HomeMy WebLinkAbout10/20/2009 08 Public Parking Lot Management Agreement with Committee for Downtown Yakima BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1111 Item No.
For Meeting of: October 20, 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 downtown public parking lot management
SUBMITTED BY: Dave Zabell,'Assistant City Manager
Chris Waarvick, Director of Public Works
Lawrence Welters, 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
41110 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 - 29.1.0 CBD Parking Fund
APPROVED FOR SUBMITTAL: City Manager
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.
•
RESOLUTION NO. R -2009-
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 _day of October, 2009.
David Edler, Mayor
ATTEST:
City. Clerk
S 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
a greements 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.
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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
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 to use (temporarily or permanently) such portions thereof as the City determines are
necessary for the making of improvements and repairs to the parking facilities and for the
installation of improvements as well as access for the operation and maintenance of the area or
the parking facilities.
3. Scope of Services.
A. Administration and Management of Downtown Parking Facilities. 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 facilties;
3) Check for compliance with the parking regulations for the City's downtown parking
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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 facilties, including but not limited to,
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pot holes, damaged street lamps or . wom 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
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 low intensity crime and
inappropriate behavior that threatens the safe operation of the facilities and dealing
directly with such behavior by discouraging it and /or encouraging any persons who
® persists in such inappropriate behavior to move along. Examples of such low intensity
crime and inappropriate behavior may include panhandling, sleeping in or around the
parking facilities, public urination, indecent exposure, littering, public intoxication or
violation of open container laws.
2) 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 dealing with such behavior by contacting the Yakima
Police Department. The CDY downtown street ambassadors shall carry radios and
mobile phones to contact police if needed.
3) 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
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downtown shoppers and citizens who presently have difficulty finding a place to park
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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 "rear citation with costly penalties. These waming 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.
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 , 2009, and
terminating at 11:59 p.m. on the 31st day of , 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. Panting 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 •
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• 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.
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.
8. Daily 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 at least once a day all
monies collected for that day. 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 intemal 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 intemal 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. In addition to the daily reports required under Section 8 above,
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.
410
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10. Contractor's Other Obligations.
411)
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 compensation 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
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part of the Parking Control Equipment.
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
411
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S 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 conceming 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
suitable covered receptacles for all garbage, trash and other refuse on or in connection with the
parking facilities.
The Contractor shall not permit the piling of boxes, cartons or other similar items in an
unsightly or unsafe manner in any location. Broken glass, bottles, cans, spilled foodstuffs and
any material that may create a hazard upon the surface or structure entrance/exit ramps which
may be unsightly or objectionable shall be quickly removed.
C. Inspections. The Contractor shall cause inspections to be made of the parking
facilities not less than twice daily. Written reports of the results of such inspection shall be kept
by the Contractor for at least 30 days and made available to the City for inspection and review
at all times.
D. Maintenance of Contractor's Equipment The Contractor shall at all times maintain
all equipment supplied by the Contractor in good condition and repair and in good working
order.
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E. Maintenance of Parking Control Equipment. The Contractor shall at all times
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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,
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.
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•
18. The Americans with Disabilities Act. The Contractor shall comply with the Americans
w ith Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations
and Washington State's anti - discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the
area of employment, public accommodations, public transportation, state and local government
services and telecommunications.
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
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.
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23. A signment. 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 govemmental 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.
A. Professional 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 evidence of professional liability coverage with a limit of at least One Million Dollars
($1,000,000.00) for each wrongful act and an annual aggregate limit of at least Two Million
Dollars ($2,000,000.00), 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.
The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If
the policy is on a claims made basis, the retroactive date of the insurance policy shall be on
or before the date this contract is executed by both parties hereto, or shall provide full prior •
Page 10 of 17
Downtown Parking Management Agreement—
City of Yakima and Committee For Downtown Yakima
• acts coverage. The insurance coverage shall remain in effect during the term of this
Agreement and fora minimum of three (3) years following the termination of this
Agreement.
B. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Contractor shall provide the City with a certificate of insurance
as proof of commercial liability and umbrella liability insurance with a minimum total liability
limit of Two Million Dollars ($2,000,000.00) per occurrence /aggregate limit bodily injury and
property damage. The certificate shall clearly state who the provider is, the amount of
coverage, the policy number and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this Agreement. The policy shall name the
City, its elected officials, officers, agents and employees as additional insureds and shall
contain a clause that the insurer will not cancel or reduce in limits the insurance without first
giving the City thirty (30) calendar days prior written notice. The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted in the
State of Washington.
C. 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 shalt be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
D. 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.
E. 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;
Page 11of
Downtown Parking Management Agreement—
City of Yakima and Committee For Downtown Yakima
B. The Contractor's abandonment of the parking facilities. The Contractor shall be
•
deemed to have abandoned the parking facilities if it ceases or fails to operate the parking
facilities, for a period of twenty -four (24) or more consecutive hours, unless such closure is
regularly scheduled.
C. The Contractor's failure to perform or observe any other 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
govemmental 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: Dick Zais, Jr.
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO CONTRACTOR: 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.
Page 12 of 17
Downtown Parking Management Agreement—
City of Yakima and Committee For Downtown Yakima
33. Merger. This Agreement sets forth all of the terms, conditions, and agreements of the
parties relative to the subject matter hereof and supersedes any and all prior negotiations,
discussions, agreements and understandings between the parties as to the subject matter therein.
There are no terms, conditions or agreements with respect thereto, except as provided herein and
no amendment or modification of this Agreement shall be effective unless reduced to writing and
executed by the parties.
34. Goveming Law And Venue. This Agreement shall be govemed 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 thirty (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
Page 13 of 17
Downtown Parking Management Agreement—
City of Yakima and Committee For Downtown Yakima
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 anv Breach. In the event the City elects to waive its
remedies for any breach by the Contractor of any covenant, term or condition of this Agreement,
such waiver by City shall not limit City's legal remedies for any succeeding breach of that or of any
other term, covenant, or condition of this Agreement.
E. Remedies. A termination for convenience or default shall not in any way operate to
preclude the City from pursuing all other available legal remedies against the Contractor and its
sureties for default or breach of this Agreement.
F. Contractor's Right to Terminate. The Contractor may terminate this Agreement, in
whole, for any reason upon one hundred and twenty (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 COMMITTEE FOR DOWNTOWN YAKIMA
By: By:
R. A. Zais, Jr., City Manager Jamie E. Stickel, President
Committee for Downtown Yakima
Date: Date:
•
Page 14of17
Downtown Parking Management Agreement—
City of Yakima and Committee For Downtown Yakima
EXHIBIT A
•
PARKING FACILITIES
•
ATTEST: ATTEST:
City Clerk
City Agreement No. Date:
City Resolution No.
•
110
Page 15of17
Downtown Parking Management Agreement —
City of Yakima and Committee For Downtown Yakima
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(B1);
d. overtime (OT) restrictions (YMC 9.50.070, 9.50.075, 9.50.080, 9.50.090,
9.50.095);
e. parking prohibited at all times (YMC 9.50.050);
f. parking in a handicapped zone (RCW 46.16.381.10); and
g. parking space (RCW 46.61.540.4).
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 Yakirrma`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 (YDA) recommendations to amend parking codes ` (YMC 9.50) ' 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 Yaki Parking
Commission through Ordinance No:° 2007 -35 and enacted a new chapter for the 'Y Muriicipal
Code (YMC 9 49). The Downtown' Yakima Parking Commission has completed t `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:
I 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 B. Resolution authorizing execution of agreements to implement
the YMC— Motion carried to accept the report & take no action at the Parking Commission recommendation to purchase automated
this time. 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. The DYEI Committee has reviewed these parking
amendment changes to the on- street` parking and city -ow 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 lots will have two -hour free parking 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 lots and
on-street parking time zones as proposed ed ordinance. City Finance has verified that
appropriated
the CBD Fund has approximately $75,000 available and for the purposes described in the
Parking Commission recommendations. This revenue comes 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 an established agreement with Portland to purchase off their contract w
CALE, thu :avoiding con preparatory and 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 ; 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 , 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 rn two phases. Phase 1 can be implemented
immediately within the existing parking enforcement structure. However, 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
✓ Hours (On Street) — immediately change downtown core to two -hour parking with a one -hour section 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. Naches Avenue and the 15- minute section in front
of the United States Post Office. .
✓ Hours (Off Street) — immediately chan9e the hours in the off street lots 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 lots. 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.
> 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.
✓ Sionaoe — ask City of Yakima Public Works Department to work with the Downtown Parking Commission, to create a
new way-finding and signage y g g ge plan; -then have th'e sign department createsand install new signage rEsfimated Cost .
$5;000 a
✓ 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 ' "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 tots 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)
✓ Enforcement - initiate a joint effort amongst the Yakima Police Department, the
Downtown Partting 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.
✓ Revenue Usage — review revenue usage to ensure that the money stays downtown to strengthen the parking
enforcement system and aid in downtown .mainteiance p rojects. -
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 data 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)
2009 :2008 2007 2006 2005 :1 2003. 2002 2001. 2000
Budget : Actual Actual Actual Actual ,Actual Actual •.! Actual Actual Actual
General Fund Revenue -
Citations /Penalties 100,000 402,320 $ 69,785 $ , 43,272 $ 59,199 $' 95,517 $103,781 - $138,130, $162,720 $189,451
Special Use Permits_ ::150 88 102 298 276 ' 748 : 1,671 '2,769 2,142
: Total General Fund Revenue '100;150 ' 102,408 : 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 1 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 - 46,268 16,205 16,808 15,427 16,390.4. 15,780' 20,000
Total General Fund;. Expenditures , 102,633 ': 92,356 ;; 61,125 .: 110,011\ 94,516 100,045 123,480 149,209 149,843
' General Fund Net Revenues 2 " " $., (2,483) $ 10 - 052'y $ •, 8,762 -.:$ (32,452) $ (50,536) $= . 1',637 $ 4,484 ,i $:16,321- $ 16,280 $ 41 7 50
1'81-king Revenues - Other Funds:
Lots - Hourly Fees 3 $ 2,500 $ 2;479...c $,,, 2,406 $ 2,209 $ 7,298 $` 19,179 $ 24,171:_., $ 26,664. $ 34,458 $ 56,089
Lots Permits 4 '3'0,800 ;29,855 :- ,22,848 >25,634- 36,883... . a 49,518 40,415' > 39;058 35,2`13 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 her Ot 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 tOParks & 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 Rill 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 - ParkingRev 2000 thru 2009 Budget
III • III
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, ioe(c�jemdev.com
Diance Vance — dianevance cr yahoo.com
Tony Klein — tklein(a�bannerbank.com
Bill Lover — blover anci.yakima.wa.us
Rodney Lewis — rlewis @tlwins.com
Ex Officio
Dave Zabell — dzabell(a�ci.yakima.wa.us
5 0- '
aI� ®�
COMMITTEE FOR DOWNTOWN YAKIMA
July 7, 2009
Sue Ownby
Purchasing Manager
City of Yakima
129 North 2 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 lots
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 98901
, 74 k };
. Y
II a,,,,
7
1:X; r s Stale , o Qualificalio . „ .
• 1
COMMITTEE FOR DOWNTOWN YAKI MA.. JULY 7 20'09
i
1 • 1 1 • 1 I ; I
•
G H of the Committee for Downtown. Yak (CDY) • About six years For the last few. On . September 9,
:''„ , j l 1 i I ago, a group of years, the primary focus 2008, the Downtown
' =° 1 '`'° concerned citizens, of CDY was to create a Yakima Business Improve-
stakeholders within the clean and safe ment District (DYBID)
three main Downtown downtown environment, went into effect. The
- 4t r ' ' "' 11 DYBID develop marketing DYBID was formed to
, , , business groups P
.. r 1 . . { 1 ,, , > . w , (Yakima Downtown and promotions that promote an attractive and
'' ' ' ! Association, Front ,7„,';'' ,., 4 ® ~ ~ � e c o n o m i-
t � , , : , ` Street Merchants " -. , q, II 1V �J COI, ■ f tally viable
1 � . - 1 { Association an d f! -, ' N ` I `� ^OR i �!4 downtown
( . ; . the f L � a.R. li Frei .i � W F K IMA '. that i s
te Westside� ' � �L� �� � - � �.
,, 1, , B u s i n e s s x " � ,N -fi g t, k r�r. clean, safe
! r ? F"h -2 t 1 ' rs" s a 'h
3 � � Association) and r � _ � ,� J � �"� �,, � +�° �,�, and attrac- •
the City of Yakima as re � -- ,, tiv to
joined together to 4` ` ,� 3p „` � ti T 1 . L � �t ' resi dents ,
develop a * — g ;,, ,r , t r n ;'„ ' tenants i
strategy for the : 1
p , -,i I € r X 41 r 4 f ' #t. 3* t 4 , fi` ;- - "Fii, ¢� ;1 i b u s i n e s s -
future of `' � ` 2, `w -- ' people and
.. Downtown ! . OF, _ .. 1. f �. ` 4. 3: 1 , . _ ; ... ti ,t - visit The
Yakima. The primary The Committee for Downtown Yakima 1 S e r v i c e s
f a . question asked was,, has a highly skilled team of on- street provided by the
"What do we want our 1 Ambassadors that will be assigned the ' DYBID did not
, ', 7 downtown to look like l task of undertaking parking administra- replace City of
- moving forward ?” For tion and enforcement duties in the Yakima services,
,' the first three years, Yakima Downtown parking lots but, instead,
.
many people worked , _ — simply supple-
, ;�,,, ' _
diligently to create an would help create mented them by adding a
s < ,, '' ti'; organizational structure excitement about more thorough regime of
f1 1 that would continue the the many positive maintenance and safety
` j ' good work started with happenings downtown, services to those that
, ,
,, those strategic sessions. and to develop a were already being
• : ' From this initial work sustainable funding provided. The DYBID is a
mechanism through the three-
; _,_. . �.: y. ;.. three-year assessment
emerged The 9 Y
Committee for Down - creation of a Business district and it will sunset
town Yakima (CDY). Improvement District on September 8, 2011. At
(BID). that time we fully expect 0
our Downtown property
owners and merchants to
renew the 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
Programs
Project Manager Administrator
Matt Klaus Jamie Lee Stickel
Kelly Drew James Johnny Robert Jamie
Cordle Cordle* Cline* Andrade * Mitchell * Davis *
Clean & Safe Clean &Safe Clean & Safe Clean & Safe Clean & Safe Clean & Safe
Ambassador Ambassador Ambassador Ambassador Ambassador Ambassador
*This staff person is hired on a seasonal basis to address the peak demand for service during the spring and summer
t' CDY: Statement of Qualifications Pa
s
CDY Orgallizational 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. 11th Street. All three of the parking Tots, 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. • rrth
St
4
co
- CDY Boundaries
Naches Avenue
•
Approximate
'r LocationsFof the 4
Downtown Public ;;;
•
• _
• �Ti Pa "rking' Lots
. Please note�that
8 ,,t all 4of these lots;
_, 4are situated within
the normal
working
boundaries of the ;
co *CDY, `where the; =k'
CDYstaff enjoys,
long - established
_ c working relation
`° hips with
Downtown
L•••■ rrrerchants,
residents,
Avenue employees? and
7th Avenue 7th A
property owners.
CDY,Statement of Qualifications .. Page 4
Credentials and Qualifications of the CDY Administrative Staif
CDY has a full time professional staff of four [other positions are seasonal], y , v r a s 3 , ,
and these four employees presently run all of the operations of CDY. These ,' ` , ° F `., L
X '. r t i� ti e ¢ i^wk a a tie t
staff people will be the ones who will be assigned to oversee and direct the tt , i = 9 ; T ;a ' r �7 ,, I 1
administration of Downtown parking administration should the City of :`21.ti' i� f ` r ` 4
Yakima elect to contract with CDY for Downtown parking lot administration ,�f r f ` 4 '"`
The CDY staff has extensive credentials and qualifications that make them .. ' _ .
uniquely qualified to successfully oversee and carry out the following tasks . 4 ` W .` ,u ?r , l "
associated with the administration of Yakima's Downtown parking Tots: ' y �+ 4 , > k4' i
• Lot maintenance including landscaping, line marking, debris and snow removal, and safety inspection
& 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
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:
411 CDY's predecessor organization - the Yakima Downtown Association - was directly involved in the
acquisition of the four subject parking lots, and in providing policy recommendations and community
oversight for these Tots. 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:
D Three years experience providing maintenance and operational support for the
Downtown Yakima parking Tots 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.
> 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 Tots 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
0 D the lots, when needed, and inspecting Tots 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.
; ` ,,
r
'CDY Statement of Qualifications{
w
. PagefS
Credentials and Qualifications of the CDY Administrative Staff .Continued
CDY's administrative and management staff has years of successful experience = w w
in activities that are either exactly the same as those that will be required
under the subject services contract, or very similar. For example: { " 5 ; t ' '
+I ' d %
3 5 I �' Y
. 4`{
> 6 years overseeing new parking lot development and x r a
major parking lot revisions for the King County Housing v A
Authority in Seattle, WA. s s, •
D 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.
• 20 years experience successfully administering public and quasi - public organizational
budgets.
• 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 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.
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 Aik
CDY can do a better job administering our Downtown' parking lots than any other business or organization. IP
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 May 2009 t0 Present
Executive Director
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 Februa ry 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 installation of 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
411 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 277 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
carpentry work 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. 3 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
411
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. 2 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) Explain the qualifications your firm has to complete all phases of the
operations and management.
(2) 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.
•
ea 0 1\ \ ' ,_. : \\ \ - i� , \� J a DownTown Parking Lob
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• •
•
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` 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 each block 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 1 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 3 Streets between "A'
Street and Chestnut Avenue; and, 4 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 long -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 of the 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
r for renewal within renewal
12. Failure of a permit holder to apply fo renews h
tin the
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.
/s/ David Edler
David Edler, Mayor
ATTEST: •
/s/ Deborah Moore
City Clerk
•
•
Publication Date: 4/10/09
Effective Date: 7/9/09
4
• •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 $1 62,720 $1 89,451
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 1 10,851 110,661
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
•
•
•
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410
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File E7s e., F�,,; be managed from a single module that gives users access to
application modules, reports etc., with a few mouse clicks.
0 - 41:
Cale WebOffice produces log reports for monitoring and ana-
fi '3 h. r/J J: "«', lysing user access and usage. For example: failed attempts to
II access a secure file, or specific changes made by a user, are CONNECTIVITY
recorded in the Cale WebOffice administration log.
Cale WebOffice handles all communication to and from Cale
ACCESS CONTROL MP 104 terminals. File transfers can be scheduled and are
then performed periodically without any manual adjustments.
One of the most important issues for Cale WebOffice is pro- The system has built -in support for GPRS and GSM.
viding powerful access control functions for web access to ap- Cale WebOffice provides an alarm forwarding service via E-
plication modules and reports. Cale WebOffice is designed to mail and SMS according to personal forwarding preferences.
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: i `\
• FOR E -MAIL , „ Cale WebOffice
security filters SERVICE �`
• User authentication and authorisation . (
SMS Technician
Direct server and database access control mechanisms: ,
• IP address grant and deny restrictions `:
• Client and server digital certificates ..,; . , . +r. s „ ,,, ,: ;. , :_: E
• Automatic log out after a few minutes of user inactivity. 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 .
CALE ACCESS AB
® ? P.O. BOX 1307 4
} SE -171 25 SOLNA, SWEDEN
`I,: 1 PHONE: +46 8 629 04 60
FAX: +46 8 92 06 82
INFO @CALE.SE
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, WW.CALEACCESS.COM W
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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 41
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.