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HomeMy WebLinkAboutFS 2011-10-04 COMPLETE AGENDA PACKETCity of Tukwila Finance and Safety Committee O Kathy Hougardy, Chair O Joan Hernandez O Dennis Robertson AGENDA TUESDAY, OCTOBER 4, 2011 CONFERENCE ROOM #3, 5:00 PM Distribution: K. Hougardy J. Hernandez D. Robertson A. Ekberg Mayor Haggerton D. Speck P. McCarthy C. O'Flaherty S. Kerslake K. Matej Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. An Interlocal Agreement with the Tukwila Metropolitan a. Forward to 10 /10 C.O.W. Pg.1 Park District authorizing a loan from the General Fund. and 10/17 Regular Mtg. Peggy McCarthy, Interim Finance Director b. A resolution authorizing the cancellation of past due b. Forward to 10 /10 C.O.W. Pg.11 accounts receivable and returned check write -offs. and 10/17 Regular Mtg. Peggy McCarthy, Interim Finance Director c. Miscellaneous revenue report. c. Information only Pg.17 Peggy McCarthy, Interim Finance Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, October 18, 2011 6 The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 or (tukclerk @tukwilawa.gov) for assistance. TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance & Safety Committee FROM: Peggy McCarthy, Interim Finance Director DATE: September 28, 2011 SUBJECT: Interlocal Agreement with Tukwila Metropolitan Park District ISSUE Pursuant to Resolution 1746 passed by the Council on September 12, 2011, an Interlocal Agreement between the City of Tukwila and the Tukwila Metropolitan Park District has been drafted to document the terms and conditions of a loan from the City of Tukwila General Fund to the Park District to fund Park District operations. The Agreement is presented for Council's review and approval and will be presented to the Park District Board of Commissioners for their review and approval on October 10, 2011. BACKGROUND The general taxes levied by the Park District will not be collected and available to fund Park District operations until May 1, 2013 making a loan necessary to fund Park District operations during this interim period. DISCUSSION As documented in the agreement, the City agrees to lend funds from its General Fund to the Park District Fund, not to exceed $1,100,000, at an interest rate of two percent per year, according to the following schedule: a. October 15, 2011 - $375,000 b. April 15, 2012 - $375,000 c. October 15, 2012 - $350,000 Should the Metropolitan Park District find that it is not in need of some or all of the principal amounts identified above, the Park District will notify the City prior to the scheduled loan disbursement date. The Park District agrees to assume and accept the financial obligation to repay the loan within a ten -year period making semi - annual payments to the City beginning in 2013. RECOMMENDATION The Council is being asked to approve the City of Tukwila - Tukwila Metropoliltan Park District Interlocal Agreement for Loan and Repayment and consider this item at the October 10, 2011 Committee of the Whole meeting and the subsequent October 17, 2011 Regular Meeting. ATTACHMENTS • Draft: City of Tukwila — Tukwila Metropolitan Park District Interlocal Agreement For Loan and Repayment • Resolution 1746 2 CITY OF TUKWILA — TUKWILA METROPOLITAN PARK DISTRICT INTERLOCAL AGREEMENT FOR LOAN AND REPAYMENT THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the day of , 2011, by and between the CITY OF TUKWILA, a municipal corporation of the State of Washington (hereinafter referred to as "City "), and the TUKWILA METROPOLITAN PARK DISTRICT, a municipal corporation of the State of Washington (hereinafter referred to as "Park District "). WITNESSETH: WHEREAS, by Resolution No. 1738, the City Council of the City of Tukwila, Washington asked the voters to create a metropolitan park district whose boundaries would be coextensive with the boundaries of the City of Tukwila, including the authority to levy a general tax on property not to exceed 15 cents per thousand dollars of assessed valuation each year as statutorily provided; and WHEREAS, on August 16, 2011, the voters of Tukwila approved the formation of a metropolitan park district as required and now known as the Tukwila Metropolitan Park District ( "Park District "); and WHEREAS, the general taxes levied by the Park District pursuant to RCW 35.61.210 will not be collected and available to fund Park District operations until May 1, 2013, and a loan from the City of Tukwila is needed during the interim period to fund Park District operations and shall be repaid by the Park District using its general tax revenues once those become available; and WHEREAS, by Resolution No. 1746, the City has declared its intent to enter into an interlocal agreement with the Park District to evidence the City's commitment to loan funds to the Park District as interim financing until the Park District's general tax revenues become available; and WHEREAS, in consideration for the City's commitment to loan funds as interim financing, upon the terms and conditions set forth herein, the Park District has declared its intent to enter into an interlocal agreement with the City, by Resolution No. 5, to repay the City pursuant to the financial covenants set forth herein; NOW THEREFORE in consideration of the mutual covenants hereinafter contained, the parties hereto covenant and agree as follows: INTERLOCAL AGREEMENT Page 1 of 6 3 1. LOAN AMOUNT AND DISBURSEMENT The City agrees to lend sufficient funds from its General Fund to the Tukwila Metropolitan Park District Fund and agrees to disburse funds in a total principal sum not to exceed $1,100,000.00 (the "Loan "), which principal is subject to interest at the rate of two percent per year, according to the following schedule: a. October 15, 2011 - $375,000.00 b. April 15, 2012 - $375,000.00 c. October 15, 2012 - $350,000.00 Should the Metropolitan Park District find that it is not in need of some or all of the principal amounts identified above, the Park District will notify the City not less than 15 (fifteen) days prior to the scheduled loan disbursement date. 2. LOAN REPAYMENT TERMS AND SCHEDULE The Park District agrees to assume and accept the financial obligation to repay the Loan in the maximum amount of $1,100,000.00, plus interest thereon at the rate of two percent per year, within a ten -year period. The Park District obligation hereunder constitutes a non -voted general obligation of the Park District to which its full faith, credit and resources are pledged. This Loan will be repaid in semi - annual payments to the City beginning in 2013. The first payment will be due May 15, 2013 and will be due every November 15th and May 15, thereafter. The City will invoice the Park District for the amount owing for the relevant time period. Should the Park District desire to pre -pay any of the loan amount, pre - payment shall include accrued interest, through the date of payment. 3. EVENTS OF DEFAULT AND REMEDIES 3.1 Events of Default. Each of the following shall be a "Loan Default ": a. Monetary Defaults. Any failure by the Park District to make any required monetary payments when due to the City pursuant to Paragraph 2 of this Agreement. If an event which would constitute a Monetary Default shall occur, the City shall provide prompt telephone notice confirmed in writing (which may be by facsimile or electronic transmission) to the Park District and demand a cure thereof (provided, that failure by the City to send such written notice shall not constitute waiver of or prevent the occurrence of a Loan Default), and if such event is not cured within fifteen days of the scheduled payment date, then such event shall constitute a Loan Default and the City may, in its sole discretion, proceed with its remedies under Paragraph 3.2 of this Agreement. INTERLOCAL AGREEMENT Page 2 of 6 4 b. Nonmonetary Defaults. Any failure on the part of the Park District to perform or observe the duties, provisions or obligations required of it pursuant to this Agreement, other than as set forth in Paragraph 3.1(a) above, if such failure shall have continued for a period of 60 days after written notice thereof has been delivered to the Park District by the City. 3.2 Remedies. Upon occurrence of any Loan Default under this Agreement, the City may bring any legal action or proceeding against the Park District to protect and enforce its rights in equity or at law, either in mandamus or for the specific performance of any covenant or agreement contained in this Agreement, or for the enforcement of any other appropriate legal or equitable remedy, as the City, being advised by counsel, may deem most effectual to protect and enforce any of its concurrent or reserved rights or interests hereunder with respect to: (1) the payment of principal, interest, fees or amounts due; (2) indemnifications and reimbursements due to the City by the Park District; and (3) receipt of reports and notices. 4. RECORDS INSPECTION AND AUDIT All funds advanced and repaid shall be subject to adjustment for any amounts found upon audit or otherwise to have been improperly advanced or reimbursed, and all records and books of accounts pertaining to the Loan provided under this Agreement shall be subject to inspection and audit by either party for a period of up to three (3) years from the final payment by the Park District for reimbursement of the Loan provided by the City. 5. ADMINISTRATION OF AGREEMENT This Agreement shall be administered by Peggy McCarthy, Interim Finance Director or designee on behalf of City, and by Kimberly Matej, Executive Director, or designee on behalf of the Park District. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: CITY OF TUKWILA Peggy McCarthy Interim Finance Director Tukwila, WA 98188 Phone: 206 - 433 -1839 PARK DISTRICT Kimberly Matej Executive Director Tukwila, WA 98188 Phone: 206 - 433 -1834 INTERLOCAL AGREEMENT Page 3of6 5 6. NOTICES All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above. Either party may change its address by giving notice in writing, stating its new address to the other party, pursuant to the procedure set forth above. 7. INDEMNIFICATION OF THE CITY The Park District shall indemnify and hold City and its agents, employees, and /or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against City arising out of, in connection with, or incident to the making of the Loan that is the subject of this Agreement and /or Park District's performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of City, its agents, employees, and /or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Park District; and provided further, that nothing herein shall require Park District to hold harmless or defend City, its agents, employees and /or officers from any claims arising from the sole negligence of City, its agents, employees, and /or officers. No liability shall attach to City by reason of entering into this Agreement except as expressly provided herein. 8. WAIVER OF SUBROGATION City and Park District hereby mutually release each other from liability and waive all right of recovery against each other for any loss caused by fire or other perils which can be insured against under fire insurance contracts including any extended coverage endorsements thereto which are customarily available from time to time in the State of Washington, provided, that this paragraph shall be inapplicable to the extent that it would have the effect of invalidating any insurance coverage of City or Park District. 9. COMPLIANCE WITH REGULATIONS AND LAWS The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. INTERLOCAL AGREEMENT Page 4 of 6 6 10. ASSIGNMENT The parties shall not assign this Agreement or any interest, obligation or duty therein without the express written consent of the other party. 11. ATTORNEYS' FEES If a Loan Default occurs and if the City or Park District should employ attorneys or incur expenses for the enforcement of any obligation or agreement of the City or Park District contained herein, the non - prevailing party on demand will pay to the prevailing party the reasonable fees of such attorneys of the prevailing party and the reasonable costs so incurred, including, without limitation, reasonable fees and costs of court appeals. 12. MISCELLANEOUS a. All of the covenants, conditions and agreements in this Agreement shall extend to and bind the legal successors and assigns of the parties hereto. b. This Agreement shall be deemed to be made and construed in accordance with the laws of the State of Washington. Jurisdiction and venue for any action arising out of this Agreement shall be in King County, Washington. c. The captions in this Agreement are for convenience only and do not in any way limit or amplify the provisions of this Agreement. d. Unless otherwise specifically provided herein, no separate legal entity is created hereby, as each of the parties is contracting in its capacity as a municipal corporation of the State of Washington. The identity of the parties hereto is as set forth hereinabove. e. The performances of the duties of the parties provided hereby shall be done in accordance with standard operating procedures and customary practices of the parties. f. No provision of this Agreement shall relieve either party of its public agency obligations and or responsibilities imposed by law. g. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of any court having jurisdiction on the matter, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall INTERLOCAL AGREEMENT Page 5 of 6 7 not be affected thereby and shall continue in full force and effect, unless such court determines that such invalidity or unenforceability materially interferes with or defeats the purposes hereof, at which time either party shall have the right to terminate the Agreement. h. This Agreement constitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modifications or amendments of this Agreement shall be valid or effective unless evidenced by an agreement in writing signed by both parties. i. Copies of this Agreement shall be filed with the King County Auditor's Office and the respective Clerks of the parties hereto. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. CITY OF TUKWILA TUKWILA METROPOLITAN PARK DISTRICT Jim Haggerton, Mayor Allan Ekberg President of the Board of Commissioners Attest: Attest: Christy O'Flaherty, CMC Verna Seal City Clerk Clerk of the Board Approved as to form: Approved as to form: Shelley M. Kerslake, Lisa M. Marshall, City Attorney Commission Attorney INTERLOCAL AGREEMENT Page 6 of 6 8 City of Tukwila Washington Resolution No. 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AUTHORIZING A LOAN FROM THE CITY OF TUKWILA GENERAL FUND TO THE TUKWILA METROPOLITAN PARK DISTRICT FUND, IN AN AMOUNT NOT TO EXCEED $1.1 MILLION, TO FUND PARK DISTRICT OPERATIONS PENDING COLLECTION OF GENERAL TAXES. WHEREAS, by Resolution No. 1738, the City Council of the City of Tukwila, Washington, asked the voters to create a Metropolitan Park District whose boundaries would be coextensive with the boundaries of the City of Tukwila, including the authority to levy a general tax on property not to exceed 15 cents per thousand dollars of assessed valuation each year as statutorily provided; and WHEREAS, on August 16, 2011, the voters of Tukwila approved the formation of a Metropolitan Park District as required and now known as the Tukwila Metropolitan Park District ( "Park District "); and WHEREAS, the general taxes levied by the Park District pursuant to RCW 35.61.210 will not be collected and available to fund Park District operations until May 1, 2013, and a loan from the City of Tukwila is needed during the interim period to fund Park District operations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Loan from City General Fund to Park District Fund Authorized. The City of Tukwila hereby authorizes a loan from its General Fund to the Tukwila Metropolitan Park District Fund in the principal sum not to exceed the lesser of $1,100,000.00 plus interest thereon, or the Park District's indebtedness limit pursuant to RCW 35.61.100. Section 2. Loan Repayment Terms — Interlocal Agreement Authorized. City staff is hereby directed to prepare an interlocal agreement setting forth the terms and conditions of the loan authorized in Section 1. Said agreement shall specify, at W. \Word Processing\Resolutions \Loan authorized to Metropolitan Park District 9 -7 -11 K Sand:bjs Page 1 of 2 9 minimum, a repayment term of 10 years and interest due at the rate of 2% compounded annually. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this Ic9-4/-"" day of September, 2011. ATTEST /AUTHENTICATED: "rho ctsk Melissa Hart, CMC, Acting City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Allan Ekberg, Council Presi Filed with the City Clerk: - 7 " l 1 Passed by the City Council q- I -- 11 Resolution Number: 1140 W: \Word Processing \Resolutions \Loan authorized to Metropolitan Park District 9 -7 -11 K Sand:bjs 10 Page 2 of 2 W z City of Tukwila TO: Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Peggy McCarthy, Interim Finance Director DATE: September 30, 2011 SUBJECT: Cancellation of Accounts Receivable ISSUE Each year a resolution comes before the Council for the cancellation of uncollectible accounts receivable. For 2011, these items include: False Alarms equaling $675.00, Miscellaneous Billings equaling $92,770.37 and NSF Checks equaling $218.00, in the total amount of $93,663.37. The items listed have been through the City's collection program or are party to bankruptcy and have not been successfully resolved. BACKGROUND The process for tracking accounts receivable is quite thorough. The steps below are followed prior to the attached write -off resolution: • Invoice is sent to recipient by Finance Department payable in 30 days. • Second notice is then sent specifying due date before receivable is forwarded to collection agency. • Collection agency sends a series of three letters for the original amount due, with the final letter advising that legal action will be taken if payment is not made. If there is no response from debtor after the letter series, the debt is then reported to the National Credit Bureaus. • Collection agency then pursues legal action after the debtor is given a final opportunity to dispute the claim. This includes attaching checking accounts, garnishments, lawsuits and other legal methods. DISCUSSION The proposed miscellaneous billings write -offs are significantly higher than prior years. Of the total listed, $75,595.31 is due to the following: $12,158.54 from hit and runs where the driver is unknown, $45,438.57 is attributable to accidents causing damage to City property where the driver was uninsured, and $17,998.20 is the City's portion after our deductible or other insurance payments. The items on the proposed resolution reflect those that have been through the process referenced above, and receivables are still due with the likelihood of collection being very low. We do collect amounts after write -offs, but very seldom. RECOMMENDATION The Council is being asked to consider this item at the October 10, 2011 Committee of the Whole meeting and subsequent October 17, 2011 Regular meeting. ATTACHMENTS Draft Resolution, with Attachment A 11 12 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ORDERING THE CANCELLATION OF PAST -DUE ACCOUNTS RECEIVABLE AND RETURNED CHECK WRITE -OFFS. WHEREAS, certain receivables and checks have been deemed uncollectible after efforts by both the City and a collection agency have been unsuccessful; and WHEREAS, the City will continue to pursue these receivables when practical; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Miscellaneous Accounts Receivable and Returned Checks. The total of $93,663.37 is deemed uncollectible. See Attachment A. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Allan Ekberg, Council President APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment A — Past -Due Accounts Receivable and Returned Check Write -offs as of September 30, 2011 W: \Word Processing \Resolutions \Past Due Accts Recv & Write -offs 9 -28 -11 LA:bjs Page 1 of 1 13 14 Cr ATTACHMENT A as of 09/30/2011 MISCELLANEOUS ....................... ........ ............... 03/27/09 06/06/09 12/31/08 06/24/09 07/21/09 07/21/09 12/08/09 09/16/09 11/01/10 12/04/09 09/23/10 09/24/09 06/14/10 11/25/09 12/07/10 03/10/09 09/12/08 03/27/09 04/23/09 06/16/10 08/13/10 12/31/08 05/19/09 08/01/08 12/31/08 03/24/11 08/13/10 12/31/08 02/26/10 12/07/09 03/27/09 12/07/09 12/07/09 12/31/08 03/25/09 03/27/09 11/24/09 11/24/09 11/25/09 03/18/10 09/16/09 10/15/09 02/26/10 03/19/09 12/31/08 05/06/09 03/03/09 Allied Group Allied Group Conlan Anderson Banwer Transfer Banwer Transfer Banwer Transfer Billy Baroo's Blue Nile Studio & Coffee Shop Breadboard Cafe Eliduvina Chavez City of Tukwila Francis Dawood DeShawn Williams Emerald Green Family Trust Investments Far Fetched Import Furniture Furniture City Furniture City Furniture City Furniture City Furniture City Gamestop Christopher Hunter I Floor.Com Info Only- Hit and Run Info Only- Hit and Run Jack in the Box -13050 IU Nicole Jones Kimco Realty Corp Thomas P. Leae Medina Restaurant Landon Nguyen Landon Nguyen Pacific 76 Pacific 76 Quorum Real Estate Reed Trucking & Excavating Reed Trucking & Excavating RocheII Apartments Sahel Coffee & Halal Meat Seen on Screen TV LLC Seen on Screen TV LLC Seen on Screen TV LLC Simply Thai -375 Strander Rithavy So Trudy's Tavern US Postal Service General RF -00325 $ 60.00 General RF00372 85.00 General MB -00325 1,118.51 General RF -00391 60.00 General RF -00397 85.00 General RF -00400 110.00 Golf MB -00484 334.09 General RF -00437 60.00 General RF -00582 60.00 General MB -00452 6,887.95 General MB -00677 7,490.83 General MB -00429 2,931.82 General MB -00629 5,844.97 General RF -00466 60.00 General RF -00623 60.00 General RF -00300 60.00 General RF -00265 60.00 General RF -00326 60.00 General RF -00351 85.00 General RF -00524 60.00 General RT -00034 80.00 General RF -00269 60.00 General MB -00353 3,805.92 General RF -00247 60.00 General MB -00327 8,974.82 General MB -00769 3,183.72 General RF -00551 24.00 General MB -00323 4,094.13 General RF -00485 60.00 General MB -00462 1,682.33 General RF -00319 60.00 General MB -00466 961.44 Water MB -00466 1,406.67 General RF -00276 85.00 General RF -00314 60.00 General RF -00323 60.00 General MB -00445 5,940.00 General MB -00447 4,260.00 General RF -00463 60.00 General RF -00503 60.00 General RF -00427 60.00 General RF -00456 85.00 General RF -00476 135.00 General RF -00307 60.00 General MB -00330 4,139.27 General RF -00370 5.00 General RF -00295 60.00 To Evergreen Prof Recoveries 09/30/10 To Evergreen Prof Recoveries 09/30/10 To Evergreen Prof Recoveries 09 /13 /10- graffiti Business vacated w /out notice -To EPR 09/03/10 Business vacated w /out notice -To EPR 09/03/10 Business vacated w /out notice -To EPR 09/03/10 Void per Finance Director -Aug 2009 late fees & conc adjustment Business closed 5/18/11- To EPR 09/30/10 Business closed -To EPR 09/23/11 Unable to locate insurance - streetlight pole -To EPR- 09/03/10 damaged brickwork -amt after pymt from Evergreen Adjustment Svces Insurance invalid - streetlight pole -to EPR 09/30/10 Insurance unknown- Jersey barrier damage -To EPR- 09/30/10 Business closed -To EPR 10/27/10 Bankruptcy 08/29/11 Business closed -To EPR 09/30/11 Business closed -To EPR 09/27/11 Business closed -To EPR 09/27/11 Business closed -To EPR 09/27/11 Business closed -To EPR 09/27/11 Business closed -To EPR 09/27/11 Business closed - To EPR 09/30/10 No insurance -DUI- Tree and shrub damage -To EPR 09/03/10 Bankruptcy 12/04/08 Streetlight pole -144th and TIB Guardrail -4200 block Airport Way S Amount due after pymt by EPR No insurance - streetlight pole -To EPR 05/05/10 No insurance - DUI -To EPR 09/03/10 Stolen vehicle -no insurance - guardrail -To EPR 5/6/10 Business closed - To EPR 09/30/10 No Insurance -fire hydrant -To EPR 05/06/10 Bill total is $2,368.08 Business closed - To EPR 09/10/10 Business closed - To EPR 09/10/10 To EPR 09/07/10 Void per Finance Director & City Attorney- traffic control Void per Finance Director & City Attorney- traffic control Business closed - To EPR 10/27/10 Business closed 5/17/11 -To EPR 1/14/11 Business closed -To EPR 9/30/10 Business closed -To EPR 9/30/10 Business closed -To EPR 9/30/10 Business closed -To EPR 09/30/10 Amt after insur pymt - streetlight pole -To EPR 06/06/10 Amount due after pymt by EPR In dispute Page 1 Page 2 ATTACHMENT A as of 09/30/2011 08/27/10 Utility Construction Corp General MB -00672 1,562.00 Business closed- amount due after insurance payment- damage to wires 12/11/08 Lauti Vaita Water MB -00260 9,059.67 Unable to locate -no insurance -fire hydrants -To EPR 09/13/10 12/07/09 Ricardo Vasquez General MB -00463 3,361.46 Insurance invalid - streetlight pole- To EPR 05/05/10 02/26/10 Villa Nelle Apartments General RF -00480 60.00 Business closed -To EPR 9/30/10 06/15/11 WA Cities Insurance Authority General MB -00815 8,945.37 signal cabinet at APW & Minkler- amt due after insurance pymt 06/10/09 Wetzel's Pretzels General RF -00380 60.00 Business closed -To EPR 9/30/10 04/03/09 Daniel Wolf Water MB -00341 4,626.40 Insurance unknown -To EPR 09/23/10 ........... ... Miscellaneous Billing Total . $ 92,770.37 FALSE ALARMS:;: 04/21/10 Abu Bakr Islamic Center of WA General PF -01379 $ 25.00 To Evergreen Prof. Recoveries 09/23/10 11/13/08 Axia Financial General PF -00839 25.00 Business closed in 2009 08/04/09 Thomas Dever General PF -01116 25.00 To Evergreen Prof. Recoveries 09/30/10 12/30/09 Thomas Dever General PF -01257 25.00 To Evergreen Prof. Recoveries 09/30/10 12/30/09 Thomas Dever General PF -01258 25.00 To Evergreen Prof. Recoveries 09/30/10 09/24/09 East African Bazaar General PF -01165 25.00 Business closed -To EPR 09/30/10 07/28/09 EQPT Store General PF -01074 25.00 Business closed -To EPR 09/13/10 09/11/08 Go Wireless General PF -00759 25.00 Business closed -To EPR 09/30/10 08/24/10 Habitat for Humanity General PF -01464 25.00 Business closed -To EPR - 10/27/10 08/24/10 Janie Hendrix General PF -01467 25.00 In Dispute 08/24/10 Janie Hendrix General PF -01468 25.00 In Dispute 05/21/09 Innovation General Tool /Supply General PF -01021 10.00 Amount due after pymt by EPR 09/11/08 Integra Telecom General PF -00768 10.00 Amount due after pymt by EPR 09/05/08 Interstate Protection Svces General PF -00623 25.00 Business closed -To EPR 09/30/10 09/05/08 Interstate Protection Svces General PF -00624 25.00 Business closed -To EPR 09/30/10 09/05/08 I Sold of WA General PF -00629 25.00 Business closed -To EPR 09/30/10 09/05/08 I Sold of WA General PF -00630 25.00 Business closed -To EPR 09/30/10 05/11/10 King Co Housing General PF -01391 10.00 Amount due after pymt by EPR 08/24/10 KJC Salon and Spa General PF -01470 25.00 Business closed -To EPR 11/10/10 09/05/08 Medina Restaurant General PF -00648 25.00 Business closed -To EPR 09/30/10 12/30/09 Mitel General PF -01311 10.00 Amount due after pymt by EPR 09/24/09 Liberty Orejudos Residence General PF -01178 25.00 To Evergreen Prof Recoveries 9/10/10 09/24/09 Liberty Orejudos Residence General PF -01179 25.00 To Evergreen Prof Recoveries 9/10/10 08/04/09 Qaran Financial Express General PF -01134 25.00 Business closed -To EPR 09/30/10 12/08/09 Rochell Apartments General FF -00109 25.00 Business closed -To EPR 10/27/10 12/08/09 Rochell Apartments General FF -00110 50.00 Business closed -To EPR 10/27/10 04/21/10 Safari Restaurant General PF -01377 25.00 Business closed -To EPR 09/07/10 03/09/09 SS Custom General PF -00995 25.00 Business closed -never licensed with the City 10/17/07 Wendy's General 10.00 Amount due after pymt by EPR False Alarm Total $ 675.00 RETURNEDCHCKS 03/30/10 Judy A. Desoto TCP CK # 7553 $ 4.00 Fraudulent check -Too small for collections 07/02/10 Gwendolyn Y. Denton TCC CK # 1577 14.00 To EPR 10/18/10 07/16/10 Elite BB of WA/Jevon Green TCC CK # 1006 200.00 To EPR 10/18/10 Returned Check Total $ 218.00 WRITE -OFF GRAND TOTAL $ 93,663.37 Page 2 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Shawn Hunstock, Interim City Administrator DATE: September 22, 2011 SUBJECT: Miscellaneous Revenue Report for July 2011 Schedule 1 - Sales Tax in 1,000's Sales Receipt 2010 2011 2011 Increase /(Decrease) %Increase /(Decrease) Month Month Actual Estimated Actual Month YTD Month YTD Jan Mar $ 1,034 $ 1,080 $ 1,039 $ (41) $ (41) -3.80% 0.00% Feb Apr 1,006 1,033 1,043 10 (31) 0.97% -1.47% Mar May 1,157 1,179 1,453 274 243 23.24% 7.38% Apr June 1,070 1,102 1,252 150 393 13.61% 8.94% May July 1,067 1,138 1,278 140 533 12.30% 9.63% June Aug 1,249 1,243 1,386 143 676 11.50% 9.98% July Sept 1,251 1,299 1,281 (18) 658 -1.39% 8.15% Aug Oct 1,216 1,176 - (1,176) (518) - 100.00% -5.60% Sept Nov 1,357 1,185 (1,185) (1,703) - 100.00% - 16.32% Oct Dec 1,082 1,036 (1,036) (2,739) - 100.00% - 23.88% Nov Jan12 1,202 1,101 (1,101) (3,840) - 100.00% - 30.54% Dec Feb12 1,889 1,628 (1,628) (5,468) - 100.00% - 38.51% Totals $ 14,580 $ 14,200 8,732 Mitigation Received 917 $ 9,649 107.32% % of Budget Incl. Mitigation Sales tax collections for July showed an increase versus the same month in the previous year. July represented the twelfth consecutive increase over the last twelve months. For July, collections were slightly less than budget for the month, but more than actual collections in the same month the previous year. Actual receipts for July were $18,000 less than budget, and $30,000 more than the same period last year. We are down 1.39% for the month compared to budget, but up by 11.46% compared to the same month last year. Not including one -time money from new construction, we are 7.59% ahead of last year's collections to date. Including mitigation payments, we are currently at 107.32% of budget for the year to date. This includes a mitigation payment of $305,849.90 that will be received on September 30, 2011. Mitigation payments are now annualized and will only be adjusted once per year in the fall, effective with the December 31st payment. Staff completed work on the last mitigation detail file and submitted to the Department of Revenue a list of firms that should be removed from the mitigation calculation process. These firms are ones that were offsetting other losses, thereby reducing our mitigation payment. 17 INFORMATIONAL MEMO Page 2 Schedule II shows the year -to -date sales tax from the top ten industry classifications. As this schedule indicates, the trend is flat or down for most of the classifications. Schedule II YTD YTD Dollar Group Name Current Prior Diff. Diff. 448* Clothing and Accessories $ 1,086,762 $ 1,046,886 $ 39,876 3.81% 452* General Merchandise Stores 1,073,375 1,090,141 (16,766) - 1.54% 443* Electronics and Appliances 806,327 500,894 305,433 60.98% 722* Food Services, Drinking Places 763,655 772,301 (8,646) -1.12% 423* Wholesale Trade, Durable Goods 632,453 724,319 (91,867) - 12.68% 236 Construction of Buildings 529,036 301,328 227,708 75.57% 441* Motor Vehicle and Parts Dealer 352,177 351,354 822 0.23% 451* Sporting Goods, Hobby, Books 339,884 341,932 (2,048) - 0.60% 444* Building Material and Garden 291,525 302,181 (10,656) -3.53% 721* Accommodation 266,270 240,443 25,827 10.74% * Mitigated NAICS Code As you can see there are large variances from last year for the same time period. For instance, sales tax for Construction of Buildings is up by 75.57 %, Electronics and Appliances is up by 60.98 %, and Wholesale Trade Durable Goods is down by 12.68 %. As illustrated above, five of the top ten merchant categories have declined versus prior year, and all but one of the ten industry classification codes are ones for which we receive streamlined sales tax mitigation. Schedule III shows the ten largest declines in sales tax revenue for industries with over $10,000 collected year -to -date. Schedule III YTD YTD Dollar % Group Name Current Prior Diff. Diff. 811 Repair and Maintenance $ 50,537 $ 58,484 $ (7,947) - 13.59% 423* Wholesale Trade, Durable Goods 632,453 724,319 (91,867) - 12.68% 512 Motion Picture, Sound Record 16,665 18,860 (2,195) - 11.64% 531 Real Estate 21,718 24,034 (2,315) -9.63% 322* Paper Manufacturing 11,401 12,545 (1,144) -9.12% 517 Telecommunications 198,221 216,532 (18,311) - 8.46% 323* Printing and Related Support 25,809 28,073 (2,263) - 8.06% 444* Building Material and Garden 291,525 302,181 (10,656) -3.53% 452* General Merchandise Stores 1,073,375 1,090,141 (16,766) -1.54% 722* Food Services, Drinking Places 763,655 772,301 (8,646) -1.12% * Mitigated NAICS Code Attached is a Sales Tax Summary comparing year -to -date 2011 vs. 2010 by major NAICS codes. Also included is a comparison of total receipts year -to -date for the last six years. Below is Schedule IV which shows quarterly gambling tax receipts for last year, and the current year to date. W:\FIN Projects\Sales Tax Information120111Info Memo Sales Tax 09222011.docx 18 INFORMATIONAL MEMO Page 3 Schedule IV - Gambling Tax Sales Quarter 2010 2011 Actual Estimated 2011 Increase /(Decrease) Actual Month YTD Actuals %Increase /(Decrease) Month YTD Jan - Mar Apr - Jun Jul - Sep Oct - Dec Totals $ 417,078 532,667 439,255 496,414 $ 1,885,414 $ 464,547 593,292 489,248 552,913 $2,100,000 $ 478,118 389,776 $ 867,894 $ 13,571 $ 13,571 2.92% 0.00% (203,516) (189,945) - 34.30% - 17.96% (489,248) (679,193) - 100.00% - 43.90% (552,913) (1,232,106) - 100.00% - 58.67% As you can see, we are currently $189,945 under budget through June 2011, or 17.96% below budget. Actual receipts for 2011 are 8.62% below actual receipts to date in 2010. However, this is largely due to one of the casinos being late with their second quarter tax payment. As of today's date, that casino has not yet paid their second quarter taxes. Below is Schedule V which shows monthly admission tax receipts for the prior year and current year to date. Schedule V - Admissions Tax Sales 2010 2011 Month Actual Estimated 2011 Increase /(Decrease) Actual Month YTD Actuals %Increase /(Decrease) Month YTD Jan $ 52,751 $ 57,532 $ 31,217 Feb 39,232 42,788 30,403 Mar 51,861 56,562 39,696 Apr 39,294 42,855 28,705 May 35,365 38,570 38,944 June 48,428 52,818 57,325 July 62,293 67,939 50,835 Aug 42,284 46,116 - Sept 37,853 41,284 Oct 27,638 30,144 - Nov 35,594 38,820 - Dec 50,036 54,571 Totals $ 522,628 $ 570,000 $ 277,124 $(26,315) (12,385) (16,866) (14,150) 373 4,508 (17,104) (46,116) (41,284) (30,144) (38,820) (54,571) $ (26,315) (38,701) (55,566) (69,717) (69,343) (64,836) (81,940) (128,057) (169, 341) (199,485) (238,305) (292,876) - 45.74% - 28.95% - 29.82% - 33.02% 0.97% 8.53% - 25.18% - 100.00% - 100.00% - 100.00% - 100.00% - 100.00% 0.00% - 38.58% - 35.42% - 34.90% - 29.10% - 22.27% - 22.82% - 31.60% - 37.93% - 41.85% - 46.23% - 51.38% Admission tax receipts are currently 22.82% below budget for the year, and 15.82% below prior year actual receipts. We are working with one of the largest taxpayers for admissions tax to determine the cause of the decline. It appears that the decline is due to a decline in economic activity for that industry, a movie theater, but we are working on confirming the tax payments with the Department of Revenue. Also, it is expected that there will be an increase in admission tax payments with the recent opening of the iFly indoor skydiving facility near the mall. Please let me know if you have any comments or questions. Thank you. W: \FIN Projects \Sales Tax Information \2011 \Info Memo Sales Tax 09222011.docx 19 20 1 1 SALES TAX SUMMARY July 2011 (Received in September) NAICS CONSTRUCTION 10 TOTAL 236 Construction of Buildings 588,919 237 Heavy & Civil Construction 37,857 238 Specialty Trade Contractors 290,486 TOTAL CONSTRUCTION $ 917,262 $ Overall Construction Change from Previous Year 10 YTD 301,328 12,938 143,400 457,666 $ 11 YTD 529,036 23,090 244,193 796,319 8338,653 YTD Diff 75.6% 78.5% 70.3% NAICS AUTOMOTIVE 10 TOTAL 10 YTD 11 YTD YTD Diff 441' Motor Vehicle & Parts Dealer 596.727 351,354 352,177 0.2% 447* Gasoline Stations 67,583 38,200 39,840 4.3% 74.0% NAICS TOTAL AUTOMOTIVE $ 664,310 $ Overall Automotive Change from Previous Year RETAIL TRADE 10 TOTAL 389,555 $ 10YTD 392,017 S2,462 11 YTD Diff 0.6% YTD MANUFACTURING 10 TOTAL 10 YTD 11 YTD % Diff 442* Furniture & Home Furnishings 374,775 212,305 212,325 0.0% 443` Electronics & Appliances 1,003,415 500,894 806,327 61.0% 311 Food Manufacturing 5,995 1,639 2,403 46.6% 312 Beverage & Tobacco Products -895 -2,604 2,054 -178.9% 313 Textile Mills 88 24 225 824.4% 314 Textile Product Mills 13,503 9,086 5,919 -34.9% 315 Apparel Manufacturing 38 15 427 2791.1% 316 Leather & Allied Products 2 1 4 182.9% 444" Building Material & Garden 499,394 302,181 291,525 -3.5% 445" Food & Beverage Stores 101,958 43,894 71,596 63.1% 446* Hearth & Personal Care 178,919 96,788 124,856 29.0% 448" Clothing & Accessories 2,021,704 1,046,886 1,086,762 3.8% 451* Sporting Goods, Hobby, Books 648,678 341,932 339,884 -0.6% 452* General Merchandise Stores 2,068,263 1,090,141 1,073,375 -1.5% 321' Wood Product Manufacturing 1,627 933 875 -6.2% 453* Miscellaneous Store Retailers 481,324 257,328 263,975 2.6% 322' Paper Manufacturing 21,585 12,545 11,401 -9.1% 454* Nonstore Retailers 111,045 56,045 66,843 19.3% 323* Printing & Related Support 54,341 28,073 25,809 -8.1% TOTAL RETAIL TRADE $ 7,489,475 $ 3,948,392 $ 4,337,468 324 Petroleum & Coal Products 325 Chemical Manufacturing 326 Plastic & Rubber Products 3,062 7,458 3,142 1,990 4,155 1,745 1,273 5,486 2,657 -36.1% 32.0% 52.3% 327* Nonmetallic Mineral Products 3,667 670 2,153 221.4% 331 Primary Metal Manufacturing 332 Fabricated Metal Mfg Products 333 Machinery Manufactudng 334* Computer& Electronic Products 725 -2,641 10,120 195 4,065 7,042 179 2,187 877 -8.2% -46.2% -87.5% 5,592 2,436 5,179 112.6% 335 Electric Equipment, Appliances 336 Transportation Equipment Mfg 337* Furniture & Related Products 339* Miscellaneous Manufacturing 523 290,984 10,326 11,140 119 79,344 6,006 6,494 163,973 $ TOTAL MANUFACTURING $ 440,381 $ Overall Manufacturing Change from Previous Year TRANSPORTATION & WAREHOUSING 481 Air Transportation 482 Rail Transportation 484 Truck Transportation 485 Transit and Ground Passengers 487 Scenic and Sightseeing Tran 488 Transportation Support 491 Postal Services 492 Couriers & Messengers 10 TOTAL 4 731 344 17,813 0 29,089 0 372 117 85,477 -2.2% 7.7% 5,214 -13.2% 5,915 -8.9% 10YTD 165,832 $1,859 0 246 137 11,175 0 9,608 0 208 11 YTD 42 498 3,243 11,099 518 17,011 84 7 YTD % Diff 0.0% 102.1% 2258.4% -0.7% #DIV/01 77.0% #DIV /0! -96.9% 493* Warehousing & Storage 957 583 557 -4.4% TOTAL TRANSP & WHSING $ 49,309 $ Overall Transportation Change from Previous Year WHOLESALE TRADE 10 TOTAL 21,958 $ 10 YTD 33,058 811,100 11 YTD YTD % Diff 50.6% 423* Whls Trade - Durable Goods 1,236,905 724,319 632,453 -12.7% 424* Whls Trade - Nondurable Goods 112,063 57,012 56,387 -1.1% 425' Wholesale Electronic Markets 2,781 1,437 922 -35.9% WHOLESALE TRADE TOTAL $ 1,351,748 $ Overall Wholesale Change from Previous Year * Sales Tax Mitigation NAICS Codes 09/21/2011 782,768 $ 689,761 ($93,007) -11.9% Overall General Retail Change from Previous Year SERVICES 51X Information 52X Finance & Insurance 53X Real Estate, Rental, Leasing 541 Professional, Scientific, Tech 551 Company Management 56X Admin, Supp, Remed Svcs 611 Educational Services 62X Health Care Social Assistance 71X Arts & Entertainment 10 TOTAL 553.763 54,281 420,554 183,693 250 111,875 61,029 74,501 110,146 10 YTD 317,172 26,535 209,747 92,981 209 61,763 35,299 38,980 66,553 5389,075 11 YTD 317,854 43,785 249,428 107,726 105 83,470 35,874 45,130 69,796 YTD % Diff 0.2% 65.0% 18.9% 15.9% -49.8% 35.1% 1.6% 15.8% 4.9% 9.9% 72X* Accommodation & Food Svcs 1,769,600 1,012,744 1,029,925 1.7% 81X Other Services 92X Public Administration TOTAL SERVICES 185,696 26,395 $ 3,551,783 $ Overall Services Change from Previous Year MISCELLANEOUS 10 TOTAL 000 Unknown 43 111 -115 Agriculture. Forestry, Fishing 313 211 -221 Mining & Utilities 14,355 999 Unclassifiable Establishments 100,745 MISCELLANEOUS TOTAL $ 115,457 $ Overall Miscellaneous Change from Previous Year Page 1 10 TOTAL 106,337 15,582 1,983,903 $ 10 YTD 102,439 24,021 2,109,554 $125,651 1 190 9,068 76,146 85,405 $ 10 YTD -3.7% 54.2% YTD 11 YTD % Diff 0 - 100.0% 136 -28.5% 2,338 -74.2% 205,872 170.4% 208,346 $122,941 11 YTD YTD % Diff 6.3% 143.9% GRAND TOTALS $14,579,726 $7,633,621 $8,732,354 Grand Total Change from Previous Year Grand Total Change from Previous Year - Without New Construction 8898,734 6560,080 rUK Soles Io>. Rpt 201107.dsz 11.47% 7.59% 2011 2010 2009 ca a) >- 2008 2007 2006 Six Year Comparison $8,7132,354 $7,833,6 $1U,48/,129 1 1 $8,332,869 1 $10,/43,b 8U $9,938,118 a i � $ $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 Sales Taxes Collected Year to Date 22