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)
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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