Item 7g Supp
ITEM NO: 7 g DATE OF MEETING: April 21, 2009 Port of Seattle Internal Reforms McKay Recommendations Status Report April 21, 2009 Team Approach Deputy CEO/General Counsel/ Director, Capital Development/Chief Procurement Officer Seven Recommendations Tracked and Updated Regularly in Matrix Format A. Implement a robust compliance program B. Ensure all procurement processes comport with port policy and state and federal law C. Increase Legal department involvement in procurement processes D. Ensure Legal department involvement is appropriately documented E. Centralize procurement document management system F. Standardize project manual provisions G. Include an enforceable audit provision in all contracts that survives termination of the contract. 2 McKay Recommendations A. Implement a Robust (ethics) Compliance Program Work team organized, including outside consultants: Davis Wright Tremaine Interim Report, Dated April 2, 2009, approved by CEO, now on Port website. o Recommended Programmatic Approach "Workplace Responsibility" o Draft work plan and schedule included 3 Statement of Values ICT Appropriate Use Whistleblower Protection Ethics Policies Fraud Awareness Anti-harassment Training & Communications Compliance & Accountability 4 Workplace Responsibility Next Steps Phase I Phase II Phase III Research/Drafting Outreach Finalization April 15 June 15 June 15 Sept 15 Sept 15 Dec 1 Complete Drafts Internal Engagement Complete Training Plan & Curriculum Statement of Values Employees ~ Statement of Values Code of Conduct Complete Port Management ~ Communications Plan Complete Policy Code of Conduct Refresh Complete Internal External Targeted Reorganization to Align Develop Outreach With New Compliance Compliance Options Municipal League Structure Port Ethics Board Members McKay Team? 5 SAO? McKay Recommendations B. Ensure all procurement processes comport with Port policy and state and federal law: Ongoing Identify applicable law: Federal, State, best-practices Port resolutions, policies and procedures define requirements Work processes detail steps and assign responsibilities Training informs employees and refreshes knowledge Quality control and quality assurance ensure compliance. 6 McKay Recommendations C. Increase Legal Department involvement in procurement processes Legal review requirements are included in CPO#1 Procurement Policy CDD, CPO and Legal now meet every two weeks to identify and discuss key issues D. Ensure Legal department involvement is appropriately documented Legal department has implemented a written procedure fir delivering and recording legal opinions. 7 McKay Recommendations E. Centralize Procurement Document Management System: Policy April 2009, Implement by December. Procurement File and Contract Administration File Central listing of locations Defined contents, maintenance, retention. F. Standardize Project Manual Provisions: Implement by December 2009. Project manual is the sum of project-related design, construction and contracting processes Intranet-based index of separate procedures ensures consistency and avoids redundancy. 8 McKay Recommendations G. Include an enforceable audit provision in all contracts that survives termination of the contract: Complete The Contractor's and all subcontractor's (at all tiers) original accounting records, bid documents, and all other relevant records pertaining to any work performed under this Contract, are subject to audit by representatives of the Port during the life of the Contract and for a period of not less than three (3) years after the date of Final Acceptance or termination thereof, and the Contractor shall retain such records for that period. 9
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