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HomeMy WebLinkAbout2023.06.20 PPFD Meeting PacketPasco Public Facilities District Board Building Regional Facilities through Community Partnerships AGENDA 4:00 PM - Tuesday, June 20, 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 1:00 p.m. on the day of each meeting. To listen to the meeting via phone, call (562) 247-8422 and use access code 990-372-793. 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. Welcome, 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 meetings. III. Approval of Minutes 3 - 7 A. Approve PPFD Board Meeting Minutes Motion: I move to approve the PPFD Board minutes from the May 16, 2023, Meeting and the May 26, 2023, Retreat. 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) VII. Old Business Page 1 of 16 VIII. New Business 8 - 10 A. Resolution No. 2023-06 - Stakeholder Register MOTION: I move to approve Resolution No. 2023-06, to utilize a Stakeholder Register and Decision Matrix for the design and construction of the Aquatics Facility. 11 - 14 B. Resolution No. 2023-07 - Alternative Contracting Procedures MOTION: I move to approve Resolution No. 2023-07, to pursue alternative Public Works Contracting Procedures for the Pasco Aquatics Facility project. 15 - 16 C. Resolution No. 2023-08 - Special Counsel for CPARB-PRC MOTION: I move to approve Resolution No. 2023-08, approving the posting of the Special Counsel Request for Qualifications commencing on June 21, 2023, selection, negotiation, and further, authorize the PPFD Executive Director to execute the contract documents. D. Approval Thresholds Discussion (Matt Watkins) E. Public Facilities District Washington State Department of Commerce Financial Review Discussion (Matt Watkins) IX. Other Business A. PPFD President's Report (Mark Morrissette) 1. Slidewaters Water Park Visit Recap B. PPFD Executive Director Report (Matt Watkins) 1. Tri-Cities Chamber Local Government Affairs Committee Meeting C. Next PPFD Board Meeting scheduled for Tuesday, July 18, 2023 X. Executive Session XI. Adjournment Page 2 of 16 Pasco Public Facilities District Board MINUTES 4:00 PM - Tuesday, May 16, 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 4:00 PM. Board Members Present: President Mark Morrissette, Vice President Marie Gillespie, Secretary/Treasurer Caroline Bowdish (arrived at 4:05 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, Finance Director Darcy Buckley, Interim Administrative & Community Services Director Jesse Rice, and City Clerk Debby Barham APPROVAL OF MINUTES Approve PPFD Board April 20, 2023, Meeting Minutes MOTION: Mr. Dietrich moved to approve the PPFD Board minutes from the April 20, 2023, meeting. Dr. Jilek seconded. Motion carried unanimously. FINANCIAL REPORT PPFD Cash Flow Statement (Darcy Buckley) Ms. Buckley distributed a Cash Flow Budget Analysis Report for 2023 to the PPFD Board and then explained how to read this new report. Ms. Bowdish arrived at 4:05 PM. The PPFD Board asked for clarification on portions of the report and staff responded accordingly. NEW BUSINESS Resolution - Owner's Representative Services Agreement Mr. Watkins reiterated that the Selection Committee's recommendation for the PPFD Board Owner's Representative was the Wenaha Group. He also briefly Page 1 of 3Page 3 of 16 discussed the proposed professional services agreement for the Owner's Representative. MOTION: Dr. Jilek moved to approve the Selection Committee's recommendation to select the Wenaha Group as the PPFD Owner's Representative for the Aquatic Facility project. Seconded by Ms. Bowdish. Motion carried unanimously. Resolution - Owner's Representative Services Agreement Continued Wenaha Group Sr. Project Manager Gardner introduced himself and provided a brief history of the Wenaha Group. As the request of the PPFD Board, he also provided a list of recent projects that his company has procured and/or completed. He stated that the Wenaha Group looks forward to working on the PPFD Aquatic Facility. Mr. Watkins further commented on the proposed Owner's Representative Professional Services Agreement (PSA) and asked for the PPFD Board's direction on if they prefer to have a Cost Plus, Do Not Exceed PSA or a Lump Sum PSA. The PPFD Board discussed the proposed PSA options with Mr. Gardner and Mr. Watkins. Ms. Gillespie expressed support for the Lump Sum Agreement and provided the reasons why she preferred that method of the Owner's Representative Agreement. Mr. Ferguson explained the differences between a Lump Sum Agreement and Cost Plus Do Not Exceed Agreement. He explained that from a legal standpoint he preferred the Cost Plus, Not to Exceed PSA. At the end of the discussion, the PPFD Board (4 to 1, with Ms. Gillespie's preference for a Lump Sum PSA) directed Mr. Watkins to move forward using a Cost Plus, Not to Exceed PSA. MOTION: Ms. Gillespie moved to approve Resolution No. 2023-05, approving the professional services agreement with Wenaha Group to perform Owner’s Representative Services for the Aquatic Facility project, and further, authorize the PPFD Executive Director to execute the contract documents. Ms. Bowdish seconded. Motion carried unanimously. Financial Projection for the Aquatic Facility (Richa Sigdel) Ms. Sigdel presented the updated financial analysis for building the Aquatic Facility based on the assumption of two phases to the facility. Mr. Watkins expressed appreciation to Ms. Sigdel for her analysis. Page 2 of 3Page 4 of 16 OTHER BUSINESS PPFD Executive Director Report Mr. Watkins reported on his recent meetings with the Ben Franklin Transit and the Mid-Columbia Libraries to discuss what services and amenities may be included surrounding the Aquatic Facility. Mr. Watkins asked if the PPFD Board would be able to meet on Friday, May 26, 2023, at 9:00 AM for a Special Meeting/Retreat. The purpose of this special meeting is to meet with the Wenaha Group staff and develop the Owner's Representative roles, and expectations, as well as firm up the project schedule. The PPFD Board members, with the exception of Ms. Gillespie, were available to meet on May 26th. Mr. Watkins announced that the Association of Washington State Public Facilities Districts (AWSPFD) Conference is scheduled for September 27-29, 2023 at the Kennewick Convention Center and asked if any PPFD Board members were interested in attending this conference. Mr. Watkins announced that he will be meeting with a group of Pasco School District (PSD) high school students on May 17th and with two grade schools later in the week to discuss the Aquatic Facility Project. He hopes to gather antidotal information from the students related to possible aquatic features for this project. City of Pasco Staff Introduction Mr. Watkins introduced Jesse Rice, the Interim Adm inistrative & Community Services Director. ADJOURNMENT There being no further business, the meeting was adjourned at 6:05 pm. PASSED AND APPROVED THIS ___ DAY OF __________, 20__ APPROVED: Mark Morrissette, President Debra Barham, CMC Page 3 of 3Page 5 of 16 Pasco Public Facilities District Board MINUTES 9:00 AM - Friday, May 26, 2023; Pasco City Hall, Conference Room 5 CALL TO ORDER AND ROLL CALL Pasco Public Facilities District (PPFD) President Morrissette called the meeting to order at 9;00 AM. Board Members Present: President Mark Morrissette, Secretary/Treasurer Caroline Bowdish, Board Member Leonard Dietrich, and Board Member Spencer Jilek Board Member Excused: Vice President Marie Gillespie Board Staff Present: PPFD Executive Director Mat t Watkins and PPFD Owners Representatives Heath Gardner, Jake Hartwig, and Brooklyn Jefferson (with the Wenaha Group) City Council & Staff Present: Interim Administrative & Community Services Director Jesse Rice ITEMS FOR DISCUSSION Introductions - PPFD Board, Wenaha Group and Staff The new Owner's Representative staff members were introduced to the PPFD Board, which included Heath Gardner, Jake Hartwig, and Brooklyn Jefferson from the Wenaha Group. Discussion of Owner's Representative Roles, Responsibilities, & Expectations Mr. Gardner led discussion including eliciting the hopes and expectations of the PPFD Board to which each PPFD Board member shared their thoughts. Mr. Gardner introduced a draft hand -out of a “PPFD – Aquatics Stakeholder Register.” It included stakeholders involved and project activities as a model for explicitly defining and setting roles and responsibilities. After discussion, Mr. Gardner indicated that he would update the document. Mr. Watkins suggested the PPFD Board formally adopt the register at the next PPFD Board meeting scheduled for June 20th. He noted that additional discussion on approvals for certain expenditures may require authority to be granted to the Executive Director. Page 1 of 2Page 6 of 16 Mr. Watkins suggested that legal counsel review the final draft and prepare a resolution for the the PPFD Board action. Discussion of Aquatic Facility Project Schedule Mr. Gardner led discussion on overall project schedule including discussion on near-term known pinch points. It was announced that the Design & Construction Committee will meet in early June to decide whether to pursue the standard municipal design-bid-build process or to recommend pursuing an alternative project delivery method to the PPFD Board at the June 20th meeting. If an alternate method is chosen, the PPFD will need to submit a request package in later June to the Washington State Capital Projects Advisory Review Board (CPARB) for consideration and approval. Additionally, the PPFD may consider retaining special counsel, Perkins Coie, LLP, to assist in the preparing the request package and presentation to the CPARB. ADJOURNMENT There being no further discussion, Mr. Watkins thanked the two (2) audience members listening in through MS Teams for attending the retreat. The retreat was adjourned at approximately 10:40 am. PASSED AND APPROVED THIS ___ DAY OF __________, 20__ APPROVED: Mark Morrissette, President Debra Barham, CMC Page 2 of 2Page 7 of 16 Resolution – 2023-06 – Aquatics Stakeholder Register and Decision Matrix - 1 RESOLUTION NO. 2023-06 A RESOLUTION OF THE PASCO PUBLIC FACILITIES DISTRICT BOARD TO UTILIZE A STAKEHOLDER REGISTER AND DECISION MATRIX FOR THE DESIGN AND CONSTRUCTION OF THE AQUATICS FACILITY WHEREAS, the Pasco Public Facilities District (PPFD) Board 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 Ordinance No. 3558, and granted all powers provided by law pursuant to RCW 35.57.010; and WHEREAS, the PPFD Board retained the Owner’s Representative firm, Wenaha Group, to assist, educate, and help the PPFD through the design and construction process for an aquatics facility. WHEREAS, the Wenaha Group presented a “PPFD – Aquatics Stakeholder Register and Decision Matrix” to the PPFD at a special meeting on Friday, May 26, 2023, as a model of communications between different stakeholders and processes involved in procurement, budgeting, scheduling, communication, design, and construction of an aquatics facility; and WHEREAS, the “Stakeholder Register and Decision Matrix” is intended to be an amendable document and revised as project needs change. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PASCO PUBLIC FACILITIES DISTRICT as follows: Section 1. That the Pasco Public Facilities District (PPFD) Board adopt the “PPFD – Aquatics Stakeholder Register and Decision Matrix,” attached herein as Exhibit A, as the model for procurement, budgeting, scheduling, communication, design, and construction of an aquatics facility. Section 2. That if the document needs to be updated, the PPFD Board may adopt a newer revision by motion and majority vote. Section 3. That this Resolution shall take effect immediately. Page 8 of 16 Resolution – 2023-06 – Aquatics Stakeholder Register and Decision Matrix - 2 PASSED by the Pasco Public Facilities District Board of Directors, of Pasco, Washington, on this __ day of ____________, 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 Attorneys for PPFD Page 9 of 16 Revision: 6/20/2023 R = Responsible for completing task A = Accountable/Approve C = Consulted I = Informed Executive Director - Matt WatkinsWenaha GroupPPFD BoardDesign and Construction Committee (DCC)City of PascoPasco Parks and RecArchitect??General Contractor - Design Builder??Procurement/Budget Recommend Project Delivery Method C C/R I R/A Approve Project Delivery Method C C/R A C/R I Approve Contracts > $100K C C/R A I Approve Contracts < $100K (pending Board approval)A C/R I C I Approve Project Budget C C/R A C I Approve Budget Revisions Within Approved Total Amount A C/R I C Approve Contractor Guaranteed Maximum Price (GMP)C C/R A C I Approve Change Orders > $50K C C/R A C I Approve Change Orders < $50K (pending Board approval)A C/R I C I Approve use of Project Contingency w/in Budget A C/R I C I Schedule Approve Overall Project Schedule C C/R I A I Approve Construction Schedule C A I C I R Communication Monthly updates to Board A C/R I I C Updates to Community A C/R I C I Design/Construction Set Overall Project Priorities C C/R A C I I Choose individual design elements C C/R C A C Approve Schematic Design C C/R A C/R I C Approve Design Development and Construction Documents C C/R A C/R I C Approve finishes, fixtures, and furniture C C/R I A I C Approve Value Engineering Measures With Impact to Project Priorities C C A C C/R Approve Value Engineering Measures Without Impact to Project Priorities C C I A C/R Attend weekly Owner/Architect/ Contractor (OAC) meeting *** Answer Contractor's Request for Information (RFI)C C/R C C Approve Submittals Give Direction to General Contractor for On-Site Construction Decisions (FOR SINGLE POINT FOR CONTACT FOR CONTRACTOR) C A/R C C PPFD - Aquatics Stakeholder Register and Decision Matrix Page 10 of 16 Resolution – 2023-07 – Alternative Public Works Contracting - 1 RESOLUTION NO. 2023-07 A RESOLUTION OF THE PASCO PUBLIC FACILITIES DISTRICT BOARD, TO PURSUE ALTERNATIVE PUBLIC WORKS CONTRACTING PROCEDURES FOR THE PASCO AQUATICS FACILITY PROJECT. 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 Ordinance No. 3558, and granted all powers provided by law pursuant to RCW 35.57.010 ; and WHEREAS, the PPFD Board reviewed, with the Executive Director and Director of Public Works for the City of Pasco, traditional design-bid-build, design-build, GC/CM, progressive design-build, and other alternative project strategies in October 2022; and WHEREAS, the PPFD Board retained the Owner’s Representative firm, Wenaha Group, to assist, educate, and help the PPFD through the design and construction process for an aquatics facility; and WHEREAS, the PPFD Design and Construction Committee met in June 2023 to review in detail with Wenaha staff traditional design-bid-build, design-build, GC/CM, progressive design- build, the State required Capital Projects Advisory Review Board process, and potential timelines; and WHEREAS, the PPFD Design and Construction Committee confirmed the Findings of Fact for the Use of the Progressive Design-Build Contracting Method, a copy of which is attached hereto as Exhibit A; and WHEREAS, the PPFD Design and Construction Committee has issued a written memo explaining and stating their unanimous recommendation to pursue a Progressive Design-Build strategy. 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 (PPFD) adopts the Findings of Fact approved by the Design and Construction Committee, a copy of which is attached hereto as Exhibit A for a Progressive Design- Build strategy for design and construction of the Pasco Aquatics Facility. Section 2. Application be made to the Washington State Capital Projects Advisory Review Board – Project Review Committee (CPARB-PRC) by Wenaha Group, on behalf of the PPFD, for the CPARB-PRC to review with the intention of favorable approval of the PPFD’s request to engage in an alternative public works contracting procedure, Progressive Design-Build. Page 11 of 16 Resolution – 2023-07 – Alternative Public Works Contracting - 2 Section 3. That reasonable travel expenses be reimbursed to attendees of the July meeting of the Washington State Capital Projects Advisory Review Board – Project Review Committee (CPARB-PRC) in Olympia including overnight hotel, parking, mileage, and per diem expenses including the Executive Director, PPFD board member(s), Wenaha staff, and Perkins Coie staff. Section 4. That this Resolution shall take effect immediately. PASSED by the Pasco Public Facilities District Board of Directors, of Pasco, Washington, on this __ day of ____________, 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 Attorneys for PPFD Page 12 of 16 PASCO PUBLIC FACILITIES DISTRICT DESIGN AND CONSTRUCTION COMMITTEE FINDINGS OF FACT FOR THE USE OF THE PROGRESSIVE DESIGN-BUILD CONTRACTING METHOD Regarding the PASCO AQUATICS FACILITY Committee Members: Advisors: Mark Morrissette – Board Chair Matt Watkins – Executive Director Marie Gillespie – Board Member Heath Gardner – Wenaha Group (Owner Rep) Jake Hartwig – Wenaha Group (Owner Rep) Pasco Public Facilities District (PPFD) is utilizing funds from a voter approved sales tax measure to design and construct a new aquatics facility. Construction activities will take place at a site which is not yet owned by PPFD, located in Pasco, Washington. PPFD has a very finite project budget, with funding exclusively associated with the sales tax monies, and aquatics facilities require highly specialized design and construction. PPFD has also set forth an aggressive schedule to deliver this long-awaited project to the public in an expeditious manner. In consideration of these facts, the Design and Construction Committee of the Board (DCC) met together to consider alternative project delivery methods available to the PPFD for use on the project as allowed by RCW Chapter 39.10. Based upon the following findings, the DCC is recommending the use of the Progressive Design-Build method of project delivery. Finding of Fact Use of the Progressive Design-Build method to construct this project will: (a) result in reduced financial risk to PPFD; (b) ensure a design-build partner familiar with the requirements of municipal aquatics facilities is involved in the design and construction; and (c) reduce the overall duration of project delivery. Specific findings which substantiate these conclusions are as follows: 1. Finding: The DCC finds that the Progressive Design-Build method will result in reduced financial risk to PPFD. Reduced risk provides a significant value. a. Single contract for design and construction: The Design-Builder will be able to obtain a complete understanding of PPFD’s needs, the scope of the project, and the operational needs of PPFD to create the associated design documents that best meet these needs and those of community stakeholders. The design builder will also be responsible for delivering the project within the specified budget. The single contract provides for better coordination and control of design and cost. Page 13 of 16 b. Guaranteed Maximum Price (GMP) establishes a maximum price prior to starting construction: the Design-Builder will partner with PPFD to identify all project costs and will be able to guarantee the maximum price paid by PPFD for the project. c. Fewer Change Orders: Because the Design-Builder is responsible for both the design and the construction, the traditional hard-bid change order structure does not apply to this delivery method. As a result, risks associated with the design are borne by the design-builder and not the owner. The design-builder is responsible for managing these costs, while meeting PPFD’s defined project goals. 2. Finding: The DCC finds that the progressive design-build method will ensure a design-build partner that possesses specialized experience with design and construction of similar facilities. a. Qualifications Based Selection Process: The procurement process will allow for selection of a design-builder based on qualifications-based criteria. The request for qualifications will require the design-builder to demonstrate knowledge and experience specifically related to the aquatic facility project. b. Early Involvement of Complete Project Team: Progressive design-build will allow the best opportunity to involve the design and construction team, including specialized trades, early in the life of the project so that their expertise can benefit the project in terms of quality, costs and schedule. c. Increased Owner Participation: The progressive design-build approach allows the owner more participation in subcontracting methods and choices. 3. Finding: The Board finds that the project schedule will benefit from the progressive design- build delivery method. a. Advanced Planning: The design-builder will be able to anticipate construction needs and challenges early in design and implement ideas that will save time. b. Long Lead Items: The design-builder will be able to identify long lead items during design and take action to procure products early or otherwise mitigate these risks. c. Design Efficiency: The design builder will be able to include sub-contractors during design and delegate certain design tasks in order to streamline the process and eliminate duplication of effort. d. Fast Track Construction: The progressive design-build method will allow opportunities to start portions of the work before design is complete thereby reducing the total duration of the project. Recommendation of the Design and Construction Committee It is the recommendation of the Design and Construction Committee that the PPFD board authorize the use of the Progressive Design-Build project delivery method contingent upon proper approval from the state project review committee. This method will: (a) result in reduced financial risk to PPFD; (b) ensure a design-build partner familiar with the requirements of municipal aquatics facilities is involved in the design and construction; and (c) reduce the overall duration of project delivery. Page 14 of 16 Resolution – PPFD Special Counsel - 1 RESOLUTION NO. 2023-08 A RESOLUTION OF THE PASCO PUBLIC FACILITIES DISTRICT BOARD APPROVING THE POSTING OF THE SPECIAL COUNSEL REQUEST FOR QUALIFICATIONS COMMENCING ON JUNE 21, 2023, SELECTION, NEGOTIATION; AND FURTHER, AUTHORIZE THE PPFD EXECUTIVE DIRECTOR TO EXECUTE THE CONTRACT DOCUMENTS. 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 Ordinance No. 3558, and granted all powers provided by law pursuant to RCW 35.57.010; and WHEREAS, the PPFD Board approved Resolution No. 2023-01, creating the process for the procurement of Service Provider Agreements in accordance with RCW 35.57.070 and based on the procedures, finds that it is appropriate to solicit for requests for qualifications for a Special Counsel; and WHEREAS, the PPFD Board and Owner’s Representative need specialized legal advice and assistance in preparation of materials, presentation, and strategy to gain approval from Washington State Capital Projects Advisory Review Board – Project Review Committee (CPARB-PRC) to engage in an alternative public works contracting procedure. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE PASCO PUBLIC FACILITIES DISTRICT: Section 1. That the Pasco Public Facilities District Board of Directors (PPFD Board) does hereby approve the solicitation of a Special Counsel Request for Qualifications. Section 2. That the PPFD Board does hereby approve that the PPFD Executive Director will publish notice, prepare criteria, receive and evaluate proposals for conformity with submission requirements, and assuming selection of a preferred service provider, negotiate with respondent(s) under the requirements of the Service Provider Agreements process established by Resolution No. 2023-01; execute a Professional Services Agreement with the preferred service provider on behalf of the PPFD Board; make minor substantive changes as necessary to execute the Agreement; and report back to the PPFD Board the progress and success of executing said agreement; and Section 3. That this Resolution shall take effect immediately. Page 15 of 16 Resolution – PPFD Special Counsel - 2 PASSED by the Pasco Public Facilities District Board of Directors, of Pasco, Washington, this 20st day of June, 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 Attorneys for PPFD Page 16 of 16