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