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Home My WebLink AboutR-2008-072 CDY - 2nd Amendment to Professional Service Agreement; Committee for Downtown YakimaRESOLUTION NO. R-2008-72 A RESOLUTION related to downtown maintenance and safety; authorizing the City Manager to execute a Second Amendment to CDY Agreement for Professional Services whereby the City will provide specific budgeted funding toward the work performed by the Committee for Downtown Yakima as part of the renewal of the CDY Contract with the City of Yakima for the remainder of 2008 through May of 2009. WHEREAS, on May 10, 2007 the City executed a professional services agreement with the Committee for Downtown Yakima (CDY) to obtain CDY's oversight of maintenance and security responsibilities within a specifically identified portion of the City center; and WHEREAS, in order to continue the work that has been initiated by CDY on behalf of the City in accord with the terms of the underlying Agreement, it is necessary for the City to amend the contract to extend it for an additional one-year term and to distribute Fifty Thousand Dollars ($50,000.00) of previously budgeted funds from the City to CDY to provide a portion of its required budget; and WHEREAS, the City Council has determined that the Second Amendment to CDY Agreement for Professional Services, attached hereto and incorporated herein by this reference, is necessary to continue the valuable professional services provided by CDY on behalf of the City ; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Second Amendment to CDY Agreement for Professional Services, thereby extending said Agreement for another year, providing a portion of the funding required by CDY so that CDY may continue providing services on behalf of the City, and providing an additional notice provision in the event CDY was unable to continue providing services on behalf of the City. ADOPTED BY THE CITY COUNCIL this 6th day of May, 2008. ATTEST: David E • er, Mayor Az1)-(n,oLL/ City Clerk (jc)res/Second Amendment- CDY Agreement 2008 • • • SECOND AMENDMENT TO CDY AGREEMENT FOR PROFESSIONAL SERVICES for City of Yakima, Washington This amendment to City Contract Number 2007-26, executed on May 10, 2007, is made and entered into on this day of May, 2008, 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 to amend the underlying City Contract Number 2007-26 with regard to the following provisions only. Section II, SCOPE OF SERVICES, paragraph 9, is hereby amended to read as follows: The City shall contribute an amount not to exceed a total of Fifty Thousand Dollars ($50,000.00) to CDY for the fulfillment of CDY'S obligations set forth in this contract and as represented within the terms of the Memorandum of Understanding referenced herein between the parties. This total contribution shall be payable from the City's CBD Capital Fund and shall include the maximum of Twenty Five Thousand Dollars ($25,000.00) paid to CDY under the terms of this contract, together with an additional Twenty Five Thousand Dollars ($25,000.00) for the City's share of costs of labor and materials to be provided by contractors CDY shall contract with to fulfill the specific obligations set forth herein and by the terms of the previously executed Memorandum of Understanding. In addition to the Fifty Thousand Dollars provided by the city from the CBD Capital Fund, the city shall allocate to CDY all assessments it receives from the Downtown PBIA No. 1 for the purpose of fulfilling CDY's obligations as stated within this agreement and as provided in the Memorandum of Understanding between the parties hereto; PROVIDED, that if the Downtown PBIA No. 1 is not renewed by the City Council, either in its previous form or as it may otherwise be re-established, the City shall have no obligation to provide any additional funding to CDY above the Fifty Thousand Dollars previously identified herein. Section V, STANDARD PROVISIONS, paragraph 1, is hereby amended to read as follows: The term of this Contract shall begin on the date last executed below, and shall terminate on June 10, 2009, unless terminated earlier by the CITY in accordance with paragraph 6 of this Section of this Contract. This Contract may be renewed annually by action of the City Council with the mutual agreement of both parties. Section V, STANDARD PROVISONS, paragraph 6, is hereby amended to add an additional sub -section (d), to read as follows: If, due to Toss of PBIA assessment revenue necessary to allow CDY to fully perform all of its duties and obligations as required under the terms and conditions of this Agreement and the terms and conditions of the Memorandum of Understanding (MOU) previously executed by the parties hereto, CDY is unable to continue to provide the services required of it under this contract and the MOU, CDY shall provide the City with not Tess than forty five (45) days written advance notice of the last day CDY will be able to provide the required "safe and clean" services under the terms of the Agreements. Attachment "A" to this contract, identified as "Schedule of 2007" is hereby amended as follows: ATTACHMENT A SCHEDULE OF2007 FEES PAYABLE BY THE CITY OF YAKIMA FROM THE CBD CAPITAL FUND FOR THE SCOPE OF SERVICES AS DEFINED IN SECTION II OF, THIS CONTRACT FOR THE FISCAL YEAR 2007/2008 SHALL NOT EXCEED FIFTY THOUSAND DOLLARS ($50,000.00). All other provisions, terms and conditions set forth in the underlying City Contract Number 2007-26 shall remain in full force and effect unless otherwise amended in writing per the conditions of said underlying Contract. Committee For Downtown Yakima City of Yakima • • By: By: Doug Picatti, Chair of the Board R. A. Zais, Jr., City Manager Date: Date: • • • • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. S For Meeting of: May 6, 2008 Second Amendment to Committee for Downtown Yakima (CDY) Agreement for Professional Services SUBMITTED BY: Chris Waarvick, Director of Public Works CONTACT PERSON/TELEPHONE: Chris Waarvick, 575-6411 SUMMARY EXPLANATION: On April 17, 2007 the City Council authorized, by Resolution R-2007-51 and Resolution R-2007-52, contracting with Committee for Downtown Yakima (CDY) for safety, maintenance and management services for Downtown Yakima. Part of that agreement authorizes $50,000 from the Parks Operating Fund to pay for management and maintenance services. CDY is working on a new PBIA assessment area assessment, yet that is not the subject of this agenda item. This agenda item allows CDY access to $50,000 budgeted from the Downtown Capital Budget for continued management and maintenance services. This $50,000, while part of the overall CDY budget for Downtown maintenance, safety and management purposes, is not part of the assessment calculation currently being vetted by CDY to businesses and non -profits in the newly expanded PBIA proposal. The City Council approved this $50,000 allotment in the 2008 Budget and CDY has requested access to these funds for continued activities they are engaged in. Resolution 1 Ordinance Other (Specify) Contract amendment Contracts Mail to (name and address): Funding Source: CBD Parking Fund APPROVED FOR SUBMITTAL: --° City Manager STAFF RECOMMENDATION: Approve the resolution authorizing execution of this contract amendment. BOARD/COMMISSION/COMMITTEE RECOMMENDATION: The full Council unanimously approved these funds in the 2008 Budget. COUNCIL ACTION: