RESOLUTION NO. 3181, AS AMENDED
A RESOLUTION of the Port Commission of the Port of Seattle
Adopting a Master Policy Directive on the
Administrative Authority of the Executive
Director and His Designees and Repealing all
Prior Resolutions Dealing with the Same
Subject Matter.
WHEREAS, the Port Commission of the Port of Seattle has adopted
policy directives delegating administrative authority to the Executive Director
and his designees for the purpose of expeditious administration of the Port; and
WHEREAS, the Port Commission has from time to time found it
necessary to amend and revise such directives due to changes in law and/or
operations of the Port; and
WHEREAS, the Port Commission now wishes to provide an updated
master policy directive on the administrative authority of the Executive
Director and his designees and to repeal all prior resolutions dealing with the
same subject matter:
NOW THEREFORE, BE IT RESOLVED by the Port Commission of the
Port of Seattle as follows:
Section 1. The master policy directive of the Port Commission of the
Port of Seattle as set forth in Exhibit "A" attached to this Resolution and by
this reference incorporated herein, is for the purpose of establishing
administerial authority for the Executive Director and his designees.
Section 2. Resolution No. 3023, as Amended, previously adopted by the
Port Commission and dealing with the same subject matter is hereby repealed.
Section 3. The Revised Code of Washington 53.08.090 authorizes the
Port Commission to delegate to the Executive Director, by resolution, the
authority to sell and convey port district personal property as outlined in
Exhibit "A," Section XXI. Inasmuch as state law requires that this authority be
renewed from year to year, the Port Commission is authorized to accomplish the
same by motion; provided, however, that in the event this authority is amended
or repealed, such amendment or repeal must be by resolution adopted by the Port
Commission.
- 1 -
3355X(1) - 11/01/94
ADOPTED by the Port Commission of the Port of Seattle this
day of
of the Commissioners voting in favor thereof and the Seal of the Commission duly
affixed .
LVQllheI/j y, /and duly authenticated in Gpen session by the signatures
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3355x - 10/10/94
EXHIBIT "A" TO RESOLUTION NO. 3181, As AMENDED
PORT OF SEAITLE
COMMISSION POLICY DIRECTIVES ADMINISTRATIVE
AUTHORITY OF EXECUTIVE DIRECTOR AND
HIS/HER DESIGNEES
The Commission shall retain an Executive Director to implement the
mission, goals, objectives and policy guidelines of the Port, which shall be
established by the Port Commission. The Executive Director derives authority
from the Commission acting as the governing body. The following policy is
adopted by the Port Commission for the purpose of establishing the administerial
authority of the Executive Director who is responsible for normal Port
operations. The phrase "normal Port operations" as used herein, means regular
day-to-day business transactions involving personnel, money, facilities, real
and personal property, and other assets. The Executive Director shall retain
professional staff, which shall operate and manage according to directives and
policies from the Executive Director. The Executive Director shall regularly
inform and consult with the Commission regarding significant information, and
business transactions and policies, by a method mutually agreeable to the
Commission and the Executive Director. The Executive Director shall serve as
the primary spokesman for management. The Executive Director shall be
responsible for the day-to-day direction and conduct of business transactions of
the Port.
3355x(1) - 11/01/94
With the exception of the limitations identified in the specific
policies which follow, the Executive Director shall be responsible for the
operation, maintenance, administration and use of the Port's marine terminals,
airport and other properties and facilities; for the development of industrial
districts; the implementation of construction work and alterations and
improvements to the Port's real estate and physical facilities and necessary
planning incidental thereto; the administration of the day-.to-day operations
which include personnel administration (salary, wage and benefit matters, wage
contract negotiations, task and project assignments, hiring, firing, training,
grievance procedures, diversity training and enhancement programs, employee
enrichment and improvement, etc.); execution of contracts, interlocal agreements
with other governmental agencies, and other documents related to the normal
conduct of Port business (releases, indemnification agreements, facilities or
construction permit or license applications, applications for and acceptances of
grants or other funds from federal, state or local governments, disclosure
statements, etc.); the delivery of services essential t o the Port's mission;
financial and accounting related matters; legal matters and all other
administrative matters. Further, the Executive Director is hereby authorized to
publish notice of any and all public hearings which are required by law or are
necessary for Port Commission action.
The Executive Director may delegate to appropriate Port staff such of
hidher admintstrati-te authority or reporting requirements herein established
as, in hidher discretion, is necessary and advisable in the efficient exercise
of such authority. To implement delegations of authority to Port staff, the
Executive Director shall promulgate Port of Seattle Policy and Procedure
Manuals, mcnetary delegations, authority to execute contracts, and other
3355x(2) - 10/10/94
documents such as employee position descriptions, affirmative action plans,
office manuals, etc., which shall include such delegations as appropriate.
Commission directives or initiatives shall be made through the Executive
Director and shall be made only by the Port Commission acting as a body. The
Commission acting as a body may at any time rescind or suspend all or any
portion of the delegated authority conferred upon the Executive Director under
this Resolution and the attached Exhibit A by further resolution or by motion
acted on in a public meeting.
3355X(3) - 10/10/94
PORT OF SEATTLE COMMISSION
SPECIFIC POLICY DIRECTIVES OF
ADMCNKTRATIVE AUTHORITY OF EXECUTIVE DIRECTOR
AND HIS/HER DESIGNEES
REAL PROPERTY AGREEMENTS:
R. TYDeS of AEreements:
The following directives of this Article I apply to all
agreements or transactions for use of Port real property,
including but not limited to leases, concession agreements,
rental agreements, operating agreements, licenses, easements,
access permits, rights of entry and other use agreements (all
hereinafter referred to as "Real Property Agreements" or
"Agreements") or the Port's use of real property owned by others.
B. General Real Property Aareement Policy
Except as provided in Paragraph I . C . , all real property of the
Port shall be used pursuant to an appropriate written instrument
approved and executed by the Port Commission and accompanied by
security in accordance with law.
3355X(4) - 10/10/94
Prior to the execution of such instrument, the Executive Director
shall have authority to enter negotiations and shall apprise the
Port Commission of the progress of such nsgotiations; obtain
appropriate appraisals; provide for proper security; submit the
Agreement to Port Counsel for approval; and follow all other
applicable laws and Port Commission created Real Estate Policies
and Procedures.
C. Real Property Agreement Procedures:
The Executive Director is authorized to perform the following
actions without Port Commission approval, but must semi-annually
provide the Port Commission a report summarizing such actions:
1. Agreements having a term (including any options) of five
years duration or less may be approved and executed by the
Executive Director provided the Port's standard Agreement
form is used or, if no standard form exists, in a form
approved by Port Counsel; Agreement provisions conform to
the Port's Real Estate Policies and Procedures; and any
financial obligation to the Port does not exceed Two Hundred
Thousand Dollars ($200,000) and is within Authorized Budget
Limits.
3355Xc5) - 10/10/94
2. To the extent assignments, subleases, approvals, or options
are permitted in a basic Agreement, the same may be approved
and executed by the Executive Director, provided other
substantive provisions of the Agreement are unchanged
(except rental increases); any new option or options do not
result in an extension of the original term of the Agreement
(including original options) of more than five years;
appropriate rental adjustments consistent with Port Real
Estate Policies and Procedures are made; and any new
financial obligation to the Port does not exceed Two Hundred
Thousand Dollars ($200,000) and is within Authorized Budget
Limits. Other amendments to a basic Agreement may be
approved by the Executive Director if the scope of the
amendment meets the criteria set forth in this
Section I.C.l. and I.C.2.
3. Easements, licenses, access permits or other rights of entry
or use agreements ancillary to the normal operation of the
Port may be granted by the Executive Director provided there
is no new financial obligation to the Port. Permanent
easements which deprive the Port of substantial use of Port
property require Commission approval.
4. The Executive Director may approve reimbursements to Airport
tenants for work performed by such tenants to improve
Airport premises provided that the cost of such
reimbursement does not exceed Two Hundred Thousand dollars
($200,000) and is within Authorized Budget Limits; the
3355X(6) - 11/07/94
improvement shall not substantially alter the scope or
structure of the premises; the plans and specifications for
such improvements have been approved by the Port and the
work as completed is acceptable to the Port. The Executive
Director shall be responsible for implementing appropriate
procedures for ensuring that the costs of such improvements
are reasonable. In all cases in which tenant improvements
substantially alter the premises or the scope of the
premises, an appropriate lease amendment shall be executed.
5 . The Executive Director may approve agreements for the Port
to use property of others, including leases, rental
agreements, operating agreements, licenses, easements,
access permits, street use permits, rights of entry and
other use agreements; provided that funding for rental or
other resulting monetary obligation is within Authorized
Budget Limits, the term of such agreement does not exceed
five years (including options), and the total monetary
commitment of the Port over the term of any such agreement
(including options) does not exceed Two Hundred Thousand
Dollars ($200,000).
6. The Executive Director is charged with the responsibility to
ensure that all Agreement terms are complied with and is
authorized to take necessary measures t o cause compliance or
to protect the Port's legal position, including but not
limited to termination of an Agreement and the giving of all
notices provided for in an Agreement.
3355X(7) - 10/10/94
REAL PROPERTY AGREEMENT SECURITY AND INSURANCE:
The Executive Director is authorized to take all necessary actions on
behalf of the Port Commission in connection with Agreement surety
bonds, Letters of Credit, cash deposits or other legal security
(hereinafter referred to as "Agreement Security") and insurance
coverage required pursuant to any Agreements of the Port, including
any of the following actions:
A.
8.
C.
D.
Where the Agreement is not in default, to release any Agreement
Security where an adequate substitute Security has been
provided.
When an Agreement has been terminated (and all Agreement
obligations fulfilled) to release any Agreement Security.
To approve any Agreement Security or insurance submitted in
fulfillment of the requirements of any Agreement, including
substitute or replacement coverage for any terminated or expired
Agreement Security or insurance.
To approve any substitute or modification of insurance, and to
release any insurance company when substitute or replacement
insurance coverage has been provided.
3355x(8) - 10/10/94
REAL PROPERTY ACOUISITIONS AND DISPOSITIONS:
A. The Executive Director is authorized to obtain appropriate
appraisals for use in evaluating or negotiating any proposed Port
acquisition] sale or lease of real property or any lesser
interest therein.
B. After the Port Commission authorizes the acquisition of real
property by negotiated purchase or condemnation, the Executive
Director shall take all necessary steps, including executing all
required closing documents, to secure title of such property for
the Port. The acquisition price of individual properties (or
ownerships) shall in no case exceed the Port's appraisal by more
than ten percent (10%) without further specific Commission
approval. When several parcels are authorized for purchase by
the Port Commission, the total price paid for all such properties
shall not exceed the Port's appraisal by more than ten
percent (10%) without further specific Commission approval.
C. When the Port Commission authorizes the sale of Port real
property in accordance with RCW 53.08.090, the Executive Director
shall be empowered to take all other necessary steps, including
executing all required closing documents, and executing and
delivering conveyance instruments, to finalize the sale.
3355X(9) - 10/10/94
D. The Executive Director is authorized to make application for
vacation of City or county streets or roads, and to take all
other steps necessary to acquire a fee interest in street or road
ends ancillary to Port development, if the estimated acquisition
costs do not exceed Two Hundred Thousand Dollars ($200,000) and
are within Authorized Budget Limits.
CAPITAL PROJECTS/CONTRACTS FOR PERFORMANCE OF WORK: Work for capital
projects may be authorized on a project-wide basis or by individual
contract, utilizing the procedures outlined below.
A. Capital Proiect Authorization
1. Preliminary Work on Proiect Within Authorized Budget Limi
For projects which are within Authorized Budget Limits, the
Executive Director is authorized to conduct project
planning; scoping; permitting; and preliminary engineering
and environmental testing necessary to the projects(s)
without prior Commission approval, so long as the cost of
such activities does not exceed Two Hundred Thousand Dollars
($200,000), and the selection and payment requirements
referenced in Section VI are followed.
i
3355x(10) - 10/10/94
2. Final Commission Capital Project lruthorization
After preliminary planning, scoping and engineering has been
performed, and before funds in excess of Two Hundred
Thousand Dollars ($200,000) are expended on a project,
additional Commission approval shall be required. Such
additional Commission authorization may also constitute
final project authorization if, at the time of request for
such further Commission approval, the request includes
sufficient information necessary for the Commission to give
final project approval, and if the Commission gives final
approval. The information in such a request for final
approval shall include, but is not limited to: how the
project accomplishes established organizational objectives,
anticipated community or customer impacts, expected
financial return or other appropriate financial analyses,
the anticipated schedule for project completion, estimated
project costs, (including planning, architectural and
engineering, staff, construction contract and project
contingency costs) and project funding sources.
If it becomes apparent at any time that the project cannot
be completed within the authorized amount (including
contingency); that project delays will have negative
financial, community or business implications; or that there
has been a substantial change in project scope; additional
Commission authorization shall be required.
3355X(11) - 10/10/94
3. Reporting on Capital Projects
Unless the Commission requests more frequent reporting at
the time of final Commission authorization, the Executive
Director shall report quarterly to the Commission on the
progress and status of all capital projects (and major
contracts awarded therefor) approved under the procedure set
forth in this paragraph IV.
B. Individual Work Contract Authorization:
1. The Executive Director may, without prior Commission
approval, execute small works roster contracts where the
tots1 estimated contract price does not exceed the amount
authorized by R.C.W. 53.08.120, and so long as all statutory
procedures are followed and the work is within Authorized
Budget Limits. This includes the authority to issue change
orders up to the maximum contract amount authorized by
R.C.W. 53.08.120.
2. The Executive Director may, without Port Commission
approval, prepare plans and specifications, issue notice
calling for bids, award and accept contracts for work where
the total estimated cost of the project work does not exceed
Two Hundred Thousand Dollars ($ZOO,OOO), provided all
3355x(12) - 10/10/94
requirements of R.C.W. 53.08.120-135 are met, provided the
Commission shall be informed semi-annually as to such contracts,
and further provided that the project is within Authorized
Capital Budget Limits.
3. On contracts for work where the estimated cost of total project
work exceeds Two Hundred Thousand Dollars ($200,000), Commission
approval shall be required prior to the preparation of final
plans and specifications for any of such work. Request for
authorization to prepare plans and specifications shall include
an estimate as to the total cost of the project work and funding
sources.
4. When any emergency shall require the immediate execution of a
contract for work, the Executive Director, pursuant to the
procedures of R.C.W. 39.04.020, is authorized to make a finding
of the existence of such emergency and execute any contracts
necessary to respond to the existing emergency, provided that the
Executive Director shall, at the first Port Commission meeting
following the Executive Director's finding of the existence of an
emergency, request Port Commission ratification of the finding of
emergency and any contracts awarded and/or executed pursuant to
that finding. The Executive Director shall keep the Port
Commission informed of the development of the emergency situation
and the progress of any contracts executed to remedy the
emergency.
3355X(13) - 1 0 / 1 0 / 9 4
5. Change Orders:
Where contracts for the performance of work have been
individually awarded and under which the work is in progress, and
changes in plans and/or specifications are necessitated in order
to properly accomplish the work, the Executive Director is
authorized to execute change orders to the contract provided the
following conditions are met:
a. The estimated cost of the changes in plans and/or
specifications will not exceed Fifty Thousand Dollars
($50,000.00) or 15% of the contract price whichever is
less. However, when an individual change order issued under
any contract shall cause the total cash amount of change
orders to that contract to exceed a sum equal to 25% of the
original contract amount, such change order shall not be
issued without prior Commission approval and no future
change orders to said contract may be issued without
Commission approval.
b. The contract provides for issuance of change orders.
c. The individual change order has been approved and certified
by the project architect or engineer as being appropriate.
d. Any time extension for completion of said contract which
accompanies said change order does not exceed forty-five
(45) days.
3355X(14) - 10/10/94
e. A change order extending the contract time beyond forty-five
( 4 5 ) days where it is determined to be a result of fire and
other casualties not the fault of the contractor; strikes,
riots and other civil disorders; unsuitable weather, or
other act of God which results in suspension of work by
order of the Chief Engineer.
v. CONTRACT ADMINISTRATION/BID IRREGULARITIES
A. Except as provided otherwise, for all contracts for work for
which Commission approval has been obtained, (either on a
project-wide or individual contract basis), or for which the
Executive Director is authorized to contract without prior
Commission approval, the Executive Director is authorized to take
all further steps necessary for completion of the work, including
but not limited to publication of notice calling for bids, award
of contract, administration of contract (including execution of
contract change orders on projects which have received
project-wide authorization), acceptance of work and contract
closeout, provided that all requirements of R.C.W. 53.08.120-135
and all other applicable laws and Port policies are met.
B. In the event that the lowest responsible bid on any contract for
work in excess of Two Hundred Thousand Dollars ($2OO,COO) exceeds
the Engineer's estimate by more than ten percent (lo%), an award
is to be to other than the lowest responsible bidder, there is
3355X(15) - 10/10/94
VI.
material deviation from the Port's General Conditions, or a bid
is the subject of dispute, the Port Commission shall be notified
prior to award of contract. Port Commission approval shall be
required for the rejection of all bids. The Port Commission
shall be provided with a report surrmarizing contracts awarded
under this paragraph IV.A.3. on a semi-annual basis.
ARCHITECTURAL. ENGINEERING AND TECHNICAL SERVICES:
The Executive Director is authorized to contract with qualified
architectural, engineering, environmental and technical testing and
inspection firms licensed in the State of Washington to provide such
services as required for maintenance; preliminary engineering,
planning or project scoping; small projects of the Port; or for
similar purposes; so long as the fees for any single project or
closely related work do not exceed Two Hundred Thousand Dollars
($200,000) and are within Authorized Rudget Limits; provided, however,
for any such services not ancillary to capital projects included in
the Port's Annually Reviewed Capital Improvement Plan, such fees shall
not exceed Fifty Thousand Dollars ($50,000).
for all such services shall follow all required statutory procedures
and shall be consistent with normal estahlished fees paid for such
services. The Executive Director will endeavor to use a variety of
firms (including minority and women business firms) based on the
nature of the work and the expertise of the firms.
Selection and payment
3355x(16) - 10/10/94
VII. UTILIZATION OF PORT CREWS:
A. The Executive Director is authorized to use necessary workers for
operations and maintenance of facilities pursuant to Port
Commission approved labor agreements and the Pacific Coast
Longshoremen's and Warehousemen's, Clerks', and Foremen's
agreements (provided: longshore labor may be hired through
stevedoring contractors to provide services offered in Port
tariffs.) The Executive Director is authorized to apply for Port
membership in the Pacific Maritime Association.
B. The Executive Director shall be responsible for obtaining prior
Port Commission approval for work projects which are new
construction or major modifications of Port facilities to be
carried m t by Port crews when the total estimated cost exceeds
Two Hundred Thousand Dollars ($200,000).
VIII. CONTRACTS FOR ACOUISITION OF UTILITIES, MATERIALS, EOUIPMEMT AND
SUPPLIES :
The Executive Director shall have the responsibility for following all
statutory requirements and procedures in connection with all contracts
for the acquisition of goods and services. Goods and services may be
acquired on the open market, pursuant to published tariffs, or by
competitive bidding when required, for the normal maintenance and
operations of the Port without prior Port Commission approval so long
3355x(17) - 10/10/94
as, where appropriate, such acquisitions shall be approved as a part
of normal monthly expenses and shall be within Authorized Budget
Limits. The Executive Director may execute contracts for such
acquisitions, subject to the following conditions:
A. The contract or purchase order price for one year does not exceed
Two Hundred Thousand Dollars ($200,000) or, the amount
specifically included in the Port's Annually Approved Capital
Budget or current annual operating budget and the contract
provides for no more than four (4) options to extend the contract
term for one (1) year periods, provided that the cost associated
with any contract extensions must be within Authorized Budget
Limits.
B. Where competitive bidding is applicable, the award is made to a
bidder who has submitted a proposal based on the plans and
specifications on file, or, where permissible, based upon his own
plans and specifications and accompanied by a bid proposal
deposit as may be required, and which is, as nearly as
practicable, in accordance with the requirements of RCW 53.08.120.
C. Where competitive bidding is applicable, the successful bidder
has provided, where required, a performance bond with sureties
which comply with the requirements of the applicable law.
3355X(18) - 10/10/94
IX . REIMBURSABLE SERVICES:
The Executive Director is authorized to enter into agreements under
which the Port will provide reimbursable services to others and for
which the Port will receive reimbursement, when such services are part
of normal Port operations or incident thereto.
X. PROFESSIONAL AND CONSULTANT SERVICES:
Except as provided in Section VI of this Exhibit A, the Executive
Director shall be responsible for obtaining professional and
consultant services where deemed necessary in carrying out normal Port
operations and provided all applicable legal requirements are met.
The Executive Director may arrange for such services where the
estimated cost of the proposed service does not exceed the amount of
One Hundred Thousand Dollars ($100,000) provided all such arrangements
shall be reported to the Port Commission semi-annually.
XI. LEGAL SERVICES AND OTHER REPRESENT-:
The Executive Director or the General Counsel shall be responsible for
management and supervision of all legal services required by the Port
and for litigation in which the Port has an interest, direct or
indirect. For purposes of this section, "litigation" shall mean the
assertion of any position, right or responsibility by or against the
Port (or in which the Port may have an interest) which has been filed
in any court of general jurisdiction, be i.t state or federal, or any
quasi-judicial or administrative forum.
3355x(19) - 10/10/94
A. Lepal Services:
The Executive Director is authorized to retain, or to cause to be
retained through the General Counsel, attorneys or law firms, or
other appropriate legal representatives as necessary, to provide
(or assist in the provision of) legal services. Retained legal
counsel may act solely on behalf of the Port or jointly with
other interested parties under appropriate agreements. Payment
for legal or related services generally shall be by fixed annual
retainers or by reimbursement not to exceed established hourly
rates plus expenses. Fixed annual retainers shall be set by the
Executive Director based on the level of services required and
the current cost of legal services in this area; provided that
any such annual retainer or total annual payment for services in
any legal matter which exceeds Two Hundred Thousand Dollars
($200,000) shall be reported to the Commission.
B. Engagement of Experts:
The Exewtive Director may engage, or cause to be engaged through
the General Counsel, such experts as may be necessary to the
orderly preparation of litigation or evaluation of legal matters
in which the Port has a direct or indirect interest, without
limitations otherwise prescribed in Section X above. Such
engagement shall be upon authorization given by the General
3355x(20) - 10/10/94
Counsel after having been satisfied that such expenditure is
necessary to the adequate evaluation, preparation and
representation of the Port's position in such litigation or other
legal matters and shall wherever practicable include an estimate
of the probable cost of such experts.
C. Settlement:
Unless otherwise specified herein any matter which is the subject
of litigation may be compromised and settled by the Executive
Director provided that the settlement amount (or, in the case of
a claim being pursued by the Port, the amount of the claim to be
waived, released or compromised) does not exceed Two Hundred
Thousand Dollars ($200,000) and that the General Counsel shall
certify to the Executive Director that such compromise and
settlement is justified on the basis of the following:
a. Claims filed against the Port:
i) the likelihood that a judgment rendered in the
case would be in the amount claimed, or higher
than the amount claimed, or that there is
reasonable cause to believe that there is
considerable exposure of liability for the Port;
or
3355XC21) - 10/10/94
ii) the likelihood that the expenses involved in
litigation would be unnecessarily high in
relation t o the amount claimed, or the likely
result.
b. Claims filed on behalf of the Port:
that the determination to settle the claim
outweighs the risk of resorting to litigation; or
that the settlement of the claim would provide
prompt payment to the Port and eliminate
extensive delays; or
the proposed offer of settlement is reasonable in
light of the claiiu asserted.
XII. ADJUSTMENT AND SETTLEMENT OF CLAIMS
(except claims which are in litigation):
The Executive Director shall be responsible for the observance of
necessary procedures whereby the adjustment and final settlement of
all claims, either against or on behalf of the Port, shall be carried
out. Necessary procedures in the handling of such claims shall
include the following:
3355x(22) - 10/10/94
A. For purposes of this section, "Claim" shall mean the assertion of
any position, right or responsibility by or against the Port, but
not including (1) accounts receivable to the extent covered in
Section XIII, or (2) claims asserted by or against the Port which
are in litigation as defined in Section XI above.
B. No claims against the Port shall be considered unless and until
proper notice and credible evidence of loss or damage has been
provided by the claimant to the Port.
C. Claims which in the opinion of the Executive Director have the
potential to exceed Two Hundred Thousand Dollars ($200,000) shall
be reported to the Port Commission as they arise. Any individual
claim which exceeds Two Hundred Thousand Dollars ($200,000) may
be processed in all respects (except for final approval and
payment) by the Executive Director or the General Counsel.
D. Any single claim not exceeding Two Hundred Thousand Dollars
($200,000) may be adjusted and settled and paid by the Executive
Director provided that all of the following conditions are met:
1. The General Counsel shall certify to the Executive Director
that payment of the claim is justified on the basis of the
following:
a. Claims against the Port:
3355X(23) - 10/10/94
i) a substantial likelihood that the Port is or
could be found liable; or
the likelihood that a judgment rendered in the
event of litigation would be in the amount
claimed, or higher than the amount claimed, or
that there is reasonable cause to believe that
there is considerable exposure of liability for
the Port; or
ii)
iii) The likelihood that the expenses involved in
litigation would be unnecessarily high in
relation to the amount ciaimed, or the likely
result.
b. Claims on behalf of the Port:
i)
ii)
iii)
that the determination to settle the claim
outweighs the risk of resorting to litigation;
that the settlement of the claim would provide
prompt payment to the Port and eliminate
extensive delays;
the proposed offer of settlement is reasonable in
light of the claim asserted.
2. A l l such claims, when paid, shall be reported to the Port
Commission semi-annually.
3355x(24) - 10/10/94
XII. &COUNTING AND AUDITING SERVICES:
The Executive Director is authorized to retain necessary services from
nationally recognized accounting and auditing firms. Such services
shall include the annual audit, audit of leases, Federal, State or
local grant funds, and the audit of passenger facility charge receipts
and other funds or contracts, and other appropriate accounting
services as required, at established rates for such services in this
area. Additionally, the Executive Director is authorized to retain
such accounting and auditing services from local accounting and
auditing firms at established rates; provided the fees for all
accounting and audit services do not exceed Two Hundred Thousand
Dollars ($200,000) annually for the Port's annual audit and Two
hundred Dollars ($200,000) for the total of all other such services.
XIII. ADJUSTMENT AND WRITE-OFF OF ACCOUNTS RECEIVABLE:
The Executive Director is authorized to establish procedures to:
(1) make adjustments to accounts receivable for valid business reasons
which do not constitute a gift of public funds, or (2) to write off
any uncollectible account which does not exceed Two Hundred Thousand
Dollars ($200,000).
Prior to adjusting or writing off of any account receivable or
uncollectible, the Executive Director shall be satisfied that every
reasonable effort has been made by the staff to resolve or accomplish
3355X(25) - 10/10/94
the collection of the account. For those accounts that fail to make
payment, the Executive Director shall authorize the General Counsel to
bring action in courts of law, or if more appropriate, to assign the
same to collection agencies in an attempt to collect such accounts.
If, after attempting all normal account collection procedures, the
account Is still uncollectible after 180 days or more, the Executive
Director shall be authorized to provide for writing off such an
account. Any account in excess of Two Hundred Thousand Dollars
($200,000) which is deemed to be uncollectible shall be referred to
the Port Commission for final approval of writing off that account.
XIV. INVESTMENT OF TEMPORARILY IDLE PORT FUNDS:
For purposes of this section, "Temporarily Idle Port Funds" shall mean
those funds which are not required for immediate expenditure. The
Executive Director is authorized to direct the King County Treasurer,
or Port Treasurer or financial consultant if the Port is authorized by
law to perform its own treasury functions and elects to do so, in
accordance with applicable law relating to the investment of public
funds, in the investments of temporarily idle Port funds. These
directives include, but shall not be limited to, investments in
authorized government securities, sale of such investments, and
necessary interfund transfers. A summary report of all investments,
sales and interfund transfers shall be provided to the Port Commission
semi-annually.
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xv. INSURANCE PROGRAMS:
XVI .
The Executive Director shall be authorized to negotiate and obtain
appropriate policies of insurance to cover Port property, liability,
employee coverages, and other areas appropriately included within a
comprehensive insurance program. The Executive Director is authorized
to approve changes or modifications within that program or individual
policies including provision for self-insurance or deductibles. The
Port Commission shall be informed of the Port's comprehensive
insurance program, including any changes or modifications, as they
arise.
TRADE DEVELOPMENT PROGRAMS:
The Executive Director is authorized, consistent with statutory
limitations, to develop and carry out programs of trade development
(which may include tourism and tourism promotion), advertising
(including the use of advertising firms within budgetary authority),
and promotion of the Port, including its properties, facilities and
services. This may include participation in programs and agreements
designed to provide shippers which use or may use the Port of Seattle
with the most competitive service and lowest possible freight rates
including negotiation of warehouse rates, consolidation of traffic and
prepayment of freight charges by the Port, and all necessary
activities related to the intermodal movement of interstate and
foreign cargo. Such programs of trade development and promotion shall
be reviewed by the Port Commission from time to time so it may be
informed as to changes which occur.
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XVII. ISSUANCE OF TARIFFS:
The Executive Director is authorized to issue tariffs and tariff
amendments as necessary, provided the Port Commission will be provided
notice of adjustments prior to implementation.
XVIII. RULES AND REGULATIONS:
The Executive Director is authorized to adopt any administrative rules
and regulations necessary for the efficient operation of the Port so
long as such rules and regulations are reported to the Port Commission
prior to implementation. Resolution No. 2801, as amended, established
certain rules and regulations relating to Seattle-Tacoma International
Airport. All amendments to the rules and regulations established
therein may hereafter be made by the Executive Director, so long as
such amendments are reported to the Commission prior to implementation.
XIX. AFFIRMATIVE ACTION AND EOUAL EMPLOYMENT:
It j s the basic policy of the Port of Seattle to provide equal
opportunity to the users of all Port services and facilities, all
cont.racting entities, Port employees and applicants for employment,
and to assure that there be absolutely no discrimination against any
persons on grounds of race, creed, color, national origin, sex, sexual
orientation, marital status, age, or the presence of any sensory,
mental, or physical handicap. This policy is to be implemented
3355X(28) - 10/10/94
xx.
by the Executive Director as more specifically set forth by
Resolution of the Port Commission or in Port policies covering
affirmative action, equal employment opportunity and women,
minority and disadvantaged business participation in Port
contracts.
TRAVEL OF EMPLOYEES AND OTHER AUTHORIZED REPRESENTATIVES OF THE PORT:
The Executive Director is authorized to approve travel by employees
and/or other authorized representatives of the Port in order to
effectuate necessary normal Port operations, provided that
reimbursable personal travel expenses for an individual trip shall not
exceed Five Thousand Dollars ($5,000) within the continental United
States or Ten Thousand Dollars ($10,000) internationally, and provided
that the Commission shall be advised semi-annually of major travel
made by Port staff.
XXI . SALE OF PERSONAL PROPERTY:
Within the dollar limitation set out in RCW 53.08.090, the Executive
Director is authorized to sell and convey surplus personal property of
the Port pursuant to the requirements of R.C.W. 53.08.090 or
RCW 39.33.010. In no case shall surplus personal property of the Port
be sold to any Port Commissioner or Port employee or to members of
their immediate families without the specific approval of the Port
Commission.
0 1
3355X(29) - ll/Blr/94
r 1.5
XXII. IMPREST WORKING FUNDS: (Petty Cash and Change Funds)
XXIII
The Executive Director is authorized to establish various working
funds, provided the total deposited to any fund shall not exceed
Thirty Thousand Dollars ($30,000).
provide for petty cash purchases and/or change funds, and the dollar
amount of outstanding funds shall be recorded on the Port of Seattle
Trial Balance as General Fund Cash on Hand. The Executive Director is
also authorized to establish and maintain procedures for the creation
and control of petty cash and change funds.
The working funds generally
GENERAL INTERPRETATION
A. Statutory References. All statutory references in this Exhibit
"A" shall mean the cited statute as it existed on the date of
adoption of Resolution No. 3181 or as such statute may be
hereafter amended or succeeded.
B. Within Authorized Budnet Limits. With respect to capital
projects, improvements or acquisitions, the term "within
Authorized Budget Limits" means that the project, improvement or
acquisition is:
a. Included in the Port's Annually Approved Capital Budget, or
3355X(30) - 10/10/94
b. Included in the Port's Annually Reviewed Capital Improvement
Plan and associated costs shall not cause the Port to exceed
the total approved dollar limit of the current AMUally
Approved Capital Budget.
With respect to non-capital expenditures, the term "within
Authorized Budget Limits" means that the expenditure is included
in (or will not cause the Port to exceed) the total approved
dollar limit of the Port's current annual operating budget.
6 . Annually Approved Capital Budzet -The "AMUally Approved Capital
Budget" means the list of capital projects including small works
projects) and the projected total dollar amount of upcoming
budget-year spending associated wjth those projects which is
presented to, and reviewed by, the Port Commission as part of the
budget review process (i.e., the first year of the Capital
Improvement Plan), or as subsequently amended by the Commission
during the budget year.
D. Annually Auuroved Cauital Improvement Plan - The term "Annually
Approved Capital Improvement Plan" means the five-year projection
of capital projects (including small works projects) and
associated expenditures which is developed and maintained as a
planning tool for Port capital investment and which is reviewed
by the Port Commission annually as part of a Plan of Finance and
budget review process, or as subsequently amended by the
Comniission during the budget year.
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E. Goods and Services - For purposes of Section VIII, tne term
"Goods and Services" means natural resources; equipment;
materials; supplies; or other finished goods or products;
utilities and utilities-related services (including services
provided by public agencies); and maintenance, security and other
miscellaneous services (excluding professional or consultant
services, or other categories of services specifically provided
for in this Resolution).
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