2009/02/25 Council Agenda Packet

16, AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EVERETT AND SNOHOMISH COUNTY TOURISM BUREAU WHEREAS,the City and Contractor entered into a Professional Services Agreement dated as of November 5, 2007 (the"Agreement"); and WHEREAS, Section 4B of the Agreement provides the amount of compensation to Contractor for the first year of service under the Agreement; and WHEREAS, Section 4B of the Agreement provides that Contractor will submit a work plan and budget for each subsequent year of service; and WHEREAS, Section 4B of the Agreement provides that the City may, in its sole discretion, consider and approve an amendment to the Agreement to provide compensation for each subsequent year of service; and WHEREAS, Contractor has submitted a proposed second year work plan(the"Second Year Work Plan") and a proposed second year budget("Second Year Budget"), which are attached to this Amendment as Exhibit A and Exhibit B; and WHEREAS, the second year of service under the Agreement refers to the time period from November 5, 2008 to November 4, 2009 (the "Second Year of Service"). NOW THEREFORE, the City and Contractor agree as follows: 1. During the Second Year of Service, Contractor shall provide the services set forth in the Second Year Work Plan in accordance with the Second Year Budget. 2. Total compensation to Contractor for all services rendered during the Second Year of Service shall not exceed$130,095. Unless the Agreement is further amended, (i)the Contractor shall have no obligation to provide services after the Second Year of Service and(ii) the City shall have no obligation to provide any compensation for any services after the Second Year of Service. 3. All terms, conditions and provisions of the Agreement remain in full force and effect except as expressly modified by this Amendment. Unless the context clearly provides otherwise, all terms and conditions under the Agreement applicable to the first year of service shall also apply to the Second Year of Service. 4 C:\Documents end Settings\kshaw\l.ocal Settings\Temporary Internet Files\OLK1C\Amendment No 1 SCTB.doc(Yl 7/15/1999)