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HomeMy WebLinkAboutR-2012-086 Parking Management and Enforcement Services Contract with Block by BlockA RESOLUTION RESOLUTION NO. R 2012-86 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 19th day of June, 2012 ATTEST. M . ISA a 414 Sonya Glaar ee, City i Zi$2,1 Micah Cawley Mayor CITY OF YAKIMA AND BLOCK BY BLOCK PARKING MANAGEMENT AGREEMENT THIS AGREEMENT is made between the CITY OF YAKIMA, WASHINGTON, a municipal corporationof 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 11203 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 Contractorshall 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 Management of Downtown Parking Facilities. responsible for and shall carry out these duties: 1) Exercise the authority for the administration and management 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 not 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 Contractor is of the City's 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 Police 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 may 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. 9. Deposits. 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 all 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 manner 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 RCW 4.24.115, to the extent that it may apply 23. Delegation 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. Relationship. 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 Waiver 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 Agreement. 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. Integration. 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 By: Mi A. Morales, Intetim City'm0lanager Date: • 2/ -/Z- ATTEST /Z ATTEST BLOCK BY BLOCK cBrid-, to by Bloch ATTEST:: AcM nj City Clerk City Agreement. No City Resolution No. /90/g- (47 Date: u(,1 Page 13 of 15 City of Yakima and Block by Block Downtown Parking Management Agreement EXHIBIT 1 PARKING FACILITIES (Attached) D .-4 - "Pay" DownTown Perking Lora Lot 1 - 107 Spaces A SUN 2nd st Lot 2-165 Spaces Chests W S 2nd/3rd Strs Lot 4-35 Spaces N 1st SUA St Lot 5 -50 Spaces Barrel House ZI ; Free Parking Loth -16 Spaces Z 5 2nd St N Street Parking No Parking a — Two Hour N 111 One Hour Elm* Parking Analysis Focus Area 1p Exhibit 1 Attachment 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). MEMORANDUMII Exhibit "B" Date• May 9, 2012 PFC^ AA To• Michael A. Morales, Interim City Manager E!V f From. Colleen Bailey, Buyer I - Purchasing MAY 1 0 201Z Subject. RFP 11203-P Safety Ambassador, Cleaning, and Landscape Mai 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 Block by Block Committee for Downtown Yakima Senske Lawn and Tree Care Service Group Inc 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. Mprol: is Waarvick, Public Works Drrector Da e Michael A. Morales, Interim City Manager at BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 13 For Meeting of: June 19, 2012 ITEM TITLE: SUBMITTED BY: CONTACT PERSON/TELEPHONE: 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. Chris Waarvick, Director of Public Works Sue Ownby, Purchasing Manager Chris Waarvick, Director of Public Works 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 Resolution X Ordinance Contract: X Contract Term: 7/1/12 - 6/30113 Insurance Required? Yes Other (specify) Exhibit "A" RFP 11203P; Exhibit "B" Letter of Recommendation of Award Mail to: Mydatt Services, Inc. dba Block by Block; Legal Dept.; 7135 Charlotte Pike, Ste. 100, Nashville, TN 37209 Amount: $2.30,000 and Expiration Date: 6/30/13 $27,825 w/extensions available Funding PBIA #1 assessments, direct City Source: contributions and Parking Fund Revenues APPROVED FOR SUBMITTAL: Phone: 502/634-6660 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 Enforcernent. BOARD/COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download E Resolution with Exhibit CI Exhibit B- Letter of Recommendation of Award Ell Agreement ❑ RFP 11203P Addendum No. 1 ❑ RFP 11203P Addendum No. 2 ❑ RfP 11203P ❑ Resolution with Exhibit ❑ Exhibit 8- Letter of Recommendation of Award ❑ Block by Block downtowrparking management final 6 2012 Cl Parking Facilities Map ❑I BBB Website Info ❑ Downtown Maintenance Cost 2011 to Projected 2013 ‚BLOCKbY BLOCK AN SMS HOLDINGS COMPANY SAFETY CLEANING HOSPITALITY SOCIAL SERVICE OUTREACH LANDSCAPING TECHNOLOGY HOME CONTACT USER LOGIN Search This Site... Downtown Services 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 when something happens to the police Now more than ever these services require a spectrum of expertise: Q 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 1 Services 1 Our Cities Elog 1 Testimonials I Contact I Careers 1 User Login ‚BLOCKby AN SMS HOLDINGS COMPANY Select a City HOME CONTACT USER LOGIN Search This Site. Locations 4 PROUDLY SERVING 43 PROGRAMS! AKRON, OH Downtown Akron Partnership ARLINGTON, VA ALBUQUERQUE, NM Downtown Action Team BALTIMORE, MD Rosslyn Business Improvement District Waterfront Partnership of Baltimore BERKELEY, CA Downtown Berkeley Association BOSTON, MA Downtown Boston Business Improvement District BRIDGEPORT, CT CINCINNATI, OH Bridgeport Downtown Special Services District Downtown Cincinnati, Inc CLEVELAND, OH COLUMBIA, SC Downtown Cleveland Alliance City Center Partnership DAYTON, OH DES MOINES, IA Downtown Dayton Partnership Operation Downtown DULUTH, MN EASTON, PA Duluth Downtown Waterfront District Greater Easton Development Partnership HARTFORD, CT Hartford Business Improvement District HONOLULU, HI Waikiki Business Improvement District HOLLYWOOD, FL Hollywood, FL Community Redevelopment Agency JACKSON, MS Downtown Jackson Partners LOS ANGELES, CA LOUISVILLE, KY Westwood Village Improvement Association Louisville Downtown Management District MIAMI, FL MINNEAPOLIS, MN Coconut Grove Business Improvement District Minneapolis Downtown Improvement District NASHVILLE, TN NEW ORLEANS, LA Nashville Downtown Partnership Downtown Development District NEW YORK, NY Chinatown Partnership Local Development Corp NEW YORK, NY Sutphin Boulevard Business Improvement District NEW YORK, NY 82nd Street Partnership OAKLAND, CA Downtown Oakland CBD & Lake Merritt CBD PITTSBURGH, PA Pittsburgh Downtown Partnership RALEIGH, NC Downtown Raleigh Alliance SANTA MONICA, CA Downtown Santa Monica, Inc TOLEDO, OH Downtown Toledo Improvement District, Inc WASHINGTON, DC Georgetown Business Improvement District WEST HOLLYWOOD, CA Sunset Strip Business Association Home 1 Services 1 Our Cities 1 BIog Testimonials I Contact 1 Careers I User Login NEW YORK, NY Jamaica Center Business Improvement District NEW YORK, NY 165th Street Mall Business Improvement Association NEWARK, NJ Newark Downtown District PASADENA, CA Old Pasadena Management District PROVIDENCE, RI Providence Downtown Improvement District SAN ANTONIO, TX Centro San Antonio SOUTH BEND, IN Downtown South Bend, Inc WASHINGTON, DC Golden Triangle Business Improvement District WASHINGTON, DC NoMa Business Improvement District SMS Holdings • Home • Our Companies • Innovation • News • Careers • About Us SMS Holdings, Solutions for your Business, Benefits for your Customer From airports to shopping malls, hospitals to hotels and resorts, the SMS Holdings family of companies is dedicated to bringing innovation, exceptional service and proven processes to large, high -traffic facilities nationwide. 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 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 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 readi ng Read news archives... ©2012 SMS Holdings Corporation • Home • Our Companies • Innovation • News • Careers • About Us City of Yakima Downtown Maintenance Costs nil to Projected 2013 Beginning Balance Fund 161 - Assessments. Citations, Pigg Meter Rev, Long -Term Lease Fund 321 - Long -Term Parking Revenue ELEE 11ttr E : Professional Services Supplies. & Miscellaneous Yr to Gate Estimated Estimated 2011 617112 2012 2013 21,822.61 228,966, 86 106, 519.61 39,551.48 16.306.83 S 8 685.70 79,674.70 268,518.34 122,526,64 262,500.00 19.155.25 32,700.00 7,591.05 251,340.00 251, 340.00 39.200.00 39,20000 290,540.00 290,540.00 163.559.00 257,192,00 35.962.00 55,962.00 261,655.25 40,291.05 219351.00 313,154.00 Ending Balance 5 8,685.70 5 79,674,70 5 57,060.70 ACORO® CERTIFICATE OF LIABILITY INSURANCE `.i DATE(MM/DDIYYYY) 7/6/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Beecher Carlson Insurance Services 6 Cadillac Drive, Suite 320 Brentwood, TN 37027 www.beechercarlson.com CONTACT NAME: PHONE (A/C. No. Extl: 615-277-9840 FAX (A/C, No): 615-277-9879 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A. Travelers Property Casualty Ins Co of CT 25682 INSURED Mydatt Services, Inc. dba Brantley Security Services, Block by Block, Brantley Usher Services 7135 Charlotte Pike, Suite 100 Nashville TN 37209 INSURER B . Employers Insurance Company of Wausau 21458 INSURER C : The Charter Oak Fire Insurance Company 25615 INSURERD: $ INSURER E: $ INSURER F . $ CERTIFICATE NUMBER: 13544513 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ANSR SUBR POLICY NUMBER EFF (MMIDDY/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ CLAIMS -MADE OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ GEN'L AGGREGATE 7 POLICY LIMIT APPLIES PRO- JECT PER: LOC $ A C AUTOMOBILE i LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON OWNED AUTOS ✓ P -810 -9575N717 -TCT -11 BA -962J8814 -11 -CAG 8/31/2011 8/31/2011 8/31/2012 8/31/2012 (E a aBcitleDt) INGLE LIMIT $ $1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ - UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYIPROPRIETOR PARTNERDXECUTIVE N (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N /A WCC -Z91-453170-012 1/1/2012 1/1/2013 / ORYLAMITS Si E.L. EACH ACCIDENT $ $1,000,000 E.L. DISEASE- EA EMPLOYEE $ $1 000,000 E.L. DISEASE - POLICY LIMIT $ $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (AttacKACORD 101, Additional Remarks Schedule, if more space is required) The City of Yakima, its officers, officials, employees and agents with respect to performance of services are listed as additional insured, and shall contain no special limitations on the scope of protection afforded to the City of Yakima as an additional insured. CERTIFICATE HOLDER CANCELLATION City of Yakima 129 South Second Street Yakima WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE (I 0,,t i, a \ ,np ,,,,,, ��- QQQ (NASH) Donna Bagley (� (//� ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERT NO 13544513 (NASH) Kathi Liddle 7/6/2012 7 26 27 AM Page 1 of 5 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement GENERAL DESCRIPTION OF COVERAGE – This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such ,an endorsement. The following listing is a general cover- age description only Limitations and exclusions may apply to these coverages Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS – INCREASED LIMITS F. HIRED AUTO – LIMITED WORLDWIDE COVERAGE – INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE – GLASS "— PROVISIONS A. BROAD FORM NAMED INSURED 0 0� a. 0 0= 0� The following is added to Paragraph A.1., Who Is An Insured, of SECTION II – LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II – LIABILITY COVERAGE' Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and H. HIRED AUTO PHYSICAL DAMAGE – LOSS OF USE – INCREASED LIMIT I. PHYSICAL DAMAGE – TRANSPORTATION EXPENSES – INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 – LI- ABILITY COVERAGE An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness CA T3 53 06 09 2009 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office, Inc with its permission 007549 CERT NO 13544513 (NASH) Kathi Liddle 7/6/2012 7 26 27 AM Page 2 of 5 Page 1 of 4 COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own. (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while perform- ing duties related to the conduct of your business However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE' (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE (4) All reasonable expenses incurred by the "insured" at our request, including actual Toss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph e. in Para- graph B.7., Policy Term, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their house- holds. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (b) Neither you - nor any other in- volved "insured" will make any settlement without our consent (c) We may, at our discretion, par- ticipate in defending the "insured" against, or in the settlement of, any claim or "suit". (d) We will reimburse the "insured". (1) For sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE; (ii) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit de- scribed in Paragraph C., Limit Of Insurance, of SECTION II — LIABILITY COVERAGE, Page 2 of 4 © 2009 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office, Inc with its permission CERT NO 13544513 (NASH) Kathi Liddle 7/6/2012 7 26 27 AM Page 3 of 5 CAT3530609 D co O� H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- - graph A.4.b., Loss Of Use Expenses, of SEC- = TION III — PHYSICAL DAMAGE COVERAGE and not in addition to such I. limit Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada (3) You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements (4) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident" J. K. COMMERCIAL AUTO PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE. We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. • PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION 11I — PHYSICAL DAMAGE COVERAGE Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured", and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto'. No deductibles apply to this Personal Effects coverage AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE' Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only. a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty, and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to (a) You (if you are an individual), CA T3 53 06 09 © 2009 The Travelers Companies, Inc Includes the copyrighted material of Insurance Services Office, Inc with its permission. 007550 (541' NO 11544511 WARN( Kathi Liddle 7/6/2012 7 26 27 AM Paae 4 of 5 Page 3 of 4 COMMERCIAL AUTO (b) A partner (if you are a partnership), (c) A member (if you are a limited liability com- pany), (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization), or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal. Page 4 of 4 © 2009 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office, Inc. with its permission CERT NO 13544513 (NASH) Kathi Liddle 7/6/2012 7 26 27 AM Page 5 of 5 CA T3 53 06 09 • Beecher Carlson Insurance Services 6 Cadillac Drive, Suite 320 Brentwood, TN 37027 City of Yakima 129 South Second Street Yakima WA 98901 MAIL DOCUMENT Certificate of Insurance Delivery by ecertsonline TM Sender: t (NASH) Kathi Liddle Ph901 615-277-9840 !,Subject Holding 25 C(05/10)aCertificate of Liability. SMS -Otte:/ 7/6/2012 No. of Pages: 6 ._URL:1 www.beechercarlson.com THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY, TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THE MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA REGULAR POSTAL SERVICE. © 2002 Certificate of Insurance Delivered by ecertsonline TM Insurance Visions, Inc. All rights reserved.