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HomeMy WebLinkAboutFS 2013-12-03 Item 2D - Interlocal Agreement - Support Services with Metropolitan Park DistrictTO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: David Cline, City Administrator DATE: November 26, 2013 SUBJECT: Inter local Agreement for Pool Operations and Support Services ISSUE The Inter local Agreement for Support Services between the Tukwila Pool Metropolitan Park District (MPD) and the City of Tukwila (City) expires December 31, 2013. FINANCIAL IMPACT The current agreement has a fixed cost of $7,500 per month. There are two options for a new agreement; each option assumes costs will decrease to approximately $6,600 per month, mainly due to stabilizing support services. This $6,600 was originally based on the actual costs seen in May and June 2013. The new agreement (Attachment A) provides 1) Pool Operations and support services specific to pool operations; and 2) MPD Board support services specific to District operations. All of these services will be charged on an hourly basis, which will allow the City to recover all costs incurred for providing services and allow to the MPD Board more control over these expenses. The Pool Operations scope of work portion of the agreement (Exhibit 1) maintains the current staffing and programming model necessary to operate the pool; the MPD support services scope of work (Exhibit 2) provides MPD Board support services to operate the District. BACKGROUND The MPD and the City have extended the current Inter local Agreement three times: September 14, 2011: MPD entered into an Inter local Agreement with the City of Tukwila to provide support services. November 21, 2011: MPD signed Addendum No. 1, extending the Interlocal Agreement through January 15, 2013. January 7, 2013: MPD signed addendum No. 3 extending the agreement through July 15, 2013. April 29, 2013: MPD signed addendum No. 4 extending the agreement through December 31, 2013. The City of Tukwila is supportive of the Board's efforts to create a community pool and has appreciated being a full partner with the MPD Board as it implements its Vision - "To Provide a Sustainable and Efficient Pool that Exceeds the Community's Needs." There are many joint successes that we share, along with our community partners, in insuring that the pool remains financially sustainable and a community asset. W:12013 Info Memos-CounciPILA - CITY MPD Pool Operations and Support Services Memo 11 26 2013 rs dc.clocx 53 54 INFORMATIONAL MEMO ILA — CITY & MPD Pool Operations & Support Services Page 2— November 26, 2013 The City recognizes that the last two years have been a difficult time for some as the MPD, City, and community create a new model for managing and operating the pool. The City agrees with the Administrative and Program Assessment report completed by KJ Design (KJ Design Report), the report states: "One of our assessment findings should be stated up front. There is a great amount of support in the community given that the various groups want to see the pool excel and be successful." (pg. 6) The City is very supportive of this pool and wants to provide options for the MPD Board as it moves forward on how best to provide these services to the community. DISCUSSION The Interlocal Agreement (Attachment A) reflects updates to the previous agreement originally agreed upon by each party in 2011. The services in this agreement provide more details and hold the City more accountable. It also allows the MPD Board and the community to understand the full range of services the City currently provides to the MPD. Attachment B provides an overview of the scope of services offered by breaking down Exhibits 1 and 2 of the agreement. On the expenses side, it moves to a direct cost for services rather than the fixed rate model utilized in the previous agreement. This change will allow the City and the MPD Board to better manage costs in the future. The two options for consideration are a six-month or two-year agreement. A six-month agreement will provide necessary transition time to another service model for the MPD. A two- year agreement will provide stability to pool operations and allow time to implement recommendations from the KJ Design Report. The two options presented are based upon public conversations of the MPD Board, the City Council, the Mayor, and the KJ Design Report. Excerpts from this report are attached for the City Council's review in Attachment C. Excerpts are from the following sections, "Cost Review to Privatize Services for Current Support Services," and "Metropolitan Parks District Model of Governance Comparison," which evaluates operations of public, non-profit, and for-profit providers. Option A: Six-month agreement: The six-month agreement will allow the MPD Board time to create a request for proposal for pool operations and management, and choose an appropriate service provider. The six-month agreement would also provide time to transition services during the summer months, which may be an easier transition time for some partners. For example, the Tukwila School District currently sponsors two swim classes during the school day. The six- month time-frame allows adequate time for implementation and transition of services and would provide staff and other providers enough notice for this transition. The KJ Design Report devotes a section that reviews the different service models (called Governance Comparisons) from public, non-profit and for profit providers, see pages 51 to 56 for details. Option B: Two-year agreement: The two-year agreement is based on the recommendation from the KJ Design Report. The agreement allows for stability of current services and provides the MPD Board, the community, and City staff, who provide these services, time to implement many of the recommendations contained within report. As stated in the KJ Design Report, "Overall, the Tukwila Pool is very well operated and programmed, but has room to grow." (pg. 17) "Given the City's decade of experience operating the pool and the associated support services being provided, the task of privatizing all of the support services is unrealistic. The City provides a unified government approach with combined services. Multiple private firms providing support services may not understand the big picture W:12013 Info Memos-Council \ ILA - CITY MPD Pool Operations and Support Services Memo 11 26 2013 rs do.docx INFORMATIONAL MEMO ILA — CITY & MPD Pool Operations & Support Services Page 3— November 26, 2013 including the requirements that City services are already aware of, like public disclosure and public records requests." (pg. 49) In reviewing alternative providers of services, the report states, "We do not know of a single commercial firm that we would highly recommend as a pool operator in this region." (pg. 56) At the end of the report, the consultants recommend, "It is imperative that the City Parks and Recreation department have at least 2 years to implement our suggestions, specifically marketing and advertising the facility." (pg. 61) At the MPD Board Meeting on November 18, the Board requested that the MPD Attorney Brian Snure review the agreement and provide his comments. Also, some MPD Board members offered to provide comments and changes to the agreement prior to final adoption. These comments and changes are expected to be incorporated into the discussion at the Council of the Whole meeting on December 9. Review of Costs for Agreement Attachment D graphically shows the cost associated with the Support Services contract for 2012 and 2013. When the 2014 budget was established in June, it was believed that the support services effort and the associated costs would continue to trend down and balance the costs for the year at an average cost of $7,500 per month. An average cost for May and June 2013 was used to establish the 2014 recommended budget of $6,600 per month. However, the decreased support trend was not sustained with the additional work effort needed to prepare for the Board meetings. The new contract is set up to provide a consistent level and support for pool operations with an additional scope for MPD support that can be provided as agreed upon between the City and the MPD. This arrangement will allow for better time management for the City and cost control for the MPD. It is the City's expectations that with the MPD Board hiring an Executive Director to fulfill many of these administrative functions, that the City's costs will significantly decrease. For example, the City is assuming that City staff will not be necessary to attend all of the MPD Board regular meetings. RECOMMENDATION No recommendation. The Finance & Safety Committee should discuss these options and provide direction. A final agreement will need to be moved to the Council of the Whole and Special Regular meeting on December 9 to insure that there is no break in services to the MPD. ATTACHMENTS A. Interlocal Agreement B. Scope of Services Overview C. Excerpts from KJ Design Report D. Summary of Costs for 2012-2013 W:12013 Info MemossCounalLA - CITY MPD Pod Operations and Support Services Memo 11 26 2013 no do doss 55 56 DRAFT— November 26, 2013 Attachment A INTERLOCAL AGREEMENT FOR SUPPORT SERVICES BETWEEN THE CITY OF TUKWILA AND THE TUKWILA POOL METROPOLITAN PARK DISTRICT In accordance with the Interlocal Cooperation Act (RCW 39.34), the City of Tukwila ( "Tukwila ") and the Tukwila Pool Metropolitan Park District ( "TPMPD "), both of whom are Washington municipal corporations, hereby enter into the following agreement: I. RECITALS Tukwila and TPMPD, through their respective legislative bodies, have declared their intent to create a relationship whereby TPMPD contracts for support services from Tukwila; and Tukwila and TPMPD recognize that the cost savings from shared support services greatly outweighs the increased facility and administrative expenses in creating and maintaining separate facilities and accounting practices associated with the operation of the City of Tukwila Pool and related services; Now, Therefore, Tukwila agrees to provide, and TPMPD agrees to pay for, support services to facilitate the operation of TPMPD and the City of Tukwila Pool: II. AGREEMENT 1. Term of Agreement and Renewal. 1.1 Term. This Agreement shall be valid from the Effective Date set forth in Section 4.1 of this Agreement until DATE. 1.2 Renewal. This Agreement may be renewed only by written agreement of both Parties. 2. Scope of Work. 2.1 Pool Operations Scope of Work. Pool Operations are necessary duties to operate the Pool. Duties shall be performed by the incumbent identified by job title(s), however the City Administrator may delegate responsibilities based on staff availability and organization needs. Tukwila shall provide the duties as needed described in "Exhibit 1" for the TPMPD. Pool staff shall remain City employees. The TPMPD agrees to adopt and enforce the City's policies and procedures related to employee safety, pool behavior and workplace harassment. 2.2 Support Services Scope of Work. Support Services are performed by Tukwila staff to provide support to the TPMPD. Duties shall be performed primarily by the incumbent identified by job title, however, the City Administrator may ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) 11 26 2013 rs docNOStnke- thru.docx 57 DRAFT— November 26, 2013 delegate responsibilities as needed based on staff availability and organizational needs. Tukwila shall provide duties as needed and requested by the Board President or designee described in "Exhibit 2" for the TPMPD. 2.3 Support Services Cost Basis. TPMPD shall pay Tukwila for providing support services based on the hourly wages and benefits of City staff and their time providing support services, plus 10% for overhead expenses. Support Services will cost approximately $6,600 per month; however nothing in this agreement limits Tukwila's ability to invoice more than $6,600 per month. 2.4 Monthly Invoice. Tukwila shall provide to TPMPD a monthly invoice for support services and pool operations services provided to TPMPD no later than 15 business days after the end of each month. Payment shall be due from TPMPD 30 days from the date of invoice and made payable to the City of Tukwila. 3. General Provisions. 3.1 Effective Date. This Agreement shall be effective upon ratification by each Party's governing body and execution by TPMPD's Board President and the Mayor of Tukwila. 3.2 Amendment. This Agreement may be amended only upon the consent of both Parties. Any amendments shall be in writing and shall be ratified and executed by the Parties in the same manner in which this Agreement was originally adopted. 3.3 Waiver. The waiver by any party of any breach of any term, covenant, or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same term, covenant, or condition of this Agreement. 3.4 Severability. If any provision of this Agreement shall be held invalid, the remainder of the Agreement shall not be affected thereby. 3.5 Entire Agreement. This Agreement represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. 3.6 Counterparts. This Agreement shall be effective whether signed by all Parties on the same document or signed in counterparts. ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) 11 26 2013 rs docNOStdke- thru.docx 58 [- 2 -] DRAFT— November 26, 2013 3.7 Notices. Any notice to be provided under the terms of this Agreement, shall be delivered by certified mail, return receipt requested, or by personal service to the following: For Tukwila: For TPMPD: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 President TPMPD 6200 Southcenter Blvd. Tukwila, WA 98188 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. CITY OF TUKWILA By: Jim Haggerton, Mayor Dated: Attest: Christy O'Flaherty, City Clerk Approved as to Form: Shelley M. Kerslake, City Attorney Attachment: Exhibit 1: Pool Operations Scope of Work Exhibit 2: Support Service Scope of Work ILA — City & MPD Pool Operations and Support Services TUKWILA POOL METROPOLITAN PARK DISTRICT By: Title: Board President Dated: Attest: Title: Clerk of the Board Approved as to Form: Brian Snure, Attorney for TPMPD ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) 11 26 2013 rs docNOSldke- thru.docx [- 3 -] 59 DRAFT— November 26, 2013 Tukwila Metropolitan Park District Pool Operations Scope of Work Exhibit 1 The following details duties which are performed by City of Tukwila staff to ensure safe operations and programming at the Tukwila Pool. xat Pool Program Operations. These services are billed to the MPD salaries, benefits, and Extra Labor budget. 1. Staff Scheduling: Scheduling staff is based upon anticipated pool users and scheduled programs, classes, and /or lessons. 2. Pre - Service Training and Orientation: Provide pre- service training and orientation to new employees. 3. In- Service Training: Provide scheduled in- service training and required drills to ensure staff respond efficiently in emergency situation. 4. Procedures Manual: Maintain a comprehensive Procedures Manual. 5. Outreach and Communication: Implement marketing plan and outreach initiatives. 6. Pool Scheduling: Staff shall plan and schedule pool use to accommodate the MPD's mission, vision and goals. 7. Customer Service: answer questions; facilitate registrations, facility rentals, and general inquiries. 8. Pool Program and Event Implementation, examples include: • Lap Swim/Family Swim • Open Swim • Gender Specific Swim • Group Swimming Lessons • Private Lessons • Teen Late Night • Rental - Private Party • Rental - Aquatics Teams • Rentals for Specialized Aquatics Activities • American Red Cross Lifeguard Training • American Red Cross Water Safety Instructor Training • Vertical Exercise • Water Walking • Water Aerobics • April Pools Day • Floating Movie Nights • Other Programs and Events as determined 2. Pool Facility and Maintenance Operations. These services are billed to the MPD salaries, benefits, and Extra Labor budget. 1. Obtain Health Department Permit for the pool facility and follow WAC 246 -260 for Water Recreation Facilities (WRF). 2. Maintain current pool operator certifications. ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) 11 26 2013 rs docNOStrike- thru.docx 60 [- 4 -] DRAFT— November 26, 2013 3. Maintain proper water quality using appropriate disinfection and water balancing practices. 4. Follow and comply with all regulations and guidelines for public swimming pools. 5. Respond to pool water contamination issues according to Health Department Regulations. 6. Perform safe chemical handling techniques. 7. Maintain a balanced level of disinfection in the pool and conduct regular pool water tests every three hours according to Health Department Regulations. 8. Perform routine chemical dosing calculations and add chemicals as necessary to adjust and maintain the Langelier Saturation/Calcium Saturation Index of the water to prolong equipment life. 9. Perform routine water tests and cross reference the automated chemical feed system and make changes as necessary. 10. Work closely with the Health Department as needed. 11. Maintain the filter system through routine backwashing and filter grid cover replacement. 12. Maintain pool cleanliness and appearance through routine pool vacuuming and brushing. 13. Maintain boiler systems and complete safety checks on boilers to ensure code requirements for pressure vessels is being followed in accordance with state regulations. 14. Ensure back -check valves are tested and inspected annually. 15. Ensure facility is Virginia Graeme Baker Pool and Spa Safety Act (VGBA) compliant. 16. Ensure facility meets requirements of the Revised Americans with Disability Act (ADA). 17. Ensure facility meets code requirements for water access and water safety. 18. Conduct routine inspections and maintenance of both mechanical and operational equipment: diving board, slides, lane lines, extension poles, basketball hoop, pool covers, guard chairs, handrails, pool stairs, chair lift, natatorium doors, rescue equipment, pace clocks, pumps, boilers, chemical feed system, motors, air handling units (AHU) belts and filters, valves, make -up water systems, water and sewer meters, lighting, electrical systems, domestic plumbing (toilets, showers, sinks, hose spigots, drinking fountains) pool water plumbing, boiler system plumbing, lockers, partitions, dispensers, janitorial equipment. 19. Ensure facility cleanliness and appearance through daily janitorial cleaning. 20. Maintain janitorial supplies inventory, equipment and provide training to staff on daily cleaning procedures. 21. Perform routine deep cleaning of various components and equipment of the facility. 22. Perform various maintenance repairs as needed. 23. Maintain current signage according to Health Department Regulations. 24. Maintain current Material Safety Data Sheets (MSDS) for all chemicals and post information following Health Department Guidelines. 25. Maintain accurate and detailed records of pool water chemistry, Langelier Saturation/Calcium Saturation Index, pump pressure and vacuum gauges, boiler system logs, chemical dosing, utility consumption, air and water temperatures, water quality, general facility safety. ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) 11 26 2013 rs docNOStrike- ihru.docx [ -5 -] 61 DRAFT— November 26, 2013 26. Create and maintain a preventative maintenance plan and implementation schedule for all systems and equipment in the facility. 27. Develop and continually update an Emergency Action Plan (including site plans, evacuation procedures and facility shut -down procedures) for facility equipment in conjunction with pool operations plans and procedures. 28. Inform pool staff of any known unsafe conditions. 29. Maintain a clean and presentable appearance to the public, respond respectfully and appropriately to pool patrons' concerns and issues and conduct trainings for pool staff. 30. Manage multiple maintenance contracts (HVAC, Fire Alarm, Burglar Alarm, Backflows, Boilers) coordinate with contractors (repairs and emergencies), and purchase from supplies vendors (operating supplies, pool chemicals, janitorial products, maintenance supplies, equipment supplies, replacement parts). 31. Ensure safe water for swimming by heating it, treating it, testing it, filtering it, and balancing it. 32. Respond and troubleshoot any situation that comes up (i.e. colored water, cloudy water, boiler failure, temperatures cold in water, air or showers, pump failure, water chemistry issue, vomit and/or fecal incident, water leaks, fire alarm, burglar alarm, power outage, and any emergency situation (see Exhibit B — Pool Operator Response Scenarios below for examples) by providing 24hr callout service. 3. Technical Support. Services provided on an as needed basis. These services are billed as a support service based upon the hourly wages and benefits of City staff and their time incurred providing support services, plus 10% for overhead expenses. 1. Perform essential calculations for both liquid and solid forms of measurement. 2. Respond to pool water contamination issues according to Health Department Regulations. 3. Calculate dosing requirements for any and all chemicals to be used in the pool. 4. Perform routine chemical dosing calculations and add chemicals as necessary to adjust and maintain the Langelier Saturation/Calcium Saturation Index of the water to prolong equipment life. 5. Deal with water problems (poor circulation, cloudy water, colored water, algae, stains, scale, and foaming water). 6. Operate, interact, manipulate and calibrate the computerized chemical feed system. 7. Provide information on water circulation, flow rates, filter sizing, surge tanks, float valves, make -up water valves, entrapment issues, surface water removal vs. main drains, pump influence and effluence, filter vacuum, parts and maintenance of pumps and motors, cavitation, variable frequency drives, valves, piping, and health department codes when needed. 8. Provide information on pool filtration systems; filter rates, different forms of filter media, calculating filter system sizing and requirements, and maintenance of filter systems when needed. 9. Make adjustments to maintain air quality and energy loss in accordance with aquatic industry standards, and Health Department requirements 10. Proficient with WebCNTRL software to be able to monitor, test, adjust, schedule, troubleshoot, and track, all facility systems and equipment. 11. Monitor and maintain surveillance system for reception desk tills. ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) 11 26 2013 rs docNOSidke- thrv.docx 62 [ -6 -] DRAFT— November 26, 2013 4. Pool Grounds and Landscaping. These services are billed as a support service based upon the hourly wages and benefits of City staff and their time incurred providing support services, plus 10% for overhead expenses. 1. Mow turf areas weekly or as needed — Approximately March to October. 2. Weed flower beds weekly — March to October. 3. Fertilize 2 times per year — spring & fall. 4. Spray broadleaf herbicide as needed to keep weeds away. 5. Rake and dispose of leaves — seasonally. 6. Empty waste receptacles weekly (or more) — year - round. 7. Keep areas around gas meter and oil tank weed free. 8. Blow off walkways and other hard surfaces after mowing and /or as needed. 9. Spread de -icer when walkways are icy. 10. Annual tree and shrub pruning. The City of Tukwila's Human Resources Department coordinates the recruitment process of all MPD employees, manages employee records and administers a benefits program. Below details duties involved within each task. These services are billed as a support service based upon the hourly wages and benefits of City staff and their time incurred providing support services, plus 10% for overhead expenses. . Employee Recruitment: 1. Route Personnel Requisition Form for signatures 2. Create job posting from job classification 3. Advertise jobs 4. Review all applications for possible candidates to interview 5. Coordinate interview panel and schedule interviews, as needed. 6. Administer testing if needed 7. Deliver tentative offer of employment 8. Conduct reference check to include SSCI background check on all finalists 9. Make final offer of employment or rescind tentative offer 10. Prepare employment forms and create personnel file 11. Schedule orientation for employee to complete forms 2. Maintenance of Employee Records 1. Data gathering. 2. File maintenance and retention. 3. Processing and recording Personnel Actions. 4. Key Card Access Processes. ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) 11 26 2013 m docNOStrike- thm.docx [- 7 -] 63 DRAFT— November 26, 2013 3. Benefit Administration 1. Coordinate health, dental and vision benefits for full -time employees. 2. Implement employee wellness program. 3. Coordinate retirement benefits. 4. Facilitate employee training and education tracking. 5. Coordinate industrial insurance, manage worker's comp claims. 4. Personnel Policies and Procedures 1. Implement City personnel policy and procedures manual. 2. Research and analyze City policies. 3. Review policies. 4. Implement policy training as needed. The City of Tukwila provides hardware and software to the MPD, including computers, printers, telephones, and important software to ensure efficient operations of the Pool. Technological services and support is provided by the City's Information Technology (IT) Department. These services are billed as a support service based upon the hourly wages and benefits of City staff and their time incurred providing support services, plus 10% for overhead expenses. The following is performed on an as needed basis 1. Telephone Support The Mitel phone system is utilized throughout the City of Tukwila, including the Tukwila Pool. The Voice Over IP system (VOIP) (versus analogue system provides interconnectivity throughout City Departments. 2. Cell Phones: The MPD has 2 cell phones serviced by Verizon; each cell phone utilizes the negotiated contract pricing the City receives through the Washington State Cooperative Agreement (WSCA) contract. 3. Hardware: The MPD utilizes hardware such as central processing units, monitors, printers, routers, switches, card scanners, cash drawers, cabling and fiber wiring owned by the City of Tukwila. The IT department provides support and replacement on an as needed basis. 4. Network and Servers: The MPD utilizes server space on the City's servers and network. This includes storage for email, home directory documents, CLASS (point of sale and registration software), and includes network services such as virus checking, spam filtering, routers, hubs, switches and wiring for connectivity. This allows Pool staff and City staff to share files, and take advantage of a multitude of network capabilities. 5. Software The MPD email is currently using the City's email system licensed under the Microsoft Enterprise Agreement. The MPD utilizes CLASS software and shares a license with the City. CLASS is the Recreation Management System used for Point of Sale (POS), program registration, facility booking and participant database. The license is not transferable. WebCTRL is software utilized for communication with the pool controls and water system, this software is currently controlled by the City (for firewall protection) ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) 11 26 2013 rs docNOStdke- thru.docx 64 [ -8 -] DRAFT— November 26, 2013 however could be easily released in the future if needed.IT staff and Parks and Recreation Staff troubleshoot on an as needed basis. 6. Printers: The MPD utilizes three printers that are maintained by the City on an as needed basis. 7. Website: The current MPD Website was designed, coded and then converted into a WordPress template for ease of use. The IT department coordinates hosting and domain renewal for the tukwilwapool.org website. 8. Maintenance: The IT department provides overall maintenance to equipment and software on an as needed basis. ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) 11 26 2013 rs docNOStrike- thru.docx [ -9 -1 65 DRAFT— November 26, 2013 Exhibit 2 Tukwila Metropolitan Park District Support Services Scope of Work Support Services are performed by City of Tukwila staff to provide support to the TPMPD as requested by the Board President or designee. All of these services are billed based upon the hourly wages and benefits of City staff and their time incurred providing support services, plus 10% for overhead expenses. kr, 400 Administrative services performed by the City Clerk's office includes: Records Management: Organize and maintain District records and files according to state archive requirements: 1. Provide guidance and direction to staff on retention and disposition of records. 2. Keep staff up -to -date on changes to laws and State retention schedules. 3. Directly responsible for retention of records such as resolutions, contracts, and meetings and hearings (agenda packets, meeting minutes, legal notices, audio recordings) in accordance with State retention schedules. 4. Public Records Requests: Process and respond to public records requests as needed and maintain database. If a request is received, the following steps are involved: Review and distribute the request; set timelines based on 5 -day legal requirement; request Board attorney review of any responsive records to ensure exempt items are logged per RCW 42.56; assemble and copy documents; assess charges; compose fulfillment correspondence to requester. 2. Contracts /Recorded Documents /Claims /Litigation/ Bids, etc.: 1. Contracts: Review for accuracy and completeness; collect signatures and distribute. 2. Claims /Litigation: Accept and route claims for damages and litigation filings and appeals. 3. Recorded Documents: Transmit documents to King County Recording Office; pay fees and track until the documents are returned; scan into the Digital Records Center; file paper document. 4. Bids: Review and publish bids based on legal requirements. Provide services to accept secure bid documents per State law and open bids from vendors, as needed. 5. Elections: Coordination with King County Elections as needed in conjunction with ballot measures. 3. Composition and Distribution of Minutes from MPD Board Meetings: 1. Staff support at MPD meetings, with responsibility for operation of recording system, parliamentary procedures, providing assistance to Commissioners and members of the public and collecting speaker sign -up sheets and any other information distributed at the meeting for inclusion in the public record file. 2. Upload and index audio recording of meetings into the Digital Records Center. Label and file CDs. 3. Prepare meeting minutes, distribute draft to City and MPD staff for review, make changes as needed, and provide copy to Commissioners for review. 4. Provide final copy of minutes to Commissioners under "Consent Agenda" item at next Board meeting and collect signatures. ILA — City & MPD Pool Operations and Support Services [- 10 -] ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) 11 26 2013 rs docNOStrike- thru.docx 66 DRAFT— November 26, 2013 5. Scan and index signed minutes and index into the Digital Records Center for availability to staff and the public, file paper copy for long term records retention. 4. MPD Board Meeting Facilitation: 1. Prepare meeting rooms: Arrange tables, podium, place microphones and run cords as needed. 2. Set up information for the public including agenda packets and speaker information. 3. Arrangements nameplates, gavel, cups and water pitchers on the dais. 4. Set up recording device. 5. Return the above items to storage after meeting and return room to its original configuration. 5. Notice meetings: 1. Monitor draft agendas for awareness of any public notice requirements (i.e. special meetings, public hearings, executive sessions). 2. Submit required notices to newspaper for publication and distribute to notification list and post per legal requirements. 3. Scan notices and index into the Digital Records Center and name intuitively for easy access. Distribute electronic and paper copies and file paper copies. 4. Track affidavits of publication and file per legal requirements. 6. Collect agenda items, prepare agendas, and prepare meeting packets and agenda items: 1. Maintain tentative agenda templates and populate with agenda item information as provided by staff. 2. Distribute draft agenda to applicable staff the week prior to each meeting, including information on deadlines for submission of agenda packet materials. 3. Review agenda packet submissions for completion and accuracy, and contact staff as needed for revisions. 4. Create agenda face sheet. 5. Produce draft and final versions of resolutions. Review for content and accuracy and complete resolution tracking sheet. Ensure draft resolutions are reviewed by the Commission Attorney. 6. Create Info Memos for agenda items and craft new resolutions as needed. 7. Provide agenda packet materials to City Administrator and Board President for review. 8. Participate in agenda review meetings and make changes to materials (or contact staff) as needed. 9. Produce and distribute monthly agenda packets for Commissioners, staff and public. Production process includes review of materials for content and sequencing (including page breaks and inclusion of color inserts as needed), scanning or importing of documents into the the Digital Records Center, electronic enhancement or resizing of images, electronic page numbering, generate searchable text, intuitively name agenda items, email link to packet materials, production of 20 paper packets for Board members and the public. ILA — City & MPD Pool Operations and Support Services [- 11 -] ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) 11 26 2013 rs docNOStrike- thnr.docx 67 DRAFT— November 26, 2013 04W , Aer',5,,e$1"'"V 't4 740 ONS3.. P7Alat.A.404/21R00044,4*A4 A k* AO, (4,& 91,""te tire Pie Ofel:044" Wig,P$PANV "Ow. 1,00*" • prege,74:N*464s4NA44(6/WW% I Pr4Y -44N11ASAP1 ).4)4 44'4444-71 14, 11,1404, 4,44' ," 4 Yr* ^," Provided by the City of Tukwila's Finance Department: 1. Provide Risk Management Administration: 1. Obtain insurance through the Washington Cities Insurance Authority (WCIA). 2. Coordinate annual insurance audit. MPD Treasurer meets with WCIA representative and reviews coverage and prior year claim results. 1 Report as necessary to insurance authority: provide incident and accident reports and perform necessary follow-up. 2. Accounting Services, Recording, Reporting: 1. Annual reporting: prepare and distribute annual financial reports including to MPD Board. 2. Prepare Schedule of Financial Assistance (for grants received by the MPD) to the State Auditor's Office. 3. Support State Auditor's Office with annual audit, as requested. 4. Maintain accounting records and prepare reports including: expense reports, revenue reports, quarter payroll detail reports and other reports as requested. 5. Prepare and submit Department of Revenue monthly excise tax return. 6. Provide semi-monthly payroll processing and file necessary monthly, quarterly, and/or annual payroll reports and returns. 7. Provide general accounting services and reports to the Board on the status of TPMPD funds. 8. Provide accounts payable services, payment of invoices and purchasing card administration. 9. Provide daily revenue recording, receipting, banking, and credit card reconciliation activities. 10. Liaison with King County. Finance staff work with King County as they collect property taxes on behalf of the MPD. Property taxes are electronically transferred 2— 3 times a week. Journal entries are prepared on a weekly basis to record the receipts in Eden (City's accounting software). County reports on property taxes must be reconciled at least annually to ensure proper accounting. 11. Prepare annual resolutions for property tax collections and file with King County. 12. Invest excess funds as available. 13. Provide support to Parks and Recreation Staff for grant funding and tracking to ensure all granting requirements are satisfied. Perform monthly bank account reconciliation. 14. Fixed asset accounting. Tracking and documenting costs of/for assets, calculating depreciation and list on financial statements. Asset counts are required on a periodic basis. 15. Retain all records for the MPD in accordance to the WA State records retention schedule. Records are destroyed when the schedule allows and proper documentation is prepared to record what records are destroyed and when. 16. Prepare and present annual budget in coordination with Parks and Recreation Department. 17. Prepare and update 5 and 20 year plan in coordination with Parks and Recreation Department. ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pod Operations and Support Services Attachment A (Scope) 11 26 2013 rs docNOStake-thru.doco 68 ]- 12 -] DRAFT— November 26, 2013 Provided by the City of Tukwila's Parks and Recreation Department: 1 Supervise Pool staff and daily operations performed at the Tukwila Pool as detailed in Exhibit 1. 2. Coordinate support services with City of Tukwila's Finance Department, Human Resources Department, Information Technology Department and City Clerk's Office. 3. Support Assistance to the MPD Board, as needed. 1. Attend quarterly meetings, as needed 2. Attend annual MPD Board retreat, and annual budget workshop, as needed. 3. Prepare long -term agenda for MPD Board by forecasting MPD annual needs. 4. Research and prepare informational memos, documents, reports and presentation to the MPD Board. Examples include: 1.Annual budget development, presentation, and monitoring. 2.Financial plan development, monitoring and updating. 3.Capital Improvement Plan development and planning. 4.Fees analysis: research, report, and presentation. 5.Request For Proposals, example: RFP for Legal Services document 4. Capital Project Management 1. Prepare bid documents and coordinate bid processes (RFP, RFQ etc.). 2. Prepare and execute contract documents, change orders, amendments, invoicing 3. Oversee Project: Document progress, attend construction meetings, and provide direction and input. 4. Prepare reports: progress reports, financial reports. 5. Prepare and present project closeout documents. 6. Manage and coordinate warranty work related to capital projects, as needed. ILA — City & MPD Pool Operations and Support Services ILA - CITY MPD Pool Operations and Support Services Attachment A (Scope) 11 26 2013 rs docNOStrike- thnt.docx [- 13 -] 69 70 Attachment B Scope of Services Overview Pool Operations & Support Services Scope of Work "Exhibit 1" MPD Support Services Scope of Work "Exhibit 2" Brief Description Type of Charge Pool Operations and Services to support operations of the Tukwila Pool Services to support the TPMPD Direct charge to MPD Salaries, Benefits and /or Extra Labor, and Hourly charge to MPD for Support Services (indicated w/ *). Hourly charge to MPD — Support Services Budget Specific Duties Provided by Parks and Recreation Dept. • Aquatic Facilities Operator • Lifeguards & Swim Instructors • Pool Programming • Pool Custodial & Maintenance • Pool Equipment Maintenance Provided by City Clerk • Records Management • Contracts /Recorded Docs /Claims /Bids • Minutes composition and distribution • MPD Board Meeting Facilitation • Notice Meetings • Agenda preparation and distribution * Provided by Information Technology Dept. • Telephone /Cell Phone Support • Hardware /Software Support • Network and Servers • Printers • Website • Equipment Maintenance Provided by City Finance Dept. • Risk Management Administration • Accounting Services • Recording & Reporting *Provided by Human Resources Department • Employee Recruitment • Employee Records • Benefit Administration • Personnel Policies & Procedures Provided by Parks and Recreation Dept. • Coordinate Support Services • Provide Operational Reporting to Board • Capital Project Management • Supervise Pool Operations • Supervise Pool Management Staff *Provided by Parks and Recreation Dept. • Pool Operations Supervision • Technical Support • Pool Grounds and Landscaping 71 72 Attachment C KJ Design, LLC Tukwila Pool Administrative & Program Assessment For the Tukwila Metropolitan Park District 'Authored by Kevin & Karen Johnston !NAT 11_ A ht DESIGN 73 Cost Review to Privatize Services for Current Support Services The Parks & Recreation department has put forth a tremendous effort to document the necessary City support services that are utilized to operate the pool for the MPD. These support services include Recreation and Aquatic Support Services, Financial Management, Human Resources, Administrative Services, Information Technology, and Pool Maintenance Operations as outlined in the Pool Operations 101 document prepared by Rick Still. Are the support services provided by the City worth the $79.2K budgeted for 2014? Given the extensive outline in the Pool Operations 101 document, you may be hard pressed to equate the true value using private services. It is presumed that contracting for these services would require different companies for each category. Is it realistic to expect a competent pool management company to provide complete IT, phone and technology services? Along the same lines, is it possible for a custodial maintenance service to adequately provide human resource, payroll and accounting services? Given the City's decade of experience operating the pool and the associated support services being provided, the task of privatizing all of the support services is unrealistic. The City provides a unified government approach with combined services. Multiple private firms providing support services may not understand the big picture including the requirements that City services are already aware of, like public disclosure and public records requests. The facility manager would ultimately be tasked with ensuring that the negotiated contracts are being executed correctly. 49IPage 74 Metropolitan Parks District Model of Governance Comparison Definition of Governance Styles There are three types and a combination of governance styles: Public, non - profit and for- profit operations or a combination of these in the form of a public - private partnership. These three types all deliver recreational services, but vary based on their philosophical orientation. Publicly operated parks and recreation services are based on providing these services for all citizens for the benefit of the community as a whole and in the interest of the public good. Historically, swimming pools operated by the public sector are typically subsidized at fifty percent of their operational budget, through the municipal government's general fund. In reality, it is a swinging pendulum of support between forty and sixty percent. The subsidy is justified by the governing body (1) by ensuring that prices are accessible for most of the citizens, (2) to specifically provide needed services for the disadvantage in terms of income, ethnicity, age (youth & elderly) and for individuals with disabilities at reduced rates and (3) through societal values in terms of increased public safety through learn to swim programs and their direct and indirect abilities to reduce drowning rates within a community. The greatest advantage of publicly operated swimming pools is the commitment by the public sector to provide the services to all for the common good. The fact that the citizens share some of the burden of the costs associated with its operation validates this purpose further. Publicly operated pools maintain a high standard of care in terms of water quality and code compliance, crucial to the health and safety of an aquatic operation. Non - profits have a similar purpose related to the common good, although not for an entire community, but for the good of the individuals that are attracted to the non - profits altruistic purposes. "The exempt purposes set forth in section 501(c)(3) are charitable, religious, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition, and preventing cruelty to children or animals (IRS, retrieved Sept 9, 2013, http://www.irs.gov / Charities - &- Non - Profits /Charitable- Organizations/ Exempt- Purposes - Internal- Revenue - Code - Section- 501 %28c %29 %283 %29)." Stevens (2010) describes non - profits as "community based organizations that provide recreation services, mainly for children and youth. Founded as private, non - profit organizations beginning around the mid- 1800's to meet social service needs. Social services are activities and programs designed to promote people's social well- being, and they are provided by philanthropic organizations (p 30)." A for - profit or commercial recreation business is defined in the textbook Introduction to Commercial Recreation and Tourism as "The provision of recreation related products or services by private enterprises for a fee, with the long term intent of being profitable (Crossley, Jamieson & Brayley, 2007, p 8)." Privately owned for - profit businesses make money by specifically catering their recreation goods and services to a target market that has the ability to pay fair market prices in a competitive system (Stevens, 2010). 51 I P a 75 In the recent past, there has been a movement to commercialized public recreation. There are very few examples of successful aquatic operations in this region under this philosophical orientation. The two closest aquatic venues which have consistently shown promise as commercialized public recreation operations are The Sequim Aquatic Recreation Center and Renton's Henry Moses Aquatic Center. The Sequim Aquatic Recreation Center, ran by the Clallam County Park and Recreation District, has been one of the few year -round indoor aquatic operations to run without any public subsidy for their complete operations. The building was originally built with a $2.8 million general obligation bond and was subsidized seven of its first eight years of operation before becoming a complete tax free operation. Today, the 30,000 square foot multipurpose aquatic recreation center generates approximately $900K per year from both admissions /memberships and per capita spending. Renton built the Henry Moses Aquatic Center as a full scale community based outdoor waterpark with a general obligation bond that funded its construction. Over the past decade, it has been able to generate the necessary revenue to covers it seasonal operation costs. A number of things combine to make both these aquatic operations profitable: • their physical location in their communities • the specific demographics of the community, which are significant factors of the people buying the services • large regional draw to their facilities • the uniqueness of their offerings • membership based with higher than average prices and affluent users • extensive marketing efforts over time Public- private partnerships have been used to operate a number of pools in the region. The private partner could be a for - profit commercial recreation business or a non - profit entity. There are a few examples of public - private partnerships in this region that municipal governments have used to operate the swimming pools within their community. A couple of examples are: • the non - profit Northwest Center operated Mercer Island's Mary Waite Pool • the Aquatic Management Group's operation of Mount Rainer Pool in partnership with the Des Moines Pool Metro Park District and the Kent Meridian Pool in partnership with the City of Kent. There are examples of municipal pools being operated by the local YMCA under a partnership agreement in the Northwest, but none that we are familiar with in the King County area. The Eastmont Pool in Wenatchee, WA, the Twin Falls, Idaho and the \Nest Boise YMCA are all municipally owned aquatic facilities that are operated by the YMCA. The West Boise YMCA pool -wise is equal in size to the Weyerhaeuser King County Aquatic Center and the Y does an exceptional job of operating the venue. 52IPape 76 Advantages & Disadvantages of Each Style The advantages of an aquatic facility being operated under the public recreation philosophical orientation is that a community pool should be committed to serve the public good and to ensure that services are accessible to everyone in the community. Public recreation services and facilities, in general: • reduce juvenile delinquency • build community • reduce crime rates • increase property values • attract residence and businesses • provide physical, social and psychological benefits to individual community members that choose to use the services All of these taken as a whole add to the quality of life within a community, important to the common good. Most municipal governments are financially stable and are the revenue source that provides the needed funds to keep the operation viable. When a public agency provides a pool to serve all citizens for the common good it typically chooses to subsidize the operation through the collection of tax revenue. It then ensures that fees are set at a level that the public has the ability to pay. Obviously there will be a tax burden on the owners of property within the district. The mill rate established for the Tukwila MPD is 15 cents per $1000, which is a very reasonable burden on the property owners within the district, given the pool's current level of service. The mill rate is less compared to the other MPD rates we have recently reviewed. Tukwila has 24.3% of the population below the poverty line (STP via QuickFacts). Some consideration should be given to the agency offering additional free or reduced price programming based on income levels, age (youth & seniors) or other demographic factors. Tukwila should continue to expand the scholarship program to show good will, given this level of poverty and the lower income levels within the community. When the Sequim Aquatic Recreation Center initially opened they offered three hours a week of free swims for those in the community who may not have the ability to pay admission rates. This is typically something private firms would not consider doing. Addressing the financially disadvantaged in a community would be more readily embraced by municipal services or a non - profit's mission than a for - profit commercial entity. Government entities are not known for their efficiencies. The salaries and benefits paid to their employees may be more than a non - profit or for - profit entity. Unionized municipal employees have bargaining units that create financial obligations that can be higher than their non - unionized counterparts in other agencies or companies. The non- profit and for - profit entities that don't have union obligations are more mobile and typically have less labor costs per hour of their operational budget. Government budgeting can come with restrictions. Starting new programs that were not planned in the current fiscal year may be deferred until the following year as a result of needing proper line item allocation. In essence, requests for new revenue generating 53I Page 77 programming cannot be started until they are adequately budgeted and properly accounted for. Although, government budgeting has started to change to allow for new kinds of accounts. The use of enterprise funds provides good accountability but encourages more entrepreneurial efforts and looks at a return on investment similar to the private sector. Government entities typically spend every dime provided the unit by line item during a fiscal year, particularly where an ending fund balance is not allowed to roll forward to become the starting balance. There is no incentive to create savings per line item or little incentive to increase revenue to off -set expenses. Allowing ending fund balances to roll forward to be added to beginning balances creates greater incentives for the budget to be managed in a way that address this common pitfall of traditional government financial management. Taking financial risks is not looked upon as a wise decision in municipal government operations for good reason. Should public employees gamble with the tax payer's money? Most would say yes only if the gamble was guaranteed to pay off every time. But, what happens if it doesn't? The loss of the public's trust is so critical that government employees make conservative decisions that have little to no risk. Add to the conservatism with the attitudes of "we have always done it this way" and "if it's not broken, don't fix it ". This combination is more prevalent in government settings, consistently setting them up to limit change. There are a number of non - profits that have rich backgrounds in running swimming pools for their constituents. The Salvation Army, YMCA and YWCA have operated swimming pools for decades in their associations. The YMCA operates more swimming pools and aquatic facilities than any other single entity in the United States. The Y has their own national aquatic certification programs: lifeguarding, learn to swim and pool operations (Pool Operator on Location). Their certification programs are recognized by most state aquatic codes and are less expensive in terms of cost of certification to the participant and the organizations sponsoring the trainings. As with any large organization there is a spectrum of quality within the operations. We have seen exceptionally operated aquatic programs and horribly managed aquatic venues within the YMCA. Comparison of Parallel Communities with Each Style This section of the report provides a comparison of how some of the forward thrust pools have been operated since they were transferred from King County to the adjacent communities. It may be helpful to understand the various routes that have been taken and the successes and failures along the way, particularly if the MPD plans on making a change in how the pools are operated. Mount Rainer Pool was operated initially by the City of Des Moines after the transfer from King County. They provided minimal upgrades during the time they initially operated it. City staff managed the operation and day to day supervision responsibilities. Aquatic Management Group was contracted by the City to operate the 54 I P ge 78 pool until the time the City decided to step away financially. With voter approval the pool is now supported by the Des Moines Pool MPD. Through the MPD, financial support has been provided to continue to operate the pool and AMG has maintained the contract. Although the pool has remained opened, we are directly aware that the pool has been operated or maintained below the standard of care in the aquatic industry. Various operators of this pool have failed to meet both federal and state codes in a number of ways. This fact is one of the reasons we would caution the MPD commissioners when considering an alternative contract to operate the Tukwila Pool. Mary Waite Pool on Mercer Island has been operated by both non - profit and for - profit entities with an annual financial subsidy of $100,000 from the City of Mercer Island. This subsidy ensures that the pool continued to provide services after the transfer from King County to the School District. The city has provided no policy or management oversight in the pool's operation, only the financial assistance since the transfer. We have done three separate studies over the past decade for the City of Mercer Island, are familiar with the pool, and know at least two of the previous operators. With over 50 competitive events a year scheduled at Mary Waite prior to the transfer, we are not surprised that a privately held competitive swim club is operating this pool today. Mary Waite as it is currently operated is more of a competitive venue than a community pool. Affluent communities tend to have more success with private - public partnerships. This may be one reason why a private competitive club is successfully operating the pool on Mercer Island. The mean income in Mercer Island is over twice the state's mean and the poverty level is 2.7% of the city's population (STP QuickFacts). There has been a change of pool operators twice in ten years. Each time generating news articles surrounding the pool's uncertain future. If the pool was being operated by an MPD or some form of municipal government this press would have been directed to a board of commissioners. Tukwila's commissioners should note that finding long -term committed third party operators may be a challenge. Kent's forward thrust pool functions similar to Mercer Island's. The City of Kent provides $100,000 or more as a subsidy to the pool operator. AMG operates both Des Moines' and Kent's pools. We are not familiar with the operation at Kent, but we are with Mount Rainer Pool. We would expect to find similar issues and concerns to those we found in Des Moines. A private for - profit service that would contract to operate the pool may choose not to incur all of the fixed and variable costs to operate, and in some cases may even side step the essential support services to save costs. If a private firm needed essential services, they may be able to obtain them through outsourcing. Financially this may provide some savings, but it is hard to quantify. If something essential was by- passed to save money, it could create a greater exposure in terms of risk for the MPD. Let's set a possible scenario of a private firm operating the pool and creating a contractual savings for the MPD of $200K annually. We would recommend looking closely at the level of service and the support services. It is important to analyze what 55 I P ge 79 would be reduced for cost saving in the short run and if it is possible to maintain that reduction over the long term. This may become short term savings for a limited time. During the pre- contract analysis, it is imperative that future services be parallel to the services currently provided, if that is the expectation of the MPD. Asking some hard questions of the potential private operator should include: • If the information desk is staffed during all hours of operation? • What level of programming is provided? • What is the level of lifeguard services during all times of use? • Will there be a reduction in hours of operation or services that is not in the best interest of the community? You should scrutinize the pools that are ran by a private for - profit company because you may be making compromises to safety or the level of service that is counter to the role of the MPD. Professionally, we haven't seen a commercial firm locally that would ensure excellent customer service, great aquatic programming and safe -code compliant aquatic operations. We do not know of a single commercial firm that we would highly recommend as a pool operator in this region. It should be noted that the private management companies operating Kent, Mt. Rainer and Mary Waite pools are paying the least amount per hour for the lifeguards that are employed by them, ultimately creating a significant savings over the 12 months of the operations. 56IPag;e 80 2012 -2013 MPD Support Services Summary 25,000 20,000 15,000 10,000 5,000 2012 Total = $126,926 2013 YTD = $ 111,174 7,500 Monthly ti-1/ ti'' ti'' ��� <<0 S� Q�{ �a� ��� �� Q&0 ��� O�� \-\ 0 N''a' <<�� tea° Support Services per Agreement a TUeWIOeTTV