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R-2007-147 Committee for Downtown Yakima Contract Amendment (contract 2007-26)
RESOLUTION NO. R-2007-147 A RESOLUTION authorizing the City Manager's execution of an amendment to City Contract number 2007-26, providing for Fifteen Thousand Dollars ($15,000.00) of additional PBIA funds from PBIA Fund 161 to the Committee For Downtown Yakima for the cost of retaining one additional maintenance person for the duration of the CDY Contract with the City. WHEREAS, the City of Yakima entered an Agreement with the Committee for Downtown Yakima (hereafter "CDY") identified as City Contract Number 2007-26, executed on May 10, 2007, for the provision of management and administrative services to benefit the Yakima Downtown area; and WHEREAS, the Agreement obligated the City to provide a total of One Hundred Thirteen Thousand Dollars ($113,000.00) to CDY during the Contract term, Sixty Eight Thousand Dollars ($68,000.00) of which was intended to fund an Ambassador Safety Program and a Maintenance Services Program for the City's downtown area; and WHEREAS, Sixty Three Thousand Dollars ($63,000.00) of these total funds was to be provided to CDY from the PBIAll 161 funds, Thirty Six Thousand Dollars ($36,000.00) of which was intended to support the Maintenance Services Program; and WHEREAS, CDY has determined that in order to provide the professional maintenance services the City will' require for the duration of the contract it will need an additional Fifteen Thousand Dollars ($15,000.00) from the City's remaining PBIA 161 funds to support one additional employee „during the duration of the contract term; and WHEREAS, the necessary Fifteen Thousand Dollars ($15,000.00) is available in the PBIA 161 fund to provide this additional employee for CDY's utilization; and WHEREAS, it is necessary to amend the underlying City Contract Number 2007-26 to authorize the additional allocation of PBIA 161 funds beyond the amount initially obligated in the underlying contract; and WHEREAS, the City Council has determined that it is in the best interests of the City of Yakima to authorize the allocation of Fifteen Thousand Dollars ($15,000.00) of PBIA 161 funds for the purpose of funding one additional employee in the Downtown Maintenance (jc)res/CDY Services Agreement First Amendment 1 Services Program, and to amend the underlying contract to provide for that additional funding; Now, Therefore, BE IT RESOLVED BY THE'CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Amendment To CDY Agreement For Professional Services, City Contract Number 2007-26, which amendment will allocate Fifteen Thousand Dollars ($15,000.00) of PBIA 161 funds fo"r the purpose of funding one additional employee in the Downtown Maintenance Services Program, thereby providing an amended total Contract obligation to CDY in the amount of One Hundred Twenty Eight Thousand Dollars ($128,000.00). ADOPTED BY THE CITY COUNCIL this 6th day of i1 ember, 2017 ATTEST: ( I avid Edler, Mayor (jc)res/CDY Services Agreement First Amendment 2 AMENDMENT TO CDY AGREEMENT FOR PROFESSIONAL SERVICES for City of Yakima, Washington This amendment to City Contract Number 2007-26, executed on May 10, 2007, is made and entered into on this $? H. day of November, 2007, 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 to amend the underlying City Contract Number 2007-26 with regard to the following provision only. Section 11, SCOPE OF SERVICES, paragraph 9, is hereby amended to read as follows: The City shall contribute a total of One Hundred Twenty Eight Thousand Dollars ($128,000.00) to CDY for the fulfillment of CDY'S obligations set forth in this contract and as represented within the terms of the Memorandum of Understanding referenced herein between the parties. This total contribution shall include the Twenty Five Thousand Dollars ($25,000.00) paid to CDY under the terms of this contract together with the funds provided for the City's share of costs of labor and materials to be provided by contractors CDY shall contract with to fulfill the specific obligations set forth herein. All other provisions, terms and conditions set forth in the underlying City Contract Number 2007-26 shall remain in full force and effect unless otherwise amended in writing per the conditions of said underlying Contract. Committee For Downtown Yakima By: ©� -' Chair of the Board -Mit/Es nC)K&L Date: / City of Yakima By: R. A. Zais tr', City Manager Date: // 6/0 7 CITY CONTR,4c r RESOLUTION N0: R o3/L/7 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I For Meeting of: April 17, 2007 ITEM TITLE: Consideration of Legislation regarding beautification/maintenance, safety and management services for Downtown Yakima: (A) Resolution authorizing execution of professional management services agreement with Committee for Downtown Yakima; and (B) Resolution authorizing execution of Memorandum of Understanding relating to maintenance and safety programs; and (C) Ordinance amending the 2007 budget in the Parking and Business Improvement Area Fund (First Reading) SUBMITTED BY: Chris Waarvick, Director of PubliccWorks CONTACT PERSON/TELEPHONE: Chris Waarvick, Director of Public Works 576-6411 Jeff Cutter, Assistant City Attorney 575-6030 SUMMARY EXPLANATION: The City Council directed staff in an approved 2007 major policy issue to bring back to the full Council an altemative method for downtown maintenance. it has previously been provided by the City Parks and Recreation Division. The Committee for Downtown Yakima (CDY) has proposed to the City of Yakima a comprehensive program providing for maintenance, cleaning, and citizen ambassador services within the downtown area—known as the "Safe and Clean" program. This proposal has been through the City Council sub -committee structure, a study session, and now is presented to the full Council in legislative format for deliberation and approval. (Continued on next page.) Resolution 2 Ordinance 1 Agreement 1 Other (Specify) MOU (1), Attachments Mail to (name and address): Funding Source Parks Budget ($50,000), PBIA No. 1 Funds ($63,000) APPROVED FOR SUBMITTAL: V� City Manager STAFF RECOMMENDATION: Staff respectfully requests Council: (A & B) to approve the Resolutions enabling execution of the "Agreement" and "Memorandum of Understanding;" and (C) to read the appropriation ordinance by title only at the April 17, 2007 meeting; pass ordinance after Second Reading at the May 1, 2007 Business meeting. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: CDY Downtown Maintenance April 17, 2007 Page 2 The attached Agreement relates to the overall management of CDY's "safe and dean" activities fc® the downtown. The Memorandum of Understanding (MOU) more fully discusses the activities that will take place. While the professional management services element for the downtown "Safe and Clean" program does not require bidding, the actual "Safe and Clean" program elements do. Please see attached legal memorandum dated April 12, 2007. The agreement outlines the processes why and whereby the City will conduct the , bidding activity and subsequently tum over the successful, responsive bidder to CDY to manage and oversee. The attachment titled "City Funding Matrix" identifies the source and amount of City contributions to this effort. $25,000 from the Parks and Recreation budget will go towards the management services agreement. $27,000 from the new PBIA No. 1 assessment is slated for the Safety Ambassador element. Since the rate and area adjustment to PBIA No. 1 was made after the 1s' Quarter of 2007, only $27,000 of the annualized $36,000 will be realized from the new assessment level. If Council is requested and so agrees, it may make up this $9,000 difference from PBIA fund balances. Activities funded by PBIA resources must fall within the PBIA boundary. An additional $25,000 from the Parks and Recreation budget and $36,000 from the old PBIA No. 1 assessment (for a total of $61,000) are slated for the downtown maintenance activities. The MOU and the letter, dated April 11, 2007, from Urban Place provides a description of the safety and beautification maintenance activities to be performed under CDY management. Additional resources from CDY are anticipated to cover the full costs of all these work activities. CDY has previously committed $50,000 of its own resources. An appropriation ordinance of $27,000 is also included amending the 2007 Budget reflecting the new PBIA No. 1 assessment revenue. The parking Tots in the downtown are not covered under this agreement. CDY has a separate proposal for Council consideration at a future date for this matter. City Funding Matrix for City of Yakima and CDY Professional Services Agreement (1) Since the PBIA #1 Assessment area and rate was amended after the first quarter, only 3/4ths of the annualized increase of $36,000 will be realized unless PBIA #1 fund balances are tapped for the remaining $9,000. (2) The $61,000 identified above for PBIA #1 maintenance activities for 2007 is composed of Old PBIA Assessments ($36,000) and Parks and Recreation ($25,000). Depending on the outcome of the bid call for maintenance, CDY may need to make up the remaining resource need. (3) This $113,000 figure is not entirely the same dollars as the previously identified $150,000 (Parks approved 2007 Policy Issue) estimated to provide maintenance for the "new and larger" business/maintenance benefit area projected to be formed next year after the current PBIA expires. Additionally, we understand that the maintenance and safety programs may very likely require more resources than the $113,000 shown above. CDY has committed $50,000 of its resources to the activities identified above for a total of $163,000. If City council is requested to approve the $9,000 "make-up" allotment from PBIA fund balances, and acts in the affirmative, than the total resources to fund these activities will reach $172,000. City Funds Source of Funding Bid Required Agreement for Management Services for Downtown "Safe and Clean". Programs $25,000 City of Yakima ($25,000 - Parks and Recreation Budget) No Memorandum of Understanding for (MOU) PBIA #1 Ambassador Program ("Safety" element) $27,000 New PBIA #1 assessment ($27,000) (1) Yes Memorandum of Understanding (MOU) for PBIA #1 Maintenance Services ("Clean" element) $61,000 (2) Old PBIA #1 assessments ($36,000), and Parks and Recreation Budget ($25,000). Yes Total .$113,000 (3) N/A N/A (1) Since the PBIA #1 Assessment area and rate was amended after the first quarter, only 3/4ths of the annualized increase of $36,000 will be realized unless PBIA #1 fund balances are tapped for the remaining $9,000. (2) The $61,000 identified above for PBIA #1 maintenance activities for 2007 is composed of Old PBIA Assessments ($36,000) and Parks and Recreation ($25,000). Depending on the outcome of the bid call for maintenance, CDY may need to make up the remaining resource need. (3) This $113,000 figure is not entirely the same dollars as the previously identified $150,000 (Parks approved 2007 Policy Issue) estimated to provide maintenance for the "new and larger" business/maintenance benefit area projected to be formed next year after the current PBIA expires. Additionally, we understand that the maintenance and safety programs may very likely require more resources than the $113,000 shown above. CDY has committed $50,000 of its resources to the activities identified above for a total of $163,000. If City council is requested to approve the $9,000 "make-up" allotment from PBIA fund balances, and acts in the affirmative, than the total resources to fund these activities will reach $172,000. L DIVISION A Harvey D. Mabee Jeffrey R Cutter Phone: (509) 575-6030 CITY OF YAK]MA - LEGAL DEPARTMENT 200 S. 3rd St, Yakima, WA 98901-2830 Raymond L Pocatello, City Attorney FAX (509) 575-6160 CRIMINAL DIVISION Cynthia Martinez Bronson Faul Lacy W. Heinz Keith E Hilo Jon L Seitz Phone: (509) 575-6033 • MEMORANDUM TO: Honorable Mayor Edler, Yakima City Council Members Dick Zais, City Manager FROM: Jeff Cutter, Sr. Assistant City Attorney DATE: April 12, 2007 SUBJECT: Bidding requirements for PBIA funds I was asked to provide a legal review of the application of municipal bidding requirements to the expenditure of PBIA assessment funds and General Budget funds. The following memorandum provides a general analysis of the bidding requirements for pubic works expenditures of funds from those two sources. A. PBIA Assessment Funds The RCW that establishes the requirements for organizing, promoting and establishing a PBIA (RCW 35.87A) includes a provision that addresses the bidding requirements related to expenditures of PBIA funds. Specifically, RCW 35.87A.200 provides: 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, exceed the sum of two thousand five hundred dollars. (emphasis added) This statutory requirement for bidding is specific to the costs of "such work". This term is not defined, but can be logically inferred to relate to the "work" of carrying out the specific purposes of a PBIA as they may be listed in a particular Ordinance. In the Ordinance for PBIA No 1, the purposes set forth therein mirror the purposes stated in the PBIA statute', RCW 35.87A.010, which lists the following: (a) -The acquisition, construction or maintenance of parking facilities for the benefit of the area; (b) Decoration of ay public place in the area; (c) Sponsorship or promotion of public events which are to take place on or in public places in the area; (d) Furnishing of music in any public place in the area; 1 (e) Providing professional management, planning, and promotion for the area,' including the management and promotion of retail trade activities in the area; (f) Providing maintenance and security for common, public areas; or (g) Providing transportation services for the benefit of the area. Relative to determining whether a particular task is deemed a "work" or possibly a professional service which, as has been a long-standing practice of the City is typically exempted from the statutorily mandated bidding process, it is necessary to take a close look at what service is being provided or performed, and whether it fits into a logical consideration of a work versus a "professional service". 1. Downtown Ambassador Services. The specific consideration of `work" versus "professional services" presents itself when taking into consideration the provision of the Downtown Ambassador services. In the typical application of the professional service exemption in City contracting, the professional services are being provided by engineers, surveyors, architects, experts in particular fields and specialized analysts. This application comports fairly consistently with the statutory definition of "professional services" set forth in RCW 39.80.020, which defines said services as: [p]rofessional services rendered by any person...contracting to perform activities within the scope of the general definition of professional practice in chapters 18.08, 18.43, or 18.96 RCW. With respect to the Downtown Ambassador program, my legal opinion is that the services being provided by the ambassadors are not the type of "professional services" envision by the statutes cited to in the definition, which, specific to the referenced statutes, include architects, engineers, land surveyors and landscape architects. For this reason, it is my legal opinion that contracting for the ambassador services that are to be funded in whole or in part with PBIA funds in an amount in excess of twenty five hundred dollars does require the City to follow the formal bidding process. 2. Downtown Maintenance Services. With regard to the performance of downtown maintenance for the plants, shrubs and sidewalks, the question of bidding is easier to resolve. Historically these services have been considered "work" provided by or on behalf of the City. To the extent such work, as well as the acquisition of materials necessary to perform the work, are funded in whole or in part by PBIA assessment funds in excess of twenty five hundred dollars, it is my legal opinion a formal bidding process for said work and materials must be followed. B. General Fund Expenditures When the expenditure of the City's General Budget funds is involved in a public work or general maintenance of public property, the issue of public bidding becomes an issue. Initially, it must be determined whether the project or work in question is truly a public work, or ordinary maintenance. Generally, if the cost of a project exceeds a certain statutory limit, the City must seek bids for the project. A "public work" is defined in RCW 39.04.010 as: • • • all work, construction, alteration, repair or improvement other than ordinary maintenance, executed at the cost of the state or of any municipality, or which is by law a lien or charge on any property therein. (Emphasis added.) This definition of public work includes construction and repair but excludes ordinary maintenance. Unfortunately, there is no statutory definition of "ordinary maintenance". There is, however, a WAC that defines "ordinary maintenance" in the context of prevailing wages that can be referenced to define a distinction between "ordinary maintenance" and a "public work" for bidding purposes. WAC 296-127-010(7)(b)(iii) defines "ordinary maintenance" as: ....work not performed by contract and that is performed on a regularly scheduled basis (e.g., daily, weekly, monthly, seasonally, semiannually, but not less frequently than once per year), to service, check, or replace items that are not broken; or work not performed by contract that is not regularly scheduled but is required to maintain the asset so that repair does not become necessary. (Emphasis added.) Even from this very broad oversight of the public bidding requirements several relevant observations are apparent. If the City utilizes City employees to perform tasks that fall within the parameters of ordinary maintenance, there are no bidding requirements and the work is not deemed a public work. However, if the City chooses to contract for the maintenance services required, then the work performed falls out of the definition of ordinary maintenance and is considered a public work that is subject to the formal bidding procedures, provided the cost of the work exceeds certain statutory thresholds (the determination of which requires a far more specialized analysis to determine than would be appropriate for this memo's intent). Therefore, with regard to the application of General Budget funds. expended by CDY for maintenance services it contracts for with various providers, the formal bidding procedure shall be required for all contracts that exceed the statutory cost limitations. This portion of the memo is intended to provide a conceptual explanation of the bidding requirements for public works funded with public funds. It does not, nor can it reasonably, explain all of the explicit details of the bidding process, but rather provides an overview of the considerations that must be made when contracting for public services. The determining factor for this consideration is focused on the source of the funds being expended, and not on the identity of the entity that is charged with performing the contracting. Therefore, if CDY is contracting for public works, as defined above, and is paying for the contracted work with public funds, the bidding process may be required, dependant upon the cost of the contracts involved. 3 RESOLUTION NO. R -2007- A RESOLUTION authorizing the execution of a Professional Services Agreement • between the City of Yakima and the Committee for Downtown Yakima (hereinafter "CDY") for the provision of professional management of, contracting for and administration of service providers and materials necessary to accomplish the objectives set forth in the Memorandum of Understanding that is to be executed between the City and CDY, including providing maintenance and safety within the recently expanded Parking and Business Improvement Area No. 1 (hereinafter referred to as the "Central Business District"). WHEREAS, the City of Yakima has a deep and abiding interest in the maintenance, beautification, safety and preservation of the City of Yakima Central Business District; and WHEREAS, the City of Yakima has expended significant resources toward the improvement of the sidewalks and general appearance of the City's downtown areas through the installation of sidewalks, street lighting, aesthetic improvements and planting displays; and WHEREAS, the City of Yakima does not have sufficient funds dedicated within its budget, nor sufficient City staff to adequately maintain the plants, sidewalks and parking areas within the Central Business District or to provide safety patrols therein; and WHEREAS, on May 5, 2005 the City of Yakima entered into an Agreement whereby CDY would provide the City with professional assistance necessary for the revitalization of the City downtown area, including the Central Business District; and WHEREAS, both the City of Yakima and CDY have a common interest in protecting, promoting and maintaining the Central Business District as an attractive, safe and enjoyable place for public enjoyment; and WHEREAS, CDY has the resources, the expertise and the opportunity to provide maintenance and safety management and administration that is necessary to keep the City's Central Business District attractive, clean and safe, and is willing to enter into a Professional Services Agreement with the City to carry out those objectives; and • • WHEREAS, the Yakima City Council believes it to be in the best interests of the City, the Yakima Central Business District as defined herein, and the citizens of Yakima to utilize41) (jc)res/CDY-Professional Services Contract 1 • • the expertise of CDY to contract for the services and materials necessary to maintain the Central Business District and to manage and carry out the duties and responsibilities set forth in the attached and incorporated CDY Agreement for Professional Services for City of Yakima; and WHEREAS, representatives from both the City of Yakima and CDY have met to discuss promotional and maintenance standards within the Central Business District and identify ways of accomplishing their mutual objectives; both entities have committed to work toward the achievement of those objectives and have formalized their agreements in the attached and incorporated CDY Agreement for Professional Services for City of Yakima, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated CDY Agreement for Professional Services for City of Yakima to provide the City with professional administration and management for the maintenance and safety of the Yakima Central Business District. ADOPTED BY THE CITY COUNCIL this 17th day of April, 2007. ATTEST: David Edler, Mayor City Clerk (jc)res/CDY-Professional Services Contract 2 CDY AGREEMENT FOR PROFESSIONAL SERVICES for City of Yakima, Washington This agreement is made and entered into on this day of April 2007, 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: OBJECTIVES To provide administrative and management services to oversee the maintenance and beautification programs in downtown Yakima and to fulfill the agreements and understandings set forth between the CITY and CDY in that certain Memorandum of Understanding executed between the parties on April , 2007. II. SCOPE OF SERVICES CDY agrees to perform certain consulting, management, administrative and advisory services for the CITY to fulfill the agreements and understandings set forth between the CITY and CDY in that certain Memorandum of Understanding executed between the parties on April , 2007. These tasks are outlined as follows: 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 PBIA No. 1, as expanded by Ordinance 2007-15). 2. Contract for and manage existing City contracts for the provision of planting and landscape services in the Central Business District. 3. Contract for and provide daily oversight of safety ambassador and maintenance ambassador programs. 4. Contract for provision of other works and services necessary to fully comply with the mutual agreements of the parties set forth in the Memorandum of Understanding identified above. 5. Provide accurate and timely RFP specifications to the CITY for all work requiring public bidding prior to contracting to accomplish the goals and agreements of the parties set forth in the Memorandum of Understanding identified above. 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. ('c)/CDY Services Agreement Page 1 • • • • • • 7. Provide CITY with copies of all contracts executed by CDY with contractors and vendors necessary for the provision of the materials and labor required under the terms of this Contract. 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 in the Memorandum of Understanding between the parties, as well as a description of proposed management services that will be provided under this contract. 9. The City shall contribute a total of One Hundred Thirteen Thousand Dollars ($113,000.00) to CDY for the fulfillment of CDY'S obligations set forth in this contract and as represented within the terms of the Memorandum of Understanding referenced herein between the parties. This total contribution shall include the Twenty Five Thousand Dollars ($25,000.00) paid to CDY under the terms of this contract together with the funds provided for the City's share of costs of labor and materials to be provided by contractors CDY shall contract with to fulfill the specific obligations set forth herein. The scope of services to be provided specifically by CDY in accord with this Contract are managerial and administrative only, . and shall not include the provision of any actual labor or materials. It is understood that CDY shall contract for all necessary labor and materials in• compliance with accepted Washington public works and PBIA bidding • practices. III. PAYMENT a. As compensation for the managerial and administrative services provided by CDY the CITY agrees to pay CDY in accord with the rates set forth in Exhibit "A", attached hereto and incorporated herein by this reference. The maximum total fees and expenses payable by the CITY to CDY for CDY'S services provided under this contract shall not exceed Twenty Five Thousand Dollars ($25,000.00). b. 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. 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 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) days from the date of receipt of billing. d. CDY shall not be paid for services rendered under the Contract unless and until they have been performed to the satisfaction of the CITY. e. 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 (jc)/CDY Services Agreement Page 2 purposes of this Contract means faithfully fulfilling the terms of the contract with variances only for technical or minor omissions or defects. f. 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. IV. RETAINER Retainer is waived for CITY. V. STANDARD PROVISIONS 1. TERM OF CONTRACT The term of this Contract shall begin on the date last executed below, and shall terminate on June 10, 2008, 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: a. For CDY: Name of Representative: Sean Hawkins Title: Deputy Director Mailing Address: 7 N. 3rd Street City, State and Zip Code: Yakima, WA 98901 Telephone Number: 509-225-2485 - Fax Number: E-mail Address: sean@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: cwaarvick@ci.yakima.wa.us (jc)/CDY Services Agreement Page 3 • 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, indeninify 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 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 ('c)/CDY Services Agreement Page 4 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 coverage for bodily injury, personal injury and property damage, subject to limits of not less than $1,000,000 per loss. The general aggregate limit shall apply separately to this Contract and be no Tess 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 the endorsement page(s) of the policy showing the CITY as an additional insured. 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 a three-year period after project completion, or otherwise maintain the coverage. for the three-year period. v. If the Contract is over $50,000 then CDY shall also maintain Employers Liability Coverage with a limit of not Tess than $1 million. c. Automobile Liability: CDY shall maintain Business Automobile Liability insurance with a limit of not less than $1,000,000, each accident combined Bodily Injury and Property Damages. 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. 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 (c)/CDY Services Agreement Page 5 • • • • 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. 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-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re -insurers licensed in the State of Washington. 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 for all costs incurred by CDY in performing the Contract up to the date of such notice. Payment shall be made in accordance with Section III of this Contract. (jc)/CDY Services Agreement Page 6 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. After the effective date, no charges incurred under this Contract are allowable. 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 the costs of services 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 CDY represents that it or 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 (jc)/CDY Services Agreement Page 7 • 41) • • • • 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. 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 MATERIALSNVORK 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. (c)/CDY Services Agreement Page 8 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. 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, retum 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. ('c)/CDYServices Agreement Page 9 • • • 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. V. AUTHORIZED SIGNATORS Committee For Downtown Yakima By: Doug Picatti, Chair of the Board Date: City of Yakima By: R. A. Zais,Jr., City Manager Date: (jc)/CDY Services Agreement Page 10 ATTACHMENT A SCHEDULE OF 2007 FEES FOR THE SCOPE OF SERVICES AS DEFINED IN SECTION II OF THIS CONTRACT THROUGH JUNE 10, 2008, .WILL BE CALCULATED AT THE FOLLOWING RATE: SITE MANAGER: $30 HR. (jc)/CDY Services Agreement Page 11 A RESOLUTION RESOLUTION NO. R -2007 - authorizing the execution of a Memorandum of Understanding between the City of Yakima and the Committee for Downtown Yakima (hereinafter "CDY") that. identifies the agreements and understandings of the parties for the provision of maintenance and safety services within . the area of the recently expanded Parking and Business Improvement Area No. 1 (hereinafter "Central Business District"), including maintenance of trees, shrubs, plants, planter areas, and sidewalks as well as the provision of Safety Ambassadors to provide citizen assistance and bicycle patrol activities. WHEREAS, the City of Yakima has a deep and abiding interest in the maintenance, beautification, safety and preservation of the City of Yakima Central Business District; and WHEREAS, the City of Yakima has expended significant resources toward the improvement of the sidewalks and general appearance of the City's downtown areas through the installation of sidewalks, street lighting, aesthetic improvements and planting displays; and • WHEREAS, the City of Yakima does not have sufficient funds dedicated within itsill budget, nor sufficient City staff to adequately maintain the plants, sidewalks and parking areas within the Central Business District or to provide safety patrols therein; and WHEREAS, on May 5, 2005 the City of Yakima entered into an Agreement whereby CDY would provide the City with professional assistance necessary for the revitalization of the City downtown area, including the Central Business District; and WHEREAS, both the City of Yakima and CDY have a common interest in protecting, promoting and maintaining the Central Business District as an attractive, safe and enjoyable place for public enjoyment; and WHEREAS, CDY has the resources, the expertise and the opportunity to provide maintenance and safety management that is necessary to keep the City's Central Business District attractive, clean and safe, and is willing to enter into a Memorandum of Understanding with the City to carry out those objectives; and WHEREAS, the Yakima City Council believes it to be in the best interests of the City,0 the Yakima Central Business District as defined herein, and the citizens of Yakima to utilize (jc)res/CDY-Memorandum of Understanding -maintenance 1 • the expertise of CDY to contract for the services and materials necessary to maintain the Central Business District and to manage and administer the purposes set forth in the attached and incorporated Memorandum of Understanding; and WHEREAS, representatives from both the City of Yakima and CDY have met to discuss promotional and maintenance standards within the Central Business Distract and identify ways of accomplishing their mutual objectives; both entities have committed to work toward the achievement of those objectives and have formalized their agreements in the attached and incorporated Memorandum of Understanding, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Memorandum of Understanding between. the City of Yakima and the Committee for Downtown Yakima setting forth the agreements and understandings of the parties for the provision and oversight of maintenance and safety services within the recently expanded Parking and Business Improvement Area No.1, referenced for purpose of the attached Memorandum of Understanding as the Yakima Central Business District. ADOPTED BY THE CITY COUNCIL this 17th day of April, 2007. ATTEST: David Edler, Mayor City Clerk (j c )res/C D Y -Memorandum of Understanding -maintenance 2 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF YAKIMA AND COMMITTEE FOR DOWNTOWN YAKIMA This Memorandum of Understanding (the "Memorandum") is entered into by and between the City of Yakima, Washington, a Washington municipal corporation and the Committee for Downtown Yakima (hereinafter "CDY"), a Washington non-profit corporation, for the purpose of providing for (1) the maintenance of the shrubs, plants, planter areas, and sidewalks within the City of Yakima Central Business District; and (2) citizen assistance and Bicycle Patrol activities in the Central Business District. RECITALS WHEREAS, the City of Yakima has a deep and abiding interest in the maintenance, beautification and preservation of the City of Yakima Central Business District; and WHEREAS, the City of Yakima has expended significant resources toward the improvement of the sidewalks and general appearance of the City's downtown areas through the installation of sidewalks, street lighting, aesthetic improvements and planting displays; and WHEREAS, the City of Yakima does not have sufficient funds dedicated within its budget, nor sufficient City staff to adequately maintain, the plants, sidewalks and parking areas within the Central Business District; and WHEREAS, on May 5, 2005 the City of Yakima entered into an Agreement whereby CDY would provide the City with professional assistance necessary for the revitalization of the City downtown area, including the Central Business District; and WHEREAS, both the City of Yakima and CDY have a common interest in protecting, promoting and maintaining the Central Business District as an attractive, safe and enjoyable place for public enjoyment; and WHEREAS, CDY has the resources, the expertise and the opportunity to provide maintenance and safety management that is necessary to keep the City's Central Business District attractive, clean and safe, and is willing to enter into an agreement with the City to carry out those objectives; and WHEREAS, representatives from both the City of Yakima and CDY have met to discuss promotional and maintenance standards within the Central Business District and identify ways of accomplishing their mutual objectives; both entities have committed to work toward the achievement of those objectives. Memorandum of Understanding-CDY Maintenance Agreement 1 • • NOW THEREFORE, based on the foregoing Recitals, the City of Yakima and CDY agree as follows: A. CDY shall contract with independent contractors for the provision of maintenance and care for, 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 Yakima Parking and Business Improvement Area No. 1 (specifically described in its expanded form by Ordinance 2007-15, approved by City Council on April 3, 2007 and referenced in this MOU as the City of Yakima Central Business District (hereinafter "Central Business District")). Included in this Memorandum of Understanding are the Millennium Plaza and the Park located at the corner of South 2' Street and Yakima Avenue. Specific provisions of this Memorandum of Understanding shall include: 1. Litter removal from the Central Business District daily, Monday through Friday inclusive, from all, alleyways, sidewalks and street gutters. From April 1s1 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 irriated daily. The trees along Yakima Avenue from 1St Street to 9 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. 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 park area within the Central Business District and planting pots emptied of dead vegetation to maintain an orderly appearance through the winter. Memorandum of Understanding-CDY Maintenance Agreement 2 8. During the winter months snow and ice shall be removed from walkways around the parking lots and from each pedestrian comer within the Central Business Distiict. 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. 9. Sidewalks shall be swept weekly throughout the year, with pressure - washing where 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. The City, of Yakima and CDY are committed to actively pursue; the items specified within this Memorandum of Understanding toward: the increased vitality of the Yakima Central Business District. The parties agree that the general basis for the terms of services set forth in this Memorandum of Understanding are identified within Exhibit "A", attached hereto and incorporated herein by this reference. 12. 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. B. CDY shall also contract with an independent contractor for its "Safety Ambassador" program as described in the attached Exhibit "A". C. The City of Yakima and CDY further agree that for work and services provided under this Memorandum of Understanding that require formal bidding prior to contracting, the City shall be responsible for announcing the scope of work to be bid upon, based upon specific and complete RFP statements provided to the City by CDY, and to conduct the bidding process to the point of the selection of the successful bidder. CDY shall then contract with the successful bidder to perform the particular scope of work or service bid upon, subject to the agreements contained herein between the City and CDY. CDY shall also manage and oversee the provision of work and/or services to be provided by the contractor. The City of Yakima and CDY acknowledge that work and services provided under : the contracts envisioned within this Memorandum of Understanding shall be subject to the public bidding process in every case where public and/or PBIA funds' are Memorandum of Understanding-CDY Maintenance Agreement 3 • being expended by the City toward the execution of the work or services provided by contractors contracting with CDY for the services identified herein. The only cases where work or services contracted for by CDY may not require a public bidding process will be those where CDY is paying for the work or services directly from its own funding sources. These sources shall not include PBIA funds or City budget funds paid to CDY specifically for the execution of work identified in this Memorandum of Understanding. The City agrees to provide CDY with the PBIA assessment revenue of $63,000 obtained from the businesses within PBIA No. 1 until that PBIA expires in 2008. The City also agrees to provide CDY with $25,000 budgeted General Fund resources from the 2007 Park Maintenance fund toward the completion of the work and provision of the services identified within this Memorandum of Understanding for the year 2007. The total funds that the City shall provide on behalf of the execution of this Memorandum of Understanding shall be Eighty - Eight Thousand Dollars ($88,000) and is specifically set forth and identified as to the amount and source of said total funds in the CITY FUNDING MATRIX FOR CITY OF YAKIMA AND CDY PROFESSIONAL SERVICES AGREEMENT, attached hereto and incorporated herein by this reference. Thereafter, funding sources from the City to CDY for the purpose of carrying out the works and services identified herein shall be re -negotiated between the City and CDY. This Memorandum is a mutual expression of intent of the City and CDY. The parties acknowledge and agree that implementation of the Memorandum will require legislative and administrative action, the allocation of public funds and the commitment of staff and other resources to effectuate the terms and commitments set forth in the Memorandum. AGREED UPON this Day of April, 2007 For the City of Yakima: For CDY: Dick Zais, City Manager Doug Picatti Chair of the Board Attest: Yakima City Clerk Memorandum of Understanding-CDY Maintenance Agreement • 4 RBAN PLACE Exhibit "A" CGrottp Inc. Date: 4.11.07 To: Chris Waarvick From: Steve Gibson Re: Beautification and Safety Ambassadors Safety Ambassadors: The Ambassador Bicycle Patrol will provide security and ambassador services in the form of patrolling personnel on bicycles. The purpose of the Bicycle Patrol is to prevent, deter and report illegal activities. The Ambassadors assist visitors tenants and residents in Downtown, by answering questions and distributing maps and information about downtown and help make downtown visitors feel comfortable. The Bicycle Patrol will maintain communication with the Police Department's area patrols and reports illegal activities to the Police Department. The Ambassadors will have assigned routes within the District boundaries and will patrol from June through October. Beautification Ambassadors: In order to effectively deal with the many maintenance and beautification issues, in the Downtown, a multi -dimensional approach has been developed consisting of the following elements. Sidewalk Maintenance: Uniformed, radio equipped personnel; sweep litter, debris and refuse from sidewalks and gutters of the District. Sidewalk Power Washing: A regular power washing schedule; will be developed to insure consistent sidewalk cleanliness. Graffiti Removal: Painters remove graffiti by painting, using solvent and pressure washing. The District maintains a zero tolerance graffiti policy. All tags are removed within 24 hours weekdays. Landscape Maintenance: Selected landscape areas within downtown will be planted with seasonal plants. All downtown landscape areas, will be maintain and kept weed and litter free. Weed Abatement: Weeds are removed as they become unsightly or by special request. Facilitating the Development of Community in Urban Places 5318 E. Second Street, Suite 336, Long Beach, CA 90803 • Ph: (562) 439-6571 • Fax: (562) 439-9349 info@urbanplaceconsulting.com • www.urbanplaceconsulting.com . • • • • RBAN PLACE Co-ny.ati,ng- U rci.cp Paper Sign and Handbill Removal: Paper signs and handbills that are scotch taped or glued on public property, utility boxes, poles and telephones are removed by hand or when necessary by high-pressure hose. Maintenance Problems Requiring Third Party Intervention: Problems are monitored that create blighted or unsafe conditions in the Downtown, but are outside of the jurisdiction of the Ambassadors to repair.. Requests are made to the responsible party for repair. Types of problems include blocked or damaged sewers or drains, damaged sidewalks/streets/alleys, non-operating streetlights, damaged or missing street signs, etc. Facilitating the Development of Community in Urban Places 5318 E. Second Street, Suite 336, Long Beach, CA 90803 • Ph: (562) 439-6571-• Fax: (562) 439-9349 info@urbanplaceconsulting.com • www.urbanplaceconsulting.com AN ORDINANCE ORDINANCE NO. 2007 amending the 2007 budget for the City of Yakima; and making appropriations of $27,000 within the 161 — Parking and Business Improvement Area Fund for expenditure during 2007 to provide for safety, beautification, and maintenance of Downtown Yakima WHEREAS, the City Council of the City of Yakima, Washington, on April 3, 2007, passed Ordinance No. 2007-15 expanding the boundaries of and increasing assessment rates for the Parking and Business Improvement Area No. 1 (PBIA) in Downtown Yakima, and; WHEREAS, the amount of $27,000 must be appropriated within the 161 — Parking and Business Improvement Area (PBIA) Fund for expenditure during 2007 to provide for safety, beautification, and maintenance of Downtown Yakima, and WHEREAS, at the time of the adoption of the 2007 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1: The amount of $27,000 is hereby appropriated from the Unappropriated Fund Balance in the 161 — Parking and Business Improvement Area Fund to the following accounts as a 2007 appropriation: Resources: PBIA Assessments ------------ 161 -161 -323 -0000 -36850 -CAA --$27,000 Expenditures: Professional Services - 161-161-320-0000-55910-410 -- $27,000 Section 2: This ordinance is one making an appropriation and shall take effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of , 2007. DAVID EDLER, MAYOR ATTEST: CITY CLERK First Reading: Publication Date: Effective Date: Cie PBIA Assess approp 07 4/13/2007 • • • 2007 MAJOR POLICY ISSUE DEPARTMENT: Public Works DIVISION: Parks and Recreation POLICY ISSUE TITLE: Maintenance of the Central Business District — Budgeted/Unbudgeted 1. Proposal — The Parks and Recreation Division has provided the maintenance and landscaping for the Central Business District (CBD). Revenues from the parking lot stations and annual contributions from the Yakima Downtown Associations (YDA) have provided the support for this work function. However, revenues from both of these sources have been declining for a number of years (see attached chart). With the redevelopment of the downtown, it is important to look at what other options might be available for funding and providing the service to the expanded and upgraded downtown area. The attached memo discusses options for Council consideration. a. Fiscal Impact — $50,000 Budgeted. $100,000 Unbudgeted. $150,000 Total Cost estimate. b. Proposed Funding Source — Five options have been identified for Council consideration (see attached memorandum.) c. Public Impact — Maintaining the beauty and aesthetics of the downtown is vital to the public and community. d. Personnel Impact — None. e. Required Changes in City Regulations or Policies — None. f. Legal Constraints, if applicable — None. g. Viable Alternatives — To continue to have the Parks Division maintain the downtown without additional revenue. 3. Conclusion and/or Staff Recommendation — To have the Council Downtown Yakima Futures Initiative Oversight Committee continue to review these proposals and recommend an option for full Council consideration to create a continued revenue source for maintaining the downtown. 42 — Public Works • 2007 Policy Issues 2007 BUDGET POLICY ISSUE SUPPLEMENTAL BACKGROUND INFORMATION Council Information Item Memorandum September 27, 2006 To: Honorable Mayor, Council Members, and City Manager From: Chris Waarvick, Director of Public Works Subject: Maintenance Considerations for the Downtown The Downtown Yakima Futures Initiative project improvements are in the final stages to boldly renew the City's pedestrian ways in the heart of Yakima. In addition to the "Vivid" themed side- walks, pedestrian light fixtures, landscape, and other architectural improvements, vital safety components were added earlier this year to help handicapped access to sidewalks in Downtown Yakima. To maintain the beauty and aesthetics of the downtown area, Public Works is proposing to contract out the maintenance functions. The private contract would be managed by the Yakima'Downtown Partnership. The City would assist the Yakima Downtown Partnership in identifying tasks and standards for maintenance. Options for funding the cost for the ongoing maintenance, of which staff has projected to be ap- proximately $150,000 per year, are as follows: Option 1: Increase Business License Fees. It is proposed to increase business license fees by 20% in 2007. This would generate an additional $100,000 in revenue. The last increase in Busi- ness License fees was in 1987. Option 2: Increase In Lieu Tax on City Utilities. It is proposed to increase 1/2 of 1% In Lieu Tax to generate additional revenue for maintaining the downtown. Currently, In Lieu Tax is 14%. This increase would bring in approximately $135,000. Option 3: Establish a PBIA for Downtown Maintenance. The formation of a PBIA for mainte- nance and operational support is a third option for Council consideration. The formation of the PBIA would need to be designed to generate $100,000 to $130,000 a year in revenue to sustain maintenance activity. Option 4: Continue Maintenance by Public Works with No Additional Revenue Stream. This option would result in reduction of services in Parks and Streets. It would still be recommended that the downtown maintenance be contracted out to the private sector. Option 5: Seek Community Volunteers. This option includes recruitment and supervision of0 community volunteers to maintain the downtown. 2007 Policy Issues ® Public Works — 43 • Downtown Landscaping Policy Issue Maintenance of the Central Business District and expanded Area to include 9th Street to 10th Avenue - Lincoln to Walnut Public Works provides daily/weekly services to the Central Business District (16 Block area). The following chart shows current tasks being performed by City crews. PARKS DIVISION CURRENT TASKS REFUSE DIVISION CURRENT TASKS STREET & TRAFFIC OPERATIONS DIVISION (16TH AVENUE, I8TH STREET LINCOLN AND SPRUCE) CURRENT TASKS TRANSIT DIVISION CURRENT TASKS • Litter Control • Garbage Containers at no • Empty Refuse Containers • Regular Bus Route '• Graffiti Removal cost • Blowing, Sweeping Litter • Benches and Shelters • Snow Removal in Parking '• Clean -Up -Illegal Dumping • DOC Crew (occasionally) Lots and ADA ramps on in Downtown and Alleys _ • Christmas Decorations sidewalks • Special Event Support • New Signs • Landscaping including: • Street Sweeping • Irrigation • Street Snow Removal • Planting • Pick up Snow when required • Weeding • Special Event Support • Pruning • Parade Traffic Control • Special Event Support • US Flags • Sweeping Lots With the expansion and redevelopment of the downtown, additional tasks will be necessary beginning fira in 2007. They are shown on the following chart: ADDITIONAL NEW FEATURES: ADDITIONAL NEW FEATURES ADDITIONAL NEW FEATURES ADDITIONAL NEW FEATURES • Drinking fountains • Hanging Baskets • Planters • Lights - Trees • Banners • Additional Benches 70,000 60,000 50,000 40,000 30,000 20,000 10,000 (10,000) (20,000) Central Business District Maintenance Costs and Revenues 2001 - 2007 O i 2001 I 2002 2003 2004 2005 2006 2007 —0-- Maintenance Cost 50,909 47,965 53,724 49,559 51,905 48,911 — • — Revenue 34,458 46,664 61,871 39,179 22,298 10,000 — a — • Parks Subsidy 16,451 1,301 (8,147) 10,380 29,607 38,911 50,000 10,000 40,000 44 — PubIic Works e 2007 Policy Issues inch equals 500 feet Potential PB Expansion Area PBIA Area Existing PBIA Asses ,ea Potential PBIA Expansion Area • • • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / 0 For Meeting of: November 6, 2007 A Resolution Amending the Agreement with Committee For Downtown Yakima (CDY) for Additional Resources to Assist Downtown Winter Maintenance Activities SUBMITTED BY: Chris Waarvick, Director of Public Works Yakima Downtown Association (YDA) Cindy Epperson, Financial Services Manager CONTACT PERSON/TELEPHONE: Jamie Stickel, 575-7719 Sean Hawkins, 225-2485 SUMMARY EXPLANATION: The Yakima Downtown Association (YDA) and Committee for Downtown Yakima (CDY) are requesting $15,000 from the 161 PBIA Fund for additional assistance with winter landscaping and maintenance activities in the downtown area. The work that needs to be completed is leaf removal, tree trimming, graffiti and snow removal, and other landscaping activities necessary for a safe winter and successful growing season next spring. The attached Resolution authorizes the City Manager to execute an amendment to the existing contract with CDY to continue for the winter season one additional maintenance staff member (for a total of two) for the Downtown Yakima Safe and Clean effort by CDY. Resolution X Ordinance Other (Specify) Original Agreement Package Funding Source: 161 PBIA Fund —$15,000 Approved for Submittal: City Manager STAFF RECOMMENDATION: Staff recommends approval of YDA's and CDY's request; and, approval of the resolution authorizing an amendment to the current agreement with CDY for additional resources to assist downtown winter maintenance activities. BOARD/COMMISSION RECOMMENDATION: The Downtown Yakima Futures Initiative committee has reviewed this request on October 14, 2007 and moved to pass along to the full City Council with their support. Yakima Downtown Association voted to support this request on October 4, 2007. COUNCIL ACTION: