Downtown Everett Association 2/5/2019 Amendment 1

CITY AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EVERETT AND DOWNTOWN EVERETT ASSOCIATION FOR SIDEWALK RECYCLING SERVICES This Amendment No. 1 is dated for reference purposes diva O/ ("Effective Date"). Is it by and between the City of Everett, a municipal corporation under laws of the State of Washington("City")and the Downtown Everett Association,a Washington non-profit corporation("Service Provider"). RECITALS A. The City and Service Provider are parties to the Professional Services Agreement dated July 11, 2016(the"Agreement')for sidewalk recycling services. B. The Everett City Council by Ordinance No. 3582-17(the"2017 Ordinance")made certain changes to the Everett Business Improvement Area(the"BIA")impacting the number of city owned recycling containers within the BIA. C. The Service Provider now incurs additional monthly expenses for the processing of collected materials due to the collapse of the recycling market. AGREEMENT The City and Service Provider agree as follows: 1. The Agreement is modified so that as of the Effective Date,Service Provider shall be paid such amounts and in such a manner as follows: $14.00 per sidewalk recycle container per month. Total compensation,including all services and expenses,shall not exceed a maximum of$462 per month,or$5544 per year. 2. The Agreement is amended so that the Agreement remains in effect until December 31,2020. 3. At the sole discretion of the City,the City may consent to the Service Provider's signature on this Amendment being by email,fax,pdf or other electronic means,in which case such Service Provider signature will be deemed an original signature for all purposes. The City will be deemed to have given such consent effective upon execution of this Amendment by the Mayor of the City. 4. All provisions in the Agreement shall remain in effect except as expressly modified by this agreement.