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HomeMy WebLinkAbout2015.02.09 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. February 9, 2015 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: (a) Downtown Pasco Development Authority Annual Report. (NO WRITTEN MATERIAL ON AGENDA.) Presented by Michael Goins, Downtown Pasco Development Authority Executive Director. (b) Public Defender Standards: 1. Agenda Report from Stan Strebel, Deputy City Manager dated January 23, 2015. 2. Public Defender Standards — Proposed Resolution. (c) Broadmoor Area Development Agreement: 1. Agenda Report from Rick White, Community & Economic Development Director dated February 5, 2015. 2. Broadmoor Area — Overview Map. (d) Recreation Facility Rental Fee Authority: I. Agenda Report from Rick Terway, Administrative & Community Services Director dated January 28, 2015. 2. Recreation Facility Rental — Proposed Ordinance. (e) HOME Consortium Agreement Amendment No. 1 for Kennewick, Pasco and Richland Program Years 2014-2016 (AGRMT2015-001): 1. Agenda Report from Angela Pitman, Block Grant Administrator dated February 2, 2015. 2. HOME Consortium Agreement — Proposed Resolution. 3. HOME Consortium Agreement — Amendment No. 1 to Cooperative Agreement of the Tri - Cities HOME Consortium. (f) Process Water Reuse Facility D02E Floating Aerator Declaration of Sole Source: 1. Agenda Report from Kent McCue, Interim Engineering Manager dated February 6, 2015. 2. Process Water Reuse Facility D02E Floating Aerator — Proposed Resolution. 3. Process Water Reuse Facility D02E Floating Aerator — Price Quote. 4. Process Water Reuse Facility D02E Floating Aerator — Memo. 5. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 7. MISCELLANEOUS DISCUSSION: 8. ADJOURNMENT REMINDERS: 1. 11:00 a.m., Monday, February 9, Road 100 & Burns Road — Powerline Road Groundbreaking Ceremony. (MAYOR MATT WATKINS) (ALL COUNCILMEMBERS INVITED TO ATTEND) 2. 7:00 a.m., Thursday, February 12 — BFCG Tri -Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 3. 7:00 p.m., Thursday, February 12 - Ben -Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; MIKE GARRISON, Alt.) AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manage FROM: Stan Strebel, Deputy City M��lllnaager.,� SUBJECT: Public Defender Standards I. REFERENCE(S): Public Defender Standards — Proposed Resolution January 23, 2015 Workshop Mtg.: 2/9/15 Regular Mtg.: 2/17/15 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/9: Discussion 2/17: MOTION FOR THE CONSENT AGENDA: I move to approve Resolution No. regarding Standards for Public Defender Services HI. FISCAL IMPACT: Increased costs are expected; unknown at this time. IV. HISTORY AND FACTS BRIEF: A) In response to legislative mandate and Supreme Court Order, the City adopted standards for the provision of public defense services to indigent defendants in March of 2013. B) Since adoption of the standards, additional requirements of the court and case law from a federal lawsuit (Wilbur vs. City of Mt. Vernon) requires that the City review and update its standards. C) The new requirements will impose significant new performance and reporting responsibilities on the City and its public defenders and will place workload limits on defenders, whether publically employed or under private contract. Cost increases in meeting the standards are expected to be realized in a number of different ways. It is impossible to estimate the cost impacts at this time. V. DISCUSSION: A) Staff is still working to make necessary modifications in contracts, reports and other practices. Adoption of the proposed Resolution will satisfy one of the requirements of the new standards, which staff recommends. 4(b) RESOLUTION NO. A RESOLUTION of the City of Pasco, Washington, repealing Resolution No. 3462 and adopting new Standards for the Delivery of Public Defender Services. WHEREAS, the Washington legislature by RCW 10.101.030 requires the City of Pasco ("City") to legislatively adopt Standards for the delivery of Public Criminal Defense Services; and WHEREAS, the Council has, by Resolution No. 3462, on the 18th day of March, 2013, adopted a Resolution initiating the process of reviewing Standards for indigent defense under which the City Manager and staff engaged in a process to review and update the Standards adopted by the City utilizing the Washington State Bar Association Standards for Indigent Defense Services as a guideline and to work with the attorney contractors providing public defense services to the City, the prosecutors, and the Pasco Municipal Court to provide a report to the City Council and to prepare such documents and amendments to the Standards as adopted by Court rule; and WHEREAS, since the initiation of that review, additional Standards have been adopted, case load weighting established, and litigation has occurred providing additional direction for the preparation of appropriate Standards; and WHEREAS, on December 4, 2013, a decision in Wilbur vs. City of Mount Vernon was rendered providing additional guidance to Washington cities regarding the provision of indigent defense services, its funding, and evaluation of existing and necessary services; and WHEREAS, the City Manager and staff have done a comprehensive assessment, and evaluation of the indigent defense procedures before the Pasco Municipal Court, and have identified significant modifications to the procedure, the agreements with the defense providers, prosecutors, and the Municipal Court, and prepared Standards and procedures which are designed to enhance the protection of the rights of all those accused of a crime and specifically that vulnerable portion of citizens who cannot afford to secure legal representation in criminal proceedings and to assure those rights are preserved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The City of Pasco does hereby adopt the following standards for the delivery of Public Defender Services: 1. DUTIES AND RESPONSIBILITIES. 1.1 Public Defense Services shall be provided to all clients in a professional, skilled manner consistent with the minimum standards set forth by the Washington State Bar Association Standards for Indigent Defense Services (June 3, 2011), the Rules of Professional Conduct, case law and, in particular, the decision in Wilbur vs. Mt, Vernon, and applicable Court rules defining the duties of counsel and the rights of defendants in criminal cases. The Public Defender's primary and most fundamental responsibility is to promote and protect the interests of the client. 1.2 Public Defense shall be provided to indigent clients whose eligibility has been determined through an established screening process. 1.3 All Public Defenders providing services by contract shall quarterly certify their compliance with the standards for indigent defense by filing a Certification of Compliance as required by CrR 3.1, CrRLJ 3.1 and JuCR 9.2. Such forms shall be filed with the City's Municipal Court. Copies of each Public Defender's certification shall be provided to the City's Defense Contract Administrator. 1.4 Nondiscrimination. The Public Defender shall comply with all Federal, State and local nondiscrimination laws or ordinances. The duty of nondiscrimination relates not only to the provision of services by the Public Defender to clients, but also with respect to the hiring and employment practices of the Public Defender Contractor. 2. ADMINISTRATION, SUPPORT SERVICES AND INFRASTRUCTURE 2.1 Contracts for services and proposals submitted in pursuit of such contracts shall require the Public Defender to provide, through adequate compensation provided in the contract, adequate administrative support, including but not limited to: 2.1.1 Travel, telephones, law library and/or electronic research capabilities, financial accounting, case management systems, computers, word processing equipment and software, office space and supplies. Proposals for contracts shall be evaluated to address the training of attorneys and staff (see Section 1.1 above) and provide for adequate staffing and other costs associated with the day-to-day management of a law office. 2.1.2 Private offices and/or conference rooms shall be available which allow the maintenance of confidentiality. A telephone system, internet access and postal address shall be provided by the Public Defender. 2.2 The Public Defender shall provide for adequate staffing under the contract. An adequate staff includes the provision for investigative services, legal assistance, accounting services, case management services and/or programs and access, when needed, to the services of a social worker, mental health professional and/or translator. 2.3 The contract shall provide for additional compensation for extraordinary costs associated with defense, such as expert witness fees. 3. EVALUATION AND MONITORING. 3.1 The City Manager shall designate a Public Defense System Contract Administrator to provide monitoring and evaluation of the Public Defense Services provided by the City. 3.2 Public Defense Services shall include a case reporting system and information management system. Such systems shall have the capability to provide periodic reports to the City regarding the caseload generated under the contract for each attorney and intern providing services under the contract, case disposition and history. 4. CASELOAD LIMITS. The Public Defender shall comply with all caseload limitations imposed pursuant to the Court Rule and adopted Standards of the Washington State Supreme Court. 5. CONTRACT WARRANTY. The Public Defender, Conflict Counsel and every attorney providing indigent defense services by contract with the City shall warrant that he/she has: 5.1 Read, the Wilbur vs. City of Mount Vernon (December 2013) decision and will provide services in accord with its provisions; and 5.2 Ensured that the compensation provided is sufficient to provide adequate training, administrative and staff services, and infrastructure required by these Standards, Court Rule and the State and Federal Constitutions. 6. TERMINATION AND REMOVAL. Termination of the contract, other than by mutual agreement or expiration of its term, shall occur only for "good cause." Good cause shall include the failure of the contract Public Defender to render adequate representation to clients, the willful disregard of the rights and best interests of the client, and/or the willful disregard of these Standards. Termination may also occur for violation of the express terms of the contract, provided, however, that the Public Defender shall be provided reasonable opportunity, following notice, to cure any technical contract violations that do not impair the provision of quality representation to the indigent client. 7. SUBCONTRACTORS, SUBSTITUTION, AND CONFLICT COUNSEL. 7.1 In the event of conflict or removal of the Public Defender, Conflict Counsel approved by the City shall be available, either through a joint contract with the Public Defender and Conflict Counsel, by separate contract between the City and Conflict Counsel or by Court appointment. In the event that alternative or Conflict Counsel is required to be assigned, the Public Defender shall bear no part of the costs associated with the appointment of an alternative Conflict Counsel. The contract should address the procedures for continuing representation of clients upon conclusion of the agreement. 7.2 Conflict Counsel shall adhere to the Standards established by this Resolution, including but not limited to, an evaluation of the overall case count annually by Conflict Counsel under the procedures set forth in this agreement. 8. UPDATE AND EVALUATION. As the rules established by the Washington State Supreme Court are applied and interpreted by the Courts and, when appropriate, the Washington State Bar Association and other administrative agencies, the City states its intent to review and modify these Standards. Section 2. This Resolution shall take full force and effect as of January 1, 2015. PASSED by the City Council of the City of Pasco, Washington, as its regular meeting dated this day of 2015. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council / February 5, 2015 TO: Dave Zabell, City Managers l Workshop Mtg.: 2/9/15 FROM: Rick White, ��I Community & Economic Development Director SUBJECT: Broadmoor Area Development Agreement I. REFERENCE(S): 1. Broadmoor Area — Overview Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/9: DISCUSSION III. FISCAL IMPACT: Yet to be determined IV. HISTORY AND FACTS BRIEF: A. The Broadmoor property contains about 1050 total acres located on a southward facing bench with views of the Columbia River and Columbia River Valley. The site is located in the geographic center of the Tri -Cities and provide access to most Tri -City locations in a 10 minute travel time B. In 2009 the Broadmoor Concept Plan increased the amount of land set aside for commercial development at the intersection of I-182 and Broadmoor. Roughly 145 acres of the Adams property was designated for commercial uses and on February 2, 2015 Council approved the rezone of this property to C-1 (Retail Business). C. Broadmoor Boulevard (RD 100) now extends north of the freeway to Dent Road. Utility lines have been installed in surrounding streets and commercial and residential development has occurred on the east side of Broadmoor Boulevard. Sandifur Parkway and the Sandifur Parkway traffic signal were designed and constructed to facilitate the extension of Sandifur Parkway to the west through the center of the rezone site. Residential development is now occurring to the north and west of the property. D. Over the past year, the Public Works Department has coordinated with the property owner for the granting of a sewer easement for a trunk sewer line for future service to this portion of the Urban Growth Area. During that coordination, staff has discussed with the owner the necessity of increased marketing and development efforts for this regionally important property. This discussion included ways to best accomplish promotion, detailed design and development of the commercial portions of the Adams property so the development potential of the area is achieved. E. Staff has been in consultation with design and marketing professionals on this approach and has concluded that sustained marketing needs to be accompanied by economic analysis and justification, topographic analysis, site specific land use and infrastructure planning and development of design guidelines. V. DISCUSSION: A. The Broadmoor area is important from a local and regional standpoint. It provides the best potential location in Pasco for regional commercial development. The site possesses superior views to the south, east and west. It has ease of access and is recognized for its development potential. B. As Pasco continues its west and northwestward growth pattern, the City will need to establish community services in the Broadmoor area. These services will require appropriate locations for a range services such as fire stations, community centers and parks and the potential for regionally recognized recreational attractions such as a sports or aquatics complex. 4(c) C. The property owner has indicated his interest in providing locations for these public services in exchange for City led efforts to design and market the property as described under Discussion "E" above. To achieve this level of cooperation and agreement, staff would develop and seek authorization from Council to enter into a Development Agreement with the property owner. D. The Development Agreement would specify City efforts for marketing and development strategies, creation of a master plan for the area and creating planning and design guidelines. In turn, the Development Agreement would specify parameters for City acquisition of properties needed for community services. This could include outright exchange of property or reduced sales price of property for City planning and marketing efforts. E. Staff is requesting Council discussion and direction on this issue at this early stage. If Council concurs, a Development Agreement with the owner will be prepared and returned to Council for approval. AGENDA REPORT FOR: City Council - January 28, 2015 TO: Dave Zabell, City Manag Workshop Mtg.:2/9/15 Regular Mtg.: 2/17/15 FROM: Rick Terway, Director, Adminis e & Community Services SUBJECT: Recreation Facility Rental Fee Authority I. REFERENCE(S): 1. Recreation Facility Rental — Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/9: Discussion 2/17: MOTION: I move to adopt Ordinance No. amending PMC 3.07.040, Recreation Facility Rental, and further, authorize publication by summary only. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: A) Fees for recreation facilities have historically been established by Ordinance or Resolution, which lacks the flexibility necessary to modify fees necessitated by changing costs and conditions. B) Fees may be more economically and efficiently established by the City Manager or designee, based upon an established criteria which is list in the attached ordinance. C) Clearer administrative authorization for the establishment of the fees and their criteria for determination are beneficial to the citizens as rates can be adjusted more quickly and efficiently. New or unique uses of facilities can also be undertaken with the flexibility to change fees according to the needs of the program or event. V. DISCUSSION: A) Staff proposes the City Manager or designee have the authority to set recreation facility rental fees and charges based on operational and maintenance costs, fees charged by nearby jurisdictions and recreation market trends. B) Staff recommends approval of the proposed Ordinance. 4(d) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington Amending PMC 3.07.040 "Recreation Facility Rental" WHEREAS, fees for the City recreation facilities have historically been established by Ordinance and/or Resolution which lack the flexibility necessary to modify fees necessitated by changing costs and conditions. Such fees may be more economically and efficiently established by the City Manager, or designee, based upon an established criteria; and WHEREAS, clearer administrative authorization for the establishment of recreation facility fees and their criteria for determination is beneficial to both the citizens and the administration of the City of Pasco; and WHEREAS, it is in the best interest of the City that facility rental fees and charges be set by the City Manager or designee; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 3.07.040 of the Pasco Municipal Code entitled 'Recreation Facility Rental' shall be and hereby is amended and shall read as follows: 3.07.040 RECREATION FACILITY RENTAL. The City ineludiftg Manager, or designee, is hereby authorized to set the rental fees and charges for pools, buildings, rooms, parks, fields and shelters, available for rental to the public shall be estabiished amended based upon: A) The operational and maintenance costs and demands for such facility. B) The fees and charges for similar facilities charged by other nearby jurisdictions C) Recreation market trends. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this _ day of 2015. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney AGENDA REPORT FOR: City Council February 2, 2015 TO: David Zabell, City Manager Workshop Mtg.: 2/9/15 Rick White, Regular Mtg.: 2/17/15 Community & Economic Development Director 1�\ FROM: Angela R. Pitman, Block Grant Administrator SUBJECT: HOME Consortium Agreement — Amendment No 1 for Kennewick Pasco and Richland Program Years 2014-2016 (AGRMT2015-001) I. REFERENCE(S): A. HOME Consortium Agreement - Proposed Resolution B. HOME Consortium Agreement - Amendment No. 1 to Cooperative Agreement of the Tri - Cities HOME Consortium H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/9: DISCUSSION 2/17: MOTION FOR CONSENT AGENDA: I move to approve Resolution No. approving Amendment No. 1 to the HOME Cooperative Agreement between the Cities of Pasco, Kennewick and Richland for Program Years 2014-2016. HI. FISCAL IMPACT: Pasco's share of federal HOME funds in 2014 is $200,000 plus program income generated, approximately $435,000 is expected be available over the next three years. IV. BISTORY AND FACTS BRIEF: V. A. Pasco entered into a HOME consortium agreement with Richland and Kennewick in 1995, making the city eligible for federal HOME funds. The populations of the individual cities alone do not meet the U.S. Department of Housing and Urban Development (HUD) minimum. By joining together in a consortium, funds are available to the three cities. B. In June of 2013 the revised HOME Consortium Agreement and renewal for Tri -Cities HOME Consortium for program years 2014-2015-2016 was approved by Council Resolution 3475. A. Amendment No.I to the Cooperative Agreement revises Sections 4 and 7 as follows: a) Section 4 — Allocation of HOME funds. This revision incorporates changes previously agreed upon by the member cities, such as limiting activities to down payment assistance, distributing funds equally, shortening the deadline for expending funds to 24 months, and awarding a minimum of 15% or more to CHDO projects. b) Section 7 Administrative Fees, adds two new sections: i. Administrative Shortfalls, allocates administrative shortfalls equally among members; members agree the 10% administrative funds generated by respective members may be used toward the administrative shortfall by the Lead Entity. ii. Negative Interest, permits reimbursement of negative interest to the Lead Agency. In the event the negative interest occurs as the result of actions of a particular member, that member will be fully responsible for reimbursement. Negative interest not related to the actions of particular member would be equally allocated to all members. Negative interest is not an administrative cost and may not be reimbursed from federal funds. B. Section 6, Term of the Cooperative Agreement, limits exposure to the city to the length of time necessary to carry out all the activities that will be funded from funds awarded for three federal fiscal years 2014, 2015, 2016. If funding ceases, the cooperative agreement would continue only until awarded funds were fully expended. C. The Cooperative Agreement is a separate instrument than the subrecipient agreements Council has recently considered. HUD requires both instruments to be consistent. 4(e) RESOLUTION NO. A RESOLUTION APPROVING AMENDMENT NO. I TO THE HOME COOPERATIVE AGREEMENT FOR TRI -CITIES HOME CONSORTIUM OF KENNEWICK, PASCO, AND RICHLAND UNDER THE NATIONAL AFFORDABLE HOUSING ACT WHEREAS, the Cities of Kennewick, Pasco and Richland entered into a cooperative agreement to form a consortium to increase the local supply of decent affordable housing to low income residents as authorized by Public Law 101-625, the National Affordable Housing Act of 1990 (NAHA); and WHEREAS, the members of the Consortium desire to amend the cooperative agreement to incorporate changes previously agreed upon to limit activities to down payment assistance, distribute grant funds equally, shorten deadlines for expending funds, and permitting greater than the 15% minimum set-aside be used for CHDO projects, and WHEREAS, the members of the consortium desire to amend the cooperative agreement to specify how Administrative Shortfalls and Negative Interest will be allocated, and WHEREAS, the Term of the Cooperative Agreement, limits exposure to the members of the consortium to the length of time necessary to cant' out all the activities that will be funded from funds awarded for three federal fiscal years 2014, 2015, 2016; NOW THEREORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council approves Amendment No. 1 to the HOME Consortium Cooperative Agreement with the Cities of Kennewick and Richland and authorizes the City Manager to sign the agreement. PASSED by the City Council of the City of Pasco this day of February, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney After recording please return to: City of Richland, Housing and Redevelopment Attn: Michelle Burden P.O. Box 190 MS 19 Richland, WA 99352 AMENDMENT #1 TO COOPERATIVE AGREEMENT THE TRI -CITIES HOME CONSORTIUM FORMED UNDER THE NATIONAL AFFORDABLE HOUSING ACT PROGRAM YEAR 2014-2015-2016 This Amendment is entered into between the Cities of Kennewick, Pasco, and Richland, municipal corporations of the State of Washington (Members), for the purpose of amending the Cooperative Agreement of the Tri -Cities HOME Consortium originally formed in 1996 under the HOME Investments Partnership (HOME) Program and restated in a replacement agreement executed in 2013. This Amendment will become effective upon execution by the parties and approval by the U.S. Department of Housing and Urban Development (HUD). The following sections of the Cooperative Agreement executed in 2013 are hereby amended as follows: SECTION 4: PROGRAM ADMINISTRATION Allocation of HOME Funds. HOME funds will be allocated between the Members in the following manner: (omitted; remains as written) ii. Fifteen percent (15%) or more of the overall allocation will remain with the Lead Entity to be utilized for CHDO Set -Aside activities. CHDO projects will be identified by Consortium Members as described in Section 4.f below. iii. The remaining balance of the overall allocation shall be invested in down payment assistance. These funds shall be divided equally among Members. Each member is entitled to plan for the expenditure of funds in an amount equal to their share of the HOME grant award, as is determined during each fiscal year of this Agreement and identified in the Annual Action Plan. If desired and applicable, the Cities of Kennewick and Pasco may serve as Subrecipient Administrators to the Lead Entity to oversee investment of their respective portion of HOME funds in down payment assistance. e. Funding Timelines. Any HOME funds set aside for a Member and not committed to a project within 18 months, or expended within 24 months of the award of HOME funds to the Tri -Cities HOME Consortium, will be made available to other projects across the Consortium. Reallocation will be executed by the Lead Entity with written notification of affected member(s). Members are aware that if funds are not committed and expended according to effective HUD deadlines, that HUD will recapture the funds. Such a recapture will reduce the availability of funds for that individual member by the amount determined by HUD to be in non-compliance. CHDO Set Aside. Fifteen percent (15%) or more of the overall allocation will remain with the Lead Entity to be utilized for CHDO Set -Aside activities. Members will work together to identify CHDO projects, and funding will be based primarily on community impact, developer capacity, project feasibility, and readiness to proceed. Members will aim to rotate the location of CHDO projects when possible. After Members identify CHDO project(s), the Lead Entity will perform required administrative duties to assess, approve, and fund projects. SECTION 7: ADMINISTRATIVE FEES The HOME Consortium will retain ten (10) percent of the grant or the maximum allowed by the program regulations for administration and management of the HOME program. The Lead Entity will oversee an annual process to budget administrative fees. Only costs associated with the management and administration of the HOME program may be charged against HOME administrative allocations. Program income generated by other member programs will not be included in the 10% calculation unless agreed upon by the respective Member. Administrative Shortfalls. Administrative shortfalls by the Lead Entity shall be addressed annually. Member Cities shall agree to split such shortfalls equally. Members may agree to utilize the 10% administrative funds generated by their program income to use toward administrative shortfalls experienced by the Lead Entity. b. Negative Interest. In the event that negative interest occurs as a result of the action(s) of a particular Member, then that Member is fully responsible for reimbursing the Lead Entity; PROVIDED, however, that if negative interest occurs that is not directly related to a single Member's actions, then each Member shall equally share in the cost of the negative interest. Note that negative interest earnings cannot be claimed as an administrative cost and must be reimbursed from non-federal funds. All other terms and conditions of the Cooperative Agreement executed in 2013 not specifically referenced in this Amendment remain unchanged and in full force and effect. [Signature Page to Follow] COOPERATIVE AGREEMENT — THE TRI -CITIES HOME CONSORTIUM AMENDMENT #1 SIGNATURE PAGE Marie E. Mosley, City Kennewick City of Kennewick Dave Zabell, City Manager City of Pasco Cynthia D. Johnson, City Manager City of Richland APPROVED AS TO FORM: Heather Kintzley, City Attorney City of Richland APPROVED AS TO FORM: Lee B. Kerr, City Attorney City of Pasco Date Date Date APPROVED AS TO FORM: Lisa Beaton, City Attorney City of Kennewick AGENDA REPORT NO.2 FOR: City Council February 6, 2015 TO: Dave Zabell, City Manager Ahmad Qayoumi, P.E., Public Works Director Workshop Mtg.: 2/9/15 FROM: Kent McCue, Interim Engineering Manager � w` Regular Mtg.: 2/17/15 SUBJECT: Process Water Reuse Facility D02E Floating Aerator Declaration of Sole Source I. REFERENCE(S): 1. Process Water Reuse Facility D02E Floating Aerator - Proposed Resolution 2. Process Water Reuse Facility D02E Floating Aerator - Price Quote 3. Process Water Reuse Facility D02E Floating Aerator— Memo H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 02/09: Discussion 02/17: MOTION: I move to approve Resolution No. , waiving competitive bidding requirements and approving the purchase of the Titus Industrial Group, Inc., D02E Floating Aerator, and approving install of the equipment. III. FISCAL IMPACT: Process Water Reuse Facility Fund. IV. HISTORY AND FACTS BRIEF: A) The Public Works Department Plant Operation Division is requesting the installation of a Titus Industrial Group, Inc., D02E Floating Aerator at the Process Water Reuse Facility (PWRF). An aerator is used in wastewater treatment to introduce air into the wastewater as a way to break down organic matter. The aerator provides oxygen transfer, mixing sludge reduction, and reduction in odors. B) As part of Phase III of the PWRF Improvements to remove BOD (Biochemical Oxygen Demand) staff researched extensively types of aerators that are available on the market that would provide low cost and low maintenance aerations to remove BOD as part of cleaning the wastewater. C) Staff selected two types of aerators to be tested. One of the available aerators was from Titus Industrial Group, Inc. D) For a period of six weeks, Titus Industrial Group, Inc. provided a demo aerator. Staff was very impressed with its performance and the ease of operation with its "plug and play" technology. E) Staff was not able to test the other type of aerator. It required more of an extensive set up (i.e. heavy duty blower). F) Staff have been experiencing solids in the process water received at the PWRF that are causing pipes to become blocked which could potentially lead to the pond overflowing. The addition of an aerator to the process will suspend solids thereby reducing the blockages of the piping system. V. DISCUSSION: A) The need exists not only for an aerator but one that can be easily moved throughout the pond and to other ponds as the needed. B) The Titus Industrial Group, Inc., D02E Floating Aerator is a high volume floating aeration system. The D02E is a patented mixer/aerator with no moving parts located in the water and is 100% air driven by low pressure, high volume regenerative air pumps. Titus Industrial Group, Inc. is the only manufacturer that sells this product and has the patent. C) The D02E Floating Aerator is ideal for use at the PWRF compared to other available aeration systems. The Titus Industrial Group, Inc., D02E Floating Aerator is a floating unit that is connected to a blower that is located on the banks of the pond. Other aeration systems and their blowers rest on the bottom of a pond. The majority of maintenance on an aerator is performed on the blower system. With the D02E Floating Aerator's blower system located on land, this reduces a potential safety hazard compared to other aeration systems where the aerator and its blower must be pulled to the surface to perform the maintenance, all while the operator is 4(f) located in a boat. Staff researched the alternatives currently being used by other municipalities and concluded that this was the best fit for the PWRF application and its existing infrastructure. D) With the blower system of the D02E Floating Aerator being located on land, the need for high voltage power lines to be run throughout the pond is eliminated compared to other aeration systems.. The facility is already pre -wired for this proposed aeration system. E) Other aeration systems require extensive additions and modifications to existing infrastructure. This requires draining the pond and puncturing the HDPE liner. It also restricts where the aerator can be moved to. If the operators would like to move the aerator to another section of the pond, another structure or concrete pad would need to be installed. The D02E Floating Aerator being a floating unit, it can easily be disconnected from the bank of the pond and floated to another section of the pond and quickly reactivated. RESOLUTION NO. A RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS FOR THE PURCHASE OF A TITUS INDUSTRIAL GROUP, INC., D02E FLOATING AERATOR AT THE PROCESS WATER REUSE FACILITY, AND APPROVING INSTALLATION OF THE EQUIPMENT. WHEREAS, Plant Division staff have been experiencing solids in the process water received at the PWRF that are causing pipes to become blocked which could potentially lead to the pond overflowing. An aerator will help keep the solids suspended, reducing the pipe from becoming blocked, and WHEREAS, Plant Division Staff are in need or an aerator that is safe to operate and can be moved easily within a pond and that is able to be relocated to other ponds, and WHEREAS, pursuant to RCW 39.04.280 Titus Industrial Group, Inc., is the sole source of the D02E Floating Aerator; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council does hereby declare that the purchase of Titus Industrial Group, hie., D02E Floating Aerator is clearly and legitimately limited to a single source of supply, and that the sole source of supply is Titus Industrial Group, Inc., and BE IT FURTHER RESOLVED, that the competitive bidding requirements for the City of Pasco are hereby waived and the Pasco Public Works Department is authorized to purchase a D02E Floating Aerator from Titus Industrial Group, Inc. for the sum of $ PASSED by the City Council of the City of Pasco this 17th day of February, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Titus Industrial Group, Inc. 1450 NW Gardner Road Prineville, 97754 Phone. 541-389-1975 Fax:541-389-2911 I Name/Address I City of Pasco PO Box 293 Pasco, WA 99301 D02E Estimate Date Estimate # 1/26/2015 10377 Page 1 FOB Terms Rep Freight Prineville OR Custom LT Prepay and Add Item Description Qty U/M Rate Total 88.20SFAA460TP High Volume Double Flow Aerator 1 Unit 58,756.80 58,756.80T Heavy Duty Industrial grade Lockable Enclosure 20 Hp Regenerative Blower Prewired 480 volt 3 phase @ 60 Hz Built in Air filter Assembly Motor Starter Power Lock -out Cooling Fan Preset Pressure Relief Valve 100 Ft. of 6 inch extreme weather air feed hose with aluminum Cam -lock fittings 1 Support floats for 6 -inch air feed hose Please allow a 6 to 8 week lead time Lifting Device Aerator Stainless Steel Lifting Device 1 ea 2,500.00 2,500.00T Horizontal Inlet Optional HDPE Horizontal Inlet for Double Flow l ea 2,500.00 2,500.00T Aerator Lining protection when operating the aerator in water levels below 6 feet. Freight Expense Freight Expense Estimate to Pasco, WA 99301 1 895.00 895.00T If Construction Site Delivery or Call Prior to Delivery is Required Additional Charges will Accrue Subtotal Sales Tax (8.6%) Total Page 1 Titus Industrial Group, Inc. A. 1450 NW Gardner Road Prineville, OR 97754 Phone. 541-389-1975 Fax:541-389-2911 Name /Address City of Pasco PO Box 293 Pasco, WA 99301 D02E Estimate Date Estimate # 1/26/2015 10377 FOB Terms Rep Freight Prineville OR Custom LT Prepay and Add Item Description qty U/M Rate Total * Payment Terms for purchasing Directly From Titus Industrial Group, Inc. 50% Deposit Due at onset of Purchase Order Balance Due at Delivery * Customer Responsible for Installation Costs **TituslG will provide the City of Pasco a ` Immer" unit, the single flow demonstration aerator that we previously provided when it becomes available by middle of February at no additional cost for use until their order is fulfilled. Anticipated delivery date of the demo unit yet to be determined. Quote Valid 30 days Customer is Responsible for. Subtotal $64,651.80 1. Any and all applicable Freight Taxes, and Tariffs 2. Providing Electrical Connections from blower to Power Supply 3. Lifting devices and equipment if required for installation. Sales Tax (8.6%) $5,560.05 4. Any and all Installation Total $70,211.85 5. Depoosit May be Required Shipping is Additional: If freight cost is quoted, please note that they are only an estimate and any vary depending at, quantity shipped and carrier/services selected. Memo Public Works Department To: Dave Zabell, City Manager Ahmad Qayoumi, P. E., Public Works Director 11^,''�^ From: Kent McCue, Interim Engineering Manager h-'�"r l Date: February 4, 2014 Re: Process Water Reuse Facility DO2E Floating Aerator— Sole Source Introduction. The Public Works Department Plant Operation Division is requesting the installation of an aerator and associated blower for providing aeration and mixing of the process water in the 5 million gallon equalization basin at the Process Water Reuse Facility (PWRF). (An aerator is used in wastewater treatment to introduce air into the wastewater as a way to break down organic matter. The aerator provides oxygen transfer, mixing sludge reduction, and reduction in odors). Plant Division staff have been experiencing solids in the process water received at the PWRF that are causing pipes to become blocked which could potentially lead to the pond overflowing. An aerator will help keep the solids suspended, reducing the pipe from becoming blocked. Staff has determined that it is necessary to purchase an aerator for the PWRF. Evaluation. Staff have been experiencing solids in the process water received at the PWRF that are causing pipes to become blocked which could potentially lead to the pond overflowing. Staff have a high need for not only an aerator but one that is able to be easily moved throughout the pond and one that can be moved to other ponds as the need calls for it. The Titus Industrial Group, Inc., DO2E Floating Aerator is a high volume floating aeration system. The DO2E is a patented mixer/aerator with no moving parts located in the water and is 100% air driven by low pressure, high volume regenerative air pumps. The DO2E Floating Aerator is ideal for use at the PWRF compared to other aeration systems as it is a floating unit that is hooked to a blower that is located on the banks of the pond. Other aeration systems and their blowers rest on the bottom of a pond. The majority of maintenance on an aerator is performed on the blower system. With the DO2E Floating Aerator's blower system located on land, this reduces a potential safety hazard compared to other aeration systems where the aerator and its blower must be pulled to the surface to perform the maintenance, all while the operator is located in a boat. With the blower system of the DO2E Floating Aerator being located on land, the need for high voltage power lines to be run throughout the pond is eliminated compared to other aeration systems. 0 Page 1 Other aeration systems require concrete pads or structures to be built and placed into the pond for the aerator to be placed on. This requires draining the pond and puncturing the HDPE liner. It also restricts where the aerator can be moved to. If the operators would like to move the aerator to another section of the pond, another structure or concrete pad would need to be installed. With the DO2E Floating Aerator being a floating unit, it can easily be untied from the bank of the pond and floated to another section of the pond. In the event the operators see the need for the aerator to be moved to another pond, the aerator can be lifted from the current pond by crane and moved to the other pond. Finally, Titus Industrial Group, Inc., had provided a model of their DO2E Floating Aerator for testing at the PWRF and the aerator has proven to work well. Responses to the Sole Source Worksheet questions. The following are responses to the Sole Source Worksheet developed by the City Attorney for the purposes of ensuring that a reasonable and rationale evaluation is conducted in accordance to WA State Law for these types of purchases. 1. Please describe the items and its function: The aerators at the Reuse Facility are used for mixing and aerating the process wastewater contained in the ponds for ultimate disposal on irrigation circles. The Titus, high volume double flow aerator is a patented floating aeration system that is a mixer/aerator with no moving parts (not considering the land based blower) and is 100% air driven by low pressure, high volume regenerative air pumps. This aerator uses a combination of fine air bubbles creating a Venturi effect (bubbles rising through a confined space pushing water) where oxygen is maximized for both transfer and water velocity mixing. This aerator will also include a heavy duty industrial grade lockable enclosure, 20 HP regenerative blower pre -wired 480 Volt 3 phase at 60 Hz, built-in air filter assembly, motor starter, power lock -out, cooling fan, preset pressure relief valve, 100 feet of 6 -inch extreme weather air feed hose with aluminum cam -lock fittings, 1 support float for 6 -inch air feed hose, and shipping. 2. This is a sole source because: (a) sole provider of a licensed or patented good or service (b) Sole provider of goods or services that will meet the specialized needs of the City or perform the intended function. 0 Page 2 3. What necessary features does this vendor provide which are not available from other vendors? Titus Industrial Group, Inc., is able to provide, which is not available from other vendors, the patented DO2E Floating Aerator. The DO2E Floating Aerator offers the following features: • An energy cost saving of approximately 40% compared to other aerators. • The capability of being easily moving to different locations within the pond and can even be moved to other ponds. These aerators float in the pond and are hooked to the shore. This compares to other models requiring a structure or concrete pad in the water that they are hooked to. The Titus aerators can be moved within the pond from the land by unhooking the unit and pulling to another location within the pond. Other aerators require the operators to be in a boat to unhook and move the units. • Offers a safety advantage compared to other aerators due to minimal amount of maintenance needed, especially maintenance over water. • Offers a safety advantage compared to other aerators due to no moving parts on the equipment located in the water. • Offers a safety advantage compared to other aerators due to blowers being land-based; thus eliminating the need for high voltage transmission lines placed in the water. • A model of the aerator was provided for demonstration that worked well. 4. What steps were taken to verify that these features are not available elsewhere? Other brands/manufacturers were examined and/or contacted. (a) Aqua Aerators were previously used, but cannot meet standards needed now because they: • Require a concrete pad to sit on which we do not currently have and would not want to build one until we were sure of the location of the aerator. • Will operate at 6.5 feet, verses 5 feet with Titus Aerator. • Aqua Aerators uses a 50 Hp motor versus a 20 Hp motor used for the Titus Aerator thus being less energy efficient. (b) Triple Point Water Technologies- Contact is Braden O'Leary 630-208-0720 • These aerators require a concrete pad to sit on which we do not currently have and would not want to build one until we were sure of the location of the aerator. This also restricts the ability of the aerator to be moved to other locations within the pond or to other ponds. • Operate at the bottom of the pond requiring operators to pull the equipment to the surface from a boat in order to perform maintenance. Recommendation. Staff recommends that the City of Pasco sole source the purchase of a Titus Industrial Group, Inc., DO2E Floating Aerator for the PWRF. 0 Page 3