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12/11/2012 04F Block by Block Professional and Ambassador Services Agreement - Second Amendment 4 � k :. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. t For Meeting of: December 11, 2012 I P e5, t.zl,: n.:r:, ,.; =N '`^.d:ir 'r�. :::::'� sF ..:;.Ka b".7Frd.�,... t'+v t�. �... ,,': i,? rs 4 {..f5xtYA ' ;.n PJ7 T rt`,k'.: •,t".LL[ ITEM TITLE: Resolution authorizing Second Amendment to the Block by Block Agreement for Professional and Ambassador Services in the Downtown Yakima Business Improvement District (DYBID) SUBMITTED BY: Sean Hawkins, Economic Development Manager CONTACT PERSON /TELEPHONE: Sean Hawkins, Economic Development Manager 575 -6274 SUMMARY EXPLANATION: Due to the reduction in the size of the DYBID going into effect on January 1, 2013, City Staff has reduced the size of the contract with Block by Block from $230,000 to $161,391 to reflect the new revenue amount in the new district. Resolution X Ordinance Other (specify) Contract: X Mail to: Mydatt Services, Inc. dba Block by Block; Legal Dept., 7135 Charlotte Pike, Ste. 100, Nashville, TN 37209 Contract Term: 01/01/13 - Amount: $230,000 to Expiration Date: 06/30/13 $161,391 Insurance Required? Yes Funding Phone: 502/634 -6660 Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests City Council approval of the attached resolution authorizing the City Manager to execute Contract Amendment No. 2 with Block By Block. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ BBB Resolution ❑ block by block 2nd amendment RESOLUTION NO. R -2012- A RESOLUTION authorizing and directing the City Manager to execute the Second Amendment to the Block By Block Agreement for Professional and Ambassador Services - WHEREAS, the City requires a contractor to provide services for assessed properties and owners of businesses in the Downtown Yakima Business Improvement District (DYBID); and WHEREAS, the City has recently entered into an Agreement with Mydatt Services Inc. d.b.a. Block by Block dated July 1, 2012 (Contract No. 2012 -55); and WHEREAS, the City on November 20, 2012 voted to reduce the size of the Downtown Yakima Business Improvement District (Council resolution 2012 — 131) from an estimated value of $221,307 in annual assessments in 2012 to $189,312 in annual assessments in 2013; and WHEREAS, Block by Block has the experience and expertise to provide the necessary additional cleaning and graffiti abatement services and is willing to do so in accordance with the terms and conditions of the attached amendment to the agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to reduce the annual contract value with Block by Block from $230,000 annually to $161.391.89 with this amendment with Mydatt Services, Inc. dba Block by Block, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated Second Amendment to the Block by Block Agreement for Professional and Ambassador Services for cleaning and graffiti abatement services for the Downtown Yakima Business Improvement District (DYBID) and adjacent locations to be executed on January 1, 2013. ADOPTED BY THE CITY COUNCIL this day of December 2012. ATTEST Micah Cawley, Mayor Sonya Claar Tee, City Clerk Distributed at the Meeting is SECOND AMENDMENT TO THE BLOCK BY BLOCK AGREEMENT FOR PROFESSIONAL AND AMBASSADOR SERVCES This SECOND AMENDMENT TO THE AGREEMENT (the "Amendment Agreement ") is entered into as of 5th day of December, 2012 ( "Effective Date ") by and between Mydatt Services, Inc. dba Block by Block having an address of 7135 Charlotte Pike, Nashville, TN 37209 ('Block By Block ") and City of Yakima having an address of 2301 Fruitvale Blvd., Yakima, WA 98902 ( "City "). The following provisions form the basis for, and are hereby made a part of, this Amendment Agreement: WHEREAS, the parties have entered into an AGREEMENT dated July 1, 2012 (the "Agreement "). WHEREAS, the parties now wish to amend certain terms of the Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each party to the other, the parties hereto do hereby agree as follows: 1. For purposes of this Amendment Agreement, any capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Agreement. 2. The parties agree to amend Section III. Payment(A)(1). Now this section shall contain the following as the last sentence in this Section: "As of January 1, 2013 (the "Effective Date" ), the forgoing pricing shall be replaced by the pricing and cost information set forth in Exhibit A, attached hereto and incorporated herein by this reference." 3. The parties also agree that Exhibit A, attached hereto and incorporated herein by this reference, shall be the Exhibit A referenced in the above amended language for Section III Payment. 4. Except as expressly set forth herein, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement under their respective hand as of the day and year first written above. Block by Block City: By: By: Name: Name: Title: Title: Exhibit -A Downtown Yakima BID January 1, 2013 through Dec 31, 2013 For Professional and Ambassador Services ; . , Budget Summary Vr ;d Category Cost % of Total Labor $ 89,701.57 Benefits $ 8,578.64 5.3% Labor Related (background checks, recruiting, awards, etc.) $ 2,229.37 1.4 Uniforms $ 2,981.77 1.8°/. Supplies - Janitorial $ 4,662.19 2.9% Operations Center & Utilities $ 7,370.00 4.6% Landscaping Repairs $ 500.00 0.3% Equipment $11,014.75 6.8% Equipment Related (fuel, maintenance, insurance, etc.) $ 7,626.67 4.7°/. Office Supplies & Printing (collateral pieces) $ 1,440.00 0.9% Management Training $ 1,800.00 1.1% Administrative Support (mgnt, travel, postage, etc.) $ 10,843.33 6.7% Profit (8.5% of all above expenses) $ 12,643.60 7.8% TOTAL $ 161,391.89 , . November March - Primary Position Hours Sun Mon Tues Wed Thurs Fri Sat Total Assignment _ Cleaning 7am- 3:30pm •uuuuuu 40 Ambassadors Cleaning Operations Manager All gam - 5pm Daily Totals 0 OmEImE110 Total Scheduled Weekly Hours 80 Aril- October Primary Position Hours Sun Mon Tues Wed Thurs Fri Sat Total Assignment ' _ Cleaning 7am - 3:30pm :284 Cleaning clam - 5:30pm Ambassadors Landscaping 9am - ilam Operations Manager All Sam - 5pm Daily Totals 0 ya° Total Scheduled Weekly Hours 112