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HomeMy WebLinkAboutCity Council Committees - Operations Committee - 05/03/2016 (2) Unless otherwise noted, the Operations Committee meets at 4 p.m. on the first and third Tuesday of each month in Kent City Hall, Council Chambers East, 220 4th Ave S, Kent, 98032. For additional information please contact Jennifer Hays at 253-856-5700. Any person requiring a disability accommodation should contact the City Clerk’s Office at 253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay Service at 1-800-833-6388. Operations Committee Agenda Councilmembers: Bill Boyce – Les Thomas – Dana Ralph, Chair May 3, 2016 4 p.m. Item Description Action Speaker Time Page 1. Call to order Chair Ralph 1 2. Roll Call Chair Ralph 1 3. Changes to the Agenda Chair Ralph 1 4. Approval of Check Summary Report dated 4/1/2016 thru 4/15/2016 YES Chair Ralph 2 5. Approval of Meeting Minutes Dated April 19, 2016 YES Chair Ralph 2 1 6. ICMA-RC Three-year Administrative Services Agreement - Recommend YES Becky Fowler 5 5 7. March Financial Report – Information Only NO Aaron BeMiller 5 19 8. Director’s Report – Information Only NO Aaron BeMiller 5 35 9. Real Property Surplus Policy – Information Only NO Derek Matheson 30 37 This page intentionally left blank OPERATIONS COMMITTEE MINUTES April 19, 2016 Committee Members Present: Les Thomas; Bill Boyce; Dana Ralph, Chair The meeting was called to order by Dana Ralph at 4:00 p.m. 1. ROLL CALL. 2. CHANGES TO THE AGENDA. There were no changes to the agenda. 3. APPROVAL OF THE CHECK SUMMARY REPORT DATED 3/16/2016 THRU 3/31/2016. B. Boyce moved to approve the check summary report dated 3/16/16 through 3/31/16. L. Thomas seconded the motion, which passed 3-0. 4. APPROVAL OF MINUTES DATED APRIL 5, 2016. L. Thomas moved to approve the Operations Committee minutes dated April 5, 2016. B. Boyce seconded the motion, which passed 3-0. 5. DRUG FORFEITURE FUNDS – AMEND BUDGET AND AUTHORIZE EXPENDITURE - RECOMMEND. Police Chief Ken Thomas revisited this request that was previously tabled during the April 5 Committee meeting to answer any remaining questions members may have. A detailed presentation was provided at the April 12 Public Safety Committee meeting and is attached to the April 19 Committee agenda packet. As a key part of Suburban King County Coordinating Council on Gangs (SKCCCG) work, Youth LINC (Leadership, Intervention and Change) delivers direct service through a multidisciplinary intervention. Seed money from the City, in the amount of $175,000, will be used to replicate Youth LINC to provide coordinated services to youth and families in the Kent community. The $175,000 estimated breakdown of expenditures are:  Program Staff/Supervision (Center for Children and Youth Justices) - $74,000  Administrative costs - $1,000  Youth LINC Team Operation and Supplies - $6,000  Program Evaluation - $15,000  Youth LINC Client Support Funds (individual/family needs, employment program placement) - $19,000  Street Outreach Services (Alive and Free) - $30,000  Community Program Contract(s) - $30,000 1 Operations Committee Minutes April 19, 2016 Page: 2 B. Boyce moved to recommend Council amend the budget and authorize the Mayor to issue funds, in the total amount of $175,000, to the Suburban King County Coordinating Council on Gangs, in support of Youth LINC and grants to community- based organizations serving youth in Kent, payable from funds seized and forfeited to the Kent Police Department under the state’s drug forfeiture statutes; and authorize the Mayor to sign all necessary documents, subject to final terms and conditions acceptable to the Police Chief and City Attorney. L. Thomas seconded the motion, which passed 3-0. 6. BUSINESS STRATEGY AND PERFORMANCE ANALYST POSITION - RECOMMEND. Human Resources Director Marty Fisher requested a new position that will lead, direct, plan, and organize the City's performance measurement and Lean business process improvement programs with significant impact to the City and its citizens. The incumbent will also provide guidance, analysis and recommendations for developing key performance indicators, using data and evidence to inform decision-making that supports the achievement of the City’s Strategic Plan. This position will report to Mr. Fisher, is non-represented, and will have a salary grade 41 (minimum $73,920; maximum $90,084). The only other regional city to have a similar position is the City of Bellevue. L. Thomas moved to recommend council authorize the Mayor to add a new position titled “Business Strategy and Performance Analyst”. B. Boyce seconded the motion, which passed 3-0. 7. CONSOLIDATING BUDGET ADJUSTMENT ORDINANCE FOR ADJUSTMENTS BETWEEN JANUARY 1, 2016 AND MARCH 31, 2016 - RECOMMEND. Finance Deputy Director Barbara Lopez requested authorization to approve the technical gross budget adjustment ordinance reflecting an overall budget increase of $10,767,337. From that amount, adjustments totaling $9,149,577 have already been approved by Council. The remaining amount not yet approved by Council is an overall increase of $1,617,760, are funded by grants, existing fund balance, or other new revenues. The remaining amounts include:  $664,125 to establish an annual operating budget for the School Zone Camera ($488,000), Sex Trafficking ($39,700) and Traffic School ($135,925) programs in the Criminal Justice Fund  $500,000 to add funds to the Strategic Land Account for acquisition of strategic property parcels  $175,635 for Parks contribution to the Regional Trails Connector project  $110,000 for an accounting change for payments made for the Sound Transit parking garage  $168,000 towards phase two of the Facilities space/efficiency study. 2 Operations Committee Minutes April 19, 2016 Page: 3 B. Boyce moved to recommend council approve the consolidating budget adjustment ordinance for adjustments made between January 1, 2016 and March 31, 2016 reflecting an overall budget increase of $10,767,337 . L. Thomas seconded the motion, which passed 3-0. 8. QUARTERLY PROCUREMENT REPORT. Chief Administrative Officer Derek Matheson supplied information to members from the first quarter 2016 procurement report that fall below the Mayor’s signature authority, specifically all contracts/agreements over $25,000 and below $65,000 that include all leases/agreements that convey an interest in real property. A request was made to have a rolling report of quarters with the most current report being reported at the top. The meeting was adjourned at 4:24 p.m. by D. Ralph. J. Hays Jennifer Hays Operations Committee Secretary 3 This page intentionally left blank 4 BENEFITS DIVISION Becky Fowler Manager 400 West Gowe Kent, WA 98032 Fax: 253-856-6270 OFFICE: 253-856-5290 City of Kent Human Resources Department Marty Fisher, Human Resources Director May 3, 2016 TO: Operations Committee FROM: Becky Fowler, Benefits Manager SUBJECT: ICMA-RC Three-year Administrative Services Agreement - Recommend Motion: Recommend the Council authorize the Mayor to sign the ICMA-RC Deferred Compensation Program Administrative Services Agreement, which is amended to include a three year contract term and includes recordkeeping revenue of 0.08 percent and investment advisory fee for the VT Plus Fund of 0.21 percent, subject to final terms and conditions acceptable to the Human Resource Director and City Attorney. SUMMARY: This Amendment of the ICMA Plan Administrative Services Agreement is for a term of three years beginning on June 1, 2016. The plan expenses are paid by the employees who contribute funds into the ICMA-RC Deferred Compensation Program. BACKGROUND: The City contracts with ICMA as the sole third party administrator for the City’s deferred compensation (457) program. ICMA has been the City’s deferred compensation provider for over 20 years. The deferred compensation program allows employees to save and invest today for their retirement. Federal income taxes are deferred until the assets are withdrawn, usually during retirement when an employee may be in a lower tax bracket. Under Section 457 of the Internal Revenue Code, an employee may defer for 2016 a maximum of $18,000 through payroll deduction. Employees reduce their current income taxes while boosting retirement investments. Earnings accumulate tax-deferred and if the employee retires or leaves service early, there is no penalty for withdrawals. Exhibits: ICMA Administrative Services Agreement Budget Impact: None 5 ADMINISTRATIVE SERVICES AGREEMENT Between ICMA Retirement Corporation and City of Kent Type: 457 Account #: 301655 6 ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement (“Agreement”), made as of the 1st day of June, 2016 (herein referred to as the “Inception Date”), between the International City Management Association Retirement Corporation (“ICMA-RC”), a nonprofit corporation organized and existing under the laws of the State of Delaware, and the City of Kent (“Employer”), a City organized and existing under the laws of the State of Washington with an office at 220 4th Avenue South, 4th floor, Kent, Washington 98032-5838. RECITALS Employer acts as public plan sponsor of a retirement plan (“Plan”), and in that capacity, has responsibility to obtain administrative services and investment alternatives for the Plan; VantageTrust is a group trust established and maintained in accordance with New Hampshire Revised Statutes Annotated section 391:1 and Internal Revenue Service Revenue Ruling 81-100, 1981-1 C.B. 326, which provides for the commingled investment of retirement funds held by various state and local governmental units for their employees; ICMA-RC acts as investment adviser to VantageTrust Company, LLC, the Trustee of VantageTrust; ICMA-RC has designed, and VantageTrust offers, a series of separate funds (the “Funds”) for the investment of plan assets as referenced in VantageTrust’s principal disclosure document, “Making Sound Investment Decisions: A Retirement Investment Guide” and the accompanying VantageTrust Fund Fees and Expenses document (“Retirement Investment Guide”); The Funds are available only to public employers and only through VantageTrust and ICMA-RC; and In addition to serving as investment adviser to VantageTrust, ICMA-RC provides a range of services to public employers for the operation of employee retirement plans including, but not limited to, communications concerning investment alternatives, account maintenance, account recordkeeping, investment and tax reporting, transaction processing, benefit disbursement, and asset management. 7 AGREEMENTS 1. Appointment of ICMA-RC Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all nondiscretionary functions necessary for the administration of the Plan. The functions to be performed by ICMA-RC shall be those set forth in Exhibit A to this Agreement. 2. Adoption of Trust Employer has adopted the Declaration of Trust of VantageTrust Company and agrees to the commingled investment of assets of the Plan within VantageTrust. Employer agrees that the investment, management, and distribution of amounts deposited in VantageTrust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set forth in disclosure documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions may be adjusted from time to time. 3. Exclusivity Agreement Employer agrees that for the initial or succeeding term of this Agreement specified in Section 10, so long as ICMA-RC continues to perform in all material respects the services to be performed by it under this Agreement, Employer shall not obtain plan administration from anyone other than ICMA-RC. Employer acknowledges that ICMA- RC has agreed to the compensation to be paid to ICMA-RC under this Agreement in the expectation that ICMA-RC will be able to offset costs allocable to performing this Agreement with revenues arising from Employer's exclusive use of ICMA-RC at the rates provided herein throughout the initial or succeeding term. 4. Employer Duty to Furnish Information Employer agrees to furnish to ICMA-RC on a timely basis such information as is necessary for ICMA-RC to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual participant accounts to Funds in VantageTrust, and information as to the employment status of participants, and participant ages, addresses, and other identifying information (including tax identification numbers). Employer also agrees that it will notify ICMA-RC in a timely manner regarding changes in staff as it relates to various roles. This is to be completed through the online EZLink employer contact options. ICMA-RC shall be entitled to rely upon the accuracy of any information that is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and ICMA-RC shall not be responsible for any error arising from its reliance on such information. ICMA-RC will provide reports, statements and account information to the Employer through EZLink, the online plan administrative tool. 8 Employer is required to send in contributions through EZLink, the online plan administration tool provided by ICMA-RC. Alternative electronic methods may be allowed, but must be approved by ICMA-RC for use. Contributions may not be sent through paper submittal documents. To the extent Employer selects third-party funds that do not have fund profile information provided to ICMA-RC through our electronic data feeds from external sources (such as Morningstar) or third party fund providers, the Employer is responsible for providing to ICMA-RC timely fund investment updates for disclosure to Plan participants. Such updates may be provided to ICMA-RC through the Employer’s investment consultant or other designated representative. Failure to provide timely fund profile update information, including the source of the information, may result in a lack of fund information for participants, as ICMA-RC will remove outdated fund profile information from the systems that provide fund information to Plan participants. 5. Certain Representations and Warranties ICMA-RC represents and warrants to Employer that: (a) ICMA-RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of ICMA-RC to serve as investment adviser to VantageTrust is dependent upon the continued willingness of VantageTrust for ICMA-RC to serve in that capacity. (b) ICMA-RC is an investment adviser registered as such with the U.S. Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. (c) ICMA-RC shall maintain and administer the Plan in accordance with the requirements for eligible deferred compensation plans under Section 457 of the Internal Revenue Code and other applicable federal law; provided, however, that ICMA-RC shall not be responsible for the eligible status of the Plan in the event that the Employer directs ICMA-RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 457 or otherwise causes the Plan not to be carried out in accordance with its terms. Further, in the event that the Employer uses its own customized plan document, ICMA-RC shall not be responsible for the eligible status of the Plan to the extent affected by terms in the Employer’s plan document that differ from those in ICMA-RC’s standard plan document. ICMA-RC shall not be responsible for monitoring state or local law or for administering the Plan in compliance with local or state requirements unless Employer notifies ICMA-RC of any such local or state requirements. 9 Employer represents and warrants to ICMA-RC that: (d) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution, delivery, and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. (e) Employer understands and agrees that ICMA-RC’s sole function under this Agreement is to act as recordkeeper and to provide administrative, investment or other services at the direction of Plan participants, the Employer, its agents or designees in accordance with the terms of this Agreement. Under the terms of this Agreement, ICMA-RC does not render investment advice, is not the Plan Administrator or Plan Sponsor as those terms are defined under applicable federal, state, or local law, and does not provide legal, tax or accounting advice with respect to the creation, adoption or operation of the Plan and its related trust. ICMA-RC does not perform any service under this Agreement that might cause ICMA-RC to be treated as a “fiduciary” of the Plan under applicable law, except, and only, to the extent that ICMA-RC provides investment advisory services to individual participants enrolled in Guided Pathways. (f) Employer acknowledges and agrees that ICMA-RC does not assume any responsibility with respect to the selection or retention of the Plan’s investment options. Employer shall have exclusive responsibility for the Plan’s investment options, including the selection of the applicable mutual fund share class. Where applicable, Employer understands that the VT Retirement Income Advantage Fund is an investment option for the Plan and that the fund invests in a separate account available through a group variable annuity contract. By entering into this Agreement, Employer acknowledges that it has received the Important Considerations document and the Retirement Investment Guide and that it has read the information therein concerning the VT Retirement Income Advantage Fund. (g) Employer acknowledges that certain such services to be performed by ICMA-RC under this Agreement may be performed by an affiliate or agent of ICMA-RC pursuant to one or more other contractual arrangements or relationships, and that ICMA-RC reserves the right to change vendors with which it has contracted to provide services in connection with this Agreement without prior notice to Employer. (h) Employer acknowledges that it has received ICMA-RC’s Fee Disclosure Statement, prepared in substantial conformance with ERISA regulations regarding the disclosure of fees to plan sponsors. 10 (i) Employer approves the use of its Plan in ICMA-RC external media, publications and materials. Examples include press releases announcements and inclusion of the general plan information in request for proposal responses. 6. Participation in Certain Proceedings The Employer hereby authorizes ICMA-RC to act as agent, to appear on its behalf, and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to the divorce or separation of participants in the Plan. Unless Employer notifies ICMA-RC otherwise, Employer consents to the disbursement by ICMA-RC of benefits that have been garnished or transferred to a former spouse, current spouse, or child pursuant to a domestic relations order or child support order. 7. Compensation and Payment (a) ICMA-RC’s compensation under this Agreement shall be as set forth in subsection (b) below. (b) Revenue Requirement. ICMA-RC shall receive total annual aggregate recordkeeping revenue of 0.08% from investment options offered by the Plan. ICMA-RC shall provide an administrative allowance quarterly to the Employer or to the Plan in an amount equal to any revenue in excess of the revenue requirement. In the event that recordkeeping revenue received by ICMA-RC from investment options offered by the Plan falls below the revenue requirement, ICMA-RC and the Employer shall mutually agree upon a method to make up the shortfall necessary to meet the revenue requirement. Employer understands that the Plan administrative allowance is to be used only to pay for reasonable plan administrative expenses of the Plan or allocated to Plan participants at the instruction of the Employer. (c) Compensation for Management Services to VantageTrust, Compensation for Advisory and other Services to The Vantagepoint Funds and Payments from Third-Party Mutual Funds. Employer acknowledges that, in addition to amounts payable under this Agreement, ICMA-RC receives fees from VantageTrust for investment advisory services and plan and participant services furnished to VantageTrust. (The investment advisory fee for the VT PLUS Fund shall be 0.21% (21 basis points) of the daily balance of the Plan assets invested in the PLUS Fund. This fee is inclusive of a 0.01% Trust operating expense fee.) Employer further acknowledges that certain wholly owned subsidiaries of ICMA-RC receive compensation for advisory and other services furnished to The Vantagepoint Funds, which serve as the underlying portfolios of a number of Funds offered through VantageTrust. For a VantageTrust Fund that 11 invests substantially all of its assets in a third-party mutual fund not affiliated with ICMA-RC, ICMA-RC or its wholly owned subsidiary receives payments from the third-party mutual fund families or their service providers in the form of 12b-1 fees, service fees, compensation for sub-accounting and other services provided based on assets in the underlying third-party mutual fund. These fees are described in the Retirement Investment Guide and ICMA-RC’s fee disclosure statement. In addition, to the extent that third party mutual funds are included in the investment line-up for the Plan, ICMA-RC receives administrative fees from its third party mutual fund settlement and clearing agent for providing administrative and other services based on assets invested in third party mutual funds; such administrative fees come from payments made by third party mutual funds to the settlement and clearing agent. (d) Redemption Fees. Redemption fees imposed by outside mutual funds in which Plan assets are invested are collected and paid to the mutual fund by ICMA-RC. ICMA-RC remits 100% of redemption fees back to the specific mutual fund to which redemption fees apply. These redemption fees and the individual mutual fund’s policy with respect to redemption fees are specified in the prospectus for the individual mutual fund and referenced in the Retirement Investment Guide. (e) Payment Procedures. All payments to ICMA-RC pursuant to this Section 7 shall be made from Plan assets held by VantageTrust or received from third-party mutual funds or their service providers in connection with Plan assets invested in such third-party mutual funds, to the extent not paid by the Employer. The amount of Plan assets administered by ICMA-RC shall be adjusted as required to reflect any such payments as are made from the Plan. In the event that the Employer agrees to pay amounts owed pursuant to this Section 7 directly, any amounts unpaid and outstanding after 30 days of invoice to the Employer shall be withdrawn from Plan assets. The compensation in this Section 7 will take effect on June 1, 2016, contingent upon receipt of a fully executed agreement before June 30, 2016. The compensation and payment set forth in this Section 7 is contingent upon the Employer’s use of ICMA-RC’s EZLink system for contribution processing and submitting contribution funds by ACH or wire transfer on a consistent basis over the term of this Agreement. Employer further acknowledges and agrees that compensation and payment under this Agreement shall be subject to re-negotiation in the event that the Employer chooses to implement additional funds not on ICMA-RC’s mutual fund platform. 12 8. Contribution Remittance Employer understands that amounts invested through VantageTrust are to be remitted directly to VantageTrust in accordance with instructions provided to Employer by ICMA- RC and are not to be remitted to ICMA-RC. In the event that any check or wire transfer is incorrectly labeled or transferred to ICMA-RC, ICMA-RC may return it to Employer with proper instructions. 9. Indemnification ICMA-RC will not be responsible for any acts or omissions of any person, other than the acts or omissions of ICMA-RC or VantageTrust or their respective officers, employees, agents, or assigns, in connection with the administration or operation of the Plan or its related trust, including Vantage Trust. Employer shall indemnify ICMA-RC against, and hold ICMA-RC harmless from, any and all loss, damage, penalty, liability, cost, and expense, including without limitation, reasonable attorney’s fees, that may be incurred by, imposed upon, or asserted against ICMA-RC by reason of any claim, regulatory proceeding, or litigation arising from any act done or omitted to be done by any individual or person within Employer’s control with respect to the Plan or its related trust, excepting only any and all loss, damage, penalty, liability, cost or expense resulting from the negligence, bad faith, or willful misconduct of ICMA-RC or VantageTrust and their respective officers, employees, agents, and assigns. 10. Term The term of this Agreement will commence on the Inception Date and extend three (3) years from that date. This Agreement will be renewed automatically for each succeeding year unless written notice of termination is provided by either party to the other no less than 60 days before the end of such Agreement year. The Employer understands and agrees that, in the event the Employer terminates this Agreement (or replaces the VT PLUS Fund as an investment option in its investment line-up), ICMA-RC retains full discretion to release Plan assets invested in the VT PLUS Fund in an orderly manner over a period of up to 12 months from the date ICMA-RC receives written notification from the Employer that it has made a final and binding selection of a replacement for ICMA- RC as administrator of the Plan (or a replacement investment option for the VT PLUS Fund). 11. Amendments and Adjustments (a) This Agreement may be amended by written instrument signed by the parties. (b) ICMA-RC may amend this agreement by providing 60 days’ advance written notice to the Employer prior to the effective date of such proposed amendment. Such amendment shall become effective unless, within the 60-day notice period, the Employer notifies ICMA-RC in writing that it objects to such amendment. This provision shall not apply to any of the material terms of this Agreement. Material terms include, but are not limited to, the term of the Agreement, the 13 substantive portions of the Compensation expressed in Section 7, and the general scope of services. (c) The parties agree that enhancements may be made to administrative and operations services under this Agreement. The Employer will be notified of enhancements through the Employer Bulletin, quarterly statements, electronic messages or special mailings. Likewise, if there are any reductions in fees, these will be announced through the Employer Bulletin, quarterly statement, electronic messages or special mailing. 12. Notices All notices required to be delivered under this Agreement shall be in writing and shall be delivered, mailed, e-mailed or faxed to the location of the relevant party set forth below or to such other address or to the attention of such other persons as such party may hereafter specify by notice to the other party. ICMA-RC: Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.C., 20002-4240 Facsimile; (202) 962-4601 Employer: at the office set forth in the first paragraph hereof, or to any other address, facsimile number or e-mail address designated by the Employer to receive the same by written notice similarly given. Each such notice, request or other communication shall be effective: (i) if given by facsimile, when transmitted to the applicable facsimile number and there is appropriate confirmation of receipt; (ii) if given by mail or e-mail, upon transmission to the designated address with no indication that such address is invalid or incorrect; or (iii) if given by any other means, when actually delivered at the aforesaid address. 13. Complete Agreement This Agreement including Exhibit A and Exhibit B shall constitute the complete and full understanding and sole agreement between ICMA-RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. This Agreement supersedes all written and oral agreements, communications or negotiations among the parties. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 14. Titles The headings of Sections of this Agreement and the headings for each of the attached schedules are for convenience only and do not define or limit the contents thereof. 14 15. Incorporation of Schedules All Schedules (and any subsequent amendments thereto), attached hereto, and referenced herein, are hereby incorporated within this Agreement as if set forth fully herein. 16. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Washington applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. With the exception of the attorney fee obligations in Section 9 of this agreement, each party will be responsible for the payment of all its own attorney fees and legal costs, incurred by reason of any claim, regulatory proceeding, or litigation arising from or connected with this agreement. In Witness Whereof, the parties hereto certify that they have read and understand this Agreement and all Schedules attached hereto and have caused this Agreement to be executed by their duly authorized officers as of the Inception Date first above written. CITY OF KENT By _____________________________ Signature/Date By _____________________________ Name and Title (Please Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION By _____________________________ Erica McFarquhar Assistant Secretary Please return fully executed contract to: New Business Services ICMA-RC 777 North Capitol Street NE Suite 600 Washington DC 20002-4240 15 Exhibit A Administrative Services The administrative services to be performed by ICMA-RC under this Agreement shall be as follows: (a) Participant enrollment services, including providing a welcome package and enrollment kit containing instructions and notices necessary to implement the Plan’s administration. Employees will enroll online through the City of Kent’s Employee Self Service (ESS) system. Employer can also enroll employees through EZLink. (b) Establishment of participant accounts for each employee participating in the Plan for whom ICMA-RC receives appropriate enrollment instructions. ICMA-RC is not responsible for determining if such Plan participants are eligible under the terms of the Plan. (c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment funds offered under the Plan. (d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits. (e) Maintenance of records for all participants for whom participant accounts have been established. These files shall include enrollment instructions (provided to ICMA-RC through Account Access or EZLink), beneficiary designation instructions and all other and documents concerning each participant's account. (f) Provision of periodic reports to the Employer through EZLink. Participants will have access to account information through Investor Services, Voice Response System, Account Access and through quarterly statements that can be delivered electronically through Account Access or by postal service. (g) Communication to participants of information regarding their rights and elections under the Plan. (h) Making available Investor Services Representatives through a toll-free telephone number from 8:30 a.m. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities markets or ICMA-RC are closed for business (including emergency closings), to assist participants. (i) Making available access to ICMA-RC’s web site, to allow participants to access certain account information and initiate plan transactions at any time. Account access is normally available 24 hours a day, seven days a week except during scheduled maintenance periods designed to 16 ensure high-quality performance. The scheduled maintenance window is outlined at https://harper1.icmarc.org/login.jsp (j) Distribution of benefits as agent for the Employer in accordance with terms of the Plan. Participants who have separated from service can request distributions through Account Access or via form. (k) Upon approval by the Employer that a domestic relations order is an acceptable qualified domestic relations order under the terms of the Plan, ICMA-RC will establish a separate account record for the alternate payee and provide for the investment and distribution of assets held there under. (l) Loans may be made available on the terms specified in the Loan Guidelines, if loans are adopted by the Employer. Participants can request loans through Investor Services or Account Access. (m) Guided Pathways – Participant Advice and Guidance may be made available through a third party vendor on the terms specified on ICMA- RC’s website. (n) ICMA-RC will determine appropriate delivery method (electronic and/or print) for plan sponsor/participant communications and education based on a number of factors (audience, effectiveness, etc.). 17 Exhibit B City of Kent Performance Standards On Site Service I. ICMA-RC will staff one local Retirement Plans Specialist and an additional Retirement Plans Specialist, as needed, who will be supported by the Regional Director. ICMA-RC will also provide the services of a salaried Certified Financial Planner professional. ICMA-RC agrees to offer annually: • A minimum of 8 education workshops (minimum) • 4 one hour financial planning seminar and 4 days of individual meetings (minimum) • Up to 360 ½ hour individual counseling sessions II. Each local representative assigned to the City’s account will hold a minimum of their FINRA Series 6/63 designations. III. ICMA-RC will conduct the stated number of contractual onsite individual and group enrollment/education meetings for employees beginning on the effective date of this Agreement. IV. The Employer may adjust these numbers as appropriate but any increase in minimum amounts required must be mutually agreed upon by the Employer and ICMA-RC. Reports I. ICMA-RC agrees to provide the Employer the following reports: Employer statement of account Quarterly** Activity Reports Daily** Summary by Investment Daily** Web Activity Monthly** Automated Telephone Transactions Annual Comprehensive Plan and Fund Review Annual Revenue Accounting Report Quarterly ** These reports are available through EZLink, the Employer on-line tool II. ICMA-RC will provide reports each year detailing all education and communication activity including the number of group and individual sessions conducted during the year, and the number of participants attending sessions on each educational topic. Distributions I. ICMA-RC will assist the participant in preparing the necessary forms to select his/her distribution option. This would also include those distributions covered in the Plan’s deminimus provisions and those distributions covered by law. II. Requests for immediate lump sum payment received in good order by 4:00 Eastern Time are paid within two business days if all plan waiting periods have been met and all documentation is in good order. III. ICMA-RC agrees to provide Plan participants anticipating retirement or other separation from service with illustrations indicating monthly benefit payments at an assumed interest rate for savings accounts or an assumed rate of earnings for mutual fund investments. Such assumed interest rate or rate of earnings shall be for illustration purposes only. The actual interest rate/yield paid on savings products during distribution may change quarterly. For variable investment options, earnings will be those actually earned. 18 Kent Council Operations Committee Consolidating Budget Adjustment FINANCE Aaron BeMiller, Director Phone: 253-856-5260 Fax: 253-856-6255 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 3, 2016 TO: Operations Committee FROM: Aaron BeMiller, Finance Director SUBJECT: March Financial Report – Information Only MOTION: Information only SUMMARY: The Finance Director will report out the March 2016 financial report. BUDGET IMPACT: BACKGROUND: 19 2016 Budget 2016 YTD 2016 Est Actual Variance Favorable (Unfavorable) %Variance Favorable (Unfavorable) Revenues 87,662,060 16,513,349 89,188,920 1,526,860 1.7% Expenditures 87,877,880 17,914,642 87,694,730 183,150 0.2% Net Revenues Less Expenditures (215,820) (1,401,294) 1,494,190 1,710,010 Beginning Fund Balance 15,372,499 15,372,499 15,372,499 Ending Fund Balance 15,156,679 13,971,205 16,866,689 Ending Fund Balance Detail: General Fund Reserves 12,314,069 13,786,089 14.0%15.7% Contingency for Unanticipated Costs 1,500,000 1,500,000 Strategic Opportunities Fund 425,000 425,000 Restricted for Annexation 917,610 1,155,600 Revenue Overview Expenditures Overview March 2016 Monthly Financial Report City of Kent, Washington General Fund Overview Summary Analysis through March show both revenues and expenditures ending the year favorable compared to budget, creating an overall favorable variance amount of $1.7m. The current estimated ending fund balance reserves for 2016 calculates to 15.7% of estimated 2016 expenses. Revenues are estimated to end the year at $1.5m or 1.7% higher than budgeted. Most of the City's major revenue sources show favorable variances compared to budget, including sales tax ($433k), B&O tax ($538k), licenses and permits ($465k). This is offset by unfavorable variances compared to budget for other taxes ($208k) and fines and forfeitures ($155k). Through March, all departments, except Police, are remaining fairly close to budget. Police is currently showing an unfavorable variance of $317k due to wage increases in the bargaining agreement with KPOA. Staff is preparing a budget change to bring the 2016 budget in line with the agreement. 20 Revenue Categories 2016 Budget 2016 YTD 2016 Est Actual Variance Favorable (Unfavorable) %Variance Favorable (Unfavorable) Taxes: Property 22,210,230 917,534 22,299,500 89,270 0.4% Sales Tax 18,633,990 5,005,488 19,067,400 433,410 2.3% Utility 18,140,150 5,407,093 18,208,000 67,850 0.4% Business and Occupation Tax 6,500,000 158,528 7,038,530 538,530 8.3% Other 1,100,100 9,725 891,900 (208,200) -18.9% Licenses and Permits 5,139,120 1,274,891 5,604,600 465,480 9.1% Intergovernmental Revenue 7,419,970 1,889,865 7,584,700 164,730 2.2% Charges for Services 4,627,290 1,124,898 4,563,500 (63,790)-1.4% Fines and Forfeitures 1,565,970 349,211 1,410,800 (155,170)-9.9% Miscellaneous Revenue 1,393,650 376,114 1,588,400 194,750 14.0% Transfers In 931,590 - 931,590 - Total Revenues 87,662,060 16,513,349 89,188,920 1,526,860 1.7% Variance Notes March 2016 Monthly Financial Report City of Kent, Washington General Fund Overview - Revenues Other Taxes: Estimated reduction of $200,000 due to the closure of a casino in the first quarter of 2015. The 2016 budget was not updated to reflect the closure. Fines and Forfeitures: Civil penalties currently coming in under budget by $130,000. Variance analysis for revenues is provided for particular line items or those in which the estimated actual amount differs from the budgeted amount by at least 10% or minimum of $500,000. Miscellaneous Revenue: Continues a steady positive trend again this year, largely due to interest on investments. Year-end projection is expected to exceed budget by $195,000, which equates to 14.0%. 21 Prior Year Revenues Budgeted Revenues Actual Revenues January 5,234 4,899 4,829 February 4,537 5,263 5,138 March 6,375 7,118 6,546 April 15,434 14,001 0 May 6,025 6,815 0 June 5,793 6,138 0 July 6,619 5,508 0 August 4,702 4,683 0 September 6,462 6,411 0 October 15,775 14,340 0 November 5,636 5,753 0 December 8,678 6,731 0 Total 91,270 87,662 16,513 Prior Year Revenues Budgeted Revenues Actual Revenues January 0 0 0 February 167 173 199 March 718 678 719 April 8,857 8,468 0 May 1,667 2,163 0 June 110 125 0 July 25 36 0 August 87 94 0 September 573 483 0 October 8,564 8,452 0 November 1,084 1,362 0 December 164 177 0 Total 22,016 22,210 918 Prior Year Revenues Budgeted Revenues Actual Revenues January 1,435 1,429 1,461 February 1,817 1,867 2,026 March 1,414 1,347 1,519 April 1,408 1,335 0 May 1,493 1,539 0 June 1,333 1,363 0 July 1,456 1,542 0 August 1,681 1,674 0 September 1,605 1,581 0 October 1,478 1,553 0 November 1,718 1,696 0 December 1,745 1,708 0 Total 18,583 18,634 5,005 March 2016 Monthly Financial Report City of Kent, Washington General Fund Revenues ($ in Thousands) All Revenues Sources Property Tax Sales Tax $0 $10,000 $20,000 $30,000 $40,000 $50,000 $60,000 $70,000 $80,000 $90,000 $100,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 16 Bud 15 Act 16 Act $0 $5,000 $10,000 $15,000 $20,000 $25,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 16 Bud 15 Act 16 Act $0 $5,000 $10,000 $15,000 $20,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 16 Bud 15 Act 16 Act 22 March 2016 Monthly Financial Report City of Kent, Washington General Fund Revenues ($ in Thousands) Prior Year Revenues Budgeted Revenues Actual Revenues January 2,343 1,978 2,115 February 1,578 1,533 1,708 March 1,560 1,495 1,584 April 1,909 1,825 0 May 1,459 1,378 0 June 1,393 1,308 0 July 1,886 1,691 0 August 1,513 1,283 0 September 1,518 1,473 0 October 1,834 1,484 0 November 1,451 1,314 0 December 1,264 1,379 0 Total 19,709 18,140 5,407 Prior Year Revenues Budgeted Revenues Actual Revenues January 11 7 1 February 18 52 2 March 103 148 165 April 1,784 1,704 0 May 77 245 0 June 52 121 0 July 1,790 1,339 0 August 115 200 0 September 77 102 0 October 1,893 1,326 0 November 254 283 0 December 2,505 2,072 0 Total 8,680 7,600 168 Prior Year Revenues Budgeted Revenues Actual Revenues January 1,444 1,387 1,252 February 957 921 1,203 March 2,579 2,631 2,559 April 1,477 1,292 0 May 1,329 1,381 0 June 2,905 2,989 0 July 1,461 1,408 0 August 1,305 1,319 0 September 2,690 2,678 0 October 2,006 1,597 0 November 1,129 1,000 0 December 3,000 2,474 0 Total 22,283 21,078 5,015 Utility Tax Other Taxes Other Revenues (Intergovernmental, Licenses & Permits, Charges for Service, Fines & Forfeits, and Misc Revenues) $0 $5,000 $10,000 $15,000 $20,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov 16 Bud 15 Act 16 Act $0 $2,000 $4,000 $6,000 $8,000 $10,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 16 Bud 15 Act 16 Act $0 $5,000 $10,000 $15,000 $20,000 $25,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 16 Bud 15 Act 16 Act 23 Department 2016 Budget 2016 YTD 2016 Est Actual Variance Favorable (Unfavorable) %Variance Favorable (Unfavorable) City Council 351,780 78,811 335,222 16,558 4.7% Mayor's Office/City Clerk 2,415,270 658,311 2,362,700 52,570 2.2% Economic & Community Dev 6,026,570 1,301,345 5,855,700 170,870 2.8% Finance 2,644,570 602,523 2,633,500 11,070 0.4% Fire Contracted Services 3,537,380 717,631 3,487,200 50,180 1.4% Human Resources 2,027,840 385,873 1,883,400 144,440 7.1% Information Technology 480,010 129,453 478,700 1,310 0.3% Law 1,283,240 353,813 1,267,400 15,840 1.2% Municipal Court 3,042,040 750,260 3,030,000 12,040 0.4% Parks, Recreation & Comm Svcs 16,823,700 3,430,270 16,805,900 17,800 0.1% Police 34,104,550 8,684,612 34,422,100 (317,550)-0.9% Public Works 1,436,120 470,973 1,428,100 8,020 0.6% Non-Departmental 13,704,810 350,767 13,704,810 - Total Expenditures 87,877,880 17,914,642 87,694,732 183,148 0.2% Variance Notes March 2016 Monthly Financial Report City of Kent, Washington General Fund Overview - Expenditures Police - Currently showing a significant unfavorable variance due to wage increases in the bargaining agreement with KPOA. Staff is preparing a budget change to bring the 2016 budget in line with the agreement. Variance analysis for expenditures is provided for particular departments or those in which the estimated actual amount differs from the budgeted amount by at least 10% or a minimum of $500,000. 24 2014 2015 2016 2016 2016 Actual Actual Adj Budget YTD Est Actual Beginning Fund Balance 7,471,860 *11,312,140 15,372,499 15,372,499 15,372,499 Revenues Taxes: Property 20,696,272 22,015,525 22,210,230 917,534 22,299,500 Sales Tax 17,761,585 18,583,057 18,633,990 5,005,488 19,067,400 Utility 17,775,687 18,151,853 18,140,150 5,407,093 18,208,000 Business and Occupation Tax 303,600 7,656,220 6,500,000 158,528 7,038,530 Other 1,106,821 1,023,500 1,100,100 9,725 891,900 Licenses and Permits 5,818,615 5,827,474 5,139,120 1,274,891 5,604,600 Intergovernmental Revenue 7,515,935 7,783,935 7,419,970 1,889,865 7,584,700 Charges for Services 6,182,649 5,814,133 4,627,290 1,124,898 4,563,500 Fines and Forfeitures 1,284,798 1,660,366 1,565,970 349,211 1,410,800 Miscellaneous Revenue 1,533,392 1,756,485 1,393,650 376,114 1,588,400 Transfers In 931,217 996,921 931,590 - 931,590 Total Revenues 80,910,572 91,269,469 87,662,060 16,513,349 89,188,920 Expenditures City Council 293,125 298,884 351,780 78,811 335,222 Mayor's Office/City Clerk 1,927,073 2,211,861 2,415,270 658,311 2,362,700 Economic & Community Dev 5,251,662 5,345,212 6,026,570 1,301,345 5,855,700 Finance 2,363,613 2,419,039 2,644,570 602,523 2,633,500 Fire Contracted Services 3,422,675 3,513,988 3,537,380 717,631 3,487,200 Human Resources 1,167,331 1,039,875 2,027,840 385,873 1,883,400 Information Technology 349,002 456,328 480,010 129,453 478,700 Law 1,003,202 1,198,769 1,283,240 353,813 1,267,400 Municipal Court 2,849,954 2,988,951 3,042,040 750,260 3,030,000 Parks, Recreation & Comm Svcs 14,854,585 15,897,126 16,823,700 3,430,270 16,805,900 Police 31,263,200 32,992,234 34,104,550 8,684,612 34,422,100 Public Works 4,929,327 4,896,300 1,436,120 470,973 1,428,100 Non-Departmental 7,395,544 13,950,543 13,704,810 350,767 13,704,810 Total Expenditures 77,070,292 87,209,110 87,877,880 17,914,642 87,694,732 Net Revenues less Expenditures 3,840,280 4,060,359 (215,820)1,494,188 Ending Fund Balance 11,312,140 15,372,499 15,156,679 16,866,687 Ending Fund Balance Detail: General Fund Reserves 8,159,940 11,749,159 12,314,069 13,786,087 9.4%13.4% 14.0%15.7% Contingency for Unanticipated Costs 1,500,000 1,500,000 1,500,000 1,500,000 Strategic Opportunities Fund 425,000 425,000 425,000 425,000 Restricted for Annexation 1,652,200 1,698,340 917,610 1,155,600 * 2014 beginning fund balance reduced by $2,026,000 to reflect the prior period adjustment required to properly record the repayment owed to the Utility Funds. March 2016 Monthly Financial Report City of Kent, Washington General Fund 25 2014 2015 2016 % of thru March thru March thru March Budget Revenues Taxes: Property 1,025,752 885,568 917,534 31,966 3.6% 4.1% Sales Tax 4,189,504 4,666,692 5,005,488 338,796 7.3% 26.9% Utility 5,395,632 5,480,776 5,407,093 (73,683) -1.3% 29.8% Business and Occupation Tax 49,977 70,201 158,528 88,327 125.8% 2.4% Other 37,645 62,129 9,725 (52,404) -84.3% 0.9% Licenses and Permits 1,123,818 1,089,700 1,274,891 185,191 17.0% 24.8% Intergovernmental Revenue 1,837,100 1,813,742 1,889,865 76,123 4.2% 25.5% Charges for Services 1,631,959 1,287,845 1,124,898 (162,947) -12.7% 24.3% Fines and Forfeitures 283,227 413,549 349,211 (64,338) -15.6% 22.3% Miscellaneous Revenue 329,736 375,904 376,114 210 0.1% 27.0% Transfers In - - - - Total Revenues 15,904,350 16,146,107 16,513,349 367,241 2.3% 18.8% Expenditures City Council 72,419 78,795 78,811 17 0.0% 22.4% Mayor's Office/City Clerk 578,293 578,572 658,311 79,739 13.8% 27.3% Economic & Community Dev 1,269,374 1,360,522 1,301,345 (59,177) -4.3% 21.6% Finance 507,317 503,595 602,523 98,928 19.6% 22.8% Fire Contracted Services 757,752 790,303 717,631 (72,672) -9.2% 20.3% Human Resources 319,246 274,073 385,873 111,801 40.8% 19.0% Information Technology 86,229 90,882 129,453 38,571 42.4% 27.0% Law 210,356 299,802 353,813 54,011 18.0% 27.6% Municipal Court 665,416 710,929 750,260 39,331 5.5% 24.7% Parks, Recreation & Comm Svcs 3,076,918 3,354,031 3,430,270 76,239 2.3% 20.4% Police 7,719,932 7,996,771 8,684,612 687,841 8.6% 25.5% Public Works *953,076 994,593 470,973 (523,620) -52.6% 32.8% Non-Departmental 15,000 - 350,767 350,767 2.6% Total Expenditures 16,231,327 17,032,867 17,914,642 881,776 5.2% 20.4% * Most Public Works costs were moved to the Street Operating Fund effective January 1, 2016. Only costs allocated to the Panther Lake annexation remain in the General Fund. General Fund 2015-16 Variance March 2016 Monthly Financial Report City of Kent, Washington Year-to-Year Month Comparison 26 2014 2015 2016 2016 2016 Actual Actual Budget YTD Est Actual Operating revenues and expenditures only, capital is excluded. In instances where expenditures exceed revenues, fund balance is being utilized. Street Operations Revenues 10,654,053 11,793,043 11,945,140 3,061,515 12,260,250 Expenditures 10,351,988 9,072,561 14,551,090 2,165,644 12,118,920 Net Revenues Less Expenditures 302,065 2,720,483 (2,605,950)895,871 141,330 LEOFF 1 Retiree Benefits Revenues 1,055,840 1,341,722 1,164,510 206,385 1,164,510 Expenditures 887,036 1,279,216 1,125,890 195,785 1,245,550 Net Revenues Less Expenditures 168,803 62,506 38,620 10,599 (81,040) Lodging Tax Revenues 249,581 279,878 210,230 48,699 275,000 Expenditures 71,441 257,164 188,500 49,479 188,500 Net Revenues Less Expenditures 178,140 22,714 21,730 (780)86,500 Youth/Teen Programs Revenues 888,250 894,592 912,600 256,323 900,910 Expenditures 898,524 920,380 942,000 942,000 Net Revenues Less Expenditures (10,274)(25,788)(29,400)256,323 (41,090) Capital Resources Revenues 16,413,708 20,561,359 14,414,120 3,623,493 14,493,970 Expenditures 11,997,869 11,538,631 14,422,330 799 14,410,000 Net Revenues Less Expenditures 4,415,838 9,022,728 (8,210)3,622,694 83,970 Criminal Justice Revenues 3,780,757 4,753,967 3,953,990 1,151,027 4,100,440 Expenditures 3,096,924 2,965,408 4,552,105 697,342 3,639,370 Net Revenues Less Expenditures 683,833 1,788,558 (598,115)453,685 461,070 Community Development Block Grant Revenues 835,776 808,466 914,740 914,740 Expenditures 835,776 808,466 914,740 151,312 914,740 Net Revenues Less Expenditures (151,312) ShoWare Operating Revenues 3,456,124 1,680,882 1,065,810 15,000 1,180,880 Expenditures 980,046 518,720 835,930 105,024 470,100 Net Revenues Less Expenditures 2,476,077 1,162,163 229,880 (90,024)710,780 Other Operating Revenues 134,073 143,726 120,280 1,380 120,280 Expenditures 70,478 64,765 120,280 19,288 89,280 Net Revenues Less Expenditures 63,595 78,961 (17,908)31,000 Water Utility Revenues 20,948,199 20,140,494 18,870,370 4,107,160 20,150,000 Expenditures 15,890,786 17,620,354 19,214,740 2,602,846 18,719,880 Net Revenues Less Expenditures 5,057,413 2,520,140 (344,370)1,504,314 1,430,120 Special Revenue Funds Enterprise Funds March 2016 Monthly Financial Report Other Funds Overview (Revenues and Expenditures) City of Kent, Washington 2015: Net revenues less expenditures include $2.27m street operating revenues returned from LID funded projects. These funds have been allocated to projects in the 2016 budget. 2016: Includes street and transportation revenues and costs moved from the General Fund. 27 2014 2015 2016 2016 2016 Actual Actual Budget YTD Est Actual Operating revenues and expenditures only, capital is excluded. In instances where expenditures exceed revenues, fund balance is being utilized. March 2016 Monthly Financial Report Other Funds Overview (Revenues and Expenditures) City of Kent, Washington Sewer/Drainage Utility Revenues 46,608,123 48,525,436 46,250,710 11,737,339 47,110,000 Expenditures 43,535,541 47,086,396 46,992,300 9,067,371 46,923,160 Net Revenues Less Expenditures 3,072,581 1,439,040 (741,590)2,669,968 186,840 Solid Waste Utility Revenues 575,750 158,232 575,750 Expenditures 365 253,280 95,877 253,280 Net Revenues Less Expenditures (365)322,470 62,355 322,470 Golf Complex Revenues 2,489,362 2,661,490 2,774,450 303,889 2,682,450 Expenditures 2,693,040 2,867,873 3,143,490 601,247 2,870,000 Net Revenues Less Expenditures (203,678)(206,383)(369,040)(297,358)(187,550) Fleet Services Revenues 4,425,076 4,537,950 4,674,240 1,197,138 4,708,550 Expenditures 3,955,111 3,194,529 5,892,350 739,014 5,466,370 Net Revenues Less Expenditures 469,965 1,343,420 (1,218,110)458,123 (757,820) Central Services Revenues 356,338 372,070 422,320 110,899 375,000 Expenditures 336,633 350,962 401,760 98,641 352,000 Net Revenues Less Expenditures 19,704 21,108 20,560 12,258 23,000 Information Technology Revenues 6,878,827 7,603,220 7,127,530 1,862,516 7,250,060 Expenditures 6,130,328 6,708,773 7,481,090 1,854,810 7,419,240 Net Revenues Less Expenditures 748,499 894,447 (353,560)7,705 (169,180) Facilities Revenues 5,096,650 5,429,412 5,382,650 1,317,217 5,268,870 Expenditures 4,673,883 5,527,155 5,402,190 1,025,827 5,244,300 Net Revenues Less Expenditures 422,768 (97,744)(19,540)291,390 24,570 Unemployment Revenues 380,356 397,641 402,720 103,005 412,020 Expenditures 112,106 98,860 401,740 47,691 190,770 Net Revenues Less Expenditures 268,250 298,781 980 55,314 221,250 Workers Compensation Revenues 1,506,197 1,095,382 1,074,910 297,034 1,107,660 Expenditures 80,344 681,822 1,495,730 273,977 1,238,550 Net Revenues Less Expenditures 1,425,853 413,560 (420,820)23,057 (130,890) 2015: Revenues reflect 2015-16 rate reduction, with GF savings going to the CR Fund to reduce the deficit. Employee Health & Wellness Revenues 9,626,446 10,487,102 10,210,310 2,627,730 10,510,920 Expenditures 9,809,909 11,298,096 11,583,040 3,303,458 11,554,000 Net Revenues Less Expenditures (183,463)(810,993)(1,372,730)(675,728)(1,043,080) Internal Service Funds 28 2014 2015 2016 2016 2016 Actual Actual Budget YTD Est Actual Operating revenues and expenditures only, capital is excluded. In instances where expenditures exceed revenues, fund balance is being utilized. March 2016 Monthly Financial Report Other Funds Overview (Revenues and Expenditures) City of Kent, Washington Liability Insurance Revenues 543,969 1,135,932 1,187,110 285,454 1,141,820 Expenditures 1,543,321 1,187,054 1,926,880 1,011,747 1,365,200 Net Revenues Less Expenditures (999,353)(51,122)(739,770)(726,293)(223,380) 2014: Revenues reflect a one-time adjustment to reduce cash reserves. 2015: Revenues reflect 2015-16 rate reduction, with GF savings going to the CR Fund to reduce the deficit. Property Insurance Revenues 568,107 582,938 612,050 153,091 612,050 Expenditures 508,423 471,003 604,600 241,693 571,220 Net Revenues Less Expenditures 59,684 111,935 7,450 (88,603)40,830 29 2014 2015 2016 thru March thru March thru March Operating revenues and expenditures only, capital is excluded. Street Operations Revenues 1,472,125 1,934,561 3,061,515 1,126,954 58.3% Expenditures 453,258 563,003 2,165,644 1,602,641 284.7% Net Revenues Less Expenditures 1,018,867 1,371,558 895,871 2016 includes street and transportation revenues and costs moved from the General Fund. LEOFF 1 Retiree Benefits Revenues 204,692 148,296 206,385 58,089 39.2% Expenditures 187,719 324,991 195,785 (129,205)-39.8% Net Revenues Less Expenditures 16,973 (176,695)10,599 2015 claims were up dramatically compared to 2014, while 2016 thru March is consistent with past years. Lodging Tax Revenues 38,929 44,036 48,699 4,663 10.6% Expenditures 4,904 9,359 49,479 40,120 428.7% Net Revenues Less Expenditures 34,026 34,677 (780) 2016 expenditures reflect increased marketing activities. Youth/Teen Programs Revenues 262,340 265,317 256,323 (8,994)-3.4% Expenditures - - Net Revenues Less Expenditures 262,340 265,317 256,323 Capital Resources Revenues 2,076,469 2,892,647 3,623,493 730,846 25.3% Expenditures 7 320,949 799 (320,151)-99.8% Net Revenues Less Expenditures 2,076,462 2,571,697 3,622,694 Criminal Justice Revenues 879,464 920,941 1,151,027 230,087 25.0% Expenditures 600,026 675,378 697,342 21,964 3.3% Net Revenues Less Expenditures 279,439 245,562 453,685 2016 increase in revenues due to strong sales tax trends and an increase in seized assets. Community Development Block Grants Revenues 332 Expenditures 149,169 161,618 151,312 (10,306)-6.4% Net Revenues Less Expenditures (148,837)(161,618)(151,312) Lag in grant reimbursement for expenses incurred. ShoWare Operating Revenues 15,000 15,000 100.0% Expenditures 182,087 11,113 105,024 93,911 845.1% Net Revenues Less Expenditures (182,087)(11,113)(90,024) March 2016 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) Special Revenue Funds 2016 increase in revenues due to strong REET and sales tax trends and $1m of General Fund contributions. 2015 expenditures reflect one-time land acquisition costs. 2015-16 Variance Year-to-Year Month Comparison 30 2014 2015 2016 thru March thru March thru March Operating revenues and expenditures only, capital is excluded. March 2016 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) 2015-16 Variance Year-to-Year Month Comparison Other Operating Revenues 1,000 750 1,380 630 84.0% Expenditures 11,695 7,537 19,288 11,751 155.9% Net Revenues Less Expenditures (10,695)(6,787)(17,908) Includes City Art Program, Neighborhood Matching Grants and Human Services Emergency Programs Water Utility Revenues 4,143,228 3,935,373 4,107,160 171,787 4.4% Expenditures 4,113,715 2,646,781 2,602,846 (43,935)-1.7% Net Revenues Less Expenditures 29,513 1,288,591 1,504,314 Sewer/Drainage Utility Revenues 11,107,438 11,510,849 11,737,339 226,490 2.0% Expenditures 8,748,699 8,620,587 9,067,371 446,784 5.2% Net Revenues Less Expenditures 2,358,739 2,890,262 2,669,968 Solid Waste Utility Revenues 158,232 158,232 100.0% Expenditures 95,877 95,877 100.0% Net Revenues Less Expenditures 62,355 Solid Waste Utility established in 2016. Golf Complex Revenues 312,713 395,166 303,889 (91,276)-23.1% Expenditures 527,720 544,445 601,247 56,802 10.4% Net Revenues Less Expenditures (215,007)(149,280)(297,358) 2016 revenues down due to inclement weather conditions. Fleet Services Revenues 1,097,910 755,070 1,197,138 442,067 58.5% Expenditures 812,603 537,173 739,014 201,841 37.6% Net Revenues Less Expenditures 285,307 217,897 458,123 Central Services Revenues 84,316 96,264 110,899 14,636 15.2% Expenditures 89,185 83,351 98,641 15,290 18.3% Net Revenues Less Expenditures (4,869)12,913 12,258 Information Technology Revenues 1,603,016 1,708,611 1,862,516 153,905 9.0% Expenditures 1,361,615 1,801,500 1,854,810 53,310 3.0% Net Revenues Less Expenditures 241,401 (92,889)7,705 Enterprise Funds In 2015, March revenues were booked in April. Expenditures fluctuate from year to year due to timing of replacement vehicle purchases. Internal Service Funds 31 2014 2015 2016 thru March thru March thru March Operating revenues and expenditures only, capital is excluded. March 2016 Monthly Financial Report City of Kent, Washington Other Funds Overview (Revenues and Expenditures) 2015-16 Variance Year-to-Year Month Comparison Facilities Revenues 1,274,123 1,300,304 1,317,217 16,913 1.3% Expenditures 948,159 992,744 1,025,827 33,082 3.3% Net Revenues Less Expenditures 325,964 307,559 291,390 Unemployment Revenues 94,125 98,770 103,005 4,235 4.3% Expenditures 5,916 31,041 47,691 16,650 53.6% Net Revenues Less Expenditures 88,209 67,729 55,314 Workers Compensation Revenues 353,529 273,754 297,034 23,280 8.5% Expenditures 203,817 200,663 273,977 73,315 36.5% Net Revenues Less Expenditures 149,712 73,091 23,057 Employee Health & Wellness Revenues 2,470,250 2,570,243 2,627,730 57,487 2.2% Expenditures 2,354,039 2,744,642 3,303,458 558,816 20.4% Net Revenues Less Expenditures 116,210 (174,399)(675,728) Liability Insurance Revenues 498,527 283,476 285,454 1,978 0.7% Expenditures 818,521 899,442 1,011,747 112,305 12.5% Net Revenues Less Expenditures (319,993)(615,966)(726,293) Property Insurance Revenues 142,020 145,724 153,091 7,367 5.1% Expenditures 265,195 246,430 241,693 (4,737)-1.9% Net Revenues Less Expenditures (123,175)(100,706)(88,603) 32 2016 2016 2016 2016 Beginning Fund Balance Estimated Revenues Estimated Expenditures Ending Fund Balance Operating funds only, capital funds are excluded. General Fund 15,372,499 89,188,920 87,694,730 16,866,689 Street Operations 4,092,055 12,260,250 12,118,920 4,233,385 LEOFF 1 Retiree Benefits 1,093,532 1,164,510 1,245,550 1,012,492 Lodging Tax 394,516 275,000 188,500 481,016 Youth/Teen Programs 121,275 900,910 942,000 80,185 Capital Resources 5,775,064 14,493,970 14,410,000 5,859,034 Criminal Justice 3,981,627 4,100,440 3,639,370 4,442,697 Community Development Block Grants 914,740 914,740 ShoWare Operating 1,596,543 1,180,880 470,100 2,307,323 Other Operating 364,242 120,280 89,280 395,242 Water Utility 8,158,504 20,150,000 18,719,880 9,588,624 Sewer/Drainage Utility 10,093,986 47,110,000 46,923,160 10,280,826 Solid Waste Utility 365 575,750 253,280 322,835 Golf Complex (3,043,675) 2,682,450 2,870,000 (3,231,225) Fleet Services 4,301,237 4,708,550 5,466,370 3,543,417 Central Services (46,226) 375,000 352,000 (23,226) Information Technology 2,808,737 7,250,060 7,419,240 2,639,557 Facilities 1,672,947 5,268,870 5,244,300 1,697,517 Unemployment 1,038,938 412,020 190,770 1,260,188 Workers Compensation 2,541,813 1,107,660 1,238,550 2,410,923 Employee Health & Wellness 6,122,922 10,510,920 11,554,000 5,079,842 Liability Insurance 2,452,656 1,141,820 1,365,200 2,229,276 Property Insurance 348,579 612,050 571,220 389,409 Internal Service Funds General Fund March 2016 Monthly Financial Report City of Kent, Washington Fund Balances Special Revenue Funds Enterprise Funds 33 This page intentionally left blank 34 Kent Council Operations Committee Consolidating Budget Adjustment FINANCE Aaron BeMiller, Director Phone: 253-856-5260 Fax: 253-856-6255 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 May 3, 2016 TO: Operations Committee FROM: Aaron BeMiller, Finance Director SUBJECT: Director’s Report – Information Only MOTION: Information only SUMMARY: The Finance Director will report out financial or operational item(s). BUDGET IMPACT: BACKGROUND: 35 This page intentionally left blank 36 OFFICE OF THE CITY ATTORNEY Tom Brubaker, City Attorney Phone: 253-856-5770 Fax: 253-856-6770 Address: 220 Fourth Avenue S. Kent, WA. 98032-5895 DATE: May 3, 2016 TO: Operations Committee FROM: Tom Brubaker, City Attorney SUBJECT: Real Property Surplus Policy – Information Only MOTION: Information only SUMMARY: This is the first step to respond to council’s direction to staff to develop a formal city surplus policy to apply to all proposed sales or disposal of real property. Administration has developed the outline included in this packet in an attempt to give the committee maximum flexibility as it considers this policy. The outline is offered as a stepping off point for discussion, for consideration of other concepts or approaches, and for further direction to staff. After discussion and receiving direction from the council, staff will prepare a draft ordinance for further review and discussion. For comparison purposes, we have included in this packet a copy of the city of Renton’s real property surplus policy. Staff will also be prepared to discuss differences and similarities between the city’s draft outline and Renton’s policy. Staff will be available to discuss the approach set forth in the outline and to answer questions from the committee. Exhibits: Draft Real Property Surplus Policy Outline; City of Renton Surplus Property Policy Budget Impact: None 37 DRAFT OUTLINE REAL PROPERTY SURPLUS POLICY (April 26, 2016) When city administration or the city council recommends surplussing one or more parcels of real property, and council determines that the city should consider the property for surplus, the council and staff must comply with this policy before listing or selling the property, subject only to the exceptions listed in this policy. 1) This policy applies to the sale, transfer, or exchange of the following properties: a) Properties that were received or obtained for a specific public purpose; and b) Properties that constitute at least one legal lot; and c) Properties that are owned in fee. d) This will exclude: i) Remnant properties, even if equal to or greater than one legal lot; ii) Partial properties, such as strips purchased for road widening purposes; and iii) Easements, licenses, and other subordinate interests in real property. 2) For properties that meet item one above, the city will comply with the following public outreach requirements: a) Hold at least one informational public meeting and receive public comment at one of the following venues: i) Council committee meeting; ii) Council workshop; iii) Regular council meeting; iv) Special council meeting; or v) A community forum at a location that is more convenient to the neighborhood potentially affected by the proposed surplus; b) Post notice at all main site entrances at least fifteen days prior to the first public meeting; i) Notice should be easily visible and verbiage should be clear, succinct, and legible. c) Mail notice at least ten days prior to the public meeting to all property owners of record as listed by the King County Assessor’s Office whose property is located within 300 feet of the site proposed for surplus; and d) Post notice on the city’s website in a location intended to provide notice of public meetings or public events. 38 3) At the meeting the city will: a) Allow members of the public to gain information and address their support or opposition to the proposal. i) Depending upon the number of persons wishing to speak, councilmembers can limit the amount of time given to each speaker or terminate or continue the meeting depending upon the time available to address the proposed sale. ii) If held at a community forum, an “open house” informational meeting is allowed, so that individual staff members can answer individual questions. b) Allow members of the public to submit written statements for council consideration. 4) After the meeting: a) Council may continue the meeting, hold additional meetings, or conclude the process. i) If the council continues the meeting or holds additional meetings, (1) Notice of the continuation or new meeting(s) will be posted on the city’s website; (2) No other notice is required. b) All persons who have requested to be parties of record for the proposed surplus will be added to the mailing list for further communications and notices on the subject. 5) Once all meetings are completed, council can surplus the property by resolution. 6) The city can order appraisals, re-appraisals, or peer review appraisals at any time before or during the surplus process, as needed. 7) If other regulatory requirements require notice or meetings while the property is under consideration for surplus, the city may combine those notice and meeting or hearing requirements with the notice and meeting requirements in this surplus policy. 8) This policy will not apply to property owned by any of the city’s utilities, because state law provides a separate process for those properties. 39 Renton Policy and Procedure Manual 100-12 SURPLUS REAL PROPERTY POLICY & PROCEDURE Subject: Surplus Real Property Index: Numbe r: 100-12 Effective Date 6/10/2004 Supersed es 1/2/2002 Page 1 of 4 Staff Contact Gregg Zimmerm an Approved By Mayor Kathy Keolker-Wheeler 1.0 PURPOSE: To ensure realizing the disposal of surplus real property at fair market value in a cost effective manner, and to establish procedures for real property sales. 2.0 ORGANIZATIONS AFFECTED: All Departments/Divisions 3.0 REFERENCES: 3.1 RCW 35A.80.010 "Public Utilities, General laws applicable" 3.2 RCW 35.94.040 "Lease or sale of land or property originally acquired for public utility purposes" 3.3 RCW 39.33.010 "Sale, exchange, transfer, lease of public property authorized - Section deemed alternative" 3.4 RCW 39.33.020 "Disposal of surplus property - Hearing - Notice" 4.0 POLICY: 4.1 It is the policy of the City of Renton that surplus real property shall be sold at fair market value to restore monies to the General Governmental Fund or Enterprise Fund which acquired the property originally. 4.2 To ensure that there is no net loss in parks land to the City, the disposition of surplus park land must result in either the addition of property of a greater or equal value to the property sold or the sales price must be used for the acquisition of additional park property at fair market rates. 4.3 This policy shall be applicable in all cases except those wherein the City has prior 40 Renton Policy and Procedure Manual contractual or legal obligations for disposal of the property. 5.0 DEFINITIONS: 5.1 "Administrative Costs" are those costs incurred by the City of Renton during the processing of property for sale. Such costs include but are not limited to legal costs, salaries, supplies, advertising, and other costs required to produce a sale. 5.2 "Assessed Value" is the dollar amount assigned by the King County Assessor as the valuation of the land and improvements for taxation purposes. 5.3 "Fair Market Value" is the price that a willing buyer would pay to a willing seller for the purchase of property in an open and competitive market. 5.4 "Surplus Real Property" is property acquired by a division which is no longer needed to fulfill the original or an alternate need within the same division. 5.5 An “Enterprise Fund” department or division is any department or division for which a separate financial accounting is used for government operations that are financed and operated in a manner similar to business enterprises and for which preparation of an income statement is desirable. 5.6 A “General Governmental Fund ” department or division is any department or division, which is sustained by the fund supported by taxes, fees, and other revenue that may be used for any lawful purpose. 6.0 PROCEDURES FOR ENTERPRISE FUND DEPARTMENTS AND DIVISIONS: 6.1 Prior to requesting Council approval to initiate these Surplus Real Property Procedures, any Enterprise Fund department or division having surplus real property shall first determine potential use of such surplus property by other General Governmental Fund departments or divisions and Enterprise Fund departments or divisions. If another department(s) or division(s) expresses interest in the subject property, then, in consultation with the City’s Administration, the subject property shall be transferred to one of these departments or divisions. An Enterprise department or division must be duly compensated for the transfer of any real property of any other City department or division. The exchange of monies for the transfer of real property from an Enterprise Fund department or division to other City departments or divisions shall be handled through an Interfund Transfer. 6.2 If no other department or division expresses interest in the subject property, then the Enterprise Fund department or division having surplus real property shall request Council approval to initiate these Surplus Real Property Procedures and Council authorization for the Property Services Section to order an appraisal to determine the fair market value of the subject property. 6.3 Council shall set a date for a public hearing, as nearly as possible to 60 days from the original approval. 6.4 At least 10 days but not more than 25 days prior to the hearing, the City Clerk shall cause to be published a public notice setting forth the date, time and place of the hearing, at least once in a newspaper of general circulation in the area where the property is located. This notice shall identify the property using a description which can be easily understood by the public and shall describe the current use of the lands 41 Renton Policy and Procedure Manual involved. 6.5 After the hearing, the Council shall determine whether the subject property should be declared surplus. If the Council determines the property to be surplus, a resolution making such a declaration shall be adopted. 6.6 If the subject property is declared surplus, the Property Services Section shall offer the property to other City departments and divisions. If no City department or division expresses interest in the subject property, then the property shall be offered to other local agencies, the abutting property owners, and any parties having expressed an interest in the property. 6.7 If none of the parties listed in the previous section expresses interest in the subject property, then the Property Services Section shall advertise for bids for a minimum two-week period following the resolution, which declares the subject property to be surplus. For the following two weeks, sealed bids may be received, time and date stamped, and the highest and best offer within 10% of, or over, the appraised value shall be accepted. 6.8 Sales of parcels shall be handled through independent escrow. 6.9 In the event no acceptable offer is received within the bid period, the property shall continue to be marketed by the Property Services Section on a first come first served basis, using all resources common to the marketing of such property, including but not limited to installing signs, distributing offering information to local real estate firms, and publishing offering information monthly in a neighborhood newspaper. 6.10 The Property Services Section shall be authorized to negotiate with prospective purchasers and accept reasonable offers on behalf of the City after ensuring concurrence from the Enterprise Fund department or division in the terms of the sale. 6.11 Costs of maintaining the property pending sale shall continue to be the responsibility of the Enterprise Fund department or division. 6.12 The administrative costs of this procedure shall be reimbursed to the Property Services Section from the proceeds of the sale. The balance of the proceeds shall be credited to the appropriate account of the Enterprise Fund department or division. 7.0 PROCEDURES FOR GENERAL GOVERNMENTAL FUND DEPARTMENTS AND DIVISIONS: 7.1 Prior to requesting Council approval to initiate these Surplus Real Property Procedures, any General Governmental Fund department or division having surplus real property shall first determine potential use of such surplus property by other General Governmental Fund departments or divisions and Enterprise Fund departments or divisions. If other departments or divisions express interest in the subject property, then, in consultation with the City’s Administration, the subject property shall be transferred to one of these departments or divisions. A General Governmental Fund department or division must be duly compensated for the transfer of any real property to an Enterprise Fund department. Transfer of real property from a General Governmental Fund department or division to another General Governmental Fund department or division does not require the exchange of monies. If the transfer of real property from a General Governmental Fund 42 Renton Policy and Procedure Manual department or division to another department or division involves the exchange of monies, it shall be handled through an Interfund Transfer. 7.2 If no other department or division expresses interest in the subject property, then the General Governmental Fund department or division having surplus real property shall request Council approval to initiate these Surplus Real Property Procedures and Council authorization for the Property Services Section to order an appraisal to determine the fair market value of the subject property. 7.3 Council shall set a date for a public hearing, as nearly as possible to 60 days from the original approval. 7.4 At least 10 days but not more than 25 days prior to the hearing, the City Clerk shall cause to be published a public notice setting forth the date, time and place of the hearing, at least once in a newspaper of general circulation in the area where the property is located. This notice shall identify the property using a description which can be easily understood by the public, and shall describe the current use of the lands involved. 7.5 After the hearing, the Council shall determine whether the subject property should be declared surplus. If the Council determines the property to be surplus, a resolution making such a declaration shall be adopted. 7.6 If the subject property is declared surplus, the Property Services Section shall offer the property to other local agencies, the abutting property owners, and any parties having expressed an interest in the property. 7.7 If none of the parties listed in the previous section expresses interest in the subject property, then the Property Services Section shall advertise for bids for a minimum two-week period following the resolution, which declares the subject property to be surplus. For the following two weeks, sealed bids may be received, time and date stamped, and the highest and best offer within 10% of, or over, the appraised value shall be accepted. 7.8 Sales of parcels shall be handled through independent escrow. 7.9 In the event no acceptable offer is received within the bid period, the property shall continue to be marketed by the Property Services Section on a first come first served basis, using all resources common to the marketing of such property, including but not limited to installing signs, distributing offering information to local real estate firms, and publishing offering information monthly in a neighborhood newspaper. 7.10 The Property Services Section shall be authorized to negotiate with prospective purchasers and accept reasonable offers on behalf of the City after ensuring concurrence from the General Governmental Fund department or division in the terms of the sale. 7.11 Costs of maintaining the property pending sale shall continue to be the responsibility of the General Governmental Fund department or division. 7.12 The administrative costs of this procedure shall be reimbursed to the Property Services Section from the proceeds of the sale. The balance of the proceeds shall be credited to the General Governmental Fund. 43 Renton Policy and Procedure Manual 44