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HomeMy WebLinkAboutR-2014-036 Yakima Transit Run-Cutting Software Agreement with Schedule MastersRESOLUTION NO. R-2014-036 A RESOLUTION authorizing agreement with Schedule Masters, Inc. to provide Run -Cutting Software to Yakima Transit per RFP 11337-P WHEREAS, the City of Yakima Transit requires a contractor to provide Run - Cutting Software, support, and maintenance; and WHEREAS, on November 14, 2013, Requests for Proposals (RFP) were due from interested parties to provide Yakima Transit with Run -Cutting Software; and WHEREAS, One proposal was received from Schedule Masters, Inc..; and WHEREAS, Purchasing reviewed the proposal submittal and determined it to be responsive, an evaluation committee was formed, an analysis and scoring of the proposal was done, the proposer was interviewed, and a Recommendation of Award for Schedule Masters, Inc. was made to the City Manager; and WHEREAS, the Department Manager and City Manager approved said Recommendation of Award, now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached Agreement between the City of Yakima and Schedule Masters, Inc. to provide Run -Cutting Software to Yakima Transit per RFP 11337-P. ADOPTED BY THE CITY COUNCIL this 11th day of March, 2014. ATTEST: &I.Ge62601Lek City Clerk THIS AGREEMENT, entered 5cc.6 A)457-01;5, ("Cont WITNESSETH: The parties, in follows: AGREEMENT CITY OF YAKIMA RFP 11337-P into this 73 qday of March, 2014, between ractor"). consideration of the terms and conditions herein, the City of Yakima ("City"), and do hereby covenant and agree as 1. Compensation: The City promises and agrees to employ, and does employ, the Contractor to cause to be done the work provided for in this Contract and to complete and finish the same according to the attached specifications, offer, and terms & conditions contained herein. The City agrees to pay the Contractor according to the payment schedule as listed in the Contractor's attached Bid response. 2. Scope of Work: The Contractor shall perform the work according to the procedure outlined in the specifications & Request for Proposals 11337-P attached hereto & incorporated herein. 3. Term: It is the intent of the RFP to establish a Tong -term contractual relationship with the vendor to continue to supply software, upgrades, and services as the City of Yakima requires. The period of this contract shall be for a period of one year from its effective date. The City may, at its option, extend the contract on a year-to- year basis provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving thirty (30) days notice in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain firm for the first twelve-month period of the contract unless an exception is stated in the proposal. 4. Changes. Any proposed change in this contract shall be submitted to the City of Yakima Purchasing Manager for her prior approval and she will make the change by a contract modification. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. 5. Agency Relationship between City and Contractor: Contractor shall, at all times, be an independent contractor and not an agent or representative of City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City. 6. Successors and Assigns: Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from this Contract without the written consent of the other. 7. Property Rights: All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon,demand. All information concerning the City and said project, which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. 8. Work Made for Hire: All work the Contractor performs under this agreement shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any other materials the Contractor produces in connection with this agreement. On completion or termination of the agreement, the Contractor shall deliver these materials to the project manager. 9. Compliance with Law: Contractor agrees to perform all services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. Contractor shall have all applicable and necessary permits, licenses and approvals of any federal, state, and local government or governmental authority. 10. Federal Requirements and Changes: The Contractor shall at all times comply with all applicable Federal Transit Administration (FTA) regulations, policies, procedures and directives. The Contractor's failure to so comply shall constitute a material breach of this Agreement. 11. Federal Funding: On the basis of the federal funding that is part of the funding package for the services provided by the Contractor under the Agreement, and to assure compliance with all federal regulations associated with services compensated with federal funds, in addition to the terms of the primary Agreement, the Contractor must also comply with the specific provisions of the attached Federal Funding Agreement, attached hereto as Exhibit A and fully incorporated herein. If there is any conflict between the terms expressed in the primary Agreement and those set forth in Exhibit A, the terms and conditions in Exhibit A shall prevail. 12. Hold Harmless: Contractor shall, and hereby agrees to, release, save, otherwise hold harmless and indemnify the City of Yakima from claims, demands, damages, actions, causes of actions or other liability, injury, or harm caused by act or omissions, foreseen or unforeseen, negligent or otherwise, that would otherwise befall said City arising out of the Contractor's implementation of the terms of this contract. 13. Commercial Liability and Professional Liability Insurance: The Contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability and professional liability coverage with insurance carriers admitted to do business in the State of Washington. The insurance companies must carry a Best's Rating of A- VII or better. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability and Professional Liability: Combined Single Limit: $1,000,000 Per Occurrence $2,000,000 Annual Aggregate The City of Yakima, its agents, elected and appointed officials, volunteers and employees are to be listed as additional insureds under the policies. The Contractor will provide a Certificate of Insurance to the City as evidence of coverage. The insured will provide the City with 30 -days notice of cancellation in the event coverage is terminated during the term of this Contract. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The Contractor shall also maintain worker's compensation through the State of Washington. If at any time during the life of the contract or any extension, the Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. This Certificate of insurance shall be provided to the Purchasing Manager, prior to commencement of this work. A sample is attached. 14. Contract Documents: This Agreement, the Request for Proposals, Scope of Work, conditions, addenda, and modifications and the Contractor's Proposal, including the Software License and Service Agreement (to the extent consistent with Yakima Transit's documents) constitute the Contract Documents and are complementary. Wherever the terms of the two agreements conflict, the City's agreement will control the conflicting provision. Specific Federal and State laws and the terms of this Agreement, in that order respectively, supersede other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Agreement. 15. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 16. Venue: The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 17. Authority: The person executing this Agreement, on behalf of Contractor, represents and warrants that he/she has been fully authorized by Contractor to execute this Agreement on its behalf and to legally bind Contractor to all the terms, performances and provisions of this Agreement. IN WITNESS WHEREOF, hereto have caused this agreement to be executed the day and year first above written. CITY OF Y KIMA Tori our City Manager ST: Sonya t laar ee, I y Clerk CITY CONTRAC r NO: )1 fr RESOLUTION NO: SCHEDULE MASTERS, INC. BY Authorized Representative �vcre 2a5 - 5A- CoouSrc5-D2IO Address L*U\-'n e-ronN. 00m(_6 C'A-0R0$- Exhibit A Federal Certifications and Assurances It is hereby understood that this application and attachments hereto, when approved and signed by all concerned parties as indicated, shall constitute an agreement by and between the applicant organization to perform in accordance with the terms of this application and attachments, taken as a whole. This agreement is based on guidelines found in the Common Rule, the Office of Management and Budget (OMB) Circular A-102, in order to standardize and simplify federal grants. 1) REPORTS — The CONTRACTOR shall submit quarterly reports, a final report at end of the project, and submit special reports as outlined in the Project Agreement. 2) COPYRIGHTS, PUBLICATIONS, AND PATENTS — Where activities supported by this project produce original copyright material, the CONTRACTOR may copyright such, but the CITY OF YAKIMA reserves nonexclusive and irrevocable license to reproduce, publish, and use such materials and to authorize others to do so. The CONTRACTOR may publish, at its own expense, the results of project activities without prior review by the CITY OF YAKIMA, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by the CITY OF YAKIMA. Any discovery or invention derived from work performed under this project shall be referred to the CITY OF YAKIMA, who will determine whether patent protections will be sought, how any rights will be administered, and other action required to protect the public interest. 3) TERMINATION — This project agreement may be terminated or fund payments discontinued or reduced by CITY OF YAKIMA at any time upon written notice to the CONTRACTOR due to non-availability of funds, failure of the CONTRACTOR to accomplish any of the terms herein, or from any change in the scope or timing of the project. 4) FISCAL RECORDS — Complete and detailed accounting records will be maintained by the CONTRACTOR of all costs incurred on this project, including documentation of all purchases of supplies, equipment, and services; travel expenses; payrolls; and time records of any person employed part-time on this project. Federal, state, or CITY OF YAKIMA auditors shall have access to any records of the CONTRACTOR. These records shall be retained for three years after the final audit is completed or longer, if necessary, until all questions are resolved. 5) FUNDING — The CONTRACTOR will utilize funds provided to supplement and not to supplant state and local funds otherwise available for these purposes. Funds are to be expended only for purposes and activities approved in the project agreement. Reimbursement will be made periodically by CITY OF YAKIMA based on approved requests for reimbursement. If matching funds are required, the CONTRACTOR will expend them from nonfederal sources, which must be spent not later than 30 days following the completion of the project. 6) COST PRINCIPLES AND GRANT MANAGEMENT — The allowability of costs incurred and the management of this project shall be determined in accordance with OMB 2 CFR Part 225 and 49 CFR Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions, and OMB Circular A-122 for nonprofit entities. 7) OBLIGATION FUNDS — Federal funds may not be obligated prior to the effective date or subsequent to the termination date of the project period. Requests for reimbursement outstanding at the termination date of the project must be made within 30 days or those funds may not be paid. 8) CHANGES — The CONTRACTOR must obtain prior written approval from the CITY OF YAKIMA for major project changes including: changes of substance in project objectives, evaluation, activities, the project manager, key personnel, or project budget. The period of performance of the project, however, cannot be changed. 9) INCOME — Income earned by the CONTRACTOR with respect to the conduct of the project (sale of publications, registration fees, service charges, etc.) must be accounted for and income applied to project purposes or used to reduce project costs. 10) BUY AMERICA ACT — The CONTRACTOR will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)) which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably available and of a satisfactory quality; or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. 11) PURCHASES — Purchase of equipment or services must comply with state or local regulations. After the end of the project period, equipment should continue to be utilized for traffic safety purposes and cannot be disposed of without written approval of the CITY OF YAKIMA. The CONTRACTOR shall make and maintain an inventory of equipment to include descriptions, serial numbers, locations, costs or other identifying information, and submit a copy to the CITY OF YAKIMA. 12) Third Party Participants — No contracts or agreements may be entered into by the CONTRACTOR related to this project, which are not incorporated into the project agreement and approved in advance by the CITY OF YAKIMA. The CONTRACTOR will retain ultimate control and responsibility for the project. CITY OF YAKIMA shall be provided with a copy of all contracts and agreements entered into by the CONTRACTOR. Any contract or agreement must allow for the greatest practical competition and evidence of such competition or justification for a negotiated contract or agreement shall be provided to the CITY OF YAKIMA. 13) PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES — The CONTRACTOR agrees to take all necessary and reasonable steps in accordance with Title 49, CFR, Subtitle A, Part 26 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. The CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any subcontracts financed in whole or in part with federal funds. 14) AMERICANS WITH DISABILITIES ACT — In the performance of this agreement, the CONTRACTOR shall comply with the provisions of Title VI of Civil Rights Act of 1964 42 USC 200d, Section 504 of the Rehabilitation Act of 1973 29 USC 794 Chapter 49.60 RCW, and the Americans with Disabilities Act (42 USC § 12101, et seq.; PL 101-336), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27). The CONTRACTOR shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam -Era and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in any terms and conditions of employment to induce taking affirmative action necessary to accomplish the objectives of this Act and denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services, or otherwise afforded others. 15) POLITICAL ACTIVITIES — No funds, materials, equipment, or services provided in this project agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or to pay any person to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal loan or the entering in of any cooperative agreements. 16) CERTIFICATION REGARDING FEDERAL LOBBYING – Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 17) SINGLE AUDIT – State and local governments and nonprofit organizations that receive federal assistance are subject to the audit requirements of OMB Circular A-133. 18) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT – The CONTRACTOR will report for each grant awarded: • Name of the entity receiving the award; • Amount of the award; • Information on the award including transaction type, funding agency, the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source; • Location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country; and an award title descriptive of the purpose of each funding action; • A unique identifier (DUNS); • The names and total compensation of the five most highly compensated officers of the entity if - of the entity receiving the award and of the parent entity of the recipient, should the entity be owned by another entity; (i) The entity in the preceding fiscal year received— (I) 80 percent or more of its annual gross revenues in Federal awards; and (II) $25,000,000 or more in annual gross revenues from Federal awards; and (ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986; • Other relevant information specified by the Office of Management and Budget in subsequent guidance or regulation. 19) SEAT BELT POLICY — No funds, materials, property, or services will be provided to any political subdivision that does not have a current and actively enforced policy requiring the use of seat belts. 20) POLICY TO BAN TEXT MESSAGING WHILE DRIVING — The CONTRACTOR are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving including policies to ban text messaging while driving. 21) DRUG FREE WORKPLACE — In accordance with the Anti -Drug Act of 1988 41 USC 702-707 and Drug Free Workplace 42 USC 12644, CITY OF YAKIMA has the responsibility to ensure that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by any employees, grantees, and/or sub - grantees of the CONTRACTOR and/or any such activity is prohibited in the CONTRACTOR's workplace. 22) DEBARMENT AND SUSPENSION — The applicant certifies, by signature below, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Schedule Masters, Inc. SOFTWARE LICENSE AND SERVICES AGREEMENT This Software License and Services Agreement (the "Agreement") is between Schedule Masters, Inc. with its principal place of business at 5A Conestoga Drive, Suite 200, Brampton, Ontario L6Z 4N5 Canada ("SMI") and its client City of Yakima with its principal place of business at 129 North Second Street, Yakima, WA 98901 ("Client") under which SMI is providing services and licensing software on a non-exclusive basis for the Client's own use under the terms and conditions stated below. 1. DEFINITIONS (a) "Delivery Date" shall mean the date that the Client receives the Program. (b) "Documentation" shall mean the user manual(s), help files and any other materials supplied by SMI for use with the Program or with any Release. (c) "Effective Date" shall mean the date upon which both parties have signed this Agreement. (d) "License Fee" shall mean the fee for licensing the Program or Programs specified in the Program Description and Price Schedule attached as Schedule A to the Agreement. (e) "License Fee Schedule" shall mean SMI's listing of Programs and License Fee as it may be in effect from time to time. SMI reserves the right to change the License Fee Schedule without notice. (f) "Program" shall mean the machine-readable object code of the computer software program or programs described in the Program Description and Price Schedule attached as Schedule A to the Agreement and such additional Releases of such programs as shall be supplied by SMI to Client from time to time together with its Documentation (g) "Release" shall mean any version of a Program or any materials which are supplied by SMI at or after the delivery of a Program, including any software provided for the purpose of improving the functions or performance of the Program, changing the intellectual property contained in the Program, expanding the capability or ease of operation of the Program, or for the purpose of fixing errors in program logic, together with Documentation. (h) "Software Support" shall mean support and maintenance services for Programs provided for in this Agreement. (i) "Software Support Fee" shall mean that applicable annual fee due for Software Support in accordance with SMI's Software Support Schedule. (j) "Software Support Description and Price Schedule" shall mean SMI's written statement of Software Support offered and the fees due for such Software Support as it may be in effect from time to time (attached as Schedule C). (k) "Supported Products List" shall mean a list of Program versions, together with associated computer hardware and operating system software platforms, for which SMI provides Software Support. (I) "Authorized User" shall mean a member of Client's organization who has successfully received training on the Program by SMI or has sufficient working knowledge of the Program as mutually agreed upon. 2. GRANT OF LICENSE 2.1 One copy of the Program must be licensed for each computer or work station on which the Program is installed in "Read/Write" mode. Client may add an unlimited number of "Read -Only' stations to its network. 3. SCOPE OF THE AGREEMENT 3.1 This Agreement shall apply to each Program or Release of a Program that Client is currently licensing from SMI or shall license in the future. 4. RESTRICTION AGAINST THIRD PARTY USE 4.1 The Program may not be used by any person that is not an Authorized User 4.2 The Program may be used for Client's internal business use and only to process information or data of Client. Client may not process information or data belonging to other parties. 5. COPIES OF THE PROGRAM 5.1 SMI shall furnish to Client copies of the Program as specified in Schedule A. 5.2 Client shall have the right to make one copy of the machine- readable object code for the Program solely for archive purposes. On such archival copy, Client shall mark copyright, trademark, patent, and/or trade secret notices identical to those on the copy of the Program provided to Client. Client may not otherwise make copies of the Program. 5.3 SMI shall furnish to Client one copy of the Documentation for each "Read/Write" user. Upon request, at SMI's option, additional copies of the Documentation may be supplied to Client at SMI's then current price. Client may, without the prior written consent of SMI, copy and reproduce this Documentation. 5 4 At the client's request, SMI will undertake to deposit the licensed software source code and documentation in escrow to a third party after acceptance of the program. These source codes Schedule Masters, Inc. - 1 - Software License and Services Agreement Rev. 20101022 shall be updated if necessary after the Warranty period. This external agent will be chosen by the client. The corresponding escrow deposit costs will be at the client's charge. The list of documents shall include, but not be limited to: • Technical documentation of the system • Source code • Database models The Escrow Deposit shall be released to the Client in the event that SMI fails to or in all probability can be expected to fail to fulfill his obligations pursuant to the License Agreement, for example due to bankruptcy, suspension of payments or compulsory composition. 6. INSTALLATION 6.1 SMI shall load the Program on Client's computer hardware and conduct SMI's standard test procedures on the installed Program. SMI shall be relieved of its obligation to perform the installation, and the Program shall be deemed accepted, if Client's computer hardware or operating system software, in whole or in part, is defective or is not otherwise in good operating condition. Client shall provide SMI with access to the computer hardware and electrical power, work space and such other items as may be required to complete the installation. 7. DATA CONVERSION 7.1 If Client engages SMI to convert Client's data files from Client's current system, this work shall be carried out at a charge determined by SMI's current fee schedule. Client shall provide all information reasonably required for conversion. SMI shall use reasonable efforts in converting the data; however, all converted data files shall be supplied "as is" and SMI disclaims all warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose with regard to converted data files. It shall be Client's obligation to test the converted data files to verify the accuracy of the conversion of data. 8. ACCEPTANCE 8.1 The Program will be accepted when the Program has been installed and performs substantially as described in the Documentation, or if Client uses the Program, or benefits from the Program in any way 9. PAYMENT PROVISIONS 9.1 In consideration of the license granted under this Agreement, Client shall pay to SMI the License Fee in accordance with the attached Schedule B. 10. ACKNOWLEDGMENT OF SMI'S OWNERSHIP RIGHTS 10.1 Client acknowledges that it obtains no ownership rights in the Program under the terms of this Agreement. All rights in the Program including but not limited to trade secrets, trademarks, service marks, patents, and copyrights are, shall be and will remain the property of SMI. All copies of the Program delivered to Client or made by Client remain the property of SMI. Client shall not directly or indirectly call into question the validity, enforceability or ownership by SMI of the Program. 11. CONFIDENTIAL INFORMATION 11.1 Client acknowledges that the Program and the Documentation contain proprietary and confidential information of SMI. Client agrees to keep the Program and Documentation in confidence and to take all reasonable precautions to ensure that no unauthorized persons have access to the Program and Documentation and that no unauthorized copies are made. An unauthorized person is anyone not employed as the Client's administrative staff, or the Client's IT Department. Breach of this provision shall be grounds for immediate termination of this Agreement without further obligation to Client, at SMI's option. 11.2 Client may not alter any proprietary markings on the Program, including copyright, trademark, trade secret and patent legends. 11.3 Client may not decompile, disassemble, or reverse engineer the Program. In jurisdictions where a right to reverse engineer is provided by law unless information is available about products in order to achieve interoperability, functional compatibility, or similar objectives, Client shall submit a detailed written proposal to SMI concerning Client's information needs before engaging in reverse engineering. SMI may, in its sole discretion, propose to Client terms and conditions under which it is willing to make such information available. 12. WARRANTY 12.1 SMI warrants that the Program will perform substantially in accordance with accompanying Documentation for a period of one year from the date of Client's receipt of the Program ("Warranty Period") and for any period thereafter in which Software Support is paid for and in effect under the terms of this Agreement. SMI disclaims all other warranties and conditions (either express or implied and those arising by statute or otherwise or from a course of dealing or usage of trade) including but not limited to implied warranties of merchantability, fitness for a particular purpose and non -infringement, with respect to the Program and the Documentation. 12.2 In no event shall SMI have any liability for loss of profits, loss of business revenue or other expenses incurred by Client as a result of any breach by SMI (including fundamental breach) or any other act or omission of SMI (including negligence). Nor shall SMI be liable for any indirect, special or consequential damages even if advised of the possibility thereof. 12.3 Exclusive remedy: Client's exclusive remedy against SMI for breach of this agreement shall be, at SMI's choice, (a) correction of any error or defect in the Program as to which Client has given notice (b) replacement of the Program involved. If any problem, operational failure or error of the Program has resulted from any alteration that the Client makes to the Program, or the operating environment, accident, abuse, or misapplication, caused by the Schedule Masters, Inc. - 2 - Software License and Services Agreement Rev. 20140210 Client, then this exclusive remedy shall be null and void, at SMI's option. 12.4 As an accommodation to Client, SMI may supply Client with Limited Production Program(s) or with pre -production releases of Programs (which may be labeled "Alpha" or "Beta" or "Limited Production"). These products are not suitable for production use. SMI does not warrant Limited Production Program(s) or pre- production releases; these products are distributed "as is" 13. OVERALL LIMITATION OF DAMAGES 13.1 In no case shall the aggregate amount of damages payable to Client by SMI as ordered payable by a court of competent jurisdiction regarding any claim arising from the Program or breach or this agreement (including, without limitation, its warranty and indemnification provisions) exceed the amounts paid by Client to SMI under this Agreement. 14. INDEMNIFICATION 14.1 SMI agrees to indemnify and hold Client harmless against any loss, damage, expense, or cost, including reasonable legal fees, arising out of any claim, demand, or suit asserting that the Program infringes or violates any copyright, patent, trade secret, trademark, or proprietary right existing under the laws of Canada or any province or territory thereof ("Claim"), subject to the overall limitation of damages hereunder and provided that the Claim has been reduced to final judgment or has been settled with the consent of SMI. 14.2 The indemnification obligation in this section shall be effective only if (1) at the time of the alleged infringement, Client was using a currently supported version of the Program listed in SMI's then current Supported Products List, (2) Client gave prompt notice of the Claim and permitted SMI to defend, and (3) Client has reasonably cooperated in the defense of the Claim. SMI shall be entitled to any award of damages or costs awarded by a court of competent jurisdiction with respect to any Claim. SMI shall have no obligation to Client to defend or satisfy any Claims made against Client that arise from the use, sale, licensing or other disposition of the Program by Client other than as permitted by this Agreement. 14.3 To reduce or mitigate damages, SMI may at its own expense procure the right for Client to continue licensing the Program or replace it with a non -infringing product. If SMI supplies a non - infringing Release of the Program, Client shall promptly install it on its computer system, and terminate use of prior Releases of the Program. If Client is not entitled to such non -infringing Release under the terms of the SMI's Software Support arrangement with Client, Client shall pay any applicable fee for upgrading to the non - infringing Release, as stated in SMI's then current fee schedule, within thirty (30) days of delivery of such Release. If, in its judgment, SMI deems that, due to the Claim or for any other reason, it is not in SMI's practical interest to continue distributing a Program, SMI may require Client, upon thirty (30) days written notice, to terminate use of a Program. Thirty days after notice to terminate use of a Program, this Agreement shall terminate as to the Program involved, Client shall receive a refund of a percentage of the current year's Software Support Fee for the Program corresponding to the remaining portion of the year, and in addition, if such termination takes place during the first year after the Delivery Date, a refund of a percentage of the License Fee for such Program corresponding to the remaining portion of the first year. The foregoing is Client's exclusive remedy against any and all parties for any claim arising from or relating to loss of use of the program or to any other damage arising as a result of this provision. 15. TRAINING 15.1 Upon delivery and installation, SMI will provide Client with Training Services as specified on Schedule B upon the payment terms stated therein. Thereafter training services will be provided on the terms and at prices stated in SMI's then current schedule of fees for training services. 16. SOFTWARE SUPPORT 16.1 Software Support for the Program shall consist of the services listed on the Client's current Software Support Schedule, which may change from time to time. 16.2 During the Warranty Period specified above, Client shall be entitled to software support without additional charge. "Expiration Date" shall mean the date of the expiration of the Warranty Period and each subsequent anniversary of such date. Before each Expiration Date, Client shall be billed for the then applicable annual Software Support Fee. The yearly increase will never exceed the then current CPI. If Client has paid the applicable Software Support Fee on or before the Expiration Date, Client shall be entitled to receive an additional year of Software Support. SMI shall have no obligation to provide Software Support after the Expiration Date if the applicable Annual Software Support Fee is unpaid. 16.3 The Software Support Fee shall be sent to SMI at the address set forth above, or such other address as SMI may designate. Information as to the amount of the currently applicable Software Support Fee for the Program is available from SMI on request. 16.4 SMI's current policy is to support the most recently released version of the Program, provide only telephone support for the next prior version and to cease maintenance of earlier versions. SMI reserves the right to change this policy in its discretion and reserves the right to discontinue support of Programs or versions of Programs for hardware and/or operating systems that are used by numbers of Clients that SMI deems inadequate to justify the cost of support. SMI shall provide Client with 20 days written notice of changes in support policy. 16.5 Client agrees that in order to receive Software Support for a Program, Client must use a currently supported version of the Program as listed in SMI's Supported Products List. Client acknowledges and agrees that it may be necessary to update its computer hardware and/or operating system to achieve compatibility with the currently supported version. Client acknowledges and agrees that if it has allowed its subscription to Software Support to lapse, and if its version of the Program is not currently supported, it may have to obtain a current version to obtain Software Support, as is discussed below. Schedule Masters, Inc. - 3 - Software License and Services Agreement Rev. 20140210 16.6 If Client is not using a currently supported version of a Program as listed in SMI's Supported Products List, SMI may suspend provision of Software Support for the Program until Client cures this condition without refunding the Software Support Fee. 16.7 Client may terminate Software Support by written notice to SMI prior to any Anniversary of the Expiration Date. However, SMI shall not be required to refund any Software Support Fee. 16.8 If Software Support has been terminated or has lapsed, Client may reinstate its subscription to Software Support upon payment of (1) the annual Software Support Fee in effect at the time, plus (2) a reinstatement fee equal to the greater of (a) the difference between the License Fee paid hereunder and the applicable license fee for the then current version of the Program and (b) 50% of the annual Software Support Fee in effect at the time. Upon reinstatement of Software Support, Client will be upgraded to the current version of the Program. 17. TERM AND TERMINATION 17.1 The term of this Agreement shall commence upon the Effective Date and shall continue in effect for an initial period of three (3) years from the Effective Date, which initial period shall be automatically renewed for additional periods of one (1) year ("Additional Periods"). In the event of a default, either party may elect to terminate this Agreement by giving written notice to the other at least sixty (60) days prior to the expirations of the initial periods or any Additional Period. The Software License portion of this Agreement shall be considered a perpetual license at a one time cost. 17.2 SMI may terminate this Agreement in the event Client (a) fails to make when due any License Fee payment or other payment required under this Agreement; (b) commits a material breach of any of its obligations concerning scope of use of the Program, Documentation, intellectual property of SMI, (c) makes an assignment for the benefit of creditors, commits an act of bankruptcy or Client is adjudicated bankrupt or insolvent or (d) materially breaches any of its other obligations under any provision of this Agreement, which breach is not remedied within thirty (30) days after notice thereof by SMI to Client. 18. RIGHTS UPON TERMINATION 18.1 Upon termination of this Agreement, Client's license to use the Program shall terminate, and Client shall immediately turn over to SMI all copies of the Program and Documentation, and any other confidential information relating to the Program and Documentation and shall remove and erase completely any copies of the Program installed or recorded on any hard disk or other storage medium. Client shall promptly certify to SMI in writing that it has complied with this requirement. 18.2 Upon termination of this Agreement, Client shall pay to SMI all fees due through the effective date of such termination. Unless otherwise specified herein or otherwise agreed in writing, all fees collected or accrued prior to the date of termination shall be retained by SMI without any pro rata refund to Client. 19. AUDIT 19 1 During the term of this Agreement and for a term of one year after termination, upon reasonable notice, SMI may enter the premises of Client and perform reasonable audit and inspection procedures to confirm that Client is in compliance with the terms and conditions of the Agreement, including, but not limited to, provisions relating to scope of use of the Program, protection of Confidential Information, and termination. Client shall cooperate in any such inquiry. 20. ASSIGNMENT 20.1 Client may not sell, pledge, assign, sublicense, or otherwise transfer or share its rights or delegate its obligations under this Agreement without the prior written consent of SMI, which SMI may withhold in its sole discretion. Any attempted sale, pledge, assignment, sublicense or other transfer in violation hereof shall be void and of no force or effect. SMI may assign its rights and delegate its duties hereunder at any time without the consent of Client. SMI shall provide Client with reasonable prior written notice of assignment of SMI's duties. 20.2 The Client's assignment of this Agreement shall not discharge Client from its obligations, but shall make Client's assignee an additional obligor under this Agreement. Any assignment by Client will be invalid unless the assignee agrees in a writing delivered to SMI to be bound by and perform all obligations and terms of this Agreement. 21. GENERAL PROVISIONS 21.1 Applicable Law. This Agreement shall be construed pursuant to the law of the Province of Ontario and the law of Canada applicable therein. 21.2 Shipping Costs and Risk of Loss. All costs relating to the shipment of the Program and the Documentation, including freight and insurance costs shall be borne by Client. Upon delivery and installation of the Program and the Documentation, Client shall assume all risk of loss and damage to the Program and the Documentation, and shall at its sole cost and expense replace any lost or damaged portion thereof. 21.3 Taxes. The fees listed in this Agreement do not include taxes. Client shall pay, in addition to the other amounts payable under this Agreement, all applicable local, provincial or state and federal excise, sales, use, personal property, gross receipts and similar taxes (excluding taxes imposed on or measured by SMI's net income) levied or imposed by reason of the transactions under this Agreement. Client shall, upon demand, pay to SMI an amount equal to any such tax(es) actually paid or required to be collected or paid by SMI. 21.4 Required Consents. Client warrants that it has obtained lawful permission to use all hardware and software required in order for the Program to be used on Client's computer system. 21.5 Public Reference. Client consents to the public use of its name as a Client of SMI. Schedule Masters, Inc. - 4 - Software License and Services Agreement Rev. 20140210 21.6 Software Lock. Client consents to acts by SMI to disable the So agreed between the parties signing below Program (including the triggering of software features that prevent operation of the Program) in the event that Client fails to pay the License Fee for the Program or uses or transfers the Program in The Effective Date of this Agreement is: March 31, 2014 breach of this Agreement. 21.7 Modification. This Agreement may not be modified or amended except by a writing which is signed by authorized representatives of each of the parties. No other act, document, usage or custom shall be deemed to amend or modify this Agreement. 21.8 No Waiver. The failure of either party to exercise any right or the waiver by either party of any breach, shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same of any other term of the Agreement. 21.9 Notice. Any notice required or permitted to be sent hereunder shall be in writing and shall be deemed to have been given when mailed by first class mail, fax or personal delivery (including overnight mail by private carrier). Notice is effective upon receipt. To expedite order processing, Client acknowledges Transmitted Copies as binding documents equivalent to original documents. "Transmitted Copies" shall mean requests for additional user licenses and other ordering documents which (a) contain no modifications or amendments to this Agreement, (b) are copied or reproduced and transmitted to SMI via photocopy, facsimile, or any other process which accurately reproduces and Authorized Signatur transmits the original documents, and (c) are accepted by SMI. 21.10 Entire Agreement. This Agreement constitutes the sole and i DI A D \/ �) e W .V �Le n entire agreement of the parties with respect to the subject matter Print Name: I Vf ` hereof and supersedes any prior oral or written promises or agreements. There are no promises, covenants or undertakings f /� A �, other than those expressly set forth in this Agreement. Title: V V tictpr 1.7) 1. ) Executed by Schedule Masters, Inc.: Authorized Signature: Print Name: David Reed Title: President Date- February 10, 2014 Executed by Client: 21.11 Equitable Remedies. The parties recognize that money damages is not an adequate remedy for any breach or threatened breach of any obligation hereunder by Client involving use of the Program beyond the scope of the license granted by this Agreement. The parties therefore agree that in addition to any other remedies available hereunder, by law or otherwise, SMI shall be entitled to an injunction against any such continued breach by Client of such obligations. 21.12 Late Fees, Costs. A late payment charge of 1.5% per month, compounded monthly, shall apply to any payment due from Client that is in arrears for a period exceeding thirty (30) days. Date: Schedule Masters, Inc. - 5 - Software License and Services Agreement Rev. 20140210 / Schedule A: Program Description and Prices All prices are in United States dollars. Operating System (check one): ❑ Microsoft Windows XP ® Microsoft Windows 7 The Master Scheduler."' Version 5.0 Base System: • Trip Specification • Blocking • Runcutting • Rostering • Operator Bidding Module • Mapping Utilities • Sixty already -designed reports and unloads • One Year Support and Upgrades Schedule Masters, Inc. - 6 Software License and Services Agreement Rev. 20140210 Schedule B: Training Description and Schedule of Payments 22. SERVICES PROVIDED 22.1 SMI will conduct training on-site at Client's location or at other premises determined by prior agreement. 22.2 SMI shall explain and demonstrate all major features of the Program as they apply to its intended purpose. 22.3 SMI shall be obligated to provide training on features of the computer hardware or operating system only as they pertain to the intended operation of the Program. SMI may provide additional training services if specified by prior written agreement. 23. CONDITIONS OF SOFTWARE TRAINING 23.1 The following terms and conditions shall apply at all times during Training: 23.2 Client shall provide sufficient on-site training space and white board, flip chart or other presentation medium. 23.2 Client shall provide sufficient computer hardware to the training area so that there is a least one computer to share between every two attendees. Client shall also provide sufficient electrical current and power outlets to operate the computer hardware. 23.4 SMI will be relieved of its obligation to perform training if Client's training computer hardware or operating system software, in whole or in part, is defective or is not otherwise in good operating condition. 23.5 SMI will also be relieved of its obligation to perform training if greater than six (6) members of Client's organization attend training except by prior written agreement. 24. PRICE AND SCHEDULE OF PAYMENTS 24 1 As per SMI's "Price Proposal" to Client: Base TMS System $42,500.00 Mapping Utilities $15,000.00 Projected Expenses $4,850.00 $62.350.00 S62,350.00 Payable as. $15,000.00 Upon contract signing $42,500.00 Upon software installation $4,850.00 Upon presentation of SMI's incurred expenses report (not to exceed) $62.350.00 Schedule Masters, Inc. - 7 - Software License and Services Agreement Rev. 20140210 Schedule C: Software Support Description and Price 25. SUPPORT SERVICES PROVIDED 25.1 SMI shall assist Client in diagnosing errors and malfunctions which occur when the Program is used by Client. SMI is not responsible for errors or malfunctions caused by any hardware or any third party operating system. 25.2 SMI shall provide support services to Client to attempt to correct diagnosed errors and malfunctions. SMI shall attempt to provide Releases that implement corrections and shall attempt to assist Client in using the Program in a way that can avoid diagnosed errors, malfunctions and defects. 25.3 SMI shall provide support services to Client to attempt to keep the Program compatible with the then current version of the operating system of the computer hardware. 25.4 SMI may provide Client with new Releases for the Program licensed to Client. Releases may include new features and functions added to the Program and/or may provide corrections to errors or malfunctions. The timing and content of Releases will be at the sole discretion of SMI. 25.5 SMI will effect delivery of each Release to Client. All deliveries and shipments of Releases will be at SMI's expense. The Client will install each Release within 30 days of receipt. 25.6 SMI shall use its best efforts to respond to Client's notification of material errors on the same day as notification is given to SMI or on the following business day. 25.7 All Software Support shall be performed during the Service Hours unless other arrangements are mutually agreed to by the parties in writing. "Service Hours" shall mean the hours of on-call service coverage under this Agreement which are from 8:00 a.m. to 6:00 p.m. MST during business days. 25.8 SMI will provide reasonable technical support by telephone concerning use of the Programs and diagnosis of problems or errors. 25.9 Software Support does not entitle Client to Software Modules or Programs available from SMI which are designed to increase the number of users, to add additional applications or to cover business functions that are not included in the Program currently licensed to Client. Such Software may be licensed from SMI. If such additional Software is licensed by Client, Releases relating to it will be available as part of Software Support under this Agreement upon current payment of the then current Support Fees for such Software. 26. PRICING 26.1 SMI will provide support services on an annual basis for a fee of $8,625.00 (plus applicable taxes), payable yearly starting on the first anniversary date of the initial installation. 26.2 In the event that the Client purchases additional licenses of the Program, support cost will increase by 15% of the non - discounted additional license(s) purchase price as listed in SMI's then current License Fee Schedule. 26.3 Support fees shall be payable annually in advance; such fees shall be those in effect at the beginning of the period for which the fees are paid. 27. CONDITIONS OF SOFTWARE SUPPORT The following terms and conditions shall apply at all times while Software Support is in effect: 27.1 Client shall provide SMI with access at Client's site and through the use of telephone line(s) and modem(s) to Client's computer hardware, system software, and the Program and Client data files to perform the Software Support services. Client shall also provide sufficient on-site work space, electrical current, telephone and power outlets for SMI's use in performing Software Support. 27.2 Client's computer system must be equipped by Client with an internet connection capable of receiving email messages with attachments up to 5Mb in size. Client's computer system must be configured to allow the opening of these attachments. 27.3 Client shall be solely responsible for backup software and hardware. Client shall provide the safe storage of all backup tapes and/or disks. Client shall be responsible for keeping its computer system free of computer viruses. 27 4 SMI shall be obligated to only support Authorized Users. 27.5 Client shall designate an individual who shall be the System Manager. The System Manager must have a working knowledge of the Program and the system hardware and will be responsible for the computer system backups and user access. The System Manager will also be responsible for recording and reporting errors and malfunctions and for recording and communicating the status of fixes to problems by SMI to Authorized Users. 27.6 Client shall use its best efforts to notify SMI of any Program errors or malfunctions on the same day such problems become apparent or on the following business day during Service Hours. SMI shall not be obligated to repair or otherwise rectify any corruption of Client's data files or remedy any loss of work resulting from an apparent problem not reported to SMI within the prescribed time period. Schedule Masters, Inc. - 8 - Software License and Services Agreement Rev. 20140210 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1=-71,1117.S;r` * .ExS'- ..ZTRI.•?,etZ(-$tILUMI "731WILWIMMUMra,—.aZZAIVRc l'.SraGas= ITEM TITLE: SUBMITTED BY: Item No. . For Meeting of: 3/11/2014 v^. Resolution authorizing agreement with Schedule Masters, Inc. to provide Run -Cutting Software to Yakima Transit. Sue Ownby, Purchasing Manager SUMMARY EXPLANATION: On November 14, 2013, Requests for Proposals (RFP) were due from interested parties to provide the City with Run -Cutting Software for Yakima Transit. Recommendation of Award approved by the City Manager on 12/03/13 (see attached). Resolution: Other (Specify): Contract: X Start Date: March 4, 2014 Item Budgeted: Yes Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? Yes Mail to: Schedule Masters, Inc. Suite 200--5A Conestoga Drive, Brampton, Ontario, Canada L6Z 4N5 Phone: 905-495-5402 Ordinance: Contract Term: Until Cancelled End Date: Upon Completion Amount: $62,350 plus tax. Dedicated Transit Sales Tax Public Trust and Accountability APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Staff respectfully requests that Council approve the Agreement for signature by the City Manager. ATTACHMENTS: Description Upload Date Type 0 resolution 2/21/2014 Cover Memo 0 Agreement with Schedule Masters, Inc. 2/11/2014 Contract 0 Recommendation of Award Approval 2/11/2014 Backup Material December,, 2013 Mr. O'Rourke, Committee Recommendation 11337-P Run -Cutting Software for Yakima Transit On November 14, 2013, Requests for Proposals (RFP) were due from interested parties to provide the City with Run -Cutting Software for Yakima Transit. Proposals were received from the following: • Schedule Masters (The Master Scheduler) • No other proposals received Purchasing reviewed the Proposal submittal and determined it to be responsive. The evaluation committee was formed and given materials and instructions on how to conduct the analysis and score the proposals. The Committee met on November 22, 2013 and at that time conducted a telephone interview with Schedule Masters. Once the telephone interview was complete, the Committee scored Schedule Masters' proposal. Committee Members: 1. Ken Mehin, Transit Manager 2.Kevin Futrell, Transit Project Planner 3.Wayne Parsley, Transit Field Operations Supervisor 4.David Mauk, Transit Field Operations Supervisor 5.Tom Sellsted, Information Technology Supervising Senior Analyst 6.John Carney, Information Technology Operations Supervisor — Non scoring 7. Maria Mayhue, Purchasing Sr. Buyer - Non -Scoring Committee Chair The proposal was scored utilizing the following scoring matrix, as listed in the RFP: EVALUATION CRITERIA POINTS POSSIBLE Ability to interface with existing Yakima Transit software & hardware systems: A. Compatibility with the City's hardware and software B. Paratransit software C. Microsoft Office software (Word, Excel, Access) 15 User interface/help features/other usability concerns 10 System expendability & compatibility with future upgrades (AVL, MDT, GPS, etc.) 10 Report generation and other outputs (operator paddles, efficiency reports, etc.) 10 Ability to incorporate YT labor agreement 10 Training/customer support 10 Cost 10 Geographic Information System/Mapping capabilities 5 Corporate stability 5 Database functionality 15 TOTAL 100 Out of 500 possible points (100 total points for each scoring evaluator) the combination of the scores was as follows: Schedule Masters: 429 The committee unanimously recommends that we proceed to contract award with Schedule Masters. Sincerely, Myr hPBP Maria May u , Senior Buyer APPROVED: Ken -hin, Yakima ansit Manager Tony •'R V , City Manager City of Yakima/Yakima County Purchasing October 28, 2013 Dear Sir or Madam: Subject: Request for Proposals (RFP) No. 11337-P — Run -Cutting Software for Yakima Transit Addendum No. 3 This Addendum retracts the answer given in Addendum No. 2 and replaces it with the following: Question Received: The RFP cited in the email subject elaborates on the functionalities and optimization capabilities that the scheduling software proposed must meet. Would Yakima Transit be interested in proposals where the Offeror is the only one with access to a software with the cited capabilities? In other words, if the Offeror has the necessary expertise and access to a scheduling software that meets or exceeds the cited capabilities, would a service proposal where the Offeror acts as an extension to Yakima Transit Planning & Scheduling Department be contemplated by Yakima Transit under this RFP? To be clear, Yakima Transit would have access to the scheduling software only through the Offeror's services. • Answer: No. We have only one option and that is the purchase of the software. Please acknowledge receipt of this addendum on the signature page (page 29) of the RFP document. If you have any questions please call me at (509) 575-6093. I apologize for any inconvenience this Addendum may have caused you. Sincerely, L1446tidli Maria Mayhue, Sr. Buyer • 129 North Second Street • Yakima, WA 98901 • Phone: 509-575-6093 • fax 509-576-6394 City of Yakima/Yakima County Purchasing October 23, 2013 Dear Sir or Madam: Subject: Request for Proposals (RFP) No. 11337-P — Run -Cutting Software for Yakima Transit Addendum No. 2 Question Received: The RFP cited in the email subject elaborates on the functionalities and optimization capabilities that the scheduling software proposed must meet. Would Yakima Transit be interested in proposals where the Offeror is the only one with access to a software with the cited capabilities? In other words, if the Offeror has the necessary expertise and access to a scheduling software that meets or exceeds the cited capabilities, would a service proposal where the Offeror acts as an extension to Yakima Transit Planning & Scheduling Department be contemplated by Yakima Transit under this RFP? To be clear, Yakima Transit would have access to the scheduling software only through the Offeror's services. *Answer: The City would be open to reviewing such a proposal when submitted as an additional option, and would consider this option if it was in the best interest of the City to do so. All proposals must be submitted utilizing the required format as specified. Also, please keep in mind that Proposers cannot qualify their proposal in such a way as to make it non-responsive. Per the General Provisions — ATTACHMENT A: 41. Qualified Bids (Proposals) The General Terms and Conditions and Supplemental Terms and Conditions included in this bid document will govern the performance of the work. No other terms and conditions will be accepted. Bids that are conditioned in any way, or Bids that take exception in any way to the City of Yakima's General and Supplemental Terms and Conditions, may result in the Bid being considered non-responsive. Please acknowledge receipt of this addendum on the signature page (page 29) of the RFP document. If you have any questions please call me at (509) 575-6093. I apologize for any inconvenience this Addendum may have caused you. Sincerely, aria Mayhue, Sr. Buyer 129 North Second Street • Yakima, WA 98901 • Phone- 509-575-6093 • fax 509-576-6394 .SERVICE. October 15, 2013 Dear Sir or Madam: City of Yakima/Yakima County Purchasing Subject: Request for Proposals (RFP) No. 11337-P — Run -Cutting Software for Yakima Transit Addendum No. 1 Please replace the following table found on page 24 of the RFP document with the following revised table.: C. EVALUATION CRITERIA (IN ORDER OF IMPORTANCE): The Evaluation Committee will evaluate short-listed proposals based on the following criteria. A maximum score of 100 points will be used to evaluate Proposers. Each of the following elements shall have the stated maximum point value: EVALUATION CRITERIA POINTS POSSIBLE Ability to interface with existing Yakima Transit software & hardware systems: A. Compatibility with the City's hardware and software B. Paratransit software C. Microsoft Office software (Word, Excel, Access) 15 Refeeeaees- * Note: References lin required, but will not be scored 40 User interface/help features/other usability concerns 10 System expendability & compatibility with future upgrades (AVL, MDT, GPS, etc.) 10 Report generation and other outputs (operator paddles, efficiency reports, etc.) 10 Ability to incorporate YT labor agreement 10 Training/customer support 10 Cost 10 Geographic Information System/Mapping capabilities 5 Corporate stability 5 Database functionality 15 TOTAL 100 Please acknowledge receipt of this addendum on the signature page (page 29) of the RFP document. If you have any questions please call me at (509) 575-6093. I apologize for any inconvenience this Addendum may have caused you. Sincerely, 4,4(Yialliki Uri Maria Mayhue, Sr. Buyer 129 North Second Street • Yakima, WA 98901 • Phone: 509-575-6093 • fax 509-576-6394 • • CITY OF YAKIMA Documents & Specifications For Request for Proposals No. 11337-P Run -Cutting Software For City of Yakima Transit PROPOSALS MUST BE RECEIVED BY: 2:00 p.m. on November 14, 2013 PLEASE MARK YOUR SUBMITTAL "PROPOSAL 11337-P" AND SEND IT TO: Clerk's Office, City Hall 129 North 2nd Street Yakima, WA 98901 The City reserves the right to reject any and all proposals, to waive technical defects, and to select the proposal(s) deemed most advantageous to the City. October 10, 2013 011337-P Run -Cutting Software —Transit Page 1 of 44 Notice to Proposers Request for Proposals (RFP) No. 11337-P Notice is hereby given by the undersigned that sealed Requests for Qualifications will be accepted in the office of the Yakima City Clerk, Yakima City Hall, 129 N. 2nd Street, Yakima, Washington 98901 until the hour of 2:00 PM, November 14, 2013. At such time, all Respondents names will be publicly read and proposals received will be opened and accepted for consideration for: Run-Cuttinq Software for City of Yakima Transit Request for Proposal Packets are available in the office of the Purchasing Manager, City Hall, 129 N 2nd Street, Yakima, Washington, 98901. 509-575-6093. Packets are also available on the City's Purchasing Webpage at www.yakimawa.gov/services/purchasinqi . The City of Yakima reserves the right to reject any and all RFPs. Dated this 10th day of October, 2013. (Seal) Maria Mayhue, CPPB Purchasing Senior Buyer Publish on: October 10th and 11th, 2013 11337-P Run -Cutting Software —Transit Page 2 of 44 • • • • CITY OF YAKIMA REQUEST FOR PROPOSALS NO. 11337-P RUN -CUTTING SOFTWARE — TRANSIT 1. GENERAL/ADMINISTRATIVE INFORMATION • A. ISSUED BY: This Request for Proposals (RFP) is issued by City of Yakima, hereinafter referred to as the "City." B INTENT: It is the intent of these specifications to describe "Run -Cutting Software" for the Transit Department in sufficient detail to secure competitive proposals. Any variance from the specifications must be clearly pointed out in writing by the Proposer. C. OVERVIEW: This RFP contains the instructions governing the Proposals to be submitted and the materials to be included therein; mandatory requirements, which anyone wishing to submit a proposal (hereinafter referred to as "Proposer" or, after a Proposer is selected by the City, the "Contractor"), must meet to be eligible for consideration and other requirements to be met by a Proposer. This RFP contains eight sections of information and requirements governing the process by which a Proposer will be selected for the work. The eight sections of information and requirements for the RFP are as follows: 1. Genera/Administrative Information 2. Special Instructions/Requirements 3. FTA Compliance/DBE Requirements 4 Scope and Project Information 5. Technical Specifications & Analysis 6. Proposal Submittal Requirements/Format 7. Evaluation Procedure, Criteria, and Award of Contract 8. Price Proposal & Signature Sheet Attachments: A. ATTACHMENT A - B. ATTACHMENT B - C. ATTACHMENT C D. ATTACHMENT D E. ATTACHMENT E General Provisions Sample Agreement - Sample Certificate of Insurance - Agreement between City of Yakima & AFSCME Labor Union — Federally Required Clauses (FTA) D. RESERVATION: The City reserves the right to award the contract to the Proposer that it deems to offer the best overall proposal in its sole discretion. The City reserves the right to revise the RFP schedule, to revise the RFP and/or to issue amendments to the RFP. The City also reserves the right to cancel or to reissue the RFP, in whole or in part, prior to the execution of a contract. The City also reserves the right to refrain from contracting with any and all applicants. The release of the RFP does not compel the City to enter into any contract pursuant to the RFP •7P - Run -Cutting Software —Transit Page 3 of 44 The City reserves the right to correct obvious ambiguities and errors in the Proposer's submittal ar� waive non -material irregularities and/or omissions. E. RIGHT TO REJECT/ACCEPT. The City of Yakima reserves the right to reject any or all proposals or accept any presented, which meet or exceed these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low bid. F. BEST MODERN PRACTICES: All work, including design, shall be performed and completed in accordance with the best modern practices. Further, no detail, necessary for safe and regular operation, shall be omitted, although specific mention thereof may not be made in these specifications. G. TERM: It is the intent of this RFP to establish a long-term contractual relationship with the vendor to continue to supply software, upgrades and services as the City of Yakima requires. The contract shall remain in full force and effect until terminated pursuant to the applicable paragraph(s) of the Agreement. H. QUANTITIES. The City does not bind itself to purchase the full quantities stipulated in the proposal as estimates The quantities shown as estimates are not exact and are given for the purpose of comparing Bid Proposals upon a uniform basis. Payment will be made only for quantities actually ordered, delivered, and accepted, whether greater or less than the stated amounts. ID I. PAYMENTS. Vendor is to submit properly completed invoice(s) to the address specified on the purchase order. To insure prompt payment each invoice should cite purchase order number, proposal number (11337-P), quantities, the unit price and the total charge. The invoice should also include any discount terms and include the vendor's name and return remittance address. Payment terms are net 30 days. J PAYMENT ADVANCES: The Constitution of the State of Washington prohibits payments in advance for anticipation of receipt of goods or services. Vendors are paid after services and products are delivered and accepted. K. INTERLOCAL PURCHASING. It is also the intent of this bid document to make available to other local government entities of the State of Washington, by mutual agreement with the successful bidder, and properly authorized interlocal purchasing agreements as provided for by RCW Ch. 39.34, the right to purchase the same equipment, at the prices quoted, for the period of this contract. Each bidder shall indicate on the Bid form in the space provided below if he will honor Political Subdivision orders in accordance with contract terms and conditions, in addition to orders from the City of Yakima. O Yes O No 11337-P Run -Cutting Software —Transit Page 4 of 44 • • • L. SERVICES PROVIDED BY DIFFERENT CONTRACTOR: Should the Contractor be unable to or refuse to provide services, on any given day, against this predetermined schedule to which the Contractor has agreed and the City is forced to hire out services from a different contractor, the difference in the Bid price of the services and that paid the new contractor, in order to do the work, shall be charged to and paid for by the Contractor holding the Bid award for these services. Contractor shall not, however, be responsible for delays in delivery due to: 1. Unavoidable mechanical breakdowns, 2 Strikes, 3. Inability to secure component materials, 4. Acts of God, or 5 Fire. Provided the City of Yakima Purchasing Manager is notified in writing by the Contractor of such pending or actual delay. In the event of any delay, the date of delivery shall be extended for a period equal to the time lost due to the reason for the delay. M. CHANGES: Any proposed change in this contract shall be submitted to the Yakima City/County Purchasing Buyer for prior approval and then the Buyer will make the change by contract modification to be approved by the City Manager. Any oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid. N. Expansion Clause: Any resultant contract may be further expanded by the Purchasing Buyer in writing to include any other related services normally offered by the Contractor, as long as the price of such additional services are based on the same cost/profit formula as the listed item. Any new services accepted by the City may be added to this contract and/or substituted for discontinued services. New services shall meet or exceed all proposal specifications of original award. O. DELEGATION OF PROFESSIONAL SERVICES: The services provided for herein shall be performed by the Contractor, and no person other than regular associates or employees of the Contractor shall be engaged upon such work or services except upon prior written approval of the City. P. RELATIONSHIP BETWEEN CITY AND CONTRACTOR: Contractor and any authorized subcontractors shall at all times be an independent contractor and not an agent or representative of the City with regard to performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of the City. In no event shall Contractor be authorized to enter into any agreement or undertaking for or on behalf of the City. Run -Cutting Software —Transit 7-P 0Page 5 of 44 Q. PROPERTY RIGHTS: • All records or papers of any sort relating to the City and to the project will at all times be the property of the City and shall be surrendered to the City upon demand. All information concerning the City and said project, which is not otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in whole or part, now or at any time disclose that information without the express written consent of the City. R. WORK MADE FOR HIRE: All work the Contractor performs under this agreement shall be considered work made for hire, and shall be the property of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, reports, and any other materials the Contractor produces in connection with this agreement. On completion or termination of the agreement, the Contractor shall deliver these materials to the City project manager. S. HOLD HARMLESS: Contractor shall, and hereby agrees to, release, save, otherwise hold harmless, and indemnify the City of Yakima from claims, demands, damages, actions, causes of actions or other liability, injury, or harm caused by act or omissions, foreseen or unforeseen, negligent or otherwise, that would otherwise befall said City arising out of the Contractor's implementation of the terms of this contract. T. POINTS NOT ADDRESSED. Proposers are encouraged to list any points not addressed in these specifications that they feel improve r enhance the operation of their services. 2. SPECIAL INSTRUCTIONS/REQUIREMENTS A. PURPOSE: The City of Yakima is requesting proposals from firms and individuals interested in providing a fully automated, fully integrated run -cutting and scheduling software package that meets the requirements of the City of Yakima. The successful Proposer will be required to comply with Equal Employment Opportunity laws, as well as other applicable federal, state, and local laws and requirements. B. DEFINITIONS: 1. City: The City of Yakima, Washington, and its departments. 2. YT: Yakima Transit. 3. Proposer: The person(s) or firm submitting the proposal. 4. Contractor: The Proposer who is awarded the contract. 5. RFP: The Request for Proposals, including any amendments or other addenda hereto. In case of conflict between the RFP and exhibits, the RFP governs. 11337-P Run -Cutting Software —Transit Page 6 of 44 • • • 6. Evaluation Committee: The RFP Evaluation Committee will score all responsive Proposals based upon the predetermined scoring matrix included herein, conduct interviews and negotiations, and make a Recommendation of Award to City Council. 7. Proposal: The materials submitted by each Proposer in response to the RFP, including all attachments. C. RFP ADMINISTRATION: Upon release of this RFP, all applicant communication should be directed in writing to the RFP Coordinator listed below. Any oral communications with other City employees will be considered unofficial and non-binding on the City. D. INQUIRIES: Prospective Proposers may make inquiries concerning this RFP to obtain clarification of requirements. All inquiries will be made in writing. All material clarifications will be made in the form of an Addendum addressed to all Proposers. E. RFP COORDINATOR: The RFP Coordinator is: Maria Mayhue, Purchasing Senior Buyer City of Yakima 129 No. 2nd Street Yakima, WA 98901 Ph: 509-575-6094 Email: maria.mavhueavakimawa.gov F. ADDENDA TO RFP: The City of Yakima reserves the right to make any changes in the RFP as deemed appropriate. Any and all changes shall be made by written addendum, which shall be issued by the City of Yakima to all prospective Proposers who have been issued copies of the RFP from the City of Yakima. G. APPLICANTS' QUESTIONS. Any person or firm contemplating submittal of an RFP who is uncertain as to the intended meaning of any part of the RFP or other contract documents, or who finds discrepancies in, or omissions from the RFP may request interpretation, clarification, or correction of this RFP. Such request must be in writing and must be delivered to the RFP Coordinator by mail, e-mail, or hand delivery not later than five (5) calendar days before the deadline for delivery of RFP. The person submitting the request is responsible for its timely delivery. Any interpretation or correction of the RFP will be made only by written addendum and will be mailed or delivered to each person receiving this RFP, in addition to being posted on the City Purchasing webpage. Any information given to any Proposer concerning the solicitation or any changes to the RFP shall be provided in writing to all Proposers to ensure that all Proposers receive the same information relating to the RFP. The City will not be responsible for any other interpretation, clarification, or correction of this RFP. Proposers must acknowledge receipt of any addenda received in their response by either stating they received the addenda, or returning said addenda with their response. 7-P Run -Cutting Software —Transit Page 7 of 44 Each Proposer should verify that it has received all addenda to this RFP by direct inquiry to the F Coordinator or by checking the City's Purchasing Webpage at www.yakimawa.gov/services/purchasir . before submitting proposals H. PRELIMINARY RFP SCHEDULE (may be revised as needed): Date RFP Released 10/10/13 Proposal Packets Due 11/14/13 at 2:00 p m. Interviews and Evaluation 11/18-27/13 Mailing of status letters to Proposers 12/02/13 Contract Negotiations 12/03-20/13 Award of Contract by City Council 02/04/14 Proposed Project Start Date 02/11/14 Implementation Date 05/01/14 I DEADLINE FOR DELIVERY OF PROPOSALS' One (1) original Proposal with five (5) complete copies, and one (1) digital copy provided on CD or thumb drive shall be submitted to and date stamped by the City Clerk's Office. City of Yakima Clerk's Office 129 No. 2nd St. Yakima, WA 98901 Proposals must be received and stamped in by 2:00 p.m. on November 14, 2013, in a se package labeled RFP No. 11337-P Run -Cutting Software — Yakima Transit, with the date and tim proposal opening written on the face of it. If you plan on attending the proposal opening, DO NOT BRING YOUR PROPOSAL WITH YOU INTO THE OPENING ROOM. It must be received and date stamped by the Clerk's Office. PROPOSALS RECEIVED AFTER 2:00 P.M. PST, November 14, 2013 WILL NOT BE ELIGIBLE FOR CONSIDERATION THE DEADLINE WILL BE STRICTLY ADHERED TO. LATE PROPOSALS WILL NOT BE CONSIDERED. Proposals, which do not include all requested information and required documentation, may be considered non-responsive. Proposals will not be accepted via e-mail or facsimile transmission J. WITHDRAWAL/SUPPLEMENT OF PROPOSALS' Proposers may withdraw or supplement their responses at any time prior to the response closing date and time. K. COMPLETENESS OF PROPOSAL: A Proposal may be rejected if it is conditional or incomplete, or if it contains any alterations of form or other irregularities of any kind A Proposal shall be rejected if any such conditions, incompleteness, alterations, or irregularities constitute a material deviation from the RFP requirements. 11337-P Run -Cutting Software —Transit Page 8 of 44 • • t L. FALSE OR MISLEADING STATEMENTS: Proposals which contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the respondent, may, at the City's sole discretion, be rejected. M. PROPRIETARY INFORMATION: Washington State Public Disclosure Act (RCW Ch. 42.56, et seq.) requires public agencies in Washington to promptly make public records available for inspection and copying unless they fall within the specified exemptions contained in the Act, or are otherwise privileged. Documents submitted under this Specification shall be considered public records and, with limited exceptions, will be made available for inspection and copying by the public. If the Respondent considers any submittal document to be protected from disclosure under the law, the Respondent shall clearly identify on the affected page(s) such words as "CONFIDENTIAL," "PROPRIETARY," or BUSINESS SECRET." The Respondent shall also submit an index with its submittal identifying the affected page number(s) and location(s) of all such identified material Marking the entire submittal as "confidential" or "proprietary" is not acceptable and is grounds to reject such submittal If a request is made for disclosure of such identified documents or portions thereof, the City will determine whether the material is exempt from public disclosure. If, in the City's opinion, the material is subject to disclosure, the City will notify Respondent of the request and impending release and allow the Respondent 10 days to take whatever action it deems necessary to protect its interests. The City will cooperate with any legal action initiated by the Respondent to prevent release, provided that all expense of such action shall be borne solely by the Respondent, including any damages, attorney's fees or costs awarded by reason of having opposed disclosure and Respondent shall indemnify City against same If the Respondent fails or neglects to take such action within said period, the City will release all materials deemed subject to disclosure. Submission of materials in response to this solicitation shall constitute assent by the Respondent to the foregoing procedure and the Respondent shall have no claim against the City on account of actions taken pursuant to such procedure. N. CONTRACT OBLIGATIONS. Contract obligations will also include all work defined under Scope of Services as found in this RFP. In addition, work not specifically called out, but indicated as provided in the proposals shall become contract obligations O. COST TO DEVELOP PROPOSALS: Costs for developing proposals in response to the RFP are entirely the obligation of the Proposer and shall not be chargeable in any manner to the City. P. INSURANCE: CONTRACTOR'S LIABILITY INSURANCE: The Contractor shall obtain and maintain, in full force and effect during the term of the contract, commercial general liability and professional liability coverage with insurance carriers admitted to do business in the State of Washington. The insurance companies must carry a Best's Rating of A- VII or -P Run -Cutting Software —Transit Page 9 of 44 better. The policies will be written on an occurrence basis, subject to the following minimum limiU liability: Commercial General Liability and Professional Liability: Combined Single Limit: $1,000,000 Per Occurrence $2,000,000 Annual Aggregate The City of Yakima, its agents, elected and appointed officials, volunteers, and employees are to be listed as additional insureds under the policies. The Contractor will provide a Certificate of Insurance to the City as evidence of coverage. The insured will provide the City with a 30 -day notice of cancellation in the event coverage is cancelled during the term of this Contract. A copy of the additional insured endorsement attached to the policy will be included with the certificate. The Contractor shall also maintain worker's compensation through the State of Washington If at any time during the life of the contract or any extension, the Contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the City to terminate the contract. This Certificate of insurance shall be provided to the Purchasing Manager, prior to commencement of this work. 3. FTA COMPLIANCE/DBE REQUIREMENTS: A. COMPLIANCE WITH LAWS: The successful bidder shall comply with applicable Federal, State, and local laws, regulations, and executive orders which are incorporated by reference herein. This bid may possibly be used by various divisions that are partially Federally funded, and, therefore, must adhere to the following federal regulations, such as DBE, Lobbying and Debarment. Disadvantaged Business Enterprise: In response to Federal Regulations, the City of Yakima has established a goal for participation of Disadvantaged Business Enterprise (DBE) in City funded projects. The current goal is < 1%. Contractors are expected to assist the City of Yakima by meeting these goals. Contractors are encouraged to give consideration to Disadvantaged Businesses and report to the City of Yakima where they have been successful in utilizing Disadvantaged Businesses. If Contractor is certified DBE, please enter your certification number below: DBE Certification No. Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements: By signing this proposal, the successful vendor certifies to the best of his or her knowledge and belief, that: 11337-P Run -Cutting Software —Transit Page 10 of 44 • • • 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than the Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned will require that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is the prerequisite for making or entering into this transaction imposed by 31 USC § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Certification of Lower -Tier Participants Regarding Debarment, Suspension, and Other Ineligibility and Voluntary Exclusion. The Lower Tier Participant (potential sub -grantee or sub -recipient under an FTA project, potential third party Contractor or potential sub -contractor under a major third party contract), , certifies by submission of this proposal, that neither it, nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. If the Lower Tier Participant (potential sub -grantee or sub -recipient under an FTA project, potential third party Contractor or potential sub -contractor under a major third party contract) is unable to certify to any of the statements in this certification, such Participant will attach an explanation to this proposal. The Lower Tier Participant (potential sub -grantee or sub -recipient under an FTA project, potential third party contractor or potential sub -contractor under a major third party contract) , certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 USC §§ 3801, et seq are applicable thereto. B DISCRIMINATION. The Contractor or subcontractor shall not discriminate on the basis of race, color, sex, or national origin 0in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR 7-P Run -Cutting Software —Transit Page 11 of 44 Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to c out these requirements is a material breach of this contract, which may result in the termination of t contract or such other remedy, as the recipient deems appropriate. C. PROMPT PAYMENT: 1. The Prime Contractor agrees it is important to pay each subcontractor promptly under this prime contract for satisfactory performance and failure to do so may exclude DBE subcontractors from participating in City contracts. 2. Therefore, the Contractor agrees to bill the City for each subcontractor's satisfactory performance of work on at least a bi-weekly basis, and pay each subcontractor under this prime contract for satisfactory performance of its contract no later than fourteen days from the receipt and approval of an invoice from the Prime Contractor. 3. The Prime Contractor agrees further to return retainage payments to each subcontractor within fourteen days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non -DBE subcontractors. FEDERALLY REQUIRED CLAUSES ATTACHED AT END OF DOCUMENT (Attachment E) 4. SCOPE AND PROJECT INFORMATION A. AGENCY BACKGROUND: The City of Yakima has a municipally -operated transit system providing fixed -route and paratrai'1!�!� services throughout Yakima, Washington and to the adjoining City of Selah, Washington. The population of Yakima is approximately 92,000 in an area of about 30 square miles. The population of Selah is approximately 7,200 in an area of 4.4 square miles. Yakima Transit has existed since 1907 and became a part of city government in 1966. Yakima Transit (YT) ridership has been relatively stable in the last 10 years with the exception of a sharp increase due to increased fuel costs in 2007/2008. Since that time YT has grown steadily as additional equipment and facilities have been placed into service and public awareness of mass transit has increased. In 2012, YT's total fixed -route ridership was 1,538,794 and paratransit ridership was 81,410. Yakima Transit is a municipally operated transportation service for the City of Yakima in the state of Washington and is governed by the city council and the manager of the City of Yakima. B. PROJECT BACKGROUND AND PURPOSE: The run -cutting and scheduling software selected shall meet the following requirements of YT: 1. Overall Business Requirements. a. Maximize the efficiency of equipment and labor use; b. Reduce the cycle time required to make schedule changes; 11337-P Run -Cutting Software —Transit Page 12 of 44 t • t c. Efficiently analyze alternative schedule scenarios; d. Provide flexibility to satisfy YT union contracts and operational constraints; and, e. Allow for future integration with other agency functions, including paratransit, customer assistance and scheduling. 2. Yakima Transit Fixed Route Service. YT operates 10 bus routes with a variety of bus types and facilities that are not interchangeable on all routes. YT maintains a fleet of 24 fixed -route vehicles. YT operates a timed -transfer system, and through agreement with other regional agencies, honors timed - transfers from People for People (Community Connector), Union Gap Transit, HopeSource (Yakima -Ellensburg Commuter), and in the near future, Yakama Nation Transit (Pahto Public Passage). Telephone customer information services are provided through YT. YT currently performs run -cutting using a manual process. YT generates a General Transit Feed Specification (GTFS) of its routes, stops and schedules that is used to provide trip planning services for YT ridership. C. YAKIMA TRANSIT INFORMATION SYSTEMS OVERVIEW: The YT information system consists of Windows XP7. This system must work without local administrative rights on the computer running it. The standard desktop workstation is an IBM-compatible microcomputer Pentium running Microsoft. Hardware and software upgrades are provided through city computer services as identified. Yakima Transit uses Microsoft Office as its standard general office software. The City's Information Technology Department, utilizes GIS to maintain routes, stops and schedules for use by YT and the public The buses are equipped with Cellular modems that send positioning information using GPS technology. The run -cutting software database will ideally draw upon and provide information to various other YT database applications, including personnel databases, customer service systems, bus stop and vehicle inventories, executive information systems, and various other agency information systems. The ideal system will be able to transfer driver assignment data to the City of Yakima time -keeping system. D. CONTRACTOR RESPONSIBILITY - The Contractor will hire, train, and pay all personnel involved in the development, customization, installation, and staff training for the software. The Contractor will conduct and direct all activities during the software installation. The Contractor will also ensure that all information and data for the project are accurate and in accordance with YT's operating standards and policies. The Contractor will analyze and interpret software program performance to enable the program manager and other pertinent YT staff to understand the system's capabilities. 37-P Run -Cutting Software —Transit Page 13 of 44 Following installation, the Contractor will produce a report on the success and/or failure of the syst capability to incorporate the YT labor agreement. This report will be made available for review by program manager or designated City staff. The report will list all malfunctions, missed information, and any variances between the YT labor agreement as written compared with that coded into the run - cutting software. The report will also describe how these anomalies, if any, will be corrected, when they will be corrected, and how the corrections will affect the ability of the software to perform according to YT's expectations. The current YT labor agreement may be viewed at: http://www.vaki mawa. qov/services/hr/files/AFSCME-Transit-CBA-2010-2012-Am mended. pdf An updated labor agreement will be going to City Council on November 5, 2013 and if approved, will supersede the agreement above. Proposers will be notified when a copy of the new labor agreement is made available. The Contractor shall provide a full and complete set of system and user documentation, which includes database schema(s), and an example of all standard reports. The Contractor will ensure that an error -free method of transferring data from the new system to the City's existing computer system is established. E. YAKIMA TRANSIT RESPONSIBILITY: YT will provide (a) a full set of coach operator work schedules; (b) an YT labor agreement; (c) vehicle block/headway reports; (d) other information as necessary to complete the software customization an installation. YT will be available to provide assistance and/or interpretation of all data supplied by the agency. Formal and informal communication following contract award shall be directed to Transit Manager Ken Mehin at (509) 576-6415, who will serve as the project manager. F. TIME OF PERFORMANCE: The Contractor shall complete design and installation of the run -cutting and scheduling software within 60 days after execution of the contract (anticipated to be February 4, 2014). G. PROGRESS REPORTS: The Contractor shall deliver a verbal progress update to the project manager via telephone at least once per week during the performance of the work. The report shall discuss the progress of the work, any obstacles to performance of the work, and indicate the estimated completion date for the work. 5. TECHNICAL SPECIFICATIONS & ANALYSIS A. GENERAL INFORMATION: Yakima Transit (YT) is the municipally -operated transportation service provider for the City of Yakima. The City of Yakima wishes to secure a fully automated, fully integrated run -cutting and scheduling software package for both fixed -route and paratransit services that meets the business requirements of YT. 11337-P Run -Cutting Software — Transit Page 14 of 44 I • B. EXCEPTIONS: Specifications of the equipment bid shall be equal to or better than the specifications stated herein and all exceptions to these specifications shall be so listed on a separate sheet headed "EXCEPTIONS TO THE SPECIFICATIONS." Any Bid submitted without exceptions will be required to meet every detail of these specifications regardless of cost to the successful vendor. C. TECHNICAL SPECIFICATION ANALYSIS: Each Proposer shall respond to the "TECHNICAL SPECIFICATION ANALYSIS" section of the Proposal and same shall be returned with the vendor's proposal. Failure to do so will be cause for rejection of said proposal. By responding to this RFP, the Proposer warrants that (s)he is qualified and has knowledge of fully automated, fully integrated run -cutting and scheduling software that meets the business requirements of the City of Yakima. Therefore, the omission of a particular task in the following Scope of Work shall not relieve the Proposer from the duty to perform same if it is necessary for the successful completion of the project. D. TECHNICAL SPECIFICATIONS/SYSTEM REQUIREMENTS: In your Proposal, please respond to the following, regarding the functionality of your software system. Responses must be numbered and addressed in the exact sequence as shown below. If the system performs above and beyond what is being asked, don't hesitate to include additional performance features: iv. Business Information: 1. Company Name and Address 2. Contact Information - Name, Phone, Fax, E-mail for the following: a. Officer/Principal b. Sales c. Support 3. Local/Regional Office Address 4. Year and Location Incorporated 5. Number of Installations 6. Number of Installations in Similar Size Agencies (20-50 peak vehicles) 7. Number of Employees 8. Size of Support Staff B. General Product Information: 1. Name of Product 2. Modules Included in Proposal 3. Options 4. Year of Product Introduction Page 15 of 44 7-P Run -Cutting Software —Transit 5. Frequency of Major Release Upgrades 6. Most Recent Upgrade 7. Product Warranty Information C. References: • Provide at least five (5) references of users of the system (or comparable system) including: 1. Company and Address 2. Contact Name, Phone, and E-mail 3. Year of Implementation 4. Number of Peak Hour Vehicles 5. Description of products/services provided and any major variations. D. General Requirements: 1. Describe the system architecture, including the following: a. Operating System Requirements (MS Windows, etc.) b. Programming Language(s) c. Format of the database. Is the system ODBC compliant? d. Server requirements, memory, storage, operating system, etc. e. Workstation hardware, operating system, configuration, communications, and me requirements. f Does the system support a Windows interface? If so, what versions are supported? 2. Does the system have a report writer feature? If yes, please answer the following: a. Are the reports customizable? b. Does the report use Windows Print Manager and/or have print queue management functions? c. Is the report writer an integrated component of the software or a third -party product? If the latter, include information on the product and its manufacturer. d. Please provide samples of all standard reports available via the software system and/or the report writer. 3. Describe the system's capability to integrate data with Microsoft Office products (Word, Excel, and Access). 4. Does your system integrate with Geographic Information Systems (GIS)? If so, describe which GIS systems are compatible and if data is directly importable or requires an import/export process. 5. Describe system security features: a. Does the system provide for control over user access to specific screens and fields within such screens? 11337-P Run -Cutting Software —Transit Page 16 of 44 • • b. Does the system provide for control over user access to specific commands and functions? c. Does the system provide for control over user rights to view, add, modify, or delete specific data elements and records? 6. Describe on-line help: a. Does the system include a graphic user interface with hypertext functions? b. Does the on-line help system allow the user to search by keyword or through browsing? c. Does the system provide context -sensitive on-line help for system commands, menus, screens, and options? 7. Written Documentation - Proposers shall submit a full and complete set of system and user documentation, including the database schema(s). a. Functional Requirements: 1). General a). Describe the manner in which data is stored in an integrated schedule database such that data integrity is ensured and that changes are reflected throughout the system. b). Does the system allow for the modification of records by multiple users simultaneously? c). Does the system provide the ability to identify and highlight invalid run -cutting times, routings, timepoints, and trips prior to the run -cutting function? d). Does the system accommodate the use of specific vehicle types on a trip, block, route, and time -of -day basis? e). Can the system restrict the interlining of routes and trips between routes? 2). Timepoint Features a). Describe how timepoints are linked together into patterns, trips, routes, and attributes available in the route definition. b). List attributes that may be defined for each timepoint (name, maximum vehicle capacity, ADA compliant, etc.). Please include field lengths for text fields such as name, etc. c). Does the system allow timepoints to be added, deleted, or modified even where scheduled trips already exist? If yes, will such changes cause scheduled trips to be updated, either automatically or upon users' command? d). Definition of running time between points. (1) Does the system provide for running time between two points to be edited by direction, time of day, day of week? (2) Can running time between a timepoint pair be used as a system -wide default for all routes traveling between the two given timepoints at any time of day? 7-P Run -Cutting Software —Transit Page 17 of 44 e). Can the system differentiate two or more paths between a given timepointU and maintain different running times? f). Can the system copy one route into another route and allow editing? g). Can the system support hand-held geocode devices to input and maintain the mapping database? If so, what devices are supported? 3). Building Trips and Routes a). Describe the process of entering schedule data associated with trips and routes Please attach print screens for developing the schedule based on the defined timepoints and patterns. b). Are the following attributes available for each trip? (1) Vehicle type (2) Pull -in and pull-out times (3) Block number, route, and direction of previous/sub sequent trip on the block. c). Does the system allow customized views for data entry and inquiries? Describe. d). In the case where the user overrides or changes one or more (but not all) default running times for an individual trip, can the user specify that the trip be regenerated: (1) Forward from a timepoint pair? (2) Backward from a timepoint pair? • (3) In both directions from a timepoint pair? e). Can the system warn the user if more than one vehicle arrives at a specific timepoint within a certain amount of time? Can the user set a limit on the number of vehicles allowed at once at a given timepoint? (For example, at transit centers, there is a constraint on the number of buses that can be accommodated at any one time.) 4). Block Building Requirements a). How does the system automatically block trips into optimized vehicle assignments such that the number of coaches and platform hours are minimized given vehicle attribute and layover requirements? Describe. b). Can the user specify a timepoint at which a layover must occur? c) For a route trip or set of trips, can the user specify layover requirements for minimum and maximum length, a percentage of running time, or a combination? d). Can the user specify penalties for deadheading and interlining? e). Can the user exclude one or more trips from blocking (i.e., manually block certain trips and have the system block the remaining trips)? f). During manual blocking, can the system warn the user if certain parameters such as layover time, etc., are not met? 11337-P Run -Cutting Software — Transit Page 18 of 44 0 • • g). Can the user manually override vehicle assignments that result from automatic blocking? h). While blocking, can the system report platform, deadhead, and revenue miles by block, route, time periods, or service days? i). How are route/run numbers assigned by the system during the blocking process? 5). Run -Cutting a). How does the system automatically cut vehicle assignments into optimized operator assignments or runs such that overall costs are minimized given union contract rules, pay rates, work rules, and management requirements? b). Can the user manually cut certain vehicle assignments and have the system generate the remaining assignments? c). After the system has generated a run cut, can the user override certain vehicle assignments and regenerate the remaining assignments automatically? d). While run -cutting, can the system use certain timepoints identified by the user as relief points between operator assignments and automatically build the travel time into the assignments? e). Can the user identify the mode of travel to be used to and from relief points, (i.e. bus, car)? f). Does the system allow for scheduling and driver assignment for travel to/from the garage or other relief points, including incorporating travel time into labor efficiency reports? g). Does the system accommodate driver lunch breaks, including minimum time from shift start, minimum time from end of shift and minimum and maximum duration? h). Does the system allow for varying report times according to the mode of travel from base to first revenue point? i). Does the system allow definition of report time according to vehicle assignment (i.e., vehicle checkout time, sign -in time, etc.)? j). When run -cutting is completed, can the user query/view runs and their associated attributes, such as type, cost measures, vehicle assignment, sort runs in the view? 6). Scheduling, Generation of Operator Bid Documents a). After run -cutting is complete, does the system generate an operator -friendly schedule for assignments? Vehicle block numbers, equipment type, operator report time(s) and off- time(s) and locations, overtime, and travel time should all be included. Please attach copies of sample documents. b). Describe available methods for customizing system reports. c). Does the system allow for inclusion in driver assignment sheet comments 40attached to timepoints and timepoint pairs? 7-P Run -Cutting Software —Transit Page 19 of 44 d). Can the system perform "what-if" analysis for work assignments based varying work rules and regulations? 7). System Handling of Specific YT Bid Assignment Types a). Describe the capabilities of the system to handle these and other run types, including four-day, then-hour work weeks. (1) Operators work either five eight-hour days with two days off in seven or four ten-hour days with 3 days off in seven. Days off are not joined during the run cut but are picked by the operators on a seniority basis and need not be consecutive. (2) Straight Runs — A certain percent of all runs must be straight runs. (3) Split runs — A certain percent of all runs may be split runs. Split runs may not be 10-hour runs. Split runs that do not go beyond eleven hours will have a minimum of one hour at time and one half. Splits runs that go beyond eleven hours shall be paid time and one half for all work beyond the eleventh hour (starting at 11:01). This is not in addition to any overtime the run may have. All split runs that go beyond the eleventh hour will have a minimum of 7.30 hours of Regular (straight time) pay. (4) All runs are paid from sign on until the driver is back to the property. (5) All runs pay a minimum of eight hours if five eights are selected or ten hours if four tens are selected. (6) Operators are paid time and one half after eight or ten hours in a il (depending on whether they work five eights or four tens). (7) Relief runs are picked from shifts left when a regular driver has take weekdays off. Relief operators may or may not have a Saturday or Sunday run, depending on their choice of days off. (8) There are part time operators. (9) All pieces of work pay a minimum of 2 hours 8) Constraints for Scheduling Due to Operating Policies and Union Contract a). Numerous constraints and limitations are imposed on the scheduling and run- cutting processes by existing operating policies and the union contract. These provisions and limitations include, but are not limited to: minimum and maximum work times; spread times and spread premiums; report times; travel times; and overtime. Describe the general capabilities of the system to effectively address these issues. A copy of Yakima Transit's current agreement with the AFSCME Transit Union, Local #1122, is included with this RFP (Attachment D). b. Training and Customer Support 1). On-site Training - Describe in detail, the proposed training elements that would be included in the initial procurement of the software system. Include in the description information regarding the number of training staff available, the number of hours of 11337-P Run -Cutting Software —Transit Page 20 of 44 • training, limits or restrictions on the number of personnel who may be trained, documentation and support provided, and other pertinent information. 2). Follow-up Training - Describe options for additional training opportunities following installation. Include information regarding additional on-site training and associated costs, off-site training availability, existence of user groups (including locations), and other training options. 3). Customer Support - Describe all relevant customer support options, including the following. a). Available support hours b). Policies regarding after-hours support (if applicable) c). System upgrade policies d). Availability of remote support and diagnostics by Proposer e). Support for dial-up access for troubleshooting purposes 6. PROPOSAL SUBMITTAL REQUIREMENTS/FORMAT Each proposal shall contain the following items: A. PROPOSAL DOCUMENTS/SUBMITTAL: Proposal Documents shall include, in fact or by reference, the following: 1. Proposal (RFP) 2. Addenda to RFP (if any) 3. Response to Technical Specifications Analysis in the exact sequence shown. 4. Price Proposal & Signature Sheet 5. Supplements to Proposal (if any) Proposals should be prepared simply and economically providing a straightforward, concise description of qualifications to satisfy the requirements of the RFP. Please do not submit binders, brochures, or other attachments. If additional information is required, it will be requested after the review of the proposals. The City shall not be liable for any expense incurred in the preparation of proposals. The Proposal must be signed by an authorized agent. All proposals and submissions will become the property of the City of Yakima and will not be returned to the Proposer. B. GENERAL REQUIREMENTS OF PROPOSAL: 1. A Letter of Transmittal signed by the party authorized to execute contracts on behalf of the Proposer. This letter shall contain a statement that the Proposer has received, read, and understands all requirements of this Request for Proposals (RFP). The letter should also acknowledge receipt of any addenda distributed after release of the RFP. The letter should state that the Proposer has the scheduling capability to perform the work within the required timeline and that the Proposer has the proper certifications and licenses to 7-P Run -Cutting Software —Transit Page 21 of 44 t legally perform the duties required. The cover letter should state that the pro. remains in effect for at least ninety (90) days after submission. 2. Table of Contents. 3. Summary of Proposal. 4. Required FTA Certifications should be completed and returned with the proposal (See Section 3 COMPLIANCE/DBE REQUIREMENTS: pages 10-12 as well as all applicable Certifications included in ATTACHMENT E - FTA Clauses). C. UNDERSTANDING OF PROJECT: The proposal shall include a narrative demonstrating the Proposer's understanding of the project requirements. Provide an overview of the elements involved in carrying out the Scope of Work. D. APPROACH: The proposal shall address the Scope of Work outlined in the RFP and describe how the Proposer intends to carry out the tasks involved in each phase. A project schedule shall be provided outlining specific tasks to be performed, key milestone dates, and individuals responsible for each task. Describe the Proposer's project management techniques for ensuring that the work is accomplished in accordance with established standards and schedules. E. EXPERIENCE AND QUALIFICATIONS The proposal shall describe the Proposer's overall qualifications for the project and any previous experience on similar or related projects The proposal shall include resumes and a description of specific past experience for the key individual(s) who would perform the services described herein. Proposer shall designate a project manager who shall be the responsible individual and the poi contact between YT's project manager and the Contractor. F. PROJECT ORGANIZATION AND STAFF. The Proposer shall submit a project staff chart clearly identifying the project manager and key personnel associated with conducting the required Scope of Work. The proposal shall also include a brief description of all current and pending other assignments of the firm or firms. If subcontractors are proposed for the project, the identification and qualifications of all proposed subcontractors shall be disclosed. Each subcontractor must be identified in the proposal along with a brief statement listing the specific qualifications of the subcontractor for this project and the way in which the subcontractor will augment the Proposer's in-house expertise. If subcontractors are selected by the Proposer after award of the contract, such subcontractors will be subject to approval by the City. The prime Contractor will be required to perform at least fifty percent (50%) of the contracted work. G. PRICE PROPOSAL: Proposer shall submit a price proposal based on a "corporate rate", which includes all costs related to the provision of the run -cutting and scheduling software: the hourly rate for professional staff, clerical staff, and support staff, as well as charges for computer time, copy and fax charges, and other related expenses. The price proposal should be presented in an hourly rate and a total number of hours 11337-P Run -Cutting Software —Transit Page 22 of 44 • • • estimated to complete the project. The price proposal should be submitted on the proper form (Attachment C). Proposals submitted on other forms or formats shall not be considered. H TAXES, LICENSES & PERMITS The successful vendor shall procure and keep current all required Federal, State, and local licenses and permits required for purchase, installation, and use. The vendor shall pay all applicable taxes All taxes shall be listed as a separate line item. I. AVAILABILITY: The proposal shall include a statement of other work currently underway or anticipated to be in progress during the timeframe of this project and show how the Proposer intends to schedule projects so this project is accomplished as well J OTHER INFORMATION: The Proposer is free to include other information that may assist the City in determining the Proposer's qualifications to undertake the work described, including: 1. A listing of principal current accounts; 2. The Proposer's philosophy of doing business and its relationship to clients; 3 A description of the Proposer's experience/understanding with public agencies or government accounts. K. REQUIRED CONTRACT CLAUSES: A sample agreement containing required contract clauses is attached (see Attachment B) Any excep- tions to the clauses listed must be stated in the proposal. Any exceptions taken after submittal of a proposal may result in elimination of the Proposer from consideration for contract award The City understands there may be a required license agreement for the software portion of this procurement. If a conflict exists, however, between the City's agreement and the license agreement, the City's agreement supersedes the license agreement. 7. EVALUATION PROCEDURE, CRITERIA AND AWARD OF CONTRACT A. EVALUATION PROCEDURE The Purchasing Division will screen all proposals for responsiveness to the specifications. An Evaluation Committee will be formed by the City to review each responsive proposal. The Evaluation Committee will conduct an initial review and short-list 2 or 3 proposals to be further evaluated and scored. The proposals shall be reviewed solely on the information received in the written response and the responses from reference check calls. As a result of this review, the Evaluation Committee may select Proposers to be interviewed. The Evaluation Committee may ask these selected Proposers for further written information or clarification related to the proposed services, software capabilities, and personal or client references. Whether there will be interviews and who will be invited to make a presentation to the Evaluation Committee will be at the sole discretion of the City Run -Cutting Software —Transit Page 23 of 44 B. CONTACT RESTRICTION: • Proposer shall have no exclusive meetings, conversations, or communications with an evaluation team member on any aspect of the RFP, after submittal. All questions or concerns will be directed to the Purchasing Buyer. C. EVALUATION CRITERIA (IN ORDER OF IMPORTANCE): The Evaluation Committee will evaluate short-listed proposals based on the following criteria. A maximum score of 100 points will be used to evaluate Proposers. Each of the following elements shall have the stated maximum point value: EVALUATION CRITERIA POINTS POSSIBLE Ability to interface with existing Yakima Transit software & hardware systems: A. hardware and software 15 B. Paratransit software C. Microsoft Office software (Word, Excel, Access) References 10 User interface/help features/other usability concerns 10 System expendability & compatibility with future upgrades (AVL, MDT, GPS, etc.) 10 Report generation and other outputs (operator paddles, efficiency reports, etc.) 10 Ability to incorporate YT labor agreement 10 Training/customer support 10 Cost 10 ii Geographic Information System/Mapping capabilities 5 Corporate stability 5 Database functionality 5 TOTAL 100 D. POST EVALUATION EVENTS AND AWARD: As a result of proposal evaluations, reference checks, and oral interviews, the Evaluation Committee will score the Proposals based on the above criteria and the Proposer with the highest score shall be the Finalist and be provided with a Notice of Intent to Award. In the case of a tie, the Proposer receiving the majority of the individuals' highest scores (e.g. 3 out of the 5 people on the Evaluation Committee) will be the finalist. The decision of the Evaluation Committee shall be final and conclusive. Submission of a proposal implies the Proposer's acceptance of the Evaluation Criteria and process and recognition that subiective iudgments may be made by the Evaluation Committee. The City reserves the right to award the contract to the Proposer that it deems to offer the best overall proposal in its sole discretion. The City is therefore not bound to accept a proposal on the basis of lowest price, and further, the City has the sole discretion and reserves the right to cancel this RFP and to reject any and all proposals, to waive any and all informalities and or irregularities, or to re -advertise with either the identical or revised specifications, if it is deemed to be in the best interests of the City. The RFP Coordinator will fax or e-mail written notices to all Proposers, informing them of their status. 11337-P Run -Cutting Software —Transit Page 24 of 44 • • I E. AWARD OF CONTRACT: The Finalist will be offered the opportunity to enter into an agreement (Attachment B) with the City of Yakima to provide Run -Cutting Software. The Proposer shall review the attached agreement and propose any changes they desire to be made to the standard agreement on a separate sheet titled "Proposed Changes to the Agreement". The City may accept or reject proposed changes. The City reserves the right to negotiate any and all elements of this proposal with the highest scoring Proposer. Any additional terms and conditions, which may be the subject of negotiation, will only be discussed between the City and the Proposer and shall not be deemed an opportunity to amend the original proposal. If an agreement cannot be reached, negotiations may begin with the second highest scoring Proposer. The contents of this RFP, revised and/or supplemented, and the successful Proposer's response as accepted by the City will be incorporated into the final agreement. The Evaluation Committee intends to complete contract negotiations with the successful Proposer and execute all contracts by December 20, 2013. City Council will make the final award of contract. 7-P Run -Cutting Software —Transit Page 25 of 44 8. PRICE PROPOSAL AND SIGNATURE SHEET PRICE PROPOSAL RFP 11337-P RUN -CUTTING SOFTWARE • 1. Software: Provide line item costs on a per license basis (if applicable) for any and all software components included in the proposal. (List additional on separate sheet if necessary) Subtotal 2. Customization: Provide an estimated cost for all software component customization necessary to satisfy Yakima Transit's requirements Type of labor Total hours Hourly rate Subtotal $ 3. Installation: List the products to be installed and provide the cost for their installation. Products to be installed: (List on separate sheet if necessary.) Type of labor Total hours Hourly rate Subtotal $ • 4. Training: List startup training costs and provide a list of estimated training costs and requirements for future upgrades. Training hours provided (initially) Cost of start-up training Future upgrades (ea.) Subtotal $ 11337-P Run -Cutting Software —Transit Page 26 of 44 • Price Proposal (pg 2 of 2) r5. Maintenance/Upgrades: List the cost, on an annualized basis, of available maintenance options (Including ongoing technical support, upgrades etc.). Enter the price of the recommended option as the subtotal. • (List additional on back, if necessary) Subtotal $ 6. Reimbursable Expenses: List expenses to be reimbursed and their estimated cost. (List additional on separate sheet, if necessary) Subtotal $ Total Price Proposal for Run -Cutting Software Divided by total hours listed above: Equals hourly basis for services rendered: 11337-P Run Cutting Software for Yakima Transit Page 27 of 44 NON -COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. 11337-P Run Cutting Software for Yakima Transit Page 28 of 44 • SIGNATURE SHEET Request for Proposals No. 11337-P Run -Cutting Software For City of Yakima Transit The bidder is hereby advised that by signing this signature sheet he/she is deemed to have acknowledged all requirements contained herein. PROMPT PAYMENT DISCOUNT TERMS OFFERED % **Receipt is hereby acknowledged of addendum(s) No. (s) , & • • SIGNATURE OF AUTHORIZED OFFICIAL(S) Firm Name Address Sign Name Print Name Date Signed Phone Number Fax Number E -Mail Address 11337-P Run Cutting Software for Yakima Transit Page 29 of 44 CITY OF YAKIMA GENERAL PROVISIONS FOR TRANSIT CONTRACTS (A PART OF ALL CONTRACT DOCUMENTS) ATTACHMENT A These General Provisions, the Specifications, the Invitation to Bid/Quote form and any attachments, constitutes the bid document, and will be considered as one document. 1. Laws and Regulations The Contractor shall comply with all applicable laws and regulations pertaining to this contract. In addition, the Contractor shall ensure that any subcontractor performing this contract shall comply with all applicable laws and regulations pertaining to this contract. 2. Acceptance The City reserves the right to reject any or all quotations, to waive any technicalities and informalities, and to accept or reject all or any part of this quotation at prices shown. All bids/quotes must remain open for acceptance by the City for a period of at least 60 calendar days from the date of opening of the bids/quotes, unless otherwise stated. 3. Bid/Ouote Submittals Bids and quotes shall be submitted on the attached forms only Extra pages and literature may be added to this package, however, the package shall be returned intact as received. All prices and notations must be typewritten or written in ink, with no erasures permitted. Mistakes may be crossed out and corrections written adjacent thereto, and must be initialed in ink by person signing quotation. Verify your quotations before submission, as they cannot be withdrawn or corrected after being opened. If applicable, unit prices for all items, all extensions, and the total amount of bid or quote must be shown. In the instance of a discrepancy between the unit price and the total price, the unit price shall govern. Any pricing, configuration, or other errors discovered after bid/quote opening or quotation due date must remain and cannot be adjusted. 4. Change Orders Change Orders for material or services will be without effect unless issued and authorized in writing by the Purchasing Manager 5. Quality Standards • The brand names listed indicate the standard of quality required. Brands of equal quality, performance and use will be considered, provided the offeror specifies the brand, model and other data for comparison with their bid/quote. The City of Yakima will be the sole judge for approving other brands offered as equals to the brand specified. Bidders shall indicate if they are offering alternate brands in the space below each item and must provide descriptive specifications explaining the merits of the substitute item. 6. Delivery Time is of the essence and this order is subject to cancellation by the City of Yakima for Vendor's failure to deliver on time. For any exception to the delivery date specified in this order, Vendor shall give prior written notification and obtain written approval from the City The acceptance by the City of later performance with or without objection or reservation shall neither waive the City's right to claim damages for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Vendor. All quotations shall include delivery F O.B. destination, freight pre -paid, unless otherwise stated in this "Bid Call" or "Invitation to Quote" at the designated address set forth in the proposal given to each bidder. When shipping addresses specify room identification, Vendor shall make such delivery thereto without If the City grants specific authorization to ship goods F O.B. Shipping Point, Vendor agrees to prepay all shipping charges, route the goods by cheapest common carrier, and bill the City as a separate item on the invoice for said charges. It is also agreed the City reserves the right, at its sole option, to refuse COD Shipments. 7. Identification The purchase order number shall appear on all invoices, packing lists, packages, shipping notices and other written documents relating to this order Packing lists shall be enclosed in each and every box or package shipped pursuant to this order, indicating the content therein. 8. Payment Vendor is to submit properly completed invoice(s) and mail to: City of Yakima Accounts Payable 129 No. 2nd St Yakima, WA 98901 To insure prompt payment, each invoice should cite purchase order number, bid/quote number, description of item purchased, unit and total price, discount terms and include the vendor's name and return remittance address. Payment will be mailed within thirty (30) days of (a) the receipt and acceptance of the product or service and (b) a properly completed invoice. 9. Risk of Loss Regardless of the F O.B Point specified above, Vendor agrees to bear all risk of loss, injury, or destruction of goods ordered herein which occur prior t actual physical delivery to the City, and such loss, injury, or destruction shall not release Vendor from any obligation hereunder 11337-P Run Cutting Software for Yakima Transit Page 30 of 44 10. Force Majeure Vendor will not be responsible for delays in delivery due to acts of God, fire, Strikes, epidemics, war, riot, delay in transportation or railcar transport shortages, provided vendor notifies the Purchasing Manager immediately in writing of such pending or actual delay Normally, in the event or any such 0delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay I11. Rejection All goods and any services purchased in this order are subject to approval by the City Rejection of goods or services, resulting because of nonconformity to the terms, conditions, and specifications of this order, whether held by the City or returned, will be at Vendor's risk and expense. 12. Approximate Quantity The quantities listed are the City's current approximate requirements. The City of Yakima will neither be obligated by, nor restricted to, these quantities and may increase or decrease any item(s) ordered under this contract and pay according to the unit prices quoted in the Bid/Quote. If it is agreeable to both parties and prices have not changed and the 12. same unit/materials are still available, additional units/materials may be ordered within 12 months of the signing of the original agreement. 13. Cooperative Purchasing The Washington State Interlocal Cooperative Act RCW 39.34 provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. 14. Samples Samples of items, when required, must be furnished free of expense to the City, and if not destroyed by tests will, upon request, be returned at the bidder's expense. 15. Inspection Cost of inspection on deliveries or offers for delivery, which do not meet specifications, will be for the account of the vendor. 16. Hazardous Materials If this order covers goods which include hazardous chemicals, Vendor shall, at the time of product delivery, provide the City with copies of Material Safety Data Sheets for such chemicals. These sheets shall be in the form then required by applicable law or regulation. This requirement shall be in addition to whatever other requirements are imposed by law or regulation. 17. Public Disclosure The City shall promptly notify Vendor of any requests for public disclosure of documents pursuant to Chapter 42.56 Revised Code of Washington (RCW) which may require disclosure of documents and information supplies under this order Vendor shall be responsible for and bear the costs of taking legal alaction to prohibit disclosure of such documents and information and shall indemnify and save the City harmless from any and all cost, liability, penalty and expense related to the City's failure to disclose. In no event shall the City be liable for breach of this order should a court order that such documents and information be, and the same are disclosed. 18. Warranties Vendor warrants that all goods and services furnished under this order are new, conform strictly to the specifications herein, are merchantable, good workmanship, free from defect, are fit for the intended purpose of which such goods and services are ordinarily employed and if a particular purpose is stated in a Special Condition, the goods are then warranted as for that particular purpose. Vendor further warrants that no violation of any federal, state or local law, statute, rule, regulation, ordinance or order will result from the manufacturer, production, sale, shipment, installation or use of any other goods. Vendor's warranties (and any more favorable warranties, service policies, or similar undertaking of Vendor) shall survive delivery, inspection, and acceptance of the goods or services. 19. Re -Award When the contract is terminated by the vendor upon 30 days notice as herein provided, the City, pursuant to City ordinance, may re -award the contract to the next most responsible bidder. When a vendor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re -award the contract to the next most responsible bidder 20. Errors and Omissions The City reserves the right to correct obvious ambiguities and errors in the Bidder's proposal and to waive non -material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total price, the unit price shall govern. 21. Late Receipt of Bid/Quote Documents Bids and/or quotations and modifications received after the exact hour and date specified for receipt of bids and/or quotations will not be considered (i.e. if bid was due by 2:00 PM, any bids received after 2:0000 PM will be rejected) 22. Licenses If applicable, successful vendor shall have a valid and current business license per Chapter 5 02 Section 5 02.010 of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained prior to the award of any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration, telephone (509) 575-6121 In addition, Contractors are required to be registered by the State per Chapter 18.27 of the Revised Code of Washington and their registration number must be listed on the bid/quote. 11337-P Run Cutting Software for Yakima Transit Page 31 of 44 23. Delivery of Unapproved Substitutions Vendors are authorized to ship only those items ordered covered by the contract. If a review of orders placed by the City reveals that an item other than those covered by and specified in the contract have been ordered and delivered, the Purchasing Manager will take such steps as are necessary to have the item(s) returned to the Contractor at no cost to the City regardless of the time elapsed between the date of delivery and discovery of the violation. Violation of this clause may result in the removal of the offending vendor's name from the City mailing list for a period of up to three (3) years. 24. "No Bids" Vendors who are unable to or do not wish to submit a bid and are encouraged to respond by notating their bid "NO BID" on page one of the "BID CALL" and mailing it to the City of Yakima Clerk's Office, 129 North 2nd Street, Yakima, Washington, 98901, with the Bid/Quote due date and time written on the face of the envelope. It is the City's practice that if no response to a bid is received by a vendor after two consecutive mailings, the vendor will be deleted from our vendor's mailing list for that type of commodity item. 25. Non -Collusion The Bidder represents, by the submission of the Proposal, that the prices in this bid/quote are neither directly nor indirectly the result of any formal or informal agreement with another bidder 26. Evaluation of Bid/Quote In the evaluation of otherwise responsible bids/quotes, the Bidder's experience, delivery time and responsibility in performing other contracts will be considered. In addition to price, the following may be considered: I. The ability, capacity and skill of the bidder to perform the contract and provide the services required. II. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference. III. The character, integrity, reputation, judgment, experience and efficiency of the bidder IV The quality of performance of previous contracts or service. V The previous and existing compliance by the bidder with laws and ordinances relating to contracts or services. VI. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. VII The quality, availability, and adaptability of the supplies or contractual services to the particular use required. VIII. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. 27. Taxes The City will pay sales and use taxes imposed on goods or services acquired hereunder as required by law The City is exempt from Federal Excise Tax. Where applicable, the City shall furnish a Federal Excise Tax Exemption certificate. 28. Non -Discrimination During the performance of this Agreement, Contractor shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, age, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or local law This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 29. Delay of an Award If, after bid/quote opening, administration problems threaten to delay award beyond the bidder's acceptance period, bidders shall be requested to extend the bid/quote acceptance period. This request must be made and confirmed in writing prior to the expiration date of their bids/quotes (with consent of sureties, if any) to avoid the need to re -advertise. 30. Termination - Convenience This contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty (30) days from the date such written notice is delivered to the applicable party to the contract. 31. Termination - Cause The City reserves the right to terminate this contract at any time, upon written notice, in the event that the services of the Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this agreement. In addition to the foregoing right of termination, the City may terminate this contract, with or without cause, upon thirty (30) days written notice to Contractor 32. Venue In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the Agreement, the venue of such action of litigation shall be in the Courts of the State of Washington in and for the City of Yakima. This Agreement shall be governed by the laws of the State of Washington. 33. Defense and Indemnity Agreement The vendor agrees to defend, indemnify and save harmless the City, its appointed and elective officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the City, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account to damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Vendor, his/her subcontractors, it successor or assigns, or its or their agent, servants, or employees, The City, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the City, its appointed or elected officials or employees. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. 11337-P Run Cutting Software for Yakima Transit Page 32 of 44 34. Permits The vendor shall procure and pay for all permits and licenses necessary for the completion of the Contract, including those permits required by the City of air Yakima. In the event a necessary permit is not obtained, the Vendor will not be permitted to work on items subject to said permit and any delays caused ereby will not be subject to extra compensation or extension. ty of affect other 35. Severability If any term or condition of this contract or the application thereof to any person(s)or circumstances is held invalid, such invalidi shall n terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract declared ecI ared severabl e. 36. Waiver Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 37. Entire Agreement This written contract represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understanding between the parties. 38. Protest Against Award The City of Yakima shall consider all protests or objections regarding the award of a contract, whether submitted before or after award. If the protest is oral and the matter cannot otherwise be resolved, written confirmation of the protest must be provided by the complainant to the City Purchasing Manager Upon receipt of an oral or written protest by the Purchasing Manager Step I - Division Manager and Purchasing Manager try resolving matter with protester Step II - If unresolved, the protest matter is put before the Department Head by the division. Step III - If unresolved, the protest matter is put before the City Manager Step IV - If unresolved, the protest matter is put before the Transit Committee (if applicable) by the City Manager Step V - If unresolved, the protest matter is put before the full City Council by the Transit Committee (if applicable). Step VI - If the bid is a Transit Division Bid and the protest matter is not resolved at the local level to the satisfaction of the protester; then, depending on the matter protested, the protester may file a formal protest with the Federal Transit Administration or any other federal agency concerning the alleged specific violation and shall be provided the guidelines for such filing. 9. Protest Before Award he City shall require written confirmation of an oral protest. The written confirmation must be submitted seven (7) business days prior to award and the protester must be informed by the City that award will be withheld until the specified time. If the written protest is not received by the time specified, the oral protest shall be disregarded by the City and the award made in the normal manner The notice of protest and its basis shall be given to all affected bidders. When the City determines to withhold award pending disposition of a protest, bidders whose bid might become eligible for award shall be requested to extend the time for acceptance (with consent of sureties, if any). To avoid the need for re -advertisement, the request for extension shall be made prior to the expiration of the acceptable period. When a written protest against making an award is received, the award shall not be made until the matter is resolved unless the City determines that one of the following applies: 1) The supplies or services to be contracted for are urgently required; 2) Delivery or performance will be unduly delayed by failure to make award promptly; 3) A prompt award will otherwise be advantageous to the City If the award is made, the file must be documented to explain the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. NOTE. If an award is made while a protest is pending, such award does not assure federal funding, if applicable, in the event the protest is upheld. 40. Protest After Award Vendors may appeal or protest a proposal award as soon as practical following the award, but no later than five (5) business days following notification of the award. When an award has been made, the Contractor shall be provided the notice of protest and the basis for the protest. If it appears likely that the award will be invalidated and a delay in receiving the supplies or services is not prejudicial to the City's interest, the City shall consider a mutual agreement with the Contractor to suspend performance at no cost to the City When award is made to other than the apparent low bidder, the City must promptly notify the unsuccessful lower bidders that their bids were rejected. The notification shall state the reasons for rejection. In addition, notification that an award has been made to another firm shall be given immediately to all unsuccessful bidders. 4a) 41. Bids The General Terms and Conditions and Supplemental Terms and Conditions included in this bid document will govern the performance of the work. No ther terms and conditions will be accepted. Bids that are conditioned in any way, or Bids that take exception in any way to the City of Yakima's General nd Supplemental Terms and Conditions, may result in the Bid being considered non-responsive. 11337-P Run Cutting Software for Yakima Transit Page 33 of 44 42. Proprietary Material Submitted My information contained in the bid/RFP submitted that is proprietary must be clearly designated. Marking the entire bid as proprietary will be neither accepted nor honored. If a request is made to view a vendor's bid, the City of Yakima will comply according to the Open Public Records Act, Chapter 42.56 RCW If any information is marked as proprietary in the proposal, such information will not be made available until the affected vendor has been given ail opportunity to seek a court injunction against the requested disclosure. 11337-P Run Cutting Software for Yakima Transit Page 34 of 44 GENERAL A�� er CERTIFICATE OF LIABILITY INSURANCE Current THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES B B THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ENTATNE DR PRODUCER, AND THE CERTIFICATE HOLDER. I ,ANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate doss not confer rights to the certificate holder In lieu of such endorsement($). PRODUCER INSURANCE AGENT ISSUING CERTIFICATE ADDRESS SAWE Insurance Agent Information FAX la& Eel I .Nal. ADDRESS: I«aURER(S) AFFORDING COVERAGE «AK, INSURER A -VII or better, admitted carrier LIABILITY COMMERCIAL GENERAL LIABILITY INSURED ENTITY INSURED ADDRESS INSURER B . POLICY NUMBER INSURER C stop date INSURER 0. x 1 000 000 INSURER E. a 100.000 INSURER F : COVERAGES • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEDp�BAY PAID CLAIMS.L LIR TYPE OF INSURANCE POOL eVNe POLICY NUMBER (MNIIFfpryYWL( PMMIOD% YE)Y�Y) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X POLICY NUMBER start date stop date EACH OCCURRENCE x 1 000 000 E,...,., -,x. a 100.000 MED EXP ore j CLAIMS -MADE CI OCCUR $ 5 000 PERSONAL a ADV INJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2, 0 0 0, 0 0 0 GEN. AGGREGATEGLIMIT APPUES�PER E —I POLICY Fin I ECT I I LOC PRODUCTS - COMP/OP AGG $ i A OMOBILE LIABILITY AUTO L OWNED AUTOS HIRED AUTOS — _ SCHEDULED AUTOS NON -OWNED AUTos X T POLICY NUMBER start date stop date COMBINED SINGLE LIMIT (Ea accident) a 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Par accident) $ .. - ,,,.r, Per $ accident $ UMBRELLA UAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE I OED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY me anORR/Pez"curn � YIN0 (Mandatory M ««I DESCR ION OF OPERATIONS below NM POLICY NUMBER :Stop Gap/EL Only I start date stop date WC STATU- 07H - I TORYLIMITS I X ER EL. EACH ACCIDENT a 1,000,000 E L DISEASE - EA EMPLOYE $ 1, 0 0 0 , 0 0 0 E L DISEASE - POLICY LIMIT $ 1, 0 0 0, 0 0 0 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES Attach ACORD 101. Additional Remarks Schedule if more specs is required) The City of Yakima and the County of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are included as Primary/Non-Contributory additional insureds. See attached Additional Insured Endorsement. CERTIFICATE HOLDER CANCELLATION City of Yakima/County of Yakima Purchasing Department •129 N. 2nd Street Yakima, WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SIGNATURE ACOR D 25 (2010/05) 0 1 988-201 0 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • COMMERCIAL GENERAL LIABILITY • • ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Yakima and the County of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are included as Primary/Non-Contributory additional insured's. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to 'bodily injury° or 'property damage" occurring after: (1) Alt work, induding materials, parts or equipment furnished In connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2010 1001 Copyright, Insurance Services Office Properties, Inc., 2000 PROFESSIONAL LIABILITY CERTIFICATE OF LIABILITY INSURANCE n D'A`oRa Current e THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY DR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BE W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ENTAT)VE DR PRODUCER, AND THE CERTIFICATE HOLDER. 1 ANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy((es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER_ INSURANCE AGENT ISSUING CERTIFICATEito)' ADDRESS CONTACT Agent Information PHOAX - (,No): ADDRESS: V INSURER(11) AFFORDING COVERAGE NAICe INSURER A. A -VII or better, admitted carrier LIABILITY COMMERCIAL GENERAL LIABILITY INSURED ENTITY INSURED ADDRESS INSURER 8 : INSURER C . INSURER 0 . $ INSURER E . $ INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OMR LTR TYPE OF INSURANCE ADDL EAR SUER W110I W110 POLICY NUMBER POLICY EFF (DD/YYYY) V POLICY EXP (MM/DO/YYYY) LIMBS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ P EMISES (EE 10aa ocurrrrence) $ CLAIMS -MADE n OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GEN'L AGGREGATE UNIT A(PPUES PER: n POLICY CPU El JE T 1 1 oc PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE fitAUTO LIABILITY OWNED OS HIRED AUTOS — .—(Per SCHEDULED AUTOS NON-OWNED AUTOS COMBINEDentSINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE acddent) $ $ UMBRELLA UAB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTION $ WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY *IV PROPRa:TORIPARTNERIEXECUTIVEEL.EACH OFFICER/MEY8ER EXCLUDED? (Mandalay in NN) M yyeeae,, describe under OESCRIPTION OF OPERATIONS below YIN ■ N/A WC STATU- OTH- TORYMIT ER U ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ EL DISEASE - POLICY LIMIT $ A Professional Liability Policy Number start date stop date $1,000,000 per claim $1,000,000 aggregate $ 5,000 deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Math ACORD 101, Additional Remarks Schedule if more sped is required) (If a claims made form is shown, you should receive a certificate of insurance for three years after job is completed). The City of Yakima and the County of Yakima usually cannot be named as additional insureds. CERTIFICATE HOLDER CANCELLATION • City of Yakima/County of Yakima Purchasing Department 129 N. 2nd Street Yakima, WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SIGNATURE ACORD 25 (2010/05) ®1988-2010 ACORD CORPORATION. Ali rights reserved. The ACORD name and logo are registered marks of ACORD • • • ATTACHMENT D AGREEMENT BETWEEN CITY OF YAKIMA & AFSCME LABOR UNION (SEPARATE ATTACHMENT) The YT labor agreement may also be viewed at: http://www. yakimawa.ciov/services/hr/files/AFSCM E-Transit-CBA-2010-2012-Ammended. pdf An updated labor agreement will be going to City Council on November 5, 2013 and if approved, will supersede the agreement above. Proposers will be notified when a copy of the new labor agreement is made available. 11337-P Run Cutting Software for Yakima Transit FEDERALLY REQUIRED (FTA) CLAUSES (SEPARATE ATTACHMENT) 11337-P Run Cutting Software for Yakima Transit ATTACHMENT E 0 • • • COLLECTIVE BARGAINING AGREEMENT Between City of Yakima, Washington and Council 2, Washington State Council of County and City Employees Representing Local 1122 Uniformed Transit Employees American Federation of State County and Municipal Employees, AFL-CIO Effective January 1, 2010 through December 31, 2012 (Amended per attached MOU dated January 9, 2012) TABLE OF CONTENTS ARTICLE Page TABLE OF CONTENTS 1 PREAMBLE 2 ARTICLE 1 RECOGNITION OF UNION - BARGAINING UNIT 2 ARTICLE 2 UNION MEMBERSHIP 2 ARTICLE 3 COLLECTIVE BARGAINING 3 ARTICLE 4 PUBLIC DISCLOSURE 4 ARTICLE 5 CODE PROVISIONS 4 ARTICLE 6 UNION CONSTITUTION AND BYLAWS 5 ARTICLE 7 BUSINESS LEAVE 5 ARTICLE 8 EMPLOYEE RIGHTS 5 ARTICLE 9 MANAGEMENT RIGHTS 7 ARTICLE 10 LABOR MANAGEMENT COMMITTEE 8 ARTICLE 11 CONTRACTING WORK 8 ARTICLE 12 STRIKES AND LOCKOUTS PROHIBITED 9 ARTICLE 13 REDUCTION IN FORCE 9 ARTICLE 14 GRIEVANCE PROCEDURE 9 ARTICLE 15 SOCIAL SECURITY 12 ARTICLE 16 EQUAL OPPORTUNITY CLAUSE 12 ARTICLE 17 SALARIES AND DEFERRED COMPENSATION 13 ARTICLE 18 LONGEVITY 13 ARTICLE 19 SHIFT DIFFERENTIAL 14 ARTICLE 20 OVERTIME AND CALL OUT 15 ARTICLE 21 STANDBY PAY 16 ARTICLE 22 BILINGUAL PAY 16 ARTICLE 23 HEALTH CARE 16 ARTICLE 24 HEALTH HAZARD INOCULATIONS & CERTIFICATIONS 18 ARTICLE 25 LIFE INSURANCE 19 ARTICLE 26 HOLIDAYS 19 ARTICLE 27 VACATION 21 ARTICLE 28 SICK LEAVE 21 ARTICLE 29 MATERNITY LEAVE 26 ARTICLE 30 BEREAVEMENT LEAVE 26 ARTICLE 31 SENIORITY 26 ARTICLE 32 CHANGE OF WORK STATUS 28 ARTICLE 33 WORK WEEK PROVISIONS 28 ARTICLE 34 PERMANENT PART-TIME EMPLOYEES 35 ARTICLE 35 TRADING WORK 35 ARTICLE 36 "ROADEO" 35 ARTICLE 37 ENTIRE AGREEMENT 36 ARTICLE 38 SAVINGS CLAUSE 36 ARTICLE 39 TERMINATION 36 ARTICLE 40 EXECUTION 37 1 AFSCME Transit January 1, 2010 - December 31, 2012 • • • t • PREAMBLE This Agreement, made and entered into by and between the City of Yakima, Washington, hereinafter called the Employer and Council 2, Washington State Council of County and City Employees, representing Local 1122, Bargaining Unit; Uniformed Transit Employees, of the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter called the Union. WITNES SETH: WHEREAS, Chapter 41.56 of the Revised Code of Washington contemplates the execution of collective bargaining agreements between cities and unions representing government employees, the intent and purpose of such act being the promotion of the continued improvement of the relationship between public employers and their employees by providing a uniform basis for implementing the right of employees to join labor organizations of their own choosing and to be represented by such organizations in matters concerning their employment relations with public employers, and WHEREAS, the parties to this agreement recognize that benefits accrue to Union employees of the City by virtue of union membership, and that the best interests of the citizens of the City of Yakima are served by the City's official recognition of the Union. NOW, THEREFORE, pursuant to Chapter 41.56 of the Revised Code of Washington, and in accordance with the intent and purpose thereof, and for the purpose of promoting the morale, well being and security of the Union employees of the City, and for the purpose of promoting the general efficiency of the government of the City of Yakima, the parties hereto agree as follows: ARTICLE 1- RECOGNITION OF UNION - BARGAINING UNIT 1.1 The City recognizes the Union as the exclusive bargaining representative of .the bargaining unit consisting of all permanent Transit Operators, Transit Dispatchers, Transit Service Workers, the Transit Project Planner, the Transit Route Supervisor, the Transit Office Assistant DA II, and the Marketing/Program Administrator. 1.2 In accordance with RCW 41.56.050 through RCW 41.56.080, an application for certification as exclusive bargaining representative for an appropriate unit may be filed with the Public Employment Relations Commission during a period of not more than ninety (90) nor less than sixty (60) days prior to the expiration date of this agreement. ARTICLE 2 UNION MEMBERSHIP 2.1 Union. Membership: All employees in the barga'ning unit shall, within thirty (30) days after hiring, as a condition of employment, become members of the Union, provided that exceptions to membership shall be subject to the provisions of RCW 41.56.122(1). AFSCME Transit January 1, 2010 - December 31, 2012 2 2.2 Payroll Deductions: The City agrees to deduct Union fees, dues and other assessments by the Union against its • members within the bargaining unit from the pay of employees who authorize the City to do so, which authorization shall be in writing and signed by each person authorizing such deductions, and filed with the City. The Union shall notify the Employer's Finance Director, Payroll Officer, or their designee of amounts to be deducted from the pay of each such person. The City shall transmit to the Washington State Council of County and City Employees, PO Box 750, Everett, Washington, 98206-0750, the aggregate of such deductions, together with an itemized statement, on or before the 20th day of each month following the month for which deductions are made. The Union agrees to defend, indemnify and hold harmless the City for any loss or damage arising from the operation of this Article knowingly caused by the Union. It is also agreed that neither any employee nor the Union shall have any claim against the City for any deductions made or not made unless a claim of error is made in writing to the City within forty-five (45) calendar days after the date such deductions were or should have been made. 2.3 Union Insignia: Employees who are members of the Union, and in good standing, shall be permitted, with the mutual agreement of Transit management, to wear while on duty, the standard type of Union pin prescribed by their State or International organization. ARTICLE 3 - COLLECTIVE BARGAINING 3.1 Bargaining Teams: Collective bargaining between the parties shall be carried out by the City Manager or his/her designee, the City Human Resource Manager or his/her designee, the Union Staff Representative, the Union President, and four (4) additional members from each party. No additional representatives for either party shall be allowed without the consent of the other party. The Union Staff Representative and the City Manager shall exchange in writing the names of the person or persons representing the respective parties for collective bargaining purposes prior to the first bargaining session. 3.2 Wages Hours and Working Conditions: Where negotiable matters pertaining to wages, hours and working conditions are fixed by various City ordinances, the City Manager shall give notice to the Secretary of the Union with a copy to the Staff Representative of any proposed enactment or repeal of, or any amendments to, any such ordinance applicable to members of the bargaining unit. Such notice shall be given no less than ten (10) days prior to the first meeting of the City Council. where such ordinance is considered, and shall be in writing and contain a copy of the ordinance proposed to be enacted or of the proposed amendment, or shall refer by code number to any ordinance proposed to be repealed. No ordinance affecting wages, hours or working conditions of members of the bargaining unit shall be enacted by the City Council 3 AFSCME Transit January 1, 2010 - December 31, 2012 • • unless mutually agreed upon between the City Manager (or designee) and the collective bargaining committee of the Union. 3.3 Negotiations Timetable: Prior to the termination of this CBA, the Union and the City shall exchange written proposals for any changes in negotiable matters pertaining to wages, hours and working conditions sought for the subsequent year(s). Thereafter, negotiations shall be governed by RCW 41.56. ARTICLE 4 - PUBLIC DISCLOSURE Neither party shall independently issue releases to any news media nor otherwise make public disclosure during Pre -Mediation negotiations as the parties work towards a collective bargaining agreement, unless required by law. ARTICLE 5 - CODE PROVISIONS The following sections of the Yakima Municipal Code are hereby incorporated by reference and made a part of this Agreement. All sections listed shall be in accord with the terms of this Agreement and in the event of a conflict the terms of the Agreement shall prevail. Section 2.20.010 - Persons Subject to Plan. Section 2.20.020 - Content of Plan. Section 2.20.040 - Policy for Pay Steps. Section 2.20.050 - Policy for Present Employees Subsection A. Section 2.20.060 - Transfer, Promotion, Reclassification, Demotion, or Reinstatement of Employees. Section 2.20.070 - Reduction of Salary. Section 2.20.085 - Reimbursement for Expenditures Subsection 5. Section 2.20.088 - Uniform Allowance - Special Assignment Pay, Subsections (3) and (4). Section 2.20.100 - Classification Plan, Subsections A and E. Section 2.20.110 - Compensation Plan, Subsection 1. Section 2.24.010 - Longevity Plan - Eligibility - Restrictions, Subsections A, C, D. Section 2.40.020 - Vacation Leave, Subsection A, Subsection 1,. and Subsections B (1), (4). Section 2.40.030 - Sick Leave, Sections A (1), B, C, D, E. Section 2.40.120 - Sick leave pool. Section 2.40.060 - Leave Without Pay. Section 2.40.070 - Unauthorized Absences. Section 2.40.080 -Holidays with Pay, Subsections A, B, C, D, E, F, G, H, K. Section 2.40.100 - Overtime Pay, Subsections A(4), B, C, D, E. • 4 AFSCME Transit January 1, 2010 - December 31, 2012 ARTICLE 6 - UNION CONSTITUTION AND BYLAWS Upon request of the City Manager or his or her designee, the Union shall promptly furnish to the City Manager a current copy of the constitution, bylaws and any other rules or regulations of the Union, including any revisions thereto. ARTICLE 7 - BUSINESS LEAVE 7.1 Members representing the Union, not exceeding four (4) in number, shall be paid at the applicable rate of pay for actual time spent for 'all meetings between the City and the Union for the purpose of negotiating wages, hours and working conditions, terms of this agreement, or for processing grievances. When such meetings take place at a time during which any such members are scheduled to be on duty, they shall be granted leave from duty without any loss of pay. Actual time spent for meetings shall be limited to the time spent in the meetings. 7.2 Business Leaves: Such officers and members of the Union may be designated by the Union, not to exceed four (4) in number at any one time shall be granted leave from duty with pay for Union business, such as but not limited to attending labor conventions and educational conferences, collective bargaining preparations and civil service, provided that notice of such conventions or conferences shall be requested and approved by the Department Head, and provided further that the total leave for the bargaining unit for the purpose set forth in this section shall not exceed one hundred thirty-five (135) hours in any fiscal year. 7.3 Shop Stewards: Shop stewards shall be allowed up to one (1) hour per month with pay to attend shop stewards meeting(s) conducted during the steward's work shift. The number of shop stewards in the bargaining unit shall be determined by a ratio of one (1) steward per twenty (20) members in the bargaining unit. The Union shall keep the City notified of the current shop stewards and Local Union Officers. ARTICLE 8 - EMPLOYEE RIGHTS 8.1 Personnel Files: Employees shall have the right, upon request, to inspect their personnel file. No material referring to an employee's job competence or conduct shall be placed in the file without the employee's knowledge and the opportunity to attach his or her comments. A copy of any entry pertaining to job competence or conduct will be given to the employee. 8.2 Performance Evaluations: The initial discussion regarding a probationary, special or annual performance evaluation shall take place solely between an employee and his or her immediate rating supervisor. Thereafter an employee may be accompanied by a Union representative where job conduct or AFSCME Trani January 1, 2010 - December 31, 2012 5 • • r • • said performance evaluation is reviewed in a conference with management. On-the-job discussions between employee(s) and supervisor(s) regarding job duties, assignments, and/or performance shall not be considered disciplinary action and shall not be subject to this provision. Appeals of performance evaluations shall be made in accordance with the Charter Civil Service Commission's Rules and Regulations and shall not be subject to the grievance procedure. 8.3 Off -Duty Actions: Except as otherwise provided in state, federal, and local law, the City Charter, or the Charter Civil Service Rules and Regulations, off-duty activities of an employee shall not be cause for disciplinary action unless such activity is detrimental to the employee's performance on the job. 8.4 Work Rules: A) Work rules and policy shall be posted for employees and be in writing. They shall be uniformly applied. When existing work rules, policy or procedure .are changed or new rules or procedures established, employees whose work assignment is affected shall be notified in writing (that is circulating memorandum) and the new rule or procedure shall be posted prominently on appropriate bulletin boards for a period of seven (7) calendar days before becoming effective, except for changes of an emergency nature. B) Employees shall comply with all existing rules that are not in conflict with the express items of this Agreement, provided that rules are uniformly applied and uniformly enforced, and provided that reasonable notice has been given of the existence of the rule. C) Any unresolved complaint as to the reasonableness of any new or existing rule, or any complaint involving discrimination in the application of new or existing rules shall be resolved through the grievance procedure. 8.5 Safety and Health Committee: The City agrees to maintain a Safety and Health Committee in accordance with state law. Such committee shall receive and investigate complaints of unsafe or unhealthy working conditions and shall recommend appropriate remedies to the City. Unresolved complaints of violations of Washington Industrial Safety and Health laws may be referred to the Washington State Department of Labor and Industries, Industrial Safety Division, for investigation. 8.6 Union Participation: An employee has the right to hold Union office, seek Union assistance, file a grievance or use other benefits of this Agreement according to the terms set forth without reprisal, repression, intimidation, prejudice, or discrimination. AFSCME Transit January 1, 2010 - December 31, 2012 6 8.7 Probationary Period: The probationary period for promotions to all bargaining unit positions shall be six (6)1 months. Effective April 1, 2006, the probationary period for new hires to all bargaining unit positions shall be twelve (12) months, provided that probationary employees may use vacation leave and areeligible for step increases after six (6) months of employment, subject to and in accordance with all other rules, policies, the Yakima Municipal Code, and this CBA. ARTICLE 9 - MANAGEMENT RIGHTS 9.1 Except as specifically abridged, granted, delegated or modified by this Agreement, including amendments, the City retains all legal and inherent exclusive rights with respect to matters of legislative and managerial policy. Furthermore, the City reserves all customary management prerogatives including, but not limited to, the right to: A) Establish, plan for, and direct the work force toward the organizational goals of the municipal government. B) Determine the organization, and the merits, necessity and level of activity or service provided to the public. C) Determine the City budget and financial policies including accounting procedures. D) Establish, regulate and administer a personnel system, in conformity with the City Charter and Civil Service Rules and Regulations, which provides for all types of personnel transactions including determining the procedures and standards for hiring, promotion, transfer, assignment, lay off, discipline, retention and classification of positions. E) Discipline or discharge of employees for cause as provided by the General Rules and Regulations of the City's Charter Civil Service Commission and in conformity with this Agreement. F) ' Determine the methods, means, equipment, numbers and kinds of personnel and the job or position content required to accomplish governmental operations and maintain the efficiency thereof. G) Determine and change the number and locations and types of operations, processes and materials to be used in carrying out all City functions. H) Assign work to and schedule employees in accordance with Civil Service classifications and position descriptions, and to establish and change work schedules in accordance with Article 33 - Work Week Provisions. 1) Relieve any employees from duty due to lack of work or insufficient funds. J) Take all actions necessary to carry out the mission of the City in emergencies. 9.2 The above-cited management rights are not to be interpreted as being all-inclusive, but merely indicate the type of rights which belong to the City. It is understood that any of the rights, power and authority the City had prior to the signing of this Agreement are retained by the City. 7 AFSCME Transit January 1, 2010 - December 31, 2012 • • 9.3 Any employee within the bargaining unit who may feel aggrieved by the unfair or discriminatory exercise of any of the Management Rights specified hereinabove, or any other claimed prerogative may seek their remedy by the grievance procedure provided in the Agreement. ARTICLE 10 - LABOR MANAGEMENT COMMITTEE 10.1 Intent: The City and the Union shall cooperate to provide the public with efficient and courteous service, encourage good attendance of employees, and promote a climate of labor relations that will aid in achieving a high level of efficiency and productivity in all departments of City government. 10.2 Makeup: In order to accomplish these goals, a Labor -Management Committee shall be established consisting of three (3) Union members chosen by the Union, the Union Staff Representative, the City Manager or his/her designee, and three (3) individuals selected by the City Manager. 10.3 Time Frame: The Labor -Management Committee shall schedule meetings at mutually agreeable times, but not later than fifteen (15) working days from the date of a request for a meeting by a party to this Agreement. Requests shall be in writing and contain the item(s) or topic(s) at issue. 10.4 Agenda: At least ten (10) working days prior to the meeting, a written agenda shall be prepared by the party requesting the meeting and may be supplemented by additions made by the other party. A final agenda shall be established and distributed to all parties at least three (3) working days prior to the date of the meeting. Items not on the agenda shall not be discussed at the meeting unless mutually agreed by all parties. 10.5 Resolution: Should the Labor/Management process result in a proposed change in wages, hours, and working conditions, the parties may pursue amendment of this Agreement in accordance with Article 37 of this Agreement. ARTICLE 11- CONTRACTING WORK The City agrees that no permanent employee shall be laid off as a direct result of the City contracting work currently done by City Employees. The City however, retains the right to contract work as deemed desirable or necessary by the City and reassign employees who might otherwise be laid off as a result thereof. The City further retains the right to lay off employees at the discretion of the City, due to lack of funds. AFSCME Transit January 1, 2010 - December 31, 2012 8 ARTICLE 12 - STRIKES AND LOCKOUTS PROHIBITED 12.1 Strikes: The Union shall neither cause, encourage nor counsel employees within the bargaining unit to strike, nor shall it in any manner cause, encourage nor counsel any such employee or employees to directly or indirectly commit any concerted acts of work stoppage, slow -down or refusal to perform any customarily assigned duties; provided, however, in the event the laws of the State of Washington should be changed so as to allow the right to strike, or to substitute therefore any other right in its place, this Agreement shall be construed so as to allow the Union to exercise any such right that is hereafter provided by law or change of law, and the parties to this Agreement hereby agree to be bound by the terms of any such law or change of law. 12.2 Lockouts: The City agrees that during the term of this Agreement, there will be no lockouts. However, a complete or partial reduction of operations for economic or other compelling business reasons shall not be considered a lockout. In addition, if an employee is unable to perform his or her duties because equipment or facilities are not available due to a strike,. work stoppage or slowdown by any other employees, such inability to provide work shall not be deemed a lockout. • ARTICLE 13 - REDUCTION IN FORCE Any reduction in force shall be accomplished in accordance with reduction in force procedures set • forth in the Charter Civil Service Rules and Regulations. In the event that it becomes necessary to amend the reduction in force procedure in the Civil Service Rules, the City and the Union shall cooperate to develop reduction in force procedures which shall be mutually acceptable for submission to the Civil Service Commission. ARTICLE 14 - GRIEVANCE PROCEDURE 14.1 Policy: The parties recognize that the most effective accomplishment of the work of the City requires prompt consideration and equitable adjustments of employee grievances. It is the desire of the parties to adjust grievances informally whenever possible, and both supervisors and employees are expected to make every effort to resolve problems as they arise. However, it is recognized that there may be grievances which can be resolved only after a formal review. Accordingly, the following procedure is* hereby established in order that grievances of employees covered by this agreement may be resolved as fairly and expeditiously as possible. 14.2 Remedies: The Union may either grieve matters according to this Article or the Union may appeal to the City of Yakima Charter Civil Service Commission according to the Commission's Rules and 9 AFSCME Transit January 1, 2010 - December 31, 2012 • • Regulations. However, the Union may not exercise both approaches but must choose one or other. 14.3 Definitions: A) A "grievance" is a dispute concerning the interpretation, application, or alleged violation of any provision of this Agreement. B) The term "employee" as used in this Article means a permanent or probationary employee who is a member in good standing of the bargaining unit or group of such employees, accompanied by a representative if so desired. C) The term "working day" as used in this Article means Monday through Friday excluding holidays. 14.4 Special Provisions: A) The aggrieved party and his or her chosen representative shall be granted time off without loss of pay for the purpose of processing a grievance in accordance with Article 7 of this Agreement. City employees attending hearings as a witness for the aggrieved party shall be granted time off without loss of pay for the purpose of providing testimony, including Civil Service Commission meetings. The aggrieved party's representative may, after making advance notification to the relevant Division Manager, visit the work location of employees covered by this Agreement for the purpose of investigating a grievance. Said investigation shall be conducted so as not to disturb the work of uninvolved employees. B) Grievances on behalf of one or more employees may be initiated or pursued without the employees' consent. C) A grievance may be entertained in or advanced to any step in the grievance procedure if requested by one party in writing and agreed to by the other party in writing. D) The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties. involved at the step to be extended. Failure of either party to meet the time limit or extended time limitfor responses or appeals at any step in the process shall render the decision in favor of the other party. 14.5 Procedure: To be reviewable under this procedure a Union grievance must be filed in writing within thirty (30) calendar days after the action or decision giving rise to the grievance and must comply with the following : A) Be filed on an AFSCME Form F-29. B) Identify the facts and circumstances relating to the alleged misapplication, misinterpretation, or violation of a specific provision of this, labor agreement. . AFSCME Transit January 1, 2010 — December 31, 2012 10 C) Specify the relief sought. 14.6 Step 1— Informal Discussion with Immediate Supervisor: Prior to filing a written grievance as described in Step 2 below, the employee shall meet with his or her immediate supervisor to discuss the subject of dispute. If the subject of dispute is discipline greater than a verbal reprimand, the employee shall skip Step 1 and proceed directly to Step 2. If the subject of dispute is the immediate supervisor, the employee shall meet with his/her Division Manager to discuss the subject of dispute. After such a meeting, the immediate supervisor or Division Manager, as the case may be, shall investigate the relevant facts and circumstances of the grievance and provide a written decision within ten (10) working days. 14.7 Step 2 - Written Grievance to Division Manager: The affected employee shall pose the question of the grievance in writing to his or her Division Manager within thirty (30) calendar days of the action or decision giving rise to the grievance. The Division Manager shall make a separate investigation and notify the employee in writing of his or her decision, and the reasons therefore, within fifteen (15) working days after receipt of the employee's grievance. 14.8 Step 3 - Written Grievance to Department Head: If the employee is dissatisfied with the decision of his -Division Manager, the employee may submit the grievance in writing to the Department Head within fifteen (15) working days after receipt of the Division Manager's decision. The Department Head shall make a separate 41) investigation and notify the employee in writing of his or her decision, and the reasons therefore, within fifteen (15) working days after receipt of the employee's grievance. 14.9 Step 4 - Written Grievance to City Manager: If the employee is dissatisfied with the decision of the Department Head, the employee may obtain a review by the City Manager by submitting a written .request to the City Manager within fifteen (15) working days after receipt of the Department Head's decision. The City Manager or his designee shall make such investigation and shall, within fifteen (15) working days after receipt of the employee's request for review, inform the employee in writing of the City Manager's findings and decision. 14.10 Grievance Filed by the City: Any grievance by the City against the Union shall be reduced to writing and submitted, no later than thirty (30) calendar days after having been made reasonably aware of the issue, to the President of the Union Local with a copy to the Staff Representative. The Union President shall investigate the relevant facts and shall, within fifteen (15) working days, provide a written decision, and the reasons therefore. If the matter is not satisfactorily settled, an appeal may be instituted as set forth in 14.11 below. 11 AFSCME Transit January 1, 2010 - December 31, 2012 • • • 14.11 Step 5 - Final Resolution of Grievance Disputes: Either party to this Agreement may refer unsettled grievances to Arbitration. A) A request for Arbitration shall be in writing and shall be submitted to the other party not more than thirty (30) working days after the reply of the City Manager, or the Union President as applies, or their designee, unless the time shall be extended by written mutual agreement. Such request shall identify the previously filed grievance which is the basis for the request for Arbitration and shall set forth the issue which the party making the request seeks to resolve. B) The Arbitrator may be selected by mutual agreement between the City Manager and the Union. Alternatively, the parties may mutually request a list of eleven (11) arbitrators from either Public Employment Relations Commission (PERC), American Arbitration Association (AAA), or Federal Mediation and Conciliation Services (FMCS). In the event the parties cannot agree on which agency to request a list from within fifteen (15) working days of the request for arbitration, the parties must request a list of eleven (11) arbitrators from PERC. Within a reasonable period of time from the receipt of the list the parties shall alternately strike names from the list until one (1) name remains, who shall serve as arbitrator. The party to strike the first name shall be determined by a coin flip. C) The Arbitrator shall be limited to determining whether the City or the Union has violated or failed to apply properly the terms and conditions of this Agreement. The Arbitrator shall have no power to destroy, change, delete from or add to the terms of this Agreement. D) PERC rules and procedures shall govern the arbitration hearing. E) The parties agree that the decision of the Arbitrator shall be final and binding and implemented within thirty (30) calendar days following the rendering of the decision. F) The Arbitrator's fees and expenses, room rental, if any, and cost of the transcripts shall be shared equally by the parties. Each party shall bear the remaining costs of the preparation and presentation of its own case, including attorneys' fees, regardless of the outcome. ARTICLE 15 - SOCIAL SECURITY The City will continue to provide the employer's share of FICA (Social Security) coverage for the employees covered in the bargaining unit. ARTICLE 16 - EOUAL OPPORTUNITY CLAUSE In accordance with Revised Order No. 4 implementing U.S. Executive Order 11246, "Equal Employment Opportunity Act" of 1972 and the "Vocational Rehabilitation Act" of 1973 as amended and implementing regulations, and the "Americans with Disabilities Act" (ADA) of 1991, it is the AFSCME Transit January 1, 2010 - December 31, 2012 12 policy of the City of Yakima and the Union to not discriminate against any employee or applicant for 41 employment because of race, color, religion, age, sex, national origin, marital status or disability. ARTICLE 17 — SALARIES AND DEFERRED COMPENSATION 17.1 Effective January 1, .2010: The compensation plan for the bargaining unit in effect December 31, 2009 shall not be increased. The parties agree to a wage opener for 2011 and 2012 in September 2010. 17.2 Direct Deposit: The parties recognize that Direct Deposit is the most effective way of banking. When such service becomes available, all employees shall be able to direct deposit at their own financial institution that offers this service. 17.3 Deferred Compensation: Each bargaining unit member shall be paid, in addition to that employee's monthly salary, deferred earned compensation each month in an amount equal to a percentage of said monthly salary as provided below. The deferred compensation contribution is separate pay and is not part of base monthly salary as codified in the Yakima Municipal Code Pay and Compensation Ordinance 2.20.110. This provision is subject to the City's deferred compensation rules and regulations and IRS regulations. The computation of retirement contributions and pension benefits shall be governed by applicable state law. A) The City will contribute three percent (3%) of each employee's base monthly salary to a -deferred compensation plan. ARTICLE 18 - LONGEVITY 18.1 Longevity: Longevity Compensation shall be in accordance with Yakima Municipal Code Section 2.24.010 A as may be subsequently amended. A) All permanent employees shall accrue longevity as follows: Longevity Compensation Years Service Percentage of Base Pay At least 60 months and less than 120 months 1.75% At least 120 months and less than 180 months . 3.5% At least 180 months and less than 240 months 5.0% 13 AFSCME Transit January 1, 2010 - December 31, 2012 • • • At least 240 months and less than 300 months... 6.5% At least 300 months or more 8.0% B) Accruals shall be prorated per month on actual hours in pay status for permanent part-time employees. ARTICLE 19 - SHIFT DIFFERENTIAL 19.1 After Hours: For employees who work a regularly scheduled shift where allor part of the shift hours fall between 6:00 p.m. and 6:00 a.m., an additional five . per hour over base pay will be paid for all hours worked within the stipulated period to the nearest one-half (1/2) hour. Persons working overtime past their normal shift will not be entitled to payment under this Article unless all of the scheduled hours of the second shift are worked. 19.2 Split Shift: A) Transit Employees who work a split shift shall receive six percent (6%) shift differential for fifty percent (50%) of the hours worked on any split work day, up to twenty (20) hours per week. B) Transit Employees who work a five (5) day work week and have one (1) weekday off, shall receive a six percent (6%) shift differential, for twenty (20) hours a week. C) Transit Employees who work a four (4) day work week and have two (2) weekdays off, shall receive a six percent (6%) shift differential, for twenty (20) hours a week. D) Shift differential shall be limited to thirty (30) hours per week for employees who meet the requirements of (A & B) or (A & C). 19.3 Permanent Part -Time Permanent part-time operators shall receive shift differential pay as follows: A) For hours worked before 6:00 a.m. and after 6:00 p.m. B) For the same hours of whoever's complete regularly scheduled full-time shift they fill. C) For partial shifts pieced together, with an unpaid time lapse of thirty (30) minutes or greater: shift differential shall be paid for fifty percent (50%) of the total hours worked that day, rounded up to the nearest one-half (1/2) hour. 1)) For all additional hours worked before or after a straight eight (8) or ten (10) hour shift, provided that there is an unpaid time lapse of thirty (30) minutes or greater. E) When working a regularly scheduled split shift, no additional compensation shall be paid for extra hours worked during that day. AFSCME Transit January 1, 2010 - December 31, 2012 14 ARTICLE 20 — OVERTIME AND CALL OUT 20.1 Employees who are required to work more than forty (40) hours in any work week shall be paid one and one-half (1-1/2) times the regular rate of pay for credited time in excess of forty (40) hours per week. Credited time shall be in fifteen (15) minute increments. However, compensatory time off at the time and one-half rate in lieu of overtime pay may be requested by the affected employee. In that case, compensatory time may be taken at such time as is agreed upon by the Employer and the employee, but may not be imposed by the Employer upon any employee who has not so requested such compensatory time off. 20.2 Compensatory time off may be accrued to a maximum of forty (40) hours unless the City Manager approves additional accrual because of an emergency or other unusual circumstance. Provided, however, existing compensatory time in excess of forty (40) hours shall remain until used. 20.3 Employees may accept any shift(s), and or shift piece(s) of available overtime by seniority. No shift shall be split more than once. 20.4 Time spent by an employee beyond the nonnal working day for job-related training classes approved by the Division Manager shall be considered time worked for calculation of overtime pay. 20.5 Authorized travel time spent in the performance of the job shall be considered time worked for the calculation of overtime pay. 20.6 Due to the nature of work performed by bargaining unit employees, the Union and the City agree that in the event an employee works beyond his or her regular shift quitting time, that employee shall not have any meal period(s) otherwise required by law. 20.7 In the event the employee is unable to provide or obtain the meal(s) due to location or time of day or emergency, the Division Head shall insure the employee obtains a meal at the Employer's expense. 20.8 Call Out Pay: A) A minimum of two (2) hours pay at the time and one-half (1-1/2) rate will be paid to an employee as follows: 1) Who is requested to return to work at the completion of his or her shift while still at the work site/relief point, or, Is called to return to work after leaving the work site/relief point at the completion of his or her shift, 2) Is called to report to work prior to the start of his or her shift, or 3) Is called into work on a day off. B) Call out time is counted from the time the employee begins work until the employee is released from the workplace. Any time worked in excess of the two (2) hours shall be paid at the time and one half rate. 15 AFSCME Transit January 1, 2010 - December 31, 2012 • • 20.9 Dispatcher Overtime: Permanent Dispatchers shall be offered any available overtime on a seniority basis among the permanent Dispatchers. If the permanent Dispatchers are not available to work overtime, the work will be offered to other qualified permanent employees on a seniority basis. 20.10 Permanent Part -Time Employee Overtime: Permanent part-time employees will be eligible to receive overtime payments in accordance with Article 20 only if they work more than forty (40) hours in any calendar week. No overtime compensation will be paid to an employee who exceeds the regularly scheduled work day unless such work causes the employee to work more than forty (40) hours in the work week. ARTICLE 21- STANDBY PAY 21.1 The determination of the need for and assignment of standby time is a responsibility of Management. Employees will have the opportunity to volunteer or exchange for standby prior to being made a required assignment. The employee must notify their supervisor in writing by the end of the previous shift of an exchange with another employee for assigned standby. 21.2 Compensation for assigned standby time will be $3.00 per hour. 21.3 Employees on assigned standby time are required to maintain the same physical and mental capacity that is required during regular scheduled work hours and are to be reachable if called. ARTICLE 22 - BILINGUAL PAY Employees who have Spanish bilingual capacity shall receive Sixty (60) Dollars per month for their work in that capacity subject to prior written approval from the Director of Public Works and subject to achieving a passing score on the bilingual skills examination conducted under the Charter .Civil Service Rules and Regulations and administered by the Civil Service Chief Examiner. The Chief Examiner may waive this testing requirement if the employee can demonstrate to the satisfaction of the Chief Examiner, through documentation (i.e. court interpreter certification from the State of Washington) that the employee has sufficient bilingual skills in the Spanish language. ARTICLE 23 - HEALTH CARE 23.1 Availability: Employees shall participate in the City of Yakima Employees' Health Care Plan. Eligible dependents and retirees may also participate in the Plan. Eligibility rules, types and levels of benefits, payment of premiums through a cafeteria plan, co -payments, co-insurance and deductibility requirements and all other terms and conditions for the provision of these health APSCME Transit January 1, 2010 - December 31, 2012 16 benefits shall be governed by the City of Yakima Employees' Welfare Benefit Program. Premium base rates shall be determined annually by the applicable broker of record. 23.2 Employee Only Medical/Vision Coverage: The City shall pay one hundred percent (100%) of monthly employee only medical/vision premiums. 23.3 Dependent Medical/Vision Coverage: For employees who enroll one or more dependents in the Health Care Plans, the monthly dependent unit premium costs shall be borne as follows: A) Fifty percent (50%) shall be paid by the participating employee. B) Fifty percent (50%) shall be paid by the City. The City will freeze the employee Medical Plan contribution rate for January 2010 — December 31, 2010 at the 2009 rate. The City will pay the Plan cost increase. The parties agree to a Medical Plan premium opener for 2011 and 2012 in September 2010. 23.4 Dental Insurance Coverage: The City shall pay the premium for employee and dependent fsmily dental insurance. 23.5 Retiree Coverage: A) Upon payment of the full premium as required in 23.5-D, herein, retirees may elect to remain in the group health care plan until they reach age 65. B) Spouses of retirees may remain in the group health care plan until they reach age 65 or, in the case of spouses of deceased retirees, until they reach age 65 or remarry, whichever occurs first. C) Other dependents of retirees may remain in the group health care plan as long as they remain eligible under the provisions of the plan and until coverage for the retiree and spouse, or, the spouse of a deceased retiree terminates, at which time such dependent insurance coverage ceases regardless of the age of the dependents. D) Retirees, or spouses of deceased retirees, shall pay the full premium (including dependents if enrolled) which shall be the same as thenormal group rate assessed for coverage of active City employees and dependents as applicable. Premiums shall be paid by deduction from retirement checks paid to retired employees or their beneficiary. 23.6 Wellness Committee: A representative from this bargaining unit will be appointed to the Wellness Committee. The Committee will discuss such topics as heart life programs and physical exam coverage. 17 AFSCME Transit January 1, 2010 - December 31, 2012 • • 23.7 Employee Welfare Benefit Board: A) The Union will select voting and nonvoting members to serve on the City of Yakima Employees' Welfare Benefit Board (hereinafter referred to as the Board) according to Article III of the City of Yakima Employees' Welfare Benefit Program. B) The purpose of the Board shall be to study and become informed regarding health insurance programs including the City's modified self-funded program; to identify perceived and real problems, and make recommendations to the City and the Union on ways to improve and enhance in an economical fashion the health insurance program. C) To enable the Board to become knowledgeable and to make reasonable and objective recommendations for change, the City agrees to the following: 1) The City will provide complete and open disclosure of information necessary for the Board to complete its duties within the confines of the law and concerns for medical confidentiality. 2) Any member(s) of the Board who for any reason steps down as a Board member, shall be replaced by the selection process outlined in Article III of the City of Yakima Employees' Welfare Benefit Program. 23.8 Right of Withdrawal: The Union shall continue to have the right to withdraw from the City of Yakima Employees' Welfare Benefit Program by notifying the City in writing six (6) months in advance. ARTICLE 24 - HEALTH HAZARD INOCULATIONS & CERTIFICATIONS 24.1 For employees who are exposed to health hazards by direct contact with raw sewage, industrial waste, human waste, or animal waste, the City will arrange and provide for inoculations or vaccines recommended by the Washington State Department of Health. 24.2 The City of Yakima will pay required fees for any license/certificate required by the City as a condition of continued employment, provided however, that reinstatement costs that are the employee's fault shall be paid by that employee. A) Employees may elect to renew their Commercial Drivers License (CDL) medical certification through their regular attending physician at their own expense or at the medical clinic authorized by the City at the City's expense. B) The employee will sign a waiver agreeing to hold the city harmless to liability if they purposely misrepresent or do not accurately disclose medical conditions to their physician during the CDL medical certification process. The employee and physician waivers are incorporated into this Agreement as Appendix A. AFSCME Transit January 1, 2010 - December 31, 2012 18 24.3 As part of the City's Wellness Program and the City's encouragement of good health a, practices, the City will reimburse the employee for the co -payments related to an annual preventive physical examination up to One Hundred Dollars ($100.00) per employee. 24.4 Bargaining unit members may be reimbursed up to $75.00 per year for work -appropriate footwear. ARTICLE 25 - LIFE INSURANCE 25.1 The City shall provide life insurance for bargaining unit members with a face value of Seventy -Five Thousand Dollars ($75,000) per member. The life insurance premium shall be paid in full by the City. 25.2 Retiree Life Insurance: Upon retirement, retirees may elect to continue their participation in the life insurance coverage through a conversion policy. The conversion coverage policy requires that retired employees pay their own premium for said coverage. ARTICLE 26 - HOLIDAYS 26.1 Annual Holidays: The following shall be recognized and observed as paid holidays: New Year's Day January 1 Martin Luther King, Jr. Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day 1st Monday in September Veterans' Day November 11th Thanksgiving Day 4th Thursday in November Day after Thanksgiving Day 4th Friday in November Christmas December 25th 26.2 Personal Holiday: Permanent employees shall be entitled to eight (8) hours of personal holiday per calendar year. Employees who work a 4/10 schedule shall be entitled to ten (10) hours of personal holiday per calendar year. Both are subject to the following conditions: A) The employee has been or is scheduled to be continuously employed by the City for more than six (6) months, and B) The employee has given not less than fourteen (14) calendar days of written notice to the Division Manager, provided however, the employee and the Division Manager, or their designee, may agree on an earlier day, and 19 AFSCME Transit January 1, 2010 - December 31, 2012 i • C) The Division Manager or their designee, has approved the day, and D) The day selected does not prevent the Transit. Division from providing continued public service and does not interfere with the efficient operation of the Transit Division, and E) The personal day must be taken during the calendar year of entitlement or the day will lapse except when an employee hay requested a personal holiday and the request has been denied. 26.3 General Holiday: A) Whenever any holiday specified by State Law falls on Saturday, the preceding Friday shall be the holiday. Employees who work Friday in such case shall be paid according to City Code Section 2.40.080, Subsection E. Whenever any holiday specified by State law falls on Sunday, the following Monday shall be the holiday. Employees who work Monday in such case shall be paid according to City Code Section 2.40.080, Subsection E. B) Whenever a holiday falls on a Saturday, the holiday shall be observed Saturday or if a holiday falls on Sunday, the holiday shall be observed Sunday for those employees regularly scheduled to work on Saturday or Sunday. C) Full-time employees whose regularly scheduled Friday and/or Saturday shifts are pre- empted due to no holiday service and/or reduced holiday service shall be compensated at pay code 10 for Friday and pay code 77 for Saturday. D) If a holiday falls on a normal day off, an equivalent day off will be granted to be scheduled within sixty (60) days of the holiday. E) Holiday hours will be offered by seniority as defined in Article 31 - Seniority, to permanent employees, prior to offering the open holiday work to temporary employees, and F) Time and one-half (1-1/2) will be paid for the hours worked on a holiday in addition to the employee's rate of pay. At the employee's option, the premium holiday pay shall be received or the employee may be paid at straight time with the equivalent of one and one- half (1-1/2) days being granted off within sixty (60) days. If not specified here the general holiday agreement applies. G) Employees working a 10/4 schedule shall earn ten (10) hours credit per holiday. All other provisions of this Article will continue to apply. AFSCME Transit January 1, 2010 - December 31, 2012 20 ARTICLE 27 - VACATION Employees shall be granted annual vacation pursuant to the following conditions: 27.1 All full time employees shall accrue vacation with pay as follows: Years of Service Accrual Rates After one (1) full year 7.34 hours per. month (88 hours per year, 40 hours may be taken after 6 months) After two (2) full years 8.67 hours per month (104 hours per year) After five (5) full years 10.67 hours per month (128 hours per year) After ten (10) full years 13.34 hours per month (160 hours per year) After fifteen (15) full years 15.34 hours per month (184 hours per year) After twenty (20) full years 19.34 hours per month (232 hours per year) Vacation accruals for permanent part-time employees will be prorated based on the difference between the total number of actual hours in pay status in the previous month versus the total number of hours available to work in the previous month. Accruals shall be adjusted monthly. 27.2 Employees shall be allowed to accrue a total amount of vacation time equal to the amount which can be earned in two years. 27.3 Employees who become ill while on approved vacation may utilize sick leave for the period of illness subject to the provisions of Article 28 - Sick Leave, Section 28.3 and 28.4 and provided the employee immediately upon becoming ill notifies the Division Manager and, upon return to work, presents the Division Manager with a physician's certificate stating the nature of the illness and the length of the incapacity. 27.4 Vacation leave cannot be used during the month of accrual. ARTICLE 28 - SICK LEAVE 28.1 Accrual: Sick leave with pay is maintained as an insurance program for salary continuation during periods of illness, and particularly extended illness as follows: A) All full-time employees shall accrue sick leave with pay at the rate of eight (8) hours per month for each full calendar month of the eligible employee's continuous service with the City. Said accrual shall be prorated for permanent part-time employees. B) Unused sick leave shall accumulate to a maximum of 1040 hours. Any sick leave that would otherwise accumulate over 1040 hours for a Union member will be credited to the AFSCME sick leave pool. 21 AFSCME Transit January 1, 2010 - December 31, 2012 • • 28.2 Use: Sick leave cannot be used during the month of accrual. 28.3 Permissible Use of Sick Leave: An employee eligible for sick leave with pay shall be granted such leave for the following reasons: A) Personal illness or physical incapacity resulting from causes beyond employee's control. B) Verifiable visits by the employee and the employee's dependents enrolled in the City of Yakima Employees' Health Care Plan to a physician or dentist for examination and/or treatment. C) Quarantine of employee due to exposure to a contagious disease. D) On the Job Injuries: The sick leave buy back program for work related injuries is eliminated and time loss compensation will be paid in accordance with City of Yakima Administrative Policy PER 405 and in compliance with State of Washington Labor and Industries industrial insurance laws. A member who is receiving industrial insurance benefits and whose authorized leave of absence for the injury exceeds 12 -weeks covered by the federal Family and Medical Leave Act shall be required to pay only the employee's portion of the health insurance premium for an additional 12 -week period. At the end of the second 12 -week period and if the employee has not returned to work, the employee shall be required to pay for both the employee and the City's portions of the applicable health insurance premium. E) To care for a child of the employee with a health condition that requires treatment, transportation, or supervision. "Child" as used herein means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in the place of a parent ("in loco parentis" as legally defined) who is (a) under 18 years of age or (b) 18 or older and incapable of self-care because of a mental or physical disability. F) To care for a spouse,parent, parent -in-law, or grandparent of an employee who has a serious health condition or an emergency condition. "Parent" as used herein includes an individual who stood in the place of a parent ("in loco parentis" as legally defined) to an employee when the employee was a child. G) For bereavement leave as provided in Article 30 of this Agreement. H) For serious injury or illness to other members of employee's immediate family constituting an emergency or crisis, provided the employee is engaged in care/treatment, transportation, and/or supervision of the affected individual. AFSCME Transit January 1, 2010 - December 31, 2012 The term "Immediate Family" means: 1) Spouse, children, children of spouse, spouse of children; 2) Step or foster family relationship; 3) Mother, father, brother, sister of employee or spouse; 4) Grandparent or grandchild of employee or spouse; 5) Aunt or uncle of employee or spouse. 6) Any person living in the Immediate Household* of the employee. 7) In cases where an employee is responsible for funeral arrangements sick leave will be granted. I) Employees who have exhausted all accumulated sick leave may use accumulated vacation leave, compensatory time, in lieu time, or their personal holiday in lieu of sick leave subject to the requirements of all other provisions of this Agreement (contract). * Members of the Immediate Household means persons who reside in the same home, who have reciprocal and natural and/or moral duties to and do provide support for one another. The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune. 28.4 Requirements for All Paid Sick Leave: A) Absence Reported: Employees must report to the representative designated by their Division Manager the reason for their absence as far in advance of the starting of their scheduled work day as possible. This report shall be made no later than five (5) minutes after the scheduled report time. B) Incidents Greater Than Three Days: Employees must keep their Division Manager informed of their condition if their absence is of more than three (3) consecutive working days in duration. C) Physician's Statement: A statement by an employee's attending physician may be required if an absence caused by illness or injury extends beyond three (3) consecutive working days, or for each absence, if requested by the Division Manager. If a physician's statement is to be requested by the Division Manager, the employee shall be so notified before his or her return to work. D) Home Visits: Employees may choose to permit home visits. E) Medical Examinations: Employees must permit medical examinations as designated by the City, at the expense of the City, and at the mutual convenience of the City and the employee. 23 AFSCME Transit January 1, 2010 - December 31, 2012 ID • • • 28.5 Enforcement of Sick Leave Provisions: A) Failure to Comply: Any failure to comply with the provisions of Article 28 - Sick Leave shall be grounds for denial of sick leave with pay or other paid leave taken in lieu of sick leave for the period of absence. B) Disciplinary Action: Misrepresentation of any material fact in connection with paid sick leave or other paid leave taken in lieu of sick leave by an employee shall constitute grounds for disciplinary action. C) Oversight: It shall be the responsibility of the Department Head or his/her designated representative to: 1) Review all sick leave or other paid leave taken inlieu of sick leave and approve that which complies with the provisions of this Section and forward approved time cards to the Finance Department The Payroll Officer shall not certify the payment of sick leave or other paid leave taken in lieu of sick leave until the approved applications have been received, except that employees still absent at the end of a pay period may be certified for payment of sick leave or other paid leave taken in lieu of sick leave by the Payroll Officer upon recommendation of the Department Head as indicated by their signing the time sheet and subject to the receipt of an approved application for sick leave pay or other paid leave taken in lieu of sick leave immediately upon the employee's return to work; 2) Investigate any suspected abuse of sick leave or other paid leave taken in lieu of sick leave; 3) Withhold approval of sick leave pay or pay for other leave taken in lieu of sick leave in the event of unauthorized use; 4) Initiate disciplinary action if, as a result of investigation, it is determined that an employee has been guilty of willful misrepresentation in a request for sick leave pay or other pay taken in lieu of sick leave pay. D) Unscheduled Sick Leave: 1) An unscheduled sick leave incident shall be defined as any continuous period of absence due to illness or injury. One absence equals one incident regardless of the length of time of absence. Any sick leave incident in which the employee submits a statement from a health care provider verifying the illness or injury of themselves or a family member(s) shall be considered a scheduled absence. 2) Permanent employees shall not exceed twelve (12) incidents of unscheduled sick leave in a calendar year. Exceeding twelve (12) incidents may be cause for discipline. AFSCME Transit January 1, 2010 - December 31, 2012 24 28.6 Sick Leave Exchange: Any permanent employee may exchange accrued sick leave for pay or for additional leave • time as appropriate, in accordance with the options provided the employee, subject to the following provisions: A) Upon Retirement or Death: Upon retirement or death the employee's accrued sick leave up to and including 840 hours will be exchanged for pay at the rate of 100% of the employee's current base pay. The maximum payment shall be $16,500. B) Upon Termination — Up to 719.99 Hours: Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to and including 719.99 hours or less will be exchanged for pay at the rate of 25% of the employee's current base pay. Honorable termination includes layoff for budget reasons, as well as resignation with at least fourteen (14) calendar days notice. The maximum payment shall be $7,500. C) Upon Termination — 720 Hours or More: Upon termination under honorable conditions, as distinct from retirement or death, employees who have accrued sick leave of 720 hours or more will be exchanged for pay at the rate of 50% of the employee's current base pay, up to a maximum of and including 840 hours. Honorable termination includes layoff for budget reasons, as well as resignation with at least fourteen (14) calendar days notice. The maximum payment shall be $7,500. D) Additional Vacation Days: Employees who have accrued 720 hours or more of sick leave may exchange such sick leave for bonus (additional) leave days at the rate of 32 hours of sick leave for each additional eight (8) hours of leave, not to exceed a total of 40 added leave hours annually, utilization of which would be- subject to the scheduling and approval by the Department Head. No request to exchange sick leave for vacation will be granted for less than thirty-two (32) hours of sick leave or eight (8) hours of pay. E) Sick Leave Exchange Procedure: Any permanent employee may exchange accrued sick leave as provided above, subject to the following conditions and provisions: 1) A request for such an exchange shall be made to the Finance Director. All requests shall be in writing and shall be signed by the employee making the request. 2) Requests will be accepted only during the first five (5) working days of each month with exchanged leave to be available within fifteen (15) calendar days of 25 AFSCME Transit January 1, 2010 - December 31, 2012 • • • the date the request is received by the office of the Finance Director. Exceptions to the above will be made for termination, layoff or disability retirement. 3) No exchange will be granted to an employee who has been terminated for cause. 4) In the event of layoff, exchange requests are the responsibility of the employee. ARTICLE 29 - MATERNITY LEAVE Pregnancy will be treated in accordance with the law. ARTICLE 30 - BEREAVEMENT LEAVE 30.1 Employees shall be granted up to and including three (3) days Bereavement Leave in the event of a death in the immediate family of the employee. Employees shall discuss the duration of the leave with the Transit Manager or his/her designee at the onset of the leave. A) The term "immediate family" means: 1) Spouse, children, children of spouse, spouse of children; 2) Step or foster family relationship; 3) Mother, father, brother, sister of employee or spouse; 4) Grandparent or grandchild of employee or spouse; 5) Aunt or uncle of employee or spouse 6) Any person living in the Immediate Household * of the employee. 7) In cases where an employee is responsible for funeral arrangements bereavement leave will be granted. B) The employee shall upon returning to work provide written documentation of the death of the immediate family member before bereavement leave shall be paid. This requirement may be waived by the Transit Manager or his designee. * Members of the Immediate. Household means persons who reside in the same home, who have reciprocal and natural and/or moral duties to and do provide support for one another. The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune. ARTICLE 31- SENIORITY 31.1 Transit Seniority Defined: Transit Seniority is defined as the length of time accrued in a permanent non-exempt Civil Service Transit Classification position, subject to the provisions contained in this Article. Seniority shall be recorded as follows: years; days; hours; and minutes. AFSCME Transit January 1, 2010 - December 31, 2012 26 31.2 Transit Seniority Provisions: A) Transit Seniority shall begin on the actual date of hire in a permanent classified Transit status including the probationary period. B) Transit Seniority for on-call and seasonal positions shall only include the actual time accrued in a pay status. C) Transit Seniority shall continue from one (1) classified Transit position to another classified Transit position through transfer or promotion. D) Any and all time in a leave without pay status which is not both pre -requested and pre -approved shall be excluded from Transit Seniority. E) Any and all time in a leave without pay status, which resulted from the employee's failure to maintain the minimum qualifications of the position, shall be excluded from Transit Seniority. F) Any and all time on suspension due to a sustained disciplinary action shall be excluded from Transit Seniority. G) Employees who are separated from service due to a reduction in force shall retain the Transit Seniority they held upon separation, however, no additional Transit Seniority shall accrue during the period of separation should rehire occur. H) All Transit Seniority shall lapse and become void upon the expiration of the re- employment/recall period, resignation, termination for cause, or abandonment of position. 31.3 Seniority Application: Transit Seniority shall be applied to all matters of work assignments City of Yakima Civil Service Seniority shall be applied to all matters of reductions in force. 31.4 Seniority Records: A) The Operations Supervisor with the support of the Human Resources Division shall maintain a current record of individual Transit Seniority for each employee in the Transit Bargaining Unit. B) The individual Transit Seniority records shall be adjusted to reflect any periods of exclusion from seniority, with written notification to the negatively affected employees. C) The City shall compile from the individual records a single descending rank order list of employees from the greatest Transit Seniority to the least seniority. The list will be available to the Union upon request. D) The single list of Transit Seniority shall be updated prior to and posted with any and, all sign-up bids and markdown bids. 27 AFSCME Transit January 1, 2010 - December 31, 2012 • E) Current copies of the Transit Seniority list shall be maintained by the Transit Division and the Human Resources Division. The City of Yakima Charter Civil Service Commission's Seniority list will be available from the Human Resource Manager upon request. 31.5 Separability Of Service Length: This Article sets specific parameters on the length of service for purposes of rank order for the classified employees. It is not the intent of this Article to alter the individual length of continuous, uninterrupted service with the City which may include temporary and/or exempt service that the employee's vacation, sick leave, longevity, retirement, and holiday adjustments are based on. ARTICLE 32 - CHANGE OF WORK STATUS 32.1 Transit seniority as defined in Article 31 shall govern the bidding for full or part-time status (for periods of quarterly sign-ups), run selection, shifts, and workweek selection by permanent full-time and permanent part-time Transit Operators. All permanent Transit Operators shall bid on all scheduled runs and/or shifts by seniority. 32.2 To facilitate payroll operations, Transit Operators will simultaneously bid for their full or part-time status at the same time as they bid their work schedules. 32.3 Work schedules bidding shall be completed within a total time period of eighteen (18) working days. ARTICLE 33 - WORK WEEK PROVISIONS Employees shall be scheduled to work regular hours for each work day and each work week in accordance with the provisions established below. The City will grant time off work for a minimum of five (5) Operators per weekday, excluding sick leave and operators who are physically unable to perform their work duties. Management shall determine the maximum number of employees off per day. Employees' schedules will conform to the provisions of this Article unless specifically modified by an Addendum to this contract. If the current ratio of permanent full time to permanent part time changes due to significant modifications of service, this article may be renegotiated in accordance to Article 37.2 (Entire Agreement). 33.1 Meal and Rest Periods for Transit Operators: A) Time recovery layovers shall not be considered in calculating rest period compensation. B) All straight, eight (8) or ten (10) hour, shifts shall include a total of thirty (30) minutes of non -service rest period compensation. AFSCME Transit January 1, 2010 - December 31, 2012 28 1) Straight shifts shall be considered as split shifts when filled by more than one (1) employee and Section C below shall apply. C) All split,eight (8) or ten (10) hour, shifts shall include fifteen (15) minutes of non- • � service rest period compensation within each shift piece(s). One (1) rest compensation period shall be before, and one (1) rest compensation period shall be after, the shift split. D) All open work and special operations work shall include fifteen (15) minutes of non - service rest period compensation within each four (4) hour period of work. E) Due to the nature of work performed by bargaining unit employees, the Union and the City agree that employees shall not have any meal period(s) otherwise required by law. 33.2 Transit Dispatchers: A) Regular Hours: The Employer shall establish each work schedule which shall provide for regular starting and quitting times for each work day. B) Work Day: Employees will be scheduled to a work day of eight (8) or ten (10) consecutive hours within a twenty-four (24) hour period. C) Work Week: The work week shall start on Monday and end on Sunday. It shall consist of four (4) or five (5) consecutive days, with two (2) or three (3) days off. D) Shifts: Shifts shall be assigned by mutual agreement of the Dispatchers; however, seniority bid shall prevail where a consensus agreement cannot be reached. E) Working Out Of Classification: Dispatchers may stand in for Transit Operators in limited emergency situations and break periods. F) Uniforms: The Employer shall provide uniforms for each Dispatcher commensurate with current Transit Division standard issue. 29 AFSCME Transit January 1, 2010 - December 31, 2012 • • • • 33.3 Service Workers: A) Regular Hours: The Employer shall establish each work schedule which shall provide for regular starting and quitting times for each work day. B) Work Day: Employees will be scheduled to a work day of eight (8) or ten (10) consecutive hours within a twenty-four (24) hour period. C) Work Week: The work week shall start on Monday, end on Sunday, and shall consist of four (4) or five (5) consecutive days, with two (2) or three (3) days off. D) Uniforms: The Employer shall provide service worker(s) with clean uniforms daily. E) Foul Weather Gear: The Employer shall provide foul weather gear such as, but not limited to, coats, boots, and gloves for the Service Worker(s). 33.4 Marketing and Program Administrator, Transit Project Planner, and Transit Office Assistant DA II: A) Regular Hours: These employees may or may not have regularly scheduled work hours. B) Work Day: Eight (8) or ten (10) consecutive hours with a one (1) hour lunch break within a twenty-four (24) period. C) Work Week: The work week shall start on Monday, end on Sunday, and shall consist of four (4) or five (5) consecutive days, with two (2) or three (3) days off. 33.5 Route Supervisor: A) Regular Hours: These employees may or may not have regularly scheduled work hours. 30 AFSCME Transit January 1, 2010 - December 31, 2012 B) Work Day: Eight (8) or ten (10) hours within a twenty-four (24) hour period. C) Work Week: The work week shall start on Monday, end on Sunday, and shall consist of four (4) .or five (5) consecutive or non-consecutive days, with two (2) or three (3) days off. D) Uniforms: The Employer shall provide uniforms for each Route Supervisor commensurate with current Transit Division standard issue. 33.6 Permanent Full -Time Transit Operators: A) Regular Hours: The Employer shall establish each work schedule which shall provide for regular starting and quitting times for each work day. B) Work Day: Employees will be scheduled to a work day of eight (8) or ten (10) consecutive or non consecutive hours within a twenty-four (24) period. C) Work Week: The work week shall start on Monday and end on Sunday; and shall consist of five (5) consecutive or non consecutive eight (8) hour days, with two (2) days off or four (4) consecutive or non consecutive ten (10) hour days with three (3) days off. D) Uniforms: The Employer shall provide uniforms for each permanent full-time Transit Operator commensurate with current Transit Division standard issue. 33.7 Permanent Part -Time Transit Operators: A) Permanent Part -Time Scheduled Work: It is recognized and expected that permanent part-time employees may be assigned work to fill-in while permanent full-time employees are absent due to vacation, illness, or other cause, which may preclude the assignment of a specific work schedule and therefore they may not be considered to have a regularly scheduled work shift. In the event they have a regularly scheduled work shift, the following shall apply: AFSCME Transit January 1, 2010 - December 31, 2012 31 • • 1) Scheduled Regular Hours: The Employer shall establish each work schedule, which shall provide for regular starting and quitting times for each work day. 2) Scheduled Work Day: Permanent part-time runs shall consist of a work day of ten (10) hours or less and may be for consecutive or non consecutive hours. 3) Scheduled Work Week: The work week shall start on Monday and end on Sunday; and shall consist of up to five (5) consecutive or non-consecutive work days. The scheduled work week shall be scheduled to meet the needs of the Transit Division. Whenever possible permanent part-time employees shall be assigned to a specific work schedule not requiring split days off in a calendar week. B) Permanent Part Time Open Work: 1) Open Regular Hours: The Employer shall establish each work assignment which shall provide for regular starting and quitting times for each work day. Open work will be offered daily by seniority. 2) Open Work Day: Known Leave Assignment; Previous Day Before 2:00 p.m.: 1) FULL SHIFTS a) Permanent part-time employees may accept by seniority any full shift that is available. b) Once a permanent part-time operator accepts a full shift of either 8 or 10 hours no extra hours will be offered that day until all less senior operators have been offered a work assignment. II) PIECES OF OPEN WORK a) A permanent part-time operator may by seniority accept to choose a shift piece(s) of available open work. Open pieces of work that do not conflict may be combined to exceed 10 hours each workday. A shift piece may be split only when needed to reach 40 hours for the week. b) No piece of work will be split that does not leave at least 2 hours available for another operator to work. AFSCME Transit January 1, 2010 - December 31, 2012 32 III) SCHEDULED ASSIGNMENTS LESS THAN 8 HOURS A permanent part-time operator who has a regularly scheduled bid shift of III less than 8 hours may accept extra work that does not conflict which may be combined to exceed 10 hours for that workday. IV) EXTRA HOURS When all available permanent part-time operators have been offered a work assignment and there is still open work, the most senior available operator will be offered extra hours that could cause them to work more than 10 hours in a workday. V) If an employee fails to contact dispatch (and could have had an assignment) or decides to pass up a full shift, they will rotate to the least senior bidding position for the next day's "same day" assignments. 3) Same Day Work Assignment: I) Work becoming available after 2:00 p.m. the previous day and/or piece(s) remaining from previous night's assignments. II) Work is offered by following the same guidelines outlined in (2) above to the most senior available employee who can work the shift(s) or piece(s) without loss of service. An employee who passes up work shall rotate to io the least senior bid position. HI) Open work that is offered to a temporary employee shall be split to accommodate a permanent part-time Operator who may be available to work a portion of that shift. 4) Open Work Week: Any open work will be split as necessary on the day of the week in which the employee's cumulative hours total forty (40) hours (or as near 40 hours as possible) without leaving a remaining open work piece of less than two (2) hours. C) Call To Report: When called to fill open work the following shall apply: 1) Accepted work report time is one (1) hour from acceptance, and regular report rules apply. 2) Arrival within the first one-half (1/2) hour after the shift starts will be paid from the start of the shift. 33 AFSCME Transit January 1, 2010 - December 31, 2012 • • 3) Arrival after the first one-half (1/2) hour from the shift start time will be paid in quarter (1/4) hour increments rounded to the previous quarter (1/4) hour. 4) All Permanent Part-time Operators must submit a leave request for the day(s) they wish to be not available (N/A). Standard leave request procedures will be followed. D) Working over 40 Hours: A permanent part-time operator may be assigned a full shift or complete shift piece that causes their accumulative weekly total to exceed 40 hours for the week. Such assignment shall not exceed 0.75 hours of overtime. Such assignment will be offered only if no other combination of shifts are available to be worked that would give exactly 40 hours for the week. E) Uniforms: The Employer shall provide uniforms for each permanent part-time Transit Operator commensurate with current Transit Division standard issue. 33.8 On Call Employees: On Call Employees will not be scheduled for a regular set shift, but rather, will be called to work to fill in during the absence of another employee. On call employees will be entitled to the meal and rest periods provided for in the scheduled shift for which they are filling in. 33.9 Minimum and Maximum Shift: No employee will be scheduled to a regular shift of less than two (2) consecutive hours. No employee shall be scheduled to a regular shift of greater than ten (10) hours. 33.10 Work Schedule Changes: Any overall, long term change in work schedules will be discussed between the Employer and the Union prior to implementation. The Employer may change the regular starting and quitting times and the days worked in a week with five (5) work days notice prior to the effective date of the new schedule. The five (5) work day notice may be waived upon written mutual agreement between Management and the Union. Although reasonable warning will be given whenever possible, the five (5) work day notice provision will not be required for temporary individual shift assignment changes which may be made only to cover for the absences of another employee due to termination, resignation, vacations, or sick leave. Other than the reasons cited above, an employee's work shift sba11 not be changed to avoid payment of overtime when an employee is called to work outside that employee's regular work shift or called to work before the regular starting time or retained to work beyond the regular quitting time. • 34 AFSCME Transit January 1, 2010 - December 31, 2012 33.11 Emergency Situations: The Employer shall determine when an emergency situation exists and an emergency shall be defined as a sudden, unexpected event which creates a situation endangering the public or employees' health and/or safety. In the case of emergencies, management may make schedule changes as required to protect the public or employees without discussion with the Union or notice to the employees. However, management will endeavor to preserve employee work schedules whenever possible. 33.12 Addenda Procedures: Recognizing the diversity of the work force in the Bargaining Unit, the Union and the Employer agree that other work week provisions may, from time to time, be required for various groups of employees. It is therefore, agreed that alternative work week provisions may be adopted. These alternative provisions will be adopted as written Addenda to this contract and will require approval of the City and the Union and a majority of the employees covered by the Addenda. ARTICLE 34 - PERMANENT PART-TIME EMPLOYEES 34.1 Telephone: Permanent part-time employees may, as a condition of their employment, be required to have a telephone in their personal residence so that they may be notified if they are needed to work on a particular day. 34.2 Vacation, Sick Leave, and Holidays: Permanent part-time employees will accrue vacation and sick leave and shall be compensated for holidays at the accrual rate prescribed in this Agreement prorated to reflect the actual percentage of time worked. In order to facilitate crediting to those accounts, permanent part- time, benefits will be initially assigned to 50%, 75%, or 100%, as determined by the appointing authority, of the accrual rate. Employees' benefit accruals will be adjusted monthly to reflect actual benefit accrual rates. Holiday and personal holiday time will be adjusted annually. ARTICLE 35 - TRADING WORK Employees may trade work with other employees in their same classification, within the same work week (Monday through Sunday), as long as the wage cost to the Employer does not exceed the wage cost had the trade not occurred. The employees shall give notice, on the official form, to the Dispatcher no later than 1:00 p.m. on the day prior to the earliest affected shift. ARTICLE 36 - "ROADEO" The Employer will encourage the participation of employees in bus and van "ROADEOS." 35 AFSCME Transit January 1, 2010 - December 31, 2012 • • • ARTICLE 37 - ENTIRE AGREEMENT 37.1 This Agreement constitutes the complete and entire Agreement between the parties and neither the City nor the Union shall be bound by any requirement not specifically stated in this Agreement or applicable Civil Service rules, provided however that this Agreement shall be subject to such periodic modifications as may be voluntarily agreed upon in writing by the parties during the term hereof. The parties are not bound by the past practices or understandings of the City or the Union unless such past practices or understandings are incorporated in this Agreement or executed in writing. 37.2 The City and the Union acknowledge that each party has had ample opportunity to submit proposals with respect to any subject or matter regarding wages, hours, and working conditions not removed from the collective bargaining process by law and agree that all said proposals have been negotiated during the negotiations leading to this Agreement. The parties further agree that negotiations will not be reopened on any item during the life of this Agreement except by the mutual consent or as provided in R.C.W. 41.56.492. ARTICLE 38 - SAVINGS CLAUSE 38.1 Applicability to and Compliance with Law: It is understood and agreed that all provisions of this Agreement are subject to applicable laws, and if any provision of any Article of this Agreement is held or found to be in conflict therewith, said Article shall be void and shall not bind either of the parties hereto; however, such invalidity shall not affect the remaining Articles of this Agreement. Notwithstanding any other provisions of this Agreement the parties may take all actions reasonable to comply with the Americans with Disability Act and the Family and Medical Leave Act. If the Washington State Health Services Act of 1993 or Federal Health Care legislation mandates changes to the Health/Care Fringe Benefits Article of this Agreement, then the parties agree to negotiate the effects of those mandated changes. 38.2 Effects of Charter Civil Service Rule Changes: It is understood that, should modification of the Charter Civil Service Rules and Regulations take place during the contract period, the parties agree the CBA will be reopened, if requested by either party, to address each modification. ARTICLE 39 - TERMINATION This Agreement shall be deemed effective from and after the 1st day of January, 2010 and shall terminate on December 31, 2012; provided, however, that this Agreement shall be subject to such periodic changes or modifications as may be voluntarily and mutually agreed upon by the parties hereto during the term hereof. AFSCME Transit Januazy 1, 2010 - December 31, 2012 36 Appendix A Page 1 of 2 City of Yakima Uniformed Transit Operator Commercial Driver License Medical Examination Declaration MEDICAL EXAMINER DECLARATION The City of Yakima provides paid medical examination services to all employees who are required to have a Commercial Drivers License endorsement as an essential function of their job. Your patient has selected to have you, their regular physician, complete this examination, at their own expense. I am a licensed physician in and conducted an examination of , a patient known to me, in order to determine their physical qualification for operating a commercial vehicle in accordance with the requirements of 49 CFR 391.41 -49. By signing below, I declare that I am familiar with the requirements and guidelines developed by the Federal Motor Carrier Safety Regulations in making my determination of qualification, as well as the driver's responsibilities and work environment outlined in the introductory comments under "The Driver's Role" to 49 CFR 391.41. I further declare that I have read and understand the "Instructions to the Medical Examiner" section of 49 CFR 391.41 including both the General Information and Interpretation of Medical Standards paragraphs. Signature of Physician Printed name of Physician AFSCME Transit January 1, 2010 - December 31, 2012 Date: 40 • • • 410 Appendix A Page 2 of 2 • City of Yakima Uniformed Transit Operator Commercial Driver License Medical Examination Liability Waiver RELEASE OF ALL CLAIMS, WAIVER OF LIABILITY, AND HOLD HARMLESS AGREEMENT I am a Uniformed Transit Operator for the City of Yakima who must maintain a valid Commercial Driver's License (CDL) in order to operate any commercial motor vehicle. I understand that I must be physically qualified to do so in accordance with the Physical Qualifications for Drivers standards as set forth in 49 CFR 391.31, and must obtain a medical examiner's certificate initially and for subsequent license renewals. The City of Yakima provides paid medical examination services for this purpose. As an alternative to the City provided examination, I am electing to utilize my regular physician for the screening and certificate at my own expense. I acknowledge my obligation to fully represent all medical information to my evaluating physician, and to accurately disclose any medical information or condition to the physician, requested or not, to the best of my ability. I FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF YAKIMA, AND ITS ELECTED OR APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS FROM ANY CLAIM, DAMAGE, COST OR LIABILITY RESULTING FROM, OR RELATED TO; ANY INTENTIONAL MISPRESENTATION OR ANY FAILURE TO ACCURATELY DISCLOSE WHAT I KNOW TO BE RELEVANT MEDICAL INFORMATION TO MY EXAMINING PHYSICIAN. I agree to all of these terms on behalf of myself, my child (if applicable), my spouse (if applicable), my family, my heirs, my executors and personal representatives of my estate, and this Release of All Claims, Waiver of Liability, and Hold Harmless Agreement is binding on them. I have read and understand the information in this Release of All Claims, Waiver of Liability, and Hold Harmless Agreement. • Signature of Operator Printed name of Operator AFSCME Transit January 1, 2010 - December 31, 2012 47 Date: ADDENDUM TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF YAKIMA AND AFSCME TRANSIT LOCAL 1122 THIS ADDENDUM to the 2010 - 2012 Collective Bargaining Agreement is made and entered into by and between Council 2, Washington State Council of County and City Employees (WSCCCE) representing Local 1122 American Federation of State County and Municipal Employees ("AFSCME"), hereinafter the "Union" and the City of Yakima, a Washington municipal corporation, hereinafter the "City" and was approved by the Yakima City Council January 17, 2012 by Resolution R-2012-15. WHEREAS, the City and the Union executed a collective bargaining agreement effective January 1, 2010 that expires December 31, 2012. WHEREAS, pursuant to the collective bargaining agreement and state law, the City and the Union engaged in negotiations on the matter of wages and medical plan premiums. WHEREAS, the parties have reached an agreement on wages and benefits for 2012. NOW, THEREFORE, it is agreed by and between the City and the Union as follows; Effective January 1, 2012: • $100,000 Life Insurance (City paid) • 6% shift differential — All shifts • $4.00 per hour Standby pay • Transit Dispatchers position reallocated to pay code 665 from 660 Additionally, for 2012 only: • $1,500 "In -Lieu Settlement" for 2011 paid to each member; and • A Memorandum of Understanding (MOU) was executed and signed January 9, 2012 reflecting a $193.00 per month wage adjustment for members who have dependent coverage effective January 1, 2012 through December 31, 2012. The terms of this agreement shall be incorporated into the next collective bargaining agreement for 2013, should such an agreement be reached. THIS ADDENDUM is executed by the parties this % day of January, 2012. CITY OF YAKIMA Michael A. Morales Interim City Manager AFSCME Local 1122 Dennis Betker President, Y�= to Lewis Staff Representative City Contract No. '9-0(0" ( Resolution No. a - (S • • • t a • Appendix A Page 1 of 2 City of Yakima Uniformed Transit Operator Commercial Driver License Medical Examination Declaration MEDICAL EXAMINER DECLARATION The City of Yakima provides paid medical examination services to all employees who are required to have a Commercial Drivers License endorsement as an essential function of their job. Your patient has selected to have you, their regular physician, complete this examination, at their own expense. I am a licensed physician in and conducted an examination of , a patient known to me, in order to determine their physical qualification for operating a commercial vehicle in accordance with the requirements of 49 CFR 391.41 -49. By signing below, I declare that I am familiar with the requirements and guidelines developed by the Federal Motor Carrier Safety Regulations in making my determination of qualification, as well as the driver's responsibilities and work environment outlined in the introductory comments under "The Driver's Role" to 49 CFR 391.41. I further declare that I have read and understand the "Instructions to the Medical Examiner" section of 49 CFR 391.41 including both the General Information and Interpretation of Medical Standards paragraphs. Signature of Physician Printed name of Physician AFSCME Transit January 1, 2010- December 31, 2012 40 Date: Appendix A Page 2 of 2 City of Yakima Uniformed Transit Operator Commercial Driver License Medical Examination Liability Waiver RELEASE OF ALL CLAIMS, WAIVER OF LIABILITY, AND HOLD HARMLESS AGREEMENT I am a Uniformed Transit Operator for the City of Yakima who must maintain a valid Commercial Driver's License (CDL) in order to operate any commercial motor vehicle. I understand that I must be physically qualified to do so in accordance with the Physical Qualifications for Drivers standards as set forth in 49 CFR 391.31, and must obtain a medical examiner's certificate initially and for subsequent license renewals. The City of Yakima provides paid medical examination services for this purpose. As an alternative to the City provided examination, I am electing to utilize my regular physician for the screening and certificate at my own expense. I acknowledge my obligation to fully represent all medical information to my evaluating physician, and to accurately disclose any medical information or condition to the physician, requested or not, to the best of my ability. I FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF YAKIMA, AND ITS ELECTED OR APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS FROM ANY CLAIM, DAMAGE, COST OR LIABILITY RESULTING FROM, OR RELATED TO, ANY INTENTIONAL MISPRESENTATION OR ANY FAILURE TO ACCURATELY DISCLOSE WHAT I KNOW TO BE RELEVANT MEDICAL INFORMATION TO MY EXAMINING PHYSICIAN. I agree to all of these terms on behalf of myself, my child (if applicable), my spouse (if applicable), my family, my heirs, my executors and personal representatives of my estate, and this Release of AH Claims, -Waiver of Liability, and Hold Harmless Agreement is binding on them. I have read and understand the information in this Release of All Claims, Waiver of Liability, and Hold Harmless Agreement. Signature of Operator Printed name of Operator AFSCME Transit January 1, 2010 - December 31, 2012 Date: 41 t • • t ATTACHMENT E FEDERAL TRANSIT ADMINISTRATION 3RD PARTY CONTRACT CLAUSES FOR CITY OF YAKIMA Some sections have been deleted where non -applicable. A.1 - Federally Required and Other Model Contract Clauses 1. Fly America Requirements SELECTION DELETED 2. Buy America Requirements SELECTION DELETED 3. DELETED /1. Cargo Preference Requirements SELECTION DELETED 5. _•- ' _ . - ' - :. ' ... . SELECTION DELETED 6. Energy Conservation Requirements 7. Clean Water Requirements SELECTION DELETED 8. Bus Testing SELECTION DELETED 9. ' .. . ' : ` • • - - • SELECTION DELETED Lobbying ccess to Records and Reports . Federal Changes 13. SELECTION DELETED 14. Clean Air SELECTION DELETED 15. Recycled Products SELECTION DELETED 16. Davis Bacon and Copeland Anti Kickback Acts SELECTION DELETED 17. - . • SELECTION DELETED 18. [Reserved] 19. No Government Obligation to Third Parties 20. Program Fraud and False or Fraudulent Statements and Related Acts 21. Termination 22. Government -wide Debarment and Suspension (Nonprocurement) 23. Privacy Act SELECTION DELETED 24. Civil Rights Requirements 25. `' : • • : - SELECTION DELETED 26. Patent and Rights in Data SELECTION DELETED 27. Transit Employee Protective Agreement) SELECTION DELETED 28. Disadvantaged Business Enterprises (DBE) 29. State and Local Law Disclaimer 30. Incorporation of Federal Transit Administration (FTA) Terms 31. ` • • : ' - SELECTION DELETED 1111'-P Run -Cutting Software for Transit — Attachment E Page 1 of 17 SELECTION • 6. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 49 CFR Part 18 Applicability to Contracts The Energy Conservation requirements are applicable to all contracts. Flow Down The Energy Conservation requirements extend to all third party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Model Clause/Language No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA: Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. • 10. LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts. Flow Down The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Mandatory Clause/Language Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Lobbying Certification and Disclosure of Lobbying Activities for third party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) •1-P Run -Cutting Software for Transit — Attachment E Page 2 of 17 • - Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Modifications have been made to the Lobbying Certification pursuant to Section 10 of the Lobbying Disclosure Act of 1995. - Use of "Disclosure of Lobbying Activities," Standard Form -LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti -Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on itsbehalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. iv.Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20 --CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form --LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been •-P Run -Cutting Software for Transit — Attachment E Page 3 of 17 • modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, etseq.)] (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. § 1352(c)(1) -(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.] The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. Signature of Contractor's Authorized Official • Name and Title of Contractor's Authorized Official Date 11. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Applicability to Contracts Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Flow Down FTA does not require the inclusion of these requirements in subcontracts. Model Clause/Language The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: •-P Run -Cutting Software for Transit — Attachment E Page 4 of 17 • 1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. 2. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $100,000. 3. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees likovide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly orized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 4. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. 5. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. 6. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). 7. FTA does not require the inclusion of these requirements in subcontracts. •-P Run -Cutting Software for Transit — Attachment E Page 5 of 17 • Requirements for Access to Records and Reports by Types of Contract 0ources of Authority: 149 USC 5325 (a) 2 49 CFR 633.17 318 CFR 18.36 (i) Contract Characteristics Operational Service Contract Turnkey Construction Architectural Engineering Acquisition of Rolling Stock Professional Services I State Grantees a. Contracts below SAT None Those imposed on state pass thru to None None None None ($100,000) None Contractor Yes, if non- None unless None unless None unless unless non- competitive non- non- non - b. Contracts competitive award or if competitive competitive competitive above award funded thru2 award award award $100,000/Capital 5307/5309/53 Projects 11 II Non State Grantees Those imposed a. Contracts Yes3 on non -state Grantee pass Yes Yes Yes Yes below SAT Yes3 thru to Yes Yes Yes Yes ($100,000) b. Contracts above Contractor $100,000/Capital Projects 12. FEDERAL CHANGES 49 CFR Part 18 Applicability to Contracts The Federal Changes requirement applies to all contracts. Flow Down The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/Language No specific language is mandated. The following language has been developed by FTA. Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 407-P Run -Cutting Software for Transit — Attachment E Page 6 of 17 • 18. 1 RESERVED 1 19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicability to Contracts Applicable to all contracts. Flow Down Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. Model Clause/Language While no specific language is required, FTA has developed the following language. No Obligation by the Federal Government. (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal alernment in or approval of the solicitation or award of the underlying contract, absent the express written ent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 Applicability to Contracts These requirements are applicable to all contracts. Flow Down These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. •-P Run -Cutting Software for Transit — Attachment E Page 7 of 17 • Model Clause/Language These requirements have no specified language, so FTA proffers the following language. Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et semc . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. illkhe Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 21. TERMINATION 49 U.S.C. Part 18 FTA Circular 4220.1E Applicability to Contracts All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Flow Down The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. •-P Run -Cutting Software for Transit — Attachment E Page 8 of 17 • Model Clause/Language FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the ipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written 4 Lice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract -P Run -Cutting Software for Transit — Attachment E Page 9 of 17 • is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. g. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. is contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon irection of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. 411107-P Run -Cutting Software for Transit — Attachment E Page 10 of 17 • The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if - 1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Oenation specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the tractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. j. Termination for Convenience of Default (Cost -Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the 4107 ecipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, P Run -Cutting Software for Transit — Attachment E Page 11 of 17 • if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 22. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government -wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355, 108 Stat. 3327). provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as "covered transactions." Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300. Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels). Clause Language The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification. •7-P Run -Cutting Software for Transit — Attachment E Page 12 of 17 • Suspension and Debarment • This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by {insert agency name}. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to {insert agency name}, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 24. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Applicability to Contracts The Civil Rights Requirements apply to all contracts. Flow Down The Civil Rights requirements flow down to all third party contractors and their contracts at every tier. Model Clause/Language The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shortened the lengthy text. Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the ericans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the -P Run -Cutting Software for Transit — Attachment E Page 13 of 17 • Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et sec ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing irements FTA may issue. IFAge - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 28. DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 26 Background and Applicability The newest version on the Department of Transportation's Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, 07-P Run -Cutting Software for Transit — Attachment E Page 14 of 17 • requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not. The DBE program applies to all DOT -assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro -purchase level. The requirements of clause subsection b flow down to subcontracts. A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d. Clause Language The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established. Disadvantaged Business Enterprises his contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is _ %. A separate contract goal [of _ % DBE participation has] [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as {insert agency name} deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)). c. {If a separate contract goal has been established, use the following] Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]: 1. The names and addresses of DBE firms that will participate in this contract; ikA description of the work each DBE will perform; -P Run -Cutting Software for Transit — Attachment E Page 15 of 17 • 3. The dollar amount of the participation of each DBE firm participating; 4. Written documentation of the bidder/offeror's commitment to use a DBE subcontractor whose participation it submits to meet the contract goal; 5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment; and 6. If the contract goal is not met, evidence of good faith efforts to do so. [Bidders] [Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). {If no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor's receipt of payment for that work from the {insert agency name}. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the ontractor's work related to this contract is satisfactorily completed.] [is required to return any inage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor's work by the {insert agency name} and contractor's receipt of the partial retainage payment related to the subcontractor's work.] e. The contractor must promptly notify {insert agency name}, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of {insert agency name}. 29. STATE AND LOCAL LAW DISCLAIMER Applicability to Contract This disclaimer applies to all contracts. Flow Down The Disclaimer has unlimited flow down. 411,-P Run -Cutting Software for Transit — Attachment E Page 16 of 17 • Clause/Language State and Local Law Disclaimer — The use of many of the suggested clauses are not governed by Federal law, but are significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the grantees procurement documents, the grantees should consult with their local attorney. 30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.1E Applicability to Contracts The incorporation of FTA terms applies to all contracts. Flow Down The incorporation of FTA terms has unlimited flow down. Model Clause/Language FTA has developed the following incorporation of terms language: Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, ieiiain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding ract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are reby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 47-P Run -Cutting Software for Transit — Attachment E Page 17 of 17 i • Summary of Proposal I I I I I I I 0 I I I I I I 1 1 6 I Our proposal to the City is straight -forward: Acquire and receive training on the software with an implementation goal spanning one calendar week. This is our standard implementation model. I I I I I I I I I I I I I I I I I I 0 Required Certifications • NON -COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. • 1 1 1 1 1 1 1 1 I� 1 • • SIGNATURE SHEET Request for Proposals No. 11337-P Run -Cutting Software For City of Yakima Transit The bidder is hereby advised that by signing this signature sheet he/she is deemed to have acknowledged all requirements contained herein. PROMPT PAYMENT DISCOUNT TERMS OFFERED 1% 10 net 30 **Receipt is hereby acknowledged of addendum(s) No. (s) 1, 2 & 3 SIGNATURE OF AUTHORIZED OFFICIAL(S) Schedule Masters, Inc. Firm Name 200 — 5A Conestoga Drive Brampton, Ontario Canada L6Z4N5 Address David Reed November 12, 2013 (905) 495-5402 — Phone (905) 495-5404 — Fax d.reed@themasterscheduler.com • 1 • ATTACHMENT B Exhibit A Federal Certifications and Assurances It is hereby understood that this application and attachments hereto, when approved and signed by all concerned parties as indicated, shall constitute an agreement by and between the applicant organization to perform in accordance with the terms of this application and attachments, taken as a whole. This agreement is based on guidelines found in the Common Rule, the Office of Management and Budget (OMB) Circular A-102, in order to standardize and simplify federal grants. 1) REPORTS — The CONTRACTOR shall submit quarterly reports, a final report at end of the project, and submit speaal reports as outlined in the Project Agreement. 2) COPYRIGHTS, PUBLICATIONS, AND PATENTS — Where activities supported by this project produce original copyright material, the CONTRACTOR may copyright such, but the WTSC reserves nonexdusive and irrevocable license to reproduce, publish, and use such materials and to authorize others to do so. The CONTRACTOR may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by the National Highway Traffic Safety Administration (NHTSA) and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other action required to protect the public interest. 3) TERMINATION — This project agreement may be terminated or fund payments discontinued or reduced by WTSC at any time upon written notice to the CONTRACTOR due to non-availability of funds, failure of the CONTRACTOR to accomplish any of the terms herein, or from any change in the scope or timing of the project. 4) FISCAL RECORDS — Complete and detailed accounting records will be maintained by the CONTRACTOR of all costs incurred on this project, including documentation of all purchases of supplies, equipment, and services; travel expenses; payrolls; and time records of any person employed part-time on this project. Federal, state, or WTSC auditors shall have access to any records of the CONTRACTOR. These records shall be retained for three years after the final audit is completed or longer, if necessary, until all questions are resolved. 5) FUNDING — The CONTRACTOR will utilize funds provided to supplement and not to supplant state and local funds otherwise available for these purposes. Funds are to be expended only for purposes and activities approved in the project agreement. Reimbursement will be made periodically by WTSC based on approved requests for reimbursement. If matching funds are required, the CONTRACTOR will expend them from nonfederal sources, which must be spent not later than 30 days following the completion of the project. 6) COST PRINCIPLES AND GRANT MANAGEMENT — The allowability of costs incurred and the management of • I • • this project shall be determined in accordance with OMB 2 CFR Part 225 and 49 CFR Part 18 for state and local agencies, OMB Circulars A-21 and A-110 for educational institutions, and OMB Circular A-122 for nonprofit entities. 7) OBLIGATION FUNDS — Federal funds may not be obligated prior to the effective date or subsequent to the termination date of the project period. Requests for reimbursement outstanding at the termination date of the project must be made within 30 days or those funds may not be paid. 8) CHANGES — The CONTRACTOR must obtain prior written approval from the WTSC for major project changes including: changes of substance in project objectives, evaluation, activities, the project manager, key personnel, or project budget. The period of performance of the project, however, cannot be changed. 9) INCOME — Income earned by the CONTRACTOR with respect to the conduct of the project (sale of publications, registration fees, service charges, etc.) must be accounted for and income applied to project purposes or used to reduce project costs. 10) BUY AMERICA ACT — The CONTRACTOR will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)) which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably available and of a satisfactory quality; or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. 11) PURCHASES — Purchase of equipment or services must comply with state or local regulations. After the end of the project period, equipment should continue to be utilized for traffic safety purposes and cannot be disposed of without written approval of the WTSC. The CONTRACTOR shall make and maintain an inventory of equipment to include descriptions, serial numbers, locations, costs or other identifying information, and submit a copy to the WTSC. 12) Third Party Participants — No contracts or agreements may be entered into by the CONTRACTOR related to this project, which are not incorporated into the project agreement and approved in advance by the WTSC The CONTRACTOR will retain ultimate control and responsibility for the project. WTSC shall be provided with a copy of all contracts and agreements entered into by the CONTRACTOR. Any contract or agreement must allow for the greatest practical competition and evidence of such competition or justification for a negotiated contract or agreement shall be provided to the WTSC. 13) PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES — The CONTRACTOR agrees to take all necessary and reasonable steps in accordance with Title 49, CFR, Subtitle A, Part 26 to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. The CONTRACTOR shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any subcontracts financed in whole or in part with federal funds. 14) AMERICANS WITH DISABILITIES ACT — In the performance of this agreement, the CONTRACTOR shall comply with the provisions of Title VI of Civil Rights Act of 1964 42 USC 200d, Section 504 of the Rehabilitation Act of 1973 29 USC 794 Chapter 49 60 RCW, and the Americans with Disabilities Act (42 USC § 12101, et seq.; PL 101-336), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27). The • I • t • CONTRACTOR shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam -Era and Disabled Veterans status, or the presence of any sensory, mental, or physical handicap in any terms and conditions of employment to induce taking affirmative action necessary to accomplish the objectives of this Act and denying an individual the opportunity to participate in any program provided by this agreement through the provisions of services, or otherwise afforded others. 15) POLITICAL ACTIVITIES - No funds, materials, equipment, or services provided in this project agreement shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or to pay any person to influence or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal loan or the entering in of any cooperative agreements. 16) CERTIFICATION REGARDING FEDERAL LOBBYING - Certification for Contracts, Grants, Loans, and Cooperative Agreements. The undersigned certifies, to the best of his or her knowledge and belief, that: 1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, sub -grants, and contracts under grant, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 17) SINGLE AUDIT - State and local governments and nonprofit organizations that receive federal assistance are subject to the audit requirements of OMB Circular A-133. 18) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT - The CONTRACTOR will report for each grant awarded: • Name of the entity receiving the award; • Amount of the award; • Information on the award including transaction type, funding agency, the North American Industry • • Classification System code or Catalog of Federal Domestic Assistance number (where applicable), program source; • Location of the entity receiving the award and the primary location of performance under the award, including the city, State, congressional district, and country; and an award title descriptive of the purpose of each funding action; • A unique identifier (DUNS); • The names and total compensation of the five most highly compensated officers of the entity if - of the entity receiving the award and of the parent entity of the recipient, should the entity be owned by another entity; (i) The entity in the preceding fiscal year received— (I) 80 percent or more of its annual gross revenues in Federal awards; and (II) $25,000,000 or more in annual gross revenues from Federal awards; and (ii) the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986; • Other relevant information specified by the Office of Management and Budget in subsequent guidance or regulation. 19) SEAT BELT POLICY – No funds, materials, property, or services will be provided to any political subdivision that does not have a current and actively enforced policy requiring the use of seat belts. 20) POLICY TO BAN TEXT MESSAGING WHILE DRIVING – The CONTRACTOR are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving including policies to ban text messaging while driving. 21) DRUG FREE WORKPLACE – In accordance with the Anti -Drug Act of 1988 41 USC 702-707 and Drug Free Workplace 42 USC 12644, WTSC has the responsibility to ensure that unlawful manufacture, distribution, dispensing, possession or use of a controlled substance by any employees, grantees, and/or sub -grantees of the CONTRACTOR and/or any such activity is prohibited in the CONTRACTOR's workplace. 22) DEBARMENT AND SUSPENSION – The applicant certifies, by signature below, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. • I I I • i Project Understanding I I I I 0 I I I I I I I I I • It has been our experience that most North American Transit Agencies require some form of scheduling software once they reach between twenty and twenty-five fixed - route buses. Attempting to schedule and runcut manually or via Excel should no longer be an option. Further, the creation of paddles and GTFS downloads manually is simply too time-consuming to be viable. The introduction of technology into the scheduling department has eased somewhat over the years as more and more "smaller" properties have utilized Excel and other in- house based applications to perform the scheduling task. In the not -too -distant past, the job was pen and paper. Maintaining schedules in Excel is one thing. Actually attempting a runcut or roster in that environment is something else altogether. The number of possibilities in a runcut increases exponentially with additional service. A manual runcut may "get the job done" but any efficiencies are quickly and clearly lost in the complexity of the exercise. Testing "what -if" scenarios becomes impossible due to time constraints. It is our understanding that The City wishes not only to increase the reliability and consistency of the scheduling process, but wishes to feed other systems and agencies with that data as well. This is simply un -doable in The City's current environment. It is our understanding that The City requires an established, easy-to-use software solution for its operation. I I I I • I I I I I I 0 I I I I I I I I I • Approach and Management Plan The Technical Project Manager for this implementation is David Reed. The Administrative Project Manager is Lori Johnston. Mr. Reed will conduct the training of the base "The Master Scheduler" (TMS) system with assistance from either Kevin Thibeault or Christopher Reed. Ms. Johnston will conduct the training on the Daily Operations/Dispatch (DailyOps) module with assistance from Mr. [David] Reed. Project - specific resumes for all appear at the end of this proposal. We have examined the Hardware and Environment section of the RFP (9.1) and hereby certify compliance and experience with all the platforms listed. Our project schedule appears below. We take a somewhat unique approach to training in that the students actively participate in the construction of the schedule database. At the end of the first week-long training session, the data is complete up to and including the roster. An optional second week-long session is devoted to the Dispatchers and the DailyOps module and to follow-up training with the Schedulers. Day Tasks 1 Base system: Introduction, Manoeuvring through the system, Database overview Hands-on development of the Directions, Routes, Services, Jurisdictions, Divisions, and Nodes Tables and import of the stop data file Primary and Secondary station installation and Network Configuration 2 Review (Each day starts with a review of previously -covered material) Patterns and Connection Times Table data development Comments, Bus Types, and Trips Table data development 3 Data verification and Blocking 4 Data verification and Runcutting 5 Drivers file import Data verification and Rostering I I I I I I • I I I I 0 I I 1 I I I I I I • and for the second week, Day Tasks 1 DailyOps: Introduction, Manoeuvring through the system, Data Loading 2 DailyOps: Practical Session / Train the Trainer, Data Loading 3 DailyOps: Practical Session / Train the Trainer DailyOps: Operational Rules entry and verification TMS: Optimal Blocking, Runcutting, and Rostering 4 DailyOps: Practical Session / Trainers Train the Trainees TMS: Optimal Blocking, Runcutting, and Rostering 5 DailyOps: Practical Session / Trainers Train the Trainees IT: Web -based Trip Planning IT: System Configuration The two weeks should not be contiguous. All sessions should be held at The City's facilities. We ask the reader to further note that DailyOps is an option to this proposal. Aside from any additional The City staff input, our Operational Review and Requirements Analysis is essentially complete. The functional requirements of the system — as described in the RFP — will be met "out of the box" without any programming intervention. With Staff consultation, we may alter the Crystal Reports templates we have that are used for the paddles and schedule sheets, but in the end, Staff may prefer our formats. The City is not unlike the hundred -odd Agencies we have installed or made operational on TMS. For the base TMS system, Staff training is "hands-on" in groups of two or four. Students are taken through database construction from the top down as they develop patterns, running times, trips, blocks, and the runcut and roster. The initial schedules are developed in this manner in order to replicate the existing solution. We can determine, in the blocking process, if any trips have been missed. During the runcut, we double- check the blocks and establish all the contract parameters. When those parameters are entered, all the runs cost -out identically to the manual solution. We know then that the optimal routines are ready for input. Prior to that, though, we take it to the rostering stage to determine completeness of the imported drivers list and the roster itself. If it I I I I I I I I I 1 • I I • I I I I 1 I I • becomes apparent that loading schedule data is of no real service to the learning curve (this happens occasionally) we will have Mr. Thibeault "auto -load" the system with the schedule data. We normally use this approach to construct the data model when we're performing a "rent -a -scheduler" job. During the second (typically non -adjacent) week of training, DailyOps is the center of attention. During this time, Ms. Johnston will ask the "top" two or three dispatchers to input the previous day's activities into the system. This typically involves bus assignment, the recording of absences, and the assignment of "open" work. This process lasts for three days. On the fourth and fifth days, those "top" Dispatchers are asked to lead two morning and afternoon sessions for the remainder of the Dispatch staff. Ms. Johnston supervises the process in order to ensure the "train the trainer" approach was successful. During the first two days of DailyOps training, Mr. Reed will record and implement the "reason" database for DailyOps. This particular database is in Microsoft Access, and records reasons for absences, extra time that might be given to drivers, discipline categories and actions, reasons a bus might be swapped out, stop characteristics, and other static text fields particular to CAT. During days three and four, Mr. Reed will revisit the base TMS system with the schedulers in order to train them on the use of the optimal blocker and the three optimal runcutters contained within the software. Further, the schedulers will be trained on the most effective use of the rostering component of the system. On Day five, Mr. Reed will need to meet with technical (IT) staff in order to brief them on the environment under which the system operates as well as how to configure the web - based trip planner for use at CAT. The briefing task may appear to be "backward" to the implementation, but it serves its purpose in allowing a retrospective analysis of how the system was installed. All that's needed for initial installation is a permanent drive mapping and rights into a specific folder on a network drive. I • I Experience I In each of the Agencies quoted later in our reference list, David Reed was the Technical Project Manager and Lori Johnston was the Administrative Project Manager. Mr. Reed and Ms. Johnston performed the same training and installation functions as proposed Iearlier in this document. Christopher Reed assisted with the base system installation at LexTran. I I I I 1• I I I I I I I 1 0 t 1 1 1 1 I • 1 1• 1 1 1 1 1 1 1 1• 1 D TECHNICAL SPECIFICATIONS/SYSTEM REQUIREMENTS: In your Proposal, please respond to the following, regarding the functionality of your software system. Resoonses must be numbered and addressed in the exact sequence as shown below. If the system performs above and beyond what is being asked, don't hesitate to include additional performance features: A. Business Information: 1. Company Name and Address Schedule Masters, Inc. 200 — 5A Conestoga Drive, Brampton, Ontario Canada L6Z4N5 2. Contact Information - Name, Phone, Fax, E-mail for the following: a. Officer/Principal David Reed Phone: (905) 495-5402 Fax: (905) 495-5404 d.reed(d themasterscheduler.com b. Sales Lori Johnston Phone: (905) 495-5402 Fax: (905) 495-5404 I.ioh nstonathemastersched u ler.com c. Support Edward Sitarski Phone: (905) 495-5402 Fax: (905) 495-5404 e.sitarskiethemastersched u ler.com 3. Local/Regional Office Address None. 4. Year and Location Incorporated 1991, Brampton (Ontario, Canada) 5. Number of Installations 106 6. Number of Installations in Similar Size Agencies (20-50 peak vehicles) 22 7. Number of Employees 4 Full-time, 2 Part-time, 5 Casual • I • 1 1 • 8. Size of Support Staff 3 B. General Product Information: 1. Name of Product The Master Scheduler 2. Modules Included in Proposal Base System Mapping Modules 3. Options Daily Operations / Dispatch 4. Year of Product Introduction Base System -1991 Mapping Modules -2008 Daily Operations / Dispatch - 2005 5. Frequency of Major Release Upgrades Twice yearly or as required 6. Most Recent Upgrade October 31, 2013 7. Product Warranty Information Please see the CD for a sample License Agreement C. References: Provide at least five (5) references of users of the system (or comparable system) including: 1. Company and Address 2. Contact Name, Phone, and E-mail 3. Year of Implementation 4. Number of Peak Hour Vehicles 5. Description of products/services provided and any major variations. Company and Address Contact Details Year Peak Products Santa Rosa CityBus 45 Stony Point Road Santa Rosa, CA 95401 Steve Roraus (707) 543-3333 SRorausPsrcity.orq 2007 23 Base TMS DailyOps Trip Planner Mapping Utilities 1 I I I is I I 1 I 1 0 I 1 I 1 I I I I 1 • GBTA One Cross Street Bridgeport, CT 06610 Doug Holcomb (203) 366-7070 DHolcomb@gogbt.com 2007 36 Base TMS DailyOps Trip Planner Mapping Utilities LexTran 109 West Loudon Avenue Lexington, KY 40508 Cliff Kuhl (502) 561-5131 (859) 255-7756 cKuhl@lextran.com 2010 46 Base TMS DailyOps Mapping Utilities 1TP/The Rapid 333 Wealthy St SW Grand Rapids, MI 49503-4018 James Bunn (616) 774-1207 JBunn@ridetherapid.oro 1999 113 Base TMS DailyOps Trip Planner Mapping Utilities Everett Transit 3200 Cedar Street Everett, WA 98201 Tom Hingson (425) 257-7777 Thingson@ci.everett.wa.us 2001 31 Base TMS Mapping Utilities D. General Requirements: 1. Describe the system architecture, including the following: a. Operating System Requirements (MS Windows, etc.) Windows XP, Windows 7, Windows 8 b. Programming Language(s) C, C++ c. Format of the database. Is the system ODBC compliant? Relational ISAM under PSQL 11. Yes. d. Server requirements, memory, storage, operating system, etc. In general terms, there are no special requirements in order to effectively run TMS in a server -based environment. The TMS database is "small -footprint" and takes, roughly 2Mb of disk space per bid period. Whatever the current hardware platforms are, we will defer to Microsoft's recommendations, as per httD //technet,microsoft,com/en- us/windo wsserver/bb430827, asvx e. Workstation hardware, operating system, configuration, communications, and memory requirements. As with the server, there are no special workstation requirements other than: a minimum of 2Gb of memory, a decently -sized (19" or greater) screen capable of a resolution of 1280 x 800, 100Mb (or better) network connectivity, and internet/email access. f. Does the system support a Windows interface? If so, what versions are supported? Yes. Windows XP, Windows 7, Windows 8 2. Does the system have a report writer feature? If yes, please answer the following: Yes. a. Are the reports customizable? Yes. Report templates and content are customizable in most cases b. Does the report use Windows Print Manager and/or have print queue management functions? Yes. c. Is the report writer an integrated component of the software or a third -party product? If the latter, include information on the product and its manufacturer. Yes. Crystal Reports XI; SAP. d. Please provide samples of all standard reports available via the software system and/or the report writer. Please see the CD included with this response to the RFP. 3. Describe the system's capability to integrate data with Microsoft Office products (Word, Excel, and Access). Our software is primarily capable of "Copy from TMS, Paste to MS Office". There are exceptions, though, in the text -based sections of the database. In these case, "Copy from MS Office, Paste to TMS" is supported. 4. Does your system integrate with Geographic Information Systems (GIS)? If so, describe which GIS systems are compatible and if data is directly importable or requires an import/export process Yes. We continue to support an interface to MapInfo, although this has fallen into disuse by most of our client base. They now favor Google Maps, the platform on which our mapping utilities are now predicated upon. 5. Describe system security features. a. Does the system provide for control over user access to specific screens and fields within such screens? Yes to specific screens, no to specific fields within those screens. b Does the system provide for control over user access to specific commands and functions? Yes. c. Does the system provide for control over user rights to view, add, modify, or delete specific data elements and records? Yes. 6. Describe on-line help: Standard Microsoft help, under Winhelp32. a. Does the system include a graphic user interface with hypertext functions? Yes. b. Does the on-line help system allow the user to search by keyword or through browsing? Both. c. Does the system provide context -sensitive on-line help for system commands, menus, screens, and options? Yes. 7. Written Documentation - Proposers shall submit a full and complete set of system and user documentation, including the database schema(s) Please see the CD included with this response to the RFP. a. Functional Requirements: 1). General a). Describe the manner in which data is stored in an integrated schedule database such that data integrity is ensured and that changes are reflected throughout the system. The data is maintained in a relational model. Data elements are recorded only once and then "referred to". Orphan data elements (i.e. those that are not pointed to) are not permitted in the model and are deleted when no longer referred to. b). Does the system allow for the modification of records by multiple users simultaneously? No. Record level locking is in place. Users may modify the contents of the same table at the same time, but not the same record. c) Does the system provide the ability to identify and highlight invalid run -cutting times, routings, timepoints, and trips prior to the run -cutting function? Yes. The blocks table contains this (highlighted) information and the runcutter will not set up properly when these violations occur. The user is notified of the specific problem(s) and told to rectify it/them before proceeding. d). Does the system accommodate the use of specific vehicle types on a trip, block, route, and time -of -day basis? Yes. e). Can the system restrict the interlining of routes and trips between routes? Yes. t • • 2). Timepoint Features a). Describe how timepoints are linked together into patterns, trips, routes, and attributes available in the route definition. Timepoints reside in a central location — the Nodes/Stops Table. This table is drawn from when developing route patterns. Trips are built based upon patterns. Timepoint attributes are maintained at the record level in the Nodes/Stops Table. b). List attributes that may be defined for each timepoint (name, maximum vehicle capacity, ADA compliant, etc.). Please include field lengths for text fields such as name, etc. Exclusive of name, description, intersection, and latitude and longitude, up to thirty attributes may be defined for each timepoint in the system. These attributes are established in a user -customizable Access Database that is referred to upon system startup. Text field lengths may be found in the database schema included on the accompanying CD. c). Does the system allow timepoints to be added, deleted, or modified even where scheduled trips already exist? If yes, will such changes cause scheduled trips to be updated, either automatically or upon users' command? Yes. Scheduled trips are automatically updated. d). Definition of running time between points (1) Does the system provide for running time between two points to be edited by direction, time of day, day of week? Yes. (2) Can running time between a timepoint pair be used as a system -wide default for all routes traveling between the two given timepoints at any time of day? Yes. e). Can the system differentiate two or more paths between a given timepoint pair and maintain different running times? Yes, by referring to the route, service, and/or pattern on which the pair resides. Can the system copy one route into another route and allow editing? Yes. Can the system support hand-held geocode devices to input and maintain the mapping database? If so, what devices are supported? Yes, indirectly. Any device that can create a flat file can have its data imported into the TMS database. We suggest, though, that our users use the interactive mapping utilities to (re)position stops at the desktop level, rather than going out onto the street to do so. fl. g). • • 3). Building Trips and Routes a) Describe the process of entering schedule data associated with trips and routes. Please attach print screens for developing the schedule based on the defined timepoints and patterns. Schedule data is entered at several levels into the system. First, timepoints and stops must be defined. Secondly, those timepoints and stops must be incorporated into patterns. This occurs at the route, service, and direction level. Next, times between the timepoints must be entered into the Connection Times table. Times between stops do not have to be entered, as the system automatically interpolates them when geographical data is present. Finally, trips are constructed on the Trips Tables, again at the route, service, and direction level. A time specific to a "control point" on the pattern is entered, and the system automatically generates the rest of the trip. Print screens of this process may be found in the "Tables" and "Trips and Blocks" manuals included on the CD accompanying this proposal. b). Are the following attributes available for each trip? (1) Vehicle type Yes. (2) Pull -in and pull-out times Yes, assuming the trip in question pulls in and/or out. (3) Block number, route, and direction of previous/sub sequent trip on the block. Yes. c). Does the system allow customized views for data entry and inquiries? Describe. Data entry, no. This occurs in preconfigured dialog boxes and is the source for error -checking in the system. Inquiries/views, yes; the user is permitted to modify table sorting and column content and alignment. d). In the case where the user overrides or changes one or more (but not all) default running times for an individual trip, can the user specify that the trip be regenerated: (1) Forward from a timepoint pair? (2) Backward from a timepoint pair? (3) In both directions from a timepoint pair? No. Trip regeneration is a dated concept found in most older systems. In TMS, trip regeneration never occurs as the system always presents the most up-to-date information to the user. Therefore, and visually, the trip is shown as completely updated after a running time or pattern modification. If the user wants to • • update individual portions of a trip they certainly may, but only by entering or updating data at the pattern or running time level, and not by direct entry onto the trip. Over the years, we've noticed that updating trips in this manner tends to result in forgotten changes that are then perpetuated into subsequent schedules. When modifications are made at the running time level, those changes reside in the table with the rest of the timepoint-to-timepoint times and are immediately available for future reference. e). Can the system wam the user if more than one vehicle arrives at a specific timepoint within a certain amount of time? Can the user set a limit on the number of vehicles allowed at once at a given timepoint? (For example, at transit centers, there is a constraint on the number of buses that can be accommodated at any one time.) Yes, but not "on the fly". This is a post -"trip building" step that is checked at the blocking level, as it's only then that the duration of the layover is known. (At least for trips that end at that particular location) 4). Block Building Requirements a) How does the system automatically block trips into optimized vehicle assignments such that the number of coaches and platform hours are minimized given vehide attribute and layover requirements? Describe. The mathematics behind the optimal blocker in TMS are described in a white paper accompanying this proposal on the CD. b). Can the user specify a timepoint at which a layover must occur? Yes — this is the end of the trip. If a mid -trip layover is required and the exact amount of that layover is unknown, then the trip can be split. c). For a route trip or set of trips, can the user specify layover requirements for minimum and maximum length, a percentage of running time, or a combination? Yes. d). Can the user specify penalties for deadheading and interlining? No. These penalties are built-in to the optimization routines. The user may, however, choose whether or not to turn on these capabilities. e). Can the user exclude one or more trips from blocking (i.e., manually block certain trips and have the system block the remaining trips)? Yes. f). During manual blocking, can the system warn the user if certain parameters such as layover time, etc., are not met? Yes. I I I I I I I I • I I 0 I I I I I I I I I • g). Can the user manually override vehicle assignments that result from automatic blocking? Yes. h). While blocking, can the system report platform, deadhead, and revenue miles by block, route, time periods, or service days? Yes to all. i). How are route/run numbers assigned by the system during the blocking process? Sequentially, based upon the highest number already present in the system. The user has the ability to renumber after the process is complete. 5). Run -Cutting a). How does the system automatically cut vehicle assignments into optimized operator assignments or runs such that overall costs are minimized given union contract rules, pay rates, work rules, and management requirements? There are three automatic/optimal runcutters within TMS. Each is described in the white papers that appear on the CD accompanying this proposal. b) Can the user manually cut certain vehicle assignments and have the system generate the remaining assignments? Yes. c). After the system has generated a run cut, can the user override certain vehicle assignments and regenerate the remaining assignments automatically? Yes. d). While run -cutting, can the system use certain timepoints identified by the user as relief points between operator assignments and automatically build the travel time into the assignments? Yes. e). Can the user identify the mode of travel to be used to and from relief points, (i e. bus, car)? Yes. f). Does the system allow for scheduling and driver assignment for travel to/from the garage or other relief points, induding incorporating travel time into labor efficiency reports? Yes. g). Does the system accommodate driver lunch breaks, including minimum time from shift start, minimum time from end of shift and minimum and maximum duration? Yes. fb 1 1 1� 1 1 1 1 1 1 1 1� 1 h). Does the system allow for varying report times according to the mode of travel from base to first revenue point? Yes. i). Does the system allow definition of report time according to vehicle assignment (i.e., vehicle checkout time, sign -in time, etc.)? Yes. j). When run -cutting is completed, can the user query/view runs and their associated attributes, such as type, cost measures, vehicle assignment, sort runs in the view? Yes. 6). Scheduling, Generation of Operator Bid Documents a). After run -cutting is complete, does the system generate an operator -friendly schedule for assignments? Vehicle block numbers, equipment type, operator report time(s) and off- time(s) and locations, overtime, and travel time should all be included. Please attach copies of sample documents. Yes. There are four different paddles included as part of the standard reports in the system. Samples may be seen with the rest of the reports on the CD accompanying this proposal. b) Describe available methods for customizing system reports. In order to perform this function, a copy of Crystal Reports XI Developer (or above) must be acquired. According to the Crystal Reports Store (online at http://www.crvstalreports.com), this product is available for $595.00. c). Does the system allow for inclusion in driver assignment sheet comments attached to timepoints and timepoint pairs? Yes. d) Can the system perform "what -if" analysis for work assignments based on varying work rules and regulations? Yes. The user has full control over the work rules and regulations. Nothing is hard -coded into the program. 7). System Handling of Specific YT Bid Assignment Types a) Describe the capabilities of the system to handle these and other run types, including four-day, then -hour work weeks. (1) Operators work either five eight-hour days with two days off in seven or four ten-hour days with 3 days off in seven. Days off are not joined during the run cut but are picked by the operators on a seniority basis and need not be consecutive. This occurs in the TMS "Bidding Module", built into the system. (2) Straight Runs — A certain percent of all runs must be straight runs. This occurs during the runcut. (3) Split runs — A certain percent of all runs may be split runs. Split runs may not be 10 -hour runs. Split runs that do not go beyond eleven hours will have a minimum of one hour at time and one half. Splits runs that go beyond eleven hours shall be paid time and one half for all work beyond the eleventh hour (starting at 11:01) This is not in addition to any overtime the run may have. All split runs that go beyond the eleventh hour will have a minimum of 7:30 hours of Regular (straight time) pay. This all occurs in the runcut, or, at least, in the setup prior to cutting the runs. All are standard parameters into the system and all are described in the "Runs and Runcutting Guide" accompanying this proposal on the CD. (4) All runs are paid from sign on until the driver is back to the property. This is part of the standard setup. (5) All runs pay a minimum of eight hours if five eights are selected or ten hours if four tens are selected. This is part of the standard setup. (6) Operators are paid time and one half after eight or ten hours in a day (depending on whether they work five eights or four tens). This is part of the standard setup. (7) Relief runs are picked from shifts left when a regular driver has taken weekdays off Relief operators may or may not have a Saturday or Sunday run, depending on their choice of days off. This situation filters out in the cafeteria -style bidding process. (8) There are part time operators. This is part of the standard setup. (9) All pieces of work pay a minimum of 2 hours. This is part of the standard setup. 8). Constraints for Scheduling Due to Operating Policies and Union Contract a) Numerous constraints and limitations are imposed on the scheduling and run - cuffing processes by existing operating policies and the union contract. These provisions and limitations include, but are not limited to: minimum and maximum work times, spread times and spread premiums; report times; travel times; and overtime. Describe the general capabilities of the system to effectively address these issues. A copy of Yakima Transit's current agreement with the AFSCME Transit Union, Local #1122, is included with this RFP (Attachment D). There is nothing in the current agreement that is outside the bounds of the standard setup and/or procedures within the system. I I I I I I • I I I I 0 I I I I I I I I I • b. Training and Customer Support 1). On-site Training - Describe in detail, the proposed training elements that would be included in the initial procurement of the software system. Include in the description information regarding the number of training staff available, the number of hours of training, limits or restrictions on the number of personnel who may be trained, documentation and support provided, and other pertinent information. Day Tasks 1 Base system: Introduction, Maneuvering through the system, Database overview Hands-on development of the Directions, Routes, Services, Jurisdictions, Divisions, and Nodes Tables and import of the stop data file Primary and Secondary station installation and Network Configuration 2 Review (Each day starts with a review of previously -covered material) Patterns and Connection Times Table data development Comments, Bus Types, and Trips Table data development 3 Data verification and Blocking 4 Data verification and Runcutting 5 Drivers file import Data verification and Rostering We would prefer the number of personnel be kept to two or four and that it be (initially) restricted to those whose jobs functions encompass scheduling, runcutting, and rostering. We assume an eight-hour day for training. All students are provided with an electronic version of the documentation. 2) Follow-up Training - Describe options for additional training opportunities following installation Include information regarding additional on-site training and associated costs, off-site training availability, existence of user groups (including locations), and other training options. Additional training session descriptions are contained in the "Course Curriculum" document found on the CD accompanying this proposal. 3) Customer Support - Describe all relevant customer support options, including the following. a). Available support hours Support hours are Monday to Friday, 800A to 600P (Eastern). Extended support hours are available, typically at no charge. 1 I I 1 I 1 1 • I I I I 1 1 1 t b). Policies regarding after-hours support (if applicable) If after hours support is required, we ask only that we be given reasonable notice. c). System upgrade policies Support and updates are free for the first year. Support typically takes the form of email exchanges and updates are performed electronically. d). Availability of remote support and diagnostics by Proposer We are available for and have given such support in the past, but it's typically not required. e). Support for dial-up access for troubleshooting purposes We use "GoToMeeting" on the web for this purpose. GENE DATE (MWDEIY YY) Ac-cpm E CERTIFICATE OF LIABILITY INSURANCE Current Date THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Ia an DITION I URED, The p(lee) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, cartel/1 policies may require an endorsemenL A statement on thle certificate does not confer rights to the cerLlflcate holder in lieu of such endorseme a3. PRODUCER INSU CE AGENT ISSUING CERTIFI TE ADDRESS NSURE ENTITY INSURED DRESS ,a°AIN1rACTInsurance Agent. InfETrtTtation PHONE Ho E 11_ IL DRESS. J RER A URER1S1 AFFORDING cQVFNA&E NAIL• r better, admitted carrier 'SURER SURER NSURER E NSURER F. COVERAGES CERTIFICATE NUMBER REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THF POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER COCUmENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TTR LT TYPE OF INSURANCE , R au ®a POLICY NUMBER POLICY LFF ( } PAIOOF LICY EXP ( DtYYYY} LIMITS GENERAL X L ILI1Y COMMERCIAL GENERAL L AEILIIY POLICY ER start date top date EACH OCCURRENCE ,000 X00 DAMAGE TO REM ED PREMISES (Es } S 1.00,000 CLAIMS•MADE X OCCUR D EXP ( G } S S, 000 PNAz VINJURY $ 1, 000,000 GEN ACGRE TE $ 2,000,000 GEN•L AGGREGATE LIMIT APPLIES POLICY 1" I JE D PER L PRODUCTS - COMPIOP AGG S S A AUTOMOBILE x) LIABILITY ANYAUTO AUTOS OWNED HIRED AUTOS AUT NON Jilin/F. POLICY t a t date op date COMBINED SINGLE LIMIT {EH aeradent) S 1, 00 0, 000 B0 INJURY (Per per } S 840tLY INJURY (Per a ) S PROPERTY DAMAGE {Pc' accident) S UMBRELLA LLAB EXCESS LIAR OCCUR CLAIMS E EACH OCCU ENCE S AGGREGATE S DED RETENTI S S A WORKERS COMPENSATION AND EMPLOYERS'! ILD'r ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describeunder DESCRIPTION OF OPERATIONS be YtN NIA POLICY a t ER ,Stop Gap EL Only tart date stop date STATU- 10TH TORYLIM1TS ER E L. CH ACCIDENT $ 1., 00 0, 00 E L DISEASE - EA EMPLOYE S 1., 000 , 000 E L DIS SE - POLICY LIMIT S 1. , 000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES ( dh ACORD 101. Adddlonel Remarks Schedule ri more apace Is required) The City of Yakima and the County of Yakima, its agents, employees, authorized volunteers, elected and appointed officials are included as Primary/Non-Contributory additional insureds. See attached Additional Insured Endorsement. TIPICATE 1'0 ER CANCELLATION City of Yakima/County of Yakima Purchasing Department 129 N. 2nd Street Yakima, WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SIGNATURE © 1988-2010 ACORD CORPORATION All rights reserved. ACORD25(2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Yakima and the County of Yai a, its agents, employees, authorized volunteers, elected and appointed officials . e included as Primary/Non-Contributory additional insured's. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) A. Section II - Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to 'bodily injury° or 'property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work° out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG2010 1001 Copyright, Insurance Services Office Properties, Inc,, 2000 PROFESSIONAL LIABILITY A�C©R©0 1._J CERTIFICATE OF LIABILITY INSURANCE DATE (MW t) Date CurrentDate THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER INSURANCE AGENT ISSUING CERTIFICATE NAAMEECrInsurance Agent Information PHONE FAX C,No AA./,Erd): - (NC,No): L1 Ess: ADDRESS INSURER(5) AFFORDING COVERAGE NAICO NSURER AA -VII or better, admitted carrier LIABILITY COMMERCIAL GENERAL LIABILITY INSURED ENTITY INSURED ADDRESS INSURER 8 . INSURER C INSURER O I $ INSURER E . $ INSURER F : COVE GES CERTIFICATE NU BER: RE SI N NU ER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'QTR TYPE OF INSURANCE ASR wee POLICY NUMBER POLICY EFS (MM1DDrYYYY} POLICY EXP {MM/DOlYYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE— I $ PREMISE (RENTED PPREMISES(Ee occurrence) $ CLAIMS -MADE OCCUR MED EXP (Ary one person} $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE POLICY LIMIT APPLIES I PRO- JECT PER LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANYAUTO ALL OWNED AUTOS HIRED AUTOS — SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT {Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE $ DED RETENT ON $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below+ YIN """ NFA WCSTATU- TORY LIMITS #OTH- ER E L, EACH ACCIDENT $ E,L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ A Professional Liability Policy Number start date stop date $1,000,000 per claim $1,000,000 aggregate $ 5,000 deductible DESCRIPTION OF OPERATIONS ! LOCATIONS !VEHICLES (Attach ACORD 101 Addiliona! Remarks Schedule if more space is required} (If a claims made form is shown, you should receive a certificate of insurance for three years after job is completed). The City of Yakima and the County of Yakima usually cannot be named as additional insureds. CERTIFICATE HOLDER CANCELLATION City of Yakima/County of Yakima Purchasing Department 129 N. 2nd Street Yakima, WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SIGNATURE 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 2013- 2015 COLLECTIVE BARGAINING AGREEMENT Between City of Yakima, Washington and Council 2, Washington State Council of County and City Employees Local 1122 L Representing niformed Transit Employees American Federation of State County and Municipal Employees, AFL-CIO Effective January 1, 2013 through December 31, 2015 1.1 PREAMBLE This Agreement made and entered into by and between the City of Yakima, Washington, hereinafter called the Employer and Council 2, Washington State Council of County and City Employees, representing Local 1122, Bargaining Unit; Uniformed Transit Employees, of the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter called the Union WITNESSETH: WHEREAS, Chapter 41 56 of the Revised Code of Washington contemplates the execution of collecthe bargaining agreements between cities and unions representing government employees, the intent and purpose of such act being the promotion of the continued improvement of the relationship between public employers and their employees by providing a uniform basis for implementing the right of employees to join labor organizations of their own choosing and to be represented by such organizations matters concerning their employment relations with public employers, and WHE " AS, the parties to this agreement recognize that benefits accrue to Union employees of the City by virtue of union membership, and that the best interests of the citizens of the City of Yakima are served by the City's official recognition of the Union. NOW, THE FO' , pursuant to Chapter 41 56 of the Revised Code of Washington, and in accordance with the intent and purpose thereof, and for the purpose of promoting the morale, well being and security of the Union employees of the City, and for the purpose of promoting the general efficiency of the government of the City of Yakima, the parties hereto agree as follows ARTICLE 1- RECOGNITION OF UNION BARGAINING UNIT The City recognizes the Union as the exclusive bargaining representathe of the bargaining unit consisting of all permanent regular and Extra Board Transit Operators, Transit Dispatchers, Transit Service Workers, the Transit Project Planner, the Transit Route Supervisor, the Transit Office Assistant DA II, Transit Vehicle Cleaners, and the Marketing/Program Administrator 1.2 In accordance with RCW 41 56 050 through RCW 41 56 080, an application for certification as exclusive bargaining representative for an appropriate unit may be filed with the Public Employment Relations Commission during a period of not more than ninety (90) days nor less than sixty (60) days prior to the expiration date of this agreement. AFSCME Local 1122 — Transit Page 2 of 45 ARTICLE 2 - UNION MEMBERSHIP 2.1 Union Membership: All employees in the bargaining unit shall, within thirty (30) days after hiring, as a condition of employment, become members of the Union, provided that exceptions to membership shall be subject to the provisions of RCW 41.56.122(1). 2.2 Payroll Deductions: The City agrees to deduct Union fees, dues and other assessments by the Union against its members within the bargaining unit from the pay of employees who authorize the City to do so, which authorization shall be in writing and signed by each person authorizing such deductions, and filed with the City The Union shall notify the Employer's Finance Director, Payroll Officer, or their designee of amounts to be deducted from the pay of each such person. The City shall transmit to the Washington State Council of County and City Employees, PO Box 750, Everett, Washington, 98206-0750, the aggregate of such deductions, together with an itemized statement, on or before the 20th day of each month following the month for which deductions are made The Union agrees to defend, indemnify and hold harmless the City for any loss or damage arising from the operation of this Article knowingly caused by the Union It is also agreed that neither any employee nor the Union shall have any claim against the City for any deductions made or not made unless a claim of error is made in writing to the City within forty-five (45) calendar days after the date such deductions were or should have been made 2.3 Union Insignia: Employees who are members of the Union, and in good standing, shall be permitted, with the mutual agreement of Transit management, to wear while on duty, the standard type of Union pin prescribed by their State or International organization. ARTICLE 3- COLLECTIVE BARGAINING 3.1 Bargaining Teams: Collective bargaining between the parties shall be carried out by the City Manager or his/her designee, the City Human Resources Manager or his/her designee, the Union Staff Representative, the Union President, and four (4) additional members from each party No additional representatives for either party shall be allowed without the consent of the other party The Union Staff Representative and the City Manager shall exchange in writing the names of the person or persons representing the respective parties for collective bargaining purposes prior to the first bargaining session. AFSCME Local 1122 — Transit Page 3 of 45 3.2 Wages Hours and Working Conditions: Where negotiable matters pertaining to wages, hours and working conditions are fixed by various City ordinances, the City Manager shall give notice to the Secretary of the Union with a copy to the Staff Representative of any proposed enactment or repeal of, or any amendments to, any such ordinance applicable to members of the bargaining unit. Such notice shall be given no less than ten (10) days prior to the first meeting of the City Council where such ordinance is considered, and shall be in writing and contain a copy of the ordinance proposed to be enacted or of the proposed amendment, or shall refer by code number to any ordinance proposed to be repealed No ordinance affecting wages, hours or working conditions of members of the bargaining unit shall be enacted by the City Council unless mutually agreed upon between the City Manager (or designee) and the collective bargaining committee of the Union. 3.3 Negotiations Timetable: Prior to the termination of this CBA, the Union and the City shall exchange written proposals for any changes in negotiable matters pertaining to wages, hours and working conditions sought for the subsequent year(s) Thereafter, negotiations shall be governed by RCW 41 56 ARTICLE 4 -PUBLIC DISCLOSURE Neither party shall independently issue releases to any news media nor otherwise make public disclosure during Pre -Mediation negotiations as the parties work towards a collecthe bargaining agreement, unless required by law ARTICLE 5- CODE PROVISIONS The following sections of the Yakima Municipal Code are hereby incorporated by reference and made a part of this Agreement. All sections listed shall be in accord with the terms of this Agreement and in the event of a conflict the terms of the Agreement shall pre),ail Section 2.20 010 - Persons Subject to Plan Section 2.20 020 - Content of Plan Section 2 20 040 - Policy for Pay Steps Section 2 20 050 - Policy for Present Employees, Subsection A Section 2.20 060 - Transfer, Promotion, Reclassification, Demotion, or Reinstatement of Employees Section 2.20 070 - Reduction of Salary AFSCME Local 1122 — Transit Page 4 of 45 Section 2.20 088 - Uniform Allowance, Special Assignment Pay; Subsections (3) and (4) Section 2 20 100 - Classification Plan, Subsections A and E Section 2.20 110 - Compensation Plan, Subsection 1 Section 2.24 010 - Longevity Plan- Eligibility- Restrictions, Subsections A, C, ID Section 2 40 020 - Vacation Leave, Subsection A, Subsection 1, and Subsections B (1), (4) Section 2 40 030 - Sick Leave, Sections A (1), B, C, D, E Section 2 40 110 - Sick Leave Transfer Section 2 40 060 - Leave Without Pay Section 2 40 070 - Unauthorized Absences Section 2 40 080 - Holidays with Pay; Subsections A, B, C, D, E, F, G, H, K Section 2 40 100 - Overtime Pay; Subsections A(4), B, C, D, E ARTICLE 6- UNION CONSTITUTION AND BYLAWS Upon request of the City Manager or his or her designee, the Union shall promptly furnish to the City Manager a current copy of the constitution, bylaws and any other rules or regulations of the Union, including any revisions thereto ARTICLE 7- BUSINESS LEAVE 7.1 Members representing the Union, not exceeding four (4) in number, shall be paid at the applicable rate of pay for actual time spent for all meetings between the City and the Union for the purpose of negotiating wages, hours and working conditions, terms of this agreement, or for processing grievances When such meetings take place at a time during which any such members are scheduled to be on duty, they shall be granted leave from duty without any loss of pay Actual time spent for meetings shall be limited to the time spent in the meetings 7.2 Business Leaves: Such officers and members of the Union may be designated by the Union, not to exceed four (4) in number at any one time shall be granted leave from duty with pay for Union business, such as but not limited to attending labor conventions and educational conferences, collective bargaining preparations and civil service, provided that notice of such conventions or conferences shall be requested and approved by the Department Head, and provided further that the total leave for the bargaining unit for the purpose set forth in this section shall not exceed one hundred thirty-five (135) hours in any fiscal year AFSCME Local 1122 — Transit Page 5 of 45 7.3 Shop Stewards: Shop stewards shall be allowed up to one (1) hour per month with pay to attend shop stewards meeting(s) conducted during the steward's work shift. The number of shop stewards in the bargaining unit shall be determined by a ratio of one (1) steward per twenty (20) members in the bargaining unit. The Union shall keep the City notified of the current shop stewards and Local Union Officers ARTICLE 8- EMPLOYEE RIGHTS 8.1 Personnel Files: Employees shall haNe the right, upon request, to inspect their personnel file No material referring to an employee's job competence or conduct shall be placed in the file without the employee's knowledge and the opportunity to attach his or her comments A copy of any entry pertaining to job competence or conduct will be given to the employee 8.2 Performance Evaluations: The initial discussion regarding a probationary, special or annual performance evaluation shall take place solely between an employee and his or her immediate rating supervisor Thereafter an employee may be accompanied by a Union representative where job conduct or said performance evaluation is reviewed in a conference with management. On-the-job discussions between employee(s) and supervisor(s) regarding job duties, assignments, and/or performance shall not be considered disciplinary action and shall not be subject to this provision Appeals of performance evaluations shall be made in accordance with the Charter Civil Service Commission's Rules and Regulations and shall not be subject to the grievance procedure 8.3 Off -Duty Actions: Except as otherwise provided in state, federal, and local law, the City Charter, or the Charter Civil Service Rules and Regulations, off-duty activities of an employee shall not be cause for disciplinary action unless such activity is detrimental to the employee's performance on the job 8.4 Work Rules: A) Work rules and policy shall be posted for employees and be in writing. They shall be uniformly applied. When existing work rules, policy or procedure are changed or new rules or procedures established, employees whose work assignment is affected shall be notified in writing (that is circulating a memorandum) and the new rule or procedure shall be posted prominently on AFSCME Local 1122 — Transit Page 6 of 45 appropriate bulletin boards for a period of seven (7) calendar days before becoming effective, except for changes of an emergency nature B) Employees shall comply with all existing rules that are not in conflict with the express items of this A i-eeinent, provided that rules are uniformly applied and uniformly enforced, and provided that reasonable notice has been given of the existence of the rule. C) Any unresolved complaint as to the reasonableness of any new or existing rule, or any complaint involving discrimination in the application of new or existing rules shall be resolved through the grievance procedure 8.5 Safety and Health Committee: The City agrees to maintain a Safety and Health Committee in accordance with state law Such committee shall receive and investigate complaints of unsafe or unhealthy working conditions and shall recommend appropriate remedies to the City Unresolved complaints of violations of Washington Industrial Safety and Health laws may be referred to the Washington State Department of Labor and Industries, Industrial Safety Division, for investigation. 8.6 Union Participation: An employee has the right to hold Union office, seek Union assistance, file a grievance or use other benefits of this Agreement according to the terms set forth without reprisal, repression, intimidation, prejudice, or discrimination. 8.7 Probationary Period: The probationary period for promotions to all bargaining unit positions shall be six (6) months Effective April 1, 2006, the probationary period for new hires to all bargaining unit positions shall be twelve (12) months, provided that probationary employees may use vacation leave and are eligible for step increases after six (6) months of employment, subject to and in accordance with all other rules, policies, the Yakima Municipal Code, and this CBA. ARTICLE 9- NAGEMENT RIGHTS 9.1 Except as specifically abridged, granted, delegated or modified by this Agreement, including amendments, the City retains all legal and inherent exclusive rights with respect to matters of legislative and managerial policy Furthermore, the City reseres all customary management prerogatives including, but not limited to, the right to AFSCME Local 1122 — Transit Page 7 of 45 A) Establish, plan for, and direct the work force toward the organizational goals of the municipal government. B) Determine the organization, and the merits, necessity and level of activity or service provided to the public C) Determine the City budget and financial policies including accounting procedures D) Establish, regulate and administer a personnel system in conformity with the City Charter and Civil Service Rules and Regulations, which provides for all types of personnel transactions including determining the procedures and standards for hiring, promotion, transfer, assignment, lay off, discipline, retention and classification of positions E) Discipline or discharge of employees for cause as provided by the General Rules and Regulations of the City's Charter Civil Service Commission and in conformity with this Agreement F) Determine the methods, means, equipment, numbers and kinds of personnel, and the job or position content required to accomplish governmental operations and maintain the efficiency thereof G) Determine and change the number and locations and types of operations, processes and materials to be used in carrying out all City functions 1-1) Assign work to and schedule employees in accordance with Civil Service classifications and position descriptions, and to establish and change work schedules in accordance with Article 33 - Work Week Provisions I) Relieve any employees from duty due to lack of work or insufficient funds J) Take all actions necessary to carry out the mission of the City in emergencies 9.2 The above-cited management rights are not to be interpreted as being all- inclusive, but merely indicate the type of rights which belong to the City It is understood that any of the rights, power and authority the City had prior to the signing of this Agreement are retained by the City 9.3 Any employee within the bargaining unit who may feel aggrieved by the unfair or discriminatory exercise of any of the Management Rights specified herein above, or any other claimed prerogative may seek their remedy by the grievance procedure provided in the Agreement. AFSCME Local 1122 — Transit Page 8 of 45 ARTICLE 10 - LABOR MANAGEMENT COMMITTEE 10.1 Intent: The City and the Union shall cooperate to provide the public with efficient and courteous service, encourage good attendance of employees, and promote a climate of labor relations that will aid in achieving a high level of efficiency and productivity in all departments of City government. 10.2 Makeup: In order to accomplish these goals, a Labor -Management Committee shall be established consisting of three (3) Union members chosen by the Union, the Union Staff Representative, the City Manager or his/her designee, and three (3) individuals selected by the City Manager 10.3 Time Frame: The Labor -Management Committee shall schedule meetings at mutually agreeable times, but not later than fifteen (15) working days from the date of a request for a meeting by a party to this Agreement. Requests shall be in writing and contain the item(s) or topic(s) at issue 10.4 Agenda: At least ten (10) working days prior to the meeting, a written agenda shall be prepared by the party requesting the meeting and may be supplemented by additions made by the other party A final agenda shall be established and distributed to all parties at least three (3) working days prior to the date of the meeting. Items not on the agenda shall not be discussed at the meeting unless mutually agreed by all parties 10.5 Resolution: Should the Labor/Management process result in a proposed change in wages, hours, and working conditions, the parties may pursue amendment of this Agreement in accordance with Article 37 of this Agreement ARTICLE 11 - CONT CTING WORK The City agrees that no permanent employee shall be laid off as a direct result of the City contracting work currently done by City Employees The City however, retains the right to contract work as deemed desirable or necessary by the City and reassign employees who might otherwise be laid off as a result thereof The City further retains the right to lay off employees at the discretion of the City, due to lack of funds AFSCME Local 1122 — Transit Page 9 of 45 ARTICLE 12 - STRI S AND LOCKOUTS PROHIBITED 12.1 Strikes: The Union shall neither cause, encourage nor counsel employees within the bargaining unit to strike, nor shall it in any manner cause, encourage nor counsel any such employee or employees to directly or indirectly commit any concerted acts of work stoppage, slow -down or refusal to perform any customarily assigned duties, provided, howeNier, in the oient the laws of the State of Washington should be changed so as to allow the right to strike, or to substitute therefore any other right in its place, this Agreement shall be construed so as to allow the Union to exercise any such right that is hereafter provided by law or change of law, and the parties to this Agreement hereby agree to be bound by the terms of any such law or change of law 12.2 Lockouts: The City agrees that during the term of this Agreement, there will be no lockouts However, a complete or partial reduction of operations for economic or other compelling business reasons shall not be considered a lockout In addition, if an employee is unable to perform his or her duties because equipment or facilities are not available due to a strike, work stoppage or slowdown by any other employees, such inability to provide work shall not be deemed a lockout. ARTICLE 13 -REDUCTION IN FORCE Any reduction in force shall be accomplished in accordance with reduction in force procedures set forth in the Charter Civil Service Rules and Regulations In the e\,ent that it becomes necessary to amend the reduction in force procedure in the Civil Service Rules, the City and the Union shall cooperate to deelop reduction in force procedures which shall be mutually acceptable for submission to the Civil Service Commission. ARTICLE14 - GRIEVANCE PROCEDURE 14.1 Policy: The parties recognize that the most effective accomplishment of the work of the City requires prompt consideration and equitable adjustments of employee grievances It is the desire of the parties to adjust grievances informally whenever possible, and both supervisors and employees are expected to make every effort to resolve problems as they arise However, it is recognized that there may be grievances which can be resolved only after a formal review Accordingly, the following procedure is hereby established in order that grioiances of employees covered by this agreement may be resolved as fairly and expeditiously as possible AFSCME Local 1122 —Transit Page 10 of 45 14.2 Remedies: The Union may either grieve matters according to this Article or the Union may appeal to the City of Yakima Charter Civil Service Commission according to the Commission's Rules and Regulations However, the Union may not exercise both approaches but must choose one or other 14.3 Definitions: A) A "grievance" is a dispute concerning the interpretation, application, or alleged violation of any provision of this Agreement B) The term "employee" as used in this Article means a permanent or probationary employee who is a member in good standing of the bargaining unit or group of such employees, accompanied by a representative if so desired. C) The term "working day" as used in this Article means Monday through Friday excluding holidays 14.4 Special Provisions: A) The aggrieved party and his or her chosen representative shall be granted time off without loss of pay for the purpose of processing a grievance in accordance with Article 7 - Business Leave of this Agreement. City employees attending hearings as a witness for the aggrie\,ed party shall be granted time off without loss of pay for the purpose of providing testimony, including Civil Service Commission meetings The aggrieved party's representative may, after making advance notification to the relevant Division Manager, visit the work location of employees covered by this Agreement for the purpose of investigating a grievance Said investigation shall be conducted so as not to disturb the work of uninvolved employees B) Grievances on behalf of one or more employees may be initiated or pursued without the employees' consent. C) A grievance may be entertained in or advanced to any step in the grievance procedure if requested by one party in writing and agreed to by the other party in writing. D) The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved A statement of the duration of such extension of time must be signed by both parties imoked at the step to be extended. Failure of either party to meet the time limit or extended time limit for responses or appeals at any step in the process shall render the decision in favor of the other party AFSCME Local 1122 —Transit Page 11 of 45 14.5 Procedure: To be reviewable under this procedure, a Union grievance must be filed in writing within thirty (30) calendar days after the action or decision giving rise to the grievance and must comply with the following: A) Be filed on an AFSCME Form F-29 B) Identify the facts and circumstances relating to the alleged misapplication, misinterpretation, or violation of a specific provision of this labor agreement C) Specify the relief sought 14.6 Step 1 -Informal Discussion with Immediate Supervisor: Prior to filing a written grie\,ance as described in Step 2 below, the employee shall meet with his or her immediate supervisor to discuss the subject of dispute If the subject of dispute is discipline greater than a verbal reprimand, the employee shall skip Step 1 and proceed directly to Step 2 If the subject of dispute is the immediate supervisor, the employee shall meet with his/her Division Manager to discuss the subject of dispute After such a meeting, the immediate supervisor or Division Manager, as the case may be, shall investigate the relevant facts and circumstances of the grie\,ance and provide a written decision within ten (10) working days 14.7 Step 2 -Written Grievance to Division Manager: The affected employee shall pose the question of the grievance in writing to his or her Division Manager within thirty (30) calendar days of the action or decision giving rise to the grievance The Division Manager shall make a separate investigation and notify the employee in writing of his or her decision, and the reasons therefore, within fifteen (15) working days after receipt of the employee's grievance 14.8 Step 3 - Written Grievance to Department Head: If the employee is dissatisfied with the decision of his Division Manager, the employee may submit the grievance in writing to the Department Head within fifteen (15) working days after receipt of the Division Manager's decision. The Department Head shall make a separate investigation and notify the employee in writing of his or her decision, and the reasons therefore, within fifteen (15) working days after receipt of the employee's grievance AFSCME Local 1122 —Transit Page 12 of 45 14.9 Step 4 - Written Grievance to City Manager: If the employee is dissatisfied with the decision of the Department Head, the employee may obtain a review by the City Manager by submitting a written request to the City Manager within fifteen (15) working days after receipt of the Department Head's decision The City Manager or his designee shall make such investigation and shall, within fifteen (15) working days after receipt of the employee's request for review, inform the employee in writing of the City Manager's findings and decision 14.10 Grievance Filed By the City: Any grievance by the City against the Union shall be reduced to writing and submitted, no later than thirty (30) calendar days after having been made reasonably aware of the issue, to the President of the Union Local with a copy to the Staff Representative The Union President shall investigate the relevant facts and shall, within fifteen (15) working days, provide a written decision, and the reasons therefore If the matter is not satisfactorily settled, an appeal may be instituted as set forth in 14 11 below 14.11 Step 5 - Final Resolution of Grievance Disputes: Either party to this Agreement may refer unsettled grievances to Arbitration. A) A request for Arbitration shall be in writing and shall be submitted to the other party not more than thirty (30) working days after the reply of the City Manager, or the Union President as applies, or their designee, unless the time shall be extended by written mutual agreement Such request shall identify the previously filed grievance which is the basis for the request for Arbitration and shall set forth the issue which the party making the request seeks to resoke B) The Arbitrator may be selected by mutual agreement between the City Manager and the Union Alternatively, the parties may mutually request a list of eleven (11) arbitrators from Public Employment Relations Commission (PERC), American Arbitration Association (AAA), or Federal Mediation and Conciliation Services (FMCS) In the event the parties cannot agree on which agency to request a list from within fifteen (15) working days of the request for arbitration, the parties must request a list of eleven (11) arbitrators from PERC Within a reasonable period of time from the receipt of the list the parties shall alternately strike names from the list until one ( I ) name remains, who shall serve as arbitrator The party to strike the first name shall be determined by a coin flip C) The Arbitrator shall be limited to determining whether the City or the Union has violated or failed to apply properly the terms and conditions of this Agreement. The Arbitrator shall have no power to destroy, change, delete from or add to the terms of this Agreement AFSCME Local 1122 —Transit Page 13 of 45 D) PERC rules and procedures shall govern the arbitration hearing. E) The parties agree that the decision of the Arbitrator shall be final and binding and implemented within thirty (30) calendar days following the rendering of the decision. F) The Arbitrator's fees and expenses, room rental, if any, and cost of the transcripts shall be shared equally by the parties Each party shall bear the remaining costs of the preparation and presentation of its own case, including attorneys' fees, regardless of the outcome. ARTICLE 15 - SOCIAL SECURITY The City will continue to provide the employer's share of FICA (Social Security) coverage for the employees covered in the bargaining unit. ARTICLE 16 - EQUAL OPPORTUNITY CLAUSE In accordance with Revised Order No 4 implementing U S Executive Order 11246, "Equal Employment Opportunity Act" of 1972 and the "Vocational Rehabilitation Act" of 1973 as amended and implementing regulations, and the "Americans with Disabilities Act" (ADA) of 1991, it is the policy of the City of Yakima and the Union to not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin, marital status or disability ARTICLE 17 - SALARIES AND DEFERRED COMPENSATION 17.1 Wages: No across the board wage adjustments to the salary schedule In lieu of wage increases there will be the following Each employee in the bargaining unit shall receive a lump sum payment, paid as a separate check from the normal payroll check. $2,250 00 payment within two (2) payroll cycles after ratification by both parties, (Union members and City Council) of the proposal, A) 2014 $2,500 00 first pay cycle after January 1, 2014 B) 2015 $2,900 00 first pay cycle after January 1, 2015 AFSCME Local 1122 —Transit Page 14 of 45 17.2 Direct Deposit: The parties recognize that Direct Deposit is the most effective way of banking. All employees shall be able to direct deposit at their own financial institution that offers this service 17.3 Deferred Compensation: Each bargaining unit member shall be paid, in accordance to that employee's monthly salary, deferred earned compensation each month in an amount equal to a percentage of said monthly salary as provided below The deferred compensation contribution is separate pay and is not part of base monthly salary as codified in the Yakima Municipal Code Pay and Compensation Ordinance 2.20 1 I 0 This provision is subject to the City's deferred compensation rules and regulations and IRS regulations The computation of retirement contributions and pension benefits shall be governed by application state law A) The City will contribute three percent (3%) of each employee's base monthly salary to a deferred compensation plan ARTICLE 18 - LONGEVITY 18.1 Longevity: Longevity Compensation shall be in accordance with Yakima Municipal Code Section 2.24 010A as may be subsequently amended. A) All permanent employees shall accrue longevity as follows Longevity Compensation. Years Service Percentage of Base Pay At least 60 months and less than 120 months At least 120 months and less than 180 months At least 180 months and less than 240 months At least 240 months and less than 300 months At least 300 months or more 1 75?/0 50.,,i) 5 0% 6 5% 8 0% B) Accruals shall be prorated per month on actual hours in pay status for permanent part-time employees AFSCME Local 1122 —Transit Page 15 of 45 ARTICLE 19 -SHIFT DIFFERENTIAL 19.1 After Hours: For employees who work a regularly scheduled shift where all or part of the shift hours fall between 6:00 p.m. and 6:00 a.m., an additional six percent (6%) per hour over base pay will be paid for all hours worked within the stipulated period to the nearest one-half (1/2) hour Persons working overtime past their normal shift will not be entitled to payment under this Article unless all of the scheduled hours of the second shift are worked. 19.2 Split Shift: A) Transit Employees who work a split shift shall receive six percent (6%) shift differential for fifty percent (50%) of the hours worked on any split work day, up to twenty (20) hours per week. B) Transit Employees who work a five (5) day work week and have one (1) weekday off shall receive a six percent (6%) shift differential, for twenty (20) hours a week. C) Transit Employees who work a four (4) day work week and haNe two (2) weekdays off, shall receive a six percent (6%) shift differential, for twenty (20) hours a week D) Shift differential shall be limited to thirty (30) hours per week for employees who meet the requirements of (A & B) or (A & C) 19.3 Extra Board Transit Operator: Extra Board Transit Operators shall receive shift differential pay as follows A) For hours worked before 6 00 a.m and after 6 00 p m B) For the same hours of whoever's complete regularly scheduled full-time shift they fill C) For partial shifts pieced together, with an unpaid time lapse of thirty (30) minutes or greater shift differential shall be paid for fifty percent (50%) of the total hours worked that day, rounded up to the nearest one-half (1/2) hour D) For all additional hours worked before or after a straight eight (8 0 — 8 5) or ten (10 0 to 10.25) hour shift, provided that there is an unpaid time lapse of thirty (30) minutes or greater E) When working a regularly scheduled split shift, no additional compensation shall be paid for extra hours worked during that day AFSCME Local 1122 —Transit Page 16 of 45 ARTICLE 20 -OVERTIME AND CALL OUT 20.1 Employees who are required to work more than forty (40) hours in any work week shall be paid one and one-half (1-1/2) times the regular rate of pay for credited time in excess of forty (40) hours per week Credited time shall be in fifteen (15) minute increments However, compensatory time off at the time and one-half rate (1-1/2) in - lieu of overtime pay may be requested by the affected employee In that case, compensatory time may be taken at such time as is agreed upon by the Employer and the employee, but may not be imposed by the Employer upon any employee who has not so requested such compensatory time off 20.2 Compensatory time off may be accrued to a maximum of forty (40) hours unless the City Manager approves additional accrual because of an emergency or other unusual circumstance Provided, howe\,er, existing compensatory time in excess of forty (40) hours shall remain until used 20.3 Employees may accept any shift(s), and or shift piece(s) of Mailable overtime by seniority No shift shall be split more than once 20.4 Time spent by an employee beyond the normal working day for job-related training classes business and/or safety meetings approved by the Division Manager shall be considered time worked for calculation of overtime pay/compensatory time The employee must attend the training class or safety meeting in its entirety 20.5 Authorized travel time spent in the performance of the job shall be considered time worked for the calculation of overtime pay 20.6 Due to the nature of work performed by bargaining unit employees, the Union and the City agree that in the event an employee works beyond his or her regular shift quitting time, that employee shall not have any meal period(s) otherwise required by law 20.7 In the event the employee is unable to provide or obtain the meal(s) due to location or time of day or emergency, the Division Head shall ensure the employee obtains a meal at the Employer's expense 20.8 Call Out Pay: Regular Operators: A) A minimum of two (2) hours pay at the time and one-half (1-1 /2) rate will be paid to an employee as follows 1 Who is requested to return to work at the completion of his or her shift while still at the work site/relief point, or, is called to return to work after AFSCME Local 1122 —Transit Page 17 of 45 leaving the work site/relief point at the completion of his or her shift after they have left the worksite, or Is called to report to work prior to the start of his or her shift, or 3 Is called into work on a day off B) Call out time is counted from the time the employee begins work until the employee is released from the workplace Any time worked in excess of the two (2) hours shall be paid at the time and one half rate C) Establishing a one hour business meeting on a monthly basis with the employees — it will be an hour of meeting for one hour's pay Also, this is not a mandatory meeting. The agenda will be developed by both sides and if there are not enough discussion items to fill the hour, the meeting will be cancelled. This meeting will be held only on the months there is no quarterly meeting. The time and day will be determined at a later date to allow maximum participation. 20.9 Dispatcher Overtime: Permanent Dispatchers shall be offered any available overtime on a seniority basis among the permanent Dispatchers If the permanent Dispatchers are not available to work overtime, the work will be offered to other qualified permanent employees on a seniority basis 20.10 Extra Board Transit Operator Overtime: An Extra Board Transit Operator will be eligible to receive overtime payments in accordance with Article 20 — Overtime & Call Out if they work more than forty (40) hours in any work week. No overtime compensation will be paid to an employee who exceeds the regularly scheduled work day unless such work causes the employee to work more than forty (40) hours in the work week including job- related training classes, business and/or safety meetings approved by the Division Manager. The employee must attend the training class or safety meeting in its entirety. ARTICLE 21 -STANDBY PAY 21.1 The determination of the need for an assignment of standby time is a responsibility of Management Employees will have the opportunity to volunteer or exchange for standby prior to being made a required assignment The employee must notify their supervisor in writing by the end of the previous shift of an exchange with another employee for assigned standby AFSCME Local 1122 —Transit Page 18 of 45 21.2 Compensation for assigned standby time will be four dollars $4 00 per hour 21.3 Employees on assigned standby time are required to maintain the same physical and mental capacity that is required during regular scheduled work hours and are to be reachable if called. ARTICLE 22 - BILINGUAL PAY Employees who have Spanish bilingual capacity shall receive sixty dollars ($60 00) per month for their work in that capacity subject to prior written approval from the Director of Public Works and subject to achieving a passing score on the bilingual skills examination conducted under the Charter Civil Service Rules and Regulations and administered by the Civil Service Chief Examiner The Chief Examiner may waive this testing requirement if the employee can demonstrate to the satisfaction of the Chief Examiner, through documentation (i e court interpreter certification from the State of Washington) that the employee has sufficient bilingual skills in the Spanish language ARTICLE 23 - HEALTH CARE 23.1 Availability: Employees shall participate in the City of Yakima Employees' Health Care Plan. Eligible dependents and retirees may also participate in the Plan. Eligibility rules, types and levels of benefits payment of premiums through a cafeteria plan, co -payments, co- insurance and deductibility requirements and all other terms and conditions for the provision of these health benefits shall be governed by the City of Yakima Employees' Welfare Benefit Program Premium base rates shall be determined annually by the applicable broker of record. 23.2 Employee Only Medical/Vision Coverage: The City shall pay one hundred percent (100%) of monthly employee only medical/vision premiums 23.3 Dependent Medical/Vision Coverage: A) Effective January 1, 2013 For employees who enroll one or more dependents in the healthcare plans, the monthly dependent unit premium costs shall be capped at $175 00 B) Effective January 1, 2014 For employees who enroll one or more dependents in the healthcare plans, the monthly dependent unit premium costs shall be borne as follows AFSCME Local 1122 —Transit Page 19 of 45 1 Fifty percent (50%) shall be paid by the participating employee Fifty percent 150°0) shall be paid by the City Any increase or decrease in the total premium cost in 2014 over 2013 levels and in 2015 over 2014 levels to be shared between the employer and employee on a fifty-fifty percent (50/50%) basis for all benefit categories except employee only, which will remain fully covered by the employer 23.4 Dental Insurance Coverage: The City shall pay the premium for employee and dependent family dental insurance 23.5 Retiree Coverage: A) Upon payment of the full premium as required in 23 5(D), herein, retirees may elect to remain in the group health care plan until they reach age 65 B) Spouses of retirees may remain in the group health care plan until they reach age 65 or, in the case of spouses of deceased retirees, until they reach age 65 or remarry, whichever occurs first. C) Other dependents of retirees may remain in the group health care plan as long as they remain eligible under the provisions of the plan and until coverage for the retiree and spouse, or, the spouse of a deceased retiree terminates, at which time such dependent insurance coverage ceases regardless of the age of the dependents D) Retirees, or spouses of deceased retirees, shall pay the full premium (including dependents if enrolled) which shall be the same as the normal group rate assessed for coverage of active City employees and dependents as applicable Premiums shall be paid by deduction from retirement checks paid to retired employees or their beneficiary 23.6 Wellness Committee: A representative from this bargaining unit will be appointed to the Wellness Committee The Committee will discuss such topics as heart life programs and physical exam coverage 23.7 Employee Welfare Benefit Board: A) The Union will select voting and non-voting members to serve on the City of Yakima EmployeesWelfare Benefit Board (hereinafter referred to as the Board) according to Article III of the City of Yakima Employees' Welfare Benefit Program AFSCME Local 1122 —Transit Page 20 of 45 B) The purpose of the Board shall be to study and become informed regarding health insurance programs including the City's modified self- funded program, to identify perceived and real problems, and make recommendations to the City and the Union on ways to improve and enhance in an economical fashion the health insurance program C) To enable the Board to become knowledgeable and to make reasonable and objective recommendations for change, the City agrees to the following 1 The City will provide complete and open disclosure of information necessary for the Board to complete its duties within the confines of the law and concerns for medical confidentiality Any member(s) of the Board who for any reason steps down as a Board member, shall be replaced by the selection process outlined in Article Ill of the City of Yakima Employees' Welfare Benefit Program 23.8 Right of Withdrawal: The Union shall continue to haA,e the right to withdraw from the City of Yakima Employees' Welfare Benefit Program by notifying the City in writing six (6) months in advance ARTICLE 24 - HEALTH HAZARD INOCULATIONS & CERTIFICATIONS 24.1 For employees who are exposed to health hazards by direct contact with raw sewage, industrial waste, human waste, or animal waste, the City will arrange and provide for inoculations or vaccines recommended by the Washington State Department of Health 24.2 The City of Yakima will pay required fees for any license/certificate required by the City as a condition of continued employment, provided howe Nier, that reinstatement costs that are the employee's fault shall be paid by that employee A) Employees may elect to renew their Commercial Drivers License (CDL) medical certification through their regular attending physician at their own expense or at the medical clinic authorized by the City at the City's expense B) The employee will sign a waiver agreeing to hold the City harmless to liability if they purposely misrepresent or do not accurately disclose medical conditions to their physician during the CDL medical AFSCME Local 1122 —Transit Page 21 of 45 certification process The employee and physician waivers are incorporated into this Agreement as Appendix A. 24.3 Bargaining unit members may be reimbursed up to $100 00 per year for work - appropriate footwear purchased through an approved vendor ARTICLE 25 - LIFE INSU NCE 25.1 The City shall provide life insurance for bargaining unit members with a face value of One Hundred Thousand Dollars ($100,000) per member The life insurance premium shall be paid in full by the City • The amount of Life and Accidental Death and Dismemberment Insurance reduces to sixty- five percent (65%) when you reach age 65, to fifty percent (50%) when you reach age 70 and to thirty- five percent (35%) when you reach age 75 25.2 Retiree Life Insurance: Upon retirement, retirees may elect to continue their participation in the life insurance coverage through a conversion policy The conversion coverage policy requires that retired employees pay their own premium for said coverage ARTICLE 26 - HOLIDAYS 26.1 Annual Holidays: The following shall be recognized and New Year's Day Martin Luther King, Jr Day Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Day Christmas Day observed as paid holidays January I 3rd Monday in January 3rd Monday in February Last Monday in May July 4111 1st Monday in September November 1 I th 4th Thursday in November 4th Friday in November December 25111 26.2 Personal Holiday: Permanent employees shall be entitled to eight (8) hours of personal holiday per calendar year Employees who work a 4/10 schedule shall be entitled to ten (10) hours of personal holiday per calendar year Both are subject to the following conditions Personal holiday shall be limited to eight (8) hours for employees who work more than eight (8) hours but less than a ten (10) hour shift, subject to the following conditions: AFSCME Local 1122 —Transit Page 22 of 45 A) The employee has been or is scheduled to be continuously employed by the City for more than six (6) months, and B) The employee has gi \,en not less than fourteen (14) calendar days of written notice to the Division Manager, provided howoier, the employee and the Division manager, or their designee, may agree on an earlier day, and C) The Division Manager or their designee, has approved the day, and D) The day selected does not prevent the Transit Division from providing continued public service and does not interfere with the efficient operation of the Transit Division, and E) The personal day must be taken during the calendar year of entitlement or the day will lapse except when an employee has requested a personal holiday and the request has been denied. F) Personal holiday must be used in its entirety in one single use and may not be broken into less than an eight (8) or ten (10) hour complete shift. 26.3 General Holiday: A) Whenever any holiday specified by State Law falls on Saturday, the preceding Friday shall be the holiday Employees who work Friday in such case shall be paid according to City Code Section 2 40 080, Subsection E Whenever any holiday specified by State law falls on Sunday, the following Monday shall be the holiday Employees who work Monday in such case shall be paid according to City Code Section 2 40 080, Subsection E B) Whenever a holiday falls on a Saturday, the holiday shall be observed Saturday or if a holiday falls on Sunday, the holiday shall be observed Sunday for those employees regularly scheduled to work on Saturday or Sunday C) Full-time employees whose regularly scheduled Friday and/or Saturday shifts are pre-empted due to no holiday service and/or reduced holiday service shall be compensated at pay code 10 for Friday and pay code 77 for Saturday D) If a holiday falls on a normal day off, equk,alent hours off will be granted to be scheduled within sixty (00) days of the holiday an employee's in -lieu account. E) Holiday hours will be offered by seniority as defined in Article 31 - Seniority, to permanent employees, prior to offering the open holiday work to temporary employees, and F) Time and one-half (1-1/2) will be paid for the hours worked on a holiday in addition to the employee's rate of pay At the employee's option, the AFSCME Local 1122 —Transit Page 23 of 45 premium holiday pay shall be received or the employee may be paid at straight time with the equivalent of one and one-half (1-1/2) days being ,4-1 anted off within sixty (60) days Hours of holiday compensatory time earned for every hour worked, if, provided that on the day of the holiday the employee's compensatory time does not exceed forty (40) hours, then all hours of holiday compensatory time may be earned as compensatory time If the employee's compensatory time account exceeds forty (40) hours, the holiday hours worked must be taken as mertime pay If not specified here the general holiday agreement applies G) Employees working a 4 day/10 hour schedule shall earn ten (10) hours credit per holiday All other provisions of this Article will continue to apply ARTICLE 27 - VACATION Employees shall be granted annual vacation pursuant to the following conditions 27.1 All full time employees shall accrue vacation with pay as follows YEARS OF SERVICE After one (1) full year After two (2) full years After five (5) full years After ten (10) full years After fifteen (15) full years After twenty (20) full years ACCRUAL RATES 7 34 hours per month (88 hours per year: 40 hours may be taken after 6 months) 8 67 hours per month (104 hours per year) 10 67 hours per month (128 hours per year) 13 34 hours per month (160 hours per year) 15 34 hours per month (184 hours per year) 19 34 hours per month (232 hours per year) Vacation accruals for permanent part-time employees will be prorated based on the difference between the total number of actual hours in pay status in the previous month versus the total number of hours available to work in the previous month. Accruals shall be adjusted monthly 27.2 Employees shall be allowed to accrue a total amount of vacation time equal to the lamount which can be earned in two years 27.3 Employees who become ill while on apprmed vacation may utilize sick leave for the period of illness subject to the provisions of Article 28 - Sick Leave, Section 28 3 and 28 4 and provided the employee immediately upon becoming ill notifies the Division Manager and, upon return to work, presents the Division Manager with a physician's certificate stating the nature of the illness and the length of the incapacity 27.4 Vacation leave cannot be used during the month of accrual. AFSCME Local 1122 —Transit Page 24 of 45 A) A minimum of one point seven five (1 75) hours of vacation time must be requested. 27.5 Vacation Sell -Back Program: Employer implemented vacation sell -back program where an employee could sell back to the City up to one-third (1/3) of their accrued vacation leave within a twelve (12) month period (based on a calendar year ) EXAMPLE A ten year employee accrues 13 67 hours per month at 165 hours per year 165 hours of vacation leave at 1/3 ( 333) would equal 55 hours of vacation time payable to the employee at their current hourly rate ARTICLE 28 - SICK LEAVE 28.1 Accrual: Sick leave with pay is maintained as an insurance program for salary continuation during periods of illness, and particularly extended illness as follows A) All full-time employees shall accrue sick leave with pay at the rate of eight (8) hours per month for each full calendar month of the eligible employee's continuous service with the City Said accrual shall be prorated for permanent part-time employees 28.2 Use: Sick leave cannot be used during the month of accrual 28.3 Permissible Use of A Sick Leave: An employee eligible for sick leave with pay shall be granted such leave for the following reasons A) Personal illness or physical incapacity resulting from causes beyond employee's control B) Verifiable visits by the employee and the employee's dependents enrolled in the City of Yakima Employees' Health Care Plan to a physician or dentist for examination and/or treatment. C) Quarantine of employee due to exposure to a contagious disease D) On the Job Injuries The sick lease buy back program for work related injuries is eliminated and time loss compensation will be paid in accordance with City of AFSCME Local 1122 —Transit Page 25 of 45 Yakima Administrative Policy PER 405 and in compliance with State of Washington Labor and Industries industrial insurance laws A member who is receiving industrial insurance benefits and whose authorized leave of absence for the injury exceeds 12 -weeks covered by the Federal Family and Medical Leave Act shall be required to pay only the employee's portion of the health insurance premium for an additional 12 - week period At the end of the second 12 -week period and if the employee has not returned to work, the employee shall be required to pay for both the employee and the City's portions of the applicable health insurance premium. E) To care for a child of the employee with a health condition that requires treatment, transportation, or supervision, "Child" as used herein means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in the place of a parent ("in loco parentis" as legally defined) who is (a) under 18 years of age or (b) 18 or older and incapable of self-care because of a mental or physical disability F) To care for a spouse, parent, parent -in-law, or grandparent of an employee who has a serious health condition or an emergency condition. "Parent" as used herein includes an individual who stood in the place of a parent ("in loco parentis" as legally defined) to an employee when the employee was a child. G) For bereavement leave as provided in Article 30 - Bereavement Leave of this Agreement. H) For serious injury or illness to other members of employee's immediate family constituting an emergency or crisis, provided the employee is engaged in care/treatment, transportation, and/or supervision of the affected individual The term "Immediate Family" means 1 Spouse, children, children of spouse, spouse of children, 2 Step or foster family relationship, 3 Mother, father, brother, sister of employee or spouse, 4 Grandparent or grandchild of employee or spouse, 5 Aunt or uncle of employee or spouse 6 Any person living in the Immediate Household* of the employee 7 In cases where an employee is responsible for funeral arrangements, sick leave will be granted. AFSCME Local 1122 —Transit Page 26 of 45 I) Employees who have exhausted all accumulated sick leave may use accumulated vacation leave, compensatory time, in lieu time, or their personal holiday in lieu of sick leave subject to the requirements of all other provisions of this Agreement (contract) Members of the Immediate Household means persons who reside in the same home, who ha\,e reciprocal and natural and/or moral duties to and do provide support for one another The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune 28.4 Requirements for All Paid Sick Leave: A) Absence Reported: Employees must report to the representative designated by their Division Manager the reason for their absence as far in advance of the starting of their scheduled work day as possible This report shall be made no later than five (5) minutes after the scheduled report time B) Incidents Greater Than Three Days: Employees must keep their Division Manager informed of their condition if their absence is of more than three (3) consecutive working days in duration. C) Physician's Statement: A statement by an employee's attending physician may be required if an absence caused by illness or injury extends beyond three (3) consecutive working days, or for each absence, if requested by the Division Manager If a physician's statement is to be requested by the Division Manager, the employee shall be so notified before his or her return to work D) Home Visits: Employees may choose to permit home visits E) Medical Examinations: Employees must permit medical examinations as designated by the City, at the expense of the City, and at the mutual convenience of the City and the employee AFSCME Local 1122 — Transit Page 27 of 45 28.5 Enforcement of Sick Leave Provisions: A) Failure to Comply: Any failure to comply with the provisions of Article 28 - Sick Leave shall be grounds for denial of sick leave with pay or other paid lea, e taken in lieu of sick leave for the period of absence B) Disciplinary Action: Misrepresentation of any material fact in connection with paid sick leave or other paid leave taken in lieu of sick leave by an employee shall constitute grounds for disciplinary action. C) Oversight: It shall be the responsibility of the Department Head or his/her designated representative to I Review all sick leave or other paid leave taken in lieu of sick leave and approve that which complies with the provisions of this Section and forward approved time cards to the Finance Department. The Payroll Officer shall not certify the payment of sick leave or other paid leave taken in lieu of sick leave until the approved applications have been received, except that employees still absent at the end of a pay period may be certified for payment of sick leave or other paid leave taken in lieu of sick leave by the Payroll Officer upon recommendation of the Department Head as indicated by their signing the time sheet and subject to the receipt of an approved application for sick leave pay or other paid leave taken in lieu of sick leave immediately upon the employee's return to work, 2 Investigate any suspected abuse of sick leave or other paid leave taken in lieu of sick leave, Withhold approval of sick leave pay or pay for other leave taken in lieu of sick leave in the event of unauthorized use, 4 Initiate disciplinary action if, as a result of investigation, it is determined that an employee has been guilty of willful misrepresentation in a request for sick leave pay or other pay taken in lieu of sick leave pay D) Unscheduled Sick Leave: 1 An unscheduled sick leave incident shall be defined as any continuous period of absence due to illness or injury One absence equals one incident regardless of the length of time of absence AFSCME Local 1122 —Transit Page 28 of 45 Any sick leave incident in which the employee submits a statement from a health care provider verifying the illness or injury of themselves or a family member(s) shall be considered a scheduled absence 2 Permanent employees shall not exceed twelve (12) incidents of unscheduled sick leave in a calendar year Exceeding twelve (12) incidents may be cause for discipline 28.6 Sick Leave Exchange: Any permanent employee may exchange accrued sick leave for pay or for additional leave time as appropriate, in accordance with the options provided the employee, subject to the following provisions A) Upon Retirement or Death: Upon retirement or death the employee's accrued sick leave up to and including 840 hours will be exchanged for pay at the rate of 100% of the employee's current base pay The maximum payment shall be $16,500 B) Upon Termination - Up to 719.99 Hours: Upon termination under honorable conditions, as distinct from retirement or death, the employee's accrued sick leave up to and including 719 99 hours or less will be exchanged for pay at the rate of 25% of the employee's current base pay Honorable termination includes layoff for budget reasons, as well as resignation with at least fourteen (14) calendar days notice The maximum payment shall be $7,500 C) Upon Termination -720 Hours or More: Upon termination under honorable conditions, as distinct from retirement or death, employees who have accrued sick leave of 720 hours or more will be exchanged for pay at the rate of 50% of the employee's current base pay, up to a maximum of and including 840 hours Honorable tennination includes layoff for budget reasons, as well as resignation with at least fourteen (14) calendar days notice The maximum payment shall be $7,500 D) Additional Vacation Days: Employees who have accrued 720 hours or more of sick leave may exchange such sick leave for bonus (additional) leave days at the rate of 32 hours of sick leave for each additional eight (8) hours of leaNe, not to exceed a total of 40 added leave hours annually, utilization of which would be subject to the scheduling and approval by the Department Head. No request to exchange AFSCME Local 1122 —Transit Page 29 of 45 sick leave for \,acation will be granted for less than thirty-two (32) hours of sick leave or eight (8) hours of pay E) Sick Leave Exchange Procedure: Any permanent employee may exchange accrued sick leave as provided above, subject to the following conditions and provisions A request for such an exchange shall be made to the Finance Director All requests shall be in writing and shall be signed by the employee making the request. Requests will be accepted only during the first five (5) working days of each month with exchanged leave to be available within fifteen (15) calendar days of the date the request is received by the office of the Finance Director Exceptions to the above will be made for termination, layoff or disability retirement. 3 No exchange will be granted to an employee who has been terminated for cause 4 In the event of layoff, exchange requests are the responsibility of the employee ARTICLE 29 - MATERNITY LEAVE Pregnancy will be treated in accordance with the law ARTICLE 30 - BEREAVEMENT LEAVE 30.1 Employees shall be granted up to and including three (3) days Berem,ement Leave in the event of a death in the immediate family of the employee Employees shall discuss the duration of the leave with the Transit Manager or his/her designee at the onset of the leave A) The term "immediate family" means 1 Spouse, children, children of spouse, spouse of children, 2 Step or foster family relationship, 3 Mother, father, brother, sister of employee or spouse, 4 Grandparent or grandchild of employee or spouse, 5 Aunt or uncle of employee or spouse 6 Any person living in the Immediate Household* of the employee 7 In cases where an employee is responsible for funeral arrangements bereavement leave will be granted. AFSCME Local 1122 —Transit Page 30 of 45 B) The employee shall upon returning to work provide written documentation of the death of the immediate family member before bereavement leave shall be paid. This requirement may be waived by the Transit Manager or his designee Members of the Immediate Household means persons who reside in the same home, who ha \,e reciprocal and natural and/or moral duties to and do provide support for one another The term does not include persons sharing the same general house when the living style is primarily that of a dormitory or commune ARTICLE 31 - SENIORITY 31.1 Transit Seniority Defined: Transit Seniority is defined as the length of time accrued in a permanent non- exempt Civil Service Transit Classification position, subject to the provisions contained in this Article Seniority shall be recorded as follows years, days, hours, and minutes 31.2 Transit Seniority Provisions: A) Transit Seniority shall begin on the actual date of hire in a permanent classified Transit status including the probationary period B) Transit Seniority for on-call and seasonal positions shall only include the actual time accrued in a pay status C) Transit Seniority shall continue from one (1) classified Transit position to another classified Transit position through transfer or promotion D) Any and all time in a leave without pay status which is not both pre -requested and pre -approved shall be excluded from Transit Seniority E) Any and all time in a leave without pay status, which resulted from the employee's failure to maintain the minimum qualifications of the position, shall be excluded from Transit Seniority F) Any and all time on suspension due to a sustained disciplinary action shall be excluded from Transit Seniority G) Employees who are separated from service due to a reduction in force shall retain the Transit Seniority they held upon separation, however, no additional Transit Seniority shall accrue during the period of separation should rehire occur H) All Transit Seniority shall lapse and become void upon the expiration of the AFSCME Local 1122 —Transit Page 31 of 45 re-employment/recall period, resignation, termination for cause, or abandonment of position 31.3 Seniority Application: Transit Seniority shall be applied to all matters of work assignments City of Yakima Civil Service Seniority shall be applied to all matters of reductions in force 31.4 Seniority Records: A) The Operations Supervisor with the support of the Human Resources Division shall maintain a current record of individual Transit Seniority for each employee in the Transit Bargaining Unit. B) The individual Transit Seniority records shall be adjusted to reflect any periods of exclusion from seniority, with written notification to the negatively affected employees C) The City shall compile from the individual records a single descending rank order list of employees from the greatest Transit Seniority to the least seniority The list will be available to the Union upon request. D) The single list of Transit Seniority shall be updated prior to and posted with any and all sign-up bids and markdown bids E) Current copies of the Transit Seniority list shall be maintained by the Transit Division and the Human Resources Division. The City of Yakima Charter Civil Service Commission's Seniority list will be available from the Human Resource Manager upon request. 31.5 Separability Of Service Length: This Article sets specific parameters on the length of service for purposes of rank order for the classified employees It is not the intent of this Article to alter the individual length of continuous, uninterrupted service with the City which may include temporary and/or exempt service that the employee's vacation, sick lea \,e, longevity, retirement, and holiday adjustments are based on ARTICLE 32 -CHANGE OF WORK STATUS 32.1 Transit seniority as defined in Article 31 - Seniority shall govern the bidding for full or part time regular and Extra Board Transit Operators status of quarterly sign ups, run selection, shifts, and workweek selection by permanent full time and permanent part- time regular and extra board Transit Operators All permanent regular Transit Operators shall bid on all scheduled runs and/or shifts by seniority AFSCME Local 1122 —Transit Page 32 of 45 32.2 To facilitate payroll operations, regular and Extra Board Transit Operators will simultaneously bid for their full or part-time status at the same time as they bid their work schedules 32.3 Work schedule bidding shall be completed within a total time period of eighteen (18) working days ARTICLE 33 -WO WEEK PROVISIONS Employees shall be scheduled to work regular hours for each work day and each work week in accordance with the provisions established below The City will grant time off work for a minimum of five (5) Operators per weekday, excluding sick leave and operators who are physically unable to perform their work duties Management shall determine the maximum number of employees off per day Employees' schedules will conform to the provisions of this Article unless specifically modified by an Addendum to this contract If the current ratio of permanent full-time to permanent part-time regular operators to Extra Board Transit Operators changes due to significant modifications of service, this article may be renegotiated in accordance to Article 37.2 (Entire Agreement) 33.1 Meal and Rest Periods for Transit Operators: A) Time recovery layovers shall not be considered in calculating rest period compensation B) All straight, eight (8 0) hour or more shifts shall include a total of thirty (30) minutes of non -service rest period compensation C) Straight shifts shall be considered as split shifts when filled by more than one (1) employee and Section C below shall apply D) All split, eight hour (8 0) hour or more shifts shall include fifteen (15) minutes of non -service rest period compensation within each shift pieces One (1) 15 MINUTE rest compensation period shall be before and one (1) rest compensation period shall be after the shift split granted for each 3 75 hours of paid time E) All open work and special operations work shall include fifteen (15) minutes of non -service rest period compensation within each four (4) hour period of work F) Due to the nature of work performed by bargaining unit employees, the Union and the City agree that employees shall not have any meal period(s) AFSCME Local 1122 —Transit Page 33 of 45 otherwise required by law 33.2 Transit Dispatchers: A) Regular Hours The Employer shall establish each work schedule which shall provide for regular starting and quitting times for each work day B) Work Day Employees will be scheduled to a work day of eight (8 0) consecutive hours within a twenty-four (24) hour period C) Work Week The work week shall start on Monday and end on Sunday It shall consist of four (4) or five (5) consecutive days, with two (2) or three (3) days off D) Shifts Shifts shall be assigned by mutual agreement of the Dispatchers, however, seniority bid shall prevail where a consensus agreement cannot be reached. E) Working Out Of Classification Dispatchers may stand in for Transit Operators in limited emergency situations and break periods F) Uniforms The Employer shall provide uniforms for each Dispatcher commensurate with current Transit Division standard issue 33.3 Service Workers: A) Regular Hours The Employer shall establish each work schedule which shall provide for regular starting and quitting times for each work day B) Work Day Employees will be scheduled to a work day of eight (8) or ten (10) consecutive hours with a one-half (1/2) hour unpaid meal period within a twenty-four (24) hour period. C) Work Week The work week shall start on Monday, end on Sunday, and shall consist of four (4) or five (5) consecutive days, with two (2) or three (3) days off AFSCME Local 1122 —Transit Page 34 of 45 D) Uniforms The Employer shall provide service worker(s) with clean uniforms daily E) Foul Weather Gear: The Employer shall provide foul weather gear such as, but not limited to, coats, boots, and gloves for the Service Worker(s) 33.4 Vehicle Cleaners: A) Regular Hours The employer shall establish each work schedule which shall provide for regular starting and quitting times for each work day B) Work Day Employees will be scheduled to a work day of six (6) or more hours with a one-half (1/2) hour unpaid meal period within a twenty-four (24) hour period. C) Work Week. The work week shall start on Monday, end on Sunday, and shall consist of four (4) or five (5) consecutive days, with two (2) or three (3) days off D) Uniforms The employer shall provide vehicle cleaners with clean uniforms daily 33.5 Marketing and Program Administrator, Transit Project Planner, and Transit Office Assistant DA II: A) Regular Hours: These employees may or may not have regularly scheduled work hours B) Work Day: Eight (8) or ten (10) consecuthe hours with a one (1) hour unpaid meal period within a twenty-four (24) period. C) Work Week The work week shall start on Monday, end on Sunday, and shall consist of four(4) or five (5) consecutive days, with two (2) or three (3) days off. AFSCME Local 1122 —Transit Page 35 of 45 33.6 Route Supervisor: A) Regular Hours These employees may or may not have regularly scheduled work hours B) Work Day Eight (8) hours or ten (10) hours within a twenty-four (24) hour period. C) Work Week. The work week shall start on Monday, end on Sunday, and shall consist of four (4) or five (5) consecutive or non-consecutive days, with two (2) or three (3) days off D) Uniforms The Employer shall provide uniforms for each Route Supervisor commensurate with current Transit Division standard issue 33.7 Regular Transit Operators: A) Regular Hours The Employer shall establish each work schedule which shall provide for regular starting and quitting times for each work day B) Work Day Employees will be scheduled to a work day of (8 0 to 8 5) or (10 0 to 10 25) hours in a consecutive or non consecutive hours within a twenty-four (24) period C) Work Week The work week shall start on Monday and end on Sunday; and shall consist of fie (5) consecutive or non consecutive (8 0 to 8 5) hour days, with two (2) days off or four (4) consecutive or non consecutive (10 0 to 10 25) hour days with three (3) days off D) Uniforms The Employer shall provide uniforms for each _regular Transit Operator commensurate with current Transit Division standard issue AFSCME Local 1122 —Transit Page 36 of 45 33.8 Extra Board Transit Operators: A) Extra Board Transit Operators Scheduled Work It is recognized and expected that an Extra Board Transit Operator may be assigned work to fill in while regular Transit Operators are absent due to vacation, illness, or other cause, which may preclude the assignment of a specific work schedule and therefore they may not be considered to have a regularly scheduled work shift In the event they have a regularly scheduled work shift, the following shall apply Scheduled Regular Hours: The Employer shall establish each work schedule, which shall provide for regular starting and quitting time for each work day Scheduled Work Day Extra Board Transit Operator runs shall consist of a work day of (10 25) hours or less and may be for consecutive or non consecutive hours Scheduled Work Week. The work week shall start on Monday and end on Sunday and shall consist of up to five (5) consecutive or non consecutive work days The scheduled work week shall be scheduled to meet the needs of the Transit Division. Whenever possible, Extra Board Transit Operators shall be assigned to a specific work schedule not requiring split days off in a calendar week B) Extra Board Transit Operators Open Work: Open Regular Hours: The Employer shall establish each work assignment which shall provide for regular starting and quitting times for each work day Open work will be offered daily by seniority Open Work Day Known Leave Assignment; Previous Day Before 2 OOp m I. Full Shifts (a) Extra Board Transit Operator may accept by seniority any full shift that is available AFSCME Local 1122 —Transit Page 37 of 45 (b) Once an Extra Board Transit Operator accepts a full shift of eight (8 0) or more hours, no extra hours will be offered that day until all less senior operators have been offered a work assignment II Pieces of Open Work (a) An Extra Board Transit Operator may by seniority accept to choose a shift piece(s) of available open work. Open pieces of work that do not conflict may be combined to exceed 10 hours each workday A shift piece may be split only when needed to reach 40 hours for the week. (b) No piece of work will be split that does not leave at least two (2) hours available for another operator to work (c) In case of a piece of work getting assigned to two (2) operators in error, the regular operator will take the run and the extra board operator will have one of the two below listed options • Assigned other work to perform equal to the original hours for said day, or, • Perform a two (2) hour assignment and will have the first choice of any other work that becomes available during said day III Scheduled Assignments Less Than 8 0 Hours An Extra Board Transit Operator who has a regularly scheduled bid shift of less than 8 0 hours may accept extra work that does not conflict which may be combined to exceed 10 25 hours for that workday. IV Extra Hours When all available Extra Board Transit Operators have been offered a work assignment and there is still open work, the most senior available operator will be offered extra hours that could cause them to work more than 10.25 hours in a workday. V. If an employee fails to contact dispatch (and could have had an assignment) or decides to pass up a full shift, they will rotate to the least senior bidding position for the next day's "same day" assignments AFSCME Local 1122 —Transit Page 38 of 45 3 Same Day Work Assignment: I. Work becoming a \,ailable after 2 00 p m the previous day and/or piece(s) remaining from the previous night's assignments II. Work is offered by following the same guidelines outlined in 2) above to the most senior available employee who can work the shift(s) or piece(s) without loss of service An employee who passes up work shall rotate to the least senior bid position. III Open work that is offered to a temporary employee shall be split to accommodate an Extra Board Transit Operator who may be available to work a portion of that shift 4 Open Work Week. Any open work will be split as necessary on the day of the week in which the employee's cumulative hours total forty (40) hours (or as near 40 hours as possible) without leaving a remaining open work piece of less than two (2) hours C) Call To Report: When called to fill open work the following shall apply I Accepted work report time is one ( 1 ) hour from acceptance, and regular report rules apply 2 Arrk, al within the first one-half (1/2) hour after the shift starts will be paid from the start of the shift 3 Arrival after the first one-half (1/2) hour from the shift start time will be paid in quarter (1/4) hour increments rounded to the previous quarter (1/4) hour 4 All extra board operators must submit a leave request for the day(s) they wish not to be available (N/A) Standard leave request procedures will be followed D) Working over 40 Hours: An extra board operator may be assigned a full shift or complete shift piece that causes their accumulative weekly total to exceed 40 hours for the week. Such assignment shall not exceed 0 75 hours of overtime Such assignment will be offered only if no other combination of shifts are available to be worked that would give exactly 40 hours for the week AFSCME Local 1122 —Transit Page 39 of 45 E) Uniforms: The Employer shall provide uniforms for each Extra Board Transit Operator commensurate with current Transit Division standard issue 33.9 On Call Employees: On Call Employees will not be scheduled for a regular set shift, but rather, will be called to work to fill in during the absence of another employee On call employees will be entitled to the meal and rest periods provided for in the scheduled shift for which they are filling in. 33.10 Minimum and Maximum Shift: No employee will be scheduled to a regular shift of less than two (2) consecutive hours No employee shall be scheduled to a regular shift of greater than ten point two five (10.25) hours 33.11 Work Schedule Changes: Any overall, long term change in work schedules will be discussed between the Employer and the Union prior to implementation The Employer may change the regular starting and quitting times and the days worked in a week with five (5) work days notice prior to the effective date of the new schedule The five (5) work day notice may be waived upon written mutual agreement between Management and the Union. Although reasonable warning will be given whene\,er possible, the five (5) work day notice provision will not be required for temporary individual shift assignment changes which may be made only to colier for the absences of another employee due to termination, resignation, vacations, or sick leave Other than the reasons cited above, an employee's work shift shall not be changed to avoid payment of overtime when an employee is called to work outside that employee's regular work shift or called to work before the regular staring time or retained to work beyond the regular quitting time 33.12 Emergency Situations: The Employer shall determine when an emergency situation exists and an emergency shall be defined as a sudden, unexpected event which creates a situation endangering the public or employees' health and/or safety In the case of emergencies, management may make schedule changes as required to protect the public or employees without discussion with the Union or notice to the employees However, management will endeavor to preserve employee work schedules whenever possible AFSCME Local 1122 —Transit Page 40 of 45 33.13 Addenda Procedures: Recognizing the diversity of the work force in the Bargaining Unit, the Union and the Employer agree that other work week provisions may, from time to time, be required for various groups of employees It is therefore, agreed that alternative work week provisions may be adopted These alternative provisions will be adopted as written Addenda to this contract and will require approval of the City and the Union and a majority of the employees covered by the Addenda ARTICLE 34 - EXTRA BOARD TRANSIT OPERATOR 34.1 Telephone: Extra Board Transit Operator may, as a condition of their employment, be required to have a telephone in their personal residence so that they may be notified if they are needed to work on a particular day 34.2 Vacation, Sick Leave, and Holidays: Extra Board Transit Operator will accrue vacation and sick leave and shall be compensated for holidays at the accrual rate prescribed in this Agreement prorated to reflect the actual percentage of time worked In order to facilitate crediting to those accounts, permanent part-time, benefits will be initially assigned to 50%, 75°'0, or 100%, as determined by the appointing authority, of the accrual rate Employees' benefit accruals will be adjusted monthly to reflect actual benefit accrual rates Holiday and personal holiday time will be adjusted annually ARTICLE 35 - T DING WORK Employees may trade work with other employees in their same classification, within the same work week (Monday through Sunday), as long as the wage cost to the Employer does not exceed the wage cost had the trade not occurred Trading work will be limited to one (1) time per month per requesting driver and a maximum of six (6) trades per year per employee total, whether they are the requesting driver or the driver accepting the trade Once the trade is approved that now becomes each employee's new workday for scheduling purposes The employees shall give notice, on the official form, to the Dispatcher no later than 1 00 p m on the day prior to the earliest affected shift. ARTICLE 36 - "ROADEO" The Employer will encourage the participation of employees in bus and van "RO EOS" AFSCME Local 1122 —Transit Page 41 of 45 ART CLE 37 - ENTIRE AGREEMENT 37.1 This Agreement constitutes the complete and entire Agreement between the parties and neither the City nor the Union shall be bound by any requirement not specifically stated in this Agreement or applicable Civil Service rules, provided howe\,er that this Agreement shall be subject to such periodic modifications as may be voluntarily agreed upon in writing by the parties during the term hereof The parties are not bound by the past practices or understandings of the City or the Union unless such past practices or understandings are incorporated in this Agreement or executed in writing. 37.2 The City and the Union acknowledge that each party has had ample opportunity to submit proposals with respect to any subject or matter regarding wages, hours, and working conditions not removed from the collective bargaining process by law and agree that all said proposals have been negotiated during the negotiations leading to this Agreement The parties further agree that negotiations will not be reopened on any item during the life of this Agreement except by the mutual consent or as provided in R.0 W 41 56 492 ARTICLE 38 - SAVINGS CLAUSE 38.1 Applicability to and Compliance with Law: It is understood and agreed that all provisions of this Agreement are subject to applicable laws, and if any provision of any Article of this Agreement is held or found to be in conflict therewith, said Article shall be void and shall not bind either of the parties hereto, however, such invalidity shall not affect the remaining Articles of this Agreement. Notwithstanding any other provisions of this Agreement the parties may take all actions reasonable to comply with the Americans with Disability Act and the Family and Medical Leave Act. If the Washington State Health Services Act of 1993 or Federal Health Care legislation mandates changes to the Health/Care Fringe Benefits Article of this Agreement, then the parties agree to negotiate the effects of those mandated changes 38.2 Effects of Charter Civil Service Rule Changes: It is understood that, should modification of the Charter Civil Service Rules and Regulations take place during the contract period, the parties agree the CBA will be reopened, if requested by either party, to address each modification. ARTICLE 39 -TERMINATION This Agreement shall be deemed effective from and after the 1st day of January, 2013 and shall terminate on December 31, 2015, provided, however, that this Agreement shall be subject to such periodic changes or modifications as may be voluntarily and mutually agreed upon by the parties hereto during the term hereof AFSCME Local 1122 — Transit Page 42 of 45 EXECUTED THIS FOR THE UNION ARTICLE 40— EXECUTION DAY OF OCTOBER, 2013 FOR THE CITY OF YAKIMA Eddie Allen, Staff Representative Tony O'Rourke WSCCCE Council 2 Mike Nugent Local 1122 President John Berg, Local 1122 Bargaining Team Member Jim Hogenson, Local 1122 Bargaining Team Member ATTEST Sonya Claar Tee City Clerk AFSCME Local 1122 —Transit Page 43 of 45 Appendix A Page 1 of 2 City of Yakima Uniformed Transit Operator Commercial Driver License Medical Examination Declaration MEDICAL EXAMINER DECLARATION The City of Yakimprovides paid medicaexamination serviceto all employees who are required to have a Commercial Drivers License endorsement as an essential function of their job Your patient has selected to have you, their regular physician. complete this examination, at their own expense. I am a licensed physician in and conducted an examination of . a patient known to me, in order to determine their physical qualification for operating a commercial vehicle in accordance with the requirements of 49 CFR 391 41 -49 By signing below, I declare that I am familiar with the requirements and guidelines developed by the Federal Motor Carrier Safety Regulations in making my determination of qua|ifioadon, as well as the driver's responsibilities and work environment outlined in the introductory comments under "The Driver's Role" to4SCFR 391 41 I further declare that I have read and understand the "Instructions to the Medical Examiner" section of 49 CFR 391 41 including both the General Information and Interpretation of Medical Date Signature of Physician Printed Name of Physician AFSCME Local 1122 —Transit Page 44 of 45 Appendix A Page 2 of 2 City of Yakima Uniformed Transit Operator Commercial Driver License Medical Examination Liability Waiver RELEASE OF ALL CLAIMS, WAIVER OF LIABILITY, AND HOLD HARMLESS AGREEMENT I am a Uniformed Transit Operator for the City of Yakima who must maintain a valid Commercial Driver's License (COL) in order to operate any commercial motor vehicle I understand that I must be physically qualified to do so in accordance with the Physical Qualifications for Drivers standards as set forth in 49 CFR 391 31, and must obtain a medical examiner's certificate initially and for subsequent license renewals The City of Yakima provides paid medical examination services for this purpose As an alternative to the City provided examination, I am electing to utilize my regular physician for the screening and certificate at my own expense I acknowledge my obligation to fully represent all medical information to my evaluating physician, and to accurately disclose any medical information or condition to the physician, requested or not, to the best of my ability I FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF YAKIMA, AND ITS ELECTED OR APPOINTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS FROM ANY CLAIM, DAMAGE, COST OR LIABILITY RESULTING FROM, OR RELATED TO, ANY INTENTIONAL MISPRESENTATION OR ANY FAILURE TO ACCURATELY DISCLOSE WHAT I KNOW TO BE RELEVANT MEDICAL INFORMATION TO MY EXAMINING PHYSICIAN I agree to all of these terms on behalf of myself, my child (if applicable), my spouse (if applicable), my family, my heirs, my executors and personal representatives of my estate, and this Release of All Claims, Waiver of Liability, and Hold Harmless Agreement is binding on them I have read and understand the information in this Release of All Claims, Waiver of Liability, and Hold Harmless Agreement. Date Signature of Operator Printed Name of Operator AFSCME Local 1122 —Transit Page 45 of 45