HomeMy WebLinkAbout12/01/2015 16 Southeast Yakima Community Center Operating Agreement Amendment with OICBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 16.
For Meeting of. December 1, 2015
ITEM TITLE: Resolution approving Amendment to the Southeast Yakima
Community Center Operating Agreement with OIC regarding 2015
Service Fee
SUBMITTED BY: Mark Kunkler, Senior Assistant City Attorney
SUMMARY EXPLANATION:
In 2009, the City of Yakima and OIC entered into an Operating Agreement for the Southeast Yakima
Community Center. The Operating Agreement calls for a payment of $75,000 annually by the City to OIC
for services performed during the term of the Operating Agreement. The Operating Agreement contains a
provision that states that the City will have no further obligation to pay any Service Fee after December 31,
2014. In September 2014, the Operating Agreement was renewed for an additional 5 -year term, but the above
Imitation on payment of Service Fees was not modified.
During the 2015 Budget process, the City Council approved a Budget that allocated payment of $75,000 to
OIC as a Service Fee for calendar year 2015. In order to authorize payment to OIC for services rendered,
HUD regulations require an underlying agreement that supports such payment. Consequently, the City and
OIC have negotiated the attached Amendment authorizing payment of the budgeted Service Fee for services
rendered in calendar year 2015.
Resolution: X
Other (Specify):
Contract: X
Start Date: January 1, 2015
Item Budgeted: Yes
Funding Source/Fiscal Impact:
Strategic Priority:
Insurance Required? No
Ordinance:
Contract Term: 2015 Calendar Year
End Date: December 31, 2015
Amount: $75,000.00
ONDS
Partnership Development
Mail to: OIC, 815 Fruitvale Boulevard, Yakima, WA 98902
Phone:
APPROVED FOR City Manager
SUBMITTAL:
RECOMMENDATION:
Adopt Resolution, approve Amendment.
ATTACHMENTS:
Description Upload Date Type
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RESOLUTION NO. R -2015-
A RESOLUTION authorizing the City Manager to execute and administer an amendment to
Southeast Yakima Community Center Operating Agreement between OIC
and City of Yakima, for 2015 Service Fee.
WHEREAS, the City of Yakima (City) and Opportunities Industrialization Center of
Washington (OIC) have previously entered into the Southeast Yakima Community Center
Operating Agreement (hereafter "Operating Agreement "), which Operating Agreement was
executed August 25, 2009 and approved by City pursuant to Resolution No. 2009 -110 adopted
on August 18, 2015; and
WHEREAS, the Operating Agreement provided for payment, by City to OIC, of an
annual $75,000 Service Fee for years 2010, 2011, and 2012, and specifically provided that no
Service Fee would be payable after December 31, 2014; and
WHEREAS, the City Council has previously adopted and approved the City's 2015
Budget, which budget included an allocation of $75,000 to be used as payment of a Service Fee
for calendar year 2015, but the Operating Agreement has not been amended to authorize
payment of such 2015 Service Fee; and
WHEREAS, City and OIC have negotiated an Amendment to the Operating Agreement,
which Amendment authorizes payment of $75,000 to OIC as the Service fee for calendar year
2015, subject to submission by OIC of quarterly reports substantiating performance of services
eligible for reimbursement from such funds, which Amendment is attached hereto as Exhibit "A"
and incorporated herein by this reference;
WHEREAS, the City Council finds and determines that approval of such Amendment 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. The Amendment to the Southeast Yakima Community Center Operating
Agreement, which Amendment is attached hereto as Exhibit "A," is hereby approved.
Section 2. The City Manager is hereby authorized to execute and administer the
attached Operating Agreement as amended; now, therefore
ADOPTED BY THE CITY COUNCIL this 1St day of December, 2015.
ATTEST:
Sonya Claar Tee, City Clerk
Micah Cawley, Mayor
AMENDMENT TO
CITY OF YAKIMA AND SOUTHEAST YAKIMA COMMUNITY CENTER
OPERATING AGREEMENT
(2015 Service Fee)
THIS AMENDMENT is entered into by and between CITY OF YAKIMA, a municipal corporation
(hereafter "City "), and OPPORTUNITIES INDUSTRIALIZATION CENTER OF WASHINGTON, a
Washington nonprofit corporation (hereafter "OIC "), for the uses and purposes hereafter stated.
I. RECITALS
A. On August 25, 2009, the parties entered into the "City of Yakima Southeast Yakima
Community Center Operating Agreement," approved by City pursuant to Resolution No.
2009 -110 adopted August 18, 2009 (hereafter "Operating Agreement ").
B. The Operating Agreement was subsequently renewed on or before September 1, 2014
for a new 5 -year term pursuant to Section 7 of such Operating Agreement.
C. Section 6 of the Operating Agreement set forth provisions for City's payment of an
annual Service Fee to OIC in the amount of $75,000.00, payable in quarterly
installments upon submission by OIC of sufficient quarterly reports. However, Section 6
of the Operating Agreement further provides that City shall not be obligated for payment
of the Service Fee after December 31, 2014. Notwithstanding such provision, City's
2015 Budget includes an allocation of $75,000.00 payable as a 2015 Service Fee to
OIC. The parties agree and understand that an Amendment to the Operating
Agreement is necessary and appropriate to enable City to make payment of such funds
to OIC as and for a 2015 Service Fee.
D. The parties are negotiating further amendments to the original Operating Agreement.
This Service Fee Amendment will enable the parties to resolve payment of the $75,000
allocated by City in its 2015 Budget, while allowing the parties to continue to negotiate
such further amendments and to continue discussions to resolve matters relating to
payment of any past Service Fees.
IN CONSIDERATION of the mutual covenants, promises, duties and benefits herein, the parties
agree as follows:
1. 2015 Service Fee. Section 6 of the Operating Agreement is supplemented to add
the following provision:
For OIC's services rendered during the calendar year January 1, 2015 through
December 31, 2015, the City shall pay OIC a service fee of Seventy -five Thousand
Dollars ($75,000.00), representing payment in quarterly amounts of $18,750.00 for
services rendered by OIC during each of the four calendar quarters during year
2015. Disbursements by the City of Yakima pursuant to this Amendment shall be
on a reimbursement basis covering actual expenditures by OIC or obligations of
OIC currently due and owing, but not paid. It shall be the sole responsibility of OIC
to prepare and present applicable reports required by HUD documenting services
rendered and expenses incurred for which reimbursement is sought.
Disbursements shall be limited to allowable costs and so shall be made upon the
occurrence of all the following, in addition to any other conditions contained herein
or in the special conditions:
1. Receipt by the City of Yakima ONDS of a written reimbursement request
on forms provided by the City of Yakima ONDS supported by copies of vouchers,
invoices, salary and wage summaries or other acceptable documentation; and
2. Determination by the City of Yakima ONDS that the expenditures or
obligations for which reimbursement is sought constitute allowable costs under the
principles set forth in Federal Management Circular 74 -4 "eligible costs under the
HOME Program" and that also fall within the applicable Project Budget.
Further, payment of any portion of the service fee is expressly conditioned upon
the provision of satisfactory services to the City, upon the availability of funds and
upon the program services qualifying under all applicable HUD /CDBG eligibility
payment criteria, guidelines and regulations.
2. Effect of Amendment. This Amendment is limited to payment of the Service Fee
for calendar year 2015. Nothing in this Amendment shall be construed to prejudice
or bar any party from discussing further amendments to the Operating Agreement
and to resolve any issues pertaining to payment of, or accounting for, any previous
Service Fee payment(s). Nothing in this Agreement shall be construed to establish
any obligation of City to pay any additional Service Fee or fees for any future year or
years beyond December 31, 2015, or any year or years prior to January 1, 2015.
Except as amended herein the Operating Agreement shall remain unchanged.
WHEREFORE, this Amendment is executed this day of 12015.
CITY OF YAKIMA
OPPORTUNITIES INDUSTRIALIZATION
CENTER OF WASHINGTON (OIC)
By: By:
City Manager
ATTEST: By:
By:
Sonya Claar Tee, City Clerk