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Home My WebLink AboutFS 2011-11-22 COMPLETE AGENDA PACKETCity of Tukwila Distribution: K. Hougardy Finance and Safety 3. Hernanez D. Robertson Committee A. Ekberg Mayor Haggerton D. Cline O Kathy Hougardy, Chair P. McCarthy O Joan Hernandez D. Lincoln S. Brown O Dennis Robertson C.0'Raherty S. Kerslake K. Matej AGENDA TUESDAY, NOVEMBER 22, 2011 CONFERENCE ROOM #3, 5:00 PM Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. 2011 Justice Assistance Grant (under $40,000) Don Lincoln, Assistant Police Chief b. A resolution regarding the non represented employee wage and benefit package. Stephanie Brown, Human Resources Director c. A resolution establishing a new Finance Change Fund. Peggy McCarthy, Interim Finance Director d. Miscellaneous revenue report. Peggy McCarthy, Interim Finance Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS a. Information only. Pg.1 b. Forward to 11/28 C.O.W. Pg.19 and 12/5 Regular Mtg. c. Forward to 11/28 C.O.W. Pg.35 and 12/5 Regular Mtg. d. Information only. Pg.41 Next Scheduled Meeting: Tuesday, December 6, 2011 S 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. x City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Jim Haggerton Finance and Safety Committee FROM: Don Lincoln, Assistant Police Chief DATE: October 31, 2011 SUBJECT: Justice Assistance Grant 2011 ISSUE The Tukwila Police Department has been awarded a non matching Justice Assistance grant in the amount of 21,309.00. DISCUSSION The purpose of this grant is to provide funding to the Police Department in two critical areas. First is to purchase an Administrative Investigations Management Software program. This program will provide a mechanism to log, track and manage multiple forms of internal projects. such as Formal Investigations, Citizen Complaints, Collision Investigations and others. It also provides for an early notification system when an issue reaches a pre- identified threshold. The second portion of this grant provides for funding of critical first responder active shooter Go- Bags and support equipment. These Go -Bags are primarily designed for the officers to use in response to an active shooting situation. Because each officer's equipment may vary, there will be specific equipment issued by the department and covered under this grant that will be the same for each officer, and some equipment carried will be specific to the needs of the individual officer. While the $21,309 dollar amount is under the $40,000 threshold that requires Council approval and there is no required match in dollars, we wanted to make you aware of the grant award and the benefits to the department and the community. RECOMMENDATION Information Only. ATTACHMENTS Department of Justice Grant Documents x 11 -131 Council Approval N/A Department of Justice Office of Justice Programs Bureau of Justice Assistance I. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 IA. GRANTEE IRSNENDOR NO. 916001522 3. PROJECT TITLE Emergency Equipment and Technology Grant PAGE 1 OF 6 4. AWARD NUMBER: 2011 -DJ -BX -3330 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 08/23/2011 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD 11. TOTAL AWARD 10/01/2010 TO 09/30/2014 10 /01/2010 TO 09/30/2014 7. ACTION Initial $0 21,309 21,309 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FYI l (BJA JAG) 42 USC 3750, et seq. 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL I GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise O'Donnell Jim Haggerton Mayor Director 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OF ICIAL 19A. DATE AGENCY /Y mom 20. ACCOUNTING CLASSIFICATION CODES �I. KDJUGT0654 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 21309 OJP FORM 4000/2 (REV. 5 -87) PREVIOUS EDITIONS ARE OBSOLETE. s}- 9 or I �iLi-6� Q OJP FORM 4000/2 (REV. 4 -88) 1! 0 Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2011 -DJ -BX -3330 AWARD CONTINUATION SHEET Grant AWARD DATE 08/23/2011 SPECIAL CONDITIONS PAGE 2 OF 6 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A -133, Audits of States, Local Governments, and Non Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A -133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e -mail: oig.hotline @usdoj.gov hotline: (contact information in English and Spanish): (800) 869 -4499 or hotline fax: (202) 616 -9881 Additional infonmation is available from the DOJ OIG website at www.usdoj.gov /oig. 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency detennines that the recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. OJP FORM 4000/2 (REV. 4 -88) Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2011 -DJ -BX -3330 AWARD CONTINUATION SHEET Grant AWARD DATE 03/23/2011 SPECIAL CONDITIONS PAGE 3 OF 6 8. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of perfonning work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 9. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first -tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http: /www.ojp.gov /funding /cer.htni (Award condition: Central Contractor Registration and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply.to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non profit organization that he or she tnay own or operate in his or her name). 10. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF -425). 11. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 12. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit littp://www.iiiem.gov/implementationguide.php. OJP FORM 4000/2 (REV. 4 -88) Department of Justice Office of Justice Programs nx-M-: Bureau of Justice Assistance PROJECT NUMBER 201 I -DI -BX -3330 AWARD CONTINUATION SHEET Grant AWARD DATE 08/23/2011 SPECIAL CONDITIONS PAGE 4 OF 6 13. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is deternnined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http: /www.ojp.usdoj.gov /BJA /resource /nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 14. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c) -(d). Recipient may not satisfy such a fine with federal funds. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http: /www. it. ojp. gov /default. aspx ?area =pol icyAndPractice &page =1046. OJP FORM 4000/2 (REV. 4 -88) Department of Justice t Office of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2011 -DJ -BX -3330 AWARD CONTINUATION SHEET Grant AWARD DATE 08/23/2011 SPECIAL CONDITIONS PAGE 5 OF 6 16. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equaI_fbo.htm. 17. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance. 18. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 19. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 20. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 21. Award recipients must submit quarterly a Federal Financial Report (SF -425) and annual performance reports through GMS (https: /grants,ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103 -62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 22. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 23. Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and a -mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. OJP FORM 4000/2 (REV. 4 -88) Department of Justice k Office of Justice Programs Bureau of ,Justice Assistance o PROJECT NUMBER 201 I -DJ -BX -3330 PAGE 6 OF 6 AWARD CONTINUATION SHEET Grant AWARD DATE 08/23/2011 SPECIAL CONDITIONS 24. The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (intemet based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties /rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 25. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received documentation demonstrating that the state or local governing body review and /or community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition. 26. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Program Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 27. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Abstract portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. OJP FORM 4000/2 (REV. 4 -88) Nl 10 Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington. D.C. 10531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Tukwila The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http: /www.ojp. usdoj .govBJA /resource/iiepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. 11 12 Department of Justice Office of Justice Programs Bureau of Justice Assistance This project is supported under FYI I (BJA -JAG) 42 USC 3750, ct seq. 1. STAFF CONTACT (Name telephone number) Jeffrey S. Felten -Green (202) 514 -8874 3a. TITLE OF THE PROGRAM FY 2011 Justice Assistance Grant Program 4. TITLE OF PROJECT Emergency Equipment and Technology i 5. NAME ADDRESS OF GRANTEE City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 7. PROGRAM PERIOD FROM: 10/01/2010 TO: 09/30/2014 9. AMOUNT OF AWARD 21,309 11. SECOND YEAR'S BUDGET 13. THIRD YEAR'S BUDGET PERIOD 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant PROJECT NUMBER 201 1 -DJ -BX -3330 PAGE I OF I 2. PROJECT DIRECTOR (Name, address telephone number) Donald Lincoln Assistant Chief 6300 Southcenter Boulevard Tukwila, WA 98188 -2544 (206) 431 -3667 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 6. NAME ADRESS OF SUBGRANTEE 8. BUDGET PERIOD FROM: 10/01/2010 TO: 09/30/2014 10. DATE OF AWARD 08/23/2011 12. SECOND YEAR'S BUDGET AMOUNT 14. THIRD YEAR'S BUDGET AMOUNT The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The city of Tukwilla will use 2011 JAG funds for activities and projects [hat will provide meaningful and measurable outcomes consistent with the goals of the JAG Program. NCA/NCF OJP FORM 4000/2 (REV. 4 -88) 13 14 Department of Justice I fA Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Wnshinglnn, D.C. 20531 August 23, 2011 The Honorable Jim Haggerton City of Tukwila 6200 Southeenter Boulevard Tukwila, WA 98188 Dear Mayor Haggerton On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation in the amount of $21,309 for City of Tukwila. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the tenns of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: Program Questions, Jeffrey S. Felten- Green, Program Manager at (202) 514 -8874; and Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458 -0786, or you may contact the CSC at ask.ocfo @usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures lC-i 140 n August 23, 2011 The Honorable Jim Haggerton City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Dear Mayor Haggerton: Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 20531 Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuing that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http: /www.lep.gov. Ensuring Equal Treatment for Faith -Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith -based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these.organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its of directors. The regulation also prohibits faith -based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith -based organizations can engage in non funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more infonnation on the regulation, please see OCR's website at http:// www .ojp.usdoj.gov /ocr /etfbo.htm. State Administering Agencies and faith -based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case -by -case basis, to require that its funding agencies permit faith -based organizations applying for funding under the applicable program statutes both to receive DOJ finds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office. 17 Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(l) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (ESOP), 28 C.F.R. 42.301 -.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.13, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http: www.ojp.usdoj.gov /ocr /ecop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616 -3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http: /www.ojp.usdoj.gov /ocr /eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Fonn can be found at http: /www.ojp.usdoj.gov /ocr /ceop.htm. 2) Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307- 0690 or visit our website at littp: /www.ojp.usdoj.gov /ocr Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst in City of Tukwila TO: FROM: DATE: SUBJECT Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee Stephanie Brown, Human Resources Director November 16, 2011 2012 Non Represented Wages At the October 18, 2011 meeting of the Finance and Safety Committee, the committee requested additional information from staff regarding the analysis conducted on the non represented wage and benefit study. This information will be brought back for discussion at the November 22, 2011 Finance and Safety Committee meeting. ISSUE 2012 Non Represented Wage Schedule analysis based on external comparables and internal equity. BACKGROUND In alignment with Resolution No. 1537, establishina a Non Represented MR) Emplovees' Compensation Plan, a wage study has been conducted for calendar year 2012. The resolution requires that a market analysis be done every other year for the upcoming year for Non Represented positions. The current analysis has been conducted based on information in the Association of Washington Cities (AWC) 2011 Salary and Benefit Study. As in the past, a comparison was done of external comparables (cities) and internal equity (union pay scales). The following comparable cities were used for this study: Com,oarables Auburn Kent Lynnwood Redmond Bothell Kirkland Mountlake Terrace Renton DISCUSSION Puyallup Sea -Tac In 2009, a non represented market study reflected that relative to the market, the non represented employees were falling behind. Fairly soon after the study, the economy took a major hit and with it a shift in how wages and benefits were considered by the cities going into 2010. Upon presenting the wage study to the City Council, a decision 19 INFORMATIONAL MEMO Page 2 was made that in 2010 non represented positions banded at levels Al 1 -D61 would receive an average wage increase of 4.14% based on the 2009 market study, and positions banded D62-Fl 02 would receive no market increase, and their wages have been frozen at the 2009 salary level since that time. The strategy to address the City budget shortfall in 2010 was to request our represented and non represented employees take reductions in wages and /or benefits for 2011. As a result, our Fire Union and Non Represented employees did not receive COLA increases this year, and the remaining represented employees (Teamsters' and USW Non Commissioned) received their negotiated cost of living adjustments. The Police Guild contract expired in December 2010. Attached to this memorandum is a table that shows the wage and cost of living adjustments (COLA) for all groups since 2009. Internal equity continues to create a wage gap as the represented groups receive negotiated cost of living adjustments. In looking at the internal equity issue, the non represented top step wage information is compared to the represented top step for 2011, which shows the represented wages have increased 3% to 6 This is also becoming apparent in upper level management positions where first level supervisors are earning a higher wage then Assistant or Department Directors whose wages are at 2009 salary levels. In light of the above, it is important to keep the non represented wages consistently moving in alignment with the market and with represented wages. In addition, we must remain competitive in salary and benefits to retain existing staff and attract applicants to positions at the City. There has been some improvement in the wages of our competing jurisdictions as the market study has shown. We also are seeing a resurgence of competition for upper level management positions. If we do not bring our salaries in alignment with the market, we will be faced with the possibility of losing key upper level management positions, which will have an effect on our succession plans into the future. The Decision Band Methodology (DBM) and regression line analysis have been completed for the non represented market study using the data from the 2011 AWC salary study in determining the "best line of match The analysis shows that positions banded at D62-Fl 02 are below market, and positions banded at Al 1 -D61 are at market. RECOMMENDATIONS The following Non Represented employee wage increase for 2012 is presented to the Mayor and Council for consideration: Approve the 2012 Non Represented salary schedule, effective January 1, 2012 providing a market wage adjustment as determined by regression analysis (see attached draft resolution), for positions banded D62 -F102, which provides for external comparability and internal equity; and provide a three percent (3 increase to those at the A, B, C, and D61 levels (generally technical and staff W INFORMATIONAL MEMO Page 3 support levels), in order to maintain internal equity for these positions, which have more internal similarity with the represented positions. The estimated cost to implement this increase for wages is $162,390. The market adiustment, and internal three aercent (3 eauity increase to the overall non represented salary schedule is $4,071,042,which is below the 2012 budaet of $4,161.988. The Benefit change for 2012 for non represented employees is to reduce the amount the City funds for medical contributions from 10% down to 8 (See attached benefit summary sheet) This change is reflective of the City Council's interest in aligning with our comparable jurisdictions in employee cost sharing for their medical insurance. The City Council is being asked to consider this change along with the adjustments to the wages for non represented employees. MAYOR'S RECOMMENDATION: The Mayor has reviewed the wage scenario above. He recognizes the current budget concerns however, he realizes the need to keep in alignment with the external market, decrease the internal equity compression, and remain competitive for salaries with our comparable jurisdictions for upper management level positions. Therefore, he recommends the City Council approve the 2012 Non Represented salary and benefits effective January 1, 2012, which provides for a market adjustment as determined by the regression analysis for positions banded D62 -F102, and provide a three (3 increase to those at A, B, C, and D61 levels in order to maintain internal equity for these positions, which have internal similarity with the represented positions. The Council is being asked to consider this issue at the November 28, 2011 Committee of the Whole meeting, and December 5, 2011, Regular meeting. ATTACHMENTS -Draft Resolution Attachment A: 2012 Wage Schedule Attachment B: 2012 Benefits Attachment C: 2012 Longevity Pay -Wage Adjustment table for represented and non represented employees. 21 22 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING AND CLARIFYING THE NON REPRESENTED EMPLOYEES' COMPENSATION AND ADOPTING THE NON REPRESENTED SALARY SCHEDULE AND BENEFITS SUMMARY, EFFECTIVE JANUARY 1, 2012. WHEREAS, the Tukwila City Council has conducted a review of the non represented employees' compensation system that was originally implemented in January 1998; and WHEREAS, the City Council recognizes that current economic conditions and forecasts are a consideration in actions that deal with the compensation of employees; and WHEREAS, the City Council has made a determination to review the non represented compensation for even numbered years and provide cost -of- living allowances (COLAs) in odd numbered years; and WHEREAS, a compensation study has been conducted and the recommended non represented wage schedule and benefit information has been prepared for implementation on January 1, 2012; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The following statements have been used for the purpose of adopting the non represented employees' wages for 2012 and consideration for future years. A. The following basic plan elements remain the same: 1. Decision Band Methodology (DBM) for creating classifications. 2. Market analysis using comparable jurisdictions' top -step wages. 3. Data was gathered through use of the "Association of Washington Cities (AWC) Salary and Benefits Survey a publication that garners wide participation of our comparables. W: \Word Process ing \Resolutions \Non Represented Employees Compensation -2012 10 -11 -11 SB:bjs Page 1 of 3 23 4. Regression line analysis to establish the Control Point for each DBM rating. (Regression Line Analysis provided by Fox Lawson Associates, LLC, based on Human Resources Department acquired market data). 5. Steps below the Control Point (Wage Schedule Top Step) are automatic as individuals move through the system. 6. Ranges for all bands (A11 -F102) of the Decision Band Methodology have been established based on the outcome of the regression analysis (line of best fit) in creating the 2012 wage schedule. 7. Ranges A11 -D61 wages for 2012 will receive a 3% wage adjustment on January 1, 2012 for positions in these Decision Bands. 8. Ranges D62 -F102 wages for 2012 are based on the outcome of the trend line analysis. Wage increases for these Decision Bands shall be as shown on the attached Salary Schedule, "Attachment A." 9. A "market adjustment" is normally applied to a position when the wage survey results establish a new control point, and internal compression exists within the career ladder, or where there is difficulty in recruiting and /or retaining qualified employees. In order to assure that the integrity of the Decision Band Method is maintained, while recognizing a wage gap based on market conditions for a specific position, the "market adjustments" may be made in future years. When implemented, the "market adjustment" shall be calculated by taking the difference between the newly established control point and the market average wage for the position, and applying it on top of the established salary range for the position. This market adjustment shall be reviewed every two years from the time it is implemented (if implemented) as part of the salary study and may be eliminated or changed based on the results of the survey. B. The non represented salary schedule for 2012 provides an average market trend increase as a whole, at the top step (control point). Individual DBM increases may vary on the wage schedule based on where they fit in the overall regression analysis that develops the market trend line. This analysis brings the wage schedule in alignment with external comparables. C. The City shall continue to conduct in -house market analysis of the non represented compensation system during odd numbered years, using outside assistance on regression line analysis calculations as needed. The results of the analysis will be considered for implementation on January 1 of the following even numbered year. D. A COLA increase shall be considered for application each January 1 during odd numbered years, based on the Seattle- Tacoma Bremerton Consumer Price Index (CPI -W) Average (first half of 2011 to first half of 2012). E. The Decision Band method of job evaluation will be used to establish classifications and the relative internal value and relationship of non represented jobs within the City of Tukwila. W: \Word Processing \Resolutions \Non Represented Employees Compensation -2012 10 -11 -11 SB:bjs Page 2 of 3 24 F. Merit will continue to be eliminated from the plan at this time and may be reconsidered as a plan element in subsequent years. G. Step increases from the minimum to the control point for all positions shall be given annually on the employee's performance review date. There will be no step increases for employees at or above the control point. Section 2. Non represented salary schedule, employee benefits summary and longevity pay plan. A. The Non Represented Salary Schedule, "Attachment A" hereto, shall be approved, effective January 1, 2012. B. The Non Represented Employee Benefits Summary, "Attachment B" hereto, shall be approved, effective January 1, 2012. C. The Longevity Pay Plan for Non Represented Employees, "Attachment C" hereto, shall be approved, effective January 1, 2012. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Allan Ekberg, Council President APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Attachments: Filed with the City Clerk: Passed by the City Council: Resolution Number: Attachment A, Non Represented Salary Schedule 2012 Attachment B, Non Represented Employee Benefits Summary 2012 Attachment C, Longevity Pay Plan for Non Represented Employees 2012 W: \Word Processing \Resolutions \Non Represented Employees Compensation -2012 10 -11 -11 SB:bjs Page 3 of 3 25 26 ATTACHMENT A City of Tukwila Non Represented Salary Schedule 2012 Classificati Title Administrative Support Technician Office Technician Office Specialist Administrative Assistant Job Title Administrative Support Technician Human Resources Technician Administrative Secretary C ivil Se rvice S Ex Deputy City Clerk Executive Secretary Administrative Secretary I Council Administrative Assistant Program Coordinator Management Coordinator Management Analyst Program Administrator Program Manager Adninistrative Manager Systems Administrator Human Resources Assistant City Clerk Court Administrator Police Records Manager Legislative Analyst Human Resources Analyst Public Works Analyst Internal Operations Manager Public Works Coordinator Emergency Manager Assistant City Administrator Senior Engineer Building Official IT Manager Maintenance Operations Manager W: \Word Processing \Resolutions \Non Represented Employees Compensation -2012 Attachments SB:bjs Range I Al2 B21 B22 B23 C41 C42 C43 D61 D62 27 ATTACHMENT A (continued) Non Represented Salary Schedule 2012 (continued) Assistant Director Department Manager Department Administrator Department Head Department Director City Administrator Deputy Community Development Director Deputy Finance Director Deputy Public Works Director Deputy Parks Recreation Director Assistant Fire Chief Assistant Police Chief City Engineer Economic Development Administrator Human Resources Director DCD Director Finance Director IT Director Parks Recreation Director Fire Chief Police Chief Public Works Director City Administrator W: \Word Processing \Resolutions \Non Represented Employees Compensation -2012 Attachments SB:bjs D63 IYO E81 E83 E91 F102 i ATTACHMENT A (continued) 2012 Non Represented Salary Structure (Monthly) DBM (Minimum) Rating Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 All 3,6411 3,7551 3,8701 3,9831 4,0961 Al2 1 3,9291 4,0551 4,1801 4,3021 4,4251 1 A13 1 4,2281 4,3581 4,4911 4,6231 4,7531 1 B21 1 4,4161 4,5811 4,7491 4,9131 5,0831 B22 1 4,7031 4,8791 5,0561 5,2331 5,4121 1 B23 1 4,9871 5,1751 5,3621 5,5501 5,7401 B31 1 5,2341 5,4641 5,6931 5,9211 6,1511 B32 1 5,6521 5,9001 6,1481 6,3961 6,6451 1 C41 1 5,8791 6,1131 6,3481 6,5851 6,8211 7,0561 C42 1 6,1491 6,3971 6,6421 6,8891 7,1361 7,3841 C43 1 6,4231 6,6811 6,9391 7,1961 7,4521 7,7131 C51 1 6,6321 6,9291 7,2281 7,5261 7,8231 8,1251 C52 1 7,0881 7,4081 7,7271 8,0461 8,3671 8,6181 D61 1 7,2231 7,5851 7,9461 8,3091 8,6711 9,0291 D62 1 7,2781 7,6401 8,0041 8,3671 8,7321 9,0941 D63 1 7,5331 7,9101 8,2871 8,6641 9,0411 9,4151 D71 1 7,7061 8,1271 8,5501 8,9731 9,3941 9,8191 D72 1 8,0871 8,5281 8,9711 9,4121 9,8551 10,2971 E81 1 8,1721 8,5811 8,9901 9,3961 9,8351 10,2761 10,697 E82 1 8,4721 8,8981 9,3221 9,7461 10,1721 10,5981 11,021 E83 1 8,7211 9,1591 9,5941 10,0321 10,4661 10,9031 11,341 E91 1 9,0251 9,4771 9,9291 10,3811 10,8331 11,2851 11,737 E92 1 9,3891 9,8611 10,3321 10,8011 11,2721 11,7431 12,212 F101 1 9,7661 10,2541 10,7431 11,2331 11,7231 12,2091 12,699 F102 1 10,1331 10,6401 11,1481 11,6561 12,1631 12,6701 13,178 2012 rate adjustments include 3% forA11 -D61, 5% for D62-E91, 4.9% for E92 -F101 and 6.9% for F102. 2012 salary increases 2012 nonrep Salaries Partial 10/12/2011 29 30 ATTACHMENT B Non Represented Employee Benefits Summary 2012 Social Security (FICA): Social Security benefits shall be provided as contained in Section 2.52.010 of the Tukwila Municipal Code (TMC). State -Wide Emplovee Retirement Svstem (PERS): Retirement shall be provided as contained in Section 2.52.020 of the TMC. Holidays: Holidays shall be provided as contained in Section 2.52.030 of the TMC. Regular part -time employees shall be entitled to benefits on a pro -rata basis. Sick Leave: Sick leave shall be provided as contained in Section 2.52.040 of the TMC. Regular part -time employees shall be entitled to benefits on a pro -rata basis. Medical Insurance: The City shall pay 100% of the 2012 premium for regular full -time employees and their dependents under the City of Tukwila self insured medical/ dental plan. Premium increases above 8% per year shall result in a modified plan document to cover the additional cost above 8 or a premium shall be implemented for the difference, at the City's discretion. The City reserves the right to select all medical plans and providers. Regular part time employees shall be entitled to benefits on a pro -rata basis. Employees who choose coverage under the Group Health Cooperative plan shall pay the difference between the City of Tukwila plan full family rate and the rate charged to them by Group Health. Dental Insurance: The City shall provide 100% of the 2012 premium for regular full -time employees and all dependents under the City of Tukwila self insured medical /dental plan for dental coverage. Regular part -time employees shall be entitled to the same benefits on a pro rata basis. Life Insurance: For regular full -time employees, the City shall pay the premium for Plan C (Multiple of annual earnings) or similar group life and accidental death and dismemberment insurance policy. Said plan shall be at 100% of annual earnings rounded up to the next $1,000. Regular part -time employees that work at least 20 hours per week shall be entitled to benefits on a pro -rata basis (per insurance program requirements). Vision/Optical: To non represented regular full -time employees and their dependents at the rate of $200 per person, to a maximum of $400 per family unit each year. Regular part -time employees and their dependents shall be entitled to benefits on a pro -rata basis. Disabilitv Insurance: The City shall provide 100% of the premium for regular full -time employees for a comprehensive long -term disability policy. Regular part -time employees that work at least 20 hours per week shall be entitled to benefits on a pro -rata basis (per insurance program requirements). Health Reimbursement Arranzement/Voluntary Emplovee Benefit Association (HRA/ VEBA): VEBA benefits shall be provided as contained in Resolution No. 1445 and as amended. (continued...) W: \Word Processing \Resolutions \Non Represented Employees Compensation -2012 Attachments SB:bjs 31 ATTACHMENT B (continued) Non Represented Employee Benefits Summary 2012 Vacation: Following the sixth month of continuous employment, annual vacation leave of six full days (each day is calculated at eight hours, regardless of schedule worked) shall be granted. Thereafter, an additional day of annual leave shall accrue each month, up to a total of 12 days. Three additional days of annual leave shall be granted on the employee's anniversary date after the third, fourth and fifth years. After six years, the employee shall be granted one day per year additional annual leave to a maximum of 24 days per year. The maximum number of accrued hours is 384 or 48 days. Years of Service Vacation Accrual 12 days* 12 days Years of Service 10 years Vacation Accrual 0 -1 years 1 -2 years 3 -6 years 7 years 8 years 9 years 15 days 16 days 17 days 18 days 19 days 11 years 20 days 12 years 21 days 13 years 22 days 14 years 23 days 15 years 24 days (maximum) *Six full days will be granted following the sixth month of continuous employment. (Days accrue at eight hours, regardless of schedule worked.) Regular part -time employees shall be entitled to benefits on a pro -rata basis. Uniform Allowance: An annual uniform allowance of $350 shall be granted to the following employees: Fire Chief, Assistant Fire Chief, Police Chief, Assistant Police Chief, and Records Manager. ATTACHMENT C Longevity Pay Plan for Non Represented Employees 2012 The monthly longevity flat rates shall be as follows for regular full -time employees after the completion of the number of years of full time employment with the City set forth below. Regular part -time employees shall receive longevity on a pro -rata basis. Completion of 5 years $75 Completion of 10 years 100 Completion of 15 years 125 Completion of 20 years 150 Completion of 25 years 175 Completion of 30 years 200 W: \Word Processing \Resolutions \Non Represented Employees Compensation -2012 Attachments SB:bjs 32 City of Tukwila COLA Adjustments 2009 -2012 Represented and Non - Represented Positions Non - Represented: Bands A11 -D61 Bands D62 -F102 Teamsters Police Non - Commissioned (USW) Police Commanders (USW) Police Commissioned (Guild) Fire 2009 2010 2011 2012 Non - Represented Wages 2009 wages represent a COLA adjustment based on 2008 CPI formula. 2009 market study is for 2010 wage adjustment. 2011 wages represent a COLA adjustment based on 2010 CPI formula. 2011 market study is for 2012 wage adjustment. 4.50% Market Average 4.14% Wages Frozen 4.50% Wages Frozen Wages Frozen 4.25% 3.375% 3.375% 90% CPI -W Min 2.5% Max 4.5% 4.25% 3.25% 3.25% 90% CPI -W Min 3% Max 4.5% Same as Non -Rep Same as Non -Rep Bands D62 -F102 Market Adjustment 90% CPI -W Min 2.5% Max 3.5% 3.50% 3.50% Currently in contract negotiations 4.20% 4.00% Wages frozen as a wage concession Currently in contract negotiations Non - Represented Wages 2009 wages represent a COLA adjustment based on 2008 CPI formula. 2009 market study is for 2010 wage adjustment. 2011 wages represent a COLA adjustment based on 2010 CPI formula. 2011 market study is for 2012 wage adjustment. 34 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance Safety Committee FROM: Peggy McCarthy, Interim Finance Director DATE: November 2, 2011 SUBJECT: Establishment of a second $100.00 Change Fund Level for the Finance Department ISSUE To establish a second, new $100.00 change fund level for the Finance Department and repeal Resolution No. 1721. BACKGROUND A second Finance Department cash register was installed in October to provide for operational efficiency and improved customer service. It is the desire of staff to establish a second change fund level in the amount of $100.00 for this second cash register. DISCUSSION The attached proposed resolution will establish a second change fund level for the Finance Department as follows: Finance Department: General Fund (000) 100.00 Water Fund (401) 100.00 Total Finance Department 200.00 Once the City Council approves the establishment of the second change fund level for the Finance Department through the repeal of Resolution No. 1721, a claims disbursement check will be issued through Accounts Payable to release the funds. RECOMMENDATION The Council is being asked to consider this item at the November 28, 2011 Committee of the Whole meeting and subsequent December 5, 2011 Regular Meeting. ATTACHMENTS -Draft Resolution Resolution No. 1721. 35 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SECOND FINANCE DEPARTMENT CHANGE FUND LEVEL, AND REPEALING RESOLUTION NO. 1721. WHEREAS, the Tukwila City Council previously established Change Funds and Petty Cash Fund levels, most recently by Resolution No. 1721, passed July 19, 2010; and WHEREAS, the Change Fund levels established by Resolution No. 1721 included only one Change Fund level for the Finance Department, from the Water Fund -401; and WHEREAS, there is a need to establish a second Change Fund level from the General Fund -000 in the amount of $100.00 for the Finance Department for operational efficiency and improved customer service, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Change Fund levels are hereby set as follows: Finance Department Finance Department City Clerk's Office Seattle Southside Visitor Center Municipal Court Parks and Recreation Golf Course General Fund 1 Water Fund General Fund Hotel /Motel Tax Fund General Fund General Fund Foster Golf Course Fund W: \Word Processing \Resolutions \Finance Dept- Second Change Fund Level 11 -3 -11 RT:bjs 000 401 000 101 000 000 411 100.00 100.00 100.00 100.00 300.00 300.00 1,200.00 (or less as needed) Page 1 of 2 37 Section 2. The Petty Cash Fund levels are hereby set as follows: Finance Department lGeneral Fund 000 1 800.00 Police Investigation /Tukwila lGeneral Fund 000 1 10,000.00 Fire Department lGeneral Fund 000 1 350.00 Parks and Recreation lGeneral Fund I 000 1 500.00 Public Works Division II lGeneral Fund 000 1 350.00 Public Works Division I lGeneral Fund 000 1 200.00 Section 3. Resolution No. 1721 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 1 2011. ATTEST /AUTH ENTICATED: Christy O'Flaherty, CMC, City Clerk Allan Ekberg, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Shelley M. Kerslake, City Attorney WAWord Processing \Resolutions \Finance Dept- Second Change Fund Level 11 -3 -11 RT:bjs Page 2 of 2 i CJ I.L S N 1909 City of Tukwila Washington Resolution No. Lr7 Q I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SEATTLE SOUTHSIDE VISITOR CENTER CHANGE FUND LEVEL; AND REPEALING RESOLUTION NO. 1676. WHEREAS, the Tukwila City Council previously established Change Funds and Petty Cash Fund levels, most recently by Resolution No. 1676, passed February 2, 2009; and WHEREAS, for the implementation of new retail operations, cashiering functions and improved customer service, there is a need to establish a new change fund level in the amount of $100.00 for the Seattle Southside Visitor Center; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Change Fund levels are hereby set as follows: Finance Department Water Fund 0001 100.001 City Clerk's Office 1 General Fund 0001 100.001 Seattle Southside Visitor Center I Hotel /Motel Tax Fund lol 100.001 Municipal Court General Fund 0001 300-001 Parks and Recreation 1 General Fund 0001 300-001 Golf Course I Foster Golf Course Fund 411 I 1,200.00 (or less, as needed) Section 2. The Petty Cash Fund levels are hereby set as follows: Finance Department 1 General Fund 0001 800.001 Police Investigation /Tukwila 1 General Fund 000 10,000.001 1 Fire Department I General Fund 0001 350-001 Parks and Recreation 1 General Fund 0001 500.001 Public Works Division II 1 General Fund 0001 350.001 Public Works Division I 1 General Fund 000 1 200.001 Section 3. Resolution No. 1676 is hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 7� day of 2010. J I ATTEST/ AUTHENTICATED• Robertson, Council President Christy O "Fl erty, CMC, Citftlerk APPROVED T RM BY: O of the ey Filed with the City Clerk: Passed by the City Council: Resolution Number: W \Word Processing\Resolufions\Southside Change Fund.docx PM:mrh 7/13/2010 Page 1 of 1 G .s City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO FROM DATE Mayor Haggerton Finance and Safety Committee Peggy McCarthy, Interim City Administrator November 15, 2011 SUBJECT: Miscellaneous Revenue Report for August 2011 Schedule I Sales Tax in 1,000's Sales Receipt 2010 2011 2011 -2011 Actual Over (Under) 2011 Estimate-- Month Month Actual Estimated Actual Month YTD Month YTD Jan Mar 1,034 1,080 1,039 (41) (41) -3.80% -3.80% 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 1,216 40 698 3.40% 7.55% Sept Nov 1,357 1,185 Oct Dec 1,082 1,036 Nov Jan12 1,202 1,101 Dec Feb12 1,889 1,628 Totals 14,580 14,200 9,948 Mitigation Received 917 10,865 106.87% of Budget Incl. Mitigation Sales tax collections for August were level as compared with the same month in the previous year and were $40K more than budget representing a 3.40% increase. Year -to -date, collections are 7.55% greater than budget and 9.92 greater than the prior year year -to -date collections. Excluding one -time money from new construction, collections are 5.87% ahead of last year's collections to date. Including mitigation payments, sales tax collections are currently at 106.87% of budget for the year. Mitigation payments are now annualized and will only be adjusted once per year in the fall, effective with the December 31 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. Schedule II shows the year -to -date sales tax from the top ten industry classifications. Electronics and Appliances had the highest increase at $326,174 or 56 and Construction of Buildings had an increase of $248,023 or 71 The largest decline of $114,154 or 13.7% occurred with the Wholesale Trade, Durable Goods category. 41 INFORMATIONAL MEMO Page 2 Schedule II Mitigated NAICS Code As illustrated above, four of the top ten merchant categories have declined versus prior year, and all but two 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. 448 Clothing and Accessories 1,258,464 1,227,421 31,043 452 General Merchandise Stores 1,231,694 1,259,921 (28,228) 443 Electronics and Appliances 907,900 581,726 326,174 722 Food Services, Drinking Places 879,705 884,514 (4,809) 423 Wholesale Trade, Durable Goods 713,809 827,963 (114,154) 236 Construction of Buildings 597,632 349,609 248,023 441 Motor Vehicle and Parts Dealer 400,251 400,001 250 451 Sporting Goods, Hobby, Books 393,075 391,607 1,469 444 Building Material and Garden 333,925 344,724 (10,799) 721 Accommodation 317,304 286,476 30,828 Mitigated NAICS Code As illustrated above, four of the top ten merchant categories have declined versus prior year, and all but two 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 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:1FIN Projects\Sales Tax Information120111Info Memo Sales Tax 10312011.docx 42 YTD YTD Dollar Group Name Current Prior Diff. 423 Wholesale Trade, Durable Goods 713,809 827,963 (114,154) 517 Telecommunications 224,878 250,889 (26,011) 336 Transportation Equipment Man 75,715 88,856 (13,141) 811 Repair and Maintenance 56,928 66,608 (9,680) 611 Educational Services 37,640 40,979 (3,339) 531 Real Estate 22,721 25,850 (3,129) 323 Printing and Related Support 28,625 31,337 (2,712) 512 Motion Picture, Sound Record 18,963 21,287 (2,324) 322 Paper Manufacturing 12,862 14,094 (1,232) 485 Transit and Ground Passengers 11,837 12,368 (531) 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:1FIN Projects\Sales Tax Information120111Info Memo Sales Tax 10312011.docx 42 INFORMATIONAL MEMO Page 3 Schedule IV Gambling Tax 2010 2011 Month Actual Actuals Sales 2010 2011 2011 2011 Actual Over /(Under) 2011 Estimate Quarter Actual Estimated Actual Month YTD Month YTD Jan Mar 502,831 626,451 466,375 (160,076) (160,076) 25.55% 25.55% Apr Jun 483,843 602,795 377,513 (225,282) (385,359) 37.37% 31.35% Jul Sep 390,078 485,978 380,592 (105,386) (490,745) 21.69% 28.61% Oct Dec 549,647 684,777 31.92% -22.01% Totals $1,926,399 $2,400,000 1,224,479 Gambling receipts are currently $490,745 under budget through September 2011, or 28.61% below budget. Actual receipts for 2011 are 11 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. 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 Jan 52,751 57,532 Feb 39,232 42,788 Mar 51,861 56,562 Apr 39,294 42,855 May 35,365 38,570 June 48,428 52,818 July 62,293 67,939 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 Actua Is 2011 2011 Actual Over /(Under) 2011 Estimate Actual Month YTD Month YTD 31,217 (26, 315) (26, 315) 45.74% 0.00% 30,403 (12,385) (38,701) 28.95% 38.58% 39,696 (16,866) (55,566) 29.82% 35.42% 28,705 (14,150) (69,717) 33.02% 34.90% 38,944 373 (69, 343) 0.97% 29.10% 57,325 4,508 (64,836) 8.53% 22.27% 50,835 (17,104) (81, 940) 25.18% 22.82% 42,963 (3,153) (85, 093) -6.84% 21.00% 28,108 (13,176) (98,270) 31.92% -22.01% 348,196 Admission tax receipts are currently 22.01% below budget for the year, and 17% below prior year actual receipts. The decline with one of the largest taxpayers is due to a decline in economic activity for that industry, a movie theater, and may also be related to the road closure related to the Southcenter Access Project. Also, it is expected that there will be an increase in admission tax payments with the recent opening of the Fly indoor skydiving facility near the mall. Please let me know if you have any comments or questions. Thank you. WAFIN Projects\Sales Tax In formation1201111nfo Memo Sales Tax 10312011.docx 43 x 1 1 SALES TAX SUMMARY August 2011 (Received in October) NAICS CONSTRUCTION 236 Construction of Buildings 237 238 10 TOTAL 588,919 Heavy & Civil Construction 37,857 Specialty Trade Contractors 290,486 TOTAL CONSTRUCTION $ 917,262 $ Overall Construction Change from Previous Year 10 YTD 349,609 14,779 171,913 536,301 $ 11 YTD 597,632 30,509 276,074 904,215 $367,915 YTD % Diff 70.9% 106.4% 60.6% NAICS AUTOMOTIVE 10 TOTAL 10 YTD 11 YTD YTD % Diff 441' Motor Vehicle & Parts Dealer 596,727 400,001 400,251 0.1% 447* Gasoline Stations 67,583 44,675 46,529 4.2% 68.6% NAICS TOTAL AUTOMOTIVE $ 664,310 $ Overall Automotive Change from Previous Year RETAIL TRADE 10 TOTAL 444,676 $ 10 YTD 446,780 $2,104 11 YTD % Diff 0.5% YTD MANUFACTURING 10 TOTAL 10 YTD 11 YTD % Diff 442* Furniture & Home Furnishings 374,775 244,443 241,325 -1.3% 443* Electronics & Appliances 1,003,415 581,726 907,900 56.1% 311 Food Manufacturng 5,995 2,165 2,735 26.4% 312 Beverage & Tobacco Products -895 -2,375 2,314 - 197.4% 313 Textile Mills 88 52 439 738.5% 314 Textile Product Mills 13,503 9,666 6,881 -28.8% 315 Apparel Manufacturing 38 15 411 2682.7% 316 Leather& Allied Products 2 1 5 288.6% 444* Building Material & Garden 499,394 344,724 333,925 -3.1% 445* Food & Beverage Stores 101,958 57,282 82,813 44.6% 446* Health & Personal Care 178,919 111,415 138,684 24.5% 448* Clothing & Accessories 2,021,704 1,227,421 1,258,464 2.5% 451" Sporting Goods, Hobby, Books 648,678 391,607 393,075 0.4% 452* General Merchandise Stores 2,068,263 1,259,921 1,231,694 -2.2% 321* Wood Product Manufacturing 1,627 1,112 1,312 18.0% 453* Miscellaneous Store Retailers 481,324 296,149 304,764 2.9% 322* Paper Manufacturing 21,585 14,094 12,862 -8.7% 454* Nonstore Retailers 111,045 64,730 77,782 20.2% 323* Printing & Related Support 54,341 31,337 28,625 -8.7% TOTAL RETAIL TRADE $ 7,489,475 $ 4,579,417 $ 4,970,426 324 Petroleum & Coal Products 325 Chemical Manufacturing 326 Plastic & Rubber Products I 327* Nonmetallic Mineral Products 3.062 7,458 3.142 2,641 4,869 2,097 1,273 6,373 2,837 -51.8% 30.9% 35.3% 3,667 761 3,646 379.3% Overall General Retail Change from Previous Year SERVICES 331 Primary Metal Manufacturing 332 Fabricated Metal Mfg Products 333 Machinery Manufacturing 334* Computer & Electronic Products 725 -Z641 10,120 219 4,463 7,492 181 2,436 1,366 -17.3% -45.4% -81.8% 5,592 3,015 11,278 274.0% 335 Electric Equipment, Appliances 336 Transportation Equipment Mfg 337* Furniture & Related Products 339* Miscellaneous Manufacturing 523 290,984 10,326 11,140 125 88,856 6,752 7,060 184,417 $ TOTAL MANUFACTURING $ 440,381 $ Overall Manufacturing Change from Previous Year TRANSPORTATION & WAREHOUSING 481 Air Transportation 482 Rai Transportation 484 Truck Transportation 485 Transit and Ground Passengers 487 Scenic and Sightseeing Tran 488 Transportation Support 491 Postal Services 492 Couriers & Messengers 493' Warehousing & Storage 10 TOTAL 126 1.0% 75,715 -14.8 % 6,237 -7.6% 7,406 4.9% 4 731 344 17,813 0 29,089 0 372 10 YTD 0 254 165 12,368 0 19,724 0 236 174,459 (69,958) 11 YTD 44 506 3,680 11,837 579 19,830 223 21 YTD % Diff 0.0% 99.6% 2126.3% -4.3% #DIV /0! 0.5% #DIV /0! -90.9% -5.4% 957 696 647 -7.0 TOTAL TRANSP & WHSING $ 49,309 $ Overall Transportation Change from Previous Year WHOLESALE TRADE 10 TOTAL 33,443 $ 10 YTD 37,369 $3,925 11 YTD YTD % Diff 11.7% 423* Whls Trade - Durable Goods 1,236,905 827,963 713,809 -13.8% 424* Whls Trade - Nondurable Goods 112,063 66,641 63,956 425" Wholesale Electronic Markets 2,781 1,662 1,152 -30.7% WHOLESALE TRADE TOTAL $ 1,351,748 $ Overall Wholesale Change from Previous Year ' Sales Tax Mitigation NAICS Codes 11/15/2011 896,266 $ 778,917 ($117,349) -13.1% 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 348,630 29,935 261,497 102,954 218 69,426 40,979 43,854 80,215 $391,009 11 YTD 354,931 49,526 285,115 120,473 106 93,264 37,640 58,010 84,427 YTD % Diff 1.8% 65.4% 9.0% 17.0% -51.5 34.3% -8.1% 32.3% 5.3% 8.5% 72X* Accommodation & Food Svcs 1,769,600 1,170,989 1,197,009 2.2% 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 120,096 18,186 2,286,977 $ 10 YTD 1 197 11,142 76,636 87,976 $ 10 YTD 117,145 25,666 2,423,312 $136,334 11 YTD -2.5% 41.1% YTD % Diff 0 - 100.0% 5.2% -78.2% 173.9% 208 2,428 209,943 212,579 $124,603 6.0% 11 YTD YTD % Diff 141.6% GRAND TOTALS $14,579,726 $9,049,473 $9,948,057 Grand Total Change from Previous Year Grand Total Change from Previous Year - Without New Construction $898,584 $530,669 /00 Sales lox Rpl 201108.nisx 9.93% 6.23% 2011 2010 cu L. 2009 a) >- 2008 2007 2006 Six Year Comparison 12,350,940 $11,361,835 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 Sales Taxes Collected Year to Date $12,000,000