HomeMy WebLinkAbout06012017 Economic Development Committee PacketCouncil Economic Development
Committee
Members:
Councilmember Coffey
Councilmember A. Gutierrez
Councilmember Cousens
CED Conference Room
City Hall
Thursday, June 1, 2017
1:30 p.m.
Staff:
Cliff Moore, City Manager
Sean Hawkins, Economic Development
Manager
Rob Peterson, Airport Manager
Joan Davenport, Director of Community
Development
Others:
Agenda
Review Minutes from April 27, 2017 Meeting:
Action Items:
1. Downtown Yakima Business Improvement District (DYBID) Maintenance Services
Agreement with Downtown Association of Yakima (DAY) — Sean Hawkins
Update Items:
1. RECON 2017 and Follow Up — Jon Smith, Avina Gutierrez & Jon Smith
2. Progress Update — Yakima County Development Association — Jon Smith
3. Economic Development Plan Update — Sean Hawkins
4. Local Option Rental Car Tax — Sean Hawkins, Rob Peterson
Audience Comments:
Council Economic Development
Committee
Planning Conference Room
City Hall
April 27th, 2017
1:30 p.m.
Members: Staff: Others:
Councilmember Coffey Cliff Moore, City Manager Luz Gutierrez
Councilmember Gutierrez Sean Hawkins, Economic Development Verlynn Best
Manager Jon Smith
Joan Davenport, Director of Community
Development
Rob Peterson, Airport Manager
Sue Ownby, Purchasing Manager
Colleda Monick, Economic
Development Assistant
Executive Minutes
Reviewing of the Minutes from March 23rd, 2017 — reviewed and accepted as submitted
• JEM Development Parking Agreement -
Hawkins provided an update regarding the parking agreement between the City of
Yakima and JEM Development for the use of two parking lots. No action is necessary
to keep the agreement in place, but the council has an option to review the agreement
and would need to find an alternative revenue source in order to extend the agreement.
Parking lot usage was explored over a two week time period and the findings were
presented to councilmembers as requested.
Councilmembers Coffey and Gutierrez would like the findings and the agreement presented to full
council for further discussion.
• Yakima Millsite — Visual Engineering Resource Group (VERG) Project
Hawkins and Davenport provided a brief overview of sample projects created by the
VERG. Plans are underway for a three party contract (between the City of Yakima,
Yakima County and Washington Department of Transportation "WASHDOT") to be
brought forth to council for VERG to create a video rendering of the Millsite. The
contract would not require any General Funds to be used as the City would be able to
use LIFT funds for its portion of the three party contract.
Councilmembers Coffey and Gutierrez were in agreement to bring the contract forward for full
council review at the May 16th, 2017 council meeting.
• Economic Development Plan — Incubator RFQ Contract
Hawkins and Ownby provided a brief overview of the RFQ process for the incubator
contract. Over 106 different firms were sent the RFQ with only 2 submitting proposals.
The proposals were then scored and the firm with the highest score, Graham Baba
Architects will be contacted and an agreement with them for the services will be brought
forth for full council review at the May 16th, 2017 council meeting. The deadline for the
CERB agreement is May 19th, 2017, which provides funding to the city for the incubator
RFQ.
Councilmembers Coffey and Gutierrez have agreed to move the RFQ Contract with Graham Baba
Architects to full council for review without committee consensus.
Update Items
Economic Development Plan — Next Steps
Per council request, Hawkins will provide a quarterly update to council on plan
developments (first update set for June 6th,2017). Hawkins shared the Yakima Millsite
website as well as an online site map for business sites. Hawkins also reviewed updates
regarding the image campaign and a preliminary website draft/updates to be made to the
city website.
Airport Update -
Peterson provided an update on airport activities; including load factor numbers and an
upcoming military exercise to take place at the airport. Councilmember Coffey requested
additional information to be shared at the next council ED meeting regarding accessing a
tax on rental fees for cars to be used for marketing dollars for FIyYKM.
Audience Participation —
Jonathan Smith of YCDA shared with the group insight on why Autozone' chose Pasco
over Yakima, noting that none of the Yakima sites were 'site ready'.
Hawkins shared a civic request for "Brewery Welcome" banners to be hung along Yakima
Avenue during mid August through October 1St. Councilmembers requested a detailed
written proposal to be shared at the next council ED committee meeting.
Memorandum
To City Manager, Cliff Moore
From: Sean Hawkins, Economic Development Manager
Date: December 1, 2016
Subject: Downtown Yakima Partnership
Downtown Yakima Partnership Concept
Based on conversations with the City's Council Economic Development Committee, there
appears to be general consensus for the City's Economic Development staff to transition out of
the day-to-day work they have been performing in downtown development and shifting this work
to the Downtown Association of Yakima. Throughout the last few months, City of Yakima staff
have been working directly with the Downtown Association of Yakima and various downtown
stakeholders on the creation of a Downtown Yakima Partnership proposal. The partnership
model is the most common downtown management method used throughout the United States.
The concept of the Downtown Yakima Partnership would be to place Yakima's three pillars of
downtown activity under one organizational home. Under this proposal, the Downtown
Association of Yakima would manage the three following reoccurring downtown programs:
1) Promotion and Downtown Communication — These services are currently performed
by the Downtown Association of Yakima with City assistance.
2) Downtown Event Production — the City of Yakima Economic Development
Department currently produces Downtown Summer Nights, Roots and Vines
Festival, Blues and Brews Festival, Lunchtime Live, Light Up the Plaza and more.
3) Downtown Yakima Business Improvement District — the City of Yakima Economic
Development Department currently manages the Block by Block contract for
downtown maintenance services.
Downtown Yakima Partnership Funding
To fund the Downtown Yakima Partnership, City staff seeks guidance from council on funding
the following three expenditures:
Washington State Main Street Tax Credit
City staff is seeking council approval to enter into an agreement with the Downtown Association
of Yakima to continue an annual application for a Washington State Main Street Tax Credit. The
City of Yakima has successfully applied for this funding in 2015 and 2016. The City of Yakima
annually pays over $500,000 in utility taxes to the State of Washington and upon Department of
Revenue approval, this program allows us to keep up to $100,000 of our annual tax obligation
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and provide it to our local State Certified Main Street program. The tax credit program allows a
tax credit to the City in the year after it is approved so the tax credit we were awarded in 2015
reduced our utility tax obligation in 2016.
The tax credit funding works like this:
2016 — City pledges $133,333 to the Downtown Association of Yakima and applies to
the Department of Revenue for the tax credit on the first working day of 2017;
2017 — City receives $100,000 tax credit towards their State of Washington Tax
Obligation as a result of the pledge;
2017 — Downtown Association reimburses the City of Yakima $33,333 to cover the net
cost of the tax credit.
Under this scenario, the impact to the City of Yakima budget would be zero and funding to
provide downtown events and maintenance is made available.
City of Yakima Special Event Fund
City staff is seeking council guidance on $30,000 in annual funding from the $75,000 to the
Downtown Association of Yakima to produce special events in downtown that the City of
Yakima Economic Development staff originated in 2013 such as Downtown Summer Nights,
Roots and Vines, Blues and Brews and more. The $75,000 Special Event Fund noted above is
included in the 2017 City of Yakima draft budget. It is recommended for the City to exit out of
assisting downtown events by providing $30,000 toward them in 2017, $20,000 toward them in
2018 and $10,000 towards them in 2019. The balance of $45,000 in the Special Event Fund in
recent years has been used to fund Cinco De Mayo, Viva La Music and Yakima Folklife Festival
and would be available with council consideration to fund again in 2017.
Downtown Yakima Business Improvement District
Since the inception of the Downtown Yakima Business Improvement District in 2008, the City
has made an annual contribution of $50,000 to the district budget to represent the properties the
City owns in the district including the Capitol Theatre, Convention Center, City Hall and
municipal parking lots. Including the City's participation, the DYBID produces annual revenue of
$210,000 annually specially for maintenance funding. The City's portion of DYBID funding is
included in the 2017 City of Yakima draft budget and is sourced from the Central Business
District account. It is recommended that this funding continue as long the district remains in
existence.
Downtown Yakima Partnership Creation Timeline
The following is a possible timeline and steps to establish the Downtown Yakima Partnership:
December 2016 — Yakima City Council approves State of Washington Main Street Tax Incentive
in the City of Yakima budget for $133,333. City Council will also consider a special event fund of
$75,000 in the City of Yakima 2017 Budget. The Downtown Association would refund the City
of Yakima back the net portion of the Main Street Tax Incentive.
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December 2016 — The Downtown Association of Yakima will advertise locally and nationally to
fill an Executive Director position. The expectation will be to have this position fill by March 1,
2017.
January 2016 — City staff will bring a resolution will to the Yakima City Council authorizing the
City Manager to execute two agreements with the Downtown Association of Yakima.
1. Approve a three year agreement for the City to apply for the maximum
amount of annual funding from the Washington State Main Street Tax
Incentive. This is currently set at $133,333 annually. The funds available
to the Downtown Association of Yakima would be subject to the
availability of funding available through the State of Washington Main
Street Tax Incentive Program. The Downtown Association of Yakima
would refund the net portion of the funding back to the City of Yakima.
2. Approve a three year agreement for $30,000 of special event funds to
produce Downtown Summer Nights, Roots and Vines Festival, Blues and
Local Brews Festival, Second Saturday Cruise Nights, Holiday Activities
and other special events. This funding would be sourced from the City's
$75,000 Special Event Fund. The amount would be reduced to $20,000 in
2018 and $10,000 in 2019. It would be written into the agreement that the
funding would cease 2020.
January 2016 — the Downtown Association of Yakima will create one seat on their board for the
City's Economic Development Department and the City Council will appoint a liaison to attend
board meetings.
March 1, 2017 — The City of Yakima Purchasing Department will provide a one month notice to
Block by Block of the termination of their maintenance contract.
March 2017 — City staff will bring a resolution to the Yakima City Council authorizing the City
Manager to approve a maintenance agreement with the Downtown Association of Yakima to
provide services in the Downtown Yakima Business Improvement District. The Downtown
Association of Yakima would be required to hire and supervise a minimum of 120 weekly hours
of clean team services. The City's DYBID contribution as well as the remaining balance of the
2017 portion of the DYBID maintenance fund will fund this work. The City Council would also
end the Downtown Yakima Business Improvement District Advisory Committee and require that
the Downtown Association of Yakima create a Clean and Safe Committee to address clean and
safe issues in downtown Yakima as part of the maintenance agreement.
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DOWNTOWN ASSOCIATION OF YAKIMA AGREEMENT
FOR MAINTENANCE AND BEAUTIFICATION SERVICES
for
City of Yakima, Washington
This agreement is made and entered into on this 1st day of July, 2017 between the
City of Yakima, Washington, a Washington municipal corporation (hereinafter referred to
as "CITY"), and Downtown Association of Yakima, a non-profit corporation (hereinafter
referred to as "DAY").
CITY and DAY for mutual consideration hereinafter set forth, agree as follows:
OBJECTIVES
A. To provide administrative, management, maintenance services and
beautification programs in downtown Yakima and to fulfill the objectives and obligations
set forth in the Scope of Services, below and as further specified in Exhibit "A," attached
hereto and incorporated herein by this reference.
II. SCOPE OF SERVICES
DAY agrees to perform consulting, management, administrative, advisory and
maintenance services for the CITY as set forth generally below, and as further specified
in Exhibit "A".
1. Develop, implement and provide daily management of maintenance and
beautification programs within the Downtown Yakima Business Improvement District
(DYBID).
2. Provide a minimum of 6240 annual hours (average of 120 weekly hours) of service in
the DYBID together with a proposed action deployment plan for meeting the Scope
of Services requirements, with final approval of DAY's deployment plan by City of
Yakima prior to initiating work.
3. Contract for, manage and/or provide for the provision of planting and landscape
services in the DYBID.
4. Contract for and/or provide daily oversight of maintenance ambassador programs.
5. Contract for and/or provide other works and services necessary to fully comply with
the identified services required by this Agreement.
6. Provide CITY with copies of all AGREEMENTs executed by DAY with sub-
contractors and vendors that are necessary for the provision of the materials and
labor required under the terms of this AGREEMENT (i.e. flower baskets).
7. Provide the City with detailed status summaries on January 1, March 1, July 1, and
October 1 of each AGREEMENT year detailing all work efforts and management
services provided in compliance with the agreements set forth herein.
III. PAYMENT
Consultant, Management, Administrative, Advisory and Maintenance Services
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1. As compensation for the managerial, administrative, and advisory and
maintenance services provided by DAY in accordance with this Agreement the
CITY agrees to pay DAY as set forth in Paragraphs III A. and III B. The City will
pay DAY One hundred twenty two thousand and five hundred dollars ($122,500)
from DYBID Assessments and City contribution for DAY managerial,
administrative, advisory and maintenance services provided under this
AGREEMENT.
2. No payment shall be made through this AGREEMENT for any
consultant, managerial, administrative, maintenance and advisory work
performed by DAY, except for work identified and set forth in this AGREEMENT
and the attached and incorporated Exhibits hereto.
IV. General provisions applicable to all services provided
1. DAY shall, in accord with the rates set forth herein, submit invoices to
the CITY not more often than once per month during the progress of the work for
partial payment of work completed to date. Invoices shall cover the period of
time DAY performed work for the CITY during the billing period. The CITY shall
pay DAY for services rendered in the month following the actual delivery of the
work and will remit payment within thirty (30) days from the date of receipt of
invoice.
2. DAY shall not be paid for services rendered under the AGREEMENT
unless and until they have been performed to the satisfaction of the CITY.
3. In the event DAY has failed to perform any substantial obligation
required by this AGREEMENT and such failure has not been cured within ten
(10) days following notice of said failure from the CITY, then the CITY may, in its
sole discretion, upon written notice to DAY, withhold any and all monies due and
payable to DAY, without penalty, until such failure to perform is cured or
otherwise adjudicated. "Substantial" for purposes of this AGREEMENT means
faithfully fulfilling the terms of the AGREEMENT with variances only for technical
or minor omissions or defects.
4. Unless otherwise provided for in this AGREEMENT or any exhibits or
attachments hereto, DAY shall not be paid for any billings or invoices presented
for payment for work accomplished prior to the execution of the AGREEMENT or
after its termination, provided however that it is understood and agreed that
billings or invoices that are submitted after the termination of this AGREEMENT
that are for compensation for work that was completed prior to the
AGREEMENT's termination, and accepted by the City, will be paid.
IV. RETAINER
Retainer is waived for CITY.
V. STANDARD PROVISIONS
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1. TERM OF AGREEMENT
The effective date of this AGREEMENT shall begin July 1, 2017, and it shall
terminate December 31, 2017, unless terminated earlier by the CITY in accordance with
paragraph 6 of this Section of this AGREEMENT. Beginning on January 1, 2018 and for
the remainder of the term(s) as they may be extended within the limitations set forth
herein, this AGREEMENT may be extended as an annual AGREEMENT and the City
may, at its option, extend the AGREEMENT on a year to year basis for up to four
additional one (1) year terms, provided that either party may at any time during the life of
this AGREEMENT, or any extension thereof, terminate this AGREEMENT in accordance
with the terms set forth in paragraph 6, below. Annual extensions shall be automatic,
and shall go into effect without written confirmation, unless either Party provides sixty
(60) days written notice of the intent not to extend the AGREEMENT. Prices shall
remain firm for the first six month period of the AGREEMENT. Compensation for future
extensions of this AGREEMENT shall be determined after estimates of annual DYBID
assessments, together with the amount available in the City's CBD account have been
considered: any change in compensation during the extension process shall be
approved through the City's budget process each fall.
2. AGREEMENT REPRESENTATIVES
Each party to this AGREEMENT shall have a representative. Each party may
change its representative upon providing written notice to the other party. The parties'
representatives are as follows:
a. For DAY:
Name of Representative: Andrew Holt
Title: ,Executive Director
Mailing Address: 14 South First Street
City, State and Zip Code: Yakima, WA '98901
Telephone Number:
E-mail Address: yakimadowntown@gmail.com
b. For CITY:
Name of Representative: Sean Hawkins
Title: Economic Development Manager
Mailing Address: 128 North Second Street
City, State and Zip Code: Yakima, WA 98901
Telephone Number: 509 575-6274
E-mail Address: sean.hawkins@yakimawa.gov
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3. AMENDMENTS AND CHANGES IN WORK
a. In the event of any errors or omissions by DAY in the performance of any
work required under this AGREEMENT, DAY shall make any and all necessary
corrections without additional compensation. All work submitted by DAY shall be
certified by DAY and checked for errors and omissions. DAY shall be responsible for the
accuracy of the work, even if the work has been accepted by the CITY.
b. No amendment, modification or renewal shall be made to this AGREEMENT
unless set forth in a written Amendment approved by the City Manager, signed by both
parties and attached to this AGREEMENT. Work under an Amendment shall not
proceed until the CITY has duly executed the Amendment.
4. HOLD HARMLESS AND INDEMNIFICATION
a. DAY shall hold harmless and indemnify the CITY, its officers, officials,
employees and agents, from and against any and all claims, actions, suits, liability,
losses, expenses, damages, and judgments of any nature whatsoever for injury,
sickness, disability or death to persons or damage to property or business, caused by or
arising out of DAY'S negligence or willful misconduct in the performance of this
AGREEMENT. Claims shall include, but not be limited to, claims that information
supplied by DAY infringes any patent, copyright, trademark, trade name, or otherwise
results in an unfair trade practice. PROVIDED HOWEVER, that DAY's obligations
hereunder shall not extend to injury, sickness, death or damage caused by or arising out
of the sole negligence of the CITY, its officers, officials, employees or agents.
PROVIDED FURTHER, that in the event of the concurrent negligence of the parties,
DAY's obligations hereunder shall apply only to the percentage of fault attributable to
DAY, its employees or agents.
b. In any and all claims against the CITY, its officers, officials, employees and
agents by any employee or subcontractor of DAY, anyone directly or indirectly employed
by any of them, or anyone for whose acts any of them may be liable, the indemnification
obligation under this Section shall not be limited in any way by any limitation on the
amount or type of damages, compensation, or benefits payable by or for DAY under
Worker's Compensation acts, disability benefits acts, or other employee benefits acts, it
being clearly agreed and understood by the parties hereto that DAY expressly waives
any immunity DAY might have had under such laws. By executing the AGREEMENT,
DAY acknowledges that the foregoing waiver was mutually negotiated by the parties and
that the provisions of this Section shall be incorporated, as relevant, into any
AGREEMENT DAY makes with any subcontractor or agent performing work hereunder
c. Additionally, for clarity, CITY will defend, indemnify and hold harmless DAY for
any claim for personal injury, death or damage to tangible personal or real property to
the extent caused by the negligence or willful misconduct of the CITY, its employees,
affiliates or agents.
5. INSURANCE
a. Workers' Compensation: DAY shall maintain workers' compensation
insurance as required by Title 51, RCW, and shall provide evidence of coverage to the
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CITY. If DAY has employees, DAY shall request the Washington State Department of
Labor and Industries, Workers' Compensation Representative, send written verification
to CITY that DAY is currently paying Workers' Compensation.
b. Commercial General Liability: DAY shall maintain Commercial General
Liability, or a combination of Commercial General Liability and Umbrella Liability
coverage for bodily injury, personal injury and property damage, subject to limits of not
less than $2,000,000 per occurrence. The general aggregate limit shall apply separately
to this AGREEMENT and be no less than $2,000,000.
DAY shall provide Commercial General Liability coverage that does not
exclude any activity to be performed in fulfillment of this AGREEMENT.
ii. DAY's Commercial General Liability insurance shall include the CITY, its
officers, officials, employees and agents with respect to performance of services,
and shall contain no special limitations on the scope of protection afforded to the
CITY as an additional insured.
DAY shall furnish the CITY with evidence that the additional insured
provision required above has been met. An acceptable form of evidence is an
Acord certificate of insurance with the endorsement page(s) of the policy showing
the CITY as an additional insured attached.
iv. If DAY's liability coverage is written as a claims made policy, then Day
must evidence the purchase of an extended reporting period or "tail" coverage for
a three-year period after project completion, or otherwise maintain the coverage
for the three-year period.
v. DAY shall also maintain Employers Liability Coverage (Washington Stop
Gap) with a limit of not less than $1 million.
c. Automobile Liability: DAY shall maintain Business Automobile Liability, or a
combination of Business Auto Liability and Umbrella Liability insurance with a limit of not
less than $2,000,000, per occurrence combined Bodily Injury and Property Damage
liability. Coverage shall include owned, hired and non -owned automobiles.
d. Other Insurance Provisions:
DAY's liability insurance provisions shall be primary with respect to any
insurance or self-insurance programs covering the CITY, its elected and
appointed officers, officials, employees and agents.
ii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the CITY, its officers, officials, employees or agents.
DAY's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
iv. DAY shall include all subconsultants/subcontractors as insureds under its
policies or shall furnish separate certificates and endorsements for each
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subconsultant. All coverage for subconsultants/subcontractors shall be subject
to all of the requirements stated herein.
v. The insurance limits mandated for any insurance coverage required by
this AGREEMENT are not intended to be an indication of exposure nor are they
limitations on indemnification.
vi. DAY shall maintain all required policies in force from the time services
commence until services are completed. Certificates, policies, and
endorsements expiring before completion of services shall be promptly replaced.
vii. DAY shall require that each subcontractor entering into contracts to
provide services on behalf of DAY shall include insurance provisions in said
contracts that provide the same insurance coverage that is set forth in this
AGREEMENT, shall comply with all provisions of paragraph 5, herein, and shall
include such requirements in all RFP's submitted to the CITY for bidding.
viii. DAY's Automobile Liability insurance shall include the CITY, its officers,
officials, employees and agents with respect to performance of services, and
shall contain no special limitations on the scope of protection afforded to the
CITY as an additional insured.
e. Verification of Coverage and Acceptability of Insurers: DAY shall place
insurance with insurers licensed to do business in the State of Washington and
having A.M. Best Company ratings of no less than A- VII or better
Certificates of Insurance shall show the Certificate Holder as CITY OF
YAKIMA and include c/o of the Office or Department issuing the AGREEMENT.
The address of the Certificate Holder shall be shown as the current address of
the Office or Department.
ii. Written notice of cancellation or change shall be mailed to the City's
Representative identified in Section 4 of this AGREEMENT
DAY shall furnish the CITY with properly executed certificates of
insurance or a signed policy endorsement which shall clearly evidence all
insurance required in this section prior to commencement of services. The
certificate will, at a minimum, list limits of liability and coverage. The certificate
will provide that the underlying insurance contract will not be canceled or allowed
to expire except on thirty (30) days prior written notice to the CITY.
iv. DAY or its broker shall provide a copy of any and all insurance policies
specified in this AGREEMENT upon request of the CITY.
6. TERMINATION
a. Either Party may terminate this AGREEMENT without cause upon giving sixty
(60) days written notice by Certified Mail to the other Party's Representative. In that
event, the CITY shall pay DAY a prorated portion of the total annual compensation
authorized under this agreement in an amount that is proportional to the days of the year
for which the services have been completed. Payment shall be made in accordance
with Section III of this AGREEMENT.
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b. In the event that the City's funding for this AGREEMENT obligation is
withdrawn, reduced or limited in any way after the effective date of this AGREEMENT or
during the term of any extension hereof, the CITY may summarily terminate the
AGREEMENT notwithstanding any other termination provision. Termination under this
paragraph shall be effective upon the date specified in the written notice of termination
sent by the CITY to DAY. Services that are performed after the effective date will not be
eligible for compensation, and any invoice for such services will not be honored. Any
services that are performed prior to and including effective date will be eligible for
compensation.
c. If DAY breaches any of its obligations hereunder, and fails to cure the breach
within ten (10) days of written notice to do so by the CITY, the CITY may terminate this
AGREEMENT, in which case the CITY shall pay DAY only for services that have been
accepted by the CITY up to the date of termination, in accordance with Section III of this
AGREEMENT. Upon such termination, the CITY, at its discretion, may obtain
performance of the work elsewhere, and DAY shall bear all costs and expenses incurred
by the CITY in completing the work and all damages sustained by the CITY by reason of
DAY's breach.
7. NO CONFLICT OF INTEREST
DAY represents that it and its employees do not have any interest and shall not
hereafter acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance of this Agreement. DAY further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
8. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
a. DAY shall perform the terms of the AGREEMENT using only its bona fide
employees, subcontractors or agents, and the obligations and duties of DAY under this
AGREEMENT shall not be assigned, delegated, or subcontracted to any other person or
firm without the prior express written consent of the CITY.
b. DAY warrants that it has not paid nor has it agreed to pay any company,
person, partnership, or firm, other than a bona fide employee working exclusively for
DAY, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this AGREEMENT.
9. NON -WAIVER OF RIGHTS
The parties agree that the excuse or forgiveness of performance, or waiver of
any provision(s) of this AGREEMENT does not constitute a waiver of such provision(s)
or future performance, or prejudice the right of the waiving party to enforce any of the
provisions of this AGREEMENT at a later time.
10. INDEPENDENT CONTRACTOR
a. DAY's services shall be furnished by DAY as an independent contractor and
not as an agent, employee or servant of the CITY. DAY specifically has the right to
direct and control DAY's own activities in providing the agreed services in accordance
with the specifications set out in this AGREEMENT.
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b. DAY acknowledges that the entire compensation for this AGREEMENT is set
forth in Section III of this AGREEMENT, and DAY is not entitled to any CITY benefits,
including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or
other insurance benefits, fringe benefits, or any other rights or privileges afforded to
CITY OF YAKIMA employees.
c. DAY shall have and maintain complete responsibility and control over all of its
subconsultants, employees, agents, subcontractors and representatives. No
subconsultant, employee, agent, subcontracor or representative of DAY shall be or
deemed to be or act or purport to act as an employee, agent or representative of the
CITY.
d. DAY shall assume full responsibility for the payment of all payroll taxes, use,
sales, income or other form of taxes, fees, licenses, excises, or payments required by
any City, federal or state legislation which is now or may be enacted during the term of
this AGREEMENT as to all persons employed by DAY and as to all duties, activities and
requirements by DAY in performance of the work on this project and under this
AGREEMENT and shall assume exclusive liability therefore, and meet all requirements
there under pursuant to any rules or regulations. DAY shall comply with all provisions of
Chapter 39.12 RCW concerning prevailing wages on Public Work.
e. DAY agrees to immediately remove any of its employees, agents or
subcontrators from assignment to perform services under this AGREEMENT upon
receipt of a written request to do so from the CITY's Representative or designee.
11. COMPLIANCE WITH LAWS
DAY shall comply with all applicable federal, state and local laws, rules and
regulations in performing this AGREEMENT.
12. INSPECTION OF BOOKS AND RECORDS
The CITY may, at reasonable times and with reasonable prior notice, inspect the
books and records of DAY relating to the performance of this AGREEMENT. DAY shall
keep all records required by this AGREEMENT for six (6) years after termination of this
AGREEMENT or any extensions thereof for audit purposes.
13. NONDISCRIMINATION
DAY, its assignees, delegates, subcontrators or subconsultants shall not
discriminate against any person in the performance of any of its obligations hereunder
on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital
status, veteran status, sexual orientation or the presence of any disability.
Implementation of this provision shall be consistent with RCW 49.60.400.
14. OWNERSHIP OF MATERIALS/WORK PRODUCED
a. Material produced in the performance of the work under this AGREEMENT
shall be as works for hire as defined by the U.S. Copyright Act of 1976 and shall be
owned by the CITY. This material includes, but is not limited to, books, computer
programs, plans, specifications, documents, films, pamphlets, reports, sound
reproductions, studies, surveys, tapes, and/or training materials. Ownership includes
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the right to copyright, patent, register, and the ability to transfer these rights. The CITY
agrees that if it uses any materials prepared by DAY for purposes other than those
intended by this AGREEMENT, it does so at its sole risk and it agrees to hold DAY
harmless therefore to the extent such use is agreed to in writing by DAY.
b. An electronic copy of all or a portion of material produced shall be submitted
to the CITY upon request or at the end of the job using the word processing program
and version specified by the CITY.
15. DISPUTES
Differences between DAY and the CITY, arising under and by virtue of this
AGREEMENT, shall be brought to the attention of the CITY at the earliest possible time
in order that such matters may be settled or other appropriate action promptly taken.
Any dispute relating to the quality or acceptability of performance and/or compensation
due DAY shall be decided by the CITY's Representative or designee. All rulings, orders,
instructions and decisions of the CITY's Representative shall be final and conclusive,
subject to DAY's right to seek judicial relief pursuant to paragraph 16 of this Section.
16. CHOICE OF LAW, JURISDICTION AND VENUE
a. This AGREEMENT has been and shall be construed as having been made
and delivered within the State of Washington and it is agreed by each party hereto that
this AGREEMENT shall be governed by the laws of the State of Washington, both as to
its interpretation and performance.
b. Any action at law, suit in equity, or judicial proceeding arising out of this
AGREEMENT shall be instituted and maintained only in courts of competent jurisdiction
in YAKIMA COUNTY, Washington.
17. SEVERABILITY
a. If a court of competent jurisdiction holds any part, term or provision of this
AGREEMENT to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations shall be construed
and enforced as if the AGREEMENT did not contain the particular provision held to be
invalid.
b. If any provision of this AGREEMENT is in direct conflict with any statutory
provision of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall be deemed modified to
conform to such statutory provision.
c. Should the CITY determine that the severed portions substantially alter this
AGREEMENT so that the original intent and purpose of the AGREEMENT no longer
exists, the CITY may, in its sole discretion, terminate this AGREEMENT.
18. NOTICES
Any notices shall be effective if personally served upon the other party or if
mailed by registered or certified mail, return receipt requested, to the addresses set out
in paragraph 2 of this Section. Notice may also be given by facsimile with the original to
9
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follow by regular mail. Notice shall be deemed to have been given three days following
the date of mailing or immediately if personally served. For service by facsimile, service
shall be effective upon receipt during working hours. If a facsimile is sent after working
hours, it shall be effective at the beginning of the next business day.
19. ENTIRE AGREEMENT
The parties agree that this AGREEMENT is the complete expression of its terms
and conditions. Any oral or written representations or understandings not incorporated
in this AGREEMENT are specifically excluded.
VI. AUTHORIZED SIGNATORS
Downtown Association of Yakima
By:
Victor Delong, President
Date:
City of Yakima
By:
Cliff Moore, City Manager
Date:
10
Exhibit A
DOWNTOWN ASSOCIATION OF YAKIMA AGREEMENT
FOR MAINTENANCE AND BEAUTIFICATION SERVICES
for
City of Yakima, Washington
Maintenance and Beautification Services Goals:
1. To provide a clean and safe environment for downtown Yakima;
2. To support the police department, property owners and tenants in overall crime
prevention efforts and reduction in neighborhood street disorder;
3. To offer a customer service orientation to pedestrians, especially convention
visitors;
4. To provide highly visible district security presence;
5. To provide a vibrant, clean, green and colorful downtown with supplemental
landscaping.
Services Scope of Work:
1. Cleaning:
a. Pan and broom litter pick-up of downtown sidewalks
b. Sweeping sidewalks to remove debris
c. Litter pickup throughout downtown district
d. Cleaning street furniture
e. Cleaning out planters and planting areas
f. Paper sign and handbill removal from public and private property
g. Removal of graffiti on public and private property. A waiver process must
be established for removal of graffiti on private property
h. Weekly removal of trash can contents and liner replacement of City trash
cans and other times as needed throughout the week
i. Two dumpsters with weekly pickup will be provided by the City of Yakima
in a convenient downtown location for district needs
j. Communicate large maintenance issues to appropriate City of Yakima
departments
2. Landscape Maintenance
a. Regular maintenance, pruning, trimming and weed abatement of
downtown district landscaped flower beds. Winterizing of the planters will
need to take place in November by cutting back vegetation. Weed
abatement will be performed throughout the district on public right of way
b. Purchase hanging baskets (300 annually) and flowers for planters annually
(214 annually).
c. Hang flower baskets (estimated at 300 per Season) at the beginning of the
season, and take down flower baskets at end of season. Provide storage
for baskets during the off season
d. Plant City ground planters (214) and flower beds as needed at beginning
of season
1
e. "Dead -heading" — includes removing dead flower blooms to encourage new
flowers for both ground planters and hanging baskets
f. Plant Replacement as needed through season based on budget availability
g. Watering, fertilizing (slow release fertilizer pellets that will release fertilizer
throughout the season, to be applied once a month), and insecticide
application as needed
h. Minor irrigation system repairs (Major repairs will be reported to and
completed by the City). Minor repairs can be defined as above ground
irrigation issue. The City will repair all below ground irrigation issues.
i. Turn on the irrigation systems and ensure watering schedule is
programmed to operate by Mid -March; cooperate with the City's Public
Works Department at the end of October or the first week in November to
blow out water lines
j. Mow millennium plaza grass and the 2nd Street and Yakima Avenue pocket
park grass as needed to provide neat appearance.
k. Within nine months of approval of this agreement, a staff members must
obtain an applicators license for weed abatement
3. Pressure Washing
Hot spot power wash the district sidewalks as needed throughout the year.
Pressure washing work includes spills, stains and cleanup from special
events. The pressure washer will also be used to remove graffiti.
4. Snow Removal
Snow removal on cross walk landings throughout the district as well as
sidewalks adjacent to City owned parking lots in the district. Icemelt will be
applied by Contractor and provided by the City's Public Works Department.
5. Safety Services
Act as an extra set of eyes and ears on district streets to provide a safety
presence in downtown. Relay crime information to the Yakima Police
Department.
Additional Scope of Work Requirements:
1. All work will be performed in the Downtown Yakima Business Improvement
District (see map, Attachment C)
2. The cleaning work will be performed on the sidewalks, from the building
line to approximately one foot from the street curb (which includes gutters).
No cleaning of private property or areas outside of district boundaries will
be done under this Agreement.
3. All staff uniforms and supplies must be provided by the Contractor and be
approved by the City.
4. Equipment must be provided by the Contractor; Contractor shall be
responsible for necessary maintenance and repairs of all equipment.
5. Uniforms must include Downtown Association of Yakima logo and/or name
on them. Uniforms must be appropriate for spring/fall, summer and
inclement weather and must be cleaned and maintained on a regular basis.
6. Regular meetings between the Downtown Association and the City will be
required.
2
7. All Contractor personnel shall maintain a neat and clean appearance and
present a polite demeanor to the public.
Purchasing Requirements
Per RCW 35.87A.200 any city or town or county authorized by this chapter to establish
a parking improvement area shall call for competitive bids by appropriate public notice
and award contracts, whenever the estimated cost of such work or improvement,
including cost of materials, supplies and equipment, exceeds the sum of two thousand
five hundred dollars. Compliance with these requirements shall be accomplished by
contacting the City of Yakima's Purchasing Division for assistance when purchasing
supplies and equipment associated with this contract.
Equipment Specifications (DAY to provide)
1. Truck and trailer to perform trash services in downtown district
2. Pressure Washer
3. Billy Goat Vacuum (or equivalent)
4. All necessary cleaning tools, equipment and cleaning and maintenance
supplies (i.e. graffiti removal, plastic gloves, fuel, pan and broom, trash can
liners etc.)
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Define desired site concept
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Design other irrr enlive oNerinq(s)
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Promote incentives to local employer;
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Assemble education and training providers
Inventory all educational assets
Document educational institutions outreach and marketing
Inventory occupation awareness programs
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Review bst projects jproieda
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What rate do I pay?
The rental car tax Is in addtidon to the retail sales lax. The rates are:
Rate
State rental rate .059
County rental rate .01 (Franklin, Pierce, King, 101titas, and Spokane
Counties)
.02 (King County Stadium Tax) See note below
Regional Transit Authority .008
(RTA)
What are the funds used for?
State rental rete Deposited Into the multimodal transportation account
per RCW 3 : .. ,.
County car remal rale After state administrative costs, local receipts are
distributed to counties for construction or operating
public sports stadiums or youth or amateur sports
activities or fadilt es.
King County rental rate After state administrative costs. receipts are distributed
to King County for bonds or related design and
preconstruction costs for a professional baseball
stadium in Seattle
► NOTE The King County Stadium Tax expired October
1 2011 Effective lax rates for car rentals in King County
(both RTA and Non-RT):+viitl therefore be reduced by 2
percent Businesses must continue to collect the
additional 2 percent tax on car rentals through
September 30, 2011.
Regional Transit Authority Devoted to financing a high capacity, rapid transit
system,
(-oNTACT OSI A13CTt1T QUFSTICNJ`:, PRINTER FRIENDt tCAREFuti