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HomeMy WebLinkAboutR-2011-032 DYBID Maintenance, Management and Safety Ambassador Services Agreement Renewal with CDYA RESOLUTION RESOLUTION NO. R-2011-32 authorizing the City Manager of the City of Yakima to execute a renewal of the "CDY Agreement for Professional and Ambassador Services for the City of Yakima" to provide maintenance, management and safety ambassador services in the Downtown Yakima Public Improvement District (DYBID) WHEREAS, the City of. Yakima has a deep and abiding interest in the maintenance, beautification and preservation of the City's Downtown Core; and WHEREAS, the City has authorized the DYBID fund, and also contributes directly for, essential downtown maintenance services for renovated public amenities in downtown Yakima; and WHEREAS, it is essential that services be provided to maintain, manage and provide safety ambassador services for the Downtown Yakima Business Improvement District (DYBID) established in 2008; and WHEREAS, the Committee for Downtown Yakima (CDY) has the resources and expertise to provide maintenance and safety management that is necessary to keep the City's Downtown Yakima Business Improvement District attractive, clean and safe; and WHEREAS, CDY has performed the Scope of Services over the last four years in a manner strongly supporting this contract renewal for 2011; and WHEREAS, the City Council has determined that it is in the best interest of the City to renew the "CDY Agreement for Professional and Ambassador Services" with the Committee for Downtown Yakima, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "CDY Agreement for Professional and Ambassador Services for the City of Yakima" to provide maintenance, management and safety ambassador services in the Downtown Yakima Public Improvement District (DYBID). ADOPTED BY THE CITY COUNCIL this 1St day of February 2011. ATTEST: 41.1 Oa Micah Cawley,( Mayor ao(( -0=3 CDY AGREEMENT FOR PROFESSIONAL AND AMBASSADOR SERVICES for City of Yakima, Washington This agreement is made and entered into on this o� r'� day of January, 2011 between the City of Yakima, Washington, a Washington municipal corporation (hereinafter referred to as "CITY"), and Committee for Downtown Yakima, a Washington non-profit corporation (hereinafter referred to as "CDY"). CITY and CDY for mutual consideration hereinafter set forth, agree as follows: I. OBJECTIVES A. To provide administrative, management and maintenance services and beautification programs in downtown Yakima and to fulfill the agreements and obligations set forth in the Scope of Services, Part A, below and as further specified in Exhibit "A," Section I attached. B. To provide safety ambassador services in downtown Yakima, as specified in the Scope of Services, Part B and Exhibit "A," Section II. . II. SCOPE OF SERVICES A. CDY 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" I, attached hereto and incorporated herein by this reference. 1. Develop, implement and provide daily management of maintenance and beautification programs within the Central Business District (defined for purposes of this entire Agreement as the downtown areas within the Downtown Yakima Business Improvement District (DYBID). 2. Contract for, manage and/or provide for the provision of planting and landscape services in the Central Business District. 3. Contract for and/or provide daily oversight of safety ambassador and maintenance ambassador programs. 4. Contract for and/or provide other works and services necessary to fully comply with the mutual agreements of the parties. 5. Provide accurate and timely RFP specifications to the CITY for all work requiring public bidding prior to contracting in accord with federal and state laws. The CITY shall conduct all necessary bidding processes based upon the RFP's CDY provides, and shall provide CDY with the successful bidder's identification in order that CDY can formally contract therewith for the provision of the services required. 6. Develop and implement a progressive volunteer program to expand the Central Business District beautification efforts. 7. Provide CITY with copies of all contracts executed by CDY with contractors and vendors that are necessary for the provision of the materials and labor required under the terms of this Contract (i.e. flower baskets). 1 8. Provide the City with detailed status summaries on July 1 and December 31 of each contract year detailing all work efforts and management services provided in compliance with the agreements set forth herein, as well as a description of proposed management services that will be provided under this contract. It is understood that CDY shall contract for all necessary labor and materials in compliance with accepted Washington public works and DYBID bidding practices. B. CDY agrees to provide safety ambassador services in the form of foot and/or bike patrol within the DYBID downtown district, said ambassadors to act as the eyes and ears of the Yakima Police Department, 'as well as providing concierge services to individuals using the Yakima downtown area together with the specific duties set forth in Exhibit "A" II, attached hereto and incorporated herein by this reference. III. PAYMENT A. Consultant, Management, Administrative, Advisory and Maintenance Services 1. As compensation for the managerial, administrative, advisory and maintenance services provided by CDY the CITY agrees to pay CDY as set forth in Paragraphs III A. and III B. The City will pay CDY Fifty Thousand Dollars ($50,000.00) from Long Term Parking revenues for CDY's managerial, administrative, advisory and maintenance services provided under this contract. 2. No payment shall be made through this Contract for any consultant, managerial, administrative, maintenance and advisory work performed by CDY, except for work identified and set forth in this Contract or supporting exhibits or attachments incorporated by reference into this Contract. B. Downtown Yakima Business Improvement District Funds 1. In addition to the City's allocation identified in paragraph A, above, the CITY agrees that CDY will receive net assessment revenue and unallocated fund reserves from the "Downtown Yakima Business Improvement District" (DYBID) collected during each contract year. The City assesses a service charge to the gross DYBID revenues by a standard formula to recover the cost to manage the DYBID assessment. The maximum total fees and expenses payable by the CITY to CDY under this contract shall not exceed the combination of the annual net revenue of the DYBID and the DYBID unallocated fund reserves, together with the Fifty Thousand Dollars ($50,000.00) identified in paragraph A above. 2. No payment shall be made for any work performed by CDY, except for work identified and set forth in this Contract or supporting exhibits or attachments incorporated by reference into this Contract. C. General provisions applicable to all services provided 1. CDY 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 time CDY 2 performed work for the CITY during the billing period. The CITY shall pay CDY for services rendered in the month following the actual delivery of the work and will remit payment within thirty (30) day's from the date of receipt of billing. 2. CDY shall not be paid for services rendered under the Contract unless and until they have been performed to the satisfaction of the CITY. 3. In the event CDY has failed to perform any substantial obligation to be performed by CDY under this Contract and such failure has not been cured within ten (10) days following notice from the CITY, then the CITY may, in its sole discretion, upon written notice to CDY, withhold any and all monies due and payable to CDY, without penalty, until such failure to perform is cured or otherwise adjudicated. "Substantial" for purposes of this Contract means faithfully fulfilling the terms of the contract with variances only for technical or minor omissions or defects. 4. Unless otherwise provided for in this Contract or any exhibits or attachments hereto, CDY will not be paid for any billings or invoices presented for payment prior to the execution of the Contract or after its termination, provided however that it is understood and agreed that billings or invoices that are submitted after the termination of this contract that are for compensation for work that was completed prior to the contract's termination and accepted by the City will be honored IV. RETAINER Retainer is waived for CITY. V. STANDARD PROVISIONS 1. TERM OF CONTRACT The term of this Contract shall retroactively begin on January 1, 2011, and shall terminate on December 31, 2011, unless terminated earlier by the CITY in accordance with paragraph 6 of this Section of this Contract. This Contract may be renewed annually by action of the City Council with the mutual agreement of both parties. 2. CONTRACT REPRESENTATIVES Each party to this Contract shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: 3 a. For CDY: Name of Representative: Jamie Lee Stickel Title: Acting Director Mailing Address: 115 N. 3`d Street City, State and Zip Code: Yakima, WA 98901 Telephone Number: 509-225-2485 E-mail Address: jamielee@downtownyakima.com b. For CITY: Name of Representative: Chris Waarvick Title: Public Works Director Mailing Address: 2301 Fruitvale Blvd. City, State and Zip Code: Yakima, WA 98902 Telephone Number: 509 575-6005 Fax Number: 509 575-6238 E-mail Address: caarvick@ci.yakima.wa.us 3. AMENDMENTS AND CHANGES IN WORK a. In the event of any errors or omissions by CDY in the performance of any work required under this Contract, CDY shall make any and all necessary corrections without additional compensation. All work submitted. by CDY shall be certified by CDY and checked for errors and omissions. CDY 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 Contract unless set forth in a written Contract Amendment approved by City Council, signed by both parties and attached to this Contract. Work under a Contract Amendment shall not proceed until the CITY has duly executed the Contract Amendment. 4. HOLD HARMLESS AND INDEMNIFICATION a. CDY shall hold harmless, indemnify and defend 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, including costs and attorneys fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of CDY'S acts, errors or omissions in the performance of this Contract. Claims shall include, but not be limited to, claims that information supplied by CDY infringes any patent, copyright, trademark, trade name, or otherwise results in an unfair trade practice. PROVIDED HOWEVER, that CDY'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 4 negligence of the parties, CDY'S obligations hereunder shall apply only to the percentage of fault attributable to CDY, its employees or agents. b. In any and all claims against the CITY, its officers, officials, employees and agents by any employee or contractor of CDY, 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 CDY under Worker's Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that CDY expressly waives any immunity CDY might have had under such laws. By executing the Contract, CDY 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 contract CDY makes with any contractor or agent performing work hereunder. c. CDY'S obligations hereunder shall include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by CDY, CDY'S employees, or agents. 5. INSURANCE a. Workers' Compensation: CDY shall maintain workers' compensation insurance as required by Title 51, RCW, and shall provide evidence of coverage to the CITY. If CDY has employees, CDY shall request the Washington State Department of Labor and Industries, Workers' Compensation Representative, send written verification to CITY that CDY is currently paying Workers' Compensation. b. Commercial General Liability: CDY 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 Contract and be no less than $2,000,000. CDY shall provide Commercial General Liability coverage that does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of CDY will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage. ii. CDY'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. CDY 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 CDY'S liability coverage is written as a claims made policy, then CDY must evidence the purchase of an extended reporting period or "tail" coverage for 5 a three-year period after project completion, or otherwise maintain the coverage for the three-year period. v. CDY shall also maintain Employers Liability Coverage (Washington Stop Gap) with a limit of not less than $1 million. c. Automobile Liability: CDY 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: CDY'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. iii. CDY'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. CDY shall include all subconsultants as insureds under its policies or shall furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants shall be subject to all of the requirements stated herein. v. The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification. vi. CDY 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. CDY shall require that each contractor entering into contracts to provide services on behalf of CDY shall include insurance provisions in said contracts that provide the same insurance coverage that is set forth in this Contract, 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. CDY'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. 6 e. Verification of Coverage and Acceptability of Insurers: CDY 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 Contract. 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 Contract Representative identified in Section 4 of this Contract CDY 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. CDY or its broker shall provide a copy of any and all insurance policies specified in this Contract upon request of the CITY. 6. TERMINATION a. The CITY may terminate this Contract in whole or in part whenever the CITY determines, in its sole discretion, that such termination is in the best interests of the CITY. The CITY may terminate this Contract upon giving thirty (30) days written notice by Certified Mail to CDY'S Contract Representative. In that event, the CITY shall pay CDY a prorated portion of the total annual compensation authorized under this agreement in an amount that is proportional to the amount of the year for which the contracted services have been completed. Payment shall be made in accordance with Section III of this Contract. b. In the event that funding for this contract obligation is withdrawn, reduced or limited in any way after the effective date of this Contract, the CITY may summarily terminate this Contract notwithstanding any other termination provision of the Contract. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by the CITY to CDY. Contracted services that are performed after the effective date, will not be eligible for compensation, and any invoice for such services will not be honored. c. If CDY 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 Contract, in which case the CITY shall pay CDY only for services that have been accepted by the CITY, in accordance with Section III of this Contract. Upon such termination, the CITY, at its discretion, may obtain performance of the work elsewhere, and CDY shall bear all costs and expenses incurred by the CITY in completing the work and all damages sustained by the CITY by reason of CDY'S breach. 7. NO CONFLICT OF INTEREST 7 CDY 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. CDY 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. CDY shall perform the terms of the Contract using only its bona fide employees or agents, and the obligations and duties of CDY under this Contract shall not be assigned, delegated, or subcontracted to any other person or firm without the prior express written consent of the CITY. b. CDY 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 CDY, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract. 9. NON -WAIVER OF RIGHTS The parties agree that the excuse or forgiveness of performance, or waiver of any provision(s) of this Contract 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 Contract at a later time. 10. INDEPENDENT CDY a. CDY'S services shall be furnished by CDY as an Independent consultant and not as an agent, employee or servant of the CITY. CDY specifically has the right to direct and control CDY'S own activities in providing the agreed services in accordance with the specifications set out in this Contract. b. CDY acknowledges that the entire compensation for this Contract is set forth in Section III of this Contract, and CDY 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. CDY shall have and maintain complete responsibility and control over all of its subconsultants, employees, agents, contractors and representatives. No subconsultant, employee, agent, contractor or representative of CDY shall be or deem to be or act or purport to act as an employee, agent or representative of the CITY. d. CDY 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 Contract as to all persons employed by CDY and as to all duties, activities and requirements by CDY in performance of the work on this project and under this Contract and shall assume exclusive liability therefore, and meet all requirements there under pursuant to any rules or regulations. 8 e. CDY agrees to immediately remove any of its employees, agents or contractors from assignment to perform services under this Contract upon receipt of a written request to do so from the CITY'S Contract Representative or designee. 11. COMPLIANCE WITH LAWS CDY shall comply with all applicable federal, state and local laws, rules and regulations in performing this Contract. 12. INSPECTION OF BOOKS AND RECORDS The CITY may, at reasonable times, inspect the books and records of CDY relating to the performance of this Contract. CDY shall keep all records required by this Contract for six (6) years after termination of this Contract for audit purposes. 13. NONDISCRIMINATION CDY, its assignees, delegates, contractors 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 Contract 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 the right to copyright, patent, register, and the ability to transfer these rights. The CITY agrees that if it uses any materials prepared by CDY for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold CDY harmless therefore to the extent such use is agreed to in writing by CDY. 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 CDY and the CITY, arising under and by virtue of this Contract, 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 CDY shall be decided by the CITY'S Contract Representative or designee. All rulings, orders, instructions and decisions of the CITY'S Contract Representative shall be final and conclusive, subject to CDY'S right to seek judicial relief pursuant to paragraph 16 of this Section. 9 16. CHOICE OF LAW, JURISDICTION AND VENUE a. This Contract 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 Contract 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 Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in the CITY OF YAKIMA, Washington. 17. SEVERABILITY a. If a court of competent jurisdiction holds any part, term or provision of this Contract 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 Contract did not contain the particular provision held to be invalid. b. If any provision of this Contract 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 Contract so that the original intent and purpose of the Contract no longer exists, the CITY may, in its sole discretion, terminate this Contract. 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 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 working day. 19. ENTIRE AGREEMENT The parties agree that this Contract is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Contract are specifically excluded. 10 VI. AUTHORIZED SIGNATORS Committee for Downtown Yakima By: r 90 C, es E. Stickel, Chair of the Board Date: 4,/« City of Yakima By: Michael A. Morales, Acting City Manager Date: a''ab CITY CONTRAC f NO RESOLUTION NO: 11 Exhibit "A" I. CDY Downtown Maintenance Scope of Work CDY shall provide for the maintenance and care of shrubs, plants and planter areas, removal of litter, flower planting, manual plant watering, plant fertilization and weed removal within the area of the City identified as the Downtown Yakima Business Improvement District (DYBID) (specifically described in its expanded form by Ordinance 2007-15, approved by City Council on April 3, 2007, and also referred to a s the "Central Business District"). Other areas also included in this Scope of Work are the Millennium Plaza and the Park located at the south east comer of South 2"4 Street and Yakima Avenue. Specific provisions of this Scope of Work shall include: 1. Litter removal from the Central Business District daily, Monday through Friday inclusive, from all, alleyways, sidewalks and street gutters. 2. From April 1st through October 15 each year lawn areas at the South 2"d Street Park, Millennium Plaza, the four small lawn areas on the west side of South 4th Street, and the planting beds and islands within the Central Business District shall be irrigated daily. The trees along Yakima Avenue from 1St Street to 9th Street shall be irrigated by operation of the irrigation timers for that area. 3. On a regularly monthly basis weed control shall be provided for planting beds, islands, tree wells, flowerpots and sidewalk cracks. 4. On a weekly basis lawn areas described in paragraph 2 above shall each be mowed, trimmed and sidewalk areas adjacent to same cleaned of cuttings and debris. 5. Each year annual plants and flowers shall be provided in the planting areas, pots, and hanging baskets within the Central Business District area to create an attractive eye -appealing environment. The quantity and location of annual plants and flowers will be determined by the resources available. 6. The lawn areas described in paragraph 2, above, shall each be fertilized no less than two times per year. 7 During the fall, dead vegetation and leaves shall be removed from the planting areas, Millennium Plaza and the parks identified above within the Central Business District and planting pots emptied of dead vegetation to maintain an orderly appearance through the winter. 8. During the winter months snow and ice shall be removed from walkways around the parking Tots and from each pedestrian comer within the Central Business District. Snow removal shall be initiated whenever an accumulation of two or more inches of snow occurs, and shall include ice control on the stated areas, as necessary, to provide safe footing. jc(cont)/CDY Services Agree. 1 9. Sidewalks shall be swept weekly throughout the year, with pressure - washing where and when required to maintain a clean appearance. Sidewalks shall also be cleaned within twenty four (24) hours of the conclusion of downtown public events, including but not limited to the basketball tournament, vehicle cruise nights, Farmer's Market, and parades. The CDY and the City will develop an event permit process that includes a clean up deposit for major events. 10. The sidewalk trash receptacles within the Central Business District, as defined in this Memorandum of Understanding, shall be emptied weekly, at a minimum, to avoid spillover. The City will provide trash bags and free dumpster space to dispose of the trash. 11. Graffiti shall be removed by painting, using solvent and pressure washing, as is appropriate. All graffiti shall be removed within twenty four hours of occurrence on weekdays. The City will retain responsibility for repair and replacement of all landscape infrastructure. Including, but not limited to pots, planters, hanging baskets and irrigation systems. 11. CDY Downtown Safety Ambassador Program The CDY Safety Ambassadors shall provide security and ambassador services in the form of bicycle and foot patrols. The patrol is intended to prevent, deter and report illegal activities. The Ambassadors shall assist visitors, tenants and residents in the Downtown area by answering questions and distributing maps and information about the downtown area, helping to make downtown visitors feel comfortable. The Safety Ambassadors shall maintain communication with the police and shall report illegal activities to them. The Safety Ambassadors shall have assigned routes within the Downtown area and shall patrol from June through October of each contract year. jc(cont)/CDY Services Agree. 2 Business Owner Petition Signature Page I have received copies of the "Downtown Yakima Management Plan" and "Initiation Petition Document". As a downtown business owner I am in favor of reauthorizing the Downtown Yakima Business Improvement District for the purposes set forth in the Management Plan and Petition Document. I hereby petition the Yakima City Council to formally reauthorize the Downtown Yakima Business Improvement District. I certify that I have the authority to sign this petition for each of the businesses listed below. Please Print Name Date Signature Business Business License # BUSINESS OWNER NAME BL-###### Total Annual Assessment To Be Paid $125 Property Owner Petition Signature Page I have received a copy of the "Downtown Yakima Management Plan/Initiation Petition Document" of which this signature page is a part. As a downtown property owner I am in favor of reauthorizing the Downtown Yakima Business Improvement District for the purposes set forth in the Management Plan/Petition Document. I hereby petition the Yakima City Council to formally reauthorize the Downtown Yakima Business Improvement District. certify that I have the authority to sign this petition for each of the parcels listed below. Please Print Name Date Signature Property Owner PROPERTY OWNER NAME HERE Parcel Number Assessed Value Assessment #444/4#14/#### $##/#1444 $### Total Annual Assessment To Be Paid $### • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. /g For Meeting of: February 1, 2011 ITEM TITLE: Consideration of a Resolution authorizing execution of a renewal agreement with the Committee for Downtown Yakima (CDY) for maintenance, management and safety ambassador services in the Downtown Yakima Public Improvement District (DYBID) SUBMITTED BY: Chris Waarvick, Director of Public Works Jeff Cutter, City Attorney CONTACT PERSON/TELEPHONE: Chris Waarvick, 575-6411 SUMMARY EXPLANATION: Staff respectfully requests approval of the attached resolution authorizing the City Manager to execute and renew an agreement for maintenance, safety ambassador and managerial services with the Committee for Downtown Yakima (CDY). This agreement identifies the obligations of CDY and the City with respect to downtown maintenance and safety within the new, larger Downtown Yakima Business Improvement District (DYBID, adopted by Council on August 6, 2008). CDY's Executive Board supports the renewal of this agreement (1/25/2011). The DYBID generates approximately $215,000 annually in assessments and special business license fees. The City contributes an additional $50,000 (from long term parking revenues) supporting those purposes spelled out in the Scope of Services. The City also pays for the irrigation water, pedestrian lighting costs, and refuse disposal in the downtown. This contract has been consolidated from lengthier previous versions which had been brought before City Council since originally approved by Council on April 17, 2007. Resolution X Ordinance_ Other (Specify) Contracts X Mail to (name and address): Jamie Lee Stickel, 225-2485 Funding Source: CBD Fund $50,000, DYBID assessments APPROVED FOR SUBMITTAL: �./J... Acting City Manager STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. BOARD/COMMISSION/COMMITTEE RECOMMENDATION: CDY's Executive Board recommended approval of this renewal contract. City Council approved the City's 2011 $50,000 contribution to CDY for maintenance, management and safety ambassador services and anticipates the presentation of this agreement to the full Council. COUNCIL ACTION: 00 feet T Downt , Yakima Business Improvement Distri;' BID) P4-2011.0'° CommDY2 Non Profit Insurance Program CERTIFICATE OF INSURANCE .tssuebate: 05/17/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 'EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED. REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder isan ADDITIONALED INSURED, the policy(ies)'must be endorsed. If'SUBROGRATION IS WAIVED, subject to the terms and conditions.of- the policy; certain coJerage'may require an endorement. A statement on this certificate does not confer.rights to the certificate holder in lieu of such endorsement(s) PRODUCER COMPANIES. AFFORDING COVERAGE. Canfield 451 Diamond Drive Ephrata, WA 98823 GENERAL LIABILITY American Alternative Insurance Corporation AUTOMOBILE LIABILITY American Alternative Insurance Corporation PROPERTY American Alternative Insurance Corporation MISCELLANEOUS PROFESSIONAL LIABILITY INSURED Cornmittee for Downtown Yakima P.O.. Box 881 ' Yakima, WA 98907 COVERAGES - THIS IS!TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS • TYPE OF.INSURANCE POLICY NUMBER POLICY EFF POLICY EXP DESCRIPTION! DATE DATE LIMITS Attn: City Manager City of Yakima 129 N Second Street Yakima, WA 98901 . GENERAL:LIABILITY 'COMMERCIAL GENERAL LIABILITY •N1 -A2 -RL -0000013-04''.. 06/01/2012 06/01/2013 ' =PER -OCCURRENCE• OCCURRENCE FORM . PER MEMBER AGGREGATE" INCLUDES STOP GAP PRODUCT-COMP/OP PERSONAL -8. ADV .INJURY -- (LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) .. ANNUAL POOL AGGREGATE $5,000,000 $10,000,000 $5,000,000 -$5,000,000 $50,000,000 ' - AUTOMOBILE LIABILITY ANY AUTO N1 -A2 -RL -0000013-04 06/01/2012 06/01/2013 COMBINED SINGLE LIMIT (LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $5,000,000 NONE PROPERTY N1 -A2 -RL -0000013-04 06/01/2012 06/01/2013 ALL RISK PER OCC EXCL EQ & FL EARTHQUAKE PER OCC FLOOD PER OCC (PROPERTY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 EXCLUDED EXCLUDED NONE MISCELLANEOUS PROFESSIONAL LIABILITY 06/01/2012 06/01/2013 PER CLAIM (LIABILITY IS SUBJECT TO A SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE DESCRIPTION OF OPERATIONS! LOCATIONS./ VEHICLES / SPECIAL .ITEMS The City of Yakima, its elected officials, officers, agents, and employees are named as Additional Insureds regarding services provided only and are subject to policy terms, conditions, and exclusions. Additional Insured endorsement is attached. I CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE CERTIFICATE. HOLDER AUTHORIZEO-REPRESENTATIVE Attn: City Manager City of Yakima 129 N Second Street Yakima, WA 98901 n I ��=°l f-�= CS.�0AL 2609742 POLICY NUMBER. N1 -A2 -RL -0000013-04 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENTCHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: SCHEDULE I COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) City of Yakima 129 N Second Street Yakima, WA 98901 Its Elected Officials, Officers, Agents, and Employees Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the' person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf. A. In the performance of your ongoing operations, or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 2609743 © ISO Properties, Inc., 2004 Page 1 of 1 ❑ CommDY10 Non Profit Insurance Program CERTIFICATE.: QF INSURANCE. issue Date: 05/17/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND.OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies).must be,endorsed. If SUBROGRATION IS WAIVED, subject to the terms and conditions of the policy, certain coverage may require an endorsement. A statement on this certificate doe's not confer rights to the certificate holder in lieu of such endorsements) PRODUCER COMPANIES AFFORDING COVERAGE Cadfield 451, Diamond Drive Ephrata, WA 98823 GENERAL LIABILITY American Alternative Insurance Corporation AUTOMOBILE LIABILITY American Alternative Insurance Corporation PROPERTY American Alternative Insurance Corporation MISCELLANEOUS PROFESSIONAL LIABILITY INSURED Committee for Downtown Yakima P.0. Box 881 Yakima, WA 98907 COVERAGES THIS IS; TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTR OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY TH5 :1ll S DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN ' .� ;� :�!4t; ID CLAIMS .l1 TYPEOF INSURANCE POLICY NUMBER POLICY O E " 41,Wis.WSCRIPTION LIMITS. GENERAL LIABILITY � �+' COMMERCIAL GENERAL LIABILITY N1 -A2 -RL -0000013-04 06/ . OCCURRENCE FORM . , ,- ' .. , INCLUDES STOP GAP f (LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) tJV.• t`r 06/01/2013 PER OCCURRENCE \ PER MEMBER AGGREGATE.- c PRODUCT-COMP/OP' PERSONAL & ADV INJURY ANNUAL POOL AGGREGATE $5,000,000 $10,000,000: $5,000,000 $5,000,000 $50,000,000 AUTOMOBILE LIABILITY ANY AUTO N1 -A2 -RL -0000013-04 06/01/2012 06/01/2013 COMBINED SINGLE LIMIT (LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $5,000,000 NONE PROPERTY N1 -A2 -RL -0000013-04 06/01/2012 06/01/2013 'ALL RISK PER OCC EXCL EQ & FL EARTHQUAKE PER OCC FLOOD PER OCC (PROPERTY IS SUBJECT TO A$50,000 SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE $50,000,000 EXCLUDED EXCLUDED NONE MISCELLANEOUS PROFESSIONAL LIABILITY 06/01/2012 06/01/2013 PER CLAIM (LIABILITY IS SUBJECT TO A SIR PAYABLE FROM PROGRAM FUNDS) ANNUAL POOL AGGREGATE DESCRIPTION OF OPERATIONS /-LOCATIONS / VEHICLES 1:SPECIAL ITEMS Regarding the Parking Maintenance Agreement City Contract No. 2009-121 The City of Yakima, its elected & & appointed officials, agents, employees & volunteers are named as Additional Insureds regarding this contract only and are subject to policy terms, conditions, and exclusions. Additional Insured endorsement is attached. I CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS CERTIFICATE HOLDER AUTHORIZED- REPRESENTATIVE I Dick Zais, Jr., City Manager City of Yakima 129 North Second Street Yakima, WA 98901 (� �l�l' �� _ // 2609744 POLICY NUMBER. N1 -A2 -RL -0000013-04 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following. -SCHEDULE COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) City of Yakima 129 North Second Street Yakima, WA 98901 Its Elected & Appointed Officials, Agents, Employees & Volunteers Information required to complete this Schedule, if not shown above, will be shown in the. Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or ih part, by your acts or omissions or the acts or omis- sions of those acting on your behalf. A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you CG 20 26 07 04 609745 © ISO Properties, Inc , 2004 Page 1 of 1 0 PIP (2— Dol( -032 For Nonprofits, by Nonprofits To: Certificate Holder From: Non Profit Insurance Program (NPIP) Date: June 4, 2012 Re: Account Name: Committee for Downtown Yakima Cancellation of Insurance Certificates/Additional Insured Endorsements Please disregard the 2012-13 Certificate of Insurance (including Additional Insured/Loss Payee Endorsements) that you previously received for Committee for Downtown Yakima. As of 6-1-12, Committee for Downtown Yakima's agent has notified us that these certificates are no longer required. Therefore, the previous Certificate of Insurance you received for the 2012-13 policy is null and void. Please direct any questions to the NPIP Underwriting Department at 800-407- 2027. 451 Diamond Drive 1 Ephrata, WA 98823 I office (509) 754 2027 1 toll-free 800 407.2027 I fax (509) 754 3406 1 www npip org Program Administrator Canfield June 22, 2012 City of Yakima/Yakima. County Purchasing Douglas Picatti Committee for Downtown Yakima PO Box 881 Yakima, WA 98907 Re: Termination of Citv of Yakima Contractual Relationships with Committee for Downtown Yakima (CDY) Dear Mr. Picatti: The purpose of this letter is to inform you of the contract terminations for "Safety Ambassador, Cleaning & Landscape Maintenance Services" and "Downtown Public Parking Operations and Management." The City has had a contractual relationship with CDY for Safety Ambassador, Cleaning & Landscape Maintenance Services #10706 most recently addressed in Contract Amendment No. 2 adopted by City Resolution R-2012-010. The City also has an agreement for Downtown Public Parking Operations and Management #10914, which will telminate since the said contractor "is no longer the existing safety and maintenance contractor" per terms on page 4 of 17. On June 18, 2012, City Council authorized the execution of two new contracts for these services to an alternative vendor. Therefore, the City gives notice that the last effective day for both contracts with CDY is June 30, 2012. We wish to take this opportunity to thank you and all the members of CDY for their selfless labors dedicated to improving downtown Yakima for our businesses, residents and visitors. If you have any questions, please do not hesitate to contact Colleen Bailey in Purchasing at 576-6787, or myself at 576-6411. Sincerely, Chris Waarvick Director of Public Works cc: file Colleen Baile Buyer I 129 North Second Street Yakima, WA 98901 Phone: 509-575-6093 ii. 509-576-6394