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01/10/2012 05G Ratification of Amendment 2 to CDY's Agreement for Professional and Ambassador Services n-7 1j #i` ` ist BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of January 10, 2012 'l .rTas ■"4 .:V44 ..' ..,q a, s;.. ' � :,t vf. 4. :�14ti 23 , z. 4 K"':,t4 : .e�• :.� tr. n.. i�. ',.:_vN. ,,r, ,'sx�# i...ti.'S ::•. G�!:�r , k,e :�� J '. !'.. 4'rn ITEM TITLE: Resolution ratifying the City Manager's execution of Amendment 2 to CDY's Agreement for Professional and Ambassador Services SUBMITTED BY: Michael A. Morales, City Manager CONTACT PERSON/TELEPHONE: Michael A. Morales, 509 - 575 -6040 SUMMARY EXPLANATION: In order to provide minimal service continuity as the City engages in an RFP selection process to renew the Safe & Clean Activities in the Downtown Yakima Business Improvement District (DYBID), the City of Yakima and the Committee for Downtown Yakima have mutually agreed to amend City Contract Number 2011 -23 in accordance with Amendment 2 (attached). Resolution X Ordinance Other (specify) Contract: X Mail to: Contract Term: monthly Amount: $5,000 /month Expiration Date: Until new provider selected Insurance Required? No Funding Source: Parking lot funds and PBIA assessment fees Phone: APPROVED FOR t O City SUBMITTAL: * Manager STAFF RECOMMENDATION: Staff recommends that Amendment 2 be approved. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ CDY Amendment No. 2 Agreement ❑ CDY amendment resolution RESOLUTION NO. R -2012- A RESOLUTION ratifying the City Manager's execution of Amendment No. 2 to CDY Agreement for Professional and Ambassador Services for the City of Yakima, Washington (Agreement), City Contract Number 2011 -23 to maintain CDY's downtown services for the time period necessary to recruit and place under contract a longer term provider of these same services. 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 downtown area; and WHEREAS, CDY has the resources and expertise to provide maintenance and safety management that is necessary to keep the City's downtown district attractive, clean, and safe; and WHEREAS, the City Council has determined that it is in the best interests of the City of Yakima to authorize the allocation of two thousand five hundred dollars ($2,500) from the parking lot agreement in effect between the City and CDY, together with two thousand five hundred dollars ($2,500) from DYBID assessments the City shall receive under the newly formed DYBID; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council hereby ratifies the City Manager's execution of the attached and incorporated Amendment No. 2 to the CDY agreement for professionals services, contract number 2011 -23, which amendment will allocate five thousand dollars ($5,000) for the purpose of allowing CDY to continue to provide the professional maintenance and administrative services described in said Amendment No. 2 on a month -to -month basis. ADOPTED BY THE CITY COUNCIL this 10 day of January , 2012. ATTEST: Mayor City Clerk (ke)res /public defender agrmt AMENDMENT No. 2 to CDY AGREEMENT FOR PROFESSIONAL AND AMBASSADOR SERVICES for City of Yakima, Washington This Amendment No. 2 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 December, 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. 2 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 on a month to month basis in accord with the terms described herein. CDY's original Agreement was Amended by Amendment No. 1 to provide CDY the necessary funds to continue limited operation on behalf of the City through the end of December 2011. The City anticipates contracting for Downtown Yakima Business Improvement District safety and maintenance services with a service provider sometime in the spring of 2012. Pending that new contract for services the City wishes to continue its relationship with CDY, on a limited performance month to month basis, for provision of the services identified in Amendment No. 1 and described below. The City of Yakima agrees, in accord with the terms of this Amendment, to provide the additional resources set forth below in exchange for CDY's performance of said services. In exchange for the additional compensation identified in Section II, below, CDY agrees: 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" to Amendment No. 1 of the original Agreement, on a month to month basis until this Agreement is terminated; and B. To provide limited safety ambassador services in downtown Yakima, as set forth in the amended Scope of Services, attached as Exhibit "A" to Amendment No. 1 of the original Agreement, on a month to month basis until this Agreement is terminated; and C. To provide necessary parking lot services consistent with the Parking Agreement approved by Resolution 2009 -138 on October 20, 2009, that provides for parking lot service and maintenance for the several identified downtown City -owned parking lots, specifically to include litter and debris removal,, snow removal, equipment maintenance, collection and issuance of parking citations. jc(contract) /CDY Amendment No, 2 1 II. PAYMENT This Amendment No. 2 amends all prior 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, parking and maintenance services to the City in accord with the amended Scope of Services attached as Exhibit "A" to Amendment No. 1 of the original Agreement and as described in I (A), (B) and (C), above, on a month to month basis until this Agreement is terminated, the CITY agrees to pay CDY a total amount of Five Thousand Dollars ($5,000.00) per month for each month CDY continues to provide the specified services to the City until this Agreement is terminated. The Five Thousand Dollar monthly payments shall consist of Two Thousand Five Hundred Dollars ($2,500.00) from the parking lot Agreement in effect between the City and CDY, together with Two Thousand Five Hundred Dollars ($2,500.00) from DYBID assessments the City shall receive under the newly formed DYBID. 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 No. 2 to the underlying Agreement is subject to all of the specific terms and conditions of the original Agreement, as well as Amendment No. 1 thereof, unless and solely with respect to any specific terms of this amended Agreement No. 2 that amend or otherwise conflict with the terms and conditions of those underlying Agreements, in which case the terms set forth in this amended Agreement shall control the parties' performance. The parties further agree that the underlying Agreement, together with Amendment No.1 and this Amendment No. 2 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 SA Th Y ' J E. Stickel, Chair of the Board Date: . ) ("C /" :Z'G- // jc(contract) /CDY Amendment No. 2 2 City of Yakima nald B. Cooper, Ci "Manager Date: /cObl x jc(contract) /CDY Amendment No. 2 3