HomeMy WebLinkAboutFS 2012-12-04 COMPLETE AGENDA PACKET The City of Tukwila strives to accommodate individuals with disabilities.
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City of Tukwila
Finance and Safety
Committee
De’Sean Quinn, Chair
Dennis Robertson
Kate Kruller
Distribution: D. Quinn D. Robertson
K. Kruller V. Seal K. Hougardy
Mayor Haggerton D. Cline
P. McCarthy
C. O’Flaherty S. Kerslake
K. Matej M. Miotke T. Kinlow S. Brown
AGENDA
TUESDAY, DECEMBER 4, 2012 – 5:15 PM
CONFERENCE ROOM #3 (at east entrance of City Hall)
Item Recommended Action Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. Agreement for City-wide telephone services.
Mary Miotke, IT Director
b. Interlocal Agreement with City of SeaTac for probation
services.
Trish Kinlow, Court Administrator
c. Non-represented position review status.
Stephanie Brown, Human Resources Director
d. 2012 3rd Quarter sales tax and miscellaneous revenue
report.
Peggy McCarthy, Finance Director
e. 2012 3rd Quarter cash and investment report.
Peggy McCarthy, Finance Director
f. Council iPad policy.
Kimberly Matej, Government Relations
3. ANNOUNCEMENTS
4. MISCELLANEOUS
a. Forward to 12/10 Special
Mtg. Consent Agenda.
b. Forward to 12/10 Special
Mtg. Consent Agenda.
c. Information only.
d. Information only.
e. Information only.
f. Forward to 12/10 C.O.W.
and 12/10 Special Mtg.
Pg.1
Pg.15
Pg.23
Pg.37
Pg.43
Pg.49
Next Scheduled Meeting: January 2013
City of Tukwila
Jim Haggerton, Mayor
••= INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Mary Miotke, IT Director
DATE: December 4, 2012
SUBJECT: Renewal of Phone Services Agreement with Integra Telecom
ISSUE
In 2010, the Council authorized a 2-year contractual agreement with Integra Telecom to provide
phone service for our VoIP phone system and internet connection, locking in competitive pricing. It is
time to renew the agreement in order to retain the pricing for the services at the same amount as
agreed to in 2010.
BACKGROUND
Over the past several years we have finalized the configuration of our VolP system; we have replaced
lines from other service providers, eliminated unused/underutilized lines, and converted all possible
lines to digital lines instead of analog for cost savings. A few fax lines remain as analog (for now), as
well as all alarm, security and phone system backup lines. We have standardized our phone service
with Integra Telecom, who has provided competitive pricing with excellent, responsive service.
DISCUSSION
We have reached the end of the original Integra Master Service Agreement (MSA) term and our
monthly service invoices are now on a month-to-month basis and subject to price increases. Integra
has provided their latest MSA; our attorneys have added/changed language regarding indemnification
and liability; and an Addendum has been included that guarantees our pricing even if Integra imposes
surcharges.
The estimated cost of services for the next two years is within the amount of$60,000 budgeted per
year for City-Wide communications in the 2013/14 budget. By agreeing to another 2-year term and
upon signature of the MSA and Addendum, the pricing will remain the same as it was in the previous
agreement. All charges since July 2012 (when the original agreement ended), which were billed at
the higher rate, will be credited back to us. Once the agreement is in place, the City will again have a
24-month fixed rate for budgeting purposes. Attached is an overview of service charges for 2012,
with estimates through the end of the year.
RECOMMENDATION
The Council is being asked to authorize the Mayor to sign the updated MSA and the Addendum to the
MSA, plus any change orders the City may request throughout the term of the agreement, in an
amount not to exceed $120,000 for the 24-month term and consider this item under the Consent
Agenda at the Special Council meeting following the December 10,2012 Committee of the Whole.
ATTACHMENTS
Integra Telecom Master Service Agreement, revised 11/20/12
Addendum to the Master Service Agreement
Phone Service Cost Estimate Spreadsheet
1
2
intezra
TELECOM
ADDENDUM to the Master Service Agreement
This Addendum to the Master Service Agreement is executed by and between Integra Telecom Holdings, Inc., an Oregon
company with headquarters at 1201 NE Lloyd Blvd., Ste. 500, Portland, Oregon 97232, by and through one of its wholly-
owned subsidiaries as may be certificated in the applicable state to provide services ("Integra") and City of Tukwila
("Customer").
WHEREAS, the Parties have entered into a Services Agreement for the provision of services as described in the Services
Agreement,and;
WHEREAS,the Master Service Agreement("MSA")sets out the terms and conditions for the delivery of service described
in the Services Agreement and is incorporated therewith(together,"Agreement"),and;
WHEREAS, the Parties seek to amend the terms of the MSA to address the unique needs of Customer and the unique
circumstances of service as more specifically set forth below.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained in the Agreement, and for other
good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Parties hereby mutually
agree as follows:
1. Integra Telecom during the term of this agreement will guarantee to not increase the rates for the services
listed on the contract. During this contract term some Integra imposed surcharges or fees may increase and
if so Integra will adjust our product prices down to compensate for that increase. This pricing guarantee
does not include the rates for any government imposed taxes,fees or surcharges.
2. Except as specifically set forth herein,the terms and conditions of the Master Service Agreement and any
Services Agreement remain unmodified and in full force and effect.
City of Tukwila Integra
By: By:
Printed Name: Printed Name:
Title: Title: _5i%ile r-, fi'T
Date: Date: 1( :
3
INTEGRA TELECOM MASTER SERVICE AGREEMENT
Integra Telecom Holdings, Inc., by and through its subsidiaries (hereinafter"Integra") and customer,
as named on the Service Agreement and the signature page hereto("Customer'), hereby agree to the
following terms and conditions contained in this Master Service Agreement (this "Agreement") for the
provision of Services (as defined below) to Customer by Integra, as of the date of the Service
Agreement(as defined below).
1. EFFECTIVE DATE, SERVICES, AND SERVICES TERM. This Master Service Agreement, along
with the order for service ("Service Agreement(s)"), any attachments, the policies and procedures
found on Integra's website: www.integratelecom.com, and any filed tariffs, price lists or schedules,
comprise the entire agreement between the parties ("Agreement"). Details pertaining to each service
ordered by Customer(the"Service') are set forth in the Service Agreement entered into in connection
with this Agreement. This Agreement supersedes any and all prior discussions, representations,
memoranda, or agreements; oral or written, between the parties related hereto. Integra reserves the
right, in its sole reasonable discretion, to reject any Service Agreement prior to Integra's signature.
Integra agrees to provide to Customer(subject to availability and adequacy of underlying service)and
Customer agrees to procure from Integra, the Services at the locations set forth for the number of
months set forth ("Services Term") as detailed on the Service Agreement(s) incorporated as part of
this Agreement. Installation of Services occurs at the delivery of operating circuits (the"Installation of
Service") to the demarcation terminal at the location where Integra's facilities interconnect with
Customer's or any third party's facilities (the "Demarcation Point"). The Services Term commences
upon the Installation of Service by Integra (the"Installation Date"). Integra will use reasonable efforts
to install Services on the date agreed upon by the parties; however, Integra does not guarantee that
Services will be installed and provisioned on Customer's desired due date. Upon the expiration of the
Services Term, this Agreement and the Services will continue month-to-month until terminated by
either party upon expiration of thirty(30)days'written notice to the other parry.
2. RATES, CHARGES, BILLING AND PAYMENT. Rates and charges, service levels and credits are
described in the Service Agreement. Integra will notify Customer when Customer's circuit has been
delivered and Installation of Service has occurred. Upon or prior to Installation of Service, Customer
agrees to convert its services from its present provider, if any. Customer agrees that billing will
commence with Integra's first regular billing cycle after Installation of Service regardless of Customer's
actual conversion date. Monthly recurring charges ("MRC") will be billed in advance each month.
Non-recurring charges ("NRC") will be billed on the first invoice after the Installation Date, or if the
NRC are incurred after the Installation Date, or are usage based, such charges will be billed on the
next invoice thereafter. Integra may bill Customer for billing corrections or adjustments for Services
rendered within one hundred eighty (180) days from the date of Service unless a different period is
required by applicable law, rule, regulation or order. Customer is responsible for payment of all
charges associating with the Services, including without limitation, charges for originating and
terminating calls to Customer's telephone number(s). Payments are due on the Payment Due By date
set forth on the Integra invoice, provided, however, that no Payment Due By date is less than Net
thirty (30) days. Customer must provide payment in full on Payment Due By date. If Customer
believes it has been billed in error or otherwise disputes a charge, Customer must notify Integra within
90 days of the date of the invoice containing the disputed charge unless a different period is required
by applicable law, rule, regulation or order. Customer's notice must specifically detail the dispute and
provide supporting documentation for the amount in dispute. Integra will investigate all disputes and
notify Customer of the results of its investigation and, if appropriate, credit Customer's account or
notify Customer of denial of the dispute. Acceptance of payments of less than the full amount due,
including an instrument tendered as full satisfaction of a debt, shall not be deemed, in the absence of
a written agreement executed by both parties, an agreement on the part of Integra to accept less than
the full amount due. Any tender of an instrument as full satisfaction of a debt, must be sent to the
Legal Department of Integra. Integra may assess a late fee of 1.5% per month (not to exceed the
maximum rate allowed under state law) on any undisputed balances not paid when due or any
disputed balances later found to be correct. Late fees may be assessed, as of the original Payment
Due By Date, against any disputed amount denied by Integra. Integra has the option to suspend
Services and/or to pursue any and all other legal remedies until payment is made. Termination of
Services may follow. Customer will pay any and all costs incurred in collection of rates and charges
due and payable, including reasonable attorney's fees and all collection agency costs, whether or not
a suit is instituted. All payments hereunder will be in U.S. currency.
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This Agreement is subject to credit approval. Customer hereby authorizes Integra to conduct a credit
search and agrees to provide Integra with information regarding payment history for communications
services, number of years in business, financial statement analysis and commercial credit bureau
rating. Integra may require Customer to tender a deposit up to the maximum permitted by law to
guarantee payment hereunder. Such deposit may have, as an additional component, deposit for any
Integra-provided Customer Premise Equipment. When Customer establishes acceptable credit history
or upon termination of this Agreement, Integra will return the balance of the deposit, if any, to
Customer along with interest as required by law.
Integra shall not be liable for any third party charges arising from or related to the termination of any
previous agreement for services or the failure of Customer to terminate any previous agreement for
services.
If any property owner, under which Customer is a tenant, assesses a fee against Integra in order to, or
as a result of, the provisioning of any Services to Customer, Integra may pass through such charges
to Customer.
3. POLICIES AND PROCEDURES. Integra may change its policies and procedures found at
www.integratelecom.com upon thirty (30) days' notice to Customer. Use of Integra services after the
thirty (30) day notice period shall be deemed consent to the changed policies and procedures. In
addition, Integra may change its rates and other charges for various Services upon thirty (30) days'
notice to Customer. In the event an increase in rates or charges for Services occurs, Customer shall
have thirty (30) days to terminate the affected Services by written notice to Integra, without further
obligation or early termination charges, other than payment for the Services used until the date of
termination. Such termination shall be effective thirty (30) days after Integra's receipt of the
termination notice. Failure to timely give notice of termination shall be deemed consent to the
changed rates and charges.
4. FRAUD, TELEPHONE NUMBERS AND DIRECTORY LISTINGS. Customer is responsible for
payment of any charges incurred due to fraud, abuse, or misuse of the Services, whether known or
unknown, to Customer. It is the Customer's obligation to take all measures to ensure against such
occurrences.
Telephone numbers are assigned to the business entity (Customer) named on the Service Agreement
and not to any individual owner or operator of the business. Customer shall designate those
individuals authorized to make changes to the Customer's account with Integra, including changes to
the Services or to the telephone numbers in conformity with the Rules (as hereinafter defined).
Integra shall be held harmless for any changes authorized by the individuals designated by Customer.
Integra shall take all reasonable measures to provide Customer with continuation of existing telephone
numbers. However, if Customer is changing location at the time of conversion or taking service for the
first time at a location, Integra makes no warranties regarding assignment of particular telephone
numbers to Customer. Integra shall not be liable to Customer for any change in, including loss of,
telephone numbers if Customer is in default under this Agreement or the Service Agreement, or if
such change or loss is due to actions of any vendor or supplier of services to Integra. Customer's
reliance upon and/or use of any Service numbering information prior to installation and acceptance of
Service is at the Customer's sole risk.
Integra shall not be liable for any inaccurate or dropped listings of any publisher/directory database.
Integra shall not be liable for any errors or omissions, whether arising through negligence or
otherwise, in the information furnished to a publisher or to a directory database(s). Additional costs
may be assessed for publisher/directory database listing charges.
5. TAXES, SURCHARGES, FEES AND ASSESSMENTS. Customer is responsible for payment of
any and all federal, state and local taxes, surcharges, or fees, as may be imposed from time to time
(excluding Integra income taxes). Integra will collect all such taxes, surcharges, and fees unless
Customer provides Integra with proof of exemption. Customer will indemnify Integra for any and all
costs, claims, taxes, charges, and surcharges levied against Integra relative to such exempt status.
Surcharges and assessments, which are not required by regulatory agencies, but which Integra is
permitted to charge to recover expenses, may be applied. All such charges will be set forth on a
detailed invoice.
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6. TARIFF APPLICATION. In the event of any conflict between any provision of this Agreement and
any provision of an applicable filed tariff or price list, the provision of such filed tariff or price list will
control.
7. COMPLIANCE WITH LAW. This Agreement is subject to all applicable federal, state, and local
laws, regulations, rulings, orders and other actions of governmental agencies ("Rules"), and the
obtaining and continuance of any required approvals, authorizations, or tariffs or price lists filed with
fhe FCC or any other governmental agency. Integra will use good faith reasonable efforts to obtain,
retain, and maintain such approvals and authorizations. If any such Rule adversely affects the
Services or requires Integra to provide Services other than in accordance with the terms of this
Agreement, either party may, without liability to the other party, terminate the affected Services upon
thirty (30) days prior written notice to the other party. In performing their obligations under this
Agreement, the parties will comply with all applicable Rules, specifically including, but not limited to,
the Rules governing 911/E-911 and any other emergency services.
Subject to Integra's 911/E-911 policy (found at www.integratelecom.com), and unless otherwise
specifically agreed, (a) Integra will provide Customer with the network connection for each circuit,
billing telephone number(BTN) or trunk group that comprise the Services, and (b) Integra will provide
the appropriate Public Safety Answering Point(PSAP) with the automatic location identification (ALI),
including the same emergency response location, for all BTNs of the circuit or trunk group regardless
of the number of lines, trunks, or unique telephone numbers on that circuit or trunk group. Customer
will be responsible for providing all other 911/E-911 services as required by the Rules, including, but
not limited to agreements with, and network or other connection to, the local PSAPs. Customer will
maintain the necessary databases and update and transfer the ALI to the appropriate PSAPs. Integra
is not responsible for and will not make any changes or submit updates to 911/E-911 databases for
any services other than the one emergency response location as set forth above. Customer agrees to
fully indemnify, defend, and hold harmless Integra, its officers, directors, parent, and affiliated
companies, employees, agents and subcontractors from all liabilities, claims, fees, expenses, costs or
damages of any kind arising out of personal injury or death or damage to property related to
Customer's failure to meet any 911/E911 requirements or agreements.
8. SERVICES, MAINTENANCE AND UPGRADE OF FACILITIES. Services will meet industry
standards. Integra will maintain its facilities and equipment used to provide the Services as set forth in
its policies and procedures, at no additional charge to Customer, except where work or service calls
result from failure or malfunction in, or improper operation of, or improper operation of, any third
party's facilities and/or equipment after the Demarcation Point or Customer's facilities and/or
equipment. In such event, Customer will reimburse Integra for the cost of the required maintenance at
Integra's standard time and material rate plus any taxes imposed upon Integra related to such
maintenance, and Customer shall be responsible for the cost of repair or replacement of Integra
equipment that is damaged by Customer's actions or equipment.
Integra reserves the right to suspend Service for scheduled maintenance or planned enhancements or
upgrades upon twenty-four (24) hours' notice to Customer or to suspend Service for emergency
repairs to Integra's network without notice to Customer. Integra equipment will remain the sole and
exclusive property of Integra or Integra's assignee. Customer will not tamper with, remove or conceal
any Integra identifying plates, tags or labels. Customer will indemnify, hold harmless and defend
Integra against any liens placed on Integra equipment due to Customer's action or inaction. Any lien
will be discharged by Customer within ten (10) days of notice of filing. Failure to discharge any such
lien is a material breach of this Agreement, and may result in immediate termination.
Customer will provide equipment compatible with the Services and Integra's network and facilities.
Customer will bear the costs of any additional apparatus reasonably required to be installed because
of the use of Integra's network or facilities.
Upon termination of the Service, Customer shall, upon notice from Integra, return the Integra provided
equipment to Integra, in accordance with the instructions in the notice. Customer's damage to the
equipment or failure to return the equipment, including but not limited to the battery pack, as directed,
shall constitute Customer acceptance of ownership of and responsibility for the equipment and Integra
may invoice Customer for the then fair market value of such equipment.
Integra reserves the right to substitute, change or rearrange any equipment used in delivering
Services that does not affect the quality, cost or type of Services. Integra will manage its network in
Integra's sole discretion. Customer will provide all reasonable information, authorizations, and access
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required by Integra for the purpose of installing Services, performing routine network grooming,
maintenance, upgrades, and addressing emergencies.
9. SERVICE INTERUPTION CREDITS. Credits are subject to the limitation of liability set forth in
Section 10, and shall only be given for disruption of Services (a "Service Outage") and claimed in
accordance with this Section. Upon request; but not later than thirty (30) days after the Service
Outage, and after approval by Integra, Customer shall be entitled to a credit for a Service Outage,
which is defined as any Service disruption that exceeds twenty-four(24) hours and for which Integra is
the sole cause of such disruption and such disruption is not the result of(i) scheduled maintenance
that occurs between the hours of eleven pm and six am; (ii) planned enhancements, (iii) upgrades, (iv)
failure or malfunction in, or improper operation of, any third party's facilities and/or equipment after the
Demarcation Point or Customer's facilities and/or equipment. Such credit shall be based upon the
ratio of the duration of the Service Outage (measured from the time the interruption is reported to or
detected by Company, whichever occurs first) to the total time in a thirty (30) day month. That ratio,
multiplied by the monthly rate for the service affected shall determine the amount of the credit
allowance. No credit shall be owed for any disruption resulting from a Force Majeure event.
EXCEPT AS PROVIDED IN THE LAST PARAGRAPH OF SECTION 15, CUSTOMER'S RIGHT TO
CREDITS AS PROVIDED IN THIS AGREEMENT SHALL BE CUSTOMER'S SOLE REMEDY WITH
REGARD TO SERVICE OUTAGES. If a Customer fails to notify Integra in the manner set forth herein
with respect to the applicable service credits within thirty (30) days of the Service Outage, Customer
will have waived its right to such service credits for that month. Customer's total service credit(s) in
any one month will not exceed one (1) month's MRC for the affected Service for that month, and do
not apply to the MRC's of any other Services. The credits outlined above shall not be compounding,
but shall be distinguished by the degree of impairment based on a degradation or a complete
disruption of Service such that for any particular Service Outage. Customer may be eligible for credits
for a Service Outage under multiple provisions of this Agreement or any Service Order or Addendum;
but Customer shall not be entitled to claim more than one credit for any Service Outage. To be
eligible for service credits, the Customer must be in good standing with Integra and current in all of its
obligations.
10. DISCLAIMER/LIMITED WARRANTY. EXCEPT AS SPECIFICALLY SET FORTH IN THIS
AGREEMENT, INTEGRA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, UNDER THIS
AGREEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. INTEGRA DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITED LIABILITY. EXCEPT AS PROVIDED IN THE LAST PARAGRAPH OF SECTION 15,
CUSTOMER'S RIGHT TO CREDITS AS PROVIDED IN THIS AGREEMENT SHALL BE
CUSTOMER'S SOLE REMEDY WITH REGARD TO SERVICE OUTAGES. INTEGRA'S LIABILITY
AND THE EXCLUSIVE REMEDY OF CUSTOMER FOR DAMAGES ARISING OUT OF OR RELATED
TO THE SERVICES AND/OR THIS AGREEMENT, WILL BE SOLELY LIMITED TO AN AMOUNT NO
GREATER THAN THE AMOUNTS PAID BY CUSTOMER TO INTEGRA DURING THE MONTH OF
THE OCCURANCE OF ANY CLAIM. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE
OTHER PARTY FOR LOSS OF USE, INCOME OR PROFITS, LOSS OF REVENUES, LOSS OF
SAVINGS OR HARM TO BUSINESS OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT,
PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, REGARDLESS OF THE
FORSEEABILITY THEREOF.
12. CUSTOMER WARRANTIES. (a) The Customer represents and warrants that it is an entity, duly
organized, validly existing and in good standing under the laws of its origin,with all requisite power to
enter into and perform its obligations under this Agreement in accordance with its terms; (b)Customer
represents and warrants that neither its equipment nor facilities will pose a hazard to Integra's
equipment or facilities or create a hazard to Integra's personnel or customers or the public in general;
(c) Customer represents and warrants that its use of the Services will comply and conform with all
applicable federal, state and local laws, administrative and regulatory requirements and any other
authorities having jurisdiction over the subject matter of this Agreement and it will be responsible for
applying for, obtaining and maintaining all registrations and certifications which may be required by
such authorities; (d) Customer represents and warrants that it will not resell all or a portion of the
Service(s) provided by Integra under this Agreement. Customer will indemnify and hold Integra
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harmless from any and all loss, liability, claim, demand, and expense(including reasonable attorneys'
fees) related to Customer's violation of this Section.
13. CONFIDENTIAL INFORMATION. Customer Proprietary Network Information ("CPNI") shall only
be disclosed in accordance with the Rules and Integra's policies and procedures.
In addition to the foregoing, the parties may have access to certain information, the ownership and
confidential status of which is highly important to the other party and is treated or designated by one of
the parties as confidential (herein referred to as "Confidential Information"). Except to the extent
required by any applicable law, order, rule or regulation, neither parry will disclose the other party's
Confidential Information, directly or indirectly under any circumstances, to any third person without the
express written consent of the other party, and neither party will copy, transmit, reproduce,
summarize, quote, or make commercial or other use whatsoever of the other party's Confidential
Information. Each party will exercise the highest degree of care in safeguarding the other party's
Confidential Information against loss, theft, or other inadvertent disclosure and take all steps
necessary to maintain such confidentiality. In the event that a party is required by any applicable law,
order, rule or regulation to disclose the other party's confidential information, the party required to
make such disclosure shall use its reasonable best efforts to give prior notice to the other party to the
extent permitted by law.
14. INDEMNIFICATION. Customer will indemnify, hold harmless, and defend Integra, its officers,
directors, parent and/or affiliated companies, employees, agents and subcontractors from liabilities,
claims or damages and expenses whatsoever(including reasonable attorney's fees) arising out of or
in connection with Customer's use of the Services and/or Customer's end-users or third parties use of
the Services, resale, or sharing of the Services. Customer's indemnification obligations do not apply
to claims for damages to real or tangible personal property or for bodily injury or death which is caused
by Integra's negligence.
Integra shall defend, indemnify and hold the Customer, its officers, agents, officials, employees and
volunteers harmless from any and all claims for damages, including attorney fees, arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent negligence of
Integra in connection with the performance of this Agreement, except for injuries and damages caused
by the sole negligence of the City. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily
injury to persons or damages to property caused by or resulting from the concurrent negligence of
Integra and the City, its officers, officials, employees, and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Integra's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Integra's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has
been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
15. DEFAULT/TERMINATION. Customer's use of the Services provided herein and any equipment
associated therewith will not: (a) interfere with or impair service over Integra's network; (b)impair
privacy of any communications over such network; (c)cause damage of any nature to Integra's assets
or customers; (d) be used to frighten, abuse, torment or harass,or create hazards to Integra or its
network; (e) be used for a high volume of short duration calls, regardless of nature(high volume short
duration calls are defined as 10%of total outbound calls that are six seconds or less in duration)or(f)
violate the provisions of any of Integra's policies and procedures, including Integra's 911/E-911 policy.
Integra may immediately suspend or terminate,without liability,the Services for any violation of these
provisions. If Services are suspended pursuant to this Section 15, reconnection charges may apply.
Except as set forth above, if either party violates any provision of this Agreement the non-defaulting
party may send the defaulting party written notice detailing the default. The defaulting party will have:
(a) ten (10) days from the date of the written notice to cure a payment default, or (b) thirty (30) days
from the date of the written notice to cure a non-payment default. If the defaulting party fails to cure,
the non-defaulting party may upon notice or pursue any and all other legal remedies. This Agreement
also may be terminated by either party in accordance with the provisions of the then current tariff or
price list.
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In addition to Integra's termination or suspension rights for Customer's violation of Section 15(e),
Integra may, in its sole discretion, assess a higher rate for a high volume of short duration calls to
reflect Integra's increased costs.
If Customer terminates this Agreement or all or any part of the Services at any time prior to the end of
the Services Term, or if Integra terminates this Agreement as a result of Customer's breach, Integra
may charge Customer an early termination fee equal to and including any or all of the following: 100%
of the total MRC, surcharges and taxes for the Services Term then remaining, plus any unpaid
activation, installation and/or special construction charges, and all other fees or costs, whether
previously waived or not, less amounts already paid. Customer acknowledges that Integra's damages
for early termination would be difficult to determine and the termination charge(s)constitutes liquidated
damages. and is not intended as a penalty, but is intended as a mutually-agreed upon amount
representing, but not limited to, lost revenue, proportionate or actual third party costs and capital
expenditures, and internal costs. All such amounts will become immediately due and payable by
Customer to Integra.
Customer will not be liable for the early termination fees set forth above if Integra breaches the
Agreement or if Customer orders from Integra, at the time of Service termination, services of equal or
greater MRC than the Services terminated and the new services are approved by Integra. Separate
recovery for the same damages is not permitted under this Agreement by either party.
16. FORCE MAJEURE. In the event that either party's performance is delayed, prevented, or
inhibited because of any Act of God, fire, casualty, delay or disruption in transportation, flood, war,
strike, lockout, epidemic, destruction or shut-down of facilities, shortage or curtailment, riot,
insurrection, governmental acts or directives, any full or partial failure of any third party
communications or computer network or any other cause beyond such party's reasonable control
("Force Majeure"), the party's performance will be excused and the time for the performance will be
extended for the period of delay or inability to perform resulting from such occurrence. The occurrence
of such an event will not constitute grounds for a declaration of default by either party hereunder;
however in the event that such Force Majeure event continues for in excess of thirty (30) days, the
party that is not the subject of the Force Majeure event may terminate the Services that are the
subject of the Force Majeure event without liability.
17. INSURANCE. Integra shall procure and maintain for the duration of this Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the Services and its agents, representatives, employees or subintegras.
Integra's maintenance of insurance, its scope of coverage and limits as required herein shall not be
construed to limit the liability of Integra to the coverage provided by such insurance, or otherwise limit
Customer's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Integra shall obtain insurance of the types and with the limits
described below:
1. Commercial General Liability insurance with limits no less than $1,000,000
each occurrence, $2,000,000 general aggregate and $2,000,000 products-
completed operations aggregate limit. Commercial General Liability insurance
shall be written on ISO occurrence form CG 00 01 or an equivalent form and
shall cover liability arising from premises, operations, independent contractors,
products-completed operations, stop gap liability, personal injury and
advertising injury, and liability assumed under an insured contract. The
Commercial General Liability insurance shall be endorsed to provide the
Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an
equivalent endorsement. There shall be no endorsement or modification of
the Commercial General Liability Insurance for liability arising from explosion,
collapse or underground property damage. Customer shall be named as an
insured under the Integra's Commercial General Liability insurance policy with
respect to the Services performed for Customer using ISO Additional Insured
endorsement CG 20 10 10 01 and Additional Insured-Completed Operations
endorsement CG 20 37 10 01 or substitute endorsements providing equivalent
coverage.
Page 6 of 8
v.RMSA3-290611
9
B. Other Insurance Provision. The Integra's Automobile Liability and Commercial
General Liability insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance with respect to Customer. Any insurance, self-insurance,
or insurance pool coverage maintained by Customer shall be excess of the Integra's
insurance and shall not contribute with it.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
D. Verification of Coverage. Integra shall furnish Customer with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Integra
before commencement of the work.
E. Subcontractors. The Integra shall have sole responsibility for determining the
insurance coverage and limits required, if any,to be obtained by subcontractors,which
determination shall be made in accordance with reasonable and prudent business
practices.
F. Notice of Cancellation. The Integra shall provide Customer and all Additional Insureds
for this work with written notice of any policy cancellation, within ten (10) business
days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Integra to maintain the
insurance as required shall constitute a material breach of contract, upon which
Customer may, after giving ten business days' notice to the Integra to correct the
breach, immediately terminate the contract or, at its discretion, procure or renew such
insurance and pay any and all premiums in connection therewith, with any sums so
expended to be repaid to Customer on demand, or at the sole discretion of Customer,
offset against funds due the Integra from Customer.
1. GENERAL. Except as otherwise permitted herein, any amendment must be in writing and signed
by the parties hereto. Electronic or Facsimile copies of this Agreement and any amendments or
modification hereto, including electronic or facsimile signatures, will. be accepted by the parties as
originals. The failure of either party to insist upon the performance of any provision or to exercise any
right granted hereunder, will not be construed as a waiver of such provision(s), and the same will
continue in full force. If any provision hereof is held to be invalid, void, or unenforceable or limited in its
application or effect, such event shall not affect any other provisions hereof, and the remainder of the
provisions will nevertheless remain unimpaired and in effect and remain fully enforceable. All notices
to Customer under this Agreement will be in writing and will be made by one or more of the following
methods: regular mail, overnight delivery, certified mail, electronic mail, on Customer's invoice, or by
facsimile transmission with receipt verification. Notices will be sent to the address of record, and in
the event of multiple addresses, to the address of the parent account. In the-case of a notice to
Integra, all notices under this Agreement will be in writing and will be made by personal delivery,
overnight delivery, or certified mail with a copy to the Legal Department,1201 NE Lloyd Blvd., Suite
500, Portland, OR 97232 FAX NO. 503-453-8223. Delivery will be deemed to occur upon receipt. The
various rights and remedies given to or reserved by either party herein or allowed by law, are
cumulative, and no delay or omission to exercise any of its rights will be construed as a waiver of any
default or acquiescence, nor will any waiver of any breach or any provision be considered to condone
any continuing or subsequent breach of the same provision. Customer may not assign its obligations
hereunder without the prior written consent of Integra, which will not be unreasonably withheld. This
Agreement will be governed by and interpreted in accordance with the laws for the State of
Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of
this Agreement, the parties specifically understand and agree that venue shall be properly laid in King
County,Washington. The prevailing party in any such action shall be entitled to its attorney's fees and
costs of suit.Nothing in this Agreement is intended to, or shall be construed, as creating a partnership
or any third-parry beneficiaries. The provisions of Sections 2, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16
and this Section 18 shall survive termination.
Accepted and Agreed as of the_day of 201_.
Page 7 of 8
v.RMSA3-290611
10
CUSTOMER:
By: fang' c
Name'.
Title: ( pv
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Page 8 of 8
v.RMSA3-290611
11
12
integra monthly charges
14
City of Tukwila
Jim Haggerton, Mayor
•• INFORMATIONAL MEMORANDUM
TO: MAYOR HAGGERTON
FINANCE & SAFETY COMMITTEE
FROM: KIMBERLY A. WALDEN, PRESIDING JUDGE
BY: LATRICIA KINLOW, COURT ADMINISTRATOR
DATE: NOVEMBER 28, 2012
SUBJECT: INTERLOCAL AGREEMENT— City of Tukwila and City of SeaTac for
Probation Services
ISSUE
SeaTac Municipal Court is requesting to enter into a two year Interlocal Agreement with the City
of Tukwila for probation services. The current ILA went into effect in April 2012 and ends
December 31, 2012. A two year agreement is in line with Tukwila's biennial budget for 2013-
2014.
BACKGROUND
Tukwila Municipal Court's Misdemeanant Probation Division is highly respected throughout the
Washington State judiciary. This team, consisting of Mindy Breiner (Probation Officer) and
Kerry Carlson (Jail Alternative Specialist), is known for their innovative ways of providing
probation services. They are often sought-out by other municipal courts as a resource for
dealing with probation related issues. SeaTac desires to avail itself of their services.
SeaTac Municipal Court approached Tukwila Municipal Court to discuss the possibility of having
probation services provided by Tukwila. We discussed the scope of services, the caseload
impact on the Tukwila probation staff, as well as the benefits this service provides for both
municipal courts. Tukwila's City Attorney drafted the attached interlocal agreement and
SeaTac's City Council approved the signing of the agreement.
The scope of service and details of the compensation for probation services are provided in
Exhibits A and B of the interlocal agreement. The interlocal also specifies the indemnification
for both the City of Tukwila and the City of SeaTac.
FINANCIAL IMPACT
To support this ILA, Tukwila Municipal Court increased the Jail Alternative position from a .50
FTE position to a .75 FTE. The expense for the increase in this position is covered from the
revenue received from SeaTac for probation services. Since entering into this agreement in
April of 2012 SeaTac has remunerated over$55,000 to the City of Tukwila.
Exhibit B of the agreement details the costs and fees SeaTac will remit to Tukwila for probation
services. We estimate revenue at $70,000 per year for the 2013-2014 budget cycle.
RECOMMENDATION
The Council is being asked to authorize the Mayor to sign the ILA and to forward the agreement
to the Consent Agenda of the December 10, 2012 Special Meeting for approval.
ATTACHMENTS
Interlocal Agreement between the City of Tukwila and the City of SeaTac for Probation
Services. 15
16
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF TUKWILA AND THE CITY OF SEATAC FOR
PROBATION SERVICES
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into pursuant
to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, by
and between the City of Tukwila ("Tukwila") and the City of SeaTac ("SeaTac"), for
SeaTac's utilization of Tukwila's Probation Services ("Service").
WHEREAS, Tukwila currently provides Probation Services (the "Service") for its
Municipal Court;
WHEREAS, SeaTac desires to avail itself of the Service;
NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by
and between Tukwila and SeaTac as follows:
1. Statement of Purpose. The purpose of this agreement is to define the
parameters of SeaTac's utilization of Tukwila's Probation Services, which is
administered by Tukwila Municipal Court.
2. Scope of Services. SeaTac hereby engages Tukwila to perform the services
described in Exhibit A, Scope of Services, attached hereto and incorporated
herein. During the term of this Agreement SeaTac or Tukwila may request
changes in the Scope of Services. Any such change requires the mutual
agreement of the parties and shall be effective upon execution of a written
amendment.
3. Compensation. SeaTac agrees to pay the costs and fees set forth in Exhibit B,
Cost and Fee Schedule, attached hereto and incorporated herein. Tukwila shall
submit a monthly invoice to SeaTac Municipal Court for all probation
services and administrative costs due. Payment shall be due within 30 days of
the date of the invoice.
4. Duration. This Agreement shall take effect on January 1, 2013 and shall
remain in effect through December 31, 2014.
5. Termination. Either party may terminate this Agreement by giving thirty (30)
days written notice of termination to the other party. In the event that this
Agreement terminates prior to December 31, 2014, SeaTac Municipal Court
will invoice Tukwila Municipal Court within 30 days of termination of the
Agreement for reimbursement for services paid by SeaTac Municipal Court
but not yet rendered by Tukwila Municipal Court. Such invoice should
include a detailed list of case numbers and defendants names.
Interlocal Agreement - 1
17
6. Amendments. This agreement may be changed only by written amendment
between SeaTac and Tukwila. Both parties will cooperate in preparing any
documentation necessary to seek approval or to amend this agreement.
7. Independent Contractors. This Agreement shall not constitute, create, or
otherwise imply an employment,joint venture, partnership, agency or similar
arrangement. Each party to this Agreement shall act as an independent
contractor, and neither party shall have the power to act for or bind the other
party except as expressly provided for herein.
No income, social security, state disability or other federal or state payroll tax
shall be deducted from payments made to Tukwila under this Agreement.
Tukwila's services shall be exempt from State sales, use or similar taxes.
Tukwila may provide services to others during the same period Tukwila
provides service to SeaTac under this Agreement.
8. Indemnification.
A. SeaTac shall indemnify and hold harmless Tukwila and its officers, agents
and employees or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, by any
reason of or arising out of any negligent act or omission of SeaTac, its
officers, agents and employees, or any of them relating to or arising out of the
performance of this Agreement; and if final judgment be rendered against
Tukwila and its officers, agents and employees or any of them, or jointly
against the Tukwila and SeaTac and their representative officers, agents and
employees, or any of them, SeaTac shall satisfy the same to the extent that
such judgment was due to SeaTac's negligent act or omissions.
B. Tukwila shall indemnify and hold harmless SeaTac and its officers, agents
and employees, or any of them from any and all claims, actions, suits,
liability, loss, costs, expenses and damages of any nature whatsoever, by any
reason of or arising out of any negligent act or omission of Tukwila, its
officers, agents and employees, or any of them relating to or arising out of the
performance of this Agreement; and if final judgment be rendered against
SeaTac and its officers, agents and employees or any of them, or jointly
against SeaTac and Tukwila and their representative officers, agents and
employees, or any of them, Tukwila shall satisfy the same to the extent that
such judgment was due to the Tukwila's negligent act or omissions.
9. Governing Law and Venue. This Contract shall be governed by the laws of
the State of Washington both as to interpretation and performance. Venue
shall be in Superior Court in the State of Washington for King County.
Interlocal Agreement- 2
18
10. Severability. If any provision of the Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions shall nevertheless continue in full force without being impaired or
invalidated in any manner.
11. Correspondence and Notices. All correspondence and notices related to this
agreement shall be delivered or mailed to the following addresses:
Tukwila: Tukwila Municipal Court
6200 Southcenter Blvd.
Tukwila, WA 98188
SeaTac: SeaTac Municipal Court
4800 South 188`" Street
SeaTac, WA 98188
IN WITNESS WHEREOF SeaTac and Tukwila have executed this Agreement:
Tukwila Municipal Court SeaTac Municipal Court
Kimberly Walden, Presiding Judge Elizabeth Bejarano, Presiding Judge
Date: Date:
City of Tukwila City of SeaTac
Jim Haggerton, Mayor Todd Cutts, City Manager
Date: Date:
Approved as to Form: Approved as to Form:
City Attorney City Attorney
Interlocal Agreement - 3
19
EXHIBIT A
SCOPE OF SERVICES
Tukwila Probation Services
Tukwila agrees to provide the following services:
To the degree permitted by law and ordered by SeaTac Municipal Court:
1. Provide supervised probation, monitored probation, deferred prosecution
monitoring, and Pre-Sentence Investigations as ordered by the SeaTac
Municipal Court ("Court").
2. Provide Jail Alternative services as ordered by the Court, including day
reporting, community work, and electronic home detention.
3. Attend review calendars at the Court on the first(1St) Thursday of each month.
4. Assist the Court Administrator in developing a policy and procedure manual
for SeaTac Probation.
SeaTac agrees to provide the following services under this Agreement:
1. Provide Tukwila access to CaseloadPro case management system for two
users.
2. Provide Tukwila with two key cards for access to Court offices.
3. Provide an appropriate meeting space in SeaTac City Hall for Tukwila
Probation Services to use as an alternate location.
4. Provide Tukwila with JIS user names and passwords for all Tukwila Probation
Services staff.
5. Refer all appropriate cases to Tukwila for the provision of those services
indicated by this Agreement.
6. Provide payment to Tukwila for services rendered pursuant to Exhibit B,
Costs.
Interlocal Agreement - 4
20
EXHIBIT B
COST AND FEE SCHEDULE
PAYMENTS TO TUKWILA
SeaTac shall be charged the following amounts for Tukwila Probation Services:
Probation Services:
Supervised Probation $300.00 per case, per year
Monitored Probation $200.00 per case, per year
Deferred Prosecution $1200.00 per case
Pre-Sentence Investigation $150.00 per case
Jail Alternative Fees:
Referral Fee $25.00 per case
Day Reporting $10.00 per case, per day
Community Work $10.00 per case, per day
Electronic Home Detention (non-alcohol related) $10.00 per case, per day plus
$10.00 one-time processing
Electronic Home Detention(alcohol related) $14.00 per case, per day plus
$10.00 one-time processing
fee
Administrative Costs
Monthly Probation Administrative Fee $200.00 per month
Interlocal Agreement - 5
21
22
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Stephanie Brown,Human Resources Director
DATE: November 28, 2012
SUBJECT: Non-Represented Position Review-Resolution No. 1769
ISSUE
Resolution No. 1769 adopting the 2012 non-represented salary and benefits schedule requested a review
and analysis be conducted by the end of 2012 of the non-represented positions identified in the 2012
market study that fell+/- 5% outside of the band of compensation be evaluated for reclassification. At the
Finance and Safety Committee meeting held on August 21,the positions were identified and the
information being presented in this memorandum is the outcome of the review.
BACKGROUND
The Human Resources staff identified six positions that fell+/- 5% outside of the band of compensation
as a result of the 2012 Market Study. Given the recent adjustment to the non-represented wage schedule
for 2012,these positions remain above or below the market from 16% above to-7%. (Attachment A)
Those positions are: Administrative Secretary 1; Building Official; City Administrator; Court
Administrator; Deputy City Clerk and Senior Engineer. There are two incumbents in the Administrative
Secretary 1 classification, and four(4) in the Senior Engineer classification.
As you know, the classification system is the Decision Band Method(DBM), and will be referred to
hereinafter as DBM. The process involves each incumbent in the position complete a Position
Description Questionnaire(PDQ). Then a desk audit is conducted,which provides an opportunity to
verify the information submitted in the PDQ as this is an essential step to determine if the position duties
have changed significantly to warrant a reclassification. Other considerations included in this review are
education, experience, and knowledge, skills, and abilities.
The third step of the process is to conduct an external review of similar positions with our comparison
cities. The cities chosen for this review were used in the 2012 Market Study conducted internally and by
an outside consultant they are: Auburn,Federal Way,Kent,Kirkland,Mountlake Terrace,Redmond,
Renton, Bothell Issaquah,Lynnwood, Puyallup, and Sea-Tac. To ensure that there is a good match for
comparison, at least 70% of the duties should match with the comparator position.
During our analysis we discovered there were two or three cities that were not good matches for the
positions being reviewed. This is due to varying factors ranging from greater responsibility, specialized
knowledge, skills, licenses, supervision of staff and department size.Upon completion of the external
review, an internal review is done to see where our internal positions align.
The internal review process looks at positions that are banded together which also includes positions that
are represented. The DBM system methodology recognizes six levels of decision making within an
organization. The levels are from A-F. Positions at A band make decisions that affect the manner and
speed in which an individual task is completed. These are typically entry level administrative/clerical
positions. Positions at F band make decisions that affect the overall goals and direction of the
organization,these positions are typically the CEO of the organization. Additional steps factored into the
analysis are grading and sub grading used to determine the compensation range for the position. 23
INFORMATIONAL MEMO
Page 2
According to compensation consultant, Bruce Lawson of Fox Lawson&Associates who recently
conducted a workshop on job evaluation methods for the City Council, clarifies that industry standard is
anything that is+/- 5% is considered to be at market; +/-10% is considered near market and+/- 15% is
considered misaligned with market. Anything less than 10% is normally not considered to be out of
alignment but above 10%would warrant examination. Other areas to look at when considering the
competitive nature of current compensation are performance,turnover, and longevity. An example of
this would be in the in the field of Engineering. At most cities surveyed including Tukwila,this is a
challenging position to recruit for due to supply and demand. Keeping compensation competitive is why
we are seeing these positions being at, or slightly above the market with our external comparators. Being
competitive in salary helps to recruit and retain staff that have very specialized knowledge, skills and
abilities.
Our analysis and the evaluation that it was based on involved looking at each position individually,
comparing it both externally with those comparable cities that match 70% of the duties, and internally
with positions banded the same. Through this process,we have identified that two of the six positions
should be reclassified. They are the Court Administrator, and the Administrative Secretary 1 position in
the Parks &Recreation Department. The Court Administrator position has changed pursuant to the
promulgation by the State of Washington of General Rule(GR)29. This has changed the reporting
structure to provide accountability to the Presiding Judge, and provides direct oversight of the day to day
operations to the Court Administrator.
The Parks and Recreation Deputy Director position was eliminated from the Parks and Recreation
department budget in 2010. The department has benefitted from the expertise of the current incumbent
who has previous experience performing work at a higher level in the field, prior to becoming employed
by Tukwila. Although the incumbent does not perform all of the duties of the Deputy Director, she is
performing higher level duties that are beyond the current classification. There are no plans to fill this
position in the near future.
The other positions we reviewed are banded appropriately based upon our analysis. They are considered
to be at market or near market based upon external comparators. The Human Resources staff will
continue to ensure that our positions are appropriately benchmarked for future market studies and will re-
evaluate those positions exceeding 10% above the market for appropriate placement into our
compensation system.
RECOMMENDATION
This is being presented as information only and does not require further Council action.
ATTACHMENT
Attachment A
Resolution No. 1769
E:IInfoMemoF&S 11-28-12.doc
24
Attachment A
2011 2012
2011 Top Market 2012 Top Market
Position Title Step Average* Variance Step Average Variance
Administrative Secretary 1 32.16 28.67 11% 34.22 28.90 16%
Building Official 50.58 49.40 2% 52.26 49.78 5%
City Administrator 71.13 75.45 -6% 73.48 78.42 -7%
Court Administrator 41.37 46.31 -12% 44.02 46.87 -6%
Deputy City Clerk 32.16 30.43 5% 34.221 29.99 12%
Senior Engineer 1 50.581 47.32 6% 52.261 47.98 8%
* 2011 Market Average data and variance taken from page#16 of the Ross report
Prepared by HR Staff 7/30/12 25
26
•
•
City of u la
Washington
Resolution No. 1 J� 6.L7
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; and
WHEREAS, recent economic conditions have caused the City to make budget cuts
and, in recognition of requested and received concessions in the preceding budget to
the City's normal non-represented salary plan process, the City Council has determined
to implement a one-time process for 2012 that includes a 3.33% COLA for all non-
represented employee ranges A11-F102, and a one-time adjustment to equalize ranges
with the average wage of comparable jurisdictions' positions for bands A11—C42 and
D62—E91. This one-time adjustment to achieve equalization shall not exceed 3% per
band, irrespective of the comparable average; and
W:\Word Processing\ResolutionsWon-Represented Employees Compensation-2012-rvsd 5-16-12 final
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27
WHEREAS, these increases have been made based on the understanding that, by
the end of 2012, City Administration will evaluate reclassification of the positions for
which the market study demonstrated they fell +/- 5% . outside of the band
compensation; and
WHEREAS, the City Council requests that City Administration conduct a thorough
review of employee compensation and benefit methods used by other employers and
present a recommendation to the Council regarding whether the current compensation
methodology should be changed and the reasons for the recommendation by the end of
2012;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Non-Represented Employees Wage Plan. The following statements
have been used for the purpose of adopting the non-represented employees' wages for
2012.
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.
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 City Council's recommendation for creating the 2012
wage schedule.
7. Positions within Decision Bands A11-C42 and D62-E91 will receive a 3%
wage adjustment effective January 1, 2012. Positions within Decision Band C41 will
receive a 2% wage adjustment effective January 1, 2012.
8. A COLA increase will be given to positions within Decision Bands A11—
F102. The COLA increase shall be based on 90% of the Seattle-Tacoma-Bremerton
Consumer Price Index (CPI-W) Average (June 2010 to June 2011).
B. The Decision Band method of job evaluation will be used to establish
classifications and the relative internal value and relationship of non-represented
positions within the City of Tukwila for 2012. The City Council will evaluate City
WAWord Processing\Resolutions\Non-Represented Employees Compensation-2012-rvsd 5-16-12 final
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28
Administration's recommendations regarding continued use of the Decision Band
Method in 2013.
C. Merit will continue to be eliminated from the plan at this time and may be
reconsidered as a plan,element in subsequent years.
D. 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 —2012,"Attachment A hereto, shall be
approved, effective January 1, 2012.
B. The "Non-Represented Employee Benefits Summary — 2012," Attachment B
hereto, shall be approved, effective January 1, 2012.
C. The "Longevity Pay Plan for Non-Represented Employees — 2012," 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 j'Y1 12012.
ATTEST/AUTH E NT I CATE D:
v �
Christy O'Flah rty, MMC, City C14A Verna Seal, Council President
APPROVED AS TO FORM BY:
Filed with the City Clerk: S4 -/J-
Passed by the City Council: -
Resolution Number: q
Shell ers , City Attorney
Attachments:
-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\ResolutionsWon-Represented Employees Compensation-2012-rvsd 5-16-12 final
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29
30
Attachment A,Page 1
City of Tukwila
Non-Represented Salary Schedule-2012
Classification Title Job Title Range
Administrative Support Technician Administrative Support Technician Al2
Office Technician Human Resources Technician . B21
Office Specialist Administrative Secretary B22
Civil Service Secretary/Examiner
Administrative Assistant Deputy City Clerk B2
Executive Secretary
Administrative Secretary I
Council Administrative Assistant
Program Coordinator Systems Administrator C41
Human Resources Assistant
Management Coordinator City Clerk C42
Court Administrator
Police Records Manager
Management Analyst Legislative Analyst
Human Resources Analyst
Public Works Analyst
Program Administrator Internal Operations Manager C43
Public Works Coordinator
Emergency Manager
Program Manager Assistant City Administrator D61
Senior Engineer
Building Official
IT Manager
Administrative Manager Maintenance Operations Manager D62
Assistant Director Deputy Community Development Director D63
Deputy Finance Director
Deputy Public Works Director
Deputy Parks&Recreation Director
Department Manager Assistant Fire Chief D72
Assistant Police Chief
City Engineer
Department Administrator Economic Development Administrator E81
KG:ksn 5/9/2012 Page 1 of 6
31
Department Head Human Resources Director E83
DCD Director
Finance Director
IT Director
Parks &Recreation Director
Department Director Fire Chief E91
Police Chief
Public Works Director
City Administrator City Administrator F102
KG:ksn 5/9/2012 Page 2 of 6
32
Attachment A,Page3
2012-Non-RepresentedSalaryStructure
2012
Non-RepresentedSalaryStructure(Monthly)
08M (Minimum)
Ratin~Step1 Step2 Step3 Step4 Step5 Step6 Step7
A11 3,762 3,880 3,999 4,116 4,233
A12 4,060 4,190 4,319 4,446 4,572
A13 4,369 4,503 4,640 4,777 4,912
821 4,563 4,734 4,907 5,077 5,252
822 4,860 5,042 5,225 5,408 5,592
823 5,153 5,347 5,541 5,734 5,931
831 5,409 5,646 5,882 6,119 6,356
832 5,840 6,096 6,353 6,609 6,866
~~,'~~,.!~~17~r~l9C41'"~.;,':~'....
C42 6,354 6,610 6,864 7,118 7,373 7,630
C43 6,637 6,903 7,170 7,435 7,700 7,969
C51 6,853 7,160 7,468 7,777 8,083 8,395
C52 7,325 7,654 7,984 8,314 8,645 8,905
D61 ,.:.•••,Z.;:~:41/"760~l ;~~~tt,91gy~;~;.:~;'?~~.';~~"f:-lf69'8"..9'05lf.,,'..,....,"'!:~~st-.'j',...~~..:...,...........
062 7,377 7,744 8,113 8,481 8,851 9,218
D63 7,635 8,017 8,399 8,782 9,164 9,544
071 7,811 8,238 8,667 9,095 9,5229,952
072 8,197 8,644 9,093 9,540 9,990 10,438
E81 8,283 8,697 9,113 9,524 9,969 10,416 10,843
E82 8,588 9,019 9,449 9,879 10,311 10,74211,171
E83 8,840 9,284 9,72410,168 10,60911,052 11,495
E91 9,148 9,606 10,064 10,52310,980 11,439 11,897
E92 9,525 10,00410,482 10,958 11,436 11,91412,391
F101 9,909 10,404 10,89911,397 11,894 12,38712,884
F102 •.:~.;~~7~~:;;i';l:;~1Qi2~4~:i;,~;1.0i1tfF/~J:1j;~'e7~';.{~f1;7~7.:;,:H,f~f~'4.1:1~@f,f2i'7~~i;
2012RatesincludeaCOLAincreaseof3.33%andmarketrateadjustmentsas
follows:
3%marketadjustmentforallbandsexcept061andF102
2%marketadjustmentforC41
KG:ksn5/9/2012 Page3of6
33
Attachment B
Non-Represented Employee Benefits-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 Employee Retirement System (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 the 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.
Disability 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 Arrangement/Voluntary Employee Benefit Association
(HRA/VEBA): VEBA benefits shall be provided as contained in Resolution No. 1445 and as
amended.
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.
KG:ksn 5/9/2012 Page 4 of 6
34
35
Years of Service Vacation Accrual Years of Service Vacation Accrual
0-1 years 12 days* 10 years 19 days
1-2 years 12 days 11 years 20 days
3-6 years 15 days 12 ears 21 days
7 years 16 days 13 years 22 days
8 years 17 days 14 years 23 days
9 years 18 da s 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.
KG:ksn 5/9/2012 Page 5 of 6
35
City of Tukwila
Jim Haggerton, Mayor
., INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Peggy McCarthy, Finance Director
BY: Jennifer Ferrer-Santa Ines, Senior Fiscal Coordinator
DATE: November 27, 2012
SUBJECT: Sales Tax and Miscellaneous Revenue Report-3rd Quarter 2012
Schedule I-Sales Tax in 1,000's
2011 2012 Variance
--Month-- New j Other j Total New j Other j Total New Construction j Other Industries j Total
Construction I Industries I Construction Industries I Amount % I Amount % 1 Amount %
Collected Rec'd
Jan Mar $ 54 j $ 985 j $ 1,039 $ 85 1 $ 944 $ 1,029 $ 31 57%j $ (41) -4%j$ (10) -1%
Feb Apr 76 967 1,043 63 1,036 1,099 (13) -17%j 69 7%1 (2,142) 5%
Mar May 118 1,334 1,452 48 1,174 1,222 70 -59% 160 -12°%1 2,674 -16%
Q-1 Totals $ 248 ; 3,286 ; $ 3,534 $ 196; 3,154 ; $ 3,350 $ 52 -21°%; 132 -4%; 184 -5%
Apr Jun 134 1,118 1,252 58 1,070 1,128 (76) -57%! (48) -4%! (2,380) -10%
May Jul 148 1,059 1,207 58 1,128 1,186 (90) -61%! 69 7%! (2,393) -2%
Jun Aug 1251 1,2621 1,387 731 1,2041 1,277 52 -42%I 58 -5%1 2,664 -8%
Q-2 Totals $ 407 j 3,439 1 $ 3,846 $ 189 1 3,402 1 $ 3,591 $ 218 -54%1 37 -1%I 255 -7%
Jul Sep 135 j 1,146 j 1,281 73 j 1,164 j 1,237 (62) -46%j 18 2%j (2,518) -3%
Aug Oct 108 1,108 1,216 71 1,215 1,286 (37) -34%i 107 10%j (2,502) 6%
Sep Nov 1251 1,2021 1,327 113 1,181 1,294 12 -10% 21 -2%1 2,621 -2%
Q-3 Totals $ 368 ; 3,456 ; $ 3,824 $ 257 ; 3,560 ; $ 3,817 $ 111 -30%; 104 3%; 7 0%
Subtotal Jan-Sep $ 1,023 10,181 $11,204 $ 642 10,116 $10,758 381 -37% 65 ' 1% 446 -4%
Oct Dec 145 j 1,076 j 1,221 60 j 1,040 j 1,100 (85) -59%! (36) -3%! (2,321) .10°%
Nov Jan 1081 1,093 1,201 601 1.1401 1,200 (48) -44%i 47 4%i (2,401) 0%
Dec Feb 1141 1,6041 1,718 601 1.5401 1,600 54 -4'7%1 (64) �4°%I 3,318) -7%
Q-4 Totals $ 367 ' 3,773 ' $ 4,140 $ 180 ' 3,720 ' $ 3,900 $ 187 -51%' 53 -1 0 ' 240 6°/a
Totals $ 1,390 ' 13,954 ' $15,344 $ 822 ' 13,836 ' $14,658 568 -41%' 118 -1%' 686 -4%
PROJECTED 2012 SALES TAX REVENUE 14,658
ANNUAL SALES TAX REVENUE 14,413
PROJECTED SURPLUS IN SALES TAX REVENUE $ 245
Total sales tax collections for the third quarter were $7K below the same quarter in the previous
year. Annual sales tax is projected to exceed budget by $245K or 2.2%.
As of September 30th, the City has collected $853,072 in sales tax mitigation which is 71% of
the annual mitigation budget, representing a 4% unfavorable variance.
37
INFORMATIONAL MEMO
Page 2
B8|Ovv is a graph of businesses by type Of industry showing overall Change from previous year
revenue receipts collected todate.
%Change YTD by Category
Manufacturing
$6,337 Services
Automotive
WhIsl Trade Retail Trade
Construction
Misc
New construction sales tax collections for third quarter were $111K or 3096 b8|OVv the SaOOg
quarter in the previous year. Year to date through the third quarter, collections from new
construction sales tax were $381KOr37% below the prior year.
Sales tax collected through the amnesty program in effect in 2011 was recorded in the
Miscellaneous category. The p[OgrGrn was only in effect during 2011 which accounts for the
decline in this category in2D12 compared to last year.
cADvcuments and oomnSo\P*ogy-Mumm|8oUin8s\Tomvomry Internet roes\Cunmnt.o"uovmaxvxCmnVnfo Memo Sales Tax-Qo-11Soz01ua.uvcx
INFORMATIONAL MEMO
Page 3
Schedule II shows the year-to-date sales tax from the top ten industry classifications. Food
Services had the highest year over year increase at $110,470 or 11.19%, and Miscellaneous
Store Retailers had an increase of$72,571 or 21.07%.
Schedule II
YTD YTD Dollar %
Group Name Prior Current Diff. Diff.
* 44s Clothing and Accessories $ 1,434,819 $ 1,472,702 $ 37,882 -0.15%
* 452 General Merchandise Stores $ 1,396,684 $ 1,394,546 $ (2,138) -0.15%
* 722 Food Services, Drinking Places $ 987,220 $ 1,097,690 $ 110,470 11.19%
* 443 Electronics and Appliances $ 1,020,312 $ 813,842 $ (206,470) -20.24%
* 423 Wholesale Trade, Durable Goods $ 786,636 $ 723,272 $ (63,364) -8.06%
* 441 Motor Vehicle and Parts Dealer $ 449,093 $ 457,607 $ 8,513 1.90%
* 453 Miscellaneous Store Retailers $ 344,452 $ 417,022 $ 72,571 21.07%
* 451 Sporting Goods, Hobby, Books $ 448,758 $ 412,750 $ (36,009) -8.02%
* 444 Building Material and Garden $ 377,628 $ 392,498 $ 14,870 3.94%
721 Accommodation $ 358,413 $ 378,707 $ 20,293 5.66%
* Mitigated NAICS Code
Schedule III shows the ten largest declines in sales tax revenue for industries with over $10,000
collected year-to-date. There is less activity related to construction this year, which explains this
category experiencing the greatest decline over other industries. The closing of businesses,
particularly under Electronics and Appliances have also contributed to lower revenues from
sales tax this year.
Schedule III
YTD YTD Dollar %
Group Name Prior Current Diff. Diff.
236 Construction of Buildings $ 653,446 $ 333,941 $ (319,505) -48.90%
* 443 Electronics and Appliances $ 1,020,312 $ 813,842 $ (206,470) -20.24%
999 Nonclassifiable Establishments $ 210,797 $ 27,701 $ (183,096) -86.86%
* 423 Wholesale Trade, Durable Goods $ 786,636 $ 723,272 $ (63,364) -8.06%
238 Specialty Trade Contractors $ 319,647 $ 265,919 $ (53,728) -16.81%
518 Internet Service Providers $ 75,232 $ 31,062 $ (44,171) -58.71%
* 451 Sporting Goods, Hobby, Books $ 448,758 $ 412,750 $ (36,009) -8.02%
621 Ambulatory Health Care Service $ 54,124 $ 35,868 $ (18,256) -33.73%
* 446 Health and Personal Care Store $ 152,576 $ 135,925 $ (16,651) -10.91%
237 Heavy and Civil Construction $ 51,157 $ 40,880 $ (10,277) -20.09%
* Mitigated NAICS Code
CADocuments and SettingsTeggy-KI-ocal SettingslTemporary Internet Files lContent.OutlooklGXVXCL4011nfo Memo Sales Tax-Q3-11302012 a.docx
39
INFORMATIONAL MEMO
Page 4
Below is Schedule IV which shows quarterly gambling tax receipts for last year, and the current
year to date.
Schedule IV -Gambling Tax **
2012 INCREASE (DECREASE)
Sales 2011 2012 Prorated 2012 to 2011 Actuals 2012 to 2012 Budget
Quarter Actual Actual Budget Amount % Amount %
Q1 $ 475,118 $ 465,494 $ 625,536 $ (9,624) -2.03% $ (160,042) -25.58%
Q2 $ 382,817 $ 495,196 $ 625,536 $ 112,379 29.36% $ (130,340) -20.84%
Q3 $ 387,236 $ 454,973 $ 625,536 $ 67,738 17.49% $ 170,563 -27.27%
Totals $ 1,245 171 $ 1,415 663 $ 1,876,608 $ 170,492 13.69% $ 460,945 -24.56%
**gambling tax currently includes card games, punch boards, pull tabs, and amusement games
Gambling receipts for the 3rd quarter are 17% higher compared to gambling revenue for the
same quarter in the previous year and 27% below budget. One casino is paying back taxes
through a payment plan. Through November 15th, we have received $220,579 in back taxes
from this casino in addition to the taxes reported in the schedule.
Schedule V shows monthly admission tax receipts for the prior year and current year to date.
Schedule V -Admissions Tax ***
2012 INCREASE (DECREASE)
Sales 2011 2012 Prorated 2012 to 2011 Actuals 2012 to 2012 Budget
Quarter Actual Actual Budget Amount % Amount %
Q1 $ 101,316 $ 122,478 $ 146,751 $ 21,162 20.89% $ (24,273) -16.54%
Q2 124,974 135,241 146,750 10,267 8.22% (11,509) -7.84%
Q3 121,907 127,694 146,750 5,787 4.75% 19,056 -12.99%
Totals $ 348,197 $ 385,413 $ 440,251 $ 37,216 10.69% $ (54,838) -12.46%
*** excludes golf course admissions tax
Admission tax receipts are currently 12% below budget for the year, and about 11% above prior
year actual receipts.
Attachments
• Sales Tax Summary
C:1Documents and SettingsTeggy-KI-ocal Settngs\Temporary Internet Files lContent.OudookIGXVXCL4011nfo Memo Sales Tax-Q3-11302012 a.docx
40
sales tax summary third quarter 2012
42
City of Tukwila
Jim Haggerton, Mayor
•. INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Peggy McCarthy, Finance Director
BY: Vicky Carlsen, Deputy Finance Director
DATE: November 28, 2012
SUBJECT: Third Quarter 2012 Cash & Investment Report
ISSUE
The third quarter Investment Report is included with this memorandum and is discussed below.
BACKGROUND
City funds are invested to earn a reasonable return while preserving principal and allowing
sufficient liquidity to meet the City's operating needs. To achieve these objectives investments
are diversified by type, by financial institution, and by maturities in compliance with the City
Investment Policy.
DISCUSSION
Portfolio Components
At September 30, 2012, the portfolio totaled $38.2 million comprised of$27.7 million in cash and
cash equivalents and $10.5 in longer term investments. The portfolio balance declined by $4.9
million from September 30, 2011 balance of $43.2 million. One certificate of deposit (CD) in the
amount of $500,000 plus interest matured in the 2nd quarter of 2012. A new CD in the amount
of $250,000 was purchased from Regal Bank. Additionally, two agency bonds, for total par
value of $2.5 million were called during the 1St quarter of 2012. Funds received were not
reinvested in long-term investment vehicles but were rolled into cash & cash equivalents for
cash flow purposes.
Portfolio Performance
The portfolio weighted average yield at year end was .96%. Considering the portfolio's
weighted average maturity was 1.3 years, and the yield on the cash & cash equivalent accounts
was .42%, the portfolio yield of .96% is quite favorable. The yield has been sustained by the
4.05% average yield on the municipal bond investments, the 1.42% yield on the certificate of
deposits and the .50% earnings credit on the US Bank depository account.
Investment income through 3rd quarter 2012 is $218,321 and has already exceeded the 2012
budget of $182,585. However, investment income for 2012 is expected to be less than 2011
investment income due to a decline in the portfolio balance.
Policy Compliance and Liquidity Analysis
As of the end of the 3rd quarter, the portfolio profile is well within the range of all the investment
policy parameters. There is currently a healthy mix of investments with a range of maturity
dates. Current investments allow for adequate cash flow requirements.
Fund Cash & Investment Balances
43
INFORMATIONAL MEMO
Page 2
Cash and investment balances of selected funds follow:
Fund Fund Description Portfolio Balance in Thousands
09-30-12 09-30-11 09-30-10 09-30-09 09-30-08
000 General $593 $2,814 $1,867 $3,461 $6,871
104 Arterial Street $791 $7,065 $10,871 $6,019 $10,342
2XX Debt Service $5,696 $15 $835 $2,233 $1,956
301 Land Acquisition, Park
Development $1,209 $4,791 $45672 $4,474 $4,790
The General Fund balance shows steady declines in cash and investment balances. It should
be noted that it is anticipated that the General Fund balance will be higher at year-end than it is
at the end of 3rd quarter largely due to property tax collections in 4th quarter. The Arterial Street
Fund balance shows a continual decline which was expected as funds have been expended for
the Southcenter Access Project and the Southcenter Parkway projects. The increase in the
Debt Service fund and the corresponding decrease in the Land Acquisition and Park
Development fund reflects a transfer of funds to pay off the golf course bond debt from a
governmental fund as resolved by the Council at the November 21, 2011 regular meeting.
Additionally, the December 1, 2012 debt service payments will reduce the debt service cash and
investment balance by approximately$2.6 million.
Comparing September 30, 2012 General Fund balance to the same time in 2011, the balance is
lower now than in 2011 due to the timing of transfers to the debt service funds for December
debt payments.
Investment Environment
Interest rates have remained low throughout 2012 and are expected to remain low until 2014.
The portfolio will be managed to take advantage of investment opportunities as they arise.
RECOMMENDATION
Presentation is for information only.
ATTACHMENTS
Cash and Investment Report
Policy Compliance & Liquidity Analysis
Cash and Investment Balances by Fund
Treasury Rates and Yield Curves
W:\1 Users\Vicky\Investment Report\Info Memo Investment Report 2012 Q3.docx
44
CITY OF0KWIL
CASH Q INVESTMENT REPORT
September 30,2V12
(a)
Rating Purchase Maturity Term Rn Book Yield to Annualized
Moodw Investment Type Date Date Yrs _--Value Balance�--�Maturity _Return`~_
CASH&CASH EQUIVALENTS
US Bank Depository vanmm (b) $ 3.5e8.182 $ 3,528182 0.50% $ 55.112
Washington State Treasurer LG|p Investment Pool vunvuo (^) 10.106.15e 10,106,158 0.12m 1e.946
'
Columbia Bank Money market Various w 14.044.e83 1*.044.983 0.30% 42.135
Total Cash m Cash Equivalents 27.67e.323 27,67e.323 0.42m 117.193
INVESTMENTS
Certificates ofDeposit
US Bank Certificate ofDeposit 02Y15/2010 02/150013 3.0 3.450.000 3.450.000 1,44% 49.680
Sound Community Bank Certificate ofDeposit 0304/2011 0304/201* 3.0 3,000,000 3'063.4*1 1.40m 42.000
nemdeanx Certificate ofDeposit 06/20/2012 12/20/2014 o.s 250,000 250.819 1.30% 3,250
CERTIFICATES OF DEPOSIT--TOTAL 3.0 6,700,000 6,764,280 1.42% 94,930
Taxable Municipal Bonds
City of Marysville,sinking At [TGOnefvnmng 11/23/2010 1201/2017 5.5 535,000 592.771 3o7m 19.976
un\4-pn1r.aveo.ayears
Washington State Convention Aan Lodging Tax Bonds 11002010 07/01/2016 oa 500,000 xus.so/ 3.60% 18.235
Center Facility
oW Biomedical Center Ax1 Revenue Bonds 12Y14/2010 07/01/2017 sa sno'oon *05,863 *.onm 20,487
Uw Biomedical Center Ax1 Revenue Bonds 1eY14/7010 07/01/201e 8.6 000'ono 505.511 *.ru% 23.75e
Douglas County,ESo.sinking Aa1 UTGO 12/23/2010 1201/2020 8.9 1.135.000 1.15*,848 4.55m 52.546
2018'2020.avu9 ym
Port u+Anacorteo Al crGO 12/17/2010 09/01/2020 o/ 340.000 328.113 5.00% 16.406
Educational SemicDistrict 03/23/2011 12m1/2012 1.7 {es.ono 188.356 1.00m 1.88*
TOTAL MUNICIPAL BONDS 7.3 3,695,000 3,781,984 4.05% 153,292
Total Investments 4 10395000 10546264 uosm 24e222
TOTAL CASH,CASH EOUIVALENTS&INVESTMENTS 1.3 $38,074,323 $38,225,587 1 0.961/61 365,415
Current Portfolio ield
(a)On calleable bonds,term is calculated to final maturity even though call date may occur first;term of liquid investments is
one day;nn sinking fund bonds,average maturity/o used m calculate term.
(u)wo fixed maturity,funds are available within one day.
(4 Annualized return based un purchase price and yield mmaturity.
CITY OF TUKWILA
Policy Compliance& Liquidity Analysis
CASH&INVESTMENT REPORT
September 30,2012
As of Report Date
Available Available Available in
Portfolio Within 1 Year Within 5 5-10 Years
Liquidity Analysis&Maturity Diversification Amount Years
Funds immediately available $ 27,679,323 $ 27,679,323 $27,679,323
Fixed Maturity Investments,maturing in:
0-90 days after Report Date 188,356
91-180 days after Report Date 3,450,000
Investments maturing in 1 year or less 3,638,356 3,638,356 3,638,356
Investments maturing in 1-3 years 3,314,280 3,314,280
Investments maturing in 3-5 years 1,012,384 1,012,384
Investments maturing in 5-7 years 1,098,283 1,098,283
Investments maturing in 7-10 years 1,482,961 1,482,961
Investments maturing in more than 1 year 6,907,907
and less than 10 years.
TOTALS $ 38,225,587 $ 31,317,679 $35,644,343 $2,581,244
82% 93% 8%
Investment Policy Parameters POLICY LIMIT PORTFOLIO Policy Met?
Funds available within 1 year 30.0% min 82% Yes
Funds available within 5 years 80.0% min 93% Yes
Funds available in 5-10 years 20.0% max 8% Yes
�,.�wrr�rn�rnfi i`1�,.,(�riits,�f�¢{rsltr!,t,:�.1 rNi.�§r,C n7�,9a��r��s/ �✓lrfiJ„ fr,d,a`,,ir t,,r J�uG�u�trwt.,.,.tLeVa rrS,WFS>J,�,rufi.,i`,af JilhL,..r,.l.... ,,..,.v.,.dJlar/.Pry,rrr';�/1.v,.,_L.,.,.1JJ.,..�„1�P:,.��;d,�„tiM.7,1X4{,r�t'R..nr 1u.,,N�Grd,�sre.,,;,,r,t,r�L/r, 4
Liquidity Requirements and Funds Available for Investing:
Funds immediately available $ 27,679,323
Restrictions&designations:
Operating liquidity (a) 14,000,000
Liquidity threshold 14,000,000
Funds available for longer term investing $ 13,679,323
(a) Represents largest one month decline in portfolio balance over the most recent 36 month period doubled;or the
equivalent of a 100%cushion
�AlwuiPr,IY RL„J�7�A!tf 1,n...,.a, 4..,,,,t.11"���1{.rYr,�)rlre.lsr(,P: yY�„,wr,ku,, -,udkti {,tsG.sklu..0 Vm,r,G !Ys„. ,rrlA,,,_.,tt _,r(.,1�U{,.,.,., i':s „ua.E._ry t �.i,rfll,6;.i, w!£„L1s,!U/z,.7,.>�;Y�,SGf>✓A...dv..r: lal�dIIr,!G 2;..,.
Portfolio POLICY Policy
Financial Institution Diversification Amount %of Total MAXIMUM Met?
US Bank $ 6,978,182 18.3% 50.0% Yes
Washington State Treasurer 10,106,158 26.4% 75.0% Yes
Columbia Bank 14,044,983 36.7% 50.0% Yes
Sound Community Bank 3,063,461 8.0% 50.0% Yes
Other financial institutions 4,032,803 10.6% 50.0% Yes
Total $ 38,225,587 100.0%
Portfolio POLICY Policy
Investment Mix Amount %of Total MAXIMUM Met?
Depository 3,528,182 9.2% insured by PDPC Yes
State Investment Pool 10,106,158 26.4% 75.0% Yes
Money market 14,044,983 36.7% insured by PDPC Yes
Certificate of Deposit 6,764,280 17.7% insured by PDPC Yes
US Agency - 0.0% 75.0% Yes
Municipal Bonds 3,781,984 9.9% no limit specified in policy Yes
Total 38,225,587 100.0%
�r. r r: t✓.. a ':t tz gnu, -r 's ,..t r ,r
t. � J � x r✓ � r s �' ! r r r t
,,,ef1 �„f✓r/r4ur..hr, ,afl:,�k,,...:✓�l>�21tJ.�¢,Gnftr 1l `i firn.,,.,fir. d .s.,�....v ltAw.rt.ulMs��v.tu r',.,:U., .l.f.x�,�.,,�.Pl'�„aat�JulGtIG<!� ,ra.,�t.drr,,��.rlrar, �fi�<,.,_n:r5., .,�1.7!>..�r�r �lduJ`fi,.,spas.,, J .,,.,.,..,� t,�,.at...n,.,Ft uc
Weighted Average Maturites: Years Performance Analysis
Certificates of deposit 3.0 Current portfolio yield 0.96%
Benchmarks:
Municipal bonds 7.3 6 month treasury 0.14%
Total Investments 4.5 2 year treasury 0.23%
Total Portfolio 1.3 — Local Govt Invst Pool 0.12%
POLICY MAXIMUM 3.5
Policy Met? Yes
Note:Cash and cash equivalents are available within one day and are factored
into the Total Portfolio weighted average maturity.
46
CITY OF TUKWILA
Cash & Investment Balances By Fund and Fund Group
CASH &INVESTMENT REPORT
September 30, 2012
. e :. :. . - >3al�rsces balances ��Iances, SaiBnces
o• M 09 30-11 %t19 80,i q CM9 30109 ' 09�3C1-ClB ;
General 000 GENERAL 593,027 $2,814,733 $1,867,415 $3,461,270 $6,$70,738
General Total 593,027 2,814,733 1,867,415 3,461,270 6,870,738
Special Revenue _101 HOTEUMOTELTAX _ 499,281 491,902 814,447 609,122 770,177
103 STREET 977,386 794,825 532,900 561,924 430,020
104 ARTERIAL STREET 791,077 7,064,975 10,871,165 6,019,043 10,341,630
105 CONTINGENCY 1,459,569 1,457,451 887,378 883,798 871,919
107 FIRE EQUIP.CUM.RESERVE 1,074,320 917,214 803,391 707,655 121,990
109 DRUG SEIZURE FUND 242,937 160,784 381,706 220,734 -
Special Revenue Total 5,044,571 10,887,151 14,290,989 9,002,276 12;535,735
Debt Service Total _ u _ 5,695,584 15,105 835,243 2,233,223 1,956,121
Capital Project 301 LAND ACQ,REC&PARK DEVLPMNT 1,208,991 4,971,148 4,567,390 4,474,364 4,789,935
302 FACILITY REPLACEMENT 2,011,798 2,034,039 2,072,904 2,233,068 2,024,385
303 GENERAL GOVERNMNT IMPROVEMENTS 870,305 851,784 1,949,336 404,169 932,551
304 FIRE IMPACT FEES 318,792 311,493 155,929 13,345 -
Capital Project Total _ 4,409,886 8,168,465 8,745,559 7,124,946 7,746,871
Enterprise 400 UTILITY ON ACCT(overpayments) 12,532 49,365 8,824 13,022 -
401 WATER 4,206,698 3,767,940 5,463,603 5,463,541 5,825,185
402 SEWER 1,334,051 760,203 1,703,186 1,679,034 1,830,983
404 WATER/SEWER REVENUE BONDS - - - 394,572 213,466
405 BOND RESERVE - 393,547 393,547 393,547
411 FOSTER GOLF COURSE 545,446 (116,347) 420,957 672,328 1,036,933
412 SURFACE WATER 3,059,552 3,483,618 2,760,828 3,428,087 3,944,187
Enterprise Total __ 9,158,279 7,944,780 10,750;944 12,044,132 13,244,302
Internal Service 501 EQUIPMENT RENTAL 3,941,086 3,838,521 3,561,621 3,346,549 3,616,980
502 INSURANCE 5,944,272 6,211,419 5,785,126 4,165,670 2,709,711
503 INSURANCE-LEOFF 1 1,878,247 1,778,889 1,577,126 1,268,707 992,616
Internal Service Total 11,763,604 11,828,829 10,923,873 8,780;925 7,319,307
Fiduciary 611 FIREMEN'S PENSION 1,474,540 1,478,358 1,486,915 1,483,628 1,482,295
630 METROPOLITAN PARK DISTRICT 39,491 (5,230) - - -
640 AGENCY FUND 46,559 30,862 65,084 119,641 -
Fiduciary Total 1,560,591wm 1,503,989 1,551,999 1,603,269 1,482,295'
Grand Total 38,225,541 43,163,053 48,966,022 44,250,041 51,155,369
47
CITY OF TUKWILA
Treasury Rates and Yield Curves
CASH & INVESTMENT REPORT
September 30,2012
Rates at September 28, 2012 Rates at December 31, 2011
Closing Closing
Yield III II I
I
Yield
Term Rate % Term
r• Change Change
3mo 0.10% -0.08% -80% 3mo 0.02%
Arno
-0.08% -57% 6rtei �
1 Yr 0.17% -0.05% -29% 1 Yr 0.12%
2Yr ' ,fir r' 11 % 0.02% 9%
3Yr 0.31% 0.05% 16% 3Yr 0.36%
0.21% 34%
10Yr 1.65% 0.24% 15% 10Yr 1.89%
3Ur f.a.,�,,.�� 2r✓a„ 0.07% 2%
Source: US Department of the Treasury
.n^_
Com .aµrisoaf __. .._ ...___._.............w._r.,_ . .__._.. ......_._.._._..�_.w.._.�
Comparison Treasury Rates
3.50% ._.._._-------------._m.. ........ .........__.. ... _._ ._._.__..,_.._-_.__.___. .......__...____,..
3.00% _._._,_.. .. _ _._. ...__..
2.50% -.._--__-..__.__._. ..,_._,_.__._..
1 2.00%
09/28/2012
1.50% _..__________.__.._...__... ... ...... ......_..._ .____._.. _...___.________.___ ._ .___.._.
^VIII 12/30/2011
1.00% ----------------
,
0.50% _..___ __.. ___... ___...____.._ 000 _ _e__._... . ....... ........ .........
0.00% _.__. _ .._....... .. .......... ..,._._._ _. ._... __ ..__.
3mo 6 mo 1 yr 2 yr 3 yr 5 yr 10 yr 30 yr
48
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Finance & Safety Committee
FROM: Kimberly Matej, Government Relations
DATE: November 27, 2012
SUBJECT: City Council DRAFT Procedure: iPad Usage and Support
ISSUE
A draft policy relating to iPad Usage and Support has been created for use as a Council Operating
Policy and Procedure.
BACKGROUND
Since 2010, the City Council has been working towards creating standard operating policies and
procedures applicable to the Council. When a draft policy is ready for review, it comes before the full
Council for discussion and consensus to implement, as appropriate (reference City Council minutes
dated February 22, 2010 attached). Compilation and implementation of this document, as a complete
and useful tool, is expected to be a lengthy process.
DISCUSSION
This specific draft policy relates to Council Technology: iPad Usage and Support. It was created
through collaborative efforts of Councilmember Dennis Robertson and City staff (Council, City
Attorney, Information Technology and City Clerk). The draft policy has also been reviewed by the
Council President, who recommended this item be reviewed by the Finance & Safety Committee prior
to being forwarded to full Council for a decision to implement.
RECOMMENDATION
There is no staff recommendation in regard to this item as this is a draft Council policy/procedure
applicable to and implemented by consensus of the Council.
If the Committee recommends Council implementation of the draft policy, the next procedural step
would be to forward this item to the December 10, 2012 Committee of the Whole for full Council
discussion and a motion to approve at the Special meeting to follow that same evening.
ATTACHMENT
Draft Council Procedure: Council Technology— iPad Usage and Support
Minutes from the February 22, 2010 Council meeting
W12012 Info Memos-Council\IPADUsage.doc
49
50
COUNCIL POLICY & PROCEDURE
Council Technology: Pad Usage and Support
Pads are the current technology tool that have been assigned to each City Councilmember for
their use in conducting City business. Pads are the property of the City of Tukwila, and as such
are expected to be maintained in a responsible way and used in a manner consistent with the
City's Code of Ethics and applicable laws.
The Pads are issued to Councilmembers with standard, basic business software; local storage;
4G LTE wireless and Wi-Fi communication capability; hard case with a Bluetooth keyboard; and
a device charger.
Purpose of the iPads
The Pads are intended to meet the majority of individual Councilmember business needs such
as: email, word processing, spreadsheet creation, Internet access and browsing, note taking,
document annotation, maintaining contact information, and calendaring. In addition, the Pads
are designed and intended for mobile use by Councilmembers. Thus, a Councilmember can
access official business email anywhere and use the mobile capability for the vast majority of
their City work. Finally, the Pads have capability to access the City's internal network for virtual
Windows access for both long-term data storage and access to more capable business
applications.
It is expected that individual Councilmembers may have differerit_requirernents for business
applications. The Council budget allows for i purchasing-a--va�rie-yi of Pad applications for these
purposes.
Acceptable Use
This is a Council-imped ;polity 'and procere and eachoundilm mber is expected to
adhere to the fd�lIowing\guidefine�;
• City-owned iP�ds„shoduld be used! for official City-rdlated business only.
• Any viewing, i sharing or it nsmission of, ttma4e ial..r containing' inappropriate content,
offensive langoag , dprggatpry�umb�s gossip �other content not in keeping with the City
of Tukwila's mission is sfrict� prohibited.
• Pads shoud_,never be left in a vehicle or other unsupervised area that could lead to theft
of the device.
• All Pads will be enrolled in the City's mobile device management application. This
program offers enhanced security for the device and can be used to "wipe” the data and
any connections to the City's network should the Pad become stolen or lost. Information
Technology staff should be notified immediately if the Pad is no longer in the
Councilmember's personal control.
• When upgraded versions of licensed software/applications are available, the Pad should
be given to Information Technology or Council staff for updating and appropriate
downloading.
• If a Councilmember needs training for use of the Pad or on a standard application that is
installed on the Pad, contact Information Technology or Council staff.
• In general, Information Technology and Council staff may only be able to provide support
for basic and standard Pad applications available to all Councilmembers.
• If a Councilmember requires use of a software/application that is not part of the standard,
basic issued applications, the Councilmember should contact Council staff to purchase the
application with Council budget funds.
Page 1 of 3
51
COUNCIL POLICY & PROCEDURE
• The camera function on the iPad should be utilized for official City business only.
Photographs and/or videos on the iPad are subject to the Public Records Act and
discoverability as discussed later in this policy.
• Questions and/or concerns regarding permanent storage or network software should be
directed to Information Technology staff.
iPad, Public Records Act& DiscoverabilitY
Local government records must be made available for review by the public, unless they are
specifically exempted or prohibited from disclosure by state statute. In Washington state, Ch.
42.56 RCW is known as the Public Records Act. That RCW chapter contains many of the
primary disclosure exemptions and provides the basic procedures required for disclosure of
public records by all local government agencies inWashington. In general, as a Councilmember,
it is your responsibility to be aware of this Act and of the requirements the City must meet to
maintain compliance.
To comply with this Act, information that may need to be made available for review by the public
must be searchable and accessible by the City Clerk or other designated City representative. In
order to meet these requirements and maintain transparency in local government,
Councilmembers should utilize the following policy terms to conduct City-related business on
the iPa&
• The designated City email address given----to l I each Co'uncilmember (ie:
firstname.lastname @TukwilaWA.gov), ras-Well as the Cjtylernail system, should be the
only email address or system-urd by;#Couhcilmomb`ers to conduct!,City-related business.
These emails_are�archived for retention by �,he Inform-ation Technology Department, and
are searchable wh n deemed'necessary off- a ipropriate.
1 ( i 1 i r '
• User-created err,ail accounts ine'luding J but \no� limited to, borricast, Gmail, Yahoo,
Hotmail, Zohd, G' AX' `t c., sho Id not be instafted on or utilized;by e Councilmember on
the City-provided 11iPadJo cor duc City business\ol( for', personal use. As stated above, all
City-related elctronict cbmrur icat on shbuld't�e_conducted via the City's designated email
system.
• Social media app-p-lications including, but not limited to, Facebook, Twitter, Linkedln, etc.,
should not be'installed or utilized on the iPad unless directly required for and related to the
conduct of City business. If the social media communication (sent or received) relates to
the conduct of City business, it must be retained in accordance with the applicable
Washington State Records Retention Schedule and may be disclosable under the Public
Records Act.
• Documents, notes, photographs, etc. created on the iPad and presented or referenced in
a meeting where City business takes place are considered a City record and must be
retained in their native electronic format for the required retention period. Printing out a
hard copy is not sufficient to meet retention requirements. Citrix has been installed on all
Council iPads to accommodate access to the City's computer network for such storage.
• Notes created for a Councilmember's personal business use, such as to organize their
thoughts or formulate potential questions to ask at a meeting, may be considered a
transitory record with minimal retention value. Councilmembers may wish to periodically
review these types of documents on the iPad and delete as applicable.
• All electronic records created and/or stored on the iPad must be retained for the applicable
retention period set forth in the Washington State Records Retention Schedules, which
can be viewed in their entirety on the Washington State Archives website. Contact the
City Clerk with any questions regarding records retention requirements.
Page 2 of 3
52
COUNCIL POLICY & PROCEDURE
A deviation from this policy can put Councilmembers at risk to provide personal information
and/or communications, and can put the City at risk of a costly public records lawsuit.
Additionally, in court proceedings, a legal request can be made for discovery of devices such as
an iPad. This can mean that any and all information existing on the iPad could be deemed as
discoverable, beyond what may be disclosable under the Public Records Act.
Printing
Printing from the iPad is available at City Hall in the designated Council work area. If a
Councilmember would like to utilize printing from the iPad on a personal home printer that is Wi-
Fi or AirPrint enabled, Information Technology staff can be contacted for installation assistance.
If there is a need for printing at home, and a Councilmember is without a Wi-Fi or AirPrint
enabled printer, a City-issued printer may be issued on a demonstrated, as-needed basis.
Internet Access
When faster connectivity is desired, Councilmembers may utilize a Wi-Fi hot spot or personal
Wi-Fi, as often found in personal residences. If a Councilmember requires assistance accessing
Wi-Fi in the home, Information Technology staff can be contacted.
Device Maintenance --------
In order to maintain proper functioning, the iPad qnd--accompanying keyboard should be
charged on a regular and consistent basis. All wing th6 battery-46 -a;in o�all power could result
in system failure and loss of jnformffti n on the iPad. A�dit�,onally, only a clean, soft cloth should
be used to clean the-sreen.i Do not us cleanserst�f any t�pe:""+
References II :,
The following additional codes and pa'cies were used a references in,formulation of this policy:
i t '
t 2 � i
• RCW 42156 } P bli F�eco d's�A.ct, ;' I� � `- "-
• RCW 40 14 anti Destf--u8on of Public Records
• Tukwila Municipal tod 221
• Administrative-Policy 400-03 - Public Records Request
• Administrative Policy 400-04 - Records Management, Retention and Archives
• Administrative Policy 1100-08 - Use of Public Internet Communication Tools
Page 3 of 3
53
54
Tukwila City Council Committee of the Whole Minutes
February 22, 2010 Page 4 of 6
Councilmember Seal indicated even the City is still competitive with surrounding jurisdictions, with the
slight increase in fees.
Councilmember Ekberg inquired about the capacity of the golf course and asked how many users are
currently using the facility.
Mr. Still explained the facility is yielding approximately 65,000 rounds of golf played a year.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE NEXT REGULAR MEETING.
c.Zoning code changes related to the siting and operation of Crisis Diversion Facilities and Crisis
Diversion Interim Service Facilities.
Council President Robertson explained that staff is requesting the Council forward this item to the
Planning Commission for review.
8:06 p.m. Councilmember Quinn recused himself from discussion on this item and left the Council
Chambers.
Brandon Miles, Senior Planner, explained that on September 8, 2009 the Council adopted Ordinance No.
2248, which established an emergency six-month moratorium on the issuance and processing of permits
related to crisis diversion facilities (CDF)and crisis diversion interim service facilities (CDISF)within the
City. After the moratorium was adopted, staff conducted extensive research on the proposed uses to
better understand the needs of these types of facilities and to determine how best to integrate these
facilities into the City. He explained that pursuant to Tukwila Municipal Code 18.80.020, staff has
declared an emergency in order to allow the proposed code amendments to be forwarded to the Planning
Commission for review and consideration.
COUNCIL CONSENSUS EXISTED TO FORWARD THIS ITEM TO THE PLANNING COMMISSION.
8:11 P.M. Councilmember Quinn returned to the Council Chambers.
d. Discussion of City Council draft procedures.
Council President Robertson explained that one of the 2009-2010 Council goals is to approve and
implement standard operating procedures for the City Council. Throughout the year, draft procedures will
be discussed to aid in the completion of the Council operating procedures. He explained the two items
for discussion this evening are tracking Council goals, initiatives and/or projects and the distribution of
information to Councilmembers.
The Council reviewed the draft Council procedure relating to tracking Council goals, initiatives and/or
projects. Mr. Robertson explained the procedure will ensure efficient and timely tracking of Council
commitments. The only change that has occurred in the procedure is that the Council will review the
items quarterly at a Committee of the Whole meeting. After Council discussion, there was consensus to
begin review of Council goals at the end of the second quarter. There was Council consensus to retain
the procedure.
Mr. Robertson explained the second item for discussion is the distribution of information to
Councilmembers. In order for the Council to make strong, supportable decisions, all Councilmembers
should receive any information/materials at the same time and place if possible. If a Councilmember
requests certain information about a particular topic that is time consuming for staff, the request will be
referred back to the full Council to see if there is enough support.
Kimberly Matej, Council Analyst, explained this procedure is intended to assist the Council in recognizing
the impact to staff and not deter information.
Council President Robertson explained that after discussion with City Administration, it was determined
the Citizen Tracking and Reporting Policy is an Administrative policy.
55
Tukwila City Council Committee of the Whole Minutes
February 22, 2010 Page 5 of 6
Steve Lancaster, City Administrator, explained the intent is to make the Citizen Tracking and Reporting
Policy an internal administrative policy. This policy is to ensure that citizen inquiries directed to the City
Council are appropriately addressed and the resulting actions are appropriately communicated.
Mr. Lancaster explained the basics of the system will include an electronic tracking system that could be
available to the Council and staff. The information can be added to the tracking system by the City
Administrator/designee, Department Directors/designee, and the Council Analyst. If an inquiry is made
during an open meeting, the inquiry should be acknowledged and any clarifying questions could be asked
of the citizen. Within one business day, the inquiry would be acknowledged, and staff would add the item
to the tracking system. Once the inquiry has been entered into the system, it would be answered within
three days or referred to the appropriate department for research and a response. Upon resolution of the
inquiry, that information would be entered into the tracking system, and the Council President and City
Administrator would review the status of active inquiries weekly.
Mr. Robertson also explained that if an inquiry is made during a meeting, the official conducting the
meeting should ensure the discussion of the inquiry is limited to clarifying questions.
Councilmember Hougardy indicated she feels a vocalized statement should be provided to the individual
that has the inquiry, so they know the Council will follow through with a resolution.
Councilmember Duffie expressed concern for the citizen that comes before the Council and does not
leave with a response. He agreed there should be a way to provide an answer at the time an inquiry is
made.
Councilmember Hernandez thanked Mr. Robertson and the City Administrator for the draft policy. She
explained that as Councilmembers they need to be careful to listen during an inquiry. She suggested the
response to all inquiries be the same and suggested that bullet number two on the draft policy be used
during an open meeting. "Citizen inquiries are forwarded to the appropriate City Official for review and
response."
Mr. Lancaster explained that the official chairing the meeting would be the gatekeeper for the inquiry and
ensure questions directed to the requestor would be of a clarifying nature.
Councilmember Seal concurred with Councilmember Hernandez. If all requestors are provided the same
answer, it will provide consistent dissemination of information and everyone will receive the appropriate
answer and correct information.
REPORTS
a. Mayor
Mayor Haggerton attended the Suburban Cities Board Meeting on February 17, 2010, and the ribbon
cutting ceremony for the Courtyard by Marriott on February 18, 2010. He also attended the Valley Cities
meeting on February 19, 2010. Mayor Haggerton also participated in the Association of Washington
Cities (AWC)Conference call to discuss the current legislative session. He also indicated the SCORE
Jail Facility work is underway, and he will to arrange a tour of the facility for interested Councilmembers.
b. City Council
Councilmember Hernandez attended the Historical Society meeting on February 18, 2010.
Councilmember Ekberg attended the Tukwila Neighborhood Block Watch meeting on February 18, 2010.
Councilmember Seal explained there was an article in the"Renton Reporter"that King County
Councilmember Julia Patterson submitted relating to youth volunteers and community service.
Councilmember Hougardy attended the most recent South King County Economic Development Initiative
(SKEDI) meeting. She also attended the Neighborhood Block Watch meeting for her neighborhood on
February 18, 2010.
56