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HomeMy WebLinkAbout2023.03.21 PPFD Meeting PacketPasco Public Facilities District Board Building Regional Facilities through Community Partnerships AGENDA 4:00 PM - Tuesday, March 21, 2023; Pasco City Hall, Council Chambers REMOTE MEETING INSTRUCTIONS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of each meeting. To listen to the meeting via phone, call (562) 247-8321 and use access code 826-010-306. PPFD Board meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. Page I. Call To Order and Roll Call II. Recognition of Visitors/Public Comments - This item is provided to allow the public the opportunity to bring items to the attention of the Pasco Public Facilities District Board or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Board over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Public comments will normally be limited to three minutes by each speaker. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the PPFD Board outside of formal meeting s. III. Approval of Minutes 3 - 5 A. Approve PPFD Board February 21, 2023, Meeting Minutes MOTION: I move to approve the PPFD Board minutes from the February 21, 2023, meeting. IV. Claims Approval V. Financial Report VI. Reports from Committees A. Design & Construction Committee (Marie Gillespie & Mark Morrissette) B. Audit & Finance Committee (Mark Morrissette & Caroline Bowdish) Page 1 of 13 VII. Old Business 6 - 13 A. Resolution No. 2023-03 - Approval Interlocal Agreement with City of Pasco (Ratkai) MOTION: I move to approve Resolution No. 2023-03, to establish the Interlocal Agreement between the Pasco Public Facilities District and the City of Pasco for Administrative, Financial, and Legal Services. VIII. New Business A. Potential Aquatics Facility Locations 1. Introduction, Overview, and Drone Video (Watkins) 2. Owners Presentations a. Broadmoor Development Lots 19 & 22 @ Road 108 (Tim Ufkes & Austin Crawford) b. Youngs @ Chapel Hill (Nick Wright) c. LifeQuest @ Road 68 (Carl Cadwell) 3. Board Discussion IX. Other Business A. PPFD Executive Director Report (Watkins) 1. Owner's Representative RFQ Status & Evaluation Team Planning B. Update Related to Work Groups to Support PPFD Board Members (Ferguson) X. Executive Session XI. Adjournment Page 2 of 13 Pasco Public Facilities District Board MINUTES 4:00 PM - Tuesday, February 21, 2023; Pasco City Hall, Council Chambers CALL TO ORDER AND ROLL CALL Pasco Public Facilities District (PPFD) President Morrissette called the meeting to order at 4:07 PM. Board Members Present: President Mark Morrissette; Vice President Marie Gillespie; Secretary/Treasurer Caroline Bowdish (arrived at 4:10 PM); Board Member Leonard Dietrich; and Board Member Spencer Jilek Board Staff Present: PPFD Executive Director Matt Watkins City Council & Staff Present: City Attorney Eric Ferguson and City Clerk Debby Barham APPROVAL OF MINUTES Approve PPFD Board January 17, 2023, Meeting Minutes MOTION: Ms. Bowdish moved to approve the January 17, 2023, Pasco Public Facilities District Board meeting minutes. Dr. Jilek seconded. Motion carried unanimously. REPORTS FROM COMMITTEES Design & Construction Committee (Marie Gillespie & Mark Morrissette) No report. Audit & Finance Committee (Mark Morrissette & Caroline Bowdish) Mr. Morrissette reported on a recent meeting he had with the City of Pasco's Finance Director and Finance Manager along with the PPFD Executive Director regarding developing a monthly cash flow report, fiscal calendar, and developing a detailed budget. Next, Mr. Morrissette asked if additional community members could participate in the subcommittees. Mr. Ferguson responded with a no, because the PPFD Bylaws, as currently written, do not allow for other community members to participate in the PPFD Board subcommittees. Page 1 of 3Page 3 of 13 Discussion between the PPFD Board and staff continued and included: 1. the need for additional individuals to provide input related to development of building of the aquatic facility, 2. the long range makeup of the PPFD Board, and 3. when the work transitions from building the aquatic facility to operating and maintaining the facility. OLD BUSINESS Update of Proposed Interlocal Agreement with City of Pasco Mr. Watkins provided a brief report on the draft Interlocal Agreement (ILA) between the City of Pasco and the PPFD. He stated that the final ILA will be brought back to the PPFD Board for approval at their March 2023 meeting. In the meantime, Mr. Watkins requested that if the PPFD Board has any amendments to it, to provide them to Mr. Watkins in the next few weeks. The PPFD Board responded by stating that they were ready to approve it at the current meeting. However, Mr. Ferguson stated that it would need to come back for approval at the next meeting so that the item could be properly noticed to the public. This item will return at the March 21st Meeting for approval by resolution. Approval of Service Provider Process Mr. Ferguson provided a brief report related to formalizing the approval of the Service Provider Process by resolution as required by the Revised Code of Washington (RCW) for Public Facilities Districts. MOTION: Dr. Jilek moved to approve Resolution No. 2023-01, establishing the process for procurement of Service Provider Agreements. Mr. Dietrich seconded. Motion carried unanimously. Approval of Posting Owner's Representative Requests for Qualifications (RFQ) Mr. Watkins provided a brief report on the the request to post the Owner's Representative Requests for Qualifications (RFQ) and later evaluate the submissions. If approved, the RFQ process will start on February 22, 2023. MOTION: Dr. Jilek moved to approve Resolution No. 2023-02, approving the posting of the Owner's Representative Request for Qualifications commencing on February 22, 2023, as amended. Mr. Dietrich seconded. Motion carried unanimously. Page 2 of 3Page 4 of 13 OTHER BUSINESS PPFD Executive Director Report Mr. Watkins provided a brief update regarding potential sites for the aquatic facility and stated that detailed information will be ready for the March 2023 PPFD Board meeting. Mr. Watkins also provided a brief recap regarding a meeting with Kennewick Pub lic Facilities District, noting that Mr. Ratkai, Ms. Buckley and Ms. Garcia attended it. ADJOURNMENT There being no further business, the meeting was adjourned at 5:28 pm. PASSED AND APPROVED THIS ___ DAY OF __________, 20__ APPROVED: Mark Morrissette, President Debra Barham, CMC Page 3 of 3Page 5 of 13 Resolution – ILA with COP - 1 RESOLUTION NO. 2023-03 A RESOLUTION OF THE PASCO PUBLIC FACILITIES DISTRICT BOARD, APPROVING A NEW INTERLOCAL AGREEMENT WITH THE CITY OF PASCO FOR ADMINISTRATIVE, FINANCIAL AND LEGAL SERVICES. WHEREAS, the Pasco Public Facilities District (PPFD) was duly formed pursuant to Chapter 35.57 of the Revised Code of Washington on July 15, 2002, by the adoption of City of Pasco (City) Ordinance No. 3558, and granted all powers provided by law pursuant to RCW 35.57.010; and WHEREAS, on February 19, 2013, the PPFD and the City entered into an Interlocal Agreement for Administrative Services; and WHEREAS, after years of planning, on April 26, 2022, the PPFD Ballot Proposition No. 1, imposing 2/10 of 1% sales and use tax for the purpose of providing funds for the costs associated with the design, construction, and operation of an indoor/outdoor aquatic center including a competition pool, was submitted to the voters of the District through the Franklin County Auditor’s Office, and the same did pass by a majority vote of those voting within the District; and WHEREAS, the PPFD Resolution No. 2022-03 provided for the implementation of Voter Authorized Tax. The Board of Directors of the PPFD shall implement the voter authorized two - tenths of one percent (2/10 of 1%) sales and use tax consistent with RCW 82.14.048 for the purpose of providing funds for the costs associated with the design, construction, and operation of an indoor/outdoor aquatic center including a competition pool; and WHEREAS, with the approval of the Ballot Proposition No. 1 and the receipt of the voter authorized 2/10 of 1% sales and use tax, there is a need to end the current Interlocal Agreement with the City for administrative services and implement a new Interlocal Agreement with the City for the purpose of assisting the PPFD with the design and construction of an indoor/outdoor aquatic center as well as continue with the administrative services for the PPFD. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PASCO PUBLIC FACILITIES DISTRICT as follows: Section 1. The Pasco Public Facilities District Board of Directors does hereby approve the new Interlocal Agreement with the City of Pasco for administrative, financial, and legal services, attached hereto as Exhibit A. Section 2. This new Interlocal Agreement replaces the Interlocal Agreement executed in February 2013. Section 3. That this Resolution shall take effect immediately. Page 6 of 13 Resolution – ILA with COP - 2 PASSED by the Pasco Public Facilities District Board of Directors, of Pasco, Washington, this _____ day of March, 2023. PASCO PUBLIC FACILITIES DISTRICT __________________________________ Mark Morrissette, Board President ATTEST: APPROVED AS TO FORM: _________________________________ _______________________________ Caroline Bowdish, Secretary/Treasurer Kerr Ferguson Law, PLLC Pasco Public Facilities District Attorney for PPFD Page 7 of 13 P a g e | 1 INTERLOCAL AGREEMENT between THE CITY OF PASCO, WASHINGTON and THE PASCO PUBLIC FACILITIES DISTRICT for ADMINISTRATIVE, FINANCIAL, AND LEGAL SERVICES THIS AGREEMENT, is made and entered into this ___ day of ________________, 2023 between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as the "City"; and the Pasco Public Facilities District, a Municipal Corporation, hereinafter referred to as "District" and agrees to the following terms: WHEREAS, the District was created pursuant to Chapter 35.57 of the Revised Code of Washington for the purposes of acquiring, constructing, operating and financing one or more regional centers through cooperative and joint ventures with one or more qualifying public facilities district; and WHEREAS, the District possesses, by law, all of the usual powers of a corporation for public purposes, as well as all other powers that may now or hereafter be specifically conferred by statute, including but not limited to the authority to hire employees, staff, and services, as well as to enter into contracts and agreements; and WHEREAS, the District desires to contract with the City of Pasco for the purpose of securing those services necessary for fulfillment of the District' s functions. NOW THEREFORE, in consideration of the mutual covenant contained herein, the parties agree as follows: SECTION I PURPOSE The purpose of this Interlocal Agreement is to create a cooperative basis upon which the Board may utilize the personnel, services, and resources of the City to fulfill its statutory function and to provide the basis of compensation to the City for such services. SECTION II SERVICES PROVIDED BY THE CITY The City shall provide, at the request of the District, the following services: (1) The City Clerk shall serve as the ex officio secretary of the Board for the purpose of acceptance of claims, statutory notice of public meetings, repository of official records of the District; keep and maintain minutes of District Board meetings (including recorded records) and provide for the public inspection and copying of Page 8 of 13 P a g e | 2 such records in accordance with the policies and such of the City and the Revised Code of Washington. a. City Clerk and Public Records - The Pasco City Clerk or their designee shall provide support services to the District in the following: i. Meeting Support, Agenda coordination, advertisement, general correspondence with District members. ii. Stewardship of public records, including records management, maintenance, storage. iii. Coordination of public records request in accordance with all applicable OPMA regulations, RCWs, and PMCs. (2) The City Attorney shall serve as the attorney for the District unless a conflict arises and the District will have to obtain separate legal counsel. (3) The City Manager, or their designee, shall serves as the primary liaison between the City and the District. a. Senior Staff Support - The Pasco City Manager, and their designee shall provide support services to the District in the following: i. General coordination between District Board Members and District staff with the Pasco City Council and City staff ii. Staff liaison support to the District Executive Director iii. Staff support for all City-led efforts outlined herein. iv. Coordination of real estate transactions v. Coordination of applicable Interlocal Agreements vi. Development of policy (4) The Finance Director, or their Designee, shall serve as the financial officer for the district. Duties include preparing quarterly and annual financial reports, including claims, revenue/expense reports, perform all accounts payable and receivable. a. Upon the direction of the District, the City shall: i. Assist in coordinating Bond application and process. ii. Establishing operations and revenue funding for the facility. (5) Other City officials, employees, or agents providing specific or specialized services as may be necessary. (6) The City shall provide meeting space for the conduct of all District meetings. Page 9 of 13 P a g e | 3 SECTION III PAYMENT FOR SERVICES The City shall charge to the District and the District shall pay to the City the base amount of $9,500 per month to supply such services specified in Exhibit A. Any additional services provided will be charged in accordance to Exhibit B and will be billed separately, monthly. City Attorney services rendered for the District shall be charged in addition to the above monthly charge and billed separately. SECTION IV INTERLOCAL COOPERATIVE ACT PROVISION The District shall be solely responsible for all costs, materials, supplies and services necessary for its performance under the terms of this Agreement. All property and materials secured by the District in the performance of this Agreement shall remain the sole property of the District. All funding incident to the fulfillment of this Interlocal Agreement, shall be borne by the party necessary for the fulfillment of their responsibilities under the terms of this Agreement. No special budgets or funds are anticipated, nor shall be created incident to this Interlocal Agreement. It is not the intention that a separate legal entity be established to conduct the cooperative undertakings, nor is the acquisition, holding, or disposition of any real or personal property anticipated under the specific terms of this Agreement. The District shall adopt and follow City policies and procedures when deemed efficient and in compliance with applicable regulations. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Cooperative Agreement. SECTION V TERM OF AGREEMENT The initial term of this Agreement shall commence on the 1st day of January 2023, and terminate on the 31st day of December 2025 or when the Certificate of Occupancy is received for the facility, whichever is sooner. Once the facility is operational, it is likely that the scope of services needed will significantly change and/or increase. Upon completion of construction, the District and City will assess the format of future collaboration including the scope of services or management of needs in-house by the District. SECTION VI ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are attached. No other understandings, verbal or otherwise, in regard to the subject matter of this Agreement, shall be deemed to exist. Any modifications to this Agreement shall be in writing and signed by both parties to be effective. Page 10 of 13 P a g e | 4 SECTION VII APPLICABLE LAW This Agreement is governed, construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the enforcement, breach, or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment. SECTION VIII AUTHORITY FOR EXECUTION Each of the parties warrants and represents that its representatives, whose signatures are below, possess all required authority to sign this Agreement and such powers have not, as of the date of this Agreement, been revoked or revised. IN WITNESS WHEREOF, the parties have executed this Agreement by the duly authorized officers on the day and year first written above. PASCO PUBLIC FACILITIES DISTRICT CITY OF PASCO By: _________________________________ By: ________________________________ Mark Morrissette, Chair Adam R. Lincoln, Interim City Manager Attested to by: ____________________________ Debra Barham, CMC, City Clerk Page 11 of 13 P a g e | 5 Exhibit A City of Pasco Base Compensation Hours Rate* Cost Accounting – reporting, debt service management, budget monitoring, general ledger maintenance, audit assistance, monthly tax filing with Dept. of Revenue 20 hrs/wk $41 $3,280 Accounts Payable – audit invoices and process payment. Does not include entering invoices 4 hrs/wk $29 $464 Accounts Receivable/Revenue Collections – receipt revenue and bank deposits 4 hrs/wk $31 $496 Administrative Oversight – involvement of management (Finance Director and/or Finance Manager) 10 hrs/mth $76 $760 Senior Staff Support – all items listed in Section VII – III 20 hrs/mth $84 $1,680 City Clerk support – all items listed in Section VII – II, except for public records requests 12 hrs/mth $45 $540 Monthly overhead rate – includes overhead for space, IT support, board meeting support $2,280 Monthly Total $9,500 *Rates will increase by 5% annually, effective Jan. 1 of each year. Page 12 of 13 P a g e | 6 Exhibit B City of Pasco Additional Compensation • Any additional hour spent by Finance staff above what is listed in Exhibit A will be billed by .5 hour increments at the corresponding rate. • If Finance staff not listed in Exhibit A is required to meet the needs of the District, such as Payroll, Treasury or Procurement, then District will be billed by .5 hour increments at that employee’s current rate. • Any additional hour spent by City Clerk staff above what is listed in Exhibit A will be billed by .5 hour increments at the corresponding rate. • City Clerk time spent on public records requests will be charged $45 per hour for time spent above 2 hours per request. Page 13 of 13