Interlocal Agreement Mapping and Risk Special Project
INTERNAL AUDIT To: Ryan Calkins, Commissioner Stephanie Bowman, Commissioner Chris Gehrke, Public Member From: Glenn Fernandes, Director, Internal Audit Date: May 7, 2020 Subject: Interlocal Agreement (ILA) Mapping and Risk Ranking Background At the December 9, 2019, Audit Committee, Commissioner Calkins requested a listing of Port ILA's to obtain a high-level understanding of how the deliverables are tracked and whether they are met. An interlocal agreement is a written contract between local government agencies such as a city, a county, a school board or a constitutional office. Any time a public service involves the joint operations and budgets of two or more local government agencies, an ILA must be created and approved by all sides. The Revised Code of Washington 39.34.040 states: "Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the county auditor or, alternatively, listed by subject on a public agency's web site or other electronically retrievable public source." Commissioner Calkins request was made to lay the ground work for perhaps an audit in 2021 and included the following deliverables: 1) A mapping of the responsible department to each ILA, and 2) A ranking by risk Approach Internal Audit (IA) obtained the listing of current ILA's from the Port's publicly facing source. The listing contained 36 agreements. The Central Procurement Office provided hard copies of each agreement and assisted IA in determining the responsible department. Risk was assessed using three criteria: 1) Financial (weighted at 50%): A rating of one was assigned if the Port liability was less than $1,000,000; a rating of two between $1,000,000 and $4,999,999; a rating of three greater than $5,0000,000. 2) Legal (weighted at 30%): A rating of one for an agency to agency agreements; a rating of two if the agreement was binding by state issued court order; a rating of three if the agreement was binding by a federal court order. 3) Complexity (weighted at 20%): A rating of one was given if the ILA was advisory in nature or required a study; a rating of two for construction related; a rating of three for environmental cleanup of hazardous waste. Results Appendix A (below) lists the 36 ILA's, ranked from highest to lowest risk. We intend to incorporate this analysis into our annual risk assessment when developing our 2021 audit plan. We will then select a sample of ILA's which we will audit to assure compliance to stated deliverables. 1 INTERNAL AUDIT Appendix A Compl Financial Legal exity Weighted ILA Initial Agreement Risk Rating Rating Overall Number Agency Name & Purpose Port Department Financial Liability ($) (50%) (30%) (20%) Risk Score I-00319477 US Environmental Protection Sea-Port Port to settle the cost of 2 3 3 2.5 Agency - T108 Preliminary Environmental the assessment. Assessment Penalty Clause; $ 1,000 per day for 1-14 days $ 2,500 per day for 15-30 days $ 5,000 per day 31st day and beyond I-00318335 City of SeaTac Des Moines Creek Aviation Project $12,713,548 3 1 3 2.4 Restoration Projects Management Group I-00318544 WA State Department of Ecology - Aviation Reimbursement of actual 2 2 3 2.2 Decree for Lora Lake Apartments Environmental costs Clean Up I-00316917 WA State Department of Ecology - Maritime Not specified. Port to 2 2 3 2.2 Agreed Order for North T117 Environmental reimburse actual costs I-00319353 City of SeaTac Surface Water Aviation $29,000,000 for 10 years 3 1 2 2.2 Management, Quality Assurance and Community Relief I-00319798 City of SeaTac - Safe & Swift External Relations $15,000,000 3 1 2 2.2 Corridor Program focused on 2 INTERNAL AUDIT moving cargo, cars, transit and cyclists safely and swiftly on city streets I-00319797 City of SeaTac - S Lander St Grade External Relations $5,000,000 3 1 2 2.2 Separation Project - Construction of a bridge on S Lander St I-00318935 City of SeaTac - Heavy Haul with External Relations $10,000,000 3 1 2 2.2 City of Seattle - Legislation of $20,000,000 heavy haul network I-00317352 US Environmental Protection Maritime All future response costs 2 3 1 2.1 Agency - 117 EAA NTCRA Environmental Penalty Clause; Implementation $ 1,000 per day for 1-7 days $ 2,000 per day for 8-14 days $ 3,500 per day 15-30 days $ 7,500 per day 31-90 days I-00320124 The Northwest Seaport Alliance - SeaPort Economic $ 3,826,498 annually 3 1 1 2 Usage of Portion of Terminal 46 Development/Rea (Contract Value = l Estate $88,000,000 for the 23 years) I-00317744 King County - Jail Service Police Department $1,700,000 3 1 1 2 I-00319841 City of Des Moines - Construct Aviation Project $1,500,000 2 1 2 1.7 transportation improvements to Management South 216th Street Group I-00319799 City of Kent - 228th St Grade External Relations $1,190,000 2 1 2 1.7 Separation I-00318903 City of Seattle - Storm Water Utility SeaPort $3,993,000 2 1 2 1.7 Operations Environmental 3 INTERNAL AUDIT I-00319556 Seattle Community College- Video External Relations $1,200,000 2 1 1 1.5 Services I-00318139 Us Army Corp of Engineers Seattle Maritime $1,500,000 2 1 1 1.5 District - Harbor Navigation Environmental Improvement Study I-00317509 King County Emergency Med Fire Department $535,600 1 1 2 1.2 Service - Advanced Life Support Ems I-00320147 King County Dept of Natural Aviation $42,000 1 1 1 1 Resources - Conduct services to Environmental support the Port in conducting activities for the Des Moines Creek Basin Restoration project I-00320038 USDA APHIS FSO ACCTG SVCS - Aviation Goods or services on a 1 1 1 1 conduct wildlife damage Operations - cost recovery basis management to minimize wildlife Wildlife strike hazards to aircraft, threat to human health and safety & property damage I-00319680 King County Finance Division - Human Resources $380,642 1 1 1 1 2019 ORCA Program I-00320064 Washington State Dept of Aviation Project $400,000 1 1 1 1 Transportation - traffic study to Management evaluate practical solutions to Group address traffic on SR 516 I-00319557 Vancouver Fraser Port Authority - Maritime $16,845 1 1 1 1 Clean Air Strategy Review & Environmental Update I-00319554 U S Dept of Homeland Security - Aviation As billed by CBP 1 1 1 1 Support the joint reimbursable Operations program at SEATAC as agreed in the Reimbursable Services Agreement 4 INTERNAL AUDIT I-00319300 City of Tukwila - Commute Trip Aviation $12,500 1 1 1 1 Reduction Program with Tukwila by Environmental implementation of Transportation Demand Management strategies I-00319655 The Northwest Seaport Alliance - Maritime $50,000 1 1 1 1 development of an information Environmental database & report concerning maritime sources of air emissions throughout Puget Sound area I-00318619 Puget Sound Regional Fire Fire Department Labor rate of $101 per 1 1 1 1 Authority - Fire Vehicle hour subject to a limit of Maintenance Services $300,000 annually I-00318695 City of Seattle - Project Facilitation Maritime $230,000 1 1 1 1 Services Environmental I-00318730 The Northwest Seaport Alliance - Maritime The cost is as defined in 1 1 1 1 POS/NSWA Staff Support Services Environmental the Exhibits (exhibits are 2016 not available) I-00318338 WA State Dept Of Ecology - WCC Aviation $700,000 1 1 1 1 Natural Resources Projects Environmental I-00317613 Highline Community College - Economic $30,000 1 1 1 1 Small Business Development Development Center and Business Development Services I-00316732 King County Dept of Natural Aviation Port to reimburse actual 1 1 1 1 Resources - Surface Water Environmental costs Management Related Technical Services I-00317973 US Federal Aviation Admin - Aviation $30,000 1 1 1 1 Reimbursement of Runway Reconstruction 16c/34c 5 INTERNAL AUDIT I-00317767 WA State Dept Of Ecology - Water Maritime $641 per year 1 1 1 1 Quality Program Municipal Environmental Stormwater Permits I-00317038 King County Finance Division Small Economic $12,900 per year 1 1 1 1 Business Contractors and Suppliers Development (SCS) Certification I-00316675 Port of Tacoma - Staffing Maritime Labor Rate of $109 per 1 1 1 1 Resources Environmental hour I-00318052 King County Finance Division Maritime $75,000 1 1 1 1 Environmental Category Score Weighting 1. Financial Amount Below 1,000,000 1 1,000,000-4,999,999 2 50% 5,000,000 and Above 3 2. Legal Score Weighting Mutual Agreement 1 State Order 2 30% Court Order/Federal Order 3 3. Complexity Score Weighting Studies, Advisory etc. 1 Construction Projects 2 20% Environmental clean-up involving hazardous material 3 6 INTERNAL AUDIT 7
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