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