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HomeMy WebLinkAboutR-2009-138 Public Parking Lot Management Agreement with Committee for Downtown YakimaRESOLUTION NO. R-2009-138 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an agreement with the Committee for Downtown Yakima for the operation and management of the City's downtown parking facilities WHEREAS, the City is the owner and operator of parking facilities located in the downtown area; WHEREAS, it is essential that the parking facilities are maintained and operated 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 parking facilities; WHEREAS, the City Purchasing Department conducted a public bidding process and in response to RFP 10707, the Committee for Downtown Yakima ("CDY") was selected as the Contractor; and WHEREAS, the City utilizes a "user pay" parking system to provide stable financing for the operation and management of the City's downtown parking facilities; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is herby authorized and directed to execute, in substantially the same form but with modifications as necessary, the attached and incorporated "Parking Management Agreement" for the operation and management of the City's downtown parking facilities. ADOPTED BY THE CITY COUNCIL this 20th day of October, 2009. ATTEST: City Clerk4A avid Edler, ayor CITY OF YAKIMA AND COMMITTEE FOR DOWNTOWN YAKIMA PARKING MANAGEMENT AGREEMENT THIS AGREEMENT is made between the CITY OF YAKIMA, WASHINGTON, a municipal corporation of the State of Washington, as "City" and Committee for Downtown Yakima ("CDY") 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 public bidding process and in response to RFP 10707, CDY was selected as the Contractor; 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) Lots 1, 2, 4 and 5: 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 "A", 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 part or all of the parking area hereafter made available. If the City determines that additional Page 1 of 15 City of Yakima and Committee For Downtown Yakima Downtown Parking Management Agreement parking facilities are necessary, the Contractor may submit a request for additional compensation at that time 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 lo 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. 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 "B," 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 "B" 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 required to assign uniformed downtown street ambassadors to dedicate a portion of their time to 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 City of Yakima and Committee For Downtown Yakima 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. CDY shall assign uniformed downtown street ambassadors to dedicate a portion of their time to monitoring and maintaining 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 CDY downtown street ambassadors shall carry radios and 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 Preparation of a Community Education Program. CDY shall prepare and implement a comprehensive community education program through which CDY will communicate to the public the downtown parking regulations and their importance and necessity for the economic health of downtown Yakima Components of this community education program shall include, but are not limited to the following. 1) The preparation of an educational program theme that emphasizes the positive aspects of the new parking rules and administrative procedures and focuses on the reasons the new parking rules and administrative procedures benefit the community. The preliminary theme and program title is "We're Making Space for You" and is intended to remind citizens the purpose of the program is to free -up parking spaces for downtown shoppers and citizens who presently have difficulty finding a place to park downtown due to ineffective enforcement of downtown parking regulations 2) The preparation of brochures and/or other printed materials to provide information related to the above stated education program for the benefit of the public. 3) The issuance of a press release and the staging of a press conference to kick-off this new framework for downtown parking rules, regulations and administrative changes. 4) The staging of a community meeting to provide information about the new downtown parking policies and regulations and why they -are important and necessary for the economic health of downtown Yakima. 5) The development and use, for the first 60 days of the program, of "warning citations" that will caution those who violate downtown parking rules that they will soon become subject to a "real" citation with costly penalties These warning citations will also provide information about the new downtown parking policies and regulations and why they are important for the economic health of downtown Yakima. 6) The preparation of a program web site, or some pages added to the current CDY web site that provides information about the new downtown parking policies and regulations and why they are important for the economic health of downtown Yakima. 7) The City will reimburse the Contractor for any expense associated with the Community Education Program development and implementation activities described in this Section up to a total amount not to exceed $8,000 00. The Contractor is expressly Page 3 of 15 City of Yakima and Committee For Downtown Yakima Downtown Parking Management Agreement authorized to be reimbursed for any of these above referenced activities, Section 3. D 1-6 above, and the City may, in its sole discretion agree, on a case by case basis, to reimburse the Contractor for other additional community education activities for which the contractor may request reimbursement; providing however that the total reimbursement for these Community Education activities shall not exceed $10,000 00 4. Term Subject to rights of termination as hereafter provided, the term of this Agreement is for three (3) years, commencing at 12 01 a.m. on the 1st. day of November, 2009, and terminating at 11:59 p.m on the 30th day of November, 2012, as long as the existing safety and maintenance agreement with the Contractor remains in effect. Contractor shall have the right to renew the Agreement for up to three additional two year terms and Contractor shall provide ninety (90) days notice of intent to renew to the City prior to the expiration of the initial and any subsequent term 5. Parking Control Equipment. A. Maintenance The 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. B Training. The Contractor will establish training for all employees working under this agreement 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 Seven -Thousand and Five Hundred Dollars ($7,500) per quarter (thirty -thousand dollars ($30,000) per year) based on an invoice received from the Contractor. The invoice 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 Contractor. The City shall provide compensation for charges on a reimbursable basis, as opposed to a flat fee, where deemed appropriate. The Contractor maintains the right to pursue re -negotiation of the Agreement as of July 1, 2010 based on revenue and expense history. The prorated compensation for November 1, 2009 - December 31, 2009 is Five -Thousand Dollars ($5,000). 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. 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. Page 4 of 15 City of Yakima and Committee For Downtown Yakima Downtown Parking Management Agreement 8. 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. 9. Reporting. The "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. 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 10. 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 11. 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. Page 5 of 15 City of Yakima and Committee For Downtown Yakima Downtown Parking Management Agreement C. Electricity The City shall pay for all electricity for the lighting of the parking facilities 12. 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 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 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. E. 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 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. 13. 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 Page 6 of 15 City of Yakima and Committee For Downtown Yakima Downtown Parking Management Agreement 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 Tess 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. 14. 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. 15. 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 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 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. 16. 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, Page 7 of 15 City of Yakima and Committee For Downtown Yakima Downtown Parking Management Agreement 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 17. 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. 18. The Americans with Disabilities Act. The Contractor shall comply with the Americans with Disabilities Act of 1990, 42 U S.0 § 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. 19. 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 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. 20. No Insurance. It is understood the City does not maintain liability insurance for the Contractor and its officers, directors, employees and agents 21. Indemnification and Hold Harmless A. The Contractor agrees to protect, defend, indemnify, exonerate, 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 (including legal fees, costs, and disbursements) 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 actual or alleged act, action, default or omission (whether intentional, willful, reckless, negligent, inadvertent, or otherwise) resulting from, arising out of, or related to Contractor's provision of services, work or materials pursuant to this Agreement. 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. B 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 in Appendix B. The insurance policies shall be maintained continuously from the date of Page 8 of 15 City of Yakima and Committee For Downtown Yakima Downtown Parking Management Agreement 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 in Appendix B C. 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. 22. 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 23. 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 the Contractor stated herein 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; 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 in Appendix 'B', attached and incorporated by this reference. 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 in Appendix B Page 9 of 15 City of Yakima and Committee For Downtown Yakima Downtown Parking Management Agreement - 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 dearly 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. 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. Page 10 of 15 City of Yakima and Committee For Downtown Yakima Downtown Parking Management Agreement C. The Contractor's failure to perform or observe any other agreement 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. TO CONTRACTOR Dick Zais, Jr. City Manager City of Yakima 129 North Second Street Yakima, WA 98901 Dan Kelleher Executive Director Committee for Downtown Yakima 115 N. 3rd Street PO Box 881 Yakima, WA 98901 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. Page 11 of 15 City of Yakima and Committee For Downtown Yakima Downtown Parking Management Agreement 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. The City 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 Contractor The Contractor shall be compensated in accordance with the terms of this Agreement up to the effective date of termination. B Termination for Default. If the Contractor fails to comply with any provision of this Agreement, the City may terminate this Agreement for default without 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. Page 12 of 15 City of Yakima and Committee For Downtown Yakima Downtown Parking Management 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. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. 43. 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. CITY OF YAKIMA R. A. ais. Jr, City A. ais, Jr , City Manager Date c2-/U//U COMMITTEE FOR DOWNTOWN YAKIMA By. Date: gvaaer mes E. Stickel, President ommittee for Downtown Yakima ATTEST' = raMA ATTEST: City Clerk City Agreement No. 02L,09—/02 City Resolution No. . ?DD 9-/.3g Date 1C - its \ \%.`o6:1NDq '��i,, .•'N.?5C,* • -.:,?. • .CIC •oti iiiiiiiiiwO Page 13 of 15 City of Yakima and Committee For Downtown Yakima Downtown Parking Management Agreement EXHIBIT A PARKING FACILITIES EXHIBIT B PARKING REGULATIONS CDY shall exercise the responsibility for compliance with the parking regulations applicable to the downtown parking facilities identified in Exhibit A 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(61), 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). BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: " March 24, 2009 ITEM TITLE: Downtown Yakima Parking Commission Recommendations to City Council (1) Improving Downtown Core Parking Operations,- (2) Necessary Amendments to YMC 9:50, and (3) Resolution Authorizing City Manager to Execute Necessary Agreements to Implement Parking Commission Recommendations SUBMITTED BY: Downtown Yakirrna'Parking Commission Dave Zabel!, Assistant City Manager Chris Waarvick, Director of Public Works Lawrence Watters, Senior Assistant City Attorney Sue Ownby, Purchasing Manager • CONTACT PERSON/TELEPHONE: Chris Waarvick, 576-6411 •In the e future the Contact Person will be the new CDY Executive Director at 225-2485) SUMMARY EXPLANATION: Staff respectfully submits this report on behalf of the Downtown . Parking Commission with their recommendations and subsequent necessary implementing actions. At the February 15, 2005 Business: Meeting (Item 12), the City Council_ accepted' Yakima Downtown Association's (YMC 9 (YDA) recommendations to amend parking codes ` 50) via Ordinance. No. 200504 The ordinance states that these changes were to be reviewed by City Council by March 1,2008. On July 17,' 2007, the Yakima City Council created the Downtown Yakima Parking Comrraissi®n' through Ordinance No. 2007-35 and enacted a new chapter for the 'Yakirria Municipal Code •(YMC '9.-49).- The Downtown' Yakima Parking Commission has completed their `review of the' parking 'amendments made in 2005. (Continued on next page.) Resolution X Ordinance X Contract Other (Specify) Agenda Item & excerpts from 2/25/05 & 7/17/07 Council Minutes, Parking Commission Member List, Map Funding Source CBD Fund—$75,000 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests that Council follow the Parking Commission and DYFI Committee recommendations by approving the Phase I list of items. BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The Council DYFI Committee sends the Parking Commission's recommendationo the full Council for approval of Phase I items. COUNCIL ACTION: A. Ordinance relating to parking and amending Chapter 9.50 of the YMC—Motion cathed to accept the report & take no action at this time. B. Resolution authorizing execution of agreements to implement the Parking Commission recommendation to purchase automated parking fee equipment. RESOLUTION NO. R-200941 Attached is the full list of recommendations from the Yakima Parking Commission, who had essentially completed this work in November of 2008 TheDYEI Committee has reviewed these parking amendment changes,to the on -street` parking and city -owned lot parking and sends them to the full Council With a recommendation to approve. Those changes are embodied in the attached amended YMC 9.50 for your review and approval: The Parking Commission recommends a two-phase approach. Phase I, includes the above -discussed changes to the Parking Code, initiating education and informational;efforts for downtown parking and way -faring assistance, :and procurement... of five parking lot fee -accepting machines to replace the dilapidated manual boxes currently in place. Subsequent to installation of these devices (two in Lots 1 and 2, and one in. Lot 4) users of these parking Tots will have two-hourfreeparking and one -dollar per hour thereafter. Phase I will be implemented within the City's existing parking enforcement resources. However, as requested by members of the Council DYFI Committee,. the, Parking Commission has made development of an enhanced enforcement plan a top priority. A map is included showing the Tots and on -street parking zones as p p ordinance.City Finance has verified that the CBD Fund hasa a pp y, " appropriated iroximatel $75,000 ava table and aed o Hated for the purposes described in the Parking Commission recommendations. This revenuecomes from monthly pass collections and the sale of downtown right of ways. In summary, the Parking Commission requests Council approval of the items found under `Phase I" of their March 2009 report. Technical information on the parking meter technology is also included.. Staff has;` discussed witt Portland, Oregon the experience they have had `with these CALE manufactured devices " Theii experience has been :good Portland has nearly, 1,300 of these devices in place If Council concurs with the Parking Commission recommendation for the CALE MP 104 devices at approximately $8,000 per unit, Purchasing has en established agreement with Portland to purchase .offtheir contract with CALE, thus :avoiding considerable preparatoryand contract development time. The ,manager of the Portland parking system does, not lease these units but - =prefers to purchase Outright and recommends that .we do ;so !.also....After.; discussion with both the.,vendor;:: and the City of Portland, the recommendation it to have the meters accept debit/credit cards and coins,but not bills..,. Not only does the bill accepting model cost significantly more due to the required bill validation technology involved, other operational complications with bilis, become evident. - Once decisions have been made as to operational responsibility, the appropriate banking relationships will be established to implement the collection and processing of fees. The attached resolution authorizes the City Manager to execute the necessary agreement to procure the CALE parking equipment and other documents or agreements directly related to the successful installation, operation and management of this equipment. List of Attachments:. (1) Downtown Parking Commission Recommendations and Revenue Analysis (2) Proposed Revisions to YMC Ordinance 9.50 (3) Resolution Authorizing City Manager to execute various agreements for Downtown Parking (4) Map of Proposed Downtown Parking (5) CALE Equipment Quote and cut sheet (6) Referenced Previous Council Actions and Minutes (7) Parking Commission Member List 2 of 2 3/18/09 2:38 PM C:\Documents and Settings\mskovald.YAKIMA CITY\Local Settings\Temporary Internet Files\OLK1951Parking Commission 3_24_09 AS (4) Final.doc • • • YAKIMA PARKING COMMISSIONS RECOMMENDATIONS TO UPDATE THE DOWNTOWN PARKING SYSTEM — March 24,2009 The following is a summary of the Parking Commission recommendations to. the Yakima City Council, with a corresponding funding request The. recommendations are made in two phases. Phase 1 can be implemented immediately within the existing parking enforcement structure. However, Phase 2, which deals with enforcement issues and the resulting increased revenue, is key to developing the most cost efficient means to monitor parking compliance and to adequately finance ongoing maintenance. Phase 2 will demand a well researched, well thought out public/private partnership. PHASE 1 Estimated Funding $52.500 1 Hours (On Street) — immediately change downtown core to two-hour parkingwith_a one-hour section:on Yakima Avenue between Neches. Avenue and Second Street; on Second. and Third Streets between A Street arid Chestnut Avenue; and on. Fourth Street between Yakima Avenue and_Chestnut Avenue: The rest of the area, should remain two hours. We also suggest, keeping the 30 -minute section on S. Neches Avenue and the 15 -minute section in front of the United States Post Office. 1 Hours (Off Street) — immediately chan9e the hours in the offstreet to two free hours and $1.00 per hour , afterwards. Those lots #s are 1, 2 and 4. Increase' monthly spots to $40 per month (this is two dollars a day) We, also recommend limiting monthly parking permits to 30% of the available spots in these tots. For the time being, we also recommend making the lot on South Second Street (lot # 5) free to all -day parking due to it's out of the way location and current limited:demand. . r; f Lot Conditions — immediately work with the City of Yakima Streets Department to"restripe'and update the numbering. system in lot #4. • If funds are available, `research updating the landscaping and visibility around the pay stations. ✓ Signage — ask City of Yakima Public Works Department to work with the Downtown Parking Commission to create a J.. new way -finding and signage plan; -then have the sign department create and install new signage -Estimated. Cost: ,, $5;000 ✓ Education— allocate funds for design of a new educational brochure (including utility bill inserts) and website that features information on where to park, where to purchase permits and how to'use the parking technology in the Tots. This effort may include Y -PAC programming to explain the changes. Include 'a "grace" period for at least the first three months and use it as an educational process to tell current users of the changes. Estimated Maximum Cost: $10,000 ✓ Revenue Collection — Affect the purchase of 5 solar powered Smart Meters for lots 1, 2 & 4. Information regarding a proto-type system considered for Portland, Oregon is attached. Estimated Cost $37,500 (the estimated monthly operation costs per unit is $100) PHASE 2 Estimated Funding: $17;500 (including costs associated with Phase 1 that cannot be estimated) 1 Enforcement - initiate apoint effort amongst the Yakima Police Department, the Downtown Parking Commission, and the City to identify the most,cost-efficient parking compliance solution, not only for downtown core; but all of downtown. Have joint team review proposals from various technology companies to help us ensure effective turnover of our most valuable parking space and to develop a balanced public/private enforcement strategy. 1 Revenue Usage — review revenue usage to ensure that the money stays downtown to strengthen the parking enforcement system and aid in downtown maintenante projects. • . The total funding request for both phases is $75,000. We understand that this amount is currently available in the City's capital fund. Based on the parking lot permit and hourly fees accrued between 2000 and 2004, we estimate that the $75,000 investment would be recouped in 2 to 3 years from the date that effective enforcement is in place. Attached is a ten year historical comparison parking enforcement revenues and expenditures. CITY OF YAKIMA Parking Enforcement Revenues and Expenditures Ten Year Comparison -2000-2009 (Budget) - General Fund Revenue Citations/Penalties r Special Use Permits .: Total General Fund Revenue General Fund Expenditures Variable Costs: Salaries & Benefits Vehicles Expense Other Operating. Expense Pacific Power (Lighting in Public lots) Total General Fund;. Expenditures General Fund Net Revenues Parking Revenues.- Other Funds: Lots - Hourly Fees Lots Permits Total Revenue Other. Funds Parking Expenditures'- Other; Funds: Striping - Two 2nd St Parking Lots Net Parking Revenues - Other Funds 2009 Budget ,2008 2007 2006 2005 12004 2003..:,. 2002 2001. 2000 ,Actual Actual ;= Actual Actual Actual Actual Actual Actual Actual 100,000 402,320 $ .69,785 a. 150 , 88 ; 102 100,150 ' -102;408"..,- ,.69,887 79;286 74,057 43,879 4,655 ' 2,255 .. 978 18,692 16,044 ; -:•16,268 $ .. 43;272 $ 59,199. $ 95,517 298 276 .636 43,570„ 59,475 96;153 $103,781 $138,130. $162,720 $189,451 748 : 1,671:x` '2,769 2,142 104,529 `..139,801; 165,489 191,593 58,565 91,816 I, 76,494 81,272 :92,759 110,851 110,661 - - 325 . 11,800 13,430 12,502 . 1,252, 1,387 2,595 2,058; 3,141;. 6,236 6,680 16,205 16,808 15,427 16,390 t. 15,7807 18,692 20,000 102,633 -.92'356', 61 125 .:-..76;022 110,01 h: 94,516 100,045 1,23,480:_ 149,209 149,843 $• . (2483) $ -10;052' $ 3 8,762 -1 (32,452) $ (50,536) $= .1,637 $ 4,484 $:16,321= $ 16,280 $ 41750 2,500 $ 2,479 ; $ ; 2,406 $ 2,209- $ 7,298 $: 19,179 $ 24,171 $ 26,664. 8 34,458 $ 56,089 ''.30,800 :29,855 x22,848 :25,634 36,8831• 49,518 40,415': 39;058 35;2`13 30,832 33,300 .'32,334 _; - 25,254 ;` 27;843 44,181 ; 68,697 64,586;,';,, - 65;722 69,671 86,921 • 4,640'. $ 33,300 $ 27;694" $ 25,254 8'. 27,843: $ 44,181" $ 68,697 $ 64,586" $.:`65;722 $ 69,671 $ 86,921. 1 This includes an allocation of the parking :_supervisory spersonnel. 2 Finance staff maintains the parking ticket"computer system and collects payment of the fines. ;The. cost of this function is not included in this analysis:_ 3 Thisparking revenue goes to -Parks & Recreation to maintain downtown area landscaping. (Annual cost for this slightly over $50,000-YDA has contributed to this program in the past, but not to the full extent of the cost) 4 This parking revenue goes to CBD. Capital Improvement -Fund. CDY has received $50,000 in each of 2008 and 2009 from this fund, and the monthly parking permits represent the only ongoing revenue in this fund. 1/22/2009 • Parking_Rev 2000 thru 2009 Budget 2009 Parking Commission Members Larry Hull — President — Iarry@megalodonlIc.net Mike McMurrary - 457-5151, Imcmur6003 cnr aol.com Nick Hughes — nhughes0180(a�charter.net Joe Morrier — 248-4040, ioea,jemdev.com Diance Vance — dianevanceayahoo.com Tony Klein — tkleina,bannerbank.com Bill Lover — blover@,ci.yakima.wa.us Rodney Lewis — rlewis@tlwins.com Ex Officio Dave Zabell — dzabell(a�ci.yakima.wa.us COMMITTEE FOR DOWNTOWN YAKIMA July 7, 2009 Sue Ownby Purchasing Manager City of Yakima 129 North 2nd Street Yakima, WA 98901 RE: Submission of Statement of Qualifications Related to the Administration and Operation of Yakima's Downtown Parking Lots Dear Ms. Ownby, The Committee for Downtown Yakima (CDY) is pleased to submit this statement of qualifications and to express interest in providing Downtown public parking administration and operations services to the City of Yakima. We are ready, if called upon, to promptly and effectively commence the parking lot administrative tasks that the City of Yakima may assign. CDY has a full time professional staff of four that has extensive credentials and qualifications that make them uniquely qualified to successfully oversee and carry out the following task of administering Yakima's Downtown lots. Also, CDY is uniquely positioned to provide Downtown parking lot management services in a way that is well received by the local community because CDY already has a well established relationship with the Downtown stakeholders who will be most affected by Downtown parking policy and administration. CDY is respected and accepted by the Downtown community as an agency that can be trusted to faithfully address Downtown community concerns. The dose ties that CDY enjoys with the Downtown community will be an important factor that will ensure our success in the community education and public relations aspects of administering our Downtown parking lots. Finally, we believe that CDY can do a better job administering our Downtown parking Tots than any other business or organization. Our staff has years of experience in parking lot administration and no other company or agency can match our unique ties with the people of Downtown Yakima. Naturally, we hope that after you review the attached Statement of Qualifications, you will come to the same conclusion and agree to commence negotiations with CDY for the provision of Downtown parking lot administrative services. Thank you for taking the time to review this submission and for your kind consideration. Sincerely, Dan Kelleher Executive Director 1 1 5 NORTH 3RD STREET, YAKIMA, WA 68901 1. CDY IS WELL QUALIFIED TO ADMINISTER YAKIMA'S DOWNTOWN PARKING LOTS CDY has a long an well respected history addressing important Downtown Issues CDY involves, includes & represents the Downtown Property Owners and Merchants that will be affected by Downtown Parking Policy & Administration CDY administrative staff has years of ex- perience in parking lot administration, and in the administration of self-sufficient public enterprises CDY administrative staff has years of experience working with Downtown merchants on down- town parking issues CDY has a well -skilled employees that are ready and able to effectively take -on the new assignment of downtown parking lot administration COMMITTEE FOR DOWNTOWN YAKIMA History of the Committee kw Downtown Yakima (CDY) About six years ago, a group of concerned citizens, stakeholders within the three main Downtown business groups (Yakima Downtown Association, Front Street Merchants Association and the Westside Business Association) and the City of Yakima joined together to develop a strategy for the future of Downtown Yakima. The primary question asked was, "What do we want our downtown to look like moving forward?" For the first three years, many people worked diligently to create an organizational structure that would continue the good work started with those strategic sessions. From this initial work emerged The Committee for Down- town Yakima (CDY). For the last few years, the primary focus of CDY was to create a clean and safe downtown environment, to develop marketing and promotions that On September 9, 2008, the Downtown Yakima Business Improve- ment District (DYBID) went into effect. The DYBID was formed to promote an attractive and economi- cally viable downtown that is dean, safe and attrac- tive to residents, tenants, business- people and visitors. The services provided by the DYBID did not replace City of Yakima services, but, instead, simply supple- mented them by adding a more thorough regime of maintenance and safety services to those that were already being provided. The DYBID is a three-year assessment district and it will sunset on September 8, 2011. At that time we fully expect our Downtown property owners and merchants to renew the BID. The Committee for Downtown Yakima has a highly skilled team of on -street Ambassadors that will be assigned the task of undertaking parking administra- tion and enforcement duties in the Yakima Downtown parking Tots would help create excitement about the many positive happenings downtown, and to develop a sustainable funding mechanism through the creation of a Business Improvement District (BID). CDY Statement of Qualifications Page 2 CDY Organizational & Governance Structure CDY is a nonprofit 501(c)(6) organization incorporated under the laws of the State of Washington The purpose of CDY is to engage in activities that will encourage and strengthen the revitalization and health of the Downtown urban core of the City of Yakima, Washington. This includes efforts to unite and mobilize individuals and entities - public and private - to take action for the betterment of the City of Yakima's core urban area. Board of Directors The Committee for Downtown Yakima (CDY) is uniquely positioned to take -on the administration of Downtown Parking lots or to undertake other tasks that require direct involvement with, and support from, Yakima's diverse Downtown community. This is because the CDY Board of Directors includes representation from the very same Downtown property owners, merchants, and residents that will be affected by the administration of Downtown parking issues. Organizational Structure The Committee for Downtown Yakima employs four full time and five part time employees to provide a variety of Downtown services including clean and safety services, marketing and promotional services, hospitality services and physical improvement planning services. The following chart illustrates the way in which the CDY is organized to provide these services. Board of Directors Executive Director Dan Kelleher Project Manager Matt Klaus Programs Administrator Jamie Lee Stickel Kelly Cordle Clean & Safe Ambassador Drew Cordle* Clean & Safe Ambassador James Cline* Clean & Safe Ambassador Johnny Andrade * Clean & Safe Ambassador Robert Mitchell * Clean & Safe Ambassador Jamie Davis * Clean & Safe Ambassador * This staff person is hired on a seasonal basis to address the peak demand for service during the spring and summer CDY Statement of Qualifications Page 3 CDY Organizational Boundaries Organizational Boundaries The boundaries of the CDY encompass 84 Downtown blocks. The District is roughly bounded on the North by Lincoln Avenue, the South by Walnut Street, the West by 7th Avenue, and the East by a jagged boundary extending up to N. llth Street. All three of the parking lots, the administration of which are the subject of this submission, are located within the CDY boundaries, and CDY street ambassadors are already regularly on -duty in this area. N. Irthst. 0 v 0 v E rts — } Naches Avenue 7th Avenue CDY Boundaries 7th Avenue Walnut Street Approximate Locations of the 4 Downtown Public Parking Lots. Please note that all 4 of these lots are situated within the normal working boundaries of the CDY, where the CDY staff enjoys long-established working relation- ships with Downtown merchants, residents, employees, and property owners. CDY Statement of Qualifications Page 4 Credentials and Qualifications of the CDY Administrative Staff CDY has a full time professional staff of four [other positions are seasonal], and these four employees presently run all of the operations of CDY. These staff people will be the ones who will be assigned to oversee and direct the administration of Downtown parking administration should the City of Yakima elect to contract with CDY for Downtown parking lot administration. The CDY staff has extensive credentials and qualifications that make them uniquely qualified to successfully oversee and carry out the following tasks associated with the administration of Yakima's Downtown parking lots: • Lot maintenance including landscaping, line marking, debris and snow removal, and & corrective actions • Lot coin collection including the monitoring of collection performance • Enforcement of parking lot rules and issuance of citations • The undertaking of a community education program and marketing program related to parking lot rules and administrative practices safety inspection The following is a list of the work experience, skills and credentials that make both the CDY as an institution, and CDY's administrative staff in particular, uniquely qualified to undertake the tasks associated with the administration of Downtown Yakima's public parking lots: • CDY's predecessor organization - the Yakima Downtown Association - was directly involved in the acquisition of the four subject parking Tots, and in providing policy recommendations and community oversight for these lots. CDY also performed these functions for one additional Downtown parking lot that was later sold. • CDY's administrative and management staff has years of successful experience undertaking activities that are either exactly the same as those that will be required under the subject services contract, or very similar. For example: Three years experience providing maintenance and operational support for the Downtown Yakima parking lots that are the subject of this submission. For example, cleaning and maintaining the lots, periodically inspecting the lots to watch for pot holes or other potential safety hazards, installing and maintaining landscaping along the periphery of the lots, and coordinating meetings of key community leaders to talk about Downtown parking policy in general and the administration of these Downtown lots in particular, and providing community education regarding Downtown parking policy. D Seven years experience administering private parking lots containing over 2,500 spaces in the cities of Richland, WA and Costa Mesa, CA. These duties included all aspects of parking lot administration including the issuance of parking permits, monitoring of lots for compliance, issuance of warnings for noncompliance, directing the towing and impoundment of vehicles, interacting firmly but professionally with violators, cleaning and maintaining lots, re -lining the lots, when needed, and inspecting lots periodically for safety problems. Eight years overseeing the municipal staff people of the City of Kent, WA who directly administered and enforced parking policy in that community, and participation on occasion in community education and community meetings to discuss Downtown parking policy. CDY Statement of Qualifications Page 5 Credentials and Qualifications of the CDY Administrative Staff Continued CDY's administrative and management staff has years of successful experience in activities that are either exactly the same as those that will be required under the subject services contract, or very similar. For example: > 6 years overseeing new parking lot development and major parking lot revisions for the King County Housing Authority in Seattle, WA. > 5 years experience administering and implementing Downtown parking policies in Richland, WA. These policies and regulations were designed and intended to free -up Downtown parking spaces for customers by asking merchants and Downtown employees to voluntarily avoid parking in the most desirable, close -by spaces so that customers could use them. Gaining voluntary compliance was only possible after a community education process involving numerous community meetings that were organized and run by our current staff. > 8 Years successfully coordinating communication, education and outreach efforts related to parking policies in Downtown and commercial districts. D 20 years experience successfully administering public and quasi -public organizational budgets. C. 4 Years of successful experience administering self-sufficient public enterprises in Alaska and Washington State that, were not parking -related, but that required similar skills in public management, budgeting, customer relations and personnel administration. CDY Already has a Well-developed Communication Network with Local Stakeholders CDY is uniquely positioned to effectively undertake the community -relations component of the parking lot administration services. No other company or organization can legitimately claim to be "of the Downtown community, by the community, and for the community". Also, CDY is respected and accepted by the Downtown community as an agency that can be trusted to faithfully address Downtown community concerns. In addition, our Board of Directors is representative of Downtown stakeholders and we have a very close and communicative relationship with these stakeholders who will be affected directly by the administration of Downtown parking. The close ties that CDY enjoys with the Downtown community will be an important factor that will ensure our success in the community education and public relations aspects of administering our Downtown parking lots. Conclusion CDY is pleased to submit this statement of qualifications and we are ready, if called upon, to promptly and effectively commence the parking lot administrative tasks that the City of Yakima may assign. We believe that CDY can do a better job administering our Downtown parking lots than any other business or organization. Naturally, we hope that after you review this document, you will come to the same conclusion and agree to commence negotiations with CDY for the provision of Downtown parking lot administrative services. Thank you for taking the time to review this submission and for your kind consideration. • • • Dan Kelleher 115 North 3`° Street Yakima, WA 98901 / 509-654-2670 Employment Objective To continue serving as Executive Director of the Committee for Downtown Yakima located in Yakima, Washington. Employment History COMMITTEE FOR DOWNTOWN YAKIMA Executive Director May 2009 to Present The Committee for Downtown Yakima (CDY) is a full service Business Improvement District (BID) located in Yakima, WA. The Executive Director reports to an 18 -member Board of Directors and is responsible for the administration of all District activities and programs including the preparation of the District's $330,000 annual budget and the oversight and supervision the District's permanent full-time staff of four. The CDY provides a full range of typical BID services including "clean and safe" services that are provided by a permanent full time crew of two Clean and Safe Ambassadors and a temporary full time staff of 4 additional ambassadors that are hired every Spring to serve during the peak summer season. These on -street Ambassadors plant and maintain downtown landscaping, sweep streets and operate specialized street cleaning equipment. They also serve as downtown security officers and they provide hospitality related assistance to visitors by offering directions and dining and entertainment advice. In addition, they provide human service assistance by helping the homeless and people with mental illness or substance abuse problems to obtain transportation to local human service agencies that can help them. The CDY Executive Director also oversees the District's marketing and promotional programs, and physical improvement/ beautification programs. LOUISVILLE DOWNTOWN MANAGEMENT DISTRICT October 2006 to February 2009 President & CEO The Louisville Downtown Management District (LDMD) is a full service Business Improvement District (BID) located in Louisville, Kentucky. The President reported to a 33 -member Board of Directors and was responsible for the administration of all District activities and programs including the preparation of the District's $1,283,000 annual budget and the oversight and supervision the District's staff. The LDMD provides a full range of typical BID services including "clean and safe" services that are provided by a full time crew of thirteen Clean and Safe Ambassadors who sweep streets and operate specialized street cleaning equipment, and who also serve as a Downtown security officers. These Clean and Safe Ambassadors also provide hospitality related assistance to visitors by offering directions and dining and entertainment advice and they provide human service assistance by helping the homeless and people with substance abuse problems to obtain transportation to local human service agencies that can help them. The LDMD President also oversaw the District's marketing and promotional programs, physical improvement and streetscape beautification programs, and the District's research office that prepares, updates and maintains a useful library of information that is used by Downtown property developers, Downtown retail businesses, Downtown real estate companies and other parties contemplating making investments in the sixty-one square blocks that encompass the District. COLISEUM CENTRAL BUSINESS IMPROVEMENT DISTRICT June 2001 to Oct. 2006 Executive Director Coliseum Central Business Improvement District is located in Hampton, Virginia. The Executive Director reported to an 18 -member Board of Directors and was responsible for administration of all District activities and programs including the preparation and administration of the District's $1,017,000 annual budget, the Kelleher Resume Page 2 oversight and supervision of both the District staff and contracted consultants, and the achievement of District initiatives. These initiatives were designed to promote and enhance the District both physically and commercially. These initiatives included: 1. The Physical Enhancement Initiative. This initiative included a Physical Improvement Grant Program through which businesses within the District could receive grants to reimburse them for up to 50% of their costs if they made facade improvements or other enhancements to the exterior of their shops. This initiative also included a One-on-one Design Assistance Program through which businesses within the District could receive free design assistance related to facade improvements or other enhancements from qualified architects and other designers. 2. The Security Enhancement Initiative. This initiative included a Cooperative Security Partnership Program through which local businesses pooled their resources with District funds and with funds provided by the local municipality for the purpose of purchasing the services of off-duty City police officers to provide supplemental police patrols for Program participants. The initiative also included a Security Public Relations Program designed to counter the false image that the crime rate within the District is unusually high. 3. The Marketing and Promotion Initiative. This initiative included an Advertising Matching Grant Program through which businesses within the District could receive grants to reimburse them for up to 15% of their advertising costs if they advertise themselves in the context of being a part of the District. It also included a full program of holiday promotions, special events and activities designed to attract shoppers. 4. The Neighborhood Redevelopment Initiative. Through this initiative, the District worked in partnership with the City of Hampton, VA and other local agencies to promote beneficial public and private investments into the District. As a result of this initiative over $600 million of new business and infrastructure money was invested into the District over a five year period and this new investment resulted in a profound beneficial transformation in the District. CITY OF RICHLAND, WA May 1997 to June 2001 Manager, Housing & Redevelopment Division The Housing and Redevelopment Manager was responsible for administration of development and redevelopment projects that were identified by the Richland City Council as being high priority projects. These projects included the following: 1. Management and oversight of the City's Downtown Redevelopment Program, including oversight and administration of the City's downtown planning and goal setting process, management and oversight of the City's $3 million downtown infrastructure improvement program, and management of the City's efforts to recruit private sector developers to invest in the Richland Central Business District_ (CBD). Also, the Redevelopment Manager was the lead staff person responsible for chartering and supporting a public/private organization known as the Richland CDB Partners which is a non-profit organization co- sponsored by the City of Richland, the Richland Chamber of Commerce, downtown Merchants and downtown property owners. The Board of Directors of this organization includes the Mayor, the City Manager, one member of the City Council, the Executive Director, of the Chamber of Commerce, two leading downtown merchants and two leading downtown property owners. 2. Management and oversight of all aspects of the Columbia Point Development, a mixed-use waterfront recreational development adjacent to downtown Richland along the shores of the Columbia River. Duties related to the administration of Columbia Point included the installationof the street and utility infrastructure to serve the development and the construction of an 18 -hole golf course and clubhouse. These duties also included the administration of the golf course enterprise and the marketing and sales of tracts of City -owned land within the development to private sector residential and commercial developers. 3. Management and oversight of key rivershore development projects adjacent to Richland's downtown including development of small docks, development of a large commercial pier of sufficient size to accommodate Portland,Oregon-based commercial cruise ships and the development of a 1.2 mile extension to the City's rivershore trail network linking the downtown to the Columbia Point development. 4. Management and oversight of all of the City's housing programs, including administration of the City's CDBG and HOME programs, and historic preservation programs. • • • • • • Kelleher Resume Page 3 NORTH SLOPE BOROUGH [COUNTY], ALASKA .October 1993 to October 1996 Director, Industrial Development Department The Director of the Department of Industrial Development was responsible for overseeing the provision of municipal services such as solid waste, water, sewer, etc. within the industrial service areas of northern Alaska. The Director's duties included the administration of .two self-sufficient municipal business enterprises: Service Area Ten, a combination hotel, solid waste utility and water and sewer utility located within the Prudhoe Bay oil field; and Kuparuk Industrial Center, a combination hotel and commercial shop space and industrial equipment leasing operation in the Kuparuk oil field. The Director was also responsible for long range planning for the provision of municipal services and infrastructure at the future proposed industrial developments at the Arctic National Wildlife Refuge, at the Western Artic Coal Project, and at several key development nodes along the Dalton Highway. CITY OF KENT, WA January 1986 to December 1993 Elected Mayor and CEO As the elected Chief Executive Officer of this full service municipality, the Mayor administered a $65 million annual operating budget and oversaw a full-time staff of 588. The Mayor's duties included oversight of all govemment functions including police, fire, public works, land -use planning, parks and recreation, and human resources. In addition, the Mayor was responsible for making steady progress toward the implementation of civic goals identified by the City Council and the community at large. Toward this end I was successful in the following: • Implementing a downtown enhancement and redevelopment program that resulted in over $200 million in public and private investment into a 10 square block redevelopment zone. • Securing the full closure of two controversial regional landfills that had operated in the City for the previous twenty years. • Providing funding for a major new high-priority road development project [the 277th corridor project] KING COUNTY HOUSING AUTHORITY January 1988 to October 1993 Director of Construction, Facility Planning and Development The Director of Construction, Facility Planning and Development was responsible for overseeing all new construction projects and all major rehabilitation for older public housing complexes administered by the Seattle -based King County Housing Authority. Examples of projects completed are a $7 million, 94 -unit congregate care facility for seniors, and a $1.3 million, 14 -unit transitional housing project for victims of domestic violence. In addition, the Director administered a $5 million annual apartment complex rehabilitation budget and a $2 million annual public housing construction budget. Education Kent Meridian High School, Kent WA, Graduated 1975 Green River Community College, Auburn, WA, Associate of Arts Degree 1980 Other Skills Foreign Language Spanish Computer Software Microsoft Word, Excel, Project, Publisher, PowerPoint, Outlook Contact Numbers Office (509) 225-2485 Mobile: (509) 654-2670 E-mail: dan@downtownyakima.com Matt Klaus 115 North 3"' Street Yakima, WA 98901 / 509-654-2670 Employment Objective To continue serving as Program Manager of the Committee for Downtown Yakima located in Yakima, Washington. Employment History COMMITTEE FOR DOWNTOWN YAKIMA July 2006 to Present Program Manager The Committee for Downtown Yakima (CDY) is a full service Business Improvement District (BID) located in Yakima, WA. The Program Manager oversees the operation of the Committee for Downtown Yakima Clean and Safety Programs, including but not limited to street, irrigation and landscaping maintenance, street and sidewalk cleaning, special events, interactions with homeless, and graffiti removal. The Program Manager is responsible for the hiring and training of temporary, seasonal Ambassadors. The Program Manager oversees the day-to-day operations and coordinates with the office staff and board of directors. AMERICAN BUILDING MAINTENANCE July 2005 to July 2006 District Supervisor American Building Maintenance is located in Yakima, Washington. The District Supervisor oversaw 123 employees and 210 janitorial contracts within the district. Administered inspections and deliveries. Ensured that contracts were written according to government specifications. HORIZON INCORPORATED January 2000 — July 2005 Business Services Manager Horizon Incorporated is located in Yakima, Washington. The Business Services Manager matched people with disabilities to corresponding, appropriate employment. Oversaw the training and supervision of disabled adults in individual contacts and supported group employment. Contracts included janitorial, pellet manufacturing, product assembly, landscaping maintenance, parking lot cleaning, manufacturing and packaging of medical support products, and street sweeping and litter removal for Yakima County Landfill. PREFERRED PROPERTY MANAGEMENT September 1996 to December 1998 Maintenance Manager Preferred Property Management is located in Yakima and Tri -Cities, Washington. The Maintenance Manager was responsible for all aspects of apartment maintenance, including the overseeing of painting and carpet cleaning sub -contractors, interior and exterior building maintenance, the issuing of parking permits, parking control, pool maintenance, street maintenance, irrigation repairs and landscape maintenance. WEST BAY PROPERTIES September 1991 — June 1996 Maintenance Supervisor West Bay Properties is located in Costa Mesa, California. The Maintenance Supervisor was responsible interior and exterior apartment maintenance including maintenance of pools, streets, irrigation and landscape. Administered parking permits and parking control. Oversaw major • • Klaus Resume Page 2 complex remodels and renovations, painting and carpet cleaning sub -contractors and major carpentrywork to repair termite damage in older complexes. Education Army Navy Military Academy, San Diego, CA, Graduated 1985 Mount San Antonio College, Pomona Valley, CA, Structural High Rise Welding and Metallurgy Degree 1980 Golden West Community College, Huntington Beach, CA, Marine Diesel Mechanics Degree 1994 Contact Numbers Office (509) 225-2485 Mobile: (509) 728-6802 E-mail: matt@downtownyakima.com References Professional references for the Committee for Downtown Yakima and it's staff James Stickel 114 N. 4th Street Yakima, WA 98901 577-7719 Doug Picatti 2309 S. 3rd Avenue Union Gap, WA 98903 225-2480 John Baule 2105 Tieton Drive Yakima, WA 98902 248-0747 Request for Statement of Qualifications No. 10914 Notice is hereby given by the undersigned that Requests for Statements of Qualifications 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, July 7, 2009 and Respondents names will be publicly read for: The City of Yakima is desirous to find a qualified organization to operate and manage the public parking lots in the downtown core. The Request for Statement of Qualifications is being announced to find the most qualified respondent that possesses the knowledge and ability to physically maintain the lots, collect money, access computer tracking software and safety inspections. The organization will also bg responsible for parking enforcement within the lots and issue citations, as well as managerial duties, such as daily operations, preparing an annual budget, preparing educational and marketing materials and strategies. Requests for Statement of Qualifications packages 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 aIl`RFSQ's. Dated this 17th day of June, 2009. (Seal) Sue Ownby, CPPO Purchasing Manager Publish on June 21 and June 22 , 2009 Charge Account 10943 CITY OF YAKIMA Request for Statement of Qualifications No. 10914 for Downtown Public Parking Operations and Management June 19, 2009 The City of Yakima owns four (4) public parking lots ("lots") within the downtown core business area and within the larger, recently formed Downtown Yakima Business Improvement District (DYBID). There are approximately 350 spaces available. Please see attached map of parking lots. The City recently amended its Municipal Code, Chapter 9.50 Parking and Rules of the Road, implementing recommendations from the City Council appointed Parking Commission, supporting business related parking usage within the downtown core. The changes to the YMC are effective July 9, 2009. Five (5) new solar powered CALE automated parking payment stations have been procured and preparations for installment are in process. Necessary parking limit sign changes have been prepared and will be instituted by July 9, 2009. Rates for hourly and long term parking have been set by the YMC as well as a limit on the number of long term parking permits in the public lots. Time limits were also amended for on -street parking. The full text of the parking regulations are attached (YMC 9.50). It is the City's intent to use the revenue collected from hourly, long term and parking violations in the public lots to support the maintenance, operation and marketing of downtown parking and the business district it supports. See attached spreadsheet dated 1/22/09 describing parking revenues and expenditures. The City is desirous to find a qualified organization to operate and manage the public parking lots in the downtown core. To this end, a Request for Statement of Qualifications is .being announced to create a list of qualified and capable candidates from which to choose one organization for contract preparation, City Council approval and City Manager execution. The selected organization must demonstrate through its Statement of Qualifications and interview session that it possesses the knowledge and ability to physically maintain the lots, including, but not limited to, landscaping, line marking, debris and snow removal, safety inspection and corrective actions. The organization will also be responsible for coin collection and will have access to the pay station's software tracking system to monitor collection performance. The organization will be responsible for enforcement within the lots and issue initial citations. The organization will prepare educational and marketing materials and strategies for the public lots. The organization will prepare an annual budget and make managerial, operational and hardware recommendations to the Parking Commission and/or the City Council. Daily operational decisions will be the responsibility of the organization within the framework of the agreement. The • organization will be responsible for issuing and tracking long term parking permits under the terms of the YMC 9.50. The City of Yakima will retain the following responsibilities and/or obligations. The City shall be a party to the agreement. Rate setting will remain a City Council prerogative with input from its Parking Commission. The City recognizes its fiduciary and audit responsibilities under state law and generally accepted accounting practices for municipalities. The City will maintain its primary relationship with credit and debit card vendors for use in the automated parking meters. The City will support its Parking Commission in the duties described in the enabling legislation. It is planned that the City's Parking Commission will participate in the review of the Statement of Qualifications with City staff. The selected organization will engage in a contract negotiation with the City to be followed by submittal to the full Council for approval and ultimate contract execution. All communications should be directed in writing to the RFSQ Coordinator listed below. Any oral communications with other City employees will be considered unofficial and non-binding. RFSQ Coordinator: Sue Ownby, Purchasing Manager City of Yakima 129 No. 2nd Street Yakima, WA 98901 Ph: 509-576-6695 Email: sownby@ci.vakima.wa.us DEADLINE FOR DELIVERY OF QUALIFICATIONS: One original proposal, with four (4) complete copies, shall be sealed and must be delivered no later than 2:00 P.M., July7, 2009 to: City of Yakima Clerks Office 129 No. 2nd St. Yakima, WA 98901 Proposal packages must be marked: RFSQ No. 10914 Parking Operation and Management. Qualification Requirements Qualifications may be in the form of a cover letter with attachments, and must include a copy of the applicants' and key personnel's resumes. The submitted Qualifications should be prepared simply, providing a straightforward, concise delineation of the approach and capabilities necessary to satisfy the requirements of the RFSQ.. Applicants should address the following areas in their letter: Experience: (1) (2) Explain the qualifications your firm has to complete all phases of the operations and management. Describe your experience providing operations and management. References: List three professional references (with current addresses and phone numbers) who are able to provide information regarding your ability to perform the requested services. 41k DownTown Parking Lob Lot 1 - 107 Spaces ASUN 2nd st Lot 2 - 185 Spaces Chestnut/S 2nd/3rd Strs Lot 4 - 39 Spaces N 1st SUA St Free Parking Lot 5 - 18 Spaces S 2nd St Street Parking >® No Parking Two Hour 0 I ® One Hour 11 CZD Parking Analysis Focus Area \y 1 { _ % Y' ® Two Hour CityH Three Hour -�!'^" DownTown Perking Lola' Parking Ana tysis Focus Area—" \. MAIO Parking 880 Not Posted \` �i0Y8 Under Construction Lot 1 - 107 Spaces A SUN 2nd st Lot 2- 185 Spaces Chestnut/S 2nd/3rd Sirs Lot 4- 39 Spaces N 1st SUASt Lot 5 - 18 Spaces S 2nd St jYakima County Perking ORDINANCE NO. 2009-12 AN ORDINANCE related to parking; amending Yakima Municipal Code, Chapter 9.50 Parking and Rules of Road, reducing the street parking and City lot time limitations in the core Business district; designating new one hour districts on Yakima Avenue between Naches and • 2nd Street; 2nd Street and 3`d streets between Yakima and Chestnut Avenues; the fifteen minute district by the downtown Post Office remains; increasing the fees paid in City -owned parking lots 1,2 and 4; reducing the period for free from three hours to two hours and charging $1.00 for each additional hour; decreasing the percentage of parking spaces available for long- • term parking permits in City -owned lots from 50% to 30% of the spaces in each respective lot; and increasing the costs of long- term parking permits from $60.00 per calendar quarter to $120.00 per calendar quarter. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 9.50.080 of chapter 9.50 of the City of Yakima Municipal Code is hereby amended to read as follows: 9.50.80Parking time limited in core business district. When signs are erected in eachblock giving notice thereof, no person shall park a vehicle for longer than two consecutive hours between the hours of eight a.m. and six p.m. of any day except Saturdays, Sundays and public holidays on any street within the area bounded on the west by the centerline of 1st Street, on the south by the centerline of Walnut Street, on the east by the centerline of Naches Avenue, and on the north by the centerline of "B" street; and for the purpose of this section, it is unlawful for any person to move a vehicle from any public parking location on any street within the above described area and to park that vehicle at any other public parking location on any street within that area in such a manner so that the accumulated parking time exceeds two consecutive hours. New one hour districts are designated on Yakima Avenue between Naches and 2nd Street; 2nd and 3rd Streets between "A' Street and Chestnut Avenue; and, 4th Street between Yakima and Chestnut Avenues. The fifteen minute district by the downtown Post Office remains. (Ord. 2005-04 § 1, 2005: Ord. 2001-03 § 1, 2001: Ord. 2735 § 2 (part), 1983). Section 2. Section 9.50.215 of chapter 9.50 of the City of Yakima Municipal Code is hereby amended to read as follows: 9.50.215 Parking fees for city -owned parking Tots. A. The following fees shall be paid by any person who parks a vehicle in a city -owned parking lot (Lots 1, 2 and 4). Lot 5 is free at all times: 0-2 hours Free; One dollar an hour for each additional hour or part thereof; Provided, that no person shall park a • vehicle in such parking lot between eight a.m. and five p.m. for more than an aggregate of two hours 1 without paying the proper fee except on days designated in subsection B of this section as exempt. Such fee shall be deposited in a meter station in the parking lot. B. The fee schedule in subsection A of this section shall be in force during the hours from eight a.m. and five p.m., Monday through Friday, with the exception of, the following holidays, Saturdays and Sundays: New Years Day January 1 Martin Luther King Jr. 3rd Monday in Birthday January Washington's Birthday 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day 1st Monday in September Veteran's Day November 11 Thanksgiving Day 4th Thursday in November Christmas Day December 25" (Ord. 2005-04 § 3, 2005: Ord. 2001-03 § 2, 2001: Ord. 99-6 § 2, 1999: Ord. 3298 § 2,1990). Section 3. Section 9.50.220 of Chapter 9.50 of the City of Yakima Municipal Code is hereby amended to read as follows: 9.50.220 Long-term parking permits. A. Issuance of Permits. The issuance of permits to authorize long-term vehicular parking in parking Tots owned by the city, shall be administered by the. city department of finance and budget according to the following rules and regulations: 1. The number of Tong -term permits to be issued for parking in any lot shall not exceed thirty percent of the parking spaces in each respective lot. The Yakima city director of finance and budget is authorized to determine the number of permits to be applicable to various lots from time to time, within the limitations and according to the authority, rules and regulations of this section and consistent with the Ordinance establishing the Parking Commission and its duties, Chapter 9.49 YMC. When quotas are filled, subsequent applications will be placed on file, a waiting list will be established, and permits will be issued as openings occur. 2. Permits shall be issued only upon the written application of a resident residing within, or an owner, manager or employee of a business or governmental agency located within the area bounded by the following streets: "B" Street on the north; Naches Avenue on the east; Walnut Street on the south; and First Street on the west. 3. No more than one long term parking permit may be issued to the resident of each residential unit within the area described in subsection 2 (A)(2) of this section. A "residential unit" means a housing unit in which all persons reside as a single group, such as a family, whether in a single or multiple dwelling. 4. Application shall be made on forms furnished by the office of the director of finance and budget. Said application forms shall require, at a minimum, the following information and documentation: a. Name, address, and telephone number of the applicant; b. Make, model, and year of the passenger motor vehicle or pickup truck, which vehicle shall not exceed fourteen thousand pounds in gross weight, which is registered to the applicant and for which the permit is sought; c. In the case of a resident applying for a permit, the names of those persons living in the same residential unit as the applicant; d. A copy of the current vehicle registration; e. A copy of the applicant's current driver's license; f. A copy ofthe applicant's current proof of insurance in the form required by RCW 46.30.030; g. A representation that the vehicle is operable and may be legally driven on the public highways of Washington State; and h. Such other information as the director of finance and budget or her/his designee may deem necessary in complying with the terms of this section. 5. The issuance of a permit does not reserve a parking space in the parking lot and each applicant for a permit shall acknowledge in writing that no such space is reserved and that the issuance of a permit by the city does not guarantee the availability of a parking space at all times or at any particular time. 6. Each permit shall have designated thereon the parking lot for which the permit is valid, and the attempted use of a permit for parking in a lot other than designated on the permit shall not afford the parking privileges which otherwise may be enjoyed by the permit holder. 7. Permits will be issued on a quarterly calendar basis only, to expire on the last day of the months of March, June, September, and December of each year. 8. The fee for a long-term parking permit shall be one hundred and twenty dollars per calendar quarter to be paid to the director of finance and budget at the time a new permit is issued, or at the time of making application for a renewal. The fee for a new permit to expire in less than three calendar months will be prorated at the rate of forty dollars for any full or partial calendar month remaining in the calendar quarter. No fee will be prorated for less than one full calendar month. 9. Permits may be renewed on or after the twenty-fifth day of the month of expiration; applications for renewals will not be accepted prior to the twenty-fifth day of the month of'expiration. 10. No new permits will be issued during the periods of time between March 25th and April 5th; June 25th and July 5th; August 25th and September. 5th; and December 25th and January 5th of each year. Renewal permits only will be issued during those time periods. 11. Applications by mail for renewal will not be accepted unless applicant has made prior arrangement therefore with the office of the director of finance and budget. 3 12. Failure of a permit holder to apply for renewal within the renewal period specified by these rules may result in the loss of that permit to the next applicant therefor on the waiting list. 13. Permits will be cancelled on the application by the permit holder for such cancellation, and the unused permit fee will be refunded as prorated at the rate of forty dollars per month for each full calendar month remaining in the period for which the permit was issued. No refund will be made for a partial calendar month. 14. Permits shall not be issued to persons with outstanding city of Yakima parking violations. 15. The Yakima city director of finance and budget is authorized to adopt such further rules and regulations, not inconsistent with rules and regulations of this subsection, as the director deems necessary or advisable to administer the permit system authorized, adopted by this subsection and as consistent with the Ordinance establishing the Parking Commission and its duties, Chapter 9.49 YMC. B. A vehicle displaying a valid parking permit issued pursuant to this section may remain parked in any parking space in the parking lot designated on the permit, without paying a parking fee, for a period of time not to exceed twenty-four consecutive hours; provided, however that said time restriction shall not apply to long-term parking permits issued to residents under this section. The permit must be displayed within the parked vehicle in such a manner as to be plainly visible and legible from a point outside the vehicle near the driver's position. (Ord. 2005-04 § 4, 2005: Ord. 2004-02 § 1, 2004: Ord. 2003-39 § 3, 2003; Ord. 99-6 § 1, 1999: Ord. 3298 § 1, 1990: Ord. 2935 § 1, 1986: Ord. 2735 § 2 (part), 1983). Section 4. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. This ordinance shall be in full force and effect 90 days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 7th day of April, 2009. ATTEST: /s/ Deborah Moore City Clerk Publication Date: 4/10/09 Effective Date: 7/9/09 /s/ David Edler 4 David Edler, Mayor •ITY OF YAKIMA Parking Enforcement Revenues and Expenditures Ten Year Comparison --2000-2009 (Budget) 2009 2008 2007 2006 2005 2004 2003 2002 .2001 2000 Budget Actual Actual Actual Actual Actual Actual Actual Actual Actual General Fund Revenue Citations/Penalties 100,000 102,320 $ 69,785 $ 43,272 $ 59,199 $ 95,517 $103,781 $138,130 $162,720 $189,451 Special Use Permits 150 88 102 298 276 636 748 1,671 2,769 2,142 Total General Fund Revenue 100,150 102,408 69,887 43,570 59,475 96,153 104,529 139,801 165,489 191,593 General Fund Expenditures: Variable Costs: Salaries & Benefits 1 79,286 74,057 43,879 58,565 91,816 . 76,494 81,272 92,759 110,851 110,661 Vehicles Expense - - 325 11,800 13,430 12,502 Other Operating Expense 4,655 2,255 978 1,252 1,387 2,595 2,058 3,141 6,236 6,680 Pacific Power (Lighting in Public lots) 18,692 16,044 16,268 16,205 16,808 15,427 16,390 15,780 18,692 20,000 Total General Fund Expenditures 102,633 92,356. 61,125 76,022 110,011 94,516 100,045 123,480 149,209 149,843 General Fund Net Revenues 2 $ (2,483) $ 10,052 $ 8,762 $ (32,452) $ (50,536) $ 1,637 $ 4,484 $ 16,321 $ 16,280 $ 41,750 Parking Revenues - Other Funds: Lots - Hourly Fees 3 $ 2,500 $ 2,479 $ 2,406 $ 2,209 $ 7,298 $ 19,179 $ 24,171 $ 26,664 $ 34,458 $ 56,089 Lots - Permits 4 30,800 29,855 22,848 25,634 36,883 49,518 40,415 39,058 35,213 30,832 Total Revenue - Other Funds 33,300 32,334 25,254 27,843 44,181 68,697 64,586 65,722 69,671 86,921 Parking Expenditures - Other Funds: Striping - Two 2nd St Parking Lots - 4,640 - - - Net Parking Revenues - Other Funds $ 33,300 $ 27,694 $ 25,254 $ 27,843 $ 44,181 $ 68,697 $ 64,586 $ 65,722 $ 69,671 $ 86,921 1 This includes an allocation of the parking supervisory personnel. 2 Finance staff maintains the parking ticket computer system and collects payment of the fines. The cost of this function is not included in this analysis. 3 This parking revenue goes to Parks & Recreation to maintain downtown area landscaping. (Annual cost for this slightly over $50,000--YDA has contributed to this program in the past, but not to the full extent of the cost.) 4 This parking revenue goes to CBD Capital Improvement Fund. CDY has received $50,000 in each of 2008 and 2009 from this fund, and the monthly parking permits represent the only ongoing revenue in this fund_ 1/22/2009 Parking Rev 2000 thru 2009 Budget A\ P' rOHOUR P.M CHO OURS FRU PER PURCHASE 5 AM AM PRE Pff AM- ©MAL ©z©©N MONDAY PIRAoar PNR K©@ ?RENEW ©REM 0 0 1 PURCHAS NECESSARY u L ❑ �J �J 2 HOURS FREE Mr INSTRUCTIONS TO PAY METER COIN PAYMENT INSERT COINS TO ADD TIME NO CHANGE GIVEN NO REFUNDS ACCEPTS NICKELS, DIMES, QUARTERS, DOLLAR COINS CREDIT / DEBIT CARD PAYMENT INSERT CARD FACE UP AND REMOVE QUICKLY � PRESS BUTTONS ABOVE TO ADD TIME BUY 1 BUY 25 /PRESS GREEN BUTTON TO VALIDATE TRANSACTION AND PRINT RECEIPT 6) VISIBLY DISPLAY RECEIPT INSIDE OF VEHICLE ON DASHBOARD MP 104 Compact GENERAL TECHNICAL DATA CABINET AND PEDESTAL Dimensions (HxWxD) Construction Vault design - Door - Side steel - Cash vault door - Locking plates Weight Paint 1670x 410x 300 mm (65.7" x 16" x 11.8") 2 mm (0.08") stainless steel SS-EN2333 2 -door security design 3mm(0.118") 4 mm (0.16") armoured steel 6 point locking mechanism Drill protection 75-85 kg (165-187 pounds) Powder coated with anti- grafitti paint Compliance EN12414 ENVIRONMENTAL C Operating temp. - Solar — Vain with heater Relative humidity ELECTRICAL DATA Power consumption - Mains operation - One heater - Two heaters Battery operation Solar operation DATA Data storage Transactions storage Transaction backup INTERFACES Standard Optional PAYMENT Magstripe cards Chip/smart cards Coin verifier Coin slot Escrow volume Coin box volume ONDITIONS - 15 °C to 60 °C (0 °F to 140 °F) - 35 °C to 60 °C (-31 °F to 140 °F) Up to 95% 230 V 0.2 A 0.5 A 1A 12VDC` 10.5Wto20.5W"' 115 V 0.4 A 1A 2A 512 KB static RAM Up to 16 MB 5000 latest transactions 2 x RS232, 2 x PC card slots 1 x RS232, 1 x RS485 8 relay input circuits 8 relay output circuits Swipe and insertion readers Supported 15 coin types, 3 tolerance ranges Unique mechanical coin slot shutter with inductive loop. 0.2 I (6.8 ounces) 4.6 I (155 ounces), with SW - controlled overfill protection OPERATION Push buttons Keypad Display RECEIPT PRINTER Printer type Capacity Characters Paper cutter Take ticket sensor COMMUNICATION GPRS, GSM, PSTN Type of data Magnetically actuated Reed switches Internal: Mechanical -stroke External: Piezo 2 x 20 characters Light sensor 2 programmable LEDs - Yellow (warning) - Red (alarm) Thermoelectric Up to 9000 per refill Proportional font, up to 80 char/line Complete cutting Optional All supported Transactions, blacklists, tariffs, parameters, statistics, alarms, etc. NETWORK No. of nodes Up to 10 Applications MEMO and Real -Time Payment (shared database) CENTRAL ADMINISTRATION Software C -Argus *) Period of operation depends on ticket purchase volumes. **) Operation time on battery depends on size and position of the solar panel and the geographical location. Specifications are subject to change without notice. IN CALE ACCESS Certified according to ISO 9001 and 14001 www caleaccess.com CALE WEBOFFICE SYSTEM DESCRIPTION Cale WebOffice is a web -based application designed to monitor, programme and con- trol Cale pay and display terminals. Cale WebOffice supports the Cale MP 104 plat- form. Cale WebOffice offers the best possible application format by allowing users to access back office functions via thf, Internet through a standard PC or MAC with a web browser installed. The software modules are department oriented for man- agement, finance, maintenance, operation and administration. CALE Cale WebOffice includes the modules WebOffice today, Finance, Maintenance, Operation and Administration. Each module can contain an unlimited number of users with different access privileges to submodules and data which makes the application flexible and user friendly. All modules can export data as MS Excel files. Cale WebOffice Today, the common start page for all users, presents various type of information. A user with the correct user privileges can get the operation status from the Terminals Module. This module provides di- rect links to all other modules and also to real time reports. The Finance Module gives access to financial data to follow up, to compare against other systems and for report creation. Reports are created automatically and shown in real time. SYSTEMS OVERVIEW The Maintenance Module is designed to minimize downtime and maximize the availability of the on street terminals. This is realized in real time and Cale WebOffice also automatical- ly forwards alarms received from the terminals as e-mail. The forwarding rules can be filtered on work schedule and type of alarm. The module also has smart filtering and sorting func- tion for tracing recurring problems. The Operation Module contains all information regarding company, terminal groups, terminals and users. Only a user with administrator privileges can modify informa- tion in the Operations Module. The system administrator has full control over users, access privileges and reporting op- tions. MP 104 GATEWAY CORE SYSTEM INTEGRATION SERVICES WEB SERVICES USERS All communication with the terminals is made through the Gateway Module. This module makes the central system independent of the communication method used. The Core System handles sent and received queries in a fast and secure environment. All data used in the system are stored securely in a database and are accessible from the ap- plication modules. Cale WebOffice can be adapted to work with different types of data bases. The Core System handles all requests from the terminals and processes the requests by exchanging data with the database or third party services (also called business to business, B2B) via the Intergration Services Module. Cale WebOffice can run applications based on data from other systems. These sys- tems can be used to connect the terminals to a payment sys- tem, to use third party applications or simply to interact and exchange data with other management systems. The Web Services Module handles the Cale WebOffice user interface that can include the customer's own logotype. The administrator can assign different access levels and privileges to users. SECURITY Security is a key issue with web based applications. The Cale WebOffice. together with the hosting environment, is built as a true enterprise platform with a secure and flex- ible architecture that complies with the international standards ICO/IEC 17799:2005 "Information Technology - Code of prac- tice for information security management". Cale WebOffice uses the Microsoft Internet Information Services (IIS) 6.0, Microsoft Windows 2003 Server Operating System, a powerful fire wall, advanced security filters, user authorization, IP address grant and deny restrictions, client and server digital certificates, 128 bit SSL, https protocol, in- formation back-up, disaster recovery, and more. All this ensure that Cale WebOffice complies with the high- est standards of security for applications and information processing. SSL is an abbreviation for Secure Sockets Layer, a communi- cation security standards issued by Verisign. All mainstream web browsers such as Internet Explorer, Netscape, Opera and AOL support the SSL protocol. The SSL encrypts all data transmitted between a browser and a web server and vice versa. 128 bit SSL is also referred to as strong SSL security. The 128 bit is the size of the encryption key used to encrypt the data being passed between a web browser and a web server. A 128 -bit SSL key is large and very difficult to crack and is therefore known as strong SSL security. Cale WebOffice has an SSL certificate which secures data transmission. Web browsers can connect to web servers via http (Hyper Text Transfer Protocol) and https (Hyper Text Transfer Protocol Secure) connections. Connecting via https means that the user has to enter https:// before the domain name or click on a link that leads to a se- cure connection. Cale WebOffice uses both https and SSL A connection to Cale WebOffice is always performed using https. When logging in to Cale WebOffice the web browser in- dicates that the session is secured by strong SSL encryption as it changes the first part of the URL from http to https in the 1 Sign In - Microsoft I File Ea': E:, Favi 41 https:/F, address bar and displays a small padlock in the lower right hand corner of the browser. The Cale WebOffice user can click on the padlock to view and authenticate the SSL certificate. Information backup and disaster recovery Protecting Cale WebOffice data from being affected by hard- ware failure, fire or other disasters is a critical and impor- tant issue. The two methods used to protect data are efficient back-up routines and a detailed recovery plan. The Cale WebOffice has comprehensive backup routines that automatically copy critical data to tape media. The backup is scheduled and includes all necessary files and directories to make a complete system restore. A specific tape backup rotation is used to ensure that all data is protected even if a back up tape should malfunction or be lost. The tapes are stored in a separate, secure location. Disaster recovery planning includes ▪ Minimising the risk of problems occurring • Failure recovery CENTRAL MANAGEMENT The robust security architecture of Cale WebOffice is used consistently across all system components. With Cale WebOffice. the administrator does not have to maintain mul- tiple user data bases. All Cale WebOffice services can easily be managed from a single module that gives users access to application modules, reports etc., with a few mouse clicks. Cale WebOffice produces log reports for monitoring and ana- lysing user access and usage. For example: failed attempts to access a secure file, or specific changes made by a user, are recorded in the Cale WebOffice administration log. ACCESS CONTROL One of the most important issues for Cale WebOffice is pro- viding powerful access control functions for web access to ap- plication modules and reports. Cale WebOffice is designed to make it easy to use a wide range of mechanisms for control- ling access to critical business data, depending on user privi- leges. Web access control mechanisms: • Advanced security filters • User authentication and authorisation Direct server and database access control mechanisms: • IP address grant and deny restrictions • Client and server digital certificates • Automatic log out after a few minutes of user inactivity. CALE er!r'_FSS CALE ACCESS AB PO. BOX 1307 SE -171 25 SOLNA, SWEDEN PHONE: +46 8 629 04 60 FAX: +46 8 92 06 82 INFO@CALE SE WWW.CALEACCESS.COM CONNECTIVITY Cale WebOffice handles all communication to and from Cale MP 104 terminals. File transfers can be scheduled and are then performed periodically without any manual adjustments. The system has built-in support for GPRS and GSM. Cale WebOffice provides an alarm forwarding service via E- mail and SMS according to personal forwarding preferences. ALARMS FORWARDING SERVICE E-MAIL SMS Cale WebOffice user Technician These features can be used for instant reach of mobile users with warning and alarm messages. The E-mail forwarding service is included in the standard package while a separate subscription is required for the SMS forwarding service. Due to continual product development specifications are subject to change without notice Parking Commission Minutes April 16, 2009 Bears Office, 17 N 2nd Street President Larry Hull called the meeting to order at 4:00 p.m. Members Present - Larry Hull, Joe Morrier, Rodney Lewis, Nick Hughes, Mike McMurray City Staff present -Chris Waarvick CDY present - James Stickel, Jamie Lee Stickel, Joe Mann New Business - Mike McMurray made a motion that the Parking Commission recommend to the City Council that a lease agreement for management for the off street parking lots be negotiated with CDY. Rodney Lewis seconded this motion. The motion passed unanimously. The Parking Commission will present this recommendation to the DYFI Committee of the City Council at their next scheduled meeting. Larry Hull made a motion that that Nick Hughes will be the public spokesman for the Parking Commission at least until a contract with CDY is in place. Mike McMurray seconded this motion. The motion passed unanimously. Larry Hull asked if the Parking Commission would like to elect a new president, since he has been president for a year now. Joe Morrier made a motion that Larry remain president. Nick Hughes seconded the motion. The motion passed unanimously. The meeting was adjourned at 4:45 p.m. • • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: October 20, 2009 Consideration of a Resolution authorizing execution of an agreement in substantially the form presented with the Committee for Downtown Yakima (CDY) for downtown public parking lot management SUBMITTED BY: Dave Zabell,'Assistant City Manager Chris Waarvick, Director of Public Works Lawrence Watters, Senior Assistant City Attorney CONTACT PERSON/TELEPHONE: Chris Waarvick, 575-6411 SUMMARY EXPLANATION: Staff respectfully requests Council approval of the attached resolution authorizing the execution of an agreement in substantially the form presented with the Committee for Downtown Yakima (CDY) to manage and operate public off-street parking within the downtown DYBID (Exhibit "A" in contract). CDY's board is scheduled to meet shortly and approve the contract but there may be minor adjustments which will not substantially affect the critical terms of the agreement. The City's Parking Commission made a series of recommendations to the City's Downtown Yakima Futures Initiative Committee and subsequently to the full City Council (agenda attached) including, but not limited to, upgrading five fee stations, creating a downtown parking promotion program, and contracting the operation and management of the four downtown off-street public parking lots. The City Council adopted the Parking Commission's recommendations for Yakima Municipal Code (YMC) amendments on March 24, 2009. A Request for Proposals (attached) was publically offered in June 2009 and CDY responded. Review of the proposal led to the preparation of the attached agreement with CDY for parking management and operations for the downtown lots. It is estimated, and will be budgeted for 2010, that active management of the Tots will generate a minimum of an additional $30,000 annually. (continued.....) Resolution X Ordinance Other (Specify) Additional reference material Contracts X Mail to (name and address): Dan Kelleher, CDY Funding Source: $30,000— 0 CBD Parking Fund APPROVED FOR SUBMITTAL:Y Manager Cit STAFF RECOMMENDATION: Staff respectfully recommends approval of the resolution. BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The City's Parking Commission has recommended that the public downtown parking lots be managed by contract. COUNCIL ACTION: Continued from page 1 The contract allows for mid -2010 review, of the revenue versus expense situation and appropriate adjustment of compensation with Council approval. Under this contract CDY will deliver coins to City Hall, issue parking infraction notices strictly in accord with the YMC (Exhibit "B" in contract), 'and see to the upkeep and minor maintenance of four lots and pay stations. The City will still manage collection of parking fines, long-term parking permits, and initiate towing. The new parking meters are installed but have not been activated yet. The promotional and transitional parking education programs await development because the Parking Commission is not in a position to develop. these programs. CDY has demonstrated, in their RFP submittal, that they can accomplish this work. There remains approximately $15,000 from the original $75,000 approved by Council earlier this year.for the parking transition. Expenses to , date are related to purchase and installation of the 5 solar powered pay stations. This remaining amount is to be used for public education and promotional efforts for the start up period. CommDY10 .Non Profit Insurance Program CERTIFICATE: SOF INSURANCE Issue Date: 05/17./2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONVERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUE A CONTRACT BETWEEN THE ISSUING' INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is'an ADDITIONAL INSURED;'Ihe policy(ies) must be endorsed. If SUBROGRATION IS WAIVED; subject-to•the terms and conditions of the'policy, certain coverage _may' require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER COMPANIES AFFORDING.COVERAGE. Canfield 4511 Diamond Drive Ephrata, WA 98823 GENERAL LIABILITY American Alternative Insurance Corporation AUTOMOBILE LIABILITY American Alternative Insurance Corporation PROPERTY American Alternative Insurance Corporation MISCELLANEOUS PROFESSIONAL LIABILITY :INSURED. Committee for Downtown Yakima PO' Box881 Yakima, WA 98907 :COVERAGES THIS IS;TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE COVERAGE PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE.. OFINSURANCE: POLICY NUMBER. :POLICY EFF DATE POLICY EXP DESCRIPTION DATE. LIMITS' GENERAL:LIABILITY City of Yakima COMMERCIAL GENERAL LIABILITY N1-A2-RL10000013-04 06/01/2012. OCCURRENCE FORM INCLUDES STOP GAP (LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) t 06/01/2013 • PER OCCURRENCE' PER MEMBER AGGREGATE PRODUCT-COMP/OP PERSONAL & ADV INJURY ANNUAL POOL AGGREGATE $5,000,000" $10,000,000 .. $5,000,000 $5,000,000 $50,000,000 AUTOMOBILE LIABILITY ANY AUTO N1 -A2 -RL -0000013-04 06/01/2012 (LIABILITY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) 06/01/2013 COMBINED SINGLE LIMIT ANNUAL POOL AGGREGATE $5,000,000 NONE PROPERTY N1 -A2 -RL -0000013-04 06/01/2012 PROPERTY IS SUBJECT TO A $50,000 SIR PAYABLE FROM PROGRAM FUNDS) 06/01/2013 ALL RISK PER OCC EXCL EQ & FL EARTHQUAKE PER OCC FLOOD PER OCC ANNUAL POOL AGGREGATE $50,000,000 EXCLUDED EXCLUDED NONE MISCELLANEOUS PROFESSIONAL LIABILITY.... 06/01/2012 (LIABILITY IS SUBJECT TO A SIR PAYABLE FROM PROGRAM FUNDS) 06/01/2013 PER CLAIM ANNUAL POOL AGGREGATE DESCRIPTION OF OPERATIONS / LOCATIONS./:VEHICLES'/:SPECIAL ITEMS i Regarding the Parking Maintenance Agreement City Contract No. 2009-121 The City of Yakima, its elected & & appointed officials, agents, employees & volunteers are named as Additional Insureds regarding this contract only and are subject to policy terms, conditions, and exclusions. Additional Insured endorsement is attached. CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CERTIFICATE:HOLDER. .,. AUTHORIZEO:REPRESENTAT(VE Dick Zais, Jr , City Manager City of Yakima 129 North Second Street WA 98901 h �� 00/ deg=61-' /(90//)Yakima, 2609744 POLICY NUMBER. N1 -A2 -RL -0000013-04 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following. SCHEDULE COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) Or Organization(s) City of Yakima 129 North Second Street Yakima, WA 98901 Its Elected & Appointed Officials, Agents, Employees & Volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or ",personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 609745 © ISO Properties, Inc., 2004 Page 1 of 1 0