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HomeMy WebLinkAbout02/15/2022 06.N. Resolution extending the existing agreement with the Downtown Association of Yakima for maintenance, beautification, improvement and promotion of the City's downtown area 1 1411111\l'A 1—coi• oriV4 rr 11 !Id "i enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.N. For Meeting of: February 15, 2022 ITEM TITLE: Resolution extending the existing agreement with the Downtown Association of Yakima for maintenance, beautification, improvement and promotion of the City's downtown area SUBMITTED BY: Sara Watkins, City Attorney SUMMARY EXPLANATION: The City contracts with the Downtown Association of Yakima (DAY)for maintenance, beautification, improvement and promotion of the City's downtown area. The City and DAY are currently negotiating an updated contract between the parties and would like to extend the term of the current contract through December 31, 2022. The existing contract would terminate on either December 31, 2022, or on the date the parties enter into a new contract. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date Type D reso 2/9/2022 Corer Memo ❑ City&DAY Amendment to Agreement_2.15.22 2/1/2022 Contract 2 RESOLUTION NO. R-2022- A RESOLUTION extending the existing Agreement with Downtown Association of Yakima (DAY) for maintenance, beautification, improvement and promotion of the City's downtown area. WHEREAS, on or about July 1, 2017, under City Contract Number 2017-081 and Resolution Number R-2017-077, the City and DAY entered into an Agreement wherein DAY agreed to a scope of services and the City agreed to pay DAY to accomplish those services; and WHEREAS, the City and DAY have continued discussions regarding entering into a new Agreement regarding DAY's work in downtown Yakima and would like to extend the Agreement to allow for additional time to negotiate a new Agreement; and WHEREAS, it has been determined by both parties that the Agreement should be amended to extend the term through December 31, 2022, or the date on which a new Agreement is entered, with all other terms and conditions to remain the same; and WHEREAS, the City and DAY wish to amend the terms and conditions of the Agreement to extend the term, which the City Council finds is in the best interests of the City and its residents; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Amendment to Agreement Between the City of Yakima and Downtown Association of Yakima for maintenance, beautification, improvement and promotion of the City's downtown area until December 31, 2022, or until a new agreement is entered into, whichever occurs first. ADOPTED BY THE CITY COUNCIL this 15th day of February, 2022. Janice Deccio, Mayor ATTEST: Sonya Clear Tee, City Clerk 3 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF YAKIMA AND DOWNTOWN ASSOCIATION OF YAKIMA THIS AMENDMENT TO THE DOWNTOWN ASSOCIATION OF YAKIMA AGREEMENT FOR MAINTENANCE AND BEAUTIFICATION SERVICES ("Agreement") is made and entered into by and between DOWNTOWN ASSOCIATION OF YAKIMA, a Washington non-profit corporation ("DAY") and THE CITY OF YAKIMA, a Washington municipal corporation ("City"). WHEREAS, on or about July 1, 2017, under City Contract Number 2017-081 and Resolution Number R-2017-077, the City and DAY entered into an Agreement wherein DAY agreed to a scope of services and the City agreed to pay DAY to accomplish those services; and WHEREAS, the Agreement's term was 6 months with additional terms on a year- to-year basis; and WHEREAS, the City and DAY have continued discussions regarding entering into a new Agreement regarding DAY's work in downtown Yakima and would like to extend the Agreement to allow for additional time to negotiate a new Agreement; and WHEREAS, it has been determined by both parties that the Agreement should be amended to extend the term through December 31, 2022, or the date on which a new Agreement is entered, with all other terms and conditions to remain the same; and WHEREAS, the City and DAY wish to amend the terms and conditions of the Agreement to extend the term, which the City Council finds is in the best interests of the City and its residents; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is agreed by and between the City and DAY as follows: Section 1: Section V.1: Term of Agreement, of the attached and incorporated "Agreement" is amended to read as follows: 1. TERM OF AGREEMENT The effective date of this AGREEMENT shall begin July 1, 2017, and it shall terminate December 31, 2022, unless terminated earlier by the CITY in accordance with paragraph 6 of this Section of this AGREEMENT, or unless the Parties enter into a new Agreement. Prices shall remain firm for the first six month period of the AGREEMENT. Compensation for the remaining term of this AGREEMENT shall be determined after estimates of annual DYBID assessments, together with the amount available in the City's CBD account have been considered, any change in compensation during the term shall be approved through the City's budget process each fall. Section 2: Section V.3.b.: Agreement Representatives, of the attached and incorporated "Agreement" is amended to read as follows: 4 b. For CITY Name of Representative: Robert Harrison Title: City Manager Mailing Address: 129 North 2"d Street City, State and Zip Code: Yakima, WA 98901 Telephone Number: 509-575-6000 Email Address: bob.harrisonayakimawa.gov Section 3: Except as expressly modified herein, all other terms and conditions of the attached Agreement and its amendments shall remain in full force and effect. Section 4: Severability. If any section, subsection, paragraph, sentence, clause or phrase of this Amendment is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this Amendment. DATED this day of February, 2022. CITY OF YAKIMA DOWNTOWN ASSOCIATION OF YAKIMA Robert Harrison, City Manager Andrew Holt, Executive Director Date: ATTEST: City Clerk