HomeMy WebLinkAbout12/08/2009 11 Committee for Downtown Yakima Professional/Ambassador Services for DYBID BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No II
For Meeting of December 8, 2009
ITEM TITLE. Consideration of a Resolution authorizing execution of an agreement in
substantially the form presented with the Committee for Downtown
Yakima (CDY) for maintenance, management and safety ambassador
services in the Downtown Yakima Public Improvement District (DYBID)
SUBMITTED BY Chris Waarvick, Director of Public Works
Jeff Cutter, City Attorney
CONTACT PERSON/TELEPHONE. Chris Waarvick, 575-6411
SUMMARY EXPLANATION
Staff respectfully requests approval of the attached resolution authorizing the City Manager to
execute an agreement in substantially the form presented for maintenance, safety
ambassador and managerial services with the Committee for Downtown Yakima (CDY) This
agreement identifies the obligations of. CDY and the City with respect to downtown
maintenance and safety within the new, larger Downtown Yakima Business Improvement
District (DYBID, adopted by Council on August 6, 2008) CDY's Board is scheduled to meet
shortly and approve the agreement but there may be minor adjustments which will not
substantially affect the critical intent of the agreement.
The DYBID generates approximately $215,000 annually in assessments and special business
license fees. The City contributes an additional $50,000 directly to those purposes spelled out
in the Scope of Services The City also pays for the irrigation water, pedestrian lighting costs,
and refuse disposal
This contract has been consolidated from lengthier previous versions which had been brought
before Council over the last three years; originally approved by Council on April 17, 2007
Resolution X Ordinance Other (Specify) Map
Contracts X Mail to (name and address) Dan Kelleher, CDY
•
Funding Source CBD Fund $50,000
APPROVED FOR SUBMITTAL. City Manager
STAFF RECOMMENDATION Staff recommends approval of the attached Resolution
BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Downtown Yakima Futures
Initiative (DYFI) Committee has expressed approval of the work performed under contract and
has recommended the full $50,000 funding for 2010 at their October 28, 2009 meeting. City
Council voted on 12/01/09, at the 2010 Budget Wrap-Up session, to restore the budget
allocation to the original $50,000 level
COUNCIL ACTION
RESOLUTION NO R-2009~
A RESOLUTION authorizing the City Manager of the City of Yakima to execute the "CDY
Agreement for Professional and Ambassador Services for the City of
Yakima" to provide maintenance, management and safety ambassador
services in the Downtown Yakima Public Improvement District (DYBID)
WHEREAS, the City of Yakima has a deep and abiding interest in the maintenance,
beautification and preservation of the City's Downtown Core; and
WHEREAS, the City has authorized the DYBID fund, and also contributes directly for,
essential downtown maintenance services for renovated public amenities m downtown Yakima,
and
WHEREAS, it is essential that services be provided to maintain, manage and provide
safety ambassador services for the Downtown Yakima Business Improvement District (DYBID)
established in 2008, and
WHEREAS, the Coouoittee for Downtown l/a}dzno (CDY) has the resources and
expertise to provide maintenance and safety management that is necessary to keep the City's
Downtown Yakima Business Improvement District attractive, clean and safe, and
WHEREAS, CDY has performed the Scope of Services over the last three years in a
manner strongly supportmg this contract renewal for 2010, and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the "CDY Agreement for Professional and Ambassador Services" with the Committee
for Downtown Yakima, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The City Manager is hereby authorized and directed to execute in substantially the same
form but with modifications as necessary, the attached and incorporated "CDY Agreement for
Professional and Ambassador Services for the City of yakizna" to provide maintenance,
management and safety ambassador services in the Downtown Yakima Public Improvement
District (DYBID)
ADOPTED BY THE CITY COUNCIL thisdayo{Decembcz2009
AITE87. David Edier, Mayor
City Clerk
CDY AGREEMENT
FOR PROFESSIONAL AND AMBASSADOR SERVICES
for
City of Yakima, Washington
This agreement is made and entered into on this day of December, 2009, between
the City of Yakima, Washington, a Washington municipal corporation (hereinafter
referred to as "CITY"), and Committee for Downtown Yakima, a Washington non-profit
corporation (hereinafter referred to as "CDY")
CITY and CDY for mutual consideration hereinafter set forth, agree as follows:
OBJECTIVES
A. To provide administrative, management and maintenance services and
beautification programs in downtown Yakima and to fulfill the agreements and
obligations set forth in the-Section 11 Scope of Services below and as further specified in
Exhibit "A," Section 1- - - - , • - - , - - .
B. To provide ambassador services in downtown Yakima, as specified in the
Exhibit "A," Section 11. --ee e ..-• •.• Z, e•- e-- e
SCOPE OF SERVICES
A. CDY agrees to perform consulting, management, administrative, advisory and
maintenance services for the CITY as set forth generally below, and as further specified
in Exhibit "A" I, attached hereto and incorporated herein by this reference.
1 Develop, implement and provide daily management of maintenance and
beautification programs within the Central Business District (defined for purposes of
this entire Agreement as the downtown areas within the Downtown Yakima Business
Improvement District (DYBID)
2. Contract for, manage and/or provide for the provision of planting and landscape
services in the Central Business District.
3 Contract for and/or provide daily oversight of safety ambassador and maintenance
ambassador programs.
4 Contract for and/or provide other works and services necessary to fully comply with
the mutual agreements of the parties.
5 Provide accurate and timely RFP specifications to the CITY for all work requiring
public bidding prior to contracting in accord with federal and state laws. The CITY
shall conduct all necessary bidding processes based upon the RFP's CDY provides,
and shall provide CDY with the successful bidder's identification in order that CDY
can formally contract therewith for the provision of the services required.
6 Develop and implement a progressive volunteer program to expand the Central
Business District beautification efforts.
7 Provide CITY with copies of all contracts executed by CDY with contractors and
vendors that are necessary for the provision of the materials and labor required
under the terms of this Contract (i e. flower baskets).
8 Provide the City with detailed status summaries on July 1 and December 31 of each
contract year detailing all work efforts and management services provided in
compliance with the agreements set forth herein, as well as a description of
proposed management services that will be provided under this contract.
It is understood that CDY shall contract for all necessary labor and materials in
compliance with accepted Washington public works and DYBID bidding practices.
B. CDY agrees to provide safety ambassador services in the form of foot and/or
bike patrol within the DYBID downtown district, said ambassadors to act as the eyes and
ears of the Yakima Police Department, as well as providing concierge services to
individuals using the Yakima downtown area together with the specific duties set forth in
Exhibit "A" II, attached hereto and incorporated herein by this reference.
PAYMENT
A. Consultant, Management, Administrative, Advisory and Maintenance Services
1 As compensation for the managerial, administrative, advisory and
maintenance services provided by CDY the CITY agrees to pay CDY as set forth
in Paragraphs III A. and III B. The maximum total fees and expenses payable by
the CITY from General Fund revenues to CDY for CDY'S managerial,
administrative, advisory and maintenance services provided under this contract
shall not exceed Fifty Thousand Dollars ($50,000 00)
2. No payment shall be made through this Contract for any consultant,
managerial, administrative, maintenance and advisory work performed by CDY,
except for work identified and set forth in this Contract or supporting exhibits or
attachments incorporated by reference into this Contract.
B. Downtown Yakima Business Improvement District Funds
1 In addition to the City's General Fund allocation identified in paragraph
A, above, the CITY agrees that CDY will receive all groccnet assessment
revenue and unallocated fund reserves from the "Downtown Yakima Business
Improvement District" (DYBID) collected during each contract year The City
assesses a service charge by standard formula to reflect cost to manage the
DYBID assessment.
The maximum total fees and expenses payable by the CITY to CDY under this
contract shall not exceed the combination of the annual grass-net revenue of the
DYBID and the DYBID unallocated fund reserves, together with the Fifty
Thousand Dollars ($50,000 00) in General Fund revenues identified in paragraph
A above
2. No payment shall be made for any work performed by CDY, except
for work identified and set forth in this Contract or supporting exhibits or
attachments incorporated by reference into this Contract.
C General provisions applicable to all services provided
1 CDY shall, in accord with the rates set forth herein, submit invoices to
the CITY not more often than once per month during the progress of the work for
partial payment of work completed to date Invoices shall cover the time CDY
performed work for the CITY during the billing period. The CITY shall pay CDY
for services rendered in the month following the actual delivery of the work and
will remit payment within thirty (30) days from the date of receipt of billing.
2. CDY shall not be paid for services rendered under the Contract unless
and until they have been performed to the satisfaction of the CITY
3. In the event CDY has failed to perform any substantial obligation to be
performed by CDY under this Contract and such failure has not been cured
within ten (10) days following notice from the CITY, then the CITY may, in its sole
discretion, upon written notice to CDY, withhold any and all monies due and
payable to CDY, without penalty, until such failure to perform is cured or
otherwise adjudicated. "Substantial" for purposes of this Contract means
faithfully fulfilling the terms of the contract with variances only for technical or
minor omissions or defects.
4 Unless otherwise provided for in this Contract or any exhibits or
attachments hereto, CDY will not be paid for any billings or invoices presented
for payment prior to the execution of the Contract or after its termination.
IV RETAINER
Retainer is waived for CITY
V STANDARD PROVISIONS
1 TERM OF CONTRACT
The term of this Contract shall begin on the date last executed below, and shall
terminate on December 31, 2010, unless terminated earlier by the CITY in accordance
with paragraph 6 of this Section of this Contract. This Contract may be renewed annually
by action of the City Council with the mutual agreement of both parties.
2. CONTRACT REPRESENTATIVES
Each party to this Contract shall have a contract representative. Each party may
change its representative upon providing written notice to the other party The parties'
representatives are as follows:
a. For CDY
Name of Representative. Dan Kelleher
Title. Executive Director
Mailing Address. 115 N. 3 Street
City, State and Zip Code: Yakima, WA 98901
Telephone Number 509-225-2485
E-mail Address: dan@downtownyakima.com
b. For CITY
Name of Representative. Chris Waarvick
Title Public Works Director
Mailing Address. 2301 Fruitvale Blvd.
City, State and Zip Code Yakima, WA 98902
Telephone Number 509 575-6005
Fax Number 509 575-6238
E-mail Address. cwaarvick@ci.yakima.wa.us
3 AMENDMENTS AND CHANGES IN WORK
a. In the event of any errors or omissions by CDY in the performance of any
work required under this Contract, CDY shall make any and all necessary corrections
without additional compensation. All work submitted by CDY shall be certified by CDY
and checked for errors and omissions. CDY shall be responsible for the accuracy of the
work, even if the work has been accepted by the CITY
b. No amendment, modification or renewal shall be made to this Contract unless
set forth in a written Contract Amendment approved by City Council, signed by both
parties and attached to this Contract. Work under a Contract Amendment shall not
proceed until the CITY has duly executed the Contract Amendment.
4 HOLD HARMLESS AND INDEMNIFICATION
a. CDY shall hold harmless, indemnify and defend the CITY, its officers, officials,
employees and agents, from and against any and all claims, actions, suits, liability,
losses, expenses, damages, and judgments of any nature whatsoever, including costs
and attorneys fees in defense thereof, for injury, sickness, disability or death to persons
or damage to property or business, caused by or arising out of CDY'S acts, errors or
omissions in the performance of this Contract. Claims shall include, but not be limited
to, claims that information supplied by CDY infringes any patent, copyright, trademark,
trade name, or otherwise results in an unfair trade practice PROVIDED HOWEVER,
that CDY'S obligations hereunder shall not extend to injury, sickness, death or damage
caused by or arising out of the sole negligence of the CITY, its officers, officials,
employees or agents PROVIDED FURTHER, that in the event of the concurrent
negligence of the parties, CDY'S obligations hereunder shall apply only to the
percentage of fault attributable to CDY, its employees or agents.
b In any and all claims against the CITY, its officers, officials, employees and
agents by any employee or contractor of CDY, anyone directly or indirectly employed by
any of them, or anyone for whose acts any of them may be liable, the indemnification
obligation under this Section shall not be limited in any way by any limitation on the
amount or type of damages, compensation, or benefits payable by or for CDY under
Worker's Compensation acts, disability benefits acts, or other employee benefits acts, it
being clearly agreed and understood by the parties hereto that CDY expressly waives
any immunity CDY might have had under such laws. By executing the Contract, CDY
acknowledges that the foregoing waiver was mutually negotiated by the parties and that
the provisions of this Section shall be incorporated, as relevant, into any contract CDY
makes with any contractor or agent performing work hereunder
c. CDY'S obligations hereunder shall include, but are not limited to,
investigating, adjusting and defending all claims alleging loss from action, error or
omission, or breach of any common law, statutory or other delegated duty by CDY,
CDY'S employees, or agents.
5. INSURANCE
a. Workers' Compensation: CDY shall maintain workers' compensation
insurance as required by Title 51, RCW, and shall provide evidence of coverage to the
CITY If CDY has employees, CDY shall request the Washington State Department of
Labor and Industries,. Workers' Compensation Representative, send written verification
to CITY that CDY is currently paying Workers' Compensation.
b Commercial General Liability CDY shall maintain Commercial General
Liability, or a combination of Commercial General Liability and Umbrella Liability
coverage for bodily injury, personal injury and property damage, subject to limits of not
1 less than $24,000,000 per tessoccurrence The general aggregate limit shall apply
separately to this Contract and be no less than $2,000,000
CDY shall provide Commercial Genera. coverage that does not
exclude any activity to be performed in fulfillment of this Contract. Specialized
forms specific to the industry of CDY will be deemed equivalent provided
coverage is no more restrictive than would be provided under a standard
Commercial General Liability policy, including contractual liability coverage
CDY'S Commercial General Liability insurance shall include the CITY, its
officers, officials, employees and agents with respect to performance of services,
and shall contain no special limitations on the scope of protection afforded to the
CITY as an additional insured.
iii. CDY shall furnish the CITY with evidence that the additional insured
provision required above has been met. An acceptable form of evidence is an
Acord certificate of insurance with the endorsement page(s) of the policy showing
the CITY as an additional insured attached
iv If CDY'S liability coverage is written as a claims made policy, then CDY
must evidence the purchase of an extended reporting period or "tail" coverage for
a three-year period after project completion, or otherwise maintain the coverage
for the three-year period
- = - - e " - e = • - 9,11 • = • CDY shall also maintain Employers
Liability Coverage (Washington Stop Gap) with a limit of not less than $1 million
c. Automobile Liability CDY shall maintain Business Automobile Liability. or a
combination of Business Auto Liability and Umbrella Liability insurance insurance -with a
limit of not less than $24,000,000, per eaGh-assident-occurrence combined Bodily Injury
and Property Damage liabilitys. Coverage shall include owned, hired and non-owned
automobiles.
d Other Insurance Provisions:
CDY'S liability insurance provisions shall be primary with respect to any
insurance or self-insurance programs covering the CITY, its elected and
appointed officers, officials, employees and agents.
Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the CITY, its officers, officials, employees or agents.
CDY'S insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability
iv CDY shall include all subconsultants as insureds under its policies or
shall furnish separate certificates and endorsements for each subconsultant. All
coverage for subconsultants shall be subject to all of the requirements stated
herein
v The insurance limits mandated for any insurance coverage required by
this Contract are not intended to be an indication of exposure nor are they
limitations on indemnification
vi. CDY shall maintain all required policies in force from the time services
commence until services are completed. Certificates, policies, and
endorsements expiring before completion of services shall be promptly replaced
vii CDY shall require that each contractor entering into contracts to provide
services on behalf of CDY shall include insurance provisions in said contracts
that provide the same insurance coverage that is set forth in this Contract, shall
comply with all provisions of paragraph 5, herein, and shall include such
requirements in all RFP's submitted to the CITY for bidding.
VIII. CDY'S Automobile Liability insurance shall include the CITY, its officers,
officials, employees and agents with respect to performance of services, and
shall contain no special limitations on the scope of protection afforded to the
CITY as an additional insured.
e. Verification of Coverage and Acceptability of Insurers. CDY shall place
insurance with insurers licensed to do business in the State of Washington and having
A.M Best Company ratings of no less than A- VII or better, - - - - -
Washington.
Certificates of Insurance shall show the Certificate Holder as CITY OF
YAKIMA and include c/o of the Office or Department issuing the Contract. The
address of the Certificate Holder shall be shown as the current address of the
Office or Department.
Written notice of cancellation or change shall be mailed to the City's
Contract Representative identified in Section 4 of this Contract
CDY shall fumish the CITY with properly executed certificates of
insurance or a signed policy endorsement which shall clearly evidence all
insurance required in this section prior to commencement of services The
certificate will, at a minimum, list limits of liability and coverage The certificate
will provide that the underlying insurance contract will not be canceled or allowed
to expire except on thirty (30) days prior written notice to the CITY
iv CDY or its broker shall provide a copy of any and all insurance policies
specified in this Contract upon request of the CITY
6 TERMINATION
a. The CITY may terminate this Contract in whole or in part whenever the CITY
determines, in its sole discretion, that such termination is in the best interests of the
CITY The CITY may terminate this Contract upon giving thirty (30) days written notice
by Certified Mail to CDY'S Contract Representative. In that event, the CITY shall pay
CDY for all costs incurred by CDY in performing the Contract up to the date of such
notice. Payment shall be made in accordance with Section III of this Contract.
b In the event that funding for this contract obligation is withdrawn, reduced or
limited in any way after the effective date of this Contract, the CITY may summarily
terminate this Contract notwithstanding any other termination provision of the Contract.
Termination under this paragraph shall be effective upon the date specified in the written
notice of termination sent by the CITY to CDY After the effective date, no charges
incurred under this Contract are allowable.
c. If CDY breaches any of its obligations hereunder, and fails to cure the breach
within ten (1 0) days of written notice to do so by the CITY, the CITY may terminate this
Contract, in which case the CITY shall pay CDY only for the costs of services accepted
by the CITY, in accordance with Section III of this Contract. Upon such termination, the
CITY, at its discretion, may obtain performance of the work elsewhere, and CDY shall
bear all costs and expenses incurred by the CITY in completing the work and all
damages sustained by the CITY by reason of CDY'S breach.
7 NO CONFLICT OF INTEREST
CDY represents that it and its employees do not have any interest and shall not
hereafter acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance of this Agreement. CDY further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
8 ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
a. CDY shall perform the terms of the Contract using only its bona fide
employees or agents, and the obligations and duties of CDY under this Contract shall
not be assigned, delegated, or subcontracted to any other person or firm without the
prior express written consent of the CITY
b CDY warrants that it has not paid nor has it agreed to pay any company,
person, partnership, or firm, other than a bona fide employee working exclusively for
CDY, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Contract.
9 NON - WAIVER OF RIGHTS
The parties agree that the excuse or forgiveness of performance, or waiver of
any provision(s) of this Contract does not constitute a waiver of such provision(s) or
future performance, or prejudice the right of the waiving party to enforce any of the
provisions of this Contract at a later time
10 INDEPENDENT CDY
a CDY'S services shall be furnished by CDY as an Independent consultant and
not as an agent, employee or servant of the CITY CDY specifically has the right to
direct and control CDY'S own activities in providing the agreed services in accordance
with the specifications set out in this Contract.
b. CDY acknowledges that the entire compensation for this Contract is set forth
in Section III of this Contract, and CDY is not entitled to any CITY benefits, including, but
not limited to vacation pay, holiday pay, sick leave pay, medical, dental, or other
insurance benefits, fringe benefits, or any other rights or privileges afforded to CITY OF
YAKIMA employees.
c. CDY shall have and maintain complete responsibility and control over all of its
subconsultants, employees, agents, contractors and representatives No subconsultant,
employee, agent, contractor or representative of CDY shall be or deem to be or act or
purport to act as an employee, agent or representative of the CITY
d CDY shall assume full responsibility for the payment of all payroll taxes, use,
sales, income or other form of taxes, fees, licenses, excises, or payments required by
any City, federal or state legislation which is now or may be enacted during the term of
this Contract as to all persons employed by CDY and as to all duties, activities and
requirements by CDY in performance of the work on this project and under this Contract
and shall assume exclusive liability therefore, and meet all requirements there under
pursuant to any rules or regulations.
e CDY agrees to immediately remove any of its employees, agents or
contractors from assignment to perform services under this Contract upon receipt of a
written request to do so from the CITY'S Contract Representative or designee.
11 COMPLIANCE WITH LAWS
CDY shall comply with all applicable federal, state and local laws, rules and
regulations in performing this Contract.
12. INSPECTION OF BOOKS AND RECORDS
The CITY may, at reasonable times, inspect the books and records of CDY
relating to the performance of this Contract. CDY shall keep all records required by this
Contract for six (6) .years after termination of this Contract for audit purposes.
13 NONDISCRIMINATION
CDY, its assignees, delegates, contractors or subconsultants shall not
discriMinate against any person in the performance of any of its obligations hereunder
on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital
status, veteran status, sexual orientation or the presence of any disability
Implementation of this provision shall be consistent with RCW 49 60 400.
14 OWNERSHIP OF MATERIALS/WORK PRODUCED
a. Material produced in the performance of the work under this Contract shall be
as works for hire as defined by the U S Copyright Act of 1976 and shall be owned by the
CITY This material includes, but is not limited to, books, computer programs, plans,
, specifications, documents, films, pamphlets, reports, sound reproductions, studies,
surveys, tapes, and/or training materials. Ownership includes the right to copyright,
patent, register, and the ability to transfer these rights. The CITY agrees that if it uses
any materials prepared by CDY for purposes other than those intended by this Contract,
it does so at its sole risk and it agrees to hold CDY harmless therefore to the extent such
use is agreed to in writing by CDY
b. An electronic copy of all or a portion of material produced shall be submitted
to the CITY upon request or at the end of the job using the word processing program
and version specified by the CITY
15 DISPUTES
Differences between CDY and the CITY, arising under and by virtue of this
Contract, shall be brought to the attention of the CITY at the earliest possible time in
order that such matters may be settled or other appropriate action promptly taken Any
dispute relating to the quality or acceptability of performance and/or compensation due
CDY shall be decided by the CITY'S Contract Representative or designee All rulings,
orders, instructions and decisions of the CITY'S Contract Representative shall be final
and conclusive, subject to CDY'S right to seek judicial relief pursuant to paragraph 16 of
this Section.
16 CHOICE OF LAW, JURISDICTION AND VENUE
a. This Contract has been and shall be construed as having been made and
delivered within the State of Washington and it is agreed by each party hereto that this
Contract shall be governed by the laws of the State of Washington, both as to its
interpretation and performance.
b Any action at law, suit in equity, or judicial proceeding arising out of this
Contract shall be instituted and maintained only in any of the courts of competent
jurisdiction in the CITY OF YAKIMA, Washington.
17 SEVERABILITY
a. If a court of competent jurisdiction holds any part, term or provision of this
Contract to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations shall be construed
and enforced as if the Contract did not contain the particular provision held to be invalid
b If any provision of this Contract is in direct conflict with any statutory provision
of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall be deemed modified to
conform to such statutory provision.
c. Should the CITY determine that the severed portions substantially alter this
Contract so that the original intent and purpose of the Contract no longer exists, the
CITY may, in its sole discretion, terminate this Contract.
18. NOTICES
Any notices shall be effective if personally served upon the other party or if
mailed by registered or certified mail, return receipt requested, to the addresses set out
in paragraph 2 of this Section. Notice may also be given by facsimile with the original to
follow by regular mail Notice shall be deemed to have been given three days following
the date of mailing or immediately if personally served. For service by facsimile, service
shall be effective upon receipt during working hours If a facsimile is sent after working
hours, it shall be effective at the beginning of the next working day
19 ENTIRE AGREEMENT
The parties agree that this Contract is the complete expression of its terms and
conditions. Any oral or written representations or understandings not incorporated in this
Contract are specifically excluded.
V AUTHORIZED SIGNATORS
Committee for Downtown Yakima
By
Jamie Stickel, Chair of the Board
Date.
City of Yakima
By
R. A. Zais,Jr , City Manager
Date
Exhibit "A"
1. CDY Downtown Maintenance Scope of Work
CDY shall provide for the maintenance and care of shrubs, plants and planter areas,
removal of litter, flower planting, manual plant watering, plant fertilization and weed
removal within the area of the City identified as the Downtown Yakima Business
Improvement District (DYBID) (specifically described in its expanded form by
Ordinance 2007-15, approved by City Council on April 3, 2007, and also referred to a
s the "Central Business District") Other areas also included in this Scope of Work
are the Millennium Plaza and the Park located at the south east comer of South 2'
Street and Yakima Avenue. Specific provisions of this Scope of Work shall include
1 Litter removal from the Central Business District daily, Monday through
Friday inclusive, from all, alleyways, sidewalks and street gutters.
2. From April 1 through October 15 each year lawn areas at the South 2
Street Park, Millennium Plaza, the four small lawn areas on the west side
of South 4 Street, and the planting beds and islands within the Central
Business District shall be irrigated daily The trees along Yakima Avenue
from 1 Street to 9 Street shall be irrigated by operation of the irrigation
timers for that area.
3. On a regularly monthly basis weed control shall be provided for planting
beds, islands, tree wells, flowerpots and sidewalk cracks.
4 On a weekly basis lawn areas described in paragraph 2 above shall each
be mowed, trimmed and sidewalk areas adjacent to same cleaned of
cuttings and debris.
5 Each year annual plants and flowers shall be provided in the planting
areas, pots, and hanging baskets within the Central Business District
area to create an attractive eye-appealing environment. The quantity and
location of annual plants and flowers will be determined by the resources
available.
6 The lawn areas described in paragraph 2, above, shall each be fertilized
no less than two times per year
7 During the fall, dead vegetation and leaves shall be removed from the
planting areas, Millennium Plaza and the parks identified above within
the Central Business District and planting pots emptied of dead
vegetation to maintain an orderly appearance through the winter
8 During the winter months snow and ice shall be removed from walkways
around the parking lots and from each pedestrian comer within the
Central Business District. Snow removal shall be initiated whenever an
accumulation of two or more inches of snow occurs, and shall include ice
control on the stated areas, as necessary, to provide safe footing.
jc(cont)/CDY Services Agree. 1
9 Sidewalks shall be swept weekly throughout the year, with pressure-
washing where and when required to maintain a clean appearance
Sidewalks shall also be cleaned within twenty four (24) hours of the
conclusion of downtown public events, including but not limited to the
basketball tournament, vehicle cruise nights, Farmer's Market, and
parades. The CDY and the City will develop an event permit process that
includes a clean up deposit for major events.
10 The sidewalk trash receptacles within the Central Business District, as
defined in this Memorandum of Understanding, shall be emptied weekly,
at a minimum, to avoid spillover The City will provide trash bags and
free dumpster space to dispose of the trash.
11 Graffiti shall be removed by painting, using solvent and pressure washing,
as is appropriate All graffiti shall be removed within twenty four hours of
occurrence on weekdays.
The City will retain responsibility for repair and replacement of all landscape
infrastructure Including, but not limited to pots, planters, hanging baskets and irrigation
systems.
11. CDY Downtown Safety Ambassador Program
The CDY Safety Ambassadors shall provide security and ambassador services in the
form of bicycle and foot patrols. The patrol is intended to prevent, deter and report
illegal activities. The Ambassadors shall assist visitors, tenants and residents in the
Downtown area by answering questions and distributing maps and information about the
downtown area, helping to make downtown visitors feel comfortable. The Safety
Ambassadors shall maintain communication with the police and shall report illegal
activities to them The Safety Ambassadors shall have assigned routes within the
Downtown area and shall patrol from June through October of each contract year
jc(cont)/CDY Services Agree. 2
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