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06/19/2012 13 DYBID Safety Ambassador, Cleaning, and Landscape Maintenance Services Contractor Contract; Block by Block ( • ; : —" rk 1q 'C .4*00 i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 13 For Meeting of: June 19, 2012 ITEM TITLE: Resolutions authorizing agreements with Block by Block (A) for the DYBID Safety Ambassador, Cleaning, and Landscape Maintenance Services, and (B) to Manage and Enforce parking in the downtown public lots. SUBMITTED BY: Chris Waarvick, Director of Public Works Sue Ownby, Purchasing Manager CONTACT Chris Waarvick, Director of Public Works PERSON /TELEPHONE: Yakima Public Works (509) 575 -6005 SUMMARY EXPLANATION: The City of Yakima requires a Contractor to provide services for the City, properties and owners of businesses in the Parking Benefit Improvement Area (PBIA #1,) or otherwise known as the Downtown Yakima Business Improvement District (DYBID). The City also requires the services of a contractor to manage and enforce parking in the downtown public lots. The Purchasing Division advertised a Request for Proposals (Exhibit "A," RFP 11203P) which were received on April 8, 2012. Please see attached Memorandum with Recommendation of Award outlining the evaluation process (Exhibit "B "). The Contractor will provide services as specified in the RFP scope of work. Block by Block (BBB), a subsidiary business of SMS Holding Corporation of Nashville, Tennessee, is recommended to provide both the DYBID Clean and Safe Services and the Parking Management and Enforcement Services. Two separate contracts are provided herein for your approval. The Safety Ambassador, Cleaning, and Landscape Maintenance Services contract is based on four schedules; Cleaning Maintenance, Landscape Maintenance, Safety Ambassadors, and Additional Work. The program objectives include: providing a clean and safe environment for downtown Yakima; to support public safety by offering customer service orientation to pedestrians, convention visitors and business patrons by providing a highly visible downtown presence; to provide for a vibrant and colorful downtown with annual and perennial landscaping; and providing cleaning and graffiti abatement services. This Contract will be for $230,000 on an annualized basis. The resources for this contract come from the PBIA #1 assessments and direct City contributions ($50,000). BBB is also recommended to provide for downtown public parking lot management and enforcement. The City has replaced older "drop boxes" for parking payments with modern electronic equipment. A digital violation and citation management system has been instituted. Improved signage describing what the parking patron needs to do have also been installed. The cost for this contract is $27,825 on an annualized basis. The resources for this contract come from parking revenues Exhibit "A" RFP 11203P; Exhibit er Resolution X Ordinance (specify) "B" Letter of Recommendation of Award Contract: X Mail to: Mydatt Services, Inc. dba Block by Block; Legal Dept.; 7135 Charlotte Pike, Ste. 100, Nashville, TN 37209 Contract Term: 7/1/12 - Amount: $2.30,000 and Expiration Date: 6/30/13 6/30/13 $27,825 w /extensions available Insurance Required? Yes Funding PBIA #1 assessments, direct City phone: 502/634 -6660 Source: contributions and Parking Fund Revenues APPROVED FOR SUBMITTAL: // City Manager STAFF RECOMMENDATION: Staff respectfully requests that City Council adopt the attached resolutions authorizing the City Manager to execute two agreements with BBB for (A) DYBID Safety Ambassador, Cleaning and Landscape Maintenance Services, and (B) for Downtown Public Parking Management and Enforcement. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution with Exhibit 1 CI Exhibit B- Letter of Recommendation of Award ❑ Agreement ❑ RFP 11203P Addendum No. 1 ❑ RFP 11203P Addendum No. 2 ❑ RfP 11203P ❑ Resolution with Exhibit ❑ Exhibit B- Letter of Recommendation of Award ❑ Block by Block downtowrparking management final 6 2012 Cl Parking Facilities Map - ❑ BBB Web site Info ❑ Downtown Maintenance Cost 2011 to Projected 2013 1 • � 1 RESOLUTION R -2012- A RESOLUTION authorizing the City Manager of the City of Yakima to execute all applicable contracts to engage Block by Block as the Safety Ambassador, Cleaning, and Landscape Maintenance Services Contractor. WHEREAS, The City of Yakima requires a contract for professional services for Safety Ambassador, Cleaning, and Landscape Maintenance Services in the Downtown Yakima Business Improvement District (DYBID); WHEREAS, The City of Yakima DYBID has sufficient contributions and assessments for the identified services; WHEREAS, The Purchasing Division advertised a Request for Proposals (11203 P), which were received on April 8, 2012; WHEREAS, Proposal Packets were received from the following five (5) contractors; AAA Champion LLC Service Group Inc Block by Block Senske Lawn and Tree Care Committee for Downtown Yakima WHEREAS, an Evaluation Process was completed and it is recommended by the Evaluation Committee that the City proceed with a contract award to Block by Block; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute all applicable contracts to hire Block by Block as the Safety Ambassador, Cleaning, and Landscape Maintenance Services Contractor. A copy of the Memorandum of Recommendation with Exhibit "B" is attached hereto and by reference made a part hereof, now, therefore, ADOPTED BY THE CITY COUNCIL this day of June, 2012. ATTEST: Micah Cawley, Mayor City Clerk Exhibit "B" MEMORANDUM • ^.� Yom Date May 9, 2012 To Michael A. Morales, Interim City Manager PFCE!V I From. Colleen Bailey, Buyer I - Purchasing MAY 1 0 201Z Subject RFP 11203 -P Safety Ambassador, Cleaning, and Landscape Ma fAS$NG DIV. Services We are pleased to announce the proposal and evaluation process for selecting a vendor to provide Safety Ambassador, Cleaning, and Landscape Maintenance Services is complete. On April 8, 2012, Requests for Proposals were accepted from interested parties to provide the City with these services. Purchasing reviewed the Proposals for responsiveness to the RFP Reference checks were done. The proposal was then subjected to a scoring matrix, where they were judged in six different areas, worth a total of 170 points There were five voting committee members, for a total of 850 points possible. The Committee met on May 8, 2012 to finalize the scores and their decision of vendor. Proposals were received from the following AAA Champion LLC Senske Lawn and Tree Care Block by Block Service Group Inc Committee for Downtown Yakima An evaluation committee was formed with the followmg individuals: Verlynn Best, President, Chamber of Commerce Mike Broadhead, President, Yakima Valley Bank Dave Brown, Water /Irrigation Manager, City of Yakima Greg Lybeck, Central WA State Fair Jeff Louman, PE President, Huibregtse Louman Associates Inc The committee members chose Block by Block (775 points, 155 average points) as the top scoring proposer, best meeting the requirements of the RFP. The committee is pleased to recommend Block by Block as the selected vendor. Please approve this Recommendation of Award, as outlined above for these services. tyro UGaili 5 c?►I� is Waarvick, Public Works Director Da e iD Michael A. Morales, Interim City Manager at BLOCK BY BLOCK AGREEMENT FOR PROFESSIONAL AND AMBASSADOR SERVICES for City of Yakima, Washington This agreement is made and entered into on this 1st day of July, 2012 between the City of Yakima, Washington, a Washington municipal corporation (hereinafter referred to as "CITY "), and Mydatt Services Inc. d.b.a. Block by Block, an Ohio corporation (hereinafter referred to as "BBB "). CITY and BBB for mutual consideration hereinafter set forth, agree as follows: OBJECTIVES A. To provide administrative, management and maintenance services, beautification programs and safety ambassador services 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," attached hereto and incorporated herein. II. SCOPE OF SERVICES A. BBB 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," 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 CITY with copies of all contracts executed by Block by Block 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). 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 Block by Block provides, and shall provide Block by Block with the successful bidder's identification in order that Block by Block can formally contract therewith for the provision of the services required. 6. 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 1 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 BBB shall contract for all necessary labor and materials in compliance with accepted Washington public works and DYBID bidding practices. B. BBB 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. IlI. PAYMENT A. Consultant, Management, Administrative, Advisory and Maintenance Services • 1. As compensation for the managerial, administrative, safety, advisory and maintenance services provided by BBB the CITY agrees to pay BBB as set forth in Paragraphs III A. and III B. The City will pay BBB Two Hundred Thirty Thousand Dollars ($230,000) from PBIA Assessments and City contribution for Block by Block managerial, administrative, safety, 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 BBB, except for work identified and set forth in this Contract or supporting exhibits or attachments incorporated by reference into this Contract. B Default for non - payment by CITY Should CITY not pay BBB's invoices within the provided payment schedule then CITY shall be in default. BBB shall have the right, but not the obligation, to issue notice to CITY of such default. Should CITY not cure the default within thirty (30) days of the notice, then EBB may terminate this Agreement immediately and pursue all remedies towards collecting all outstanding balances C. General provisions applicable to all services provided 1 BBB 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 BBB performed work for the CITY during the billing period. The CITY shall pay BBB for services rendered in the month following the actual delivery of the work and will remit payment within thirty (30) days from the date of receipt of invoice. 2. BBB shall not he paid for services rendered under the Contract unless and until they have been performed to the satisfaction of the CITY. 3. In the event BBB has failed to perform any substantial obligation to be performed by BBB under this Contract and such failure has not been cured within 2 ten (10) days following notice from the CITY, then the CITY may, in its sole discretion, upon written notice to BBB, withhold any and all monies due and payable to BBB, 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, BBB 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 effective date of this Contract shall begin on July 1, 2012, and shall terminate on June 30, 2013, unless terminated earlier by the CITY in accordance with . paragraph 6 of this Section of this Contract. The period of this contract shall be for a period of one year from its effective date. The City may, as its option, extend the contract on a year to year basis for up to four additional years provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving thirty (30) days notice in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain firm for the first twelve month period of the contract unless an exception is stated in the bid. 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 BBB: Name of Representative: Blair McBride Title: Executive VP Mailing Address: 2929 Floyd Street City, State and Zip Code: Louisville, KY 40209 Telephone Number: 502 - 634 -6660 E -mail Address: bmcbride @blockbyblock.com 3 With copy to Mydatt Services, Inc dba Block, by Block Legal Dept. 7135 Charlotte Pike, Ste. 100 Nashville, TN 37209 b For CITY' Name of Representative Chris Waarvick Title Public Works Director Mailing Address 2301 Fruitvale Blvd City, State and Zip Code Yakima, VVA 98902 • Telephone Number 509 575 -6005 Fax Number 509 575 -6238 E -mail Address cwaar✓ick @ci yakima wa us 3 AMENDMENTS AND CHANGES IN WORK — I a In the event of any errors or omissions by BBB in the performance of any work required under this Contract, BBB shall make any and all necessary corrections without additional compensation All work submitted by BBB shall be certified by BBB and checked for errors and omissions BBB 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. BBB shall hold harmless and indemnify the CITY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, losses, expenses, damages, and lodgments of any nature whatsoever for injury, sickness, disability or death to pe! sons or damage to property or business, caused by or arising out of BBB'S negligence or willful misconduct in the performance of this Contract. Claims shall include, but not be limited to, claims that information supplied by BBB infringes any patent, copyright, trademark, trade name, or otherwise results in an unfair trade practice PROVIDED HOWEVER, that BBB's obligations hereunder shall not extend to injury, sickness, death or damage caused by or arising cut 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, BBB's obligations hereunder shall apply only to the percentage of fault attributable to BBB, its employees or agents. 4 b. In any and all claims against the CITY, its officers, officials, employees and agents by any employee or contractor of BBB, 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 BBB under Worker's Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that BBB expressly waives any immunity BBB might have had under such laws. By executing the Contract, BBB 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 BBB makes with any contractor or agent performing work hereunder c. Additionally, for clarity, CITY will defend, indemnify and hold harmless BBB for any claim for personal injury, death or damage to tangible personal or real property to the extent caused by the negligence or willful misconduct of the CITY, its employees, affiliates or agents. 5. INSURANCE a. Workers' Compensation: BBB shall maintain workers' compensation insurance as required by Title 51, RCW, and shall provide evidence of coverage to the CITY. If BBB has employees, BBB shall request the Washington State Department of Labor and Industries, Workers' Compensation Representative, send written verification to CITY that BBB is currently paying Workers' Compensation. b. Commercial General Liability: BBB 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. BBB 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 BBB 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. BBB'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. iii. BBB 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 BBB's liability coverage is written as a claims made policy, then BBB 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. 5 v. BBB shall also maintain Employers Liability Coverage (Washington Stop Gap) with a limit of not less than $1 million. c. Automobile Liability: BBB 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: BBB'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. BBB'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. BBB 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. BBB 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. BBB shall require that each contractor entering into contracts to provide services on behalf of BBB 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. BBB's Automobile Liability insurance shall include the CITY, its officers, officials, employees and agents with respect to performance of services, and shall contain no special limitations on the scope of protection afforded to the CITY as an additional insured. e Verification of Coverage and Acceptability of Insurers: BBB 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 do of the Office or Department issuing the Contract. The 6 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 iii. BBB 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. BBB 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. Either Party may terminate this Contract without cause upon giving thirty (30) days written notice by Certified Mail to either Party's Contract Representative. In that event, the CITY shall pay BBB 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 BBB. 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. Any contracted services that are performed prior to and including effective date will be eligible for compensation. c. If BBB 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 BBB 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 BBB shall bear all costs and expenses incurred by the CITY in completing the work and all damages sustained by the CITY by reason of BBB's breach. 7. NO CONFLICT OF INTEREST BBB 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. BBB further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 7 8. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING a. BBB shall perform the terms of the Contract using only its bona fide employees or agents, and the obligations and duties of BBB 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. BBB 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 BBB, 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 � I 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 CONTRACTOR a BBB's services shall be furnished by BBB as an Independent consultant and not as an agent, employee or servant of the CITY. BBB specifically has the right to direct and control BBB's own activities in providing the agreed services in accordance with the specifications set out in this Contract. b. BBB acknowledges that the entire compensation for this Contract is set forth in Section III of this Contract, and BBB 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 YAKIM.A employees c. BBB 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 BBB shall be or deem to be or act or purport to act as an employee, agent or representative of the CITY. o. BBB 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 BBB and as to all duties, activities and requirements by BBB 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 BBB shall comply with all provisions of Chapter 39.12 RCW concerning prevailing wages on Public Work. e. BBB 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. 8 11. COMPLIANCE WITH LAWS BBB 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 and with reasonable prior notice, inspect the books and records of BBB relating to the performance of this Contract. BBB shall keep all records required by this Contract for six (6) years after termination of this Contract for audit purposes. 13. NONDISCRIMINATION BBB, 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 BBB for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold BBB harmless therefore to the extent such use is agreed to in writing by BBB. 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 BBB 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 BBB 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 BBB'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 9 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 courts of competent jurisdiction in YAKIMA COUNTY, Washington. 17 SEVERABILITY . a If a court of competent jurisdiction holds any part, term or provision of this 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. VI AUTHORIZED SIGNATORS Mydatt Services Inc. d.b.a. Block by Block By Blair McBride, Vice President Date. 10 City of Yakima By: Michael A. Morales, Interim City Manager Date: 11 /' . �..��•e ��. SERVICE.. p. �• City of Yakima/Yakima County Purchasing - = Y.KIM.tj COAJATIr March 22, 2012 To Whom It May Concern- , Subject: Bid No. 11203P Safety Ambassador, Cleaning and Landscape Maintenance Services for City of Yakima - Addendum No. 1 Per the discussion at the Pre -Bid Meeting of March 20, 2012, please note the following changes and/or clarifications to the bid document Safety • Clarified that physical action would not be required or desired. A call to Police is generally what is expected. Cleaning • Cleaning out the grates under the trees, cleaning off graffiti from trees with eco- friendly product is mcluded • Number of trash receptacles is approximately 100, emptying the receptacles is required by the vendor, and city pays dumpster fee • Cleaning after special events downtown — Sponsor organization is expected to clean up but vendor may be asked to assist, and city does not preclude the vendor from negotiating payment from the sponsor organization. • Pressure washing; clarified to be done at begmnmg of season and as needed thereafter, i.e After special events, City pays cost of water, and dumpster fees, equipment provided by vendor • Snow removal being included include in your price for cleaning, snow removal which will be required on street corners and sidewalks around City owned parking lots, busmesses are responsible for the sidewalks on their storefront Landscape • Landscape Maintenance: Minor repairs to the irrigation system to be provided by vendor after fast discussing with Public Works to decide approach City pays for materials if significant, vendor must turn on system to ensure proper working order at the beginning of season and check all planters and hanging baskets, and beds to ensure system is in proper working condition which includes adjusting spray heads as needed throughout the season, and at end of season city helps blow out system • Pruning: Vendor is required to perform pruning on the branches of small trees, but historically has not required significant maintenance due to the fact that they are columnar trees. 129 North Second Street *Yakima, WA 98901 a Phone 509 -575 -6093 • fax 509- 576 -6394 • Decorative lights in trees are maintamed by Streets Dept, however minor repairs and replacement of bulbs may be required of vendor — City provides replacement parts • Perennials in Planters, Baskets, and Flower Beds Vendor will be expected to separate and replant as needed to prevent over growth • Hanging Baskets. Vendor will be required to hang Baskets by Mother's Day per page 12, weekly deadheading, application of fertilizer and insecticide is vendor's responsibility; chemicals to be provided by the City • Mowing: there are small patches of lawn that will be required to be mowed by vendor, locations included but not limited to, and may be adjusted as needed Millennium Plaza on 3 St across from Capital Theater, park on SE corner of 2n St and Yakima Ave., small patch on NE corner of 2nd St and Yakima Ave, patch on NW corner of Martin Luther King Blvd and 2n St, strip of lawn on 4 St behind the Federal Courthouse, and small area on Naches and A Street Areas Not Included. Performance Park on NW corner of 2 St and A St Seasonality • Season is generally early spring through fall, but open to discussion and scheduling • Cleaning — all year with minimum staffing during winter months • Landscape -- approximately 9 months • Safety Ambassador — late spring through early fall Personnel Qualifications • Personnel Qualifications: Starting on page 28, there was a question to clarify how City will be involved in approval of contractor's employees to be providmg service under this contract The City will require a clean background check, E- verify is required, and City would prefer that Vendor submit a resume for lead employee(s) to be hired for this contract Parking Lot Enforcement • Clarification on parking lot enforcement please see enclosed map showing all City owned lots; (4) lots have pay park, (1) is a non -pay park, but all 5 lots will require cleaning If in the future parking lot enforcement and maintenance will be required in this contract, vendor will be required to be trained on the use of coin operated Cale Parking Meters, and a limited commission to enforce the parking code utilizing an automated ticket enforcement system which will be provided by the City • Striping will not be included in parking lots Additional Scope of Work Questions: • Landscape and Cleaning pricing Page 4 keep pricing separate as listed on Proposal Form. • Industry Standard for wages. Question was asked to define industry standard for wages per paragraph II.H 1 on page 16, please refer to the most recent Bureau of Labor 129 North Second Street Yakima. WA 98901 Phone 509 - 575 -6093 fax 509- 576 -6394 Statistics Wage Estimates http• / /data.bls gov /cgi- bin/print pl/oes /current/oes 49420 htm If Prevailing Wage is higher, vendor will be required to pay Prevailing Wage • Question: Will Community and Economic Development Services be included since the ordinance may require this? Answer: The city understands that the ordinance discusses the downtown development, but this will not be included in this proposal • Question: Who would the contractor ultimately report to at City? Answer: Chris Waarvick, Director of Public Works • Reporting requirements: Reporting will be modeled after advisory committee expectations TBD At a minimum they will be monthly, detailing number of citizen assists, number of safety issues, number of graffiti removals, quantity of waste removed, budget summary, and schedule for reportmg will be established after award. • To clarify: On page 29, section IIV.A 15 regarding time keeping, the specifications require automated time keeping the City would be willing to accept a manual time keeping system as long as it is verifiable, and all records are retained during the term of contract or as required by law. • Question: Who is scoring the RFP? Answer: evaluation committee is TBD — Council will advise a credible group of neutral people with no conflicts and ability to rate properly • Contractor will be required to participate with City in a Downtown Streetscape Inventory. Additional Questions submitted for response • Question: Page 11 #1 Safety Ambassadors you show 112 hours, just to clarify these are only the seasonal hours? Answer: Yes, this number is given as an approximate • Question: Is your "seasonal" expectations April 1' through October 31 '? Answer: See Seasonality • Question: The only Full -Time year round employee is the "Supervisor ", is that assumption correct? Answer: Yes the City expects the Supervisor that oversees both Cleaning and Safety Ambassadors will be a full -tine, year -round employee There may be a small number of part -tune employees during winter months to perform those tasks outlined in the specifications. • Question: Page 13, #6 Maintenance of automated meters, would the Contractor be responsible for parts and replacement of units? Answer: No the City is responsible for these parts • Question: What is the expected start date for services? Answer: Beginning of May to June range, depending on award date of tins proposal • Safety Ambassador hours of operation Generally M -F 11am -7 pm The due date for RFP 11204 has been extended to Wednesday, April 4, 2012 @. 2:00 pm. If any RFP's have already been received they will be kept by the City Purchasing Division, unopened, and held for the new opening date All bid specifications and addenda can be viewed on our website at htt.:/ /www.ci. akima.wa.us /services /.urchasin o.enin ±s/ 129 North Second Street Yakima, WA 98901 Phone 509- 575 -6093 fax 509 - 576 -6394 If you have any questions, please contact me at (509) 576 -6787 or cbailey @ci yakima wa.us I apologize for any inconvenience this addendum may have caused you Sincerely, I - I ! Colleen Bailey, Buyer Cc: Chris Waavick, file 129 North Second Street _ Yakima, WA 98901 Phone 509 - 575 -6093 fax 509- 576 -6394 / \( _ `! J i •Pay^ v, is \)1 2 Lot t - Spaces `a A SVN 2nD nd st ��� Lot 2 - 165 Spaces 4 . cnestnw5 2n0i3ra Strs Z ,^ Lot 4 - 39 Spaces U N1st SVA St 0 04 Lot 5 - 50 Spaces t Barrel House G A I • 1 Free Parking !/ i/ Lot 6 - 16 Spaces • S2nd St 7 Z Street Parking m — No Parking N - Two Hour N Z 74 III One Hour eimis Parking Analysis Focus Area N .-- a T 0 ...A ,, l \ ' 011 iii...\.;........... r lt v 2 01 • .s \N,(''K‘MP�ve ., i y ua Z-a 1 2A (76_--/ N I co N EE . seRvice. II City of Yakima/Yakima County Purchasing ; ;,,, u ;.., _ e oeurierir March 26, 2012 To Whom It May Concern Subject: Bid No. 11203P Safety Ambassador, Cleaning and Landscape Maintenance Services for City of Yakima - Addendum No. 2 Please note that Addendum No 1 had one typo in the RFP number "The due date for RFP 11201 11203 has been extended to Wednesday, April 4, 2012 @ 2:00 pm." If any RFP's have already been received they will be kept by the City Purchasing Division, unopened, and held for the new opening date All bid specifications and addenda can be viewed on our website at http: / /www.ci.yakima wa.us /services /purchasing /openings /. If you have any questions, please contact me at (509) 576 -6787 or cbailey @ci.yakima wa us I apologize for any inconvenience this addendum may have caused you Sincerely, Colleen Bailey, Buyer I Cc- Chris Waavick, file 129 North Second Street • Yakima, WA 98901 = Phone 509 - 575 -6093 • fax 509- 576 -6394 City of Yakima Exhibit "A" ° 1 Y, f �, iS v till' , tih� ': ,,,w` 1 `` Documents & Specifications for Request for Proposals No. 11203P f i Safety Ambassador, Cleaning and Landscape Maintenance ii Services — City Hall Purchasing Division 129 N 2 St Yakima, WA 98901 March 2 2012 Page 1 of 35 Table of Contents Notice to Proposers .... 3 Proposal Form 4 Non - Collusion Declaration ..... 5 Proposal Signature Sheet .... 6 Contractor Qualification Statement 7 Proposer's Check List .. 10 General Specifications 11 Special Conditions . ......... 14 Prevailing Wage Rates ... 17 Evaluation and Award of Contract ..... 22 Special Instructions .. 26 Attachment A - Sample Agreement . . 30 Attachment B — Pay Schedule & Budget .. .............. 32 Attachment C — Downtown Map of Area . 33 Page 2 of 35 NOTICE TO PROPOSERS RFP No. 11203P Notice is hereby given by the undersigned that sealed Requests for Proposals will be accepted in the office of the Yakima City Clerk, Yakima City Hall, 129 N. 2nd Street, Yakima, Washington 98901 until the hour of 2:00 pm, March 28 2012 and publicly opened and read for: Safety Ambassador, Cleaning and Landscape Maintenance Services for Downtown Yakima, WA This RFP is an endeavor by the City of Yakima (the "City ") to solicit for a contractor to provide services outlined in the scope of work funded by the City and properties and owners of businesses in the Parking Benefit Improvement Area (PBIA, area map attached) or otherwise known forthwith as the Downtown Yakima Business Improvement District (DYBID). The Contract for services will be between the Contractor and the City of Yakima. The City Council's recently established Downtown Yakima Advisory Committee will participate in recommending award to the City Council. A pre - proposal conference is available to all proposers on March 20 2012 at 10:00 a.m. at the City of Yakima Purchasing Office, 7 North 3rd Street, Yakima, WA. Proposers are STRONGLY urged to attend. Prevailing wages shall apply to the maintenance and landscape phases of this project. Above per specifications or approved equal. RFP Forms and Specifications are available in the office of the Purchasing Manager, City Hall, Yakima, Washington. 509 -575 -6093. The City of Yakima reserves the right to reject any and all proposals. Dated this 2 day of March 2012 (Seal) Colleen Bailey Buyer I Publish on March 2"d and 3 2012 Account # 10943 Page 3 of 35 To the Purchasing Manager City of Yakima, Washington: RFP NO. 11203P Proposal FORM The undersigned hereby certifies that they have thoroughly examined the downtown site as defined in the attached map as, and has read and understands the specifications governing the work embraced in this project and propose to undertake and complete the work for the following. The City reserves the right to award any schedule to one vendor, or different vendors, but would prefer to work with one vendor SCHEDULE I CLEANING MAINTENANCE: LUMP S UM PER YEAR $ (considering crew is seasonal and supervisor is year - round) SCHEDULE H LANDSCAPE MAINTENANCE: LUMP SUM PER YEAR $ (considering crew is seasonal and supervisor is year - round) SCHEDULE III SAFETY AMBASSADORS LUMP SUM PER SEASON $ SCHEDULE IV ADDITIONAL WORK (Optional): The contractor, depending on skill and qualifications, may be asked on occasion, to assist with other minor repairs, special events, or upgrades in the CBD Please include in the RFP an hourly rate schedule for additional work requested by the city. PER HOUR /PER MAN $ Totals are not to include any taxes. Page 4of35 NON - COLLUSION DECLARATION I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive quoting in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. • Page 5 of 35 SIGNATURE SHEET Bid No. 11203P The bidder is hereby advised that by signing this signature sheet he /she is deemed to have acknowledged all requirements contained herein. PROMPT PAYMENT DISCOUNT TERMS OFFERED * *Receipt is hereby acknowledged of addendum(s) No. (s) & SIGNATURE OF AUTHORIZED OFFICIAL(S) Firm Name Address Sign Name 5`G aE JS 13 Print Name O'sc5? 0 Date Signed Phone Number Fax Number E -Mail Address Page 6 of 35 CONTRACTOR QUALIFICATION STATEMENT Contractor must complete all portions of this statement before RFP will be considered. The following statements as to experience and general qualifications of the proposer as submitted in conjunction with the proposal, as part thereof and truthfulness and accuracy of information is guaranteed by the bidder and included in RFP evaluation. 1. Name and address of principal business office, which Contract will be administered from: Telephone: 2. Number of years Contractor has been engaged in business: 3. The contractor has never failed to satisfactorily perform a contract awarded to him except as follows: (Name of any and all exceptions and reasons thereof) 4. Contractor must have at least three (3) years experience as a contractor in this field of work and have satisfactorily completed two (2) projects of this nature in the last three (3) years: 1. Location and for whom performed: Phone Contact Person 2. Location and for whom performed: Phone Contact Person Page 7 of 35 5. Provide a narrative description of relationship between contractor and police departments, homeless advocates and other social service agencies. 6. Provide a description of training program. 7 Provide a description of proposed uniforms. Page 8 of 35 E- VERIFY The City of Yakima supports the Federal Immigration, Reform and Control Act of 1986, as amended. The City requires that all contractors or business entities that contract with the City for the award of any City contract for public works in excess of Five Thousand Dollars ($5,000), or any other city contract in excess of Two Thousand Five Hundred Dollars ($2,500), enroll in the E- Verify program or its successor, and thereafter to verify its employees' proof of citizenship and authorization to work in the United States. E- Verify will be used for newly hired employees during the term of the contract ONLY: it is NOT to be used for existing employees. The Contractor must remain enrolled in the program for the duration of the contract and be responsible for verification of every applicable subcontractor. The contractor shall sign and return with their bid response the E- Verify Declaration below. Failure to do so may be cause for rejection of bid. E- VERIFY COMPLIANCE DECLARATION The undersigned declares, under penalty of perjury under the laws of Washington State that: 1. By submitting this Declaration, I certify that I do not and will not, during the performance of this contract, employ illegal alien workers, or otherwise violate the provisions of the Federal Immigration Reform and Control Act of 1986. 2. I agree to enroll in E- Verify prior to the start date of any contract issued by the City of Yakima to ensure that my workforce is legal to work in the United States of America. I agree to use E- Verify for all newly hired employees during the length of the contract. 3. I certify that I am duly authorized to sign this declaration on behalf of my company. 4. I acknowledge that the City of Yakima reserves the right to require evidence of enrollment of the E- Verify program at any time and that non - compliance could lead to suspension of this contract. Firm Name: Dated this day of , 20 Signature: Printed Name: Phone #: Email Address: Page 9 of 35 PROPOSER'S CHECK LIST The proposer's attention is especially called to the following forms which must be executed as required, and submitted with their RFP: A. RFP Form The unit prices, extensions and amounts proposed must be shown in the spaces provided (Page 4). B. RFP Signature Sheet To be filled out and signed by the proposer (Page 6). C. Contractor Qualification Statement • To be filled out by the proposer (Page 7). D. F Verify Declaration To be filled out by the proposer (Page 9). E. Financial Statement To be supplied by the proposer. F Pay Schedule and Budget (Attachment B) To be filled out by the proposer (Page 33). The following forms are to be executed after the contract is awarded: A. Safety, Cleaning and Landscaping Maintenance Agreement (Attachment A) This agreement to be executed by the successful Contractor. B. Certificate of Insurance Refer to attached Informational Certificate of Insurance and Additional Insured Endorsement. Page 10 of 35 RFP No. 11203P Safety, Cleaning and Landscape Maintenance Services Downtown Yakima, WA GENERAL: A. SUMMARY OF WORK The Downtown Yakima Business Improvement District (DYBID) has been created to fund the implementation of activities promoting the renaissance of downtown; making it the premiere gathering place of Central Washington. The City of Yakima is requesting proposals for the services of a Safety Ambassador, and Cleaning and Landscaping contractor for the area generally referred to as downtown and defined as being between 7 Ave. on the West, 9th St on the East, Lincoln on the North and Walnut on the South. The majority of the effort will be in the core of downtown, 1 St. to 6 St, B to Walnut (see Attachment C for Map). 1. Safety Ambassadors — The Safety Ambassador program is seasonal and provides a uniformed, unarmed presence of "goodwill ambassadors" on the downtown streets, serving as the "eyes and ears" of the police, offering a helping hand, giving directions and generally enhancing the public's experience and perception of safety while in the downtown. The Safety Ambassadors act as security for downtown as well as "walking concierges ", providing downtown information and assistance. Each Ambassador will have a well- equipped, quality bicycle (however, the Ambassadors will be a walking and bike patrol). The Ambassadors will be linked by radio /phone to help respond to requests quickly and to report incidents requiring police and medical assistance. The Ambassadors will work with downtown businesses, residents, the Police and Fire Departments and social service agencies to mitigate problems with panhandling, drug dealing, public intoxication, or any other criminal behavior. The Ambassador Service will consist of approximately 112 man hours per week, in addition to 40 hours for the Supervisor who will oversee both Safety and Cleaning Ambassadors, 7 days per week. 2. Cleaning and Landscaping Ambassadors — The seasonal Cleaning and Landscaping Ambassadors will also be "goodwill ambassadors" with some working knowledge of landscaping as well as the ability to communicate in English. The budget covers approximately 88 man -hours per week of cleaning, general landscaping and power washing. The Supervisor will oversee both Cleaning and Safety Ambassadors and will be a full -time, year -round employee. The work under this Contract shall include the furnishing of all labor, materials (except where noted), tools, supervision, transportation and equipment necessary for or incidental to landscape and cleaning maintenance service located as indicated in these specifications and the completion of all work indicated in the Contract Documents. Landscaping and maintenance is all year, however, Security ambassador is seasonal, although there will be a smaller maintenance force in the winter. It is strongly recommended that the interested parties tour the district to see the current conditions. Representatives from the City and members of the assessment area will be Page 11 of 35 available to meet with interested parties for a tour and to answer questions on March 20` 2012. The Contractor's personnel shall conduct themselves onsite in a professional manner at all times. B. PROGRAM OBJECTIVES 1. To provide a clean and safe environment for downtown Yakima; 2. To support the police department, property owners and tenants in overall crime prevention efforts and reduction in neighborhood street disorder; 3. To offer a customer service orientation to pedestrians, especially convention visitors; 4. To provide highly visible neighborhood security; 5. To supplement, not supplant individual building security and the Police Department; arid 6. To provide a vibrant, clean, green and colorful downtown with supplemental landscaping, C. SCOPE OF WORK Vendors may propose services on all of the scope of work or portions of the scope. The scope of work requires the following (includes but is not limited to): 1 Cleaning: a. Pan and broom litter pick -up b. Sweeping sidewalks c Cleaning street furniture d Cleaning out planters and planting areas e Paper sign and handbill removal from public and private property f Removal of graffiti on public and private property 2 Landscape Maintenance a. Hanging of baskets (409) for replacement during the season, and take down of baskets at end of season b Planting ground planters (214) and flower beds as needed at beginning of season and ground planters at start of fall season c Weeding, pruning, trimming, and transplanting as needed d. "Dead- heading" -- includes removing dead flower blooms to encourage new flowers. e Plant Replacement f Watering, fertilizing (slow release fertilizer pellets that will release fertilizer throughout the season, to be applied once a month ), and insecticide application as needed g. Minor irrigation system repairs (Major repairs will be done by the city) h Turning on the watering system and ensuring watering schedule is programmed Mid - March and off at the end of October or beginning of November (including blowing out the lines) 1. Storage of all hanging baskets during the winter months (including removal of plants arid soil in order to increase life expectancy of coconut liners, and maintenance of all ground planters through fall and winter as needed. j. Limited mowing 3 Pressure washing a. The sidewalks will need pressure washing certain times of the year (approximately 4x's a year and possibly some smaller jobs in "hot spot" areas throughout the year -- to be determined by the Contractor and the City.) Page 12 of 35 4. Safety Ambassadors a. A complete tour of the area, plus a return to security "hot spots" must be made per shift. b. All staff uniforms, bicycles must be provided by the contractor and be approved by the City. Equipment must include at least one per employee: 1. Communication equipment - cellular phone/Nextel c. Shift and incident report forms (approved by City) d. A monthly report form (approved by City) e. Police style bicycles with regular maintenance agreements f. Bicycle safety helmets for each Employee g. Equipment packs to include flashlight, first aid kits, etc. h. Uniforms must include an approved logo and/or name on them. The Contractor will submit and provide logo artwork. Uniforms must be appropriate for inclement weather and must be cleaned and maintained on a regular basis. S. Training a. Contractor must provide a detailed training program, which includes training in the following areas: 1. An overview of the role of the patrol, the downtown, the City and street grid (both Clean and Safety Ambassadors) 2. A number of sensitivity sessions must be included in the training. Ambassadors must understand issues relating to cultural diversity, mental illnesses, homelessness and other quality of life issues (Safety Ambassadors) 3. Graffiti and its removal (Clean Ambassadors) 4. Use of force and limitations. The Ambassadors will not be armed and will not have police powers. (Safety Ambassadors) 5. Situation crisis management (Both Ambassador Teams) 6. Public speaking, human relations, interpersonal communications, customer service (Both Ambassador Teams) 7. Radio communications (Both Ambassador Teams) 8. Writing daily reports (Safety Ambassadors) 9. Certified Training in First Aid and CPR for the Safety Ambassadors 10. Self defense (Both Ambassadors) 11. Bike training (Safety Ambassadors) 12. Victim assistance (Safety Ambassadors) 13. City ordinances (Safety Ambassadors) 14. Other features of training program to include tour of the City, the downtown area, the cultural and entertainment aspects, a tour of police headquarters, and meeting several city service representatives. (Both Ambassadors) The City will provide assistance in the area of downtown and city orientation. If awarded to one vendor, Contractor must consider cross - training the Clean Ambassadors and Security Ambassadors. 6. Parking Lots a. The City owns several parking facilities located in the downtown business core. Parking enforcement and maintenance of the physical lots and automated meters may be negotiated into this agreement at a subsequent date. The current budget for this service is $30,000 per year based on $7,500 per quarter. Submit in your proposal your interest and qualifications for this service, including: 1. Parking enforcement of physical lots 2. Maintenance of lots /automated meters Page 13 of 35 3 Coin collection and delivery to City Hail D. ADDITIONAL SCOPE OF WORK REQUIREMENTS 1 Work will be performed in the downtown business district (see map, Attachment C) 2. The cleaning work will be performed on the sidewalks, from the building line to approximately one foot from the street curb (which includes gutters). 3 All staff, uniforms, cleaning, and supplies must be provided by the Contractor and be approved by the City. 4. Equipment must be provided by the Contractor who will also be responsible for any ma intenance and repairs of all equipment. 5. Uniforms must include Contractor logo and /or name on them. The Contractor will provide logo artwork. Uniforms must be appropriate for winter (in the case of the supervisor), spring /fall, summer and inclement weather and must be cleaned and maintained on a. regular basis. 6 Regular meetings between the Contractor, the Council's Downtown Advisory Committee and the City will be required. 7 Workers must be able to speak and understand English 8. Radio communication must be provided by the Contractor Contractor will be responsible for all repairs and maintenance of the radio system. 9. Contractor must provide a working employee manual to be tailored to the specific job. 10. Contractor must provide a detailed training program. 1 1 Contractor must provide a detailed program for quality control specific to the job. E. PURCHASING REQUIREMENTS: Per RCW 3S 87A 200 Any city or town or county authorized by this chapter to establish a parking uripro\ement area shall call for competitive bids by appropriate public notice and award contracts, whene■er the estimated cost of such work or improvement, including cost of materials supplies and equipment, exceeds the sum of two thousand five hundred dollars. This is done by contacting the City of Yakima's Purchasing Division for assistance. F. EQUIPMENT SPECIFICATIONS -- (Contractor Supplies) J . AL least 4 police -issue bicycles 2. One radio or equivalent per employee and one for the Contractor's office 3 Bicycle helmets for each employee 4. Pressure Washer (please outline additional cost in proposal) 5. Utility Vehicle (i e. John Deere Gator) 6. Billy Goat (or equivalent vacuum) 7 All cleaning supplies (i.e. graffiti removal, plastic gloves, pan and broom, etc.) G. CHANGES IN SERVICE The City reserves the right, at any time by written order, to make changes within the general scope of the contract regarding the services to be performed. Such changes might include, but Page 14 of 35 are not limited to: changes in the method of operations, scope of work, requirements for record keeping, and customer service. H. ERRORS AND OMISSIONS The City reserves the right to correct obvious ambiguities and errors in the Bidder's proposal and to waive non - material irregularities and/or omissions. In this regard, if the unit price does not compute to the extended total price, the unit price shall govern. II. SPECIAL CONDITIONS: A. RFP SUBMITTALS AND FORMS All proposals must be made upon forms to be obtained from the City Purchasing Office, City Hall, 129 North 2 ❑ Street, Yakima, Washington, 98901, (509)575 -6093, or www.yakimawa.gov . Extra pages and literature may be added to this package; however, the package shall be returned intact as received. All prices and notations must be typewritten or written in ink, with no erasures permitted. Mistakes may be crossed out and corrections written adjacent thereto, and must be initialed in ink by person signing quotation. Verify your quotations before submission, as they cannot be withdrawn or corrected after being opened. If applicable, unit prices for all items, all extensions, and the total amount of bid or quote must be shown. In the instance of a discrepancy between the unit price and the total price, the unit price shall govern. Any pricing, configuration, or other errors discovered after bid/quote opening or quotation due date must remain and cannot be adjusted. B. RFP DUE DATE ONE ORIGINAL AND FIVE (5) COPIES OF THE RFP shall be submitted to the City Clerks Office, Yakima City Hall, 129 North 2 "d Street, by 2:00 p.m. on March 28 2012 in a sealed envelope labeled RFP No. 11203P with the date and time of RFP opening written on it. If you plan on attending the RFP opening, DO NOT BRING YOUR RFP WITH YOU INTO THE OPENING ROOM. All RFPs must be submitted to the Clerks Office. C. LATE RECEIPT OF BID /QUOTE DOCUMENTS Bids and/or quotations and modifications received after the exact hour and date specified for receipt of bids and/or quotations will not be considered (i.e. if bid was due by 2:00 PM, any bids received after 2:00:00 PM will be rejected). D. PRE- PROPOSAL CONFERENCE A voluntary site visit will be held at 10:00 am on March 20 2012, at City Hall, 129 N 2 "d Street, Yakima, WA 98901. All vendors are encouraged to attend. E. PROPOSER INQUIRIES, CITY CONTACT PERSON Any person contemplating submitting a proposal who is uncertain as to the intended meaning of any part of the Request for Proposals ( "RFP ") or other contract documents, or who finds discrepancies in, or omissions from the Request for Proposals may request interpretation, clarification, or correction of this RFP. Such request must be in writing and must be delivered Page 15 of 35 to the City Contact Person listed below not later than five (5) working days before the deadline for delivery of proposals. The person submitting the request is responsible for its timely delivery. Any interpretation or correction of the RFP or contract documents will be made only by written addendum and will be mailed or delivered to each person receiving this RFP. Any information given to any proposer concerning the solicitation or any changes to the RFP shall be provided in writing to all proposers to ensure that all proposers receive the same information relating to the RFP. The City will not be responsible for any other interpretation, clarification, or correction of this RFP. Proposers must acknowledge receipt of any addenda received in the acknowledgement on page 6 of the proposal. Each proposer should verify that it has received all addenda to this RFP by direct inquiry to the City Contact Person before submitting proposals. Any questions concerning this RFP should be directed during the hours of 8 a.m. to 5 p.m. Monday through Friday to the City Contact Person as follows: Colleen Bailey, Buyer I City of Yakima 129 No. 2 " St. Yakima, WA 98901 Tel: (509) 576 -6787 Fax (509) 576 -6394 email: cbailey @ci.yakima.wa.us Prospective proposers must avoid contacts regarding this RFP with elected officials of the City and City staff not listed as the contact person for this procurement. Any contact other than with the City Contact Person may disqualify a proposer from the RFP process. City contact person will change to Public Works after contract execution. F. FINANCIAL STATEMENTS For analysis purposes, the Contractor shall include in their proposal a financial statement, in a format that displays Balance Sheet, Income Statement and Statement of Cash Flows. Except to the extent required by RCW Chapter 42.17, 42.56, or other applicable laws, these documents will be considered to be proprietary and confidential and will not be released to the public. G. TERM The period of this contract shall be for a period of one year from its effective date. The City may, at its option, extend the contract on a year to year basis for up to four additional years provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving thirty (30) days notice in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain firm for the first twelve month period of the contract unless an exception is stated in the bid. The services will be performed under the terms of a one year contract with the ability to renew after an annual review of the contract. H. BILLING RATES (ATTACHMENT B) 1. The City requires a starting pay rate which reflects the unique level of expertise and training necessary for the job and which distinguishes the position from standard Page 16 of 35 building security and maintenance positions. Since these employees must be above industry standard, the employee rate should be above the industry standard in Yakima, WA. 2. Provide description of staffing plan and per hour cost per employee. Please include both the wage for the employee and the billing rate per employee. 3. Please provide the overtime rate of employees and the billing rate of employees. 4. Please describe hourly rate pay increases during a three year period. Pay rates may be advanced upon merit evaluation, indicating satisfactory performance and completion of the required time in assignment. There must be a merit recognition program. 5. Please describe what is included in the bill rate (the difference between the hourly and billing rate). 6. Please provide a detailed breakdown of the bill rates including all equipment (bikes, radios) and. 7. Describe in detail employee benefits package, type of coverage, vacation policy, tuition, and whether that is included in the billing rate. 8. It should be assumed that the Contractor will provide office and storage space in the CBD for the Ambassador Program and access to trash dumpster or equivalent. I. PRICE ADJUSTMENT In order to protect the interest of the City and to give the contractor a reasonable basis for quoting, a price adjustment feature is hereby incorporated into the specifications and contract documents and shall be binding on the contractor and the City. In submitting RFD's, each contractor shall set forth the amount they will accept for the first season in payment for services and materials in accordance with the contract. J. NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties at their addresses as follows: To City of Yakima Purchasing: Colleen Bailey Buyer I 129 N 2 St Yakima, WA 98901 To Contractor: or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. K. APPLICABLE LAWS The contractor shall comply with all applicable laws and regulations pertaining to this contract. In addition, the contractor shall ensure that any subcontractor performing this contract shall comply with all applicable laws and regulations pertaining to this contract. L. OWNER Reference to "Owner" herein shall be interpreted as the City of Yakima Page 17 of 35 M. FINAL RFP AMOUNT The final RFP amounts shall include cost of all materials (except where noted), labor, and equipment. N. PREVAILING WAGES The contractor will comply with all provisions of Chapter 39.12 RCW - Prevailing Wages on Public Work. A. RCW 39.12.010 - The Prevailing Rate of Wage. Contact the Department of Labor and Industries, to confirm current prevailing wage rate for applicable workers on this particular pubhc work project. B. RCW 39.12.040 - Statement of Intent to Pay Prevailing Wages and an Affidavit of Wages Paid. Before an awarding agency may pay any sum due on account, it must receive a statement of Intent to Pay Prevailing Wages approved by the Department of Labor and Industries. Following final acceptance of a public work project, and before any final money is disbursed, each contractor and sub - contractor must submit to the awarding agency an Affidavit of Wages Paid, certified by the Department of Labor and Industries C. RCW 39 12.070 - Fees Authorized for Approval Certification and Arbitrations. Any fees charged by the Department of Labor and Industries for approvals or fees to cover costs of arbitration conducted shall be the responsibility of the contractor. The State of Washington prevailing wage rates applicable for this public works project, which is located in Yakima County, may be found at the following website address of the Department of Labor and Industries. https. // fortress. wa. gov/l ni /wagelookup /prvWagelookup.aspx Based on the bid submittal deadline for this project, the applicable effective date for prevailing wages for this project is March 28 2012. A copy of the applicable prevailing wage rates are also available for viewing at the office of the Owner, located at 129 N 2 St, Yakima, WA 98901 Upon request, the Owner will mail a hard copy of the applicable prevailing wages for this project. O. INDEMNITY /CONTRACTOR'S LIABILITY INSURANCE. 1. The Service Provider agrees to indemnify and save harmless the County, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance or any service hereunder. 2. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. 3. Contractors Liability Insurance: The contractor shall obtain and maintain in full force and effect during the term of the contract, commercial general liability coverage with insurance carriers admitted to do business in the State of Washington. The insurance companies must carry a Best's Rating of A- VII or better. At all times during the life of this contract, Contractor agrees to maintain, on a primary and non - contributory basis and at its sole expense, the insurance coverage, limits, and endorsements noted below. All such insurance shall not be subject to any deductible or self - insured retention (SIR). There shall be no cancellation, material change, reduction in limits or intent not to Page 18 of 35 renew the insurance coverage(s) without 30 days written notice from the contractor or its insurer(s) to the City of Yakima. The requirements contained herein, as well as the City of Yakima's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this contract. The policies will be written on an occurrence basis, subject to the following minimum limits of liability: Commercial General Liability: Combined Single Limit: $1,000,000 Per Occurrence $2,000,000 Annual Aggregate The City of Yakima, its agents, employees, authorized volunteers; elected and appointed officials are included as Primary/Non- Contributory additional insureds. The Contractors' insurance coverage shall be primary insurance as respects those who are Additional Insureds under this agreement. Any insurance, self - insurance or insurance pool coverage maintained by the County shall be in excess of the Contractor's insurance and shall not contribute to it. The contractor will provide a Certificate of Insurance to the City as evidence of coverage. A copy of the additional insured endorsement attached to the policy will be included with the certificate. This Certificate of insurance shall be provided to the Purchasing Manager, prior to commencement of this work. If at any time during the life of the contract or any extension, the contractor fails to maintain the required insurance in full force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required insurance may be sufficient cause for the County to terminate the contract. The contractor shall also maintain workers compensation through the State of Washington. 4. Contractor's Waiver of Employer's Immunity under Title 51 RCW. Contractor intends that its indemnification, defense, and hold harmless obligations set forth above in section 10.1 shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the Contractor's indemnification, defense, and hold harmless obligations set forth above in section 10.1, Contractor specifically waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the Contractor against the County and its officers, employees, agents, and volunteers. The parties have mutually negotiated this waiver. Contractor shall similarly require that its subcontractors, and anyone directly or indirectly employed or hired by Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of this Agreement to comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought their respective employees. The provisions of this section shall survive the expiration or termination of this Agreement. 5. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Page 19 of 35 Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. P. SITE AND SPECIFICATION EXAMINATION 1. The submission of a RFP shall be conclusive evidence that a proposer has made sufficient examination of the specifications and contract documents and has thoroughly investigated and is satisfied as to the existing conditions to be encountered at the project site; the character, quantity, quality and scope of work; the quantities and qualities of materials to be supplied and equipment and labor to be used, and the requirements of the Contract and proposal submitted, including all addenda for performance of the work. 2. The proposer must be familiar with all state, federal and local laws, ordinances and regulations which in any manner might affect those engaged or employed in the work, the materials, equipment or procedures used in the work, or which in any other way would affect the conduct of the work. They are assumed to be familiar with such laws and regulations, and no plea of misunderstanding or ignorance of the law will be considered. 3. The proposer must determine, from careful examination, the methods, materials, labor and equipment required to perform the work in full and shall reflect the same in his RFP price. tf, in the performance of the work, additional materials, labor or equipment are required beyond those anticipated by the proposer, they will not be entitled to additional compensation except as may be provided for elsewhere in these specifications. Q. PERMITS AND LICENSES 1 . Procurement of a City Business License. The successful vendor must procure a City of Yakima Business License and pay all charges, fees, and taxes associated with said license. 2 Licenses - If applicable, successful vendor shall have a valid and current business license per Chapter 5 02 Section 5 02 010 of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained prior to the award of any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration, telephone (509) 575 -6121. In addition, Contractors are required to be registered by the State per Chapter 18.27 of the Revised Code of Washington and their registration.number must be listed on the bid /quote. 3. Permits - The vendor shall procure and pay for all permits and licenses necessary for the completion of the Contract, including those permits required by the City of Yakima. In the event a necessary permit is not obtained, the Vendor will not be permitted to work on items subject to said permit and any delays caused thereby will not be subject to extra compensation or extension. 4. Washington Contractor's Registration. Proposers must have a valid Washington State Contractor's License at the time of opening of the RFP's. R. AWARD OF CONTRACT The City of Yakima reserves the right to reject any or all RFP's or accept any presented which meet or exceed these specifications, and which would be in the best interest of the City and will not necessarily be bound to accept the low RFP. Page 20 of 35 1. The award of the Contract will be made within sixty (60) days after the opening of the proposals. 2. Company experience level and qualifications of subcontractor or agent designated to complete the requirements is important and will be considered in the evaluation of the RFP. The enclosed Contractor Qualification Statement must be completed and enclosed with the RFP to be considered for award. Nonconformance may result in rejection of RFP as nonresponsive. S. PUBLIC DISCLOSURE Proposals shall become the property of the City. All proposals shall be deemed a public record as defined in RCW 42.56 "Public Records." Any proposal containing language which copyrights the proposal, declares the entire proposal to be confidential, declares that the document is the • exclusive property of the Vendor, or is any way contrary to state public disclosure laws or this RFP will be declared non responsive and removed from consideration. Any information in the proposal that the successful Vendor desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56 must be clearly designated as described in Section Proprietary Information. The particular exception from disclosure upon which the Vendor is _ making the claim and the RFP page it is found on must be identified. RFP's will not be disclosed prior to release to potential respondents. With the exception of lists of prospective Vendors, the City will not disclose RFP records until execution of the contract(s). At that time, all information about the competitive procurement will be available with the exception of: Proprietary /confidential portion(s) of the successful proposal(s), until the Vendor has an adequate opportunity to seek a court order preventing disclosure. The City will consider a Vendor's request for exemption from disclosure; however, the City will make a decision predicated upon RCW 42.56. T. ASSIGNMENT This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Contractor to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Contractor as stated herein. U. TERMINATION - CAUSE The City reserves the right to terminate this contract at any time, upon written notice, in the event that the services of the Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this agreement. In addition to the foregoing right of termination, the City may terminate this contract, with or without cause, upon thirty (30) days written notice to Contractor. V. PROTEST PROCEDURE Any protest must be made in writing, signed by the protestor, and state that the vendor is submitting a formal protest. The protest shall be filed with the City of Yakima's Purchasing Manager at 129 No. 2nd St., Yakima, WA 98901, faxed to 509 -576 -6394 or emailed to sownby @ci.yakima.wa.us. The protest shall clearly state the specific factual and legal ground(s) for the protest, and a description of the relief or corrective action being requested. Page 21 of 35 Protests before award shall be filed five (5) days before the solicitation due date, and protests after the award shall be filed five (5) days after Award Announcement (see below for details). The following steps shall be taken in an attempt to resolve the protest with the vendor: Step I Purchasing Manager and Division Manager of solicitation try resolving matter with protester. AU available facts will be considered and the City Purchasing Manager shall issue a decision This decision shall be delivered in writing to the protesting vendor. Step II If unresolved, within three (3) business days after receipt, the protest may be appealed to the Department I -lead by the Purchasing Manager. Step III If still unresolved, within three (3) business days after receipt, the protest may be appealed to the City Manager (or his designee). The City Manager shall make a determination in writing to the vendor. Grounds for Protest Only protests stipulating an issue of fact concerning the following subjects shall be considered. A matter of bias, discrimination, conflict of interest; Solicitation unduly constrains competition or contains inadequate or improper criteria; Errors in computing score, Non - compliance with procedures described in the solicitation or City Policy. Protest Determination Each review and determination of the protest shall issue a decision that either: Finds the protest lacking in merit and upholds the award; or Finds only technical or harmless errors in the acquisition process and determines the City to be in substantial compliance and therefore reject the protest; or Finds merit in the protest and provides options for correction, including, but not limited to, correcting the errors and re- evaluating the bids, reissuing the bid to begin a new process, or entering in to a contract that remedies the protest finding; or Makes, other findings and (teterrnines other courses of action as appropriate. rime{ tame Only protests and complaints received within the required timeframe for protest action are accepted for consideration. Award Announcement Purchasing shall announce the successful bidder via City Website, e -mail, fax, regular mail, or by any other appropriate means Once the announcement is released by Purchasing, the protest time frame begins. The timeframe is not based upon when the vendor received the information, but rather when the announcement is issued by Purchasing. Though every effort will by made by Purchasing to distribute the announcement to the interested vendors, Purchasing is not responsible to assure that vendors receive the announcement. It is the responsibility of the vendors to obtain the announcement from Purchasing. Award Regardless of Protest When a written protest against making an award is received, the award shall not be made until the matter is resolved, unless the City determines that one of the following applies: The supplies or services to be contracted for are urgently required; Delivery or performance will be unduly delayed by failure to make award promptly; A prompt award will otherwise be advantageous to the City. Page 22 of 35 If the award is made, the file must be documented to explain the basis for the award. Written notice of the decision to proceed shall be sent to the protester and others who may be concerned. The City retains the right to enter into any contract and nothing herein shall be construed to limit that authority in any manner. • Page 23 of 35 III. EVALUATION AND AWARD OF CONTRACT A. EVALUATION PROCEDUiRE An evaluation team will he selected by the City of Yakima to review each responsive proposal. Each proposer will be rated on a point system with the top - scoring proposer selected. B. EVALUATION CRITERIA A maximum score of 170 points will be used to evaluate proposers. Each of the following elements shall have the stated maximum point value. 1. Ouali fication and Experience 45 Points a. Experience in providing similar safety, cleaning and landscape 20 Points ambassador services h Experience and qualifications of the Supervisor and staffing plan 15 Points c Knowledge of City of Yakima service area and familiarity with 5 Points local operating conditions d. References from prior contracts in security /janitorial business and 5 Points related experience. 2. Project Understandipi 20 Points a Understanding of scope of work demonstrated by completeness of 20 Points submitted responses, verification of information provided, and submission of all requested documentation 3. Financial Stability 20 Points a. Review of firm's condition based on credible financial information 10 Points provided I b Ability io operate service and maintain cash flow 10 Points 1. Technical Ability 25 Points a. Ability and plan to operate in accordance with Scope of Work 5 Points c. Ambassador qualifications 5 Points d Ambassador training program 5 Points e. Procedures for maintaining equipment 5 Points Page 24 of 35 h. Radio Communications and Procedures 5 Points 5 - Facilities 5 Points b. Facility capacity to operate equipment and availability of space for 5 Points duration of contract 7: Cost 55 Points a. Schedule I — Cleaning Maintenance 25 Points b. Schedule H — Landscape Maintenance 20 Points c. Schedule III — Safety Ambassadors 5 Points c. Schedule IN — Additional work 5 Points TO TAL POINTS POSSIBLE ' - - 170 C. AWARD The City reserves the right to award the contract to the proposer that it deems to offer the best overall proposal in its sole discretion. The City is therefore not bound to accept a proposal on the basis of lowest price, and further, the City has the sole discretion and reserves the right to cancel this RFP and to reject any and all proposals, to waive any and all informalities and or irregularities, or to re- advertise with either the identical or revised specifications, if it is deemed to be in the best interests of the City. D. RE -AWARD When the contract is terminated by the vendor upon 30 days notice as herein provided, the City, pursuant to City ordinance, may re -award the contract to the next most responsible bidder. When a vendor is unable to supply goods and/or services to the City and is in breach of the contract, or when the contract is terminated by the City for cause as herein provided, the City reserves the right to re -award the contract to the next most responsible bidder. E. DELAY OF AN AWARD If, after bid/quote opening, administration problems threaten to delay award beyond the bidder's acceptance period, bidders shall be requested to extend the bid/quote acceptance period. This request must be made and confirmed in writing prior to the expiration date of their bids /quotes (with consent of sureties, if any) to avoid the need to re- advertise. Page 25 of 35 F. FINAL CONTRACT LANGUAGE The City reserves the right to introduce additional terms and conditions at the time the final contract is negotiated. Any additional terms or conditions would be limited to ones having the effect of clarifying the RFP, correcting defects, and implementing the final schedule or combination of schedules selected by the City. G. PAYMENT Vendor is to submit properly completed invoice(s) to the City of Yakima Finance Department, 129 N 2nd Street, Yakima, Washington, 98901. Payment will be mailed within thirty (30) days after receipt of properly completed invoice (including intents and affidavits filed with LNI). H. CHANGE ORDERS Change Orders for material or services will be without effect unless issued and authorized in writing by the Purchasing Manager. I. TAXES The City will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The City is exempt from Federal Excise Tax. Where applicable, the City shall furnish a Federal Excise Tax Exemption certificate. J. NON - DISCRIMINATION During the performance of this Agreement, Contractor shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of race, color, sex, religion, national origin, creed, age, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. K. THE AMERICANS WITH DISABILITIES ACT With regard to the services to be performed pursuant to this Agreement, Contractor agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations, and Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. L. SEVERABILITY If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. Page 26 of 35 M. WAIVER Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. N. ENTIRE AGREEMENT This written contract represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understanding between the parties. O. VENUE In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the Agreement, the venue of such action of litigation shall be in the Courts of the State of Washington in and for the City of Yakima. This Agreement shall be governed by the laws of the State of Washington. P. DEFENSE AND INDEMNITY AGREEMENT The vendor agrees to defend, indemnify and save harmless the City, its appointed and elective officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the City, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting there from, sustained by any person or persons and on account to damage to property including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Vendor, his /her subcontractors, it successor or assigns, or its or their agent, servants, or employees, The City, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the City, its appointed or elected officials or employees. It is further provided that no liability shall attach to the City by reason of entering into this contract, except as expressly provided herein. Q. COOPERATIVE PURCHASING The Washington State Interlocal Cooperative Act RCW 39.34 provides that other governmental agencies may purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein if all parties agree. The City does not accept any responsibility or involvement in the purchase orders or contracts issued by other public agencies. R. FORCE MAJEURE Vendor will not be responsible for delays in delivery due to acts of God, fire, Strikes, epidemics, war, riot, delay in transportation or railcar transport shortages, provided vendor notifies the Purchasing Manager immediately in writing of such pending or actual delay. Normally, in the event or any such delays (acts or God, etc.) the date of delivery will be extended for a period equal to the time lost due to the reason for delay. Page 27 of 35 S. WASTE MATERIALS Al] garbage and litter must be disposed of by the Contractor into approved refuse containers on site to be provided by City. The Contractor must immediately clean up any spilled material from buildings, pathways, etc. T. MANUFACTURER'S INSTRUCTIONS All materials shall be applied, installed, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise specifically provided in the contract documents. U. PUBLIC CONVENIENCE AND SAFETY 1. The Contractor must so conduct operations as to offer the Ieast possible obstruction and inconvenience to the public. 2. If the contractor sees potential public safety hazards while performing his /her duties, the contractor is required to notify the City immediately and rope off and or secure the hazardous area. IIV. SPECIAL INSTRUCTIONS: A. PERSONNEL QUALIFICATIONS The City requires the contractor to provide to the City prospective employees of sufficient quality so as to meet the demanding nature of downtown work. Normal security and janitorial industry standards will not apply in this account. Approaching this Downtown as if it were a typical security or janitorial account would be insufficient and will undoubtedly undercut the contractor's proposal. Contractor will be required to he diligent in finding persons qualified to handle and thrive in the work environment in the Downtown. The City will have final approval as to whether or not a prospective employee of the contractor is suitable for placement in the Downtown. This right to veto or cancel shall also apply to contractor's selection and appointment of supervisors and managers. Ambassadors will conduct their operations within the boundaries of the Downtown on bicycle or foot. The determination as to mobility rests with the Contractor in consultation with the City and the Advisory Committee Contractor employees must be capable of pedaling a police style mountain bicycle and sustaining the effort for a complete shift. There is no motorized assist with these bicycles. Foot patrolling officer must also meet a minimum level of fitness in order to make their rounds and be able to withstand the rigors of an 8 -hour day spent on their feet. Cleaning Ambassadors will be on foot 8 hours a day in all types of weather and must be able to handle light equipment and landscaping. The personnel provided by the contractor shall: 1. Be personable and capable of interfacing with the public and making good judgments in public relations situations. Communicate clearly with downtown workers, visitors and downtown clients. 2. Have been tested and determined drug free at a minimum of 30 days prior to assignment to the contract. Page 28 of 35 3. Have demonstrated acceptable personal character, credit and prior work history in a background check conducted by the Contractor. 4. Be able to perform duties requiring physical exertion, such as standing, walking, or riding a bicycle the entire shift; lifting and carrying objects weighing up to 50 pounds and climbing stairs. 5. Conduct interviews of persons and witnesses 6. Write basic reports that document safety officer actions 7. Respond to specific plans and directions that are tied to crime reduction plans adopted by the City and the Advisory Committee. 8. Work closely and professionally with police, dept. of transportation, fire dept. and other city agencies. 9. Identify persons for the presence of mental illness or drug abuse and arrange for the appropriate response from nearby service providers. 10. Be able to use a 2 -way radio and basic computer word processing programs for report writing (Security Ambassadors) 11. Operate a motor vehicle as directed 12. Work in small teams on rotating shifts that include the "graveyard" hours. 13. Be sensitive to "quality of life" conditions such as graffiti, trash, human waste and other detritus that litter and arrange for appropriate action to be taken. 14. Posses a clear drivers license 15. Vendor must use an automated time keeping system in this contract. The system must be a computerized program that doesn't require the time consuming process of manual inputting of time card information into a payroll system. This system must be simple enough to use that multiple people can be trained in the use of the program. Safety Ambassadors must be capable of learning basic police patrol style skills. Ambassadors are trained to be the eyes and ears of the police department. Our goal is to be visible, mobile and responsive. We do not actively respond to felony police calls;. however, we may from time to time find ourselves assisting the local police with a felony crime scene investigation. We expect Ambassadors to understand the basic philosophy of community based policing and the "broken windows" theory of crime. We want our contract officers to be able to conduct small -scale misdemeanor investigations. The City will be advised and offer consent without undue interference to the hiring, termination and promotion of all Ambassadors, including all supervisory and management positions. The Contractor's personnel shall conduct themselves on site in a professional manner at all times. B. WORK INSPECTION The Advisory Committee will inspect work performed by the Contractor on a regular basis. In the event of work performance deficiencies, City or Advisory members will appropriately notify the Contractor. Notification may be verbal or written. If the City is required to correct any performance deficiencies, the City will deduct from the Contractor's billing the costs associated with the work performed. C. DAMAGE REPORTING Report any damage, or potential hazard, involving public or private property, immediately to the City. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect park visitors from injury. It is the Contractor's responsibility to provide close supervision of maintenance operations and management of the site. Page 29 of 35 D. INCIDENTS, ALTERCATIONS OR ACCIDENTS Incidents, altercations or accidents involving the public, Contractor's employees or City employees shall be reported to the City immediately. E. NEGLIGENCE Any damage to public or private property or plant material due to Contractor negligence will be repaired by the Contractor, at his or her expense, in a timely manner. F. STORAGE The contractor will arrange for storage of materials and equipment. G. IDENTIFICATION Contractor shall provide an identification system for personnel assigned to site that clearly indicates to the name of the Contractor responsible for services as well as the name of the individual employee. The identification system shall be furnished at the Contractor's expense. H. PHYSICAL CHECK Contractor will make a physical check once a week of the areas that its employees are maintaining to ensure that the aforementioned services are being performed in a proper manner. Page 30 of 35 Personnel Inventory Form * To Accompany Bid Proposal * Firm Name: Contact: Address: Phone Number: City: State: Zip: Type of Service Provided: Are you a certified DBE or WMBE ?: YES NO . If yes, what is your certification number? Contractor's Entire Work Force - if you need additional space, photo copy this section and attach it to this form. Total Employed Total African Asian or Native Hispanic or Apprentice Occupation Minorities American Pacific American Latino Trainee Islander M F M F M F M F M F M F M F Officers Foremen Clerical Totals: Goals for minorities and women employees in the contractor's and subcontractor's workforce are 10% combined. Contractors and subcontractors do not have to fire or lay off employees to meet these goals, however, if new employees are hired, it shall be an obligation to make a good faith effort to hire qualified minorities and women. Page 31 of 35 ATTACHMENT "A" SAMPLE SAFETY, CLEANING AND MAINTENANCE AGREEMENT DOWNTOWN YAK/MA WASHINGTON THIS MAINTENANCE AGREEMENT, hereinafter "Agreement ", is made and entered into by and between the City of Yakima (a Washington State municipal corporation, hereinafter the "City "), and (hereinafter "Contractor "). WHEREAS, the City requires certain Security, Cleaning, and Landscape Maintenance services for the downtown area; and WHEREAS, Contractor has experience and expertise regarding said services, and agrees to perform these services for the City under the terms an conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual Covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the City and the Contractor as follows: 1. Services. The Contractor shall provide services for Downtown Yakima in accordance with and as described rn RFP No 11203P, which is attached hereto and incorporated herein by this reference). 2. A ss i rrti:e.nt. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the Contractor to any other person or entity without the prior written consent of the City.. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of Contractor as stated herein 3. Contract Documents. The City of Yakima RFP No. 11203P. the Contractor's response (to the extent consistent with the City's documents), and any addenda issued are hereby incorporated herein by this reference. 4. integration. This written document, inclusive of the contract documents listed above, constitutes the entire agreement between the parties. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 5. NonDiscrimination During the performance of this contract, the contractor agrees as follows: A The contractor or subcontractor shall not discriminate on the basis 'of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT assisted contracts Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Page 32 of 35 6. Termination — Convenience. This contract may be terminated by either party by giving thirty (30) days written notice of such intent and will become effective thirty (30) days from the date such written notice is delivered to the applicable party to the contract. 7. Termination — Cause. The City reserves the right to terminate this contract at any time, upon written notice, in the event that the services of the Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions contained in this agreement:" In addition to the foregoing right of termination, the City may terminate this contract, with or, without cause, upon thirty (30) days written notice to Contractor. 8. Defense and Indemnity Agreement The vendor agrees to defend, indemnify and save harmless the City, its appointed and elective officers and employees, from and against all loss or' :expense, including but not limited to judgements, settlements, attorney's fees and costs by reason of any and all claims and demands upon the City, its elected or appointed officials' or employees for , damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account to damage to property including loss of use thereof whether such injury to persons or damage to property is due: to the negligence of the Vendor, his/her subcontractors, it successor or assigns, or its or their agent,. servants; or employees, The City, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the City, its appointed or elected officials or employees. It is further provided that no liability -shall attach to the. City by reason of entering into this contract, except as expressly provided herein: 9. Severability" If any term or condition of this contract or ` the application thereof to any person(s) or circumstances is heldd invalid; such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 10. Survival: Ariy of this Agreement that imposes an obligation after termination or expiration of'th'is Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 11. Governing Lavw This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 12. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. City of YAKIMA CONTRACTOR By: By: City Manager Date: Date: Page 33 of 35 AT'T'ACHEMEND' B PAY SCHEDULE AND BUDGET Safety Ambassador Cleaning & Landscaping Supervisor _ Ambassador Pay Rate /Per Hour 1____ FICA Workers Comp . Liability Unemployment Overhead Benefits 'rol ;t Bill Rate Weekly Hrs -- -- — — — Annual I-lrs Annual Cost Total Cost to — -- — — rogram• Questions to Billing Rates, Section II. H — include answers on this form. Staffing Plan: Overtime Rate &_ Billing Rate: Please use this space to provide detail description and costs for the Overhead column. 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N51 ' \ \ �.` \ ' !' \ \ \ -� \ . ------ \ 5 ' T. Q I r 1 I ':_- �i-1 — IH `` J I ' " T \ ' \- = °-� 1T, \\ , \ , \ \ " . RESOLUTION NO. R -2012- A RESOLUTION authorizing the City Manager of the City of Yakima to execute all applicable contracts to engage Block by Block for Parking Management and Enforcement Services. WHEREAS, the City of Yakima requires a contract for Parking Management and Enforcement Services in the Public Parking Lots; WHEREAS, the City of Yakima has sufficient parking revenues for the identified services; WHEREAS, the Purchasing Division advertised a Request for Proposals (11203 P), which were due on April 8, 2012; WHEREAS, parking management and enforcement is an included task (C -6); WHEREAS, Proposal Packets were received from the following five (5) contractors; AAA Champion LLC Service Group Inc Block by Block Senske Lawn and Tree Care Committee for Downtown Yakima WHEREAS, an Evaluation Process was completed and it is recommended by the Evaluation Committee that the City proceed with a contract award to Block by Block; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute all applicable contracts to hire Block by Block for Parking Management and Enforcement Services. A copy of the Memorandum of Recommendation with Exhibit "B" is attached hereto and by reference made a part hereof, now, therefore, ADOPTED BY THE CITY COUNCIL this day of June, 2012. ATTEST: Micah Cawley, Mayor City Clerk II Exhibit "B" MEMORANDUM • ^.� Yom Date May 9, 2012 To Michael A. Morales, Interim City Manager PFCE!V I From. Colleen Bailey, Buyer I - Purchasing MAY 1 0 201Z Subject RFP 11203 -P Safety Ambassador, Cleaning, and Landscape Ma fAS$NG DIV. Services We are pleased to announce the proposal and evaluation process for selecting a vendor to provide Safety Ambassador, Cleaning, and Landscape Maintenance Services is complete. On April 8, 2012, Requests for Proposals were accepted from interested parties to provide the City with these services. Purchasing reviewed the Proposals for responsiveness to the RFP Reference checks were done. The proposal was then subjected to a scoring matrix, where they were judged in six different areas, worth a total of 170 points There were five voting committee members, for a total of 850 points possible. The Committee met on May 8, 2012 to finalize the scores and their decision of vendor. Proposals were received from the following AAA Champion LLC Senske Lawn and Tree Care Block by Block Service Group Inc Committee for Downtown Yakima An evaluation committee was formed with the followmg individuals: Verlynn Best, President, Chamber of Commerce Mike Broadhead, President, Yakima Valley Bank Dave Brown, Water /Irrigation Manager, City of Yakima Greg Lybeck, Central WA State Fair Jeff Louman, PE President, Huibregtse Louman Associates Inc The committee members chose Block by Block (775 points, 155 average points) as the top scoring proposer, best meeting the requirements of the RFP. The committee is pleased to recommend Block by Block as the selected vendor. Please approve this Recommendation of Award, as outlined above for these services. tyro UGaili 5 c?►I� is Waarvick, Public Works Director Da e iD Michael A. Morales, Interim City Manager at CITY OF YAKIMA AND BLOCK BY BLOCK PARKING MANAGEMENT AGREEMENT THIS AGREEMENT is made between the CITY OF YAKIMA, WASHINGTON, a municipal corporation of the State of Washington, as "City" and Mydatt Services Inc. d.b.a. Block by Block ( "BBB ") as "Contractor ". In consideration of these mutual terms and conditions, the parties covenant and agree as follows: WHEREAS, the City is the owner and operator of parking facilities, located in the downtown business core area of the City of Yakima, Washington; WHEREAS, it is essential that the parking facilities and equipment are maintained and properly managed for the benefit of the public; WHEREAS, the City Council has appointed a Parking Commission pursuant to YMC 9.49 and the Parking Commission has made numerous recommendations including contracting for the operation and management of the City's downtown public parking facilities; WHEREAS, the City Purchasing Department conducted a Request for Proposals and in response to RFP 11203P where Parking Management was an included task (C -6); and, WHEREAS, the City utilizes a "user pay" parking system to provide stable financing for the operation, management and replacement/reserve fund for its downtown parking; NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed by and between the City and the Contractor as follows 1. Engagement of Contractor. The City hereby engages the Contractor to manage and operate the off street parking described in Section 2 below and the Contractor agrees to provide such management strictly in accordance with the terms and conditions of this Agreement. A. Hours of Operation. The Contractor shall keep and maintain the parking facilities in operation and open for public service on the following schedule. 1) The contractor recognizes that Lots 1, 2, 4 and 5: are in operation from 6 a.m. to 7 p.m., Monday through Friday, except holidays. B. Change in Operation Hours. The City, at its discretion, may change the operation hours, either adding or deleting hours. The City will give a 30 -day written notification of any changes in operating hours. C. The only compensation provided to the Contractor is that specifically provided for in the terms set forth in this Agreement and the City is not obligated in any way to provide additional funding to the Contractor except as set forth herein. 2. Parking Facilities Described. The existing parking facilities addressed under this agreement are described in "parking facilities ", marked Exhibit "1", attached and incorporated by this reference. A. Additional Structures and Area. The City reserves the right, in the exercise of its sole discretion, to add additional parking facilities, to construct parking structures, to change the existing parking facilities to accommodate parking requirements of the City or to withdraw any Page 1 of 15 City of Yakima and Block by Block Downtown Parking Management Agreement part or all of the parking area hereafter made available. Any addition to or deletion from the present City parking facilities shall be the basis for the parties' cooperative re- negotiation of the parking compensation, B. Modifications. The City shall have the right at all times during the term of this Agreement to revise automobile parking spaces, to change or rearrange entrances and exits and to use (temporarily or permanently) such portions thereof as the City determines are necessary for the making of improvements and repairs to the parking facilities and for the installation of improvements as well as access for the operation and maintenance of the area or the parking facilities. 3. Scope of Services A. Administration and Manaaernent of Downtown Parking Facilities Contractor is responsible for and shall carry out these duties 1) Exercise the authority for the administration and management of the City's downtown parking facilities as granted by the City in this Agreement; 2) Monitor the condition of the City's downtown parking facilities; 3) Check for compliance with the parking regulations for the City's downtown parking facilities as provided in the parking regulations marked Exhibit "2," attached and incorporated by this reference, 4) Identify vehicles that fail to display either • the appropriate parking pass issued by the parking meter, or • a monthly or quarterly parking pass 5) Issue parking infraction notices for violators as provided in the parking regulations in Exhibit "2" using parking infraction forms designed and provided by the City while submitting the completed forms to the City within twenty -four (24) hours of issuance; and 6) Retrieval of coin safes from the parking facilities meter boxes and regularly submitting these coin safes to the City. B. Maintenance and Landscaping of Downtown Parking Facilities Contractor is to provide for the maintenance and landscaping of the downtown parking facilities. Their duties shall include the following 1) Sweep, clean and remove any litter, debris, chewing gum or other inappropriate material from the downtown parking facilities on a regular schedule, 2) Monitor downtown parking facilities for structural flaws that threaten either the public's safety or the proper operation of the parking facilities, including but hot limited to, pot holes, damaged street lamps or worn or unclear parking /pavement lines and correcting any such structural flaws, 3) Monitor downtown parking facilities for compliance with the Americans with Disabilities Act (ADA) and confer with the City on necessary alterations to the facilities as required to ensure the City's compliance with ADA requirements, 4) Maintain attractive landscaping in and around the downtown parking facilities, including planting and watering, and 5) Removal of snow and /or any other material that interferes with the safe operation of the parking facilities. This shall include removal of snow every weekday, every Page 2 of 15 City of Yakima and Block by Block Downtown Parking Management Agreement weekend and every holiday, extending to the entrances and sidewalks for the parking facilities. The snow removal requirement is triggered when three (3) inches of snow has accumulated. C. Delivery of Safety and Security Services at Downtown Parking Facilities. BBB shall monitor and maintain the safety and security of the downtown parking facilities. Their duties shall include the following: 1) Monitoring the downtown facilities for incidents of more serious crime that threatens either the safe operation of the facilities or the security of pedestrians or motorists who use the facilities and reporting such behavior to the Yakima Police Department. The BBB downtown street ambassadors shall carry radios and /or mobile phones by which to contact the Yakima Department. 2) Monitoring the downtown facilities for any other safety or security - related hazards such as the threats of fire, slipping, tripping, chemical spills, etc. and contacting the appropriate agencies to deal with such hazards. D. Continuing Community Education Assistance. BBB may be asked, in addition to customary and normal patron assistance, to engage in more extensive educational outreach on matters of downtown parking. Expenses associated with these efforts will be reasonably reimbursed to BBB following City approval of specified tasks. 4. Term. Subject to rights of termination as hereafter provided, the term of this Agreement is for one (1) year from its effective date. The City may, at its option, extend the contract on a year to year basis for up to four (4) additional years provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving sixty (60) days notice in writing to the other party of its intention to cancel, as specified in Paragraph 38 of this Agreement. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain firm for the first twelve month period of the contract unless an exception is stated in the bid. 5. Parking Control Equipment. A. Maintenance. The City's Parking Control and Revenue Equipment shall be maintained by the Contractor as necessary to maintain consistent daily operation of the parking facilities in accordance with Section 11 below. The Contractor is required to coordinate preventive maintenance and service calls with the Equipment Vendor's preventive maintenance and service contract. The City will be responsible for the cost of maintenance contracts relation to Revenue Equipment. B. Training. The Contractor will establish training for all employees working under this agreement, said training to be provided by the Equipment Vendor on all skills necessary for daily operation and maintenance of the parking facilities. 6. Consideration, Management and Operations Fee. For the services performed by the Contractor under this Agreement, the City shall pay the Contractor Six - Thousand Nine Hundred Fifty Six Dollars and eighteen cents ($6,956.18) per quarter (Twenty -Seven Thousand Eight - Hundred Twenty Four Dollars and seventy three cents ($27,824.73) per year) based on quarterly invoices submitted by the Contractor. The invoices shall include: the date of the invoice, the period covered by the invoice, the total number of standard operating hours and extra operating hours for the invoice period and a break down of the hours invoiced by the Page 3 of 15 City of Yakima and Block by Block Downtown Parking Management Agreement Contractor The City shall provide compensation for charges on a reimbursable basis, as opposed to a flat fee, where deemed appropriate by the City. The Contractor maintains the right to pursue re- negotiation of the Agreement as of July 1, 2013 based on revenue and expense history A prorated payment for the initial quarterly payment may be necessary. Any cost incurred by Block by Block in conjunction with the maintenance or ongoing upkeep of the facilities will be directly re- billed to the City at cost with no mark -up. Block by Block will provide copies of receipts for all necessary expenditures. A. Time of Payment. The management and operations fee shall be paid not later than twenty (20) days after receipt of the invoice for the previous quarter and its approval by the City. 7. Default by City. Should City not pay Contractor's invoices within the provided payment schedule then City shall be in default. Contractor shall have the right but not the obligation, to issue notice to City of such default. Should City not cure the default within thirty (30) days of the notice, then Contractor n terminate this Agreement immediately and pursue all remedies towards collecting all outstanding balances. 8. Payment for Excess Parking Infraction Notices. A Collection and Accounting of Parking Fees. The Contractor shall charge and collect from persons utilizing the parking facilities the fees and charges established by the City, as modified from time to time by the City. All parking fees and charges and other moneys received by the Contractor in its operation under this Agreement shall become, immediately upon collection and receipt thereof, the property of the City and shall be accounted for as follows B Enforcement and Collection of Fines. In case of non- payment by a patron for off street parking, the Contractor shall charge and collect a fine as provided by the Ordinance issuing a Parking Infraction Notice Depoits The Contractor shall be responsible for collection and deposit of receipts from the parking facility under this contract as well as the issuance of parking ticket infractions and monthly passes The Contractor shall deliver to the City all monies collected when the machine registers that it is ready The deposit will consist of cash, including ail coins and currency, as well as checks 10. Reporting. The CALE "Back Office" transactional software shall be available to the City and the Contractor equally so periodic audits and reports may be accessed. A. Printed Material The Contractor shall order parking meter supplies and Parking Infraction Notices from a vendor that the City approves in a timely manner so as not to disrupt operations The City shall provide compensation on a reimbursable basis for the material beyond the flat rate provided in Section 6. B. Internal Control. The Contractor shall establish procedures for internal control over the collection, handling and delivery of parking fees and prior to the commencement of this Agreement and shall conduct its work in compliance with those procedures unless or until. directed otherwise by the City. The City's approval of the Contractor's internal control procedures, however, shall not in any way relieve or discharge the Contractor of its sole and full responsibility for collecting parking fees and charges pursuant to this Agreement and fully accounting to the City for all such fees and charges Page 4 of 15 City of Yakima and Block by Block Downtown Parking Management Agreement C. Monthly Report. The Contractor shall submit to the City not later than the tenth (10th) day of each month, in a form prescribed by the City, a monthly reconciliation and summary of Parking Infraction Notices. 11. Contractor's Other Obligations. A. Maintenance. The Contractor shall maintain in good condition and repair, as determined by the City, the parking facilities and buildings, paving, drainage and boundary fencing and manage the snow plowing and pedestrian safety measures; B. Damage By Patrons. The Contractor shall be responsible for identifying and reporting to the City all damage to the parking facilities caused by patrons; and C. Signs. The Contractor shall design, provide and maintain all parking facility signs, including fee display signs. The Contractor may request City assistance in fabrication of such signs and the City shall provide reimbursement to the Contractor for the signs beyond the flat rate provided in Section 6. 12. City Obligations. In connection with the operation of the parking facilities, the City shall have the following obligations: A. Parking facilities. The City shall provide the parking facilities, designed and improved in a manner determined by the City as necessary and appropriate for automobile parking requirements, including signage, overhead lighting fixtures and lamps. B. Equipment. Any parking revenue control equipment in addition to the Parking Revenue Control Equipment that is necessary or required, as determined by the City, for operation of the Parking Facility, shall be compatible with the Parking Control Equipment and, unless otherwise agreed between the City and the Contractor, shall be acquired and installed by the City. Upon installation of any such additional equipment, the same shall be considered a part of the Parking Control Equipment. C. Electricity. The City shall pay for all electricity for the lighting of the parking facilities. 13. Quality of Service. The Contractor shall manage the parking facilities with a high degree of professionalism and operating standards and shall at all times during the term of this Agreement strictly comply with the following requirements: A. Administrator. The Contractor shall identify, subject to the City's approval, the administrator of operations under this Agreement who shall have full authority to act for and on behalf of the Contractor. The administrator shall be reasonably available during regular business hours. At all times during the administrator's absence, a designated subordinate remain in charge and available at a duty station. B. Attire. The Contractor shall provide, at its own expense, suitable uniforms for attendants and staff. All personnel except the administrator shall wear the appropriate, recognizable attire and maintain them in a neat, orderly and clean condition. C. Personnel. The Contractor acknowledges the high degree of importance the City places on the public interest served by the operations and the need for exemplary service. The Contractor's attendants and other personnel performing services under this Agreement shall at all times be neat, clean, courteous and attired with at minimum, a standard company jacket, shirt or blouse, and name tag at the expense of the Contractor. The Contractor Page 5 of 15 City of Yakima and Block by Block Downtown Parking Management Agreement shall not permit its employees or agents to conduct themselves in a loud, noisy, boisterous, offensive, objectionable or disrespectful manner. It is the City's intent that all personnel provided by the Contractor are experienced and qualified to perform their duties in a first class manner. Upon objection from the City concerning the conduct, demeanor or appearance of any of the Contractor's employees or agents, the Contractor shall forthwith take all steps necessary to cure the cause of the objection Any individual issuing parking violations in accord with this Agreement shall be required to obtain a Limited Commission from the Yakima Police Department to do so as provided in the Yakima Municipal Code D Sufficient Staff The Contractor shall provide sufficient personnel necessary to maintain efficient and excellent quality of service to the public during the term of this Agreement as provided in Section 3. 14. Contractor's Maintenance Obligations. During the term of Agreement, the Contractor shall, at its own expense, be responsible for the following A. Cleaning All equipment and materials used by the Contractor in its operations under this Agreement shall at all times be clean, sanitary, and free from rubbish, trash, refuse, debris, dust, dirt and offensive or unclean materials The Contractor shall clean the equipment and provide a debris pickup at least daily and at such other times as may be necessary to keep the same in a clean and presentable condition. B Trash Disposal The Contractor shall dispose of all trash, garbage and other refuse resulting from the use and operation of the parking facilities. The Contractor shall use suitable covered receptacles for all garbage, trash and other refuse on or in connection with the parking facilities. The Contractor shall not permit the piling of boxes, cartons or other similar items in an unsightly or unsafe mariner in any location. Broken glass, bottles, cans, spilled foodstuffs and any material that may create a hazard upon the surface or structure entrance /exit ramps which may be unsightly or objectionable shall be quickly removed. C Inspections The Contractor shall cause inspections to be made of the parking facilities not less than twice daily Written reports of the results of such inspection shall be kept by the Contractor for at least 30 days and made available to the City for inspection and review at all times. D Maintenance of Contractor's Equipment. The Contractor shall at all times maintain all equipment supplied by the Contractor in good condition and repair and in good working order. E Maintenance of Parking Control Equipment. The Contractor shall at all times maintain the Parking Control Equipment in good condition and repair and in good working order for normal daily operation. The Contractor shall maintain an equipment maintenance log in a form prescribed by the City for recording the use and reliability of the Parking Control Equipment. 15. Prohibition on Unrelated Act. The Contractor shall not engage in or permit any of its employees, agents or contractors to be engaged in any activity other than specified or permitted under this Agreement, without prior written approval from the City. Page 6 of 15 City of Yakima and Block by Block Downtown Parking Management Agreement 16. Inspection and Audit. The Contractor shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable and consideration paid under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required by this Agreement shall be subject to inspection and audit by representatives of the City and /or the Washington State Auditor at all reasonable times, and upon reasonable prior written notice to Contractor, and the Contractor shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and /or the Washington State Auditor at City's sole expense, where necessary to conduct or document an audit. The Contractor shall preserve and make available all such books of account and records for a period of ten (10) years after final payment under this Agreement. The Contractor shall, with respect to its operations under this Agreement, keep and maintain in accordance with generally accepted accounting principles and procedures, complete, accurate and customary records and books of account and will keep and maintain such other records as may be reasonably required from time to time by the City. A. Parking Infraction Notice Complaints. The Contractor shall, with respect to its operations under this Agreement, keep and maintain complete, accurate and customary records of all public complaints and their resolution concerning Parking Infraction Notices and will keep and maintain such other records as are reasonably required from time to time by the City. The Contractor shall specifically maintain a copy of all Parking Infraction Notices with such Notices marked in a consistent, numerical order with delivery of all original Parking Infraction Notices to the City the same day they are issued. 17. Taxes and Assessments. The Contractor shall be solely responsible for compensating his employees, agents and /or sub - Contractors and for paying all related taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City are assessed a tax or assessment as a result of this Agreement, the Contractor shall pay the same before it becomes due. 18. Nondiscrimination Provision. During the performance of this Agreement, Contractor shall not discriminate in violation of any applicable federal, state and /or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. 19. The Americans with Disabilities Act. The Contractor shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. 20. No Conflict of Interest. The Contractor covenants that neither he nor his employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would Page 7 of 15 City of Yakima and Block by Block Downtown Parking Management Agreement conflict in any manner or degree with the performance of this Agreement. The Contractor further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 21. No Insurance. It is understood the City does not maintain liability insurance for the Contractor and its officers, directors, employees and agents. 22. Indemnification and Hold Harmless. A. The Contractor agrees to protect, indemnify, and hold harmless the City, its agents, employees, elected and appointed officials and authorized volunteers (hereinafter "parties protected ") from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, fines, costs and expenses for, arising out of, or related to any actual or alleged death, injury, damage or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any willful misconduct or negligence of Contractor in connection with the performance under this Contract. The Contractor further agrees that it specifically and expressly waives its immunity under industrial insurance, Title 51 RCW, or immunity under any other provision of law to the extent of the obligations assumed to the parties protected hereunder. Additionally, for clarity, City will defend, indemnify and hold harmless Contractor for any claim for personal injury, death or damage to tangible personal or real property, to the extent caused by the negligence or willful misconduct of the City, its officers, employees, affiliates or agents. In the event the parties are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of the state in which the Project is located without, however, waiving any defenses of the parties under such law. B Contractor hereby affirms that the City and Contractor have specifically negotiated these provisions, as required by ROW 4 24.115, to the extent that it may apply. 23. Defecation of Professional Services. The services provided for herein shall be performed by the Contractor and no person other than associates or employees of the Contractor shall be engaged upon such work or services except upon written approval of the City. 24. Waiver of Breach A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 25. Compliance with Laws, Regulations and Rules. During the term of this Agreement, the Contractor shall at all times observe, comply with and obey the following: A. All applicable rules, regulations, orders and restrictions now in force or hereafter adopted by•the City; Page 8 of 15 City of Yakima and Block by Block Downtown Parking Management Agreement B. All orders, directions, rules, regulations or restrictions. given or imposed by the City with respect to the use of roadways, driveways, curbs, sidewalks, parking areas and public areas adjacent to the. Parking Facility; C. All applicable laws, ordinances, statutes, rules, regulations or orders of Federal, State and local governmental authorities and agencies lawfully exercising authority at or over the City or the Contractor's operations under this Agreement; 26. Towing Responsibility. The Contractor shall notify the City of any abandoned vehicles. The City shall retain responsibility for the removal of abandoned vehicles and /or vehicles obstructing operation of the off and on street parking pursuant to and as defined in Yakima Municipal Code Title 9 (Traffic) and Title 6 (Public Safety). The City shall provide the Contractor with guidance in writing to assist the Contractor in implementing this provision. 27. Insurance. The Contractor shall, without limiting its obligations or liabilities under this Agreement, procure and maintain, at its own expense and cost, the insurance policies listed below. The insurance policies shall be maintained continuously from the date of commencement of the work or services provided under this Agreement until the date that the City certifies in writing completion of the work or services or such further period as may be specified herein. A. Commercial Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Contractor shall provide the City with a certificate of insurance as proof of commercial liability and umbrella liability insurance with a minimum total liability limit of Two Million Dollars ($2,000,000.00) per occurrence /aggregate limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents and employees as additional insureds and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. B. Commercial Automobile Liability Insurance. On or before the date this Agreement is fully executed by the parties, the Contractor shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance with a minimum liability limit of One Million Dollars ($1,000,000.00) per occurrence /aggregate limit bodily injury and property damage. The certificate shall clearly state who the provider is, the amount of coverage, the policy number and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents and employees as additional insureds and shall contain a clause that the insurer will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar days' prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington. C. Insurance Provided by Sub - Contractors. The Contractor shall ensure that all sub - Contractors it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. Page 9 of 15 City of Yakima and Block by Block Downtown Parking Management Agreement D. Worker's Compensation Insurance The Contractor shall provide the City with such further assurances as the City may require from time to time that the Contractor is in compliance with these Worker's Compensation coverage requirements and the Workers' Compensation Law. 28. Assignment Prohibited. This Agreement is personal between the Contractor and the City and was awarded to the Contractor based upon the Contractor's own qualifications and proposal pursuant to bid. Therefore, the Contractor shall not assign, transfer, pledge, surrender or otherwise encumber or dispose of this Agreement or any interest in this Agreement, in whole or in part, or subcontract or permit any other person or persons to assume or carry out any of the Contractor's obligations under this Agreement without the prior written consent of the City. 29. Default The Contractor shall be in default under this Agreement upon the occurrence of any of the following ( "events of default "). A. The Contractor's failure to pay or deposit any sum required under this Agreement when due or to provide daily reports when due, B The Contractor's abandonment of the parking facilities. The Contractor shall be deemed to have abandoned the parking facilities if it ceases or fails to operate the parking facilities, for a period of twenty -four (24) or more consecutive hours, unless such closure 'is regularly scheduled C. The Contractor's failure to perform or observe any other condition, term or covenant contained in this Agreement upon its part to be kept and performed if such failure continues for a period of twenty (20) days after the City has notified the Contractor in writing, specifying the nature of the Contractor's failure of performance. D. The bankruptcy or insolvency of the Contractor, a transfer in fraud of its creditors, an assignment for the benefit of its creditors or an execution issued against any property of the Contractor used in connection with or which is the subject of this Agreement or the appointment of a receiver or trustee for all or substantially all of the Contractor's assets. 30. Limitation. Nothing in this Agreement shall be construed or interpreted in any manner as limiting, relinquishing, or waiving any rights of ownership enjoyed by the City in the parking facilities and Parking Control Equipment, or in any manner limiting, relinquishing or waiving the City's control over the operation and maintenance of the City's property or in derogation of such governmental rights that the City may possess, except as otherwise specifically provided to the contrary by this Agreement. 31. F;eiatiormship Nothing in this Agreement is intended or shall be construed to create or establish the Contractor as anything but an independent contractor. The Contractor shall not be deemed an agent of the City 32. Notices Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY Michael A. Morales Interim City Manager City of Yakima 129 North Second Street Yakima, WA 98901 Page 10 of 15 City of Yakima and Block by Block Downtown Parking Management Agreement TO CONTRACTOR: Blair McBride Vice President Block by Block 2929 Floyd Street Louisville, KY 40209 WITH COPY TO. Legal Dept. Block by Block 7135 Charlotte Park, Ste. 100 Nashville, TN 37209 or to such other addresses as the parties may hereafter designate in writing. Notices and /or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 33. Merger. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all prior negotiations, discussions, agreements and understandings between the parties as to the subject matter therein. There are no terms, conditions or agreements with respect thereto, except as provided herein and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 34. Governing Law And Venue. This Agreement shall be governed by the laws of the State of Washington and any action to enforce the Agreement shall be brought in Yakima County, Washington. 35. Severability. If a court of competent jurisdiction holds any part, term or provision of this Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed modified to conform to such statutory provision. 36. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original Agreement but all of which together shall constitute one and the same instrument. 37. Interpretation. As a further condition of this Agreement, City and the Contractor acknowledge that this Agreement shall be deemed and construed to have been prepared mutually by each party and it shall be expressly agreed that any uncertainty or ambiguity existing therein shall not be construed against any party. 38. Termination. A. Termination for Convenience. Either Party may terminate this Agreement, in whole or in part, with or without cause, at any time by providing sixty (60) calendar days written notice to the other Party. The Contractor shall be compensated in accordance with the terms of this Agreement up to the effective date of termination. Page 11 of 15 City of Yakima and Block by Block Downtown Parking Management Agreement B. Termination for Default. If the Contractor fails to comply with any provision of this Agreement, the City may terminate this Agreement for default with twenty four (24) hours' notice. Termination for default shall be effected by delivering a notice of termination to the Contractor setting forth the manner in which the Contractor is in default. The Contractor will only be compensated for services performed in accordance with the manner of performance set forth in this Agreement subject to setoff for damages caused to the City. If, after termination for default, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City. C. Opportunity to Cure. The City in its sole discretion may, in the case of termination for default, allow the Contractor an appropriate period of time, as determined by City, in which to cure the defect of service In such case, the notice of termination will state the nature of the default, the time period in which cure is permitted, and other appropriate conditions. If the Contractor fails to remedy to the City's satisfaction the default of any of the terms, covenants, or conditions of this Agreement within the stated period of time for remedy, the City may terminate this Agreement without any further obligation to the Contractor. D. VVaiver of Remedies for any Breach In the event the City elects to waive its remedies for any breach by the Contractor of any covenant, term or condition of this Agreement, such waiver by City shall not limit City's legal remedies for any succeeding breach of that or of any other term, covenant, or condition of this Agreement. E. Remedies A termination for convenience or default shall not in any way operate to preclude the City from pursuing all other available legal remedies against the Contractor and its sureties for default or breach of this Agreement. F Contractor's Right to Terminate. The Contractor may terminate this Agreement, in whole, at any time providing sixty (60) calendar days written notice to the City. 39. Third Parties. The City and the Contractor are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons. 40. Drafting of Aye reement. Both the City and the Contractor have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that ambiguities within a contract shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and/or action in which this Agreement and its terms and conditions are interpreted and/or enforced. 41. lrrtenration. This written document and the attachments constitute the entire Agreement between the City and the Contractor. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 42. Survival Any provision of this Agreement that imposes.an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 43. Attorney's Fees. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks Page 12 of 15 City of Yakima and Block by Block Downtown Parking Management Agreement a declaration of any rights or obligations under this agreement, the prevailing party shall be awarded its reasonable attorney fees, and costs and expenses incurred. 44. Force Majeure. Neither party shall be liable for damages to the other party or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by reasons of any circumstance beyond its reasonable control, including but not limited to fire, flood, earthquake, extraordinary weather conditions, acts of war, acts of terrorism, labor disputes, riots, civil disorders, rebellions or revolutions ( "Force Majeure"), that party will be excused from any further performance or observance of the obligations so affected for as long as such circumstances prevail and that party continues to use all commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. CITY OF YAKIMA BLOCK BY BLOCK By: By: Michael A. Morales, Interim City Manager Blair McBride, Block by Block Date: Date: ATTEST: ATTEST: City Clerk City Agreement No. Date: City Resolution No. Page 13 of 15 City of Yakima and Block by Block Downtown Parking Management Agreement EXHIBIT 1 PARKING FACILITIES (Attached) EXHIBIT 2 PARKING REGULATIONS BBB shall exercise the responsibility for compliance with the parking regulations applicable to the downtown parking facilities identified in Exhibit 1 including that all patrons: 1. Obtain a permit for parking in one of the designated facilities; 2. Place the permit on the dashboard of the vehicle; 3. Comply with the provisions of the Yakima Municipal Code including but not limited to: a. certain vehicles prohibited (YMC 9.50.040); b. signs and markings (YMC 9.50.015); c. parking prohibited during certain hours (YMC 9.50.060(A1) and 9.50.060(B1); d. overtime (OT) restrictions (YMC 9.50.070, 9.50.075, 9.50.080, 9.50.090, 9.50.095), e. parking prohibited at all times (YMC 9.50.050); f. parking in a handicapped zone (RCW 46.16.381.10); and g. parking space (RCW 46.61.540.4). .OSt � �df . IIIIMI G . _ - "Pay" Per" "" G � i� � La! 1 - 107 Spaces ' �, ` � - � ASUN 2nd st � iI V - -� Lott P"""" GhestriWS2ndl3rd Strs z Lot 4 -3g Spaces N 1st SUA St Lot 5 -50 Spaces ��`Q(�^/��� -- � Barrel HOUSe S . �\- A (i 11 Free PerNng • Z 6 Lot h -18 Spaces rkin S 2nd St �n Street P ag N Zm No Parking a N Two Hour N 11:(1N‘ � L m III One Hour If Ell 0\1) Pa r k ing Analysis Focus Area i T 0 (I) Z Ss sit i t 0°4°4°1 (\ \II\ * 1....:*-:-- �1101 I '1.5,3° 0 k . . * Z d v N P Rv 111 N o 4( N so Ce Exhibit 1 Attachment I BL .00I(by HOME CONTACT USER LOGIN Search This Site... Q II BLOCK AN SMS HOLDINGS COMPANY SIAV" Downtown Services SAFETY CLEANING Cleaning, Safety, and Friendliness. The building blocks of long -term success in your district. Providing these services to improvement districts goes far beyond just sweeping litter and reporting HOSPITALITY when something happens to the police SOCIAL SERVICE OUTREACH LANDSCAPING Now more than ever these services require a spectrum of expertise: TECHNOLOGY "11 " 1i '41110L\ 'iii 4 t , KA ..: WO P' tFt lell I A, I ; � { . tor ,_ :--------41 ., ._ : _ 3 , , CLEANING . }} -4 ...l � * 4. a r r i :' , , t �_. ti dy _. « s . OUTREACH LANDSCAPING TECHNOLOGY One cornerstone of every Block by Block program is the culture of ownership we work to create in each program This gives our districts notiust a safety staff and a separate cleaning crew, but a single team, with one mission - to do whatever it takes to positively shape the downtown experience through a sense of safety and appearance We learned early on that each city we serve is unique and we invite you to explore the concepts and strategies we employ to create a customized strategy for each district we serve Home I Services I Our Cities I Blog I Testimonials I Contact I Careers I User Login BLACK HOME CONTACT USER LOGIN Search This Site. q 111 BLOCK AN SMS HOLDINGS COMPANY Locations v_w 1. :V PACIFIC MIDWEST GREAT LAKES Select a City 1 M i J t • • III I % ' PROUDLY SERVING 43 PROGRAMS! 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Learn More • Retail Healthcare • Hospitality • Aviation Our Companies • Valor Security Services • Service Management Systems • PrimeFlight Aviation Services • FirstLine Transportation Security • Brantley Security • Block By Block • ServiceWear Apparel Learn More About Our Companies News & Updates From Our Companies Case Study: SMS Holdings expands reach to hospitals SMS Holdings was recently featured in the Nashville Business Journal. Read the article by Chris Silva below: SMS Holdings has its hands in a lot of pies, from... Continue reading Service Management Systems customer, Bridgestone Arena, nominated again Bridgestone Arena, home of the National Hockey League's Nashville � y g e Predators, has been nominated for the 2011 Pollstar Concert Industry Arena of the Year Award. Five other arenas have been nominated... Continue reading Are you prepared for an emergency? During National Preparedness Month, Valor reminds everyone that emergency preparedness is everyone's responsibility. The more you prepare today, the more you'll be able to reduce the devastating effects of a... Continue reading Inc. Magazine Unveils Its Annual Exclusive List of America's Fastest-Growing Private Companies SMS Holdings makes Inc. magazine's g fifth annual Inc. 50015000 list, an exclusive ranking of the nation's fastest - growing private companies. The list represents the most comprehensive look at the most important... Continue reading Read news archives... ©2012 SMS Holdings Corporation • Home • Our Companies • Innovation • News • Careers • About Us 1 City of Yakima Downtown Maintenance Costs nil to Projected 2013 Yr to Gate Estimated Estimated 2011 6/7112 2012 2013 Beginning Balance 2 i, 22.61 S 0655.70 79,674.70 REVENUE: Fund 161 - Assessments. Citations, Pkg Meter Rev, Long -Term Lease 228,966.86 106,519.81 251,340.00 251,340.00 Fund 321 - Long-Term Parking Revenue 39,551.48 16.306.83 39.200.00 39,200.00 268,518.34 122,826,64 290,540.00 290,540.00 MI 11E1r 5 ; Professional Services 262,500.00 32,700.00 183.569.00 257,192,00 Supplies. & Miscellaneous _ 19.15525 7,591.05 35.962.00 55,962.00 281.655.25 40,291.05 219351.00 313,154.00 Ending Balance 5 8,685.70 S 79,674,70 S 57,060.70