HomeMy WebLinkAbout07/07/2026 13.B. Request for Proposals (RFP)for operation of the Harman Center and Washington Fruit Community Center 1!!
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 13.B.
For Meeting of: July 7, 2026
ITEM TITLE: Request for Proposals (RFP)for operation of the Harman Center and
Washington Fruit Community Center
SUBMITTED BY: Gary Ballew, Assistant City Manager
SUMMARY EXPLANATION:
Attached for Council awareness are the Request for Proposal (RFP) for the operation of the Harman
Center and the Washington Fruit Center.
Per the RFP:
To ensure a fair and consistent process, prospective proposers shall not contact other City employees,
officials, departments, or representatives regarding this solicitation unless specifically authorized by the
RFP Coordinator.
RFP Coordinator Contact Information
Rudy Silva III, MBA, CPPB
Purchasing Manager
Email: rudy.silva@yakimawa.gov
Phone: (509) 575-6094
Proposed RFP Calendar
Project Milestone Anticipated Date
RFP Issued June 30, 2026
Pre-Proposal Conference/Site Visit July 7, 2026, 11:00 AM (local WA State time)
Due Date for Written Questions July 20, 2026
Addenda Issued /Answers Provided July 24, 2026 (Target)
Deadline for Submittal of Proposals July 30, 2026, 2:00:00 PM (local WA State time)
Evaluation of Submittals by City July 31 —August 14, 2026
Interviews Begin (if requested) August 17-21, 2026
Recommendation of Award, Contract Negotiations, August 24 —September 14, 2026
Finalize Award
City Council Contract Approval _October 6, 2026
Current City Operations End December 31, 2026
Contract Start Date January 1, 2027
Programming Commence Deadline March 1, 2027
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ITEM BUDGETED: N/A
STRATEGIC PRIORITY 24-25: An Engaged Yakima
RECOMMENDATION: None.
ATTACHMENTS:
12619P Operatons Management_HC_Final Draft.docx
12618P Operatons Management_WFCC_Final Draft.docx
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Request for Proposals ( RFP)
No. 12619P
Operating and Management Services
for the operation
of the City of Yakima's Harman Center
Submit Through: PublicPurchase.com Issue Date: June 30, 2026
Site Visit: July 7, 2026, 11:00 AM [not required] Proposals Due: July 30, 2026,02:00:00 PM
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CITY OF YAKIMA
NOTICE TO PROPOSERS
RFP NO. 12619P
Notice is hereby given by the undersigned that electronic sealed Requests for
Proposals will be accepted via PublicPurchase.com until the hour of 2:00:00 PM local
Washington State time on July 30, 2026. RFPs will be publicly opened in Yakima City
Hall, Council Chambers, 129 N. 2nd Street,Yakima,Washington 98901. At such time,
Proposers' names will be publicly read for the opportunity to be considered for an
Operating Agreement for the operation of the City of Yakima's Harman Center.
Instructions to register with PublicPurchase.com are available at
www.yakimawa.gov/services/purchasing
A pre-proposal conference and site visit will be held at 11:00 AM on July 7, 2026 at
the Harman Center, 101 N 65th Ave., Yakima, WA 98908. Attendance is not
mandatory; however, Proposers are strongly urged to attend.
The City of Yakima reserves the right to reject any&all RFPs. The City hereby notifies
all Proposers that it will affirmatively ensure compliance with WA State Law Against
Discrimination (RCW chapter 49.60) & the Americans with Disabilities Act (42 USC
12101 et seq.)
Dated this 30th day of June 2026
Rudy Silva Ill, MBA, CPPB
Purchasing Manager
City of Yakima
Publish on June 30&July 2, 2026
YHR Account#: 10944
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Table of Contents
Section 1 Project Summary 4
Section 2 Background and Current Operations 4
Section 3 Financial Operating Model 6
Section 4 Project Timeline 8
Section 5 Inquires 8
Section 6 Addenda 9
Section 7 Proposal Requirements 9
Section 8 Proposal Submittal Documents 12
Section 9 Submitting a Proposal 14
Section 10 Evaluation Criteria 15
Section 11 Post Evaluation and Award 16
Section 12 General Terms and Conditions 16
Section 13 Attachments 17
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City of Yakima
Request for Proposals (RFP) No. 12619P
Operation and Management Services for the operation
of the City of Yakima's Harman Center
Section 1 Project Summary
This Request for Proposals (RFP) invites proposals from qualified Proposers interested in the opportunity to provide
management services for the operations of the City of Yakima's Harman Center (City) , including the Harman Center
facility, Gailleon Park and surrounding greenspace, and the parking lot on the premises (collectively referred to as the
"Facility").
The City owns the Facility and is soliciting proposals from qualified organizations to enter into an operating agreement
for the management and operation of the Facility.
The Harman Center is a senior community center with a focus on providing socialization, community services, physical
wellness, mental/cognitive services and recreational and educational services for adults 50 and older.
Harman Center Mission Statement: "The mission of the Harman Center at Gailleon Park is to improve the lives of
adults 50 and older through a wealth of recreational, educational, and social activities as well as promote support,
volunteerism and community activism."
Section 2 Background and Current Operations
About the Owner
The City of Yakima, county seat of Yakima County, was incorporated in 1886 and is located in central Washington
State. It encompasses 28.7 square miles in an area of rich volcanic soil.The City is 145 miles southeast of Seattle, and
200 miles southwest of Spokane, Washington. The region is served by rail, highway and air transportation facilities,
which have helped develop the City as the commercial and business center of Central Washington. With a 2025
population of 97,458,Yakima is the eleventh largest city in the State of Washington.
Background
The Harman Center opened in May of 2004. The facility is home to the City's many, varied senior programs and has
been a significant part of Yakima's senior community,a place where older adults connect,stay active,and thrive. From
fitness and wellness classes to creative arts,educational seminars, affordable lunches,and cherished social traditions,
the Harman Center offers programs that promote health, independence, and belonging.
Harman Center Program Overview
The Harman Center, currently operated by the City of Yakima Parks and Recreation Division, serves as a hub for
Yakima' senior community. Designed to support active and engaged aging, the center provides a wide variety of
programs, services, and resources that help older adults remain healthy, independent, and socially connected.
Through health screenings,fitness opportunities, arts and crafts programs, educational activities, affordable lunches,
and social events, the Harman Center creates a welcoming environment where participants can build relationships,
pursue personal interests, and enhance their overall quality of life.
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Serving adults age 50 and older,the center offers a diverse selection of recreational, educational,wellness, and social
opportunities throughout the year. Current programs are designed to promote lifelong learning, physical well-being,
creative expression, and meaningful community engagement. Current programs generally include:
• Health and Wellness
The Harman Center offers numerous opportunities to support physical and emotional well-being. Participants can
take part in fitness and movement classes that focus on strength, flexibility, balance, and overall health. Regular
health screenings and support groups provide valuable resources, information, and peer connections that
encourage healthy lifestyles and independent living.
• Arts, Crafts, and Creative Expression
Creative programs allow participants to explore artistic interests and develop new skills in a supportive
environment. Opportunities include painting, quilting, knitting, crocheting, crafting, writing, woodworking, and
other artistic pursuits.These activities foster creativity while providing opportunities for social interaction and skill
sharing.
• Games and Recreation
A wide range of recreational activities encourages participants to stay mentally engaged and socially active. Card
games, table games, billiards, ping pong, and other leisure activities provide enjoyable opportunities for friendly
competition, cognitive stimulation, and community building.
• Educational and Interest Groups
The center hosts clubs, discussion groups, and educational programs that bring together individuals with shared
interests. Whether participating in book discussions, support groups, artistic organizations, or educational
workshops, members can continue learning while connecting with others in the community.
• Social Connections and Community Support
One of the Harman Center's greatest strengths is its ability to foster meaningful social connections. Regular
gatherings, support groups, social outings, and special events provide opportunities for participants to build
friendships, share experiences, and remain actively involved in community life. Affordable meal programs and
group dining experiences further enhance opportunities for fellowship and connection.
• Trips,Tours, and Special Events
Throughout the year,the center organizes trips,tours, and special events that encourage exploration, recreation,
and community participation.These experiences provide opportunities for participants to enjoy local attractions,
discover new destinations, and create lasting memories with fellow community members.
• Additional Amenities
In addition to its scheduled programs, the Harman Center offers amenities that support lifelong learning and
recreation, including billiards, a lending library, computer resources, gathering spaces, and a welcoming coffee
area. These resources provide participants with opportunities to relax, socialize, and stay connected throughout
the day.
About the Harman Center
Located at 101 N. 65th Avenue in Yakima, the Harman Center is dedicated to enriching the lives of adults age 50 and
older through accessible, affordable, and engaging programs. By providing opportunities for fitness, creativity,
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education, recreation, and social connection, the center continues to play a vital role in supporting health,
independence, and well-being of Yakima's senior community.
Section 3 Financial Operating Model
The City seeks an Operator that can independently manage and sustain facility operations without financial support
from the City.The selected Operator will be granted the right to occupy and operate the Facility and retain revenues
generated through approved activities in exchange for fulfilling all operational obligations.
• Compensation Structure
o The City will not provide operating subsidies, management fees, or other compensation to the Operator.
o The Operator shall be solely responsible for all costs associated with operating, managing, maintaining,
staffing, marketing, and programming the Facility.
o The Operator shall assume all financial risk associated with operation of the Facility with the exception of
pre-approved capital improvement projects.
o Operating deficits, losses,or unforeseen expenses shall be the sole responsibility of the Operator and shall
not be reimbursed by the City unless expressly authorized in writing.
• Revenue Rights
o The selected Operator will be authorized to generate and retain revenues from City-approved activities,
which may include:
• Facility rentals
• Events and programs
• Concessions and food service
• Sponsorships and advertising
• Memberships
• Classes and recreational activities
• Merchandise sales
• Other revenue-generating activities approved by the City
The City reserves the right to review and approve revenue-generating activities to ensure consistency with Facility
objectives and public use requirements.
• Financial Capacity Requirements
Proposers shall demonstrate:
o Sufficient financial resources to operate the Facility without City subsidy
o Experience managing comparable facilities
o Ability to fund startup and optional capital needs
o Capacity to absorb operational fluctuations and financial risk
Proposers shall demonstrate sufficient financial capacity and organizational stability to successfully operate the
Facility without financial assistance from the City.The City will evaluate each Proposer's financial capability based on
the information submitted in accordance with the Proposal Submittal Documents identified in Section 8. The City
reserves the right to request additional financial information or use other available information to evaluate financial
capability.
• Reporting and Transparency
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The Operator shall provide quarterly reports that include, at a minimum:
o Attendance, participation, and utilization statistics.
o Membership statistics (if applicable).
o Volunteer hours contributed.
o Revenues and expenditures, including summary financial statements.
o Programs, events, and services conducted.
o Programming outcomes, accomplishments, and performance measures identified by the City.
o Major maintenance, repair activities, and facility condition updates.
o Planned improvements and identified operational challenges.
The City shall have the right, upon reasonable notice,to inspect and review financial and operational records related
to Facility operations.
• Performance and Continuity of Operations
The Operator shall maintain adequate financial capacity throughout the term of the agreement. Failure to
maintain financial viability or meet operational obligations may constitute grounds for termination of the
operating agreement.
• Capital Improvements and Facility Investment Responsibilities
o The selected Operator shall be responsible for routine maintenance and operation of the entire Facility,
including the building, Gailleon Park, the associated parking lot, landscaped and lawn areas, irrigation
systems, sidewalks,janitorial services, consumable supplies, and all minor repairs necessary for the day-
to-day operation of the Facility.
o The City shall retain responsibility for major capital repairs, structural components, roof replacement,
major HVAC replacement, major electrical systems, major plumbing systems, and other capital
improvements unless otherwise agreed in writing by both parties.
o The Operator shall promptly notify the City, in writing, of any major capital deficiencies or system failures
affecting Facility operations.
Advisory Board
The Proposer shall include in its proposal a recommended approach for establishing a Harman Center Advisory Board,
including its purpose, membership, composition,and meeting structure.The Advisory Board shall serve in an advisory
capacity to provide community and facility user input regarding programs, services, community engagement, and
long-range planning. The selected Operator shall be responsible for establishing and supporting the Advisory Board,
facilitating communication and reporting, and considering Board recommendations and public feedback in the
operation of the facility. The Advisory Board shall not exercise operational authority over the facility or possess
decision-making authority regarding its management. The City shall retain ownership of the facility and ultimate
decision-making authority.
Current Operating Period and Transition Notice
City of Yakima operations of the Harman Center are anticipated to continue through December 31, 2026. Effective
January 1, 2027, operational responsibility will transition to the selected Operator under this RFP.
Anticipated Contract Term
The City anticipates awarding an operating agreement for an initial term of two years, with optional renewal periods
subject to mutual agreement and satisfactory performance.
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The final contract term will be negotiated with the selected Proposer and approved by the City. Proposers should base
their submissions on a term sufficient to support long-term operational stability and optional capital investment in
the Facility.
The City reserves the right to adjust the final term as part of contract negotiations.
Section 4 Project Timeline
The anticipated project timeline is provided below.The City reserves the right to revise these dates as necessary and
will notify prospective proposers of any changes through the official RFP process.
Project Milestone Anticipated Date
RFP Issued June 30, 2026
Pre-Proposal Conference/Site Visit July 7, 2026, 11:00 AM (local WA State time)
Due Date for Written Questions July 20, 2026
Addenda Issued/Answers Provided July 24, 2026 (Target)
Deadline for Submittal of Proposals July 30, 2026, 2:00:00 PM (local WA State time)
Evaluation of Submittals by City July 31—August 14, 2026
Interviews Begin (if requested) August 17-21, 2026
Recommendation of Award, Contract August 24—September 14, 2026
Negotiations, Finalize Award
City Council Contract Approval (Council October 6, 2026
Agenda)
Current City Operations End December 31, 2026
Contract Start Date January 1, 2027
Programming Commencement Deadline March 1, 2027
Section 5 Inquiries
All inquiries, questions, requests for clarification, or other communications regarding this Request for Proposals
(RFP) shall be directed exclusively to the RFP Coordinator.To ensure a fair and consistent process, prospective
proposers shall not contact other City employees, officials, departments, or representatives regarding this
solicitation unless specifically authorized by the RFP Coordinator.
RFP Coordinator Contact Information
Rudy Silva Ill, MBA, CPPB
Purchasing Manager
Email: rudy.silva@yakimawa.gov
Phone: (509) 575-6094
Proposers are responsible for monitoring all issued addenda and incorporating any changes or clarifications into
their proposals. Failure to acknowledge or comply with issued addenda may result in the proposal being deemed
non-responsive.
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Section 6 Addenda
The City reserves the right to revise this solicitation at any time. Any revisions, clarifications, interpretations,
corrections, or amendments will be issued by written addendum. It is the Proposer's responsibility to review,
understand, and comply with all addenda issued for this RFP.
Questions regarding this RFP should be submitted as early as possible to allow adequate time for review and response.
If a Proposer discovers any ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the
Proposer must promptly notify the City and request clarification or consideration of a modification. All questions and
requests for clarification shall be submitted by email to the contact person identified in Section 5.
Responses to material questions will be provided through an addendum and distributed by email. Oral statements,
explanations, or instructions provided by City personnel are not binding and do not modify the requirements of this
RFP. Proposer must acknowledge receipt of all addenda issued for this solicitation in its proposal submittal.
Section 7 Proposal Requirements
Facility Requirements
The Harman Center is located at 101 N. 65th Avenue,Yakima,WA 98908, and is situated on Yakima County Parcel
No. 181320-41001.The Facility includes the Harman Center building,the associated parking lot, Gailleon Park, and
all landscaped, lawn, and open space areas located within the parcel, which contains approximately 3.5 acres.
For purposes of this RFP,the term "Facility" means the Harman Center building and all improvements located on
Yakima County Parcel No. 181320-41001, including Gailleon Park,the associated parking lot, landscaped areas,
lawns, sidewalks, irrigation systems, and other exterior improvements.
The selected Operator shall be responsible for the operation, routine maintenance, and day-to-day management of
the entire Facility, including the building, parking lot, Gailleon Park, lawns, landscaped areas, irrigation systems,
sidewalks, and other exterior improvements located within the parcel. Responsibilities include, but are not limited
to, mowing, edging, landscape maintenance, litter removal, routine parking lot maintenance,janitorial services, and
minor repairs, except for major capital improvements specifically retained by the City under this Agreement.
The facility shall continue to operate under the name Harman Center throughout the term of the agreement.
Ownership of the facility and the underlying property shall remain with the City of Yakima, and the selected
Operator shall not sell,transfer, assign, or otherwise convey any ownership interest in the facility or property.
Minimum Service Expectations
The City seeks an Operator that will continue the Harman Center's longstanding mission of enhancing the quality of
life for adults age 50 and older.The Facility should be operated primarily to provide programs, services, and
activities that support healthy aging, social connection, recreation, lifelong learning, and community engagement.
The City reserves sole discretion in determining compliance with this requirement.
The selected Operator shall maintain the Harman Center as an active and welcoming community resource serving
adults aged 50 and older.At a minimum,the Operator is expected to provide:
• Regular public operating hours
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• Recreational, educational,wellness, and social programming substantially similar in scope to programs
currently offered at the Harman Center
• Volunteer engagement opportunities
• Facility rental and community-use scheduling
• Community outreach and engagement activities
• A safe, clean, and welcoming environment for participants and visitors
Programming shall be designed to meet the diverse cultural, linguistic, economic, and accessibility needs of the
community, ensuring inclusive access and equitable participation for adults age 50 and older.
As part of its proposal, each Proposer shall describe its approach for assuming operational responsibility for the
Facility effective January 1, 2027, including plans for staffing, volunteer coordination, communication with
participants and stakeholders, operational readiness, and continuity of services during the transition period.The
Transition Plan shall be provided in accordance with the Proposal Submittal Documents identified in Section 8.
Proposers shall also describe their first-year operational strategy, including a 12-month Work Plan outlining how
services will be implemented, scaled, and stabilized during the initial period of operation.
The Harman Center contains several multipurpose rooms intended for shared use by a variety of programs and user
groups. Programs utilizing shared spaces shall remove program-specific equipment and materials at the conclusion
of each activity unless otherwise approved for common use.
Any technology, software, equipment, or network-connected devices proposed for programming purposes must be
approved in advance by the City's Parks and Recreation Division.The selected Operator shall be responsible for all
technology support associated with its programs and operations.
Proposers are encouraged to identify opportunities for service enhancements, expanded programming, and
innovative approaches to serving the community.
Programming Approach and Rationale
Proposers are expected to describe the rationale for their proposed programming approach, including how
programs are designed to achieve intended outcomes for adults age 50 and older. Where applicable, proposers
should reference evidence-based practices, research, or established models that support the effectiveness of
proposed programming in areas such as health and wellness, social engagement, cognitive enrichment, and active
aging. Proposals should include supporting references where used to justify program design or anticipated
outcomes.
However, proposals that materially reduce the overall level of service currently available at the Harman Center may
be determined non-responsive to the objectives of this RFP.
• Capital Facilities Expenditures
The City and selected Operator will work collaboratively to identify and prioritize capital improvement
projects that support the long-term functionality and sustainability of the facility.
Examples of potential capital improvement projects may include, but are not limited to:
• Exterior building improvements
• HVAC system replacement or upgrades
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• Mechanical system improvements
• Roof repairs or replacement
• Kitchen and restroom fixture or appliance replacement
• Major facility renovations
• Americans with Disabilities Act (ADA) improvements
• Environmental health and safety compliance measures
The City shall retain responsibility for funding, administration, and implementation of approved capital
improvement projects as funding becomes available.The City makes no representation or commitment regarding
future funding levels or the completion of any specific capital project during the term of the agreement.
Current Programs and Services
The following information is provided to assist proposers in understanding the scope and nature of services
currently available at the Harman Center.The selected Operator will be expected to provide programming of a
similar nature that supports the Harman Center mission and serves the needs of adults aged 50 and older.
Current program offerings generally fall within the following categories:
• Social and Community Services
o Lunch programs and social dining opportunities
o Card games and table games
o Ping pong and billiards
o Discussion groups and clubs
o Arts and crafts activities
o Group activities and special events
o Exercise and movement programs
• Physical Wellness Services
o Exercise classes
o Zumba classes
o Fitness and wellness programs
• Health and Wellness Services
o Cognitive enrichment activities
o Brain health and engagement programs
• Recreational and Educational Services
o Educational classes and workshops
o Recreational activities
o Blood pressure and blood sugar checks
The City recognizes that programming needs may evolve over time.The selected Operator may modify or expand
programming if services remain consistent with the overall mission and purpose of the Harman Center.
Required Deliverables
To assist the City in monitoring facility operations and program performance,the selected Operator shall provide the
following information on a regular basis:
• Quarterly operational reports
• Financial reports
• Program participation and performance data
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• Facility maintenance and repair reports
Proposal Content
Proposals shall address, at a minimum,the following:
• Operations Management Plan
• Programming Plan
• Transition Plan
• Financial Capability Documentation
• Advisory Board Plan
• Organizational Qualifications
• Programming Competency Plan
• References
• Cover Letter
Detailed document requirements are provided in Section 8.
Additional reporting requirements may be negotiated as part of the final operating agreement.
Section 8 Proposal Submittal Documents
The following documents are mandatory and shall be included with every proposal unless otherwise noted. Failure to
provide one or more required submittals may result in the proposal being deemed non-responsive. Items specifically
identified as"Post-Award"are not required at the time of proposal submission.Submittals will be utilized in evaluating
each proposal. To expedite the evaluation process, proposals should be limited to the number of pages necessary to
fully address the requirements and should avoid unnecessary length. Concise submissions will facilitate efficient
review and evaluation.
To facilitate an efficient and consistent review process, all Proposers shall organize and submit their proposals in the
exact order listed below. Failure to follow the required sequence may delay the evaluation of the proposal and may
result in the proposal being deemed non-responsive if the required information cannot be readily identified. Proposals
should include the following items:
Submission Requirements Classification (Mandatory vs. Post-Award)
Mandatory- Required with Proposal Required Post-Award
1. Cover Letter City Business License
2. Organizational Qualifications Certificate of Insurance
3. Financial Capability Documentation Fire Inspection Report
4. Operations Management Plan Food Establishment Permit
5. Program/Competency Plan
6.Transition Plan
7. Advisory Board Plan
8. References
9. Addenda Acknowledgment
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• Cover Letter
Provide a cover letter, written on business letterhead and signed by an official authorized to legally bind the
Proposer. Include the following:
o Name and title of Proposer representative
o Name, physical and mailing address of company
o Telephone number and email address
o A statement that the Proposer believes its Proposal meets all the requirements set forth in this RFP
o A statement that the individual signing the Proposal is authorized to bind the organization in connection
with this Proposal and that she/he has not participated and will not participate in any action contrary to
the RFP
o Any additional information that Proposer would like the City of Yakima to consider
• Organizational Qualifications
Proposers should address the following areas in their RFP Submittal:
o Experience
i. Describe the qualifications your organization has to provide the proposed services.
ii. Describe your experience in providing similar services to adults aged 50 and older
iii. Describe your experience operating public programs
iv. Describe existing partnerships that may contribute to your success
v. Describe your experience maintaining facilities, including, but not limited to building
maintenance, outdoor greenspace/park maintenance, and parking lot maintenance.
• Financial Capability Documentation
Proposers shall demonstrate their financial capacity and stability to operate the Harman Center without
financial support from the City. At a minimum, proposers shall provide the following:
o Two (2) years of audited financial statements.
o The most recent IRS Form 990, if the Proposer is a nonprofit organization.
o A current operating budget.
o Any additional financial information, references, or documentation demonstrating financial stability and
the ability to successfully perform the services described in this RFP.
The City reserves the right to use other means to evaluate financial capability, including credit reports,
business references, banking references, or other information deemed relevant.
• Operations Management Plan
Provide a detailed description of the proposed program plan identified in Section 7 to include the following:
o Overview of program including schedule of activities
o Service capacity(number of individuals to be served)
o Proposer staffing overview and qualifications
o Intended outcomes
o Supporting research or literature citations providing evidence of benefits to be realized by the community
from the proposed programming.
o Overview of ability to operate and maintain Gailleon Park.
o Overview of ability to operate and maintain, including winter snow removal,the parking lot at the Facility.
• Programming/Competency Plan
Describe your plan for ensuring programming activities will serve the cultural, economic, language, and other
unique characteristics of the community.
• Transition Plan
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o Transition Plan describing how the Proposer will assume operational responsibility effective January 1,
2027, including staffing, volunteer coordination, communication with participants and stakeholders,
operational readiness, and continuity of services.
o 12-month Work Plan
• Advisory Board Plan
Describe the proposed approach for establishing and supporting the Harman Center Advisory Board, including
its purpose, membership, composition, meeting structure, and how community input will be incorporated
into facility operations.
• References
Provide names and contact information (name, phone, email)for three references who have direct firsthand
knowledge of Proposer's relevant experience. These references will be contacted by the City as part of the
evaluation of this proposal.
• Addenda Acknowledgement, if applicable
Acknowledge receipt of all addenda issued for this solicitation in its proposal submittal. Failure to
acknowledge all issued addenda by the proposal due date and time shall render the proposal non-responsive
and it may be rejected from further consideration.
• Licenses/Certifications
o To be submitted post-award
i. City of Yakima Business License
ii. Certificate of Insurance
iii. Annual Fire Inspection Report
iv. Annual Food Establishment Permit issued by the Yakima Health District
v. Any other necessary licenses, certifications, or permits to operate or maintain the Facility
Proposers responding to this RFP must comply with the requirements herein. The City reserves the right to exclude
any responses from consideration that do not follow the required format or include all required documents.
Section 9 Submitting a Proposal
Proposals must be submitted electronically through PublicPurchase.com no later than the date and time specified
on Page 1 of this RFP. Late proposals will not be accepted or evaluated. Proposals submitted after the deadline will
be automatically rejected by the electronic submission system.
If City Hall is closed at the scheduled proposal opening time for any reason, proposals will be accepted and opened
on the City's next business day at the originally scheduled time.
All proposals must be submitted electronically through PublicPurchase.com and will remain secured in an electronic
lockbox until the designated opening date and time.To register as a vendor/proposer,visit PublicPurchase.com or
the City of Yakima Purchasing webpage at yakimawa.gov/services/purchasing.
The City is not responsible for proposals that are submitted late due to user error,technical difficulties, electronic
malfunctions, system failures, or interruptions affecting PublicPurchase.com or the proposal submission process.
The Purchasing Manager reserves the right to grant exceptions in documented extenuating circumstances.
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Any portions of a proposal that the Proposer considers exempt from public disclosure under the Washington State
Public Records Act (RCW 42.56 et seq.) must be submitted as a separate file and clearly labeled "Confidential"when
uploaded to PublicPurchase.com. All other proposal materials may be made available for public inspection following
contract execution. All documents and materials required for proposal acceptance must be uploaded to
PublicPurchase.com before the submission deadline.
Section 10 Evaluation Criteria
Experience and Qualifications of the Proposer
This criterion assesses the Proposer's experience, qualifications, and overall capacity to successfully operate the
Harman Center and deliver the services described in this RFP. Evaluation will consider demonstrated experience
serving adults age 50 and older,operating public or community-based programs,and managing comparable facilities,
programs, or services.
Consideration will be given to the qualifications of key personnel, organizational capacity, and demonstrated
experience in staffing, programming, facility operations, and day-to-day management. Relevant experience may be
drawn from nonprofit, public sector, private sector, or other organizational contexts.
Proposers should provide sufficient detail to demonstrate the scope and scale of prior experience, including, as
applicable, population served, program volume,facility size, participation levels, and operational responsibilities.
Additional consideration will be given to proposals that demonstrate measurable outcomes and community impact,
including, but not limited to, participant growth, retention, health and wellness outcomes, program effectiveness,
and other documented results.
Community benefit and programming will be evaluated based on the degree to which proposals demonstrate
inclusive, accessible, and mission-aligned programming that promotes socialization, health and wellness, lifelong
learning, and community connection among adults age 50 and older.
Evaluation Scoring
The following criteria will be used to evaluate proposals. Each evaluator may award up to 100 total points as follows:
Criteria Points
Experience 25
Operations Plan 25
Financial Capacity 20
Community Benefit& Programming 20
References/ Interview 10
Total 100
Shortlisting and Further Evaluation
Based on the written proposal evaluations, the City may establish a shortlist of the highest-ranked Proposers.
Shortlisted Proposers may be invited to participate in interviews, presentations, demonstrations, and/or site visits to
further clarify or support their proposals. Failure to participate in a requested interview or site visit may result in
removal from further consideration.
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Following interviews, presentations, demonstrations, or site visits, the Evaluation Team may revise scoring and
establish final rankings based on all information obtained throughout the evaluation process.
Section 11 Post Evaluation and Award
Following the evaluation process, the RFP Coordinator identified in Section 5 will notify all Proposers in writing via
email regarding the status of their submissions.
The highest-ranked Proposer may be invited to enter into negotiations with the City for an operating agreement for
the management and operation of the City of Yakima's Harman Center. The City reserves the right to negotiate any
aspect of the RFP and any resulting agreement when determined to be in the best interest of the City.
If the City is unable to reach a satisfactory agreement with the highest-ranked Proposer, the City may terminate
negotiations and proceed to the next highest-ranked Proposer(s) in order of ranking.
Any resulting recommendation of award and proposed agreement(s) are subject to approval or denial by the City
Council at a public meeting.
Section 12 General Terms and Conditions
Public Disclosure
Washington State Public Disclosure Act(RCW 42.56 et seq.) requires public agencies in Washington to promptly make
public records available for inspection and copying unless they fall within the specified exemptions contained in the
Act, or are otherwise privileged. All documents submitted in relation to this Specification shall be considered public
records and, with limited exceptions, will be made available for inspection and copying by the public. It is the intent
of the Owner (City)to post all RFP responses online and be available to the public after the contract is signed.
Marking the entire submittal as "confidential" or "proprietary" is not acceptable and is grounds to reject such
submittal. If, in the Owner's opinion, the material is subject to disclosure, the Owner will notify Proposer of the
request and impending release which will allow the Proposer 10 days from notice to take whatever action it deems
necessary to protect its interests. All expense of such action shall be borne solely by the Proposer, including any
damages, attorney's fees or costs awarded by reason of having opposed disclosure and Proposer shall indemnify
Owner against same. If the Proposer fails or neglects to take such action within said period,the Owner will release all
materials deemed subject to disclosure. Submission of materials in response to this solicitation shall constitute assent
by the Proposer to the foregoing procedure and the Proposer shall have no claim against the Owner on account of
actions taken pursuant to such procedure.
It is the intention of the City to maintain an open and public process in the solicitation, submission, review and
approval of this RFP. RFP proposal openings and review will be public.
Retention of Rights
The City retains the right to accept or reject any or all proposals if deemed to be in its best interests.
All proposals become the property of Owner upon receipt. All rights, title and interest in all materials and ideas
prepared by the Proposer for the proposal to Owner shall be the exclusive property of Owner and may be used by the
Owner at its option.
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Incurring Costs
The City is not liable for any cost incurred by a Proposer in the process of responding to this RFP including but not
limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site visits
or any other activities related to responding to this RFP.
Cooperative Purchasing
The Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may
purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein
if all parties agree. The City of Yakima does not accept any responsibility or involvement in the purchase orders or
contracts issued by other public agencies.
Non-Discrimination Provision
During the performance of this Contract,the Operator agrees as follows:
The Operator shall not discriminate against any person on the grounds of race, creed, color, religion, national origin,
sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief,
or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against
Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.).
This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training,
and the provision of Services under this Agreement. Operator agrees to comply with the applicable provisions of State
and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations.
In the event of the Proposer's noncompliance with the non-discrimination clause of this contract or with any such
rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the
Proposer may be declared ineligible for any future City contracts.
No provision of this Agreement shall require or prohibit action or inaction by either party, or the agent(s) or
subcontractor(s)of either party,that would violate Federal, State,or local law or that would affect the City's eligibility
for any federal program or receipt of federal funds.
Section 13 Attachments
The following attachments are incorporated into and made part of this RFP:
• Attachment A— Floor Plan
• Attachment B—Parcel Information and Property Records
• Attachment C—Legal Description
• Attachment D—Sample Agreement
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Attachment A — Floor Plan
W
STORAGE
COMPUTER TOILET CLASS ROOM STORAGE CLASS ROOM
WAITING ROOM
ROOM
TOILET
EXIT
RECEPTION LOUNGE
EXIT
Vo`Gv• FIREPLACE -
TEER
OFFICE
SMULTI- EXIT N
PURPOSE
OFFICE `ANITCR ROOM
ROOM LOBBY _
EXAM •HEALTH
ROOM ROOM
EXIT
T'J COFFEE -
ROOM BAR
EXIT
WOMEN'S KITCHEN
BILLIARD'S FITNESS ROOM
ROOM ROOM
PANTRY
MEWS I T
ROOM cc E fll PEL'rR
EXIT
E
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Attachment B - Parcel Information and Property Records
(Yakima County Archives)
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Attachment C — Legal Description
GAILLEON PARK
Legal Description
Beginning at the Northeast corner of the Northeast quarter of the
Southeast quarter of Section 20, Township 13 North, Range 18,
E.W.M.; thence South along the East line of said subdivision,
695.5 feet; thence North 88°45' West 330 feet, more or less, to the
right of way of the Yakima Valley Canal; thence Northerly and
Easterly along said right of way to a point on the South line of said
right of way 300 feet West of the East line of said subdivision;
thence North and crossing said canal, a distance of 130 feet, more or
less, to the North line of said subdivision at a point 300 feet West of
the Northeast corner of said subdivision; thence East along the
North line of said subdivision to the point of beginning,
Except the North 45 feet for County Road,
Except right of way for County Road 60 feet in width as conveyed
by instrument recorded in Volume 902 of Official Records of
Yakima County Washington, Auditor's File No. 2338437, and
Except right of way for Yakima Valley Canal
EXHIBIT A
rnrl-nd ry 1111111!111111111 +I i 7397875
,;al fill Park I.Y SI li II 1111f 1�JIJII c Iifi 11 i 1 1 1Jil I �� Me14/266,4
riTY rt Va tMa n #i5 WI Yakima Co 1R 39A
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Attachment D — Sample Agreement
OPERATING AGREEMENT
FOR
PROJECT
FACILITY NAME
THIS OPERATING AGREEMENT ("Agreement"), entered into on the date of last execution, between the City of
Yakima, a Washington municipal corporation ("City"), and ("Operator").
WITNESSETH:The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
follows:
1. Facility and Purpose
The City owns the Harman Center at Gailleon Park, which includes the center building, Gailleon Park, and a large
parking lot to the South of the center building (hereinafter referred to as "Facility") identified as:
Facility:
Address:
The Facility is legally described as follows:
[insert legal]
This Agreement encompasses operation and maintenance of the Facility described above.
2. General Management and Responsibilities of Operator
Operator shall manage, operate, and maintain the Facility consistent with City policies and with the general
concepts of senior and community centers in order to meet the needs of the senior adults, including, but not limited
to the poor and disadvantaged, particularly in the areas of health, education, welfare, recreation, programming, and
other such areas as are consistent with this Agreement and the RFP, as well as the general uses of a neighborhood
community center for senior adults. Operator shall be responsible for the day-to-day management, operation,
programming, maintenance, and administration of the Facility.
Operator shall operate the Facility in a manner consistent with the Facility's intended public purpose and in
compliance with all applicable federal, state, and local laws, regulations, policies, and permit requirements.
A detailed Scope of Operations, if applicable, is attached as Exhibit A and incorporated herein by reference.
3. Compensation and Revenue Rights
The parties acknowledge that City shall not compensate Operator for services provided under this Agreement.
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Operator shall be solely responsible for all costs associated with operating, managing, maintaining, staffing,
securing, administering, and programming the Facility.
As consideration for Operator's performance under this Agreement, City grants Operator the non-exclusive right to
occupy and operate the Facility and to retain revenues generated through approved operations, programs, events,
rentals, concessions, sponsorships, memberships, donations,fundraising activities, and other activities authorized
by City and conducted in accordance with this Agreement. Operator shall not create revenue from naming rights
and has no authority to provide naming rights to any third party.
Operator assumes all financial risk associated with operation of the Facility and shall not be entitled to
reimbursement from City for operating losses, deficits, liabilities, or expenses unless expressly authorized in writing
by City.
4.Term
The term of this Agreement shall commence on and continue until .
The City may, at its option, renew or extend this Agreement by written amendment.
5. Operator Responsibilities (RFP details regarding Operator requirements will be added to this section.)
Operator shall:
a. Operate and manage the Facility.
b. Provide adequate staffing and supervision.
c. Maintain the Facility in a safe, clean, and operational condition.
d. Pay all costs of utilities and operating and maintaining the Facility.
f. Provide programming and services consistent with the Facility's purpose.
g. Maintain appropriate financial and operational records.
h. Provide security appropriate to Facility operations.
Except as otherwise specifically provided in this Agreement, Operator shall furnish the following, all as the same may
be required to perform and provide the services and fulfill Operator's responsibilities in accordance with the terms
of this Agreement: personnel, labor, products and supervision, and technical, professional, and other services.
Maintenance shall include, but not be limited to keeping the interior of the Facility at all times in good repair and
condition as the same now is, ordinary wear and tear resulting from careful usage and damage by the elements
without fault on the part of the Operator excepted. Operator shall maintain and repair the doors,windows and all
interior walls and fixtures of the Facility. In addition, Operator shall be responsible for routine maintenance of all
plumbing and electrical fixtures. Operator shall provide janitorial and/or cleaning services as necessary. Operator
shall remove sidewalk snow and ice on walkways leading to and from the Facility, as well as adjacent sidewalks, and
keep the sidewalks clear of obstructions.
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6. Public Access and Hours of Operation
Operator shall provide reasonable public access to the Facility consistent with its intended purpose.
Minimum operating hours shall be:
Additional operating hours may be established by Operator.
7. Programming Requirements
Operator shall provide programs, services, activities, and events that support the intended purpose of the Facility.
Annual program plans, schedules, performance goals, or service objectives may be required by City.
8. Utilities
Operator shall be responsible for all utility costs, including, but not limited to, water,wastewater, irrigation,
stormwater, electricity, natural gas, internet, and cable/television. City shall have no responsibility for any costs for
any utilities used in the operation of the Facility.
9. Maintenance Responsibilities
Operator shall be responsible for routine maintenance, cleaning, custodial services, preventative maintenance, and
minor repairs.
Responsibility for major repairs, structural repairs, building systems, and capital maintenance shall be allocated as
follows:
10. Capital Improvements and Alterations
Operator shall not make material alterations, renovations, additions, or improvements to the Facility without prior
written approval from City.
Unless otherwise agreed in writing, all permanent improvements shall become the property of City upon
installation.
11. Security
Operator shall provide and maintain reasonable security measures appropriate for Facility operations.
Security measures may include access controls, alarms, event security, monitoring systems, and incident reporting
procedures.
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12. Reporting Requirements
The Operator agrees to furnish the City with reasonable periodic reports and documents as it may request and in
such form as the City requires pertaining to the obligations and responsibilities of Operator under this Agreement.
The costs and obligations incurred or to be incurred in connection therewith, and any other matter, shall be covered
by Operator.
At a minimum, Operator shall provide periodic reports to City as follows:
Reports may include, but are not limited to (and the City may ask for other items, information or details):
• Financial performance
• Revenues and expenditures
• Facility utilization
• Attendance
• Programming
• Maintenance activities
• Performance metrics
• Staffing information
13. Inspection, Examination, Maintenance and Retention of Records, and Audit Rights
Operator shall maintain all books, records, documents, and other materials relating to the operation of the Facility in
accordance with generally accepted accounting principles and applicable federal, state, and local laws. The City shall
have the right to audit, review, examine, copy, and/or transcribe any pertinent records or documents relating to this
Agreement.
Operator shall retain all such records for a minimum period of six(6) years after final termination of this Agreement,
or longer if required by law or the Washington Secretary of State's records retention schedule. If any litigation,
claim, or audit is started before the expiration of the six(6)year period, or for the required period outlined in the
Washington State Secretary of State's record retention period if longer,the records shall be retained until all
litigation, claims or audit findings involving the records have been resolved.
The City shall, at all times, have the right to inspect, audit, examine, copy, and transcribe all records relating to this
Agreement during the term of this Agreement and for the required retention period thereafter. Operator shall
provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City.
Operator agrees that all records relating to this Agreement will be provided to the City upon the City's request.
All records created, utilized, or maintained by Operator in connection with this Agreement are deemed City of
Yakima, must be made available to the City, are public records and shall be subject to disclosure under the
Washington Public Records Act, Chapter 42.56 RCW.
Operator shall provide sufficient access,facilities, and assistance as reasonably required by the City to conduct such
audits or inspections.
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14. Operator is an Independent Contractor
Operator shall, at all times, be an independent Contractor and not an agent or representative of City with regard to
performance of the Services. Operator shall not represent that it is, or hold itself out as, an agent or representative
of City. In no event shall Operator be authorized to enter into any agreement or undertaking for, or on, behalf of
City. Neither the Operator nor any employee of the Operator is entitled to any benefits that the City provides its
employees. The Operator is solely responsible for payment of any statutory workers compensation or employer's
liability insurance as required by state law. The Operator will have an active account with the Department of
Revenue, other state agencies as needed, and a separate set of books or records that reflect all items of income and
expenses of the business that the Operator is conducting.
15. Property Rights
All records, reports, data, documents, plans, specifications, working papers, photographs, recordings, digital files,
and other materials of any nature whatsoever produced, developed, or acquired by Operator in connection with the
operation, management, programming, or maintenance of the Facility("Work Product") shall be deemed works
made for hire and shall be the sole and exclusive property of the City of Yakima.
To the extent any Work Product is not deemed a work made for hire, Operator hereby irrevocably assigns,transfers,
and conveys to the City all right,title, and interest, including all intellectual property rights, in and to such Work
Product.
Upon expiration or termination of this Agreement, Operator shall promptly deliver all Work Product to the City
without demand and without retaining copies, except as required by law.
Operator shall not use, reproduce, distribute, or disclose Work Product without prior written consent of the City.
16. Compliance with Law
Operator agrees to perform all requirements under this Agreement in full compliance with any and all applicable
laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body,whether
federal, state, local, or otherwise, including policies adopted by the City, as those laws, ordinances, rules,
regulations, and policies now exist or may hereafter be amended or enacted.
a. Operator shall obtain, maintain, and comply with all federal, state, and local permits, licenses, approvals,
registrations, and certifications required for operation of the Facility and for activities performed under this
Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful
execution of Operator's responsibilities under this Agreement. Operator shall comply with all applicable
laws, regulations, ordinances, and policies, including but not limited to Washington State tax registration
requirements (RCW Title 82), unemployment insurance requirements (RCW Title 50), and business licensing
requirements of the State of Washington and the City of Yakima Municipal Code (YMC 5.02).
b. Operator shall maintain a valid Washington State Unified Business Identifier(UBI) number and shall not be
disqualified from public contracting under applicable Washington law.
c. If Operator is a foreign (non-Washington) entity, Operator shall promptly obtain authorization to conduct
business in Washington prior to commencing operations under this Agreement.
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17. Non-Discrimination
During the performance of this Agreement Operator shall not discriminate against any person on the basis of race,
creed, color, religion, national origin, sex, age, marital status, sexual orientation,gender identity, pregnancy, veteran
status, political affiliation or belief, or the presence of any sensory, mental, or physical disability, consistent with
RCW Chapter 49.60 and the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.).
This provision shall include but not be limited to the following: employment, upgrading, demotion,transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training,
and the provision of services under this Agreement. Operator agrees to comply with the applicable provisions of
State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations.
In the event of noncompliance with the non-discrimination clause of this Agreement or with any such rules,
regulations, or orders,the City may suspend,terminate, or cancel this Agreement, in whole or in part, and the
Operator may be declared ineligible for future City contracts.
Nothing in this Agreement shall require Operator or any of its subcontractor(s)to take action that would be deemed
discrimination nor preferential treatment in violation of RCW 49.60.400. Pursuant to RCW 49.60.400(6),this Section
does not prohibit action that must be taken to maintain the City's eligibility for any federal program, if ineligibility
would result in a loss of federal funds to the City.
Pay Transparency Nondiscrimination Provision. The Operator will not discharge or in any other manner discriminate
against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay
of another employee or applicant. However, employees who have access to the compensation information of other
employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or
applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a)
in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or (c) consistent with the Operator's legal duty to furnish
information.
18. Indemnification and Hold Harmless
a. Operator shall take all necessary and reasonable precautions in performing the responsibilities and
requirements under this Agreement to prevent and protect against any injury to persons(including death)
or property damage that may occur. The Operator agrees to release, indemnify, defend, and hold
harmless the City, its elected and appointed officials, officers, employees, agents, representatives,
insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims,
suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from
or in connection with this Agreement or the acts, failures to act, errors or omissions of the Operator, or
any of Operator's agents or subcontractors, in performance of this Agreement, except for claims caused
by the City's sole negligence.
b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Operator waives any
immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW,
solely for the purposes of this indemnification. Operator's indemnification shall not be limited in any way
by any limitation on the amount of damages, compensation or benefits payable to or by any third party
under workers'compensation acts, disability benefit acts or any other benefits acts or programs.Operator
shall require that its subcontractors, and anyone directly or indirectly employed or hired by Operator, and
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anyone for whose acts Operator may be liable in connection with its performance of this Agreement,
comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume
all potential liability for actions brought by their respective employees.The Parties acknowledge that they
have mutually negotiated this waiver.
c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Operator and the City, the Operator's liability,
including the duty and cost to defend, shall be only to the extent of the Operator's negligence.
d. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of
indemnification in any third party.
e. The terms of this Section shall survive any expiration or termination of this Agreement.
19. Insurance
At all times during performance of the responsibilities under this Agreement and this Agreement, Operator shall
secure and maintain in effect insurance to protect the City and Operator from and against any and all claims,
damages, losses, and expenses arising out of or resulting from the performance of this Agreement. If Operator
carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of
Insurance and Endorsements and the City shall be named as an additional insured for such higher limits.
Operator shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The
City reserves the right to require higher limits should it deem it necessary in the best interest of the public, and may
require higher limits and/or additional policies depending on the activities proposed at the Facility.
Operator shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the
certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure to
provide the City with proof of insurance and/or to maintain such insurance outlined herein shall be a material
breach of this Agreement and a basis for termination.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to
identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Operator's
obligation to maintain such insurance.
Operator's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under
this Agreement, and any insurance, self-insurance or insurance pool coverage maintained by the City shall be in
excess of the Operator's insurance and neither the City nor its insurance providers shall contribute to any
settlements, defense costs, or other payments made by Operator's insurance. All additional insured endorsements
required by this Section shall include an explicit waiver of subrogation.
The following insurance is required:
a. Commercial Liability Insurance
Before this Agreement is fully executed by the parties, Operator shall provide the City with a certificate of
insurance and additional insured endorsements as proof of commercial liability insurance with a minimum
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liability limit of Three Million Dollars ($3,000,000.00) per occurrence, combined single limit bodily injury and
property damage, and Three Million Dollars ($3,000,000.00)general aggregate. If Operator carries higher
coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its
elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional
insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage amount,
the policy number, and when the policy and provisions provided are in effect. The policy shall not include
any limitations or exclusions on Abuse, Molestation, or Assault and Battery coverage. Said policy shall be in
effect for the duration of this Agreement. The certificate of insurance and additional insured endorsements
shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and
volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the
insurance without first giving the City prior written notice. The insurance shall be with an insurance
company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington.The
requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by
Operator is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed
by Operator under this Agreement.
b. Automobile Liability Insurance
Before this Agreement is fully executed by the parties, Operator shall provide the City with a certificate of
insurance as proof of automobile liability insurance with a minimum liability limit of Three Million Dollars
($3,000,000.00) per occurrence. If Operator carries higher coverage limits, such limits shall be shown on the
Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees,
agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate
shall clearly state who the provider is,the coverage amount,the policy number, and when the policy and
provisions provided are in effect.The policy shall not include any limitations or exclusions on Abuse,
Molestation, or Assault and Battery coverage. Said policy shall be in effect for the duration of this
Agreement. The certificate of insurance and additional insured endorsements shall name the City of Yakima,
its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and
shall contain a clause that the insurer will not cancel or change the insurance without first giving the City
prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher
in Best's Guide and admitted in the State of Washington.The requirements contained herein, as well as City
of Yakima's review or acceptance of insurance maintained by Operator is not intended to and shall not in
any manner limit or qualify the liabilities or obligations assumed by Operator under this Agreement. The
business auto liability shall include Hired and Non-Owned coverage if necessary.
c. Employer's Liability(Stop Gap)
Operator and all subcontractor(s) shall at all times comply with all applicable workers' compensation,
occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent
applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The
City shall not be held responsible in any way for claims filed by Operator or its employees for services
performed under the terms of this Agreement. Operator agrees to assume full liability for all claims arising
from this Agreement including claims resulting from negligent acts of all subcontractor(s). Operator is
responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s)to comply
with insurance requirements does not limit Operator's liability or responsibility.
d. Professional Liability
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The Operator shall provide evidence of Professional Liability insurance covering professional errors and
omissions. Operator shall provide the City with a certificate of insurance as proof of professional liability
insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single
limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate
shall clearly state who the provider is,the coverage amount,the policy number, and when the policy and
provisions provided are in effect.The policy shall not include any limitations or exclusions on Abuse,
Molestation, or Assault and Battery coverage. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage
will continue in force for an additional two years after the completion of this contract. If insurance is on a
claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the
effective date of this Agreement.
Operator's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under
this Agreement. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess
of the Operator's insurance and neither the City nor its insurance providers shall contribute to any settlements,
defense costs, or other payments made by Operator's insurance.
If at any time during the life of the Agreement, or any extension, Operator fails to maintain the required insurance in
full force and effect, all work under the Agreement shall be discontinued immediately. Any failure to maintain the
required insurance may be sufficient cause for the City to terminate the Agreement.
20. Assignment
Operator shall not assign,transfer, or encumber any rights, duties, interests, or obligations under this Agreement
without prior written consent of City, which may be granted or withheld at the City's sole discretion.
21.Termination
Termination for Cause
In the event the Operator breaches this Contract,the City may terminate the Contract at its sole discretion in such
event that it provides the Operator with written notice of Operator's breach and the Operator fails to cure its breach
within 30 days of this notice.
In the event of the City breaches this Contract,the Operator may terminate the Contract at its sole discretion in such
event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract
within 60 days of this notice.
The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the
Operator:
a. Defaults on an obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal
entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed,
30-day notice;
e. Makes an assignment for the benefit of creditors;
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f. Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs a delinquent Washington tax liability;
h. Becomes a State or Federally debarred Contractor;
i. Is excluded from federal procurement and non-procurement Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in
the Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential
Information, proprietary, or containing Personally Identifiable Information; or
I. Operator performance threatens the health or safety of a City, County or municipal employee, a
participant in Operator's (or Operator's agent or subcontractor) programming, or a member of
the public.
Termination for Convenience
The City may terminate the Contract, without cause, by providing 30 days written notice of termination.
Change in Funding
In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are
withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding,the City may
terminate this Contract by providing at least five business days written notice to the Operator. The termination shall
be effective on the date specified in the notice of termination.
22. Force Majeure
Neither the City nor the Operator shall be liable for any failure or delay in the performance of its obligations under
this Agreement to the extent such failure or delay is caused by acts or events beyond the reasonable control of the
affected party("Force Majeure Event"), including but not limited to: acts of God,fire,flood, earthquake, windstorm,
or other natural disasters; epidemics, pandemics, or public health emergencies; war,terrorism, civil unrest, or riots;
labor disputes not involving the affected party; utility or infrastructure failures outside the reasonable control of the
Operator; or governmental orders, restrictions, or directives that materially restrict or prohibit operation of the
Facility.
The affected party shall provide written notice to the other party as soon as practicable following the occurrence of
a Force Majeure Event, describing the nature of the event,the anticipated duration, and the steps being taken to
mitigate its effects.
During the continuation of a Force Majeure Event,the obligations of the affected party under this Agreement shall
be suspended to the extent reasonably necessary to address the impacts of the event, and neither party shall be
deemed in breach of this Agreement for such suspended performance.
Any time periods for performance under this Agreement shall be extended for a period equal to the duration of the
Force Majeure Event and any reasonable recovery period thereafter.
If a Force Majeure Event continues for more than one hundred twenty (120) consecutive days, either party may
terminate this Agreement upon written notice to the other party,without further liability, except for obligations
accruing prior to the Force Majeure Event.
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Force Majeure shall not excuse:
a. payment obligations already accrued (if applicable under this Agreement);
b. indemnification obligations;
c. confidentiality obligations; or
d. insurance requirements, except to the extent insurance is unavailable due to a Force Majeure Event despite
commercially reasonable efforts.
23. Taxes and Assessments
Operator shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not
limited to leasehold tax,federal income tax, FICA, social security tax, assessments for unemployment and industrial
injury insurance, and other deductions from income which may be required by law or assessed against either party
as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement,
Operator shall pay the same before it becomes due.
24. Notices
Any alterations, including changes to the nature of the responsibilities, made to the Agreement shall be rendered in
writing and signed by both parties; no changes without such signed documentation shall be valid. No alterations
outside of the general scope and intent of the original Request for Proposals shall be made.
Notice of Business Changes. Operator shall notify the City in writing within three (3) business days of any change in
ownership of the facilities of the Operator or the facilities of any subcontractor. The Operator shall notify the City in
writing as soon as possible, and in no event later than three (3) business days, after any decision by the Operator to
change or discontinue service that will affect the services provided to the City under this Agreement.
The City shall have the right to renegotiate the terms and conditions of this Agreement to the extent required to
accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and
unreasonably enlarges the Operator's duties hereunder, or renders performance, enforcement or compliance with
the totality of the Agreement impossible, patently unreasonable, or unnecessary. Notices and demands under and
related to this Agreement shall be in writing and sent to the parties at their addresses as follows:
TO CITY:
City of Yakima
129 North 2nd Street
Yakima,WA 98901
Attn:
TO OPERATOR:
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25. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this Agreement, or in the event of a notice of
default as to whether such default does constitute a breach of the Agreement, and if the parties hereto cannot
mutually settle such differences,then the parties shall first pursue mediation as a means to resolve the dispute. If
the afore mentioned methods are not successful then any dispute relating to this Agreement shall be decided in the
courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other
available means of dispute resolution may be implemented.
26. Confidential Information
Operator shall not use Confidential, Proprietary or Personally Identifiable Information of City for any purpose other
than the limited purposes set forth in this Agreement, and all related and necessary actions taken in fulfillment of the
obligations there under. Operator shall hold all Confidential Information in confidence, and shall not disclose such
Confidential Information to any persons other than those directors, officers, employees, and agents
("Representatives")who have a business-related need to have access to such Confidential Information in furtherance
of the limited purposes of this Agreement and who have been apprised of, and agree to maintain, the confidential
nature of such information in accordance with the terms of this Agreement.
Operator shall institute and maintain such security procedures as are commercially reasonable to maintain the
confidentiality of the Confidential Information while in its possession or control including transportation, whether
physically or electronically.
Operator shall ensure that all indications of confidentiality contained on or included in any item of Confidential
Information shall be reproduced by Operator on any reproduction, modification, or translation of such Confidential
Information. If requested by the City in writing, Operator shall make a reasonable effort to add a proprietary notice
or indication of confidentiality to any tangible materials within its possession that contain Confidential Information of
the City, as directed.
Operator shall maintain all Confidential Information as confidential for a period of three (3) years from the date of
termination of this Agreement, and shall return or destroy said Confidential Information as directed by the City in
writing.
Operator may disclose Confidential Information in connection with a judicial or administrative proceeding to the
extent such disclosure is required under law or a court order, provided that the City shall be given prompt written
notice of such proceeding if giving such notice is legally permissible.
27.Severability
If any term or condition of this Agreement, or the application thereof to any person(s) or circumstances is held
invalid, such invalidity shall not affect the other terms, conditions, or applications which can be given effect without
the invalid term, condition or application. To this end,the terms and conditions of this Agreement are declared
severable.
28.Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement
shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay
or failure of either party to insist upon strict performance of any agreement, covenant or condition of this
178
Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or
relinquishment of any such agreement, covenant, condition or right.
29. Integration
This Agreement, along with the City of Yakima's Project Number and Title and the Operator's response to the
Request for Proposal ("REP"), represents the entire understanding of the City and Operator as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect to those
matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties.
30. Contract Documents
This Agreement,the Request for Proposals Project Number and title, Scope of Work, conditions, addenda, and
modifications and Operator's proposal (to the extent consistent with Yakima City documents) constitute the
Contract Documents and are complementary. Specific Federal and State laws and the terms of this Agreement, in
that order respectively, supersede other inconsistent provisions.These Contract Documents are on file in the Office
of the Purchasing Manager, 129 No. 2"d St.,Yakima, WA, 98901, and are hereby incorporated by reference into this
Agreement.
31. Complementary Provisions
All provisions of this Agreement are intended to be complementary, and any obligations or responsibilities required
by one and not mentioned in another shall be performed to the same extent as though required by all.
32. No Conflict of Interest
Operator represents that neither it nor its employees have any interest and shall not hereafter acquire any interest,
direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Operator
further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance
of this Agreement.
33. Time is of the Essence
Timely provision of the services, obligations and responsibilities required under this Agreement shall be of the
essence of the Agreement.
34. Notice of Change in Financial Condition
If, during the Agreement term,the Operator experiences a change in its financial condition that may affect its ability
to perform under the Agreement, or experiences a change of ownership or control,the Operator shall immediately
notify the City in writing. Failure to notify the City in writing of such a change in financial condition or change of
ownership or control shall be sufficient grounds for termination.
35. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington.
36.Venue
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Venue for any judicial action to enforce or interpret this Agreement shall be in a court of competent jurisdiction in
Yakima County,Washington.
37.Authority
The person executing this Contract, on behalf of the Operator, represents and warrants that they have been fully
authorized by Operator to execute this Contract on its behalf and to legally bind Operator to all the terms,
performances and provisions of this Contract.
38.Survival
The foregoing provisions of this Agreement shall survive the expiration or termination shall survive expiration or
termination of this Agreement in accordance with their terms.
IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA OPERATOR
City Manager Signature
Date Date
ATTEST: Print Name
City Clerk
List of Exhibits attached to this Agreement
Exhibit A-Specifications
Exhibit B -Contractor's Bid Submittal
Exhibit C- Legal Description
180
Exhibit C — Legal Description
GAILLEON PARK
Legal Description
Beginning at the Northeast corner of the Northeast quarter of the
Southeast quarter of Section 20, Township 13 North, Range 18,
E.W.M.; thence South along the East line of said subdivision,
695.5 feet; thence North 88'45' West 330 feet, more or less, to the
right of way of the Yakima Valley Canal; thence Northerly and
Easterly along said right of way to a point on the South line of said
right of way 300 feet West of the East line of said subdivision;
thence North and crossing said canal, a distance of 130 feet, more or
Iess, to the North line of said subdivision at a point 300 feet West of
the Northeast corner of said subdivision; thence East along the
North line of said subdivision to the point of beginning,
Except the North 45 feet for County Road,
Except right of way for County Road 60 feet in width as conveyed
by instrument recorded in Volume 902 of Official Records of
Yakima County Washington, Auditor's File No. 2338437, and
Except right of way for Yakima Valley Canal
ri EXHIBITAuaillC uLIL'AL.k re,a1 111111111111 Illl 1111 llllll 978
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Request for Proposals ( RFP)
No. 12618P
Operating and Management Services
for the operation of the City of Yakima's
Washington Fruit Community Center
Submit Through: PublicPurchase.com Issue Date: June 30, 2026
Site Visit: July 8, 2026, 10:00 AM [not required] Proposals Due: July 30, 2026,02:00:00 PM
182
CITY OF YAKIMA
NOTICE TO PROPOSERS
RFP NO. 12618P
Notice is hereby given by the undersigned that electronic sealed Requests for
Proposals will be accepted via PublicPurchase.com until the hour of 2:00:00 PM local
Washington State time on July 30, 2026. RFPs will be publicly opened in Yakima City
Hall, Council Chambers, 129 N. 2nd Street,Yakima,Washington 98901. At such time,
Proposers' names will be publicly read for the opportunity to be considered for an
Operating Agreement for the operation of the City of Yakima's Washington Fruit
Community Center.
Instructions to register with PublicPurchase.com are available at
www.yakimawa.gov/services/purchasing
A pre-proposal conference and site visit will be held at 10:00 AM on July 8, 2026 at
the Washington Fruit Community Center, 602 N. 4th St., Yakima, WA 98901.
Attendance is not mandatory; however, Proposers are strongly urged to attend.
The City of Yakima reserves the right to reject any&all RFPs. The City hereby notifies
all Proposers that it will affirmatively ensure compliance with WA State Law Against
Discrimination (RCW chapter 49.60) & the Americans with Disabilities Act (42 USC
12101 et seq.)
Dated this 30th day of June 2026
Rudy Silva Ill, MBA, CPPB
Purchasing Manager
City of Yakima
Publish on June 30&July 2, 2026
YHR Account#: 10943
183
Table of Contents
Section 1 Project Summary 4
Section 2 Background and Current Operations 4
Section 3 Financial Operating Model 6
Section 4 Project Timeline 8
Section 5 Inquires 9
Section 6 Addenda 9
Section 7 Proposal Requirements 9
Section 8 Proposal Submittal Documents 13
Section 9 Submitting a Proposal 15
Section 10 Evaluation Criteria 15
Section 11 Post Evaluation and Award 16
Section 12 General Terms and Conditions 17
Section 13 Attachments 18
184
City of Yakima
Request for Proposals (RFP) No. 12618P
Operation and Management Services for the operation of
the City of Yakima's Washington Fruit Community Center
Section 1 Project Summary
This Request for Proposals (RFP) invites proposals from qualified Proposers interested in the opportunity to provide
management services for the operations of the City of Yakima's Washington Fruit Community Center (City), including
the Washington Fruit Community Center facility, patio area and surrounding greenspace, and the parking lot on the
premises (collectively referred to as the "Facility").
The City owns the Facility and is soliciting proposals from qualified organizations to enter into an operating agreement
for the management and operation of the Facility.
The Washington Fruit Community Center is a vibrant community gathering place serving seniors, adults, youth, and
families in Yakima. In partnership with Yakima Parks and Recreation, WFCC provides a variety of recreational,
educational, wellness, and social programs, including senior activities, youth and teen programs, after-school care,
exercise classes, family events, cultural activities, and community services. The center also offers affordable senior
lunches, health and wellness programs, summer camps, and facility rentals, fostering connection, enrichment, and
lifelong learning for community members of all ages.
Washington Fruit Community Center Mission Statement: "The Mission of the Washington Fruit Community Center is
to foster inclusive participation by providing a variety of quality,fun and safe programs for people of all ages."
Section 2 Background and Current Operations
About the Owner
The City of Yakima, county seat of Yakima County, was incorporated in 1886 and is located in central Washington
State. It encompasses 28.7 square miles in an area of rich volcanic soil.The City is 145 miles southeast of Seattle, and
200 miles southwest of Spokane, Washington. The region is served by rail, highway and air transportation facilities,
which have helped develop the City as the commercial and business center of Central Washington. With a 2025
population of 97,458,Yakima is the eleventh largest city in the State of Washington.
Background
The Washington Fruit Community Center (WFCC) is a City-owned community facility located in northeast Yakima. For
decades,the center has served as an important gathering place for residents, providing opportunities for recreation,
education, wellness, and community engagement. Originally established as Yakima's senior center, the facility has
evolved over time to meet the changing needs of the community and now serves people of all ages.
The City of Yakima is seeking proposals from qualified organizations to enter into an operating agreement for the
management and operation of WFCC.The City is committed to ensuring the center remains a welcoming, accessible,
and sustainable community resource that supports the diverse needs of Yakima residents.
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Washington Fruit Community Center Program Overview
The Washington Fruit Community Center (WFCC), currently operated by the City of Yakima Parks and Recreation
Division, serves as a community gathering place for residents of all ages. The center provides a variety of programs,
services, and activities that promote recreation, education,wellness, social connection, and community engagement.
Through senior programs,youth and family activities, health and wellness opportunities, cultural events, educational
programming, and community partnerships, WFCC creates a welcoming environment where individuals and families
can learn, connect, and thrive.
Serving seniors,adults,youth,and families,the center offers a diverse selection of recreational,educational,wellness,
and social opportunities throughout the year. Programs are designed to support healthy lifestyles, lifelong learning,
youth development, cultural enrichment, and meaningful community involvement. Current programs generally
include:
• Health and Wellness
WFCC offers programs and services that support the physical, emotional, and social well-being of community
members. Activities may include exercise and movement classes, health education presentations, wellness
resources, blood drives, and partnerships with healthcare and community service organizations. These
opportunities encourage healthy lifestyles while providing valuable information and community support.
• Senior Programs and Services
The center provides a variety of activities designed to promote active and engaged aging. Programs may include
senior lunches, exercise classes, arts and crafts activities, educational presentations, bingo, coffee gatherings,
holiday celebrations, and special events. These programs help foster social connections, encourage lifelong
learning, and support overall well-being for older adults.
• Youth Development and Enrichment
WFCC offers programs that provide youth with opportunities for learning, recreation, and personal growth.
Activities may include after-school programs, day camps, educational workshops, leadership development
opportunities, arts programs, sports activities, field trips, and special events. These programs provide safe,
engaging environments that encourage positive youth development and community involvement.
• Arts, Culture, and Creative Expression
Creative and cultural programming allows participants to explore new interests, develop skills, and celebrate
community traditions. Activities may include arts and crafts, coloring and art classes, cultural celebrations, music
programs, dance instruction, sewing projects, and community art events. These opportunities encourage
creativity while strengthening community connections and cultural appreciation.
• Recreation,Sports, and Fitness
The center offers recreational opportunities for participants of all ages through fitness classes, martial arts
instruction, dance programs, sports activities, and other active recreation programs. These activities promote
physical fitness, personal development,teamwork, and healthy lifestyles while creating opportunities for fun and
social engagement.
• Family and Community Engagement
WFCC serves as a gathering place where families and community members can connect through shared
experiences and special events. Family game nights, movie nights, holiday celebrations, community festivals,
educational programs, and neighborhood events help strengthen relationships and foster a sense of belonging
throughout the community.
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• Community Partnerships and Support Services
The center collaborates with local organizations, schools, healthcare providers, and community groups to expand
programming and connect residents with valuable resources. Through educational presentations, outreach
programs, health services, and community initiatives, WFCC serves as a hub for partnerships that enhance the
quality of life for Yakima residents.
• Facility Rentals and Special Events
In addition to its scheduled programming, WFCC provides space for community gatherings, celebrations,
meetings, and special events.The facility accommodates a variety of private and public functions and serves as an
important venue for community activities throughout the year.
About the Washington Fruit Community Center
The Washington Fruit Community Center offers a variety of recreational, educational, wellness, and social programs
for seniors, adults, youth, and families. Current activities include senior programs, youth and teen activities, after-
school programming, health and wellness classes, cultural and community events, and seasonal programs.
The facility also serves as a community gathering space and is available for meetings, events, and private rentals.
Through partnerships, community engagement, and inclusive programming, WFCC plays an important role in
enhancing quality of life and fostering connections among residents throughout the Yakima community.
Section 3 Financial Operating Model
The City seeks an Operator that can independently manage and sustain facility operations without financial support
from the City.The selected Operator will be granted the right to occupy and operate the Facility and retain revenues
generated through approved activities in exchange for fulfilling all operational obligations.
• Compensation Structure
o The City will not provide operating subsidies, management fees, or other compensation to the Operator.
o The Operator shall be solely responsible for all costs associated with operating, managing, maintaining,
staffing, marketing, and programming the Facility.
o Operator shall assume all financial risk associated with operation of the Facility with the exception of pre-
approved capital improvement projects.
o Operating deficits, losses,or unforeseen expenses shall be the sole responsibility of the Operator and shall
not be reimbursed by the City unless expressly authorized in writing.
• Revenue Rights
o The selected Operator will be authorized to generate and retain revenues from City-approved activities,
which may include:
• Facility rentals
• Events and programs
• Concessions and food service
• Sponsorships and advertising
• Memberships
• Classes and recreational activities
• Merchandise sales
• Other revenue-generating activities approved by the City
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The City reserves the right to review and approve revenue-generating activities to ensure consistency with Facility
objectives and public use requirements.
• Financial Capacity Requirements
Proposers shall demonstrate:
o Sufficient financial resources to operate the Facility without City subsidy
o Experience managing comparable facilities
o Ability to fund startup and optional capital needs
o Capacity to absorb operational fluctuations and financial risk
Proposers shall demonstrate sufficient financial capacity and organizational stability to successfully operate the
Facility without financial assistance from the City.The City will evaluate each Proposer's financial capability based on
the information submitted in accordance with the Proposal Submittal Documents identified in Section 8. The City
reserves the right to request additional financial information or use other available information to evaluate financial
capability.
• Reporting and Transparency
The Operator shall provide quarterly reports that include, at a minimum:
o Attendance, participation, and utilization statistics.
o Membership statistics (if applicable).
o Volunteer hours contributed.
o Revenues and expenditures, including summary financial statements.
o Programs, events, and services conducted.
o Programming outcomes, accomplishments, and performance measures identified by the City.
o Major maintenance, repair activities, and facility condition updates.
o Planned improvements and identified operational challenges.
The City shall have the right, upon reasonable notice,to inspect and review financial and operational records related
to Facility operations.
• Performance and Continuity of Operations
The Operator shall maintain adequate financial capacity throughout the term of the agreement. Failure to
maintain financial viability or meet operational obligations may constitute grounds for termination of the
operating agreement.
• Capital Improvements and Facility Investment Responsibilities
o The selected Operator shall be responsible for routine maintenance and operation of the entire Facility,
including the north patio lawn area, the associated parking lot, landscaped and lawn areas, irrigation
systems, sidewalks,janitorial services, consumable supplies, and all minor repairs necessary for the day-
to-day operation of the Facility.
o The City shall retain responsibility for major capital repairs, structural components, roof replacement,
major HVAC replacement, major electrical systems, major plumbing systems, and other capital
improvements unless otherwise agreed in writing by both parties.
o The Operator shall promptly notify the City, in writing, of any major capital deficiencies or system failures
affecting Facility operations.
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Advisory Board
The Proposer shall include in its proposal a recommended approach for establishing a Washington Fruit Community
Center Advisory Board, including its purpose, membership, composition, and meeting structure. The Advisory Board
shall serve in an advisory capacity to provide community and facility user input regarding programs, services,
community engagement, and long-range planning. The selected Operator shall be responsible for establishing and
supporting the Advisory Board, facilitating communication and reporting, and considering Board recommendations
and public feedback in the operation of the facility. The Advisory Board shall not exercise operational authority over
the facility or possess decision-making authority regarding its management. The City shall retain ownership of the
facility and ultimate decision-making authority.
Current Operating Period and Transition Notice
City of Yakima operations of the Washington Fruit Community Center are anticipated to continue through December
31, 2026. Effective January 1, 2027, operational responsibility will transition to the selected Operator under this RFP.
Anticipated Contract Term
The City anticipates awarding an operating agreement for an initial term of two years, with optional renewal periods
subject to mutual agreement and satisfactory performance.
The final contract term will be negotiated with the selected Proposer and approved by the City. Proposers should base
their submissions on a term sufficient to support long-term operational stability and optional capital investment in
the Facility.
The City reserves the right to adjust the final term as part of contract negotiations.
Section 4 Project Timeline
The anticipated project timeline is provided below.The City reserves the right to revise these dates as necessary and
will notify prospective proposers of any changes through the official RFP process.
Project Milestone Anticipated Date
RFP Issued June 30, 2026
Pre-Proposal Conference/Site Visit July 8, 2026, 10:00 AM (local WA State time)
Due Date for Written Questions July 20, 2026
Addenda Issued/Answers Provided July 24, 2026 (Target)
Deadline for Submittal of Proposals July 30, 2026, 2:00:00 PM (local WA State time)
Evaluation of Submittals by City July 31—August 14, 2026
Interviews Begin (if requested) August 17-21, 2026
Recommendation of Award, Contract August 24—September 14, 2026
Negotiations, Finalize Award
City Council Contract Approval (Council October 6, 2026
Agenda)
Current City Operations End December 31, 2026
Contract Start Date January 1, 2027
Programming Commencement Deadline March 1, 2027
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Section 5 Inquiries
All inquiries, questions, requests for clarification, or other communications regarding this Request for Proposals
(RFP) shall be directed exclusively to the RFP Coordinator.To ensure a fair and consistent process, prospective
proposers shall not contact other City employees, officials, departments, or representatives regarding this
solicitation unless specifically authorized by the RFP Coordinator.
RFP Coordinator Contact Information
Rudy Silva Ill, MBA, CPPB
Purchasing Manager
Email: rudy.silva@yakimawa.gov
Phone: (509) 575-6094
Proposers are responsible for monitoring all issued addenda and incorporating any changes or clarifications into
their proposals. Failure to acknowledge or comply with issued addenda may result in the proposal being deemed
non-responsive.
Section 6 Addenda
The City reserves the right to revise this solicitation at any time. Any revisions, clarifications, interpretations,
corrections, or amendments will be issued by written addendum. It is the Proposer's responsibility to review,
understand, and comply with all addenda issued for this RFP.
Questions regarding this RFP should be submitted as early as possible to allow adequate time for review and response.
If a Proposer discovers any ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFP, the
Proposer must promptly notify the City and request clarification or consideration of a modification. All questions and
requests for clarification shall be submitted by email to the contact person identified in Section 5.
Responses to material questions will be provided through an addendum and distributed by email. Oral statements,
explanations, or instructions provided by City personnel are not binding and do not modify the requirements of this
RFP. Proposer must acknowledge receipt of all addenda issued for this solicitation in its proposal submittal.
Section 7 Proposal Requirements
Facility Requirements
The Washington Fruit Community Center is located at 602 N. 4th St., Yakima, WA 98901, and is situated on Yakima
County Parcel No. 191318-32479. The facility includes the building, parking areas, and surrounding grounds
encompassed within the parcel, which contains approximately 0.28 acres.
For purposes of this RFP,the term "Facility" means the Washington Fruit Community Center building and all
improvements located on Yakima County Parcel No. 191318-32479, including a patio area,the associated parking
lot, landscaped areas, lawns, sidewalks, irrigation systems, and other exterior improvements.
The selected Operator shall be responsible for the operation, routine maintenance, and day-to-day management of
the entire Facility, including the building, patio area, parking lot, lawns, landscaped areas, irrigation systems,
sidewalks, and other exterior improvements located within the parcel. Responsibilities include, but are not limited
to, mowing, edging, landscape maintenance, litter removal, routine parking lot maintenance,janitorial services, and
minor repairs, except for major capital improvements specifically retained by the City under this Agreement.
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The facility shall continue to operate under the name Washington Fruit Community Center throughout the term of
the agreement. Ownership of the facility and the underlying property shall remain with the City of Yakima, and the
selected Operator shall not sell,transfer,assign,or otherwise convey any ownership interest in the facility or property.
Minimum Service Expectations
The City seeks an Operator that will support and advance the Washington Fruit Community Center's mission of serving
as a vibrant, multi-generational community hub. The Facility should be operated primarily to provide programs,
services, and activities that promote recreation, education, wellness, cultural enrichment, social connection, and
community engagement for residents of all ages.The City reserves sole discretion in determining compliance with this
requirement.
The selected Operator shall maintain WFCC as an active and welcoming community resource serving seniors, adults,
youth, and families. At a minimum,the Operator is expected to provide:
• Regular public operating hours
• Recreational, educational,wellness, cultural, and social programming consistent with the Center's role as a
multi-generational facility
• Senior programs and services that may include meals, activities, wellness opportunities, and social
engagement
• Youth and family programming including after-school activities, day camps, enrichment opportunities, and
seasonal events
• Community events, outreach activities, and partnership programming
• Facility rental and community-use scheduling for meetings, events, and private gatherings
• Volunteer engagement opportunities that support programming and facility operations
• A safe, clean, and welcoming environment for all participants and visitors
Programming shall be designed to meet the diverse cultural, linguistic, economic, and accessibility needs of the
community, ensuring inclusive access and equitable participation for seniors, adults, youth, and families in Yakima.
As part of its proposal, each Proposer shall describe its approach for assuming operational responsibility for the
Facility effective January 1, 2027, including plans for staffing, volunteer coordination, communication with
participants and stakeholders, operational readiness, and continuity of services during the transition period.The
Transition Plan shall be provided in accordance with the Proposal Submittal Documents identified in Section 8.
Proposers shall also describe their first-year operational strategy, including a 12-month Work Plan outlining how
services will be implemented, scaled, and stabilized during the initial period of operation.
WFCC contains multiple multipurpose spaces intended for shared use by a variety of programs and community
groups. Programs utilizing shared spaces shall coordinate scheduling and ensure that program-specific equipment
and materials are removed at the conclusion of each activity unless otherwise designated for shared or permanent
use.
Any technology, software, equipment, or network-connected devices proposed for programming purposes must be
approved in advance by the City's Parks and Recreation Division.The selected Operator shall be responsible for all
technology support associated with its programs and operations.
Proposers are encouraged to identify opportunities for service enhancements, expanded programming, and
innovative approaches to serving the community.
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Programming Approach and Rationale
Proposers are expected to describe the rationale for their proposed programming approach, including how
programs are designed to achieve intended outcomes for seniors, adults,youth, and families in Yakima.Where
applicable, proposers should reference evidence-based practices, research, or established models that support the
effectiveness of proposed programming in areas such as health and wellness, social engagement, cognitive
enrichment, and/or active aging. Proposals should include supporting references where used to justify program
design or anticipated outcomes.
However, proposals that materially reduce the overall level of service currently available at the WFCC may be
determined non-responsive to the objectives of this RFP.
• Capital Facilities Expenditures
The City and selected Operator will work collaboratively to identify and prioritize capital improvement
projects that support the long-term functionality and sustainability of the facility.
Examples of potential capital improvement projects may include, but are not limited to:
• Exterior building improvements
• HVAC system replacement or upgrades
• Mechanical system improvements
• Roof repairs or replacement
• Kitchen and restroom fixture or appliance replacement
• Major facility renovations
• Americans with Disabilities Act (ADA) improvements
• Environmental health and safety compliance measures
The City shall retain responsibility for funding, administration, and implementation of approved capital
improvement projects as funding becomes available.The City makes no representation or commitment regarding
future funding levels or the completion of any specific capital project during the term of the agreement.
Current Programs and Services
The following information is provided to assist proposers in understanding the scope and nature of services
currently available at the WFCC.The selected Operator will be expected to provide programming that supports the
Washington Fruit Community Center's mission as a multi-generational community facility and serves the needs of
seniors, adults,youth, and families.
Current program offerings generally fall within the following categories:
• Social and Community Services
o Senior lunch and social dining opportunities
o Coffee and social gatherings
o Bingo and table games
o Community events and seasonal celebrations
o Family nights and intergenerational activities
o Community fundraisers and special events
o Facility-based social programming and drop-in activities
• Physical Wellness Services
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o Senior exercise and movement classes
o Fitness activities (e.g., Zumba)
o Health education presentations and wellness outreach
o Active recreation programs for youth and adults
• Youth and Family Services
o After-school programming (Beyond the Bell)
o Summer and seasonal day camps
o Youth enrichment and recreational activities
o Family engagement events and activities
o Youth sports and recreation programming
• Arts, Culture, and Creative Expression
o Arts and crafts classes and workshops
o Adult coloring and creative activities
o Cultural celebrations and themed events (e.g., Dia de los Muertos, holiday programs)
o Dance and music programs
o Sewing, scrapbooking, and creative skill-building activities
• Educational and Community Enrichment Services
o Health and wellness education presentations
o Youth nutrition and enrichment programming
o Special topic workshops and community presentations
o Partnerships with schools and community organizations
o Mobile health and outreach services
o Community learning and engagement opportunities
The City recognizes that programming needs may evolve over time.The selected Operator may modify or expand
programming if services remain consistent with the overall mission and purpose of the WFCC.
Required Deliverables
To assist the City in monitoring facility operations and program performance,the selected Operator shall provide the
following information on a regular basis:
• Quarterly operational reports
• Financial reports
• Program participation and performance data
• Facility maintenance and repair reports
Proposal Content
Proposals shall address, at a minimum,the following:
• Operations Management Plan
• Programming Plan
• Transition Plan
• Financial Capability Documentation
• Advisory Board Plan
• Organizational Qualifications
• Programming Competency Plan
• References
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• Cover Letter
Detailed document requirements are provided in Section 8.
Additional reporting requirements may be negotiated as part of the final operating agreement.
Section 8 Proposal Submittal Documents
The following documents are mandatory and shall be included with every proposal unless otherwise noted. Failure to
provide one or more required submittals may result in the proposal being deemed non-responsive. Items specifically
identified as"Post-Award"are not required at the time of proposal submission.Submittals will be utilized in evaluating
each proposal. To expedite the evaluation process, proposals should be limited to the number of pages necessary to
fully address the requirements and should avoid unnecessary length. Concise submissions will facilitate efficient
review and evaluation.
To facilitate an efficient and consistent review process, all Proposers shall organize and submit their proposals in the
exact order listed below. Failure to follow the required sequence may delay the evaluation of the proposal and may
result in the proposal being deemed non-responsive if the required information cannot be readily identified. Proposals
should include the following items:
Submission Requirements Classification (Mandatory vs. Post-Award)
Mandatory- Required with Proposal Required Post-Award
1. Cover Letter City Business License
2. Organizational Qualifications Certificate of Insurance
3. Financial Capability Documentation Fire Inspection Report
4. Operations Management Plan Food Establishment Permit
5. Program/Competency Plan
6.Transition Plan
7. Advisory Board Plan
8. References
9. Addenda Acknowledgment
• Cover Letter
Provide a cover letter, written on business letterhead and signed by an official authorized to legally bind the
Proposer. Include the following:
o Name and title of Proposer representative
o Name, physical and mailing address of company
o Telephone number and email address
o A statement that the Proposer believes its Proposal meets all the requirements set forth in this RFP
o A statement that the individual signing the Proposal is authorized to bind the organization in connection
with this Proposal and that she/he has not participated and will not participate in any action contrary to
the RFP
o Any additional information that Proposer would like the City of Yakima to consider
• Organizational Qualifications
Proposers should address the following areas in their RFP Submittal:
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o Experience
i. Describe the qualifications your organization has to provide the proposed services.
ii. Describe your experience in providing similar services to seniors, adults,youth, and families
iii. Describe your experience operating public programs
iv. Describe existing partnerships that may contribute to your success
v. Describe your experience maintaining facilities, including, but not limited to building
maintenance, outdoor greenspace/park maintenance, and parking lot maintenance.
• Financial Capability Documentation
Proposers shall demonstrate their financial capacity and stability to operate the WFCC without financial
support from the City. At a minimum, proposers shall provide the following:
o Two (2) years of audited financial statements.
o The most recent IRS Form 990, if the Proposer is a nonprofit organization.
o A current operating budget.
o Any additional financial information, references, or documentation demonstrating financial stability and
the ability to successfully perform the services described in this RFP.
The City reserves the right to use other means to evaluate financial capability, including credit reports,
business references, banking references, or other information deemed relevant.
• Operations Management Plan
Provide a detailed description of the proposed program plan identified in Section 7 to include the following:
o Overview of program including schedule of activities
o Service capacity(number of individuals to be served)
o Proposer staffing overview and qualifications
o Intended outcomes
o Supporting research or literature citations providing evidence of benefits to be realized by the community
from the proposed programming.
o Overview of ability to operate and maintain, including winter snow removal,the parking lot at the Facility.
• Programming/Competency Plan
Describe your plan for ensuring programming activities will serve the cultural, economic, language, and other
unique characteristics of the community.
• Transition Plan
o Transition Plan describing how the Proposer will assume operational responsibility effective January 1,
2027, including staffing, volunteer coordination, communication with participants and stakeholders,
operational readiness, and continuity of services.
o 12-month Work Plan
• Advisory Board Plan
Describe the proposed approach for establishing and supporting the Washington Fruit Community Center
Advisory Board, including its purpose, membership, composition, meeting structure, and how community
input will be incorporated into facility operations.
• References
Provide names and contact information (name, phone, email)for three references who have direct firsthand
knowledge of Proposer's relevant experience. These references will be contacted by the City as part of the
evaluation of this proposal.
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• Addenda Acknowledgement, if applicable
Acknowledge receipt of all addenda issued for this solicitation in its proposal submittal. Failure to
acknowledge all issued addenda by the proposal due date and time shall render the proposal non-responsive
and it may be rejected from further consideration.
• Licenses/Certifications
o To be submitted post-award
i. City of Yakima Business License
ii. Certificate of Insurance
iii. Annual Fire Inspection Report
iv. Annual Food Establishment Permit issued by the Yakima Health District
v. Any other necessary licenses, certifications, or permits to operate or maintain the Facility
Proposers responding to this RFP must comply with the requirements herein. The City reserves the right to exclude
any responses from consideration that do not follow the required format or include all required documents.
Section 9 Submitting a Proposal
Proposals must be submitted electronically through PublicPurchase.com no later than the date and time specified
on Page 1 of this RFP. Late proposals will not be accepted or evaluated. Proposals submitted after the deadline will
be automatically rejected by the electronic submission system.
If City Hall is closed at the scheduled proposal opening time for any reason, proposals will be accepted and opened
on the City's next business day at the originally scheduled time.
All proposals must be submitted electronically through PublicPurchase.com and will remain secured in an electronic
lockbox until the designated opening date and time.To register as a vendor/proposer,visit PublicPurchase.com or
the City of Yakima Purchasing webpage at yakimawa.gov/services/purchasing.
The City is not responsible for proposals that are submitted late due to user error,technical difficulties, electronic
malfunctions, system failures, or interruptions affecting PublicPurchase.com or the proposal submission process.
The Purchasing Manager reserves the right to grant exceptions in documented extenuating circumstances.
Any portions of a proposal that the Proposer considers exempt from public disclosure under the Washington State
Public Records Act (RCW 42.56 et seq.) must be submitted as a separate file and clearly labeled "Confidential"when
uploaded to PublicPurchase.com. All other proposal materials may be made available for public inspection following
contract execution. All documents and materials required for proposal acceptance must be uploaded to
PublicPurchase.com before the submission deadline.
Section 10 Evaluation Criteria
Experience and Qualifications of the Proposer
This criterion assesses the Proposer's experience, qualifications, and overall capacity to successfully operate the
WFCC and deliver the services described in this RFP. Evaluation will consider demonstrated experience serving
diverse, multi-generational populations, including seniors,adults,youth,and families,as well as experience operating
public or community-based programs and managing comparable facilities, programs, or services.
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Consideration will be given to the qualifications of key personnel, organizational capacity, and demonstrated
experience in staffing, programming, facility operations, and day-to-day management. Relevant experience may be
drawn from nonprofit, public sector, private sector, or other organizational contexts.
Proposers should provide sufficient detail to demonstrate the scope and scale of prior experience, including, as
applicable, population served, program volume,facility size, participation levels, and operational responsibilities.
Additional consideration will be given to proposals that demonstrate measurable outcomes and community impact,
including, but not limited to, participant growth, retention, health and wellness outcomes, program effectiveness,
and other documented results.
Community benefit will be evaluated based on the degree to which the proposal aligns with the WFCC's mission of
fostering inclusive participation by providing a variety of quality,fun and safe programs for people of all ages.
Community benefit and programming will be evaluated based on the degree to which proposals demonstrate
inclusive, accessible, and mission-aligned programming that promotes socialization, health and wellness, lifelong
learning, and community connection among seniors, adults, youth, and families.
Evaluation Scoring
The following criteria will be used to evaluate proposals. Each evaluator may award up to 100 total points as follows:
Criteria Points
Experience 25
Operations Plan 25
Financial Capacity 20
Community Benefit& Programming 20
References/ Interview 10
Total 100
Shortlisting and Further Evaluation
Based on the written proposal evaluations, the City may establish a shortlist of the highest-ranked Proposers.
Shortlisted Proposers may be invited to participate in interviews, presentations, demonstrations, and/or site visits to
further clarify or support their proposals. Failure to participate in a requested interview or site visit may result in
removal from further consideration.
Following interviews, presentations, demonstrations, or site visits, the Evaluation Team may revise scoring and
establish final rankings based on all information obtained throughout the evaluation process.
Section 11 Post Evaluation and Award
Following the evaluation process, the RFP Coordinator identified in Section 5 will notify all Proposers in writing via
email regarding the status of their submissions.
The highest-ranked Proposer may be invited to enter into negotiations with the City for an operating agreement for
the management and operation of the City of Yakima's Washington Fruit Community Center. The City reserves the
right to negotiate any aspect of the RFP and any resulting agreement when determined to be in the best interest of
the City.
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If the City is unable to reach a satisfactory agreement with the highest-ranked Proposer, the City may terminate
negotiations and proceed to the next highest-ranked Proposer(s) in order of ranking.
Any resulting recommendation of award and proposed agreement(s) are subject to approval or denial by the City
Council at a public meeting.
Section 12 General Terms and Conditions
Public Disclosure
Washington State Public Disclosure Act(RCW 42.56 et seq.) requires public agencies in Washington to promptly make
public records available for inspection and copying unless they fall within the specified exemptions contained in the
Act, or are otherwise privileged. All documents submitted in relation to this Specification shall be considered public
records and, with limited exceptions, will be made available for inspection and copying by the public. It is the intent
of the Owner (City)to post all RFP responses online and be available to the public after the contract is signed.
Marking the entire submittal as "confidential" or "proprietary" is not acceptable and is grounds to reject such
submittal. If, in the Owner's opinion, the material is subject to disclosure, the Owner will notify Proposer of the
request and impending release which will allow the Proposer 10 days from notice to take whatever action it deems
necessary to protect its interests. All expense of such action shall be borne solely by the Proposer, including any
damages, attorney's fees or costs awarded by reason of having opposed disclosure and Proposer shall indemnify
Owner against same. If the Proposer fails or neglects to take such action within said period,the Owner will release all
materials deemed subject to disclosure. Submission of materials in response to this solicitation shall constitute assent
by the Proposer to the foregoing procedure and the Proposer shall have no claim against the Owner on account of
actions taken pursuant to such procedure.
It is the intention of the City to maintain an open and public process in the solicitation, submission, review and
approval of this RFP. RFP proposal openings and review will be public.
Retention of Rights
The City retains the right to accept or reject any or all proposals if deemed to be in its best interests.
All proposals become the property of Owner upon receipt. All rights, title and interest in all materials and ideas
prepared by the Proposer for the proposal to Owner shall be the exclusive property of Owner and may be used by the
Owner at its option.
Incurring Costs
The City is not liable for any cost incurred by a Proposer in the process of responding to this RFP including but not
limited to the cost of preparing and submitting a response, in the conduct of a presentation, in facilitating site visits
or any other activities related to responding to this RFP.
Cooperative Purchasing
The Washington State Interlocal Cooperative Act (RCW 39.34) provides that other governmental agencies may
purchase goods or services on this solicitation or contract in accordance with the terms and prices indicated therein
if all parties agree. The City of Yakima does not accept any responsibility or involvement in the purchase orders or
contracts issued by other public agencies.
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Non-Discrimination Provision
During the performance of this Contract,the Operator agrees as follows:
The Operator shall not discriminate against any person on the grounds of race, creed, color, religion, national origin,
sex, age, marital status, sexual orientation, gender identity, pregnancy, veteran's status, political affiliation or belief,
or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against
Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12101 et seq.).
This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training,
and the provision of Services under this Agreement. Operator agrees to comply with the applicable provisions of State
and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations.
In the event of the Proposer's noncompliance with the non-discrimination clause of this contract or with any such
rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the
Proposer may be declared ineligible for any future City contracts.
No provision of this Agreement shall require or prohibit action or inaction by either party, or the agent(s) or
subcontractor(s)of either party,that would violate Federal, State,or local law or that would affect the City's eligibility
for any federal program or receipt of federal funds.
Section 13 Attachments
The following attachments are incorporated into and made part of this RFP:
• Attachment A— Floor Plan
• Attachment B—Parcel Information and Property Records
• Attachment C—Sample Agreement
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Attachment A — Floor Plan
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Attachment B - Parcel Information and Property Records
(Yakima County Archives)
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Attachment C — Sample Agreement
OPERATING AGREEMENT
FOR
PROJECT
FACILITY NAME
THIS OPERATING AGREEMENT ("Agreement"), entered into on the date of last execution, between the City of
Yakima, a Washington municipal corporation ("City"), and ("Operator").
WITNESSETH:The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
follows:
1. Facility and Purpose
The City owns Washington Fruit Community Center which includes the center building, a large parking lot to the
South of the center building (hereinafter referred to as "Facility") identified as:
Facility:
Address:
The Facility is legally described as follows:
[insert legal]
This Agreement encompasses operation and maintenance of the Facility described above.
2. General Management and Responsibilities of Operator
Operator shall manage, operate, and maintain the Facility consistent with City policies and with the general
concepts of senior and community centers in order to meet the needs of the seniors, adults, youth, and families
including, but not limited to the poor and disadvantaged, particularly in the areas of health, education,welfare,
recreation, programming, and other such areas as are consistent with this Agreement and the RFP, as well as the
general uses of a neighborhood community center for people of all ages. Operator shall be responsible for the day-
to-day management, operation, programming, maintenance, and administration of the Facility.
Operator shall operate the Facility in a manner consistent with the Facility's intended public purpose and in
compliance with all applicable federal, state, and local laws, regulations, policies, and permit requirements.
A detailed Scope of Operations, if applicable, is attached as Exhibit A and incorporated herein by reference.
3. Compensation and Revenue Rights
The parties acknowledge that City shall not compensate Operator for services provided under this Agreement.
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Operator shall be solely responsible for all costs associated with operating, managing, maintaining, staffing,
securing, administering, and programming the Facility.
As consideration for Operator's performance under this Agreement, City grants Operator the non-exclusive right to
occupy and operate the Facility and to retain revenues generated through approved operations, programs, events,
rentals, concessions, sponsorships, memberships, donations,fundraising activities, and other activities authorized
by City and conducted in accordance with this Agreement. Operator shall not create revenue from naming rights
and has no authority to provide naming rights to any third party.
Operator assumes all financial risk associated with operation of the Facility and shall not be entitled to
reimbursement from City for operating losses, deficits, liabilities, or expenses unless expressly authorized in writing
by City.
4.Term
The term of this Agreement shall commence on and continue until .
The City may, at its option, renew or extend this Agreement by written amendment.
5. Operator Responsibilities (RFP details regarding Operator requirements will be added to this section.)
Operator shall:
a. Operate and manage the Facility.
b. Provide adequate staffing and supervision.
c. Maintain the Facility in a safe, clean, and operational condition.
d. Pay all costs of utilities and operating and maintaining the Facility.
f. Provide programming and services consistent with the Facility's purpose.
g. Maintain appropriate financial and operational records.
h. Provide security appropriate to Facility operations.
Except as otherwise specifically provided in this Agreement, Operator shall furnish the following, all as the same may
be required to perform and provide the services and fulfill Operator's responsibilities in accordance with the terms
of this Agreement: personnel, labor, products and supervision, and technical, professional, and other services.
Maintenance shall include, but not be limited to keeping the interior of the Facility at all times in good repair and
condition as the same now is, ordinary wear and tear resulting from careful usage and damage by the elements
without fault on the part of the Operator excepted. Operator shall maintain and repair the doors,windows and all
interior walls and fixtures of the Facility. In addition, Operator shall be responsible for routine maintenance of all
plumbing and electrical fixtures. Operator shall provide janitorial and/or cleaning services as necessary. Operator
shall remove sidewalk snow and ice on walkways leading to and from the Facility, as well as adjacent sidewalks, and
keep the sidewalks clear of obstructions.
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6. Public Access and Hours of Operation
Operator shall provide reasonable public access to the Facility consistent with its intended purpose.
Minimum operating hours shall be:
Additional operating hours may be established by Operator.
7. Programming Requirements
Operator shall provide programs, services, activities, and events that support the intended purpose of the Facility.
Annual program plans, schedules, performance goals, or service objectives may be required by City.
8. Utilities
Operator shall be responsible for all utility costs, including, but not limited to, water,wastewater, irrigation,
stormwater, electricity, natural gas, internet, and cable/television. City shall have no responsibility for any costs for
any utilities used in the operation of the Facility.
9. Maintenance Responsibilities
Operator shall be responsible for routine maintenance, cleaning, custodial services, preventative maintenance, and
minor repairs.
Responsibility for major repairs, structural repairs, building systems, and capital maintenance shall be allocated as
follows:
10. Capital Improvements and Alterations
Operator shall not make material alterations, renovations, additions, or improvements to the Facility without prior
written approval from City.
Unless otherwise agreed in writing, all permanent improvements shall become the property of City upon
installation.
11. Security
Operator shall provide and maintain reasonable security measures appropriate for Facility operations.
Security measures may include access controls, alarms, event security, monitoring systems, and incident reporting
procedures.
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12. Reporting Requirements
The Operator agrees to furnish the City with reasonable periodic reports and documents as it may request and in
such form as the City requires pertaining to the obligations and responsibilities of Operator under this Agreement.
The costs and obligations incurred or to be incurred in connection therewith, and any other matter, shall be covered
by Operator.
At a minimum, Operator shall provide periodic reports to City as follows:
Reports may include, but are not limited to (and the City may ask for other items, information or details):
• Financial performance
• Revenues and expenditures
• Facility utilization
• Attendance
• Programming
• Maintenance activities
• Performance metrics
• Staffing information
13. Inspection, Examination, Maintenance and Retention of Records, and Audit Rights
Operator shall maintain all books, records, documents, and other materials relating to the operation of the Facility in
accordance with generally accepted accounting principles and applicable federal, state, and local laws. The City shall
have the right to audit, review, examine, copy, and/or transcribe any pertinent records or documents relating to this
Agreement.
Operator shall retain all such records for a minimum period of six(6) years after final termination of this Agreement,
or longer if required by law or the Washington Secretary of State's records retention schedule. If any litigation,
claim, or audit is started before the expiration of the six(6)year period, or for the required period outlined in the
Washington State Secretary of State's record retention period if longer,the records shall be retained until all
litigation, claims or audit findings involving the records have been resolved.
The City shall, at all times, have the right to inspect, audit, examine, copy, and transcribe all records relating to this
Agreement during the term of this Agreement and for the required retention period thereafter. Operator shall
provide the City sufficient, safe, and proper facilities, and/or send copies of the requested documents to the City.
Operator agrees that all records relating to this Agreement will be provided to the City upon the City's request.
All records created, utilized, or maintained by Operator in connection with this Agreement are deemed City of
Yakima, must be made available to the City, are public records and shall be subject to disclosure under the
Washington Public Records Act, Chapter 42.56 RCW.
Operator shall provide sufficient access,facilities, and assistance as reasonably required by the City to conduct such
audits or inspections.
14. Operator is an Independent Contractor
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Operator shall, at all times, be an independent Contractor and not an agent or representative of City with regard to
performance of the Services. Operator shall not represent that it is, or hold itself out as, an agent or representative
of City. In no event shall Operator be authorized to enter into any agreement or undertaking for, or on, behalf of
City. Neither the Operator nor any employee of the Operator is entitled to any benefits that the City provides its
employees. The Operator is solely responsible for payment of any statutory workers compensation or employer's
liability insurance as required by state law. The Operator will have an active account with the Department of
Revenue, other state agencies as needed, and a separate set of books or records that reflect all items of income and
expenses of the business that the Operator is conducting.
15. Property Rights
All records, reports, data, documents, plans, specifications, working papers, photographs, recordings, digital files,
and other materials of any nature whatsoever produced, developed, or acquired by Operator in connection with the
operation, management, programming, or maintenance of the Facility("Work Product") shall be deemed works
made for hire and shall be the sole and exclusive property of the City of Yakima.
To the extent any Work Product is not deemed a work made for hire, Operator hereby irrevocably assigns,transfers,
and conveys to the City all right,title, and interest, including all intellectual property rights, in and to such Work
Product.
Upon expiration or termination of this Agreement, Operator shall promptly deliver all Work Product to the City
without demand and without retaining copies, except as required by law.
Operator shall not use, reproduce, distribute, or disclose Work Product without prior written consent of the City.
16. Compliance with Law
Operator agrees to perform all requirements under this Agreement in full compliance with any and all applicable
laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether
federal, state, local, or otherwise, including policies adopted by the City, as those laws, ordinances, rules,
regulations, and policies now exist or may hereafter be amended or enacted.
a. Operator shall obtain, maintain, and comply with all federal, state, and local permits, licenses, approvals,
registrations, and certifications required for operation of the Facility and for activities performed under this
Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful
execution of Operator's responsibilities under this Agreement. Operator shall comply with all applicable
laws, regulations, ordinances, and policies, including but not limited to Washington State tax registration
requirements (RCW Title 82), unemployment insurance requirements (RCW Title 50), and business licensing
requirements of the State of Washington and the City of Yakima Municipal Code (YMC 5.02).
b. Operator shall maintain a valid Washington State Unified Business Identifier (UBI) number and shall not be
disqualified from public contracting under applicable Washington law.
c. If Operator is a foreign (non-Washington) entity, Operator shall promptly obtain authorization to conduct
business in Washington prior to commencing operations under this Agreement.
17. Non-Discrimination
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During the performance of this Agreement Operator shall not discriminate against any person on the basis of race,
creed, color, religion, national origin, sex, age, marital status, sexual orientation,gender identity, pregnancy, veteran
status, political affiliation or belief, or the presence of any sensory, mental, or physical disability, consistent with
RCW Chapter 49.60 and the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.).
This provision shall include but not be limited to the following: employment, upgrading, demotion,transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training,
and the provision of services under this Agreement. Operator agrees to comply with the applicable provisions of
State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations.
In the event of noncompliance with the non-discrimination clause of this Agreement or with any such rules,
regulations, or orders,the City may suspend,terminate, or cancel this Agreement, in whole or in part, and the
Operator may be declared ineligible for future City contracts.
Nothing in this Agreement shall require Operator or any of its subcontractor(s)to take action that would be deemed
discrimination nor preferential treatment in violation of RCW 49.60.400. Pursuant to RCW 49.60.400(6),this Section
does not prohibit action that must be taken to maintain the City's eligibility for any federal program, if ineligibility
would result in a loss of federal funds to the City.
Pay Transparency Nondiscrimination Provision. The Operator will not discharge or in any other manner discriminate
against employees or applicants because they have inquired about, discussed, or disclosed their own pay or the pay
of another employee or applicant. However, employees who have access to the compensation information of other
employees or applicants as a part of their essential job functions cannot disclose the pay of other employees or
applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a)
in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or (c) consistent with the Operator's legal duty to furnish
information.
18. Indemnification and Hold Harmless
a. Operator shall take all necessary and reasonable precautions in performing the responsibilities and
requirements under this Agreement to prevent and protect against any injury to persons(including death)
or property damage that may occur. The Operator agrees to release, indemnify, defend, and hold
harmless the City, its elected and appointed officials, officers, employees, agents, representatives,
insurers, attorneys, and volunteers from all liabilities, losses, damages, and expenses related to all claims,
suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from
or in connection with this Agreement or the acts, failures to act, errors or omissions of the Operator, or
any of Operator's agents or subcontractors, in performance of this Agreement, except for claims caused
by the City's sole negligence.
b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Operator waives any
immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW,
solely for the purposes of this indemnification. Operator's indemnification shall not be limited in any way
by any limitation on the amount of damages, compensation or benefits payable to or by any third party
under workers'compensation acts, disability benefit acts or any other benefits acts or programs.Operator
shall require that its subcontractors, and anyone directly or indirectly employed or hired by Operator, and
anyone for whose acts Operator may be liable in connection with its performance of this Agreement,
comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume
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all potential liability for actions brought by their respective employees.The Parties acknowledge that they
have mutually negotiated this waiver.
c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Operator and the City, the Operator's liability,
including the duty and cost to defend, shall be only to the extent of the Operator's negligence.
d. Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of
indemnification in any third party.
e. The terms of this Section shall survive any expiration or termination of this Agreement.
19. Insurance
At all times during performance of the responsibilities under this Agreement and this Agreement, Operator shall
secure and maintain in effect insurance to protect the City and Operator from and against any and all claims,
damages, losses, and expenses arising out of or resulting from the performance of this Agreement. If Operator
carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of
Insurance and Endorsements and the City shall be named as an additional insured for such higher limits.
Operator shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The
City reserves the right to require higher limits should it deem it necessary in the best interest of the public, and may
require higher limits and/or additional policies depending on the activities proposed at the Facility.
Operator shall provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein. A copy of the additional insured endorsement attached to the policy shall be included with the
certificate. This Certificate of insurance shall be provided to the City, prior to commencement of work. Failure to
provide the City with proof of insurance and/or to maintain such insurance outlined herein shall be a material
breach of this Agreement and a basis for termination.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to
identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Operator's
obligation to maintain such insurance.
Operator's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under
this Agreement, and any insurance, self-insurance or insurance pool coverage maintained by the City shall be in
excess of the Operator's insurance and neither the City nor its insurance providers shall contribute to any
settlements, defense costs, or other payments made by Operator's insurance. All additional insured endorsements
required by this Section shall include an explicit waiver of subrogation.
The following insurance is required:
a. Commercial Liability Insurance
Before this Agreement is fully executed by the parties, Operator shall provide the City with a certificate of
insurance and additional insured endorsements as proof of commercial liability insurance with a minimum
liability limit of Three Million Dollars ($3,000,000.00) per occurrence, combined single limit bodily injury and
property damage, and Three Million Dollars ($3,000,000.00)general aggregate. If Operator carries higher
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coverage limits, such limits shall be shown on the Certificate of Insurance and Endorsements and the City, its
elected and appointed officials, employees, agents, attorneys and volunteers shall be named as additional
insureds for such higher limits. The certificate shall clearly state who the provider is,the coverage amount,
the policy number, and when the policy and provisions provided are in effect. The policy shall not include
any limitations or exclusions on Abuse, Molestation, or Assault and Battery coverage. Said policy shall be in
effect for the duration of this Agreement. The certificate of insurance and additional insured endorsements
shall name the City of Yakima, its elected and appointed officials, employees, agents, attorneys and
volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the
insurance without first giving the City prior written notice. The insurance shall be with an insurance
company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington.The
requirements contained herein, as well as City of Yakima's review or acceptance of insurance maintained by
Operator is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed
by Operator under this Agreement.
b. Automobile Liability Insurance
Before this Agreement is fully executed by the parties, Operator shall provide the City with a certificate of
insurance as proof of automobile liability insurance with a minimum liability limit of Three Million Dollars
($3,000,000.00) per occurrence. If Operator carries higher coverage limits, such limits shall be shown on the
Certificate of Insurance and Endorsements and the City, its elected and appointed officials, employees,
agents, attorneys and volunteers shall be named as additional insureds for such higher limits. The certificate
shall clearly state who the provider is,the coverage amount,the policy number, and when the policy and
provisions provided are in effect.The policy shall not include any limitations or exclusions on Abuse,
Molestation, or Assault and Battery coverage. Said policy shall be in effect for the duration of this
Agreement. The certificate of insurance and additional insured endorsements shall name the City of Yakima,
its elected and appointed officials, employees, agents, attorneys and volunteers as additional insureds, and
shall contain a clause that the insurer will not cancel or change the insurance without first giving the City
prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher
in Best's Guide and admitted in the State of Washington.The requirements contained herein, as well as City
of Yakima's review or acceptance of insurance maintained by Operator is not intended to and shall not in
any manner limit or qualify the liabilities or obligations assumed by Operator under this Agreement. The
business auto liability shall include Hired and Non-Owned coverage if necessary.
c. Employer's Liability(Stop Gap)
Operator and all subcontractor(s) shall at all times comply with all applicable workers' compensation,
occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent
applicable, and shall maintain Employer's Liability insurance with a limit of no less than $1,000,000.00. The
City shall not be held responsible in any way for claims filed by Operator or its employees for services
performed under the terms of this Agreement. Operator agrees to assume full liability for all claims arising
from this Agreement including claims resulting from negligent acts of all subcontractor(s). Operator is
responsible to ensure subcontractor(s) have insurance as needed. Failure of subcontractors(s)to comply
with insurance requirements does not limit Operator's liability or responsibility.
d. Professional Liability
The Operator shall provide evidence of Professional Liability insurance covering professional errors and
omissions. Operator shall provide the City with a certificate of insurance as proof of professional liability
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insurance with a minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single
limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) aggregate. The certificate
shall clearly state who the provider is,the coverage amount,the policy number, and when the policy and
provisions provided are in effect.The policy shall not include any limitations or exclusions on Abuse,
Molestation, or Assault and Battery coverage. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage
will continue in force for an additional two years after the completion of this contract. If insurance is on a
claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the
effective date of this Agreement.
Operator's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under
this Agreement. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess
of the Operator's insurance and neither the City nor its insurance providers shall contribute to any settlements,
defense costs, or other payments made by Operator's insurance.
If at any time during the life of the Agreement, or any extension, Operator fails to maintain the required insurance in
full force and effect, all work under the Agreement shall be discontinued immediately. Any failure to maintain the
required insurance may be sufficient cause for the City to terminate the Agreement.
20. Assignment
Operator shall not assign,transfer, or encumber any rights, duties, interests, or obligations under this Agreement
without prior written consent of City, which may be granted or withheld at the City's sole discretion.
21.Termination
Termination for Cause
In the event the Operator breaches this Contract,the City may terminate the Contract at its sole discretion in such
event that it provides the Operator with written notice of Operator's breach and the Operator fails to cure its breach
within 30 days of this notice.
In the event of the City breaches this Contract,the Operator may terminate the Contract at its sole discretion in such
event that it provides the City with written notice of City's breach and the City fails to cure its breach of the Contract
within 60 days of this notice.
The following represents a non-exclusive, illustrative list of instances that shall be considered a breach by the
Operator:
a. Defaults on an obligation under the Contract;
b. Fails to perform any material obligation required under the Contract;
c. Files a petition in bankruptcy, becomes insolvent, or otherwise takes action to dissolve as a legal
entity;
d. Allows any final judgment not to be satisfied or a lien not to be disputed after a legally-imposed,
30-day notice;
e. Makes an assignment for the benefit of creditors;
f. Fails to follow the sales and use tax certification requirements of the State of Washington;
g. Incurs a delinquent Washington tax liability;
h. Becomes a State or Federally debarred Contractor;
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i. Is excluded from federal procurement and non-procurement Contracts;
j. Fails to maintain and keep in force all required insurance, permits and licenses as provided in
the Contract;
k. Fails to maintain the confidentiality of the City information that is considered to be Confidential
Information, proprietary, or containing Personally Identifiable Information; or
I. Operator performance threatens the health or safety of a City, County or municipal employee, a
participant in Operator's (or Operator's agent or subcontractor) programming, or a member of
the public.
Termination for Convenience
The City may terminate the Contract, without cause, by providing 30 days written notice of termination.
Change in Funding
In addition to the above termination provisions, if the funds upon which the City relied to establish this Contract are
withdrawn, reduced, or limited, or if additional or modified conditions are placed on such funding,the City may
terminate this Contract by providing at least five business days written notice to the Operator. The termination shall
be effective on the date specified in the notice of termination.
22. Force Majeure
Neither the City nor the Operator shall be liable for any failure or delay in the performance of its obligations under
this Agreement to the extent such failure or delay is caused by acts or events beyond the reasonable control of the
affected party("Force Majeure Event"), including but not limited to: acts of God,fire,flood, earthquake, windstorm,
or other natural disasters; epidemics, pandemics, or public health emergencies; war,terrorism, civil unrest, or riots;
labor disputes not involving the affected party; utility or infrastructure failures outside the reasonable control of the
Operator; or governmental orders, restrictions, or directives that materially restrict or prohibit operation of the
Facility.
The affected party shall provide written notice to the other party as soon as practicable following the occurrence of
a Force Majeure Event, describing the nature of the event,the anticipated duration, and the steps being taken to
mitigate its effects.
During the continuation of a Force Majeure Event,the obligations of the affected party under this Agreement shall
be suspended to the extent reasonably necessary to address the impacts of the event, and neither party shall be
deemed in breach of this Agreement for such suspended performance.
Any time periods for performance under this Agreement shall be extended for a period equal to the duration of the
Force Majeure Event and any reasonable recovery period thereafter.
If a Force Majeure Event continues for more than one hundred twenty (120) consecutive days, either party may
terminate this Agreement upon written notice to the other party,without further liability, except for obligations
accruing prior to the Force Majeure Event.
Force Majeure shall not excuse:
a. payment obligations already accrued (if applicable under this Agreement);
b. indemnification obligations;
c. confidentiality obligations; or
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d. insurance requirements, except to the extent insurance is unavailable due to a Force Majeure Event despite
commercially reasonable efforts.
23. Taxes and Assessments
Operator shall be solely responsible for and shall pay all taxes, deductions, and assessments, including but not
limited to leasehold tax,federal income tax, FICA, social security tax, assessments for unemployment and industrial
injury insurance, and other deductions from income which may be required by law or assessed against either party
as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement,
Operator shall pay the same before it becomes due.
24. Notices
Any alterations, including changes to the nature of the responsibilities, made to the Agreement shall be rendered in
writing and signed by both parties; no changes without such signed documentation shall be valid. No alterations
outside of the general scope and intent of the original Request for Proposals shall be made.
Notice of Business Changes. Operator shall notify the City in writing within three (3) business days of any change in
ownership of the facilities of the Operator or the facilities of any subcontractor. The Operator shall notify the City in
writing as soon as possible, and in no event later than three (3) business days, after any decision by the Operator to
change or discontinue service that will affect the services provided to the City under this Agreement.
The City shall have the right to renegotiate the terms and conditions of this Agreement to the extent required to
accommodate a change in governing law or policy that, in the sole discretion of the City, either substantially and
unreasonably enlarges the Operator's duties hereunder, or renders performance, enforcement or compliance with
the totality of the Agreement impossible, patently unreasonable, or unnecessary. Notices and demands under and
related to this Agreement shall be in writing and sent to the parties at their addresses as follows:
TO CITY:
City of Yakima
129 North 2nd Street
Yakima,WA 98901
Attn:
TO OPERATOR:
25. Dispute Resolution
In the event that any dispute shall arise as to the interpretation of this Agreement, or in the event of a notice of
default as to whether such default does constitute a breach of the Agreement, and if the parties hereto cannot
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mutually settle such differences,then the parties shall first pursue mediation as a means to resolve the dispute. If
the afore mentioned methods are not successful then any dispute relating to this Agreement shall be decided in the
courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other
available means of dispute resolution may be implemented.
26. Confidential Information
Operator shall not use Confidential, Proprietary or Personally Identifiable Information of City for any purpose other
than the limited purposes set forth in this Agreement, and all related and necessary actions taken in fulfillment of the
obligations there under. Operator shall hold all Confidential Information in confidence, and shall not disclose such
Confidential Information to any persons other than those directors, officers, employees, and agents
("Representatives")who have a business-related need to have access to such Confidential Information in furtherance
of the limited purposes of this Agreement and who have been apprised of, and agree to maintain, the confidential
nature of such information in accordance with the terms of this Agreement.
Operator shall institute and maintain such security procedures as are commercially reasonable to maintain the
confidentiality of the Confidential Information while in its possession or control including transportation, whether
physically or electronically.
Operator shall ensure that all indications of confidentiality contained on or included in any item of Confidential
Information shall be reproduced by Operator on any reproduction, modification, or translation of such Confidential
Information. If requested by the City in writing, Operator shall make a reasonable effort to add a proprietary notice
or indication of confidentiality to any tangible materials within its possession that contain Confidential Information of
the City, as directed.
Operator shall maintain all Confidential Information as confidential for a period of three (3) years from the date of
termination of this Agreement, and shall return or destroy said Confidential Information as directed by the City in
writing.
Operator may disclose Confidential Information in connection with a judicial or administrative proceeding to the
extent such disclosure is required under law or a court order, provided that the City shall be given prompt written
notice of such proceeding if giving such notice is legally permissible.
27.Severability
If any term or condition of this Agreement, or the application thereof to any person(s) or circumstances is held
invalid, such invalidity shall not affect the other terms, conditions, or applications which can be given effect without
the invalid term, condition or application. To this end,the terms and conditions of this Agreement are declared
severable.
28.Waiver of Breach
A waiver by either party hereto of a breach of the other party hereto of any covenant or condition of this Agreement
shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay
or failure of either party to insist upon strict performance of any agreement, covenant or condition of this
Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or
relinquishment of any such agreement, covenant, condition or right.
29. Integration
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This Agreement, along with the City of Yakima's Project Number and Title and the Operator's response to the
Request for Proposal ("REP"), represents the entire understanding of the City and Operator as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect to those
matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties.
30. Contract Documents
This Agreement,the Request for Proposals Project Number and title, Scope of Work, conditions, addenda, and
modifications and Operator's proposal (to the extent consistent with Yakima City documents) constitute the
Contract Documents and are complementary. Specific Federal and State laws and the terms of this Agreement, in
that order respectively, supersede other inconsistent provisions.These Contract Documents are on file in the Office
of the Purchasing Manager, 129 No. 2"d St.,Yakima, WA, 98901, and are hereby incorporated by reference into this
Agreement.
31. Complementary Provisions
All provisions of this Agreement are intended to be complementary, and any obligations or responsibilities required
by one and not mentioned in another shall be performed to the same extent as though required by all.
32. No Conflict of Interest
Operator represents that neither it nor its employees have any interest and shall not hereafter acquire any interest,
direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. Operator
further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance
of this Agreement.
33. Time is of the Essence
Timely provision of the services, obligations and responsibilities required under this Agreement shall be of the
essence of the Agreement.
34. Notice of Change in Financial Condition
If, during the Agreement term,the Operator experiences a change in its financial condition that may affect its ability
to perform under the Agreement, or experiences a change of ownership or control,the Operator shall immediately
notify the City in writing. Failure to notify the City in writing of such a change in financial condition or change of
ownership or control shall be sufficient grounds for termination.
35. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Washington.
36.Venue
Venue for any judicial action to enforce or interpret this Agreement shall be in a court of competent jurisdiction in
Yakima County,Washington.
37.Authority
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The person executing this Contract, on behalf of the Operator, represents and warrants that they have been fully
authorized by Operator to execute this Contract on its behalf and to legally bind Operator to all the terms,
performances and provisions of this Contract.
38.Survival
The foregoing provisions of this Agreement shall survive the expiration or termination shall survive expiration or
termination of this Agreement in accordance with their terms.
IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA OPERATOR
City Manager Signature
Date Date
ATTEST: Print Name
City Clerk
List of Exhibits attached to this Agreement
Exhibit A-Specifications
Exhibit B -Contractor's Bid Submittal
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