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HomeMy WebLinkAbout11/15/2011 10 Committee for Downtown Yakima Contract Amendment • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: November 15, 2011 ITEM TITLE: A Resolution authorizing the City Manager to execute a Contract Amendment with the Committee for Downtown Yakima to continue certain Clean and Safe Services through December 31, 2011 SUBMITTED BY: Chris Waarvick, Director of Public Works Jeff Cutter, City Attorney CONTACT PERSON/TELEPHONE: Chris'Waarvick, 575 -6411 SUMMARY EXPLANATION: Staff respectfully requests Council consideration of a request from the Committee for Downtown Yakima for funds in the amount of $8,500 to continue CDY's Clean and Safe Services through December 31, 2011. The current PBIA funding source has yet to be reauthorized. The last revenues from the Third Quarter Assessment have . been paid to CDY. The PBIA funding source officially expired on September 8, 2011. After November 18, 2011, CDY will have no one on payroll and thus no longer able to provide services under the contract authorized by City Council • Resolution No. R- 2011 -32 adopted on February 1, 2011. The infusion of $8,500 from the Downtown Parking Fund will allow for CDY to perform certain tasks, as outlined in Exhibit "A" of the contract amendment, and complete the term of the current contract. There are sufficient resources and appropriation authority in the Parking Fund to accommodate this request to provide funding for one additional month to CDY. A side benefit would be that downtown public parking lot enforcement duties could still be nominally performed. This, is a Council policy decision. Staff is aware of City Council's deliberations on the re- formulation of the expired PBIA and sees no conflict between these two issues. They may be acted upon separately. Resolution X Ordinance_ Other (Specify) Contract Amendment Contracts X Mail to (name and address): Committee for Downtown Yakima Funding Source: Downtown P. inq Fund '.8 500 APPROVED FOR SUBMITTAL (I/ ' IL %.�,��'_ City Manager STAFF RECOMMENDATION: Staff recognizes that this is a Council Policy decision. BOARD /COMMISSION /COMMITTEE RECOMMENDATION: CDY's Board voted to request this additional funding from the City on November 2, 2011. COUNCIL ACTION: 4111 • RESOLUTION NO. R-2011-____ A RESOLUTION authorizing the City Manager's execution of Amendment No. 1 to CDY AGREEMENT FOR PROFESSIONAL AND AMBASSADOR SERVICES for City of Yakima, Washington (Agreement), City Contract number 2011 -23, providing for the payment of Eight Thousand Five Hundred Dollars ($8,500.00) of additional funds from downtown parking revenues to the Committee For Downtown Yakima (CDY) to maintain CDY's downtown services contract expiration on December 31, 2011. WHEREAS, the City of Yakima entered an Agreement with the Committee for Downtown Yakima (hereafter "CDY ") identified as City Contract Number 2011 -23, executed on February 2, 2011, for the provision of management and administrative services to benefit the designated Yakima downtown area; and WHEREAS, the Agreement obligated the City to provide a combination of City funding and assets received from the Downtown Yakima Business Improvement District (DYBID), together with .a portion of downtown parking revenues, to fund an Ambassador Safety Program and a Maintenance Services Program for the City's designated downtown area; and 411/ WHEREAS, the DYBID was disestablished by action of the City Council on S 8, 2011, in accord with the terms of the ordinance that initiated the district; and WHEREAS, CDY has been unable to establish a new PBIA/DYBID in the downtown area and is therefore without sufficient revenue to meet its contract obligations for the full provision of services specified in the Agreement through the term of the Agreement; and WHEREAS, CDY has determined that in order to continue to operate and to provide a reduced level of professional maintenance and administrative services from November 15' 2011 through the duration of the current Agreement that will expire on December 31, 2011, it will require an additional Eight Thousand Five Hundred Dollars ($8,500.00) from the City; and WHEREAS, the necessary Eight Thousand Five Hundred Dollars ($8,500.00) is available in the City's downtown parking fund to provide this additional resource to CDY; and WHEREAS, it is necessary to amend the underlying City Contract Number 2011- 23 to authorize the allocation of downtown parking revenues and to identify the reduced services the City will receive from CDY through the term of the Agreement through Amendment No. 1 to the Agreement; and WHEREAS, the City Council has determined that it is in the best interests of the City of Yakima to authorize the allocation of Eight Thousand Five Hundred Dollars • ($8,500.00) of downtown parking funds for the purpose of maintaining CDY's ability to 1 provide the City with reduced professional maintenance and administrative services • through the term of the Agreement; 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 Amendment No. 1 to the CDY Agreement For Professional Services, City Contract Number 2011 -23, which amendment will allocate Eight Thousand Five Hundred Dollars ($8,500.00) of downtown parking funds to CDY for the purpose of allowing CDY to continue to provide the reduced professional maintenance and administrative services described in said Amendment No. 1 through the term of the Agreement that will expire on December 31, 2011. ADOPTED BY THE CITY COUNCIL this 15 day of November, 2011. Micah Cawley, Mayor ATTEST: City Clerk 2 AMENDMENT No. 1 to CDY AGREEMENT FOR PROFESSIONAL AND AMBASSADOR SERVICES for City of Yakima, Washington This Amendment No. 1 to the CDY AGREEMENT FOR PROFESSIONAL AND AMBASSADOR SERVICES for City of Yakima, Washington (hereinafter "Agreement ") is made and entered into on this day of November, 2011 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 Agreement as follows: I. OBJECTIVES This Amendment No. 1 to the Agreement between the parties hereto is entered to provide CDY with necessary additional funding resources to permit CDY to fulfill certain key elements of the original Scope of Services included in the Agreement. CDY has been unsuccessful in establishing a new DYBID and will run out of adequate operational resources on November. 15, 2011. The City of Yakima desires to continue its relationship with CDY, on a limited performance basis, through the original term of the Agreement and • therefore agrees, in accord with the terms of this Amendment, to provide the additional resources set forth below in exchange for CDY's performance of revised services. Under the terms of this Amendment No. 1, the Agreement Objective and Scope of Work are amended to provide that CDY shall continue, through the term of the Agreement: A. To provide administrative, management and maintenance services in downtown Yakima and to fulfill the agreements and obligations set forth in the amended Scope of Services, attached as Exhibit "A" hereto, in lieu of the previously agreed services, for the remainder of the term of the Agreement. B. To provide limited safety ambassador services in downtown Yakima, as set forth in the amended Scope of Services, attached as Exhibit "A" hereto, in lieu of the previously agreed safety ambassador services, for the remainder of the term of the Agreement. II. PAYMENT This Amendment No. 1 amends the terms of payment from the City to CDY as follows: A. Consultant, Management, Administrative, Advisory and Maintenance Services 1. As consideration for CDY's agreement to continue to provide managerial, administrative, advisory and maintenance services to the City in accord with the amended 1111 Scope of Services attached hereto as Exhibit "A ", and in addition to the compensation previously paid to CDY by the City in conformity with the Agreement, the CITY agrees to 1 pay CDY an additional Eight Thousand Five Hundred Dollars ars ($8,500.00) from downtown parking revenues to allow CDY to complete its Agreement with the City upon the termination of DYBID assessment proceeds. 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. III. ENTIRE AGREEMENT The parties agree that this amendment to the underlying Agreement is subject to all of the specific terms and conditions of the underlying Agreement now in existence between the parties hereto, unless and solely with respect to any specific terms of this amended Agreement that conflict with the terms and conditions of the underlying Agreement, in which case the terms set forth in this amended Agreement shall control the execution of the Agreement. The parties further agree that the underlying Agreement, together with this Amendment No. 1 to said Agreement is the complete expression of the terms and conditions of performance by the parties hereto. Any oral or written representations or understandings not incorporated in the underlying Agreement as amended by this Amendment are specifically excluded. V. AUTHORIZED SIGNATORS • Committee for Downtown Yakima By: James E. Stickel, Chair of the Board Date: City of Yakima By: Donald B. Cooper, City Manager Date: 2 • EXHIBIT "A" Under the terms of Amendment No. 1 to the Agreement, in consideration of the City providing additional funds to the Committee for Downtown Yakima (CDY) for reduced services through the remainder of term of the Agreement, CDY agrees to provide the following services on behalf of the City through December 31, 2011: Clean Services • Daily Trash Removal — CDY will remove trash daily throughout the district and will pick up trash and remove leaves from all City -owned parking Tots. • Graffiti Removal — CDY will provide graffiti removal from public property throughout the entire district, weather permitting. CDY shall use a combination of chemicals and pressure washing equipment that is sensitive to the various surfaces in downtown Yakima. • Snow Removal — In the event of snow CDY will plow City -owned parking lots, clear adjacent sidewalks and apply ice -melt as needed to prevent ice build up. Safety Services CDY will continue to actively maintain a safe environment for visitors, customers and employees by providing directions and information to citizens and tourists, discouraging panhandling in City -owned parking lots and notifying law enforcement officers of any downtown security concerns.