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HomeMy WebLinkAboutR-2008-019 Southeast Community Center ContractRESOLUTION NO. R-2008-19 A RESOLUTION authorizing the City Manager of the City of Yakima to execute an amendment to the Southeast Community Center Operating Agreement between the City of Yakima, Washington and Opportunities Industrialization Center of Washington (OIC). WHEREAS, the City being the owner of the Southeast Yakima Community Center desires that the Southeast Community Center be managed, operated, and maintained as a neighborhood facility in order to meet the needs and desires of the poor and disadvantaged; and, WHEREAS, the City not having the staffing levels necessary to provide specialized management services approved a management operating agreement with OIC in 2004; and, WHEREAS, the City reviewed a request from OIC of Washington to extend the management fee for two more years, with the City Council approving that request during the 2008 Budget Process, with the service fee to come from Community Development Block Grant funds; and WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of the City amend the current Southeast Community Center Operating Agreement with OIC of Washington for specialized management services for the Southeast Community Center in accordance with the terms and conditions of the attached amendment 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 "Amendment to the Southeast Community Center Operating Agreement" with Opportunities Industrialization Center of Washington (OIC), to provide specialized management services for the Southeast Community Center. ADOPTED BY THE CITY COUNCIL this 15th day of January 2008. ATTEST: )71.(102.&_. : City Clerk • � Mayor AMENDMENT TO THE SOUTHEAST COMMUNITY CENTER OPERATING AGREEMENT WITH THE CITY OF YAKIMA, WASHINGTON This AMENDMENT to THE SOUTHEAST COMMUNITY CENTER OPERATING AGREEMENT (hereinafter "underlying Agreement") is made and entered into on this / day of La6raa-yy 2008, between the City of Yakima, a Washington municipal corporation (hereinafter referred to as "CITY"), and the Opportunities Industrialization Center of Washington, a Washington nonprofit corporation (hereinafter referred to as "OPERATOR"). CITY and OPERATOR, for mutual consideration hereinafter set forth, agree to amend the underlying Agreement (City Contract No. 2004-114) previously executed by the parities hereto as follows: I. OBJECTIVES The specific purpose for this amendment to OPERATOR with additional financial assistance the work of operating the Southeast Community years of the five (5) year term of the Agreement. three (3) of the five (5) years of the Agreement. II. AMENDMENT the underlying Agreement is to provide the necessary to allow the OPERATOR to continue Center on behalf of CITY for the final two (2) The initial Agreement was funded by CITY for a. Paragraph 3, Service Fee, of the underlying Agreement is amended to provide for the CITY's additional payment to OPERATOR of an annual fee of Seventy Five Thousand Dollars ($75,000.00) for each of the remaining two (2) years of the underlying Agreement, for a total additional service fee not to exceed One Hundred Fifty Thousand Dollars ($150,000.00). The additional payments shall be made in quarterly amounts of Eighteen Thousand Seven Hundred Fifty Dollars ($18,750.00), payable by CITY on or about the tenth day of February, May, August and November of the years 2008 and 2009. b. No payment shall be made for any work performed by the OPERATOR in accord with this amendment, except for work identified and set forth in the terms of the underlying Agreement. III. RETAINER Retainer is waived for CITY. IV. STANDARD PROVISIONS The parties agree that this amendment to the underlying Agreement is subject to all of the specific terms and conditions of the underlying Agreement, City Contract No. 2004-114, now in existence between the parties hereto, unless and solely with respect to any specific terms of this amended Agreement that conflict with the terms and conditions of the underlying Agreement, in which case the terms set forth in this amended Agreement shall control the execution of this (jc)IArnendment-OIC Operating Agreement Page 1 amended Agreement. The parties further agree that the underlying Agreement, together with the amendments to said Agreement set forth herein, 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 thereto are specifically excluded. VI. AUTHORIZED SIGNATORS Op ities Industria on Cente of Washington I i' . f, By: Executive Date: a, -' City of Yakima By: �� V R. A. Zais,Jr., Ci anager / ! Date: ATTEST: City Clerk City Contract No p4Opff-.070 Resolution No. R-2 ug --/9 (jc)/Amendment-OIC Operating Agreement Page 2 ITEM TITLE SUBMITTED BY BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 2 For Meeting of January 15, 2008 Consideration of a Resolution authorizing an Amendment to the Southeast Community Center Operating Agreement with the City of Yakima and OIC Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE. Denise Nichols, 575-6020 SUMMARY EXPLANATION City Council approved a management operating agreement with OIC to oversee the operations at Southeast Community Center (Attachment "A") The five-year agreement was signed in October 2004 The agreement allowed for a three-year management fee of $75,000 per year During the 2008 Budget process, OIC made a request to Council to extend the yearly fee for two more years. Council approved that request. The attached amendment allows for the continuation of the management fee This service fee will come from Community Development Block Grant funds Attachment "A" is the original 2004 OIC Agreement. Resolution X Ordinance Other (Specify) ContractsMail to (name and address) Funding Source APPROVED FOR SUBMITTAL. Community Development Block Grant funds City Manager STAFF RECOMMENDATION Staff respectfully requests the City Council to adopt the Resolution authorizing execution of an amendment to the Southeast Community Center Operating Agreement with the City of Yakima and the Opportunities Industrialization Center of Washington (OIC) BOARD/COMMISSION RECOMMENDATION COUNCIL ACTION