Georgetown Wet Weather Treatment Station (total cost $242 million) The

project consists of building a Wet Weather Treatment Station (WWTS), conveyance pipelines, and outfall structure to treat CSOs prior to discharge into the Lower Duwamish Waterway. The WWTS includes an influent pump station, equalization basin, screening facility, CSO treatment process, and disinfection. Modifications to both the S. Brandon St. and S. Michigan St. Regulator Stations will be required for diversion of flows to the WWTS. Ancillary facilities include an odor control facility, electrical/controls building, and emergency generator. CSO treatment will consist of high-rate primary treatment followed by ultraviolet disinfection prior to discharge.


• Joint Ship Canal Water Quality Combined Sewer Overflow (CSO) Control (total King County cost $179.8 million) The Ship Canal Water Quality Project is a joint project between Seattle Public Utilities (SPU) and the King County Wastewater Treatment Division that will provide offline storage with a deep storage tunnel constructed between the Ballard and Wallingford CSO areas, on the north side of the Ship Canal. The Ship Canal Water Quality Project will control SPU’s Ballard CSO basins, Fremont and Wallingford CSO basins, DNRP’s 3rd Ave. W. Regulator, and 11th Ave. NW Regulator.

• Lake Hills Interceptor Refurbishment (total cost $30.5 million) This project will

rehabilitate 3,263 linear feet of 48-inch-diameter reinforced concrete pipe. The project is scheduled to begin construction in 2020.

• Thornton Creek Trunk Replacement and Realignment (total cost $41 million)

Thornton Creek Trunk begins at the confluence of the North Lake City and West Lake City trunks and ends at the Matthews Beach Pump Station. The project will replace the existing pipe with a larger pipe that has greater capacity to convey sewage. The project will relocate some segments of the existing trunk away from environmentally sensitive areas.

As noted above, current projections indicate substantially increasing rates for coming biennia. As noted in Table 1, the rate pattern reflected major increases, in the range of 10-15% annually, during and immediately following the years of construction of the Brightwater Treatment Plant, which opened in 2012. Since that time, rates have moderated, from a high of 5.6% in 2015-2016, to a low of 2.5% for 2019-2020. Projected rates appear headed back towards major biennial increases, at 10.25% in 2023-2024, and 10.25% in 2025-2026, and 14% in 2027-2028.

Table 8 Sewer Rate Projections 2020 and 2021

The Executive has cited a number of drivers for the projected increases:

• An Asset Management evaluation of the major facilities and systems constituting the county’s portion of the regional system, including treatment plants, interceptor pipelines, and pump stations/regulator stations. County code speaks to the requirement for maintenance of the wastewater physical plant: KCC 28.86.110 WWSP-9: To ensure the region’s multibillion-dollar investment in wastewater facilities, an asset management program shall be established that provides for appropriate ongoing maintenance and repair of equipment and facilities. The wastewater maintenance budget, staffing levels and priorities shall be developed to reflect the long-term useful life of wastewater facilities as identified by the asset management program

Proposed 2021 Rate & Rate Plan 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030Rate Increase % 0.0% 4.50% 0.00% 10.25% 0.00% 10.25% 0.00% 14.00% 0.00% 14.00% 0.00%Rate $45.33 $47.37 $47.37 $52.23 $52.23 $57.58 $57.58 $65.64 $65.64 $74.83 $74.83Rate Increase $ $0.00 $2.04 $0.00 $4.86 $0.00 $5.35 $0.00 $8.06 $0.00 $9.19 $0.00


WWSP-10: The asset management program shall establish a wastewater facilities assets management plan, updated annually, establishing replacement of worn, inefficient and/or depreciated capital assets to ensure continued reliability of the wastewater infrastructure. Staff recently inquired about the age of interceptor conveyance lines throughout the system; the map below was produced by the GIS program of the Wastewater Treatment Division, depicting the age range of various segments of the conveyance system.

Chart 1 Interceptors By Age

The map above illustrates that a large proportion of the system was built before 1970, and is at or nearing 50 years of service life. The table below describes the proportionate age of system segments:


Table 9 Interceptors by Decade of Installation

Table 9 demonstrates that about 53% of the system is 40 years old or older. WTD notes that concrete pipelines are subject to deterioration as the result of the effects of hydrogen sulfide, which corrodes the interior lining of pipelines in the conveyance network. Depending on the condition of the pipeline, the agency may either reline the interior, or replace the line. A pipeline replacement project can take a decade to complete; the North Mercer/Enatai Interceptor project was begun in 2014, with completion anticipated in 2024. In addition to the physical condition of conveyance lines, their age may raise capacity issues. The Division’s Conveyance System Improvement project is intended to assure that the system is capable of conveying wastewater volumes expected for peak 20 year storms. As regional population growth continues, the agency is pressed to address these emerging capacity needs. As noted, the asset management needs are not confined to the conveyance system; the treatment plants—two of which are over 50 years old—also are the focus of asset management evaluation. The agency indicates that, for the system as a whole, they have identified a priority asset management inventory of $700 million in projects, as depicted below.

Chart 2 Asset Management Inventory—Ongoing and Unfunded

$0

$50,000,000

$100,000,000

$150,000,000

$200,000,000

$250,000,000

$300,000,000

2021 2022 2023 2024 2025 2026 2027 2028 2029 2030

Ongoing Priority AM Priority Inventory Catch-Up Aging Inventory Catch-Up

Priority AM Inventory Unfunded $700M complete by 2030

Ongoing AM Inventory--$80 million annually

Aging AM Inventory that will age into Priority category $453M


Chart 2 illustrates the additional Asset Management burden that the agency anticipates in coming years. This $700 million in priority unfunded projects has not been described prior to this rate cycle. The historic project to restore the water quality of Lake Washington is often cited as a major regional accomplishment. That project was begun in the late 1950s, with construction of wastewater facilities—plants and interceptor pipelines—getting underway in the 1960s. The extensive construction of that period—partially funded by the federal government—is now reaching the end its service life, much of it at about the same time, placing intensified asset management pressure on the wastewater capital system.

• The agency is required by a Consent Decree to complete a total of 14 Combined

Sewer Overflow projects by 2030. A number of projects are currently underway—including the Joint Ship Canal project, and the Georgetown Wet Weather Treatment Plant. Four earlier projects have been completed. Remaining projects (some of these are combined projects) include the Hanford/Lander/Kingdome/King Street (HLKK) Wet Weather Treatment Station, the Montlake Storage Tank/Green Stormwater Infrastructure, and the University Storage Tank/Green Stormwater Infrastructure.

• As noted earlier, there are indications that regional growth is projected to slow in coming years; current assumptions regarding new sewer connections have been reduced from earlier projections. As the growth in new connections lessens—with continuing growth in required capital expenditures, this can have the effect of increasing pressure on sewer rates.

The Executive notes that there are a number of additional rate drivers that are not included in the projected rate assumptions. The Washington Department of Ecology is currently developing a regulatory strategy to require control of nutrients from wastewater plants; the county’s West Point and South treatment plants are among the largest nutrient dischargers of wastewater plants into Puget Sound. The Wastewater Treatment Division is awaiting more specific definition of regulatory requirements that will allow evaluation of cost impacts. The agency further notes that remaining CSO projects have not been designed and engineered—increased clarity regarding costs for these projects will result from further design definition. Finally, WTD is undertaking a Clean Water Plan prioritization process to help focus water quality expenditures on greatest benefits; budget impacts from that effort will emerge following the expected 2022 completion of the planning process. Metropolitan Water Pollution Abatement Advisory Committee Comments The Metropolitan Water Pollution Abatement Advisory Committee, (MWPAAC), advises the King County Council and Executive on matters related to water pollution abatement. It was created by state law (RCW 35.58.210) and consists of representatives from cities and local sewer utilities that operate sewer systems within King County’s sewer service area. Most of these cities and sewer utilities deliver their sewage to King County for treatment and disposal.


MWPAAC has forwarded an advisory letter, Attachment 5, which is included in the transmittal. MWPAAC’s comments come in the context of revisions to the proposed 2021 rate package—initially revising it from 9.5%(2021) to 4.5% (2021) and 4.5% (2022); a final revision resulted in a proposal of 4.5% (2021), and 0% (2022),--that 2022 level was described as a “placeholder” pending an outreach process with stakeholders, including MWPAAC and RWQC. The MWPAAC letter indicates:

• Concern for the impact of the rate increase on ratepayers, and preference for a 0% rate increase for 2021, and a separate rate development process for the 2022 rate, in light of the economic conditions facing the region driven by the Covid-19 emergency;

• Encouragement to consider use of reserves, federal grants or loans, delays of operational investments and salary increases, and temporary relaxation of the 40% cash funding target for capital projects.

• Acknowledgement of WTD’s flexibility in reducing the proposal from initial levels; conditioned

TIMING The wastewater contracts with participating cities and sewer districts specify that the sewer rate be in place by June 30th of each year (partner city and sewer districts act after the county sets the sewer rate to establish their local rates, all of which go into effect on January 1, 2021). In addition, sewer rates are required by state statute to advertise a public hearing notice 10 days prior to the public hearing date. To meet the above requirements, following consideration at Committee of the Whole, a public hearing is planned for the May 26 meeting of the full Council; action on the legislation could either occur at that meeting, or at the subsequent Council meeting on June 9, 2020.


KING COUNTY

Signature Report


Ordinance

Proposed No. 2020-0173.1 Sponsors Dunn

1

AN ORDINANCE authorizing the King County executive 1

to execute an interlocal agreement with the Cedar River 2

Water and Sewer District to complete a coordinated project 3

for the replacement of a culvert and relocation of water 4

main and sanitary sewer lines on 162nd Avenue SE at SE 5

166th Court. 6

STATEMENT OF FACTS: 7

1. The county has a culvert replacement project on 162nd Avenue SE at 8

SE 166th Court involving the removal of an existing failing culvert and 9

installation of a new fish passage culvert with associated road and 10

stormwater improvements. 11

2. Cedar River Water and Sewer District owns and operates a water main 12

and sanitary sewer lines and appurtenant fixtures in the project area that 13

will need to be relocated due to conflicts with the culvert replacement and 14

roadway improvements. 15

3. It is in the best interest of King County and Cedar River Water and 16

Sewer District that the relocation of any portion of the water main and 17

sanitary sewer lines and appurtenant fixtures are coordinated as part of the 18

county’s culvert replacement project. 19


Ordinance

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4. King County and Cedar River Water and Sewer District are municipal 20

corporations under the laws of the state of Washington and are entitled to 21

utilize chapter 39.34 RCW to enter into an interlocal agreement to 22

mutually carry out statutory duties. 23


SECTION 1. The executive is hereby authorized to execute an interlocal 25

agreement with Cedar River Water and Sewer District to complete a coordinated project 26


Ordinance

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for the replacement of a culvert, water main and sanitary sewer lines on 162nd Avenue 27

SE at SE 166th Court, in substantially the form of Attachment A to this ordinance. 28

29


________________________________________


________________________________________



_________________________________


Attachments: A. Agreement between King County and Cedar River Water and Sewer District


ATTACHMENT A

AGREEMENT BETWEEN KING COUNTY AND

THE CEDAR RIVER WATER AND SEWER DISTRICT FOR THE RELOCATION OF ITS WATER MAIN AND SANITARY SEWER LINES

AT 162nd AVENUE SE AND SE 166th COURT.

THIS AGREEMENT is made and entered into by and among King County, a political subdivision of the State of Washington, hereinafter called the “County” and Cedar River Water and Sewer District, hereinafter called “CRWSD”. The County and CRWSD are collectively referred to as the “Parties”.

RECITALS A. The County has Culvert Replacement project, Project #1130707, on 162nd Ave SE at

SE 166th Court to design and replace a drainage culvert.

B. Project #1130707 includes removal of an existing culvert and installation of a new fish passable culvert with associated road and stormwater improvements on 162nd Ave SE at SE 166th Court.

C. CRWSD owns and operates Water Main and Sanitary Sewer lines including

appurtenances within the limits of Project #1130707. D. A portion of the CRWSD Water Main and Sanitary Sewer lines will need to be

relocated due to conflicts with the culvert replacement and roadway improvements.

E. Appurtenances to the Water Main and Sanitary Sewer lines, such as valves, meters, and fire hydrants may need to be adjusted or relocated to accommodate the road improvements.

F. CRWSD is responsible for the relocation and/or adjustment of any portion of its Water

Main and Sanitary Sewer lines located within the County’s rights-of-way. G. It is in the best interest of the Parties that relocation and/or adjustment of the Water

Main and Sanitary Sewer lines are coordinated with Project #1130707. H. The Parties are municipal corporations under the laws of the State of Washington and

are entitled to utilize Ch. 39.34 RCW to enter into an interlocal agreement to mutually carry out statutory duties.

NOW, THEREFORE, the Parties hereby covenant and agree as follows:


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AGREEMENT 1. SCOPE OF WORK

County Project The County Project includes the removal of an existing culvert and installation of a new fish passable box culvert with associated road improvements on 162nd Ave SE at SE 166th Court. The scope of work for the culvert replacement includes the following: installation of a 137-foot-long, 17-foot-wide by 10-foot-high fish passable box culvert, and associated grading, drainage, erosion/water pollution controls, surfacing, pavement markings, curb gutter and sidewalk, and illumination. In conjunction with the culvert replacement, a new stormwater detention vault and control structure will be constructed pursuant to a separate agreement between the King County Department of Local Services Road Services Division and Department of Natural Resources and Parks Water and Land Division. The above described work is referred to herein as "County Project." Water Main and Sanitary Sewer Lines relocation

The scope of the Water Main and Sanitary Sewer relocation work includes the following: The scope of work for this project consists of the construction of approximately 200 lineal feet of new 12-in. diameter ductile iron water main, 100 lineal feet of 8-inch PVC sewer main and approximately 300 LF of temporary sanitary sewer. Both the new water and sewer mains will follow the path of the existing water and existing sewer mains. The existing water and sewer mains will be removed (including one fire hydrant). The new water and sewer lines will be reinstalled after the new culvert work is completed. The new water system will include one new fire hydrant and two new connections to the existing system. The new 12” water main will extend to the limits shown on the plans as provided by CRWSD. The limits of the new sewer main will extend from the existing SSMH located opposite SE 166th Court to just past the limits of excavation for the new culvert and other utility work to the southwest. The existing 8” sewer main will be replaced along with one 6” side sewer pipe. A temporary gravity sewer will be installed and maintained by the contractor that is awarded the work until the new sewer is in place and fully operational. It will be such contractor’s responsibility to furnish the material to support the gravity sewer main that will cross the ravine, make the final connections for the new sewer and side sewer and provide a temporary sewer by-pass while final connections are being made, plug and abandon the temporary sewer system (underground), remove and properly dispose of the temporary sewer system across the ravine, and fully restore the ground surface and sewer system in kind.


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The above described work is referred to herein as "Water Main and Sanitary Sewer Lines relocation."

The County Project is contingent upon issuance of all necessary permits and the participation of King County Department of Natural Resources and Parks Water and Land Division in construction of the new stormwater and fishway facilities.

2. CRWSD RESPONSIBILITIES 2.1 CRWSD shall be responsible for the design and specifications for the Water

Main and Sanitary Sewer lines relocation and have full authority to complete all aspects of the relocation subject to the terms of this agreement.

2.2 CRWSD shall be responsible for obtaining any necessary permits for the Water Main and Sanitary Sewer relocation, beyond the permits acquired by the contractor for the County Project.

2.3 CRWSD shall prepare and provide to the County not later than March 24, 2020,

stamped plans and specifications for the Water Main and Sanitary Sewer relocation to be included with the County Project contract.

2.4 CRWSD shall provide all details, special provisions, pay items and a list of bid

items and corresponding bid item quantities for the Water Main and Sanitary Sewer relocation as a separate bid schedule to be included as a component of the County Project contract.

2.5 Prior to the solicitation of bids by the County, CRWSD shall provide written

confirmation of acceptance of the consolidated bid proposal documents as prepared by the County, or review comments, within five (5) business days of receiving the documents from the County for review and comment.

2.6 Following the receipt of bids, CRWSD shall notify the County in writing within

fifteen (15) business days of receiving a copy of the complete, County-prepared bid tabulation, including identification of bidders and proposed subcontractors for the Water Main and Sanitary Sewer relocation, whether CRWSD approves or rejects award of the bid including the Water Main and Sanitary Sewer relocation. The County shall not proceed with the Water Main and Sanitary Sewer relocation if the County has received written notification from CRWSD that CRWSD rejects the bid proposed for acceptance by the County for the Water Main and Sanitary Sewer relocation. Such approval or rejection by CRWSD shall be at CRWSD’s sole discretion, without cost or penalty.

2.7 If CRWSD rejects the County’s proposed bid for the Water Main and Sanitary


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Sewer relocation, the following shall apply:

CRWSD shall 1) at its sole cost, perform, or cause to be performed under separate contract, all or such portions of the Water Main and Sanitary Sewer relocation work as identified in Section 1, and as necessary to accommodate the County road improvements; 2) release the County from all obligations and requirements of every nature with respect to the Water Main and Sanitary Sewer relocation except to provide reasonable access and coordination; and 3) shall use reasonable efforts to work with the County to complete its Water Main and Sanitary Sewer relocation so not to unreasonably delay the County Project.

2.8 CRWSD shall be financially responsible for the total costs of the Water Main

and Sanitary Sewer relocation.

2.9 CRWSD may inspect the Water Main and Sanitary Sewer relocation to ensure proper compliance with requirements during the performance of the project. CRWSD shall advise the County of any issues noted and retains sole authority for determining whether the work is sufficient to allow connection to the existing water main and sanitary sewer lines and restoration of water and sewer service.

2.10 CRWSD shall be responsible for all utility coordination for the Water Main and Sanitary Sewer relocation unless CRWSD uses the County’s contractor to perform the water and sewer main relocation work including the provision of temporary water and sewer service, in which case the County’s contractor shall be entirely responsible for such coordination.

2.11 Final acceptance (or rejection) of the Water Main and Sanitary Sewer relocation

will be by CRWSD. 2.12 CRWSD shall continue to own, maintain and operate the Water Main and

Sanitary Sewer lines. The portion of the Water Main and Sanitary Sewer inside the County's right-of-way shall be subject to the County's franchise agreement with CRWSD.

2.13 CRWSD shall use reasonable efforts to work with the County to complete its

Water Main and Sanitary Sewer relocation so not to unreasonably delay the County Project.

2.13.1 If CRWSD unreasonably delays the County’s contractor in the

performance of the Water Main and Sanitary Sewer relocation, CRWSD agrees to defend, indemnify, and hold the County harmless from and against any such delay if and to the extent a claim is made


5

against the County by the County’s contractor with respect to such delay, provided, the County must give CRWSD notice of the delay claim within 30 days of the County receiving such delay claim from the County’s contractor for this Section to be effective. CRWSD agrees to fully cooperate with County in the defense of such claim and provide all records and facts in its possession in good faith.

3. COUNTY RESPONSIBILITIES

3.1 The County shall be the lead agency for the County Project, and the Water Main and Sanitary Sewer relocation if incorporated into the County Project as set forth in Section 2.

3.2 The County shall include the Water Main and Sanitary Sewer relocation in its construction contract for the County Project on the condition CRWSD approves the County’s Contract for the Water Main Project and reimburses the County for the costs of such work as provided herein. The estimated cost for the Water Main and Sanitary Sewer relocation is attached as Exhibit A.

3.3 Nothing herein shall prevent the County from using more than one contractor for the Water Main and Sanitary Sewer relocation. If this occurs, the above provisions shall apply to any contract which includes CRWSD Water Main and Sanitary Sewer relocation as defined in Section 1 above.

3.4 The County shall apply for permits necessary to complete the County Project

and CRWSD Water and Sanitary Sewer relocation, including Hydraulic Project Approval. CRWSD is not required to obtain a Franchise Construction Permit as the Water and Sanitary Sewer relocation is a requirement for the Count Project to proceed.

3.5 If CRWSD utilizes the County’s contractor to perform Water Main and Sanitary

Sewer relocation, the County shall provide lead construction inspection for the Water Main and Sanitary Sewer relocation, with direct reliance on, and input from CRWSD. CRWSD shall have sole jurisdiction of inspection for water main and sanitary sewer relocation, including temporary and permanent water service(s), testing and verification of water quality prior to restoration of water service, and temporary and permanent sanitary sewer service. Any such CRWSD inspection shall be communicated through the County’s designated on-site representative.

3.6 The County shall provide all necessary construction contract administration.

3.7 The County shall separately track the work performed on the CRWSD portion

of the County Contract.


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3.8 The County shall not order or approve any changes in the approved Water Main

and Sanitary Sewer relocation design which substantially change the nature of the Water Main and Sanitary Sewer relocation or increases the contract sum to CRWSD by more than ten (10) percent or change the schedule of the Water Main Project without first consulting CRWSD for approval.

3.9 The County shall at all times keep CRWSD advised as to the progress of the

Water Main and Sanitary Sewer relocation. 3.10 The County shall be responsible for providing CRWSD with all necessary

invoice documents and back up information to satisfy CRWSD’s requirements for payment in this agreement.

3.11 The County shall act as a contractor of services only and shall not

purport to represent CRWSD professionally other than in providing the services described in this Agreement.

3.12 The County shall abide by all bid and public works contracting laws

applicable to public works construction applicable to Washington State counties and water-sewer districts. The County shall provide notification in accordance with RCW 39.34.030(5)(b) in order that CRWSD comports with the County’s bid solicitation and award process.

4. PAYMENT

4.1 CRWSD shall pay the County for actual out of pocket costs ("Actual Costs")

incurred by County associated with Water Main and Sanitary Sewer relocation work.

4.1.1 Actual Costs may vary from the estimate contained in Exhibit A.

4.1.2 Actual Costs shall include, without limitation, all costs of construction and all costs incurred by the County for clerical, inspection, administrative, administrative indirect costs, bonds, legal and other services attributable to the Water Main and Sanitary Sewer relocation.

4.1.3 The Parties have reviewed Exhibit A and agree that it contains a

reasonable estimate of the Actual Costs for the Water Main and Sanitary Sewer relocation. The County shall invoice CRWSD on no more than a monthly basis for Actual Costs incurred for the Water Main and Sanitary Sewer relocation. These invoices shall reflect the Actual Costs of the Water Main and Sanitary Sewer relocation in accordance with this Agreement. CRWSD agrees to pay such invoices within 30 days of the invoice date. Unpaid amounts shall bear interest


7

at 12 percent per annum. If any invoices are disputed, CRWSD is not required to pay under the terms herein and the parties agree to meet to discuss the dispute. If the dispute remains, it shall be resolved under Section 7 below.

4.2 Per Section 3.10, the County is responsible for providing CRWSD with a

detailed invoice. The invoice shall show specific charges for work performed in the Water Main and Sanitary Sewer relocation.

5. DURATION/TERMINATION

This Agreement shall remain in effect until final acceptance of the work performed under the County Project contract and payment by CRWSD of all monies due from CRWSD to the County.

6. FORCE MAJEURE The County’s and CRWSD’s performance under this Agreement, except for

provisions requiring the reimbursement of expenses under sections 3 and 4 above, shall be excused during any period of force majeure. Force majeure is defined as any condition that is beyond the reasonable control of the County and CRWSD, including but not limited to, natural disaster, severe weather conditions, contract disputes, labor disputes, epidemic, pandemic, delays in acquiring right-of-way or other necessary property or interests in property, permitting delays, or any other delay resulting from a cause beyond the reasonable control of the County and CRWSD.

7. DISPUTE RESOLUTION

7.1 In the event of a dispute between the Parties regarding this Agreement, the Parties shall attempt to resolve the matter informally.

7.2 If the parties are unable to resolve the matter informally, the matter shall be

decided by the Director of the King County Road Services Division and the General Manager of CRWSD. If the Parties are unable to reach a mutual agreement, either Party may refer the matter to non-binding mediation.

7.3 Unless otherwise expressly agreed to by the Parties in writing, both the County

and CRWSD shall continue to perform all their respective obligations under this Agreement during the resolution of the dispute.

7.4 This Agreement shall be interpreted in accordance with the laws of the State of

Washington in effect on the date of execution of this Agreement. In the event


8

any party deems it necessary to institute legal action or proceedings to ensure any right or obligation under this Agreement, the Parties hereto agree that such action or proceedings shall be brought in a court of competent jurisdiction in King County Washington.

8. INDEMNIFICATION AND DEFENCE

8.1 Each Party hereto agrees to protect, defend and indemnify the other Party, its officers, officials, employees and agents from any and all costs, claims, claims for delay, judgments and/or awards of damages, arising out of or in any way resulting from the Party’s default, failure of performance, or negligent acts and omissions associated with this Agreement, by the Party, its employees, subcontractors or agents. All claims, demands and obligations resulting from the concurrent negligence of the Parties shall be shared, based upon the percentage of fault attributed to each Party.

8.2 Each Party agrees that its obligations under this provision extend to any claim,

demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party’s immunity under Washington’s Industrial Insurance act, RCW Title 51, as respects the other Party only, and only to the extent necessary to provide each Party with a full and complete indemnity of claims made by the other Party’s employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them.

8.3 Claims shall include, but not be limited to, defects or mistakes in plans,

specifications and/or drawings, assertions that the use or transfer of any software, book, document, report, film, tape, or sound reproduction of any kind, delivered hereunder, constitutes an infringement of any copyright, patent, trademark, trade name, and/or otherwise results in unfair trade practice.

8.4 The provisions of this section shall survive the expiration or earlier termination of

this Agreement with regard to any event that occurred prior to or on the date of such expiration or earlier termination.

9. OTHER PROVISIONS

9.1 Nothing contained herein is intended to, or shall be construed to, create any rights in any person or entity not a signatory to this Agreement, or to form the basis for any liability on the part of the CRWSD, the County, or their officials, employees, agents or representatives, to any person or entity not a signatory to this Agreement.


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9.2 Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a modification of the terms of this Agreement.

9.3 The headings in this Agreement are for convenience only and do not in any

way limit or amplify the provisions of this Agreement. 9.4 If any provision of this Agreement shall be held invalid, the remainder of the

Agreement shall not be affected thereby if such remainder would then continue to serve the purposes and objectives of the Parties.

9.5 This Agreement contains the entire agreement of the Parties and any

representations or understandings, whether oral or written, not incorporated herein are excluded.

9.6 This Agreement may be amended only by an instrument in writing, duly

executed by all Parties.

10. AUDITS AND INSPECTIONS 10.1 The records and documents with respect to all matters covered by this

Agreement shall be subject to inspection, review or audit by the County or the CRWSD during the term of this Agreement and three years after termination.

10.2 Audits and inspections shall be the responsibility of the County. The CRWSD

shall support the County in meeting audit and inspection requirements.

IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date last signed below. KING COUNTY CEDAR RIVER WATER AND

SEWER DISTRICT ________________________________ ______________________________ Rick Brater, Division Director General Manager KCDLS, Road Services Division Cedar River Water and Sewer District ______________________________ ______________________________

Date Date


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APPROVED AS TO FORM: APPROVED AS TO FORM: _________________________________ ______________________________ John Briggs Cedar River Water and Sewer District Deputy Prosecuting Attorney General Counsel

______________________________ ______________________________ Date Date


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EXHIBIT A Estimated Water Main and Sanitary Sewer Relocation Construction Costs The following represents an estimate of the reimbursable costs for the County to incorporate the plans, specifications, and associated bid proposal documents, to include the work for, and to survey, inspect and perform construction contract administration for the Water Main and Sanitary Sewer relocation into the County project: Estimated County Costs for Plans, Specifications, and Estimate $____NA___ Direct Construction Cost (see District Engineer’s Estimate which includes tax)

$ 134,622.00

Construction Related Costs * $ As detailed below Construction Contract Inspection and Administration** $_________ TOTAL ESTIMATED WATER/SEWER MAIN PROJECT COST

$_________

* Construction Related Cost items applied to the contract pay items:

• Contractor’s Mobilization (10% of actual “Direct Construction Costs”) • Construction Surveying (actual cost for staking related to water and sewer features) • As-built Survey and Record Drawings (As-builts by District) • Items for Temporary Project Traffic Control (N/A) • SPCC Plan (N/A) • Temporary Water Pollution / Erosion Control Items, including ESC Lead. (N/A) • Clearing and Grubbing (N/A)

** Construction Inspection & Administration costs.

• 25% of actual “Direct Construction Costs”.



STAFF REPORT

Proposed No.: 2020-0173 Name: Nick Bowman SUBJECT Proposed Ordinance 2020-0173 would authorize the Executive sign an Interlocal Agreement (ILA) with the Cedar River Water and Sewer District to complete a coordinated project to replace a failing culvert, make road and stormwater improvements and relocate a water main, sanitary sewer lines and appurtenant fixtures in the Fairwood area of unincorporated King County. SUMMARY The proposed ordinance would authorize the execution of an ILA (Attachment A) which would allow the Road Services Division of the King County Department of Local Services (Roads) and the Cedar River Water and Sewer District (District) to coordinate on a construction project which would replace a drainage culvert, make road and stormwater improvements and relocate a water main, sanitary sewer lines and appurtenant fixtures at 162 Ave SE at SE 166th Court in the Fairwood area of unincorporated King County.1 Roads has determined that in order to complete its culvert and road improvement project, a portion of the water main, sanitary sewer lines and appurtenant fixtures located in the County’s Right of Way (ROW) and owned and operated by the District will need to be relocated. As the District is responsible for the relocation of any infrastructure utilizing the County’s ROW, the proposed ILA would set forth the conditions to bring the two projects under one contract. According to the Executive, coordinating the work under one construction contract will achieve cost and project efficiencies for both the County and the District, as well as, reduce construction disturbance to the general public. The proposed ILA outlines the scope of the projects, defined as the “County Project” and the “Water Main and Sanitary Sewer Lines relocation,” describes the individual responsibilities of both parties and provides the cost estimate on which payment by the District to the County will be based. The cost estimate provided in Exhibit A to the ILA shows that the County expects to receive approximately $135,000 from the District for work performed under the ILA. According to the Executive, the construction window for this project is fish dependent – meaning permit requirements stipulate that construction must occur when fish are not

1 Project #1130707


expected to be present. The Executive further stated that the project contract’s request for proposal must be issued by the end of May to make this year’s construction window. Amendment 1 would replace the original Attachment A with a revised Attachment A which would:

• Make technical and language corrections as recommended by Council’s legal counsel;

• Add protections for the County in the event the District unreasonably delays the County’s contractor in the performance of either the County Project or the CRWSD Work;

• Clarify that the District is responsible for, and has sole jurisdiction over, inspection of the CRWSD Work and that the District will coordinate its inspections of the project with the County, as well as, conduct its inspections and share its inspection results with the County in a timely manner;

• Stipulate that direct and indirect costs incurred by the County and charged to the District shall not exceed 25% of the construction costs;

• Include a complete cost estimate for the CRWSD Work construction costs under Exhibit A to the ILA, which increases the estimated payment to the County, by the District, from approximately $135,000 to approximately $208,000.

BACKGROUND In the 2017-2018 biennial budget,2 the Council approved $1.5 million in appropriation authority for Road Services Division Project #1130707. The project derived from a work plan developed by the Water and Land Resources Division (WLRD) to identify, prioritize and schedule potential projects to improve access and reduce risks to communities isolated during recurring flood events on county roads.3 Project #1130707 is a joint project between Roads and WLRD, with the Roads portion being funded by the King County Flood Control District. The project will replace a 167-foot-long pipe and catch basin system that controls flows from an upstream stormwater detention facility (an in-stream facility constructed circa 1977, known as Stormwater Facility D90119) and which carries Madsen Creek under 162nd Avenue SE. Specific components of the project include:

(1) Replacing the deteriorated corrugated metal pipe and catch basin system with a new 133-foot-long, 17-foot-wide, and 10-foot-high precast concrete box culvert designed in accordance with state requirements (stream simulation fish passage standards).

(2) Installing a weir-like control structure with a built-in fishway passage orifice and a 10-foot-long roughened channel upstream of the new culvert to facilitate fish passage at low flows into Stormwater Facility D90119. The fishway orifice is designed to the extent feasible to provide fish passage at low flows while

2 Ordinance 18409 3 King County Department of Transportation, Road Services Division: Capital Improvement Program, Transportation Projects for Fiscal Years 2017 – 2022. Adopted 2017-2018 Biennial Budget (Ordinance 18409). https://kingcounty.gov/depts/local-services/roads/about-the-CIP.aspx


https://kingcounty.gov/depts/local-services/roads/about-the-CIP.aspx

maintaining a minimum level of flow control from the upstream in-stream stormwater detention facility. It is designed using the hydraulic design option guidance.

(3) Installing a stormwater detention vault under 162nd Avenue SE to compensate in-part for anticipated lost storage in Stormwater Facility D90119 as a result of the proposed new culvert.

(4) Reconfiguring the in-road stormwater drainage system within the project

footprint. According to Roads, components (1) and (4) will be owned and maintained by Roads, while components (2) and (3) will be owned and maintained by WLRD. The current total cost estimate for the project is approximately $4.9 million. The Roads portion of the project is estimated at $3.3 million which will be funded by the King County Flood Control District, and the WLRD portion of the project is estimated at $1.5 million, which is funded from the Surface Water Management fee funds appropriated to the Stormwater Capital Asset Preservation Program. The Cedar River Water and Sewer District, is a Water and Sewer District as defined under Title 57 Revised Code of Washington. The District was formed on June 21, 1960 and has a service area of approximately 9,420 acres, or 14.5 square miles. Currently, the District serves the communities of Fairwood (water and sewer service) and Maple Valley (water service only).4 The District owns and operates water main and sanitary sewer lines, including appurtenances, in the Fairwood area of unincorporated King County; a portion of which falls within the limits of Project #1130707. Under the terms of the County’s franchise agreement with the District, the District is responsible for relocating and/or adjusting any portion of its infrastructure within the County’s ROW. ANALYSIS Proposed Ordinance 2020-0173 would establish a new ILA, (Attachment A) so that Roads and the District may complete a coordinated construction project in the Fairwood area of unincorporated King County. The key provisions of the proposed agreement include: Scope of Work (Section 1) Section 1 of the proposed ILA describes the scope of work to be completed for the two parts of the coordinated project, defined as “County Project” and the “Water Main and Sanitary Sewer Lines relocation.” The primary components of the “County Project” include: 4 Cedar River Water and Sewer District. http://www.crwsd.com/the-district/about-crwsd/


http://www.crwsd.com/the-district/about-crwsd/

• Removal of an existing culvert; • Installation of a fish passable box culvert, and associated grading, drainage,

erosion/water pollution controls, surfacing, pavement markings, curb gutter and sidewalk, and illumination; and

• Construction of a new stormwater detention vault and control structure. The primary components of the “Water Main and Sanitary Sewer Lines relocation” include:

• Construction of approximately 200 lineal feet (LF) of new 12-in. diameter ductile iron water main, 100 LF of 8-inch PVC sewer main and approximately 300 LF of temporary sanitary sewer;

• Removal of existing water and sewer mains (including one fire hydrant); • Installation of a new water system after the culvert work is completed, including

one new fire hydrant and two new connections; and • Installation and maintenance of a temporary gravity sewer during construction

and the removal and disposition of the temporary system once the new sewer system is in place and fully operational.

CRWSD Responsibilities (Section 2) Section 2 of the proposed ILA establishes the District’s project responsibilities. These include:

• Furnishing design and specifications for the Water Main and Sanitary Sewer Lines relocation;

• Obtaining any necessary permits for the Water Main and Sanitary Sewer Lines relocation beyond that which is acquired by the contractor for the County Project;

• Preparing and providing stamped plans and specifications for the Water Main and Sanitary Sewer Lines relocation to the County by March 24, 2020.

• Accepting or rejecting the award of a contract bid which includes the Water Main and Sanitary Sewer relocation, in writing, within fifteen days of receiving County-prepared bid tabulation;

• If rejecting the County’s proposed bid, ensuring the Water Main and Sanitary Sewer relocation work is performed at the District’s sole cost and in such a manner so as not to unreasonably delay the County Project;

• Assuming the total costs of the Water Main and Sanitary Sewer relocation; • Inspecting the Water Main and Sanitary relocation to ensure proper compliance

with ILA requirements and to determine whether the work is sufficient to restore water and sewer service; and

• Using reasonable efforts to work with the County so as not to unreasonably delay the County Project.

County Responsibilities (Section 3) Section 3 of the proposed ILA establishes the County’s project responsibilities. These include:

• Acting as the lead agency for both projects if the District accepts the Water Main and Sanitary Sewer relocation being incorporated into the County Project;


• Applying for permits necessary to complete the County Project and the Water and the Sanitary Sewer relocation;

• Providing lead construction inspection and administration; • Withholding any changes to the approved Water Main and Sanitary Sewer

relocation design which substantially changes the scope of the work or increases the contract sum by more than ten percent or changes the schedule without first consulting the District for approval; and

• Furnishing all necessary invoice documents and other information necessary to satisfy the District’s responsibility for payment.

Payment (Section 4) Section 4 of the proposed ILA details how the District will pay the County for work performed on the Water and Sanitary Sewer relocation. Such details include:

• That the District shall pay the County for “Actual Costs” incurred by the County associated with the Water Main and Sanitary Sewer relocation work;

• That “Actual Costs” may vary from the estimated shown in Exhibit A to the ILA; • That the Parties agree that Exhibit A contains a reasonable estimate for the

“Actual Costs”; • That the County shall invoice the District on no more than a monthly basis for

“Actual Costs” and the District agrees to pay such costs within thirty days of the invoice date. If any invoices are disputed, the District will not be required to pay and the parties agree to meet to discuss the dispute, utilizing the dispute resolution process provided in Section 7 of the proposed ILA if necessary.

Duration/Termination (Section 5) Section 5 of the proposed ILA sets the duration of the ILA, which will remain in force until final acceptance of the work performed under the County Project contract and payment by the District to the County are collected. Dispute Resolution (Section 7) Section 7 of the proposed ILA provides a process for resolving disputes between the County and the District. This process includes:

• Attempting to resolve the issue informally; • Having the Roads Director and the General Manager of the District attempt to

resolve the dispute; and • Referring the matter to non-bonding mediation.

Construction Cost Estimate (Exhibit A) Exhibit A to the ILA provides the construction cost estimate for the Water Main and Sanitary Sewer relocation work which is to be paid to the County should the District utilize the County’s contractor. Construction costs include:

• Direct Construction Cost; • Construction Related Costs related to contract pay items; and


• Inspection and administration costs. Project Timing According to the Executive, the construction window for this project is fish dependent – meaning permit requirements stipulate that construction must occur when fish are not expected to be present. The Executive further stated that the project contract’s request for proposal must be issued by the end of May to make this year’s construction window. AMENDMENTS Amendment 1 would replace the original Attachment A with a revised Attachment A to which would:

1. Make technical and language corrections as recommended by Council’s legal counsel;

2. Add protections for the County in the event District unreasonably delays the County’s contractor on either the County Project or the CRWSD Work;

3. Clarify that the District is responsible for, and has sole jurisdiction over, inspection of the CRWSD Work and that the District will coordinate its inspections of the project with the County, as well as, conduct its inspections and share its inspection results with the County in a timely manner;

4. Stipulate that direct and indirect costs incurred by the County and charged to the District shall not exceed 25% of the construction costs;

5. Include a complete cost estimate for the CRWSD Work construction costs under Exhibit A to the ILA, which increases the estimated payment to the County, by the CRWSD, from approximately $135,000 to approximately $208,000.

A crosswalk of the revisions to the ILA is provided in Table 1 below. Table 1

Key Changes in Revised ILA Proposed ILA Section Revised ILA

Refers to two projects as “The County Project” and the “Water Main and Sanitary Sewer relocation”

Scope of Work (Section 1)

Clarifies that “the Count Project” refers to Project #1130707 and renames the “Water Main and Sanitary Sewer relocation” to “CRWSD work.”

Declares that CRWSD shall use reasonable efforts so as not to unreasonably delay the County Project.

CRWSD Responsibilities

(Section 2)

Adds protections for the County against claims by the County’s contractor which result from CRWSD unreasonably delaying the County’s contractor in the performance of either the County Project or the CRWSD Work.

Declares that if the CRWSD utilizes the County’s contractor, the County shall provide lead construction inspection services. However, CRWSD shall be responsible for inspections of the CRWSD work.

County Responsibilities (Section 3)

Adds clarifying language that while the County will provide lead construction inspections to ensure the County contractor’s compliance with the contract, CRWSD is responsible for, and has sole jurisdiction over, inspection of the CRWSD Work.


Key Changes in Revised ILA Proposed ILA Section Revised ILA

Adds requirements that the CRWSD will coordinate its inspections of the project with the County, as well as, conduct its inspections and share its inspection results with the County in a timely manner.

Defines “Actual Costs,” attributable to the CRWSD Work, which must be paid by the CRWSD to the County, if CRWSD utilizes the County’s contractor, as including, without limitation, all costs of construction and all costs incurred by the County for clerical, inspection administrative indirect costs, bonds, legal and other services.

Payment (Section 4)

Limits direct and indirect costs, incurred by the County and charged to the CRWSD to a maximum of 25% of the construction costs.

The transmitted Exhibit A was incomplete, having only a direct construction cost estimate of approximately $135,000.

Estimated CRWSD Work Construction Cost

(Exhibit A)

Includes a complete Exhibit A, with a direct construction estimate of approximately $166,000 and a construction contract inspection and administration estimate of approximately $42,000; for a total cost of approximately $208,000.

INVITED

• Rick Brater, Division Director, Roads Services Division of the Department of Local Services.

ATTACHMENTS

1. Transmittal Letter 2. Fiscal Note


[Blank Page]


April 10, 2020

The Honorable Claudia Balducci Chair, King County Council Room 1200 C O U R T H O U S E

Dear Councilmember Balducci:

This letter transmits a proposed ordinance that, if enacted, would authorize the Executive to enter into an interlocal agreement with the Cedar River Water and Sewer District to complete a coordinated project for the replacement of a failing culvert, relocation of a water main, sanitary sewer lines and appurtenant fixtures on 162nd Avenue SE at SE 166th Court in the Fairwood area of unincorporated King County.

The Department of Local Services, Road Services Division (Roads) plans to complete a culvert replacement project to remove a failing culvert on 162nd Avenue SE at SE 166th Court and install a new fish passable culvert with associated road and stormwater improvements. Cedar River Water and Sewer District owns and operates water main and sanitary sewer lines within the culvert replacement project area. In order for Roads to complete the culvert replacement, the water main and sanitary sewer lines, along with associated valves meters and fire hydrants, will need to be relocated or adjusted due to conflicts with the culvert replacement and roadway improvements. By coordinating the work of both the District and King County under one construction contract, the District and the County can recognize cost and project efficiencies while improving important infrastructure serving the citizens of King County.

The proposed ordinance and interlocal agreement support the King County Strategic Plan guiding principles and goals of Efficient, Accountable Regional and Local Government by partnering with Cedar River Water and Sewer District for the coordinated delivery of this important infrastructure improvement project. This partnership will optimize County operations through innovation and continuous improvement; deliver consistent, responsive, equitable, high-quality services to residents and districts; exercise sound fiscal management; and ensure that County government operates efficiently and effectively to deliver a quality

ATTACHMENT 1


The Honorable Claudia Balducci April 10, 2020 Page 2

project consistent with the policy and operational goals of King County government and community priorities.

The King County Council’s approval of the attached interlocal agreement allows King County to partner with the Cedar River Water and Sewer District in a coordinated culvert replacement project improving important infrastructure. I recommend the King County Council approve this ordinance and the interlocal agreement.

If you have any questions regarding this ordinance, please contact Rick Brater, Director, Road Services Division, at 206-477-3601.

Sincerely,

Dow Constantine King County Executive

Enclosures

cc: King County Councilmembers ATTN: Carolyn Busch, Chief of Staff

Melani Pedroza, Clerk of the Council Shannon Braddock, Deputy Chief of Staff, Office of the Executive Karan Gill, Director, Council Relations, Office of the Executive Rick Brater, Director, Road Services Division, DLS Leslie Drake, Road Property Program Manager, Road Services Division, DLS


2019/2020 FISCAL NOTE

Ordinance/Motion: OrdinanceTitle: ILA regarding Culvert replacement project on 162nd Ave SE at SE 166th Ct Affected Agency and/or Agencies: Road Services Division and Cedar River Water and Sewer DistrictNote Prepared By: Leslie Drake, Roads - Strategic Business Operations SectionDate Prepared:March 26, 2020Note Reviewed By: Mark Foote, Roads - Strategic Business Operations SectionDate Reviewed: March 30, 2020

Description of request:

Revenue to:Agency Fund Code Revenue Source 2019/2020 2021/2022 2022/2023

County Road Fund 1030 CRWSD 168,000

TOTAL 168,000 0 0

Expenditures from:Agency Fund Code Department 2019/2020 2021/2022 2022/2023

County Road Fund 168,000

TOTAL 168,000 0 0

Expenditures by Categories

2019/2020 2021/2022 2022/2023

TOTAL 0 0 0Does this legislation require a budget supplemental? NoNotes and Assumptions:

An ordinance that will authorize the County Executive to enter into an Interlocal Agreement with the Cedar River Water and Sewer District (CRWSD) to complete a coordianted project for the replacement of a failing culvert and relocation of a water main and sanitary sewer lines on 162nd Ave SE at SE 166th Court.

The county will recognize cost, project scheduling and delivery effeciencies by including the relocaton of CRWSD's water and sewer lines in the county's construction contract. CRWSD will pay the County for acutal costs incurred by the County associated with the water main and sewer line relocaton including administrative indirect costs attributable to CRWSD's portion of the project, estimated to be $168,000. The net impact will be zero.

ATTACHMENT 2


KING COUNTY

Signature Report


Ordinance

Proposed No. 2020-0184.1 Sponsors Balducci

1

AN ORDINANCE approving and adopting the collective 1

bargaining agreement negotiated by and between King 2

County and King County Juvenile Detention Guild 3

representing employees in the department of adult and 4

juvenile detention, juvenile division; and establishing the 5

effective date of the agreement. 6


SECTION 1. The collective bargaining agreement negotiated by and between 8

King County and King County Juvenile Detention Guild representing employees in the 9

department of adult and juvenile detention, juvenile division, which is Attachment A to 10

this ordinance, is hereby approved and adopted by this reference made a part hereof.11


Ordinance

2

SECTION 2. Terms and conditions of the agreement shall be effective from 12

January 1, 2019, through and including December 31, 2020. 13

14


________________________________________


________________________________________



_________________________________


Attachments: A. Agreement between King County and King County Juvenile Detention Guild Juvenile Detention Division Employees


King County Juvenile Detention Guild - Department of Adult & Juvenile Detention - Juvenile DetentionJanuary 1, 2019 through December 31, 2020296C0120Table of Contents

Attachment A


King County Juvenile Detention Guild - Department of Adult & Juvenile Detention - Juvenile DetentionJanuary 1, 2019 through December 31, 2020296C0120Page 1

Purpose:

Labor-Management Committee:


King County Juvenile Detention Guild - Department of Adult & Juvenile Detention - Juvenile DetentionJanuary 1, 2019 through December 31, 2020296C0120Page 2Metropolitan King County Council May 26, 2020 71


Recognition:

New Hires:

Employee Information:

Membership Dues, Fees, and Assessments:

Revocation of Membership and Cessation of Dues, Fees, and Assessment

Deductions:



Indemnification:

Union Release Time:

Loudermill

Guild Leave Bank:



Just Cause Standard:

Disciplinary Action:

Personnel Files:



Class Specifications:



Right to Representation:

Mileage:

Personal Property

Subcontracting:

Safety Standards:

Reclassified Positions:



Holiday Date Celebrated



Personal Holidays:

Holiday Compensation:



Holiday Staffing Levels:



Vacation Scheduling Procedure:



Maximum Vacation Balance:

Leave Increments:



Leave Cancellation:



Donation of Leaves:

Leave - Organ Donors:

Bereavement Leave:

Leave - Examinations:



Jury Duty:

Leave for Volunteer Service:

Workers’ Compensation – Industrial Insurance:

State Paid Family and Medical Leave:



Standard Work Period:

Meal and Rest Periods:

Employees Eligible to Work a Seventy-Two (72) Hour Work Period:



Overtime:

Compensatory Time:



Call-outs:

Mandatory Training or Mandatory Meetings:



Mandatory Overtime:

Release from Mandatory Overtime.

Mandatory Overtime Passes

Shift Trade:



Daylight Savings Adjustment:

Cancellation of Scheduled Voluntary Overtime:



Definitions:

Duration:

Posting:

Pay:



FLSA Status Change:



Working Out-of-Classification:



Seniority Calculation:



Re-call Rights:

Cash Out Upon Layoff:



Statement of Purpose:

Definitions and Conditions:

Grievance Steps:



Arbitration:



Timelines and Forfeiture:

Alternative Dispute Resolutions



Shift and Furlough Bids:

Bid Process:

General Provisions:



Hiring Decisions Not Grievable:



No Work Stoppages:

Guild’s Responsibilities:

Disciplinary Action:



Overtime:



Guild Leave Of Absence:

Facilities:

Electronic Devices:

Bulletin Boards:



Pay Ranges:

Step Increases:

Wages:

FTO Program:

Shift Differential:



Education Incentive Pay:



Language Premium:

Training:

Educational

Reimbursement:

Transitional Duty and Accommodations:

Probationary Period:



Tardiness:

Uniform Voucher:

Code of Conduct:

Food Stipend/Voucher Transport Assignment:

Break Areas and Provisions:

Severe Inclement Weather or Unanticipated Events:


cba Code: 296 ADDENDUM AKing County Juvenile Detention Guild

Department of Adult and Juvenile DetentionJuvenile Detention Division Employees

Union Code: Q3

Job ClassCode

PeopleSoftJob Code Classification Title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Step 9 Step 10

4200100 421108 Administrative Office Assistant $18.7915 $19.6683 $20.1274 $20.5985 $21.0816 $21.5773 $22.0844 $22.6045 $23.1376 $23.68424201100 421212 Administrative Specialist I $20.6098 $21.5773 $22.0844 $22.6045 $23.1376 $23.6842 $24.2444 $24.8188 $25.4072 $26.01074201200 421316 Administrative Specialist II $22.6171 $23.6842 $24.2444 $24.8188 $25.4072 $26.0107 $26.6292 $27.2631 $27.9121 $28.57874201300 421408 Administrative Specialist III $24.8325 $26.0107 $26.6292 $27.2631 $27.9121 $28.5787 $29.2607 $29.9608 $30.6776 $31.41305212100 521301 Community Corrections Placement Specialist $33.6163 $35.2316 $36.0796 $36.9496 $37.8416 $38.7548 $39.6907 $40.6497 $41.6344 $42.64295210200 521102 Community Surveillance Officer $27.8241 $29.1503 $29.8459 $30.5601 $31.2912 $32.0412 $32.8097 $33.5974 $34.4044 $35.23165213100 521401 Detention Officer $27.8241 $29.1503 $29.8459 $30.5601 $31.2912 $32.0412 $32.8097 $33.5974 $34.4044 $35.23163419100 341002 Medical Assisstant $22.6113 $23.6745 $24.2321 $24.8035 $25.3894 $25.9900 $26.6057 $27.2366 $27.8835 $28.54652211200 221604 Inventory Purchasing Specialist II $27.9284 $29.2607 $29.9608 $30.6776 $31.4130 $32.1663 $32.9386 $33.7297 $34.5408 $35.37229502100 951101 Juvenile Facility Cook - Helper $17.5416 $18.3548 $18.7814 $19.2193 $19.6683 $20.1274 $20.5985 $21.0816 $21.5773 $22.08449502200 951201 Juvenile Facility Cook/Baker $24.2588 $25.4072 $26.0107 $26.6292 $27.2631 $27.9121 $28.5787 $29.2607 $29.9608 $30.67769502300 951301 Juvenile Facility Cook/Baker - Lead $26.6443 $27.9121 $28.5787 $29.2607 $29.9608 $30.6776 $31.4130 $32.1663 $32.9386 $33.72975217100 521701 Orientation and Assessment Specialist $33.6163 $35.2316 $36.0796 $36.9496 $37.8416 $38.7548 $39.6907 $40.6497 $41.6344 $42.6429

2441200 243225 Project Program Manager II (Restorative Justice Coordinator) $37.6753 $39.4815 $40.4186 $41.3782 $42.3609 $43.3672 $44.3975 $45.4526 $46.5331 $47.6395

3500200 351203 Recreation Coordinator $30.5764 $32.0412 $32.8097 $33.5974 $34.4044 $35.2316 $36.0796 $36.9496 $37.8416 $38.75485245100 524702 Training Coordinator $33.6163 $35.2316 $36.0796 $36.9496 $37.8416 $38.7548 $39.6907 $40.6497 $41.6344 $42.64295242200 524210 Volunteer Coordinator $35.3931 $37.0997 $37.9949 $38.9125 $39.8527 $40.8181 $41.8068 $42.8191 $43.8578 $44.9227

2019 Wage Rates (+3.75%)

296W0120 Page 1Metropolitan King County Council May 26, 2020 125



Union Code: Q3

Job ClassCode





1/1/2020 Wage Rates (+1.50%)




Union Code: Q3

Job ClassCode





7/1/2020 Wage Rates (+1.50% )


Office of Labor Relations Staff Report Collective Bargaining Agreement

Between King County

And King County Juvenile Detention Guild

296OLRStaffReport0120

SUBJECT: The proposed Ordinance would approve and adopt a Collective Bargaining Agreement between King County and the King County Juvenile Detention Guild (KCJDG), representing approximately 110 employees in the Department of Adult and Juvenile Detention (DAJD), providing for their wages, hours and other terms and conditions of employment, and establishing the effective date of said agreement.

CBA Description: King County and KCJDG representing Juvenile Detention Officers and other Juvenile Division staff in DAJD [296]

County Spokesperson: Diana Watkins, Labor Relations Negotiator, Office of Labor Relations

Union Spokesperson: Jason Smith, President, KCJDG UNIT OVERVIEW: The KCJDG bargaining unit includes approximately 80 current Juvenile Detention Officers and 30 other employees who work in the Juvenile Division of DAJD. These employees staff the new Children and Family Justice Center. BARGAINING HISTORY: This bargaining unit’s previous CBA1 was a two-year contract which expired at the end of 2018. Negotiation of the successor CBA began in October of that year. After a year of negotiation, the King County and KCJDG had reached tentative agreements on most contract articles, but remained in disagreement about compensation, leave use, and other key provisions. In December of 2019, the parties jointly requested mediation, and reached tentative agreement on all provisions on February 4, 2020. KCJDG notified the County that its members had ratified the agreement on March 25, 2020. SUMMARY OF KEY CHANGES:

1. Contract Term: January 1, 2019, through and including December 31, 2020.

1 Ordinance 18843, approved December 10, 2018



2. Compensation Changes:

a. General Wages Increases (GWI): The GWIs raised the starting wage rate for a Juvenile Detention Officer from $26.82, in 2018, to $28.67 as of July 1, 2020, which is expected to aid in recruitment when combined with DAJD’s other hiring incentives.

• 2019 – 3.75% • 2020 – 1.5% on January 1, and 1.5% on July 1

b. Shift Differential: Shift Differential was increased from 1% to 2%, prospective following ratification by KCJDG, but redefines and clarifies eligibility based on hours (not shifts) and assignment to a 24/7 work schedule.

3. Additional Changes:

a. Compensatory Time Limits – A key provision of the CBA is a new annual cap on the accrual of compensatory time, which is projected to significantly contribute to the reduction of mandatory overtime (MOT) by increasing available working hours. The prior contract provision had a replenishable cap of 80 hours of compensatory time, while the new CBA provision is a non-replenishable annual cap of 80 hours, with cash out of unused compensatory time at the end of each year. A previous limit on compensatory time accrual of one hour for every two hours worked was removed.

b. Vacation Scheduling and Cancellation – The timeline for annual vacation bids was revised to more closely align with shift bidding, for efficiency and accuracy. Required notice for cancellation of leave was increased to allow the Division to plan backfill coverage, and require less last-minute MOT. Compensatory time off can no longer be used in lieu of approved vacation leave, which will reduce the administrative burden of changes, and provide more bidding opportunities for less-senior employees.

c. Vacation Carryover Limit – Employees hired after December 31, 2019, will be limited to a 40-day (320 hour) carryover limit, to align with the Master Labor Agreement and revised King County Code.

d. Standardized Special Duty and Work Out of Class – These provisions had significant revisions to more closely align pay and practices with the Master Labor Agreement and revised King County Code.

e. Floating Holiday Alignment – The timeline for allocation of floating holidays was changed to align with the Master Labor Agreement and revised King County Code.

f. No Reversion of Donated Leaves – This agreement now aligns with provisions under the Master Labor Agreement, and the revised King County Code.



FISCAL IMPACT: The fiscal impact of the Agreement is detailed in the Executive’s Fiscal Note for the proposed ordinance. ATTACHMENTS: 1. Proposed Ordinance 2020-XXXX (and its attachments) 2. Interest Arbitration Award 3. Transmittal Letter 4. Checklist and Summary of Changes 5. Fiscal Note for PO 2020-XXXX (CBA) 6. Contract Consistency with Adopted Labor Policies


May 4, 2020 The Honorable Claudia Balducci Chair, King County Council Room 1200 C O U R T H O U S E Dear Councilmember Balducci: This letter transmits a proposed ordinance that would, if enacted, ratify a collective bargaining agreement (CBA) with the King County Juvenile Detention Guild (KCJDG) for the contractual period of January 1, 2019, through December 31, 2020. Adoption of this proposed ordinance will enable King County and the Department of Adult and Juvenile Detention (DAJD), Juvenile Division to implement negotiated wages, hours and working conditions for employees who provide essential detention services for King County. The negotiated CBA, which has been ratified by the bargaining unit, covers Detention Officers, Community Surveillance Officers, and other employees who support juvenile services at the new Children and Family Justice Center (CFJC). These employees are highly valued for their role in providing a safe and secure environment for youth while they are engaged with King County’s criminal legal system. This agreement creates substantial improvements in DAJD’s ability to manage staffing resources efficiently, with the goal of reducing mandatory overtime. A new annual limit on the accrual and use of compensatory time will increase available work hours for existing staff and reduce the number of vacant shifts which require backfill/mandatory overtime. This negotiated CBA also increases the length of time for the required notice of cancellation of leave, allowing more time for advanced scheduling which will reduce the need for unplanned mandatory overtime. The negotiated CBA increases alignment of several key provisions with other of DAJD CBAs, the King County Master Labor Agreement, and revised King County Code provisions. It reduces the annual vacation carryover limit for new employees to 320 hours, moves the awarding of personal holiday hours to January, ends the reversion of donated leaves, standardizes provisions for work out of class and special duty assignments, and clarifies payroll-related language.


The Honorable Claudia Balducci May 4, 2020 Page 2 This agreement includes general wage increases of 3.75 percent in 2019 and 1.5 percent in January 2020 plus 1.5 percent in July 2020, which is consistent with the MLA agreement increases for 2020. These wage increases are expected to aid in recruiting, while staying consistent with wage increases for other County bargaining units during the same period. The agreement also provides a 1 percent increase in the shift differential premium and clarifies the eligibility requirements. Ratification of the negotiated CBA advances the King County Strategic Plan’s guiding principles and goals of providing financially sustainable and efficient government services by advancing consistent and standard labor practices. No supplemental budget authority is being requested for implementation of this CBA. A complete breakdown of the costs associated with this CBA can be found in the accompanying fiscal note, which has been reviewed by the Office of Performance, Strategy, and Budget. Thank you for your consideration of this proposed ordinance, which will help maintain continuity of juvenile detention services and improve our use of resources in the CFJC. The CBA will help to improve the Department’s ability to manage its staffing resources in a cost-effective manner. The agreement is the product of a great deal of good work by King County and the KCJDG to achieve a final agreement. If your staff have questions, please contact Megan Pedersen, Director, Office of Labor Relations, at 206-263-2898. Sincerely, Dow Constantine King County Executive Enclosure cc: King County Councilmembers ATTN: Carolyn Busch, Chief of Staff Melani Pedroza, Clerk of the Council Shannon Braddock, Deputy Chief of Staff, Office of the Executive Karan Gill, Director, Council Relations, Office of the Executive Dwight Dively, Director, Office of Performance, Strategy and Budget Megan Pedersen, Director, Office of Labor Relations bcc: Dennis Folk, President, King County Corrections Guild


296F0120

FISCAL NOTE Ordinance/Motion No. Collective Bargaining Agreement Title: King County Juvenile Detention Guild (Department of Adult and Juvenile

Detention - Juvenile Detention) Effective Date: 1/1/2019 to 12/31/2020 Affected Agency and/or Agencies: Department of Adult and Juvenile Detention - Juvenile Detention Note Prepared by: Matthew McCoy, Labor Relations Negotiator, Office of

Labor Relations Phone: 263-1966

Department Sign Off: Tami Schackman, Chief Financial Officer, DAJD Phone: 263-1558 Supplemental Required? NO X YES

Note Reviewed by: Andrew Bauck, Budget Analyst

Phone: 263-9771

EXPENDITURES FROM:

Fund Title Fund Code

Department 2019 2020 2021

CX 10 DAJD $379,000 $288,000 $78,000 TOTAL: Increase FM previous year $379,000 $288,000 $78,000 TOTAL: Cumulative 379,000 $667,000 $745,000

EXPENDITURE BY CATEGORIES:

Expense Type

Fund Code

Department 2018 Base 2019 2020 2021

Salaries 10 DAJD $6,565,000 $246,000 $196,000 $51,000 OT $1,828,000 $69,000 $43,000 $14,000 PERS & FICA $1,708,000 $64,000 $49,000 $13,000 TOTAL $10,101,000

TOTAL: Increase FM previous year $379,000 $288,000 $78,000 TOTAL: Cumulative 379,000 $667,000 $745,000

ASSUMPTIONS:

Assumptions used in estimating expenditure include: 1. Contract Period(s): 1/1/19 to 12/31/20 2. Wage Adjustments & Effective Dates: COLA: 3.75% on 1/1/2019;

1.50% on 1/1/2020 1.50% 0n 7/1/2020

Other: Prospective increase in shift differential from 1% to 2% (approximately $45k annually)

Retro/Lump Sum Payment: 3. Other Wage-Related Factors: The split GWI in 2020 (1.5% + 1.5%) produces savings in 2020, the costs identified

in 2021, reflect the full costs of a 3% GWI beyond 2020. Step Increase Movement: Provisions unchanged. PERS/FICA: Payroll taxes assumed to be 20.35% Overtime: Projected using 2018 totals. 4. Other Cost Factors:


296S0120

Checklist and Summary of Changes for the attached Collective Bargaining Agreement

Name of Agreement King County Juvenile Detention Guild (Department of Adult & Juvenile Detention, Juvenile Division) Collective Bargaining Agreement 2019-2020 Labor Negotiator Diana Watkins

Prosecuting Attorney’s Review Y Legislative Review Form; Motion or Ordinance Y Executive Letter Y Fiscal Note Y Six Point Summary Y King County Council Adopted Labor Policies Consistency Y Ordinance Y Original Signed Agreement(s) Y Does transmittal include MOU/MOA? N/A

Six Point Summary of changes to the attached agreement: 1. Wages of 3.75% for 2019, and 1.5%/1.5% (January/July) for 2020. Shift differential

increase from 1% to 2%, but with new eligibility limits. 2. Annual Compensatory Time limit of 80 hours total (accrual and use), and cash out at

end of year. 3. 72-hour notice required to cancel annually bid leave, and Compensatory Time off

may not be used for approved vacation leave. 4. Employees hired after Dec. 31, 2019, limited to 320-hour vacation carryover. 5. Changes to Special Duty and Work Out of Class pay and practices to align with rest

of County workforce. 6. No reversion of donated leave, and floating holidays issued in January to align with

rest of County workforce.


Contract Consistency with Adopted Labor Policies Contract: King County Juvenile Detention Guild (Department of

Adult & Juvenile Detention, Juvenile Division) Collective Bargaining Agreement 2019-2020 [296]

296P0120 Page 1

County Department(s): Department of Adult and Juvenile Detention Term of Contract: January 1, 2019-December 31, 2020 County Negotiator: Diana Watkins

Labor Policy Is Contract Consistent with Adopted Labor Policies? If not, please explain.

Contract Consolidation Y Diversity Y Project Labor Agreements N/A Performance Evaluations NA Continuous Improvement Y Labor-Management Committees Y Labor-Management Partnerships

Y

Mediation Y Binding Interest Arbitration Y Interest-based Bargaining Y Compensation Y Overtime Y Benefits Y Reduction-in-Force Y Contracting Out of Work Y Use of Temporary and Part-time Employees

NA

Civilian Oversight of Sheriff’s Office

NA

Sheriff’s Office Implementation of Report Recommendations

NA

Legislative Branch Employees and Officials

NA


KING COUNTY

Signature Report


Ordinance


1

AN ORDINANCE approving and adopting the collective 1

bargaining agreement negotiated by and between King 2

County and International Brotherhood of Electrical 3

Workers, Local 77 (Metro Transit Department) 4

representing employees in the Metro transit department; 5

and establishing the effective date of the agreement. 6


SECTION 1. The collective bargaining agreement negotiated by and between 8

King County and International Brotherhood of Electrical Workers, Local 77 (Metro 9

Transit Department) representing employees in the Metro transit department, which is 10

Attachment A to this ordinance, is hereby approved and adopted by this reference made a 11

part hereof.12


Ordinance

2

SECTION 2. Terms and conditions of the agreement shall be effective from 13

January 1, 2019, through and including December 31, 2022. 14

15


________________________________________


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Attachments: A. Agreement By and Between King County and International Brotherhood of Electrical Workers, Local 77


International Brotherhood of Electrical Workers, Local 77 - Department of Transportation, TransitJanuary 1, 2019 to December 31, 2022101C0120Table of Contents

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AGREEMENT BY AND BETWEENKING COUNTY

ANDINTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS,

LOCAL 77

TABLE OF CONTENTS

PURPOSE OF THIS AGREEMENT..............................................................................................1NON-DISCRIMINATION..............................................................................................................1ARTICLE 1: SCOPE OF AGREEMENT ................................................................................1ARTICLE 2: EMPLOYMENT AND JOB POSTING.............................................................1ARTICLE 3: UNION RECOGNITION AND MEMBERSHIP ..............................................2ARTICLE 4: JOINT LABOR MANAGEMENT.....................................................................3ARTICLE 5: GRIEVANCE PROCEDURE ............................................................................4ARTICLE 6: HOLIDAYS........................................................................................................8ARTICLE 7: VACATIONS .....................................................................................................9ARTICLE 8: SICK LEAVE ...................................................................................................12ARTICLE 9: DONATED LEAVES.......................................................................................17ARTICLE 10: OTHER LEAVES.............................................................................................18ARTICLE 11: INDUSTRIAL ILLNESS OR INJURY............................................................22ARTICLE 12: LEAVE OF ABSCENSE..................................................................................22ARTICLE 13: HOURS OF WORK .........................................................................................23ARTICLE 14: WAGE RATES.................................................................................................24ARTICLE 15: MEAL PERIODS .............................................................................................29ARTICLE 16: GENERAL AND MISCELLANEOUS............................................................30ARTICLE 17: APPRENTICSHIPS..........................................................................................33ARTICLE 18: TERM LIMITED TEMPORARY (TLT) EMPLOYEES.................................36ARTICLE 19: WORK RULES ................................................................................................37ARTICLE 20: SAVING CLAUSE...........................................................................................44ARTICLE 21: WORK STOPPAGE.........................................................................................44ARTICLE 22: PERFORMANCE EVALUATIONS................................................................44ARTICLE 23: MEDICAL, DENTAL & LIFE INSURANCE.................................................44ARTICLE 24: RECLASSIFICATION AND RESULTING PAY...........................................44ARTICLE 25: TERM OF AGREEMENT ...............................................................................48ADDENDUM A: WAGES

Attachment A


International Brotherhood of Electrical Workers, Local 77 - Department of Transportation, TransitJanuary 1, 2019 to December 31, 2022101C0120Page 1

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AGREEMENT

By and Between

KING COUNTY

and

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 77

This Agreement is made and entered into by and between King County (“County”), its

successors and assigns, and the International Brotherhood of Electrical Workers, Local Union No. 77,

(“Union”); the Union being recognized as the representative of employees occupying classifications

as set forth under Addendum “A”.

PURPOSE OF THIS AGREEMENT

The County and the Union recognize that harmonious relations should be maintained between

the parties and with the public. The County, the Union, and the public have a common and

sympathetic interest in the progress of the electrical industry. All will benefit by continuous labor

peace and by adjusting any difference which may arise by rational common-sense methods.

Therefore, the County and the Union hereby agree to establish and adhere to the consultative

procedure set forth within, and to maintain a relationship consistent with the principles set forth

within.

NON-DISCRIMINATION

The County and the Union will not unlawfully discriminate in the interpretation and/or

application of this Agreement based on race, creed, color, religion, national origin, age, marital status,

sexual orientation, sex, disability or union status.

ARTICLE 1: SCOPE OF AGREEMENT

This Agreement is applicable to employees of the County occupying classifications as set

forth under Addendum “A” and working in the Metro Transit Department.

ARTICLE 2: EMPLOYMENT AND JOB POSTINGS

2.1. The County shall select all employees in accordance with the Merit System. When the

County has openings in this bargaining unit, the Union will be so notified in writing and invited to



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refer qualified applicants within five (5) working days of such notice. Such notice shall stipulate

classification and special skills, if any, and other needs, if any. After five (5) working days the

County may seek additional applicants through its Human Resources Division.

2.2. Employees are encouraged to seek advancement within their specific work units, as well

as within the County as a whole.

2.3. Term Limited Temporary (TLT) position postings will also be posted as Special Duty

Assignment (SDA) opportunities.

2.4. Internal Regular and TLT employees that are represented by the Union and who meet a

positions’ minimum qualifications and pass any required test for the position will be given a first-

round interview, either by phone or in person, whichever is applicable in the process.

ARTICLE 3: UNION RECOGNITION AND MEMBERSHIP

3.1. Recognition. The County recognizes the Union as the sole collective bargaining

representative of all employees whose job classifications are listed in Addendum A, which by this

reference is made a part of this Agreement, or in new or added classifications where the employees

perform substantially similar work as the present job classifications.

3.2. Union Dues. The Union will notify the County of its dues and fees and all changes

thereto.

3.3. Dues Deduction. Upon receipt of written authorization individually signed by a

bargaining unit employee, the County shall have deducted from the pay of such employee the amount

of dues and fees as certified by the secretary of the Union and shall transmit the same to the treasurer

of the Union.

3.4. Revocation of Dues Deduction Authorization. An employee may submit a request to

stop payroll union dues and fees deductions by providing written notice to the King County Benefit,

Payroll, and Retirement Operations Division or designee. The County will forward a copy of the

employee’s written request to the Union within five (5) business days of receipt.

3.5. Indemnification and Hold Harmless. The Union agrees to indemnify and hold the

County harmless against any liability which may arise by reason of any action taken by the County to

comply with the provisions of this Article, including for any legal fees or expenses incurred in



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connection with such action. The County will promptly notify the Union in writing of any claim,

demand, suit or other form of liability asserted against it relating to its implementation of this Article.

The Union agrees to refund to the County any amounts paid to it in error on account of the check-off

of union dues or fees upon presentation of proper evidence thereof.

3.6. Union Notification – The County will supply the Union with the following information

within five (5) working days of a new employee’s hire date or new union eligibility:

1. First and last name

2. Home address

3. Home phone number (if the member wants to provide it)

4. Work e-mail address

5. Job classification/title

6. Department

7. Division

8. Work location

9. Date of hire

10. Hourly or salary pay status

11. Rate of pay

12. FTE status

ARTICLE 4: JOINT LABOR MANAGEMENT

4.1. Purpose

The parties agree that a Joint Labor-Management Committee (JLMC) is established for each

King County Division that members of this bargaining unit are assigned to and is authorized,

consistent with applicable laws and the terms of this Agreement, to use principles of mutual gains

bargaining to interpret, apply, resolve issues and interests affecting Labor and/or Management

consistent with the following principles:

(1) To provide fair and reasonable rates of pay, hours, and working conditions

for the employees concerned with the operations of the County as covered by this Agreement;

(2) To ensure the making of appointments and promotions as provided under



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the merit system and this Agreement;

(3) To provide stability of employment and to establish satisfactory tenure;

(4) To provide for improvement programs designed to aid employees in

achieving their acknowledged and recognized objectives as outlined in this Agreement;

(5) To promote the highest degree of efficiency and responsibility in the

performance of the work and the accomplishment of the public purposes of the County;

(6) To resolve disputes arising between the County and the Union relating to

matters covered by this Agreement;

(7) To promote systematic labor/management cooperation between the County

and its employees.

The parties agree that a joint meeting of both JLMCs may be convened by the parties two (2)

times per year.

4.2. The JLMC does not waive or diminish management rights and does not waive or

diminish Union rights of grievance or bargaining. The JLMC is authorized to bargain an issue

including a specific provision contained in this Agreement only if the parties’ authorized bargaining

agents are present when bargaining. The parties recognize that the JLMC may not be able to resolve

every issue.

4.3. Meetings - The parties agree that each JLMC shall meet at least quarterly. The JLMC

shall be co-equal: there will be an approximately equal number of representatives from management

and the Union, except for individuals serving in a resource capacity.

4.4. JLMC agenda items will be determined by mutual agreement of committee members. A

maximum of four (4) union members will be released during normal work hours to attend a JLMC.

Off duty employees who attend a JLMC will not be paid by the County.

The parties agree that they will use the JLMC to disclose, discuss and attempt to resolve any

unfair labor practice (ULP) charge prior to filing a ULP charge.

ARTICLE 5: GRIEVANCE PROCEDURE

5.1. Purpose. The County and the Union recognize the importance and desirability of

settling grievances promptly and fairly in the interest of continued good employee relations and



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morale. In furtherance of this objective, the County and the Union will extend every effort to settle

grievances at the lowest possible level of supervision.

5.2. No Discrimination. Employees will be unimpeded and free from restraint, interference,

coercion, discrimination or reprisal in seeking adjudication of their grievances.

5.3. Grievance Definition. A grievance is defined as an allegation by either party to this

Agreement that a violation of one or more terms of this Agreement has occurred.

A. Exclusive Representative – If employees also have access to the Personnel Board

for adjudicating disciplinary or reclassification grievances. Selection by the employee of one

procedure will preclude access to other procedures. If the employee chooses to access the Personnel

Board for the adjudication of disciplinary or reclassification issues, this decision shall waive the

union’s legal obligations for representation, unless mutually agreed otherwise. Copies of all written

reprimands, suspensions, disciplinary demotions or discharges shall concurrently be forwarded to the

Union.

5.4. Access to Grievance Procedure. Though employees will have no independent

unilateral privilege or right to invoke the grievance procedure, an employee’s complaint may be

presented to his/her supervisor. If the issue is not resolved, it may be referred to STEP 1.

STEP 1 - Supervisor/designee - A grievance must be presented in writing by the shop

steward or the Union representative within thirty (30) calendar days of the occurrence or

employee/union knowledge of such grievance. The grievance shall be presented to the employee’s

supervisor or designee and will describe the event or circumstances being grieved, the provision(s) of

the Agreement(s) that have allegedly been violated and the remedy sought.

(1.) The supervisor/designee will meet with the employee and Union to

discuss the grievance within fifteen (15) calendar days of the receipt of the STEP 1 grievance.

(2.) The supervisor/designee will issue a written decision to the employee and

the Union within fifteen (15) calendar days following the discussion.

(3.) If the Union does not pursue the grievance to STEP 2 within fifteen (15)

calendar days after receiving the supervisor/designee’s written decision, the grievance will be

precluded from further appeal.



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STEP 2 - Division or Agency Director/designee, or Department Director (if no

Division Director) - The grievance will be presented in writing to the Division or Agency Director for

investigation, discussion, and written reply.

(1.) The Division or Agency Director/designee (or Department Director) will

meet with the employee and Union to discuss the grievance within fifteen (15) calendar days of the

receipt of the STEP 2 grievance.

(2.) The Division or Agency Director/designee (or Department Director) will

issue a written decision to the employee and the Union within fifteen (15) calendar days following

the discussion.

(3.) If the Union does not pursue the grievance to STEP 3 within fifteen (15)

calendar days after receiving the Division or Agency Director’s/designee’s (or Department Director)

written decision, the grievance will be precluded from further appeal.

STEP 3 - Director of Office of Labor Relations/Labor Negotiator

(1.) The Director or Labor Negotiator will meet and/or discuss the grievance

with the Union within fifteen (15) calendar days of the receipt of the STEP 3 grievance.

(2.) The Director or Labor Negotiator will issue a written decision to the

employee and the Union within fifteen (15) calendar days following the discussion.

(3.) If the Union does not pursue the grievance to STEP 4 - Arbitration within

fifteen (15) calendar days after receiving the Director or Labor Negotiator’s written decision, the

grievance will be precluded from further appeal.

STEP 4 - Arbitration - Should the decision of the Director or Labor Negotiator at

STEP 3 not resolve the matter, the parties may arbitrate the dispute utilizing the process set forth

below.

(1.) Selection Process. The representatives for the parties will select a third

disinterested party to serve as an arbitrator. In the event that the parties are unable to agree upon a

third party to serve as an arbitrator, then the arbitrator will be selected from a panel of eleven (11)

names furnished by Public Employment Relations Commission (PERC) or Federal Mediation and

Conciliation Services (FMCS). The arbitrator will be selected from the list by both the County



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representative and the Union representative each alternately striking a name from the list until only

one name remains. Both parties will participate in a coin toss to determine who goes first for the

arbitrator strike process. The remaining name will serve as the arbitrator. The arbitrator’s decision

will be final and binding upon all parties to the dispute.

(2.) Arbitrator’s Authority Limited. The arbitrator will have no power to

add to, subtract from, disregard, modify or otherwise alter any terms of this Agreement, or to

negotiate new agreements, but will have the power only to apply and interpret the provisions of this

Agreement in reaching a decision.

(3.) Arbitration Expenses. The arbitrator’s fee and expenses will be paid

equally by the County and the Union. The court reporter’s fee and expenses, if mutually agreed upon

in advance, will be paid equally by the County and the Union. Each party will pay the full costs and

fees of its representatives, including attorneys’ fees and the expenses of any witnesses appearing on

its own behalf, regardless of the outcome of the arbitration and regardless of the subject matter of the

dispute. Adverse County employee witnesses will be granted time off using their own paid leave

whenever operationally feasible, with advance notice.

(4.) Mediation. Any party, at any time, can request mediation as a form of

alternative dispute resolution. If both parties agree to mediate, an impartial mediator will be selected

by mutual agreement. Upon either party’s request, parties agree to mediate a dispute prior to moving

the grievance to arbitration.

(5.) Timelines. Timelines under this Article may be extended by mutual

agreement in writing, by the parties responsible for addressing the grievance at each step. Unless

mutually agreed between the parties responsible for addressing the grievance at each step no

grievance step may be bypassed. If the calendar day falls on a Saturday, Sunday, County recognized

holiday or on a day the Division/Agency’s Office is closed for business, the next following normal

day of business will be considered the final calendar day.

(6.) Grievances of Disciplinary Action. Regular employees are subject to a

just cause standard for discipline.

(1) No verbal or written performance or counseling documents shall



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be considered discipline that may be appealed to any level of this process.

(2) Disciplinary oral reprimands that have been reduced to writing and

disciplinary written reprimands shall enter the grievance process at STEP 1.

(3) Grievances of disciplinary action involving suspension, demotion,

or termination shall enter the grievance process at STEP 2.

(4) The provisions of this Article will not apply to probationary,

temporary, provisional and term-limited temporary employees if they are disciplined or discharged

because said employees are “at will” and not covered by the “just cause” requirement of this

Agreement.

ARTICLE 6: HOLIDAYS6.1. Holidays. All leave eligible employees shall be granted the following designated

holidays with pay:

HOLIDAYS

New Year’s Day January 1Martin Luther King Jr., Day Third Monday in JanuaryPresident’s Day Third Monday in FebruaryMemorial Day Last Monday in MayIndependence Day July 4Labor Day First Monday in SeptemberVeteran’s Day November 11Thanksgiving Day Fourth Thursday in NovemberDay after Thanksgiving Friday after ThanksgivingChristmas Day December 25

6.2. Day of Observance and Pay on Holidays. For holidays falling on a Saturday, the

Friday before shall be observed as the holiday. For holidays falling on a Sunday, the Monday

following shall be observed as the holiday.

An employee must be eligible for leave benefits and in a pay status on the scheduled workday

before and the scheduled workday following a holiday to be eligible for holiday pay. However, an

employee who has successfully completed at least five years of county service and who retires at the



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end of a month in which the last regularly scheduled working day is observed as a holiday, shall be

eligible for holiday pay if the employee is in a pay status the day before the day observed as a

holiday. For employees who work other than a 5/8 schedule and the holiday falls on their scheduled

day off, the employee will be given a deferred holiday. The employee and supervisor will jointly

select another day (preferably within the same pay period) to take as a holiday.

6.3. Two Personal Holidays. Effective January 1, 2018, leave eligible employees shall

receive two (2) personal holidays every year to be added to their vacation bank in the second full pay

period of the year or upon hire. In no event shall there be more than two (2) personal holidays

awarded per year.

ARTICLE 7: VACATIONS

7.1. Accrual Schedule - Regular and probationary employees (herein referred to as, “leave

eligible employees”) hired after May 22, 2002, who work a full-time schedule will accrue vacation

leave benefits as described below and further qualified by this section.

BeginningWithYear

EndingWithYear Months of Service Vacation Accrual Rate

Approximate Days Accrued Per Year

(based on 2080 hours)

0 5 000 thru 060 0.0462 X Basis Hours 12













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BeginningWithYear

EndingWithYear Months of Service Vacation Accrual Rate





26 99 301 and up 0.1154 X Basis Hours 30

7.1.1. Employees hired on or before May 22, 2002, are eligible for vacation as provided below. Accrual rates are effective January 1 of the year in which the service requirement is met:

Years of Service Vacation Accrual Rate



18 years of service 0.0885 X Basis Hours 23








7.1.2. Part-time Employees - Leave eligible employees who work a part-time

workweek schedule will accrue vacation leave in accordance with the vacation leave schedule set forth

in Sections 7.1 or 7.1.1, depending on the date of hire, prorated to reflect their normally scheduled

workday.

7.2. Vacation Accrual - Leave eligible employees will accrue vacation leave from their

date of hire in a leave eligible position.

7.3. Vacation Leave Cap

7.3.1. All Employees hired after 12/31/17 shall have their accrued vacation leave

balance capped at three hundred twenty (320) hours. This shall not apply to any employees including



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TLT’s, hired on or before 12/31/17, who shall retain their existing vacation cap of 480 hours.

7.3.2. Employees eligible for vacation leave who work a forty hour week may accrue

up to either 480 or 320 hours (depending on the employee’s hire date). Eligible part-time employees

will receive vacation leave, prorated to reflect their normally scheduled work week. Employees shall

use vacation leave beyond the maximum accrual amount prior to the end of the pay period that

contains December 31 of each year. Failure to use vacation leave beyond the maximum accrual

amount will result in forfeiture of the vacation leave beyond the maximum amount unless the

appointing authority has approved a carryover of the vacation leave because of cyclical workloads,

work assignment or other reasons as may be in the best interest of the County. The Human

Resources Director may authorize procedures for authorizing carryover above the maximum.

7.4. Vacation Eligibility - If a leave eligible employee leaves County employment prior to

successfully completing his/her initial six (6) months of County service, he/she will forfeit and not be

paid for accrued vacation leave. A leave eligible employee will be paid for accrued vacation leave to

his/her date of separation up to the vacation accrual cap if the employee has successfully completed

his/her initial six (6) months of County service in a leave eligible position. Payment will be the accrued

vacation leave multiplied by the employee’s rate in effect upon the date of leaving County employment,

less mandatory withholdings.

This vacation leave cash-out is subject to any determination by bargaining unit members to

have their funds placed in Voluntary Employee Beneficiary Association (VEBA) accounts upon

retirement as a result of length of service, as set forth in the King County Code. Such determination

is applicable to all members of the bargaining unit.

This section does not limit an employee’s use of accrued vacation leave for a qualifying event

under the Washington Family Care Act.

7.5. A leave eligible employee will not use or be paid for vacation leave until it has accrued and

such use or payment is consistent with the provisions of this Article.

7.6. Outside Employment - No employee will work for compensation directly for the County

in any capacity during the time that the employee is on vacation leave.

7.7. Partial Day Increments - Approved vacation leave may be used in one-quarter (1/4) hour



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increments.

7.8. Payment to Assigns and Heirs - In cases of separation from County employment by death

of an employee with accrued vacation leave and who has successfully completed his/her initial six (6)

months of County service in a leave eligible position, payment of unused vacation leave up to the

maximum accrual amount will be made to the employee’s estate, or, in applicable cases, as provided for

by State Law, RCW Title 11.

7.9. Vacation Scheduling - The manager/designee will be responsible for scheduling the

vacation of employees in such a manner as to achieve the greatest vacation opportunity for the

employees and not incur additional costs while maintaining the efficient functioning of the work unit.

7.10. Notification While on Paid Vacation - If a leave eligible employee is injured or

becomes ill while on paid vacation, in order to receive sick leave for that time, he/she must notify the

manager/designee on the first day of the injury or illness or as soon as practical, but not later than the

first day after returning to work, unless otherwise required by law. A health care provider’s

certification may be required as provided under Section 8.12.

7.11. Restoration following Separation - If an employee resigns from a full-time regular or

part-time regular position with the county in good standing or is laid off and subsequently returns to

county employment within two years from such resignation or lay off, as applicable, the employee’s

prior County service shall be counted in determining the vacation leave accrual rate.

ARTICLE 8: SICK LEAVE

8.1. Leave eligible employees shall accrue sick leave benefits at the rate of 0.04616 hours for

each hour in paid status excluding overtime up to a maximum of 3.6928 hours per biweekly pay

period (which is usually 96 hours per calendar year); except that if an hourly employee works in

excess of seventy-four (74) hours in one week, the employee shall accrue sick leave at the rate of 0.025

hours for each hour worked in excess of seventy-four (74) hours. Employees shall accrue sick leave

from their date of hire in a leave eligible position. The employee is not entitled to use sick leave until

it is earned. There shall be no limit to the number of sick leave hours accrued by an eligible

employee. During the first six months of service in a leave eligible position, employees eligible to

accrue vacation leave may, at the supervisor’s discretion, use accrued vacation days as an extension



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of sick leave. If an employee does not work a full six months, any vacation leave used for sick leave

must be reimbursed to the County upon termination. This reimbursement requirement does not apply

to employees using accrued vacation for a qualifying event under the Washington Family Care Act.

8.2. Separation from or termination of County employment except by reason of retirement or

layoff due to lack of work, funds, efficiency reasons or separation for medical reasons, shall cancel

all sick leave accrued to the employee as of the date of separation or termination. Should the

employee resign, in good standing, be separated for medical reasons or be laid off and return to

County employment in a leave eligible position within two years, accrued sick leave shall be restored,

but such restoration shall not apply where the former employment was in a term-limited position.

8.3. Employees eligible to accrue leave and who have successfully completed at least five

years of County service and who retire as a result of length of service or who terminate by reason of

death shall be paid, or their estates paid for as provided for by RCW Title 11, as applicable, an

amount equal to 35% of their unused, accumulated sick leave multiplied by the employee’s hourly

rate of pay in effect upon the date of leaving County employment, less mandatory withholdings. If a

retiree is rehired, the employee is not entitled to have the un-cashed out 65% of his or her former sick

leave balance reinstated.

Retirement as a result of length of service means an employee is eligible, applies for and

begins drawing a pension from PERS, PSERS or the City of Seattle Retirement Plan immediately

upon terminating County employment.

8.4. An employee must use all of his or her sick leave before taking unpaid leave for his or

her own health reasons. An employee who has exhausted all of his or her sick leave may use accrued

vacation leave before going on a leave of absence without pay, if approved by his or her appointing

authority. If the injury or illness is compensable under the County’s workers compensation program,

then the employee has the option to augment or not augment wage replacement payments with the

use of accrued sick leave.

8.5. When sick leave is taken to care for a family member, the employee shall choose at the

start of the leave whether the particular leave will be paid or unpaid; but when an employee chooses

to take paid leave for family reasons, he or she may set aside a reserve of up to 80 hours of accrued



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sick leave.

8.6. Accrued sick leave may only be used for the following reasons:

A. An absence:

1. resulting from the employee’s mental or physical illness, injury, or health

condition;

2. to accommodate the employee’s need for medical diagnosis, care or

treatment of a mental or physical illness, injury or health condition; or

3. for the employee’s need for preventive medical care;

B. Accrued sick leave may only be used for the following reason. To allow the

employee to provide care:

1. for a family member with a mental or physical illness, injury or health

condition;

2. for a family member who needs medical diagnosis, care or treatment of a

mental or physical illness, injury or health condition; or

3. for a family member who needs preventive medical care;

C. When a King County facility is closed by order of public official for any health-

related reason, or when an employee’s child’s school or place of care is closed by order of a public

official for a health-related reason;

D. For absences that qualify for leave under the domestic violence leave act, chapter

49.76 RCW; and

E. For family and medical leave available under federal law, state law or King County

ordinance.

F. For purposes of sick leave, “family member” means any of the following:

1. A child, including a biological, adopted or foster child, a stepchild or a child

to whom the employee stands in loco parentis, is a legal guardian or is a de facto parent, regardless of

age or dependency status, or the child of the employee’s domestic partner;

2. The parent of an employee, employee’s spouse or employee’s domestic

partner. Parent includes:



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(a) a biological parent;

(b) an adoptive parent;

(c) a de facto parent;

(d) a foster parent;

(e) a stepparent;

(f) a legal guardian; or

(g) a person who stood or stands in loco parentis to the employee,

employee’s spouse or employee’s domestic partner.

3. A spouse;

4. A domestic partner;

5. A grandparent;

6. A grandchild; or

7. A sibling.

G. The employee’s incapacitating injury, provided that:

1. An employee injured on the job may not simultaneously collect sick leave

and worker’s compensation payments in a total amount greater than the net regular pay of the

employee;

2. An employee may not collect sick leave for physical incapacity due to any

injury or occupational illness which is directly traceable to employment other than with the County.

8.7. Failure to return to work by the expiration date of a leave of absence may be cause for

removal and result in termination of the employee from County service.

8.8. Federal Family and Medical Leave Act:

A. As provided for in the Federal Family and Medical Leave Act (FMLA) of 1993, an

eligible employee may take up to twelve (12) weeks of paid or unpaid leave in a single twelve month

period for the employee’s own qualifying serious health condition that makes the employee unable to

perform their job, to care for the employee’s spouse, child, or parent who has a qualifying serious

health condition, to bond with a newborn child, adoption or foster care placement (leave must be

taken within one year of the child’s birth or placement), or for qualifying exigencies related to the



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foreign deployment of a military member who is the employee’s spouse, child or parent. An eligible

employee who is a covered service member’s spouse, child, parent, or next of kin may take up to

twenty-six weeks of paid or unpaid FMLA leave in a single twelve month period to care for the

service member with a serious injury or illness.

B. The leave may be continuous or intermittent, when medically necessary.

Intermittent and/or reduced schedule leave to care for a newborn or newly placed adopted or foster

care child may only be taken when approved.

C. In order to be eligible for FMLA, an employee must have been employed by King

County for at least twelve months and have worked at least 1,250 hours in the twelve month period

prior to the commencement of leave.

8.9. King County Family and Medical Leave:

A. As provided by King County Code, an eligible employee may take up to eighteen

(18) weeks of paid or unpaid King County Family and Medical Leave (KCFML) in a single twelve

month period for the employee’s own qualifying serious health condition, to care for an eligible

family member who has a qualifying serious health condition, to bond with a newborn child, adopted

child or foster care placement (leave must be taken within one year of the child’s birth or placement),

and for any qualifying reason under the Federal Family and Medical Leave Act, Washington State

Family Leave Act, or other family and medical leaves available under federal or state law.

B. The leave may be continuous or intermittent, when medically necessary.

Intermittent and/or reduced schedule leave to care for a newborn or newly placed adopted or foster

care child may only be taken when approved. King County Family and Medical Leave shall run

concurrently with other federal, state and county leaves to the extent allowed, including but not

limited to the Federal Family and Medical Leave Act, Washington State Family Leave Act, and the

Washington State Family Care Act.

C. In order to be eligible for leave under this Article, an employee must have been

employed by King County for at least twelve months and have worked at least 1,040 hours in the

preceding twelve month period for a forty-hour week employee or 910 hours in the preceding twelve

month period for a thirty-five hour week employee.



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D. An employee who returns from King County Family and Medical Leave within the

time provided under this Article is entitled to the same position she/he occupied when the leave

commenced or a position with equivalent pay, benefits and conditions of employment.

8.10. Failure of an employee to return to work by the expiration date of leave under this

Article may be cause for termination of the employee from county service.

8.11. Return to Work from Unpaid Leave - An employee who returns from unpaid family

or medical leave within the time provided in this Article is entitled the same seniority accrued before

the date on which leave commenced, subject to layoff provisions, to the following in ranked order:

A. The same position he/she held when the leave commenced; or

B. A position with equivalent status, benefits, pay and other terms and conditions of

employment.

8.12. Provider Certification - The manager/designee and employee are responsible for the

proper administration of the sick leave benefit. Verification from a licensed health care provider may

be reasonably required to substantiate the health condition of the employee or family member for

leave requests as allowed under Washington State Law.

8.12.1. Unless specifically instructed otherwise for the same injury or illness, the

employee shall promptly notify the appropriate work unit Superintendent or designee, by telephone

or otherwise, each day off due to illness. If an employee is on a special work shift, particularly where

a relief replacement is necessary if he/she is absent, he/she shall notify the appropriate work unit

Superintendent or designee as far in advance as possible of his/her scheduled time to report for work.

ARTICLE 9: DONATED LEAVES

9.1. No Solicitation. All donations of vacation and sick leave made under this Agreement

are strictly voluntary. Employees are prohibited from soliciting, offering, or receiving monetary or

any other compensation or benefits in exchange for donation of vacation or sick leave hours.

9.2 Vacation leave hours. An employee eligible for leave benefits may donate a portion of

his or her accrued vacation hours to another employee eligible for leave benefits. The donation will

occur following written approval from both the donating and receiving employee’s directors. The

number of hours donated cannot exceed the donor’s accrued vacation balance as of the date of the



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request. No donation of vacation hours shall be permitted where it would cause the employee

receiving the transfer to exceed his or her maximum annual vacation accrual.

9.3 Sick leave hours. An employee may donate a portion of his or her accrued sick leave to

another leave eligible employee provided the donating employee’s sick leave balance will be 100

hours or more following the donation. The donation will occur following written approval from both

the donating and receiving employee’s directors. An employee may not donate more than 25 hours

of accrued sick leave in a calendar year.

9.4 Calculation of Donated Vacation and Sick Leave. All donated vacation and sick leave

hours shall be converted to a dollar value base on the donor’s straight time hourly rate at the time of

the donation. The dollar value will then be divided by the receiving employee’s straight time hourly

rate to determine the actual number of hours received.

9.5 Donation of Vacation or Compensatory Hours to Nonprofit Organizations. The

executive may implement a process providing the opportunity for leave eligible employees to convert

accrued vacation or accumulated compensatory hours, or both, into a cash donation. This process

must conform to KCC 3.12.222, as amended.

9.6 Donation to an Account or Program to Benefit Children of Deceased Employee. If

an employee dies during employment, the executive may implement a process providing a one-time

opportunity to allow leave eligible employees to convert either accrued vacation or accumulated

compensatory time hours, or both, to cash to benefit any children of the deceased employee who are

under twenty-three (23) years old at the time of the employee’s death. This process must conform to

KCC 3.12.224, as amended.

9.7 No Reversion of Donated Leave. Donated vacation and sick leave hours remain with

the recipient and do not revert to the donor.

ARTICLE 10: OTHER LEAVES

10.1. Organ Donors Leave - The manager/designee will allow an employee eligible for paid

leave who is voluntarily participating as a donor in life-giving or life-saving procedures such as, but

not limited to, bone marrow transplants, kidney transplants, or blood transfusions up to five (5) days

paid leave provided;



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10.1.1. Notification - The employee gives the manager/designee reasonable advance

notice of the need to take time off from work for the donation of bone marrow, a kidney, or other

organs or tissue where there is a reasonable expectation that the employee’s failure to donate may

result in serious illness, injury, pain or the eventual death of the identified recipient.

10.1.2. Provider Certification - The employee provides written proof from an

accredited medical institution, organization or individual as to the need for the employee to donate

bone marrow, a kidney, or other organs or tissue or to participate in any other medical procedure

where the participation of the donor is unique or critical to a successful outcome.

10.1.3. Time off Subject to Agreement - Time off from work for the purpose set out

above in excess of five (5) working days will be subject to the terms of this Agreement.

10.2 Bereavement Leave

10.2.1. Employees eligible for leave benefits shall be granted up to five days,

maximum 40 hours (pro-rata for part-time) bereavement leave per qualifying death of a member of

the employee’s immediate family.

10.2.2. Immediate family shall be defined as the employee’s spouse or domestic

partner, and the parent, grandparent, child, son or daughter-in law, grandchild, sibling of the

employee, employee’s spouse or the employee’s domestic partner, or an employee’s legal guardian,

ward or any person over whom the employee has legal custody.

10.2.3. Employees who are not eligible for paid leaves may be granted leave without

pay, or may be allowed to use compensatory time, if available, for bereavement leave.

10.2.4. When a holiday or regular day off falls during the leave, it shall not be

charged as bereavement leave.

10.2.5. Any additional paid leave may be approved by mutual agreement between the

County and the employee.

10.3 Leave for Volunteer Service

Employees may use up to three days of their accrued sick leave each year to perform

volunteer services at a local school, or at a non-profit on the approved list for the Employee Giving

Program. Employees requesting to use sick leave for this purpose shall submit such request in



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writing, per collective bargaining and department leave request procedures, specifying the name of

the school and/or organization and the nature of the volunteer services to be performed. Additionally,

the employee’s supervisor may request in advance that the employee obtain written proof of the

service from the volunteer organization or school.

10.4 Jury Duty

10.4.1. A leave eligible employee notified to serve on jury duty must inform his or her

supervisor as soon as possible, but not later than two weeks in advance, regarding the date the

employee is required to report for jury duty. The supervisor may reassign the employee to a shift and

schedule that corresponds with jury duty. For purposes of this section, the shift and schedule are the

hours and days, respectively, the employee is required to report or be available for jury duty. An

employee will receive his/her compensation, while on jury duty.

10.4.2. When released from jury duty for the day, and/or when the total required

assignment to jury duty has expired, the employee will notify his or her supervisor. The employee

will be provided a reasonable time when dismissed from jury duty, as determined by the supervisor,

before the employee must report back to work and his or her regular shift and schedule. Paid leave

eligible employees must deposit any jury duty fees received, exclusive of mileage, with the Finance

and Business Operations Division of the Department of Executive Services.

10.4.3. Employees who are ineligible for paid leave shall follow the notification

procedures above, and shall be released from work duties for the duration of their assigned jury duty

period, but shall not be compensated for their time spent on jury duty. These employees may retain

any jury duty pay received. Employees will receive his/her compensation, while on jury duty.

10.5. Leave Examinations - An employee eligible for paid leave will be entitled to necessary

time off with pay for the purpose of participating in County qualifying or promotional examinations.

This will include time required to complete any required interviews.

10.6. Military Leave - Employees shall receive military leave in accordance with King

County policy, state and federal law, as amended.

10.7 Paid Parental Leave

10.7.1. Paid Parental Leave supplements an employee’s accrued paid leaves to



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provide up to a total of twelve weeks of paid leave for a parent to bond with a new child.

10.7.2. Benefit Amount. An employee’s supplemental leave benefit is calculated

based on the employee’s accrued leave balances at the time of the birth, adoption, or foster-to-adopt

placement (“qualifying event”). The employee will receive the equivalent of his or her full salary for

up to a total of twelve weeks, when combined with the employee’s accrued leave (except for one

week of sick leave and one week of vacation leave, or the equivalent for Benefit Time). The

employee is permitted to use the supplemental leave first. Additionally, the employee may choose to

take less than twelve weeks of leave. Supplemental Paid Parental Leave is not subject to cash out.

An employee who does not return to work for at least 6 months of continuous service following the

leave, will be required to reimburse King County for the supplemental leave funds received.

10.7.3. Eligibility. The benefit is available to all leave eligible employees who have

been employed with the County for at least six months of continuous service at the time of the

qualifying event. If both parents work for King County, then each employee is entitled to up to 12

weeks of Paid Parental Leave.

10.7.4. Benefit Period. Paid Parental Leave must be used within twelve months of

the qualifying event. An employee may use Paid Parental Leave on an intermittent or part-time basis,

as long as it is consistent with the department’s operational needs, and it is approved in writing by the

employee’s supervisor prior to the leave.

10.7.5. Concurrency. Paid Parental Leave will run concurrently with the County’s

family and medical leave, as well as federal and state family and medical leave laws, to the fullest

extent permitted by law.

10.7.6. Job Protection. Paid Parental Leave is protected leave. Barring required

budget cuts or layoffs, an employee’s job cannot be eliminated while the employee is on leave.

Further, no retaliatory action may be taken against an employee for participating or planning to

participate in the program.

10.7.7. Health and Leave Benefits. The employee will continue to receive all health

benefits and shall continue to accrue vacation and sick leave during the period of Paid Parental

Leave. For purposes of overtime calculations, Paid Parental Leave shall be considered the equivalent



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of sick leave.

10.7.8. Relationship to Washington State Paid Family and Medical Leave.

Provisions of the County’s current Paid Parental Leave program may change effective January 1,

2020, or thereafter, due to the County’s implementation of the new Washington State Paid Family

and Medical Leave program.

ARTICLE 11: INDUSTRIAL INJURY OR ILLNESS

In the case of any disability which is covered by State Industrial Insurance or Worker’s

Compensation, the County will pay to such disabled employee an occupational disability allowance

equal to the difference between eighty percent (80%) of his/her regular straight-time wages and the

amount of State compensation, with the stipulation that the first five (5) working days of disability

shall be at his/her regular straight-time wage less any State compensation which may apply. The

County will continue to pay eighty percent (80%) of his/her regular straight-time wages, less State

compensation, for an additional period of 255 working days to make a total of 260 days.

ARTICLE 12: LEAVE OF ABSENCE

12.1. Short-Term Leaves of Absence. A leave of absence without pay, not covered by any

other provision of this Agreement, for a period not exceeding 30 consecutive days may be granted to

a leave eligible employee by the employee’s director.

12.2. Long-Term Leaves of Absence. The Division Director may grant a leave of absence

without pay, not covered by any other provision of this Agreement, for nonmedical reasons for a

period longer than 30 days. Requests for leaves of absence without pay that are for medical/health

reasons for a period longer than 30 days must be approved by the Director of Human Resources or

the Director’s designee. Long-term leaves may be unconditional, or conditional with any conditions

set forth in writing at the time that the leave is approved with the understanding that barring required

budget cuts or layoffs, the employer shall reinstate the employee to the same position or a position

with equivalent status, pay, benefits and other employment terms upon the employee’s return with no

loss of seniority.

12.3. Early Return. An employee who is on a leave of absence without pay, not covered by

any other provision of this Agreement, may return from the leave before its expiration date if the



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employee provides the director with a written notice to that effect at least 15 days before the date of

return.

12.4. One (1) day of leave per Agreement year without loss of pay may be taken with

approval of the appropriate work unit Superintendent or designee when it is necessary that the

employee be off work in the event of a family emergency. This leave may not be carried into the

next payroll year or cashed out.

ARTICLE 13: HOURS OF WORK

13.1. The standard workweek shall consist of five (5) consecutive working days of eight (8)

hours each aggregating forty (40) hours per week. By mutual agreement of the parties, alternative

work schedules, including but not limited to 9/80 and 4/10 schedules, may be agreed to for

individuals and/or work groups as appropriate. Such agreement(s) shall be made in JLMC. The

County retains the right to end any approved alternative work schedule upon notice to the effected

employee and the Union.

13.2. During the standard workweek, the day shift shall consist of an eight and one-half (8-

1/2) hour period with an unpaid one-half (1/2) hour off for lunch, exclusive of worksite breakdown

and travel time, except as provided under Article 12.4 for Rail Electrical Workers. The day shift(s)

shall start no earlier than 6:00 a.m. and end no later than 6:00 p.m. For scheduled meal periods,

employees shall eat at the location arranged by the appropriate work unit Superintendent or designee;

provided, such location has clean toilet facilities and a place to eat their lunch.

The Power Chief will provide a list of meal period locations, the crew shall select a location

with efficient travel time and which takes into consideration the remaining work locations for the

shift. In the event the employee(s) are unable to take their meal period due to an emergency or other

conflict, the employee(s) should notify a Power Chief.

13.3. Whenever it is necessary to meet the County’s needs, hours of work may be scheduled

to cover the period from 6:00 p.m. to 6:00 a.m. Shifts that start before 6:00 a.m. or end after 6:00

p.m. shall be an eight (8) hour shift with a paid 30 minute meal period between the second (2nd) and

fifth (5th) hour of the shift. The County will make every reasonable effort to provide the employee

with an uninterrupted meal period. If the meal period should be interrupted due to performing a work



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task, upon the completion of the task, the meal period will be continued until the employee has

received a 30 minute meal period. Time spent performing the task is not considered part of the meal

period. Employees working such shift shall be paid at the regular straight-time wage rate for any

eight (8) hour shift plus any wage differential which may be allowed under Section 13.6 of this

Agreement.

13.4. As provided under RCW 49.12.187 the parties have negotiated to specifically supersede

in total the State provisions regarding hours of work, meal and rest periods for Rail Electrical

Workers. Rail Electrical Workers shifts may include “straight eight” shifts, which do not have a

designated meal period. For all Rail Electrical Worker shifts, rest periods are not scheduled and may

be taken intermittently consistent with work needs. Rail electrical Workers are entitled to meal and

rest periods only as described in this section and not those provided by State Law.

13.5. All shifts will be scheduled to start on the hour or half hour. Notice of such shift(s)

change shall be given as far in advance as possible but no less than ten (10) days prior to

implementation and shall continue for a minimum of ten (10) consecutive workdays.

13.6. Two fifteen-minute rest breaks shall be granted per shift at the approximate mid-point

of each half of the shift. Breaks may not be taken at the beginning or end of a shift, adjacent to a meal

period or combined.

ARTICLE 14: WAGE RATES

14.1. The County agrees to pay to its employees and the Union agrees that its members

employed by the County will accept the wage scales for the various classifications set forth and

contained in Addendum “A” of this Agreement.

14.2. Lead Utility Line Worker - Temporary lead utility line workers shall be compensated

at 107.5% of the journey level classification in which such employees are working, when so assigned

as in-charge. Lead utility line workers shall be assigned by the Supervisor of Power/designee when a

line crew of which at least two (2) journey level workers are on a job together with no crew chief.

The lead utility line worker shall continue to work as a member of the crew.

14.3. Lead Electrician Constructor - A temporary lead Electrician Constructor shall be

compensated at 107.5% of the journey level classification when there are two (2) or more electricians



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working beyond the standard forty (40) hour work week with no Electrician Crew Constructor Chief,

and the temporary lead assignment has been designated by the Supervisor of Power/designee.

14.4. Lead Cable Splicer - A temporary lead Cable Splicer shall be compensated at 112.5%

of the journey level classification when assigned by the Supervisor of Power/designee to assume lead

responsibilities when two or more Cable Splicers are working together in the absence of the Cable

Splicer Crew Chief.

14.5. Lead Rail Electrical Worker – Employees designated as temporary Lead Rail

Electrical Workers shall be compensated at 107.5% of the journey level classification, when so

assigned as in-charge. Lead Rail Electrical Workers shall be assigned by the Superintendent of

Power or designee when a crew of which at least two (2) Rail Electrical Workers are on a job

together with no other supervisor, such as an REW Lead, REW Crew Chief, or a Power Chief. The

assigned Lead Rail Electrical Worker shall continue to work as a member of the crew.

14.6 Rail Electrical Worker Crew Chief – Employee(s) designated as a temporary Rail

Electrical Worker Crew Chief shall be compensated at 113% of the journey level classification, when

so assigned as in-charge. The Rail Electrical Worker Crew Chief(s) shall be assigned by the

appropriate work unit Superintendent or designee when there are more than six (6) Rail Electrical

Workers. The Rail Electrical Worker Crew Chief will continue to work as a member of the crew.

14.7. Lead Transit Facilities Electrician – Employees designated or hired as a Lead Transit

Facilities Electrician shall be compensated at 107.5% of the Transit Facilities Electrician

classification.

14.8. Transit Facility Electrician Crew Chief – Employee(s) designated as a temporary

Transit Facilities Electrician Crew Chief shall be compensated at 113% of the Transit Facilities

Electrician classification. Transit Facilities Electrician Crew Chiefs shall be assigned by the

appropriate work unit Superintendent or designee when more than six (6) Transit Facility

Electricians/Transit Facility Electrician Leads are on shift at a headquarters with no supervisor, such

as a Transit Facilities Electrician Crew Chief or Power Chief. The Transit Facility Electrician Crew

Chief will continue to work as a member of the crew.

14.9. Shift Differential - Employees regularly assigned to a shift other than a day shift on a



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straight-time basis shall receive a wage differential of three dollars ($3.25) per hour for all hours

worked, provided that the shift is regularly scheduled to start before 6:00 a.m. or end after 6:00 p.m.

14.10. Cost of Living

1. In 2019 - 2022, the parties agree that wages will be increased by percentage

amounts shown below:

A. Effective January 1, 2019, Employees shall be eligible to receive an

increase of four percent (4%).

B. Effective January 1, 2020, Employees shall be eligible to receive an

increase of three percent (3%), divided with one and one-half (1.5%) added on January 1, 2020, one

and one-half percent (1.5%) added in the pay period that includes July 1, 2020.

C. Effective January 1, 2021, Employees shall be eligible to receive an

increase of three percent (3%).

D. Effective January 1, 2022, Employees shall be eligible to receive an

increase of three percent (3%).

14.11. Overtime

A. Overtime is defined to be work over the time regularly required for the

performance of the duties of any particular position; and/or work on any day which is not included in

the regular and ordinary time required, nor included in work schedules promulgated by the County

for performance of the duties in any particular position, and/or work on any holiday listed under

Article 6 falling on Monday through Friday, inclusive. Overtime work shall be compensated at the

double-time rate of pay.

B. Scheduled Overtime - relates to employees instructed before quitting time or

notified at least twelve (12) hours in advance of starting time, to report for overtime work at a stated

hour.

C. Nonscheduled Overtime - relates to employees who are requested, without notice

as defined in “Scheduled Overtime”, to report for emergency overtime work.

D. If questions should arise with regard to the scheduling of overtime, management,

upon request, will provide a verbal explanation on a case-by-case basis.



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14.12. Holiday Pay - All work performed on holidays shall be compensated at overtime rate

in addition to the holiday pay under Section 6.1. No combination of overtime payments to an

employee shall exceed three (3) times the regular rate of pay.

14.13. Work Outside of Classification

A. In cases of extreme emergencies, employees may be required to perform work

outside of their classification. In such a case, the employee affected shall, whenever practicable, be

under the direct supervision of a crew chief or other worker regularly performing this work.

B. In the case of an employee being employed at two (2) classifications in the same

half-day, s/he shall receive the higher rate of pay for that half (1/2) day. Replacement relief of a

higher classification shall be at the same rate of pay as that of the relieved person. Holidays falling in

the replacement period shall be at the higher rate provided the employee works the day before and the

day after the holiday. The higher rate of pay does not apply to vacation or sick leave occurring

during such assignment.

C.

1. Utility Line Worker Helpers may be assigned by the Supervisor of

Power/designee and shall receive Line Material Workers’ rate of pay when driving any tower, pole,

reel, digger, crane, bucket or underground truck, when said truck is engaged in construction or

maintenance. Whenever feasible, Employer shall provide Line Material Workers to drive any of the

above equipment when used for any purpose.

2. Line Material Workers or Utility Line Worker Helpers shall receive the

Pole Hauler rate of pay when operating the equipment on a boom truck when in close proximity to

energized overhead lines or the equipment on a pole truck, digger, reel truck or reel trailer.

14.14. License/Certification Pay - Employer agrees to arrange for and to pay one hundred

percent 100% of all mandatory education required by the County and State to retain those licenses

and certifications necessary for continued employment.

14.15. Relieved from Duty Pay - Employees relieved from duty except for cause during the

first half of the day or shift shall receive not less than one-half (1/2) day’s pay; if relieved from duty

except for cause after having been on duty more than one-half (1/2) day, they shall receive a full



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day’s pay, unless relieved at their own request.

14.16. Call-Out Pay

A. Employees shall receive an amount not less than the equal to four (4) hours

straight-time pay each time called out from their homes at times other than regular working hours.

They shall be paid the regular overtime rates from the time they leave home until they return to their

homes, except no pay shall be allowed while eating or sleeping; provided, however, that if employees

are notified before leaving their regular daily work to report for duty after regular working hours,

they shall be paid only from the time they report to headquarters until the time of their return to

headquarters; but in any event, not less than the equal of four (4) hours straight-time pay.

B. Employees called for duty less than five (5) hours before the beginning of regular

working hours or shift hours, shall be paid overtime (except intermission for meals) from the time

they are called until the beginning of their regular working hours or shift hours. Regular hours or

shift hours following shall be at straight-time.

14.17. Standby Pay - Employees may be asked to make themselves available to respond to

emergencies by being placed on standby duty. Employees who accept standby duty are to be

available to a phone or to respond to a County provided pager. The employee will be compensated

for standby duty at the rate of 12.75% per hour of the hourly rate of pay for Utility Line Worker.

14.18. High-time Pay - All workers employed on work poles or towers seventy-five (75) feet

above ground or higher shall be paid at the rate of double-time while working at such heights. This

rule does not apply when workers are working on the roofs of buildings where no exceptional hazard

exists. For Rail employees, the seventy-five feet will be calculated as the distance from the ground

when the employee is elevated in any type of lift equipment. High time pay will be paid on an actual

time basis.

14.19. Clothing and Equipment Allowance Pay

1. Power: All regular and Term Limited Temporary employees shall be paid an

annual maximum of one hundred fifty dollars ($150.00) for work clothing and equipment. This

payment will be paid annually in the pay period that covers April 1st.

2. Rail: All regular employees shall be paid an annual maximum of one hundred fifty



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dollars ($150.00) for work clothing and equipment. This payment will be paid annually in the pay

period that covers April 1st.

14.20. Boot Allowance

1. The County shall pay annually one hundred and fifty dollars ($150.00) per

employee for the cost of purchasing protective footwear. Such footwear will comply with ASTM

F2413-05 I/75 C/75 EH with all leather upper, or as may be amended. This payment will be paid

annually in the pay period that covers April 1st.

ARTICLE 15: MEAL PERIODS

15.1. For regularly scheduled shifts, meal periods shall be as near as practical to mid-shift;

however, not less than three (3) nor more than five (5) hours from the beginning of the shift.

15.2. Employees scheduled to work overtime shall furnish their meal for the first eight (8)

hours worked as if on a regular scheduled shift.

15.3. Meals and meal periods for scheduled overtime hours worked either before or after a

normally scheduled shift shall be as follows:

A. An employee who begins unscheduled overtime work two (2) or more hours

before the start of a regular scheduled shift, or begins scheduled overtime work more than two (2)

hours before the start of a regular scheduled shift shall be eligible for a meal allowance at eighty

percent (80%) of the straight-time journey level rate of pay.

B. An employee who works one and one-half (1-1/2) or more hours beyond the end of

the regular scheduled shift shall be eligible for a meal allowance at eighty percent (80%) of the

straight-time journey level rate of pay.

C. An employee who is scheduled to return for work within two (2) hours or less

from the end of the regular scheduled shift shall be eligible for a meal allowance at eighty percent

(80%) of the straight-time journey level rate of pay.

D. All succeeding meal periods will be in six (6) hour increments and will be covered

as a meal allowance at eighty percent (80%) of the straight-time journey level rate of pay.

15.4. Employees called in for unscheduled overtime work shall be eligible for a meal

allowance if such work is performed up to or continues after an established meal period. For



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purposes of this section, established meal periods shall be 6:00 a.m., 12:00 p.m., 6:00 p.m. and 12:00

midnight. The 6:00 a.m. and 12:00 p.m. meals shall be paid at eighty percent (80%) or the straight-

time journey level hourly rate of pay. The 6:00 p.m. and 12:00 midnight meals shall be paid at eighty

percent (80%) of the straight-time journey level hourly rate of pay.

15.5. Employees required to work during their meal period shall receive the overtime rate of

pay for such portion of the meal period worked. The amount of the time used for the meal period

shall then be deducted from the regular or overtime compensation.

15.6. Employees shall be paid a meal allowance consistent with the meal rates established in

this Article. A meal allowance will be subject to taxes and withholdings as appropriate.

ARTICLE 16: GENERAL AND MISCELLANEOUS

16.1. No wage rate presently enjoyed by any classification of employees covered by this

Agreement shall be reduced because of the signing of this Agreement.

16.2. Union Representative

A. The authorized representatives of the Union shall be allowed admission to any job

at any reasonable time for the purpose of investigating conditions existing on the job. On projects

which are under military guard, the County will cooperate with Union representatives in this regard

as far as regulations will permit.

B. Such authorized Union representatives shall confine their activities during such

investigations to matters relating to this Agreement and will first make their presence known to the

County.

16.3. Stewards - The Union Business Manager and/or Representative shall have the right to

appoint a steward at any shop or on any job where workers are employed under the terms of this

Agreement. The steward shall see that the provisions of this Agreement are observed, and he/she

shall be allowed reasonable time to perform these duties during regular working hours. The County

shall be furnished with the names of stewards so appointed. Under no circumstances shall the County

dismiss or otherwise discriminate against an employee for making a complaint or giving evidence

with respect to an alleged violation of any provision of this Agreement.

16.4. Distribution of the Agreement - A copy of this Agreement shall be made available to



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employees of the County as set forth under Addendum “A”.

16.5. Union Leave of Absence - Any employee elected or appointed to office in the Union

which requires a part of or all of his/her time, shall be given a leave of absence upon application.

He/she shall not lose any seniority established with the County at the time of the leave of absence.

16.6. In the event that there is a material change to the work represented by the Union due to

changes in technology or future automation, the County agrees to bargain the impact as required by

law through the JLMC and with the County’s Labor Negotiator.

16.7. The County shall not contract out work which the members of the Union have

historically performed unless it is required by law or is a business necessity due to an emergency

situation or to augment the workforce on a short-term, temporary basis. Except for emergency

situations, the County shall provide notice to the Union of its intent to contract out and, upon request,

bargain the decision and/or effects of that decision. Except as provided herein, under no

circumstance shall the County agree to any long-term or permanent contracting out of bargaining unit

work. Nothing in this provision shall limit what the County has historically contracted out, and no

jobs will be eliminated due to contracting out.

16.8. Defendant in Civil Action - Whenever an employee is named as a defendant in a civil

action arising out of the performance of the employee’s duties and, acting within the scope of

employment, the Prosecuting Attorney’s Office shall, at the written request of the employee, furnish

counsel to represent the employee to the final determination of the action, without cost to the

employee. Where a possible conflict exists between the County and the employee, the Prosecuting

Attorney may, at his or her sole discretion, appoint outside counsel as a special deputy prosecuting

attorney to represent the employee. In such cases, the County shall be responsible for payment of

costs incurred in such defense. This provision will be governed by the terms of King County Code

2.21.050.

16.9. Union Engagement.

16.9.1. Steward Training: During each year of this Agreement the Union’s principal

officer may request that Union stewards be provided with at least eight (8) hours or one (1) day,

whichever is greater, of release time without loss of pay to participate in the steward training



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programs sponsored by the Union.

16.9.2. The Union shall submit to the Office of Labor Relations and the Division as

far in advance as possible, but at least two (2) weeks in advance, the names of those stewards who

will be attending each training course. Time off for these purposes shall be approved in advance by

the employee's supervisor. The approval of such time off shall not be unreasonably denied for

arbitrary and/or capricious reasons. When granting such requests, the Department/Division will take

into consideration operational needs.

16.9.3. New Employee Orientation, Union Presentation: The County agrees to

continue in person New Employee Orientation to allow the Unions to meet the new members. Not

less than five (5) working days before a new employee orientation, a list of names of employees who

shall be attending and are assigned to one of the MLA’s Signatory bargaining units shall be

forwarded to the Union.

16.9.4. Release Time for New Employees: The County shall provide each new

bargaining unit member thirty (30) minutes of release time to meet with the Union within the first

month of employment.

16.10. Use of County Bulletin Boards and Electronic Devices

16.10.1. Bulletin Boards. The County agrees to provide bulletin boards in areas

accessible to the members for the use of Union officers and stewards to post announcement of

meetings, election of officers, and any other Union materials. No materials of a political nature can

be posted.

16.10.2. Electronic Devices. The County will permit Union officers and stewards the

use of electronic mail, fax machines, copiers, telephones, video conferencing and similar equipment

to communicate regarding Union business related to King County. These communications will be

consistent with state law and the County’s Acceptable Use of Information Assets Policy. The

communications and the use of the County’s equipment and systems must be brief in duration and

frequency. In no circumstance shall use of the County’s equipment or systems interfere with County

operations, or result in additional expense to the County. The parties understand and agree there is no

guarantee of privacy in the communications described herein and that such communications may be



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subject to disclosure under the Public Records Act.

ARTICLE 17: APPRENTICESHIPS

17.1. Apprenticeship

A. If both parties to this Agreement recognize that an appropriate system of

apprenticeship is desirable, they may agree to form a Joint Committee whose functions shall be to

recommend to the appropriate bodies any procedures necessary in the attainment of this objective as

contemplated.

B. This Committee shall be composed of a maximum of three (3) representatives of

the County and a maximum of three (3) representatives of the Union.

17.2. Rail Electrical Worker Apprenticeship:

17.2.1. Establishment of Rail Electrical Worker Apprenticeship. The parties

hereby establish an apprenticeship program for the Rail Electrical Worker (REW) position. Both

King County and the Union recognize the Rail Electrical Worker Apprenticeship Program Standards,

recognized by the Washington State Apprentice and Training Council (WSATC). The WSATC has

the authority to approve, administer, and enforce apprenticeship standards for the operation and

success of this apprenticeship, and may change its rules, policies, and/or administrative practices.

Upon WSATC notification of those changes, such rules, policy, and/or administrative practices shall

be recognized as part of the Rail Electrical Worker Apprenticeship Program Standards, unless

specifically agreed to otherwise in writing by the parties.

17.2.2. Establishment and Authority of REW Joint Apprenticeship Training

Committee. The Parties hereby establish a Joint Apprenticeship Training Committee (JATC) for the

REW apprenticeship which shall be composed of no more than three representatives of the County

and no more than three representatives of the Union. The JATC shall have the authority to adopt and

amend a REW Apprentice Program Manual and REW. Apprentice policies and procedures that are

consistent with the Rail Electrical Worker Apprenticeship Program Standards, including, but not

limited to, work processes, wage progression, and administrative standards. The JATC shall be

bound by the Rail Electrical Worker Apprenticeship Program standards and any applicable policies,

and procedures.



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The JATC shall have no authority to modify or administer any portion of the Collective

Bargaining Agreement between the parties, unless otherwise specified herein.

17.2.3. Selection of Candidates for Apprenticeship. The selection of candidates for

hire into the REW Apprentice position shall be at the exclusive direction of the County, subject to

any limitations set forth in this Agreement.

17.2.4. Minimum requirements of Apprenticeship. Rail Electrical Worker

Apprentice training shall include the type of work reflected in the Rail Electrical Worker

Apprenticeship Program Standards, and the REW Apprentice Program Manual. The Apprenticeship

shall include 8,000 hours of supervised on-the-job training, advanced standing and/or credit, as

determined by the JATC, and a minimum of 144 hours per year of classroom-style education.

17.2.5. REW Apprentice Rules. REW Apprentices shall follow all manuals, rules,

policies, and procedures of King County, the Metro Transit Department, and the Rail Division. REW

Apprentices shall also follow all manuals, rules, policies, and procedures of the Rail Electrical

Worker Apprenticeship Program Standards, and the REW Apprentice Program Manual.

17.2.6. Apprentice Wages. REW Apprentices shall be paid pursuant to the following

wage table.

Step Hour Range or Competency Step*: Percentage of Journey-level pay**1 0 - 1,000 hours 67%2 1,000 – 2,000 hours 71%3 2,000 – 3,000 hours 77%4 3,000 – 4,000 hours 79%5 4,000 – 5,000 hours 83%6 5,000 – 6,000 hours 87%7 6,000 – 7,000 hours 91%8 7,000 – 8,000 hours 95%

* Overtime hours that fall within the parameters of the Work Processes outlined in the REW Apprenticeship Program Standards count toward completion of the 8,000 hour requirement.

**Overtime and shift differential(s) shall be paid pursuant to this Agreement in the same manner as a journey-level REW.

17.2.7. Ratio of Apprentices to Journey-level Workers



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a. There shall not be more than one apprentice for each three (3) journey persons

employed in the Rail Electrical Worker Work Group.

b. There shall not be more than one apprentice for each two (2) journey persons on the

jobsite when performing work involving high-voltage electricity.

c. There shall not be more than one apprentice for each one (1) journey person on the

jobsite when performing work not involving high-voltage electricity.

17.2.8. Quarterly progress reports for Apprentices. The JATC shall meet quarterly to

discuss individual apprentice progress. Individual quarterly progress reports shall be provided to

each apprentice by the Chief with input from the journey-level REWs and Rail Training Group. The

progress reports will be shared with the JATC.

17.2.9. Termination from Apprenticeship. The County retains the right to terminate any

apprentice at any time during the training program if:

a. The apprentice is deemed by the JATC to have voluntarily abandoned apprentice

training.

b. The apprentice is removed from the training program by the JATC for failure to

make adequate progress as defined in the Apprenticeship Standards.

Termination pursuant to “a” or “b” above shall not be subject to grievance under the

collective bargaining agreement between the parties, however may be appealed pursuant to the

procedures, if applicable, contained in the Rail Electrical Worker Apprenticeship Program Standards

and/or the REW Apprentice Program Manual.

In addition to any apprentice probationary periods outlined in the Rail Electrical Worker

Apprenticeship Program Standards and the REW Apprentice Program Manual, the REW Apprentice

is a career service position and subject to the same probationary period as applied to other career

service positions covered by this Agreement.

All other discipline, up to and including termination, for career service REW Apprentices,

shall be grievable in the same manner as discipline imposed upon career service REWs.

17.2.10. Safety. Apprentices shall be given adequate safety training to safely perform all

work related to the apprenticeship.



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17.2.11. Apprentice Seniority. Apprentice Seniority shall be established by date of hire into

the apprentice position. In the event of a tie, seniority order shall be decided by seniority in the King

County Rail Division, followed by Seniority in King County, followed by a coin toss conducted by

Local 77.

17.2.12. Completion of Apprenticeship. Upon graduation from the REW Apprenticeship,

the REW Apprentice Graduate shall be promoted to a Career Service REW position. There shall be

no additional probation period upon promotion.

17.2.13. Seniority Upon Graduation. Upon graduation from the REW Apprenticeship, the

REW Apprentice Graduate shall be awarded a Journey-Level REW seniority date one (1) year prior

to the graduation date.

17.2.14. Definitions. All words shall be given their regular and customary definitions, unless

otherwise defined by this Agreement, the WSATC, the Rail Electrical Worker Apprenticeship

Program Standards, or the REW Apprentice Program Manual.

ARTICLE 18: TERM LIMITED TEMPORARY (TLT) EMPLOYEES

18.1. Short Term Temporary employees shall mean a person who is employed for a period of

time not to exceed six (6) months per calendar year. However, Term Limited Temporary (TLT)

employees may be used for a maximum period of twelve (12) months on a special project or to back-

fill for a regular employee, or for a longer period if agreed to by the Union when the special project

or back-fill extends beyond twelve (12) months.

18.2. A TLT employee who is later hired as a regular employee in the same classification, the

TLT employment period will count as service credit for pay purposes and the service will count for

seniority accrual and continuous service credit only during a single period of TLT employment;

provided, however, when a TLT employee is terminated by the County and rehired as a regular

employee within thirty (30) days, the prior service shall be credited as the employee’s continuous

service for purposes of seniority only. A TLT employee who voluntarily resigns, is discharged or has

more than thirty (30) consecutive days lapse in employment will not be eligible for prior service

credit for purposes of seniority, pay or benefits if rehired as a regular or TLT employee.

18.3. The County retains the right to recruit directly for permanent vacancies.



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18.4. TLT employees who are selected by the County for a regular position in the same

classification shall serve a six (6) month probationary period; however, if the employee has ninety

(90) or more days of continuous TLT employment in the classification at the time of selection, the

probationary period shall be reduced to three (3) months.

18.5. Term Limited Temporary (TLT) employees will not be used to supplant regular Full-

time Equivalent (FTE) or Career Service positions.

ARTICLE 19: WORK RULES

19.1. The work rules contained in Article 17 and not inconsistent with the other provisions of

this Agreement are hereby adopted and will remain in effect until modified or amended. Any

changes in the working rules between the County and the Union shall be promulgated in the form of a

Memorandum-of-Agreement supplementary to and incorporated in this Agreement.

19.2. Health and Safety

A. All work shall be done in a competent manner and in accordance with the State of

Washington safety codes. When greater clearances are specified by the County standards than called

for as a minimum by the State Construction Code, then the County standards shall prevail.

B. It shall not be considered a violation of this Agreement when workers refuse to

work with unsafe equipment, or where adequate safeguards are not provided, and when the facilities

and services are not being maintained in a reasonable sanitary condition.

C. All employees in classifications whose work requires them to climb shall be

instructed in pole-top rescue and resuscitation to become and remain proficient in their application.

D. Safety meetings shall be scheduled on a suitable work day each month.

E. When a job has been assigned to an individual or crew, and after inspecting or

attempting to do the job it has been turned back unfinished, the reason for turning it back must be put

in writing by that individual. Special note must be made of extra-ordinary hazards, and this

information must be given to all employees or crews that are later requested to do the same job.

F. For safety reasons, a Chief of Power may relieve an employee from duty at any

time after the employee has been continuously on duty over eight (8) hours, and this shall be

documented. If relieved from duty for safety reasons, the remaining portion of the regularly



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scheduled shift shall be compensated at the regular straight time rate as paid rest period.

G. The parties agree that all employees, regular and temporary, are encouraged to

raise safety concerns at any time, at a safety meeting, anonymously via the green card system, or

other methods as available. It is the intent and goal of the parties to provide a safe and secure work

environment.

19.3. Classification Relief - As a matter of general personnel administration, an employee

can be expected to assume responsibilities and perform duties within their craft above or below

his/her classification in a relief capacity for a portion of his/her time, except where contrary to current

practices.

19.4. Transporting (applies to Power only) - Line Material Workers shall not be

downgraded, nor Utility Line Worker Helpers upgraded for driving any truck when used for the sole

purpose of transporting workers, supplies or equipment.

19.5. Helpers - (applies to Power only) Employees classified as Helpers will in no event be

used as substitutes to replace journey level workers.

19.6. Pole Framing (applies to Power only) - All framing of poles will be done by Utility

Line Workers with the help of Utility Line Worker Helpers. The erection of poles or pulling of poles

will be done by Line or Pole Crews. Each Pole Crew is to carry at least one (1) Utility Line Worker

in addition to a Line Crew Chief. A pole that is exclusively used for lighting, and does not require

the use of a digger to install may be set with a Line Material Worker and a Journey Utility Line

Worker/Electrician Constructor.

19.7. Tree Trimming – In Power, all tree trimming, where there is a possibility of contact

with transmission or distribution circuits, will be done by Utility Line Workers. In Rail, Rail

Electrical Workers will trim trees that interfere with train movement or electrical installations related

to rail.

19.8. Pulling Cable – In Power, a crew pulling underground cables with power shall include

not less than two (2) cable splicers and shall be supervised by a Cable Splicer Crew Chief. In Rail,

the pulling of underground cables with power equipment will include no less than two (2) Rail

Electrical Workers supervised by a temporary Lead Rail Electrical Worker.



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19.9. Underground Work – In Power, any work performed in the underground system other

than inspections shall require two (2) workers at the Cable Splicer’s rate of pay. Inspections may

include pumping and “one call dig” identification. Under no circumstance shall inspection be

interpreted to mean work on a cable. Inspections shall require two (2) workers, one (1) of which

shall receive Cable Splicer’s rate of pay. The other worker may be a Journey Utility Line Worker or

qualified Line Material Worker. For the purpose of this Article no Line Material Worker shall be

deemed qualified until they have satisfactorily completed a course in vault rescue and received

confined space training. In Rail, any electrical work performed in an underground vault of the rail

system will require a minimum of two (2) Rail Electrical Workers.

19.10. Hot Tapping – In Power, all hot tapping on a pole shall be done by a journey level

Utility Line Worker. In Rail, all hot tapping on the rail system will be done by Rail Electrical

Workers.

19.11. Staffing

A. There shall be an Electrician constructor Crew Chief and a Line Crew Chief on the

day shift, Monday through Friday, except holidays.

B. Electrician Constructor Crew Chief(s) shall not supervise more than ten (10)

Electrician Constructors/Temporary Lead Workers in Charge/Fire Detection System Specialists.

C. When there are at least three (3) but not more than six (6) Electrician Constructors

and/or Fire Detection System Specialists, or Rail Electrical Workers assigned to work on the same

project, job or assignment, one shall be designated by the appropriate work unit Superintendent or

designee to be the Temporary Lead Worker in charge provided there is no other supervision on the

project, job or assignment. Fire Detection System Specialists shall only be designated as Temporary

Lead Worker in Charge when such project, job or assignment is on fire detection systems.

D. When two (2) or more Electrician Constructors and/or Fire Detection System

Specialists are on a shift without an Electrician constructor Crew Chief or Chief of Power assigned to

the shift, one shall be designated by the appropriate work unit Superintendent or designee to be the

Temporary Lead Worker in charge.

E. Supervision for Utility Line Worker shall be set forth as provided under WAC



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296-45-105. Man-in-charge shall mean Temporary Lead Worker in Charge, and non-climbing

Foreman shall mean Temporary Line Crew Chief and Line Crew Chief.

19.12. Reporting - Workers shall not be required to report before or after their regular work

periods to other than their regular headquarters for the purpose of picking up vehicles or materials.

When employees are required to put in time before or after their regular working hours for the

purpose of servicing vehicles or for loading material, only the additional time worked shall be

compensated for at the overtime rate.

19.13. Meetings - Workers shall not be required to attend meetings called by the County

except during the regular working hours unless compensated.

19.14. Shift Selection

A. Employees with more than six (6) months of service shall select their one (1) year

shift preference, by seniority, for each quarter of the shift schedule, provided that the County may, at

its discretion, set aside two (2) day shift slots for electricians and one (1) day shift slot for line crew

classifications as needed for training and orientation. The shift shall rotate every three (3) months in

December, March, June and September. The effective date of the shift rotation will be on the

beginning of the payroll period following the 15th of the month after each of the listed months.

Except for projects, jobs, or assignments, in the event that a shift is significantly changed the parties

will bargain any impacts as required by law. For purposes of this Agreement, the determination of

what constitutes a significant change in a shift shall be decided by the Joint Labor - Management

Committee and such decision shall not be subject to the grievance procedures under Article 5.

Employees shall be permitted to trade shifts for a three (3) month rotation period, provided it is at no

cost to the County. Shifts for the upcoming shift selection shall be posted on November 15th of each

year. Sign-ups shall be posted the first day of December and employees must make their selection no

later than December 15th, exceptions may be made on a case-by-case basis. The Appropriate

Superintendent or designee shall determine days off for all shifts.

1. Employees will be given until the start of their next shift to make their

selection based on seniority; except the first (most senior) employee in each classification will have

two (2) hours from the beginning of their first scheduled shift in December to make their selection.



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2. If an employee knows he/she will be unavailable (travel, scheduled sick

leave, FML, etc.) he/she will provide, in a sealed envelope to his/her shop steward and supervisor

(conducting bidding) the employee’s bid choices in order (from 1-5). When the bid process reaches

the unavailable employee, the shop steward and supervisor will meet and open the envelope in one

another’s presence, confer, and place employee in the appropriate bid.

3. If an employee has not provided bid preference, or their choices are not

available and is not reachable/not responsive to contact (phone, text and e-mail), the process will

pause for 24 hours to allow time for the employee to respond. At 24 hours, a second attempt will be

made to contact employee thru phone, text and email, if after 4 additional hours the employee has not

responded, the shop steward and the supervisor conducting the bid will meet for the purpose of

placing the unreachable employee in the shift he/she previously bid (the one currently occupied) or a

shift most similar to it if the current shift is not available.

4. If an employee doesn’t make their selection within two hours after the start

of their next scheduled shift after being physically notified (in person or through a successful phone,

text or email contact); their spot shall be determined by the shop steward and the supervisor

conducting the bidding to place the employee in the shift most recently bid (if available) or a shift

most similar to it if the current shift is not available.

B. The appropriate work unit Superintendent or designee shall have the right to

transfer employees from one shift to another without regard to seniority when it is necessary to fill a

vacancy caused by the absence of an employee, subject to the provisions of Sections 19.15 and 19.16.

C. All employees appointed to regular positions must successfully serve a

probationary period equivalent of six (6) months of full-time employment.

19.15. Transfer

A. Where the County desires the transfer of employees from one shift to another, no

loss in regular pay shall result and a nominal fifteen and one-half (15-1/2) hours off duty between

shifts shall be allowed and the overtime rate shall be paid for all time less than the nominal fifteen

and one-half (15-1/2) hours off duty; except when employees are required to change shifts due to

unscheduled relief, seven and one-half (7-1/2) hours off between shifts shall be the rule which



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applies.

B. When an employee is transferred to any position in which he/she has had no

previous experience, he/she shall be given a reasonable break-in period with an experienced worker

in that position.

19.16. Work Schedule for Position - The schedule for regular working days and regular

days off goes with the job and not the worker, and an employee exercising the option for the change

from one job to another assumes the working days and days off of the new job and anything

pertaining to his/her schedule for the old job ceases at the beginning of the new job.

19.17. Promotion - An employee who is promoted to another classification may request to

return to his/her previously held classification provided:

A. A written request is submitted to the appropriate work unit Superintendent or

designee,

B. There is a regular position vacant in the classification the employee desires to

return to,

C. The employee meets all the current job requirements of the classification he/she

desires to return to,

D. The County is able to recruit and train a qualified replacement for the position that

will be vacated by the employee, and

E. The County incurs no additional expense or inconvenience in honoring the request.

F. Except in the event of a layoff, an employee who is promoted to a non-represented

classification within the Power Section, may elect to return to his/her previously held bargaining unit

classification under the conditions set forth above. Provided the written request is made within one

(1) year of the promotion to the non-represented classification.

19.18. Travel - Each employee shall be assigned a designated place(s) to report to work. The

employee shall report to the place designated at the commencement of the working day and after

reporting, shall be regarded as on duty; and that employee shall not be required to report to any other

place(s) for work, or to pick up trucks, materials, equipment, etc. Travel from shop to shop (travel

between the place of reporting and the actual place of work) shall be part of the employee’s work



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time, and any transportation necessary shall be provided by the County.

19.19. Private Vehicles - All employees called for emergency non-scheduled overtime, when

directed by the appropriate work unit Superintendent or designee to use their private car for

transportation, shall be reimbursed at the prevailing IRS mileage rate for each mile traveled from

their homes and return, plus toll bridge costs.

19.20. Reduction in Force and Rehire

A. Seniority shall accrue for all regular employees covered by this Agreement and

shall be the period of continuous employment by classification. In the case of a reduction in force,

seniority shall apply. A regular employee who advances to a higher classification and who returns to

former classification shall retain his/her original seniority in such classification plus time

accumulated in the advanced classification. In the event of a tie, seniority order shall be decided by

seniority in the applicable division, followed by seniority in King County, followed by a coin toss

conducted by Local 77.

B. A seniority list shall be made up and posted when these working rules take effect

on the basis of length of service only, and this shall remain in effect until deviations there from are

decided upon.

C. Employees laid off as a result of a reduction in force shall be laid off according to

seniority with the least time being the first to go. In the event there are two or more employees

eligible for layoff within the division with the same classification and seniority, the appropriate work

unit Superintendent or designee will determine the order of layoff based on employee performance.

D. When a reduction in force is necessary, the Union and the employees who may be

affected shall be notified at least thirty (30) calendar days prior to the effective date. At such time as

a reduction in force is of such an emergency nature as to prevent thirty (30) calendar days notice, the

earliest possible notification will be given.

E. Employees in a higher classification who have been notified of layoff may use

seniority to bump the least senior employee in a lower classification within the bargaining unit and

Section provided they are qualified.

F. Employees laid off will be eligible for rehire into positions of the same



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classification according to seniority with King County. That is, the employee laid off last will be the

first rehired.

ARTICLE 20: SAVING CLAUSE

Should any part hereof or any provision herein contained be rendered or declared invalid by

reason of existing or subsequently enacted legislation, or by any decree or a court of competent

jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the

remaining portion hereof; provided, however, upon such invalidation that parties agree immediately

to meet and negotiate such part of provisions affected. The remaining parts or provisions shall

remain in full force and effect.

ARTICLE 21: WORK STOPPAGE

The County and the Union agree that the public interest requires efficient and uninterrupted

performance of all County services and to this end pledge their best efforts to avoid or eliminate any

conduct contrary to this objective. Specifically, the Union shall not cause or condone any work

stoppage, strike, slowdown or other interference with County functions by employees under this

Agreement. The Union and its officers shall, in good faith, use every reasonable effort to terminate

such unauthorized action.

ARTICLE 22: PERFORMANCE EVALUATIONS

The County may conduct performance evaluations at least annually as part of a systematic

and equitable employee performance management system.

ARTICLE 23: MEDICAL, DENTAL & LIFE INSURANCE

King County presently participates in group medical, dental and life insurance programs. The

County agrees to maintain the level of benefits in these plans during the term of this Agreement,

provided that the Union and County agree to incorporate changes to employee insurance benefits

which the County may implement as a result of the agreement of the Joint Labor-Management

Insurance Committee. Coverage eligibility will be governed by the 2005 King County Personnel

Guidelines.ARTICLE 24: RECLASSIFICATION AND RESULTING PAY

24.1. Job Reclassification



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1. Reason

A. An employee or a group of employees may request a position to be

reclassified for the following reasons:

(1) An employee’s position is not assigned to the appropriate job

classification, or

(2) A significant or gradual change in an employee’s on-going duties

or responsibilities over a period of at least one-year, or

(3) Reorganization or council action causes the duties of a position to

change.

B. An employee is not eligible to submit a reclassification request if it has

been less than twelve (12) months since the date of a previous classification determination for the

position, or

(1) the employee is on probation; or

(2) the employee is on a Performance Improvement Plan; or

(3) the employee is asking for a reclassification for a special duty

position.

C. Group reclassification may be submitted if all employees’ positions are in

the same classification within the same section of a division. The Human Resources Division will

evaluate each position individually; therefore, reserving the right to place positions into different

classifications, if warranted. Nothing in this paragraph prevents an individual employee from

exercising their Section 5 rights under this Article (Reconsideration of a Classification Decision).

24.2. Effective Date of Reclassification and Resulting Pay

Below is a table that summarizes the effective date and resulting pay when an employee’s

position is reclassified to job classification within a higher pay grade, the same pay grade, or a lower

pay grade.

Reclassification to Effective Date Pay Upon ReclassificationHigher pay grade Start of the pay period following

receipt of the completed reclassification request form at the Human Resources Division.

1st Step of the pay range of the new classification or the step that is at least 5% above the former rate of pay,



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Reclassification to Effective Date Pay Upon Reclassificationwhichever is greater. Additional discretionary steps may not be awarded.

Pay may not exceed Step 10, unless the employee is already receiving merit-over-top.

If pay includes merit-over-top, pay is calculated using the merit-over-top amount and may result in merit-over-top upon reclassification.

Same pay grade Start of the pay period following receipt of the completed reclassification request form at the Human Resources Division.

The step of the pay range which is closest to and not less than the step that the employee received before the reclassification.

Pay may not exceed Step 10, unless the employee is already receiving merit-over-top.

If pay includes merit-over-top, the employee will continue to receive merit-over-top.

Lower pay grade Start of pay period at least thirty (30) calendar days after notification of the classification determination from the Human Resources Division.

Highest step in the new pay range that does not exceed the current pay rate.

If pay includes merit-over-top, pay is calculated using the merit-over-top amount and may result in merit-over-top upon reclassification.

24.3. Probation Upon Reclassification

There shall be no probationary period following a reclassification.

24.4. FLSA Status Change Upon Reclassification

A. When an employee’s position is reclassified retroactively into a classification with

a different FLSA status, the change in FLSA status shall be prospective only, even though the change

in classification and resulting pay may be applied retroactively.

B. When an employee’s position is reclassified from an FLSA-exempt classification to


cba code: 101 Addendum A - WagesInternational Brotherhood of Electrical Workers Local 77

Transit Division - Department of Transportation

Union Code: E2

Job ClassCode

PeopleSoftJob Code Classification Title

8207100 730800 Cable Splicer 52.24$ 8207101 730900 Cable Splicer - Lead (107.3%) * 56.05$ 8210100 731100 Cable Splicer Chief (113%) * 59.03$ 8204100 730100 Electrician Constructor 49.33$ 8204101 730600 Electrician Constructor - Lead 53.03$ 8204200 730700 Electrician Constructor Crew Chief (113%) * 55.74$ 8204200 731400 Electrician Constructor Crew Temporary Chief (113%) * 55.74$ 8209100 731300 Fire Detection Specialist 49.33$ 8208200 730000 Line Crew Chief (113%) * 56.27$ 8208200 731500 Line Crew Temporary Chief (113%) * 56.27$ 8206100 730400 Line Material Worker I 39.11$ 8206110 730410 Line Material Worker II 43.96$ 8211100 730500 Pole Hauler 42.71$ 8212100 823102 Rail Electrical Worker 49.80$ 8212200 823201 Rail Electrical Worker - Lead (107.5%) * 53.54$ 8213100 824101 Transit Facilities Electrician 49.33$ 8213200 824201 Transit Facilities Electrician (Lead 107.5%) * 53.03$ 8208100 730200 Utility Line Worker 49.80$ 8205100 730300 Utility Line Worker - Helper 33.69$ 35.10$ 36.63$ 8208101 731000 Utility Line Worker - Lead (107.5%) * 53.54$

Standby Pay 6.35$ Shift Differential 3.25$ *Rate calculated as a percentage of the Journey Classification rate

**Wages reflect a COLA and a market adjustment

2019 Hourly Rate**

Effective January 1, 2019

101W0120.xlsxMetropolitan King County Council May 26, 2020 203



Union Code: E2

Job ClassCode






January 1, 2020 Hourly Rate**




Union Code: E2

Job ClassCode





Effective July 1, 2020

July 1, 2020 Hourly Rate**




Union Code: E2

Job ClassCode








Office of Labor Relations Staff Report: Collective Bargaining Agreement

Between King County

And International Brotherhood of Electrical Workers, Local 77

101ORLStaffReport0120

CBA: International Brotherhood of Electrical Workers, Local 77 (Metro Transit Department) [101]

County Negotiator.: Sasha Alessi

Union Negotiator: Steve Kovac UNIT OVERVIEW: This bargaining unit consists of electrical workers in the Power Distribution Section of the Transit Facilities Division and in the Rail Division of the Metro Transit Department. These employees are responsible for repairing and maintaining the electrical systems for transit bases, light rail facilities, park and ride lots, and the downtown transit tunnel. Their work includes overhead powerlines and substations for link light rail, streetcar, and trolley buses. There are approximately 90 employees in the bargaining unit. BARGAINING HISTORY: Bargaining Started: December 2018 Mediation Requested: November 2020 Tentative Agreement reached: February 25, 2020 Union Ratification vote: April 7, 2020 Union Signature date: April 29, 2020 SUMMARY OF KEY CHANGES: 1. Contract Term: January 1, 2019 – December 31, 2022

2. Compensation Changes:

a. General Wages

2019: 4% 2020: 1.5% on January 1 and an additional 1.5% on July 1. 2021: 3% 2022: 3%



b. Classification(s) Wages

N/A. There are no market adjustments to individual classifications

c. Add-to-Pay(s)

This agreement creates a daily upgrade opportunity for Rail Electrical Worker (REW) “Crew Chief” and Transit Facility Electrician (TFE) “Crew Chief” positions when a) there are six or more REWs or TFEs on the same shift together at headquarters, and b) there is no supervisor on duty. It is anticipated that this crew chief upgrade may become necessary during start-up of the east link extension and the addition of a second headquarters. This upgrade provides an additional 13% above journey level pay and was approved by Sound Transit prior to negotiations.

d. Insured Benefits

The bargaining unit continues to be a full participant in the JLMIC.

3. Changes to Hours of Work:

a. Alternative Works Schedules. Upon mutual agreement of the parties, alternative work schedules (AWS) may be implemented. The County retains the right to revoke any AWS and return to the regular work schedule.

4. Changes to Working Conditions:

a. This agreement incorporates a previously negotiated memorandum of agreement (MOA) that created a state-certified apprenticeship program for Rail Electrical Workers (REW). This apprenticeship program requires 8,000 apprentice hours of training to become a journey-level REW. Graduates of this apprentice program will become career service REWs, which will help the Rail Division fill these essential worker positions.

b. This agreement provides for employees on the day shift in the Power Distribution Section to take their meal period in the field. This change will increase the amount of productive worktime the in the field by eliminating the need to return to base for meal periods.

c. This agreement incorporates a previously negotiated MOA that allows Rail employees to work “straight-eight” hour shifts without the need to stop work for a meal period. This allows the Rail Division to maximize the limited “service window” during which Link Light Rail train operations are suspended each night for railway maintenance and repair that cannot be performed while the system is operational.

5. Miscellaneous Changes:

a. This agreement modifies contract terms to address changes to state laws impacting union membership, dues, access to sick leave and medical leave.



b. This agreement adopts the standardized donated leave provisions of the MLA, to provide the same benefit to employees and to ease administration of donated leave.

c. This agreement expands the use of Labor Management Committees (LMCs) by creating division-specific LMCs in both the Power Distribution Section and in the Rail Division.

d. This agreement improves the shift bidding process to allow all employees sufficient time to complete their shift bidding.

INVITED: Sasha Alessi, Office of Labor Relations Steve Kovac, International Brotherhood of Electrical Workers, Local 77 Jonathan Finch, International Brotherhood of Electrical Workers, Local 77 Lisa Voight, Director, Employee Services Division, Metro Transit Department


May 5, 2020 The Honorable Claudia Balducci Chair, King County Council Room 1200 C O U R T H O U S E Dear Councilmember Balducci: This letter transmits a proposed ordinance that would, if enacted, ratify a negotiated collective bargaining agreement (CBA) with International Brotherhood of Electrical Workers (IBEW), Local 77, covering the Metro Transit Department bargaining unit for the contractual period of January 1, 2019, through December 31, 2022. Adoption of this proposed ordinance will enable Metro t to provide bargained for wages, hours and working conditions to electrical workers in its Facilities and Rail Divisions. Metro employees who work in the Facilities Division ensure that trolley buses and street cars have power and guideways for operations. They are responsible for repairing and maintaining the electrical systems for transit bases, park and ride lots, the downtown transit tunnel, and trolley buses. The work of these employees includes the repair and maintenance of high voltage substations, fire and life systems, electronic controls, electric motors, emergency generators, lighting, track and wire guideways, and underground electrical vaults and ducts. In Metro’s Rail Division, these employees are also responsible for the maintenance, repair, upgrade, and comprehensive preventive maintenance on Sound Transit’s rail electrical systems, as well as electrical systems and equipment in light rail stations, offices and facilities. The negotiated CBA was reached pursuant to good faith negotiations and collective bargaining between King County and IBEW Local 77 and has been ratified by the bargaining unit. Notable additions to the negotiated CBA include: adoption of a rail electrical worker apprenticeship program; an improved shift bidding process; and, options for alternative work


The Honorable Claudia Balducci May 5, 2020 Page 2 schedules. In addition, it includes an improved process that will allow meal periods to be taken in the field, increasing efficiency and productivity. The negotiated CBA includes general wage increases of 4.0 percent in 2019, 1.5 percent in January 2020 plus 1.5 percent in July 2020, 3.0 percent in 2021, and 3.0 percent in 2022. These wage increases are expected to aid in recruitment and retention of employees. No supplemental budget authority is being requested for implementation of this CBA. A complete breakdown of the costs associated with this CBA can be found in the accompanying fiscal note, which has been reviewed by the Office of Performance, Strategy, and Budget. Adoption of this proposed ordinance, which will ratify the negotiated CBA, advances the King County Strategic Plan’s goal of efficient, accountable regional and local government and the objective of ensuring that County government operates efficiently and effectively and is accountable to the public by supporting the King County Metro workforce throughmaintaining standard working conditions and benefits. The negotiated CBA also updates standard provisions related to donated leave, sick leave, and union recognition, as required by state law. These changes will streamline the administration of the negotiated CBA. Thank you for your consideration of this proposed ordinance. This important legislation will ratify the negotiated CBA which provides standardized working conditions and the competitive wages that are necessary to recruit and retain the qualified electrical workers needed to maintain our public transportation system. If your staff have questions, please contact Megan Pedersen, Director, Office of Labor Relations, at 206-263-2898. Sincerely, Dow Constantine King County Executive Enclosure cc: King County Councilmembers ATTN: Carolyn Busch, Chief of Staff Melani Pedroza, Clerk of the Council Shannon Braddock, Deputy Chief of Staff, Office of the Executive Karan Gill, Director, Council Relations, Office of the Executive Dwight Dively, Director, Office of Performance, Strategy and Budget Megan Pedersen, Director, Office of Labor Relations


101F0320

FISCAL NOTE Ordinance/Motion No. Collective Bargaining Agreement Title: International Brotherhood of Electrical Workers, Local 77 (Department of

Transportation, Transit) Effective Date: Four Year Contract from 1/1/19-12/31/22 Affected Agency and/or Agencies: Metro Transit Department Note Prepared by: Matthew McCoy, Labor Relations Negotiator, OLR Phone: 263-1966 Department Sign Off: Jill Krecklow, Finance & Administrative Services Manager Phone: 684-1019 Supplemental Required? NO X YES

Note Reviewed by: T.J. Stutman, Executive Department Budget Office

Phone: 263-9718

EXPENDITURES FROM:

Fund Title Fund Code

Department 2019 2020 2021 2022

Public Transportation

4641 MTD $474,000 $277,000 $473,000 $392,000

TOTAL: $474,000 $277,000 $473,000 $392,000 TOTAL: Cumulative $474,000 $752,000 $1,224,000 $1,617,000

EXPENDITURE BY CATEGORIES:

Expense Type

Fund Code

Department 2019 Base 2019 2020 2021 2022

Salaries $8,067,000 $323,000 $189,000 $322,000 $267,000 OT $1,784,000 $71,000 $42,000 $71,000 $59,000 PERS & FICA

$2,005,000 $80,000 $47,000 $80,000 $66,000

TOTAL $11,856,000 TOTAL: $474,000 $277,000 $473,000 $392,000 TOTAL: Cumulative $474,000 $752,000 $1,224,000 $1,617,000

ASSUMPTIONS:

Assumptions used in estimating expenditure include: 1. Contract Period(s): 1/1/2019 - 12/31/2022 2. Wage Adjustments & Effective Dates: COLA: 4.00% GWI effective January 1, 2019

1.50% GWI effective January 1, 2020 1.50% GWI effective July 1, 2020 3.00% GWI effective January 1, 2021 3.00% GWI effective January 1, 2022

Other: Retro/Lump Sum Payment: 3. Other Wage-Related Factors: Step Increase Movement: PERS & FICA: 20.35% Overtime: 4. Other Cost Factors:


101S0120

Checklist and Summary of Changes for the attached Collective Bargaining Agreement

Name of Agreement International Brotherhood of Electrical Workers, Local 77 (Metro Transit Department) [101] Labor Negotiator

Sasha Alessi

Prosecuting Attorney’s Review Yes Legislative Review Form; Motion or Ordinance Yes Executive Letter Yes Fiscal Note Yes Six Point Summary Yes King County Council Adopted Labor Policies Consistency Yes Ordinance Yes Original Signed Agreement(s) Yes Does transmittal include MOU/MOA? N/A

Six Point Summary of changes to the attached agreement: 1. Provides a general wage increase of 2019 – 4%, 2020 – (1.5% January 2020 + add’l

1.5% July 2020), 2021 – 3%, and 2022 – 3% 2. Provides for day-shift meal periods to be taken in the field which will increase

productive work time. 3. Adds Rail Electrical Work Apprenticeship program to the Collective Bargaining

Agreement. 4. Improves the shift bidding process to allow all employees sufficient time to complete

their shift bidding. 5. Standardized of donated leave provisions to match what the majority of county

employees enjoy under the MLA. 6. Modifies the union membership and sick leave provisions to align with state law.


Contract Consistency with Adopted Labor Policies Contract: International Brotherhood of Electrical Workers, Local

77 (Metro Transit Department) [101]

101P0120 Page 1

County Department(s): Metro Transit Department Term of Contract: January 1, 2019 – December 31, 2022 County Negotiator: Sasha Alessi

Labor Policy Is Contract Consistent with Adopted Labor Policies? If not, please explain.

Contract Consolidation Yes Diversity Yes Project Labor Agreements N/A Performance Evaluations Yes Continuous Improvement Yes Labor-Management Committees

Yes

Labor-Management Partnerships

Yes

Mediation Yes Binding Interest Arbitration Yes Interest-based Bargaining Yes Compensation Yes Overtime Yes Benefits Yes Reduction-in-Force Yes Contracting Out of Work Yes Use of Temporary and Part-time Employees

Yes

Civilian Oversight of Sheriff’s Office

N/A

Sheriff’s Office Implementation of Report Recommendations

N/A

Legislative Branch Employees and Officials

N/A


KING COUNTY

Signature Report


Ordinance


1

AN ORDINANCE authorizing the vacation of 10273 147th 1

Avenue SE 98059, file no. V-2721; Petitioners: Troy and 2

Kathleen Solly. 3

STATEMENT OF FACTS: 4

1. A petition was filed requesting vacation of 10273 147th Avenue SE 5

98059, hereinafter described. 6

2. The department of local services notified utility companies serving the 7

area and King County departments of the proposed vacation and has been 8

advised that Comcast requires an easement over the vacation area. The 9

vacation shall not extinguish the rights of any utility company to any 10

existing easements for facilities or equipment within the vacation area. 11

3. The department of local services's records indicate that this segment of 12

right of way is unopened and unmaintained. Another section of this right 13

of way was vacated in 1987 under King County Ordinance 8023, Vacation 14

File V-1895. 15

4. Due notice was given in the manner provided by law. The office of the 16

hearing examiner held a public hearing on April 3, 2020. 17

5. The examiner found that the subject right-of-way is useless as part of 18

the county road system, concluded that the public will benefit from its 19


Ordinance

2

vacation, and recommended a full waiver of compensation. 20

6. For the reasons stated in the examiner's April 17, 2020, report and 21

recommendation, the council determines that it is in the best interest of the 22

citizens of King County to grant said petition and vacate the right-of-way, 23

without requiring compensation. 24


SECTION 1. The council, on the effective date of this ordinance, hereby vacates 26

and abandons a portion SE 104th Street right of way as described below: 27

That portion of the right of way of SE 104th Street as shown on the Plat of 28

May Valley Co-Op Community as recorded in Volume 66 of Plats, Page 29

93, Records of King County, Washington, adjoining Lot 23, Block 2 of 30


Ordinance

3

said Plat. 31

Containing 5,508 square feet, more or less. 32

33


________________________________________


________________________________________



_________________________________


Attachments: A. Hearing Examiner Report dated April 17, 2020


April 17, 2020

OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON

King County Courthouse 516 Third Avenue Room 1200

Seattle, Washington 98104 Telephone (206) 477-0860

[email protected] www.kingcounty.gov/independent/hearing-examiner

REPORT AND RECOMMENDATION

SUBJECT: Department of Transportation file no. V-2721 Proposed ordinance no. 2020-0065 Adjacent parcel no. 5230000230

TROY AND KATHLEEN SOLLY Road Vacation Petition

Location: 10273 147th Avenue SE 98059 Applicants: Troy and Kathleen Solly

20728 SE 119th Street Issaquah, WA 98027 Telephone: (425) 652-2599 Email: [email protected]

King County: Department of Local Services, Road Services Division

represented by Leslie Drake 201 S Jackson Street Seattle, WA 98104 Telephone: (206) 684-1481 Email: [email protected]

FINDINGS AND CONCLUSIONS: Overview

1. Troy and Kathleen Solly petition the County to vacate an approximately 5,508 square foot stretch of public right-of-way at 10273 147th Avenue SE 98059. Ex. 3 at 033-39. The Department of Local Services, Road Services Division (Roads), urges vacation and a waiver of all compensation. We conducted the public hearing on behalf of the Council. After hearing witness testimony, studying the exhibits entered into evidence, and considering the parties’ arguments and the relevant law, we recommend that the Council vacate the right-of-way and waive all compensation.


mailto:[email protected]

http://www.kingcounty.gov/independent/hearing-examiner

V-2721–Troy and Kathleen Solly 2

Background

2. Except as provided herein, we adopt and incorporate the facts set forth in Roads’ report and in proposed ordinance no. 2020-0065. That report, and maps showing the specific area to be vacated and the vicinity of the proposed vacation, are in the hearing record and will be attached to the copies of our recommendation submitted to Council. Exs. 1, 10, and 11. Our most substantive change is that the report and submitted maps show the area as 5,279 square feet. Ex. 1 at 004; Ex. 10 at 001. We pointed out at hearing that the Department’s Survey Unit wrote that the area was 5,508 square feet. Leslie Drake, Roads’ representative, responded that we should use the slightly larger figure, to avoid potentially leaving a few unclaimed feet of property. Ex. 3 at 27-28.

3. Chapter RCW 36.87 sets the general framework for county road vacations, augmented by KCC chapter 14.40. There are at least four somewhat interrelated inquiries. The first two relate to whether vacation is warranted: is the road useless to the road system and would vacation benefit the public? If the answers to these are both yes, the third and fourth relate to compensation: what is the appraised (or perhaps assessed) value of the right-of-way, and how should this number be adjusted to capture avoided County costs?

4. A petitioner has the burden to show that the “road is useless as part of the county road system and that the public will be benefitted by its vacation and abandonment.” RCW 36.87.020. “A county right of way may be considered useless if it is not necessary to serve an essential role in the public road network or if it would better serve the public interest in private ownership.” KCC 14.40.0102.B. While denial is mandatory (“shall not” vacate) where a petitioner fails to make that showing, approval is discretionary where a petitioner shows uselessness and public benefit (“may vacate”). RCW 36.87.060(1) (emphasis added).

Is Vacation Warranted, and Under What Conditions?

5. The subject right-of-way segment is not currently opened, constructed, or maintained for public use, and it is not known to be used informally for access to any property. As discussed below, neighbors testified in support of vacation. Vacation would have no adverse effect on the provision of access and fire and emergency services to the abutting properties and surrounding area. The right-of-way is not necessary for the present or future public road system for travel or utilities purposes. The corresponding right-of-way on the other side of SE 174th Avenue SE was vacated in 1987. Ex. 7.

6. The current right-of-way contains a utility easement for Comcast. Comcast did not object to vacation, so long as it retained an easement. Ex. 2 at 004. The Sollys signed and recorded an easement agreement for Comcast. Ex. 1 at 002, Ex. 12.

7. One issue we probed at hearing involved drainage. A written response in the record from the Department’s Road Drainage Design team described a twelve-inch drainage system in the right-of-way that has not been maintained by the County but that must be maintained by the property owners to drain runoff from approximately eight adjacent parcels. Ex. 3 at 031; Ex. 3 at 020-23. That commenter noted that a private drainage



easement may be needed; he recommended vacation but with a private drainage easement. Ex. 3 at 032.

8. Neighbor Susan Slayton described the “continuous” battle with drainage. She named the creek on the Solly property as Greene’s Creek, which flows into May Creek. She supports the Sollys’ vacation efforts. Neighbor Jill Summerfield discussed that stream and flooding in the vicinity of the Solly parcel; drainage has been a huge issue for the neighborhood. She also supports the Sollys’ efforts to site a house on their property, but she hopes that mitigation would be required to protect the stream.

9. Ms. Drake responded that the culvert and drainage were not created, installed, or accepted by the County. The drainage system is and would remain private, whether vacation happens or not. Roads only seeks easements for items that are related to a road (like access) or for something like utilities (here, Comcast) or that the County has control over (like public drainage improvements). She opined that if the Sollys attempt to develop the property, the Permitting Division would handle drainage review.

10. Although the drainage issue gives us pause, Roads’ position seems correct. Currently there is no public or franchisee easement in or along the creek. If the Sollys want to develop their property, they will need Permitting’s review, and one issue Permitting looks closely at is drainage. The Sollys cannot touch the stream without regulatory approvals, but that would be the same whether Council vacates the right-of-way or not. It might be preferable if the Sollys and their neighbors formalized some sort of private drainage arrangement, but that is independent of vacation. Vacation itself will not exacerbate the situation. We do not recommend predicating vacation on a private drainage easement.

11. We find that the road is useless to the county road system, that the public will benefit from its vacation—saving $2,000 in expected management and maintenance costs—and that vacation is warranted. Ex. 15.

What Compensation is Due?

12. Roads recommends zero compensation. We emphasize that this recommendation has nothing to do with the problem we encountered, and brought to Council’s repeated attention, during an unfortunate stretch between 2017 and 2019.

13. During that interim period, Roads argued for full waivers for all vacation petitions, based on assertions of large liabilities and maintenance costs avoided by jettisoning unopened rights-of-way, but without any quantitative support for that proposition or a comprehensive methodology for calculating those adjustments. Eventually, with the help of a Council budget proviso, we were able to enlist the Office of Performance, Strategy and Budget (PSB) to come up with a sound financial model to calculate a net savings from vacating a right-of-way. Roads properly applied PSB’s model here. Ex. 15.

14. Instead, Roads asserts that the right-of-way adds no value to the Solly parcel (and thus there is no starting number from which to subtract the PSB adjustments). That position may sound a little familiar; in its push to give away rights-of-way, Roads argued that



rights-of-way should be valued as standalone strips; such narrow slivers are almost always undevelopable and thus valueless by themselves. That was a departure from the historic practice of valuing rights-of-way by looking to the abutting property into which the right-of-way would merge. However, in today’s case, Roads analyzed the correct property unit, asking the Assessor’s office how much adding the right-of-way would increase the value of the (what would become larger) Solly property.

15. Thus, Roads did exactly what it should do. So, while our discussion of a full waiver of compensation for an unopened right-of-way merging into private property might sound a little, “Here we go again,” it is decidedly not.

16. Instead, the wrinkle here is that the Assessor’s records show the Solly lot as unbuildable. Ex. 13 at 001. Assessor staff noted that adding right-of-way area to an unbuildable lot does not add value. Ex. 14 at 001. That raised a yellow flag for us, given that the Solly property (with or without the additional right-of-way square footage) is adjacent to similarly-sized properties with single-family homes. Mr. Solly was candid that he and his wife are pursuing vacation with an eye to eventually building a home for themselves on the property. Ex. 10.

17. Ms. Drake explained that it has no way to re-analyze the build-ability question, and that Roads relied on what already was in the public record. She did point to numerous environmental constraints on the Solly property; in addition to flooding, there are fish concerns and a variety of environmental setbacks. She opined that siting a septic system on the property would be challenging.

18. It would give us more pause if the Sollys were savvy market participants who bought the property on the open market with insight that environmental constraints and regulatory restrictions could be overcome and a home built. However, Mr. Solly explained that when he moved back to the area after college, his stepmom gave the property to him, as they had no use for it. He echoed Ms. Drake’s—and the neighbors’—testimony that streams and drainage are significant hindrances to development. The Sollys have not started any permit processes.

19. Increasing the lot’s size would almost by definition make development slightly more feasible than without that additional square footage. For example, there would be more room for buffer averaging and more options for how to align a potential development to avoid restricted area. However, there is no question development will be challenging, with or without the vacation. It is possible that years down the road this property will have a house on it, but there is nothing approaching a guarantee. And the process of trying to get there is complicated, expensive, and uncertain. A market participant might take a flyer and purchase the property with an eye towards development, but that would be a discounted purchase, given development hurdles and unpredictability.

20. In sum, the best evidence in the record is the Assessor listing the property as unbuildable and the Assessor staff’s opinion that adding right-of-way area to an unbuildable lot does not increase the lot’s value. We recommend that Council waive all compensation here.



RECOMMENDATION:

APPROVE proposed ordinance no. 2020-0065 to vacate the subject road right-of-way and the compensation requirement.

DATED April 17, 2020.

David Spohr Hearing Examiner

NOTICE OF RIGHT TO APPEAL A person appeals an Examiner recommendation by following the steps described in KCC 20.22.230, including filing with the Clerk of the Council a sufficient appeal statement and a $250 appeal fee (check payable to the King County FBOD), and providing copies of the appeal statement to the Examiner and to any named parties listed on the front page of the Examiner’s recommendation. Please consult KCC 20.22.230 for exact requirements. Prior to the close of business (4:30 p.m.) on May 11, 2020, an electronic copy of the appeal statement must be sent to [email protected] and a paper copy of the appeal statement must be delivered to the Clerk of the Council's Office, Room 1200, King County Courthouse, 516 Third Avenue, Seattle, Washington 98104. Prior mailing is not sufficient if the Clerk does not actually receive the fee and the appeal statement within the applicable time period. Unless the appeal requirements of KCC 20.22.230 are met, the Clerk of the Council will place on the agenda of the next available Council meeting a proposed ordinance implementing the Examiner’s recommended action. If the appeal requirements of KCC 20.22.230 are met, the Examiner will notify parties and interested persons and will provide information about “next steps.”




MINUTES OF THE APRIL 3, 2020, HEARING ON THE ROAD VACATION PETITION OF TROY AND KATHLEEN SOLLY, DEPARTMENT OF

TRANSPORTATION FILE NO. V-2721 David Spohr was the Hearing Examiner in this matter. Participating in the hearing were Leslie Drake, Troy Solly, Susan Slayton, and Jill Summerfield. The following exhibits were offered and entered into the hearing record: Exhibit no. 1 Roads Services report to the Hearing Examiner, sent March 19, 2020 Exhibit no. 2 Letter from Clerk of the Council to King County Department of

Transportation (KCDOT) transmitting petition, dated July 3, 2018 Exhibit no. 3 Petition for vacation of a county road, transmitted July 2, 2018 Exhibit no. 4 Final stakeholder notification, sent September 27, 2018, with comment

deadline of October 29, 2018 Exhibit no. 5 Letter from KCDOT to Petitioner acknowledging receipt of petition and

explaining road vacation process, dated July 12, 2018 Exhibit no. 6 Plat Map May Valley Co-Op Community Exhibit no. 7 Ordinance 8023 vacating eastern portion SE 104th Street under road

vacation file V-1895, enacted April 1987 Exhibit no. 8 Letter from KCDOT to Petitioner recommending approval, conveying

County Road Engineer report, proposing compensation waiver, dated October 23, 2019

Exhibit no. 9 Road Engineer report Exhibit no. 10 Vacation area map Exhibit no. 11 Vicinity map Exhibit no. 12 Notification of petition letter to Comcast, dated November 26, 2018 Exhibit no. 13 KC Assessor’s information for Petitioner’s property, APN 523000-0230 Exhibit no. 14 Email from Sheila Frawley with valuation information, dated July 15, 2019 Exhibit no. 15 Compensation calculation model spreadsheet Exhibit no. 16 Letter from KCDOT to KC Council recommending approval and

transmitting proposed ordinance, dated January 28, 2020 Exhibit no. 17 Proposed ordinance Exhibit no. 18 Fiscal note Exhibit no. 19 Aerial photograph Exhibit no. 20 Affidavit of publication, noting posting date of March 11, 2020 DS/JO


April 17, 2020

OFFICE OF THE HEARING EXAMINER KING COUNTY, WASHINGTON

King County Courthouse 516 Third Avenue Room 1200

Seattle, Washington 98104 Telephone (206) 477-0860

[email protected] www.kingcounty.gov/independent/hearing-examiner

CERTIFICATE OF SERVICE

SUBJECT: Department of Transportation file no. V-2721 Proposed ordinance no. 2020-0065 Adjacent parcel no. 5230000230

TROY AND KATHLEEN SOLLY Road Vacation Petition

I, Jessica Oscoy, certify under penalty of perjury under the laws of the State of Washington that I transmitted the REPORT AND RECOMMENDATION to those listed on the attached page as follows:

EMAILED to all County staff listed as parties/interested persons and parties with e-mail addresses on record.

placed with the United States Postal Service, with sufficient postage, as FIRST CLASS MAIL in an envelope addressed to the non-County employee parties/interested persons to addresses on record.

DATED April 17, 2020.

Jessica Oscoy Legislative Secretary



http://www.kingcounty.gov/independent/hearing-examiner

KING COUNTY

Signature Report


Motion TITLE ONLY

Proposed No. 2020-0190.1 Sponsors Kohl-Welles and Dembowski

1

A MOTION setting the county's priorities for allocation of 1

2 CARES Act funding in excess of the funds needed for

the county's direct response to the COVID-19 pandemic. 3


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KING COUNTY

Signature Report


Motion

Proposed No. 2020-0192.1 Sponsors Dunn

1

A MOTION requesting the county treasurer to provide for 1

payment agreements for 2020 property taxes. 2

WHEREAS, on January 21, 2020, the Washington state Department of Health 3

confirmed the first case of the novel coronavirus ("COVID-19") in the United States in 4

Snohomish County. COVID-19, a respiratory disease that can result in serious illness or 5

death, is caused by the SARS-CoV-2 virus, which is a new strain of coronavirus that had 6

not been previously identified in humans and can easily spread from person to person, 7

and 8

WHEREAS, on February 29, 2020, the Washington state governor proclaimed 9

that a State of Emergency exists in all counties in the state of Washington as a result of 10

the COVID-19 pandemic, and 11

WHEREAS, the King County executive issued a proclamation of emergency on 12

March 1, 2020, in order to allow King County to quickly respond to the new or different 13

demands on service in response to the emergency caused by the COVID-19 pandemic, 14

and 15

WHEREAS, in March 2020, the state and the county instituted "stay-at-home" 16

orders to prevent the spread of COVID-19 that closed all businesses except defined 17

essential businesses, resulting in historic unemployment, and 18

WHEREAS, RCW 84.56.020 requires one-half of property taxes, or first-half 19


Motion

2

taxes, to be paid on or before the thirtieth day of April, and the remainder, or second-half 20

taxes, on or before the following thirty-first of October, and requires delinquent taxes to 21

be subject to interest and penalties, and 22

WHEREAS, RCW 84.56.020 authorizes the county treasurer, during a state of 23

emergency declared under RCW 43.060.010, to grant extensions of the due date of 24

property taxes at the request of any taxpayer affected by the emergency, and the King 25

County treasurer has granted an extension to June 1, 2020, for first-half taxes; 26

NOW, THEREFORE, BE IT MOVED by the Council of King County: 27

A. The council requests that the county treasurer establish a program to 28

implement payment agreements for first-half taxes and second-half taxes for 2020 and 29

2021 upon the request of taxpayers affected by the COVID-19 pandemic as follows: 30

1. The payment agreements for first-half taxes for 2020 should provide for 31

taxpayers to make five monthly payments each equal to one-fifth of the first-half taxes 32

with the first monthly payment due on June 30, 2020, and the last monthly payment due 33

on October 31, 2020; 34

2. The payment agreements for the second-half taxes for 2020 should provide 35

for taxpayers to make six monthly payments each equal to one-sixth of the second-half 36

taxes with the first monthly payment due on November 30, 2020, and the last monthly 37

payment due on April 30, 2021; 38

3. The payment agreements for first-half taxes for 2021 should provide for 39

taxpayers to make six monthly payments each equal to one-sixth of the first-half taxes 40

with the first monthly payment due on May 31, 2021, and the last monthly payment due 41

on October 31, 2021; 42


Motion

3

4. The payment agreements for the second-half taxes for 2021 should provide 43

for taxpayers to make six monthly payments each equal to one-sixth of the second-half 44

taxes with the first monthly payment due on November 30, 2021, and the last monthly 45

payment due on April 30, 2022; 46

5. The program to implement payment agreements should not apply to 47

intermediaries, including mortgage-servicing companies; and 48

6. The county treasurer is requested to consider the feasibility of waiving or 49

subsidizing third-party vendor fees as part of the program to implement payment 50

agreements. 51

B. If the county treasurer elects not to establish a program to implement payment 52

agreements for first-half taxes for 2020 as described in section A. of this motion, the 53

county treasurer is requested to transmit to the council a report on the rationale for not 54

establishing such a program, and indicate whether the county treasurer intends to 55

establish such a program for second-half taxes for 2020 or for first-half or second-half 56

taxes for 2021. The report should identify any operational, fiscal or other barriers and 57

make recommendations on ways to mitigate any such barriers. The report should be filed 58

by July 15, 2020, in the form of a paper original and an electronic copy with the clerk of 59

the council, who shall retain the original and provide an electronic copy to all 60

councilmembers, the chief of staff and the chief policy officer. 61

C. If the county treasurer elects to establish a program to implement payment 62

agreements for any property taxes for 2020 as described in section A. of this motion, the 63

county treasurer is requested to transmit to the council a report on the utilization of the 64

program by June 30, 2021. If the county treasurer elects to establish a program to 65


Motion

4

implement payment agreements for any property taxes for 2021 as described in section A. 66

of this motion, the county treasurer is requested to transmit to the council a report on the 67

utilization of the program by June 30, 2022. The reports should be filed in the form of a 68

paper original and an electronic copy with the clerk of the council, who shall retain the 69


Motion

5

original and provide an electronic copy to all councilmembers, the chief of staff and the 70

chief policy officer. 71

72


________________________________________


________________________________________



_________________________________


Attachments: None


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KING COUNTY

Signature Report


Motion


1

A MOTION approving a report related to capital project 1

1138678 DES LTLF RENTON RED LION in compliance 2

with the 2019-2020 Biennial Budget Ordinance, Ordinance 3

18835, Section 126, as amended by Ordinance 19103, 4

Section 19, Proviso P4. 5

WHEREAS, the 2019-2020 Biennial Budget Ordinance, Ordinance 18835, 6

Section 126, as amended by Ordinance 19103, Section 19, Proviso P4, requires the 7

executive to transmit a report related to capital project 1138678 DES LTLF RENTON 8

RED LION, contingent on the executive's decision to extend the term of the April 2, 9

2020, License Agreement between King County and Renton Hotel Investor, LLC ("the 10

license agreement") as provided in section 3 of the license agreement or enter into a new 11

agreement to occupy the Renton Red Lion motel located on South Grady Way beyond the 12

current license agreement term, and 13

WHEREAS, the 2019-2020 Biennial Budget Ordinance, Ordinance 18835, 14

Section 126, as amended by Ordinance 19103, Section 19, Proviso P4, requires the 15

executive to file the report and motion required by this proviso at least thirty days before 16

entering into any extension of the license agreement's term or entering into a new 17

agreement to occupy the Renton Red Lion motel located on South Grady Way, and 18

WHEREAS, 2019-2020 Biennial Budget Ordinance, Ordinance 18835, Section 19


Motion

2

126, as amended by Ordinance 19103, Section 19, Proviso P4, provides that $1,200,000 20

shall not be expended or encumbered until the executive transmits the report and a 21

motion that approves the report is passed by the council; 22

NOW, THEREFORE, BE IT MOVED by the Council of King County: 23

The report related to capital project 1138678 DES LTLF RENTON RED LION, 24

included as Attachment A to this motion, is hereby approved in accordance with the 25


Motion

3

2019-2020 Biennial Budget Ordinance, Ordinance 18835, Section 126, as amended by 26

Ordinance 19103, Section 19, Proviso P4. 27

28


________________________________________


________________________________________



_________________________________


Attachments: A. Report Related to Capital Project 1138678 DES LTLF Renton Red Lion


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