Loading...
12/11/2012 10 Miller Park Activity Site Use Contract Amendment with YPAL 4 ., x.;`,$ rid BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT I Item No. For Meeting of: December 11, 2012 0 . 43v ,#'"N� c i ms rr 1€x1,!(/ .7x 7 j t ' ttit, t 3. , 44 ' ) ITEM TITLE: Resolution authorizing Amendment to the Site Use Contract with the Yakima Police Athletic League (YPAL) in which the YPAL agrees to operate, manage and maintain the Miller Park activity Center in accordance with the amended terms and conditions in the Site Use Contract 2008 -117 when the space is also occupied by the City of Yakima Gang Free Initiative Youth and Family Development Center SUBMITTED BY: Cynthia I. Martinez, Senior Assistant City Attorney CONTACT Cynthia I. Martinez, Senior Assistant City Attorney /575- PERSON /TELEPHONE: 6030 SUMMARY EXPLANATION: The City has contracted with the Yakima Police Athletic League (YPAL) for the operation, management, and maintenance of the Miller Park Activity Center at 602 North Fourth Street in Yakima in accordance with the terms and conditions in the Site Use Contract executed in 2008. Due the success of this arrangement, the City and the Yakima Police Athletic League (YPAL) have agreed to extend the Site Use Contract on two occasions. The Site Use Contract currently expires on December 31, 2013. The YPAL has agreed to continue to manage, operate, and maintain the space with the added occupation of the Yakima Gang Free Initiative (YGFI) Youth & Family Development Center in accordance with the provisions, terms, and conditions of the Amended Site Use Contract. The Yakima City Council finds it to be in the best interest of the City to direct the City Manager to execute the attached Amendment to the Site Use Contract with the YPAL for the operation, management, and maintenance of the Miller Park Activity Center Resolution X Ordinance Other (specify) Contract: X Mail to: Has already been provided. Contract Term: one year Amount: Expiration Date: December, 31, 2013 Insurance Required? Yes Funding Phone: Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Amendment of Site Use Contract between the City of Yakima & YPAL Dec 2012 ❑ resolution ypal amendment AMMENDMENT OF THE SITE USE CONTRACT BETWEEN THE CITY OF YAKIMA AND YAKIMA POLICE ATHLETIC LEAGUE This amendment to the Site Use Contract (City Contract No. 2008 -117, adopted by Resolution No R- 2008 -147 on October 21, 2008) (hereafter "Contract" or "Site Use Contract ") with Yakima Police Athletic League (hereafter "YPAL ") is made and entered into by and between the City of Yakima (hereafter the "City ") and YPAL Whereas, the City entered into the Site Use Contract with YPAL for the operation, management, and maintenance by YPAL of the Miller Park Activity Center at 602 North Fourth Street in Yakima in accordance with the terms and conditions in the Site Use Contract; and Whereas, the original term of said Site Use Contract was for a three (3) year period from November 1, 2008, and ending October 31, 2011, and .Whereas, the City and YPAL have previously agreed to extend the Site Use Contract until December 31, 2013; and Whereas, Section 15 of said Site Use Contract allows the City the right to make changes in the Services within the general scope of this Contract (including, but not limited to, additions to or deletions from any Services, suspension of performance and changes and location of performance), and Whereas, the City and the YPAL wish the Yakima Gang Free Initiative (YGFI) Youth & Family Development Center also use space in the Miller Park Activity Center, with the YPAL continuing to manage, operate and maintain the facility as described in the Site Use Contract; and Now, therefore, the City and YPAL agree to the following addition and amendments to the Site Use Contract: 1 Addition to Section 3. Leases, License Agreements and License Revenue 3 4 YGFI Service Providers Must Carry Liability Insurance Unless otherwise authorized by the City of Manager, the City of Yakima shall require that all YGFI Service Providers using space in the Miller Park Activity Center shall maintain and provide proof of liability insurance coverage in accordance with Section 14 2 of this Contract, including but not limited to the same level of coverage. - The Policy shall name the City and YPAL, its elected and appointed officials, officers, agents, employees, and volunteers as additional insureds. 2. Amendment and Additions to Section 1. General Management, Responsibilities of the Parties, and Expenses of YPAL. 1 1(b) Except as otherwise provided herein, the YPAL shall, at.its sole expense and cost, promptly pay all costs of administration, operating expenses, maintenance costs, taxes, overhead, 4414ie and other fees relating to or arising out of the use of the Center The City agrees to provide cleaning services four days a week, not to exceed 8 hours as needed, and install and maintain a security system at its own expense. The cost of the security system shall not exceed $5,000 and the maintenance fee shall not exceed $100 a month. The City will also agree to pay for general improvements to enhance the facility, such as painting and blinds, not to exceed $5,000. These improvements should be completed as soon as feasible. YPAL may also seek additional financial resources from private and public sources (e g , private foundations, government grants) to pay these costs and donations for equipment, personnel, supplies and services to enhance the Center operations. However, the YPAL agrees not solicit the YGFI Service Providers housed at the center 3 Amendment to Section 4. Utilities. Section 4,1 of the Site Use Agreement shall be replaced with the following language: 4 1 The City of Yakima shall pay all charges for water, heat, lights, telephone, and power which may be required or used by the YPAL or the YGFI Service Providers in the use or operation of the Center. Except as expressly modified herein, all other terms and conditions of the Agreement between the City of Yakima and the Yakima Police Athletic League (City Contract No. 2008- 117) remain in full force and effect. CITY OF YAKIMA, YAKIMA POLICE ATHLETIC LEAGUE, a nonprofit organization J By By ��\ Tony O'Rourke, City Manager Ed Shoenbach, Chair of the Board of ©irectors Date Date 1 - ATTEST City Clerk City Contract No Resolution No . RESOLUTION NO. R -2012- A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute the Amendment to the Site Use Contract between the City of Yakima and Yakima Police Athletic League (YPAL) in which the YPAL agrees to operate, manage and maintain the Miller Park activity Center in accordance with the amended terms and conditions in the Site Use Contract 2008 -117 when the space is also occupied by the City of Yakima Gang Free Initiative Youth and Family Development Center. WHEREAS, on November 1, 2008, the City has contracted with the Yakima Police Athletic League (YPAL) for the operation, management, and maintenance of the Miller Park Activity Center at 602 North Fourth Street in Yakima in accordance with the terms and conditions in the Site Use Contract; and WHEREAS, the City and the YPAL have previously agreed to extend the Site Use Contract until December 31, 2013; and WHEREAS, Section 15 of said Site Use Contract allows the City the right to make changes in the services within the general scope of this Contract including, but not limited to, additions to or deletions from any services, suspension of performance and changes and location of performance, and WHEREAS, the City and the YPAL desire the Yakima Gang Free Initiative (YGFI) Youth & Family Development Center to also occupy space in the Miller Park Activity Center and the YPAL has agreed to continue to manage, operate and maintain the facility; and WHEREAS, the City and the YPAL desire that the facility be managed, operated, and maintained in accordance with the provisions, terms, and conditions of the Site Use Contract as amended, and WHEREAS,, the Yakima City Council finds it to be in the best interest of the City to direct the City Manager to execute the Amendment to the Site Use Contract with the YPAL for the operation, management, and maintenance of the Miller Park Activity Center; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council authorizes and directs the City Manager to .execute the attached Amendment of Site Use Contract with the Yakima Police Athletic League for the operation, management, and maintenance of the Miller Park Activity Center, which is located at 602 North Fourth Street in Yakima. ADOPTED BY THE CITY COUNCIL this 11` day of December, 2012. Micah Cawley, Mayor ATTEST: City Clerk