sumner city council

COUNCIL MEETING AGENDA

City Hall – 1104 Maple Street January 17, 2017 – 7:00pm

CALL TO ORDER

Pledge of Allegiance Invocation: Pastor Art Sphar, Pierce County Chaplaincy Roll Call: Allsop, Brown, Hayden, Hochstatter, LeMaster, Reed and Stuard

The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. CONSENT AGENDA Page 2 1. Approval of the minutes of the rcm of January 3, 2017 and January 9, 2017 ss

6 2. Approval of the 2016 business claims in the amount of $1,546,927.95 voucher nos. 96626-96731 &

10317 and 2017 business claims in the amount of $798,949.19, voucher nos. 96637, 96732-96761, 11017 & 11018.

8 3. 17-008 Resolution No. 1464 Grant Designee Signature (F&P do-pass) 4. 17-009 White River Restoration – Van Ness Consultant Contract Amendment #1 (PW do-pass)

11 5. 17-010 Air Duct Cleaning / City Hall & Senior Center Construction Award (PW do-pass) 23 6. 17-011 Approval of Windish Employment Agreement 40 7. 17-012 Approval of Dahlem Employment Agreement

PUBLIC HEARING Page 56 1. 17- 013 Surplus Equipment REGULAR BUSINESS

1. Unfinished Business

The public is invited to address Council on topics that are not on the meeting agenda. 2. Public Comment (Limit 3 minutes)

3. New Business

Page 570

a. 17- 014 Sound Transit Agreement (ss)

4. Reports

a. City Council b. City Administrator c. Mayor

5. Executive Session – For the purpose of discussing with legal counsel labor negotiations, pursuant to

RCW 42.30.140(4); real estate acquisition/sale, pursuant to RCW 42.30.110(1); and pending litigation, per RCW 42.30.110(1)(i).

6. Adjournment

This meeting is accessible to persons with disabilities. For individuals who may require special accommodations, please contact the City Clerk at (253) 299-5500, 24 hours in advance.

SUMNER CITY COUNCIL Minutes – Regular Council Meeting

January 3, 2017

CALL TO ORDER The Sumner City Council met in regular session at 7:04pm with Deputy Mayor Earle Stuard presiding. Councilmembers Present: Councilmembers Reed, LeMaster, Hayden and Hochstatter. Councilmembers excused: Allsop. Staff Present: City Administrator John Galle, City Attorney Brett Vinson, Interim Community Development Director Ryan Windish, Communications Director Carmen Palmer, Deputy Police Chief Jeff Engel and HR Coordinator/City Clerk Michelle Converse.

CONSENT AGENDA MOVED BY COUNCILMEMBER HOCHSTATTER SECONDED BY REED TO APPROVE THE CONSENT AGENDA CONSISTING OF: 1. Approval of the minutes of the rcm of December 5, 2016, December 12, 2016 ss and

scm December 19, 2016 2. Approval of the 2016 business claims in the amount of $2,275,417.98, voucher nos. 96413-96524, 120116

& 120216 and 2017 business claims in the amount of $667,703.72, voucher nos. 96525-96625 3. 17-001 Excusing Councilmember LeMaster from regular council meeting December 5, 2016 4. 17-002 Excusing Councilmembers Hochstatter and Reed from special council meeting December 19, 2016 5. 17-003 Professional Services Agreement Amendment – Ashbaugh Beal, LLP 6. 17-004 Alta Cascade Expert Services Contract 7. 17-005 Ross Forensics Group Expert Consultant Contract

Deputy Stuard moved to remove items 5, 6 and 7 from the Consent Agenda. Items 1-4 CARRIED UNANIMOUSLY.

(#5) 17-003 Professional Services Agreement Amendment – Ashbaugh Beal, LLP. MOVED AND SECONDED, TO AUTHORIZE THE MAYOR TO EXECUTE SUPPLEMENT #2 TO THE LEGAL SERVICES CONTRACT WITH ASHBAUGH BEAL, LLC., FOR THE LEGAL DEFENSE OF A CLAIM FILED AGAINST THE CITY RELATED TO THE 136TH/VALENTINE CORRIDOR IMPROVEMENT PROJECT (CIP 08-02) INCREASING THE EXISTING CONTRACT BY $90,000 SUBSTANTIALLY IN THE FORM AS APPROVED BY THE CITY ATTORNEY. City Attorney Brett Vinson briefed attendees on the motion. MOTION CARRIED UNAMIOUSLY.

(#6) 17-004 Alta Cascade Expert Services Contract. MOVED BY LEMASTER SECONDED BY HOCHSTATTER, TO AUTHORIZE THE MAYOR TO EXCUTE A CONSULTANT SERVICES CONTRACT WITH ALTA CASCADE (JEFF OTTESEN) FOR EXPERT SCHEDULE REVIEW AND RECREATION SERVICES AGAINST ICON’S CLAIM FILED AGAINST THE CITY RELATED TO THE 136TH/VALENTIN CORRIDOR IMPROVEMENT PROJECT (CIP 08-02) IN THE AMOUNT OF $35,000 SUBSTANTIALLY IN THE FORM AS APPROVED BY THE CITY ATTORNEY. City Attorney Brett Vinson briefed attendees on the motion. MOTION CARRIED UNAMIOUSLY.

(#7) 17-005 Ross Forensics Group Expert Consultant Contract. MOVED BY HOCHSTATTER SECONDED BY HAYDEN TO AUTHORIZE THE MAYOR TO EXECUTE A CONSULTANT SERVICES CONTRACT WITH ROSS FORENSICS FROUP FOR EXPERT AUDITING SERVICES AGAINST ICON’S CLAIM FILED AGAINST THE CIITY RELATED TO THE 136TH/VALENTINE CORRIDOT IMPROVEMENT PROJECT (CIP 08-02) IN THE AMOUNT OF

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$61,000 SUBSTANTIALLY IN THE FORM AS APPROVED BY THE CITY ATTORNEY. City Attorney Brett Vinson briefed attendees on the motion. MOTION CARRIED UNAMIOUSLY.

REGULAR BUSINESS

Unfinished Business

Public Comment There was no public comment.

New Business

17-006 Ordinance No. 2595 Amending Personnel Policy Code Amendment. MOVED BY HOCHSTATTER SECONDED BY REED TO ADOPT ORDINANCE NO. 2595, AMENDING THE SUMNER MUNICIPAL CODE RELATING TO PERSONNEL POLICIES. Administrative Services Director Jason Wilson briefed the attendees. In 1999 the City adopted an extensive rewrite of the City’s personnel policies. The update included four different employee personnel manuals—one of which was adopted by City Code. Since 1999, minor revisions have taken place to incorporate changes in policies, benefits or laws. The multiple manuals are difficult to administer and even more cumbersome for use by employees. Best practice recommends a more streamlined approach to employee personnel policies. The attached code amendment removes several sections of code that are procedural, while leaving only those sections that pertain to wages, benefits or hiring practices. It also specifically authorizes the Mayor and City Administrator to create and adopt a separate, more in depth, policy and procedure manual to manage the city’s employees and operations. That manual has been drafted and is ready to be implemented. All changes to items pertaining to employee’s compensation will still require Council approval. The code amendment and policy manual have been reviewed by department directors, WCIA’s legal review team, all of our unions and several staff members. Any concerns raised have been addressed, and all parties are in support of the new policies. UPON ROLL CALL VOTE, THE MOTION CARRIED UNANIMOUSLY.

Mayor Enslow joined the meeting at 7:18pm. 17-007 Election of Deputy Mayor. City Administrator John Galle explained the process for electing the Deputy Mayor. Per the Council Rules Section 18, Deputy Mayor Selection Process, “The Deputy Mayor shall be elected to a one (1) year term at the first Regular Council meeting in January of each year. The Mayor shall conduct the election for the Deputy Mayor.” He briefly discussed the duties of the Deputy Mayor and opened the floor to nominations. Councilmember Hochstatter nominated Councilmember Hayden for Deputy Mayor. No other nominations were made. UPON VOICE VOTE COUNCILMEMBER HAYDEN WAS ELECTED DEPUTY MAYOR.

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COUNCIL REPORT

Councilmember Hayden thanked the Council for the opportunity to serve as Deputy Mayor.

Councilmember Reed and his family had a nice holiday.

Councilmember Brown thanked the Public Works crew who fixed the water main break on Thompson. Councilmember LeMaster looks forward to 2017. He also congratulated the new Deputy Mayor. Councilmember Hochstatter wished everyone a great 2017 and thanked Council and staff for a great 2016. Deputy Mayor Stuard sent his condolences to the family of Planning Commissioner James Storey, he will be missed. He has noticed graffiti and asked Deputy Chief Engel to speak to the situation.

CITY ADMINISTRATOR REPORT

Mr. Galle elaborated on Councilmember Brown’s comments regarding the Public Works crew who fixed the water main break. They were called out about 1am and worked 15-16 hours to get the job done. They are a great crew and he thanked them for taking care of it.

MAYORS REPORT

Mayor Enslow also expressed his condolences to the Storey family. He was highly thought of and it is truly a loss for the City.

EXECUTIVE SESSION

There was no Executive Session.

ADJOURNMENT

When there was no further business to come before the Council, Mayor Enslow adjourned the meeting at 7:45pm. ATTEST: ___________________________________ City Clerk Michelle Converse, CMC Mayor David L. Enslow

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SUMNER CITY COUNCIL

Minutes – Study Session January 9, 2017

The Sumner City Council met in study session at 6:00pm with Mayor Dave Enslow presiding. Councilmembers present: Councilmembers Earl Stuard, Curt Brown, Cindi Hochstatter, Mike LeMaster, Steve Allsop, Patrick Reed and Deputy Mayor Kathy Hayden. Staff present: City Administrator John Galle, Community Development Director Ryan Windish, Police Chief Brad Moericke, Public Works Director Mike Dahlem, Senior Planner Eric Mendenhall, Administrative Services Director Jason Wilson, City Attorney Brett Vinson and Assistant City Attorney Andrea Marquez. STUDY SESSION BUSINESS

1. Sound Transit Agreement 2. Regional Centers Designations

REGIONAL COMMITTEE REPORTS

1. Sound Transit – Mayor Enslow CITY ADMINISTRATOR REPORT AGENDA SETTING

1. Council Meeting Agenda Calendar 2. Council Committee Meeting Calendar

EXECUTIVE SESSION Mayor Enslow ended the regular meeting and proceeded into Executive Session at 7:17pm for a time not to exceed 15 minutes, for the purpose of discussing with legal counsel pending/potential litigation, per RCW 42.30.110(1)(i). The Executive Session was extended twice, for a total of 15 minutes, with the Session closing at7:45pm. ADJOURNMENT: When there was no further business to come before the Council, Mayor Enslow adjourned the meeting at 7:45pm. ATTEST: City Clerk Michelle Converse, CMC Mayor Dave Enslow

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CITY COUNCIL MEETING DATE: January 17, 2017 AGENDA BILL: 17-008

SUBJECT: Resolution Designating Positions with Signing Authority for Federal Grant Reimbursements.

CATEGORY: BUDGET IMPACT: $0

CONSENT ORDINANCE Amount Budgeted: $0 RESOLUTION PUBLIC HEARING Expenditure Amt.: $0 MOTION OTHER Contingency Req’d: $0

ATTACHMENTS: Resolution No. 1464

STAFF CONTACT: Chief Financial Officer Kassandra Raymond

SUMMARY/BACKGROUND: As a recipient of federal grant funding, the City is required to adhere to the Code of Federal Regulations, 2 CFR 200, hereinafter referred to as the New Uniform Guidance. Under these regulations, section 2 CFR 200.415(a) requires the governing body of the grant recipient to officially designate an official or officials to certify all grant reimbursement requests, related claims, and/or reports. The certification language is similar to that required by the State Auditor’s Office for our voucher approval process, and accompanies each federal grant reimbursement request.

By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements, and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise. (US Code Title 18, Section 1001 and Title 31. Sections 3729-3730 and 3801-3812)

The recommended resolution designates the Mayor, City Administrator, Administrative Services Director, and the Chief Financial Officer as authorized to make the appropriate certification.

COUNCIL COMMITTEE RECOMMENDATION: Finance & Personnel Committee, due pass 01/17/2017.

STAFF RECOMMENDATION: Approve Resolution 1464 designating positions with signing authority for federal grant reimbursements.

(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)

COUNCIL ACTION: APPROVED COUNCIL BILL # DENIED 1ST reading TABLED/DEFERRED/NO ACTION Enactment reading MOVED TO SECOND READING (ordinances only) ORDINANCE #

RESOLUTION #

We will set the standard of excellence for a progressive small city.

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RESOLUTION NO. 1464 CITY OF SUMNER, WASHINGTON

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUMNER, WASHINGTON, DELEGATING AUTHORITY CERTAIN POSITIONS TO LEGALLY BIND THE CITY OF SUMNER FOR THE SOLE PURPOSE OF REQUESTING FEDERAL REIMBURSEMENTS.

WHEREAS, the City of Sumner receives federal grant funding for projects, including

transportation projects; and

WHEREAS, The Code of Federal Regulations, 2 CFR 200.415(a) has been revised to ensure that final fiscal reports or vouchers requesting payment under Federal agreements must include a certification, signed by an official who is authorized to legally bind the non-Federal Agency:

“By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements, and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil, or administrative penalties for fraud, false statements, false claims, or otherwise. (US Code Title 18, Section 1001 and Title 31. Sections 3729-3730 and 3801-3812)”; and

WHEREAS, the Mayor executes all Federal grant funding agreements and supplemental

agreements; and WHEREAS, In order to seek timely reimbursements for proper expenditures relating to the federally

funded grant projects, the City of Sumner delegates to the person(s) appointed as Mayor, City Administrator, Administrative Services Director, and Chief Financial Officer the authority to legally bind the City solely for the purpose of requesting Federal grant reimbursement; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUMNER, WASHINGTON, AS FOLLOWS: Section 1. That the City Council of the City of Sumner, Washington, does hereby designate the Mayor, City Administrator, Administrative Services Director, and Chief Financial Officer of the City as the principal officers with the authority and responsibility to legally certify and otherwise authenticate the forms and reports related to Federally funded projects, and to otherwise review and sign all grant reimbursement requests for grant funded projects on behalf of the city. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this resolution, including but not limited to the correction of clerical errors; or references to other local, state, or federal laws, codes, rules, or regulations. Section 4. This resolution shall become effective immediately upon adoption.

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Passed by the City Council and approved by the Mayor of the City of Sumner, Washington, at a regular meeting thereof this 17th day of January, 2017. ____________________________ Mayor David L. Enslow ATTEST: APPROVED AS TO FORM: _____________________________ _____________________________ City Clerk Michelle Converse, CMC City Attorney Brett C. Vinson

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SUBJECT: Air Duct Cleaning – City Hall and Senior Center

CATEGORY: BUDGET IMPACT:

CONSENT ORDINANCE Amount Budgeted: $29,000.00 RESOLUTION PUBLIC HEARING Expenditure Amt.: $25,495.10 MOTION OTHER Contingency Req’d: $25,495.10

ATTACHMENTS: Goods and Services Contract with Scope and Budget

STAFF CONTACT: Derek Barry, Public Works Manager

SUMMARY/BACKGROUND: Project involves air duct cleaning for the City Hall building and the Senior Center air handling systems.

Three (3) bids were received on August 16th, 2016 for this project. The lowest responsible bidder was submitted by Innovative Vacuum Services, Inc., with a bid amount of $25,495.10. The Contractor will have thirty (30) working days to complete the project.

COUNCIL COMMITTEE RECOMMENDATION: Public Works Committee do pass recommendation, January 9, 2017.

STAFF RECOMMENDATION: A motion to authorize the Mayor to execute an agreement with Innovative Vacuum Services, Inc., (WODUK), in an amount not-to-exceed $25,495.10, to clean the duct system at City Hall and the Senior Center, substantially in a form as approved by the City Attorney.

(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION:

APPROVED 1ST reading DENIED Enactment reading TABLED/DEFERRED/NO ACTION ORDINANCE # MOVED TO SECOND READING (ordinances only) RESOLUTION #


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SUBJECT: Community Development Director Employment Agreement—Ryan Windish



ATTACHMENTS: Employment Agreement STAFF CONTACT: John Galle, City Administrator

SUMMARY/BACKGROUND: The Mayor has conducted an extensive review of Mr. Ryan Windish’s qualifications and desires to appoint him as the Community Development Director. Mr. Windish has worked for the City since 1998 in the Community Development Department, most recently as the Planning Manager. This experience has positioned him to have a clear understanding of the City’s significant projects and goals. Mr. Windish has been serving as Interim Community Development Director since December 2015. Over this time he has demonstrated his ability to perform the job duties. The attached employment agreement would appoint Mr. Windish as Community Development Director. The terms of the agreement are consistent with recent employment agreements and the adopted 2017 compensation schedule.

COUNCIL COMMITTEE RECOMMENDATION: None. Qualifications discussed with council in executive session.

STAFF RECOMMENDATION: Move to authorize the Mayor to enter into an employment agreement with Ryan Windish for the position of Community Development Director in a form substantially approved by the City Attorney.




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COMMUNITY DEVELOPMENT DIRECTOR EMPLOYMENT AGREEMENT THIS AGREEMENT is entered into on this _____ day of _____ 2017, by and between

the City of Sumner, Washington, a non-charter optional municipal code city (hereinafter referred

to as “City”), and Ryan Windish, (hereinafter referred to as “Mr. Windish”).

WHEREAS, the City desires to employ the service of Mr. Windish as the Community

Development Director for the City of Sumner, Washington, through its authority provided by the

Personnel Regulations of the City of Sumner and RCW 35A.12.020, and any amendments

thereto; and

WHEREAS, it is the desire of the City Council and Mayor of the City of Sumner to

establish and provide certain benefits, establish and implement certain conditions of employment

and working conditions of the City; and

WHEREAS, the City is currently involved in several large initiatives and projects that

will undoubtedly impact the future of the City’s growth and financial stability; and

WHEREAS, it is the desire of the City to: 1) secure and retain the services of Mr.

Windish and provide incentive for him to remain in an employment relationship with the City; 2)

provide Mr. Windish with peace of mind by ensuring his employment status is secure into the

future; 3) prevent and deter malfeasance or dishonesty by Mr. Windish for his personal gain; and

4) provide a just and transparent means for the termination of Mr. Windish’s services at such

time that he is found to be unable to fully discharge his duties or when the City desires to

terminate his employment; and

NOW, THEREFORE, in consideration of the mutual covenants herein contained, and

consideration which is hereby acknowledged, the City and Mr. Windish agree as follows:

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SECTION 1. EMPLOYMENT

1.0 Commencement of Employment: The City hereby agrees to employ Mr.

Windish as Community Development Director and the City hereby agrees to accept such

employment in accordance with the terms and conditions of this Agreement as hereinafter set

forth and shall. Mr. Windish’s employment in the position described in this paragraph shall

commence on January 1, 2017.

SECTION 2. DUTIES.

2.0 Duties: Mr. Windish shall perform the duties of Community Development

Director as specified in Exhibit “A” to this Agreement, which is attached hereto and hereby

incorporated as if fully set forth herein, , Chapter 35A.12 RCW, the Personnel Regulations of the

City of Sumner and shall perform other legally permissible and proper duties and functions as

the City Administrator shall from time to time assign.

2.1 Outside Employment / Work: Mr. Windish shall be permitted to perform other

work, such as consulting, teaching, writing, or other services performed on his own time,

provided that such activities shall not conflict with the best interests of the City or interfere with

his employment with the City. Should Mr. Windish engage in outside employment, he must

notify the City Administrator prior to commencing said outside employment.

SECTION 3. TERM & TERMINATION.

3.0 Term: Nothing in this agreement shall prevent, limit or otherwise interfere with

the right of the City to terminate the services of Mr. Windish at any time subject only to the

provisions set forth in this Agreement. Mr. Windish may voluntarily resign at any time from his

position with the City, subject only to the provisions set forth in section 3.3 of this Agreement.

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3.1 Employment Status: The Community Development Director is an “at-will”

employee serving at the pleasure of the Mayor.

3.2 Termination for Disability or Inability to Perform: In the event Mr. Windish

becomes mentally or physically incapable, with reasonable accommodation, of performing the

functions and duties required by this Agreement, and it reasonably appears, or is confirmed, that

such incapacity will result in the inability to perform the services of the position, the Mayor is

hereby granted the authority to terminate Mr. Windish. If the Mayor elects to terminate Mr.

Windish due to incapacity, Mr. Windish shall receive severance benefits as provided in Section

4.2, so long as he executes and does not revoke a general release of claims.

3.3 Termination by Community Development Director: If Mr. Windish terminates

this Agreement, he shall be required to give a minimum of thirty (30) days advance written

notice prior to the effective date of his termination, unless the parties otherwise agree in writing.

Mr. Windish shall not be eligible for severance pay in the event of his voluntary resignation.

Section 4. Severance.

Severance: Mr. Windish shall be entitled to severance rights, subject to the limitations set

forth in the preceding sections 3.2 and 3.3, and the following:

Mr. Windish acknowledges that the severance rights provided in this section shall

constitute the sole entitlement to him in the event of termination, and Mr. Windish expressly

waives any and all other rights to severance pay except as provided herein. Nothing in this

paragraph shall be construed as precluding Mr. Windish’s right to contest the grounds or

appropriateness of termination for cause, as further described in sections 4.1 and 5 below, in

Pierce County Superior Court, or any court of competent jurisdiction or to otherwise bring an

action to enforce the provisions of this Agreement.

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4.1 Termination For Cause: If the Mayor terminates Mr. Windish for “cause,” as

defined in Section 5.0 of this Agreement, the City shall not be required to make the severance

payment described herein.

4.1.1 Written Statement Describing Cause; Name-Clearing Hearing: In the

event Mr. Windish is terminated for cause, the City shall provide Mr. Windish with a

written statement describing the cause serving as the basis for the termination and, upon

request by Mr. Windish, shall afford Mr. Windish a name-clearing hearing before the

Mayor at a reasonable time upon reasonable notice. The name-clearing hearing shall not

delay or prevent the City from terminating Mr. Windish and may therefore take place

after the termination has occurred.

4.1.2 No Severance Payment While Under Investigation: In the event Mr.

Windish is under investigation for any of the reasons set forth in Section 5.0 hereof, the

City may withhold part or all of any severance payment afforded Mr. Windish herein

until it is determined if criminal charges will be filed, and if such charges are filed, until

final judgement is rendered; provided, however, that the City may not withhold the

severance payment (if any), in whole or in part, beyond twelve (12) calendar months of

the initiation of an investigation and/or the filing or charges, whichever shall last occur.

4.2 Termination Without Cause: If the Mayor, through the exercise of his/her

discretion, terminates Mr. Windish without cause, Mr. Windish shall be entitled to a lump sum

cash payment equal to four (4) months’ pay, or in the alternative, Mr. Windish shall have the

right to four months written notice of termination.

4.3 Severance Conditioned on Release of Claims: The remittal of any severance

payment by the City pursuant to this Agreement shall be conditioned upon Mr. Windish’s

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execution of a release of claims, and payment shall not occur until after the expiration of the

release revocation period. In the event Mr. Windish declines to execute or revokes the release of

claims, he shall not be entitled to, and expressly waives, any severance payment to which he

would otherwise be entitled.

4.4 No Severance if Termination Initiated By Community Development Director:

Mr. Windish expressly agrees that if he initiates the termination of this Agreement, he shall not

be entitled to any severance payment as the result of the termination of this Agreement, and that

any such voluntary termination must be in accordance with section 3.3 above.

SECTION 5. TERMINATION FOR CAUSE.

5.0 Definition of Cause: The City shall not be obligated to make any severance

payment as described in Section 4 above if Mr. Windish is terminated for cause. For the

purposes of this Agreement “cause” for termination shall include, but is not limited to, the

following:

a. Loss of mental capacity for more than six (6) consecutive months as determined

by a licensed medical practitioner and/or court of competent jurisdiction;

b. Persistent, habitual or willful neglect of job duties;

c. Insubordination (which shall be defined as a repeated failure to carry out a lawful

directive or directives of the Mayor, following notice to Mr. Windish of the

same);

d. Corrupt or willful misconduct in office;

e. Willful malfeasance, or conviction of an illegal act (excepting minor traffic or

moving violations) amounting to an act of dishonesty or moral turpitude (a

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conviction following a plea of nolo contendere is deemed a conviction for

purposes of this Agreement);

f. Willful destruction, theft or misuse of City property;

g. Intoxication while on duty, whether by alcohol, marijuana, prescription or non-

prescription drugs, and in the case of prescription drugs, where they are being

used in a manner not authorized by valid prescription from Mr. Windish’s treating

physician;

h. Inexcusable absence without an authorized leave of absence;

i. Theft or attempted theft;

j. Financial mismanagement of City funds;

k. Material dishonesty;

l. Willful violation of Federal, State or City discrimination and harassment laws

concerning race, religious creed, color, national origin, ancestry, physical

handicap, marital status, sexual orientation, sex or age concerning either members

of the general public or City employee(s) while acting in the course and scope of

employment, while on City premises or time;

m. Willful and unlawful retaliation against any City officer or employee or member

of the general public who in good faith reports, discloses, divulges or otherwise

brings to the attention of any appropriate authority any facts or information

relative to actual or suspected violations of any law occurring on the job or related

directly thereto;

n. Willful violation of any conflict of interest or ethics policies;

o. Engaging in conduct tending to bring embarrassment or disrepute to the City.

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SECTION 6. COMPENSATION.

6.0 Base Compensation: The City agrees to compensate Mr. Windish for his services

in accordance with the adopted 2017 compensation schedule, in an amount of $11,639 per month

(step 5). Further, the City agrees to increase such amount annually by an amount equal to the

annual cost of living increases provided to exempt City employees.

6.1 Deferred Compensation: The City shall contribute to a 457b deferred

compensation plan for Mr. Windish an amount equal to what is provided to non-represented City

employees.

SECTION 7. PERFORMANCE EVALUATION.

7.0 Performance Evaluation: The City Administrator shall review and evaluate the

performance of Mr. Windish no less than annually. Any performance evaluation shall be in

accordance with specific criteria developed jointly by the City Administrator and Mr. Windish.

Such criteria may be added or deleted as the City Administrator may from time to time

determine, in consultation with Mr. Windish.

SECTION 8. HOURS OF WORK.

8.0 Hours of Work: Mr. Windish shall be hired on a full-time work week basis. The

position is classified as exempt and shall not be compensated for overtime work in excess of the

compensation figure established in Section 6 of this Agreement.

SECTION 9. PAID LEAVE.

9.0 Vacation Leave: Mr. Windish shall continue to accrue and may utilize vacation

leave as provided for in Chapter 2.100 SMC (Personnel Policies), as may be amended from time

to time.

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9.1 Sick Leave: Mr. Windish shall continue to accrue and may utilize sick leave as

provided for in Chapter 2.100 SMC (Personnel Policies) for exempt employees, as may be

amended from time to time.

9.2 Holidays: The City shall provide Mr. Windish with and pay for those holidays

(regular and floating) the City recognizes as paid holidays for all exempt City employees, as

described in 2.100.520 SMC, and as may be amended from time to time.

9.3 Other Leave: Mr. Windish is entitled to any other leave currently available or

which shall in the future be provided to non-represented exempt City employees, e.g.

bereavement.

9.4 Leave Cash-out Upon Termination: Upon termination, Mr. Windish is entitled to

cash out any of his un-used vacation and sick leave in accordance with Chapter 2.100 SMC.

SECTION 10. BENEFITS.

10.0 Medical Benefits: The City agrees to provide medical coverage to Mr. Windish,

his spouse and dependent children, and make all required payments for medical, dental, vision,

life, disability, Health Savings Account contributions, Health Reimbursement Account

contributions, and other insurance policies, identical to those provided to non-represented

exempt City employees. The City reserves its right to amend, within its discretion, its medical

coverage provider, and reserves its right to amend the provided plan, and contribution figures, if

any.

10.1 Life & Disability Insurance: The City agrees to provide Mr. Windish the same

level of life and disability insurance as provided to non-represented exempt employees.

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10.2 Cell Phone: The City will provide a cell phone (smartphone) for Mr. Windish’s

use for City business. In lieu of a City-provided cell phone, Mr. Windish may opt to participate

in the City’s cell phone stipend (BYOD) program.

SECTION 11. RETIREMENT.

11.0 Federal Social Security: The City shall pay for Mr. Windish’s federal social

security benefits.

11.1 State Retirement Plan: The City shall contribute into a State retirement plan on

Mr. Windish’s behalf.

SECTION 12. PROFESSIONAL DEVELOPMENT, TRAVEL, DUES AND

MEMBERSHIPS.

12.0 Professional Memberships: The City encourages Mr. Windish’s professional

development and involvement in professional associations and agrees to budget and pay for the

professional dues and subscriptions of Mr. Windish necessary for his full participation in the

professional associations and organizations of his choosing.

12.1 Professional Development: The City will budget for Mr. Windish to attend

reasonably necessary conferences and trainings related to the performance of his duties as

Community Development Director. The City hereby agrees to budget and pay the travel and

subsistence expenses of Mr. Windish for short courses, seminars, professional and official travel,

meetings and occasions which support and advance the professional development of Mr.

Windish, and his official duties for the City. Attendance at conferences shall be at the

convenience of the City and upon the advance approval of the City Administrator.

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SECTION 13. INDEMNIFICATION.

13.0 Indemnification: The City shall bear the full cost of any fidelity or other bonds

required of Mr. Windish under any law or ordinance and provide professional liability insurance

to cover only those actions taken by Mr. Windish during the course and scope of his

employment.

SECTION 14. GENERAL PROVISIONS.

14.0 Confidentiality: Mr. Windish acknowledges and agrees that his position is a

managerial position involving confidential information related to personnel, labor relations, and

legal matters and agrees to protect such confidences at all times.

14.1 Severability: If any provision of this Agreement is held unconstitutional, invalid,

or unenforceable for any reason, the remaining provisions of this Agreement shall not be affected

and shall remain in full force and effect.

14.2 Amendment of Agreement: The parties hereby agree that this Agreement cannot

be amended or modified without the written concurrence of both parties.

14.3 Governing Law: This Agreement shall be governed by and construed in

accordance with the laws of the State of Washington, and venue shall be exclusively in the

Superior Court of Pierce County, unless the parties agree in writing to an alternative dispute

resolution process. In any claim or lawsuit for damages arising from the parties' performance of

this Agreement, each party shall bear its legal costs and attorney's fees incurred in defending or

bringing such claim or lawsuit, except as otherwise provided by law.

14.4 Entire Agreement. The written provisions and terms of this Agreement,

together with any Exhibits attached hereto, shall supersede all prior verbal statements of any

officer or other representative of the City, and such statements shall not be effective or be

33

construed as entering into or forming a part of or altering in any manner this Agreement. All of

the above documents are hereby made a part of this Agreement. However, should any language

in any of the Exhibits to this Agreement conflict with any language contained in this Agreement,

the terms of this Agreement shall prevail.

14.5 Notices: Any notices required to be given by the City to Mr. Windish or by Mr.

Windish to the City shall be in writing and be delivered to the following parties at the following

addresses:

a. City of Sumner Mayor’s Office 1104 Maple Street; Sumner, WA 98390

b. Employee at either: 1104 Maple Street; Sumner, WA 98390, OR 5304 151st Ave Ct E; Sumner, WA 98390

Any notices may be either delivered personally to the addressee of the notice or may be

deposited in the United States mail, postage pre-paid, to the address set forth above. Any notice

so posted in the United States mail shall be deemed received three days after the date of mailing.

IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed as of this _____ day of ______, 2017. CITY OF SUMNER EMPLOYEE _____________________________________ ____________________________________ David Enslow, Mayor Ryan Windish Attest: Approved as to form: _____________________________________ ____________________________________ Michelle Converse, CMC, City Clerk Brett Vinson, City Attorney

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EXHIBIT A

Community Development Director

Bargaining Unit: Non-Union

Class Code: 0120-005

CITY OF SUMNER Revision Date: Aug 20, 2015

SALARY RANGE $9,314.00 - $11,639.00 Monthly

$111,768.00 - $139,668.00 Annually

DESCRIPTION: This is a full-time Fair Labor Standards Act exempt position. The incumbent in this position is not a Civil Service employee. GENERAL PURPOSE: This is administrative and professional work in a wide variety of municipal planning activities, building and construction regulations, permit processing, urban forestry, and other community development services as identified by the City Administrator, including responsibility for planning, organizing, programming, budgeting, coordinating, and directing related functions in accordance with established professional and administrative standards, municipal ordinances and general policies. SUPERVISION RECEIVED: Reports to the City Administrator, City Council and the Mayor. SUPERVISION EXERCISED: The Community Development Director directs supervisory, professional, technical, and clerical staff, directly and indirectly. EXAMPLES OF DUTIES: ESSENTIAL JOB DUTIES AND RESPONSIBILITIES:

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The job duties and responsibilities represented in this job description in way imply that these are the only duties to be performed. Employees occupying the position will be required to follow any other job-related instructions and to perform any other job-related duties requested by a supervisor. While requirements may be representative of minimum levels of knowledge, skills and abilities to perform this job successfully, the employee will possess the abilities or aptitudes to perform each duty with advanced proficiency.

• Lead and supervise a growing department; provide related support to the City Administrator, Mayor, and City Council; prepare and manage goals and budgets; manage design and construction projects; provide interdepartmental coordination; coordinate City-School District Collaboration Agreement implementation; and prepare various plans and policy documents.

• Departmental responsibilities include uniform code compliance, growth management planning, city-wide public information, and transit related grant programs, and current planning.

• Administers the Community Development Department consisting of the following: planning: both long-range and short-range, building and construction permitting, and permit review and support services. Serves as the city's technical advisor and administrator on matters relating to the city planning and development; formulates and recommends comprehensive land use goals and programs to the City Administrator, Mayor, and City Council; assists the City Council with planning and related decisions; assists in developing strategies for dealing with planning issues; ensures compliance with statutory requirements relative to land use and environmental issues; directs preparation and review of environmental impact statements and technical reports and determines final action on environmental issues; serves as the city's responsible official for SEPA compliance.

• Supervises Building Official to ensure compliance with building codes and similar ordinances administers permit issuance system and oversees coordination of review of permit applications and plans with other city departments.

• Directs the development and implementation of community economic and other programs according to applicable regulations. Maintains and implements the City's Urban Forestry strategies through the forestry commission, design and development guidelines through the Design Commission and Cultural Arts strategy through the Arts Commission.

• Conducts performance evaluations of employees. • Serves as the City representative planning meetings; represents the City in various City

and community organizations. • Directs and provides staff assistance to the Planning Commission, Hearing Examiner,

Arts Commission, Forestry Commission, and Design Commission.

Prepare the annual department budget; approves and monitors expenditures of funds, and prepares grant applications.

TYPICAL QUALIFICATIONS:

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DESIRED MINIMUM QUALIFICATIONS: Education and Experience Bachelor's degree in Urban or Regional Planning, Public Administration, Urban Design or related field plus six (6) years or more management and supervisory experience and experience in comprehensive and/or current planning, policy development or related field. Master's degree or graduate level course work or training in Public Administration, Planning, Community Affairs or a related field may substitute for up to two (2) years of required experience. Special Requirements Possession of or the ability to obtain a valid Washington State driver's license at time of appointment. NECESSARY KNOWLEDGE, SKILLS AND ABILITIES: Knowledge of:

• Management principles and methods • Budgeting, programming planning, operations and implementations of community

development programs and projects; • Municipal comprehensive and current planning; • Federal, state, and local laws relating to comprehensive and current planning, growth

management, building standards, and related issues; • Environmental impact assessment; • Permit review and issuance procedures; • Population and land use trends; • Financial, statistical and/or economic analysis; • Basic engineering, traffic circulation and the physical development of land; • Public and cultural arts programs; • Automated information systems; • Architectural and urban design and urban forestry; • Personnel supervision, training and performance evaluation processes, and related city

policies and procedures; • Preparation of annual expenditure budgets.

Ability to:

• Develop and implement policies and procedures for the effective management of the department and plan, assign and direct the work of the department;

• Effectively train, supervise and evaluate department personnel or direct division managers/supervisors, directly or indirectly, in these activities;

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• Work with media and public information technologies and all city staff to develop appropriate public information;

• Effectively present plans, programs and recommendation to the City Administrator, the City Council and the public;

• Establish cooperation and effective communication within the Community Development Department and between other City departments, outside agencies, private organizations and the public;

• Establish and maintain sound management practices within the department and exercise initiative and judgment in all aspects of department management.

• Communicate effectively orally and in writing; • Establish and maintain effective working relationships with staff, other government

officials and agencies, elected officials, administrators and the general public. • Solve problems through innovation, collaboration and solicitation of ideas/input from

other. • Contribute to achieving the City's MVV.

SUPPLEMENTAL INFORMATION: SELECTION GUIDELINES: Formal application, rating of education and experience, oral interview and reference check. Job related testing may be required. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change.

Physical Demands

The physical demands/ work environment described are representative of those that must be met by an employee to successfully perform the essential functions of the job. Requirements may be subject to modifications to reasonably accommodate individuals with disabilities who are otherwise qualified for employment in this position. However, some requirements may exclude individuals who post a direct threat to significant risk to the health and safety of themselves or other employees.

Description of Work Environment: • Work may be performed both indoors and outdoors, in varying conditions where inclement weather may be encountered.

Exposure to dust, chemicals, hazardous fumes and odors. • Position may require call out in support of 24-hour, 7-day a week operation(s).

Amount of Time Spent: Seldom (1-10%)

Occasional (10-30%)

Frequent (30-70%)

Constant (Over 70%)

Non- Applicable

Sitting x Standing x Walking x Running x Driving x Talking/Hearing x Lifting (<10 lbs) x

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If Carrying Weight, How Far: 6 ft Is Weight Worn around the Waist? Yes No Vision Requirements: No Special Vision Requirements Not Applicable Yes, the Following Apply (please check): Close Distance Color Peripheral Depth Perception Night Vision Adjust Focus Small Print

Other: __________________________________ Other Special Physical Requirements: _______________________________________________

Lifting (<25 lbs) x Lifting (25>50 lbs) x Lifting (50>100 lbs) x Carrying (<10 lbs) x Carrying (<25 lbs) x Carrying (25>50 lbs) x Carrying (50>100 lbs) x Pushing/Pulling x Climbing Stairs x Climbing Ladders x Bending at Waist x Twisting at Waist x Kneeling/Squatting x Crawling x Reaching above Shoulder x Repetitive Arm/Hand Movement x Tasting/Smelling x Using Finger, Handle or Feel x

39


SUBJECT: Public Works Director Employment Agreement—Michael Dahlem



ATTACHMENTS: Employment Agreement STAFF CONTACT: John Galle, City Administrator

SUMMARY/BACKGROUND: The Mayor has conducted an extensive review of Mr. Michael Dahlem’s qualifications and desires to appoint him as the Public Works Director. Mr. Dahlem has worked for the City since 2000 as the City Engineer. This experience has positioned him to have a clear understanding of the City’s significant projects and goals. Mr. Dahlem has been serving as Interim Public Works Director since March 2016. Over this time he has demonstrated his ability to perform the job duties. The attached employment agreement would appoint Mr. Dahlem as Public Works Director. The terms of the agreement are consistent with recent employment agreements and the adopted 2017 compensation schedule.

COUNCIL COMMITTEE RECOMMENDATION: None. Qualifications discussed with council in executive session.

STAFF RECOMMENDATION: Move to authorize the Mayor to enter into an employment agreement with Michael Dahlem for the position of Public Works Director in a form substantially approved by the City Attorney.




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PUBLIC WORKS DIRECTOR EMPLOYMENT AGREEMENT THIS AGREEMENT is entered into on this _____ day of _____ 2017, by and between

the City of Sumner, Washington, a non-charter optional municipal code city (hereinafter referred

to as “City”), and Michael Dahlem, (hereinafter referred to as “Mr. Dahlem”).

WHEREAS, the City desires to employ the service of Mr. Dahlem as the Public Works

Director for the City of Sumner, Washington, through its authority provided by the Personnel

Regulations of the City of Sumner and RCW 35A.12.020, and any amendments thereto; and

WHEREAS, it is the desire of the City Council and Mayor of the City of Sumner to

establish and provide certain benefits, establish and implement certain conditions of employment

and working conditions of the City; and

WHEREAS, the City is currently involved in several large initiatives and projects that

will undoubtedly impact the future of the City’s growth and financial stability; and

WHEREAS, it is the desire of the City to: 1) secure and retain the services of Mr.

Dahlem and provide incentive for him to remain in an employment relationship with the City; 2)

provide Mr. Dahlem with peace of mind by ensuring his employment status is secure into the

future; 3) prevent and deter malfeasance or dishonesty by Mr. Dahlem for his personal gain; and

4) provide a just and transparent means for the termination of Mr. Dahlem’s services at such time

that he is found to be unable to fully discharge his duties or when the City desires to terminate

his employment; and

NOW, THEREFORE, in consideration of the mutual covenants herein contained, and

consideration which is hereby acknowledged, the City and Mr. Dahlem agree as follows:

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SECTION 1. EMPLOYMENT

1.0 Commencement of Employment: The City hereby agrees to employ Mr. Dahlem

as Public Works Director and the City hereby agrees to accept such employment in accordance

with the terms and conditions of this Agreement as hereinafter set forth and shall. Mr. Dahlem’s

employment in the position described in this paragraph shall commence on January 1, 2017.

SECTION 2. DUTIES.

2.0 Duties: Mr. Dahlem shall perform the duties of Public Works Director as

specified in Exhibit “A” to this Agreement, which is attached hereto and hereby incorporated as

if fully set forth herein , Chapter 35A.12 RCW, the Personnel Regulations of the City of Sumner

and shall perform other legally permissible and proper duties and functions as the City

Administrator shall from time to time assign.

2.1 Outside Employment / Work: Mr. Dahlem shall be permitted to perform other

work, such as consulting, teaching, writing, or other services performed on his own time,

provided that such activities shall not conflict with the best interests of the City or interfere with

his employment with the City. Should Mr. Dahlem engage in outside employment, he must

notify the City Administrator prior to commencing said outside employment.

SECTION 3. TERM & TERMINATION.

3.0 Term: Nothing in this agreement shall prevent, limit or otherwise interfere with

the right of the City to terminate the services of Mr. Dahlem at any time subject only to the

provisions set forth in this Agreement. Mr. Dahlem may voluntarily resign at any time from his

position with the City, subject only to the provisions set forth in section 3.3 of this Agreement.

3.1 Employment Status: The Public Works Director is an “at-will” employee serving

at the pleasure of the Mayor.

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3.2 Termination for Disability or Inability to Perform: In the event Mr. Dahlem

becomes mentally or physically incapable, with reasonable accommodation, of performing the

functions and duties required by this Agreement, and it reasonably appears, or is confirmed, that

such incapacity will result in the inability to perform the services of the position, the Mayor is

hereby granted the authority to terminate Mr. Dahlem. If the Mayor elects to terminate Mr.

Dahlem due to incapacity, Mr. Dahlem shall receive severance benefits as provided in Section

4.2, so long as he executes and does not revoke a general release of claims.

3.3 Termination by Public Works Director: If Mr. Dahlem terminates this

Agreement, he shall be required to give a minimum of thirty (30) days advance written notice

prior to the effective date of his termination, unless the parties otherwise agree in writing. Mr.

Dahlem shall not be eligible for severance pay in the event of his voluntary resignation.

Section 4. Severance.

Severance: Mr. Dahlem shall be entitled to severance rights, subject to the limitations set

forth in the preceding sections 3.2 and 3.3, and the following:

Mr. Dahlem acknowledges that the severance rights provided in this section shall

constitute the sole entitlement to him in the event of termination, and Mr. Dahlem expressly

waives any and all other rights to severance pay except as provided herein. Nothing in this

paragraph shall be construed as precluding Mr. Dahlem’s right to contest the grounds or

appropriateness of termination for cause, as further described in sections 4.1 and 5 below, in

Pierce County Superior Court, or any court of competent jurisdiction or to otherwise bring an

action to enforce the provisions of this Agreement.

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4.1 Termination For Cause: If the Mayor terminates Mr. Dahlem for “cause,” as

defined in Section 5.0 of this Agreement, the City shall not be required to make the severance

payment described herein.

4.1.1 Written Statement Describing Cause; Name-Clearing Hearing: In the

event Mr. Dahlem is terminated for cause, the City shall provide Mr. Dahlem with a

written statement describing the cause serving as the basis for the termination and, upon

request by Mr. Dahlem, shall afford Mr. Dahlem a name-clearing hearing before the

Mayor at a reasonable time upon reasonable notice. The name-clearing hearing shall not

delay or prevent the City from terminating Mr. Dahlem and may therefore take place

after the termination has occurred.

4.1.2 No Severance Payment While Under Investigation: In the event Mr.

Dahlem is under investigation for any of the reasons set forth in Section 5.0 hereof, the

City may withhold part or all of any severance payment afforded Mr. Dahlem herein until

it is determined if criminal charges will be filed, and if such charges are filed, until final

judgement is rendered; provided, however, that the City may not withhold the severance

payment (if any), in whole or in part, beyond twelve (12) calendar months of the

initiation of an investigation and/or the filing or charges, whichever shall last occur.

4.2 Termination Without Cause: If the Mayor, through the exercise of his/her

discretion, terminates Mr. Dahlem without cause, Mr. Dahlem shall be entitled to a lump sum

cash payment equal to four (4) months’ pay, or in the alternative, Mr. Dahlem shall have the

right to four months written notice of termination.

4.3 Severance Conditioned on Release of Claims: The remittal of any severance

payment by the City pursuant to this Agreement shall be conditioned upon Mr. Dahlem’s

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execution of a release of claims, and payment shall not occur until after the expiration of the

release revocation period. In the event Mr. Dahlem declines to execute or revokes the release of

claims, he shall not be entitled to, and expressly waives, any severance payment to which he

would otherwise be entitled.

4.4 No Severance if Termination Initiated By Public Works Director: Mr. Dahlem

expressly agrees that if he initiates the termination of this Agreement, he shall not be entitled to

any severance payment as the result of the termination of this Agreement, and that any such

voluntary termination must be in accordance with section 3.3 above.

SECTION 5. TERMINATION FOR CAUSE.

5.0 Definition of Cause: The City shall not be obligated to make any severance

payment as described in Section 4 above if Mr. Dahlem is terminated for cause. For the

purposes of this Agreement “cause” for termination shall include, but is not limited to, the

following:

a. Loss of mental capacity for more than six (6) consecutive months as determined

by a licensed medical practitioner and/or court of competent jurisdiction;

b. Persistent, habitual or willful neglect of job duties;

c. Insubordination (which shall be defined as a repeated failure to carry out a lawful

directive or directives of the Mayor, following notice to Mr. Dahlem of the same);

d. Corrupt or willful misconduct in office;

e. Willful malfeasance, or conviction of an illegal act (excepting minor traffic or

moving violations) amounting to an act of dishonesty or moral turpitude (a

conviction following a plea of nolo contendere is deemed a conviction for

purposes of this Agreement);

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f. Willful destruction, theft or misuse of City property;

g. Intoxication while on duty, whether by alcohol, marijuana, prescription or non-

prescription drugs, and in the case of prescription drugs, where they are being

used in a manner not authorized by valid prescription from Mr. Dahlem’s treating

physician;

h. Inexcusable absence without an authorized leave of absence;

i. Theft or attempted theft;

j. Financial mismanagement of City funds;

k. Material dishonesty;

l. Willful violation of Federal, State or City discrimination and harassment laws

concerning race, religious creed, color, national origin, ancestry, physical

handicap, marital status, sexual orientation, sex or age concerning either members

of the general public or City employee(s) while acting in the course and scope of

employment, while on City premises or time;

m. Willful and unlawful retaliation against any City officer or employee or member

of the general public who in good faith reports, discloses, divulges or otherwise

brings to the attention of any appropriate authority any facts or information

relative to actual or suspected violations of any law occurring on the job or related

directly thereto;

n. Willful violation of any conflict of interest or ethics policies;

o. Engaging in conduct tending to bring embarrassment or disrepute to the City.

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SECTION 6. COMPENSATION.

6.0 Base Compensation: The City agrees to compensate Mr. Dahlem for his services

in accordance with the adopted 2017 compensation schedule, in an amount of $11,639 per month

(step 5). Further, the City agrees to increase such amount annually by an amount equal to the

annual cost of living increases provided to exempt City employees.

6.1 Deferred Compensation: The City shall contribute to a 457b deferred

compensation plan for Mr. Dahlem an amount equal to what is provided to non-represented City

employees.

SECTION 7. PERFORMANCE EVALUATION.

7.0 Performance Evaluation: The City Administrator shall review and evaluate the

performance of Mr. Dahlem no less than annually. Any performance evaluation shall be in

accordance with specific criteria developed jointly by the City Administrator and Mr. Dahlem.

Such criteria may be added or deleted as the City Administrator may from time to time

determine, in consultation with Mr. Dahlem.

SECTION 8. HOURS OF WORK.

8.0 Hours of Work: Mr. Dahlem shall be hired on a full-time work week basis. The

position is classified as exempt and shall not be compensated for overtime work in excess of the

compensation figure established in Section 6 of this Agreement.

SECTION 9. PAID LEAVE.

9.0 Vacation Leave: Mr. Dahlem shall continue to accrue and may utilize vacation

leave as provided for in Chapter 2.100 SMC (Personnel Policies), as may be amended from time

to time.

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9.1 Sick Leave: Mr. Dahlem shall continue to accrue and may utilize sick leave as

provided for in Chapter 2.100 SMC (Personnel Policies) for exempt employees, as may be

amended from time to time.

9.2 Holidays: The City shall provide Mr. Dahlem with and pay for those holidays

(regular and floating) the City recognizes as paid holidays for all exempt City employees, as

described in 2.100.520 SMC, and as may be amended from time to time.

9.3 Other Leave: Mr. Dahlem is entitled to any other leave currently available or

which shall in the future be provided to non-represented exempt City employees, e.g.

bereavement.

9.4 Leave Cash-out Upon Termination: Upon termination, Mr. Dahlem is entitled to

cash out any of his un-used vacation and sick leave in accordance with Chapter 2.100 SMC.

SECTION 10. BENEFITS.

10.0 Medical Benefits: The City agrees to provide medical coverage to Mr. Dahlem,

his spouse and dependent children, and make all required payments for medical, dental, vision,

life, disability, Health Savings Account contributions, Health Reimbursement Account

contributions, and other insurance policies, identical to those provided to non-represented

exempt City employees. The City reserves its right to amend, within its discretion, its medical

coverage provider, and reserves its right to amend the provided plan, and contribution figures, if

any.

10.1 Life & Disability Insurance: The City agrees to provide Mr. Dahlem the same

level of life and disability insurance as provided to non-represented exempt employees.

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10.2 Cell Phone: The City will provide a cell phone (smartphone) for Mr. Dahlem’s

use for City business. In lieu of a City-provided cell phone, Mr. Dahlem may opt to participate

in the City’s cell phone stipend (BYOD) program.

SECTION 11. RETIREMENT.

11.0 Federal Social Security: The City shall pay for Mr. Dahlem’s federal social

security benefits.

11.1 State Retirement Plan: The City shall contribute into a State retirement plan on

Mr. Dahlem’s behalf.

SECTION 12. PROFESSIONAL DEVELOPMENT, TRAVEL, DUES AND

MEMBERSHIPS.

12.0 Professional Memberships: The City encourages Mr. Dahlem’s professional

development and involvement in professional associations and agrees to budget and pay for the

professional dues and subscriptions of Mr. Dahlem necessary for his full participation in the

professional associations and organizations of his choosing.

12.1 Professional Development: The City will budget for Mr. Dahlem to attend

reasonably necessary conferences and trainings related to the performance of his duties as Public

Works Director. The City hereby agrees to budget and pay the travel and subsistence expenses

of Mr. Dahlem for short courses, seminars, professional and official travel, meetings and

occasions which support and advance the professional development of Mr. Dahlem, and his

official duties for the City. Attendance at conferences shall be at the convenience of the City and

upon the advance approval of the City Administrator.

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SECTION 13. INDEMNIFICATION.

13.0 Indemnification: The City shall bear the full cost of any fidelity or other bonds

required of Mr. Dahlem under any law or ordinance and provide professional liability insurance

to cover only those actions taken by Mr. Dahlem during the course and scope of his employment.

SECTION 14. GENERAL PROVISIONS.

14.0 Confidentiality: Mr. Dahlem acknowledges and agrees that his position is a

managerial position involving confidential information related to personnel, labor relations, and

legal matters and agrees to protect such confidences at all times.

14.1 Severability: If any provision of this Agreement is held unconstitutional, invalid,

or unenforceable for any reason, the remaining provisions of this Agreement shall not be affected

and shall remain in full force and effect.

14.2 Amendment of Agreement: The parties hereby agree that this Agreement cannot

be amended or modified without the written concurrence of both parties.

14.3 Governing Law: This Agreement shall be governed by and construed in

accordance with the laws of the State of Washington, and venue shall be exclusively in the

Superior Court of Pierce County, unless the parties agree in writing to an alternative dispute

resolution process. In any claim or lawsuit for damages arising from the parties' performance of

this Agreement, each party shall bear its legal costs and attorney's fees incurred in defending or

bringing such claim or lawsuit, except as otherwise provided by law.

14.4 Entire Agreement. The written provisions and terms of this Agreement,

together with any Exhibits attached hereto, shall supersede all prior verbal statements of any

officer or other representative of the City, and such statements shall not be effective or be

construed as entering into or forming a part of or altering in any manner this Agreement. All of

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the above documents are hereby made a part of this Agreement. However, should any language

in any of the Exhibits to this Agreement conflict with any language contained in this Agreement,

the terms of this Agreement shall prevail.

14.5 Notices: Any notices required to be given by the City to Mr. Dahlem or by Mr.

Dahlem to the City shall be in writing and be delivered to the following parties at the following

addresses:

a. City of Sumner Mayor’s Office 1104 Maple Street; Sumner, WA 98390

b. Employee at either: 1104 Maple Street; Sumner, WA 98390, OR 25712 157th St E; Buckley, WA 98321

Any notices may be either delivered personally to the addressee of the notice or may be

deposited in the United States mail, postage pre-paid, to the address set forth above. Any notice

so posted in the United States mail shall be deemed received three days after the date of mailing.

IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed as of this _____ day of ______, 2017. CITY OF SUMNER EMPLOYEE _____________________________________ ____________________________________ David Enslow, Mayor Michael Dahlem Attest: Approved as to form: _____________________________________ ____________________________________ Michelle Converse, CMC, City Clerk Brett Vinson, City Attorney

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EXHIBIT A

Public Works Director

Bargaining Unit: Non-Union

Class Code: 0120-001

CITY OF SUMNER Revision Date: Aug 20, 2015

SALARY RANGE $9,112.00 - $11,433.00 Monthly

$109,344.00 - $137,196.00 Annually

DESCRIPTION: This is a full-time, Fair Labor Standards Act overtime exempt position. The regular work schedule for the Public Works Director is Monday through Friday, 8:00am to 5:00pm. Attendance at Council meetings is mandatory. Union membership (or lawful membership alternative) is not required. The incumbent in this position is not a Civil Service employee. GENERAL PURPOSE This is a highly responsible supervisory, administrative and professional engineering position directing and managing the activities of the City of Sumner's Public Works Department, including streets, water, sewer and storm drainage utilities. SUPERVISION Under the general supervisory direction of the City Administrator, the Public Works Director assumes responsibility for carrying out departmental operations in accordance with federal, state, and city laws and general city policy. Initiative and judgment are used in providing expert advice and policy recommendations to the City Administrator, City Council and Mayor. Work is reviewed through periodic reports on the status of programs and operations. SUPERVISION EXCERCISED The incumbent directs supervisory, professional, technical, and clerical staff, directly and indirectly.

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EXAMPLES OF DUTIES: ESSENTIAL JOB DUTIES AND RESPONSIBILITIES: The job duties and responsibilities represented in this job description in no way imply that these are the only duties to be performed. Employees occupying the position will be required to follow any other job-related instructions and to perform any other job-related duties requested by a supervisor. While requirements may be representative of minimum levels of knowledge, skills and abilities to perform this job successfully, the employee will possess the abilities or aptitudes to perform each duty with expert proficiency. Lead and supervise a growing department; provide related support to the City Administrator, Mayor, and City Council; prepare and manage goals and budgets; manage design and construction projects; provide interdepartmental coordination and prepare various plans and policy documents. Departmental responsibilities include administering, planning, organizing, coordinating and directing all phases of the municipal engineering, street maintenance, water and storm drainage utilities, and wastewater treatment plan programs in accordance with professional standards, municipal ordinances, rules and regulations; preparing street and/or utility plans and specifications, environmental impact statements, and reviewing the work of consulting engineers; preparing various reports, grants and applications as may be required. Oversees the development and/or update of the City Transportation Improvement Program (T.I.P.), Comprehensive Sewer Plan, Comprehensive Water Plan, the Capital Improvement Program and other plans involving the municipal infrastructure. Work will involve considerable contact with State agencies, County departments, private contractors, engineering consulting firms and the general public.

TYPICAL QUALIFICATIONS:

KNOWLEDGE, ABILITIES AND SKILLS Knowledge of:

• Management principles and methods; • Budgeting, programming planning, operations and implementations of public works

programs and projects; • Municipal comprehensive and current planning; • Federal, state, and local laws relating to public works administration, planning, design,

growth management, building standards, and related issues; • Environmental impact assessment; • Basic engineering, traffic circulation and the physical development of land; • Automated information systems;

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• Personnel supervision, training and performance evaluation processes, and related city policies and procedures;

• Preparation of annual expenditure budgets.

Ability to:

• Develop and implement policies and procedures for the effective management of the department and plan, assign and direct the work of the department;

• Effectively train, supervise and evaluate department personnel or direct division managers/supervisors, directly or indirectly, in these activities;

• Work with media and public information technologies and all city staff to develop appropriate public information;

• Effectively present plans, programs and recommendation to the City Administrator, the City Council and the public;

• Establish cooperation and effective communication within the Public Works Department and between other City departments, outside agencies, private organizations and the public;

• Establish and maintain sound management practices within the department and exercise initiative and judgment in all aspects of department management;

• Communicate effectively orally and in writing; • Establish and maintain effective working relationships with staff, other government

officials and agencies, elected officials, administrators and the general public; • Contribute to achieving the City's Mission; • Solve problems through innovation, collaboration and solicitation of ideas/input from

other.

EDUCATION AND EXPERIENCE Bachelor's degree in Civil Engineering, Public Administration, or related field plus six (6) years or more management and supervisory experience and experience in public works administration or related field. SPECIAL QUALIFICATIONS Registration as a Professional Engineer in the State of Washington at the time of appointment. Possession of, or the ability to obtain a valid Washington State driver's license at time of appointment. SUPPLEMENTAL INFORMATION:

SELECTION GUIDELINES: Formal application, rating of education and experience, oral interview and reference check; job-related tests may be required. The job description does not constitute an employment agreement between the employer and

54

employee and is subject to change by the employer as the needs of the employer and requirements of the job change.

Physical Demands

The physical demands/ work environment described are representative of those that must be met by an employee to successfully perform the essential functions of the job. Requirements may be subject to modifications to reasonably accommodate individuals with disabilities who are otherwise qualified for employment in this position. However, some requirements may exclude individuals who post a direct threat to significant risk to the health and safety of themselves or other employees.

Description of Work Environment: • Work may be performed both indoors and outdoors, in varying conditions where inclement weather may be encountered.

Exposure to dust, chemicals, hazardous fumes and odors. • Position may require call out in support of 24-hour, 7-day a week operation(s).

If Carrying Weight, How Far: 6 ft Is Weight Worn around the Waist? Yes No Vision Requirements: No Special Vision Requirements Not Applicable Yes, the Following Apply (please check): Close Distance Color Peripheral Depth Perception Night Vision Adjust Focus Small Print

Other: __________________________________ Other Special Physical Requirements: _______________________________________________

Amount of Time Spent: Seldom (1-10%)

Occasional (10-30%)

Frequent (30-70%)

Constant (Over 70%)

Non- Applicable

Sitting x Standing x Walking x Running x Driving x Talking/Hearing x Lifting (<10 lbs) x Lifting (<25 lbs) X Lifting (25>50 lbs) x Lifting (50>100 lbs) x Carrying (<10 lbs) x Carrying (<25 lbs) X Carrying (25>50 lbs) x Carrying (50>100 lbs) x Pushing/Pulling X Climbing Stairs x Climbing Ladders X Bending at Waist x Twisting at Waist x Kneeling/Squatting x Crawling x Reaching above Shoulder x Repetitive Arm/Hand Movement x Tasting/Smelling x Using Finger, Handle or Feel x

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SUBJECT: Utility Fund Surplus

CATEGORY: BUDGET IMPACT: None


ATTACHMENTS: None

STAFF CONTACT: Jason Wilson, Administrative Services Director

SUMMARY/BACKGROUND: The City desires to surplus property that was purchased with utility funds. The equipment includes:

Item Purchasing Fund

Estimated Value

Recommended Surplus Method

Load Lifter 2 ton overhead crane Sewer $200.00 Auction after PH Coffing 4 ton overhead crane Sewer $200.00 Auction after PH Wacker BS60Y gas powered tamper SN: 750901271 Water/Sewer/

Storm $75.00 Auction after PH

Stinger hot water pressure washer Water/Sewer/ Storm

$75.00 Auction after PH

Gas powered paint sprayer Water/Sewer/ Storm

$50.00 Auction after PH

John Deere 310D Backhoe SN: T0310DG784564 Water/Sewer/ Storm

$12,500.00 Auction after PH

The equipment is no longer used on a regular basis, needs repair and is not economically repairable. Because the items were purchased with utility funds it requires a public hearing prior to surplus. Council will consider a resolution on February 6, 2017 authorizing the surplus.

COUNCIL COMMITTEE RECOMMENDATION: Finance Committee reviewed the surplus list on January 17, 2017.

STAFF RECOMMENDATION: None—Public Hearing only.




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SUBJECT: Sound Transit Agreement

CATEGORY: BUDGET IMPACT: n/a

CONSENT ORDINANCE Amount Budgeted: RESOLUTION PUBLIC HEARING Expenditure Amt.: MOTION OTHER Contingency Req’d:

ATTACHMENTS: Funding agreement between the City of Sumner and the Central Puget Sound Regional Transit Authority (Sound Transit)

STAFF CONTACT: City Administrator John Galle

SUMMARY/BACKGROUND: In April, 2016, the Sumner City Council agreed to a list of priorities for the Sumner Station Access Project, which were detailed in a letter to Sound Transit on April 25, 2016. The City of Sumner and Sound Transit have been working jointly on an agreement regarding funding for the Traffic Avenue / SR410 interchange and other non-motorized elements related to the project. This agreement recognizes the need for coordination between the Station Access Project and the Traffic Avenue Project and provides for phased funding of the $5M commitment from Sound Transit for the interchange improvements. The agreement also details funding for sidewalk and lighting improvements, as well as specifies coordination with the Sumner Arts Commission and City Council for administration of the 1% for the arts. Sumner staff are supportive of this agreement and believe it reflects the partnership between Sound Transit and the City. Improvements must be completed in nine years.

COUNCIL COMMITTEE RECOMMENDATION: Review at Study Session on January 9, 2017.

STAFF RECOMMENDATION: Vote to permit the Mayor to enter into a funding agreement with Sound Transit for non-motorized elements of the Traffic Avenue Project (interchange) and sidewalk and lighting improvements for the Sumner Access Project.




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FUNDING AGREEMENT BETWEEN THE CITY OF SUMNER AND

THE CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY

FOR

NON-MOTORIZED ELEMENTS OF THE TRAFFIC AVENUE PROJECT AND SIDEWALK AND LIGHTING IMPROVEMENTS FOR

THE SUMNER STATION ACCESS PROJECT

THIS AGREEMENT (“Agreement”), effective this ___ day of ________, 2017, is entered into between the City of Sumner (“the City”), a Washington municipal corporation, and the Central Puget Sound Regional Transit Authority(“Sound Transit”), a regional transit authority of the State of Washington, for the purposes set forth below. The City and Sound Transit are collectively referred to hereafter as “the Parties” or individually as a “Party.”

RECITALS

WHEREAS, Sound Transit completed the environmental review for the Sumner Station Access Improvements Project (“Station Access Project”) in accordance with the National and State Environmental Policy Acts (“NEPA” and “SEPA”), along with the conceptual engineering phase of the Station Access Project. In May 2016, the Sound Transit Board adopted Motion R2016-13 selecting the bicycle, pedestrian, and parking access improvements to be built for the Station Access Project;

WHEREAS, the Station Access Project improvements consist of a new parking garage at the Sumner Station with up to approximately six hundred twenty-three (623) spaces, bringing the total number of spaces to approximately eight hundred fifty seven (857) spaces, and pedestrian and bicycle improvements within the vicinity of the Sumner Station including curb ramps, sidewalks and street lighting;

WHEREAS, the Traffic Avenue Overpass/SR 410 Interchange Improvements Project (”Traffic Avenue Project”) is a separate project led by the City in partnership with the Washington State Department of Transportation (“WSDOT”) and Sound Transit. The interchange is a primary source of congestion within the City, and the Traffic Avenue Project would provide better access for motorized and non-motorized users of the Sumner Station. The Traffic Avenue Project is not part of or required by the Station Access Project, although the projects would be closely coordinated as described in Section 3.3 of the Term Sheet between Sound Transit and the City executed on January 8, 2015;

WHEREAS, the Traffic Avenue Project is in the initial conceptual design stage. The City is the SEPA lead agency for the Traffic Avenue Project. The City performed programmatic SEPA review for its Transportation Plan including the Traffic Avenue Project in a Supplemental Environmental Impact Statement (“SEIS”) for its 2015 Comprehensive Plan Update, and it published notice of the availability of the final SEIS and the City’s adoption of its Transportation Plan on August 6, 2015. The City will complete project-level environmental review for the Traffic Avenue Project when the principal features of the project have been identified. Nothing

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in this agreement commits to a final action or limits the choice of reasonable alternatives with respect to the completion of the Traffic Avenue Project;

WHEREAS, pursuant to Sound Transit Board Resolution R2016-13, Sound Transit would contribute five million dollars ($5,000,000) for non-motorized improvements to the Traffic Avenue Project;

WHEREAS, the City and Sound Transit have determined that the most cost effective means of constructing the sidewalk and lighting components in the station area is for Sound Transit to pay the City to construct those improvements;

WHEREAS, the City has received funding to begin design on the Traffic Avenue Project; and

WHEREAS, the City will continue to actively seek grant funding to complete the Traffic Avenue Project.

NOW THEREFORE, in consideration of the terms, conditions, and covenants contained herein, it is mutually agreed that:

1. Purpose. This Agreement provides for the partial funding of non-motorized improvements related to the Traffic Avenue Project, depicted in Exhibit A, and for the City to design and construct sidewalk and lighting facilities included in the Station Access Project. The parties have prepared cost estimates for such improvements and agree that the dollar amounts listed in this Agreement are reasonable costs for those improvements.

2. Description and Location of Traffic Avenue Project. The initial concept design for the Traffic Avenue Project is as depicted in Exhibit A. The proposed Traffic Avenue Project schedule is shown in Exhibit B. The Traffic Avenue Project non-motorized improvements subject to Sound Transit contributions include the following:

• A 6' Sidewalk (Westside)

• A Multipurpose Ped/Bike Path (Eastside)

The City will consider and incorporate additional non-motorized connectivity improvements to support Project connections to surrounding trail and transit facilities.

2.1. Traffic Avenue Project Environmental Review. The City is the “Lead Agency” for purposes of the Traffic Avenue Project compliance with SEPA, Ch. 43.21C RCW. The City will complete the required environmental documentation for SEPA and NEPA, design and obtain the necessary permits to construct the Traffic Avenue Project. The City, acting as project administrator during the design and environmental process, is solely responsible for the design, permitting and environmental documentation. The parties acknowledge that programmatic level SEPA review has been conducted for the Traffic Avenue Project in conjunction with the City’s adoption of its 2015 Comprehensive Plan Update and Transportation Plan, and that additional, project-level SEPA review shall be conducted once the principal features of the proposal are sufficiently identified to perform project-level SEPA review. The Sound Transit funding stages provided below are intended to correspond to design development and phased SEPA review.

The City will coordinate with Sound Transit in preparing environmental documents to ensure that SEPA review is adequate to support consideration of a final action by the Sound Transit Board to authorize Sound Transit funding for the Traffic Avenue Project.

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3. Project Administration and Funding.

3.1 Traffic Avenue Project. The parties acknowledge that WSDOT, or the City, will serve as the Traffic Avenue Project administrator for construction and construction management, and will be solely responsible for managing all construction activities, bidding, and construction administration, as well as ownership of the facilities after construction. The City shall comply with all applicable federal funding provisions. The City shall notify and consult with Sound Transit's designated representative prior to any substantive changes to the non-motorized elements of the Traffic Avenue Project.

The City shall be responsible for obtaining funding to complete the Traffic Avenue Project and shall prioritize using grant funding. As a partner, Sound Transit will, to the best of its efforts, assist the City by providing letters, testimony, and other needed support to obtain funding. Sound Transit would provide a total of five million dollars ($5,000,000) to the Traffic Avenue Project as provided in this Agreement.

3.1.1 Sound Transit will pay the City an amount not to exceed one hundred fifty thousand dollars ($150,000) for Traffic Avenue Project preliminary engineering and environmental analysis in accordance with Section 4.1.1. If the full amount is not used for this phase, it may be applied to the phases described in Section

3.1.2 Within sixty (60) days of the City’s completion of the environmental review for the Traffic Avenue Project, Sound Transit staff will bring to the Sound Transit Board for its consideration an action authorizing additional funding for the Traffic Avenue Project. If approved by the Board, Sound Transit will pay the City four million eight hundred fifty thousand dollars ($4,850,000) for final design and construction of the non-motorized improvements associated with the Traffic Avenue Project generally shown in Exhibit A and as described below:

a. Final Design Phase Funding = one million five hundred twenty-three thousand dollars ($1,523,000) would be paid in accordance with Section 4.1.2. If the full amount is not used for this phase, remaining funds may be applied to the Construction Phase.

b. Construction Phase Funding = three million three hundred twenty-seven thousand dollars ($3,327,000) would be paid in accordance with Section 4.1.3.

3.2. Station Access Project Sidewalk and Lighting Improvements. The City will design, construct, and own the pedestrian and lighting improvements identified in Sound Transit’s Station Access Project. Sound Transit will approve the specific improvements proposed by the City, confirm they are consistent with the March 2016 SEPA Mitigated Determination of Non-Significance (“MDNS”) and pay the City two million five hundred fifty thousand dollars ($2,550,000) for the design and construction as described below and in accordance with Section 4.1.4.

a. Sidewalk and ADA improvements within the station area to improve pedestrian access: Two million one hundred thousand dollars ($2,100,000)

b. Lighting improvements for pedestrian routes with the station area: four hundred fifty thousand dollars ($450,000)

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3.3 Sound Transit’s STart program specifies one percent (1%) of eligible capital improvement project funds be set aside for the commission, purchase, and installation of artwork in a variety of settings. The Station Access Project will have such funds allotted. Sound Transit, as lead for the STart program, will collaborate closely with the Sumner Arts Commission and the Sumner City Council for use of the one percent (1%) arts funding associated with the Station Access Project.

3.4 Coordination of the Station Access Project and the Traffic Avenue Project. Pursuant to Section 3.3 of the Term Sheet between Sound Transit and the City executed on January 8, 2015 the Parties agree to the following:

a. The Station Access Project construction will be sequenced in coordination with the funding, design, and construction of the Traffic Avenue Project as agreed to by the Parties.

b. Any opening of the Station Access Project parking garage for use by the public, prior to the completion of the Traffic Avenue Project, will only occur by coordination and written agreement of the Parties.

4. Invoicing.

4.1 The City shall submit invoices and supporting documentation for Sound Transit's contribution payments. The invoices must include the appropriate purchase order number, which will be provided by Sound Transit after execution of this Agreement, a cover memo as described in Exhibit D, and supporting documentation detailing the work completed and associated costs.

4.1.1 The City may submit invoices for the Traffic Avenue Project Preliminary Engineering and Environmental Phase Funding described in Section 3.1.1 upon execution of this Agreement.

4.1.2 The City may submit invoices for the Traffic Avenue Project Final Design Phase Funding described in Section 3.1.2(a) upon the Sound Transit Board authorization described in Section 3.1.2.

4.1.3 The City may submit invoices for the Traffic Avenue Project Construction Phase Funding described in Section 3.1.2(b) upon the issuance of a Notice to Proceed to a construction contractor that includes the construction of the non-motorized elements of the Traffic Avenue Project improvements, provided that the Sound Transit Board authorization described in Section 3.1.2 has also previously occurred.

4.1.4 The City may submit invoices for the pedestrian and lighting improvements related to the Station Access Project as described in and meeting the conditions of Section 3.2.2.

4.2 The City shall submit its invoices with the required documentation via email or mail to [email protected], or Sound Transit, Accounts Payable, 401 S. Jackson St., Seattle, WA 98104-2826. Invoices are payable thirty (30) days upon Sound Transit's receipt of the invoice and acceptable documentation.

4.3 If Sound Transit determines that an invoice lacks sufficient documentation to support payment, Sound Transit will notify the City of its determination and request that the City provide additional documentation. Sound Transit may withhold payment for contested portions of the

61

invoice until supporting documentation for the contested portions are provided, however such approval shall not be unreasonably withheld.

5. Records Retention and Audit. During the period of construction and for a period not less than three (3) years, or that period established by the State Archivist, from the date of final payment to the City, records and accounts pertaining to subjects of this Agreement and accounting are to be kept available for inspection and audit by representatives of Sound Transit, the State of Washington, and the federal government. Copies of the records shall be furnished to Sound Transit upon request and shall be maintained in accordance with a work order accounting procedure prescribed by the Division of Municipal Corporations of the State Auditor's Office.

6. Signage. Signage that is used during construction of the Traffic Avenue Project shall identify Sound Transit as a funding partner.

7. Dispute Resolution.

7.1 The parties agree that neither party shall take or join any action in any judicial, or administrative forum to challenge actions of the other party associated with this Agreement or the Traffic Avenue Project, except as set forth in this Agreement.

7.2 Any disputes or questions of interpretation of this Agreement that may arise between Sound Transit and the City shall be governed under the dispute resolution provisions in this Agreement. The parties agree that cooperation and communication are essential to resolving issues efficiently. The parties agree to exercise their best efforts to resolve any disputes that may arise through this dispute resolution process.

7.3 The parties agree to use their best efforts to prevent and resolve potential sources of

conflict at the lowest level. 7.4 The parties agree to use their best efforts to resolve disputes arising out of or related to

this Agreement using good faith negotiations by engaging in the following dispute escalation process should any such disputes arise:

(a) Level One - Sound Transit’s Designated Representative and the City’s Designated

Representative shall meet to discuss and attempt to resolve the dispute in a timely manner. If they cannot resolve the dispute within fourteen (14) calendar days after referral of that dispute to Level One, either party may refer the dispute to Level Two.

(b) Level Two - Sound Transit’s Executive Director of Design, Engineering, and

Construction, or Designee and the City’s City Administrator, or Designee, shall meet to discuss and attempt to resolve the dispute, in a timely manner. If they cannot resolve the dispute within fourteen (14) business days after referral of that dispute to Level Two, either party may refer the dispute to Level Three.

(c) Level Three - Sound Transit’s Chief Executive Officer or Designee and the City

Manager or Designee shall meet to discuss and attempt to resolve the dispute in a timely manner.

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7.5 Except as otherwise specified in this Agreement, in the event the dispute is not resolved at Level Three within fourteen (14) calendar days after referral of that dispute to Level Three, the parties are free to file suit, seek any available legal remedy, or agree to alternative dispute resolution methods such as mediation. At all times prior to resolution of the dispute, the parties shall continue to perform any undisputed obligations and make any undisputed required payments under this Agreement in the same manner and under the same terms as existed prior to the dispute. Notwithstanding anything in this Agreement to the contrary, neither party has an obligation to agree to refer the dispute to mediation or other form of dispute resolution following completion of Level Three of the process described herein. Such agreement may be withheld for any reason or no reason.

8. Insurance. During the Traffic Avenue Project’s construction phase, the City and WSDOT shall provide primary insurance coverage in the amounts that it deems necessary for construction Traffic Avenue Projects of similar size and cost. If the City is self-insured, it shall provide to Sound Transit's risk manager a certificate of self-insurance. The City and WSDOT shall require their contractor(s) to obtain and maintain insurance in amounts and types suitable to protect Sound Transit and the City from exposures presented by the work performed under this Agreement.

The minimum insurance requirements during the entire term of this Agreement are set forth below:

(a) Commercial General Liability in the amount of one million dollars ($1,000,000) each occurrence limit, two million dollars ($2,000,000) general aggregate limit, covering bodily injury including death, personal injury, property damage, Employers' Liability and contractual coverage endorsements, and utilize insurers and coverage forms acceptable to Sound Transit.

(b) Commercial Auto Liability coverage for bodily injury and property damage utilizing insurers and coverage forms acceptable to Sound Transit, with a limit of at least one million dollars ($1,000,000) per accident/occurrence.

(c) Worker's Compensation insurance coverage, where applicable, shall comply with State of Washington Labor and Industries requirements.

(d) Builders Risk coverage will be the responsibility of all contractors and subcontractors.

(e) Pollution Liability (if there is any potential environmental liability exposure) in the amount of one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) aggregate.

Certificates of insurance shall name Sound Transit and the City as an "Additional Insured," and shall reference the number and title of this Agreement. Certificates of Insurance will be provided to Sound Transit and the City prior to the start of any work performed under this Agreement.

All insurance coverage obtained by the City and WSDOT or their contractors and subcontractors shall name Sound Transit, its officers and employees as "additional insured's" and contain

63

"severability of interest" (cross liability) provisions. The City's and the contractor's insurance policies shall be primary to and not contributing with any insurance or self-insurance that may be carried by Sound Transit.

The City shall be responsible for providing notice to WSDOT of the "additional insured" requirements of this insurance section to allow the State to include them in construction bid documents.

9. Indemnification.

To the maximum extent permitted by law, each Party to this Agreement shall protect, defend, indemnify, and save harmless the other Party, its officers, employees, contractors, subcontractors, agents, and invitees, from any and all claims, demands, suits, actions, and liability of any kind, including death or injuries to persons or damages to property, which arise out of, are connected with, or are due to any errors, omissions or negligent acts of the indemnifying party, its employees, agents, and representatives related to the design, construction, maintenance, operation and use of the Traffic Avenue Project improvements; provided that no Party shall be required to indemnify the other Party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the other Party seeking indemnity. Where such claims, suits, or actions result from concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the indemnifying Party's own negligence. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to each of the other Party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW. In the event that a Party incurs any judgment, award, and/or cost arising there from, including attorneys' fees, to enforce the provisions of this section, the Party's reasonable fees, expenses, and costs shall be recoverable from the other Party. This indemnification shall survive the termination of this Agreement.

10. Default.

10.1 Sound Transit may terminate this Agreement if construction of the non-motorized elements of the Traffic Avenue Project or if the sidewalk and lighting improvements associated with the Station Area Project are not completed within nine (9) years of the date of execution of this Agreement unless otherwise mutually agreed by the Parties. If this Agreement is terminated under this Subsection, the City shall reimburse Sound Transit the full amount of all payments associated with the incomplete improvements made to the City pursuant to this Agreement within ninety (90) days of the date of termination.

11.1 Compliance with Law. The City and Sound Transit shall comply, and shall ensure its contractors comply, with all federal, state and local laws, regulations, and ordinances applicable to the work and services performed under this Agreement, including but not limited to, all applicable public works and procurement laws and regulations, including, but not limited to, bonding, prevailing wage, nondiscrimination, retainage, insurance, and workers compensation requirements. The City shall comply with all applicable requirements of its federal funding agency. 12.0 Designated Representatives. 12.1 To promote effective intergovernmental cooperation and efficiencies, each party shall

64

designate a representative (“Designated Representative”) who shall be responsible for coordination of communications between the parties and shall act as the point of contact for each party. The Designated Representatives shall communicate regularly to discuss the status of the tasks to be performed, identify upcoming Traffic Avenue Project decisions and any information or input necessary to inform those decisions, and to resolve any issues or disputes related to the Traffic Avenue Project, consistent with Section 7 of this Agreement. 12.2 Communication of issues, changes, or problems that may arise with any aspect of the

Traffic Avenue Project should occur as early as possible in the process, and not wait for specific due dates or deadlines. The Designated Representatives shall use reasonable efforts to provide up-to-date and best available information to the other party promptly after such information is obtained or developed.

12.3 Each Designated Representative is also responsible for coordinating the input and work

of its agency, consultants, and staff as it relates to the objectives of this Agreement. The parties reserve the right to change Designated Representatives, by written notice to the other party during the term of this Agreement. Each party’s Designated Representative is identified in Exhibit C, attached and incorporated herein.

13.0 General Provisions.

13.1 The parties shall not unreasonably withhold requests for information, approvals or

consents provided for in this Agreement; provided, however, that approvals or consents required to be given by vote of the Sound Transit Board or the Sumner City Council are recognized to be legislative actions. The parties agree to take further actions and execute further documents, either jointly or within their respective powers and authority, to implement the intent of this Agreement. The City and Sound Transit agree to work cooperatively with each other to achieve the mutually agreeable goals as set forth in this Agreement.

13.2 This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of Washington. Venue for any action under this Agreement shall be King County, Washington.

13.3 This Agreement shall be binding upon and inure to the benefit of the successors and

assigns of the City and Sound Transit. 13.4 Time is of the essence in every provision of this Agreement. Unless otherwise set forth in

this Agreement, the reference to “days” shall mean calendar days. If any time for action occurs on a weekend or legal holiday, then the time period shall be extended automatically to the next business day.

13.5 This Agreement is made and entered into for the sole protection and benefit of the parties

hereto and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

65

13.6 No joint venture or partnership is formed as a result of this Agreement. No employees, agents or subcontractors of one party shall be deemed, or represent themselves to be, employees of any other party.

13.7 This Agreement has been reviewed and revised by legal counsel for all parties and no

presumption or rule that ambiguity shall be construed against the party drafting the document shall apply to the interpretation or enforcement of this Agreement. The parties intend this Agreement to be interpreted to the full extent authorized by applicable law.

13.8 Each party shall be responsible for its own costs, including legal fees, incurred in

negotiating or finalizing this Agreement, unless otherwise agreed in writing by the parties.

13.10 This Agreement, including its exhibits, may be amended only by a written instrument

executed by each of the parties hereto. 13.11 This Agreement constitutes the entire agreement of the parties with respect to the subject

matters of this Agreement, and supersedes any and all prior negotiations, oral and written, understandings and agreements with respect hereto.

13.12 Section headings are intended as information only, and shall not be construed with the

substance of the section they caption. 13.13 In construction of this Agreement, words used in the singular shall include the plural and

the plural the singular, and “or” is used in the inclusive sense, in all cases where such meanings would be appropriate.

13.14 This Agreement may be executed in several counterparts, each of which shall be deemed

an original, and all counterparts together shall constitute but one and the same instrument. IN WITNESS WHEREOF, each of the Parties has executed this Agreement by having its authorized representative affix her/his name in the appropriate space below: CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY By:

Peter M. Rogoff, Chief Executive Officer

Date:

CITY OF SUMNER By: David Enslow, Mayor Date:

66

Approved as to form: By:

Stephen G. Sheehy, Senior Legal Counsel

Approved as to form: By:

Brett Vinson, City Attorney

Exhibit List:

Exhibit A Traffic Avenue Interchange Bridge Section

Exhibit B Traffic Avenue Interchange Project Schedule

Exhibit C Designated Representatives

Exhibit D Invoice Form

67

Exhibit C

Designated Representatives

Sound Transit:

Ken Lee Senior Project Manager 401 S. Jackson St. Seattle, WA 98104-2826 Email address: [email protected] Telephone number: 206-903-7733

City of Sumner:

Mike Dahlem Interim Public Works Director 1104 Maple Street, Suite 260 Sumner WA 98390 Email address: [email protected] Telephone number: 253-299-5702

70

mailto:.lee@sound

Exhibit D

Invoice Form

Invoice No. _____ Dated: _________

TO: Sound Transit Accounts Payable 401 S Jackson Street Seattle, WA 98104

[email protected]

Attention: Accounts Payable and [Sound Transit’s Designated Representative]

Re: Sumner Station Access Project and Traffic Avenue Project Non-Motorized Improvements

The City’s authorized representative certifies that the amount of $_______ is due and payable to the City in accordance with the provisions of the Agreement, as supported by the attached invoice and supporting documentation.

[Identify the phase(s), and the amounts by phase, for which the amount due applies]

The City makes the following representations and warranties to Sound Transit in connection with the Invoice:

• All work performed to date has been, unless otherwise specifically stated by the City, performed in accordance with the terms and conditions of this Agreement.

• The amount specified above has been computed in accordance with, and is due and payable under, the terms and conditions of the Agreement, has not been the subject of any previous invoice (unless disputed or rejected for payment) and is not the subject of any pending invoice from the City.

Any liability of Sound Transit arising from these representations and warranties are governed by the terms and conditions of the Agreement.

City of Sumner

By: __________________________________ Date: _________________

[Name, Position]

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January 2017

Monday Tuesday Wednesday Thursday Friday Saturday 2 3 4 5 6 7

RECOGNIZED HOLIDAY

CITY HALL CLOSED

7:00 PM Council Meeting (Council Chambers)

4:00 PM Public Works Committee (Main Conference Room)

7:00 PM Planning Commission (Council Chambers)

9 10 11 12 13 14 6:00PM Study Session (Council Chambers)

5:00 PM CD/Parks Committee (Council Chambers)

6:30 PM Design Commission (Council Chambers)

4:30 PM Forestry/Parks Commission (Main Conf Rm)

16 17 18 19 20 21

RECOGNIZED HOLIDAY CITY HALL CLOSED

5:30 PM Finance Committee (Council Chambers) 7:00 PM Council Meeting (Council Chambers)

5:00 PM Public Safety Committee (Chambers) 7:00 PM Planning Commission (Council Chambers)

23 24 25 26 27 28 6:00PM Study Session (Council Chambers)

6:00 PM Arts Commission (Council Chambers)

30 31

Meeting dates and times may change. Please contact City Hall to confirm this information prior to any meeting you plan to attend. These meetings are accessible to persons with disabilities. For individuals who require special accommodations, please contact City Hall at (253) 299-5500, 24 hours in advance. Name: Michelle Converse, CMC Title: City Clerk

City of Sumner 1104 Maple Street Sumner, Washington 98390 Ph: (253) 299-5500 Fax: (253) 299-5509 Website: www.sumnerwa.gov 72

http://jupiter/Lists/Calendar/DispForm.aspx?ID=33.0.2008-01-09T02:00:00Z







FEBRUARY 2017

Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4

4:00 PM Public Works Committee (Main Conference Room)

7:00 PM Planning Commission (Council Chambers)

6 7 8 9 10 11 7:00 PM Council Meeting (Council Chambers) )

6:30 PM Design Commission (Council Chambers)

4:30 PM Forestry/Parks Commission (Main Conf Rm)

13 14 15 16 17 18 6:00PM Study Session (Council Chambers

5:00 PM CD/Parks Committee (Council Chambers)

5:00 PM Public Safety Committee (Council Chambers)

20 21 22 23 24 25 RECOGINZED HOLIDAY CITY HALL CLOSED

5:30 PM Finance Committee (Council Chambers) 7:00 PM Council Meeting (Council Chambers)

6:00 PM Arts Commission (Council Chambers)

27 28

Meeting dates and times may change. Please contact City Hall to confirm this information prior to any meeting you plan to attend. These meetings are accessible to persons with disabilities. For individuals who require special accommodations, please contact City Hall at (253) 299-5500, 24 hours in advance. Name: Michelle Converse, CMC Title: City Clerk

City of Sumner 1104 Maple Street Sumner, Washington 98390 Ph: (253) 299-5500 Fax: (253) 299-5509 Website: www.sumnerwa.gov 73








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