HomeMy WebLinkAboutR-2014-055 Southeast Yakima Community Center Operating Agreement Addendum re Food Bank Operation RESOLUTION NO. R- 2014 -055
A RESOLUTION approving and authorizing the City Manager to execute an Addendum to
the Southeast Yakima Community Center Operating Agreement between
the City of Yakima and Opportunities Industrialization Center of
Washington (OIC), concerning operations of the Yakima Food Bank.
WHEREAS, the City of Yakima (City) owns and operates the Southeast Yakima
Community Center, and has entered into an Operating Agreement for such facilities with OIC,
which agreement was approved by Resolution No 2009 -110 on August 18, 2009,
WHEREAS, the Yakima Food Bank, a Washington nonprofit corporation and charitable
organization, has for many years operated a food bank to distribute food to members of the
community. The current food bank operations are conducted out of an older building situated
on the south parking lot of the Southeast Yakima Community Center; and
WHEREAS, the Yakima Food Bank is in the process of partnering with Yakima Rotary
Trust and the City of Yakima for demolition of the current food bank building and construction of
a new facility on such site; and
WHEREAS, the City of Yakima and OIC desire to enter into an Addendum to amend the
Southeast Yakima Community Center Operating Agreement to provide for cooperation between
the parties to coordinate and facilitate such food bank construction and operations, and
WHEREAS, the City Council finds and determines that approval of such Addendum, a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, is in
the best interests of residents of the City of Yakima and will promote the general health, safety
and welfare; therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. That the Addendum attached hereto and incorporated herein as Exhibit
"A," amending the Southeast Yakima Community Center Operating Agreement between the City
of Yakima and OIC, is hereby approved.
Section 2. The City Manager is hereby authorized to execute and administer such
Addendum and to append such addendum to the Southeast Yakima Community Center
Operating Agreement previously approved pursuant to Resolution No. 2009 -110; now,
therefore,
ADOPTED BY THE CITY COUNCIL this 15 day of April, 2014.
4
Micah Cawl , Mayor
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City Clerk , c;) Cn
ADDENDUM TO
CITY OF YAKIMA AND SOUTHEAST YAKIMA COMMUNITY
CENTER OPERATING AGREEMENT
(Yakima Food Bank)
THIS ADDENDUM is entered into by and between the City of Yakima ( "City ") and
Opportunities Industrialization Center of Washington ( "OIC ") for clarification of the rights
and duties of the parties under the Southeast Yakima Community Center Operating
Agreement pertaining to operations of the Yakima Food Bank, all as set forth and
further described below.
I. Recitals
A. City and OIC have previously entered into the "City of Yakima and Southeast
Yakima Community Center Operating Agreement" (hereafter "Operating Agreement "),
approved pursuant to City Resolution No. 2009 -110 adopted August 18, 2009.
Pursuant to such Operating Agreement, OIC provides program services to the
community based in and upon the Southeast Community Center facilities and property,
and provides administration, maintenance and management of such services and
facilities.
B. Yakima Food Bank is a nonprofit corporation of the State of Washington and is
designated a charity exempt from taxation under Internal Revenue Code Section
501(c)(3). Yakima Food Bank has for many years used a portion of the south parking
lot (and the existing structure in such parking lot) of the Southeast Community Center,
typically on Fridays from 7:00 a.m. to 12:00 Noon to distribute food to community
members, with incidental use by Yakima Food Bank volunteers on Thursdays and at
other times to prepare for Friday food distributions, and to receive deliveries of food for
distribution.
C. Yakima Food Bank typically serves approximately 400 persons during its Friday
food distribution, at which times persons receiving food use the south parking lot for
parking of vehicles. Such use of the south parking lot has historically been
accommodated by operators of the Southeast Community Center, although such food
bank operations have not been designated as a service provided by such operators.
D. Yakima Food Bank has requested permission to construct certain improvements
to the existing structure upon the Southeast Community Center south parking lot that
currently houses food bank operations. Such improvements will consist of removal of
the existing building and construction of a new structure to house food bank facilities.
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E. The City, as owner of the subject property, desires to enter into a license
agreement with Yakima Food Bank to accomplish these improvements, but desires to
enter into this Addendum with OIC to clarify the operations of the Yakima Food Bank as
they relate to operations of the Southeast Community Center.
II. Agreement
1. Recognition of Past and Existing Yakima Food Bank Service. The parties
acknowledge the services to the community provided by Yakima Food Bank for the past
several years. These food bank services have been provided using a portion of the
Southeast Community Center property, including the existing building, located upon the
south parking lot of the Southeast Community Center property.
2. Yakima Food Bank Proposed Improvements. Yakima Food Bank has proposed
improvements to the area and structure within the south parking lot upon a designated
parcel being sixty (60) feet by seventy -five (75) feet in area, incorporating the area
currently occupied by the existing structure. The proposed improvements are: removal
of the existing building and construction of a new building to house food bank
equipment, food, supplies and refrigeration facilities.
3. Approval of Construction Plans. City will confer with OIC regarding construction
plans for the improvements described in Section 2 above. City and OIC will cooperate
regarding any reconfiguration of parking spaces within the south parking lot to facilitate
operational needs of OIC and Yakima Food Bank, so that operational needs of both OIC
and Yakima Food Bank can be maintained. City reserves the right to issue final design
approvals.
4. Scheduling of Construction. City will cooperate with OIC regarding
scheduling of such construction, and will work with OIC and Yakima Food Bank to
minimize loss of available parking spaces within the south parking lot during
construction.
5. Inclusion of Indemnification and Hold Harmless Provisions. City will include
within any license agreement with Yakima Food Bank a provision requiring Yakima
Food Bank to defend, indemnify and hold harmless OIC, together with its officers,
employees and volunteers, from any claims, damages and losses, arising out of Yakima
Food Bank's use and operation of its food bank activities, and construction of
improvements upon the subject property.
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6. Effect of Addendum. The purpose of this Addendum is to clarify the
activities of Yakima Food Bank upon Southeast Community Center property as such
relate to food bank activities and construction of anticipated improvements. Except as
otherwise specifically set forth in this Addendum, the provisions of the Operating
Agreement between City and OIC shall remain unchanged.
7. Effective Date. This Addendum shall be effective upon the date executed by
the last party to sign below.
WHEREFORE, the parties have executed this Addendum as follows:
CITY OF YAKIMA OPPORTUNITIES INDUSTRIALIZATION
. CENTER OF WASHINGTON (OIC)
B By: late i .. ,04,1
Tony O'Rou ! e, City Manager Steve Mitchell, Chief Executive Officer
Date: tio , 2014 Date: 3- 13 ° , 2014
By: ' `
ATTEST:
Date: • / 3 , 2014
Otaa ./ I
By
Sonya Claar Tee, City Clerk /' 1 "�
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CITY CONTRACT NO' e'/0//////�� � r.� ��r
RESOLUTION NO :o,,,�,p�.OV1y — os )'
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5"
For Meeting of: 4/15/2014
ITEM TITLE: Resolution authorizing an Addendum to the Southeast
Yakima Community Center Operating Agreement between
the City of Yakima and Opportunities Industrialization Center
of Washington (OIC), concerning operations of the Yakima
Food Bank.
SUBMITTED BY: Scott Schafer, Director of Public Works
Ken Wilkinson, Parks and Recreation Manager, 576 -6416
SUMMARY EXPLANATION:
It is the desire of the City of Yakima for an Addendum to the Southeast Yakima Community
Center Operating Agreement. The Addendum is entered into by and between the City of
Yakima and Opportunities Industrialization Center of Washington ("010") to clarify the rights and
duties of the parties under the Southeast Yakima Community Center Operating Agreement
pertaining to operations of the Yakima Food Bank. (See attached Addendum)
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term:
Start Date: April 15, 2014 End Date: September 2, 2014
Item Budgeted: No Amount:
Funding Source /Fiscal N/A
Impact:
Strategic Priority: Partnership Development
Insurance Required? No
Mail to: '
Phone: 509 - 576 -6416 .
APPROVED FOR M
SUBMITTAL: City Manager
RECOMMENDATION:
Staff respectfully requests City Council approve the Resolution authorizing the City Manager to
execute an Addendum to the Southeast Yakima Community Center Operating Agreement.
ATTACHMENTS:
Description Upload Date Type
Resolution approving and authorizing the City
Manager to execute an Addendum to the City of 3/26/2014 Resolution
Yakima and Southeast Yakima Community Center
operating agreement (Yakima Food Bank)
Addendum to City of Yakima and Southeast
0 Community Center Operating Agreement (Yakima 3/26/2014 Contract
Food Bank)
City of Yakima - Geographic Information Services Exhibit i b it A.
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�� or,.,oceunaac In the information provided or for any notion Wen. or notion not lakes by the user in reliance upon any macs or inroi motion provided herein
Created: Tuesday, Feb. 4, 2014 at 2:21 PM