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HomeMy WebLinkAboutR-2014-087 Public Market and Mixed Use Business Incubator Feasibility Study Agreement with BDS Urban Planning and Design RESOLUTION NO. R- 2014 -087 A RESOLUTION authorizing a Professional Services Agreement with BDS Urban Planning and Design (BDS) not to exceed $58,850 to conduct a Public Market and Mixed Use Business Incubator Feasibility Study WHEREAS, the City of Yakima has committed to aggressively support Economic Development efforts that will create quality living wage jobs to ensure a diverse economic base, a resilient and growing tax base, and long -term economic vitality for the City of Yakima; and WHEREAS, the City of Yakima has followed the procedures established by the State of Washington to select and recommend a professional firm using the Municipal Research and Service Center Professional Services Roster process to conduct the selection of a firm to conduct a feasibility study for a Public Market and Mixed Use Business Incubator: and WHEREAS, BDS Urban Planning and Design (BDS) submitted a Contractor Qualification Statement, was interviewed, and recommended by a five person Selection Committee consisting of stakeholders, professional staff and City Council members and determined to be the preferred firm to prepare the Public Market and Mixed Use Business Incubator Study; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Professional Services Agreement with BDS Urban Planning and Design (BDS) attached hereto and incorporated within by this reference not to exceed Fifty Eight Thousand, Eight hundred fifty ($58,850) to provide the Professional Services as described in the Agreement, how, therefore, ADOPTED BY THE CITY COUNCIL this 17 day of June, 2014. /926 ATTEST: Micah wley, Mayor ON ataaA ity Clerk r , • Profess onaO Servrices Agreement AGREEMENT For City of Yakima Use only: BETWEEN Contract No. CITY OF YAKIMA, WASHINGTON Project No. AND Resolution No. Res SOQ No. BDS PLANNING & URBAN DESIGN FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this 19th day of June, 2014, by and between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY ", and BDS — Planning & Urban Design, a sole proprietorship with its principal office at 1932 1 Avenue, Suite 714, Seattle, WA 98101 hereinafter referred to as "CONSULTANT "; said CONSULTANT is registered to do business in the State of Washington, and will provide planning, design, and feasibility analysis services under this Agreement for Yakima's Public Market / Mixed -Use Incubator on behalf of the City of Yakima, Project No. 11408 -Q, herein referred to as the "PROJECT." WITNESSETH: RECITALS WHEREAS, CITY desires to retain the CONSULTANT to provide planning, design, and feasibility analysis services for the PROJECT, as described in this Agreement and subsequent Amendments thereto; and WHEREAS, CONSULTANT represents that it has available and offers to provide personnel with knowledge and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this Agreement; NOW, THEREFORE, CITY and CONSULTANT agree as follows: SECTION 1 INCORPORATION OF RECITALS 1.1 The above recitals are incorporated into these operative provisions of the Agreement. SECTION 2 SCOPE OF SERVICES 2.0.1 CONSULTANT agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of CONSULTANT shall not be construed to exceed those services specifically set forth herein. 2.0.2 CONSULTANT shall use its best efforts to maintain continuity in personnel and shall assign, Brian Douglas Scott, Ph.D., as Principal -in- Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2.1 Basic Services: CONSULTANT agrees to perform those tasks described in Exhibit A, entitled "Scope of Work: Yakima Public Market / Mixed -Use Incubator Feasibility Study" (WORK) which is attached hereto and made a part of this Agreement as if fully set forth herein. Page 1 , 2.2 Additional Services. CITY and CONSULTANT agree that not all WORK to be performed by CONSULTANT can be defined in detail at the time this Agreement is executed, and that additional WORK related to the Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, at any time, by written order, direct the CONSULTANT to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the CONSULTANT perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services." 2.2.1 If such Additional Services cause an increase or decrease in the CONSULTANT'S cost of, or time required for, performance of any services under this Agreement, a contract price and /or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in writing accordingly. 2.2.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and the CONSULTANT according to the provisions set forth in Exhibit B, attached hereto and incorporated herein by this reference, and if so authorized, shall be considered part of the PROJECT WORK. The CONSULTANT shall not perform any Additional Services until so authorized by CITY and agreed to by the CONSULTANT in writing. 2.3 The CONSULTANT must assert any claim for adjustment in writing within thirty (30) days from the date of the CONSULTANT's receipt of the written notification of change. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY- FURNISHED DATA: The CITY will provide to the CONSULTANT all technical data in the CITY'S possession relating to the CONSULTANTS services on the PROJECT including information on any pre- existing conditions known to the CITY that constitute hazardous waste contamination on the PROJECT site as determined by an authorized regulatory agency. 3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to CONSULTANT as required for CONSULTANT'S performance of its services and will provide labor and safety equipment as reasonably required by CONSULTANT for such access. 3.3 TIMELY REVIEW: The CITY will examine the CONSULTANT'S studies, reports, sketches, drawings, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required of CITY in a timely manner. Such examinations and decisions, however, shall not relieve the CONSULTANT of any contractual obligations nor of its duty to render professional services meeting the standards of care for its profession. 3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this Agreement. CITY'S Representative shall have complete authority to transmit instructions and receive information. CONSULTANT shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless otherwise directed in writing by the CITY, but CONSULTANT shall be responsible for bringing to the attention of the CITY'S Representative any instructions which the CONSULTANT believes are inadequate, incomplete, or inaccurate based upon the CONSULTANTS knowledge. 3.5 Any documents, services, and reports provided by the CITY to the CONSULTANT are available solely as additional information to the CONSULTANT and will not relieve the CONSULTANT of its duties and obligations under this Agreement or at law. The CONSULTANT shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for Page 2 exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions there from. SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION 4.1 In signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with WORK described in Exhibit A. The time for completion is defined in Exhibit A, or as amended. SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus reimbursement for direct non - salary expenses. 5.1.1 DIRECT NON - SALARY EXPENSES: Direct Non - Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for CONSULTANT'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding and reproduction charges; all costs associated with other outside nonprofessional services and facilities; special CITY - requested and PROJECT - related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non - Salary Expenses will be on the basis of actual charges plus a reasonable markup, not to exceed ten percent (10 %) and on the basis of current rates when furnished by CONSULTANT. Estimated Direct Non - Salary Expenses are shown in Exhibit B. 5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental expenses incurred by employees of the CONSULTANT and each of the Subconsultants in connection with PROJECT WORK; provided, as follows: • That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the operation, maintenance, and depreciation costs of company or individually owned vehicles for that portion of time they are used for PROJECT WORK. CONSULTANT, whenever possible, will use the least expensive form of ground transportation. • That reimbursement for meals inclusive of tips shall not exceed a maximum of forty dollars ($40) per day per person. This rate may be adjusted on a yearly basis. • That accommodation shall be at a reasonably priced hotel /motel. • That air travel shall be by coach class, and shall be used only when absolutely necessary. 5.1.2 Telephone charges, computer charges, in -house reproduction charges, first class postage, and FAX charges are not included in the direct expense costs, but are considered included in the Schedule of Specific Hourly Billing Rates. 5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for planning, architecture, economics and similar professional services approved by the CITY. Reimbursement for Professional Subconsultants will be on the basis of actual costs billed plus a reasonable Page 3 . markup, not to exceed ten percent (10 %) for services provided to the CITY through this Agreement. Estimated Subconsultant costs are shown in Exhibit B. 5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed Fifty Eight Thousand Eight Hundred and Fifty dollars ($58,850). The CONSULTANT will make reasonable efforts to complete the WORK within the budget and will keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if found necessary. The CONSULTANT is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the CONSULTANT beyond these limits. When any budget has been increased, the CONSULTANT'S excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase, and provided that the City was informed in writing at the time such costs were incurred. 5.3 The CONSULTANT shall submit to the City's Representative an invoice each month for payment for PROJECT services completed through the accounting cut -off day of the previous month. Such invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The CONSULTANT shall submit with each invoice a summary of time expended on the PROJECT for the current billing period, copies of subconsultant invoices, and any other supporting materials determined by the City necessary to substantiate the costs incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will notify the CONSULTANT promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to CONSULTANT the questionable item(s) and withholding payment for such item(s). The CONSULTANT may resubmit such item(s) in a subsequent invoice together with additional supporting information required. 5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the unpaid balance shall accrue beginning with the sixty -first (61) day at the rate of 1.0% per month or the maximum interest rate permitted by law, whichever is less; provided, however, that no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment a notice of dispute is issued in good faith by the CITY to the CONSULTANT pursuant to the terms of RCW 39.76.020(4). 5.5 Final payment of any balance due the CONSULTANT for PROJECT services will be made within forty -five (45) days after satisfactory completion of the services required by this Agreement as evidenced by written acceptance by CITY and after such audit or verification as CITY may deem necessary and execution and delivery by the CONSULTANT of a release of all known payment claims against CITY arising under or by virtue of this Agreement, other than such payment claims, if any, as may be specifically exempted by the CONSULTANT from the operation of the release in stated amounts to be set forth therein. 5.6 Payment for any PROJECT services and WORK shall riot constitute a waiver or release by CITY of any claims, right, or remedy it may have against the CONSULTANT under this Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or fault of the CONSULTANT to satisfactorily perform the PROJECT WORK as required under this Agreement. SECTION 6 RESPONSIBILITY OF CONSULTANT 6.1 The CONSULTANT shall be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all plans, design, drawings, reports, and other services furnished by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional Page 4 compensation, correct or .review any errors, omissions, or other deficiencies in its plans, designs, drawings, reports, and other services. The CONSULTANT shall perform its WORK according to generally accepted urban planning standards of care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations, and permits. 6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, reports, and incidental WORK or services furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or at law or any cause of action arising out of the performance of this Agreement. 6.3 In performing WORK and services hereunder, the CONSULTANT and its subcontractors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of CITY in any manner whatsoever. The CONSULTANT shall not hold itself out as, nor claim to be, an officer or employee of CITY by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of CITY. The CONSULTANT shall be solely responsible for any claims for wages or compensation by CONSULTANT employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. 6.4 INDEMNIFICATION: (a) CONSULTANT agrees to defend, indemnify, and hold harmless the CITY, its elected officials, agents, officers, employees, agents and volunteers (hereinafter "parties protected ") from (1) claims, demands, liens, lawsuits, administrative and other proceedings,(including reasonable costs and attorneys fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error or omission or willful misconduct arising out of the CONSULTANT's performance under this Agreement. In the event that any lien is placed upon the City's property or any of the City's officers, employees or agents as a result of the negligence or willful misconduct of the CONSULTANT, the CONSULTANT shall at once cause the same to be dissolved and discharged by giving bond or otherwise. (b) CITY agrees to indemnify and hold the CONSULTANT harmless from loss, cost, or expense of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the PROJECT. (c) If the negligence or willful misconduct of both the CONSULTANT and the CITY (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. (d) Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 6.5 In any and all claims by an employee of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification Page 5 obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the CONSULTANT or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. The CONSULTANT specifically and expressly waives its immunity under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the CONSULTANT and the CITY. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall be as set forth in this Agreement and attachments. The project schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and the CONSULTANT within fifteen (15) days after execution of this Agreement. The performance dates and budgets for tasks may be modified only upon written agreement of the parties hereto. The performance date for tasks and the completion date for the entire PROJECT shall not be extended, nor the budget increased because of any unwarranted delays attributable to the CONSULTANT, but may be extended or increased by the CITY in the event of a delay caused by special services requested by the CITY or because of unavoidable delay caused by any governmental action or other conditions beyond the control of the CONSULTANT which could not be reasonably anticipated. 7.2 Not later than the tenth (10) day of each calendar month during the performance of the PROJECT, the CONSULTANT shall submit to the CITY'S Representative a copy of the current schedule and a written narrative description of the WORK accomplished by the CONSULTANT and subconsultants on each task, indicating a good faith estimate of the percentage completion thereof on the last day of the previous month. Additional oral or written reports shall be prepared at the request of the CITY for presentation to other governmental agencies and /or to the public. SECTION 8 REUSE OF DOCUMENTS 8.1 All internal WORK products of the CONSULTANT are instruments or service of this PROJECT. There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the CITY without written permission of the CONSULTANT, which shall not be unreasonably withheld and will be at the CITY'S sole risk. The CITY agrees to indemnify the CONSULTANT and its officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs including, but not limited to, litigation expenses and attorney's fees arising out of or related to such unauthorized reuse, change, or alteration; provided, however, that the CONSULTANT will not be indemnified for such claims, damages, losses, and costs including, without limitation, litigation expenses and attorney fees were caused by the CONSULTANT's own negligent acts or omissions. 8.2 The CONSULTANT agrees that ownership of any plans, drawings, designs, computer programs, technical reports, operating manuals, calculations, notes, and other WORK submitted or which are specified to be delivered under this Agreement or which are developed or produced and paid for under this Agreement, whether or not complete, shall be vested in the CITY. 8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by CONSULTANT (hereinafter "Intellectual Property ") as well as any modifications, updates or enhancements to said Intellectual Property Page 6 ` J during the performance of the WORK remain the property of CONSULTANT, and CONSULTANT does not grant CITY any right or license to such Intellectual Property. SECTION 9 AUDIT AND ACCESS TO RECORDS 9.1 The CONSULTANT, including its subconsultants, shall maintain books, records, documents and other evidence directly pertinent to performance of the WORK under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The CITY, or the CITY'S duly authorized representative, shall have access to such books, records, documents, and other evidence for inspection, audit, and copying for a period of three years after completion of the PROJECT. The CITY shall also have access to such books, records, and documents during the performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the CONSULTANT'S WORK and invoices. 9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency. 9.3 The CONSULTANT agrees to the disclosure of all information and reports resulting from access to records pursuant to this section provided that the CONSULTANT is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments, if any, of the CONSULTANT. 9.4 The CONSULTANT shall ensure that the foregoing paragraphs are included in each subcontract for WORK on the Project. 9.5 Any charges of the CONSULTANT paid by the CITY which are found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 10 INSURANCE 10.1 At all times during performance of the Services, CONSULTANT shall secure and maintain in effect insurance to protect the City and the CONSULTANT from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. CONSULTANT shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the rights to require higher limits should it deem it necessary in the best interest of the public. If CONSULTANT carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and CONSULTANT shall be named as an additional insured for such higher limits. 10.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the parties, CONSULTANT shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change 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. Page 7 10.1.2 Commercial Automobile Liability Insurance. a. If CONSULTANT owns any vehicles, before this Contract is fully executed by the parties, CONSULTANT shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to "Any Auto" and be shown on the certificate. b. If CONSULTANT does not own any vehicles, only "Non -owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Contract, which is Section 10.1.1 entitled "Commercial General Liability Insurance ". c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b., the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change 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. 10.1.3 Statutory workers' compensation and employer's liability insurance as required by state law 10.1.4 Professional Liability Coverage. Before this Contract is fully executed by the parties, CONSULTANT shall provide the City with a certificate of insurance as proof of professional • liability coverage with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars, ($2,000,000 00) aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The insured shall not cancel or change 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. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the CITY, its officers, employees, agents, and representatives there under. The CITY and the CITY'S elected officials, officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the City until thirty (30) days after written notice to the CITY of such intended cancellation, expiration or change. SECTION 11 SUBCONTRACTS 11.1 CONSULTANT shall be entitled, to the extent determined appropriate by CONSULTANT, to subcontract any portion of the WORK to be performed under this Agreement. Page 8 11.2 Any subconsultants or subcontractors to the CONSULTANT utilized on this PROJECT, including any substitutions thereof, will be subject to prior approval by CITY, which approval shall not be unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative, if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review shall not constitute an approval as to the legal form or content of such subcontract. The CONSULTANT shall be responsible for the architectural and CONSULTANTing performance, acts, and omissions of all persons and firms performing subcontract WORK. 11.3 CITY does not anticipate CONSULTANT subcontracting with any additional persons or firms for the purpose of completing this Agreement. 11.4 The_CONSULTANT shall submit, along with its monthly invoices, a description of all WORK completed by subconsultants and subcontractors during the preceding month and copies of all invoices thereto. SECTION 12 ASSIGNMENT 12.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This Agreement may not be assigned by CITY or CONSULTANT without prior written consent of the other, which consent will not be unreasonably withheld. It is expressly intended- and agreed that no third party beneficiaries are created by this Agreement, and that the rights and remedies provided herein shall inure only to the benefit of the parties to this Agreement. SECTION 13 INTEGRATION 13.1 This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. SECTION 14 JURISDICTION AND VENUE 14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of Washington. SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION 15.1 During the performance of this Agreement, CONSULTANT and CONSULTANT's subconsultants and subcontractors 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. CONSULTANT agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. SECTION 16 SUSPENSION OF WORK Page 9 16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the WORK. CONSULTANT may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond CONSULTANT's control are interfering with normal progress of the WORK. CONSULTANT may suspend WORK on PROJECT in the event CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion of Project in accordance with SECTION 17. SECTION 17 TERMINATION OF WORK 17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given. (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating party before termination. Notice shall be considered issued within seventy -two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 17.2 In addition to termination under subsection 17.1 of this Section, CITY may terminate this Agreement for its convenience, in whole or in part, provided the CONSULTANT is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2) an opportunity for consultation with CITY before termination. 17.3 If CITY terminates for default on the part of the CONSULTANT, an adjustment in the contract price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (2) any payment due to the CONSULTANT at the time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the CONSULTANT'S breach. In such event, CITY shall consider the amount of ' WORK originally required which was satisfactorily completed to date of termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default, the CONSULTANT agrees to pay CITY for any and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by said default. This provision shall not preclude CITY from filing claims and /or commencing litigation to secure compensation for damages incurred beyond that covered by contract retainage or other withheld payments. 17.4 If the CONSULTANT terminates for default on the part of CITY or if CITY terminates for convenience, the adjustment pursuant to the Agreement shall include payment for services satisfactorily performed to the date of termination, in addition to termination settlement costs the CONSULTANT reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines to assume said commitments. 17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the CONSULTANT shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to CITY all originals of data, drawings, specifications, calculations, reports, estimates, summaries, and such other information, documents, and materials as the CONSULTANT or its Page 10 subconsultants may have accumulated or prepared in performing this Agreement, whether completed or in progress, with the CONSULTANT retaining copies of the same. 17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to completion utilizing other qualified firms or individuals; provided, the CONSULTANT shall have no responsibility to prosecute further WORK thereon. 17.7 If, after termination for failure of the CONSULTANT to fulfill contractual obligations, it is determined that the CONSULTANT has not so failed, the termination shall be deemed to have been effected for the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be determined as set forth in subparagraph 17.4 of this Section. 17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel employed by the CONSULTANT in PROJECT WORK or for any corporate officer of the CONSULTANT to render his services to the PROJECT, the CONSULTANT shall not be relieved of its obligations to complete performance under this Agreement without the concurrence and written approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment shall be made as set forth in subparagraph 17.3 of this Section. SECTION 18 DISPUTE RESOLUTION 18.1In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences, then the parties shall first pursue mediation as a means to resolve the dispute. If either of the afore mentioned methods are not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing; other available means of dispute resolution may be implemented. ' Page 11 SECTION 19 NOTICE 19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee - party, or seventy -two (72) hours after mailing by certified mail to the place of business set forth below, whichever is earlier. CITY: City of Yakima Yakima, WA 98901 Attn: CONSULTANT: BDS Planning & Urban Design 1932 1 Ave. Suite #714 Seattle, WA 98101 Attn: Brian Douglas Scott IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective authorized officers or representatives as of the day and year first abo ritten. i CITY OF;YAKIMA . 7 1 1 . Tony l ourke .o .s Scott, Ph.D. Title: Cit Mana :er Title: Principal Date: 1/M • _��•• . _te. a 03 /Jr N0.4 ,% . ,ca r �r� �1 Attest wi 1 AA, /� �� //� *.5 �* •'��l CityCerk i A i c ( s ) RE SOLUTIO — °" '� �.� ,v g � Page 12 EXHIBIT A Scope of Services The City's proposed seven -phase Scope of Work provides a thorough catalog of key questions and activities that will shed tight on their answers, but methodically tackling every task in eight months would be a challenge, and detailing each task for $50,000 would be impossible. Nevertheless, our team thinks we can give the City what you need to move the Public Market /Mixed Use Incubator forward within the parameters of your budget and timeline. To do this, we will combine direct human outreach and thoughtful data analysis to provide the foundation for a collaborative workshop in which our team of top -tier public market experts will apply their professional wisdom to Yakima's public market opportunity. During the workshop, we wilt formulate our preliminary recommendations and discuss them with Yakima's key stakeholders and decision makers. Following the workshop, we will flesh out the recommendations with further analysis, concept development, and an iterative vetting process in order to deliver concise and realistic recommendations on time and on budget. The following proposed Scope of Servicesis based on our understanding of the local situation and your Request for Qualifications. We are prepared to deliver it on your timeline and budget, but also willing to modify it according to client feedback and/or additional information. Phase 1: Farmer /Food Maker Outreach and Cultivation Brian Scott and Elizabeth Padilla from BDS will conduct the farmer/ food maker outreach and cultivation, with Brian leading the process and conducting outreach in English while Elizabeth conducts outreach, builds relationships, and cultivates interest in Spanish. First, we will work with the City to develop a targeted list of entrepreneurs, food vendors, food producers, and small scale kitchen -users for outreach. We will also develop a series of questions and issues for use as a discussion guide during the outreach. Finally, we will conduct a series of direct face -to -face interviews and small group discussions in both English and Spanish to test the interest of these potential market vendors and producers. Once the outreach is complete, BDS will produce a summary of the hopes, dreams, concerns, and specific needs as expressed by these stakeholders, as well as an inventory of specialty food producers and public market/ mixed use incubator venders. This summary and inventory will be key background information for the Public Market Workshop . Page 13 Phase il: Community Outreach Public Market /Mixed Use Incubator Assessment We have divided phase two into two separate tasks: (1) community outreach. and (2) a Project "assessment." TASK 1: COMMUNITY OUTREACH BDS will conduct a series of public meetings, focus groups, and surveys to explore the type of public market /mixed use incubator the community wants and will support. Given the project's limited time and budget, we wilt strive to leverage existing event planning efforts by adding a few market questions to existing meetings, festivals, or other events. This will allow us to minimize the number of market -only events that need to be produced. Like the Farmer /Food Maker outreach, the community outreach can be conducted both in English and Spanish as appropriate. Results of this outreach will be summarized for use during the Public Market Workshop. TASK 2: PROJECT ASSESSMENT The purpose of this task is to assess the "type of Public Market /Mixed Use Incubator that the community can support." This task is essentially a market analysis for the Project concept, as defined during Phase I and the Task 1 of Phase II. The market analysis will include three unique components: (1) a demand analysis, (2) an assessment of the competitive environment, and (3) a discussion of opportunities and challenges. We explain our approach to each in greater detail below. Demand Analysis. The Project Team would use the data gathered from the stakeholder and community engagement phases to assess the demand for goods and services in each Project segment. When appropriate, the team would also draw on industry research and interviews with other public markets and incubators to inform its analysis. This analysis would address a number of important questions including, but not Limited to: How many local businesses would potentially rent a public market space? How many farmers and food producers would potentially use a commercial kitchen? How extensively do residents of the City and surrounding area regularly patronize local businesses? Might these residents purchase more goods and services from local businesses, if the Project existed? Competitive Assessment. The Project Team would identify the competitors for each Project segment. It would provide an overview of each organization, including a discussion of its strengths and weaknesses. The primary focus on the nearby competitive entities (i.e. these might include more regional players such educational facilities for the incubator or other small local markets selling various specialty goods within the area). Page 14 • Opportunities and Challenges. We will synthesize the findings from the previous two exercises in a discussion of how the Project would fare given current and future conditions. One of the most important questions it would address is: Are there goods and services that the Project could supply that are not being met by existing businesses? How could the Project capitalize on these opportunities? Can the project support the Local economy and grow value added agricultural production? Of equal importance, we would identify and discuss challenges facing the Project, such as unreliable demand for a particular good or service. The discussion would conclude with several recommendations for how the Project might differentiate itself from the competition. ECONorthwest would produce a succinct, unique market analysis for each component of the Project: the market itself, the incubator, the commercial kitchen, the shared workspace, and other unique project elements. It would conclude with an analysis of the outlook for the Project as a whole. Public Market Workshop Once we have gathered basic information about the interest of potential venders and market uses, as welt as the community's appetite for the market, and have conducted a project assessment, we will stage a high - profile Public Market Workshop. For this day -long event, we will assemble our teams key leaders and senior advisors in Yakima to collaboratively evaluate the previous outreach and analysis, tour potential sites, brainstorm options, and offer recommendations in discussions with project stakeholders, community decision makers, and a public event (if desired). The workshop wilt end with a concept for the Public Market /Mixed Use Incubator in hand and ready for more detailed development in the phases ahead. In this manner, we will know that the design and operational development work is grounded in the best thinking of our expert team and in Yakima's economic, physical, and political realities. Phase III: Conceptual Building Program and Design The Cowiche Canyon Et Icehouse Bar project, currently under construction at the intersection of Yakima and 2nd Avenues is to be the home to a high quality, chef - driven restaurant and bar. Graham Baba Architects, along with landscape architects Gustafson Guthrie Nichol, were recently selected to provide preliminary design of the Yakima Central Plaza. The Public Market is in conversation with the Central Plaza, and it is crucial that the two components be considered together. The Public Market should serve as a consistent draw to the Central Plaza, and it is our design intent to foster this relationship by creating public spaces that encourage activity and interaction in the community. As • Page 15 • the Public Market brings people together, the Market tenants become stewards of the plaza. These two spaces will work in concert together to galvanize the downtown core by centralizing activity and enterprise. This strengthening of a downtown identity will serve Yakima for many generations to come, with the Central Plaza at its heart. Phase IV: Recommend Operating Structure Possible management and operating structures - and their associated costs and benefits - will vary depending on the size and scope of each Project segment. The purpose of this Phase is to describe the options available to the City, provide a bottom line assessment of the feasibility of each, and to offer a recommendation that takes into account both financial feasibility and City priorities. As outlined in the RFQ, Phase IV requires three distinct tasks: (1) a delineation of possible operating structures for the Project, (2) a financial forecast of the operating costs and revenues associated with each operating structure, and (3) a recommendation for which operating structure the City should use for the Project. TASK 1: IDENTIFY POSSIBLE OPERATING STRUCTURES This section will identify three to five alternative operating structures that have been used in public markets and food incubators elsewhere. Using a matrix format it will illustrate the attributes, advantages and disadvantages of each. The Team will identify and develop these models using primary industry research collected during the market research phase. ECONorthwest will interview other incubators and public markets around the United States about what practices have been successful and which have failed, and obtain recommendations for the Project. The Team will use these data to develop operating structures that align with best practices and that are also tailored to the unique opportunities and challenges facing the City's Project. Based on input from the client about factors such as funding and the potential affiliation or the public market /incubator with other related organizations in the area the Client will select which alternative it would tike to examine in greater depth as a preliminary preferred structure. TASK 2: PRODUCE FINANCIAL FORECASTS This section will provide an operating forecast for the Project, which would include forecasts for each of its components. It will consist of: (1) a discussion and costing of staffing and programming, (2) a detailed description of the operating costs and revenues, (3) the cost to open, (4) a forecast for the construction and ramp -up (phasing) periods, and (5) a financial forecast. c 1 ,� Page 16 • • TASK 3: PROVIDE A RECOMMEIHDATIOU From the suite of operating structure options presented, the Project Team would make a recommendation about which option best meets the needs of the City, its residents, and local businesses. Although financial feasibility is an important aspect of this decision, our recommendation will also take into account other considerations such spillover effects that impacts the local economy and public tax base. Phase V: Financial Plan and Funding Most public successful public markets are debt free on the capital side and focus their longer term funding and financing plans on on -going operations. Incubation facilities tend to vary more widely in terms of capital funding but they too need to manage on -going operating expenses and revenues. The intent of this section is to provide the City with various funding sources that have been used for public markets and incubators in other communities, and to identify a range of viable public and private funds sources that could be drawn from in the Yakima region, as well as from the • state and nation. Having recently gone through this exercise on the capital side, we've become familiar with a portfolio of possibilities that range from public agency and private foundation grants, to tax credits, and crowd funding. Operating revenues tend to come in large part from teases as well as sponsorships in addition to other sources. The consulting team would prepare a preliminary capital and operating finance plan based on the projected facility's size, costs, functions, on -going maintenance needs and other pertinent elements. Phase Vi: Site Selection Assistance During the Public Market Workshop, the BDS Team will work with the City to evaluate specifc Locations for the the Public Market /Mixed Use Incubator, considering both new construction and adaptive use, and discussing recommendations with Yakima's key stakeholders and decision Leaders. This activity tends itself especially well to the "alt -hands workshop" format in which the BDS Team's senior advisors use the background information from Phases I, II. and III, and bounce their individual professional instincts off of each other in order to build a collective recommendation to share with key stakeholders and decision leaders. Phase VII: Measure Economic Impacts and Benefits This Phase will assess three types of project impacts: fiscal, economic, and dynamic. For fiscal impacts, the Project Team will calculate tax revenues to the City attributable to the Project. For economic impacts, this analysis will consider several important measures of activity: output, jobs, and wages. it will determine fiscal and economic impacts in two stages: Page 17 1. Direct impact, the increase in direct economic activity from the Project and its employees, and 2. Secondary impacts, the effects of the Project on other businesses in the region engaged in the supply of goods and services, and the effects of additional consumer spending in the region that can be • traced back to the Project. An analysis of dynamic impacts will consider how the Project might impact workforce and economic development in the region. Within this analysis, we will identify what businesses could be further supported by the Project. It will also consider how the Project may impact property values and private investment. Dynamic impacts are qualitative and long -run. Project Recommendations, Reporting and Communications BDS believes in hands -on project management in close communication with the client. Regular phone calls and e-mail communication keep everyone up to speed, avoid misunderstandings, and ensure project delivery both on time and on budget. The substance of the Feasibility Study will emerge through an iterative process of listening to the community, evaluating realities, making decisions, listening again, and adjusting as needed. Effective project management requires strong facilitation, communication, process management, and organizational skills to coordinate diverse groups of stakeholders including city staff, community interest organizations, elected and appointed officials, potential vendors and food producers, as well as public constituents that will be involved in this project. As a result, this project also requires strong interpersonal skills and the ability to bring people of different backgrounds together to focus on the issue at hand white always keeping "the big picture" in mind. Brian Scott has a 30 -year track record of successfully managing projects dealing with complex issues. The BDS Team is committed to bringing the City of Yakima's Public Market/ Mixed Use Incubator in on time and on budget with high client satisfaction. Daily time sheets and financial record keeping, as well as weekly client communication will make this outcome not only possible but also simple. Brian Scott will conduct regular telephone meetings with City of Yakima project manager to go over project progress, schedules, outstanding tasks, and other related issues. We recommend weekly check -ins. COVERALL PROJECT DEL1VERABLa We understand that the City requires ten paper copies of a comprehensive Yakima Public Market /Mixed Use Incubator Business Plan document, along with a digital version. The City expects ten presentations of draft and final work products over the course of the study, as well as interim information along the way that is appropriate for the City's website. Aw^ Page 18 EXHIBIT B Timeline Using the Public Market Workshop (likely in June) to complete the conceptual work on several tasks at once, the BDS Team is prepared to ' complete Yakima's Public MarketfMixed Use Incubator Feasibility Study by November 2014. The preliminary schedule below shows the timeline for each task and how several tasks come together during the Public Market Workshop. Julj " '� A, ... L .`Oct I. "Ni v M Dec `', Jan j F b " mar Phase I: Farmer ;t 9 =acr , fhase�{I,, 0utac .spent I ItIt2 "03 eanceptu D x n� . al I leas = ° -1Y ° v ^ " tr+uc'tu- 4:'''' . : 4� n ncialP a Phase t ta` elect on Assis arce � � i i I wox :Novi i Lltk,„ '014:47 ; "- - Budget Again using the Public Market Workshop as a means to efficiently focus our resources, the BDS Team has identified tentative budget allocations for each Phase of the project as shown in the table below. jr-* ::''. '' v ' ' ,„ ` :"*, . a> udget ' 11 of.',Budged Phase!: Farmer Outreach $8,500 16% Phase 11: Outreach & Assessment $12,000 22% Phase ID: Conceptual Design $6,000 11% Phase IV: Operating Structure $6,000 11% Phase V: Financial Plan $3,500 7% Phase VI: Site Selection Assistance $7,500 14% Phase VII: Benefits $3,500 7% Presentations / Final Products $6,500 12% Total Fee <Estimate °.i'^ w '" 'w ......... .. ".. , .a ;'4$$ ;50Q;w. ' Expenses @ 10% $5,350 `Notut i°.e eeed ^`,w : " ` , . ' . .. , "a „ ' $ 58,850 MI Page 19 City of Yakima Public Market /Mixed use Incubator Feasibility Study Elizabeth Abe Morgan Alexandra Brett Jim Norm Ron Kathryn Andy Brian Scott Padilla Farkas Shook Reese Baba Graham Hotson Paul Gustafson Brown Personnel Rate Hourly Rate 250 75 210 180 85 220 220 300 150 300 85 Total Hours 52 56 40 44 72 20 8 8 8 8 20 Total Budget 13000 4200 8400 7920 6120 4400 1760 2400 1200 2400 1700 Total $53,500.00 Expenses $5,350.00 Total Project Budget 558,850.00 Page 20 A D CERTIFICATE OF LIABILITY INSURANCE � , U ° 4 ''"' THIS CERTIFICATE IS ISSUEO.AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED :BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 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LIMITS B f GENERAL UABILITY 52SBATN8263 04/29/2014 04/29/2015 EP:a i tc.:I.IRRE $,. ! $ 1,C00,000 X '� ' ' r)' 4AC•E T','1 F-1iTT 1 000',000 000',000 :.iWF..;J >.G1• +L:Jd... +' L'. +.e9LIT'� F' .L 1 � ; hr :�ul�`_�ai,a+.�n:cu:zvG:�,;.._ ._. ..�. ,, ,,c - .h' -.a r: x i , Q ,, .,CI. mcr, 11 F Sit, .n.'. r...,,..: i l 10,000 ' j : s ,, 1.000,000 ( : .-N F'ii ' 'Tr .^ _ 2 Er : L:.V.IT AFPLES PER' , IT ; .,• g .r Ti _' : . ; .� , : _2.000,000 6 I AUTOMOBILE UAaILITY 52SBATN8263 04/29/2014 04/29/2015 . F ' ° 1 1 ' "' 1,000,000 41,, i+.'Jin , ECCO.'i r1.13• r IP parsiali 1 S _ _ I r-; ! t.u; ic, FCD:1 -Y I'.IJP >. rarr.i i 1 . _ H ,dJT':'O __ti r'A1'fl:: '.(F.iGL:.d:.:R7._�__ 1 = UMBRELLA I ! r:t'!:L'i,• . En_:Ir, , r,,;li,.P.Fts: - - EXCESS UAB I 1 CLklh1= M -4: i attinE:..4TL 1 ' ,.Er.. rpFTEI;T:R,1 . ; WORKERS COMPENSATION ! 2..;'TArJ c7r1 - Y AND EMPLOYERS'UABILITY IN 1 .— ..�d:f.117d:'i.�. 4 FT„:',p7.,17 Al V, . P 1 rAC1:,::.f.:ril:Nr ' :n {Mandatory in NH) ! EL. DI*E`;; EF., a It vv:, do. J c;.xrl:: Lr ': ;, I L ,t; •$$ _pcRaTp orkn . E:. I.;<:$°;7E. LIh45 , $ A 1 Professional Liability E0000025401 -01 04/21/2014 041212015 Each Claim 1,000,000 1 $5.000 deductible 1 !Aggregate 1,000.000 I 1 ON OF OPERgTIONS/ LQSATIONS (Ya- I (Atta p X 101, AdditIeaS Ra, eer *h. 4 . R w, a rtl; ity SQO of Yakma, Its elected otEcIa s . 01R g ents, ch em A t ees, and vdunteeFS S are listed m as adG aI CERTIFICATE HOLDER CANCELLATION Al 003281 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE MU. BE DEUVERED IN City Of Yakima ACCORDANCE WITH THE PDUCY PROVIsiON& 129 Narth 2nd Street Yakima INA 98901 - AUIHORZED REPRESERFATIVE '0/ 1988 -2010 •ACORD CORPORATION..All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 21 F x .11 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 14. For Meeting of: June 17, 2014 ITEM TITLE: Resolution authorizing an agreement with BDS Urban Planning and Design to conduct a Public Market and Mixed Use Business Incubator Study. SUBMITTED BY: Sean Hawkins Economic Development Manager 575 -6274 SUMMARY EXPLANATION: This project will study a potential Public Market / Mixed Use Business Incubator in the City of Yakima. The project will include outreach in both English and Spanish to entrepreneurs, food vendors, food producers and small scale kitchen users to determine demand for a potential public business incubator. The demand analysis will study the need and size of a business incubator, possible building locations and conceptual designs, the potential operating structure of the incubator, financial analysis, funding options, and the overall economic impact on the City of Yakima if this project is implemented. This project is funded with $40,000 in Yakima County SIED and the remainder is from City Economic Development Funds. Resolution: X Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Yes Amount: Funding Source /Fiscal Impact: Strategic Priority: Economic Development Insurance Required? Yes Mail to: Phone: City Manager APPROVED FOR SUBMITTAL: ,,A,,t..,E..,,. RECOMMENDATION: ATTACHMENTS: Description Upload Date Type 0 Resolution Public Market Business Incubator June 6/9/2014 Cover Memo 19, 2014 0 Contract Public Market Business Incubator June 6/9/2014 Cover Memo 19 , 2014