HomeMy WebLinkAbout08/03/2010 09 "Barrell House" Parking Lot - Parking Commission Recommendation for Interim Use • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: August 3, 2010
ITEM TITLE: Parking Commission Recommendation for interim use of the "Barrel House"
Parking Lot
SUBMITTED BY: Chris Waarvick, Director of Public Works
CONTACT PERSON/TELEPHONE: Chris Waarvick, 576 -6411
SUMMARY EXPLANATION:
The "Barrel House" parking lot on North 1 Street in the North Front Street Historic Block has now
been returned to the City from Yakima County per the expired use agreement. CDY wishes to
incorporate the lot into the CDY /City Parking Management Agreement (attached). Additional
management duties were contemplated in this agreement (see Page 2, Section 2. A). The City's
Parking Commission voted on July 1, 2010, to forward an affirmative recommendation (see PC
minutes). This is an interim action while ultimate disposition of the property is decided upon by City
Council. The cost of equipment, installation and signage is estimated at $12,000. The Parking Fund
• has sufficient resources to accommodate this expense. The contract contemplates that CDY may
submit for additional compensation for the management of additional Tots beyond the $30,000 per year
($7,500/ quarter) compensation. Also attached is the CDY omnibus downtown maintenance contract
because the parking contract references it.
Resolution Ordinance _ Contract _ Other (Specify) Map, Parking Commission Minutes
Funding Source $12,000 — Parking Fund
APPROVED FOR SUBMITTAL: .akez, ,d .AL A„1.gr City Manager
STAFF RECOMMENDATION: Staff recommends approval of the Parking Commission's
recommendation for interim use of the "Barrel House" parking lot.
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The City's Parking Commission voted on
July 1, 2010 to recommend to City Council that the "Barrel House" Parking Lot be equipped with a
CALE Parking Meter and allow the Committee for Downtown Yakima to manage the use of the lot as
described in the City /CDY Public parking Lot Management Agreement.
COUNCIL ACTION:
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5. Other Concerns
• Larry Hull brought up the on- street parking permits f r $12 per year.
Chris Waarvick reviewed the municipal code regarding on- street
parking permits. Mike McMurray moved that the Parking Commission
recommend elimination of 9.50.200 with the exemption that existing
permits. be .grandfathered until not renewed. Jack annon 2 The
motion passed unanimously.
• Mike McMurray moved to rescind the motion of th Barrel House ,
Parking that was discussed at the last Parking Commission meeting on
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June 6. Jack Can on 2 . The motion passed unanimously. A discussion
occurred on the . Barrel House Parking Lot. Mike McMurray moved to
recommend addi lion of parking meters to the Barrel House parking lot,
to maintain the same setup and operational procedures (% of monthly
permits available' cost, and signage) as the other 3 pubic parking lots,
and to have the Committee for Downtown Yakima manage this lot
under their current contract and financial arrangement with the City,
with the possibility of developing it in the future. Jack Cannon 2nd
The motion passed unanimously. .
• Joe Morrier restated his opinion that the Committee for Downtown
• Yakima needs to find a way to add to its budget and he believes on-
street parking meters may be the way to go. A discussion regarding on-
street parking occb rred.
6. Adjourned
v • • 5:18
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Parking Commission Minutes
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July 1, 2010
C mmittee for Downtown Yakima Office, 115 N. 3rd Street
Members Present- Mike McMurray, Joe Morrier, Larry Hull, Jack Cannon
City Staffpresen Chris Waarvick
CDYStaffpresent - Jamie Lee Stickel
1. Call to Order,
• 4:07pnn
,. • New members were voted onto the Parking Commission by the City
Council at the June 15 Council meeting.
2. Chestnut Manor Apartments
• Joe Morr moved to rescind the recommendation from the Parking
Commissi 9 n regarding the Chestnut Manor Apartments at June 15th
meeting. ike McMurray 2 The motion passed unanimously.
• Joe Morri r began the discussion of the CMA and his opposition: in
granting t e CMA special on- street parking permits. Larry Hull restated
the CMA 's1request to include Chestnut Manor partments in the area
where on- street parking permits are available. A discussion occurred
on the special conditions regarding on- street permitted parking. The
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CMA's request for special exemption was not.` recommended by the
Parking Commission due to lack of a motion to proceed.
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3. Parking Requirements for multiple resident buildings
• Mike McMurray brought up the discussion of not wanting.. new
residences1 created without some provision for parking, which puts
strain on he public, not the building owner. He explained that now is
the time to resurrect the idea with City Council because new
residences are being created and there needs I to be a provision for
parking. ie discussion occurred regarding the feed for provisions to
new residntial parking - either provide parking or have a contract
with existi parking lots that proves you can provide parking for the
residents. !Mike McMurray moved to ask the City and the City staff to
investigate the feasibility of requiring new multiunit residences to
make provision for adequate parking for their residents, with emphasis
on the original Central Business District. The objective of this
research is to provide the Parking Commission with data from which a
recommendation to City Council can be made. f Jack Cannon 2" The
motion was passed unanimously.
4. Use of Parking Lots for Special Events
• A discussion occurred on the use of the public parking lots for special Ill
events.
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• 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 of these mutual terms and conditions, the parties covenant and
agree as follows: •
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. WHEREAS, the City is the owner and operator of parking facilities, located in the
downtown business core area of•the City of Yakima, Washington; •
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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 9A9 and the Parking Commission has made numerous recommendations including •
contracting for the operation and management of the City's downtown public parking facilities;
• WHEREAS, the City Purchasing Department conducted a public bidding process and in
response to RFP 10707, CDY was selected as the Contractor; and,
WHEREAS, the City utilizes a "user pay" parking system to provide stable•financing for
the operation, management and replacement/reserve fund for its downtown parking;
®
NOW, THEREFORE, in consideration
of the mutual covenants, promises and
agreements set forth herein, it is agreed by. and between the City and the Contractor as follows:
1. Endagement of Contractor. The City hereby engages the Contractor to manage and
operate the off street parking described in Section 2 below and the Contractor agrees to provide
such management strictly in accordance with the terms and conditions of this Agreement.
'A. Hours'of Operation. The Contractor shall- keep and maintain the parking facilities
in operation and open for public service on the following schedule:
1) Lots 1, 2, 4 and 5: from 6 a.m. to 7 p.m., Monday through Friday, except holidays.
•
.B. • Change in Operation Hours. The City, at its discretion, may change the operation
hours, either adding or deleting hours. The City will give a 30 -day written notification of any
changes in operating hours.
C. The only compensation provided to the Contractor is that specifically provided for
in the terms set forth in this Agreement and the City is not obligated in any way to provide
additional funding to the Contractor except as set forth herein.
2. Parking. Facilities Described. The existing parking facilities addressed under this
• . • agreement are described in "parking facilities ", marked Exhibit "A ", attached and incorporated by
this reference.
• A. Additional Structures and Area. The City reserves the right,.in the exercise of its
• .sole discretion, to add additional parking facilities, to construct parking structures, to change the
existing parking facilities to accommodate parking requirements of the City or to withdraw any
part or all of the parking area hereafter made available. If the City determines that additional
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Downtown Parking Management Agreement
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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 operation and maintenance of the area or
the parking facilities.
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3. . Scope of Services.
A. Administration and Management of Downtown Parking Facilities. Contractor is
responsible for and shall carry out these duties:
1) Exercise the authority for the administration and management of the City's
downtown parking facilities as granted by the City in this Agreement;
2) Monitor the condition of the City's downtown parking facilities;
3) Check for compliance with the parking regulations for the City's downtown parking
facilities as provided in the parking regulations marked Exhibit "B," attached and
incorporated by this reference;
4) Identify vehicles that fail to display either:
• the appropriate parking pass issued by the parking meter, or
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• 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.
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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
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material from the downtown parking facilities on a regular schedule;
2) Monitor downtown parking facilities for structural flaws that threaten either the
public's safety or the proper operation of the parking facilities, including but not limited
to, pot holes, damaged street lamps or worn or unclear parking /pavement lines and
correcting any such structural flaws;
3) Monitor downtown parking facilities for compliance with the Americans with
Disabilities Act (ADA) and confer with the City on necessary alterations to the facilities
. as required to ensure the City's compliance with ADA requirements;
4) Maintain attractive landscaping in and around the downtown parking facilities,
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including planting and watering; and
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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
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weekend and every holiday, extending: to the entrances and sidewalks for the parking
facilities. The snow removal requirement is triggered when three (3) inches of snow has
accumulated.'
C. Delivery of Safety and Security Services at Downtown Parking Facilities. CDY
. shall assign uniformed downtown street ambassadors to dedicate a portion of their time to
monitoring and maintaining the safety and security of the downtown parking facilities. Their •
duties shall include the following:
1) Monitoring the downtown facilities for incidents of more serious crime that
threatens' either the safe operation of the facilities or the security of pedestrians or
motorists who use the facilities and reporting such behavior to the Yakima Police.
Department. The. CDY downtown street ambassadors shall carry radios and mobile
phones by which to contact the Yakima Police Department. '
2) Monitoring the downtown facilities for any other safety or security - related hazards
. • such as the threats' of fire, slipping, tripping, chemical spills, etc. and contacting the .
• appropriate agencies to deal with such hazards.
• D. •Preparation of a Community Education Program. CDY shall prepare and
implement a comprehensive community education program through which CDY will
communicate to . the public the downtown parking regulations and their importance and
necessity for the economic health of downtown. Yakima.- Components of this community
education program shall include, but are not limited to the following:
1) The preparation of an educational program theme that emphasizes the positive
• aspects of the new parking rules and administrative procedures and focuses on the
reasons the new parking rules and administrative procedures benefit the community.
The preliminary theme and program title is "We're Making Space for You" and is
• intended to remind citizens the purpose of the program is to free -up parking spaces for
downtown shoppers and citizens who presently have difficulty finding a place to park
• downtown due to ineffective enforcement of downtown parking regulations.
2) . The preparation of brochures and /or other printed materials to provide information •
related to the above stated education program for the benefit of the public.
3) The issuance of a press release and the staging of a press conference to kick -off
this new framework for downtown parking rules, regulations and administrative changes.
4) The staging of a community meeting to provide information about the new
downtown parking policies and regulations and why they are important and necessary
for the economic health of downtown Yakima.
• 5) The development and use, for the first 60 days of the program, of "warning
citations" that will caution those who violate downtown parking rules that they will soon
• become subject to a "real" citation with costly penalties. These warning citations will
• also provide information about the new downtown parking policies and regulations and
why they are important for the economic health of downtown Yakima.
6) The preparation of a program web site, or some pages. added to the current CDY •
• web site that provides information about the new downtown parking policies and
regulations and why they are important for the economic health of downtown Yakima.
• 7) The City will reimburse the Contractor for any expense associated with the _ •
• Community Education Program development and implementation activities described in
this Section up to a total amount not to exceed $8,000.00. The Contractor is expressly
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authorized to be reimbursed for any of these above referenced activities, Section 3. D.
1 -6 above, and the City may, in its sole discretion agree, on a case by case basis, to
reimburse the Contractor for other additional community education activities for which
the contractor may request reimbursement; providing however that the total
reimbursement for these Community Education activities shall not exceed $10,000.00.
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4. Term. Subject to rights of termination as hereafter provided, the term of this Agreement
is for three (3) years, commencing at 12:01 a.m. on the 1st. day of November, 2009, and
terminating at 11:59 p.m. on the 30th day of November, 2012, as long as the existing safety and
maintenance agreement with the Contractor remains in effect. Contractor shall have the right to
renew the Agreement for up to three additional two year terms and Contractor shall provide
ninety (90) days notice of intent to renew to the City prior to the expiration of the initial and any
subsequent term.
5. Parking Control Equipment.
A. Maintenance. The Parking Control and Revenue Equipment shall be maintained
by the Contractor as necessary to maintain consistent daily operation of the parking facilities in
accordance with Section 11 below. The Contractor is required to coordinate preventive
maintenance and service calls with the Equipment Vendor's preventive maintenance and
service contract.
B. Training. The Contractor will establish training for all employees working under this
agreement provided by•the Equipment Vendor on all skills necessary for daily operation and •
maintenance of the parking facilities.
6. Consideration, Management and Operations Fee. For the services 'performed by the
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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 fiat fee, where
deemed appropriate. • The Contractor maintains the right to pursue re - negotiation of the
Agreement as of July 1, 2010 based on revenue and expense history. The prorated
compensation for November 1, 2009 December 31, 2009 is Five- Thousand Dollars ($5,000).
A. Time of Payment. The management and operations fee shall be paid not later than
twenty (20) days after receipt of the invoice for the previous quarter and its.approval by the City.
7. Payment for Excess Parking Infraction Notices.
A. Collection and Accounting of Parking Fees. The Contractor shall charge •and
collect from persons utilizing the parking facilities the fees and charges established by the City,
as modified from time to• time by the City. All parking fees and charges and other moneys
received by the Contractor in its operation under this Agreement • shall become, immediately
upon collection and receipt thereof, the property of the City and. shall be accounted for as •
follows: .
B. Enforcement and Collection of Fines. In case of non - payment by a patron for off
street parking, the Contractor shall charge and collect a fine as provided by the Ordinance
issuing a Parking Infraction Notice.
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8. Deposits. The Contractor shall be responsible for collection and deposit of receipts
from the parking facility under this contract as well as the issuance of parking ticket infractions
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and monthly passes. The Contractor shall deliver to the City. all monies collected when the
machine registers that it is ready. The deposit will consist of cash, including • all' coins and
currency, as well' as checks.
9. . Reporting. The "Back Office" transactional software shall be available to the City and
the Contractor equally so periodic audits and reports may be accessed.
A. Printed Material. The Contractor shall order parking meter supplies and Parking
Infraction Notices from a vendor that the City approves in a timely manner so as not to disrupt
operations. The City shall provide compensation 'on a reimbursable basis for the material
beyond the flat rate provided in Section 6.
B. Internal Control. The Contractor shall establish procedures for internal control over
the collection, handling and delivery. of parking fees and prior to the commencement of this
Agreement and shall conduct its work in compliance with those procedures unless or until
directed otherwise by the, City. The City's approval of the Contractor's internal control
procedures, however, shall not in any way relieve or discharge the Contractor of its sole and full
responsibility for collecting parking, fees and charges pursuant to this Agreement and fully
accounting to the City for all such fees and charges.
C. Monthly Report. The Contractor shall submit to the City not later than the tenth
• (10th) day of each month, in a form prescribed by the City, a monthly reconciliation and
summary of Parking Infraction Notices. ' •
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® 10. Contractor's Other Obligations.
A. Maintenance. The Contractor shall maintain in good condition and repair, as
determined by the City, the parking facilities and buildings, paving, drainage and boundary
fencing and manage the snow plowing and pedestrian safety measures;
B... Damage By Patrons. The Contractor shall be responsible for identifying and
reporting to the City all damage to the parking facilities caused by patrons; and
C. Signs. The Contractor shall design, provide and maintain all parking facility signs,.
including fee display signs. The Contractor may request City assistance in fabrication of such
signs and the City shall provide reimbursement to the Contractor, for the signs beyond the flat
rate provided 'in Section 6.
11.* City Obligations. In connection with the operation of the parking facilities, the City shall
have the following obligations:
A. Parking facilities. The City shall provide the parking facilities, designed and
improved in a manner determined by the City as necessary and appropriate for automobile
parking requirements, including signage, overhead lighting fixtures and lamps. '
B. . Equipment: . Any .parking revenue control equipment in 'addition to the Parking
Revenue Control Equipment that is necessary or required, as 'determined by the City, for
operation of the Parking Facility, shall be compatible with the Parking Control Equipment and, .
unless otherwise agreed between the City and the 'Contractor, shall be acquired - and installed by
the City. Upon installation of any such additional equipment, the same shall be considered a
part of the Parking Control Equipment.
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C. Electricity. The City shall pay for all electricity for the lighting of the parking
facilities. •
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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 tirnes be neat, clean, courteous and attired with at minimum, a standard .
company jacket; shirt or blouse, and name tag at the expense of the Contractor. The Contractor
shall not permit its employees or agents to conduct themselves in a loud, noisy, boisterous,
offensive, objectionable or disrespectful manner. It is the City's intent that all personnel
provided by the Contractor are experienced and qualified to perform their duties in a first class
manner. Upon objection from the City concerning the conduct, demeanor or appearance of any
of the Contractor's employees or agents, the Contractor shall forthwith take all steps necessary
to cure the cause of the objection. •
D. Sufficient Staff. The Contractor shall provide sufficient' personnel necessary to
'maintain efficient and excellent quality of service to the public during the term of this Agreement
as provided in Section 3.
E. • Non - Discrimination. During the performance of this Agreement, Contractor shall
not discriminate in violation of any applicable federal, state and /or local law or regulation on the
basis of age,, sex, race, creed, religion, color, national origin, marital status, disability, honorably
discharged veteran or military status, pregnancy, sexual orientation and any other classification •
protected under federal, state or local law. This provision shall include but not be limited to the
following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training, and the provision
of services under this Agreement.
13. Contractor's Maintenance Obligations. During the term of Agreement, the Contractor
shall, at its own expense, be responsible for the following:
A. Cleaning. All equipment and materials used by the Contractor in its operations
under this Agreement shall at all times be clean, sanitary, and free from rubbish, trash, refuse,
debris, dust, dirt and offensive or unclean materials. The Contractor shall clean the equipment
and provide a debris pickup at least daily and at such other times as may be necessary to keep
the same in a clean and presentable condition.
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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 •
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suitable covered receptacles for all garbage, trash and other refuse on or in connection with the
parking facilities'. •
The Contractor shall not permit the piling of boxes, cartons or other similar items in an
unsightly or unsafe manner in any location. Broken glass, bottles, cans, spilled foodstuffs and .
any material that may create a hazard upon the surface or structure entrance /exit ramps which
may be unsightly or objectionable shall be quickly removed. • .
C. inspections. The Contractor shall cause inspections to be made of the parking
facilities not less than twice' daily. Written reports of the results of such inspection shall be kept
by the Contractor for at least 30 days and made available to the City for inspection and review
at all times.
• . D. Maintenance of Contractor's Equipment. The Contractor shall at all times maintain
all equipment supplied by' the Contractor in good condition and repair and in good working
order.
• E. Maintenance of Parking Control Equipment. The Contractor shall at all times
maintain the Parking Control Equipment in good condition and repair and in good working order
for normal daily operation; The Contractor shall maintain an equipment maintenance log in 'a
form prescribed by the City for recording the use and reliability of the Parking Control
Equipment.
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
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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 fora 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,
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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
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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. 1
17.. Nondiscrimination Provision. During the performance of this Agreement, Contractor
shall not discriminate in violation of.any applicable federal, state and /or local law or regulation
on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability,
honorably discharged veteran or military status, pregnancy, sexual orientation and any other
classification protected under federal, state, or local law. This provision shall include but not be
limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this Agreement.
18. The Americans with Disabilities Act. The Contractor shall comply with the Americans
with Disabilities Act of 1990, 42 U.S.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
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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 bf, 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
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City of Yakima and Committee For Downtown Yakima
Downtown Parking Management Agreement .
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commencement of the work or services provided under this Agreement until the date that the
City certifies in writing completion of the work or services or such, further period as may be
specified in Appendix B. •
C. Contractor hereby affirms that the City and Contractor have specifically negotiated
these provisions, as required by RCW 4.24.115, to the extent that it may apply.
22. Delegation of Professional Services. The services provided for herein shall be
performed by the Contractor . and no person other than associates or employees of the •
Contractor shall be engaged upon such work or services except upon written approval of the -
City. •
• .23. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be
assigned or transferred in whole or in part by the Contractor to any other person or entity
without the. prior written consent of the City. In•the event that such prior written consent to an
assignment is .granted, then the assignee shall assume all duties, obligations and liabilities of
the Contractor stated herein.
24. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto
of any covenant or condition of this Agreement shall not impair the right of the party not in •
default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party
to insist upon strict performance of any agreement, covenant or condition of this Agreement, or
to exercise any right herein given in • any one or more instances, shall not be construed as a
waiver or relinquishment of any such agreement, covenant, condition or right.
25. • Compliance with Laws, Regulations and Rules. During the term of this Agreement,
the Contractor shall at all times observe, comply with and obey the following: •
•
A. All applicable rules, regulations, orders and restrictions now in force or hereafter
adopted by the City; •
B. All orders, directions, rules, regulations or restrictions given or imposed by the City
with respect to the use of roadways, driveways, curbs, sidewalks, parking . areas and public
areas adjacent to the Parking Facility;
C. All applicable laws, ordinances, statutes, rules, regulations or orders of Federal,
State and local governmental 'authorities and agencies lawfully exercising authority at or over
the, City or the Contractor's operations under; this Agreement; . •
26. Towing Responsibility. The Contractor shall notify the City of any abandoned vehicles.
The City shall retain . responsibility for the removal of abandoned vehicles and /or vehicles
obstructing operation of the off and on street parking pursuant to and as defined in Yakima
• Municipal Code _Title 9 (Traffic) and Title.6.(Public Safety). The City shall provide the Contractor
with guidance in writing to assist the Contractor in implementing this provision.
•
27. Insurance. The Contractor shall, without limiting its obligations or liabilities under this
Agreement, procure and maintain, at its own expense and cost, the insurance policies listed in
Appendix 'B', attached and incorporated by this reference. The insurance policies shall be
• maintained continuously from the date of commencement of the work or services provided,
under this Agreement until the date that the City certifies in writing completion of the work or
services or such further period as may be specified in Appendix B.
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• • City of Yakima and Committee For Downtown Yakima
Downtown Parking Management Agreement
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A. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Contractor shall provide the City with a certificate of insurance •
as proof of commercial liability and umbrella liability insurance with a minimum total liability
limit of Two Million Dollars ($2,000,000.00) per occurrence /aggregate limit bodily injury and
property damage. The certificate shall clearly state who the provider is, the amount of
coverage, the policy number and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this Agreement. The policy shall name the •
City, its elected officials, officers, agents and employees as additional insureds and shall
contain a clause that the insurer will not cancel or reduce in limits the insurance without first
• giving the City thirty (30) calendar days prior written notice. The insurance shall be with an
insurance company or companies rated A -VII or higher in Best's Guide and admitted in the
State of Washington.
•
B. Commercial Automobile Liability Insurance. On or before the date this Agreement
is fully executed by the parties, the Contractor shall provide the City with a certificate of
insurance as proof of commercial automobile liability insurance with a minimum liability limit of
One Million Dollars ($1,000,000.00) per occurrence /aggregate limit bodily injury and property
damage. The certificate shall clearly state who the provider is, the amount of coverage, the
policy number and when the policy and provisions provided are in effect. Said policy shall be in
effect for the duration of this Agreement. The policy shall name the City, its elected officials,
officers, agents and employees as additional insureds and shall contain a clause that the insurer
will not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar
days' prior written notice. The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
C. Insurance. Provided by Sub- Contractors. The Contractor shall ensure that all sub-
Contractors it utilizes for work /services required under this Agreement shall comply with all of
the above insurance requirements.
D. Worker's Compensation Insurance. The Contractor shall provide the.City with such
further assurances as the City may require from time to time that the Contractor is in compliance
with these Worker's Compensation coverage requirements and the Workers' Compensation
Law.
28. Assignment Prohibited. This Agreement is personal between the Contractor and the
City and was awarded to the Contractor based upon the Contractor's own qualifications and
proposal pursuant to bid. Therefore, the Contractor shall not assign, transfer, pledge, surrender
or otherwise encumber or dispose of this Agreement or any interest in this Agreement, in whole
or in part, or subcontract or permit any other person or persons to assume or carry out any of
the Contractor's obligations under this Agreement without the prior written consent of the City.
29. Default. The Contractor shall be in default under this Agreement upon the occurrence
of any of the following ( "events of default "):
A. The Contractor's failure to pay or deposit any sum required under this Agreement
when due or to provide daily reports when due;
B. The. Contractor's abandonment of the parking facilities. The Contractor shall be
deemed to have abandoned the parking facilities if it ceases or fails to operate the parking
facilities, for a period of twenty -four (24) or more consecutive hours, unless such closure is
regularly scheduled.
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City of Yakima and Committee For Downtown Yakima
Downtown Parking Management Agreement
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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 ail of the Contractor's assets.
30. Limitation. Nothing in this Agreement shall be construed or interpreted in any manner
as limiting, relinquishing, or waiving any rights of ownership enjoyed by the City in the parking
facilities and. Parking Control - Equipment, or in any manner limiting, relinquishing or waiving the
City's control over the operation and maintenance of the City's property or in derogation of. such
governmental rights that the City may possess, except as otherwise specifically provided to the
contrary by this Agreement.
. 31. Relatio 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.
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 agreerhentswith 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.
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City of Yakima and Committee For Downtown Yakima •
• . .Downtown Parking Management Agreement
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34. Governing Law And Venue. This Agreement shall be governed by the laws of the State
•
of Washington and any action to enforce the Agreement shall be brought in Yakima County, •
Washington.
35. Severability. If a court of competent jurisdiction holds any part, term or provision of this
Agreement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall
not be affected, and the parties' rights and obligations shall be construed and 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 origihal Agreement but all of which together shall constitute one and
the same instrument.
37. Interpretation. As a further condition of this Agreement, City and the Contractor
acknowledge that this Agreement shall be deemed and construed to have been prepared
mutually by each party and it shall be expressly agreed that any uncertainty or ambiguity
existing therein shall not be construed against any party.
38. Termination.
A. Termination for Convenience. The City may terminate this Agreement, in whole or in
part, with or without cause, at any time by providing .sixty (60) calendar days written notice to the
Contractor. The Contractor shall be compensated in accordance with the terms of this Agreement •
up to, the effective date of termination.
B. Termination for Default. If the Contractor fails to comply with any provision of this
Agreement, the City may terminate this Agreement for default without notice. Termination for
default shall be effected by delivering a notice of termination to the Contractor setting forth the
manner in which the Contractor is in default. The Contractor will only be compensated for
services performed in accordance with the manner of performance set forth in this Agreement
subject to setoff for damages caused to the City. If, after termination for default, it is determined
that the Contractor not in default, the rights and obligations of the parties shall be the same
as if the termination had been issued for the convenience of the City.
C. Opportunity to Cure. The City in its sole discretion may, in the case of termination for
default, allow the Contractor an appropriate period of time, as determined by City, in which to cure
the defect of service. In such case, the notice of termination will state the nature of the default,
the time period in which cure is permitted, and other appropriate conditions. If the Contractor fails
to remedy to the City's satisfaction the default of any of the terms, covenants, or conditions of this
• Agreement within the stated period of time for remedy, the. City may terminate this Agreement
without any further obligation to the Contractor.
D. Waiver of Remedies for any Breach. In the event the City elects to waive its
remedies for any breach by the Contractor of any covenant, term or condition of this Agreement,
such waiver by. City shall not limit City's legal remedies for any succeeding breach of that or of any
other term, covenant, or,condition of this Agreement.
• Page 12of15
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City of Yakima and Committee For Downtown Yakima
Downtown Parking Management Agreement
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E. Remedies. A termination for convenience or default shall not in any way operate to
preclude the City from pursuing all other available legal remedies against the Contractor and its
sureties for default or breach of this Agreement.
F. Contractor's Right to Terminate. The Contractor may terminate this Agreement, in
whole, at any time providing sixty (60) calendar days written notice to the City.
•
. 39. Third Parties. The City and the Contractor are the only parties to this Agreement and are
the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give,
or shall be construed to give or provide any right or benefit, whether directly or indirectly or
otherwise, to third persons.
40. Drafting of Agreement. Both the City and the Contractor have participated in the drafting
of this Agreement. As such, it is agreed by the parties that the general contract rule of law that
ambiguities within a contract shall be construed against the drafter of a contract shall have no
application to any legal proceeding, arbitration and /or 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
. h
By: / / •
By: Y . • -17 cher
R. A. Zais, Jr., City Manager mes E. Stickel, President
• ' ommittee for Downtown Yakima
• Date: �1/O /d Date: 7- 1/ 4
ATTEST: ATTEST:
.4111
City Clerk : 1111 e '
'‘ IPA SHIN ����iir►�r . •
•
• City Agreement No. ,_2()o9-/,2/ Date: 1
•
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City Resolution No
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Page 13 of 15 G ®' j• �
. City of Yakima and Committee For Downtown Yakima �., •SHIN \\`
Downtown Parking Management Agreement '�\
EXHIBIT A
PARKING FACILITIES •
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•
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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).
•
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
II 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 Edier, Mayor
ATTEST:
City Clerk
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. g
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 Zabel!, Assistant City Manager
Chris Waarvick, Director of Public Works
Lawrence Wafters, Senior Assistant City Attomey
CONTACT PERSON/TELEPHONE: Chris Waarvick 575 -6411
SUMMARY EXPLANATION:
Staff respectfully requests Council approval of the attached resolution authorizing the
execution of an agreement in substantially the form presented with the Committee for
Downtown Yakima (CDY) to manage and operate public off - street parking within the
downtown DYBID (Exhibit "A" in contract). CDY's board is scheduled to meet shortly and
approve the contract but there may be minor adjustments which will not substantially affect the
critical terms of the agreement.
The City's Parking Commission made a series of recommendations to the City's Downtown
Yakima Futures Initiative 'Committee and subsequently to the full City Council (agenda
• attached) including, but not limited to, upgrading five fee stations, creating a downtown
parking promotion program, and contracting the operation and management of the four
downtown off - street public parking lots. The City Council adopted the Parking Commission's
recommendations for Yakima Municipal Code (YMC) amendments on March 24, 2009. -
A Request for Proposals (attached) was publically offered in June 2009 and CDY responded.
Review of the proposal fed 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 lots will generate a minimum of an additional $30,000
annually:
(continued )
Resolution X Ordinance Other (Specify) Additional reference material
Contracts X Mail to (name and address): Dan Kelleher, CDY
Funding Source: $30,000— 0 CBD Parking Fund
APPROVED FOR SUBMITTAL:
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: -
Resolution adopted.
RESOLUTION NO. R- 2009 -138
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.
411
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CDY AGREEMENT
FOR PROFESSIONAL AND AMBASSADOR SERVICES
for
City of Yakima, Washington
This agreement is made and entered into on this I d day of January, 2010, between
the City of Yakima, Washington,• a Washington municipal corporation (hereinafter
referred to as "CITY "), and Committee for Downtown Yakima, a Washington non - profit
corporation (hereinafter referred to as "CDY").
CITY and CDY for mutual consideration hereinafter set forth, agree as follows:
I. OBJECTIVES •
•
A. To provide administrative, management and maintenance services and
beautification programs in downtown Yakima and to fulfill the .agreements and
obligations set forth in the Scope of Services, Part A, below and as further specified in
Exhibit "A," Section I attached.
B. To provide safety ambassador services in downtown Yakima, as specified in •
II/ the Scope of Services, Part B and Exhibit "A," Section II..
IV. SCOPE OF SERVICES .
A. CDY agrees to perform consulting, management, administrative, advisory and
maintenance services for the CITY as set forth generally below, and as further specified
in Exhibit "A" I, attached hereto and incorporated herein by this reference.
1. Develop, implement and provide daily management of maintenance and
beautification programs within the Central Business District (defined for purposes of
this entire Agreement as the downtown areas within the Downtown Yakima Business
Improvement District (DYBID).
• •2. Contract for, manage and /or provide for the provision of planting and landscape
• services in the Central Business District.
3. Contract for and /or provide daily oversight of safety ambassador and maintenance
ambassador programs.
4. Contract for and /or provide other works and services necessary to fully comply with
the mutual agreements of the parties.
5. Provide accurate and timely RFP specifications to the CITY for all work requiring
public bidding prior to contracting in accord with federal and state laws. The CITY
shall conduct all necessary bidding processes based upon the RFP's CDY provides, .
and shall .provide CDY with the successful bidder's identification in order that CDY
can formally contract therewith for the provision of the services required.
6. Develop and implement a' progressive volunteer program to expand the Central
• Business District beautification efforts.
7. Provide CITY with copies of all contracts executed by CDY with contractors and
vendors that are necessary for the provision of the materials and labor required
under the terms of this Contract (i.e. flower baskets).
•
1
8. Provide the City with detailed status summaries on July 1 and December 31 of each
contract year detailing all work efforts and management services provided in
compliance with the agreements set forth herein, as well as a description of
proposed management services that will be provided under this contract.
It is understood that CDY shall contract for all necessary labor and materials in
compliance with accepted Washington public works and DYBID bidding practices.
B. CDY agrees to provide safety ambassador services in the form of foot and /or
bike patrol within the DYBID downtown district, said ambassadors to act as the eyes and
ears of the Yakima Police Department, as well as providing concierge services to
individuals using the Yakima downtown area together with the specific duties set forth in
Exhibit "A" 11, attached hereto and incorporated herein by this reference.
III. PAYMENT
A. Consultant; Management, Administrative, Advisory and Maintenance Services
1. As compensation for the managerial, administrative, advisory and
maintenance services provided by CDY the CITY agrees to pay CDY as set forth
in Paragraphs 111 A. and III B. The City will pay CDY Fifty Thousand Dollars
($50,000.00) from General Fund revenues for CDY's managerial, administrative,
advisory and maintenance services provided under this contract.
2. No payment shall be made through this Contract for any consultant,
managerial, administrative, maintenance and advisory work performed by CDY,
except for work identified and set forth in this Contract or supporting exhibits or
attachments incorporated by reference into this Contract.
B. Downtown Yakima Business Improvement District Funds
1. In addition to the City's allocation identified in paragraph A, above, the
CITY agrees that CDY will receive net assessment revenue and unallocated fund
reserves from the "Downtown Yakima Business Improvement District" (DYBID)
collected during each contract year. The City assesses a service charge to the
gross DYBID revenues by a standard formula to recover the cost to manage the
DYBID assessment.
The maximum total fees and expenses payable by the CITY to CDY under this
contract shall not exceed the combination of the annual net revenue of the
DYBID and the DYBID unallocated fund reserves, together with the Fifty
Thousand Dollars ($50,000.00) identified in paragraph A above.
•
2. No payment shall be made for any work performed by CDY, except
for work identified and set forth in this Contract or supporting exhibits or
attachments incorporated by reference into this Contract.
•
C. General provisions applicable to all services provided
1. CDY shall, in accord with the rates set forth herein, submit invoices to
the CITY not more often than once per month during the progress of the work for
partial payment of work completed to date. Invoices shall cover the time CDY
2
• performed work for the CITY during the billing period. The CITY shall pay CDY
for services rendered in the month following the actual delivery of the. work and
will remit payment within thirty (30) days from the date of receipt of billing.
2. CDY shall not be paid for services rendered under the Contract
and until they have been performed to the satisfaction of the CITY.
3. In the event CDY has failed to perform any substantial obligation to be
performed by CDY ' under this Contract and such failure has not been cured
within ten (10) days following notice from the CITY, then the CITY may, in its sole
discretion, upon written notice to CDY, withhold any and all monies due and
payable to CDY, without penalty, until such failure to perform is cured or
otherwise adjudicated. "Substantial" for purposes of this Contract means
faithfully fulfilling the terms of the contract with variances only for technical. or
minor omissions or defects.
4. Unless otherwise provided for in_ this Contract or any exhibits or
attachments hereto, CDY will not be paid for any billings or invoices presented
for payment prior to the execution of . the Contract or after its termination,
provided however that it is understood and agreed that billings or invoices that
are submitted after the termination of this contract that are for compensation for
work that was completed prior to the contract's termination and accepted by the
City will be honored --
0 .. IV. RETAINER •
Retainer is waived for CITY.
V. . STANDARD PROVISIONS
1. TERM OF CONTRACT
The term of this Contract shall begin on the date last executed below, and shall
terminate on. December 31, 2010, unless terminated earlierr by the CITY in accordance
with paragraph 6 of this Section of this Contract. This Contract may be renewed annually
by action of the City Council with the mutual agreement of both parties.
2. CONTRACT REPRESENTATIVES
Each party to this Contract shall have a contract representative. Each party may
change its representative upon providing written notice to the other party. The parties'
representatives are as follows:
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• 3
a. For CDY:
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Name of Representative: Dan Kelleher
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Title: Executive Director
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Mailing Address: 115 N. 3rd Street
City, State and Zip Code: Yakima, WA 98901
Telephone Number: 509 - 225 -2485
E -mail Address: dan @downtownyakima.com
b. For CITY:
Name of Representative: Chris Waarvick
Title: Public Works Director
Mailing Address: 2301 Fruitvale Blvd.
City, State and Zip Code: Yakima, WA 98902
Telephone Number: 509 575 -6005
Fax Number: 509 575 -6238
E -mail Address: cwaarvick @ci.yakima.wa.us
3. AMENDMENTS AND CHANGES IN WORK
a. In the event of any errors or omissions by CDY in the performance of any
work required under this Contract, CDY shall make any and all necessary corrections
without additional compensation. All work submitted by CDY shall be certified by CDY
and checked for errors and omissions. CDY shall be responsible for the accuracy of the
work, even if the work has been accepted by the CITY.
b. No amendment, modification or renewal shall be made to this. Contract unless
set forth in a written Contract Amendment approved .by City Council, signed by both
..parties and attached to this Contract. Work under a Contract Amendment shall not
proceed until the CITY has duly executed the Contract Amendment.
4. HOLD HARMLESS AND INDEMNIFICATION
a. CDY shall hold harmless, indemnify and defend the CITY, its officers, officials,
employees and agents, from and against any and • all claims, actions, suits, liability,
losses, expenses, damages, and judgments of any nature whatsoever, including costs
and attorneys fees in defense thereof, for injury, sickness, disability or death to persons
or damage to property or business, caused by or arising out of CDY'S acts, errors or
omissions in the performance of this Contract. Claims shall include, but not be limited
to, claims that information supplied by CDY infringes any patent, copyright, trademark,
trade name, or otherwise results in an unfair trade practice. PROVIDED HOWEVER,
that CDY'S obligations hereunder shall not extend to injury, sickness, death or damage
caused by or arising out of the sole negligence of the CITY, its officers, officials,
employees or agents. PROVIDED FURTHER, that in the event of the concurrent
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negligence of the parties, CDY'S obligations hereunder shall apply only to the •
percentage . of fault attributable to CDY, its employees or agents.
b. In any and all claims against the CITY, its officers, officials, employees and
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agents by any employee or contractor of CDY, anyone directly or indirectly employed by
any of them, or anyone for whose acts any of them may be liable, the indemnification
obligation under this Section shall not be limited in any way by any limitation on the
amount or type of damages, compensation, or 'benefits payable by or for CDY under
Worker's Compensation acts, disability benefits acts, or other employee benefits acts, it
being clearly agreed and understood by the parties hereto that CDY expressly waives
any immunity CDY might have had under such laws. By executing the Contract, CDY
acknowledges that the foregoing waiver was mutually negotiated by the parties and that
the provisions of this Section shall be incorporated, as relevant, into any contract CDY
makes with any contractor or agent performing work hereunder.
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c. CDY'S obligations hereunder shall include, but are not limited to,
investigating, adjusting and defending all claims alleging .loss from . action, error or
omission, or breach of any common law, statutory or other delegated duty by CDY,
CDY'S employees, or agents.
5. INSURANCE
a. Workers' Compensation: CDY shall maintain workers' compensation
1111 insurance as required by Title 51, RCW, and shall provide evidence of coverage to the
CITY. If CDY has employees, CDY shall request the Washington. State Department of
Labor and Industries, Workers' Compensation Representative, send written verification
to CITY that CDY is currently paying Workers' Compensation.
b. Commercial General Liability: CDY shall maintain Commercial General
Liability, or a combination of Commercial General Liability and Umbrella Liability
coverage for bodily injury, personal injury and property damage, subject to limits of not
less than $2,000,000 per occurrence. The general aggregate limit shall apply separately
to this Contract and be no less than $2,000,000.
CDY shall provide Commercial General Liability coverage that does not
exclude any activity to be performed in fulfillment of this Contract. Specialized
forms specific to the industry of. CDY will be deemed equivalent provided
coverage is no more. restrictive than would be, provided under a standard
Commercial General Liability policy, including contractual liability coverage.
ii. --CDY'S Commercial General Liability insurance shall include the CITY, its
officers, officials, employees and agents with respect to performance of services,
and shall contain no special - limitations on the scope of protection afforded to the
• CITY as an additional insured.
CDY shall furnish the CITY with evidence that the additional insured
provision required above has been met. An acceptable form of evidence is an
Acord certificate of insurance with the endorsement page(s) of the policy showing
® • the CITY as an additional insured attached.
iv. If CDY'S liability coverage is written as a claims made policy, then CDY
must evidence the purchase of an extended reporting period or "tail" coverage for
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a three -year period after project completion, or otherwise maintain the coverage
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for the three -year period.
v. CDY shall also maintain Employers Liability Coverage (Washington Stop
Gap) with a limit of not less than $1 million.
c. Automobile Liability: CDY shall maintain Business Automobile Liability, or a
combination of Business Auto Liability and Umbrella Liability insurance with a limit of not
less than per occurrence combined Bodily Injury and Property Damage
liability. Coverage shall include owned, hired and non -owned automobiles.
d: Other Insurance Provisions:
CDY'S liability insurance provisions shall be primary with respect to any
insurance or self - insurance • programs covering the CITY, its elected and
appointed officers, officials, employees and agents'.
ii. Any failure to comply with reporting provisions of the policies shall not
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affect coverage provided to the CITY, its officers, officials, employees or agents.
CDY'S insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
iv. CDY shall include all subconsultants as insureds under its policies or
shall furnish separate certificates and endorsements for each subconsultant. All
coverage for subconsultants shall be subject to all of the requirements stated
herein.
v. The insurance limits mandated for any insurance coverage required by
this Contract are not intended to be an indication of exposure nor are they
limitations on indemnification.
vi. CDY shall maintain all required policies in force from the time services
commence until services are completed. Certificates, policies, and
endorsements expiring before completion of services shall be promptly replaced.
vii. CDY shall require that each contractor entering into contracts to provide
services on behalf of CDY shall include insurance provisions in said contracts
that provide the same insurance coverage that is set forth in this Contract, shall
comply with all provisions of paragraph 5, herein, and shall include such
requirements in all RFP's submitted to the CITY for bidding.
viii. CDY'S Automobile Liability insurance shall include the CITY, its officers,
officials, employees and agents with respect to performance of services, and
shall contain no special limitations on the scope of protection afforded to the
CITY as an additional insured. •
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e. Verification of Coverage and Acceptability of Insurers: CDY shall. place .
insurance with insurers licensed to do business in, the State of Washington and
having A.M. Best Company ratings of no less than A- VII or better
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i. Certificates of Insurance shall show. the Certificate Holder as CITY OF
YAKIMA and include c/o of the Office or Department issuing the Contract. The
address of the Certificate Holder shall be shown as the current address of the
Office or Department..
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ii. • Written notice of cancellation or change shall be mailed to the City's
Contract Representative identified in Section 4 of this Contract
iii. CDY shall furnish the CITY with properly executed certificates of
insurance or a signed policy endorsement which shall clearly evidence all
insurance required in this section prior to commencement of services. The
certificate will, at a minimum, list limits of liability and coverage. The certificate
will provide that the underlying insurance contract will not be canceled. or allowed
to expire except on thirty (30) days prior written notice to the CITY.
iv. CDY or its broker shall provide a copy of any and all insurance policies
specified in this Contract upon request of the CITY.
6. TERMINATION . •
a. The CITY may terminate this Contract in whole or in pad whenever the CITY
determines, in its sole discretion, that such termination is in the best interests of the
CITY. .The CITY may terminate this Contract upon giving thirty (30) days written notice
by Certified Mail to CDY'S Contract Representative. In that event, the CITY shall pay
CDY a prorated portion of the total annual compensation authorized under this
agreement in an amount that is proportional to the amount of the year for which the
contracted services have been completed. Payment shall be made in accordance with
Section III of this. Contract.
b. In the event that funding for this contract obligation is withdrawn, reduced or
limited in any way after the effective date of this Contract, the CITY may summarily
terminate this Contract notwithstanding any other termination provision of the Contract.
Termination under. this paragraph shall be effective upon the date specified in the written
notice of termination sent by the CITY to CDY. Contracted services that are performed
after the effective date,, will not be eligible for compensation, and any invoice for such
services will not be honored.
c. If CDY breaches any of its obligations hereunder, and fails to cure the breach
within ten (10) days of written notice to do so by the CITY, the CITY may terminate this
Contract, in which case the CITY shall pay CDY only for services that have been
accepted by the CITY, in accordance with Section III of this Contract. Upon such
termination, the CITY, at its discretion, may obtain performance of the work elsewhere,
and CDY shall bear all costs and expenses incurred by the CITY in completing the work
and all damages sustained by the CITY by reason of CDY'S breach. . .
7. NO CONFLICT OF INTEREST
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CDY represents that it and its employees do not have any interest and shall not
hereafter acquire any interest, direct or indirect, which would conflict in any manner or
degree with the performance of this Agreement.. CDY further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this •
Agreement.
8. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
a. CDY shall perform the terms of the Contract using only its bona fide
employees or agents, and the obligations and duties of CDY under this Contract shall
not be assigned, delegated, or subcontracted to any other person or firm without the
prior express written consent of the CITY.
b. CDY warrants that it has not paid nor has it agreed to pay any company,
person, partnership, or firm, other than a bona fide employee working exclusively for
CDY, any fee, commission, percentage, brokerage fee, gift, or other consideration
contingent upon or resulting from the award or making of this Contract,
9. NON - WAIVER OF RIGHTS
The parties agree that the excuse or forgiveness of performance, or waiver of
any provision(s) of this Contract does not constitute a waiver of such provision(s) or
future performance, or prejudice the right of the waiving party to enforce any of the
provisions of this Contract at a later time. -
10. INDEPENDENT CDY
a. CDY'S services shall be furnished by CDY as an Independent consultant and
not as an agent, employee or servant of the CITY. CDY specifically has the right to
direct and control CDY'S own activities in providing the agreed services in accordance
with the specifications set out in this Contract.
b. CDY acknowledges that the entire compensation for this Contract is set forth
in Section III of this Contract, and CDY is not entitled to any CITY benefits, including, but
not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other
insurance benefits, fringe benefits, or any other rights or privileges afforded to CITY OF
YAKIMA employees.
c. CDY shall have and maintain complete responsibility and control over all of its
subconsultants, employees, agents, contractors and representatives. No subconsultant,
employee, agent, contractor or representative of CDY shall be or deem to be or act or
purport to act as an employee, agent or representative of the CITY.
d. CDY shall assume full responsibility for the payment of all payroll taxes, use,
sales, income or other form of taxes, fees, licenses, excises, or payments required by
any City, federal or state legislation which is now or may be enacted during the term of
this Contract as to all persons employed by CDY and as to all duties, activities and
requirements by CDY in performance of the work on this project and under this. Contract
and shall assume exclusive liability therefore, and meet all requirements there under
pursuant to any rules or regulations.
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• e. CDY agrees to immediately remove any of its employees, agents or.
contractors from assignment to perform services under this Contract upon receipt of a
written request to do so from the CITY'S Contract Representative or designee..
11. COMPLIANCE WITH LAWS
CDY shall comply with all applicable federal, state and local laws, rules and
. regulations in performing this Contract.
12. INSPECTION OF BOOKS AND RECORDS
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The CITY may, at reasonable times, inspect the books and records of CDY
relating to the performance of this Contract. CDY shall keep all records required by this
Contract for.six (6) years after termination of this Contract for audit purposes.
13. NONDISCRIMINATION
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CDY, its assignees, delegates, contractors or subconsultants shall not
discriminate against any person in the performance of any of its obligations. hereunder
on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital
status, veteran status, sexual orientation or the presence of any disability.
Implementation of this provision shall be consistent with RCW 49.60.400.
14. OWNERSHIP OF MATERIALS/WORK PRODUCED
a. Material produced in the performance of the work under this Contract shall be •
as wo.rks for hire as defined by the U.S. Copyright Act of 1976 and shall be owned by the
CITY. This material includes, but is not limited to, books, computer programs, plans,
specifications, . documents, films, pamphlets, reports, sound reproductions, studies,
surveys, tapes, and /or training materials. Ownership includes the right to copyright,
patent, register, and the ability to transfer, these rights. The.CITY agrees that if it uses
. any materials prepared by CDY for purposes other than those intended by this Contract,
it does so at its sole risk and it agrees to hold "CDY harmless therefore to the extent such
use is agreed to in writing by CDY.
• b. An electronic copy of all or a portion of material:.produced shall be submitted
to the CITY upon request or at the end of the .job using the word processing program
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and version specified by the CITY.
• 15. DISPUTES
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Differences between CDY and the CITY, arising under and by virtue of this
Contract, shall be brought to the attention of the CITY at the earliest possible time in .
order that such matters may . be settled or other appropriate action promptly taken. Any
dispute relating to the quality or acceptability of performance and /or compensation due
CDY shall be decided by the CITY'S Contract Representative or designee. All rulings,
orders, instructions and decisions of the CITY'S Contract Representative shall be final
• and conclusive, subject to CDY'S right to seek judicial relief pursuant to paragraph 16 of
this Section.
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16. CHOICE OF LAW, JURISDICTION AND VENUE
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a. This Contract has been and shall be construed as having been made and
delivered within the State of Washington and it is agreed by each . party hereto that this
Contract shall be governed by the laws of the State of Washington, both as to its
interpretation and performance.
b. Any action at law, suit in equity, or judicial proceeding arising out of this
Contract shall be instituted and maintained only in any of the courts of competent
jurisdiction in the CITY OF YAKIMA, Washington.
17. SEVERABILITY
a. If a court of competent jurisdiction holds any part, term or provision of this
Contract to be . illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations shall be construed
and enforced as if the Contract did not contain the particular provision held to be invalid.
b. If any provision of this Contract is in direct conflict with any statutory provision
of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall .be deemed modified to
conform to such statutory provision.
c. Should the CITY determine that the severed portions substantially alter this
Contract so that the original intent and purpose of the Contract no longer exists, the
CITY may, in its sole discretion, terminate this Contract. . •
18. NOTICES
Any notices shall be effective if personally served upon the other party or if
mailed by registered or certified mail, return receipt requested, to the addresses set out
in paragraph 2 of this Section. Notice may also be given by facsimile with the original to
follow by regular mail. Notice shall be deemed to have been given three days following
the date of mailing or immediately if personally served. For service by facsimile, service
shall be effective upon receipt during working hours: If a facsimile is sent after working
hours, it shall be effective at the beginning of the next working day.
19. ENTIRE AGREEMENT.. .
The parties agree that this Contract is the complete expression of its terms and
conditions. Any oral or written representations or understandings not incorporated in this
Contract are specifically excluded.
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VI. AUTHORIZED SIGNATORS
Committee for Downtown Yakima
B 9 S L/
Ja s E. Stickel, Chair. of the Board
Date: 2/) //0
City of Yakima
By: C\ �
R. A. Zais,Jr., City Manager
Date: ri,/
® CITY CONTRAC f NO ' f � ' y
RESOLUTION NQ: IQ- ,9ce 9 - I /"7
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Exhibit "A"
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I. CDY Downtown Maintenance Scope of Work
CDY shall provide for the maintenance and care of shrubs, plants and planter areas,
removal of litter, flower planting, manual anual plant watering, plant fertilization and weed
removal within the area of the City identified as the Downtown Yakima Business
Improvement District (DYBID) (specifically described in its expanded form by
Ordinance 2007 -15, approved by City Council on April 3, 2007, and also referred to a
s the "Central Business District "). Other areas also included in this Scope of Work
are the Millennium Plaza and the Park located at the south east comer of South 2nd
Street and Yakima Avenue. Specific provisions of this Scope of Work shall include:
1. Litter removal from the Central Business District daily, Monday through
Friday inclusive, from all, alleyways, sidewalks and street gutters.
2. From April 1 through October 15 each year lawn areas at the South 2nd
Street Park, Millennium Plaza, the four small lawn areas on the west side
of South 4 Street, and the planting beds and islands within the Central '
Business District shall be irrigated daily. The trees along Yakima Avenue
from 1 Street to 9 Street shall be irrigated by operation of the irrigation
timers for that area.
3. On a regularly monthly basis weed control shall be provided for planting
beds, islands, tree wells, flowerpots and sidewalk•cracks.
4. On a weekly basis lawn areas described in paragraph 2 above shall each
be mowed, trimmed and sidewalk areas adjacent to same cleaned of
cuttings and debris.
5, Each year annual plants and flowers shall be provided in the planting
areas, pots, and hanging baskets within the Central Business District
area to create an attractive eye - appealing environment. The quantity and
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location of annual plants and flowers will be determined by the resources
available.
6. The lawn areas. d escribed in paragraph 2, above, shall each be fertilized
no less than two times per year.
7. During the fall, dead vegetation and leaves shall be removed from the
planting areas, Millennium Plaza and the parks identified above within -
• the Central Business District and planting pots emptied of dead
vegetation to maintain an orderly appearance through the winter.
8. During the winter months snow and ice shall be removed from walkways
around the parking lots and from each pedestrian corner within the
Central Business District. Snow removal shall be initiated whenever an
accumulation of two or more inches of snow occurs, and shall include ice ® control on the stated areas, as necessary, to provide safe footing.
jc(cont) /CDY 'Services Agree. 1
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9. Sidewalks shall be swept weekly throughout the year, with pressure-
washing where and when required to maintain a clean appearance.
Sidewalks shall also be cleaned within twenty four (24) hours of the
conclusion of downtown public events, including but not limited to the
basketball tournament, vehicle cruise nights, Farmer's Market, and
parades. The CDY and the City will develop an event permit process that
includes a clean up deposit for major events.
10. The sidewalk trash receptacles within the Central Business District, as
defined in this Memorandum of Understanding, shall be emptied weekly,
at a minimum, to avoid spillover. The City will provide trash bags and
free dumpster space to dispose of the trash:
11. Graffiti shall be removed by painting, using solvent and pressure washing,
as is appropriate. All graffiti shall be removed within twenty four hours of
occurrence on weekdays.
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The . City will retain responsibility for repair and replacement of all landscape
infrastructure. Including, but not limited to pots, planters, hanging baskets and irrigation
systems.
11. CDY Downtown Safety Ambassador Program
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The CDY Safety Ambassadors shall provide security and ambassador services in the
form of bicycle and foot patrols. The patrol is intended to prevent, deter and report
illegal activities. The Ambassadors shall assist visitors, tenants and residents in the
•
Downtown area by answering questions and distributing maps and information about the
downtown area, helping to make downtown visitors feel comfortable. The Safety
Ambassadors shall maintain communication with the police and shall report illegal
activities to them. The Safety Ambassadors shall have assigned routes within the
Downtown area and shall patrol from June through October of each contract year.
•
jc(cont) /CDY Services Agree. 2
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RESOLUTION NO. R -2009-
A RESOLUTION authorizing the City Manager of the City of Yakima to execute the "CDY
Agreement for Professional and . Ambassador Services for the City of
Yakima" to provide maintenance, management and safety ambassador
services in the Downtown Yakima Public Improvement District (DYBID)
WHEREAS, the City of Yakima has a deep and abiding interest in the maintenance, •
beautification and preservation of the City's Downtown Core; and
WHEREAS, the City has authorized the DYBID fund, and also contributes directly for,
essential downtown maintenance services for renovated public amenities in downtown Yakima;
and
WHEREAS, it is essential that services . be provided to maintain, manage and provide
safety ambassador services for. the Downtown Yakima Business Improvement District ( DYBID)
established in 2008; and
WHEREAS, the Committee for Downtown Yakima (CDY) has the resources and
expertise to provide maintenance and safety management that is necessary to keep the City's
Downtown Yakima Business Improvement District attractive, clean and safe; and
WHEREAS, CDY has performed the Scope of Services over the last .three years in a
• ' manner strongly supporting this contract renewal for 2010; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the "CDY Agreement for Professional and Ambassador Services" with the Committee
for Downtown Yakima, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute in substantially the same
form but with modifications as necessary, the attached and incorporated "CDY Agreement for
Professional and Ambassador Services for the City of Yakima" to provide maintenance,
management and safety ambassador services in the Downtown Yakima Public Improvement
District (DYBID).
ADOPTED BY THE CITY COUNCIL this - day of December 2009.
ATTEST: David Edler, Mayor
• 1
City Clerk
�w,m.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
• AGENDA STATEMENT
Item No. ! t
For Meeting of: December 8, 2009
ITEM TITLE: Consideration of a Resolution authorizing execution of an agreement in
substantially the form presented with the Committee fon Downtown
Yakima (CDY) for maintenance, management and safety ambassador
services in the Downtown Yakima Public Improvement District (DYBID)
SUBMITTED BY: Chris Waarvick, Director of Public Works
Jeff Cutter, City Attorney
CONTACT PERSON/TELEPHONE: Chris Waarvick, 575 -6411
SUMMARY EXPLANATION:
Staff respectfully requests approval of the attached resolution authorizing the City Manager to
execute an agreement in substantially the form presented for maintenance, safety
ambassador and managerial services with the Committee for Downtown Yakima (CDY). This
agreement identifies the obligations of CDY and the City with respect to downtown
maintenance and safety within the new, larger. Downtown Yakima Business Improvement
District (DYBID, adopted by Council on August 6, 2008). CDY's Board is scheduled to meet
shortly and approve the agreement but there may be minor adjustments which will not
substantially affect the critical intent of the agreement.
The DYBID generates approximately $215,000 annually in assessments and special business
license fees. The City contributes an additional $50,000 directly to those purposes spelled out
in the Scope of Services. The City also pays for the irrigation water, pedestrian lighting costs,
and refuse disposal.
This contract has been consolidated from lengthier previous versions which had been brought
before Council over the last three years; originally approved by Council on April 17, 2007.
Resolution X Ordinance Other (Specify) Map
Contracts X Mail to (name and address): Dan Kelleher, CDY
Funding Source: CBD Fund $50 000
APPROVED FOR SUBMITTAL: �, City Manager
STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution.
BOARD /COMMISSION /COMMITTEE RECOMMENDATION: The Downtown Yakima Futures
Initiative (DYFI) Committee has expressed approval of the work performed under contract and
has recommended the full $50,000 funding for 2010 at their October 28, 2009 meeting. City
Council voted on 12/01/09, at the 2010 Budget Wrap -Up session, to restore the budget
• allocation to the original $50,000 level.
COUNCIL ACTION:
Resolution adopted.
RESOLUTION NO. R- 2009 -171
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