Loading...
HomeMy WebLinkAboutCity Council Committees - Operations - 09/18/2012 • KEN T WASH NOTON Operations Committee Agenda Councilmembers: Dennis Higgins * Jamie Perry * Les Thomas, Chair September 18, 2012 4:00 p.m. Item Description Action Speaker Time Page 1. Approval of Minutes YES 1 Dated, September 4th, 2012 2. Approval of Check Summary YES Report dated August 16th, 2012 thru August 31', 2012 3. Dissolution of the Economic YES Paula Barry 5 Min. 19 Development Corporation 4. Consolidated Budget Adjustment YES Bob Nachlinger 5 Min. 23 1/1/12 to 6/30/12 5. Bond Rating NO Les Thomas 10 Min. Unless otherwise noted, the Operations Committee meets at 4:00 p.m. on the first and third Tuesday of each month. Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895. Dates and times are subject to change. For information please contact Satwinder Kaur at (253) 856-5705. Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388. This page intentionally left blank 1 KENT WASHINGTON OPERATIONS COMMITTEE MINUTES September 4, 2012 Committee Members Present: Les Thomas, Chair, Dennis Higgins and Jamie Perry The meeting was called to order by L. Thomas at 4:00 p.m. 1. APPROVAL OF MINUTES DATED AUGUST 21, 2012 D. Higgins moved to approve the Operations Committee minutes dated August 21, 2012. J. Perry seconded the motion, which passed 3-0. 2. BERK AND ASSOCIATES EFFICIENCY STUDY CONSULTANT AGREEMENT (APPROVE) As a Council and Chamber of Commerce recommendation, staff was requested to provide analysis of staffing, structure and services resulting in recommendations to generate further efficiencies as well as budget reductions. Five vendors were reviewed and BERK met the majority of the desired criteria, two being municipal and annexation experience. J. Hodgson clarified the study is to provide information on the City's processes, not the end service. L. Patterson, Human Resources Director, distributed the Service Agreement draft and reviewed the scope of work proposed by BERK. Administration had staff previously conduct a Span of Control exercise, which BERK will use in their study, Directors and key staff will also be available to answer questions. D. Higgins questioned where the funds were coming from for the study, which J. Hodgson stated it would be primarily from the Council survey budget and then from the Fund balance. Phasing depends on how the City Council wants to move forward with recommendations. A draft report will be ready to present to Council for review and further recommendation to staff in December. Any recommendations by the Council will be done in 2013. This item will be on tonight's council agenda under Other Business. Motion by J. Perry, seconded by D. Higgins to recommend authorizing the Mayor to sign a Consultant Services Agreement with BERK and Associates in the amount of $43,730 with terms and conditions acceptable to the Human Resources Director and the City Attorney. The motion passed 3-0. 3. CINTAS CORPORATION LINEN AND UNIFORM SERVICES AGREEMENT (AUTHORIZE) The city is required to provide rental and laundering of uniforms and linens for approximately six (6) Mechanics and eight (8) facilities personnel. Additionally, the City will be purchasing parkas, Carhartt jackets and raingear for approximately 218 employees. 2 Operations Committee Minutes September 4, 2012 Page: 2 (cont'd) This represents approximately a fifty-nine percent (59%) reduction from our current contract. However, the City is paying a clothing allowance to employees, with an estimated cost over three (3) years of $191,100. This would result in cost savings of nine percent (9%). Motion by D. Higgins, seconded by J. Perry, to move to recommend the Mayor enter into an Agreement with Cintas Corporation for the Rental and Laundering of Uniforms and Linens in an amount not to exceed $156,583, with terms and conditions acceptable to the finance director and city attorney. The Motion passed 3-0. 4. GAMING IN KENT (INFORMATION ONLY) Council member, L. Thomas distributed a document listing the pros and cons of gaming in the City of Kent in response for the need of additional revenues sources. This item was before Council earlier when the Ordinance was passed to allow Great American Casino to conduct business in the Panther Lake annexation area. Discussion included how other cities, specifically Tukwila, have handled their Ordinance to control gaming. Taxes generated from the Great American Casino in the annexation area and how it affects the City of Kent were discussed. B. Nachlinger noted that the casino cannot move from the annexation area undercurrent Ordinance. D. Higgins and J. Perry do not feel there is enough support at this time to open the discussion to the rest of the council. J. Perry commented she has received negative response whenever the topic is brought up to community members. D. Higgins will continue to research the topic, talking to other cities. S. FINANCIAL SUMMARY REPORT AS OF JULY 31, 2012 (INFORMATION ONLY) Overall revenues are estimated to end the year approximately $440,467 or 0.7% under budget with current expenditure projections ending the year at about $853,379 or 1.4% below the budget. The expected savings in expenditures offsets lagging revenues and grows fund balance by $477,094. Ending fund balance is estimated to be $1,775,877, which equates to 3.1% of the expenditure budget. The Committee noted their continued concern that the sales tax in Kent is down compared to other cities in the states. B. Nachlinger noted in their research it is not in one sector but that all cities are down cross the board. The meeting was adjourned at 4:45 p.m. by L. Thomas. Pamela Clark Operations Committee Secretary 3 dCENT WAS HIN OTON CONSULTANT SERVICES AGREEMENT between the City of Kent and ERK & Associates, Inc. THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and BERK & Associates, Inc. (hereinafter Consultant) organized under the laws of the State of [Washingtoh; located and doing business at 2025 First Avenue, Suite 800, Seattle, WA 98121 (206)324-8760 (hereinafter the "Consultant"). I. DESCRIPTION OF WORK. A � Consultant shall perform the following services fo OThe City in accordance with the following described plans and/or specifications: ' �� See Memo attached as Exhibit A detailing cope and cost of this Vdork Rar, Consultant furtherx [e resets that to sees- fi �he under this Agreement will be performed in accordance t th gene iIy acce e`, Irrofessior practices within the Puget Sound region in effect at the time t se semi es are� � p formed. �1 _> II. TINulon Iao-oli� agree that work will begin on the tasks described in � taon I a e immedi tely upoh theveffective date of this Agreement. Upon the effective daieof this Agreaent,�" onsultantha11 complete the work described in Section I identified as Phase 1, by 12/�3 .012, � III. CO , SATION. `a# A. The City s allp3y th Consultant, based on time and materials, an amount not to exceed Forty ieYje fi- sand Dollars ($45,000), plus applicable Washington State sales tax, for t`t5' " ervices described in this Agreement. This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed amendment to this agreement. The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement. The Consultant's billing rates shall be as delineated in Exhibit attached, detailing Scope of Work. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this CONSULTANT SERVICES AGREEMENT - 1 (Over$10,000) 4 Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice. If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations; A. The Consultant has the ability to control. and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. ` " y ';", B. The Consultant maintains and paysIfor its , n place of business from which Consultants services under the 2 reemen I will,be pertormed. nl` C. The Consultant has an estblished and independent business that is eligible for a business deduction fo ederal income tax purposes that existed before the City retained Consultant s ervices�or the Consultant is engaged in an independently established trade,'ocGpat on, profession) or business of the same nature as tli4 t�Vol "I,lvved unde T Agreement. D. The Consultant is responsible or,filin sF ey become due all necessary tax documenntstwith appropriate fedehalnand s 8, gencies, including the Internal RevenIS;er<VlGtr and the state Depttment of Revenue. r;t E. The on Itant n register ec(*'its business and established an account with the stat > pa eft of R`eVenue and other state agencies as may be `� sa. re.q�ired y� o�stanfbu`st�ness, and has obtained a Unified Business "t=Id€ender (UBiT,"umbertfro n the tat e of Washington. Fr � The Cons"Q1 ant 47,ltams a set of books dedicated to the expenses and }ae�aarnings of'its }busine } V. TERMI�IfdTION. Either party may terminate this Agreement, with or without cause, upon providmg�'tte other p�a'iy thirty (30) days written notice at its address set forth on the signature block of this ggreerp'ent. After termination, the City may take possession of all records and data within the, G ftsuI ants possession pertaining to this project, which may be used by the City without restriction. If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by, reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant, shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. CONSULTANT SERVICES AGREEMENT - 2 (Over$10,000) 5 VYI. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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 the Consultant and the City, its officers, officials, employees, agents and/;o1unteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's nregj16ence. IT IS FURTHER SPECIFICALLY AND EpRESS UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONS, fTUTES THE4 ,,CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,� IIT E51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTH R ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER, w ,y In the event Consultant refusesr,tonder of de e�se r 'a ny suit oran`y claim, if that tender was made pursuant to this indemniffcktio'h'clause, and 1 , }gat refusal is subsequently determined by a court having jurisdiction (or other ogre:i d tribunal) to��iave been a wrongful refusal on the Consultant's part, then Consultant shal pay Slk-the City s costs for defense, including all reasonable expert witness fees and reasonable att Q i�e� s' f es ,,plus the City's legal costs and fees incurred because teen°s, tyrongful iefusao`> „tho Consu`Itrant's part. The provisions of this sec>;pp shall survive the expiration or termination of this Agreement. �a VIII. IN SS�RANC . The G fisultan, I prpcure and maintain for the duration of the Agreement,(, of� i typ din the mounts described in Exhibit B attached and incorporated 15this reference, re IX, EXCNGE OF INFORMATION. The City will provide its best efforts t as�nable accuracy of any information supplied b it to Consultant for the provide completion of the wor9fu�rlder this�Ad-reement. pp y purpose of �_, X. OWNERSHyp = ^N,p>�ryI SE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, o '�any other records developed or created under this Agreement Consultant will be safeguarded by the Co shall belong to and become the property of the City. All records submitted by the City to the nsultant. Consultant shall make such data, documents, and files available to the City upon the City's request. The City's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. Even though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. CONSULTANT SERVICES AGREEMENT - 3 (Over$10,000) 6 XII. WORK PERFORMED AT CONSULTANT'S RISK. Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be-done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any desig ated recycled product. B. Non-Waiver of Breach. The failure of the Gitl insist upon strict performance of any of the covenants and agreements contained in this " greement, or to exercise any option conferred by this Agreement in one or more instances ha�f •;ot be construed to be a waiver or relinquishment of those covenants, agreements o,,"options, an , to same shall be and remain in full force and effect. .� C. Resolution of Disputes and Governin Law. T is Agree e.t shall be governed by and construed in accordance with the laws of they.. ate off, shington It t=he parties are unable to settle any dispute, difference ° claim ansin'gro$m the parties' erformance of this Agreement, the exclusive means of resl"n that dispute, difference or claim, shall only be by filing suit exclusively under the venue res d jurisd cYio'h of the King County Superior Court, King County, Washington, unless the panes agrc . m writi�igto an alternative dispute resolution .a process. In any claim oi�I Hilt for dar' es a s g froiiP'''�'the parties' performance of this Agreement, each party st 11 pay al its legs st a�n e�dttgn fees incurred in defending or bringing such claim or lawsuit, Intl ling all ap=.e Is in adc�ti'on to any other recovery or award provided by law; provici fthowever, xnothing Fiis paragraph shall be construed to limit the City's right to indemnifications nderfS,cttion VII o his Agreement, -l ., g"N D. W<fittenNgt Allcpm ni�stio s re,larding this Agreement shall be sent to the parties at tl�e , ddresses r .d on �h`e signature I age of the Agreement, unless .notified to the contrary. AA"fwritten notice reunde shall become effective three (3) business days after the date of mailing gyegistered oCY rtfiedail, and shall be deemed sufficiently given if sent to the. addressee at t, address st ted in"`this Agreement or such other address as may be hereafter specified r'ting. y o=, E. Assignment n ment of this Agreement by either party without the written consent of the non-assigning y shall be void. If the non-assigning party gives its consent to any assignment, the terms o his Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant. . G. Entire Agreement. The written provisions and terms of this Agreement, together With any Exhibits attached hereto, shall supersede all prior verbal-statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of CONSULTANT SERVICES AGREEMENT - 4 (Over$10,000) 7 the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in .operations c Agreement or accruing out of the performance of those operations. overed by this I. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agrm"Ohent, which shall become effective on the last date entered below, a b CONSULTANT: — A CITY°OF DENT By: (signature) y'— " ]r� Print Name: Michael Hod4ins (s/9 aYure) Its Principal pin t Narpe Suzette C6bke it Mayo DATE: (title) a, p y , DATE NOTICES TO BE SENT TO�f— ` 41 �„ ` ' NOT.IGES TOlt SENT TO: CONSULTANT: � � �# ; ICI Y OF ICIT: Lynnette Bradbury Business ,' BERK Mnagd Lorraine Patterson Human Resources Director ts�[ r�' � , Citof Kent 2025 1sr Avenue,�Suite 8` &00 Seattle, WA�g121 v ? �2� Fourth Avenue South f Kent, WA 98032 206-324-8760 (telephone) 206 324-8965 (facsiijle) t �, (253) 856-5276 (telephone) i ele (253) 856-62 70 (facsimile) APPROVED AS TO FORM; Kent Law Department [In this field,you may enter the elec reek fnepath where the rontraR has been savetl] CONSULTANT SERVICES AGREEMENT 5 (Over$10,000) 8 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of,Kent is committed to conform to Federal and State laws regarding equal opportunity. As such-all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or, supplier on this specific Agreent to adhere to. An affirmative response is required on all of the following questions forXis Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully mi"�4 resents themselves with regard to the directives outlines, it will be considered a breach gfFont �ta and it will be at the City's sole determination regarding suspension or terminationfor°a or parof the Agreement; The questions are as follows: 1. I have read the attached City of Kent admint trative.p„ I'cy numbe( _i 2. �h 2: During the time of this Agreer jTa I will not iscr urinate in emplent on the basis of sex, race, color, national origlnaMfoYr the pre?s ce of all sensory, mental or physical disability. �� ti ,� 3. During the time of.tSh/ isps A eqment th prime c`�d jryf ctor w%1 provide a written statement to elm newto eemployeesand sU ontractoi kn ii tin g e�bmmitment as an equal opportunity p y i' 4. Duringthe time of th ' x preeenirlhe pn e contractor, will actively consider hiring an d f romotio= o o nand Yn drities �r p �nags 5. Before a eptance of�th3s Agreement, an adherence statement will be signed by me, the Prime Co°h actor, that e Prime-'Ortractor complied with the requirements as set forth 2>a. above. By signing below, I a "g - Ito fulfill GN five requirements referenced above. Dated this day 20_ .. By: For: Title: Date: EEO COMPLIANCE DOCUMENTS - I 9 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN CONTRACTORS SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor it POLICY: Equal employment opportunity requirements for the ,J £ of Kent will conform to federal and state laws. All contractors, subcontractors, consu�t�' ts and suWpiers of the City must guarantee equal employment opportunity within their organ{ ion and, if h`of i g Agree amounting to $10,000 or more within any give ' ear, must take ments with the City thfo,lowing affirmative steps: 1. Provide a written statement to all no employegs and `contractors indicating commitment as an equal oppor u ity�empfo RF 2• Actively consider for promotiona11 1 ncement�ai liable minorities and women. n Any contractor, subcogtractor, consulta i or sup ;Her wh willfully disregards the City's nondiscrimination and e ual;opportunity re ireme.tS all be considered in breach of contract and subject to suspensiontor termma ion for o pa o tie greement. Contract Compliance Officers will bed=appointe the Directors of Planning, Parks, and Public Works Departments to assume' e fof�owi Butler their respective departments. g om r p 1, Ensuri gthat conhr etors s bcontra tour �= consultants and suppliers subject to these re ul t b = fp, pp ' policy, i s are familia' ith the r,�egulatiod and the City's equal employment opportunity 2• Monitoring to `s ure adhereq,e to federal, state and local laws, policies and guidelines. 4 2 EEO COMPLIANCE DOCUMENTS - 2 0 i CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement, I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as 9 y that was entered, into on the (date), betwA fie firm I represent and the City of Kent. I declare that I complied fully with all of the req ! ements a d oblig tio. , as outlined-in the City of Kent Administrative Policy 1.2 and the Declaratio it. f :ent Equal Eric 6lloyment Opportunity Policy that was part of the before mend Yteyd Agreemen •_ Y 9 Y Dated this day o "> r By: For: .. Title.- Date: EEO COMPLIANCE DOCUMENTS - 3 L up STRATEGY«ANALYSIS n COMMUNICATIONS MEMORANDUM DATE: August 30, 2012 TO: Lorraine Patterson, City of Kent Chris Hills, City of Kent FROM; Michael Hodgins RE: City of Kent Efficiency Study, Proposed Scope and Budget Estimate Project Understanding At their July 3111 meeting, the Kent City Council passed a resolution which directed the mayor's office to "hire an independent consultant with experience in analyzing staffing, structure and services provided by city government in order .to provide recommendations to generate further efficiencies in governmental operations, with the goal of reducing the city's annual budget." Over the past several years, the City of Kent has undertaken meaningful steps to reduce its total number of employees and increase productivity in response to reduced revenues that have resulted from the combined effect of several tax limiting measures and the impact of the recent recession and very slow recovery. At the same time, the City has been managing its response to increased demands for public services that have resulted from the recent Panther Lake annexation which brought an additional 25,000 residents and new revenues, including a 10-year annexation sales tax credit to support revenue shortfalls in this area. Given these significant, and still fluid shifts in both the city's revenues and demands for service, it is a good time to take a deeper look at the efficiency of city governmental operations and to determine how best to move toward a more robust, long-term fiscal balance. Based on our discussions and a review of the presenting challenges, we would propose the following phased approach to meeting the goals stated in the City Efficiencies Resolution. Phase 1. The objective of Phase 1 would be to conduct a situation assessment and identify possible efficiency measures. This phase would be focused on fact finding and presenting choices, options and preliminary implications. We would work collaboratively with the city to ensure that the options reflect the particular realities of the facing the organization and use the process to build a common understanding of the situation and the range of options that are available. The key elements in Phase 1 would include: 1. Assessment of the current cost and level-of-service situation at the City 2. An analysis of peer and neighbor jurisdictions to see how the City compares on a range of cost and revenue metrics 3. Identify possible opportunities to streamline the City's cost structure 4. Conduct an initial, high level assessment of impacts and tradeoffs implied by the options identified in step 3. Phase 2. The objective of Phase 2 would be to more fully analyze options identified in Phase 1, select the most effective options and develop a strategy to move forward. This phase would build on the common understanding of the situation and the options with the goal to develop a strategy and implementation plan. The plan would be developed collaboratively with staff, administration and Council to ensure that the opportunities and tradeoffs are well understood and the action steps have broad buy in from key stakeholders. It may be desirable to involve some community stakeholders as the plan takes shape to gain additional perspective on the choices and tradeoffs. 2 City of Kent Efficiency Study Proposed Scope and Budget The balance of this memo more fully describes the scope of work, schedule and estimated budget for Phase 1 of this effort. We believe that it is appropriate to hold off on detailed Phase 2 scoping until after the results of Phase 1 and there is a better idea of the range and potential scale of the options identified. for further study. Phase 1 Scope of Work Task 1: Data Collection and Information Gathering The initial task is to quickly and efficiently gather the necessary data and relevant contextual information for the subsequent analytic tasks. This will include an initial kick off meeting and a series of interviews of key staff and policymakers. The data collection effort will also collect the base data to support the peer and neighbor analysis. Once we have notice-to-proceed, BERK will submit a list of data and document needs. Task 2: Situation Assessment The principal.analytic task in Phase 1 will be to develop a comprehensive situation assessment that looks at how the city is currently organized, its cost structure, the demands for city services, the current and desired levels-of-service and the cost drivers that are likely to have an impact on future cost growth. The assessment will also include a peer and neighbor analysis to provide useful context as to how the City of Kent compares to its peer and neighbor jurisdictions. • Peer and neighbor analysis. Working with the staff, BERK will identify the most appropriate peer and neighbor jurisdictions. For each, we will collect budget.information and conduct a high-level assessment of key cost and revenue metrics. The metrics will be selected to highlight similarities and possible differences among the sample jurisdictions and the City of Kent in the areas of revenue policies, revenue yields, staffing levels, levels-of-service and other cost variables. • Assessment of current City Organizational Structure. BERK will review the City's current organizational structure with a particular focus on staffing levels, span of control issues and the relationships between direct service functions and indirect or internal service functions. • Cost and level-of-service analysis. BERK will review and analyze current and historical cost data with a focus on assessing cost efficiency and cost effectiveness of service delivery, trends in both demands for service and cost of service delivery and identification of key cost drivers, such as labor cost escalation and health and benefit costs. A key element of the cost analysis will be to identify where the city should be leveraging its fixed costs and maximizing its opportunities to benefit from economies-of-scale, Task 3: Identify Cost Efficiency Opportunities Once there is a shared understanding of the city's current situation, BERK.will identify potential cost efficiency and effectiveness opportunities, estimate potential cost impacts and identify possible impacts or tradeoffs associated with each. The task will involve direct collaboration with city staff, particularly as it relates to fully understanding the potential impacts ortradeoffs of any potential efficiency measure. • Identify cost efficiency opportunities. BERK will identify potential cost efficiency and/or cost effectiveness measures for review and discussion with staff. The measures will consider opportunities to streamline the city's organizational structure, make better use,.of potential economies-of-scale, or reducing costs through the application of technology or changes in levels of-service. In addition, there may be opportunities that are primarily focused on managing cost growth as opposed to reducing the current baseline. • Estimate range of potential cost implications. BERK will estimate a range of potential cast implications of pursuing the each of the efficiency measures identified. The cost implications will be based on both an annual budget perspective and a longer-term outlook (likely 10 years). • Potential impacts and tradeoffs. To understand the implications of pursuing potential cost efficiency measures, it will be important to, identify potential impacts and possible tradeoffs. RA s a ., 13 City of Kent Efficiency Study Proposed Scope and Budget At this stage of the study, the analysis of costs and impacts will be high level assessments designed to provide appropriate context and to better understand the potential costs and benefits of moving forward on any one efficiency measure. It is expected that the options that are carried over to Phase 2 will be more fully analyzed as part of the selection of preferred options and the development of an implementation plan. Task 4. Process and Staff Engagement A key component of this effort will be to ensure that there is.an efficient and transparent process for involving staff and city administration to facilitate information sharing and to ensure that the work is well grounded in the realities of current service delivery challenges. Toward this end, we propose a structured meeting process built around the following: • Executive team. We would propose the creation of an Executive Team comprised on the Mayor, the City Administrator and the Human Resources Director (also assumed to be the city's project manager for this effort) and other staff as necessary. The purpose of this group is to provide overall project direction and provide city policy perspectives throughout the study. We would anticipate meeting 3-5 times over the course of Phase 1. • Technical team. The Technical Team would likely be comprised of the Department heads who can assist with information and data needs and provide input on the technical aspects of the study throughout. It may be desirable to have some or all of the members of the Executive Team to participate in the Technical Team meetings as well. We would anticipate meeting 2-3 times with the Technical Team during Phase 1. Products and Deliverables The following products and deliverables are envisioned as a result of the Phase 1 work program: • Meeting materials. BERK will prepare meeting materials to support discussions at the Executive and Technical team meetings. Materials will general consist of presentation packets highlighting result of analyses and emerging findings and identifying issues for discussion. • Briefing packets and presentations. It is expected that there will be at least one Council briefing and possibly two. As such, BERK would be responsible for developing appropriate briefing materials and/or presentations for these meetings; • Draft Phase 1 Report. The results of these efforts will be documented in a Phase 1 report, which will present key findings and recommendations in a form that will be suitable for policy makers and the other stakeholders. More detailed technical documentation would be included as part of a technical appendix, including as appropriate supporting analyses, methodologies and other relevant materials that support the key findings and recommendations. • Final Phase 1 Report. The final report will reflect comments and input from staff on the draft. Schedule and Budget Estimate We understand that time is of the essence and that the City would like to have the results of this effo t to inform other policy decisions later this year. As such we are prepared to begin as soon as the City provides a notice to proceed and will work with due diligence. Based on an assumed starting date sometime in the week of September 3, 2012, the following are the suggested key milestones for the.Phase 1 study; • Kick off meeting: Week of Sept 3,2012 • Situation Assessment: Sept-Oct(draft findings week of October 8, 2012) • Cost Efficiency Opportunities: October(draft findings week of October 22, 2012) • Council Briefing-on Draft Findings; week of October 29, 2012 • Draft report; week of November 12, 2012 • Final Phase 1 Report: Week of November 26, 2012 4 City of Kent Efficiency Study Proposed Scope and Budget Exhibit 1 summarizes the estimated level-of-effort and budget to accomplish the scope of work described above. We will also invoice for direct reimbursable expenses, including travel, printing,"and telephone costs. . Exhibit X. Estimated Levef-of-Effort and Budget Tasks Estimated Budget :Tastt�l"Da'tencolfe� an U1 i 1.oar a ...�.„�.,,, AwTask 2:Situation Assessment $15,040 fask3ld�ll� ��ttf�G sEffC ec2i�pF°Yt1�r ides rs7s $8r56P Task 4:Process an d Staff Engagement $9,080 a. 'Kty 3Y Sv ' s z g F +S`j, . '1 x A a 'n }tom..m '6'U& HdDel� ..sw'iS � �-3"° k` 3 v;y ,o- .i Subtotal Consultant Cost $43,090 Project Expenses @-2%of project budget $650 Estimated Project Total $43,730 15 EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. . Minimum scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liabilit insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 it 85 or a substitute endorsement providing equivalent coverage. 3. Workers' Combensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's' profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: I. Automobile Liability insurance with a.minimurn combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial General Liabilit insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000general 6 EXHIBIT B (Continued) aggregate and a $1,000,000 products-completed operations aggregate limit. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions ' The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance; ' 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City, 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall.be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Consultant's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Consultant shall furnish the City 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 Contractor before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. " 17 Gaming in Kent Current Situation: (POSITIVES) 1. The City of Dent already allows gambling. Dearly every grocery store, convenience store sells lottery type tickets (totally allowed and supported by the State of Washington). The Golden Steer restaurant, as well as, other restaurants in the City of rent along with nearly every bar and tavern have pull tab opportunities. 2. We already have one gaming casino within the City limits (grand-fathered in with the panther lake annexation). They are well respected by their current business neighbors and have had minimum problems with the Dent Police Dept. 3. Gaming and gambling is a form of self imposed tax. 4. Councilmember Perry and other Council members have been looking for a "sustainable" form of new revenue. Gaming revenue could therefore be dedicated to roads (remember how the Washington Lottery was sold to the public years ago as going to education(!)?) It has been indicated that revenue from The Great American Casino might produce about $3190,000 in the first year alone! (And that's just one casino, what if there were 2 or 3 more?) 5. With the exception of the City of Covington, all the nearby cities allow gaining (Auburn, Renton, 'Tukwila, SeaTac and Federal Way). 6. Strict zoning could alleviate a multitude of gaming businesses from "springing up" all over the city. The City of Tukwila has done this quite effectively. 18 (NEGATIVES) 1, Kent has always been viewed as a very friendly and "Family Oriented" city. 2. Religious groups may Protest further ganging businesses to be located in the city. (Even though ganging and gambling is already in Dent. 3. Certain council members have indicated a strong opposition already to expanding gaming further, either within the Panther Lake area or within the City of Dent. 19 FINANCE R. J. Nachlinger, Director Phone: 253-856-5260 K E N T Fax 253-856-6255 W A s H I N G 1 o N Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: September 18, 2012 TO: Kent City Council Operations Committee FROM: Paula Barry, Assistant Finance Director THROUGH: R.J. Nachlinger, Finance Director SUBJECT: Dissolution of Economic Development Corporation MOTION: I move to recommend Council approve the ordinance dissolving the Kent Economic Development Corporation. SUMMARY: The Economic Development Corporation was established in 1983 for the purpose of facilitating economic development opportunities through the financing of industrial development facilities by the issuance of non-recourse revenue bonds. About 15 companies took advantage of this opportunity, issuing bonds between 1984 and 1990; with one of the original companies refunding their bonds in 2006. All bonds have been paid off as of 2011. With all no outstanding bonds and no interest in the program, it is recommended to dissolve the Economic Development Corporation. Any remaining funds of the Kent Economic Development Corporation will be transferred to the City. BUDGET IMPACT: BACKGROUND: Article 11 of the Bylaws states that the City may by passage of an ordinance dissolve the Kent Economic Development Corporation if there are no funds or property to administer, except for those to be transferred to the City, and if all its outstanding obligations are satisfied. As of 2011, all outstanding obligations have been satisfied. As of July 30, 2012,the Corporation has a fund balance of$16,389. At the time the Corporation is dissolved, 30 days from the passage date,the EDC's remaining fund balance will be transferred to the City of Kent. Kent Council Operations Committee Economic Development Corporation-Dissolution 20 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, dissolving the City of Kent Economic Development Corporation. RECITALS A. On August 1, 1983, Ordinance 2419 created the City of Kent Economic Development Corporation, now codified in Chapter 3.09 of the Kent City Code. B. The Economic Development Corporation was established for the purpose of facilitating economic development and employment opportunities through the financing of industrial development facilities by non-recourse revenue obligations. C. Section 3.09.010 of the Kent City Code, pertaining to the operation of the City of Kent Economic Development Corporation, and Article 11 of the Charter of the City of Kent Economic Development Corporation both provide that the city, by ordinance, may dissolve the corporation if any contracts entered into by the corporation are not impaired, if the corporation has no remaining funds or property to administer, except those funds or properties that will be paid or transferred to the city, and if all of the corporation's outstanding obligations have been satisfied. 1 Dissolution-Economic Dev Corp Ordinance 21 D. In 2011, United Warehouses (the last company with outstanding bonds issued with the assistance of the corporation) was sold and the outstanding revenue bonds were settled by the purchaser who paid the outstanding principal on the bonds. E. The City of Kent Economic Development Corporation has no other outstanding obligations, no funds or properties to administer for the benefit of any party except the city, and no contracts with any other parties that will be impaired by dissolution of the corporation. F. Accordingly, dissolving this public corporation is appropriate. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1, Recitals Incorporated. The foregoing recitals are incorporated into this ordinance. SECTION 2, - Dissolution of Corporation. The City of Kent Economic Development Corporation is hereby dissolved. Any remaining funds or property in the possession of the City of Kent Economic Development Corporation shall be paid or transferred to the city. SECTION 3, - Repealer. Chapter 3.09 of the Kent City Code is repealed in its entirety. SECTION 4, - Corrections by City Clerk or Code Reviser. Upon approval of the city attorney, the city clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, 2 Dissolution-Economic Dev Corp Ordinance 22 codes, rules, or regulations; or ordinance numbering and section/subsection numbering. SECTIONS. - Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage, as provided by law. PASSED by the City Council of the City of Kent, Washington, at a regular open public meeting held this _ day of October, 2012. CITY OF KENT, WASHINGTON Mayor ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRU BAKE R, CITY ATTORNEY PASSED: day of 2012. APPROVED: day of 2012. PUBLISHED: day of 2012. P:\Civil\Ordinance\Economic Development Corpomdon.Docx 3 Dissolution-Economic Dev Corp Ordinance 23 FINANCE R. J. Nachlinger, Director Phone:253-856-5260 K E N T Fax: 253-856-6255 W A s H I N G 1 o N Address: 220 Fourth Avenue S. Kent,WA. 98032-5895 DATE: September 18, 2012 TO: Kent City Council Operations Committee FROM: R. J. Nachlinger, Finance Director THROUGH: John Hodgson, Chief Administrative Officer SUBJECT: Consolidating Budget Adjustment Ordinance for Adjustments Between January 1, 2012 and June 30, 2012 MOTION: I move to recommend Council approve the consolidating budget adjustment ordinance for adjustments made between January 31,2012 and June 30, 2012 reflecting an overall budget increase of$948,333. SUMMARY: Authorization is requested to approve the technical gross budget adjustment ordinance reflecting an overall budget reduction of$948,333 for budget adjustments made between January 31, 2012 and June 30, 2012. Please note that an overall increase of$1,224,170 was previously approved by Council, including the RCO Grant totaling $253,581, Department of Ecology Coordinated Prevention Grant for$125,49land a carryover budget of$232,000 for the purchase of eight Police vehicles. BUDGETIMPACT: BACKGROUND: The remaining amount not yet approved by Council is an overall decrease of $275,837. This reduction is largely due to the reversal of an unfunded Street Project. Kent Council Operations Committee Consolidating Budget Adjustment 24 ORDINANCE NO. AN ORDINANCE of the City Council of the City of Kent, Washington, amending the 2012 budget for adjustments made between January 1, 2012 and June 30, 2012. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. - Budaet Adiustments. The 2012 budget is amended to include budget fund adjustments for the year up to June 30, 2012, as summarized and set forth in Exhibit "A," which is attached and incorporated into this ordinance. SECTION 2. - Severabilitv. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 3. - Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the 1 2012 Budget Adjustment First Half 25 correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4. - Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. SUZETTE COOKE, MAYOR ATTEST: BRENDA JACOBER, CITY CLERK APPROVED AS TO FORM: TOM BRUBAKER, CITY ATTORNEY PASSED: day of 2012. APPROVED: day of 2012. PUBLISHED: day of 2012. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. (SEAL) BRENDA JACOBER, CITY CLERK P:\Civil\Ordinance\BudgetAdjustr ent Hrst Half 2012.docx 2 2012 Budget Adjustment First Half 26 City of Kent Budget Adjustment Ordinance Adjustments January 31, 2012 to June 30, 2012 Exhibit A Tota I Previously Approval Adjustment Fund Title Approved Requested Ordinance 001 General Fund 26,335 26,335 110 Street Fund (9,075) (9,075) 150 Capital Improvement Fund 36,000 36,000 160 Criminal Justice Fund 93,095 217 93,312 170 Environmental Fund 245,623 245,623 180 Housing & Community Development Fund (17,787) (17,787) 190 Other Projects Fund 20,000 20,000 310 Street Capital Projects Fund 122,171 (300,000) (177,829) 410 Water Operating Fund (3,706) (3,706) 440 Sewerage Operating Fund 453,581 (18,122) 435,459 480 Golf Operating Fund (4,307) (4,307) 510 Fleet Services Fund 253,700 (3,525) 250,175 520 Central Services Fund (1,573) (1,573) 540 Facilities Management Fund 55,328 55,328 560 Insurance Funds 378 378 1,224,170 (275,837) 948,333 27 Budget Adjustment Details for Budget Changes January 1, 2012 to June 30, 2012 Approval Date or Previous Expense Fund and Project Explananation Fund Amount 1 General Fund Not previously approved by Council 1 1000 Liability Insurance Adj 33,752 1 1000 Workers Compensation Adj (7,417) Total General Fund 26,335 110 Street Fund Not previously approved by Council 110 1110 Liability Insurance Adj (8,533) 110 1110 Workers Compensation Adj (542) Total Street Fund (9,075) 150 Capital Improvement Fund Previously Approved by Council 150 M00045 ShoWare Cntr Econ Imp Study 04172012 36,000 Total Capital Improvement Fund 36,000 160 Criminal Justice Fund Previously Approved by Council 160 N00812 WA Traffic Safety Grant 11072012 7,500 160 N00074 WASPC Grant 02122012 11,550 160 N00082 WA St Boating Safety Grant 06192012 19,045 160 N00906 WAPTA Grant 11072012 55,000 Not previously approved by Council 160 1600 Liability Insurance Adj (272) 160 1600 Workers Compensation Adj 489 Total Criminal Justice Fund 93,312 170 Environmental Fund Previously Approved by Council 170 M17103 Local Haz Waste Mgmt Grnt 02072012 31,122 170 M17103 Dept of Ecol Coord Prev Grt 02072012 125,491 170 M17103 KC Waste Reduct & Recy Grnt 02072012 89,010 Total Environmental Fund 245,623 180 Housing & Comm Dev Fund Not previously approved by Council 180 B00032 CDBG Final Funding Reduced (17,787) Total Housing & Comm Dev Fund (17,787) 28 Budget Adjustment Details for Budget Changes January 1, 2012 to June 30, 2012 Approval Date or Previous Expense Fund and Project Explananation Fund Amount 190 Other Operating Projects Previously Approved by Council 190 V00078 Pub Health/Seattle/KC Grant 11072012 20,000 Total Other Operating Projects 20,000 310 Street Capital Projects Fund Previously Approved by Council 310 R90070 SEPA Ordinance #2494 SEPA2494 89,594 310 R90093 SEPA Ordinance #2494 SEPA2494 (50,000) 310 R90094 SEPA Ordinance #2494 SEPA2494 54,994 310 R90096 SEPA Ordinance #2494 SEPA2494 27,583 Not previously approved by Council 310 R20308 Reverse 2011 Unfunded Project (300,000) Total Street Capital Projects Fund (177,829) 410 Water Operating Fund Not previously aooroved by Council 410 4100 Liability Insurance Adj (3,578) 410 4100 Workers Compensation Adj (128) Total Water Operating Fund (3,706) 440 Sewerage Operating Fund Previously Approved by Council 440 D00010 Dept of Ecol Stormwater Gnt 04032012 50,000 440 D20074 RCO Grant 02212012 253,581 440 D20019 228th St Imp Drng Dist #1 5172011 50,000 440 D20016 Interlocal w/Drain Dist 1 8022011 100,000 Not previously aooroved by Council 440 4400 Liability Insurance Adj (17,933) 440 4400 Workers Compensation Adj (189) Total Sewerage Operating Fund 435,459 480 Golf Operating Fund Not previously approved by Council 480 4800 Liability Insurance Adj (1,255) 480 4800 Workers Compensation Adj (3,052) Total Golf Operating Fund (4,307) 29 Budget Adjustment Details for Budget Changes January 1, 2012 to June 30, 2012 Approval Date or Previous Expense Fund and Project Explananation Fund Amount 510 Fleet Services Fund Previously Approved by Council 510 5100 Carryover 2011 Equip Budget Ord 3984 232,000 510 5100 Carryover 2011 Equip Budget Ord 3984 21,700 Not previously approved by Council 510 5100 Liability Insurance Adj (3,489) 510 5100 Workers Compensation Adj (36) Total Fleet Services Fund 250,175 520 Central Services Fund Not previously approved by Council 520 5200 Liability Insurance Adj (434) 520 5200 Workers Compensation Adj (1,139) Total Central Services Fund (1,573) 540 Facilities Management Fund Not previously aooroved by Council 540 5400 Liability Insurance Adj 1,029 540 5400 Workers Compensation Adj 13,799 540 5400 Vehicle for HVAC Mechanic 40,500 Total Facilities Management Fund 55,328 560 Insurance Funds Not previously aooroved by Council 560 5610 Workers Compensation Adj 378 Total Insurance Funds 378 Grand Total 948,333