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HomeMy WebLinkAboutResolution No. 2004 Unnumbered - Establishing a Procedure for Service Provider AgreementRESOLUTION NO. __ _ A RESOLUTION OF THE PASCO PUBLIC FACILITIES DISTRICT ESTABLISHING A PROCEDURE FOR SERVICE PROVIDER AGREEMENTS WHEREAS, the District may require professional assistance from service providers, and RCW 35.57.070 provides that a District may secure the services of a service provider by means of an agreement in accordance with its procedures as establish~dby0Resolution; and WHEREAS, the District with the intent to memorialize and formalize the process for the selection of service providers, does hereby establish this procedure for the selection and contracting for such services; NOW, THEREFO~~ • • THE BOARD OF DIRECTORS OF ··nm J>.ASCO PUBLIC -FACILITIES DISTRICT RESOLVES AS FOLLOWS: The process for the selection and contracting for the service providers shall be as follows: 1. For the purpose of this Resolution, a "service provider" is any person or entities providing professional services regulated under. Title 18 Rew~ 2. In advance of the District's requifement for professional services, the District shall publish an ann.ouncement stating concisely the general scope and nature of the project or work for which the services are required and the address of the District's representative who can provide further details. Publications $haJl,consist of: (a) publication in a newspaper of general circulation ofari.announcementon each occasion when professional services are required; or (b) announcing generally to the public its projected requirements for the type of professional services required. The aµnouncement shall include the requirement that the applicant submit their response to a request for qualifications. The closing date for responses to qualifications shall be not less than fourteen (14) days from the date of publication unless an emergency is declared by a majority of the Board oLDirectors of the District together with a r~asonable closing date based upon the nature of the emergency. 3. The Board, or committee thereof, shall establish a criteria in consideration of the responses to the request for qualifications including: (a) the nature of the project; (b) the complexity or unique requirements of the project; (c) availability for commencement of services and duration; (d) expertise and experience necessary; and (e) such other criteria as specifically applicable to the project. Resolution Establishing a Procedure for Service Provider Agreements -1 4. Within fourteen (14) days of the close of the request for response to qualifications, the District shall review and evaluate responses for qualifications based upon the following: (a) current statements of qualifications and performance data on file with the District; (b) qualifications and performance status that may be submitted by the applicant or other applicants regarding the proposed project; ( c) qualifications of expertise, experience and training, including performance of past similar projects; (d) response of references (if requested or included); (e) compliance with the criteria established with the project; and (f) qualification of a minority and/or woman-owned firm shall be afforded maximum practical opportunity to compete or obtain·public contracts for services. 5. The District, may within its sole discretion, conduct discussions with one or more of the applicants regarding anticipated concepts and the' relative utility of alternative methods of approach for furnishing the required services and their respective qualifications for the performance of the required services. • . . -. . 6. Within thirty (30) days of the close of respon$e to qualifications, the District shall determin.e the most highly qualified applicant to provide the ,seIVices required for the proposed project. The District shall rate the qualifieatj.el)s of the top three'.{~) applicants. ··~ .. • ... ,. . • .. ; ... : .·· 7. The District shall initiate negotiations !With the contractor for the most qualified applicant at a price which the District determines is fair and reasonable to the District. In making its determination, the District shall take into account the estimated value of the services to be rendered as well as the scope, complexity and professional nature thereof. 8. In the event the District is unable, te negotiate a satisfactory contract with the applicant selected at a price the District:determines to be fair and reasonable within fourteen (14) days of the date ()f notification.of the mosfqua:lified applicant, unless extended by agreement of both parties, the District shall temnnate negotiations with the first selected applicant by written notice ,and shall thereafter initiate negotiations of a contract with the second most qualified firm as identified.. In the eventtlie District is unable to negotiate a satisfactory contract with the second qualified firm at a price the District determines to be fair and reasonable, negotiations with that firm shall be formally terminated by written notice and the District shall initiate negotiations with the third ,most qualified applicant under the same procedures as identified above or with such c>ther successive applicants until an agreement is reached or the process is terminated. ADOPTED by a majority of the Board of Directors of the Pasco Public Facilities District at a meeting attended by all the members of the Board on the __ day of _____ , 2004. SIGNED this __ day of _______ , 2004 Resolution Establishing a Procedure for Service Provider Agreements -2 Attest Board Secretary Robert Tippett Board President Resolution Establishing a Procedure for Service Provider Agreements -3 Approved as to Form: Leland B. Kerr • Attorney··_·.•. providing for ongoing funding in the amount of$20,000.00 per year, payable quarterly; and to convert the outstanding loan of $10,000.00 to a contribution to the PFD as payment in full for services provided for the benefit of the City as of the date of the Agreement. The City Council also approved the lnterlocal Agreement for Capital Facilities Planning, where the City will reimburse the PFD for consulting services secured by the PFD, for the preparation of a capital facilities plan in an amount not to exceed $30,000.00. Following discussion it was motioned by Mr. Merk, seconded by Mr. Dietrich, and carried to authorize Mr. Tippett to sign the lnterlocal Agreement between the City of Pasco and the Pasco Public Facilities District providing for Funding. Also, it was motioned by Mr. Merk, seconded by Mr. Jilek, and carried to authorize Mr. Tippett to sign the Interlocal Agreement between the City of Pasco and the Pasco Public Facilities District for Capital Facilities Planning. New Business: Mr. Crutchfield presented a Resolution to the Board (A RESOLUTION OF lHE PASCO PUBLIC FACILITIES DISTRICT ESTABLISHING A PROCEDURE FOR SERVICE PROVIDER AGREEMENTS) and explained that the state statue that created public facilities districts includes a provision that requires the Board of the PFD to fix by resolution the process by which it will select and contract with professional services providers. Following discussion, it was motioned by Mr. Dietrich, seconded by Mr. Jilek, to adopt the resolution. Streamlined Sales Tax Impact: Mr. Chase informed the Board of this item. He stated that the Streamlined Sales Tax Authorization is an attempt to eventually tax internet sales. The United States requires all states to determine how they will handle their collection of sales tax and agree on some kind of sourcing method. The proposed method is that the sales tax from a sale would go to the place of the original sale, but if the goods are shipped outside the original district, then the sales tax would go to the district where the goods are delivered. Currently~ taxes from all sales in the state of Washington are distributed to the jurisdiction where the sale occurs; the new proposal would change it to the point of delivery. Mr. Chase distributed to the Board a study conducted by the Department of Revenue of several jurisdictions around the state showing the tax revenue impact on jurisdictions. He stated that according to the study, the loss to the Pasco PFD,s portion of the taxes would be only $6,400.00, which is only about 3% of what Pasco's actual sales tax collections are. If the actual loss calculated out to be $6,400.00 the state would make up the difference. Other Business: Mr. Tippett stated that the Joint Regional Convention Center Advisory Board (JRCCAB) (which he is the Pasco PFD representative) has drafted a set of by-laws which was approved by the Advisory Board a couple of months ago. Mr. Tippett told the Advisory Board that his approval was subject to his Board's approval and possibly the City Council. Mr. Crutchfield stated that he did not think the City Council had to approve the by-laws of the JRCCAB. Mr. Tippett recommended that the Pasco PFD approve the by- laws now, and asked Mr. Crutchfield to let the Board know between now and the next PFD Minutes 8/18/04 Page 2 of3